The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-08-18

the case Of Simon v. Craft, q Supreme
Court Reporter, S26 that .. person IS nOs
ess of law by being adjudged a lunatic
in his absence, where the sheriff has
served notice to have the person pres
eut, if consistent with his health and
safety, and a certificate Of a practicing
physician IS produced by the sheriff at
the trial showing that in the opinion Of
the physician it would not be safe TO pro-
duce the alleged lUnRtic.
Reasonable Doubt-Being asked for d
further explanation as to the term ''reas-
Lenert V State, s. Southwestern Re
porter, 90, delivered itself as follows: I
understand that you desire an additional
charge upon the meaning OF the words
affirmative answer from the jury, the
court told them verbally that the two
jury could understand them as easily as
the court. and that the court had
reasonable doubt as to whether he could
charge them as to their meaning.
Automobile Aocident.-The courts Of
New York had recently before hem a
case entitled Mason V. West, 20 New YORK
Supplement. 80. involving an action 70
recover damages which resulted rom
horse becoming frightened at an automo-
bile, and held that the use OF the streets
must be extended 10 meet the modern IN
novatlons OF pid lOcomOuOn- me nla-
chine in question was Of crude and u.l-
usual construction, and gave forth a loud
noise which could be heard for t7o
blocks Notwithstanding this. the court
awarded damages only because Of tae
negligence Of the owner Of the autom9-
bile.
Bringing Of Civil Action Before Termi1-
alton Of Criminal PrOsecutiOn.-The court
of errors and appeals Of New Jersey mas
recently decided that the old common
law rule that the criminal prosecution
must have hnnT7 terminated HlEfu~n a civil
action can be brought for damages G9eS
not obtain In that state In this case.
which is entitled Nolan Y. Edgar q
Atlantic, 60, the court holds that ne
necessity for this rule does not exist Win
US as IL did formerly IN England, Wnefe
il was the duty of every one against
whose property a crime had been com
mltted TO prosecute the guilty one 70 con
VicttOn, but that in this country an ACTON
can be brought at any time after com
plant IN q criminal case has been n-ed.
Theatre Fixtures.-The question Of
what are fixtures in a theatre was con-
sidered by the circuit court Of appears
Tor the Second circuit in the case en-
Titled Lie Insurance Co. v. ALISON ~
Federal Reporter, 1l9. A mortgage va
executed upon certain real estate. ncluG-
ing the building known as the Ols 'l-l--
Iheatre. The court first ceclde- ma
the rule established by the decisions on
this question The court nOlGS ~
dynamOs and electric light plants. So
scenery, and other mOVableS are not pan
Of the realty, but that theatre challs
must be considered as part Of the I5al-s
as between mOrtgagOr and mOrtgas e7-
Trespa sser on Train.-The right OF
conductor in charge of railroad ~fis
VINO discovers a person stealing @-5-1s
thereon. TO require such person W bs-r
INTO the train and pay his fare -11-e,-ssq
upheld by the supreme court o. nzFs
in Griffin V. State. g SOuthea7te--' 4r5r
S44. The court holds, furt1eIlll-- - could
although satisfied that the person eolId
not pay his fare the concuC-l- aim
without stopping the train, col-----=z II
TO come into the same for the lL.- -7-s-t
nVesUgaTing the matter ana III III and
Of the trespasser refusing to c9ll ~ man
displaying a deadly weapon with ---1 --5rr
fest intention of resisting w -s--7
officials. the employee 1ad 9 rl6lLt ~ =,-
themselves as might be necesS7-ls .5,---7
their own protection, ana 70 ellao ..-- -rs
To force the treSpaSSer TO come i----- fr-
train II NAV be mentioned lnclltL55 "a
that in Gecrgia a conductor OF = 49, 49,
a rOIice officer OF the state, ana 1ds
thorftv TO retain a trespasser u c1s---'
and deliver him to the state du1il'i -''-o
Jurisdiction in Bankruptcy.-The JurIs-
dictioD of q district court mas 6een nsLL
in tho - - of Dressed y. NOrth oLaL L1l'Lli
her 20 1g7 Federal, %. 10 extend 20 ~
ceedfnes in bankruptcy agalust q Co-+S -
-, Tvfbich carries on the DuslAr9o ~
@S lit - vvas Incorporated, and mas ~
7,,-or,er+v and assets enuTelE VIM +I-
5{etrict notwithstanding the LaCt 49,.
80. r,---,vsrv was incorporated ll dL LoL-L--
-+-te - that its articles OF lLlS lsei-.
f{on provided that its Ptlilc'p p,l-b other
shall Sc at 3 place naH41u ~
state