The Washington times., 1901-11-02
LATE LEGAL DECISIONS.


| by stratagem, and not by force. is held
| by the Supreme Court of Iowa. in the
| case OF State VS.. King (s7 y. W. Rep.
| 2s2), not to be breaking from the pen
| itentiary. In this Gaze several convIcts
| while working in stone qrarries. dropped
| unseen into a natural orevice in the rock
| and then covered the opening They were
| missed by the prison guards, and as the
| quarries were watched for two days, the
| convicts were compelled to remain con-
cealed in their hiding place. When the
| guards were removed they made thsi4T,
cape, one Of them being recaptured. I'm
der the Iowa statutes. the punishment for
a convict who breaks prison and escapes
is Imprisonment for an additional term
after the expiration Of his original term.
| On the present facts the convict was
| held not to have been guilty Of breaking
| prison.. The court said that to consti-
| tute a breaking something must be
| done tending to open g way through con-
ming walls or other distractions tc free
| entrance or exit. By getting in or out
| Of the crevice the defendant neither
broke away from; nor through any OBJ
/ struction whatever to his confinement IN
| the prison: he merely eluded temporarily
| the personal custody of the guards. and
| when he stepped from the hole in the
/ rock y was at precisely the same place
| he had lett when entering. with no physi-
/
in the departure of the guards.
What constitutes a newspaper was re-
| Gently decided by the Supreme Court of
Nebraska. in the case of Turney vs.
Blomstrom (S7 N. W. Rep. 33s). 1t was
held that the principal distinguishing
feature Of newspaper. in contempla-
| tion of law is that it be a publication
appearing at regular. or almost regular.
| intervals at short periods Of time.
daily or weekly. usually in sheet form.
and containing news: that Is, reports Of
| recent occurrences-political. social. moral.
! religious-and items of a varied charac-
| ter, both local and foreign, intended for
the Information of the general reader.
| Where a partner dies, the surviving
partner takes the legal title to the part
nership property, subject to the equitable
right Of the deceased partner to a dis
| tribution of surplus after the payment
| of debts. holds Forbes of the Supreme
Court. special term, Chemung County. N.
Y, in the case of McCann vs. Hazard (72
N. Y, Supp, 40; and where surviving
partner dies, his executor takes legal
title to the partnership property for the
purpose of settling his estate. but does
not succeed him - surviving partner.
In a trial of a case where the age of
one OF the parties constitutes a material
issue, the Supreme Court OF Alabama, In
the case of Boyett VS.. State go Sc. Rep.
f75), holds that it is competent ijr the
witness to testify as to an inscription
upon tombstone stating the tizte OF
birth of such person
Where a verdict finds defendant guilty
OF crime, a recommendation in that YER
dict by the jury to the mercy of the court
has no legal effect, is mere surplusage,
and cannot be considered in an appellate
court to set aside the Judgment OF the
trial court in fixing punishment. holds the
Supreme Court of Appeals of West Vir
ginia in the case of State VS.. Newman (S9
S. L. Rep, 500.
The maintenance of a telephone line
over the land of another for over twenty
years does not raise a presumption that
the company originally had license so to
do, holds Forbes, of the Supreme Court,
Delaware County, New York, ir the case
Supp, 50), but it will be presumed that
such occupation was subordinate to the
rights of the land owner.
A clause in a will whereby the income
of legacy TO minor is not directed to
be paid TO him at majority. but to be held
in trust for him on a certain contingency
for life. and thereafter distributed to
other persons, is held by Fitzgerald. of
the Surrogate Court, New York County,
IN snyder Estate tlz ~ l. oUpp.s Olt,
to be invalid as an illegal accumulation.
and the income passes to the parties en-
titled to the next interest in the fund
Which produced 1t.
| The delivery of a deed is necessary to
convey title. holds the Supreme Court of
Alabama, in the case of Fitzpatrick VS..
! Brigham go So. Rep, 500. and a deed
/ becomes effectual as conveyance of I'll
/ tie only from the date of its delivery.
/ Where the charter of a benefit society
! provides for the suspension or expulsion
-of member for nonpayment of
/ dues, but further provides that no mem
! Der shall be suspended or expelled with
/ out a fair and impartial trial. the Court
! of Appeals of Kentucky. in the case of
/ Rogers VS.. Union, etc, Co (6i S. w Rep,
/ fD. holds that a member in default as
/ to payment of dues continues to be
member in good standing until suspended
! or expelled, and until then is entitled to
sick benefits.
J Though a salesman may have special
| authority to make a particular sale Of
| goods unconditional, yet. if in making
1 the contract of sale he inserts a condi-
| tion that it shall he subject to confirma-
| tion." the Supreme Judicial Court of
| Maine in the case of Gilman vs. Stock
| $50 Att Rep, 81, holds that no action can
! be maintained for the nondelivery OF the
| goods without showing a confirmation of
the sale by the principal
! Where an alley, dedicated for the COM
mon use of two lots abutting thereon, had
| been adversely used by the owner of one
| of the lots for more than forty years,
| the Court of Appeals of Kentucky. in the
| case of Hogan VS.. Peudennis Club t6i ).
| W. Rep, 46i), holds that the right OF the
| city and OF the other owner was barred
| hy the Statute of limitations.
The present United States bankruptcy
| act became operative July l. 1898. holds
| the Supreme Judicial Court of Maine in
/ the case of First National Bank VS. Ware
| (5G Att. Rep, "a, and upon that day de
| prived the courts of Insolvency in this
| State of all power and jurisdiction to ad-
| minister insolvent estates ana grant dis
| charges from debts, except in those cases
| in which insolvency proceedings had been
| begun before that day.
| An ordinance prohibiting the granting of
| licenses for the sale of liquor in quantities
| less than four gallons in a single package,
except at regularly licensed saloon or
dramshop. is held by the Supreme Court of
Illinois, in the case of People VS.. Harri
son, Mayor (6l n. +. Rep, Jg), to be voId
because of unjust discrimination.
In King VS. University of Cambridge q
Stra., 500. Fortescue. Judge. said: The
laws of~siod and man both give the party
an opportunity to make his defence, If he
has amy. / remember to have heard IL
observed by a very learned man upon
such an occasion that even God himself
did not pass sentence upon Adam before
he was called upon to make his defence
Adam says God, where art thou? Hast
thou eaten of the tree whereof | com
manded that thou shouldst not eaJ?' And
the same question was put to Eve also