Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-31
: Important Decisions
NEUTRALITY-SUSPICIOUS.
!. LIRELoUs WILL.

n
An exceedingly peculiar case was
before the Orphans court of Pittsburg,
Pa, recently, for decision. 1t SHOWN
that the will of minister contained
statement to the effect that one brady
had received over $4,000 from the tes-
tator for clothing, maintenance, educa-
ton, etc. and had promised to repay
it, but had not paid a dollar. and that
the testator had no intention of releas-
ing said debt, and had bequeathed the
same to two friends to collect FOR their
own use. Brady. who is lawyer IN
Cleveland, thereupon filed petition
asking that the estate be held RESPONSE
Bile for the libel in the sum of Sb0O0o
A demurrer was filed because of the
minister's death, but the court over
ruled the demurrer. holding that the
hight of action did not abate with the
death of the testator, because 1t had
not accrued until after the death and
publication of his will. The action
certainly seems to be without prece-
dent. The American Lawyer.
! TO PAY FOR LITIGATION.
| A stimulation in a contract between
attorneys and client, for the payment
CATION is held to be against public poll
icy, champertous, illegal and void. %
Lawyers Reports Annotated (Jtah)
| 952.
| TENANT AND REPAIRS.
An agreement in lease requiring
| the tenant to make all inside and out
side repairs does not include eNtrao-
side repairs" dies not include extra
ordinary repairs occasioned by the
| falling in of the roof of a part of the
premises caused by heavy body OF
snow. Such words in Il lease import
simply a general covenant to make or
binary repairs, and they do not take
| the holding out of the operation OF the
real property law authorizing a ten
ant to surrender premises rendered I'M
tenantable by the elements when there
is no written agreement to the con-
! trary. New York Law Journal, On. Y.
court of appeals.)
CRIMINAL LAW-CORPuS DEL1CTl
A statue enacts that the body or
parts of the body of deceased must be
found, and be sufficiently identified to
establish the death OF the person
charged to have been killed in order
to sustain a conviction for homicide.
ON a prosecution for murder. the evi-
dence showed that a skeleton was
found. The clothing found with the
skeleton was identified as the clothing
worn by the deceased Immediately
rrior to his death. The body had on
one of it's arms peculiar bead which
was identified as having belonged to
deceased: and 1t was SHOWN that he
wore such a one Immediately prior to
his death. Accused and deceased were
seen together short time before the
homicide The coat, pants, ana Ves'
were identified as those of deceased
land the accused was found in posses
sion of the hat, shoes. and money OF the
1 deceased after the homicide. Held, thai
the corpus deficit was not established
i and the prisoners conviction of muir
der must accordingly be reversed. o'
Southwestern Rep. (Texas Judge
Brooks) 1863.
EARMS-LIABILITY OF MAKEF
Where manufacturer of firearms
showed that the materials used were
purchased from reputable manu1ac-
turer. who subjected them to propel
tests before selling them, and that th'
firearms were skillfully put together
and when completed property tested
he is not liable to purchaser of gur
for injuries caused by it's exploding
an Y. Supplement Judge Houghton.
/