Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1902-03-22
POINTERS IN LAW.
Some Judicial Decisions Not Set
Down In Courts of Record

Down In Courts of Record
From a batch Of burlesque legal de-
cisions which Law Notes designates as
judicial Wisdom and Nonsense" COM
piled by an Office boy on its editorial
staff. we Gull the following items:
"a man tifty-seven years old who has
handled horses all his life and who is
In the livery business is competent to
testify that the tallow in the inside of
horse which died was melted from
his being overdriven." Johnson versus
MOnfctt, 10 Mo- App. 159.
"a divorced man is a 'widower.'
Fer Ro kwell, j., in Kunkle versus
Reeser, 5 Ohio Dec. 422, . Ohio N. z.
401.
"Concealment by woman Of the fact
that she has a glass eye will not war
rant annulment of marriage" Kraus
versus Kraus, 8 Ohio Dec. 515, Ohio
n. L. 24S.
a man may be absolutely drunk
without being dead drunk" Per Bake
well. j., in Lavender versus Wadding-
ham. 3 Mo, App. 457.
"A man suffering from delirium
tremens is not in the ordinary sense Of
the term man of temperate habits. "
Per Lord Watson in Thomson versus
Weems, 0 APP. Cas-. GIL.
when a man asks a woman to mar
nv him, 1t is not indicate for her to
give him categorical answer, and
most men expect to get a plain answer"
Cole versus Holiday, Mo. App. 81,
disappearing n dictum TO the contrary
in Wells versus Padgett, s Barb. On. ~
324.
THE court will take judicial notice Of
the fact that simple minded country
girl will be touched by present OF
lowers. bird, two rings and gold
watch" Kern versus Kern, oil n. ).
EQ. ga.
False teeth are artificial and are not
natural They may be worn at one
time and omitted at another. They
may be lost from the mouth and pass
into q strangers possession" Per
Finch, j., in People versus Palmer, 100
y. Y. 10.
where the bowels Of jurors are af-
fected by tainted beef the administra-
ton of Il pint and Il half Of whisky
made into the beverage known as
Cocktail is not necessarily 4 ground
for a new trial" Russell versus State,
80 Miss. SOS
1T would hardly be going too far to
say that the court judicially knows
that Wyandotte Indian Is Il human
being" Per English, G. j., in Reed
versus State, Is Ark. 400.
"Awife cannot keep dog without her
husbands consent and participation"
Strous versus Leipf, 101 Ala. 433.
Temporary chickering's and passion
ate utterances between husband and
wife are consistent with conjugal af-
lection and with a devotion Of each TO
the other in preference to all other per-
sons" Per Harrison, j., in re StrattOn.
112 Cal. $40.
"For a woman to spit over fence Is
no evidence of insanity" Lee versus
State TEX. Grim. APP. 1000. Ga S. W.
Rep. 1047.
For a man to swear while trying to
button his shirt collar is not to be re-
garded as a symptom Of sOftenlng of
the BRAIN" Per De Almond, j., In
Keithley versus Keithley, So Mo. 217.
"Where a mother-in-law is the owner
of the premises she will Of course only
give up her authority with her last
breath. Nothing but death would or
should be required to part her and the
keys" Per Caruthers, j., in Shell YER
sus Shell. 2 Sneed Uenn.) ZIG.
Care which is sufficient for barrel
of potatoes is negligence with a barrel
Of grnpowder." Per Sterrett, G. j., In
TurtOn versus Powelton Electric COM
pany, 1S5 Pa. st. 40.
"a quarrel cannot be ex parte." Per
Bleckley, c. j., in Carr versus Conyers,
81 Ga. $50.
Tobacco is a food and drink" Per
Taft. j.. in Baker versus Jacobs, 64 VT
197.
Tobacco is not an article of food
neither is it a drug or medicine" Per
Biggs, j., in State versus Dinner "a
/ Mo. app. 115.