The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-04-08
Suprme Court Decisions.
(Reported by Jos. l.. seawell)


THOMPSON VS.. SOUTHERN RAIL
WAY CO., appellant. From Fender.
Affirmed.
A petition for removal of a cause to
the Federal court is fatally defective if
it fails to specifically allege that the pc
titioner is q nonresident of the State of
North Carolina.
STATE VS.. TELFA1R, appellant. From
Franklin. Affirmed.
The summons to person liable to road
duty is not required to be in writing ex-
cept where the overseer is unable to
personally notify him.
SUN LIFE INSURANCE co. VS.. U. S.
Fidelity and Guaranty Co., appellant.
From Wake. Error.
A bonding company is absolved from
liability on account of it's bond to reim-
burse q principal, to the extent of an
amount named, any pecuniary loss that
such principal might sustain by reason
of larceny or embezzlement of an agent
in connection with the agents position
where the agent was afterwards appoint
ed by the principal to another position
which superseded and annulled 'all
agreements previously made" between
the principal and agent, and which re-
quired the agent to enter into bond with
two suretes for the faithful performance
of the new duties imposed, whereas the
old position required a bond with only
one surety.
TUCKER VS.. WINDER, appellant. From
Duolin. No error.
In 60, I'll ,X1
arrest of plaintiff, evidence of the re-
puted wealth of defendant is competent
in considering the question of punitive
damages.
Where it appeared that defendant add
ed plaintiffs name as defendant in the
warrant in the original case and caused
his arrest, but at the hearing the defend
ant (plaintiff in the original case) stated
that he had no evidence against plain
tiff and asked that his name be stricken
out, it was proper to instruct the jury
that if the arrest of plaintiff was done
in reckless and Wanton disregard of his
rights the jury might, if they saw prop
Ell, award exemplary damages for the
wrong done, in addition to compensatory
damages.
WILLIAMS VS.. TOWN OF GREEN
WILLIE, appellant. New trial.
Except as to property rights, the doc
thine of respondent superior does not
apply in an action against municipal
corporation to recover damages resulting
from an act done in pursuance of it's leg
islative or judicial powers, or in the ex-
ercise of it's authorized police powers.
A city is not liable in damages for di-
seases suffered by an individual in con-
sequence of the citys neglect to observe
sanitary precautions in the construction
and maintenance of a sewer whereby
water, containing dead cats, chickens and
other deceased animals and fowls was al
lowed tc pond on plaintiffs lot
In such case the city may be held liable
in an action of .trespass, for damage to
plaintiffs property. 49,, 4 s-sss
sALLENGER ct al cs. PERRY ct al, ap-
pellants. From BERTHE. Error.
Where, in an action to restrain sale
of land under mortgage and for an
account, an issue was Joined as to
whether notes made payable to the
plaintiff and applied by defendant mort
gagee to debt due by plaintiffs husband
lUSIedu VI 10 d ueUI uue ny pIdlHIlH
wife, were the property of the plaintiff
of his wife. it was error to instruct the
jury that the plaintiff must satisfy them
by a preponderance of the evidence that
the notes were by mistake made payable
to him instead of to- his wife. In such
case the same rule applies as that in an
action to correct deed made through
fraud or mistake; viz, the evidence must
be clear, strong and convincing"
SMITH V. INGRAM ct al appellants.
From Montgomery. Affirmed.
Contracts and deeds for the sale and
conveyance of land are local and be-
long to the jurisdiction where the land
lies. and will not be enforced when con-
trary to the laws and policy of the State
where the land is situate.
Where husband and wife, being nom
residents, convey land lying in this State,
by deed with warranty to the grantee,
but not to his heirs and assigns, and
* EnNIET AZ TME WAnWM -