Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-09-27
yImportant Decisions
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ACKNOWLEDGEMENTS.

A city ordinance directed directly
against bill-boards located on any res
|idence street within 200 feet of any
park is null and void, as this limited
restriction does not rest upon reason
able grounds and can not be Just1hed
as a legitimate exercise OF the ponce
power boards are not necessarily
u nuisance. The power to abate pub
lie nuisances does not authorize the
summary destruction of private prop
erty, except such as is incident to ths
|abating of the nuisance. (American
Posting Service vs. Chicago, superior
court OF Cook county, Sept. 1929
TRADE RNERS-MARKET PRICE
Where, in contract, the term mar
|set price" is used, parties will con-
clusiyely be held to have had in con-
temptation an honest market price and
not any fictitious or corner price which
might possibly occur upon the market
or exchange involved.
Courts will not interfere with the
decision of or within voluntary assoc1
lations relating to discipline of mem.
bers not affecting any right of prop
erty other than such as the membership
Itself involves, except to require that
the associations own rules and all that
constitutes the membership contract be
complied with. (Waite VS.. Bartlett, SUI
perior court Of Cook county, ILL.,, Sept
5000
CONTRACTS CONTESTING WILLS,
A brother agreed with his sister tina.
il she would not contest their fathers
will, he would pay her a certain sum
of money. She refrained, therefore,
from contestirg the probate of tho
will The brother paid her part of tho
amount agreed upon, and in a suit
against him to recover balance, it was
held that the agreement was based up
brother liable Hereunder II N. Y.
Supplement Judge Forbes) 967.
LOTS-IDENTITY OF, PERSON.
Merely upon the statement of a board
of primary inspectors that certain
number of votes We're cast for DIR.
John j. Evans and q certain number
for John Evans" and without hear
ing any evidence. it can not be as
sumed that all the votes were intended
for the same person. Ill N. Y. State
REP. (Judge Williams) 973.
CUSTODY OF CHILD.
A court, upon a habeas corpus pro-
ceeding by a father for possession of d
child, after the death of the mother,
to whom the custody OF the child was
awarded on her obtaining divorce,
may exercise a discretion, and leave
him. in the custody of the woman to
whose care the mother intrusteG him,
on consideration OF her superior quail.
ifications. and the expressed prefer
ence Of the child, tho he is only nine
years old. 80 Southern Rep. alabama;
Judge Haralson) $50
MURDE2-soELF DEFENSE.
On prosecution for murder, the
evidence showed that defendant went
to where deceased was playing a game
of ball, and said, in an angry manner,
You said you wanted to see me; you
can see me now all you want to-" De-
ceased went towards the pitchers box,
and defendant followed, cursing him.
They clinched, and defendant pulled
his pistol, and fired, killing deceased.
Held, that if defendant was the ag-
gressor, he could not set up a plea Of
self defense 80 Southern Rep. Gala
bama, Judge Haralson) ga.
POINTS OF DECISIONS.
FRAUD is not a thing susceptible Of
ocular observation" Judge Wheeler, tr
is Texas. 219.
I'm law fraud is the finger of death
to everything it touches" Judge Fin
letter, in PhiladeliJ1..a, >ra.) $50.
The sale of intoxicating liquors to a