The Western news., 1903-01-14
RECENT JUDICIAL DECISIONS.

The owner Of land on which surface
water has collected in a pond is held.
in Brandenberg VS.. Zeigler Is. Co., 55
L. R. A. 414, to have no right, by cut
ting the natural rim Of the basin, to
drain the water upon neighbor's prop
erty to his injury.
An action for libel against a corpora
tion, which abates by the expiration Of
the corporate charter, is held, in Shayne
vs.. Evening Post Pub. Co. IN. ", IS
L. r. A. TT, to be properly revived
against the trustees of the dissolved cor
poration in Office at the time of disso-
luton.
No liability in favor of a bona fide
purchaser of negotiable paper is held,
In Salley vs. Terrill (Me.), SO L. r. A.
13O, to attach to the maker, where 1t
was drawn and signed but not deliv-
cred or intended to be delivered, but
was obtained by the payee by theft,
without gross carelessness or reckless
ness on the part Of the maker.
A simple contract creditor, who has
no lien on the property, is held, in Flour
noy vs.. Champion IN. NJ, IS L. R. A.
745, to have no right to intervene in a
suit in equity for the appointment of a
receiver of partnership property and
secure judgment against the partner
ship and one Of it's members, but is rel
egated to an action at law, the defend
ants being entitled to trial by jury.
That an assault committed by dog
IN jumping upon stranger and injur-
ing him resulted merely from its mis-
chievous or playful propensity is held,
In Crowley VS.. Groonell (Vt), 55 L. R.
A. SIG, not to absolFe the owner from
liability, If he knew Of it's disposition to
commit such injuries, or knew enough
Of its habits to convince man Of Ordi-
nary prudence Of it's inclination to COM
NIT them.
A peace officer attempting to make an
arrest for unlawfully carrying arms is
held, In Montgomery VS.. State (Tex.
Chin. App, 55 L. r. A. S66, to be
bound to make known to accused under
what authority the arrest is made, al
though by statute he has power to
make the arrest without warrant,
where he is by statute required in ex-
ecuting warrants to make known his
authority.
Land within the boundaries Of street
as shown on plat filed in the clerks
office under the provisions of the law
Incorporating a town, which declares
that the plat shall be conclusive evil
dence of the street boundaries in all
future suits and contests that may
arise concerning them, is held, in Nc
Clellan VS.. Weston (W. Va.), 55 L. r. A.
S9S, not to be subject to adverse possess
sion as against the town.
A judgment for alimony in favor Of
wife, the right to which becomes vest
ed by force of statute upon decree Of
divorce for the fault of the husband.
Is held, in Coffman VS.. Finney (Ohio),
30 L. r. A. 794, to be debt against the
husband, subject only to variation in
amount in case of appeal which, upon
the death Of both parties pending ap-
peal, will survive in favor Of the per-
sonal representative OF the wife, and
against the personal representative Of
the husband.
Under statute providing that all
wills shall be in writing and be signed
by the testator, which signature shall
be made by the testator, or the making
thereof acknowledged by him and the
writing declared to be his last will, in
the presence Of two witnesses present
at the same time who shall subscribe
their names thereto as witnesses In the
presence Of the testator, it is held, in
Lacey VS.. Dobbs On. j., SO L. r. A,
$50, that it is essential to validity that
everything required to be done by the
testator shall precede In point of time
the subscription Of the witnesses.
The insertion in a statute the OBJ
vious intent of which is to tax every
interest, present or future, passing by
will to persons not exempt, of provi-
sions that the tax shall be due and pay
able within two years after the execu.
tors qualification and that suit shall be
brought in six months after it is due,
Is held in Howe VS.. Howe (Mass), IS
l.. Il. A. GIG, not to prevent the taxa
ton of future contingent interests
which do not vest within such time,
where the statute also provides that
the Probate Court may extend the time
when the tax is payable, whenever the
Of the case may reqnisa,
Allen and the Stranger.
"Private" John Allen was strollinR
down Pennsylvania avenue the other
daY. when he naSsad a lamn noat IA