Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-13
3lmportant Decisionsy
DIVORCE.

DIVORCE.
The plaintiff and her husband were
domiciled in New York. Plaintiff went
to Massachusetts, acquire bona
fide domicile there, and obtained di-
vorce there. The husband in New
York was served with personal sum
mons, but did not appear in the suit.
Upon the husbands death the
plaintiff. brought action in New York
for dover In his lands situated in that
state. Held, that the plaintiff cannot
question the Massachusetts decree.
The court considers the Massachusetts,
decree binding in New York, but JUS
tifies its decision on the ground that
the plaintiff, who has invoked the
jurisdiction of foreign court, cannot
later question the validity of its de-
cree for lack of jurisdiction. 17S, New
Yok. sos.
DECORUM OF ATTORNEY.
1t was some time ago juiicially de-
termined that it is not reversible error
for counsel to weep before the jury.
In the recent Iowa case of the State
VS.. Burns, 81 Northwestern Rep, 23S
it is held not error that the counsel
in his argument resorted to pathcs in
his endeavor to sway the feelings of
the jury "Within reasonable limits,
said ,he court, the language of counsel
in argument is privileged. and he Is
permitted to express his own ideas in
his own way. so lon gas he may fairly
be considered relevant to the case which
has been made. No lawyer has the
right to misrepresent or misstate the
testimony. On the other hand he Is
not required to forego all the embellish-
ments of oratory, or to leave unculti-
waited the fertile field of fancy
CONTRACTS.
Defendant sold his business and
good will TO plaintiff, and covenanted
never again to engage in the same line
of business in any part OF the United
States. The defendant broke his
agreement, and the plaintiff began a
suit 10 restrain a breach of the cove
nant. Held that the covenant was
valid and enforceable. This conclusion
was reached though the covenant was
admitted in general TO be in restraint
of trade. The court assumes the pre-
mise that under the enlarged CONNER
cial conditions of the country, the con-
tract is reasonable, and this eliminates
the question chiefly discussed in the
cases on the subject. 120 Federal Rep.
40.
MUNICIPAL CORPORATIONS.
In a recent Kentucky case il appeared
that IN the winter when the streets
were covered with snow, men and boys
We're permitted to coast down one of the
Streets of a city to the great danger of
pedestrians, without the intervention
of the city authorities. While the
plaintiff was crossing the street and
exercising ordinary care for his own
safety, he was run down by one of the
coasters with sled, and suffered in
iuries, for which he sued the city.
Held. that municipal corporation was
not liable, for, in the exercises of its
control over coasting on it's streets. ii
was acting in public capacity, and
represented the state. rs Southwestern
Re. (Ky) 327.
NEGLIGENCE.
The plaintiffs health had been great
,v impaired by overexertion in putting
ont q, fire started on his premises by
SHARKS from an engine belonging to-
defendant. Held, that the plaintiff may
recover for the injuries he sustained to
his health. SO Northwestern Rep. $50.
rato,.,oIte-James Dumas propri-