Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-02-03
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: Important Decisions )
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| BENEFITS-HU SBAND AND WIFE.
Where two persons are married and
| live together as husband and wife I'M
! til his death, both mistakenly supPos-
ling that she was divorced from he
| former husband, she is entitled to the
proceeds of an insurance policy de-
signaling her as his wife and bene-
ficiary altho the bylaws of the asso-
citation provide that no certificate snail
be made payable to one not wife,
husband, child. dependent, etc, of the
member. 80 Northwestern Rep. mich
igan, Judge Grant, 40.
AGENTS COMMISSION.
An executor of an estate, represent
ing that he had authority to mortgage
certain property, offered an agent
certain commission to secure loan.
The agent produced IA person able ard
willing to make the loan, but who af-
forwards declined to make it solely OH
of authority to execute the mortgage.
In an action by the agent against the
executor, it was held that he was en-
mission agreed upon. II Southwest
DRY DOCK NOT A SHIP.
An interesting decision was handed
down this week by United States Dis
trict Judge Edward b. Thomas. in
Brooklyn, n. Y, in the case of Martin
J. Garvey against the steamship War
field. Plaintiff libelled the ship because
of injuries which he had sustained
by falling thru hatchway of the YES
sci while she was in the dry dock for
repairs. Judge Thomas has dismissed
the case for the reason, he holds, that
the admiralty court has no jurisdiction
in the matter. This decision is note
worthy, and establishes a point that
has never before been presented to the
courts for settlement 1t is held by
Judge Thomas that, being on dry dock,
the steamship was not on naviSable
waters, nor was the dry dock, which
rested upon the water and not upon the
waters bed, a vessel in any sense, but
was a part Of the land Itself
DIVORCE - MODIFYING DECREE.
DECREE.
A Missouri statute provides that the
court granting a divorce shall make
proper orders touching maintenance of
open the decree as to maintenance. Al
husband was granted a divorce from
his wife, and subsequently a child was
born of the marriage, for whose sup
port no provision had been made in the
decree of divorce. Held, that the court
had authority. on petition of the former
wife being made therefor. to make pro-
vision for the care and custody of such
child. by modifying the original decree.
II Southwestern Rep. (AIissouri, Judge
104.
MURDER-SELF-D TENSE.
A person who. when assailed, is In
a place where he is lawfully entitled to
be, is not bound to retreat before
exercising his right of self-defense.
A person may resist IA public whip
ping, and, if his physical inferiority
to the assailant prevents a resistance,
ne may use weapon with which to de-
fend himself.
Mere slanderous words of persons
brother do not justify such person in
assailing the slanderer. II Southwest
ern Rep. (Missouri, Judge Sherwood)
14S
QUEER NAMES FROM ARKANSAS.
In the case Of Glory VS.. State, 13
Ark, 236, the defendants Doghead
Glory and George Potatoe were indicted
as principals, and Cassalowa, Young
bird, and Moses Glory as accessories
to the murder of David Scentie.