The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-15
NOTES OF RECENT OPINIONS.

The natural right of parental dominion is
held, in State VS.. Jackson On. H.), 60 l.. X.
statute requiring children TO be sent to
school
The use of property in the business of
interstate commerce is held, in Sanford VS..
Poe &C. G. A. 9Th c., SO l.. r. A. GAL, not to
exempt it from liability to taxation like
other property within the jurisdiction in
which 1t is situated.
Stockholders who have acquired their
shares and their interest in the corporation
from alleged wrong-doers and through mis-
management are held, in Home. r. Ins. Co.
VS.. Barber (Neb.) 60 L. r. A, 927, to have
no standing to complain thereof.
The proprietors of a saloon are held, in
Curran VS.. Olson (Minn.), 60 L. r. A. 733
to be liable for an injury to a guest therein
caused by a third person pouring over his
feet, while he was asleep alcohol procured
from the bartender, and setting fire to the
same.
The joinder of master and servant as de-
PENDANTS in an action for injuries to an
other servant caused by the act of the de-
PENDANT servant for which the master is
responsible, is held, in Howe VS.. Northern
p. r. Company (Wash.) 60 L. r. A. 949, to
be proper.
The amount of a note given for medical
services by an unlicensed practitioner is
held, in Citizens State Band More
(Neb.) 60 l.. r. A. 737, to be recoverable by
a bona fide purchase. Notwithstanding the
provisions of a statute prohibiting the prac-
tice of medicine without license.
The measure of damages for wrongfully
dlsconnecting a telephone because of a
mistake as to the payment of rent is held,
In Cumberland Telegraph and Telephone
Co. VS.. Hendon (ky:), 60 L. r. A. $40. to
be the amount which will compensate the
patrons for the injuries caused by the
breach of contract.
railroad company is held. in Bruins
wick & w: r. Company VS.. Ponder (Ga-) so
l.. r. A. 713, not to be liable to a passenger
Illegally arrested by officers OF the law
under color of their office, for failure to
Interfere and prevent the arrest. or for
stopping the train to allow the officers to
remove their prisoner therefrom.
The right OF a man to convey or encum-
Der his homestead without the cooperation
OF his wife, as allowed by law, is held, in
to be vested one which the Legislature
cannot destroy, Notwithstanding it may be
! defeated by the filing by the wife of a claim
as prescribed by statute.
Receiving. the premium after the destruc-
ton of all the insured property, so that
| nothing remains to which insurance might
attach. is held, in German ms Co. VS..
| Shader (Neb), 60 l.. r. A, 9lS, to waive
a provision in a policy that the insurer
| shall not be liable for a loss occurring be-
| fore payment of the premium.
An ordinance subjecting one in possession
| of premises on which liquor Is sold, dis
| posed of, obtained or furnished in violation
| of law, to fine, whether the act is with his
knowledge or consent or not, Is held, In
CafnpDellSN1ile VS.. OQeWdlt thy.D, " IL.
A, 723, to violate a constitutional pro-
vision that absolute and arbitrary power
over the nves, liberty and property OF free
men exists nowhere in the republic.
| Requiring an owner of property who has
| made and filed a valid contract for the
| placing of building thereon. under which,
| by the terms of the statute, the entire con-
| tract price may be applied to the claims of
| laborers and material men, to furnish a
bond which will make him liable to them
| in an additional amount in case their claims
| are not satisfied by the contractor, is held,
| in Gibbs Tally (Cal.) 60 l.. r. A. SIS, to
| be unconstitutional.
Payment by the drawee of forged checks
made payable to a fictitious person to one
| who cashed them upon an Endorsement pur-
| porting to be that of the payee, without
| requiring Identification of the one to whom
payment was made, is held, in Canadian
Bank Of Commerce VS.. Bingham (Wash.)
| 60 l.. r. A. 955, not to prevent his recover
| ing back the money so paid, where he was
| ignorant of the facts. and relied upon the
| Endorsement of the one who cashed the
| checks; and the latter will not be placed in
| a worse position by the recovery than he
would have been had the checks not been
paid.