The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1904-12-17
JUDICIAL DECISIONS

" II
Shares In a joint stock association
are held, in re Jones N. y, SO l. r.
A. 4Td, to be properly dealt with as
personally In applying the laws pro
viddng transfer or succession tar,
although the property Of the associa-
zion Is real estate.
The destruction Of a will expressly
reyoking former one is held in Stet-
son VS.. Stetson (Ill.) 81 L. R. A. 258
to revive the earlier under statute
providing that will can be revoked
only by subsequent will declaring
the revocation Of former ones.
In a prosecution for manslaughter
on the ground that deceased was kill
ed unintentionally while the slayer
was in the commission of an unlawful
act, 1t Is held In Johnson Va. State
Ohio 81 L. R. A. 277, that it must be
shown that the alleged unlawful act is
prohibited by law. The other authori-
ties on the question Of negligent hon.
icide are coilated in a note to this
case.
A telephone company which re-
moves, destroys or Injuries trees plant
ed by an abutttng owner along the
street adjacent to his property, under
the terms Of a city ordinance, in erect
ing poles and wires under Its fran
chise, Is held, in Broson vs.. Albion
Telephone Company CNeb.), 90 L. R,
A. 426, to be liable for the resulting
damage, though no unnecessary injury
Ia inflicted.
Carrying a loaded gun from one
room of a house, in which it had beer
left by another person, to an adjoin
ing room, Is held, in Doody vs.. Nation
al Masonic Accident Association
(Neb.), 60 L. R. A. 424, to be "han
ding firearms within the meaning o,
clause In an accident-insurance poll
cy limiting to $500, the recovery To-
t any injury received while hunting o
while using or handling loaded fire
L. arms,
A judgment In a suit between tn
owner of property abutt1ng on high
i way and the municipality to ESTABLISH
4 the boundary Of the highway, is held
Q in Long VS.. Wilson Qowa), 60 L. z
= A. 720, not to be conclusive on tn
b owner Of property located ON the or
pOSite side Of the street, who Is nc
t made party to the suit, and who's
Q access to and from his property wi
q be interfered with II the boundary q
}. established prevails.
n A conviction Of granddaughter upo
the second trial Of an Indictment fc
n murder, upon which there was a col
4? viction Of manslaughter at the forme
It trial. which was set aside and a ne
% trial granted, Is held, in people v
. McFarlane (Cal.), 81 L. r. A. 245,
be sustainable, although the evidenc
r. established murder on the second tris
II where the evidence does not prove
it case where the verdict must be Il
ID murder or acQuittal as justif1able hor
,e icide.
j. The resumption Of martial relation
by a wife living separate from h
to husband, and about to commence pr
n ceedings for divorce against him,
ne which she was entitled because of b
er wrongdoing, Is held, in Moayon '
It. Moayon Ky.), 90 L. R. A. 415, to
IS sufficient consideration for his prof.
ise to convey property in trust for t
,,s benefit Of their children, and, in t
ho event of their death for her benet
n. A note to this case collates the 9th
." authorities on the validity Of a CO
al tract between husband and wife
re compromise pending or contemplat
divorce suit