The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1904-12-24
JUDICIAL 3 EcIsloMa.

d {
A municipal ordinance ns>,, {. II.
me maintenance Of a derry witb,s' 81
city limits is held in Sc. Iioll, ,;Sl; =
Fischer (Mo), 81 Z. n. A. arc - - \ i Z
deprive citizens OF property w,sh M y
due process of law, or to abriaca ,. i, w
privileges or immunities s1sas
The power OF courts, at eommon Z.
to order an examination Of tha - 49, =
pf one alleged to have been intrr s,sss -
the negligence Of another, for I'D -, y
pose Of ascertaining the extent Of IN
injuries, is denied in Austin q s =, II
r. 20. vs. Chuck CTex.), "a = r "
494. n = =.
A master is held, In Duntlev % j.
man, Poulsen & Go. Ore, SO L n
7s5, not to be liable for the death - -
servant because he failed to f,,rn,sh :
better belt shifter. where the ona .s a.
nished was safe and suitable wba..
properly used, and the servant mas a
no objection to using it.
The receipt from one Joint -.
feasor OF sum In part Satisfaction -
the demand, and his release from I'M e
ther liability, are held, In Lo,,lav,,,a
and .. Mail Company VS.. Barnes NV
"a l., Z. A. GA. not to operate to o. ~
lease the other from liability for ~ ~,
residue of the damages inflicted,
The death of husband, who w,th
his wife, had occupied tract Of lana
belonging to him as a Homestead =
held, In Cross vs. Benson (Kanl a.
R. A. $50, not to deprive the wife -
the right to maintain the homestead y
and to continue to occupy it, free from
forced sale under process of law sor
the payment of the husbands debts,
The tendency and dismissal Of 4 FOR.
mer action are held, in Rodmen vs
Missouri Pacific Railroad (Kan,), "a T
K. A. 7O4, not to extend the time for
bringing an action under a statpto
which gives right of action for dam.
ages for death by wrongful act which
did not exist at common law, but nro.
vides that it shall be commenced with.
In two years. .. r..
A person employed to watch the per.
sonal property Of company stored
upon the real property of another IL
held, in Holler VS.. Ross IN. J. Err. a.
App, so L. r. A. 943, not to be acting
within the line of his duty where he
shoots a person trespassing upon the
realty, because that person refuses To
go Off the premises or to halt or throw
up his hands at his command.
A statute providing that insurance
policies shall not be avoided for the
ealsity Of representations or warranties
unless made with intent to deceive or
increasing the risk of loss Is held in
Continental Fire Insurance COMPANY
VS.. Whitaker Tenn.l, "a L. R. A, 4s1.
to be within the police power; and It Ia
held to be immaterial that 1t applies
only to policies issued by old-Hne com.
panies and not to those issued on the
assessment plan.
The right Of the Probate Court. in Its
discretion, to allow an administrator q
reasonable amount to compensate for
the services of a real-estate broker who
succeeded in securing for the property
belonging to the estate a materially
greater amount than was bid for It at
the attempted auction sale, is sustain
ed in Re Wizards estate (Cal), 81 l.
r. A. 654. The other authorities on
liability Of estate for commissions of
broker or agent who sells property are
collated in note to this case.