Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-11-11
Elmportant Decisions 5
NEUTRALITY-SUSPICIOUS.
pnlslglAN AMI pAlinNT.

VOYNVVVVVVVVVW
| PLY sIClA4N AMI PAllENI.
| Plaintiff is a physician and surgeon.
| Defendant called In plaintiff to attend
his tdefendamt's) son, who was III at
| the house of defendant. Defendants
son was thirty-two years of age.
Plaintiff responded to the call and rem
dered services and afterwards pre-
scented his bill to defendant, who re-
fused 10 pay on the ground that Tue
obligation was that OF his son, ana
this action was brought Held, that
the fact that the defendant requested
the physician to call raised no Implied
promise on the part of defendant to
pay for the services rendered, In the
absence OF showing that defendant
was responsible by law for the care,
etc, of his son. Boyd vs.. Sappington,
4 Watts Pa). 247.
IMMUNITY FROM SUIT.
Plaintiff while visitor at the MIN
nesota State Agricultural Society's
grounds during the hast annual fair,
claims to have been arrested and I'M
prisoned upon an alleged unfounded
criminal charge by one of the police
men appointed by and acting for the
managers. The facts alleged In the
complaint are such as would furnish
legal grounds for Il recovery against
private individual or corporation, but
defendant appeared specially and ask
ed Judgment on the ground that de-
PENDANT corporation was the represent
tative of the state of Minnesota, under
Mrd by virtue of the laws of that
state which gave the state title and
entire control of the property and
funds of the agricultural society. Held.
that uhe association was the represent
tative of the state and as the state is
immune from suits by private citizens
without it's consent the action would
not lie, herman VS.. Minnesota State
Agricultural Society. 100 n. W.. 732
(Minn).
WILL - REVOCATION.
The code OF South Dakota provides
that If, after making will, the tes
tator marries, and the wife survives
the testator. the will is revoked un-
less provision has been made for her
by marriage contract. or unless she
is provided for In the will, or in such
way mentioned therein as to show an
intention not to make such provision:
and no other evidence to rebut the
of revocation must be
received. Testator by Will during
gave all his property to his
wife and her son. Thereafter the wife
died, and testator married again, and
died without having made any other
will. leaving his second wife surviv-
Ing. having had no issue by either
Held, that in the absence
Of condition excepting the will from
the rule of revocation being shown by
such evidence as the statute contem-
plates. it was properly refused admis-
sion to probate. In re Larsen's Estate,
100 N w. 73S Is. D..
RACTS--BREACH.
Plaintiff, who was a painter enter
ed into written agreement with de-
PENDANT to paint twenty-five dwelling
houses in the city of Seattle then owns
ed by defendant. Plaintiff started to
work on the property and after work.
ing q few days. defendant refused to
permit him to continue, and relet the
work to another painter. Plaintiff
brought this action for breach of con-
tract Held, plaintiff was entitled to
recover for the work performed at
the contract rate, ana Such pfoHt, Il
any, as he would have made OH the
balance of the work, had he been al
lowed to complete 1t. Chase vs..
Smith, n Pac. 1869 (Wash.)
WORK AND LABOR.
PLAINTIFF took care of her father,
who was in iii health, during the last
four and one-half years of his life.
and rendered services. as she testified,
such as she would have rendered her
own child" There was no evidence
tending to show that she expected to
be paid therefor, and, on his DEATH she
presented claim against his estate
for the services. Held, that it would
be conclusively presumed from the re-
|ation of the parties that the services
were rendered gratis. Stallings VS..
Ellis, as S. e. 54S IN. C)