Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-09-18
E1mportant Decisions
CUSTODY OF CHILD.

Il
| father, on the death of his wife
gave the custody of an infant to his
sister and her husband under an ar
rangement that the child should re-
main with them and the father should
pay an annual sum for it's support. The
agreement was carried out for some
years. Subsequently, the father re-
married. He was a man of good char
acter, and able to support his family
comfortably. His second wife was q
woman of years, of good character and
anxious to do the best she could for
the child Held, that the father was
entitled to the custody of the child. Van
Auken VS.. Wieman, 104 N. w. AGA
Qowa).
BREACH OF PROMISE.
Plaintiff brought suit against de-
PENDANT for breach of promise to mar
nv Defendant claimed conformation
Of the breach or release from his en-
gagement and to support this conten-
ton introduced letter written by
plaintiff to defendant, in which she
states in substance, that she hoped he
might marry some day, because he
knew that she would give him lots of
VfOuDle anu nOuiu IlOL NC ttiISSsiOAesSS
towards him. Held, that such a letter
did not constitute a conformation of the
breach, and plaintiff could recover.
Mickens VS.. Phillips, 81 S. p. 1854 (Va.)
ASSIGNMENTS
p. I. @, a section foreman In the
employ of the Pacific Railway COM
pany. made an assignment to plain
tiff of the wages thereafter to be earn
ed by him under that employment for
six months from date. Plaintiff was
Q's daughter, and the consideration of
the assignment was her services in car
ing for his other children, he being a
widower. At the time the assignment
was made, @. was indebted to defend
ant in the sum of 1923, and action was
brought against @. to recover same,
and the money then due him from the
railway company was garnished. NO
notice of the action was given to O.,
but a judgment was nevertheless OBJ
tanned and the railway company paid
the money over to defendant upon the
judgment, and he still retains the same.
Plaintiff then brought this action
against defendant, basing her claim
upon the assignment. Held, that an
assignment of wages to be earned
under an existing contract of employ
ment for definite period, founded
upon a valuable consideration, and no.
made for the purpose of hindering and
defrauding creditors, held valid, and
plaintiff was entitled to recover. Quig-
ley v. welter, 1O4 N. w. 236 (Minn.)
LANDLORD AND TENANT.
The owner of a city apartment house
rented the flats therein to tenants for
housekeeping purposes. For several
years the children of the occupants
had been allowed to play on the porch
es without reference to the relative
occupancy of the adjacent apartments
by their parents. Around these porch
es was rail balustrade which had
become defective, and had been re-
paired by the janitor in charge in the
building. Two weeks afterwards it
again broke, and was repaired by the
tenant of the adjacent flat. A child
61s years of age, the daughter of one
of the tenants, while on visit to the
fiat having the defective porch, in
playing with companion ran against
the same, was precipitated to the
ground and was injured. Held, in an
action brought to recover damages for
the injury, that the injured child was