The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-20
NOTES FOR LAWYERS

The dismissal of am appeal for failure
to comply with a mandatory statute as
payment of the registers fee for his re-
turn is held, in Lohrstorfer VS. Lohrstor-
fer CMich) 20 L. R. A. Cpl, to confer a
vested right which cannot be impaired by
a subsequent statute permitting the REIN
statement of appeals within a specified
time upon proof that the fee has been
paid IN the interim.
A bank sends to another bank, which Is
its regular correspondent. for collection
draft Endorsed for collection and credit
is held in Garrison VS.. Union Trust COM
pany (Mich) 10 l.. r. A. els. to have no
right TO assert its title against the lien
upon the proceeds To which d third bank
to which the draft is forwarded for col
lection, is entitled to the ordinary course
of business to balance its account against
the intermediate bank.
The right of the drawer to claim the pro-
ceeds of a bank draft sent in payment of
goods sold, deposited in bank, collected,
and placed to the credit of the payee, be-
cause, to get possession of the property
which he bought, he was compelled to pay
a draft on himself which the seller of tho
fading, and had discounted. is denied in
It S. Reed Grocery company VS. Canton
National bank Md 20 l.. r. A 959. al
Though the seller fraudently appropriated
Ibis draft while leaving the one against
him outstanding in the hands of the con-
lcern which discounted 1t with lien on the
gproperty as security. The right to follow
proceeds of draft into payees bank ac-
count because of fraud or failure of con-
isideration is the subject of a note to this
case
The refusal of the agent at the interme-
date terminal to indorse return trip
ticket, which Endorsement, according TO
the terms of the ticket is necessary to
validate 1t, is held, in Texas and p. X.
Co VS.. Payne Cfex.) 70 l.. r. A. 94b, not
TO be final breach of its contract, by the
carrier, so as to preclude recovery by the
passenger of any damages that may sub
eeuuently accrue; and. where the passen-
ger is elected from the train when at
tempting to use the ticket, under circum-
stances of humiliation, it is held that he
may recover damages therefor.
In case of the burning of cotton on
railroad platform. in the course of deliv-
cry 1t is held, in Lehman. s. q Co. VS..
Morgan's Louisiana & T. r. & S. S, Co.
tMich) 70 L. r. A. 562. that the carrier IS
bound to prove the origin of the fire. and
that II was purely dCtlutieai eho iiiiPo77
sible to prevent.
That 1t Is not negligence, as matter of
law, for a passenger who is upon a train
SO crowded that he cannot find q seat, and
becomes sick because of lack of proper
ventilation, and tobacco smoke, to seek
relief upon a platform when unable to
reach a window. Is declared in Morgan
VS. Lake Shore & M. s. r. Co. (Mieh) 70
l.. r. A. 600
The right of a blind person to transpor
tation upon railroad upon tender of fare
without an attendant. is upheld In ILL
nois c. r. Co. VS.. Smith, (Miss.) 70 L. r.
A. 642 r. as matter of fact. he Is compe-
tent to travel alone without requiring
other care than that which the law re-
ouires the carrier to bestow upon all its
passengers alike.
Recurring the substitution of water
closets for school sinks in tenement
houses is held. in Tenement House De-
partment VS.. Moeschen IN. V 70 L. r. A.
T04, to be a proper exercise of the police
power.
statute requiring every member of a
firm engaged In the plumbing business to
be registered plumber whether his du-
ties require him to have a knowledge of
that trade or not. is held. I'm Schnaier VS..
l.
722 to be an unconstitutional interference
with liberty and property.
statute requiring vaccination as a
prerequisite to attendance at public
schools is held, in Niemeister vs. White
IN. " 70 I. r. A. 1856, to be a reasonable
and proper exercise of the police power,
statute making 1t a misdemeanor to
give Christian Science treatment for a fec
IS held, in State VS. Marble (Ohio) 20 L, r.
A. S35. not TO be an interference with the
rights OF conscience and of worship.
The right of court. in an action for
divorce, to punish contempt In refusing
no pay alinony by striking the defend
hnts answer from the record. or refusing
ITO permit him to plead further. in a case
where he has voluntarily absented him
self from the territory for the purpose of
avoiding contempt proceedings for failure
Ito pay such alimonv. Is sustained in Ben
nett VS. Bennett (Okla.) 70 L. r. A. SCI