Daily capital journal. (Salem, Oregon) 1903-1919, 1906-11-03
IMPORTANT
NEW BOOKS
PUBLISHED

AVA 50 10Dlts|
Correction Of Clerical Error.
What the court refers to as a
novel case OF mistaken identity was
developed in Idaho by the fact that
an action was commenced and prose-
cuted 10 Judgment against a domes-
tic corporation named the "Couer de
Alene Lumber Company, Limited"
while in the findings IL was recited
that the defendant was a Washing
ton corporation, and throughout the
findings and judgment the word
"limited" was omitted. There was,
intact, a Washington corporation OF
the name OF the "Couer de Alene
Lumber Company" and IL appealed
from the judgment which through
this mistake was entered against II.
Under these. circumstances it was
held that II was proper to remand
the case 10 the trial court with In
structions 20 correct and modify the
Judgment 80 that the decree might
run against the true defendant.
Note Given for Patent Right.
statute, which has several coun-
terparts in other states. has been de-
clared unconstitutional in Wisconsin
IN the case OF the J. A. Clark Co. VS..
Rice, 106 Northwestern Reporter,
231. The statute which declares
that all promlssory notes given for
any patent, patent right or interest
therein shall have written or printed
thereon in red ink the words "The
consideration for this note IL the sale
OF a patent, patent right or interest
therein" and further provides that
any person, who shall sell patent
or patent right without complying
with the statute. shall be liable to a
penalty and that all notes taken as
required by statute shall be nonne-
gotiable and subject to all the de-
fenses In the hands of an innocent
holder that would exist II they had
not been transferred. ~ declared to !
be void because In conflict with U. s. /
Const. Art. /. Sec. s. providing that
congress shall have the power TO |
secure to inventors for limited
time the exclusive right 20 their dis
eoveries. and with Rev. 81. u. s.
Sec. 1898. declaring that every pat
ent or interest therein shall be as
signable, etc.
Change Of Interest" of Insured
Garner w. Milwaukee Mechanics
Insurance company 50 Pacific Re
porter. III, lays down a doctrine as
90 which II may az least be said that
there are many opposing cases. IL is
here declared the word Interest"
In forfeiture clause of an insurance
policy. which provides that the policy
shall become void In any change
shall take place In the interest. title
or possession OF the subject OF insur-
ance, has application only where the
insured owns and insures an interest
less than title and has no application L
whore the insured owns the title;
consequently whore the insured
owned the title OF the subject of IN
suranoe and after the execution OF
the policy made an oXecutory con-
tract 10 convey the property. under
which the consideration was fully
paid out no transfer either OF title
or possession had been actually
made, there had been no change in
interest title or possession within
the meaning Of the forfeiture clause
quoted.
Libel by Unauthorized Publication.
A very remarkable determination
az TO what constitutes libelous
publication IN contained In Martin
W. Picayune, 40 southern Reporter.
s76. Plaintiff WAS a physician APP
parently OF high standing IN his pro-
fession and was a member OF a medi-
cal society. tho members OF which
we're opposed TO advertisine by ply
sioians and had passed resolutions
ienounoing that practice. Defend
ant newspaper learned Of remark
lbie cure effected by the profession
II skim OF plaintiff aud published q
'ather glowing account OF the case.
tAting that other physicians had
reated the patient without effect.
md containing various other landa. /.
ory remarks. Plaintiff alleged that
his publication which, though true =
las obtained from the father OF the y
atient. was not authorized by plain =
n had a tendency 20 lead the public u
nd his brother practitioners 90 be- 70
eve that he was advertising and "
hereby caused them TO class him "