Polk County news-gazette. (Benton, Tenn.) 190?-191?, 1913-06-26
Prosecutors Contract Declared
Against Public Policy.
Woman Was Enjoined-Verdict OF
Lone Star state Judge Who Trav-
eIed on a Railroad Pass Salts
fled His Conscience.

Chicago-In q case before the SUI
preme court of Michigan involving
the division of the profits of law
partnership, it appeared that the plain
tiff was an attorney with an estab-
lished practice while the defendant
was a young lawyer with no expert
ence Under an agreement by the
partners, when the plaintiff was pros
ecuting attorney he promised not TO
run for Office again, but to assist the
defendant to be elected. After de-
soendant was elected it was agreed
ke!-tt the salary of the defendant as
attorney should be di-
noted between the lawyers. The court
Fhed, that such a partnership contract
'Rersen IN rnhlic tpolicy, because 1t
redk's bulwarks. Near sent of the earn
i ofYEoach of pilgrims flc office. and
gard to acce iBjFtR q compact
andrew Carnegie to gay application in
protest was. R,.'-encfsh Brooklyn by
of thsao u an 'ffljunctoin against another
+ offnan to restrain her from alienat-
g,s9g the affections of the plaintiffs hus-
..Dand a decision of the Texas court
of appeals was cited. This case arose
out of writ of habeas corpus sued
out by man sent to jail for con-
tempt of court for violating an injunc-
tion prohibiting him from associating
with the plaintiffs wife. The court
upheld the injunction and laid: The
suit was brought for damages on an al
legged partial alienation of the affec-
lions of the plaintiffs wife, and 1T
was averred that on account of the
past conduct of the defendant IN that
suit plaintiff was apprehensive and
had just grounds to fear that by the
continuance thereof the wife's affec-
tons yrould be entirely alienated.
There would consequently be a breach
and destruction of the matrimonial
contract existing between the parties
by which plaintiff would entirely lose
the affections and services of his
said wife. These. it must be conceded,
were of peculiar value to the plain
tiff; and it would seem that he would
have a right to invoke the restraining
power of court of equity to prevent
the utter humiliation of his wife's
affections and the utter destruction of
the marital agreement" The court
held that the II junction did not vio-
late unlawfully the defendants right
as a citizen or unlawfully interfere
with his freedom of speech.
A judgment rendered by a Texas
justice of the peace, as reported by
Law Notes, is in part as follows: IN
the first place am going to rule right
as see it regardless of the fact that
the plaintiff Johnson is friend of
mine, and the railroad company has
in the past issued me a pass and that
hope to again ride on their road
| free. There are two things evident
! from the evidence. There is lie out
! somewhere, and a number of turkeys
were killed on the G. II. & S. A. Rail-
road company's right Of way. The
quail seen by the witnesses Ayers
and Scott must have been large ones,
or the chicken hens seen by the wit
ness Johnson must have been small
ones. But, be that as 1t may, the num-
| Der of turkeys killed were about so,
and they we're not fully grown. Again,
both parties we're negligent-that Is
fact The company for allowing grass
to grow on its right of way and the
plaintiff for allowing his turkeys to
run upon the railway property. al
though there is no law against tur-
keys running loose. Now, If both
the company and Mr.. Johnson were at
fault / do not see how either could
object to paying for his mistake.
Therefore, the railroad will pay Mr..
Johnson for killing his turkeys the
sum Of s15, and Mr. Johnson will pay
the costs OF the suit. In rendering
this Judgment have no apologies to
make and my conscience is clear, as
believe have done right. IL ] have
made a mistake | have done so UNI
consciously, but after weighing all the
evidence feel that am for once
eight. Do you? ]. Littleton rally J.
p Pre-. No. /. Goliad county, Texas