The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-08

the committee IL of opinion, however.
that the attorney in n divorce case
should regard with dlsfavor any offer
by the adverse party To %stipulate to fur
niSh witnesses to the past offence
charged in consideration Of stipulations
as 10 alimony, release of dover. &c. A
majority Of the committee Is OF the
opinion that nevertheless. in the case
submitted, " the attorney for the wife
he satisfied Of her good faith IL would
NOT he improper for. the attorney to
bring the suit In the manner and pursu-
an TO the arrangement stated. provided
that the whole agreement be In writing
ana he expressly made subject TO the
approval OF the court. and n full dis
closure thereof and of all the facts re-
lating thereto II made TO the cour, at
the trial and the client be advised OF
the fact that the court may decline to
confirm it,"
Another nuzzlinc question of profess
sional ethics was presented by an at
tornev whose former client had been
committed to an asylum as insane but
VINO considered himself entirely com
p"tent and insisted that he was being
illegally restrained. He frequently asked
his attorney TO aid him In securing his
release. The attorney has no doubt, of
his insanity and knows Of no jus,iaable
ground TO aid him. The clients physi-
cian. however, notified the attorney that
II would improve the clients physic,l
and mental condition to believe the at
torney would aid him "and consequently
both physician n members Of the in
competen''s family have lmportuned the
lawyer TO deceive his client into the
raise hut to him reassuring belief that
ms Ia"Ncr IS endeovoring to secure his
release" The lawyer asked whether he
should refuse TO humor his client and
yield 10 the opportunities" The COM
m!''cc answered
However laudable tho phvslclan.s
proposal may appear from a medic,
ro'nt Of view. the lawyer In the case
suggested is. in the opinion of the com
mi';oe. not warranted In using the fac.
OF MS oiiicia! position to carry out the
deception"
The variance between an indictment.
that accused robbed prosecutor
OF one 10 cent piece and the proof Of
the robbery Of two o cent pieces is fatal.
-McCaskey VS.. State. Tex. ia s. w.
33S.
An owner Il q dairy business Is not
liable for a nuisance created by his
patrons unh!tching and feeding their
teams on n street In front Of resi-
dcnces-MtcheN VS.. Flynn Dairy Com
pluy, Iowa. I5l y. W. 43i.
\ demand made IN. an autopsy less
than three hours before the time set
for the funeral neld. under the cir
cumstlnces, not made at a reasonable
time or on a proper occas!on.-J. hn-
SON vs.. Bankers Mutual Casualty Com
pany, Minnesota, l5l y. W. 4is.
That sending a letter threatening a
trespasser with prosecution unless ne
rompcusates the sender for the injury
is not within the operation OF n
statute providing that every person who
sends a letter threatening to accuse a
person Of crime or to do an injury TO
him with "A view to extort none shall
be guilty Of an attempt to rob Is held
in the Mississippi case Of State vs.,
Kicks.
Whether Il was reasonable for a rail-
road passenger 10 expect a conductor TO
give him change for a 500 bill when
rendered in payment OF s20l fare was
the question before the Supreme Court
~ '''HS.'',IPi ~" ''in' " i'""'aN''ie anu
->"sHNl!'e ha''lo'u Nohip'ns' winch Ialu
the exact fare. but II he tenders
Il reasonable sum the carrier must ac-
rept IL and furnish change. what is "A
sum depending largely upon
whether the carer is a steam raiIr"ad
or difficulty in handling passengers In "A
particular locality.
Tho cour, said:
I'VE do no, undertake. TO Law down
any rule defining what ia and what is
no, reasonable tender In al, cases. This
is A mixed question OF fact and law 10
be determined in zach case. taking into
account aIways the size OF the CITY
or village where ths pa ssap. ls de- |
handed, the volume of business done
W w s"S' "u"'N'i, '"' !" 'H's par
.a, :" :. .T"a' .p". no'; US Il
vs. 49, ~ s'yT ~ ~
'n,, Thora 10 mo- nrns,n,n ~, ~ nu
rat,h ~ ,rne,l,n, l,nd srroi, ,o 80
r,li,r on nrrar, in ,imos 4, ,ht,e
Gentleman with , pockct rull n, t,S0
,iUs cauno, buy frs, lass nassaye m n
.hs p"'h an interstate n intrastate
'"Si"'sS "'tnou' paying q premium so
q No. 'sp'V'"'S wren ne mas transacted
W ""s'n'ns =" ""'u anu Is u's''hed Tor
~ 'o,'",tN' ""' 'o9ihoPo''an city OF
=, ~" o'''U' gu" o""uuc' on tAc part
, ~ ''.,M"' r".npany comes near
,,","a,nS -" t.,",.'u,.onai guaranty
,o,nrs s,''S '''~'h Oh 'he pursuit OF
''fF'"'
lnnull - ItlnGS hnlI tho, ---