By life tenant, see "Estates."
Ordinances of the city of New Orleans regu- lating fares, and providing that persons living above a certain avenue shall pay half the fare charged against persons living below the ave- See "Master and Servant." nue for traveling the same distance, is not an unreasonable discrimination. (La.) 214.
HUSBAND AND WIFE.
See, also, "Divorce;" "Homestead."
A wife living with her husband on premises owned by her is not liable for injuries from the bite of a dog kept on such premises. (Ala.) 667. Where a lease was signed by the lessee, and the lessor's husband, and rental notes were made payable to the husband, it was not nec- essary that the wife should sign the lease to make the notes binding on the lessee. (Ala.) 281.
Notes given by the husband to the wife for her paraphernal funds are admissible to prove the debt to the wife. (La.) 191.
A husband who aids his wife in committing a tort in an illegal sequestration in proceedings instituted to recover her paraphernal claim is bound in solido for the damage. (La.) 122.
The wife can only be called to contribute one-half of the income of her paraphernal ef- fects of which she retains the administration. (La.) 191.
Coverture is no defense to the foreclosure of a purchase-money mortgage, executed by a married woman. (Ala.) 739.
A deed of a married woman, otherwise in compliance with law, is valid between the par- ties, though not recorded. (Fla.) 154.
A married woman, without the intervention of an active trustee, cannot release or dispose of her separate equitable estate without the as- sent of her husband. (Ala.) 879.
Where a married woman and one H. each own half of a lot, and H. mortgages his half to defendant's husband, to pay for a house built on the lot, in which mortgage the wife joined, and the husband borrowed money from plaintiff on the mortgage, the debt was the husband's, and could not bind the land of the wife. (Ala.) 278.
A married woman can, with her husband, convey her property to secure his debt. (Fla.)
An indorsement on a mortgage securing a note payable to a married woman, signed by both husband and wife, conveys a valid title. (Fla.) 154.
Prosecution for abandonment by hus- band.
On a prosecution of one for abandoning his wife, misconduct of his wife after the abandon-
ment is no defense. (Ala.) 867.
It is proper to refuse defendant's offer of transcript of previous divorce suit in which he obtained divorce, when he does not state the ground of suit, or when the ground arose. (Ala.) 867.
Impeachment.
Of witness, see "Witness."
INDICTMENT AND INFORMA- TION.
For particular crimes, see "Burglary;" "Hom- icide;" "Larceny."
An indictment against one T., "whose Chris- tian name is otherwise unknown," is good. (Ala.) 875.
One charged with "shooting into a dwelling house" cannot be convicted on evidence that he shot in the house at a person therein. (La.) 883.
May contain two substantive charges, where one offense includes the other, and the former could not be charged without charging the lat- ter. (La.) 213.
Where an information enlarges on a charge under the statute, so as to include within one count a technical charge for another offense under another statute, it is bad for duplicity. (La.) 213.
Under an indictment containing a count for assault with intent to rob, and one for assault with intent to murder, evidence in support of both counts is admissible. (Ala.) 472.
Under information drawn under Rev. St. § 790, for striking a person with a dangerous weapon while lying in wait with intent to kill, containing accusation, under Act No. 24 of 1892, section 794, Rev. St., as amended by Act No. 43 of 1890, and Act No. 44 of 1890, dealing with the same subject, defendant was entitled to a charge that in a prosecution under section 790 the jury might find a verdict under Act No. 44 of 1890. (La.) 250.
'Where an indictment charges distinct crimes, and no attempt is made to convict of discon- nected offenses, the state will not be compelled to elect. (Ala.) 541.
in prosecution for unlawful sale of liquor. Right to compel election between two counts (Ala.) 875.
Conviction of lesser offense.
One charged with burglary armed with a dan- gerous weapon may be found guilty of burglary without such weapon. (La.) 136.
Under an indictment for murder, it is not al- lowable to convict of the offense of intention- ally pointing a pistol, and accidentally killing deceased. (Miss.) 537.
See, also, "Guardian and Ward.”
It is not necessary that the infant know his right to repudiate a contract after attaining majority, to constitute a ratification. (Ala.) 399.
A mortgage given by an infant is ratified by her paying interest after attaining majority. (Ala.) 399.
Sale of land by father, without order of court, will not be sustained, where order would not have been granted, and the proceeds are not well expended for infant's benefit. (Ala.) 475.
The presumption of incapacity to commit On breach of bond conditioned to pay all dam- crime between the ages of 7 and 14 years may ages any person may sustain, one damaged be rebutted. (La.) 134. may sue. (Ala.) 625.
Expert testimony is admissible to show the capacity of an infant to commit crime. (La.) 134.
Information.
See "Indictment and Information."
Inheritance.
See "Descent and Distribution."
Appeal from order in vacation, dissolving, see "Appeal."
Right of lessee to enjoin nuisance, see "Nui-
A bill to enjoin actions for rent and eject ment, though alleging claim of forfeiture by de- fendant, will not lie where it appears that the rent was paid, and that any default was waived. (Ala.) 565.
A bill showing two actions pending, as to which there are good defenses, and stating that other suits are threatened, cannot be main- tained on the ground of multiplicity of suits. (Ala.) 565.
Will not lie by one out of possession to re- strain trespass on land of which defendant has possession under claim of ownership. (Ala.)
An allegation that injury to trees will ren- der them valueless, and destroy value of land, does not show that the injury cannot be com- pensated in damages. (Fla.) 4.
Will not be granted because defendant is guilty of repeated trespasses, where the legal remedy is adequate. (Fla.) 4.
Will not be granted to restrain trespass un- less complainant's title is admitted, and tres- pass will cause irreparable damages. (Fla.) 4. An action in ejectment against a railroad will be enjoined when the landowner has ac- quiesced in its occupation by the improve- ments of the railroad. (Ala.) 747.
The court may refuse to dissolve an injunc- tion, on the filing of answers denying the com- plaint, if greater injury may be caused to com- plainant by its dissolution than to defendant by its continuance. (Ala.) 776.
Temporary injunction should be dissolved when the allegations of the bill are positively denied by sworn answer. (Ala.) 487.
Will not be dissolved if on defendant's show- ing it will not harm him, and on plaintiff's showing a dissolution will irreparably harm him. (Ala.) 552.
Which does not close up defendant's business, but merely restrains him from carrying it on so as to be a nuisance to plaintiff, should not be set aside on bond. (La.) 423.
See, also, "Assignment for Benefit of Credit-
Right of creditor to compel insolvent to make a surrender under the law. (La.) 57.
A claim for rent is to be preferred to one for movables. (La.) 910
Right of syndic to appeal from decision re- ducing the amount of claims as carried on the tableau of distribution. (La.) 882.
Company cannot subscribe for stock in a projected corporation. (Ala.) 490.
A life policy is assignable. (La.) 912. Consideration of evidence whether the insurer was a corporation foreign to Alabama. (Ala.) 581. Insurable interest.
whose estate is insufficient to pay debts, has an A contract creditor of a deceased debtor. insurable interest in the property of the intes- tate. (Ala.) 323.
that the land belonged to the estate of a de- A pleading in action on policy which shows ceased person, and that the insured is a creditor of deceased, shows an insurable interest in such creditor. (Ala.) 323. Conditions of policy.
In an open policy on cotton in bales, it is not an unreasonable condition that the insurer shall only be liable for such proportion of the whole loss as the insurance bears to the cash value
of the whole property insured at the time of loss. (Ala.) 374.
Under a policy providing that, if a building fall, insurance shall cease, it cannot be recov ered where fire breaks out as the result of a fall of a building. (Miss.) 263.
A company cannot avoid liability on the ground of misstatements in application, where applicant truly answered the questions, but the agent knowingly wrote them down differently. (Ala.) 323.
Where, in suit on policy, defendant exhibits the policy, plaintiff cannot reply that the policy set forth does not express the contract. (Ala.) 374.
Where assured alleges an account stated, an answer averring that, if any agent of the insur- er made a settlement, it was under a mistake of law, is good. (Ala.) 374.
Liability of agent of foreign company.
Code 1886, § 1206, making agent personally liable on risks in unlicensed foreign companies, is constitutional as applying to foreign corpora- tions. (Ala.) 581.
Persons may be agents of a foreign insurance company so as to make them liable, if it does business without a license, though they do not even know of its existence. (Ala.) 581.
Conditions requiring proof of loss within 60 days, and suit after 90 days, do not apply to suit to enforce liability of agent of unlicensed foreign companies. (Ala.) 581.
On judgment, see "Appeal."
INTERPLEADER.
The holder of a judicial mortgage has no right to interplead, in foreclosure proceedings by a first mortgagor, to compel the appearance of special mortgagees to try the validity of their demands. (La.) 348.
Intervention.
In attachment, see "Attachment."
INTOXICATING LIQUORS.
"Intoxicating drinks" are not necessarily either "intoxicating bitters," or "spirituous, vinous, or malt liquors." (Ala.) 869.
Mandamus will not lie to a tax collector of a city to compel the issue of a liquor license, though relator had obtained a license from the state and county, it not being his duty under the statute so to do. (Fla.) 834.
Action for selling liquor to plaintiff's husband when drunk; propriety of instruction as to de- fendant's knowledge of husband's state. (Miss.) 461.
An action to recover an unpaid liquor license is not maintainable by the state revenue agent. (Miss.) 21.
It is immaterial that the report of the com- missioners of a local-option election to the board of supervisors was spread on the records at a special meeting. (Miss.) 452.
It is not necessary that the commissioners of a local-option election shall certify that they have canvassed returns, and that the result reported was derived from such canvass, nor that the election was held at the place fixed by law. (Miss.) 452.
In considering a petition for a local option election, the registration book is not evidence of who are qualified electors. (Miss.) 81.
Any qualified director and taxpayer of the county may appeal from a decision of the board of supervisors ordering a local option election. (Miss.) 81.
Prosecution for unlawful sale.
An indictment for selling to a minor is good. though it avers that it was sold without the prescription of a "licensed physician," though the statute uses the word "physician" only. (Ala.) 762.
Sufficiency of indictment charging that de- fendant did sell, give away, or otherwise dis- pose of certain liquors in Shelby county. (Ala.) 869.
Sufficiency of evidence to show the "selling, giving away, or otherwise disposing of" intoxi- cating liquors without a license. (Ala.) 554.
On trial for selling liquor to a person of known intemperate habits, such person may be asked if he has been arrested for drunkenness. (Ala.) 772.
To convict of a sale of liquor to a person of known intemperate habits, it is only necessary that defendant should know such fact. (Ala:) 772.
As defense to crime, see "Homicide."
Joint Tenancy.
See "Tenancy in Common."
Though the rulings of a judge are erroneous, he is not liable for resulting costs. (La.) 66.
Where, after sale, a sheriff is directed to re- tain the proceeds, subject to the order of the court, and the purchaser consents to pay such judgment as may be rendered for the proceeds, no citation against him is required. (La.) 68.
Where the same person is sued for the same cause of action at the same time by same plain- tiff in two courts, the first judgment is valid. (La.) 68.
A default cannot be entered after defendant has interposed a plea in bar. (Ala.) 630.
A debtor is without interest to alter a judg- ment canceling one of the mortgages contested by a third opponent, the mortgagee not having appeared. (La.) 68.
Reduction by consent-Effect as waiver of other defenses. (Ala.) 16.
A judgment homologating, as far as not op- posed, the accounts of a syndic, is not affected by a subsequent judgment, except so far as concerns the opponent. (La.) 910.
Court of plaintiff's domicile has jurisdiction to restrain levy on void judgment rendered in another parish. (La.) 427.
Where a final account of a natural tutrix is homologated by a judgment awarding a specific money judgment, it is res judicata between the parties. (La.) 221.
A judgment rendered on admission of a gar- nishee does not estop the plaintiff in garnish- ment from suing another party as debtor of the defendant in garnishment. (Ala.) 166.
Res judicata-Questions determined by for- mer judgment. (Ala.) 205.
An affirmance of a judgment, directing the proceeds of a sale under attachment to be paid to the attaching creditor, is a bar to a motion of subsequent attaching creditors to have pro- ceeds paid to them. (Miss.) 465.
A judgment in ejectment is no bar to an ac- tion by the defeated party to enforce a ven- dor's lien on the same land. (Ala.) 650.
The lien of a judgment in Alabama does not attach until a certificate of the judgment has been registered by the probate judge. (Ala.) 738.
Lien on products of debtor's mill is subse- quent to rights of another creditor, who fur- nished money to run the mill on promise that the profits should be applied to his debt. (Miss.) 442.
A judgment was properly vacated where no notice of attachment was ever served on de- none of his property was under attachment fendant, no appearance entered for him, and levy. (Ala.) 319.
Where, after judgment for defendant, plain- tiff, without notice to, him, has it set aside, and the case reinstated upon the docket, and obtains judgment against defendant, the second judgment will be set aside. (La.) 120.
A judgment creditor who appears and con- tests a motion to vacate cannot complain of any defect in the notice of the motion. (Ala.) 319.
A purchaser of a fee at a void sale, who pays more than half the price by a note against the life tenant, has not bought in good faith, with- in the limitation of the statute of one year against the remainder-men. (Miss.) 264.
The adjudication of property at a judicial sale is a complete title, which cannot be divest- ed after payment of price by purchaser. (La.) 299.
Where, in selecting a struck jury after two jurors have been struck by each party, the judge discharged two for incompetency, six ju- rors should be summoned to complete the panel. (Ala.) 111.
A jury commissioner is not disqualified by the failure of the clerk to record his oath. (La.)
The county court cannot summon and organize for a second jury. (Ala.) 762.
Sufficiency of evidence to establish relation. (Miss.) 193.
The relation may be shown by production of a note for the rent. (Ala.) 657.
Order of application to payment of rent, for which distress is levied, of lessees and subles- see's crops. (Miss.) 443.
In summary process to obtain possession, de- fendant must file special defense to obtain sus- pensive appeal. (La.) 232.
Propriety of instructions for defendant in re- plevin suit for goods attached by him as plain- tiff's landlord for rent and supplies. (Miss.) 691. Repairs.
his retention of upper story of building, of Duty to repair is not imposed on landlord by which he leases the lower. (Miss.) 440.
Covenant by lessee of lower floor to repair does not imply covenant by lessor to make gen-
A juror may be excused for sickness after he eral repairs. (Miss.) 440. has been selected and sworn. (Ala.) 865.
Competency of jurors.
A juror may be set aside at any time before introduction of evidence if found to be incom- petent. (La.) 607.
A juror is not impartial who has a fixed opin- ion, and will not state that he can try the case as though he had none. (Miss.) 267.
A registered voter who cannot read and write is not competent as a juror. (Miss.) 267.
A juror who had formed an opinion, but could render a verdict according to the evi- dence, was competent. (La.) 296.
A juror who states that under no circumstan- ces would he render a verdict of guilty on cir-" cumstantial evidence alone is properly reject- ed. (La.) 296.
One who states that he would qualify his verdict in all capital cases is incompetent to serve in a murder case. (La.) 143.
Where the venire is quashed, the court can order a special venire. (Miss.) 268.
A venire will not be quashed because two drawn as special jurors were not summoned. (Ala.) 865.
Motion to quash venire before cause is sub- mitted to jury, and before defendant is called on to announce ready for trial, is in proper time. (Ala.) 896.
Motion to quash venire on ground that order for summons recited that jurors should appear at next term, and that they appeared and were impaneled at term during which order was issued, is frivolous. (Ala.) 896.
JUSTICES OF THE PEACE. Have no jurisdiction to enforce a municipal ordinance by fine or imprisonment. (La.) 292. An attachment issued by a justice against a nonresident, and levied on property in another district, is returnable before the justice who issued it. (Miss) 24.
Complaint for conversion of cotton on which plaintiff had a lien for rent will sustain proof of relation of landlord and tenant, and of de- fendant's notice thereof. (Ala.) 657.
One buying crop of a tenant, with knowledge that he is such, must inquire as to the existence of a landlord's lien on the crop. (Ala.) 657.
Sufficiency of evidence to charge one purchas- ing crop from tenant of the relation of landlord and tenant. (Ala.) 657.
One who has deprived a landlord of lien by conversion of tenant's crop cannot_question landlord's title to the land. (Ala.) 657.
Where a tenant places property on leased premises, and it is attached for rent, the lien is superior to that of one to whom the tenant sold the property for a debt due at a time when the tenant had his rent paid in advance. (Ala.)
Priority of landlord's lien over innocent pur- chaser of crop. (Miss.) 25.
To constitute larceny from storehouse, build- ing must at the time be used as a storehouse. (Ala.) 627.
Act Feb. 12, 1887, § 3, imposing punishment for taking a dog registered under the act, is void for uncertainty. (Ala.) 629.
the animal, and with that understanding one A charge that if defendants agreed to steal of them killed it, that would be a conspiracy, was proper. (Ala.) 895.
An indictment for larceny of corn growing on the land properly laid the ownership in a mar- ried woman who held title in the land, and not in the husband who raised the crop. (Ala.) 627.
An indictment charging that accused took a crop of corn, the property of W., is sufficient. (Ala.) 538.
The ownership of stolen property is properly laid in the person in possession at the time of the theft. (Ala.) 860.
See, also, "Mechanics' Liens."
Of landlord, see "Landlord and Tenant."
Where a laborer on one place supervises, for a few days, laborers on another place, he does not acquire a laborer's lien on the crops in the latter place. (Miss.) 451.
LIMITATION OF ACTIONS.
See, also, "Adverse Possession."
An action for breach of a contract to deliver goods is not barred for six years. (Ala.) 56. Prescription runs from the date the injury was sustained. (La.) 122.
The right of a surety to seek contribution arises on making payment which discharges his sureties from action. (Miss.) 447.
Order by debtor to third person to deliver to creditor a county warranty is not an acknowl- edgment in writing of the indebtedness. (Miss.) 445.
The board of state engineers can close Bayou Pierre by a dam, part of the levee system of the state, the stream being not navigable and See "Intoxicating Liquors." wholly within the state. (La.) 244.
Act No. 74 of 1892, creating the Caddo levee district, does not impair the power of the gov- ernor, under Act No. 33 of 1879, to contract for See "Intoxicating Liquors." public levees in the district. (La.) 244.
The state having located the public levee, and awarded the contract, the fact that third persons have agreed with the contractor to ob- tain subscriptions in addition to the contract price does not impair its character as a public work. (La.) 244.
LIBEL AND SLANDER.
A statement that one is satisfied that another had hired witnesses to testify against him is slander. (Ala.) 561.
Liability for matter libelous in character charged in a petition in an action. (La.) 73. Words alleging that office of which plaintiff had charge showed heavy loss construed not to charge dishonesty. (Ala.) 788.
Where the evidence neither shows malice nor want of probable cause, no recovery can be had against defendant. (La.) 189.
When property is held under conservatory writs, no damages can be claimed for the de- tention of the property. (La.) 255.
Allegation that plaintiff is wanting in busi-peal ness capacity is libelous per se. (Ala.) 788.
A variance between an indictment charging defendant with accusing M. of perjury, by say ing that M. had hired witnesses to swear to lies, and proof that he was satisfied that M. had hired witness to swear lies against him, is immaterial. (Ala.) 561.
One engaged in baking bread is not a manu- facturer exempt from the payment of a license tax. (La.) 518.
A corporation that roasts coffee by a secret process is not a manufacturer exempt from the payment of a license. (La.) 502.
The statute providing that one who shall pay the amount of past-due privilege taxes for three years next preceding the act shall be re- lieved from penalties on contracts made by him does not apply to one in default for more than three years. (Miss.) 257.
from an order restraining a nuisance. To court-Compelling grant of suspensive ap- (La.) 352.
sive appeal from a judgment appointing a re- Will not lie to compel the grant of a suspen- ceiver. (La.) 615.
Will not lie at the instance of one who has ratified the appointment of a receiver to compel the grant of a suspensive appeal from the order of appointment. (La.) 902, 904, 905.
Will not lie to compel an inferior court to hear witnesses to confirm a default where, after application for confirmation, defendant filed an answer. (La.) 906.
Will not issue to compel the lower court to determine a demurrer taken to a bill for injunc tion during the pendency of an appeal from an order dissolving the temporary writ. (Ala.) 365.
Where a judgment against a city is restrict- ed in its terms to payment from the revenues of certain years, mandamus will not lie to com- pel payment from the revenue of some other year. (La.) 291.
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