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porter (1880), 137-146. Same article with additional Hearsay evidence; imposition, fraud or duress. matter. 1 Ind. Law Mag. (1883) 1-23.

John Anthon, 24 Am. Jurist (1840), 118-162. Voluntary payments. I. H. Lionberger, 18 Central Law in relation to threats. Notes of Cases, HorriLaw Journal (1884), 188-190.

gan and Thompson's Cases (1874), 612-615. Payment under protest; constructive duress. 172 Threats of the deceased as evidence in criminal Law Times, London (1881), 129.

cases. Joel P. Bishop, 4 Ceutral Law Journal (1877), Recovery of money paid under duress. Note of 435-439. cases, vol. 2, Smith's Leading Cases, 7th Am. ed. (1873), Evidence of previous threats in mitigation of the 415-416; id., 8th Eng. ed. (1879) 429, 431.

quantum of punishment. Note of Cases, Horrigan What coustitutes duress. Wm. L. Murfree, Jr., and Thompson's Cases (1874), 475. 12 Central Law Journal (1881), 121-122. John Profatt's Threats of the deceased when evidence in favor of Note of Cases, 4 Am. Dec. (1878) 172-173. M. D. the defendant. John Proffatt's Note of Cases, 1 Am. Ewell's Notes of cases, 18 Am. L. Reg. (N. 8.) (1879 Dec. (1878) 373. 747-751; 22 id. (1883) 190-191. N. C. Moak's Note of Nervous fears no excuse for homicide. Notes of Cases, 24 English Rep. (1880) 634-637.

Cases, Horrigan and Thompson's Cases (1874), 242, 309, Defense of duress. Vol. 6, Wait's Actions and De- 687. fenses (1879), 649-664. Note of Cases, Ewell's Lead. Fear of danger which will excuse homicide. A. C. Cas. (1876) 788, 794.

Freemau's Note of Cases, 26 Am. Dec. (1882) 279-280. Need and duress; gifts, etc. Note of Cases, Vol. 2) Fear from threats. Francis Wharton, 15 Central Part 2, Wbile and Tudor's Lead. Cas. 4th Am. ed.(1877, Law Journal (1882) 262-265. 1245-1250.

Scientific aspects of fear. A. Wilson, 159 Colburn's Fraud and duress; compromises. Note of Cases, New Mo. Mag., London (1876), 67-72. vol. 2, Part 3, White and Tudor's Lead. Cas., 4th Am. Communicated threats. Note of Cases, Horrigan and ed. (1877) 1731-1834.

Thompson's Cases (1876), 589-596. Duress on married woman avoids deed. J. H.

Uncommunicated threats. By S. G. Graham with Stewart's Note of Cases, 34 N. J. Eq. Rep. (1882) 13. Note by George L. Christian, 3 Va. Law Journal

Marriage void for duress, ratification, etc. J. H. (1879), 65-72; note by Joel P. Bishop, 4 Central Law Stewart's Notes of Cases, 37 N. J. Eq. Rep. (1884) 196. Journal (1877). 354.

When paymeut to carrier of extortionate prices is Confessions obtained by threats or undue influence. daress. A. C. Freeman's Note of Cases, 45 Am. Dec. A. C. Freeman's Notes of Cases, 20 Am. Dec. (1880) (1883) 169; N. C. Moak's Notes of Cases, 13 English 505-506. Rep. (1876) 52; 16 id. (1877) 215.

Respectfully yours, Duress per minas. W. H. Phillips, 14 Am. Law Reg.

W. H. W. (N. S.) (1875) 201-207; Note of Cases, Ewell's Lead. NEW YORK CITY, March 19, 1881, Cas. (1876) 771-773.

Duress by actual or threatened imprisonment. N. C.
Moak's Note of Cases, 12 English Rep. (1876) 741-743;

John Proffatt's Note of Cases, 4 Am.Dec. (1878) 172-173 ;
A. C. Freeman's Note of Cases, 45 Am. Dec. (1883) Editor of the Albany Law Journal:

In November, 1872, the General Term of this third Duress of imprisonment by abuse of legal process. department, Miller, Potter and Parker, justices, in Note of Cases, Ewell's Lead. Cas. (1876 766-767.

Harding v. People (not reported), but a case singuThreat of legal proceedings, civil or criminal. A. C. larly like People v. Woodward, 31 Hun, 57, said, Freeman's Note of Cases, 45 Am. Dec. (1883) 157-158; | Miller, P. J., writing the opinion: “After a careful N. C. Moak's Note of Cases, 16 English Rep. (1877) 215. examination I am satisfied that the tenor and weight

Duress by threat of imprisonment of third persons. of the authorities to which I have referred is, that 26 Albany Law Journal (1882), 424-426.

when the prisoner intends to deprive the owner of the Extorting money by process. J. H. Stewart's Note

property permanently a case of larceny is made out. of Cases, 32 N. J. Eq. Rep. (1880) 51-56.

The taking and killing of the horse in the present case, Menaces actionable when followed by damage. clearly shows such intent, and it follows, that no error Note of Cases, Bigelow's Lead. Cas. Torts (1875) 226- was committed by the judge in refusing to charge that 227.

the lucri causa was an essential element of the crime Duress of goods. Note of Cases, Ewell's Lead. Cas.

and must be proved, or stated in the various requests (1876) 775, 785-787; John Proffatt's Note of Cases, 1 Am.

made by the prisoner's counsel on this subject." Dec. (1878) 644-645;A. C. Freeman's Notes of Cases, 26

The judgment however was reversed and a new trial Am. Dec. (1881) 376-878; 45 id. (1883) 159-160.

ordered, upon the ground that under the third count Duress of real property. A. C. Freeman's Note of

of the indictment, "evidently framed to meet a case Cases, 46 Am. Dec. (1883) 160-161.

of cruelty to animals," no conviction for burglary or Res gestæ; declarations in criminal cases. J. G. larceny could be had. Thompson's Note of Cases, 10 Am. Rep. (1874) 28-29; Were this case reported, Justice Learned need not Stewart Rapalje's Note of Cases, 1 Criminal Law Mag. have searched in vain for a “decision on the point (1880) 69-71; Irving Browne's Notes of Cases, 34 Am.

in this State" fully sustaining his positiou in People v. Rep. (1881) 479-482; vol. 4, Central Law Journal (1877),

Woodward." 435-439; vol. 21, Albany Law Journal (1880), 489, 504;

HARRY HALE. vol. 22, Albany Law Journal (1880), 4-6; vol. 24, ELIZABETHTOWN, March 26, 1884. Jonrnal of Jurisprudence, Edinburgh (1880), 75-81, The Bedingfields case. Cockburn and Taylor's Letters (1879-80), reviewed by J. B. Thayer, 14 Am. Law Rev.

LAWYERS AS SPEAKERS. (1880) 817-838; 15 id. (1881) 1,71; reprinted in 15 Irish Law Times, Dublin (1881), 33 61, 102, 119, 140; criti

Editor of the Albany Law Journal : cisin of L. C. J. Cockburn's views, 68 Law Times, Lon- I think you are in error in the “impression that the don (1879), 58, 146.

office of speaker in our National House of RepresentaExpressions of mental and bodily feelings; declara- tives, has not been generally held by lawyers." Mr. tions to surgeons by the injured party. 22 Albany Carlisle is a lawyer, a member of the Lexington, Ky., Law Journal (1881), 364-365.

bar of good standing. And Mr. Keifer is also a law


yer, having had a large practice in the courts of this to the Almighty, or better calculated to assure Him & State. I think Mr. Blaine is also a lawyer.

firm seat on the throne of the universe, than tbe exTruly,

istence of a society of this description. But for sereral J. C. HARPER,

years past, nothing has been heard of this society, and CINCINNATI, March 31, 1884.

its annual proceedings and resolutions have ceased to [We think Mr. Blaine is not a lawyer.—ED. ALB. gladden the hearts of the few chosen ones, who bare LAW Jour.]

not "bowed the knee to Baal." Why is this thus? I

am sure I don't kuow, but since reading the recent ETERNAL VIGILANCE.

"legal tender” decision, I have a theory which I de

sire to submit to your candid judgment. I hold that Editor of the Albany Law Journal:

Judge Strong and a majority of the Supreme Court Can you or any of your readers give the name of the

have discovered that no amendment is necessary, inauthor of the expression: “Eternal Vigilance is the

asmuch as a recognition of the Deity is found in the price of Liberty”?

Constitution by “necessary implication." The rea.

SUBSCRIBER. SELMA, ALA., March 27, 1884.

soning, upon which this conclusion is founded, is remarkably clear and convincing. We learn, from the

legal tender decision, that all the “powers, universally LEGATEE FORFEITING LEGACY.

understood to belong to sovereignty," were couferred Editor of the Albany Law Journal :

by the Coustitution upon the goverument and execuA Reader," (whose letter is published on page tive of the United States, where such powers were not 260 of the current volume asks for cases expressly prohibited. But one of the universal attria question which he will find discussed and

butes of sovereigns in Europe, is that they govern by decided by Justice Van Vorst, in his opinion in Divine right. This idea is expressed in their formal the case of Jackson v. Westerfield, Sup. Ct., Spec. titles. The ancient title of the kings of Evgland was: Term, N. Y. Co., July 14, 1881, published in New York “Edward, Charles and James, by the Grace of God, Daily Register of August 6, 1881.

of England, Scotland, France and Ireland, Kiug." "It If he has not happened to see the case mentioned, appears to us to follow, as a logical and necessary conthis may be of service.

sequence;' that the constitutional title of our present Very respectfully,

executive is: “Chester, by the Grace of God, of TOWNSEND WANDELL. thirty-eight States, nine Territories, and Alaska, Presi. NEW YORK, April 1, 1884.

dent;" and that here is an acknowledgment of the

Deity, plainly implied in the Constitution. Again we BAPTISMAL NAMES.

learn, from the legal tender decision, that the power to Editor of the Albany Law Journal :

borrow money not only implies the power to emit bills If the author of "A Dictionary of Baptismal Names,

of credit, but to annex to those bills of credit any ad. etc.," noticed in your last number, is not more accu

vantage to the holder thereof, which in the judgment rate in his other definitions than in those which you

of Congress will render them a more desirable acqui. cite, the lack of an "alphabetical sub-arrangement"

sition. It follows therefore that the Constitution auis by no means the “gravest defect" of his perform

thorizes Congress to provide by statute that every ance. Arnold, e. g., which he defines "a maintainer

clergyman in the country, “without respect to race, of honor," denotes rather a combination of strength

color, or previous condition of servitude," shall each with amiabilty or affection; Aristides and Austin

Sunday, after putting up the usual petition to the were both, doubtless,“ lovers of justice," but one sig

Almighty, for “the heathen in distant lands, and the nifies the illustrious, while the other is simply a con

sister churches, and all them in authority," add a spe-. traction of Augustine, Augustinus, a diminutive of

cial prayer for the holders of the National bills of credit Augustus; Brian is the Celtic for strong, without spe

Such a prayer, among pious people like ours, would cial reference to the voice; Hector means holding fast,

certainly dispose them to acquire all the National curor perhaps holding off, restraining from attack; Hor

rency they could honestly obtain-if not more-and tensius was unquestionably a great “orator," but 'his

" we are irresistibly impelled to the conclusion that it name signifies gardener; Ibzan is Semitic for tin;

is an appropriate means conducive and plainly adapted Lycurgus was probably a wolf-slayer; Marcus is a

to the execution of the undoubted powers of Conhammer, like its diminutive Marcellus or Martellus,

It will be seen therefore that the ConstituFrench Martel ; Othniel was “a judge,” in the sense of

tion not only recognizes an overruling Providence, a chief magistrate of Israel, but his name means "the

but prays for its aid in borrowing money, and that hour of God;" Solon is the man of quoits, the quoit

an acknowledgment of God, as the ruler of the unipitcher, discobulus; Sergius was “the silken," and was

verse, is clearly implied in the clauses conferring perhaps distinguished, like our Court of Appeals, by

upon Congress the power to borrow money, and prohis robe; Torquil, one would say, must mean "the

vide a National currency. Q. E. D.

I have no doubt that your readers will pertwister;" and William is the German Wilhelm, “hel met of resolution.” I congratulate the author on the

ceive that the reasoning of this article, and that of Judge Gray in the

of Julliard happy hit he has made in Harold; his other definitions are all astray.

Greenman, are almost identical, but it does not A. V.S.

follow that I have copied from Judge Gray, or NEW YORK, April 1, 1881.

Judge Gray from me. The tendency of great minds

to come to like conclusions upon the same state of NECESSARY IMPLICATION IN THE CONSTITUTION.

facts is sufficient to account for the resemblance. But

I flatter myself that I have settled-in accordance with Editor of the Albany Law Journal :

the latest decisions-a vexed question, one that since Some years ago, there was a society formed for the the adoption of the Constitution has proved a stumpurpose of advocating an amendment of the Constitu- bling block to many, and there is no use iu denying tion of the United States, so that it should contain an that I am experiencing at this moment “ that general express recognition of God as the Supreme Ruler of warmth adown the small of the back, which one feels the Universe. If I am not misinformed, Judge Strong, when he has said a good thing." of the Supreme Court of the United States, was its

Yours, exultantly, president. Of course nothing could be more flattering,




The Albany Law Journal.


his long communication, but assuming that he is in earnest, we must say that this is not the way to

make or to test laws. Comparatively few answers ALBANY, APRIL 19, 1884.

would be elicited, and these being, necessarily, from opponents or favorers, would be more or less un

candid. Lawyers are not the law-making power, CURRENT TOPICS.

and never ought to be. If the adoption of the code

of 1848 had been made dependent on the opinion FR. DAVID DUDLEY FIELD, in a recent ad- of the legal profession it would have been buried of New York, gave some interesting statistics of the the lawyers are in favor of the code, still we should present sources of the common law. He says there oppose this suggestion. We would have no such are 35,250 volumes in our State library, of which "local option." The Legislature should make laws only 125 are our statutes, and 7,000 are of decisions upon its own responsibility, and not prejudice them of the courts. He continues: “Eleven years ago the at the outset by the certificate of the body of men Congressional Law Library held 26,000 volumes, it whose siness it is simply to administer them. now holds more than 60,000. In the State of New Again, very little weight could be attached to such York there are published, on an average yearly, a test, extending over a few months and not in four volumes of the Decisions of the Court of Ap-court. Judges always have different views of the peals, three of the Supreme Court, one of the New law from those of one counsel in every case. How York Superior Court and one of the New York can the Legislature assume that the lawyer's certifiCommon Pleas, one of Surrogate's Cases, two of cate would be right in any given instance ? “The Abbott's New Cases, two of Howard's Practice wish is father to the thought," and this idea is true Cases, two of Civil Procedure Cases, two of the in every advocate's construction of precedents. Weekly Digest, one of New York Criminal Cases, Laws are not enacted wholly for the convenience or and one of the new City Court Cases — twenty in enlightenment of lawyers, but they are designed as all. The number of decisions reported in each vol-rules of decision to control the courts. Even our ume varies of course, but they will certainly amount, correspondent would scarcely approve the making one with another, to not less than 150 in a volume, of the adoption of the code depend on the ex parte so that we have in this State alone 3,000 reported opinion of the judges themselves, and yet it would decisions every year. Taking the whole country seem a more sensible scheme than the one he prothere are, it is estimated, 100 volumes of reports poses. Again, our correspondent misses the real yearly, and if each volume contains as many cases theory of statutes; they are not simply to enlighten as the last volume of Massachusetts Reports – 160

the lawyers, but they are to instruct the community. there are published in each year 16,000 deci- The radical difficulty with our common unwritten sions.

The last volume of Supreme Court law is that it can be found out, if at all, only by Reports (30th Hun) contains 169 cases reported in lawyers. We would have laws written so that the full or in part, of which 75 are reversals, and there community may read and understand them, and we is also a list of 464 other cases not reported, of would not determine the question whether they are which 127 are reversals. This volume shows the

or are not so written depend on the ex parte and work of five months — May, June, August, Septem- prejudiced opinion of men seeking to read them in ber and October, 1883. The last volume of the

a way to suit their own interests. The Alta CaliCourt of Appeals Reports contains 155 cases, of fornia very wisely says: “But lawyers are not the which 32 are reversals, and the period covered is only class, or the most numerous, to be consulted the months of June, October and November, 1883." about such a matter as codification. Independent Exclusive of this wilderness of reports the great of the courts and the lawyers there is a benefit conmass of our law libraries is made up of text-books, ferred by codes which is of no mean importance. which are efforts at statements of the common law. This is the accessibility and comprehensibility of And yet there are lawyers who tell us that no effort the law to the people. The law should be in such should be made to express the principles supposed a shape that the mass of the people can know someto be somewhere laid down in this maze of books thing about it. There will be just as much need in one statute book !

for the professional lawyer when the law is codified

as there was before, but it is nevertheless a great A correspondent sends us a singular suggestion convenience and satisfaction to the property-owner about the code. He proposes that it should not be and the workingman to be able to learn for himself adopted until a majority of the lawyers should ex- something about his rights as established by the press themselves in favor of it. To this end, he laws nnder which he lives. It is a necessary part would have the Legislature ask all the lawyers of of the political education of the people.” the State to certify how many times they have consulted the proposed code, and how many times they

A bill has been introduced in our Legislature prohave found it to answer their purpose, or the con- viding that adultery with a married woman shall be trary, and to make their action upon the code de- punished by imprisonment. As we understand it, pend upon these answers. We have not space for the bill provides that the woman shall be punished

VOL. 29 - No. 16.


with less imprisonment than the man. It is right the Supreme Court, there shall be transferred to the that adultery should be recognized as a crime in new Courts of Appeals all cases which would have the eyes of the law. It has been practically so rec- gone to the latter, had the present bill been law ognized for many years by the repeated refusals of when these cases were taken up (§ 12). 6. That juries to convict the slayer of his wife's seducer. the Circuit Court in banc for every species of review We have always advocated punishing adultery as a shall consist of four judges, viz. : The circuit juscrime, and then punishing the man who takes the tice, the circuit judges, and two district judges, law in his own hands. It is high time to get some with substitutes from neighboring circuit or district of this wild-beast notion of justice out of the minds judges, and that an additional circuit judge shall of men. But why should the woman be any less be appointed for every circuit ($$ 14, 15). 7. That, punished than the man? She is generally even the except on motions for new trials, etc., the judge worse sinner of the two, and should be given to un- whose ruling is the subject of review shall not sit derstand that she runs an equal risk.

($ 16). We understand that the Supreme Court jus

tices strongly favor the Davis bill. The great libel suit of Belt v. Lawes has come to an ignoble end - both parties have financially col

NOTES OF CASES. lapsed, ruined, we suppose, by the expenses of the suit. So we shall have no appeal to the House of Lords, and the case goes out of court as did that of

N State v. Carman, Iowa Supreme Court, March Jardyce v. Jardyce, for want of oil to trim the legal 20, 1884, 18 N. W. Rep. 691, it was held that lamps.

a defendant in felony cannot waive a jury trial.

The court thought the statute imperative, but said The lord chief justice of England and Justice further: “ The question presented is not as to the Stephen have recently decided that a rule of a waiver of a mere statutory privilege, but an imperboard of health, that no pig shall be kept within ative provision, based, as we view it, upon the fifty feet of a dwelling-house, is unauthorized by soundest conception of public policy. Life and a statute enabling them to make by-laws to prevent liberty are too sacred to be placed at the disposal the keeping of animals on premises so as to be in- of any one man, and always will be, so long as man jurious to health. Down-trodden Ireland should is fallible. The innocent person, unduly influenced now give the chief justice a long mark to his credit. by his consciousness of innocence, and placing un

due confidence in his evidence, would, when A correspondent points out to us that under the

charged with crime, be the one most easily induced laws of Pennsylvania the admission of lawyers to

to waive his safeguards. There is no resemblance practice is in the discretion of the courts, the judges

between such a case and that of a person pleading being authorized “to admit a competent number of

guilty. In the latter case there is no trial, but persons.” He also argues — not to our satisfaction

mere judgment upon the plea. If the language of that the Constitution prohibits women from be

the statute were less imperative than it is, the ading lawyers. But grant all this, and our criticism

judications would support us in reaching the same is not touched. The judges may be right, but they

conclusion. Hill v. People, 16 Mich. 351; State v. have given wrong reasons for their decisions.

Maine, 27 Conn. 281; Bond v. State, 17 Ark. 290;
Wilson v. State, 16 id. 601; League v. State, 36 Md.

259; Williams v. State, 12 Ohio St. 622; People v. We do not hear much of late about the relief of

Smith, 9 Mich. 193; United States v. Taylor, 11 the United States Supreme Court. The Davis bill

Fed. Rep. 470.” Seever, J., dissented. seems to sleep. But our attention has been called to the Dorsheimer-Mitchell bill, which provides Women are getting their rights in the far west. substantially as follows: 1. That where the sole In Kelly v. Kelly, Nevada Supreme Court, July 11, ground of jurisdiction of the United States Court is 1883, it was held that a husband was entitled to a the fact that the suit is between citizens of different divorce on the ground of cruelty where the wife States, the appeal shall lie to a new court, called the circulated false reports of his infidelity. The court United States Court of Appeals, to be composed of said: “We scarcely need the aid of judicial auseven judges ($ 1). 2. That this court shall sit at thority for the enforcement of the truth that there New York, New Orleans, Chicago, and San Fran- may be cruelty without personal violence, and that cisco, and shall assign, by districts, for hearing at such cruelty, working upon the mind, may affect each of these places the appeals from the various the health. Wretchedness of mind can hardly fail circuits (§ 6). 3. That in cases where the amount to have this result. In causes of divorce, upon the involved exceeds $20,000, there shall be an appeal ground of cruelty, wives appear as complainants from the Court of Appeals to the Supreme Court more frequently than husbands. This arises from ($ 7). _4. That all appeals from the Supreme Court the fact that the husband is generally physically of a Territory, not involving a Federal question, stronger than the wife, and less susceptible to the shall go to the Court of Appeals (8 8). 5. That of effect of ill-treatment than she. He too, may, in cases involving $20,000 or less, now on docket of fact, frequently restrain the wife's violence by the



exercise of marital power in the domestic forum Lawyers must be careful how they sauce' without the aid of the courts. But the law does judges in the streets. In People v. Green, Colorado not encourage him to measure strength with her. Supreme Court, Feb. 29, 1884, 17 Rep. 456, an at*The fact that the husband can defend himself is torney used abusive and threatening language to a the very grievance. It is because he may be judge while the latter was driving in the street tempted, in defending himself, to retaliate upon his (with his young daughter, too), concerning the wife, that the court is bound to interfere, and to de- judge's action in a cause pending before him, and cree a judicial separation when such acts are this was held “misconduct in office,” justifying proved. When a man marries an ill-tempered disbarment. The court said: “The respondent's woman, he must put up with her ill-humor, but the objection to the jurisdiction of this court in this moment she lifts her hand against him the court case is, in our judgment, not well taken. It is not must interfere, for if it does not how can it answer necessary that the indignity or insult to a judge the husband if he should subsequently allege that should occur in open court, nor that it constitute he had been forced to use violence in self-defense?' a statutory contempt of court, in order to conForth v. Forth, 36 L. J. 122. The statute contem- fer on this court jurisdiction to disbar thereplates cases in which the husband may be the com- for. Bearing upon this proposition, the views plaining party, and in such cases expressly affords of Mr. Justice Field are in point: "The obligation him the same relief which it extends to a complain- which attorneys impliedly assume, if they do not, ing wife. Although he is generally physically by express declaration, take upon themselves when stronger than she, he may be the weaker party. they are admitted to the bar, is not. merely to be And cases may arise in which the wife may cause obedient to the Constitution and laws, but to mainthe husband to suffer as seriously, mentally and tain, at all times, the respect due courts of justice physically, as she would were he to be the aggres- and judicial officers. This obligation is not dissor. To reverse the judgment would be to say, as charged by merely observing the rules of courteous matter of law, that no such cases could exist." See demeanor in open court, but it includes abstaining Carpenter v. Carpenter, 30 Kans. 712; ante, 143. out of court from all insulting language and offen

sive conduct toward the judges personally for their judicial acts.

Whatever may be thought In Banks v. Highland Street Railway Co., Massa- | in such a case of the power to punish for contempt, chusetts Supreme Court, Feb. 28, 1884, 17 Rep. 434,

there can be no doubt of the existence of a power the plaintiff, while engaged in running a telegraph to strike the offending attorney from the roll.' wire across a street where the telegraph company Bradley v. Fisher, 13 Wall

. 335. Chief Justice had no right to put wires, was thrown from a pole Sharswood of Pennsylvania is equally positive upon by a passing street car, and injured. Held, that he the point. Says he: “No question can be made of had no cause of action against the railroad com

the power of a court to strike a member of the pany. The court said: “The wire, at least while bar from the roll for official misconduct in or out looped across the street so that it might be hit by

of court.' Ex parte Steinman, 95 Penn. St. 220. passing carriages, was a nuisance which any person

To the same effect are the views of Chief Justice lawfully travelling on the way, and incommoded English: “The power of the court to punish for by it, might remove. Arundel v. McCulloch, 10 contempt by fine and imprisonment is one thing, Mass. 70; Wales v. Stetson, id. 143. The plaintiff and its power to strike an attorney from the roll is was carrying the wire looped across the street at

another and distinct thing, although the miscontached to his person, and with his back to the street,

duct for which an attorney may be disbarred may, so that if the wire was struck he would be pulled in some instances, involve a contempt of court. from the pole he was climbing. He was not only Beene v. State, 22 Ark. 151. The status of the case doing an unlawful act, but doing it in a manner

then is, that the respondent has been guilty of conpeculiarly dangerous to himself. What the plaint- duct toward the relator, on account of the latter's iff was doing was not merely a condition, it was a judicial action in a cause pending in the District directly contributory cause of his injury. The car Court, which warrants bis disbarment, and he has was lawfully passing upon the street, and could produced no testimony which either justifies or not continue its course without striking the wire.

mitigates his offense." The driver of the car when he saw the wire had no right to drive on without care or concern for the consequences, but the defendant was not liable to COMMON WORDS AND PHRASES. the plaintiff for mere error of judgment on the part of the driver of the car. The jury should have ANUAL LABOR.- An omnibus driver is not a been instructed not only that the plaintiff was manual laborer, within a statute specifying "a doing an illegal act, but that his illegal act con- laborer, servant in husbandry, journeyman, artificer, tributed to his injury, and that he was not entitled handicraftsman, miner, or otherwise engaged in to recover, unless he satisfied them that the driver manual labor.” Morgan v. London Gen. Omnibus of the car recklessly and wantonly drove against the Co., 12 Q. B. Div. 291. Day, J., said: “The ex. wire."

pression workman' does not include a domestic or

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