Gambar halaman
PDF
ePub

ought not to be finally acted upon until the hearing of the cause on its merits.

In reference to the objection to the jurisdiction of the circuit court of Mason County as set forth in the defendants' first special plea and answers to the bill, herein before referred to, we think the proofs do not sustain the allegations therein made. The bill avers, and the proofs show, that a part of the ties in controversy in this cause were at Point Pleasant, in said county, at the time this suit was commenced, and that the rights and acts of the parties in respect to said ties is a part of the controversy in this suit, and that being so, the circuit court of said county had jurisdiction, provided the process was served, as it was in this cause, on some of the defendants in said county. For the foregoing reasons, I am of opinion that the order of the circuit court refusing to dissolve the injunction should be affirmed.

FOREIGN CORPORATIONS-POWER TO CONTRACT. A foreign corporation may purchase machinery in one state to be transported and set up in another, though it has not complied with a statute requiring it to file certain papers with the secretary of state: Colorado Iron Works v. Sierra etc. Mining Co., 15 Col. 499; 22 Am. St. Rep. 433, and note. A foreign corpora. tion may sue on a contract though it has not complied with the statutory requirement as to the filing of its certificate: Powder River etc. Co. v. Com missioners, 9 Mont. 145; Christian v. American etc. Co., 89 Ala. 198; notwithstanding the fact that the Alabama constitution prohibits a foreign corporation which has not complied with its provisions from doing a single act of business: Farrior v. New England etc. Co., 88 Ala. 275.

Statutes, ConSTRUCTION OF. —Penal statutes must be strictly construed: Bondheim v. Gilbert, 117 Ind. 71; 10 Am. St. Rep. 23, and note.

INDEX TO THE NOTES.

ATTACHMENT, replevin, action of, against officer levying on the property of
a stranger to the writ, 257.

BAIL, inability to surrender principal because of his imprisonment in an
other state, 527.

CARRIERS, bill of lading, failure of shipper to read stipulations in, 664.
charges of, power of the state to fix maximum, 888.

discrimination by, 520.

tickets, stipulations in, when do not bind passengers, 664.
CITIZENS, corporations, to what extent protected as, 873.

of the state, privileges and immunities of, are not increased by fourteenth
amendment, 872.

of the United States, privileges and immunities of, whether enlarged or
protected by fourteenth amendment, 872.

suffrage, right of, denial of, on what ground may be based, 872.

suffrage, right of, is not conferred by the fourteenth amendment, 872.
CONFLICT OF LAWS, contract valid by laws of state where made, when en-
forceable elsewhere, 664.

CONSTITUTIONAL LAW, delegation of legislative authority, what forbidden,
605.

extrinsic evidence not admissible to prove that statute is unconstitu-
tional, 884.

fourteenth amendment, amusement, places of, are not forbidden from
excluding colored persons, 876.

fourteenth amendment and kindred provisions, 870.

fourteenth amendment, arbitrary restrictions, what are forbidden
by, illustrations of, 880.

fourteenth amendment, arbitrary tests which are forbidden by, 880.
fourteenth amendment, business, arbitrary and unlawful restrictions
проп, 879.

fourteenth amendment, business, mode of carrying on, to what extent
may be restricted notwithstanding, 887.

fourteenth amendment, business, restrictions upon, what prohibited by,
878-880.

fourteenth amendment, charges of carriers and others may be fixed by
the state, notwithstanding, 888.

fourteenth amendment, contracts between employer and employee, stat-
utes regulating, whether forbidden by, 881.

fourteenth amendment, construction of, must take into consideration
purpose of its adoption, 871.

fourteenth amendment, contracts, liberty of making to what extent
secured by, 881.

fourteenth amendment, corporations, domestic, taxes may be imposed on
franchise of, 874.

CONSTITUTIONAL LAW, fourteenth amendment, corporations, foreign, agents
of, may be punished for doing business in the state, 874.

fourteenth amendment, corporations, foreign, conditions may be im-
posed upon, 873.

fourteenth amendment, corporations, mode of doing business may be
controlled by the state, 874.

fourteenth amendment, corporations, taxes in excess of those imposed
on natural persons may be exacted of, 874.

fourteenth amendment, corporations, to what extent protected by, 875.
fourteenth amendment, courts of the country are required by, to be open
to all, 877.

fourteenth amendment, crimes, punishment of, discrimination in, when
not forbidden, 885.

fourteenth amendment, damages, subjecting railway corporations to
double, in certain cases, 872.

fourteenth amendment does not prohibit fixing by state of charges of
common carriers and others, 888.

fourteenth amendment does not prohibit restrictions and regulations
to secure public health, safety, and morals, 889.

fourteenth amendment, effect of, must be considered in connection with
the police power of the state, 882.

fourteenth amendment, employing persons in any lawful calling cannot
be prohibited, 879.

fourteenth amendment, evidence, rules of, must be same for all persons,
877.

fourteenth amendment, extrinsic evidence cannot be received to show
that statute is in violation of, 884.

fourteenth amendment, fire limits may be fixed notwithstanding, 889.
fourteenth amendment, intoxicating liquors, statutes regulating or pro-
hibiting sales of, are not forbidden by, 890.

fourteenth amendment, judicial proceedings and remedies, uniformity
in, is not exacted by, 886.

fourteenth amendment, juries, colored persons, exclusion from, is for-
bidden by, 878.

fourteenth amendment, liberty, to what extent secured by, 876.

fourteenth amendment, license taxes, exaction of, is not forbidden by,

886.

fourteenth amendment, local and special legislation, when not prohib-
ited by, 883-885.

fourteenth amendment, local-option laws are not forbidden by, 884.
fourteenth amendment, markets may be established and regulated not-
withstanding, 887.

fourteenth amendment, medicine and dentistry, statutes regulating
practice of, are not forbidden by, 890.

fourteenth amendment, negroes, protection of, was the chief purpose of
its adoption, 871.

fourteenth amendment, non-residents, extent to which may be sub-
jected to special burdens or restrictions, 872.

fourteenth amendment, original purpose of, 871, 877.

fourteenth amendment, penalties may be imposed for negligence or for
non-observance of rules which state had power to prescribe, 878.
fourteenth amendment, police powers of the state are not impaired by,

CONSTITUTIONAL LAW, fourteenth amendment, police powers of the state

overshadow and control, 883.

fourteenth amendment, police powers of the state, whether subject is
within, who must determine, 883.

fourteenth amendment, privileges and immunities of citizens, doubtful
whether any are secured by, 872.

fourteenth amendment, privileges and immunities of citizens of the
state are not secured by, 871.

fourteenth amendment, privileges and immunities of citizens of United
States are not increased by, 872.

fourteenth amendment, procedure of courts must be the same for all
persons, 877.

fourteenth amendment, property, restrictions upon acquisition of, 876.
fourteenth amendment, public health, safety, and morals, restrictions
to secure, are not forbidden by, 889.

fourteenth amendment, race, burdens and restrictions on account of, are
forbidden by, 875.

fourteenth amendment, races, common carriers not prohibited from pro-
viding different cars for members of different, 876.

fourteenth amendment, railway corporations, penalties exacted for kill.
ing stock, 878.

fourteenth amendment, restrictions and regulations to prevent the
imposition of fraud, 888.

fourteenth amendment, retrospective effect of, 874.

fourteenth amendment, rules of law must apply to all persons in the
same situation, 877.

fourteenth amendment, schools, public, colored persons must not be
excluded from, 875.

fourteenth amendment, schools, public, division of funds of, between
colored and white races, 875.

fourteenth amendment, schools, public, equal facilities must be extended
to all persons, 875.

fourteenth amendment, schools, public, separate, for children of differ
ent races, 875.

fourteenth amendment, scope of, 877.

fourteenth amendment, special laws which are forbidden by, illustra
tions of, 880.

fourteenth amendment, suffrage, right of, upon what ground may be
denied notwithstanding, 872.

fourteenth amendment, suffrage, right of, was not secured to any person
by, 872.

fourteenth amendment, taxation, state, power of, is not impaired by, 885
fourteenth amendment, taxation, uniformity and equality in, not re-
quired by, 886.

fourteenth amendment, warehousemen, statutes regulating charges of,
888.

fourteenth amendment, what persons are within protection of, 872.
fourteenth amendment, whether statute is in conflict with, must be
determined from inspection, 884.

CONVERSION, by innocent sale of the property of another, 113.
CORPORATIONs are not citizens of the United States, 873.

are persons, and, as such, entitled to the protection of the fourteenth
amendment, 873.

« SebelumnyaLanjutkan »