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WRITINGS FOR PAYMENT

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WRITTEN CONSENT

common

United States v. Chase, 10 Sup. Ct. 756, 757, necessary in a pleading is to allege the exe 135 U. S. 255, 34 L. Ed. 117.

cution of the deed or writing obligatory, and

it is not necessary to allege sealing or de WRITINGS FOR PAYMENT OF MON- livery. Egan v. Horrigan, 51 Atl. 246, 248, EY.

96 Me, 46. Wag. St. p. 917, § 9, prescribing a limi

"Writing obligatory” has not come into tation of 10 years for an action on any

use in a sense different from its "writing, whether sealed or unsealed, for

technical one. The expression is rarely used, the payment of money or property,” embraced even by the profession, except in pleading, all kinds of written instruments, without and then always as signifying a writing unregard to their form or phraseology, which der seal. Watson v. Hoge, 15 Tenn. (7 Yerg.) implied a promise or an agreement to pay

344, 351. money, and did not mean merely such as had

In Denton V. Adams, 6 Vt. 40, the court the requisites of promissory notes, or such as held that the words "writing obligatory," in contained an express promise or agreement a declaration for a jail bond, imported that to pay. Shelton v. Wyman, 1 Mo. App. 130, the instrument was signed and sealed, since 133 (citing Reyburn v. Casey, 29 Mo. 129). it would not become a writing obligatory

Doubts have arisen as to what writings without signing and sealing. These words ought to be interpreted to create obligations are of the same import as “deed in writing,” for the payment of money or property, within which clearly imports both signing and sealthe meaning of Rev. St. 1899, 8 4272, provid- ing. Ide v. Passumpsic & C. R. R. Co., 32 ing that no action shall be barred on a writ. Vt. 297, 298. ing for the payment of money or property under 10 years. In Reyburn v. Casey, 29 WRITING THE RISE. Mo. 129, it was said that the broad and comprehensive language of the statute evi

"Writing the risk," as used in a policy dently embraces all kinds of written instru- of fre insurance providing that it might be ments, without regard to their form and terminated at the request of the insured by phraseology, which imply a promise or agree

repaying the company the customary short ment to pay money, and is not restricted to rates, together with the expenses of "writing such as have the requisites of promissory the risk,” is not synonymous with, and does notes, or to such as contain an express prom- not in in insurance parlance mean the same

State Ins ise or agreement upon their face to pay. It thing as, “writing the policy.” is sufficient if the words import a promise Co. v. Horner, 23 Pac. 788, 14 Colo. 391. or agreement, or that this can be inferred from the terms employed. Howev. Mittel- WRITTEN BALLOTS. berg, 70 S. W. 396, 397, 96 Mo. App. 490.

Chief Justice Parker, in Henshaw v. A rule of court requiring an affidavit Foster, 26 Mass. (9 Pick.) 312, declared that, of defense in actions on bills, records, and if an enlarged sense of any particular form other "writings for the payment of money" of expression should be necessary to accomcannot be construed to include a sheriff's plish so great an object as the convenient recognizance, for it is for the performance exercise of a fundamental right, such sense of a collateral condition. Commonwealth v. should be attributed to it, and in that view Hoffman, 74 Pa. (24 P. F. Smith) 105, 109. was lead to hold that the words "written

votes" in the Massachusetts Constitution in. WRITING OBLIGATORY.

cluded both written and printed votes. Fritts

v. Kuhl, 17 Atl. 102, 107, 51 N. J. Law (22 The words “writing obligatory” are tech- Vroom) 191. nical, and imply a written instrument under seal, Clark v. Phillips (U. S.) 5 Fed. Cas.

"Written,” as used in Const, art. 2, & 2, 908; Stull v. Wilcox, 2 Ohio St. 569, 573.

providing that elections for governor, sena

tors, and representatives shall be by written "Writing obligatory” is practically syn- ballots, means expressed by letters, and hence onymous with “bond,” and implies and in a printed ballot is within the provision. cludes the ideas of signing and sealing. Den- Opinion of Justices, 7 Me. (7 Greenl.) 492, ton v. Adams, 6 Vt. 40, 42.

495. So, also, under the Constitution of VerA writing obligatory is a bond, or some mont Temple v. Mead, 4 Vt 535, 541. written obligation under seal. It is a term that is never applied to simple contracts, WRITTEN CONSENT. though they may be in writing. Luna v. Mobr, 1 Pac. 860, 864, 3 N. M. (Johns.) 56.

Where a statute chartering a water

power company gave it a right to divert the The word "deed” or “writing obligatory” | water of a river on the “written consent" of was said, in Jackson v. Perkins (N. Y.) 2 those owning lands or water privileges, the Wend. 308, 317, to imply the sealing and de- "written consents" were substituted for, ard livery of the deed, and therefore all that is were equivalent to the deeds required by

WRITTEN CONSTITUTION

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WRITTEN INSTRUMENT

common law in order to create incorporeal exchange. Gale v. Myers (Del.) 4 Houst. 546, hereditaments. Raritan Water-Power Co. v. 547. The term includes a contract stating Veghte, 21 N. J. Eq. (6 C. E. Green) 463, that one person has bought goods from an469.

other, describing the goods and giving the price and condition of the sale, though signed

only by the purchaser. Ames v. Moir, 22 N. WRITTEN CONSTITUTION.

E. 535, 130 III, 582. A written constitution is in every in

Whether parties have committed their stance a limitation upon the powers of gove entire contract to writing is a question for ernment in the bands of agents, though there the determination of the court. In this de never was a written republican constitution termination the writing itself is the guide. which delegated to functionaries all the lat- 1f, on its face, it imports to be complete ent powers which lie dormant in every na- that is, if it contains such language as imtion, and are boundless in extent and inca. ports a complete legal obligation between the pable of definition. State v. Ah Chuey, 14

parties—it is complete, so that parol evidence Nev. 79, 101, 33 Am. Rep. 530 (citing Cooley, will never be admitted to extend its obligaConst. Lim. [3d Ed.) marg. p. 37).

tions to cover matters upon which the writ. A written constitution marks the only ing is silent. Ehrsam V. Brown, 67 Pac. degree of restraint which, to promote stable 867, 869, 64 Kan. 466. government, the people put upon themselves.

An appeal bond conditioned to pay a They resolve, in such an instrument, in sub-' money judgment is a "written contract for stance: We will not do certain things, and the payment of money,” within Horner's we will do certain things; and generally in Ann. st. 1897, § 293, cl. 5, barring actions the same instrument any change in the course on written contracts for the payment of of government thus marked out is rendered money in ten years. Taylor v. Smith, 53 N. difficult by the formalities and lapse of time E. 1048, 1049, 22 Ind. App. 418. which must attend an amendment of it. Commonwealth v. Reeder, 33 Atl. 67, 68, 171

A written contract creates a specified re Pa. 505, 33 L. R. A. 141.

lation between the parties, and, when the duties of that relation are not fully defined

in the contract, the law defines them accordWRITTEN CONTRACT.

ing to the circumstances. In a carrier case A written contract is one which in all it defines the duty in part by implying the its terms is in writing. Bishop, Cont. & 163. exception against inevitable accident. MorriRailway Passenger & Freight Conductors' son v. Davis, 20 Pa. (8 Harris) 171, 177, 57 Mut. Aid & Ben. Ass'n v. Loomis, 32 N. E. Am. Dec. 695. 424, 426, 142 Ill. 560 (Bishop, Cont. § 163);

Oral contracts compared.
Ames v. Moir, 22 N. E. 535, 130 Ill. 582;
Wood v. Williams, 40 Ill. App. 115, 117.

There is no difference between the char

acter of a written and verbal contract; the A contract in writing is none the less only difference being that in the one case the so because it expresses, and its operation de evidence of the terms of the contract is in pends upon, a contingency. When the con- writing, while in the other they are not tingency happens, the minds of the parties Musgrove v. City of Jackson, 59 Miss. 390, meet as to all the terms which the contract 392. expresses, and to write them over again would be one of those useless acts which the law does not require, Insurance Law Bldg.

WRITTEN EVIDENCE. Co. v. National Bank of Missouri, 5 Mo. As the term is used with reference to a App. 333, 336.

contract, it does not mean everything which Code 1852, $ 211, requiring suits on con- is in writing relating to the contract, but tracts in writing to be brought within 20 that only wbich is of a documentary nature, years, means contract in which “the parties containing the terms of a contract between thereto, as well as its entire terms and stipu- the parties, and designed to be the repository lations, can be gathered from the instru- and evidence of the final intentions. Cohen ment itself, or some other written instru- v. Jackoboice, 59 N. W. 665, 667, 101 Mich. ment referred to therein, without the aid of 409 (citing 1 Greenl. Ev. C. 15). parol evidence to ascertain either.” Board of Com'rs of Marion County v. Shipley, 77 WRITTEN INSTRUMENT. Ind. 553, 555.

See, also, “Instrument." The term "obligation or written contract," in the provision of the statute de An “instrument of writing" is defined to claring that an obligation or written contract be something reduced to writing as a means of several persons shall be joint and several, of evidence. Abb. Law Dict. Webster de unless otherwise expressed, beld not to em- fines it to be a writing expressive of some brace or apply to promissory notes or bills of act, contract, process, or proceeding, as a

WRITTEN INSTRUMENT

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WRITTEN INSTRUMENT

deed, contract, writ, etc. Webst. Dict. State , does not include an abstracter's certificate of v. Kelsey, 44 N. J. Law (15 Vroom) 1, 34. title. Lattin v. Gillette, 30 Pac. 543, 95 Cal.

317, 29 Am. St. Rep. 115. An instrument of writing, "ecritura," is every deed that is made by the hand of a

Accounts. public “escribano,” or notary of a corporation, or counsel, "concejo,” or sealed with the

The term “instrument in writing" is said seal of the king or other authorized person. by Bouvier to include bills, bonds, conveyUnited States v. King, 48 U. S. (7 How.) 833, ances, leases, mortgages, promissory notes, 887, 12 L. Ed. 934.

and wills, but scarcely accounts, ordinary

letters, or memoranda. To the same effect Code Civ. Proc. $ 339, requiring actions see And. Law Dict. So that, under a staton a contract, obligation, or liability not ute making it forgery to falsely make, etc., founded on an "instrument of writing” to be any promissory note and other enumerated commenced within two years, refers to con- instruments, “or any other instrument in tracts, obligations, or liabilities arising in or writing,” an account is not subject to forgrowing out of written instruments, not re- gery. State v. Heaton, 49 Pac. 493, 495, 17 motely or ultimately, but immediately; that Wash. 310. is, to such contracts, obligations, or liabilities as arise from instruments of writing Agreement for assignment of contract. executed by the parties sought to be charged Comp. Laws, $ 3450, providing that inin favor of those who seek to enforce the terest shall be allowed on all moneys after contracts, obligations, or liabilities. Lattin they become due on any bond, bill, promisV. Gillette, 30 Pac. 545, 547, 95 Cal, 317, 29 sory note, or "other instrument in writing," Am. St. Rep. 115.

includes a written agreement for the assign

ment of a contract for the construction of An instrument partly written and partly

railroad tunnels. printed, or wholly printed, with a written Pac. 686, 687, 2 Ariz. 233.

Simms v. Hampson, 12 signature thereto, and any signature or writing purporting to be a signature of or in

Certificate of notary. tended to bind an individual, partnership, corporation, or association, or an officer

The expression “instrument in writing," thereof, is a "written instrument,” or a writ- as used in Pasch. Dig. art. 2093, providing ing, within the provisions of the Penal Code. that he is guilty of forgery who, without lawGen. St. Minn. 1894, § 6694.

ful authority and with intent to injure or

defraud, shall make a false instrument in The words “instrument in writing," as writing purporting to be the act of another, used in the article defining and punishing etc., does not include the certificate of a no!orgery and other offenses affecting written tary public purporting to authenticate the instruments, include every writing purport- acknowledgment of a conveyance or transing to make known or declare the will or fer. Rogers v. State, 8 Tex. App. 401, 403. intention of the party whose acts it purports to be, whether the same be of record or un Check. der seal or private signature, or whatever

See “Check." other form it may have. It must be upon paper or parchment, or some substance made County warrant. to resemble either of them. The words may

Rev. Code 1845, p. 371, providing that be written, printed, stamped, or made in any every person who shall forge, etc., any “inother way or by any other device; and the strument in writing” purporting to be the words "in writing,” “write,” or “written" act of another, shall be punished, etc., should include all these modes of making. An in- be construed to include a county warrant. strument partly printed or stamped and State v. Fenly, 18 Mo. 445, 449. partly written is an instrument in writing. Pen. Code Tex. 1895, art. 533.

Indorsement on note. By "instrument in writing," as used in The phrase "written instrument,” as the chapter defining and punishing false cer- used in Comp. Laws Dak. $ 3538, subd. 2, tificate, authentication, or entry by an offi- providing that a written instrument is pre cer, is meant any deed, conveyance, transfer, sumptive evidence of a consideration, emrelease, obligation, or other written instru- braces the writing, “Extended to December ment, of any kind or description whatever, 1, 1891," placed by the payee thereof on a which such commissioner is by law author- promissory note pursuant to the agreement ized to authenticate for record, Pen. Code with the maker to extend the time of payTex. 1895, art. 247.

ment. Corbett v. Clough, 65 N. W. 1074,

1075, 8 S. D. 176. Abstracter's certificate of titlo. In Code Civ, Proc. $ 339, limiting the

Interest coupons. commencement of an action upon a contract Coupons for installments of interest on not founded on such an instrument to two a mortgage will not draw interest after they years, the expression "instrument of writing” | become due as "written instruments," within

WRITTEN INSTRUMENT

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WRITTEN INSTRUMENT

the meaning of Rev. St. Ill. c. 74, § 2, provid-, all actions, allegations of the execution of ing that creditors shall be allowed interest written instruments, and indorsements thereat 6 per cent. on instruments in writing after on, of the existence of a corporation or partdue. United States Mortgage Co. v. Sperry nership, or of any appointment or authority, (U. S.) 26 Fed. 727, 729.

shall be taken as true," etc., includes a me

cbanic's lien. Hayner v. Eberhardt, 15 Pac. Judgment.

168, 169, 37 Kan. 308. It has been repeatedly and uniformly held by our courts that a judgment is not a

Memorandum of tax receipts. written instrument, within Rev. St. 1894, 8 Memoranda of the receipt of taxes made 365, permitting an exhibit to be filed with a in the margin of the assessment books, with pleading founded upon a written instrument, the name of the defendant signed to them, and a copy of a judgment so filed does not are not "written instruments," within the become a part of the pleadings by reference. meaning of Laws 1867, c. 64, and are not First Nat. Bank of Indianapolis v. Hanna, 39 admissible to charge him with such taxes, N. E. 1054, 1056, 12 Ind. App. 240; Morrison unless in some way authenticated as his env. Fishel, 64 Ind. 177, 180; Wilson v. Vance, tries. Board of Mower County Com’rs v. 55 Ind. 584, 588; Dumbould v. Rowley, 15 Smith, 22 Minn. 97, 115. N. E. 463, 465, 113 Ind. 353; Lytle v. Lytle, 37 Ind. 281, 283; Wyant v. Wyant, 38 Ind. Note, mortgage, etc. 48, 49.

In Gale v. Myers (Del.) 4 Houst. 546, the Act 1823, which, after enumerating sev- Supreme Court of Delaware declined to coneral descriptions of claims that shall be en- sider promissory notes as included in the titled to a preference in the distribution of statutory expression "obligation or written an intestate's estate where the same is in- instrument." Exchange Bank v. Streetor sufficient to pay all the debts, provides that (Colo.) 4 Pac. 746, 750. the executors, etc., shall then pay a balance on the legal demands in equal proportions & H. St. p. 104, 8. 78, which provides that,

“Written instrument," as used in 2 Gav. according to their amount, without regard to the nature of such claims, not giving prefer- when any pleading is founded on a written ence to any debts on account of the "instru- must be filed with the pleadings, includes

instrument, the original or a copy thereof ments of writing” on which the same may deeds, mortgages, bonds, written contracts, be found, does not include a judgment re. promissory notes, bills of exchange, etc. Ly. covered previous to the passage of the act; tle v. Lytle, 37 Ind. 281, 283; Wyant v. Wy. hence the judgment will be entitled to pref

ant, 38 Ind. 48, 49. erence the same as before. Woodworth v. Payne's Adm'r, 1 Ill. (Breese) 374, 376.

A mortgage not under seal is within the

meaning of McClel. Dig. p. 733, $ 10, providThe phrase "written instrument for the

ing that actions "upon any contract, obligapayment of money only,” as used in St. Minn. tion, or liability, founded upon an instrument 1856, which provides that when a pleading of writing not under seal,” must be comis verified by the attorney or other person, menced within five years after the cause of except the party, he shall set forth in the action accrued. Hope v. Johnston, 9 South. affidavit his knowledge or the grounds of his

830, 832, 28 Fla. 55. belief on the subject, and the reason why it is not made by the party, except when the

Receipt. action or defense is founded upon a “written statement for the payment of money

A receipted voucher, showing the amount only,” and such instrument is in the posses- agreed upon as due and an acknowledgment sion of the agent or attorney, refers to and of its payment, is a “written instrument” by includes bills of exchange, notes, bonds, con

which a pecuniary obligation is not only cretracts, or any instrument, the creature of ated and acknowledged, but is defeated and contracting parties, containing a stipulation

discharged. It is a proof of the debt, an for the payment of money only, but does not obligation conceded, and is personal property, include judgments. Smith v. Mulliken, 2 within Gen. St. 1894, § 6842, providing that Minn. 319, 322 (Gil. 273, 276).

“personal property," as used in the Penal

Code, shall embrace the written instruments Mechanic's lien.

by which any pecuniary obligation or right Burns' Ann. St. 1894, $ 8006, requiring

is created, acknowledged, or transferred. the recorder to record all deeds, bonds, etc., State v. Scanlon, 94 N. W. 686, 89 Minn. 244. and other “instruments of writing" delivered

Returns of marriages, births, and to him which by law he is bound to record,

deaths. should be construed to include a mechanic's

Within Act Feb. 6, 1817, providing that lien. State v. Phillips, 62 N. E. 12, 14, 157 the Secretary of State is entitled to receive Ind. 481.

for the filing of every bond or instrument of The term "written instrument," as used writing of a public nature a certain sum, the in Code Kan. $ 108, which provides that, “in returns of marriages, births, and deaths

WRITTEN INSTRUMENT

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WRONG

which are required by law to be filed by the written statement or certificate of the num-, Secretary of State, are not instruments of ber of votes cast, is equivalent in meaning to writing. State v. Kelsey, 44 N. J. Law (15 the word "certificate," as used in the act. Vroom) 1, 34.

The term does not include a written state

ment not signed by the judges of election. Stenographer's report of testimony. People v. Nordheim, 99 Ill. 553, 560.

The stenographer's report of oral testimony, though filed in court, is not a written WRITTEN VOTES. instrument, within the meaning of the Code,

See "Written Ballots." allowing written instruments to be brought into the record by reference in a skeleton bill of exceptions. Patterson v. Churchman, 122 WRONG. Ind. 379, 22 N. E. 662, 23 N. E. 1082; Doyal V. Landes, 20 N. E. 719, 119 Ind. 479. The See “Contributing Wrong"; "Malicious words have reference rather to bills, bonds, Wrong"'; “Private Wrong''; “Public conveyances, leases, etc. They have a re Wrong." strictive connotation, from being associated Personal wrong, see “Personal Injury." with the words "documentary evidence," and mean papers of that class. Patterson v.

In Cooley, Torts, 98, the learned author Churchman, 23 N. E. 1082, 1083, 122 Ind. 379. says: “A wrong is an invasion of right, to

the damage of the party who suffers it. It Tax duplicate.

consists in the injury done, and not comA tax duplicate is not a written instru- monly in the purpose or mental or physical ment. Hazzard v. Hea cock, 39 Ind. 172-174. capacity of the person or agent doing it. It

may or may not have been done with bad mo

tive. The question of motive is usually a WRITTEN LAWS.

question of aggravation only. Therefore the

law, in giving redress, bas in view the case “The written laws of a kingdom are stat- of a party injured and the extent of his inutes, acts, or edicts." People v. Tiphaine (N. Y.) 3 Parker, Cr. R. 241, 244 (quoting 1 Bl. jury, and makes what he suffers the mens

ure of compensation. In its most usual Comm. 85).

sense, according to Mr. Blackstone (3 BI. Los Angeles City Charter, p. 506, § 1889, Comm. 158), wrong signifies an injury comdeclared by Const. art. 11, § 8, to be the or- mitted to the person or property of another, ganic law of the city, is a “written law."

or to his relative rights, unconnected with Frick v. City of Los Angeles, 47 Pac. 250, contract; and these are committed with or 251, 115 Cal. 512.

without force. McDonald v. Brown, 51 Atl.

213, 214, 23 R. I. 546, 58 L. R. A. 768, 91 Am. A “written law" is that which is pro- St. Rep. 659. mulgated in writing and of which a record

The fathers of the common law, in sayis in existence. Code Civ. Proc. Cal. 1903, 8 ing that for every wrong there should be a 1896; Ann. Codes & Sts. Or. 1901, $ 733,

remedy, by wrong meant a violation of the

municipal law, the law of civil conduct, not WRITTEN OPINION.

a transgression of the divine law, as such, Prac. Act, $ 340, relating to any "writ- Tel. Co. v. Ferguson, 60 N. E. 674, 676, 157

nor a breach of etiquette. Western Union ten opinion” placed on file in rendering judg. Ind. 64, 54 L. R. A. 846. ment, does not refer to findings of fact, but probably refers to the reason or argument A wrong is a violation of one's right, and for any decision, judgment, or order, and is for the redress of every wrong there is a not synonymous with "written decision.” remedy. Want of right and want of remCorbett v. Job, 5 Nev. 201, 205.

edy are justly said to be reciprocal. When, therefore, there bas been a violation of right,

the person injured is entitled to an action. WRITTEN STATEMENT.

Parker v. Griswold, 17 Conn. 288, 303, 42 "A written statement is a series of facts Am. Dec. 739. or particulars expressed on paper.” State v.

A wrong is a breach of a legal duty, Laughton, 8 Pac. 344, 350, 19 Nev. 202.

and where there is no wrong there is no “Written statement," within the mean

cause of action. Riddell v. Peck-Williamson ing of the statute defining an indictment to Heating & Ventilating Co., 69 Pac. 241, 243, be the written statement of a grand jury,

27 Mont. 44. etc., includes a printed form with its blanks “Wrong" means any deprivation of right, properly filled in writing. Winn v. State, 5 breach of contract, or injury done by one perTex. App. 621, 623.

son to another. O'Connor v. Dils, 26 S. E. The "written statement” mentioned in 354, 355, 43 W. Va. 54. Township Organization Act, art. 7, § 7, re "Wrong” and “injury" are generally used quiring the judges of an election to make a as synonymous terms in the law. People v.

8 WDs.& P.-48

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