Gambar halaman

186, expressly depriving justices of the peace juries" are used in the statutes of the Unitof jurisdiction of an action for slander, ed States, and of the several states, they are such action was for an “injury to the per- generally held to include libel. Times-Demo son” within the jurisdiction of the justice crat Pub. Co. v. Mozee, 136 Fed. 761, 763, of the peace, provided the amount claimed 69 C. C. A. 418 (citing 3 Bl. 119; Cooley, did not exceed $300; the phrase "injury to Torts [2d Ed.) 23, 24; Bouv. Law Dict, verthe person" not being limited to those in- bo "Injury”; McDonald v. Brown, 51 Atl. juries which would support an action for 213, 23 R. I. 546, 58 L. R. A. 768, 91 Am. trespass vi et armis at common law. Mc-St. Rep. 659; Johnson v. Bradstreet Co., 13 Kenzie v. Doran, 104 Pac. 677, 678, 39 Mont. S. E. 250, 87 Ga. 79, 80; Sanderson v. Hunt, 593.

76 S. W. 179, 116 Ky. 435, 3 Ann. Cas. 168; “In modern parlance the words 'personal Fay v. Parker, 53 N. H. 342, 359, 16 Am. injury' are often used to designate a physical Rep. 270; Ott v. Great Northern Ry. Co., injury to the party. But usually, when 72 N. W. 833, 70 Minn. 50, 54; Calloway v. there is any attempt to put the matter into Laydon, 47 Iowa, 458, 29 Am. Rep. 489; legal phraseology, these and equivalent words Smith v. Sherman, 4 Cush. (58 Mass.) 408; are understood to import the meaning in State v. Clayborne, 45 Pac. 303, 14 Wash. which they have long been used by recog

622). nized authorities, whether in legal text-books Mental injury and commentaries or precise definition by The words "personal injuries," as used courts, in classifying the rights of individu- in a statute providing that actions for perals. In 1 Bl. Comm. 129 et seq., the authorsonal injuries to a wife shall be brought in classifies and distinguishes those rights her name, extend to injuries to her feelings, which are annexed to the person, jura per resulting from abuse, slander, or libel. Marsonarum, and acquired rights in external tin v. Derenbecker, 40 South. 819, 850, 116 objects, jura rerum; and in the former he La. 495. includes personal security, which consists 'in a person's legal and uninterrupted enjoy

Mental suffering is included in the term ment of his life, his limbs, his body, his "personal injuries," as used in Sayles' Ann. health, and his reputation.' And he makes Civ. St. 1897, art. 3353a. providing that causthe corresponding classification of remedies. es of action upon which suit has or may be The idea expressed is that a man's reputa- / brought by the injured party for personal tion is a part of himself, as his body and his injuries other than those resulting in death, limbs are, and that detraction of it is an

whether such injuries be to the health, the injury to his personality, and Chancellor reputation, or the person of the injured Kent in his twenty-fourth lecture shows that party, shall not abate by reason of his death,

but shall survive in favor of his heirs, etc. the same classification of rights was

Western Union Telegraph Co. v. Kauffman pressed in our colonial legislation and has always been observed, and, on page *16

of (Tex.) 107 S. W. 630, 631. the second volume of his Commentaries, he Seduction says: *As a part of the rights of personal An action for seduction is an action for security, the preservation of every person's "personal injuries," within Pub. Acts 1890, good name from the vile arts of detraction is No. 155, barring actions for personal injujustly included. The laws of the ancients, ries, unless brought within three years from no less than those of modern nations, made the occurrence; a "personal” wrong or inprivate reputation one of the objects of their jury being an invasion of a personal right protection.'” A judgment for libel is for an and pertaining to the person. May v. Wil"an injury to the person” and is not released son, 128 N. W. 1084, 1085, 164 Mich. 26, Ann. by a discharge in bankruptcy. Thompson v. Cas. 1912B, 654. Judy, 169 Fed. 553, 555, 556, 95 C. C. A. 51.

PERSONAL LIBERTY Injuries to character and mental suffer

See, also, Right of Privacy. ing resulting from a libelous publication are "personal injuries,” within the meaning of

Personal liberty consists,' says BlackAct La. No. 68, p. 95, of 1902, amendatory stone, 'in the power of locomotion, of chang. of Rev. Civ. Code La. 1870, art. 2402, which ing situation, or removing one's person to provides, inter alia, that “damages resulting whatever places one's own inclination may from personal injuries to the wife shall not direct, without restraint, unless by due course form part of this community, but shall al- of law.” Civil Rights Cases, 3 Sup. Ct. 18, ways be and remain the separate property 109 U. S. 3, 39, 27 L Ed. 835. of the wife and recoverable by herself alone," "Personal liberty” is the power of locoand under such provision a wife may main motion, of changing situation, of removing tain an action to recover damages for a libel one's person to whatever place one's inclinaaffecting herself. At common law, libel and tion may direct, without imprisonment or reslander were regarded as injuries to the per- straint, except by course of law. It includes, son, or "personal injuries." Where the terms not only the right to go where one pleases, “injury to the person" and “personal in- / but to maintain himself in a lawful manner


while there, to live and work where he choos- / ping or exposure. People ex rel. Gow v. es, to earn his livelihood by a lawful calling, Bingham, 107 N. Y. Supp. 1011, 1014, 57 Misc. to enter into contracts essential to carry out Rep. 66. his a vocation, as well as mere freedom from imprisonment. It also includes the right of

PERSONAL LUGGAGE one to use his faculties in all lawful ways.

See, also, Personal Baggage. Henry v. Cherry & Webb, 73 Atl. 97, 107, 30 “Whatever a passenger takes with him R. I. 13, 24 L. R. A. (N. S.) 991, 136 Am. for his personal use or convenience either with St. Rep. 928, 18 Ann. Cas. 1006.

reference to immediate necessities or the “Personal liberty” includes not only free- ultimate purposes of the journey, must be

The term dom from physical restraint, but the right to considered 'personal luggage.' be let alone to determine one's own mode of would include money for expenses and dialife, whether it shall be one of publicity or mond rings suitable for the passenger's sta

tion in life. Hasbrouck v. New York Cent. of privacy, and to order one's life and manage one's affairs in a manner that will be & H. R. R. Co., 118 N. Y. Supp. 735, 739, 742, most agreeable to him, so long as he does 64 Misc. Rep. 478 (quoting and adopting definot violate the rights of others or of the nition in Ray, Neg. Imp. Duties, p. 561). public. . Pavesich v. New England Life Ins. PERSONAL MORTGAGE Co., 50 S. E. 68, 70, 122 Ga. 190, 69 L. R. A.

A “personal mortgage" is more than 101, 106 Am. St. Rep. 104, 2 Ann. Cas. 561.

a mere security. It is a sale of the thing “The right of 'personal security' is not fully mortgaged, and operates as a transfer of the accorded by allowing an individual to go whole legal title to the mortgagee subject through life in possession of all of his mem. I only to be defeated by the full performance bers, and his body unmarred; nor is his right of the condition. In re Riggs Restaurant Co., to 'personal liberty' fully accorded by merely allowing him to remain out of jail, or ler v. Miller, 1 N. Y. 500).

130 Fed. 691, 693, 66 C. C. A. 48 (citing Butfree from other physical restraints. The liberty which he derives from natural law, and PERSONAL NOTICE which is recognized by municipal law, em

“Personal notice" to an absent defendbraces far more than freedom from physical ant of an attachment of his real estate imrestraint. The term “liberty' is not to be so plies more than casual information of the dwarfed, 'but is deemed to embrace the suit or of the seizure of his property, but it right of a man to be free in the enjoyment relates to his receiving or learning of the of the faculties with which he has been en- copy of the writ that he is entitled to have dowed by his Creator, subject only to such left for him. Wade v. Wade's Adm'r, 69 Atl. restraints as are necessary for the common 826, 827, 81 Vt. 275. welfare.' 'Liberty,' in its broad sense, as understood in this country, means the right PERSONAL OBLIGATION not only of freedom from servitude, impris- A contract giving D. exclusive right to onment, or restraint, but the right of one drill in defendant's land with a view of findto use his faculties in all lawful ways, to ing commercial substances, and in case of live and work where he will, to earn his live- success within 90 days thereafter to pay delihood in any lawful calling, and to pursue fendant $100 per arpent for a conveyance of any lawful trade or avocation.” “The right the land, did not impose a “personal obligaof one to exhibit himself to the public at all tion" on D. within Civ. Code, art. 2000, deproper times, in all proper places, and in a claring an obligation personal when the proper manner, is embraced within the right obligor undertakes to perform anything that of 'personal liberty.' The right to withdraw requires his personal skill and attention; and from the public gaze at such times as a hence the contract was assignable. Anse La person may see fit, when his presence in pub- Butte Oil & Mineral Co. v. Babb, 47 South. lic is not demanded by any rule of law, is 754, 755, 122 La. 415. also embraced within the right of 'personal liberty.' Publicity in one instance, and pri

PERSONAL ORNAMENTS vacy in the other, are each guaranteed. If As goods and chattels, see Goods. 'personal liberty' embraces the right of publicity, it no less embraces the correlative

PERSONAL PROPERTY right of privacy.” Pavesich v. New England All personal property, see All. Life Ins. Co., 50 S. E. 68, 70, 122 Ga. 190, 69 Other personal property, see Other. L. R. A. 101, 106 Am. St. Rep. 104, 2 Ann. Tangible personal property, see Tangible Cas. 561 (citing Brannon, Fourteenth Amend

Property. ment, 111).

Personal property is the right or interest The "right to personal liberty,” which which a person has in things personal. State exists independent of any express provision ex rel. Louisiana Imp. Co. v. Board of Assesof law, includes not only absolute freedom of sors, 36 South. 91, 97, 111 La. 982. travel, but the preservation of the person Ordinarily the term “personal property" inviolate against attack or compulsory strip-includes money, goods, chattels, etc. Brom

.berg v. McArdle, 55 South. 805, 172 Ala. 270, In Rev. Laws, c. 140, $ 2, providing that Ann. Cas. 1913D, 855.

such parts of the "personal property" as the 'Personal property' is any right or

probate court, having regard to all the cir. interest which a

cuistances of the case, may allow as necesman may have in things movable and includes chattels, things in ac- saries to the widow for herself, shall not be tion, and evidence of debt." Fishburn v.

taken as assets for the payment of debts, Londershausen, 92 Pac. 1060, 1062, 50 Or. legacies, or charges of administration, the 363, 14 L. R. A. (N. S.) 1234, 15 Ann. Cas. term “personal property” means the person975 (quoting and adopting definition in 2 al property left by the deceased at the time

of his death, and as to this property, upon Bouv. Law Dict. p. 662).

the appointment of an executor or adminisThe term "personal property," as used in trator, jurisdiction of the court attaches for the statute relating to taxation, means and the purpose of allowing to the widow as includes all property not included in the term necessaries whatever she ought to receive. "real estate." Copper Queen Consol. Min. It is not the personal property that is in Co. v. Territorial Board of Equalization, 84 the hands of the administrator at the time Pac. 511, 518, 9 Ariz. 383.

of filing the petition for an allowance which The words "personal property” as used in the law appropriates for payment of necesRev. St. Wis. 1878, § 2317, providing that no saries, but it is all that comes into his hands, contract for the sale of personal property by so far as it may be needed under the decree the terms of which the title is to remain in of the court. Whitcomb v. Taylor, 78 N. E. the vendor and possession in the vendee un- 536, 537, 192 Mass. 555. til the purchase price is paid shall be valid Rev. St. Ohio 1890-92, & 2731, providing against any other person than the parties, that “ all property, whether real or personal, without filing, is not limited to property sold in this state,

and all money, credto be used and not resold. Mishawaka Wool-its, investments and bonds, stocks and oth. en Mfg. Co. v. Smith, 158 Fed. 885, 888. erwise, of persons residing in this state, shall

be subject to taxation," when construed in The provision of Comp. Laws 1897, 8 connection with the related sections, which 3834, that the personal property of corpora- require the listing for taxation of property tions organized for the purpose of maritime held by trustees or agents for oth incommerce and navigation shall be assessed cludes, and subjects to taxation as “person. only in the city or township which is stated al property,” every form of such property in their articles of association, is not confined having a situs in the state, including such to vessel property so called, but extends to forms as money, credits, bonds, or stocks, all the “personal property of corporations en whether such situs is given by reason of the gaged in maritime commerce or navigation.” residence of the owner in the state, in which Teagan Transp. Co. v. Board of Assessors of case such forms of property are taxed withCity of Detroit, 102 N. W. 273, 274, 139 Mich. out regard to the place of their deposit, or 1, 69 L, R. A. 431, 111 Am. St. Rep. 391.

whether by reason of their being held within Burns' Rev. St. 1901, § 8454, provides the state by an agent of a nonresident owner; that "in entering personal property upon the and municipal bonds deposited with the state proper tax books for the purpose of taxation superintendent of insurance by a foreign it shall be a sufficient description of the same insurance company for the protection of to use the words 'personal property,' and Ohio policy holders, as required by section such phrase shall comprehend and embrace 3660, are taxable, and when not returned by all species of personal property belonging to either the company or the superintendent of the person charged therewith on the tax insurance may properly be listed by the books, and no more specific description or auditor of the county in which they are held. designation thereof shall be necessary.” Western Assur. Co. of Toronto v. Halliday, Brunson v: Starbuck, 70 N. E. 163, 165, 32 126 Fed. 257, 265, 61 C. C. A. 271. Ind. App. 457.

Statutory definitions Testatrix gave specific personal property

“Personal property" includes money, and specified sums to beneficiaries and di- goods, chattels, things in action, and eri. rected the executor to sell the remainder of dences of debt. Gibson v. Gibson, 43 Wis. 23, household furniture, goods, chattels, and 33, 28 Am. Rep. 527 (quoting and adopting stock, and to convert “all other personal prop- definition in Rev. St. c. 5). erty" into money and divide the same equal- Statutory construction law defines the ly between two beneficiaries. Held, that term personal property as follows:-"The the term “personal property” was sufficient-term 'personal property' includes chattels, ly comprehensive to include all goods, chat- money, things in action, and all written tels, notes, bonds, mortgages, choses in ac- instruments theniselves, as distinguished tion, and money possessed by testatrix' at the from the rights or interests to which they date of her death, so that all her personal relate, by which any right, interest, lien or property was disposed of by the will. Skin-incumbrance in, to or upon property, or app ner. v. Spann, 93 N. E. 1061, 1070, 175 Ind. debt or financial obligation is created, ac 672...

| knowledged, evidenced, transferred, discharge


ed or defeated, wholly or in part, and every purpose of that section was not to exempt thing except real property, which may be the any property from taxation, but to define subject of ownership.” Morgan v. Mutual the term “personal property" as used in the Ben. Life Ins. Co., 104 N. Y. Supp. 185, 188, taxing law. Hasely v. Ensley, 82 N. E. 809, 119 App. Div. 645 (citing Laws 1892, p. 1486, 811, 40 Ind. App. 598. c. 677, § 4).

Bonds Bates' Ann. St. Ohio, '$ 2781a, provid

Bonds are "personal property." Wuller ing that the term “personal property” ap. v. Chuse Grocery Co., 89 N. E. 796, 798, 241 plies to all kinds of omitted property for 111, 398, 28 L. R. A. (N. S.) 128, 132 Am. St. the taxation of which, for any of the years Rep. 216, 16 Ann. Cas. 522. (citing Cooper v. in which it was omitted, provision was not Corbin, 105 I11. 224). made by law, considered in connection with other provisions for the listing, valuing, levy

For purposes of taxation "personal proping, and collection of taxes on taxable property” includes bonds. Buck v. Beach, 71 N. erty which is not returned to the taxing of- E. 963, 967, 164 Ind. 37, 108 Am. St. Rep. 272. ficers or has been omitted from tax dupli- Bonds in which foreign insurance comcates, should be construed as if reading, “all pany is required by Rev. St. Ohio, & 3660, kinds of 'omitted' property,” etc., and as in. as a condition of doing business in Ohio, to tended to apply only to property which was invest a portion of its capital stock, to be deproperly taxable in such years but which was posited with the superintendent of insurance not returned or properly returnable for tax- for the protection of the local policy holders, ation thereon. Western Assur. Co. of Toron are “personal property” within the meaning to v. Halliday, 127 Fed. 830, 831, 837, 838. of section 2744, requiring insurance comThe term “personal property," as

panies to list for taxation all their personal ployed in a tax law, includes bonds, notes, property, which, by the terms of that section, credits, and choses in action. Sayles' Ann. is to include moneys and credits within the Civ. St. Tex. 1897, art. 5063, providing that state, and is also defined in section 2730 as personal property shall, for the purposes of including the capital stock, although the taxtaxation, be construed to include goods, mon

ation of investments in bonds, provided for in eys, and evidences of debt, "owned by citi- sections 2730, 2731, extends only to such sezens of the state," does not, when considered curities as are in the hands of individual in connection with all the provisions of the residents, owned by themselves or held by law relating to the subject of taxation, oper

them for others, since these last sections ate to exclude from taxation property owned

were not intended to limit other sections of by nonresidents that has a taxable situs the tax law, but were enacted to carry out within the state. It embraces a deposit of a general purpose to tax all personal propsecurities with the State Treasurer by a

erty within the state. Scottish Union & Naforeign guaranty company as required by

tional Ins. Co. v. Bowland, 25 Sup. Ct. 345Acts 25th Leg. p. 244, c. 165, approved June 351, 196 U. S. 611, 49 L. Ed. 619. 10, 1897, as security for the performance of Building its obligations. State v. Fidelity & Deposit A dwelling house erected on a city street, Co. of Maryland, 80 S. W. 544, 553, 35 Tex. though by mistake extending onto an adCiv. App. 214.

joining lot, under a permit conditioned that "Gen. St. 1909, $ 9215, provides the term the builder will remove it on 30 days' notice 'personal property' shall include every tangi- from the city, built on wooden shoes extendble thing which is the subject of ownership, ing its entire width, and resting on wooden not forming part of real property; also the blocks laid on the ground, so that removal capital stock, undivided profits, and all oth will not disturb the freehold, remains “perer assets of every company, incorporated or sonal property.” Page v. Urick, 72 Pac. 454, unincorporated, and every share or interest 455, 31 Wash. 601, 96 Am. St. Rep. 924 (citin such stock, profit, or assets, by whatever ing and adopting Cobbey, Replevin [2d Ed.] name the same may be designated, provided 8 373; Jewett v. Patridge, 12 Me. 243, 27 Am. the same is not included in other personal Dec. 173; Board of Com’rs of Rush County v. property subject to taxation or listed as the Stubbs, 25 Kan. 322). property of individuals.” Hunt v. Board of Com’rs of Allen County, 109 Pac. 106, 107, 82 street to be widened, and, having previously

Claimant purchased certain land along a Kan. 824.

acquired a building, which had been taken The object of the provision, "all goods, by the city and paid for in another street chattels, and effects belonging to inhabitants opening proceeding, moved the building to of this state, situated without this state, ex- the land so acquired after the commencement cept the property actually and permanently of the proceeding, and placed the same with invested in business in another state shall not reference to the prior existing street lines, be included,” in Burns' Ann. St. 1901, § 8411, though the land purchased was sufficient in defining what the term “personal property" depth to have enabled him to have located shall include for the purpose of taxation, the building with reference to the proposed was not to avoid double taxation, since the line of the street. After this, claimant sold


to his grantor the rear part of the lot, so as is chargeable for any personal property subto preclude a relocation of the building on ject to mortgage or other lien, the court may the lot with reference to the proposed line. appoint a receiver and dispose of it if more Held, that the building was not located in can be obtained for it than the claims upon good faith, and, having been once severed it. Musgrove v. Goss, 72 Atl. 371, 372, 75 N. from the soil, it became “personal property,” H. 208 (citing Fling v. Goodall, 40 N. H. 208). and should be so considered in determining

Act Pa. June 7, 1870 (P. L. 58), provid. the question of damages for the part of the lot required for the street. In re Briggs Ave. ing for the issuance of a special writ of fieri in City of New York, 89 N. E. 814, 816, 196 facias on a judgment against a corporation N. Y. 255, 36 L. R. A. (N. S.) 273, 17 Ann. Cas. after return of execution unsatisfied and the

sale thereunder of "the personal, mixed or 1032.

real property, franchises and rights of such Chattel real

corporation," as construed by the Supreme A "chattel real” is personal property. Court of the state, does not authorize the Townsend v. Boyd, 66 Atl. 1099, 1101, 217 sale under such writ of a chose in action or Pa. 386, 12 L. R. A. (N. S.) 1148.

claim in tort belonging to the corporation. Check

International Coal Min. Co. v. Pennsylvania A check drawn by the Treasurer of the R. Co., 152 Fed. 554, 555. United States in settlement of claim

An assignment by one of several puragainst the government is “personal proper- chasers of real estate conveyed to a trustee ty” within Code, $ 105 (21 Stat. 1206, c. 854), with directions to sell and divide the proproviding that publication may be substituted ceeds among the several purchasers of his for personal service of process on nonresi. interest in the trust agreement to a bank in dents of this district in suits to enforce liens which he is depositor as security for a note against real or personal property within the is an assignment by way of a pledge of a District of Columbia. Jones v. Rutherford, chose in action constituting “personal prop26 App. D. C. 114, 119.

erty” within Code Civ. Proc. $ 17, and the Chose in action

bank notwithstanding section 726 may off-set Generally speaking, a “chose in action" | its matured claim on the note against the is personal property. In re Morace (Del.) 74 deposit without proceeding to collect the Atl. 375, 376, 1 Boyce, 67.

security. John M. C. Marble Co. v. Mer

chants' Nat. Bank of Los Angeles, 115 Pac. For purposes of taxation “personal prop- 59, 62, 15 Cal. App. 347. erty" includes choses in action.

Buck v. Beach,' 71 N. E. 963, 967, 164 Ind. 37, 108

Civ. Code, 8 4662, subsec. 3, provides Am. St. Rep. 272.

that “personal property" includes things in

action. Code Civ. Proc. § 1218, provides that “Personal property” includes things in all property or any interest therein of the action and evidences of debt. Gibson v. Gib- judgment debtor not exempt by law is liable son, 43 Wis. 23, 33, 28 Am. Rep. 527; Fish- to execution, and all property not capable of burn v. Londershausen, 92 Pac. 1060, 1062, manual delivery may be attached on execu50 Or. 363, 14 L. R. A. (N. S.) 1234, 15 Ann. tion in like manner as on writs of attachCas. 975 (citing Rev. St. c. 5; 2 Bouv. Law

ment. Section 1224 requires the sheriff to Dict. p. 662).

execute a writ by collecting or selling the "Choses in action” are "personal prop- things in action, etc. Section 1232 provides erty” within the statute against fraudulent that the officer making the sale must execute conveyances. Hall & Farley v. Alabama Ter- and deliver to the purchaser of real (personminal & Improvement Co., 39 South. 285, 288, al) property not capable of manual delivery 143 Ala. 464, 2 L. R. A. (N. S.) 130, 5 Ann. a certificate of sale upon payment of the Cas. 363.

purchase money. Section 895, as amended In Hurd's Rev. St. 1903, c. 3, p. 125, 8 by Laws 1899, p. 139, provides for attach122, providing that actions to recover dam- ment of debts, credits, and other personal ages for injury to real or “personal property" property not capable of manual delivery by shall survive, the term “personal property" serving upon the debtor or person responwas not intended to be applied to a right of sible a copy of the writ, etc. Held, that a action occasioned by the malicious interfer-wife who obtained a judgment against her ing by one person with the business of an- husband for separate maintenance had a other, but was intended to apply only to ac- remedy against persons who had converted tions for damages to tangible articles and the husband's property by execution against things movable—to chattels-as distinguish- her husband to collect amounts due under ed from actions for damages to one's busi- her judgment under which his claim against ness. Jones v. Barmm, 75 N. E. 505, 506, 217 such persons might have been sold and Ill. 381.

bought in by her, whereupon she could sue Choses in action in the hands of a trus- them at law, and that she could not othertee subject to a lien or pledge are “personal wise maintain an action against them in property,” within the purview of Pub. St. equity, since equity will aid only where an 1901, c. 245, $ 28, providing that, if a trusteel adequate remedy is not found in the provi

[ocr errors]
« SebelumnyaLanjutkan »