Gambar halaman
PDF
ePub

crime which, if not applicable to prosecutions, Chittenden Power Company, and the Rutbefore a justice, would not divest the justice land City Electric Company consolidated of jurisdiction, but Code Civ. Proc. & 187, with the Vermont Internal Improvement permitting the use of any suitable mode of Company. Section 2 provided that all the procedure, would apply. People v. Palermo charter rights, powers, etc., conferred upon Land & Water Co., 89 Pac. 723, 725, 4 Cal. the five companies should be conferred upon App. 717.

the Rutland Railway, Light & Power ComRev. St. C. 23, 68, relating to ways, pany. Held, that the word “persons" used in provides that when a way is changed in section 800 included previously existing corgrade by a road commissioner or "person porations, as well as natural persons; and authorized,” to the injury of an abutting when Act No. 303 became a law the Rutland owner, he may apply in writing to the munic- Railway, Light & Power Company became a ipal officers for an assessment of damages oc- corporation by special act, making the charcasioned thereby to be paid by the town. ter fee, which should have been deposited Chapter 53, § 19, relating to street railroads, when the bill was introduced, belong to the provides that such road shall be constructed state, but if it was not deposited when the and maintained in such manner and upon bill was introduced the state might theresuch grades as the municipal officers of the after collect it by a suit against the consolitowns where they are located may direct, and dated company. State v. Rutland Ry., Light & when, in the judgment of such corporation, Power Co., 81 Atl. 252, 254, 85 Vt. 91. it shall be necessary to alter the grade of any Proprietor of restaurant road, the alteration shall be made at the The proprietor of a restaurant is a "perexpense of the corporation in accordance with son” and his restaurant is a "place" within the directions of the municipal officers. the city of Denver within the purview of Held, that the two sections should be con- Denver Ordinance 1902, No. 102, § 1, providing strued together, and under Rev. St. c. 1, § 6, that no person shall, within the limits of the rules 2 and 14, by which the word “person" city, sell or give away intoxicating liquors may include a corporation and singular to be drunk upon the premises where sold words include plural, where a grade was es- or at any place. Scanlon v. City of Denver, tablished by municipal officers at the request 88 Pac. 156, 157, 38 Colo. 401. of a railroad company, it must be deemed to

Public or municipal corporation have been done by a “person authorized" within the meaning of section 68, and though

V. S. 21, provides that the word "person" section 68 provides that the damages shall may extend and be applied to bodies corpobe assessed by the municipal officers to be rate and political. Gokey v. Boston & M. R. paid by the town, and section 19 that the

Co., 130 Fed. 994, 995. alterations shall be at the expense of the cor

The word "person,” as provided by Ky. poration, yet the word "expense” in section St. $ 457, may extend and be applied to bodies 19 will include the damages to landowners, politic and corporate, societies, communities, which, if paid by the town, are a part of the and the public generally. Commonwealth v. expense of the alteration, and are recover | Adams Exp. Co., 97 S. W. 386, 387, 123 Ky. able by the town from the railroad corpora- | 720. tion. Hurley v. Inhabitants of South Thom- A municipality is not a "person" or "coraston, 74 Atl. 734, 736, 105 Me. 301.

poration," within Rev. Laws, c. 171, § 2, as Acts 1898, No. 19, as originally enacted, amended by St. 1907, c. 375, which makes referred to “any body or persons” seeking in- persons and corporations liable for negligent corporation, etc., but as revised and re-enact- death. Donahue v. City of Newburyport, 98 ed by P. S. 800, provided that “persons" seek. N. E. 1081, 1082, 211 Mass. 561, Ann. Cas. ing incorporation by a special act of the

1913B, 742. General Assembly should, before the bill was Code 1896, § 27, provides that personal introduced for that purpose, deposit as pro- representatives may recover for decedent's vided the fee therein specified. P. S. 26 per- death, caused by the wrongful act, omission, or mits the word “persons” to be applied to negligence of any person or persons, or corpo bodies corporate and politic. In 1896 the ration. Section 1 provides that the use of People's Gas Light Company, the Rutland the word “person,” used in the Code, "inStreet Railway Company, the Vermont Inter- cludes a corporation as well as natural pernal Improvement Company, and the Chitten- sons.” Held, that the personal representaden Power Company filed with the Secretary tive of a person injured by a city sewer ditch of State an agreement for consolidation, the had a cause of action against the city. City consolidated company being styled the Rut- of Anniston v. Ivey, 44 South. 48, 49, 151 land Railway, Light & Power Company, and Ala. 392. all the property being turned over to it, but The city granting the right to a corporait had never paid any charter fee. Acts 1908, tion to operate an interurban railway on its No. 303, § 1, legalizes all acts and contracts streets is a proper plaintiff in an action, in whereby the Rutland Street Railway Com- virtue of the statute (Gen. St. 1901, $ 5150), pany, the People's Gas Light Company, the authorizing it to be brought by a person claiming an interest adverse to the franchise, I notice given, or demand made by the county, which is its subject, as a municipal corpora- without explanation, conveys no information tion is a "person” within the meaning of the whatever to the bearer or reader, as to the word as there used. City of Olathe v. Mis- particular individual through or by whom the souri & K. I. Ry. Co., 96 Pac. 42, 43, 78 Kan. act, notice, or demand, is alleged to have 193.

been effected, so that an allegation, in an inAlthough a “municipal corporation" has dictment against a county treasurer for emdelegated to it certain powers of government, bezzlement, that the county had demanded it is only in reference to those delegated the funds, was wholly insufficient. State v. powers that it will be regarded as a govern- McKinney, 106 N. W. 931, 933, 130 Iowa, 370. ment. In reference to all of its transactions, Rev. St. 1898, 661, provides that no such as affect its ownership of property in execution shall issue on a judgment against buying, selling,' or granting, and in reference a county except on leave of court, obtained to all matters of contract it must be looked after the time when the town treasurers upon and treated as a private person, and its should by law have made returns of taxes. contracts construed in the same manner and Other statutory provisions contemplate the with like effect as those of natural persons. collection of judgments against counties by Davoust v. City of Alameda, 84 Pac. 760, the levy of a tax. Section 2902 makes a 761, 149 Cal. 69, 5 L. R. A. (N. S.) 536, 9 judgment a lien on the real property of every Ann. Cas. 847.

"person" against whom such judgment shall "The Regents of the University of Ida- be rendered and docketed. Held, that a judgho,” created a corporation by the laws of the ment against a county is not a lien on land territory and the Constitution of the state, bought in by the county for taxes, notwithis a public corporation and an agency of the standing the provision of Rev. St. 1898, § state, and as such is not subject to garnish- 2902, that the word “person” shall extend ment in the absence of a statute clearly and be applicable to bodies corporate unless evincing the purpose of the Legislature to plainly inapplicable. Buell v. Arnold, 102 subject public corporations to such process; N. W. 338, 340, 124 Wis. 65, 4 Ann. Cas. 100. and the general provision that any “person" Same-State may be garnished is not sufficient for that

Code 1899, c. 31, § 25, requiring the owner purpose, although the word "person” is ex- of property sold for taxes to tender to the pressly defined by the statutes as including claimant of the tax title the taxes and intera corporation; such provisions being gener est required to be refunded, relates to "perally construed as restricted to private or sons," and does not apply to the state. State business corporations. Moscow Hardware

v. Harman, 50 S. E. 828, 830, 57 W. Va. 447. Co. v. Colson, 158 Fed. 199, 201.

Dispensary commissioners and the manCode Civ. Proc. $ 1391, providing that, on

ager thereof are officers of the state, and are the return of an unsatisfied execution on a not, as such, suable under Civ. Code 1895, & judgment for necessaries, the court shall grant 3871, giving a parent a right of action against an order for execution against the salary or any person selling spirituous liquor to his wages of the judgment debtor, and it shall be minor son. Fowler v. Rome Dispensary, 62 the duty of any “person or corporation” to S. E. 660, 663, 5 Ga. App. 36. whom the execution shall be presented, and who shall be indebted to the judgment debtor,

The word “person,” Rev. St. U. S. 88 to pay over to the officer the amount of the 3140, 3232, 3244, providing that every person debt, does not authorize the institution of selling or offering for sale distilled spirits the supplementary proceedings therein pro

shall be regarded as a retail dealer in liqvided for against a municipal corporation to uors and must pay the special tax imposed, reach the salary of a police officer. Rosen- and declaring that the word “person” shall stock v. City of New York, 91 N. Y. Supp. when not otherwise distinctly expressed be 737, 739, 101 App. Div. 9; Chapman & Co. v.

construed to mean and include a partnership, Same, 91 N. Y. Supp. 1090, 101 App. Div. 607. association, company, or corporation, includes

the dispensing and selling agents of the state, Same County

which in the exercise of its sovereign power Each organized county is a body corpo- has taken charge of the business of selling rate, and as such deemed to be a “person," intoxicating liquors, and the United States within Const. art. 6, § 2, which provides that may exact in such case a license tax prescribno person shall be deprived of life, liberty, ed by Internal Revenue Laws for dealers in or property without due process of law. intoxicating liquors. State of South Caro. Harris v. Stearns, 97 N. W. 361, 362, 17 s. lina v. United States, 26 Sup. Ct. 110, 111, D. 439.

199 U. S. 437, 50 L. Ed. 261, 4 Ann, Cas. 737. “A county may, for some purposes, be Under Bankr. Act July 1, 1898, c. 541, 8 considered a 'person' in law, but it is a corpo- 1a, cls. 6, 19, c. 541, 30 Stat. 544, 545, which rate person which can speak and act only define "persons" as including corporations through its appropriate officers and agents." and "corporations' as meaning "all bodies Hence an allegation that an act was done or having any of the powers and privileges of private corporations not possessed by individ-, tion, etc., the court, in proceedings to assess uals or partnerships," a state is a person, damages and benefits for the change of the and under section 64b (5) is entitled to prior-grade of a highway, may not order a jury ity for a debt due it from the estate of a to make a reassessment of damages and benebankrupt which is given priority by its own fits on the application of the town by its se insolvency law. In re Western Implement lectmen; the selectmen not being referred to Co., 166 Fed. 576, 582.

by the words "person or persons," in the Laws 1905, p. 370, c. 175, in amendment quoted clause. Selectmen of Town of Montof Code Civ. Proc. $ 1391, authorizing an ville v. Alpha Mills Co., 81 Atl. 1051, 1052, 85 execution against the wages or salary of the Conn. 1. judgment debtor, and making it the duty of Women any person or corporation, municipal or oth- A woman is a "person" within the conerwise, to whom the execution shall be pre-templation of Const. U. S. Amend. 14, § 1, sented, and who shall be indebted to the judg- and entitled to the equal protection of the ment debtor, to pay over to the officer the laws. Carrithers v. City of Shelbyville, 104 amount of the debt, does not authorize the s. W. 744, 745, 126 Ky. 769, 17 L. R. A. (N. issuance of an execution against the salary S.) 421 (citing Santa Clara County v. Southof a state officer; the state being neither a ern Pac. R. Co., 18 Fed. 385). person nor a corporation nor a municipal corporation. Osterhoudt v. Keith, 117 N. Y. PERSON AGGRIEVED Supp. 809, 810, 133 App. Div. 83.

See Aggrieved. The champerty act (1 Rev. St. p. 739 (1st PERSON APPEARING OF RECORD AS Ed.) p. 2, c. 1, tit. 2, § 147) provides that

OWNER “every grant of land shall be absolutely void,

See Owner of Record. if at the time of the delivery thereof, such lands shall be in the actual possession of a PERSON ARRIVING IN THE UNITED person claiming under a title adverse to that

STATES of the grantor." Section 5 of the statutory

Tariff Act July 24, 1897, c. 11, § 2, Free construction law (Laws 1892, p. 1487, c. 677) List, par. 697, 30 Stat. 202, provides for “perprovides that “the term 'person’ includes a sonal effects of persons arriving in the Unitcorporation and a joint-stock association," ed States,” with a proviso relating to “resiand when used to designate a party whose dents of the United States returning from property may be the subject of any offense, abroad." Held, that the first provision is the term “person" also includes the state. only for immigrants, and that the proviso Held, that the state could therefore only concerns Americans only. United States v. be included as a “person" when the statute Bernays, 158 Fed. 792, 794, 86 C. C. 1. 52. relates to any of its property which may be the subject of an offense, and hence the PERSON ASSESSED champerty act does not apply to the posses- See, also, Assess. sion of the state, and that, if the forest commission could be regarded as in actual for the benefit of creditors to the assignee in

Assignors in a common-law assignment possession for the state, it would not render trust to pay preferred claims including taxes the statute applicable as it is no more a “per- are the “persons assessed” for taxes within son" than is the state. Saranac Land & Tim- Rev. Laws 1902, c. 13, § 32, authorizing a tax ber Co. v. Roberts, 109 N. Y. Supp. 547, 125 collector to collect a tax by action against App. Div. 333; Id., 88 N. E. 753, 760, 195 N. the “persons assessed,” and they are propY. 303.

erly made parties defendant in an action Same-United States

for taxes as the persons primarily liable The United States is not a "person" with- therefor. Boston v. Turner, 87 N. E. 634, in the meaning of Bankr, Act July 1, 1898, c. 637, 201 Mass. 190 (citing Ricker v. Brook, 541, $ 64, 30 Stat. 563. Title Guaranty & 29 N. E. 534, 155 Mass. 400). Surety Co. v. Guarantee Title & Trust Co., 174 Fed. 385, 387, 98 C. C. A. 603.

PERSON AUTHORIZED

See Authorized by Law; Authorized PerSelectmen

Under Gen. St. 1902, & 2067, authorizing persons interested in altering highways to re- PERSON BENEFICIALLY INTERmonstrate against the report of the commit- ESTED tee assessing benefits and damages, and em- See Beneficially Interested powering the court to order a jury and “grant

PERSON BENEFITED relief to the person or persons making such application,” when construed in connection

See Benefit. with section 2070, providing that, if the re- PERSON CAUSING DEATH port of the jury shall not increase the dam

See Cause (verb). ages allowed or diminish the assessment of benefits, the court shall order the applicant PERSON CAUSING EXCAVATION for the jury to pay the costs of the applica- See Cause (verb).

SON.

PERSON CONCERNED

cards are "persons losing," within the meanSee Concern.

ing of Hurd's Rev. St. 1901, c. 38, § 132,

which provides that any person who shall PERSON CONVICTED

at any time or sitting by playing at cards See Convicted-Conviction.

lose to any person so playing any money

amounting to $10, and shall pay the same, PERSON DEPENDENT

may sue and recover the money by action See Dependent.

in assumpsit. Zellers v. White, 70 N. E. PERSON DERIVING AN INTEREST

669, 672, 208 Ill. 518, 100 Am. St. Rep. 243. See Interest,

PERSON MAKING ENTRY

One who makes an entry of coal lands PERSON DIRECTLY INTERESTED

avowedly for his own use and benefit is See Directly Interested.

“the person who made such entry," within PERSON DOING BUSINESS

the meaning of the act of June 16, 1880 (21

Stat. at L. 287, chap. 244, § 2, providing for See Doing Business.

the repayment of the purchase price in case PERSON DOING CONTRACT WORK of subsequent cancellation, although he made The phrase "persons doing contract the entry at the instance of a corporation,

United work,” within an ordinance levying an oc- with its money and for its benefit. cupation tax upon such persons, is broader States v. Colorado Anthracite Co., 32 Sup. Ct. than the word “contractors," including, be- 617, 619, 225 U. S. 219, 56 L. Ed. 1063. sides them, all persons engaged in any kind PERSON NAMED ON ITS FACE of work, pursuant to a contract, express or

Person to whom it is issued synonymous, implied. In re Unger, 98 Pac. 999, 1000, 1

see Person to Whom Issued. Okl. Cr. 222.

PERSON OF AFRICAN DESCENT
PERSON EXERCISING SUPERIN-
TENDENCE

See African Descent.
See Superintendence.

PERSON OF COLOR PERSON FLEEING FROM JUSTICE

See Colored Person. See Flee from Justice.

PERSON OF THE FAMILY PERSON HAVING CUSTODY OR CON

The word “person," as used in Rev. St. TROL

Mo. 1899, § 570, providing for service of a See Control.

summons by leaving a copy of the petition

and writ at defendant's usual place of abode PERSON HOLDING STOCK AS TRUS- with some person of his family, is synonTEE

ymous with the word “member" as used in Rev. St. § 5152, providing that persons a return showing that a copy of the writ and holding stock in national banks as trustees petition was left with a member of defendshall not be personally liable as stockholders, ant's family. The words may be used inter: applies to every one holding stock as trus- changeably. One could not be a person of tee, and a father who, as trustee for his chil- a family without being a member nor could dren, invested funds belonging to them in he be a member without being a person. such stock, is not personally liable for an Colter v. Luke, 108 S. W. 608, 609, 129 Mo. assessment thereon, although the fund in- | App. 702. vested arose from an investment of his own Where, in an action for divorce, the commoney previously made by him in their be plaint alleged that plaintiff and defendant half. Fowler v. Gowing, 165 Fed. 891, 892, bad been living together as husband and wife 91 C. C. A. 569.

until the day before the suit was commenced, PERSON IN CHARGE

and implied that, though prior thereto the

parties had a joint residence in M. county, See Charge.

such residence had been severed, and that PERSON INJURED

the plaintiff had the custody of the minor See Injured Person.

children, an order authorizing service of pro

cess on the defendant, temporarily residing PERSON IN PARENTAL RELATION without the state, by publication, was not See Parental Relation.

objectionable by reason of the fact that the

affidavit did not negative the possibility of PERSON INTERESTED

substituted service by delivering a copy to See Interest.

some person of defendant's family, above the Other person interested, see Other. age of 14 years, at his dwelling house or

usual place of abode. Then when a suit for PERSON LOSING

a divorce has been commenced, it must be All those who have lost more than they inferred that the marital relations have been have won during a sitting by playing at l interrupted, and, the defendant being temporarily absent, the plaintiff and the children, | PERSON WHO PERFORMS LABOR occupying the dwelling house or usual place In the statute which grants a lien to "ev. of abode of the defendant, are not "persons ery person who shall perform labor" upon a of the family' within the meaning of the mine and provides that “every laborer or term as used in the statute. McFarlane v. materialman" claiming under the act shall Cornelius, 73 Pac. 325, 327, 328, 43 Or. 513. take certain steps to perfect his lien, the

phrase "person who shall perform labor," PERSON OF INDIAN BLOOD

etc., applies to ordinary laborers who perSee Indian.

form actual, visible toil with their hands or

muscles, other kinds of service not being PERSON OF INDIAN DESCENT

expressly mentioned, and does not embrace See Indians by Descent

superintendents or managers. Durkheimer v.

Copperopolis Copper Co., 104 Pac. 895, 896, PERSON OF ORDINARY CARE

55 Or. 37. See Ordinary Care.

PERSON WHO WOULD INHERIT AS PERSON OF UNSOUND MIND

HEIR See Unsound Mind.

Testator devised certain property to de

fendant for life, and, on his death, to his PERSON PRIMARILY LIABLE

child or children and their heirs, and, in See Primarily Liable.

case of defendant's death without leaving a

child or children or descendants, to such perPERSON TO WHOM ISSUED

sons as would under the laws of Maryland inThe phrase "person to whom it is issued,” herit the same as the heirs of defendant had as used in a commutation ticket containing a he died intestate. Held, that the phrase stipulation that if it should be offered by any “such persons as would inherit as heirs" had other than the person to whom it is issued the same effect as if the limitation over had it would be forfeited and taken up by the been to defendant's beirs, and hence defendconductor, is synonymous with “person nam- ant acquired the fee under the rule in Sheled on its face.” Colton v. Delaware, L. & ley's Case. Cook v. Councilman, 72 A. 404, W. R. Co., 77 Atl. 1020, 80 N. J. Law, 592. 109 Md. 622. PERSON WHO BUILDS

PERSON WITHIN THE STATE The phrase "person who built it," con- See Within the Jurisdiction. tained in the statute providing that the owner of a building lot might rest one-half PERSONAL of the building wall on his neighbor's land The adjective “personal" is defined by and that the neighbor should have the right Webster as pertaining to the external or bodthereafter to make it a wall in common by ily appearance. It is defined in the Century paying one-half of the value to the “person Dictionary as things of or pertaining to the who built it,” means the owner, whether he person. Choctaw, O. & G. R. Co. v. Zwirtz, became such by building the wall in person or 73 Pac. 941, 942, 13 Okl. 411. hiring it done by another, or by purchasing it with the lot after it is built. Southworth PERSONAL ACTION v. Perring, 82 Pac. 785, 787, 71 Kan. 755, 2 An action under an act authorizing the L. R. A. (N. S.) 87, 114 Am. St. Rep. 527 (cit. recovery of money paid and lost on a wager, ing Thomson v. Curtis, 28 Iowa, 229).

for money lost and paid on a bet on the re

sult of an election, is a “personal action" PERSON WHO MAKES, ALTERS, OR and survives the death of plaintiff. Motlow REPAIRS

V. Johnson, 44 South. 42, 151 Ala. 276. A statute providing that a “person who makes, alters, or repairs” any article of per- Rev. Code 1852, amended to 1893, p. 787, C.

Mandamus is a “personal action," within sonal property, or who, by labor or skill, 105, § 2, declaring that all personal actions, improves such article, may have a special lien thereon, and may retain possession until

with specified exceptions, shall survive, and his charges are paid, creates a lien in favor is a “suit at law,” within Const. art. 4, $ 26, of a bailee for hire, to whom property is providing that no suit at law shall abate at delivered in the way of his trade or occupa- the death of any party, where the cause of

action survives. tion, and who by his labor and skill imparts

State V. Jessup & Moore additional value thereto, but does not create Paper Co. (Del.) 80 Atl. 350, 351. a lien in favor of a person who performs serv- Where a tenant's property was sold unices with reference to personal property in der an agreement that the proceeds should be his possession as a mere servant. Michael deposited in a bank for the purpose of satisson v. Fish, 81 Pac. 661, 662, 1 Cal. App. 116. fying the landlord's and other claims out of

them, an equitable proceeding by the landlord PERSON WHO MANAGES

to satisfy his claim out of the deposit, in See Manager,

which the bank, the tenant, and other claim

« SebelumnyaLanjutkan »