Evidence-Same-Practice-Where Admissible for One Purpose but Not for Others.-If evidence is admissible for any purpose, it must be received, and the party against whom it is admitted, if it tends to mislead on some other question, is entitled to have it limited by instruction to the purpose for which it is admissible. Chicago, R. I. & P. R. Co. v. Clark. Ill. Sup. Ct., Nov. 20, 1883. 4 Leg. Adv. 313. Husband and Wife-Support.-The common law duty of a husband to support his wife is not absolute. He is bound to support her at their common home, and not under another's roof, unless his improper conduct has forced her to seek shelter elsewhere. If she abandons her home without just cause the right to support from her husband at once ceases. Spitler v: Spitler. Ill. Sup. Ct., Nov. 20, 1883. 4 Leg. Adv. 412. Insurance-Charter and By-Laws of Company part of Contract.—Provisions in the charter and by-laws of an insurance company are part of the contract of insurance, and changes in them do not affect policies previously issued, without the consent of the insured. Morrison v. Wis. Odd F. Mut. L. Ins. Co. Wis. Sup. Ct., Jan. 8, 1884. 18 N. W. Rep. 13. Jurisdiction-Insane Defendant-Guardian.—1. The general guardian of an insane defendant is authorized, and it is his duty when duly notified. to appear in court and defend for his ward. 2. A court by the service of its summons, acquires jurisdiction of the person of an insane defendant; and the failure to appoint a guardian ad litem, where the general guardian fails to appear and defend, does not render the judgment either void or voidable; it is at most only erroneous, for which the appropriate remedy is by proceedings in error, and not by an original action to vacate the judgment. McAllister v. Lancaster Co. Bank. Neb. Sup. Ct., Dec. 19, 1883. 18 N. W. Rep. 57. Municipal Corporation-Not Liable for Error in Judgment of Officer.A municipal corporation is not liable in damages for an error in judgment of its officers in providing means to carry off surface water, even where the means provided are an insufficient substitute for, and obstruct, natural drainage. Kennedy v. City of Pittsburgh. Pa. Sup. Ct., Nov. 5, 1883. 14 Pitts. Leg. J. (N. S.) 203. Negligence-Evidence-Habits of Person to Show He Exercised Due Care.-When a brakeman was killed while attempting to couple cars, no one being present or knowing how the accident occurred, in a suit by his personal representative to recover damages of the railway company, evidence of his prior habits as to care, prudence and sobriety is admissi- . ble as tending to prove that the deceased was prudent, cautious and sober at the time of the injury. But if there were witnesses who saw the transaction and can describe how the accident took place, such evidence would not be admissible. Chicago, R. I. & P. R. Co. v. Clark. Ill. Sup. Ct., Nov. 20, 1883. 4 Leg. Adv. 413. A Nuisance-slaughter House-Injunction.—A slaughter-house in or near a residence part of a city must be regarded as a nuisance, by reason of the smells emanating therefrom being injurious to health, and rendering impossible the enjoyment of the adjacent property. The fact that the business carried on in as cleanly a manner as such a business can be, is not a valid defense to a claim for abatement of a nuisance. If a slaughter house can be conducted in a manner that will not be a nuisance, the defendants should be allowed to offer proof thereof, and their rights should be then protected; if they fail to offer evidence or establish the fact, then a perpetual injunction against them should issue. Bushnell v. Robeson. Iowa Sup. Ct., Dec. 14, 1883. 17 N. W. Reporter, 888. Service by Publication-Strict Compliance with Statute Necessary-Collateral Attack of Judgment.-1. In obtaining constructive service of process by publication, a strict compliance with the method pointed out by the statutes must be observed. While experience demonstrates that this mode of giving jurisdiction of the person is often necessary, yet the courts are jealous of abuses in its application, and tolerate the omission of no material step required by law in connection therewith. 2. If the record, being offered in evidence, shows affirmatively that the statute regulating service by publication was not complied with, the finding by the court that service was duly had, is not conclusive. Such record stultifies itself, and is not protected by the rule that such findings are decisive of the question in collateral proceedings. Israel v. Arthur. Col. Sup. Ct., Dec. 4, 1883. 4 Col. L. Rep. 348. Statute-Retroactive-Legislative Power over Judicial Proceedings.— The legislature may, by statute, validate judicial proceedings where the statute is only aid thereof and tends to support the same by precluding parties from taking advantage of errors or irregularities which do not affect their substantial rights. But it cannot, by retrospective legislation, give vitality to previous judicial proceedings which were void for want of jurisdiction over the parties; (1) because this would be an exercise of judicial power; (2) because it would deprive parties of their "day in court." Israel v. Arthur. Col. Sup. Ct., Dec. 4, 1883. 4 Col. L. Rep. 348. Verdict-Nominal Damages.-Where a jury in positive terms finds all the facts which would entitle a plaintiff to substantial damages, and then awards only nominal damages, the verdict should be set aside for inconsistency. Cottrill v. Cramer. Wis. Sup. Ct., Jan. 8, 1884. 18 N. W. Rep. 12. Warranty-Contract-Reasonable Time.-1. To constitute a warranty neither the word "warranty," nor any equivalent, is indispensable. A clear and positive affirmation or representation of the quality of a thing sold made by a seller as part of a contract of sale, and relied upon by the purchaser, is a warranty. 2. Ordinarily, a question of reasonable time is for a jury. Application of this rule to particular facts of this case. Warder v. Bowen. Minn. Sup. Ct., Dec. 28, 1883. 17 N. W. Rep. 943. by stockholders of corporation against directors for mismanage- 18 right of for causing death by wrongful act not "asset" of estate 20 right of distributee vests at death of intestate......... 532 power to bind estate by promissory note-liability of sureties.... 795 .........594, 653 AFFIDAVIT— must be subscribed.......... 245 AGENCY- who must take notice of authority of municipal officers.............. 945 when declaration of, competent against principal............... how far acts in filling blanks binding on insurance company..... 806 847 ALIMONY-(see Divorce.) .... 821 pendente lite........ .... 137 945 28 founded on duty of husband to support wife............ AMENDATORY ACT-- whether applicable to pending road improvement proceeding..... 711 ANCIENT DEEDS- the proof of their existence thirty years ago. APPEAL- 358 945 141 final judgments only appealable ..... ....... 137 effect of, on judgment lien on real estate ........................... ............................... ..55, 112 495 246 irregularities in proceedings--what are jurisdictional-waiver..... 945 192 whether recovery of general damages for, bar to action on bond.. 245 compromise-presumption of authority... contract for compensation, champerty.. champerty champertous agreement............ 92 789 789 845 349 137 545 fees-prospective benefits in determining value of services withdrawal-duty of court as to postponement of trial-error...... 273 165 917 109 401 confidential relation... 245 forfeiture of fee........... 245. privileged communication....... employment-compensation-special contract 817 493 claim for services-statute of limitations.................. BEER- presumed to be intoxicating liquor........ BILL OF EXCEPTIONS- when must be signed BILL OF EXCHANGE- acceptor's liability..... BLACK, JEREMIAH S.— obituary notice of........... BOND-(see Municipal Bonds.) liability of clerk of court on, for breach of duty.. The American Decisions...... The Eclectic Federal Decisions Elements of the Law of Domestic Relations, and of Employer and 392 483 785 735 Leading Cases in the American Law of Real Property............690, |