Evening Republican, Volume 14, Number 9, Rensselaer, Jasper County, 11 January 1910 — Legal Information [ARTICLE]

Legal Information

When It Is a general rule that a discharge of the principal releases the surety, It Is held, in Gates vs. Tebbetts (Neb.) 119 N. W. 1120, 20 L. R. A. (N. S.) 1,000, that an exception to the rule exists when one becomes surety for a married woman, minor or other person incapable of contracting. That a public official who haa collected fees under statutory authority in violation of the constitution cannot be compelled to turn them over to the state, where the legislature has made no provision therefor, is declared in state, ex rel. McNary vs. Dunbar (Ore.) 98 Pac. 878, 20 L. R. A. (N. S.) 1,015. The plaintiff in a suit for malpractice who fully describes his Injury and the operation to which he was compelled to submit because of the defendant’s alleged failure properly to care for It, is held, In Capron vs. Douglas, 193 N. Y. 11, 85 N. E. 827, 20 L. R. A. (N. S.) 1,003, to waive the statutory privilege of excluding from evidence the testimony of the surgeon performing the operation. If any officer whose duty it shall be to summon a jury or to select and summon talesmen when the regular panel of jurors has been exhausted, shall be guilty of unlawful, partial or Improper conduct In selecting or summoning such jurors or talesmen, he Is held, in United States vs. Hargo (Okla.) 98 Pac. 1,021, 20 L. R. A. (N. S.) 1,013, to commit an act of gross contempt of court and to be punishable for such conduct.