Police Power. Department Stores

1900 The Virginia Law Register  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. COVENANTS RUNNING WITH LAND.-A covenant in a deed for a railroad right of way as to the number of trains that shall be run on the road is held, in Doty v. Chattanooga Union R. Co. (Tenn.), 48 L. R. A. 160, to be a covenant running with the land, where it constitutes the chief consideration of the contract, and an action to enforce it against the subsequent purchaser of the railroad is sustained, although the covenant had been broken by the original grantee before the transfer. NATIONAL BANKS-LIEN ON SHARES.-The right of a national bank to an equitable lien upon its shares of stock is denied in Buffalo German Ins. Co. v. Third Nat. Bank (N. Y.), 48 L. R. A. 107 , where there was a by-law providing that any liability of the stockholder should be a lien on the stock, but this was in conflict with the provisions of the national banking law. The fact that such bylaw was printed on the face of the stock certificate, so as to give notice to every taker, was held not to subject him to such a lien. LIMITATION OF ESTATES-CONDITIONS SUBSEQUENT-IMPOSSIBILITY OF PER-FORMANCE.-A will giving a grand-nephew an estate for the purpose of securing to him a liberal education, requiring him to finish a collegiate course, and providing that the property shall pass from him if he fails to do so through his own disinclination or incapacity or the indifference of his parents or guardians, with a trust to last until he is twenty-five years of age, is held, in Ellicott v. Ellicott (Md), 48 L. R. A. 58, to vest in him an equitable estate, subject to be devested by nonperformance of the condition as a condition subsequent, and the failure to finish his collegiate course because of his death is not sufficient to defeat the gift. POLICE POWER-DEPARTMENT STORES.-An ordinance prohibiting the sale of any meats, fish, or other provisions or any intoxicating liquors in any place of business where dry goods, cloth, and other specified goods are sold is held, in Chicago v. Netcher (Ill.), 48 L. R. A. 261, to be in violation of the constitutional guaranties of liberty and the protection of property, and not a valid exercise of the police power. With this case is a note on legal restrictions upon department stores.
doi:10.2307/1098890 fatcat:ntuhxlxtsnhrjnri3fciu6vhiy