Cases Argued and Decided in the Supreme Court of Mississippi Volume 114

Cases Argued and Decided in the Supreme Court of Mississippi Volume 114

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...right to sell his labor. 6 Words & Phrases, 5715. "The property of the capitalist is his gold and silver, his bonds, credit, etc., for in these he deals and makes his living. For the same reason, the property of the merchant is his goods. Every man's trade or profession is his property because it is his means of livelihood; because through its agency, he m'aintains himself and family and is enabled to add his share towards the expenses of maintaining the Government." Jones v. Leslie, 61 Vash. 107, 112 Pac. 81; Ann Cases 1912, B. 1158. ' I have been unable to find any authority in any state involving the precise question in this case. It is my opinion that the purpose of this statute was to punish the obtaining by false pretense the property of another. It cannot be successfully argued that the property must be something tangible. The services of a lawyer, or of a doctor, are just as much property as a stock of goods or any other kind of property that might be mentioned. Thousands of contracts have been drawn and considered valid and binding wherein the professional services of a lawyer, or the labor of another, was the thing of exchangeable value for which the consideration was given. By what course of reasoning should it follow that the appellee has not violated the law in' obtaining the labor or professional service of the _doctor, while if he had obtained the doctor's horse or automobile by these same representations, he would, of course, come within the statute. I am unable to distinguish any principle between the two illustrations. I think the test applicable to section 1166 is, whether the property obtained by reason of the false pretenses has an exchangeable value and not whether it is a more

Product details

  • Paperback | 332 pages
  • 189 x 246 x 18mm | 594g
  • United States
  • English
  • black & white illustrations
  • 1236784472
  • 9781236784476