Page:Federal Reporter, 1st Series, Volume 4.djvu/380

 866 FBÇSBAIi BiS'OBtr^K* �- It is plaÎQ, therefore, that, ia this case the plaintiff, in her .petition for .divorce, made statements which were not true, yet would defeat her recoyery on this policy. It not is difficult to apply the rule of public policy, call it an estoppel if you will, to a case ■where the principle of protecting the courts againat false swearîng is called for by the facts developed; but, on the other hand, when the proof tends to show an unfortunate misstatement of the facts, it becomes a matter of serious con- eei-nioôo direct the jury that they shall not hold the party to the misstatement without a clear case which calls for sueh punishment. On the whole, I am satisfied with the verdict, and overrule the motion for a new trial. ���Eeclamation District No. 108 ». Hagab. (Circuit Court, D. Califorrda. November 8, 1880.) �1. AssEssMBîiT — Due Peocbss oi" Law. — Whenever, by the laws of « �State, or by state authority, a tax, assessment, servitude, or other bur- den is imposed upon property for public uses, -whether it be for the •whole State or of some more limitecl portion of the community, and those laws provide for a mode of coniinning or contesting the charge thus iniï)osed iH the ordinary courts of justice, with such notice to the peraon, or such proceeding in regard to the property, as is appropriate tp the nature of the case, the judgment in such proceeding cannot be said to deprive the owner of his property without due process of law, however obnoxioiis it may be tp other objections. Davidson v. New Orleans, 96 U. 8. S7, 105. �2. Samb — SwAMP Lauds— Statutb.of OAiiipoBKiA. — A statute of Califor- �nia, relating to the reclamation of swamp lands, provided that com- missioners should "jointly view and assess, upon eaoh and every acre to be reclaimed or beneflted thereby, a tax proportionate to the whole expense, and to the beaeflt which would resuit from such works.", Edd, that this. provision certainly seemed to requir^ an apportionment of assessments according to benefits. �S. Samb— Samb — Samb— Constbuction.— i7(!Ï<;,/Mrt^er, that the question was one of constitutional law, arising wholly under the state consti- tution, and therefore concluded by the decisions of the supreme court of the state. ����