To the Editor of the Central Law Journal:

In your issue of the 30th ult. some comment is made upon the tendency of recent decisions to re. strict the privilege of newspaper publication concerning pending cases. In that connection I call your attention to the case of Morse v. Montana Ore Purchasing Company, decided by the United States District Judge Hiram Knowles on December 10, 1900, and reported in 105 Fed. Rep. at p. 337 et seq., where a new trial of a case involving many hundred thousand dollars was granted because of the publication of certain articles in a local newspaper during the trial of said cause. From an examination of the opinion in this case it will be seen that Judge Knowles takes the broad view that such publication constitutes good ground for a new trial, irrespective of whether the same actually influenced the jury sitting in the cause, provided it had that tendency. This is undoubtedly in line with the great weight of modern authority on the subject.

Magistrate-The charge is interfering with an officer. Roundsman McCarthy, you will please state exactly what the defendant did.

Roundsman McCarty-Oi wor passing his fruit sthand, yer anner, an' Oi shwoiped a banana, when th' dago troid t' tek it from me, yer anner."

"The fact is," explained the police official, "I have made a mistake, and the reporters are asking all sorts of embarrassing questions. What ought I to do?" The lawyer looked at him in astonishment. "How long have you been in politics?" he asked. "Don't you know nothing at all about the game? Why, the only thing for you to do is to get on your dignity and haughtily decline to talk for publication.”

A New York lawyer tried jumping from a railroad train running at the rate of fifty miles an hour. Strange to say, he didn't move for a new trial.

One of Mr. Fred. W. Lehmann's cases having been decided by Division No. 1 of the Missouri Supreme Court, which consists of four judges, was transferred to the court en banc for lack of unanimity in the decision. When the distinguished St. Louis attorney arose to argue the case en banc he prefaced his remarks by saying that he did not controvert the fact that the decision rendered in Division No. 1 was wholly impartial, "because," he said, "there were just two judges on each side of the case, and Solomon himself could not have decided justice more equally between the parties litigant, or rendered a more impartial decision."

Lord Russell of Kilowen (when Sir Charles Russell) was once examining a witness. The question was about the size of certain hoof prints left by a horse in sandy soil.

"How large were the prints?" asked the counsel. "Were they as large as my hand?" holding up his hand for the witness to see.

"Oh, no," said the witness, honestly, "it was just an ordinary hoof."

Then Sir Charles had to suspend the examination while everybody laughed.

"Gruggs walks as if he owned the whole blamed town." "Yes; and he ain't even a police commissioner."

BOOKS RECEIVED.

La Tradition Romaine Sur La Succession Des Formes Du Testament Devant L'Histoire Comparative. Par Edouard Lambert, Professeur D'Histoire Du Droit, Charge De Lenseignement Du Droit Civil, Compare a L'Universite De Lyon. Paris V. Girard & E. Briere, Libraires-Editeurs. 16 Rue Souflot, 16. 1901.

The American State Reports, Containing the Cases of General Value and Authority, Subsequent to those Contained in the "American Decisions" and the "American Reports," Decided in the Courts of Last Resort of the Several States. Selected, Reported, and Annotated. By A. C. Freeman, and the Associate Editors of the "American Decisions." Vol. LXXIX. San Fran cisco: Bancroft-Whitney Company, Law Pub lishers and Law Booksellers, 1901. Sheep. Price, $4.00. Review will follow.

WEEKLY DIGEST.

Of ALL the Current Opinions of ALL the State and Territorial Courts of Last Resort and of

1. ADMIRALTY-Liability of Charterer or Owner for Collision.-Liability for damage caused by negligence of the officers and crew of a vessel, who are appointed and paid by charterers, is not, as between the charterers and the owners, imposed upon the owners by a clause of the charter party requiring the owners to "pay for the insurance on the vessel."-THE BARNSTABLE, U. S. S. C., 21 Sup. Ct. Rep. 684.

2. APPEAL-Decision Not Final-Order for Remanding of Case to State Court.-A decision of the circuit court of appeals reversing a decree of the circuit court which denied a motion to remand a case to the state court, and ordering the circuit to remand the case, is not appealable to the Supreme Court of the United States under the act of Congress of March 3, 1891, ch. 517, as such a decision is not a final judgment.-GER. MAN NATIONAL BANK V. A. J. SPECKERT, U. S. S. C., 21 Sup. Ct. Rep. 688.

3. APPEAL-Venue-Change.-Where a judge, în vacation, of his own motion ordered a cause transferred to another county, the court to which the venue was changed having jurisdiction of the subject-matter, plaintiff waived any objection to the change by vol. untarily appearing and proceeding with the trial.CHENEY V. CRANDELL, Colo., 65 Pac. Rep. 56.

Liabil

4. ASSIGNMENT FOR BENEFIT OF CREDITORS ity of Assignee Stock in Insolvent Bank.-Under Rev. St. U. S. § 5151, making the stockholders of national banks individually responsible for the debts of the bank, to the extent of their stock, an assignee for the benefit of creditors of a stockholder is bound to pay the assessment levied by the receiver of the bank after its insolvency, though it is levied after the assigment.-GRAHAM V. PLATT, Colo., 65 Pac. Rep. 30.

5. ASSIGNMENTS FOR BENEFIT OF CREDITORS — Omissions in Deed-Misstatements.-Where defendants exaggerated and willfully misstated the value of their property, but there was no evidence that in the execution of the assignment for creditors in question there was any fraud on account of these misstatements, nor anything in the conduct of the defendants to show fraud, there was no error in refusing to submit the question of fraud to the jury.-FRIEDENWALD CO. v. SPARGER, N. Car., 39 S. E. Rep. 64.

6. BILLS AND NOTES-Payment-Pledge.-A pledgee of a negotiable promissory note, who has received the proceeds of a collateral note and applied the same upon the debt secured by such collateral note, in ignorance of the fact that the sum so received and applied was the proceeds of such note, and has not altered his position by reason of such ignorance, cannot thereafter enforce the payment of such collateral note.-SECOND NAT. BANK OF WINONA, MINN., v. SPOTTSWOOD, N. Dak., 86 N. W. Rep. 359.

being the meander line of a stream or lake, so that there is more land in the east half than there is in the west half.-EDINGER V. WOODKE, Mich., 86 N. W. Rep. 397.

8. CHATTEL MORTGAGES - Breach-Fraud-Maturity of Debt.-Where plaintiff induced defendant to execute a mortgage by promises to extend time for the payment of indebtedness, and to furnish him further goods and extend him further credit, plaintiff at the time intending not to keep any of such promises, but to immediately enforce such mortgage, there was a fraudulent misrepresentation of an existing fact, which would avoid the mortgage.-CROWLEY V. LANGDON, Mich., 86 N. W. Rep. 391.

9. CHATTEL MORTGAGES - Injunction Restraining Foreclosure.-Under Code, § 4283, providing that the right of a chattel mortgagee to foreclose may be contested by any one interested, and the proceeding transferred to the district court, for which purpose an injunction may issue, a chattel mortgagee claiming a prior lien is not entitled to an injunction to restrain the foreclosure of another chattel mortgage, as an adequate remedy at law, by replevin or garnishment, existed against the second mortgagee, such mortgagee being solvent.-McCORMICK HARVESTING MACH. Co. v. DE LA MATER, Iowa, 86 N. W. Rep. 365. 10. CHATTEL MORTGAGES - Private Sale-Validity.Section 4520, Rev. St., provides, inter alia, that there shall be but one action for the recovery of any debt secured by mortgage upon personal property, while section 3390, Rev. St., provides that a chattel mortgage may be foreclosed by notice and sale as in subsequent sections provided, or by an action in the district court. The Revised Statutes thus provide two methods or proceedings for the foreclosure of a chattel mortgage, and those methods are exclusive.-REIN V. CALLAWAY, Idaho, 65 Pac. Rep. 63.

11. CONSTITUTIONAL LAW Title of Act-Trading Stamps.-The title of Act No. 35 of 1900 is both inadequate and misleading, and fails to express the object of any provision in the act which is susceptible of independent enforcement. The act, therefore, contravenes article 31 of the constitution, and is void.-STATE V. WALKER, La., 29 South. Rep. 973.

12. CONTRACTS-Contract Partly Performed-Waiver of Further Performance.-An action of covenant on a contract to recover the price of articles delivered under it may be brought, although there has not been full performance, where that which has been deliv. ered has been accepted in part performance, and further performance has been waived.-DISTRICT OF COLUMBIA V. CAMDEN IRON WORKS, U. S. S. C., 21 Sup. Ct. Rep. 680.

13. CONTRACT-Written-Parol Evidence.-Held, that a prior or contemporaneous oral agreement, made by a mortgagee or his agent, that upon payment of two notes the mortgage would be released, is not admissible in evidence when the mortgage provided absolutely that it should be security for four notes.-FIRST NAT. BANK OF LANGDON v. Prior, N. Dak., 86 N. W. Rep. 362.

14. CONTRIBUTORY NEGLIGENCE-Railroad Injury.Where plaintiff's intestate seated himself on the end of a railroad tie while acting as flagman, and, while asleep thereon, was struck by defendant's engine, the whistle of which had been sounded and the bell rung when the engineer discovered the deceased, and the brakes applied when it was seen the deceased did not move out of danger, a nonsuit was properly granted, as deceased was guilty of contributory negligence.STEWART V. SOUTHERN RY. Co., N. Car., 39 S. E. Rep.

60.

15. COUNTIES-Support of Sick Person-AllowancesDiscretion. -Mills' Ann. St. § 3391, provides that when any person not a pauper shall fall sick, and be unable to pay his board or medical attendance, the county commissioners shall give such assistance as they may deem necessary, and may make such allowance there

for as they may deem just. Plaintiff furnished such attendance to a person, and the board made him an allowance, whereupon he brought an action for a larger amount. Held that, in the absence of a showing that the board had abused its discretion in making the allowance, plaintiff could not recover.-BOARD OF COMRS. OF RIO GRANDE Co. v. LEWIS, Colo., 65 Pac. Rep. 50.

16. COUNTIES-Warrant Acceptance - Estoppel.Where a county, on issuing a warrant for a claim allowed in part, customarily indorsed it on the back as in full satisfaction of the claim presented, and the board reduced plaintiff's claim, and issued the customary warrant for a part of it, and plaintiff accepted it with knowledge of the custom and without protest, he was estopped from suing for the balance.-BOARD OF COMRS. OF LA PLATA Co. v. MORGAN, Colo., 65 Pac. Rep. 41.

17. CREDITORS' BILLS - Fraudulent Preferences by Insolvent Corporation-Right of Creditors to Share Pro Rata.-Preferences by confessed judgments and assignments, which are constructively, but not actually, fraudulent against other creditors of an insolv. ent corporation, though set aside in a suit by the other creditors, will not preclude those who have taken the invalid preferences from sharing with the unsecured creditors pro rata. - UNITED STATES RUBBER Co. V. AMERICAN OAK LEATHER CO., U. S. S. C., 21 Sup. Ct. Rep. 670.

18. CRIMINAL LAW - Attempt to Assist Prisoner-Information.-A conviction for conveying into jail instruments useful to enable a prisoner to escape, as pro. hibited by Comp. Laws 1897, § 11,315, cannot be sus. tained on evidence that saws and flles concealed in articles sought to be delivered to prisoners were brought into the sheriff's office in the jail building, but were discovered by him, and not delivered to the prisoners.- PEOPLE V. WEBB, Mich., 86 N. W. Rep. 406. 19. CRIMINAL TRIAL-Juries Exclusion on Account of Race or Color.-Refusal to quash an indictment, or to sustain a challenge to the array of grand and petit jurors, because no member of the race to which defendant belonged was on the grand jury which found the bill of indictment, is not error, no discrimination against defendant's race being shown.-STATE V. BROWNFIELD, S. Car., 39 S. E. Rep. 3.

20. CRIMINAL TRIAL-Murder-Verdict.-On a trial for murder, all 12 of the jurors must concur to find a verdict for manslaughter. Nine jurors concurring, cannot find a verdict.-STATE V. BIAGAS, La., 29 South. Rep. 971.

21. CRIMINAL TRIAL Remarks of Counsel.-Where the accused in a criminal trial considers that the conduct or language of the prosecuting officer is improper, he should invoke the action of the trial judge. Failing to do so, he will not be heard to complain in this court.-STATE V. PROCELLA, La., 29,South. Rep. 967.

22. EXECUTORS AND ADMINISTRATORS — Claim-Res Judicata.-Where, on the motion of an executrix to "disallow, dismiss, and quash" a claim filed against the estate, and all proceedings with reference to its presentment, it was adjudged that all proceedings "be, and the same are hereby, quashed and held for naught," such judgment will be considered as rendered on a point involving the procedure, since it does not appear on what ground the judgment was rendered, and hence it is not res judicata, so as to bar an. other action on the same claim.--PRUITT V. MULDRICK, Oreg., 65 Pac. Rep. 20.

23. EXECUTORS AND ADMINISTRATORS-Claims-Services. Claimant brought an action against an estate to recover for services rendered deceased, with whom he lived during certain years of his minority, and the court charged that it was not necessary to show that, a given time before the rendition of the services, a contract was entered into on a particular day, on the one part, to perform services in order to authorize a

recovery, but that the jury must be satisfied, by a fair preponderance of the evidence, that the services, if any, were performed by claimant in the expectation that they would be paid for, and that deceased received the benefit thereof expecting to pay for them. Held, that such instruction was correct.-HOOKER V. VAN SLAMBROOK, Mich., 86 N. W. Rep. 402.

24. EXECUTORS AND ADMINISTRATORS-Interest on Funds-Final Discharge-Fraud.-A court of equity will not set aside a final decree discharging an administrator for failure to account for interest on funds belonging to the estate, and used by him in his own business, without disclosing such use in his final report, when such report indicates accurately a large balance constantly in his hands, and, notwithstanding this, those interested in the estate consent to his discharge without investigation.-TUCKER V. STEWART, Iowa, 86 N. W. Rep. 371.

25. FEDERAL JURISDICTION-Federal Question-Other Grounds Broad Enough to Support Judgment.-A decision by a state court that a corporation is estopped to set up the invalidity of a statute, even if it is unconstitutional, by the action of its board of directors, cannot be reviewed on writ of error from the Supreme Court of the United States to the state court, since the non-federal ground is broad enough to support the judgment.-HALE V. LEWIS, U. S. S. C., 21 Sup. Ct. Rep. 677.

26. GARNISHMENT-Liability of Corporation-Fraudulent Conveyance.-Where a debtor is one of the organizors of a corporation, and transfers his stock of goods to the corporation in exchange for its stock, his creditors cannot attach the corporation as garnishee, on the grounds that the transfer of the property by the debtor and the receipt of the goods by the corporation were fraudulent as to creditors, since the property, in its new form (the stock), is still subject to levy and sale to satisfy the debt owing the creditors.— PLAUT V. BILLINGS DREW Co., Mich., 86 N. W. Rep. 398. 27. HIGHWAYS-Land Companies-Irrevocable Dedication of Streets.-Where an improvement company laid off land into numbered city lots and streets, mak. ing a plat thereof, and sold lots as marked and numbered on the plat, with reference thereto in the deeds, such acts constituted an irrevocable dedication of the streets in favor of purchasers of the lots against the improvement company's successors in interest, who had notice of the plats and sales made thereunder, though no registration of the plat was made.-COLLINS V. ASHEVILLE LAND CO., N. Car., 39 S. E. Rep. 21.

28. LANDLORD AND TENANT Farm Lease-Re-entry by Landlord-Lessee's Right to Crops.-Under a lease of farm land for the sole purpose of raising crops, the land had no building, was inclosed by fences, and was occupied by the lessee to put in the crops. The lease contained no express covenants as to husbandry. The lessor claimed to have repaired the fences, and forbade the lessee to take off the crops. The lessee harvested the crops, and the lessor replevied them. Held, that the repairing of the fences by the landlord did not justify the conclusion that he had taken possession.-SOMERS V. LOOSE, Mich., 86 N. W. Rep. 386.

29. LANDLORD AND TENANT-Summary Remedy of Forcible Entry and Detainer.-The fact that plaintiff received rent in advance from a prospective tenant does not affect her right to possession of the premises as against the present tenant, who refused to vacate after the expiration of his term on notice to quit.TWISS V. BOEHMER, Oreg., 65 Pac. Rep. 18.

30. LIBEL AND SLANDER Damages.-In fixing dam. ages to be awarded for slander, the court will take into consideration the fact that the objectionable words were uttered in the heat of passion by one who for the time believed that he had a grievance, and that it was probably so understood by those who heard him.-GERMANN V. CRESCIONI, La., 29 South. Rep. 968. 31. LIBEL AND SLANDER - Proof of Publication-Evi dence. Upon proof of the publication of the libel, the

burden is upon the defendant to show that the same was published upon grounds for belief of its truth, and for good motives to justify the same, which presents a question of fact for the jury, rather than for the court.-STATE V. SHIPPMAN, Minn., 86 N. W. Rep. 431.

32. LIMITATIONS-Action on County Recorder's Bond. -Code Civ. Proc. § 338, subd. 1, prescribing a threeyears limitation to action "on liability created by stat ute," and not section 337, prescribing a four-years limitation to action on a written undertaking, applies to an action on a county recorder's official bond because of his failure to collect and turn over legal fees.SONOMA COUNTY V. HALL, Cal., 65 Pac. Rep. 12.

33. MASTER AND SERVANT-Injury to Railroad Employee-Negligence of Fellow-Servant.-The plaintiff, while at work clearing a wrecked train from the defendant's railway tracks, was injured by the alleged negligence of his fellow-servants, which caused the roof of a disabled car to fall upon him. Held that, upon the evidence in this case, it was a question for the jury whether or not the work was being executed under such conditions and circumstances as to expose the plaintiff to the pecufiar hazards of railroad service, within the meaning of Gen. St. 1894, § 2701, making railway companies liable to an injured employee for the negligence of his fellow-servant.-KRUEZER V. GREAT NORTHERN RY. CO., Minn., 86 N. W. Rep. 413.

34. MASTER AND SERVANT - Railroads-Assumption of Risk-Doctrine Inapplicable.-Priv. Laws 1897, ch. 56, §§ 1, 2, provide that any employee of a railroad company, who shall suffer injury, or the personal representative of any such employee who shall have suffered death, in the course of his employment, by any defect in the machinery, ways, or appliances of the company, shall be entitled to maintain an action against such company. Held, that the doctrine of assumption of risk was rendered inapplicable by the statute in the case of an engineer injured through the company's failure to affix handholds to the tender, of which defect the engineer was aware.-COLEY NORTH CAROLINA R. CO., N. Car., 39 S. E. Rep. 43. 35. MASTER AND SERVANT - Risk Vice-PrincipalNegligence-Evidence.-Plaintiff and three other employees of the defendant railway company were in charge of W, and plaintiff was injured while the gang were attempting to load a heavy timber on a car under W's orders. Held that, in the absence of evidence that W had authority to discharge plaintiff, the defendant was not liable for the negligence of W as a vice-principal.-BRYAN v. SOUTHERN RY. Co., N. Car., 38 S. E. Rep. 914.

V.

36. MECHANICS' LIENS — Assignment - Complaint.— In an action to foreclose mechanics' liens on several assigned claims, an allegation that the claims and demands of the persons entitled to perfect liens had been assigned to plaintiff constituted a sufficient averment of the assignment, without alleging in terms an assignment of the right to file liens for the several demands, since the assignment of the claim carried with it the right to the lien.-EAGLE GOLD-MIN. Co. v. BRYARLY, Colo., 65 Pac. Rep. 52.

37. MINING CLAIM Ejectment - Relocation in Pursuance of Conspiracy.-An action of ejectment to recover mining property cannot be maintained on the ground that defendants have acquired it by a reloca. tion in pursuance of a conspiracy with plaintiff's partner, whereby that partner, who was not one of the relocators, ceased to do the necessary work on the mine and abandoned its possession, since these facts, whatever equities they may raise as against the defendants, give plaintiff no legal title to the mine or any part thereof.-LOCKHART V. JOHNSON, U. S. S. C., 21 Sup. Ct. Rep. 665.

Foreclosure Purchase by Junior

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40. MUNICIPAL CORPORATIONS-Defective SidewalkNotice to Municipality.-The provision of the statute requiring notice of an injury caused by a defective vil. lage sidewalk to be served on the village within a certain time, may be waived by the town council.-FosTER V. VILLAGE OF BELLAIRE, Mich., 86 N. W. Rep. 383. 41. MUNICIPAL CORPORATIONS — Injury on Streets Defective Sidewalk-Notice to City. Rev. Charter Grand Rapids, tit. 4, § 8, which is not retroactive, and which requires notice of an injury arising from a defective sidewalk to be presented to the common council within sixty days, and requires suit to be brought within one year after the council has had reasonable time to investigate the claim, does not apply to a claim for injuries received before the charter went into effect. - BROFFEE V. CITY OF GRAND RAPIDS, Mich., 86 N. W. Rep. 401.

42. MUNICIPAL CORPORATIONS-Railway FranchiseAcceptance-Liquidated Damages-Deposits.-A street railway franchise provided that it should be void unless accepted within ten days unless the grantee should deposit with the clerk of the village within 30 days after acceptance a certified check for $2,000, returnable on completion of the railway within the time provided, and in case of a default to be forfeited to the village. The ordinance required construction and equipment on or before November 10, 1897; otherwise the ordinance was to be void, at the option of the vil lage board. Plaintiff's assignor sought and obtained a franchise under the ordinance, and complied with the terms thereof by depositing the $2,000 check, but never entered on the construction of the road. Held, that the village was entitled to retain the amount deposited as liquidated damages.-WHITING V. VILLAGE OF NEW BALTIMORE, Mich., 86 N. W. Rep. 403.

43. NUISANCE-Per Se-Abatement.-A privy is not a nuisance per se, but may become so under some circumstances. The question whether it is a nuisance is a question of fact.-TEINEN V. LALLY, N. Dak., 86 N. W. Rep. 356.

44. PARTITION-Commissioners-Powers -Unauthorized Sale. Where a decree of sale for partition was made, and four commissioners appointed to make the sale, but no further action was ever taken by the court, a deed by one of the commissioners never reported to or confirmed by the court, conveyed no title. -VANDERBILT V. BROWN, N. Car., 39 S. E. Rep. 36.

45. PARTNERSHIP-Partners-Open Account - Interest.-Charges of interest on balance of account between partners or joint debtors are not allowable in the case of a continuous open account without any settlement or balance being ascertained. - MCFARLAND V. MCCORMICK, Iowa, 86 N. W. Rep. 368.

46. PLEADING AND PRACTICE-Jury-Verdict.-A finding by a jury expressed in the words, "We, the jury, find for the plaintiff nominal damages," without naming any amount, is not a lawful verdict.-SELLERS V. MANN, Ga., 39 S. E. Rep. 11.

47. PLEADING AND PRACTICE-Justices of the PeaceService of Sammons-Sufficiency.-A summons and warrant of attachment were sued out and issued by a justice of the peace December 6, 1898. The summons

was returnable December 10. 1898. and the warrant

service by publication.

The publication of the war. rant was made for four weeks, as required by Code, § 350. On the return day of the warrant the justice tried the action, the defendant not appearing, and rendered judgment for plaintiff. Held, that the judgment was void, the service of summons not being sufficient, under sections 214, 217-219, directing that service of summons shall be made by delivering a copy thereof, or by publication, when the person on whom service is to be made cannot be found within the state; nor was it rendered sufficient by publication of the warrant of attachment.-DITMORE V. GOINS, N. Car., 39 S. E. Rep.

61.

48. PLEADING AND PRACTICE-Misconduct of Jurors. -In a personal injury action two jurors, without the knowledge of the court, visited a railroad yard and examined a car and track not involved in the accident, for the purpose of testing the credibility of a witness. Held, that under the circumstances the trial court was justified in granting a new trial on the ground of misconduct of the jurors.- PIERCE V. BRENNAN, Minn., 86 N. W. Rep. 417.

49. PRINCIPAL AND AGENT - Estoppel to Deny.. Where a party purchases a promissory note, and permits the payee thereof to collect all interest, as well as the principal, and fails to notify the maker of such note of his ownership, he is estopped from denying agency after the note has been fully paid.-MORGAN V. NEAL, Idaho, 65 Pac. Rep. 67.

50. RAILROADS-Lease-Liability of Lessor for Lessee's Negligence. — - A railroad leasing its road to another company is liable for injuries caused by the lessee's negligence in the operation of the road, in the absence of any evidence showing a release from such liability. PERRY V. WESTERN NORTH CAROLINA R. CO., N. Car., 39 S. E. Rep. 27.

51. REAL PROPERTY-Boundaries-Property Included. -A devise giving "all the lands included under the name of the Arnold, the Geer and the Jones lands, all east of the R road," passes no part of the Arnold land west of said road.-PEEBLES V. GRAHAM, N. Car., 39 S. E. Rep. 24.

52. SALES-Conditional Machinery Personal or Real Property.-Where machines sold by plaintiffs under a written contract that, until paid for, the title should remain in the vendor, were placed by the vendee in a building which he had purchased of defend. ant under a contract that, in event of failure to pay the purchase price, defendant was entitled to a surrender of the property, with all improvements, but were not attached to such buildings, such machines did not become a part of the realty.-HARRIS V. HACKLEY, Mich., 86 N. W. Rep. 389.

53. SCHOOL DISTRICTS-Directors — Right to OfficeMandamus.-Plaintiff alleged that at a regular school election he received a majority of the votes for director. The defendants, members of the school board, refused him a certificate of election, or to recognize him as a member of the board. They claimed the office vacant, and had called another election to fill the vacancy. Held, that the complaint did not state a cause of action against the school district, since the district was not responsible for and could not control any of the wrongful acts complained of.SCHOOL DIST. NO. 15, IN PHILLIPS Co. v. FLANIGAN, Colo., 65 Pac. Rep. 24.

54. SCHOOL DISTRICTS-Orders-Guaranty of School Officers. Where an order purports upon its face to be issued by a school district, and is signed by the school officers, in the ordinary place for signatures, and at the left, in fine print, are the words, Issued by authority of officers of said district, and payment guar antied," and a space left underneath for the signatures of the guarantors, held, that the purchaser took the order subject to the authority of the school district to issue.-BAILEY V. TOMPKINS, Mich., 86 N. W. Rep. 400. 55. STREET RAILROADS Interference with TracksInjunction.-A street railway company which has con

structed, and is legally operating, a line of railway in the streets of a city, is possessed of such a property interest as gives it a legal right to maintain an appli cation to restrain a similar company from interfering with its line of tracks already laid, and from constructing a line of road over its private property with out authority of law. Tɔ such an application the city is not a necessary party defendant.-ATLANTA RY. & POWER Co. v. ATLANTA RAPID-TRANSIT CO., Ga., 39 S. E. Rep. 12.

56. TAXATION-Assessment - Foreign CorporationsSteamboat Lines.-Where a tax is laid on the capital stock of a non-resident steamboat corporation oper ating within a state, such proportion of the whole value of its capital stock as the value of its tangible property within the state bears to the value of all its tangible property can be taxed as capital stock within the state.-COMMISSIONERS OF BEAUFORT Co. v. OLD DOMINION S. S. Co., N. Car., 39 S. E. Rep. 18.

57. TAXATION-Exemption.-Where a ditch company made deeds vesting in consumers the right to the perpetual use of a certain quantity of water, the whole system to be turned over to the holders of the water rights when the practical carrying capacity of the ditch should be disposed of, but the title was retained, and the company had not sold all its water rights, the ditch was not exempt from taxation, under Const. art. 10, § 3, and Mills' Ann. St. §§ 2397, 3766, exempting ditches, canals, etc., from taxation when owned and used by individuals or corporations, so long as they shall be owned and used exclusively for irrigating purposes, but not where the water is sold for the purpose of deriving revenue.-MURRAY V. BOARD OF CoMRS. OF MONTROSE Co., Colo., 65 Pac. Rep. 26.

58. TAXATION-Foreign Bank Balance.-Where there was a balance to the credit of a California corporation in a New York bank, such balance due was properly taxed to the corporation in California.-PACIFIC COAST SAV. Soc. v. CITY AND COUNTY OF SAN FRANCISCO, Cal., 65 Pac. Rep. 16.

59. TAXATION-Tax Sale-Purchaser-Tax Certificate -Assignment.-Mills' Ann. St. § 3888, provides that any person may deposit the amount due on a tax cer tificate, where the property has been bid in by the treasurer for the county, within a certain time, where upon the certificate shall be assigned to such person. Section 3898 provides that such certificate shall be as signable by indorsement. Held, that an assignment of a certificate to property bid in by the treasurer by writing on the back and attaching a formal assign ment under seal to the face thereof was sufficient.BOARD OF COMRS. OF RIO GRANDE Co. v. WHELEN, Colo., 65 Pac. Rep. 38.

60. TRUST DEED - Payment by Trustee - Interest.Where the president of a corporation held property in trust as security for the payment of its indebtedness to him, with the right to apply the rents and profits on such indebtedness, he was entitled to interest thereon up to the time that the funds in his hands were sufficient to meet his claims.-WILLIAMS V. DES MOINES LOAN & TRUST CO., Iowa, 86 N. W. Rep. 366. 61. VENDOR AND PURCHASER - Mistake in Convey. ance. Where a purchaser of land at a foreclosure sale is in possession at the time a third party acquires a warranty deed thereto from an adverse claimant, such grantee cannot claim title as an innocent pur chaser.-BANKS V. ALLEN, Mich., 86 N. W. Rep. 383.

62. WATERS AND WATER COURSES-Irrigation-Ap propriation of Water.-An appropriator of water is not confined to an appropriation simply for the amount of land irrigated during the first year of his diversion. The extent of an appropriation of water is determined by the reasonable necessity for the use of the water, by the intention of the appropriator, followed by a reasonable diligence in executing such intent, and by the beneficial purpose for which the ap propriation is made.-ELLIOTT V. WHITMORE, Utah, 65 Pac. Rep. 70.