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WEEKLY DIGEST.

Of ALL the Current Opinions of ALL the State and Territorial Courts of Last Resort, and of the Supreme, Circuit and District Courts of the United States, except those that are Published in Full or Commented upon in our Notes of Im. portant Decisions and except those Opinions in which no Important Legal Principles are Diacussed of Interest to the Profession at Large.

ARIZONA.............. CALIFORNIA.

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KENTUCKY.. .........9, 12, 18, 24, 25, 30, 31, 33, 45, 56, 61 MAINE...... ....17, 40, 59 .....27, 38 .10, 21, 71 ........8, 23, 28 ........7, 15, 20, 41, 43, 44, 48 ..60 .2, 5 .3, 4, 32 PENNSYLVANIA, 1, 6, 19, 22, 26, 29, 35, 36, 39, 42, 62, 63, 65, 69, 70, 72

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1. AGENCY-Authority-Estoppel.-Defendant is not estopped to deny that its solicitor, who had an office with it, where he also, to plaintiff's knowledge, attended to law business other than defendant's had authority to make contracts, or receive money for it, though in communicating with her he used its letter heads, and sent his receipts and forged instruments, drawn on forms in use by it, and in one case sent her a mortgage, money for the purchase of which from defendant she had sent him. -HARVEY V. SCHUYLKILL TRUST CO., Pa., 49 Atl. Rep. 277.

2. AGENCY- Authority - Payment of Mortgage.Where a mortgagee permits his agent, who has invested his money for him, to retain the bond and mortgage in his possession, and collect interest thereon, he gives such agent apparent authority to receive payment of the mortgage after maturity, and is estopped from denying that he possessed such authority.-CENTRAL TRUST CO. OF NEW YORK V. FOLSOM, N. Y., 60 N. E. Rep. 599.

2. ASSIGNMENT FOR CREDITORS-Rights of Mortgagee -Rents of Realty.-Rents of land, accruing after an assignee for the benefit of creditors has taken possession of the assigned property, belong, as between general creditors and a mortgagee claiming under a mortgage which pledges the rents, issues, and profits of the land to the latter, when necessary to fully pay the obligation secured by the mortgage.-HUTCHINSON V. STRAUB, Ohio, 60 N. E. Rep. 602.

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the judgment rendered therein can have no effect beyond the appropriation of the attached property to the satisfaction of the debt and costs.-OIL WELL SUP. PLY CO. v. KOEN, Ohio, 60 N. E. Rep. 603.

5. ATTORNEY AND CLIENT — Summary ProceedingsPayment of Money-Stipulation.-Where, in a sum. mary proceeding to compel payment of money alleged to have been collected by an attorney, a stipu. lation is entered into for the amendment of the order of reference, so that differences between the parties as to moneys in the attorney's hands as business agent might be included, the stipulation authorizing the court to enter a decree on confirmation of the report of the referee, ordering the attorney to pay over any amount found due, binds such attorney in his character as business agent only to the extent of the determination of the amount due, the court having no power, even by consent, to compel by order, in. stead of judgment and execution, the payment of money in his hands as agent.-IN RE LANGSLOW, N. Y., 60 N. E. Rep. 590.

6. BENEFICIAL ASSOCIATION-Insolvency-Receivers. -The beneficiary of a beneficial association is, on the death of a member, a creditor of the association, so as to have the right to attachment.-FROWERT V. BLANK, Pa., 49 Atl. Rep. 302.

7. BILL OF LADING - Ownership of Goods - Hypoth ecation of Bill.-Evidence in this case considered, and held, that where a bill of lading was issued, but retained by the shipper, who hypothecated the same to a third party, after the shipment had been made, the evidence reasonably tends to support the finding of the trial court that it was the intention of the shipper to vest the title of the property in the consignee at the time the same was delivered to the carrier.-BANK OF LITCHFIELD V. ELLIOTT, Minn., 86 N. W. Rep. 453.

8. BONDS-Official Actions for the Use and Benefit of Third Persons.-Where the bond of a city marshal runs to the city, and not to the people, an action cannot be maintained for the use and benefit of a third person unless it is expressly authorized by statute.CITY OF EATON RAPIDS V. STUMP, Mich., 86 N. W. Rep. 438.

9. CARRIERS Duty to Drunken Trespasser on Freight Train.-Where the servants in charge of a freight train ejected a trespasser in a drunken and helpless condition in a deep cut on a dark night, and he was run over and killed by a train which followed, as the servants ejecting him had reason to believe that he would be, the railroad company was liable for his death, though the place at which he was ejected was the place at which he entered the train.-FAGG'S ADMR. V. LOUISVILLE & N. R. Co., Ky., 63 S. W. Rep. 580.

10. CARRIERS-Stop-Over Privilege.-Where plaintiff sued for an illegal arrest for the alleged non-payment of railroad fare, and there was evidence that plaintiff stopped over without securing a stop-over check, the rules of the company requiring conductors to issue stop-over checks was admissible.-DIXON V. NEW ENGLAND R. R., Mass., 60 N. E. Rep. 581.

11. CONSTITUTIONAL LAW-Validity of Act Establishing City Court.-Since Code, tit. 3, ch. 6, authorizing the establishment of city courts. and conferring on them concurrent jurisdiction with the district and circuit courts, operates uniformly on all persons within the relations and circumstances provided for, it does not violate Const. art. 1, § 6, requiring all laws of a general nature to be of uniform operation.-PAGE V. MILLERTON, Iowa, 86 N. W. Rep. 441.

12. CORPORATIONS-Ratification of Expenditure by President. Where the president of a turnpike road company expended money of the corporation in erecting on his premises a tollhouse, which was used by the company for many years, the company keeping the house in repair, paying taxes thereon, and exer. cising acts of ownership over the premises, there was a ratification by the company of the expenditure

made by the president, whether it was originally authorized or not.-HERRING V. DIX RIVER & L. TURNPIKE ROAD Co., Ky., 63 S. W. Rep. 576.

13. CRIMINAL LAW-Adultery Information.-An information for adultery, which charged that a man and woman unlawfully cohabited, said woman "being lawfully married to another person," sufficiently alleged that the woman was married to some one other than her co-defendant.-LENERT V. STATE, Tex., 63 S. W. Rép. 563.

14. CRIMINAL LAW Perjury Testimony - Ma. teriality. Where the issue in a prosecution for gamIng was whether the house had a roof, without which it would not be an outhouse, as alleged in the indict. ment, and defendant testified that its roof was about two-thirds gone, for which testimony he was prose cuted for perjury, there was no error in charging that the fact as to which he testified was material.-JER. NIGAN V. STATE, Tex., 63 S. W. Rep. 560.

15. CRIMINAL LAW-Violation of Ordinance-Punishment. The punishment prescribed by the ordinance In question was that, upon conviction of the offense therein provided for, the accused "be punished by a fine not exceeding $100, nor less than $10, or by impris. onment in the workhouse of the city of Minneapolis for a term not exceeding ninety days, not less than ten days." Held, that the municipal court was authorized to fine or imprison, in its discretion, under and within the limits of this provision.-STATE V. GRIMES, Minn., 86 N. W. Rep. 449.

16. CRIMINAL LAW-White-Capping - Threatening Letter. Where an indictment for white-capping charged that defendant, on April 9, 1900, sent to com. plainant a letter containing a drawing of a coffin, a body suspended by the neck, and the words, "Jim Owens went to Hell June 20th, 1900," the intention to convey the idea that complainant would be hung June 20th was sufficiently plain so that it was not necessary for the indictment to contain an innuendo averment.DUNN V. STATE, Tex., 63 8. W. Rep. 571.

17. DEATH BY WRONGFUL ACT - Damages-Negli. gence. The damages recoverable for death by a wrongful act are limited by statute to the amount of "pecuniary injuries" sustained by the persons for whose benefit the action is brought. They must be estimated according to reasonable probabilities,-as well those which tend to make the pecuniary injury less as those which tend to increase it.-CONLEY V. MAINE CENT. R. Co., Me., 49 Atl. Rep. 668.

18. DEEDS Defeasible Fee-"Dying Without Children."-Where a father conveyed land to his daugh ter, providing in the deed that, in case of her death "without children" before he should die, the land should revert to him, and that if she died after his death "without issue" the title should vest in his grandson, the fee did not become absolute upon the birth of a child to the daughter, but was still subject to be defeated by her death at any time without leav ing children.-CALMES V. JONES, Ky., 63 S. W. Rep. 583. 19. DEED-Unopened Street as Boundary - Adverse Posession.-The grantee in a deed describing the property as bounded by the line of a street, which at the time is platted, but unopened, takes an easement only over the bed of the unopened street, and enters into possession by privity with the original owner, and in subservience to his title, so that adverse possession cannot commence till the privity is broken by some unequivocal act.-COLE V. CITY OF PHILADELPHIA, Pa., 49 Atl. Rep. 308.

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20, EMINENT DOMAIN-Assessment of Damages-Review.-Under chapter 88, Gen. Laws 1897, the report of the appraisers appointed by the district court to as. sess damages caused by the erection of a dam at the outlet of Lake Minnetonka, when confirmed by the district court, must be regarded as final, unless it be apparent that some erroneous principle of law had been pursued in the reception of evidence or by the award of the board of appraisers to the injury of the

petitioners.-IN RE MINnetonka DaM, Minn., 86 N. W. Rep. 455.

21. EVIDENCE-Boundaries-Parol-Declarations of Grantor.-Where a deed to real estate is delivered elsewhere than on the land, evidence of the grantee that he was taken on the land by the grantor a few days later, and the boundaries pointed out by the latter, is incompetent to prove a disputed boundary, in a sult between the grantee and a third person, unless the grantor is dead.-O'CONNELL V. Cox, Mass., 60 N. E. Rep. 580.

22. EXECUTION-Sale-Notice of Secret Trust.- One purchasing at execution sale against B under judg. ment which was a lien on the land prior to B.'s deed to K takes the land discharged of any secret trust, K having given notice at the sale merely that he was the absolute owner of the land, and that B. had no interest therein.-DEWATERS V. KUHNLE, Pa., 49 Atl. Rep. 264.

23. EXECUTORS AND ADMINISTRATORS-Claim Against Estate Contract for Board.-Where a father agrees to pay his son so much a week for board, the fact that the father afterwards changed his mind, and decided to leave certain property to the son, does not author. ize the latter to recover from the father's estate the reasonable value of the board, but the recovery is limited to the agreed price.-LAIRD V. LAIRD, Mich., 86 N. W. Rep. 436..

24. EXECUTORS AND ADMINISTRATORS-Right of Administrator to Sell Real Estate.-Upon appeal from a Judgment for the sale of land to pay the debts of a deceased person, it will be presumed, in the absence of the evidence, that it showed the want of personal property, and that it was necessary to sell the real estate.-SEIBERT V. BLOOMFIELD, Ky., 63 S. W. Rep.

584.

25. FORBERAANCE-Consideration.-Where plaintiffs were about to institute suit to subject the property of M their co-obligor in a note, who had removed from the state, to the payment of his one-sixth part of the debt, and defendant induced them to forego that purpose by executing a bond binding himself "as surety" for M "for one.sixth of said note, and no more," there was a sufficient consideration for the bond, as forbearance to enforce legal rights is a good and valu. able consideration.-HoWARD V. LAWRENCE, Ky., 63 S. W. Rep. 589.

26. FOREIGN CORPORATIONS-Internal ManagementJurisdiction.-The court will not take jurisdiction of matters relating to the internal management of a foreign corporation on a dispute between it and one or more of its stockholders.-MADDEN V. PENN ELECTRIC LIGHT CO., Pa., 49 Atl. Rep. 296.

27. FRAUDULENT CONVEYANCES - Sale of Stock-Statute-Fraud.-A failure to comply with Acts 1900, ch. 579, providing that the sale of all or any portion of a stock of merchandise in other than the regular course of business will be presumed to be fraudulent unless the seller and purchaser makes an inventory of the goods before the sale, and unless the purchaser makes inquiry as to creditors of the seller, and gives them notice of the contemplated sale, is not conclusive evidence of fraud, but only creates a presumption thereof, which the purchaser must rebut.-HART V. DEAN, Md., 49 Atl. Rep. 661.

28. GARNISHMENT-Written Disclosures-Oral Examination. Where the written disclosures of a garnished insurance company denied liability on a policy held by the principal defendant, but on these being stricken from the files, and garnishee's agent subjected to oral examination, it appeared that the company admitted partial liability on the policy, the disclosures were sufficient to make garnishee liable to plaintiff for pay. ing the principal defendant in full.-GRENNELL v. NIAGARA FIRE INS. CO., Mich., 86 N. W. Rep. 435.

29. HIGHWAYS-Liability of Counsel-Authority of Commissioners.-A county not being required to open another highway while it is erecting a new bridge on the site of an old one, it is not liable for injuries re

ceived from defects in a temporary way opened by commissioners around a bridge which they are rebuilding.-BREWER V. SULLIVAN Co., Pa., 49 Atl. Rep.

259.

30. HUSBAND AND WIFE- Abandonment-Duty of Wife to Accept-Husband's Residence.-If the husband procures a residence suitable to his situation in life, and in good faith will take the wife there and treat her as a husband ought to, the allowance of ali. mony for maintenance made should cease, as it is the duty of the wife to accept such residence as the husband may, without unwarranted parsimony select.CLUBB V. CLUBB, Ky., 63 S. W. Rep. 587.

31. INSURANCE Reformation of Policy-Election of Remedy. The reversal of a judgment in favor of plaintiff upon a policy of fire insurance on the ground that the policy as written did not embrace the prop. erty destroyed, leaves the case as if there had been no judgment, and plaintiff may then amend his petition, and seek a reformation of the policy on the ground of mistake, so as to make it include the destroyed property, as the mere assertion of a claim on the policy as written on the ground that it already embraced the property was not a conclusive election of remedy so as to preclude plaintiff from seeking relief on the ground of mistake.-HILLERICH V. FRANK. LIN INS. CO. OF PENNSYLVANIA, Ky., 63 S. W. Rep. 592. 32. INSURANCE COMPANIES-Deposits with Insurance Superintendent - Insolvency.-Where securities have been deposited with the superintendent of insurance by an insurance company, to be held by such super. intendent in trust for the benefit and protection of, and as security for, the policy holders of such com. pany, the assignee of such company, under our insolv. ent laws, cannot recover such securities from such superintendent without first showing that such company is no longer liable to any of its policy holders.STATE V. MATTHEWS, Ohio, 60 N. E. Rep. 605.

33. JUDGMENT-Res Judicata.-A judgment enforcing a mortgage lien is a bar to an action by the mortgagor against attorneys who procured the execution of the mortgage on the ground of misrepresentations made by them whereby she was induced to execute the mort. gage, as the fact that such misrepresentations were made would have been a complete defense to the action to enforce the mortgage.-SHAW V. MILBY'S EXR., Ky., 63 S. W. Rep. 576.

34. LIBEL AND SLANDER — Information - Evidence.Where defendant was charged with having published a libelous pamphlet, evidence that certain witnesses had seen the pamphlet was not inadmissible because the pamphlet they had seen was not the identical copy the publication of which was charged in the information.-LOCKARD V. STATE, Tex., 63 S. W. Rep. 566. 35. LIFE INSURANCE - Beneficiary.-Where application for life insurance names a beneficiary, the insurer has no power to pay the insurance to another, under its agreement in the policy to pay to the person or persons designated in a condition thereof, providing, "The production by the company of this policy, and of a receipt for the sum assured, signed by any person furnishing proof satisfactory to the company that he or she is the beneficiary, or an executor or administrator, husband or wife, or relative, or connection by marriage, of the assured, shall be conclusive evidence that such sum has been paid to, and received by, the person or persons lawfully entitled to the same."--McNALLY V. METROPOLITAN LIFE INS. Co., Pa., 49 Atl. Rep. 299.

36. MASTER AND SERVANT - Assault by EmployeeEmployer's Liability.-Testimony that, as an intending passenger was in the act of entering a car, the conductor caught hold of him, saying, "Stay off till the people get out," is evidence that what the con. ductor did was not only in the course of his employ. ment, but in the supposed performance of his duty in the orderly management of the passengers leaving and entering the train, so as to make his employer liable for any unnecessary violence used by him in so

doing.

MCFARLAN V. PENNSYLVANIA R. Co., Pa., 49 Atl. Rep. 270.

37. MECHANICS' LIENS-Written Contract-Specifying Time.-Under Mechanics' Lien Law 1895, § 6, providing that no lien shall be had for work done or materials furnished where the time stipulated for the completion of the work or furnishing the materials is beyond three years from the date of the contract, where a written contract for furnishing materials fixes no time for their delivery or for payment the party furnishing them can have no lien therefor, though they are furnished within a year from the date of the contract.KELLEY V. NORTHERN TRUST CO., Ill., 60 N. E. Rep. 585.

38. MUNICIPAL CORPORATIONS Annexed TerritoryTaxation-Liability.-Acts Assem. 1888, ch. 98, § 19 (Annexation Act), provided that until the year 1900 the rate of taxation on all landed property or certain territory annexed to Baltimore should not exceed the rate for Baltimore county; that from and after 1900 the property, real and personal, in said territory, should be liable to taxation as similar property within the other wards of the city; provided, that after the year 1900 the Baltimore county rate of taxation for the year 1887 should not be increased, for city purposes, "on any landed property within the said territory until avenues, streets or alleys shall have been opened and constructed through the same." Held, that property fronting on a turnpike road within said annexed territory, and between two streets, and on which stood some 24 houses, was no longer rural "landed" property, within the proviso, but city property, and taxable as such.-GOEBEL V. MAYOR, ETC. OF BALTIMORE, Md., 49 Atl. Rep. 649.

39. MUNICIPAL CORPORATIONS-Defective SidewalkNotice. A city is not liable for injury from a defective sidewalk, it not having had actual notice of the defect, and there being no evidence from which con. structive notice could be inferred, the sidewalk hav. ing been repaired 18 days before the accident, and there being no evidence as to when it again got out of repair. ROGERS V. CITY OF WILLIAMSPORT, Pa., 49 Atl. Rep. 293.

40. NEGLIGENCE Accidental Occurrence.-Actionable negligence may spring from the careless performance of a legal duty, or from a total neglect and disregard of such duty, but it can never be cousistently predicated of a purely accidental occurrence.FIDELITY & CASUALTY CO. v. CUTTS, Me., 49 Atl. Rep. 673.

41. NEW TRIAL-Excessive Damages-Defamation of Character.-Held, in the case at bar, which was an action for defamation of character, that there is nothIng in the evidence which shows, upon comparison of the same with the verdict, that the amount thereof (550) was at all excessive, or that it was arrived at through passion or prejudice on the part of the jury; and held, further, for this reason, that the court below was not justified in reducing the verdict to the sum of $100.-BLUME V. SCHEER, Minn., 86 N. W. Rep. 446.

42. NUISANCE - Powder Magazine.-A powder maga. zine located near the shaft of a colliery, and originally not in a residence locality, but around which the population had settled, and of which complaint had not been made during its 30 years of existence, and in which explosives were kept only for use in the mine, and in small quantities, is not a nuisance, so as to ren der its owners liable for an injury to one living near by explosion caused by lightning.-TUCKASHINSKY V. LEHIGH & W. COAL CO., Pa., 49 Atl. Rep. 308.

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the day of his attempted dismissal and the day of his reinstatement.-LARSON V. CITY OF ST. PAUL, Minn., 86 N. W. Rep. 459.

44. ORDINANCE-Violation-Complaint-Open Drunkenness.-By Gen. St. 1894, § 1224, village councils are authorized "to order and establish all such ordinances and by-laws for the government and good order of the village, the suppression of vice and immorality, the prevention of crime, the protection of public and pri. vate property, the benefit of trade and commerce and the promotion of health, not inconsistent with the constitution and laws of the United States or of this state, as they shall deem expedient." Held that, under this general welcome clause, councils are authorized and empowered to enact ordinances to punish open and notorious drunkenness.-VILLAGE OF FAIRMONT V. MEYER, Minn., 86 N. W. Rep. 457.

45. PARTNERSHIP - Action of Settlement.-Though the pleadings in an action for a settlement of several different partnerships were defective, yet, as the parties united in praying a reference to the commissioner to settle the accounts of the partnerships, the court will disregard the defects in the pleadings on both sides, and treat the case as an agreed case for a settlement.-MCCOMBS V. MATNEY, Ky., 63 S. W. Rep. 578.

16. PLEADING AND PRACTICE-Mortgage-Foreclosure -Validity. Where the answer of one defendant in a mortgage foreclosure suit, alleging ownership of the mortgage, and asking its foreclosure, is defective, in failing to allege the execution of the mortgage, such defect is cured by allegations of its execution in the complaint.-HANSEN V. WAGNER, Cal., 65 Pac. Rep. 142. 47. RAILROADS-Engineer-Death-Contributory Neg. ligence. An engineer and conductor both received orders to take a side track, where there was no telegraph station, and wait until three sections of a train had passed. The conductor and brakeman went to sleep, and in about an hour and a half the conductor, on awakening, saw the second section pass, which he mistook for the third, and sent the brakeman forward with orders to the engineer to pull out. The brakeman found the fireman asleep, and the engineer looked as if he had just awakened. The train was pulled onto the main track and collided with section 3, resulting in the engineer's death. Held, that the engineer was guilty of contributory negligence as a matter of law.GALVESTON, H. & S. A. RY. Co. v. BROWN, Tex., 65 Pac. Rep. 305.

48. RAILROADS-Fire Set by Locomotive. In an action against a railroad company for negligently scattering fire by which property adjoining its tracks was destroyed, it is necessary to go further than to show a mere possibility or conjecture that such fire was scattered by one of its engines, to require the submission of that issue to a jury under section 2700, Gen. St. 1894.-MINNEAPOLIS SASH & DOOR Co. v. GREAT NORTHERN RY. Co., Minn., 86 N. W. Rep. 451.

49. RAILROADS-Foreclosure Proceedings-Preferential Debts. To entitle a general unsecured creditor of an insolvent railroad company, whose property has been placed in the hands of a receiver in foreclosure proceedings, to preferential payment over the mort gage creditors, it must be shown: First, that the demand is not a debt created upon the personal credit of the company, but a current operating expense incurred to maintain its property as a going concern and its railroad in condition to be used with reasona. ble safety for the transportation of persons and property, and with the expectation of the parties that it was to be met out of the current receipts of the company; and, second, that there are net or current earn. ings in the hands of the receiver applicable to the pay. ment of such debts of the income, or that there has been a diversion of the current earnings, either before or since the receivership, which the mortgagees should equitably restore.-RHODE ISLAND LOCOMOTIVE WORKS V. CONTINENTAL TRUST CO., U. s. C. C. of App. Sixth Circuit, 108 Fed. Rep. 5.

Evidence-Admissibil

50. RAILROADS-Negligence ity. Where the receiver of a street railroad defends an action for the negligent killing of an alleged passen. ger on the ground that she was not a passenger on the car, and did not receive any injuries through defend. ant's negligence, the clothing worn by deceased at the time of the accident is admissible for the purpose of her identification, and as tending to show the nature and extent of her injuries.-BAGGS V. MARTIN, U. S. C. C. of App., Eighth Circuit, 108 Fed. Rep. 33.

51. RAILROADS-Negligence-Speed. Where, in an action for an accident at a public crossing, negligenee of defendant is charged in operating its train at a great and unlawful rate of speed, the court, if requested, should charge that, in the absence of a statute or or dinance prescribing the rate of speed at which the train may run, it is a question of fact for the jury to determine whether or not, under any circumstances, the speed of the train was negligence.-MISSOURI, K. & T. RY. Co. v. MELUGIN, Tex., 63 S. W. Rep. 338.

52. RES ADJUDICATA-Record-Former Action-Plead. ing. Where plaintiff sued defendant for the loss of a horse, and alleged that its death was occasioned by the defective condition of defendant's fence, and judg. ment was rendered in favor of defendant at the close of plaintiff's testimony on the ground that plaintiff had knowledge of the condition of the fence, the judg. ment was on the merits, and constituted a bar to a subsequent action.-BARTELDT V. SEEHORN, Wash., 65 Pac. Rep. 185.

53. RIGHT OF WAY-Prescription-Statute of Limita tions-Computation-Civil War.-Const. 1870, provid. ing that the time elapsing between May 6, 1861, and January 1, 1867, shall not be computed in any case affected by the statute of limitations, has no applica. tion to a claim of a right of way by 20 years' user under claim of right, as the reason of such provision was that the courts were closed during such period so that a right could not have been asserted therein, and the right to stop the running of the prescription on the right of way might have been asserted independently of any action in the courts, by merely objecting to, or obstructing the way.-JACKSON V. CODY, Tenn. 63 S. W. Rep. 302.

54.

PAYMENT NOT IN MONEY-Sales.-Where the pay. ment for goods sold under a special contract is in something other than money, the seller, who has performed his contract, cannot sue on the common counts, but must declare on the contract.-PUSEY & JONES CO. V. DODGE, Del.,49 Atl. Rep. 248.

55. SCHOOL BOARD-Contract-School Building-Authority. An action could not be maintained against a school board for failure to permit plaintiff to fulfill a contract to furnish materials for a school house without showing that the board was authorized by the city to construct the building, or to use any of the funds received or receivable from the city for that purpose, or to appropriate any state funds to that end.- PECK SMEAD CO. v. CITY OF SHERMAN, Tex., 63 S. W. Rep. 340.

56. SHERIFFS-Agreement with Deputy.-Under an agreement between a sheriff and deputy for certain years, by which the territory of the country was divided between them, each party to account for the taxes in his part and to be entitled to the fees earned in that part, the deputy is chargeable with uncollected taxes in his territory, as he should, if they were not collectible, have presented them to the county court for exoneration or as delinquent, and received credit therefor.-BALE V. MUDD, Ky.,63 S. W. Rep. 451.

57. SHIPPING-Cargo Damage-Seaworthiness.-The chain locker of a steamship, which extended from the bottom to the main deck, was not water-tight, and during a voyage across the North Atlantic in winter sea water entered through the chain pipes, and damaged sugar which was stowed next the locker, without dunnage properly laid to protect it against leak. age. The ends of the pipes on the forecastle deck had

been stopped or covered at the beginning of the voy age, but not sufficiently to withstand the action of the seas which broke over such deck, although the weather was no worse than should reasonably have been anticipated at that season of the year. Held, that the ship was liable for the injury to the cargo.THE PALMAS, U. S. C. C of App., First Circuit, 108 Fed. Rep. 87.

58. TAXATION-Assessments Board of Equalization -Limited Jurisdiction.-The board of equalization acting on assessments is a tribunal of limited and inferior powers, and hence its jurisdiction must affirmatively appear on the record of its proceedings.-COPPER QUEEN CONSOL. MIN. Co. v. BOARD OF EQUALIZA TION OF COCHISE CO., Ariz., 65 Pac. Rep. 149.

59. TAXATION-Assessment to Decedent-Tax Sale.Harriet J. Morrill, of Boston, the owner in her lifetime of the real estate in question, died in 1889. The real estate had been assessed to her up to the time of her death. Afterwards, in 1890 and 1891, the assessors continued to assess taxes on this real estate to Harriett J. Morrill as a non-resident owner. For non-payment of these taxes the property was sold at tax sale. The defendant is the grantee of the purchaser at the tax sale. The complainant is the devisee of Harriett J. Morrill.-MORRILL v. LOVETT, Me., 49 Atl. Rep. 666.

60. TAXATION-Mortgage.-When a mortgage was assigned by the owner thereof to another, who held certain notes of the assignor, as collateral security for the payment of the notes, the mortgage was taxable as the personal property of the assignor, so long as the note remains unpaid, and the mortgage continued to be held as security for their payment.STATE V. HOWELL TP., N. J., 49 Atl. Rep. 675.

61. TAXATION-Validity of Levy

Irregular Meeting

of Board of Trustees.-A levy made by the board of trustees of a town of the sixth class, at a special session called by the clerk of the board at the place of business of one its members, which was not the usual meeting place, was void.-Town OF SPRINGFIELD v. PEOPLE'S DEPOSIT BANK, Ky., 63 S. W. Rep. 271.

62. TELEPHONE COMPANIES- Construction of Line Along Turnpike.- A telephone company incorporated under the general corporation act of April 29, 1874, and its supplements,is a telegraph company and a turnpike is a highway, within section 33 thereof, providing that a telegraph company incorporated thereunder may construct its tine along any highway.. PEOPLE'S TELEPHONE & TELEGRAPH CO. V. PRESIDENT, ETC. OF BERKS & D. TURNPIKE ROAD, Pa., 49 Atl. Rep. 284.

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postponement of perfomance the lack of ready funds. -HAINES V. DEARBORN, Pa., 49 Atl. Rep. 319.

66. VENDOR AND PURCHASER — Contract of Sale-Im plied Warranty.-Where a vendee, on entering into a written contract for the sale of real estate, knows that there is a squatter in possession of a portion of the property, and the written contract does not refer thereto, or to the character of the vendor's titie, there is no implied contract to furnish a good and market. able title as against such squatter.-LEONARD V. WOODRUFF, Utah, 65 Pac. Rep. 199.

67. WATERS AND WATER COURSES-Navigable Waters -Negligent Operation of Drawbridge.-The owner of a drawbridge across a navigable channel in the Duluth-Superior harbor held liable in damages for Injury to a barge in tow, on the ground that the bridge ten. der negligently failed to give the signal to warn the approaching tug and tow of an obstruction which prevented the opening of the draw until it was too late for the barge to stop, in consequence of which she came in collision with the draw.-HARTLEY V. AMERICAN STEEL-BARGE CO., U. S. C. C. of App., Eighth Cir. cuit, 108 Fed. Rep. 97.

63. WATERS AND WATER COURSES-Navigable Waters -Obstruction of Channel by Fallen Drawbridge.Where the owner of a bridge over a navigable channel negligently permitted the draw of the bridge to improperly obstruct the channel, the owner of sea-going vessels which, before the creation of the obstruction, had sailed with cargoes for points of discharge in the channel above the bridge, and of vessels which were above the bridge when the obstruction was created, may, if the vessels were prevented by the obstruction from passing up and down the channel when neces sary to do so, maintain suits in admiralty to recover damages in the way of demurrage, regardless of the local law.-NEW YORK, ETC. R. Co. v. PISCATAQUA NAV. CO., U. S. C. C. of App, First Circuit, 108 Fed. Rep. 92.

69. WILLS-Beneficiaries-Adopted Child.-Under a will giving a fund in trust to pay the income to testator's son for life, and on his death the principal to such persons as would be entitled thereto if he survived his wife and died in estate seised and possessed thereof, and in such shares as such persons would in such case be entitled to by law, the rights of a child adopted by the son long after testator's death are to be determined according to the law at the time of the son's death.-IN RE KOHLER'S ESTATE, l'a., 49 Atl. Rep. 286.

70 WILLS-Devisee Dying Before Testator.-Where testator devised land to his son A subject to his payment of legacies, with a provision that, if A did not desire to take the land and pay the legacies, then C should take it, and pay the legacies, and a certain amount to A, and A died before testator, but leaving issue surviving him, and indicated no desire to have the devise transferred to C, and testator intimated no purpose to change the will, the issue of A takes the land subject to the payment of the bequests.BLACKWELL V. SCOUTEN, Pa., 49 Atl. Rep. 261.

71. WILLS-Devise to Testatrix's Children-Vested Interest. Where a fund was devised to a trustee, the income to be paid testatrix's children, they took a vested interest as tenants in common, and not as a eless with right of survivorship, and hence the estate

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