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| the judgment rendered therein can have no effect be

yond the appropriation of the attacbed property to

the satisfaction of the debt and costs.-OIL WELL SUP. 01 ALL tho Carront Opinions of ALL tho Stato

PLY CO. V. KOEN, Obio, 60 N, E. Rep. 603. and Torritorial Courts of Last Rosort, and of 5. ATTORNEY AND CLIENT – Summary Proceedings

Payment of Money-Stipulation.-Where, in a sum. tho Supromo, Ciroast and Distriot Courts of tho

mary proceeding to compel payment of money alOnited Statos, except those that are Pabllobod

leged to have been collected by an attorney, a stipu.

lation is entered into for the amendment of the order in Pall or Commontod apon in our Notos of Im. of reference, so that differences between the parties

as to moneys in the attorney's hands as business portant Decisions and except thoso Opinions in

agent might be included, the stipulation authorizing which no Important Legal Principles are Dio. the court to enter a decree on copiirmation of the re

port of the referee, ordering the attorney to pay over QAssod of Interest to the Profession at Largo

any amount found due, binds such attorney in his

character as business agent only to the extent of the ARIZONA.......

............**"""""

.............58
"

determination of the amount due, the court baving CALIFORNIA....

............. 46 no power, even by consent, to compel by order, id.

stead of judgment and execution, the payment of DELAWARE ..........

money in his hands as agent.-IN RE LANGSLOW, N. ILLINOIS ...............

............

Y., 60 N. E. Rep. 590. IOWA.....

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6. BENEFICIAL ASSOCIATION-Insolvency-Receivers.

The beneficiary of a beneficial association is, on the KENTUCKY ............. 9, 12, 18, 24, 25, 30, 31, 33, 45, 56, 61

death of a member, a creditor of the association, 90 as MAINE.......

............17, 40,59 to have the right to attachment.-FROWERT V. BLANK, MARYLAND.. ..........

...............27, 38

Pa., 49 Atl. Rep. 302.

7. BILL OF LADING - Ownership of Goods - HypothMASSACHUSETTS..... ......................10, 21, 71

ecation of Bill.-Evidence in this case considered, and MICHIGAN.... .........................8, 23, 28

held, that where a bill of lading was issued, but reMINNESOTA................. ........7, 15, 20, 41, 43, 44, 48 tained by the shipper, who hypothecated the same to

a third party, after the shipment had been made, the NEW JERSEY.......

...............60

evidence reasonably tends to support the finding of NEW YORK..... ........................... 2,5 the trial court that it was the intention of the shipper

to vest the title of the property in the consignee at the OHIO...........

..............3, 4, 32

time the same was delivered to the carrier.-BANK OF PENNSYLVANIA, 1, 6, 19, 22, 26, 29, 35, 36, 39, 42, 62, 63, 65, LITCHFIELD V. ELLIOTT, Mion., 86 N. W. Rep. 453. 69, 70, 72

8. Bonds-official Actions for the Use and Benefit of TENNESSEE...

..............58

Third Persons.-- Where the bond of a city marshal TEXAS...... ...............13, 14, 16, 37, 47, 51, 65, 64 rups to the city, and not to the people, an action can.

not be maintained for the use and benefit of a third UNITED STATES C. C. OF ÅPP..............49, 50, 57, 67, 68

person unless it is expressly authorized by statute.UTAH....

....................................66 CITY OF EATON RAPIDS V. STUMP, Mich., 86 N. W. Rep. WASHINGTON............

438.

9. CARRIERS – Duty to Drunken Trespasser on 1. AGENCY-Authority-Estoppel.-Defendant is pot Freight Train.- Where the servants in charge of a estopped to deny that its solicitor, who had an office freight train ejected a tres passer in a drunken and with it, where he also, to plaintiff's knowledge, at. helpless condition in a deep cut on a dark night, and tended to law business other than defendant's bad he was run over and killed by a train which followed, authority to make contracts, or receive money for it, as the servants ejecting him bad reason to believe though in communicating with her he used its letter It he would be, the railroad company was liable for heads, and sent his receipts and forged instruments,

his death, though the place at which he was elected drawn on forms in use by it, and in one ease sent her was the place at which he entered the train.-FAGG'S a mortgage, money for the purchase of which from ADMR. V. LOUISVILLE & N. R. 00., Ky., 63 S. W. Rep. defendant she had sent him.-HARVEY V. SCHUYLKILL 580. TRUST CO., Pa., 49 Atl. Rep. 277.

10. CABRIERS-Stop-Over Privilege.- Where plaintiff 2. AGENCY - Authority - Payment of Mortgage. gned for an illegal arrest for the alleged non-payment Where a mortgagee permite his agent, who has in. of railroad fare, and there was evidence that plaintiff vested his money for him, to retain the bond and stopped over without securing a stop-over check, the mortgage in his possession, and collect interest rules of the company requiring conductors to issue thereon, he gives such agent apparent authority to stop-over checks was admissible.-DIXON V. NEW receive payment of the mortgage after maturity, and ENGLAND RR., Mass., 60 N. E. Rep. 581. 18 estopped from depying that he possessed such au.

11. CONSTITUTIONAL LAW-Validity of Act Establishthority.-CENTRAL TRUST Co. OF NEW YORK V.

ing City Court.-Since Code, tit. 3, ch.6, authorizing Folsom, N. Y., 60 N. E. Rep. 599.

the establishment of city courts. and conferring on 8. ASSIGNMENT FOR CREDITORS-Rights of Mortgagee them concurrent jurisdiction with the district and cir. --Rents of Realty.-Rents of land, accruing after an cuit courts, operates uniformly on all persons within assignee for the benefit of creditors has taken posses. the relations and circumstances provided for, it does sion of the assigned property, belong. as between not violate Const. art. 1, $ 6, requiring all laws of a general creditors and a mortgagee claiming under a general nature to be of uniform operation.-PAGE V. mortgage whicb pledges the rents, issues, and profits MILLERTON, Iowa, 86 N. W. Rep. 441. of the land to the latter, when necessary to fully pay 12. CORPORATIONS-Ratification of Expenditure by the obligation secured by the mortgage.-HUTCHINSON President.-Where the president of a turnpike road V. STRAUB, Ohio, 60 N. E. Rep. 602.

company expended money of the corporation in erect: 4. ATTACHMENT—NonResident-Judgment in Per ing on his premises a tollhouse, wbich was used by sonam.-An action to entorce the collection of a debt the company for many years, the company keeping by attachment of the property of a non-resident of the house in repair, paying taxes thereon, and exer this state, who has not been summoned nor entered cising acts of ownership over the premises, tbere was his appearance, is essentially a proceeding in rem, and a ratification by the company of the expenditure

.............52

made by the president, whether it was originally authorized or not.-HERRING V. DIX RIVER & L. TURNPIKE ROAD 00., Ky., 63 8. W. Rep. 576.

13. ORIXINAL LAW-Adultery - Information.-An in. | formation for adultery, which charged that a man and woman unlawfully cohabited, sald woman "being lawtally married to another person," sufficiently al. leged that the woman was married to some one other than her co-defendant.-LENERT V. STATE, Tex., 63 s. W. Rep. 563.

14. CRIMINAL LAW – Perjury – Testimony – Ma. teriality.-Where the 198ue in a prosecution for gam. Ing was whether the house had a root, 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 coted for perjury, there was no error in charging that the fact as to which be testified was material.-JER. NIGAN V. STATE, Tex., 63 8. 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. opment 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 au. thorized 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 tbat defendant, on April 9, 1900, sent to com. plainant a letter containing a drawing of a comin. A body suspended by the neck, and the words, "Jim Oweng 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 avermept.DUNN V. STATE, Tex., 63 8. W. Rep. 571.

17. DEATH BY WRONGFOL ACT — Damages-Negli. gence.-The damages recoverable for death by a wrongful act are limited by statute to the amount of "pecupiary 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 ipjury 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 Chil. dren."-Where a father conveyed land to his daugh. ter, providing in the deed that, in case of her death "without cbildren" 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.-CALME8 V. JONES, Ky.,63 S. W. Rep. 583.

19. DEKD-Unopened Street as Boundary - Adverse Posession.-The grantee in a deed describing the prop. erty 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 canpot commence till the privity is broken by some unequivocal act.-COLE V. CITY OF PHILADELPHIA, Pa., 19 Atl. Rep. 308.

20. EMINENT DOMAIN-Assessment of Damageg-Re. view.-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. 456.

21. EVIDENCE-Boundarleg-Parol - Declarations of Grantor.-Where a deed to real estate is delivered elsewhere than on the land, evidence of the grantee that be was taken on the land by the grantor a few days later, and the boundaries pointed out by the lat. ter, lo incompetent to prove a disputed boundary, in a sult between the grantee and a third person, upless the graptor 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 llen 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 Ad. ministrator to Sell Real Estate.-Upon appeal from a judgment for the sale of land to pay the debts of a de. ceased 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 i estate.-SEIBERT V. BLOOMFIELD, Ky., 63 S. W. Rep. 584.

25. FORBERAANCE-Oopsideration.-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 pur. pose by executing a bond binding himself "ag surety" for M "for one.sixth of said note, and no more," there was a sufficient consideration for the bond, as lor. bearance 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 for. eign corporation on a dispute between it and one or more of its stockholders.-MADDEN V. PENN ELECTRIC LIGAT CO., Pa., 49 Atl. Rep. 296.

27. FRAUDULENT CONVEYANCES --- Sale of Stock-State ute-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 evl. dence 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 IN8. 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

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ceived from delects in a temporary way opened by doing.-MCFARLAN V. PENNSYLVANIA R. Co., Pa., 49 commissioners around a bridge wbich they are re. Atl. Rep. 270. building.-BBEWER v. SULLIVAN Co., Pa., 49 Atl. Rep.

37. MECHANICS' LIENS-Written Contract-Specifying 259.

Time.-Under Mechanics' Lien Law 1895, $ 6, providing 30. HOSBAND AND WIFE – Abandonment-Duty of

that no lion shall be had tor work done or materials Wito to Accept-Husband's Residence.-11 the hug.

furnished where the time stipulated for the compleband procures a residence suitable to big situation in

tion of the work or furnishing the materials is beyond life, and in good faith will take the wife there and

three years from the date of the contract, where a treat her as a husband ought to, the allowance of ali.

written contract for furnishing materials fixes no time mony for maintenance made should cease, as it is the

for their delivery or for payment the party furnishing duty of the wife to accept such residence as the hug.

them can have no lien therefor, though they are fur. band may, without unwarranted parsimony select.

nished within a year from the date of the contract.CLUBB V. CLUBB, Ky., 63 8. W. Rep. 587.

KELLEY V. NORTHERN TRUST Co., Ill., 60 N. E. Rep. 31. INSURANCE - Reformation of Policy-Election of 585. Remedy.-The reversal of a judgment in favor of

38. MUNICIPAL CORPORATIONS - Annexed Territoryplaintiff upon a policy of fire insurance on the ground

Taxation-Liability.-Acts Assem. 1888, ch. 98, 19 that the policy as written did not embrace the prop.

(Annexation Act), provided that until the year 1900 erty destroyed, leaves the case as if there had been

the rate of taxation on all landed property or certain no judgment, and plaintiff may then amend his peti.

territory annexed to Baltimore should not exceed the tion, and seek a reformation of the policy on the

rate for Baltimore county; that from and after 1900 the ground of mistake, so as to make it include the de.

property, real and personal, in said territory, should stroyed property, as the mere assertion of a claim on

be liable to taxation as similar property within the the policy as written on the ground that it already

other wards of the city; provided, that after the year embraced the property was pot a conclusive election

1900 the Baltimore county rate of taxation for the year of remedy so as to preclude plaintiff from seeking re.

1887 should not be increased, for city purposes, "on liet on the ground of mistake.-HILLERICH V. FRANK

any landed property within the said territory until LIN INS.CO. OF PENNSYLVANIA, Ky., 63 S. W. Rep. 592.

avenues, streets or alleys sball have been opened and 32. INSURANCE COMPANIES-Deposits with Insurance constructed through the game." Held, that property Superintendent - Insolvency.-Where securities bave fronting on a turnpike road within said annexed ter. been deposited with the superintendent of insurance ritory, and between two streets, and on which stood by an insurance company, to be held by such super. some 24 houses, was no longer rural "landed" propintendent in trust for the benefit and protection of, erty, within the proviso, but city property, and tax. and as security for, the policy holders of such com. able as such.-GOEBEL V. MAYOR, ETC. OF BALTIMORE, pany, the assignee of such company, under our insolv. Md., 49 Atl. Rep. 649. ent laws, cannot recover such securities from such

39. MUNICIPAL CORPORATIONS-Defective Sidewalksuperintendent without first showing that such com.

Notice.-A city is not liable for injury from a detective pany is no longer liable to any of its policy holders.

sidewalk, It not having had actual notice of STATE V. MATTHEWS, Ohio, 60 N. E. Rep. 605.

fect, and there being no evidence from which con. 33. JUDGMENT-Res Judicata.-A judgment enforcing structive notice could be inferred, the sidewalk bav. a mortgage lien is a bar to an action by the mortgagor ing been repaired 18 days before the accident, and against attorneys who procured the execution of the there being no evidence as to when it again got out of mortgage on the ground of migrepresentations made repair.-ROGERS V. CITY OF WILLIAMSPORT, Pa., 49 Atl. by them whereby she was induced to execute the mort. Rep. 293. gage, as the fact that such misrepresentations were

40. NEGLIGENCE – Accidental Occurrence.-Action. made would have been a complete defense to the ac.

able negligence may spring from the careless per. tion to enforce the mortgage.-SHAW V. MILBY'S Exr.,

formance of a legal duty, or from a total neglect and Ky., 63 S. W. Rep. 576.

disregard of such duty, but it can never be cousist. 34. LIBEL AND SLANDER – Information - Evidence. ently predicated of a purely accidental occurrence.Where defendant was charged with having published FIDELITY & CASUALTY Co. V. CUTTS, Me., 49 Atl. Rep. a libelous pamphlet, evidence that certain witnesses 673. bad seen the pamphlet was not inadmissible because

41. NEW TRIAL-Excessive Damages-Defamation of the pamphlet they had seen was not the identical

Character.-Held, in the case at bar, which was an copy the publication of which was charged in the in.

action for defamation of character, that there is noth. formation.-LOCKARD V. STATE, Tex., 63 8. W. Rep. 566.

ing in the evidence which shows, upon comparison of 35. LIFE INSURANCE - Beneficiary.-Where applica. the same with the verdict, that the amount thereof tion for life insurance names a beneficiary, the insurer (550) was at all excessive, or that it was arrived at has no power to pay the insurance to another, under through passion or prejudice on the part of the jury; its agreement in the policy to pay to the person or per and held, further, for this reason, that the court be. sons designated in a condition thereof, providing, low was not justified in reducing the verdict to the "The production by the company of this policy, and

of $100.-BLUMB V. SCHEER. Mimp.. 86 N. W. Rep. of a receipt for the sum assured, signed by any person 446. furnishing proof satisfactory to the company that he 42. NUISANCE - Powder Magazine.-A powder maga. or she is the beneficiary, or an executor or adminis. zine located near the shaft of a colllery, and originally trator, husband or wite, or relative, or connection by not in a residence locality, but around which the marriage, of the assured, shall be conclusive evidence population had settled, and of which complaint had that such sum has been paid to, and received by, the not been made during its 30 yearg of existence, and in person or persons lawfully entitled to the same."--MC. which explosives were kept only for use in the mine, NALLY V. METROPOLITAN LIFE INS. Co., Pa., 49 Atl. and in small quantities, is not a nuisance, so as to ren. Rep. 299.

der its owners liable for an injury to one living near 36. MASTER AND SERVANT – Assault by Employee by explosion caused by lightning.-TOCKASHINSKI V. Employer's Liability.-Testimony that, as an intend. LBHIGH & W. COAL CO., Pa., 49 Atl. Rep. 808. ing passenger was in the act of entering & car, the 43. OFFICERS – Sergeant of Police - Salary.-The conductor caught hold of him, saying, “Stay off till salary annexed to a public office is incident to the title the people get out," is evidence that what the con. to the office, and not to its occupation and exercise, ductor did was not only in the course of his employ. por to the usurpation or colorable possession of it. ment, but in the supposed performance of his duty in | On the conditions shown here, there is no merit in the the orderly management of the passengers leaving claim that the plaintiff cannot recover because there and entering the train, so as to make his employer was a de facto oficer to whom the salary was paid dur. llable for any unnecessary violence used by him in so ing the period of time-about three months-between

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 Drunk. enness.-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 suppreesion 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, un. der this general welcome clanse, councils are author. ized and empoweråd to enact ordinances to punish open and potorious drunkenness.-VILLAGE OF FAIR. NONT 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 par. ties 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 settle. ment.-MCCOMBS V. MATNEY, Ky. , 63 . W. Rep. 578.

16. PLEADING AND PRACTICE-Mortgage-Foreclosure -Validity.-Where the answer of one defendant in a mortgage toreclosure suit, alleging ownership of the mortgage, and asking its foreclosure, is defective, in failing to allege the execution of the mortgage, su detect is cured by allegations of its execution in the complaint.-HANSEN V. WAGNER, Cal., 65 Pac. Rep. 142.

47. RAILROAD8-Engineer-Death-Contributory Neg. ligence.-An engineer and conductor both received or. ders 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, god in about an hour and a hall the conductor, on awakening. g&w the second section pass, which he mistook for the third, and sent the brakeman forward with orders to the engineer to pull out. Tbe brake. man 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 pegligence 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 agalost 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 gub. mission 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. 461.

19. RAILROAD8-Foreclosure Proceedings-Preferen. tlal 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 de. mand is not a debt created upon the personal credit of the company, but a current operating expense in. curred to maintain its property as a going concern and its railroad in condition to be used with reasona. ble salety for the transportation of persons and prop. erty, and with the expectation of the parties that it was to be met out of the current receipts of the com. pany; and, second, that there are net or current earn. ings in the bands 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

since the recelvership, which the mortgagees should equitably restore.-RHODE ISLAND LOCOMOTIVE WORKS Y. CONTINENTAL TRUST CO., U.S.C. C. of App. Sixth Circuit, 108 Fed. Rep. 5.

50. RAILROADS-Negligence – Evidence-Admissibil. 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 detend. 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 pature and extent of her injuries.-BAGGS V. MARTIN, U. S.C. C. of App., Eighth Circuit, 108 Fed. Rep. 33.

51. RAILROAD8-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 ordinance 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 pegligence.-M188OURI, K. & T. RY. OO. 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 bad 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 Poc. 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, a January 1, 1867, shall not be computed in any case affected by the statute of limitations, bas no applica. tion to a claim of a right of way by 20 years' user un. der 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 o 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 with: out 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 whieh the territory of the country was divided between them, each party to account for tbe taxes in his part and to be entitled to the fees earned in that part, the deputy is chargeable with uncollected in that part, the deputy 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. MUDĐ, 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 gea water entered through the chain pipes, and dam. aged sugar which was stowed next the locker, with. out dunnage properly laid to protect it against leak. age. The ends of the pipes on the forecastle deck bad

been stopped or covered at the beginning of the voy. postponement of perfomance the lack of ready funds. age, but not sufficiently to withstand the action of the -HAINEA V. DEARBORN, Pa., 49 Atl. Rep. 319. seas which broke over such deck, although the

66. VENDOR AND PURCHASER – Contract of Sale-Im. weather was no worse than should reasonably have plied Warranty.- Where a vendee, on entering into a been anticipated at that season of the year. Held,

written contract for the sale of real estate, knows that that the ship was liable for the injury to the cargo.

there is a squatter in possession of a portion of the THE PALMAS, U.S. C. C of App., First Circuit, 108 Fed.

property, and the written contract does not refer Rep. 87.

thereto, or to the character of the vendor's titie, there 58. TAXATION-Assessments - Board of Equalization

is no implied contracts to furnish a good and market. -Limited Jurisdiction.-The board of equalization

able title as against such squatter.-LEONARD V. acting on assessments is a tribunal of limited and in.

WOODRUFF, Utah, 65 Pac. Rep. 199. terior powers, and hence its jurisdiction must affirm.

67. WATERS AND WATER COURSES-Navigable Waters atively appear on the record of its proceedings.-COP

-Negligent Operation of Drawbridge.-The owner of PER QUEEN CONSOL. Min. Co. v. BOARD OF EQUALIZA

a drawbridge across a navigable channel in the DulTION OF COCHISE CO., Ariz., 65 Pac. Rep. 149.

utb-Superior harbor held liable in damages for injury 59. TAXATION-Assessment to Decedent-Tax Sale.

to a barge in tow, on the ground that the bridge tenHarriet J, Morrill, of Boston, the owner in her lifetime der negligently falled to give the signal to warn the of the real estate in question, died in 1889. The real

approacbing tug and tow of an obstruction which preestate bad been assessed to her up to the time of her

vented the opening of the draw until it was too late death. Afterwards, in 1890 and 1891, the assessors

for the barge to stop, in consequence of which she continued to assess taxes on this real estate to

came in collision with the draw.HARTLEY V. AMKRHarriett J. Morrill as a non-resident owner. For

ICAN STEEL-BARGE CO., U.S.O.O. of App., Eighth Cir. non-payment of these taxes the property was sold at

cuit, 108 Fed. Rep. 97. tax sale. The defendant is the grantee of the pur. 63. WATERS AND WATER COURSES-Navigable Waters cbager at tbe tax sale. The complainant is the devisee

-Obstruction of Channel by Fallen Drawbridge.(Harriett J. Morrill.-MORRILL V. LOVETT, Me., 49 Where the owner of a bridge over a navigable channel Atl. Rep. 666.

negligently permitted the draw of the bridge to im60. TAXATION-Mortgage.-When a mortgage was

I properly obstruct the channel, the owner of sea-going assigned by the owner thereof to another, who held | vessels which, before the creation of the obstruction, certain notes of the assignor, as collateral security

had sailed with cargoes for points of discharge in the for the payment of the potes, the mortgage was tax.

channel above the bridge, and of vessels which were able as the personal property of the assignor, so long

above the bridge when the obstruction was created, as the note remains unpaid, and the mortgage con

may, if the vessels were prevented by the obstruction tinued to be held ag security for their payment.

trom passing up and down the channel when necesSTATE V. HOWELL TP., N. J., 49 Atl. Rep. 675.

gary to do so, maintain sults in admiralty to recover

damages in the way of demurrage, regardless of the 61. TAXATION-Validity of Levy - Irregular Meeting

local law.-NEW YORK, ETC. R. Co. V. PISCATAQUA of Board of Trustees.-A levy made by the board of

NAV. Co., U.S. 0. C. of App , First Circuit, 108 Fed. trustees of a town of the sixth class, at a special seg.

Rep. 92. sion called by the clerk of the board at the place of

69. WILLs-Beneficiaries-Adopted Child.-Under a business of one its members, which was not the usual meeting place, was void.-TOWN OF SPRINGFIELD V.

will giving a fund in trust to pay the income to testaPEOPLE'S DEPOSIT BANK, Ky., 63 S. W. Rep. 271.

tor's son for life, and on his death the principal to

such persons as would be entitled thereto if he sur. 62. TELEPHONE COMPANIES- Construction of Line vived his wife and died inestate seised and possessed Along Turnpike.- A telephone company incorporated thereof, and in such shares as such persons would in under the general corporation act of April 29, 1874, and guch case be entitled to by law, the rights of a child its supplements is a telegraph company and a turnpike adopted by the son long after testator's death are to is a bighway, within section 33 thereof, providing that be determined according to the law at the time of a telegraph company incorporated thereunder may the son's death.-IN RE KOHLER'S ESTATE, Pa..49 Ati. construct its tine along any highway. - PEOPLE'S

Rep. 286. TELEPHONE & TELEGRAPH Co. v. PRESIDENT, ETC. OF 70. WILLS-Devisee Dying Before Testator.- Where BERKS & D. TURNPIKE ROAD, Pa., 49 Atl. Rep. 284.

testator devised land to his son A subject to his pay. 63. TENANTS IN COMMON-Severence of Mineral and

ment of legacies, with a provision that, if A: did not Surface Rigbtg.-The owner of mineral rights, under a

desire to take the land and pay the legacles, then C reservation in a deed of the surface of the lands. Is

should take it, and pay the legacies, and a certain not a tenant in common or joint owner with the owner

amount to A, and A died before testator, but leaving of the surface, so that either can buy the estate of the

issue surviving him, and indicated no desire to have other at tax sale.-HUTCHISON V. KLINE, Pa., 49 Atl.

the devise transferred to C, and testator intimated Rep. 312.

no purpose to change the will, the issue of A takes

the land subject to the payment of the bequests.64. TRESPASS — Inclosure of Another - Possession

BLACKWELL V. SCOUTEN, Pa., 49 Atl. Rep. 261. Title.- Where defendant purchased land wbile he

21. WILLS-Devise to Testatrix's Children-Vested knew it was in the actual possession of another, who

Interest. Where a fund was devised to a trustee, the had purchased and inclosed it, defendant's claim of

income to be paid testatrix's children, they took a title did not justity bim in turning his cattle into such

vested interest as tenants in common, and not as a inclosure without the consent of the one go in posses.

class with right of survivorship, and hence the estate sion; and a fine for violating the provision of Pen.

of a deceased child was entitled to share in the in. Code, art. 794, prohibiting any person from knowingly

come accruing after such child's death.--STANWOOD V. causing any cattle to go within the inclosure of an.

STANWOOD, Mass., 60 N. E. Rep. 684. other without the consent of the owner, should be sus.

72. WILLS-Undue Influence. ---Undue influence, tained.-BARBER V. STATE, Tex., 63 S. W. Rep. 323.

inducing a woman enthusiastic in church work, and 65. VENDOR and PURCHASER-Contract by Corre. who had no relations nearer than nephews, with spondence.-Asufficient contract for sale and purchase whom she had little acquaintance, to leave the bulk of land may be deduced from correspondence, though of her property to the missionary and educational It does not contain an express acceptance of terms by societies of her church, cannot be inferred from the be purchaser, and agreement to pay; the seller fact that the ministers of the church had influence geveral times averring a contract, and the purchaser with her, and knew in advance of her purpose, no never donying it, but many times tacitly and several suggestion or encouragement by them being shown.times adınitting it, and merely asserting as cause of | APPEAL OF COLNELIUS, Pa., 49 Atl.Rəp. 281

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