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such was entitled to be admitted at any time. One day he went to perform the duties of his office, but when he knocked at the gate he was met by a gate. keeper who didn't know him and who told him he could not be admitted until the appointed day for the public. His lordship straightened himself up and with dignity said, "Do you know who I am? I am the lord chancellor of England." The gate-keeper, nothing abashed, replied, "Oh, that's all right, my man; we'e got three of them in here already."

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1. ACCORD AND SATISFACTION-Acceptance of Part of Debt in Satisfaction of Whole.-The acceptance by a creditor of a part of his debt in satisfaction of the whole was without consideration, and therefore does not preclude him from recovering the residue, though he accepted as part payment of the amount agreed to be paid by the settlement the note of a third person.MANNAKEE V. MCCLOSKEY, Ky., 63 S. W. Rep. 482.

2. APPEAL-Bill of Exceptions-Signature.-Where a bill of exceptions was not signed, a signing of the findings of fact under the hand and seal of the judge, three months before the bill of exceptions was ready to file, cannot be considered as a signing of the bill, and hence did not cure the defect.-COOPER V. MALONEY, MO., 63 S. W. Rep. 372.

3. ASSIGNMENT-Liability of Assignor-Failure of Assignee to Sue on Assigned Bond.-The assignee of a county bond, who has not sought by an action to en force the collection of the bond, cannot recover of the assignor on the ground that the bond was issued by the county without authority of law, and that the county refuses, for that reason, to pay.-MAZE V. OWINGSVILLE BANKING CO., Ky., 63 S. W. Rep. 428.

4. ASSIGNMENT FOR BENEFIT OF CREDITORS-Trust Deed-Preference.-A conveyance by an insolvent debtor of all his property in trust to convert the same into money, and pay-First, all expenses of the trust; second, all claims for wages or labor; third, certain specified creditors in full, in the order in which their names appear in a schedule attached; and, fourth, another list of creditors pro rata, the balance, if any, to be returned to the grantor,-is a deed of trust giving preference, and not a general assignment, for the benefit of creditors; hence an action to require the trustee to whom such conveyance is made to proceed there

under in accordance with the assignment laws of the state will not lie.-H. B. CLAFLIN Co. v. LUBKE, Mo., 63 S. W. Rep. 407.

5. BANKRUPTCY - Partnership.-Where one member of a firm furnished money, which was deposited with a third party as a payment on a firm contract, and afterwards became bankrupt, bis trustee had no claim to such money under Baukr. Law, § 5b, providing that, in the event of one or more, but not all, the members of a partnership being adjudged bankrupt, the partnership property shall not be administered in bankruptcy, since the money, when so furnished, became the property of the firm.- BURKE V. ROLLINSON, R. I., 49 Atl. Rep. 694.

6. BANKS AND BANKING-National Banks-Stockholders Subject to Assessment Pledgee.-A pledgee of shares of stock in a national bank as collateral security for a debt due him from the owner, with power of attorney to transfer the same on the books of the bank, does not become a stockholder, and liable to an assessment as such on the failure of the bank, contrary to his intention, by causing the stock to be transferred into the name of an employee, who holds it for the benefit of all parties interested, nor by any other action which is required or is proper for the protection of both his own interests and those of the pledgor, and not inconsistent with his retention of the stock merely as pledgee, such as paying an assessment required by the comptroller to make good the impaired capital of the bank, and charging the amount to the pledgor.-HIGGINS V. FIDELITY INS., TRUST & SAFE DEPOSIT Co., U. S. C. C. of App., Third Circuit, 108 Fed. Rep. 475.

7. BILLS AND NOTES - Admissibility of Evidence un der Plea of Nou est Factum.-Under a simple plea of non est factum in an action against executors on a promissory note, the body of which was written by testator, it was error to permit defendants to prove that the note sued on had been altered so as to make it appear to be the note of testator, when in fact he had signed it only as a witness, and also that the amount of the note had been changed, as these facts should have been specially pleaded.-WALL V. MUSTER'S EXRS., Ky., 63 8. W. Rep. 432.

8. BONDS-Contract of Sale-Measure of Damages.The measure of damages for breach of a contract for the sale of corporate bonds is the highest value of the bonds, within the time after the breach of the contract in which the purchaser may reasonably indemnify himself by the purchase of similar bonds.-TURNER V. JACKSON, Tenn., 63 S. W. Rep. 511.

9. BOUNDARIES - Determination by Owners - Disre gard of Determination.-Where the true dividing line between adjacent landowners is unknown, and they agree on a fixed line as the true line, and thereafter the parties ignore it, in an action between them to determine the line the true line according to the survey will be enforced.-BRUMMELL V. HARRIS, Mo., 63 S. W. Rep. 495.

10. BUILDING AND LOAN ASSOCIATIONS-Shareholder's Deed of Trust-Assignment.-Where a sale and assignment by a building association of the bond and deed of trust of a shareholder was void as ultra rires, a sale of the property under the deed of trust at the instance of the assignee passed no title.-LOVELACE V. PRATT, Mo., 63 S. W. Rep. 83.

11. BUILDING AND LOAN ASSOCIATIONS - Usurious Contracts.- Plaintiffs borrowed $900 from a building and loan association. Under the by-laws of the association and their contract they were to pay a hun. dredth part of the premium on their loan, which amounted to $3 per month, in addition to $6 per month interest. The loan could have been paid before ma turity, but the same rate of interest would prevail. The maturity of the debt was fixed by the contract and the by-laws at 100 months, the calculated life of the shares. Held, that the contract called for more than 12 per cent. interest per annum, and was usurious.

STATE NAT. LOAN & Trust Co. v. FULLER, Tex., 63 S. W. Rep. 552.

12. CARRIERS-Action for Loss of Goods-Presump tion from Failure to Produce Evidence.-Where plaintiff, in an action against a railroad company to recover for a loss of goods in shipment, introduces evidence which tends strongly to show inferentially that defendant managed and controlled the line of road upon which the loss occurred, although it was owned by a separate corporation, such as that the managing officers of the two companies were the same, that defendant held itself out to the public as operating the line by advertising it as a part of its system, etc., and defendant, although having it within its power, fails to produce evidence to show the actual relation between the two companies, it is a reason. able presumption that such evidence would support plaintiff's contention, and the jury is justified in determining the issue in favor of the plaintiff.- PENNSYL VANIA R. Co. V. ANOKA NAT. BANK, U. S. C. C. of App., Eighth Circuit, 108 Fed. Rep. 482.

13. CARRIERS-Long and Short Haul-Indictment.A railroad company may be indicted for charging more for a short haul than for a long haul, in violation of Const. § 218, and Ky. St. § 820, without recommenda tion by the railroad commission.-ILLINOIS CENT. R. CO. V. COMMONWEALTH, Ky., 63 S. W. Rep. 448.

14. CONSPIRACY-Agreement with Manufacturer Not to Resell Goods Below a Certain Price.-An agreement by one who buys goods from a manufacturer, not to resell them for less than a certain price, does not violate Ky. St. § 3915, known as the conspiracy or trust statute.-COMMONWEALTH V. GRINSTEAD, Ky., 63 S. W.

Rep. 427.

15. CONSTITUTIONAL LAW - Christian Scientist-Vio. lation of Ordinance.-A conviction of a Christian Scientist, who performs alleged services for the sick, and receives compensation therefor, for a violation of a city ordinance requiring physicians to report all cases of diphtheria to the board ot health, is not a vio lation of Const. art. 2, § 5, guarantying religious freedom, and hence an appeal will not lie to the supreme court on the ground that the cause presents a constitutional question.-CITY OF KANSAS CITY V. BAIRD, Mo., 63 S. W. Rep. 495.

16. CONSTITUTIONAL LAW-County Warrants-Pay. ment.-Const. art. 10, § 12, prohibiting any county from becoming indebted in any year in an amount in excess of its revenues, does not invalidate a county warrant which is valid when issued, because the available funds are exhausted before it is reached for payment, but it is payable from the surplus of the revenue collected in subsequent years remaining after paying current expenses for such years.-STATE V. JOHNSON, Mo., 63 S. W. Rep. 390.

17. CONTRACT - Breach of Contract Damages. On breach of contract, the damages to be awarded are those naturally arising from the breach of the con. tract itself, or reasonably in contemplation by the parties at the time of the contract. It is only where a contract is made under special circumstances known to both parties that recovery of damages resulting from its breach may be extended to loss sustained by reason of those circumstances.-SKIRM V. HILLIKER, N. J., 49 Atl. Rep. 679.

18. COUNTIES - Employment of Attorney - Liability for Services.-Where the county court employed plaintiff to defen i a suit against the county, and after plaintiff had prepared his defense, the county court, without his knowledge, settled the suit before trial, the county was liable to plaintiff for the agreed compensation.-REYNOLDS V. CLARK CO., Mo., 63 S. W.

Rep. 382.

19. COURTS-Delinquent Municipal Taxes-Suit to Collect Jurisdiction.-Under Const. art. 6, § 23, giv. ing the circuit court superintending control over pro bate courts, and section 22, giving the circuit court

concurrent jurisdiction with inferior courts, the cir cuit court has jurisdiction of a suit for delinquent taxes against the executor of the taxpayer.-STATE V. EDWARDS, Mo., 63 S. W. Rep. 388.

20. CRIMINAL EVIDENCE Co-Defendant - Flight.The fight of one indicted for the same offense cannot be used in evidence against defendant.- LANDERS V. STATE, Tex., 63 S. W. Rep. 557.

21. CRIMINAL EVIDENCE-Impeachment of Witnesses -Admissibility of Evidence. In a criminal prosecution, a question as to what was the reputation of the prosecuting witness for getting drunk, and afterwards accusing people of stealing from him while in that condition, was improper for the purpose of impeachment, since the inquiry must be as to his reputation for truth and veracity.-HOFFMAN V. STATE, Md., 49 Atl. Rep. 658.

22. CRIMINAL LAW-Homicide-Instructions to Jury. -If defendant unlawfully and intentionally killed de ceased, but without malice, he was guilty of voluntary manslaughter; and, as there was some evidence tending to show that such was the fact, the court should have given an instruction on that subject, – GREER V. COMMONWEALTH, Ky., 63 S. W. Rep. 443.

23. CRIMINAL TRIAL - Judge Disqualification.Where a judge was disqualified to try a criminal case, the whole proceedings in the case are an absolute nullity, and a judgment rendered thereon is vold.— GRAHAM V. STATE, Tex., 63 S. W. Rep. 558.

24. DAMAGES-Construction of Bond - Liquidated Damages. The amount named in a bond as liquidated damages for its breach will be treated as such if the damages resulting would be very uncertain, and evi. dence of their amount difficult to obtain, and the fair import of the agreement is that the amount fixed is agreed on to avoid the expense and difficulty of prov· ing actual damage, and the amount is not out of proportion to the actual cash damage.-COMMONWEALTH V. GINN, Ky., 63 S. W. Rep. 467.

25. DEEDS-Mental Capacity of Grantor.-In the absence of undue influence, a deed will not be set aside for want of mental capacity on the part of the grantor unless it appears that he was laboring under such a degree of mental infirmity as rendered him incapable of understanding and protecting his own interests.LASSITER'S ADMR. V. LASSITER'S EXR., Ky., 63 S. W. Rep. 477.

26. DURESS-Money Paid Under Legal Process-Recovery.-Money paid under legal process in a judicial proceeding with full knowledge of the facts is, in the absence of fraud or duress, not recoverable.-TURNER V. BARBER, N. J., 49 Atl. Rep. 676.

27. EJECTMENT-Construction of Deed-Res Judicata. -Actions of ejectment, though between the same parties, and having the same defenses, and concerning the same title and possession, may be maintained ad infinitum, & judgment therein not barring a subsequent action.-SPEED V. ST. LOUIS M. B. TERMINAL RY. CO., Mo., 63 S. W. Rep. 393.

28. EJECTMENT-Stay at Request of Third Party.Plaintiff brought ejectment. Defendant justified the ouster as an official act while marshal of the United States, in pursuance of an act of congress, and denied any other removal, interference, or possession of the premises. Defendant was no longer an officer of the United States. The attorney of the United States moved that the proceedings be stayed. Held that, as it would be wrong to decide the rights of the United States in a suit against one no longer an officer thereof, the proceedings would be stayed.-LIVINGSTON V. D'ORGENOY, U. S. D. C., D. (La.), 108 Fed. Rep. 469.

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the trial, plaintiffs discovered fraud on the part of the defendant in the contract of dissolution, and immedi. ately brought this suit for an accounting and the cancellation of the three notes. Held, that plaintiff's election to rescind the contract was within a reasonable time after the discovery of the fraud, and hence plaintiffs were not remitted to an action for damages, the suit to rescind not being barred by delay.—PAQUIN V. MILLIKEN, Mo., 63 S. W. Rep. 417.

30. EQUITY-Jurisdiction-Adequate Remedy at Law. -A bill alleged that complainant, by a contract with defendant, purchased the entire crop of hops to be raised by defendant the ensuing season, and made advances thereon to enable defendant to raise and secure the crop, the agreement being that complainant should market the same, and that, after the advances were deducted, the remainder should be equally di vided between the parties; that defendant had refused to deliver the hops, but had secreted the same and falsely understated the amount. An injunction was prayed to restrain defendant from disposing of such hops. Held, that the bill stated a cause of action in equity for an accounting and division of the profits in accordance with the contract; that the allegation of ownership in complainant was merely incidental to such relief, and did not restrict complainant to its remedy at law by replevin or trover,- the entire facts alleged, in effect, making the parties partners in the profits of the crop.-A. J. LUCE HOP Co. v. MEEKER, U. S. C. C., D. (Oreg.), 108 Fed. Rep. 465.

31. EVIDENCE Admissibility-Books of Account.— Books of account of a party to the transactions recorded therein are not admissible, as independent evidence, to charge the other party, in an action against the estate of the party keeping the books.— GILL V. STAYLOR, Md., 49 Atl. Rep. 650.

32. EVIDENCE-Secondary Evidence-Admissibility. -In order to render admissible secondary evidence of the contents of a writing, it must be affirmatively shown that at the time the same is offered the original is not in existence, or is inaccessible or lost. (s) This is not shown by proving that long previous to the trial the person in whose custody the paper was shown to have last been had made an ineffectual search for it, without showing that he had not in the meantime found it, or that it was still inaccessible or lost.-LOTT v. BUCK, Ga., 39 S. E. Rep. 70.

33. EXECUTORS-Power of Executor to Sell Land.-A provision of a will that the executor may act without executing a bond is at all times subject to the review of the courts. A testator devised all his estate to his wife during life or widowhood, providing that after her death, or if she should marry again, his estate should be equally divided among his children. He then provided: "My executor or executrix shall have power and authority to sell and mortgage all or any part of my estate, and make conveyances thereof," and by a subsequent clause appointed his wife execu. trix, without bond. Held, that the power of sale was a personal trust to the widow, to be exercised by her in her capacity as executrix, and is not limited to a power of sale for purposes of administration.-BUSCH V. RAPP, Ky., 63 S. W. Rep. 479.

34. EXECUTORS AND ADMINISTRATORS - Debts - Sale of Real Estate-Ancestral and General Estate-Preference. Where a decedent's estate consists in part of ancestral realty and in part of property acquired by purchase, which would go to collateral heirs, and it is necessary to sell real estate for debts, as between the two classes of heirs each class of the realty should bear its proportionate burden.-JENKS V. STEERE, R. I., 49 Atl. Rep. 698.

35. EXECUTORS AND ADMINISTRATORS - Final Settle. ment-Fraud-Non-Payment of Taxes.-Where defend. ant made her final settlement as administratrix of an estate in November, 1892, and subsequently taxes were levied against the estate which could not have been paid prior to September, 1893, a bill to set aside the

final settlement for defendant's fraud in not paying the taxes was properly dismissed.-STATE V. SHAW, Mo., 63 S. W. Rep. 371.

36. FIRE INSURANCE-Defense of Arson-Evidence.Where, in an action on a fire policy, the defense was that insured had set the fire, it was not error to admit evidence as to fires caused by an arc lamp in the insured premises previous to the destruction thereof.PHOENIX ASSur. Co. of LONDON V. STENSON, Tex., 63 S. W. Rep. 543.

37. FRAUDS, STATUTE OF — Rights of Parol Purchaser of Land-Lien for Purchase Price Paid.—In an action by a parol purchaser of land against the heirs of his vendor to enforce the contract of sale, while plaintiff was not entitled to enforce the contract he was entitled to a lien for the purchase money paid and for the value of his improvements, after accounting for rents and profits.-BOGARD V. TURNER, Ky., 63 S. W. Rep. 426.

38. GUARDIAN AND WARD-Liability as Stockholder in National Bank-Limitation of Action.-Under Rev. St. U. S. § 5152, where a guardian, as such, owns stock in a national bank, neither he nor his ward is subject to any personal liability as stockholder, but only the estate of the ward in his hands is liable.-CLARK V. OGILVIE, Ky., 63 S. W. Rep. 429.

39. HIGHWAYS-Liability of Road Supervisor on Bond. There can be no recovery on the bond of a county supervisor of roads for personal injuries resulting from the breaking of a plank bridge or culvert forming part of a public road.-COLEMAN V. EAKER, Ky., 63 S. W. Rep. 484.

40. HIGHWAYS - Opening - Property Owners-Void Order. Where a county court ordered a road to be opened without notice to interested parties, its order was void, and conveyed no authority on the overseer to open the road; and hence injunction would lie to restrain the overseer from tearing down and remov. ing a fence in obedience to the county court's order.MUNROE V. CRAWFORD, Mo., 63 S. W. Rep. 373.

41. INSURANCE-Transfer of Property.-A policy of insurance against fire declared that the transfer of the property insured, without the consent of the insurer, would avoid the policy. When the property covered by such a policy is transferred to a third party, with the consent of the insurer, a new contract arises between the insurer and the transferee of the property, in effect the same as the issuance of a new policy.VIRGINIA-CAROLINA CHEMICAL CO. V. SUNDRY INS. COS.. U. S. C. C., D. (S. Car.), 108 Fed. Rep. 451.

42. INTOXICATING LIQUORS-Validity of City Ordi nance Prohibiting Sale.-Local laws prohibiting the sale of liquor, which were in force at the time the constitution was adopted, were not repealed by section 61 of that instrument, but were modified by the general local option law as to procedure, amount of liquor permitted to be sold, and the penalty for selling.-MULLINS V. CITY OF LANCASTER, Ky., 63 S. W. Rep. 475. 43. JUDGMENT AGAINST CORPORATION - Effect as Evidence against Stockholder - Impeachment for Fraud. -Under the law of Kansas, a judgment against a cor poration is not conclusive against a stockholder who was not a party to the action, if it was obtained through fraud or collusion, although it can only be impeached for fraud or want of jurisdiction; hence, under the "full faith and credit" clause of the constitution, such a judgment rendered by a court of Kansas is required to be given the same effect, but no greater, in an action against a stockholder in a court of another jurisdiction.-BALL V. WARRINGTON, U. S. C. C. of App., Third Circuit, 108 Fed. Rep. 472.

44. JUDICIAL SALES Inadequacy of Price-Effect of Political Meeting upon Bidding.-A judgment sustaining exceptions to a commissioner's report of sale on the ground that the price was grossly inadequate, and that the sale took place at the time and in the immedi ate vicinity of a heated political meeting, will not be disturbed, the evidence being conflicting as to whether

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the circumstances were such as to interfere with the property bringing a fair price.-MORRIS v. MCCADDEN, Ky., 63 S. W. Rep. 435.

45. LANDLORD AND TENANT Eviction Abandonment by Lessee.-The reletting by a landlord of a part of leased premises to a third person is an eviction that during its continuance suspends the whole rent. -DOLTON V. STATE, N. J., 49 Atl. Rep. 679.

46. LANDLORD AND TENANT-Tenancy from Year to Year-Evidence.-If a landlord, after the expiration of a term of years, consent to the continued occupation of the premises, a tenancy from year to year arises. Such consent may be inferred from the words or conduct of the parties. If, upon an action for rent before the district court, such consent be inferred from testi. mony capable of supporting such an inference, a return to that effect establishes the tenancy in this court, and a judgment for the rent due under it will not be disturbed.-YETTER V. STATE, N. J., 49 Atl. Rep. 678.

47. LIBEL AND SLANDER Words Charging Breach of Trust.-An affidavit by defendant that he paid to plaintiff, for the county treasurer, back taxes of a certain amount, and that the tax bill on which they were paid has never been marked "Paid" upon the tax books, and that no part of the sum has ever been accounted for, is not libelous.-DODGE V. SHIVELEY, Ky., 63 S. W. Rep. 442.

48. LIFE INSURANCE — Assessment Plan-Application -False Answers.-In an action on a life policy, it was error to refuse to charge that, if the jury believe insured in her application answered "No" to the question, "Do you now use or have you ever used opium, chloral, cocaine, or any other narcotic drug?" and that the answer was knowingly untrue, the verdict must be for the defendant, where such issue was raised by the pleadings.-ELLIOTT V. DES MOINES LIFE ASSN., Mo., 63 S. W. Rep. 400.

49. LIMITATIONS-Suit by Next Friend.-The bringing of an action by a father, as next friend, for an injury to his son, does not create the relation of guardian and ward, so as to start the running of limitations against the minor.-GALVESTON, ETC. RY. Co. v. WASHINGTON, Tex., 63 S. W. Rep. 538.

50. MALICIOUS PROSECUTION- Declaration.-In an action for malicious prosecution, a declaration is demurrable which fails to allege the travel and result of the action complained of as malicious, in the court where such action was begun.-HULL V. SPRAGUE, R. I., 49 Atl. Rep. 697.

51. MORTGAGE-Loss-Stale Claim.-A mortgage was 24 years old when a bill to foreclose it was filed. No payment of principal or interest had ever been made or demanded. A portion of the property was claimed and possessed adversely to the mortgagor and his grantee for a time, but such grantee had had actual possession for more than 20 years. Held, that the claim was stale, and the bill should be dismissed.EDDY V. CAMPBELL, R. I., 49 Atl. Rep. 702.

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solved by the death of one of its members were used by a new firm formed by the surviving partner, the old partnership was entitled to a share in the profits of the new firm proportionate to the value of the assets of the old firm used, as compared with the value of the property or services contributed by the new firm, but all the property of the new firm should not be regarded as assets of the old.-PAINTER'S EXR'S v. PAINTER, Cal., 65 Rep. 135.

55. MUNICIPAL CORPORATIONS — Taxation-Annexed Territory-Railroad Right of Way.-Acts 1888, ch. 98, annexing certain territory to Baltimore city, and providing that the tax assessed on all land and property for 1900 shall not exceed the county rate until streets have been opened and a certain number of buildings erected on each block, does not exempt a street railway from the payment of the ordinary city tax rate on its right of way and tracks situated in such territory. -UNITED RAILWAYS & ELECTRIC CO. OF BALTIMORE V. MAYOR, ETC. OF BALTIMORE, Md., 49 Atl. Rep. 655,

56. MUNICIPAL CORPORATIONS-Validity of Special Ordinances Violating General Ordinances.-The lawmaking body of a municipal corporation may pass a special ordinance which is in conflict with a prior general ordinance, when there is nothing in the charter prohibiting this kind of legislation.-BROWN V AT. LANTA RY. & POWER CO., Ga., 39 S. E. Rep. 71.

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57. MUNICIPAL CORPORATIONS-Street Improvements -Warrants Payment. Where warrants issued for street improvements exceeded the amount which could be lawfully assessed against the property ben. efited, and the city levied an assessment for the full lawful amount, and there were a sufficient number of outstanding warrants antedating those of plaintiff to absorb the entire assessment, the city was not liable for the payment of plaintiff's warrants out of its gen. eral fund, since it neither contracted to pay them, nor misappropriated any fund collected for their payment.-POTTER V. CITY OF NEW WHATCOM, Wash., 65 Pac. Rep. 167.

59. NEGLIGENCE AND CONTRIBUTORY NEGLIGENCEWithdrawal of Case from Jury.-If, in an action by an employee for personal injuries,there is uncertainty,on all the evidence, as to the existence of negligence or contributory negligence, whether arising from a con. flict of testimony, or because the facts being undisputed, fair minded men may honestly draw different conclusions therefrom, the case should not be with drawn from the jury. Neither should it be withdrawn unless the conclusion follows, as a matter of law, that no recovery can be had on any view which can be properly taken of the facts which the evidence tends to establish.-TENNESSEE COAL, IRON & RY. Co. v. CURRIER, U. S. C. C. of App, Fifth Circuit, 108 Fed. Rep. 19

59. NUISANCE-Rubbish.-Where, at the request of the owner of a lot adjoining plaintiff's, defendant deposited rubbish on such lot, plaintiff in an action for creating a nuisance could not recover because of the unsightly appearance of the lot. A lot owner cannot be held liable for creating a nuisance by de. positing rubbish on his lot, to the injury of an adjoining owner, unless foul or unhealthy gases or other substances or orders escape from the lot.-LANE V. CITY OF CONCORD, N. H., 49 Atl. Rep. 687.

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64.

RAILROADS-Accident on Tracks-Unavoidable Accident. Where there is evidence, in an action for injuries received by plaintiff being run over by a train, that he was standing on the track, and, in stepping near the train, slipped under the wheels, it is error to refuse to instruct that, if such facts are found to be true, plaintiff cannot recover, since such evidence tends to show an unavoidable accident.GALVESTON, H. & S. A. RY. Co. v. WASHINGTON, Tex., 638. W. Rep. 534.

65. RAILROADS — Crossing Contributory Negli. gence.-A person driving toward a railroad crossing, where his view of the track is obstructed to within 10 feet thereof, and who knows that it is but two or three minutes after the time of the regular train, is not freed from contributory negligence by stopping 35 feet from the track and listening, and then driving forward, but he should stop and listen when about to cross the track.-HOOK V. MISSOURI PAC. RY. Co., Mo., 63 S. W. Rep. 360.

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Gates- Killing RAILROADS Fence- Open Stock.-Under Rev. St. 1889, § 2611, requiring railroad companies to erect and maintain lawful fences with openings and gates therein at all necessary farm crossings, under the penalty of double damages for injuries to stock arising from failure to maintain such fences, etc., a railroad company was not liable for killing stock which had come on the track through a properly constructed sliding gate carelessly left open by some unknown person without the actual or imputable knowledge or notice of the company.— KAVANAUGH v. ATCHISON, T. & S. F. RY. Co., Mo., 63 S. W. Rep. 374.

67. REMOVAL OF CAUSES-Sufficiency of PetitionAllegation of Non-residence.-An averment, in peti. tion for removal on the ground of diversity of citi. zenship, that the defendant was, at the time of the commencement the suit, and still is, a citizen of an. other state, named, is a sufficient allegation that he was at the time of the commencement of the suit and when the petition was filed a non resident of the state in which the suit was brought, within the requirements of the removal act of 1887-88, since a person cannot be a resident of two states at the same time. While it is the well-established rule that the fact of such non. residence must clearly appear from the petition or record, and that no fact can be taken by intendment, no set form of words is indispensable, and it is suffi cient to allege facts from which such non-residence follows as a necessary legal conclusion.-ZEBERT V. HUNT, U. S. C. C., D. (Ind.), 108 Fed. Rep. 449.

68. SALES-Breach of Warranty-Damages.-Plaintiff alleged that he purchased Paris green of defendants, to kill potato bugs, and that because of the im. pure and weak character of the article it failed to kill them, and that by reason of such failure plaintiff's crop was ruined. Held, that the alleged damages were not so remote and indefinite as to render the declaration demurrable.-KENT V. HALLIDAY, R. I., 49 Atl. Rep. 700.

69. SALES-Consignment-Record-Assignment.-In an action to recover that sum, and also $46 received by defendant as proceeds of other consigned goods of plaintiff sold by Kelley & Eastman on credit, held, that Kelley & Eastman had no title to the consigned goods, and defendant took none as their assignee; and that the goods, and the purchase price for them, until paid to consignees, were the property of the plaintiff.-RICHARDSON MFG. Co. v. BROOKS, Me., 49 Atl. Rep. 673.

70. SCHOOLS AND SCHOOL DISTRICTS-Creation of Indebtedness in Excess of Constitutional Limit.Under Const. § 157, a contract by school trustees for the erection of a school house, which created a debt in excess of the revenues provided for the year was vold.-GRADY V. LANDRAM, Ky., 63 S. W. Rep. 284.

71. STREET RAILROADS-Legislative Grant-Use of Streets-City's Consent.-The general assembly had in 1891 authority to grant corporate powers to a streetcar company, though the consent of the corporate authorities of the town or city in which the lines of street railway were to be located had not been first obtained; but the grant of such powers do not authorize the construction of a line of street railway upon the streets of any town or city until the consent of the corporate authorities had been obtained.BROWN V. ATLANTA RY. & POWER CO., Ga., 39 S. E. Rep. 71.

72. TAXATION-Effect of Overruling Former Decis ions-Liability to Taxation While Decision was in Force. An opinion holding that banks were not, subject to county taxation, having subsequently been overruled, banks may now be required to pay county taxes for the period during which that opinion was in force, as it merely suspended the collection of such taxes until it was overruled; and this is true though the banks, in conformity to that opinion, paid as state taxes a larger amount than was due on that account, as the state auditor might have been required to refund the excess, the time limited for making application therefor not having expired until after the former opinion was overruled.-BOHANNON V. BANK OF SHELBYVILLE, Ky., 63 S. W. Rep. 474.

73. TAXATION-Exemptions of Property From Sale for Taxes.-Though Const. § 170, exempts from taxation personal property of a person with a family, "not exceeding $250 in value," nothing is exempt from levy and sale for such taxes as the owner does in fact Owe.-REAMS V. MCHARGUE, Ky., 63 S. W. Rep. 437.

74. TAXATION- Liability- "From and After." Under Acts Assem. 1888, ch. 98, § 19 (Annexation Act), providing that "from and after" the year 1900 certain property aunexed to Baltimore should be taxed at the city rate, the city rate could not be imposed for the year 1900.-SINDALL V. MAYOR, ETC. OF BALTIMORE, Md., 49 Atl. Rep. 645.

75. TAXATION-Railroads-Right of Way.-Rev. St. 1899, § 9339, requires that not only the land covered by a right of way of a railroad on its main line, sta tions, etc., but also land covered by side tracks and used as a switch yard, shall be assessed for taxation by the state board of equalization. Held, that where a railroad company purchasd a lot for use for side tracks, removed buildings, and leveled the land, and constructed a side track across the western portion, and intended to lay a track on the eastern portion as soon as it could acquire title to certain other prop erty, the eastern portion of the lot was a part of the switch yards, and assessable by the state board of equalization, and not by the county assessor.-STATE V. CHICAGO, R. I. & P. RY. Co., Mo., 63 S. W. Rep. 495. 76. TAXATION-Tax Sales-Procedure.-It is not necessary for a borough council, when determining what taxpayers are deliquent, in order to sell property for arrears of taxes, to cause notice to the payers said to be delinquent before ordering the statutory proceedings to sell to perfect the tax lien.-STATE V. BOROUGH OF SEA ISLE CITY, N. J., 49 Atl. Rep. 685.

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