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such was entitled to be admitted at any time. One under in accordance with the assigoment laws of tbe day he went to perform the duties of his office, but state will not lie.-H. B. CLAFLIN CO. V. LOBKE, Mo., when he knocked at the gate he was met by a gate.
63 S. W. Rep. 407. keeper who didn't know him and who told bim be
5. BANKRUPTCY - Partnership.-Where one member could not be admitted until the appointed day for tbe
of a firm furnished money, which was deposited with
third party as a payment on a drm contract, and public. His lordsbip straightened himself up and
afterwards became bankrupt, bis trustee had no claim with dignity said, “Do you know wbo I am? I am
to such money under Bapkr. Law, $ 5b, providing the lord chancellor of England." The gate-keeper,
that, in the event of one or more, but not all, the memnothing abashed, replied, “Oh, tbat's all rigbt, my bers of a partnership being adjudged bankrupt, the man ; we'e got three of them in here already."
partnership property shall not be administered in bankruptcy, since the money, when so furnished, be
came the property of the firm.- BURKE V. ROLLISSON, WEEKLY DIGEST.
R.I., 49 Atl. Rep. 694.
6. BANKS AND BANKING-National Banks-Stockhold. UI ALL the Carront Opinions of ALL tho stato erg Subject to Assessment .- Pledgee.- A pledgee of
sbares of stock in a national bank as collateral se. and Torritorial Courts of Last Rosort, and of
curity for a debt due him from the owner, with power tho Supremo, Ciroait and District Conrts of the of attorney to transfer the same on the books of the
bank, does not become a stockholder, and liable to ad Onitod Statos, except thoso tbat aro Pabllobod
assessment as such on the failure of the bank, conla Fall or Commented apon in our Notos of Im.
trary to his intention, by causing the stock to be portant Doctotons and oxcept thos. Opinions in
transferred into the name of an employee, who holds
it for the benefit of all parties interested, nor by any which no Important Logal Principles aro Dis.
other action which is required or is proper for the proonssod of Intorost to the Profession at Largo. tection of both his own interests and those of the
pledgor, and not inconsistent with his retention of the CALIFORNIA...........
stock merely as pledgee, such as paying an assess. GEORGIA ...........
......32, 66, 71
ment required by the comptroller to make good the KENTUCKY, 1, 3, 7, 13, 14, 22, 24, 25, 33, 37, 38, 39, 42, 44, 47,
impaired capital of the bank, and charging the amount 70, 72, 73
to the pledgor.-HIGGINS V. FIDELITY INS., TRUST & MAINK...
SAFE DEPOSIT Co., U. 8. C. C. of App., Tbird Circuit, YLAND................................21. 31. 52. 55. 60, 74
108 Fed. Rep. 475. MISSOURI, 2, 4, 9, 10, 15, 16, 18, 19, 27, 29, 35, 40, 48, 63, 65, 66,
7. BILLS AND NOTES – Admissibility of Evidence un. NEW HAMPSHIRE....
der Plea of Xou est Factum.-Under a simple plea of .............59
non est factum in an action against executors on a NEW JERSKY............................17, 26, 45, 46, 53, 76 RHODE ISLAND.............................. 5, 34, 50, 51, 68
promissory note, the body of which was written by TENNESSEE...........................................8, 8, 61
testator, it was error to permit defendants to prove
that the note sued on had been altered 80 ag to make TEXAS....................................11, 20, 23, 36, 49, 64 UNITED STATES C.C........................30, 41, 43, 57, 67
it appear to be the pote of testator, when in fact be UNITED STATES C.C. OF APP..........................6, 12
had signed it only as a witness, and also that the UNITED STATES D.C....................................28
amount of the note had been changed, as these facts WASHINGTON......
should have been specially pleaded.- WALL F. .....................................04
MUSTER'S EXR8., Ky., 63 8. W. Rep. 432. 1. ACCORD AND SATISFACTION-Acceptance of Part of
8. BONDS-Contract of Sale-Measure of Damages.Debt in Satisfaction of Whole.-The acceptance by a
The measure of damages for breach of a contract for creditor of a part of his debt in satisfaction of the whole
the sale of corporate bonds is the highest value of the WAS without consideration, and therefore does not
bonds, within the time after the breach of the contract preclude bim from recovering the residue, though he
in which the purchaser may reasonably indemnity accepted as part payment of the amount agreed to be
himself by the purchase of similar bonds.-TURNBR . paid by the settlemevt the note of a third person.
JACKSON, Teon., 63 8. W. Rep. 511. MANNAKEE V. MCCLOSKEY, Ky., 63 S. W. Rep. 482. 2. APPEAL-Bill of Exceptions-Signature.- Where a
9. BOUNDARIES - Determination by Owners - Disre. bill of exceptions was not signed, a signing of the find.
gard of Determination.- Where the true dividing lipe
tween adiacent landowners is upknowo, and they ings of fact under the hand and seal of the judge,
agree on a fixed line as the true line, and thereafter three months before the bill of exceptioys was ready to dile, cannot be considered as a signing of the bill,
the parties ignore it, in an action between them to de. and hence did not cure the defect.-COOPER V. MA:
termine the line the true line according to the survey LONEX, Mo., 63 S. W. Rep. 372.
will be enforced.-- BRUMMELL V. HARRIS, Mo., 63 S. W.
Rep. 495. 3. ASSIGNMENT-Liability of Assignor-Failure of As. signee to Sue on Assigned Bond.-The assignee of a
10. BUILDING AND LOAN ASSOCIATIONS-Shareholder's county bond, who has not sought by an action to en.
Deed of Trust-Assignment.-Where a sale and assigoforce the collection of the bond, cannot recover of the
ment by a building association of the bond and deed assignor on the ground that the bond was issued by
of trust of a shareholder was void as ultra rires, a sale the county without authority of law, and that the
of the property under the deed of trust at the instance county refuses, for that reason, to pay.-MAZE V.
of the assignee passed no title.-LOVELACE V. PRATT, OWINGSVILLE BANKING CO., Ky., 63 S. W. Rep. 428.
Mo., 63 S. W. Rep. 83. 4. ASSIGNMENT FOR BENEFIT OF CREDITORS-Trust 11. BUILDING AND LOAN ASSOCIATIONS - Usurious Deed-Preference.-A conveyance by an insolvent Contracts.- Plaintiffs borrowed $900 from a building debtor of all his property in trust to convert the same and loan association. Under the by.laws of the Assointo money, and pay-First, all expenses of the trust; | ciation and their contract they were to pay a hun. second, all claims for wages or labor; third, certain dredth part of the premium on their loan, which specified creditors in full, in the order in which their
amounted to $3 per month, in addition to $6 per month Dames appear in a schedule attached; and, tourth, an interest. The loan could have been paid before maother list of creditors pro rata, the balance, if any, to turity, but the same rate of interest would prevall. be returned to the grantor,-ig a deed of trust giving The maturity of the debt was fixed by the contract and preference, and not a general assignment, for the ben. the by-laws at 100 months, the calculated life of the efit of creditors; hence an action to require the trustee shares. Held, that the contract called for more than to whom such conveyance is made to proceed there. | 12 per cent. interest per annum, and was usurloug.
STATE NAT. LOAN & TRUST Co. v. FULLER, Tex., 63 S. W. Rep. 552.
12. CARRIERS-Action for Loss of Goods-Presump. tion from Fallure to Produce Evidence.-Where plaintiti, in an action against a railroad company to recover for a loss of goods in shipment, introduces evidence wbich tends strongly to show ipferentially 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 eame, that defendant held itsell 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 deter. mining the issue in favor of the plaintiff.-PENNSYLVANIA R. CO.V. ANOKA NAT. BANK, U. 8. 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 thap 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 8. W. Rep. 448.
14. CONSPIRACY-Agreement with Manufacturer Not to Resell Gooda Below a Certain Price.-An agreement by one who buys goods from a mapulacturer, not to resell them for less than a certain price, does not vio. late 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 #city ordinance requiring physicians to report all cases of diphtheria to the board ot health, is not a vio. lation of Copst. art. 2, $5, guarantying religious freedom, and hence an appeal will not lle to the gupreme 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 Warranty-Pay. ment.-Const. art. 10, $ 12, probibiting apy couniy
rom becoming indebted in any year in an amount in excess otte revenues, does not invalidate a county warrant which is valid when 188ued, 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 alter 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 lo89 sustained by reason of those circumstances.-SKIBM V. HILLIKER, X. J., 49 Atl. Rep. 679.
18. COUNTIES - Employment of Attorney - Liability for Services.-Where the county court employed plaintiff to deteni 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 com, pensation.-REYNOLDS V. CLARK CO., Mo., 63 S. W. Rep. 392.
19. COURTS-Delinquent Municipal Taxes-Suit to Collect-Jurisdiction.-Under Copst. art. 6, $ 23, giv. ing the circuit court superintending control over pro. bate courts, and section 22, giving the circuit court
concurrent jurisdiction with interior 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 - Fligbt.Tbe night of one indieted for the same offense cannot be used in evidence against defendant.- LANDERS V. STATK, Tex., 63 8. 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 tbe 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. -It defendant unlawfully and intentionally killed de. ceased, but without malice, he was guilty of voluptary manslaughter; and, as there was some evidence tending to show tbat 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 le void.GRAHAM V. STATE, Tex., 63 8. W. Rep. 558.
24. DAMAGES-Construction of Bond - Liquidated Damages.-The amount named in a bopd 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 agret d 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. DEEDA-Mental Capacity of Grantor.-In the ab. gence 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 $. W. Rep. 477.
26. DORE$8-Money Pald 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.-TURNIR V. BARBER, N. J., 49 Atl. Rep. 676.
27. EJECTMENT-Construction of Deed-Res Judicata. -Actions of jectment, though between the same par. ties, and having the same defenses, and concerning the same title and possession, may be maintained ad infinitum, a 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 justitied 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 Upited 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.-LIVING. STON V. D'ORGENOY, U. S. D. C., D. (La.), 108 Fed. Rep. 469.
29. EQUITY – Cancellation of Notes-Fraud.-Plaint. iffs executed to defendant three notes, payable in one, two, and three years, respectively, as a part of the consideration paid for the dissolution of a partner. ship. An action on the first note, when due, was brought against the plaintiffs, and, one week before 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 can. cellation of the three notes. Held, that plaintiff's election to rescind the contract was within a reason. able time after the discovery of the fraud, and hence plaintiffs were pot 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 hope to be raised by defendant the ensuing season, and made ad. vances thereon to enable defendant to raise and se. cure the crop, the agreement being that complainant ghould market tbe same, and that, after the advances were deducted, the remainder ghould 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; tbat 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 protite of the crop.-A. J. LUCK HOP Co. V. MEKKER, 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 re. corded tberein 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. () 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. EXECUTOR8-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 bis estate to his wile during lile or widowhood, providing that after her death, or if she should marry again, hlg 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.
84. EXECUTORS AND ADMINISTRATORS - Debts - Sale of Real Estate-Ancestral and General Estate-Prefer. ence.-Where a decedent's estate consists in part of ancestral realty and in part of property acquired by purchase, which would go to collateral heire, and it is necessary to sell real estate for debts, as between the two classes of beirs each class of the realty should bear its proportionate burden.- JENKS V. STEERE, R. I., 49 Atl. Rep. 698.
35. EXECUTORS AND ADMINISTRATORS - Fipal Settle. ment-Frand-Non. Payment of Taxes.-Where defend. ant made her floal 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
anal settlement for defendant's fraud in not paying the taxes was properly dismissed.-STATE Ó. SHAW, Mo., 63 8. 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 in. gured premises previous to the destruction thereof.PHENIX ASSUR. CO. OF LONDON V. STENSON, Tex., 63 S. W. Rep. 543.
37. FRAUDS, STATUTE OF - Rights of Parol Purcbaser of Land-Lien for Purchase Price Paid.-In an action by & 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 wagen. titled 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. 126.
38. GUARDIAN AND WARD - Liability as Stockbolder in National Bank-Limitation of Action.-Under Rev. St. U.S. $ 5152, where a guardian, as such, owo8 stock
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 Y. 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 Ownerg-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 lence in obedience to the county court's order.MONROE V. CRAWFORD, Mo., 63 S. W. Rep. 373.
41. INSURANCE-Transfer of Property.-A policy of ingurance 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. 8. C.C., D. (S. Car.), 108 Fed. Rep. 451.
42. INTOXICATING LIQUORS-Volidity of City Ordi. nance Probibiting Sale.-Local laws prohibiting the gale of liquor, which were in force at the time the con. stitution was adopted, were not repealed by section 61 of that instrument, but were modified by the general local option law as to procedyre, amount of liquor per mitted to be sold, and the penalty for selling.-MOL LINS V. CITY OF LANCASTER, Ky., 63 8. W. Rep. 475.
43. JUDGMENT AGAINST CORPORATION - Effect as Evi. dence 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
ugh fraud or coliosion, although it can only be impeached for fraud or want of jurisdiction; hence, under the "full faith and credit" clause of the copsti. tution, such a judgment rendered by a court of Kan. sag 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. JODICIAL SALES – Ioadequacy of Price-Etfect of Political Meeting upon Bidding.- A judgment sustaioing 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 tbe immedi. ate vicinity of a heated political meeting, will not be disturbed, the evidence being contlicting as to whether
the circumstances were such as to interfere with the property bringing a fair price.--MORRIS V. MCCADDEN, Ky., 63 8. W. Rep. 435.
45. LANDLORD AND TENANT - Eviction - Abandon. ment 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 terın of years, consent to the continued occupation of the premises, a tenancy from year to ycar arises. Such consent may be inferred from the words or con. duct 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 returu to tbat 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 amdavit by defendant that he paid to plalotiff, 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 ac. counted for, is not libelous.- DODGE V. SHIVELKY, ky., 63 S. W. Rep. 442.
48. LIFE INSURANCE – Assessment Plan---Application -False Answers.-In an action on a lile policy, it was error to refuse to charge that, if the jury believe in. sured in her application answered "No" to the ques. tion, "Do you now use or have you ever used opium, chloral, cocaine, or any other narcotic drug?" and that the answer wag knowingly untrue, the verdict must be for the defendant, where such issue was raised by the pleading8.-ELLIOTT V. DES MOINKS LIFE A88N., Mo., 63 S. W. Rep. 400.
19. 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 de. murrable 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. 1., 19 Atl. Rep. 697.
51. MORTGAGE-Long-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 advergely 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.
52. MUNICIPAL CORPORATIONS - Appointment of Officers-Mayor-Deciding Vote.-Pub. Loc. Laws, art. 13, $180 (Havre de Grace City Charter), authorizes the mayor to cast the deciding vote in case of a tie vote in the city council on any question whatsoever. Section 43 authorizes the mayor to appoint & city treasurer, and present his pame to the council for confirmation or rejection. Held, that the mayor could cast the de ciding vote confirming sueh appointee in case of a tie vote in the council.--HECHT V. COALK, Md., 19 Atl. Rep. 669.
53. MUNICIPAL CORPORATIONS - Change of Ward Lines.-A resolution of a city changing ward lines is without force, as such changes can only be made by ordinance, under the statute.-STATE V. CITY OF ELIZA. BETH, N. J., 49 Atl. Rep. 686.
54. PARTNERSHIP-Disgolution-Death of PartnerFirm Asgets.-Where the assets of a partnership dig
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 as. sets 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'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 rail. way 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 BALTIMOKE V. MAYOR, ETC. OF BALTIMORE, Md., 49 Atl. Rep. 655.
56. MUNICIPAL CORPORATIONS-Validity of Special Ordinances Violating General Ordinances.-The law making body of a municipal corporation may pass a special ordinance which is in conflict with a prior gen. eral ordinance, when there is nothing in the charter prohibiting this kind of legislation.-BROWN V. AT. LANTA RY. & POWER CO., Ga., 39 8. E. Rep. 71.
57. MUNICIPAL CORPOBATIONS-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 liabl 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 pay. ment.--POTTER V. CITY OF NEW WHATCOM, Wash., 65 l'ac. Rep. 167.
58. NEGLIGENCE AND CONTRIBUTORY NEGLIGENCEWithdrawal of Case from Jury.-Il, 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 conflict of testimony, or because the facts being undig. puted, 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. CUR. BIER, U.S. 0. C. of App, Filth 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 puisance could not recover because of the unsightly appearance of the lot. A lot owner cannot be held liable for creating a puisance by de. positing rubbish on his lot, to the injury of an adjoin. ing 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.
60. OFFICERS-Mayor - Eligibility-Real Estate Agsessment.-The assessment of city real estate of a value greater than $2,000 to a partnership composed of two persons, by which it is owned in common, in a suficient assessment against a member of the pa nerabip to prevent him from being ineligible for the office of mayor, under Pub. loc. Laws, art. 13, $ 142, as amended by Act 1890, ch. 180, rendering a person not assessed for city real estate in the sum of $1,000 ineligible for mayor.-VANNEMAN V. PUSEY, Md., 19 Atl. Rep. 669.
61. PARTITION-Parol.-A proceeding in equity to remove a cloud from title and eject defendants, and
have the title vested in one of the complainants, will not be dismissed because founded on a parol parti. tion between the complainants, where all the parties to the partition joined as complainants, the parol • partition being valid.-HALE V. MORGAN, Tenn., 63 S. W. Rep, 506.
62. NOTE8 - Forgery - Estoppel. --Where money is loaned to an agent for defendant on a note, to which the name of defendant is forged, and the latter kpows the facts and receives the proceeds, he is estopped from denying his liability on the note.-CAMPBELL V. CAMPBELL, Cal., 65 Pac. Rep. 134.
63. QUO WARRANTO-Burden of Proof.-The burden of proof is on defendant corporation in quo warranto proceedings to show a compliance with the require. ments of the law relative to the payment of capitai stock prior to organization.-STATE V. HOGAN, Mo., 63 S. W. Rep. 378.
64. RAILROAD8-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 reluse to instruct that, if sucb 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., 63 8. W. Rep. 634.
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 leet froin the track and listening, and then driving forward, but he shonld stop and listen when about to cross the track.-HOOK V. M1880URI PAC. Rr. CO., Mo., 63 S. W. Rep. 360.
66. RAILROAD8- Fence- Open Gates- Killing of 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 tences, 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 CAUSK8-Sufficiency of PetitionAllegation of Non-residence.-An averment, in peti. tion for removal on the ground of diversity of citi. zenship, that the defendant wag, at the time of the commencement the suit, and still is, a citizen of an. other state, named, is a sufcient allegation that he was at the time of the commencement of the guit and when the petition was filled 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 necesssry legal conclusion.-ZEBERT v. HUNT, U. 8. C.O., D. (lod.), 108 Fed. Rep. 449.
68. SALES-Breach of Warranty-Damages.- Plaipt. iff alleged that he purchased Paris green of defend. antg, to kul potato bugg, and tbat 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. SALK8-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, beld, that Kelley & Eastman had no title to the consigned goods, and defendant took none as their assigbee: 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 Liinit. Under Const. $ 157, a contract by school trustees for the erection of a school houge, which created a debt in excess of the revenues provided for the year was void.-GRADY V. LANDRAM, Ky., 63 S. W. Rep. 284.
71. STREET RAILROAD8-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 RI. & POWER CO., Ga., 39 S. E. Rep. 71.
72. TAXATION-Effect of Overruling Former Decis. jong-Liability to Taxation While Decision was in Force.-An opiniou 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 & larger amount than was due on this account, as the state auditor might have been requir to refund the excess, the time limited for making application therefor not having expired until alter the former opinion was overruled.-BOHANNON V. BANK OF SHELBYVILLE, Ky., 63 S. W. Rep. 174.
73. TAXATION-Exeinptions of Property From Sale for Taxes.-Though Const. § 170, exempts from tasation 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 & right of way of a railroad on its main line, stations, 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 & 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. 195.
76. TAXATION-Tax Sales - Procedure.-It is not necessary for a borough council, when determining what taxpayers are deliquent, in order to sell property tor 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.