105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 121, 124, 125, 127, 128, 129, 132, 134, 158, 159, 161, 162, 163, 166, 178, 184, 185. CALIFORNIA, 7, 35, 43, 53, 56, 81, 82, 91, 102, 118, 122, 138, 150, 151, 160, 164, 165, 188, 189, 190. COLORADO......... CONNECTICUT

.4, 5, 10, 27, 28, 29, 87, 96, 141, 143, 182 .......179 ......174 3, 39, 54, 183, 149, 170 ....6, 8 ........................................ 9, 92, 145, 155, 175 ........57, 79 MISSISSIPPI........................1, 41, 88, 126, 154, 181, 183 ....11, 13, 58, 144

DELAWARE....................
GEORGIA.....................................................

LOUISIANA............ MARYLAND.............

RHODE ISLAND...

.12, 26, 77, 90, 101, 103, 152, 186 UNITED STATES C. C....... ...23, 42, 48, 167 UNITED STATES C. C. OF APP., 15, 17, 30, 40, 93, 119, 120, 123, 147.

UNITED STATES D. C..... ...20, 21, 22 UNITED STATES S. C., 18, 19, 24, 25, 31, 32, 33, 44, 45, 46, 59, 75, 76, 94, 95, 100, 140, 142, 148, 156, 157, 169, 171, 176, 180

1. ABATEMENT AND REVIVAL Objection Limit ation.-Objection that an action should have been revived in the name of the successor of an officer suing in his offical capacity held to have been made too late.-SOUTHERN RY. Co. v. MILLER, Miss., 30 South. Rep. 68.

2. APPEAL AND ERROR-Admission of Incompetent Evidence.-Admission of incompetent evidence held cured by instruction to disregard it.-TAPSCOTT v. GIBSON, Ala., 29 South. Rep. 23.

3. APPEAL AND ERROR-Bill of Exceptions-Main and Cross-Bill.-Where there is both a main bill and a crossbill of exceptions, and the latter presents controlling question, it will be disposed of first, and, if judgment thereon is reversed, the writ issued on the former will be dismissed.-RIVES V. RIVES, Ga., 39 S. E. Rep. 79.

4. APPEAL AND ERROR- Bond- Failure to Perfect Appeal.-On dismissal of an appeal for want of jurisdiction, the failure to effectually prosecute the appeal was a breach of the conditions of the appeal bond.SWOFFORD BROS. DRY GOODS Co. v. LIVINGSTONE, Colo., 65 Pac. Rep. 413.

5. APPEAL AND ERROR-Bond-Requisites.- On dis. missal of an appeal, an appeal bond though not com. plying with Mills' Ann. Code, § 388, held to form a valid common-law contract.-SwOFFORD BROS. DRY-GOODS CO. LIVINGSTONE, Colo., 65 l'ac. Rep. 413.

6. APPEAL AND ERROR-Bond-Requisites. - Bond on appeal from order denying new trial held sufficient, when filled simultaneously with the notice of appeal.ZIENKE V. NORTHERN PAC. RY. Co., Idaho, 65 Pac. Rep. 431.

7. APPEAL AND ERROR-Concession of Appellant.The court on appeal is not bound by a concession as to the law made by appellant's attorney.-BRADLEY V. CLARK, Cal., 65 l'ac., Rep. 395.

especially where the trial court has refused to do so.— SMITH V. SMITH, Colo., 65 Pac. Rép. 401.

11. APPEAL AND ERROR — Evidence - Sufficiency.Question as to sufficiency of evidence to sustain ver dict cannot be reviewed on appeal from judgment.— WITHERS V. KEMPER, Mont., 65 Pac. Rep. 422.

12. APPEAL AND ERROR-Exceptions -New Trial.The action of the district court in charging a garnishee should be presented for review by exceptions, and not by motion for a new trial.-WIGHTMAN V. KRUGER, R. I., 49 Atl. Rep. 395.

13. APPEAL AND ERROR-Instructions-Definitions.In an action for injury from a defective sidewalk, the verdict should not be set aside because of an omission in one place in the charge of the word "reasonable" In defining the duty of the city, when the charge as & whole was correct.-LEONARD V. CITY OF BUTTE, Mont., 65 Pac. Rep. 425.

14. APPEAL AND ERROR-Parties-Objections in Trial Court. Refusal to make third party a party defendant in unlawful detainer will not be reviewed, when neither the motion nor the ground thereof appears in the record.-SPANN V. TORBERT, Ala., 30 South. Rep. 389.

15. APPEAL AND ERROR-Stipulations-Matters Reviewable.-Where an action is tried by stipulation before the court the only matters reviewable are the rulings made during the progress of the trial to which exception was taken and preserved by bill of excep tions. OGDEN CITY V. WEAVER, U. S. C. C. of App., Eighth Circuit, 108 Fed. Rep. 564.

16. ATTACHMENT — Equities of Grantee of Land.Where land conveyed has been misdescribed in deed, and thereafter is levied on by creditors of grantor, the lien is subordinate to the equities of the grantee in the deed.-BIELER V. DREHER, Ala., 30 South. Rep.

22.

17. BANKRUPTCY- Exemption- Homestead- Where extent of a bankrupt's homestead is uncertain, the title to all the property may properly be treated as vesting in the trustee, subject to such exemption as may finally be awarded and defined.- IN RE MAYER, U. S. C. C. of App., Seventh Circuit, 108 Fed. Rep 599.

18. BANKRUPTCY-Preference-Payments in Money.-— Creditor, receiving payments from insolvent within four months before bankruptcy, but not knowing the payments were preferences, cannot be compelled to to repay the money, but must surrender the prefer ences before filing any claim against the estate.PIRIE V. CHICAGO TITLE & TRUST CO., U. S. S. C., 21 Sup. Ct. Rep. 906.

19. BANKRUPTCY-Preference-Payment in Money.— Payments in money are transfers of property, within the meaning of the bankruptcy act of 1898, relative to preferences by insolvents.-PIRIE v. CHICAGO TITLE & TRUST CO., U. S. S. C., 21 Sup. Ct. Rep. 906.

20. BANKRUPTCY- Preference- Mortgage.- A mortgage given by a bankrupt within four months prior to the bankruptcy, and taken by the creditor, with knowi edge of his insolvency, is void in toto as a preference. where the bankrupt waives his right of exemption and under the laws of the state the mortgagee cannot claim it for him.-IN RE SCHULLER, U. S. D. C., D.

23. BANKS AND BANKING-National Banks- Liquida. tion. The officers of a national bank have no power to incur a liability on the part of such bank after it has gone into liquidation which will be binding on the shareholders.-Moss v. WHITZEL, U. s. C. C., W. D. Mo.), 108 Fed. Rep. 579.

24. BANKS AND BANKING-Receiver-Not Liable for Fraud on Stockholder.-Receiver of national bank is not liable for damages sustained by purchaser of stock because of fraud of the officers of the bank in the transaction.-LANGTRY V. WALLACE, U. S. S. C., 21 Sup. Ct. Rep. 878.

25. BANKS AND BANKING- Stockholders-Statutory Liability.-Fraudulent representations by which per. son is induced to become stockholder of national bank held no defense to action by receiver of bank to enforce statutory liability of the stockholders.-LANTRY V. WALLACE, U. S. S. C., 21 Sup. Ct. Rep. 878.

26. BENEFICIAL ASSOCIATION-By-law Prohibiting Resort to Law Invalid.-A by law of a beneficial society that every contest with a member shall be submitted to a committee, and that such decision shall be final, is invalid and no defense to an action by a member against the society to enforce a pecuniary obligation. PEPIN V. SOCIETE ST. JEAN BAPTISTE, R. I., 49 Atl. Rep. 387.

28. BILLS AND NOTES Negotiability - Option to Pay.-A provision in a note that it may be paid before maturity at the option of the maker does not render it non-negotiable.-COWing v. Cloud, Colo., 65 Pac. Rep. 417.

29. BILLS AND NOTES-Payment to Payee-Indorsee.Payments made by the maker of a note to payee held not binding on the indorsee on the ground that the payee was the agent of the indorsee.-COWING V. CLOUD, Colo., 65 Pac. Rep. 417.

The

30. BILLS AND NOTES- Valldity - Evidence. maker and indorser of a promisory note are com petent witnesses to testify to facts which render such note invalid between the parties thereto.-METROPOLITAN NAT. BANK V. JANSEN, U. S. C. C. of App., Eighth Circuit, 108 Fed. Rep. 572.

31. BROKERS-Stock-Ratification.- Failure of princi. pal to repudate sale made by broker on stock ex. change immediately on notice thereof held to operate as a ratification.-CLEWS V. JAMIESON, U. S. S. C., 21 Sup. Ct. Rep. 845.

32. BROKERS-Tender of Stock-Legal Title-Tender of stock by broker who has sold it for his principal held not invalid because the principal did not at the time have any legal title to the stock.-CLEWS V. JAMIESON, U. S. 8. C., 21 Sup. Ct. Rep. 845.

33. BROKERS-Undisclosed Principal and Purchaser Privity.-Privity of contract exists between undis. closed principal of broker who sells stock aud one who buys equal amount of stock from another party and is made a substituted purchaser under rules of exchange.-CLEWS V. JAMIESON, U. S. S. C., 21 Sup. Ct., Rep. 845.

34. BUILDING AND LOAN ASSOCIATIONS-Double Relation of Shareholder and Borrower.-Contractual relation of shareholder and borrower, borne by a person to building association, and separate duties resting upon him, held distinct,so that subscription and borrowing did not constitute a single transaction, such as a scheme or device to avoid the usury laws.-PIONEER SAVINGS & LOAN Co. v. NONNEMACHER., Ala., 30 South. Rep. 79.

35. BUILDING CONTRACT-Terms-Non-Compliance.The repairing of a building by plaintiff held not to constitute a compliance with the terms of an unre corded written contract for the work, and hence

plaintiff was not entitled to recover the reasonable value of his services and material.-LAIDLAW V. MARYE, Cal., 65 Pac. Rep. 391.

36. CANCELLATION OF INSTRUMENTS-Pleading.-A bill seeking cancellation of a conveyance of real estate for fraud is demurrable where the material allegations of fraud are not alleged directly and positively, but are left to be deduced from inference from other averments.-PINKSTON V. BOYKIN, Ala., 30 South. Rep. 398. 37. CARRIERS-Subrogation-Insurance.-Stipulation that, in case of damage through carrier's negligence, it should have benefit of any insurance, held valid.Roos v. PHILADELPHIA, W. & B. R. Co., Pa. 49 Atl. Rep. 344.

38. CERTIORARI-Agreement to Extend Time.-Under Code, § 2827, providing that appeal from judgment in certiorari must be taken within 30 days, the parties cannot by agreement extend the time.-LUSK V. CAPEHART, Ala., 30 South. Rep. 31.

39. CERTIORARI-Notice.-It is too late to give notice to defendant in certiorari after term of superior court to which it was returnable.-BUNN v. HENDERSON, Ga., 39 S. E. Rep. 78.

40. COLLISION-Designated Anchorage.-A steamship held not guilty of negligence in anchoring over night in the Delaware river at Philadelphia outside the des. ignated anchorage grounds. -THE CITY OF DUNDEE, U. S. C. C. of App., Third Circuit, 108 Fed. Rep. 679.

41. COMPROMISE AND SETTLEMENT-Conclusiveness.Plaintiff's acceptance of a certain sum in satisfaction of timber cut from land held to preclude plaintiff from recovering the statutory penalty of $15 per tree.-DARRILL V. DODDS, Miss., 30 South. Rep. 4.

42. CONSTITUTIONAL LAW-Assessments for Street Improvements.-Rule for making special assessments for street improvements prescribed by Ky. St. §§ 2832, 2839, held constitutional.-ZEHNDER v. BARBER ASPHALT PAV. Co., U. S. C. C., D. (Oreg.), 108 Fed. Rep. 570.

43. CONSTITUTIONAL LAW--Collateral Inheritance Tax. -St. 1897, p. 77, exempting a testator's nieces and nephews, when residents of California, from collateral inheritance tax, held unconstitutional, as in contravention of Const. U. S. art. 4, § 2.-IN RE MAHONY'S ESTATE, Cal., 65 Pac. Rep. 389.

44. CONSTITUTIONAL LAW-Due Process-Assessment for Sewer.-Imposition of cost of maintaining public sewers by special assessment on property owners who have paid for their construction, in case they use them, does not deprive them of property without due process of law.-CARSON V. SEWER COM'RS OF BROCKTON, U. S. S. C., 21 Sup. Ct. Rep. 860.

45. CONSTITUTIONAL LAW-Due Process-Sewer Rental. -Ordinance imposing an annual rental for the use of a public sewer, which use is optional with taxpayer, does not deprive him of property without due process of law.-CARSon v. Sewer COM'RS OF BROCKTON, U. S. S. C., 21 Sup. Ct. Rep. 860.

46. CONSTITUTIONAL LAW-Due Process-Trial of Insane Persons.-A person is not deprived of liberty without due process of law by being adjudged a lunatic in his absence, where he is duly served with process, but is not produced on trial because of condition of his health.-SIMON V. CRAFT, U. S. S. C., 21 Sup. Ct. Rep. 836.

47. CONSTITUTIONAL LAW - Innkeepers - Obtaining Board by Fraud.-Code, § 4755, making it a crime to obtain board from an innkeeper by fraudulent representations, held not unconstitutional as granting a special privilege to innkeepers.-CHAUNCEY V. STATE, Ala., 30 South. Rep. 403.

48. CONSTITUTIONAL LAW-Interstate Commerce.-A state law prohibiting the sale of trout in the state is valid, and is not an interference with interstate commerce, as applied to fish brought for sale from another state, where they were lawfully caught.-IN RE DEININGER, U. S. C. C., D. (Oreg.), 108 Fed. Rep. 623.

49. CONSTITUTIONAL LAW-Mayor-Abolishing Office

During Term.-Act March 7, 1901, relating to govern. ment of cities of the second class, held not unconstitu tional because abolishing office of mayor during his term.-COMMONWEALTH v. MOIR, Pa., 49 Atl. Rep. 351.

50. CONSTITUTIONAL LAW-Special Legislation-Sec. ond Class Cities.-Act March 7, 1901, relating to government of cities of the second class, held not unconstitu tional as special legislation because limited solely to cities of that class.-COMMONWEALTH V. MOIR, Pa., 49 Atl. Rep. 351.

51. ConstituTIONAL LAW-Statutes-When Operative. -Act March 7, 1901, relating to government of cities of the second class, held not unconstitutional as vesting the governor with discretion of determining when it became opperative.-COMMONWEALTH V. MOIR, Pa., 49 Atl. Rep. 351.

52. CONTINUANCE-Sickness.-Continuance held prop. erly denied, when asked because of sickness of defendant.--SPANN V. TORBERT, Ala., 30 South. Rep. 389.

53. CONTRACTS-Construction.-Where a contract to repair a building was drawn by the contractor,any am. biguity in its terms must be construed most strongly against him.-LAIDLAW V. MARYE, Cal., 65 Pac. Rep. 391. 54. CONTRACTS-Rescission-Election.-Where plantiff alleges two grounds for rescinding contract, he cannot be compelled to elect.-ALLRED V. TATE, Ga., 39 S. E. Rep. 101.

in

55. CONVERSION-Sale of Limestone-Payable Royalties.-Sale by testator of limestone in place, to be paid for by royalties as removed, held a conversion into personalty, so that royalties accruing after his death are payable to his executor.-IN RE GARDNER'S ESTATE, Pa., 49 Atl. Rep. 346.

56. CORPORATIONS-Assessment-Illegal Meeting-A resolution of bank directors directing suit for the col lection of an assessment on stock held invalid,because passed at an illegal meeting.-BANK OF NATIONAL CITY V. JOHNSTON, Cal., 65 Pac. Rep. 383.

57. CORPORATIONS-Preferred Stock-Reorganization. -Preferred stock, Issued in pursuance of a railroad reorganization agreement, held not entitled to participate in the surplus net earnings after the distribu tion of the 4 per cent. dividend to which it was entitled on preferred claims.-SCOTT V. BALTIMORE &JO. R. Co. Md., 49 Atl. Rep. 827.

58. COSTS-Allowance.-On rendering judgment for plaintiffs for an amount admitted to be due, held error to disallow their costs, under Code Civ. Proc. § 1851.— PAPE V. CHAUVIN-FANT FURNITURE CO., Mont., 65 Pac. Rep. 424.

59. COURTS-Territorial Court-New Trial.-New trial may be granted for newly-discovered evidence in an action at law by the United States court in the Indian Territory after final decision of the case in the Supreme Court of the United States under Mansf. Dig.ch. 119, § 5155.-Ex parte FULLER, U. S. S. C., 21 Sup. Ct. Rep. 871.

60. CRIMINAL Evidence-Confessions-Voluntary.Statements of an officer to a defendant charged with stealing cotton, that if he had stolen the cotton it would be better for him to tell the truth about it, did not render defendant's subsequent confession inadmissible as involuntary.-HUFFMAN V. STATE, Ala., 30 South. Rep. 394.

61. CRIMINAL EVIDENCE-Declarations-Res Gestæ. Exclamations of persons at some distance from the combatants, at the time of the shooting, that deceased had killed defendant, held inadmissible.-GORDON V. STATE, Ala., 30 South. Rep. 30.

62. CRIMINAL EVIDENCE- Declarations of Third Par ties.-Evidence as to what a third party told witness before commission of alleged offense held competent.-CARROLL V. STATE, Ala., 30 South. Rep. 394. 63. CRIMINAL EVIDENCE- Expert - Drunkenness.On trial for larceny a question asked of witness as to

whether defendant was drunk, was not objectionable on the ground that it called for an opinion of a nonexpert and did not give facts on which the witness based his opinion.-DOZIER V. STATE, Ala., 30 South. Rep. 396.

64. CRIMINAL EVIDENCE - Previous Difficulties.What defendant stated to friends about a previous difficulty with deceased, statements made after the killing, held inadmissible.-HARKNESS V. STATE, Ala., 30 South. Rep. 73.

65. CRIMINAL EVIDENCE -Proof of Former Dimculties. Where, on prosecution for murder, evidence of a former difficulty brought on by deceased is produced, the state can show that defendant was the aggressor.-GORDAN V. STATE, Ala., 30 South. Rep. 30.

66. CRIMINAL EVIDENCE-Reading Law.-General objection to reading of an opinion by counsel in argument of a criminal case, where a portion of it was proper, is properly overruled.-MILLER V. STATE, Ala., 30 South. Rep. 379.

67. CRIMINAL EVIDENCE-Relevancy-Failure to Object. If defendant fails to object to an irrelevant question, the answer, if responsive thereto, will not be excluded.-MILLER V. STATE, Ala., 30 South. Rep. 379. 68. CRIMINAL EVIDENCE-Res Gestæ.-Conduct parties who arrested defendant held no part of the res gesta.-CARROLL V. STATE, Ala., 30 South. Rep. 394.

of

69. CRIMINAL LAW-Conspiracy-Proof.-In order to show defendant a conspirator with the actual slayer, held unnecessary to prove by direct evidence that he encouraged his co-defendant to killing.-CADDELL V. STATE, Ala., 30 South. Rep. 76.

70. CRIMINAL LAW-"Reasonable Doubt."-A charge that a reasonable doubt is a doubt for which a rea son could be given," held misleading.-CARROLL v. STATE, Ala., 30 South. Rep. 394.

a criminal

71. CRIMINAL TRIAL-Instructions.-In case it was not error for the court to refuse a request which is a substantial duplicate of another instruction given at defendant's instance.-ZIMMERMAN V. STATE, Ala., 30 South. Rep. 18.

72. CRIMINAL TRIAL - Misjoinder – Objection.-Rule of practice that, if severance on trial of two persons indicted for capital offense is not asked for by the date set for trial, the right is waived, held not in violation of the statute.-MILLER V. STATE, Ala., 30 South. Ren. 379.

73. CRIMINAL TRIAL-Nolle Prosequi - Misjoinder.After demurrer to indictment for misjoinder counts, the state can enter a nolle as to one of them.-GIBBS V. STATE, Ala, 30 South. Rep. 393.

74. CRIMINAL TRIAL-Trial Without Jury.-Where criminal case was tried without a jury, conclusion of fact reached, held not reviewable on appeal.-FEIBEL. MAN V. STATE, Ala., 30 South. Rep. 384.

79. DIVORCE-Grounds Arising After Filing Bill.— Where a bill was filed for divorce a mensa et thoro on grounds not constituting cause for divorce a vinculo, held, that a supplemental bill asking for a divorce a rinculo for causes which occurred after filing the orig. inal bill could not be allowed.-SCHWAB V. SCHWAB, Md., 49 Atl. Rep. 331.

80. EJECTMENT-Parol Guaranty as a Defense.- Purchasers of land cannot, in ejectment for failure to pay the price, show parol guaranty that electric railroad should be located near the land.-BAKER V. FLICK, Pa., 49 Atl. Rep. 349.

81. ELECTIONS.-A complaint charging defendant with a promise of patronage to a person named, “with intent to promote his own defendant's] election," charges an offense within subdivision 3, § 19, Purity of Elections Act.-BRADLEY V. CLARKE, Cal., 65 Pac. Rep. 396.

82. ELECTIONS-Expenses - Constitutional Law.-So much of Purity of Elections Act as requires a successfal candidate to swear to his expenses, etc., as 2 qualification to taking office, held vold as a violation of Const. art. 20, § 3.-BRADLEY V. CLARKE, Cal., 65 Pac. Rep. 395.

83. ESTOPPEL-Inducing Purchaser of Note.-Where maker of note induces another to purchase it, he is estopped from setting up the fact that it is without consideration.-TAPSCOTT v. GIBSON, Ala., 30 South.

Rep. 23.

84. EQUITY Reformation - Other Relief. Where court reforms deed, it can retain bill, enjoin attachment proceedings, and annul writ and levy as a cloud on plaintiff's title.-BIELER V. DREHR, Ala., 30 South. Rep. 22.

85. EVIDENCE - Clerk of Court-Identity of Cause.Clerk of court in which attachment suit was brought can testify to the identity of a cause decided in the supreme court with such attachment suit.-FIRST NAT. BANK V. LIPPMAN, Ala., 30 South. Rep. 19.

86. EVIDENCE- Expert-Sanity.-A non-expert may give his opinion as to sanity of person inquired about, without specification of facts on which such opinion is based.-CADDELL V. STATE, Ala., 30 South. Rep. 76. 87. EVIDENCE-Written Instrument-Parol Variation. -in an action to compel re-assignment of a lease assigned under a contract, held, that there was no ambiguity, rendering evidence of attendant circumstances and the acts and declarations of the parties inadmissible.-HARDWICK V. MCCLURG, Colo., 65 Pac.

Rep. 405.

88. EVIDENCE-Written Instrument-Parol Variation. -Where ambiguity as to plaintiff's interest in an es tate on which he sought to foreclose a vendor's lien, was latent, parol evidence held admissible to show interest.-MILES V. MILES, Miss., 30 South. Rep. 2.

89. EXECUTORS AND ADMINISTRATORS - Extension of Note.-Extension by executors of a note due testator held at their risk.-IN RE GARDNER'S ESTATE, Pa., 49 Atl. Rep. 346.

90. EXECUTORS AND ADMINISTRATORS Payment to Minor Without Guardian.-Where a sum bequeathed to a minor is too small to pay the expense of having a guardian appointed, such sum may be paid to his guardian ad litem in the action.-Cook V. FIRST UNIVERSALIST CHURCH, R. I., 49 Atl. Rep. 389.

91. EXECUTORS AND ADMINISTRATORS Taxes.

Retention of Decree of the trial court directing the administrator to retain the amount of the taxes in his possession on final distribution, held not erroneous.-IN RE MAHONEY'S ESTATE, Cal., 65 Pac. Rep. 389.

92. FACTORS-Second Factor Transferring Securities. Where factor having negotiable notes of customer transfers the notes with the maker's consent to a second factor as security for advances made, he subordinates his rights thereunder to such second

factor.-WALMSLEY V. RESWEBER, La., 30 South. Rep.

5.

93. FEDERAL COURTS-Appeal-Interlocutory Order. -Under Act March 3, 1891, § 7, relating to circuit courts of appeals, as amended by Act June 6, 1900, an appeal to such court does not lie from an interlocutory order denying a preliminary injunction.-AMERICAN SCHOOL FURNITURE CO. V. VAUGHT, U. S. C. C. of App., Seventh Circuit, 108 Fed. Rep. 571. 94. FEDERAL COURTS Interpretation of Federal Statutes.-Federal statutes must be interpreted by the federal courts independently of local considerations and decisions of other courts.-CALHOUN GOLD-MIN. Co. V. AJAX GOLD MIN. Co., U. S. S. C., 21 Sup. Ct. Rep. 885.

95. FEDERAL COURTS — Jurisdiction-Full Faith and Credit Clause.- Refusal of state court to give full faith to judicial records of another state presents a federal question, sustaining a writ of error from the Supreme Court of the United States.-JACOBS V. MARKS, U. S. S. C., 21 Sup. Ct. Rep. 865.

96. FIRE INSURANCE-Right of Action - Limitations. -Where a fire policy provided that all actions on the policy should be commenced within six months, right to sue for fire occurring November 30th held to expire on May 30th following.-DALY V. CONCORDIA FIRE INS. Co., Colo., 65 Pac. Rep. 416.

97. FIXTURES-Inseverable Realty.-Store fixtures affixed by the owner of the building at the time of its erection by fastenings let into the wall, held part of the realty, and to pass by the mortgage of the freehold.-JOHNSTON V. PHILADELPHIA MORT. & Trust Co., Ala., 30 South. Rep. 15.

98. FIXTURES-Not Severed-Conveyance by Deed.In order to convey legal title to the fixtures not actually severed from the realty, the contract must be in writing and executed with the same formality as a deed.-JOHNSTON V. PHILADELPHIA MORTG. & TRUST Co., Ala., 30 South. Rep. 156.

Surety and Co

99. FRAUDULENT CONVEYANCES Surety. A surety held an existing creditor of a cosurety, and entitled to protection against fraudulent conveyance by such co-surety.-WASHINGTON V. NOR. WOOD, Ala., 30 South. Rep. 405.

100. GAMING - Gambling in Stock and Bonds.-Presumption of intent to make a gambling contract held not to arise from the fact that the seller of stock did not own it at the time.-CLEWS V. JAMIESON, U. S. S. C., 21 Sup. Ct. Rep. 845.

101. GARNISHMENT- Oral Testimony. A garnishee cannot be charged on oral testimony.-WIGHTMAN V. KRUGER, R. I., 49 Atl. Rep. 395.

102. GUARANTY-Guarantor's Death.-A guaranty for future advances ceases on the guarantor's death and notice thereof to the guarantee.-VALENTINE V. DONOHOE KELLEY BANKING CO., Cal., 65 Pac. Rep. 381.

103. HIGHWAYS Driving Wrong Side. - Where plaintiff, driving to the left of the center of a paved street, collided with defendant's vehicle coming in the opposite direction, held, that she was negligent in driving on the wrong side of the road.-WINTER V. HARRIS, R. I., 49 Atl. Rep. 398.

104. HOMICIDE- Aider or Abettor- Evidence. On indictment for murder, evidence held to show defendant guilty as an aider or abettor, though he did not fire the fatal shot.-THOMAS V. STATE, Ala., 30 South. Rep. 391.

105. HOMICIDE- Evidence Course of Bullet. - On trial for homicide of police officer, evidence as to course of bullet which struck and killed another officer at the time held admissible.-MILLER V. STATE, Ala., 30 South. Rep. 379.

106. HOMICIDE-Evidence-Identification. -Any tes timony as to what occurred on the night of a homicide, tending to identify the defendants as having been at the place of the killing on that night, held admissible.-MILLER V. STATE, Ala., 30 South. Rep. 379.

107. HOMICIDE-Evidence-Number of Shells.-Where several shots were fired at the time of the killing of a policeman, evidence of the number of shells in the pistol carried by the police officer held admissible.MILLER V. STATE, Ala., 30 South. Rep. 379.

108. HOMICIDE-Evidence-Relation of Defendant to Paramour.-Evidence as to relations existing between defendant and his paramour, a co-defendant, held admissible as disclosing motive for the murder.-CADDELL V. STATE, Ala., 30 South. Rep. 76.

109. HOMICIDE Evidence-Threats. On trial for murder, where evidence is conflicting as to whether the killing was in self defense, previous threats may be shown in evidence.-HARKNESS v. STATE, Ala., 30 South. Rep. 73.

110. HOMICIDE-Evidence-Warrant of Arrest.-In a prosecution for assault in an attempt to arrest, evi. dence of a person accompanying the constable that the latter had a warrant for defendant held competent.-ZIMMERMAN V. STATE, Ala., 30 South. Rep. 18. 111. HOMICIDE - Officers of the Law-Citizens.-In a prosecution for resisting arrest, instructions that persons accompanying officer to assist in the arrest were not officers of the law are erroneous.-ZIMMERMAN V. STATE, Ala., 30 South. Rep. 18.

112. HOMICIDE-Self-Defense-Bringing on Difficulty. -Charges invoking doctrine of self-defense, but mak. ing no reference to the bringing on of the difficulty, held properly refused.-FORD V. STATE, Ala., 30 South. Rep. 27.

113. HOMICIDE-Self-Defense-Retreat.-A charge as to self-defense, not including the element of retreat, held properly refused.-FORD V. STATE, Ala., 30 South. Rep. 27.

Variance

115. INDICTMENT AND INFORMATION Wrong Name.-Where indictment avers name of deceased to be "Ad Smith, alias Age Smith," and the evidence shows that his name was "Adger Smith," but he was commonly called "Age Smith," there is no vari. ance.-FORD V. STATE, Ala., 30 South. Rep. 27.

116. INNKEEPERS-Fraud-Criminal Action.-Reliance on fraudulent representations by an innkeeper, induc ing him to furnish board to another, held a necessary element of the offense defined by Code, § 4755.CHAUNCEY V. STATE, Ala., 30 South. Rep. 403.

117. INNKEEPERS - Imprisonment for Debt-Consti. tutional Law.-Code, § 4755, making it a crime to obtain board or lodging from an innkeeper by fraudu lent representations, held not unconstitutional as authorizing imprisonment for debt.-CHAUNCEY STATE, Ala., 30 South. Rep. 403.

V.

118. INTEREST Payment of Principal.-Under Civ. Code, § 3290, held, that the payment of the principal of a note which was surrendered to the guarantor's executor relieved his estate from a further claim for interest.-VALENTINE V. DONOHOE-KELLY BANKING CO., Cal., 65 Pac. Rep. 381.

119. INTERNAL REVENUE Illegal Assessment.-One from whom internal revenne taxes have been illegally exacted under threat of distraint on their recovery is entitled to interest from the date of payment.-Mc. CLAIN V. PENNSYLVANIA Co., U. S. C. C. of App., Third Circuit, 108 Fed. Rep. 618.

120. INTERNAL REVENUE-Legacy and Inheritance Tax.-The provisions of the war revenue act of 1898 imposing taxes on legacies and inheritances operates only upon the estates of persons dying after the date of its passage.-MCLAIN V. PENNSYLVANIA CO., U. S. C. C. of App., Third Circuit, 108 Fed. Rep. 618.

121. INTOXICATING LIQUORS Malt Liquors-Non-Intoxicant.-The legislature can prohibit sale of malt

liquor, whether intoxicating or not, in connection with other liquors.-FEIBELMAN V. STATE, Ala., 30 South. Rep. 384.

122. JUDGMENT-Default - Disclaiming Defendant.— In ejectment it was error to refuse a disclaiming defendant right to participate after default; it subse. quently appearing that other lands in which he was interested were involved.-BALFOUR-GUTHRIE Inv. Co. v. SAWDAY, Cal., 65 Pac. Rep. 400.

123. JUDGMENT Dismissal Effect.-A decree dismissing a libel in rem against a vessel for repairs, held not an adjudication of the non-liability of the owners for such repairs.-MORRIS V. BARTLETT, U. S. C. C. of App., Third Circuit, 108 Fed. Rep. 675.

124. JUDICIAL SALES-Bill to Correct Description.Bill to correct description of lands sold under decree in probate can be maintained only where parties in interest had legal notice when decree was rendered and the lands sold for their full value, which has been fully paid.-VAUGHAN V. HUDSON, Ala., 30 South. Rep.

75.

125. JURY-Quashing Venire Juryman Not Summoned. That one of the persons drawn to serve on special venire in capital case was not summoned, held no ground for quashing the venire.-CADDELL V. STATE, Ala., 30 South. Rep. 76.

126. JUSTICES OF THE PEACE Jurisdiction.-Ann. Code, § 653, giving jurisdiction over foreign executors by publication of summons, held not to affect a case where summons was personally had.-WILLIAMS V. STEWART, Miss., 30 South. Rep. 1.

127. LARCENY Concealment and Conversion.Where a person takes tortious possession of property, and thereafter conceals it and feloniously converts it to his own use or to the use of another, he is guilty of larceny.-DOZIER V. STATE, Ala., 30 South. Rep. 396.

128. LARCENY - Evidence Value of Property.—In a prosecution for larceny, it was competent for the state to show what the value of the property alleged to have been stolen was at the time of the taking.—DOZINE V. STATE, Ala., 30 South. Rep. 396.

123. LOST INSTRUMENTS - Defective Affidavit.-In an action on a lost note, that affidavit of loss required by Code is defective, constitutes no ground of objection to the complaint.-TAPSCOTT V. GIBSON, Ala., 30 South. Rep. 23.

130. MALICIOUS PROSECUTION-Damages-Mental Distress.-Deprivation of liberty, oppression, mental trouble, and loss of business standing are results aaturally flowing from malicious prosecution, and need not be pleaded.-TEN CATE V. FANSLER, Okla., 65 Pac. Rep. 375.

131. MALICIOUS PROSECUTION-Payment of Money to Secure Liberty.-Payment of money to secure liberty of one imprisoned in malicious prosecution must be specially pleaded, in order to be recovered.-TEN CATE V. FANSLER, Okla., 65 Pac. Rep. 375.

132. MALICIOUS PROSECUTION Wrongful Attachment. To maintain action for wrongful attachment, it is not necessary that the attachment suit should have been terminated.-ALSOP V. LIDDEN, Ala., 30 South. Rep. 461.

133. MANDAMUS Officer State Treasurer.-A state treasurer will not be compelled by mandamus to do an ct in violation of constitution, though the attorney general has advised him that it would not be a violation of such constitution.-PARK V. CANDLER, Ga., 39 S. E. Rep. 89.

184. MANDAMUS-Tribunals-Ultra Vires Acts.-Mandamus will not lie to command an inferior tribunal to do that which it could not have done without such mandate.-EX PARTE CAMPBELL, Ala., 30 South. Rep.

385.

135. MASTER AND SERVANT-Master's Duty - Inspec tion.-Master's duty to inspect apparatus about which servant is employed cannot be delegated.-NEWTON V. VULCAN IRON WORKS, Pa., 49 Atl. Rep. 339.