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flloting.-THE JOHN MODERNOTT, U. S. D. o., D. new consideration, under Bankr. Aet 1898, 6670.(Conn.), 109 Fed. Rep. 90.
CITY NAT. BANK V. BRUCE, U. 8. C. C. of App., Fourth 2. ADVBBSE POSSESSION-Petition for Recovery of Circuit, 109 Fed. Rep. 69. Logs Cut.-Where defendants are in possession of 16. BANKRUPTCY-Partnership-Claim by Partner.land, holding adversely to plaintiff, the latter cappot A creditor of a firm which has dissolved, one partner maintain an action against defendants for the recov. assuming the firm debts, and subsequently becoming ery of logs cut by them while in possession.-CLARKE a bankrupt, cannot prove his claim without surrenderV. CLYDE, Wash., 66 Pac. Rep. 46.
Ing payments received from the firm within four 3. ANIMALS- Health Officers - wrongful Killing.-In montbs prior to the bankruptcy.-IN RE KELLER, U. S. action against a health officer for killing a mule, evi.
D. C., N. D. (Iowa), 109 Fed. Rep. 118. dence beld to entitle plaintiff to affirmative charge. 16. BANKRUPTCY – Preference-Recovery.-In an ac. BARRET V. CITY OF MOBILE, Ala., 30 South. Rep. 36. tion by a trustee in bankruptcy, allegation held suf
4. APPEAL AND ERROR - Conflicting Evidence. cient, without stating that such sum was paid out of Where the weight of conflicting evidence is not
the debtor's estate, to show a preference.-RICHTER clearly against the findings of the trial court, such
V. NIMMO, 71 N. Y. Supp. 501. findings will not be disturbed.-FORTH V. KRAFT, 17. BANKRUPTCY-Preference-Set-Off -New Credit.Wash., 66 Pac. Rep. 47.
Bapkr. Act 1898, $ 600, does not entitle a creditor who 5. APPEAL AND ERROR-Statement of Facts.- Where
has received a preference to set off against the same a the appeal record contains no statement of tacts, the
new credit, and thereby qualify himself to prove the supreme court cappot consider, on its merits, the de.
remainder of his claim.-IN RE KELLER. U. S. D. C., s. pial of a new trial by the trial court.-NELSON V.
D. (Iowa), 109 Fed. Rep. 118. SEATTLE TRACTION CO., Wash., 66 Pac. Rep. 61.
18. BANKRUPTCY - Sale by Trustee - Warranty 6. APPEAL AND ERROR-Withdrawing Case from Jury
Against Taxes.-A trustee who sold property of a -Objections.-Where court's action in withdrawing
bankrupt "free and clear from all lieps" held bound the case from the jury is not objected to, on appeal
to protect the same from a lien for taxes to be subsecase will be treated as one tried by the court.-NELSON
quently levied, on an assessment made prior to the V. JORDETH, S. Dak., 87 N. W. Rep. 140.
sale.-IN RE KELLER, U.S. D. C., N. D. (Iowa). 109
Fed. Rep. 131. 7. ASSIGNMENTS FOR BENEFIT OF CREDITORS-To Re.
19. BANKBUPTCY-Ultra Vires Act of Corporationceiver of Bank-Security.-A transfer of property to the receiver of a bank as security is in legal effect one
Liability as Partner.- Where a corporation enters into directly to the bank itself, and not an assignment in
partnership with a firm, it cannot on bankruptcy of
the firm, by asserting that the partnership agreement trust which must be recorded within 30 days,-EARLE V. MCCARTNEY, U. S.C.C., E. D. (Pa.), 109 Fed. Rep.
was ultra rires, prove claim in competition with gen. 13.
eral creditors of firm.-IN RE ERVIN, U. S.-D. C., E. D.
(Pa.), 109 Fed. Rep. 135. 8. ATTORNEY AND CLIENT – Lien - Entorcement.Where an attorney was entitled to one-hall of pro.
20. BANKS AND BANKING - Mortgage to Depositor
Consideration.-A mortgage given by the president of ceeds of litigation, and the case was settled without the attorney's knowledge, held that the attorney could
an insolvent bank to a depositor to secure him against open the settlement and enforce his lien, pursuant to
loss by reason of false statements as to the bank's solv. Code Civ. Proc. § 66.-FISCHER-HANSEN V. BROOKLYN
ency, beld based on a legal consideration, and valid. HEIGHTS R. Co., 71 N. Y. Supp. 513.
-KEMP V. NAT. BANK OF REPUBLIC OF NEW YORK, U.
S. C. C. of App., Fourth Circuit, 109 Fed. Rep. 48. 9. BANKRUPTCY-Bond for Annuity-Provable Claim. -A bond securing the payment of a lite annuity to an.
21. BANKS AND BANKING-National Bank - Federal
Courts.-A federal court has jurisdiction of a suit in other is provable as a debt in bankruptcy for the amount of the penalty where value of annuity exceeds
equity by the receiver of a national bank without re. such amount.-COBB V. OVERMAN, U. S.C. C. of App.,
gard to the citizenship of the parties.-EABLE V. Mc. Fourth Circuit, 109 Fed. Rep. 65.
CARTNEY, U. S. C. C., E. D. (Pa.), 109 Fed. Rep. 13. 10. BANKRUPTCY-Claims of Partners to Partnership
22. BANKS AND BANKING – National Banks- Individ.
nal Liability of Shareholders.-The only authorized Assets.-A partner eapnot claim in competition with firm creditore for advances for partnership purposes
procedure for epforcing the individual liability of the
sbareholders in a national bank is by a creditors' bill or for goods sold to his firm.-IN RE ERVIN, U.S.D. C., E. D. (Pa.), 109 Fed. Rep. 135.
in a court of equity in the district where the bank is
located.-WILLIAMSON V. AMERICAN BANK, U.S. C. C., 1. BANKRUPTCY-Foreclosure in State Court-10
E. D. (Pa.), 109 Fed. Rep. 36. junction.-A court of bankroptcy will not enjoin fore. closure proceedings in a state court on a claim of the
23. BILLS AND NOTES - Consideration - Gambling trustee that the amounts claimed by the mortgagees
Debt.-Evidence held to show notice on the part of the rein are excessive, but will direct the trustee to ap.
holder of a check that it was given for gambling debt, ply for leave to intervene and have the question de. precluding recovery.-MAINK MILE THACK ASSN. V. termined by the state court - IN RE PORTER, U. 8. D.
HAMMOND, Mich., 87 N. W. Rep. 135. C., D. (Ky.), 109 Fed. Rep. 111.
24. BOILDING AND LOAN ASSOCIATION-Borrowing 12. BANKRUPTCY - Habeas Corpus-Rigbt of Federal
Members - Accounting. Where association beca Court to Release Bankrupt.- A court of bankruptcy
ipsolvent, a borrowing member, whose loan was has no authority to discharge op habeas corpus a bank. usurious, is liable for the amount received, and should ropt who was imprisoned under a lawful civil process
be credited with interest and premiums paid, but not belore the filing of the petition.-IN RE CLAIBORNE, U. for dues paid on stock.- WILLIAMSON V. GLOBE BLDG. S. D. C., 8. D. (N. Y.), 109 Fed. Rep. 74.
& LOAN Co., Tenn.,64 S. W. Rep. 298. 13. BANKRUPTCY-Homestead Exemption-Adjudica. 25. CARRIERS-Connecting Carriers-Liability.-Con. tion by State Court.-An adjudication that a debtor is necting railroad companies held liable as partners for entitled to a homestead exemption, made by a state injury to a shipment of goods.-ALABAMA & V. RY.CO. court after a contest by the creditors, cannot be re V. LAMKIN, M ss., 30 South. Rep. 47. viewed or set aside in bankruptcy proceedings subse. 26. CARRIERS-Indemnity Policy-Recovery by Car. quently instituted.-IN RE RHODES, U. 8. D. C., N. D. rier.-Under Code 1892, $ 429, carrier cannot contest (Ohio), 109 Fed. Rep. 117.
fact of delivery wheu bill of lading is in hands of bona 14. BANKRUPTCY – Mortgage as a Preference.-A fide holder, and can therefore recover on indemnity mortgage given within four months before bank.
cy, wbether goods have been actually delivered ruptcy, in part for a new consideration, and in part as to it or not.-ILLINOIS CENT. R. Co. v. LANCASHIRE security for old debt, is valid only to the extent of the I INS. Co., Miss., 30 South. Rep. 43.
27. CABBIEB8-Limitation of Liability.- Where there is bot one contract and rate offered to shipper by common carrier, special provision limiting common law liability is void.-ILLINOIS CENT. R.CO. V. LANCASHIRE INS. CO., Miss., 30 South. Rep. 43.
28. CERTIORABI - Necessary Allegation-Valid De tense.-W bere a petition for a writ of certiorari to re. view a judgment alleged the nature of the action, but alleged no valid defense, it was error to grant such writ.-GATES V. HAYES, Ark., 64 S. W. Rep. 271.
29. CERTIORARI – Prerequisite--Invoking New Trial. -It was error for the circuit court to grant a writ of certiorari to review the judgment of the court of common pleas, rendered on constructive service, without invoking the remedy of a retrial.-GATES V. HAYES, Ark., 64 S. W. Rep. 271.
30. CHATTEL MORTGAGES - Selling Property - Criminal Liability.-On prosecution in P county for wrong. fully selling personal property subject to liep, affidavit held sufficient, though pot.directly alleging that the property was in P county.-MCCALLUM V. STATE, Miss., 30 Soutb. Rep. 47.
31. COLLEGES AND UNIVERSITIES – Agricultural In. stitutes and Stations-Act of Congress.-No part of the money appropriated by congress under A et March 2, 1887, to establish agricultural stations, can be used to defray the expenses of agricultural institutes.VINCENHELLER V. REAGAN, Ark., 64 S. W. Rep. 278.
32. COLLEGES AND UNIVERSITIKS - Omcer or Em. ployee-Distinction.-Where a state board by resolu. tion created an omce, fixing the duties, term, and salary thereof, and elected plaintiff thereto, he be. came an officer, and not an employee under contract. -VINCENHELLER V. REAGAN, Ark., 64 8. W. Rep. 278.
33. COLLISION - Contributory Negligence.- Where a fisherman anchored his boat in an improper place, and did nothing to prevent a collision, he was negli. gent, and could not recover for a collision.-CHESLEY 7. XANTASKET BEACH STEAMBOAT CO., Mass., 61 N. E. Rep. 50.
34. CONFLICT OF LAWS-Contracts-Lex Loci.- Where an application for life insurance was made in Iowa by a resident, and the premium paid, and the policy de. livered in Iowa, the policy is an Iowa contract.-KEL. LEY V. MUTUAL LIFE INS. CO., U.S.O.O., N. D. (Iowa), 109 Fed. Rep. 56.
35. CONSTITUTIONAL LAW-Abolishing Office-Impairing Contract.-Act May 23, 1901, which abolished the office of pomologist, is not unconstitutional ag im. pairing the obligation of a contract.-VINCENHELLER V. REAGAN, Ark., 64 S. W. Rep. 278.
36. CONSTITUTIONAL LAW – Contempt - Illegal im prisonment.-A person summarily adjudged guilty of eontempt for an act not committed in the presence of the court, without a hearing, is deprived of his lib. erty without due process of law.-EX PARTE STRICKER, U.S.C.O., D. (Ky.), 109 Fed. Rep. 145.
37. CONSTITUTIONAL LAW-Ex Post Facto Lawg.-The right of the widow to $1,000 from pension fund, was not affected by a change in the law after her husband's deatb.-KAVANAGH V. BOARD OF POLICE PENSION FUND COMR8., Cal., 66 Pac. Rép. 36.
38. CRIMINAL LAW-Unjust Discrimination - Public Contracts.-The provisions of County Government Act (St. 1897, p.452), $ 25, subd. 21, that printing cannot be let for publication in a paper which has not been establisbed in the county for a year, is invalid, onder Const. art. 1, $$ 11, 21.-VAN HARLINGEN V. DOYLE,Cal., 66 Pac. Rep. 44.
39. CONTEMPT-Unlawful Imprisonment-Discharge by Federal Court.- A person committed to jail for con. tempt by a state court without due process of law, and who has no right of appeal under the state laws, is en. titled to be discharged by a federal court on habeas corpv8.-EX PARTE STKICKER, U. S.C. C., D. (Ky.), 109 Fed. Rep. 145.
40. CONTRACT8- Conditions - Acceptance of Conditlops.-A proposition to assume the debt of another on conditions which were never complied with creates do indebtedness on the part of the proposer.-WILLIAMS V. REYNOLDS, Teon., 64 S. W. Rep. 290.
41. CONTRACTS - Consideration – Forbearance.- An agreement not to hold an Indorser llable, to induce him to indorse a note given in renewal of another note which he had previously indorsed, is without con sideration.-FAR ROCKAWAY BANK Y. SMITH, 71 N. Y. Supp. 518.
42. CONTRACTS – Consideration - Forbearance.- An Agreement by a first mortgagee, baving a present right to foreclose a mortgage, not to do so. is a su consideration to support a contratwith the second mortgagee requiring the latter to pay taxes.-WILLIAMS V. BEDFORD BANK, 71 N. Y. Supp. 539.
43. CONTRACTS-Divisible Contracts-Right of Action. -Where a contract provided for the payment to the plaintiff of $600 per annum in monthly installments of $50 for the rest of his natural life, a new cause of action arises at the expiration of every month.-SEED V. JOHNSTON, 71 N. Y. Supp. 579.
44. CORPORATIONS-Minority Stockholder. - Allega. tions of a bill by a minority stockholder held insuffi. cient to justify the appointment of a receiver for the property of a private corporation.-NORTH AMER. LAND & TIMBER CO. V. WATKINS, U.S. C.C. of App. Fifth Circuit, 109 Fed. Rep. 101.
45. CORPORATIONS-Receiver-Minority Stockholders. - A court of equity is not authorized to appoint a receiver for a soivent private corporation by an order made ex parte at the suit of a minority stockholder, where.che mapagement of the corporation by its offi. cers and directors is not alleged to be fraudulent, dis. honest or ultra rires.-NORTH AMER. LAND & TIMBER Co. v. WATKINS, U. 8. C. C. of App., Fifth Circuit. 109 Fed. Rep. 101.
46. COUNTIES-Indebtedness-Vote.-Const, art. 8, § 6, requires only the consent of three-difths of those voting on a question of incurring county indebtedness, and not three fifths of the votes cast.-STRAIN V YOUNG, Wush., 66 Pac. Rep. 64.
47. CRIMINAL EVIDENCE "First Blow."-Where de. ceased was killed in a quarrel with defendant and bis brother, it was error to exclude ovidence that the first blow way struck by defendant's brother.-BYRD V. STATE, Ark., 64 S. W. Rep. 270.
48. CRIMINAL EVIDENCE-Threats.-On a prosecution for manslaughter, evidence that defendant made tbreats against decedent's brother seven or eight months before is inadmissible.-SHAW V. STATE, Miss., 30 South. Rep. 42.
49. CRIMINAL LAW-Iodictment-Venue.-W here in. formation does not show offense committed in the state, & motion in arrest of judgment will lie, under Pen. Code, $ 1012.-PEOPLE v. WEBBKR, Cal., 66 Pac. Rep. 38.
50. CRIMINAL LAW-Place of Crine- Allegation.-In. formation charging crime committed on train held pot to gufficiently allege that it was committed in the county in which prosecution was brought, or in the state.-PEOPLE V. WEBBER, Cal., 66 Pac. Rep. 38.
51. CRIMINAL LAW-Reasonable Doubt.-Where the jury entertain a reasonable doubt whether a shot was fired accidentally during a scuffle and without intent to kill, defendant is entitled to acquittal.-JOHNSON V. STATE, Miss., 30 South. Rep. 39.
52, CRIMINAL LAW-Witnesses-Right of Defendant to Confer.-On a prosecution for manslaughter, detendant has a constitutional right to copfer with his own witnesses, whether they are under the rule or not. -Shaw V. STATE, Miss., 39 South. Rep. 42.
63. CRIMINAL TRIAL-Continuance-Absence of Wit. ness.-Continuance on account of the absence of a wit. 67. DIVORCE - @rounds-Apother Husband or Wife Living.--Evidence held sufficient to show a subsisting marriage with a husband whom defendant knew or be
negs held properly refused.-PARSLEY V. STATE, Tex., 64 8. W. Rep. 257.
54. CRIMINAL TRIAL_"Moral Certainty."-A charge that the jury may convict, if satisfied to a moral cer. tainty of the truth of the charge, and that a moral certainty signifies only a very high degree of proba. bility, held erroneous.-BYRD V. STATE, Ark., 64 S. W. Rep. 270.
55. CRIMINAL TRIAL-Newly.Discovered Evidence.Where the defendant's conviction for rape rested almost entirely on the testimony of the prosecuting wit. nese, it was error to refuse a new trial on grounds of newly-discovered evidence.-BUSSEY V, STATE, Ark., 64 S. W. Rep. 268.
56. CRIMINAL TRIAL-Objection to Evidence -No Ground Stated.- Where, in a criminal prosecution, evi. dence is objected to, but the ground of the objection is not stated, the objection will be considered as waived.-NEWMAN V. STATE, Tex., 61 S. W. Rep. 258.
57. DAMAGE8-Death - Measure and Elements. – In action for death of plaintiffs intestate, evidence as to the amount of profits which had been derived from his business held inadmissible, as involving capital as
ctor, as well as labor.-HEWLETT V. BROOKLYN HEIGHTS R. Co., 71 N. Y. Suppl. 531.
58. DAMAGES - Instruction - Assessment by Jury.Where the court instructed the jury to return a verdict for the actual expenses incurred by plaintiff in being put off the train and for nominal damages, a verdict assessing the plaintiff's expenses at $40 and his dam. ages at $250 will be set aside.- ST. LOUIS, I. M. & S. RY. CO. V. WOODWARD, Ark., 64 S. W. Rep. 263.
59. DEATH BY WRONGFOL ACT- Evidence-Speed of Electric Car.-in an action for death by collision with a street car, evidence of the speed of car at the place of accident, about six months after the same, held in. admissible.-HEWLETT V. BROOKLYN HEIGHTS R. CO., 71 N. Y. Supp. 531.
60. DEATH BY WRONGFOL ACT- Excessive Damages. -Iu an action for death, $25,000 damages held excess. ive.-CUMBERLAND TELEPHONE & TELEGRAPH Co. v. PITCHFORD, Miss., 30 South. Rep. 41.
61. DEBTOR AND CREDITOR-Preferred Creditors.Under the laws of Virginia as they existed in 1896, a debtor, although insolvent, had the right to preter certain creditors, if done in good faith and for a valid consideration.-KEMP V. NAT. BANK OF REPUBLIC OF NEW YORK, U.S.C.O. of App., 109 Fed. Rep. 48.
62. DESCENT AND DISTRIBTTIOR - AdvancementsInterest.-Heir of decedent, to whom advancements have been made, cannot be charged with interest thereon.-COMER V. SHEHEE, Ala., 30 South. Rep. 95.
63. DESCENT AND DISTRIBUTION-Equity Jurisdiction -Partition.-Where equity has acquired jurisdiction to enforce rights of heirs at law in the portion of another heir in the lands of intestate, bill can be amended by asking sale of said lands for partition. -COMER V. SHEHEK, Ala., 30 South. Rep. 95.
64. DESCENT AND DISTRIBUTION-Mortgage Paid by Widow-Refunding by Heir.- Where widow paid inort. gage on land to protect her dower, the heir, in refund ing, was not chargeable with interest other than what was paid by her in redeemning.-SMITH V. STEPHENS, Mo., 64 S. W. Rep. 260.
65. DISORDERLY CONDUCT-Construction.-"Riotous." -Word "riotous," as used in an ordinance, held to be employed in its popular meaning, as wanton and bois terous.-STATE V. KENNAN, Wash., 66 Pac. Rep. 62.
66. DIVORCE - Cross Complaint - Void Marriage.Where a cross complaint in a suit for divorce seeks to adjudicate property rights, it is error to dismiss such complaint on finding that the marriage was void from its inception.-RAYL V. RAYL, Tenn., 64 S. W. Rep. 309.
lieved to be living, warranting a divorce.-RAIL V. RAYL, Tenn., 64 8. W. Rep. 309.
68. DOWER-Mortgage-Liability of Widow.-Where widow pays mortgage on land to protect her dower and part of the mortgaged property is required to sat
dower, she should bear a similar proportion of the mortgage debt.-SMITH V. STEPHENS, Mo., 64 S. W. Rep. 260.
69. EJECTMENT – Pleading.- The pleading held to show that the action was ejectment and not to estabIish a boundary.-MCCRELLIS V. WELLS, Tenn., 64 8. W. Rep. 293.
70. ELECT:1008- Contest-Initials of Judges.-Under Sand. & H. Dig. $$ 2650, 2653, no ballots can be counted except those on which the initials of one of the judges of election are written by his own hand.-RHODES V. DRIVER, Ark., 64 8. W. Rep. 272.
71. ELECTIONS - Contest – Testimony of Voters.Where there is proof that an indetinite number of illegal ballots was received, the voter must show how he voted, wben his vote may be counted, under Const. art. 3, $ 2.- RHODES V. DRIVER, Ark., 64 8. W. Rep. 272.
72. EQUITY-Jury Trial-Master's Findings.-A court of equity will not grant an issue to try before a jury questions of fact which have been fully beard before a master.- EARLE V. MCCARTNEY, U.S. 0. C., E. D. (Pa.), 109 Fed. Rep. 13.
73. EQUITY – Setting Aside Decree - Leave to File BIII.-An original bill to set aside for fraud a decree entered on a mandate from the circuit court of ap. peals, may be filled without first obtaining leave of such court.-RITCHIE V. BURKE, U. S. C. C., E. D. (Pa.), 109 Fed. Rep. 16. .
74. ESTOPPEL-Compromise-Acquiescence.-A compromise awarding lands in settlement of litigation, made by plaintiff's ancestor and acquiesced in for 23 years, held to estop assertion of title.- NIXON V. Rus. SEL, Tenn., 64 S. W. Rep. 297.
75. ESTOPPEL - Contract to Redeem-Tax Title.Where a person who has undertaken to redeem land from taxes takes a tax title instead, he cannot assert such title as against the owner.-MORROW V. JAMES, Ark., 64 S. W. Rep. 269.
76. ESTOPPEL-Parol Permission to Break Agreement.-Where a legsee has failed to perform certain conditions, relying on the lessor's verbal agreement that he need not perform, the lessor is estopped from claiming such fallure as a breach.-CONLEY V. JOHN. SON, Ark., 64 S. W. Rep. 277.
77. EVIDENCE-Expert Evidence.-Witness in an ac. tion for death from a defective highway held qualified to give opinions.- MILLER V. MEAD TP., Mich., 87 N. W. Rep. 131.
78. EVIDENCE-Lease-Parol Variation.-In an action on a lease, parol evidence of an oral agreement for repairs, held properly excluded.-VAN DERHORF . HARTMANN, 71 N. Y. Supp. 552.
79. EVIDENCE – United States Tide Tables.-Tbe United States tide tables are admissible in evidence to determine the depth of the location of a pound net bą. low low tide in such waters, in an action to restrain, its maintenance.-CHERRY POINT FISH Co. v. NELSON Wash., 66 Pac. Rep. 56.
80. EVIDENCE – Value of Services -- Competent Wit. nesses.- Persons acquainted with the decedent are competent to testify as to the value of his services, in an action for his death.-MILLER V. MEADE TP., Mich., 87 N. W. Rep. 131.
81. EXECUTION – Against the Body.-Under Comp. Lawg $ 10,412, where execution against defendant's property was returnable in 1897, an execution against his body in 1899 was too late.-METCALF V. MOORE, Mich., 87 N. W. Rep. 129.
82. EXECUTORS AND ADMINISTRATORS - Widow's Right to Rents and Profits of Homestead.-Under Rev. St. 1879, the widow is entitled to the rents and profits of the plantation attached to her deceased husband's
mansion, up to the time her dower is assigned, in her own right.-SMITH V. STEPHENS, MO., 64 8. W. Rep. 260.
83. FALSE IMPRISONMENT-Issuing Warrant Without Jurisdiction,-A magistrate issuing a warrant for ar. rest without jurisdiction, held liable in damages for false imprisonment.-MCKELVEY V. MARSH, 71 X. Y. Supp. 511.
84. FEDERAL COURT-Circuit Court of Appeals-Juris. dietion.-A circuit court of appeals bas po jurisdiction to set aside an order of a district court admitting de. fendants to ball pending proceedings for review.UNITED STATES V. MOY WEE TAI, U.S.C. C. of App., Second Circuit, 109 Fed. Rep. 1.
85. FEDERAL COURTS – Court of Appealg-Revoking Nandate After Term.--A circuit court of appeals has no power to entertain a motion to revoke a mandate issued, where such motion is not filed until after the term at which such decree was entered.-BEYNOLDS V. MANHATTAN TRUST CO., U. S. C. C. of App., Eighth Circuit, 109 Fed. Rep. 97.
86. FEDERAL COURTS - Jurisdiction-Citizens of the Same State.-The discharge of a judgment pending a suit in a federal court based thereon, does not affect the court's jurisdiction to determine issues joined be. tween co-defendants, although citizens of the same state.-RITCHIE Y. BURKE, U.S.C. C., X. D. (Ohio), 109 Fed. Rep. 16.
87. FEDERAL COURTS - Prior Jurisdiction Over State Court.-A federal court held to have acquired prior jurisdiction over the subject matter of an action bronght in a state court, which it would protect by infunction.-MERCANTILE TRUST & DEPOSIT Co. v. ROANOKE & S. RY. CO., U.S. C. C., W. D. (Va.), 109 Fed. Rep. 3.
88. FISH-Pound Nets-Depth.-Under Laws 1899, p. 194, § 1, & pound pet constructed in water of greater depth than 65 feet at low tide is illegal.-CHERRY POINT Fish Co. V. NELSON, Wash., 66 Pac. Rep. 55.
49. FRAUDS, STATUTE OF – Assumption that Contract 19 Legal.-Wnere there is pothing in a petition show ing a contract absolutely void under the statute of frauds, it is assumed to be legal.-REED V. CRANE. Mo., K. C. Ct. of App., June 17, 1901.
90. FRAUDS, STATUTE OF-Creditors – Invoking Stat. ute for Debtor.-Creditors cannot invoke the statute of frauds to defeat a liability of their debtor which he has himself recognized by giving his notes and se. curity therefor.-KEMP V. NAT. BANK OF REPUBLIC OF NEW YORK, U. S. C. C., of App., Fourth Circuit, 109 Fed. Rep. 48.
91. FRAUDULENT CONVEYANCES - Admissions of Ven. dor.--Admissions of vendor in presence of vendee, be. fore payment of consideration, as to fraudulent intent, held competent.-BENDER V. KINGMAN, Neb., 87 X. W. Rep. 142.
92. FRAUDULENT CONVEYANCES – Burden of Proof. In a suit to set aside a conveyance made by a husband to his wife as in fraud of creditors, the burden is on complainant to show the fraud -VIRDEN V. DWYER. Miss., 30 South. Rep. 45.
93. FRAUDULENT CONVEYANCES - Burden of Proof.The burden is on one claiming that a sale was fraudu. lent as to creditors to show that the purchaser knew of the fraudulent intent or had notice which should have put him on Inquiry.-MADDOX v. REYNOLDS, Ark., 64 S. W. Rep. 266.
94. FRAUDULENT CONVEYANCES-Father to Daughter -A conveyance from a father to a daughter held fraudulent as to his creditors.-STEUBEN Co. WINE Co. V. LEE, Mich., 87 N. W. Rep. 129.
95. FRAUDULENT CONVEYANCES-Purchases by One Creditor.-A creditor, to secure his own claim, cannot assist a debtor to defraud his other creditors by pur. chasing more goods than necessary to extinguish his claim.-MADDOX V. REYNOLDS, Ark., 64 S. W. Rep. 266.
96. GUARDIAN AND WARD-Sale-Approval of Deeds. -An ex parte order of probate court approving deeds
of a guardian, where the sale was not reported or con firmed, does not validate the sale or start limitations running against the ward's claim to the land.-MORROW V. JAMES, Ark., 64 S. W. Rep. 269.
97. HIGHWAYS – Establishment - Viewers.-The county board cannot establish a road along a different route from that laid out by the reviewers.--FLINT Y. HORSLEY, Wasb., 66 Pac. Rep. 59.
98. HOMICIDE -“Malice Alorethought."-An instruc. tion defining malice aforethought as "an unlawful act intentionally done," but omitting the essential of de. liberation, is erroneous.-JOHNSON V. STATE, Miss., 30 South. Rep. 89.
99. HOMICIDE -- Self-Defense - Imminent Danger.Where a defendant believed, when he committed the homicide, that he was in imminent and immediate danger of being killed by decedent, he was entitled to acquittal, though there was no danger in fact.-John. SON V. STATE, Miss., 30 South. Rep. 39.
100. INDICTMENT AND INFORMATION - Resubmission to Grand Jury.-Resubmission to grand jury of charges dismissed by a prior grand jury denied.-PRO. PLE V. NEIDHART, 71 N. Y. Supp. 591.
101. INJUNCTION-Action on Injunction Bond.-An action on an injunction bond is premature; if an ap. peal from the order dismissing injunction bill is un. determined.-YAZOO, ETC. R. CO. V. ADANS, Miss., 30 South. Rep. 44.
102. INJUNCTION-Reinstatement.-Where a court by the same order both grants and dissolves an injunc. tion to enable plaintiffs to apply to a judge of the court of appeals for a reinstatement, the application to reinstate will be debied.--ST. BERNARD COAL CO, V. PITTSBURG COAL CO., Ky., 64 S. W. Rep. 288.
103. INSURANCE – Discrimination.-Iowa statute to prevent discrimination in life insurance construed. KELLEY V. MUTUAL LIFE INS. Co., U. 8. C. C., S. D. (Iowa), 109 Fed. Rep. 56.
104. INSURANCE-Insanity - Covenant.-A covenant by an applicant for life insurance that he will not take his own life while insane does not create a binding contract, since it is impossible for him to observe it. -KELLEY V. MUTUAL LIFE INS. Co., U.S.C. C., s. D. (Iowa), 109 Fed. Rep. 56.
105. INSURANCE-Proof of Loss – Waiver of Limitation.-The acceptance and retention by the insurance company of proof of loss and the policy is sufficient to raise the question of fact as to the waiver of the lim. itation provision of the policy.-SULLIVAN V. PRUDEN. TIAL INS. CO., 71 N. Y. Supp. 525.
106. INTERNAL REVENUE-Sugar Tax an Excise.-The tax required to be paid by sugar retiners by War Revenue Act 1898, $ 27, is not a direct tax but an excise laid upon the business of retining.--SPRECKLES SUGARREFINING CO, V. MOCLAIN, U.S.C.O., E. D. (Pa.), 109 Fed. Rep. 76.
107. INTERNAL REVENUE-War Revenue Act-Monthly Payments of Sugar Tax.-A collector is authorized to require monthly payments of tax by a sugar refiner under the war revenue act of 1898.-SPRECKELS SUGARREFINING CO. V. MCCLAIN, U. S. C. C., E. D. (Pa.), 109 Fed. Rep. 76.
108. INTEREST-When Payable.-Under Carroll's Ky. St. ch. 72, interest is recoverable on the price of prop. erty gold and delivered from the time such delivery is made and the price is payable.-YELLOW POPLAR LUM BER CO. V. DANIEL, U. S. C. C. of App., Sixth Circuit, 109 Fed. Rep. 39.
109. INTOXICATING LIQUOR-Judgment Against Owner -Not Conclusiye on Lessee.-A judgment recovered against the owner and lessee of a building wherein intoxicating liquors are sold is not conclusive against the lessee selling the same, who was not made a party to the action nor served with notice.-BURKMAN V. JAMIESON, Wash., 66 Pac. Rep. 48.
110. INTOXICATING LIQUORS-License Feeg-Recovery. -Debt is the appropriate form of common-law action
for the recovery of license fees imposed by a munici. the place where supplies were furpisbed, but to pal ordinance which provides no specific method for which be was not entitled, to defeat a claim to a lien their collection.-CITY OF PHILADELPHIA V. ATLANTIC for such supplies.-THE JOHN MCDERMOTT, U. S. D. & P. TEL. CO., U.S.C.C., E. D. (Pa.), 109 Fed. Rep. 55. C., D. (Conn.), 109 Fed. Rep. 90.
111. JODGES-Pro-Tempore.-Appointment and Pow. 125. MASTER AND SERVANT – Fellow•Servants. - A erg.-A judge pro tempore may be appointed afte servant cannot recover for ipjuries caused by negli verdict to hear and determine a motion for a pew trial gence in the performance of tbe work of piling or reand settle a bill of exceptions.-NELSON V. SEATTLE moving bags of cement, whether such negligence was TRACTION CO., Wash., 66 Pac. Rep. 61.
that of a superintendent, foreman, or a common work. 112. JUDICIAL SALES -Resale.-A resale of land by man.-PAGK V. NAUGHTON, 71 N. Y. Suppl. 503. the purchaser at & judiclal sale, who had the resale 126. MASTER AND SERVANT-Ungale Place-Negligence confirmed in the proceedings, held not a judicial sale, of Fellow Servant.-Negligence of a fellow servant in avoiding pecessity of registering the transfer as to the piling of bags of cement in & warehouse will not creditors.-AYMETT V. CITIZENS' NAT. BANK, Tenn., render the place an onsale place to work in, in a legal 64 S. W. Rep. 30.
sepse.-P'AGX V. NAUGHTON. 71 N. Y. Suppl. 503. 113. JUDGMENT-Conclusiveness.-Judgment that ad. 127. MORTGAGES - Appointment of Receiver. - Revancement has been made to an heir and distributee ceiver on foreclosure will not be appointed upless held conclusive on such heir and those holding under necessary for preservation of mortgaged property and him.-COMER V. SHEHEE, Ala., 30 South. Rep. 95.
its appropriation to the debt.-MEYER v. THOMAS, 114. JUDGMENT-Dismissal of First Action-Second
Ala., 30 South. Rep. 89. Based on New Promises.-Though, at the time of 128. MORTGAGES-Foreclosure-Decree as to Adverse bringing an action to foreclose a mortgage, certain
Claimant Not a Party. -Though a claimant to & paranew promises to pay, on which plaintiff relies in a sub mount title to property was made a party, and person sequent action, had been made, an adjudication, dis. ally served, and thereafter defaulted, in a suit to foremissing the foreclosure is not conclusive on such sub. close a mortgage, to which she was not a party, she sequent action.--CONCANNON V. SMITH, Cal., 66 Pac. will not be bound by a finding that she has no interest Rep. 40.
in the property.-OATES V. SHUEY, Wash.,66 Pac. Rep. 115. JUDGMENT-Nullification-Not Affecting those Not Parties-A decree holding that a judgment had
129. MORTGAGES-Foreclosure-Deficiency.-Author been discharged cannot be given effect as an adjudica.
ity to gue for deficiency after foreclosure should be tion by another court to affect the rights of parties be:
alleged, or at least proved, by plaintiff.-WAUGH Y. fore It who were not parties to such decree.-RITCHIE
NEWELL, Neb., 87 N. W. Rep. 143. V. BORKE, U. 8. 0. C., N. D. (Ohio), 109 Fed. Rep. 16. 130. MORTGAGE8- Foreclosure - Question of Para. 116. JUDGMENT-Res Adjudcat&-Installments.-Inan
mount Title.- A questton of prior and paramount ad. action to recover an installment on a continuing con.
verse title to property will not be tried in a suit to tract, held, that the recovery of one installment in an
foreclose a mortgage on such property, where the action therefor was not a bar to the recovery of an
claimant was not a party to the mortgage.- OATES Y. other installment for & different period.- SEED V.
SHUEY, Wash., 66 Pac. Rep. 58. JOHNSTON, 11 N. Y. Supp. 579.
131. MORTGAGES-Foreclosure-To Restrain for Alter. 117. JURY-Right to Trial by Jury. A party charged
ation of Note.- Where a bill to restrain foreclosure with violating a city ordinance not entitled to a trial
because of a material alteration in the note contains by jury.-Srate V. KENNAN, Wash ., 66 Pac. Rep. 62.
no allegation of fraud, and fails to allege payment, it
does not state a cause for relief.-JEFFREY V. ROSEN 118. LARCENY-Evidence-Conviction of Theft.-Facts
FELD, Mass., 61 N. E. Rep. 49. held sufficient to support a conviction for theft.PARSLEY V. STATE, Tex., 64 S. W. Rep. 257.
132. MORTGAGES.-Foreclosure Sale - Confirmation.
-Where, after sale, the confirmation is stayed, and 119. LIMITATIONS - Remainder-Man – Action After
complainants, seeking to restrain the sale, are given Death of Lite Tenant.-An action by a remainder-man
time, to sustain their bill, but fail to produce proot to recover land, commenced withio four years after
gubb confirmation will not be distarbed.-KEEBLE V the death of the life tepant, is not barred by limita.
MCLEMORE, Tenn., 64 S. W. Rep. 305. tions.-MORROW V. JAMES, Ark., 64 S. W. Rep. 269.
133. NEGLIGENCE-Contributory Negligence - Ques. 120. LIMITATION OF ACTIONS – Acknowledgment - tion for Jury.-In an action for personal injuries, the Letterg.-Certain letters written by defendant held to
question of plaintiff's contributory negligence heid satisfy Code Civ. Proc. $ 360, 90 as to be admissible in
for the jury.-JARVIS V. FLINT & P. M.R. Co., Mich., evidence to prove an acknowledgment of a debt
87 N. W. Rep. 136. barred by limitations.-CONCANNON V. SMITH, Cal., 66
134. NEGLIGENCE - Death of Child - Contributory Pac. Rep. 40. .
Negligence of Father.-A father beld not guilty of 121. LIMITATION OF ACTIONS-Legal Owners Against
contributory negligence, 90 99 to prevent recovery in Equitable Owners.-Limitations begin to run in favor
action by him for injuries causing the death of his son. of the legal owners against the equitable owner at the -MILLER V. MEADE TP., Mich., 87 N. W. Rep. 131. time of the conveyance, in the absence of recognition
135. MONICIPAL CORPORATIONS - Failure to Reap. of the equitable owner's rights.-HANEY V. LEGG, Ala.,
point-Removal.-Under Law, 1897, ch. 414, failure to 30 South. Rep. 34.
reappoiot a village street commissioner and the selec. 122. LIMITATION OF ACTIONS-Resulting Trust.-A bill
tion of another was not a removal from office.-PEO by a wife's heirs to establish a resulting trust in a lot, PLE V. VILLAGE OF DOBBS FERRY, 71 N. Y. Supp. 578. the title to which was in the name of the husband,
136. MONICIPAL CORPOBATIONS - Presenting Claimheld barred by the 10-year statute of limitations.-Cox
Applies Only to Torts.-Requirement of city charter V. MENZING, Miss., 30 South. Rep. 34.
that no claim should be sued on until statement shall 123. MANDAMUS–To Appoint to Office - Necessary have been filed with city held to relate to a demand Parties.-In mandamns to compel a village bourd to arising in tort.-BARRETT V. CITY OF MOBILE, Ala., 30 appoint relator to an office for which another bad been South. Rep. 36. chosen, the appointee should be made a party.
137. MONCIPAL CORPORATIONS-Necessary Averment. PEOPLE V. VILLAGE OF DOBBS FERRY, 71 N. Y. Supp.
-Under city charter, providing that no suit can be 578.
maintained without first presenting claim to city, it is 124. MARITIME LIENS-Personal Credit-Defense to necessary that complaint should aver compliance with Lien.-The owner of a vessel cannot avali bimself of guch requirement.-BARRETT V. CITY OF MOBILE, Ala., the fact that he had acquired a personal credit at
a personal credit at 130 South. Rep. 36.