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flicting.-THE JOHN MCDERMOTT, U. S. D. C., D. (Conn.), 109 Fed. Rep. 90.

2. ADVERSE POSSESSION-Petition for Recovery of Logs Cut.-Where defendants are in possession of land, holding adversely to plaintiff, the latter cannot maintain an action against defendants for the recovery of logs cut by them while in possession.-CLARKE V. CLYDE, Wash., 66 Pac. Rep. 46.

3. ANIMALS-Health Officers — wrongful Killing.-In action against a health officer for killing a mule, evi. dence held to entitle plaintiff to affirmative charge.BARRET V. CITY OF MOBILE, Ala., 30 South. Rep. 36.

4. APPEAL AND ERROR Conflicting Evidence.Where the weight of conflicting evidence is not clearly against the findings of the trial court, such findings will not be disturbed.-FURTH V. KRAFT, Wash., 66 Pac. Rep. 47.

5. APPEAL AND ERROR-Statement of Facts.- Where the appeal record contains no statement of facts, the supreme court cannot consider, on its merits, the denial of a new trial by the trial court.-NELSON V. SEATTLE TRACTION CO., Wash., 66 Pac. Rep. 61.

6. APPEAL AND ERROR-Withdrawing Case from Jury -Objections.-Where court's action in withdrawing the case from the jury is not objected to, on appeal case will be treated as one tried by the court.-NELSON V. JORDETH, S. Dak., 87 N. W. Rep. 140.

7. ASSIGNMENTS FOR BENEFIT Of CreditoRS-To Re ceiver of Bank-Security.-A transfer of property to the receiver of a bank 8s security is in legal effect one directly to the bank itself, and not an assignment in trust which must be recorded within 30 days.-EARLE v. MCCARTNEY, U. S. C. C., E. D. (Pa.), 109 Fed. Rep.

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8. ATTORNEY AND CLIENT Lien Enforcement.— Where an attorney was entitled to one-half of proceeds of litigation, and the case was settled without the attorney's knowledge, held that the attorney could open the settlement and enforce his lien, pursuant to Code Civ. Proc. § 66.-FISCHER-HANSEN V. BROOKLYN HEIGHTS R. Co., 71 N. Y. Supp. 513.

9. BANKRUPTCY-Bond for Annuity-Provable Claim. -A bond securing the payment of a life annuity to an. other is provable as a debt in bankruptcy for the amount of the penalty where value of annuity exceeds such amount.-COBB V. OVERMAN, U. s. C. C. of App., Fourth Circuit, 109 Fed. Rep. 65.

10. BANKRUPTCY-Claims of Partners to Partnership Assets. A partner cannot claim in competition with firm creditors for advances for partnership purposes or for goods sold to his firm.-IN RE ERVIN, U. S. D. C., E. D. (Pa.), 109 Fed. Rep. 135.

1. BANKRUPTCY-Foreclosure in State Court-Injunction.-A court of bankruptcy will not enjoin foreclosure proceedings in a state court on a claim of the trustee that the amounts claimed by the mortgagees therein are excessive, but will direct the trustee to ap ply for leave to intervene and have the question de termined by the state court-IN RE PORTER, U. S. D. C., D. (Ky.), 109 Fed. Rep. 111.

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12. BANKRUPTCY Habeas Corpus-Right of Federal Court to Release Bankrupt.-A court of bankruptcy has no authority to discharge on habeas corpus a bank. rupt who was imprisoned under a lawful civil process before the filing of the petition.-IN RE CLAIBORNE, U. S. D. C., S. D. (N. Y.), 109 Fed. Rep. 74.

13. BANKRUPTCY-Homestead Exemption-Adjudica tion by State Court.-An adjudication that a debtor is entitled to a homestead exemption, made by a state court after a contest by the creditors, cannot be reviewed or set aside in bankruptcy proceedings subsequently instituted.-IN RE RHODES, U. S. D. C., N. D. (Ohio), 109 Fed. Rep. 117.

14. BANKRUPTCY Mortgage as a Preference.-A mortgage given within four months before bank. ruptcy, in part for a new consideration, and in part as security for old debt, is valid only to the extent of the

new consideration, under Bankr. Aet 1898, § 67d.CITY NAT. BANK V. BRUCE, U. S. C. C. of App., Fourth Circuit, 109 Fed. Rep. 69.

15. BANKRUPTCY-Partnership-Claim by Partner.A creditor of a firm which has dissolved, one partner aesuming the firm debts, and subsequently becoming a bankrupt, cannot prove his claim without surrendering payments received from the firm within four months prior to the bankruptcy.-IN RE KELLER, U. S. D. C., N. D. (Iowa), 109 Fed. Rep. 118.

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16. BANKRUPTCY Preference-Recovery.-In an action by a trustee in bankruptcy, allegation held suffcient, without stating that such sum was paid out of the debtor's estate, to show a preference.-Richter V. NIMMO, 71 N. Y. Supp. 501.

17. BANKRUPTCY-Preference-Set Off-New Credit.Bankr. Act 1898, § 60c, does not entitle a creditor who has received a preference to set off against the same a new credit, and thereby qualify himself to prove the remainder of his claim.-IN RE KELLER. U. S. D. C., N. D. (Iowa), 109 Fed. Rep. 118. 18. BANKRUPTCY Sale by Trustee Warranty Against Taxes.-A trustee who sold property of a bankrupt "free and clear from all liens” held bound to protect the same from a lien for taxes to be subsequently levied, on an assessment made prior to the sale.-IN RE KELLER, U. S. D. C., N. D. (Iowa), 109 Fed. Rep. 131.

19. BANKRUPTCY-Ultra Vires Act of CorporationLiability as Partner.- Where a corporation enters into partnership with a firm, it cannot on bankruptcy of the firm, by asserting that the partnership agreement was ultra rires, prove claim in competition with general creditors of firm.-IN RE ERVIN, U. S.-D. C., E. D. (Pa.), 109 Fed. Rep. 135.

20. BANKS AND BANKING - Mortgage to DepositorConsideration.-A mortgage given by the president of an insolvent bank to a depositor to secure him against loss by reason of false statements as to the bank's solvency, held based on a legal consideration, and valid. - KEMP V. NAT. BANK OF REPUBLIC OF NEW YORK, U. S. C. C. of App., Fourth Circuit, 109 Fed. Rep. 48.

21. BANKS AND BANKING-National Bank - Federal Courts. A federal court has jurisdiction of a suit in equity by the receiver of a national bank without regard to the citizenship of the parties.-EARLE v. MCCARTNEY, U. s. C. C., E. D. (Pa.), 109 Fed. Rep. 13.

22. BANKS AND BANKING - National Banks-Individual Liability of Shareholders.-The only authorized procedure for enforcing the individual liability of the shareholders in a national bank is by a creditors' bill in a court of equity in the district where the bank is located.-WILLIAMSON V. AMERICAN BANK, U. S. C. C., E. D. (Pa.), 109 Fed. Rep. 36.

23. BILLS AND NOTES Consideration - Gambling Debt.-Evidence held to show notice on the part of the holder of a check that it was given for gambling debt, precluding recovery.-MAINE MILE TRACK ASSN. V. HAMMOND, Mich., 87 N. W. Rep. 135.

24. BUILDING AND LOAN ASSOCIATION-Borrowing Members Accounting.- Where association became insolvent, a borrowing member, whose loan was usurious, is liable for the amount received, and should be credited with interest and premiums paid, but not for dues paid on stock. WILLIAMSON V. GLOBE BLDG. & LOAN CO., Tenn., 64 S. W. Rep. 298.

25. CARRIERS-Connecting Carriers-Liability.-Connecting railroad companies held liable as partners for injury to a shipment of goods. —ALABAMA & V. RY. Co. V. LAMKIN, M ss., 30 South. Rep. 47.

26. CARRIERS-Indemnity Policy-Recovery by Carrier.-Under Code 1892, § 4249, carrier cannot contest fact of delivery when bill of lading is in hands of bona fide holder, and can therefore recover on indemnity policy, whether goods have been actually delivered to it or not.-ILLINOIS CENT. R. Co. v. LANCASHIRE INS. CO., Miss., 30 South. Rep. 43.

27. CARRIERS-Limitation of Liability.-Where there is but 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. CERTIORARI Necessary Allegation-Valid Defense. Where a petition for a writ of certiorari to review 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 com mon pleas, rendered on constructive service, without invoking the remedy of a retrial.-GATES V. HAYES, Ark., 64 S. W. Rep. 271.

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31. COLLEGES AND UNIVERSITIES Agricultural In. stitutes and Stations-Act of Congress.-No part of the money appropriated by congress under Aet 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 UNIVERSITIES Officer or Employee-Distinction.-Where a state board by resolu tion created an office, fixing the duties, term, and salary thereof, and elected plaintiff thereto, he became an officer, and not an employee under contract. -VINCENHELLER V. REAGAN, Ark., 64 S. 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 negligent, and could not recover for a collision.-CHESLEY V. NANTASKET 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 delivered in Iowa, the policy is an Iowa contract.-KELLEY V. MUTUAL LIFE INS. Co., U. S. C. C., 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 as impairing the obligation of a contract.-VINCENHELLER V. REAGAN, Ark., 64 8. W. Rep. 278.

36. CONSTITUTIONAL LAW

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Contempt

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- Illegal Im. prisonment.-A person summarily adjudged guilty of contempt 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. C., D. (Ky.), 109 Fed. Rep. 145.

37. CONSTITUTIONAL LAW-Ex Post Facto Laws.-The right of the widow to $1,000 from pension fund, was not affected by a change in the law after her husband's death.-KAVANAGH v. BOARD OF POLICE PENSION FUND COMRS., Cal., 66 Pac. Rep. 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 established in the county for a year, is invalid, under 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 contempt by a state court without due process of law, and who has no right of appeal under the state laws, is entitled to be discharged by a federal court on habeas corpus.-EX PARTE STKICKER, U. S. C. C., D. (Ky.), 109 Fed. Rep. 145.

40. CONTRACTS- Conditions - Acceptance of Conditions. A proposition to assume the debt of another on conditions which were never complied with creates no indebtedness on the part of the proposer.-WILLIAMS V. REYNOLDS, Tenn., 64 S. W. Rep. 290. 41. CONTRACTS Consideration Forbearance.- An agreement not to hold an indorser liable, 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 V. SMITH, 71 N. Y. Supp. 518.

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42. CONTRACTS Consideration Forbearance.-An Agreement by a first mortgagee, having a present right to foreclose a mortgage, not to do so, is a sufficient 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 the management of the corporation by its officers and directors is not alleged to be fraudulent, dis. honest or ultra vires.-NORTH AMER. LAND & TIMBER Co. v. WATKINS, U. S. C. C. of App., Fifth Circuit. 109 Fed. Rep. 101.

46. COUNTIES-Indebtedness-Vote.-Const. art. 8, § 6, requires only the consent of three-fifths of those voting on a question of incurring county indebtedness, and not three-fifths of the votes cast.-STRAIN V. YOUNG, Wash., 66 Pac. Rep. 64.

47. CRIMINAL EVIDENCE-"First Blow."-Where deceased was killed in a quarrel with defendant and his brother, it was error to exclude evidence that the first blow was 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 threats against decedent's brother seven or eight months before is inadmissible.-SHAW V. STATE, Miss., 30 South. Rep. 42.

49. CRIMINAL LAW-Indictment-Venue.-Where information does not show offense committed in the state, a motion in arrest of judgment will lie, under Pen. Code, § 1012.-PEOPLE V. WEBBER, Cal., 66 Pac. Rep. 38.

50. CRIMINAL LAW-Place of Crime-Allegation.-Information charging crime committed on train held not to sufficiently 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, defendant has a constitutional right to confer with his own witnesses, whether they are under the rule or not. -SHAW V. STATE, Miss., 39 South. Rep. 42.

53. CRIMINAL TRIAL-Continuance-Absence of Witness.-Continuance on account of the absence of a wit.

ness held properly refused.-PARSLEY V. STATE, Tex., 64 S. 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 probability, 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 ness, 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, evidence is objected to, but the ground of the objection is not stated, the objection will be considered as waived.-NEWMAN V. STATE, Tex., 64 S. W. Rep. 258. 57. DAMAGES-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 a factor, 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 damages at $250 will be set aside.-ST. LOUIS, I. M. & S. Rr. Co. v. WOODWARD, Ark., 64 S. W. Rep. 263.

59. DEATH BY WRONGFUL 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 inadmissible.-HEWLETT V. BROOKLYN HEIGHTS R. CO., 71 N. Y. Supp. 531.

60. DEATH BY WRONGFUL ACT-Excessive Damages. -In an action for death, $25,000 damages held excessive.-CUMBERLAND TELEPHONE & TELEGRAPH CO. v. PITCHFORD, Miss., 30 South. Rep. 41.

61. DEBTOR AND CREDITOR-l'referred Creditors.Under the laws of Virginia as they existed in 1896, a debtor, although insolvent, had the right to prefer certain creditors, if done in good faith and for a valid consideration. -KEMP V. NAT. BANK OF REPUBLIC OF NEW YORK, U. S. C. C. of App., 109 Fed. Rep. 48.

62. DESCENT AND DISTRIBTTIOE-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. SHEHEE, Ala., 30 South. Rep. 95.

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64. DESCENT AND DISTRIBUTION-Mortgage Widow-Refunding by Heir.-Where widow paid mort 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 redeeming.-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 8. W. Rep. 309. 67. DIVORCE Grounds-Another Husband or Wife Living.-Evidence held sufficient to show a subsisting marriage with a husband whom defendant knew or be

lieved to be living, warranting a divorce.-RAYL 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 satisfy her 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 estab lish a boundary.-MCCRELLIS V. WELLS, Tenn., 64 8. W. Rep. 293.

70. ELECTIONS- 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 S. W. Rep. 272.

71. ELECTIONS Contest Testimony of Voters.Where there is proof that an indefinite number of illegal ballots was received, the voter must show how he voted, when his vote may be counted, under Const. art. 3, § 2.-RHODES V. DRIVER, Ark., 64 S. 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 heard before a master.-EARLE V. MCCARTNEY, U. S. C. C., E. D. (Pa.), 109 Fed. Rep. 13.

73. EQUITY — Setting Aside Decree - Leave to File Bill.-An original bill to set aside for fraud a decree entered on a mandate from the circuit court of appeals, may be filed 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. RUSSEL, 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 lessee 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. JOHNSON, Ark., 64 S. W. Rep. 277.

77. EVIDENCE-Expert Evidence.-Witness in an action 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 DERHOEF V. HARTMANN, 71 N. Y. Supp. 552.

79. EVIDENCE

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United States Tide Tables.-The United States tide tables are admissible in evidence to determine the depth of the location of a pound net be. low low tide in such waters, in an action to restrain, its maintenance.-CHERRY POINT FISH Co. v. NELSON Wash., 66 Pac. Rep. 55.

80. EVIDENCE Value of Services Competent Witnesses.-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. Laws § 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 S. W. Rep. 260. 93. 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 N. Y. Supp. 541.

84. FEDERAL COURT-Circuit Court of Appeals-Juris diction.-A circuit court of appeals has no jurisdiction to set aside an order of a district court admitting defendants 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 Appeals-Revoking Mandate 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.-REYNOLDS V. MANHATTAN TRUST CO., U. S. C. C. of App., Eighth Circuit, 109 Fed. Rep. 97.

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87. FEDERAL COURTS — Prior Jurisdiction Over State Court. A federal court held to have acquired prior jurisdiction over the subject-matter of an action brought in a state court, which it would protect by injunction.-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, a pound net 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.

$9. FRAUDS, STATUTE OF - Assumption that Contract is Legal.-Where there is nothing 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 security 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 Vendor.-Admissions of vendor in presence of vendee, before payment of consideration, as to fraudulent intent, held competent.-BENDER V. KINGMAN, Neb., 87 N. 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 confirmed, does not validate the sale or start limitations running against the ward's claim to the land.—MORROW V. JAMES, Ark., 64 8. 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 V. HORSLEY, Wash., 66 Pac. Rep. 59.

98. HOMICIDE-"Malice Aforethought."-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. 39.

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.-JOHNSON 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. -PEOPLE 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 undetermined.-YAZOO, ETC. R. Co. v. ADAMS, 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 denied.-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. S. 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. PRUDENTIAL INS. CO., 71 N. Y. Supp. 525.

106. INTERNAL REVENUE-Sugar Tax an Excise.-The tax required to be paid by sugar refiners by War Revenue Act 1898, § 27, is not a direct tax but an excise laid upon the business of refining.-SPRECKLES SUGARREFINING CO. v. MCCLAIN, U. S. C. C., 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 property sold and delivered from the time such delivery is made and the price is payable.-YELLOW POPLAR LUMBER 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 Fees-Recovery. -Debt is the appropriate form of common-law action

for the recovery of license fees imposed by a munici pal ordinance which provides no specific method for their collection.-CITY OF PHILADELPHIA V. ATLANTIC & P. TEL. Co., U. S. C. C., E. D. (Pa.), 109 Fed. Rep. 55. 111. JUDGES-Pro-Tempore.-Appointment and Pow. ers.-A judge pro tempore may be appointed afte verdict to hear and determine a motion for a new trial and settle a bill of exceptions.-NELSON V. SEATTLE TRACTION Co., Wash., 66 Pac. Rep. 61.

112. JUDICIAL SALES-Resale.-A resale of land by the purchaser at a judicial sale, who had the resale confirmed in the proceedings, held not a judicial sale, avoiding necessity of registering the transfer as to creditors.-AYMETT V. CITIZENS' NAT. BANK, Tenn., 64 8. W. Rep. 30.

113. JUDGMENT-Conclusiveness.-Judgment that advancement has been made to an heir and distribute e held conclusive on such heir and those holding under him.-COMER V. SHEHEE, Ala., 30 South. Rep. 95.

114. JUDGMENT-Dismissal of First Action-Second Based on New Promises.-Though, at the time of bringing an action to foreclose a mortgage, certain new promises to pay, on which plaintiff relies in a subsequent action, had been made, an adjudication, dismissing the foreclosure is not conclusive on such sub. sequent action.--CONCANNON V. SMITH, Cal., 66 Pac. Rep. 40.

115. JUDGMENT-Nullification-Not Affecting Those Not Parties-A decree holding that a judgment had been discharged cannot be given effect as an adjudica. tion by another court to affect the rights of parties be fore it who were not parties to such decree.-RITCHIE V. BURKE, U. S. C. C., N. D. (Ohio), 109 Fed. Rep. 16.

116. JUDGMENT-Res Adjudcata-installments.-In an action to recover an installment on a continuing contract, held, that the recovery of one installment in an action therefor was not a bar to the recovery of an other installment for a different period.-SEED V. JOHNSTON, 71 N. Y. Supp. 579.

117. JURY-Right to Trial by Jury.-A party charged with violating a city ordinance not entitled to a trial by jury.-STATE V. KENNAN, Wash., 66 Pac. Rep. 62.

118. LARCENY-Evidence--Conviction of Theft.-Facts held sufficient to support a conviction for theft.PARSLEY V. STATE, Tex., 64 S. W. Rep. 257.

119. LIMITATIONS Remainder Man - Action After Death of Life-Tenant.-An action by a remainder-man to recover land, commenced within four years after the death of the life tenant, is not barred by limita. tions.-MORROW V. JAMES, Ark., 64 S. W. Rep. 269.

120. LIMITATION OF ACTIONS - Acknowledgment Letters.-Certain letters written by defendant held to satisfy Code Civ. Proc. § 360, so as to be admissible in evidence to prove an acknowledgment of a debt barred by limitations.-CONCANNON V. SMITH, Cal., 66 Pac. Rep. 40.

121. LIMITATION OF ACTIONS-Legal Owners Against Equitable Owners.-Limitations begin to run in favor of the legal owners against the equitable owner at the time of the conveyance, in the absence of recognition of the equitable owner's rights.-HANEY V. LEGG, Ala., 30 South. Rep. 34.

122. LIMITATION OF ACTIONS-Resulting Trust.-A bill by a wife's heirs to establish a resulting trust in a lot, the title to which was in the name of the husband, held barred by the 10-year statute of limitations.-Cox V. MENZING, Miss., 30 South. Rep. 34.

123. MANDAMUS-To Appoint to Office Necessary Parties. In mandamns to compel a village board to appoint relator to an office for which another had been chosen, the appointee should be made a party.PEOPLE V. VILLAGE OF DOBBS FERRY, 71 N. Y. Supp. 578.

124. MARITIME LIENS-Personal Credit-Defense to Lien. The owner of a vessel cannot avali himself of the fact that he had acquired a personal credit at

the place where supplies were furnished, but to which he was not entitled, to defeat a claim to a lien for such supplies. -THE JOHN MCDERMOTT, U. S. D. C., D. (Conn.), 109 Fed. Rep. 90.

125. MASTER AND SERVANT - Fellow-Servants. — A servant cannot recover for injuries caused by negli gence in the performance of the work of piling or removing bags of cement, whether such negligence was that of a superintendent, foreman, or a common workman.-PAGE V. NAUGHTON, 71 N. Y. Suppl. 503.

126. MASTER AND SERVANT-Unsafe Place-Negligence of Fellow Servant.-Negligence of a fellow servant in the piling of bags of cement in a warehouse will not render the place an unsafe place to work in, in a legal sense.-PAGE V. NAUGHTON. 71 N. Y. Suppl. 503.

127. MORTGAGES — Appointment of Receiver. - Receiver on foreclosure will not be appointed unless necessary for preservation of mortgaged property and its appropriation to the debt.-MEYER V. THOMAS, Ala., 30 South. Rep. 89.

128. MORTGAGES-Foreclosure-Decree as to Adverse Claimant Not a Party.-Though a claimant to a para. mount title to property was made a party, and person ally served, and thereafter defaulted, in a suit to foreclose a mortgage, to which she was not a party, she will not be bound by a finding that she has no interest in the property.-OATES V. SHUEY, Wash.,66 Pac. Rep. 58.

129. MORTGAGES-Foreclosure-Deficiency.-Author' ity to sue for deficiency after foreclosure should be alleged, or at least proved, by plaintiff.-WAUGH V. NEWELL, Neb., 87 N. W. Rep. 143.

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130. MORTGAGES- Foreclosure Question of Paramount Title.-A question of prior and paramount adverse title to property will not be tried in a suit to foreclose a mortgage on such property, where the claimant was not a party to the mortgage. - OATES v. SHUEY, Wash., 66 Pac. Rep. 58.

131. MORTGAGES-Foreclosure-To Restrain for Alteration of Note.-Where a bill to restrain foreclosure because of a material alteration in the note contains no allegation of fraud, and fails to allege payment, it does not state a cause for relief.-JEFFREY V. ROSENFELD, Mass., 61 N. E. Rep. 49.

132. MORTGAGES.-Foreclosure Sale - Confirmation. -Where, after sale, the confirmation is stayed, and complainants, seeking to restrain the sale, are given time, to sustain their bill, but fail to produce proof subh confirmation will not be disturbed.-KEEBLE V MCLEMORE, Tenn., 64 S. W. Rep. 305.

133. NEGLIGENCE-Contributory Negligence - Question for Jury.-In an action for personal injuries, the question of plaintiff's contributory negligence held for the jury.-JARVIS v. FLINT & P. M. R. Co., Mich., 87 N. W. Rep. 136.

134. NEGLIGENCE - Death of Child - Contributory Negligence of Father.-A father held not guilty of contributory negligence, so as to prevent recovery in action by him for injuries causing the death of his son. -MILLER V. MEADE TP., Mich., 87 N. W. Rep. 131.

135. MUNICIPAL CORPORATIONS Failure to Reap. point-Removal.-Under Laws 1897, ch. 414, failure to reappoint a village street commissioner and the selec. tion of another was not a removal from office. -PEOPLE V. VILLAGE OF DOBBS FERRY, 71 N. Y. Supp. 578.

136. MUNICIPAL CORPORATIONS - Presenting ClaimApplies Only to Torts.-Requirement of city charter that no claim should be sued on until statement shall have been filed with city held to relate to a demand arising in tort.-BARRETT V. CITY OF MOBILE, Ala., 30 South. Rep. 36.

137. MUNCIPAL CORPORATIONS-Necessary Averment. -Under city charter, providing that no suit can be maintained without first presenting claim to city, it is necessary that complaint should aver compliance with such requirement.-BARRETT V. CITY OF MOBILE, Ala., 30 South. Rep. 36.

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