judges. Any one who can't see when the writing stops and draw his own conclusions from that hasn't sense enough to do business with a reasoning being and I won't waste any time over him. So there, now!"

A solicitor's clerk appeared before a judge at chambers upon a simple motion. He was told that he would have no difficulty. The judge asked to see the papers, and, while looking through them, suddenly and to the consternation of the clerk, said, "Where's the venue?" "I forgot it my lord; it's at the office." "Are you sure?" (There was a twinkle in the judge's eye.) "Oh! yes, my lord, I remember seeing it on the table just before I left!"

WEEKLY DIGEST.

ALABAMA.. GEORGIA...... ILLINOIS..

Weekly Digest of ALL the Current Opinions of ALL the State and Territorial Courts of Last Resort, and of all the Federal Courts. .4, 6. 7, 9, 68, 87, 157, 158 .15, 24, 33, 56, 65, 85, 88, 95, 123, 131, 177 ..1, 61, 203 INDIANA, 13, 21, 23, 27, 28, 35, 37, 45, 49, 55, 58, 67, 106, 129, 138, 142, 143, 147, 159, 171, 183, 198 MAINE....... ..........2, 71, 146, 155, 178, 180, 191 MARYLAND, 12, 14, 17, 80, 92, 117, 118, 126, 140, 145, 150, 164, 192, 194 MASSACHUSETTS..

......64, 103, 111, 112, 119, 136, 199 MICHIGAN, 63, 72. 74, 78, 83, 102, 120, 144, 151, 156, 168, 175, 176, 195, 197, 200 MINNESOTA.

....8, 196, 202

......

NORTH DAKOTA.......

NEW JERSEY......53, 66, 79, 91, 94, 110, 133, 135, 141, 148, 189 NEW YORK. 16, 20 ..18, 75, 89, 93, 98, 99, 105, 187 RHODE ISLAND............. ..62, 182, 193, 201 SOUTH CAROLINA..................... .......30, 60, 121, 125, 204 UNITED STATES C. C.........51, 73, 100, 101, 154, 165, 166, 167 UNITED STATES C. C. OF APP., 5, 25, 31, 32, 34, 50, 52, 116, 124, 128, 130, 153, 163, 169, 170, 184 UNITED STATES D. C ...10, 47, 48, 172, 173, 174 VIRGINIA, 11, 29, 36, 38, 40, 41, 46, 54, 76, 67, 81, 82, 84, 86, 90, 108, 109, 115, 127, 132, 134, 137, 149, 152, 161, 162, 181, 185

1. ABATEMENT AND REVIVAL - Action to Use of Another. An action brought in the name of another held not to be defeated by the action pending for an other use plaintiff.-FOREMAN SHOE CO. v. F. M. LEWIS & CO., Ill., 60 N. E. Rep. 971.

2. ABATEMENT AND REVIVAL - Amendable Defects.Where errors and defects are amendable, the process will not be abated, but the case will be remanded for proper amendment.-FLEMING V. COURTENAY, Me., 49 Atl. Rep. 611.

3. ABATEMENT AND REVIVAL

Procedure. Where

scire facias to revive cause is returnable to one term, revival may be entered at a subsequent term.-LAIDLEY V. JASPER, W. Va., 39 S. E. Rep. 169.

4. ADVERSE POSSESSION-Computing Period-War.In computing statutory period necessary to hold adverse possession, the period of war between the states must be excluded.-ANNISTON CITY LAND CO. v. Ed. MONDSON, Ala., 31 South. Rep. 61.

of ownership over the land as the nature of the land admitted.-ANNISTON CITY LAND CO. v. EDMONDSON, Ala., 30 South. Rep. 61.

7. ADVERSE POSSESSION - Evidence of Value.-In ejectment, where both parties rely on adverse possession, evidence of value held immaterial.-ANNISTON CITY LAND CO. v. EDMONDSON, Ala., 30 South. Rep. 61. 8. ADVERSE POSSESSION Homestead Occupation.One entering land under homestead laws across which a railroad company had built its right of way under a land grant may acquire title to part of such a way by adverse possession.-NORTHERN PAC. Rr. Co. v. ToWN. SEND, Minn., 86 N. W. Rep. 1007.

9. ADVERSE POSSESSION - Part of Land Occupied.-If defendant has adverse possession of any portion of the lands during the whole statutory period, he has adverse possession of all.-ANNISTON CITY LAND CO. V. EDMONDSON, Ala., 30 South. Rep. 61.

10. ALIENS-Immigration Officers-Courts.-Courts have jurisdiction to determine citizenship of alleged alien, notwithstanding its adverse determination by the immigration officers.-IN RE DI SIMONE, U. S. D. C., E. D. (La.), 108 Fed. Rep. 942.

Discharge of

11. ALTERATION OF INSTRUMENTS Maker.-Maker of a note held discharged by a ma terial alteration avoiding the note.-HOFFMAN V. PLANTERS' NAT. BANK, Va., 39 S. E. Rep. 134.

12. APPEAL AND ERROR - Admissibility of Evidence. -The admissibility of evidence cannot be determined, where the record contains merely the questions asked, but not the answers.-BRASHEARS v. ORME, Md., 40 Atl. Rep. 620.

13. APPEAL AND ERROR-Bill of Exceptions.-Where evidence on application for the appointment of a receiver is not a part of the record by a bill of exceptions, no question is presented for review.-EUREKA LUMBER CO. v. BUFF & BLUE OOLITIC STONE CO., Ind., 60 N. E. Rep. 1067.

14. APPEAL AND ERROR - Competency of Witness.Where no exception was made to competency of witness before he was examined, the question cannot be raised on appeal.-BAKER V. SAFE-DEPOSIT & TRUST Co., Md., 49 Atl. Rep. 623.

15. APPEAL AND ERROR-Death of Defendant.-Death of sole defendant in error after filing in office of clerk of supreme court does not cause writ to abate.-McGOWAN V. BROOKS, Ga., 89 S. E. Rep. 112.

16. APPEAL AND ERROR -- Denial of Mandamus-Not Reviewable.-Order of appellate division, affirming order denying mandamus, held not reviewable by court of appeals. -PEOPLE ¡V. Coler, N. Y., 60 N. E. Rep. 1046.

17. APPEAL AND ERROR-Dissolution of Injunction.A recital in the record of an appeal from an order partially dissolving an injunction held conclusive that the proceeding for dissolution was in the proper manner.-WENZEL V. MILBURY, Md., 49 Atl. Rep. 618.

18. APPEAL AND ERROR- Evidence-Objection.-No advantage can be taken of a ruling on the sustaining objection to evidence on the ground that objection was not sufficiently specific.-AMERICAN MORTG. Co. v. MOUSE RIVER LIVE-STOCK CO., N. Dak., 86 N. W. Rep. 965.

19. APPEAL AND ERROR Excluding Evidence.Where evidence is excluded, it must appear that it would have been relevant to make its rejection a ground of error.-MAXWELL V. KENT, W. Va., 39 S. E. Rep. 174.

20. APPEAL AND ERROR-Final Order.-Order deny.

is no part thereof.-HORNBROOK V. HETZEL, Ind., 60 N. E. Rep. 965.

22. APPEAL AND ERROR-Instruction-Non-Prejudicial.-Instruction in ejectment, though objectionable, not ground for reversal, where plaintiff could not have been prejudiced.-MAXWELL V. KENT, W. Va., 39 S. E. Rep. 174.

23. APPEAL AND ERROR Justice-Jurisdiction.-An appeal does not lie from justice where amount was $1, though the constitutionality of a statute was involved. -COLLIERY ENGINEER CO. v. AMERICAN CAR & FOUNDRY CO., Ind., 60 N. E. Rep. 941.

24. APPEAL AND ERROR-Parties - - Deceased Defendant.-Supreme court, having acquired jurisdiction of writ of error, may compel legal representative of deceased defendant to be made a party. -MCGOWAN V. BROOKS, Ga., 39 S. E. Rep. 112.

25. APPEAL AND ERROR-Question of Costs.-A decree will not be reversed on a question of costs, where it is affirmed in respect to the merits.-SPROULL V. PRATT & WHITNEY Co., U. S. C. C. of App., Second Circuit, 108 Fed. Rep. 963.

26. APPEAL AND ERROR Reason of Decision.-A decree need not contain any reason for the decision, and will be affirmed, though a wrong reason be given therein.-BALLARD V. CHEWNING, W. Va., 39 S. E. Rep.

170.

27. APPEAL AND ERROR-Record -Motions.-Order separating the trial of an action will not be reviewed, where the motion for the separation was not brought into the record.-SKELLEY V. VAIL, Ind., 60 N. E. Rep. 961.

28. APPEAL AND ERROR- Record Presumption.Where clerk certifies that the paper copied as the amended complaint is such, the court will so presume.-INDIANAPOLIS UNION RY. Co. v. HOULIHAN, Ind., 60 N. E. Rep. 943.

29. APPEAL AND ERROR-Rejection of Plea.-Error in rejecting a plea tendered by defendant is harmless, where the evidence in support thereof is admitted under the general issue.-SOUTHERN RY. Co. v. WILCOX, Va., 39 S. E. Rep. 144.

30. APPEAL AND ERROR Res Judicata.-Where the parties and subject matter are the same, and supreme court on prior appeal disposed of the whole matter, it is res judicata. -MCALLISTER V. HAMILTON, S. Car., 39 S. E. Rep. 182.

31. APPEALS-Part of Order Appealed From.-Unless there are special reasons therefor, a part of an order appealed from will not be taken up for consideration on a motion in advance of the regular hearing.UNITED STATES V. LEE TEN TAI, U. S. C. C. of App., Second Circuit, 108 Fed. Rep. 950.

32. APPEARANCE-Waiver of Service.-A special appearance by defendants to object to the court's juris. diction over their persons is not a waiver of legal serv. ice.-ELLSWORTH TRUST Co. v. PARRAMORE, U. S. C. C. of App., Fifth Circuit, 108 Fed. Rep. 906.

33. BANKRUPTCY - Judgment-Prior to Bankruptcy. -Sale of property set apart as exempt on judgment on debt created after bankruptcy, held not to devest the llen of a judgment prior to bankruptcy, not proven.DOZIER V. MCWHORTER, Ga., 39 S. E. Rep. 106.

34. BANKRUPTCY-Petition to Recover Preferences.Where a petition in involuntary bankruptcy alleges a transfer of property with intent to hinder and delay creditors, the solvency of the alleged bankrupt is a matter of defense, and the petitioners need not prove insolvency.-IN RE WEST, U. S. C. C. of App., Second Circuit, 108 Fed. Rep. 940.

applied with plaintiff's knowledge, it could not recover.-GREEVER V. RANK OF GRAHAM, Va., 39 S. E. Rep. 159.

37. BLACKMAIL-Indictment.-Indictment for black. mailing must allege the ownership of the property attempted to be extorted.-GREEN V. STATE, Ind., 60 N. E. Rep. 941.

38. BONDS-Misrepresentations.-Obligor of bonds, having pleaded that he gave them for land by misrep resentations as to value must preve value at time of purchase.-SOUTH ROANOKE LAND Co. v. ROBERTS, Va., 39 S. E. Rep. 133.

39. BUILDING AND LOAN ASSOCIATIONS-Usury.-A contract requiring the borrower to pay a monthly premium and monthly dues, the sum of which exceeded the legal rate of interest, is usurious.-SHANNON V. GEORGIA STATE BUILDING & LOAN ASSN., Miss., 30 South. Rep. 51.

40. CARRIERS-Goods-Delivery.-Where a contract of shipment between a carrier and shipper does not specify the time the goods are to be delivered to the carrier, the shipper has a reasonable time for their delivery.-SOUTHERN RY. Co. v. WILCOX, Va., 39 8. E. Rep. 144.

41. CARRIERS Interstate Shipment Illegal.- The illegality of a contract for the interstate shipment of freight held to prevent the recovery by the shipper for a breach thereof.-SOUTHERN RY. Co. v. WILCOX, Va., 39 S. E. Rep. 144.

42. CHARITIES-Discretion of Trustees.-Trustees of a devise to charitable uses held not vested by testator's will with a discretion as to expending the income of the fund.-HAYNES V. CARR, N. H., 49 Atl. Rep. 638.

43. CHARITIES-Jurisdiction of Equity.-Courts of equity held to have original and inherent jurisdiction over charities, independent of St. 43 Eliz. ch. 4, respecting charitable uses.-HAYNES V. CARR, N. H., 49 Atl. Rep. 638.

44. CHARITIES Trust Indefiniteness.-A trust for charitable uses held not invalid because the trustees were given powers to devote the income to educa tional purposes.-HAYNES V. CARR, N. H., 49 Atl. Rep. 638.

45. CHATTEL MORTGAGES-Filing-Time.-A chattel mortgage filled on the day of delivery was filed within 10 days after execution, as required by statute.— HORNBROOK V. HETZEL, Ind., 60 N. E. Rep. 965.

46. CLERKS OF COURTS-Duties-Census.-The rights and duties of a clerk of the circuit court are not affected for the balance of his term by reason of a census being taken, whereby the population of the county is raised above 15,000.-WATKINS V. VENABLE, Va., 39 S. E. Rep. 147.

47. COLLISIONS-Anchorage Ground.-A steamship, anchoring in a harbor outside the anchoring ground, held liable for a collision in a fog in the nighttime.THE A. P. SKIDMORE, U. S. D. C., S. D. (N. Y.), 108 Fed. Rep. 972.

48. COLLISION-Lookouts.-A tug entering a harbor in a thick fog in the nighttime held negligent for failure to have lookouts on the bows of its bow.-THE A. P. SKIDMORE, U. S. D. C., S. D. (N. Y.), 108 Fed. Rep. 972.

49. CONSTITUTIONAL LAW-Employer's Liability Act. -Employer's liability act, making railroad companies responsible for injuries to employees, the same as to strangers, is constitutional.-INDIANAPOLIS UNION RY. Co. v. HOULIHAN, Ind., 60 N. E. Rep. 943.

50. CORPORATION - Foreign Service of Process.Jurisdiction is not acquired over a corporation, organized under the laws of another state, by service of process in the third state upon an officer of the corporation there found.-ELLSWORTH TRUST CO. v. PARRAMORE, U. S. C. C. of App., Fifth Circuit, 109 Fed. Rep. 906.

51. CORPORATIONS-Minority Stockholders.-A bill by a minority stockholder, to set aside a conveyance made in pursuance of an unlawful conspiracy in restraint of trade, and also praying damages under the anti-trust act, held multifarious. METCALF V. AMEEICAN SCHOOL-FURNITURE CO., U. s. C. C., W. D. (N. Y.), 108 Fed. Rep. 909.

52. COSTS-Printing-Briefs.-Unless provided for by special rule, the cost of printing briefs on appeal will not be allowed.-KURSHEEDT MFG. CO. V. NADAY, U. S. C. C. of App., Second Circuit, 108 Fed. Rep. 918. 53. COSTS-Retaxing Costs.- Where cause in city court, taken to supreme court is afterwards reversed by the court of errorrs, the application for the retaxing of the costs in the supreme court must be made in the latter court.-STOKES V. SCHLACTER, N. J., 49 Atl. Rep. 588.

51. COUNTIES

County Clerk-Compensation.-The county clerk is entitled to such compensation for incidental duties required in the sale of land for delinquent taxes as is allowed by Code, ch. 172.-STONE v. CALDWELL, Va., 39 S. E. Rep. 121.

55. COUNTIES-Expert Accountants.-When necessity exists, county commissioners may employ expert accountants to examine the county's book and collect sums found due.-GARRIGUS V. BOARD OF COM'RS OF HOWARD COUNTY, Ind., 60 N. E. Rep. 948.

56. COURTS-City Courts.-The general assembly, without regard to population of a city, may establish a city court therein, and prescribe for writs of error to the supreme court.-HEARD V. STATE, Ga., 39 S. E. Rep. 118.

57. CRIMINAL EVIDENCE-"Reasonable Doubt."—An instruction defining reasonable doubt in a homicide case as only requiring the jury to believe conscientiously, that this testimony, establishes the guilt of defendant, is erroneous.-ELLERBEE V. STATE, Miss. 30 South. Rep. 57.

58. CRIMINAL LAW-Bills of Exception-Time of Filing.-Time beyond the term to file bills of exception cannot be granted in criminal cases, except at or before the rendition of judgment.-STATE V. KIRK, Ind., 60 N. E. Rep. 939.

59. CRIMINAL LAW-Self-Defense.-An instruction on self-defense in a homicide case, which is based on an erroneous assumption that the killing was on sight, is erroneous.-ELBERLEE V. STATE, Miss., 30 South. Rep.

57.

60. CRIMINAL LAW-Trial-Sentence.-Where defendant pleads guilty, he cannot, on appeal, first object that his sentence was beyond the limits of the law.TOWN COUNCIL OF CROSSHILL V. OWENS, S. Car., 39 S. E. Rep. 184.

61. DAMAGES-Evidence to Reduce Damages.-Where the sole defense tendered by a plea in abatement was not sustained, defendant held entitled to participate only to reduce the recovery.-FOREMAN SHOE Co. v. F. M. LEWIS, Ill., 60 N. E. Rep. 971.

62. DAMAGES-No Pecuniary Damages.-Where there was no evidence of pecuniary loss, it was proper to direct a verdict for defendant.-PAULTON V. KEITH, R. I., Atl. Rep. 635.

63. DAMAGES-Telephone Service.-Where plaintiffs

to the encouragement of any one of such vices is maintainable.-HEARD V. STATE, Ga., 39 S. E. Rep. 118. 66. DIVORCE-Adulters-Connivance.-Evidence held Insufficient to show connivance or acquiescence of the husband, precluding divorce for wife's adultery.BROWN V. BROWN, N. J. 49, Atl. Rep. 589.

67. DRAINS-Mandamus.-Mandamus will not lie to compel township trustees to remove bridges obstructing the drainage of a water course.-STATE V. BOARD OF COM'RS OF HENRY COUNTY, Ind., 60 N. E. Rep. 989. 68. EJECTMENT-Deed-Evidence.-A deed conveying certain described land is not evidence that grantor had any title.-ANNISON CITY LAND CO. V. EDMONDSON, Ala., 30 South. Rep. 61.

69. ELECTIONS-Contest-Allegation of Fraud.-An allegation that certain votes were cast by persons not qualified voters not demurrable, because not alleging fraud on the part of the election officers.-KELLY V. STATE, Miss. 49 South. Rep. 49.

70. ELECTIONS-Contest-Marking Ballot. -The use of two crosses, instead of one, to designate the name of the person voted for, does not Invalidate the ballot.KELLY V. STATE, Miss., 30 South. Rep. 49.

71. ELECTION OF REMEDIES-Law or Equity.-Where plaintiff is prosecuting an action at law and a suit in equity, he may be compelled to elect between the two.-FLEMING V. COURTENAY, Me., 49 Atl. Rep. 614.

72. EMINENT DOMAIN-Right to Trial by Jury. -Const. art. 6, § 27, guarantying the right to jury trial, has no application to condemnation proceeding.-WIXOM V. BIXBY, Mich., 86 N. W. Rep. 1001.

73. EMINENT DOMAIN-Telegraph Poles - Damages.A landowner may recover damages for the additional burden upon the fee caused by the erection of tele. graph poles upon a public highway, notwithstanding it is a post road of the United States.-KESTER V. WESTERN UNION TEL. Co., U. S. C. C., W. D. (N. Y.), 108 Fed. Rep. 926.

74. EMINENT DOMAIN-Verdict-Impeachment.-Evi dence of a member of a jury to determine damages for land taken for public purposes, is not admissible to impeach the verdict.-WIXOM V. BIXBY, Mich., 86 N. W. Rep. 1001.

75. EQUITY-Action-Dismissal.-Equity can dismiss an action without prejudice, so that the judgment will not operate as a bar.-ProndzinskI V. GARBUT, N. D., 86 M. W. Rep. 969.

76. EQUITY-Answer.-Under Code, § 3275, an answer may be filled at any timejbefore final decree.-SHARITZ V. MOYERS, Va., 39 S. E. Rep. 166.

77. EQUITY-Conjectural Relief.-Equitable relief will not be granted where any conclusion in favor thereof must be conjectural.-DOYLE'S ADMR. V. BEASLEY, Va., 39 S. E. Rep. 152.

question of the validity thereof, held not to estop them from pleading non est factum to defeat liability.REPASS V. RICHMOND, Va., 39 S. E. Rep. 160.

83. EVIDENCE. - For breach of warranty against breaking, it was error to admit evidence that machine did not work properly.-DOWAGIAC MFG. Co. v. Cor. BIT, Mich., 86 N. W. Rep. 954.

84. EVIDENCE-Bonds-Other Deputies.-Evidence is not admissible, in an action on a bond of a deputy treasurer, as to bonds given by other deputies.-REPASS V. RICHMOND, Va., 39 S. E. Rep. 160.

85. EVIDENCE-Burden of Proof-Interveners.-Filing plea by interveners denying plaintiff's allegations held not to relieve plaintiff of the burden of establishing his right to recover.-EASTMORE V. BUNKLEY, Ga., 39 S. E. Rep. 105.

86. EVIDENCE-Corroboration-Witnesses.-Evidence of statements made by a surety on a bond prior to the institution of suit thereon held not admissible to cor roborate his testimony.-REPASS V. RICHMOND, Va., 39 S. E. Rep. 160.

87. EVIDENCE-Fragments of Deeds.- Fragments of a deed held admissible, in connection with parol proof that missing portion could not be found.-ANNISTON CITY LAND CO. v. EDMONDSON, Ala., 30 South. Rep. 61. 88. EVIDENCE- Interrogatories - Former Trial.Where plaintiff dismisses action and brings another, answers to the interrogatories returned while first action is pending held admissible on trial of second action.-RADFORD V. GEORGIA & A. R. Co., Ga., 39 S. E. Rep. 108.

89. EVIDENCE-Lost Deed.-Record of a deed held inadmissible until proof that the original is not in possession or under control.-AMERICAN MORTG. Co. v. MOUSE RIVER LIVE-STOCK CO., N. D., 86 N. W. Rep. 965.

90. EVIDENCE-Res Gesta-Correspondence.-Corre. spondence between the parties to a contract after its execution is not admissible in an action thereon as a part of the res gesta.-SOUTHERN RY. CO. v. WILCOX, Va., 39 S. E. Rep. 144.

91. EVIDENCE-Stipulation in Court.-A stipulation of counsel, made in open court and taken down by the stenographer at a former trial, is admissible in evidence on a new trial of the same cause.-GALLAGHER v. MCBRIDE, N. J., Atl. Rep. 582.

32. EXECUTION-Enjoining-Sale by Vendee.-A bill by vendee to enjoin a sale of goods under execution against the seller, which does ot show sale was prior to defendant's judginent is not sufficient.-WENZEL V. MILBURY, Md., 49 Atl. Rep. 618.

92. EXECUTION-Payment to Sheriff.-Payment to sheriff on levy on account after fraudulent assign. ment of the account, held a discharge of the debt.FABER V. WAGNER, N. Dak., 86 N. W. Rep. 963.

94. EXECUTORS AND ADMINISTRATORS-Care of Testatrix-Recompense.-Where complainants supported testatrix for years on her fraudulent pretense of destitution, they were entitled to be recompensed.ANDERSON V. EGGERS, N. J., 49 Atl. Rep. 578.

95. EXECUTORS AND ADMINISTRATORS-DistributionEnforcement.-Where title to devises did not pass to beneficiaries until executor had assented thereto, they should not recover property from him without alleging assent or refusal to assent.-LESTER V. STE.

MCKINNEY LANNING LOAN & TRUST Co., Neb., 86 N. W. Rep. 982.

98. FACTORS-Lien-Possession.-Factor's lien, given by Rev. Codes, § 4836, held dependent on possession of the property.-ROSENBAUM V. HAYES, N. Dak., 86 N. W. Rep. 973.

99. FACTORS-Receipt of Good-Sunday.-The fact that a factor acquired possossion of sheep on Sunday will not defeat his possession or lien.-ROSENBAUM V. HAYES, N. Dak., 86 N. W. Rep. 973.

100. FEDRAL COURTS Jurisdiction - Objection.-A federal court cannot entertain a purely equitable defense in an action in ejectment, and the matter being jurisdictional, the court is bound to take notice of it.-MULQUEEN V. SCHLICHTER JUTE CORDAGE Co., U. S. C. C., E. D. (Pa.), 109 Fed. Rep. 931.

101. FEDERAL COURTS - Pleading Amendment.A federal court will permit an amendment of a complainant in an action at law before answer, introduc. ing an additional cause of action.-OLIVER V. RAYMOND, U. S. C. C., E. D. (Wis.), 108 Fed Rep. 927.

102. FIRE INSURANCE- Forfeiture-Misstatements.Where owner of life estate insured the premises and stated that she was the owner thereof, held not to render the policy void.-CONVIS V. CITIZENS' MUT.

FIRE INS. Co.. Mich., 86 N. W. Rep. 994.

103. FIRE INSURANCE-Waiver.-Written assent to a sale of the property is waived by company subsequently recognizing the policy in force.-STUART V. RELIANCE INS. Co., Mass., 60 N. E. Rep. 929.

104. FRAUDS, STATUTE OF-Agreement to Reconvey.A parol agreement to reconvey real estate held within the statute of frauds, and not to create an express trust in favor of the grantor.-VEEDER V. MCKINLEYLANNING LOAN & TRUST Co., Neb., 86 N. W. Rep. 982.

105. FRAUDULENT CONVEYANCE-Account-Tranfer.Transfer of threshing account and statutory lien, while good between the parties, held void as to execu tion creditors of assignor.-FABER V. WAGNER, N. Dak., 86 N. W. Rep. 963.

106. FRAUDULENT CONVEYANCE - Declarations of Grantor.-Declarations of the grantor after the conveyance, in the absence of the grantee, held properly excluded.-SKELLEY V. VAIL, Ind., 60 N. E. Rep. 961.

107. FRAUDULENT CONVEYANCES-Intent.-Intent to defraud creditors must appear on face of deed, that court may declare it fraudulent per se.-BALLARD V. CHEWNING, W. Va., 39 S. E. Rep. 170.

108. GIFTS-Declaration of Husband.-Declarations of husband while free from debt held admissible to prove gift to the wife.-FIRST NAT. BANK V. HOLLAND, Va., 39 S. E. Rep. 126.

109. GIFTS-Husband to Wife- Dividend.-Gift by husband to wife of stock held not affected by the fact that he continued to draw the dividends.-FIRST NAT. BANK V. HOLLAND, Va., 39 S. E. Rep. 126.

110. GUARDIAN AND WARD - Personal Liability. Where a guardian gave a personal order for goods expecting to pay for them as guardian, such fact did not relieve him of personal liability.-GALLAGHER V. Mc. BRIDE, N. J., 49 Atl. Rep. 582.

111. HEALTH.-Although abatement of nuisance by board of health may affect a suit pending, no ground for interference with the board of health.-Srone v. HEATH, Mass., 60 N. E. Rep. 975.

51. CORPORATIONS-Minority Stockholders.-A bill by a minority stockholder, to set aside a conveyance made in pursuance of an unlawful conspiracy in restraint of trade, and also praying damages under the anti-trust act, held multifarious. - METCALF V. AMEEICAN SCHOOL-FURNITURE Co., U. S. C. C., W. D. (N. Y.), 108 Fed. Rep. 909.

52. COSTS-Printing-Briefs.-Unless provided for by special rule, the cost of printing briefs on appeal will not be allowed.-KURSHEEDT MFG. CO. V. NADAY, U. S. C. C. of App., Second Circuit, 108 Fed. Rep. 918. 53. COSTS-Retaxing Costs.-Where cause in city court, taken to supreme court is afterwards reversed by the court of errorrs, the application for the retaxing of the costs in the supreme court must be made in the latter court.-STOKES V. SCHLACTER, N. J., 49 Atl. Rep. 588.

51. COUNTIES

County Clerk-Compensation.-The county clerk is entitled to such compensation for incidental duties required in the sale of land for delinquent taxes as is allowed by Code, ch. 172.-STONE V. CALDWELL, Va., 39 S. E. Rep. 121.

55. COUNTIES-Expert Accountants.-When necessity exists, county commissioners may employ expert accountants to examine the county's book and collect sums found due.-GARRIGUS V. BOARD OF COM'RS OF HOWARD COUNTY, Ind., 60 N. E. Rep. 948.

56. COURTS-City Courts.-The general assembly, without regard to population of a city, may establish a city court therein, and prescribe for writs of error to the supreme court.-HEARD V. STATE, Ga., 39 S. E. Rep. 118.

57. CRIMINAL EVIDENCE-"Reasonable Doubt."-An instruction defining reasonable doubt in a homicide case as only requiring the jury to believe conscientiously, that this testimony, establishes the guilt of defendant, is erroneous.-ELLERBEE V. STATE, Miss. 30 South. Rep. 57.

58. CRIMINAL LAW-Bills of Exception-Time of Filing.-Time beyond the term to file bills of exception cannot be granted in criminal cases, except at or before the rendition of judgment.-STATE V. KIRK, Ind., 60 N. E. Rep. 939.

59. CRIMINAL LAW-Self Defense.-An instruction on self-defense in a homicide case, which is based on an erroneous assumption that the killing was on sight, is erroneous.-ELBERLEE V. STATE, Miss., 30 South. Rep.

57.

60. CRIMINAL LAW-Trial-Sentence.-Where defendant pleads guilty, he cannot, on appeal, first object that his sentence was beyond the limits of the law.TOWN COUNCIL OF CROSSHILL V. OWENS, S. Car., 39 S. E. Rep. 184.

61. DAMAGES-Evidence to Reduce Damages.-Where the sole defense tendered by a plea in abatement was not sustained, defendant held entitled to participate only to reduce the recovery.-FOREMAN SHOE Co. v. F. M. LEWIS, Ill., 60 N. E. Rep. 971.

62. DAMAGES-No Pecuniary Damages.-Where there was no evidence of pecuniary loss, it was proper to direct a verdict for defendant.-PAULTON V. KEITH, R. I., Atl. Rep. 635.

63. DAMAGES-Telephone Service.-Where plaintiffs were to have telephone service for organizing the company, held proper for them to show on breach what the value of the service would have been to them.-ZABEL V. NEW STATE TEL. CO., Mich., 86 N. W. Rep. 948.

64. DEEDS-Restrictions.-Where subdivided lots are conveyed with restrictions held not to prevent the enforcement of the terms of the deeds.-BACON V. SANDBERY, Mass., 60 N. E. Rep. 936.

65. DISORDERLY HOUSE — Conviction.-Though indiet nent for keeping disorderly house charges divers specified vices, a conviction for keeping such house

to the encouragement of any one of such vices is maintainable.-HEARD V. STATE, Ga., 39 S. E. Rep. 118. 66. DIVORCE-Adulters-Connivance.-Evidence held insufficient to show connivance or acquiescence of the husband, precluding divorce for wife's adultery.BROWN V. BROWN, N. J. 49, Atl. Rep. 589.

67. DRAINS-Mandamus.-Mandamus will not lie to compel township trustees to remove bridges obstruct. ing the drainage of a water course.-STATE V. BOARD OF COM'RS OF HENRY COUNTY, Ind., 60 N. E. Rep. 939. 68. EJECTMENT-Deed-Evidence.-A deed conveying certain described land is not evidence that grantor had any title.-ANNISON CITY LAND CO. V. EDMONDSON, Ala., 30 South. Rep. 61.

69. ELECTIONS-Contest-Allegation of Fraud.—An allegation that certain votes were cast by persons not qualified voters not demurrable, because not alleging fraud on the part of the election officers.-KELLY V. STATE, Miss. 49 South. Rep. 49.

70. ELECTIONS-Contest-Marking Ballot. -The use of two crosses, instead of one, to designate the name of the person voted for, does not invalidate the ballot.KELLY V. STATE, Miss., 30 South. Rep. 49.

71. ELECTION OF REMEDIES-Law or Equity.-Where plaintiff is prosecuting an action at law and a suit in equity, he may be compelled to elect between the two.-FLEMING V. COURTENAY, Me., 49 Atl. Rep. 614.

72. EMINENT DOMAIN-Right to Trial by Jury.-Const. art. 6, § 27, guarantying the right to jury trial, has no application to condemnation proceeding.-WIXOM V. BIXBY, Mich., 86 N. W. Rep. 1001.

73. EMINENT DOMAIN-Telegraph Poles - Damages.A landowner may recover damages for the additional burden upon the fee caused by the erection of telegraph poles upon a public highway, notwithstanding it is a post road of the United States.-KESTER V. WESTERN UNION TEL. CO., U. S. C. C., W. D. (N. Y.), 108 Fed. Rep. 926.

74. EMINENT DOMAIN-Verdict-Impeachment.-Evidence of a member of a jury to determine damages for land taken for public purposes, is not admissible to impeach the verdict.-WIXOM V. BIXBY, Mich., 86 N. W. Rep. 1001.

75. EQUITY-Action-Dismissal.-Equity can dismiss an action without prejudice, so that the judgment will not operate as a bar.—PRONDZINSKI V. GARBUT, N. D., 86 M. W. Rep. 969.

76. EQUITY-Answer.-Under Code, § 8275, an answer may be filled at any timeļbefore final decree.-SHARITZ V. MOYERS, Va., 39 S. E. Rep. 166.

77. EQUITY-Conjectural Relief.-Equitable relief will not be granted where any conclusion in favor thereof must be conjectural.-DOYLE'S ADMR. V. BEASLEY, Va., 39 S. E. Rep. 152.

79. EQUITY Jurisdiction Adequates Remedy.Equity will not exercise its jurisdiction, where the remedy at law is adequate, unless justice will thereby be facilitated.-ANDERSON V. EGGERS, N. J., 49 Atl. Rep. 578.

80. EQUITY-Submission to Jury.-A court of equity can submit matters of fact to jury or not, in its discretion.-BAKER V. SAFE-DEPOSIT & TRUST Co., Md., 49 Atl. Rep. 623.

81. ESTOPPEL-Preventing Performances of Conditions-Landlord and Tenant.-An adjoining landowner, preventing performance of a condition in a lease, held not estopped, after purchasing a lessor's interest, from asserting the forfeiture.-LAUREL CREEK COAL & COKE Co. v. BROWNING, Va., 39 S. E. Rep. 156. 82. ESTOPPEL-Validity of Bond - Questioning.The failure of the sureties on a bond to raise the