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judges. Anyone wbo can't see when the writing stops and draw his own conclusions from tbat 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 cham. bers upon a simple motion. He was told that he would have no difficulty. The judge asked to see tbe 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.

Weekly Digest of ALL the Carront Opinions

of ALL tho Stato and Torritorial Courts of

Last Resort, and of all the Federal Courts. ALABAMA....

.......4, 6, 7, 9, 68, 87, 157, 158 GEORGIA.............15, 24, 33, 56, 65, 86, 88, 95, 123, 131, 177 ILLINOIS............

.............1, 61, 203 INDIANA, 13, 21, 23, 27, 28, 35, 37, 45, 49, 55, 58, 67, 106, 129,

188, 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, 166, 168, 175,

176, 195, 197, 200 MINNESOTA........................................8, 106, 202 M1881881PPI....... 39, 57, 59, 69, 70, 113, 122, 139, 160, 179, 190 NEBRASKA................................96, 97, 104, 114, 188 NEW HAMPSHIRE ............................. 42, 43, 44, 186 NEW JERSEY......53, 66, 79, 91, 94, 110, 133, 135, 141, 148, 189 NEW YORK.............

..............16, 20 NORTH DAKOTA.................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 O. 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 WEST VIRGINIA..

..........3, 19, 22, 26, 107

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 posses. slon, 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 rallroad company had built its right of way under & land grant may acquire title to part of such a way by adverse possession.-NORTHERN PAC. Ry. Co. v. TOWN. SEND, Minn., 86 N. W. Rep. 1007.

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

10. ALIENS - Immigration Officerg-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.

11. .ALTERATION OF INSTRUMENTS - Discharge of Maker.-Maker of a note held discharged by a material alteration avoiding the note.-HOFFMAN Y. 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 recelver is not a part of the record by a bill of excep. tions, 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 wit. ness 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 Delendant.-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 8. E. Rep. 112.

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

17. APPEAL AND ERROR-Dissolution of Iniunction. A recital in the record of an appeal from an order par. tially dissolving an injunction held conclusive that the proceeding for dissolution was in the proper man. ner.- 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. C 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. ing application of attorneys to determine amount of their lien, held a final order in the special proceed. ing, and appealable to the court of appeals.-IN RE KING, N. Y., 60 N. E. Rep. 1054.

21. APPEAL AND ERROR -- Incomplete Record.Where record on appeal is incomplete, a statement in the transcript, explaining the condition of the record,

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

2. ABATEMENT AND REVIVAL - Amendable Detects.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.-LAID. LEY V. JASPER, W. Va., 39 S. E. Rep. 169.

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

5. ADVERSE POSSESSION-Copy of Deed-Evidence.A copy of the record of a deed containing the name of no grantee is not admissible in evidence to establish color of title.-NELSON V. COOPER, U. S.C.C. of App., Second Circuit, 108 Fed. Rep. 919.

6. ADVERSE POSSESSION-Evidence of Ownership.Witness cannot state that plaintiff exercised such acts

is no part thereol.-HORNBROOK V. HETZEL, Ind., 60 applied with plaintiff's knowledge, it could not re. N. E. Rep. 965.

cover.-GREEVER V. BANK OF GRAHAM, Va., 39 S. E. 22. APPEAL AND ERROR-Instruction-Non-Prejudi. Rep. 159. cial.-Instruction in ejectment, though objectionable, 37. BLACKMAIL-Indictment.-Indictment for black. not ground for reversal, where plaintiff could not have malling must allege the ownership of the property been prejudiced.-MAXWELL V. KENT, W. Va., 39 S. E. attempted to be extorted.-GREEN V. STATE, Ind., 60 Rep. 174.

N. E. Rep. 941. 23. APPEAL AND ERROR - Justice-Jurisdiction.-An 38. BONDS-Misrepresentations.-Obligor of bonds, appeal does not lie from justice where amount was $1, having pleaded that he gave them for land by misrep. though the constitutionality of a statute was involved. resentations as to value must prove value at time of -COLLIEBY ENGINEER CO. V. AMERICAN CAR & FOUN. purchase.-SOUTH ROANOKE LAND Co. V. ROBERTS, DRY CO., Ind., 60 N. E. Rep. 941.

Va., 39 S. E. Rep. 133. 24. APPEAL AND ERROR-Parties - Deceased Defend. 39. BUILDING AND LOAN ASSOCIATIONS-Usury.-A ant.-Supreme court, having acquired jurisdiction of contract requiring the borrower to pay a monthly writ of error, may compel legal representative of de premium and montbly dues, the sum of which exceeded ceased defendant to be made a party.-MCGOWAN V. the legal rate of interest, is ugurious,-SHANNON V. BROOKS, Ga., 39 S. E. Rep. 112.

GEORGIA STATE BUILDING & LOAN ASSN., Miss., 30 25. APPEAL AND ERROR-Question of Costs.-A decree South. Rep. 51. will not be reversed on a question of costs, where it is 40. CARRIERS-Goods-Delivery.- Where a contract Affirmed in respect to the merits.-SPROULL V. PRATT of shipment between a carrier and shipper does not & WHITNEY CO., U.S.C. C. of App., Second Circuit, 108 specify the time the goods are to be delivered to the Fed. Rep. 963.

carrier, the shipper has a reasonable time for their 26. APPEAL AND ERROR - Reason of Decision.-A de.

delivery.-SOUTHERN RY. Co. v. WILCOX, Va., 39 S. E. cree need not contain any reason for the decision, and

Rep. 144. will be affirmed, though a wrong reason be given 41. CARRIERS - Interstate Shipment – Illegal. - The therein.-BALLARD V. CHEWNING, W. Va., 39 S. E. Rep. illegality of a contract for the interstate shipment of 170.

freight held to prevent the recovery by the shipper 27. APPEAL AND ERROR-Record - Motions.-Order for a breach thereof.-SOUTHERN RY. CO. V. WILCOX, separating the trial of an action will not be reviewed, Va., 39 S. E. Rep. 144. wbere the motion for the separation was not brought 42. CHARITIES–Discretion of Trustees.-Trustees of into the record.-SKELLEY V. VAIL, Ind., 60 N. E. Rep. & devise to charitable uses held not vested by tes961.

tator's will with a discretion as to expending the in. 28. APPEAL AND ERROR - Record – Presumption. come of the fund.-HAYNES V.. CARR, N. H., 49 Atl. Where clerk certifies that the paper copied as the Rep. 638. amended complaint is such, the court will go pre. 43. CHARITIES-Jurisdiction of Equity.-Courts of sume.-INDIANAPOLIS UNION RY. CO. V. HOULIHAN, equity held to have original and inherent jurisdiction Ind., 60 N. E. Rep. 943.

overcharities, independent of St. 43 Eliz. ch. 4, respect. 29. APPEAL AND ERROR-Rejection of Plea.-Error in ing charitable uses.-HAYNES V. CARR, N. H., 49 Atl. rejecting a plea tendered by defendant is harmless, Rep. 638. where the evidence in support thereof is admitted un. 44. CHARITIES — Trust - Indefiniteness.-A trust for der the general issue.-SOUTHERN RY.CO. V. WILCOX, charitable uses held not invalid because the trustees Va., 39 S. E. Rep. 144.

were given powers to devote the income to educa. 30. APPEAL AND ERROR - Res Judicata.- Where the tional purposes.-HAYNES V. CARR, N. H., 49 Atl. Rep. parties and subject matter are the same, and supreme

638. court on prior appeal disposed of the whole matter, it 45. CHATTEL MORTGAGE 8-Filing-Time.-A chattel is res judicata.-MCALLISTER V. HAMILTON, S. Car., 39

mortgage filed on the day of delivery was fled within S. E. Rep. 182.

10 days after execution, as required by statute.31. APPEALS-Part of Order Appealed From.-Unless HORNBROOK V. HETZEL, Ind., 60 N. E. Rep. 965. there are special reasons therefor, a part of an order

46. CLERKS OF COURTS-Duties-Census.-The rights appealed from will not be taken up for consideration

and duties of a clerk of the circuit court are not al. on a motion in advance of the regular hearing.

fected for the balance of his term by reason of a census UNITED STATES V. LEK TEN TAI, U.S.C.C. of App.,

being taken, whereby the population of the county is Second Circuit, 108 Fed. Rep. 950.

raised above 15,000.-WATKINS V. VENABLE, Va., 39 S. 32. APPEARANCE-Waiver of Service.-A special ap. E. Rep. 147. pearance by defendants to object to the court's juris. diction over their persons 18 not a waiver of legal serv.

47. COLLISION8—Anchorage Ground.-A steamship, ice.-ELLSWORTH TRUST CO. V. PABRAMORE, U. S.O..

anchoring in a harbor outside the anchoring ground,

held liable for a collision in a fog in the nighttime.of App., Fifth Circuit, 108 Fed. Rep. 906.

THE A. P. SKIDMORE, U. S. D.O., S. D. (N. Y.), 108 Fed. 33. BANKRUPTCY - Judgment-Prior to Bankruptcy.

Rep. 972. -Sale of property set apart as exempt on judgment on debt created after bankruptcy, held not to devest the

48. COLLISION-Lookouts.-A tug entering a barbor lien of a judgment prior to bankruptcy, not proven.

in a thick fog in the nighttime held negligent for fail. DOZIER V. MCWHORTER, Ga., 39 S. E. Rep. 106.

ure to have lookouts on the bowg of its bow.THE 34. BANKRUPTCY-Petition to Recover Preferences.

A. P. SKIDMORE, U. 8. D. O., S. D. (N. Y.), 108 Fed.

Rep. 972. Where a petition in involuntary bankruptcy alleges a transfer of property with intent to hinder and delay 49. CONSTITUTIONAL LAW-Employer's Liability Act. creditors, the solvency of the alleged bankrupt is a -Employer's liability act, making railroad companies matter of defense, and the petitioners peed not prove responsible for injuries to employees, the same as to insolvency.-IN BE WEST, U.S. C. C. of App., Second strangers, is constitutional.-INDIANAPOLIS UNION RY. Circuit, 108 Fed. Rep. 940.

00. V. HOULIHAN, Ind., 60 N. E. Rep. 943. 35. BANKRUPTCY - Preferences – Judgment.-Judg. 60. CORPORATION - Foreign – Service of Procoss.ment obtained against insolvent within four months Jurisdiction is not acquired over a corporation, orof bankruptcy is vold.-SEVERIN V. ROBINSON, Ind., 60

ganized under the laws of another state, by service of N. E. Rep. 966.

process in the third state upon an officer of the cor. 36. BILLS AND NOTES-Proceeds-Fraudulent Appli. poration there found.-ELLSWORTH TRUSD CO. V. PAR. cation.-10 an action against Indorsers on a note, held RAMORE, U, S. 0. C. of App., Fifth Circuit, 109 Fed. proper to instruct that, if note had been fraudulently | Rep. 906.

51. CORPORATIONS-Minority Stockholders.-A bill to the encouragement of any one of such vices is by a minority stockholder, to'get aside a conveyance maintainable.-HEARD V. STATE, Ga., 39 S. E. Bep. 118. made in pursuance of an unlawful conspiracy in 66. DIVORCE-Adulterg-Connivance.-Evidence held restraint of trade, and also praying damages under ingumcient to show connivance or acqulescence of the the anti-trust act, held multifarious. - METCALF V. I husband. precluding divorce for wile's adultery.AMEEICAN SCHOOL-FURNITURE CO., U. 8. C. O., W. D. BROWN V. BROWN, N. J. 49, Atl. Rep. 589. (N. Y.), 108 Fed. Rep. 909.

67. DRAINS-Mandamus.-Mandamus will not lie to 52. Coste-Printing-Briefs.-Unless provided for

compel township trustees to remove bridges obstruct. by special rule, the cost of printing briefs on appeal ing the drainage of a water course.-STATE V. BOARD will not be allowed.-KURSHEEDT MFG. CO. V. NADAY, OF COM'RS OF HENRY COUNTY, Ind., 60 N. E. Rep. 939. U.S.C. C. of App., Second Circuit, 108 Fed. Rep. 918.

68. EJECTMENT-Deed-Evidence.-A deed conveying 53. COSTS-Retaxing Costs.-Where cause in city

certain described land is not evidence that grantor court, taken to supreme court is afterwards reversed

had any title.--ANNISON CITY LAND CO.V. EDMONDSON, by the court of errorrs, the application for the retax.

Ala., 30 South, Rep. 61. ing of the costs in the supreme court must be made in

69. ELECTIONS-Contest-Allegation of Fraud.-An the latter court.-STOKES V, SCHLACTER, N. J., 49 Atl.

allegation that certain votes were cast by persons not Rep. 588.

qualified voters not demurrable, because not alleging 54. COUNTIES – County Clerk-Compensation.-The fraud on the part of tbe election officers.-KELLY V. county clerk is entitled to such compensation for

STATE, Miss. 49 South. Rep. 49. incidental duties required in the sale of land for delin

70. ELECTIONS-Contest-Marking Ballot. -The use of quent taxes as is allowed by Code, ch. 172.-STONE V.

two crosses, Instead of one, to designate the name of CALDWELL, Va., 39 S. E. Rep. 121.

the person voted for, does not invalidate the ballot.55. COUNTIES-Expert Accountants.-When necessity

KELLY V. STATE, Miss., 30 South. Rep. 49. exists, county commissioners may employ expert &c.

71. ELECTION OF REMEDIES-Law or Equity.-Where countants to examine the county's book and collect gums found due.-GARRIGUS V. BOARD OF COM'RS OF

plaintiff is prosecuting an action at law and a suit in

equity, he may be compelled to elect between the HOWARD COUNTY, Ind., 60 N. E. Rep. 948.

two.-FLEMING V. COURTENAY, Me., 49 Atl. Rep. 614. 56. COURT8-City Courts.-The general assembly, without regard to population of a city, may establish

72. EMINENT DOMAIN-Right to Trial by Jury.-Const. a city court therein, and prescribe for write of error art. 6, $ 27, guarantying the right to jury trial, has no to the supreme court.-HEARD V. STATE, Ga., 39 S. E. application to condemnation proceeding.-Wixom v. Rep. 118.

BIXBY, Mich., 86 N. W. Rep. 1001. 57. CRIMINAL EVIDENCE_"Reasonable Doubt."-An

73. EMINENT DOMAIN-Telegraph Poles - Damages.instruction defining reasonable doubt in a homicide

A landowner may recover damages for the additional case as only requiring the jury to believe conscien. burden upon the fee caused by the erection of tele. tiously, that this testimony, establishes the guilt of

graph poles upon a public highway, notwithstanding defendant, is erroneous.-ELLERBEE V. STATE, Miss.

it is a post road of the United States.-KESTER V. 30 South. Rep. 57.

WESTERN UNION TEL. Co., U. 8. 0. C., W. D. (N. Y.),

108 Fed. Rep. 926. 58. CRIMINAL LAW-Bills of Exception-Time of Fil. ing.-Time beyond the term to file bills of exception

74. EMINENT DOMAIN-Verdict-Impeachment.-Evi. cannot be granted in criminal cases, except at or

dence of a member of a jury to determine damages before the rendition of judgment.-STATE V. KIRK, Ind.,

for land taken for public purposes, is not admissible

to impeach the verdict.-WIXOM V. BIXBY. Micb... 86 N. 60 N. E. Rep. 939.

W. Rep. 1001. 59. CRIMINAL LAW-Self Defense.-An instruction on

75. EQUITY-Action-Dismissal.-Equity can dismiss self-defense in a homicide case, which is based on an

an action without prejudice, so that the judgment will erroneous assumption that the killing was on sight, is not operate as a bar.-PRONDZINSKI V. GARBUT, N.D., erroneous.-ELBERLEE V. STATE, Miss., 30 South. Rep.

86 M. W. Rep. 969. 57.

76. EQUITY-Answer.-Under Code, $ 3275, an answer 60. CRIMINAL LAW-Trial-Sentence.- Where defend. I may be filed at any timejbefore final decree.-SHARITZ ant pleads guilty, he cannot, on appeal, first object v. MOYERS, Va., 39 S. E. Rep. 166. that bis sentence was beyond the limits of the law. 77. EQUITY-Conjectural Relief.--Equitable rellet will TOWN COUNCIL OF CROSSHILL V. OWENS, S. Car., 39 S.

not be granted where any conclusion in favor thereof E. Rep. 184.

must be conjectural.-DOYLE'S ADMR. V. BEASLEY, Va., 61. DAMAGE8-Evidence to Reduce Damages.- Where

39 S. E. Rep. 152. the sole defense tendered by a plea in abatement was 78. EQUITY-Insurance-Life Tenant.-Equity has not sustained, defendant held entitled to participate jurisdiction to determine rights of the parties under a only to reduce the recovery.-FOREMAN SHOE Co. v. policy of insurance taken out by the life tenant.F. M. LEWIS, III., 60 N. E. Rep. 971.

CONVis V. CITIZENS' MOT. FIBE INS. Co., Mich., 86 62. DAMAGES-No Pecuniary Damages.- Where there

N. W. Rep. 994. was no evidence of pecuniary loss, it was proper to

79. EQUITY - Jurisdiction – Adequates Remedy.direct a verdict for defendant.-PAULTON V. KEITH,

Equity will not exercise its jurisdiction, where the R.I., Atl. Rep. 635.

remedy at law is adequate, unless Justice will thereby

be facilitated.-ANDERSON V. EGGERS, N.J., 49 Atl. 63. DAMAGES-Telephone Service.-Where plaintiffs

Rep. 578. were to have telephone service for organizing the

80. EQUITY-Submission to Jury.-A court of equity company, held proper for them to show on breach

can submit matters of fact to jury or not, in its discre. wbat the value of the service would have been to

tion.-BAKER V. SAFE-DEPOSIT & TRUST Co., Md., 49 them.-ZABEL V. NEW STATE TEL. Co., Mich., 86 N. W.

Atl. Rep. 623. Rep. 948.

81. ESTOPPEL-Preventing Performances of Condi. 64. DEEDS-Restrictions.-Where gabdivided lots are tions-Landlord and Tenant.-An adjoining land. conveyed with restrictions held not to prevent the

owner, preventing performance of condition in a enforcement of the terms of the deeds.-BACON v.

lease, held not ostopped, after purchasing a lessor's SANDBERY, Mass., 60 N. E. Rep. 936.

Interest, from asserting the forfeiture.-LAUREL CREEK 65. DISORDERLY HOUSE - Conviction.-Though in.

COAL & COKE CO. V. BROWNING, Va., 39 S. E. Rep. 156. diet nent for keeping disorderly house charges divers 82. ESTOPPEL – Validity of Bond - Questioning.speciti od vices, a conviction for keeping such house the failure of the sureties on a bond to raise the question of tbe validity thereof, held not to estop them MCKINNEY LANNING LOAN & Trust Co., Neb., 86 N. W. from pleading non est factum to defeat liability. Rep. 982. REPASS V. RICHMOND, Va., 39 8. E. Rep. 160.

98. FACTORS-Lien-Possession.-Factor's lien, given 83. EVIDENCE. - For breach of warranty against by Rev. Codes, $ 4836, beld dependent on possession of breaking, it was error to admit evidence that machine the property.-ROSENBAUM V. HAYES, N. Dak., 86 did not work properly.-DOWAGIAC MFG. CO. V. COR. N. W. Rep. 973. BIT, Mich., 86 N. W. Rep. 954.

99. FACTORS-Receipt of Good-Sunday.-The fact 84. EVIDENCE-Bonds-Other Deputies.-Evidence is that a factor acquired possossion of sheep on Sunday not admissible, in an action on a bond of a deputy will not defeat his possession or llen.-ROSENBAUM V. treasurer, as to bonds given by other deputies.-RE HAYES, N. Dak., 86 N. W. Rep. 973. PASS V. RICHMOND, Va., 39 S. E. Rep. 160.

100. FEDRAL COURT8 - Jurisdiction - Objection.-A 85. EVIDENCE-Burden of Proof-Intervenerg.-F1l. federal court cannot entertain a purely equitable ing plea by intervepers denying plaintiff's allegations defense in an action in ejectment, and the matter be. held not to relieve plaintiff of the burden of establish. ing jurisdictional, the court is bound to take notice ing his right to recover.-EASTMORE V. BUNKLEY, Ga., of it.-MOLQUEEN V. SCHLICHTER JUTE CORDAGE Co., 39 S. E. Rep. 105.

U.S.C.O., E. D. (Pa.), 109 Fed. Rep. 931. 86. EVIDENCE-Corroboration-Witnesses.-Evidence 101. FEDERAL COURTS -- Pleading - Amendment. of statements made by a surety on a bond prior to the A federal court will permit an amendment of a cominstitution of suit thereon held not admissible to cor.

plainaut in an action at law before answer, intro roborate his testimony.-REPASS V. RICHMOND, Va., 39 ing an additional cause of action.-OLIVER V. RAY. $. E. Rep. 160.

MOND, U.S.0.0., E. D. (Wis.), 108 Fed Rep. 927. 87. EVIDENCE-Fragments of Deeds.- Fragments of a

102. FIRE INSURANCE-Forfeiture--Misstatements.deed held admissible, in connection with parol proof

Where owner of life estate insured the premises and that missing portion could not be found.-ANNISTON stated that she was the owner thereof, held not to CITY LAND CO. V. EDMONDSON, Ala., 30 South. Rep. 61. render the policy vold.-CONVIS V. CITIZENS' MUT. 88. EVIDENCE -- Interrogatorieg - Former Trial.

FIRE INS.CO.. Micb., 86 N. W. Rep. 994. Where plaintiff dismisses action and brings another,

103. FIRE INSURANCE-Waiver.-Written assent to a answers to the interrogatorieg returned while first ac. sale of the property is waived by company subsetion is pending held admissible on trial of second quently recognizing the policy in force.-STUART V. action.-RADFORD V. GEORGIA & A. R. Co.. Ga.. 39 S. I RELIANCE IN8. Co., Mass., 60 N. E. Rep. 929. E. Rep. 108.

104. FRAUDS, STATUTE OF-Agreement to Reconvey.59. EVIDENCE-Lost Deed.-Record of a deed held in. A parol agreement to reconvey real estate held within admissible until proof that the original is not in pos.

the statute of frauds, and not to create an express session or under control.-AMERICAN MORTG. Co. v.

trust in favor of the grantor.-- VEEDER V. MCKINLEY MOUSE RIVER LIVE-STOCK Co., N. D., 86 N. W. Rep.

LANNING LOAN & TRUST CO., Neb., 86 N. W. Rep. 982. 965.

105. FRAUDULENT CONVEYANCE-Account-Tranfer.90. EVIDENCE-Res Gestæ-Correspondence.-Corre. Transfer of threshing account and statutory lien, spondence between the parties to a contract after its

while good between the parties, beld void as to execuexecution is not admiesible in an action thereon as a

tion creditors of assignor.-FABER V. WAGNER, N. Dak., part of the res gestæ.-SOUTHERN RY. Co. v. WILCOX,

86 N. W. Rep. 963. Va., 39 S. E. Rep. 144.

106. FRAUDULENT CONVEYANCE - Declarations of 91. EVIDENCE-Stipulation in Court.-A stipulation

Grantor.-Declarations of the grantor after the con. of counsel, made in open court and taken down by the

veyance, in the absence of the grantee, held properly stenographer at a former trial, is admissible in evi. excluded.-SKELLEY V. VAIL, Ind., 60 N. E. Rep. 961. dence on a new trial of the same cause.-GALLAGHER 107. FRAUDULENT CONVEYANCE8-Intent.-Iptent to V. MCBRIDE, N. J., Atl. Rep. 582.

defraud creditors must appear on face of deed, that 32. EXECUTION-Enjolning-Sale by Vendee.-A bill

court may declare it fraudulent per se.-BALLARD V. by vendee to enjoin a sale of goods under execution

CHEWNING, W. Va., 39 S. E. Rep. 170. against the seller, which does i ut show sale wag prior 108. GIFT8-Declaration of Husband.-Declarations to defendant's judginent is not sufficient.-WENZEL V. of husband while free from debt held admissible to MILBURY, Md., 49 Atl. Rep. 618

prove gift to the wife.-FIRST NAT. BANK V. HOLLAND, 92. EXECUTION-Payment to Sheriff.-Payment to

Va., 39 S. E. Rep. 126. . sheriff on levy on account alter fraudulent assign.

109. Gifrs-Husband to Wife - Dividend.-Gift by ment of the account, held a discharge of the debt. husband to wife of stock held not affected by the fact FABER V. WAGNER, N. Dak., 46 N. W. Rep. 963.

that be continued to draw the dividends.-FIRST NAT.

BANK V. HOLLAND, Va., 39 S. E. Rep. 126. 94. EXECUTORS AND ADMINISTRATORS-Care of Testa. trix-Recompense.-Where complainante supported

110. GUARDIAN AND WARD - Personal Liability, testatrix for years on her fraudulent pretense of des.

Where a guardian gave a personal order for goods extitution, they were entitled to be recompenses.

pecting to pay for them as guardian, guch fact did not ANDERSON V. EGGERS, N. J., 49 Atl. Rep. 578.

relieve him of personal liability.-GALLAGHER V. MC.

BRIDE, N. J., 49 Atl. Rep. 582. 95. EXECUTORS AND ADMINISTRATORS-DistributionEnforcement.-Where title to devises did not pass to

111. HEALTH.-Although abatement of nuisance by beneficiaries until executor had assented thereto,

board of health may affect a suit pending, no ground they should not recover property from him without

for interference with the board of health.-STONE V. alleging assept or refusal to assent.-LESTER V. STE. HEATH, Mass., 60 N. E. Rep. 975. PHENS, Ga., 39 8. E. Rep. 109.

112. HIGHWAYS-Open to travel-Evidence.- Wagons 96. EXECUTORS AND ADMINISTRATORS - Sale - Pur. passing over a highway insufficient to show that it chase by Administrator.-Statute declaring a pur. wag open to public travel.-COMPTON V. INHABITANTS chase of land by an administrator at his own sale to OF TOWN OF KEVERE, Mass., 60 N. E. Rep. 931. be void gbould be construed to mean voidable only. 113. HOMICIDE - Self-Defense. - An instruction on -VEEDER V. MCKINLEY-LANNING LOAN & TRUST Co.. self-defense, that the danger must have been so urgent Neb., 86 N. W. Rep. 982.

that there was no reasonable mode of escape, except 97. EXECUTORS AND ADMINISTRATORS - Sale - Pur:

to take the life of deceased, held erroneous.-ELLER. chase by Administrator.-An administrator, author BEE V. STATE, Miss., 30 South. Rep. 57. ized to sell land belonging to the estate, cannot be. 114. HUSBAND AND WIFE – Conveyance to Wite.come a purchaser in his own right.-VEEDER V. | Where real estate is conveyed by a husband to wife

51. CORPORATIONS-Minority Stockholders.-A bill to the encouragement of any one of such vices is by a minority stockholder, to set aside a conveyance maintainable.-HEARD V. STATE, Ga., 39 8. E. Bep. 118. made in pursuance of an unlawful conspiracy in 66. DIVORCE-Adulterg-Connivance.-Evidence held restraint of trade, and also praying damages under

insufficient to show connivance or acqulescence of the the anti-trust act, held multifarious. – METCALF V. husband, precluding divorce for wife's adultery.AMERICAN SCHOOL-FURNITURE CO., U. S. C. 0., W. D. BROWN V. BROWN, N. J. 49, Atl. Rep. 589. (N. Y.), 108 Fed. Rep. 909.

67. DRAINS-Mandamus.- Mandamus will not lle to 52. Costg-Printing-Briefs.-Unless provided for compel township trustees to remove bridges obstruct. by special rule, the cost of printing briefs on appeal

ing the drainage of a water course.-STATE V. BOARD will not be allowed.-KURSHEEDT MFG. CO. V. NADAY,

OF COM'RS OF HENRY COUNTY, Ind., 60 N. E. Rep. 939. U.S.C.C. of App., Second Circuit, 108 Fed. Rep. 918.

68. EJROTMENT-Deed-Evidence. A deed conveying 53. Co8T8-Retaxing Costs.-Where cause in city certain described land is not evidence that grantor court, taken to gupreme court is afterwards reversed

| had any title.-ANNISON CITY LAND CO.V. EDMONDSON, by the court of errorrs, the application for the retax.

Ala., 30 South. Rep. 61. ing of the costs in the supreme court must be made in

69. ELECTIONS-Contest-Allegation of Fraud.-An the latter court.-STOKES V. SCHLACTER, N.J., 49 Atl.

allegation that certain votes were cast by persons not Rep. 588.

qualified voters not demurrable, because not alleging 51. COUNTIES - County Clerk-Compensation.-The

fraud on the part of the election omcers.-KELLY V. county clerk is entitled to such compensation for

STATE, Miss. 49 South. Rep. 19. incidental duties required in the sale of land for delin.

70. ELECTIONS-Contest-Marking Ballot. -The use of quent taxes as is allowed by Code, ch. 172.-STONE V.

two crosses, instead of one, to designate the name of CALDWELL, Va., 39 S. E. Rep. 121.

the person voted for, does not invalidate the ballot.55. COUNTIES-Expert Accountants.-When necessity

KELLY V. STATE, Miss., 30 South. Rep. 49. exists, county commissioners may employ expert ac. countants to examine the county's book and collect

71. ELECTION OF REMEDIES-Law or Equity.-Where

plaintiff is prosecuting an action at law and a suit in Sums found due.-GARRIGUS V. BOARD OF COM'RS OF HOWARD COUNTY, Ind., 60 N. E. Rep. 948.

equity, he may be compelled to elect between the

two.-FLEMING V. COURTENAY, Me., 49 Atl. Rep. 614. 56. COURT8-City Courts.-The general assembly, without regard to population of a city, may establish

72. EMINENT DOMAIN-Right to Trial by Jury.-Const. a city court therein, and prescribe for writs of error art. 6, $ 27, guarantying the right to jury trial, has no to the supreme court.-HEARD V. STATE, Ga., 39 S. E. application to condemnation proceeding.-WIXOM V. Rep. 118.

BIXBY, Mich., 86 N. W. Rep. 1001. 57. CRIMINAL EVIDENCE-"Reasonable Doubt."-An

73. EMINENT DOMAIN-Telegraph Poles - Damages.instruction defining reasonable doubt in a homicide A landowner may recover damages for the additional case as only requiring the jury to believe conscien. burden upon the fee caused by the erection of tele. tiously, that this testimony, establishes the guilt of graph poleg upon a public highway, notwithstanding defendant, is erroneous.-ELLERBEE V. STATE, Miss. it is a post road of the United States.-KESTER V. 30 South. Rep. 57.

WESTERN UNION TEL. CO., U.S.O.C., W. D. (N. Y.),

108 Fed. Rep. 926. 58. CRIMINAL LAW-Bills of Exception-Time of Fil.

74. EMINENT DOMAIN-Verdict-Impeachment.-Evi. ing.-Time beyond the term to file bills of exception cannot be granted in criminal cases, except at or

dence of a member of a jury to determine damages before the rendition of judgment.-STATE V. KIRK, Ind.,

for land taken for public purposes, is not admissible 60 N. E. Rep. 939.

to impeach the verdict.-WIXOM V. BIXBY, Mich., 86 N.

W. Rep. 1001. 59. CRIMINAL LAW-Self-Defense.-An instruction on

75. EQUITY-Action-Dismissal.-Equity can dismiss self-defense in a homicide case, which is based on a

an action without prejudice, so that the judgment will erroneous assumption that the killing was on sight, is

not operate as a bar.-PRONDZINSKI V. GARBOT, N. D., erroneous.-ELBERLEE V. STATE, Miss., 30 South. Rep.

86 M. W. Rep. 969. 57.

76. EQUITY-Answer.-Under Code, $ 3275, an answer 60. CRIMINAL LAW-Trial-Sentence.-Where defend. may be filed at any timejbefore final decree.-SHARITZ ant pleads guilty, he cannot, on appeal, first object V. MOYERS, Væ., 39 S. E. Rep. 166. that bis sentence was beyond the limits of the law.

77. EQUITY-Conjectural Relief.-Equitable relief will Town COUNCIL OF CROSSHILL V. OWENS, S. Car., 39 S.

not be granted where any conclusion in favor thereot E. Rep. 184.

must be conjectural.-DOYLE'S ADMR. V. BEASLEY, VA., 61. DAMAGES-Evidence to Reduce Damages.- Where 39 S. E. Rep. 152. the sole defense tendered by a plea in abatement was 78. EQUITY-Insurance-Lite Tenant.-Equity has not sustained, defendant held entitled to participate jurisdiction to determine rights of the parties under a only to reduce the recovery.-FOREMAN SHOE CO.V. policy of insurance taken out by the life tenant.F. M. LEWIS, III., 60 N. E. Rep. 971.

CONVIS V. CITIZENS' Mot. FIRE INS. Co., Mich., 86 62. DAMAGES-No Pecuniary Damages.- Where there

N. W. Rep. 994. was no evidence of pecuniary loss, it was proper to

79. EQUITY – Jurisdiction – Adequates Remedy.-direct å verdict for defendant.-PAULTON V. KEITH,

Equity will not exercise its jurisdiction, where the R. I., Atl. Rep. 635.

remedy at law is adequate, unless justice will thereby

be facilitated.-ANDERSON V. EGGERS, N.J., 49 Atl. 63. DAMAGES-Telephone Service.- Where plaintiffs

| Rep. 578. were to have telephone service for organizing the company, held proper for them to show on breach

1 80. EQUITY-Submission to Jury.-A court of equity

can anbmit mattwhat the value of the them.-".

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