31. BUILDING AND LOAN ASSOCIATION-Purchase of Stock. A purchase of paid up stock in a building and loan association is not a loan, and the purchaser has no rights superior to other members on insolvency.— BINGHAM V. MARION TRUST Co., Ind., 61 N. E. Rep. 29. 32. BUILDING AND LOAN ASSOCIATIONS-Receivers.A receiver of an insolvent building and loan association represents, not only the creditors, but also the stockholders, and must adjust its affairs equitably among them.-BINGHAM V. MARION TRUST CO., Ind., 30 South. Rep. 29.

33. CARRIERS-Negligence-Backing Up.-A carrier, held negligent in backing an engine on a main track without any efficient lookout or warning of its approach.-ST. LOUIS, I. M. & S. RY. Co. v. TOMLINSON, Ark., 64 S. W. Rep. 347.

34. CARRIERS-Refusal to Accept Goods.-On refusal of consignee to accept goods, the master of the carrier must place them at the expense of the consignee, where they will not be exposed to loss.-SONIA COTTON OIL Co. V. THE RED RIVER, La., 30 South. Rep. 363.

35. CARRIERS-Violating Instructions.- Where car. rier was instructed to carry goods in bond, taking them out of bond is an interference with plaintiff's right, rendering the carrier responsible for actual damages. SMITH BROS. & Co. v. NEW ORLEANS & N. E. R. Co., La., 30 South. Rep. 265.

36. CERTIORARI-Court of Appeals.-A litigant cast in the court of appeals must apply there for rehearing, but apply to supreme court for writ of review.-CoLOMB V. ROLLING, La., 30 South. Rep. 293.

37. CHAMPERTY AND MAINTENANCE-Litigious Claims. -Evidence held to show that plaintiff's claim is a litigious one.-MEANS V. Ross, La., 30 South. Rep. 300. 38 CHAMPERTY AND MAINTENANCE-Litigious Claims. -Where claim is transferred without consideration, it is litigious, entitling defendant to release from pay. ment.-INDEPENDENT ICE & DISTILLED WATER MFG. Co. V ANDERSON, La., 30 South. Rep. 272.

39. CHARITIES-Failure of Trust.-Where testator be. queathed money to trustees to establish a home for poor orphans, on petition of persons showing an incorporation for such purpose, held, that the trust fund would be given to such corporation.-IN RE STEVENS' ESTATE, Pa., 49 Atl. Rep. 985.

40. CHATTEL MORTGAGES- - Probating-Indexing.-A chattel mortgage for less than $100 need not be probated before indexing.-MILFORD V. AIKEN, S. Car., 39 S. E. Rep. 235.

41. CONFUSION OF GOODS-Liability of Vendor.Vendor's privilege on machinery put in sugar house held lost if he permits it to be sold confusedly with a mass of other things.-PAYNE V. BUFORD, La., 30 South. Rep. 263.

was

42. CONSPIRACY-Common Design-Proof.-It proper, after defining conspiracy, to charge that it is sufficient if the common design be shown by circumstantial evidence.-MUSSER V. STATE, Ind., 61 N. E. Rep. 1.

43. CONSPIRACY-Description.-It is sufficient to describe the crime of burglary by its name, where the offense charged is conspiracy to commit such crime.STATE V. SLUIZ, La., 36 South. Rep. 298.

44. CONSPIRACY - Instruction-Reasonable Doubt.Where accused was indicted jointly with another for murder, it was not necessary that the elements or facts constituting the crime of conspiracy should be proven beyond reasonable doubt.-MUSSER V. STATE, Ind., 61 N. E. Rep. 1.

45. CONSTITUTIONAL LAW-Death Penalty-Class Leg. islation.-Code, § 4859, providing that a convict sen. tenced to imprisonment for life who commits murder must suffer death, held not class legislation.-WILLIAMS V. STATE, Ala., 30 South. Rep. 336.

46. CONSTITUTIONAL LAW-Due Process of Law.-The

granting of a new trial for insufficiency of evidence without requiring the trial judge to first pass on that question or to sit with the court considering the same, does not deprive persons of property without due process of law. - GUNN v. UNION R. CO., R. I., 49 Atl. Rep. 999.

47. CONSTITUTIONAL LAW-Farm Labor Contracts.Prosecution for breach of farm labor contracts, held not to violate provision of constitution against imprisonment for debt.-STATE V. EASTERLIN, S. Car., 39 S. E. Rep. 250.

48. CONTEMPT-Affidavit Necessary. The commitment of petitioner for contempt, without an affidavit presenting the facts constituting the contempt to the court, held illegal.-IN RE COULTER, Wash., 65 Pac. Rep. 759.

49. CONTRACT-Mistake of Fact.- Where an error of fact was the principal cause for yielding consent to a certain contract, relief against it may be had.-CALHOUN V. TEAL, La., 30 South. Rep. 288.

50. CONTRIBUTION-Assignee of Mortgage.-Where an administrator pays and has assigned to him a mortgage owning by him and others to the estate, he may recover from such others their share with attorney's fees.-MORRISON V. WARNER, Pa., 49 Atl. Rep. 983.

51. CORPORATIONS-Foreign Corporations.-Foreign corporation held not liable on renewal notes made by a domestic corporation of a somewhat similar name given for debts contracted before the organization of the foreign corporation.- GINSBURG v. UNION CLOAK & SUIT Co., N. Y., 71 N. Y. Sup. 1080.

52. CORPORATIONS-Foreign Corporation-Authority. -Failure of foreign corporation to fille certificate au thorizing it to do business in the state does not invalidate its contracts made within the state. - NORTH MERCER NATURAL GAS CO. V. SMITH, Ind., 61 N. E. Rep.

10.

53. CORPORATIONS Inspection of Books.-That a stockholder demanding inspection of books is unfriendly with the officers, and owns stock in a rival corporation, held not ground for refusal.-COBB V. LAGARDE, Ala., 30 South. Rep. 326.

54. CORPORATIONS-Inspection of Books-Mandamus. President and generai manager of an industrial corporation held to have sufficient control over its books to authorize mandamns requiring him to allow stockholder to inspect them.-COBB V. LAGARDE, Ala., 30 South. Rep. 326.

55. CORPORATIONS-Lease-Dissenting Stockholder.Lease of corporate property on ground that it was necessary, as capital to run the business, can be set aside at suit of non assenting stockholder.-PARSONS V. TACOMA SMELTING & REFINING CO., Wash., 65 Pac. Rep. 765.

56. CORPORATIONS- License of Foreign Corporation. -License of foreign corporation to be paid city of New Orleans must be calculated on the business done in such city.-CITY OF NEW ORLEANS V. PENN MUT. LIFE INS. CO., La., 30 South. Hep. 254.

57. CORPORATIONS-Notice to President.-Notice to a bank president in an individual transaction held insufficient to charge the bank with notice.-SMITH V. CARMACK, Tenn., 64 S. W. Rep, 372.

58. CORPORATIONS - Voting Stock in Another Corporation. Though the articles of a corporatioa express a power to own stock in another corporation, such stock cannot be voted at stockholders' meetings.PARSONS V. T COMA SMELTING & REFINING CO., Wash., 65 Pac. Rep. 765.

59. COSTS-Attorney's Fees.-Fees allowed attorney representing tax collector, to be paid by unsuccessful tax register, are costs.-LIQUIDATING COM'RS OF NEW ORLEANS WAREHOUSE CO. v. MARRERO, La., 30 South. Rep. 305.

60. COURTS-Recess to Day Named.-Where judge orders that the court take a recess until a named day,

it is in lawful session when it assembles, though there is no order calling a special term.-COCHRAN V. STATE, Ga., 39 8. E. Rep. 332.

61 COURTS - Stenographers Fees. Reporter ap pointed to record the testimony on preliminary exam. ination held not entitled to fees for transcribing his notes where defendant was discharged.-MATTINGLY V. NICHOLS, Cal., 65 Pac. Rep. 748.

62. CRIMINAL EVIDENCE Acquittal of One Joint Criminal. Where two persons jointly indicted for murder are tried separately, the record of the acquit tal of one is not admissible in evidence on the trial of the other.-MUSSER V. STATE, Ind., 61 N. E. Rep. 1.

63. CRIMINAL EVIDENCE- Irrelevant Evidence. Where Irrelevant evidence has been introduced by the state, defendant may Introduce in rebuttal other evidence, though also irrelevant.-LONGMIRE V. STATE, Ala., 30 South Rep. 413.

64. CRIMINAL EVIDENCE-Non experts on Insanity.Opinions of non-experts as to insanity of accused held admissible only in connection with testimony as to the facts on which opinions are based.-STATE V. SMITH, La., 30 South Rep 248.

65. CRIMINAL EVIDENCE-Res Gestæ.-Appeal made by the deceased, who was killed in an altercation be tween defendant and her husband, to defendant, held admissible in prosecution of defendant for the kill ing, as res gestœ.-HALL V. STATE, Ala., 30 South. Rep.

Continuance

68. CRIMINAL TRIALDiscretion. Discretion of trial judge in denying a continuance will not be reviewed where the motion was apparently not made in good faith.-COCHRAN V. STATE, Ga., 39 S. E. Rep. 332.

69. CRIMINAL TRIAL-Remittitur.-Filing of a remittitur in the court below invests it with jurisdiction. -KNOX V. STATE, Ga., 39 S. E. Rep. 330.

70. DAMAGES-Excessive.-Where there was evidence that stock sold for 50 cents per share near the time the demand for it was made, a verdict for $5,000 damages for a failure to deliver 10,000 shares according to contract held not excessive.-SAUNDERS V. UNITED STATES MARBLE CO., Wash., 65 Pac. Rep. 782.

71. DAMAGES-Liquidating Damages.-An agreement to repay a certain sum on breach of a contract to inaintain a dike to protect land from tide water held to be a stipulation for liquidating damages.-JENNINGS V. MCCORMICK, Wash., 65 Pac. Rep. 764.

of an immovable, which negative such sale, connot be contradicted by parol. - WRIGHT-BLODGETT Co. v. ELMS, La., 30 South Rep. 311.

76. EASEMENTS-Drain Servitude.-Servitude of drain is established where it is located for more than 20 years under a written agreement.-SWAIN V. WEBRE, La., 30 South Rep. 331.

77. EASEMENTS-Prescription.-Prescription will not begin to run against a servitude until it is shown that from the time pleaded the servitude was not exer cised.-SWAIN V. WEBRE, La., 30 South. Rep. 331.

79. EJECTMENT - Subsequent Grantee. Where an alleyway was reserved by a deed in partition, a subsequent grantee can bring ejectment against the owner of adjoining lots out of which it was reserved.REMSON V. HYAMS, N. Y., 71 N. Y. Supp. 1002.

80. ELECTION-Conclusiveness.-Validity of election annexing certain district to a town cannot be questioned at a subsequent dispensary election.-HUNTER V. SENN, S. Car., 39 S. E. Rep. 235.

81. ELECTIONS Designating Precincts.-The fact that a council followed the wrong provision in desig. nating precincts for voting, held not to invalidate the election; such provision being merely directory.— PEOPLE V. CITY OF LOS ANGELES, Cal., 65 Pac. Rep. 749.

82. ELECTION - Liquor Tax-Inspectors.-That inspectors at a liquor tax election selected one of their number as poll clerk in violation of statute held not to render election void.-PEOPLE V. PIERSON, N. Y., 71 N. Y. Supp. 993.

83 ELECTION-Poll Lists Not Subscribed. That the poll lists in certain districts were not subscribed as required by statute did not render the election void.PEOPLE V. PIERSON, N. Y., 71 N. Y. Supp. 993.

84. ELECTIONS-Registration.-Statute did not provide for registration, as directed by the constitution, held not to render election invalid, where as a matter of fact the voters were registered.-HUNTER V. SENN, S. Car., 39 S. E. Rep. 235.

85. EMBEZZLEMENT-Instructions.-In a prosecution for embezzlement, an instruction that, to constitute larceny, there must be a felonious taking with intent to steal, was not prejudicial to defendant.- PEOPLE V. GORDON, Cal., 65 Pac. Rep. 746.

86. EMINENT DOMAIN-Public Purposes.-Evidence in proceedings to condemn land for water supply held to show that such land was in no way used for public purposes.-VILLAGE OF FULTONVILLE V. FONDA WATER. WORKS CO., N. Y., 71 N. Y. Supp. 1009.

87. EQUITY Enjolning - Foreclosure.-On bill by mortgagor to enjoin foreclosure of mortgage and for its cancellation, register's finding as to disputed ques. tion of usury is prima facie correct.-WARD V. BANK OF ABEVILLE, Ala., 30 South. Rep. 841.

88. ESTOPPEL-Illegitimacy.-In proceedings for the distribution of an estate, a daughter held estopped from raising the question of the illegitimacy of others claiming a share therein as children of the deceased. -SCOTT V. MATHEWS, Wash., 65 Pac. Rep. 756.

89. ESTOPPEL-Recitals in Will.-A married woman. making nuncupative will by public act held not es topped by recitals that certain community property Is the separate property of her husband.-SUCCESSION OF MULLER, La., 80 South. Sep. 329.

90. EVIDENCE-Marriage License.-Where a marriage license, bond, and certificate are introduced, a charge

91. EVIDENCE-Res Inter Alios Acta.-Proceedings res inter alois acta held not to prejudice rights of one not a party.-SWAIN V. WEBRE, La., 30 South. Rep. 331. 92. EVIDENCE - Vendor's Lien Priority.-Vendor, having lost his privilege, has no interest to contest the rank of other mortgage and privilege creditors on proceeds of sale on execution.-PAYNE v. Buford, La., 30 South. Rep. 263.

93. EVIDENCE-Written Contract-Parol.-A person in possession of writings from another which do not per se evidence a sale cannot eke out such writings by parol evidence.-WRIGHT-BLODGETT Co. v. ELMS, La., 30 South Rep. 311.

94. EVIDENCE-Written Contract-Parol Evidence.Where written contract does not show the entire transaction, parol evidence held admissible.-VIRGINIA-CAROLINA CHEMICAL Co. v. MOORE, S. Car., 39 S. E. Rep. 346.

95. EXECUTION-"Chilling the Biddin."-Evidence held to justify setting aside a sale on execution for chilling the bidding.-TOOLE V. JOHNSON, S. Car., 39 8. E. Rep. 254.

96. EXECUTION-Unlawful Seizure.-Seizing creditor held not at fault in assuming that a judgment debtor was still the owner of certain personaity, so as to render him liable to the vendee thereof for unlawful seizure.-LaBAT V. WALDMEIER, La., 30 South. Rep.

262.

97. EXECUTORS AND ADMINISTRATORS-Assignment of Claims. Where surety pay claim pending against estate of principal, he may take an assignment of the claim, and proceed in the name of the original claimant or in his own name. - HARMAN'S ESTATE V. HARMAN, Neb., 87 N. W. Rep. 177.

98. EXECUTORS AND ADMINISTRATORS Claims Judgment.-A judgment docketed against an intes. tate in his lifetime cannot be rejected, and referred under the statate.-IN RE BROWNE, N. Y., 71 N. Y. Supp. 1034.

99. EXECUTORS AND ADMINISTRATORS-Cost of Opsition.-Administrator will not be required to pay costs of opposition as to his entire account because it is sustained as to some of the items.-SUCCESSION OF CONERY, La., 30 South. Rep. 294.

100 FRAUD-Unsound Food.-To recover for fraud in the sale of unsound food, plaintiff must show knowledge of unsoundness by seller at the time of sale.- POAG V. CHARLOTTE OIL AND FERTILIZER Co., S. Car., 39 S. E. Rep. 345.

101. FRAUDULENT CONVEYANCES-Directing Verdict. -Directing verdict in favor of the purchasers, in an action to recover possession of the goods from attaching creditors of the vendor, held proper.-BERLIN V. VAN DE VANTER, Wash., 65 Pac. Rep. 756.

102. FRAUDULENT CONVEYANCES-Nominal Considera tion. A conveyance upon the nominal consideration of one dollar and an agreement for the support of the grantor for life held fraudulent as to creditors.SPIERS V. WHITESELL, Ind., 61 N. E. Rep. 28.

103. GAMING-Faro Game.-What is meant by a "banking house," within Rev. St. § 911, prohibiting the game of faro at such a place, held sufficiently defined. -STATE V. HUNTER, La., 30 South. Rep. 261.

104. HABEAS CORPUS-Contempt Proceedings.-The legality of an order committing petitioner for con. tempt in not applying certain money to the satisfaction of a judgment against him may be inquired into on petition for a writ of habeas corpus.-IN RE COULTER, Wash., 65 Pac. Rep. 759.

105. HIGHWAYS-Assessments-"Front-Foot" Rule.Act May 23, 1989, authorizing the assessment of cost of street paving on abutting property by front-foot rule, held not a taking of property without due process of law in the case of original paving.-CITY OF HARRISBURG V. MCPHERBAN, Pa., 49 Atl. Rep. 988.

106. HOMICIDE-Evidence-In a prosecution of a third person for the murder of a wife, evidence that the husband and wife did not live happily together was inadmissible.-HALL V. STATE, Ala., 30 South. Rep. 422.

107. HOMICIDE-Evidence-Stolen Money.-On prosecution for murder committed for purpose of robbery, held proper to admit evidence that a joint defendant had shortly thereafter money of the kind and denomi nation stolen. -MUSSER V. STATE, Ind., 61 N. E. Rep. 1 108. HOMESTEAD-Right of Alienation.-A wife may not alien her homestead interest, though her husband has abandoned her.-COUCH V. CAPITOL BUILDING AND LOAN ASSN., Tenn. 64 S. W. Rep. 340.

109. HOMESTEAD-Sale and Right of Redemption.Under Const. 1879, conveyance of homestead in form of sale. with right of redemption, to secure a debt, will be set aside.-MAXWELL V. ROACH, La., 30 South. Rep. 251.

110. HUSBAND AND WIFE-Community Property.In establishing assets of community after deduction of debts, only debts of the community, and not debts secured by special mortgage are to be deducted.SCOVILL V. LEVY'S HEIRS, La., 30 South. Rep. 322.

111. HUSBAND AND WIFE-Community Property.Property purchased by husband is community prop. erty, unless husband manifests an intention to acquire it on his own account.-SUCCESSION OF MULLER, La., 30 South. Rep. 329.

112. HUSBAND AND WIFE-Separation Agreement.Question whether agreement of separation executed by a husband and wife was a bar to proceeding for support held not reviewable.-COMMONWEALTH V. SMITH, Pa., 49 Atl. Rep. 981.

113. INDICTMENT AND INFORMATION - Sufficiency.An indictment is not defective by an insertion therein, in addition to the words of the statute, of the words "unlawfully" and "feloniously."- STATE V. JACKSON, La., 30 South. Rep. 309.

114. INFANTS-Consent Decree.-There can be no con. sent decree ordering partition by licitation where a minor is concerned.-MACKIN V. WILDS, La., 30 South. Rep. 257.

115. INFANTS-Vacating Judgment.-Proceedings by a minor to vacate a judgment erroneously taken against him should be the same as in ordinary action. -MORRISON V. MORRISON, Wash., 65 Pac. Rep. 779.

116. INJUNCTION-Attorney's Fees as Damages.Whether the defendant in injunction suit can recover on the bond his attorney's fees as damages, and, if so, how much, is to be determined by the facts of each case.-ELMS v. WRIGHT-BLODGETT CO., La., 30 South. Rep. 315.

117. INJUNCTION-Conjectural Profits.-Defendant in action on injunction bond cannot recover conjectural profits as damages.-ELM V. WRIGHT-BLODGETT CO., La., 30 South. Rep. 315.

118. INJUNCTION Dissolving-Notice.- Under Code Civ. Proc. § 532, a court has no power to dissolve an injunction granted without notice, without first giv. ing notice to the plaintiff.-PAGE V. VAUGHN, Cal., 65 Pac. Rep. 740.

119. INSURANCE-Mortgaged Property -In an action on an insurance policy, held, that the mortgagee of the property was the insured, and the policy was not invalidated by transfer by the mortgagor.-BOYD V. THURINGIA INS. CO. OF ERFURT, GERMANY, Wash., 65 Pac. Rep. 785.

120. INSURANCE-Trust-Assignee.-A policy cover. ing property held in trust for others is sufficient to put an assignee on inquiry as to what other persons were interested therein.-SMITH V. CARMACK, Tenn., 64 S. W. Rep. 372.

121. INTOXICATING LIQUORS-Election.-Members of town council, signing petition for election under dis. pensary law, held not thereby disqualified from de.

termining whether petition was properly signed.HUNTER V. SENN, S. Car., 39 S. E. Rep. 234.

122. INTOXICATING LIQUOR8-Liquor Tax Compelling Payment. Under statute payment of liquor license tax to township treasurer by county treasurer may be compelled, though the latter bas paid such sum to the township supervisors.- KRZYKWA V. KRONINGER, Pa., 49 Atl. Rep. 979.

123. INTOXICATING LIQUORS-Refunding License Fees. -An amendment to prohibition aw providing for refunding the amount paid on licenses, held unconsti tutional, in so far as it seeks to refund the licenses.STATE V. DAVIS, Ala., 30 South. Rep. 344.

124. INTOXICATING LIQUORS — Selling Cider. It is competent to prove that defendant had sold witness cider which made him "foolish."-STATE V. ROBINSON, S. Car., 39 S. E. Rep. 247.

125. JUDGES-D squalification.-A judge is not disqualified from trying an indictment because he held a court of inquiry and bound the prisoner,over.-COCHRAN V. STATE, Ga., 39 S. E. Rep. 337.

126. JUDGMENT-Finding of Jury- Inconsistent Decree. A finding of a jury in an equitable action, which is not mentioned in the decree, and is inconsistent with the decree as entered, held not to create an estoppel as to such question in a subsequent action.GLIDDEN V. WHIPPLE, R. I., 49 Atl. Rep. 997.

127. JUDGMENT- Order Nunc Pro Tunc.-The court, after decree of divorce setting aside part of the bus. band realty "for the use and beneft" of the wife, cannot amend it two years later by a nunc pro tunc order vesting a fee in the divorced wife.-HOOVER V. HOOVER, Oreg., 65 Pac. Rep. 796.

128. JUDGMENT-Relief.-Under a prayer for general and special relief, held competent to render judgment for plaintiff for the value of the movable property which was the matter at issue.-INDEPENDENT ICE & DISTILLED WATER MFG. CO. v. ANDERSON, La., 80 South. Rep 270.

129. JUDGMENT-Satisfaction.-Satisfaction by gran. tee of mortgaged land of deficiency judgment on mortgage assumed by him held not a compromise of joint obligation.-IN RE BROWNE, N. Y., 71 N. Y. Supp.

1034.

130. JURIES-Affidavit of Juror.-Statements in the affi lavit of a juror as to remarks made in the jury room will be presumed to be true in the absence of a denial thereof.-STATE V. PARKER, Wash., 65 Pac. Rep. 776.

131. JURY - Initials of Jurymen. - That the initials and not the Christian names of jurors were written on slips prepared, held not ground for quashing the venire in a criminal case.- HALL V. STATE, Ala., 30 South. Rep. 422.

132. JURY-Quash Venire.-Motion to quash the venire, after the jury in a criminal case has been organ. ized and the state's case is ended, is too late.-LONG MIRE V. STATE, Ala., 30 South. Rep. 413.

133. JURY-Relationship - Disqualification.-Act of judge in setting aside jurors because disqualified by relationship, in a criminal case, within the sixth degree, held not erroneous, under Rev. St. § 2403.-STATE V. BROCK, S. Car 39 S. E. Rep. 359.

134. JURY-Trial by Jury-Right to Waive.-A person indicted for crime punishable at hard labor, who pleads not guilty, cannot waive trial by jury.-STATE V. JACKSON, La., 30 South. Rep. 309.

135. JUSTICES OF THE PEACE-Judgment at Subsequent Term.-A justice of the peace may take the case under advisement at the close of the trial, and a judg. ment rendered several months thereafter is valid.AMERICAN TYPE-FOUNDERS Co. v. JUSTICE'S COURT OF SAULSALITO TP., Cal., 65 Pac. Rep. 742.

136. JUSTICES OF THE PEACE-Jurisdiction.-Juris. diction of magistrate in Greenville county held to extend throughout the entire county.-BAKER V. IR. VINE, S. Car., 39 S. E. Rep. 252.

137. LANDLORD AND TENANT-Reasonable Rental.

Where there was no express rental contract, defendant was liable for the reasonable rental value of the land.-ROBBINS V. Voss, Tex., 64 S. W. Rep. 813.

138. LARCENY Stolen Property - Presumption. — Where, in a prosecution for theft, the court gives a general charge on circumstantial evidence it is not error to refuse to instruct on presumption arising from possession of stolen property.-STATE V. HARRAS, Wash., 65 Pac. Rep. 774.

139. LIBEL AND SLANDER - Truth as Mitigation.An instruction that the truth could be received in a prosecution for libel only as a mitigation held error.STATE V. BROCK, S. Car., 39 S. E. Rep. 359.

140. LICENSES-Legality.-Legality and constitution ality of license held not involved in a suit as to whether return of year's business was too small.— STATE V. PUTNAM, La., 30 South. Rep. 285.

141. LIENS-Accountant-Lien.-An accountant em ployed to examine books at request of owner has no lien thereon for his services.-SCOTT SHOE MACHINERY CO. V. BROAKER, N. Y., 71 N. Y. Supp. 1023.

142. LIMITATION OF ACTIONS - Setting Aside for Fraud.-Right of action to set aside sale under execu tion for fraud held to accrue from time of discovery of the fraud.-TOOLE V. JOHNSON, S. Car., 29 S. E. Rep. 254.

143. LIMITATION OF ACTIONS-Trusts.-Action to establish trust in land held not barred by limitations, the trustee not having repudiated the trust.-MORGAN V. TURNER, N. Y., 71 N. Y. Supp. 996.

144. MANDAMUS Payment of Warrants.-Mandamus will not lie to compel the payment of a warrant for recording grants for which no appropriation has been made.-STATE V. CRAIG, Tenn., 39 S. W. Rep. 326.

145. MARRIAGE-Capacity.-Where minds of parties capable of entering into such contract meet in a common consent, there is a valid marriage.-UNIVERSITY OF MICHIGAN V. MCGUCKIN, Neb., 87 N. W. Rep. 180. 146. MASTER AND SERVANT-Contributory Negligence of Servant.-Where workmen employed in loading a ship had used the rigging in ascending to the wharf, a workman placing his weight on a ratline held not guilty of contributory negligence.-MCDONALD V. SVENSON, Wash, 65 Pac. Rep. 789.

147. MASTER AND SERVANT Labor Contracts.-In prosecution for violation of verbal labor contract, either party may testify as to its terms.-STATE V. EASTERLIN, S. Car., 89 S. E. Rep., 250.

148. MASTER AND SERVANT - Making Known Dangers.-Danger of an employment snould be pointed out, and an employee cautioned, in order that he may assume the risks.-DALY V. KIEL, La., 30 South. Rep. 254.

149. MASTER AND SERVANT-Safe Appliances.-An employer, under Laws 1897, ch. 415, § 18, must not only furnish a safe scaffold, but maintain it in that condition.-HEALY V. BURKE, N. Y., 71 N. Y. Supp. 1027.

150. MORTGAGES-Cancellation-On bill by mortgagor to cancel mortgage transferred by mortgagee the transferee is a necessary party.-MARSHALL ▼. SHIFF, Ala., 30 South. Rep. 335.

151. MORTGAGE - Foreclosure. Purchaser at foreclosure of an assessment on mortgaged property held accountable to the mortgagee for only the rents and profits received, and a fair rental value of that portion occupied by him.-KRUTZ V. GARDNER, Wash., 65 Pac. Rep. 771.

152. MORTGAGES-Recorder-Cancellation.-Recorder of mortgages can compel parties to resort to the courts to determine whether mortgage should be canceled.-SUCCESSION OF VIARD, La., 30 South. Rep. 246. 153. MORTGAGES-Right of Redemption.-Where a mortgagee purchased at his own sale without authority, two years is a reasonable time within which the mortgagor or his privies must elect to disaffirm and redeem.-ELROD V. SMITH, Ala., 30 South. Rep. 420.

154. MUNICIPAL CORPORATIONS - Assessments for Sewer Construction. In the construction of trunk sewers, the assessment is to be made at the same time with that on property presently benefited, but the lien does not come into existence until the connecting sewer is built.-SEAMEN v. CITY OF CAMDEN, N. J., 49 Atl. Rep. 977.

155. MUNICIPAL CORPORATIONS - Concealed Weapons-Prohibition.-A city held to have authority to pass ordinance prohibiting the carrying of concealed weapons within the city.-CITY COUNCIL OF ABBEVILLE V. LEOPARD, S. Car., 39 S. E. Rep. 248.

156. MUNICIPAL CORPORATIONS-Constructing Sewer. -In action by a city to recover for expenses in constructing a sewer, affidavit of defense held to show a good defense.-CITY OF SCRANTON V. LEVERS, Pa., 49 Atl. Rep. 980.

157. MUNICIPAL CORPORATIONS - Ice on Sidewalk.Where the evidence would justify finding that a fail on a sidewalk was caused either by ice or by defects in the walk, the question of the city's liability is for the jury.-ZIEGLER V. CITY OF SPOKANE, Wash., 65 Pac. Rep. 752.

158. MUNICIPAL CORPORATIONS-Original Paving.Question whether a paving is an original one, so as to render abutting property liable for the cost thereof, held for the court.-CITY OF HARRISBURG V. FUNK, Pa., 49 Atl. Rep. 992.

159. MUNICIPAL CORPORATIONS-Public ContractorLiability.-Contractor for public improvement held not liable for consequential damages to an individual because of the use of a portion of the street in front of his hotel, where no negligence is shown.-BATES V. HOLBROOK, N. Y., 71 N. Y. Supp. 1013.

for

160. MUNICIPAL CORPORATIONS — Tax Levied Light. Where a tax is levied to meet the expense of a contract by a city for water and light, so far as it has been paid, the city is bound to remit to the plaintiff furnishing such water and light.- LAKE CHARLES ICE, LIGHT & WATERWORKS V. CITY OF LAKE CHARLES, La., 30 South. Rep. 280.

161. OFFICE AND OFFICERS-Action Against Treas urer-Plaintiff.-Action against city treasurer on his bond should be brought in the name of the person ag. grieved, and not in the name of the city for his use.SOMERVILLE V. WOOD, Ala., 30 South. Rep. 280.

162. PARTITION-Fees of Solicitors.-Under a bill in partition, where a sale is made, the solicitors for com. plainant are not entitled to fees out of the funds arising therefrom.-JORDAN V. FARROW, Ala., 30 South. Rep. 338.

163. PARTITION-Legatees.-Petition by legatees in disregard of injunction of testator held valid.-RAPIER v. O'DONNELL, La., 80 South. Rep. 256.

165. PARTITION - Order of Sale-Indivisibility.-A judge cannot order the sale at auction to effect parti. tion without proof that the property is indivisible.— MACKIN V. WILDS, La., 30 South. Rep. 257.

166. PARTITION-Private Sale.-In partition by pri vate sales, llens of parties are transferred to the proceeds.-SUCCESSION OF VIARD, La., 30 South. Rep. 246. 167. PLEADING-Amendment.-Where plaintiff sues to foreclose in her individual capacity, an amendment asking for relief as trustee held properly disallowed. LAPIERRE V. WEBB, Ga., 39 S. E. Rep. 844.

168. PLEDGES-Director Holding Collateral of Bank. -Where the cashier of a bank to secure his private debt pledges to a director collaterals of the bank, such director cannot hold the collaterals.-MAJOR V. STONE'S RIVER NAT. BANK, Tenn., 64 S. W. Rep. 352.

169. PRINCIPAL AND AGENT-Authority to Collect.One who makes payment to a second person, not the owner of a note or in possession of it, assumes the burden of proving that such person was authorized to collect.-GILBERT V. GARBER, Neb., 87 N. W. Rep. 179.

170. PRINCIPAL AND AGENT- Collecting AgentPowers. Power of collecting agent held limited to receiving that which the law declares to be a legal tender, or which, by common consent, is treated as money.- GILBERT V. GARBER, Neb., 87 N. W. Rep. 179. 171. PRINCIPAL AND AGENT-Failure of PrincipalTerminating Agency.-An agent cannot terminate his agency, and become employee of a third person to the contract, because of the failure of his principal.— MEANS V. Ross, La., 30 South. Rep. 300.

172. PUBLIC LANDS-Patent-Invalid on Face.- bere a patent of land sold to the state was valid on its face, its invalidity could not be established by evidence outside of it.-MORGAN V. TURNER, N. Y., 71 N. Y. Supp. 996.

178. QUO WARRANTO-Sufficiency.-The state in quo warranto proceedings against a city, held to stand or fall on the sufficiency of facts alleged in the com. plaint.-PEOPLE V. LOS ANGELES, Cal., 65 Pac. Rep.

749.

174. RAILROADS - Action for Recklessness.-Where action charges defendant with doing an act wilfully, wantonly, and recklessly, plaintiff cannot recover on showing ordinary negligence of defendant.-PROCTOR V. SOUTHERN RY. Co., 8. Car., 39 S. E. Rep. 351.

175. RAILROADS-Intersection-Rights of Trains.Where a train has obtained a right of way over a railroad intersection, it is negligence for engineer on train on other road to attempt to make crossing in front of approaching train.-DAVIS v. HOUSTON & S. RY. Co., La., 30 South. Rep. 250.

176. RAILROADS-Liability for Leased Road.-A rail. road corporation organized to manage a railroad held liable to one injured thereon, though the road had not been transferred to the corporation.-SAN JACINTO & S. RY. Co. v. MCLIN, Tex., 64 S. W. Rep. 314.

177. RAILROADS-Reckless Speed.-A railroad com. pany running trains recklessly fast through city held liable, though there was no statute or ordinance regulating the speed.-SUNDMAKER V. YAZOO & M. V. R. Co., La., 30 South. Rep. 285.

178. RECEIVERS-Sale of Business.-Goods ordered by receiver of a mercantile business as a going concern, but not paid for, held not included in a sale of the business by receiver.-CHARTER OAK STOVE & RANGE Co. v. RICE, La., 30 South. Rep. 321.

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181. SEQUESTRATION - Consignee. Consignee of goods can sustain sequestration against the master of the carrier for their recovery.-Sonia Cotton OIL CO. V. THE RED RIVER, La., 30 South. Rep. 303.

182. SET-OFF AND COUNTERCLAIM-Independent Con tract.-Defendant in action on written contract may show an independent agreement entered into at the same time by parol.-VIRGINIA-CAROLINA CHEMICAL Co. v. MOORE, S. Car., 39 8. E. Rep. 346.

183. SLAVES - Legitimation.-In ejectment, where plaintiffs claim as children of former slaves, a charge held proper that if the mother of plaintiffs died not earlier than the day of the passage of the ordinance legitimating the children of slaves, they must find for plaintiffs.-WOODS V. MOTEN, Ala., 30 South. Rep. 324.