to decrees in equity or admiralty, and the one may not be substituted for the other.-Loveless v. Ransom, U. S. C. O. of App., Seventh Circuit, 109 Fed. Rep. 891.

10. ATTACHMENT-Attachment Bond.-On application for increase of bond in attachment, the question to be determined is whether the action must be tried in order to obtain dissolution of attachment.-Ives v. Ellis, N. Y., 71 N. Y. Supp. 971.

11. ATTACHMENT - Attorney's Fees. Under the Florida statutes and decisions, reasonable attorney's fees incurred by a defendant in obtaining the dissolu. tion of an attachment are recoverable as an element of damages in an action on the attachment bond.-L. Bucki & Son Lumber Co. v. Fidelity & Deposit Co. of Maryland, U. S. C. C. of App., Fifth Circuit, 109 Fed. Rep. 393.

12. ATTORNEY AND ÜLIENT-Fees.-Attorney held not entitled to recover more than the amount fixed by a contract for fees.-Reynolds v. Sorosis Fruit Co., Cal., 66 Pac. Rep. 21.

13. BANKRUPTCY-Adjustment of Liens.-A court of bankruptcy will not undertake to determine or adjust liens upon property of the bankrupt, unless it appears that the trustee has at least a probable interest in it for the creditors.-In re Gibbs, U. S. D. C., D. (Vt.), 109 Fed. Rep. 627.

14. BANKRUPTCY-Alimony.- Discharge of bankrupt held not to affect his liability to pay alimony.-Young V. Young, N. Y., 71 N. Y. Supp. 944.

15 BANKRUPTCY-Breach of Promise Judgment.Judgment for breach of marriage promise held not canceled by a discharge in bankruptcy.-Disler v. McCauley, N. Y., 71,N. Y. Supp. 949.

16. BANKRUPTCY-Breach of Promise Judgment.-A claim for breach of promise of marriage, reduced to judgment before a bankrupt's discharge, may be proved against his estate in bankruptcy.- In re Fife, U. 8. D. C., W. D (Pa.), 109 Fed. Rep. 880.

17. BANKRUPTCY-Compensation of Trustee.-A court of bankruptcy is without anthority to allow compen. sation to a trustee in excess of that fixed by Bankr. Act 1898, § 48a.- In re Epstein, U. S. D. C., W. D. (Ark.), 109 Fed. Rep. 878.

18. BANKRUPTCY-Conditional Sales to BankruptTitle in Trustee.-Conditional sales of merchandise by which the seller retained title, the trustee became subrogated to the rights of the creditors as to such property, and took title thereto free from the claim of the seller under his contract. In re Howland, U. S. D. C., N. D. (N. Y.), 109 Fed. Rep. 869.

19. BANKRUPTCY-Corporations - Voluntary Bankruptcy. - A coal mining corporation cannot be adjudged an involuntary bankrupt.-In re Keystone Coal Co., U. S. D. C., W. D. (Pa.), 109 Fed. Rep. 872.

20. BANKRUPTCY-Discharge-False Bookkeeping.The fraud of one partner in so keeping firm books as to conceal withdrawals of money by himself from his co partner, cannot be imputed to the innocent partDer to defeat his right to a discharge.- In re Schultz, U. 8. D. C., S. D. (N. Y.), 109 Fed. Rep. 264.

21. BANKRUPTCY-Discharge-False Oath. -A voluntary bankrupt held not entitled to a discharge, where be made a false oath to his schedule.-In re Gammon, U. 8. D. C., N. D. (Iowa), 109 Fed. Rep. 312.

24. BANKRUPTCY-Garnishment Within Four Months. -Under Bankr. Act 1898, § 67f, a debtor of the bankrupt, garnished within four months in a state court, may be permitted to pay the money into the district court and obtain such order for his protection as may be neces sary. In re McCartney, U. S. D. C., E. D. (Wis.), 109 Fed. Rep. 621.

25. BANKRUPTCY- Inaccurate Bookkeeping.-That bankrupt's books were not kept with reference to showing his financial condition held no bar to his discharge. In re Lafleche, U. S. D. C., D. (Vt.), 109 Fed. Rep. 807.

26. BANKRUPTCY-Interlocutory Orders.-An interlocutory order entered by a court of bankruptcy, re. versing a ruling of the referee, made during the ex. amination of the bankrupt, refusing to require him to produce his books, is not appealable.-Goodman v. Brenner, U. S. C. O. of App., Fifth Circuit, 109 Fed. Rep. 481.

27. BANKRUPTCY-Judgment for Criminal Conversa. tion. A judgment for criminal conversation held not vacated by discharge in bankruptcy. - Colwell Tinker, N. Y., 71 N. Y. Supp. 952.

V.

28. BANKRUPTCY-Margins as Probable Claim.-One who put up margins to a broker on purchases of mar. ketable commodities for future delivery cannot prove his claim therefor against the estate of the broker in bankruptcy, where there is no evidence to show the result of the transactions or that any returns were received by the bankrupt therefrom. In re Knott, U. s. D. C., D. (Vt.), 109 Fed. Rep. 626.

29. BANKRUPTCY-Reference-Mortgage to Firm.— Mortgage given by a firm held not affected by bank. runtcy proceedings against one partner alone. - In re Sanderlin, U. 8. D. C., E. D. (N. Car.), 109 Fed. Rep.

857.

30. BANKRUPTCY-Place of Business.-The principal place of business of a corporation engaged principally in manufacturing, to determine the district in which it may be adjudged bankrupt, is the place where its manufacturing plant is located. In re Elmira Steel Co., U. S. D. C., N. D. (N. Y.), 109 Fed. Rep. 456.

31. BANKRUPTCY - Preference Return. Where a creditor of a bankrupt has received a payment from the estate after the date when all the parties owing the same were insolvent, he must repay the amount If he wishes to further share in the proceeds of the bankrupt estate. In re Keller, U. S. D. C., N. d. (Iowa) 109 Fed. Rep. 306.

32. BANKRUP CY-Preferences-Securities Taken as Collateral.-Mortgages taken by bank from insolv. ent merchant to secure money then loaned held not avoided by the bankruptcy of the borrower within four months thereafter.-In re Davidson, U. S. D. C., S. D. (Iowa), 109 Fed. Eep 882.

33. BANKRUPTCY-Priority of Jurisdiction.-As between courts in different districts, in each of which a petition in involuntary bankruptcy has been filled against a corporation, and either of which would have jurisdiction, priority of jurisdiction is determined by the date of the filing of the petitions, and not by the date of adjudication.-In re Elmira Steel Co., U. S. D. C., N. D. (N. Y.), 109 Fed. Rep. 456.

34. BANKRUPTCY-Sufficient Residence.-A bankrupt, who was never in North Carolina, except to board

United Workmen is not controlled by the insurance laws of the state.-Marshall v. Grand Lodge A. O. U. W. of California, Cal., 66 Pac. Rep. 25.

87. BENEFIT SOCIETIES-Membership-Eligibility.Director in a brewing company held not ineligible to membership in a fraternal association.-People v. Supreme Tent of the Maccabees of the World, N. Y., 71 N. Y. Supp. 960.

38. BENEFIT SOCIETIES-Suspension.-The non-pay. ment of assessments in a beneficial society will operate to suspend a member from participation in the beneficiary fund where the laws of the order so provide.-Marshall v. Grand Lodge A. O. U. W. of Callfornia, Cal., 66 Pac. Rep. 25.

89. BILLS And Notes-Bona Fide Purchaser.-Bona fide purchaser of negotiable paper held not bound by facts which might put a very cautious man on inquiry. -Ketcham v. Govin, N. Y., 71 N. Y. Supp. 991.

40. BROKERS-Commission.-Real-estate agent find. Ing responsible purchaser accepted by principal, held entitled to his commission.- Miller v. Barth, N. Y., 71 N. Y. Supp. 989.

41. CARRIERS-Prorating Supply of Cars.-It is the duty of a railroad company, when supply of coal cars is short, to prorate the supply on hand, without unjust discrimination.- United States v. Norfolk & W. Ry. Co., U. S. C. C., D.(W. Va.), 109 Fed. Rep. 881.

42. CHATTEL MORTGAGES Recording.-Under the Ohio statute the withholding of a chattel mortgage from record does not estop the mortgagee from enforcing the same after it has been filled. In re Schmitt, U. 8. D. C., N. D. (Ohio), 109 Fed. Rep. 267.

48. COLLISON-Negligent Speed.-Evidence held insufficient to sustain libel that the sinking of a canal boat at a dock by the force of the swell from a passing steamer was due to the negligent speed of the latter.The New York, U. 8. D. C., N. D. (N. Y.), 109 Fed. Rep. 909.

44. COLLISION-Rate of Demurrage.-In a suit for collision, where the injured vessel was delayed for repairs, the provision of her charter fixing the rate of demurrage is competent evidence of her actual damages by reason of such delay, and although it may not be conclusive, makes out a prima facie case in the absence of other proof.-The Columbia, U. 8. C. C. of App., Ninth Circuit, 169 Fed. Rep. 660.

45. COLLISION-Tug and Tow-Warning of Danger.A ship in tow cannot hold the tug responsible for her own failure to follow the tug's course, nor because it failed to warn her when she sheered, where the dan ger was as apparent to one as to the other.-The Col. umbia, U. 8. C. C. of App., Ninth Circuit, 109 Fed. Rep. 660.

46. CONSTITUTIONAL LAW-Local Statutes.-The act of the legislature of March 22, 1901, entitled "An act to establish an excise department in cities of the first class," is not unconstitutional as a private, local or special law.-McArdle v. City of Jersey City, N. J., 49 Atl. Rep. 1018.

47. CONTEMPT-Alimony-Refusal to Pay.-It is no defense, on a motion for contempt in refusing to pay alimony, that respondent has no money.-Young v. Young, N. Y., 71 N. Y. Supp. 944.

48. CONTRACTS-Construction.-The situation of the parties to a contract when it is made, and its subjectmatter and purpose, are material to determine the intention of the parties and the meaning of the terms they used, and when these are ascertained they must prevail over the dry words of the stipulations.-Fux v. Tyler, U. 8. C. C. of App., Eighth Circuit, 109 Fed. Rep. 258.

49. CONTRACTS-Illegal Consideration.-A contract whose consideration is not illegal may be enforced, though it may incidentally aid one in violating the law.-Hanover Nat. Bank v. First Nat. Bank, U. S. C. C. of App., Eighth Circuit, 109 Fed. Rep. 421.

50. CONTRACTS-Rescission.-A party cannot rescind

a contract unless he restores what he had received under it.-Brady v. Edwards, N. Y., 71 N. Y. Supp. 972.

51. CORPORATIONS-Charter-Construction.-Charter of corporation organized to publish a journal connected with the interest of the jewelry trade held authorized to publish a directory of such trade.-Jewelers' Circular Pub. Co. v. Jacobs, U. S. C. C., D (N. J.), 109 Fed. Rep. 509.

52. CORPORATIONS—Director's Contract-Voldable.In order to avoid a contract which is merely voidable, made by a director with his corporation, some injury must be shown.-Copsey v. Sacramento Bank, Cal., 66 Pac. Rep. 7.

53. CORPORATIONS-Pleading.-In an action against the directors of an incorporated ball club to recover a debt of the corporation, plaintiff need not allege that defendant is not a political corporation.-Acker, Merrall & Condit v. Richards, N. Y., 71 N. Y. Supp. 929.

54. COSTS-Poor Person-Recover in Suit.-A plaintiff who brings an action in forma pauperis under the statute and recovers, but without costs, is not entitled to withdraw the money paid in satisfaction of the judgment from the registry of the court until he pays the clerk's fees properly taxed against him.-Davis v. Adams, U. S. D. C., N. D. (Cal.), 109 Fed Rep. 271. 55. COSTS Two Defendants - Recovery. - Where plaintiff fails to recover against one of two defendants, he cannot recover costs against both.-Benson v. Braun, Cal., 66 Pac. Rep. 1.

56. COSTS-Verdict of Jury-Separate Proceeding.The return and verdict of the jury in a criminal case is a separate proceeding which the clerk is entitled to record and to charge for as such.-Marsh v. United States, U. 8. D. C., N. D. (Fla.), 109 Fed. Rep. 286.

57. COURTS-Decisions-Reasons.-On rendering de cision in equity for plaintiff, the court is not compelled to state reasons why defenses in the answer were not sustained, nor write an opinion.—Brady v. Edwards, N. Y., 71 N. Y. Supp., 972.

58. DAMAGES-Lowering Water.-Measure of damages for injury to land by lowering water level by pumping system of city he'd the difference in value with and without such water.-Reifert v. City of New York, N. Y., 71 N. Y. Supp. 965.

59. DEATH - Presumption.-Evidence held to create presumption of death after the lapse of seven years.— Morrow v. McMahon, N. Y., 71 N. Y. Supp. 961.

66. DEATH-Right of Action Under Foreign Statute.A cause of action founded on a statute of one state, conferring a right of action to recover damages for wrongful death, may be enforced in a court of the United States, sitting in another state, when it is not inconsistent with the statutes or public policy of the state in which the action is brought.-Burrell v. Flem. ing, U. S. C. C. of ¡App., Fifth Circuit, 109 Fed. Rep.

489.

61. DEEDS-School Purposes-Abandonment.-Where land is conveyed for school purposes only, on the abandonment of the land for such use all rights thereto revert to the grantor.-Papst v. Hamilton, Cal., 66 Pac. Rep. 10.

62. DISCOVERY-Producing Books.-Direction to defendant to produce books in order that plaintiff may prepare his complaint held erroneous.-Clark v. Ennis, N. Y., 71 N. Y. Supp. 943.

63. DISCOVERY Producing Document - Order of Court.-A defendant cannot be held in default for a failure to produce documents until after the court has made an order for such production on due notice, which has been disobeyed.-Owyhee Land & Irrigation Co. v. Tautphaus, U. S. C. C. of App., Ninth Circuit, 109 Fed. Rep. 547.

64. DIVORCE-Vacating Judgment.-Mɔtion to vacate judgment in divorce after death of plaintiff held too late.-Groh v. Groh, N. Y., 71 N. Y. Supp. 985.

65. EASEMENTS - Prescription.-To maintain an ease ment by prescription to pass over the lot of another

the user must be by claim of right, of which the owner has notice.-Clarke v. Clarke, Cal., 66 Pac. Rep. 10.

66. ELECTIONS-Officers.-The members of the excise board by the act of the legislature are officers.-McArdle v. City of Jersey City, N. J., 49 Atl. Rep. 1013.

67. EMINENT DOMAIN-Condemnation Ordinance.The passage of a condemnation ordinance by a city, declaring its election to take certain land for public use under the eminent domain statutes of the state, amounts to a present appropriation of such land, and entitles the owner to institute proceedings to recover compensation therefor.-In re Delafield, U. S. C. C., W. D. (Pa.), 109 Fed. Rep. 577.

69. EMINENT DOMAIN-Damages Assessment.-In condemnation proceedings, assessment of fee damages must be of the date of the award.-Manhattan Ry. Co. v. Comstock, N. Y., 71 N. Y. Supp. 941.

69. EQUITY-Bill of Review.-A federal court of equity cannot entertain a petition in the nature of a bill of review, not filed until after the time has expired for taking an appeal from the decree sought to be re. viewed.-Halstead v. Forest Hill Co., U. s. C. C., D. (W. Va.), 109 Fed. Rep. 820.

70. EQUITY-Master's Findings-Presumptions.-Findings of fact by a master are supported by a strong presumption of correctness, and will not be set aside or modified, in the absence of clear evidence of mistake or error.-Columbus, 8. & H. R. Co. Appeals, U. S. C. C. of App., Sixth Circuit, 109 Fed. Rep. 177.

71. EQUITY-Opening Decree.-A motion to open a decree must not only be filled, but entertained or brought to the attention of the court, as shown by its records, during the term at which the decree was entered; otherwise, the court has no power to grant it at a subsequent term.-Graham v. Swayne, U. S. C. C. of App, Fifth Circuit, 109 Fed. Rep. 366.

72. EQUITY-Service of Process.-A bill will not be dismissed for lack of a party, who was made a defendant but has not been served, until complainant has had a reasonable time to obtain service; and he will be allowed longer than six months where such defend. ant resides in another state.-Blanchard v. Bigelow, U. S. C. C., E. D. (Pa.), 109 Fed. Rep. 275.

73. ESTOPPEL-Acquiescence.-Acquiescence of ripa. rian owner to pollution of stream by a sewer held not to estop him from objecting to an increase of such use. -Gale v. City of Syracuse, N. Y., 71 N. Y. Supp. 986.

74. ESTOPPEL-In Pals-Silence.-An estoppel in pais does not arise from the conduct of silence of one party to a transaction, where the other party was not mis. led and suffered no injury therefrom.-Columbus, S. & H R. Co. Appeals, Sixth Circuit, 109 Fed. Rep. 177.

75. EVIDENCE-Municipal Documents.-Where documen's connected with street aseessments are introduced in evidence, the burden is on defendant to show invalidity or irregularity.-San Francisco Pav. Co. v. Bates, Cal., 66 Pac. Rep. 2.

76. EVIDENCE-Private Memorandum Book.-Entries in deceased's private memorandum book of moneys paid to plaintiff are not admissible against him.Thompson v. Ruiz, Cal., 66 Pac. Rep. 24.

77. EVIDENCE-Written Contract-Parol Identification. Where a contract is to furnish peaches from sundry orchards, parol evidence is admissible to identify the orchards referred to.-Ontario Deciduous Fruit Growers' Assn. v. Cutting Fruit-Packing Co., Cal., 66 Pac. Rep. 28.

78. EXECUTION-Executrix.-Executrix of deceased partner may join in application to issue execution on judgment in favor of the firm.-In re Armstrong, N. Y., 71 N. Y. Supp. 951.

79. EXECUTORS AND ADMINISTRATORS-Absent HeirsAppointment of Attorney.-The court cannot appoint an attorney to represent absent heirs in the settlement of an estate, except where such heirs have failed to employ their own attorney.-In re Lux's Estate, Cal., 66 Pac. Rep. 30.

80. EXECUTORS AND ADMINISTRATORS-Partial Distri bution. An administrator has no authority to petition for a partial distribution of the estate, and a decree on his petition is void.-Alcorn v. Buschke, Cal., 66 Pac. Rep. 15.

81. EXECUTORS AND ADMINISTRATORS—Services Rendered Deceased.-Where a claim against an estate is for services rendered to deceased. to be paid when she sold certain land, which she had not sold, the claim filed need not describe the land.-Thompson v. Ruiz, Cal., 66 Pac. Rep. 24.

82. FEDERAL COURTS-Circuit Court of Appeals-Decisions.-An orderly administration of the law requires that the circuit court should follow a decision of a circuit court of appeals of another circuit, in the absence of conflicting authority and when the question is presented on precisely the same state of facts.- Hale v. Hilliker, U. s. C. C., N. D. (N. Y.), 109 Fed. Rep. 273.

83. FEDERAL COURTS-Mandate by Court of Appeals. An order entered by a circuit court in compliance with a mandate from the circuit court of appeals cannot be taken to that court for review by a second appeal or writ of error.-White v. Bruce, U. 8. C. C. of App., Fifth Circuit, 109 Fed. Rep. 355.

84. FEDERAL COURTS-Nonsult-Laws of State.-The right of a plaintiff in a federal court to take a nonsult is governed by the state statutes.-Drummond v. Louisville & N. R. Co., U. s. C. C., S. D. (III.), 109 Fed. Rep. 531.

85. FEDERAL JURISDICTION-Diverse CitizenshipPartnership.—A federal court is without jurisdiction of a suit brought by plaintiff as a member of a partner. ship and as assignee of his partner, unless it is shown by the bill that the citizenship of the assignor is such that the suit could have been brought in that court by the partnership -Ban v. Columbia Southern Ry. Co., U. S. C. C., D. (Oreg.), 109 Fed. Rep. 499.

86. FEDERAL JURISDICTION-Estates of Deceased Persons. A federal court is without jurisdiction of a suit, the purpose of which is to control, through a receivership, the management of an estate which is in process of administration in a probate court of the state.Johnson v. Ford, U. S. C. C., D. (Oreg.), 109 Fed. Rep. 501.

87. FEDERAL JURISDICTION-Suit on Contractor's Bond.-An action on contractor's bond for govern. ment work held within the jurisdiction of the circuit court.-Mullin v. United States, U. S. C. C. of App., Second Circuit, 109 Fed. Rep. 817.

88. FISH-Oyster Beds.-Claimant of oyster bed by license held not entitled to enjoin possession of such bed by the legal owner, who took possession after abandonment of same by plaintiff.-Riddell v. Brown, Wash., 65 Pac. Rep. 758.

89. FORGERIES-Evidence.-Evidence held sufficient to show that certain alleged bills and receipts of pay. ments on mortgages were forgeries.-Levy v. Rust, N. J., 49 Atl. Rep. 1017.

90. FRAUD - Incorrect Statements.-Statement of party to contract as to his legal rights in a play, if incorrect, held not actionable fraud.-Brady v. Edwards, N. Y., 71 N. Y. Supp. 972.

91. FRAUDS, STATUTE OF-Option on Real Estate.Under the Idaho statute of frauds, a written contract giving an option to purchase real estate cannot be legally extended after its expiration by a verbal agreement.-Lawyer v. Post, U. S. C. C. of App., Ninth Circuit, 109 Fed. Rep. 512.

92. FRAUDULENT CONVEYANCES-Reservation of Title. Reservation of title by seller until paid for is void as against creditors of the purchaser.-In re Howland, U. S. D. C., N. D. (N. Y.), 109 Fed. Rep 869. 93. GUARANTY-Firm Purchases-Dissolution.-Person guarantying purchases of firm held bound by such guaranty after dissolution of the firm, where vendors of goods and guarantor had no knowledge of such

dissolution. In re Cinque, U. S. D. C., E. D. (N. Y.), 109 Fed. Rep. 455.

94. HIGHWAYS-Street Assessment-Front Foot Rule. -Street assessment law is not repugnant to Const. U. S., because expense is to be assessed in proportion to the frontage of the lots.-San Francisco Pav. Co. v. Bates, Cal., 66 Pac. Rep. 2.

95. HOSPITAL-Liability for Negligence.-A patient in a public hospital, chartered as a charitable corporation, although under private management, cannot recover from such corporation for injuries resulting from the negligence of a nurse employed in its hospital. Powers v. Massachusetts Homeopathic Hospital, U. S. C. C. of App., First Circuit,, 109 Fed. Rep. 294.

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96. HUSBAND AND WIFE-Lands of Wife.-Under the laws of Vermont, lands of a wife held under a deed containing no limitation as to their use and farmed by her husband, are not the wife's separate property, and their products are assets of the husband's estate in bankruptcy.-In re Rooney, U. S. D. C., D. (Vt.), 109 Fed. Rep. 601.

97. INDICTMENT AND INFORMATION-Demurrer.-The truth of specific averments of fact made in criminal information cannot be put in issue and determined on demurrer, unless the evidence necessary to such determination appears from the record-United States v. Morrison, U. S. D. C., 8. D. (Iowa), 109 Fed. Rep. 891.

98. INJUNCTION-Interlocutory Appeal.-On an appeal from an interlocutory order granting a preliminary injunction, the court will not enter upon the merits of the suit, except to determine whether or not there was an abuse of legal discretion. -Murray v. Bender, U. S. O. C. of App., Ninth Circuit, 109 Fed. Rep. 585.

99. INJUNCTION-No Irreparable Injury.-A prelimin ary injunction will not be granted where its denial will involve no risk of irreparable injury to complain. ant.-Miller v. Mutual Reserve Fund Life Assn., U. S. C. C., 8. D. (N. Y.), 109 Fed. Rep. 278.

100. INSANE PERSONS-Final Settlement of Guardian. -The administrator of the estate of a deceased incom. petent may contest the final account of the guardian of such incompetent.-In re Averill's Estate, Cal., 66 Pac. Rep. 14.

101. INSANE PERSONS-Guardian-Loaning Money.Where a guardian loans the money of his ward on the sole credit of the borrower, he must show that he acted in good faith and with due prudence.-In re Averill's Estate, Cal., 66 Pac. Rep. 14.

102. INSURANCE-Acceptance of Risk.—The action of a clerk in the office of an insurance company, in fill. ing up a slip reporting a risk to be indorsed under a marine policy and checking the same for entry as a matter of routine, held not to be an acceptance of the risk by the company.-Deleware Ins. Co. of Philadelphia v. S. S. White Dental M'g. Co., U. S. C. C. of App., Third Circuit, 109 Fed. Rep. 334.

103. INSURANCE-Misrepresentations Constitution. ality of Statutory Regulation. -Statute providing that misrepresentation by an insured shall not invalidate his policy, unless made with actual intent to deceive, or unless the matter misrepresented increases the risk of loss, is not unconstitutional, as special legisla tion, because it exempts from its operation contracts for mutual insurance.-Fidelity & Casualty Co. of New York v. Freeman, U. 8. C. C. of App., Sixth Circuit, 109 Fed. Rep. 847.

104. INTEREST-Coupons.-Interest is not recoverable on coupons attached to railroad bonds payable in New York, and which remain in the hands of the holder of the bonds and attached thereto.- Columbus 8. & H. R. Co. Appeals, U. 8. C. C. of App., Sixth Circuit, 109 Fed. Rep. 177.

105. JUDGMENT-Conclusiveness.--A judgment ren. dered in an action on coupons from municipal bonds, adjudging the bonds void, is conclusive against a sub

sequent purchaser of such bonds, unless it is shown that he bought before maturity and without notice of the judgment.-Corliss v. Pulaski County, U. 8. C. C., N. D. (Cal.), 109 Fed. Rep. 842.

106 JUDGMENT-Dismissal -Adjudication on Merits. -A judgment dismissing an action on the sole ground that the court has no jurisdiction is not an adjudication on the merits, and is no bar to another action for the same cause.-Bunker Hill & Sullivan Mining & Concentrating Co. v. Shoshone Min. Co., U. 8. C. C. of App., Ninth Circuit, 109 Fed. Rep. 504.

108. LIBEL AND SLANDER-Retraction-Damages.—In action for libel against a New Jersey corporation, Laws N. J. 1898, ch. 204, limiting for recovering to actual damages where no demand for retraction has been made, held not harmful. - Foye v. Guardian Printing & Pub. Co., U. S. O. C., E. D. (N. Y.), 109 Fed. Rep. 368. 109. MARRIAGE-Uncle and Niece.-Marriage between uncle and niece, though valid in Russia, where celebrated, held invalid in Pennsylvania.-United States v. Rogers, U. S. D. C., E. D. (Pa.), 109 Fed. Rep. 886.

110. MASTER AND SERVANT-Assumption of Risk.-A minor held to have assumed the risk of injury from the use of a certain kind of tamping bar furnished by his employer, and which he used without objection, where, if such bar was more dangerous than others in use, he was fully qualified to understand and appreciate such fact.-King v. Morgan, U. S. C. C. of App., Eighth Circuit, 109 Fed. Rep. 446.

111. MASTER AND SERVANT-Assumption of Risk.-A servant cannot be required to assume the risk from a danger which arises from the failure of the master to perform the duty imp ised on him by law to exercise ordinary care in supplying reasonable safe tools or appliances or a reasonably safe place to work.Southern Pac. Co. v. Yeargin, U. S. C. C. of App., Eighth Circuit, 109 Fed. Rep. 436.

112. MASTER AND

SERVANT-Fellow-Servant-Foreman. A foreman, engaged in the actual work of directing the operations of a pile driver, is a fellowservant with the other members of the pile driver gang, for whose negligence, resulting in injury to an. other workman, the master is not responsible; and it is immaterial that he is also general foreman of the work, with power to hire and discharge the other employees. -McDonald v. Buckley, U. S. C. C. of App., Fifth Circuit, 109 Fed. Rep. 290.

113. MASTER AND SERVANT-Safe Place to Work.-The death of a servant held to have been due to the fallure of the master to exercise due care to provide him with a reasonable safe place in which to work.-Beattie v. Edge Moor Bridge Works, U. S. C. C., 8. D. (N. Y.), 109 Fed. Rep. 233.

114. MECHANICS' LIENS-Priority of Mortgage.-The mechanic's lien statute of Arkansas construed as to priority of a mortgage given for money to be used in the construction of a building over mechanics' liens filed against the property for labor and materials furnished for such building.-In re Matthews, U. S. D. C., W. D. (Ark.), 109 Fed. Rep. 603.

115. MINES-Minerals-Discovery of Gold on Public Land. Where plaintiff found gold while working for defendants in excavating a mill site on public land, defendants have no claims to the gold under Civil Code, § 1985.-Burns v. Clark, Cal., 66 Pac. Rep. 12.

110. MINES AND MINERALS-Patent-Presumptions.— A patent for a mining claim is conclusive that the location upon which it was issued was prior to every other location.-Bunker Hill & Sullivan Mining & Concentrating Co. v. Empire State-Idaho Mining & De

veloping Co., U. S. C. C. of App., Ninth Circuit, 109 Fed. Rep. 538.

117. MORTGAGES-Bona Fide Purchaser.-A mortgage securing negotiable notes, although its delivery was procured by fraud, and the acknowledgment filled out and certified by a notary when it was never in fact acknowledged, is enforceable in the hands of a bona Ade parchaser of the notes for value and before maturity.-O'Rourke v. Wahl, U. S. C. C. of App., Seventh Circuit, 109 Fed. Rep. 276.

118. MORTGAGES - Foreclosure Renewal Notes.Where a note for one year provides for renewal from year to year at the option of the holder, it may be declared due, and the security foreclosed, at the begin. ning of any year after the first.-Sacramento Bank v. Copsey, Cal., 66 Pac. Rep. 8.

119. MORTGAGES-Interest.-In determining amount due on modification of decree in foreclosure after ap peal, held error to charge interest on total amount of debt, without crediting proceeds on foreclosure.Taylor v. Ellenberger, Cal., 656 Pac. Rep. 4.

120. MORTGAGES-l'urchase by Trustee.-A sale of property by trustees in a trust deed to a bank, of which such trustees were stockholders and directors, is not a sale to themselves; the bank being essentially an entity acting for itself.-Copsey v. Sacramento Bank, Cal., 66 Pac. Rep. 7.

121. MORTGAGES-Redemption-Tender.-To redeem from mortgage foreclosure, unless mortgagee is a non resident or mortgage is fraudulent, plaintiff must allege a tender of payment, or show that defendant, by default, has prevented plaintiff from performing. -Munro v. Barton, Me., 49 Atl. Rep 1069.

122. MORTGAGES-Unpaid Balance.-When a note is secured by trust deed, on foreclosure, any unpaid balance may be recovered from the maker by action. -Sacramento Bank v. Copsey, Cal., 66 Pac. Rep. 3.

123. MUNICIPAL CORPORATIONS-Sale of Bonds With. out Advertising.-A contract by the trustees of the sinking fund of Cincinnati for the sale to a banking company of refunding bonds of the city, without advertising or receiving bids therefor, is void.-Roberts & Co. v. Taft, U. S. C. C. of App., Sixth Circuit, 109 Fed. Kep. 825.

124. MUNICIPAL CORPORATIONS-Unreasonable Ordinance. An ordinance limiting speed to six miles an hour held void.-United Traction Co. v. City of Watervliet, N. Y., 71 N. Y. Supp. 977.

125. NEGLIGENCE-Explosion of Soda Water.-Vendor of seltzer water siphon held not liable to pur. chaser injured by its explosion.-Glazer v. Seitz, N. Y., 71 N. Y. Supp. 942.

126. NEW TRIAL-Surprise.—In action against railroad company for injuries received at accident, verdict for plaintiff set aside because of surprise at evidence as to the serious nature of the injuries received.-Dixon v. Brooklyn Heights R. Co., N. Y., 71 N. Y. Supp. 969.

197. NEW TRIAL-Two Findings of Jury Conclusive.After two findings by juries the same way on a ques tion of fact, the verdict will not be disturbed because the weight of evidence seems to the court to be against such findings.-Clark v. Barney Dumping Co., U. S. C. C., S. D. (N. Y.), 109 Fed. Rep. 235.

128. PLEADING-Demurrer.-As against a demurrer, a pleading will be deemed to allege whatever can be implied from its statements by fair and reasonable intendments.-Acker, Merrall & Condit v. Richards, N. Y., 71 N. Y. Supp. 929.

129. PLEADING-Motion and Answer-Issues.-Where motion to set aside summons for insufficient service has been overruled, such issue cannot be again raised by answer.-Foye v. Guardian Printing & Publishing Co., U. S. C. C., E. D. (N. Y ), 109 Fed. Rep. 368. 130. POST OFFICE - Defrauding by Use of Mails.An indictment for defrauding by use of mails held insufficient under Rev. St. § 5480, as amended by Act

March 2, 1889, where it does not show or charge a scheme by which the person name would be defrauded.-Milby v. United States, U. S. C. C. of App., Sixth Circuit, 109 Fed. Rep. 638.

131. PRINCIPAL AND AGENT-Discretion of Agent.In a power of attorney to sell land for such price as the agent may deem best, a provision that the sale must be subject to the approval of the principal is not repugnant.-Alcorn v. Buschke, Cal., 66 Pac. Rep. 15.

132. PUBLIC LANDS-Connecting Survey.-Where the United States plats and patents land by a lake on the theory that the land is bounded by the lake, it cannot thereafter correct its survey and revoke its grants as against innocent purchasers from its patentees.--Kirwan v. Murphy, U. S. C. C. of App., Eighth Circuit, 109 Fed. Rep. 354.

133. PUBLIC LANDS - Timber Rights.-Under Act March 3, 1875, giving a right to cut timber on adjacent public lands for use in the construction of a railroad over such lands, a railroad company is authorized to cut timber on lands adjacent to any part of its completed main line for use in the subsequent construction of a branch line authorized by its charter.-United States v. Price Trading Co., U. S. C. C. of App., Eighth Circuit, 109 Fed. Rep. 239.

134. QUIETING TITLE School Lands.-Where the grantee in a deed conveying land for school purposes only abandon the land, and the grantor enters, he may sue to cancel deed and quiet title.-Papst v. Hamilton, Cal., 66 Pac. Rep. 10.

135. RAILROADS — Bondholders - Reorganization. Bondholders who joined in a reorganization agree. ment, under which a new company was organized which purchased the property of the old at a foreclo. sure sale, and who exchanged their bonds for those of the new company, held not entitled to a rescission of such agreement after the new company became insolv. ent.-Columbus, S. & H. R. Co. Appeals, U. S. C. C. of App., Sixth Circuit, 109 Fed. Rep. 177.

137. RECEIVERS-Agreement to Redeem Mileage.An agreement by a railroad receiver to pay the amount of mileage previously sold by the company over the road of another company which shall be redeemed by such company does not make the claim therefor a debt of the receivership.-Monsarrat v. Mercantile Trust Co. U. S. C. C. of App., Sixth Circuit, 109 Fed. Rep. 230.

138. RECEIVERS-Certificates-Liens.-Receivers' cer tificates issued by authority of an order made in a railroad foreclosure suit held not to constitute a lien on the property after sale under the terms of the order and decree of sale.-Columbus, S. & H. R. Co. Appeals, U. S. C. C. of App., Sixth Circuit, 109 Fed. Rep. 177. 139. RECEIVER - Suing Outside of Jurisdiction.-A Minnesota receiver appointed to collect from the stockholders of an insolvent corporation the amount of their statutory liability for the benefit of all the creditors, may maintain an action at law in a federal court in another state against a stockholder residing therein.-Hale v. Hilliker, U. S. C. C., N. D. (N. Y.) 109 Fed. Rep. 273.

140. REFORMATION OF INSTRUMENT- Parties. Ref. ormation of deed denied, suit not being between the parties to the deed.-Cole v. Fickett, Me., 49 Atl. Rep. 1066.

141. REPLEVIN-Attorney's Fees and Expenses. - In replevin by corporation, counsel fees and traveling expenses of president are not recoverable as damages.-Hampton & B. R. & Lumber Co. v. Sizer, N. Y. 71 N. Y. Supp. 990.