bridge.-Johnson v. Buffalo County, Wis., 87 N. W. Rep. 240.

21. CARRIERS-Passengers-Assault by Conductor.Where a conductor assaults a passenger, the carrier is liable, though the assault is in retaliation of an assault committed upon the conducter because of abusive words.-Birmingham Ry. & Electric Co. v. Baird, Ala., 30 South. Rep. 456.

held

22. CERTIORARI-Enforcing Liens.- Certiorari not an appropriate remedy to enforce the rights of a lessee of school lands whose lease had been canceled by the board of land commissioners.-State Board of Land Com'rs v. Carpenter, Colo., 66 Pac. Rep. 165.

23. CERTIORARI-Temporary Injunction.-Certiorari will not lie to review an error in the granting of a temporary injunction, as 2 Ballinger's Ann. Codes & St. § 6500, authorized an appeal therefrom.-Parker v. Superior Court of Snohomish County, Wash., 66 Pac. Rep. 154.

24. CHARITIES-Sectarian College.-A device of property for the establishment and maintenance of a sectarian college held to be for a charitable purpose, so as not to be included in the statute of uses.-In re Stewart's Estate, Wash., 66 Pac. Rep. 148.

25. CHATTEL MORTGAGES - Not Recorded - Inter Parties. A chattel mortgage is valid as between the parties thereto, though it is not acknowledge or recorded.-Morse v. Morrison, Colo., 66 Pac. Rep. 169.

26. CONFLICT OF LAWS-Insolvence-Foreign Cred. itors. Comity between states will not require the courts to give foreign creditors an advantage over resident creditors of insolvent.-Thum v. Pyke, Idaho, 66 Pac. Rep. 157.

27. CONSTITUTIONAL LAW-Delegation of Legislative Authority.-Act March 21, 1901, authorizing the gov. ernor to appoint a commission to district wards in cities, held an unlawful delegation of legislative power.-Gilhooly v. City of Elizabeth, N. J., 49 Atl. Rep. 1106.

28. CONTEMPT-Jurisdiction.-An appeal allowed by a judge of the circuit court of appeals held to have been perfected, so as to give that court jurisdiction to proceed for contempt against one who assisted in resist. ing the enforcement of its writ of supersedeas.Anderson v. Comptois, U. S. C. C. of App., Ninth Circuit, 109 Fed. Rep. 971.

29. CONTRACTS-Evidence.-In an action on a contract for 25 car loads of boxes, held, that the defendant was precluded from objecting to the submission to the jury of the question of the number of boxes constituting car load.-Lowry v. Saginaw Specialty Co., Mich., 87 N. W. Rep. 194.

30. CONTRACTS-Executed Consideration.-A past consideration, which imposes no obligation at the time it was furnished, is sufficient to support any promise.-Davis v. Anderson, Va., 39 S. E. Rep. 588.

31. CONTRACTS-"Good" Consideration.-A contract founded on a good, but not on a valuable, consideration held voluntary, and void as to creditors.-Davis V. Anderson, Va., 39 S. E. Rep. 588.

32. CONTRACTS-Right to Terminate.-Party to a contract not in default held entitled to terminate it on failure of the other to comply in substantial matters. -Balance v. Vanuxem, Ill., 61 N. E. Rep. 85.

33. CONTRIBUTION - Redemption.-Where plaintiff redeemed two lots from sale under foreclosure of trust deed, only one of which he was entitled to redeem, and that one chargeable with payment of the entire loan for which the deed was given, he was not entitled to contribution from the other by reason of such redemption.-Huber v. Hess, Ill., 66 N. E. Rep. 61. 34. CORPORATIONS-Creditors Lien on Assets.-Cred. itors of a corporation has no equitable lien on the assets until the corporation is insolvent or has suspended business.-Marvin v. Anderson, Wis., 87 N. W. Rep. 226.

Corporations.-Under

35. CORPORATIONS-Foreign Mills Ann. St. § 491, held, that a foreign corporation, which filed its certificate appointing a local agent on February 20, 1896, filed the required statement within the required time by a filing on February 13, 1897.Fraser v. Mines Leasing Co., Colo., 66 Pac. Rep. 167. 36. CORPORATIONS-Right to Sell to Stockholders.-A solvent going corporation can sell its property in the regular course of business, though the vendee is a stockholder.-Marvin v. Anderson, Wis., 87 N. W. Rep. 226.

37. COURTS-Appeal Bond.-Money paid a surety company for furnishing an appeal bond on an appeal to the circuit court of appeals is not taxable as costs.Lee Injector Mfg. Co. v. Penberthy Injector Co., U. S. C. C. of App., Sixth Circuit, 109 Fed. Rep. 964. 38. COSTS for Printing Briefs.-Disbursement printing briefs in the circuit court of appeals are not taxable as costs.-Lee Injector Mfg. Co. v. Penberthy Injector Co., U. S. C. C. of App., Sixth Circuit, 109 Fed. Rep. 964.

39. COUNTIES County Government Act.-County Government Act 1897, § 13, conferring powers co-ordinate with those conferred by Const. art. 11, held void. -Ex parte Anderson, Cal., 66 Pac. Rep. 194.

40. COUNTIES-County Treasurer Interest. Under Comp. Laws, §§ 1197-1200, a county treasurer held not entitled to the interest on tax moneys collected and deposited by him.-Board of Suprs. of Kent County v. Verkerke, Mich., 87 N. W. Rep. 217.

41. COUNTIES-Special Tax Levy.-Under Act Dec. 13, 1898, providing for the working of public roads in certain counties and authorizing the levy of a special tax, the commissioner's court of such a county held to have no authority to levy a special tax in addition to the regular county tax, if the latter is fixed at the rate of One-half of 1 per cent., which is the full constitutional limit.- Frederick v. Northern Alabama Ry. Co., Ala., 30 South. Rep. 426.

42. COURTS-Inferior Appellate Courts.-Hurd's Rev. St. 1899, p. 526, creating branch appellate courts, held constitutional, as within Const. 1870, art. 6, § 11, conferring on the legislature power to create inferior appellate courts.-Berkenfield v. People, Ill., 61 N. E. Rep. 96.

43. CRIMINAL EVIDENCE- Corroboration.-Evidence as to the trailing and baying of a bloodhound held inadmissible, in a larceny prosecution, to corroborate statements as to the guilt of defendants.-State v. Moore, N. Car., 39 S. E. Rep. 626.

44. CRIMINAL LAW - Grand Jury-Illegal Panel.-The objection that a grand jury was not drawn and impaneled as required by law is not saved for review by a motion to quash the indictment for insufficiency.Berkenfield v. People, Ill., 61 N. E. Rep. 96.

45. CRIMINAL LAW-Trial - Postponement.- Where a week elapsed between the first arraignment and the preliminary examination, it was not error to refuse a further postponement that accused might procure an attorney.-People v. Figueroa, Cal., 66 Pac. Rep. 202. 46. CRIMINAL TRIAL- Conversation by Juror.-Con. versation by juror with another person entirely for eign to the case on trial, in the presence and hearing of the sheriff and other jurors, held not to render verdict of conviction void.-State v. Cotts, W. Va., 39 S. E. Rep. 605.

47. CRIMINAL TRIAL-Cross-Examination of Accused. -Under Pen. Code, § 1323, held error, on criminal prosecution, to allow accused, who had offered him. self as a witness, to be cross-examined as to matters not touched on in his examination in chief.-People v. Rodrigues, Cal., 66 Pac. Rep. 174.

48. CRIMINAL TRIAL-Diagram by Attorney.-Where the district attorney drew a diagram of the scene of the crime, and used it in the examination of the wit nesses, no valid objection could be raised.-People v Figueroa, Cal., 66 Pac. Rep. 202.

49. CRIMINAL TRIAL-Mistake in Name of Juror.Mistake as to second initial in list of jurors handed defendant held immaterial.-Kimbrell v. State, Ala., 30 South. Rep. 454.

50. CRIMINAL TRIAL-Response of Jury to the Issue. -Where issue was joined in a criminal case on pleas of not guilty, former conviction, and former jeopardy, the conviction will not be reversed on appeal because of the jury's failure to respond only to the plea of not guilty.-Dannelley v. State, Ala., 30 South. Rep. 452.

51. DEATH BY WRONGFUL ACT-Excessive Damages. -In an action by parents against a railroad for the wrongful death of their son, defendant's employee, a verdict for $8,000 held excessive.-Atchison, etc. Ry. Co. v. Van Belle, Tex., 64 S. W. Rep. 397.

52. DIVORCE-Appeal.-The fact that a divorce suit is a sult in equity does not authorize an appeal under the rules allowing appeals in equity.-Martin v. Mar tin, Wis., 87 N. W. Rep. 232.

53. DIVORCE-Special Findings.-In an action for di vorce, findings negativing the charge of cruelty held also to negative an allegation of desertion, and special findings are therefore unnecessary. - Kepfler v. Kep. fler, Cal., 66 Pac. Rep. 208.

54. EJECTMENT-After-Acquired Title.-A plaintiff in ejectment can only recover on the title alleged in the declaration, and not on an after-acquired title.Nowlen v. Hall, Mich., 87 N. W. Rep. 222.

an election

55. ELECTION-Contest-Evidence.-On contest, held proper for the court to admit ballots to which there were attached a stub that should have remained in the books from which the ballots were taken. Farnham v. Boland, Cal., 66 Pac. Rep. 200.

56. ELECTIONS-Evidence - Secrecy.-In an election contest, it is not competent to ask a witness for whom he voted, so long as the witness has not waived his right to secrecy.-Black v. Pate, Ala., 30 South. Rep. 434.

57. ELECTIONS - Qualifications of Voters.- Declara. tions of a voter, made after election, as to his qualifi cations, held not admissible in an election contest to show he was disqualified.-Black v. Pate, Ala., 30 South. Rep. 484.

58. ELECTIONS-Secrecy of the Ballot.-Secrecy required in elections held not applicable to one guilty of illegal voting.-Black v. Pate, Ala., 30 South. Rep. 434.

59. ELECTRICITY-Right to Use of Streets.-Until a borough council passes an ordinance regulating the use of streets, and electric light company, having ob. tained the consent of owners, may string its wires in the borough streets.-Point Pleasant Electric Light & Power Co. v. Borough of Bay Head, N. J., 49 Atl. Rep. 1108.

60. EMBEZZLEMENT Defense.-Contention that accused, the secretary of a corporation, who had misap. propriated its moneys, was not guilty because by-laws of corporation required treasurer to keep such moneys held without merit; it appearing the secretary actually had control of them in the business.-People v. Butts, Mich., 87 N. W. Rep. 224.

61. EMINENT DOMAIN-Compensation.- Where a rail. road company has entered upon land and paid no compensation therefor, and there was a demand for compensation, the railroad company is not entitled to enjoin ejectment without being compelled to pay compensation for the land so taken.-McLure v. Alabama Midland Ry. Co., Ala., 30 South. Rep. 440.

62. EMINENT DOMAIN - Compensation-Conveyance. - Where, pending the hearing of exceptions to allow. ance of compensation in condemnation proceedings, the land was conveyed, the owners of the land when the report was confirmed were entitled to compensa. tion.-Virginia Carolina Ry. Co. v. Booker, Va., 39 S. E. Rep. 591.

63. EMINENT DOMAIN Public Purpose-Demurrer.The objection that the face of a petition to condemn land for public purpose shows that the alleged purpose is not public may be raised by demurrer.-Parker v. Superior Court of Skohomish Co., Wash., 66 Pac. Rep. 154.

64. EQUITY-Special Commissioner to Execute Decree of Sale.--In suit to enjoin a sale under trust deed, where defendants set up judgment liens, and asked for marshaling of assets and sale to pay liens, held proper to appoint a special commissioner to execute decree of sale.-Martin v. Kester, W. Va., 39 S. E. Rep. 599.

65. ESTOPPEL-Heirs Bound by Deed of Ancestor.— Heirs who assert the validity of certain deeds through which their ancestor acquired title, in ejectment therefor, cannot defend a suit on a mortgage given by the ancestor on the ground of the invalidity of such deeds.-Cline v. Wixson, Mich., 87 N. W. Rep. 207.

66. ESTOPPEL-Wife's Laches.-Evidence of a wife's laches, negligence, and silence held to estop her from claiming title to her property, which her husband had wrongfully conveyed to a bona fide purchaser.Murphy v. Ganey, Utah, 66 Pac. Rep. 190.

67. EVIDENCE-Deposition.-Under Mill's Ann. St. §§ 4816, 4822, the deposition of plaintiff's agent in replevin against executor held admissible.-King Shoe Co. v. Chittenden, Colo., 66 Pac. Rep. 173.

68. EVIDENCE- Expert - Hypothetical Question.-A hypothetical question asked an expert held not subject to the objection that it was not based on the case shown by the evidence.-Collins v. City of Janesville, Wis., 87 N. W. Rep. 241.

69. EVIDENCE-Non-Expert-Manner of Walking.-A non-expert witness may testify in an action for personal injuries as to the manner in which plaintiff walked after recovering from the injury.-Collins v. City of Janesville, Wis., 87 N. W. Rep. 241.

70. EVIDENCE-Parol - Ambiguity.-Parol evidence held admissible to explain meaning of words which are ambiguous when applied to the subject-matter.Andrews v. Robertson, Wis., 87 N. W. Rep. 190.

71. EVIDENCE-Photographs.-A photograph of the place of the accident held inadmissible, being taken a year after the accident occurred, and not shown to represent the situation as it was.-Iroquois Furnace Co. v. McCrea, Ill., 61 N. E. Rep. 79.

72. EXECUTORS AND ADMINISTRATORS — Appointment. In a suit by an administrator against the administrator to collect, the appointment of the administrator, unless void, cannot be questioned.-Salomon v. People, Ill., 61 N. E. Rep. 83.

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- Presentment

73. EXECUTORS AND ADMINISTRATORS of Claims.-The fact that executors know a claim is made against the estate does not dispense with necessity of presenting it to the court under Administration Act, § 70.-Morse v. Pacific Ry. Co., Ill., 61 N. E. Rep. 104.

74. EXECUTORS AND ADMINISTRATORS — Removal.An administrator who acquiesced in the conduct of his attorneys in being retained by one of the heirs, who claimed the entire estate, held to have violated the duties of his trust, and to be subject to removal.— In re Healy's Estate, Cal., 66 Pac. Rep. 175.

75. FALSE IMPRISONMENT Evidence.-Evidence is admissible on behalf of the plaintiff, in an action for false imprisonment, that he was confined with criminals and was compelled to sleep without adequate clothing.-Miller v. Fano, Cal., 66 Pac. Rep. 183.

76. FALSE PRETENSES-Indictment.-An indictment charging the accused with having obtained credit by a false written statement of the credit of the firm of which accused was a member charges a criminal offense.-Berkenfleld v. People, Ill., 61 N. E. Rep. 96.

77. FEDERAL COURTS-Jurisdiction of State Court.The circuit court of the United States is without juris

diction to enjoin a state from enforcing its own laws.— State v. Chicago, R. 1. & P. R. Co., Neb., 87 N. W. Rep. 188.

78. FINES-Imprisonment.- Where defendant was ordered to be imprisoned until a fine was satisfied at a certain rate per day, the failure to require defendant to work out the fine does not render the sentence void.-Berkenfield v. People, Ill., 61 N. E. Rep. 96.

79. FIXTURES-Leanto.-A leanto attached to a section house, which was constructed by the section foreman while occupying the house, held a fixture belonging to the realty, and not to the tenant.-Mueller v. Chicago, M. & St. P. Ry. Co., Wis., 87 N. W. Rep. 239.

80. FRAUDULENT CONVEYANCES-Reference to Master. -Where a debtor conveyed property as security for his debt, which was for several thousand dollars in items of from $5 to $20 each,another creditor is entitled to a statement of an account, and a reference to a master is proper.-Platt v. McClong, N. J., 49 Atl. Rep.

1125.

81. FRAUDULENT CONVEYANCES "Solvency." - A vendor is solvent at the time of the sale if he possesses a substantial excess of assets on a cash basis over his liabilities.-Marvin v. Anderson, Wis., 87 N. W. Rep. 226.

82. GRAND JURY-Non-Attendance of Juror.-Under Code ch.157, § 4,when grand jurors drawn according to law fail to attend, the court may summon any quali fied persons, whether included in prepared list or not. -State v. Carter, W. Va., 30 S. E. Rep. 611.

83. GUARDIAN AND WARD.-Claim of guardian against ward's estate for money paid the latter's board held properly disallowed.-In re Ceas' Estate, Cal., 66 Pac. Rep. 187.

84. HABEAS CORPUS-Presumption.-Where there is no bill of exceptions, nor anything showing that the court's consideration of the case was restricted to the validity of the commitment by the mayor, it will be presumed that t he order of the probate court was correct.-Pruitt v. State, Ala., 30 South. Rep. 451.

$5. HIGHWAYS Rule Where Two Vehicles Meet.Pol. Code, § 2931, held to apply to a vehicle being driven on a street car track which turned to the left on meeting a car, thereby colliding with a wheelman on the right side of the road.-Diehl v. Roberts, Cal., 66 Pac. Rep. 202.

86. HIGHWAYS-Street Improvements-Cost.-Abutting property owners cannot be charged with the cost of constructing a street to the extent that such cost was increased by constructing the street under the tracks of a railroad.-Louisville Steam Forge Co. v. Mehler., Ky., 64 S. W. Rep. 396.

87. HIGHWAYS-Street Improvements-Damages. -In an action to enforce a lien for the cost of a street im. provement, the fact that the defendant has been damaged by a change of the street, and that no steps were taken to fix the damage before the injury was done, constitutes no defense.-Louisville Steam Forge Co v. Mehler, Ky., 64 S. W. Rep. 396.

88. HOMICIDE Declarations of Deceased.-Testi. mony of witness that before the killing he heard de. ceased say that the defendant was crazy is inadmissible.-Kimball v. State, Ala., 30 South. Rep. 454.

89. HOMICIDE-Evidence.-In prosecution for murder, evidence that a few hours before deceased had assaulted defendant with a gun, and that at that time a third person interfered with the deceased, who drew a gun and threatened to kill him, was not admissible, -Willingham v. State, Ala., 30 South. Rəp. 429.

90. HUSBAND AND WIFE-Power of Wife to Sell Land. -Code, § 2528, authorizing a married woman to alienate lands where her husband is a non-resident, held to apply where wife and husband are both non-residents. -High v. Whitfield, Ala., 30 South. Rep. 449.

91. INJUNCTION-Adequate Remedy Trespass.- A bill to restrain defendants from trespassing on com.

plainant's land held not maintainable, where there an adequate remedy at law. -High v. Whitfield, Ala., 30 South. Rep. 449.

92. INJUNCTION-Electric Wires.-Injunction will lie to restrain borough officers from cutting electric wires rightfully erected in the borough streets, since damages would not afford an adequate remedy.-Point Pleasant Electric Light & Power Co. v. Burough of Bay Head, N. J., 49 Atl. Rep. 1108.

93. INSURANCE-Refunding Taxes on Unearned Premiums.-Equity will compel the state insurance su pertendent to refund taxes collected on unearned premiums and enjoin their further collection.-German Alliance Ins. Co. v. Van Cleave, Ill., 61 N. E. Rep. 94. 94. INSURANCE - Unliquidated Losses. Rule that payment in part of the amount due on a contract at or after maturity does not operate as a satisfaction of the whole, held not to apply to an unliquidated loss under an open insurance policy.-Riggs v. Home Mut. Fire Protection Assn., S. Car., 39 S. E. Rep. 614.

95. INTEREST-When Chargeable.- Where the duty of one person is to be always ready to pay over money whenever another is entitled to receive it, he is not generally chargeable with interest.-Mathewson v. Davis, Ill., 61 N. E. Rep. 68.

96. INTOXICATING LIQUORS-Liability of Agent.-Conviction cannot be had, under an indictment for the illegal sale of liquors, where the evidence shows that defendant was only the agent or a friend of the purchaser in procuring the liquors.-Maples v. State, Ala., 30 South. Rep. 428.

97. INTOXICATING| Liquors-Liability of Agents of Seller. Under an indictment for selling liquor without a license, a conviction cannot be had where the evidence shows that defendant acted only as the agent or a friend of the purchaser in procuring the liquor.Bonds v. State, Ala.. 30 South. Rep. 427.

98. INTOXICATING LIQUORS-Licenses-Unjust Discrimination.-An ordinance prohibiting the granting of licenses for the sale of liquor in quantities of less than four gallons in a single package, except at a reg. ularly licensed saloon or dram shop, held not void for unjust discrimination.-People v. Harrison, Ill., 61 N. E. Rep. 99.

99. INTOXICATING LIQUORS-Selling to Minors.- Under Rev. St. 1898, § 1557, it is criminal for a saloon keeper to sell two drinks of liquor to an adult accompanied by a minor, and to give one drink thereof to the minor.-Nelson v. State, Wis., 87 N. W. Rep. 235.

100. JUDGES-De Facto Judge.-Act done by de facto judge by color of office is valid, though it may afterwards be decided that he was not lawfully elected, or was disqualified, or that his office had been vacated.State v. Carter, W. Va., 39 S. E. Rep. 611.

101. JUDGES - Special Judge.-Absence of special judge or refusal to hold court vacates his continuance, and, in absence of the regular judge, justifies election of some other person to hold court.-State v. Carter, W. Va., 39 S. E. Rep. 611.

102. JUDGMENT - Foreign Judgments - Open to In. quiry.-Jurisdiction of a court of a foreign state held open to inquiry when its judgments are sought to be enforced. Thum v. Pyke, Idaho, 66 Pac. Rep. 157.

103. JUDGMENT - Interlocutory Decrees.-Interlocutory decrees entered in a suit for an accounting be. tween owners of real estate held not res judicata as to existence of partnership between such Owners.Houck's Admr. v. Kerfoot's Admr., Va., 39 S. E. Rep. 590.

104. JUDGMENT-Proof of Collateral Fact.-A judg. ment is admissible to prove a collateral fact as against parties who were not parties to such judg. ment.-Phillips v. Yon, S. Car., 39 S. E. Rep. 618.

105. JUDGMENT - Res Judicata-Under Code Civ. Proc. § 1911, judgment rendered in a vendor's action to quiet title against purchaser held not res judicata

of the purchaser's action to recover purchase money paid.-Heilig v. Parlin, Cal., 66 Pac. Rep. 186.

106. JUDGMENT-Setting Aside Default.-The authority of the superior court, under Code Civ. Proc. § 473, to set aside default, is confined to the discretion of the court, and will not be disturbed on appeal unless abused.-Winchester v. Black, Cal., 66 Pac. Rep. 197.

107. JURY-Interest of Jurors.-Plaintiff, in action against employer for negligence, can question jurors as to their interest in the company which insured defendant against such liabilities.-Iroquois Furnace Co. v. McCrea, Ill., 61 N. E. Rep. 79.

108. JURY-Mistake in Names.-Mistake in name of jurors held to constitute no ground for quashing venire.-Kimbrell v. State, Ala., 30 South. Rep. 454.

109. LANDLORD AND TENANT-Lessee's Failure to Sign. Failure of lessee of school lands to sign the lease held not to invalidate the same.-State Board of Land Comrs. v. Carpenter, Colo., 66 Pac. Rep. 165.

110. LANDLORD AND TENANT-Lien of Furniture.Mills' Ann. St. § 2854, does not give the lessor of an office a lien on the furniture of his tenant for the rent thereof.-Morse v. Morrison, Colo., 66 Pac. Rep. 169.

111. LANDLORD AND TENANT- Statutory Lien.-Where tenant agrees to pay a fixed rent for certain mules, and to pay a certain sum if such mules die, the amount fixed as indemnity is a personal obligation for which there is no statutory lien.-Bush v. Willis, Ala., 30 South. Rep. 443.

112. LARCENY - Indictment.-Count of indictment charging larceny of goods held not defective for not stating the amount and quantity of the articles.-State v. Moore, N. Car., 39 S. E. Rep. 626.

113. LIBEL AND SLANDER-Damages.-Where a virtu ous woman was subjected to repeated charges of whoredon, a verdict of $600 in an action for slander will not be deemed excessive. - Hacker v. Heiney, Wis., 87 N. W. Rep. 249.

114. LICENSES-Constitutionality.-Under Const. art. 10, §§ 1, 4, held that Acts 1895-96, p. 213, authorizing the city of L to levy a license tax on the business of manu. facturing was void, and ordinances passed in pursuance of the power imposing a license tax on manu. facturers were inoperative.-Thomas v. Snead, Va., 39 S. E. Rep. 586.

115. LIFE INSURANCE-Proper Party-Personal Representative. The personal representative of one beneficiary held the proper party to bring an action on a life insurance policy.-Ives v. Mutual Life Ins. Co. of New York, N. Car., 39 S. E. Rep. 631.

116. MALICIOUS PROSECUTION-Inferring Malice.-In an action for malicious prosecution, malice may be inferred from the want of probable cause.-Lauter bach v. Netzo, Wis., 87 N. W. Rep. 230.

117. MANDAMUS-Appeal.-An order awarding a writ of mandamus in a proceeding in which issue is joined by the return is a judgment in a civil action, from which an appeal may be taken.-State v. Giljohann, Wis., 87 N. W. Rep. 245.

118. MANDAMUS-Motion to Quash.-A motion to quash cannot be properly interposed to return to a writ of mandamus.-State v. Giljohann, Wis., 87 N. W. Rep. 245.

119. MARRIAGE-Annulment for Incapacity.-In a proceeding by a wife for separate maintenance, held competent to entertain a cross-bill for a decree an. nulling the marriage on the ground of defendant's mental incapacity.-Pyott v. Pyott, Ill., 61 N. E. Rep. 88.

120. MECHANICS' LIENS-Completed Machines.-Un der mechanic's lien act, a lien does not attach for the purchase price of completed machines, which are stayed in their places merely to make them steady and not to make them part of the realty.-Campbell v. John W. Taylor Mfg. Co., N. J., 49 Atl. Rep. 1119. 121. MORTGAGES-Assignee-Notice.-The rule tha

an assignee of a mortgage, to protect himself from payment to the mortgagee, must notify the mortgagor, does not apply to a grantee of the mortgagor who has covenanted to pay the debt.-Schultz v. Sroelowitz, Ill., 61 N. E. Rep. 92.

122. MORTGAGES

Description Indefiniteness. Mere indefiniteness in the discription of land conveyed in a mortgage will not necessarily invalidate it. if certainty can be given the description by evidence of extrinsic facts showing the situation of the parties, etc.-Caston v. McCord, Ala., 30 South. Rep. 431.

123. MORTGAGES-Equity of Redemption.-Where a debtor deeds property to a creditor as security, he still has an equity of redemption in the property.— Platt v. McClong, N. J., 49 Atl. Rep. 1125.

124. MORTGAGES-Foreclosure-Satisfaction.-On fore. closure, where satisfaction of mortgage is alleged, it must be by direct payment, or agreement what the sum supposed to be set off should be received as pay. ment. Provident Life & Trust Co. v. Parrott, N. J., 49 Atl. Rep. 1131.

125. MORTGAGE-Lien.-Where part of mortgaged premises have been held for over 20 years by grantees of the mortgagor without offering to pay interest or principal, or other recognition of mortgage, and with. out entry by the mortgagee, the mortgage held not a lien on such portion.-Wills v. Field, N. J., 49 Atl. Rep. 1128.

126. MORTGAGES-Notice of Foreclosure.-A notice of foreclosure by advertisement, which states the date and the place of record, is sufficient, though it does not state the correct date of the instrument. - Brown v. Burney, Mich., 87 N. W. Rep. 221.

127. MORTGAGES-Payment one Without Authority.-Payment of a mortgage debt to one without authority to receive it held not to satisfy the mortgage. -Schultz v. Sroelowitz, Ill., 61 N. E. Rep. 92.

128. MORTGAGES Redemption. - Where two lots were conveyed by trust deed and subsequently devised to different persons, a judgment creditor of one of such persons held not entitled to redeem the lot devised to the other from sale on foreclosure of such deed, and by so doing he acquired no title thereto which he could have registered under the Torrens law. -Huber v. Hess, Ill., 61 N. E. Rep. 61.

129. MORTGAGES-Sale-Purchase by Trustee.- Where the trustees in a trust deed sell the property to a bank in which they are stockholders and directors, and the grantor sues to set aside the sale as void, injury to the complainant must be averred.-Copsey v. Sacramento Bank, Cal., 66 Pae. Rep. 204.

130. MORTGAGES-Valid Lien.-A mortgage given by an heir, who had acquired a conveyance of the land of his ancestor from another heir, who held under a forged deed, held to be a valid lien on the interest of the two heirs in the mortgaged property.-Cline v. Wixson, Mich., 87 N. W. Rep. 207.

131. MUNICIPAL CORPORATIONS-Annexation.-Under Annexation Act 1889, § 18, ordinances relating to the sale of intoxicating liquors passed by a village before it became annexed to the municipality held to continue in full force and effect.-People v. Harrison, Ill., 61 N. E. Rep. 99.

132. MUNICIPAL CORPORATIONS-Child on Sidewalk. -A child on a sidewalk and indulging in play held a traveler, to whom the city owes the duty of keeping its sidewalks in a reasonably safe condition.-Collins v. City of Janesville, Wis., 87 N. W. Rep. 241.

133. MUNICIPAL CORPORATIONS-Compelling Execution of Trust.-A city which is a devisee in a will held not required to allege, in a complaint filed to compel the trustees to execute the trust, that the corporation counsel was authorized to commence the suit.-City of Seattle v. McDonald, Wash., 66 Pac. Rep. 145.

134. MUNICIPAL CORPORATIONS-County Regulation of Business.-St. 1901, p. 635, held to prevent county sup ervisors from imposing any tax for revenue or for the

regulation of business within the limits of any munic ipality in the county.-Ex parte Pfirrman, Cal., 66 Pac. Rep. 205.

135. MUNICIPAL CORPORATIONS-Notice.-In an action for injuries received on a defective sidewalk, held, that the question whether the city had notice of the defect was for the jury.-Wilkins v. City of Flint, Mich., 87 N. W. Rep. 195.

136. MUNICIPAL CORPORATIONS-State Interference.Act March 21, 1901, giving governor power to appoint commission to redistrict city wards, held unconstitu tional as authorizing regulation of municipal affairs by a commission.-Gilhooly v. City of Elizabeth, N. J., 49 Atl. Rep. 1106.

137. NUISANCE- Liquor Business.-Illegally carrying on liquor business held not a nuisance, and to be enjoined as such, in absence of statute declaring it a nuisance.-Pike County Dispensary v. Town of Brund. idge, Ala., 30 South. Rep. 451.

138. OFFICERS-Extent of Authority.-Acts of public officer are valid only to the extent of the authority actually vested in that officer.-State v. Chilton, W. Va., 39 S. E. Rep. 612.

139. OFFICERS-Sheriff's Fees.-A sheriff, demanding fees, must point to some provision of law authorizing demand.-Torbert v. Hale County, Ala., 30 South. Rep.

453.

140. PARTITION-Validity.-Though oral partition proceedings were void for failure to join one of the parties, and as contrary to the statute of frauds, and not followed by 20 years' possession, held, that the tenants in common could be estopped from denying the validity.-Wescoat v. Wilson, N. J., 49 Atl. Rep. 1112.

141. PARTNERSHIP-Unpaid Subscription.-Liability for corporate stock held not partnership, but individual liability.-Morse v. Pacific Ry. Co., Ill., 61 N. E. Rep. 104.

-

Where

142. PLEADING-Amendment.-Where, in an action for possession of realty, defendants set up a mort. gage to plaintiff and pray its cancellation, plaintiffs may amend by asking a foreclosure of the mortgage. -Roundtree v. Blount, N. Car., 39 S. E. Rep. 631. 143. PLEADING Amendment Surprise. notice of a proposed amendment setting up the defense of res judicata is given before the trial, and the court offers to grant a continuance if the opposite counsel is taken by surprise, the granting of the amendment is not erroneous.-Murphy v. Ganey, Utah, 66 Pac. Rep. 190.

144. PRINCIPAL AND AGENT-Not Taken on Condition. -Holder of note taken by his agent on condition not disclosed to such holder cannot repudiate the condi tion and enforce note.-Andrews v. Robertson, Wis., 87 N. W. Rep. 190.

145. PRINCIPAL AND AGENT-Selling on Credit.-An agent cannot sell on credit, unless authorized by power of attorney or by fixed usuage of trade.-State v. Chilton, W. Va., 39 S. E. Rep. 612.

146. PROCESS-Service on Foreign Corporations.Jurisdiction of an action in a foreign state against a corporation held not obtained by service on a former secretary of the corporation, and judgment rendered thereon will not be enforced in the state. -Thum v. Pyke, Idaho, 66 Pac. Rep. 157.

147. PROHIBITION-Jurisdiction. -An attempted ap. peal from an order overruling a demurrer to a petition to condemn land does not give the supreme court ju

of sale by the state held not to include title lands within the calls of a certain lot, but only in front of, adjacent to, or abutting on the same.-Sheldon Log. ging Co. v. Gosser, Wash., 66 Pac. Rep. 151.

150. QUIETING TITLE-Bill-Allegations.-A bill tiled under Code, §§ 809-813, to quiet title need not contain an offer to do equity.-Sloss-Sheffield Steel & Iron Co. v. Board of Trustee of University of Alabama, Ala., 30 South. Rep. 433.

151. QUIETING TITLE-Proof.-In a suit to quiet title plaintiff must establish the validity of his own title, as well as the invalidity of that of his opponent.Shelton Logging Co. v. Gosser, Wash., 66 Pac. Rep.

151.

152. REFERENCE-Action to Recover Money.-Action to recover moneys collected by defendant on plaintiff's account held to be for a jury, and not for reference. Wilson v. Union Distilling Co., Colo., 66 Pac. Rep. 170.

153. REFERENCE-Excessive Fees.-Trial court's al lowance of fees to referees in partition proceedings held not so excessive as to be an obvious abuse of dis cretion, justifying reversal on appeal.-Treadwell v. Treadwell, Cal., 66 Pac. Rep. 197.

154. REFORMATION OF The reformation of a contract on the ground of mis. take should not be decreed unless there is clear proof of mutual mistake, or mistake of one party induced by the fraud, deception, or wrong of the other party. -Clack v. Hadley, Tenn., 64 S. W. Rep. 403.

INSTRUMENTS-Requisites.

155. RELIGIOUS SOCIETIES - Realty-Possession.-A congregation after taking possession of realty purchased by their trustees, cannot contest the validity of mortgage given for (purchase price.-Rountree v. Blount, N. Car., 39 S. E. Rep. 631.

156. SALES-Failure to Deliver.-Measure of damages for seller's failure to deliver goods to buyer, knowing him to be a retailer, held to be the buyer's profit; otherwise, the difference between the contract and market price.- Denhard v. Hirst, Ky., 64 S. W. Rep.

893.

157. SET-OFF AND COUNTERCLAIM Unliquidated Damages.-On bill to foreclose bond and mortgage on wife's land given as collateral on husband's note, husband cannot, on foreclosure, set up counterclaim for unliquidated damages. -Provident Life & Trust Co. v. Parrott, N. J., 49 Atl. Rep. 1131.

158. SPECIFIC PERFORMANCE-Contract to Maintain Water Stage.-Contract between state canal commissioners and Chicago sanitary district, whereby the latter agreed to maintain the water stage in canal, held not such as equity would specifically enforce.Canal Comrs. v. Sanitary Dist. of Chicago, Ill., 61 N. E. Rep. 71.

159. SPECIFIC PERFORMANCE-Damages. -Court, in an action to enforce specific performance of a contract, held to have power to retain jurisdiction thereof to assess damages for portion not enforceable.-Lyle v. Addicks, N. J., 49 Atl. Rep. 1121.

160. SPECIFIC PERFORMANCE-Inability to Enforce Decree.-Specific performance of an agreement to take down or remove a building will not be decreed, because of the court's inability to see that the work is carried out, and damages at law are an adequate remedy.-Armour v. Connolly, N. J., 49 Atl. Rep. 1117.

161. STATES-Authority of Officer to Bid.-A state is not bound by unauthorized act of public officer.