pulsion is void, "for want of jurisdiction." The other cases cited with this do not make this excep tion. Nevertheless, it belongs to the class mentioned as distinguished from the decisions in Missouri with which it was contrasted in the annotation. For instance, on page 83 of the court's opinion in this case, after the exception just referred to. Magruder, J., says: "It is to be remembered, however, that there is a clear distinction between the obligation to appeal from the lower to the higher tribunals of the society itself resting upon one who presents a ques tion of discipline, and such obligation so far as it concerns one who asserts a claim to money due upon a contract. Where the controversy is concerning the discipline or policy, or doctrine of the order, the member must resort to the method of procedure prescribed by the association including the remedy by appeal, before invoking the power of the courts. But it is otherwise, when a member claims money due from the society on its contract, or where the beneficiary of a deceased member claims money due from the society on its contract." -Ed.]

BOOK REVIEWS.

ABBOTT'S BRIEF ON THE FACTS.

A second edition has just issued from the press of that popular and useful work by Mr. Austin Abbott, entitled A Brief on the Modes of Proving the Facts, most frequently in issue or collaterally in question on the trial of civil or criminal cases. The following quotation sufficiently accounts for the popularity of this work: "To get in our legal evidence and to keep out illegal evidence of the adversary, is the great art of trying causes; and the policy of counsel is to choose among various modes of proof, that evidence which is competent, either of right or in the discretion of the judge, prudent in the face of the adversary, and likely to be not only effective now, but also safe in the case of appeal." This second edition has been sub. stantially enlarged and re-edited with theṭaddition of several new chapters. We commend the book to the profession. One volume of 653 pages and bound in good quality of law sheep. Published by the Lawyers' Co-operative Publishing Company, Rochester, N. Y.

BOOKS RECEIVED.

A Treatise on the Law of Damages for Personal Injuries, Embracing a Consideration of the Princi ples Regulating the Primary Question of Liability, as well as the Measure and Elements of Recovery after Liability Established. By Archibald Robinson Watson, of the New York City Bar, form. erly of the Memphis Bar. The Michie Company, Publishers, Charlotteville, Va., 1901. Sheep, pp. 1014. Price $6.40. Review will follow. Cyclopedia of Law and Procedure. Edited by William Mack and Howard P. Nash. Volume II. New York. The American Law Book Company. London: Butterworth & Co., 12 Bell Yard, 1901. Sheep. Review will follow.

HUMORS OF THE LAW.

Some years ago Mr. Frank Sheetz, the well-known lawyer at Chillicothe, Mo., received a collection from Iowa against a man who had been dead for some time, with instructions to bring suit upon it if pay. ment was refused. He promptly returned the ac

count with the following advice: "Mr. - is dead and in h-1, and as Iowa is nearer that place than Missouri, you had better bring suit in Iowa."

WEEKLY DIGEST.

Weekly Digest of ALL the Current Opinions of ALL the State and Territorial Courts of Last Resort, and of all the Federal Courts ALABAMA, 1, 7, 16, 19, 36, 37, 42, 43, 51, 53, 58, 62, 65, 70, 71, 74, 76, 80, 83, 84, 97, 105, 111, 113, 127, 130, 133, 144, 151, 153, 158, 160, 163, 170, 185, 189, 190, 197, 200 CONNECTICUT.. ...... 86, 108, 132, 149, 194 KENTUCKY, 2, 6, 8, 14, 17, 18, 30, 31, 32, 33, 34, 35, 39, 40, 44, 46, 47, 57, 59, 60, 61, 64, 66, 69, 78, 81, 85, 87, 93, 94, 96, 98, 99, 104, 107, 119, 120, 122, 123, 131, 134, 135, 138, 139, 145, 146, 147, 154, 155, 156, 159, 164, 168, 169, 171, 172, 174, 181, 183, 186, 192, 195, 198, 199, 203, 204, 207 MAINE....

NEW JERSEY.

.9, 27, 41, 100, 150, 179, 191, 206 .48, 114, 175 NORTH CAROLINA, 11, 12, 13, 63, 77, 117, 143, 161, 162, 166,

178, 180, 201 SOUTH CAROLINA.. TEXAS....

..116, 140, 152, 173 54 UNITED STATES C. C., 2, 45, 67, 68, 75, 88, 89, 90, 91, 92, 109, 115, 124, 126, 129, 141, 142, 157, 167, 176, 177, 202 UNITED STATES C. C. OF APP.. ......15, 22, 95, 118, 165 UNITED STATES D. C., 4, 20, 21, 23, 24, 25, 26, 28, 29, 38, 160, 184 VIRGINIA......

50, 72, 79, 82, 112, 125, 182, 193 WEST VIRGINIA, 5, 10, 49, 52, 55, 56, 73, 101, 102, 103, 106, 121, 128, 136, 137, 148, 18 8, 196, 205

1. ABDUCTION Intention to Marry.- Instruction held properly refused, as withdrawing from consid. eration of jury the charge in the indictment that defendant intended to marry the female abducted.Boyett v. State, Ala., 30 South. Rep. 475.

2. ACTION— Installments.-Where one repudiates contract to make payments at certain times, the other party may bring a separate action for installments as they become due.-Peurrung v. Carter-Crume Co., U. S. C. C., S. D. (Ohio), 110 Fed. Rep. 107. 3. ADVERSE POSSESSION - Alley.-Where an alley dedicated for the common use of two lots abutting thereon had been adversely used by the owner of one of the lots for more than 40 years, the rights of others therein were barred by limitations.-Hegan v. Pendennis Club, Ky., 64 S. W. Rep. 464.

4. ALIENS - Chinese Certificate of Residence.-A Chinese laborer, having a certificate of residence under Act Cong. May 5, 1892, is entitled to remain in the country, though he has no certificate under Act Cong. Nov. 3, 1893.-United States v. Jung Jow Tow, U. S. D. C., D. (Oreg.), 110 Fed. Rep. 154.

5. APPEAL-Remarks of Counsel.-Remarks of counsel, where no objection is taken, cannot be reviewed on appeal.-State v. Mooney, W. Va., 39 S. E. Rep. 657. 6. APPEAL AND ERROR-Amendment of Answer.-The action of the court in sustaining demurrer to certain paragraphs of an answer was not prejudicial, where the answer was amended and issue then joined upon its averments.-Atkeson v. Salyer, Ky., 64 S. W. Rep. 443.

7. APPEAL AND ERROR-Bill of Exceptions.-On ap. peal from judgment of nonsuit, only such adverse rulings compelling nonsuit as are properly reserved by bill of exceptions will be reviewed.-Chastain v. Porter, Ala., 30 South. Rep. 492.

may be examined on motion.-Pierce v. Rodliff, Me., 50 Atl. Rep. 32.

10. APPEAL AND ERROR-Evidence.-Where issues are questions of fact, decree of circuit court will not be disturbed, unless clearly against preponderance of evidence.-Bailey v. Calgee, W. Va., 39 S. E. Rep. 642. 11. APPEAL AND ERROR- Exceptions Too General.Under Code, § 550, where there are several questions of law involved, exceptions in a case on appeal merely "to the charge as given" will be disregarded as too general.-Mitchell v. Baker, N. Car., 39 S. E. Rep. 633. 12. APPEAL AND ERROR - Notice of Appeal.-Judg. ment having been entered on a note in favor of the usee, an appeal held ineffectual, where the notice of appeal was served only on the payee, in whose name the suit was brought.-Barden v. Pugh, N. Car., 39 S. E. Rep. 724.

13. APPEAL AND ERROR-Refusal to Remove Cause.An appeal from an order refusing to remove a cause to another county for trial, aken at the time of the entry of the order, is not premature.-Connor v. Dillard, N. Car., 39 S. E. Rep. 641.

14. APPEAL AND ERROR-Transfer to Equity.-An exception to an order sustaining a motion to transfer to equity will not authorize a review of that ruling on appeal, unless an objection was first made.-Spencer v. Society of Shakers, Ky., 64 S. W. Rep. 468.

15. APPEAL AND ERROR-Want of Evidence.-The question whether there was any evidence tending to prove the facts found may be considered on writ of error.-King v. Smith, U. S. C. C. of App., Ninth Cir cuit, 110 Fed. Rep. 95.

16. ASSISTANCE, WRIT OF-Delay.-An alias writ of assistance should be refused to a purchaser of land under a decree of court after several years' delay and after the original writ had been returned executed.-Ex parte Forman, Ala., 30 South. Rep. 480.

17. ASSUMPSIT, ACTION OF-Parol Lease.- Where defendant refused to comply with a void parol contract to lease land, the remedy of plaintiff was upon a quantum meruit, for the value of his services in preparing the land and putting in a crop; defendant having agreed to pay for them when he refused to carry out the contract.-Thomas v. McManus, Ky., 64 S. W. Rep. 446.

18. ATTORNEY AND CLIENT - Improper Relation.While it is improper for an attorney to occupy incon. sistent positions in a suit without the consent of the parties, yet a party who has consented thereto cannot refuse to pay for the services rendered for him.— Brodie v. Parsons, Ky., 64 S. W. Rep. 426.

19. BAIL-Sureties.-Failure of grand jury to prefer indictment held not to discharge sureties of defendant, where case was regularly entered and order of continuance made.-State v. Fuller, Ala., 30 South. Rep. 506.

20. BANKRUPTCY-Assignment.-Assignment for benefit of creditors held an act of bankruptcy.-Green River Deposit Bank v. Craig, U. S. D. C., D. (Ky.), 110 Fed. Rep. 137.

21. BANKRUPTCY-Chattel Mortgage-Preference. -A chattel mortgage by a merchant on stock, he retaining possession and paying living expenses and debts from proceeds, held within Bankr. Act 1898, § 67e, and void on adjudication in bankruptcy within four months thereafter.-In re Platts, U. S. D. C., D. (S. Dak.), 110 Fed. Rep. 126.

22. BANKRUPTCY Exemptions State Laws.-A bankrupt, entitled by the state statute to select property as exempt, not exceeding a certain value, and who has selected property of less value, may claim the remaindar from a sum of money surrendered to the trustee by a creditor as the proceeds of a prefer ence received.-In re Falconer, U. S. C. C. of App., N. D. (Ga.), 100 Fed. Rep. 111.

all the assets are partnership assets, the separate creditors are entitled to vote. In re Beck, U. S. D. C., D. (Mass.), 110 Fed. Rep. 140.

24. BANKRUPTCY Priority of Wages.-Ballinger's Ann. Codes & St. Wash. § 5919, entitles a traveling salesman for a bankrupt lumber company to priority of payment for wages earned within six months prior to the bankruptcy, as a debt of the rank described by Bankr. Act 1898, § 64b, cl. 5.-In re Lawler, U. 8. D. C. D. (Wash.), 110 Fed. Rep. 135.

25. BANKRUPTCY-Referee-Exceptions.-In excepting to findings of fact or conclusions of law by referee in bankruptcy, the errors should be specifically pointed out.-In re Covington, U. S. D. C., E. D. (N. Car.), 110 Fed. Rep. 143.

26. BANKRUPTCY-Smelter Company - "Manufacturing."-A corporation, whose chief business is the operation of a smelter, is "engaged principally in manufacturing," within the meaning of Bankr. Act 1898, § 4b, and may be adjudged a bankrupt.- In re Tecopa Mining & Smelting Co., U. S. D. C., S. D. (Cal.), 110 Fed. Rep. 120.

27. BANKRUPTCY-State Courts-Jurisdiction.- When bankruptcy act became operative, July 1, 1898, the jurisdiction of the state courts to determine insolvent cases not then pending was at an end.-First Nat. Bank v. Ware, Me., 50 Atl. Rep. 24.

28. BANKRUPTCY - Vested Remainders.-Where devise is made to mother, and at her death to her surviving children, a child has a vested remainder, which, on his bankruptcy before death of his mother, passes as part of the bankrupt estate. In re Twaddell, U. S. D. C., D. (Del.), 110 Fed. Rep. 145.

29. BANKRUPTCY-Wife's Claims.-The wife of a bankrupt is not estopped, as against his general creditors, to claim her interest in lands to which her husband held a bond for a deed, in which she was in fact half owner, by representations made by him without her knowledge or consent. In re Garner, U. S. D. C., N. D. (Ga.), 110 Fed., Rep. 123.

Non-Payment of

30. BENEFICIAL ASSOCIATIONS Dues.-A member in default as to payment of dues continues to be a member in good standing until suspended or expelled, and until then is entitled to sick benefits.-Rogers v. Union Benev. Soc. No. 2, Ky., 64 S. W. Rep. 444.

31. BILLS AND NOTES-Defense.-Where a note sued on did not on its face purport to be made by defendant, a denial of extrinsic matter contained in the peti tion and essential to a cause of action held to present a good defense.-Spencer v. Society of Shakers, Ky., 64 8. W. Rep. 468.

32. BOUNDARIES-Parol Division.-A parol agreement between adjoining owners, flxing the dividing line between their lands, is valid when executed, and will be upheld.-Campbell v. Campbell, Ky., 64 S. W. Rep. 458.

33. BUILDING AND LOAN ASSOCIATIONS-Assignment. -An insolvent building association may make an assigament for the benefit of its creditors, and in determining its insolvency for that purpose its liability to its stockholders is to be considered.- United States Bldg. & Loan Assns.' Assignee v. Jones, Ky., 64 S. W. Rep. 447.

34. CARRIERS-Authority.-A carrier, after acting upon a contract with knowledge of the fact that it had been made by a clerk assuming to act as general pas. senger agent, cannot deny his authority.-Southern Ry. Co. v. Marshall, Ky., 64 S. W. Rep. 418.

35. CHAMPERTY AND MAINTENANCE-Conveying Ease. ments.-Ky. St. § 210, providing that all sales of any lands of which any other person has adverse possession shall be void, does not apply to conveyances of private easements.-Hegan v. Pendennis Club, Ky., 64 S. W. Rep. 464.

possession held not to render the mortgage invalid, if the debt was a bona fide one.-Kidd v. Morris, Ala., 30 South. Rep. 508.

37. COLLEGES AND UNIVERSITIES-Appointment of Trustees.-Under Const. art. 13, § 9, appointment of trustees of University of Alabama without advice and consent of senate is unathorized.-State v. Foster, Ala., 30 South. Rep. 447.

38. COLLISION-Use of Signal.-Use by vessel at anchor, and not in extremis, of a passing signal is a gross fault.-The Maling, U. S. D. C., D. (Del.), 110 Fed. Rep. 227.

39. COMMERCE-Compelling Foreign Corporation to Become Resident.-A statute requiring a foreign railroad corporation to become a resident corporation as a condition of its right to continue to operate that part of its road within the state is not an interference with interstate commerce.-Commonwealth v. Mobile & O. R. Co., Ky., 94 S. W. Rep. 451.

40. COMPROMISE AND SETTLEMENT-Consideration.A controversy as to the title to property, in order to constitute a consideration for a compromise or a family settlement, must be a real one, and the question must be one about which well-informed lawyers and judges might easily differ.-Bunnell v. Bunnell, Ky., 64 S. W. Rep. 420.

41. COMPOSITION WITH CREDITORS-Assent of Cred. itors.-Creditors assenting to composition held not thereby to become parties to prior assignment of the debtor for the benefit of creditors.-First Nat. Bank v. Ware, Me., 50 Atl. Rep. 24.

Public

with

43. CONTRACTS Policy.-Agreement third party to present claim against the United States for property destroyed during the Civil War, in which he had no interest, such third party to have one-half of the proceeds thereof, held against public policy and unenforceable.-Spotswood v. Bentley, Ala., 30 South. Rep. 493.

44. CONVICT8-Work and Labor.-When a workshop in the penitentiary has been burned, the convicts employed there may be temporarily worked outside the walls in another building until the burned building can be replaced.-Harris v. Commonwealth, Ky., 64 S. W. Rep. 434.

45. CORPORATIONS · Cancellation of Stock.-The averments of a bill by a stockholder for the cancellation of stock alleged to have been fraudulently issued held insufficient to entitle complainant to maintain the suit.-Bimber v. Calivada Colonization Co., U. S. C. C., W. D. (Pa.), 110 Fed. Rep. 59.

46. CORPORATIONS-Logs and Logging-Recovery.An action against a corporation to recover logs and damages for their taking was properly brought in the county in which they were alleged to have been wrongfully taken and held by defendant.-Hileman v. Day Bros. Lumber Co., Ky., 61 S. W. Rep. 419.

47. COVENANTS-Breach of Warranty.-A judgment for the recovery of land under an agreement between the parties does not entitle defendant to an action against his vendor for breach of warranty.-Vincent v. Hicks, Ky., 64 S. W. Rep. 456.

48. COVENANTS-Right to Enforce.-Where a deed contains a restriction for the benefit of the vendor's remaining land, the right to enforce the same passes to a subsequent grantee of the vendor.-Hemsley v. Narlborough Hotel Co., N. J., 50 Atl. Rep. 14.

49. CRIMINAL EVIDENCE-Circumstantial.-A person may be convicted of crime on circumstantial evidence alone.-State v. Sheppard, W. Va., 39 S. E. Rep. 676.

50. CRIMINAL LAW-Bar to Further Prosecution.-A trial and conviction before a police justice, which is

set aside in the hustings court on the defendant's appeal for defects in the indictment, held not a trial on the merits, which would bar a further prosecution.Watts v. Commonwealth, Va., 39 S. E. Rep. 706.

Court's

51. CRIMINAL LAW- Instructions.-Where oral charge is too favorable to defendant, the fact that conclusions of such charge may be erroneous is no ground for reversal of judgment of conviction.Boyett v. State, Ala., 30 South. Rep. 475.

52. CRIMINAL LAW-Self Defense.-Question of selfdefense held a jury question, and verdict against that defense will rarely be set aside.-State v. Newman, W. Va. 39 S. E. Rep. 655.

53. CRIMINAL LAW-Void Warrant.-Warrant of ar rest directing special constable to arrest person for assault, held not void for any defect on its face.Parish v. State, Ala., 30 South. Rep. 474.

54. CRIMINAL TRIAL-Absence of Defendant.-Refusal of a new trial on the ground that defendant was by unavoidable casualty prevented from being present and making defense cannot be reviewed on appeal.-Webb v. Commonwealth, Ky., 64 S. W. Rep. 451. 55. CRIMINAL TRIAL-Absence of Prisoner.-In case of felony, it is reversible error to proceed with examination of witnesses in absence of prisoner.-State v. Sheppard, W. Va., 39 S. E. Rep. 676.

56. CRIMINAL TRIAL-Change of Venue.-Burden of proof is on accused to show cause for removal of trial to a county other than that in which the crime is committed.-State v. Sheppard, W. Va., 89 S. E. Rep. 676.

common

57. CRIMINAL TRIAL-Illustration.-The wealth's attorney, in the course of his argument on a trial for murder, can have a man stand before the jury for the purpose of illustrating with an empty pistol that the shots could not have been fired as claimed by accused.-Herron v. Commonwealth, Ky., 64 S. W. Rep. 432.

58. CRIMINAL TRIAL-Rulings-Exceptions. It is essential to review of the rulings on charges requested, in the absence of exceptions thereto, that the rulings be assigned as error.-Williams v. State, Ala., 30 South. Rep. 484.

Penalty.-Under

59. CRIMINAL TRIAL-"Working" Ky. St. § 1377, defendant cannot complain that the jury, without an instruction authorizing them to do so, returned a verdict inflicting the working penalty. -Johnson v. Commonwealth, Ky., 64 S. W. Rep. 467. 60. DEEDS-Cancellation.-The chancellor properly canceled a deed executed in consideration of the grantee's agreement to support the grantor's father; it appearing that the grantees had broken their agreement by maltreating the father.-Bevins v. Keen, Ky., 64 S. W. Rep. 428.

61. DEEDS-Conflict in Terms.-Where the granting and habendum clauses of a deed passed the fee, a limitation in the granting part which was inconsistent therewith was void.-Ray v. Spears' Exr., Ky., 64 S. W. Rep. 413.

62. DEEDS-Delivery.-Deeds become effectual only from date of delivery.-Fitzpatrick v. Brigman, Ala., 30 South. Rep. 500.

63. DEED-Fee Simple.-Deed in which a widow holding a life estate and her children joined held to pass a good title in fee-simple.-Pender v. Pender, N. Car., 39 S. E. Rep. 640.

64. DEEDS-Presumption of Delivery.-Where the grantor has executed and acknowledged a deed, and caused it to be recorded, a rebuttable presumption arises that the deed was delivered on the day of its date.-Bunnell v. Bunnell, Ky., 64 S. W. Rep. 420.

65. DEEDS-Subsequent Alterations.-Where a deed has been delivered, it passes title which cannot be devested by subsequent alterations in the deed.-Gulf Red Cedar Co. v. O'Neal, Ala., 80 South. Rep. 466.

66. DEPOSITIONS-Opinions of Witness.-Exceptions were properly sustained to portions of a deposition

which were op nions of the witness upon questions of e v. Finley's Exr., Ky., 64 S. W. Rep. 439. 67. DISCOVERY-Insufficient Allegations. -A bill for discovery held insufficient, in failing to allege facts

ng the validity of the contract in aid of which it ought.-American Ore Machinery Co. v. Atlas Cement Co., U. S. C. C., D. (N. J.), 110 Fed. Rep. 58. 68. DISCOVERY-Production of Books.-The court will not act favorably on an application for production of books and papers, ambiguous on its face, or not conforming to Rev. St. § 724.-Victor G. B oede Co of Baltimore City v. Joseph Bancroft & Son Co., U. S. C. C., D. (Del.), 110 Fed. Rep. 76.

69. DISMISSAL AND NONSUIT-Defective Statement.A defective statement of a cause of action cannot be taken advantage of by a motion to dismiss.- Hileman v. Day Bros. Lumber Co., Ky., 64 S. W. Rep. 419.

70. DISTRICT AND PROSECUTING ATTORNEYS-Deputies.-Under Acts 1882 83, p. 647, providing for prosecu. tions of offense in the county court, and imposing on the judge the power of appointing a solicitor pro tem, in the absence of the so citor, a deputy cannot represent the state in the prosecution of misdemeanors.Douglass v. Prowell, Ala., 30 South. Rep. 498.

7. EJECTMENT-Burden of Proof.-Plaintiff in e ectment must recover on the strength of his own title.Bromberg v. Smee, Ala., 30 South. Rep. 483.

72. EJECTMENT-Right of User-Ejectment will not lie to recover a mere right of user in lands sold to a railway for railway purposes, which right only exists until the railway elects to use the same.-King v. Norfolk & W. Ry. Co., Va., 29 S. E. Rep. 701.

73. ELECTION-Mandatory Provisions.-The provis ions of Code, ch. 3, § 34, requiring the names of all persons for whom the voter desires to vote to be placed on one column, all other columns to be defaced, are mandatory.-Daniel v. Simms, W. Va., 39 S. E. Rep. 690.

74. EMINENT DOMAIN-Street Railway.-Construction of electric street railway with consent of municipal authorities held not an imposition of additional servi tude for which an abutting owner can demand compensation.-Baker v. Selma St. & S. Ry. Co., Ala., 30 South. Rep. 464.

75. EQUITY-Declaring a Contract.-A court of equity cannot entertain a suit merely to declare the existence and terms of a contract, where no facts are alleged or shown which would warrant the granting of any sub. stantive relief.-McCormick v. McDonald, U. S. C. C., S. D. (N. Y.), 110 Fed. Rep. 50.

76. EQUITY-Dismissal of Bill.-Bill dismissed, without prejudice, on failure of complainants to offer to ac count for benefits received from sale, for which they seek to set aside.-Marx v. Clisby, Ala., 30 South. Rep. 517.

77. EQUITY-Laches.-Where testators devised land to his wife for life, with limitation on the coming of age of any of his sons or on her remarriage, and some of the children acquiesced in the occupation of the land for more than 50 years after their coming of age, their rights were barred by laches.-Wainwright v. Massenburg, N. Car., 39 S. E. Rep. 725.

78. EQUITY-Maxim.-The maxim that "they who seek equity must do equity" applies to an infant as a condition of court's action in her behalf.-Bunnell v. Bunnell, Ky., 64 S. W. Rep. 420.

79. EQUITY Multifariousness. Bill to establish trust in certain lands, and to recover rents and profits, and to assess dower, and to recover purchase money alleged to be due, held multifarious.-Bailey v. v. Calfee, W. Va., 39 S. E. Rep. 642.

80. EQUITY-Parties.-Where bill is filed to enforce rights of children of decedent, and the administrator of a deceased child and her surviving children are made parties, it is not necessary that the husband of the deceased child be made a party.-Gulf Red Cedar Co. v. O'Neal, Ala., 30 South. Rep. 466.

81. ESCAPE-Allegation of Cause.-An indictment against a convict for escaping from custody while out under guard need not allege the cause for which the convict was out under guard or the length of the term for which he was convicted.-Harris v. Commonwealth, Ky., 64 S. W. Rep. 434.

82. ESCAPE-Negligence of Sheriff.-Evidence held sufficient to sustain the conviction of a sheriff for negligently allowing a prisoner to escape.-Watts v. Commonwealth, Va., 39 S. E. Rep. 706.

83. ESTOPPEL-Covenants of Warranty.-Wife, joining in conveyance to release her dower, held not bound by covenants of warranty.-Threefoot v. Hillman, Ala., 30 South. Rep. 513.

81. EVIDENCE-Intent.-Where, in ejectment, the question was as to the sufficiency of delivery, evidence of grantor as to intent in delivering deed to his attor ney, held inadmissible.-Fitzpatrick v. Brigman, Ala., 30 South. Rep. 500.

85. EVIDENCE-Possession.-Evidence that a paper purporting to be the assignment of a judgment to one claiming as assignee had been seen in his possession was incompetent, without proof of its execution.— Hagins v. Arnett, Ky., 64 S. W. Rep. 430.

86. EVIDENCE-Remarks of Attorney.-Evidence of remarks made by attorney without the scope of his employment held inadmissible in evidence.-Town of Waterbury v. Waterbury Traction Co., Conn., 50 Atl. Rep. 3.

87. EXEMPTIONS-Defense.-That a debtor, claiming exemptions out of attached property, appropriated after the attachment a part of the property of greater value than the exemptions claimed, constitutes a complete defense.-Strange v. Gess, Ky., 64 S. W. Rep. 458.

88. FEDERAL COURTS Foreclosure-Supplemental Bill. A supplemental bill may be filed in a mortgage, foreclosure suit in the federal court to enjoin an action in a state court against the mortgagor and pur. chaser on a pre-existing claim, and to enforce a lien on the property, notwithstanding Rev. St. § 720.-State Trust Co. v. Kansas City, P. & G. R. Co, U. S. C. C.. W. D. (Mo.), 110 Fed. Rep. 10.

89. FEDERAL JURISDICTION-Corporation Inhabitant. -A corporation of one state is not, for the purpose of federal jurisdiction, under Act Cong. March 3, 1887, as amended by Act Cong. Aug. 13, 1888, an inhabitant or resident of another state, in which it has a usual place of business.-United States v. S. P. Shotter Co., U. S. C. C., S. D. (Ala.), 110 Fed. Rep. 1.

Diverse Citizenship.

90. FEDERAL JURISDICTION A stockholder who is a resident of another state cannot maintain a suit in a federal court in the state of which the corporation is a citizen against the corpo. ration and others, who are residents of a third state, to set aside an alleged illegal contract between the corporation and its co defendants.-Lengel v. American Smelting & Refining Co., U. S. C. C., D. (N. J.), 110 Fed. Rep. 19.

91. FEDERAL JURISDICTION - Limits.-The federal courts must determine for themselves the limits of their jurisdiction, and as to such question the Supreme Court of the United States is the final arbiter.-Starr v. Chicago, R. I. & P. Ry. Co., U. S. C. C., D. (Neb.), 110 Fed. Rep. 3.

92. FEDERAL JURISDICTION-Protection of Riparain Rights. A federal court of equity held to have jurisdiction of a suit for the protection of riparian rights, and as incidental thereto, to enjoin the prosecution of actions of ejectment against the complainant in a state court.-Sullivan Timber Co. v. City of Mobile, U. S. C. C., S. D. (Ala.), 110 Fed. Rep. 186.

93. FRAUDS, STATUTE OF-Antenuptial Agreement.— A parol antenuptial agreement, by which each party relinquishes all interest in the estate of the other, is within the statute of frauds, and void.-Powell's Admr. v. Meyers, Ky., 64 8. W. Rep. 428.

94. FRAUDS, STATUTE OF-Parol Lease.-A parol contract for a lease for one year, to begin at a future date, is within the statute of frauds.-Thomas v. McManus, Ky., 64 S. W. Rep. 446.

95. GIFTS-Donor Unconscious. It is immaterial that delivery to donee is while the donor is unconscious, he having directed the delivery to be made.-King v Smith, U. 8. C. C. of App., Ninth Circuit, 110 Fed. 95.

96. GUARDIAN AND WARD-Settling Controrsy.Under Gen. St., ch. 80, art. 2, a guardian had o power to settle ontroversy concerning the lands of his ward without the approbation, of court.-Bunnell v. Bunnell, Ky., 64 S. W. Rep. 420.

97. HABEAS CORPUS

Jurisdiction.-Under Code, § 4817, the probate judge, in county where party is con. fined in jail or by order of circuit court pending investigation by grand jury, has no jurisdiction to issue a writ of habeas corpus on petition of such party.-Hall v. State, Ala., 30 South. Rep., Ala, 502.

98. HIGHWAYS Abandonment.-Where a highway had not been used for 33 years, and trees had grown up therein, so that it was impassable by a vehicle, and other highways were provided and used by the public, there was an abandonment of the highway.-Phillips v. Lawrence, Ky., 64 S. W. Rep. 411.

99. HIGHWAYS-Lien-Street Not Dedicated.-No lien can arise against abutting property for the cost of im. proving that part of a street which had not been dedicated.-Bodley v. Finley's Exr., Ky., 64 S. W. Rep,

439.

100. HOMICIDE-Accused-Waiver of Rights.-A person on trial for murder waives none of his legal rights.-State v. Oakes, Me., 50 Atl. Rep. 28.

101. HOMICIDE-Declarations of Accused.-Evidence of declarations of accused, which he denies having made and which did not relate to the homicide are inadmissible.-State v. Sheppard, W. Va., 39 S. E. Rep.

676.

102. HOMICIDE-Evidence.-It is proper to ask a wit ness if he was a member of the coroner's jury on the inquest held over the child alleged to have been killed by accused.-State v. Sheppard, W. Va., 39 S. E. Rep. 676.

103. HOMICIDE - Evidence-Conversation.-On trial for murder, evidence of acts and conversations of accused prior to homicide held admissible, when tending to establish motive or the intent to commit the crime.-State v. Sheppard, W. Va., 39 S. E. Rep. 676.

104. HOMICIDE-"Fault."-It was error to leave to the jury the determination of the question as to what was the "fault" of the brother without an instruction to guide them.-Cornelius v. Commonwealth, Ky., 64 S. W. Rep. 412.

105. HOMICIDE Reasonable Doubt.-Evidence on trial for murder, held to justify instruction that, if the jury believe the evidence beyond a reasonable doubt, they must convict.-Williams v. State, Ala., 30 South. Rep. 484.

106. HOMICIDE-Self-Defense.-On trial for murder, where self-defense is relied on by defendant, the jury must consider all evidence tending to prove it.— State v. Johnson, W. Va., 39 S. E. Rep. 665.

107. HUSBAND AND WIFE-Postnuptial Agreements. -A postnuptial agreement held to exclude the husband from any nterest in the wife's estate, not only during her life, but after her death.-Powell's Admr. v. Meyers, Ky., 64 S. W. Rep. 428.

108. INDEMNITY-Payment of Judgment.-In an action to recover indemnity for payment of a judgment and expenses of a suit, evidence as to defendant's attorney having advised certain steps held admissible to show that the expense incurred was reasonably neces sary.-Town of Waterbury v. Waterbury Traction Co., Conn., 50 Atl. Rep. 3.

is not within Act. Cong. Jan. 30, 1897, prohibiting sale of liquors to Indians for whom the United States holds title to land in trust.-United States v. Kopp, U. S. D. C., D. (Wash.), 110 Fed. Rep. 160.

111. INDICTMENT AND INFORMATION-Misdemeanor.Under Const. art 1, § 9, the general assembly can provide that, where a prosecution for misdemeanor is begun by affidavit in the county court, the case may be transferred to the circuit court, and there tried without action by the grand jury.-Witt v. State, Ala., 30 South. Rep. 473.

112. INDICTMENT AND INFORMATION-Sufficient Record. A record entry in a hustlings court, ordering an indictment to be certified to the police justice for trial held a sufficient record of the presentment of the indictment.-Watts v. Commonwealth, Va., 39 S. E. Rep.

706.

113. INFANTS-Repudiating Sale.-Equity has power to elect for infant, and will not allow him to hold proceeds of an unauthorized sale of his property and repudiate the sale.-Marx v. Clisby, Ala., 30 South. Rep. 517.

114. INJUNCTION-Estoppel.-Plaintiff in an action to enjoin building of hotel in violation of a restriction, held estopped.-Hemsley v. Marlborough Hotel Co., N. J., 50 Atl. Rep. 14.

115. INJUNCTION-Invasion of Property Rights.-A court of equity has jurisdiction to grant an injunction to prevent the threatened invasion by a city of the property rights of the owners of wharves within its limits by the adoption of an ordinance prohibiting the charging of wharfage for their use.-Leverich v. City of Mobile, U. s. C. C., S. D. (Ala.), 110 Fed. Rep. 170. 116. INSURANCE Insurable Interest.-Person contracting to build a house}{and furnish materials held to have insurable interest.-Ulmer v. Phoenix Fire Ins. Co., S. Car., 39 S. Rep. 712.

117. INSURANCE Service of Process.-The power of attorney given to the insurance commissioner by a foreign company, authorizing service of process on him, held irrevocable.-Moore v. Mutual Reserve Fund Life Assn., N. Car., 39 S. E. Rep. 637.

118. INSURANCE-Warranties or Representations.In a case of doubt as to whether statements made by an applicant for insurance are to be regarded as warrants, the benefit of the doubt will be given to the insured, and they will be held as representations merely as to all things not material to the risk.-McClain v. Provident Sav. Life Assur. Soc., U. S. C. C. of App., Third Circuit, 110 Fed. Rep. 80.

119. INTOXICATING LIQUORS - Evidence.-Under an indictment charging the offense of selling liquor to I, defendant cannot be convicted upon proof of a selling to H, though I furnished the money to pay for the liquor.-Cornett v. Commonwealth, Ky., 64 S. W. Rep.

415.

120. INTOXICATING LIQUORS - Local Option.-Where the person procuring whisky for another acted as agent for the seller, as well as of the buyer, and the means by which he procured the liquor was a device to evade the local option law, he is guilty of violating the law. Penner v. Commonwealth, Ky., 64 S. W. Rep. 435.

121. JUDGES Special Judge.- Where special judge is absent, and a second special judge is elected, it will be presumed there was reason therefor, though none is shown by the record.-State v. Newman, W. Va., 39 S. E. Rep. 655.