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which were op nions of the witness upon questions of
ev. Finley's Exr., Ky., 64 8. 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.O.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. 8 724.-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-Detective 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-Depu. ties.-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 repre: sent the state in the prosecution of misdemeanors.Douglass v. Prowell, Ala., 30 South. Rep. 498.
77. EJECTMENT-Burden of Proof.-Plaintiff in e ect. ment 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. Nor. folk & W. Ry. Co., Va., 29 S. E. Rep. 701.
73. ELECTION-Mandatory Provisions.-The provis. ions of Code, ch. 3, $ 31, 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 abatting 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, with. out 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 testatorg deviged land to his wife for life, with limitation on the coming of age of any of his song 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 behall.-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 wag 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, join. ing in conveyance to release her dower, held not bound by covenants of warranty.-Threefoot v. Hill. man, Ala., 30 South. Rep. 513.
84. 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. Gegs, Ky.,64 8. 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 ac. tion 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.O.C.. W.D. (Mo.), 110 Fed. Rep. 10.
89. FEDERAL JURISDICTION-Corporation Inbabitant. -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.
90. FEDERAL JERISDICTION - Diverse Citizenship.A stock bolder who is a resident of another state can. not maintain a suit in a federal court in the state of wbich 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. Ameri. can 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
arisdiction, 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 juris. diction 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.O., 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 con. tract 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.S.C.C. of App., Ninth Circuit, 110 Fed. , 95.
96. GUARDIAN AND WARD-Settling Contrrorsy. Under Gen. St., ch. 80, art. 2, a guardian haa .0 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, $ 4917, the probate judge, in county where party is con. fined in jail or by order of circuit court pending inves. tigation 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.-Philips 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 dedi. cated.-Bodley y. Finley's Exr., Ky., 64 S. W. Rep, 439.
100. HOMICIDE-Accused-Waiver of Rights.-A per: son on trial for murder waives none of his legal rights.-Statev. 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 in admissible.-State v. Sheppard, W. Va., 39 8. E. Rep. 676.
102. HOMICIDE-Evidence.-It is proper to ask a wit. ness it 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 or murder, evidence of acts and conversations of ac. cused prior to homicide held admissible, when tend. ing to establish motive or the intent to commit the crime.-State v. Sheppard, W. Va., 39 8. 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--Sell.Defense.-On trial for murder, where sell-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 hus. band 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 sult, evidence as to defendant's attorney having advised certain steps held admissible to show that the expense incurred was reasonably neces. gary.-Town of Waterbury v. Waterbury Traction Co., Conn., 50 Atl, Rep. 3.
109, INDIANS-Allotment.-Act August 15, 1894, confers on a circuit court of the United States jurisdiction to decree relief to an Indian, entitled under the law to an allotment of certain lands, of which right he has been deprived by the rulings of the land department.
- Smith v. He-yu-tse-mil-kin, U.S. C. C., D. (Oreg.), 110 Fed. Rep. 6
110. INDIANS-Sale of Liquorg.--A uyallup Indian 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 be. gun by atidavit in the county court, the case may be transferred to the circuit court, and there tried with out action by the grand jury.-Witt v. State, Ala., 30 South. Rep. 473.
112. INDICTMENT AND INFORMATION-Sufficient Rec. ord.-A record entry in a hustlinge court, ordering an indictment to be certified to the police justice for trial held a sufficient record of the presentment of the in. dictment.-Watts v. Commonwealth, Va., 39 S. E. Rep. 706.
113. INFANTI-Repudiating Sale.- Equity has power to elect for infant, and will not allow him to hold pro. ceeds of an unauthorized sale of his property and re. pudiate the sale.-Marx v. Clisby, Ala., 30 South. Rep. 517.
114. INJUNCTION-Estoppel.-Plaintiff in an action to epjoin building of hotel in violation of a restriction, held estopped.-Hemsley v. Marlborough Hotel Co., N. J., 50 Atl. Rep. 14.
115. INJONCTION-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. 0. 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. Phenix Fire Ing. 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 bim, held irrevocable.-Moore v. Mutual Reserve Fund Life Assn., N. Car., 39 8. 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 war. rants, the benefit of the doubt will be given to the in. sured, 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. 0. C. of App., Third Circuit, 110 Fed. Rep. 80.
119. INTOXICATING LIQUORS - Evidence.-Under an indictment charging tbe 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. 485.
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 y. Newman, W. Va., 39 S. E. Rep. 655.
122. JODGMENT – Conclusiveness.-The fact that the court retnged to hear any evidence in an action in which a judgment sought to be enforced was ren. dered, and refused defendant's demand for a jury trial, states no defense, as the judgment is conclusive until reversed or vacated.-Bell Co. v. Foley, Ky.,64 S. W. Rep. 433.
123. JUDGMENT -- Mortgages - Foreclosure - Interveners.- Where a foreclosure decree in the federal court provided that the purchaser should be entitled to litigate in that suit the claims of interveners, the interveners could not escape that provision by dis. missing their petition without prejudice and resort. ing to another forum.-Tolle v. Owensboro, etc. R. Co., Ky., 64 S. W. Rep. 455.
124. JUDGMENT — Nonsult.-On non-compliance by one party with an order for production of papers, the remedy is restricted to a judgment of nonsuit or by default.-Bloede Co. of Baltimore City v. Bancroft & Sons Co., U.S. C. C., D. (Del.), 110 Fed. Rep. 76.
125. JUDGMENT – Res Adjudicata.-A suit construing certain deeds and the rights of the parties thereunder will not be considered res judicata of an action of ejectment founded on an alleged breach of the condition of the deeds.-King v. Norfolk & W. Ry. Co., Va., 39 S. E. Rep. 701.
126. Jury-Constitutional Guaranty.-Const. U. S. Amend. arts. 5, 6, relating to trial by jury, apply to federal, and not to state courts.-Williams v. Hert, U. 8. C. C., D. (Ind.), 110 Fed. Rep. 166.
127. JUSTICE OF THE PEACE - Criminal Jurisdiction. - A justice of the peace is without authority to review an order of the circuit court remanding one accused of crime to await investigation by grand jury, or to change the amount of bail bond fixed by the order.Hall v. State, Ala., 30 South, Rep. 502.
128. JUSTICE OF THE PEACE - Examination.-Under Code, ch. 156, § 12, a justice must examine any person brougnt before him for an offense, if demanded, as soon as may be.- Harper v. Harper, W. Va., 39 S. E. Rep. 661.
129. LANDLORD AND TENANT - Liability of Lessor for Defects.-Lessors of a building, not having known of a defect therein whereby the ceiling fell, held not lia. ble to persons present therein by license of lessee, and injured thereby.-Dyer v. Robinson, U.S.O.O., 8. D. (Ohio), 110 Fed. Rep. 99.
130. LANDLORD AND TENANT – Title of Tenant.-Be. tore tenant can assert title to rented premises he must surrender possession.-Davis v. Williams, Ala., 30 South. Rep. 488.
131. LIFE TENANT – Repairs.-The life tenant must alone pay the cost of repairing a sidewalk in front of the property, where the old pavement had been worn out by long use. -Brodie v. Parsons, Ky., 64 8. W. Rep. 426.
132. LIMITATION OF ACTIONS — Destroying Timber.Under Gen. St. 1898, § 1879, suit brought for destroying timber under section 1345 is not barred within one year.-Plumb v. Griffith, Conn., 50 Atl. Rep. 1.
183. LIMITATION OF ACTIONS — Negligence of Attor. ney.-Limitations held not a bar to action against at. torney, who had collected money for the estate of a non-resident, because of failure to acquire knowledge of such collection at an earlier date.-Bromberg v. Sands, Ala., 30 South. Rep. 510.
134. LIS PENDENS-Subjecting Debt.-An action upon a judgment and return of no property, seeking to gubject a debt owing to the judgment defendant by one who was made a party, created a lis pendens as to guch debt.-Hacker v. White, Ky., 64 S. W. Rep. 446.
135. LOGS AND LOGGING-Conclusive Measurements. -A contract for the sale of logs construed as not mak. ing conclusive the measurements taken by the buyer alone after delivery of the logs.-Southern Lumber Co. v. Asher, Ky., 64 8. W. Rep. 462. 136. MALICIOUS PROSECUTION – Indictment – Pre
sumption.-In action for malicious prosecution, discharge by justice of plaintiff, who has been arrested, or refusal of grand jury to indict, held prima facie evidence of want of probable cause, unless it was after bearing of witnesses for the accused, as well as for the prosecution.-Harper v. Harper, W. Va., 39 S. E. Rep. 661.
137. MANDAMUS - Board of Canvassers.- Where board of eanvagsers adjourns without having performed its duties, under Code, ch. 3, $ 69, it may be reconvened under section 89 of said chapter.-Danlel . Simms, W. Va., 39 S. E. Rep. 690.
138. MANDAMUS – Council - Ordinances.- Mandamus lies to compel the mayor and council of a town to pass an ordinance striking certain territory from the town, in accordance with Ky. St. $ 3493, as amended in March, 1899, where the requisite petition has been presented.-Steele v. Willis, Ky., 64 8. W. Rep. 417.
139. MASTER AND SERVANT-Fellow Servant.-PlaintIff, employed by defendant railroad company, injured by the negligence, if any, of himself and his fellow workmen, held not entitled to recover.-Martin V. Louisville & N. R. Co., Ky., 64 S. W. Rep. 417.
140. MASTER AND SERVANT — Sumcient EmployeesRisk.-A railroad company cannot set up as a defense to an action by a section master assumption of risk on fallure of company to furnish a sufficient number of employees.- Bodie v. Charleston & W.C. Ry. Oo., S. Car., 89 S. E. Rep. 715.
141. MASTER AND SERVANT - Telegraph CompanyInjury to Lineman.-A telegraph company is liable for an injury to a lineman caused by the falling of a decayed pole on which he was working, the unsafe condition of wbich would have been discovered by a proper inspection.-Tracy v. Western Union Tel. Co., U.S. C.C., W.D. (Pa.), 110 Fed. Rep. 103.
142. MORTGAGE - Contest by Bondholders.-Individ. ual bondbolders, in suit by trustee to foreclose mort. gage, can contest validity of certain of the bonds.Central Trust Co. of New York v. California & N. R. Co., U. 8. 0. C., N. D. (Cal.), 110 Fed. Rep. 70.
143, MORTGAGES-Omission of Redemption Clause. Where a grantee and big devigees have been in undis. turbed possession for years, and there is no evidence that the clause of redemption was omitted throngh mistake or fraud, the conveyance will not be declared a mortgage.-Frazier v. Frazier, N. Car., 89 8. E. Rep 634.
144. MORTGAGES-Right of Junior Mortgagee.-Right of junior mortgagee to have lands sold in inverse or der of alienation held destroyed by foreclosure of prior mortgage and purchase of lands by a third party.-Threefoot v. Hillman, Ala., 80 Soutb. Bep. 613.
145. MUNICIPAL CORPORATIONS - Highways -- Abut. ting Owners – Assessment.-Abutting property in cities of the first class cannot be charged with the cost of reconstructing a street, though the original con. struction may not have been at the cost of abutting owners.-City of Louisville v. Tyler, Ky., 64 8. W. Rep. 415.
146. MUNICIPAL CORPORATIONS-Highways-Improvements.-That a railroad company is in possession of wharf property owned by the city and derives rev. enue therefrom does not render it liable for improvement of a street on which the property abuts.-Louisville & N. R. Co. v. Neban, Ky., 64 S. W. Rep. 457.
147. MUNICIPAL CORPORATIONS - Improvements.-A city will not be restrained from executing a plan of its trustees as to the construction of a sidewalk, though the improvement may be limited to one piece of prop. erty.-Trustees of Hazelgreen v. McNabb, Ky., 64 8. W. Rep. 431.
148. MUNICIPAL CORPORATIONS - Survey of TownNotice.-Plan and survey of town, when duly re. corded, held notice to all abutting real estate owners as to location of lines of streets and alleys.-McClellan V. Town of Weston, W. Va., 39 S. E. Rep. 670.
149. NEGLIGENCE-Repair After Accident.--Repair of tot e extent of such prior grants.-Nickels v. Com raillog by defendant after accident held not an admis. monwealth, Ky., 64 8. W. Rep. 448. gion that its having been torn away by it was the 165. PUBLIC LAND8-Timber Lands.-An applicant cause of such accident.-Town of Waterbury v. Water. for the purchase of timber lands under 20 Stat. 89, is bury Traction Co., Conn., 50 Atl. Rep. 3.
not required to make a personal examination of the 160. NEW TRIAL-Comments of Judge.-Comments of land belore making the declaratory statement, so as judge which are deductions only of truth based on to be able to verify the same from personal knowl. general experience are not subject to exceptions. edge.-Hoover v. Salling, U.S.C. C. of App., Seventh State v. Means, Me., 50 Atl. Rep. 80.
Circuit, 110 Fed. Rep. 43. 151. NEW TRIAL-Disturbance of Verdict.-Judgment 166. QUIETING TITLE-Evidence.-Where an action by court without intervention of Jury will not be dig. 18 brought to determine the title to land, a grant from turbed, where there is evidence to support it.-Louis. the state is admissible in evidence to show such title. ville & N. R. Co. v. Solomon, Ala., 30 South. Rep. 491. -Midgett v. Midgett, N. Car., 39 8. E. Rep. 722.
152. NEW TRIAL – Evidence.-Refusal of new trial, 187. QUIETING TITLE-Remedy at Law.-A federal where there is evidence tending to sustain the ver. court of equity held without jurisdiction under the dict, held not error of law.-Hagen v. Anderson Co., allegations of the bill, on the ground that complain. S. Car., 39 S. E. Rep. 712.
ant's remedy was at law.-Hanley v. Kansas & T. Coal 153. OBSTRUCTING JUSTICE – Resisting Special Con.
Co., U.S. C. C., W.D. (Ark.), 110 Fed. Rep. 62. stables.-A person arrested for resisting special con. 168. QUIETING TITLB-Sufficient Allogations.-In an stable, appointed by justice, under Code, $ 978, cappot action to quiet title, a petition alleging that defendant question his appointment.-Parish v. State, Ala., 30 claims the land, by stating that he is the owner of the south. Rep. 474.
land and has trespassed thereon, sufficiently states 164. OFFICERS-Buying Jurors' Claims. For the of.
the facts showing the defendant is getting up the fenge of buying or contracting for the claims of jurors
claim of hostile title.-Campbell v. Campbell, Ky., 64 for services, a county officer 18 subject to a fine of $50. 8. W. Rep. 488. -Commonwealth v. Dockery, Ky., 64 S. W. Rep. 460. 169. QUIBTING TITLE-Sufficient Avormente.-In an
155. OFFICERS-Drupkepness.-Under Ky. St. $ 8749, action to quiet title, an answer setting forth defend. any officer who at any time is so drunk as to dis. ant's adverse title cured any lack of sufficient aver. qualify him from discharging the duties of bis office is
ment in the petition.-Campbell v. Campbell, Ky., 64 guilty, though he may never be drunk while attempt.
8. W. Rep. 458. Ing to perform any oficial act.-Johnson v. Common. 170. QUO WARRANTO-Authority-Burden of Proof.wealth, Ky., 64 S. W. Rep. 467.
In quo warranto, where respondent admits that he is 156. PAUPER8–Pauper's Property.-The directors of
holding the office, the burden is on bim to show bis & county poor house were not authorized to apply
anthority.-Stato v. Foster, Ala., 30 South. Rep. 477. property acquired by a pauper Inmate after entry to
171. RAILROADS-Bridge.-Though defendant raised the payment of his board prior to the acquisition of the bridge to remove the danger to brakemen on guch estate.-Board of Directors of Mason County
freight trains, it was liable if it failed to comply with Infirmary v. Smith's Committee, Ky., 64 S. W. Rep. 466.
its contract with plaintiff.-Louisville & N. R. Co. v. 157. PERPETUITIES-Limitation of Devise.-To avoid
Pittman, Ky., 64 S. W. Rep. 460. the common-law rule against perpetuities, a limitation
172. RAILROAD8-Defective Bridge.- As the defect in of a devise must be so made tbat the estate not only
the bridge was due to the fact that defendant, after it may, but must, vest within the prescribed period. was constructed, raised it in the center, defendant Hanley v. Kapsas & T. Coal Co., U. S. C. C. W. D. I was not entitled to notice of its insufficiency before (Ark.), 110 Fed. Rep. 62.
the bringing of suit.-Louisville & N. R. Co. v. Pitt. 158. PLEADING-Demurrer.- Where plea is not friv.
man, Ky., 64 8. W. Rep. 460. olous, but defective, its sufficiency should be tested by 173. RAILROAD8-Failure to Give Signals.-Rallroad demurrer, and not by motion to strike.-Karter v. company held liable on failure to give statutory sig. Fields, Ala., 30 South. Rep.504.
nals at crossing, whereby person on the crossing was 159. PLEADING-Non Est Factum.-A plea of non est
injured.-Hutto v. South Bound R. Co., 8. Car., 39 S. E factum and a plea of no consideration are not incon.
Rep. 710. sistent.-Spencer v. Society of Shakers, Ky., 64 S. W. 174. RAILROADS-Lien for Injuries.-No lien exists Rep. 468.
upon a railroad for damages for temporary injuries
resulting from negligent failure to construct a suffi. 160. POWERS-Reference.-[n execution of a power
cient culvert under an enbankment.-Tolle v. Oweng. in trust given by a deed, a direct reference to the
boro, F. of R. & G. R. R. Co., Ky., 64 8. W. Rep. 455. power 18 unnecessary.-Gulf Red Cedar Co. V. O'Neal, Ala., 30 South. Rep. 466.
175. RECEIVERS-Sale-Acquiescence.-In a suit to
set aside the confirmation of a recelver's sale, held, 161. PRINCIPAL AND AGENT-Power of Attorney.--One tbat the affidavit of the principal stockholder object. claiming under & power of attorney to recover land, ing to the eale would not be considered, because of his whereby he is to have one-half of what he recovere,
acquiescence to the sale.-Rogers v. Rogers, Locomo. has not an interest coupled with the power, which
tive Co., N. J., 50 Atl. Rep. 10. prevents death from terminating the agency.-Wain.
176. REFORMATION OF INSTRUMENT8-Mistake.-A wright v. Massenburg, N. Car., 39 S. E. Rep. 725.
contract candot be reformed on the ground of mis. 162. PROCE88—Insurance Companies.-10 an action take, unless it is clearly shown that the mistake was agalpst a foreign insarance company, held, that the mutual.-Fulton v. Colwell, U.S.C.., D. (N. J.), 110 defendant could not avoid service of process on the Fed. Rep. 54. Insurance commissioner on the ground of no liability
177. REMOVAL OF CAUSES -Not Separable.-An action to plaintif.-Moore v. Mutual Reserve Fund Life Assn.,
commenced in a state court, against two corporations N. Car., 39 S. E. Rep. 687.
of that state, on & cause of action not separable as to 163. PROHIBITION -When Issued.-Where there is defendants, cannot be removed to the United States objeotion to jurisdiction, prohibition will not be lg. court on the petition of one defendant.-State Trust sued until party complaining of abuse of power shall Co. v. Kansas City, P. & G. R. Co., U. 8. O.O., W. D. have sought redregs in the court below by proper ob (Mo.), 110 Fed. Rep. 10. jection, and failed to obtaln it.-Hill v. Tarver, Ala.,
178. REPLEVIN-Assignee-Seizuro.-Where the ag. 30 South. Rep. 499.
signee of a mortgage of chattels seized the same un. 164. POBLIC LANDE-Patente.-The fact that a patent der proceeding in claim and delivery, held not neces. embraces older grants or gurveys renders it void only sary that plaintiff should show demand before insti. tuting a proceeding.--Satterthwaito v. Ellis, N. Car. sought to be attached to pay taxes on the mortgage 39 S. E. Rep. 726.
and bonds, may enjoin the collection of the taxes.179. SALES - Confirmation of Condition. - Where
Board of Councilmen of City of Frankfort v. Fidelity salesman inserts condition that sale shall be subject to
Trust & Safety-Vault Co., Ky., 64 8. W. Rep. 470. confirmation, no action for pon-delivery can be main. 193. TAXATION-Void Levy-Void Sale.- Where ag. tained without showing confirmation.-Gilman v. sessment of land for taxation is illegal, a sale for nonStock, Me., 50 Atl. Rep. 31.
payment of taxes is void.-State v. Tavenner, W. Va., 180. SALES-Recovery of Goods. -Placing of goods in
39 S. E. Rep. 649. car with goods delivered to railroad in accordance 194. TRESPA88-Denial.-Where, in an action under with contract two days previous, held pot to prevent Gen. St. 1888, § 1345, defendant denied cutting any trees recovery for the original goods.-Bowers V. J. B.
& claim that he was misled is untenable.-Plumb v. Worth Co., N. Car., 39 8. E. Rep. 635. .
Grimn, Conn.,50 Atl. Rep. 1. 181. SALES-Refusal to Deliver.-For the refusal of
195. TRIAL-Admission of Evidence. The court has a the seller to deliver goods to the buyer, the measure
wide discretion of the admission of evidence in re. of damages is the difference between the contract
buttal.-Spencer v. Society of Shakers, Ky., 64 S. W. price and the market price at the time and place of Kep. 468. dellvery.- Parry v. Mig. Co. v. Lyon, Ky., 64 S. W. 196. TRIAL-Selection of Jurors.-One who bas formed Rep. 436.
an opinion as to guilt of accused,beld pot competent, 182. SCHOOLS AND SCHOOL DISTRICTS-Levying Taxes. unless he can state unequivocally that bis opinion will - A county board of supervisors has authority to levy
not affect his judgment.-State v. Johnson, W. Va., 39 a tax for county public school purposes on all prop. , 8. E. Rep. 665. erty within their jurisdiction, and hence Acts 1895-96, 197. TROVER AND CONVERBION-Extent of Recovery.-p. 290, exempting property in a certain town from In action for conversion of cotton subject to land.
bool taxes je void.-Supervisors of Washington lord's lien, plaintiff cannot recover more than the County v. Saltville Land Co., Va., 39 S. E. Rep. 704. amount of his demand existing at the time of the
183. SCHOOL AND SCHOOL DISTRICT8–Taxation,-Ky. trial.-Karter v. Fields, Ala., 30 South. Rep. 504. St. $ 4458, providing that, when lines dividing districts 198. TRUST9- Chargeable with Interest.-A trustee divide the lands of any person, tbe tax shall be levied was not chargeable with interest where be pald out and paid to the district where the homestead may be | money as fast as it was collected and there were no situated, applies only to common school districts credits of interest on sums paid out.-Doom v. Howard, and not to free graded school districts.-Trustees of Ky., 64 S. W. Rep. 469. Paintsville Graded Free School Dist. V. Davis, Ky., 199. TRUST8-Compensation of Trustee.- Where do 64 8. W. Rep. 438.
extraordinary services were rendered by a trustee, be 184. SHIPPING-Crowding Passengers.-A steamship was not entitled to any compensation in excess of 5 company is responsible for damages to its passengers per cent. commission.-Doom v. Howard, Ky.,648. W. occasioned by crowding beyond the accommodations Rep. 469. provided for them.--The Valencia, U. S. D. C., D. 200. TRUST8-Suit for Beneficiaries.- Where executor (Wagh.), 110 Fed. Rep. 221.
in will is trustee for beneficiaries, and in breach of 185. SPECIFIC PERFORMANCE-Relief-Parties.- Where his trust executes a mortgage, beneficiaries cappot sue bill to enlorce specific performances is filed by gev. purchaser at foreclosure to enforce the trust without eral persons, all of the complainant must be entitled accounting for the proceeds.-Marx y. Clisby, Ala., 30 to relief, or none will be granted.-Davis v. Williams, South. Rep. 517. Ala., 30 South. Rep. 488.
201. VENUE-Where Land is situated.-Under Code, & 186. STABE DECI8E8-Land.---Decisions acted on for 190(3), held error to refuse to remove to the county many years, and upon the faith of which large bodies where the land was situated an action brought in the of land have been bought and seld, will not be over. county of the defendant's residence to enforce the pay. ruled.-Nickels v. Commonwealth, Ky., 64 S. W. Rep. ment of a purcbase-money bond.-Connor v. Dillard, 448.
N. Car., 39 S. E. Rep. 641. 187. STATUTE8- Construction.- Where the language
202. WATERS AND WATER COURSES – Navigable of the statute is ambiguous, resort may be bad to sur.
Waters.-It is fundamental law throughout the United rounding circumstances to determine its meaning.
States that all navigable waters are common blgb. Daniel v. Simms, W. Va., 39 S. E. Rep. 690.
ways, forever free to the use of all citizens of the 188. STATUTES - Construction. - Wher words in a
United States, without any tax, imposts, or duty statute have acquired well understood meaning, it is
therefor.-Leverich v. City of Moblle, U.S. 0. 0. O., S. presumed that they were used in that sense in a subse.
(Ala.), 110 Fed. Rep. 170. quent statute on the same subject.-Daniel v. Simms, W. Va., 39 8. E. Rep. 690.
203. WILLS-Conclusiveness of Probate.- A Judgment
probating a will devising land held binding, not only 189. STATUTE-Passage.- Where a statute does not
on the heirs, but as a proceeding in rem on all the appear from the journal of the houses to contain any
world.-Davies v. Leete, Ky., 64 S. W. Rep. 441. provisions which the same did not contain in passing, and none were omitted, and all constitutional steps 204. WITNESSES- Assignor of Judgment. - The as are shown to bave been taken, it is valid.-Robertson signor of a judgment was not a competent witness for v. State, Ala., 30 South.'Rep. 494.
his assignee to establish the fact that the judgment 190. STREET RAILROAD8.-It is not necessary for the
had been assigned to him by a person since deceased.cbarter of a street railway company to limit the
Hagins v. Arnett, Ky., 64 8. W. Rep. 480. number of tracks to be constructed on the streets, or 205. WITNESSES- Cross-Examination.- On cross-ex. to designate their exact location.-Baker v. Selma St. amination of prisoner as a witness, he can be ques. & S. Ry. Co., Ala., 30 South. Rep. 464.
tloned as to material matter for purposes of contra 191. STREET RAILROAD8- Public Conveniences.-On
diction.-Stato v. Sheppard, W. Va., 39 S. W. Rep. 676. application to approve location of street railroad by 206. WITNESSES- Impeachment. - A witness' cbar. municipal oficers, the latter may consider the COD. acter for truth and veracity only can be impeached.venience of the public, and whether a bridge which State v. Means, Me., 50 Atl. Rep. 30. the railroad desires to cross is of sufficient strength. 207. WITNESSES – Impeachment – Felony. - Under Appeal of Cherryfield & M. Electric R. (0., Me., 50 Atl. Civ. Code Prac. $ 597, which applies to criminal as Rep. 27.
well as civil cases, a conviction of felony may be 192. TAXATION-Injunction.-A mortgage trustee, in shown to impeach a witness.-Wilson v. Common. whose bande funds due non-resident bondholders are wealth, Ky.,64 8. W. Rep. 467.