good practice and was prospering and knew many men of note. They moved to Gas City.

But his dreams were not realized. From the altar Vows she turned forgetful and showed him a warm time thenceforth. Her supposed honey sweetness of disposition looked to him like a spray of vinegar. She began to knock on Kansas and then knock on him. Among his titles bestowed by her were. "bigot, back number, loafer, idiot, crank, fool tyrant, no gentleman, filthy, low, indecent, old curmud geon." Privately and publicly she hailed him thus. Was she a help mate to him? Nay. Nay. Did she love, honor and obey? Not on your tintype. Nor did she cook, wash or sew, although in good health and mighty spry for a lady of 68 summers. He is not an epicure but likes good things to eat and always provided plenty, but she refused to cook, declaring the house empty and forgetting the text: Rev. XII, 8. Once he went to the cupboard when she declared there was no butter in the house and brought forth a hunk which was not strong enough to walk to the table alone. She was angered by it as a bull flagged with a red flag. Shaking her finger in his face she declared "would shoot him, had she a gun." At other times he showed this improper desire to do murder. And she hobnobbed with evil companions much to his annoyance. She antagonized his religion. He had plenty and she had none, professing a disbe lief in heaven and hell and a Creator. He knew there is a hell, but she couldn't see it. She snorted about his politics. He is an American, loyal and true. She is an anarchist and insisted on keeping papers of that breed about the house. And she annoyed him by talking of her religion and political faiths. Then she left him, alone, with none to love and none to caress. He could bear that but she took valuable papers with her, including an autograph letter of John J. Ingalls and a handsome specimen of tape worm, easily 74 feet long. He asks for divorce and possession of what is left of his property. The result will be awaited with interest.

CRIMINAL LIABILITY OF CORPORATIONS IN ENGLAND.

The importance of this subject is quite modern. The old books contained very little about it. Its prominence in modern times is due, no doubt to the enormous growth of joint stock companies, and to the consequent legislation, some of its penal, affecting those corporations. The first decision of importance on the subject is that in Reg. v. Birmingham and Gloucester Railway Company (1842), 3 Q. B. 223, where it was held that at common law an incorporated company might be indicted for non feasance in omit ting to perform a duty imposed by statute, such as that of making arches to connect lands severed by the company's railway. There Patteson, J., delivering the judgment of the court, stated on the authority of 1 Hawk. P. C., ch. 66, § 13, that a corporation may be indicted for breach of a duty imposed by law, though not for a felony nor for crimes involving personal vio lence, as for riots or assaults. Then in Reg. v. Great North of England Railway Company (1846), 9 Q. B. 315, it was further held that an incorporated company could be indicted for a misfeasance, such as cutting through and obstructing a highway by works performed outside of their statutory powers. There Lord Denman, C. J., in delivering the judgment of the court, pointed out that crimes consisting in acts of immorality derive their character from the corrupted mind of the person committing them, and are viola. tions of the social duties that belong to men and sub

jects. A corporation which as such has 'no such duties cannot be guilty in these cases, but they may be guilty as a body corporate of commanding acts to be done to the nuisance of the community at large. Individuals who concur in voting the order or in executing the work may be made answerable for it also by criminal proceedings. But there can be no effectual means for deterring from an oppressive exercise of power for the purpose of gain, except the remedy by an indictment against those who truly commit it, that is, the corporation acting by its majority. In 1850, in case of The King of the Two Sicilies v. Wilcox, I Sim. (N. S.) 334. an incorporated company demurred to a bill in equity, on the ground that the discovery thereby sought might subject it to a criminal prosecution under the Foreign Enlistment Act (59 Geo. III., ch. 69), but Shadwell, V. C., overruled the demurrer, holding that the language of the act referred to individuals only. The general rule for the construction of statutes on this point is now laid down by section 2 (1) of the Interpretation Act, 1889 (52 and 53 Vict. ch. 63), re enacting part of 7 and 8 Geo. IV, ch. 28, § 14, that in the construction of every enactment relating to an offense punishable on indict. ment or on summary conviction whether contained in an act passed before or after the 1st of January, 1890, the expression of "person" shall, unless a contrary intention appears, include a body corporate. Practically the same rule has been laid down for the con. struction of penal statutes by the house of lords in the case of Pharmaceutical Society v. London and Provincial Supply Association, Limited, 5 App. Cas. 857, where it was held that in sections 1 and 15 of the Pharmacy Act, 1868, prohibiting under penalty any person not being a registered pharmaceutical chem. ist from keeping a shop for the sale of poisons, the word "person" does not include a corporation. In that case Lord Blackburn said: "I quite agree that a corporation cannot in one sense commit a crime-a corporation cannot be Imprisoned, if imprisonment be the sentence for the crime; a corporation cannot be hanged or put to death if that be the punishment for the crime; and so in those senses a corporation cannot commit a crime. But a corporation may be fined, and a corporation may pay damages; and therefore I must totally dissent, notwithstanding what Bramwell, L. J., said, or is reported to have said (5 Q. B. D. at p. 313), upon the supposition that a body corporate or a corporation that incorporated itself for the purpose of publishing a newspaper could not be tried and fined, or an action be brought against it for a libel; or that a corporation which commits a nuisance could not be convicted of the nuisance or the like. I must really say that I do not feel the slightest doubt upon that part of the case." More recently still, the judgment of Bowen, L. J., in Reg. v. Tyler (1891), 1 Q. B. 588, contains a valuable review of the law, summing it up as follows: "I take it, therefore, to be clear that in the ordinary case of a duty imposed by statute, if the breach of the statute is a disobedience to the law punishable in the case of a private person by indictment, the offending corpo. ration cannot escape from the consequences which would follow in the case of an individual by showing that they are a corporation. That seems to me to be common sense and good law." Kay, L. J., in the same case entirely agreed. He puts it even more tersely: "I take it to be clear that where an act imposes upon a company a duty to perform a particular act, the company, though a corporation may be indicted for non-performance."-Solicitor's Journal.

CORRESPONDENCE.

TAXATION OF PERSONAL PROPERTY-EVIDENCE OF

DEBT.

To the Editor of the Central Law Journal:

The suggestion of one of your correspondents (in the issue for October 4, 1901), that evidences of debt be stamped by the assessor of taxes showing their rendition for taxes, before they should be collectible by any process of law, is good as far as it goes. But is such a provision sufficient to secure any great increase in the list of this kind of property on; the tax-roll? Is it not within the experience of most of us, that by far the major part of evidences of debt are paid voluntarily, without resort to any process of law? And if this is so. would not such a provision become inoperative in a vast majority of cases? Taxdodgers would continue to avoid the payment of taxes by trusting to the payment of their claim without resort to processes of the law, and without, of course, having their evidences of debt stamped by the assessor of taxes showing their rendition for taxes. This would seem to intensify rather than lessen some of the inequalities of the burden of taxa. tion.

If to your correspondent's suggestion could be added a further provision that a voluntary payment of the evidences of debt which have not been stamped showing their rendition for taxes, would not dis charge the same from liability to pay the tax, and an additional sum in the way of a penalty, and all costs made in collecting same, it would appear to go far to remove the objection which is herein indicated. And the right to recover said tax by an appropriate action should continue against the estate of the person who had received payment, without process of law, of his evidence of debt. Perhaps the statute of limitations should not run against the right to recover such tax out of the tax-dodger's estate whenever and wherever found. DUANE MOWRY.

Milwaukee, Wis.

BOOK REVIEWS.

BISHOP'S DIRECTIONS AND FORMS.

One of the most valuable works of law which ever came from the pen of the late Dr. Joel Prentiss Bishop was that which completed his celebrated Criminal Law Series-"Directions and Forms for Prosecution and Defense." In this book Dr. Bishop attempted to clear up the surplusage and absurdity of common-law indictments and to furnish a set of practical directions and forms for the grand jury room, trial court, and court of appeal in criminal causes, with full citations of precedents from the reports and other sources. This book was published in 1885 and was received by the profession with immediate and universal approval. Mr. Bishop's wonderful power of classification and extraordinary research into the authorities, together with his closely adhered to policy of putting principle before precedent invariably resulted in placing upon a scientific and reasonable basis that subject of the law which he undertook to consider. This work on directions and

eient forms which is now regarded as mere surplus. age, which enables the pleader to reduce the pleading to a compact and elegant form. The revised edition of this work is edited by the Hon. Winslow Evans of the Peoria bar. Mr. Evans does not undertake to change the text; the thoroughness of Mr. Bishop's work leaving nothing to be desired in that direction. The annotations, however, have been brought down to date with an additional chapter by Mr. Evans on the subject of "Forms of Bills of Exception." We thoroughly commend this work as the highest authority on criminal forms and as quite indispensable to the active practitioner having any business whatever in the criminal court. Printed in one volume of 761 pages and bound in extra fine qual ity of law sheep. Published by T. H. Flood & Co., Chicago, Ill.

Weekly Digest of ALL the Current Opinions of ALL the State and Territorial Courts of Last Resort, and of all the Federal Courts ALABAMA, 5, 10, 11, 22, 28, 25, 30, 54, 57, 59, 60, 63, 69, 72 75, 76, 77, 79, 80, 84, 87, 92, 93, 94, 101, 102, 110, 113, 114, 128, 136, 143, 147, 149, 164, 202, 203, 210, 221, 224 CALIFORNIA, 81, 91, 112, 132, 145, 153, 155, 159, 173, 218, 222 COLORADO.... ..96, 99, 158, 157 DELAWARE........ .................3, 53, 56, 73, 129, 166, 181 ...32

INDIANA....................

INDIAN TERRITORY, 4, 8, 12, 41, 50, 64, 66, 70, 71, 74, 82, 95 115, 116, 120, 121, 122, 123, 124, 125, 126, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 152, 168, 187, 190, 197, 199, 205, 215, 216, 219

KANSAS.. ..9, 55, 131, 169 KENTUCKY, 1, 6, 13, 14, 19, 20, 21, 24, 27, 43, 47, 51, 58, 62, 85, 88,90, 97, 117, 127, 130, 138, 146, 161, 162, 174, 177, 178, 179, 182, 186, 214, 226

.......42, 180

...26, 119

....

SOUTH CAROLINA... TENNESSEE, 2, 28, 29, 31, 52, 108, 160, 172, 183, 220, 223, 225 TEXAS .106, 107, 118, 167, 193 UNITED STATES C. C., 37, 38, 44, 45, 105, 170, 175, 185, 188, 198, 207, 208, 217

UNITED STATES C. C. OF APP......... 15, 16, 46, 48, 201, 227 UNITED STATES D. C., 17, 40, 165, 171, 191, 194, 195, 196, 206

A

1. ACTION-Suit to Obtain Construction of Obligations. It seems that an insurance company has no authority to institute a suit to obtain a construction of the obligations of its members.-In re Hurst Home Ins. Co., Ky., 64 8. W. Rep. 512.

2. ANIMALS-Death by Railroad-Negligence.-A person in exclusive possession of an animal held entitled to sue for its death, caused by defendant railroad's negligence.-Southern Ry. Co. v. Hall, Tenn., 64 S. W.

Ren 481

on appeal contains correct copies of orders, cannot urge that such orders are not properly authenticated. -Jett v. Sittle, Ind. T., 64 S. W. Rep. 572.

5. APPEAL AND ERROR-Dismissal Because of Rehearing. An appeal from a judgment in the circuit court will be dismissed where alproceeding for rehearing below is pending.-Supreme Lodge K. P. v. Thomas, Ala., 30 South. Rep. 567.

6. APPEAL AND ERROR-Filing Transcript too Late.Where the first day of the second term of the court of appeals after the granting of an appeal was September 16th, the filing of transcript on August 28th was too late.-Beavers v. Bowen, Ky., 64 S. W. Rep. 494.

7. APPEAL AND ERROR-Injunction Affecting Stairway-Concerns Real Property.-A suit ito restrain the obstruction of a stairway held to involve the title to realty, giving the supreme court jurisdiction on ap. peal.-Peters v. Worth, Mo., 64 8. W. Rep. 490.

8. APPEAL AND ERROR-Verdict on Plaintiff's Evi dence. A judgment on a verdict founded on evidence given by plaintiff's witnesses alone, defendants having been afforded on opportunity to introduce evidence, will not be disturbed.-Sass v. Thomas, Ind. T., 64 S. W. Rep. 528.

9. ASSIGNMENTS-Evidence of Colorable Assignment. -In action on an assigned account, where assign. ment is admitted, held not error to exclude evidence showing that, the assignment was colorable only.Lesh v. Meyer, Kan., 66 Pac. Rep. 245.

10. ASSIGNMENTS FOR BENEFIT OF CREDITORS-Col. lusive Attachment.-On bill to set aside attachment as collusive, the burden of proof is on the complainants. -H. B. Claflin Co. v. Muscogee Mfg. Co., Ala., 30 South. Rep. 555.

11. ASSIGNMENT FOR BENEFIT OF CREDITORS-Collu. sion of Attaching Creditors.-That attaching creditors aided debtor in again starting in business held not to authorize inference of collusion [and fraud.-H. B. Claflin Co. v. Muscogee Mfg. Co., Ala., 30 South. Rep.

555.

12. ASSIGNMENTS FOR BENEFIT OF CREDITORR-Curing Illegality.-An assignment requiring sale within 120 days at public auction is cured of any illegality by directing assignee to be governed by the assignment laws. -Rainwater-Bradford Hat Co. v. McBride, Ind. T., 64 9. W. Rep. 556.

18. ATTORNEY AND CLIENT-Value of Services.-The only evidence as to the value of attorney's services being their own testimony, the court is not concluded thereby.-Germania Safety-Vault & Trust Co.'s Assig. nee v. Hargis, Ky., 64 S. W. Rep. 516.

14. ATTORNEY AND CLIENT-Value of Services Where Unsuccessful.-Where an attorney has been unsuc cessful in his efforts for his clients, the court will consider that fact in fixing his fee.-Germania Safety. Vault & Trust Co.'s Assignee v. Hargis, Ky., 64 S. W. Rep. 516.

15, BANKRUPTCY -Avoiding Chattel Mortgage. A trustee can avoid a chattel mortgage, where the mort. gagee has failed to comply with the New York recording statute, only to the extent of the claims of jedg. ment creditors of the bankrupt.- In re New York Economical Printing Co., U. S. C C. of App., Second Circuit, 110 Fed. Rep. 514.

16. BANKRUPTCY -Avoiding Liens.-Under Bankr.

Piled

Made 18. BANKRUPTCY-Mortgage but not Within Four Months.-Under Bankr. Act U. 8. 1898, § 60b, a mortgage given more than a year before the mortgagor filed a petition in bankruptcy, but which was not recorded until within four months of the fil ing of the petition, held not voidable.-Asbury Park Building & Loan Assn. v. Shepherd, N. J., 50 Atl. Rep. 65.

19. BANKS AND BANKING-Discount by Unincorpo. rated Bank.-A note discounted by an unincorporated bank was not placed on the footing of a bill of exchange, though payable at an incorporated bank.Cunningham v. Potter, Ky., 64 S. W. Rep. 493.

20. BANK AND BANKING-Loaning Money to Depositor. The lending of money on deposit for a customer is within the legitimate business of a bank, unless prohibited by its charter.-Bobb v. Saving Bank, Ky., 64 S. W. Rep. 494.

21. BANKS AND BANKING-Interest on Balance Found Due. In an action against a bank to recover deposits the balance found due plaintiff should bear interest from the institution of his action. -Bobb v. Savings Bank, Ky., 64 S. W. Rep. 494.

22. BILLS AND NOTES-Transfer of Railroad Voucher. -A railroad company, transmitting a voucher in set, tlement of claim to creditor, cannot recover in as, sumpsit from one to whom the voucher was assigned by one falsely claiming to represent the creditor after payment of the voucher, on discovery of the forgery of the assignment.-Louisville & N. R. Co. v. Johnson, Ala., 30 South. Rep. 580.

23. BOUNDARIES-Equity Jurisdiction.-Equity has jurisdiction to establish disputed boundary lines, where the confusion as to them has arisen from the fraudulent acts of the owner of adjoining property. -Guice v. Barr, Ala., 30 South. Rep. 563.

24. BOUNDARIES-"Head" of a Stream.-The "head" of a stream, called for in a boundary, is the highest point on that stream which furnishes a continuous stream of water, and not necessarily its longest prong. -Uhl v. Reynolds, Ky., 64 S. W. Rep. 498.

25. CANCELLATION OF INSTRUMENTS-Adequate Rem.

edy at Law.-Where complainant is out of possession at time of suit to cancel deed, he has an adequate remedy at law, and the bill will be dismissed.-Wilkinson v. Wilkinson, Ala., 30 South. Rep. 578

26. CANCELLATION OF INSTRUMENTS-Seal as Consideration.-The rule that a seal imports consideration does not apply to a suit in equity to cancel a written instrument.-Way v. Union Cent. Life Ins. Co., S. Car., 39 S. E. Rep. 742.

27. CARRIERS-Limitation of Liability.-A clause in a contract limiting the common-law liability of a car. rier held void.-Illinois Cent. R. Co. v. Radford, Ky., 64 S. W. Rep. 511.

28. CARRIERS OF GOODS-Action by Consignor for Failure to Deliver.-Action against carrier for failure to deliver goods consigned on commission held properly brought in name of consignor.-Southern Ry. Co. v. Deakins, Tenn., 64 S. W. Rep. 477.

29. CARRIER OF GOODS-Congestion of Freight.-Con. gestion of freight in defendant carrier's yard, known to defendant's agent, who, notwithstanding, promises delivery of goods, held no defense for failure to make prompt delivery.-Southern Ry. Co. v. Deakins, Tenn.,

from the train.-Sands v. Southern Ry. Cr., Tenn., 64 S. W. Rep. 478.

32. CARRIERS OF PASSENGERS-Profit of Trip as Damages.-Question as to what plaintiff, a deputy marshal, would have earned, had his injury from defendant railroad company's negligence not terminated his trip, held proper.-Chicago, R. I. & P. Ry. Co. v. Hoover, Ind. T., 64 8. W. Rep. 579.

33. CARRIERS OF PASSENGERS-Protection of Intoxicants. The fact that a railroad passenger's intoxica. tion is in violation of a statute is immaterial on the question of the railroad's duty to preserve him from injury.-Wheeler v. Grand Trunk Co., N. H., 50 Atl. Rep. 103.

34. CHARITIES-Devise to Unincorporated Charity.In a devise to an unincorporated charitable society, the heir at law takes the legal title in trust for the society, so that the devise is not void for want of a person in whom the legal estate may vest.-American Bible Soc. v. American Tract Soc., N. J., 50 Atl. Rep. 67.

35. CHARITIES-Unincorporated Charities as Objects of Gifts. In a devise to an unincorporated charitable society, the objects of the society as expressed in its by-laws are a sufficient designation under the statute of frauds of the object of the gift.-America. Bible Soc. v. American Tract Soc., N. J., 50 Atl. Rep. 67.

36. CHATTEL MORTGAGES-Bona Fide Purchaser.Purchaser in good faith or mortgaged chattels from mortgagor in possession held not liable for conversion without demand or refusal.-Dean v. Cushman, Me., 50 Atl. Rep. 85.

37. CHATTEL MORTGAGES - Creditors Not Entitled to Special Provisions.-A provision of a mortgage that foreclosure shall not be brought within six months after default is for the benefit of the mortgagor, and his general creditors cannot avail themselves of it.Central Trust Co. of New York v. Worcester Cycle Mfg. Co., U. S. C. C., D. (Mass.), 110 Fed. Rep. 491.

38. CHATTEL MORTGAGE-Priority of Receiver in Possession.-Possession of a receiver appointed in a fore. closure suit is not that of the mortgagee, so as to give him priority over other creditors, where his mortgage was invalid without possession.-Central Trust Co. of New York v. Worcester Cycle Mfg. Co., U. S. C. C., D. (Mass.), 110 Fed. Rep. 491.

39. CHATTEL MORTGAGES-Sale of Right to Redeem.Mortgagor of chattels, having right to possession, may sell his right to redeem.-Dean v. Cushman, Me., 50 Atl. Rep. 85.

40. COLLISION Steamer in Course of Sailing Vessel. -A steamer is not relieved from the rule requiring her to keep off the course of a sailing vessel, unless she has resorted to all other practicable means, and cannot comply with the rule without peril to herself or other vessels.-The Devonian, U. S. D. C., D. (Mass.), 110 Fed. Rep. 588.

41. COMMERCE-Creek Grant of Exclusive Telephone Franchise.-The Creek council act granting an exclu sive franchise to a telephone company held not repugnant to interstate commerce clause of United States constitution. -Muskogee Nat. Tel. Co. v. Hall, Ind. T., 64 S. W. Rep. 600.

42. CONSTITUTIONAL LAW-Local Legislation.-Act May 23, 1874, making each city of the third class one school district, held not unconstitutional as local legislation regulating affairs of school districts.Commonwealth v. Hitchens, Pa., 50 Atl. Rep. 91.

43. CONTRACT Enforcement Where Fraudulently Procured.-Contract will not be enforced as written, it being admitted by demurrer that the action of the agent obtaining it was fraudulent.-Headley v. Pickering, Ky., 64 S. W. Rep. 527.

44. CONTRACT-Strict or Liberal Construction.-A party to a contract who has himself failed to comply with its conditions will not be permitted by a court of equity to insist upon a harsh and strict construction

of it as against the other party.-Neal v. Briggs, U. s. C. C., E. D. (N. Car.), 110 Fed. Rep. 477.

45. COPYRIGHTS-Recovering Statutory Penalty.-An action to recover the statutory penalty of one dollar per sheet for the infringement of a copyright for a photograph can only be based upon sheets of the infringing publication which have been found in defendant's possession and seized for the purpose of condemnation and forfeiture.-Child v. New York Times Co., U. S. C. C., S. D. (N. Y.), 110 Fed. Rep. 527. 46. CORPORATIONS Consent of Stockholders to Mortgage. The provisions of the stock corporation law of New York, requiring the filing of the consent of stockholders to the execution of a mortgage by the corporation, is for the protection of the stockholders, and only stockholders can take advantage of a failure to comply with it. In re New York Economical Printing Co., U. S. C. C. of App., Second Circuit, 110 Fed. Rep. 514.

47. CORPORATIONS Employing Attorney.-Where the action of the director of a corporation in employing an attorney was acquiesced in by the president and other directors, his fee must be paid out of the assets of the corporation.-Germania Safety Vault & Trust Co.'s Assignee v. Hargis, Ky., 64 S. W. Rep. 516. 48. CORPORATIONS--Liability of Stockholder to Judgment Creditor.-The liability of a stockholder to a judgment creditor under the laws of Kansas may be enforced by an assignee of the judgment.-Whitman v. Citizens' Bank, U. S. C. C. of App., Second Circuit. 110 Fed. Rep. 503.

49. COSTS Petition for Rehearing.-The cost of preparing petition for rehearing refused the prevalling party on appeal.-Young v. Hughes, Oreg., 66 Pac. Rep. 272.

50. COURTS-Amount in Dispute.-Under Mansf. Dig. §§ 4026, 5014, 4124 (Ind. T. Ann. St. 1899, §§ 2706, 3219, 2804), a party joining several causes of action in replevin against the same defendants, each cause being within $300, may take judgment on each cause and consolidate the several sums into one judgment.Harris v. Castleberry, Ind. T., 64 S. W. Rep. 541.

51. COURTS-Stare Decisis.-A decision which has been repeatedly followed, and upon the faith of which vast property rights have been acquired, will not be overruled.-Uhl v. Reynolds, Ky., 64 S. W. Rep. 498.

52. CRIMINAL EVIDENCE- Election by State of More Than One Offense.-Where, on a prosecution for carry. ing a pistol, witnesses testified to two offenses at different times and places, the state should have been required to elect.-Holt v. State, Tenn., 64 S. W. Rep.

473.

53. CRIMINAL EVIDENCE-Good Character.-Evidence of general good character in a prosecution for larceny must be confined to defendant's character for honesty and fair dealing.-State v. Conlan, Del., 50 Atl. Rep. 95.

54. CRIMINAL LAW - Good Character of Defendant.Instructions that good character of defendant in criminal prosecution may generate a reasonable doubt of guilt held properly refused.-Eggleston v. State, Ala., 30 South. Rep. 552.

55. CRIMINAL LAW-Principals in Misdemeanors.-In the commission of a misdemeanor, all persons aiding or counseling are principals.-State v. Stark, Kan., 66 Pac. Rep. 243.

56. CRIMINAL TRIAL-Improper Comment by Attorney. In a criminal prosecution, after the testimony on both sides had closed, comment of the attorney general in his argument to the jury on the fact that defendant had offered no proof as to his good character was not improper.-State v. Davis, Del., 50 Atl. Rep. 99.

57. CRIMINAL TRIAL-Right of State to Waive Capital Punishment.-State solicitor held to have no authority to waive capital punishment.-Roberts v. State, Ala., 30 South. Rep. 554.

58. DAMAGES-Injury to Foot.-A verdict for $2,000 is not excessive for a painful injury to plaintiff's foot, which will render him a slight cripple for life.-Bowling Green Stone Co. v. Capshaw, Ky., 64 S. W. Rep. 507.

59. DAMAGES-Killing Minor.-The damages for the negligent killing of a minor are nominal only, when there are no distributees.-Tutwiler Coal, Coke & Iron Co. v. Enslen, Ala., 30 South. Rep. 600.

60. DEATH-l'ecuniary Value of Intestate.-Measure of damages for negligent killing of plaintiff's intestate held to be the pecuniary value of life of intestate to his next of kin.-Louisville & N. R. Co. v. Jones, Ala., 30 South. Rep. 586.

61. DEEDS-Compliance With Restrictions. - Grantor of land for town site held barred by laches from compelling compliance with restrictions in deed as to distance of buildings from street, etc.-Ocean City Assn. v. Headley, N. J., 50 Atl. Rep. 78.

62. DEEDS-Construction of Joint Estate.-A deed naming "C and the heirs of her body" as parties of the second part, and conveying land to them, "their heirs and assigns," construed as creating a joint estate in C and her children.-Combs v. Eversole, Ky., 64 S. w. Rep. 524.

63. DEEDS-Presumption of Date of Delivery.-A deed will be presumed to have been delivered on the day of its date. -Williams v. Armstrong, Ala., 30 South. Rep. 553.

64. DISMISSAL AND NONSUIT-Nonsuit After Dismis sal. When a court dismisses action, it is without jurisdiction to entertain a subsequent motion for a nonsult.-Stephenson v. Osage Coal & Mining Co., Ind. T., 64 S. W. Rep. 538.

65. DIVORCE-Burden of Showing Unchastity.-Bur. den of showing unchastity of defendant before mar riage held to be on plaintiff in an action by him for di vorce.-Garcin v. Garcin, N. J., 50 Atl. Rep. 71.

66. Divorce-Collateral Attack of Decree Awarding Custody.-A decree of divorce awarding custody of a minor child cannot be collaterally attacked in habeas corpus proceeding for possession of the child.-Culwell v.Pranks, Ind. T., 64 S. W. Rep. 532.

67. DIVORCE Corroborative Evidence.-Extreme cruelty as a ground of divorce must be shown by cor. roborative evidence, whether the divorce asked is a mesna or a vinculo.-Garcin v. Garcin, N. J., 50 Atl. Rep.

71.

68. EASEMENTS-Deed Does Not Pass Subsequently Created Easements.-A deed to realty, with the ap purtenances, will not pass an easement of a stairway, which was not erected when the conveyance was made.-Peters v. Worth, Mo., 64 S. W. Rep. 490.

69. EJECTMENT-Estoppel of Ancestor.-In eject. ment, facts showing ancestor, through whom plaint. iffs claim title, was estopped during her lifetime, held to constitute no defense.-Williams v. Armstrong, Ala., 30 South. Rep. 553.

70. EJECTMENT-Gift Against Subsequent Grant.Where plaintiff received land by gift and went into possession, defendant cannot plead a bill of sale made by grantor subsequent to the gift to defeat plaintiff.Turner v. Gonzales, Ind. T., 64 S. W. Rep. 565.

71. EJECTMENT-Intervener's Title.-Where, in ejectment, after judgment by default, an intervener is permitted to file an answer, and his title was derived from defendant since the action was commenced, such answer should be stricken out.-Merrill v. Martin, Ind. T., 64 S. W. Rep. 539.

72. EMBEZZLEMENT - Agent's Conversion.-One acquiring money as agent, and afterwards conceiving fraudulent intent of converting it, or fraudulently se creting it for such purpose, held guilty of embezzlement.-Eggleston v. State, Ala., 30 South. Rep. 582.

78. EMBEZZLEMENT-Proof of One Article of Many Stolen. In a prosecution for embezzlement of certain articles, it is sufficient if the embezzlement of any one

of the articles described be proved.-State v. Davis, Del., 50 Atl. Rep. 99.

74. EMINENT DOMAIN-Legislative Determination of Public Use.-Where the legislature has determined that the exigency exists for calling into exercise the power of eminent domain, such determination is conclusive both as to the object being a public use and the propriety of exercising the power.-Tuttle v. Moore, Ind. T., 64 S. W. Rep. 585.

75. EQUITY-Cross-Bill for Affirmative Relief.-In order to obtain affirmative relief, a defendant in chancery must file a cross bill.-Hendrix,v. Southern Ry. Co., Ala., 30 South. Rep. 596.

76. EQUITY

Decree Contrary to Practice. - Where

a cause is submitted to chancellor in vacation, and decree rendered, contrary to the statute and chancery practice, the decree is void, and will not support an appeal.-Adams v. Wright, Ala., 30 South. Rep. 574.

77. EQUITY-Dismissal for Want of Equity.-Motion to dismiss a bill for want of equity should be sustained, if the facts apparent on the face of the bill show complainant without right to equitable relief. -Blackburn v. Fitzgerald, Ala., 30 South. Rep. 568.

78. EQUITY-Effect of Reference.-Where defendant proceeds to trial after reference without insisting on hearing on bill and answer, the cause stands on the uncontroverted allegations in the bill and the referee's findings of fact.-Dudley v. Eastman (N. H.), 50 Atl. Rep. 101.

79. ESTOPPEL-Conduct.-Owner of homestead held estopped by conduct from evicting railroad company from right of way over land, though deed conveying right of way is invalid.-Hendrix v. Southern Ry. Co., Ala., 30 South. Rep. 596.

80. ESTOPPEL-Pleading Estoppel.-Estoppel as a defense to a bill in equity must be pleaded.-Jones v. Peoples, Ala., 38 South. Rep. 564.

81. ESTOPPEL - Pleading Facts Necessary. Facts showing an estoppel in pais must be specially pleaded in order to be of any force.-Newhall v. Hatch, Cal., 66 Pac. Rep. 266.

82. EVIDENCE-Ex Parte Affidavits.-Ex parte affidavits, made by strangers, attached to a bill for injunction held not admissible in evidence.-Turner v. Gonzales, Ind. T., 64 S. W. Rep. 565.

83. EVIDENCE-Judicial Notice of Harvest Time.-The courts will take judicial notice of the time of planting and harvesting annual crops.-Payne v. McCormick Harvesting Mach. Co., Okla., 66 Pac. Rep. 287.

84. EXCEPTIONS, BILL OF-Motion to Strike Pleas.Rulings of trial court on motion to strike pleas will not be reviewed, when they are not shown in the bill of exceptions.-Cottingham v. Greely Barnham Grocery Co., Ala., 80 South. Rep. 560.

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85. EXECUTION - Construction Notice of Levy.Where an execution was issued and levied in March, 1895, and then returned to the clerk's office without a sale, the filing of the notice of the execution operated as constructive notice to a subsequent purchaser.Park v. McReynolds, Ky., 64 S. W. Rep. 517.

86. EXECUTION-Extent or Sale.-Under St. 1821, ch. 60, §§ 27-33, giving a person power to levy execution by extent and the state by sale, the state is confined to a levy by sale.-Banton v. Griswold, Me., 50 Atl. Rep. 89.

87. EXECUTION-Interest of Purchaser of Sale-Purchaser at judicial sale held to acquire no greater interest than that possessed by the original owner, charged with all equities and existing defects in the title.-Gray v. Denson, Ala., 30 South. Rep. 595.

88. EXECUTION-Levy as Constructive Notice.- Where an execution was issued and levied in March, 1895, and then returned to the clerk's office without a sale, the filing of the notice of the execution operated as constructive notice to a subsequent purchaser.-Park v. McReynolds, Ky., 64 S. W. Rep. 517.

89. EXECUTION-Notice Misstating Name.-Under St.