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119. HUSBAND AND WIFE-Transaction BetweenBirden on Husband to Show Fairness.-In a transac. tion between husband and wife, whereby husband ob. tained advantage, the burden is on him to show utmost fairness.-Way v. Union Cent. Life Ins. Co., S. Car., 39 S. E. Rep. 742.

120. INDIANS-Action for Possession of Land.-Action for possession of Indian lands held under void im. provement contract held not maintainable by private citizen.-Casteel v. McNeeley, Ind. T., 64 8. W. Rep. 594.

121. INDIANS-Foreclosing Mortgages of Indian Lands.-Act Cong. May 2, 1890, $ 31 (26 Stat. 94; Ind. T. Apn. St. 1899, p. 9), held to exclude jurisdiction of federal court for Indian Territory of action to fore. close mortgage Covering Indian land.-Crowell v. Young, Ind. T., 64 S. W. Rep. 607.

122. INDIANS-Intestate Indians.-Under Act Cong. June 28, 1898, the property of a member of an Indian nation dying intestate will be distributed in the United States courts according to the statute of Arkapsas.-Nivens v. Nivens, Ind. T., 64 S. W. Rep. 604.

128. INDIAN8–Pasturing Cattle on Indian Land.Rev. St. U. S. $ 2117 (Ind. T. Ann. St. 1899, $ 4327), im. posing penalty on any person bringing cattle for past. urage on Indian lands without tribe's consent, held operative within the Creek Nation.-Forsythe v. United States, Ind. T., 64 S. W. Rep. 548.

124. INDIANS-Purchase of Lands.-The purchase of an improved farm from a Choctaw Indian by one pot a citizen of the Choctaw Nation held not to give the grantee the right of possession as against a Choctaw Indian subsequently purchasing the land.-Rogers v. Hill, Ind. T., 64 S. W. Rep. 636.

125. INDIANS-Vested Interest of Individual lodiaps. -Ap individual of the Greek Nation has no vested in. terest in any specific tract of the land patented to the pation under treaty.-Tuttle v. Moore, Ind. T., 64 S. W. Rep. 585.

126. INDIAN TERRITORY-Jurisdiction of Foreclosure. -A federal court for the Indian Territory not having jurisdiction of suit to foreclose a mortgage on Indian land, it is proper to dismiss the suit and not retain it for personal judgment on the note secured.--Crowell V. Young, Ind. T., 64 S. W. Rep. 607.

127. INFANT8-Sale Without Guardian Ad Litem.-A Judgment for the sale of land in which Infant defend. ants had an interest was probably set aside, where no guardian ad litem was appointed, no answer was filed, and their statutory guardian was not made a party.Thornton v. Thornton, Ky., 64 8. W. Rep. 624.

128. INSANE PERSONS-Execution of Deeds.-A deed by an incompetent is absolutely void.-Wilkinson v. Wilkinson, Ala., 30 South. Rep. 578.

129. INSURANCE-Payment to Agent.-Payment of premium to agent of the insurance company's author. ized agent held to bind the company.-Weisman v. Commercial Fire Ins. Co., Del., 60 Atl. Rep. 93.

130. INSURANCE-Recovery of Cash Value for Assignee.-In an action by an administrator to recover the proceeds of a lite policy which had been paid to his assignee for creditors, the burden wag on defendant to show that at the time assignment was made the policy had a casb gurrender value to which ingured was en. rimlad ar ha hawaa entitled to anald.nn nalino

133. JUDICIAL SALES-Judgment of Sale Set Aside.Where a judgment for the sale of land is properly set aside before the confirmation of the sale made there. under, it is proper to set aside the sale algo.-Thornton v. Thornton, Ky., 64 S. W. Rep. 524.

134. JURY-Commissioner's Court.-A trial before a jury in a commissioner's court is not a trial by jury within Const. U. S. Amend. art. 7.-Luce v. Garrett, Ind. T., 64 8. W. Rep. 613.

135. JUSTICES OF THE PEACE-Amendment of Plead. ing.-Under Maps. Dig. $ 4151 (Ind. T. Ann. St. 1899, $ 2831), held, that an amendment to a petition in re. plevin for three cows wag properly permitted in the circuit court on appeal, so as to include the increase of the cattle born since their detention.-Simon V. Aubrey, Ind. T., 64 8. W. Rep. 575.

136. JUSTICES OF THE PEACE.-De Novo Trial on Cer. tiorari. -Payment of judgment rendered against de. tendant by justice held waiver of defendant's right to trial de novo 'on certiorari.-Smith v. Patton, Ala., 30 South. Rep. 582.

137. LANDLORD AND TENANT-Assignee of Lease. --An assignee oi a tepant's term under a lease acquires no further rights than such tepaat held.-Thomas v. Sass, Ind. T., 64 S. W. Rep. 531.

138. LANDLORD AND TENANT-Assignees of Lease Setting up Adverse Title.- Parties to whom lessees, who recognized the lessor as landlord, assigned their term, cannot set up outstanding titles against the landlord's title.-Sass v. Thomas, Ind. T., 64 S. W. Rep. 528.

139. LANDLORD AND TENANT-Crops to Show Rental Value.-Evidence of value of crops produced held admissible, in action for possession, to show cash rental value of lodian lands held under improvement con tract.-Casteel v. McNeeley, Ind. T., 64 S. W. Rep. 594.

140. LANDLORD AND TENANT-Leasing Indian Lapds. -Under agreement leasing Indian lands and requiring tender of rent at termination of yearly period, subse. quent tender of rept in court held ineffectual.-Kemp V. Jennings, Ind. T., 64 8. W. Rep. 616.

141. LANDLORD AND TENANT-Possession After Expi. ration of Lease.-The continued possession of a tenant alter the expiration of the lease or under a void con. traet of sale is that of a tenant at will, and notice to quit and demand for possession terminates the ten. ancy.-Rogers v. Hill, Ind. T., 64 S. W. Rep. 636.

142. LANDLORD AND TENANT-Unlawful Detainer.Uoder a lease from month to month, the non-payment of rent forleite the lease and authorizeg suit for un.lawful detainer.-Ellis v. Fitzpatrick, Ind. T., 84 8. W. Rep. 567.

143. LIFE ESTATES--Ascertaining Value.-In ascertalning value of lite estate, the health and age of lite tenant should be considered.-Stelner v. Berney, Ala., 80 South. Rep. 870.

144. LIMITATIONS OF ACTIONS_Recovery of Posses. sion of Land.-Action to recover possession of land, instituted within five years from time of accrual, and, on nonsult being taken, Ibrought again within one year, as provided by Mansf. Dig. $ 4497 (Ind. T. Ann. St. 1899, $ 2954), held not barred.-Turner v. Gonzales, Ind. T., 64 S. W. Rep. 565.

145. LIMITATIONS OF ACTIONS-Renewal of Note Before Bar.--An action to foreclose a mortgage, brought a tahanriginal nr-tad

at work in a mine with mine owner's consent, but not as employee, having knowledge of the dangerous condition of the mine, held to have assumed the risk. --Sloss Iron & Steel Co. v. Knowles, 30 south. Rep. 584.

149. MASTER AND SERVANT - Paty to Provide Sale Place.-Daty of manufacturer to provide safe place for employee to work in held.to extend to passageway in mill used by other employees with employer's consent.-Edwards v.Tilton Mills, N. I., 50 Atl. Rep. 102.

149. MASTER AND SERVANT-Evidence as to Efficacy of Tools.-Opinion of witness in action for death of railroad employee, assisting to restore derailed car, as to efficacy of jackscrews for such purpose, held admissible.-Louisville & x. R. Co. v. Jones, Ala., 30 South. Rep. 586.

150. MASTER AND SERVANT-Knowledge of Servants.A railroad is chargeable with the knowledge of its servants in charge of a passenger train as to injuries bappening to a passenger during the operation of the train.- Wheeler v. Grand Trunk Ry. Co., N. H., 50 Atl. Rep. 103.

151. MECHANICS' LIENS-Action on Bond.-Under Hill's App. Laws, $$ 27, 29, plaintiff held entitled to bring in bis own name action on a bond to recover pay for materials furnished to party with whom he had contracted for certain work.-United States v. McCann. Oreg., 66 Pac. Rep. 274.

152. MECHANICS' LIENS-Indian Territory Law.-A material.man has a lien on the building and interest of its owner in the land in tbe Choctaw Nation on which the building is situated.-Arnold v. Campbell, Ind. T., 64 S. W. Rep. 532.

153. MECHANICS' LIENS-Personal Judgment Against Grantee of Owner.-In 'an action to foreclose a me. chanic's lien, a personal judgment may be rendered against the grantee of the owner of the property, who assumed the debt.-San Francisco Pav. Co. v. Fairfield, Cal., 66 Pac. Rep. 255.

154. MECHANICS' LIENS-Priority of Mortgage for Precedent Debt.-Mortgage given for å preeedent debt held entitled to a priority over a subsequent mechan. ic's lien lor alterations, within Mechanic's Lien Act 1898, p. 538.-Reed v. Rochford, N. J., 50 Atl. Rep. 70.

155. MECHANICS' LIENS-Work Performed for Ex. ecutor of Estate.-An agreement of the purchaser of the estate property to pay for work done thereon under a contract with the executor held not to give contractor an équitable mechanic's lien on the prop. erty.-San Francisco Pav. Co. v. Fairfield, Cal., 66 Pac. Rep. 255.

156. MORTGAGES-Agreement to Accept a Surrender. -An agreement of a mortgagee to accept a gurrender of the mortgaged premises and to deliver up the note secured by the mortgage held unenforceable, if made without a new consideration.-Borcherdt v. Favor, Colo., 66 Pac. Rep. 251.

167. MORTGAGES-Deed and Title Bond.-A deed and title bond held to constitute a mortgage, and not a conditional sale.--Borcherdt v. Favor, Colo., 66 Pac. Rep. 251.

158. MORTGAGES-For Loan Subsequently Delivered. -A mortgage to seoure & sum, a part of which is to be delivered alter the mortgage's execution and delivery, held to be a potential lien for the full sum.-Reed y. Rochford, N. J.,50 Atl. Rep. 70.

159. MORTGAGES – Renewal Note Continues Mort. gagee's Priority.-The renewal of a note secured by a

Residents.- Where a farmer removed his family to a neighboriog town to have bis children educated, he did not abandon bis domicile, and his personal prop. erty was not subject to municipal taxation.-Montgomery v. City of Lebanon, Ky.,64 S. W. Rep. 503.

162. MUNICIPAL CORPORATIONS-Taxation of Farm Lands.-The fact that land embraced within the boundary of a city is used for farming purposes does not exempt it from taxation by the city.-Bell County Coke & Improvement Co. v. City of Pineville, Ky., 64 8. W. Rep. 525.

163. NAVIGABLE WATERS-Legislative Grant to Erect Dam.-Legislative grant of authority to erect dam at outlet of lake held a complete defense to a suit for injunetion to restrain a corporation from changing the water level of a lake.- State v. Sunapee Dam Co., N. H., 50 Atl. Rep. 108.

164. NEGLIGENCE-Child Incapable of Contributory Negligence.-Child between 1 and 14 years old held prima facie incapable of contributory negligence.Tutwiler Coal, Coke & Iron Co. v. Englen, Ala., 30 South. Rep. 600.

165. NEGLIGENCE-Light on Breakwater.- A contract between the United States and contractors for erection of a breakwater, providing for erection of a light on the work by the contractors, held not to relieve the latter from liability to third persons whose property is damaged by extinguishment of light during storm.-Harrison V. Hughes, U. $. D. C., D. (Del.) 110 Fed. Rep. 545.

166. NEGLIGENCE-Rule of Contributory Negligence. -One may recover for injuries, though his own negligence exposed him to the danger, if the injuries were caused by the other's lack of care after becoming aware of the danger.-Tully v. Philadelphia, w. & B. R. Co., Del., 50 Atl. Rep. 95.

167. NEW TRIAL-Newly.Discovered Evidence. - A new trial should not be granted for newly discovered evidence, where no diligence is shown.-Clardy v. Wil. son, Tex., 64 S. W. Rep. 489.

168. NEW TRIAL - Newly-Discovered Evidence. - A motion for a new trial held properly overruled, where newly-discovered evidence was insufficient to create & probability of a different result.-Woolsey V. Jackson, Ind. T., 64 S. W. Rep. 548.

169. NUISANCE-Abatement of Saloon.-The fact that a place where intoxicating liquor is sold is declared a common nuisance by statute does not justify its abate. ment by any person without process of law.-State v. Stark, Kan., 66 Pac Rep.. 243.

170. PARTIES – Order of Intervention.- An order granting intervention will not be vacated after hear. ing, because granted ex parle, where the court would be required to render it.-Percy Summer Club v. Astle, U.S.C.C., D. (N. H.), 110 Fed. Rep. 486.

171. PILOTS-Degree of Skill.-Pilots on the Delaware river are required to exercise the care and skill of river pilots and harbor pilots, and are chargeable witb knowledge of natural objects on shore and of the significance of fixed lights.-Harrison v. Hugbes, U. S. D. C., D. (Del.), 110 Fed. Rep. 545.

172. PLEADING-Demurrer to the Evidence.-A de. murrer to the evidence, interposed by defendant after he has opened his proof, is too late.-Sands v. South. ern Ry. Co., Tenn., 64 S. W. Rep. 478.

173. PLEADING-Motion to Correct Complainant Not Separating Causes.-An objection that the causes of action are not separately stated in the complaint contesting claimants to public lands while the matter is pending before the land department.-Humbird v. Avery, U. 8. C., 0.ID, (Uinn.), 110 Fed. Rep. 465.

176. PUBLIC LANDS — Legislative Resolution. - A legislative resolve granting 200 acres in a particular township to each Revolutionary soldier held a grant in prasenti.-Banton v. Crosby, Mo., 50 Atl. Rep. 86.

177. PUBLIC LANDE-Number of Entries to One Person.-Under Rev. st. ch. 102, $ 3, one person could make any number of entries and surveys, not ex. ceeding 200 acres each.-Uhly. Reynolds, Ky., 64 8.W. Rep. 498.

178. PUBLIC LAND8 - Previously Entered Land.Every entry, survey, or patent is void in so far as it embraces and previously entered, surveyed, or patented.-Uhlv. Reynolds, Ky., 64 S. W. Rep. 198.

179. PUBLIC LANDS- Uncertainty in not Describing Prior Grants.-A patent vests the patentee with title to all vacant and unappropriated land within the ex. terior boundary, the patent not being vold for uncer. tainty by reason of the failure to describe prior grants included within the bonndary.-Uhly. Reynolds, Ky., 64 8. W. Rep. 498.

180. QUO WARRANTO — Director's Title to Omice.Stockholders of a corporation held entitled to maintald a writ of quo warranto to determine title to office of directorg.- Commonwealth v. Stevenson, Pa., 60 Atl. Rep. 91.

181. RAILROADB-Care Towards Trespassers.-The care required of a rallroad towards trespassers or licensees is to retrain from gross negligence or willful careles. ness.--Tully v. Philadelphia, W. & B. R. Co., Del., 50 Atl. Rep. 95.

182. RAILROADS-Retroactive Effect of Fence Laws.Ky. St. $ 1797, requiring railroad companies to fence rights of way acquired free of charge, does not apply to sueh rights of way acquired prior to the enactment of the statute.-Ringo v. Chesapeake & O. Ry. Co., Ky., 64 S. W. Rep. 522.

183. RAILROAD8-Reverter of Right of Way.-Right of way granted by deed providing that it was exclusive for one year, held not to revert to grantor on rallroad company's failure to enter within the year.-Virginla & 8. W. Ry. Co. v. Crow, Teon., 64 8. W. Rep. 485.

184. RAILROADS – Rules as to Ripging Bells. A jury held entitled to consider & railroad's roles as to ringing a bell on approaching a crossing on the subject of the necessity of such precaution and the negligence of the company.-Hecker v. Oregon R. Co., Oreg., 66 Pac. Rep. 270.

185. RAILROAD8-State Reduction of Rates.-Violation of Constitution.- Where the net earnings of a rall. road company on local business within a state are insufficient to pay one ball of the interest on its valid bonded debt justly chargeable upon such earnings, a state regulation reducing rates, which would materially reduce such earnings, is unreasonable and a vio. lation of the company's constitutional rights.-Chi. cago, M. & St. P. Ry. Co. v. Smith, U. S. C. C., D. (Vt.), 110 Fed. Rep. 473.

186. RAILROAD8-Statutory Presumption as to Killing Stock.-While there is a statutory presumption that the killing of stock by a train was the result of neg. ligence, the burden is on the owner to show that the killing was by a train.-Southern Ry. Co. v. Forsythe, Ky., 64 9. W. Rep. 506. *27 2DRIVODA Discharaa on vain

Val. Electric R. Co., U. 8. C. C., D. (Vt.), 110 Fed. Rep. 473.

189. REPLEVIN- Fraud Under General Denial.-Up. der the general denial in replevin defendants may show that the chattel mortgage under which plaintiff claims the right to possession was obtained by fraud or deception.-Payne v. McCormick Harvesting Mach. Co., Okl., 66 Pac. Rep. 287.

190. REPLEVIN-General Verification.-Each several cause of action set out in a complaint in replevin is verified by a general verification to the complaint.Harris v. Castleberry, Ind. T., 64 S. W. Rep. 541.

191. SALVAGE-Degree of Skill Required.-While or. dinary skill is required from a salvor, yet in case of

sity one without nautical skill may undertake a rescue in good faith, using such ability as he pog. segseg.-The Henry Steers, Jr., U. S. D, C., E. D. (N. Y.), 110 Fed. Rep. 578.

192. SCHOOLS AND SCHOOL DISTRICT8 - Judgment Confessed by Director.-Judgment against school dis. trict, confessed by director, held yoid for want of au. thority.-Moore v. School Dist. No. 71, Okl., 66 Pac. Rep. 279.

193. SCHOOLS AND SCHOOL LANDS- School Lands & Trust.-Under Const. art. 7, $ 6, and Rev. St. 1895, $$ 3902, 3906, 4271, counties held to hold school lands and proceeds thereof in trust, and liable for any diversion thereof.--Board of School Trustees of Laredo v. Webb County, Tex., 64 S. W. Rep. 486.

194. SHIPPING-Liability for Injury where Charter is Violated.-The fact that a charterer puts the vessel to a different use from that specified in the charter does not render him liable to the owner for an irjury to the vessel, it it appears that the unauthorized use did not cause or contribute to the damage.-Sutcliff v. Selig. man, U. S. D. C., S. D. (N. Y.), 110 Fed. Rep. Rep. 560.

195. SHIPPING-Using Ship as War Dispatch Boat.The breaking out of a war during the term of a time charter does not affect the rights or liabilities of the charterer, who is not bound to employ the vessel in the safest business, but may employ it in any service which is lawful and not in violation of the charter.The Ely, U.S.D.C., S. D. (N. Y.), 110 Fed. Rep. 563.

196. SHIPPING-Walving Charter Provisions.-Where a cbarter expressly provides the lay days for loading and discharging, and fixes the amount of demurrage to be paid for overtime consumed by the charterer, the owner cannot be held to have waived such pro. vision, except upon clear evidence.-Henningsen v. Watkins, U. S. D. C., E. D. (Va.), 110 Fed. Rep. 674.

197. SPECIFIC PERFORMANCE - Indefinite or Alter. nate Agreements.-Specific performance of agreement to pay a debt, or, in default, to execute a mortgage, cannot be denied on the ground that it is indefinite and in the alternative.-Allender v. Evans-Smith Drug Co., Ind. T., 64 S. W. Rep. 558.

198. SPECIFIC PERFORMANCE -Oral Promise to Furnish Money.-An oral agreement to furpish the money required to complete a railroad is not such a detipite and precise contract as to warrant a decree for its gpecific performance.-Bibber-White Co. White River Val. Electric R. Co., U. S. C. C., D. (Vt.), 110 Fed. Kep. 472.

199. STATUTE-Construction of Arkansas Statute in Indian Territory.-Where a statute of Arkansas is put in force in the Indian Territory by act of congress, it is incumbent on the courts in the territory to adopt ha anat notion aneh tantan ho ha Sunra

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at work in a mine with mine owner's consent, but not as employee, having knowledge of the dangerous condition of the mine. held to have assumed the risk. -- Sloss Iron & Steel Co. v. Knowles, 30 South. Rep. 584.

148. MASTER AND SERVANT — Duty to Provide Safe Place.-Duty of manufacturer to provide safe place for employee to work in held to extend to passageway in mill used by other employees with employer's con. sent.- Edwards v. Tilton Mills, N. H., 50 Atl. Rep. 102.

149. MASTER AND SERVANT-Evidence as to Efficacy of Tools.-Opinion of witness in action for death of railroad employee, assisting to restore derailed car, as to efficacy of jackscrews for such purpose, held admissible.-Louisville & N. R. Co. v. Jones, Ala., 30 South. Rep. 586.

150. MASTER AND SERVANT-Knowledge of Servants.A railroad is.chargeable with the knowledge of its servants in charge of a passenger train as to injuries happening to a passenger during the operation of the train.-Wheeler v. Grand Trunk Ry. Co., N. U., 50 Atl. Rep. 103.

151. MECHANICS' LIENS-Action on Bond.-Under · Hill's Apn. Laws, $$ 27, 29, plaintiff held entitled to bring in bis own name action on a bond to recover pay for materials furnished to party with whom he had contracted for certain work.--United States v. McCann, Oreg., 66 Pac. Rep. 274.

152. MECHANICS' LIENS-Indian Territory Law.-A material-man has a lien on the building and interest of its owner in the land in the Choctaw Nation on which the building is situated.-Arnold v. Campbell, Ind. T., 64 S. W. Rep. 532.

153. MECHANICS' LIENS-Personal Judgment Against Grantee of Owner.-In an action to foreclose a me. chanic's lien, a personal judgment may be rendered against the grantee of the owner of the property, who assumed the debt.-San Francisco Pav. Co. v. Fairfield, Cal., 66 Pac. Rep. 255.

154. MECHANICS' LIENS-Priority of Mortgage for Precedent Debt.-Mortgage given for a procedent debt held entitled to a priority over a subsequent mechan. ic's lien for alterations, within Mechanic's Lien Act 1898, p. 538.-Reed v. Rochford, N. J., 50 Atl. Rep. 70.

155. MECHANICS' LIENS-Work Performed for Ex. ecutor of Estate.-An agreement of the purchaser of the estate property to pay for work done thereon under a contract with the executor held pot to give contractor an equitable mechanic's lien on the prop. erty.San Francisco Pav. Co. v. Fairfield, Cal., 66 Pac. Rep. 255.

156. MORTGAGES-Agreement to Accept a Surrender. -An agreement of a mortgagee to accept a surrender of the mortgaged premises and to deliver up the note secured by the mortgage held unenforceable, it made without a new consideration.-Borcherdt v. Favor, Colo., 66 Pac. Rep. 251.

157. MORTGAGES-Deed and Title Bond.-A deed and title bond held to constitute & mortgage, and not a conditional sale.-Borcherdt v. Favor, Colo., 66 Pac. Rep. 251.

158. MORTGAGES-For Loan Subsequently Delivered. -A mortgage to seoure a sum, a part of which is to be delivered after the mortgage's execution and delivery, held to be a potential lien for the full sum.-Reed v. Rochford, N. J.,50 Atl. Rep. 70.

159. MORTGAGES - Renewal Note Continues Mort. gagee's Priority.-The renewal of a note secured by a mortgage continues theme.

Residents. - Where a farmer removed his family to a neighboring town to have his children educated, he did not abandon bis domicile, and his personal prop. erty was not subject to municipal taxation.-Mont. gomery v. City of Lebanon, Ky., 64 S. W. Rep. 509.

162. MUNICIPAL CORPORATIONS-Taxation of Farm Lands.-The fact that land embraced within the boundary of a city is used for farming purposes does not exempt it from taxation by the city.-Bell County Coke & Improvement Co. v. City of Pineville, Ky., 64 8. W. Rep. 525.

163. NAVIGABLE WATERS-Legislative Grapt to Erect Dam.-Legislative grant of authority to erect dam at outlet of lake held a complete defense to a sult for injunction to restrain a corporation from changing the water level of a lake.-8tate v. Sunapee Dam Co., N. H., 50 Atl. Rep. 108.

164. NEGLIGENCE- Child Incapable of Contributory Negligence.-Child between 7 and 14 years old beld prima facie incapable of contributory negligence.Tutwiler Coal, Coke & Iron Co. v. Enslen, Alan, 30 South. Rep. 600.

163. NEGLIGENCE-Light on Breakwater.-A contract between the United States and contractors for erec. tion of a breakwater, providing for erection of a light on the work by the contractors, held not to relieve the latter from liability to third persons whose property is damaged by extinguishment of light during storm.-Harrison v. Hughes, U. 8. D. C., D. (Del.) 110 Fed. Rep. 545.

166. NEGLIGENCE-Rule of Contributory Negligence. -One may recover for injuries, though his own negli gence exposed him to the danger, if the injuries were caused by the other's lack of care after becoming aware of the danger.-Tully v. Philadelphia. W. B. R. Co., Del., 50 Atl. Rep. 95.

167. NEW TRIAL-Newly.Discovered Evidence. - A new trial should not be granted for newly discovered evidence,where no diligence is shown.-Clardy v. Wil. son, Tex., 64 8. W. Rep. 489.

168. NEW TRIAL — Newly.Discovered Evidence. – A motion for a new trial held properly overruled, where newly-discovered evidence was insufficient to create a probability of a different result.-Woolsey V. Jackson, Ind. T., 64 S. W. Rep. 548.

169. NUISANCE-Abatement of Saloon.-The fact that a place where intoxicating liquor is sold is declared a common nuisance by statute does not justify its abate. ment by any person without process of law.-State v. Stark, Kan., 66 Pac Rep.. 243.

170. PARTIBS - Order of Intervention. - An order granting intervention will not be vacated after hearing, because granted ex parle, where the court would be required to repder it.- Percy Summer Club v. Astle, U.S.C.C., D. (N. H.), 110 Fed. Rep. 486.

171. PILOTS-Degree of Skill.-Pilots on the Delaware river are required to exercise the care and skill of river pilots and harbor pilots, and are chargeable with knowledge of natural objects on shore and of the significance of fixed lights.-Harrison v. Hughes, U. S. D. C., D. (Del.), 110 Fed. Rep. 545.

172. PLEADING-Demurrer to the Evidence.-A de. murrer to the evidence, interposed by defendant after he has opened his proof, is too late.-Sands v, Southern Ry, Co., Tenn., 64 S. W. Rep. 478.

173. PLEADING-Motion to Correct Complainant Not Separating Causes.-An objection that the causes of action are not separately stated in the complaint

"ha mada bv motion, and not by demurrer--San

contesting claimants to public lands while the matter is pending before the land department.--Humbird v. Avery, U. 8. O., 0.1D, (Hinn.), 110 Fed. Rep. 465.

176. PUBLIC LANDS — Legislative Resolution. - A legislative resolve granting 200 acres in a particular township to each Revolutionary soldier held a grant in præsentt.-Banton v. Crosby, Mo., 60 Atl. Rep. 86.

177. PUBLIC LANDE-Number of Entries to One Person.-Under Rev. st. cb. 102, § 3, one person could make any number of entries and surveys, not ex. ceeding 200 acres each.-Ublv. Reynolds, Ky., 64 8.W. Rop. 198.

198. PUBLIC LANDS - Previously Entered Land.Every entry, survey, or patent is void in so far as it embraces and previously entered, surveyed, or patented.-Uhl v. Reynolds, Ky., 64 8. W. Rep. 498.

179. PUBLIC LANDSUncertainty in not Describing Prior Grants.-A patent vests the patentoo with title to all vacant and unappropriated land within the ex. terior boundary, the patent not being vold for uncer. tainty by reason of the failure to describe prior grants included within the bonndary.-Uhlv. Reynolds, Ky., 64 8. W. Rep. 498.

180. QUO WARRANTO – Director's Title to omice.--Stockholders of a corporation held entitled to main. tald & writ of quo warranto to determine title to office of directors.- Commonwealth v. Stevenson, Pa., 60 Atl. Rep. 91. 181. RAILROAD8-Care Towards Trespagsers.-The care required of a railroad towards trespassers or licensees is to retrain from gross negligence or willful careles. ne88.-Tully v. Philadelphia, W. & B. R. Co., Del., 50 Atl. Rep. 95.

182. RAILROAD8–Retroactive Effect of Fonce Lawg.Ky. St. & 1797, requiring railroad companies to fence rights of way acquired free of charge, does not apply to such rights of way acquired prior to the enactment of the statute.-Ringo v. Chesapeake & O. Ry. Co., Ky.. 64 8. W. Rep. 522.

183. RAILROAD8-Reverter of Right of Way.-Right of way granted by deed providing that it was exclusive for one year, held not to revert to grantor on rallroad company's failure to enter within the year.-Virginia & 8. W. Ry. Co. v. Crow, Tenn., 64 S. W. Rep. 485.

184. RAILROADS - Rules as to Ridging Bells, A jury held entitled to consider a railroad's rules as to ringing a bell on approaching & crossing on the subject of the necessity of such precaution and the negligence of the company.-Hecker v. Oregon R. Co., Oreg., 66 Pac. Rep. 270.

185. RAILROADS-State Reduction of Rates.-Violation of Constitution.- Where the net earnings of a rall. road company on local business within a state are insuficient to pay one hall of the interest on its valid bonded debt justly chargeable upon such earnings, a state regulation reducing rates, which would mate. rially reduce such earnings, is unreasonable and a vio. lation of the company's constitutional rights.-Chi. cago, M. & St. P. Ry, Co. v. Smith, U. S. C. C., D. (Vt.), 110 Fed. Rep. 473.

186. RAILROADS-Statutory Presumption as to Killing Stock.-While there is a statutory presumption that the killing of stock by a train was the result of neg. ligence, the burden is on the owner to show that the kllling was by a train.-Southern Ry. Co. v. Forsythe, Ky., 64 S. W. Rep. 506.

187. RECEIVERS-Discharge on Motion of Trespassers of Land in His Possession.-Where a recelver is ap. pointed to collect a judgment, be should not be dig.

AN ANArg on the land of

Val. Electric R. Co., U. 3. C. C., D. (Vt.), 110 Fed. Rep. 473.

189. REPLEVIN- Fraud Under General Denial.-Up. der the general denial in replevin defendants may show that the chattel mortgage under which plaintiff claims the right to possession was obtained by fraud or deception.-Payne v. McCormick Harvesting Mach, Co., Okl., 66 Pac. Rep. 287.

190. REPLEVIN-General Verification.-Each several cause of action set out in a complaint in replevin 18 verified by a general verification to the complaint.Harris v. Custleberry, Ind. T., 64 S. W. Rep. 541.

191. SALVAGE-Degree of Skill Required.-While or. dinary skill is required from a salvor, yet in case of necessity one without nautical skill may undertake a rescue in good faith, using such ability as he pos. segseg.-The Henry Steers, Jr., U. S. D. C., E. D. (N. Y.), 110 Fed. Rep. 578.

192. SCHOOLS AND SCHOOL DISTRICTS - Judgment Confessed by Director.-Judgment agalust school dig. trict, confessed by director, held yoid for want of au. thority.-Moore v. School Dist. No. 71, Okl., 66 Pac. Rep. 279.

193. SCHOOLS AND SCHOOL LANDS- School Lands a Trust.-Under Const. art. 7,8 6, and Rev. St. 1895, 88 8902, 3906, 4271, counties held to hold school lands and proceeds thereof in trust, and liable for any diversion thereof.-Board of School Trustees of Laredo v. Webb County, Tex., 64 S. W. Rep. 486.

194. SHIPPING-Liability for Injury where Charter is Violated.-The fact that a charterer puts the vessel to a different use from that specified in the charter does not render him liable to the owner for an irjury to the vessel, it it appears that the unauthorized use did not cause or contribute to the damage.-Sutcliff v. Selig. man, U. S. D. C., S. D. (N. Y.), 110 Fed. Rep. Rep. 560.

195. SHIPPING-Using Ship as War Dispatch Boat.The breaking out of a war during the term of a time charter does not affect the rights or liabilities of the charterer, who is not bound to employ the vessel in the safest business, but may employ it in any service which is lawful and not in violation of the charter.The Ely, U.S.D.C., S. D. (N. Y.), 110 Fed. Rep. 563.

196. SHIPPING-Walving Charter Provisions.-Where a charter expressly provides the lay days for loading and discharging, and fixes the amount of demurrage to be paid for overtime consumed by the charterer, the owner cannot be held to have waived such pro. vision, except upon clear evidence.-Henningsen Watkins, U.S.D. O., E.D. (Va.), 110 Fed. Rep. 674.

197. SPECIFIC PERFORMANCE - Indefinite or Alter. pate Agreements.-Specific performance of agreement to pay a debt, or, in default, to execute a mortgage, cannot be denied on the ground that it is indefinite and in the alternative.-Allender v. Evang.Smith Drug Co., Ind. T., 64 S. W. Rep. 558.

198. SPECIFIC PERFORMANCE-Oral Promise to Furnish Money.-An oral agreement to furnish the money required to complete a railroad is not such a definite and precise contract as to warrant a decree for its specific performance.-Bibber-White Co. White River Val. Electric R. Co., U. S. C. C., D. (Vt.), 110 Fed. Kep. 472.

199. STATUTE-Construction of Arkansas Statute in Indian Territory.-Where a statute of Arkansas is put in force in the Indian Territory by act of congress, it is incumbent on the courts in the territory to adopt the construction of such statutes by the Supreme Court of Arkansas.-Boyt v. Mitchell, Ind. T., 64 8. W. Rep. 610.

200. STATUTE9-"Person" Does Not Include State.

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