gence.--Phænix Ins. Co. v. Frissell.-Filed increase the risk, is held a vacation of the Oct. 22, 1886.-Mass.

FIRE INSURANCE-CONDITION PRECEDENT TO RECOVERY OF LOSS.-Where by the con ditions of a policy of insurance certain proofs · of loss must be made before the policy becomes due and payable, such requirements are a condition precedent and before an action can be maintained on the policy the assured must show that the conditions have been complied with or have been waived by the company.--Ind. Ins. Co. v. Capehart.Filed Sept. 22, 1886.—Ind.

FIRE INSURANCE-KEEPING OF PETROLEUM ON THE PREMISES-Where a policy of insurance contains a covenant that the keeping on the premises of gun-powder, fire works, nitro-glycerine, or petroleum, the policy shall become void, the keeping of a barrel of petroleum on the premises to be used for fuel is a breach of the covenant and voids the policy.-White v. Western Assur. Co.-Filed Oct. 4, 1886.—Pa.`

FIRE INSURANCE-PERPETUAL POLICYINCREASE OF RISK-Where one has a policy of insurance in a mutual company to continue without express limitation, and the policy provides that if any change is made which will increase the risk, notice of the same must be given to the company. If the risk is increased and no notice given according to the terms of the policy, it is void.— Rife v. Lebanon Mut. Ins. Co.-Filed Oct. 4, 1886.-Pa.

premises.-Moore v. Phoenix Ins. Co.-Filed July 30, 1886.-N. H.

FRAUDULENT CONVEYANCE—Conveyance IN Trust—ObligatioN OF PARENT TO SUPPORT CHILD—A conveyance in trust for the support of the grantor and his wife, if made when he is solvent, is valid and not in fraud of creditors. Where a child lives with a parent, or a parent with a child, the law im plies that the service rendered by the one or support rendered by the other was gratuitous in the absence of an express contract. -Faloon v. McIntyre, Trustee.—Filed Oct. 6, 1886.—Ill.

FRAUDULENT CONVEYANCE--SALE OF PROPERTY BY WIFE TO HER HUSBAND—Where a wife purchases personal property and sells it to her husband, taking his note, secured by chattel mortgage, in payment, the mortgage is valid and is not in fraud of creditors of the husband.-Vandercook, Ex'x v. Gere. -Filed Oct. 9, 1886.-Ia.

FORCIBLE ENTRY AND DETAINER-NOTICE TO QUIT-DESCRIPTION OF PREMISES-In an action of forcible entry and detention of real property it is sufficient if, in the notice to quit, the premises are substantially described. Where the notice to quit described the premises as a whole and a part was occupied by another, it was held sufficient.—Dimmett v. Appleton.-Filed Oct. 13, 1886.— Neb.

FRAUDULENT REPRESENTAtions-Set

OF

If

FIRE INSURANCE-WAIVER OF LIMITATION TING ASIDE DEED-PREPONDERENCE -UNOCCUPIED BUILDING-Where the time EVIDENCE-In an action to set aside a deed in which an action may be commenced on a on the ground of fraudulent statements by policy of insurance is incorporated in a policy the seller, the fraud must be clearly estaband an action has been commenced in the lished by a preponderance of evidence. United States court within the time limited, the weight of evidence on either side is and subsequently the action is transfered by equally balanced, the bill should be dismissagreement of the parties to the state court, it ed. The complainant failing to set the deed will be presumed that there has been a waiv-aside may have a remedy in some other acter of the limitation. Such a removal from, ion.-Allison v. Ward.-Filed Oct. 14, or vacating of a building as will materially 1886.-Mich.

GAMING ALLOWING MINORS TO PLAY- marriage raise a presumption of marriage in CONFLICT OF TESTIMONY-Where one is fact, but this presumption may be rebutted convicted for allowing a minor to play pool, by other evidence. Cohabitation which is and on the trial the two players testified that illicit in its commencement will be presumed no inquiries were made as to their age before to continue to be illicit, and marriage subseallowing them to play, and the proprietor quently must be proved.—Appeal of Reading and saloon keeper testified that inquiries Fire Ins. Co.-Filed Oct. 4, 1886.-Pa. were made and they declared they were of age, on appeal the supreme court will not reverse the judgment of conviction.--Taylor ESTATE-Work done for a married woman v. State.-Filed Sept. 25, 1886.-Ind.

GUARDIAN AND Ward-Sale oF LANDDEFECTIVE NOTICE-Where the land of a ward is sold by his guardian under a decree of court, and it is subsequently found that the notice of sale was defective, if it appear that the land was sold in good faith, for a fair price, and that the interest of the ward did not suffer by the sale, it will not be set aside, nor can the ward maintain an action on a writ of entry for recovery of the land. -Nott v. C. T. S. Mfg. Co.-Filed Oct. 22, 1886.-Mass.

GUARDIAN AND WARD-LEAVE OF COURT TO MAKE INVESTMENTS—A guardian, in making investments for his ward, must obtain the sanction and approval of the court before making the investment, otherwise he will be held individually responsible for the loss, if any occurs. He cannot sheild himself from liability upon the plea that he made the investment in good faith.—Osborne v. Munroe.-Filed Oct. 9, 1886.—N. J.

HUSBAND AND WIFE-WIFE'S SEPARATE

relating to her separate estate cannot be charged to her estate unless it appears that it was necessary or for the improvement of her estate. To sustain a common law action against the husband and wife, to charge the separate estate of the wife, facts must be averred and proved sufficient to bring the case within the statute.-Fenn v. Earley.Filed Oct. 4, 1886.-Pa.

HUSBAND AND WIFE-SEPARATE EARNINGS OF THE WIFE-Where a married woman has filed her petition to secure to herself her own separate earnings, when ordered filed and recorded such record shall be conclusive evidence of her right to her separate earnings, whether the same be for wages, for property or otherwise, and such property of the wife is not subject to seizure for the husband's debts.-Spering v. Laughlin.-Filed Oct. 4, 1886 —Pa.

HUSBAND AND WIFE-TORTS COMMITTED BY WIFE-WHEN THE HUSBAND IS LIABLEIf a tort be committed by a wife in the presHOMESTEAD-MORTGAGE-NON-JOINDER ence of her husband, the presumption is that

it is done by the coercion of the husband, and he is liable, but if committed in his absence no such presumption arises and he is not liable.-Appeal of Franklin, Admr.— Filed Oct. 4, 1886.--Pa.

OF WIFE-A party, a married man, executed a mortgage on his homestead in which his wife did not join, and was subsequently divorced. After being divorced he conveyed the land to another with notice of the mortgage, which the grantee agreed to assume. Held, that the land was primarily liable for HUSBAND AND WIFE-RIGHT OF DOWER the debt, and the grantee was estopped from -DIVORCE-Where a wife obtains a divorce denying the validity of the mortgage.-Alt from her husband on account of his misconv. Banholzer.-Filed Oct. 13, 1886.—Minn. duct, she is entitled to dower in his estate, the same as though he were dead, and while

HUSBAND AND Wife-Evidence OF MAR- in possession of a portion of the premises RIAGE.-Cohabitation and reputation of may maintain ejectment to recover her dow

er.

After judgment in her favor the circuit | Day v. Mill Ownes's Ins. Co.-Filed Oct. court may proceed to admeasure the dower 14, 1886.-Iowa.

as in probate proceedings.-Rea v. Rea.Filed Oct. 21, 1886.—Mich.

INTOXICATING LIQUOR-ILLEGAL SALE OF BY A SERVANT—Where one employed as bar HUSBAND AND WIFE-JOINT NOTE BY- keeper in a saloon sells liquor illegally, it LAND PURCHASED AND DEEDED TO THE cannot be presumed that the sale was auWIFE-Where a husband applied for and ob- thorized by the master, so as to overcome tained a loan of money which he applies as the presumption of innocence. The fact purchase money on real property, and with that a man employs a servant to conduct a the consent of all parties the land purchased business expressly authorized by statute, and is conveyed to the wife, and for the money that the servant makes the unlawful sale in loaned the husband and wife unite in making the course of it, do not necessarily overcome a judgment note for the amount. Judgment the presumption of innocence, merely bebeing entered on the note and the property cause the business is liquor selling, and may sold on execution, in an action of ejectment be carried beyond the statute limits.—Comit is held that the judgment as against the monwealth v. Bryant.—Filed Oct. 21, 1886. wife was null and void, and ejectment can-Mass. ot be maintained.-Bigler v Wilson and wife.-Filed Oct. 18, 1886.--Pa.

INTOXICATING LIQUORS-REJECTION OF A SURETY BOND—In an action to compel the township board to accept a liquor dealer's INSURANCE-Ownership-DEED DELIV- bond which they had rejected, it was shown ERED IN ESCROW—In an action upon a pol- that some of the witnesses called had estiicy of fire insurance where the company sets mated the property of the surety as of suffiup a defense that the insured was not the cient value, and others had placed it at a owner of the property, it is sufficient in es- value which was insufficient. Held, that the tablishing the ownership to show that the board was presumed to have exercised good deed had been delivered in escrow.-Pang-judgment and acted properly in the matter, born v. Continental Ins. Co.-Filed Oct. 7, and that they could not disregard the testi1886.-Mich. mony before them.-DeGraff v. Byles.Filed Oct. 7, 1886.—Mich.

INSURANCE-OTHER INSURANCE A CONDITION OF FORFEITURE-Where a policy of insurance contains a condition that additional insurance taken without the consent of the company shall void the policy, other insurance being taken with the knowledge and consent of an agent of the company, and without notice to the company will render the policy void.—Robinson v. Fire Association.-Filed Oct. 14, 1886.—Mich.

INSTRUCTIONS-HOW CONSTRUED-It is for the court to instruct the jury on all points of law involved in the case, and leave the jury to find the facts. The instructions must be construed as a whole, and if taken all together they are correct, the fact that the instruction on one point, if taken alone, would be error, does not invalidate the whole.— Bartling v. Behrends.-Filed Oct. 13, 1886. -Neb.

INSURANCE—Suspending a POLICY ON A MILL BY STOPPING FOR REPAIRS-Where it is IMPANNELING jury—DisobEYING THE REprovided in the issuing of an insurance policy QUIREMENTS OF THE STATUTE-Where the on a mill that if the mill be shut down for county cierk mixed the packages containing more than 20 days for any cause, without the list of grand and petit jurors in violation notice to the company, it shall void the of the statute, and drew the jurors promispolicy, and if the mill is shut down for neces-cuously from the box, the court was authorsary repairs the policy is thereby forfeited-ized in discharging the pannel entirely.—

Atkinson v. Morse,-Filed Oct. 21, 1886.- against the objection of defendant, but may Mich.

JUDGMENT EFFECT OF TRANSFER TO ANOTHER COUNTY-A judgment transfered from the county where originally entered, to another county, has the same effect as if originally entered in the county to which it is transfered, but ro fi. fa. or proceedings can be had on it which could not be had in the county where originally entered.-Beck v. Church, Admr.-Filed Oct. 4, 1886 —Pa.

JOINT TENANTS-REDEMPTION FROM TAX SALE BY ONE TENANT-Property owned by joint tenants and mortgaged by them, the mortgage being foreclosed and the land sold, the property cannot be redeemed by one of the joint tenants to the exclusion of the other. A redemption by one inures to the benefit of the other also.-Holterhoff v. Mead.—Filed Oct. 11, 1886.—Minn.

JUSTICE OF THE PEACE-AN AGREEMENT TO RECEIVE A CONDITIONAL FEE-Where a justice agrees with plaintiff or plaintiff's at torney that certain suits for the collection of debts may be carried on before him and his usual fees shall be paid him only in case the plaintiff is successful in the collection of the debt, it is in violation of judicial duty and void. An action cannot subsequently be maintained against the plaintiff for the costs. -Willemin v. Bateson.-Filed Oct. 21, 1886.-Mich.

JUDGMENT BY CONFESSION-JUDGMENT NOTE—Where a party signed a note for a given sum which concluded with these words, "and I hereby confess judgment for the said amount," and an attorney appeared in court and confessed judgment on the note, it is held to be regular and valid.-James v. Crownover.-Filed Oct. 4, 1886.-Pa.

proceed to trial by a jury-Grant Township v. Bulles.-Filed Oct. 13, 1886.-Ia.

LARCENY FINDING THE GOODS OF ANOTHER, AND KNOWING THE OWNER, KEEPS IT The statute provides that "If any person come, by finding, to the possession of any personal property of which he knows the owner, and unlawfully appropriates the same JURY TRIAL--ACTION AGAINST A TOWN- or any part thereof to his own use, he is SHIP TREASURER-REFERENCE-In an ac- guilty of larceny." Where one found a tion at law, against a township treasurer, to pocket book containing money, knowing the recover moneys wrongfully appropriated by owner, appropriated the money to his own. him, the court cannot order a reference use, and two weeks afterwards returned the

owner the amount found, Held, that he is guilty of larceny.-State v. Bolander.--Filed Oct. 15, 1886.-Ia.

LARCENY SUFFICIENCY OF COMPLAINT A complaint charging defendant with having purchased stolen goods, knowing them to be stolen, which charges that defendant did unlawfully buy and receive such goods contrary to the statute, in such cases made and pro vided, sufficiently charges the crime although it does not in express terms aver that the goods were stolen "from another.”—State v. McLaughlin.-Filed Oct. 7, 1886.-Kans.

LIFE INSURANCE-INSURABLE INTEREST -Support of insured for life—Where a party contracted to support another for life, in consideration of a life policy made payable to him, it is held that he had an insurable interest in the life of the party supported to the extent of the amount expended for that purpose. The rule established respecting the insurable interest that one may have in the life of another, is founded in public policy.—Siegrist, Admr. v. Schmoltz.-Filed Oct. 4, 1886.—Pa.

MANDAMUS-RIGHT TO INSPECT THE BOOKS OF A CORPORATION—A stockholder desiring to protect himself against fraud, by showing a prima facie case of fraud, is enti

and for that purpose may have a writ of mandamus, compelling access to the books if his action is brought in good faith.-Phanix Iron Co. v. Sellers.—Filed Oct. 4, 1886. Pa.

LIEN FOR WAGES DUE-CERTIFICATE OF EMPLOYER TRANsfered, deliverED UP AND A NOTE TAKEN THEREFOR-Under the stat-tled to inspect the books of the corporation, ute a laborer has a prefered lien for wages in case of insolvency, but such lien does not take effect until insolvency occurs. Where an employer issues certificates for wages due to an employe, and he assigns the same for value, and the assignee presents the certifi- MASTER AND SERVANT-CONTRACT OF AN cate for payment, and in payment a promis- EMPLOYE WAIVING DAMAGES FOR INJURY— sory note is taken, the certificate is thereby A railroad company cannot limit its liability cancelled and the prefered lien in case of insolvency cannot afterward attach.-Montgomery's Appeal, et. al.-Filed Oct. 4, 1886.

-Pa.

for injury caused to an employe through carelessness of one in authority, by making a contract with the employe whereby he waives his right to damages for such injury. The liability of the company for such injuries is founded in public policy and cannot be waived by contract.-L. S. & M. S. Ry. Co. v. Spangler.-Filed Oct. 19, 1886.—O.

LIFE INSURANCE-INSURABLE INTEREST -PAYMENT OF POLICY-Where one has insured his life in favor of one who has no insurable interest in the life assured, and after death the company has paid the amount to the party named in the policy, it cannot MASTER AND SERVANT-CONTRACT be again compelled to pay the policy to the HIRING-CUSTOM-Custom, however long administrator of the estate of deceased.-established and continued, cannot change an Bomberger, Ex. v. N. B. Mut. Aid Soc.- express contract. Where a salesman was Filed Oct. 4, 1886.-Pa.

LANDLORD AND TENANT-LEASE OF OIL LAND-Where land is leased for the privilege of drilling for oil, and the lease provides that if oil is not found within four years the lease shall be void, if oil is not found within the time, but gas is found, that does not save the lease. Oil and gas are not synonymons.Truby v. Palmer.-Filed Oct. 4, 1886.-Pa.

OF

employed at a fixed salary per month exclusive of traveling expenses, and the employe returned at sundry times to the employer's office, keeping his sample goods in his personal charge, it is held that the employer was bound to pay the employe's expenses while remaining at the home office, although the custom was, among the same class of merchants, not to do so. The custom being only to pay the expenses of the employe while on