erty is held under a chattel mortgage, and constitution declares that "the general assecond chattel mortgage is made on the sembly shall not grant any citizen or class of same property, and the first mortgagee has citizens, privileges and immunities which, the right to dispose of the property for the upon the same terms, shall not equally bejoint benefit of himself and the second long to all citizens." Held, that a statute mortgagee, a wrongful levy and seizure of which prescribes different methods of prothe property by the U. S. marshal, gives cedure for different tribunals, does not conthe two mortgagees a right of joint action flict with this provision in the constitution. against the marshall, for wrongful seizure. -Lipes v. Hand.-Filed Jan. 7, 1886.-Ind. Dinsmore v Mathews. Filed Jan. 6,'86.-Mich. COMMON CARRIER-AGREEMENT TRANSPORT CONTRACT-SIGNED BY ONLY ONE OF THE TO PARTIES.-Where a contract was entered CATTLE-REFUSAL.-Where a into between an employer and employe, railway company had agreed to carry cer- for a term of service more than a year, and tain cattle, and the shipper delivered the the contract did not contain a promcattle at the place of shipment, but before ise on the part of the employe to perform placing them in the cars, some of the cattle the stipulated service, and was not signed escaped and could not be loaded on the car. by him, but was signed by the employer. Held that there was no refusal to ship as Held that the contract was void, under the agreed, and the company was not liable for statute of frauds.- Wilkinson v. Havenlich. a breach of the agreement.-L. N. A. & -Filed Jan'y 6, 1886.—Nich. C. Ry. Co. v Godman.--Filed Jan. 7,'86.-Ind. CONTRIBUTORY woman be bound by contract. In order to make a married woman's contract chargeable upon her separate estate, the credit must be given to the estate, not to the indi CONTRACT-LIABILITY OF MARRIED WOMAN. NEGLIGENCE-NONSUIT.—It is a well established principle, that -Where an experienced oil miner, walked neither in law nor equity can a married within forty feet of a newly opened gas well carrying in his hand a lighted lamp, and an explosion was caused thereby, by reason of which he lost his life, on an action by his representatives to recover damages for his vidual.- -Southworth v. Kimball.death, the court upon hearing the facts, withdrew the case from the jury and ordered a non suit, on the grounds of contributory negligence. Affirmed. McClafferty v. Fisher.-Filed Nov. 2, 1885.—Penn. CONTINUANCE-MOTION FOR --DISCRETIONARY POWERS OF COURT.-Motions to continue and motions to postpone a case, are addressed to the discretion of the court, and neither can be demanded as a matter of right, except upon cause shown. The ruling of the trial court on such a motion, is not subject to review on appeal.-Morris v. State.-Filed Jan. 5, 1886,-Ind. January 1, 1886.— -Vermont. -Filed CONTRACT-SALE-WHEN A CONTRACT IS COMPLETE.-In negotiations looking to a sale of goods, as long as any material point proposed by one, is not accepted by the other party, there is no contract entered into. A published pricelist of goods is a mere prnposition, and may be withdrawn at pleasure, unless accepted before withdrawal without any modification.— -Schenectady Stove Co.v Holbrook.-Filed Dec. 22, '85. N.Y. CONSTITUTIONAL LAW--ESTABLISHING LAMP-DISTRICTS IN CERTAIN TOWNSHIPS CLASS LEGISLATION.—An act authorizing CONSTITUTIONAL LAW- -STATUTES PRE- the township authorities to put up street SCRIBING DIFFERENT METHODS OF PROCE- lamps in a certain township, and levy an DIFFERENT TRIBUNALS.-—The assessment to pay for the same, is uncon DURE BY. stitutional and vɔid. An act authorizing company sells and transfers all its propcertain improvements in one township which erty and franchises to another company, the would be inapplicable in another or in the latter is held liable on the bond of the fortownships generally is class legislation, and mer company.-Potter v. P, & S. Ry. Co. void. State v. Bloomfield. Filed No-Filed Jan'y 4, 1886.—Penn. vember 1885.-New Jersey. AND EMPLOYE. CORPORATION-DIRECTORS OR OFFICERS ΤΟ CONTRIBUTORY NEGLIGENCE-EMPLOYER TRUSTEES- -GIVING PREFERENCES -Where -An employe engaged in THEMSELVES. a corporation is drawing material to a stave factory, was in insolvent, the offers of the corporation the habit of unloading near to a shaft which are to be considered as trustees for the drove the machinery in the factory. During creditors, and they cannot so manage the the employment aforesaid, the shaft was affairs of the corporation, as to give a broken and repaired, and in doing so some preference to themselves, if they are rough points projected which made it more creditors. A conveyance of the property dangerous than heretofore to come in con- of the corporation for such purpose is void. tact with when in motion. The employe,-Haywood v. Lincoln Lumber Company. not knowing of the increased danger in -Filed December 23, 1885.-Wis. coming in contact with it, was caught by it and injured. Held that the employer was liable for damages for the injury.-Hawkins FACTURING-PACKING AND STORING ICE. v. Johnson.——Filed Jan. 9, 1886.-Ind. CORPORATIONS-ORGANIZED FOR MANU Cutting and storing ice, which has been formed by natural processes, is manufacCONSPIRACY TO DEFAME A PERSON—Ac- turing, and a corporation formed for the TION FOR—PLEADING.-An action may be purpose of "putting up, packing and manumaintained for a conspiracy to defame and facturing for market, Detroit river and lake injure a person in his business or calling, ice, and distributing and selling the same, when any means have been employed to is within the meaning of the statute authorcarry into execution the purpose of the con- izing corporate organizations for manufacspiracy. In such action where the plaintiff turing purposes.-Att'y General v. Belle alleged in his declaration, that defendants Isle Ice Co.-Filed Jan. 20, 1886.—Mich. did conspire together for snch purpose and did speak and publish of him these words: “The man must not be right in his mind," Held sufficient, and a demurrer being interposed to this declaration and being sustained by the trial court, on appeal the judgment is reversed, and a procedendo awarded.—Wilder v. McKee, et al.-Filed Jan. 4, '86-Pa. CORPORATION MEANING OF "TWO-THIRDS OF THE STOCKHOLDERS. ”—Where the act under which a corporation is empowered to perfarm certain acts provided "at least twothirds of the stockholders of such company approve and consent to the same." Construed to mean one or more persons owning two-thirds of the stock, not two-thirds in number of the stockholders.-Fredericks v. CORPORATION-TRANSFER OF FRANCHISE BY ONE CORPORATION TO ANOTHER-LIABIL- Pa. Canal Co.-Filed Oct. 26, 1885.-Pa. ITY OF THE LATTER.—Where a railway company being unable to agree with the owner COSTS CRIME COMMITTED IN ONE COUNof land upon the amount of damages to be TY, AND TRIAL HAD IN ANOTHER.—Where a paid for right of way, gives to him a bond to crime is committed in one county, and the secure the payment of whatever damages trial of the criminal had in another, the shall be finally assessed, and before judg- county in which the crime was committed, ment is had determining the amount, the is liable to the other for all the costs and expense of the trial. OF CRIMINAL LAW-APPEAL FROM JUSTICE'S COURT CANNOT BE DISMISSED AS OF RIGHT. -When, upon conviction of a misdemeanor, before a justice of the peace, an appeal is taken, this stays all proceedings in the case and transfers the case fully to be disposed of de novo, in the appellate court, and the plaintiff cannot dismiss the appeal.-Wiseheart v. State.-Filed Jan. 5, 1886.—Ind. CRIMINAL LAW-RAPE-RESISTANCE PROSECUTING WITNESS-UNCHASte female. In a prosecution for rape, the state is bound CRIMINAL LAW--ARRAIGNMENT--PLEA. to show determined resistance by the victim -The failure to formally arraign an accused of the assault. Rape may be committed in a justice's court,is no ground for reversal, on an unchaste woman. An instruction if it appears that defendant interposed a that the jury should consider the degree of plea. Where the record does not show that interest which a witness has in the case, a plea was interposed, it will be presumed their manner and actions while testifying, that it was, on the ground that proceedings and all other circumstances connected are presumed to be regular, unless shown to therewith, in considering the just weight of be otherwise.-Jones v. State.--Filed the testimony, is uot error.-Anderson v. January 5, 1881.-Indiana. State.-Filed Dec. 31, 1885.-Ind. CRIMINAL LAW-PREJUDICE OF JUROR. The affidavit of the defendant, alleging that he is informed, and believes, that one of the jurors stated during the trial that he would procure a verdict of guilty, or hang the jury, is not sufficient to vitiate the verdict.—State v. Tecker.--Filed Dec. 17, 1885.-Iowa. CRIMINAL LAW-BREAKING AND ENTERING A DWELLING.-Where a person calls upon the occupants of a dwelling tn the night time, to open the door and admit him, alleging that he is an officer and desires to serve a writ on a party in the house, but in fact is no such officer, and when the door is opened, he enters and commits deeds of violence and robbery. Held that his method CRIMINAL LAW--INDICTMENT—AMEND- of obtaining entrance is a breaking and enMENT.—The statute requires that all indict- tering under the statute.-Seling v. White. ments conclude with the words "against the Filed January 6, 1886.—Neb. peace and dignity of the state." An indictment containing two counts, and only the latter concluding in the required form, the other may be amended by adding the requisite words. -State v. Anderson.-Filed of costs are imposed on a defendant in a January 14, 1886.-Vermont. UNTIL CRIMINAL LAW COMMITMENT criminal prosecution, and he is committed until the fine is paid, where it appears that CRIMINAL LAW-MOTION FOR CONTIN- he is absolutely unable to pay the penalty UANCE-DISCRETION OF COURT.-The order imposed, the county board may remit the of court denying a motion for continuance whole or part, as in iheir discretion is best will not be reversed on appeal, unless a and just to do, and discharge the prisoner gross and arbitrary abuse of discretion is accordingly.-In Re Boyd.-Filed January shown. The exclusion of testimony will 9, 1886.—-Kansas. not be ground for reversal, unless the party suffers damage by its exclusion.-State v. DAMS-DAMAGE FROM BACKWATER-Two O'Neill.-Filed Dec. 14, 1885.-Oregon. | MILLS ON SAME STREAM.-Where two mills are erected on the same stream, and the TION AGENT-LIABILITY FOR LOSS ALTOUGH owner of the lower mill erects a dam, the THE OWNER HAS NOT PURCHASED A TICKET. backwater from which causes damage to the -A demurrer to evidence admits all the facts owner of the upper mill, in an action for which he evidence tends to prove. Where damages it is competent to show how much a railroad company receives baggage and it the backwater hindered and obstructed the is lost before transit, the company is liable operations of the upper mill, as a means of for the loss, although the owner thereof had getting at the measure of damages.--Gibson not purchasǝd a ticket. A trunk delivered v. Fischer.-Filed Dec. 16, 1885.—Ia. to the baggage master in the evening, intended for tranit by the morning train, was lost during the night. Held that the company was liable for the loss.-L.S.&M.S.Ry Co. v. Foster.-Filed Dec. 29, 1885.-Ind. DECEDENT'S ESTATE- -PROCEEDINGS IN PARTITION.—When a decree is entered for the partition of a decedent's estate, all parties in interest are entitled to notice of the meeting of the commissioners to determine the matter; all the commissioners appointed PARTIES MAY BE INTRODUCED BY EITHER must be present, but all need not sign the PARTY.-Where a deposition is taken by an report. Simpson v. Simpson. Filed agreement between the parties, and the par DEED-LAND DEPOSITIONS-TAKEN BY AGREEMENT OF ty on whose motion it was taken fails to introduce it as evidence in the case, the opposite BOUNDED BY A HIGHWAY party may do so.-Smith v. Capital Bank. -REPAIRING HIGHWAY.- Where land is-Filed Jan. 20, 1886.-Minnesota. conveyed and described as lying "southwardly of a highway," and excepting the DIVORCE-EFFECT OF FOREIGN DIVORCE. road laid over said land, it will be con- -A woman, a resident of Canada, was marstrued as including the land to the middle of the highway. A surveyor of highways who wilfully injures the land of any one, by taking therefrom material for repairing a highway, is a trespasser and will not be protected from the consequences by reason of his of fice. Wellman v. Dickey. Filed December 19, 1885.--Maine. ried in New York and for a time lived in that state. She left her husband and re. turned to Canada to reside, and her husband obtained a divorce on the ground of desertion, in Ohio. She subsequently married the plaintiff, who knew of her former marriage and divorce. The plaintiff now seeks a divorce on the ground that she had a husband living when he married her. Held that the Ohio divorce was void and a decree is granted.—O'Dea v. O' Dea. -Filed December 22, 1885.—N. Y. A motion to suppress a deposition because the commissioner did not subscribe each sheet of the same, and because the comissioner did not enclose the commission, inter- DRAINAGE ALONG A ROAD-IMPERFECT rogatories and deposition, in a packet, and DRAinage-Damage to ADJACENT PROPbind with tape and seal, precisely as is re- ERTY.-Where drains are carried along the quired by rule, overruled. Held that these side of a roadway, in such manner that a objections were formal, and where there was flood will of necessity cause damage to adno fraud shown in connection with the tak jacent property, the person or the authorities ing of the deposition, they were properly causing the drains to be so constructed, are received in evidence.-Chadwick v. Chad. liable for the damage accruing therefrom.— wick.-Filed Jan. 12, 1886.-Mich. Huddleston v Bellevue.---Filed Jan. 4,'86.--Pa. DEMURRER BAGGAGE DELIVERED TO STA EASEMENT- RIGHT OF INGRESS AND EGRESS TO PREMISES.-The owners or oc- detainer, and an appeal taken from the cupants of the second floor of a building, judgment in the case, the pendancy of the have a right to ingress and egress by means appeal does not bar an action in ejectment of a hall used in common by the occupants by the same plaintiff against the same deof the first and second floors. In Dillman fendant.-Bettlinger v. Hurley.--Filed v. Hoffman. 38 Wis. 559, it is said;"When January 9, 1886.—Kansas. one part of an estate is dependent, of necessity, for enjoyment on some use in the nature ERROR-INSTRUCTIONS DIVIDED INTO of an easement, in another part, and the ow- SECTIONS.-The statute provides that inner conveys either part, withont express structions shall be submitted to the jury in provision on the subject, all the authorities writing, and divided in consecutively numagree that the part so dependent, thence bered paragraphs. If this is not complied called the "dominant estate," carries or re- with, and the opposite party makes no observes with it an easement of such necessary jection, on appeal, it will be considered that use in the other part, thence called the "ser- the point was waived.-Gibson v. Sullivan. vient estate."-Galloway v. Bonesteel.--Filed Jsn'y 6, 1886.—Neb. Filed January 12, 1886.-Wisconsin. EJECTMENT--WAIVER OF EQUITABLE DE- ILEGED COMMUNICATIONS.-Where the eviFENSE- -PRIVILEGED COMMUNICATIONS. dence in an action is nearly balanced on Where an equitable defense is set up in an either side, the verdict will not be set aside action of ejectment, unless the defendant as against the evidence. A communication ask that trial be had first as to such equity, made to an attorney who has not beer rehe waives his defense in equity, by going to tained as counsel is not privileged.-Romberg trial on the law issues. A communication v. Hughes.-Filed Jan. 6. 1886.-Neb. to an attorney who is not retained as counsel in the case, is not privileged.-George v Silva. Filed Dec. 28, 1885.-Cal. ERROR-STAY OF PROCEEDINGS-REVIVAL OF JUDGMENT. The commencement of proceedings in error in the supreme court, EJECTMENT ADMISSION ON TRIAL CAN- does not necessarily stay all proceedings in NOT SUBSEQUENTLY BE DENIED. In an the case in the lower court. It only stays action in ejectment, where the defendant proceedings in judgment which it is sought admitted on trial that a deed offered in to have reviewed. Where no order is made evidence was not in effect a mortgage, to stay proceedings in the lower court, and he cannot on appeal deny that admission, pending the appeal the prevailing party dies, or claim that such deed was in fact a the district court, upon application and nomortgage.- -Evans V. Enloe.Filed tice, may revive the judgment in the name December 23, 1885.-Wisconsin. ERROR- -MOTION FOR A NEW TRIALUNLAWFUL DETAINER- -EJECTMENT.Where the record does not show that a motion for a new trial was made in the trial court, it will not be presumed by the appellate court. Errors in the trial cannot be considered by the appellate court, unless a motion was made in the trial court for a new trial on the ground of such errors. Where an action has been commenced for unlawful of the administrator of the estate of deceased.-U. P. Ry Co. v. Andrews.Filed January 9, 1886.-Kansas. ERROR-FILING AMENDED PLEADINGSSUBMISSION TO JURY- -Where amended pleadings are filed, and on appeal certified by the judge as part of the transcript, they will be presumed to have been regularly filed. Whether the facts in evidence be disputed or not, if different persons may honestly draw different conclusions from |