60. LIMITATIONS Trusts. -A claim against the assignee of an insolvent firm for a trust fund, which came into his hands along with the assigned estate, is barred by the three-years statute of limitations, even though the contract with reference thereto between the claimant and the assignor was in writing. In such a case the liability of the assignee to account as trustee for the claimant is founded not on the contract, but on his receipt of funds which in equity belong to the claimant.-BURROWS V. JOHNTZ, Kan., 48 Pac. Rep. 27. 61. LIMITATIONS Vendor's Lien. In consideration of the transfer of lands, the purchaser agreed to pay an outstanding note of the vendor. It was agreed that, in case of default at the maturity of the note, the vendor might collect from the purchaser the amount of the defaulted payment. The purchaser falled to pay the note: Held that, since the right to collect the purchase money (accrued at the maturity of the note, the vendor's lien was barred after four years from that date, under Civ. Code, § 2911, which limits the life of a lien to the time within which an action can be brought on the principal obligation. CALIFORNIA SAV. BANK OF SAN DIEGO V. PARRISH, Cal., 48 Pac. Rep. 73.

62. MALICIOUS PROSECUTION-When action Lies.-In an attachment case, R, a third person, filed a complaint claiming land levied on as defendant's property, and it was adjudged to be R's property: Held, that R had no cause of action against plaintiff in the attachment for malicious prosecution.-BREATH WIT V. ROGERS, Ark., 39 S. W. Rep. 553.

Promise. 63. MARRIAGE- Breach In an action for breach of marriage promise, the petition is sufficient when it alleges that plaintiff and defendant had agreed to marry; that plaintiff had incurred expense in preparing for the marriage; that, through the promises of defendant, plaintiff had prepared herself to become for defendant a loving and dutiful wife.-LOHNER V. COLDWELL, Tex., 39 S. W. Rep. 591.

64. MARRIAGE-Breach of Marriage Promise-Actions. -The remedy for breach of a promise of marriage is in assumpsit; hence a count thereon may be joined with one on a note. - DRURY V. MERRILL, R. I., 36 Atl. Rep. 835.

65. MARRIAGE-Jurisdiction.-Jurisdiction of an ac tion to declare a marriage void against a non-resident can be acquired only by service within the State, or by voluntary appearance of defendant.-PEPPer v. SHEARER, S. Car., 26 S. E. Rep. 797.

66. MASTER AND SERVANT-Negligence-Contributory Negligence.-If such employee voluntarily and need. lessly places himself in a highly dangerous position, when there is a reasonably safe one provided for him, and he has time to exercise his judgment, and choose a safer place, and injury occurs to him by reason of his choice, he ordinarily cannot recover for such injury. ATCHISON, T. & S. F. R. Co. v. TINDALL, Kan., 48 Pac. Rep. 12.

67. MASTER AND SERVANT-Negligence of Servant.-If a servant is acting in the execution of the orders of his master, and by his negligence, causes injury to a third party, the master will be responsible, although the act of the servant was not necessary for the proper performance of his duty to his master, or was even contrary to the orders of his master.-MCCANN V. CONSOLIDATED TRACTION CO., N. J., 36 Atl. Rep. 888.

68. MASTER AND SERVANT-Tort of Servant.-Where a motorman jumps off the car and beats plaintiff, whose wagon is obstructing the track, he is not acting with in the scope of his employment, and the street car company is not liable.-RUDGEAIR V. READING TRACTION CO., Penn., 36 Atl. Rep. 859.

69. MASTER AND SERVANT - Wrongful Discharge Damages. Where an employee is prevented by his employer from performing his contract, he is not bound for the purpose of lessening the damages, to accept new employment from the same employer, where it is not offered under circumstances inconsist ent with the condition that such employment would be a modification of the original contract.-CHISHOLM V. PREFERRED BANKERS' LIFE ASSUR. Co., Mich., 70 N. W. Rep. 415.

70. MORTGAGE-Assignment-Fraudulent Release.The fraudulent release of a mortgage by the mortgagee after the indorsement, without recourse, of the bond and coupons thereby secured, in favor of a third party having notice of the rights of the holder, does not of itself render the former liable in an action ex contractu for the amount of such debt.-SMITH V. LONG, Neb., 70 N. W. Rep. 401.

71. MORTGAGES-Assignment-Release.-The assign ment and delivery of a negotiable promissory note before maturity operates as an assignment of a mortgage given as security for the payment of the note. After such transfer the original mortgagee has no power to release or discharge the lien of the mortgage, and a release made by him without authority will not affect the rights of the assignee.-MUTUAL BENEFIT LIFE INS. Co. v. HUNTINGTON, Kan., 48 Pac. Rep. 19.

72. MORTGAGES-Contracts. At the time a mortgage for $2,200, was given, the parties made an agreement under seal, by which the mortgagor agreed to finish a house on the land, pay $1,100 for the land, and pay the cost of the material, which the mortgagee was to for nish; and it was then provided that the cost of the es tate and of the material, "whether more or less than said $2,200," should be received in discharge of the mortgage: Held, that a payment of $2,200 would d'scharge the mortgage, though the sum due under the agreement was greater.-FORD V. DAVIS, Mass., 46. E. Rep. 435.

73. MORTGAGES-Foreclosure-Declaration of Homestead. Where a declaration of homestead has been made by the mortgagor, a married man, residing with his family on the mortgaged premises, an action to foreclose, and the decree rendered therein, are void, if the mortgagor's wife is not a party to them.BRACKETT V. BANEGAS, Cal., 48 Pac. Rep. 90.

-

74. MORTGAGES Foreclosure-Surplus. - Where a second mortgagee sells the equity of redemption, under the power of sale contained in his mortgage, for more than enough to pay his debt, the surplus belongs to the mortgagor, in the absence of junior liens; and, in case such mortgagee uses the surplus to pay the first mortgage, he is liable to the mortgagor therefor. -BOBBITT V. STANTON, N. Car., 26 S. E. Rep. 817. 75. MORTGAGE Foreclosure Sale Bona Fide Pur chaser. A bona fide purchaser of mortgaged premises at foreclosure sale, who pays the price and takes a certificate of sale, is not affected by subsequent notice of adverse rights, though received before execution of the sheriff's deed.-DUFF V. RANDALL, Cal., 48 Pac. Rep.

66.

76. MORTGAGE-Release Mistake.-A release of a mortgage made and entered of record by mistake, where the debt was not in fact paid, and where there was no purpose to release the mortgaged premises from the lien of the mortgage debt, may be set aside in equity, and the mortgage will be enforced as a security for the payment of the mortgage debt.-SOUTHERN KANSAS FARM, LOAN & TRUST Co. v. GARRITY, Kan., * Pac. Rep. 33.

77. MUNICIPAL CORPORATION-Power to Issue Bonds. -A provision of a city charter authorizing the city t

construct and operate an electric light plant, provided that no indebtedness for such purpose shall be incurred unless by vote of the electors, does not authorize the city to borrow money for such purpose, and issue its bonds therefor, payable in the future, where, by other parts of the charter, power is given to issue bonds for other specific purposes, under limitations carefully defined.-FARR V. CITY OF GRAND RAPIDS, Mich., 70 N. W. Rep. 411.

78. MUNICIPAL IMPROVEMENTS - Urban Property.The question of liability of property for an assessment for a public improvement depends on the conditions existing when the improvement is made, and not when the ordinance authorizing it is enacted.-CITY OF PHILADELPHIA V. GORGAS, Penn., 36 Atl. Rep. 868. 79. NEGLIGENCE Contributory Negligence. A plaintiff who, while in the store of defendant as a customer, intentionally entered the door of a freight elevator, situated in the back part of the store, and used by employees only, without invitation or permission, and was injured by falling down the shaft, cannot recover therefor.-BENNETT V. BUTTERFIELD, Mich., 70 N. W. Rep. 410.

80. NEGLIGENCE-Damages.-Loss of memory or im. paired mental constitution are not the natural or probable results of mere bodily injuries negligently in. flicted by one person upon another, and before recov ery therefor, as items of damage resulting from such Injuries, can be had, they must be specially pleaded.ATCHISON, T. & S. F. R. Co. v. WILLEY, Kan., 48 Pac. Rep. 25.

81. PARTITION-Decree.-Though a petition by a wife and her husband for partition of land of which she owns an undivided part seeks only a division of the land among the claimants, a decree which gives her a life estate only in the portion of the land allotted to her, with remainder to her children, is not coram non judice, where she and her husband consent to it, and is binding on her and those claiming under her if she does not set it aside in her life-time--BIGLEY V. WATSON, Tenn., 39 S. W. Rep. 525.

82. PLEADING-Action on Note.-Where the note on which the action is brought is filed with the complaint, as required by Rev. St. 1894, § 365 (Rev. St. 1881, § 362), it becomes a part thereof, and cures uncertainties therein.-ALBANY FURNITURE CO. V. MERCHANTS' NAT. BANK, Ind., 46 N. E. Rep. 479.

8. PLEADING-Demurrer-Waiver.-Though the rem. edy against a person who fails to satisfy a judgment of record within 60 days after receiving satisfaction thereof otherwise than by execution is by an action of debt (Rev. St. ch. 84, § 20), such person, by pleading over after his demurrer to a motion setting out the facts and demanding judgment for the statutory for. feiture is overruled, waives the objection that such motion was not the proper remedy.-HOLLAND V. QUITMAN COLLEGE, Ark., 39 S. W. Rep. 557.

4. PLEADING-Party in Interest.-Where a contract not under seal is made with an agent, and in the agent's name, for an undisclosed principal, either the agent or principal may sue on it.-NATIONAL BANK OF VIRGINIA V. NOLTING, Va., 26 S. E. Rep. 826.

85. PLEDGE-Pleading.-The pledgor of a note is not entitled to recover its value from the pledgee on an allegation that the pledgee neglected to take steps for ite collection until after the maker became insolvent, and prevented the pledgor from doing so, where no facts are alleged from which such conclusions can be drawn, and it appears that the pledgee commenced action on the note within a few weeks after its maturity, to which the pledgor was made a party.-THOMAS V. DAVIS, Tex., 39 S. W. Rep. 579.

86. PRINCIPAL AND SURETY-Note-Release.-A surety on a note is released by an agreement between the principal and the payee that a third person shall be accepted as payor, in pursuance of which such third person assumes its payment.-FIRST NAT. BANK OF GEORGETOWN V. GATEWOOD, Ky., 39 S. W. Rep. 509.

87. RAILROAD COMPANY-Accident at Crossing.-In an action against a railway company for alleged negli. gence in running over the plaintiff while crossing its tracks at a highway crossing, the defendant is entitled to have the jury specifically instructed as to the duty of the plaintiff, under such circumstances, to look and listen for a train, before attempting to cross the track, especially when the plaintiff's own testimony suggests that he may have been negligent in this respect; and a general charge that the plaintiff was bound to act as a prudent man would do under the circumstances, leaving it for the jury to fix the standard of prudence, is not sufficient.-GRAND TRUNK RY. Co. OF CANADA V. COBLEIGH, U. S. C. C. of App., Second Circuit, 78 Fed. Rep. 784.

89. RAILROAD COMPANY Receivers-Injuries to Employees.-The Ohio act of April 2, 1890, for the protec tion and relief of railroad employees (Laws Ohio, 1890, p. 149), providing that railroad or railway corporations or companies shall not make certain contracts for exemption from liability to their employees, shall not use defective cars, etc., and that in actions against such companies for personal injuries to employees the rule as to fellow-servants is to a certain extent abrogated, applies to suits brought against a receiver of a railroad corporation operating its road.-PIERCE V. VAN DUSEN, U. S. C. C. of App., Sixth Circuit, 78 Fed. Rep. 693.

90. RAILROAD COMPANY-Right of Way-Special Tax. --A railroad right of way is subject to special taxation for street improvements.-CHICAGO, ETC. RY. Co. v. VILLAGE OF ELMHURST, Ill., 46 N. E. Rep. 437.

91. RECEIVERS Compensation — Attorney's Fees.Where a receiver agrees that his attorney shall receive 5 per cent. of the 10 per cent. attorney's fees stipulated for in the obligations on which suits are to be brought, the receiver himself to have the other 5 per cent., and, after judgments are recovered on such obligations, including the stipulated attorney's fee, the attorney applies to the court to have his compensation fixed on the basis of the agreement, or for reasonable compen. sation, the judgment debtors, who did not know of the arrangement as to fees, may intervene to have the 5 per cent. retained by the receiver refunded to them, and hence they may appeal from an order denying their prayer.-HAMMOND V. ATLEE, Tex., 39 S. W. Rep. 600.

92. RECEIVERS-Liability on Outstanding Contracts. -Receivers of a railroad company are not liable for their failure to fulfill a contract for transportation made by the company before their appointment.CASEY V. NORTHERN PAC. R. Co., Wash., 48 Pac. Rep.

53.

93. SALES Authority of Agent.-Persons dealing with a merchant's traveling salesman have a right to presume that his agency is general touching the business he is engaged in.-WOOD V. FINSON, Me., 36 Atl. Rep. 911.

94. SCHOOL DISTRICTS Creation County Court.Directors of school districts may, within the limits defined by law, locate and build school houses, and the court will not control the bona fide exercise of such power.-STATE V. WATSON, Tenn., 39 S. W. Rep. 536.

95. SET-OFF AND COUNTERCLAIM.-A cause of action accruing to a defendant for damages resulting from a conspiracy between plaintiff and another to bring an unjustifiable suit against him, and the bringing of such suit in pursuance to such conspiracy, cannot be set up by him as a counterclaim in answer to the

plaintiff's demand.-FIRST NAT. BANK OF ARKANSAS CITY V. HASIE, Kan., 48 Pac. Rep. 22.

96. TAXATION Basis for Valuation.-The market value of a mine at a fair private sale, and not the income of the property, is the criterion for ascertaining its true value, within the constitutional provision that all property shall be assessed for taxes at its "true value."-STATE V. COOK, N. J., 36 Atl. Rep. 892.

97. TAXATION - Compulsory Payment - Recovery.The payment of a tax by the owner of property after a warrant has been levied on it for the collection of the tax is a compulsory payment.-LINDSAY V. ALLEN, R. I., 36 Atl. Rep. 840.

Exemption

98. TAXATION Manufactures.-The readiness for immediate use of an article of wood which is manufactured has been uniformly held the test of constitutional exemption from taxation.WHITED & WHEELESS V. BLEDSOE, La., 21 South. Rep. 538.

99. TAXATION-Tax Sale - Constitutional Law.-In so far as Rev. St. 1895, art. 518, requires payment of taxes as precedent to making defense to a void claim of title under a tax sale, it refuses him remedy by due course of law for an injury to his right of property, and deprives him of his property without due course of law, in violation of Const. art. 1, §§ 13, 19, and violates Const. U. S. Amend. 14, § 1, declaring that no State shall deprive a person of property without due process of law. -EUSTIS v. CITY OF HENRIETTA, Tex., 39 S. W. Rep. 567.

100. TAX SALE - Validity.-Two 40-acre tracts of land and one 60-acre tract, all in one body, and owned by the same person, were separately assessed to him; and at the tax sale the sheriff offered and sold each tract separately for the taxes due thereon, instead of offering first one tract for all the taxes, and, in case it would not sell for enough to pay them, then offering two of the tracts for all the taxes, etc.: Held, that the same was void.-GREGORY V. BROGAN, Miss., 21 South. Rep. 521.

-

101. TELEGRAPH COMPANIES - Cipher Messages.-A telegraph company is not liable for negligent delay in transmitting a cipher message, where it is not made acquainted with the nature of the matter to which it relates.-HOUSTON, ETC. RY. TEL. Co. v. DAVIDSON, Tex., 39 S. W. Rep. 605.

102. TRUSTS Anti-trust Interstate Commerce.Where several corporations engaged in the manu. facture of cast-iron pipe formed an association whereby they agreed not to compete with each other in regard to work done or pipe furnished in certain States and territories, and, to make effectual the objects of the association, agreed to charge a bonus upon all work done and pipe furnished within those States and territories, which bonus was to be added to the real market price of the pipe sold by those companies, this combination was not a violation of the anti-trust act, as it affected interstate commerce only incidentally.-UNITED STATES V. ADDYSTON PIPE & STEEL Co., U. S. C. C., E. D. (Tenn.), 78 Fed. Rep. 712.

103. TRUSTS-Powers of Trustees.-A deed conveying land in trust for the grantor's wife authorized the trustees to execute "leases, deeds, mortgages, con. veyances, contracts, or agreements" in reference to the premises, as the beneficiary might request, and provided that, if the latter died before the grantor, the land should vest in her surviving children, and, if the grantor died first, the trust should cease: Held that, as the estate was only for the joint lives of the grantor and the beneficiary, the trustees, even with the beneficiary's consent, could not convey the fee.WALTON V. FOLLANSBEE, Ill., 46 N. E. Rep. 459.

104. TRUST Resulting Trusts.-Where a wife gave the husband money to invest in a lot for her, and the husband converted the fund, and afterwards purchased a lot entirely on his own credit, taking title in his own name, and the wife, believing that she owned the lot, erected a house thereon with her separate funds, a trust did not result in her favor, as against a

subsequent levying creditor of the husband, to the extept that her money was so used.-CLARK V. TIMMONS, Tenn., 39 8. W. Rep. 534.

105. WAREHOUSEMAN - Negligence.-Evidence that poultry, when put in cold storage, was in good condi tion; that it was molded when taken out; that there was moisture in the room where it was kept; and that this would produce mold,-warrants recovery against the warehouseman, without proof of any specific act of negligence producing the moisture.-LEIDY V. QUAKER CITY COLD STORAGE & WAREHOUSE CO., Penn., 36 Atl. Rep. 851.

106. WATER COURSES-Surface Waters.-The doctrine of the common law in regard to surface waters is, as a general rule, in force and controls in this State. Surface waters may be controlled by the owner of the land on which they fall or originate, or over which they flow. He may appropriate to his own use all that falls or comes on his land, and refuse to receive any that falls or originates or flows on or over adjoining prop erty.-TOWN V. MISSOURI PAC. RY. Co., Neb., 70 N. W. Rep. 402.

107. WILLS-Construction.-A devise of all the estate "to which I may be entitled at the time of my death" passes the reversion of a lot which testator had con veyed to his mother for life with the provision that it should revert to him at her decease. BLAKELY V. QUINLAN, Ky., 39 S. W. Rep. 513.

108. WILLS

Construction of Doubtful Provisions.Where the construction of a clause of a will is doubtful, and it is shown that the trustees and executors will in all probability be presently called upon to act under it, it is their duty to apply to a court of com petent jurisdiction for its construction; and such an action should be entertained by the district court, which has jurisdiction to construe wills. - THORNTON V. ZEA, Tex., 39 S. W. Rep. 595.

109. WILLS-Testamentary Capacity.-On an issue of testamentary capacity, an instruction to find for the propounders of the will if testator was of sound mind, and one to find against them if testator was unduly influenced, are not so inconsistent as to be misleading. -BRAMEL V. BRAMEL, Ky., 39 S. W. Rep. 520.

110. WILL-Testamentary Capacity-Insane Delusion. -It is proper to refuse an instruction that a will was invalid if testator had become estranged from con testant, and hostile to her, by reason of "false beliefs" in regard to her, and this feeling of hostility in fluenced him in excluding her from his will; the issue being insanity, and a false belief not being necessarily an insane delusion. APPEAL OF KIMBERLY, Conn., 36 Atl. Rep. 847.

-

113. WITNESSES Transaction with Decedent. Plaintiff in an action to recover land was defendants' sister, and claimed as devisee of their mother. De fendants offered to testify that the mother had agreed to hold the land in trust for life, with remainder to plaintiff and defendants as tenants in common: Held, that they were incompetent, under Code, § 590, provid that a party shall not be examined in his own behalf against one deriving his interest from a decedent con cerning a personal transaction between witness and decedent except where the person so deriving interest is first examined in his own behalf.-BLAKE V. BLAKE, N. Car., 26 S. E. Rep. 816.

THE LAW

PERTAINING TO

ELECTRICITY

The First Work on this Important Subject.

This is the first attempt at a Treatise on the distinct subject of Electricity, as applied to Telegraphs, Telephones, Electric Lights, Electric Railways, and other Electric Appliances, which has within a few years grown so rapidly, and upon which recent decisions have become numerous.

By Hon. SEYMOUR D. THOMPSON, One o the Judges of the Court of Appeals of Missouri, and Author of Treatises on Negligence, Liability of Stockholders in Corporations, Liability of DIrectors in Corporations, Trials, Juries, etc.

There is probably no subject upon which the Courts and the profession are more at sea than the Law pertaining to Electricity. Judge Thompson has devoted much time and care in arranging and stating the law on this growing subject, for which he deserves the thanks of the bench and bar.

CONDENSED TABLE OF CONTENTS Chapter L. Rights of Telegraph Companies. Chapter II Right to Compensation for the Use of Land by Telegraph and other Electrical Companies. Chapter III. Use of Streets and Highways by these Companies.

Chapter IV. Negligent Injuries by and to these Companies.

Chapter V. The Law Relating to Telephones and Telephone Companies

Chapter VI. General Obligations of Telegraph Companies.

Chapter VII. Statutory Penalties against Telegraph Companies.

Chapter VIII. Stipulations and Regulations Limiting Liability.

Chapter IX. Connecting Lines.

Chapter X. Negligence by Telegraph Companies.
Chapter XI. Damages in Actions against Telegraph
Companies.

Chapter XII. Contributory Fault of the Plaintiff

Chapter XIII. Parties to Actions against Telegraph
Companies.

Chapter XIV. Matters of Procedure and Evidence.
Chapter XV. Contracts by Telegraph.

Chapter XVI Telegraphic Dispatches as Evidence
Chapter XVII. Miscellaneous Matters.

THOMPSON ON THE LAW OF ELECTRICITY is in one volume. 8vo. Law Sheep. Price, $5.09 Sent prepaid on receipt of amount. Published and for sale by

CENTRAL LAW JOURNAL CO.,

St. Louis, M

NINTH EDITION.

Hints on Advocacy.

INTENDED FOR PRACTICE IN ANY OF THE COURTS,

CIVIL AND CRIMINAL,

WITH SUGGESTIONS AS TO OPENING A CASE, EX-
AMINATION-IN-CHIEF, CROSS-EXAMINATION,
RE-EXAMINATION, REPLY, CONDUCT OF A
PROSECUTION AND DEFENSE IN A CRIM-

INAL TRIAL, WITH ILLUSTRATIVE
CASES THAT HAVE OCCURRED.

By RICHARD HARRIS,

Barrister at Law, London, England.

The present edition of this remarkable book, the work of a distinguished English Barrister, will be found very valuable, even to those who have one of the former eight editions, as there is much in this edition which was not in former ones. The whole work is unique; there is nothing like it in print.

There is no school of advocacy, there are no lectures on advocacy, and there is no other work on advocacy. It seems lamentable that no instruction should ever be given in an art that requires an almost infinite amount of knowledge. Tact cannot be taught, but it will follow from experience, and a good deal of experience may be condensed into the form of rules.