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23. CORPORATIONS - Stock and Stockholders.-Unda
kev, St. § 1754, providing that, unless otherwise &
pressly provided by law or the artieles of organik
fon, the directors of any corporation may call in m
ubscriptions to the capital stock by installments;
iving such notice thereol as the by-laws stall
cribe, to render a call for an installment of stock
prceable, in the absence of any provision of lasat
10 articles of association fixing the time for the per
bent, a notice to be given must be prescribed bal}
kw, or resolution or regulation having the effect de
y-law, as to such call, uniform as to all stockides
GERMANIA IRON MIN. CO. 6. King, Wis., 69 N. W. del:

1.
24. CORPORATIONS--Stockholders' Liability,-T
on given by Gen. St. Kan. par. 1192, to enforce is
ockholders' liability when an execation again!
prporation is returned unsatisfied, is transitors, e
ay be brought outside the state against a 18:28
ent stockholder. - NATIONAL BANK OF ONPOLIT
HITMAN, U. 8. C. C., 8. D. (N. Y.), 76 Fed. Rep. &
25. CORPORATION8-Ultra Vires Lease - Contraed
here the lessee of the franchises and property
slight company takes possession of and occupe
e property, the lessor may recover on the lease
pt accrued, though the lease is ultra vira.-L0
SLIGHT CO. V. CLAFFY, N. Y., 45 N. E. Rep. 3%
6. COUNTIES - Division of County - Apportiera

Taxes.-- The defendant county was at one time

pany, or had been taken in the name of its startis

llen on the property, as laborers, for the amounts due ers, and paid for by and held for it; and the finan

them, their fallure to follow up tbe charge of fraud by company was organized to assist in disposing de

any proof of it does not estop them from setting up a domestic company's stock.-ALABAMA MARBLE SU

claim of priority on account of their alleged lien.00. V. CHATTANOOGA MARBLE & STONE Co., Tenn

GALLOWAY V. BLUE SPRINGS MIN. Co., Tenn., 37 S. W. 8. W. Rep. 1004

Rep. 1016. 20. CORPORATIONS -- Liability of Stockholders.

28. CRIMINAL LAW-Homielde.-A charge that, where cording to its articles, a domestic corporaliga va

one performs an act which it is known will produce a organized "to manufacture and deal in 22site.

particular result, he is presumed to bave anticipated other fertilizing materials, grease and stearia." 144

and intended that result; and that "from the very fact that it was not organized for the purpose ol amry

of a blow being strack we have the right to infer as on a manufacturing basiness exclusively, and that

presumption of fact that the blow was intended prior stockholders are not within the exception found

to the striking, though at a period of time inappreciaConst, art. 10, $3.-COMMERCIAL BANK OF ST. Piste

bly distant,"–19 not error.-ALLEN V. UNITED STATES,

U.B.8.0., 178. O. Rep. 154. AZOTINE MANUFG. Co., Minn., 69N. W. Rep. 27.

9. CRIMINAL LAW-Homicide-Self-defense.-Where 21. CORPORATIONS - Liability of Trustees – It

one, after making a slight assault upon another, proMontana statute providing that, if the trusteet

voked by insulting words of the latter, in good faith corporation organized thereunder fall to maketa

withdraws from further contest, his right of self-deport of its affairs at a specified time, they shall belt

tense is restored if the assaulted person then, in viola. ble for its debts, creates a jolot and several liabiliya

tion of law, pursues him with a deadly weapon, and each creditor, which can be enforced by no te seeks to take bis life, or do him great bodily harm.law against one or all of the trustees. This liabage

ROWE . UNITED STATES, U.S. . O., 179. O. Rep. 172. not in the nature of a penalty. The right of the end

3. CRIMINAL LAW-Information - Amendment. - An itor is vested as soon as it accrues, and may de

information may be amended as to a Christian name signed, and cannot be defeated by any subsequat

or Initial, with leave of court, after plea and before change or repeal of the statute.-FITZGERALD F, IS

trial.- STATE V. MCDONALD, Kan., 46 Pac. Rep. 968. ENBECK, U. S.O.C., D. (Minn.), 76 Fed. Rep. 8.

II. CRIMINAL LAW-Warrant-Sufficiency of Charge.22. CORPORATIONS – Mortgages - Foreclosure - 1

In charging a public offense it is not necessary that toreclosure against a corporation, the mortgages,

there should be the same fullness of statement in the the production of the note and mortgage, duly are

warrant or preliminary paper, that is required in the and executed by the corporation under the bandes

information.-STATE V. BAKER, Kan., 46 Pac. Rep. 947. president, and corporate seal attested by the secrets

32. CRIMINAL PRACTICE - Obscenity.-Under Rev. St. nakvs out a prima facie case that they are validité

1994, 281 (Rev. St. 1881, § 1995), declaring guilty of pubxations, executed by authority.-ASHLEY Wie 01

lie indecency any one over 14 years of age wbo uses LLINOIS STEEL CO., III., 45 N. E. Rep. 410.

obacene or licentious language in the presence or kearing of a female, etc., if the words charged are not obscene or licentious per se, the indictment must show by extrinsic averments that they were used in that sense, and were so understood by the female.-STATE T.CONE, Ind., 45 N. E. Rep. 345.

33. DEED-Conditions Subsequent - Equity.-A deed recited that, in consideration of the performance of Its conditions, the grantors "have given, conveyed," and "do give, grant," certain land, and provided that on the death of the grantors the absolute title should vest in the grantee, provided she had fulfilled the conditions, but on failure to perform such conditions all rights conveyed should revert to the grantors: Held, that the conditions were conditions subsequent, so as to authorize equity to relieve from a forfeiture in case of non-performance. -DONNELLY V. EASTES, Wis., 69 N.W.Rep. 157.

34. DEED - Defective Description. - An administrator's deed, as well as all proceedirgs in the probate court, including the orders of sale and confirmation, described the land sold as "half interest in and to 893 acres" of a certain survey. Parol evidence, offered to Identify the land intended, showed that the survey incloded much more than 893 acres: Held, that the de. scrlption was too vague and uncertair to pass title to any land, and that the deed constituted no defense to an action by the heirs to recover the land owned by the decedent.--HERMAN V. LIKENS, Tex., 37 8. W. Rep. 981. 3. DEED – Whether Mortgage or Assignment. – An

Instrument, reciting that the maker does "bargain, rt of plaintiff county, and was set off and organa

sell, and deliver to W certain personal property, “to Leve and hold the same unto the said P, and his suc

Esaors in this trust, forever," provided that, if the d 1885, the defendant county was not the

miker should, within 60 days, pay certain creditors

bamed the specified amount of his indebtedness to portioned to and paid by plaintiff county: Hell

then, the conveyance should be vold,

and the propat, as plaintiff county bad an adequate ready

erty restored to him, and that, in case of his failure go umpsit to recover the amount of the tase o PR

to pay, it should be the duty of W or his successors to ndamus would not lie to compel defendant

all the property: Held, a deed of trust in the nature se the amount by tax upon property ribia

of a mortgage, and not an assignment for the benefit its.-BOARD OF SUP'RS OF BAY COUNTIT. BUDU

Of creditors.-W. B. GRIMES DRY-GOODS CO. V. MALPRS OF ARENAC COUNTY, Mich., 69 M. W. Rep. It

OLM, U. S. 8.0., 175. O. Rep. 158. 1. CREDITORS' BILL - Pleading and Prool-21 ditors' bill, where a deed of trust is attaa Ir ud, and it also is alleged that complainant

bsequent to the State equalization of 1881. la portionment of State taxes for the years, IN

d, as a result, the tas for the whole territory,

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44. FRAUDS, STATUTE OF-Sale of Decedent's Land.An agreement by the purchaser of land sold for debts of a decedent, with heirs of decedent, any of whom had a right to redeem, because it was sold for less than two-thirds of its appraised value, that, if they would abandon their intention to redeem, and allow him to take a conveyance under his purchase, he would pay them the value of the interest of one of the heirs, is not a contract "for the sale of real estate," within the statute of frauds.-KALER V. GRADY, Ky., 37 S. W. Rep. 955.

45. FRAUDULENT CONVEYANCES Evidence.-Under Myer's Rev. St. ch. 59, $ 4, providing that every con. veyance made with intent to disturb, delay, hinder, or defraud creditors or others persons shall be void as against such creditors, purchasers, or other persons, conveyances by a defendant, after suit brought, of a part of his property, and of the balance after service of summons upon him, but before judgment in the ac. tion, to his son, a young man apparently theretofore possessed of no property, are void as against the judg. ment creditor.--SCHUMACHER V. BELL, Ill., 45 N. E. Rep. 429.

46. FRAUDULENT CONVEYANCES — Mortgage – Future Advances.-Defendants, owning property worth $8,700, gave a mortgage thereon for $7,000 to secure a bona fide, present indebtedness of $6,200, and a suin, to be im. mediately advanced, sufficient to make the debt equal to at least the face of the mortgage: Held, that the mortgage was not fraudulent as to creditorg.-BRADLEY CO. V. PAUL, Wis., 69 N. W. Rep. 168.

47. FRAUDULENT CONVEYANCES - Sale to Creditor.The fact that a creditor accepts a conveyance from a failing debtor, knowing that the debtor is giving him a preference for the purpose of avoiding payment of other creditors, and that the latter will thereby fail to realize their claims, does not invalidate the instru. ment if it be taken in good faith to secure an honest debt.-BLEILER V. MOORE, Wis., 69 N. W. Rep. 164.

48. GARNISHMENT.-The attachment by garnishment of property of defendant upon which the garnishee has a lien is sufficient, under Minnesota statutes cited in the opinion, to give a court jurisdiction to render a valid judgment in rem against a non-appearing nonresident defendant served by publication only. The court has power to make all necessary orders for the ultimate application of defendant's interest in the property in satisfaction of such judgment.-HARTZELL V. VIGEN, N. Dak., 69 N. W. Rep. 203.

49. GARNISHMENT Assignment for Collection.-An assignment of a policy, after loss, for collection merely, does not exempt insurer from garnishment at the instance of a creditor of insured, the assignee be. ing made a party to the proceedings.--RIGNEY V. JACOBS, Iud., 45 N. E. Rep. 343.

50. HOMESTEAD-Real Estate as Exempt.-Acts 1879, ch. 171, $ 1, which provides that “a lomestead or real estate in the possession of or belonging to each head of a family, and the improvements thereon, if any, to the value of, in all, one thousand dollars, shall be exempt," and the owper “shall have the right to elect where the homestead or exemption shall be set apart, whether living on the game or not,” does not exempt real estate as such, but secures to a debtor a home. stead in lands pot now occupied, but such as he may select and appropriate to that purpose when he desires.-MOSES V. GRONER, Teno., 37 S. W. Rep. 1031.

51. INJUNCTION - Maintaining Street Bridge.- An in. junction to restrain a defendant railway company from maintaining a street bridge over its tracks, and to compel the removal of the same, will not lie at the instance of a property owner on the street, where the bridge was constructed by defendant as agent of a board of engineers, authorized by Laws 1872, ch. 702, to superintend the construction of the same, and the city, after its construction, assumed entire control over it.-TALBOT V. NEW YORK & H. R. Co., N.Y., 45 N. E. Rep. 382.

52. INJUNCTION PENDING EJECTMENT SUIT.-When plaintiff in ejectment shows title to the property, and that he will suffer irreparable injury unless defendant, who is hopelessly insolvent, be restrained from breaking the land and destroying it as pasture land, an in. junction may Issue pendente lite.--GAINES V. LESLIE, I. T., 37 8. W. Rep. 947.

53. INLAND BILL8-Certificate of Protest-EvidenceNotice of Dishonor.-Under the statutes of this State the certificate of protest of a notary public is prima facie evidence of the facts of presentment, demand, and dishonor therein set forth, as well in the case of an inland bill or note as in the case of a foreign bill. ASHE V. BEASLEY, N. Dak., 69 N. W. Rep. 188.

54. INSOLVENT ESTATE--Lands Fraudulently Con. veyed.-By the provisions of section 6139, Rey. St., the administrator of an insolvent estate is a trustee for the creditors of bis decedent with respect to lande con. veyed by said decedent in fraud of his creditors, and he may maintain a suit to subject them to the pay. ment of the demands of such creditors, unless the rights of a purchaser in good faith from the fraudu. lent grantee have intervened.--DONEY V. CLARK, Ohio, 45 N. E. Rep. 316.

65. INSURANCE Cancellation - Waiver.-An insur. ance company, having issued a "binding slip" cod. tinuing a policy in force for another year, subsequently wrote to the assured, informing him that unless he would consent to reduce the amount of the policy it would be considered canceled: Held, that the letter did not constitute a cancellation of the policy.-VAN TASSEL V. GREENWICH IN8. CO. OP CITY OF NEW YORK, N. Y., 45 N. E. Rep. 365.

56. INSURANCE-Conditions-Waiver.-An indivisible policy, conditioned that it shall be void if insured's in. terest in the property insured is other than an uncon. ditional and exclusive ownership, is entirely avoided where a portion of the property is held on conditional sale, part of the purchase price being unpaid, though at the time of the issuance of the policy the seller had commenced proceedings to recover possession of the property for non-payment of the price, and insured had given bond in such case, in order to retaiu the property, to perform the judgment of the court.PHOENIX INS. CO. OF BROOKLYN V. PUBLIC PARKS AMUSEMENT CO., Ark., 37 S. W. Rep. 959.

57. INSURANCE-Conditions - Waiver.-an insurance company is estopped to claim a forfeiture of a policy because consent to a transfer of title to the insured property was not indorsed on tbe policy, as required by its terms, where its general agent, having authority to make such indorsement, promised to go to a third person, who held the policy as collateral, and make the indorsement.-MANCHESTER V. GUARDIAN ASSUR. Co., N. Y., 45 N. E. Rep. 381. 58. INSURANCE

Contract to Ingure. -A contract to insure is not shown by evidence that an application for insurance was made to an insurance agent repre. senting several companies, the property and terms of insurance being specified, and that the agent, who at the time did not agree to place the insurance, but merely stated that he would see what he could do, for the purpose of deterinining whether the companies represented by him would take the risk, distributed the amount applied for among them, and sent his daily report to them in the usual way, which ordi. narily indicated that the policies had been written.JOHN R. DAVIS LUMBER Co. v. ScottiSH UNION & NA: TIONAL INS. Co., Wis., 69 N. W. Rep. 156.

59. INTOXICATING LIQUORS-Constitutionality of Acts, -Acts 23d Leg. p. 177, which places an annual tax on each establishment for the sale of intoxicatiog liquors, regulates the sale in many particulars, requires a bond conditioned that the obligor shall keep an open and orderly bouse, etc., and provides tbat the bond may be sued on at the instance of any person ago grieved by its violation, and guch persoo shall be en. titled to recover the sum of $500 as liquidated damages

ORPORATIONS - Concler ve DEA-Skibolders of a corpore.

Llening that a decree estabA corporate property boold *** tot endor bad wa Fed the 25 representations made to

13- stockholders, when it apo 2.1 of the proceedings result #kaled to insist at tbe time .

sited euch rigbt.-WILSON V. 12 dpp., Elgbtb Circuit, 76 Fed.

LAS, W..VN

1. LIMITAT: Drunkurss - 4 lan besar As a permit Bes

.. 779, Bev. st. ing perso accrue tn. removed E Rep.

99. MALHES action for II tion was !!! ment of offender to that it was lead the 113 wbetter the prosecut ob W collecting 1 A88X., Ten,

73. MARITIME The holder ! who has iss which bas bee llen for the .

marriage betw Dent between

Pia tenant or not.-YULLEN

onu - Fixtures.-A tenant of

Con sale certain buddings plus aris.oxit
Ormer tenant. The tenant

time limos.-1!
of the land, without reserv.

D. (Cal.;, in te
434299: Held, that ber owner 14. MARRIAGE
attrakterebs terminated, preclud.
en sction against the owner
entity indoeing her to surrender

and by their :
-TALBOT T. CRPGEE, N.

were married.

of slaves.-
E-Lease-Construction.-A

75. MASTER A
Tetor a renewal it tbe tenant
intenant, and gbould do wbat

gine.-Wlable
bare the landlord refused to

ployed by a r

that an eine
u for another year, the lat
kinakain possession whether he

of an employed
dition three ,
doe care on tu
condition of t
sible, and a
from that the
tion was idea
carefully made
WARD, Ind., 45

76. MECHANIE
completion of
the contracto!
which notes *
withio four it
ure, and while
the notes, il
county records
a mechanics

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197-Leare-Lien for Rent.-A Start of a tenant under a pro****61 alien for rent on all the

at harden of showing that the .*..up the tenant at the time

TELLT. DAILT, III., 45 N.

31341 - Surrender of Lease

: npol & written lease un. "Pertugarrender of the lease, and

for the lessor, is admissible.

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STANDARD OIL

52. INJUNCTION PENDING EJECTMEST SCI-14 plaintiff in ejectinent shows title to the protes, a that he will suffer irreparable injury onlea delawho is hopelessly insolvent, be restrained from pa Ing the land and destroying it as pastare labi. a junction may Issue pendente lite.-GAISZIT RI T., 378. W. Rep. 947.

58. INLAND BILLS-Certificate of Protest Notice of Dishonor.-Inder the statutes of tus the certificate of protest of a notary public spa: facie evidence of the facts of presentment, den._. und dishonor tberein set forth, as well in the an inland bill or bote as in the case of a fosis ASHE V. BEASLEY, N. Dak., 69 X. W. Rep. Is

54. INSOLVENT ESTATE-Lands Fraudoiesti veyed.-By the provisions of section 513, B-T. $. administrator of an insolvent estate is a trustee 123 creditors of his decedent with respect ta lacta: veyed by said decedent in fraud of his creditor L. he may maintain a suit to subject them to the ment of the demands of soch creditors, 60 - 0 rights of a purchaser in good faith from tas ta. lent grantee have intervened. -DONEI V. CLAR, U. 45 X. E. Rep. 316.

55. INSURANCE - Cancellation -- Waiver - Jobs ance company, having issued a "binding sila tinuing a polioy in force for another year, suberid wrote to the assured, informiog bim that also would consent to reduce the amount of the pills would be considered canceled: Held, that the did not constitute a cancellation of the polies.al TA88EL V. GREENWICH INS. CO. OF CITT OP STAD S. 1., 45 N. E. Rep. 355.

56. INSURANCE-Conditions-Waiver.-40 ip..

for each infraction of the condition of such bond, is
not in conflict with Const. art. 1, § 15, providing that
the right of trial by jury shall be inviolate, etc.-
PRAFY V. Goss, Tex., 37 8. W. Rep. 990.

40. JUDGMENTS – Llens. The fact that a decree for
the sale of several pieces of property, to satisfy liens
against them, permits a lien which only attached to
one piece to share pro rata in the proceeds of all, does
not render the decree void, but only reversible for er.
ror.-RYAN V. STAPLES, U.S. 0. C. of App., Eighth Cir.
cult, 76 Fed. Rep. 721.

61. JUDGMENT-Negligence of Attorney.-The negli. gence of an attorney is attributable to his client, and Then, through such negligence, a judgment is rendered against the client by default, he is not entitled to be relieved from it, under Rev. St. 1881, $ 396, authorizing the vacation of a judgment when taken through the party's "mistake, inadvertence, surprise or ex. cusable neglect."-MOORE V. HORNER, Ind., 45 N. E. Rep. 341.

policy, conditioned that it shall be roid if int" erest in the property insured is other than a e.. litional and exclusive ownership, is entirely 3

bere a portion of the property is held on costi ale, part of the purchase price being uopad it the time of the issuance of the policy tie ommenced proceedings to recorer possessione roperty for non-payment of the price, ani leo ad given bond in such case, in order to reisus roperty, to perform the judgment of the cause HOENIX INS. CO. OP BROOKLIN V. POBLIC PS3 MUSEMENT CO., Ark., 37 8. W. Rep. 959. 57. INSURANCE-Conditions – Waiver.- 10 bit umpany is estopped to claim a forfeiture of 8336 Pause consent to transfer of title to the poperty was not indorsed on the policy, as s its terms, where its general agent, baving adik

make such indorsement, promised to go to : rson, who held the policy as collateral, and the e indorsement.-- MANCHESTER F. GCARDIAN )., X. Y., 45 N. E. Rep. 381. 18. INSURANCE

- Contract to Insure.- ? sure is not shown by evidence that di applek. rinsurance was made to an insurance agent nting several companies, the property and tec: surance being specified, and that the agent, ita A time did not agree to place the insardare rely stated that he would see what he could do 3 purpose of determining whether the compete presented by him would take the risk, dist tats ? amount applied for among them, and st3!! ly report to them in the usual way, which in rlly indicated that the policies had been sites IN R. DAVIS LUMBER CO. V. Scottish Comedy NAL INS. CO., Wis., 69 N. W. Rep. 156. !. INTOXICATING LIQUORS-Constitutionality (11

62. JUDGMENT – Vacation.-It was not an abuse of discretion to deny a motion to vacate a judgment ren. dered in the absence of plaintiff and bis counsel, on account of the illness of the counsel, when the court Tas not satisfied from the showing that plaintiff had a good cause of action, and where a previous postpone. ment had been made to the day on which the judg. Dent was rendered on account of the illness of plainttii's counsel, and on an agreement with his repre. sentative that it should be tried on the day set, other counsel being employed if necessary.-HITTLE V. ZENBR, III., 45 N. E. Rep. 419.

3. JUDGMENT AGAINST CORPORATIONS - Conclusive.
gets upon Stockholders.-Stockholders of a corpora.
tion are estopped from alleging that a decree estab.
lishing a vendor's lien upon corporate property should
not be enforced because the vendor had waived the
right to a lien by certain representations made to
them before they became stockholders, when it ap.
pears tbat they were aware of the proceedings result-
ing in the decree, and yet lailed to insist at the time
that the vendor bad waived such right.-WILSON V.
SEYMOUR, U.S. C. C. of App., Eighth Circuit, 76 Fed.
Rep. 675.

64. LANDLORD AND TENANT – Fixtures.-A tenant of
lands purchased at execution sale certain buildings
Efected on the lands by a former tenant. The tenant
sabsequently took a lease of the land, without resery.
ing her rights in the buildings: Held, that her owner.
stip in the buildings was thereby terminated, preclud-
ing her from maintaining an action against the owner
of the land for fraudulently inducing her to surrender
possession of the buildings.-TALBOT V. CRUGER, N.
1., 45 N. E, Rep. 364.
6. LANDLORD AND TENANT-Lease-Construction.-A
lease for one year provided for a renewal if the tenant
should be satisfactory as a tenant, and should do wbat
was right: Held that, where the landlord refused to
rent the farm to the tenant for another year, the lat.
ter was not entitled to retain possession whether he
had proved satisfactory as a tenant or not.-MULLEN
1. Pugh, Ind., 45 N. E. Rep. 347.

55. LANDLORD AND TENANT-Lease-Lien for Rent.-A
landlord wbo seizes property of a tenant under a pro-
Sision in the lease giving him a lien for rent on all the
fenant's property has the burden of showing that the
property seized was owned by the tenant at the time
the lease was executed.-POWELL V. DAILY, Il., 45 N.

him to complete possession.-MERCIL V. BROUILLETTE, Minn., 69 N. W. Rep. 218.

69. LIBEL – Justification-Truth.-A defense of truth of a publication that a person was jailed on a charge of horse stealing is not made out by proof that he was so charged and was jailed on that charge, but the truth of the charge must be shown.-DEMENT V. HOUSTON PRINTING CO., Tex., 37 S. W. Rep. 985.

70. LICENSE TO CUT TIMBER Assignment.--An instrument executed by a railroad company by its at. torney in fact, conveying to the grantee and bis assigos the right to cut and remove, for bis own use, during a period of 20 years, all the pine timber on certain land, for a full consideration, the receipt of which was acknowledged,-being sealed with as croll, but not sigued by the president of the company, nor countersigned by its secretary,-ig a mere license to cut the timber, and vests no title thereto in the licensee until it is actually severed.-KEYSTONE LUMBER CO. V. KOLMAN, Wis., 69 N. W. Rep. 165.

71. LIMITATION OF ACTION Disability Habitual Drunkards.-An habitual drunkard for whom a guardian has been appointed is not under legal disabilities as a person of “unsound mind” (Rev. St. 1894, § 1309; Rev. St. 1881, § 1285), so as to be within section 279, Rev. St. 1894 (section 278, Rev. St. 1881), authoriz. ing persons under legal disabilities when their action accrued to sue within two years after the disability is removed.-MAKEPEACE V. BRONNENBERG, Ind., 45 N. E. Rep. 336.

72. MALICIOUS PROSECUTION.-An instruction in an action for malicious prosecution that “if this prosecu. tion was instituted for the purpose of forcing the pay. ment of a debt, and not for the purpose of bringing an offender to justice, you would be justified in finding that it was malicious,” is not erroneous, as likely to lead the jury to think that it was for them to say whether there was malice, though they found that the prosecution was instituted only for the purpose of . collecting a debt.-GPAHAM V. FIDELITY MOT. LIFE A88N., Tenn., 37 S. W. Rep. 995.

73. MARITIME LIENS – Judgments of State Courts.The holder of a judgment rendered in a state court, who has issued process of execution against a vessel which has been seized under maritime liens, has no lien for the satisfaction of his judgment upon the sur. plus arising from a sale of the vessel to pay such mari. time liens. -THE WILLAMETTE VALLEY, U. S. D. C., N. D. (Cal.), 76 Fed. Rep. 830. 74. MARRIAGE OF SLAVES-Evidence.

A cominon-law marriage between former slaves is shown by an agree. ment between them to live together as man and wife, and by their so living, irrespective of whether they were married, before emancipation after the manner of slaves.-SCHWARZ V. ALLEN, Tex., 37 S. W. Rep. 986.

75. MASTER AND SERVANT-Railroads Defective En. gine.-While evidence that inspectors of engines employed by a railroad company, were competent, and that an engine which collapsed, resulting in the death of an employee, was inspected and found in good con: dition three days before the accident, tends to show due care on the part of the company, evidence of the condition of the engine after the accident is admis. sible; and a jury may be warranted in finding there. from that the report of the inspector as to its condi. tion was incorrect, and that the inspection was not carefully made.-CLEVELAND, C. C. & St. L. RY. CO. v. WARD, Ind., 45 N. E. Rep. 325.

76. MECHANICS' LIEN-Notes for Balance Due.-Upon completion of a structure, three notes were taken by the contractors from the owner for the balance due, which notes were indorsed and sold to a bank; and within four months after the completion of the struct. ure, and while the bank was the owner and holder of the notes, the contractors made and filed with the county recorder an aflidavit in due form for perfecting a mechanic's lien to secure the indebtedness for erect. ing the structure: Held, that such lien is valid.STANDARD OIL CO. V. SOWDEN, Ohio, 45 N. E. Rep. 320.

1. Rep. 114.
6. LANDLORD AND TENANT

Surrender of Lease-
Parol.-In un action for rent upon a written lease un-
det seal, parol evidence of a surrender of the lease, and
stes ptauce thereof by the lessor, is admissible.-
ALSCHULER V. SCHIFF, III., 45 N. E. Rep. 424.
83. LANDS – Peaceable Entry.-II a person lawfully

cts 230 Leg. p. 17, wbich places an 9000 MA

h establishment for the sale of intoxicating distan

ulates tbe sale in many particulars, I.

id conditioned that the obligor shall keep su alte

Entitled to the possession of real property can make Deteeable entry, even while another is in occupation, the entry, In contemplation of law, gives or restores

I orderly house, etc., and provides that is

be sued on at the instance of any PNY ved by its violation, and such persoa d to recover the sum of $500 as liquidated

[graphic]

city of the second class may impose a license tax on tau give their own notes as te by mail to plain photographers, and the fact that a larger tax is re

supposing that quired from a traveling or non-resident photographer stawrporation, and operate the cording to his 1 than from a resident regularly engaged in the busi. musoll dirst look for payment from the money dey ness does not render the ordinance invalid.-UITY OF

parald property, and that, in a priated it to bu CALDWELL V. PRUNELLE, Kan., 46 Pac. Rep. 949.

la rument, payee, through bia chargeable wit 85. MUNICIPAL CORPORATIONS-Power to Levy School and the property, but so misma and defendants Taxes.-Under Sayles' Civ. St. art. 425a, providing that cald prodt resolted, there being Ing foreo, and incorporated cities and towns may levy a school tax are home the property would have tendanta.if such city or town is a separate and independent Imaged, nor the amount of loss

W. PRINCIPAL school district, an action to establish a llen upon real almagement.-MOORE 1. PRESS-iga a bond for estate for unpaid school taxes cannot be maintained

obligee are not by a city unless it is averred and proved that such

ng Public Moneya -An otheer, one of the tem city has been duly organized as a separate and inde

fuis pelley, is liable for public of the partners pendent school district.-MCCOOMBS V. CITY OF ROCK

and his, ad lost through the fallare partner from the PORT, Tex., 37 $. W. Rep. 988.

It they were deposited by him,

Is the role not 86. MUNICIPAL CORPORATIONS-Public Improvements.

sunt exigual. -TILLINGHAST V. MER koew nothing - Where a city council has unlimited power, under the

ito ,

V. ALSESTAD, charter in respect to street improvements, the mere

a licers-Salary.

Members

100. PUBLIC passage of a large number of ordinances for the ma

el pike turks, and those employed mortgage given cadamizing of many streets, in anticipation of a pro

Bapal kita performed the datles of Ing of a final pe posed change of law whereby such improvements can

pizat in their favor, holding under the home not be made at the expense of property owners unless

a hal build as to them, not hav. 1-BIDDLE 7. AD on petition of a majority of such owners in front feet,

as they should receive compense

101. RAILROAD etc., is not of itself any proof of fraud on the part of

beurdate of the court of Appeals, nances.-Arallo the council in enacting such ordinances.-MORSE V.

usta, palement. --BOARD OF COUNcut to build a b CITY OF WESTPORT, Mo., 37 S. W. Rep. 932.

* Pausarozz V. BRAWSER, K5, 878. W. railroad" canno 87. MUNICIPAL CORPORATIONS – Use of Streets for

gauge without Rallway.--A city is estopped to deny the authority of a

-Sud of Survivor – Liability of streets the track railway company to lay its tracks across streets where

and setzership estate, where the nance granting it has acquiesced for 20 years in such use of its streets,

did not specifs and has required the company to expend considerable

sipas band, and undertaken the man

should be cons sums in the improvement of the street crossings, such

rest of the partnership estate, and DENVER, U. 8. as the erection of gates, lights, and sidewalks, author

the pathership had been paid, and Rep. 670. ized it to construct depots, and passed many resolu

salah salad, except to make an ao

102. RAILROAD tions mentioning the tracks as established monuments

Serikate assets between the survis, Employee.--W in fixing street grades, etc.-CITY OF CHICAGO V. UNION

ek bir of the deceased partner, cover for Injurlu STOCK YARDS & TRANSIT CO., III., 45 N. E. Rep. 430.

na jesiktion in an action for ac yet tbe mere fa 88. NEGOTIABLE INSTRUMENT-Action-Pleading.-In

Res, although the matter is pendhandled the sw an action by an indorsee upon a note negotiable and

tant

, and no final settlement of had such Informe transferable by indorsement under the laws of Illinois,

Pauletbereld.-CARTER T. CHRISTIE, edge of the dat it is unnecessary to allege that the note is negotiable

the spear on the under the laws of Indiana, where it was executed.

the track, and I HAKES V. NATIONAL STATE BANK ON TERRE HAUTE, III.,

tory negligence 40 N. E. Rep. 444.

CHARL8, Kan., 4 89. NEGOTIABLE INSTRUMENT – Bills and Notes.-

103, RAILROAD Plaintiff, as indorsee of notes due August 4th, sent

atze taal paid for improvechasers of a ral them to defendant bank for collection. Prior to their

She te partnership tunds, and that to pay the val receipt by defendant, the bank building was burned,

Tead, were carried on the firm's original compar but on August 1st the bank resumed business, and noti: fied the maker of the notes. The notes were not paid

St. Usios Nár, BANK, III., 4 purchasers had

build and opera at maturity, but defendant failed to protest them for non-payment. The notes were returned to plaintiff

fent el Parties.-A party wall, where they bay

the time of pa August 8th, and the indorsers were on that day notified

plin alining owners, and resting tract, or assume by the plaintiff of the non-payment: Held, that the de

lat, must be one that both fendant, having undertaken the collection of the notes,

albine the right to use; and tbe

CO. V. HÉRIE, is not excused from liability for its negligence by rea

The la part of it, restricting, by policy of insur

104. REFORMA son of the confusion consequent upon the fire.-MEB

sh, that height of the building to providing for ne CHANTS' STATE BANK V. STATE BANK OF PHILLIPS, W18.,

most extend a party well built the lasured is no 69 N. W. Rep. 170.

90. NEGOTIABLE INSTRUMENT - Indorsement. - The mere fact that a promissory note, when offered in evi.

peof the other part will have the contract wa dence, bad indorsed upon its back the name of the payee, does not establish the fact that the payee indorsed the same, in the absence of proof of actual in.

2.1. Bost, Ind., 45 N. E. Rep. 1013.

-FIDELITY LODGE, NO. 59, VIRGINIA FIRE & dorsement.–VICKERY V. Burton, N. Dak., 69 N. W. Rep. 193.

Caban-implied Notice of Agent's -The members 91. NEGOTIABLE INSTRUMENT-Note-Protest.-Notice

and trim plaintiil, as his agent, corporated rells of protest to an indorser is sufficiently shown by the notary's certificate of protest which Mill. & V. Code,

et plaintif, for each deposit, liable therefor,
2471, makes prima facie evidence of the facts it purports
to recite, where neither the notary nor the Indorser

led the money in his own
have any independent recollection of the matter --
CITY SAV. BANK V. KENSINGTON LAND CO., Tenn., 37 8.

Waken, en themselves, payable to

elania to deliver him checks raised by subs W. Rep. 1037. 92. NEGOTIABLE INSTRUMENTS–Parol Evidence.-It is

what he was plaintiff's part. Mich., 69 N. W. no defense to an action on a note by the payee against the makers that the makers were the officers of a cor

be als a: memoranda to be risdiction - Am poration, and applied to the payee for a loan to the

Wei, alter which he would petition for rer Wasilia checks, and sent them citizens of diff

enforced on the in the name of

105. RELIGIOUS

for the constru

by the proceeds

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city of the second class may Impose a licenza tare photographers, and the fact that a lugar ban quired from a traveling or non-resident phekaganz than from a resident regularly engaged in the ness does not render the ordinance luvalli-uma CALDWELL V, PRUNELLE, Kan., 46 Pac. Rep.se

85. MUNICIPAL CORPORATIONS-Power to Lety is Taxes. -Under Sayles' Civ. St. art. 4288, proviéneta incorporated cities and towns may lety a sekond te It such city or town is a separate and independs school district, an action to establish a lien dan estate for unpaid school taxes cannot be mouética by a city unless it is averred and proteitate. city has been duly organized as a separate and be pendent school district.-MCCOOMBS T. CITY OF LIG PORT, Tex., 37 8. W. Rep. 988.

86. MUNICIPAL CORPORATIONS-Public Improvement - Where a city council has unlimited power, undert charter in respect to street improvements, the passage of a large number of ordinances for the cadamizing of many streets, in antielpation di apo posed change of law whereby such improvements not be made at the expense of property owner on petition of a majority of such owners in front let, etc., Is not of itself any proof of traad on the pretti the council in enacting such ordinances. Met CITY OF WESTPORT, Mo., 37 8. W. Rep. 982.

87. MUNICIPAL CORPORATION8 - Use of Streets the Ballway.--A city is estopped to deny the authorit di railway company to lay its tracks across streets via it has acquiesced for 20 years in such use of its est and has required the company to expend eonsidered sums in the improvement of the street crossing, as the erection of gates, lights, and sidewalks, entus ized it to construct depots, and passed med fall tions mentioning the tracks as established menuto in fixing street grades, etc.-CITY OF CHICAGO F, USA STOCK YARDS & TRANSIT CO., II., 46 N. E. Rep. l.

88. NEGOTIABLE INSTRUMENT-Action-Pleadingan action by an indorsee upon a note negotiable at transferable by indorsement under the laws of Ireland It is unnecessary to allege that the note is mentale under the laws of Indiana, where it was erectilHAKES V. NATIONAL STATE BANK ON TERRE BATTLE 40 N. E. Rep. 444.

89. NEGOTIABLE INSTRUMENT - Bills and ketePlaintiff, as indorsee of notes due August des them to defendant bank for collection. Prior to the receipt by defendant, the bank building was burns

put on August 1st the bank resumed business, and na ied the maker of the notes. The notes were not per It maturity, but defendant failed to protest the ti fon.payment. The notes were returned to planet August 8th, and the Indorsers were on that day natitd y the plaintiff of the non-payment: Held, that the endant, having undertaken the collection of the sits

not excused from liability for its negligence of the on of the confusion consequent upon the fire.HANTS' STATE BANK V. STATE BANK OF PHILLITS, ES N. W. Rep. 170. 90. NEGOTIABLE INSTRUMENT - Indorsement. - CE ere fact that a promissory note, when oftered a ence, bad Indorsed upon its back the name of yee, does not establish the fact that the psye prsed the game, in the absence of prool of actual a

prsement.-VICKERI V. Burton, N. Dak., M p. 193. 1. NEGOTIABLE INSTRUMENT-Note-Protestate protest to an indorser is sufficiently show by tary's certificate of protest which Mill. & F. Code 1, makes prima facie evidence of the facts it parpet

by sav. BANK V. KENSINGTON LAND CO., Tens, 60

Rep. 1037 1. NEGOTIABLE INSTRUMENTS–Parol Evidese:

106. REMOVAL OF CAUSES Diverse Citizenship - Ju. risdiction – Amendment. – A general averment, in a petition for removal, that the controversy is between citizens of different States, is sufficient to authorize

defense to an action on a note by the payee Age 28 makers that the makers were the officers dat fation, and applied to the payee for a lon ta py

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