MEHERIN V. SAN FRANCISCO PRODUCE EXCHANGE, Cal., 48 Pac. Rep. 1074. 67. LIMITATION OF ACTIONS.-Under Rev. St. 1895, art. 3369, providing that on the death of a person against whom there may be a cause of action limitations shall cease to run for 12 months unless an administrator is appointed, an action to cancel a deed as procured by fraud of deceased, otherwise barred within four years after discovery of the fraud, under Sayles' Civ. St. art. 3207, may be brought at any time within five years from such discovery.-GROESBEECK V. CROW, Tex., 40 S. W. Rep. 1028. 68. LOST INSTRUMENTS - Secondary Evidence. Secondary evidence of the contents of a lease alleged to have been lost is not admissible without some preliminary proof that the original once existed.-WEILER V. MONROE COUNTY, Miss., 22 South. Rep. 188. 69. MANDAMUS TO JUDGE-Criminal Law.-Mandamus will lie to compel the judge of a city court to reinstate a criminal case which he has discontinued for reasons insufficient in law.-EX PARTE STATE, Ala., 22 South. Rep. 115. 70. MASTER AND SERVANT - Assumption of Risk.Where defects connected with a service are obvious to a servant, and he voluntarily continues in the service without objection, he assumes the risk.-LOUISVILLE & N. R. Co. v. KEMPER, Ind., 47 N. E. Rep. 214. 74. MASTER AND SERVANT · Assumption of Risk.Where a helper at a roundhouse knew of the existence of a hole in the turntable, and had noticed its location every night that he had worked there up to the time of the accident, and entered no complaint therefor, he assumed the risk of working on such defective turntable though he may have seen the bridge carpenter measuring it, there being no promise of repair.COWLES V. CHICAGO, R. I. & P. RY. Co., Iowa, 71 N. W. Rep. 580. 72. MASTER AND SERVANT-Contributory Negligence. -Where a boy employed in a brick yard goes into a shed, and is injured by a revolving shaft, the employer is not liable therefor, where the duties of the boy did not require him to go into such building, and he had been warned of the danger of so doing.-MONFORTON V. DETROIT PRESSED-BRICK Co., Mich., 71 N. W. Rep. 586. 73. MASTER AND SERVANT-Personal Injury-Disregard of Rules. Where an injury to a railroad employee is alleged to be due to a violation of a rule of the company, evidence that the employees habitually disregarded the rule, with the knowledge of the superintendent, is admissible to show abrogation thereof, without showing previous non-observance under con. ditions similar to those which existed at the time of the accident.-LAKE ERIE & W. R. Co. v. CRAIG, U. S. C. C. of App., Sixth Circuit, 80 Fed. Rep. 488. 74. MECHANIC'S LIEN Enforcement. - A subcontractor invoking, in the same action, judgment against the contractors and foreclosure of his mechanic's lien, may have judgment of foreclosure, though unable to get personal service on the contractors, and therefore unable to get valid personal judgment against them.O'ROURKE V. BUTTE LODGE, NO. 14, INDEPENDENT ORDER OF GOOD TEMPLARS, Mont., 48 Pac. Rep. 1106. 75. MECHANICS' LIENS-Property Held in Common.Where a subscription contract for the construction of a building binds the subscribers to pay only the respective amounts subscribed by them, the interest of each being proportionate to his subscription, mechan. ics' liens for such construction accrue only against the undivided interest of each for the amount severally owing by him; Code 1886, § 3018, providing for a lien for work done by virtue of a contract with the owner to the extent of the interest owned by him.-HINES v. CHICAGO BLDG. & MANUFG. CO., Ala., 22 South. Rep. 160. 76. MECHANIC'S LIEN-Waiver by Taking Notes.Where defendant advanced money to the owner of a building, and took a mortgage thereon while a contractor was erecting it, he was affected with notice of the contractor's lien, and the contractor was not estopped by taking from the owner notes for the amount thereof secured by mortgage on the building.-FARMERS' & MECHANICS' NAT. BANK OF FT. WORTH V. TAYLOR, Tex., 40 S. W. Rep. 966. 77. MINING-Locating Claim Notice.- If one first discovering a vein or lode does not make a valid locacation thereon, another may make such location.WILLEFORD V. BELL, Cal., 49 Pac. Rep. 6. 78. MORTGAGE-Assignment-Bona Fide Purchaser. -Where a note is acquired for value and in good faith before maturity, a deed of trust securing it, and which passes as an incident thereof, is, like the note itself, discharged from all equities existing between the original parties.-CRAWFORD V. C. AULTMAN, Mo., 40 8. W. Rep. 952. 79. MORTGAGE-Cancellation.-The rule for the cancellation of a prior and ranking mortgage on the ground that the inscription thereof has ceased to have effect, for want of proper or timely reinscription, is a familiar proceeding; but, in case the question upon which a duly-inscribed prior mortgage depends is simulation or fraud in the cause or consideration of the obligation secured thereby, the creditor is necessarily put to his revocatory or other action for relief.-BALDWIN V. BORDELÓN, La., 22 South. Rep. 196. 80. MORTGAGE Foreclosure-Attorney's Fees.-To stop foreclosure of mortgage providing for payment out of proceeds of sale of a reasonable solicitor's fee, tender after bill filled should include an offer to pay reasonable fee for services already performed.-OAKFORD V. BROWN, Ill., 47 N. E. Rep. 202. 81. MORTGAGES-Foreclosure-Surplus-Where a first mortgage is foreclosed by a judicial decree, without the joinder of the second mortgagee, and a surplus results from the sale, the second mortgagee cannot elect to transfer his lien to the surplus, instead of following the reguar remedy of foreclosure, subject to the rights held under the first mortgage.-MILMO NAT. BANK v. RICH, Tex., 40 S. W. Rep. 1032. 82. MORTGAGE Receiver Collection of Assets.Pending foreclosure, a receiver of the mortgaged prop erty was appointed, who also took possession of cer tain moneys of defendant then on hand, and collected others then due ¡defendant, and used the same in the course of the receivership, though they were not subject to the mortgage lien: Held, that a judgment cred. itor of defendant was entitled to an order, as against the receiver, subjecting such funds, as the moneys of defendant, in part satisfaction of his judgment.-CALIFORNIA TITLE INSURANCE & TRUST CO. V. CONSOLIDATED TIEDMONT CABLE CO., Cal., 49 Pac. Rep. 1. 83. MORTGAGE FORECLOSURE-Counsel Fees.-On foreclosure by action, recovery cannot be had on default for counsel fees stipulated in the mortgage under a prayer for sale of the mortgaged premises, and application of the proceeds to the amount due, though the right to such counsel fees is averred in the complaint; Code Civ. Proc. § 580, providing that the relief granted on default cannot exceed that "demanded" in the complaint.-BROOKS V. FORINGTON, Cal., 48 Pac. Rep. 1073. 84. MUNICIPAL CORPORATION--Railroads in Streets.After a railroad was constructed in a street of a city without authority, an ordinance was passed authoriz ing its construction. Subsequently legislative authority was for the first time conferred on the city to grant the power to construct railroads in its streets, and the city then passed an ordinance reciting the former ordi. nance and granting the company the right to construct double tracks under the same restrictions: Held, that the effect was to legalize the construction and opera. tion of the railroad.-CITY OF OWENSBORO V. OWENSBORO & N. R. Co., Ky., 40 S. W. Rep. 916. 85. NATIONAL BANKS-Usury.-Under Rev. St. U. S. § 5198, the penalty for reserving usurious interest by the contract is the forfeiture of the entire interest, while the penalty where the interest has been actually paid is the liability in a separate action for twice the not be collected of the purchaser or mortgagee.-ST. JOHNS' NAT. BANK V. BINGHAM TP., Mich., 71 N. W. Rep. 588. amount thus paid.-MARION NAT. BANK V. THOMPSON, Ky., 40 S. W. Rep. 903. 86. PARTNERSHIP-Duties.-Under Civ. Code, §§ 2410, 2411, partners are bound to act in the highest good faith towards each other, and this continues and extends to the dissolution and liquidation of the partnership affairs.-WIESTER V. WIESTER, Cal., 48 Pac. Rep. 1086. 87. PLEADING-Demurrer-Supplemental Complaint. -Where, at the time of the filing of a supplemental complaint, there was no complaint on file, but it was out on demurrer, the supplemental complaint could not be the foundation of an action.-ELLIS V. CITY OF INDIANAPOLIS, Ind., 47 N. E. Rep. 218. 88. PLEADING-Statute of Frauds.-Under the code pleading, where an agreement is alleged In the answer which the statutes of frauds requires to be in writing, it will be presumed it was in writing, without an allegation to that effect.-BRADFORD INV. Co. v. JOOST, Cal., 48 Pac. Rep. 1083. 89. PLEADING Verification of Plea Waiver.-A plaintiff who makes no objection before trial waives the affidavit required by statute verifying the plea of part failure of consideration. ASHCRAFT Y. STEPHENS, Tex., 40 S. W. Rep. 1036. 90. PRINCIPAL AND SURETY-Application of Payments. -It is a general rule that a surety cannot direct the ap. plication of payments made by his principal and that he is bound by any application made by the principal, and the creditor, or either.-MERCHANTS' INS. Co. v. HERBER, Minn., 71 N. W, Rep. 624. 91. QUIETING TITLE-Pleading.-To authorize a judgment quieting title, plaintiff must allege and prove that he is in possession of the land.-COPPAGE V. GRIFFITH, KY., 40 S. W. Rep. 908. 92. RAILROAD COMPANY-Contributory Negligence.Where one having control of a team is driving over a railroad track at a street crossing without looking or listening for trains, or, where there are obstructions rendering looking useless, without stopping to listen, it is contributory negligence.-MOORE v. CHICAGO, St. P. & K. C. RY. Co., Iowa, 71 N. W. Rep. 569. 93. RAILROAD COMPANY-Defective Depot Platform.A railroad company is guilty of negligence where it allows a hole to remain in a platform which persons use in hauling and loading cotton for transportation over the lines of the railroad company.-FT. WORTH & N. O. RY. Co. v. NESMITH, Tex., 40 S. W. Rep. 1071. 94. RAILROAD COMPANIES-Injury to Person on Track. -To constitute willfulness on the part of servants in charge of a train, in their omissions to make proper preventive effort after discovering the peril of a person on the track, they must have been conscious at the time that they were omitting to use the means at hand which the circumstances reasonably required to avert an injury; and hence a count which merely charges a failure to exercise due and reasonable care, after discovering the peril, charges negligence only. - ALABAMA, G. S. R. Co. v. BURGESS, Ala., 22 South. Rep. 169. 95. RES JUDICATA-Garnishment.-Judgment on foreclosure by a wife of a mortgage on the homestead executed by her husband was not an adjudication against a judgment creditor of the husband as to the validity of the indebtedness, though he filled and afterwards withdrew an answer, as he had no lien on the premises under his judgment.-THOMAS V. MCDANELD, Iowa, 71 N. W. Rep. 572. 96. SLANDER- - Charging Larceny. To say to one, "You are a liar and thief, and I have the papers to prove it," charges larceny, and is actionable per se, unless the circumstances show that the words ought not to be understood in their ordinary sense.-YOUNGS V. ADAMS, Mich., 71 N. W. Rep. 585. 97. TAXATION-Personal Property - Sale before Lien. Where one in whose name bank stock has been taxed sells it, or mortgages it for its full value, before personal taxes become a lien on personal property, and "take precedence of any sale, mortgage or other lien on such property" thereafter made, the tax can. 100. TENANCY IN COMMON Farming on Shares. - An agreement for the cultivation of land on shares construed, and held to create the relation of tenants in common in the crops, as between the owner and the occupier of the land; that, in view of all the other terms of the agreement, the only effect that can be given to a provision "that, until division of the crops, the title and possession shall be and remain in the owner of the land," is that he shall hold the same as security for the performance of the contract by the oc cupier. - STRANGEWAY V. EISENMAN, Minn., 71 N. W. Rep. 617. 101. TENANTS IN COMMON-Rents-Accounting.-A bill will not lie for the mere purpose of settling an account between tenants in common, where one is liable to his cotenants for rents received, and the amount is fixed and certain, and there is no complication or con fusion of accounts.-MCCAW V. BARKER, Ala., 22 South. Rep. 131. 102. TOWNS Defective Streets. An incorporated town has exclusive control of its streets, and must use ordinary care to keep them in a safe condition for travelers thereon exercising ordinary care.-TOWN OF WORTHINGTON V. MORGAN, Ind., 47 N. E. Rep. 235. 103. TRESPASS- Damages.-The damages for cutting lumber, where cut in good faith, is the value of the logs in the creek where they have been put, less the cost of getting them there.-BOND V. GRIFFIN, Miss., 22 South. Rep. 187. 104. VENDOR'S LIEN-Waiver-Mortgages.-A vendor's lien is waived by taking a mortgage for purchase money.-FIELDS V. DRENNEN, Ala., 22 South. Rep. 114. 105. VENDOR AND PURCHASER Covenants of Warranty. It is a defense to an action for breach of cove nant of warranty that, through fraud and collusion be tween plaintiff and another, the land in question, when found subsequent to plaintiff's purchase to be public land, was entered as a homestead for the use of plaintiff, and that his eviction therefrom was only pretended. -FRIX V. MILLER, Ala., 22 South. Rep. 146. 106. WATERS-Obstructing Water Course.-An owner of land has no right to dam a natural water course so as to obstruct the flow of the water, thereby causing it to overflow upon and injure the property of another. -BOOKER V. MCBRIDE, Tex., 40 S. W. Rep. 1031. 107. WILLS-Construction-Life Estate.-Testator de vised lands to his son, "to have and to hold during the life of my son, and the life-time of his wife, to have and to hold the same and enjoy all the benefits or profits in any wise accruing from said land during their natural lives," and, at the death of his son and his wife, the land to be sold, and the proceeds equally divided among their children: Held, that the son took only a life estate, notwithstanding that a small charge was made upon the land in favor of his mother.--HENRY V. PITTSBURGH CLAY MANUFG. CO., U. s. C. C. of App., Third Circuit, 80 Fed. Rep. 485. 108. WITNESSES - Competency - Waiver.-Where an administrator is a party, he may waive the incompetency of the opposite party to testify to statements of and transactions with deceased under Rev. St. 1589. § 8918, and he does so by taking the latter's deposition, though it is not used on the trial. Mo., 40 S. W. Rep. 930. Ess V. GRIFFITH, The crowning merit of the work, as distinguished from other treatises on Abstracts of Title, is a happy delineation of the subject from the great bulk of the law of Real Property, which belongs rather to the theory than the practical application of the law to the subject in hand. The writer has more than sustained his reputation for terseness in the style and systematic arrangement of the text, and the forms given in the appendix will be found of invaluable assistance to the inexperienced. In a sentence, this work will be found concise, practical and thoroughly reliable. No one who deals in any way with Titles to Real Estate can afford to be without it. The remarkable popularity of the First Edition of this book has made a Second Edition necessary. In this edition the text has been revised with reference to late decisions and statutory enactments. Martindale on Abstracts of Titles is in One Volume. 8vo. Bound in Law Sheep. Price, $2.50. Sent prepaid on receipt of amount. Published and For Sale by CENTRAL IAW JOURNAL COMPANY, 19 Olive Street, ST. LOUIS, MO. NINTH WITION. Hints on Advocacy. INTENDED FOR PRACTICE IN ANY OF THE COURTS, CIVIL AND CRIMINAL, WITH SUGGESTIONS AS TO OPENING A CASE, EX- 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 noth. ing 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. Re-Examination. Opening the Defendant's Case. Conduct of a Prosecution. Conduct of a Defense in a Criminal Trial Analysis of the Opening Speech in the Trial of Examples of Reply, Peroration, etc. An Acrobatic Performance in Cross-Examination. A Word on the Appointment of a Public Prose cutor. As to the Utility of the Grand Jury. Tactics, No practicing lawyer, and indeed no one who ex pects ever to address a court or jury, should fail to have this book. It is useful alike to the student, the young lawyer, and the old practitioner. There is no work extant which can fill its place. HINTS ON ADVOCACY is in one volume. 8vo. Law Sheep. 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A new, greatly enlarged and reconstructed edition of Beach on Receivers. A practical and comprehensive treatise upon the Law of Receivers, with extended consideration of Receivers of Corporations. By CHARLES FISK BEACH, Jr., with elaborate additions to the text and notes, and material changes therein, By WILLIAM A. ALDERSON. Price, $6.00 net, or 86.30, delivered. This 1897 edition is enlarged to over 1,000 pages, and is the largest, most complete, and in every respect the best work on Receivers now published. No topic relating to the subject has been omitted or slighted. MAUPIN ON MARKETABLE TITLE TO REAL ESTATE. Being also a treatise on the Rights and Remedies of Vendors, and Purchasers of Defective Titles, including the Law of Covenants for Titles, the Doctrine of Doubtful Title, of Specific Performance, and other kindred subjects. By CHAPMAN W. MAUPIN. 1 large 8vo vol. Price, $6.50 net, delivered. This book is a pioneer. It is the only American publication on the subject. 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BAKER, VOORHIS & CO., Law Publishers, 66 NASSAU STREET, NEW YORK. Central Law Journal. ST. LOUIS, MO., AUGUST 6, 1897. This vacation period of the year for the practitioner is appropriately becoming the season for the meeting of bar associations, which being held, as a rule, at cool resorts, enables the overworked attorney to combine a good deal of pleasure with a very little of real business and to meet and exchange ideas with his fellow members of the bar, to the great advantage of all, particularly in the direction of broadening the mind and elevating the professional standard. The Illinois State Bar Association held its twenty-first annual meeting at the Chicago Beach Hotel on July 1st and 2d. John H. Hamline, the president of the association for the past two years, presided. The committee on admissions reported favorably on eighty applicants for membership and they were duly elected. The association devoted much time to the discussion of the changes in the procedure of the Supreme Court of Illinois, necessary to adapt the practice of that court to the recent act locating it at Springfield. After being migratory for about a half century, the Supreme Court of Illinois has found a permanent home at the State capitol, a reform to which the association had devoted much time and effort, and the association followed this by considering the changes advisable in the practice to get the best results from the location of the court. After discussing the matter in its various phases a resolution was passed favoring the adoption of the practice of the Supreme Court of the United States with regard to the consideration and hearing and decision of cases. George W. Miller, of Chicago, delivered an address on the "Bar and Legislature." Mr. Miller was a member of the last general assembly and introduced into the house of representatives the bill locating the supreme court and the success of the matter is largely due to his ability and influence. R. E. Hamill, of Springfield, delivered an address on the "End of the Law." The association next considered the question as to whether any cause ought to be heard in more than one court of review. At present most cases in Illinois are taken to an intermediate appellate court, and many of them are appealed then to the supreme court. The discussion was opened by Judge Simeon P. Shope, late of the Supreme Court of Illinois, and Judge Henry M. Sheperd, late of the appellate court for the Chicago district. Prof. Henry Wade Rogers, president of the Northwestern University, delivered an address on "Legal Education," which was followed by an address by Jesse Holdom, of the Chicago bar, on the "Progress of the Law in the Victorian Era." The election of officers resulted in the choice of Alfred Orendorff, of Springfield, as president; Adolph Moses, of Chicago, Judge Charles Blanchard, of Ottawa, Col. Benson Wood, of Effingham, as vicepresidents, and James H. Matheny as secretary. The eighteenth annual meeting of the Ohio State Bar Association was held at Put in Bay July 20th to 23d. There was an address by the president, Geo. K. Nash, also one by Lawrence Maxwell, of Cincinnati, in which which many interesting suggestions for the improvement and elevation of the bar were made. F. E. Hutchins, of Warren, Ohio, delivered an address on "Construction, its Uses and Abuses." The meeting was well attended and quite interesting throughout. The Georgia Bar Association, at its recent meeting, after disposing of those lawyers who defended lynching, took some positive action toward securing reforms in methods. of procedure which will remove abuses that have often provoked the people to violence. Resolutions were adopted which declared it to be the sense of the association that criminal pleadings should be amendable, that the State and the defendant should be upon an equality in the challenges of jurors, and that prisoners who desire to make any statements on their own behalf should do so under oath and subject to cross-examination. The president was authorized to appoint a committee of nine to urge the adoption by the next legislature of bills embodying these principles, and to present to the association at its next meeting a report covering the whole subject of needed reforms in the criminal law and its administration. The press of Georgia has long urged the necessity of |