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substitutes, provides (section 11) that ines imposed for violation of the act shall be covered into tbe State treasury. Const, art. 11, § 8, provides that flnes for violation of penal laws shall belong to the school tand: Held that, the other provisions of the act being con stitutional, an objection to section 11 could not be urged in support of motiops to quash the indictinent and in arrest of judgment, since the disposition of the fine could not be involved till defendant had been con victed, and had paid the fine into court. - STATE T. NEWELL, Mo., 41 S. W. Rep. 751.

42. CRIMINAL LAW Homicide - Character. - On prosecution for murder, it is not error to refuse to charge that proof of good character may raise a rei sonable doubt, so as to produce an acquittal, where otherwise such doubt would not arise.- COBB V. STATE, Ala., 22 South. Rep. 506.

43. CRIMINAL LAW – Judgment on Plea of "Guilty.”Mills' Ann. 8. $ 1463, relating to prosecutions wherein the accused pleads "Guilty," and declaring that it shal be the duty of the court, in all cases wbere it possessed any discretion as to the extent of the punishment, " examine witnesses as to tbe aggravation and mitiga tion of the offense," is mandatory.-ARRANO F. PEOPLS, Colo., 49 Pac. Rep. 271."

44. CRIMINAL LAW-Larceny.-It a person parts with the ownership and possession of his property as t.24 result of fraud practiced upon him, it is not larvers, but a cheat at common law, or obtaining goods under false pretenses under our statute.-STATE Y. WILL, LA, 22 South. Rep. 378.

45. CRIMINAL LAW-Larceny from the Person.- Wher a person is indicted under Cr. Code, $ 3789, for "sten ing personal property of value from the person of a other," and the proof shows that the properts stolea was not taken from the person, it is an offense difer ent from the one described, and of which the indiet ment could give defendant no notice.-STONE T. STAIL

, Ala., 22 South, Rep. 275.

46. CRIMINAL LAW-Newly.Discovered Evidence. new trial will not be granted for testimony by one of the three persons present at an alleged confession by defendant tbat no confession was made, since sach evidence could not be "pewly.discovered."-JEFFR SON V. STATE, Tex., 41 8. W. Rep. 601.

47. CRIMINAL LAW-New Trial - Disqualification : Juror.- Where the defendant in a criminal case Dora for a new trial upon the ground that a juror who tries him was biased against him, and entertained 4 pat viously formed opinion of defendant's guilt when taken upon the panel) it must be sbown by affidari that the defendant and his counsel did not know idee facts at the time the juror was impaneled.--KELLTE STATE, Fla., 22 South. Rep. 303.

48. CRIMINAL LAW-Right to Ball. - Under the con tutional provision that all prisoners shall be bailable except for capital offenges where the proof is evident, on habeas corpus commenced by one under an india ment charging a capital offense, for the purpose of be ing admitted to bail, the burden is on the state to shop that the offense committed is a capital one, and tell the proof is evident.--EX PARTE NEWMAN, Tes., ils W. Rep. 628.

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New York stock corporation law. WASHBURN V. NA.
TIONAL WALL-PAPER CO., U. S. 0. C. of App., Second
Circuit, 81 Fed. Rep. 17.

32. CORPORATIONS-Power.-Corporations authorized
to do a particular business, unless specially denied the
power, have implied authority to contract debts in the
legitimate transaction of the business authorized; and
the power to contract debts, under the American rule,
carries with it power to give negotiable notes or bills
in payment or as security for such debts, unless that
power is expressly denied.--GROMMES V. SULLIVAN, U.
S. C. C. of App., Seventh Circuit, 81 Fed. Rep. 45.

33. CORPORATIONS-Proceeding against Stockholder.In a proceeding by a creditor of a corporation against a stockholder thereof, under a statute making the stockholder liable to the creditor for the amount of his stock, said stockholder can set off such claims as he has paid on execution.--MUSGRAVE V. GLEN ELDER FARMERS' ALLIANCE CO-OPERATIVE SHIPPING & PURCHASING ASSN., Kan., 48 Pac. Rep. 338.

34. CORPORATIONS-Purchase of Stock by Company.The purchase of its own stock by the corporation can. cels the stock. But, if the stock so purchased is reis. sued, it must be paid for by the corporator who receives it, if the debts of the corporation require pay. ment of the shares by the shareholders. BELKNAP V. ADAMS, La., 22 South. Rep. 382.

35. CRIMINAL EVIDENCE Forgery. Where one charged with forgery had a memorandum book in his possession when arrested, and there was evidence that dates therein were in his handwriting, and that a leaf which had been torn therefrom was the one on which the alleged forgery was written, the dates and that part of the book from which the leaf had been torn were admissible. – KOCK V. STATE, Ala., 22 South. Rep. 471.

36. CRIMINAL EVIDENCE Homicide. Where two brothers acted together in search of their sister in the nighttime, and during such night the sister's lover was murdered, and the brothers are tried for the murder, the acts and declarations of the one made dur. ing the search, and not in the presence of the other, are admissible in evidence against the other.--TREVINO V. STATE, Tex., 41 8. W. Rep. 609.

37. CRIMINAL EVIDENCE - Photography. - A photograph, taken two years before the death of the person photographed, but identified by the parents as an accurate photograph of their daughter just before her death, may be shown to a witness who saw the de. ceased under peculiar circumstances just before her death, for the purpose of identification.--STATE V. MCCOY, Utah, 49 Pac. Rep. 420.

38. CRIMINAL LAW-Accomplice. - One who advised and agreed to the burning of a building, but was not present when the act was done, and did not act in furtherance of the design, is an accomplice, in view of Pen. Code, art. 79, defining an accomplice as one not present at the commission of an offense, but who ad. vised another to do so. — DAWSON V. STATE, Tex., 41 S. W. Rep. 699.

89. CRIMINAL LAW – Attempt to Rape. - Under Pen. Code 1895, art. 640, providing that if it appear that rape was attempted by the use of force, threats, or fraud, but no actual assault was made, the offense of attempt to commit rape has been committed, one cannot be guilty of an attempt to commit a rape on a female un. der the age of 15 years, who might be raped without the use of force, threats, or fraud, unless he intended to use force, threats, or fraud. - WARREN V. STATE, Tex., 41 S. W. Rep. 635.

40. CRIMINAL LAW-Bail.- Where one charged with a criminal offense was, prior to trial, released on bail, he has not the right, after conviction and sentence, and on reversal of such judgment, to be released from custody by virtue of the former ball bond.-EX PARTE WILLIAMS, Ala., 22 South. Rep. 446.

41. CRIMINAL LAW-Constitutional Law-Butterine.Act April 19, 1895, prohibiting the sale of certain butter

49. CRIMINAL LAW-State Courts--False Preteuse The United State courts do not have exclastre jari diction of the offense of obtaining money under it false pretense of being a pension agent.-PEARCH STATE, Ala., 22 South. Rep. 502.

50. CRIMINAL PRACTICE – Bigainy-lodictment.-indictment for bigamy, charging "ihat one M, 10 na on, did unlawfully marry B, sbe, the said that and there having a husband then living," is inged cient, under Pen. Code 1895, art. 344, punishing of person who, having a former wife or busband livit shall marry another, as it fails to allege a fortoer wat riage, or that ber "husband the living" pas ! mer husband."-MCAFEE V. STATE, Ter., 41 S. WE 627.


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51. CRIMINAL PRACTICE-Corporate Names-Variance. up to a certain period, and afterwards equitable own. -The building burglarized was alleged to be the prop- ers of all the stock of a corporation to which she was erty of the T. C., I. & R. Co. The evidence showed that conveyed, may maintain in their own names an action the company was originally incorporated as the T. 0. against a firm alleged to have had control of the boat, & R. Co., but that afterwards, and before indictment, as her agent, during the entire period, for an account. the charter was amended by changing the name to T. ing in respect to her earnings, and her proceeds after 0., I. & R. Co.; Held, no variance.-BROWN V. STATE, her sale, without making the corporation itself a party Ala., 22 South. Rep. 458.

defendant.--CONERY V. SWEENEY, U.S.C. C. of App., 52. DEEDS-Condition Subsequent-Forfelture.--After

Fifth Circuit, 81 Fed. Rep. 14. a town was incorporated, the sale of liquors was sanc. 61. EQUITY-Petition to Vacate Decree.-A petition tioned at a local option election. Later the corpora. to vacate a decree should be made at the earliest prac. tion was dissolved because it embraced agricultural ticable moment. Where the party against whom the lands not constituting part of the town: Held, that a decree has been made fails, without cause, to file his sale of liquors on a lot in such town after the local op- petition to vacate it until three months after its entry tion election did not constitute a breach of a condition and the service of an injunction upon him, and a In a deed of the lot made before the town was incorpo. month after the service of notice of a motion of rated, that no liquor should be sold thereon before the attachment for contempt for disobedience of the town should be "legally" incorporated, and not then injunction, he is guilty of such laches as will debar unless sanctioned by a majority of the citizens; and him from relief even though his case be otherwise this though sales were made after entry of the decree meritorious.-COMLY V. BUCHANAN, U.S. C. C., E. D. of dissolution.-JONES V. MCLAIN, Tex., 41 S. W. Rep. (Penn.), 81 Fed. Rep. 58. 714.

62. ESTOPPEL OF MARRIED WOMAN.-Where a married 53. DEED-Construction - Defeasible Fee.- Under a

woman made her note, and a mortgage to secure the deed in trust for Huntil he shall attain the age of 21

same, each reciting that it was for the benefit of her years, after which he is to assume control, with a pro

separate estate, and that it was her intention to bind vision that, if he shall die without heirs of his body,

her separate estate thereby, she was estopped to deny the property shall revert to the estate of the grantor,

such recitals as against an innocent transferee for H takes the fee defeasible upou his death at any time

value betore maturity and without notice.-WHITE V. without heirs of his body, and pot merely upon his

GOLDSBERG, S. Car., 27 S. E. Rep. 517. dying before the vendor; por does be take merely a life estate, remainder to the heirs of his body, if any.

63. EVIDENCE-Sale and Delivery-Res Gestæ.-A con. -TRIMBLE V. SHAWHAN, Ky., 41 8. W. Rep. 546.

versation with one R, in which the vendor said he had

sold his grain, but which was not had at or during the 54. DEED-Lands Held Adversely.-Where land in ad. negotiations for the sale, is a self-serving declaration, verse possession of one person is mortgaged by an.

no part of the res gestæ, and should not be admitted as other, the foreclosure of the mortgage in a suit to evidence to corroborate the vendor's testimony.which the adverse claimant is not made a party is a WHITE V. PEASE, Utah, 49 Pac. Rep. 416. pollity as to him, and the purchaser at foreclosure sale acquires no title.-PROBST V. BUSH, Ala., 22 South.

64. EXECUTION SALE-Injunction.-A bill to enjoin a Rep. 445.

Judgment creditor of a grantor from selling, under ex.

ecution, realty conveyed to plaintiff before the judg. 65. DIVORCE - Condonation of Adultery.-One who ad. ment was rendered, is good as against a general demits that, after being informed of his wife's adultery, murrer, where it alleges that the realty is held by and believing it, he occupied the same bed with her

plaintiff for purposes of sale, that sales have been the night after charging her tberewith, and for several hindered by the levy, and that the execution sale will nights thereafter occapied the same room with her at cause irreparable injury by casting a cloud on the title, a house other than theirs, and, as she claims; had in. which will deter persons from buying, and require to tercourse with her, will be held to have condoned her remove it by expensive litigation, which will depre. offense-TODD V. TODD, N. J., 37 Atl. Rep. 766,

ciate the market value of the lots.--PADDOCK V. JACK56. DOWER IN MORTGAGED LANDS.-11, at the time of son, Tex., 41 8. W. Rep. 700. coverture, there are incumbrances on the land, and

65. FEDERAL COURTS-Jurisdiction-Suit to Oharge there is a judicial sale during coverture to satisfy such

Heirs. The federal courts have original and inherent incumbrances, the wife is regarded as in privity of the

jurisdiction, apart from any State statutes, to take estate with her husband, and whatever rights she may

cognizance of a suit by a creditor to charge heirs, dep. have are transferred to the surplus proceeds of sale

isees, and legatees, to the extent of the assets taken after payment of the incumbrances; but she has no

by descent or devise, with ancestral debts, and they power to bave dower set-off to her in the land thus

are not restricted therein by State statutes limiting the sold.-MILLER V. FARMERS' BANK OF EDGEFIELD, S.

time for bringing such suits, but the right to maintain Car., 27 S. E. Rep. 514.

such a suit may be lost by laches, and a failure to pro. 57. EASEMENT-Adverse Use.--After the use by plaint- ceed within the time limited by a State statute may be iff and the public generally of a passageway over de. evidence of laches.-CONTINENTAL NAT. BANK V. HEILfendant's land for 40 years, the burden is ou defendant MAN, U. S. C.C., D. (Ind.),81 Fed. Rep. 36. to show that tbe UBe was permissive merely.-BURCH

66. FIXTURES-Between Mortgagor and Mortgagee.V. BLAIR, Ky., 41 S. W. Rep. 547.

Machines purchased by a corporation, and adapted to 58. ELECTIONS--Qualifications-Registration.--Under the business which it is organized to carry on, "a gen. Acts 1895 (Ex. Sens.) ch.8, 85, providing that a voter eral building and wood-working bnsiness, and placed who changes his residence must re-register within 20 by it in its mill, and fastened to the building to a cer. days before election, a voter changing his residence tain extent, and not moved about from place to place within 20 days before the election is not entitled to in actual use, are fixtures.-LEE V. HUBSHMIDT BUILD. vote.-MOORE V. SHARP, Tenn., 41 8. W. Rep. 587. ING & WOOL-WORKING Co., N. J., 37 Atl. Rep. 769. 59. EMINENT DOMAIN-River Improvements.-When 67. FRAUDULENT CONVEYANCES.-An insolvent debtor the government, for the purpose of improving the sold bis goods to one having knowledge of his condi. navikation of a river, takes possession of submerged tion, at invoice prices, which was a fair valuation. land which is in the use and possession of a citizen, The purchaser paid certain claims, and paid the bal. under a right derived from the State, it takes private ance in cash to the debtor, who applied the cash re. property for a public use, and must compensate the ceived to payment of his other creditors, in accordowner therefor.- BROWN v. UNITED STATES, U. S. 0. C., ance with the terms of the sale, reserving no benefit to E. D, (Va.), 81 Fed. Rep. 55.

himself: Held, that the sale was not fraudulent as to 60. EQUITY-Parties - Corporations.-Persons claim.

creditorg. – EUFAULA GROCERY CO. V. PETTY, Ala., 22 ing to have been the equitable owners of a steamboat South. Rep. 605.

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68. FRAUDULENT CONVEYANCES—Burden of Proof.-In a creditors' suit to set aside a deed, where it was al. leged and proved that complainant's claim against the gräntor antedated the conveyance, and that the grantor was insolvent, to the knowledge of the grantee, the burden was on the grantee to aver and show an adequate consideration passing from him to the grantor for the land, in what it consisted, and how it was paid.-MARTIN V. BERRY, Ald., 22 South. Rep. 493.

69. FRAUDULENT CONVEYANCES-Consideration.-In a contest between a vendee and creditors of the vendor, the adequacy of the consideration, if it be a valuable consideration, will not be inquired into, except for the purpose of throwing light on the intention of the parties.-JONES V. DUNBAR, Neb., 71 N. W. Rep. 976.

70. FRAUDULENT CONVEYANCES Consideration.-In determining the indebtedness of a grantor at the time of conveyances alleged to have left him without means to pay his existing debts, his indebtedness for advances made to him by the other party to a contract, to en. able him to perform the same, dates from the time the advances were made, not from the date of the contract; gucb advances not being provided for by the contract.-FAIR HAVEN MARBLE & MARBLEIZED SLATE Co. v. OWENS, Vt., 37 Atl. Rep. 750.

71. FRAUDULENT CONVEYANCES-Deed of Gift to Wife. -A deed reciting a consideration of one dollar and love and affection, executed by husband to wife, puts any one relying on the wife's title on inquiry; and hence a purchaser cannot claim that he believed that the land was the wife's separate property, and took without notice of the rights of creditors. – NEW EN. GLAND LOAN & TRUST CO. V. AVERY, Tex., 41 8. W, Rep. 673.

72. FRAUDULENT CONVEYANCES — Husband and Wife. -On a question as to the validity, as against creditors, of a conveyance of property from a husband to his wife, in payment of an alleged indebtedness, a charge which expressly leaves the question of the bona fides of such indebtedness to the jury is not erroneous, though it calls attention to the absence of any notes, book charges, or other contemporaneous evidence of the debt.-HINCHMAN V. PARLIN & ORENDORFF Co., U. S. C. C. of App., Fifth Circuit, 81 Fed. Rep. 157.

73. GARNISHMENT-Lien. – section 6309, Gen. St. 1894, which provides that the service of the summons upon the garnishee shall attach and bind all property belonging to the defendant in his hands at the date of such service, construed, and held, that the garnishee cannot be held for property coming to his possession or control after the service of the summons in the proceedings against him, - MCLEAN V. SWORTS, Minn., 71 N. W. Rep. 926.

74. GARNISHMENT-Lien.-Under Code, $ 2957, provid. ing that the service of a garnishment shall create a lien in favor of the plaintiff, and section 2946, requiring the gardishee to answer “whether he was indebted to defendant at the time of the service of the garnish. ment, at the time of making his answer, or at any time intervening between the time of service and the time of making the answer," etc., the lien attaches to any debt owing at the time of the service or at the time of the answer, or becoming due at any time between the service of the answer and the contest thereof, or in the future, under a contract existing at the time of the service of the answer, but not to any debt after the making of the answer, or to any property of the de. fendant in the hands of the gardishee thereafter acquired.-HENRY V. MCNAMARA, Ala., 22 South. Rep. 428.

75. GIFT OF LAND – Verbal Agreement - Specific Performance. -- Where a father placed his son in posses. sion of land under a verbal promise of a gift, and in reliance on the promise the son made valuable im. provements, they were a sufficient consideration for the promise, and were such performance of the agree. ment us to entitle his widow and children to specific performance.

-- HOBBARD V. HUBBARD, Mo., 41 S. W.

76. HOMESTEAD-Estoppel to Assert.- The bomestesd of married persons may be property the title to which is in either the husband or wife, and, to be valid, a mortgage thereof must be sigoed and acknowledged by both the husband and wife. The fact that they in not living together at the time of the execution of the instrument does not affect the rule or rob it of any d Its force.-FRANCE V. BELL, Neb., 71 N. W. Rep. 184.

77. HOMESTEAD What Constitutes.- A portion of s lot owned by a debtor, and inclosed by a tence, with a rented house thereon, and not used in connection with his homestead, but adjacent to the lots upon which be resides with his family, cannot, by filing a declarativa of homestead be made a part of the homestead, under Civ. Code, $ 1237, providing that "the bomestead cua sists of the dwelling-house in which the claimant it sides and the land on which the same is situated."-[] RE LIGGET, Cal., 49 Pac. Rep. 211..

78. HUSBAND AND WIFE-Levy on Separate Property -In an action for wrongful levy on goods bought with the wife's separate funds, it is error not to charge the plaintiff must prove the extent to which the filer funds entered into the purchase of such goods, it is pearing that a part thereof was community property, -POTTER V. KENNEDY, Tex., 41 S. W. Rep. 711.

79. HUSBAND AND WIFE-Mortgages-Sabrogation Money borrowed on mortgage of a wife's separate lebt is community property, and hence, on payment the with of the husband's debt, the wife is not entitled to subrogation to the creditor's securities against ta husband. – CANFIELD V. MOORE, Tex., 41 8. W. Rep. 718.

80, HUSBAND AND WIFE-Note - Co-Makers. Whent the wife, as co-maker with her husband, sigos a este payable at a bank, and hence governed by the con mercial law, and it is sold before maturity, for Fall, to a purchaser having no notice of defenses existing between the original parties, the wife cannot en liability by showing that she was a mere surety on tbt note, within Code, $ 2349, providing that a wife sud not become surety for her husband. - SCOTT F. THE Ala., 22 South. Rep. 447.

81. INJUNCTION-Nuisance.-A court of equity baths power to enjoin the continuance of a nuisance whild is likely to produce irreparable injury. Unlawfall obstructing a stream, and thereby by cauglog as of flow of water so as to fill the cellar of another to ! damage, constitutes a nuisance.

MASONIC TERTIU A88N. v. BANKS, Va., 27 S. E. Rep. 490.

82. INJUNCTION-Want of Equity.-A fraudulent trao feree of property of a debtor is not entitled to the is terposition of equity to restrain the enforcement de garnishment proceedings at law, by a creditor of sust debtor, pending a suit in equity by other creditors & subject the sume property to the payment of their mands against gucu debtor.-CHESAPEAKE GUANO C. V. MONTGOMERY, Ala., 22 South. Rep. 497.

83. INSOLVENCY – Corporation-Proof of Claw a proceeding for the settlement of the atfairs of na solvent corporation, wherein, in pursuance of a derit of the court of appeals, an order was passed prestart ing that all claims be proven before a certain dan therein specified, or otherwise be barred, and rest ing the receivers to give notice of such order by pod lication thereof, which publication was duls zace.) petition of certain creditors, who had failed to presente their claims within the prescribed time, for a sperika, order permitting them to file the same, notwithstund ing the expiration of the time so prescribed, is : out merit, where it is conceded in such petition to is impossible for the lower court to afford ruch teikt and the order limiting the time to prove elin: given due consideration. - ABRAHAM 1. MURCAKTON TRUST & DEPOSIT CO. OF BALTIMORE, 14., 87 Au. Bet 646.

84. INTOXICATING LIQUOR-Sale-Club. Where Deck cants are purchased with the funds of an incorporated club, a sale of any part of the game to one of the b***

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bers of the club, by a steward acting for the corporation, receiving a monthly salary for his services, ren. ders such steward guilty of a violation of the local option law.-KRNAVEK V. STATE, Tex., 41 8. W. Rep. 612.

85. JUDGMENT Pleading. A party is bound by the allegations of his pleadings, and is not entitled to recover a judgment against one of two defendants as a city treasurer, when the petition alleges that the de. fendants are jointly indebted to plaintiff as a banking firm, but must recover against botb defendants, or wholly tail in the action, and it was proper for the trial court to go instruct the jury. – CITY OF SYRACUSE V. REED, Kan., 49 Pac. Rep, 259.

86. LANDLORD AND TENANT – Assignment of Lease.A contract accepting the assignment of a lease made to a firm, and assuming the obligations thereof, is not within the statute of frauds, though the signature of the assignor is in the firm name, where it is executed by a member of the firm authorized by the other members, and where the assignees have taken possession of the demised premises and have paid rent.-EDWARDS V. SPALDING, Mont., 49 Pac. Rep. 443.

87. LANDLORD AND TENANT Lease Renewal. A lease reciting that it was for the term of five years, and renewable from time to time, and for such periods as the lessee may elect, does not, by reason of the provision that all debts, present or future, of lessor to the lessee, shall be an offset against rents due or to be. come due, and that the lessee may, under this con. tract, bold and defend his possession for payment and settlement of any indebtedness that he may have Against the lessor, and may defend it against all claims of him, or any one claiming through him, entitle the lessee, without a renewal, to remain in possession till such time as the lessor ceases to contract debts to him in excess of the amount of rents reserved. STROUSSE V. BANK OF CLEAR CREEK COUNTY, Colo., 49 Pac. Rep. 260.

88. LIFE INSURANCE---Premium-Waiver of Forfeiture. -An insurance company, by accepting part cash and assured's note for the balance of the premium after the maturity thereof, waived any forfeiture of the policy for non-payment at maturity. – NEW YORK LIFE IN8. CO. V. SMITH, Tex., 41 S. W. Rep. 680.

89. LIMITATIONS--Runding of Statute.-A right of action accrued to H, a married woman, before section 4986, Rev. St., was amended, March 26, 1883, so as to remove her disabilities as to actions coucerning her sep. arate property: Held, that her rights must be determined by the statute of limitations in force at the time her right of action accrued, and that the removal of her disabilities by said amendment did not bave the effect to cause the statute of limitations to begin to run against her.-HAM V. KUNZI, Ohio, 47 N. E. Rep. 536.

90. MANDAMUS--Unavailing Writ.-It is a fundamental principle of the law of mandamus that a writ will never be granted in cases where, it issued it, would prove un. availing.-STATE V. MAYOR, ETC., OF CITY OF NEW ORLEANS, La., 22 South. Rep. 370.

91. MARRIED WOMAN-Separate Property-Contract. -Where an application to purchase building and loan association stock provided that on acceptance the stock should be delivered, and that the application and its acceptance should constitute the contract, the transaction is completed by delivery of the stock, though the purpose of the purchase, not expressed in the contract, was to obtain a loan from the association thereon; and bence such a contract by a married woman involves only the disposition of her money, and her signature and her husband's written consent are not requisite, under Code, $82346, 2348.---PIONEER SAVINGS & LOAN Co. v. THOMPSON, Ala., 22 South. Rep. 511.

92. MASTER AND SERVANT-Negligence.-A day laborer on a working train of a railroad company, who has sustained an injury by the derailment of one of its cars, occasioned by a small stick of wood lying on the track, cannot recover damages of his master without

showing that the piece of wood was there through the direct and immediate fault of his servants.-SMITH V. LOUISIANA & N. W. R. CO., La., 22 South. Rep. 359.

93. MASTER AND SERVANT — Negligence-Safe Appli. ances.-A railroad company transporting lumber on low-sided gondola car owes to its employees a personal duty to provide such cars with strong and safe side standards; and, if it delegates this duty to an employee it is liable for his negligence, resulting in Injury to an. other employee, though it furnished him with proper standards.--PENNSYLVANIA R. CO. V. LA RUE, U.S.O. C. of App., Third Circuit, 81 Fed. Rep. 148.

94. MASTER AND SERVANT-Railroads-Negligence and Contributory Negligence.The car, on the spur or side track in which men are employed loading it with heavy lumber, should not be subjected to any contact with moving trains, at least without notice or warning to the men thus employed; and if, without such notice, one of the men is killed by the fall of the lumber dig. lodged and falling on him, caused by the jolt incident to coupling the car, in which the men are at work, with other cars, the railroad company will be responsible in damages.-RAGLAND V. ST. LOUIS, I, M. & 8. RY. CO., La., 22 South. Rep. 366.

96. MECHANICS' LIENS – Priority-Lis Pendens.-On filing a mechanic's lien claim, it relates back to the date of the first work by the claimant, as against lis pendens filed before the lien clain in an action to fore. close a mortgage given after the commencement of work by the claimant, under Sesg. Laws 1893, pp. 33, 34, $$ 4, 5, providing that mechanics' liens are preferred to all incumbrances attaching after the commencement of work by the claimant, but that no such lien shall exist unless a claim is filed within a certain time after the completion of the work.-NASON V. NORTHWESTERN MILLING & POWER CO., Wash., 49 Pac. Rep. 235.

96. MECHANICS' LIENS – School Houses.-The chanic's lieu law having omitted to expressly give the right to a lien on such a building, a subcontractor has no lien for work done or materials furnished in the construction of a public school house.-WHITESIDE V. School Dist. No. 5 OF FLATHEAD COUNTY, Mont., 49 Pac. Rep. 445.

97. MORTGAGE FOBECLOSURE-Bona Fide Purchaser. -He who buys property at a mortgage foreclosure sale, having no notice that the mortgage was affected with usury, may be an innocent purchaser, though the mortgagee was not.-HOOTS V. WILLIAMS, Ala., 22 South. Rep. 497.

98. MORTGAGES-Foreclosure-Parties.-In foreclos. ure of a purchase-money mortgage, a prior judgment creditor of the mortgagor, which bought the land at execution sale under its judgment, and claims its title is paramount, is a proper party defendant.-BISBEE V. CAREY, Wash., 49 Pac. Rep. 220.

99. MUNICIPAL CORPORATIONS - Detective StreetsContributory Negligence.-In an action by a husband against a city for injuries to his wife caused by a defective street, it was error to charge that plaintiff must show that he was free from contributory negli. gence before he could recover, where plaintiff was not present when the accident occurred, and in no way di. rected his wife's movements.-GARMANY V. CITY OF GAINESVILLE, Tex., 41 $. W, Rep. 731.

100. MUNICIPAL CORPORATIONS-Duties and Powers of Mayor and Council.-Where the council of a city or. ganized under the “Act for the organization of cities and villages," have passed upon and allowed a claim against such city, and ordered a warrant upon the city treasury to issue for the amount thereof, it is the duty of the mayor, on the presentation of such war. rant to him for that purpose, to sign the same, and the performance of such duty may be enforced by man. damus.-RICE V. GWINN, Idaho, 49 Pac. Rep. 412.

101. MUNICIPAL CORPORATIONS - Notice of Injuries.The giving, within the prescribed 30 days, of the notice required by Ft. Worth City Charter, $ 1596, of injuries by defective streets, etc., is a condition precedent to recovery from the city for such injuries.-CITY OF FT. WORTH V. SHERO, Tex., 41 S. W. Rep. 704.

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102. MUNICIPAL CORPORATIONS Ordinances. The prohibition of the erection or reconstruction, in wood, of buildings within what are termed the "fre limits," is within the scope of municipal government.--STATE V. O'NEILL, La., 22 South. Rep. 352.

103. MUNICIPAL CORPORATIONS-Validity of BondsExcessive Issues.-Bonds of a municipal corporation, which are void because in excess of the constitutional limit of indebtedness, are not to be counted in estimating the indebtedness of the corporation, with reference to the validity of another issue of bonds, either be. cause they were not repudiated, but were paid with the proceeds of another void issue, which were subse. quently repudiated, or on the ground that the indebt. edness originally paid by the proceeds of the void bonds could be enforced by the holders of such bonds by subrogation, or on the ground that a suit might have been maintained by the purchasers of the void bonds to recover back the money paid, no such suit having ever been brought.-ASHUEL OT NAT.BANK V. LYON COUNTY, Iowa, U. S. C.C., N. D. (Iowa), 81 Fed. Rep. 127.

104. NEGLIGENCE-Escape of Electricity.-Escape of electricity from a street railway, to the injury of a horge being driven on a public street, is presumptive proof of negligence in the operation of the railway. "Res ipsa loquitur."-TRENTON PASSENGER RY. Co., CON. SOLIDATED, V. COOPER, N. J., 37 Atl. Rep. 730.

105. NEGLIGENCE-Independent Contractor.- Under one's contract with mive owners, by which his song are to cut coal for a certain amount per ton for all they can dig, and he is to furnish the tools, powder, and "stuff" for the work, and the “bank bosg" is to have control of the work, the sons are employees of the mine owners, and not independent contractors.DRENNEN V. SMITH, Ala., 22 South. Rep. 442.

106. NEGLIGENCE - · Pleading.--In an action for the death of one run over by a train, it was error to sub. mit to the jury the issues whether the employees in charge of the train might have discovered deceased in time to have avoided the accident, and failed to use care to do so, or, having discovered him, failed to use care to avoid the accident, where such specific acts of negligence were not pleaded in the petition.-Hous. TON, E. & W. T. Ry. Co.v. POWELL, Tex., 41 S. W. Rep. 695.

107. NEW TRIAL-Excessive Damages.-It is the duty of the trial court which finds that a verdict for dama. ges for bodily injuries negligently inflicted is exces. sive in amount, and that such excess is not due to in. advertence or errors in calculation, but is excessive in view of the character and extent of the injuries sug. tained, and does not express the real opinion of the jury as to the allowance justly to be made, to get such verdict aside and award a new trial of the cause; and the error of its failure to do so cannot be cured by or. dering a remission of a portion of the sum adjudged to be excessive. — ATCHISON, ETC. R. Co. v. RICHARDS, Kan., 49 Pac. Rep. 436.

108. PARTIES-Water Company's Franchise.-A re. ceiver of a water company, appointed by the United States court, is not a necessary party to an action by a city against the company to forfeit a franchise granted the company by the city, and a contract between the city and company, for failure of defendant for more than 60 days to supply the city with wholesome water as required by such franchise and contract.PALESTINE WATER & POWER CO, V. OITY OF PALESTINE, Tex., 41 S. W. Rep. 659.

109. PARTITION-Lien on Share of Co-owner.-Parti. tion of land will not be delayed until the establish. ment, on an accounting in a pending suit in equity, of the amount of a possible lien in favor of one of the co. owners upon the shares of the others. Such lien will attach to the divided shares, and rights acquired pendente lite will be subject thereto.-POMEROY V. POM. KROY, N. J., 37 Atl, Rep. 754.

110. PARTNERSHIP-Notice.--Notice to one member of a firm that one to whom goods are sold by the orm is no longer the agent of a company, and that the goods are for his own use, is potice to the firm.-ADAMS OIL CO. V. CHRISTMAS, Ky., 41 8. W. Rep. 545.

111. PARTY WALL8.-A weakening in a party wall in. cident to the joining of a building thereto in the cug. tomary and proper manner does not violate a legal duty, nor a contract providing that nothing shall be done to impair the strength of the wall as a party wall. MOMINN V. KARTER, Ala., 22 South. Rep. 617.

112. PLEADING - Inconsistent Defenses.-An answer denying in one paragraph that medical services sued for were rendered at defendant's request or for him, and in another, without denying that fact, relying, to defeat recovery, on the fact that they were unskillfully performed, and of no value, presents inconsistent defenses; and it is proper to require defendant to elect. Civ. Code, $ 113, subsec. 4.-BLACK V. HOLLOWAY, Ky., 41 S. W. Rep, 576.

113. PRINCIPAL AND AGENT-Bona Fide Mortgagees.An agent employed, by appointment in writing, by one representing himself to be the owner of certaln land, to negotiate for him a loan on mortgage, who, in the line of such employment, examined the title to tbe land offered ns security, for the purpose of inducing the making of such loan by means of his representa. tions that the mortgagor had a perfect title, was in no sepse the agent of the mortgagee. FARMER V. AXIRICAN MORTG. Co. OF SCOTLAND, Ala., 22 South. Rep. 126.

114. PRINCIPAL AND AGENT – Llability to Third Pergons. - When a known agent acts within the scope of his authority in contracting a debt, the presumption is that credit is extended to the principal.-ANDERSON 5. TIMBERLAKE, Ala., 22 South. Rep. 431.

115. PRINCIPAL AND AGENT-Notice to Agent.-Notice to an agent purchasing goods that another than the seller has an interest therein is notice to the principal. -BRAMBLETT V. HENDERSON, Ky., 41 S. W. Rep. 575.

116. PRINCIPAL AND SURETY - Subrogation.-A surety paying without suit a note providing for attorney's fees in case of suit is subrogated to such provision, and may recover such attorney's fees in a suit against the maker.-BEVILLE V. BOYD, Tex., 41 S. W. Rep. 670.

117. QUIETING TITLE--Notice. -Plaintiff is entitled to a decree quieting his title to the stone in a certain tract of land, it appearing that defendant had notice of plaintiff's title at the time he took a deed to the land, without a reservation of the stone.

TENNETV. HATCH, Ky., 41 S. W. Rep. 559.

118. RAILROAD COMPANY-Discharge of Receiver-Liability of Company. - Where, pending a suit for per sonal injuries against the receiver of a railroad company, sustained during his management of the road, the receiver is discharged, and the road turned back to the company without sale, the cause of action cou. tinues against the company without allegation or proof by plaintiff that the receiver invested the eart: ings of the road in betterments. -- INTERNATIONAL&G. N. R. Co, v. COOK, Tex., 41 S. W. Rep. 665.

119. RAILROAD COMPANY-Elevated Railroad on Street -Damages.-General benefits from construction of railroad cannot be set off against damages to property from such construction, but only such benefits as are peculiar to the property.-LAKE ROLAND EL. RE.CO.T. FRICK, Md., 37 Atl. Rep. 660.

120. RAILROAD COMPANIES-Evidence - Negligence.The fact that a railroad train was behind time, or that there was a curve at that point, was not evidence of negligence in approaching a crossing. – NORTHEAN CENT. RY. CO. V. MEDAIRY, Md., 37 Atl. Rep. 736.

121. RECEIVERS-Appointment – Attack.- A creditor having brought suit against a private corporation la a federal court, and caused its property to be attached and sequestered upon a vendor's len, wblcb was sub sequently ordered to be surrendered to a receiver wbo had been previously appointed by a court of a state,

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