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Forfeiture of Shares.-Although a provision, that the shares of a borrowing member should be for. feited on his failure to pay interest or premium, or dues has been upbeld (Southern, etc. Co. v. Armston, etc. Co. (Ala., January, 1894], 15 South. Rep. 123), yet it is generally held that he is entitled to be credited on his loan with the value of his shares. Rowland v. Old Dominion, etc. Co., 116 N. C. 882; Rowland v. Old Dominion, etc. Co., 115 N. C. 825; Watkins v. Workingmens', etc. Assn., 97 Pa. St. 514.

Withdrawal of Members.-The laws always provide that a meinber of such a corporation may withdraw therefrom, and the corporation is powerless to prevent it. Granite, etc. Assn. v. Lloyd, 145 Ill. 620; Holyoke, etc. Assn. v. Lewis, 1 Colo. App. 127. Where by the rules of the association, the grounds for withdrawal are to be submitted to the board of directors for their approval, they cannot withbold their ap. proval without reasonable cause. Wetterwulgh v. Knickerbocker, etc. Assn., 2 Bos. (N. Y.) 381. Such right of withdrawal, does not, however, exist in favor of a member who has pledged his stock to secure a loan. State v. Redwood, etc. Assn., 45 Minn. 164; Watkins v. Workingmen's, etc. Assn., 97 Pa. St. 514; Anderson, etc. Assn. v. Thompson, 88 Ind. 405.

Payment of Withdrawing Members. The associa. tion cannot prefer in an arbitrary manner one with: drawing member to another (Pawlick v. Homestead, etc., Assn., 37 N. Y. Sup. 164); but it is proper to pay these in full in the order of their withdrawal. Hoyt V. Interocean B. Assn., 58 Minn. 345. Where the association is insolvent, the outside creditor should be paid first in full (Maloney v. Real Estate, etc. Assn., 57 Mo. App. 381; Christain's Appeal, 102 Pa. St. 188), and then the stockholders pro rata, whether their shares bave matured or not. Towle v. American, etc. Assn., 75 Fed. Rep. 938; Criswell's Appeal, 100 Pa. St. 488.

Waiver of Rights.-Parties cannot make a contract whereby the requirements of a statute wbich is made in pursuance of a general policy can be evaded. Phinney v. Mutual, etc. Co., 67 Fed. Rep. 493. This rule has been frequently invoked relative to policies of insurance (Liverpool, etc. v. Phoenix Ins. Co., 129 U.S. 397; Dugger v. Mechanics', etc. Co., 95 Pick. 245; Havens v. Germania, etc. Co., 123 Mo. 403; Queen Ins. Co. v. Leslie, 47 Ohio St. 409), also to the statute of limitations (Crane v. French, 38 Miss. 503), and to stay an execution. Carl's Assignment, 15 Pa. Co. Ct. 143. Where, however, the law is intended merely to be a personal privilege, its provisions may be waived (Camington v. St. Louis, 89 Mo. 208; Squires v. Chilli. cothe, 89 Mo. 226; Groll v. Tower, 85 Mo. 249; Cahen v. Continental, etc. Co., 41 N. Y. Sup. Ct. 296; Grand Rapids, etc. R. R. v. Martin, 41 Mich. 667), and this may be done by contract, (Adreveno v. Mutual, etc. Assn., 34 Fed. Rep.870), but the better opinion is that such contract cannot be made prior to the occurrence relative to which it might be invoked (Green v. Coos, etc. Co., 23 Fed. Rep. 67); otherwise the law would generally be rendered nugatory by contract.

S. S. MERRILL. St. Louis, Mo.

discussed the question and reached the conclusion that such statutes are clearly contrary to the organic law of the State. The reasons given for reaching this vien of the law are interesting and worth reciting. The section under consideration, 7032a, provided that "whoever on the first day of the week, commonly called Sunday, participates in or exhibits to the public, with or without charge for admittance, in any public room, ground, garden or other place in this State

any base ball playing, he or she sball, on complaint made within twenty days thereafter, bt fined in any sum not exceeding $100, or be confined in the county jail not exceeding six montbs, or both, at the discretion of the court." This statute, the cotirt says, must rest for its validity on one of two predi cates, to-wit: It must be either unlawful or an of fense to play or exhibit base ball on Sunday, because it is Sunday, or it must rest, in order to be an offense, upon the fact that it is an immoral game or exbibi

: tion, falling clearly within the police power or regul: tion, and, therefore, & crime. It is not a crime to play baseball on Monday or any other day of the week, says the court; hence, if it rests upon the fact, or is made a crime because it is played on Sunday, then it is clearly in conflict with the con stitution and cannot be upheld, because the date trine is well settled, and especially in Ohio, tbat all statutes which inbibit common labor, statutes that refer to the first day of the week, con: monly called Sunday, are not enacted or enforced to compel the observance of that day as a day of te ligious worship, but as a day of rest. Therefore, for the legislature to enact a statute prohibiting the play. ing of base ball on Sunday, because it was Sundis, would be unconstitutional and void. Another fats! objection is found in the fact that the act in question makes no exception in behalf of that class of people who conscientiously observe the seventh day of the week as Sunday or Sabbath, the Supreme Court of Obio having, on two or three occasions, distinctly de clared that a statute providing for the observance al the first day of the week, commonly called Sundas, as a day of rest, is void and unconstitutional uplese it contains such an exception. Next, examining the question whether the statute can be upheld because the act inbibited falls within the police power, the court points out that it is fundamental that all acts falling within the broad power of police regulation under the constitution must be something in the De ture of a nuisance, or in fact immoral, or having a immoral tendency, or detrimental to the good or wel fare of the whole people. The court is clearly of the opinion that to play or exhibit base ball does not tal within the provision of the general definition abore given as to police regulation. Whether the legislı ture of Ohio may or may not enact a statute that would be constitutional and valid as inhibiting the playing of base ball on Sunday the court does not feel called upon to decide, but clear it is to the mind o? the court that the statute as enacted, grouping be ball playing among a lot of immoral games, such as gambling, etc., is unconstitutiopal and void.-Albany Law Journal.

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BOOK REVIEWS.

JETSAM AND FLOTSAM. STATUTORY PROHIBITION OF SUNDAY BASE BALL. Statutes prohibiting the playing of the game of base ball on Sunday have been, as is well known, declared unconstitutional by the courts of several of the States. Among these in the Cuyahoga County (Ohio) court, which recently, in the case of State v. Powell, carefully

GILLETT ON INDIRECT AND COLLATERAL EVIDENCE.

A valuable contribution to legal literature bas been recently offered to the bar by the Bowen-Merril Co., publishers, in the work of Hon. Jobo H. Gillett, on “Indirect and Collateral Evidence." It is pub

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lished in one volume of about 450 pages, 360 of which

HUMORS OF THE LAW. consist of text with foot notes, the remaining pages

In a murder case in one of the wire grass counties being used for the table of contents, table of cited

of Virginia, there had been some difficulty in com. cases and the index. In its typography the book in

pleting the panel. After eleven had been sworn in, no wise falls short of the excellent standard that has

there came up a lank, cadaverous-looking fellow, with been hitherto maintained by the publishers; the print

pantaloons fastened by a single suspender. The is clear and agreeable to the eye, and an almost com

judge said: “Juror, look upon the prisoner. Prisoner, plete absence of errors testifies to the thoroughness DATUK

look upon the juror." He scanned the prisoner in. and care of the proof-reading. In this work Judge

tently, and turning to the judge said: “Yes jedge, I Gillet has done much more than simply add another

think he's guilty." to the already long list of works on evidence. As in. dieated by the title, he has endeavored to illumine After hearing argument in a case a rural justice what may be called the borderland or frontier of the

said: LINUS domain of evidence. While the paths through these

"I'm sorter mixed on this here matter, an' I'll preoutlying regions have been much {traveled and much serve my decision." fought over, there has been no adequate effort in the

"About what time, jedge," said the lawyer, “will past to systematize them, or to take a comprehensive

you dish out them preserves?view of them. Herein the author has done much

"Thar's no tellin'," replied his honor. “I've got a original and valuable service. Especially true is this

sight o plowin' tew do, ap'erbout ten acres to fence of his chapter entitled Collateral Evidence. Under

in. Jest take the pris'ner ter jail till fall!"
this he treats, among others, the vexed ques.
tion, which in a trial is so often provocative
of heated debate, how far, if at all, shall proof
be admitted of similar or dissimilar facts as tend-

WEEKLY DIGEST
ing to show the existence or non-existence of a fact
in issue. After giving a concise statement of the gen-

01 ALL the Current Opinions of ALL tbe State eral rules with their underlying reasons, he considers apd Territorial Courts of Last Resort, and of elaborately some of the leading illustrations, devoting

tbo Sapreme, Circuit and District Courts of the several sections each to the topics, collateral crimes, and other defects in negligence cases, prior injuries at the

United States, except those that are Pablished same place, experiments, prior habits and conduct, in Fall or Commented upon in our Notes of subsequent precautions, and the inspection of per- Recent Decisions, and except those Opinions in sons and places. Ten sections are given to a treat

which no Important Legal Principles are Dis. * 3 (Alte pod ment of the questions affecting the credibility of wit. nesses. The subject of admissions and confessions is

cussed of Interest to the Profession at Large. 1 covered by two chapters that are remarkable for the accuracy and clearness with which that broad subject CALIFORNIA......

.2, 9, 45 LOUISIANA

12 7.9.

!!.. has been condensed. Under the head of declarations protecting the author states the rule requiring the best evidence

MASSACHUSETTS.

........17, 30, 32, 50, 52 was to be produced, and treats of the principle exceptions

MICHIGAN 5, 6, 7, 13, 19, 20, 23, 24, 24, 26, 27, 33, 38, 41, 42, which the practical administration of the law bas

43, 48, 49 forced upon the salutary rule.

MINNESOTA.....

37 Among others are NEVADA......

34 considered matters of public concern, ancient docu. NEW JERSEY.

.8 Coments, declarations against interest, entries made in

OKLAHOMA.....

..1,3 the ordinary course of business. The subjects of OREGON......... Dying Declarations, Expert and Opinion Evidence, TENNESSEE...

.29, 40, 51 Hearsay, and the doctrine of Res Gestæ are elabo- UNITED STATES C. C.....

..4, 18, 44 rately treated each in a separate chapter. All of the text

UNITED STATES O.O. OF APP

......21

VERMONT.... is supported by the citation of the latest and best con.

.14, 22 sidered authorities. The fact that there are more than

VIRGINIA....

. 10, 25, 31, 35, 36, 46, 47

WASHINGTON. 3,100 decided cases in addition to text books, shows

...16, 28, 39 diligence in the author, but the discriminating qual- 1. ATTACHMENT - - Appearance Commencement of ity of his work is to be appreciated vüly from an ex.

Action.-Where a defendant appears in court, and amination of the cases and a comparison of the text.

inoves to dissolve the attachment on the merits of the Subjected to such a test the work will not suffer in the

proceedings, such as the insufficiency of the attach. estimation of the critic, but will add to the already

ment affidavit, he enters a general appearance in the

case, and thereby waives all objections to the service enviable reputation of the author as an eminent ju

on bim in said case, and to the jurisdiction of the W. P. F.

court over the person of the defendant.-RAYMOND V. Nix, Okla., 49 Pac. Rep. 1110.

2. BENEFICIAL ASSOCIATIONS-By-laws.-The by-laws, BOOKS RECEIVED.

rules, and regulations of a beneficial association,

whether referred to or not, form part of the contract A Treatise on Fraudulent Conveyances and Creditors' made by a member in joining.-Hass V. MUTUAL RE

Bills. By Frederick S. Wait, of the New York LIEF ASSN. OF PETALUNA, Cal., 49 Pac. Rep. 1056.
Bar. Author of "Insolvent Corporations," "Trial 3. CONTEMPT-Judgment.-A judgment or order of
of Title to Land," etc. Third Edition, Revised court that a defendant stand committed to the county
and Enlarged. New York: Baker, Voorhis &

jail until the further order of the court, for a contempt Company, 1897.

in refusing to obey a previous order requiring him to

surrender certain promissory notes adjudged to be the General Digest American and English, Annotated.

property of another, is illegal, and void for uncer. Refers to all Reports Official and Unofficial. Vol. tainty as to the duration of the punishment, and will III, New Series. Rochester, N. Y. The Lawyers' not justify the imprisonment.-TAYLOR V. NEWBLOCK, Co-Operative Publishing Company, 1897.

Okla., 49 Pac. Rep. 1114.

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4. CONTRACT -Alteration.-Plaintiff, by written agree. ment, licensed defendant company to use certain ma. chines in consideration of paying royalty, and defend. ant gave bond, with sureties, conditioned for the per. formance of the contract. Afterwards the president of detendant company interlined in the contract a pro. vision as to the time of delivery of the machines, which was accepted and acquiesced in by plaintiff: Held, that this interlineation was an alteration of the con. tract so far as the sureties in the bond were concerned. -UNITED STATES GLASS Co. V. WEST VIRGINIA FLINT BOTTLE CO., U.S. C. C., D. (W.Va.), 81 Fed. Rep. 993.

5. CONTRACTS-Construction- Arbitration Clause.-A contract for the construction of buildings provided that, if alterations were made in the plans, “the value of the work added or omitted shall be computed by the architects, and the amount so ascertained shall be added to, or deducted from the contract price. In the case of dissent from such award by either party hereto the valuation of the work added or omitted shall be referred to three disinterested arbitrators, the decision of any two of whom shall be final and binding:" Held, an agreement to submit certain definite controversies to arbitration, and hence it was legal and binding.WEGGNER V. GREENSTINE, Mich., 72 N. W. Rep. 179.

6. CONTRACT---Statute of Frauds.- Where defendant received a letter from plaintiff, stating that a third person stated that defendant would pay for lumber furnished him by plaintiff, and requested defendant to advise plaintiff if such were not the fact, and defend. ant made no reply, but verbally promised to pay for the lumber after plaintiff delivered it to said tbird person, defendant is not bound, as the contract, being one to answer for the debt of another, was not in writ. ing, as required by 2 How. Ann. St. $ 6185, subd. 2.FULLER & RICE LUMBER & MANUFACTURING CO. V. HOUSEMAN, Mich., 72 N. W. Rep. 187.

7. CONTRACTS-Validity-Restraint of Trade.- Where the seller of stock in an ice company doing an ice busi. ness at P agreed with the purchaser not to engage in the ice business at P, nor adjacent thereto, at any time, the agreement was not an unreasonable restraint of trade, and void as against public policy.-UP RIVER ICE CO. V. DENLER, Mich., 72 N. W. Rep. 157.

8. CORPORATIONS-Powers-Authority of Officers.-A treasurer of a manufacturing corporation has no au. thority, by virtue of his office alone, to indorse its note for discount of sale.-BLAKE V. DOMESTIC MANUFG. CO., N. J., 38 Atl. Rep. 241.

9. CRIMINAL EVIDENCE-Assault With Intent to Mur. der.-On a trial for an assault with intent to murder, it was shown that defendant shot a man, and that two police officers went to defendant's saloon to watch him, while the sergeant was getting information about the shooting; that defendant knew that he was to be arrested, because he was questioned by the officers; that the sergeant, having learned that defendant did the shooting, afterwards came in, and ordered defend. ant's arrest without a warrant, and that defendant then fired on the officers, and wounded one of them: Held, that evidence of the first shooting was properly admitted, as tending to prove the motive with which defendant flred on the officers.-PEOPLE V. WILSON, Cal., 49 Pac. Rep. 1054.

10. EVIDENCE-Admissions in Court.-Admissions of parties in open court that their claims have been paid and their liens satisfied form evidence of an extremely satisfactory character.-LITTLE V. SLEMP, Va., 27 8. E. Rep. 808.

11. EVIDENCE-Parol Evidence.- Where written in. struments do not purport to contain the entire agreement between the parties thereto, nor to have been in. tended as a complete statement or performance of the whole contract, and such papers were executed in pur. suance of a parol agreement, and in part performance thereof, parol evidence of the verbal agreement is ad. missible in all cases where such evidence is consistent with, and not contrary to, such written instruments. -CHAMBERLAIN V. LESLEY, Fla., 22 South. Rep. 736.

12. FEDERAL AND STATE COURTS-Confleting Jaris diction.-When the State court has acquired jorlediction in a case, entered judgment, and is proceeding to Its enforcement, the appointment of a recelver by the United States court to the defendant corporation cannot devest the jurisdiction of the State court, and stay the execution issued to enforce the judgment.-LAKE BISTENEAU LUMBER CO. V. MIXM8, La., 22 South. Rep. 730.

13. FRAUDS, STATUTE OF-Part Performance.-Hor. Ann. St. $ 5569, provides that when a grant shall be made to one person, and the consideration therelor shall be paid by another, no use or trust shall result in favor of the latter, but that the title shall rest in the person named as alienee. Section 6183 provides the nothing in the chapter shall abridge the powers of the court of chancery to compel specific performance of agreements in cases of part performance: Held that, where a husband purchased land in his wife's name, with the parol agreement that it was to be occupied as a home by them so long as each should live, and the wite devised the property to others, section 618S did not apply, and the husband was precluded by secties 5569 from enforcing the trust against the derisetsCHAPMAN V. CHAPMAN, Mich., 72 N. W. Rep. 181.

14. FRAUDS, STATUTE OF-Waiver.-The defense of the statute of frauds, to be effective against an oral contract, must be urged when such contract is & tempted to be proved.-PIKE V. PIKE, Vt., 38 Atl. Bep. 265.

15. HABEAS CORPUS-Grounds of Remedy.-Where it is conceded, in a habeas corpus proceeding, that the commitment emanated from a court of competent 18thority, having jurisdiction of the subject matter Bed person, the only question is whether the process void for illegality.-EX PARTE TICE, Oreg., 49 Pae. Be} 1038.

16. HOMESTEAD Acquisition Mortgages. - 48 March 13, 1895, changing the method of selecting i homestead, did not repeal 2 Hills' Ann. Code, 8 providing that the selection may be made at austini before sale. Where separate property of the busiest was impressed with the homestead, and was alter wards mortgaged by him without the wife's conset the wife might have the mortgage declared ro 4 under 2 Hill's Ann. Code, 483, providing to "nothing herein shall be construed to prevent the owner of a homestead from voluntarily mortga ing the same," and that "po mortgage shall be valid against the wife of the mortgagor, unless she she sign and acknowledge the same;" and this whethere not the wife was precluded by 1 Hill's Ann. Code, 1404, from selecting a homestead from the husband's separate property.--ANDERSON V. STADLMANN, Wast. 49 Pac. Rep. 1070.

17. HUSBAND AND WIYE-Antenuptial Agreemeels.An antenuptial agreement provided that the propert of the intended wife should remain in her, and tbaraba might dispose of the same "by deed, grant, barpade sale, gift, desire, will, or otherwise, as she (might) 4k sire, without the congent" of the prospective husband Held, that the word "desire" was a mistake for "ft vise," and that the word "will" was used in later nical sense.-COOK V. ADAMS, Mass., 47 N. E. Rep

. kl 18. INTERSTATE COMMERCE Liquors.-An original package, within the meaninge the law of Interstate commerce, is the package dele ered by the importer to the carrier at the initial p of shipment, in the exact condition in which it ve shipped. In the case of liquors in bottles, if the Bom tles are shipped singly, each is an original pactas but if a number are fastened together, and marked, are packed in a box, barrel, crate, or other receptaste such bundle, box, barrel, crate, or receptacle ei stitutes the original package.-GOCKENHEIMER V, 5). LERS, U. S.O.O., D. (8. Car.), 81 Fed. Rep. 207

19. JOINT CONTRACT
action on a demand due plaintitt personally

, dele: ant may set off a note (otherwise a proper demned

Original Packages

Liability of Survivor.-la

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set-off) executed by plaintiff and another jointly, ceeds upon said mortgage; said sales subject to the where the other maker is dead.-MCCARTHY V. SLEIGHT, advice and consent of said B:" Held, that the deeds Mich., 72 N. W. Rep. 165.

and agreement back constituted C trustee of tbe lands 20. JOINT TRESPASSERS-Authority of Agent.-An at.

in W for the benefit of B.-A. P. COOK CO. V. BELL, torney for a plaintiff in execution placed in the hands Mich., 72 N. W. Rep. 174. of a constable the execution, and in the hands of an 28. MORTGAGE FORECLOSURE-Subordinate Interests agent a chattel mortgage lease, and the three took -Adverse Title.-A complaint for mortgage foreclos. possession of the entire stock of goods of the defend. ure alleged that defendant o (not the mortgagor) ant in execution. The amount of the mortgage was “claims some interest in or title to said property in. tendered to each of them. The non-exempt property consistent with the rights of plaintiff, and that the lien was sold under the execution before the hour adver. of plaintiff is prior to any lien of said C against the tised, and the three set apart and held the exempt said described lots, or either of them." C moved to property under the mortgage: Held, that a joint ac. strike out the phrase "inconsistent with the rights of tion could be maintained against them, as they were plaintiff," as presenting an issue of adverse title: joint trespasserg.-WEINSKAWSKI V. WISNER, Mich., 72 Held, that plaintiff intended to allege merely that the N. W. Rep. 177.

interest of C, whatever it might be, was subordinate

to that of plaintiff.-KIZER V. CAUFIELD, Wash., 49 Pac. 21. JUDGMENT-Jurisdiction.- When an action in the

Rep. 1064. circuit court to recover the possession of land situated in another district is joined with an action for rents,

29. MORTGAGE-Foreign Corporations Contractsissues, and profits of the land, that part of the judg.

Validity.-A person became a stockholder of a foreign ment rendered for the value of the rents is within the

building and loan association, and applied for a loan jurisdiction of the court, and is valid.--HEALEY V.

before the passage of the statute prescribing terms HOMPHREY, U. S. C. O. of App., Ninth Circuit, 81 Fed.

upon which foreign corporations might do business in Rep. 990.

the State. After euch enactment, and without the as.

sociation's having complied therewith, the loan was 22. LANDLORD AND TENANT-Estate from Year to

made, and a mortgage given as sécurity: Held that, Year-Holding Over,-A landlord who allowed a tenant

conceding that the borrower had acquired a vested for years by lease to hold over for a year and one

right to the loan, and that the association had become month, and accepted monthly payments of rent for

obligated to make it, before the statute was passed, the the time, sufficiently recognized the tenant as such;

making of the loan and the giving of the mortgage and the latter thereafter held as a tenant from year to

were not merely a winding up of unfinished business, year, although he had paid only eleven months' rent

and accordingly the mortgage was illegal and un. alter the expiration of the leage.-AMSDEN V. ATWOOD,

enforceable.-NEW YORK NAT. BUILDING & LOAN A88N. Vt., 38 Atl. Rep. 263.

V. CANNON, Tenn., 41 8. W. Rep. 1055. 23. LIFE INSURANCE-Cancellation of Policy.-Where

30. MORTGAGES-Foreclosure-Venue.-An action by the beneficiary under a life insurance policy, which

a mortgagor to recover of a mortgagee for an unau. had lapsed, except for its paid up value, procured its

thorized sale of the mortgaged premises for an alleged re-instatement through false and fraudulent repre.

breach of condition, when in fact no breach had been sentations, equity may compel the surrender and de.

made, is a transitory action.-ROGERS V. BARNES, cree the cancellation thereof, and enjoin an action at

Mass., 47 N. E. Rep. 602. law thereon, though the alleged fraud might defeat such action at law.-JOHN HANCOCK MUT. LIFE INS.

31. MUNICIPAL CORPORATIONS-Public Improvements Co. V. Dick, Mich., 72 N. W. Rep. 179.

-Negligence.-If a town, in exercising its authority to 24. MANDAMUS-Teacher's Salary - Remedy at Law.

improve a street, fails to do the work in a proper and Mandamus to compel the payment of the salary specl.

skillful manner, a common-law liability arises for all fied is not the proper remedy of a school teacher for

damages not necessarily incidental to the work, and the enforcement of a contract of employment where it

chargeable to the unskillful and improper mode of is claimed that such teacher was discharged for suffi.

executing it.-POWELL V. TOWN OF WYTHEVILLE, Va.,

27 S. E. Rep. 805. cient cause, as the law affords a plain, direct, and adequate remedy in its ordinary course,

If such discharge 32. NEGLIGENCE.-In an action by a fireman to rewas wrongful.- COFFIN V. BOARD OF EDUCATION OF cover for injuries by a collision, where the evidence CITY OF DETROIT, Mich., 72 N. W. Rep. 156.

showed that plaintiff was asked by the engineer if he 25. MASTER AND SERVANT - Defective Appliances.-It

could see a gwitch which they were approaching, and a brakeman is aware, on entering the railroad's em.

he reported that he could not, and that it was impog. ploy, that he will be constantly obliged to perform the

sible to see it because of the very heavy snowstorm dangerous task of coupling together mismatched

raging at the time, it cannot be said, as a matter of couplers, and continues in the service, and frequently

law, that the fireman was negligent in not seeing the performs that task, without making complaint to the

signal for the switch.-FAIRMAN V. BOSTON & A, R. Co., master, or making request that the danger be lessened, Mass., 47 N. E. Rep. 613. he assumes the risk.-MCDONALD'S ADMR. V. NORFOLK 33. NEGLIGENCE – Freight Elevators — Safety Appli& W. R. Co., Va., 27 S. E. Rep. 821.

ances.-The proprietor of an elevator, by inviting to 26. MECHANIC'S LIEN Statement for Lien.-Under

ride thereon one who knew it was intended for a Pub. Acts 1891, No. 179, $ 4, requiring original con

freight elevator, does not thereby become liable for tractors to furnish the owner of the building a state.

the degree of care required of a carrier of passengers. ment under oath of the number and names of the sub

-HALL V. MURDOCK, Mich., 72 N. W. Rep. 180. contractors or laborers under them, and of the per:

34. OFFICERS Resignation Withdrawal.-A con. sons furnishing materials, with the amount due each, tingent resignation by a State official is subject to and providing that until such statement is furnished withdrawal by him at any time before the contingency the contractor shall have no right of action and lien happens, and the action of the governor in refusing on account of the contract, such statement is a pre- to return the resignation when requested to do so berequisite to the right to enforce a lien.-WILTSIE V. fore such time is of no effect.-STATE V. BECK, Nev., 49 HARVEY, Mich., 72 N. W. Rep. 134.

Pac. Rep. 1035. 27. MORTGAGES Contemporaneous Agreement

35. PARTIES – Vendor and Purchaser - Rescission.Trusts.-B executed a mortgage to C, and at the same

While the assignor of a chose in action cannot sue time deeded him certain lands in W, under an agree

alone in equity for the benefit of his assignee, not bement reciting that: “I, the said o, hereby agree to ing the real party in Interest, yet the defect of parties sell said lands in W for the best price that I can ob

is cured if the assignee is made a party to the crosstain, and, after deducting costs and expenses and rea

bill, and files his answer thereto.-HORT V. MILLER, sonable charges for selling the same, to apply the pro- Va., 27 S. E. Rep. 831.

.

36. PLEADING.-The defect of a misspelled name of a party defendant is cured by serving process upon the proper party, and by amending the bill by inserting the correct name.- MARTIN V. MARTIN, Va., 27 S. E. Rep. 810.

87. PLEADING Cross-complaints.-The cause of ac. tion which one defendant may set up against his codefendant by a cross complaint must be one arising out of, or having reference to, the subject of the origi. nal action: Held, accordingly, that the cross.complaints interposed by two of the defendants herein against their co defendants were rightly struck out as irrelevant. AMERICAN EXCH. BANK V. DAVIDSON, Minn., 72 N. W. Rep. 129.

38. PRINCIPAL AND AGENT-Limitations.-The statute of limitations does not commence to run against claims for funds of the principal in the hands of the agent until a demand is made.-EWERS V. WHITE'S Es. TATE, Mich., 72 N. W. Rep. 184.

39. PRINCIPAL AND AGENT-Powers-Evidence.-Upon the question of authority of an agent to act for his principal in making a contract with a purchaser of goods, evidence is admissible to show that the agent made contracts for his principal with other pur. chasers.-H. C. MAHRT CO. v. HYMAN-HALL CO., Wash., 49 Pac. Rep. 1063.

40. PRINCIPAL AND SURETY-Rights and Llabilities of Co.gureties. - If one of the sureties on a guardian's bond obtains from the guardian the ward's money for his own use, as in payınent of a debt owing him by the guardian personally, and gach fact causes the guardian to default, as between such surety and his co-surety, the former is liable for the entire sum defaulted, especially where he has indemnified himself; and this whether or not the latter knew, when he became surety, that the former had received the money, and acquiesced therein. – PILE V. MCCOY, Tenn., 41 8. W. Rep. 1063.

41. PROCESS – Service-Non-resident Corporations.Under Pub. Acts 1895, No. 61, providing that “suits may be commenced at law or in equity in the circuit court where the plaintiff resides against any corporation not organized under the laws of this State, in all cases where the cause of action arose in the State of Michi. gan, by service upon any officer or agent of the corpo. ration," etc., service on the traveling salesman of a Massachusetts corporation, through whose agency its business was done in Michigan, was good. – RYERSON V. STEERE, Mich., 72 N. W. Rep. 131.

42. RAILROAD COMPANY-Occupancy of Street.-Where a railroad company, without condemnation proceed. ings, builds its road in the street, after a license from the city so to do, subject to the rights of adjacent owners, an abutting owner may recover the amount of damages accruing year by year, though he did not own the property when the railroad was built, and no rights against the railroad were assigned by the one who did then own it. - HOFFMAN V. FLINT & P. M. R. CO., Mich., 72 N. W. Rep. 167.

43. RELEASE AND DISCHARGE-Settlement of Claim.Where relator, an employee of the board of health, presented a bill for extra services, which was allowed, and for which he gave a receipt, it was a settlement of all his claims for such services prior to that time where he neither did nor said anything to indicate that this was to be a partial payment, or that he had any other claim.-GOODSON V. BOARD OF HEALTH OF CITY OF DETROIT, Mich., 72 N. W. Rep. 185.

entry and sale, and closed with the general provision that "in all cases where land has been heretofore sold for delinquent taxes the deed therefor must be made within one year and three months after this act takes effect, and, unless so made, the purchaser shall be deemed to have relinquished all his rights ander such sale:" Held, that the limitation did not apply to the State.-Z. RUSS & Sons Co. v. CRICHTON, Cal., 49 Pac. Rep. 1043,

46. VENDOR AND PURCHASER – Equity.-Where there is a material deficiency in the amount of land met tioned in a deed, and neither graptor nor grantee knew of it, a case of mutual mistake is made, against which a court of equity will, at the instance of the grantee, give relief by a decree for the value of the de ficiency.-HOLL V. WATTS, Va., 27 S. E. Rep. 829.

47. VENDOR AND PORCHASER – Title – Waiver of ObJections. – A company purchased lands with notice that trees growing thereon had been previously sold to another, though no mention of the fact was made in its deed, and without objection it paid part of the price in cash, and gave two notes for the balance. The first note it paid, and it obtained an extension on the other, and paid part of it. When pressed for final pay ment, it demanded an abatement of the price on certain grounds, but not until after suit brought, fire years after sale, did it claim an abatement on account of not having received the trees with the land: Held, that it had waived any right to abatement on sueb ground.--SOUTHWEST VIRGINIA MINERAL LAND CO. F, CHASE, Va., 27 S. E. Rep. 826.

48. WATERS-Riparian Rights-Navigable Waters.-person cannot anchor his boat in the shallow water between an island, owned by a riparian proprietor, and the channel of a navigable stream, and engage in shooting wild fowl from such boat, with the aid ol de coys anchored in sueh waters, against the protests o! such proprietor. – HALL V. ALFORD, Mich., 72 N. T. Rep. 137.

49. WATER COURSES Mill Site - Diversion of Head Waters. - The owner of a mill site on a stream fed by lakes and surrounding marsh may enjoin a township, not a riparian owner,

from diverting the head waters by cutting a ditch along the highway, even though bis resulting loss would be small in comparison prib benefits accruing to the public and owners of lof. lands.-STOCK V. JEFFERSON TP., Mich., 72 N. W. Bep. 132.

50. WILLS – Power of Disposition. - A will made ! residuary devise to a sister for life, "to be disposed d at her discretion; at her decease to go to my neareste! kin:" Held, that the sister's power of disposition FN limited to transfer during life, and not by will.-KESTE TON V. MAYHEW, Mass., 47 N. E. Rep. 612.

51. WILLS Rule in Shelly's Case.-Testator gare all his estate to his wife and two daughters, absolutely

, share and share alike, and then declared that, it he daughters should marry, his will and desire was the the property given to them should not in any instance be liable for the debts of their husbands, but should descend from his daughters to "their children;" !!! that, should either of his children before wentioned" die without a child, the property given to it shooke descend to that which may be living, "jo the manner above specified;" Held, that the devises to the daughters did not fall within the rule in Shelley's Case -COLLINS V. WILLIAMS, Tenn., 41 S. W. Rep. 1656.

52. Wills-Vesting of Estates.-A will provided, " * the decease of my son D the principal sum held i trust tor him shall be paid to his son D, it then living and, in case of his previous decease, the trustees sta pay over said principal sum to my daugbter and to other sons, to be equally divided among them:" Ielu that the interests of the sons and daughters of testo trix other than D in the remainder after the life estste vested on the death of testatrix, and not on the deada of the grandson D. SHAW V. ECKLEY, Mass., 7N.E. Rep. 609.

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44. REMOVAL OF CAUSES - Non-resident DefendantJurisdiction.-A suit commenced in a state court, by a British subject, against a non-resident corporation, to recover $20,000 damages for personal injuries, is re. movable to the circuit court on the application of the defendant.-STALKER V. PULLMAN'S PALACE CAR CO., U.S. C. C., S. D. (Cal.), 81 Fed. Rep. 989.

45. TAXATION-Deeds-Limitation.--Pol. Code, $ 3788, ag amended in 1885, provided what should be done with deeds to the lands sold to the State for delinquent taxes, how the lands should again become subject to

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