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(CIVIL REMEDIES; RULES AND PRINCIPLES.)

Pledge. A pledge to secure a note and "any other note or claim" held against the maker includes claims against the firm of which he is a member. (Mass.) 315.

Liens.

A vendor on the sale of land by contract has a lien as security for a purchase money note and can transfer it to an assignee of the note. (Cal.) 187.

A mortgagor's removal of personal property to another State, where it is seized and sold by his creditors on attachment, cannot affect the rights of the mortgagee whose mortgage was duly recorded in the State where the parties resided. (N. C.) 740.

Dedication.

The validity of a dedication of land for a public park and of an acceptance thereof is discussed in a case which holds that one who Consent to the erection of buildings is has carefully investigated the facts cannot beshown so as to render the vendor's interest sub-come a bona fide purchaser as against the dedject to a mechanics' lien, where in the contract ication although he purchases after reaching a of sale it is provided that the vendee shall erect conclusion that is erroneous. (Mass.) 251. the buildings within a specified time, although Gift. it also provides that any mechanics' liens shall be subsequent to those of the vendor. (N. Y.)tion to a certain person, but not to be bound 701.

Mortgages.

The rights of the mortgagee in possession are not affected by the fact that his right of action is barred. (Cal.) 437.

An assignment for creditors is held by the Ohio supreme court to cut off a mortgage on real property which is not yet deposited for record, and to do so as soon as it is delivered to the probate court, although it is not itself filed for record. This decision is based on the Ohio statute, which, although not declaring that unrecorded mortgages are void as to creditors, says they shall take effect from the time they are delivered for record. (Ohio) 235.

There is no merger of a mortgage in the equity of redemption acquired by the mort gagee where while he owns it another person has the mortgage as collateral. (N. H.) 294.

The law as to recording chattel mortgages is illustrated by a decision that a mortgage taken after a prior mortgage on a stock of goods had been recorded to secure the purchase price of goods sold to the mortgagor after the prior mortgage was made but before it was recorded is superior to the first mortgage, where the second mortgagee first takes possession of the goods under his mortgage. (Mich.) 388.

A gift of the use of the profits of a planta

for his debts other than decent and comfortable support, is held not to be within the reach of his creditors. (Va.) 212.

Money expended by a man while living with his married daughter on her premises without any expectation of payment, and to make improvements for his own use, cannot be charged against her estate for the benefit of his creditors after his death. (Vt.) 640.

Wills.

What the court calls a close case is one in which it decides that a will directing that tes tator's wife "shall have and hold the property" where he resides gives her the fee which is not cut down by a subsequent clause directing that she shall have the "sole control of the same during her lifetime." (Pa.) 359.

An obligatory trust is not created by a gift to testator's wife of all his estate requesting her to leave what she does not require for her support by her will to other persons named. (Del.) 563.

The time when legacies vest is discussed in a case deciding that it is at the death of the testator where an estate converted into money is to be given in equal shares among certain children and if either dies before payment his share is to be divided between the survivors. (Pa.) 360.

VIII. CIVIL REMEDIES; RULES AND PRINCIPLES.
Right of Action.

A purchaser of premises after an elevated railroad has been built, which makes a continuing trespass upon easements of light, air and access, has a right of action regardless of the amount paid by him, and his recovery in lieu of an injunction must be the difference in values with and without the road. (N. Y.) 401. An action for injury to lands without the State cannot be maintained in a state court if no part of the act which caused the injury was performed within the State. (Tex.) 542.

A difference in the statutes as to the right of action for negligence causing death is not sufficient to prevent action in a State other than that where the injury occurred where the difference is merely as to the person designated to bring the action or as to the amount of recovery. (N. Y.) 458.

A suit by a taxpayer to set aside a contract by a city must be based on injury to himself as a tax-payer. (Tex.) 383.

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Failure of a bailee to procure insurance as agreed by him will not make him liable if the bailor without relying on the agreement has himself procured sufficient insurance. (Tenn.) 518.

Remedy of Indian.

is affirmed in a Texas case which decides that The right of an Indian to sue in a state court assign a claim for damages for its wrongful he may lawfully own personal property and destruction. (Tex.) 542.

Election of Remedy.

Election of remedies is not made by attachment and bill in chancery based on fraud in procuring credit so as to defeat an action on subsequently maturing notes for purchase money as the remedies are not inconsistent. (N. Y.) 91.

An action to set aside an assignment for creditors as fraudulent is not such an election of remedies as will debar the creditors from

(CIVIL REMEDIES; RULES AND PRINCIPLES.)

sharing in a distribution under the assignment | mean the opposite party in interest, and inpending the suit. (N. Y.) 472. clude an interested person who is not a party on the record, and exclude an executor who has no personal interest. (Mich.) 83.

The fact that a negotiable note given for the purchase price of a chattel has gone to protest and is unpaid will not defeat an action for breach of warranty. (Neb.) 140.

The remedy on an injunction bond is not exclusive of the common-law action of covenant, where the injunction has operated as a breach of covenant. (Va.) 311.

When Barred.

A suit to restrain a continuous trespass is not barred so long as the remedy at law for injuries is not barred and the plaintiff retains the legal title. (N. Y.) 788.

The doctrine that mere laches of plaintiff, unaccompanied by circumstances amounting to an estoppel, will not bar an equitable remedy to enforce a legal right, is applied where plaintiff delayed eleven years before suing to restrain a continuous trespass. (N Y.) 788.

Revival of a judgment without jurisdiction of the defendant after he has left the State will not affect the running of the Statute of Limitations in another State. (Neb.) 565.

Injunction.

A property owner may enjoin the rebuilding in violation of a valid ordinance of a wooden building partially destroyed by fire although it would not be a nuisance per se if it would work special and irreparable damage to him. (Ind.) 481.

The privilege of women under the Mississippi Code to testify by deposition is discussed in a case which denies that the deposition can be read where the other party dies before trial, even if the substituted party is also a woman and might testify by deposition. (Miss.) 682.

The question as to permitting an expert witness to state directly his opinion as to the amount of damages to property is extensively it in the negative. (N. Y.) 499. discussed by a New York case which decides

tags attached to samples may be explained by
Apparently ambiguous marks on tobacco
parol. (Pa.) 438.

is admissible to show the liability assumed by
An Illinois decision holds that parol evidence
a stranger which places his name on the back
of a promissory note. (Ill.) 649.
sumed to be with the
Possession under a
(C. C. S. D. Ga.) 567.

assent of the executors.
specific legacy is pre-

Open and notorious facts which one with honest motives would have learned may be shown on the question of malice in a prosecution. (Minn.) 463.

Damages.

The denial of any damages for breach of a covenant of warranty is made by a South Carolina decision where the consideration of the covfor the breach of covenants of warranty under enant was love and affection and the recovery the statute was limited to the purchase money

An injunction to prevent the removal of buildings placed by a vendee on land held under a contract for which he has paid a large share of the purchase money will not be grant-paid with interest. (S. C.) 723. ed if the vendor's security will not be impaired by the removal. (Cal.) 680.

Jury.

The jury are final judges of the law as well as of the facts in a prosecution for criminal libel under Mo. Const., art. 2, § 14, although the judge should assist and inform them what the law is. (Mo.) 419.

The amount to be paid for the joint use of a street railway track in the hands of a receiver may be determined by the court on a petition where the statutes give the right to such use on payment of one half the cost of construction, and there is no right to a jury on the ground that it involves the exercise of the right of eminent domain. (Cal.) 754.

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The amount to be paid for property taken for public uses is discussed in a case holding that the value, and not the cost of a toll-bridge taken by the county, is the amount to be paid. (Pa.) 431.

The use of a house as a place of prostitution does not affect the liability for depreciation of its value from the construction and operation of an elevated railroad in the street in front of it. (N. Y.) 102.

The doctrine of liquidated damages is well discussed and illustrated in a Kansas case holding the sum of $500 fixed as damages for failure to perform a contract, the cost of which would not exceed $100, to be a penalty. (Kan.) 671.

In assessing damages for personal injury jurors should not have their attention drawn to the price for which they would be willing to suffer the injury. (Pa.) 374.

Punitive damages are recoverable for willfully delivering at the wrong landing goods marked for delivery at a private landing. (Miss.) 600.

The authorities on the question of damages for mental suffering are reviewed in a Mississippi decision which denies such a recovery for negligent failure to deliver a telegram. (Miss.) 859.

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Set-off.

(CRIMINAL LAW AND PRACTICE.)

A surety sued jointly with his principal may offset his individual claim against the creditor where both creditor and principal are insolvent. (N. Dak.) 233.

Judgments.

The validity and effect of judgments entered on warrants of attorney is discussed in a New York case holding such judgments as valid in all other States as in the State where they are entered, and also that they may be entered on a note containing such a warrant before its maturity. (N. Y.) 796.

Bribing a witness is not ground for vacating a decree. (Cal.) 336.

The right to set aside a judgment taken in the absence of defendant's attorney is upheld where the absence was due to sickness and the client was also absent on account of an announcement by the judge that the cases of that attorney would not be taken up. (Ga.) 689. Appeal.

The right to appeal as a party "aggrieved" is held not to extend to executors where the judgment affects only the rights of claimants of the property of the decedent as between themselves. (N. Y.) 745.

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Estoppel.
Representations to a commercial agency re-(Mich.) 693.

IX. CRIMINAL LAW AND PRACTICE.

A change of procedure from indictment to information is not ex post facto as to offenses already committed. (Wyo.) 748.

Registering a qualified voter without his appearing in person as required by law is held not to be punishable as a felony under the Kansas statute when done without fraudulent intent. (Kan.) 607.

Being intoxicated and yelling on the public streets in such a manner as to disturb the good order and tranquillity is a breach of the peace. (Mich.) 163.

An officer has no right to make an arrest without a warrant for breach of the peace by yelling, etc., committed when he was not in sight although he heard it. Id.

The right of an officer to take money from a person under arrest is discussed in an Alabama case which decides that it can be taken only when there is reasonable ground to believe that the money is connected with the 13 L. R. A.

crime, or may be useful on the trial. (Ala.) 120.

One convicted of intoxication can constitutionally be required to disclose when, where, how, and from whom he obtained the intoxicating liquor. (Conn.) 66.

The illegal purpose of a person from whom money is obtained by false pretenses is no defense to an indictment against the person thus obtaining it. (Colo.) 752.

The agent of a common carrier is held liable for aiding and abetting in bringing intoxicating liquors into a city to be sold illegally, where he habitually delivered them, although he had nothing to do with ordering them, or bringing them to the city. (Mass.) 195.

The time of absence from jail through an unauthorized act of the sheriff under a sentence to pay a fine or be imprisoned cannot be counted in estimating the period of imprisonment. (Cal.) 574.

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