ceeding begun within four months of the at-
tachment.-Miller v. Kenniston (Me.) 114.

The words "insolvent" and "insolvency" in
the insolvent act mean an inability to meet
maturing demands in the ordinary course of
the business.-Morey v. Milliken (Me.) 102.

A life insurance policy, assigned by an in-
solvent debtor as security to one of his credit-
ors, becomes the policy of his estate upon the
transfer by that creditor of his claim.-Morgan
v. Dugan (Md.) 558.

A suit by an assignee in insolvency in Mas-
sachusetts will not be enjoined at the suit of a
creditor in New Hampshire.-Crippen v. Rogers
(N. H.) 346.

The insolvent must make a conveyance of the
property to the trustee.-Clark v. Manko (Md.)
621.

Preferences.

Effect of ignorance of a creditor, who was
preferred by an insolvent, of the fact of insol-
vency and of the preference, as affecting the va-
lidity of the preference.-Willison v. First Nat.
Bank (Md.) 749.

A trust deed for the benefit of all creditors,
without preference, executed by a firm which
had previously committed acts of insolvency by
preferring certain creditors, is of no effect.
Willison v. First Nat. Bank (Md.) 749.

A sale of its stock in trade, with an imme-
diate return of part of the price to the pur-
chaser to cancel a prior debt, held to be an ille-
gal preference, constituting an act of insol-
vency.-Willison v. First Nat. Bank (Md.) 749.
An agreement between certain creditors and
the assignee, with the approval of an insolvent
court as to the retaining by the creditors of
certain preferences, will not conclude other
creditors from contesting the debt, and show-
ing illegal preference.-Morey v. Milliken (Me.)

102.

A preference may be surrendered at any
time until the debt is fully disallowed.-Mo-
rey v. Milliken (Me.) 102.

The replacing securities lost by others to
take their place is not an exchange, but is a
preference.-Morey v. Milliken (Me.) 102.

Under Rev. St. c. 70, § 29, a person accept
ing a preference, knowing that his debtor was
insolvent, cannot prove his debt nor receive
his dividend until he surrenders to the assignee
the benefits of such preference.-Morey v. Mil-
liken (Me.) 102.

Where creditors received security, with ex-
press notice of their debtor's insolvency, having
elected to hold security, they are charged with
taking it under notice of insolvency.-Morey v.
Milliken (Me.) 102.

Proof and allowance of elaims.

A wife may prove against her husband's es-
tate a note against him received by her as heir
at law of her grandfather.-Purdy v. Purdy's
Estate (Vt.) 695.

Evidence examined in support of a claim by
wife against her husband's insolvent estate, and
held sufficient.-Purdy v. Purdy's Estate (Vt.)
695.

A claim for attorney's fees is not one for
wages or salary, under Code, art. 45, § 15, so
as to entitle the attorney to priority.-Lewis
v. Fisher (Md.) 608.

An attorney is not entitled to priority of pay-
ment for services, under Code, art. 47, § 15.-
Lewis v. Fisher (Md.) 608.

Diseharge.

A tradesman who has failed to keep books
of account is not entitled to a discharge. In re
Mooers (Me.) 109.

Whether a tradesman's book gives the com-
plete history of his business is a question of
fact. In re Mooers (Me.) 109.

Inspection.

Of corporate books, see "Mandamus."
Instructions.

See "Criminal Law"; "Trial.

INSURANCE.

Service of writs on foreign companies, see-
"Writs."

The requirements of the act of 1870, that a
person or association must be authorized by a
charter of incorporation to do insurance busi-
ness in order to issue a policy, is reasonable,
hence is not unconstitutional.-Commonwealth
v. Vrooman (Pa.) 217.

Pub. Laws, c. 673, prohibiting discrimination
in premiums on life policies, is not violated be-
cause the insured receives the commission from.
the agent in consideration of furnishing him
the names of others wishing insurance.-Quigg
v. Coffy (R. I.) 794.

Where there was evidence of waiver of proofs.
of loss, it was proper to charge to find such
waiver if defendant was notified of the loss..
and took possession of the property, and offered
to pay the award, and denied its liability on oth-
er grounds.--Caledonian Ins. Co. of Scotland
v. Traub (Md.) 904.
The contract.

Under the standard policy, the insurer is sub-
rogated to a judgment recovered by the insured
v. Manufacturers' Natural Gas Co. (Pa.) 1001.
against the party causing the loss.-Stoughton

tain correct copies of the application when the
Act May 11, 1881, requiring policies to con--
policy refers to it, applies only when the ap-
plication is in writing.-Lennox v. Greenwich
Ins. Co. (Pa.) 940.

Where an attaching creditor fails to procure
insurance on his interest, and the debtor takes
out a policy, it is on his own interest, not on.
that of the creditor.-Donnell v. Donnell (Me.)
67.

An agent carrying on business for his princi-
pal, and accounting for the stock and property on
hand, holds the property "in trust," within an
insurance on goods so held.-Roberts v. Fire-
men's Ins. Co. of Chicago (Pa.) 450.
Application.

Misstatement by insured as to whether any
of her family had died of consumption held to
avoid the policy.-Jerrett v. John Hancock Mut.
Life Ins. Co. (R. I.) 793.

Conditions.

Effect of provision in policy that the loss shall
not be paid until 60 days after ascertainment of
the amount thereof.-Cooledge v. Continental.
Ins. Co. (Vt.) 798.

A condition in a policy avoiding it if foreclo-
sure proceedings be commenced does not refer
to proceedings pending at the time the policy
was written.-Cooledge v. Continental Ins. Co.
(Vt.) 798.

Question whether a condition that a policy
shall be void if there is any increase in the
hazard is not broken by a sale under a judg
ment which existed at the time of writing the
policy. Collins v. London Assur. Corp. (Pa.)
924.

Construction of condition in a fire policy
avoiding it if the hazard be increased by any
means within the control or knowledge of the

Effect, as against a subsequent judgment, of
the entry of various judgments of revival at
different times on a scire facias for the sum
due each of different use plaintiffs. In re
Ernst's Estate (Pa.) 371; Appeal of Hayes, Id.
The entry of judgment on a note executed on
Sunday under a power of attorney therein
granted does not prevent the maker, after the
judgment has been set aside, from defending
by showing that the note was made on Sunday.
-Whitmire v. Montgomery (Pa.) 1016.

A judgment for plaintiff after a verdict in his
favor must be entered on the verdict, and not
on a point reserved.-Ringle v. Pennsylvania R.
Co. (Pa.) 492.

A judgment in the small-cause court, enter-
ed in figures instead of in words, is reversible.
Meirs v. Bussom (N. J. Sup.) 433.

A sheriff's sale under a voidable judgment en-
tered in scire facias proceedings on a mortgage
is binding on a stranger to the proceedings, as
against a bona fide purchaser, when collaterally
attacked by the former 30 years afterwards.--
Brundred v. Egbert (Pa.) 503.

An allegation of want of actual notice of a
decree of distribution made by the orphans'
court will not be considered in a collateral at-
tack upon such decree.-Ferguson v. Yard (Pa.)
517.

Satisfaction.

Non obstante veredicto.

Propriety of judgment in will contest for the
contestee non obstante veredicto, which was
rendered on a point reserved as to whether
there was any evidence on which contestants
were entitled to recover.-Butts v. Armor's Es-
tate (Pa.) 357.

Remedy of judgment debtor who failed to de-
fend an application for a writ of scire facias to
revive the judgment, though he had a good de-
fense, he being ignorant of the application for
the writ.-Jones v. George (Md.) 635.

Res judicata.

Where judgment against a husband and wife
for necessaries is reversed as to the wife, it is
not a bar to an action against her on the same
claim.-Roll v. Davidson (Pa.) 987.

A decision by a common-law court, refusing
to set off a judgment, held to be conclusive on an
application for the same relief to an equity
court.-West New York Silk-Mill Co. v. Laubsch
(N. J. Ch.) 814.

A judgment against defendant on a plea to
the jurisdiction is not a bar to a subsequent ac-
tion between the same parties, involving the
same subject-matter.-Town of Jericho v. Town
of Underhill (Vt.) 690.

Conclusive effect of judgment as to whether
certain waters were navigable, this question be-
ing necessarily found before the verdict could be
rendered.-Sherman v. Sherman (R. I.) 459.

A conclusion of the orphans' court upon a
question necessarily involved in the exercise of
its jurisdiction, but otherwise outside of its
jurisdiction, is not binding when the question
arises in another way.-Dunham v. Marsh (N.
J. Prerog.) 47.

The validity of a judgment of a court of com-
petent jurisdiction will not be considered on a
motion to quash a writ of fieri facias issued
thereunder.-Jones v. George (Md.) 635.
Opening and vacating.

Right of defendant to have a judgment en-
tered against her on a judgment note opened
to allow her to set off a note held by her against
plaintiff.-Steiner v. Scholl (Pa.) 159.

A rule on plaintiff to show cause why a judg-
ment entered against him on a judgment note
should not be stricken off held to have been
properly discharged, there being a conflict of
evidence as to whether the note was given for
a gambling transaction. Champlin v. Smith
(Pa.) 447.

Propriety of opening a judgment against a
married woman, confessed under a power of at-
torney, in order that she might show that she
signed the power as surety for her husband's
debts.-Harris v. Reinhard (Pa.) 510.

A judgment by default cannot be set aside
without notice to the judgment creditor.
Chapdelaine v. Handy (R. I.) 342.

JUDICIAL SALES.

An order of distribution is not conclusive as
to a nonresident infant legatee not represented,
where the auditor is the attorney of the other
legatees. In re White's Estate (Pa.) 192.

Collateral attack.

A decree of, the orphans' court for the sale of
the decedent's land, if obtained by fraud on
persons not parties to the proceeding, may be
attacked by them collaterally.-Sager v. Mead
(Pa.) 284.

A judgment by default in a proceeding by
scire facias sur mortgage is voidable merely,
and not void, when entered by an attorney in-
stead of being taken in open court, as required

trust property, to accept a bid offered by the
Propriety of refusal by trustees, on a sale of
auctioneer on the part of one who wrote to
him, asking him to make the bid, but who was
unknown to him or to the trustees.-Thomson
v. Ritchie (Md.) 708.

A sale under an order of the orphans' court
is not subject to collateral attack because made
on application of the administrator in behalf
of creditors, instead of being made on applica-
tion of the creditors themselves.-Simpson v.
Bailey (Md.) 622.

A purchaser of land at a sheriff's sale has no
right to use force to dispossess the tenant there-
of.-Frick v. Fiscus (Pa.) 515.

Right of a purchaser at public sale of an as-
signed estate to have the sale set aside on the
ground that the title was not wholly in the as-
signor.-In re Seard's Estate (Pa.) 298; Appeal
of Burford, Id.

Jurisdiction.

See "Courts"; "Equity."

On appeal, see "Appeal."

JURY.

Taking case from, see "Trial."

Sufficiency of oath by jury commissioners "to
faithfully fill the jury wheel in performance of
their official duties," no motion being made to
quash the array on account thereof until four
months after application for continuance.
Klemmer v. Mt. Penn Gravity R. Co. (Pa.) 274.
The array will not be quashed because one of
the jury commissioners, residing some miles
from the county seat, by agreement took the
jury wheel, and kept it at his home.-Klemmer
v. Mt. Penn Gravity R. Co. (Pa.) 274.

The president judge need not take an addi-
tional oath in writing before entering on his du-
ties, under Act April 10, 186, regulating the
drawing of jurors.-Klemmer v. Mt. Penn Grav-
ity R. Co. (Pa.) 274.

LANDLORD AND TENANT.
Rights and liabilities.

Sufliciency of evidence to authorize a find-
ing that a lessor agreed to make all necessary
and ordinary repairs. Gulliver v. Fowler
(Conn.) 852.

Measure of damages for breach of agreement
to repair a house let for a boarding house, and
for false warranties as to the heating apparatus,
is the rental value of the rooms which conse-
quently cannot be let. Gulliver v. Fowler
(Conn.) 852.

Notice by a tenant, who has the option of a
further term for four years, that he will take
a further term for one year, is equivalent to
a notice that he will not take for four more
years. Williams v. Mershon (N. J. Sup.) 619.

A landlord is not liable for injuries by a fall
of snow from the roof of a building rented to a
tenant, by an ordinance requiring railings on
the roofs after 30 days' notice, where no notice
was given.-Lee v. McLaughlin (Me.) 65.

A tenant in possession of a building is liable
for a fall of snow from the roof on a traveler.
Lee v. McLaughlin (Me.) 65.

Leases.

Construction of a five-year oil lease as to
whether the failure of the lessee to make pay-
ments as provided therein relieved him of lia-
bility for the rent.-Conger v. National Transp.
Co. (Pa.) 1038.

A lease will not be forfeited because of fail-
ure in the prompt payment of the rent, where
time is not the essence of the contract, and full
compensation can be had.---Lynch v. Versailles
Fuel Gas Co. (Pa.) 984.

The fact that the lessor knew the lessee in-
tended to use the premises for the illegal sale of
liquor does not avoid the lease.-Miller v. Ma-
guire (R. I.) 966.

The fact that a lessee who intended to use the
premises for the sale of liquor is unable to pro-
cure a license because of subsequent building of
a school near the premises does not constitute
eviction. Miller v. Maguire (R. I.) 966.

Right of lesser to justify an ejection of his
tenant on the ground that a sublease made by
the tenant to him provided for use of part of
the premises for the illegal sale of liquor.-Al-
len v. Keilly (R. I.) 965.

Where, under an oil lease to three persons,
the lessees have the right to surrender by parol,
the third is bound by the declarations and acts
of the other two respecting such surrender.-
Hooks v. Forst (Pa.) 846.

be made by parol.-Hooks v. Forst (Pa.) 846.
Where a lease provides for a surrender, it can

In an action on a written lease, defendant
may show that he did not accept it, but paid
rent under a prior verbal agreement.-Johnson
v. Smith (Pa.) 675.

Construction of lease, as to whether it in-
cluded a vacant strip adjoining the described
premises; the lease covering the house and
premises," and "all the buildings, outhouses, and
premises of such place, with appurtenances."
-Morris v. Kettle (N. J. Sup.) 879.

Necessity of assent in writing of the wife to
a lease for five years of her land, made by her
husband for her.-Williams v. Mershon (N. J.
Sup.) 619.

No notice to quit is necessary when, by the
terms of the lease, it expires at the end of a
year. Williams v. Mershon (N. J. Sup.) 619.

Construction and effect of a provision in a
lease that the hay crop should be equally divid-
ed between landlord and tenant, but speut on
the farm.-Brown v. Ela (N. H.) 412.

Where defendant leased his farm to plain-
tiff, who covenanted that, in consideration of
the lease and $100, he would care for defend-
ant's mother during such term with other cov-
enants, the death of the mother does not for-
feit plaintiff's right to the $100-Varney v
Bradford (Me.) 115.

Holding over.

Right of tenant holding over, in suing for
property distrained on for rent which accrued
after the end of his term, to prove that he com-
plained of the premises, and that repairs were
needed, and that negotiations were pending for
a new lease.-Patterson v. Park (Pa.) 1041.

When one leasing property for a certain time
holds over there is a renewal of the lease.--
l'atterson v. Park (Pa.) 1041.

Rent.

Action for rent under an oil and gas lease,
wherein the fact that the title was partly in the
wife of the lessor was no defense, the wife hav-
ing made no objection to the lease.-Kunkle v.
People's Natural Gas Co. (Pa.) 719.

Waiver of breach of provision in lease, as to
the time of paying rent, by an acceptance of the
rent after the stipulated time.-Mack v. Dailey
(Vt.) 686.

Though, in an action of covenant for rent,
an eviction cannot be shown unless specially
pleaded, when such defense is admitted with-
out objection, the defect in the pleading is
waived. Morris v. Kettle (N. J. Sup.) 879.

If the defendant be evicted by the landlord
from a part of the premises, the payment of
the entire rent is suspended during the contin-
uance of the eviction.--Morris v. Kettle (N.
J. Sup.) 879.

Gen. St. § 2969, which excuses a tenant from
paying rent if the tenement is so injured as
to be unfit for occupancy, does not apply to the
case of an injury occurring from the want of
ordinary repairs.-Gulliver v. Fowler (Conn.)
852.

A lessee of oil land who assigns the lease is
A lessee of oil land who assigns the lease is
liable for rent, though the lessor fails to de-
mand the rent from the assignee when due.-
Pittsburgh Consolidated Coal Co. v. Greenlee
(Pa.) 489.

One leasing oil land under an agreement to
pay a certain sum for each oil well drilled is liable
for rent, though he assigns the lease to another,
whom the lessor recognizes as his tenant.-Pitts-
burgh Consolidated Coal Co. v. Greenlee (Pa.)
489.

Where one, by consent of the lessee, places a
third person in possession of the leased prem-
ises, he is not liable under the lease, though he
may have paid the rent for several months.-
Beck v. Eagle Brewery of Newark (N. J. Ch.)
1100.

LICENSE.

Liquor license, see "Intoxicating Liquors."
Of pilot, see "Pilots."

Act March 28, 1892, does not empower bor-
oughs to license the business of a grocer.-Guerin
v. Borough of Asbury Park (N. J. Sup.) 472.

Where the purchaser of growing trees cuts all
the timber worth taking, and abandons the
premises for 11 years, his right to enter is gone.
-Patterson v. Graham (Pa.) 247.

Liens.

See "Mechanics' Liens."

Of attachment, see "Attachment."
Of attorney, see "Attorney and Client."
Of execution, see "Execution."
Of mortgages, see "Mortgages."

Life Insurance.

LIMITATION OF ACTIONS.

An action against an administrator for a share
of an estate is barred after three years from
his final accounting.-Buckmaster v. Reed (Del.
Super.) 971.

Several distinct conversations as to a debt
barred by the statute cannot be considered to-
gether.--Patterson v. Neuer (Pa.) 748.

I owe you" is not sufficient to remove the bar.-
A statement that "I will pay you everything
Patterson v. Neuer (Pa.). 748.

A promise to pay a debt barred by the statute
must specify the amount.-Patterson v. Neuer
(Pa.) 748.

Effect of finding of true will of testator, aft-
er the administration of his estate under a sup-
posed will, upon the running of limitations
against the rights of legatees under a former
will.-Spruance v. Darlington (Del. Ch.) 663.

Where a resident debtor absconds, and after-
wards returns, the statute begins then to run in
his favor if the creditor takes no steps to ascer-
have served process on him.-Dukes v. Collins
tain his whereabouts, and could, with diligence,
(Del. Super.) 639.

A promise to pay in installments a debt barred
by the statutes does not enable the creditor to sue
immediately.-Wiley v. Brown (R. I.) 464.

Act March 25, 1881, requiring actions against
railroad companies for negligence to be brought
within two years, does not apply to horse rail-
roads.-North Hudson County Ry. Co. v. Flana-
gan (N. J. Sun.) 476.

A by-law of a 'own prohibiting excavations in
a street does not make the offense a continuing
one, where the hole is left open, so as to pre-
vent the running of the statute.-Borough of
Wallingford v. Hall (Conn.) 47.

An action for a fine for making an excavation
in a street must be brought within one year aft-
er the excavation was made.-Borough of Wal-
lingford v. Hall (Conn.) 47.

Where the first demand for payment of a de-
mand note was made 28 years after its execu-
tion, and after the death of all the parties, it is
barred by the statute. In re Stevens' Estate
(Pa.) 245; Appeal of Wiestling, Id.

Lapse of time will not bar an accounting by
an executor when the trust relation has not been
terminated.-Davis v. Eastman (Vt.) 1.

Liquidated Damages.

See "Damages."