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WEEKLY DIGEST.

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Weekly Digest of Important Opinions of the

State Courts of Last Resort and of the Federal Courto,

Copy of Opinion in any case referred to in this Digest may be procured by sending 25 cents to us or to the West Pub. Co., St. Paul, Minn.

Alabama

.13, 22, 24, 31, 34, 53 California

....1, 16, 17, 32, 51, 61 Georgia

..43, 45, 57 Indiana

...15, 18 Iowa

.............12, 39 Kentucky

35, 47, 49 Maryland

.21, 36, 60, 62 Michigan

.27, 30, 38, 41, 42, 44 Minnesota

..23, 26 New York

..14, 19, 28, 48, 50, 56, 58, 63 North Carolina

..,3, 25 Oklahoma

.........20, 33 South Dakota

40 Texas

.4, 46, 59 United States C. C. A... ..7, 8, 10, 37, 54, 55 United States D. C......

..5, 6, 9, 52 West Virginia

...2, 11, 29

1. Attachment-Amendment of Complaint.A surely company, executing a bond to release an attachment, such bond undertaking to pay any judgment obtained in the action is not discharged, under Cin, Code, Š 2819, by an amenament of the complaint, not setting up a new cause of action, but mereiy increasing the amounts demanded for breach of contract.Turner v. Fidelity & Deposit Co. of Maryland, Cal., 200 Pac. 959.

2. Attorney and Client-Attorney's Lien.An attorney by whom a judgment or decree was obtained for his client has a lien upon a fund arising from enforcement of such judgment or decree against the land of the debtor, by another attorney employed by his client, prior and superior to the lien thereon of such subsequently employed attorney, unless he has expressly or impliedly assented to such subsequent employment or, in some way, relinquished his right further to represent his client in the matter, or, by negligence or other misconduct warranting his discharge, has lost it. -Brown v. Erwin, W. Va., 108 S. E. 605.

3.--Authority of Attorney.-In a summary proceeding in ejectment, where the jury gave possession of the property to the owner and fixed the rental at $111.66, contrary to the testimony of what a fair rental should be, and an intimation by the court that the verdict would be set aside as against the weight of evidence, unless plaintiff consented to a reduction in the rental to $60, held, where it is established that attorney's consent to such reduction and compromise is without express authority from the client and contrary to his instruction, such judgment will be set aside.-Bizzell v. Auto Tire & Equipment Co., N. C., 108 S. E. 439.

4.--Value of Services.-An attorney employed to perfect title to certain land under a contract entitling him to certain interest in the land for such services could not, on client's termination of contract before he had fully performed services, recover as reasonable value of the services, upon quantum meruit, more than the value of the land which would have been his compensation for his services had the title been perfected.–Smith v. Thompson, Tex., 233 S. W. 876.

5. Bankruptcy-Motion to Intervene.--Motion to intervene in bankruptcy proceedings by applicants who allowed a default of nearly two months to run against them without any excuse whatever may be denied, in the discretion of the court.-In re Tidewater Coal Exchange, U. S. D. C., 274 Fed. 1011.

6. -Partnership.-Bankr. Act. § 5a, providing that a partnership may be ajudged a bankrupt, treats a partnership as an entity, and in view of General Order in Bankruptcy No. 8, providing that a member of a partnership who refuses to join in a petition to have the partnership declared bankrupt "shall be entitled to resist the prayer of the petition in the same manner as if the petition had been filed by a creditor of the partnership," that he shall be served with notice, and "shall have the right to appear

and to make proof if he that the partnership is not insolvent or has not committed an act of bankruptcy and to make all defenses which any debtor proceeded against is entitled to take by the provisions of the act, “a petition filed against a partnership by one partner alone must conform to the requirements of an involuntary petition and must allege insolvency and an act of bankruptcy by the partnership.-In re Ollinger & Perry, U. S. D. C., 274 Fed. 970.

7.-Priority of Payment.—The United States Shipping Board Emergency Fleet Corporation, incorporated under the general corporation law of the District of Columbia. pursuant to Act. Sept. 7, 1916, $$ 11, 13, given the President's authority to construct, purchase, and requisition vessels under Act June 15, 1917, by the President's executive order of July 11, 1917, was not entitled to priority of payment under Bankruptcy Act. $ 64, and Rev. St. $ 3466, of a debt due it from a bankrupt with whom the corporation made a contract as a principal, and not as the agent of the United States government, on the theory that the debt was one due to the United States, since, the corporation having been organized as a private corporation under the District of Columbia's general incorporation law, the government's ownership of the stock did not divest it of its character as a private corporation, in view of $$ 607, 608. -In re Eastern Shore Shipbuilding Corporation, U. S. C. C. A., 274 Fed. 893.

8.-Taxes.-Under Bankruptcy Act, $ 64a, claim of the government for taxes is not ordered paid in its entirety as matter of course and the trustee remitted to proceedings under Rev. St. $ 3226 to have the money returned, but the bankruptcy court passes on and determines validity of the tax in the first instance; it not being a case where the trustee is seeking to maintain a suit for recovery of internal revenue taxes illegally assessed, the government and not the trustee being the moving party, and this notwithstanding the trustee moves that the government's proof of debt be reconsidered and rejected, a verified proof of debt in bankruptcy having probative force and making out a prima facie case requiring the objector to go forward. In re General Film Corporation. U. S. C. C. A., 274 Fed. 903.

9.-"Unincorporated Association." The Tidewater Coal Exchange, an association organized by shippers of bituminous coal during the war with Germany, at the instance of the Council of National Defense for the purpose of speeding the transshipment of coal from cars to ships at tidewater, etc., involving a general pooling arrangement for coal, with debit and credit charges against and for each member, held an "unincorporated company" within Bankruptcy Act, $ 4B, so as to give the District Court jurisdiction of involuntary petition against it.-In Tidewater Coal Exchange., U. S. D. C., 274 Fed. 1008.

10.-Voluntary Petition.—There is no presumption of authority in an officer of a corporation to make and file a voluntary petition in bankruptcy, and he may not do so without the consent of the directors.--Regal Cleaners & Dyers v. Merlis, U. S. C. C. A., 274 Fed. 915,

11. Bills and Notes-Liability of Endorser.To render an endorser liable on a negotiable note, it must be presented at the particular time and place specified therein and timely notice of its dishonor given the endorser, unless it is alleged and proven that he in some way waived such notice.-Hastings v. Gump, W. Va.. 108 S. E. 600.

12. Brokers-Commission.-A commission is earned when the broker produces a purchaser accepted by the principal, and the subsequent

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agreement of the principal and the buyer to abandon the contract will not defeat the broker's claim for commission, nor place on the broker the burden of restoring to the purchaser a deposit on the price not in excess of the agreed commissions.-Smith v. Eells, Iowa, 184 N. W. 385.

13. -Commission.-A broker who undertakes to find a purchaser for land at a stipulated price earns his commission when he procures and produces to his principal a person who is able, ready, and willing to buy at that price, and he does not earn his commission if he fails to produce such a purchaser; but, if a broker has brought the parties together and they conclude a contract, he is not deprived of his right to a commission by the fact that the contract differs in terms from the one which he was authorized to negotiate, provided the negotiations commenced by the broker continued uninterruptedly.-Dancy v. Baker, Ala., 89 So. 590.

14. Constitutional Law-Due Process.-It is a violation of the Fourteenth Amendment of the federal Constitution, if a judgment in a personal action is enforced, which has been entered by default on the service of the summons by publication: but, unless process is issued on the judgment in an effort to enforce it defendant cannot claim his rights are violated.-Cahill v. Broadwell Productions, N. Y., 190 N. Y. S. 225.

15. Contracts-Mutual Agreement.-A contract, “We, the undersigned, children of R., and the only beneficiaries under her will," agree to turn over to the executor an eighth part of the property of the testatrix from our distributive share, with the understanding that the same shall be paid to disinherited grandchildren, who did not sign held obviously drawn as a mutual agreement between the several parties, to be signed by all of them, which was not binding on any of them, where all did not sign.-Hess v. Lackey. Ind., 132 N. E. 257

16. --Public Policy.-In contracting with a lumber company that the latter assume liability for the loss of lumber deposited on a wharf during a strike of longshoremen. the whartinger violated no law against public poliny.Northwestern Mut. Fire Ass'n v. Pacific Wharf & S. Co. Cal.. 200 Pac. 935.

17. Corporations-Purchase of Stock. — An agreement of a corporation with an intending purchaser of stock to take back the stock on demand is enforceable by such purchaser.Williamson v. Marshall. Cal., 200 Pac. 1058.

18. Criminal Law-Sufficiency of Indictment. -Burglary indictment, charging that defendant broke into named person's private garage, held to charge crime with sufficient certainty. notwithstanding failure to define the word "garage," or to state that the private garage was a building; the word "garage" being well understood to mean a building for the storage of antomohile vehicles.-Taylor v. State. Ind., 132 N. E. 294,

19. Eminent Domain-Railroad Property.Railroad property is not to be condemned for a street, though it be not actually in use, it it will be needed for the company's use in the future and this, though the railroad's franchise from the city to operate on certain streets has been forfeited hv the city.-In 221st Street, N. Y., 190 N. Y. S. 235. 20.

a valid gift, where it was not shown that such depositor, in his lifetime, released control and dominion over it.—Pearre v. Grossnickle, Md., 115 Atl. 49.

22. Guardian and Ward-Illegal Agreement. -Although the guardian, mother of the ward, had a right to use and enjoy his property as her residence during her life, her contract as guardian, with a purchaser made privately, to let him have all the property would bring on sale by court order above a certain amount, was known to the purchaser to be illegal and void, and he cannot maintain an action against her personally thereon.--Wilson v. McKleroy. Ala., 89 So. 584.

23. Highways Negligence. Where the traveled track of a public road is to one side of the center thereof, it is not negligence as a matter of law to drive in such track, though it be upon the left side of the road to the particular driver.-Keane Butner, Minn., 184 N. W. 571.

24. Homicide - Trespasser. - Officers who went on the porch of accused's house in peaceable manner and with lawful purpose, and without intent to search his barn for intoxicating liquors without warrant. if he objected were not trespassers, and court properly refused to so charge in a homicide case. Lakey v. State, Ala., 89 So. 605.

25. Insurance Crops.-Although under C. S. $ 2355, the possession and title to all crops raised by tenant or cropper in the absence of a contrary agreement are deemed to be vested in the landlord until the rent and advancements have been paid, this does not divest the tenant of an insurable interest in the crops before division.-Batts v. Sullivan. N. C., 108 S. E. 511.

26. -"Immediate Notice.”—The policy corering the case required that, in event of accidental death, immediate notice must be given to the company. This means within a reasonable time. Almost immediately after death the soliciting agent who negotiated the policy procured it and surrendered it to the company as plaintiff claims without her authority. It was never returned to her though later de. manded. Held, this and other circumstanceg in the case excused plaintiff from giving notire of death.-Frommelt v. Travelers' Ins. Co. Minn.184 N. W. 565,

27.—-Proof of Loss.-Where insurer's adjuster, on being notified by insured that his automobile had been stolen. promised to take care of him, took charge of the matter, examined the policy and other papers, made a record of the

from answers to questions asked of insured, and promisen they would return the car or pay for it within 60 days, it waived subsequent tender of proof of lose. Doubles Insurance Co. of North America, Mich., 184 N. W. 539.

28.-Repairs.-A marine policy provision that no claim of loss shall go hevond the cost of actual repairs. considered with provision for estimating loss, held merelv limitation or claim for loss to the cost of repairs. if made, and if no repairs are made. ineuren mav re

damages found survev.-Walker Liverpont & Tondon & Globe Ins. Co.. X. Y.. 190 N. Y. S. 255.

Fish-Police Power. The state mav, under its police power. for the protection in the streams, lakes, and ponds of this state, and for the purpose

of encouraging the breeding of fur-hearing animals and other game which have access to the public waters of the state prohibit the depositing of crude nil and other deleterinus substances therein.-State v. Wheatley, Okla.. 200 Pac. 1004.

21. Gifts-Joint Bank Deposit.-A bank's transfer of a savings account, if made in conformity with an order of the depositor authorizing its change to a joint account between himself and wife, subject to withdrawal by check of either, the balance on the death of either to belong to the survivor would not be

29. Insurrection and Sedition-Martial Law. ---Martial law operating, in the

government of territory, as a substitute for the civil law, or as an addition thereto. so as to restrict the liherties of citizens and angment the powers of offirers, is an incident of military oneratione and of actual militarv ocrunation of the tersi. tos so governen: wherefore it rannnt ahtain in the absence of such operations and Onnintion.--Ex narte Lavinder, W. Va., 108 s E. 128.

30. Intoxicating Liquors Liability for Wife's Acts.-In a prosecution of a husband. his wife already having pleaded guilty to violation of liquor law in their home, the act being malum prohibitum and not malum in se, it is not necessary to prove his criminal intent, his liability. if not doing what he could to prevent her violating the law, resting. not on the presumption of his coercion of his wife. but on his authority to control the household

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affairs and reasonable mean's to

prevent
violation of law.-People Sybisloo, Mich.,
184 N. W. 410.

31.- -Sufficiency of Proof.--In a proceding
to condemn an automobile used in transport-
ing prohibited liquors, where the user's wife
claimed the car, evidence that the husband
contributed part of the cash payment, paid for
all repairs, generally used the car as his own.
claimed it as his at the time of the seizure,
and, when the seller refused to sell to claim-
ant executed the purchase-money note. held
sufficient to show that the car was his, though
claimant furnished the remainder of the pur-
chase price from money earned from boarders
and money borrowed by her:-Stutts v. State,
Ala, 89 So. 603.

32. -Validity of Ordinance.-A liquor ordi-
nance is not invalid merely because it pre-
scribes a less severe penalty than is prescribed
by the Volstead Act for similar offenses.--Ex
parte Kinney, Cal., 200 Pac. 966.

33. Landlord and Tenant--Liability for Rent.
-Where one is in the possession of real estate
without special contract, he is liable for rent
to the owner or person entitled to possession,
and such owner or person entitled to posses-
sion may enforce his claim for rent by attach-
ment as provided for by 6 3809, Rev. Laws 1910.
-McBrayer V. Miller. Okla., 200 Pac. 988.

34.---Tenancy at Will.-If a lease for "about
a month" be treated as for an indefinite period
creating a tenancy at will, it was such by im-
plication, subject to the common-law rule re-
quiring reasonable notice to terminate, and not
within Code 1907, § 4732 requiring days
notice to terminate an express tenancy at will:
hut, being in fact definite, meaning approxi-
mately a calendar month, a holding over creat-
ed tenancy at sufferance requiring no notice
for termination. so that in either event it was
error to exclude lessor's demand for possession
nreliminary to suit for detainer -Rutledge v.
White, Ala.. 89 Sn. 599.
35. Licenses-Presumed Reasonable.-A li-

ordinance, enacted within the police
power of city, is not

invalid though
a

slight mistake is made in calculating
the cost or administration, and the fee
is fixed too high if the surplus fund
after the

payment of all reasonable
charges, is not so great as to manifest a pur-
pose the part of the legislative body to
make the ordinance a revenue-producing meas-
lire.—City of Mayfield v. Carter Hardware Co.,
Ky.. 233 S. W. 789.

36. Master and Servant-Compensation Act.
-Under Workmen's Compensation Act, author-
izing the employer to enforce the liability of
a third person causing injury to an employee,
and providing that, if the damages recovered
exceed compensation paid, such excess must be
paid to the employee, the emplover's recovery
against the wrongdoer is not limited to the
amount of compensation paid.-Bethlehem Steel
Co. v. Variety Iron & Steel Co., Md., 115 Atl.
59.

37. -Hours of Service.-A railway telegraph
operator, who was paid for about 12 hours'
service out of 24-hour periods, but was in ac-
tual service only 5 or 6 hours, being released
for periods of from 1 to 2 hours from time to
time bv

the

train dispatcher, held not
duty" for a longer period than 9 hours, in
violation of Hours of Service Act March 4, 1907,
$ 2.-United States v. New York, N. H. & H.
R. Co., U. S. C. C. A., 274 Fed. 321.
38..

-Malpractice of Physician.—To render
employer liable under Compensation Act for
malpractice of physician, the injury must re-
sult from the necessary efforts to relieve from
the consequences of the original injury received
during emplovment.-Wood v. Vroman, Mich.,
184 N. W. 520.

39. -Subrogation.-Injured employe.
titled to comnensation under Workmen's Com-
pensation Art for iniuries by a third party.
cannot by agreement not to sue third party de-
prive employer, or his insurer of the right of
euhrogation to employe's right to remover dam-
ages against third person under Code Supp.
1913, 2477m 6.--Renner Model Laundry,
Cleaning & Dyeing Co., Iowa. 184 N. W. 611.

40. Municipal Corporations-Defective Side-
walks.-Where city constructed cement side-
walk with slippery surface, so that pedestrians
exercising ordinary care slipped thereon, it was
liable for the damages sustained; it being the
city's duty in the construction of the side-
walks, to make them reasonably safe for the
use of pedestrians.-Schuler v. City of Mo-
bridge, S. D'.. 184 N. W. 281.

41.- -"Motor Vehicle."-A bicycle is not
"motor vehicle," within statutes regulating
traffic.--Niedzinski v. Coryell, Mich., 184 N. W.
476.

42.- Safety Zone.-In action for injuries
to prospective street car passenger struck by
defendant's automobile truck passing within
six feet from running board of street car in
violation of city ordinance. the

question
whether the pedestrian. whose view of street
was obstructed by automobile parked along
curb where car stopped, was negligent held
for the jury:-Metcalf v. Peerless Laundry &
Dye Co., Mich., 184 N. W. 482.

43.- Unauthorized Contract.-Not liable for
electric current used under contract with cor-
poration of which officials were stockholders.
-City of Hogansville v. Planters' Bank., Ga.,
108 S. E. 480.
44.

Nuisance-Garage.—The construction of
a garage building and the operation of a ga-
rage business therein on street on which there
was heavy traffic, such as street cars, freight
cars, and trains with automobiles and trucks,
with the noise and odors incident to such traf-
fic and on which the property was more val-
uable for

business than for residential pur-
poses, will not be enjoined as nuisance.
Lansing v. Perry, Mich., 184 N. W. 473.

45. Principal and Agent-General Agent.-
Where one executes a promissory note or a bill
of exchange in his own name, with a descrip-
tive suffix, such as "general agent," attached
to his signature, and where it does not ap-
pear on the face of the instrument that he is
acting for or in behalf of any one as principal,
the instrument is presumably his individual
obligation and before any one can be held
liable thereon as principal it must affirma-
tively appear that at the time of the execution
of the instrument it was the intention of the
parties to bind a particular person as princi-
pal, and that the maker, in executing the in-
strument. had authority to act as agent for,
and to bind such person as, the principal.
Atlas Assur. Co. Limited, of London England
v. First Nat. Bank., Ga., 108 $. E. 474.

46. Sales — Misrepresentation. — A corpora-
tion, purchasing scrap iron in reliance on the
seller's representation that it was cast iron.
which on discovering the iron delivered was
chilled iron and unsuited for the purposes for
which it

was purchased, stored where it
would be protected and notified the seller it
was subject to its order is not liable for the
contract price.-rameron Compress Co V.
Tevas Bag Corporation. Tex., 233 S. W. 781.

47. Searches and Seizures Owner's Consent.
--That search warrant was not properly issued
is immaterial if owner of searched house con-
sented

tha search.-Bruner v. Common-
Tealth. Kv., 233 S. W. 795,

48. States--Public Welfare.-The object of
Laws 1920. c. 872, $ 5 providing for issuance
of bonds hy state for a bonus to persons who
served in the military or naval service of the
Tnited States jo nublic and for the public wel-
fare: bonus being an incitement to patriot-
ism and an encouragement to defend the roun-

in Putrire conflirts -Peonle v. Westchester
County Vnt. Bank, N. Y., 132 N. E. 241.

49. Street Railroads--Collision. - Where a
driver, whose wagon was struck when he at-
tempted to cross ahead of a street car at a
street intersection. saw the approach of the
car when it was 80 feet away, the motorman
was not required to give a signal of the ap-
nroach of his car.-Mayer v. Louisville Ry. Co.,
Ky. 233 S. W. 785.

Stipulations Jurisdiction. Supreme
Court had no jurisdiction to consider authority

on

"on

en-

50.

56.-Rates.-Despite the Home Rule Act,
the city of New York has no right to bring
action against a water supply company, whose
water it does not use, to restrain it from put-
ting into effect an increase of rates; the inter-
est referred to in the Home Rule Act being
no such interest as is contemplated by Code
Civ. Proc. $ 452. City of New York v. Citizen's
Water Supply Co., N. Y., 189 N. Y. S. 929.
57. Willy-"Children."--The

word

children
in a will, does not include grandchildren, and
the

word "grandchildren" does not include
great-grandchildren, unless the will discloses
a contrary intention.-Davidson v. Blackwell,
Ga., 108 S. E. 469.

58.-Intent.-Where a will states testator's
"desire" to leave all moneys and property to his
wife, it is sufficient.--In re Golicki's will, N.
Y., 190 N. N. S. 266.

and jurisdiction of Public Service Commission
to make an order concerning rates of a gas and
electric company, from which certiorari would
lie, under Code Civ. Proc. $ 1279, relating to
submission of controversies, notwithstanding
stipulations of the parties.-City of Rochester
v. Rochester Gas & E. Corp., N. Y., 190 N. Y.
S. 229.

51. Taxation-Alien Poll Tax Law.-The
Alien Poll Tax Law of 1921, imposing a poll
tax on alien inhabitants without requiring such
tax to be paid by similarly situated citizens of
the United States, held violative of Const. U.
S. Amend. 14, § 1.-Ex Parte Kotta, Cal., 200
Pac. 957.

52.--Foreign Corporation.—New York Tax
Law $$ 208 and 2191 providing that a foreign
corporation for the privilege of doing business
in the state shall pay a tax of 3 per cent on
its local income, to be determined by a consid-
eration of the relative value of its entire prop-
erty and accounts receivable and of its prop-
erty and accounts receivable in the state, but
which authorizes the corporation to preseni,
and the assessing commission to consider, other
relevant facts, held to provide a rule of allo-
cation prima facie valid, and not unconstitu-
tional as taking property without due pro-
cess.—Gorham Mfg. Co. v. Travis, U. S. D. C.,
274 Fed. 975.

53. Vendor and Purchaser-Vendor's Lien.-
Although defendant, purchasing at mortgage
foreclosure sale, had notice of complainants'
vendor's lien subordinate to the mortgage,
there was no privity of contract between de-
fendant and complainants, and defendant, oc-
cupying the status of prior mortgagee in pos-
session after default with mortgagor's consent,
was not accountable to compiainants for rents
and profits; the subject of the mortgage being
the property of the mortgagee rather than of
complainants.---Sollie v. Outlaw, Ala., 89 So.
561.

54. War---Seditious Utterances—The indict-
for aiding and abetting in an attempt to cause
insubordination, disloyalty, and refusal of duty
in the military forces of the nations when it
was at war, the conduct of the principal being
set out, need not allege the means employed by
the abettor or the particulars of his incite-
ment, aid, or assistance, but it is enough to
charge, in general terms, that he knowingly
aided and abetted the principal and induced
and procured him to commit the principal of-
fense.Matthey v. United States, U. S. C. C. A.,
274 Fed. 926.

55. Waters and Water Courses-Boundary.--
Where the patent referred to the official survey
which showed a meander line as the shore of tne
lake, but it appeared that the lake shore varied
from the calls for the line so that the fraction-
al subdivisions conveyed by the patent, if ex-
tended to the lake shore, exceeded by 50 per
cent and 20 per cent respectively, the acreage
stated, and the intervening land was inter-
sected with ravines sometimes filled with wa-
ter, and was of little value until oil was dis-
covered thereon, the shore of the lake, and
not the meander line, was the boundary of the
tract conveyed by the patent. Greene
United States, U. S. C. C. A., 274 Fed. 145.

59.- -Joint Will.-Survivor of joint testators
by accepting benefits under the will was bound
by its disposition of their community estate,
and could not convey or otherwise dispose of
any thereof contrary to provisions of the will,
Heller v. Heller, Tex., 233 S. W. 870.

60.-Remainder.- Where testator gave his
wife and surviving children equal shares of his
estate in remaining after remarriage or death
of the wife, with direction that daughters'
shares be held in trust during their lives, and
after their death paid over to their children,
who are heirs at law, with no provision for
the case of a daughter dying childless, where
a daughter dies without children, the prior and
absolute gift to such daughter in case she
survives the remarriage or death of the wife
will take effect, and the corpus of her share
will pass to her heirs, executors, administra-
tors, and assigns, and therefore she has the
right to alien or assign such share.—Perin v.
Perin, Md., 115 Atl. 51.

61.- -Undue Influence.-A will leaving only
$100 to wife was not of itself sufficient evi-
dence of undue influence.--In re Wall's Estate,
Cal., 200 Pac. 929.

62. Witnesses-Reference to Books.-In ac-
tion for price of barrels, witness who had copied
into a book the number of barrels delivered to
customers, with names of customers to whom
delivered, from entry of the number of barrels
delivered and customer to whom delivered,
made by an employe on a calendar sheet which

had been lost at time of trial, was properly
i permitted to testify as to the entries she found

on such calendar sheets after refreshing her
memory by reference to the copy made.-Cor-
bin v. Staton, Md., 115 Atl. 23.

63. Work and Labor-Implied Contract.-In
an action on implied contract to recover from
defendant for constructing curbing in front of
her lots, as ordered by the village authorities,
the fact that after the work was done, and
while measurements and frontages were being
taken by the village clerk, he requested de-
fendant to exhibit her deed, which she did after
stipulating it was without prejudice to herself,
constituted no acquiescence on her part, and
did not bind her.-Peters v. Adams, N. Y., 190
N. Y. S. 220.

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TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING
ARTICLES, ANNOTATED CASES, LEGAL NEWS, CORRE-

SPONDENCE AND BOOK REVIEWS IN VOL. 93.

A separate subject-index for the “Digest of Current Opinions" will be found on page 457,
following this Index-Digest.

ACCIDENT INSURANCE,

when death intentionally caused by another

is accidental, 3.

ADOPTION,

inheritance by and through adopted chil-

dren, 3.

ARBITRATION,

validity of arbitration agreements, 263.
does arbitration oust the courts of jurisdic-

tion, 273?
the, arbitration of railroad labor disputes,

345.

BAR ASSOCIATIONS,

how the English chased the ambulance

chaser, 165.
how the Chicago Bar Association walloped

the spoilsmen-is this enough, 312?
bar association meetings—when and where

to be held, 285, 340, 392.
program of the meeting of the American Bar

Association, 31.
supplementary announcement of the Amer-

ican Bar Association, 51.
program of the meeting of the South Dakota

Bar Association, 70.
program of meeting of the Kangas Bar Asso-

ciation, 340, 357.
program of the meeting of the Oklahoma

Bar Association, 430.
program of the meeting of the Vermont Bar

Association, 430.
report of the 1921 meeting of the American

Bar Association, 206.
report of the meeting of the Iowa Bar Asso-

ciation, 86.
report of the meeting of the North Carolina

Bar Association, 105.
the recent meeting of the Wisconsin Bar

Association, 141.
report of the meeting of the North Dakota

Bar Association, 195.

ARREST.

is a governor privileged by his office from

arrest and prosecution in crime, 111?
a governor cannot be lawfully arrested or

put upon trial while in office, 149.

ARSON,

is it arson to burn another's house at the

owner's request, 364?

ATTORNEY AND CLIENT,

how the English chased the ambulance

chaser, 165.
lack of fidelity to client as ground for dis-

barment, 292.
the proper procedure under equity rule 29

to test authority of attorney to represent
client, 446.

AUCTIONS,

right of auctioneer to change terms of sale,

220.

BASTARDS,

right of mother of illegitimate child to sue
for child's injury where statutes give mu-

tual rights of inheritance, 329.
BILLS AND NOTES,

a uniform negotiable instruments law of the

world, 363.
BOOKS RECEIVED,

286.

AUTOMOBILES,

negligence of driver as imputable to guest

or passenger, 246.
power of municipal corporation to require

indemnity bond from operator of automo-

bile for hire. 373.
automobile collision insurance, 381.
validity and construction of statute requir-

ing, motorist striking a person to render
assistance, 444.

BANKRUPTCY,

a trustee in bankruptcy who turned a bank-

rupt business into a solvent going con-

cern, 16.
right of president of corporation to admit

bankruptcy, 418.

BOOK REVIEWS.

reviews of encyclopedias,

Corpus Juris, volume 24, 106.
reviews miscellaneous,
Carnegie Bulletin on "Training for the

Public Profession of the Law, 212.
reviews of text books,

Bogert on Trusts, 52.
Sears' Trust Estates. second edition, 87.
Hughes' Primer of Principles, 87.
Reed & Washburn's Blue Sky Laws, 124.
Berry on Automobiles, third edition, 158.
Clark on Equity (Missouri Edition), 213.

McMath's Speculation in Gambling, 231.
CARRIERS OF GOODS,

BANKS AND BANKING,

carrier's liability for goods under the forty-

eight-hour clause of bill of lading act

where car is entered by consignee, 95.
CHARITIES,

when a subscription to a charitable enter-

prise is enforceable, 147.

liability of stockholders, 83.
liability of bank for wrongdoing of deposi-
tor's agent where pass-book balance is

checked by said agent 148.
shares transferred in security to banks,

practice as to re-transfer, 422.

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