agent" held one on contract, and not for tort. Starin v. Fonda, 95 N. Y. Supp. 379.

3. ANIMALS-Unfenced Highways.-The owner of cattle escaping, without negligence of his, while being driven along an unfenced highway over adjoining land to land of another, no fence being between the lands of the different owners, held not liable for damages.Wood v. Suider, 95 N. Y. Supp. 508.

4. APPEAL AND ERROR-Certifying Judgment.-Where a circuit court affirms a judgment of the probate court, that it does not certify the judgment to the probate court is not ground for its reversal. Watson v. Pollitzer, S. Car., 51 S. E. Rep. 914.

5. APPEAL AND ERROR-Dedication Deed,-The legal effect of a deed dedicating to the public streets and alleys on land platted as a town site and of a deed granting a railroad a right of way over a street held a question of law for the court.-Oklahoma City & T. R. Co. v. Dunham, Tex., 88 S. W. Rep. 849.

6. APPEAL AND ERROR-Nominal Damages.-The rule that a case will not be reversed to allow the recovery of nominal damages applies only to cases arising er contractu.-Von Schroeder v. Spreckels, Cal., 81 Pac. Rep.

9. APPEAL AND ERROR-Nonsuit.-Where a question for the jury is presented, a nonsuit is technically erroneous, although the court would be justified in setting aside a verdict for the plaintiff.-Yates v. New York Cent. & H. R. R. Co., 95 N. Y. Supp. 497.

10. APPEAL AND ERROR-Supersedeas Bond. - Appeal from a judgment confirming a special assessment cannot operate as a stay, in the absence of an order fixing the amount of the supersedeas bond.-Ahrens v. City of Seattle, Wash., 81 Pac. Rep. 55%.

An

11. ARBITRATION AND AWARD-Fire Insurance. arbitration cannot, after it is properly submitted, be defeated by the withdrawal of one of the appraisers during the investigation.-Niagara Fire Ins. Co. v. Boon, Ark., 88 S. W. Rep. 915.

12. ASSAULT AND BATTERY-Carrier Ejecting Passenger.-A declaration in trespass vi et armis justifies proof of the commission of an assault by a railway conductor while preventing a person from boarding a train.Lindsay v. Wabash Ry. Co., Mich., 104 N. W. Rep. 656.

13. ASSIGNMENTS-Depositor's Right of Action to Recover Deposit.-The right of action of depositor in a private bank to sue on the personal obligation of the banker to repay the deposit on demand is assignable.Johnson v. Shuey, Wash., 82 Pac. Rep. 123.

14. ASSIGNMENTS-Interest Acquired.-Assignment by vendor of an executory contract for the sale of realty to secure debt vests in assignee a lien on the vendor's interest to the extent of the debt, not exceeding the unpaid price.-Lamm v. Armstrong, Minn., 104 N. W. Rep. 304.

15. ASSIGNMENTS-Notice to Debtor.-Notice to debtor of assignment held not necessary to the validity of the assignment as between assignor and assignee. -Virginia-Carolina Chemical Co. v. McNair & Pearsall, N. Car., 51 S. E. Rep. 949.

16. ATTACHMENT-Motion to Vacate.-Where attachment is vacated upon the merits, the general rule of practice, requiring specification of the irregularity re

lied upon, does not apply to the motion to vacate.-Norden v. Duke, 94 N. Y. Supp. $78.

-Un

17. BANKRUPTCY-Jurisdiction of State Courts. der Bankr. Act, § 67, subd. "e," a state court held to have jurisdiction of an action to set aside a chattel mortgage given by a bankrupt, though the property had been sold in the bankruptcy proceedings, and the proceeds deposited to await the further action of the federal court.-Vollkommer v. Frank, 95 N. Y. Supp. 324.

18. BENEFIT SOCIETIES-Effect of Change in By-Laws on Beneficiary.-Beneficiaries named in certificate of mutual benefit association cannot be deprived of beuefits by subsequent amendments to by-laws.-Evans v Southern Tier Masonic Relief Assn., N. Y., 75 N. E. Rep 317.

19. BENEFIT SOCIETIES-Equity Jurisdiction.-A court of equity held justified in retaining jurisdiction of a suit for relief for which there was an adequate remedy at law.-Hoagland v. Supreme Council, Royal Arcanum, N. J.,61 Atl. Rep. 982.

20. BILLS AND NOTES-Forged Indorsement.-Where an indorsement on a genuine check is forged, and check is paid by a bank not the drawee, which collects it in turn from the drawee bank, the latter indorser guaranties the genuineness of the prior indorsement.-Wellington Nat. Bank v. Robbins, Kan., 81 Pac. Rep. 487.

21. CARRIERS-Care of Baggage.-A carrier, after arrival of trunks at their destination, could not leave them for three days on a station platform exposed to the weather.-Charlotte Trouser Co. v. Seaboard Air Line Ry., N. Car., 51 S. E. Rep. 973.

22. CARRIERS-Carrying Passenger Beyond Station.Passenger carried beyond station held not entitled to recover punitive damages.-Trapp v. Southern Ry., S. Car., 51 S. E. Rep. 919.

23. CARRIERS-Discovered Peril.- Trespasser on the tracks of a street railroad company held guilty of negligence precluding a recovery except under the doctrine of discovered peril.-Williams v. Metropolitan St. Ry. Co., Mo., 89 S. W. Rep. 59.

24. COLLISION - Negligence of Tug. A towing tug which cast a barge adrift in the Hudson river in a fog without motive or signalling power, held solely in fault for a collision between such barge and a steamship passing down the river.-The Etruria, U. S. D. C., S. D. N. Y., 139 Fed. Rep. 925.

25. CONSTITUTIONAL LAW-Board of School Examiners -Under Buffalo City Charter, Laws 1891, pp. 210, 211, ch 105, §§ 334, 337, a Jewish applicant for position as public school teacher held not denied the equal protection of the law, or discriminated against because of race, by refusal of board of school examiners to grant her special examination on a day other than Saturday.-Cohn v. Townsend, 94 N. Y. Supp. 817.

26. CONSTITUTIONAL LAW- Legislation Affecting Internal Management of Corporation. — Legislative acts regulating the internal management of a corporation so far as it has reference to the public and concerns the policy of the state are within the reserved power to alter and repeal the charter granted to a corporation.-Hinckley v. Schwarzschild & Sulzberger Co., 95 N. Y. Supp. 357 27. CONSTITUTIONAL LAW-Legislative Restriction on Court's Power.-The legislature has no power to restrict the jurisdiction of superior courts to punish for contempt as it existed at common law.-Ex parte McCown, N. Car., 51 S. E. Rep. 957.

28. CONSTITUTIONAL LAW-Right to Act as Executor.Laws 1897, p. 1, amending section 18 of the Acts 1872 (4 Starr & C. Ann. St. Supp. 1902, p. 32), providing that no nonresident shall be appointed executrix is not depriv ing a person of property without due process of law.In re Mulford, Ill., 75 N. E. Rep. 345.

29. CONSTITUTIONAL LAW-Statute Prohibiting Marriage of an Epileptic.-Pub. Acts 1995, p. 667, ch. 325, prohibite ng marriage by an epileptic, held not to contravene Const. art. 1, § 1, guarantying equal rights.-Gould v Gould, Conn., 61 Atl. Rep. 604.

30. CONSTITUTIONAL LAW- Taxation of Mortgages.Laws 1905, p. 2059, ch. 729, providing for taxation of mortgages, held not to deny equal protection of law, in violation of Const. U. S. Amend. 14.-People v. Ronner, 95 N. Y. Supp. 518.

31. CONTEMPT-Jurisdiction.- Circuit judge held entitled to issue a rule to show cause in contempt proceedings against party residing in another county, the rule to be returnable therein.-State v. Cape Fear Lumber Co., S. Car., 51 S. E. Rep. 873.

32. CONTRACTS-Consideration. Where an absolute bequest of the income of an estate was made to the widow, an assignment of a portion of the income to the son to induce him to perform his duty as an executor held without consideration.-Slater v. Slater, 94 N. Y. Supp. 900.

33. CONTRACTS-Provision as to Time for Bringing Action.-Parties to a contract may stipulate that an action for its breach may be brought within a certain period, and, if the prescribed limitation is reasonable, it will be upheld.-Ausplund v. Etna Indemnity Co., Oreg., 81 Pac. Rep. 577.

34. CORPORATIONS-Compliance with Laws of Foreign State.-A foreign corporation, which has not, at the commencement of an action by it, complied with the corporation laws of the state, may subsequently comply therewith and maintain the action.-Ryan Live Stock & Feeding Co. v. Kelly, Kan., 81 Pac. Rep. 470.

35. CORPORATIONS-Election of Directors.-Equity will determine the legality of an election of directors of a corporation only where the question arises incidentally in a suit of which the court has jurisdiction. - Crow v. Florence Ice & Coal Co., Ala., 39 So. Rep. 401.

36. CORPORATIONS - Personal Liability of Officers.Officer of corporation held personally liable for loss occasioned to creditor by his act in transferring to the creditor worthless corporate securities for money used by the officer for his private purposes. Donovan v. Purtell, Ill., 75 N. E. Rep. 334.

37. CORPORATIONS-Promoter's Right to Fees.-Claim for services and disbursements as trustee of corporation held not necessarily inconsistent with claim for participation in promotion fees.-Boice v. Jones, 94 N. Y. Supp. 896.

38. CORPORATIONS-Rights of Surety.-A corporation surety may permit its principal to make default and insist upon its strict legal rights in the same manner as a private surety.-Ausplund v. Etna Indemnity Co., Oreg., 81 Pac. Rep. 577.

39. CRIMINAL EVIDENCE - Exclusion of Witnesses.Whether or not a particular witness shall remain in the court room pending the trial of a criminal cause rests in the sound discretion of the trial court. — State v. Mann, Wash., 81 Pac. Rep. 561.

40. CRIMINAL LAW-Confession.-In a prosecution for rape, evidence of inculpatory and exculpatory statements, made by defendants while handcuffed in the custody of sheriff, held admissible. Dunmore v. State, Miss., 39 So. Rep. 69.

41. CRIMINAL EVIDENCE-Photographs.-Photographs of the body of dete lant's victim heid admissible to show the character and location of the wounds. -- State v. Powell, Dela.. Vil. Rep. 966.

42. CRIMINAL TRIAL-Circumstantial Evidence.-While the corpus delict: must be proved beyond all reasonable doubt, yet it may be established by circumstantial, as well as direct, evidence.-State v. Wescott, Iowa, 104 N. W. Rep. 341.

43. CRIMINAL TRIAL Cumulative Instructions.Courts are not bound to give instructions which, if correct, are merely cumulative. - Miera v. Territory, N. M., 81 Pac. Rep. 586.

44. CRIMINAL TRIAL-Failure to State Case to Jury.An objection, made after both sides had rested, that the county attorney should have stated the case to the jury

48. DAMAGES-Nuisance. The measure of damages for injury to real estate occasioned by a nuisance is the difference between the rental value of the property prior to and after the erection of the nuisance. - Gerow v. Village of Liberty, 94 N. Y. Supp. 949.

49. DEEDS Action for Cancellation.-In a suit to set aside a deed for fraud, certain testimony as to the purchase of a mortgage on the land by defendant held irrel. evant.-Hodge v. Hudson, N. Car., 51 S. E. Rep. 954.

50. DEATH-Use of Mortality Tables. - Mortality tables prepared for life insurance purposes afford little aid in determining the duration of life in actions to recover damages for wrongful death, and especially where the deceased was a colored person.-The Saginaw, U. S. D. C., S. D. N. Y., 139 Fed. Rep. 906.

51. DIVORCE-Burden of Proof as to Good Faith.Where the issue of plaintiff's good faith is directly raised by the defendant's proof in a divorce case, the burden of meeting the issue is on the plaintiff. Percival v. Percival, 94 N. Y. Supp. 909.

52. EVIDENCE- Ancient Documents. Documents showing probate of will in proceedings had during Spanish control of Florida, and judicial sale of testator's land, coming from official custody of surveyor general of the United States, are admissible in evidence as ancient documents.-McGuire v. Blount, U. S. S. C., 26 Sup. Ct. Rep. 1.

53. EVIDENCE-Bills and Notes. In an action on a note by the payee against the maker, question asked plaintiff as to whether his agreement with defendant was different from the usual agreement in similar cases was properly excluded.-Burns v. Goddard, S. Car., 51 S. E. Rep. 915.

54. ESTOPPEL-By Contract.-Where, when one contracted to sell premises by a conveyance containing covenants against incumbrances, he was the owner of an adjacent building, he was estopped from asserting an easement in favor of such building. - Empire Realty Corp. v. Sayre, 95 N. Y. Supp. 371.

55. EQUITY-Absence of Necessary Parties.-The court cannot properly adjudicate the matters involved in the suit when it appears that necessary and indispensable parties to the proceedings are not before the court.Florida Land Rock Phosphate Co. v. Anderson, Fla.,. So. Rep. 392.

56. EQUITY-Clean Hands.-Wrong doing which wil defeat a recovery on the ground that a litigant does not come into equity with clean hands must be in regard to the matter in litigation.-Pitzele v. Cohn, Ill., 75 N. E. Rep. 392.

57. ESTOPPEL-Validity of Commercial Paper.-Where a bank to which nonnegotiable paper is presented for discount makes inquiries of the maker, who replied so as to induce the bank to discount the paper, he cannot afterwards deny liability, though the bank gave no notice of its action in discounting the paper.-Strang v. MacArthur Bros. Co., Pa., 61 Atl Rep. 1015.

58. EXECUTION-Claim by Third Person.-Where chattels are levied on under an execution against one other than the owner, it is not necessary for him to give any notice of ownership to the execution plaintiff.-Mitchell v. McLeod, Iowa, 104 N. W. Rep. 249.

59. EXECUTORS AND ADMINISTRATORS-Advancements by Administrators.-An administrator without funds belonging to the estate held not bound to advance money to the estate, or buy claims against it and discharge them. -Smith v. Goethe, Cal., 82 Pac. Rep. 384.

60. EXECUTORS AND ADMINISTRATORS -Sale of Land.The rights of a purchaser at a sale made by an executor after a caveat to the will had been filed is not affected where no order was made suspending further proceed. ings.-Carraway v. Lassiter, N. Car., 51 S. E. Rep. 968.

61. FIRE INSURANCE-Appraisal and Award.-An award made pursuant to the terms of a fire policy should not be vacated unless it clearly appears to have been made without authority, or to be the result of fraud or mistake or of the misfeasance or malfeasance of the appraisers. -Niagara Fire Ins. Co. v. Boon, Ark., 88 S. W. Rep. 915. 62. FIRE INSURANCE-Construction of Policy.-A clause in an insurance policy which is ambiguously worded, or the interpretation of which is in doubt, should be con strued in favor of the insured.-Bray & Franklin v. Virginia Fire & Marine Ins. Co, N. Car., 51 (S. E. Rep. 922 63. FRAUD-Incorrect Estimate as to Value.-An executor is not liable for making an alleged false statement to one of the beneficiaries as to the value of his share in the estate; the error having arisen from a failure to foresee an advance in the value of real estate.In re Cunningham's Estate, Pa., 61 Atl. Rep. 993.

64. FRAUDS, STATUTE OF-Promise to Pay Another's Debt.-A mere oral agreement by a married woman that she would see that certain lumber purchased by her husband was paid for held within the statute of frauds.Reelman v. Grosfend, Mich., 104 N. W. Rep. 331.

65. GUARDIAN AND WARD-Laches in Bringing Action on Guardian Bond.-A defense of laches, in action on guardians' bond, must be pleaded and proved to be available, where nothing appears on the face of the complaint to show that defendants had been injured by plaintiff's delay.-Cook v. Ceas, Cal., 82 Pac. Rep. 370.

66. HIGHWAYS-Prescription.-Maintenance of a fence across a traveled road by the owner of the land held a sufficient assertion of his rights to prevent its becoming a public highway by prescription.-State v. Cipra, Kan., 81 Pac. Rep. 488.

67. HOMESTEAD Proceedings Reviewable. - On application for habeas corpus, the chancellor cannot conider the regularity of the proceedings had and order made in the circuit court in a trial of petitioner on an indictment.-Towery v. State, Ala., 39 So. Rep. 310.

69. HOMICIDE-Evidence as to Removal of Stomach in Poison Case.-On a trial for homicide by poison, a physician held competent to testify that a portion of deced ent's stomach was sent to a chemist.-Nordan v. State Ala., 39 So. Rep. 406.

69. HOMICIDE-Intent.- Where defendant killed de ceased deliberately, intending to do so, the length of time such intention existed was immaterial to make the offense murder.-State v. Powell, Del., 61 Atl. Rep. 966. 70. HOMICIDE- Justification. Mere words, however abusive, will not reduce what otherwise would have been murder to manslaughter.-State v. Buffington, Kan., 81 Pac. Rep. 465.

71. HUSBAND AND WIFE-Alienation of Affections.-A wife is entitled to maintain an action for damages in he own name for the alienation of the affection of her husband, resulting in loss of conjugal society and affection -Noxon v. Remington, Conn., 61 Atl. Rep. 963.

72. HUSBAND AND WIFE-Purchase of Tax Title by Wife. A married woman is not prohibited from purchasing tax titles on property which her husband holds under a lease.-Kampfer v. East Side Syndicate, Minn., 104 N. W. Rep. 290.

73. INDEMNITY-Unreasonable Limitation as to Time for Bringing Action.-Six months' limitation period prescribed for suit on indemnity undertaking held unreasonable and inoperative.-Ausplund v. Etna Indemnity Co., Oreg., 81 Pac. Rep. 577.

74. INDICTMENT AND INFORMATION Intoxicating Liquors.-A charge of maintaining a liquor nuisance held defective, and an amendment one of substance, which could not be made after defendant had pleaded and the jury had been impaneled.-State v. Bundy, Kan., 81 Pac. Rep. 459.

75. INFANTS-Appointment of Guardian Ad Litem.An error of the clerk in appointing a guardian ad litem before issuance of summons is cured by the subsequent Issue of summons, appearance, and answer.-Carraway v. Lassiter, N. Car., 51 S. E. Rep. 968.

76. JOINT ADVENTURE- - Necessary Parties.-Persons under contract with certain promoters of corporation for shares in their profits held not necessary party in action between promoters for accounting as to property received as promotion fees.-Boice v. Jones, 94 N. Y. Supp. 896.

77. JUDGMENT Courts of General Jurisdiction. Courts, in the exercise of the general jurisdiction which they possess over their judgments and suitors, may proceed on motion to offset judgments rendered therein.Coonan v. Loewenthal, Cal., 81 Pac. Rep. 527.

78. JUDGMENT-Probate Proceedings.-A judgment adverse to an alleged widow's application for homestead, determining that she was not decedent's widow at the time of his death, held res judicata of such issue in subsequent proceedings for distribution of the estate.-In re Harrington's Estate, Cal., 81 Pac. Rep. 546.

79. JUDGMENT-Vacation.-Where a judgment is open generally, and without conditions, the record of the judgment is not competent evidence in determining its validity.-Long v. Morningstar, Pa., 61 Atl. Rep. 1007.

80. JURY-Discretion of Court in Excusing Juror.The trial court did not abuse its discretion in excusing a juror from serving in order to enable him to save his property from destruction.-Nordan v. State, Ala., 39 So. Rep. 406.

81. JURY-Right to Jury Trial in Bankruptcy Proceedings. An action by a bankrupt's trustee, to set aside a chattel mortgage given by the bankrupt within four months of the filing of his bankruptcy petition, held an action in equity, in which the defendants were not entitled to a jury trial.-Volkommer v. Frank, 95 N. Y. Supp. 324.

82. LANDLORD AND TENANT-Damages for Failure to Heat Premises.-Loss sustained by tenant from idleness because he could not work in the leased premises for lack of sufficient heat held not the natural or probable result of the landlord's default.-Ireland v. Gauley, 95 N. Y. Supp. 521.

83. LANDLORD AND TENANT-Mortgage of Crops. -A tenant, cultivating a (farm under a contract by which he is entitled to oue-half the crops, may, before a divis ion, mortgage his interest therein.-Denison v. Sawyer, Minn., 104 N. W. Rep. 305.

84. LIBEL AND SLANDER-Justification.-In an action by a public official for libel, defendant may show good faith and reasonable cause to believe the charges true.Ferber v. Gazette & Bulletin Pub. Assn., Pa., 61 Atl. Rep. 939.

85. MASTER AND SERVANT-Assumed Risk.-In an action for injuries to a servant in a rock quarry by the sliding of a rock on the slope above him, plaintiff held to have assumed the risk.-Thompson v. California Const. Co., Cal., 82 Pac. Rep. 367.

86. MASTER AND SERVANT-Defects in Tools.-Master is not liable for injuries to a servant from appliances not recognized in their nature as dangerous.-Lynn v. Glucose Sugar Refining Co., Iowa, 104 N. W. Rep. 577.

87. MASTER AND SERVANT - Promise to Repair Defective Appliance. - Where a servant had received a promise of repair, it was not necessary for him to prove want of notice of the defect in order to recover for injuries sustained thereby.-Odin Coal Co. v. Tadlock, Ill., 75 N. E. Rep. 332.

88. MINES AND MINERALS-Title to Ore.-Title to every

91. MORTGAGES Declarations of Alleged Owner of Debt.-Where the debt claimed to be secured by a mortgage was not shown or proven, a declaration of a stranger that he owed the debt was incompetent as evidence.-Hodge v. Hudson, N. Car., 51 S. E. Rep. 954.

92. MORTGAGES-Deed Absolute.-A deed absolute on its face may be 'shown by parol to be a mortgage to secure future advances and the performance of a contract. -Stitt v. Rat Portage Lumber Co., Minn., 104 N. W. Rep.

561.

93. MORTGAGES Enforcement. - Mortgage held not enforceable in equity, when the sole purpose of its enforcement was to cut off rights acquired by vendee in contract for the sale of the land on breach thereof by beneficial owner.-Weis v. Levy, 94 N. Y. Supp. 857.

94. MORTGAGES-Sufficiency of Assignment.-The transfer and delivery of a partnership note by one of the partners to himself as financial agent of a creditor of the partnership is effective to invest the assignee of the note with the title to the mortgage given to secure the note.Miller v. Berry, S. Dak., 104 N. W. Rep. 311.

95. MUNICIPAL CORPORATIONS-Arbitrary Assessment for Local Improvement.-Arbitrary plan of assessing benefits to portion of lots not taken for the widening of a street held to require reversal of the assessment.-Berdel v. City of Chicago, Ill., 75 N. E. Rep. 386.

96. MUNICIPAL CORPORATIONS-Assessment for Local Improvements.-Where a new assessment is made, the question whether the original confirmation proceeding is still pending is one of fact, to be shown by the evidence.-Cratty v. City of Chicago, Ill., 75 N. E. Rep. 343. 97. MUNICIPAL CORPORATIONS-Defective Sidewalks.A pedestrian may assume that a city keeps its streets in a safe condition for use both by day and by night.Gillard v. City of Chester, Pa., 61 Atl. Rep. 929.

98. MUNICIPAL CORPORATIONS-Defective Sidewalks.A pedestrian who uses a defective sidewalk with knowledge of its defective condition, although he might have gone by another route, is not guilty of negligence per se. -City of Mattoon v. Faller. Ill., 75 N. E. Rep. 387.

99. MUNICIPAL CORPORATIONS-Defective Sidewalks.That plaintiff slipped on an approach from a street to a sidewalk held insufficient to warrant the jury in finding that the approach was negligently constructed.-Lush v. Incorporated Town of Parkersburgh, Iowa, 104 N. W. Rep. 336.

100. MUNICIPAL CORPORATIONS-Defective Sidewalks. -The reasonable care cities are bound to exercise in the inspection and maintenance of sidewalks relates so to their form as affecting the peril to which it exposes its pedestrians.-Sumuer v. City of Northfield, Minn., 104 N. W. Rep. 686.

101. MUNICIPAL CORPORATIONS-Negligence of Independent Contractor.-A city held not liable as for negli gence to contractors constructing a trench as part of the city's water supply system, for damages caused by the accumulation of surface water in an excavation made under an independent contract as a necessary part of such system.-Kelly v. City of New York, 94 N. Y. Supp. 872.

102. MUNICIPAL CORPORATIONS-Damages for Obstruction of Street.-A city negligently obstructing a street leading to a manufacturing plaut held liable, if at all, to

the increase in the cost of cartage charges in bringing to the plant the raw material and shipping the finished product.-Schleicher ¡v. City of Mt. Vernon, 95 N. Y. Supp. 326.

103. MUNICIPAL CORPORATIONS-Street Improvement. -A mere trespasser on land dedicated as a street cannot complain of the action of the city in improving the street, on the ground that a part thereof is not within the city limits.-Backman v. City of Oskaloosa, Iowa, 104 N. W. Rep. 347.

Town Bonds.

104. MUNICIPAL CORPORATIONS Whether plaintiff's denial of receiving a letter as to certain bonds sued on overcame the presumption arising from the mailing of the letter held for the jury-Schmid v. Village of Frankfort, Mich., 104 N. W. Rep. 668.

105. NEGLIGENCE-Care Required on Discovering Danger. The law does not demand that one in a place of danger shall exercise the highest degree of self-possession, coolness, and skill, but only such as an ordinarily prudent and careful person would exercise in like situation and under like circumstances.-South Chicago City Ry. Co. v. Kinnare, Ill., 75 N. E. Rep. 179.

106. NEGLIGENCE-Willfulness.-An inadvertant failure to observe due care indicates mere negligence, but a conscious failure to observe due care constitutes willfulness. Tinsley v. Western Union Telegraph Co., S. Car, 51 S. E. Rep. 913.

107. NUISANCE What Constitutes. The mere increased use of a right of way granted a railroad over a street over what may have originally been contemplated, resulting from the erection of a depot on land adjoining the street, held not to constitute a nuisance.-Oklaho ma City & T. R. Co. v. Dunham, Tex., 88 S. W. Rep. 849. 108. PARTIES-Amendment.-In a suit to restrain pay ment of a judgment to the judgment crediior, complain. ant held properly permitted to amend so as to make assignees of the judgment parties to the controversy.-T. L. Murphy & Co. v. American Soda Fountain Co., Miss., 39 So. Rep. 100.

109. PARTITION-Confirmation of Sale.-It is not necessary that confirmation of the sale of land on partition shall appear of record by a formal order to sustain the validity of the sale, where it can be gathered from the whole record. -Cowling v. Nelson, Ark., 88 S. W. Rep. 913.

110. PARTNERSHIP-Assignment of Partnership Note.The title to a note and mortgage owned by a partnership, though executed in favor of one of the partners, may be transferred on the indorsement of another of the partners.-Miller v. Berry, S. Dak., 104 N. W. Rep. 311.

111. PAYMENT-Acceptance of Draft.-Acceptance of a draft by a creditor from a debtor does not merge the debt or operate as a payment.-Virginia-Carolina Chemical Co. v. McNair & Pearsall, N. Car., 51 S. E. Rep. 949.

112. PAYMENT-Legacies.-To create a liability on the part of the legatee over to a remainderman, there must be proof that the legatee received the legacy. - Outlaw v. Garner, N. Car., 51 S. E. Rep. 925.

113. PLEADING-Improper Joinder.-Where a petition improperly joins two different causes of action in the same count, the remedy is by motion to elect.-McHugh v. St. Louis Transit Co., Mo., 88 S. W. Rep. 853.

114. PRINCIPAL AND AGENT-Notice to Agent.-Notice to an agent is not notice to his principal, where the party seeking to benefit by the notice conspires with the agent to conceal the facts from the principal, and de. fraud him.-Cowan v. Curran, Ill., 75 N. E. Rep. 322.

115. PRINCIPAL AND SURETY-Liability on Contractor's Bond.-A building contractor's surety held liable for the reasonable value of plaintiff's services in supervising the completion of the work after the contractor abandoned the same.-Donlan v. American Bonding & Trust Co., N. Car., 51 S. E. Rep. 924.

lated to frighten horses.-Foster v. East Jordan Lumber Co., Mich., 104 N. W. Rep. 617.

117. RECEIVERS Leases of Terminal Facilities. - A lease by a station company to a railway company for terminal facilities construed, and held that a ferry slip was to be for common use.-Pere Marquette R. Co. v. Wabash R. Co., Mich., 104 N. W. Rep. 650.

118. RECORDS-"Torrens Laws."-Laws 1905, p. 459, ch. 305, known as the "Torrens Law," § 13, providing that the state shall be made defendant where it has an interest in the land in suit, is constitutional. In re National Bond & Security Co., Minn., 104 N. W. Rep. 678.

119. REFORMATION OF INSTRUMENTS - Fire Insurance Policy. An insurance policy, like any other contract, which, because of mistake in its execution, does not conform to the real agreement of the parties, may be reforined in a court of equity.-Phoenix Ins. Co. v. State, Ark., 88 S. W. Rep. 917.

120. RELEASE-Fraud in Procurement.-Where an employer obtained a release from a father for injuries cansed by the death of his son when the father was prostrated with grief, it constituted a legal fraud on the father's rights.-Erickson v. Northwest Paper Co., Minn., 104 N. W. Rep. 291.

121. REPLEVIN-Conclusiveness of Judgment.-A judg ment in replevin held conclusive against an objection that the defendant by previously foreclosing a chattel mortgage on the property replevied had satisfied his lien and released the bond.-Stafford v. Baker, Mich., 104 N. W. Rep. 321.

122. SALES-Failure to Deliver at Stipulated Time.-A seller, failing to deliver the goods in time, held liable to the penalties incurred by the buyer for delay in delivering them to another.-Sutton v. Wanamaker, 95 N. Y. Supp. 525.

123. SALES-Fraud of Purchaser.-Where a purchaser makes false representations, on which the seller relies on discovering the frand he may rescind and reclaim the property, or may continue the contract.-John Silvey & Co. v. Tift, Ga., 51 S. E. Rep. 748.

124. SALES-Refusal to Accept.-The seller cannot recover the price of goods different from those ordered, if they are refused by the purchaser.-Perkins Windmill Co. v. Kelly, Mich., 104 N. W. Rep. 663.

125. SEDUCTION Prior Intercourse. A request to charge that, if prosecutrix had intercourse with defendant prior to the date in question, she was not on that day a chaste woman, held properly refused. Weaver v. State, Ala., 39 So. Rep. 341.

126. SHERIFFS AND CONSTABLES-Liability of Defend. ant to Indemnify Cонstable.-Where defendant induces a constable to deliver to him property which he has levied on, and the constable is subsequently compelled to pay its value, defendant is liable to the constable for the loss or damage sustained by him.-Turner v. Woodward, Ga., 51 S. E. Rep. 762.

128. STATUTES Entries in Legislative Journals. - A certain entry in legislative journals held no evidence, on a question of the constitutional enactment of a bill into law, that certain words were or were not in fact contained in such bill at or before its enactment into law. West v. State, Fla., 39 So. Rep. 412.

129. STATUTES-Evidence.-In an action by a subcon tractor, against the owner of a building, on a promise by the owner to pay plaintiff, it was error for the court to strike out plaintiff's testimony that he did the work on the faith of defendant's promise. Schild v. Monroe Eckstein Brewing Co., 95 N. Y. Supp. 493.

130. STREET RAILROADS-Allowing Passengers to Alight from Moving Cars.-A city ordinance providing that conductors shall not allow ladies or children to leave or enter cars while in motion is not unreasonable or void.

McHugh v. St. Louis Transit Co., Mo., 88 S. W. Rep. 853 131. SUBROGATION-Rights of Indorsee.-An indorser on notes who has paid only a portion of them cannot claim by subrogation the right to participate in the securities held for the payment of the debt.-Bank of Fay. etteville v. Lorwein, Ark., 88 S. W. Rep. 919.

132. TRADE MARKS AND TRADE NAMES - Fraudulent Representations.-A manufacturer of bitters, which in public advertisements has made false representations that they contain no intoxicating ingredients, whereas they are in fact composed of more than 40 per cent. of alcohol, is guilty of fraud, which debars it from invoking the aid of a court of equity to protect its product from alleged unfair competition.-Siegert v. Gandolfi, U. S. C. C., S. D. N. Y., 139 Fed. Rep. 917.

133. TRESPASS-Pleadings.-In trespass by a tenant against her landlord, a plea, alleging that defendant entered by and with the consent and license of the plaintiff held demurrable.-Snedecor v. Pope, Ala., 39 So. Rep. 318.

134. TRIAL-Anticipation of Defenses. Plaintiff in framing his instructions need only present the law applicable to his theory of the case as supported by his evidence, and need not anticipate and negative possible defenses.-Kelleyville Coal Co. v. Strine, Ill., 75 N. E. Rep. 37.

135. TRIAL-Exceptions to Instructions.-An exception quoting a portion of the judge's charge, and alleging that it was error, without specifying in what particular, is too general.-Tinsley v. Western Union Telegraph Co., S. Car., 51 8. E. Rep. 913.

136. TRIAL — Findings. - A failure to find on certain issues held not error, where, in so far as the allegations were material, they were covered by the findings made. -Vestal v. Young, Cal., 82 Pac. Rep. 381.

137. TRIAL-Instructions.-A party is not entitled as a matter of right to an instruction that the jury must "weigh the evidence fairly and impartially, without par tiality or passion."-Suedecor v. Pope, Ala., 39 So. Rep. 318.

138. TROVER AND CONVERSION-Measure of Damages.The measure of damages for the conversion of house. hold goods held the value to the owner, based on his actual money loss.-Barker v. S. A. Lewis Storage & Transfer Co., Conn., 61 Atl. Rep. 363.

139. TROVER AND CONVERSION-Title of Plaintiff.Where stockholder assigned stock, with general power of attorney, to be used as collateral in stock speculations, and the assignee sold the stock, and lost the proceeds in speculations, trover would not lie for the stock.-Martin v. Megargee, Pa., 61 Atl. Rep. 1023.

140. TRUSTS-Construction of Will.-Under Const., art. 6, § 7, the probate court possesses exclusive original jurisdiction of a suit to construe a will, when necessary to the administration of decedent's estate. -Appleby v. Watkins, Minu., 104 N. W. Rep. 301.

141. TRUSTS-Faliure to Designate Beneficiaries.-A trust failing to designate a beneficiary held unsustainable for the benefit of testator's sole heir.-Filkin v. Severin, Iowa, 104 N. W. Rep. 346.

Pollution of

142. WATERS AND WATER COURSES Stream.-The riparian owners of land along tide water river held entitled to enjoin the city from polluting the stream by discharging its sewage therein without compensation.-Doremus v. City of Paterson, N. J., 61 Atl. Rep. 396.

143. WILLS-Enforceable Interest.-Will leaving in come of estate to the absolute use of testator's widow construed, and held, that his son had no interest therein, requiring the setting apart of any portion thereof to the son.-Slater v. Slater, 94 N. Y. Supp. 900.

144. WORK AND LABOR-Presumptions as to Services of Child. Where son and mother did not live together as parent and child, there was no presumption tha services rendered by the former for the latter were gra. taitous.-Page v. Page, N. H., 61 Atl. Rep. 356.