judgment does not conform to the judgment intended by the court.-A. G. Story Mercantile Co. v. McClellan, Ala., 40 So. Rep. 123. 73. JUDGMENT-Res Judicata.-A judgment foreclosing a lien on certain sawmill machinery for the unpaid portion of the price held res judicata against the holders of realty liens and their grantees.-Wm. Cameron & Co. v. Jones, Tex., 90 S. W. Rep. 1129. 74. LANDLORD AND TENANT-Necessity of Reducing Lease to Writing.-Where in an agreement for a lease it is stipulated that the lease shall be reduced to writing, the contract is not completed until the writing is executed. In re Woodville, La., 40 So. Rep. 174. 75. LIBEL AND SLANDER-Damages.-In an action for slander consisting of words slanderous per se, the amount of damages to which plaintiff is entitled depends in part on the effect of the malice on plaintiff's mind.Gendron v. St. Pierre, N. H., 62 Atl. Rep. 966. 76. LIBEL AND SLANDER-Proof of Words Constituting Slander.-One suing for slander arising from defendant charging plaintiff with larceny is not bound to prove all the words set out in the declaration Robinson v. Van Auken, Mass., 76 N. E. Rep. 601. 77. LIBEL AND SLANDER-Truth as a Defense.-The rule that the truth of a libel must be pleaded as a defense does not apply where the petition shows that to be true which would be a good defense and a demurrer reaches the defect.-Rollins v. Louisville Times Co., Ky., 90 S. W. Rep. 1081. 78. LIFE INSURANCE-Waiver of Conditions by Agent. -An agent of a life insurance company held authorized to waive a cendition of the policy requiring the insured to be in good health at the time of the delivery of such policy.-Metropolitan Life Ins. Co. v. Willis, Ind., 76 N. E. Rep. 560. 79. MANDAMUS-Supervision of Official Action.-Mandamus will not lie to compel the mayor of a city to enforce Sunday closing laws and ordinances against the saloons of such city.-People v. Dunne, Ill., 76 N. E. Rep. 570. 80. MASTER AND SERVANT-Assumed Risk.-A lineman employed by an electric company to remove wires from old poles held to assume the risk of injury in consequence of defects in poles, precluding a recovery for injuries received in consequence thereof.-Evansville Gas & Electric Light Co. v. Raley, Ind, 76 N. E. Rep. 548. 81. MASTER AND SERVANT-Contributory Negligence.In an action for personal injuries sustained by an employee operating a stationary engine, an instruction held properly refused in view of the plea of contributory negligence.-Sloss Sheffield Steel & Iron Co. v. Hutchinson, Ala., 40 So. Rep. 114. $2. MASTER AND SERVANT - Defective Appliances.- In an action for injuries received while employed as a fireman on defendant's engine, evidence considered, and held insufficient to show that the coal board in the engine was defective.-Missouri, K. & T. Ry. Co. of Texas v. Hanson, Tex., 90 S. W. Rep. 1122. 83. MASTER AND SERVANT-Joint Torts.-A master and servant are jointly liable for the willful tort of the servant committed within the scope of his employment.Able v. Southern Ry., S. Car., 53 S. E. Rep. 962. 84. MINES AND MINERALS-Rescission of Contract.Because of the peculiar nature of oil and gas, a gross misrepresentation as to the quantity and location of land covered by an oil lease, relied on by the vendee, is ground for rescission.-Bruner v. Miller, W. Va., 53 S. E. Rep. 995. 85. MUNICIPAL CORPORATIONS-Gifts to Town for Library Purpose. -A gift of a library building and a library fund held a gift to a town in its corporate capac ity.-Nelson v. Inhabitants of Georgetown, Mass., 76 N. E. Rep. 606. 86. MUNICIPAL CORPORATIONS-Special Funds.-A fund donated to a town for library purposes held, on being paid over to the town, should be impressed with a trust to indemnify the library trustees arising from contracts executed by them.-Nelson v. Inhabitants of Georgetown, Mass., 76 N. E. Rep 606. 87. MUNICIPAL CORPORATIONS-Warrant as Evidence of Indebtedness. A warrant or voucher issued by a Pennsylvania borough held an evidence of indebted · ness which would support an action by the payee, without reference to the contract out of which it arose.Coleman v. Borough of New Kensington, U. S. C. C., W. D. Pa., 140 Fed. Rep 684. $8. NAVIGABLE WATERS-Obstructions -An owner of land abutting on a navigable river cannot place any structure or filling between high water and low-water mark which would obstruct the river for navigation.McGunnegle v. Pittsburg & L.. E. R. Co., Pa., 62 Atl. Rep. 988. 89. NUISANCE-Animals Killed by Railroad - Where animals were killed by a locomotive near plaintiff's house, and the railroad company refused to remove them, and plaintiff was troubled with the resulting odors, held punitive damages could be recovered.-Yazoo & M. V. R. Co. v. Sanders, Miss., 40 So. Rep. 163. 90. OFFICERS-Reduction of Compensation.-The legislature may change the statutory duties and diminish the emoluments of a constitutional office. - Fortune v. Buncombe County Com'rs, N. Car., 53 S. E. Rep. 950. 91. PARTNERSHIP - Action Against. - In an action against two persons as partners for conversion, held error under the evidence to render judgment against one of the defendants and against the firm named.Russell v. Bellinger, Ala., 40 So. Rep. 132. 92. PARTNERSHIP-Liability of Purchaser of Partner's Interest.-A purchaser of a partner's interest in a firm does not render him liable for previous debts of the firm not assumed by him.-Humes v. Higman, Ala., 40 So. Rep. 128. 93. PARTNERSHIP-Liens as Against Subsequent Creditors.-Liens on property contributed to a partnership and existing at the time of the formation thereof held superior to claims of subsequent partnership creditors. -Merkley v. Gravel Switch Roller Mills Co.'s Assignee, Ky., 90 S. W. Rep. 1059. 94. PATENTS-Suit for Infringement.-A court of equity which has acquired jurisdiction of a suit for infringe. ment does not lose such jurisdiction because pending the suit the complainant assigns the patent to another, who is brought in by supplemental bill under equity rule 57.-Leadam v. Ringgold & Co., U. S. C. C., S. D. N. Y., 140 Fed. Rep. 611. 45. PAYMENT-What Constitutes. Under a plea of payment, a discharge of the obligation in money or its equivalent may be shown; but it is not permissible to show a gift by the creditor of the amount of the obligation.-White v. Black, Mo., 90 S. W. Rep. 1153. 96. PLEADING-Error Cured by Verdict.-In an action by an employee for injuries, a defect in the petition alleging in blank the amount of plaintiff's damages held cured by verdict.-Covington & C. Bridge Co. v. Hull, Ky., 90 S. W. Rep. 1055. 97. PRINCIPAL AND AGENT-Breach of Duty.-Where defendant, who was employed as plaintiff's salesman, secretly procured plaintiff to sell wheels to him through another at wholesale prices, which defendant resold, plaintiff's measure of damages was the difference between the price received by plaintiff and the market value of the wheels.-George N. Pierce Co. v. Beers, Mass., 76 N. E. Rep. 603. 98. PROHIBITION-Construction of Bridge. — Prohibi. tion does not lie to restrain the commissioner's court from proceeding with the construction of a bridge for which a contract has been let.-Goodwin v. State, Ala., 40 So. Rep. 122. 99. PUBLIC LANDS-Evidence of Grant. - Absence of documentary evidence, evidencing an ancient Spanish grant may be explained by showing a reasonable prob. ability that the documents have been destroyed.-State V. Ortiz, Tex., 90 S. W. Rep. 1084. 101. RAILROADS-Care Required at Crossings.-The de. gree of care required both by a railroad company and a person approaching a crossing held such as a prudent man would exercise under the circumstances of the case in endeavoring to perform his duty. Cooper v. North Carolina R. Co., N. Car., 53 S. E. Rep. 932. 102. RAILROADS-Grade Crossings.-A railroad company has power to determine for itself the particular means employed to protect the public at street or highway crossings In re Pennsylvania R. Co., Pa., 62 Atl. Rep. 986. 103 RAILROADS-Management and Control of Train.The foreman of defendant's construction crew held not engaged at the time of the accident in the operation and management of the train, with absolute control of the movements thereof, so as to render his negligent failure to warn deceased of his danger imputable to defendant.-Forge v. Houston & T. C. R. C., Tex., 90 S. W. Rep. 1118. 105. RECEIVERS - Sale of Property. - Receiver's inventory held admissible in action by receiver for breach of contract claimed by defendant to have been sold at receiver's sale to show what was included in the term "assets" used in the order of sale.-Illinois Steel Co. v. Preble Mach. Works Co., Ill., 76 N. E. Rep. 574. 106. SALES-Conditions Precedent. The omission of provision for interest in note given for purchase price on conditional sale of mule held not ground for recovery of the mule by the seller in detinue.-Wellden v. Witt, Ala., 40 So. Rep. 126. 107. STATUTES-Construction.-Where the language of a statute is plain, contemporaneous, or antecedent, history cannot be resorted to in aid of construction.State v. Henry, Miss., 40 so. Rep. 152. 109. STREET RAILROADS - Instructions as to Duty of Motorman.-In an action for injuries to a pedestrian in collision with a street car, a request to charge held properly refused as eliminating the duty of a motorman in the emergency of seeing plaintiff on the track.-Hovarka v. St. Louis Transit Co., Mo., 90 S. W. Rep. 1142. 110. STREET RAILROADS-Negligence. It is not negli. gence for the operatives of a street car to fail to keep the same stationary until (a passenger has seated himself, unless he is crippled or in some condition which makes it reasonably apparent to those in charge of the car that the passenger needs unusual care. -Bennett v. Louisville Ry. Co., Ky., 90 S. W. Rep. 1052. Nail Co. v. Putnam Nail Co., U. S. C. C., D. Mass., 140 Fed. Rep. 670. 113. TRIAL-Failure to Move for Non-Suit.-Where defendant submitted the case to the court on its merits without a motion for non-suit or for an order of judg ment in his favor, he waived the right to object to the insufficiency of the evidence to support the declaration. -Gendron v. St. Pierre, N. H., 62 Atl. Rep. 966. 114. TRIAL-Instruction in Equity Cases.-In equity cases it is not proper practice for courts to give instructions on the law, and a refusal to give requested instructions is not error.-White v. Black, Mo., 90 S. W. Rep. 1153. 115. TRIAL-Verdict.-Where a jury returned a verdict which is incomplete for failure to embrace a finding on a material issue, it is not error to require the jury to return to their room and complete the verdict.-Lee v. Humphries, Ga., 53 S. E. Rep. 1007. 116. TRUSTS-Statute of Frauds.-A parol agreement between the purchasers of certain lands to purchase and hold the same for a home for their mother held within ths statute of frauds and unenforceable as a trust for the mother's benefit.-Wormald's Guardian v. Heinze, Ky., 90 S. W. Rep. 1064. 117. W TERS AND WATER COURSES-Acquisition of Works of Municipality -Acts 1899, p. 568, ch. 254, authorizing towns to purchase waterworks, held not to apply to purchases made antecedent to the passage of the statute.-Eddy Valve Co. v. Town of Crown Point, Ind., 76 N. E. Rep. 536. 118. WATERS AND WATER COURSES-Damages Due to Insufficient Railroad Drains.-In an action against a railroad for injury to crops and realty by overflows caused by insufficient drainage, the evidence held not to show a claim for damages based on the fact that deposit of sediment injured the soil.-Gulf, C. & S. F. Ry. Co. v. Harbison, Tex., 90 S. W. Rep. 1097. 119. WILLS-Construction.-The phrase "in like manner," used in a provision in arrest for the payment of income of a beneficiary "in like manner" to his widow for life, remainder to the beneficiary's lawful issue, etc., held to describe the mode in which the recipients were to be benefited, and not to describe such recipients.Sterlin v. Ives, Conn., 62 Atl. Rep. 948. 120. WILLS-Trusts.-The death of one of testator's children, who were beneficiaries of a trust for the ultimate benefit of testator's grandchildren, held to operate as a severance of such child's share from the trust fune. Steling v. Ives, Conn., 62 Atl. Rep. 948. 121. WILLS-Undue Influence.-In order to cast the burden of proof of undue influence in the making of a will on one standing in confidential relations to testator, such person must be shown to have been directly connected with the making of the will.-In re Barry's Will, Ill., 76 N. E. Rep. 577. 122. WILLS-What Law Governs.-In bequest by person domiciled in Missouri to heirs of person domiciled in Germany, question as to who heirs are held governed by laws of Missouri.-In re Riesenberg's Estate, Mo., 90 S. W. Rep. 1170. 123. WITNESSES-Contradicting One's Own Witness.Accused, after having been offered a full opportunity to refresh the recollection of his own witness, held not en titled to further examine him concerning his testimony at a former trial for the purpose of laying a predicate to contradict him.-Willis v. State, Tex., 90 S. W. Rep. 1100. 124. WITNESSES-Contradiction. - On appeal to the circuit court from an order of the county court denying a probate of will, proponents may contradict testimony of subscribing witnesses by proving inconsistent affidavits made by them.-In re Barry's Will, Ill., 76 N. E. Rep. INDEX-DIGEST TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEAD- CORRESPONDENCE AND BOOK REVIEWS A separate subject-index for the "Digest of Current Opinions" will be found on page 498, following this Index-Digest. ANIMALS, agreement for compensation for docking horse's tail, not enforceable, 2. ATTACHMENT, trustee's title to bankrupt's property as against attaching creditors, 262. ATTORNEY AND CLIENT, Lincoln's contest with the Illinois Central Railroad over the reasonableness of professional fees, 267. ATTORNEY AND CLIENT, right of attorney to hold property which he ATTORNEY GENERAL, discretion of court to withdraw leave of attorney-general to use after leave has once been granted, 144. BAILMENTS, See Pledges. right of a special depositor to a priority, 447. jurisdiction of courts of one state over an act of bigamy committed in another state, 216. CONSTITUTIONAL LAW, See Commerce. constitutionality of sales in bulk laws, 4. 9. the right to declare property used in vio- acts is there an unwritten constitution of the of the com railroad commissions, state and federal, 199. constitutionality of acts providing for the establishment of juvenile courts. 219. prohibition of the railroad ticket brokerage business, 294. restriction of personal liberty under cover denial of the right of Missouri to restrain decree for divorce on substituted service not individualism of the constitution, 377. excluding certain classes from jury service are notes or other unexecuted obligations a validity of pledges of stock without writ- validity of pledges of shares of stock as against third person, 72. dividends on stock as property of bankrupt, liability of corporation principal to an in- immunity of corporation from testifying on juridiction over foreign corporations that COURTS, See Juvenile Courts, jurisdiction of courts of one state over an when an act in the nature of a tort may whether a grant by deed of a fishing or COVENANTS-Continued. to the advancement of society and the CRIMINAL EVIDENCE, proper instructions as to conviction on cir- CRIMINAL LAW. limitations upon the rule that criminal in- proper instructions as to conviction on cir- duty to retreat as an essential element nec- the doctrine of previous jeopardy, 205. compelling the prosecution to elect on which compelling the trial court by mandamus to necessity of proving beyond a reasonable CUSTOM, pleading custom in an action for negligence the bearing of custom upon the question of DEEDS, whether a grant by deed of a fishing or DESCENTS AND DISTRIBUTIONS, DIGEST OF CURRENT OPINIONS, 15, 35, 55, 75, 95, 115, 135, 155, 173, 190. EQUITY, limitations on the rule that he who comes right of defendant to plead equitable own. right of equity to grant interlocutory relief can a party signing a draft for consent ETHICS, aid in the intellectual and moral devel- introducing certified copies of records of value of expert testimony, 246. the right of a jury to pass on question of right to sue in equity in foreign jurisdiction JUDGMENTS, the interruption of counsel by judges, 469. can a party signing draft for consent decree progress of the movement for the establish- liability of master for injury to servant LANDLORD AND TENANT, on contracts for display advertisements the right granted for consideration to paint liability of lessor of railroad for lessee's liability of lessee of sign board for defec- LAW AND LAWYERS, confidence game worked on lawyers, 33. the Southern lawyer-a study as to the how Heinsfurter got his case continued, 93. Lincoln the Lawyer, 247. Lincoln's contest with the Illinois Central life at the bar, 327. an age of specialists-business attorneys to administration of law in the Indian Ter- LAW BOOKS, Reviews of Digests. Missouri Digest (American Digest Classi- Pattison's Missouri Digest, Vol. 7, 286. American Digest 1905 A., 349. |