fendant, operating a threshing engine, plaintiff was not bound to guard against the defect in the engine until he knew his property was in danger. - Mansfield v. Richardson, Ga., 45 S. E. Rep. 269.

117. NOTICES-Deed.-Constructive notice of a deed is not constructive notice of a finding and decree not referred to in the deed.-Cushing v. Schoeneman, Neb., 96 N. W. Rep. 346.

118. NOVATION-Insurance.-Where defendant, as part of the considerat on for the purchase of a business, agreed with plaintiff to pay his vendor's portion of a debt owing to plaintiff, defendant could not rescind such contract for his vendor's fraud without plaintiff's concurrence.-Georgia Home Ins. Co. v. Boykin, Ala., 34 So. Rep. 1012.

119. NUISANCE - Right of Action. — In an action to recover against a railroad for maintaining a public nuisance, that the stagnant pool could have been drained by the city would not relieve the railroad company from liability for special damages caused. Savannah, F. &

122. PARTITION - Intervention.-In a suit for partition of land claimed to belong to petitioner's mother, petitioner, who held no lien on the land, held not entitled to intervene and claim it as a general creditor of his mother.-Rice v. Donald, Md., 55 Atl. Rep. 620.

123. PARTNERSHIP - Sharing Losses. - Entries on the books of a firm as to the shares of profits or losses, when acquiesced in, are conclusive of the rights of the partners. Safe Deposit & Trust Co. v. Turner, Md., 55 Atl. Rep. 1023.

124. PAYMENT - Application. Where a debtor, owing two notes, made a payment to his first creditor, who applied it on a secured note, thereafter the parties could not change the application to an unsecured note to the prejudice of a second creditor without his consent. Pinney v. French, Kan., 73 Pac. Rep. 94.

125. PHYSICIANS AND SURGEONS-Claim for Services.A physician's claim for services in attending testatrix in her last illness, for 17 days, of $350, held excessive, and should be reduced to $150. In re Ogden's Estate, 83 N. Y. Supp. 977.

126. PRINCIPAL AND AGENT-Action Against Principal. -Where a seller of goods, after discovering the purchaser's principal, elects to sue the principal, and does so to final judgment, he cannot thereafter sue the agent. -E. J. Codd Co. v. Parker, Md., 55 Atl. Rep. 623.

127. PRINCIPAL AND AGENT Purchase by Agent. Where an agent, authorized to purchase for cash, buys on credit, his principal is not bound for the price.Chapman v. Americus Oil Co., Ga., 45 S. E. Rep. 268.

128. PUBLIC LANDS-Jurisdiction of Court.-Courts are without jurisdiction to determine controversies between claimants of public lands, the title to which has not passed from the United States by the issuance of a patent. Northern Lumber Co. v. O'Brien, U. S. C. C., D. Minn., 124 Fed. Rep. 819.

and not as a private proprietor. - Rhode Island Motor Co. v. City of Providence, R. I., 55 Atl. Rep. 696.

131. RAILROADS - Crossing Accident.-In an action for injuries sustained at a railroad crossing, a question as to defendant's negligence cannot be submitted where there is no evidence that those in charge of the locomotive Northern saw plaintiff in time to avoid the accident. Cent. Ry. Co. v. McMahon, Md., 55 Atl. Rep. 627. 132. RAILROADS-Fires Caused by Engine.-A company operating a private logging railroad is liable for dam. ages by fires caused by sparks from its engine igniting combustible material on its right of way. Simpson v. Enfield Lumber Co., N. Car., 45 S E. Rep. 469.

133. RAILROADS-Injury to Epileptic.-For an epileptic to walk on a railroad track, where he falls in a fit, and is struck by a train, is contributory negligence. Marks v. Atlantic C. L Ry. Co., N. Car., 45 S. E. Rep. 468.

134. RAILROADS - Loading Cars.-A railroad company which fails to give special notice to workmen engaged in loading cars on a side track of its intention to back an engine against the cars held negligent and liable for injuries sustained in such operation. - Copley v. Union Pac. Ry. Co., Utah, 73 Pac. Rep. 517.

136. RECEIVERS - Error in Appointment.-Where de fendant in execution was not a trader, and plaintiffs were unsecured creditors, and the sheriff under a general execution had levied upon the land of the debtors, it was error to appoint a receiver. Reynolds & Hamby Estate Mortg. Co. v. Kingsberry, Ga., 45 8. E. Rep. 235. 137. RECORDS - Deed. - A deed spread on the record of deeds in the recorder's office is properly recorded, though not indexed. Greenwood Loan & Guarantee Ass'n v. Childs, S. Car., 45 S. E. Rep. 167.

138. RELEASE - Pleading.-In an action for injurie to a servant, a rejoinder to a replication setting up facts to avoid a release pleaded held demurrable. - Western Ry. v. Arnett, Ala., 34 So. Rep. 997.

139. REMOVAL OF CAUSES - Waiver of Objection.-The right to have a cause remanded after removal on the ground that neither party is a resident of the district is waived by the entry of a general appearance by plaintiff in the federal court, and a delay of a year before filing a motion to remand. Philadelphia & Boston Face Brick Co. v. Warford, U. S. C. C., D. Mass., 123 Fed. Rep. 843.

140. SALES Action for Value.-A clause in a contract for the construction of an elevator, authorizing the builder to remove the same if not paid for, held no defense to an action for the value thereof, where it had been accepted before being destroyed, though not paid for.-Plunger Elevator Co. v. Day, Mass., 68 N. E. Rep. 16. 141. SALES - Executory. - A contract for the purchase of a specified quantity of coal to be shipped by the seller is executory, and does not pass title to any specific coal until the same is laden for shipment. - Taylor v. Fall River Iron Works, U. S. D. C., S. D. N. Y., 123 Fed. Rep. 826.

142. SALES-False Representations.-A false statement by a merchant to a commercial agency may be offered in evidence with other representations to show fraud in the purchase of merchandise. Courtney v. William Knabe & Co. Mfg. Co., Md., 55 Atl. Rep. 614.

143. SHIPPING Charter Party. It is competent for a charterer of a pleasure yacht to stipulate in the charter party against his liability for loss or damage to the vessel through his negligence, there being no question of public policy involved. — McCormick v. Shippy, U. S. C. C. of App, Second Circuit, 123 Fed. Rep. 48.

144. SHIPPING-Demurrage-Where by a contract for the purchase of coal it was to be shipped by the sellers, they were authorized to bind the cargo by a lien for demurrage, either as owners or as agents of the purchaser.

-Taylor v. Fall River Iron Works, U. S. D. C., S. D. N. Y., 123 Fed. Rep. 826.

145. SHIPPING-Injury of Stevedores.-Stevedores held entitled to recover damages from the ship for personal injuries resulting from the disobedience of orders or negligence of the winchmen, who were furnished by the ship, in discharging a cargo of logs.-The Gladestry, U. S. D. C., E. D. N. Y., 123 Fed. Rep. 112.

146. SHIPPING-Overcrowding Boat.-Passengers who overcrowded a boat so that she was swamped, after being told by the officer in charge that she was overloaded, and asked some of them to get out and wait till she returned, were guilty of contributory negligence.In re Kimball S. S. Co., U. S. D. C., N. D. Cal., 123 Fed. Rep. 838.

147. SPECIFIC PERFORMANCE-Equity Jurisdiction. A bill held to state a cause of action within the jurisdiction of equity for the specific performance of a con⚫ tract for the purchase of personal property, on the ground that it had been partially executed.-Raymond Syndicate v. Brown, U. S. C. C., D. N. H., 123 Fed. Rep. 80.

148. SPECIFIC PERFORMANCE Partition. Where a contract for the sale of land was conditioned on partition of the land, plaintiff cannot enforce the contract, where there was no excuse for his failure to secure such partition.-Brooks v. Miller, Ga., 45 S. E. Rep. 485.

149. SPECIFIC PERFORMANCE-Petition.-Where, under a contract for the sale of realty, the conditions to be performed are concurrent, plaintiff in an action for specific performance,must allege and prove performance or a tender thereof.-Fisher v. Buchanan, Neb., 96 N. W. Rep. 339.

150, STREET RAILROADS-Breach of Contract.-Impossibility of performance held no defense to an action for breach of contract to build street railroad.-Borough of Montooth v. Brownsville Ave. St. Ry. Co., Pa., 55 Atl. Rep. 1036.

151. STREET RAILROADS - Child Crossing Street. — A child6 1-2 years of age,crossing a street railway track on her way to school without looking and listening,held not guilty of contributory negligence as a matter of law.McDermott v. Boston Elevated Ry. Co., Mass., 68 N. E. Rep. 34.

152. TELEGRAPHS AND TELEPHONES-Wires in Building, -Where telephone wires were negligently allowed to remain in a building, the fact that defendant did all in its power to obviate the danger from atmospheric electricity held no defense to an action for injuries therefrom.Southern Bell Telephone & Telegraph Co. .v. McTyer, Ala., 34 8D. Rep. 1020.

153. TRIAL-Expression of Opinion by Judge.-It is not reversible error for the judge in a federal court to express his own opinion of the facts, if the rules of law are correctly laid down, and the jury are given to understand that they are not bound by such opinion.-Nome Beach Lighterage & Transportation Co. v. Munich Assur. Co., U. S. C. C., N. D. Cal., 123 Fed. Rep. 820.

a

154. TRIAL- Where Stipulation Constitutes Waiver of Trial by Jury.-Stipulation held to constitute waiver of a trial by jury, and not intended to put the trial court in error on the ground of a conflict in the evidence.-Nashville, IC. & St. L. Ry. v. Cody, Ala., 34 So. Rep. 1003.

155. TRIAL-Sending Papers with Jury.-Where plaint. iff's statement of claim is 'the basis of the court's instruction, it is not error to send it out with the jury when they retire.-Tridell v. Munhall, U. S. C. C., W. D. Pa., 123 Fed. Rep. 802.

156. TRUSTS-"Aliquot Part."-Though a resulting trust in favor of a contributor to the price of land will not be enforced, unless he contracted for a aliquot part thercof, such part held to mean only a particular fraction of the whole.-Skehill v. Abbott, Mass., 68 N. E. Rep. 37.

157. TRUSTS-Death of Beneficiaries.-A will creating a trust construed, and held, that on the death of each life tenant his share of the fund should bedistributed among

the other beneficiaries and the issue of such life tenant per stirpes.-Brown v. Farmer, Mass., 69N. E. Rep. 32.

158. USURY-Defense to Mortgage Debt.-Usury is of no avail as a defense to the purchaser of the equity of redemption who has assumed the mortgage debt.-People's Building, Loan & Savings Ass'n v. Pickard, Neb., 96 N. W. Rep. 337.

159. USURY-Exacting Interest by Way of Discount.If it is lawful to exact the payment of 8 per cent. in advance by way of discount for a loan for five years, where the borrower contracted to pay $3.48 more than such interest, the contract was usurious.-Howell v. Pennington, Ga., 45 S. E. Rep. 272.

Pur

160. VENDOR AND PURCHASER - Constructive chaser. The possession of the tenant is sufficient to put an intending purchaser from a third person upon inquiry as to the landlord's rights.-Randall v. Lingwall, Oreg., 73 Pac. Rep. 1.

161. VENDOR AND PURCHASER-Notice.-Actual notice of facts which if pursued would have led to knowledge of an unrecorded transfer of real estate held equivalent to actual notice.-Rankin Mfg. Co. v. Bishop, Ala., 34 So. Rep. 991.

162. VENDOR AND PURCHASER-Possession of Property. -Possession of property by obligee in bond conveyance thereof held notice of her rights to those claiming under an unauthorized assignment of the bond by obligee's husband.-Hawley v. Hawley, Oreg., 73 Pac. Rep. 3.

163. VENDOR AND PURCHASER- Quitclaim Deed. Where an owner of land contracted to convey by a quitclaim deed, and the contract was recorded, and thereafter the vendor conveyed the property to another, such grantee took the property subject to the original contract.-Meyers v. Markham, Minn., 96 N. W. Rep. 335.

164. WATERS AND WATER COURSES-Diversion.-Lapse of time will not bar the owner of land from his right to have a stream flow through the same in its natural bed or channel.-Leonard v. St. John, Va., 45 8 E. Rep. 474.

165. WATERS AND WATER COURSES - Surface Water.Flood water of a river overflowing its banks, which will return to the river, though spread over the adjacent lands, is not surface water.-Jones v. Seaboard Air Line Ry. Co., S. Car., 45 S. E. Rep. 188.

166. WILLS-Ademption.-Parol evidence held inadmissible to show that testator did not intend ademption of a specific legacy of certain claims which he collected in his lifetime. Rogers v. Rogers, S. (Car., 45 S. E. Rep. 176.

167. WILLS-Construction.-Where the residue of testator's estate was devised to the residuary legatee in fee, such estate was not affected by a subsequent codicil attempting to dispose of the remainder after the legatee's death.-Bassett v. Nickerson, Mass., 67 N. E. Rep. 25.

168. WILLS-Contract to Devise Property.-A contract by one to dispose of his property in a particular way by will may be enforced in equity, after his decease, against his heirs, devisees, or personal representatives.-Spencer v. Spencer, R. I., 55 Atl. Rep. 637.

169. WILLS-Deed.-An instrument conveying property in præsenti, with right of possession postponed until the grantor's death, is a deed, and not a will.-Watkins v. Nugen, Ga., 45 S. E. Rep. 262.

170. WILLS - Ejectment. - A devisee may prosecute ejectment for the lands devised during the pendency of probate proceedings.-Beer v. Plant, Neb., 96 N. W. Rep. 348.

171. WILLS-Harmless Error. - Refusal of the trial court to compel the state's attorney to deliver certain letters to defendant's counsel during his cross-examination of prosecutor held not error.-State v. Donovan, Vt., 55 Atl. Rep. 611.

172. WITNESSES-Mental Capacity.-In an action by an administrator, defendants, if otherwise qualified, may testify as to the mental capacity of the deceased when the contract was made.-Grimshaw v. Kent, Kan., 73 Pac, Rep. 92,

ACCIDENT INSURANCE. See INSURANCE.

ACCORD AND SATISFACTION,

when the payment of a lesser sum than the whole is
satisfaction of a debt, 244.

ACTIONS,

restraining prosecution of action brought in another
state, 175.

ACT OF GOD,

damages by flood, 264.

ADMINISTRATION,

incorporation of estates by testators, trustees, exe-
cutors or heirs, 61, 181.

ADVANCEMENTS,

whether the rule of advancement apples to collat-
eral kin, 484.

ADVERSE POSSESSION,

can a married woman acquire the title to land by
disseizin and adverse possession, 485.

can a married woman acquire the title to land by dis-
seizin and the running of the statute of limitations,
485.

ADVOCACY,

Doctor Johnson and the ethics of advocacy, 112.
the law as a business versus true advocacy, 301.
the theory of a case and its importance, 461.
AGENCY. See PRINCIPAL AND AGENT.
ALIENS,

frauds under the naturalization laws, and a sug
gested remedy, 381.

the naturalization laws of the United States and their
enforcement, 472.

ALTERATIONS,

verbal alterations of written contracts in material
parts, 403.

ANIMALS. See GAME AND GAME LAWS.

are dogs property, 392.

property interest in dogs, 332.

possessory actions for the recovery of a dog, whether
allowed at common law, 392.

actions for the recovery of damages for injuries to
dogs, 392.

right to tax or levy execution upon dogs, 393,
whether dogs are assets of an estate, 393.
whether dogs are subject to police regulations, 393.
ownership in animals feræ naturæ, 429.

power o legislature to pass laws to protect game, 430.
APPEALS,

the lawyer's brief, its requisites and value, 221.

ARBITRATION AND AWARD,

Judge Huston on compulsory arbitration, 490.
ASSAULT AND BATTERY,

attempt to commit murder by the sending of an in-
fernal machine, as an assault, 183.

ASSOCIATIONS. See LABOR UNIONS.

liability of a member of an unincorporated club, 4.
liability of members of an unincorporated society to
indemnify trustees of the society against loss sus -
tained, 104.

power of incorporated fraternal society to borrow
money and issue negotiable promissory notes, 161.
liability of labor unions to actions at law, 193.
ATTACHMENT,

motion to discharge attachment, 229.

the rule as to strict compliance with statute in at-
tachment proceedings, 232.

waiver of lien in conditional sales, 232.
ATTORNEY AND CLIENT,

validity of regulation of law, medicine and other
professions, 133.

compensation by the state of an attorney appointed
to defend prisoners where the latter adopts ob-
structive tactics, 182.

the lawyer's brief, its requisites and value, 221.
choosing a particular branch of the law as a spe-
cialty, 241.

fees and professional compensation, 241.

the theory of a case and its importance, 461.
BAILMENT,

bath house as bailee for hire of customer's valuables,
363.

BERTILLON SYSTEM,
publication of Bertillon measurements and photo-
graphs of prisoners innocent or acquitted of the
crimes charged against them, 261.

BILLS AND NOTES,

power of incorporated fraternal society to borrow
money and issue negotiable promissory notes, 161.
liability of a bank on a certified check, 367.

effect of knowledge of president of corporation of
defects in commercial paper, 71.

whether a bank is chargeable with notice of defense
to a note transferred to it by an officer or director
of said bank who has knowledge of its infirmities,
372.

BOARD OF TRADE,

property rights in stock quotations, 483.

BOOKS RECEIVED,

14, 74, 114, 155, 195, 234, 253, 273, 333, 374, 494.

BOUNDARIES,

parol agreement followed by possession, 449.

validity of oral agreements fixing boundary line, 451.
statute of frauds affecting oral agreements fixing
boundaries, 452.

BRIEF,

the lawyer's brief, its requisites and value, 221.
BUILDINGS AND BUILDING CONTRACTS,

right of a court of equity to enjoin the erection of a
building which violates a municipal ordinance as
to combustibility, $2.

CARRIERS. See STREET RAILROADS.

validity of contracts exempting railways from lia-
bility for negligent injury to passengers, 83.
limitations of liability in drovers' and other ship-
pers' passes, 84. ́

validity of releases by express messengers, 88.
validity of releases by postal clerks, 89.
validity of releases in employees' passes, 90.

validity of releases by employees on sleeping cars, 91.
validity of releases by newsboys and other vendors,

CLUBS.
COMMERCE,

taxation of gross earnings of elevator warehouse as
an interference with interstate commerce, 42.
COMMON LAW,

Christianity as a part of the common law of the
United States, 201, 311.

how the adoption of the common law was prevented
in Louisiana, 393.

CONDITIONAL SALES. See SALES.

CONDONATION. See DIVORCE.
CONFLICT OF LAWS,

conflict of jurisprudence between state and federal
courts in the appointment of a receiver for a dis-
solving corporation, 394.

CONGRESS OF LAWYERS,

committee in charge of the World's Congress of
Lawyers, 373.

CONSTITUTIONAL LAW-CONTINUED.

power of the state to operate coal mines and con-
script men for that purpose when necessary to avert
a public calamity, 25.

in

is the initiative and referendum amendment
conflict with the constitution of the United States,
31.

taxation of gross earnings of elevator warehouse as
an interference with interstate commerce, 42.
deficiency judgment as violating the obligation of
contracts, 92.

impairment of the obligation of contracts by statutes
affecting the existing remedies for the enforcement
of a mortgage, 94.

validity of statute reducing the rate of interest on
bills at decretal sales, 95.

power of a state to impose a license tax on foreign
corporations doing business but not located in the
state, 112.

freedom of contract, infringed by denying non union
employers the right to hire labor, 128.

class legislation in the regulation and conduct of
business, trades and professions, 132.

validity of regulation of law, medicine and other pro-
fessions, 133.

validity of regulation of trades and industries, 134
federal succession tax on bequest to municipality,

222.

vali lity of minimum wage law, 248.

power of state to fix the minimum rate of wages to be
paid to workmen under privity of public employ-
ment. 251.

whether the giving of trading stamps is subject to
prohibitory legislation, 421.

what constitutes "condition of peonage" repugnant
to the federal constitution and statutes passed in
pursuance thereof, 441.

a symposium on the question of the constitutionality
of legislation imposing greater liability on a cor-
poration than upon natural persons, 452.
constitutionality of Iowa law relating to insurance
companies, 483.

CONTEMPT,

power of a court to punish as for contempt the pub-
lication of a criticism of the court and its decision
in a case after its disposal, 101.

"scandalizing the court" as a contempt, independent
of a suit pending, 402.

CONTRACTS,

mental suffering from breach of contract to prepare
wedding trousseau, 282.

Habilities of parties who are at the same time both
jointly and severally liable ex contractu, 283.
origin of joint and several contracts, 283.
what contracts may be joint and several, 285.
CONTRIBUTORY NEGLIGENCE,

contributory negligence of passengers in standing on
platform of train, 151, 152.

contributory negligence as an off set against fraud,
303.

instinct of "self-preservation" as establishing a pre-
sumption of freedom from contributory negligence,
353, 356.

COPYRIGHT,

is a newspaper entitled to copyright, 21.
appropriation of authorities cited in legal encyclo-
pedia, as an infringement, 19.

infringement of copyright of books compiled from
common sources of knowledge by appropriating
the results of the previous author's investigations,

51.

an action for mental suffering alone, unaccom-
panied by physical injury, will lie against a tele-
graph company, when the mental suffering is made
the foundation of the action and the damages
treated as actual or compensatory, 44.
liability of a bridegroom, for injuries caused to a
railroad by a celebration in his behalf, 96.

in regard to what relationships damages for mental
suffering will not be presumed, 124.

recovery of damages for negligence by third persons
in cases where there is no privity of relation or
contract, 124.

DESCENTS AND DISTRIBUTION-CONTINUED.
when a claim of marriage based upon "marriage
relations" will be sustained after the death of one
of the parties to such alleged relation, 141.
whether the rule of advancement applies to collateral
kin, 484.

DIGEST OF CURRENT OPINIONS,

15, 34, 54, 75, 96, 115, 135, 155, 177, 195, 215, 235, 253, 273, 295,
313, 333, 357, 374, 395, 415, 434, 455, 473, 494.

DIVORCE,

when will condonation of adultery be implied from
cohabitation, 63.

power of trial court to hear evidence in divorce cases
in private, 81.

DISCOVERY,

under the present conditions of practice is a so-called
"bill of discovery" as a separate proceeding still in
force, 212.

effect of husband's connivance of wife's adultery,
264.

statutory restraints on the marriage of divorced per-
sons, 444, 491.

DOWER,

time when the statute of limitations begins to run
against widow's right of dower, 326, 329.

EASEMENTS,

extent of the public easement in country highways,

225.

EMINENT DOMAIN,

the interurban electric road on the public highway, 5.
noise as constituting peculiar damage, 8.
noise as an element of damage for which compensa-
tion should be made in taking property under the
right of eminent domain, or for which an independ-
ent action for damages will lie, 1.

noise as an incident in determining the depreciation
of property, 12.

EQUITY,

jurisdiction of equity over a bill of discovery, 209.
under the present conditions of practice is a so-
called "bill of discovery" as a separate proceeding
still in force, 212.

ESQUIRE,

legal definition of the term "esquire," 74
ESTATES,

incorporation of estates by testators, trustees, exec.
utors or heirs, 61, 181.

ESTOPPEL,

effect of owner's silence on a sale of his property as
creating an estoppel, 302.

EVIDENCE,

opinions of lay witnesses to prove insanity, 42.
judicial value of too much intricate scientific testi-
mony, 82.

judicial notice of the size of a glass of whisky, 202.
presumption as to the child-bearing period, 214.
interrogation of prisoners and suspects by police
officers, 382.

is it competent to prove by expert testimony that a
woman is past child bearing, 443.

EXECUTORS AND ADMINISTRATORS,

incorporation of estates by testators, trustees, exec-
cutors or heirs, 61, 161.

when a claim of marriage based upon "marriage re-
lation" will be sustained after the death of one of
the parties to such alleged relation, 141.
misdescripton of property in advertisement of sale

293.

the rule of caveat emptor as overcoming any express
or implied warranty or misrepresentation by an
executor at a judicial sale, 294.

FEDERAL COURTS,

state laws in federal courts, 145.

co-ordination and subordination of state and federal
courts, 145.

whether federal courts can create a rule of law for a
state, 147.