strument assuming to incumber animals not in being held not to create any legal right to or interest in the thing.-Battle Creek Valley Bank v. First Nat. Bank, Neb., 88 N. W. Rep. 145.

30. CHATTEL MORTGAGES Validity Contested by Judgment Creditor.-Validity of chattel mortgage asserted by garnishee may be contested by judgment creditor.-Granger v. First Nat. Bank, Neb., 88 N. W. Rep. 121.

81. COMMERCE-Tax on Sleeping Car Companies.Code 1892, § 3387, requiring sleeping car companies to pay privilege tax, held not unconstitutional, as affect. ing interstate commerce.-Pullman Palace Car Co. v. Adams, Miss., 30 South. Rep. 757.

32. CONFLICT OF LAWS-Contracts and Remedies.Contracts and remedies are governed by the law of the state where the former are made and the latter are administered.-Lancashire Ins. Co. v. Barnard, U. S. C. C. of App., Eighth Circuit, 111 Fed. Rep. 702. 33. CONSPIRACY Conspiracy to Defraud.-Conspiracy to defraud held a crime under the common law. State v. Howard, N. Car., 40 S. E. Rep. 71.

34. CONSPIRACY-Proper Pleading in Civil Action.In action for conspiracy, the pleader must allege, not only confederation and the doing of the wrongful act, but the facts from which damages result.-Commer. cial Union Assur. Co. v. Shoemaker, Neb., 88 N. W. Rep. 156.

35. CONSTITUTIONAL LAW-Appointment of Election Commissioners by Legislature.-Act March 11, 1898, regulating elections, was, to the extent that it provided for the appointment of election commissioners by the legislature, an invasion of the powers of the executive, and therefore unconstitutional.-Pratt v. Breckinridge, Ky., 65 S. W. Rep. 136.

36. CONSTITUTIONAL LAW Legislative Powers of Judiciary.-Gen. Laws, 1897, ch. 68, § 6, relating to improvement of Lake Minnetonka, held not to impose legislative power on the judiciary.-McGee v. Board of Comrs. of Hennepin County, Minn., 88 N. W. Rep. 6. 37. CONSTITUTIONAL LAW Relation between Two Counties Carved Out of One.-The question as to what liability there shall be between a new county and an old one from which it has been carved out, being in its nature political, there was no legal liability between the counties which any court had jurisdiction to adjudicate.-Riverside County v. San Bernardino County, Cal., 66 Pac. Rep. 788.

38. CONSTITUTIONAL LAW Where Unconstitutiona Part of Statute Does Not Affect Remainder.-Though Laws 1901, ch. 469, § 11, relating to the creation of Gates county, which locates the county seat, should be void, held, that the remainder of the act would not thereby be invalid.-State v. Stevens, Wis., 88 N. W. Rep. 48.

39. CONTRACTS – - Construction of Ambiguities.-Before rule for choosing between two meanings in an expression in a contract can be applied, it must be determined that the meaning intended is obscure.Ullman v. Chicago & N. . Ry. Co., Wis., 88 N. W. Rep. 41.

40. CONTRACTS-Fraudulent Use of Lawful Contract. -One who has entered into a lawful contract in good faith held not precluded from relief because the other party may intend to make a fraudulent use of it as to a third party.-Fox v. State, Neb., 88 N. W. Rep. 176. 41. CONTRACT - - Proof and Defenses. In action for materials sold under a verbal contract, defendant under a general denial may show that the contract was made with, and the materials sold to a third person.-Wiedeman v. Hedges, Neb., 88 N. W. Rep. 170. 42. CORPORATIONS-Jurisdiction of Debt of Foreign Corporation.-A court has no jurisdiction of garnishment of a debt due by a foreign corporation, not con. tracted nor to be performed in the state, though debtor and creditor of garnishee voluntarily appear.-Louis. ville & N. R. Co. v. Steiner, Ala., 30 South. Rep. 741.

48. CORPORATION-Liability of Corporation for Debts of Constituent Corporation on Consolidation.-Cor. poration created by the consolidation of several corporations held to hold the property received from each constituent corporation as a trust fund for the payment of the debts of the original corporation.Morrison v. American Snuff Co., Miss., 30 South. Rep 723.

44. CORPORATIONS-Liability for Debts of Corporation Whose Property Has Been Assigned.-Defendant corporation held liable for debts of another corpora tion, which transferred all its property to defendant, which took with knowledge of transferror's liabilities. -Vicksburg & Y. C. Tel. Co. v. Citizens' Tel. Co., Miss., 30 South. Rep. 723.

45. CORPORATIONS-Limitations on Right of Foreign Corporations to Do Business.-The legislature has authority to impose restrictions, not repugnant to constitution and laws of the United States, as conditions precedent to the right of foreign corporations to do business in the state.-Tolerton & Stetson Co. v. Ferguson, Minn., 88 N. W. Rep. 19.

46. CORPORATIONS-Preferring Director as Creditor. -A corporation is not precluded from preferring a bona fide creditor because he is also one of its directors, although the burden rests upon him to prove his ab solute good faith and the justice of his demand.American Exchange Nat. Bank v. Ward, U. S. C. C. of App., Eighth Circuit, 111 Fed. Rep. 782.

47. CORPORATIONS-Right of Minority Stockholders to Set Aside Fraudulent Contract of Majority.-A bill by minority stockholders to set aside a contract alleged to have been fraudulently obtained by the majority, and to transfer all the property of the corpora. tion to them, under the name of a second corporation for an inadequate consideration, held to state a cause of action. Mumford v. Ecuador Development Co., U. S. C. C., S. D. N. Y., 111 Fed. Rep. 639.

48. CORPORATIONS-Tranfer of Stock Sold on Foreclosure of Pledge.-Where stock is pledged by deliv. ery of the certificates, the company can be compelled to make a transfer of the property by one who has acquired title by a valid sale.-Brown v. Hotel Assn. of Omaha, Neb., 83 N. W. Rep. 175.

49. COSTS-Action in Forma Pauperis.-The act permitting actions in the federal courts to be prosecuted in forma pauperis applies to proceedings on appeal or writ of error in such actions.-Reed v. Pennsylvania Co., U. S. C. C. of App., Sixth Circuit, 111 Fed. Rep. 714. 50. COSTS Printing Unnecessary Matter in Transcript.-Where papers not properly a part thereof are printed in transcript, appellant will be required to pay the additional expense.-Taylor v. McCormick, Idaho, 66 Pac. Rep. 805.

51. Costs Subsequent Appeal. · Costs incurred upon one appeal cannot be properly taxed as part of the costs of an appeal subsequently taken.-Louis. ville Steam Forge Co. v. Mehler, Ky., 65 S. W. Rep. 129.

52. COUNTERFEITING-Necessary Allegations. — An indictment for having in possession, with intent to sell or use, obligations or securities engraved and printed after the similitude of obligations and securi. ties of the United States, does not charge an offense, where it shows on its face that the instruments referred to are bills issued by a bank, and purporting to be its obligation, and not those of the government. -United States v. Conners, U. 8. D. C., D. Oreg., 111 Fed. Rep. 734.

53. COUNTIES-Clerk to Furnish Transcripts.-Under Laws 1901, p. 435, a county clerk, required to furnish certain transcripts to another county, held not entitled to demand his compensation in advance.Baker County v. Benson, Oreg., 66 Pac. Rep. 815.

54. COUNTIES-Fees of Officers in Tramp Cases.-Where county board had fixed fees of officers in tramp cases under Sanb. & B. Ann. St. ch. 65a, in suit by of

ficer to recover statutory fees, held not error to exolude his evidence as to reasonable value of his serv. ices.-Bartlett v. Eau Claire County, Wis., 88 N. W. Rep. 61.

55. COURTS-Board to Try Election Contests.-The legislature has no power to create a board to try election contests, as such a board exercises judicial powers, and is therefore a court.-Pratt v. Breckin ridge, Ky., 65 S. W. Rep. 136.

56. COURTS - Presumption as to Subsequent Pro ceedings. Where it appears a jurisdiction of inferior courts has attached, a presumption arises that subse. quent proceedings were regular.-Kuker v. Beindorff, Neb., 88 N. W. Rep. 199.

57. CRIMINAL EVIDENCE-Res Gestæ.-Statement of deceased within two minutes of the fatal shot, and while deceased was in flight, as to the particulars of the difficulty, held admissible as part of the res gesta.— Nelson v. State Ala., 30 South. Rep. 728.

58. CRIMINAL EVIDENCE-Res Gesta.-Evidence as to being awakened at a certain hour by cries of murder held admissible as part of res gesta.-People v. Amaya, Cal., 66 Pac. Rep. 794.

59. CRIMINAL LAW-Conviction Under Ordinance and Statute.-A conviction under a city ordinance is not a bar to a prosecution for the same act based on a state statute.-State v. Muir, Mo., 65 S. W. Rep. 285.

60. CRIMINAL LAW-Defense of Insanity.-Where the evidence is entirely inadequate to establish the defense of insanity, it is properly withdrawn from the jury's consideration.-State v. Morledge, Mo., 65 S. W. Rep. 226.

61. CRIMINAL LAW-Enabling Order.-Where the record did not contain a 10-day enabling order, the state. ment of facts filed subsequent to the adjournment of court will be struck from the record.-Ramsey v. State Tex., 65 8. W. Rep. 187.

62. CRIMINAL LAW-Evidence on Appeal.-In a crim". inal case, the evidence is exclusively for the jury, and is not reviewable on appeal.-State v. Jackson, N. Car., 40 S. E. Rep. 41.

63. CRIMINAL LAW-Sufficiency of Indictment of Appeal.-The sufficiency of an indictment will be reviewed on appeal, though no motion to quash or in arrest of judgment was filed and preserved.-State v. Hall, Mo., 65 S. W. Rep. 248.

64. CRIMINAL TRIAL-Right of Defendant to be Unshackled.-A conviction, of murder should not be set aside because, during the selection of the jury and after court had adjourned, an officer put handcuffs on defendant when removing him from the court room.State v. Craft, Mo., 65 S. W. Rep. 280.

65. CRIMINAL TRIAL-Separation of Jury.-A sepa. ration by a jury held insufficient to require a reversal of a conviction of manslaughter.-Eredia v. State, Tex., 65 8. W. Rep. 188.

66. DEATH-Abatement.- An action for wrongful death, under the Tennessee statute, abates and the right of action is extinguished, on the death of the statutory beneficiary in whose favor the right accured. -Sanders' Admx. v. Louisville & N. R. Co., U. 8. C. C. of App., Sixth Circuit, 111 Fed. Rep. 708.

67. DEATH- Excessive Verdict. In an action for death by wrongful act, where deceased left a widow. and four minor children, a verdict of $17,000 held not excessive.-Galveston, H. & S. A. Ry. Co. v. Davis, Tex., 65 S. W. Rep. 217.

68. DEATH-Measure of Damages.-In an action for wrongful death, the measure of damages is such a sum of money as, if paid now, would fairly compensate plaintiffs for the pecuniary loss sustained.-San An tinio & A. P. Ry. Co. v. Waller, Tex., 65 S. W. Rep. 210. 69. DEPOSITIONS-Reading Deposition Not Used by Other Party.-A deposition, not used by party taking it, may be read by the other party.-Ulrich v. Mc Conaughey, Neb., 88 N. W. Rep. 150.

70. DISMISSAL AND NONSUIT-Conditions.-Whenever

justice requires imposition of terms, or retention of case on the docket, the court may impose terms, or refuse to permit dismissal.-Horton v. State, Neb., 88 N. W. Rep. 146.

71. DIVORCE-Support of Child After Divorce.-DI cretion of court as to an amount to be allowed for support of a divorce will not be reviewed.-Setzer v. Setzer, N. Car., 40 S. E. Rep. 62.

72. DOWER-Assignment in Partition Proceedings.— A widow, made a party to partition proceedings, held entitled to have her dower assigned before the parties could sell. Seaman v. Seaman, N. Car., 40 8. E. Rep. 41.

73. DOWER-Limitations.-An action for dower in the district court must be brought within ten-year statute of limitations.-Beall v. McMenemy, Neb., 88 N. W. Rep. 184.

74. ELECTIONS-De Facto Election Officers.-Though the legislature had no power to appoint a board of election commissioners, yet, as it did so, and the persons thus appointed acted and were recognized as such, they were de facto officers, and their acts were valid as to the public and third persons.- Pratt v. Breckinridge, Ky., 65 S. W. Rep. 136.

75. EMBEZZLEMENT-Essential Elements under National Bank Laws.-An intent to injure or defraud the as sociation is made by Rev. St. § 5209, an essential ele. ment of the offense of embezzlement by an officer of a national bank.-McKnight v. United States, U. S. C. C. of App., Sixth Circuit, 111 Fed. Rep. 735.

76. EMBEZZLEMENT-Necessary Allegation in Indictment. In indictment against employee of corporation for embezzlement under Pen. Códe, § 188, held unnecessary to state that accused was employed in the house or place of business of the corporation, or from whom he received the money.-Hayes v. State, Ga., 40 S. E. Rep. 13.

77. EQUITY-Defense of Bona Fide Purchaser.-Defense of bona fide purchaser can be raised in equity only by plea of answer.-Hanchey v. Hurley, Ala., 30 South. Rep. 742.

78. EQUITY Reopening Case for Additional Testimony.-After a cause has been heard, and the court had pronounced what its findings would be, held not abuse of discretion to refuse to permit an amendment involving the reopening of the case for additional testimony and to effect a different result.-Prehm v. Porter, Ma, 65 S. W. Rep. 264.

79. ESTOPPEL-Conveyance Subject to Incumbrances. -Where property is conveyed subject to incumbrances, it does not estop grantee to assert invalidity of apparent lien.-Batty v. City of Hastings, Neb., 88 N. W. Rep. 139.

80. EVIDENCE-Expert Testimony as to Effect of Alcohol. The testimony of physicians as to the effect of alcoholism upon the will power held admissible for the contestants of a will, though based upon what the medical authorities say upon the subject.-Murphy's Exr. v. Murphy, Ky., 65 8. W. Rep. 165.

81. EVIDENCE-Parol Variation of Journal Entries.Parol evidence held inadmissible to supply omission in journal entries to show passage of ordinance.Pickton v. City of Fargo, N. Dak., 88 N. W. Rep. 90.

82. EVIDENCE-Res Gestæ.-In an action for death by wrongful act, the statements of deceased, made immediately after the accident, are admissible as res gestæ.-Galveston, H. & S. A. Ry. Co. v. Davis, Tex., 65 S. W. Rep. 217.

83. EVIDENCE-Secondary Evidence of Contents of Documents.-Where pleadings show contents of document in possession of adverse party must be established, notice to produce held unnecessary in order to permit introduction of secondary evidence.-Nichols & Shepard Co. v. Charlebois, N. Dak., 88 N. W. Rep. 80.

84. EX EPTIONS, BILL OF-Judge Assigning Ground for Rull g8.-A judge can, on presentation of bill of

exceptions to his rulings, assign his ground therefor. -State v. Foster, La., 30 South. Rep. 749.

85. EXECUTION - Notice of Sale.-Notice of sale on execution need not contain statement of amount due. -Stull v. Seymour, Neb., 88 N. W. Rep. 174.

86. EXECUTION-Physical Seizure.-Physical seizure held not necessary to validate a levy of execution on chattels.-Battle Creek Valley Bank v. First Nat. Bank, Neb., 86 N. W. Rep. 145.

87. EXECUTORS AND ADMINISTRATORS-Right of Public Administrator.-An order, made the next day after the death of an intestate, placing his estate in the hands of the public administrator, held void.-Underwood v. Underwood's Admr., Ky., 65 S. W. Rep. 130.

88. EXEMPTIONS-Personal Property.-The head of a family, who has no real property subject to execution, held entitled to have exempt from sale $500 of personal property.-McCormick Harvesting Mach. Co. v. Dunn, Neb., 88 N. W. Rep. 150.

89. FACTORS AND BROKERS When Entitled to Commission.-Real estate broker held not entitled to commission, unless he procured purchaser able, ready, and willing to complete purchase on authorized terms.-Fairchild v. Cunningham, Minn., 88 N. W. Rep. 15.

90. FORGERY-Fallure to Affix Revenue Stamp.-It was proper to refuse to instruct that, if the forged note did not bear a revenue stamp, it would necessitate a verdict of not guilty.-State v. Peterson, N. Car., 40 S. E. Rep. 9.

91. FORGERY-Lost Instrument.-Where, on a prosecution for forgery, the instrument claimed to have been forged is lost, only its substance need be charged in the indictment.-State v. Peterson, N. Car., 40 S. E. Rep. 9.

92. FIRE INSURANCE-Acceptance of Policy Obtained by Agents of Other Companies.-An insurance agent, who, in accordance with a local custom among agents, turned an application over to the agent of another company, which issued a policy thereon, held to be the agent of such company in the transaction.-Queen Ins. Co. of America v. Union Bank & Trust Co., U. S. C. C. of App., Sixth Circuit, 111 Fed. Rep. 697.

93. FIRE INSURANCE-Knowledge of Agent as to Loca. tion of Goods.-Knowledge of an insurance company's agent as to the location of the goods insured and of a chattel mortgage held to be a waiver of the provisions of the policy relating to location and chattel mortgage.-Southern Ins. Co. v. Stewart, Miss., 30 South. Rep. 755.

94. FIRE INSURANCE - Liability of Misconduct of Referee. A party does not assume the consequences of misconduct on part of referee, because it is known to him that he was a professional referee on behalf of the opposite party.-Christianson v. Norwich Union Fire Ins. Soc., Minn., 88 N. W. Rep. 16.

95. FIRE INSURANCE-Option to Pay or Rebuild.-Op. tion to pay damages for alleged loss or to rebuild may be exercised by insurance company at any time before the expiration of the time prescribed in the policy.Lancashire Ins. Co. v. Barnard, U. S. C. C. of App., Eighth Circuit, 111 Fed. Rep. 702.

98. FRAUDS, STATUTE OF - Promise to Pay After Acquired Debt of Another.- Promise of defendant to pay for services rendered to a third person, made before the services were rendered, held within the statute of frauds.-Swigart v. Gentert, Neb., 88 N. W. Rep. 159. 99. FRAUDULENT CONVEYANCES Conveyance to Wife in Excess of Debt Due Her.-Where property conveyed to the wife was in excess of the debt due to her, the property will be sold, and the debt of the wife declared a lien, and any balance paid over to the creditors of the husband.-Wright v. Craig, Oreg., 66 Pac. Rep. 807.

100. FRAUDULENT CONVEYANCES-Deed to Son as Trustee for Wife and Children.-Deed from father to minor children to pay debts due by him to their mother, with provision that the rents shall be applied to the support of the grantees, held not a reservation for the benefit of the grantor, making the deed void. -Eufaula Nat. Bank v. Pruett, Ala., 30 South. Rep. 731. 101. GARNISHMENT Rights of Intervener.-Intervener, in absence of a lien on the fund garnished or an assignment before service of writ, cannot question the validity of the judgment.-Phillips v. Hogue, Neb., 88 N. W. Rep. 180.

102. GARNISHMENT - Validity of Mortgage to Garnishee.-Where garnishee admits possession of property, and asserts mortgage lien thereon, plaintiff can put in issue validity of mortgage.-Grainger v. First Nat. Bank, Neb., 88 N. W. Rep. 121.

103. GIFT-Bond Obligations.-Obligation of bond executed to a father-in-law, binding the obligee to pay a certain sum to his sister-in-law, held not a gift to the latter, requiring delivery.-Eitscheid v. Baker, Wis., 88 N. W. Rep. 52.

104. GUARANTY - Notice of Acceptance.-If one, receiving a guaranty of future credits, does not give reasonable notice of its acceptance, the guarantor will not be bound.-Wanamaker v. Benn, Del., 50 Atl. Rep. 512.

105. GUARDIAN AND WARD-Collateral Attack of Guardian's Sale.-The validity of a guardian's sale cannot be questioned in a collateral proceeding because of his failure to state the price in his report of the sale. Taffinder v. Merrell, Tex., 65 S. W. Rep. 177.

106. HABEAS CORPUS-Release from Commitment.Application for writ of habeas corpus denied, where it did not show that magistrate abused his discretion by committing petitioner; the evidence showing that a crime had been committed probably by the petitioner. -In re Levy, Idaho, 66 Pac. Rep. 806.

107. HIGHWAYS-Liability of Road Overseer for Extravagance. Where a road overseer pays more than services or materials are reasonably worth, and not in good faith, he will be liable as for misconduct in office. -Town of Denver v. Myers, Neb., 88 N. W. Rep. 191.

108. HIGHWAYS-Petition to Establish Paving Dis trict.-Signatures to petition to establish paving districts which did not bind the owners of the property affected should not be counted in passing on validity of petition.-Batty v. City of Hastings, Neb., 88 N. W. Rep. 139.

109. HOMESTEAD - Homestead Without Residence of Wife.-Mortgage on government lands, about five months after proof of entry, where wife never actually resided on the land, held valid.-Broken v. Baumann, N. Dak., 88 N. W. Rep. 84.

110. HOMICIDE-Convict Resisting Arrest.-Where an escaping convict procures a loaded rifle and kills one of the posse attempting his rearrest, the killing is murder in the first degree.-State v. Craft, Mo., 65 S. W. Rep. 280.

States are to be determined by the rules of the common law.-United States v. Lewis, U. S. C. O., W.D. Tex., 111 Fed. Rep. 630.

113. HUSBAND AND WIFE-Debt Due Husband from Wife. Where the compensation for services rendered by husbands to their wives in the management of business belonging to the wives is more than sufficient to support and maintain their families, the excess is a debt due from the wives and subject to claims of husbands' creditors.-Catlett v. Alsop, Va., 40 S. E. Rep, 34. 114. HUSBAnd and WiFE-Joinder of Wife in Mort. gage Deed.-Under Const. 1868, the joinder of a wife in a mortgage deed held unnecessary as to property pur. chased in 1854.- Cawfield v. Owens, N. Car., 40 S. E. Rep. 62.

116. INDICTMENT AND INFORMATION-Evidence of Violation After Information. Under an information charging violation of an ordinance, evidence of violation after information filed will not support con. viction.-City of St. Joseph v. Dienger, Mo., 65 S. W. Rep. 223.

117. INJUNCTION-Counsel Fees as Element of Damages.-Counsel fees on trial of case held not an element of damages for injunction wrongfully obtained, where the injunction was ancillary to the main case.-Cunningham v. Finch, Neb., 88 N. W. Rep. 158.

118. INSANE PERSONS-Inquisition Without Notice or Presence of Alleged Lunatics.-An order appointing a committee for a lunatic, when the lunatic was not present and had no notice of the proceeding, was void, and was not constructive notice of anything.-Arnett's Committee v. Owens, Ky., 65 S. W. Rep. 151.

119. JUDGES-Stipulation Selecting Special Judge.An attorney in a criminal case held to have authority to bind his eilent by stipulation selecting special judge, under Rev. St. 1899, §§ 1679, 1683.-State v. Downs, Mo., 65 8. W. Rep. 258.

120. JUDGMENT-Default Without Personal Service.Under Rev. St. 1899, § 570, a judgment by default on service of summons failing to show that a copy of the petition and writ were left at the usual place of abode of defendant is void.-Rosenberger v. Gibson, Mo., 65 S. W. Rep. 237.

121. JUDGMENT-Entry of Judgment by Initials.-A judgment on a judgment note, entered in favor of an assignee of the note by his initials, and not his full christain name, is void.-Dickerson v. Kelley, Del., 50 Atl. Rep. 512.

122. JUDGMENT- Fraud in Obtaining Judgment.Fraud in obtaining a judgment may be pleaded as a defense to an action for its enforcement, brought in the same court in which the judgment was rendered.Ft. Jefferson Imp. Co. v. Greene, Ky., 65 S. W. Rep. 161.

123. JUDGMENT- Relief Against Fraudulent Satis. faction.-On application for relief against fraudulent satisfaction of a judgment, money paid will be credited on the judgment without restitution thereof.-Fox v. State, Neb., 88 N. W. Rep. 176.

124. JUDGMENT-Right of Court to Amend Order in Term.-The rule that the court has full control over its orders during the term held to apply to a dismissal entered at instance of plaintiff.-Horton v. State, Neb., 88 N. W. Rep. 146.

125. JUDGMENTS-Where Plaintiff After Demurrer Declines to Plead Further.-Where plaintiff has replied to defendant's pleas, and a demurrer is interposed, but not disposed of, held error to render judgment against plaintiff for declining to plead further.-Louis. ville & N. R. Co. v. Walker, Ala., 30 South. Rep. 738.

126. JURY-Disqualification.- A juror in a criminal case held not disqualified simply if he has formed no

pinion as to defendant's guilt.-State v. Craft, Mo., 65 S. W. Rep. 280.

127. JUSTICE OF THE PEACE-Failure to Enter Bill of Particulars.-Failure of justice to enter a bill of particulars on his docket held not prejudicial error.Kuker v. Beindorff, Neb., 88 N. W. Rep. 190.

128. JUSTICES OF THE PEACE- Taxation of Costs.Taxation of costs by a justice of the peace on motion for change of venue is fixed and absolute.-Moss v. Lindsay, Neb., 88 N. W. Rep. 119.

129. LANDLORD AND TENANT-Sublessee as Trustee for Lessees. Lessors are necessary parties in a suit by lessees against their sublessee to have a lease taken by him declared in trust for the lessees.-Cook v. Basom, Mo., 65 8. W. Rep. 227.

130. LARCENY-Mortgaging Stolen Property.-On a prosecution for theft, a certified copy of a chattel mortgage executed by the accused on the alleged stolen article held admissible in evidence.-Swanner v. State, Tex., 65 S. W. Rep. 186.

131. LIBEL AND SLANDER - Words Charging Incon. tinency. Whether words charging incontinency were a violation of a Code, § 1113, held to be a question for the jury.- State v. Harwell, N. Car., 40 8. E. Rep. 48.

132. LICENSES-Butchers and Cattle Buyers.-Laws 1899, ch. 11, § 51, subjects to license tax a person, not being a farmer, who buys cattle, butchers them, and sells the meat at his store in a town.-State v. Carter, N. Car., 40 8. E. Rep. 11.

133. LICENSES-Sale of Cattle.- Under Pub. Laws 1899, ch. 11, §§ 51, 71, held, that cattle bought by farmers to be grazed and fattened on their farms could be sold without a license.-State v. Spaugh, N. Car., 40 S. E. Rep. 60.

134. LIFE INSURANCE-Defense of Suicide.-The bur. den rests upon a life insurance company to establish a defense of suicide, pleaded in an action on the policy -Fidelity & Casualty Co. of New York v. Love, U. S C. C. of App., Fifth Circuit, 111 Fed. Rep. 773.

135. LIMITATION OF ACTIONS-One of Several Parties to Bill Barred.-Where rights of one of several parties to a bill are barred by limitations, no relief can be granted.-Love v. Butler, Ala., 30 South. Rep. 735.

136. MALICIOUS PROSECUTION-Communicating All Facts to Attorney.-Where a party has communicated to his attorney all the facts of which he has knowl. edge, or could have ascertained by reasonable dili gence and inquiry, the want of probable cause is negatived, in the absence of malice.-Sandoz v. Veazie, La., 30 South. Rep. 767.

137. MALICIOUS PROSECUTION-Loss of Credit.-Evidence as to loss of credit held admissible under a general court for exemplary damages in an action for malicious prosecution.-Curlee v. Rose, Tex., 65 S. W. Rep. 197.

138. MANDAMUS-Issuance of Liquor License.-Mandamus granted to compel issuance of liquor license, if applicant is a proper person and the place at which he wishes to sell a proper place.-Loughran v. City of Hickory, N. Car., 40 S. E. Rep. 46.

139. MANDAMUS-Suspending Judgment of Mandamus. -A judgment awarding mandamus, from which an appeal has been granted, may be suspended by the execution of a supersedeas bond.-Wyatt v. Ryan, Ky., 65 S. W. Rep. 129.

140. MASTER AND SERVANT-Assuming Risk of Fellow. Servant's Incompetency.-A servant held not necesarily to have assumed the risk of the incompetency of a fellow servants where he gives notice to the master of such incompetency, who promises to discharge him, in consequence of which plaintiff is induced to remain in the master's service and is injured.-Gray v. Red Lake Falls Lumber Co., Minn., 88 N. W. Rep. 24. 141. MASTER AND SERVANT-Assumption of Risk.Servant held not to have assumed the risk incident to his employment, where he was working under the di

rect superintendence of his foreman.-Faulkner v. Mammoth Min. Co., Utah, 66 Pac. Rep. 799.

142. MASTER AND SERVANT-Foreman and Employee as Fellow Servants.-Under the statutes of Texas, the foreman of a bridge gang on a railroad is not a fellowservant with a workman under his charge and control, but is a vice-principal, for whose negligence, resulting in an injury to the workman, the company is respon. sible.-Texas & P. Ry. Co. v. Carlin, U. 8. C. C. of App., Fifth Circuit, 111 Fed. Rep. 777.

143. MASTER AND SERVANT-Foreman as Fellow Serv. ant. In an action against a master for Injuries from failure of defendant's foreman to give plaintiff warning of danger, held, that the plaintiff and foreman were fellow-servants. — Mikolojczak v. North American Chemical Co., Mich., 88 N. W. Rep. 75.

144. MASTER AND SERVANT-Servant's Lack of Knowl. edge of Defect.-Where a railway brakeman did not know of the defective condition of a switch, the fact that he might have gained such knowledge by inspecting it is no defense in an action for his death.-San Antonio & A. P. Ry. Co. v. Waller, Tex., 65 8. W. Rep. 210.

145. MECHANICS' LIENS Cross Bill Alleging Dam. ages. In a suit to enfore a mechanic's lien under Gen. St. p. 2078, defendant's answer, by way of a cross bill, alleging damages resulting from complainant's fail. ure to perform his contract, held properly dismissed. -Norton v. Sinkhorn, N. J., 50 Atl. Rep. 506.

146. MECHANICS' LIENS-Superior to Mortgagee.-A lien of a mechanic held superior to the rights of a mortgagee purchasing at foreclosure sale after the filing of the lien.-Hanchey v. Hurley, Ala., 30 South. Rep. 742.

147. MINES AND MINERALS-Relocation After Entry.After entry of a mining claim in the land office, a relocation of the premises cannot be made by another so long as that entry stands, and such a relocator acquires no rights of possession or otherwise which will sustain a suit by him in the courts to compel a conveyance to him of the legal title.-Neilson v. Champalgne Min. & Mill. Co., U. S. C. C., D. Colo., 111 Fed. Rep. 655.

148. MORTGAGES-Deficiency Judgment on Foreclosure. Where judgment for deficiency is asked on foreclosure, and entered, defendants cannet, while such decree is in force, set up defense on motion for deficiency judgment, though they were not liable.-Patrick v. Nat. Bank of Commerce, Neb., 88 N. W. Rep. 183.

149. MORTGAGES-NO Lien Without Proper Acknowl edgment. It is a rule of property in Arkansas, that a mortgage, although filed for record, creates no lien as against subsequent purchasers unless it is properly acknowledged, even when such purchasers have actual knowledge of its existence and contents.-Cumberland Bldg. & Loan Assn. v. Sparks, U. S. C. C. of App., Eighth Circuit, 111 Fed. Rep. 647.

150. MORTGAGES - Survivorship Between Mortgage Trustees.-Where there are two trustees in a mortgage with power of sale, the power devolves on the sur. vivor.-Cawfield v. Owens, N. Car., 40 S. E. Rep. 62.

151. MORTGAGES-When Mortgagee is Liable for Rents.-Where a deed absolute in form is in fact a mortgage, grantee in possession held a mortgagee in possession, and liable for rents and profits.-Richter v. Noll, Ala., 30 South. Rep. 740.

152. MUNICIPAL CORPORATIONS-Injury from Snow on Sidewalk.-City charter and Rev. St. 1898, § 1339 (as amended by Laws 1899, ch. 305), held to absolve city from liability for injuries arising from accumulation of snow on sidewalk, unless the same existed contin. uously for three weeks immediately prior to the hap. pening of the injury.-Byington v. City of Merrill, Wis., 88 N. W. Rep. 26.

153. MUNICIPAL CORPORATIONS Knowledge by Plaintiff of Defective Sidewalk.-That plaintiff was

familiar with the conditon of the sidewalk was not such conclusive evidence of negligence on his part as to entitle defendant to a peremptory instruction.Town of Fordsville v. Spencer, Ky., 65 S. W. Rep. 132. 154. MUNICIPAL CORPORATIONS-Preventing Obstruction of Public Street.-A landowner may maintain inJunction to prevent the obstruction of a public street which runs along the side of his property, he having an especial interest therein.-Longworth v. Sedevic, Mo., 65 S. W. Rep. 260.

155. MUNICIPAL CORPORATIONS-Requisites in Passage of Ordinance.-Where journal entries show only that on passage of an ordinance the yeas and nays were called, and a majority of the council voted, but omitted to show the names of the members or how each voted, the ordinance was not legally adopted.Pickton v. City of Fargo, N. Dak., 88 N. W. Rep. 90.

156. MUNICIPAL CORPORATIONS-Unwarranted Exten. sion of Franchise.-Extension of franchise, though made in the form of an ordinance, held not free from the interposition of the courts by injunction, where contrary to the city's statutory charter.-Poppleton v. Moores, Neb., 88 N. W. Rep. 128.

157. NAMES-Proof of Signature.-On a prosecution for theft, a copy of a chattel mortgage on the alleged stolen article, signed by "W G S," was admissible where it was shown the accused signed his name in this manner, though he was generally known as "Green S."-Swanner v. State, Tex., 65 S. W. Rep. 186.

158. NEGLIGENCE - Allegations of Negligence as to Spreading Fires.-A petition alleging that defendant set out a fire which spread to plaintiff's premises held not to state a cause of action showing negligence of defendant.-Vansyoc v. Freewater Cemetery Assn., Neb., 88 N. W. Rep. 162.

159. NEGLIGENCE - Averment of Contributory Negli. gence. In an action for personal injury, it is not incumbent upon the plaintiff to aver that he is not Winguilty of contributory negligence.-City of chester v. Carroll, Va., 40 S. E. Rep. 37.

162. NEGLIGENCE Meaning of "Accident."-The word "accident" held to mean the result of human fault which is actionable negligence.-Ullman v. Chicago & N. W. Ry. Co., Wis., 88 N. W. Rep. 41.

163. NEGLIGENCE-Proof of Contributory Negligence. -In an action for the death of an employee, the defendant held not bound to sustain a plea of contributory negligence by proof that, but for the alleged contributory negligence of plaintiff, the accident would not have occurred.-Norfolk & W. Ry. Co. v. Cromer's Admr., Va., 40 S. E. Rep. 54.

164. NEGLIGENCE-When a Question of Law.-A ques tion of negligence dependent on evidence is one of law for the court only where there is no material conflict and the facts are such that all reasonable men must draw the same conclusions from them.-Texas & P. By. Co. v. Carlin, U. S. C. C. of App., Fifth Circuit, 111 Fed. Rep. 777.