show boundary of a city lot.- Klinker v. Schmidt, Iowa, 87 N. W. Rep. 661.

BOUNDARIES-Local Customs.-A local custom with regard to location of division lines in platting additions to a city will not govern, where such lines are otherwise located by deed.-Palmer v. Osborne, Iowa, 87 N. W. Rep. 712.

Holding

BUILDING AND LOAN ASSOCIATIONS Stock in Other Associations.-That the purchase by a building and loan association of the stock in another building and loan association is ultra vires held not to entitle the purchasing association toja preference over the stockholders in the distribution of the assets of the other company in case it passes into voluntary liq. uidation.-No. 2 Fidelity Bldg. & Sav. Unión v. No. 4 Fidelity Bldg. & Sav. Union, Ind., 61 N. E. Rep. 218.

BURDEN OF PROOF-Possession of Land.-In an ac tion to recover possession of land, where plaintiff's claim is controverted, the burden of proof is on him. -Klinker v. Schmidt, Iowa, 87 N. W. Rep. 661.

-

--

CARRIERS Passenger on Free Pass. The obliga. tion of a carrier as to the care required for the safety of a passenger is precisely the same to a passenger riding on a free pass as to those who pay fare, in the absence of a special agreement by which he assumed the risk of injury from the negligence of the carrier or its servants.-In re California Nav. & Imp. Co., U. S. D. C., N. D. Cal., 110 Fed. Rep. 670.

CHATTEL MORTGAGES-Equity Foreclosure.-Equity bas jurisdiction to foreclose a chattel mortgage, the statutory method not being exclusive. Waldon, Neb., 87 N. W. Rep. 539.

Meeker v.

CHATTEL MORTGAGE-Waiving Statute of Foreclos. ure.-Chattel mortgagor can waive benefit of statute as to foreclosure.-Marseilles Mfg. Co. v. Perry, Neb., 87 N. W. Rep. 544.

CHATTEL MORTGAGE-Whole Description.-In an action by a mortgagee to recover mortgaged cattle wrongfully sold by mortgagor, the whole description in the mortgage must be considered.-Packers' Nat. Bank v. Chicago, M. & St. P. R. Co., Iowa. 87 N. W. Rep. 653.

COLLISION

Ferryboat Violating Navigation Rules.-A ferry boat, having violated navigation rules as to crossing in front of a tug and tow, held at fault for collision, and thence not entitled to maintain a libel against the tug and tow for damages. - The Thomas B. Garland, U. S. D. C., S. D. N. Y., 110 Fed. Rep. 687.

CONSTITUTIONAL LAW-One Not a Sufferer.-Statutes will not be declared unconstitutional at the suit of one who is not a sufferer from their unconstitutional provisions.-State v. Currans, Wis., 87 N. W. Rep.

561.

CONSTITUTIONAL LAW-Taking Land Under Section. -Railroad company taking land under Code § 1998 et seq., held precluded from questioning the constitu tionality of section 2007.-Gano v. Minneapolis & St. L. R. Co., Iowa, 87 N. W. Rep. 714.

CONTRACTS

Agreement with Railroad to Extend Track. Money advanced to street car company, under a written agreement to extend its track to plaintiff's driving park by given date, held not con. sideration for continuing track in operation for any definite period.-Barney v. Indiana Ry. Co., Ind., 61 N. E. Rep. 194. CONTRACTS Building Contract. In action on building contract, certificate that plaintiffs were entitled to certain payments held properly admitted in evidence.-Balley, Milliken & Bland v. Trustees of Presbyterian Board of Publication and Sabbath School Work, Pa., 50 Atl. Rep. 160.

CONTRACTS-Consideration-Allegation that a con tract was made in consideration of services previously rendered held not a sufficient allegation that such services were the consideration for the contract.— Moore v. Elmer, Mass., 61 N. E. Rep. 259.

Restraint of Trade. A provision in a note, limiting the privilege to make payment thereof before maturity to money not borrowed in whole or In part elsewhere, is not contrary to public policy or in restraint of trade.-Sheneberger v. Union Cent. Life Ins. Co., Iowa, 87 N. W. Rep. 493. CONTRACTS

Restraint of Trade.-Agreement not

to enter into a particular contract nor seli materials in a certain city for a certain time held not void, as against public policy,' because being in restraint of trade.-Marshalltown Stone Co. v. Des Moines Brick Mfg. Co., Iowa, 87 N. W. Rep. 496.

CORPORATIONS-Commissions to Officers.-A corporation is chargeable with the knowledge of its directors or officers that an officer is to receive certain commissions for selling property to the corporation. -Blood v. La Serena Land & Water Co., Oal., 66 Pac. Rep. 817.

CORPORATIONS-Compensation of Officers.-Where a member and officer of a corporation render services under circumstances indicating no intention to charge or pay therefor, he cannot afterwards recover com. pensation.-Whittemore v. Kent Scientific Institute, Mich., 87 N. W. Rep. 623.

CORPORATIONS-Declarations of Officers.-Declarations of officers of a corporation binding on it only when made in connection with its business.-Whitney v. Wagner, Minn., 87 N. W. Rep. 602. CORPORATIONS Personal Decree Against Sole Ownership of Corporation.-A bill praying a personal decree against a debtor as the sole owner of a cor. poration will not support a decree against one of the stockholders thereof.-Thompson v. Keck Mfg. Co., Tenn., 64 S. W. Rep. 709.

CORPORATIONS-Sale of Stock.-Directors of corporation may not provide that new issue of stock shall be sold to the one making the highest secret bid.-Electric Co. of America v. Edison Electric Illuminating Co., Pa., 50 Atl. Rep. 164.

COSTS-Abstracts.-Where appellant files a full and correct abstract, and appellee, on cross-appeal, files an abstract containing no material matter not found in appellant's, the cost of appellee's abstract should, on affirmance, be taxed to him.-Newberry v. Newberry, Iowa, $7 N. W. Rep. 668.

COSTS-Recovered Without Demand.-Under Code, § 8853, costs may be recovered by a successful plaintiff without a demand therefor in his petition.-Reed v. Corrigan, Iowa, 87 N. W. Rep. 676.

COUNTIES-Salaries of Officers.-Under Act March 31, 1876, providing for salaries of officers in counties with more than 150,000 inhabitants, the officers become salarled when such fact is legally ascertained.-Lewis v. Lackawanna County, Pa., 50 At!. Rep. 162.

COUNTIES Supervisors. Under Code 1892, § 79 circuit court held to have jurisdiction, on an appeal', from county supervisors in which no bill of exceptions is filed, only to dismiss the appeal.-Yandell v. Madison County, Miss., 30 South. Rep. 606.

COURTS-Power to Make Rules.-Under Const. art. 6, § 5, and Comp. Laws 1897, § 196, circuit courts have no inherent power to make rules regulating their own practice.-Detroit, G. R. & W. R. Co. v. Eaton Circuit Judge, Mich., 87 N. W. Rep. 641.

CRIMINAL LAW.-Objection that criminal complaint is verified on information and belief held waived by pleading to the merits or giving recognizance.-In re Cummings, Okla., 66 Pac. Rep. 332.

Stone Co., Mo. App., St. Louis, No. 8278, decided Nov. 5, 1901.

DEATH

Pecuniary Loss of Heirs. Under Code Civ. Proc. Cal. § 377, giving a right of action for wrongful death, damages are recoverable only where the heirs of the deceased are shown to have sustained pecuniary loss by reason of his death.-In re California Nav. & Imp. Co., U. S. D. C., N. D. Cal., 110 Fed. Rep. 678.

DEATH-Son Supporting Mother.-Where there was evidence to show that deceased was assisting his father in supporting his mother and their children, evidence of existence of such relatives held admissible.-South Omaha Waterworks Co. v. Vocasek, Neb., 87 N. W. Rep. 536.

DEEDS-Delivery.-The production of a deed by attorneys for plaintiff, with their statement that it was delivered to them for plaintiff, held prima facie evi. dence of delivery of the deed to plaintiff.-Hathaway v. Cass, Minn., 87 N. W. Rep. 610.

DEEDS Particular Controling General Description.-Where a deed excepted out of the sale "the southeast corner" of the tract conveyed, which was particularly described as the two roods of land sold to a turnpike company, the particular description must control.-Vallandingham v. Taylor, Ky., 64 S. W. Rep.

725.

DIVORCE Changing Custody After Decree. Where a divorced wife asked for an order requiring the husband to support the children, the custody of which had been awarded to her, the, court had jurisdiction to award the custody of one of the children to the husband upon his motion therefor, though he had given no notice of such a motion.-Conrad v. Conrad, Ky., 64 S. W. Rep. 674.

ELECTIONS-Basis of Appointment.-The highest vote polled for member of congress by any one political party should be basis for appointment of regis trar, without counting the vote cast for the same candidate on ticket of another party.-Hamer v. Adams, Utah, 66 Pac. Rep. 294.

ELECTIONS-Tally Sheets.-Under Election Law, 1899, §§ 47, 48, the certificates of judges of election are nulli. ties; the tally sheets returned to them from the voting precinct being conclusive.-Epley v. Moore, Okla., 66 Pac. Rep. 337.

ELECTRICITY

Wires Insolated on Roof. One working on roof of building near electric wires may presume that they are properly insulated.- Willv. Edison Electric Illuminating Co., Pa., 50 Atl. Rep. 161. ELECTRICITY-Evidence of Negligence.-For the purpose of showing that an electric company should bave known of defective insulation, evidence that wire spit fire several times before the accident held admissible.-Will v. Edison Electric Illuminating Co., Pa., 50 Atl. Rep. 161.

EMINENT DOMAIN Street Opening.-Under Comp. Laws, ch. 90, § 6, a juror in a street opening case is not Incompetent because of having served in a similar case within three years previous.-City of Detroit v. Heineman, Mich., 87 N. W. Rep. 618.

EMINENT DOMAIN-Tenants Under Lease.-Tenants under lease, subject to termination by exercise of eminent domain, held not entitled to value of unexpired term.-In re City of New York, N. Y., 61 N. E. Rep.

249.

EQUITY-Advancement from Wife.-An assignee's right of action on a claim for moneys advanced by a wife to her husband, since deceased, is cognizable in equity.-Harrison v. Patterson, N. J., 50 Atl. Rep.

113.

EQUITY-Effecting Intention of Party.-Though a lease recited that a certain sum is to be paid as rent, equity will declare the same to be interest for the use of certain money, if that is the intention of the par ties.-Bigler v. Jack, Iowa, 87 N. W. Rep. 700.

ESTOPPEL-Private Letter.-A letter written by a person in possession of real estate funder an unre. corded title bond to a purchaser after the latter has purchased the land, held not to estop such equitable owner from maintaining a suit to obtain title to the property.-Scott v. Lewis, Oreg., 66 Pac. Rep. 299. ESTOPPEL-Silence.-To estop a party by silence, it must appear that the person claiming benefit of the estoppel was ignorant of the rights of the parties against whom it is alleged.-Union State Bank v. Hutton, Neb.. 87 N. W. Rep. 933. EVIDENCE

Conclusion of Witness. A question as to a servant's earning capacity held not objectionable, in a suit for injuries, as calling for a conclusion of the witness.-Wimber v. Iowa Cent. Ry. Co., Iowa, 87 N. W. Rep. 505. EVIDENCE Conversation Between Business Partners. One of two plaintiffs, suing as partners, should not have been allowed to testify as to a conversation had with his partner in the absence of defendant.— Boltz v. Miller, Ky., 64 S. W. Rep. 630.

EVIDENCE-Declarations.-Declarations accompanying delivery of a note by an agent to his principal held admissible in a suit thereon.-Golden v. Vyse, Iowa, 87 N. W. Rep. 691.

EVIDENCE-Expert Testimony.-Where an employee was injured by defective machinery, a witness quali filed as an expert may give his opinions with reference to relative strength of wrought and cast iron, as provided in Code Oiv. Proc. § 1870, subd. 9.-McFaul v. Madera Flume & Trading Co., Cal., 66 Pac. Rep. 308. EVIDENCE Expert Testimony.- Where plaintiff was injured by the breaking of a harvester, expert testimony is proper on the testimony whether the bolt and nut which caused the accident were sufficient.Snyder v. Holt Mfg. Co., Cal., 66 Pac. Rep. 311.

EVIDENCE-Intervener.-Intervener, claiming fund injdispute, must, if his claim is adverse to both, establish it by a preponderance of evidence.-Racek v. First Nat. Bank, Neb., 87 N. W. Rep. 542.

EVIDENCE-Objection After Answer.-Where objections to questions asked on the trial were interposed after the answers had been given, it was not prejudicial error to allow the witness to complete his testímony on the subject.-Brooks v. City of Sioux City, Iowa, 87 N. W. Rep. 682.

EVIDENCE State Statutes. Under Rev. St. 1898, § 4136, certain volumes claimed to be the statutes of another state held properly admitted in evidence.-Hollister v. McCord, Wis., 87 N. W. Rep. 475.

EXECUTION-Sufficient Description.-Under Code, § 3991, a notice that property levied on by the sheriff under the execution was the property of another held to contain a sufficient description of the property.Murray v. Thiessen, Iowa, 87 N. W. Rep. 672.

EXECUTORS AND ADMINISTRATORS - Evidence of Death. In an action by executors in their representative capacity, the introduction of the letters testamentary is sufficient evidence of the death of deceased and the order of court appointing them executors.-Garthwaite v. Bank of Tulare, Cal., 66 Pac. Rep.

326.

EXECUTORS AND ADMINISTRATORS-Filing of Claims. -The owner of a note, relying on a bank's assertion that his note, deposited therein, had been filed as a claim against the estate of decedent maker, held entitled to equitable relief against estate where the note

had not been so filed.-Manatt v. Reynolds, Iowa, 87 N. W. Rep. 683.

EXECUTORS AND ADMINISTRATORS—Findings on Ap peal.-Where, on appeal from the order of probate court allowing an administrator's account, the circuit court has found the facts, such findings are final on all questions.-Gee v. Hasbrouck, Mich., 87 N. W. Rep.

621.

Laches.

EXECUTORS AND ADMINISTRATORS Where an executor has permitted several years to elapse, his application to vacate a county court's order for the payment of claims will be denied for laches.-Weadock v. Ray, Wis., 87 N. W. Rep. 477.

EXECUTORS AND ADMINISTRATORS-Recovering Trust Moneys.-A decree limiting creditors held to be no defense to an action to recover trust moneys, where the executor and sole devisee are parties defendant.Harrison v. Patterson, N. J., 50 Atl. Rep. 113. EXECUTORS AND ADMINISTRATORS Sufficient Ap. pointment.-An order of a county court reciting that plaintiff, "having been appointed" administratrix, executed bond, will be treated as making the appointment.-Louisville & N. R. Co. v. Edmonds' Admx., Ky., 64 S. W. Rep. 727.

EXECUTORS AND ADMINISTRATORS-Validity of Appointment. In an action on an administrator's bond, both the administrator and his sureties are estopped from denying the validity of his appointment.-Nash v. Sawyer, Iowa, 87 N. W. Rep. 707.

FINES-Payment to Informer.-St. 1901, p. 121, providing that a portion of certain fines collected should be paid to the informer, held in violation of Const. art. 11, § 8, devoting all fines to educational purposes. -Ex parte McMahon, Nev., 66 Pac. Rep. 294.

FIRE INSURANCE Proof of Loss. In an action on a policy requiring sworn proof of the loss to be "forth with rendered," held, that the policy was forfeited where the loss occurred on October 3d and the proof was not sent until December 8th.- Parker v. Farmers', Fire Ins. Co., Mass., 61 N. E. Rep. 215.

FIXTURES-Removal.-Right of tenant to remove agricultural fixures expires with the tenancy.-Stevens v. Burnham, Neb., 87 N. W. Rep. 546.

FORCIBLE ENTRY AND DETAINER-Question in Litiga. tion. In forcible entry, right to possession alone can be litigated, where damages and rent are not claimed. -Vidger v. Nolin, N. Dak., 87 N. W. Rep. 593.

FRAUDULENT CONVEYANCES-Subsequent Creditor.Subsequent creditor cannot assail fraudulent transfer without showing actual fraud as to him.-Racek v. First Nat. Bank, Neb.,187 N. W. Rep. 542.

FRAUDULENT CONVEYANCES-Transfers in Trust.Transfers in trust for use of person making the same are void as to creditors.-Racek v. First Nat. Bank, 87 N. W. Rep. 542. HIGHWAYS

Claim Against Commissioner.

Claim against county for services as member of board of supervisors, filed under Acts) 1890, ch. 280, § 8, held barred in three years.-Madison Co. v. Collier, Miss. 30 South. Rep. 610.

HIGHWAYS Proceedings for Opening. — Under Code, § 1489, where a road is specifically ¡pointed out as extending a number of feet on each side of a sec. tion line, mere failure to survey and plat the road will not invalidate the proceedings for its opening.-Palmer v. Clark, Iowa, 87 N. W. Rep. 502.

HOMICIDE-Retreat.-One assaulted held not bound to retreat, but justified in standing his ground and repelling the attack with necessary force.-Mahaffey v. Territory, Okla., 66 Pac. Rep. 342.

HUSBAND AND WIFE-Agreement to Pay Wife an Annuity.-Under Code, § 3154, an agreement by a husband to pay his wife an annuity for life, secured by、 lien on his landə, and to convey a life estate in other land, in consideration of her relinquishing all other interest in his estate, is vold.-Newberry v. Newberry, Iowa, 87 N. W. Rep. 658.

HUSBAND AND WIFE-Liability of Father-in-Law for Support.-In an action by a wife against her father-inlaw for support on being deserted by her husband, conversations between the husband and wife held not barred by Code, § 4607.-Wright v. Wright, Iowa, 67 N. W. Rep. 709.

HUSBAND AND WIFE-Post-Nuptial Settlement.-Absence of waiver by a married woman of her equities in favor of her husband held a sufficient basis for a postnuptial judicial settlement in favor of herself and her children.-Brown v. Wadsworth, N. Y., 61 N. E. Rep.

writ of possession on judgment in ejectment suit, after prosecution of sult has been enjoined and injunction bond given, held breach of the injunction.-Ex parte Miller, Ala., 30 South. Rep. 611.

INSURANCE - Assessments.-Under Rev. St. 1898, § 1962, an assessment levied on all policy holders of a mutual hail insurance company held valid, though not confined to those who were members when the loss occurred.-Gilman v. Druse, Wis., 87 N. W. Rep. 657.

INTEREST On Wages.-In an action for wages, plaintiff can recover interest at 7 per cent. from six months after payment was due.-Mullaly v. Dingman, Neb., 87 N. W. Rep. 543.

INTERNAL REVENUE Failure to Affix Stamp to Instrument.-The failure to affix a stamp to an instrument, as required by a revenue act of congress, does not render the writing void.-Steeley's Creditors v. Steeley, Ky., 64 S. W. Rep. 642.

INTOXICATING LIQUORS-Application for License.On the trial of an application for a liquor license, evidence that the applicant has previously violated the law is admissible, though not sufficient to con. vict him of a criminal offense.-Watkins v. Grieser, Okla., 66 Pac. Rep. 332.

INTOXICATING LIQUORS Ordinance of Munic ipality.-Under Code, §§ 680, 2455, held, that a city council may pass an ordinance, not in conflict with the state law, regulating the closing of saloons on election day.-City of Iowa City v. McInnerny, Iowa, 87 N. W. Rep. 498.

INTOXICATING Liquors-Sale to Minor.-Under Laws 1897, ch. 72, § 11, an accused indicted for selling intoxi. cants to a minor may show that he acted in good faith and was innocently ignorant of the purchaser's minority.-State v. Bradley, S. Dak., 87 N. W. Rep. 590. INTOXICATING LIQUORS-Subrogation of Sureties on Bond for Tax Judgment.-Sureties on a saloon keeper's bond held not entitled, on payment of a judgment for the tax due under the mulet law, to be subrogated to the rights of the county under a prior decree against the owner of the premises occupied by the saloon keeper.-Knoll v. Marshall County, Iowa, 87 N. W. Rep. 657.

INTOXICATING LIQUORS- Surrender of Tax Certifi ate. Under liquor tax law, there is no property right, on surrender of tax cerrtificate, where there is any prosecution pending at time of surrender, or within 30 days thereafter.- People v. Oullinan, N. Y., 61 N. E. Rep. 243.

JOINT STOCK COMPANIES—Demand of Election.-One purchasing shares in a partnership association, refused an election to membership, held entitled to interest on his shares only from time o demand for election.-Carter v. Producers' Oil Co., Pa., 50 Atl. Rep. 167. JUDGMENT - Insufficient Findings. The insufficieney of the findings of fact to support the judgment held a defect on the face of the record and reviewable. -Strauss v. City of Wilmington, N. Car., 39 S. E. Rep. 172.

JUDGMENT — Levy Against Town and not County. -A judgment creditor's remedy for the amount due him under the judgment tax levy against the town held to be against the town, and notĵagainst the county.State v. Rell, Wis., 87 N. W. Rep. 478.

JUDGMENT-Final Decree.-Where there is no final judgment in a case, any decree rendered is not con. clusive as to one not a party.-Benne Water Co. v. Borough, of Millvale, Pa., 50 Atl. Rep. 155.

JUDGMENT— Lien. — Judgment of district court in on action commenced before the term at which it was rendered held a lien on lands within the county from the first day of the term.-Doe v , Neb., 87 N. W. Rep. 535.

JUDGMENT-Motion to Set Aside.-Affidavit of merits on motion to set aside a default judgment held not such as to authorized appellate court in disturbing the action of the trial court in denying the motion.Byrnes v. American Mut. Fire Ins. Co., Iowa, 87 N. W. Rep. 699.

JUDGMENT-Notwithstanding Verdict.-A motion for judgment notwithstanding verdict cannot be granted, where moving party did not request trial court to direct a verdict.-Sayer v. Harris Produce Co., Minn., 87 N. W. Rep. 617.

JUDGMENT - - Overruling Motion to Set Aside Default.-A judgment overruling a motion to set aside a default judgment cannot be reversed, where no grounds were filed with the motion, as required by Civ. Code Prac. § 343.-Dixon v. Wood, Ky., 64 S. W. Rep. 724.

JURY Challenges. A juror, who states that, not withstanding (a previous opinion, he thinks he can give accused a fair trial and not be influenced by such opinion, is not subject to challenge for that cause.State v. Bone,.87 N. W. Rep. 507.

JURY-Right of Trial by Jury.-Violator of Madison City Ordinance, ch. 7. § 4, held not entitled to consti. tutional trial by jury, though criminal act is also pun ishable by Rev. St. 1898, § 4569, and at common law. Ogden v. City of Madison, Wis., 87 N. W. Rep. 568.

LANDLORD AND TENANT Agreement to Convey to Tenant. That a contract of renting contained anagreement,by the landlord to sell and convey the property to the tenant for a certain sum, etc., did not convert the contract into a contract of sale, where the tenant never paid the rent according to agreement.Colored Homestead & Building Assn. v. Harvey, Ky., 64 S. W. Rep. 676.

LIBEL AND Slander Libel on a Class of Persons. -Where a libel is directed to a particular class of per.

LIMITATION OF ACTIONS - Action to Recover Money Received.-An action to recover money received which defendant has promised within five years to pay plaintiff¡is not barred by limitations.-Maize v. Bradley, Ky., 64 S. W. Rep. 655.

LIMITATION OF ACTIONS- Commencement of Action to Sequestrate Property of Corporation.-Commencement of action to sequestrate property of corporation by creditor held to toll limitation as to the corporation and its stockholders.-Potts v. St. Paul Athletic Park Assn., Minn., 87 N. W. Rep. 604.

LIMITATION OF ACTIONS-Indorsement of Credit. — The indorsement of a credit on a disputed account by plaintiff, without defendant's knowledge, held not to prevent the running of limitations.-Bay City Iron Co., v. Emery, Mich., 87 N. W. Rep. 652.

LIMITATION OF ACTIONS-Part Payment.-A part pay. ment by an administrator of a debt owing by his intestate takes the debt out of the limitations prescribed by Pub. St. ch. 197, § 1, though there be no promise to pay the balance.-Slattery v. Doyle, Mass., 61 N. E. Rep. 264.

LIMITATION OF ACTIONS-Penalty. Limitation to enforce penalty against witness to a will, failing to write address opposite signature, does not begin to run until death of testator.-Dodge v. Cornelius, N. Y., 61 N. E. Rep. 244.

LIMITATION OF ACTIONS Removal to Another State.-Under Comp. Laws, §§ 4850, 4859, right of action on a note made in another state by a resident of that State, who subsequently removes to South Da. kota, is not barred until the maker has been a resi dent of South Dakota for the statutory period.-Mc. Connell v. Spicker, S. Dak., 87 N. W. Rep. 574.

MANDAMUS Against City Treasurer to Set Aside School Taxes.-Under Laws 1891, ch. 124,held that a writ of mandamus would not issue to compel a city treasurer to set aside school taxes until they were collected.State v. Hunter, Wis., 87 N. W. Rep. 485.

costs. To compel the" performance of such a duty after judgment is paid would be a useless act.-State' v. Stinebraker, Mo. App. (St. Louis, No. 8342), decided Nov. 5, 1901.

MASTER AND SERVANT Assumption of Risk. -A brakeman on a freight train, knowing that trains are run at a speed in excess of that provided by a city ordinance, held to assume the risk.-Martin v. Chicago, R. I. & P. R. Co., Iowa, 87 N. W. Rep. 654. MASTER AND SERVANT Evidence. - In action by servant for injuries, held proper to exclude evidence that plaintiff had told the master that there should be a change in the machinery. Cushman v. Cushman, Mass., 61 N. E. Rep. 262.

MASTER AND SERVANT. Fellow-Servant.-Foreman of sawmill held to be a fellow-servant of an operative therein.-Lipan v. Hall, Mich., 87 N. W. Rep. 619.

MASTER AND SERVANT Ordered into Danger by Master. Where defendant railroad company's foreman, with knowledge of the dangerous condition of a damaged car, ordered plaintiff to go on top of the car, without warning him of the danger, the company was liable.-Southern Ry. Co. v. Hart, Ky., 64 S. W. Rep.

650.

MASTER AND SERVANT-Railroads-Injury from PushCar.-Railroad company held liable for negligence of third person in managing push-car on its track, loaned to him by defendant's foreman.-Erie R. Co. v. Salisbury, N. J., 50 Atl. Rep. 117.

MASTER AND SERVANT Who Are Not FellowServants.-Servants of a common master, though of the same grade and in the same line of employment, so disconnected as not to give the one a right or op portunity of controlling or admonishing the other, or even observing the others' manner of doing his work, held not fellow-servants.-Louisville & N. R. Co. v. Edmonds' Admr., Ky., 64 S. W. Rep. 727.

MECHANICS' LIENS-Right of Tenant to Charge.Tenant, without authority of his landlord, cannot charge the premises with a mechanic's lien. Stevens v. Burnham, Neb., 87 N. W. Rep. 546.

MINES AND MINERALS-Proving "Actual Discovery." -In a suit to determine adverse claims to mining grounds, defendants held to have the burden of establishing an "actual discovery" prior to the initiation of the plaintiff's location.-Sands v. Cruikshank, 8. Dak., 87 N. W. Rep. 589.

MORTGAGE-Agreement to Reconvey.-A warranty deed with agreement to reconvey held to be a mortgage. Malone v. Roy, Cal., 66 Pac. Rep. 313.

MORTGAGES-Fictitious Conveyance.-A mortgage on real estate, executed by the owner thereof in the name of a fictitious person, to whom the owner has made a fictitious conveyance, held valid as between mortgagor and mortgagee.-Blackman v. Henderson, Iowa, 87 N. W. Rep. 655.

MORTGAGE-Foreclosure.-A corporation cannot object to foreclosure or a purchase price mortgage on the ground that the agent for the sale of the property took stock in the corporation and paid therefor by deducting his commission from the price.-Blood v. La Serena Land & Water Oo., Cal., 66 Pac. Rep. 317.

MORTGAGE.-In an action to foreclose real estate mortgage, allegation that there has been no action at law must be proved.-Plummer v. Park, Neb., 87 N. W. Rep. 534.

MORTGAGES-Releasing Mortgage for Quitclaim.-A purchase money mortgagee, who voluntarily releases the mortgage and takes a quitclaim deed to the mortgaged premises, knowing that the mortgagor has executed a bond for title therefor, takes the property

subject to the equity so created.-Scott v. Lewis, Oreg., 66 Pac. Rep. 299.

MORTGAGES-Right of Reconveyance.-Parties may make a purchase and sale of lands, with reservation to the vendor of a right of reconveyance, which will be treated as a conditional sale.-Bigler v. Jack, Iowa, 87 N. W. Rep. 700.

MORTGAGES-Securing Usurious Loan.-Equity will enforce redemption of a mortgage securing a usurious loan, without tender of interest.-Bigler v. Jack, Iowa, 87 N. W. Rep. 700.

MORTGAGES- Senior and Junior Mortgagees.-Junlor mortgagee, purchasing non-homestead lands at his own foreclosure, and afterwards buying senior mortgage covering homestead, held precluded from foreclosing senior mortgage against homestead.-Moore v. Olive, Iowa, 87 N. W. Rep. 720.

MORTGAGES-Voluntary Conveyance.-Land voluntarily conveyed held liable for proportionate share of mortgage executed before the conveyance and cover. ing that and other land.-Mills ▼. Kelly, N. J., 50 Atl. Rep. 144.

MUNICIPAL CORPORATIONS Action on Bonds for Public Improvements.—In case of bonds issued by a city under Act Cal. March 23, 1876, for public improvements, action cannot be maintained against the city, but the owners of abutting lands are the proper defendants.-Shapter v. City and County of San Fran. cisco, U. S. C. C., N. D. Cal., 110 Fed. Rep. 615.

MUNICIPAL CORPORATIONS-Contracts.-Under Laws 1899, ch. 83, a contract of a town chairman for the purchase of a road machine held to be the contract of the town.-Siegel v. Town of Liberty, Wis., 87 N. W. Rep.

487.

MUNICIPAL CORPORATIONS-Control of Streets.-The court will take judicial notice of the statutory duty of municipal corporations to exercise exclusive control over the streets and public ¡grounds within their limits.-Peterson v. Village of Cokato, Minn., 87 N. W. Rep. 615.

MUNICIPAL CORPORATIONS Guarding Elevator Shafts. A city ordinance requiring elevator shafts to be guarded held to apply to buildings erected either before or after its passage.-Sheyer v. Lowell, Cal., 66 Pac. Rep. 307.

MUNICIPAL CORPORATIONS-Houses of Ill-Fame.Under Laws 1882, ch. 36 (Madison City Charter, ch. 4, § 3, subd. 1, 3, and Id. § 5), held, that, Madison City Or dinance, ch. 17, § 4, imposing a fine on keepers of houses of ill-fame, was valid.-Ogden v. City of Madison, Wis., 87 N. W. Rep. 568.

MUNICIPAL CORPORATIONS-Insufficient Description of Improvements.-Street assessment for construction of certain sewers held void, owing to insufficient description in resolution of intention of proposed improvements.-McDonnell v. Gillon, Cal., 66 Pac. Rep.

314.

MUNICIPAL CORPORATIONS-Notice of Claim.-Where notice of claim of damages is properly served, it is immaterial, as affecting the right of recovery, whether or not the recorder presented the notice to the village council for their action.-Peterson v. Village of Cokato, Minn., 87 N. W. Rep. 615.

MUNICIPAL CORPORATIONS-Sidewalks Safe for Bicy cles.-Comp. Laws, § 3441, held not to require such repair as to render them safe for bicycles, though the use of bicycles on sidewalks is properly authorized by ordinance.-Lee v. City of Port Huron, Mich., 87 N. W. Rep. 637.