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eral of Illinois, Editor-in Chief. R. H. Wilkin, Assistant Librarian Illinois Supreme Court, Associate Editor. Marcb, 1902. Fiske & Company, Springtield, III.

HUMORS OF THE LAW.

Mr. D, of Boston, a devotee, of the wbeel, was not long ago visiting in one of the small towns of western Massachusetts. He was taking a spin about the streets shortly after bis arrival, wben he was run down, as he afterwards declared, by a negro and knocked off his bicycle. The fall not only ruined bis digpity and bis clotbes, but broke bis sbin and wheel.

These combined injuries made a breach in bis placidity, and be picked up a stone and tbrew it with accurate aim at the colored man and brotber. This infraction of the peace resulted in his arrest and in bis conviction in the local court of justice.

"I tine you five dollars," said the judge. "Have you anything to say?"

“Nothing,” replied D, unmollified, "except that I wished I bad killed the fellow."

“That remark will cost you tive dollars more," remarked his honor.

D's temper was not improved by this fresh dispensation of justice, wberefore the bitterness of his rejoinder was plainly apparent.

"Conversation seems to come bigb in this court," he observed.

“Five dollars for contempt," promptly responded tbe bench. “Have you anything more to say?"

“I think not," answered the defendant. “You have the advantage of me in repartee."

Payment of the fines closed the case.- St. Louis Lumberman.

adversely without express disclaimer and assertion of adverse title.-Maxwell v. Cunniogbam, W. Va., 40 S. E. Rep. 499.

3. APPEAL AND ERROR – Allowance of Attorney's Fees.- Ex parte order making allowance to attorney for legal services out of funds in the control tbe court is not appaalable. Board of Education of Beverly Dist. v. Ward, W. Va.. 40 S. E. Rep. 344.

4. APPEAL AND ERROR – Exceptions Necessary to Conclusions of Law.-Where no exceptions are taken to a conclusion of law at the time it is stated, it will not be reviewed on appeal, even though the transcript recites an agreement that an exception thereto may be made a part of the record.-Peterson v. Erwin, lod., 62 N. E. Rep. 719.

5. APPEAL AND ERROR-Joint Appeal.- Where dotice of appeal is jointly given by two defendants, but only one files an appeal bond, the proceedings are insuficient to support the appeal of the defendant filing no bond.--Zane v. De Onativia, Cal., 67 Pac. Rep. 686.

6. APPEAL AND ERROR-Misapprehension of Counsel in Court Below.-Where it is apparent from the record that, owing to a misapprebepsion of counsel for ap. pellant in the court below, the cause was not properly tried, and issues of importance for appellant were pot presented, the cause will be remanded for a new trial. - Armijo v. Board of Comrs. of Berpalillo County, N. M., 67 Pac. Rep. 73).

7. APPEAL AND ERROR-Objecting to Appearance.The counsel for a respondent, who does pot object to the appearance in the superior court of an attorney for appellant other than the one of record in tbe case, is estopped from denying the right of such attorney to give a notice of appeal. - Belle City Mig. Co. v. Kemp, Wash., 67 Pac. Rep. 580.

8. APPEAL AND ERROR-Office Abolished for Which an Appeal Has Been Brought.- Where, pending an action against a board of health for removing plaintiff from office, a city charter becomes operative under wbich the board is superseded, plaintiff's appeal will be dig. missed.-Weaver v. Reddy, Cal., 67 Pac. Rep. 683.

9. APPEAL AND ERROR-Omce Expired When Appeal Was Heard.-An appeal from a contest for a public office,the term of which has expired before the appeal comes on to be heard, will be dismissed.-State v. Cummings, Wash., 67 l'ac. Rep. 565.

10. APPEAL AND ERROR-Wrong Reasons Assigned by Trial Court.-A decree will not be set aside because the court erred to its reasons.-Lee v. Patton, W. Va., 40 S. E. Rep. 353.

11. ARMY AND NAVY-Punishment by Court-Martial After Dismissal. - Punishment of fine and imprison. inent imposed by an army court martial beld pot Illegal because by such sentence the accused was also dismissed from the army.-Carter v. McClaugbry, U. 8. S. C., 22 Sup. Ct. Rep. 181.

12 A481GVMENTS FOR BENEFIT OF CREDITORS-Con. flict of L4we. - Voluntary 889ignment according to law of tha domicile will nass personally, whererer located.-Yost v. Graham, W. Va., 40 S. E. Rep. 361.

13. ATTORNEY AND CLIENT- Change of Attorney in a Case. – A party, after judgment, may consider the opposite party's attorney of record as the attorney in the case, until notified of a change. - Belle City Mfg. Co. v. Kemp, Wash., 67 Pac. Rep. 590.

14. BANKRUPTCY-Judgment for Criminal Conversa. tion.- Judgment for criminal conversation held not released by defendant's subsequent discharge in bankruptcy.-Colwell v. Tinker, N. Y., 62 N. E. Rep. 668.

15. BANKRUPTCY- To Compel Third Person to Tarn Over Assets.-A bankruptcy court høs power by sum · mary process to compel agent of bankrupt to turn over money to the trustee in bankruptcy, where te asserts no adverse claim.-Mueller v. Nugent, U.S.S. C., 22 Sup. Ct. Rep. 269.

16. BENEFIT SOCIETIES - Vested Interest of Benefi.

WEEKLY DIGEST.

Weekly Digest of ALL the Carrent Opinions of ALL the state and Territorial Courts of Last Resort, and of ~1l tho Federal Courts

CALIFORNIA......

.5, 8, 49, 67, 83, 114 GEORGIA....

.95, 104, 149, 153 IDAHO..............

..33, 61, 93 ILLINOIS......

48, 60, 180 INDIANA. 4, 32, 34, 62, 80, 82, 120, 123, 132, 139, 145, 147, 151,

164, 174 KINSAS....

.....57, 152 KENTUCKY................30, 44, 50, 54, 55, 73, 75, 86, 131 178 MISSOURI...........

.51, 90 MONTANA....

169 NEW MEXICO...

......fi, 99, 117, 122 NEW YORK........... ..14, 24, 28, 66, 135, 163, 167, 176 OREGON........

.......172 TEXAS...........59, 63, 64, 72, 103, 141, 142, 144, 150, 171, 179 UNITED STATES 6. C., 11. 15, 19, 20, 21, 22, 23, 29, 35, 41,

45, 47, 74, 76, 87, 88, 89, 92, 121, 143, 148, 157, 159, 160 UTAH.....

......173 WASHINGTON, 7, 9, 13, !6, 23, 31, 37, 38, 58, 65, 70, 71, 94,

102. 106, 107, 109, 115, 116, 126, 133, 136, 151 155, 163 WEST VIRGINIA, 1, 2, 3, 10, 12, 17 18, 26, 27, 36, 39, 40, 42, 43,

46, 62, 63, 56, 68, 69, 77, 78, 79, 81 84. 85, 91, 96,97, 99, 100, 101, 105, 108, 110, 111, 112, 113, 118, 119, 124, 125, 127, 128, 129, 130, 134, 137, 138, 140, 146, 156, 159, 161, 162, 166, 163,

170, 175, 177 1. ABATEMENT AND REVIVAL-Malicious Prosecution. -Action for malicious prosecution held not to survive to the personal representative.-Porter v. Mack, W. Va., 40 S. E. Rep. 459.

2. ADVERSE POSSESSION-Assertion of Adverse Title. -One who bas entered under plaintiff cannot bold

ciary.-The beneficiary in a benefit society certificate having no vested interest therein, fraud cannot be perpetrated on her by changing the beneficiary.-Cade v. Head Camp. Pacific Jurisdiction, Woodmen of the World, Wash., 67 Pac. Rep. 603.

17. BUILDING AND LOAN ASSOCIATIONS Ugurious Premiums.- Premium payable in indefinite sums at fixed periods to building association held usurious.McCoanell v. Cox, W. Va., 40 S. E. Rep. 319.

18. BOILDING CONTRACTS-Insolvency as a Defense. - Personal insolvency on the part of building con. tractors does not relieve them from their contract.M:Connell y. Hewes, W. Va., 40 S. E. Rep 436.

19. CARRIERS – Limitation of Liability. – Arbitrary limitation of 250 francs for the baggage of any steam. ship passenger, with no means of increasing the amount by reasonable payment, held void as against public policy.-The Kensington, U. S. 8. C., 22 Sup. Ct. Rep. 102.

20. CARRIE28-What is a Sufficient Delivery of Goods. -A railroad company does not, by unloading cotton on its pier and notifying a steamship company, the succeeding carrier, of its arrival, deliver the cotton to the steamgbip company, within the meaning of a clause in -a bill of lading providing that its liability shall terminate on that event.-Texas & P. Ry. Co. v. Callendor, U.S.S.C., 22 Sup. Ct. Rep. 257.

21. COMMERCE-Laws Regulating Change.-An inter. ference with interstate commerce by enforcement of state laws prohibiting a greater charge for sborter than for longer hauls is oo remote to be regarded as an unconstitutional interference with interstate com. merce.-Lonisville & N. R. Co. v. Commonwealth of Kentucky, U.S.S. C., 22 Sup. Ct. Rep. 95.

22. COMMERCE-Sale of Oleomargarine. - The com. merce clause of the federal constitution is not violated by provisions of Ohio statutes relating to manulacturo and sale of oleomargarine within the state by a state corporation.- Capital City Dairy Co. v. State of Ohio, U.S. S.C., 22 Sup. Ct. Rep. 120.

23. COMPROMISE AND SETTLEMENT Implied Authority to Compromise.-Possession by one of note payable to another gives him implied authority to collect it, but not to make settlement by compromise. -Corbet v. Walker, Wash., 67 Pac. Rep. 567.

24. CONFLICT OF LAW8-Notes of Married Women.Accommodation note, payable in Illinois, but exe. cuted in Alabama, held an Alabama pote as regards suretyship of wives for the niakers of the pote. Union Nat. Bank v. Chapman, N. Y,, 62 N. E. Rep. 672.

25. CONFLICT OF LAW8-Liability of Steamship Com. panies. – Restrictions of liability of steamship com. pany for its own negligence toward a passenger will not be upheld, though ticket was issued and accepted in a foreign country, the laws of which sustain such stipulations.-The Kepsi gton, U. S. S.C., 22 Sup. Ct. Rep. 102.

26. CONSPIRACY-Absent Conspirator as Accessory.A conspirator, absent when crime is committed, can be punished only as accessory before the fact.-State V. Roberts, W. Vu., 40 S. E. Rep. 481.

27. CONSPIRACY-To Do a Lawful Act.-There can be no conspiracy to do tbat which is lawful in a lawful manner.-Porter v. Mack, W. Va., 40 S, E. Rep. 459.

23. CONSTITUTIONAL LAW-Front-Rule of Assessment. -Laws 1899, ch. 1:28, § 208, allowing sewerage assesg. ment on front-foot basis, held not a tukingof property without due process of law. – People v. Pitt, N. Y., 62 N. E. Rep. 662.

29. CONSTITUTIONAL LAW-Imprisonment for Debt.A person is not imprisoned for debt by an order of the bankruptcy court directing his imprisonment until be turns over assets of the bankrupt to the trustee in bankruptcy.-Mueller v. Nugent, U. 8. S. C., 22 Sup. Ct. Rep. 269.

30. CONTRACT- Annuity as a Sufficient Consideration. -Where ad annuity agreed to be paid in consideration

of the release of a debt amounted to more than legal interest, and was to be paid quarterly, the contract was supported by a sutlicient consideration.-Price's Admx. v. Price's Admx., Ky., 66 S. W. Rep. 529.

31. CONTRACTS-Payment by Ordinance as a Mere Gratuity.-An ordinance providing for the payment of warrants held pot ineffectual as a promise which was a mere gratuity.- Quaker City Nat. Bank v. City of Tacoma, Wasb., 67 Pac. Rep. 710.

32. CONTRACTS-Sale of Expectancy of Heirs.-A contract between heirs, whereby one of them agiees to accept a specific amount, advanced to him, in full of all his expectancy in tbe estate, is not contrary to public policy, and will be enforced by a court of equity.- Eissler v. Hoppel, Ind., 62 N. E. Rep. 692.

33. CORPORATIONS - Authority to Iesue Negotiable Papers.-A purchaser of a negotiable note need not show resolution of directors authorizing the president to indorse the note, where the indorsement was verbally authorized by the board and was for the benefit of the company.- Jones v. Stoddart, Idaho, 67 Pac. Rep. 650.

31. CORPORATION8–Mortgage by Insolvent Corpora. tion.-Mortgage by insolvent corporation, preferring certain stockholders to unsecured creditors, held invulid as a whole.-Reagan v. First Nat. Bank., Ind., 62 N. E. Rep. 701.

35. CORPORATIONS-Power of Managing Editor of Newspaper.-The managing editor of a newspaper held to have power prima facia to do any act which the directors or trustees of the newspaper can ratify.Sun Printing & Publishing Assp. v. Moore, U.S. 8. C., 22 Sup. Ct. Rep. 240.

36. CORPORATIONS- Removal of Officers.-Where by. laws authorize directors to remove officere, one ap. pointed by them cannot complain of removal at pleas. ure of boerd.-Darrah v. Wheellug Ice & Storage Co., W.Va., 40 S. E. Rep. 373

37. Co8T8-For Printing Briel.-A respondent will not be allowed costs for the printing in his brief of the findings of lact of the trial court alter the appellant has printed the same in his brief.-Deering v. Hol. comb, Wasb., 67 Pac. Rep. 561.

38. C0819-Of Appeal.- Where the amount of a judg ment in excess of what it should be is small, the case should not be reversed, so as to charge respondent with the costs of the appeal.-Belle City Mig. Co. v. Kemp, Wash., 67 Pac. Rep. 580.

39. COUNTIES-Court House as a Public Necessity.Suitable court house beld a peramount public pecee. sity.-Hanley v. Randolph County Court, W. Va., 40 S. E. Rep. 359.

40. COURT8-Death of Regular Judge.-Where death of regular judge and qualification of his successor happened on the same day, there was no intermission in the term.-Franklin v. Vandervort, W.Va., 40 8. E. Rep. 374.

41. COURT8-Enforcement of Federal Decree.-Fed. eral question held presented by contention that due effect to a federal decree was denied by the actiov of the court below in sustaining a plea of res judicata, predicated on a decree of such federal court-National Foundry & Pipe Works v. Oconto City Water Supply Co., U.S.S. C., 22 Sup. Ct. Rep. 111.

42. COURTS-Time and Place of Hearing.-A court has no power to hear and determine causes except at the times and places authorized by law.-Johnston v. Hunter, W. Va., 40 S. E. Rep. 448.

43. CREDITORS' SUIT. Where creditors' bill is referred to commissioner to ascertain liens, any creditor has a right to present claims without formal plead. ing:.-Wilson v. Carrico, W. Va., 40 S. E. Rep. 439.

44. CRIMINAL EVIDENCE-Testimony of Conversations with Deceased.-Testimony as to a conversation between a witness and deceased, and between deceased and another, beld inadmissible on trial for murder.Commonwealth v. Bright, Ky., 66 S. W. Rep. 604.

45. CRIMINAL LAW-Twice in Jeopardy by Sentence ol Court-Martial.- A person held not twice in jeopardy by a sentence of an army court-martial imposing both fine and imprisonment of an officer convicted of two charges in violating the sixtieth article of war.Carter v. McClaughry, U.S.S. C., 22 Sup. Ct. Rep. 181.

46. CRIMINAL TRIAL-Presence of Accused After Sen. tence.- Wnere sentence of death has been passed on .prisoner, he need not be present at further ministerial steps pecessary for the exerution of such sentence.State v. Haddox, W. Va., 40 S. E. Rep. 387.

47. CRIMINAL TRIAL - Refusal of Continuance Be. cause of Absence of Witnesses.-Refugal of a state court to continue a criminal case for absence of material witnesses res ding in another state held pot a denial of due process of law or equal protection of the laws secured by Const. U. S. Amend. 14.- Minder v. State of Georgia, U. S. S. C., 22 Sup. Ct. Rep. 224.

48. CRIMINAL TRIAL-Suficiency of a Verdict.-A ver. dict iv a robbery case, finding defendant guilty in the manner and form charged, is not insufficient in failing to state that the jury pues his punishment at impris. onment in the penitentiary.-Featherstone v. People, Ill., 62 N. E. Rep. 681.

49. DAMAGES - Physicians and Surgeons - Liability for Death of Child for Abandonment of Mother During Confinement.-A physician, sued for injuries sustained by a wife by reason of his abandoning her at the time of her confinement, beld not liable in such action to damages for the death of her child, caused by such abandonment.-Lathrope v. Flood, Cal., 67 Pac. Rep. 693.

50. DAMAGES- Pupitive D images Against Corpora. tions.-Punative damages may be awarded against a corporation for an injury resulting from the gross negligence of its servants.-Chesapeake a 0. Ry. Co. v. Dodge, Ky., 66 S. W. Rep. 606.

51. DEEDS-Testamentary Deeds.-A deed of convey. ance in ordinary form, containing a clause that at tbe grantor's death the deed“is to come immediately into effect, but not until then," held testamentary in cbar. acter, and inoperative as a deed.-Murphy v. Gabbert, Mo., 66 S. W. Rep. 536.

52. DIVORCE-Decree of Alimony as Res Adjudicata. -Decree of divorce granting alimony to wife held res judicata as to the alimony.-Cariens v. Cariene, w. Va., 40 S. E. Rep. 335.

53. DOWER-Desertion as Barring Dower.- Where a wife leaves her husband because he has become a habitual drunkard, she is not barred of her dower in his estate.-Stuart v. Neely, W. Va., 40 S. E. Rep. 441.

54. EASEMENT8-Right of Way by Prescription.- Defendant, having for more than 30 years used a pass. way over plaintiff's land, held to have acquired a right to the way by prescription.-Bowen v. Cooper, ky., 66 S. E. Rep. 601.

55. EJECTMENT-Compensation for Improvements.Wnere a purchaser acted in good faith in buying from unauthorized agent, he is entitled to compensation for his improvements to the extent they have en. hanced the vendable value of the property.-Floyd v. Mackey, Ky., 66 S. E. Rep. 518.

56. EJECTMENT-Proof of Outstanding Title by De. fendant.-Defendant in ejectment, relying on out. standing title, must set up such title as would enable the third party to maintain possession against plaintiff and defendant.-Maxwell v. Cunningham, W. Va., 40 S. E. Rep. 499.

57. ELECTIONS - Wrong Marking of Ballot.-Where a & voter has marked a ballot to distinguish it, contrary to the provision of the statute making such marking criminal, it cannot be counted, though the statute does not include marked ballots among those which shall not be counted.-Parker v. Hugbes, Kap., 67 l'ac. Rep. 637.

58. EMINENT DOMAIN-Draining a Lake On to Private

Property.- Where a county, in draining a lake to con. struct a road, wrongfully turns water onto land of a private owner, to its injury, such act is a taking of pri. vate property for public use without compensation, and the liability of the county does not depend on carelessness or negligence. Wendel v. Spokane County, Wash., 67 Puc. Rep. 576.

59. EMINENT DOMAIN-Obstructing Road Where Pay. ment to Owner Has Not Beeu Made.- Where land has been taken for a public road, the landowner cannot obstruct the same, though he has not been paid for such taking.-Race v. State, Tex., 66 $. W. Rep. 560.

60. EMINENT DOMAIN-Trial of Damages by Jury.Congt. art. 4, § 31, providing for the construction of drainage districis, held not to impair the rigbt of property owners to the trial of the question of dum. ages by jury, guarantied by Const. art. 2, § 13, and Id. ait. 11, § 14.-Wabash R. Co. v. Coon Run Drainage & Levee Dist., Ill., 62 N. E. Rep. 679.

61. ESTOPPEL Accepting Benefits of Contract.Where a party to a contract acts upon it and obtains all the benefits to be derived thereunder, he is estop. ped from objecting to the same on the ground that be did not sign it.-Lune v. Pacitic & I. N. Ry. Co., Idaho, 67 Pac. Rep. 656.

62. EVIDENCE-Copy of Letter ag Evidence.- A copy of a letter, properly addressed and stamped and mailed, is admissible, where the original, on demand, is pot produced, though the notice to produce is insufficient, where it appears that the original cappot be foundar that future search will not discover it. Pape v. Ferguson, Ind., 62 N. E. Rep. 712.

63. EVIDENCE-Declarations of Engineer.-Declaration of engineer, on his attention being ealled to runa. way horse, after he had blown whistle, held part of res gestæ.- Gull, C. & S. K. Ry. Co. v. Milner, Tei., 66 S. W. Rep. 574.

64. EVIDENCE-Expert Ividence as to Effect of Strik. ing a Man.-Question of the effect of a train striking a map standing or lying upon a railway track held the proper subject of expert testimony.-Gulf.c. & S. F. Ry. Co. v. Matthews, Tex., 66 S. W. Rep. 588.

65. EVIDENCE-Parol Variation of Written Contract. -Parol evidence held admissible to show that a war ranty deed was in fact given as a redemption deed, on redemption by execution debtor.-Young v. Stemp. fler, Wash., 67 Pac. Rep. 721.

66. EVIDENCE-Schedules in a General Assigoment. - Schedules in a general assignment lield admissible to show conditions of assigpors a month before the assigoment, on the question of fraud in procuring dis. count of note at such time.-Bapk of State of New York v. Southern Nat. Bauk, 62 N. Y., 62 N. E. Rep. 677.

67. EVIDENCE Withdrawn Cross Complaint.-A withdrawn cross.complaint is not admissible io eri. dence.-Ruddock Co. v. Johnson, Cal., 67 l'ac. Rep. 680.

68. EXECUTION-Jurisdiction of Justice.- Where tiecution is issued from the circuit court, and levied, the justice is without jurisdiction to try title to prop. erty on claim of third person.- Erb v. Hendricks Co., W. Va., 40 S. E. Rep. 338.

69. EXECUTORS AND ADMINISTRATORS Burden of Disproving Settlement.- Burden of proof is on party attacking ex parte settlemeut of executor to show that it is improper.- Dearing v. Selvey, W. l'a., 40 S. E. Rep. 478.

70. EXECUTORS AND ADMINISTRATOR8-Estoppel of Heirs to Deny Validity of Act of Former Administrator.-An administrator and heirs of a decedent are pot estopped from asserting the invalidity of a mort. gage executed by a prior administrator, where it does not affirmatively appear that the estate has received the benefit thereof.-Wallace v. Grant, Wash., 67 Pac. Rep. 578.

71. EXECUTORS AND ADMINISTRATORS-Rental for Use of Property.- Where an administratris occupies and

uses in her own business real property belouging to the estate during administration, she should be re. quired to account for the rental value thereof.- In re Allstad's Estate, Wash., 67 Pac. Rep. 593.

72. EXEMPTIONS-Typewriter as Tool of Physician.A typewriter is not exempt, as a tool belonging to the profession of a physician, though be uses it in cor. respondence and advertising his business.- Massie v. Atchley, Tex.,66 S. W. Rep. 592.

73. FALSE IMPRISONMENT-Arrest Must be Unlawful. -lo an action for false imprisonment, defendants are not liable, unless the arrest was uplawful, however malicious their motive.-Bennett v. Lewis, Ky., 66 S. W. Rep. 522.

74. FEDERAL COURTS-Appeal from Territory of Hawaii.-No right of appeal to the United States circuit court of appeals lies from a decree of the supreme court of the territory of Hawaii in a case of admiralty pending in such court when Act April 30, 1900, took el. fect, by section 86 of that act.-In re Wilder's S. S. Co., U.S. S. 0., 22 Sup. Ct. Rep. 225.

75. FERRIES-Uplicensed Ferries.-The act of operat. ing an unlicensed Perry witbin the prohibited distacce of another ferry is an actionable wrong.-Blackwood v. Tapner, Ky., 66 S. W. Rep. 500.

76. Food-Validity of Laws Regulating the sale of Oleomargarine. - Ohio corporation, manufacturing and selling oleomargarine within the state, held not deprived of its property without due process of law by being forbidden to use coloring matter, though man. ufacturers of butter are allowed so to do.-Capital City Dairy Co. v. State of Ohio, U. S. 8. C., 22 Sup. Rep. 120.

77. FRAUDULENT CONVEYANCES Conveyance to Daugbter for Services.-Where father, on death bed, conveys a portion of his property to adult daughter in consideration of services jusily rendered, such con. veyance will not be set aside as in fraad of creditors. -Stuart y Neely, W. Va., 40 S. E. Rep. 441.

78. FRAUDULENT CONVEYANCE8-Rigbt of Creditors Not Joining in Suit.-Attacking and preferred credit. org held entitled to have their debts paid in full, as against creditors failing to unite and to contribute for prosecution of guit.-Wilson v. Carrico, W. Va., 40 S. E. Rep. 433.

79. FRAUDOLENT CONVEYANCES—Time to Bring Suit. -Suit to set aside deed for fraud must be brought within a reasonable time after discovery.- Edgell v. Smith, W. Va., 40 S. E. Rep. 402.

80. GUARDIAN AND WARD-Exception to Guardian's Report.-An administrator of a person under guardian. ship at the time of his death may file exceptions to the guardian's final report, if the ward's assets are not properly accounted for by the guardian.-Peterson v. Erwin, Iod., 62 N. E. Rep. 719.

81. HIGHWAYS-Mere User Without Public Recogni. tiou.- Mere user, without establishment of public road, or recognition by order of the county court, or work done upon it, will not make a privato road a public road.-State v. Dry Fork R. Co., W. Va., 40 8. E. Rep. 447.

82. HIGHWAYS – Petitions for Construction.- Where two petitions for the copsti uction of a road were presented to a board of county commissioners at the saine time, they were properly treated as one petition.Gifford v. Baker, Iod.,62 N. E. Rep. 690.

83. HOMICIDE Mitigation and Excuse.-Where the prosecution for homicide has proved the killing be. yond any reasonable doubt, defendant must show cir. cumstances in mitigation, or excuse or justify the act by prool which will create a reasonable doubt of his guilt,- People v. Muttbai, Cal., 67 Pac. Rep. 694.

84. HOMICIDE Shooting Into a Crowd.- Where one maliciously shools into a crowd and kills an innocent bystander, he is guilty of murder.-State v. Young, W. Va., 40 S. E. Rep. 331.

85. HUSBAND AND WIFE-Gift to Husband Presumed. - Where husband receives money from wile, and in.

vests it in real estate in his own name, a gift is pre. sumed.-Cromrine v. Crumrine, W. Va., 40 S. E. Rep. 311.

86. HUSBAND AND WIFE-Right of Married Woman to Resist Judgment by Default.-Where a married woman permitted a judgment by default on her prom Issory note, she cannot resist the enforcement of the judgment on the ground that she was a married woman and the surety of her husband.-Shanklin v. Moody, Ky., 66 8. W. Rep. 502.

87. INDIANS-Acceptance of Allotments as to Citizenship.-When relation of Indian with his tribe is dig. solved by accepting allotments of land is severally, under treaty providing that thereafter they shall be deemed to be citizens of the United States, they are liable for laches thereafter in the same manner as other citizens.-Schrimpscher v. Stockton, U.S. S. C., 22 Sup. Ct. Rep. 107.

88. INDIANS—Assigoment of Scrip.- Power of attor. ney to locate Sioux half-breed scrip and to sell the lands located beld not an assignment of the scrip, in violation of Act July 17, 1851.-Midway Co. v. Eaton, U. S. S.C., 22 Sup. Ct. Rep. 261.

89. INDEMNITY INSURANCE-Failure to Notily Insurer of Clerk's Speculation.– Failure of a bank to notify guaranty company tbat its teller was speculating will defeat recovery on bond providing that the bank should at once notify the company wben aware that teller was speculating or gambling.- Guarantee Co. of North America v. Mechanics' Sav. Bank & Trust Co., U.S. 8. C., 22 Sup. Ct. Rep. 124.

90. INDICTMENT AND INFORMATION Second Indictment for Same Offense.- A second indictment against the same person for the same offense does not ipso facto quash the first.-State v. Malvin, Mo., 66 S. W. Rep. 534.

91. INJUNCTION Action on Common-Law Bond.Where action is pending on common-law bond, it will not be enjoined, and bond canceled, because of com. promise under the bond; such defense being available at law.-Gall v. Tygart's Val. Bank, W. Va., 40 8. E. Rep. 390.

92. INJUNCTION Against Railroad Commissioner For Fixing Rates.-Tne Kentucky railroad commission cannot be enjoined, on suit of the railriad companies, before any rates are fixed by it; the remedy of the railroad company at law being adeguate.-McChord v. Cincinnati, N. 0. & T. P. Ry. Co., U. S. S.C., 22 Sup. Ct. Rep. 165.

93. INSURANCE-Right of Insurance Company to Loan Money.-A license authorizing a life insurance company to do business in the state does not authorize it to engage in the business of loaning money.-State v. Union Cent. Lile Ins. Co., Idaho, 67 Pac. Rep. 617.

94. INTERNAL REVENUE-RAvenue Stamps Afixed After Delivery of Instrument.-Revenue stamps, omitted from stock certificates througb inadvertence, may be affixed at any time.-Jones v. Western Mig. Co., Wash., 67 Pac. Rep. 586.

95. INTOXICATING LIQUOR8 – Allegations of Indict. ment.-An indictment for the sale of liquors may charge collectively the sale of several different kinds, and need not state to whom the sale was made.-Hancock v. State, Ga., 40 S. E. Rep. 317.

96. INTOXICATING LIQUORS — Proving Knowledge on Sule to Intoxicant.-On trial for selling liquor to ha. bitual drunkard, the state must show beyond reasonable doubt that accused knew the purchaser drank to intoxication.-State v. Alderton, W. Va., 40 S. E. Rep. 350.

97. JUDGES-Right of Special Judge.-Special judge, duly elected alter death of regular judge, held to have jurisdiction to overrule mction for pew trial on conviction of misdemeanor before death of regular judge.-Franklin v. Vandervort, W. Va., 10 S. E. Rep.

98. JUDGMENT-Extent of Conclusive Effect of Judg. ment.-A judgment concludes parties, not only as to any matter which was offered in evidence, but also as to any other which might have been so offered.Armijo v. Mountain Electric Co., N. M., 67 Pac. Rep. 726.

99. JODGMENT-Res Judicata. - Where damages in two separate actions arise from the same abuse of judicial procedure, judgment in one la a bar to the prosecution of the other.-Porter v. Mack, W. Va., 40 S. E. Rep. 459.

100. JODGMENT-Scire Facias to Keep Alive a Judgment.-Where judgment plaintiff dies, an award of execution on a scire facias, keeping alive the lion of the judgment as to defendant, also keeps the lien alive as to the terre-cenants.-Maxwell v. Leeson, W. Va., 40 8. E. Rep. 420.

101. JESTICES OF THE PEACE-Process Returnable to Other District. Where a justice makes his process re. turnable in a district other than that for which he was elected, the aet is in excess of his lawful powers.Johnston v. Hunter, W. Va., 40 S. E. Rep. 448.

102. LARCENY—“Lawlul Money of the United States." –Testimony that one or two $5 and six or seven $10 bills were stolen, without describing the bills in any manner, does not support information for larceny al. leging theft of "iawful money of the United States."State V. Paillips, Wasb., 67 Pac. Rep. 608.

103. LARCENY Taking Property with Consent of Officer.-A person induced by a detective to join in taking of property, knowing that detective has the consent of the owner thereto, or reasonably believing that the consent has been given, held not guilty of larceny.-McGee v. State, Tex., 66 8. W. Rep. 562.

104. LICENSES-Criminal Liability for Doing Business Without. - While municipal authorities have no power to imprison for failure to pay license tax, they may make it an offense to do business without procuring a license required by municipal ordinance. -Johnson v. City of Macon, Ga., 40 S. E. Rep. 3.2.

105. LIFE ESTATES Effect of Power of Sale in Llle Tenant.-Wnere lands are given to ope for life, with remainder over, with power in the life tenant to sell, he has the power to sell the fee.-Englertb v. Kellar, W.Va., 40 S. E. Rep. 465.

106. LIMITATION OF ACTIONS Partial Payments.Under Ballinger's Ann. Codes & St. $$ 4796, 4798, 4917, no part of the day on which a partial payment is inade on an overdue note is included in the period of limitations. – Perkins v. Jennings, Wash., 87 Pac. Rep. 550.

107. LOGS AND LOGGING-Judgment Claim and Lien.A prima jacie case of non-payment of claim for work on logs is made out by judgment roll, showing reduc. tion of the claim to judgment and establishment of lien therefor on the logs. Livingston v. Lovgren, Wash., 67 Pac. Rep. 593.

108. MALICIOUS PROSECUTION — Good Faith as a De. fense. - Where delendants in good faith believe actions brought when necessary, they are not liable in imalicious prosecution, though proceedings were without just foundation.-Porter v. Mack, W. Va., 40 S. E. Rep. 459.

109. MANDAMOS-Compelling City to Pay Warrants.Whire a city misappropriates money, belonging to a special fund, mandamus does not lie on behalf of the holder of the warranis on such fund to compel the city to pay the warrants out of its general fund.Quaker City Nat. Bank v. City of Tacoma, Wash., 67 Pac. Rep. 710.

110. MINDAMUS-To Compel Discretionary Board to Act.-Where board of education refuses to consider claim against it, mandamus lies to compel it to act thereon.-Poling v. Board of Education of District of Philippi, W. Va., 40 8. E. Rep. 357.

111. MANDAM08-To Restore to Onice.- Mandamus lies to restore one deprived of his office by the illegal ap. pointment of his successor, though such successor is

in possession de facto.-Schmulbach v. Speidel, W. Va., 40 S. E. Rep. 424.

112. MANDAMUS-To Reverse Decision as to Coste.Mandamus will not lie to reverse decision refusing costs.-Roberts v. Paull, W. Va., 40 S. E. Rep. 470.

113. MASTER AND SERVANT -- Fellow Servant.-Fore. man of lumber camp riding from camp to mill on log train, held a fellow.servant with employees operating such train. – Sanderson v. Panther Lumber Co., W. Va., 40 S. E. Rep. 368.

114. MASTER AND SERVANT-Liability of Railroad for Injury to Brakeman.-A rallroad company is not liable for an injury to a brakeman caused by a train going through a trestle, it it used ordinary care in its con. struction and repair. -Dolan v. Sierra By. Co., Cal., 67 Pac. Rep. 686.

115. MECHANICS' LIENS - Against Community Prop. erty.-lo an action to tureclose a mechanic's I en against community property, evidence of a settlement between plaintiff and one of the community, made a month after completion of the work, held armissible to show the balance due under the lien.- Powell v. Nolan, Wash., 67 Pae. Rep. 712.

116. MECHANICS' LIENS - Application of Paymente.Where a jint mechanic's lien was released as to ope of the houses covered thereby, in consideration of a payment already made, such payınent should be ap. plied first to the house released, and then pro rata to the others.-Powell v. Nolan, W.9h., 67 lac. Rep. 712.

117. MECHANICS' LIENS Destruction of Building by Fire.-11, after a mechanic's lien is filed, the improve. ments are destroyed by fire, the real estate is still liable to the lien.-Armiju v. Mountain Electric Co., N. M., 67 Pac. Rep. 726.

117. MECHANICS' LIENS-Liability of Owaer.- Where account has been filed and notice given by mechanic, and owner fails to record his contract, bis property is liable for the full of the lien claim.-Niswander v. Black, W. Va., 40 S. E. Rep. 431.

119, MECHANICS' LIENS-Material Not Used in Build. ing.-Material men furnishing material to contractors do so at their own risk, until it is incorporated in the building or they notily owners that they will look to them for payment.-Mc@onnell v. Huwes, W. Fa., 40 S. E. Rep. 436.

120. MINAS AND MINERALS – Expert Evidence as to Fiow of Gas or 0.1.-10 an action on an oil and gas lease, expert evideuce as to the effect the flow of gas in an oil well has over the production of oil beld ad. missible.-Shewalter v. Hamilton Oil Co., Iod., 62 N. E. Rep. 708.

121. MINES AND MINERALS - Location by Alien.-Location of mining claim by an allen and the rights follow. lng therefrom are free from attack by any one except the government.-McKinley Creek Min. Co. v. Alaska United Min. Co., U. S. 8. O., 22 Sup. Ct. Rep. 84.

122. MINES AND MINERALS - Posting Notice of Claim. -A locator of a mining claim, as against a subsequent locator who enters peacoably, must post such notice of claim as, when recorded, will ineet the requirement of Rev. St. U. 8. $ 2324.-Beeney v. Mineral Creek Mill. ing Co., N. M., 67 Pac. Rep. 724.

123. MUNICIPAL CORPORATIONS Assessment of Schools for Street Improvements. The board of trustees of an incorporated town have no power to aysess school property for the construction of a street in front tbereof.-Sutton v. School City of Montpelier, lod., 62 N. E. Rep. 710.

124. NEGLIGENCE – Trespageing Child.-One operating a cuble to haul coal care from his mine beld pot liable for injuries to tres passing child. Uthermoblen v. Bogg's Run Min. & Mfg. Co., W. Va., 40 S. E. Rep. 110.

125. OFFICERS – Liability for Acts Under Unconsti. tutional Legislation. - State officers, under color of unconstitutional legislation, who are guilty of per. sonal trespasses, may be sued therefor.-Blue Jacket Congol, Copper Co. v. Scherr, W. Va., 40 8. E. Rep. $14.

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