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glven.-Illinois Steele Co. v. Ostrowski, Ill., 62 N. E. Rep. 822.
25. APPEAL AND ERROR-Judgment.- Where, after submission for decision, one of the parties dies, and any delay is the act of the court, it may render judg. ment ag of the time wben both parties were alive, though the action is pot one which survives.-Hocks v. Sprangers, Wis., 89 N. W. Rep. 113.
26. APPEAL AND ERROR-Orders Pendente Lite.-Un. der Rev. St. 1898, $ 3048, defendant, in a suit for the abatement of a dam owned by it, may appeal from an for order sustaining a demurrer to a plea in abatement delect of parties defendant,interposed by interveners. -Castle v. City of Madison, Wis., 89 N. W. Rep. 156.
27. APPEAL AND ERROR – Questions Not Raised in Lower Court.-In a proceeding for obstructing a high. way, an objection that the guit was brought in the name of the highway commissioners, instead of by the town, is not available when offered first op appeal.Cox v. Commissioners of Highways of East Fork Tp., 111., 62 N. E. Rep. 791.
28. APPEAL AND ERROR-Question of Constitutional. ity.-Stipulation as to reasonable attorney's fee, and general objection to the allowance of an attorney's fee, beld insufficient to raise the question of the con. stitutionality of the statute allowing an attorney's lee in an action against a railroad coni pany for killing apimals on the right of way.-Cleveland, O., C. & St. L. Ry. Co. v. McGratb, Ill., 62 N. E. Rep. 782.
29. APPEAL AND ERROR-Reversal Without Remand. -Under Practice Act, $ 87, the appellate court may con. clusively find the facts differently from the trial court, and, on entering such tinding in the judgment, reverse witbout remand.-Davis v. Chicago Edison Co., III., 62 N. E. Rep. 829.
30. APPEAL AND ERROR - Review.-In the absence of a fipal judgment or order in an action tried to a jury, proceedings of the trial court will not be reviewed.Creamery Package Mig. Co. V. Magill, Neb., 89 N. W. Rp. 170.
31. APPEAL AND ERROR Review. · Order of appellate division, reversing a judgment on questions of law and fact, held reviewable to the court of appeals, when there are no controverted facts on which ques. tions of law depend.-Erie R. Co. v. Stewart, N. Y., 63 N. E. Rep. 119.
32. APPEAL AND ERROR-Review. There being only questions of lact, and the verdict having substantial support, though the evidence is copfiicting, judg. ment will not be disturbed.-Hipsdell v. Carey, Iowa, 89 N. W. Rep. 93.
83. APPEAL AND ERROR-Review on Error.-A judg. ment on conflicting evidence will not be disturbed.Van Meter v. Province, Neb., 89 N. W. Rep. 171.
34. APPEAL AND ERROR-Sheriff Levy.-In an action by a sheriff to recover the value of goods which were taken from him in replevin, an objection that his sole right of action is on the replevin bond will not be con. sidered, when raised for the first time on appeal.Bennett v. Gilbert, Ill., 62 N. E. R. 847.
36. APPEAL AND ERROR-Sufficiency of Evidence. In an action tried by the court, the erroneous admis. sion of evidence will not work reversal, if the find. ings are supported by sufficient competent evidence. -Gadden v. Gudden's Estate, Wis , 89 N. W. Rep. 111.
36. APPEAL AND ERROR – Waiver of Objections. Where the proof revealed acts of negligence not suni. ciently chirged in the declaration, but no objection was made when the evidence was introduced, such objection cannot be raised in the appellate court.Chicago & E. I. R. Co. v. Filler, Ill., 62 N. E. Rep. 919.
37. ARBITRATION AND AWARD- Action on Award. Assumpsit may be maintained on an award, even though the submission to arbitration is by deed, and not by parol.-Macdonald v. Bond, II., 62 N. E. Rep. 881.
38. ARBITRATION AND AWARD- Imperfect Award.Whero each of the parties to an arbitration selects his attorney as one of the three arbitrators, and with full knowledge of the other party and without objec. tion consults with his attorney in relation to the mat. ters ('uring the pendency of the proceedings, neither party can object to the award on that ground. Frankfurth v. Stein mes er, Wis., 89 N. W. Rep. 148.
39. ATTORNEY AND CLIENT Motion to Dismisg.Allegations of answering affidavit in proceedings to compel attorneys to turn over money to petitioner, and motion to dismiss petition on the grounds stated in such affidavit, held to contain a request that peti. tioner be remitted to his action at law, so that over. ruling the motion on the ground that no such request had been made was error.-In re Pollock, 74 N, Y. Supp. 976.
40. BANKS AND BANKING- Examloation of Booke.The supreme court has power to compel directors of a national bank in liquidation to allow stockholders to examide its books.-Tuttle v. Iron Nat. Bank, N. Y., 62 N. E. Rep. 761.
41. BANKS AND BANKING-Insolvency of Transmitting Bank.- Bank receiving draft for collection held en. titled to apply proceeds to overdrawn account of transmitting bank, and pot llable therefor to owner, though the transmitting bank bad meanwhile become insolvent.-American Exch. Nat. Bank y.Theumm. ler, Ill., 62 N. E. Rep. 932.
42. BUILDING AND LOAN ASSOCIATIONS – Usury.-A loan by a building association organized under 1 Starr & C. App. St. 1896, cb. 32, at a ugurious rate of interest, without a competitive bid, held usurious.-Jamieson V. Jurgens, III., 62 N. E. Rep. 917.
43. CARRIER8-Expulsion. – Offer to pay fare, made by a passenger while being expelled from a train for persistent refusal to pay, beld not to render the con. tipuance of the expulsion wrongful.- Bebr v. Erie R. Co., 74 N. Y. Supp. 1007.
44. CARRIERS-Injury to Passenger.-A railroad compapy cannot escape liability for negligence in starting its train too soon by showing that the conductor, when he gave the signal to start, was justified in thinking that all the passengers bad alighted, if in fact a reasonable time had not elapsed for all the pas. sengers to get off.-Walters v. Chicago & N. W. Ry. Co., Wie., 89 N. W. Rep. 140.
45. CARBIERS Injury to Passenger in Terminal Station.-A railroad company, required by Acts 1996, ch. 516, to use the station of the Boston Teripipal Com. pany, held not liable for injury to passenger, after alighting, while going through the station.-Frazier v. New York, N. H. & H. R. Co., Mass., 62 N. E. Rep.
46. CARRIERS-Jury Question.- Whether or not one who attempted to alight at a station at nigbt from a railroad train, which had commenced to inove after having stopped, was guilty of contributory negli. gence, held a question for the jury.-Walters y. Col. cago & N. W. Ry. Co., Wis., &9 N. W. Rep. 140.
47. CARRIER8 – Negligence Per Se. - It is pot negll. gence per se for one to attempt to board a street car moving slower than a man can walk. - Kimber v. Metropolitan &t. Ry. Co., 74 N. Y. Supp. 966.
48. CARRIERS-Personal Injuries.- Plaintiff, injured in a street ruilway, collision, beld entitled to recover for nervous shock accompanying slight blow to her person.-Homans v. Boston Elevated Ry. Co., Mase., 62 N. E. Rep. 737.
49. CEMETERIES-Location Refused by Local Board of Health. Under P. L. 1885. p. 165, § 6, where the municipal authorities consent to location of a ceine. tery, and the local board of health refuses to grant permission, application may be made to the state board of health to review such action.-Dodd v. State Board of Health, N. J., 51 Atl. Rep. 456.
50. CONSTITUTIONAL LAW-Due Process of Law.-A mere change in proceedings by rendering inal Judg. ment in an action to recover real estate commenced before Gen. St. 1055, was amended by Pub. Acts 1901, $ 1301, as authorized by the amendment, held not to render a taking of property under the judgment a taking without due process of law.-O'Brien y. Flint, Conn., 51 Atl. Rep. 547.
51. CONSTITUTIONAL LAW-Torrens System of Land Titles.-Laws 1901, ch. 237, providing for the Torrens system of registering land titles, is not unconstitu. tional, in that it violales article 3 of the constitution, vesting the powers of goveroment in three distinct departments.-State v. Westfall, Minn., 89 N. W. Rep. 175.
5. CONTRACTS-Breach.- W bere there 18 a breach of & written contract, recovery cannot be had on a quan. tum meruit for a partial performance without so plead ing.- Boyce v. Tim pe, Iowa, 89 N. W. Rep. 83.
63. CONTRACT8-Charter Amendment.-The charter of a railroad company granted prior to Pub. Laws (Revision 1844), p. 65, could not be amended, without the consent of such company, so as to make it an insurer against fires communicated from its engines.Macdonald v. New York, N. H. & H. R. Co., R. I., 61 Atl. Rep. 578.
54. CONTRACTS Construction. Evidence of the practical construction placed on a contract by the parties to it held to warrant a finding as to its mean ing.-Ulster D. Bluestone C v. Carlin, 74 N. Y. Supp. 1050.
65. CONTRACTS-Limitation of Liability.- Where a common carrier contracts to transport goods from one point to another, necessarily over connecting lines, it is not prevented on grounds of public policy from contractually limiting its liability for the negli. gence of the connecting carriers. Hartly v. st. Louis, K. & N. W. R. Co., Iowa, 89 N. W. Rep. 88.
56. CONTRACTS Payment. Provision of building contract authorizing the contractor to be paid 80 per cent. of the value of the work done from time to time construed to mean that such percentage shall be com. puted in relation to the value of the complete job as measured by the contract price.- Hawking v. Burrell, 74 N. Y. Supp. 1003.
67. CORPORATIONS-President's Power to Contract.A president of a corporation who is its managing offcer may employ a laborer without express authority from the directors.- Neating v. Tiegerton Lumber Co., Wis., 89 N. W. Rep. 152.
58. CORPORATIONS-Ratification.- Corporation held not to bave ratified unauthorized act of agent in as. suming a mortgage on realty taken for a debt.- Bris. tol Sav. Bank v. Judd, lowa, 89 N. W. Rep. 93.
59. CORPORATIONS - Stock Held in Secret Trust. Hurd's Rev. St. 1869, p. 437, ch. 32, § 23, does not ex. empt the legal and apparent owner of stock in an in. solvent corporation from liability, though he in fact holds tbe stock in secret trust for another.-Sberwood 7. Illinois Trust & Savings Bank, Ill., 62 N. E. Rep.
62. COURTS – Res Judicata.-An order made pendento lite is not res adjudicata binding upon the court and the parties, except that as between the same parties upon the same showing the court is not required to consider the same matter a second time. - Castle v. City of Madison, Wis., 89 N. W. Rep. 156.
63. COVENANT8-Pleading.-In an action for breach of warranty of title to land, failure to set forth map showing dedication of part of land to the public was cured by averments necessarily admitted by a de. murrer to declaration, - De Long v. Spring Lake Beach Imp. Co., N. J., 51 Atl. Rep. 481.
64. CRIMINAL EVIDENCE-Reasonable Doubt.-A rea. sonable doubt is one based on the evidence, and such as under their oaths the jury as reasonable men feel they should entertain. - State v. Pratt, Del., 51 Atl. Rep. 604.
65. CRIMINAL LAW.-Evidence. - Evidence that defendants, in a prosecution for stealing certain rolls of wire, bad negotiated with witness to assist them in stealing other wire, was inadmissible. - Bishop v. People, Ill., 65 N. E. Rep. 783.
66. CRIMINAL LAW-Expert Testimony.-Expert testi. mony was admissible to show that bullets found in & decedent's body were marked by rust in the same man. per as they would have been if fired through a certain rifle, etc.- Commonwealth v. Best, Mass., 62 N. E. Rep. 748.
67. CRIMINAL LAW-Jurisdiction.-The supreme court bas jurisdiction of an appeal involving the question whether the criminal court of Cook county has exclu. sive jurisdiction of Judgments of justices of the peace in criminal and quasi criminal cases, and depending on the construction of Const. art. 6, $$ 26, 29.-Bratsch v.. People, Ill., 62 N. E. Rep. 895.
68. CRIMINAL LAW-Plea of Former Jeopardy.- A plea of former jeopardy, alleging that the jury at a former trial was discharged without defendant's consent, pre. gents only a question of law for the court, to be deter mined from the record.-Lanphere v. State, Wis., 89 N W. Rep. 128.
69. CRIMINAL LAW-Reasonable Doubt Defined.-Rea. sonable doubt in a criminal case considered and de. fined.-State v. Magnell, Del., 51 Atl. Rep. 606.
70. CRIMINAL LAW-Sentence.-A judgment on a ver. dict of guilty of a crime may be pronounced by a judge who did not preside at the trial.-Lauphere v. State, Wie., 89 N. W. Rep. 128.
71. CRIMINAL TRIAL-Appointment of Counsel.-The supreme court will not appoint counsel for indigent persone charged with crime, especially as the power is not conferred by Rev. St. 1898, § 4713, relating to pay. ment of counsel lees for such persons by the counties. -Howard v. State, Wis., 89 X. W. Rep. 110.
72. CRIMINAL TRIAL- Change of Venue.- Code Cr. Proc. $ 617, does not prohibit an appeal to the supreme court from an order denying to defendant, charged with murder, a change of venue on the ground that he could not secure an impartial trial.- l'eople v. Sarvis, 74 N. Y. Supp. 1067.
73. CRIMINAL TRIAL-Child's Testimony as to Mental Condition.-The refusal to allow a witness 13 years old to testify to the mental condition of defendant at the time of the crime held not erroneous.--Collins v. Peo. ple, ill., 62 N. E. Rep. 902.
74. CRIMINAL TRIAL- Instructions.-An instruction assuming that examinations made by experts were in. complete held properly refused.-State v. Rathburn, Conn., 51 Atl. Rep. 510.
75. DAMAGE8-Action for Injuries.-$1,500 damages, in an action by a washerwoman, 63 years old, against a railroad company for injuries rendering her a probable cripple for life, held not excessive.- Sidmond v. Brooklyn Heights R. Co., 74 N. Y. Supp. 989.
76. DAMAGES-Amount.-$6,000 damages held not ex. cessive for wrongful death of a man 22 years old.Racine v. Erie R. Co., 74 N. Y. Supp. 977.
60. CORPORATIONS- Unliquidated Claims for Torts.In view of Corporations Act, $$ 75.77, held that a per. son having a claim for a tort against an insolvent cor. poration, not reduced to judgment until after the dec. laration of insolvency, was nevertheless entitled to sbare as a creditor in the distribution of assets, pur. suant to section 86. Lehigh & Wikesbarre Co. v. Stevens & Condit Travsp. Co., N. J., 51 Atl. Rep. 446.
61. COUNTIES - Combination Indexes. Under act concerning conveyances (Revision of 1898), held that, where the board of chogen freeholders of the county appropriate money for a combination index, such in. des can be made only by the clerk of the county.Board of Chosen Freeholders v. Conger, N. J., 51 Atl. Rep. 488.
77. DAMAGES-Personal Earnings.-The earnings of a servant in a certain employment at the time he was injured held to be a fair and reasonable measure of bis earning power, and admissible, in an action against his master for personal injuries, as bearing on the damages resulting therefrom.-Illinois Steel Co, v. Ostrowski, Ill., 62 N. E. Rep. 822.
78. DAMAGE8—Specification of Limit.-An instruc. tion, in an action for Injuries, limiting the amount of damages to the amount claimed in the declaration, held not improper, where no reference to the declara. tion.- Central Ry. Co. V. Bannister, Ill., 62 N. E. Rep. 864.
79. DEEDS-Cancellation.- There is no adequate rem. edy for breach of agreement by a son to support bis father in consideration of a conveyance, other tban the restoration of the parti's to their former position. -Glocke v. Glocke, Wis., 89 N. W. Rep. 118.
80. DEEDS-Construction.- A deed granting realty to the grantees, and “to their belrs and assigns, forever," with an attempted limitation to others alter the death of grantees, held to convey a fee-simple to the original grantees.-Kron v. Kron, Ill., 62 N. E. Rep. 809.
81. DEED8–Filling of Blank.-Deed acknowledged by the grantor, without the name of the grantee being therein, and afterwards completed by the insertion of tbe vendee's name by the vepdee under authority of vendor's agent, pot having power of attorney, belu void.-Mickey v. Barton, Ill., 62 N. E. Rep. 802.
82. DEPOSITS JN COURT-Judgment.-Where money realized from the sale of attached properiy is de. posited with the clerk, and after judgment a new ae. tion is brought between the parties to direct the pay. ment of such money, such new action may be treated as a motion in the first action.-Hornish y. Ringen Stove Co., Iowa, 89 N. W. Rep. 95.
83. DIVORCE-Adultery Alter Joinder of Ise. In a suit for absolute divorce, plaintiff cannot get up in a supplemental complaint acts of adultery alleged to have been committed by defendant after the joinder of 1980e upon the original complaint.-Campbell v. Camp: bell, 74 N. Y. Supp. 979.
84. DIVORCE-Cruelty.-A divorce cannot be granted for cruel treatment, under the statute, without evi. dence of a permanent impairment of health by the husband's misconduct.-Wells v. Wells, Iowa, 89 N. W. Rep. 98.
85. EASEMENT8-Grant Not Under Seal.- A grant of right of way as an inducement to the grantee to fur. chase land cornering on his farm held in equity, in view of performance, to grant an indefeasible ease. ment, though not under seal.- Ashellord v. Willis, Ill., 62 N. E. Rep. 817.
86. ELECTIONS- Ballots.- Voter's action in drawing an additional diagonalline through the center of the cross in the circle of the party whose ticket he desired to vote and in the square opposite the name of the individual for whom he desired to vote, held not a fatal irregularity.-Tandy v. Lavery, Ill., 62 N. E. Rep. 774.
87. ELECTRICITY-Live Wire.-In an action against an electric company for negligently causing the death of one who was killed by coming in contact with a guy wire not known to be a live wire, near Its power house and not near a public way, the direction of a verdict for delendant held proper.- McCaughpa v. Owosso & C. Electric Co., Mich., 89 N. W. Rep. 73.
89. EMINENT DOMAIN- Messure of Damages.- The proper measurelor damages in condemnation proceed. ings is the differenec between the value of the land before and after the takiog of the right of way, ex clusive of any benefits conferred.-Lough v. Minneap. olis & St. L. R. Co., Iowa, 89 N. W. Rep. 77.
69. EMINENT DOMAIN- Telegraph Poles.-An effort need not be made to obtain the consent of a mort. gagee of the soil to use it for telegraph poles and wires, when the owner refuses to consent.-Coles v.
Midland Telephone & Telegraph Co., N. J., 51 Atl. Rep. 448.
90. ESTOPPEL-Advancement.-Action of son in treat. ing certain shares of stock advanced to him by bis father as a loan, and not as a techoical advancement, held to preclude him from subsequently claiming the property as an advancement.-Baker V. Baker, Md., 51 Atl. Rep. 566.
91. EVIDENCE-Admissibility.-Io a suit against ad. ministrators to have a resulting trust declared of property purchased by their decedent, she haping been committee for her husband, a lunatic, and bav. ing taken title in her own name, and pot in his, the husband's declarations are inadmissible us against the defendants.-Storm v. McGrover, 74 N. Y. Supp. 1032.
92. EVIDENCE-Harmless Error.-The exclusion of two questions put to a witness held to furoish no ground for complaint, when taken in connection with a following question admitted, as they called for the witness' opinion on a matter of law applied to uodis. closed facts, and, when a proper question was put, it was admitted.-Nesbit v. Crosby, Conn.,51 Atl. Rep. 550.
93. EVIDENCE-Llen.-The owner of a building, con ceding at a trial for the enforcement of llens for work done and materials furnished that certain lieps are valid, cannot withdraw such concession.-Henselv. Johnson, Md., 51 Atl. Rep. 575.
91. EVIDENCE-Revelancy.-Evidence of a violation of a city ordinance is relevant to the question of neg: ligence.-Sturmwald v. Schreiber, 74 N. Y. Supp. 995.
95. EVIDENCE-Ruling on Evidence.-In an action on a contract of a father to convey a larm to a son, a let. ter written by the father to a third party while the son was in possession held inadmissible.-Hutton v. Dor. see, Iowa, 89 N. W. Rep. 79.
96. ExeCOTION-Salary of Public Officer.-Act March 22, 1901, authorizing a jadge, where an execution is returned unsatisfied, to require a debtor to apply part of his income to his debt, does not reached the unearned salary of a public officer.-Spencer v. Morris, N. J., 51 Atl. Rep. 470.
97. EXECUTORS AND ADMINISTRATORS-Testamentary Trusts.-The probate court, in ordering a distribution of a testator's estate, bas no jurisdiction to make ipal adjudication upon the validity of a testamentary trust ag regards the wisdom of the difficulties in the execu. tion thereof.-Appeal of Eliot, Copp., 51 Atl. Rep. 558.
98. FACTORS AND BROKER8-Commissions.-To entitie real estate broker to commissions, he must effect a completed execution of a binding contract.-Carnes y. Howard, Mass., 63 N. E. Rep. 122.
99. FACTORS AND BROKERS-Instruction.-An instruction, in an action by a broker for commissions, that the broker would be entitled to recover it be was the procuring cause of the sale, beld erroneous, as taking the question of plaintiff's employment from tbe jury.-Benedict v. Pell, 74 N. Y. Supp. 1085.
100. FORECLOSURE-Objections.- Objections to sale on foreclosure are unavailable, unless the evidence is preserved in a bill of exceptions.-Simpson y. Snook, Neb., 89 N. W. Rep. 168.
101. FORGERY-Burden of Proof.-The allegation of an indictment being that the forgery was the fraud. ulent filling in of a note, It was incumbent on the state to prove that defendant had no authority to fill in the amount thereof, and that he did so fraudulently and with intent to defraud.-State v. Pratt, Del., 51 Atl. Rep. 604.
102. FRAUDULENT CONVEYANCE8- subsequent Creditors.-subsequent creditors can attack a voluntary deed made by one free from debt only by proving actual fraud.-Kinsey v. Feller, N. J., 51 Atl. Rep. 485.
103. GOARANTY-Notice to Terminate.- Where a writ. tep guaranty of payment for goods sold to another provides that it “shall be a continuing guaranty until further notice,"the guarantor is bound for any balance
due for goods sold before such potice, and parol evi. dence is not admissible to limit liability to one year.Indiana Bicycle Co. v. Tuttle, Cond., 51 Atl. Rep. 538.
104. HIGHWAY8-Laches.-Certiorari by bighway com missioners to review proceedings by supervisors held not quasbable for delay.-Commissioners of Highways of Butler Grove v. Barnes, III., 62 N. E. Rep. 775.
105. HIGRWAYS Negligence. an action for alleged pegligence in leaving a horse and wagon in a bigbway, and thereby causing a collisjon complained of, an Instruction as to the rights and duties of a per: son leaving a horse and wagon in the highway tempo. rarily beld properly refused.-Nesbit v. Crosby, Conn., 51 Atl. Rep. 550.
106. HIGHWAY8-Prescription.-In a proceeding for obstructing a highway held to establish a prescriptive right to the road.-Cox v. Commissioners of Highways of East Fork Tp., Ill., 62 N. E. Rep. 791.
107. HOMICIDE Motive. Though the state, in a prosecution for murder, is under no obligation to sbow a motive for commission of the crime charged, evidence of a motive is admissible for the purpose of furnishing evidence tending to prove guilt, which the jury, in connection with the whole evidence, must consider.-State v. Rathbun, Conn., 51 Atl. Rep. 540.
109. HUSBAND AND WIFE – Estate by the Entirety.A deed to realty, executed to a husband and wife prior to the married woman's act of 1861, beld to p898 an es. tate to them by the entirety.-Kron v. Kron, Ill., 62 N. E. Rep. 809.
109. INFANTI-Suit by Guardian.-An infant cannot prosecute an action by guardian to recover land.Tacktr v. Wbite, Ind., 62 N. E. Rep. 759.
110. ISJONCTION Elevated Railroad. In an abutter's action against two railroad companies, one the
lessor and the other the lesse e of the elevated road complained of, an injunc. tion beld properly granted against both defendants, unless they should pay the total lee damages assessed. - Wasb v. Brook!yn Union Elevated R. Co., 74 N. Y. Supp. 1019.
111. ISJONCTION- Natural Gas Lease. · Iojunction beld issuable to restrain a lessee under a natural gas lease from cuttiog off the supply of natural gas which he has agreed to furnish the lessor and his assigns.Simpson v. Pittsburg Plate Glass Co., Iod., 62 N. E. Rep. 753.
112. INSANE PERSONS- Judgment against Conserva. tor.- Uoder Hurd's Rev. St. 1899, p. 1130, cb. 86, and Id. p. 99, ch. 1, $ 20, where the conservator of a defendant becoming insane was not made a party, as an executor or administrator would be, held error to render judgment in ejectment against the defendant and the conservator, and award a writ of possession against both.-Scott v. Bassett, II!., 62 N. E. Rep. 914.
113. INSURANCE-Medical Examiner.-Medical exam. iner held agent of the insurance company, and not of the applicant for a life Insurance policy.-Sternaman v. Metropolitan Life Ins. Co., N. Y., 62 N. E. Rep. 763.
114. INSURANCE-Policy.-St. 1894, ch.622, $ 73, requir. ing llle policies to include a copy of the application, held not to apply to a contract of life insurance ex. ecuted in a foreign state between a foreign company and a person domiciled in Massachusetts. - Johnson 7. Mutual Life Ios. Co., Mass., 62 N. E. Rep. 733.
115. INTERNAL REVENUE – Stamp Act. Act Cong. June 13, 1898, $$ 13, 14, held not to render a note not stamped void and inadmissible in a state court, but only in a federal court.- Richardson v. Roberts, Ill., 62 N. E. Rep. 840.
116. INTOXICATING LIQUORS Recovery Against County.-Where a surety on a liquor dealer's bond, pending a suit against him for the delinquent tax, causes the property to be sold to satisly the lien, and purchases it, be voluntarily satisfies the county's de: mand against him, and cannot recover against the county, under Code, $ 1946, on it being determined
that the tax was udenforceable as a llen.-Guedert v. Emmet County, Iowa, 89 N. W. Rep. 85.
117. JUDGMENT-Collateral Attack.- Where a judgment awards attorney's lees to one of the parties, an objection that such fees could not properly be taxed in such a case cannot be entertained in a proceeding to collect such judgment.-Hornish v. Ringen Stove Co., Iowa, 89 N. W. Rep. 95.
118. JODGMENT-Date of Liep.- Under 2 Starr & C. Ann. St. (2d Ed.) p. 2454, art. 12, § 1, where the transcript recites the execution on the justice's judgment and return as required, the Aling and recording of it in the circuit court create a lien. – O'Brien v. Good. ing, III., 62 N. E. Rep. 898.
119. JUDGMENT-Error.-Under Rev. St. 1898, $ 2832, the imposition of costs on plaintiff in setting aside a judgment on defendant's motion held erroneous.Port Huron Eogine & Thresber Co. v. Clements, Wis., 89 N. W. Rep. 160.
120. JODGMENT-Exceeding Demand.- Where, in an action of ejectment, judgment is awarded to plaintiff for a greater amount of damages thap demanded in tne eomplaint, and there is no request to amend the demand, the judgment is erroneous. - Beranek v. Beranek, Wis., 89 N. W. Rep. 146.
121. JUDGMENT - Inconsistency. Fact that decree dismissing bill as to one defendant would be inconsistent with prior decree against other defendant could pot preclude court from entering same. - Goff v. Hathaway, Mass., 62 N. E. Rep. 722.
122. JUDGMENT-Res Judicata.-Recovery for injury to property held not a bar to another action for in. jury to the person caused by the same act of degli. gence.-Reilly v. Sicilian Asphalt Paying Co., N. Y., 62 N. E. Rep. 772.
123. JUDGMENT-Setting Aside.- Tbat two of a series of certain notes accompanied by warrant of confes. sion of judgment for amounts due or to become due, were not payable when judgment was entered, held pot cause for setting it aside, especially under Rev. St. 1898, $$ 285, 2896.- Port Huron Engine & Thresher Co. v. Clements, Wis., 89 N. W. Rep. 160.
124. JODICIAL SALE8-Appraisal.- Order of copfirma. tion of judicial sale will not be set aside on the ground that the appraisal was too low.-Omaha Suv. Bank v. Tracy, Neb., 89 N. W. Rep. 169.
125. JORY-Summoning Jurors. - Pub. St. ch. 170, $ 11, held not to require clerks in issuing venires for jurors, to summons from each town a number in proportion to their respeotive inhabitants on each occasion, but only that the service from term to term be so apportioned.- Commonwealth v. Best, Mass., 62 N. E. Rep. 748.
126. JUSTICE OF THE PEACE - Jurisdiction.- Under Mechanic's Lien Act, $ 9, an action by a contractor to enforce a lien before a justice will not lie.-O'Brien v. Gooding, Ill., 62 N. E. Rep. 899.
127. LANDLORD AND TENANT-Dangerous Premises.Under the evidence in a suit by a pedestrian injured by falling through a defective collar opening, defendant's liability as owner held to be for the jury. – Sturmwald v. Schreiber, 74 N. Y. Supp. 995.
128. LARCENY Attempt. An attempt to commit Tarceny from the person held to be within the cate. gory of crimes included in Rev. St. 1898, $ 4385. -State v. Lewis, Wis., 89 N. W. Rep. 143.
129. LIFE INSURANCE-Suicide.-Provision in life in. surance policy that “policy is void in case of death by suicide" held pot a defense, if the sbooting by deceased was involuntary or done while he was insane. -Central Mut. Life Ins. A930. V. Anderson, Ill., 62 N. E. Rep. 838.
130. LIMITATION OF ACTIONS- Loan to Husband by Wile.--Limitations do not run against a wife, as between herself and husband, so as to bar her claim against his estate for money loaned to him.-Gudden v. Gudden's Estate, Wis., 89 N. W. Rep. 111.
131. MANDAMUS– Village Clerk. Mandamus will not issue to compel a village clerk to attend the meetings of the village council.-Cady v. Ihoken, Mich., 69 N. W. Rep. 72.
132. MASTER AND SERVANT-Assumption of Risk.-A railroad employee assumes the ordinary risks of the employment, but not the danger arising from the negligence of his fellow.servants.- Schus v. Powers. Simpson Co., Mion., 89 N. W. Rep. 68.
133. MASTER AND SERVANT – Assumption of Risk. Doctrine that employer must furnish employee with safe place for work does not apply to case where em. ployee is called on, with knowledge, to do work in. herently hazardous, such as repairing defects. Wahlquist v. Maple Grove Coal & Mining Co., Iowa, 89 N. W. Rep. 98.
134. MASTER AND SERVANT-Assumption of Risk.-A paragraph in a complaint for personal injury to an employee held bad on demurrer, as showing that plaintiff assumed the risk, and also as showing contributory negligence.- Walker v. Webking, Ind., 63 N. E. Rep. 128.
135. MASTER AND SERVANT- Dangerous Machinery.A young and inexperienced person, employed to operate a dangerous machine, should be instructed how the service may be salely performed and the risk avoided, and admonished against the dangers of care. Tessne89.-Welsb v. Butz., Pa. 51 Atl. Rep. 591.
136. MASTER AND SERVANT – Evidence. - Where defendant denied the contract for labos sued on, and alleged payment, his declaration, after plaintiff bad left his employ, that he would pay plaintiff a certain sum, was admissible in evidence. – Murphy v. De Haan, Iowa, 89 N. W. Rep. 100.
137. MASTER AND SERVANT - Notice of Lien.-A plasterer employed by a building contractor, who served on the owner within 60 days after completing the work his lien notice, held entitled to a lion for the plastering and, painting, but not for materials fur: nished under a separate contract more than 60 days before the service of the notice.-Hensel v. Johnson, Md., 61 Atl. Rep. 575.
138. MECHANICS' LIENS Building Contract.-Con. tract for construction of a house beld modified before subcontractors bad acquired any rights, and that the new features should be considered in determining whether payments made by the owner were in accordance with the contract, so as to discharge him pro tanto from liability to subcontractors.-Abbey v. Hurs zer, Conn., 51 Atl. Rep. 613.
139. MECHANICS' LIENS-Contracts.-A subcontractor can have no lien on the 20 per cent. of the value of the work done, wbica, under the contract, is to be held up until the completion of the building, where the main contractor abandons the job before coin pletion. -Hawkins v. Burrell, 74 N. Y. Supp. 1003.
140. MECHANICS' LIENS-Subcontractor's Rights.Where an owner wrongfully pays a contractor, in vio. lation of Hurd's Rev. St. 1899, p. 1113, $ 33, the lact that the contractor failed to perform part of the work will not defeat the subcontractor's lien, when the contract price, alter deducting the value of the work lailed to be performed, exceeds the amount due the subcon. tractor.–Keeley Brewing Co. v. Neubauer Decorating Co., Ill., 62 X. E. Rep. 923.
141. MINKS AND MINERALS–Natural Gas Lease.-Nat. ural gas lease construed, and held to obligate lessee to pay $100 annually during continuance of lease, and to supply gas to lessor, where he had failed to drill a well on the land as required. -Simpson v. Pittsburgh Plate Glass Co., Ind., 62 N. E. Rep. 753.
142. MORTGAGE8-Appointment of Receiver.- Subse. quent mortgagee, instituting foreclosure and securing appointment of receiver for the rents, held not to have acquired superior equities over prior mort. gagees, so as to be entitled to have the rents applied on his mortgage.-Bradley & Currier Co. v. Hofmann, 74 N. Y. Supp. 1076.1
143. MORTGAGES--A9sumption of Personal Liability -Action to enforce personal liability of grantee of land subject to mortgage, wbich by the deed he agrees to pay, cannot be maintained by the mortgagee with. out consent of the grantor.-Fisler v. Reach, Pa., 51 Atl. Rep. 599.
144. MORTGAGES-Attorney's Fees.-Provisions of a trust deed as to attorney's fees held such as not to warrant the allowance of a fee of over $100 on foreclos. ure.-Henke v. Gunnenbauser, Ill., 62 N. E. Rep. 896.
145. MORTGAGES – Equity of Redemption.-The fact that the purchaser of the equity of redemption in land was not a party to the proceedings to foreclose the mortgage held not to prevent the legal title from pass. ing to the purchaser at the mortgage sale.-Alsup v. Stewart, Ill., 62 N. E. Rep. 795.
146. MORTGAGES Possession.- Where mortgaged land was vacant and unoccupied until the mortgagee took possession and fenced and rented the land to a tenant, within 15 years after the mortgage debt was due, the rights of a grantee of the mortgagor are sub. ject to the mortgage.- Mead y. Fitzpatrick, Conn., 51 Atl. Rep. 515.
147. MORTGAGES - Priority.-Where trust deeds are executed to secure absolute loans, and at the same time another deed is executed, to be used, if neces. sary, alter euch loans are exhausted, the first men. tioned deeds have priority over the other, though all are recorded at the same time.-Schaeppi v.Glade, Ill., 62 N. E. Rep. 874.
148. MORTGAGES-Right to Intervene.-One claiming title adversely to the nortgagor as a purchaser under execution sale cannot have his claims litigated by in. tervention in a suit to foreclose the mortgage.-Ennis V. Wolff, III., 62 N. E. Rep. 812.
149. MORTGAGES – Settlement.-In an action to fore. close a mortgage, an answer that the mortgagee failed to execute an agreement to relduse separate lots on a pro rata payment of the debt held insuficient to show. damage to the mortgagor.-Morris v. Calumet & C Canal & Dock Co., III., 62 N. E. Rep. 813.
150. MONICIPAL CORPORATIONS – - Apportiopment of Expenses.-The report of park commissioners ap. pointed under St. 1899, ch. 419, held pot subject to ob. jection that it could not be ascertained from the award what method of apportiopment of park expenses was adopted by the commissioners.-In re De Las Casas, Mass., 62 N. E. Rep. 739.
151. MONICIPAL CORPORATIONS-Constitutional Law, -P. L. 1897, p. 246, entitled "An act concerning the qualifications of commissioners in incorporated towns of the state," in general terms applying to every in. corporated town in the state, whether organized 10. der general act, P. L. 1895, p. 218, or special charter, is pot unconstitutional as a special act.-Butler v. Towa of Montclair, N. J., 51 Atl. Rep. 194.
152. MONICIPAL CORPORATIONS-Local Improvement. -An ordinance for grading a public square and approaches, which does not fix the height of the grade, or detine what is meant by approaches, but leaves such matters to the discretion of the engineer, and does not clearly describe the land to be graded, is invalid.-De Witt County v. City of Clinton, Ill., 62 N. E. Rep. 780.
153. MUNICIPAL CORPORATIONS · Penalty for Violating Ordinances.-Under Atlantic City Charter (P. L 1866, p. 314), § 7, the council may enact a maximum pen. alty for violation of ordinance, and permit the court to exercise its discretion in adjusting the penalty to the particular case.-City of Atlantic City v. Crandol, N. J., 51 Atl. Rep. 417. 154. MUNICIPAL CORPORATIONS – Public Improve. ments.-The court will not interfere with the action of a city in relation to a public improvement, so long as it acts honestly and within the limits of its power. -Suburban Land & Improvement Co. v. Borough of Vailsburg, N. J., 51 Atl. Rep. 469.