ble to the real owner for conversion of the same. Kearney v. Clutton (Mich.), 59 N. W. Rep. 419. A purchaser of cattle, who drives from the pasture a greater number than he has bargained for, is guilty of a conversion of the excess to his own use, even though he may have been acting under a mistake; and, in an action for such conversion, evidence as to the contract of purchase is admissible. Williams v. Deen, 24 S. W. Rep. 536, 5 Tex. Civ. App. 575. A demand and refusal to deliver a certificate of stock which defendant honestly believes has been burned does not show conversion. McDonald v. Mackinnon (Mich.), 62 N. W. Rep. 560. A person who takes away wood after being notified of the title of another thereto is liable for its conversion. Noyes v. Stone (Mass.), 40 N. E. Rep. 856. A plaintiff who dismisses a garnishment of goods claimed by the garnishee under a mortgage given by defendant, and subsequently attaches the goods in the mortgagee's hands, is not liable for conversion. Toledo Sav. Bank v. Johnston (Iowa), 62 N. W. Rep. 748. Where defendant directed his employee to feed his cattle with hay belonging to plaintiff, which was on defendant's farm, and the employee made such use of a part of the hay defendant was guilty of a conversion of it all. Brown v. Ela (N. H.), 30 Atl. Rep. 412. Where goods similar in kind are de livered in a lump to a warehouseman for storage, part of which are subject to a mortgage, the refusal of the warehouseman to select from such goods those sub. ject to the mortgage, does not constitute a conversion thereof. Economy Furniture Co. v. Chapman, 54 Ill. App. 122. In an action for conversion, it appeared that plaintiff was lessee for five years of certain heifers, the product of which was to be divided between him and the owner; that plaintiff wrote the owner that she must either take $11 per head, or come and get the cattle, as there was no feed on their range; that the owner reasonably accepted the offer, and waited three weeks for plaintiff to close the sale; that he did nothing; and that her husband, as her agent, took the cattle. Held, that there was no conversion. Powers v. Klenzie (Mont.), 38 Pac. Rep. 833. A finding that barley subject to mortgages to plaintiff and defendant was to be stored by defendant in plaintiff's name, that he stored it in his own name, that plaintiff's demand of enough to secure his claim was not complied with, and that the barley was sold by defendant, and the proceeds retained by him, shows a conversion of the barley. Fette v. Lane (Cal.), 37 Pac. Rep. 914. Defendants, pursuant to plaintiff's instruction, forwarded a note belonging to him to an investment company for collection. The note was collected, but with out defendants' knowledge the proceeds were credited to them on securities in their hands belonging to the company, and the company became insolvent without returning the proceeds. Held, that there was no con. version of the note by defendants. Gilbert v. Walker, 30 Atl. Rep. 132, 64 Conn. 390. Defendant agreed with S, its debtor, to prepare a three months note for S to sign, and to accept the same in satisfaction of its claim, provided S procured the indorsement of a responsible person within two days. On the next day defendant induced S to execute to it a bill of sale of his stock as temporary security till an indorser of the note could be procured, whereupon the sale was to be of no ef fect. On the day following, S tendered a responsible indorser, who objected to the form of the note, which defendant had made payable on demand, but the latter declined to prepare another in the form agreed on, and took possession of S's stock under the bill of sale, together with the proceeds of sales made since its ex ecution. Held, that defendant was liable for conver sion. Lovell v. Hammond Co., 34 Atl. Rep. 511, 66 Conn. 500. Defendant bought at execution sale, personal property on which plaintiff had a lien, and agreed with plaintiff to take the property subject to the lien, and sell the same for plaintiff, or pay cash therefor himself; the title to remain in plaintiff until payment of the money. Held, that where defendant kept the property, and refused to pay cash therefor, or to deliver the same to plaintiff on demand, such conduct constituted a conversion. Wilson Coal & Lumber Co. v. Hall & Brown Woodworking Mach. Co. (Ga.), 22 S. E. Rep. 530. Where a person sends a draft to a corporation, to be discounted, and the proceeds used to pay a note of the corporation on which the sender was liable as indorser, and the president of the corporation, though ignorant that the draft was sent for such purpose, uses the proceeds to pay other debts of the corporation, he is liable to the sender for conversion of the draft. Kidder v. Biddle, 42 N. E Rep. 293, 13 Ind. App. 653. A lease of land made it March authorized the lessee to sow the land in wheat, and provided, in case of a sale of the land by the les sor, that the lessee should give possession on 30 days' notice. The lessor died after the land was sowed in wheat, and the land was sold, by order of the court, in February following, and possession given by the lessee to the purchaser, who harvested the wheat in the following July, without objection from the lessee Held, that the lessee could not recover in conversion the value of the wheat from the purchaser. Austin v. McMains (Ind. App.), 43 N. E. Rep. 141. Where a tenant who sowed wheat on shares assigned his interest before harvest, a sale of the tenant's share by the landlord, whether made before or after the assignment, and his refusal to let the assignee remove the same, gave the latter a right of action against the landlord for conversion. Dale v. Jones (Ind. App.), 44 N. E. Rep. 316. An invalid attempt to foreclose a chattel mortgage, the mortgagee bidding in and retaining the property, is not a conversion thereof. Brown v. Mynard (Mich.), 65 N. W. Rep. 293. Plaintiff employed defendant as an attorney to bring suit on a claim, and sent a check, payable to defend ant's order, to cover disbursements. Defendant cashed the check, but, having induced the debtor to promise payment without suit, used the proceeds for his own purposes. Held, that trover for conversion of the check, or of the proceeds thereof, would not lie. Shrimpton & Sons v. Culver (Mich.), 67 N. W. Rep. 907. In an action on a note it appeared that, at the time defendant made it, she pledged to plaintiff's intestate other notes as collateral security; that decedent had repledged them as collateral to a loan made to himself, and that plaintiff was unable to produce them; that defendant admitted her liability on her note, and, in a counterclaim, prayed judgment against decedent's estate, for the difference between the value of the collateral notes and the amount due from her. Held, that the repledging of the notes was a conver sion, and that defendant was entitled to judgment as prayed. Richardson v. Ashby (Mo. Sup.), 33 S. W. Rep. 806. Money taken forcibly, and without the consent of the owner, may be recovered back, though the owner was indebted to the wrongdoer in an amount as great as the sum taken. Murphey v. Virgin (Neb.), 66 N. W. Rep. 652. Where an attachment is levied on the property of a third person under the mistaken be lief that it belongs to the defendant in the attachment suit, the title of the owner is not thereby changed, unless he treat the property as abandoned to the offcer or attaching creditor, and sue for its conversion. That an officer forecloses a chattel mortgage, invalid as against an attaching creditor of the mortgagor, for failure to record the same, the possession of the prop erty being in no way interfered with by the officer or purchaser at the foreclosure sale, does not constitute a conversion, as against the attaching creditor. Thorp v. Robbins (Vt.), 33 Atl. Rep. 896. Where a chattel mortgagee finds the mortgaged property in the possession of defendant, and demands it, and defendant replies that nobody could get the property who did not have a better right, it constitutes conversion. Mitchell v. Thomas (Ala.), 21 South. Rep. 991. Acceptance by a creditor from his debtor of a preferential security, voidable under the insolvent law, is not a conversion. Hay v. Tuttle (Minn.), 69 N. W. Rep. 696. Refusal of a corporation to issue certificates to the owner of shares of stock is a conversion of the shares for which trover will lie; and a petition alleg. ing that certificates were fraudulently and without authority canceled, and that the corporation refused to issue others in lieu thereof, states a cause of action. Withers v. Lafayette County Bank, 67 Mo. App. 115. It is a conversion of a note to negotiate it where it was obtained by false representations, or was given to be used only on a contingency which had not occurred. Boyer v. Fenn (City Ct. N. Y.), 43 N. Y. S. 506. A sale of property by one of two joint owners does not constitute a conversion of the interest of the other owner by the purchaser. Worsham v. Vignal (Tex. Civ. App.), 37 S. W. Rep. 17. Plaintiff alleged that at the instance of defendants he employed D to get out ties for a railway company, for which defendants agreed to pay plaintiff or D a certain price; that D gave him a mortgage on the ties to secure money advanced; that subsequently defendants and the railroad company, with the consent of plaintiff or D, took the ties into possession, and converted them to their own use. Held that, as the ties were taken with the consent of plaintiff, the action would not lie as an action for conversion. Houston, E. & W. T. Ry. Co. v. Garrison (Tex. Civ. App.), 87 S. W. Rep. 971. Sand or gravel, while it remains in the original bed where deposited, is part of the realty, and cannot be subject to an action for conversion. Glencoe Sand & Gravel Co. v. Hudson Bros. Commission Co. (Mo. Sup.), 40 S. W. Rep. 93. An agent who, in behalf of his principal, takes the property of another without the latter's consent, is, as to the latter, guilty of a conversion, though, through ignorance of the state of the title, he acted in good faith, and turned the property over to his principal before he had notice who was the owner. Miller v. Wilson (Ga.), 25 S. E. Rep. 578, 98 Ga. 567. Every person who abets in the conversion of the property of a third person is liable for the value of the property converted. D. M. Osborne & Co. v. Plano Mnfg. Co. (Neb.), 70 N. W. Rep. 1124. BOUVIER'S LAW DICTIONARY, VOL. 1. We find it stated in the preface that "this work as originally prepared by its learned author, Judge Bouvier, in 1839, was more strictly a dictionary of the law. The edition of 1867 was prepared by many hands, and was somewhat of a legal encyclopedia as well as a law dictionary. The edition of 1883, which was the work of the present editor, added a large amount of new matter along both lines, but more particularly in the way of an encyclopedia. In the present edition it has been the editor's aim to make the work a complete dictionary of the law and also to develop still more fully its encyclopedic side, extending very largely the lines on which the editions of 1867 and 1883 were based, and he has endeavored, by rearranging titles and by cross-references, to unify and harmonize the whole... The present edition contains a large number of words which did not appear in the earlier editions as well as very many words and titles which have come into the law in late years. A large part of the work has been rewritten and every title has been carefully revised and corrected." It seems needless to say anything as to character and reputa tion of this work, which has, for years, been well and favorably known to all practitioners. We feel that we voice their sentiment in giving a cordial welcome to this new edition and we regard it as a fortunate circumstance that its preparation has been in the hands of so competent a jurist as Francis Rawle, Esq. This volume has about eleven hundred pages and pre sents a handsome typographical appearance. The second volume, we understand, will shortly appear. It is published by the Boston Book Co., Boston, Mass. ......... .3, 4, 13, 58, 65, 96, 101 .16 ..12, 26, 41, 52, 53, 54, 100 ...11, 72, 76, 111 ...21, 98 43 ..15, 40, 47, 74 .8, 10, 14, 17, 49, 50, 60, 62, 71, 82, 84, 86, 90 .51, 67, 77 36, 37, 59, 64 .20 .48, 61, 103 ..116 .......83, 91, 93, 107 ..18, 27, 46, 92, 95, 115 57 ..6, 31, 32 .44 OREGON...... PENNSYLVANIA ... SOUTH CAROLINA... SOUTH DAKOTA... UNITED STATES C. C... TEXAS......................... .34, 35, 56, 66, 68, 70, 79, 85, 97, 104, 106, 110 UNITED STATES C. C. OF APP... UNITED STATES S. C..... UTAH..... VIRGINIA.. WISCONSIN. ...1, 24, 29, 42, 87 23, 25, 78 ..19, 63, 73 .......5, 55 ........105 ..7, 75, 112 1. ADMINISTRATION-Executors De Son Tort - Contracts. The sons and sole heirs-at law of a banker, who died intestate, continued the business of the bank after his death, and prior to the appointment of an administrator; and during such time certificates of deposit were issued, and deposits received, in the name of the bank. Some of the certificates were in renewal of former certificates canceled, and some covered deposits made both before and after the father's death: Held, that the sons had no power to bind the estate by any new contracts, though the business was continued for its benefit, and that they became individually liable on the obligations so created.-KELLEY V. KELLEY, U. S. C. C., S. D. (Ohio), 84 Fed. Rep. 420. 2. ADMINISTRATION-Foreign Judgment against Ex. ecutor.-Letters testamentary have no extraterritorial operation, and a judgment rendered in a foreign State against an executor appointed in Alabama is void.JEFFERSON V. BEALL, Ala., 23 South. Rep. 44. 3. APPEAL-Bill of Exceptions.-Under Rev. St. 1894, § 642 (Rev. St. 1881, § 630), providing that either party may reserve any question of law decided during the progress of the cause, the overruling of a motion for a new trial cannot be considered on the filing of a bill of exceptions under such section, as the question did not arise during the progress of the cause.-HANEY V. FARNSWORTH, Ind., 49 N. E. Rep. 383. 4. APPEAL-Special Findings by the Court.-Where the record shows that what purports to be a special finding made and filled by the judge trying the case was not signed by him, it can only be treated as a general finding.-SMITH V. GOETZ, Ind., 49 N. E. Rep. 386. 5. APPEAL-Grantee Pendente Lite.-Where an undertaking on appeal is given, pursuant to section 1000, Rev. St. U. S., to a plaintiff in a cause involving the possession of land, a grantee of the plaintiff pendente lite acquires no right which can be enforced in his own name in an action upon the undertaking, unless such grantee shall have had himself substituted as plaintiff in the original action.-HANKS V. MATTHEWS, Utah, 52 Pac. Rep. 7. 6. ASSAULT AND BATTERY-Arrest.-A charge that defendant, in executing a warrant, was acting as an officer in good faith, the jury cannot convict him of assault and battery of a high and aggravated nature, would erroneously take away from the jury the question whether defendant acted with unnecessary rude. ness toward prosecutor.-STATE V. CLARK, S. Car., 28 S. E. Rep. 906. 7. ASSIGNMENT FOR CREDITORS-Validity.-A chattel mortgage given to several creditors, with an oral understanding that one should take possession and convert the property into money for the benefit of all, is in effect a voluntary assignment for the benefit of creditors, though all the mortgagor's property is not included in the mortgage.-DAHLMAN V. GREENWOOD, Wis., 74 N. W. Rep. 215. 8. ATTORNEY'S LIEN-When Allowed.-An attorney called in by other counsel to assist them in the prepa ration and trial of an action has a lien for his services on the judgment obtained by his clients in said action. -PEOPLE V. PACK, Mich., 74 N. W. Rep. 185. 9. BANKS AND BANKING-Checks-Refusal to PayLiability.-A bank is not justified in refusing to pay a check because the drawer orders it not to pay it, where it has sufficient funds of the drawer on deposit to pay it when presented for payment.-GAGE HOTEL Co. v. UNION NAT. BANK, Ill., 49 N. E. Rep. 420. 10. BASTARDY-Evidence - Resemblance to Defend. ant.-A conviction in bastardy proceedings will not be reversed because the jury was asked to consider an alleged resemblance between defendant and the child. -PEOPLE V. WING, Mich., 74 N. W. Rep. 179. 11. BILLS AND NOTES-Assignments.-To hold an assignor of a non-negotiable note liable, the maker must be pursued to insolvency.-EDGEWOOD DISTILLING CO. V. NOWLAND, Ky., 44 8. W. Rep. 364. 12. BILLS AND NOTES-Non-negotiable Notes.-Where the eight promissory notes sued on each contains the following words: "This note is secured by a mortgage on real estate. This note may become due and pays. ble at once by reason of the failure to comply with the conditions of the accompanying mortgage, which is made a part hereof;" and where the mortgage secur. ing the notes and therein referred to provided that the notes which, by their terms, matured at different dates, should become at once due and payable upon the failure of the mortgagor to pay the taxes and assessments levied against the mortgaged land before the same became delinquent: Held, that the notes were non-negotiable.-WISTRAND V. PARKER, Kan., 52 Pac. Rep. 59. 13. BILLS AND NOTES-Waiver of Protest.-Where there is a waiver by the drawers and indorsers of presentment for payment and notice of non-payment contained in the body of a negotiable note, the indorsers adopt such agreement by their indorsement, and they cannot complain of the indorsee's delay in bringing suit; the maker having become insolvent some time after the maturity of the note.-STATE v. HUGHES, Ind., 49 N. E. Rep. 393. 14. BOUNDARIES-Adjustment by Parol.-Where the true line between two adjoining owners is uncertain or unascertained, they may mutually adjust the line by parol; and a fence erected on such line, and acquiesced in for 30 years, becomes the legal division.-TRITT V. HOOVER, Mich., 74 N. W. Rep. 177. 15. BUILDING AND LOAN ASSOCIATIONS-Taxation.-A building and loan corporation formed under the gen eral law, whose shares were exempt from taxation to the extent of its investment in mortgages, afterwards accepted an amendment to its charter by Acts 1892, ch. 171, whereby its powers were greatly increased, and its field for investment more widely extended: Held, that shares invested in mortgages under such additional powers are subject to the laws regulating corporations formed by special act, and are not exempt from taxa. tion.-SALISBURY PERMANENT BLDG. & LOAN ASSN. V. COMMRS. OF WICOMICO COUNTY, Md., 39 Atl. Rep. 425. 16. CARRIERS OF GOODS-Limiting Liability.-A con dition in a shipping contract providing that the cars are to be in charge of the shipper while in transit, and that the shipper assumes the duty of caring for the stock at his own expense and risk, is not in violation of Code, § 2074, providing that no contract shall except any railroad corporation from the liability of a common carrier, where the shipper has assumed contrǝl, unless the carrier seeks by said condition to escape liability for injury caused by its failure to furnish proper facilities.-GRIEVE V. ILLINOIS CENT. R. Co., Iowa, 74 N. W. Rep. 192. 17. CHATTEL MORTGAGE-Validity-Antecedent Debt. -A chattel mortgage, taken in good faith, on a stock of merchandise, given to secure an antecedent debt, the inducement to the giving of which mortgage was a promise of further advances or credit to the mort. gagors, which advances were made as promised, is a valid lien, to the extent of advances so made, on goods sold by third parties to the mortgagors, who were induced to sell, before said advances were made, by false representations of mortgagors that they owed nothing on their stock of goods; said mortgage being given after said goods were sold, and after said advances were made.-HEES V. CARR, Mich., 74 N. W. Rep. 181. 18. CONSTITUTIONAL LAW-Female Suffrage.-Const. art. 2, § 2, provides that in all elections not otherwise provided for, every white male citizen shall be entitled to vote. Article 8, § 3, provides that the legislature shall provide for the establishment of a uniform sys. tem of common schools. Sess. Laws 1891, p. 130, § 1, provides that in all school districts any citizen shall be entitled to vote at a school meeting who "has property in the district upon which he or she pays a tax:" Held, that women are entitled to vote at a school meeting for director of the district, the constitutional quali fications not applying to voters provided for under the special power of the legislature to establish a system of common schools.-HARRIS V. BURR, Oreg., 52 Pac. Rep. 17. 19. CONSTITUTIONAL LAW - Interstate Commerce · State Statutes.-A State statute declaring that a com. mon carrier accepting goods for transportation to a point beyond its own terminus assumes an obligation for their safe carriage to that point, unless otherwise provided by a written contract signed by the shipper (Code Va. 1887, § 1295), merely establishes a rule of evi dence, and does not restrict the right of the carrier to limit his obligation by contract, and hence is not, as applied to interstate commerce, a regulation thereof so as to be void under the federal constitution.-RICHMOND & A. R. Co. v. R. A. PATTERSON TOBACCO CO., U. S. S. C., 18 S. C. Rep. 335. 20. CONTRACT-Building Contract-Award.-The low. est bidder for the construction of a building, who fails to execute a bond, or to sign a contract therefor, as he understood he was to do, cannot maintain an action for damages for breach of contract, based upon his bid.-HOGAN V. SHIELDS, Mont., 52 Pac. Rep. 55. formal or voluntary act on its part, to the prejudice of its creditors either then or thereafter existing, by dis tributing any part of it among the stockholders by way of dividend, or by giving any part of it to one or more stockholders, or by disposing of any part of it in any other manner, except by way of changing its form to meet the exigencies of the corporate business.-HAMOR V. TAYLOR-RICE ENGINEERING CO., U. S. C. C., D. (Del.), 84 Fed. Rep. 392. 25. CORPORATIONS Transfer of Property Ultra Vires.-The action of a corporation in transferring its property and business to another corporation is not ultra vires except as to creditors prejudiced thereby, or non assenting stockholders, and their right to a rescis. sion may be waived.-POST V. BEACON VACUUM PUMP & ELECTRICAL Co., U. S. C. C. of App., First Circuit, 84 Fed. Rep. 371. 26. COUNTIES-Defective Bridges.-A county is liable to any person who, without contributory negligence, is injured by the fall of a defective bridge while such person is at work under the bridge. The statute giv. ing the right of action applies as well to those who are rightfully under the bridge as to those who are traveling over it.-VICKERS V. BOARD OF COM'RS OF CLOUD COUNTY, Kan., 52 Pac. Rep. 73. - 27. COUNTY-Pleadings Complaint-Sufficiency.-A complaint, in an action by a county against its former clerk, alleging that defendant "had and received from said county, without any consideration whatever, in warrants drawn upon the treasury of said county," certain sums, and that said sums were received upon a pretended right to an additional compensation over the fees allowed by law, whereas defendant was not entitled to such additional compensation, and praying judgment for the amounts thereof, is bad, as not alleg. ing that said warrants had ever been paid by the county.-KLAMATH COUNTY V. LEAVITT, Oreg., 52 Pac. Rep. 20. 28. COUNTY SUPERVISORS - Compensation.-A mem. ber of a committee appointed by the board of supervisors, from among their number, to confer with like committees from other counties to prevent the deposit of debris, gravel, and other material into rivers, cannot recover from the county compensation for his expenses or services; they being no part of his official duties, and not authorized by law.-IRWIN V. YOBA COUNTY, Cal., 52 Pac. Rep. 35. 21. CONTRACTS 22. CORPORATION-Insolvent Corporation-Mortgage. -An insolvent corporation may mortgage its property to one who had been until immediately preceding the transaction a stockholder, although all the stockhold. ers are her relatives, where it is a bona fide transaction for a valuable consideration.-BURCHINELL V. BENNETT, Colo., 52 Pac. Rep. 51. 23. CORPORATION-Insolvent Corporation-Officer as Creditor. A director of a corporation, who is also a creditor, is not guilty of a fraud because he places his claim in judgment, and sells the property of the cor poration thereunder, provided he thereby obtains no advantage of other creditors; and where he buys the property himself, and fails to divide the proceeds with another creditor, of whose claim he has no knowledge, he can be held accountable by such other creditor for only a proportionate share of the actual value of the property so obtained,-not less than the amount bid. -KITTEL V. AUGUSTA, ETC. R. Co., U. S. C. C. of App., Second Circuit, 84 Fed. Rep. 386. 24. CORPORATION - Capital Stock.-In the absence of statutory authority in that behalf a corporation, whether solvent or insolvent, has no legal power to reduce the fund represented by its capital stock by any Federal Question.-A bill to restrain the enforcement of a city ordinance fixing the rates of charge by a water company, on the ground that such rates are so unreasonably low as to amount to a taking of the property of the water company without just compensation, presents a federal question.CONSOLIDATED WATER CO. v. CITY OF SAN DIEGO, U. S. C. C., S. D. (Cal.), 84 Fed. Rep. 369. 30. CRIMINAL EVIDENCE-Homicide-Conspiracy.-In establishing a conspiracy to commit murder, declara. tions made by the conspirators during the interval of three or four months prior to the murder, some of which were made in defendant's presence and others not, are admissible as showing the very inception of the conspiracy.-PEOPLE V. GREGORY, Cal., 52 Pac. Rep. 41. 1 31. CRIMINAL EVIDENCE Murder-Testimony of Co. defendant.-Code Cr. Proc. § 63, providing that in crim. inal cases the defendant shall be allowed to testify as to the facts and circumstances, did not make him a competent witness for a co-defendant with whom he was jointly indicted.-STATE V. FRANKS, S. Car., 28 S. E. Rep. 909. 32. CRIMINAL LAW-Disposing of Personal Property Covered by Lien.-Under Code Cr. Proc. § 277, providing that any person who disposes of or sells personal property on which a lien exists without the written consent of the lienholder, and shall fail to pay the debt or deposit the amount thereof with the clerk of the court within 10 days after such disposition, is guilty of a misdemeanor, a sale of cotton subject to a landlord's lien by a constable under judicial process under a crop warrant issued by the landlord is not such a sale by the owner, who objected thereto, as will subject him to the terms of the statute, although he recovered back from the constable and owner of the lien the value of the cotton.-STATE V. JOHNSON, S. Car., 28 S. E. Rep. 905. 33. CRIMINAL LAW - Embezzlement.-A broker, who retained the difference between the amount asked by a vendor and the amount paid by the purchaser, and who admits the retention of such money, and claims title to it as his commission, is not guilty of embezzlement, under Pen. Code, § 511, providing that it is a defense that the property was appropriated openly, and under a claim of title preferred in good faith, even though such claim is untenable. -PEOPLE V. LAPIQUE, Cal., 52 Pac. Rep. 40. 34. CRIMINAL LAW - Forgery-Postal Orders.-An indictment for forging "a United States postal money order for" a certain sum, of a certain number and date, procured at a certain place, and payable at a certain place, to a certain person, did not sufficiently show the substantial parts of the order, no copy being set out.PIERCE V. STATE, Tex., 44 8. W. Rep. 292. 35. CRIMINAL LAW-Jurisdiction-Municipal Courts. -An act granting a municipal corporation authority to make an offense against the State also an offense against the city, with power to prosecute therefor in the city court, as contrary to ordinance, violates Const. art. 5, § 12, requiring all prosecutions of offenses against the State to be in the name of the State, and to conclude against its peace and dignity; since prosecuting an offense against the State in a city court, under an ordinance making it an offense against the city, does not deprive the proceedings of the characteristics of a prosecution, or make the offense other than a State offense.-EX PARTE FAGG, Tex., 44 S. W. Rep. 294. 36. CRIMINAL LAW-Manslaughter-Resistance of Arrest.-Under Rev. St. 1889, § 3477, manslaughter in the fourth degree includes every unjustifiable homicide which was manslaughter at common law, and which is not declared to be manslaughter in some other degree: Held, that where a police officer shot deceased while resisting arrest, and used more force than was reason. ably necessary to accomplish the arrest, or if, immedi. ately after deceased ceased to resist, the officer, in the heat of passion, engendered by deceased's striking him, shot him intentionally, but without malice, he is guilty of manslaughter in the fourth degree.-STATE V. ROSE, Mo., 44 8. W. Rep. 329. 37. CRIMINAL LAW-Rape.-On a prosecution for rape of a child under the age of consent, evidence that prosecutrix had had intercourse with another person prior to the alleged intercourse with defendant was inadmissible as bearing against the corroboration which the birth of the child tended to give to the charge of intercourse with defendant.-STATE V. WHITESELL, Mo., 44 S. W. Rep. 332. 38. CRIMINAL PRACTICE-Seduction-Indictment.-An indictment for seduction will be quashed where it is found on the uncorroborated testimony of the prosecutrix, under Cr. Code 1886, § 4015, that no indictment or conviction for seduction shall be had under this section on the uncorroborated testimony of the woman on whom the seduction is charged.-HART V. STATE, Ala., 23 South. Rep. 43. 39. DECEIT-Fraudulent Representations.-The mak ing of false and fraudulent representations to induce, and inducing, a contract, may be interposed to an action on the contract, though the contract does not include or refer to the representations.-WATSON V. KIRBY, Ala., 23 South. Rep. 61. 40. DEEDS-Construction.-Where one conveys property in trust to his children, the grantor to have the income during life, "and in case all or any of the said grantees or their issue shall survive the said grantor, then the property shall vest absolutely in the said grantees and their issue per stirpes, in equal shares, each of said grantees being a stirps," each of the sur. viving children will take an equal share, and, if any of them die before the grantor, leaving issue, such issue will take the share the parent would have taken.ROTMANSKEY V. HEISS, Md., 39 Atl. Rep. 415. 41. DIVORCE - Residence of Wife.-A wife who seeks a divorce may acquire a residence within the State, although her husband resides outside of the State.DUNN V. DUNN, Kan., 52 Pac. Rep. 67. 42. DISCOVERY - Order for Production of Books.A plaintiff in an action at law is not entitled, under Rev. St. § 724, to an order for the production by the defendant before trial of private books of account for the plaintiff's inspection on an affidavit merely stating that afflant "believes" such books will tend to prove the issues in the mover's favor, without stating any grounds for such relief.-CASPARY V. CARTER, U. S. C. C., D. (Mass.), 84 Fed. Rep. 416. 43. EASEMENT-Highway- Prescriptive Easement.If a highway is located along and over a prescriptive way, the public easement in the prescriptive way be comes merged in the public easement in the highway. -IN RE RAILROAD CROSSING IN TOWN OF OLD ORCHARD, Me., 39 Atl. Rep. 478. 44. ELECTIONS-Qualification of Contestant.-In con testing the right to an office to which the contestant was a candidate, the issue being who received the most of the legal votes cast, the qualification of either con testant or contestee need not be alleged or proved.CHURCH V. WALKER, S. Dak., 74 N. W. Rep. 198. 45. EMINENT DOMAIN-Taking.-Defendant had a perpetual easement in one-half of an alley for the use of its surface, and the light and air above, and owned the title to the other half. Petitioner, in building its ele vated railroad, placed the pillars on a portion of the half of the alley in which defendant had the easement, and projected the superstructure over the entire por tion of such half and a portion of the other half: Held, that such construction constituted a taking of defend. ant's property to the extent of the projection.-METROPOLITAN W. S. EL. R. Co. v. SPRINGER, Ill., 49 N. E. Rep. 416. 46. EQUITY-Adverse Claim to Real Property.-Under 1 Hill's Ann. Laws, § 504, providing that one in possession of realty may sue another claiming an estate or interest therein adverse to him to determine such claim, an action lies in favor of one in possession against a purchaser of the land at execution sale who has served on plaintiff a notice to quit.-LOVELADY V. BURGESS, Oreg., 52 Pac. Rep. 25. 47. EQUITY-Decree-Res Judicata. - A decree dis missing a bill without prejudice does not render the matters therein decided res judicata.—O'KEEFE V. IRV. INGTON REAL ESTATE CO. OF BALTIMORE CITY, Md., 39 Atl. Rep. 428. 48. EQUITY-Multifariousness. Thirty two insurers filed a bill to enjoin separate suits against them, and alleged that some of their policies covered insured's property in one of three buildings, and some in an other, and some in all the buildings; that under each policy the insurer should not be held liable for a greater proportion of any loss than the amount insured therein should bear to the whole insurance; that in surers had jointly tendered the aggregate amount of an award that had been made under insured's agree ment with them to arbitrate according to the provis ions of each policy: Held, sufficient on demurrer for want of equity.-AMERICAN CENT. INS. Co. v. LANDAU, N. J., 39 Atl. Rep. 400. 49. EQUITY-Restraining Action at Law. -- Where a party has a cause of action under well-settled rules of law, equity will not intervene to restrain a prosecution of such action in a court of competent jurisdiction on the ground that a hardship will be done in the indi vidual case.-WIERENGO V. MASON, Mich., 74 N. W. Вер. 183. 50. EQUITABLE SET-OFF-When Allowed.-On the day the C bank went into the hands of a receiver it was |