ILLINOIS..

INDIANA..

.85 ..9, 23, 27, 41, 70, 149 .201 ..19, 42 .15, 60 52 .3, 46

...........14, 43, 56, 100, 163, 169, 179, 187, 195

INDIAN TERRITORY. ....71 lowA, 2, 6, 12, 20, 28, 37, 38, 39, 40, 44, 50, 61, 74, 75, 77, 79, 88, 92, 97, 105, 112, 116, 117, 126, 130, 131, 132, 139, 146, 147, 151, 166, 180, 184, 189, 191, 194, 197, 198

NEW JERSEY...

.81, 82, 107, 121, 122 NEW YORK, 1, 22, 25, 29, 47, 51, 57, 64, 69, 73, 94, 95, 96, 99, 103, 114, 115, 118, 120, 123, 124, 129. 134, 145, 150, 154, 158, 167, 175, 177, 193, 200

NORTH CAROLINA, 10, 16, 17, 21, 24, 62, 66, 68, 78, 80, 87, 125, 187, 141, 152, 159, 160, 170, 190, 196

NORTH DAKOTA.

OKLAHOMA..

.35, 106 .84

83 .....7 .....32

30

..63, 165, 188, 199 .49, 172, 185, 186

UNITED STATES C. C. OF APP.. UNITED STATES D. C..

.26, 54, 91, 101, 111, 192 ..138 .110 .148

UNITED STATES C. C..

UTAH..

VERMONT ............................ VIRGINIA....

.5, 8, 72, 168, 178 WISCONSIN, 13, 18, 53, 58, 59, 90, 102, 119, 127, 133, 140, 142, 174,

182

1. ACTION— Injuries to Personal Property. - Injury to the person and injury to personal property by the same wrongful act constitute two causes of action.-Eagan v. New York Transp. Co., 78 N. Y. Supp. 209.

2. ADVERSE POSSESSION-Express Trust. - Possession of land as cesqui que trust held not to support a claim of adverse possession as against the trustee. — McClenahan v. Stevenson, Iowa, 91 N. W. Rep. 925.

3. ADVERSE POSSESSION- Joint Possession. When a son, residing on land with his mother, who has a dower interest therein, executes a voluntary conveyance of the land to his wife, who lives on the land and has a joint possession with the mother, the continuance of such possession for seven years and the payment of taxes does not give title by adverse possession to the wife, under Rev. St., ch. 83, § 6.— Brumback v. Brumback, Ill., 67 N. E. Rep. 741.

5. ALTERATION OF INSTRUMENTS-Written Contract.-In an action on a written contract, the burden of proof held to be on plaintiff to show that certain alterations were made before the signing and delivery. — Consumers' Ice Co. v. Jennings, Va., 42 S. E. Rep. 879. 6. APPEAL AND ERROR Abstract. Where defendant printed the entire transcript in his abstract, in disregard of the rules requiring abridgment, the judgment will be affirmed.-Hurley v. Hurley, Iowa, 91 N. W. Rep. 895.

11. APPEAL and Error-Findings of Fact. Where a ruling of the trial court, on a request to open the case after judgment to permit the filing of findings does not appear in the record, it will not be considered on appeal. -Wickes v. Pulfrey, Mich., 91 N. W. Rep. 633.

12. APPEAL AND ERROR-Judgment.-Acceptance of the amount of a judgment, when the sum received is in dispute, involved a waiver of all errors involved in rendering it for that amount. - Ballinger v. Connecticut Mut. Life Ins. Co., Iowa, 91 N. W. Rep. 767.

13. APPEAL AND ERROR — Judgment on Pleadings.- A suggestion that the court erred in not permitting an amendment to the answer cannot be considered, where there was no application for the same. - Kuhn v. Sol. Heavenrich Co., Wis., 91 N. W. Rep. 994.

16. APPEAL AND ERROR-Opening Default.-Where the supreme court decides that the trial court erred in not rendering judgment for plaintiff by default, it is within the discretion of the trial court to allow defendant to answer, under Code, § 274. Cook v. American Exch. Bank, N. Car., 42 S. E. Rep. 550.

17. APPEAL AND ERROR-Premature Appeal. An appeal, in an action where a referee had been appointed, before final judgment on the referee's report, held premature.-Shankle v. Whitley, N. Car., 42 S. E. Rep. 574.

18. APPEAL AND ERROR-Record Remitted.-The judg ment of the trial court on appeal, after the record has been submitted to the trial court, is final, and cannot be changed by the supreme court. -Ledebuhr v. Krueger, Wis., 91 N. W. Rep. 1012.

19. APPEAL AND ERROR - Review. An appeal from two interlocutory decrees, one of which was entered more than six months before the appeal, will entitle the appealing party to bave only the decree entered within six months reviewed. Ray v. Frank, Fla., 32 So. Rep. 925.

20. APPEARANCE-Motion to Retax Costs.-Presence of plaintiff's attorney in court at the time of the making of a motion to retax costs in an action of which the court had lost jurisdiction held not to constitute an appear. ance, so as to confer jurisdiction of the plaintiff. — Iowa Savings & Loan Assn. v. Chase, Iowa, 91 N. W. Rep. 807.

21. ARSON-Threats. -Mere threats held insufficient to prove the crime of burning a barn, with live stock. — State v. Freeman, N. Car., 42 S. E. Rep. 575.

26. BANKRUPTCY-Preference.-Payments by the bankrupt, while insolvent within four months before the filing of the petition in bankruptcy against him, upon his indorsed notes, which the indorsers would have paid, if he had not, constitute a preference. - Swarts v. Fourth Nat. Bank, U. S. C. C. of App., Eighth Circuit, 117 Fed. Rep. 1.

27. BANKRUPTCY-Property Subject to Debts.- None of the property of a corporation for which a bankrupt works, but only his wages, not exempt, are subject to his debts, though his efforts greatly benefited it and all its stock is owned by his wife. - Campbell v. Thompson, Colo., 70 Pac. Rep. 161.

28. BANKRUPTCY— Suit Against Bankruptcy. - Under Bankr. Act, § 11a, the court should not render judgment against a defendant after the filing of an answer stating that a petition in bankruptcy had been filed against him. First Nat. Bank v. Flynn, Iowa, 91 N. W. Rep. 784.

29. BANKS AND BANKING — Collections. A bank does not cease to be the collecting agent of another bank because the drafts forwarded for collection are drawn upon it.-National Revere Bank v. National Bank of Republic, N. Y., 64 N. E. Rep. 799.

30. BANKS AND BANKING - Insolvency. In a prosecution of a bank cashier for receiving a deposit after insolvency, evidence as to bank asset being accommodation paper held admissible. — State v. Stevens, S. Dak., 92 N. W. Rep. 420.

31. BANKS AND BANKING Speculative Dealings. Broker may be charged with the amount of the funds actually received and converted by him, and is entitled to credit for all money repaid by him which can be traced into the hands of the owner. — Mendel v. Boyd, Neb., 91 N. W. Rep. 860.

32. BILLS AND NOTES

Blank Indorsement.-Where a a note is indorsed in blank, possession creates a presumption of ownership,- Watford v. Windhamn, S. Car., 42 S. E. Rep. 597.

33. BILLS AND NOTES-Burden of Proof. In an action by indorsee of a note, the burden of proof is on plaintiff to show that the indorsement is that of the payee.Payne v. Liebee, Neb., 91 N. W. Rep. 851.

34. BOUNDARIES-Natural Monuments.-Where a course cannot be run so as touch all the natural objects called for in a deed, that course should be taken which will satisfy the most of the calls for natural objects. Kentucky Land & Immigration Co. v. Crabtree, Ky., 70 S. W. Rep. 31.

36. BUILDING AND LOAN ASSOCIATIONS—Usurions Loan. -On settlement of a usurious loan of building association, borrower held entitled to credit for payments, whether premiums or interest, as on an ordinary 6 per cent. loan -Kleimeir v. Covington Perpetual Building & Loan Assn., Ky., 70 S. W. Rep. 41.

37. BURGLARY- Possession of Recently Stolen Goods.In a prosecution for breaking and entering with intent to commit larceny, the possession of recently stolen goods held not prima facie evidence of guilt. State v. Brundidge, Iowa, 91 N. W. Rep. 920.

38. BURGLARY- Presumption of Guilt. - Possession of goods recently stolen does not create a presumption, or amount to prima facie proof, that the possessor is guilty

43. CONSTITUTIONAL LAW Bill of Exceptions. - Acts 1901, p. 511, providing in a certain class of cases for an extension of time for the filing of bills of exception, held in violation of Const. art. 3, § 1, providing for the exclusive character of the three departments of government.— Johnson v. Gehbauer, Ind., 64 N. E. Rep. 855.

44. CONSTITUTIONAL LAW-Compulsory Physical Examination.-A compulsory physical examination of a person accused of rape, for the purpose of ascertaining if he is afflicted with a venereal disease alleged to have been communicated to prosecutrix, is in violation of Const. art 1, § 9.-State v. Height, Iowa, 91 N. W. Rep. 935. 45. CONSTITUTIONAL LAW Due Process of Law.-Code Cr. Proc. § 322, relating to the taxation of costs against prosecuting witness, held unconstitutional, as contravening Const. art. 1, § 3, declaring that no person shall be deprived of property without due process of law. — Rickley v. State, Neb., 91 N. W. Rep. 867.

46. CONTEMPT - Death of Defendant. — Contempt proceedings against a defendant in a previous injunction suit for violation of the injunction do not abate on the death of such defendant.-Hannah v. People, Ill., 64 N. E Rep. 776.

47. CONTEMPT What Constitutes. Failure to obey mandate of court for two hours, pending preparations for an appeal, held not a contempt of the order of the court.-People v. Sturgis, 78 N. Y. Supp. 77.

48. CONTINUANCE - Discretion of Trial Court. Action of trial judge in going to the home of a witness physically unable to attend court, and permitting her testimony to be taken in his presence, held not an abuse of discretion. -Humphrey v. Humphrey, Neb., 91 N. W. Rep. 856.

49. CONTRACTS-Agreement in Restraint of Trade. - An agreement not to engage in the catching of certain kinds of fish along the Atlantic seaboard, or the manufacture of products therefrom, for the term of 20 years, as a part of a contract for the sale of property, is not void as against public policy, or as oppressive and unreasonable.-Fisheries Co. v. Lennen, U. S. C. C., D. Conn., 116 Fed. Rep. 217.

50. CONTRACTS Naming a Child. The privilege of naming a child is a valid and legal consideration for a promise to convey land to the child. - Daily v. Minnick, Iowa, 91 N. W. Rep. 913.

51. CONTRACTS-Right of Action.-An action will not lie on a promise to pay a claim when able, without proof of ability to pay.—In re Knab, 78 N. Y. Supp. 292.

statutory liability, being the only one served, held to have the right to compel plaintiff, as a condition to the complaint not being dismissed, to bring in the others.Geoghegan v. Luchow, 78 N. Y. Supp. 278.

54. CORPORATIONS - Ignoring Existence.-A sole creditor and stockholder of a corporation cannot ignore its existence, and convey, incumber, or deal with its property, without the action of the corporation. — Watson v. Bonfils, U. S. C. C. of App., Eighth Circuit, 116 Fed. Rep.

157.

55. CORPORATIONS Preferred Creditors. A creditor stockholder of an insolvent foreign corporation held not entitled to a preference under the laws of the state of the corporation's residence; such law not being statutory.— Lamb v. Russel, Miss., 32 So. Rep. 916.

56. CORPORATIONS-Preferring Creditors -An insolvent private manufacturing corporation may prefer its directors, though their votes are necessary therefor. - Nappanee Canning Co. v. Reid, Murdock & Co., Ind., 64 N. E. Rep. 870.

57. CORPORATIONS — Stock Subscriptions. - - A person subscribing, with others, for shares in a corporation to be formed, held liable on the subscription after the corpora tion was formed. - Woods Motor Vehicle Co. v. Brady, 78 N. Y. Supp. 203.

58. COSTS - Appellant's Brief.-In taxing costs against an appellee, the expense of printing a portion of appellant's brief, containing an unnecessary reprint of the complaint, answer, and findings, will not be allowed.-Liver v. Thielke, Wis., 91 N. W. Rep. 975. 59. COURTS Diverse Opinions. Where one of the judges of the supreme court is disqualified, and the others were equally divided, the judgment will be affirmed with out a statement of the reasons for the diverse opinions.Church of the Good Shepherd v. Racine Water Co., Wis. 92 N. W. Rep. 436.

60. CRIMINAL EVIDENCE - Burglary. Where the evidence on a trial for burglary was entirely circumstantial, and insufficient to exclude every reasonable hypothesis except the guilt of the accused, it did not authorize a conviction.-Andrews v. State Ga., 42 S. E. Rep. 476.

61. CRIMINAL EVIDENCE - Conspiracy.-So long as conspirators are acting in pursuance of the unlawful combination, though subsequently to the making of the combination, the acts and representations of each may be shown as against the others. - State v. Soper, Iowa, 91 N. W. Rep. 774.

62. CRIMINAL EVIDENCE-Demurrer to State's Evidence. -Where an accused, after demurring to the state's evidence, introduces testimony of his own which supplies a defect therein, he thereby waives his right to assign the overruling of the demurrer as error. State v. Hagan, N. Car., 42 S. E. Rep. 901.

64. CRIMINAL LAW - Former Jeopardy.-Plea of former jeopardy, based on discharge of jury because of sickness of juror, held insufficient. - People v. Smith, N. Y., 64 N. E. Rep. 814.

65. CRIMINAL LAW-Name of Defendant.-The fact that the name by which defendant was known was the one under which the prosecution was begun and the preliminary examination conducted, rather than his real name subsequently substituted, will not render the preliminary examination invalid. - State v. Pipes, Kan., 70 Pac. Rep.

70. CRIMINAL TRIAL-Prejudicial Remarks. That the district attorney raised his voice to such a pitch that objection could not be made to argument prejudicial to accused held not to obviate the necessity of the objection to entitle accused to a reversal of the conviction on that ground.-Gilstrap v. People, Colo., 70 Pac. Rep. 325.

71. CRIMINAL TRIAL-Time Allowed for Argument.— Limiting time for argument in criminal case to 20 minutes held not error; the facts being simple and the time allowed not having been consumed.-Wright v. United States, Ind. Ter., 69 S. W. Rep. 819.

72. CUSTOMS AND USAGES-Character of Contract.-A custom of trade cannot change the intrinsic character of the contract of parties who are ignorant of such custom. -Consumers' Ice Co. v. Jennings, Va., 42 S. E. Rep. 879. 73. CUSTOMS AND USAGES-Evidence.-Where both parties admit an express agreement as to terms of sailing a vessel, evidence of terms according to general custom is inadmissible.-McIntosh v. Pendleton, 78 N. Y. Supp. 152. 74. DAMAGES-Excessive Verdict.-Where plaintiff suffered a fracture of the neck of the femur by the premature starting of a street car as she was attempting to alight, a verdict of $3,000 was not excessive.-Beriuger v. Dubuque St. Ry. Co., Iowa, 91 N. W. Rep. 931.

75. DEATH-Excessive Damages.-A verdict for $6,000 for death of boy about 4 years old held excessive.-Hively v. Webster County, Iowa, 91 N. W. Rep. 1041.

76. DEATH-Notice of Injury.-Laws 1897, ch. 248, requiring notice to be given to a municipality of injury caused by defects in its streets, does not apply to an action by the personal representatives of a person, whose death was caused by such defects.-Orth v. Village of Belgrade, Minn., 91 N. W. Rep. 843.

77. DEEDS-Brother to Sister.-Relationship of brother and sister held not to raise a presumption of fraud as to deed of brother giving land to sister.-Reeves v. Howard, Iowa, 91 N. W. Rep. 896.

78. DEEDS-Meritorious Consideration.—A grantee, who was the illegitmate son of the grantor, was entitled to show a meritorious consideration for a grant to him by evidence that the grantor stood in loco parentis to him.Pickett v. Garrard, N. Car., 42 S. E. Rep. 579.

79. DIVORCE-Laches.-A divorced wife, having delayed action to set aside the decree for seven years after knowledge thereof, and until after defendant had remarried, held barred from relief by laches.-Hurley v. Hurley, Iowa, 91 N. W. Rep. 895.

80. DIVORCE-New Trial on Certain Issues.-New trial may be granted in a divorce case on the issues of adultery by plaintiff, without granting it on the issues of desertion by defendant.-Hall v. Hall, N. Car., 42 S. E. Rep. 562.

81. DOMICILE-Letters of Administration.-An infant's residence will follow that of the father while he is living, and after his death it will in general follow that of the mother.-In re Russell's Estate, N. J., 53 Atl. Rep. 169.

82. DOWER-Conveyance by Trustee.-Wife's right to dower in husband's equitable estate of inheritance in land conveyed to trustee held extinguished by a conveyance by the trustee in the husband's lifetime.-Goodheart v. Goodheart, N. J., 53 Atl. Rep. 135.

83. EASEMENTS - Obstruction.-A complaint for obstruc

tion of an easement need only state plaintiff's ownership thereof, describing it, without stating how it was acquired.-Carter v. Wakeman, Oreg., 70 Pac. Rep. 393.

84. EJECTMENT-Title to Maintain.--A person holding the duplicate final receipt of the receiver of the United States land office for land taken under the homestead laws can maintain ejectment for the land therein described.-McClung v. Penny, Okla., 70 Pac. Rep. 404.

85. ELECTIONS-Names of Candidates.-Pol. Code, § 1197, prohibiting the name of a candidate to be placed more than once on the official ballot, held unconstitutional. Murphy v. Curry, Cal., 70 Pac. Rep. 461,

86. ESTOPPEL-After-Acquired Title.-Where an afteracquired equitable title of a warrantor of realty was defeated, it could not be held to inure to the benefit of the first grantee.-Kentucky Land & Immigration Co. v. Crabtree, Ky., 70 S. W. Rep. 31.

87. ESTOPPEL-Trespass in Execution.-Wife, joining husband in mortgage, held not entitled to maintain trespass for execution of writ of possession, on judgment in ejectment against the husband in favor of the purchaser at mortgage sale.-Burns v. Womble, N. Car., 42 S. E. Rep. 573.

88. EVIDENCE-Damages.-In an action for damages to clothing and furniture having no market value, any person familiar with its nature and use is competent to testify as to its value.--Houghtaling v. Chicago G. W. Ry. Co., Iowa, 91 N. W. Rep. 811.

89. EVIDENCE-Objection.-A fact may be established by secondary or incompetent evidence, if material, when it is received without objection. -Goodall v. Norton, Minn., 92 N. W. Rep. 445.

90. EVIDENCE-Tax Rolls.-Tax rolls held inadmissible as primary evidence of the taxable property of a school district, in an action on school bonds issued in excess of the district's debt limit.-Montpelier Savings Bank & Trust Co. v. School Dist. No. 5 of Town of Ludington, Wis., 92 N. W. Rep. 439.

91. EXCEPTIONS, BILL OF-Allowance After Term.-A judge is not absolutely without power to allow a bill of exceptions after the term, or the expiration of the time as extended, and he may do so in a special case, where the party presenting the bill has been without fault and to refuse to sign the bill would work injustice.-Western Dredging & Improvement Co. v. Heldmaier, U. S. C. C. of App., Seventh Circuit, 116 Fed. Rep. 179.

Redemp

92. EXECUTION-Conditional Redemption. tioner from an execution sale held not entitled to a return of the redemption money on the ground that the purpose of the redemption had failed.-Byers v. McEniry, Iowa, 91 N. W. Rep. 797.

93. EXECUTORS AND ADMINISTRATORS—Claim Against Estate.-Ky. St., §§ 3870, 3872, requiring an affidavit and demand before action on a claim against decedent's estate, held not to apply to claims arising against the administrator during administration.-Crenshaw v. Duff's Exr., Ky., 69 S. W. Rep. 962.

94. EXECUTORS AND ADMINISTRATORS - Erection of Monument. Where an estate was not worth over $2,410, and the will provided for a "suitable" monument, the erection by the executor of a monument costing $1,050 was unwarranted.—In re Smith, 78 N. Y. Supp. 130.

95. EXECUTORS AND ADMINISTRATORS-Interest in Estate.-Trustee in bankruptcy for the creditors of an insolvent father cannot make the administrators of his intestate child account to him for the share which the father inherited. In re Kane's Estate, 77 N. Y. Supp. 874.

96. EXECUTORS AND ADMINISTRATORS -Sale to Pay Debts. Where will gives executor valid power to sell for papment of debts, proceeding under the statute to sell cannot be maintained.—In re Rowley, 78 N. Y. Supp. 215.

97. EXECUTORS AND ADMINISTRATORS-Wills.-A will devising land, and directing the executor to sell the same, invest the proceeds, and divide the accumulated amount at a fixed time, held not to confer on the executor the power to sell the land after his discharge.-Boland v. Tiernay, Iowa, 91 N. W. Rep. 836.

98. EXEMPTIONS-Property Purchased or Exchanged.Exemption given by Code Civ. Proc. § 531b, extends to property taken in exchange for the property thus released, as well as to the increase of such property.—Dargan v. Williams, Neb., 91 N. W. Rep. 862.

99. EXTRADITION-Presence in Demanding State.-One accused of crime in another state will not be surrendered in extradition proceedings, where he was not in the demanding state at the time the crime was alleged to have been committed, on the theory that it might be shown that he actually committed the crime at a later date than that alleged in the indictment.-People v. Hyatt, N. Y., 64 N. E. Rep. 825.

100. FALSE IMPRISONMENT-Arrest.-In action for false imprisonment, the mere fact that the officer released the person arrested will not relieve him of an action at the instance of the injured party, if the arrest was unlawful or the detention illegal.--Harness v. Steele, Ind., 64 N. E. Rep. 875.

101. FEDERAL COURTS-Effect of Citizenship in Territories. A federal court has no jurisdiction of a suit involving a controversy between a citizen of a state and a citizen of a territory, though citizens of different states are partics to the suit.-Watson v. Bonfils, U. S. C. C. of App., Eighth Circuit, 116 Fed. Rep. 157.

102. FIRE INSURANCE-Title of Insured.-The giving of a mortgage on insured realty does not operate to change the "interest, title, or possession," within the meaning of a clause in the policy making it void if there is any such change.-Wolf v. Theresa Village Mut. Fire Ins. Co. Wis., 91 N. W. Rep. 1014.

103. FOOD-Oleomargarine.-Proprietor of restaurant, who uses oleomargarine made in imitation of butter, held liable to penalty, without proof that it was served as butter.-People v. Berwind, 77 N. Y. Supp. 859.

104. FRAUD-Concealment.-Where a party conceals a fact material to a transaction and peculiarly within his own knowledge, it is as much a fraud as if the existence of that fact was expressly denied, or the reverse expressly stated.-Thomas v. Murphy, Minn., 91 N. W. Rep. 1097.

105. FRAUD-Financial Statement.-A secretary of an insurance company held not liable for deceit, consisting of false representations in the insurance company's official statement, in the absence of proof of active, conscious, and intentional fraud and misrepresentation.— Warfield v. Clark, Iowa, 91 N. W. Rep. 833.

106. FRAUDS, STATUTE OF-Written Contract.-Under Rev. Codes, §§ 3887, 3960, a written contract for the sale of real property, which is signed by an agent, is not valid, unless the authority of such agent was in a writing subscribed by the principal.—Brandrup v. Britten, N. Dak., 92 N. W. Rep. 453.

107. FRAUDULENT CONVEYANCES - Creation of Trust.An assignment of a mortgage in trust, after its payment by a husband, intending to make a gift of the land covered by it to his wife, and after the execution of the deed to her, held not fraudulent as against the wife's subsequent creditors.-Carter v. Carter, N. J., 53 Atl. Rep.

160.

108. FRAUDULENT CONVEYANCES Evidence. Act of owner of land in procuring title to be taken up by another, and the land to be incumbered by him, held calculated to defraud creditors furnishing building material to owner of land.-Baltimore High Grade Brick Co. v. Amos, Md., 53 Atl., Rep. 148.

109. FRAUDULENT CONVEYANCES-Mortgage to a Relative. A chattel mortgage to a relative, by which creditors of the grantor are hindered in the collection of their claims, will be scrutinized closely, and will not be sustained unless good faith is clearly shown. -Knudson v. Parker, Neb., 91 N. W. Rep. 850.

110. FRAUDULENT CONVEYANCES-Nominal Consider. ation.-A conveyance by a husband to his wife of all his property for a nominal consideration is fraudulent as to creditors, though the wife does not participate in any fraudulent intent. Gustin v. Mathews, Utah, 70 Pac. Rep. 402.

111. FRAUDULENT CONVEYANCES-Sheriff's Deed.-The use of sheriff's deed and other[legal[instruments to effect a fraudulent conveyance of property by a debtor is no bar to its avoidance. Watson v. Bonfils, U. S. C. C. of App., Eighth Circuit, 116 Fed. Rep. 157.

112. GARNISHMENT — Assignment of Lease. Where a valid assignment of a lease had been made before garnishment of tenants thereunder by the assignor's creditor was not entitled to the rents garnished as against the assignee.-First Nat. Bank v. Stone, Iowa, 91 N. W. Rep. 1076.

113. GARNISHMENT - Attachment. After ancillary attachment and judgment thereon, trial of an interposed claim held premature, because the record showed no service of the writ of attachment.-Lamb v. Russel, Miss., 32 So. Rep. 916.

114. GUARDIAN AND WARD-Sale of Ward's Land.— Guardian, making unnecessary sale of infant's land for half its value, held chargeable with the loss. In re Nowak, 78 N. Y. Supp. 288.

116. HOMESTEAD Rights of Adult Children. Adult children, who are a part of the family in possession of a homestead, held entitled thereto so long as their mother was entitled to a homestead, though she was in an insane asylum.-Way v. Scott, Iowa, 91 N. W. Rep. 1034.

117. HOMESTEAD - Signature of Wife.-Where a wife failed to sign a contract for the sale of the homestead, her subsequent signature of contract and execution with her husband of a deed held a satisfaction.-Epperly v. Ferguson, Iowa, 61 N. W. Rep $16.

118. HOMICIDE Evidence. Error in admitting evidence as to silence of accused when in presence of deceased before her death held ground for reversal on trial for homicide.-People v. Smith, N. Y., 64 N. E. Rep. 814. 119. HUSBAND AND WIFE Separate Property. - A married woman without any separate property may acquire land by purchase for a stranger, and bind herself to assume the payment of a mortgage thereon.-Citizens' Loan & Trust Co. v. Witte, Wis., 92 N. W. Rep. 443.

120. INJUNCTION - Infants. — Judgment against infant defendant, without guardian ad litem, held voidable only. Rook v. Dickinson, 78 N. Y. Supp. 287.

121. INJUNCTION-Restraining Suitțin Other State.-Injunction held to lie at suit of resident debtor to restrain resident creditor from attaching a sum due debtor in an. other state. - Margarum v. Moon, N. J., 53 Atl. Rep. 179. 122. INSANE PERSONS - Quashing Inquisition.-Where, in a petition to set aside an inquisition of lunacy, it appeared that the evidence before the jury was conflicting, but there was no such preponderance against the return as would justify its being set aside, a traverse should be allowed, if the alleged lunatic intelligently desires it.—In re Comfort, N. J., 53 Atl. Rep. 133.

1

of the Mont

127. JUDGMENT-Res Judicata.—A judgment on bonds, part of a series, held not res judicata validity of other bonds of the same series. pelier Savings Bank & Trust Co. v. School Dist. No. 5 of Town of Ludington, Wis, 92 N. W. Rep. 439.

128. JURY-Constitutional Law.-Where, in a suit under Pub. Laws 1891, ch. 98, to restrain a liquor nuisance, respondents submitted to a hearing by a single justice, they wore not denied a jury trial under the constitution or law. Davis v. Auld, Me., 53 Atl. Rep. 118.

129. LANDLORD AND TENANT — Diversion of Water.Action for damages for continuing diversion of water, where tort began before lease of the land, can be maintained only by the landlord.-Sposato v. City of New York, 78 N. Y. Supp. 168.

130 LANDLORD AND TENANT-Fire Insurance.-Agreement releasing a lessor railroad company from liability for negligently causing fire held to run with the land, so so as to bind a successor of lessee partnership.-Kennedy v. Iowa State Ins. Co., Iowa, 91 N. W. Rep. 831.

131. LANDLORD AND TENANT-Goods on Leased Premises. Where a tenant commenced removing goods from the leased building to the prejudice of the landlord's lien for rent to become due, the landlord was entitled to an injunction.-Wallin v. Murphy, Iowa, 91 N. W. Rep. 930.

132. LIBEL AND SLANDER-Actionable Per Se.-The rule that words imputing unchastity to a female are actionable per se extends to words spoken of a married, as well as an unmarried, woman. - Cushing v. Hederman, Iowa, 91 N. W. Rep. 940.

133. LIBEL AND SLANDER "Quack." The term "quack" held used with reference to plaintiff in his professional character, so as to make the article libelous per se.-Elmergreen v. Horn, Wis., 91 N. W. Rep. 973.

134. LIFE INSURANCE — Assignment of Policy.- Where assignment of a life policy is filed with the company, it amounts to a delivery to the assignee.-McDonough v. Ætna Life Ins. Co., 78 N. Y. Supp. 217.

135. MALICIOUS PROSECUTION - Probable Cause. —One who suspects another of having committed an offense before beginning a prosecution therefor should verify his suspicions by inquiry.-Bechel v. Pacific Exp. Co. Neb., 91 N. W. Rep. 853.

136. MALICIOUS PROSECUTION — Ruling on Evidence.In an action for malicious prosecution, evidence that the prosecuting attorney was consulted by defendant was properly excluded, where there was no evidence connecting such consultation with such prosecution.-Olson v. Berg, Minn., 91 N. W. Rep. 1103.

137. MASTER AND SERVANT- - Injury to Employee. - A railroad company, failing to equip cars with automatic couplers, held liable for injury to employee, though he was negligent.-Fleming v. Southern Ry. Co., N. Car., 42 S. E. Rep. 905.

188. MASTER AND SERVANT - Negligence of Ship's Servants. A ship is liable to an employee of stevedores working thereon for an injury caused by the negligence of a winchman, who was a servant of the ship, in starting the winch without orders.-The Slingsby, U. S. D. C:, E. D. N. Y., 116 Fed. Rep. 227.

139. MASTER AND SERVANT Rate of Speed of Train. Brakeman cannot recover, because train was running at excessive speed, unless such speed was not only negligence, but operating cause of injury to him.- Martin v. Chicago, R I. & P. R. Co., Iowa, 91 N. W. Rep. 1034.

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140. MORTGAGES Agreement with Purchaser.- In a suit to redeem from mortgage foreclosure, pursuant to an agreement with the mortgagee, who purchased at the sale, parol evidence is permissible to show the agree ment.-Brown v. Johnson, Wis., 91 N. W. Rep. 1016.

141. MORTGAGES Foreclosure. - Sureties may have foreclosure of mortgage given by them restrained, till determination whether there was an extention of time, discharging them and the security. Smith v. Parker, N. Car., 42 S. E. Rep. 910.

142. MORTGAGES Title of Insured.

The giving of a

warranty deed, with an agreement by the grantee to re