because through some aphasia they never talk on any but legal subjects, and that, irrespective of what any particular occasion may demand. They succeed pretty fairly well, as a rule, because they impress every one with the fact that they are lawyers and up even with the times, and that mere fact helps them. Take a young man with no striking ability and let him constantly attend all manner of bar association and legal club meetings. Sooner or later there will get to be a suspicion among those who see him in such places that he must be a lawyer, and if they see him there long enough, they get an idea that he must be a pretty good lawyer, in the same way that we figure that any old settler must have something distinctive about him. There are many assumptions of which the lawyer may be guilty. His success will depend largely on whether, when he assumes a role, he can play the part. It should always be remembered, however, that it takes a good man to choose a really good role."

Office Furniture and Methods. - There are lawyers who do not go out of their offices to advertise, and who smile at those who do. It is a trade maxim in a department store that the most important thing in selling goods is to get customers into the store, and it is figured that every customer who comes into the store will spend just about so much money, and likewise, these men argue that when a man comes into your office, it is only a question of time when he pays some of his money for your advice or efforts, and they claim that the money that is spent for this office advertising meets the best returns. In the papers and pleadings and letters that they send out, they affect scrupulous care, and their recipient concludes that the writer is careful and painstaking, and methodical. The office and the work table are orderly, and this fact argues an orderly mind. The office stationery is rich but not gaudy, which is a sign of prosperity long continued, and generally one feels that the appearance of industry accompanies the fact.

The True Test of Advertising. -It seems to me the whole test of whether advertising is effective is whether the work of the advertiser is clumsy or artistic, is coarse or smooth. The man who does course work may win for a week or a year, but he will never know the heights of professional success while the smooth man, who regards these questions delicate y and works quietly and without friction, who dispenses with the steam calliope as an unnecessary adjunct, finds that each year his profession is more of a joy, and his acts in the profession better appreciated.

There is something of a contrast between the people who are going to make things happen and who bring to the profession the tricks of the market place, and those who prefer to do business in a dignified way, a way that the great leaders of the bar have known, and which the so-called business lawyer can never understand and can never appreciate. And this significant fact remains, and I think it is the only fact of which we may be perfectly sure, that the man who does coarse work, and who is guilty of noisy advertising, whether in the country newspapers, or in the cafe of the Waldorf-Astoria, will not win enduring

success.

From time to time some trial reported in the newspaper attracts the attention of everyone, and the young practitioner is asked by the barber who serves him whether a certain man is not the best lawyer in town. The barbers and men in their station of life make up their minds easily and usually on insufficient information. They reflect the average opinion of that

part of the public to which litigation and ownership are unknown delights, a public never profitable. The clients who really help are the men who are strong and steady. These men will not be deceived by advertising. They will be attracted to polite gentleme= of graceful address, engaging personality, and habits of hard work, and little by little they will show their appreciation in practical ways. If the man whom they know is workmanlike, they will hear of that fact sooner or later; if he wins a difficult case, the news will get to them, even if the young man is guilty of spreading it; if he draws contracts and wills cleverly and smoothly and accurately, knowledge of that fact will also get about, until in time the lawyer will find that his clients are so many enthusiasts. They are SO sure of his ability and his superiority that they are forever sounding his praises; so proud of his services, and the results those services have obtained, that each makes an especial effort to send new clients to the office, until the lawyer is beyond the need of any advertising with which he is concerned. He finds himself sitting quietly and modestly while his name is men tioned at bank boards and around the firesides as on who, by inheritance and training, is honest, thought ful and quiet, and by industry has become strong; ana the monument of such a man will not be a few envelopes of press clippings, or packages of ballots never voted, or programmes of Chautauqua assemblies, but it will be found in the reported decisions of cases in which he was victorious; in accurately drawing conveyances which have stood the test of years; and in the esteem in which he is held by families of quiet, God-fearing people, who have learned from him to place the help and friendship of the lawyer only slightly below that of the priest.

BOOK REVIEWS.

ENCYCLOPEDIA OF EVIDENCE, VOL. I.

If the complaint of the lawyer is a just one that the law is becoming such an unwieldy mass as to embarrass rather than to aid him in the solution of questions appearing before him, he certainly cannot complain that there are not a sufficient number of digests, encyclopedias and the conveniences to enable him to find what he wants. The encyclopedia seems to be the most popular of all general text-books, having superseded the general digest and ordinary text-book. For local purposes, of course, the state digest is supreme. Realizing the popularity of the encyclopedic form of legal literature publishers have been trampling over one another in the endeavor to obtain the pre-eminent and authoritive position in this regard. The latest effort is an Encyclopedia of Evidence now in preparation under the joint editorship of Edgar W. Camp and John F. Crowe, of Los Angeles, California. The preface of the first volume of this new series, which has just come from the press, states the purpose of it as follows: "This work is intended to present the rules of evidence, with the decided cases, in such form that they shall be ready for instant use when wanted. The aim is to present all the law of evidence, so that the practitioner may here find help on the most difficult and obscure questions, and find it readily. Instead of giving bong lists of cases upon general propositions, we have differentiated the authorities; thus enabling the lawyers to turn to the precise question, or the very subdivision of the general subject which he had in hand." Over 15,000 cases are cited in volume I alone which is sufficient

given in payment.-Webb v. Moseley, Tex., 70 S. W. Rep. 349.

18. BRIDGES Pleading. A declaration alleging a liability of the county for an injury to live stock by a defective bridge, which did not allege that the bridge was a public bridge, erected after Act Dec. 29, 1888, does not state a cause of action.-Seymore v. Elbert County, Ga., 42 S. E. Rep. 727.

19. BROKERS-Contracts of Another State.-A contract of employment to sell real estate held governed by the statute of frauds of the state where it was made.-Goldstein v. Scott, 78 N. Y. Supp. 736.

21. CARRIERS Failure to Stop. Where plaintiff suffered from exposure in returning to her destination after having been carried by, by a carrier, instruction that she could not recover for sickness caused thereby held properly refused.-St. Louis S. W. Ry. Co. of Texas v. Ricketts, Tex., 70 S. W. Rep. 315.

22. CARRIERS - Fellow Servants. - An engine wiper, riding on an engine, held not a passenger.-Streets v. Grand Trunk Ry. Co., 78 N. Y. Supp. 729.

23. CARRIERS-Passes.-A signed condition on a railroad pass that the person using the same accepts “all risk of accident and damage to person and property" is void as against public policy.-Missouri, K. & T. Ry. Co. v. Flood, Tex., 70 S. W. Rep. 331.

Investigation.

25. COLLEGES AND UNIVERSITIES Where a student, during a faculty investigation of a charge against him, deliberately bore false witness against a fellow student, for which he was expelled, he had all the investigation to which he was entitled.-Goldstein v. New York University, 78 N. Y. Supp. 739.

26. CONTRACTS-Authority to Make.-Contractor held liable on contract with materialman, though stipulations of his contract with owners as to consent of architect were not complied with.-Herry v. Benoit, Tex., 70 S. W. Rep. 359.

27. CONTRACTS-Substitution of Materials.-Where the contractor in a building contract uses different materials from those specified in the contract, the owner is entitled to damages, though the materials used be equally as good as those the contractor agreed to furnish.-Cannon v. Hunt, Ga., 42 S. E. Rep. 734.

30. CORPORATIONS Service of Suminons.-Under Rev. St. §§ 995, 996, a judgment against a telegraph company held coram non judice on account of a defective return of service. Rixke v. Western Union Tel. Co., Mo., 70 S. W. Rep. 265. 31. COSTS-On Appeal.-Where an objection to a judgment that the recovery is in excess of that warranted by the findings is first raised on appeal, the costs of the appeal will be adjudged against the appellant.-Herry v. Benoit, Tex., 70 S. W. Rep. 359.

32. COUNTIES - Poll Tax. — A county through its fiscal court may levy a poll tax for county purposes on citizens both inside and outside of cities or towns located therein.-Short v. Bartlett, Ky., 70 S. W. Rep. 283.

33. COURTS-Appellate Jurisdiction.-Under Const. art. 8, §§ 3, 15, the legislature has no power to limit absolutely

the appellate jurisdiction to the supreme court, even to the extent of cutting off all right of appeal, but may merely enact reasonable regulations as to procedure.— Finlen v. Heinze, Mont., 70 Pac. Rep. 517.

34. CRIMINAL EVIDENCE-Res Gestæ.-In a prosecution for murder, evidence that decedent, when he was shot, exclaimed, "Lord God! I am killed!" was properly received. Howard v. Commonwealth, Ky., 70 S. W. Rep.

295.

35. CRIMINAL LAW - Former Jeopardy. - An acquittal under an indictment charging accused with using vulgar language in the presence of a female is not a bar to a prosecution for using abusive language, though both in. dictments related to the same act.-McIntosh v. State, Ga., 42 S. E. Rep. 793.

36. CRIMINAL LAW Homicide. Where two or more persons act together with common intent to take the life of the person killed, each is responsible for any act of the other in the common purpose.-Somers v. State, Ga., 42 S. E. Rep. 779.

37. CRIMINAL LAW-Motion of Arrest of Judgment.— That an information states J. K., county attorney, presented the information, while it was signed by G. K., was no ground for a motion in arrest of judgment.-Williams v. State, 70 S. W. Rep. 213.

38. CRIMINAL LAW-Recognizance.-A recognizance on conviction of a misdemeanor does not confer jurisdiction, if it fails to state the punishment, under Code Cr. Proc. art. 887.-Hogue v. State, Tex., 70 S. W. Rep. 217. 39. CRIMINAL TRIAL - Compelling Defendant to Give Evidence.-Action of the prosecuting attorney in calling on defendant to put out his foot so that the jury might see it, while a witness was testifying as to footprints, held not erroneous, where no objection was taken.-Scott v. Commonwealth, Ky., 70 S. W. Rep. 281.

40. CRIMINAL TRIAL-Failure to Call Witness.-Where defendant's wife was summoned by the state, though it could not use her as a witness, the county attorney was entitled to comment on defendant's failure to call her.Richardson v. State, Tex., 70 S. W. Rep. 320.

41. CRIMINAL TRIAL-Insanity.-Where insanity is relied upon as a defense, the knowledge of right and wrong is the test.-Lee v. State, Ga., 42 S. E. Rep. 759.

42. CRIMINAL TRIAL-Juror.-That a juror's name is not on the jury list or in the jury box is not cause for a new trial. Being an objection propter defectum, it should be urged before verdict.-Somers v. State, Ga., 42 S. E. Rep. 779

43. CRIMINAL TRIAL-Right to Heard Before Jury.-Under the positive provision of Comp. Laws, § 2899, it was error to deny a sole defendant in a criminal case therigh to be heard before the jury by two counsel.-Territory Sherron, N. Mex., 70 Pac. Rep. 562.

44. DAMAGES-Excessive Verdict.-A verdict of $20,000 for the loss of one eye and the subsequent weakening of the other, secured by a railroad engineer 41 years of age, whose average earnings were $160 per month, is excessive. -Missouri, K. & T. Ry. Co. v. Flood, Tex., 70 S. W. Rep.

331.

45. DAMAGES-Loss of Profits.-In an action for tort, damages for loss of profits may be recovered, if susceptible of definite ascertainment.-Paul E. Wolff Shirt Co. v. Frankenthal, Mo., 70 S. W. Rep. 378.

46. DAMAGES-Mental Distress.-Mental distress is not an element of actual damage for seizure and sale of property exempt from execution.-Morris v. Williford, Tex., 70 S. W. Rep. 228.

47. DEATH-Damages.-The statute relating to wrongful death does not limit the damages which may be awarded to children of the deceased to such as accrue during their minority.-Galveston, H. & S. A. Ry. Co. v. Fuente, Tex., 70 S. W. Rep. 362.

48. DEEDS Answer in Ejectment. -An agreement whereby a husband was to employ the father of his deceased wife to manage his ranch during the father's life held to entitle the latter to the undisturbed use and pos

session of the premises as long as he fully complied with its terms.-Weeks v. Link, Cal., 70 Pac. Rep. 548.

49. ELECTIONS-Decision by State Convention.-Where a clear majority of a state convention of a political party voted in favor of seating the delegates of one faction, without the votes of the contesting delegates, the fact that such contesting delegates voted on the question was immaterial.-State v. Weston, Mont., 70 Pac. Rep. 519.

50. ELECTION OF REMEDIES-Waiver.-If, in attempting to make an election, one puts forth an act or commences en actiion in ignorance of facts which proffer an alternate remedy, his act or action is not binding.-Pekin Plow Co. v. Wilson, Neb., 92 N. W. Rep. 176.

51. EMBEZZLEMENT-Evidence.-On a trial for converting to his own use proceeds of property intrusted to him to sell, evidence that at the time of the conversion accused was in debt is admissible to show motive.-Govatos v. State, Ga., 42 S. E. Rep. 708.

52. EMBEZZLEMENT-Exchange of Property.-A person who received a horse and money to trade for another horse, but traded horse for horse and kept the money, held guilty of embezzlement.-O'Morrow v. State, Tex., 70 S. W. Rep. 209.

53. EMINENT DOMAIN-Damages. -Nothing short of actual payment to the owner of damages assessed constitutes compensation in eminent domain proceedings.Brown v. Chicago, R. I. & P. R. Co., Neb., 92 N. W. Rep

55. ESTOPPEL-After-Acquired Property.-That an heir cannot convey his expectancy held not to preclude a subsequent title acquired by the heir from inuring to the holder of the heir's interest under a previous deed.Johnson v. Johnson, Mo., 70 S. W. Rep. 241.

56. ESTOPPEL-Statute of Frauds.-A person who has contracted to sell realty to a corporation held estopped to avail himself of the statute of frauds, where improvements far exceeding the value of the land were made with his knowledge and participation.-Coleridge Creamery Co. v. Jenkins, Neb., 92 N. W. Rep. 123.

57. EVIDENCE-Account Books.-Account books are inadmissible in evidence as proof of an alleged debt, unless the provisions of Gen. St. 1894, § 5738, are substantially complied with.-Wimmer v. Key, Minn., 92 N. W. Rep. 228.

58. EVIDENCE-Copies of Letters.-Letter-press copies of letters sent by plaintiffs to defendants held inadmissible as secondary evidence.-Heller v. Heine, 78 N. Y. Supp. 887.

59. EVIDENCE-Declarations.-When declarations of a person in possession of real estate or some interest therein are sought to be introduced against another party, it is material to show when they were made.-Whelchel v. Gainesville & D. Electric Ry. Co., Ga., 42 S. E. Rep. 776. 60. EVIDENCE-Drunkenness.-A witness testifying to he drunken condition of a person need not qualify.Marshall v. Riley, 78 N. Y. Supp. 827.

61. EVIDENCE-Failure to Call Witnesses.-Failure of defendant to call certain witnesses to an accident held to raise no presumption that their evidence would have been adverse to defendant.-Yula v. New York & Q. C. R. Co., 78 N. Y. Supp. 770.

--

62. EVIDENCE Impeachment of Witness. Declarations of a party to the action against his own interest may be shown, without calling his attention to the time and place of such declarations.-Dunsfon v. Barber, Neb., 92 N. W. Rep. 198.

63. EVIDENCE-Injury to Employee. A millwright held not shown to be an expert who can give his opinion as to what caused a pulley to break.-Duntley v. Inman, Poulsen & Co., Oreg., 70 Pac. Rep. 529.

64. EVIDENCE-Personal Injuries.-A witness in an acion for personal injuries can testify that plaintiff ap

t

peared, after the accident, to be in pain.-Isherwood v. H. L. Jenkins Lumber Co., Minn., 92 N. W. Rep. 230.

65. EVIDENCE-Removal of Trustee.-Where trustees were alleged to have made an improvident sale of trust land, evidence as to the value of similar lands held admissible.-Belding v. Archer, N. Car., 42 S. E. Rep. 800.

66. EVIDENCE-Technical Terms. -Parol evidence is admissible to explain the meaning of technical terms in a building contract.-Cannon v. Hunt, Ga., 42 S. E. Rep. 734.

67. EXECUTORS AND ADMINISTRATORS Trustee in Bankruptcy.-Under Comp. Laws 1897, § 9324, a trustee in bankruptcy of a daughter having an interest in the unadministered estate of her mother can be appointed administrator.-Osmun v. Galbraith, Mich., 92 N. W. Rep. 101.

68. EXEMPTIONS-Damages.-Where, in an action for levying execution on and selling exempt property, there are no special damages alleged, the measure of damages is the value of the property, with interest.-Morris v. Williford, Tex., 70 S. W. Rep. 228.

69. EXEMPTIONS-Debtor's Interest in Crop.-Where cotton has been produced by the joint use of exempt property and supplies furnished by the head of the family, not connected with such property, the whole crop is not subject to an individual debt of the head of the family.-Brand v. Clements, Ga., 42 S. E. Rep. 711.

70. FALSE IMPRISONMENT-Evidence of Good Faith.-In false imprisonment, evidence of good faith on the issue of those making the arrest is admissible on the issue of vindictive damages.-Pincham v. Dick, Tex., 70 S. W. Rep. 333.

71. FENCES-Assessment at Costs.-Sand. & H. Dig. § 1184, providing for the assessment of the costs of fencing according to the value of the land as shown by the county tax assessment, held not unconstitutional as authorizing an assessment irrespective of benefits.-Stiewel v. Fencing Board of Fencing Dist. No. 6, Johnson County, Ark., 70 S. W. Rep. 308.

72. FIRE INSURANCE-Negligence of Insured.-An insurance company cannot defend an action on a fire policy by showing that the negligence of the insured directly contributed to the loss sustained. -Scottish Union & Nat Ins. Co. v. Strain, Ky., 70 S. W. Rep. 274.

73. FRAUDS, STATUTE OF―Justice's Courts.-In replevin in justice's court, defendants, without specially pleading the statute of frauds, could rely thereon, where plaintiffs did not specially plead the contract.-Shelton v. Thompson, Mo., 70 S. W. Rep. 256.

74. FRAUDULENT CONVEYANCES-Action to Set Aside.A creditor will not be required to exhaust statutory proceedings in aid of execution before resorting to equity to charge another creditor for chattel property of a debtor fraudulently obtained and disposed of. — Chamberlain Banking House v. Turner-Frazier Mercantile Co., Neb., 92 N. W. Rep. 172.

75. FRAUDULENT CONVEYANCES-Creditor's Suit. - A creditor has no standing in equity to question a convey. ance which does not impair the security of his debt or hinder him in its collection.-Anthes v. Schroeder, Neb., 92 N. W. Rep. 196.

76. FRAUDULENT CONVEYANCES-Exempt Property.-A sale of exempt property by a debtor to his creditor is not in fraud of the other creditors.- Heisch v. Bell, N. Mex., 70 Pac. Rep. 572.

77. GARNISHMENT-Lien.-Plaintiff in garnishment acquires only such a lien as gives him the right to hold the garnishee personally liable for the property or its value. -Benedict v. T. L. V. Laud & Cattle Co., Neb., 92 N. W. Rep. 210.

78. GUARDIAN AND WARD - Order to Purchase Land.— Possession by a guardian of funds belonging to his ward, under an order of court to invest them in land belonging to himself, held to create a lien on the land.— Smith's Exr. v. May, Ky., 70 S. W. Rep. 199.

79. HOMESTEAD- Estoppel. Where the statutory requirements of signature and acknowledgment to an incumbrance of a homestead are wanting, they cannot be

supplied hy estoppel of the grantors.-Davis v. Thomas, Neb., 92 N. W. Rep. 187.

80. HOMESTEAD-Waiver of Rights.- Where a wife released a homestead in a mortgage, she could not recover it after foreclosure; there being no allegation of fraud or collusion between her husband and the mortgagee.Leamon v. Kidwell, Ky., 70 S. W. Rep. 185.

81. HOMICIDE-Justifiable Killing by Husband. - The accidental killing by a husband of his wife, in an attempt to shoot another man about to commit adultery with her, held to be no offense.-Powell v. State, Tex., 70 S. W. Rep. 218.

83. HUSBAND AND WIFE - Judgments. It was not necessary that a judgment against a husband and wife state specifically that the separate property of the wife was liable therefor. Smith v. Ridley, Tex., 70 S. W. Rep. 235.

84. HUSBAND AND WIFE - Mortgage on Wife's Land.The mere fact that a husband paid off a mortgage on his wife's land held not to have given him any right to the land.-Joyner v. Sugg, N. Car., 42 S. E. Rep. 828.

85. HUSBAND AND WIFE — Purchase of Land in Wife's Name. Where one pays the price of land and takes the title in his wife, the presumption is it was a gift. Solo. mon v. Soloman, Neb., 92 N. W. Rep. 124.

86. HUSBAND AND WIFE-Separate Property.-Where a husband gave to his wife the proceeds of her dairy, it is not error to set apart to her property purchased from such proceeds.-Dority v. Dority, Tex., 70 S. W. Rep. 338. 87. INDICTMENT AND INFORMATION-File Mark. -The clerk of court may amend the signature to the file mark on an indictment. Scrivener v. State, Tex., 70 S. W.

Rep. 214.

89. INFANTS-Guardian Ad Litem. Failure to appoint a guardian ad litem for infants who have, pending a contest of a will, acquired rights in the property involved, will not invalidate the judgment. — Shelby v. St. James Orphan Asylum, Neb., 92 N. W. Rep. 155.

90. INJUNCTION-Jurisdiction.-A court has no juris. diction by a provisional injunction to transfer the pos session of real estate from one litigant to another.State v. Graves, Neb., 92 N. W. Rep. 144.

91. INJUNCTION-Picketing Store. - Members of union and friends enjoined from entering store judged unfair and interfering with trade or customers.- Foster v. Retail Clerks' International Protective Assn., 78 N. Y. Supp. 860.

92. INTOXICATING LIQUORS - Druggist. — On trial of a druggist for sale of liquor without prescription from practicing registered physician, evidence of registration of physician under whose prescription the liquor was sold held material. -State v. Morgan, Mo., 70 S. W. Rep. 267.

93. JUDGES Disqualification. In action for damages to land by polluting a creek, the district judge was not disqualified for "interest," under Sales, Civ. St. art. 1068, though he owned land through which the creek flowed.-New Odorless Sewerage Co. v. Wisdom, Tex., 70 S. W. Rep. 354.

94. JUDGMENT Collateral Attack. - A judgment for taxes against the "unknown heirs" of a former owner, being void as to the owner, under grant from the deceased, he may collaterally attack such judgment. Green v. Robertson, Tex., 70 S. W. Rep. 345.

95. JUDGMENT-Evidence.- Existence of a judgment is not established by the memoranda thereof contained in

the judgment docket. - City of Red Cloud v. Farmers' & Merchants' Banking Co., Neb., 92 N. W. Rep. 160.

96. JUDGMENT- Opening Default. A default will not be opened at the instance of a defendant unless he shows a"reasonable excuse" for failing to file an answer at the first term.-Deering Harvester Co. v. Thompson, Ga., 42 S. E. Rep. 772.

97. JUDGMENT-Presumption of Regularity. Where a judgment confessed showed service of citation waived, the absence of an affidavit by plaintiff to the justness of his claim did not invalidate the judgment. Smith v. Ridley, Tex., 70 S. W. Rep. 235.

99. JUDGMENT-Res Judicata. A plea of res judicata is effective, where there is an identity of the subject-matter and of the parties. Lindauer Mercantile Co. v. Boyd, N. Mex., 70 Pac. Rep. 568.

99. LANDLORD AND TENANT-Counterclaim.-Breach of covenant by a landlord to furnish steam power for the premises may be made the basis of a counterclaim in an action for rent. Hirsch v. Olemesdahl, 78 N. Y. Supp. 832.

100. LANDLORD AND TENANT- Failure to Reserve Rent. -In an action by a lessor to recover rent, the lessee may show by way of defense that the lessor has conveyed the premises to another without reserving rent. - Allen v. Hall, Neb., 92 N. W. Rep. 171.

101. LANDLORD AND TENANT-Injury to Guest of Tenant.-A landlord is not liable for injuries to the guests of a tenant, owing to the premises being out of repair, merely because he has covenants to keep them in repair. -Frank v. Mandel, 78 N. Y. Supp. 855.

102. LARCENY Felonious Intent. The fact that one accused of larceny secured possession of the property with the owner's consent is not conclusive of his innocence, but the question of the intent with which the possession was secured governs. State v. Meldrum, Oreg., 70 Pac. Rep. 526.

103. LIBEL AND SLANDER - Defenses. A charge that the person is a "skin" is not justified by the fact that he is in arrears for rent. Christianson v. O'Neil, 78 N. Y. Supp. 757.

104. LIBEL AND SLANDER — Evidence.-Where plaintiff testified to the use of language slanderous per se, and defendant denied such use, the case should have been submitted to the jury.-Laury v. Evaus, Minn., 92 N. W. Rep. 224.

105. LIFE INSURANCE-Agent's Commission. - Where one of two subagents claimed half the commission on a life policy written on application of the other, the gen. eral agent was not liable for such claim, if he had paid the commissions to the one forwarding without knowledge thereof.-Lane v. Raney, N. Car., 42 S. E. Rep. 820. 106. LIFE INSURANCE Ignorance of Contents. reasonable time for discovering that a policy of insurance differs from the one supposed to have been applied for runs on the receipt of the policy, and a delay of 4 1-2 months in discovering the fraud is too long.-Bostwick v. Mut. Life Ins. Co., Wis., 92 N. W. Rep. 246.

The

107. LOGS AND LOGGING-Notice of Former Sale.- One who purchases standing trees from the owner of the land with notice of their prior sale by a former owner of the land is not an innocent purchaser for value.- Hogg v. Frazier, Ky., 70 S. W. Rep. 291.

108. MANDAMUS-School Board.- A resident citizen's school privileges may be enforced by mandamus.-State v. Penter, Mo., 70 S. W. Rep. 375.

109. MANDAMUS-Supreme Court.-Mandamus held not issuable out of the supreme court in the first instance to compel a county judge to enter of record in his court a certain judgment of the supreme court.-Fakes v. Stan. ley, Ark., 70 S. W. Rep. 307. 110. MARRIAGE Annulment of Marriage. - A suit to annul a marriage is reviewable on appeal on the law and the facts.-Gross v. Gross, Mo., 70 S. W. Rep. 393.

111. MARSHALING ASSETS AND SECURITIES-Marshaling of Assets. That a prior lien on land covered more than a subsequent one held to compel the prior lien holder to