prize superior in value to the amount invested. The contract, therefore, does not come within any of the accepted definitions of a lottery, nor within the scope of the evil intended to be suppressed by the prohibition thereof.

It follows from these views that the circuit court was in error, and that the judgment appealed from must be reversed, and the cause remanded for such further proceedings as may be proper, not inconsistent with this opinion.

NOTE. What Are Lotteries?-The court in the principal case has quoted definitions of the term "lottery" sufficient for all practical purposes. The difficulty here, as in all other cases, is to apply the definition of a legal term to the facts in any particular case. Our concern in this annotation, therefore, will be not with lotteries in the abstract, but the practical application of this term by the courts to various schemes and circumstances which have been, and are constantly being devised by the brain of man to satisfy the gambling spirit which is present, more or less, in every person.

Raffles and Prize Contests. In the case of Commonwealth v. Brookway, 150 Mass. 322, it was held that disposing of a horse by raffle was a lottery. So also in Commonwealth v. Manderfield, 8 Phila. 457, where the court held a raffle to be a lottery. The court says: "It is not every game of chance that will constitute a lottery. Human life has been said to be a game of chance, and some writers speak of it as a lottery. Shakespeare, Dryden, and other poets so refer to it. But these, and many other instances that might be mentioned, have no reference to lotteries in the sense in which the term is used in the criminal law. The latter refers to something in which there are supposed prizes and certain blanks. In the instances above referred to there is no drawing of prizes by chance, which is the very life and soul of a lottery. On the other hand, the disposal of any species of property by any of the schemes or games of chance popularly regarded as innocent, comes within the terms of the law. The raffles which occur daily at the street corners, in bar rooms, at fairs, and at other places, are as clearly violations of the criminal law as the most elaborate and carefully organized lotteries by which the ignorant and credulous are swindled out of their hard earnings." To same effect, see State v. Kennon, 21 Mo. 262, 265. Contra: State v. Pinchback, 2 Mill (S. Car.), 128; Kirk v. State, 62 Miss. 215.

Gift Enterprises. — A gift enterprise is defined by the Century Dictionary as a business, such as selling of books or works of art, the publication of a newspaper, etc., in which presents are given to purchasers as an inducement. Under this definition, however, the courts are inclined to hold that the legislature cannot prohibit gift enterprises as lotteries. People v. Gibson, 109 N. Y. 389. But in Indiana the court held that the term "gift enterprises," as used in the statute against lotteries, meant substantially a scheme for the division or distribution of certain articles of property to be determined by chance, among those who had taken shares in the scheme. Lohman v. State, 81 Ind. 17.

Schemes known as gift enterprises are'many and are only limited by the ingenuity of the mind of man. The courts, however, are quick to detect the lottery feature in them and to quickly nullify them and punish their originators. Thus, a sale of packages of

Coffee on each of which is a slip of paper to be torn off, having on the under side the name of some article of crockery that the buyer of the package is entitled to, is a violation of the law prohibiting gift enterprises. The fact that there are no blanks in the enterprise does not render them legitimate. Wooden v. Shotwell, 23 N. J. L. 465; Randle v. State, 42 Tex. 580. A scheme to increase the number of subscribers to a newspaper by giving to each paid up subscriber a numbered ticket which will entitle him to a chance at a drawing for certain prizes, to be given away by the publishers of the newspapers to the holders of the fortunate tickets, is a lottery, and it is immaterial that each ticket holder is presumed to get the worth of his money in a subscription to the newspaper. United States v. Wallis, 58 Fed. Rep. 942; State v. Mumford, 73 Mo. 647, 39 Am. Rep. 532. So also distributing prizes with certain orders (determined by chance) is a lottery, Reg. v. Parker, 9 Manitoba, 203. Other instances of "gift enterprise" held to be lotteries are as follows: Reg. v. Harris, 10 Cox C. C. 352; Randle v. State, 42 Tex. 580; Reg. v. Freeman, 18 Ont. 524; State v. Bryant, 74 N. Car. 207; Cross v. People, 18 Colo. 321, 36 Am. St. Rep. 292; State v. Moren, 48 Minn. 555; Meyer v. State, 112 Ga. 20; Yellowstone Kit v. State, 88 Ala. 196; Dunn v. People, 40 Ill. 465; State v. Clarke, 33 N. H. 329; Davenport v. Ottawa, 54 Kan. 711.

Miscellaneous Schemes Held to be Lotteries.-It is unanimously held that "policy" is a lottery. Commonwealth v. Sullivan, 146 Mass. 142; Clark v. State, 47 N. J. L. 556; Boyland v. State, 69 Md. 511; State v. Martin, 68 N. H. 463; People v. Hess, 85 Mich. 128; State v. Harmon, 60 Mo. App. 48; State v. Mercantile Association, 45 Kan. 351, 23 Am. St. Rep. 727. The comparatively recent case of State v. Investment Company, 64 Ohio St. 283, 52 L. R. A. 530, is an important case. It holds that contracts of investment security, debentures or certificates which, by the devise of a "numeral apart" may be called in and redeemed at any period before they would regularly accumulate a credit in the reserve fund equal to the stipulated endowment value, and otherwise giving unequal advantages to the certificate holders, contain the elements of chance and prize, constituting a lottery, and are unlawful. Prize concerts or entertainments where each holder of a ticket to the entertainment is entitled to a chance at certain prizes to be distributed among the holders of the tickets are lotteries, Thomas v. People, 59 Ill. 160; State v. Shorts, 32 N. J. L. 398, 90 Am. Dec. 668; Commonwealth v. Thacher, 97 Mass. 583; State v. Overton, 16 Nev. 136; State v. Yoke, 9 Mo. App. 582. There is a conflict of authority as to whether pool selling on horse races is a lottery. In some states pool selling is held to be a lottery. Boyland v. State, 69 Md. 511; State v. Lovell, 39 N. J. L. 458. Other cases hold pool selling not a lottery because the element of chance is wanting. People v. Reilly, 50 Mich. 334, 45 Am. Rep. 47; People v. Fallon, 152 N. Y. 12, 57 Am. St. Rep. 492. Schemes to assist in the sale of real estate by disposing of certain lots by chance, so that some purchasers get more valuable lots than others, or receive a "prize lot” in addition to their purchase are lotteries. Paulk v. Land Co. 116 Ala. 178; Allebach v. Hunsicker, 132 Pa. St. 349; Hooker v. De Palos, 28 Ohio St. 251; Lynch v. Rosenthal 144 Ind. 86, 55 Am. St. Rep. 168. Selling candy, tea or other merchandise containing prizes of unequal value is a lottery. Hull v. Ruggles, 56 N. Y. 424; Eubanks v. State, 3 Heisk. (Tenn.), 488; Holoman v. State, 72 Tex. App. 610; State v. Lunnden,

89 N. Car. 572; State v. Boneil, 42 La. Ann. 1110, 21 Am. St. Rep. 413. So also the giving of certain prizes to facilitate the sale of bonds of any kind is a lottery. Horner v. United States, 147 U. S. 449; Bullock v. State, 73 Md. 1, 25 Am. St. Rep. 273; United States v. Politzer, 50 Fed. Rep. 273; Kohn v. Koehler, 96 N. Y. 362, 48 Am. Rep. 628; MacDonald v. United States, 63 Fed. Rep. 426; Ex parte Shorbert 70 Cal. 632, 59 Am. Rep. 432.

IOWA. KANSAS.. LOUISIANA.

.20, 32, 38, 57, 63, 93, 106, 109, 112, 119, 126, 137, 163

MICHIGAN..

MINNESOTA..

MISSISSIPPI..

MONTANA.

21 ..41, 82, 94, 122, 149 .28, 33, 45, 99 ..40, 98 .74, 88, 89, 90, 117, 131, 151, 168 .62, 64, 179 NEBRASKA, 3, 9, 15, 16, 30, 31, 49, 50, 51 52, 59, 71, 77, 83, 84, 87, 100, 108, 113, 116, 120, 123, 124, 132, 133, 134, 135, 13%, 140, 142, 143, 158, 161, 165, 177

NEW YORK, 2, 6, 7, 8, 17, 18, 19, 36, 55, 66, 68, 70, 85, 91, 92, 101, 102, 103, 107, 115, 125, 127, 129, 141. 145, 147, 148, 154, 164, 173, 178

OREGON..

SOUTH CAROLINA..

UNITED STATES S. C UTAH...

VIRGINIA.

WASHINGTON..

.34, 78, 110, 118, 121, 144 ..65, 146 .42, 43, 46, 47, 67, 72, 86, 156 ..95 .13, 25, 96 ..22, 48, 114, 157, 167, 169, 164 1. ABATEMENT AND REVIVAL - Homestead. Where land sued for in ejectment is the homestead of the sole defendant therein, and he dies pending the suit, it can only be revived against the heirs of such decedent.Finlayson v. Love, Fla., 33 So. Rep. 306.

2. ACCORD AND SATISFACTION-Requestfor Renewal of Note.-Retention of check, sent for amount of discount, with request for permission to renew note, held not an accord and satisfaction of the note.-Kelley v. Lawrence Bros., 79 N. Y. Supp. 914.

3. ACCOUNT STATED-Correctness.-On suit on an account stated, plaintiff must show both the account and an unqualified assent to its correctness.-Cahill Swift. Mfg. Co. v. Morrissey Plumbing Co., Neb., 93 N. W. Rep. 204.

4. AGRICULTURE-Services of Minor.-Where a minor, with teams of his father, plows the land of a creditor of his father, though entitled to a lien for his own services, he is not entitled to a lien for the services of the team.Tuckey v. Lovell, Idaho, 71 Pac. Rep. 122.

5. ALTERATION OF INSTRUMENTS-Pleading.-An alter ation in a note sued on, not pleaded as a defense cannot be considered.-Heard v. Tappan, Ga., 43 S. E. Rep. 375.

6. ANNUITIES-Assignment.-Under 1 Rev. St. p. 730. § 63, a son to whom, by the direction of his father's will, is to be paid an annuity out of the rents of the real property of the estate, cannot assign such annuity or any part thereof.-Rothschild v. Roux, 79 N. Y. Supp. 823.

7. APPEAL-Time for Taking.-Where the time fixed for taking an appeal is statutory, it cannot be enlarged by the appellate court.-Hall v. City of New York, 79 N. Y., Supp. 979.

8. APPEAL-Weight of Evidence.-A verdict for plaintiff will not be disturbed as against the weight of the evidence, though defendant preponderates in the number of witnesses.-Copeland v. Metropolitan St. Ry. Co., 79 N. Y., Supp. 1054.

9. APPEAL AND ERROR-Certificate of Clerk.-A document accompanying a transcript in error will be disregarded, unless authendicated by the certificate of the clerk of the district court.-Village of Holstein v. Klein, Neb. 93 N. W. Rep. 214.

11. APPEAL AND ERROR-Record.-Where the part of the complaint and interrogatories stricken out are not set forth in any bill of exception, the record does not present any question as to the ruling striking them out. -Smith v. Tate, Ind., 66 N. E. Rep. 88.

12. APPEAL AND ERROR-Review.-Where the abstract of record does not show the particular acts of negligence charged, the court cannot hold a ruling on evidence erroneous, on objection that it was not within the pleadings.-Florida Cent. & P. R. Co. v. Seymour, Fla., 33 So. Rep. 424.

13. APPEAL AND ERROR-Jurisdiction.-Where it appears from the record that the trial court had no juris. diction, the objection can be raised for the first time on appeal.-Furst v. Banks, Va., 43 S. E. Rep. 360.

14. ASSIGNMENTS-Bank Deposit.-An attachment on a bank deposit will take precedence of an unpresented check drawn on a part of the deposit.-Donohoe-Kelly Banking Co. v. Southern Pac. Co., Cal., 71 Pac. Rep. 93. 15. ASSUMPSIT, ACTION OF-Possession of Trespasser.The possession of a mere trespasser will not sustain an action for the use and occupation of any premises.-Janouch v. Pence, Neb. 93 N. W. Rep. 217.

16. ATTACHMENT-Costs.-When an attachment is rightfully issued and levied upon property of the defendant, it creates a lien in favor of the plaintiff for the amount of his claim and for all costs, whether incident to the action or resulting from the special proceeding.-Rhodes v. Samuels, Neb., 93 N. W. Rep. 148.

17. ATTORNEY AND CLIENT-Accounting. Attorneys must account to client for moneys received, less a reasonable sum for counsel fees and disbursements.-In re Keen, 79 N. Y. Supp. 857.

18. ATTORNEY AND CLIENT-Purchase of Judgment by Attorney.-Administrator of an estate held entitled to have judgment against the estate, purchased by its attorney, satisfied for the amount paid for it, with interest. Hare v. De Young, 79 N. Y. Supp. 868.

19. BAILMENT-Theft from Bailee.-Tailor, employed to work on goods furnished, held liable to the employer for their value, when stolen.-Rothoser v. Cosel, 79 N. Y., Supp. 855.

20. BANKRUPTCY-Chattel Mortgage.-Trustee in bank. ruptcy, attacking preferential unrecorded chattel mortgage under state law, held required to show agreement not to record or prejudice to creditor.-Deland v. Miller & Chaney Bank, Iowa, 93 N. W. Rep. 304.

21. BANKRUPTCY-Judgment for Tort.-Under Ban kr. Act, § 17, U. S. Comp. St. 1901, p. 3428, a discharge in bankruptcy will not release a woman from a judgment for damages sustained by a wife by reason of the alienation of the affections of her husband.-Leicester v. Hoadley, Kan. 71 Pac. Rep. 318.

22. BANKS AND BANKING-Forged Check. — Where a bank paid a forged check drawn on another bank, and indorsed it to the drawee, who innocently paid it, held, the drawee could recover of the paying bank the amount

so paid.-Canadian Bank of Commerce v. Bingham, Wash., 71 Pac. Rep. 43.

25. BENEFIT SOCIETIES-Certificate.-Delivery of certificate of benefit insurance to designate the beneficiary held unnecessary to vest title in her.-Leftwich v. Wells, Va., 43 S. E. Rep. 364.

26. BILLS AND NOTES-Attorney's Fees.-In an action on a note, a verdict including attorney's fees, not claimed in the petition, is error.-Heard v. Tappan, Ga., 43 S. E. Rep. 375.

28. BILLS AND NOTES-Consideration.-That the maker of a note may be irresponsible does not alter the rule that one buying a note buys property, so that his note given therefor is supported by a consideration.-Crampton v. Newton's Estate, Mich., 93 N. W. Rep. 250.

29. BILLS AND NOTES-Indorsement.-Where the payee of a note made an equitable assignment thereof, and after maturity indorsed the same the right of the makers to set up any defense against the payee was not defeated.-Reese v. Bell, Cal., 71 Pac. Rep. 87.

30. BONDS-Right of Action.-A cause of action accrues on a bond conditioned to do a certain act as soon as there is a default in performance.-Northern Assur. Co. ▼. Borgelt, Neb., 93 N. W. Rep. 226.

31. BONDS-Validity.-The test of the enforceability of a bond given under a statute which proves unconstitutional is whether a consideration exists independent of the statute.-Stevenson v. Morgan, Neb. 93 N. W. Rep. 180.

32. BOUNDARIES

-Government Survey. Where the plats and field notes of a government sarvey differ from the lines as actually run and fixed monuments, the lat. ter will control.-Rowell v. Weinemann, Iowa, 93 N. W. Rep. 279.

33. BOUNDARIES-Line Fences.-Where a line fence had been established and recognized by both parties for 20 years, it is immaterial whether it was originally established on the true liine.-F. H. Wolf Brick Co. v. Lonyo, Mich., 93 N. W. Rep. 251.

84. BROKERS-Commissions. The fact that an owner had given an option to another, held not to relieve him of liability for agents' commissions.-York v. Nash, Oreg., 71 Pac. Rep. 59.

35. CARRIERS-Failure to Trace Freight.-In an action against a common carrier for failure to trace freight, neither the legal sufficiency of the application nor the validity of the act under which the application was made can be tested by a motion to nonsuit.-Savannah, F. & W. Ry. Co. v. Elder, Ga., 43 S. E. Rep. 379.

36. CARRIERS-Negligence.-A pedestrian, after signaling a car to stop, held not negligent as a matter of law for failing to look behind her after she had started diag. onally across the tracks to the stopping place.-Copeland v. Metropolitan St. Ry. Co., 79 N. Y. Supp. 1054.

38. CARRIERS-Passenger.- Person riding on special excursion train, though not a member of the excursion, held to be a passenger.-Fitzgibbon v. Chicago & N. W. Ry. Co., Iowa, 93 N. W. Rep. 276.

39. CHATTEL MORTGAGES-Presumption of Ownership. -Act of a party in giving a chattel mortgage raises a presumption, as against him and his successors, that he is owner of the property.-Mathew v. Mathew, Cal., 71 Pac. Rep. 344.

40. CHATTEL MORTGAGES-Rights of Purchaser.-Purchaser of mortgaged chattels, held to stand in the same relation as did the mortgagee, and in an action against such purchaser to recover the value of the property over the indebtedness, such purchaser was not a stranger to the mortgage.-Berg v. Olson, Minn., 93 N. W. Rep. 309.

41. COMMERCE-Itinerant Venders.-Motion to quash an information under Acts 1894, No. 49, § 12, imposing a penalty upon itinerant venders of drugs, made on the ground that it regulated interstate commerce, held properly overruled.-State Pettigrew v. Hall, La., 33 So. Rep. 318.

42. COMMERCE Taxation.-Logs which have been floated down a stream to a boom, from which they are to be shipped by rail to a point out of the state, are not' while waiting delivery to the railway company, the subect of interstate commerce, so as to be exem pt from taxation.-Diamond Match Co. v. Village of Ontonagon, U. S. S. C., 23 Sup. Ct. Rep. 266.

43. COMMERCE-Taxation of Property in Transit.-A flock of 10,000 sheep, being driven from Utah, across Wyoming, to Nebraska, at a rate of about 9 miles a day, is a subject of interstate commerce, and exempt from taxation under Laws Wyo. 1895, ch. 61.-Kelley v. Rhoads, U. S. S. C. 23 Sup. Ct. Rep. 259.

45. COMPROMISE AND SETTLEMENT-Agreement Among Heirs. Twenty years after the settlement of an estate in probate court, pursuant to an alleged agreement among the heirs, it will be presumed that all the parties interested were parties to the agreement.-Lasley v. Preston Mich., 93 N. W. Rep. 253.

46. CONSTITUTIONAL LAW-Contracts.-The obligation of contracts with a city is not impaired by the change in its charter which protects it from suit on claims which have not first been presented to the city council.-Oshkosh Waterworks Co. v. City of Oshkosh, U. S. S. C., 28 Sup. Ct. Rep. 234.

47. CONSTITUTIONAL LAW — Inheritance Tax.- Equal protection of the laws is not denied by the Illinois in. heritance tax law, because certain life estates may be taxed under it when the remainder is to the lineal descendants, but not when it is to the collateral heirs or strangers in blood.-Billings v. People of the State of Illinois, U. S. 8. C. 23 Sup. Ct. Rep. 272.

48. CONSTITUTIONAL LAW-Inheritance Tax.-Cost. art. 1, §§ 1. 30, held not to render Sess. Laws 1901, p. 68, § 2, providing for an inheritance tax, invalid, because of the want of any express constitutional authority for their enactment.-State v. Clark, Wash., 71 Pac. Rep. 20.

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49. CONSTITUTIONAL LAW — Religious Services. - Enforced attendance upon religious services is forbidden by the constitution, and pupils in a public school cannot be required either to attend such services or to join in them.-State v. Scheve, Neb. 93 N. W. Rep. 169.

50. CONTEMPT-Record-While a formal accusation is not necessary to a prosecution for coutempt in the presence of the court, the record must show that such a contempt has been committed.-Ogden v. State, Neb. 93 N. W. Rep. 203.

51. CORPORATIONS- Accommodation Indorsement. — An accommodation indorsement by a manufacturing and trading corporation is ultra vires. — Preston v. Northwestern Cereal Co., Neb., 93 N. W. Rep. 136.

52. CORPORATIONS-Compliance with Statute.- Where the record shows affirmatively that plaintiff, a foreign corporation, has been doing business in the state without complying with the statute, a demurrer is properly sustained. Northern Assur. Co. v. Borgelt, Neb., 93 N. W. Rep. 226.

53. CORPORATIONS Contract made by Directors.-A contract made by the directors of a water company held illegal, because made by directors interested adversely to the company.-Goodell v. Verdugo Canon Water Co., Cal., 71 Pac. Rep. 354.

54. CORPORATIONS-Defective Machinery.-A count in a complaint seeking recovery for injuries resulting to a servant from a defect in machinery held not demurrable as failing to charge the defendant company with notice of the defect. Houston Biscuit Co. v. Dial, Ala., 33 So. Rep. 268.

debtor.-Moore v. Parker Drug Co., Ala., 33 So. Rep. 439.

57. COSTS-Wife's Contract. In an action to enforce a contract made by a husband for the sale of his wife's land, the court under the facts could not assess the costs of the suit against the husband.-Saunders v. King, Iowa, 93 N. W. Rep. 272.

58. COUNTIES-Insolvent Bank.-Where a county treasurer deposits money in a bank which thereafter becomes insolvent, and his checks thereon are not paid, the county is liable.-Green v. Custer County, Idaho, 71 Pac. Rep. 115.

59. COUNTIES-Service of Summons. A county attorney has authority to waive issuance and service of summons in error in a case against a county in which he has appeared for it at the trial. - Dakota County v. Bartlett, Neb., 93 N. W. Rep. 192.

60. CRIMINAL EVIDENCE-Good Character. - Evidence of good character must be considered with all the other evidence, and, if the evidence raises a reasonable doubt, there should be an acquittal. - Olds v. State, Fla., 33 So. Rep. 296.

61. CRIMINAL EVIDENCE- Testimony of Accomplice.The testimony of accomplice is not objectionable because it appears that he has been offered his liberty in consideration thereof. Barr v. People, Colo., 71 Pac. Rep. 392.

62. CRIMINAL LAW-Assistant Prosecuting Officer.-In a criminal case it was proper to permit an attorney to appear as an assistant for the prosecuting officer and participate in the trial, though he was being compensated by private persons.-State v. Tighe, Mont., 71 Pac. Rep. 3.

63. CRIMINAL LAW- Misconduct of Prosecuting Attor. ney. Repeated efforts of the prosecuting attorney to introduce evidenc of other crimes held prejudicial error. -State v. Roscum, Iowa, 93 N. W. Rep. 295.

64. CRIMINAL TRIAL- Time Limit in Argument. — In a capital case, it is error for the court to limit the time which counsel for defendant may employ in his argument to the jury.-State v. Tighe, Mont., 71 Pac. Rep. 3. 65. DAMAGES - Breach of Contract. In action for breach of contract, evidence of the rental value of plaintiff's works, of the use of which he was deprived, held admissible.-Lipscomb v. South Bound R. Co., S. Car., 43 S. E. Rep. 388.

66. DAMAGES Excessiveness. $10,000 damages for personal injury to licensed pilot held not excessive.Waldie v. Brooklyn Heights R. Co., 79 N. Y. Supp. 922.

67. DIVORCE-Jurisdiction.-The appearance of a nonresident defendant cannot invest a court with jurisdiction of a suit for divorce instituted by a person who has no bona fide domicile in the state.-Andrews v. Andrews, U. S. S. C., 23 Sup. Ct. Rep. 237.

68. EJECTMENT-Improvements. - Defendant in ejectment, having made improvements with knowledge of the owner's rights, may not have an allowance therefor. -Willis v. MeKinnon, 79 N. Y. Supp. 936.

In an

73. ESTOPPEL- Street Opening Assessments. action to enforce special assessments for street improvement, plaintiff cannot rely on estoppel, where the same is not pleaded. - Taylor v. Patton, Ind., 66 N. E. Rep. 91. 74. ESTOPPEL-Void Trustee's Sale.- Where land has been sold by a trustee, and price paid, the former owner, while retaining the price, is estopped to dispute the right of the purchaser to the rents, though the sale was Void.-White v. Jenkins, Miss., 33 So. Rep. 287.

75. EVIDENCE-Municipal Ordinances. - Municipal ordiuances may be proved by copies thereof, duly certifiled by the city clerk.-Florida Cent. & P. R. Co. v. Seymour, Fla. 33 So. Rep. 424.

76. EVIDENCE- Res Gestæ.- On the issue of the death of the insured, in an action on a life policy, a letter written by him, indicating an intention to commit suicide, held admissible as a part of the res gesta. Rogers v. Manhattan Life Ins. Co., Cal., 71 Pac. Rep. 349.

77. EVIDENCE- Violation of Law. It will not be presumed in any case that the law has been violated. Every alleged violation must be established by competent proof.-State v. Scheve, Neb., 93 N. W. Rep. 169.

78. EXECUTION SALE-Vacation. - An execution sale cannot be vacated, having been redeemed from, and the redemption not having been repudiated. Brand v. Baker, Oreg., 71 Pac. Rep. 320.

79. EXECUTORS AND ADMINISTRATORS—Action against Executor. Where parties claim by independent right to recover from an executor the rents of real estate belonging to them, but of which the executor has had possession, simple interest only is allowed. Anderson v. Northrop, Fla., 33 So. Rep. 419.

80. EXECUTORS AND ADMINISTRATORS Chattel Mortgage. Chattel mortgagee, in case of default, held entitled to possession of the property as against mortgagor's executor. Mathew v. Mathew, Cal., 71 Pac. Rep.

344.

81. EXECUTORS AND ADMINISTRATORS Death of Defendant.-Under Rev. St. § 1917, an administrator cannot sue or defend in ejectment for the possession of land of which he has never been in possession or directed by a proper court to take possession.-Finlayson v. Love, Fla., 33 So. Rep. 306.

82. EXECUTORS AND ADMINISTRATORS Payment of Claims.-Heirs can only obtain possession of the property inherited by paying the debts or furnishing security to the creditors. Succession of Willis, La., 33 So. Rep. 314.

83. EXECUTORS AND ADMINISTRATORS Recovery of Purchase Money.-In an action by a personal representative for specific performance of a purchase of a homestead, the decree should provide that the heirs recover the purchase money. - Solt v. Anderson, Neb., 93 N. W. Rep. 205.

84. EXECUTORS AND ADMINISTRATORS - Specific Performance.-Unless the property is a homestead, the allegetions of the personal representative of a deceased vendor in a suit for specific performance are binding on all interested in the estate.-Solt v. Anderson, Neb., 93 N. W. Rep. 205.

85. EXECUTORS AND ADMINISTRATORS - Use of Trust Funds. A complaint alleging that an executor and wife had transferred their interest to plaintiff in certain pledged stock sued for, should specifically state the date of such transfer. - Ruggles v. O'Brien, 79 N. Y. Supp. 940.

86. FEDERAL QUESTION-Courts.-A federal question is raised too late to confer jurisdiction on the Supreme Court of the United States when first suggested on rehearing after final decision of the highest state court.Weber v. Rogan, U. S. S. C., 23 Sup. Ct. Rep. 263.

87. FOOD-Police Power. Cr. Code, § 245m et seq, forbidding the selling or keeping for sale of imitation butter, held a valid exercise of the police power. Beha v. State, Neb., 93 N. W. Rep. 155. 88. FRAUD Tax Title. False representations as to validity of tax title, by whch the vendor thereof was in

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duced to part with his lien notes for a fraction of their value, held actionable fraud. -Brown v. Lyon, Miss., 33 So. Rep. 284.

89. FRAUDS, STATUTE OF-Services to Member of Family. A promise of a father to pay a doctor for services to his daughter held an original one, having consideration. -Biglane v. Hicks, Miss., 33 So. Rep. 413.

90. FRAUDULENT CONVEYANCES-Exemptions.-Though one's sale of goods is adjudged fraudulent as to his creditors, this gives him no right to claim an exemption therein.-Williamson v. Wilkinson, Miss., 33 So. Rep. 282. 91. FRAUDULENT CONVEYANCES-Husband and Wife.The relation of debtor and creditor between husband and wife may be established, as against other creditors of the husband, by evidence that such was their inten. tion at the time of the transfer of her separate property to him.-Willis v. Willis, 79 N. Y. Supp. 1028.

94. GUARDIAN AND WARD- Clerical Error. - Clerical error in writing the name of man really appointed undertutor of minors does not vitiate the appointment.McCoy's Heirs v. Derbonne, La., 33 So. Rep. 326.

95. HOMESTEAD-Construction.-Homestead exemption laws are to be liberally construed. Folsom v. Asper, Utah, 71 Pac. Rep. 315.

96. HOMESTEAD - Tax Sale. That a homestead has been sold to the state for taxes gives the heir of the decedent no claim to the homestead as against the widow and children of the decedent. - Davis v. Davis, Va., 43 S. E. Rep. 358.

103. INSANE PERSONS Allowance to Committee.-Allowance made to committee of incompetent for successfully resisting attempts to procure her freedom. — In re Larner, 79 N. Y. Supp. 836.

104. INTEREST - Life Insurance. Where the insurer denied any liability on the policy on the ground that the insured was not dead, interest did not accrue on the sum stated in the policy until proofs of death were made.Rogers v. Manhattan Life Ins. Co., Cal., 71 Pac. Rep. 348. 105. JUDGMENT CONCLUSIVENESS. A judgment against a receiver of a firm held conclusive against the

surviving partner and other creditors of the firm. | Painter v. Painter, Cal., 71 Pac. Rep. 90.

106. JUDGMENT-Dismissal Without Prejudice.-Where an action was removed from a state court to the federal court, and there dismissed by plaintiff without prejudice before trial, such proceedings do not bar a new action in the state court for the same cause. Foley v. Cudahy Packing Co., Iowa, 93 N. W. Rep. 284.

107. JUDGMENT-Pleading.—A judgment not pleaded in bar is not res judicata, but only proof of matters actually litigated and determined. - Willis v. McKinnon, 79 N. Y. Supp. 936.

108. JUDGMENT - Pleading to Sustain.-If all the pleadings show that plaintiff is not entitled to recover, a judgment in his favor is erroneous, though it would be sustained by the petition and answer. Solt v. Anderson, Neb., 93 N. W. Rep. 205.

109. JUDGMENT-Res Judicata.-Judgment against city held not res judicata of abutting owner's suit against opposite owner for encroaching on street.-Long v. Wilson, Iowa, 93 N. W. Rep. 282.

110. JUDGMENT Vacation. A court's inherent power to vacate its orders or judgments exists only during the term at which they were rendered. - Brand v. Baker, Oreg., 71 Pac. Rep. 320.

111. JURY - Peremptory Challenges.-A refusal to permit a defendant in a murder trial to exercise a peremptory challenge against a juror, after a refusal to challenge when the same juror was in the box, held not an abuse of the court's discretion. - Nicholson v. People, Colo., 71 Pac. Rep. 377.

112. JURY-Voir Dire Examination.-The admission of a question to each juror on his voir dire in a personal injury case, as to whether he was connected with any casualty or employers' insurance company, held not an abuse of discretion.-Foley v. Cudahy Packing Co., Iowa, 93 N. W. Rep. 284.

113. JUSTICES OF THE PEACE-Jurisdiction.-While an error proceeding from a justice is pending, the justice may try and determine the action; but he is without jurisdiction or authority to make an order taxing the costs of an attachment to either party.-Rhodes v. Samuels, Neb., 93 N. W. Rep. 148.

117. LICENSES-Privilege Tax.-The word "capital," in Acts 1898, p. 14, § 25, providing a privilege tax on a cotton seed oil mill, does not mean capital stock. Hazlehurst Oil Mill & Fertilizer Co. v. Decell, Miss., 33 So. Rep. 412. 118. LIFE ESTATES - Payment by Life Tenant.-In suit by remainderman to recover of life tenant taxes paid on the land by the remainderman, the burden of proving that the remainderman had agreed to pay the taxes held on the defendant. — Abernathy v. Orton, Oreg., 71 Pac. Rep. 327.

119. LIMITATION OF ACTIONS-Clain for Services. - A promise of deceased that past services shall be paid for out of his estate held supported by consideration, so that the statute does not begin to run against it till his death.-Bennett v. Lutz, Iowa, 93 N. W. Rep. 288.

120. LIMITATION OF ACTIONS-Pleadings.-The defense of limitations is waived, unless interposed by demurrer or by answer.-Dufrene v, Anderson, Neb., 93 N. W. Rep. 189,