"It is very easy to learn, and you should have done so," retorted the judge, adding impressively. "As long as I am here everyone shall keep order, from the highest counsel to the lowest litigant."

"I am very sorry," said the lawyer.

"You don't appear to be very sincere in your apologies; perhaps you had better be kept in custody a little longer," retorted the judge.

"I offer you my sincere apologies, then, your honor," said the solicitor after some hesitation.

"Humph! You had better repeat that," said Judge Shortt. The unfortunate lawyer did so, whereupon his honor remarked: "You can now quietly leave the court."

The solicitor walked out, declining to furnish his name to the reporters.

HUMORS OF THE LAW.

Industrious pupils are sometimes to be found in barristers' chambers. One such was recently intrusted with the duty of drawing a statement of defense in an action for personal injuries, strict injunctions being given him to deny everything. Weeks afterwards, when his pleading came to be examined, it was discovered that the faithful young man had denied, 1st, that the plaintiff was a gentleman, and secondly, that the injured leg in question was the leg of the plaintiff.

"I want to be sure I understand you rightly," said the lawyer, who was cross-examining the locomotive engineer. "At the time the accident happened to the plaintiff at what rate were you running? Please repeat your statement as to that particular."

"I had slowed down to about six miles an hour," replied the engineer.

"You are positive as to that, are you?" "Yes, sir."

"You want the jury to understand that you had slowed down to six miles an hour, do you?"

"Yes, sir."

"Once again, you had slowed down to six miles an hour, had you?"

"Yes."

"Now, sir!" thundered the lawyer, rising to his feet and glaring fiercely at the witness, "did you not testify in your direct examination that you had slowed up?"

"Of course, but”—

"That will do, sir! Gentlemen of the jury, that's our case."

And the jurymen, without leaving their seats, brought in a verdict against the railway company.

BOOKS RECEIVED.

Second Edition. Shepard's Citations of All Cases in the Missouri Supreme Court Reports, which have had a Subsequent Citation. Copyright, 1902, by The Frank Shepard Company, New York. Showing Parallel References if a Case has been Affirmed. Criticised, Dismissed, Distinguished, Explained Harmonized, Limited, Modified, Overruled, Reversed, Questioned or Same Case. Also, the Exact Point in the Syllabus to which a Citation Refers. New York: The Frank Shepard Company, Law Book Publishers, 1992. Review will follo v.

WEEKLY DIGEST.

Weekly Digest of ALL the Current Opinions of ALL the State and Territorial Courts of Last Resort, and of all the Federal Courts. ALABAMA, 3, 4, 6, 10, 15, 30, 32, 39, 43, 47, 49, 58, 59, 60, 67, 70, 73, 76, 78, 79, 83, 84, 88. 93, 101, 106, 103, 103, 122, 126, 137, 149, 151, 153, 155, 165, 163, 172, 176, 181

3. APPEAL AND ERROR - Cross Appeal or Error.-If an appellee wishes to have rulings adverse to him reviewed. he must either take a cross appeal or cross assign error.— Long v. Campbell. Ala., 32 So. Rep. 591.

4. APPEAL AND ERROR- Grand Jury. Though no objection to the organization of the grand jury be taken below, still, if that it is illegally organized affirmatively appear in the record, the court on appeal will be com pelled to consider the question.-Hall v. State, Ala., 32 So. Rep. 750.

5. APPEAL AND ERROR- Grant of New Trial. — A judg ment granting a first new trial will never be reversed unless the law and the facts demanded the verdict rendered.-Thornton v. Travelers' Ins. Co., Ga., 42 S. E. Rep.

287.

6. APPEAL AND ERROR -- Joint Assignment of Error.Joint assignments of error are bad, where not good as to all the appellants.-Killian v. Cox, Ala., 32 So. Rep. 738.

7. APPEAL AND ERROR - Sufficiency of Evidence.Where defendant did not ask the direction of a verdict, the circuit court of appeals cannot review a judgment for plaintiff on the ground that the verdict is not supported by the evidence. Kansas City S. Ry. Co. v. Billingslea, U. S. C. C. of App., Fifth Circuit, 116 Fed. Rep. 335. 8. APPEARANCE-Waiver of Objection. · Defendant, by appearing and agreeing to a continuance waives any objection to the return of process. -New, River Mineral Co. v. Painter, Va., 42 S. E. Rep. 300.

9. ARREST Officers of Corporation.-In trover against a corporation the sheriff cannot commit to jail the officers of defendant corporation, when not parties to the action. -Hall & Brown Woodworking Mach. Co. v. Barnes, Ga., 42 S. E. Rep. 276.

10. ASSIGNMENTS FOR BENEFIT OF CREDITORS — Bona fide in Inception. - A deed of assignment, bona fide in its inception, cannot be rendered fraudulent by collusion

between the grantor and the assignee after its execution. -Long v. Campbell, Ala., 32 So. Rep. 591.

11. ATTORNEY AND CLIENT New Trial. An attorney who has appeared and filed an answer for a defendant, with the express agreement that he will not try the case unless a retainer agreed upon is paid before the time for trial, has the right to withdraw from the case, or to fail to appear at the trial, if it is not paid. Silver Peak Gold Min. Co. v. Harris, U. S. C. C., D. Nev., 116 Fed. Rep. 439. 12. BANKRUPTCY Contempt. A bankrupt ordered to turn over money, to his trustee under penalty of commitment for contempt, on evidence that satisfied the court that he had such money in his possession or control and concealed the same with intent to defraud his creditors.In re Wilson, U. S. D. C., N. D. Ark., 116 Fed. Rep. 419. 13. BANKRUPTCY Debts Created by Fraud. - A debt arising from an overpayment made to a bankrupt through mistake, which he refused to refund when advised of the mistake, is not one created by his fraud, within the meaning of Bankr. Act. 1898, § 17a. cl. 4, and is released by his discharge. Western Union Cold Storage Co. v. Hurd, U. S. C. C., S. D. Iowa., 116 Fed. Rep. 442.

14. BANKRUPTCY-Exemptions.-A bankrupt may claim his exemptions, allowed by the laws of Georgia, from the proceeds of property which he had assigned for the benefit of creditors, after such proceeds have been recovered by his trustee. In re Talbott, U. S. D. C., N. D. Ga., 116 Fed. Rep. 417.

15. BANKRUPTCY Under Fraudulent Conveyance. Bankr. Act 1898, § 23, held; that a trustee may sue in a state court for property fraudulently conveyed.-Andrews v. Mather, Ala., 32 So. Rep. 738.

16. BANKRUPTCY-Hearing Before Referee.-A court of bankruptcy has jurisdiction to determine a controversy as to the ownership of property between the trustees of two different estates, both of which are being administered by such court.—In re Rosenberg, U. S. D. C., 116 Fed. Rep. 402.

17. BANKRUPTCY-Insolvency.-The federal courts will not rocognize the rights of a state court to incumber the estate of a bankrupt by entering a judgment for the fees and expenses of its officers incurred in insolvency proceedings, after such proceedings were suspended by the bankruptcy proceedings. — In re Rogers, U. S. D. C., S. D. Ga., 116 Fed. Rep. 435.

18. BANKRUPTCY-Insolvency.-While the bankrupt law of the United States is in force, the insolvent law is suspended, even as to debtors owing less than $1,000, who cannot be put into bankruptcy by adverse proceedings, but may voluntarily invoke its provisions. Littlefield v. Gay, Me., 52 Atl. Rep. 925.

19. BANKRUPTCY-Payment of Rent.- Payment of rent by receiver in bankruptcy for premises leased to bankrupt held not to release the latter from his lease. Woodworth v. Harding, 77 N. Y. Supp. 969.

20. BANKRUPTCY- Payment of Second Note. The payment of a note secured by an indorser within four months of the maker's bankruptcy, and while he is insolvent, but which fact is not known to the payee, is not a preference which the payee must surrender before proving another note, which is unsecured, against the estate of the maker. In re Harpke, U. S. C. C. of App., 116 Fed. Rep. 295.

21. BANKRUPTCY-Preference. The delivery to a bank of coin, legal tender notes, bank bills, indorsed checks and drafts, to be passed to the credit of an insolvent depositor, and to be subject to his draft, held to constitute a preference, within the bankruptcy act, which would have to be surrendered before the bank could prove the balance of its claims. In re Stege, U. S. C. C. of App., 116 Fed. Rep. 342.

22. BANKRUPTCY — Prejudicial Error Under Bankr. Act 1898, §§ 60a, 60b, complaint in an action to set aside a transfer of property by a bankrupt held insufficient for failure to allege that the creditor would receive a greater percentage of its debt than others of the same class.Schreyer v. Citizens' Nat. Bank, 77 N. Y. Supp. 494.

23. BANKRUPTCY-Rulings of Referee. -The ruling of a referee in bankruptcy, allowing the claim of a creditor, cannot be brought into the district court for review by filing exceptions thereto in that court. — In re Hawley, U. S. D. C., 116 Fed. Rep. 428.

24. BANKRUPTCY-Security for Costs. A defendant in an action by a trustee in bankruptcy on a cause accruing after the appointment of the trustee is not entitled to security for costs, under Code Civ. Proc., § 3268.-Kelley v. Kremer, 77 N. Y. Supp. 515.

25 BANKRUPTCY-Suit by Trustee.-A suit by a trustee against a third person in respect to property claimed by both, brought in the district court, is an independent suit of which that court has jurisdiction only by defendant's consent; and an appeal therefrom must be taken under the general law and not under the bankruptcy act. -Stelling v. G. W. Jones Lumber Co., U. S. C. C. of App., Seventh Circuit, 116 Fed. Rep. 261.

26. BANKRUPTCY-Trading in Mercantile Pursuits. — A corporation is not subject to proceedings in involuntary bankruptcy, under Bankr. Act 1898, § 4b, as one engaged principally in trading or mercantile pursuits, because authorized to engage in such pursuits by its charter, when it has never in fact been so engaged.-Ine Tontine Surety Co., D. N. Jer., 116 Fed. Rep. 401.

27. BANKRUPTCY-Transfer of Interest in Poliey.-The equitable assignment of interest in fire insurance policies as collateral security for a debt more than four months prior to the debtor's bankruptcy did not create an unlawful preference, although the policies were not actually delivered until within such time, and after loss had occurred.- McDonald v. Daskam, U. S. C. C. of App., 116 Fed. Rep. 276.

28. BANKRUPTCY-Unrecorded Chattel Mortgages.-Under the law of Georgia that recording is not essential to the validity of chattel mortgages, unrecorded chattel mortgages given to a bank to secure present loans, made by the bank in good faith and without knowledge of the borrower's insolvency, create valid liens, which will be recognized and enforced by a court of bankruptcy in administering the debtor's estate, In re Josephson, U. S. D. C., W. D. Ga., 116 Fed. Rep. 404. 29. BANKS AND BANKING-Lost Pass Book. The negligence of a depositor in a savings bank in losing his book does not excuse the officers of the bank from the exercise of reasonable care to prevent payment to an impostor.-Ladd v. Augusta Sav. Bank, Me., 52 Atl. Rep.

1012.

30. BANKS AND BANKING-Ownership of Deposit.-The fact that money is deposited in a bank to the individual credit of the depositor shows prima facie that it belonged to him, but not conclusively so.- Bessemer Sav. Bank v. Anderson, Ala., 32 So. Rep. 716.

31. BILLS AND NOTES-Accomodation Acceptor.-Payee of a draft held to have the right to treat the acceptor of a draft as principal, in the absence of notice that he was an accommodation acceptor. - In re Stevens, Vt., 52 Atl. Rep. 1034.

33. BILLS AND NOTES Sale of Patent Right. A note given for a patent right, but the consideration of which is not expressed on its face, is not void under the act of 1897.-Parr v. Erickson, Ga., 42 S. E. Rep. 240.

34. BROKERS - Commissions. - A real estate agent held not entitled to a commission for services voltarily rendered in procuring a tenant for vacant premises.-McVickar v. Roche, 77 N. Y. Supp. 501.

35. BROKERS-Commissions.-Where a broker agrees to sell property, and finds a purchaser whose offer is accepted by the owner, it will be presumed, in an action for commissions, that the purchaser is able to carry out

the contract, and the burden is on the seller to show the contrary.-Stauffer v. Linenthal, Ind., 64 N. E. Rep. 643 36. BUILDING AND LOAN ASSOCIATIONS-Insolvency. When a building association goes into the hands of a receiver, a borrower is released from the terms of his loan. and there must be an equitable adjustment between him and the association.-Hall v. Stowell, 77 N. Y. Supp. 953.

37. CARRIERS- Action by Consignor. - Consignor of goods not accepted by consignee held to have no right of action against the carrier.-Levy v. Weir, 77 N. Y. Supp. 917.

38. CARRIERS Agreement for Unloading. Notwithstanding stipulation in bill of lading that the shipper shall unload the stock, the carrier undertaking to do this without notice to the shipper is liable for negligence therein -Normile v. Oregon R. & Nav. Co., Oreg., 69 Pac. Rep. 928.

39. CARRIERS-Damages.-The measure of damages of a passenger who, buying a ticket to one point, is given one to a less distant point. where he is ejected, is not confined to the mere cost of transportation between the two points. Kansas City, M. & B. R. Co. v. Foster, Ala., 32 So⚫ Rep. 773.

40. CARRIERS-Intending Passengers Deterred. It is negligence for a railway company to allow a freight train to block the track to the depot of the company when a passenger train is due at the station, so that intending passengers cannot reach the depot in time to purchase tickets Mayne v. Chicago, R. I. & P. Ry. Co., Okla., 69 Pac. Rep. 933.

41. CARRIERS - Liability to Passengers.-A passenger who is carried within about two miles of his station held not entitled to recover exemplary damages, where no wilfulness or rudeness was shown.-Fort v. Southern Ry., S. Car.. 42 S. E. Rep. 196.

42. CARRIERS-Newsboys.-Where it has been the custom of a street car company to permit newsboys to board its cars to sell papers to passengers, it is not negligence to revoke such license and order such boys off the cars, when standing still or moving so slowly that they can get off with safety -Indianapolis St. Ry. Co. v. Hockett, Ind., 64 N. E. Rep. 633.

43. CARRIERS-Punitive Damages. - Punitive damages held recoverable for wilfulness or gross negligence of conductor in carrying passenger beyond her station.Birmingham Ry. Light & Power Co. v. Nolan, Ala., 32 So. Rep. 715.

44. CHARITIES-Wills.-A bequest to foreign and home missions carried on under the control of a certain church is in the nature of a trust which the courts will enforce.Bruere v. Cook, N. J., 52 Atl. Rep. 1001..

45. CHATTEL MORTGAGES-Bill of Sale.-That the purchaser of personalty expected that the seller would ultimately repurchase the property from him did not change the bill of sale into a mortgage.-Fisher v. Stout, 77 N. Y. Supp. 945.

46. CHATTEL MORTGAGES-Construction of Contract.-A contract for the sale of the output of a lumber mill for the season held to be an executory contract for the manufacture and sale of lumber, and not a chattel mortgage necessary to be filed for record under the Wisconsin statute.Stelling v. G. W. Jones Lumber Co., U. S. C. C. of App. 116 Fed. Rep. 261.

47. CHATTEL MORTGAGES-Sale by Mortgagor.-In trover by a mortgagee against a purchaser from the mortgagor, defendant may show a prior mortgage owned by another, and the consent of such other to the sale.-Beyer v. Fields, Ala., 32 So. Rep. 742.

48. COLLEGES AND UNIVERSITIES-Permanent Endowment Fund.-The permanent endowment fund created for the support of the State University is entitled to all the constitutional and statutory protection accorded the school fund.-Fisher v. Brower, Ind., 64 N. E. Rep. 614.

49. COMMERCE-License Tax.-An ordinance imposing a license tax on railroad held not to interfere with interstate commerce.-Nashville, C. & St. L, Ry. Co. v. Alabama City, Ala., 32 So. Rep. 731.

50. CONSTITUTIONAL LAW-Repair of Streets.-St., 1898, ch. 578, providing that street railroads shall not be required to repair any portion of the streets or highways, is not unconstitutional, as impairing contracts, in relieving the roads from such obligations imposed on them by a city in granting locations to them -City of Worcester v. Worcester Consol. St. Ry. Co., Mass., 64 N. E. Rep. 581.

51. CONTEMPT-Appeal.-An appeal may be taken by the state in proceedings for indirect contempt, under Burns' Rev. St., 1901, § 1915. State v. Rockwood, Ind., 64 N. E. Rep. 592.

52. CONTRACTS Action for Breach. A lessee of convicts, who has a right to sublet them, who employs another to procure a sublessee, held liable on performance of contract by such other.-Bush v. Matthew, Ga., 42 S. E. Rep. 240.

53. CONTRACTS - Restraint of Trade.-A covenant by an employee not to engage in, or become interested in, business carried on in competition with his employer during the term for which he was employed, held not valid as in restraint of trade. - Harrison v. Glucose Sugar Refining Co., U. S. C C. of App., Seventh Circuit, 116 Fed. Rep. 304. 54. CONVERSION- Proceeds of Real Estate. Proceeds of real estate inherited by an incompetent, and sold by his committee, are real estate in the hands of his administratrix. In re Reeve, 77 N. Y. Supp. 936.

55. CORPORATIONS-Foreign Judgment.-A creditor of a Kansas corporation, who has obtained a judgment against it in that state, may sue in another state a stockholder residing there, and enforce his liability under the laws of Kansas.--Pulsifer v. Greene, Me., 52 Atl. Rep. 921.

56. CORPORATIONS

Joint Adventure.-A corporation, though it cannot bind itself as a partner, may bind itself to share in the profits of contracts it is authorized to perform.-L. J. Mestier & Co. v. A. Chevalier Paving Co., La. 32 So. Rep. 520.

57. COSTS-On Appeal.-On appeal of three cases at law as one case, prevailing party may tax appeal costs for case and exceptions and argument in each case. — Baker v. Irvine, S. Car., 42 S. E. Rep. 194.

58. CRIMINAL EVIDENCE-Adultery.-Where a man and a woman were separately indicted for living in adultery, the conviction of the man would not be any evidence of the woman's guilt. — Campbell v. State, Ala., 32 So. Rep. 635. 59. CRIMINAL LAW Venire. That 12 of the special venire are engaged in consideration of another case is no ground for objection to going to trial. — Johnson v. State, Ala., 32 So. Rep. 724.

60. CRIMINAL TRIAL Homicide. In a capital case it is not required that there shall be an interposition of a plea before the special jurors are drawp. - Ferguson v. State, Ala., 32 So. Rep. 760.

61. CRIMINAL TRIAL-Impartial Trial.—Where, at a trial for rape, the prosecuting witness became much excited, and began upbraiding the defendant, and her husband took hold of a chair as if to strike him with it, and the crowd became much excited, moving toward where the defendant was sitting, held, the accused did not have the fair and impartial trial contemplated by law. - Collier v. State, Ga., 42 S. E. Rep. 226.

62. CRIMINAL TRIAL- Plea in Abatement. A special plea in abatement, alleging the pendency of another indictment for the same offense, is not good when it shows that a nolle prosequi had been entered to the other indictment.-Jones v. State, Ga., 42 S. E. Rep. 271.

63. DEATH-Presumption.-Small boy sent West in 1868, and not heard from since, presumed to be dead. — In re Barr's Estate, 77 N. Y. Supp. 935.

67. DEEDS — Construction. The word "heirs" as used in a limitation of real and personal property, construed to mean "children," as a limitation of personalty on indefinite failure of issue was void at common law.-Findley v. Hill, Ala., 32 So. Rep. 497.

68. DEPOSITIONS-Open Commission.-Plaintiff's claim that certain witnesses residing in another state were hostile held not sufficient ground to justify the granting of an open commission to examine them. Thalmann v. Importers' & Traders' Nat. Bank, 77 N. Y. Supp. 586.

69. DISORDERLY CONDUCT--Shooting a Slingshot.-The shooting of a slingshot in a city held not disorderly conduct. Kinney v. Town of Blackshear, Ga,, 42 S. E. Rep. 231.

70. DIVORCE - Alimony. A foreign decree in divorce, awarding alimony, held conclusive evidence of a debt due from defendant at time of rendition. McFadden v. McFadden, Ala., 32 So. Rep. 719.

71. DIVORCE - Marriage within Five Months. - Under Civ. Code, §§ 61, 91, where a woman within five months after obtaining a divorce in California was married in Nevada to a citizen thereof in accordance with its laws, the marriage was valid in California. In re Wood's Estate, Cal., 69 Pac. Rep. 900.

72. DOWER-Action to Recover. Where alienee has elected to pay widow interest on one-third of the value of the land, under Code, § 2278, she is entitled to have her dower assigned on his failure to pay the interest. - Dickenson v. Gray, Va., 42 S. E. Rep. 298.

73. EJECTMENT Parties. Where, on the death of the owner of land, one of his heirs denied possession to the other heirs, each of them was entitled to sue, and it was not material whether all of the excluded heirs joined.Butler v. Butler, Ala., 32 So. Rep. 579.

74. ELECTIONS - Illegal Voting. In an indictment for llegal voting at an annual town meeting for the choice of town officers, it is sufficient if the indictment alleges the meeting to be the annual meeting.-State v. Gilman, Me., 52 Atl. Rep. 920.

75. EMINENT DOMAIN Alteration of Street Grade.Abutting owner can recover for change of grade of street, though his buildings were not originally erected in accordance with the grade established by the engineer.Mauldin v. City Council of Greenville, S. Car., 42 S. E. Rep. 202.

76. EQUITY Defective Complaint. Where a bill was capable of amendment by striking out a defective disjunctive averment, a motion to dismiss it for want of equity was properly overruled. — Taylor v. Dwyer, Ala., 32 So. Rep. 509.

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77. EQUITY-Remedy at Law.-A. federal court of equity is not deprived of jurisdiction because complaint may be given, by the statutes of a state, a legal remedy in its courts which he does not have at the common law.-Peck v. Ayers & Lord Tiè Co., U. S. C. C. of App., Sixth Circuit, 116 Fed. Rep. 273.

78. ESTOPPEL-Action to Quiet Title.-Defendants, having introduced oral evidence of a judgment and payment thereof, were precluded from questioning collaterally the jurisdiction of the court rendering the judgment. Bevor v. Fields, Ala., 32 So. Rep. 742.

79. ESTOPPEL- Mortgage. Where, in an action to require a mortgage to be surrendered, defendant claims solely through plaintiff under the mortgage, plaintiff's in- * terest need not be proved. - Sheats v. Scott, Ala., 32 So. Rep. 573.

80. EVIDENCE - Car Inspectors.-Men without scientific knowledge or practical experience in moving cars, employed as car inspectors, do not thereby become qualified as experts in the matter of the causes which may operate

82. EVIDENCE

Depositor's Passbook. A passbook given to a depositor in a savings bank held admissible against the bank, and prima facie evidence that the bank is indebted for the balance shown therein. Atlanta Trust & Banking Co. v. Close, Ga., 42 S. E. Rep. 265. 83. EVIDENCE Duty of Telegraph Company. court will take judicial notice that it is the duty of a telegraph company to exercise care to prevent its wires from obstructing a public road.-Postal Tel. Cable Co. v. Jones, Ala., 32 So. Rep. 600.

The

84. EVIDENCE - Fires from Locomotives. — Opinion of experienced engineer that locomotive, properly equipped, should not emit sparks of a certain size, held admissible. -Louisville & N. R. Co. v. Marbury Lumber Co., Ala., 32 So. Rep. 745.

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85. EVIDENCE General Report of Death. A general report that one is dead, communicated to the party's family, is sufficient to render the testimony of such party admissible, as being of one deceased, though it is not offered de bene.-Welch v. New York, N. H. & H. R. Co., Mass,, 64 N. E. Rep. 695.

86. EVIDENCE- Genuineness of Signature -Where the genuineness of the signature to a note was disputed, a certain instrument signed with the name of the maker of the note held inadmissible for purposes of comparison.Hobart v. Verrault, 77 N. Y. Supp. 483.

87. EVIDENCE - Leak in Pipc.-Evidence in suit against a natural gas company for damages alleged to have been caused by a leak in defendant's main held competent in rebuttal.-Logansport & W. Val. Gas Co. v. Coate, Ind., 64 N. E. Rep. 638.

89. EXECUTORS AND ADMINISTRATORS-Claims Against Estate. In order to maintain an action on a rected claim against a decedent's estate, it is not necessary to set out therein the evidence upon which the claimant expects to recover.-Goltra v. Penland, Oreg., 69 Pac. Rep. 925.

90. EXECUTORS AND ADMINISTRATORS-Faithless Wife.Civ. Code, art. 3252, giving a widow left in necessitous circumstances a right to $1,000 from her husband's succession, does not apply to a faithless wife who has abandoned her husband. Richard v. Lazard, La, 42 So. Rep. 559.

91. EXECUTORS AND ADMINISTRATORS Fraud.-Complaint against an administrator held to state a cause of action, under Burns' Rev. St. 1901, § 2558, providing for the setting aside of a final settlement for fraud.-Kingan & Co. v. Hawley, Ind., 64 N. E. Rep. 620.

92. EXECUTORS AND ADMINISTRATORS-Validity of Sale. -A purchase by an administrator at his own sale renders the entire sale void at the instance of any one interested.— Moore v. Carey, Ga., 42 S. E. Rep. 258. 93. EXEMPTIONS Fraudulent Conveyance. — A plea of exemption was not available against a judgment creditor in tort seeking to have a transfer of property set aside as fraudulent.-Taylor v. Dwyer, Ala., 32 So. Rep. 509.

purchase certain land belonging to him, held void as within the statute of frauds.-Crafton v. Carmichael, Ind., 64 N. E. Rep. 627.

97. FRAUDS, STATUTE Sale of Land. - An oral agreement for the conveyance of land upon the repayment of a loan with interest, is an agreemenf for sale of land, within the statute of frauds. - Hurley v. Donovan, Mass., 64 N. E. Rep. 685.

98. FRAUDULENT CONVEYANCES - Knowledge of Vendee To avoid a sale by an insolvent in payment of a pre-existing debt, it must be shown that creditor participated in the fraudulent intent of the grantor.-Grainger v. Erwin, Neb., 91 N. W. Rep. 592.

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100. FRAUDULENT CONVEYANCES Value of Equity of Redemption. Where a debtor conveys to his wife property incumbered by valid mortgages, and the question is whether the equity was of any value, the standard of value is the value at a fair cash sale, not a forced sale.Berla v. Meisel, N. J., 52 Atl. Rep. 999.

101. GRAND JURY - Conduct of Prosecuting Attorney.That the prosecuting attorney and presiding judge advised the grand jury to find an indictment, or gave information concerning the law of the case, is not a proper subject for a plea in abatement.-Hall v. State, Ala., 32 So. Rep. 750.

102. HIGHWAYS-Cutting trees. Complaint of abutting ower for cutting trees in highway should allege plaintiff is the ower of the, fee of the highway and that the trees were on his side of it. Western Union Tel. Co. v. Krueger, Ind., 64 N. E. Rep. 635.

103. HIGHWAYS-Order Establishing.-On an appeal in the circuit court from an order establishing a highway, the case stands for trial as other causes; the petition and report of reviewers being considered the complaint, and the remonstrance as the answer.-Raab v. Roberts, Ind., 64 N. E. Rep. 618.

104. HOMICIDE-Evidence.-Where accused, on trial for murder, has been allowed to prove a declaration by the decedent that he did not know who shot him, he cannot complain at exclusion of evidence that decedent stated that, if he shot him, it was an accident.-Ogletree v. State, Ga., 42 S. E. Rep. 255.

105. HUSBAND AND WIFE-Claim for Rent.-Where husband and wife live together in her house, there is no implied agreement that he will pay rent.-Gardner v. Gardner, Ind., 64 N. E. Rep. 637.

106. HUSBAND AND WIFE-Mortgage of Wife's Property.Where a wife executed a mortgage of her property to secure her husband's debt, believing that the mortgage was on his property, she is not estopped to assert the invalidity of the mortgage.-Russell v. Peavy, Ala., 32 So. Rep. 492. 107. HUSBAND AND WIFE - Tenancy in Common. - A transfer of real estate by warranty deed to a man and wife conveys to each an undivided one-half interest in the fee simple.-Helvie v. Hoover, Okla., 69 Pac. Rep. 958.

108. INDICTMENT AND INFORMATION—“Alias."-Where. in an indictment, the name of accused is given, followed by "alias" and another name "alias" stands for "alias dictum," and indicates, not that the person referred to is called by both names, but that he is called by one or the other. Ferguson v. State, Ala., 32 So. Rep. 760.

109. INDICTMENT AND INFORMATION-Former Jeopardy. -Former jeopardy furnishes no ground for quashing an indictment, but should be specially pleaded, before the plea of not guilty.-Johnson v. State, Ala., 32 So. Rep. 724. 110. INJUNCTION-Gas Companies.-A gas company held not deprived of right, under Const. art. 11, § 19, to lay gas pipes in street, though purposing to supply gas for other purposes than light.-In re Johnston, Cal., 69 Pac. Rep.

973.

111. INJUNCTION-Parties.-An injunction against a corporation restraining it from disposing of its property is binding upon its officers and agents, and they are not necessary parties to a bill for such relief.-Sidway v. Missouri Land & Live Stock Co., U. S. C. C., S. D. Mo., 116 Fed. Rep. 381.

112. INJUNCTION-Ultra-Vires Municipal Act.-An injunction will not issue at the instance of a taxpayer to re. strain an ultra vires municipal act which can in nowise injuriously affect him.-Blanton v. Merry, Ga., 42 S. E Rep. 211.

113. INSANE PERSONS-Action Against.-An idiot from birth cannot be sued on contract for past maintenance.— Bicknell v. Spear, 77 N. Y. Supp. 920.

11. INSOLVENCY - Bankruptcy.-A petition in insolv ency being ineffective during the pendency of the United States bankrupt law, the appointment of an assignee under such proceedings is void.-Littlefield v. Gay, Me., 52 Atl. Rep. 925.

115. INSOLVENCY-Foreign Creditors.-A discharge in insolvency is void as against nonresident creditors who have not made themselves voluntary parties by proving claims, accepting dividends, or otherwise.-Swift v. Winchester, Me., 52 Atl. Rep. 1017.

117. INSURANCE-Waiver by Agent.-It is a reasonable provision in a policy that no agent of the company shall have power to waive a stipulation of warranty, unless indorsed thereon, or added thereto.-Liverpool & L. & G. Ins. Co. v. T. M. Richardson Lumber Co., Okla., 69 Pac. Rep. 938.

118. INTOXICATING LIQUORS-Public Nuisance.-A dispensary where intoxicating liquors are openly sold under color of lawful authority, though in violation of law, is not a "blind tiger," subject to be abated or enjoined under Act Dec. 19, 1899.-Cannon v. Merry, Ga., 42 S. E. Rep. 274.

119. JUDGMENT-Res Judicata.-A decree that an assessment for a certain year is illegal is not res judicata as to legality of assessment for another year, though all the circumstances are the same.-Gittings v. City of Baltimore, Md., 52 Atl. Rep. 937.

120. JUDICIAL SALES-En Masse.-Mills and machinery of great value having been sold en masse for a very inade. quate price, held, that a resale, so that they might be offered separately, was proper.-Ryan v. Wilson, N. J., 52 Atl. Rep. 993.

121. JURISDICTION - Ancillary Suit.-A bill in a federal court between citizens of the same state, of which the court has jurisdiction only by reason of its ancillary character, cannot be retained after the suit on which it is dependent has been dismissed.-Cabaniss v. Reco Min. Co., U. S. C. C. of App., 116 Fed. Rep. 318.

122. JURY-Juror on Defendant's Bail.-The court may on its own motion excuse from sitting on the jury a per son who is on defendant's bail for his appearance. Scott v. State, Ala., 32 So. Rep. 623.

123. JUSTICES OF THE PEACE- Pleadings. Where defendant before a justice fails to defend at the first term and loses his right so to do, plaintiff does not by contesting the merits at a subsequent term, waive the right on appeal to object to the filing in the superior court of an answer.-Hodges v. Rogers, Ga., 42 S. E. Rep. 251.