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laborer to work more than eight hours a day in erection of school building liable to penalty; People ex rel. Rodgers v. Coler, 166 N. Y. 32, 52 L. R. A. 827, footnote p. 814, 82 Am. St. Rep. 605, 59 N. E. 716 (dissenting opinion), majority denying power of legislature to fix compensation which city must pay for labor.

Cited in footnotes to Fiske v. People, 52 L. R. A. 291, which holds void, restriction of hours of labor on city contracts to eight hours per day; Cleveland v. Clements Bros. Constr. Co. 59 L. R. A. 775, which holds void, act limiting to eight hours a day work of laborers on public contract; Street v. Varney Electrical Supply Co. 61 L. R. A. 154, which denies power of legislature to compel city to pay more for common labor on public improvements than its worth in market; Re Ten-Hour-Law, 61 L. R. A. 612, which sustains limitation to ten hours a day of work of street railway employees.

47 L. R. A. 383, FARLEY v. LAVARY, 107 Ky. 523, 54 S. W. 840.

47 L. R. A. 385, LEWIS v. TAPMAN, 90 Md. 294, 45 Atl. 459.

Statute of frauds.

Disapproved in effect in Barge v. Haslam, 63 Neb. 300, 88 N. W. 516, holding inutual promises to marry to be within inhibition of provisions of statute of frauds.

47 L. R. A. 391, KELLER v. ST. LOUIS, 152 Mo. 596, 54 S. W. 438. Liability for support of child after divorce.

Cited in Meyers v. Meyers, 91 Mo. App. 155, holding that decree awarding minor children to wife, with no provision for support, gives father right to their earnings and binds him for their support. Child's right to sue when parent living.

Cited in Poor v. Watson, 92 Mo. App. 101, denying minor child's right of action for father's death by negligence, when mother survives.

47 L. R. A. 393, STATE, er rel. MCCAFFERY V. ALOE, 152 Mo. 466, 54 S. W.

494. Validity of law not admitted by demurrer.

Cited in State ex rel. Hawes v. Withrow, 154 Mo. 402, 55 S. W. 460, holding constitutionality of law not admitted by demurrer. Prohibition against illegal proceedings.

Cited in School Dist. No. 6 v. Burris, 84 Mo. App. 663, awarding writ of prohibition restraining board of arbitration from determining appeal in proceedings for formation of new school district before annual vote; State ex rel. Schonhorst 1. Cline, 85 Mo. App. 633, a warding writ prohibiting entry of judgrrent upon verdict illegally directed by justice of the peace; Arnold v. Henry, 155 Mo. 53, 78 Am. St. Rep. 556, 55 S. W. 1089, granting writ of prohibition to prevent circuit ccurt from issuing injunction to determine election commissioner's title to oflice; State ex rel. Folk v. Talty, 166 Mo. 555, 66 S. W. 361, granting writ against circuit court's enforcing order that circuit attorney exhibit information requiring member of house of delegates to show his right to office; People er rel. Alexander v. District Court, 29 Colo. 189, 68 Pac. 242, granting prohibition ag inst



[47 L. R. A.

district court proceeding to enjoin assessment for taxation of certain property by state board of assessors; People ex rel. Hinckley v. District Court, 29 Colo. 282, 93 Am. St. Rep. 61, 68 Pac. 224, granting writ against district court proceeding to enjoin' board of county commissioners from recognizing and seating new member holding certificate of election.

Cited in note (51 L. R. A. 46, 60, 107, 109) on superintending control and si:pervisory jurisdiction of superior over inferior or subordinate tribunal. Injunction to protect political rights and property.

Followed in State er rel. Hawes v. Withrow, 154 Mo. 403, 55 S. W. 460, deny. ing court of chancery's jurisdiction to test police commissioner's right to office on ground of illegality of law under which appointed; State ex rel. McCaffery v. Eggers, 152 Mo. 486, 54 S. W. 498, denying jurisdiction to grant injunction against appointee's taking office, upon mere allegation of unconstitutionality of law under which he was appointed; State ex rel. Kena more v. Wood, 155 Mo. 445. 48 L. R. A. 599, 56 S. W. 474, holding that injunction against enforcement of statute requiring inspection of beer will not be granted on ground of unconsti: tutionality of such statute; Schubach v. McDonald, 179 Mo. 186, 65 L. R. A. 143, 101 Am. St. Rep. 452, 78 S. W. 1020, sustaining equity jurisdiction to enjoin ticket brokers from disposing of tickets which they have purchased with notice of their nontransferability.

Cited in footnote to Weaver v. Toney, 50 L. R. A. 105, which denies right to enforce in equity right to have inspector of certain party at polls. Class legislation.

Cited in State v. Cantwell, 179 Mo. 261, 78 S. W. 569, sustaining statutory prohibition against working of miners more than eight hours a day; Er parte Loving, 178 Mo. 203, 77 S. W. 508, sustaining act to regulate treatment of neg. lected and delinquent children in certain counties. Restrictions as to remedies.

Cited in State ex rel. Hamilton v. Guinotte, 156 Mo. 528, 50 L. R. A. 795, 57 S. W. 281, holding existence of remedy by appeal not sufficient to bar certiorari to review order revoking letters of administration.

47 L. R. A. 400, NOYES v. ROSS, 23 Mont. 425, 75 Am. St. Rep. 543, 59 Pae.

367. Chattel mortgage giving mortgagor power of sale.

Distinguished in Stevens v. Curran, 28 Mont. 372, 72 Pac. 753, declaring chattel mortgage void which permits mortgagor to retain possession and sell goods, with no provision for accounting to mortgagee. Payment of partner's individual debts.

Cited in footnote to Kincaid v. National Wall Paper Co. 54 L. R. A. 412, which sustains right of partners to appropriate with other partners' consent, interest in firm to pay individual, in preference to firm, debts.

47 L. R. A. 409, BROWN v. SOUTHERN P. CO. 36 Or. 128. 78 Am. St. Red.

761, 58 Pac. 1104.




47 L R. A. 413, FIRST NAT. BANK v. MCGUIRE, 12 S. D. 226, 76 Am. St. Rep.

598, 80 N. W. 1074. Disqualification of judge.

Followed without discussion in First Nat. Bank v. Keenan, 12 S. D. 241, 80 N. W. 1135.

Cited in Re Taber, 13 S. D. 71, 82 N. W. 398, holding acts of judge in admin. istration proceedings in which son is attorney, employed on contingent fee, void. able; First Nat. Bank v. McCarthy, 13 S. D. 365, 83 N. W. 423, holding judge disqualified to try action to foreclose mortgage by bank in which ‘his wife is stockholder; State ex rel. Bullion & Exchange Bank v. Mack, 26 Nev. 442, 69 Pac. 862, holding judge who is stockholder in corporation disqualified to pass on claim against insolvent estate.

Cited in footnote to State ex rel. Perez v. Wall, 49 L. R. A. 548, which holds judge disqualified in suit by sister of father-in-law.

47 L. R. A. 416, SMITH v. JACKSON, 103 Tenn. 673, 54 S. W. 981. Who are engaged in interstate commerce.

Cited in footnotes to Williams v. Fears, 50 L. R. A. 685, which sustains license tax on emigrant agent; Racine Iron Co. v. McCommons, 51 L. R. A. 134, which holds traveling agent taking orders and distributing contents of original package among customers not engaged in interstate commerce; Croy v. Epperson, 51 L. R. A. 254, which holds one taking orders in own name for articles manufactured in other state, and delivering separate articles to customers, not engaged in in. terstate commerce; French v. State, 52 L. R. A. 160, which holds agent of nonresident company selling organ taken with him, or taking orders for others to be delivered by him, engaged in interstate commerce; State v. Willingham, 52 L. R. A. 198, which holds interstate commerce, delivery of portraits and frames by agent previously taking order for nonresident manufacturer.

47 L. R. A. 417, GALUSHA V. SHERMAN, 105 Wis. 263, 81 N. W. 495. What constitutes duress.

Cited in Rochester Mach Tool Works v. Weiss, 108 Wis. 547, 84 N. W. 866, holding court warranted in taking issue of duress from jury, where account stated signed under charge of grand larceny and threat of prosecution; Batavian Bank v. North, 114 Wis. 646, 90 N. W. 1016, holding communication of intention to sue in case of failure to effect settlement, not constitute duress. Recovery of money paid under duress.

Cited in footnote to First Nat. Bank v. Sargent, 59 L. R. A. 296, which sustains right to recover back money paid under duress. Transfer without consideration.

Cited in First Vat. Bank v. Henry, 156 Ind, 11, 58 N. E. 1057, holding transfer before maturity of note and mortgage to secure advances, without consideration..

47 L. R. A. 427, HOFFMAN v. MAFFIOLI, 104 Wis. 630, 80 N. W. 1032. Indefiniteness and lack of mutuality as affecting contracts.

Cited in Teipel v. Meyer, 106 Wis. 43, 81 N. W. 982, holding not enforceable, tract to sell beer of certain brands which party should order; Brittingham & H.




(47 L. R. A.

Lumber ('o. v. Manson, 108 Wis. 230, 84 N. W. 183, holding contract for timber to be cut, logged, and removed from certain tract, estimated of certain quality, sufficiently definite; Woodward v. Smith, 109 Wis. 610, 85 N. W. 424, holding contract with drillers to drill till flowing well obtained or ordered to quit, at fixed price per foot, not void for lack of mutuality; Burgess Sulphite Fibre Co. v. Broomfield, 180 Mass. 287, 62 N. E. 367, holding that agreement to buy all iron one may desire to sell, both cast and wrought, constitutes binding contract; Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co. 57 L. R. A. 699, footnote p. 696, 52 C.: C. A. 29, 114 Fed. 81, holding accepted offer to deliver at specified prices during specified period, articles in such quantities as acceptor may desire, void; Excelsior Wrapper Co. v. Messinger, 116 Wis. 555, 93 N. W. 459, holding contract to furnish "what roll rag paper (same as has been furnished during last twelve months)" at certain price, F. (. B. and certain place during specified time, to be taken as ordered, not void for lack of mutuality; Higbie v. Rust, 112 III. App. 221, holding contract to buy what jelly pails party may want, void for lack of mutuality, although price fixed.

('ited in footnotes to Hickey v. O'Brien, 49 L. R. A. 594, which sustains contract by sellers of ice to purchase all ice necessary to carry on business for five years; Loudenback Fertilizer Co. v. Tennessee Phosphate Co. 61 L. R. A. 402, which sustains contract for purchase of entire consumption for term of years of phosphate rock in manufacturing fertilizer, estimated at specified amount, with right to demand double of such estimate.

47 L. R. A. 433, FIELD v. SIEGEL, 99 Wis. 605, 75 N. W. 397. Actionable fraud.

Cited in Hubbard v. McLean, 115 Wis. 16, 90 N. W. 1077, holding attorney liable for false representation as to legal effect of execution of notes and mortgage. Fraud as defense.

Cited in Milwaukee Brick & Cement Co. v. Schoknecht, 108 Wis. 465, 84 N. W. 838, holding statement of corporation's intention to build plants, made to induce subscription to stock, no defense to action on subscription contract. Remedies of creditor.

Cited in footnote to Bigby v. Warnock, 57 L. R. A. 754, which holds wife personally liable to husband's creditor for amount of loan to her, secured by property fraudulently conveyed to her by her husband.

47 L. R. A. 441, ADAMS v. BELOIT, 105 Wis. 363, 81 N. W. 869. Adoption of general statute by amendment to charter.

Cited in State ex rel. Boycott v. La Crosse, 107 Wis. 658, 84 N. W. 242 (distinguished in dissenting opinion), holding amendment of city charter by adopting portion of general charter law and omitting material portions relating to street improvement, fatal; Oshkosh Waterworks ('0. v. Oshkosh, 109 Wis. 227, 95 Am. St. Rep. 870, 85 N. W. 376, holding amendment of city charter providing no claim shall be sued before disallowance by council does not impair contract by changing remedy; Davey v. Janesville, 111 Wis. 635, 87 N. W. 813, holding court bound to notice provision as to amendment of city charter by adoption of general laws by ordinance.

Validity of special legislation.

Cited in Wagner v. Milwaukee County, 112 Wis. 607, 88 N. W. 577, holding act authorizing issue of bond's to construct viaducts void because only one county has sufficient assessed valuation to raise necessary sum; Battles v. Doll, 113 Wis. 361, 89 N. W. 187, holding act authorizing taxation by counties to aid towns in building bridges not invalid because exempting municipal corporations maintaining its own bridges. Assessment for local improvements.

Cited in footnote to Re Orkney Street, 48 L. R. A. 274, which denies right to assess property abutting on cul de sac for extension converting same into open street.

47 L. R. A. 450, UNITED FIREMEN'S INS. CO. v. THOMAS, 27 C. C. A. 42,

34 C. C. A. 240, 53 U. S. App. 517, 82 Fed. 406, 92 Fed. 127. Agent's authority to bind company.

Cited in Modern Woodmen v. Tevis, 54 C. C. A. 297, 117 Fed. 373, holding beneficial association not bound by agent's failure to require delinquent members to furnish warranty of good health, according to by-laws, nor by his extending time for payments.

What constitutes walver.

Cited in Rice v. Fidelity & D. Co. 43 C. C. A. 278, 103 Fed. 435, holding receipt by obligor in bond, of check signed by agent of obligees without countersig. nature of bookkeeper, insufficient to prove obligor's waiver of right to enforce contract requiring bookkeeper's signature; Burnham v. Interstate Casualty Co. 117 Mich. 153, 75 N. W. 445 (dissenting opinion), majority holding company waived breach of warranty in policy by furnishing blanks for proofs of death, without disclosing defense and permitting beneficiary to incur expense in preparing report.

Proof of waiver.

Ci in Liverpool, L. & G. Ins. Co. v. T. M. Richardson Lumber Co. 11 Okla. 624, 69 Pac. 938, holding that insured must show company's ratification of agent's waiver of clear space clause in policy covering lumber; Northern Assur. Co. v. Grand View Bldg. Asso. 183 U. S. 340, 46 L. ed. 227, 22 Sup. Ct. Rep. 133, Reversing 41 C. C. A. 212, 101 Fed. 82, holding that agent's authority from company to waive forfeiture for other insurance must be shown to recover on policy. Agent for insurer or insured.

Cited in Mannheim Ins. Co. v. Hollander, 112 Fed. 551, holding insurance brokers agents of company as to collection of premiums, and of assured as to issuance of policy.

47 L. R. A. 459, ROBERTSON v. BLAINE COUNTY, 32 C. C. A. 512, 61 U. S.

App. 242, 90 Fed. 63.
County's right to plead statute of limitations.

Cited in Greer County v. Clarke & Courts, 12 Okla. 217, 70 Pac. 206, holding that county cannot plead statute of limitations to action to enforce obligation payable for particular fund, without first showing such fund has been provided.

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