self; it is not the right of the suitor.-Ires v. Grand Trunk Rwy, U. S. C. C. (Mich.), June 25, 1887; 35 Fed. Rep. 176. 33. CONSTITUTIONAL LAW-Reputation Evidence.The bad character of a place may be given in evidence in a prosecution relating to it, and the reception of evidence of its reputation is not in conflict with that possession of the constitution of Rhode Island, which requires that a party accused for crime shall be confronted with the witnesses against him. State v. Waldron, S. C. R. I., April 14, 1888; 14 Atl. Rep. 847. 34. COST-Remedy.- -One who is sued before a trial justice whose commission had expired may maintain an action to recover his costs.- Wentworth v. Wyman, S. J. C. Me., July 25, 1888; 15 Atl. Rep. 33.

A

45. CRIMINAL LAW - Homicide - Defense of Property. Where defendant was in a field with his plow and oxen, and a peace-officer without exhibiting any war. rant approached him with three others to take posses sion of his plow and oxen, and defendant killed the officer without resorting to all other means to prevent the seizure, the question whether defendant's passions were so excited as to reduce the killing to.manslaughter should be submitted to the jury, under Texas law, although no such instruction is requested. -Ledbetter v. State, Tex. Ct. App., June 27, 1888; 9 S. W. Rep. 60. Threats. 46. CRIMINAL LAW-Homicide · At the trial of a husband for the murder of his wife, the previous threats of the husband and difficulties between the parties may be given in evidence.—Howard v. State, Tex. Ct. App., June 20, 1888; 8 S. W. Rep. 929.

37. CRIMINAL LAW- Admission Evidence. Admissions by a defendant which tend only to show his participation in the offense are not confessions, and it is error in the court to describe them as such in instructions to the jury. Covington v. State, S. C. Ga., Oct. 14, 1887; 7 S. E. Rep. 153.

38. CRIMINAL LAW-Appeal-Discha:ge of Sureties.When the county court dismisses an appeal from a conviction before a justice because of the insufficiency of the appeal bond and remands the defendant to the custody of the sheriff until the fine is paid, the sureties on the bond are discharged. - Childers v. State, Tex. Ct. App., June 16, 1888; 8 S. W. Rep. 928.

Under California law, a petition for a writ of mandamus to have settled a bill of exceptions is insufficient, when it fails to show that the bill of exceptions was presented to the judge upon the required notice to the district attorney, and fails to state when the bill was presented to the judge or delivered to the clerk.Ansclag v. Superior Court, S. C. Cal., June 9, 1888; 18 Pac. Rep. 676.

41. CRIMINAL LAW-Bribery- Indictment. — An indictment for attempting to bribe an officer to make an appointment to office need not aver that the defendant was eligible thereto.-State v. Graham, S. C. Mo., June 18, 1888; 8 S. W. Rep. 911.

42. CRIMINAL LAW Continuance. On a trial for theft it is error to refuse a continuance when on affidavit it is claimed, that two absent witnesses named could state, that when defendant took possession of the cow he claimed that he purchased it from A. Eads v. State, Tex, Ct. App., June 29, 1888; 9 S. W. Rep. 63.

43. CRIMINAL LAW-Continuance-Absent Witness.It is error to deny a continuance in a case of perjury on account of the absence of a witness, who would confirm defendant's statement, due dilligence being shown. Maines v. State, Tex. Ct. App., June 27, 1888; 9 S. W. Rep. 51.

48. CRIMINAL LAW-Judgment- Former Jeopardy.— Two defendants were tried jointly and a joint fine was assessed against them, but separate judgments are entered. Defendants moved to correct the judgment. The court set it aside and awarded a new trial: Held, that the plea of the former jeopardy was waived. -Sterling v. State, Tex. Ct. App., June 23, 1888; 9 S. W. Rep. 45. 49. CRIMINAL LAW Judgment Joint Fine. A valid judgment cannot be entered on a verdict assessing a joint penalty against the joint defendants, though indicted and tried together. Cunningham v. State, Tex. Ct. App., June 30, 1888; 9 S. W. Rep. 62.

50. CRIMINAL LAW-Jury. According to repeated rulings of this court, while juries and judges of the law as well as of the facts, in criminal cases, they accept the law as laid down and expounded to them by the presiding judge. Hunt v. State, S. C. Ga., April 20, 1888; 7 8. E. Rep. 142. 51. CRIMINAL LAW-Justice of the Peace- Jurisdiction - Statute. Construction of Connecticut statutes relative to the jurisdiction of justices of the peace in criminal proceedings, and procedure prescribed for transferring cases from justices's courts to the higher criminal courts. State v. Watson, S. C. Err. Conn., Dec. 23, 1887; 14 Atl. Rep. 797.

52. CRIMINAL LAW- Larceny - Evidence. Where the evidence shows the contemporaneous disappearance of the defendant and certain horses, and that defendant had the horses in his possession and was trying to sell them when arrested, a conviction will be sustained, though defendant committed the crime in company with another, and was of weak mind and easily influenced. Gentry v. State, Tex. Ct. App., June 13, 1888; 8 S. W. Rep. 925.

55. CRIMINAL LAW-Larceny-Verdict. that defendant is guilty of the offense of fraudulently taking coal described in the indictment, does not find the defendant guilty of theft, under Texas law.-Johnston v. State, Tex. Ct. App., June 23, 1888; 9 S. W. Rep. 48. 56. CRIMINAL LAW-Murder-Insanity.- Where, in a murder case, the defendant relies on the defense of insanity, the burden is on him to establish such defense

Rather v. State, Tex.

by a preponderance of evidence.
Ct. App., June 13, 1888; 9 S. W. Rep. 69.

57. CRIMINAL LAW-Perjury-Information. An information for perjury, charging that defendant was duly sworn in a certain case then and there at issue, towit, the case of People v. Martine, and setting out defendant's testimony therein, with an averment of its materiality, sufficiently sets forth the substance of the controversy in respect to which the offense was committed. People v. Ah Bean, S. C. Cal., June 23, 1888; 18

Pac. Rep. 815.

58. CRIMINAL LAW

Review Exclusion of Evidence.

The exclusion of evidence will not be reviewed unless the bill of exceptions shows that appellant expected to prove the fact, evidence of which was excluded. Cooksie v. Stute, Tex. Ct. App., June 29, 1888; 9 S. W. Rep. 58.

Testimony

59. CRIMINAL LAW-Time- Evidence. that a crime was committed in 1884 is sufficient proof that it was committed in 1884. - Wolfe v. State, Tex. Ct. App., June 23, 1888; 9 S. W. Rep. 44. 60. CRIMINAL LAW-Trial-Indictment - Statute. That a trial was had upon a new accusation and not upon an indictment, found by a grand jury is a matter for direct exception and not for a motion for a new trial. — Gardner v. State, S. C. Ga., April 18, 1888; 7 S. E. Rep. 144. 61. DAMAGES-Penalties.- Rule in respect to liquidated damages as distinguished from penalties, stated.Fasler v. Beard, S. C. Minn., June 23, 1888; 38 N. W. Rep. 755. 62. DIVORCE Alimony Practice. In a divorce suit a decree for alimony prescribing a certain sum per week to be made should provide that either party may apply for a change of the terms, amount and mode of payment.-Beck v. Beck, N. J. Ct. Err. & App., November Term, 1887; 14 Atl. Rep. 812.

65. EJECTMENT-Former Recovery.-It is no defense to an action of ejectment, that plaintiff obtained a judgment therefor in ejectment several years before, when that judgment was not obeyed and the rents and profits claimed are for different periods. Southern P. R. R. v. Pursell, S. C. Cal., June 28, 1888; 18 Pac. Rep. 886. 66. EJECTMENT-Patent - Conditions. Where in ejectment plaintiff shows a patent from the United States issued in pursuance of a legislative grant, it is not necessary to show that the preliminary conditions have been fulfilled. Southern P. R. R. v. Pursell, S. C. Cal., June 28, 1888; 18 Pac. Rep. 886.

71. EQUITY-Deed-Rescission Contract Executed Contract.- -Where a married woman made a convey. ance of land for the payment of a debt, due by her insolvent husband and to seeure the good offices of the grantee to procure the release of her husband from a criminal charge: Held, that as the contract was executed equity would not set aside the deed, although part of the consideration procuring the discharge from criminal proceedings was illegal. Booker v. Wingo, S. C. 8. Car., July 5, 1888; 7 S. E. Rep. 49.

72. EQUITY-Mistake Reformation of Deed. By mistake a deed failed to convey a strip of land twentysix inches wide on one side of the tract but conveyed a similar strip of land on the other side: Held, that at the request of the grantee equity could correct the mistake. Critchfield v. Kline, S. C. Kan., July 7, 1888; 18 Pac. Rep.

898.

73. EQUITY-Verdict-Setting Aside - Evidence.—A court of equity will not set aside a verdict at law on the ground of newly-discovered evidence unless that evidence is decisive of the controversy, and due diligence to discover it had been used before the trial at law. Robinson v. Veal, S. C. Ga., Nov. 29, 1887; 7 S. E. Rep. 159. 74. EVIDENCE-Documents.- -In an action against a defendant for mismanagement by him of plaintiff's business, it is competent for the plaintiff to produce in evidence the books kept by the defendant while acting as plaintiff's agent. · Bugbee v. Allen, S. C. Err. Conn., Feb. 13, 1888; 14 Atl. Rep. 778.

-

75. EVIDENCE-Negro-Testimony-Weight. While race distinctions involving moral stamina and intelligence may be considered, yet care should be taken to avoid exaggeration into a mere aversion for the witnesses' testimony on account of his race. — The General Rucker, U. S. D. C. (Tenn.), March 31, 1888; 35 Fed. Rep. 152. 76. EXECUTION-Bond-Evidence.- Circumstances stated under which the answers of a constable with reference to claim papers as to property levied on by him was sustained. Smith v. Hightower, S. C. Ga., April 23, 1888; 7 S. E. Rep. 165.

78. EXECUTION-Relief- Practice. Where no evidence is submitted against an affidavit of the illegality of an execution, the case should not be submitted to a jury, but decided by the court as a matter of law. Sprinz v. Heyman, S. C. Ga., May 28, 1888; 7 8. E. Rep. 177. 79. EXECUTION - Sale Presumption. Where a sheriff is required on sale under execution to have a transcript of the judgment, it will be presumed he had it when the sale has been confirmed. Clausen v. Whitney, S. C. Minn., June 26, 1888; 38 N. W. Rep. 759. 80. EXECUTOR-Sale-Jurisdiction- Statute. —— Under the code of Virginia an executor in whom is not vested powers over the real estate cannot maintain a bill to compel creditors to seek payment out of the real estate by a sale under the orders of the court, nor can he combine with the widow and heirs to effect that

purpose.- Peirce v. Graham, S. C. App. Va., Aug. 16. 1888; 7 S. E. Rep. 189.

81. EXECUTORS AND ADMINISTRATORS - Appeal. Pending an appeal from a decree of the probate court granting letters testamentary, the executor having given bond may exercise all the powers appertaining to his office as executor. An administrator with the will annexed may prosecute an action of ejectment to recover lands belonging to the estate. Scott v. Monks, S.

C. R. I., May 17, 1888; 14 Atl. Rep. 860.

82. EXECUTOR AND ADMINISTRATOR- Bond - Sureties. Where an executor bought land of his testators estate and gave bond with security for the purchase money but failed to pay, and his sureties on his bond as executor were compelled to pay: Held, that they were entitled to an action for compensation against the sureties on the purchase money bond.— Hanley's Admr. v. Henritze's Admr., S. C. App, Va., Aug. 2, 1888; 7 S. E Rep. 204.

83. EXECUTOR AND ADMINISTRATOR- Judgment-Statute. — The statute of Virginia which make a judg ment against the personal representatives of a decedent evidence against the heirs, applies only to judgments rendered since the passage of that act. Staples, etc. v. Staples, S. C. App., Va., July 26, 1888; 7 S. E. Rep. 199.

Under Texas

86. FINES-Commissioners' Courts. law, commissioners' courts can grant a right to establish a ferry across the Rio Grande river, and such franchise extends to the middle of the river. Tugwell v. Eagle P. F. Co., S. C. Tex. June 19, 1888; 9 S. W. Rep. 120. 87. FRAUDS-Statute of-Mines-Agreement to Convey. Plaintiff agreed to locate a mine with A which was located in A's name with plaintiff as a witness: Held, that the statute of frauds does not apply in a suit to compel A to convey a half interest therein to plaintiff. - Monitz v. Lavelle, S. C. Cal., June 20, 1888; 18 Pac. Rep. 803.

88. GAMING-Statute-Nuisance. The statute laws of West Virginia prohibiting gaming are intended to prevent gaming from becoming a nuisance, not to supress it as a vice per se. - State v. Brast, S. C. App., W. Va., June 27, 188; 7 S. E. Rep. 11.

89. GUARDIAN AND WARD - Bond Breach. It is not necessary in order to sustain a stay, in Iowa on a guardian's bond that the court under which he is acting should have made any orders concerning him.Robb v. Perry, U. S. C. C. (Iowa), May 29, 1888; 35 Fed. Rep. 102.

90. HABEAS CORPUS-Defective Indictment. Where a prisoner is held under a defective indictment, he should not be discharged on habeas corpus, if enough ap. pears to show he could be detained. Ex parte Kitchen, 8. C. Nev., July, 1885; 18 Pac. Rep. 886.

with his family, and he need not so designate it. A material crop grown thereon, but not severed from the land, is exempt from execution.-Coates v. Caldwell, 8. O. Tex., May 29, 1888; 8 S. W. Rep. 922.

94. HOMESTEAD Widow. A homestead of less value than $5,000, when selected, will, as against the husban's heirs, vest absolutely in the wife at his death, though it is then worth more than $5,000, under Callfornia law. In re Burdick's Estate, S. C. Cal., June 21, 1888; 18 Pac. Rep. 805.

95. HUSBAND AND WIFE - Conveyance Between. In 1861 A conveyed land directly to his wife to her sole use. In 1874 she reconveyed to him: Held, that the first deed in equity vested a separate estate in her, which the latter deed conveyed to him. Turner v. Shaw, S. C. Mo., June 18, 1888; 8 S. W. Rep. 897.

Recital.

96. HUSBAND AND WIFE-Estoppel- Statute -Where, in a promissory note given by husband and wife before the act of 1877, it is recited that the note was given for money borrowed for the wife's estate for the payment of the same: Held, that such recital does not estop her from showing that the money was really borrowed and used by her husband.-Kilbourn v. Brown, S. C. Err. Conn., Dec. 23, 1887; 14 Atl. Rep. 784.

97. HUSBAND AND WIFE-Statute-Contract. Under the statute law of Connecticut, regulating the property relations of husband and wife, a wife may contract with her husband, buy from, or sell to him, and may recover of the commissioners of his insolvent estate her share of money loaned to him by her.- Appeal of Spitz, S. C. Err. Conn., Dec. 30, 1887; 14 Atl. Rep. 776.

98. HUSBAND AND WIFE-Wife's Acknowledgment.— Under California law, a statement in the certificate of wife acknowledgment that the notary made the acquainted with the contents o fthe instrment, is sufficient, although the deed states that it is subject to conditions contained in another instrument, not signed by her, and not then executed, the contents whereof were unknown to the notary. Bull v. Coe, S. C. Cal., June 25, 1888; 18 Pac. Rep. 808.

99. INJUNCTION- Dissolution. An injunction will be dissolved when the allegations upon which it is granted are denied in the answer, and not sustained by proof.-Spencer v. Jones, S. C. App., Va., July 19, 1888; 7 8. E. Rep. 180.

An in

100. INJUNCTION-Granting Judge- Urgency. - - Only on great urgency will an order of injunction be changed, except by the same judge who granted it. Klien v. Fleetwood, U. S. C. C. (Colo.), May 9, 1888; 35 Fed. Rep. 98. 101. INJUNCTION- Multiplicity of Actions. junction will be issued when it is necessary to avoid a multiplicity of actions although the parties are solvent. -Mayer v. Coley, S. C. Ga., March 3, 1888; 7 S. E. Rep. 164. 102. INSOLVENCY LAWS Construction - Judgment Surety.- -Construction of insolvency laws of Maine, the discharge of a surety under such laws and its effect upon a judgment rendered in favor of a cosurety. Danforth v. Robinson, S. J. C. Me., July 27, 1888; 15 Atl. Rep. 27.

103. INSURANCE-Foreign Companies-Deposit - State Treasurer Statute. Construction of Connecticut statutes relative to foreign insurance companies, and those relating to the power of State companies to make a deposit with the State treasurer to answer the requirements of other States in which such companies transact business. Cooke v. Warner, S. C. Err. Conn., April 9, 1888; 14 Atl. Rep. 798.

104. INSURANCE-Policy-Description.- A policy of insurance on a livery stable and its contents, carriages, etc., does not cover a hack that was an eighth of a mile distant from the stable in a repair shop. Bradbury v. Fire, etc. Co., S. J. C. Me., June 12, 1888; 15 Atl. Rep. 34. 105. INTEREST-Note-Maturity.- Where a promissory note contains an agreement to pay interest in excess of the legal note, such excess will determine at the maturity of the note, unless otherwise provided. Sherwood v. Moore, U. S. C. C. (Ga.), Feb. 25, 1888; 35 Fed. Rep. 109.

106. INTOXICATING LIQUOR - Local Option - Adoption of Law. —An order of the commissioner's court declaring an adoption of the local option law, which through manifest error shows less than a majority of the votes therefor, when by other parts of the order it is manifest that a majority of the votes were cast tberefor, is not invalidated thereby.- Ex parte Burrage, Tex. Ct. App., June 29, 1888; 9 S. W. Rep. 72.

107. INTOXICATING LIQUORS · Local Option - Amendment.- -Where a party is tried for violating the local option law in a county, which adopted it prior to the amending act of 1887, it is error to charge the penalties prescribed by that act, though the offense was committed, and the trial had, after the passage of the amendatory act. Robinson v. State, Tex. Ct. App., June 29, 1888; 9 S. W. Rep. 61.

108. INTOXICATING LIQUORS- Saloons - Closing. Construction of Connecticut statutes relative to intoxicating liquors and the hours required by law for saloons to be closed.— State v. Hellmars, S. C. Err. Conn., Dec. 30, 1887; 14 Atl. Rep. 806.

109. JUDGE-Special-Powers. -A special judge, appointed to try a case owing to the disqualification of the judge, may try a subsequent action to vacate the judgment and to enjoin an execution thereon.-Harris v. Musgrave, S. C. Tex., June 12, 1888; 9 S. W. Rep. 90.

110. JUDGMENT- Default - Production of Paper. In order that a judgment by default shall be rendered because of the non-production of papers under the statute of the State, there must have been previously a peremptory order of the court to produce those papers. Parish v. Weed, etc. Co., 8. C. Ga., Nov. 3, 1887; 7 S. E. Rep. 138.

111. JUDGMENT-Process-Return.- Judgment will not be entered upon default, where upon inspection of the record it appears by the officer's return that service was had thirteen days before the return day instead of fourteen as required by the statute.-Dow v. Murch, S. J. C. Me., June 12, 1888; 15 Atl. Rep. 26. 112. JUDGMENT Res Adjudicata An estoppel by verdict occurs where each of two causes of action, though not identical, yet include some identical fact or circumstance that has pressed into verdict and judgment.- United States v. Schneider, U. S. C. C. (Oreg.), June 4, 1888; 35 Fed. Rep. 107.

Verdict.

Under Ken

113. JUDGMENT-Vacation-Infancy. tucky law, an infant is not required to wait till her majority before bringing an action to annul a judg ment affecting her rights.-Park v. Bolinger, Ky. Ct. App., May 31, 1888; 8 S. W. Rep. 914.

114. JURISDICTION-Federal Courts-Amount. The United States circuit courts have no jurisdiction of an action for the recovery of money or property wherein the United States are plaintiffs, under the act of March 3, 1875, unless the amount in controversy, exclusive of costs, exceeds the sum of $500.- United States v. Huffmas ter, U. S. C. C. (Cal.), May 21, 1888; 35 Fed. Rep. 81.

115. JURISDICTION-U. S. Circuit Courts- Amount.Under the act of March 3, 1887, the United States circuit courts have no jurisdiction of an action to recover money or property wherein the United States are plaintiffs, unless the amount in controversy exceeds $2,000 exclusive of costs. - United States v. Huffmaster, U. S. C. C. (Cal.), May 21, 1888; 35 Fed. Rep. 83.

When

117. JURY-Discharge of Juror-Discretion.after a juror has been sworn in a criminal case he becomes unable from any cause to discharge his duties as a juror, the court may in its discretion substitute another juror and proceed with the trial de novo.- State v. Davis, S. C. App., W. Va., June 30, 1888; 7 S. E. Rep. 24. 118. LANDLORD AND TENANT Evidence Deceased Person. It is error to exclude testimony tending to show that defendant's wife rented the land in contro

On a trial for larceny the court should not instruct the jury that they should not convict on the uncorroborated testimony of an accomplice, in a case in which no such evidence has been introduced or offered. -State v. Lee, S. C. S. Car., July 2, 1888; 7 S. E. Rep. 44. 120. LIMITATIONS - Exceptions - Absence. Mere absence from the State on business or pleasure, does not have the effect of extending the statutory limit for bringing suits pro tanto.- Tomes v. Barney, U. S. C. C. (N. Y.), April 9, 1888; 35 Fed. Rep. 112.

-The

123. MARRIED WOMAN-Attorney and Client.counsel of record of a married woman has the same power to bind his client in matters connected with the litigation that counsel for other suitors have in like cases.-Williams v. Simmons, S. C. Ga., Jan. 16, 1888; 7 8. E. Rep. 133.

124. MASTER AND SERVANT-Negligence.- Circumstances stated under which a corporation employing, for the construction of a building, a mason and a carpenter, was held not to be responsible for the death of the latter caused by the negligence of the former.Keith v. Walter, etc. Co., S. C. Ga., May 14, 1888; 7 S. E. Rep. 166.

125. MASTER AND SERVANT-Servant's Torts-Liability. -If an agent, while engaged in his master's service, illegally arrest another man, supposing him to be a fugitive, the master is liable.-Harris v. Louisville, etc. Co.. U. S. C. C. (Tenn.), March 31, 1888; 35 Fed. Rep. 116.

126. MORTGAGE-Foreclosure-Executors. A mortgage by A to secure B's debt may be foreclosed after B's death, though the holder of the note fails to present it against B's estate.-Bull v. Cox, S. C. Cal., June 27, 1883; 18 Pac. Rep. 808.

127. MORTGAGE-Foreclosure-Parties.-A sold land to B, reserving a lien for unpaid purchase money. A part of the land was sold under execution against B to C, whose deed was recorded. A foreclosed and sold C's part, which satisfied his lien: Held, that C, being in possession, and not being made a party to such suit, was not bound by it, and the deed to the purchaser was not admissible against him.-Ballard v. Carter, S. C. Tex., June 12, 1888; 9 S. W. Rep. 92.

The stat

128. MORTGAGE-Foreclosure-Statute.ute of Connecticut, regulating the foreclosure of mortgages and the parties thereto, applies only to mort. gages made after the passage of the statute.-Curtiss v. Hazen, S. C. Err. Conn., Dec. 30, 1888; 14 Atl. Rep. 771. 129. MORTGAGE-Deed Absolute-Trust- Constructive Trust.- -Circumstances stated under which it was held that, in Delaware, a mortgage is only security for debt, and creates no fiduciary relations between the parties. A deed from the mortgagor to the mortgagee, absolute in its terms, creates no constructive trust.Walker v. Farmers' Bank, S. C. Err. Conn., June 21, 1888; 14 Atl. Rep. 818.

130. MUNICIPAL CORPORATIONS Bonds Innocent Purchaser. A plaintiff having knowledge of the fact that a city council borrowed money on bonds and expended it in aiding a railroad company unlawfully, cannot recover on dishonored coupons of such bonds.

-German Am. Bank v. City of Brenham, U. S. C. C. (Tex.), April Term, 1888; 35 Fed. Rep. 185.

131. MUNICIPAL CORPORATIONS Bonds Power to Issue. A city, being authorized to borrow money for "general purposes," had power to issue commercial bonds for the sums borrowed, which will bind the corporation.-German American Bank v. City of Brenham, U. S. C. C. (Tex.), April Term, 1888; 35 Fed. Rep. 185.

132. MUNICIPAL CORPORATIONS— Pleading-Notice.Where a municipal corporation is bound by law to keep its streets, sidewalks, etc., in good order, a person injured by such streets or sidewalks is not bound to aver in his declaration that the corporation had notice of the defect in the street or sidewalk, by means of which he was injured, and of which injury he complains.Chapman v. Town of Hilton, S. C. App. W. Va., June 27, 1888; 7 S. E. Rep. 22.

133. MUNICIPAL CORPORATIONS - Reincorporation. Under Texas law, an effort to incorporate anew, with enlarged boundaries, a municipal corporation, which had failed for five years to elect officers, is nugatory.— Seate v. Dunson, S. C. Tex., June 12, 1888; 9 S. W. Rep. 103. 134. MUNICIPAL CORPORATIONS--Streets — - Statutes.The statute of Georgia, authorizing municipal corporations to permit encroachments on their streets for a money compensation, does not authorize such a corporation to grant to a railroad company a block of land 80 feet by 480 feet for depot purposes.-Daly v. Georgia, etc. Co., S. C. Ga., July 11, 1888; 7 S. E. Rep. 146.

135. NEGLIGENCE. -Circumstances stated under which it was held that leaving a horse unhitched constituted negligence.-Phillips v. De Wald, 8. C. Ga., Oct. 12, 1887; 7 S. E. Rep. 151.

136. NEW TRIAL-Deposition-Witness-Objection.Where the answers of a witness in his depositions were written by him apart from the commissioners and in their absence, that fact of itself is not sufficient to authorize a new trial.-Wimpy v. Gaskill, S. C. Ga., Oct. 15, 1887; 7 S. E. Rep. 156.

137. NEW TRIAL-Weight of Evidence. After two or more concurrent verdicts, the evidence is to be taken by a reviewing court, whether on certiorari or writ of error, most strongly in favor of the prevailing party.-Winsor v. Cruise, S. C. Ga., Nov. 29, 1887; 7 S. E. Rep. 141.

138. OFFICERS- Legislative Control. Act Tex., April 12, 1883, creating a land board, composed of State officers, to sell and lease the public school lands, is constitutional.-Arnold v. State, S. C. Tex., June 19, 1888; 9 S. W. Rep. 120.

139. OFFICERS-Pilot Commissioners-Term.-Under California law, the pilot commissioners for the ports of San Francisco, Mare Island and Benicia cannot be removed by the governor without the concurrence of the senate.-People v. Freese, S. C. Cal., June 21, 1888; 18 Pac. Rep. 812.

140. PARTITION-Verdict-Judgment. A decree for partition, entered on a general verdict of a jury, allotting a particular section of the tract to each party, is erroneous. Only their rights should be defined, and commissioners appointed to make partition.-Reid v. Howard, S. C. Tex., June 15, 1888; 9 S. W. Rep. 1(9.

141. PARTNERSHIP-Power- Preference. According to the rule, in Iowa, one partner of an insolvent firm cannot execute a valid chattel mortgage on the firm assets to secure a creditor of the firm.-Osborne v. Barge, U.S. C. C. (Iowa), May 9, 1888; 35 Fed. Rep. 92.

Patent

142. PATENTS-Anticipation-Sleeve-nut. No. 236,723, to George H. Sellers, for a sleeve-nut, is void for want of novelty.-Sellers v. Cafrode, U. S. C. C. (Penn.), April 27, 1888; 35 Fed. Rep. 131.

143. PATENTS-Foreign Patent-Duration-Pleading.The term of a domestic patent is limited, under U. S. Rev. Stat. § 4887, to the term of a foreign patent, and when it appears on the face of the bill that the defense of such limitation may be raised by defendant, the latter may interpose the same by a plea.-Edison, etc. Co.

v. United States, etc. Co., U. 8. C. C. (N. Y.), May 15, 1888; 35 Fed. Rep. 134.

144. PATENTS-Former Adjudication-Interference.When the only question raised by interference proceedings before the patent office is priority of invention, a decision thereon is not equivalent to an adjudition when in an action the patent is assailed for want of novelty.-Dickerson v. De La Vergne, etc., U. 8. C. C. (N. Y.), March 5, 1888; 35 Fed. Rep. 143.

Reissued

146. PATENTS-Infringement-Watches.letters patent No. 9,467, granted November 16, 1880, to Freese, for roller abstract or for watches, is infringed by the device known as the Saundersen patent.-Freese v. Swartchild, U. S. C. C. (Ill.), May 28, 1888; 35 Fed. Rep. 141.

147. PATENTS-Injunction.-When, in an applica tion for a preliminary order to enjoin an infringement, the defendants admit that, construing the patent as plaintiff's construed, they did infrine, but insist that such is not the proper construction of it, the court will not grant the order, unless an adjudication or its equivalent be shown.-Dickerson v. De La Vergne, etc., U. S. C. C. (N. Y.), March 5, 1888; 35 Fed. Rep. 143. 148. PATENTS-Novelty-Stockings.No. 174,711, granted to Edward Tivey, for improvement in elastic hose, are void for want of novelty.-Gorse v. Parker, U. S. C. C. (Ill.), May 14, 1888; 35 Fed. Rep. 129.

-Letters patent

on a contract for ties, where the contract was evidenced by writing under seal by the agent of defendant, and the contract was afterward ratified by the defendant: Held, that it was not necessary that the ratification should be under seal, the written contract being merely a memorandum. · Florida, etc. Co. v. Varnedoe, S. C. Ga., July 12, 1888; 7 S. E. Rep. 129. 153. PLEADING Bond - Misjoinder. One of the sureties on a tax collector's bond died and a new bond was given. Suit was brought on the old bond, but by amendment the new bond was set up and the sureties thereon made parties: Held, that the error was harmless, where judgment was rendered solely on the old bond.-Finch v. State, 8. C. Tex., June 5, 1888; 9 S. W. Rep.

85.