Iowa.... Kentucky. Maine Massachusetts. Michigan Mississippi Montana.. New Jersey. North Carolina. North Dakota. Oklahoma.. Oregon.. Pennsylvania.. Texas.... .4, 39 .3, 8, 69 .7, 26, 51 .9, 25, 85 .28 44, 53 ..5, 31, 47, 52, 65, 67, 75, 78, 79 ..12, 19, 32, 48 .64 16, 74 83 .36 ..1, 58 21, 30 .20, 57 .41, 68 11, 18, 40, 46, 73 .76, 77, 80 42, 43, 60, 61, 70, 84 ...2, 45, 62 13, 22, 23, 27, 29, 34, 35, 37, 49, 50, 54, 55, 56, 59, 71, 72 .6, 10, 14, 15, 17, 24, 33 .38, 82 ..63, 66, 81 U. S. C. C. App....... United States D. C.. United States S. C.. Washington.. 1. Attorney and Client-Disbarment.-The conduct of an attorney in testifying that defendant in an action was insane at the time of his marriage, knowing that in fact such defendant had been mentally competent to contract such marriage, held ground for disbarment, under Rev. Codes, § 6393, subd. 5, providing for disbarment of an attorney guilty of deceit, malpractice, crime, or misdemeanor involving moral turpitude. In re O'Keefe, Mont. 175, Pac. 593. 2. Lien of Attorney.-Where client assigned note to attorney as collateral for specified indebtedness, and not for collection, or to secure payment of fees for services rendered, there was no attorney's lien on note for such services. -Thomson v. Findlater Hardware Co., Tex., 205 S. W. 831. 3. Bailment-Ordinary Care.-Bailment being for the benefit of both parties, the bailee would be liable to the bailor for theft by a third person only if the theft was due to lack of ordinary care on the part of bailee.-Perera v. Panama-Pacific International Exposition Co., Cal., 175 Pac. 454. the grantor, could not be subjected in bankruptcy by the creditors before the grantor divided it.-White v. Graybill, Iowa 169 N. W. 135. 6. Petition for Review.-A question of fact, when found by the referee in bankruptcy, will not be disturbed by the courts on petition for review. In re Mullings Clothing Co., U. S. D. C., 252 Fed. 667. 7. Brokers-Negotiation.-To be entitled to compensation from seller of real estate, broker must have been the seller's agent, and must have effected the sale, or conducted the negotiations to such stage as to complete the bargain for the sale, so far as it depended upon his action or efforts.-Heldmyer v. Cleaver, Del., 104 Atl. 635. 8.- -"Secret Profit."-Where plaintiff fixed his own terms and employed defendant merely to procure acceptance, defendant being also the agent of the other party to the exchange and known by plaintiff to be such, compensation received by defendant from the other party was not a "secret profit" to which plaintiff was entitled.-Carothers v. Caine, Cal., 175 Pac. 478. In case 10. Carriers of Goods-Non-Delivery. of non-delivery, the carrier's common-law liability is the value of the goods at the point of destination at the time they should have been delivered.-McCall-Dinsmore Co. v. Chicago M. & St. P. Ry. Co., U. S. D. C., 252 Fed. 512. 11. Carriers of Live Stock-Condition Precedent. Shipper's failure to comply with provision of contract for interstate shipment of live stock making notice of claim before removal from destination or from place of delivery to consignee and before stock is intermingled or slaughtered, a condition precedent to recovery, bars recovery, in absence of special circumstances.-Atchison, T. & S. F. Ry. Co. v. Cooper, Okla., 175 Pac. 539. of. 12. Carriers of Passengers-Removal Where a male passenger was drunk, disorderly, insulting, and offensive to other passengers, the conductor was warranted in removing him from that car to the smoking car, though Ky. St. § 806, authorizes the ejection of such passengers from the train.-Louisville & N. R. Co. v. Phelp's Adm'r, Ky., 205 S. W. 793. 13. Champerty and Maintenance - Pleading and Practice. The champertous character of an action at law is available as a defense to that action, though not pleaded.-General Film Co. v. Sampliner, U. S. C. C. A., 252 Fed. 443. 14. Citizens-Allegiance and Protection. Citizenship implies membership in a political society, the relation of allegiance and protection, identification with the state, and a participation in its functions, and while a temporary absence may suspend the relation between a state and its citizen, his identification with the state remains where he intends to return.Pannill v. Roanoke Times Co., U. S. D. C., 252 Fed. 910. 15. Compromise and Settlement — Satisfaction. It being inferable that half pay allowances by master to injured servant while disabled were made as a mere kindness, failure of employe to return the money was not conclusive of acceptance thereof in whole or partial satisfaction of claim.-E. I. Du Pont de Nemours & Co. v. Kelly, U. S. C. C. A., 252 Fed. 523. 16. Conspiracy-Participation. - When conspiracy to boycott was shown among members of bricklayers' union, firm against which conspiracy was directed could look beyond secretary, who sent out untrue and harmful notices to contractors, and recover from each member of union who participated in conspiracy, irrespective of degree of his activity.-Martineau v. Foley, Mass., 120 N. E. 445. a -- 21. Gift of Property. Managers of corporation cannot give away its property.-Deutsche Presbyterische Kirche V. Trustees of Presbytery of Elizabeth, N. J., 104 Atl. 642. 22. -Receiver.-A receiver of a corporation is appointed on behalf of all parties interested, and he represents the stockholders, as well as the creditors.-Graselli Chemical Co. v. Aetna Explosive Co., U. S. C. C. A., 252 Fed. 456. 23. Reorganization.-Where the company employing plaintiff when he was injured, in order to effect a financial reorganization, transferred all its assets to a new company, which assumed all the old company's liabilities, and there was little change in the management of the business, plaintiff might sue the new company directly for the negligence of its predecessor.-E. I. Du Pont de Nemours & Co. V. Smith, U. S. C. C. A., 252 Fed. 491. 24. Courts-Jurisdiction.-A federal court is not bound by the construction of statutes of a state by its highest court, where the inquiry is whether they as enforced effect results contrary to inhibition of federal statutes.-Iowa Loan & Trust Co. v. Fairweather, U. S. D. C. 252 Fed. 605. 25. Su-Stare Decisis.-A ruling of the preme Court prior to January, three judges sitting, made contrary to a doctrine announced and followed in prior decisions of the Supreme Court, must, under the doctrine of stare decisis, in force under Civ. Code 1910, § 6207, yield to such former decisions, when such reversal is concurred in by the full court.-Josey v. State, Ga., 96 S. E. 1041. 26. Criminal Law-Evidence.-Proof of a distinct independent offense, other than that in issue, though embracing acts of the same general kind as those surrounding the offense charged, is not admissible to establish the latter, a rule subject to certain exceptions, as when it is necessary to show a particular intent to prove guilty knowledge.-State v. Greco, Del., 104 Atl. 637. 27. Customs and Usages-Implied Contract. -An offer relating to a trade or business assumes that all the usages and customary incidents of such trade or business shall be part of the agreement, and they need not be expressly stated in the written or oral offer, as the law implies them.-Neer v. Lang, U. S. C. C. A., 252 Fed. 575. 28. Damages-Breach of Contract.-Where a lump sum is deposited, to be paid on a breach of a contract, question whether deposit is penalty or liquidated damages is generally determined by intention of parties.-Weiser River Fruit Ass'n v. Feltham, Idaho, 175 Pac. 583. 29. -Penalty.-Whether a stipulation to pay a sum of money in event of breach of contract is to be regarded as a penalty or an agreed ascertainment of damages is to be determined from the intent of the parties as gathered from the contract.-Stennick v. Jones, U. S. C. C. A., 252 Fed. 345. 30. Divorce-Desertion.-Law does not call upon husband seeking divorce on ground of desertion to exclude hypothesis of justifiable cause; burden to justify separation by clear proof of matrimonial offense, supported by corroborating evidence, being cast on wife, as though made basis of application for divorce.Wurth v. Wurth, N. J., 104 Atl. 644. 31.- -Mutual Fault.-Where each party in a divorce suit is at fault, the law will leave them as it finds them.-McCarthy v. McCarthy, Iowa 169 N. W. 135. 32. Domicile-Change of.-A domicile, once acquired, cannot be changed without the acquisition of another domicile.-Semple v. Commonwealth, Ky., 205 S. W. 789. ministered Ordinarily, 37. Consignment. Factors..— where a person receives property which he is not bound to return in the identical form, but may account therefor in money or other property, the transaction amounts to a "sale"; but this rule is not applicable to consignments to sell, where the owner of a chattel delivers it to an agent to sell, in which case the title remains in the principal or bailor, though possesor bailee.sion is transferred to the agent Taylor v. Fram, U. S. C. C. A., 252 Fed. 465. 38. Food-Inspection.-Meat Inspection Acts, requiring meat-food products to be inspected and passed as a condition to interstate or foreign shipment, are within the power of Congress.-Pittsburgh Melting Co. v. Totten, U. S. S. C., 39 S. Ct. 3.. Bulk Sales 39. Fraudulent Conveyances Statute.-On sale of an undertaking business in violation of the Bulk Sales Law, the purchaser becomes liable as a receiver of the stock to all the creditors pro rata, but not for the full value of the goods received.-Ledwidge v. Arkansas Nat. Bank, Ark., 205 S. W. 808. 40. Frauds, Statute of Primary Liability.A promise to pay for merchandise furnished to a third person, when it is furnished on faith of makes promiser primarily such promise, liable; and promise is an original and not a v. Jenkins, Okla., collateral promise.-Grantz 175 Pac. 527. 41. Good Will-Profitable Business.-A profitable business is not necessarily accompanied an unprofitable business by a good will, and may have a good will consisting in desire of patrons to continue accustomed business relations.-Macfadden v. Jenkins, N. D., 169 N. W. 151. Apprehension. 42. Homicide-Reasonable of danger to life, Reasonable apprehension which would justify the killing of a police officer, where the danger turns out to be apparent only, and not actual, must have a reasonable basis on which to rest before the taking of a human life would be warranted thereby.-Commonwealth v. Balanzo, Pa., 104 Atl. 683. 43. Husband and Wife-Common Law Marthat common-law marriage riage. If finding existed between parties was warranted by facts, husband was liable for wife's maintenance and support.-Knecht v. Knecht, Pa., 104 Atl. 676. inhusband's 44. Inchoate Right.-The choate interest in his wife's lands while she is living is so unsubstantial that it may not be reached or affected by his creditors.-Buckel v. Auer, Ind., 120 N. E. 437. 45. - Voluntary Payment.-Plaintiff and defendant being sole heirs at law of a son, and defendant father having, out of his separate esand expenses of last tate, paid debts of son was liable sickness and burial, plaintiff wife for one-half of amount so paid by defendant; the payment not being voluntary, but necessary v. Lefevre, for protection of estate.-Lefevre Tex., 205 S. W. 842. Policy. Policy issued 46. Insurance-Void after person it imports to insure against loss has sold and delivered property is void in his hands, and his assignment thereof to the owner transfers nothing.-Fireman's Fund Ins. Co. v. Cox, Okla., 175 Pac. 493. 47. Judgment-Lien.-An option to purchase realty does not pass an interest to which the lien of a judgment will attach.-Vigars v. Hewins, Iowa, 169 N. W. 119. 48.- -Res Judicata.-Regardless of the time when two suits involving the same parties and subject-matter were filed a judgment in either would bar further prosecution of the other. Commonwealth v. Harkness' Adm'r, Ky.,, 205 S. W. 787. 49. Limitation of Actions-Accrual of Right. -Where attorneys were generally employed for certain litigation, their cause of action for compensation does not accrue until the end of the service or their withdrawal from the litigation, and hence limitations do not begin to run until that time.-Lackner v. McKechney, U. S. C. C. A., 252, Fed. 403. 50. Lost Instruments - Equity. - Court of equity may be invoked by claimant of minerals to establish deed, on which his title depends, lost or destroyed by adversary, to the end that by preserving and recording he may protect himself against bona fide purchaser and show good marketable title.-Midkiff v. Colton, U. S. C. C. A., 252 Fed. 420. 51. Master and Servant-Assumption of Risk. -If a servant knows of a danger, or by the ordinary use of his senses could have known thereof, he assumes the risk of injury therefrom. Kemp v. McNeill Cooperage Co., Del., 104 Atl. 639. V. 52. Incompetency.-"Incompetency," in the law of master and servant, means want of ability adapted to the performance of a task, either because of lack of experience, natural qualification, or deficiency of disposition to use one's ability and experience properly.-James Winifred Coal Co., Iowa, 169 N. W. 121. Contractor.-One letting 53. Independent contract for work and retaining control over details, looking only to the ultimate results, is not responsible for the negligence of the contractor or his employes.-Washburn-Crosby Co. v. Cook, Ind., 120 N. E 434. 54. Mines and Minerals-Relocation.-A relocation of a claim located by another admits the validity of the original location.-Betsch v. Umphrey, U. S. C. C. A. 252 Fed. 573. 55. Severance.-A purchaser of land, with notice of severance of minerals and surface by deed of land with reservation of minerals, could not claim them by adverse possession of surface, but could start adverse possession of them only by working them, or other act of dominion showing assertion of title and use in accordance therewith.-Midkiff v. Colton, U. S. C. C. A., 252 Fed. 420. 56. Underlying Surface.-Where there has been severance of title to land and underlying minerals, the owner of the surface, in possession thereof, does not acquire title to the coal by taking from existing openings of the veins coal for his own domestic purposes, and casionally permitting neighbors to take it, or himself digging it and selling it to them, for their domestic use.-Vance v. Clark, U. S. C. C. A., 252 Fed. 495. OC 57. Mortgages-Burden of Proof.-Mortgagee claiming under deed from his mortgagor must, as against a second mortgagee, show, by other evidence than the deed itself, that the transaction was free from fraud and oppression, and for a fair consideration.-Jones v. Williams, N. C., 96 S. E. 1036. 58. Municipal Corporations-Initiative and Referendum.-Initiative and referendum apply only to matters of general legislation, in which all qualified electors of city are interested, not to local matters, such as creation of special improvement district, in which only inhabitants or property owners are interested.-Allev v. City of Butte, Mont., 175 Pac. 595. Care. After a pedestrian 59 Reasonable has entered upon a street crossing in a prudent manner, he is entitled to the exercise of reasonable care on the part of drivers of subsePatterson machines. approaching quently 61. Contributory Negligence. Though plaintiff's evidence in chief and that of his witnesses makes out a case free from contributory negligence, the case is for the jury, where some of plaintiff's answers on cross-examination indicate contributory negligence.-Milligan Philadelphia & R. Ry. Co., Pa. 104 Atl. 657. V. 62. Proximate Cause.-A cause to constitute proximate cause need not act alone.-Otis Elevator Co. v. Cameron, Tex., 205 S. W. 852. 63. Officers-Qualifications and Restrictions. -For offices created by the state, the state by its constitution and statutes may provide such qualifications and restrictions as it deems proper; but for offices created under other authority the court must look to the creating authority for all qualifications and restrictions.-State v. Howell, Wash., 175 Pac. 569. 64. Partnership-Sale of Samples.-A partner has the right to sell samples belonging, to the firm.--Feingold v. Supovitz, Me., 104 Atl. 697. 65. of Physicians and Surgeons-Election Treatment.-In calling a physician one is presumed to elect that the treatment shall be according to the school to which the physician belongs, and his care cannot be measured by the sort of treatment a physician of another school would have given.-Van Sickle v. Doolittle, La., 169 N. W. 141. 66. Pledges-Lien.-A statement, that buyer pledges to seller all property then owned or thereafter to be acquired as security for all obligations which buyer may then be owing or may thereafter incur to seller, cannot create a lien; an instrument to create such lien being required to name a definite sub then owing or a definite sum to be advanced in the future, and reasonable to describe property pledged with certainty.-Union Machinery & Supply Co. v. McCush, Wash., 175 Pac. 559. devise to а 67. Powers-Conditional Fee.-A testator's wife to have, hold, and control unless she remarry, when she should take one-third, residue to testator's children, followed by codicil to granting wife full power convey, grants a fee conditional; the condition being suspended in favor of a purchaser on exercise of the power.-Vaughn v. Converse, Iowa, 169 N. W. 144. act as 68. Principal and Agent-Executing Contract. to -Ordinarily an executory contract agent is not binding on either party, unless based on sufficient consideration.-Odegard v. Haugland, N. D., 169 N. W. 170. 69. Public Service Commission-Conferred Power.-The Supreme Court may restrain the Railroad Commission from exercising powers which it does not possess.-Allen v. Railroad Commission of California, Cal., 175 Pac. 466. 70. Jurisdiction.-Matters within jurisdiction of Public Service Commission must first be determined by the commission before the courts will take jurisdiction of any phase of the controversy.-Klein-Logan Co. v. Duquesne Light Co., Pa., 104 Atl. 763. 71. Receivers Public Utility.-In considering the question of appointment of a receiver for a public utility corporation, the court will assume, unless it otherwise appears, that it can be operated so as not at least further to impair the value of assets, and will direct it to be operated, even by the issue of receiver's certificates, until be made to can meet the exiarrangements gencies of its stoppage.-Central Bank & Trust Corporation v. Cleveland, U. S. C. C. A., 252 Fed. 530. re 72. Release-Construction of Terms.-A lease by an employe of claims for damages, because of personal injuries then believed by the parties to be of minor character, cannot be construed to cover other and very serious injuries, the same which afterwards developed from cause.-Gold Hunter Mining & Smelting Co. v. Bowden, U. S. C. C. A., 252 Fed. 388. 73.-Fraud.-Where plaintiff relied on false representations of railroad's physician regard ing extent of personal injury from railroad's negligence, made with intent to induce her execution of release, with resulting damage, fraud was sufficient to warrant cancellation of lease. Chicago, R. I. & P. Ry. Co. v. Johnson, Okla., 175 Pac. 494. re 74. Remainders Prescription.-Prescriptive rights in land did not mature in favor of defendant against plaintiffs claiming under a remainderman who had no right to possession until the death of the life tenant, less than 20 years before the present suit.-Isbell v. Greylock Mills, Mass., 120 N. E. 446. 75. Sales-Delivery to Carrier.-Where personal property is purchased by telegraphic order to be delivered to the carrier, title passes to the purchaser, subject only to the right of stoppage in transitu, and the selection of route of shipment, in the absence of directions, is left to the seller.-Ketchum & Gaston Co. v. Fitzgerald Harness & Buggy Co., Iowa, 169 N. W. 145. 76. -Executed Contract.-Where money for cattle was to be paid at time of delivery, payment and delivery were concurrent conditions, performance of which was necessary to make contract fully executed.-Brown v. Sheedy, Ore., 175 Pac. 613. 77. Sheriff's and Constables.-Conversion.An officer who levies execution on property of a stranger is guilty of conversion, although levy was made in good faith, and although property was not actually taken or removed.Sabin v. Christman, Ore., 175 Pac. 622. 78. Specific Performance Unconscionable Contract.-Equity will not decree specific performance of a contract for exchange of lands. where defendant was not familiar with local land values, and plaintiff so grossly exaggerated the value of his lands as to make the contract unconscionable.-Wagner v. Allen, Iowa, 169 N. W. 143. 79. Tenancy in Common-Cotenant Dis-' charging Incumbrance.-Payment by one cotenant of unpaid purchase price or incumbrance operates to the benefit of all, and entitles payor to contribution pro rata, and to a lien upon the share of each for the proportionate amount due from him.-Davis v. Davis, Iowa, 169 N. W. 129. 80. Vendor and Purchaser-Ratification.Payments of purchase-money installments with knowledge of the fraud inducing the contract of purchase amount to ratification defeating complete rescission.-McCabe v. Kelleher, Ore., 175 Pac. 608. 81. Sale in Gross-Where there is a sale in gross for a total price. relief will not be granted for shortage where the purchaser has investigated and estimated the property before sale.-Standard Lumber Co. v. Deer Park Lumber Co., Wash., 175 Pac. 578. 82. War-Alien Enemy.-Suit may be brought in a United States court against an alien enemy. Watts. Watts & Co. v. Unione Austriaca Di Navigazione, U. S. S. C., 39 S. Ct. 1. 83. Wills-Alienation of Interest.-Where will devised undivided half of estate to wife and her heirs forever, the balance to the wife for life, and then one-half thereof to a daughter, and the balance to the daughter in trust for the life of a grandson, the wife could not alienate the grandson's share.-Tuttle v. Doty, Mich., 168 N. W. 990. 84. ex -Children.-Under bequest to "children," grandchildren and other remote, issue are cluded, unless an intent is shown by the will to provide for children of a deceased child, in cases where the will would otherwise remain inoperative, or the will clearly shows that the word "children" was used in a more extensive sense. In re Puterbaugh's Estate, Pa., 104 Atl. 601. 85.- -Creation of Trust.-A devise to trustees for the use of seven daughters during life and after their death to their children, respectively, and in case of the death of a daughter without children her share to go to the survivors subject to the trust, created a trust which remained executory as to each of the life tenants at least until the death of such tenant.-Watts v. Boothe, Ga., 96 S. E. 863. Central Law Journal. ST. LOUIS, MO., JANUARY 17, 1919. A LEAGUE OF NATIONS. We are interested in the proposal for a League of Nations mainly from the standpoint of the judicial settlement of justiciable controversies arising between nations. For that reason also we are interested in the propaganda of the League to Enforce Peace, of which former President Taft is the head. Since the armistice was signed the League has been booming and its program seems to have caught the popular imagination. Into every legislature as it convenes resolutions favorable to the idea of a League of Nations are being introduced. Sixteen state legislatures have already indorsed the idea, the most recent being the state of Florida, where the following resolution, practically identical with the others, has just been adopted: "Be it resolved, By the House and Representatives, the Senate concurring, that we favor the establishment of a League of Nations of which the United States shall be a member. We believe that such a league should aim at promoting the liberty, progress and orderly development of the world; that it should clinch the victory won at such terrible sacrifice by having the united potential force of all its members as a standing menace against any nation that seeks to upset the peace of the world." In a number of recent addresses in the east, Mr. Taft has been driving home the idea of the League that "if there is not a League of Nations created in Paris the whole thing is a failure." Mr. Taft's present text is that a League of Nations is not only desirable but necessary. "We cannot escape it," he says, "if we wish to make the Peace Treaty worth anything more than the paper it is written on." The Presi dent of the League states the proposition along the lines similar to those which Premier Lloyd George is following in his campaign speeches. "If we set up a dozen or more new republics in Europe," he says, "then leave them alone without a League of Nations to guide and protect them, have we made for war or have he made for peace?" "The war," Mr. Taft declares, "has delivered the opponents of the League into our hands. The war is a failure if we don't have it. These countries that we propose to set up have got to be held in leading strings. You can't do that except by a League of Nations that notifies themevery one of them-'Here! This war was fought for your liberty, that democracy might be safe, and we don't propose to have you set a fire here and set up a conflagration and bring about a war that we have sacrificed millions and billions and created all sorts of suffering to avoid.'" The Four-Minute Men are also spreading the gospel of universal arbitration of national controversies by a League of Nations. William H. Ingersol, director of the FourMinute Men Division, in his latest instructions refers to this matter as follows: "American statesmanship formulated the statement of war aims which clarified the thought of the world; then it was accepted and adopted by the Allies as expressing their purposes; finally it became the basis upon which the enemy countries sought the armistice now prevailing. It is the contract between nations. It prophesies some form of a League of Nations to enforce international law which broke down when Germany invaded Belgium, instituted her submarine warfare on passenger ships, resorted to the use of poisonous gases and her whole long list of atrocities. This must not happen again. A new international order of some sort must be established." It is interesting to note also that many neutral nations have come into line. Committees of the three Scandinavian govern |