which relate to questions which are constantly before the courts for decision; useful rather than ornamen. tal law; adapted to the needs of those who are now or shortly expect to be engaged in the active practice of the law. The sections devoted to mortgages, fixtures and landlord and tenant illustrate these features. Free use has been made of quotations from leading cases. The authors claim to have devoted three years to the preparation of their manuscript, and judging from the thoroughness of their work we are prepared to accept this statement as true. The chapter on freehold estates not an inheritance is especially interesting and instructive. Of equal interest also is the chapter on estates less than freehold, a large portion of which is devoted to the subject of leases. It will be difficult to find a treatise on real property containing more well con densed, practical and useful information than is furnished in the 500 pages before us. The work is well adapted to the use of law schools. The authors are John G. Hawley and Malcolm McGregor, authors of Hawley and McGregor on Criminal Law. The book is well bound in law sheep. Published by Col lector Publishing Company, Detroit, Mich.

MISSOURI................................. ...69, 88, 101

NEW YORK

RHODE ISLAND.......

.....

..40 NORTH CAROLINA..........................16, 18, 38, 67, 102 NORTH DAKOTA..................................................................................4, 15, 17, 50 ........8, 29, 38 PENNSYLVANIA...1, 26, 28, 41, 51, 61, 68, 70, 76, 86, 89, 90, 99 32, 63 ......39, 98 .35, 36, 37, 48, 82, 103 UNITED STATES C. C......... ....25, 64, 75 UNITED STATES C. C. OF APP., 12, 13, 42, 43, 44, 47, 57, 58, 78, 79, 91 UNITED STATES D. C.......

TENNESSEE......................................

TEXAS...

..9, 10, 14 UNITED STATES S. C., 5, 19, 22, 46, 71, 74, 77, 84, 85, 95, 96, 100 UTAH....

87

1. ACTION Parties.-A defendant cannot compel others than those who have sued him to become plaintiffs, or have judgment against them in such action.-FRISBIE V. MCFARLANE, Penn., 46 Atl. Rep. 358.

2. ACTION-Torts-Splitting Cause of Action.-Inju. ries to the person and injuries to the property of the person injured, both resulting from the same tortious acts, are separate items of damages, constituting but one cause of action. -KING V. CHICAGO, M. & ST. P. RY. Co., Minn., 82 N. W. Rep. 1113.

3. ALIENS Naturalization - Rights of British Subjects.-Former citizens of the United States, who have by naturalization become British subjects, are, while domiciled in the United States, entitled by treaty to all the rights of native-born British subjects.-NEWCOMB V. NEWCOMB, Ky., 57 S. W. Rep. 2.

4. ALIENS-Presumptions-Naturalization.-Where a party is shown to be an alien, such alienage is presumed to continue until some evidence to the contrary is produced. But proof that such party voted in this country overcomes the presumption of alienage, and raises a presumption of naturalization, as the law will not presume that the party committed an unlawful act.-KADLEC V. PAVIC, N. Dak., 83 N. W. Rep. 5.

5. APPEAL-Constitutional Question First Raised by Assignment of Error.-A question as to the constitutionality of a State statute, first raised in the assign. ment of errors in the circuit court of appeals, with nothing to present it in the circuit court except a general exception to an instruction in favor of the plaintiff's right to recover under the statute, will not sustain a writ of error to the Circuit Court of the United States from the supreme court, under the act of congress of March 3, 1891, chap. 517, § 5.-CINCINNATI, HAMILTON, & DAYTON RAILROAD COMPANY V. BENJAMIN F. THIEBAUD, U. S. S. C., 20 Sup. Ct. Rep. 822.

6. ARBITRATION-Award.-Courts will not enforce an award made pursuant to the rules and usages of a church as interpreted by its officers, where the articles of submission do not show what was submitted, and fail to provide that the award shall be final.-RAWLINSON V. SHAW, Mich., 82 N. W. Rep. 1054.

7. ATTACHMENT - - Pleading Amendment.- Where plaintiff sued in attachment, declaring as on a debt due, and it appeared on the trial that only a part of the debt was due at the time of the commencement of the action, the fact that defendant failed to plead such fact in abatement or at the trial did not preclude a reversal for such error urged for the first time on ap. peal. -HART V. CHEMICAL NAT. BANK OF CHICAGO, Miss., 27 South. Rep. 292.

8. ATTACHMENT AND GARNISHMENT-Statutes-Property Out of State.-Our statutes regulating attachment and garnishment (sections 5522, Rev. St., and follow. ing), do not give to the court issuing such process ju. risdiction over property of the defendant situate wholly beyond the borders of the State, nor power to require a garnishee having property of the defendant in his possession without the State to surrender the same into the custody of the courts; and an order on the garnishee requiring such act is without legal effect.-BUCKEYE PIPE-LINE Co. v. FEE, Ohio, 57 N. E. Rep. 446.

9. BANKRUPTCY-Application for Discharge-Grounds of Opposition.-It is no ground of opposition to the discharge of a bankrupt that the debts due to the objecting creditors were contracted in fraud, or that they were induced to sell goods to the bankrupt, and give him credit, by his false representations as to his financial condition at the time, and as to his business relations with a third person.-IN RE PEACOCK, U. S. D. C., E. D. (N. Car.), 101 Fed. Rep. 560.

10. BANKRUPTCY-Costs and Expenses-Fee of Creditor's Attorney.-Where one of the creditors of a bank. rupt, by his attorney, objects to the allowance of a claim filed by another creditor, the trustee declining

to interfere, and upon a contest and trial secures its rejection, thereby saving a considerable sum for distribution among the creditors generally, the attorney fór such contesting creditor may be allowed a fee for his professional services rendered, to be paid out of the estate.-IN RE LITTLE RIVER LUMBER CO., U. S. D. C., W. D. (Ark.), 101 Fed. Rep. 558.

Action

11. BANKRUPTCY-Fraudulent Conveyances to Set Aside.-Under Const. U. S. art. 1, § 8, cl. 4, pro. viding that congress shall have power to pass uniform laws of bankruptcy, a trustee in bankruptcy, appointed under the bankruptcy law of 1898, cannot maintain an action in a State court to set aside a conveyance made by the bankrupt to defraud creditors and to avoid the provisions of the bankruptcy law, as the jurisdiction of the federal courts is exclusive as to all matters relating to the administration of the estate of the bankrupt.-LYON V. CLARK, Mich., 82 N. W. Rep. 1058.

12. BANKRUPTCY-Jurisdiction-Requiring Bankrupt to Surrender Property.-Two essential facts condition the lawful exercise of the power to require a bankrupt or other person to pay or deliver to the trustee money or property in his possession. They are that the money or property directed to be delivered to the trustee is a part of the bankrupt estate, and that the bankrupt or person ordered to deliver it has it in his possession or under his control at the time the order of delivery is made.-IN RE ROSSER, U. S. C. C. of App., Eighth Circuit, 101 Fed. Rep. 562.

13. BANKRUPTCY-Jurisdiction-Suits By and Against Trustees.-Under Bankr. Act 1898, § 2, cl. 7, as limited by section 23b, a district court, as a court of bank. ruptcy, has original jurisdiction of actions by trustees in bankruptcy to recover property alleged to belong to the estate of the bankrupt, against third persons claiming title thereto adversely to the bankrupt or in hostility to the trustee, provided the cause of action is one which did not originally exist in the bankrupt himself, and also of all actions brought in such court against a trustee in bankruptcy by adverse claimants. IN RE BAUDOUINE, U. S. C. C. of App., Second Circuit, 101 Fed. Rep. 574.

14. BANKRUPTCY - Opposition to Discharge - False Oath. Where a bankrupt, on hearing on his application for discharge, produces to the court a written account, called a "Statement of Expenditures," which purports to show in detail the disposition made of a sum of money which he is charged with having secreted, and testifies to its truth, but suchstatement is in fact false and inaccurate, if the inaccuracies are the result of an intentional and fraudulent manipulation of figures, for the purpose of making a showing favor. able to the bankrupt, and not the consequence of an honest mistake, he is guilty of making a "false oath and account in a proceeding in bankruptcy," within the meaning of Bank. Act 1898, § 29b, subd. 2, and his discharge must be refused.-IN RE DEWS, U. S. D. C., D. (R. I.), 101 Fed. Rep. 549.

15. BILLS AND NOTES Action-Directing Verdict.The mere possession of a negotiable promissory note, which is not payable to bearer and is unindorsed, by another than the payee, is not prima facie evidence of the ownership of such note. Accordingly it was error for the trial court to direct a verdict for the amount of the note in suit; there being no other evidence of title, and plaintiff's ownership being denied by the answer. -SHEPARD V. HANSON, N. Dak., 83 N. W. Rep. 20.

16. BILLS AND NOTES-Note-Principal and SuretyRelease. Where the maker, sureties, and payee to a note enter into a contemporaneous agreement for the payment of 10 per cent. of said note weekly, in consideration of which the payee agrees to permit the mak. ers to order an equal amount of goods, the sureties cannot claim a release because new goods are shipped the makers without the payment of the 10 per cent.ROUSS V. KRAUSS, N. Car., 36 S. E. Rep. 146.

17. BROKERS-Sale of Realty-Authority.-A real estate broker with whom lands are listed for sale by the owner has no authority to make contracts for the sale

thereof which will bind the owners, in the absence of written authority signed by such owners authorizing him to do so.—BALLOU V. BERGVENDSEN, N. Dak., 83 N. W. Rep. 10.

18. BUILDING ASSOCIATIONS-Loans.-A corporation authorized F, who, as trustee, held title to land for its benefit, to borrow money for it from a building association. To do this, he had to subscribe for stock of the association. On the certificate therefor the asso. ciation made him the loan; the certificate being as signed to the association, and deposited with it as col. lateral. At the same time the corporation, F, and others executed their bond to the association for the amount of the loan, and F and the corporation executed as additional security a mortgage on the land held by him as trustee. Held, that the mortgage was liable for the amount the stockholder in the associa tion was bound to contribute to restore the capital impaired by losses, whether the corporation be considered as the holder of the stock, through F as agent, or whether F be considered the holder.-MEARES V. MONROE LAND & IMPROVEMENT Co., N. Car., 36 S. E. Rep. 130.

19. CARRIERS-Liability for Injury to Passenger on Leased Railroad.-The existence of a lease by a rail. road company of its road for an annual rental will not relieve a company which is running a train over the road from liability for injury to a passenger caused by the negligence of its own agents or servants in charge of the train.-CHESAPEAKE & OHIO RAILWAY COMPANY V. HOWARD, U. s. S. C., 20 Sup. Ct. Rep. 880.

20. CARRIERS - Passengers - Negligence-Burden of Proof. When a passenger, riding by invitation in the caboose of a mixed train, is injured by the falling of a bed frame fastened above him when the freight cars were backed against the caboose, the onus is upon the railroad company to show that the bed frame was properly secured.-STOODY V. DETROIT, G. R. & W. RY. Co., Mich., 83 N. W. Rep. 26.

21. CARRIER of Goods-Contract Limiting CommonLaw Liability.-Const. § 196, providing that "no common carrier shall be permitted to contract for relief from its common-law liability," does not prohibit a carrier incorporated in Kentucky from contracting in another State for exemption from liability for loss by fire, where the goods shipped are in that State, and are not even to pass through Kentucky.-TECUMSEH MILLS V. LOUISVILLE & N. R. Co., Ky., 57 S. W. Rep. 9.

22. CHATTEL MORTGAGE - Mortgagee's Knowledge of Mortgagor's Fraud as to Creditors.-Proof that the agent of the mortgagees of chattels was a lawyer of long standing and considerable practice, and that a debt to himself which has been already partially paid was secured by the mortgage, and that he was the sonin-law of the head of the firm which gave the mort. gage, and who had previously given deeds to members of his family, one of them being to the lawyer's wife, which deeds had been long withheld from record, and that the mortgagors were merchants, constantly buying and replenishing their stock, and standing in need of credit, is sufficient to go to the jury on the question of his connection with the scheme of the mortgagors to execute the mortgage for the purpose of defrauding their unsecured creditors.-BROWNING V. DEFORD, U. S. S. C., 20 Sup. Ct. Rep. 876.

23. CONSTITUTIONAL LAW-Regulation of Pawnbrokers. In a prosecution for carrying on the business of pawnbroker without a license, a complaint in the language of the statute is sufficient. It being within the police power of the legislature to regulate the business of pawnbrokers, a statute requiring pawnbrokers in cities or towns of 10,000 inhabitants or more to pay a license is not unconstitutional because not applying to all citizens of the commonwealth, since such statute applies to all citizens similarly circumstanced.-COMMONWEALTH V. DANZIGER, Mass., 57 N. E. Rep. 461.

24. CONVERSION-Crops-Pleading.-A complaint, by one holding a landlord's lien on crops, alleging that

defendant converted the crop to his own use during the existence of the lien, without an averment showing that such lien was thereby lost or impaired, states no cause of action.-SCARBROUGH V. ROWAN, Ala., 27 South. Rep. 919.

25. CORPORATIONS - Foreign Corporations-Appoint. ment of Receiver.-A court of equity in the jurisdiction where a foreign corporation has a situs for the transaction of its business, and where its property is situated, is without jurisdiction, in the absence of a statute conferring it, to appoint a receiver for such corporation, with a view to winding up its affairs and distributing its assets, at suit of a resident minority stockholder, who complains alone of the internal man. agement of its affairs, whereby the value of his stock has been diminished and is threatened with further prospective injury, where the corporation is solvent, and the directors and majority stockholders whose actions are complained of are non-residents.-SIDWAY V. MISSOURI LAND & LIVE STOCK CO., U. 8. C. C., S. D. (Mo.), 101 Fed. Rep. 481.

26. CORPORATIONS-Leases-Ultra Vires.-A corporation which has leased to another its property, for a consideration of which it has received the benefit, cannot, in an action to restrain it from taking possession of the property for an alleged breach of the covenants of the lease, set up as a defense that the execution of the lease was ultra vires as to the parties to it.-PITTSBURGH, ETC. R. Co. v. ALTOONA, ETC. R. Co., Penn., 46 Atl. Rep. 431.

27. CORPORATIONS-Power of Officers.-The authority of the president of the corporation to execute a mortgage to which the corporate seal is not attached will not be presumed, but must be proved aliunde.-AMER. ICAN SAV. & LOAN ASSN. V. SMITH, Ala., 27 South. Rep. 919.

28. CORPORATION-Stocks-Bona Fide Purchaser.Where, on the face of certificates of stock, absolute ownership appears in him who is in possession thereof, and there is no evidence outside showing act. ual or constructive notice that the ownership is in an. other, the person taking such certificates for value gets title, good against the actual owner, who put it In the power of the one in possession to deal therewith. as his own.-WESTINGHOUSE V. GERMAN NAT. BANK OF PITTSBURG, Penn., 46 Atl. Rep. 380.

29. CORPORATION-Stock Pledge.-A surety on 8 promissory note became such on the agreement of the principal to transfer to him as collateral security against loss a certificate of stock he then held within a short time. Held, that the surety thereby acquired an equity in the stock which he could enforce for his Indemnity against all persons having notice.-DEUBER WATCH-CASE MFG. Co. v. DAUGHERTY, Ohio, 57 N. E. Rep. 455.

30. COVENANTS-Waranty of Title.-Where a grantor, owning an estate per autre vie, conveyed the lands, warranting and defending the premises against all persons lawfully claiming the same, the grantee in possession cannot maintain an action for a breach of said covenant of title, since the outstanding title in remainder does not constitute a constructive eviction.-OLIVER V. BUSH, Ala., 27 South. Rep. 923.

31. CREDITORS' BILL — Fraudulent Conveyances.-A creditors' bill to set aside a transfer of shares of stock, and subject same to the payment of a judgment, may be maintained by a subsequent creditor, where the transfer is a mere pretense to enable the holder to dispossess himself of the apparent ownership, while he retains the beneficial interest therein.-HIGhley v. AMERICAN EXCH. NAT. BANK, Ill., 57 N. E. Rep. 436.

82. CRIMINAL EVIDENCE-Dying Declarations.-Dy. ing declarations as to the cause of death, admissible in evidence against the accused at common law, are not excluded under the right given defendant, in the con stitution, to be confronted with the witnesses against him.-STATE V. JESWELL, R. I., 46 Atl. Rep. 405.

83. CRIMINAL LAW-Embezzlement.-A landlord who takes possession of the tenant's crop, of which he is

entitled to one-half, and sells it, and refuses to account to the tenant for his share of the proceeds, is not guilty of embezzlement, under Code, § 1014, declaring "any officer, agent, clerk, employee or servant of any corporation, person or co-partnership, who shall em. bezzle or fraudulently convert to his own use" any money, goods, or other chattels belonging to any other person, shall be guilty of felony.-STATE V. KEITH, N. Car., 36 S. E. Rep. 169.

84. CRIMINAL LAW-Homicide-Verdict.-Under Code, § 5306, providing that the defendant may be "found guilty of any offense which is necessarily included in that with which he is charged," on a trial for murder, charged to have been committed by striking the deceased with a joint of iron pipe, the defendant may be convicted of assault with intent to commit murder.THOMAS V. STATE, Ala., 27 South. Rep. 920.

35. CRIMINAL PRACTICE Indictment Separate Counts.-The omission of defendant's name in the second count of an indictment containing two separate counts cannot be supplied by reference to the first.— POWELL V. STATE, Tex., 57 8. W. Rep. 95.

36. CRIMINAL PRACTICE-Robbery-Variance.-Where an indictment charges that defendant committed robbery by means of an assault, and by violence, and by putting in fear of life and bodily injury, evidence that defendant used a firearm does not constitute a variance of which he can complain.-Carroll v. STATE, Tex., 57 S. W. Rep. 99.

87. DEED- Appeal and Error.-A deed conveying all of the grantor's unsold lands in a certain league and county, named, may be aided by proof of what convey. ances of land in such league from said grantor appear of record, for the purpose of identifying the land conveyed, although the deed does not refer to the records or abstracts for identification of the lands previously conveyed.-SMITH V. CLAY, Tex., 57 8. W. Rep. 74.

38. DESCENt and DistrIBUTION Liability for Decedent's Debts.-When the lands of an intestate descend to his children, there being no personal estate for distribution, the interest of each child in the lands is subject to his indebtedness to the intestate.-KEEVER V. HUNTER, Ohio, 57 N. E. Rep. 454.

39. DEVISE FOR CHARITABle CorporatION-Validity. -Testatrix devised her estate, both real and personal, to a definite trustee legally incorporated, and directed as to the remainder, after the payment of a certain legacy and the termination of certain life estates in trust, that the trustee should hold the same "in trust for the use and benefit of the Old Women's Home at Nashville, Tennessee," a charitable institution, also legally incorporated, "and dispose of and apply said estate, or the proceeds to be realized from its sale, as the directors of said Old Women's Home may direct or determine may be best and most advantageous for said institution." Held that, whether treated as realty or personalty, the devise to the home was not void for uncertainty.-CHEATHAM V. NASHVILLE TRUST CO., Tenn., 57 S. W. Rep. 202.

40. ELECTIONS Mandamus Recount.-Mandamus will not lie to compel a town board of inspectors to reassemble and recount ballots cast for supervisors at a town meeting held February 21, 1899, in the manner prescribed by the general election law, since the election law is not applicable to town meetings unless specially made so by the town law, and the counting of such ballots was governed by Town Law, § 37, requiring public canvass of votes by count and comparison with the poll list, which, on being read, should be notice of the election, and under which no preservation of ballots was necessary.—IN RE LARKIN, N. Y., 57 N. E. Rep. 404.

41. EMINENT DOMAIN-Exercise of Right-Injunction. -Where a railway company is proceeding regularly under its charter to possess itself of its roadbed, with. out proof that its action is being taken for the doing of some illegal act, equity cannot interfere to restrain it from exercising its statutory rights.-GAW v. BRISTOL & B. R. Co., Penn., 46 Atl. Rep. 872.

42. EMINENT DOMAIN-Measure of Compensation for Property Taken.-In estimating the compensation to which a landowner is entitled on the taking of his property for a public use, the adaptability of the prop. erty in its present state and surroundings for other and more valuable purposes than those to which it has been put is a proper element to be considered in deter. mining its market value; but its possible value under circumstances and conditions which do not exist, but which the owner may intend to create, cannot be considered.-FIVE TRACTS OF LAND IN CUMBERLand Tp., ADAMS CO., Pa. v. UNITED STATES, U. 8. C. C. of App., Third Circuit, 101 Fed. Rep. 661.

43. EQUITY-Breach of Contract.-A bill alleging the existence of a contract by which plaintiff was to construct a railroad for defendant, and its breach by defendant in refusing to allow plaintiff to proceed in its execution, states no ground for relief in equity, but the remedy is by an action at law for damages; and until the damages have been so ascertained, and the legal remedy exhausted, equity cannot ascertain jurisdiction to aid in enforcing their payment, although the defendant is alleged to be insolvent.-STRANG V. RICHMOND, P. & C. R. Co., U. 8. C. C. of App., Fourth Cir. cuit, 101 Fed. Rep. 511.

44. ESTOPPEL-Consideration of Contract-Effect of Recitals. Where by a contract one party agreed to execute his notes to the other for a lump sum-the con. sideration being the satisfaction of a judgment against the maker for a much larger amount, and the rendi. tion by the payee of services as a lawyer in certain pending litigation-a subsequent agreement appor. tioning such notes between the two considerations does not estop the payee, in a sult by the maker for cancellation of the notes apportioned as a retainer on the ground, among others, that the amount was excessive and exorbitant, from showing that such notes were in fact based on both considerations.-WHEELER V. MCNEIL, U. 8. C. C. of App., Eighth Circuit, 101 Fed. Rep. 685.

45. EVIDENCE Parol Evidence Consideration of Deed.-An additional consideration to that expressed in a deed may be shown by parol evidence, provided such consideration be consistent with the operation of the deed.-JENSEN V. CROSBY, Minn., 88 N. W. Rep. 43. 46. FEDERAL COURT-Jurisdiction-Judgment of State Court.-A federal court may take jurisdiction of a suit to set aside a judgment of a State court in the same State, when it is attacked for fraud and want of jurisdiction because it was rendered on service by publica. tion, the order for which was obtained by a false affidavit.-HOWARD V. CORDOVA, U. 8. S. O., 20 Sup. Ct. Rep. 817.

47. FEDERAL AND STATE COURTS-Arrest for Executing Process.-A United States marshal cannot be subjected to arrest and Imprisonment by the authorities of a State for acts done pursuant to the commands of a writ issued to him by a court of the United States, but is protected by his process, and if so arrested, will be discharged by a federal court on habeas corpus.-ANDERSON V. ELLIOTT, U. S. C. C. of App., Fourth Circuit, 101 Fed. Rep. 609.

48. FORGERY-Variance.-Where the indictment in a prosecution for forgery describes a note without revenue stamps, the reception in evidence of a note with stamps does not constitute a variance, since the stamps are no part of the note, and it is not necessary to describe them.-GILES V. STATE, Tex., 57 S. W. Rep. 99.

49. FRAUDULENT CONVEYANCE-Suit to Set Aside.-A judgment creditor is not entitled to set aside a con. veyance by an insolvent judgment debtor, and to subJect the land to the payment of the judgment, where it is not shown that other parties to the judgment are also insolvent.-RIDDICK V. PARK, Iowa, 82 N. W. Rep. 1002.

he may select his homestead from any portion of such section that may best suit his convenience and interests, with the limitations that such selection must include the dwelling house and appurtenances, and must not exceed 160 acres in extent or $5,000 in value.— FOOGMAN V. PATTERSON, N. Dak., 83 N. W. Rep. 15.

51. HUSBAND AND WIFE - Checks-Forged Indorse. ment.-A, falsely representing himself as B, who was the owner of certain land, obtained a loan on a mort. gage executed by him in B's name on the land; the lender giving him a check therefor drawn to the order of B. He Indorsed it, in the name of B to defendant; and the latter indorsed it, and obtained the money thereof of the bank on which it was drawn. Held, that, it having been given to the person intended, the drawer had no claim against the bank, and therefore the bank had no claim against defendant.-LAND-TITLE & TRUST CO.,v. NORTHWESTERN BANK, Penn., 46 Atl. Rep. 420.

52. HUSBAND AND WIFE-Wife's Services - Instructions. A single and a married brother owned adjoin. ing farms, on one of which they lived in the same house, and farmed both places, under a partnership agreement that the unmarried brother should furnish half of the family provisions and fuel, and that he should receive his board, washing, ironing and mend. ing in the family. The married brother's wife lived in the family, and had no other occupation than a housewife. After her husband's death she brought an action against the surviving brother to recover for the serv. ices performed in furnishing such board, washing, iron. ing and mending. Held, that the services of the wife belonged to the husband, and she could not recover.MCCLINTIC V. MCCLINTIC, Iowa, 82 N. W. Bep. 1017.

53. INTOXICATing Liquors-Sales by Non-Residen Vendor.-Where the traveling salesman of a dealer in intoxicating liquors in another State, whose authority is limited to taking orders subject to the approval of his employer, receives an oral order for whisky to be shipped from such other State, and paid for by the vendee by giving the price to the salesman, or by remittance to the vendor, the contract, not being com. pleted until accepted by the vendor, is not a contract made in this State, and in contravention of the laws of this State against the traffic in intoxicating liquors, although the purchaser was not aware of the limita tion on the salesman's authority, if no attempt is made to mislead him in this regard.-SACHS V. GARNER, Iowa, 82 N. W. Rep. 1007.

54. JUDGMENT AGAINST HUSBAND-Property of WifeTax Title. When property owned by a husband was sold to the State for taxes, and the wife purchased the same from the assignee of the State's title acquired under a tax sale, she was not affected by a suit pend. ing to subject the land to the husband's debt, at the time of the sale, since the title acquired under the tam sale was in opposition to the wife's title, and was not affected by the doctrine of lis pendens.-BOYKIN V. JONES, Ark., 57 S. W. Rep. 17.

55. JUDICIAL SALES-Agreement of Purchaser.-The fact that a debtor whose land was being sold under decree induced other persons not to bid against C, who had agreed to buy the land and permit him to redeem, does not preclude him from enforcing the agreement against C, as the fraud upon creditors, if any, could only be considered by way of objection to the confirmation of the report of sale.-CRANE V. ARNOLD, Ky., 57 S. W. Rep. 11.

56. LANDLORD AND TENANT-Lien-Individual Partners.-Under Code, § 2992, providing that a landlord shall have a lien on all crops grown on the leased premises, and any other personal property of the tenant used and kept thereon, individual property of one member of a firm, used and kept on the leased premises, is not subject to the landlord's lien for rent due from the firm.-WARD V. WALKER, Iowa, 82 N. W. Rep. 1023.

57. LIMITATIONS-Application by Court of Equity.-A court of equity, in a suit to charge the defendant, as

trustee, with a sum which might have been recovered in an action at law, will apply the statute of limitations which would have governed the action at law.NASH V. INGALL, U. S. C. C. of App., Sixth Circuit, 101 Fed. Rep. 645.

58. LIMITATIONS-Commencement of Action-Amend ments.-Amendments to a petition against a railroad receiver to recover damages for the death of an employee do not constitute new suits for the purpose of limitations, where the substantive cause of action in both original and amended petitions was the negli gence of the receiver.-CINCINNATI, N. O. & T. P. RY. Co. v. GRAY, U. S. C. C. of App., Sixth Circuit, 101 Fed. Rep. 623.

59. MASTER AND SERVANT-Assumption of Risk-VicePrincipal. Where a servant is injured, being caught by a bolt which remains in a timber in the work of tearing away a portion of a bridge, he assumes the danger of the negligence of his fellow-servants, as well as the apparant and probable risks of the service in which he is engaged -O'NEIL V. GREAT NORTHEN RY. Co., Minn., 82 N. W. Rep. 1036.

60. MASTER AND SERVANT-Injury to Volunteer.-A person who voluntarily assumes to act as a baggage man on a railroad train cannot recover for injuries received by defective appliance.-WAGEN V. MINNEAPOLIS & ST. L. RY. Co., Minn., 82 N. W. Rep. 1108.

61. MORTGAGE-Assignment-Delivery- Notice - One to whom a mortgage is assigned by parol, and is de livered, is entitled thereto, as against one whom the assignor-afterwards assigns it in writing, he being put on inquiry by non-delivery of the mortgage.-APPEAL OF KITHIN, Penn., 46 Atl. Rep. 418.

62. MORTGAGES-Decrees of Foreclosure-Confirmation of Sale.-Mere inadequacy of price is insufficient ground for refusing a confirmation of a master's report of sale under a decree foreclosing a trust deed, since the grantor, by exercising his right of redemption, can have the same benefit as if the property had sold for its full value.-SPRINGER V. Law, Ill., 57 N. E. Rep. 435.

63. MORTGAGES-Power of Sale-Guardian and Ward. -A guardian cannot exercise the power of sale contained in a mortgage executed by his ward prior to the guardianship, and purchase the mortgaged property at such sale.-HORTON V. MAINE, R. I., 46 Atl. Rep. 403.

64. MORTGAGES-Release-Statutory Requirements.The Missouri statute (Laws 1997, p. 3), which provides that the recorder of deeds shall require the releasor of a mortgage to present for cancellation the notes secured, or make affidavit of their loss, if applicable in any case to a mortgage securing railroad bonds, cannot be given a retrospective effect, so as to render invalid the release of such a mortgage previously executed, where such release was made in accordance with the express provisions of the mortgage itself.-LYMAN V. KANSAS CITY & A. R. Co., U. S. C. C., W. D. (Mo.), 101 Fed. Rep. 636.

66. MUNICIPAL CORPORATION-Negligence Master and Servant.-A city hired from an improvement company the use of a steam roller and engineer. The city had full control over the movements of the steam roller, and directed its engineer where to operate it. The company paid the salary of the engineer, and had the power to discharge him. The roller being directed to operate where the ground was too soft to hold it up, sank in the mud, and the engineer, in a proper exer. cise of his duties, put on full steam, and extricated the roller from the mud. The steam then escaped with a

loud noise, and frightened the horse of a traveler, who was permitted by the city's superintendent to ap proach without warning, injuring him. Held, that the city was liable therefor, and not the company.-STEWART V. CALIFORNIA IMP. Co., Cal., 61 Pac. Rep. 280.

67. MUNICIPAL CORPORATIONS-Street Excavations.Where a lot owner excavated into the abutting sidewalk with knowledge of town authorities, the town, not having participated in the excavation, which was not made under its direction or for its benefit, was not liable, to a pedestrian injured thereby, as a joint tortfeasor, but only for negligently permitting such dangerous place to remain unguarded.-BROWN V. TOWN OF LOUISBURG, N. Car., 36 8. E. Rep. 166.

68. MUNICIPAL CORPORATIONS — Unauthorized ActsDamages. A city is not liable for damages resulting from its negligent and defective construction of a sluice for drainage, which it undertook without any authority, and not in the execution of any power conferred on it, since, to create such liability, the inju rious act must have been within the scope of its corporate powers as prescribed by its charter.-BETHAM V. CITY OF PHILADELPHIA, Penn., 46 Atl. Rep. 448.

69. PLEADING-Trustee Capacity to Sue.-Under Rev. St. 1889, §§ 1990, 1991, authorizing the trustee of an express trust to sue in his own name, and defining such trustee to include a person with whom or in whose name a contract is made for the benefit of another, where plaintiff made a contract on behalf of himself and other subscribers of defendant company, by which defendant undertook to run a certain num. ber of trains per day from a certain station to a city, in consideration of $3,000 paid by such subscribers, plaintiff was entitled to sue in his own name to recover for a breach of the contract.-SAWYER V. WABASH RY. Co., Mo., 57 S. W. Rep. 108.

70. PRINCIPAL AND AGENT-Unlawful Sale-Proceeds. -While a contract to pay for whisky unlawfully sold will not be enforced, yet the seller may recover the proceeds of such sale, collected by the agent who made it.-HERTZLER V. GEIGLEY, Penn., 46 At!. Rep. 366.

71. PUBLIC LANDS-Conflict Between Entry and Railroad Grant.-The right of one who has actually oc cupied public lands, with an intent to make a homestead or pre-emption entry, cannot be defeated by the mere lack of a place in which to make a record of his intent, if he makes his entry as soon as an office is opened where he can do so.-TARPEY V. MADSEN, U. s. S. C., 20 Sup. Ct. Rep. 849.

72. RAILROAD COMPANY-Erection of Viaduct.-At common law the duty rests upon a railway corpora tion, when it occupies a public thoroughfare with its tracks, to restore the same, by some reasonably safe and convenient means, to its former condition of usefulness. And the duty is a continuing one, and the way must be kept in repair by the corporation whose act has made the duty necessary.-STATE V. MINNESOTA TRANSFER RY. Co., Minn., 83 N. W. Rep. 32.

73. RAILROAD COMPANY-Killing of Trespasser in Col. lision.-A railroad company owes no duty of care to a trespasser who, contrary to its rules, which are known to him, is riding on a construction train without the knowledge of the company's employees; and the gross negligence of such employees, which results in a collision in which the trespasser is killed, does not constitute actionable negligence as to him which gives a right of recovery for his death.-SINGLETON V. FELTON, U. S. C. C. of App., Sixth Circuit, 101 Fed. Rep. 526. 74. RAILROAD COMPANY-Regulation of Speed of Trains by City.-A regulation by a city of the speed of railroad trains within the city limits is not, as to interstate trains, an unconstitutional regulation of interstate commerce,-at least until congress shall take action in the matter.-ERB V. MORASCH, U. S. S. C., 20 Sup. Ct. Rep. 819.

75. RAILROAD COMPANY-Reorganization in Fraud of Creditors.-The transfer of the property of a railroad company, through foreclosure proceedings, to a reor. ganized company, In accordance with an agreement