services in attempting to recover possession of the ward's lands, one third of the value of all property recovered, is valid. Ruger, ch J., and Earl, J., dissent. makes an agreement for valuable considera- | pay an attorney, in consideration of his tion with a third person to pay the note, the transferee and holder of the note may maintain an action against such third person to enforce payment of the note. Litchfield v. Flint (N. Y.) 41 A guaranty of passed indebtedness without other consideration does not create valid obligation. (N. Y.) 39 Agreement to forbear collection of debt is good consideration. (N. Y.) 39 So far as the language of a guaranty is broader than its recitals, it is powerless to sustain the liability. (N. Y.) 36 That a State is a party to a contract does not change the rule of law. (N. Y.) 36 Notice of acceptance. (N. Y.) 36 670 When action upon accrues. (N. Y.) Where one person, for a valuable consideration, makes a promise to another, for a third party's benefit, such third party may maintain an action to enforce the promise. (N. Y.) 43 GUARDIAN AND WARD. See INFANTS; PARENT AND CHILD. 1. The appointment of a guardian over a child whose legal domicil is in another State, who has a guardian appointed under the laws of that State, does not deprive the court of the power in its discretion to decree the custody of the child to a foreign guardian. Authorities cited. People v. Allen (N. Y.) 81 Id. 6. Under said agreement, the attorney was entitled to his stipulated share in funds arising from the sale of lands of the deceased father of the infants in another State, for which notes were given. Id. 7. The fee of counsel employed by a third person to assist such attorney in litigation to recover said real estate should not be deducted from the amount to be paid to said attorney under said agreement. Id. 8. A general guardian has a right to the posrents and profits thereof, and can maintain session of his ward's land and to the receipt of ejectment to recover possession of such land. Authorities cited. Id. 683 13. Even if the decree could be reversed, a purchaser in good faith under it, while it was subsisting and binding the parties thereto, will not be affected by such reversal. Id. ment in the orphans' court against his princi 14. A surety of a guardian paying a judgpal may file a bill to compel his cosurety to pay one half thereof, without first obtaining a judgment at law against him. Neilson v. Williams (N. J.) 369 BRIEFS AND NOTES. Appointments; petition; notice; decree. (Pa.) 895 Amendment of decree appointing. (Pa.) 895 Right of general guardian to employ attor make agreement for his payment. (N. Y.) 683 ney to obtain possession of ward's lands and Guardian standing in loco parentis. (Pa.) 913, 914 683 Sale of real estate. (N. Y.) 682 5. An agreement by a general guardian toward's support. (Pa.) 913, 914 914 Guardian liable to account notwithstand | intelligently whether he was the man who used ing lapse of time. (Pa.) the words at the time of the murder, this court has no power to review the action of the court HABEAS CORPUS. below. Id. Relator and defendant were married in Illinois where they resided and had children; re lator obtained in that State, a final decree dissolving the marriage and awarding her the custody of the children. Thereafter she sued out habeas corpus in New York, where defendant had taken the children, to obtain the custody of them. The court below awarded the custody of the children to her. Held, that defendant's appeal should be dismissed, as the court below exercised its discretion upon the facts and did not give the Illinois decree the force of an estoppel. People v. Allen (N. Y.) BRIEFS AND NOTES. 78 To obtain custody of children. (N. Y.) 84 HEALTH. See NUISANCE. 6. The district attorney, upon the cross examination of the prisoner, may ask him if he had been arrested for shooting a man, where his counsel had already proved the same fact by another witness. Id. 7. It is competent to show that the prisoner had made previous threats or attempted to kill his victim. Authorities cited. People v. O'Sullivan (N. Y.) 57 8. The court may receive, in the presence of the jury, preliminary proof of the expectation of death, before deciding to admit the dying declarations. People v. Smith (N. Y.) 215 Where the City of Rochester caused a nuisance within the Town of Brighton, by the discharge of sewerage, after it was collected in the sewers, into open drains constructed by the city across lands in the town, and continued this discharge after it was prohibited by an or der of the board of health of the town, and continued also to use the ditches it had con- der its own peculiar circumstances, how far 9. The inquiry will remain in each case, unstructed in the town, held, that the order of the preliminary examination should extend in the board of health of the town could be prop-order to ascertain the mental condition and beerly served on the city; and that the board lief of the deceased, before admitting his dycould maintain an action against the city, to ing declarations. enforce its regulation and to restrain a continuance of the nuisance. Gould v. City of Rochester (N. Y.) BRIEFS AND NOTES. 99 2. Where it is in evidence that the man who committed the crime wore a certain coat, evidence is admissible to prove that such a coat was given to the prisoner before the crime, and was afterwards found in a house which he robbed, taking instead a coat belonging to the owner of the house. Id. 3. Where the prisoner is told by the dis trict attorney to repeat sentences, and he does so without objection, the purpose being to afford a witness then on the stand an opportunity of seeing the prisoner and hearing the sound of his voice so as to testify more Id. 10. Where the trial court heard the whole statement of the dying declarations upon the preliminary issue, and permitted a cross examination on the subject, and then decided upon their admissibility and directed a portion of them to be read to the jury as evidence, and ordered the remainder to be struck held, that that was not first admitting erout and instructed the jury to disregard it, roneous proof to go to the jury and then striking it out, and that no error was committed. Andrews and Peckham, JJ., dissent. ld. 11. Dying declarations relating to transactions prior to homicide and not part of the cited. Dis. Op. Id. res gestæ, are not admissible. Authorities 220 Dying (N. Y.) declarations; Sufficiency of preliminary proof. (N. Y.) admissibility. heirs, and in the same contingency to vest in 215 her an estate in the other half during two minorities of his children, with remainder in fee 216 to such children, etc. Held, such deed was a mere conveyance to the use of the beneficiaries named. Of prior attempts of prisoner to kill deceased is not admissible. (N. Y.) 215 Right of district attorney to prove efforts of police officers in seeking prisoner. (N. 'Y.) 50 Helck v. Reinheimer (N. Y.) 743 wife; that all he had or might have was to be 7. A promise by one to his intended hers, is not sufficient consideration for a Right of district attorney on cross examina- deed to her fourteen years after marriage and tion to inquire as to previous arrest of de-after he had failed. fendant for shooting. (N. Y.) Neilson v. Williams (N. J.) Accused as witness. (Pa.) Presence of. (Pa.) 50 369. HORSE RAILWAYS. See STREET RAIL the commissions of a broker for effecting WAYS. HUSBAND AND WIFE. I. MARRIAGE SETTLEMENTS; ANTENUPTIAL II. HUSBAND. 9. When the trustee is the husband of the cestui que trust, nothing short of clear III. WIFE; CONTRACTS; SEPARATE ESTATE; and satisfactory proof will establish that the TORTS. IV. DEALINGS AND TRANSACTIONS BY AND V. SEPARATION. VI. DIVORCE. BRIEFS AND NOTES. 141 2. A subsequent increase in the value of the husband's property does not affect the validity of a settlement. Id. 3. It is not essential that the settlement should be recorded and delivered to the trustee named therein. Id. 4. A widower, fifty-two years of age, with six children, and worth about $75,000, married a woman forty-three years old, who had no property. In an antenuptial settlement, she released, in consideration of real estate producing $1,200 a year, all her interest in his estate. The deed of settlement remained in the husband's possession and was never recorded. He died worth about $400,000. In addition to the real estate settled he bequeathed to her the interest of $15,000 for life; the residue of his estate he gave to his children. Held, the settlement was valid and bind ing upon the wife. Id. 15. In an action to obtain possession of land 5. A presumption of fraud or concealment does not arise under circumstances in bought at an execution sale, where the wife of which the disproportion of the wife's pro- her separate estate, which claim was alleged the execution debtor claimed the property as vision to the husband's means might well have been intended by the parties. by the plaintiff to be fraudulent, held, that Id. evidence by defendants, the execution debtor and his wife, to show that before the plaintiff had become a creditor, the debtor had assigned the property to his wife, should have been admitted, it appearing that the property had been acquired with the 6. A deed in pursuance of an antenuptial contract conveyed land from the husband to a third party for the use and purpose mentioned in the contract, by which the husband in effect agreed to vest in his wife a life estate in the south half of the land, in case she sur-wife's money. vived him, with the remainder in fee to his Heath v. Slocum (Pa.) 648 BETWEEN. 16. If the husband had possession of the | IV. DEALINGS AND TRANSACTIONS BY AND wife's money and used it in the purchase of the property, it would support the wife's title. Heath v. Slocum (Pa.) 648 17. Where a woman paid her money for land and accepted a conveyance thereof to herself and another, as her husband, in the belief that she was the legal wife of such other, and that in case she should survive him the property should be wholly hers, and she learns after his death that when he married her he had a wife living, she can maintain a suit against the latter and her children to obtain a decree assuring the complainant the title to the whole of the property. Gebel v. Weiss (N. J.) 126 18. In such case she is competent to prove that her money was used in the purchase and improvement of the property. Id. 19. The deed itself is evidence of an agreement that she should be sole owner of the property in case she should survive him, and such agreement may be effectuated in equity Id. 20. A note by a married woman to a firm of which her husband is a member is void at law. Nat. Bank of Rahway v. Brewster (N. J.) 482 21. Where the wife loaned money to her husband's firm upon their promissory note, in order to recover the money after his default, she must have recourse to equity. Authorities cited. Id. 482 22. A wife has no estate in the lands of her husband during his life which she may convey to another. Witthaus v. Schack (N. Y.) 257 30. A mortgage executed by a married woman, her husband not joining therein, held, on the facts, without vitality, being without consideration, and executed only to protect the property from a dissipated husHeller v. Groves (N. J.) band. 139 36. An offer seeking to introduce the opin23. The property of the wife of a part-ion of a third person to whom the debtor had ner cannot be charged with moneys drawn transferred the land, and who in turn transby the husband from the firm's funds with ferred to the wife, as to the purpose of the knowledge of the other partner, and used in transfers was properly refused. improving her property. Sharp v. Hibbins (N. J.) 919 Heath v. Slocum (Pa.) 648 27. Where the record of a former judgment shows that the justice had jurisdiction, the 39. A husband agreed with his wife to diliability of one of defendants, a married wovide the household goods and separate. man, cannot be retried on a scire facias. He went to his father's house and the father Weber v. Detwiller (Pa.) 833 took away the son's part of the furniture. A 28. For a tort committed by a married wo-his administratrix brought trover against the few days afterward the son died. The wife as man, the husband and wife are jointly liable. father for the furniture. The defense was that Wheeler & W. Mfg. Co. v. Heil (Pa.) 179 the son had given the furniture to his 29. When a tort is committed by the wife father in consideration of the latter's promise she is personally liable, unless her husband to pay the funeral expenses, and that the promis both present and directs the doing of it at ise had been fulfilled. Held, the question the time; his presence furnishes evidence and whether the furniture had been so given was raises presumption of direction, but is not con- for the jury. clusive. Authorities cited. Id. VI. DIVORCE. 40. A wife who, after obtaining in the quarter sessions an order against her husband for support on the ground of his desertion, persistently refuses, for the period of two years, his request to leave her parents' house and live with him, is guilty of desertion; and the husband is entitled to a divorce. Bauder's Appeal (Pa.) 199 41. The record of the proceeding in the court of quarter sessions is not a bar to the divorce. ld. 42. Adultery must ordinarily be established by circumstantial evidence. Pfisterer v. Pfisterer (Md.) 414 47. Relator and defendant were married in Illinois where they resided and had children; relator obtained in that State a final decree dissolving marriage and awarding her the custody of the children. Thereafter she sued out habeas corpus in New York, where defendant had taken the children, to obtain the custody of them. The court below awarded the custody of the children to her. Held, that defendant's appeal should be dismissed as the court below exercised its discretion upon the facts and did not give the Illinois decree the force of an estoppel. 564 257 (Pa.) 200 (Pa.) 200 husband after Actions; parties. (Pa.) Identity of name is identity of person. (Pa.) 84 203 IMPLICATION. See STATUTES, II. INCEST. BRIEFS AND NOTES. Evidence of previous criminal intimacy. (N. Y.) 56 INDICTMENT. See CRIMINAL LAW, IL; Office and OFFICER, 11. INFANTS. See GUARDIAN AND WARD; MASTER AND SERVANT, I.; NEGLIGENCE, 5-8; PARENT AND CHILD. 1. Money paid by a minor in consideration of being admitted as a partner can not be recovered back, unless he was induced to enter into the partnership by fraudulent representations. 430 2. Contracts by a minor, of a personal nat may be avoided before or after ma Adams v. Beall (Md.) Id. Any provision which an adult agrees to accept before marriage is sufficient. (Pa.) 142 ure, Record. (Pa.) 142 jority. 142 tract if he has enjoyed the consideration Validity. (Pa.) 3. An infant cannot disaffirm a con431 Invalidity of antenuptial conveyances by thereof. Authorities cited. Id. wife in fraud of husband. (Md.) 382 4. A trustee paying an infant, without Provision for wife disproportionate to the sanction of the court, may be compelled means of husband. (Pa.) 142 to pay again to the infant when he comes of Alienability of personal property of hus- age. band. (Md.) 382 |