United States D. C. ....10, 11, 13, 14, 16, 45, 53, 91

Texas....

U. S. C. C. App.

Vermont

Virginia..

Washington.

Wisconsin...

44, 78 .43, 48, 58, 68, 84, 99, 101, 111 .37, 62, 66, 70, 74, 80, 82, 94 ....32, 39, 114

1. Adverse Possession-Prescription.-Where intestate's lands vest in his widow and children as tenants in common and the widow sells the land after the children become of age and the purchaser enters into possession under written evidence of title and holds possession for more than seven years, held, that he acquires a prescriptive title against the children and their father's administrator appointed 43 years after his death.-Winn v. Bridges, 87 S. E. 665. 2. Appearance-Injunction.-Defendants pearing by counsel to resist the granting of a temporary injunction are in court for all purposes without issuance of summons.-Arment v. Dodge City, Kan., 154 P. 219.

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5. Attachment Intervention. -Where intervener advanced money to defendants to pay for powder purchased by them for use in their business, under agreement that he should hold title thereto until repaid, the lien so acquired by him was superior to that of other creditors attaching subsequent to the advancement of the money, though their debts accrued prior thereto. -Glass v. Cundiff & Longest, Ky., 181 S. W. 638. 6. Attorney and Client-Compensation. Where an attorney by proper presentation of the facts concerning a homicide case secured a pardon of one convicted, his services in submitting the matter to the Governor do not entitle him to a fee of over $500, and a fee of $1,000 is excessive-Newbold v. McCrorey, S. C., 87 S. E. 542.

amine plaintiff's witness, it appearing that he would be a witness in his own behalf, the court properly denied him the right to crossexamine.-Carter v. Holt, Cal. App., 154 Pac.

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8.- -Scope of Authority.-Attorneys employed to examine abstracts of title held not authorized to consent that deed might provide for assumption of mortgage indebtedness, where contract provided merely for conveyance of mortgage.-Stead v. Sampson, Iowa, 155 N. W. 978.

9. Bail-Surrender of Accused. That accused had been placed under arrest by another officer for commission of another offense shortly before he was surrendered by a third person who had deposited money in lieu of bail for his appearance, held not to render the attempted surrender invalid.-Campbell v. Board of Com'rs of Reno County, Kan., 154 Pac. 257.

10. Bankruptcy-Conditional Sale.-A seller of property under a conditional sale contract, which obtained judgment and levied on the same within four months of the purchaser's bankruptcy, held, to have no greater rights therein than any other execution creditor.-In re Fitzhugh Hall Amusement Company, U. S. D. C., 228 Fed. 169.

11.- Discharge.-A bankrupt held not deprived of his right to a discharge by his failure to keep books during the short time he was in business as a building contractor in a small way.-In re Arnold, U. S. D. C., 228 Fed. 75. 12. Equitable Lien. A bankrupt, who wrote his creditors after a fire, promising to pay them the insurance when collected held to have created an equitable lien on the fund, and not entitled to hold as a homestead property bought with the money.-Parlin & Orendorff Implement Co. v. Moulden, U. S. C. C. A., 228 Fed. 111.

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13.- Jurisdiction.-Where a court of bankruptcy by its trustee has possession of a bankrupt's property, it has jurisdiction to determine all conflicting claims thereto.-In re Wegman Piano Co., U. S. D. C., 228 Fed. 60.

14.- Landlord's Lien.-Under Civ. Code La. art. 2705 et seq., the lien of a landlord who distrained property of a lessee before bankruptcy held superior to the claims of wage-earners.— In re Mock, U. S. D. C., 228 Fed. 94.

15. -Pledge.-A pledge of insurance policies to secure an indebtedness by assigning the same to the creditor is not invalidated by their redelivery to the pledgor, especially where the assignment covers also renewals.-J. M. Ranford Grocery Co. v. Powell, U. S. C. C. A., 228 Fed. 1.

16. Preference.-Where a state court has first obtained rightful jurisdiction over the property through the creation of a preferential lien, under Bankr. Act, § 67, the bankruptcy court will not interfere therewith; but where the property has been taken from the sheriff holding it under execution by a receiver in bankruptcy, the court of bankruptcy will cause it to be turned back to the custody of the state court.-In re Pilcher & Sons, U. S. D. C., 228 Fed. 139.

17. Review of Orders.-An order made in a bankruptcy proceeding, denying a lien claimed by a creditor, is reviewable by petition to revise, under Bankr. Act, § 24b.-J. M. Radford Grocery Co. v. Powell, U. S. C. C. A., 228 Fed. 1.

18.- -Suspicion of Insolvency.-Mere suspicion that a debtor may be insolvent is not sufficient to render payments received by a creditor voidable as preferences, but he must have such a knowledge of facts as to induce a reasonable belief of insolvency.-Rosenman v. Coppard, U. S. C. C. A., 228 Fed. 114.

that a return of the money to the depositor or payment of same to any one under her authority was a matter of defense, and hence plaintiff need not prove that the money came into the receiver's hand.-Stein V. Kemp, Minn., 155 N. W. 1052.

21. Bills and Notes-Burden of Proof.Where it is shown that the original payee procured a note through fraud, the holder has the burden of showing that he acquired it in good faith for value and without notice.Sink v. Allen, Ore., 154 Pac. 415.

22. -Certificate of Deposit.-Where a certificate of deposit, though not negotiable by the law merchant, was assigned by unrestricted indorsements and delivery, the holder could recover thereon unless such right be defeated by some equitable principal that might be invoked by the true owner who was defrauded. -Kreig v. Palmer Nat. Bank, Ind. App., N. E. 31.

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23. -Delivery of Check.-Delivery of check may be complete, though the payee thereafter hands it back to the drawer, if the circumstances be such as give rise to an implication that the drawer is to hold or dispose of it as trustee for the payee.-Behrens v. Kruse, Minn., 155 N. W. 1065.

24. -Evidence.-Mere suspicion that one who took an assignment of a note after its due date had knowledge of the frauds practiced in securing the note, or that the notes had been dishonored, is not sufficient to justify the submission of that issue to the jury, but his knowledge must be established.-Barnard v. Napier, Ky., 181 S. W. 624.

25. Inquiry.-That notes made in one state are offered for sale in another does not put purchaser on inquiry as to any infirmity therein.-Bison State Bank v. Billington, U. S. C. C. A., 228 Fed. 116.

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26. Bonds-Void Statute.-A bond given solely to comply with a statute which is itself void, or which does not require the bond as supposed, is without binding force.-Roystone Co. v. Darling, Cal., 154 Pac. 15.

27. Boundaries-Witnesses.-In an action for damages for entry on part of plaintiff's lot in defendant town which it claimed was part of a street, a qualified witness was properly asked as to the reputation of an old locust tree as being pointer to a town corner where the evidence bore on the correctness of a controverted plat of the town as originally laid out.-Threadgill v. Town of Wadesboro, N. C., 87 S. E. 521.

28. Brokers-Commission.-Where the vendor accepted the purchaser procured by the broker and deeded the property to him and placed him in possession, taking notes for the purchase money, held that the broker was entitled to his commission regardless of the purchaser's solvency and subsequent dealings between him and the vendor. Le Roach v. Clayton, Ga. App., 87 S. E. 717.

29. Rescission.-Where a broker was employed to sell under a contract not conditioning his right to commission upon consummation of a sale, and, after a customer was procured who made a valid agreement to buy, such customer and the owner rescinded their contract, the broker was entitled to his commission. Edward T. Harrington Co. v. Waban Rose Conservatories, Mass., 111 N. E. 37.

30. Carriers of Goods-Delivery.-Upon the shipper's mistake in direction of parcel, an express company was not liable for carrying it to wrong place, though if the mistake was that of its agent it was bound to deliver it to the proper place without charge, or to return it to shipper. Southern Express Co. v. Reagin, U. S. C. C. A., 228 Fed. 14.

31. Evidence.-In an action for damages to a shipment received by the carrier in good condition and delivered in a damaged condition, allegations of particular acts of negligence may be treated as surplusage.-Central of Georgia Ry. Co. v. Stamps & Co., Ga. App., 87 S. E. 702.

32. Furnishing Cars. Where a shipper of live stock did not have his car ready when a scheduled stock train arrived, he cannot demand his car be taken, and, though it was ready by the time orders from the train dis

patcher directing the train to proceed without the car were received, he cannot complain.Cohen v. Minneapolis, St. P. & S. S. M. Ry. Co., Wis., 155 N. W. 945.

33.- Rates.-The words "actual cost of the same" in a tariff provision relating to repair of cars by the shipper, include the cost of the necessary material and labor, but not the cost of inspecting or cleaning cars or attaching grain doors.-Rock Milling & Elevator Co. v. Atchison, T. & S. F. Ry. Co., Kan., 154 Pac. 254.

34. -Through Contract.-An express authority of common carrier's agent to give receipt for goods creating a through contract need not be proved, where he acted as such in the proper place for receiving goods, had the carrier's stamp used on such receipts, and where the carrier took possession of and shipped the goods.-Ross v. Maine Cent. R. Co., Me., 96 Atl. 223.

35. Carriers of Passengers — - Alighting.-A passenger who alighted while the car was in motion and before it reached the place for discharge of passengers, and passed around the rear end of the car, and was struck by a car moving on a parallel track in a direction opposite to that of the car from which he alighted, held guilty of contributory negligence as a matter of law.-Galloway v. Hutchinson Interurban Ry. Co., Kan., 154 Pac. 238.

36. Alighting.-Passenger, forced to leave depot with children and wait outside on muddy ground, where she was annoyed by insects and frightened by Mexicans and negroes from construction train, held entitled to damages.St. Louis Southwestern Ry. Co. of Texas V. Padgett, Tex. Civ. App., 181 S. W. 718.

37.-Alighting.-A street car conductor's announcement of a stopping place is not of itself an invitation to a passenger to alight before the car comes to a full stop, and does not show that the conductor intended or had any reason to believe that the passenger would alight before the car stopped.-Sumner v. Grays Harbor Ry. & Light Co., Wash., 154 Pac. 126.

38.- -Assumption of Risk.-A railroad company carrying passengers on a freight train must exercise the highest degree of care consistent with the practical operation of the train, but need not furnish the same security as is furnished on a passenger train.-Block V. Chicago, M. & St. P. Ry. Co., Minn., 155 N. W. 1072.

39. -Care of Premises.-Where defendant carrier had extended no express or implied invitation to passengers or others to use a back way to reach its station or trains, it was not required to maintain lights or to guard the way.-Hempton v. Green Bay & W. Ry. Co., Wis., 155 N. W. 927.

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40.- Contributory Negligence.-Where passenger on a freight train was sitting or standing with her toe near the coupling, held, that she was guilty as a matter of law, of contributory negligence barring her right to recover for consequential injuries.-Block v. Chicago, M. & St. P. Ry. Co., Minn., 155 N. W. 1072.

41. Evidence.-Evidence of other passengers having received electric shocks on other occasions, while riding in the car, in which plaintiff, while a passenger, claims to have received a shock, was admissible.-Hill V. Jackson Light & Traction Co., Miss., 70 So. 401.

42. Regular Station.-In the absence of special contract to the contrary, a railroad company is not obliged to stop and discharge a passenger at a station at which the train is not regularly scheduled to stop.-Yazoo & M. V. R. Co. v. Wells., Miss., 70 So. 349.

43. Commerce-Foreign Corporation.-A foreign corporation which manufactured signaling devices in installing such devices on a railroad in the state held to be doing business therein, and not merely selling goods in interstate commerce, and so were subject to Code 1914, § 1104, fixing conditions upon which foreign corporations could do business.-General Ry. Signal Co. v. Commonwealth, Va., 87 S. E. 598.

44. Transaction.-Where an Ohio corporation sold good to a resident of Vermont without having complied with P. S. 774, prescrib

ing conditions to the right of such a corporation to do business in Vermont, although it delivered them to the carrier in Ohio for shipment to the buyer, the contract covered a transaction in interstate commerce, and the corporation could recover.-Kinnear & Gager Mfg. Co. v. Miner, Vt., 96 Atl. 333.

45. Constitutional Law Extradition. Whether a demanding country may be trusted to live up to its treaty obligations, that one whose extradition is demanded shall not be tried or punished for a political offense, is a question for the Secretary of State.-in re Lincoln, U. S. D. C., 228 Fea. T.

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46. Ordinance.-Where an ordinance quiring inspection of meats slaughtered without the city as a condition to their sale within fixed different rules for persons slaughtering less than ve animals per week than for others, allowing the former to bring in the carcasses for inspection, the classification is not unreasonable.-Sterett & Operle Packing Co. v. City of Portland, Ore., 154 Pac. 410. 47.Workmen's Compensation Act.-Workmen's Compensation Act, creating State Industrial Accident Commission, charged with its administration, held not to violate Const. art. 3, § 1, dividing the powers of government into the legislative, executive, and judicial departments. Evanhoff v. State Industrial Acc. Commission, Ore., 154 Pac. 106.

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48. Contracts-Cancellation. ences in opinion as to matters of detail regarding the interpretation of a contract arise between the parties is not ground for canceliation of the instrument.-Hairston v. Hill, Va., 87 S. E. 573.

49.- -Consideration. Where plaintiff was retained as attorney by defendants at regular monthly salary, promise of substantial reward for his best efforts if defendant's ventures should prove successful, was without consideration. Muir v. Morris, Ore., 154 Pac. 117. 50.-Ratification.-A party suing for breach of contract thereby ratifies the contract valid and binding.-Stramel v. Hawes, Kan., 154 Pac. 232.

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will be delivered, it will be presumed that the parties intended delivery to be made on payment of the note.-Prontant v. H. C. Lorick Co., Ga. App., 87 S. E. 716.

58. Covenants-Breach.- Where purchasers assumed payment of the debt secured by a deed of trust upon the land, and then defaulted, the vendor could sell under the trust deed, and buy in the land without breaching his covenants of warranty.-Goode v. Bryant, Va., 87 S. E. 588.

59. Breach.-The breach of a covenant against incumbrances in a warranty deed given by the owner of lands who had subjected them to a school fund mortgage was broken when the grantee of the party to whom the owner conveyed was compelled to pay the balance due on the mortgage to prevent the lands being sold under order of court.-Thompson v. Conran's Estate, Mo. App., 181 S. W. 595.

60. Enforcing Conditions.-Plaintiff held not entitled to enforce a condition in deeds to certain lots prohibiting construction of buildings within 10 feet of the street line, the for the condition no longer existing. Pappas v. Excelsior Brewing Co., N. Y., 156; N. Y. S. 845.

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52. Corporations-Charter.-The powers a corporation are not restricted to those pressly conferred by its charter, but include as necessary all those powers which are appropriate. Taylor Feed Pen Co. v. Taylor Nat. Bank, Tex. Civ. App., 181 S. W. 534.

53. Contract.-A contract of a corporation, in the benefit of which one or more of its directors participates without the consent of the corporation, is voidable at the option of the latter, exercised within a reasonable time. -Marcy V. Guanajuato Development Co., U. S. D. C., 228 Fed. 150.

54. Preference.-A director of an insolvent corporation cannot prefer an antecedent unsecured debt due to himself, where such preference will deprive other creditors of the entire amount due them; the directors being trustees for the benefit of creditors.-Union Coal Co. v. Wooley, Okla., 154 Pac. 62.

55 Ratification.-Where a majority of corporate directors, when consulted individually by the manager, which was the usual course, made no objection to his previous employment of a physician to treat an injured employe, the manager again directed the physician to go on with the treatment, there was a ratification of the original contract.-Indiana DieCasting Development Co. Newcomb, Ind., 111 N. E. 16.

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Death-Bar.-That the party for whose death recovery is sought under Revisal 1915, $$ 59, 60, recovery judgment during his life, for the injuries which later resulted in his death, which judgment was satisfied, is a bar to the maintenance of the action.-Edwards v. Interstate Chemical Corp., N. C., 87 S. E. 635. 641 Deeds-Description.-A grantor owning undivided one-eighth interest in land derived from the government, but supposing that he owns an undivided one-fourth interest subject to a life estate derived from a will, conveys all his title by a deed describing the property as a one-fourth interest arising under the will and containing in the warranty clause an exception as to the life estate. Leslie v. Harrison Nat. Bank, Kan., 154 Pac. 209. 65.- Forfeiture.-Where land is conveyed by a deed providing that if the building therebe destroyed and the grantee fail to rebuild within a reasonable time the grantee shall reconvey, the grantee does not lose title by forfeiture during the time duly granted for rebuilding.-Nye-Schneider-Fowler Grain Co. v. Hopkins, Neb., 155 N. W. 1097.

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66. Pari Materia.-Where a right of way deed referred to a written agreement of the parties and the agreement referred to the deed, the two instruments must be considered in pari materia. Tacoma Mill Co. v. Northern Pac. Ry. Co., Wash., 154 Pac. 173.

67. Divorce Children.-The responsibility of the father for maintenance and education of minor children is not canceled by a divorce decree not providing for the children, though divorce be granted for fault of the mother.Rowell v. Rowell, Kan., 154 Pac. 243.

68.- -Full Faith and Credit. Where the wife left the husband and obtained a judgment, decreeing that she had left him for justifiable cause, and thereafter in another state he brought suit for divorce on the ground of desertion, it was error to give him a decree as prayed, since that would deny full faith and credit to the courts of the first state, which hold such a decree is conclusive as to the wife's desertion. Kelly v. Kelly, Va., 87 S. E. 567. 69. Election of Remedies-Estoppel.-Where defendant procured plaintiff's land by fraud for which she obtained judgment in action for damages, plaintiff was estopped from proceed

ing in equity to have declaration of homestead by defendant, on land purchased with proceeds of land procured from plaintiff, annulled. Hilborn v. Bonney, Cal. App., 154 Pac. 26.

70. Eminent Domain-Right of Way.-Where land is taken for a railroad right of way, the railroad company is entitled to make all the use of the land which the necessities and convenience of the public may require; the original compensation being presumed to cover such added use.-Tacoma Mill Co. v. Northern Pac. Ry. Co., Wash., 154 Pac. 173.

71. Equity-Statute of Limitations.-While, ordinarily, courts of equity follow the analogy of limitations at law, they may in proper cases deny relief, though the statutory period limitations has not run.-Barrett v. Cady, N. H., 96 Atl. 325.

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72. Estoppel-Mines and Mining-Lessees of mining land, who, not knowing the statement was false, represented to adjoining lessees that they thought their shaft was about the center of their tract, were not estopped to enjoin such other lessees, induced to sink their shaft so as to mine the first lessees' lands, from so doing. -Childress v. Flynn, Mo. App., 181 S. W. 584. 73. Wills.-Where a settler on public land willed all his property to his wife for life with remainder to their children and she enjoyed the rents and profits of the land, which was patented to the heirs, she and the children supposing that title passed under the will, no estoppel thereby arose so as to vest an equitable title to the fee in the children subject to a life interest in the mother.-Leslie v. Harrison Nat. Bank, Kan., 154 Pac. 209.

74. Exchange of Property-Misrepresentations. Where defendant's false representations as to value of land offered in exchange for plaintiff's land were misrepresentations of material facts not readily ascertainable, plaintiff might rely thereon. Mumford v. Smith, Wash., 154 Pac. 153.

75. Execution-Levy of Personalty. For valid levy of execution on personalty, the sheriff must take it into possession or place it under his control, in which case he acquires a special property that may be disposed of by sale, but in case of execution upon land the sheriff acquires mere naked authority to sell it. Clifton v. Owens, N. C., 87 S. E. 302. 76. Executors and Administrators—Laches.Where the heir of plaintiff's intestate knew that defendant's intestate held moneys which had belonged to plaintiff's intestate acquiesced in that for over six years until the death of defendant's intestate, the suit, which was for the heir's benefit, is barred by laches. -Barrett v. Cady, N. H., 96 Atl. 325.

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77.-Liquidated Damages.-Where a decedent in his lifetime assented to the correctness of an account rendered him, it became, after such assent, a liquidated demand, and as such entitled to rank with promissory notes in the payment of decedent's debts.--Jasper County Bank v. Rainey Bros., Ga., 87 S. E. 661.

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78. Fraud-Estoppel.-That a deed correctly referred to the place as 265 less, did not preclude the buyers from ering their damages occasioned by misrepresentations as to matters other than acreage. Howton V. E. A. Strout Farm Agency, Vt., 96 Atl. 330:

79. Misrepresentation.-Where remaindermen secured a decree that they each owned a stated undivided interest and directing sale, and where a bank's mortgage was recorded, and the president of the bank proclaimed it an incumbrance on the land, and where the remaindermen purchased at the sale, which was confirmed, held that, in an action by the remaindermen against the bank and its president on the ground that they conspired to defraud by fraudulently incumbering the property, plaintiffs could not recover, since, having purchased the land, they were not injured by any depreciation in price thereof from such incumbrance.-Harris v. Neil, Ga., 87 S. E. 661.

80. Frauds, Statute of,-Original Promise.A promise for a valuable consideration made by one person to another to pay such other's debt to a third person is an original under

taking of the promisor, and is not a promise to pay the debt of another within the statute, though resting in parol.-Union Machinery & Supply Co. v. Darnell, Wash., 154 Pac. 183. to prove

81. Homicide-Motive.-Evidence as a motive, that deceased had a specified sum of money on his person previous to his murder, with knowledge of this fact by defendant, is admissible, notwithstanding that a of money was found in the pockets of deceased after his death.-People v. Andrade, Cal. App., 154 Pac. 283.

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82. Husband and Wife Community Property. Where corporate stock for the purchase of which the wife furnished five-ninths and the husband four-ninths of the sum required, through efforts of the husband as agent of the community increased manyfold in value, and the original investments and dividends were intermingled with community property, held, that on death of the wife the entire corporate interest standing in the husband's name should be administered as community property. In re Buchanan's Estate, Wash., 154 Pac. 129.

83. Indemnity Abutting Owner. A city held liable for injuries caused by a defective sidewalk can recover from an abutting owner whose active fault caused the defect.-City of Topeka v. Central Sash & Door Co., Kan., 154 Pac. 232.

84. Insurance Ambiguity.-The words "Policy written and premium payable semi-annually," which were not printed in the original form of the application for life insurance, but were evidently stamped upon it by the company after the policy had been written, were without effect to render the contract embodied in the policy and application ambiguous.-New York Life Ins. Co. v. Franklin, Va., 87 S. E. 584.

85. Condition Precedent.-Where insurance. policies provided that they should not take effect until delivery and payment of the first premium while insured's health was in the condition described in the application, the health of insured was a condition precedent to the delivery of the policies.-American Bankers' Ins. Co. v. Thomas, Okla., 154 Pac. 44,

86-- -Description of Property Recovery can be had on a policy covering merchandise in different buildings situated on two adjoining lots, though the insured property is described as situated on one of the lots, where the insurance agent and owner intended to insure the property while in either or both buildings. A. B. Tegley Hardware Co. v. Continental Ins. Co., Kan., 154 Pac. 229.

87.- -Estoppel.--A fraternal insurance company whose local secretary knew of the falsity of the statements in a member's application, and whose medical examiner must have discovered them, held estopped, having continued the membership and accepted premiums for over two years, to defend an action on the certificate on that ground.-MeRoy v. Independent Order of Puritans, Colo., 154 Pac. 92. 88.-Estoppel.-Where insured fully, truthfully, and in good faith answered all tions asked by agent who prepared application and who gave incorrect answers in the application, insurer held estopped from relying upon breach of warranty.-National Live Stock Ins. Co. v. Simmons, Ind. App., 111 N. E.

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-Estoppel.-Where insurer's agent failed to record the applicant's answers, but wrote false answers in the application, which he directed the applicant to sign, the insurer is estopped to rely on the defense of the falsity of such representations.-More v. Prudential Casualty Co., N. Y., 156 N. Y. S. 892.

90. -Waiver.-A policy or certificate issued contrary to the rules of a locomotive brotherhood, as contained in its constitution and bylaws, could not be recovered on unless the defect was waived or the association was estop.ped from insisting on a forfeiture.-Robinson v. Brotherhood of Locomotive Firemen and Engineers, N. C., 87 S. E. 537.

91. Internal Revenue-Corporation Tax Law. A gas company, which had leased its plant for a term of years, the business being carried on by its lessee, held not "carrying on

or doing business," within the meaning of federal Corporation Tax Law.-Waterbury Gaslight Co. v. Walsh, U. S. D. C., 228 Fed. 54.

92. Intoxicating Liquors Indictment and Information.-An information charging defendant with unlawfully selling "certain liquids," without charging that the liquids were spiritous, malt, vinous, fermented, or intoxicating liquors, held not to state an offense. Ex parte McKenna, Kan., 154 Pac. 226.

93. Injunction.-Proof that several sales were within a few months, made from defendant's drug store warrants issuance of an injunction restraining maintenance of liquor nuisance on the theory that defendant had knowledge.-Barber v. City Drug Store, Iowa, 155 N. W. 992.

94. Jury-Constitutional Law.-Const. U. S. Amend. 7, does not extend to the states, and there can be no complaint that verdict in an action under the federal Employers' Liability Act brought in the state courts was rendered by only ten of the jurors.-Donaldson v. Great Northern Ry. Co., Wash., 154 Pac. 133.

95. Landlord and Tenant-Abandonment. Material alteration of premises by landlord after tenant's abandonment, not necessary for the preservation of the premises and leaving them so that the tenant could not resume former occupancy, held an acceptance of the abandonment releasing tenant from liability for rent.-Hodgkiss v. Dayton-Brower Co., N. Y., 156; N. Y. S. 909.

96. Libel and Slander-Publication.-Where a newspaper proprietor published an oath alleged to be required of all fourth degree members of a fraternal order, which publication was libelous, although it was intended to apply only to such members as were running for political office at the time, it was libelous as to all members of the degree.-People v. Turner, Cal. App., 154 Pac. 34.

97. Master and Servant-Apportioning Damages. Under the federal Employers' Liability Act the jury may return a general verdict for the personal representative, without apportioning the damages among the beneficiaries.-St. Louis & S. F. Ry. Co. v. Clampitt, Okla., 154 Pac. 40.

98. -Claim for Compensation.-A claim for compensation, filed four months after accident, held too late to constitute the written notice of injury, required by Workmen's Compensation Act, pt. 2, § 15, to be given "as soon as practicable after the happening thereof."-In re Bloom, Mass., 111 N. E. 45.

100. -Negligence-In an action against building owners for a death caused by the collapse of a wall, evidence that the owners had exercised due care in selecting a superintendent of construction held inadmissible on the issue of negligence.-Goodwin v. Mason & Seabury, Iowa, 155 N. W. 966.

101. Res Ipsa Loquitur.-That a telephone operator was injured by a high current of electricity carried through the machine will not establish the liability of the master, which must be shown by independent evidence.Atlantic Coast Line R. Co. v. Newton, Va., 87 S. E. 618.

102.- -Workmen's Compensation Act.-Under Workmen's Compensation Law, § 3, subd. 7, a servant who operated a crane and leaped into a river to save himself when one of its timbers broke, the exposure resulting in pulmonary tuberculosis, suffered an accidental injury in the course of employment.-Rist_v. Larkin & Sangster, N. Y., 156 N. Y. S. 875. 103.- -Workmen's Compensation Act. Where an employer, with office in the state, engaged an employe without the state to do the work in which he was engaged at the time of his death without the state, held, that

compensation could not be awarded under the Workmen's Compensation Law.-Gardner v. Horseheads Const. Co., N. Y., 156; N. Y. S. 899. 104. Mechanics' Liens-Incomplete Building. -That after a building was completed and occupied by the owner, a skylight proved defective and was remedied, does not show that the building was incomplete until the skylight was repaired.-National Lumber Co. v. Kennedy, Cal. App., 154 Pac. 25.

105. Mortgages Successive Mortgages. Where the owner of land created successive mortgages through successive straw owners, after having fraudulently caused each preceding mortgage to be canceled of record to make room for each succeeding one, the rights of the holders of the mortgage paper against the lands in the hands of bona fide purchasers were perfect.-Gallagher v. Conner, La., 70 So. 539.

106. Municipal Corporations-Governmental Duty. Under statutes making it the duty of towns to maintain sufficient culverts, they perform their duty in the premises of they maintain the culverts as the ordinary man would maintain in similar situations.-Hickey v. City of Berlin, N. H., 96 Atl. 295.

107. Physicians and Surgeons-Due Care.A physician holding himself out as qualified to treat diseases according to the homeopathic school of medicine and engaging to treat a patient was bound to exercise the degree of care and skill, according to his system, ordinarily possessed by physicians practicing in similar localities.-Van Sickle v. Doolittle,

Iowa, 155 N. W. 1007.

108. Quo Warranto-Venue.-A proceeding to test the validity of the formation of a consolidated school district, formed from districts in two counties, may be brought in either county, whether the district lies chiefly in one county or not.-State v. Tralstead, S. D., 156 N. W. 75.

109. Railroads Contributory Negligence. An adult person held contributorily negligent in attempting to pass over the coupling between two cars standing on a street crossin.-Pansik v. Missouri Pacific Ry. Co., Neb., 155 N. W. 1095.

110. Taxation-Collateral Attack.-An assessment good in part cannot be collaterally attacked in a proceeding to enforce the tax.Attorney General v. East Boston Co., Mass., 111 N. E. 167.

111. Telegraphs and Telephones - Double Taxation. Though the properties of a telegraph company have been subjected to an ad valorem tax, the imposition of a license tax for revenue upon the business of sending telegrams is not invalid as subjecting the property to double taxation.-Postal Telegraph-Cable Co. of Norfolk v. City of Norfolk, Va., 87 S. E. 555.

112. Trover and Conversion-Joint Deposit. -Where a husband deposited his own money in the name of his wife, there is no presumption that the husband retained a beneficial interest.-Barrett v. Cady, N. H., 96 Atl. 325.

113.

Trusts-Constructive Trust.-Where, by fraud, defendant obtained money from plaintiff and therewith paid part of the purchase price of an automobile for a contract of sale to him on the installment plan, plaintiff could impress a constructive trust, arising from defendant's fraud, upon such contract.-Carter v. Holt, Cal. App., 154 Pac. 37.

114. Income.-The surplus of a corporation. not declared as a dividend, cannot be treated as "income" payable to one who has a life estate in corporate shares held in trust.-In re Barron's Will, Wis., 155 N. W. 1087.