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the grantors' consent, such grantors could have the deed canceled as a cloud on their title.Moore v. Moye, Ark., 184 S. W. 63.

46. Evidence. That the grantor made no investigation of the mortgaged land and did not have the assignments of mortgage recorded tens to negative his claim that misrepresentations were made as to the value of the mortgage security and that he relied on them.Tidgwell v. Bouma, Iowa, 157 N. W. 200.

47. Voidable.-A deed, though secured by fraud and voidable at the instance of the grantor, conveys his entire interest in the land, and he cannot reconvey to another until the ded has been set aside as fraudulent.-Cochran Timber Co. v. Fisher, Mich., 157 N. W. 282.

48. Divorce Cruel Treatment.-Cruel and inhuman treatment does not necessarily involve a finding of physical violence.-Pooley Pooley, Iowa, 157 N. W. 129.

V.

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51. Domicile Change of. The rule that domicile once fixed remains until another is acquired does not apply to a change from a domicile of choice to that of origin, in which case the domicile of origin is acquired the moment the other is given up.-Denny v. Sumner County, Tenn., 184 S. W. 14.

52. Drains Taxation. Drainage districts cannot exercise the right of taxation to aid purely private enterprises.-Elsberry Drainage Dist. v. Harris, Mo., 184 S. W. 89.

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54. -Prescription.-The owner of property, served with water through pipe running across an adjoining lot, who used such pipe for more than 10 years, it being invisible and the use unknown, could not claim an easement by prescription to maintain the pipe.-Davison v. Columbia Lodge No. 8, K. P., Wash., 156 Pac. 383.

55. Election of Remedies-Estoppel in Pais. -An "election" differs from an "estoppel in pais" in that it need not be acted upon by the other party to his detriment.-Phillips v. Rooker, Tenn., 184 S. W. 12.

56. Embezzlement-Accounting. Where a landowner for whom accused applied and obtained a loan directed that the funds be transmitted to accused, the latter was charged with the duty of accounting to the landowner, and his appropriation of the funds was embezzlement. State v. McWilliams, Mo., 184 S. W. 96. 57.Agent.-An insurance agent receives premiums under his employment, and may not appropriate them to his own use, so that failure of the applicant to sign a new application as required would not affect his guilt in appropriating the premiums.-Meredith v. State, Tex. Cr. App., 184 S. W. 204.

60. Right-of-Way.-In proceedings to condemn a right-of-way for a street railroad, the depreciation in value of the property in consequence of the poles and trolley wires projecting into the street, being unsightly and a source of danger to persons, was an element to be considered in fixing damages.-Wadsworth Land Co. v. Charlotte Electric Co., N. C., 88 S. E. 439.

61. Equity-Clean Hands.-The maxim that "he who comes into equity must come with clean hands" cannot be applied to complainant in a suit to quiet title on the ground that he secured a deed thereto by fraud, where the suit is between him and a subsequent grantee, who took with knowledge of the fraud.-Cochran Timber Co. v. Fisher, Mich., 157 N. W. 282.

62. Executors and Administrators-Mortgage. Where notes and a mortgage were executed by a debtor and his wife to the creditor's widow and her son, who assigned them to the creditor's administrator, the maker could not, in the administrator's action to foreclose the mortgage, question his authority to accept an assignment of the notes-Chambers v. Cunningham, Ark., 184 S. W. 49.

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63. Preference.-Where a claim was joined with a claim for funeral charges, and a judgment entered for the aggregate amount, and the order for judgment separately stated the amounts due on each cause of action, the preference due the funeral charge was not lost.-Elton v. Lamb, N. D., 157 N. W. 288.

64. False Imprisonment-False Arrest.-Deputy sheriff, who, in response to telephone message from another officer, detained plaintiff in jail because he answered the description given of an offender, and only until it was ascertained that he was not the party wanted, held not liable for a false arrest and imprisonment.Kittredge v. Frothingham, Me., 96 Atl. 1063.

65. Fraud-Damages.-The buyer of a motion picture theater, induced thereto by the misrepresentations of the seller as to his right to asign the lease and as to the receipts of the show, could recover the benefit of his bargain as an element of damages, in addition to the price paid, unless the loss of business arose from the buyer's lack of skill, experience or industry-Harmon v. Dickerson, Mo. App., 184 S. W. 139.

66.

Fraudulent Conveyances-Husband and Wife. A wife whose claim to personal property under a bill of sale from her husband was not in good faith, or who permitted him to hold the property out to creditors as his own, could not claim it as against such creditors who might enforce their claims by execution.-Bank of Almyra v. Laur, Ark., 184 S. W. 39.

67.-Inquiry.-Creditor, taking a conveyance for fair consideration from his debtor with knowledge of a four-year-old suit pending against the latter, was not under duty to make any inquiry as to any fraudulent design of the debtor toward the plaintiff in the suit.-National Bank of Slatington v. Massopust, N. J., 96 Atl. 1071.

68. Husband and Wife-Alienation of Affections. In action for alienation of affections, burden is on plaintiff to show that defendant was pursuer, not merely pursued, and that defendant deliberately influenced plaintiff's husband. Stewart v. Hagerty, Pa. 96 Atl. 1099.

on

69. Indictment and Information-Defects.Notaries public held without authority to administer oaths in connection with criminal prosecutions, and hence information made Oroath of persons whose affidavits, taken before notaries public, were annexed was defective.United States v. Schallinger Produce Co., U. S. D. C., 230 Fed. 290.

58. Eminent Domain-Compensation. dinance of the city of Niagara Falls, forbidding erection or operation of factory within prescribed residence district without consent of owners of two-thirds of residences, in view of its exceptional scenic beauty, its historical associations, etc., held not taking of private property without just compensation in violation of Const. N. Y., art. 1, § 4. In re Russell, N. Y. Sup., 158 N. Y. Supp. 162.

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to reinstate a forfeited policy upon payment, there is no waiver of default; but, if it indicates an intention to treat the policy as force, there is a waiver.-Noem v. Equitable Life Ins. Co. of Iowa, S. D., 157 N. W. 308.

72.--Notice to Agent.-Knowledge acquired by an insurance agent while acting in connection with a matter in which he is authorized to act will be imputed to the company or presumed to have been communicated by him to it. -West v. National Casualty Co., Ind. App., 112 N. E. 115.

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74. Total Loss.-The question of total partial loss is to be decided by the present condition of the building and whether it has lost its identity as a building, rather than its use after being repaired.-Brown V. Connecticut Fire Ins. Co. of Hartford, Conn., Mo. App., 184 S. W. 122.

75. Waiver.-Where insured relies on the act of an agent as waiver, he must show, either that the agent had express authority to make the waiver, or that the insurer, with knowledge of the facts, ratified the agent's acts.Union Mut. Ins. Co. v. Huntsberry, Okla., 156 Pac. 327.

76. Libel and Slander-Damages. In action for libel alleging damage to value of plaintiff's lease of a hotel property, the correct measure of damages would be the diminution of the net income from hotel business, and not the lessening of the gross receipts after publication of alleged libel.-Adams v. Scott, S. D., 157 N. W. 321.

77.—Innuendo. A newspaper interview, stating that plaintiff had under an assumed name "trailed" defendant and her daughter to a summer resort, and that "when he had left a diamond pin she had was gone," is actionable per se, with allegations, by way of innuendo, that it meant to accuse plaintiff of larceny.Davis v. Kelly, N. Y. Sup. Ct., 158 N. Y. Supp. 145.

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79. Mandamus-Discretion.-Relator entitled to mandamus to compel placing of name on official ballot unless act is one which law enjoins as duty resulting from office, trust, or station.-State v. Lloyd, Ohio, 112 N. E. 141.

80. Master and Servant-Employers' Liability Act.-A contract by which an interstate railway carrier employs another to handle the coal required for its engines, and which provides that the carrier reserves no control over such person except as to the results to be accomplished, does not create the relation of master and servant so as to render the Employers' Liability Act applicable to the employes of such contractor.-Chicago, R. I. & P. Ry. Co. v. Bond, U. S. Sup. Ct., 36 Sup. Ct. 403.

81. Evidence.-The state rules as to sufficiency of evidence to prove negligence apply in actions under the federal Employers' Liability Act, as that act contains no specific provisions as to quantity or method of proof of negligence.-Mulligan v. Atlantic Coast Line R. Co., S. C., 88 S. E. 445.

82. Respondeat Superior.-One who contracted with a licensed truckman to make deliveries held not liable for injuries resulting from the negligence of the driver of the truck, selected, hired and paid by the truckman, who alone could discharge him.-Miranker v. Williams, N. Y. Sup. Ct., 158 N. Y. Supp. 273.

83. Mines and Minerals - Extra Lateral Rights. In an action to determine extra lateral mining rights if the planes as drawn in an order of injunction pendente lite were employed mere

ly as a means of describing the territory to be protected, and if the defendant was not injured thereby, the order should be affirmed, even though not technically justified.-Anaconda Copper Mining Co. v. Pilot-Butte Mining Co., Mont., 156 Pac. 409.

of Contract.-New

84. Monopolies-Breach York fashion company selling patterns to Texas buyer and fixing prices, etc., so that the contract was partially violative of the Texas AntiTrust Act, could not recover for the buyer's breach.-Segal v. McCall Co., Tex., 184 S. W. 188.

85. Mortgages-Practical Construction.-The practical construction by the parties cannot effect the priority of mortgages which are definite and certain in themselves.-Stanley v. True, Me., 96 Atl. 1057.

86.

Municipal Corporations-Improvement. The use to which property is put cannot of itself determine the question of benefits from an improvement; the usual test being the increase of value for any use to which the land might be adapted. City of Vancouver v. Corporation of Catholic Bishop of Nisqually, Wash., 156 Pac. 383.

87.Obstruction of Street.-A paving contractor has the right to occupy the streets with a truck bearing a concrete mixer, and the inere fact that it thereby obstructs travel does not make him a wrongdoer or liable for the inconvenience to the public or individuals-Law v. Bryant Asphaltic Paving Co., Iowa, 157 N. W. 175.

88. Sidewalks.-Where a city established the grade of a street and placed lights and signs thereon and permitted pedestrians for years to use a portion of it as a sidewalk at the point where plaintiff was injured, the city was liable for failure to maintain the sidewalk. Proctor v. City of Poplar Bluff, Mo. App., 184 S. W. 123.

89.- -Sidewalks.-An irregularity of nearly four inches in the sidewalk, two sections of which were not on the same level, cannot be held a defect of so trivial a character that no recovery for injuries occasioned by reason of the defect could be had.-Merwin v. City of Utica, N. Y. Sup. Ct., 158 N. Y. Supp. 257.

90. Negligence Comparative. The comparative negligence rule established by the Employer's Liability Act is not applicable to the case of a rear brakeman who, after going back to signal a train approaching from the rear, remained in the caboose until a collision occurred; his negligence being the sole cause of the injury. Great Northern Ry. Co. v. Wiles, U. S. Sup. Ct., 36 Sup. Ct. 406.

91. Minor.-The conduct of a boy 15 years old was not to be measured by that of the ordinarily prudent man of mature years, and his age was to be considered.-Marshall v. United Rys. Co. of St. Louis, Mo., Ap., 184 S. W. 159.

92. Novation-Test of. The grantee of a widow, who agreed to support her for life, she thereafter agreeing to his sale to a third person and the latter's substitution as the party who was to support her, was relieved from his obligation and was not liable for his grantee's breach.-Nalls v. McGrill, Tex. Civ. App., 184 S. W. 275.

93. Partnership-Survivor.-Surviving brother of two composing partnership operating a hotel, the deceased brother having ordered plans for an addition, and the survivor not having objected, held liable for the charge.-Snaman v. Lane, Tex. Civ. App., 184 S. W. 366.

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96. Payment-Conditional.-In the absence of express agreement, the delivery of certificates of deposit in payment of a debt does not operate as an absolute payment, but as a conditional payment, and will leave a right of action on the original debt if the certificates prove worthless, regardless of the contract of indorsement.-Park v. Best, Iowa, 157 N. W. 233.

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97. Foreclosure.-Where the seller of motion picture theater, who took notes in payment, and a chattel mortgage on the equipment as security, foreclosed the mortgage, he thereby held the notes in full payment of the purchase price.-Harmon v. Dickerson, Mo. App., 184 S. W. 139.

98. Post-Office-Scheme to Defraud. The mailing of letters in execution of a scheme to defraud could be made a criminal offense, as was done by Cr. Code, § 215, though the fraudulent scheme be outside the jurisdiction of Congress. Badders v. United States, U. S. Sup. Ct., 36 Sup. Ct. 367.

99. Principal and Agent-Notice.-Where the driver who had charge of mules of a firm had knowledge of their diseased condition and the liability of such disease being communicated to other animals, the partners are charged with the agent's knowledge.-M. C. Brown & Co. v. Bennett, Ark., 184 S. W. 35.

100. Scope of Authority.-Where an agent authorized to buy cotton bought cotton for future delivery in violation of his instruction, the principal is liable, the seller having no notice of the limitation on the agent's apparent authority. Mann v. Bell, Tex. Civ. App., 184 S. W. 320.

-Collateral Agreement.-The

contract

101. of plaintiff to secure free leases for a company. and of the company to build and operate a smelter, or return the money paid for the leases. being legal, the collateral matter, that part of the money was unlawfully obtained from cities does not avail the company's sureties.-TriBullion Smelting & Development Co. v. McLain, Colo., 156 Pac. 133.

102. Collateral Agreement.-A surety company insures only the original contract, and not a contract substituted by the parties to the original agreement.-Thomas Drug Store v. National Surety Co., S. C., 88 S. E. 442.

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104. -Receivership.-Where damage to shipment of live stock occurred while the carrier was in the hands of receivers, appointed by a federal court, such carrier will be treated as in the hands of the federal courts when the injury occurred, and the shipper cannot recover therefor against the carrier.-Kansas City, M. &O. Ry. Co. v. Russell, Tex. Civ. App., 184 S. W. 299.

105.- -Receivership. The agent of the receivers of a railway corporation is not its agent for the service of process, though before appointment he served the road in the same capacity as he serves the receivers at the time of service of citation upon him.-Webster v. International & G. N. Ry. Co., Tex. Civ. App., 184 S. W. 295.

106. Sales Agency.-Where plaintiff bought and took title to stock at defendant's solicitation, defendant agreeing to take stock later and pay plaintiff cost thereof with interest, transaction was one of agency and not sale.Foley v. Nimocks, 157 N. W. 178.

107. Conditional Sale. In a seller's action to replevin a typewriter sold under a conditional sale contract, evidence of breach of an implied warranty of fitness, without evidence of damages therefrom equal to or in excess of the installments due, presented no defense.— Remington Typewriter Co. v. Rutherford, Okla., 156 Pac. 166.

108. Contract.-Where plaintiff who bought corn from a farmer disposed of part of it to

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110. Specific Performance-Decree.-A tract for the sale of realty incapable of specific performance cannot be the basis of a valid claim to an interest therein, against which, when asserted, the owner is entitled to a decree quieting his title.-Crane v. Roach, Cal. App., 156 Pac. 375.

111. Statutes Computation of Time.-Where statute requires act to be performed a fixed number of days previous to specified day, last day should be excluded and first day included. -State Board of Deputy State Supervisors and Inspectors of Elections of Montgomery County, Ohio, 112 N. E. 136.

112. Taxation-Discrimination. Where the assessing department of a state uniformly applies different standards of valuation to different classes of property, the result is necessarily inequality and discrimination in taxation, which must be presumed to have been intentional.Louisville & N. R. Co. v. Bosworth, U. S. D. C., 230 Fed. 191.

113. Domicile.-"Domicile"

and "residence"

are not synonymous as applied to situs for taxation; "domicile" importing a legal relation between a person and a particular place, based on actual residence with intention to remain there. -Denny v. Sumner County, Tenn., 184 S. W. 14. 114. A

Vendor and Purchaser-Election. written lease of the land by the vendor, after the purchaser's default, is an election to retain the land and entitles the purchaser to a return of his cash payment.-Jicha v. Dance, Iowa, 157 N. W. 159.

115. Fraud.-Where a grantee knew before he acquired the property, of a prior unrecorded deed, which the grantor claimed was secured through fraud, he could not, in suit by the prior grantee avail himself of the defense of fraud, which is purely equitable and available only to grantor.--Cochran Timber Co. v. Fisher, Mich., 157 N. W. 282.

the

116. Waters and Water Courses-Beneficial Use. The government, like an individual, can appropriate only so much water as it applies to beneficial uses, and can only restrain a diversion which operates to its prejudice.-United States v. West Side Irrigating Co., U. S. D. C., 230 Fed. 284.

117.

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Wills-Illiteracy.-In construing the will of an unlettered man, written by himself, special duty devolves upon the court to give effect to the intention, and not to give technical meanings to words mistakenly used.-Conover v. Cade, Ind., 112 N. E. 7.

118. Survivorship.-Provision that, if testator's daughter becomes possessed under an executory devise, and die "without heirs," then the land shall go to the heirs of testator's nephew, means without surviving children.Pitzer v. Morrison, Ill., 111 N. E. 1017.

119. Witnesses Examination. It is within the sound discretion of the trial judge to call any witness and examine him, so that it is not error for the court on its own motion to call in an expert alienist, using care not to prejudice the rights of the defendant thereby.-State v. Horne, N. C., 88 S. E. 433.

120. Subpoena.-A subpoena, served without the district and more than 100 miles from the place of holding court, has no potency, and a witness attending pursuant thereto is regarded as attending voluntarily.-United States Southern Pac. Co., U. S. D. C., 230 Fed. 270.

V.

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INDEX-DIGEST

TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING
ARTICLES, ANNOTATED CASES, LEGAL NEWS, CORRE-

SPONDENCE AND BOOK REVIEWS IN VOL. 82.

A separate subject-index for the "Digest of Current Opinions" will be found on page 462, following this Index-Digest.

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stitute of Criminal Law, 324.

notes of interest to members of the Illinois Bar Association, 252.

program of meeting of the Iowa Bar Association, 448.

banquet of the Kansas City Bar Association, 144.

program of the meeting of the Louisiana Bar Association, 288.

program of the meeting of the Pennsylvania Bar Association, 415.

program of the meeting of the Texas Bar Association, 447.

program of annual meeting of the Wisconsin Bar Association, 340.

report of the meeting of the Kansas Bar Association, 108.

report of the meeting of the Connecticut Bar Association, 198.

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McCandless' Commission, 378.

Federal Trade

Hughes' the Law Restated, 190,
Jones' Blackstone, 198.

Orth's readings on the relation of govern-
ment to property industry, 108.
Tiffany's Form Book, 55.

reviews of reports and selected cases, American Annotated Cases, 1915 D, 234. reviews of statutes,

Notes to Indiana Statutes, 1915, 378. reviews of text-books,

Dos Passos' Commercial Mortmain, 307. Hemenway on Veterinary Law, 396. Kibler's The Commodities Clause, 234. McBain's the Law and the Practice of Municipal Home Rule, 433.

Ripley's Trusts, Pools and Corporations, 234.

Voorhees' the Law of Arrest, 109. Wrightington on Unincorporated Associations, 379.

BREACH OF MARRIAGE PROMISE,

ill health as an excuse for failure to keep marriage promise, 297.

BULK SALES LAW,

see FRAUDULENT CONVEYANCES. transfer to creditor not within its provisions, 190.

CARMACK AMENDMENT, see COMMERCE.

CARRIERS OF GOODS,

see COMMERCE.
constitutionality of statute regulating lia-
bility of connecting carriers in intrastate
freight, 80.

delay at place of unprecedented flood, 135.
initial carriers bound by Carmack Amend-
ment to Use Reasonable Despatch, 223.
notice of loss to initial or connecting car-
rier, 404.
presumption where goods are delivered in
damaged condition to consignee, 260.

CARRIERS OF PASSENGERS,

see STREET RAILWAYS.
passenger on train not stopping at destina-
tion on ticket, 64.

recovery of consideration where contract
is forbidden enforcement, 152.
relation of passenger inferred from one tak-
ing his place at a point to be received by
carrier, 232.

right of a person riding free with employe's
consent, 314.

signaling from flag station on railroad as establishing relation of passengers, 107.

CHATTEL MORTGAGE,

implied consent of mortgagee in creation of lien on personal property, 339.

CODIFICATION,

see UNIFORM STATE LAWS.

COMMERCE,

constitutionality of statute regulating liability of connecting carriers in intrastate freight, 80.

federal employers' liability act superseding remedy under state law, 63.

initial carriers bound by Carmack Amendment to use reasonable despatch, 223. independent contractor performing services for an interstate carrier, 440. misbranding drugs by false statement in package regarding curative effects, 172. notice of loss to initial or connecting carrier, 404.

recovery under workmen's compensation act for injury suffered in interstate commerce where employer was free from negligence, 43.

state tax of company qualified to be surety on recognizance to government, 279. telegram from one point to another in same state with wire crossing boundary, 44. test whether an employe is engaged in interstate commerce, 421, 422.

to what extent does the Carmack Amendment to the Hepburn law effect common law remedies and proceedings on the state courts, 207.

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exemplary damages-a heretical and ill-defined doctrine, 262.

mental suffering without other injury as an element of damage, 333.

punitive damages reduced because compensatory are nominal, 440.

DEATH BY WRONGFUL ACT,

casual connection in conjecture of death, 117.

DEEDS,

necessity of actually affixing seal to make conveyance valid, 278.

DIVORCE,

see MARRIAGE AND DIVORCE.

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