ATTORNEY-AT-LAW-DISBARMENT-FOR- alleged that they have been tampered with, MER CONVICTION OF CRIME.-The supreme the burden of proof is on the contestant. court may disbar an attorney for wrongfully Coglan v. Beard.-Filed Aug, 18, 1885. appropriating his client's money.

In deter

mining the question, the court will not con

RIPARIAN RIGHTS-EVIDENCE-STATUTE sider the question of any criminal action, OF LIMITATIONS.-In a question of title to but simply determines the question, whether riparian rights, where the defendant sets up the attorney is a suitable person to be en- title by adverse possessiou, the plaintiff in trusted with the duties arising out of his rebuttal is entitled to show, by direct testirelation to his client.-In Re Treadwell.-mony, that defendant acknowledged plaintiffs Filed Aug. 22, 1885. title within the time limited by statute, by coming to him and offering to lease of plaintiff the land in dispute.-Ledu v. Jim Yet, Wa.-Filed Aug. 22, 1885.

HOMICIDE DEGREES OF

CRIME IN

PUBLIC LANDS-RESERVATION IN PATENT -Where it is reserved in a patent to land that, "should any vein, or lode of quartz, or other rock in place bearing gold, silver, etc. be claimed or known to exist within the STRUCTING JURY.-Where instructions given above described premises, at the date to the jury, even though erroneous, if they thereof, the same is expressly excepted and do not tend to prejudice the defendants excluded from these presents, "such reser-case, are not grounds for new trial which revation is held valid, and no title will vest in sults in a conviction of murder in the first the patentee to the portion so reserved.― degree. It is proper for the court to instruct Clary v. Hazlett.-Filed Aug. 12, 1885. the jury that, they should consider all the circumstances which would influence the

NEGLIGENCE-REASONABLE CARE-CON

ACTION TO QUIET TITLE HOMESTEAD testimony of defendant, when he testifies in ENTRY FORECLOSURE OF MORTGAGE. his own defense, and weigh it accordingly. In 1870 defendant made a homestead entry-People v. O'Neill.-Filed Aug. 26, 1885. of land. In 1875 he mortgaged the land to secure a loan of money. In 1881 the mortgage was foreclosed and land sold. In 1883 TRIBUTORY NEGLIGENCE. In an action for defendant commuted his homestead entry into a cash entry, and received a certificate of purchase and claims title under the same. In an action by the mortgagee to quiet his title it is held, that action may be maintained and that title obtained under the foreclosure of the mortgage is good.—Orr v. Stewart. -Filed Aug. 1, 1885.

damages for personal injury, the plaintiff
must show that he exercised reasonable care
to avoid the injury. Although he may have
contributed to the injury without being in
fault, still he may recover. Where plaintiff
was loading lumber, and an engine was
attached to the car on which he was work-
ing, and the car moved some distance, while
he, the plaintiff stood on the end of the
lumber, and by a suden stopping of the car
he is thrown off and injured, Held that he
may recover although he might have saved
himself by climbing on top of the lumber.—
Dufour v. C. P. Ry. Co.-Filed August 22,
1885.

CONTESTED ELECTION-BALLOTS AS EVIDENCE-BALLOTS IN HANDS OF ONE OF THE CONTESTANTS.—The fact that, pending the contest of an election, the ballots were in the hands and custody of the de facto county clerk, who is a party to the contest, will not of itself render them inadmissable. The best evidence of tne number of votes cast for a candidate, is the ballots themselves, if COURT.-In proceedings for violation of an they have not been tampered with. If it is injunction, against officers of a corporation,

PRACTICE

INJUNCTION-CONTEMPT OF

it is necessary that the affidavit state that but merely establishes the relation of debtor the officers of the corporation had full know- and creditor between the parties.- Wyman ledge of the injunction, but it is not necessary v. Snyder.-Filed Nov. 17, 1884. that the affidavit alleges that the defendants' were officers of the corporation.-Hughes v. Circuit Court of Yuba County.-Filed Aug. 27, 1885.

SUPREME COURT OF INDIANA.

DEPOSIT WITH BANK-PROPOSED BORROWER FAILURE OF BANK.—Where a party has negotiated a loan of money on mortgage, and upon receipt of morgage leaves a check on his banker, to be deliverd to the mort

ALIENS, NON-RESIDENT-MAY INHERIT PROPERTY.—The heirs, residing in Ireland, of a decedent in this state may take property gagor, and the bank fails, the depositor must by inheritance, although they do not come e suffer the loss, and not the mortgagor to here in person to claim it, and they may whom the check was drawn.-Security Co. assert their rights to the property within v. Ball.-Fiied June 12, 1885. twenty years after judgment in the case.— State v. Lyons.-Filed Aug. 27, 1885.

SUPREME

PROCEEDINGS IN REM.-PERSONAL JUDGMENT. NOTICE BY PUBLICATION.-No per

COURT OF ILLINOIS. sonal judgment can be rendered where there JUDGMENT BY CONFESSION ENTRY BY has been only constructive service but, propCLERK NOT A JUDICIAL ACT.-Judgments erty fraudulently conveyed may be reached. by confession during term time must be entered in open court, but in vacation may be entered by the clerk. The entry of a judgment by confession is not a judicial act. Vacation means not only the time between terms but a recess for a period of 32 days.— Conkling v. Ridgley.-Filed September 27, 1884.

and subjected to sale by an action commen ced by publication. Where there are issues of an equitable and legal nature in the same action they may be embraced in one action. -Quarle v. Adbott.-Filed June 9, 1885.

POLICE REGULATIONS-STATUTE REQUIRING THE VENDOR OF PATENT RIGHTS TO FILE COPIES OF LETTERS PATENT.—The passage of an act requiring persons offering patent rights, to first file with the clerk duly anthenticated copies of letters patent, and an affidavit that the letters are genuine, and have not been revoked or annulled, is a police regulation and constitutional. Brechbill v. Randall.-Filed May 26, 1885.

EVIDENCE-PRIVILEGED COMMUNICATION TO A PHRSICIAN-NON-EXPERT WITNESS— POVERTY OF DEFENDANT.-The communication of a patient to his physician is privileged. A witness who is not an expert, in giving his opinion, must state the facts upon which that opinion is based. When all the facts can be given, the witness cannot give his opinion. In an action for damages for personal injuries, the financial circumstanses of the defendant should not be considered. Turnpike Co. v. Andrews.-Filed May 26, 1885.

REPLEVIN BOND ESTOPPEL-JURISDIC- the officer administering the oath must be TION OF JUSTICE.—Where in replevin a shown by proper averments, or such facts bond has been executed and the principal stated as to make it Judicially appear has obtained possession and converted the to have had jurisdiction. An indictment, goods to his own use, the co-obligor in the charging a party with concealing personal bond cannot avoid liability, by showing that property from the assessor, and failing to the Justiceof the Peace, by whom the bond allege that the property concealed was aswas approved, had no jurisdiction of his sessable is bad-State v Cunningham-Filed person when he voluntarily submitted his April 24, 1885. person to the jurisdiction of the justice.Harbaugh v. Albertson.-Filed May 25, 1885.

HIGHWAY OBSTRUCTION

ABATEMENT

THEREOF AS A NUISANCE.-In an action for the obstruction of the highway the complaint alleged that the said obstruction was indica

BASTARDY ESCAPE OF DEFENDANT JUDGMENT IN HIS ABSENCE.-In prosecuted on a plat which was put in evidence. tion for bastardy a court may render the It was not shown on the plat where the said same kind of Judgment against defendant, obstruction was. Held that the variance when absent on an escape, as though he between the allegations and the proof was were present, and may enforce the judgment fatal to the action.-Sloan v. Rebman.-Filed by a bench warrant.-Lucas v. Hawkins.- April 24, 1885, Filed May 25, 1885.

SUPREME COURT OF IOWA. ACTION TO QUIET TITLE-TAX DEED— SERVICE BY PUBLICATION.-In an action to cancel a tax deed it is not necessary for plaintiff to show that he has paid all taxes upon the land; it is sufficient if he avers in his petition that he is ready, and willing to reimburse the holder of the title for moneys paid by him whenever the amount shall be Judicially ascertained.-Taylor v. OrmsbyFiled April 24, 1885.

RECEIVER-PARTNERSHIP--GARNISHMENT

RAILROAD COMPANY-STOCK RUNNING AT -ASSIGNMENT BY DEBTOR.-Where a re- LARGE-LIABILITY OF COMPANY FOR KILceiver has been appointed in insolvency proceedings, the possession of the receiver is the possession of the court, and the funds in his hands as receiver are not subject to garnishment. After the appointment of a receiver in a matter of an insolvent partnership, an insolvent debtor cannot give one creditor preference over another by an assignment.-McGowan v. Myers-Filed April 4,2 1885.

LING.-The notice and affiidavit of killing of stock by a railroad company may be served on an officer or agent of the company, by simply delivering it without reading it to him. It is held error for the court to instruct the jury that, if the company neglect to build and maintain the fences sufficient to keep stock off its right of way, it was liable for all injury occasioned to such stock. Where cattle have been killed on the track and in an action to recover damages for the

PERJURY-INDICTMENT-PROPERTY WHEN killing, the burden of proof is on the comASSESSABLE.—In an indictment for perjury, pany to show that it had constructed and

ATTACHMENT-SUFFICIENCY OF AFFIDAVIT

kept up a good and sufficient fence.Brentner v. C. M & St. P. Ry. Co--Filed —Amending.—An affidavit for an attachApril 22, 1885. ment must specify the amount which the plaintiff claims he ought to recover.

FOR

PUBLIC SCHOOLS-AWARDING CONTRACT Where the affidavit is defective in this, it BUILDING SCHOOL HOUSE. Where cannot be amended by, an affidavit verified school boards advertize for bids for building by, oath made before the plaintiff's own a school house, reserving the right to reject attorney. Such affidavit cannot be filed.— any or all bids, the lowest bidder cannot Tootle v. Smith.-Filed July 9, 1885. compel the board to award the contract to him by an action of Mandamus. Demurrer to petition sustained.—Hanlin v. District of DAMAGES.-In an action for damages for Charles City.-Filed April 23, 1885.

SUPREME COURT OF KANSAS. FRAUDULENT CONVEYANCE- -CONVEYANCE BY HUSBAND TO WIFE.-If a wife is a bona

RAILROAD-EJECTMENT FROM TRAIN

being wrongfully ejected from a railroad train, and for injuries received, it is sufficient for plaintiff to show that the train was in defendants use, and it is not essential that defendant owned the train. Conductor of a.

the train is in motion. Punative damages cannot be obtained unless it is shown that the act was done maliciously.—Sullivan v. O. R. & N. Co.-Filed June 11,

fide creditor of her husband she is entitled train has no right to eject a passenger while to the same protection as any other creditor, and a conveyance of land to her by her husband in payment of a just debt, at a fair consideration, is valid. Such debt may be paid by the husband although the statute of limitations may have run against it.-Kenney v. Powell.-Filed July 9, 1885.

1885.

CRIMINAL LAW-REFUSING WARRANT OF ARREST.-Where a citizen files a complaint, in accordance with the statute, charging EXEMPTION MECHANICS TOOLS-PRIN- another with a misdemeanor, and demands TING PRESS. The statute of Kansas pro- that a warrant issue for the arrest of the vides that "The necessary tools and imple- person so charged, if the Judge of the district ments of any mechanic, miner or other court refuse the order, no appeal will lie person, used and kept for the purpose of from his order to the supreme court.-State carrying on his trade or business and in v. Forbriger.-Filed July 9, 1885. addition thereto, stock in trade not exceeding $400 in value" shall be exempt from levy for debt. Under this statute held, that a printing press and material used for publishing a paper is extempt.- Bliss v. Vedder.Filed July 9, 1885.

PEDDLER'S LICENSE- -CITY ORDINANCEVALIDITY OF.-A city ordinance imposing a license on peddlers is class legislation and is valid. Prosecution for violation of such. ordinance, before a police judge, is not invalid because in the complaint the letters J. P. are used instead of P. J. denoting police judge.—Cherokee v. Fox.-Filed July

VENDOR AND VENDEE-GRANTOR INSANE -HOW TO CANCEL DEED.-Where a deed is executed and land conveyed by an insane, 9, 1885. person, and the grantee has no knowledge of the grantor's insanity, he not having been declared insane by legal proceedings, in order to have the deed cancelled, the grantor or those representing him must first return the money paid or offer to return it.-Gribben v. Maxwell.-Filed July 9, 1885.

RAILROAD COMPANY OBLIGATION ΤΟ FENCE THEIR TRACK-LIABILITY FOR DAMAGE To STOCK ALTHOUGH STOCK IS RUNNING AT LARGE IN VIOLATION OF LAW.-A hog escaped from an inclosure without any fault of owner and strays upon the railway track.