Filed Oct. 6, 1886.-Neb. (By an act of 1885, abstracts are required to be prepared and filed in the Supreme Court instead of the transcript and bill of exceptions, and all points to be considered by the court must be embraced in the abstract.) Hershfield v. Lowenthal. Filed June 4, 1886.-Kan. (Where a promissory note is taken in payment of an open account, and it is subsequently found that during the existence of the open account and before the execution of the note the debtor had fraudulently dis posed of part of his property. Held, that an attachment could not issue on the grounds of such fraud at the instance of the creditor who had accepted the note.) Baugh v. Barrett, admr. Filed Oct. 12, 1886.-Iowa. (Where upon trial there is a misjoinder of actions and no objection is made, it is too late upon appeal to raise the objection.) Shamp v. Meyer. Filed Oct. 7, 1886.-Neb. (In the case of Miliani v. Tognini, 8 Pac. Rep. 279, it was held that a party may maintain an action on a contract to which he was not a party when it contains a provision for his benefit. Like rule maintained in Lawrence v. Fox 20 N. Y. 268.) Miller v. Hartford Fire Ins. Co. Filed Oct. 9, 1886.—Iowa. (In furnishing proofs of loss under a fire insurance policy, it is sufficient to state the aggregate amount of loss without itemizing the several kinds of property, and unless the company object at the time, it cannot raise the objection subsequently on trial of an action on the policy.) Hagy v. Avery. Filed Oct. 7, 1886 -Iowa. (A guardian of a minor may, with permission and approval of the court, compromise a suit to which the minor is a party, without notice to the minor.) State v. Am. Glucose Co. Filed Sept. 24, 1886.-N. J. (Under the tax law the term "Carrying on business in this state," means the establishing of a factory, bringing raw materials and converting them into goods or wares.) Odell v. Gotfrey. Filed May 26, 1886.-Oregon. (In taking an appeal from a justice court, the undertaking must be filed within 30 days from date of the judgment.) State v. Hilton. Filed June 4, 1886.—Kans. (A false instrument or writing made for a frandulent purpose, may be the subject to forgery.) Knowlton v. Mandeville. Filed Sept. 8, 1886.-Neb. (Where the verdict is manifestly a proper one in the light of all the evidence, an erroneous instruction given by the court will not be sufficient grounds on which to remand the case.) G. B. & M. Canal Co. v. Hewitt, Jr. Filed Sept. 21, 1886.--Wis. (A reservation in a deed is in effect a grant by the grantee back to the grantor, and if of doubtful construction must be construed in favor of the grantee.) Young v. Lynch. Filed Sept. 21, 1886.—Wis. (Where a complaint is vague the defendant may demur or move to have the complaint made more specific, and such motion may be made at any time within the time allowed for answering.) Manning v. Meredith. Filed Oct. 7, 1886.-Iowa. (In an action on a promissory note where the issue is on a plea of payment, the jury should consider with other matters the length of time since the alleged payment.) Township v. Whipple. Filed Oct. 7, 1886.—Mich. (In an action against a township treasurer for funds unaccounted for while the plaintiff based its claim upon one system of accounting and the defendent set up a different system, and the jury found for the defendant, the appellate court refused to interfere with the judgment.) People v. Jung Qung Sing. Filed Aug. 26, 1886.—Cal. (The statute requires that when the defendant appears for judgment, he must be informed by the court of the nature of the charge against him, etc. Where the court informs the defendant about to be sentenced for the crime of murder that an information charging him with murder was filed against him on a certain day; of his arraignment and plea of guilty; of his trial; and of the verdict, and asks him if he has anything to say why sentence should not be pronounced upon him, the statute is complied with.) Wiggins v. Bridge. Filed Aug. 25, 1886.—Cal. (The right of a material-man to a lien on the land and building, as against the owner, for materials furnished the contractor, depends for its existence upon the fact of an indebtedness from the owner to the contractor at the time of or subsequent to the notice.) Lane, Admr. v. Central Ia. Ry. Co. Filed Oct. 8, 1886-Iowa. (The question of Negligence in an action for damages for personal injury, is always a question for the jury, and the court is not warranted in taking the case from the jury unless the plaintiff entirely fails to establish his case.) The Chicago Law Journal. CHICAGO, DECEMBER, 1886. the new year. AGENCY-POWER OF AGENT LIMITED BY THE CHICAGO LAW JOURNAL, is published on the first of each month, and TERMS OF APPOINTMENT-Where an agent mailed to subscribers at $3.00 per annum, was appointed to sell machines, and it was postage prepaid. It is within the plan provided that the principal would not be and purpose of the JOURNAL, to advise bound to furnish machines if the demand. its patrons of the chief points decided by should exceed the supply and capacity to the courts of last resort, in all the states produce the machines, and further, the agent named on the title page, and HOW and was not to sell to any one except those WHERE the full text of any decision known to be responsible, in an action by the may be speedily and cheaply obtained. Each number of the JOURNAL will contain notes of from 250 to 300 cases, filed within the last month preceding the publication. Subscriptions may commence with any month in the year. We continue to send THE JOURNAL to all subscribers until all arrears are paid and we are requested to stop it. principal against the agent, the latter filed a counter claim for damages for the non-shipment of five machines ordered. Held, that as in the complaint there was no allegation that the parties to whom machines were sold were responsible, nor that the machines were ordered, the counter-claim could not be allowed.-Williams Harvesting Co. v Pope.Filed Oct. 13, 1886.--Ia. AGENT FOR SALE OF LAND—No power TO CONTRACT FOR IMPROVEMENTS-Where an CHICAGO LAW PUBLISHING Co. agent for the sale of land placed one in pos LITTELL'S LIVING AGE FOR 1887. session under a verbal contract that he should become the purchaser of the land at a certain time, and the party makes improvements on the land by building a house and otherwise, no lien can attach to the land therefor. The contract with the agent is a personal one, and if he had any interest in the land to which a lien could attach it For more than forty years this standard weekly magazine has kept its readers abreast with the literary progress of the age. Its frequent issue and ample space render it an unrivalled compilation of a great and constantly growing literature which embraces might do so.—Wilkins v. Litchfield.-Filed the productions of the most eminent writers Oct 9, 1886.-Iowa. APPEAL LIABILITY ON APPEAL BOND in all branches of literary and scientific work. It is indispensable to the American reader as the only satisfactorily fresh and WHEN APPEAL DISMISSED-Where an appeal complete compilation of this literature. Sup- is taken and the appeal bond conditioned plying the place of many reviews, magazines that the appelant shall perform the judgment and papers, it enables one at small expense, of the appellate court, and the appelant failconsidering the quantity and quality of the ing to prosecute the appeal it is dismissed, reading furnished, to keep pace with the best the dismissal is equivalent to an affirmance literature and thought of the time. Its pros- of the judgment below, and the signers of pectus for 1887 is worthy the attention of all the bond are liable thereon.-Coon v. Mc who are selecting their reading-matter for Cormick.-Filed Oct. 14, 1886.—Ia. APPEAL PRESUMPTIONS--JUSTICES DOCK APPEAL FINDINGS FROM DEPOSITIONSRENEWAL OF A LEASE-The supreme court ET AS EVIDENCE-Upon appeal all reasonreluctantly disturb the findings of a lower able presumptions will be indulged in favor court from oral testimony, but where findings of a general verdict, but not in favor of speare based on depositions, the supreme court cial findings. The docket of a justice of the will review the whole record. A lease hav- peace is competent evidence without the ing expired and a renewal on the same terms original papers in the case, if verified by the being agreed upon if the lessor changes the affidavit of the justice.—Redelsheimer v. date of the old lease and delivers it to the Miller.-Filed Sept. 24, 1886.—Ind. lessee it is valid.-Baker v. Rockabrand. Filed Oct. 5, 1886.—Ill. ASSIGNMENT FOR THE BENEFIT OF CREDITORS—FRAUDULENT MORTGAGE—ACTION APPEAL-TIME ALLOWED-CONTRACT FOR BY ASSIGNEE.-Where a debtor in failing cirDELIVERY OF MERCHANTABLE CORN-The cumstances, makes a fraudulent mortgage time allowed for the filing of a petition in and subsequently makes a general assignerror is one year from overruling a motion ment for the benefit of his creditors, the asfor a new trial. Where one agreed to deliv-signee is the only one authorized to bring an er good merchantable corn, and the corn action to set aside the mortgage. If the astendered was refused in an action on the signee refuses to do so the creditors may contract alleging the tender of merchantable obtain leave of the court to bring such accorn, the burden of proof is on the plaintiff tion.-Sweetser v. Camp.-Filed Oct. 7, to show that the corn tendered was merch- 1886.—Ia. antable.-Bates v. Lyman.-Filed Oct. 7, 1886. Kans. REPRESEN ATTACHMENT-FRAUDULENT TATIONS- -Where an attachment issues for a APPEAL—ISSUE-TRIAL WITHOUT ISSUE- debt fraudulently contracted and it is shown The rule of court is that if a cause is not that the purchaser of the goods falsely repstruck off the list for want of an issue when resented the value of land on which he held the list is first called over, neither party shall a mortgage, which he assigned in payment of afterwards object for want of a formal issue, the goods, the attachment was sustained on and the cause shall proceed to trial on the the ground that the debt was fraudulently general issue. In this case an appeal from contracted.-Littlejohn v. Jacobs.-Filed a justice of the peace had been placed on Oct. 12, 1886.-Wis. the issue docket without an issue formed, and the judgment of the justice affirmed. Held, that it was too late after judgment to ubject.-Goodwin v. Slusher.-Filed Oct. 18, 1886.-Pa. ATTACHMENT--BOND--DISSOLVING ATTACHMENT DISBHARGES THE BOND.—Where suit was commenced by attachment and the defendant gave bond, and subsequently the attachment was dissolved and the action pro summons, the dissolution of the attachment discharged the bond. An execution being issued and returned nulla bona, no action can be maintained on the bond.—Fernan v. Butcher.-Filed Oct. 4, 1886.-Pa. APPEAL JUDGMENT AFFIRMED IN PART-ceeded to judgment as if commenced by FORECLOSURE of mortgage-When on appeal the judgment of the lower court is affirmed in part, and in part remanded, the decision is final and conclusive as to the points affirmed. Where a mortgagee is forced to an action to establish his right to redeem from a foreclosure sale, he is entitled to costs in case he is successful.—Mowry, Assignee, v. First Nat. Bank.-Filed Oct. 12, 1886.— Wis. ATTACHEENT-WHEN IT MAY ISSUECONTRACT MADE IN THE STATE OR PAYABLE IN THE STATE-An attachment cannot issue in an action on a contract unless the con |