the board of health, in caring for persons vendee, and the vendee cannot plead that sick with the small-pox, or any contagious the claim which the vendor thus paid was disease, [cannot recover of the county for barred by the statnte of limitations-Barly such service, unless the persons cared for v. Shroyer.-Filed Oct. 7, 1885.-Penn. are paupers. Where such a claim is presented and allowed in part, it does not bind the county for the whole or the balance,--Gill 7. Appanoose Co.-Filed Dec. 16, 1885.Iowa. CORPORATION-FAILURE TO PERFECT AN INCORPORATION-INDIVIDUAL LIABILITY OF PARTIES SIGNING THE ARTICLES.-Where several parties sign articles of incorporation, and fail to perfect the incorporation, they are individually liable on any contract they make, although the contract purports to be made by the corporation. The parties however, are not bound as partners by the act of any one of them.-Johnson v. Corser.-Filed Dec. 12, 1885.-Minn. CONTRACT-IN AID OF PRIVATE IMPROVE MENTS.—LIABILITY.—Where a party agrees with another to pay a certain, sum, on condition that the corporation of which the latter is a member, will erect a pork-packing house of certain capacity in the county, and the corporation does erect the house, in accordance with the conditions named, he is liable for the payment of the sum, although the party with whom he made the contract OR LOST-PROOF OF ORGANIZATION BY PAROL may have withdrawn from the corporation. TESTIMONY--In quo warranto proceedings, to -Paddock v. Bartlette.-Filed Eec. 16, ascertain by what right a corporate body ex1885.-Iowa. ercise its franchises, where the record of inPERSON-EX- corporation is lost or destroyed by fire, it is competent to show, by parol testimony, the CONTRACT WITH ECUTED, AND FAIR INSANE AND REASONABLE. CORPORATIONS- CERTIFICATE DESTROYED Where a contract has been made with an organization of the company according to insane person, and the party did not know of the insanity, if the contract is fair and reasonable, and has been executed, it will be upheld.—Alexander, por Guar. v. Haskins. -Filed Dec. 17, 1885.—Iowa. law. Where a toll road company has collected toll for 20 years it raises a presumption that such company was properly organized. —R. H. & E. R. Co. v. People Ex Rel Lawless.-Filed Nov. 14, 1885.-Ill. CORPORATION-ELECTION OF OFFICERS. COUNTY WARRANTS DRAWN ON PARTICULAR FUND SUIT TO RECOVER.-Parties Where the by-laws of a corporation provide holding county warrants, drawn on a special fund, may, upon refusal of the county treas. urer to pay, bring suit against the county for the same, and it is not necessary that he first request the levy of a tax to pay the same. -Mills Co. Nat. Bank v. Mills Co.-Filed Dec. 15, 1885.-Iowa. for the election of directors, by the cumulative method of voting, aud that the seven candidates having the greatest number of votes shall be declared elected, and the result of an election was that five of the candidates had a plurality of votes and two others were a tie, it is held that the election is valid as to the five having a plurality of votes, but CORPORATE STOCK-VENDEE ASSUMMING that in case of the two, who had each an ALL LIABILITY THEREON-ASSESSMENT SUB- equal number of votes, there was no election SEQUENTLY PAID BY THE VENDOR.-Where-Wright v. Commonwealth.—Filed Oct. 5, the owner of corporate stock sells under an 1885.—Pa. agreement that the vendee shall assume all CRIMINAL LAW-IMPROPER ALLEGATIONS liability thereon, an assessment is subse- BY COUNSEL IN ARGUMENT-PRESENCE OF quently made on the stock which the vendor DEFENDANT UPON DELIVERY OE VERDICT.— pays, he may recover the same from the. It is absolutely essential to the validity of CRIMINAL LAW-CIRCUMSTANTIAL EVI the conviction, that the prisoner be present subpoena issued by a district attorney. Conat the rendering of the verdict. If the prose- tempt cannot be alleged except upon disobecuting attorney in his argument to the jury, dience of some mandate or process issued impute to the defendant a higher crime than by a court of record duly organized.—Sherthat of which he stands charged, and concern-win v People.-Filed Nov. 24, 1885.-N. Y. ing which he was not permitted to offer testimony, it will invalidate the conviction.— Smith v. People.-Filed Dec. 11, '85.-Col. DENCE-INSTRUCTIONS.-In a criminal action the state may prove any material fact by circumstantial evidence. Where the trial court is asked to give instruction, which has been already given substantially, it is not error to refuse to give such instruction.—State v Reno.-Filed Dec. 12, 1885.—Iowa. CRIMINAL LAW-COMMITMENT BY MAGISTRATE.—In a warrant of commitment, to await the action of the grand jury,it is sufficient if it clearly designate the crime which has been committed and states that the evidence was sufficient to establish probable cause to believe the defendant guilty. It is not necessary that the crime charged be set out as fully and explicitly as in an indictment. -Collins v. Brackett.-Filed Dec. 5, 1885. -Minn. CRIMINAL LAW-INSUFFICENT COMPLAINT CURED BY PLEA OF GUILTY.—A defective complaint which might have been taken advantage of by demurrer, is held to be cured by verdict or by a plea of guilty.-State v. OF JURY Knowles.-Filed Dec. 4, 1885.—Kans. CRIMINAL LAW-DISCHARGE DEP ARTMENTS OF GOVERNMENT-JUDICIAL termine what the law is, and the rights of the parties in reference to transactions already had, and it is the office of the judicial department to determine what the law shall be in future cases arising under it.-Smith v Strother.-Filed Dec. 18, 1885.—Cal. A trial Judge has no right to discharge the jury,on the ground of their inability to agree upon a verdict, so long as there is reasonable | islative department of the government to dehope of their agreement, and if he does so, without the consent of the prisoner, he is entitled to be discharged. Where a case was submitted at 7 p. m. and at 6 a. m. the next morning the jury reported that they could not agree and were discharged with out the consent of the prisoner, Held that the discharge of the jury was unauthorized. -State v. Schuchardt.-Filed Dec. 1, 1885. Neb. DEBTOR'S BOND-DISCLOSURE- WAIVER BY CREDITOR.-In selecting justices before whom a disclosure might be had, the crediCRIMINAL LAW-DEPOSITION TAKEN AT tor selected a justice residing in another INSTANCE OF PRISONER.—Where a deposition county. The debtor objecting to proceedof a witness, is taken at the instance of the ing before this foreign justice, another is prisoner and admitted upon the trial with- chosen in his place with the consent of the out objection, it is no ground for error. No creditor. Held that the creditor did not error can be made available upon appeal thereby waive any right which he formerly which has not been excepted to at the trial had in the premises.-Blake v. Peck.and ruling of the court had upon it.-People Filed 12, Dec. 1885.-Maine. v. Guidici.-Filed Nov. 24, 1885.-N. Y. DEBTOR AND CREDITOR-COMPROMISE CRIMINAL CONTEMPT-DISREGARD OF SUB-CONCEALMENT.-The law exacts of all partPOENA ISSUED BY DISTRICT ATTORNEY.-Pun- ies to a composition the most scrupulous ishment for criminal contempt cannot be good faith. It will not permit a part of debt summarily administered for disregard of a witheld from the arangement to be enforced and it will compel the cancellation of secur- it is sufficient if plaintiff avers that he has a ities received in violation of the principal of equity. —Almon v. Hamiltou.—Filed Nov. 24, 1885.-N. Y. DEED-INTERPRETATION OF BOUNDARIES. -In construing the description of land, in a deed, monuments, courses and distances, and the designated quantity, are to be considered in the order named. Where reliance is placed chiefly on the quantity, all the recitals in the deed and the circumstances surround-¦· ing the execution of the same should all be considered.-Allen v. Rersey.—Filed Nov. 23, 1885.—Ind. right to the use and enjoyment of the same. An injunction may he had restraining such wrongful diversion, although the plaintiff has Suffered no actual damages, the relief being granted in anticipation of damages which may accrue if continued.-Moore v. Clear Lake Water W'ks.-Filed Nov 30 '85—Cal. Dec. 15, 1885.-N. J. Filed DRAFT NOTICE TO DRAWEE-ASSIGNMENT -Where a creditor draws an order on a debtor, payable to a third party, who presents it for payment and it is refused, and the drawer soon after makes an assignment, DIVORCE―ALIMONY—A FATHER'S GIFT TO the presentation of the order is sufficient HIS LAUGHTER.-A man and woman, each notice to give the holder a lien on the funds having been previously married, aud each which it calls for, in so far as there are funds having a child, marry, and shortly after their due the drawer. The holder of the order marriage they execute a deed, of land owned may maintain his claim as against the by the husband, to his daughter, the issue of assignee.- Fell v. Mc Mannus. his first marriage. This deed was deposited but not recorded for about six years, and about the time it was filed for record proceedings were commenced by the wife for a divorce from her husband and for alimony. She was subsequently granted a decree,and asuming that the conveyance to the daughter six years previous was void, the decree husband, whereby she accepts a certain sum granted the plaintiff a life estate in the said lands, and made all sums payable under the decree a lien upon the land. Held that this That the conveyance vested an absolute fee in the daughter.-Brnnerv Bruner.-Filed Nov. 14, 1885.-Ill. was error. DIVORCE-CRUELTY—WHAT WILL CONSTITUTE.—In an action for divorce by the wife, on the ground of cruelty, where it was shown that the defendant while measurably intoxicated, quarreled with his wife and son, and in a general fight he struck her not caring whether he hit her or the son, it is held insufficient to establish cruelty on which to grant a decreee.—Shorediche v. Shorediche -Filed Nov. 14, 1885.—Ill. DIVERSION OF water-Relief IN EQUITY -In a complaint, asking for an injunction to restrain the wrongful diversion of water, DOWER-MARRIAGE SETTLEMENT IN LIEU OF DOWER MADE WHILE UNDER AGE OF 21.— Where a marriage is intended, and the woman under 21 years of age, if a marriage settlement is agreed upon between her and her intended in lieu of dower, such agreement is not valid and will not bar her right of dower because of her infancy when she entered into the same.-Drew v. Drew-Filed Dec. 10, '85. N. J. ELECTION-HELD FOR STATE PURPOSESA CITY NOT LIABLE FOR EXPENSE-Where the police commissioners of New Haven procured a hall in which to hold an election for state purposes, it is held that they were the agents of the state in so doing, and that the city is not liable for the bill of expense thus created.—Perkins v. City of New Ha. ven.-Filed June Term 1885.-Conn. EQUITY-EQUITABLE AND LEGAL REMEDY CONCURRENT. Where an agent, having charge of his principal's business, fraudulently obtains assignments and release, of the principal, and converts the property to his own right of suffrage. Where such an act allows only seven days for registering and no provisions for registering subsequently, and no provisions whereby those may vote who had a good and sufficient excuse for not registering. Held unreasonable and void.-Daggett use, the proper remedy for relief is by bill in v. Hudson.-Filed Dec. 1, 1885.—Ohio. equity, although an action at law would lie for the same.-Webb, Adm'r. v. Fuller.Filed Dec. 8, 1885.-Me. ELECTIONS-POWERS OF CANVASSING BOARD-MANDAMUS.-The duties and powers of the canvassers of election returns, are EVIDENCE-VARIANCE-COVERTURE-An only ministerial, and they have no power to action on a promissory note against a party, decide upon the validity of such returns on a using his name in full, and the note introquestion of fraud, but must count them as duced in evidence signed by the use of the they are returned. In a mandamus proceed- initials only, of the first part of his ing, to compel the canvassers to omit or to name, does not constitute a material variance. count certain of the votes, the court has no In such a suit, where one of the defendants, power to decide upon their validity. The a women, set up the plea of coverture, and remedy is by contest before the body for that she signed the note as surety for her which the candidate is a member elect.- husband, it is error to exclude evidence of Dalton, v. State Ex. Rel. Richardson-Fil- her coverture. West v. Hays. -Filed ed Dec. 15, 1885.---Ohio. Nov. 23, 1885.— Ind FOR MEDICAL A ELECTION OF OFFICERS IN COUNTY BOARD EVIDENCE -LIABILITY -DE FACTO CHAIRMAN.. -Where a person, TREATMENT RENDERED IN A HOSPITAL.— who has previously presided as chairman of Where the testimony of one witness on a a county board, but whose term of office has certain point is excluded and subsequently legally expired, insists upon and does contin- other witnesses are allowed to testifiy on the ue to preside, this does not invalidate the same point, it is not ground for error. proceedings of the board which are other person afflicted with a contagious disease and wise regular. State Ex Rel Dugar v. Far- being removed to a hospital for such disease, rier.-Filed Dec 19, 1885.-N. J. by order of county authority, is still individually liable for medical treatment received, unless at the time, he expresses his purpose to be treated as a pauper, at the expense of the county.—Osland v. Porter.-Filed Oct. 10, 1885.-Dak. EASMENT IN AN ALLEY WAY-MADE BY ADJOINING OWNERS-ADVERSE POSSESSION. ---Where the owners of adjoining lots open an alley way between their lots, each contributing one half the land for an alley, and each acquiesse in the same for 20 years, the dedication is then established by adverse possession, and neither one can vacate the alley without the consent of the other. Nichols v. Wentworth.-Filed Nov. 24, '85 -N. Y. ERROR-INSTRUCTIONS WITHOUT PREJU DICE.-Iustructions given by the trial court, which are erroneous, are not ground for reversal where no prejudice results from the instructions. Tuck v. Singer Mfg. Co.Filed Dec. 12, 1885.-Iowa. EVIDENCE-REPORT OF TESTIMONY ON FIRST, USED AS EVIDENCE ON A SECOND TRIAL.—The testimony of a witness on a former trial, reyorted by a short-hand reporter, may be read in evidence on second trial, if the witness cannot be produced in courtTo show that the witness has removed to, and resides in another state, is sufficient grounds for admission of the reported testimony, but such fact must be positively proved. Baldwin v. St. L. K. & N. Ry. Co.--Filed Dec. 18, 1885.-Iowa. FALSE REPRESENTATIONS CONTRACT vOID-Where the owner of corporate stock, about to sell some of the same, stated to the purchaser that none of the stock had been sold for less than par value, where in fact it had sold for one-third its par value, and a contract of sale is thereupon entered into, for the sale of some of the stock at par value, the EXECUTORS-FINAL SETTLEMENT OF AC COUNT.-Where, upon filing of the final account of an executor, there remain in his hands some funds belonging to the estate, if the estate cannot be closed up immediately, the court should grant an extension of time for that purpose. The court cannot order the money paid into court to be subsequently disbursed by the court.-Estate of McMah- false statements thus made will void the on.-Filed Dec. 14, 1885.-Nevada. contract. Coolidge v. Goddard. Filed Dec. 9, 1885. — Maine. EXECUTION SALE-PRIORITY OF LIENSPOWER OF SHERIFF.-It is the duty of the FORCIBLE ENTRY AND DETAINER-NOTICE sheriff to take care of property in his custody TO QUIT—In an action of forcible entry and and he is entitled to reimbursement of any detainer the Code provides that three days expenses reasonably incurred thereby. As notice must be given before commencing an between two judgment liens the question of action. Where thirty days notice was given priority should be refered to the court.- it is held that it is valid. The defendant Schneider v. Sears.-Filed Nov. 30, 1885. cannot complain that more time was given —-Oregon. than the statute required.—Snuxer v. Klinkenberg.-Filed Dec. 12, 1885.-Ia. EXECUTION LIMITATION OF LIEN-VENDITIONI EXPONAS.-The lien acquired by a levy of an execution upon realty extends seven years, and a sale may be made of the property within one year after the expiration of the seven years. The writ of Venditioni Exponas, does not affect the lien; it ouly compels the officer to proceed to sale of the property.-Hastings v. Mitchell.Filed Nov. 14, 1885.-Ill. FIRE INSURANCE-VOID FOR MISSTATEMENT oF TITLE.—In a policy of insurance wherein was a clause declaring the policy void if the assured did not correctly state his title to the property insured, the assured having in fact only a life estate in the property and representing that he had an absolute title in fee, the policy is declared void.-Davis v. Iowa State Ins Co.-Filed Dec. 11, '85.- Ia. FIRE INSURANCE-OCCUPANCY OF DWEL LING.-Where it is conditioned in a policy of fire insurance that the policy shall be void if the building is left unoccupied, and where EXECUTION-LEVY AND SALE OF TWO PARCELS OF LAND HELD AS ONE FARM.-Where two parcels of land lie side by side, and are held by the owner as one farm, in the levy of an execution, it is optional with the officer the building, a dwelling honse, was occupied whether he has an appraisal of each parcel separately, or one appraisal of the whole farm.—Hathorn v Carson.-Filed Dec. 8, 1885.-Nd. EXECUTION SALE-CONTINUANCE OF TENANT IN POSSESSION.-Where one in possession of land, has notice that the land has been sold at judicial sale, and continues thereafter to plant crops. he is not entitled to continue in possession as provided in the Code Sec. 3265.-Wheeler v. Kirkendall.-Filed Dec. 14. 1888. Iowa. by men who worked the farm, only while so employed, for the purpose of cooking their meals and logding, held that such occupancy did not comply with the conditions and intent of the policy.-Fitzgerald v. Conn. F. Ins. Co.-Filed Dec. 1, 1885.-Wis. FRAUDULENT CONVEYANCE GRANTEE ENTITLED TO SUBROGATION.—Where property has been conveyed in fraud of creditors, and the grantee has paid out money to extinguish mesne incumbrances, he is entitled to subrogation to extent of such payments, |