12. A party in no legal sense commits a fraud by refusing to perform a contract void by statute. Ib.

TITLE.

1. Adverse possession of real estate. When the possession of land is actual, exclusive and notorious, under a claim of title adverse to any and all other for the time prescribed by statute, such possession establishes a title. To uphold it, a grant from the true owner to such party may be presumed. Cahill v. Palmer. Opinion by Grover, J.

2. Where a farm was inclosed and occupied for nearly a century under an adverse claim of title, the plaintiff's ancestors interposing no claim whatever, the presumption is that their title had been acquired by those in possession claiming the title, and there having been no abandonment of the title, though not an actual occupancy of the land for some years, the defendant will not be liable for a claim founded upon the rights of the first owners of the land for money received by defendant, under chap. 101, laws of 1859 and chap. 616, of 1853, for such lands taken by the city of New York. Ib.

TRUSTS.

1. What language will effect trust, when court will not execute. A contract which conveyed a certain estate set forth that it "makes, constitutes and appoints" the grantee "a trustee," and conferred upon him the power "to have the entire and sole management, direction and control" of all the estate, and went no further. Held, that the language of the clause, appointing a trustee, was sufficient to accomplish that intention, and that the other clause, taken in connection with the first, was sufficient to vest the legal title in him and to authorize him to collect the rents and profits. Dillage v. Greenough. Opinion by Folger, J. 2. A trust must be in writing, with absolute certainty as to its nature and terms, before the court can undertake to execute it. There was no trust manifested in the contract in question which the court could execute. Ib. See Statute of Frauds, 10.

DIGEST OF RECENT AMERICAN DECISIONS.*

BRIDGES.

1. Over navigable streams: right of State to build or regulate.-The right of free navigation of a river is not inconsistent with the right of a State to provide means of crossing the same by bridges or otherwise, provided such bridges do not materially injure navigation. City of Chicago v. Guin (Me.), 295.

2. The common council of Chicago, in pursuance of a power granted in their charter, passed an ordinance to the effect that the draws of the bridges over the Chicago river should be closed every ten minutes, if necessary, for the passage of persons or teams, and that any person in charge of a vessel navigating the river who should attempt to pass any bridge, or approach so near as to occasion damage thereto, while the draw was so closed, should be subject to a penalty prescribed. Held, that the legislature had power to authorize the common council to regulate the passage of vessels through the bridges, and that the ordinance in question was a reasonable exercise of that authority, and therefore valid. Ib.

* From 2 American Reports.

CARRIERS OF PERSONS.

1. Degree of care: exemplary damages.- Carriers of passengers by railroad are bound to exercise the highest degree of care and diligence in the conduct of their business, and are responsible for the smallest negligence. Taylor v. Grand Trunk Railway Co. (N. H.),

229.

2. In an action against a railroad company to recover for injuries sustained by an accident, the court charged the jury that "defendants must use such degree of care as is practicable short of incurring an expense which would render it altogether impossible to conduct the business." Held, to be erroneous, as making the ability of the corporation the measure of the care and diligence required. While, as a rule, railroad corporations are not bound to exercise such a degree of care as would render it practically impossible to continue this mode of transportation, yet the standard of care and diligence for a particular railroad cannot be made to depend upon its pecuniary condition. It is bound to provide all the agencies suited to the nature and extent of the business it purposes to do, irrespective of any fluctuation in its revenue. Held, further, that a charge to the jury, that, if they found that the accident was caused by the gross negligence of defendants, they might in their discretion give exemplary damages, was correct. Ib.

COMMON CARRIERS.

1. Liability for neglect in forwarding goods.-The plaintiff, having a lot of wool which he had contracted to sell at a certain price, deliverable in B., called upon the agent of defendants, common carriers, and told him that he wished to send it to B. immediately, and that it was sold if it could be forwarded at once. The agent told him that it should go, without fail. The plaintiff delivered it accordingly, but the defendants neglected to forward it for several weeks, during which time it depreciated in value, and on its arrival in B. the purchaser declined to receive it on account of this delay, and the plaintiff was compelled to sell it at a diminished price. Held, that plaintiff could recover damages for the depreciation in its market value, and also for the loss of his chance to sell. Deming v. Grand Trunk Railway Co. (N. H.), 267.

2. Liability beyond their line: associated companies.Where there is a continuous line of different carriers, united by an agreement under which they carry goods through the connected line for one price, which they divide among themselves in proportions fixed in their agreement, if one of the carriers receives goods to be transported on the continuous line, marked for any place on it, and receives pay for transportation through, such carrier is prima facie bound to carry the goods, or see that they are carried, to the place of destination, and is liable for any accidental loss happening on any part of the connected line. Nashua Lock Co. v. Worcester and Nashua R. R. Co. (N. H.), 242.

CONTRACT.

1. For sale to delay creditors.-A contract for the sale or conveyance of property, to hinder or delay creditors, is only illegal as to creditors; as between the parties and all others, it is legal and valid, and can be enforced in all its terms as any other contract. Springer v. Drosch (Ind.), 356.

2. By parol: statute of fraud: sale of crop to be raised: consideration.- Plaintiff made a parol contract with defendant, whereby the latter was to raise three

acres of potatoes and deliver them to plaintiff at a stipulated price per bushel. In an action for nondelivery, held, that it was a question for the jury to determine, whether, under the contract, the defendant was bound to raise the potatoes himself, in which case it would be a contract for work, labor and materials, and not within the statute of frauds; or whether he might procure them by purchase or otherwise, which would render it a contract of sale, and therefore void. Pitkins v. Noyes (N. H.), 218.

3. The compromise of a doubtful and conflicting claim is a good consideration for a new agreement. Ib.

Against incumbrance: easement of railroad a breach of. The owner of a parcel of land through which a railroad ran conveyed the land by a deed purporting to convey the entire parcel without reservations as to the right of way of the railroad. In an action of covenant, held, that this right of way was such an incumbrance as would constitute a breach of a covenant against the incumbrance contained in the deed. Beach v. Miller (Me.), 290.

Prior lien for purchase price.- Where a husband purchased lands, giving his notes as security for the purchase price, and afterward, by his sole deed, reconveyed the lands to the vendor as a satisfaction of the notes, held, that the wife's right of dower did not attach. Hugunin v. Cochrane (Me.), 303.

On the trial of an action for goods sold and delivered, the defendant offered in evidence an execution and return of the sheriff, and a schedule of property attached thereto, verified by the plaintiff, in the case of a third person against the plaintiff, of a date subsequent to said alleged sale to the defendant, this claim not being included in the list. Held, that, as an admission of the plaintiff, this was proper evidence. Springer v. Drosch (Ind.), 356.

1. Fire set by insane person.-The plaintiff's buildings, which were insured, were intentionally set on fire by his wife, who was insane, and who had been left alone by the plaintiff. It appeared that she had frequently been left alone before this occasion. In an action on the policy of insurance, held, that the plaintiff, in leaving his wife alone, had not been guilty of such a degree of negligence as would constitute a defense for the defendants. Gove v. The Farmers Mutual Fire Insurance Co. (N. H.), 168.

2. Liability of insurer for damage, etc., caused by removal of goods.-Where insured goods are removed from a building apparently in imminent danger of being destroyed by fire, the insurers are liable for the reasonable damage and expense of removal, although the building is not in fact burned. White v. Republic Fire Ins. Co. (Me.), 22.

LITTORAL RIGHTS.

The defendant, owning land on one side of a river, built a break-water to prevent the water's encroaching upon his land, which had the effect to throw the current over upon and wash away the plaintiff's lands opposite. Held, that the defendant was liable. Gerrish v. Clough (N. H.), 165.

MUNICIPAL CORPORATIONS.

Power of legislature to compel them to incur debt.An act of the legislature for establishing and improv-1

ing a public park in the city of Chicago, after providing for the appointment of a board of commissioners, with authority to purchase lands, provided further, that, for the purpose of paying for such lands, the bonds of the city of Chicago, to such an amo int as should be necessary, should be issued by the mayor, comptroller and clerk of said city, from time to time, as the same should be required by the board of park commissioners, and that they should be delivered to said board upon demand. In pursuance of this authority, the board of park commissioners determined that bonds of said city should be issued to the amount of $500,000, for the purpose specified, and applied to the city officers named to issue said bonds, which they refused to do. On an application to the court for a writ of mandamus to compel such officers to issue and deliver said bonds, held, that the legislature had no power under the constitution to compel a municipal corporation to incur a debt for local improvements without its consent, and that therefore a mandamus would not be granted. People v. Mayor, etc., of Chicago (Ill.), 278.

NATIONAL CURRENCY.

Taxation of.-The circulating notes of national banks, known as "nationa currency," are not exempt from taxation by a State. Board of Commissioners of Montgomery County v. Elston (Ind.), 327.

NEGLIGENCE.

Partnership: negligence of co-servant: liability of master. The plaintiff, a deck hand on the steamboat A., was injured by the explosion of the boiler of the steamboat R., while the boats were near each other. The defendant was owner of the steamboat A., but had an agreement with the owner of the steamboat R. that each should employ the men and manage his own boat, and at the end of the season the profits of the boats should be divided between them. In an action to recover damages for such injury, held,

1. That the defendant and the owners of the R. were partners, and each responsible for the negligence of the officers and crew of each boat.

2. That the plaintiff and the crew of the R. were not fellow-servants within the rule exempting the master from liability for injuries sustained by a fellow-servant. Connolly v. Davidson (Minn.), 154.

NUISANCE.

Summary abatement of. An ordinance of a town declaring a nuisance all intoxicating liquors kept within the limits of the town for the purpose of being sold or given away as a beverage to be drunk within said town, and directing the police officers to abate said nuisance by removing the liquors beyond the town limits, will not justify such officers in seizing and carrying away liquors until it has been determined by a court of justice that the ordinance has been violated. Darst et al. v. The People (Ill.), 301.

PARTNERSHIP.

When creditors of individual partner cannot defeat title acquired to his lands by partnership creditors.Where the creditors of a partnership have levied their execution on lands belonging to one of the partners, and their title has become absolute by lapse of the time prescribed by statute, a creditor of the individual partner cannot defeat their title by levying his attachment or execution on the same lands. Barker v. Smith (N. H.), 189.

1. Action for interest after payment of principal.Where a promissory note contains a provision for interest, an action may be maintained for the interest after the principal has been paid. Robbins v. Cheek (Ind.), 348.

2. Personal liability of agent on.-The secretary of an incorporated company gave a promissory note, using the words " we promise to pay," etc., and signed it with his own name, with "Sec'y" affixed, and impressed thereon the seal of the corporation. Held, that he was not personally liable thereon. Means v. Swormstedt (Ind.), 330.

3. Indorsement of blank form: alteration by maker.-A. indorsed a blank form of a promissory note and delivered it to the maker, stipulating that it should not be made payable at a bank. In filling up the note the maker made it payable at a bank, and in that condition negotiated it. Held, that A. was liable on the note in the possession of a bona fide. Spitler v. James (Ind.),

334.

RAILROADS.

Negligence: injury to arm projecting from window.The plaintiff, while traveling in defendants' railroad car, permitted his arm to rest on the window sill and slightly project outside, whereby his arm was broken by coming in contact with a freight car standing near the track. Held, that the negligence of the defendants was gross in comparison with the plaintiff's, and that the latter could recover. Chicago and Alton R. R. Co. v. Pondrom. (Ill.), 306.

RAILROAD COMPANY.

Right to demand extra fare when paid in cars.-By the regulations of defendants, a railroad company, persons taking passage in their cars, at a place where a ticket office was established, without having first procured a ticket, were charged ten cents in addition to the regular fare. The plaintiff, finding the ticket office closed, entered the cars without a ticket, intending to go to M.; made known to the conductor his destination, and gave him fifty cents, which was the regular fare; the conductor demanded the additional ten cents, which was refused, and the plaintiff was expelled at J., the car fare to which was fifty cents. Held, in an action for damages, 1, that the conductor, having accepted and retained the fifty cents, could not afterward eject the plaintiff, 2, that evidence was inadmissible to show the car fare to J.; and, 3, that the company, in order to enforce said regulations, were bound to keep their ticket office open a reasonable time in advance of the departure of train, to enable passengers to procure their tickets. Du Laurans v. The First Division of the St. Paul and Pacific R. R. Co. (Minn.), 102.

REWARDS.

Reward for apprehension of criminals: Action on.The selectmen of a town, under the authority of a general statute, offered a reward for the apprehension and

conviction of a person guilty of the commission of a high crime. The plaintiff, claiming to have performed that service, brought action to recover the reward. Held, on demurrer, that the action was well brought. Held, also, that if two persons jointly performed the service they must be joined as plaintiffs. Janvrin v. Town of Exeter (N. H.), 185.

RIGHT OF WAY.

1. Right of way over a strip of land described in a deed as a street.-J., owning lands on which was a strip called a street, but which was not laid out or dedicated as a public highway, conveyed the same to S., by a conveyance in which the said strip was mentioned as a boundary and described as "St. Charles street." Subsequently S. conveyed a portion of such lands to the plaintiff, with all the privileges and appurtenances thereunto belonging," referring to the so-called street, in the deed. The land so sold did not abut or front upon such street, nor was there a right of way by necessity over the land intermediate. Held, that the plaintiff did not acquire any right of way over the so-called street. Dawson v. The St. Paul Fire Insurance Co. (Minn.), 109.

2. Where it does not appear that a person will sustain any special or peculiar damage in consequence of the obstruction of a public highway, an injunction to restrain such obstruction will not be granted at his suit. Ib.

RIPARIAN RIGHTS.

1. Legislative authority to build dam.-The defendants, in pursuance of authority granted them by the legislature, built a dam, which backed the water upon the ancient mill of plaintiff. Held, that the defendants were liable for the injury occasioned. Lee v. Pembroke Iron Co. (Me.), 59.

2. A legislative authority to do an act which will naturally result in damages to private property must be coupled with provisions for ascertaining and paying such damages in order to protect persons acting under such authority from liability at common law. Ib.

SLANDER.

1. Evidence under general issue to mitigate damages. In an action of slander the defendant pleaded the general issue only, without notice of special matter. At the trial he offered evidence tending to prove the truth of the charge for the purpose only of rebutting malice and mitigating damages. Held, that such evidence was admissible. Huson v. Dale (Mich.), 66.

2. If the defendant wishes to rely on the truth of the charge as justification, he must plead it; but he may introduce evidence tending to prove its truth, to rebut malice, under the general issue and without notice. Ib.

STAMPS.

On official bonds: limitation of national power of taxation.-Congress has no power to impose a stamp tax upon official bonds given to a State by its officers. State v. Garton (Ind.), 315.

STATUTES OF FRAUD.

Trust by parol.-If A. voluntarily conveys land to B., the latter having taken no measures to procure the conveyance, but accepting it, and verbally promising to hold the property in trust for C., the case falls within the provision of the statute of frauds requiring trusts to be expressed in writing, and a court of equity will not enforce the parol promise. Lantry v. Lantry (UL), 310.

TAXATION.

1. Taxation for local improvements: assessments of estates benefited. The legislature may authorize a municipal corporation to assess the whole or any portion of the expenses of local improvements upon the property deemed to be particularly and specially benefited thereby, in proportion to the benefit received. Hoyt v. City of Saginaw (Mich.), 76.

2. Where the charter of a city provides, that, whenever the common council shall deem any improvement in streets, etc., necessary, they shall so declare by resolution, such declaration must be made before the common council have the authority to order the improvement. Ib.

TAXES.

When assessed not" debt:" constitutional law. - A tax duly assessed is not a debt within the meaning of that proviso of the constitution which prohibits the legislature from passing any law impairing the obligation of a contract. City of Augusta v. Worth (Me.), 55.

SUPREME COURT DECISIONS.

The following decisions were made at a general term of the supreme court, held in and for the third judicial department of the State of New York, at the courthouse in the city of Binghamton, on the first Tuesday of September, 1871.

Cases heard before Miller, Potter and Parker:

Edwin C. Worden v. Asa Fitch-Judgment affirmed, with costs. Opinions by Miller and Potter. Potter dissents.

Edwin T. Robinson v. Thomas McManus-Judgment and order reversed, and new trial granted, with costs to abide the event. Opinion by Parker.

Margaret Conroy, adm'x, etc., v. Thomas Gale-New trial denied and judgment ordered for plaintiff on verdict, with costs. Opinion by Miller.

The People ex rel. Josiah B. Blossom et al. v. Homer A. Nelson, secretary of state-Order of special term reversed, with $10 costs of appeal, and mandamus ordered. Opinion by Parker. Miller, J., dissenting. Mary H. Grymes v. Robert S. Hine, ex'r, etc. Judgment affirmed, with costs. Opinion by Parker. Potter, J., expressed no opinion.

John Orby v. William B. Conant-Judgment reversed, and new trial granted, with costs to abide the event. Opinion by Miller.

Edwin Standiff v. Elmore P. Ross-Judgment affirmed, with costs. Opinion by Parker.

Peter Vanderworker v. John Sisum-Judgment affirmed, with costs. Opinion by Miller.

The Etna Insurance Co. v. William A. Wheeler et al. -Judgment reversed, and new trial granted, with costs to abide the event. Opinion by Potter.

Joseph M. French v. Samuel Donalson-Judgment affirmed, with costs. Opinion by Miller.

Chester Edwards v. Philetus Noyes-Judgment affirmed, with costs. Opinion by Parker.

A. W. Lochlin v. D. A. Moore-Judgment affirmed, with costs. Opinion by Miller.

Henry F. Benton et al. v. Ardelle L. WickwireJudgment affirmed, with costs. Opinion by Parker. John H. Wager v. Eugene B. Coman-Judgment of county court affirmed, with costs. Opinion by Miller. Timothy Cahill v. Joseph B. Wilkinson- Order and judgment affirmed, with costs. Opinion by Parker. Elijah Roe v. Joseph Hanson-Judgment of county court affirmed, with costs. Opinion by Miller.

The Wallkill Valley Railroad Company v. Benjamin J. Freer-Judgment affirmed, with costs. Opinion by Parker.

The People ex rel. William H. Farr et al. v. Judah Schriver, supervisors, etc.-Order of special term affirmed, with $10 costs of appeal.

Case heard before Potter and Parker:

Richard Smith v. Martin L. Borst-New trial denied, and judgment for plaintiff on verdict, with costs. Opinion by Potter.

Case heard before Miller and Parker:

Peter Porter Bratherson v. James Bronley, survivor, etc.-No argument ordered.

Cases heard before Miller, Balcom and Parker: Maria Collins v. Lorenzo B. Collins-Ordered that case can be referred to Judge Potter to settle the order in conformity to the decision of the case at general term.

John Manchester v. Lawrence A. Mattice- Order of county court appealed from affirmed, without costs. John W. Dohn v. The Farmers' Joint-Stock Insurance Company-Motion for re-adjustment denied, with $10 costs.

In the matter of the petition of the Syracuse and Chenango Valley Railroad Company v. Arba Blodgett -Order appealed from affirmed, with $10 costs of appeal.

The same v. Henry C. Blair-The same order. Jacob H. Diefendorf v. Morris Cohn-Order affirmed, without prejudice.

Charles H. Shafer v. The Same-Same order.

Eli C. Frost v. Joseph Thornton-Order appealed from reversed, with $10 costs of appeal, and motion at special term denied, with $10 costs of opposing the same. Charlana Hasbrouck v. Charles Bouton-Motion for leave to appeal to court of appeals denied.

Theodore Snyder, receiver, etc., v. William Stupplebern, impleaded, etc.—Motion denied as per memorandum. Order to be settled by Justice Miller.

Causes heard by Miller, James and Parker: John G. Lopez and others v. The People of the State of New York-Conviction and judgment affirmed. William Delemater v. The same- Conviction and judgment reversed, and new trial granted. Proceedings remitted to court of sessions of Ulster county. Opinion by Miller.

Wiley Van Dover v. The same-Conviction and judgment affirmed.

John Clark v. The same- - Conviction and judgment affirmed.

Eliza A. Page, administratrix, etc., v. The Erie Railway Company-Judgment reversed and new trial granted, with costs to abide the event.

Oliver Porter v. Palmyra Stevens and others, administrators, etc. - Judgment affirmed, with costs.

The People ex rel. William D. Allen and others, commissioners of highway, etc., v. William B. Diefendorf and others, referees, etc. - Decisions of referees affirmed, without costs.

Augustus W. Kingsbury, administrator, etc., v. Nathan Randall and others-Judgment affirmed, with costs.

Samuel Andrews v. Samuel G. Shaw and anotherJudgment of county court affirmed, with costs. William S. Foote v. Edward L. Walters and another, impleaded, etc. - New trial granted, costs to abide the event.

Judson Smith v. Estellas Smith-Order appealed from affirmed, with $10 costs of appeal.

John L. Ellithorp v. Garret Sayles - Order of special term reversed and appeal from county court dismissed, with $10 costs of appeal.

Ebenezer I. Bennett v. Jane A. Lake, ex'x, etc.Order appealed from affirmed, without costs of appeal. In the matter of the application of the Cayuga and Susquehanna, and Delaware, Lackawana and Western Railroad Companies v. George M. Chapman-Order of special term affirmed, with $10 costs of appeal.

Oliver P. Harris et al. v. Samuel Clapp et al. - Order of county judge reversed with directions to said county judge to proceed to appoint a receiver, with $10 costs of appeal.

Augustus Shorter et al. v. Lansing Bonnell-Order appealed from affirmed, with $10 costs of appeal.

In the matter of the settling and of the report of the commissioners of appraisal of the interest of William A. McLean in lands taken for railroad purposes, on the petition of the New York & Oswego Midland Railroad Company-Order of special term affirmed, with $10 costs of appeal.

Howard Elmer et al. v. Gurdon Manning et al.Order appealed from affirmed, with $10 costs of appeal. Albert Anderson v. The Rome, Watertown & Ogdensburgh Railroad Company-Judgment affirmed, with costs.

Helen P. Elderken v. Sally Rowell et al.-Judgment affirmed, with costs.

Dayton S. Kellogg v. Martin H. Brookman-Judgment of county court reversed and that of the justice affirmed, with costs.

Mary E. Smith v. Adam Fingar- Judgment reversed and new trial granted, with costs to abide the event.

Thomas I. Ransona v. Harriet M. Burnham et al., adm'xes, etc.-Judgment and order of special term appealed from, affirmed, with costs.

James Johnson v. Chester Catlin - Order of special term reversed, with $10 costs of appeal and $10 costs of opposing the motion.

John Webster v. George Goodrich-Judgment reversed and new trial granted, with costs to abide the event.

reversed, and new trial granted, with costs to abide the event.

Mary Jane Wood v. Veree Clark-Motion for new trial denied, and judgment ordered for plaintiff on verdict, with costs.

Henry Johnston v. Riley Bush-Motion for new trial denied, and judgment ordered for plaintiff on verdict, with costs.

James D. Matthewson v. William B. EdwardsJudgment of county court and that of justice reversed, with costs.

Franklin A. Durkee v. James C. Marsh and Edward A. Smith-Judgment affirmed, with costs. Gilbert Van Houten v. The People-Judgment affirmed.

Cornelius P. Turnbull v. Alvin Brimmer et al., impleaded, etc.-Judgment affirmed, with costs. Sigismund Siligsohn v. John Evers-Judgment affirmed, with costs.

Julia E. Phillips v. William E. Darrow-Judgment affirmed, with costs.

Delaware Bridge Company v. Aaron Van Ben Schoten -Judgment affirmed, with costs.

Cornelius Case v. Harvey L. Cooley-Judgment affirmed, with costs.

Case heard by Potter and Learned:

Selden E. Marvin, receiver, etc., v. Coe S. Buchanan -Judgment reversed, new trial ordered, costs to abide the event. Opinion by Potter and Learned.

Cases heard by Potter, Parker and Learned: Samuel Hewitt, administrator, etc., respondent, v. The New York Central R. R. Co., app't-New trial ordered, costs to abide the event. Opinion by Learned.

The People ex rel. William Allen and others v. Black River and Morristown Railroad Co.- Order of county judge affirmed, without costs to either party. Opinion by Potter.

The same, ex rel. Abigail W. Church v. The sameOrder of county judge affirmed, without costs to either party. Opinion by Potter.

In the matter of the allegations of Angeline Page v. The validity of the Will of George Paige, deceased, etc.- Decree of the surrogate of Delaware county

Silas R. Hill v. The Syracuse, Binghamton and New York Railroad Co.-Judgment reversed, and new trial granted, with costs to abide the event, unless the plaintiff consents to deduct $196.70 as of date of referee's report. If plaintiff so consents, judgment affirmed for $113.40, with interest from date of referee's report, without costs of appeal to either party.

Edward Trombly v. Peter J. Leonard-Judgment affirmed, with costs.

The Syracuse, Binghamton and New York Railroad Company v. Charles W. Collins-Judgment affirmed, with costs.

Mary Kirby v. George H. Newton-Order of special term granting a new trial affirmed, with costs.

Thomas Finnegan v. Eleazer Mulholland, impleaded, etc.-Judgment of county court affirmed, with costs. Charles E. Bixby v. James Worden-Appeal from order of county court affirmed, with $10 costs of appeal. Alfred Mitchell v. Mary Ann Mitchell-Judgment reversed and new trial granted, with costs to abide the event, and order of referee vacated.

Emily Pelton v. The Rensselaer and Saratoga Railroad Company-Judgment affirmed, with costs.

James Sherar et al. v. Marietta Willis-Judgment

Potter.

Israel McDonald v. George P. Titus-Motion for new trial denied and judgment ordered on the verdict, with costs. Opinion by Potter.

Jane E. Lansing v. Christopher B. Lansing-Order of special term appealed from reversed, with $10 costs of appeal. Opinion by Parker. Learned, J., dissenting.

Sylvia P. Fox v. The Etna Insurance CompanyMotion for new trial denied, and judgment ordered on the verdict, with costs. Opinion by Parker.

Hugh Miller v. Marcus Ball-Judgment reversed, new trial granted, costs to abide the event. Opinion by Parker.

Wm. Z. Brown v. The Town of Canton-Judgment affirmed, with costs. Opinions by Parker and Learned. Learned, J., dissenting.

John Van Heusen and others v. David Blair, adm'r., and others-Judgment affirmed, with costs. Opinion by Learned.

The People ex rel. Isaac P. Purdy v. The Commissioners of Highways of Marlboro-Judgment affirmed, with costs. Opinion by Learned.

Augustus Leattirs and others by Abraham Van Eps. their guardian v. Frothingham Fish-Order that the