12 SAME-SAME.-An exception in a policy of fire insurance that the
"company will not be liable for loss or damage occasioned by the
explosion of a steam boiler, gunpowder, or any other explosive sub-
stance, except only such loss as shall result from fire that may ensue
therefrom; nor shall the company be liable for any loss by such fire,
unless privilege shall have been given in the policy to keep such ar-
ticles," etc. Held, that this exception must be viewed in the light of
the surrounding circumstances, and that, from the nature of the
business of the plaintiff, the parties must have contemplated the
presence in the structure insured of the explosive substance known
as flour dust, and that, therefore, its presence was not within the
terms of such exception. Id.

13. EXPLOSIVE SUBSTANCES-INCIDENT TO BUSINESS CARRIED ON.-Explo-
sions produced incidentally from the manufacturing which the par-
ties contemplate would be carried on in the building insured, and
which are an inseparable or necessary result of the process of manu-
facture, are not within such exceptions. Id.

14. CONDITIONS IN POLICY CONSTRUED-PLEADING.
American Ins. Co. 658.

INSURANCE, (LIFE.)

Wallace v. German-

1. POLICY-" DIE BY HIS OWN HAND."-A man does not "die by his own
hand," within the meaning of a clause in a life insurance policy,
although he puts an end to his life, if impelled to the act by an insane
impulse which he has not the power to resist, or commits the act with-
out a knowledge, at the time, of its moral character, and its conse-
quences and effects. Waters v. Connecticut Mutual Life Ins. Co., 892.
2 INSANITY." In law a man is insane when he is not capable of under-
standing (1) that a design is unlawful, or that an act is morally wrong;
or, (2,) understanding this, when he is unable to control his con-
duct in the light of such knowledge." Id.

See USURY, 2, 3.

INSURANCE COMPANY.

See JURISDICTION, 1.

INTEREST.

See BANKRUPTCY, 27; MORTGAGES, 1; PATENTS, 3, 51, 53.

INTERNAL REVENUE.

1. DEALER IN MALT LIQUORS-REV. ST. § 3242.-Any person who carries
on the business of a brewer, or wholesale or retail dealer in malt
liquors, must first pay a special tax therefor. United States v. Clare,

55.

2 "WHOLESALE DEALER "-REV. ST. § 3244. If the quantity of malt
liquors sold at one time exceeds five gallons, the vendor is a "whole-
sale dealer," although the same is not contained in one package. Id.
See FEES.

INTERROGATORIES

See EQUITY PLEADING, 2, L

INVENTION.

Bee PATENTS, 3, 58, 67.

JUDGMENTS.

1 LIEN-DORMANT EXECUTION.-Under the laws of New York the lien of a judgment, except as against bona fide purchasers for value and nbsequent judgment creditors, attaches to the goods and chattels of the debtor from the time the execution is issued to the sheriff to be executed, though no levy is made, and such lien does not become dormant merely by virtue of instructions to the sheriff to delay his levy. Crane v. Penny, 187.

2 DEFAULT-MOTION TO VACATE-SUBMISSION TO JURISDICTION.-A application by a defendant in an action, against whom a judgment by default has been entered, for a vacation of the same, and for other relief, and procuring a stay of proceedings until the hearing and determination of such motion, is such a submission to the jurisdiction of the court as will cure all defects of jurisdiction to the person of such defendant. Id.

8. ENFORCEMENT AND SATISFACTION.-In the absence of statutory regulation no one but a party, or his attorney or agent, can satisfy a judgment, or direct its enforcement by execution. Willis v. Chandler,

273.

4. SHERIFF-CONTROL OVER JUDGMENT.-A sheriff has no interest in or control over a judgment, which may include his fees, that will authorize him to enforce it. If same is settled or discharged he must look to the plaintiff or his attorney for his fees. Id.

5. CLERK-ISSUING EXECUTION.-A clerk has no authority, in the absence of statutory regulation, to issue execution without the direction of the plaintiff or his attorney. Id.

SATISFACTION-ATTORNEY.-An attorney who has given a release and satisfaction of a judgment cannot, without the consent of the other, cancel the same, and authorize an execution to issue.

I.

7. EVIDENCE.-Judgments and decrees are conclusive evidence of facts only as between parties and privies. Day v. Combination Rubber Co., 570.

See BANKRUPTCY, 17, 18, 27.

JUDICIAL SALES.

See SALES, 1, 2, 3.

JURISDICTION.

1 FOREIGN INSURANCE COMPANY.-A foreign insurance company is subject to the jurisdiction of a circuit court in a district other than that of which it is an inhabitant, when, in accordance with the statutory provision of the state in which such district is situated, it has duly authorized an agent of the company in that state to acknowledge service of process in such state for and on behalf of the company, and has consented that the service of process upon such agent shall be taken and held to be as valid as if served upon the company according to the laws of that or any other state or country. Runkle v. The Lamar Insurance Co., 9.

2. FEDERAL COURT-STATE STATUTE DIRECTING THAT ACTION SHALL BE IN STATE COURT.-The fact that a state statute may provide that all actions of a particular character arising within its limits shall be brought in a certain state court, will not affect the jurisdiction of federal courts in such actions, otherwise competent. Davis v. James, 618. 3. SAME-SAME.-A state statute provided that guardians might be licensed to mortgage the estates of their wards, but that foreclosure of such mortgages should only be made by petition to certain state courts. Held, that a mortgagee was not thereby precluded from bringing action for the foreclosure of such mortgage in the federal courts, the citizenship of parties and amount involved being sufficient to confer jurisdiction. Id.

4. MASTER IN CHANCERY.-Consent will not authorize a master in chancery to act as a referee at law. Farmers' Loan & Trust Company v. Central Railroad of Iowa, 656.

5. STATE STATUTE.-The fact that an action is wholly founded upon a state statute does not necessarily defeat the jurisdiction of the circuit court. Keith v. Town of Rockingham, 834.

See ADMIRALTY, 2, 23, 31; BANKRUPTCY, 17, 18; EQUITABLE Relief, 1, 2, 3; JUDGMENTS, 2; MUNICIPAL BONDS, 1, 2, 3; PATENTS, 24; TAXATION, 3, 4.

LEASE.

1. PART PERFORMANCE.-A lease which has not been reduced to writing, but has been acted upon and partly performed, will be considered as binding as if signed. Farmers' Loan & Trust Co. v. St. Joseph & Denver City Railroad Co., 117.

2. ULTRA VIRES-RATIFICATION BY STOCKHOLDERS.-Under section 152, p. 204, Statutes of Nebraska, a railroad company in that state cannot make a valid lease of its property and franchises for the term of its charber, without the same being ratified by its stockholders; but when the same have been used for a time under such void agreement, the company, or those representing it, may recover a just compensation for the use of such property during the time it is so used. Id.

LEVY.

Bee JUDGMENTS, 1; BANKRUPTCY, .11.

LEX LOCI CONTRACTUS.

See CONTRACTS, 2.

LIBEL.

Bee ADMIRALTY, 31, 55.

LIBELLANT.

See ADMIRALTY, 54.

LICENSE.

Bee CONSTITUTIONAL LAW.

LIENS.

LIEN HOLDERS-RIGHTS OF.-Where there are two funds, to both of which
a prior lien holder may resort, while a junior lien holder can resort to
but one, the former must first enforce his claim out of the fund to
which the latter cannot have recourse. Merchants' Nat. Bk. St. Paul

v. McLaughlin, 128.

See ADMIRALTY, 8, 9, 19, 20, 25, 36, 37, 38, 39, 40, 41, 42, 52; BANKRUPT
CY, 9, 11; DOWER; JUDGMENTS, 1

LIGHTED TORCH.

See ADMIRALTY, 7, 57, 58, 59, 60.

LIQUOR.

See INDIANS.

LOCAL USAGES.

See ADMIRALTY, 62.

LOOKOUT.

Bee ADMIRALTY, 30, 58.

LOTTERIES.

See INDICTMENTS, 3.

MANSLAUGHTER.

See INDICTMENTS, 6.

MARRIAGE.

1. VADIDITY.-Generally, a marriage valid at the place of solemnization is
valid every where. Campbell v. Crampton, 417.

2. PLACE OF PERFORMANCE.-It is not the mere place of solemnization
of a marriage ceremony, but the place where the parties are to be
domiciled, that is to be deemed the place of performance of a marriage
contract. Id.

3. NEPHEW AND AUNT-CONTRACT TO MARRY.-While, under the laws
of the state of New York, a marriage between nephew and aunt may
not be voidable for consanguinity, it by no means follows that an
agreement to marry between the parties so related will be tolerated, or
damages be permitted to be recovered for breach thereof. Id.
See CONTRACTS, 3.

MARRIED WOMEN.

SEPARATE ESTATE-NOTICE TO HUSBAND. - In transactions relating to
her separate estate, a married woman is only bound by notice given
to her husband in so far as he acts as her agent. Chew v. Henrietta
Mining & Smelting Co., 5.

See HOMESTEADS; HUSBAND AND WIFE; PATENTS, 67.

MARITIME SERVICE.

See ADMIRALTY, 23, 38, 39, 41, 42.

MASTER IN CHANCERY.
See JURISDICTION, 4.

MASTER OF VESSEL.

See ADMIRALTY, 43, 47.

MATERIAL MEN.

See ADMIRALTY, 9.

MECHANICAL PATENT.

See PATENTS, 4.

MINOR SON.

See DAMAGES.

MORTGAGES.

1. INTEREST ON DEBT AFTER DUE-INSURANCE PREMIUMS PAID BY MORTGAGEE-ALLOWANCES TO MORTGAGEE. Burgess v. Southbridge Saeings Bank, 500.

& FUTURE ADVANCES.-A mortgage given to secure future advances, at a time when no indebtedness existed, is valid. Schuelenberg & Boeckler v. Martin, 747.

8. DECEDENT'S ESTATE-PROOF OF DEBT.-Proof of a debt against the estate of a deceased mortgagor, and receipt of a dividend from the assets of the same, do not extinguish a mortgage given to secure a part of such debt. Id.

Bee BANKRUPTCY, 31; CHATTEL MORTGAGES; DOWER; DURESS; HOMESTEADS; STOCKHOLDERS.

MORTGAGORS AND MORTGAGEES

1. MORTGAGE-CREDITORS MAY COMBINE TO PURCHASE PROPERTY.-The creditors of a mortgagor may fairly combine to purchase the property of the debtor at mortgage sale, and other creditors are not, by such combination, deprived of the right to bid at such sale. Kropholler ▼. St. Paul, Minneapolis & Manitoba Railway Co., 302.

2. INJURY TO SECURITY.-Where the mortagor is insolvent, a mortgagee may maintain an action for an unauthorized injury to the mortgage security. Morgan v. Gilbert, 835.

See CHATTEL MORTGAGES.

MUNICIPAL BONDS.

1. RAILROAD - STATUTES.

The charter of a railroad company, enacted in 1865, authorized the corporate authorities of any city, town, or county, to subscribe to its capital stock, issue bonds therefor, and levy a tax of not to exceed one-twentieth of 1 per cent. per annum on the taxable property of the municipality to pay same. A subsequent act, passed in 1868, authorized subscriptions by townships in pursuance of a vote of the people, to the stock of any railroad