its validity as a verified complaint.-Wiley v. Carson, S. Dak., 89 N. W. Rep. 475.

7. APPEAL AND ERROR Assignment of Error.-Rulings excluding evidence, though excepted to, cannot be considered on appeal; the only assignment of error being to refusal to take off nonsuit.-Scranton Traction Co. v. Schlichter, Pa., 51 Atl. Rep. 353.

8. APPEAL AND ERROR-Harmless Error.-Error in admitting evidence of an accord and satisfaction without a plea thereof is harmless, where the jury found there was none.-Covell v. Carpenter, R. I., 51 Atl. Вер. 425.

9. APPEAL AND ERROR-Motion to Open Judgment.A motion to open a judgment regularly entered by default is addressed to the discretion of the court, and cannot be reviewed on error.-Smith v. Livesey, N. J., 51 Atl. Rep. 453.

10. APPEAL AND ERROR-New Trial.-Applications for a new trial on the ground of newly-discovered evidence are addressed to the discretion of the court.Bedtkey v. Bedtkey, S. Dak., 89 N. W. Rep. 479.

11. APPEAL AND ERROR - Objection Waived.-Objection cannot be made for first time on appeal that action for joint tort, after nonsult as to all but one defendant, proceeded against it without proof of joint tort, and without amendment.-Rowland v. City of Philadelphia, Pa., 51 Atl. Rep. 589.

12. APPEAL AND ERROR - Record. In the absence of exception shown by the record to the entry of judg ment, error in entering it on the question of law reserved cannot be considered on appeal.-Keefer v. Pacific Mut. Life Ins. Co., Pa., 51 Atl. Rep. 366.

13. APPEAL AND ERROR-Review.-An order refusing to quash a writ of foreign attachment held not review. able on appeal therefrom.-Bellah v. Poole, Pa., 51 Atl. Rep. 593.

14. APPEAL AND ERROR-Review.-In reviewing proceedings of inferior tribunals, the duty of the su. preme court is to determine whether they exceeded their jurisdiction or violated legal principles, and not to review facts to determine the weight of evidence. -City of Atlantic City v. Goldstein, N. J., 51 Atl. Rep. 471.

15. APPEAL AND ERROR-Vacating Probate of Will.An action in a county court, after the time for an ap. peal from an order probating a will to have the probate set aside and to present for probate a later will, is an equitable action, within Code Civ. Proc. § 675, re. viewable by appeal, and not by proceedings in error. -Williams v. Miles, Neb., 89 N. W. Rep. 451.

16. APPEAL AND ERROR-Variance.-Under Comp. Laws, § 4934, a defendant in an action for slander held not entitled to a reversal, because of a variance between the complaint and the proof, without showing that he was thereby mislead.-Bedtkey v. Bedtkey, S. Dak., 89 N. W. Rep. 479.

17. APPEAL AND ERROR- - Violation of Ordinance.Under Comp. Laws, § 5214, providing for appeals in civil actions, and under section 7499, providing for writ of error for criminal actions, a judgment in an action for the violation of a city ordinance could only be brought to the supreme court by appeal.-City of Mad1son v. Horner, S. Dak., 89 N. W. Rep. 474.

18. ASSUMPSIT, ACTION OF-Fraudulent Representations. Where a party has been induced by fraudulent representations to enter into a written contract, he may, after rescission, recover in assumpsit what he has paid on it.-Haurahan v. National Building, Loan & Provident Assn., N. J., 51 Atl. Rep. 480.

19. ATTORNEY AND CLIENT-Disbarment.-An attor. ney has no just cause of complaint in proceedings for disbarment because the legislature has changed the method of procedure after the right of action against him arose.-State v. Fourchy, La., 31 South. Rep. 325. 20. ATTORNEY AND CLIENT-Warrant of Attorney.Act April 4, 1834 (P. L. 1833-34, p. 354), requiring every attorney, if called on to do so, to file his warrant of at

torney, is not satisfied by proof that the action was originally brought with consent of plaintiff.-Fisler v. Reach, Pa., 51 Atl. Rep. 599.

21. BANKRUPTCY-Attachment.-In an action 'aided by attachment, defendant, who had obtained a stay of the action through bankruptcy proceedings, held not entitled to object to leave, on sustaining a demurrer, to file a substitute complaint.-Wakeman v. Throck morton, Conn., 51 Atl. Rep. 554.

22. BANKRUPTCY-Discharge.-Under Bankr. Act 1898, ch. 3, § 17, a judgment for libel against a bankrupt, recovered before the bankruptcy proceedings, is not canceled by a discharge in bankruptcy, so as to relieve the surety on the judgment debtor's bond.-McDonald v. Brown, R. I., 51 Atl. Rep. 213.

23. BANKRUPTCY - Discharge of Lien.-Bankr. Act 1898, § 67f, held not to discbarge an attachment lien obtained by service of process more than four months prior to the petition, though it could only be made available after a subsequent judgment in plaintiff's favor.-Wakeman v. Throckmorton, Conn., 51 Atl. Rep. 554.

24. BANKRUPTCY - Fraudulent Conveyance.-Under Bankr. Act July 1, 1898, § 70, cl. "e," providing that the trustee in bankruptcy may avoid a fraudulent convey. ance by the bankrupt, after discharge in bankruptcy a judgment creditor cannot use his judgment to set aside as fraudulent a conveyance by the debtor; the right to avoid such conveyance being only in the trustee. Barnes Mfg. Co. v. Norden, N. J., 51 Atl. Rep. 454.

27. BILLS AND NOTES Right to Sue.-The payee of a note, who has indorsed it as collateral security, may maintain an action thereon, on receipt of the note from the indorsee, unless the possession is obtained by fraud.-Hutchings v. Reinalter, R. I., 51 Atl. Rep. 429.

28. BONDS-Liability.-Plaintiff, taking bond from contractor for stonework of building, may recover thereon for default, though it has subsequently taken a bond from another for entire completion of building, and he has completed the stonework under contract with plaintiff to do so.-Equitable Trust Co. v. Bowen, Pa., 51 Atl. Rep. 371.

29. CARRIERS-Negligence.-Coupling switch engine to train after it has reached its terminus, while passengers are alighting, jarring it so a passenger is thrown down, held negligence, though coupling is in the usual manner and with no more force than neces. sary to effect it.-Raughley v. West Jersey & S. R. Co. Pa., 51 Atl. Rep. 597.

30. CEMETERIES-Location.-On hearing of an appli. cation to locate a cemetery, made to a state board of, health, under P. L. 1885, p. 165, § 6, the state board acts judicially, and persons interested have a right to be heard.-Dodd v. State Board of Health, N. J., 51 Atl. Rep. 456.

31. CERTIORARI-Laches.-Certiorari to set aside pro. ceedings of a city in purchasing a school site, more than eight months after the money was expended, will be dismissed for laches.-Coward v. City of Bayonne, N. J., 51 Atl. Rep. 490.

32. CERTIORARI-Procedure.-A writ of certiorari to review an ordinance of the township should be directed to the township of L, in the county of C," and not to the clerk or members of the township committee alone.-Young v. Crane, N. J., 51 Atl. Rep. 482.

33. CHAMPERTY AND MAINTENANCE-Suit for an Accounting.-A suit for accounting against a mortgagee in possession is not champertous because no consid. eration passed when the owner conveyed the prem. ises to plaintiff.-Gribbel v. Brown, Pa., 51 Atl. Rep. 587.

34. CHARITIES-Testamentary Trusts.-A corporate legatee, which at the time of the making of the will was unable to receive a charitable bequest, held a proper party to be appointed as trustee after its dis ability was removed.-Appeal of Eliot, Conn., 51 Atl. Rep. 559.

35. CHATTEL MORTGAGES-Liquor License.-A liquor license held not properly capable of being the subject of a chattel mortgage, either under the general law or Act March 28, 1892.-Christian Feigenspan v. Mulligan, N. J., 51 Atl. Rep. 191.

36. COMPROMISE AND SETTLEMENT-Insane Person.An agreement by defendant, in an action to enforce a bid at an execution sale, which is invalid by reason of defendant's mental condition, to pay a certain sum in settlement of suit, will be held invalid for want of mental capacity, in the absence of evidence showing a change of mental condition after the sale.-Cundell v. Haswell, R. I., 51 Atl. Rep. 426.

37. CONSTITUTIONAL LAW-Compensation of Sheriff. - Under Rev. St. 1898, § 694a, authorizing county boards severally to change the method of compensat. ing sheriffs from the fee to the salary system, where a county board has made such a change, it has no power to change back to the fee system.-Northern Trust Co. v. Snyder, Wis., 89 N. W. Rep. 460.

38. CONSTITUTIONAL LAW-Municipal Corporation.Where, in an action to restrain a proposed issue of bonds by a city, the court finds the facts and pronounces the decree required, enjoining such issue, it cannot be required to also determine that the act of the legislature under which the bonds were proposed to be issued was unconstitutional.-City of Joliet v. Alexander, Ill., 62 N. E. Rep. 861.

39. CONSTITUTIONAL LAW-Pleading.-In a suit by a stockholder in his own behalf and that of others similarly situated, a complaint must show that the corporate officers will not perform their duty to act. -Northern Trust Co. v. Snyder, Wis., 89 N. W. Rep. 460. 40. CONSTITUTIONAL LAW-Scattering Paper.-Adver. tising by circulars held not prohibited by ordinance against casting circulars in vestibules of dwellings; addressed envelopes being excepted.-City of Philadelphia v. Brabender, Pa., 51 Atl. Rep. 374.

41. CONSTITUTIONAL LAW-Trial by Jury.-A statute providing that, in prosecutions for violation of ordinances, failure to demand a jury shall be waived of the right, is not in violation of Const. U. S. Amend. 11. - In re Cox., Mich., 89 N. W. Rep. 440.

42. CONTRACTS-Descriptio Personæ.-Where a con. tract is signed by a person as "Mfg. Agt. & Supt. of Contracts," the words in quotation are mere descriptio personae.-Keeley Brawing Co. v. Neubauer Decorating Co., Ill., 62 N. E. Rep. 923.

43. CONTRACTS Insufficient Title. Where a con. tract for a real estate loan stipulated that the title should be examined by the lender's solicitor, and that it would not be satisfactory if it was held subject to conditions or restrictions, the borrower held not entitled to damages for a breach, where there was an outstanding tax title and a release of a mortgage by an attorney whose power was not recorded, as required by Pub. St. ch. 120, § 14.- Gilson v. Cambridge Sav. Bank, Mass., 62 N. E. Rep. 728.

44. CONTRACTS-Invalid Conditions.-Agreement in application for life insurance that medical examiner shall be the agent of the insured held invalid.-Sterna man v. Metropolitan Life Ins. Co., N. Y., 62 N. E. Rep. 763.

45. CORPORATIONS-Appeal. An action for the dis. solution of a corporation and the appointment of a receiver of its assets involves a franchise, and an appeal

from a judgment therein may be taken direct to the supreme court.-Bixler v. Summerfield, Ill., 62 N. E. Rep. 849.

46. CORPORATIONS- Liability for Labor on Unpaid Stock.-One taking assignment of stock purporting to be fully paid, with notice that it was not so paid, is primarily liable to the creditors of the company for the unpaid amount.-Foote v. Illinois Trust & Savings Bank, Ill., 62 N. E. Rep. 834.

47. CORPORATIONS - Minority Stockholder. An ac. tion by a minority stockholder in a corporation against the owner of the majority of the stock for misappropriation of its funds, praying solely for an accounting, is appealable to the appellate, and not to the supreme court..-Bixler v. Summerfeld, Ill., 62 N. E. Rep. 849.

48. CORPORATIONS Stockholder's Liability. - A stockholder of a manufacturing corporation, selling his stock before the corporation contracts a debt, is not personally liable therefor, under Gen. Laws, ch. 180, §§ 11, 12, though the corporation has failed to file a certificate of assets as required by the statute.Demelman v. Brown, R. I., 51 Atl. Rep. 217.

49. Costs-Record.-To incumber the record by the incorporation of court papers, overruled orders, and other irrelevant and unnecessary matter is improper, and the court will so adjust the costs that the parties responsible shall pay therefor.-Chappell v. Stewart, Md., 51 Atl. Rep. 411.

50. Courts- Jurisdiction in Probate. The district court has no original jurisdiction to set aside a will or the probate of the same.-Williams v. Miles, Neb., 89 N. W. Rep. 451.

51. COURTS-Mandamus.-Where, in proceedings for mandamus to detach certain lands from a city, under Hurd's Rev. St. 1899, ch. 24, § 206, there is no contest tried except as to part of the premises being platted, no question of freehold is involved, and the supreme court has no jurisdiction of an appeal therein.-City of Roodhouse v. Briggs, Ill., 62 N. E. Rep. 778.

52. CRIMINAL LAW-Breaking and Entering.-A jury may find a defendant guilty of breaking and entering a dwelling house with intent to steal, or they may find him guilty of a mere breaking aud entering.State v. Snow, Del., 51 Atl. Rep. 607.

53. CRIMINAL LAW-Competent Testimony.-Witness held competent to testify that, from the sounds made by a wagon passing his home, he knew it belonged to decedent. Commonwealth v. Best, Mass., 62 N. E. Rep. 748.

54. CRIMINAL LAW-Intent.- One accused of breaking and entering a dwelling house with intent to steal, who through intoxication is in such a condition as to believe that he is entering another house, where he resides, cannot be convicted.-State v. Snow, Del., 51 Atl. Rep. 607.

55. CRIMINAL LAW-Reasonable Doubt.-Reasonable doubt in a criminal case considered and defined.State v. Magnell, Del., 51 Atl. Rep. 606.

56. CRIMINAL LAW-Violation of City Ordinance.The imprisonment of a member of the Salvation Army in a house of correction for violation of a city ordinance relating to the use of public places held not illegal, as being unreasonable. In re Cox, Mich., 89 N. W. Rep. 440.

57. CRIMINAL LAW Waiver of Objection.- An ob. jection to a warrant for violation of an ordinance against keeping a saloon, on the ground that it was issued upon a complaint based upon information, held waived by a plea of not guilty. - Village of Sparta v. Boorom, Mich., 89 N. W. Rep. 435.

58. DAMAGES-Bodily Pain.-The testimony of plaintiff, in an action for personal injuries, as to bodily pain suffered since the accident, and even at the time of trial, is admissible as showing the character of the original injury.-Martin v. Sherwood, Conn., 51 Atl. Rep. 526.

59. DAMAGES Lost Check. Check deposited by vendee under contract to purchase land held liquidated damages, and not a penalty, and therefore, it being lost, and the vendee defaulting complainant could sue on the check in equity.-Moore v. Durnam, N. J., 51 Atl. Rep. 449.

60. DAMAGES-Suffering.-In a verdict for personal injuries may be included allowance for pain and suf. fering from the accident.- Foote v. American Prod. uct Co., Pa., 51 Atl. Rep. 364.

61. DEATH-Bar by Other Suit.-Recovery for death of plaintiff held not allowed, where his personal rep. resentatives are, on his death, substituted in his place, under Act April 15, 1851 (P. L. 669), § 18, in action for personal injuries. — Edwards v. Gimbel, Pa., 51 Atl. Rep. 357.

62. DEEDS-Boundaries.-The grantees in deeds con. veying lots, which for the purpose of establishing boundaries referred to a plat, held not estopped from asserting that the plat did not establish the boundaries of an adjoining lot.-Taber v. Hall, R. I., 51 Atl. Rep. 432.

63. DISMISSAL AND NONSUIT-Attorney's Contingent Fee.-Liability of plaintiffs for expenses and services of their attorneys under contract for contingent fees cannot be determined in the action on a motion by plaintiffs to dismiss.- Williams v. Miles, Neb., 89 N. W. Rep. 455.

Petition.

65. DIVORCE A petition for divorce on the ground of cruelty, which is insufficient in failing to designate the offense, cannot be amended. Wagner v. Wagner, Del., 51 Atl. Rep. 603.

66. DOWER-Inchoate Right.-Althoug an inchoate ight of dower is not an estate, but only a right of ac tion, it is in the nature of a lien on real estate, and is treated as an incumbrance to be protected.-Atwood v. Arnold, R. I., 51 Atl. Rep. 216.

67. EJECTMENT-Right to Maintain. The owner of soil in a street may maintain ejectment against any person wrongfully claiming exclusive possession of the same.-French v. Robb, N. J., 51 Atl. Rep. 509.

69. ELECTRICITY-Electric Light Poles.-A person ec. cupying part of a street with electric light poles under a legal contract with the city held to have no right to the use of the immediate vicinity of his poles for the purpose of maintaining them.-French v. Robb, N. J., 51 Atl. Rep. 509.

69. ELECTIONS-Marking Ballots.-Under Code Pub. Gen. Laws, art. 33, §§ 50, 61, 66, as amended by Acts 1896, ch. 202, and Acts 1901, ch. 2, to constitute a legal ballot, the whole of the cross mark must be "within' the square.-Duvall v. Miller, Md., 51 Atl. Rep. 570.

70. EMINENT DOMAIN-Damages.-Under St. 1897, ch. 519, relating to the relocation of a certain railroad in order to abolish a grade crossing, petitioner, who owned land fronting on the old location, held not enti tled to recover damages for loss of access to the rail. road.-Farewell v. City of Boston, Mass., 62 N. E. Rep. 62 N. E. Rep. 751.

71. EMINENT DOMAIN - Measure of Damages.-The measure of damages for land not taken, but depreciated in the value by construction of railroad, is the differ. ence in market value of the land before and after the construction.-Illinois Cent. R. Co. v. Turner, Ill., 62 N. E. Rep. 798.

73. ESTOPPEL- Bona Fide Holder. That one who places a stock certificate indorsed in blank in the hands of an agent who wrongfully pledges the same did not know of a custom whereby such indorsement enabled the bearer to give title held not to relieve the owner from estoppel to set up title against a bona fide holder. -Russell v. American Bell Tel. Co., Mass., 62 N. E. Rep. 751.

74. EVIDENCE Admissibility of Memorandum.Plaintiff, in action against executor, held to have sup. ported his case by admissions of decedent, so as to make a case for admission of memoranda kept by decedent, within St. 1896, ch. 455.-Huebener v. Child, Mass., 62 N. E. Rep. 729.

75. EVIDENCE-Foundation for Secondary Evidence. -Under Hurd's Rev. St. 1899, p. 1420, ch. 120, § 163, evidence that an unsuccessful search had been made for tax receipts is sufficient foundation for the introduc tion of the collector's books.-Scott v. Bassett, Ill., 62 N. E. Rep. 914.

76. EVIDENCE-Judicial Notice.-Judicial notice will be taken of Laws 1901, p. 96, without the filing of a formal supplemental plea, in an action commenced be. fore the passage of the act.-Vance v. Rankin, Ill., 62 N. E. Rep. 807.

77. EVIDENCE-Judicial Notice.-The court, sitting in a county in which a complaint is verified, can take judicial notice of the fact that the notary whose name is subscribed to the vertification is duly authorized to act as such.-Wiley v. Carson, S. Dak., 89 N. W. Rep. 475.

78. EVIDENCE-Priority.-Where several parol trust deeds are executed and recorded at the same time, evi. dence is admissible to show the agreements and acts of the parties, for the purpose of determining the question of priority; the deeds being silent on that point.— Schaeppi v. Glade, Ill., 62 N. E. Rep. 874.

79. EVIDENCE-Signals and Flags.-The adoption by a railroad company of a rule requiring flags and tor. pedoes to be placed whenever a rail was removed held to be an admission that ordinary care required the course of conduct prescribed in such rule.-Chicago & A. Ry. Co. v. Eaton, Ill., 62 N. E. Rep. 784.

80. EXECUTORS AND ADMINIstrators-Compromise.An agreement of an executor to pay $500 in release of a judgment of $1,200 against the testatrix held not a compromise, within Laws 1893, ch. 100.-In re Bronson's Estate, 74 N. Y. Supp. 1052.

81. EXECUTORS AND ADMINISTRATORS— Expenses of Litigation.-An estate is not chargeable with the expense of litigation carried on by the administrator in which the estate has no interest.-Cullen v. State, Ind., 62 N. E. Rep. 759.

82. EXECUTORS AND ADMINISTRATORS-Liability of Bondsmen.-An administrator selling land of the es tate under order of court directing one-third of the proceeds to be paid to the widow, as authorized by Burns' Rev. St. 1901, § 2503, held not liable to the estate on his bond for failing to account for the widow's one-third.-Cullen v. State, Ind., 62 N. E. Rep. 759.

83. EXECUTION-Sheriff's Levy.- Where goods are wrongfully taken from a sheriff after execution levy, he cannot be deprived of his right to recover the full value of the goods by a settlement between the wrong. ful taker and execution creditor.-Bennet v. Gilbert, Ill., 62 N. E. Rep. 847.

81. FRAUDULENT CONVEYANCES-Assignment of Leg. acy. An assignment by a father to his children of a legacy on account of a guardianship indebtedness to them held not in fraud of creditors.-Bush v. Downey, Ill., 62 N. E. Rep. 868.

85. FRAUDULENT CONVEYANCES-Contest, Withdrawal of.-A conveyance by testator's widow to contestant's daughter in consideration of a dismissal of the contest held to be fraudulent as to the contestant's creditors.Smith v. Patton, Ill., 62 N. E. Rep. 794.

86. GAMING-Action Against Stakeholder.- A New York statute giving a right of action against a stakeholder and the principal to whom he pays over money is a remedial statute, and a judgment against the stakeholder in New York, which is unsatisfied, is no bar to a statute in the state against a principal.-Kennealy v. Leary, N. J., 51 Atl. Rep. 475.

87. GIFTS-Delivery.-Where a depositor in a savings bank causes the deposit to be transferred to his brother, and takes out a new deposit book and retains it, held not an absolute gift, in præsenti.-Hallowell Sav. Inst. v. Titcomb, Me., 51 Atl. Rep. 249.

88. GUARANTY-Right of Action.-The guarantor of collection of a note may be sued without proceeding against the debtor or security; the debtor being utterly nsolvent and the security worthless.-Colby v. Farwell, N. H., 51 Atl. Rep. 254.

89. HIGHWAYs-Appraisement of Damages.-An ap praisement of damages for land taken by a committee of the board of supervisors, instead of disinterested electors, invalidates the proceeding.-Nelson v. Harlan County, Neb., 89 N. W. Rep. 458.

90. HIGHWAYS- Bicycles.- A boy riding a bicycle, who was injured by being forced between the curb and a team turning onto the street, cannot be held negli. gent in riding at speed of about seven miles an hour.Foote v. American Product Co., Pa., 51 Atl. Rep. 364.

91. HOMESTEAD-Abandonment Without Wife's Consent. A married man who has acquired a homestead right in leased premises may change his residence without his wife's consent, and thereby abandon his homestead right in such leased premises, and thereaf ter cancel the lease without her signature.-Beranek v. Beranek, Wis., 89 N. W. Rep. 146.

92. HUSBAND AND WIFE Separate Maintenance.Provision in agreement for separation that the hus. band would pay the wife $6 per week] for maintenance cannot be avoided merely because of subsequent financial troubles of the husband.- Vandegrift v. Vandegrift, N. J., 51 Atl. Rep. 200.

93. HUSBAND AND WIFE-Wife's Separate Estate.-A wife's separate estate is not chargeable with debt of her husband, because she stood by in silence while he represented the property to be his.-Kinsey v. Feller, N. J., 51 Atl. Rep. 485.

94. INJUNCTION- Hearsay Evidence.- Hearsay evi. dence, admitted without objection, held sufficient to show that telegraph wires strung in front of com. plainant's premises were erected by defendant and to authorize mandatory injunction compelling their removal.- Smith v. Delaware & A. Telegraph & Telephone Co., N. J., 51 Atl. Rep. 464.

95. INSURANCE-Measure of Damages.-The cost to insured, the manufacturer of machinery burned, to replace or repair it, and not the market value, held the measure of damages under the policy.-Standard Sew. ing Mach. Co. v. Royal Ins. Co., Pa., 51 Atl. Rep. 354.

96. INSURANCE- Notice. Requirement of accident policy that written notice be given the company at New York of an accident is satisfied where the agent of the company sends the notice.-Van Eman v. Fidelity & Casualty Co. of New York, Pa., 51 Atl. Rep. 177.

97. INSURANCE-Reinstatement.-Where a suspended member signs the required certificate of good health and mails it, held, that he has complied with the require. ments of the by-laws as to reinstatement, though it does not reach the clerk until the death of the suspended member.-Sovereign Camp of Woodmen of the World v. Grandon, Neb., 89 N. W. Rep. 448.

98. INSURANCE-Time of Commencing Action.-A limitation in fire policy of one year after loss for bringing suit thereon is valid.-Chichester v. New Hampshire Fire Ins. Co., Conn., 51 Atl. Rep. 545.

99. INSURANCE-Waiver.-Where an agent of an insurance company informs the mortgagee to whom the policy is payable that he will get the money without

further action, the company held to recognize the mortgagee's claim.-Farmers' Fire Ins. Co. v. Baker, Md., 51 Atl. Rep. 184.

100. INTOXICATING LIQUORS-Equitable Relief.-Where Complainant, in order to merit equitable considera. tion, had to do equity, and the effect was a recognition of its obligation, rendering it liable thereon in an action at law, the judgment in such an action was not a bar in equity in the relief sought. Commercial Union Assur. Co. v. New Jersey Rubber Co., N. J., 51 Atl. Rep. 451.

101. INTOXICATING LIQUORS-Hotel Keepers.-Under Rev. Code, p. 411, § 8, a license to sell liquors at wholesale cannot be granted to a hotel keeper.-In re Mundy, Del., 51 Atl. Rep. 605.

162. INTOXICATING LIQUORS-License.- Under Rev. Code, p. 69, § 1, a person having a brewer's license held not required to take out a license for sale of liquor, under Rev. Code, p. 410, § 1.-In re Biederman, Del., 51 Atl. Rep. 602.

103. INTOXICATING LIQUORS-Sale.- Where a liquor dealer in New York makes a sale in that state, valid therein, to a citizen of Connecticut, not knowing that the agent who solicited the order was not licensed, nor intending that the purchaser should resell unlawfully, recovery of the price is not prevented by Gen. St. § 3114.-J. & J. Eager Co. v. Burke, Conn., 51 Atl. Rep. 544.

104. INTOXICATING LIQUORS-Warrant Insufficient.Under 3 How. Ann. St. § 2847, subd. 7, and Comp. Laws 1897, § 50, a warrant for violation of an ordinance against keeping a saloon, which merely charged a sale of liquor, without stating the place and circumstances thereof, held insufficient.-Village of Sparta v. Boo. rom, Mich., 89 N. W. Rep. 435.

105. JUDGMENT-Default.-Under Prac. Act, § 320, after a service of a copy of the declaration in an action against a city on the clerk and three members of the council, there being no mayor, plaintiff was entitled to enter judgment by default after 30 days.-Cooper v. Borough of Cape May Point, N. J., 51 Atl. Rep. 511.

106. JUDGMENT-Publication.-A publication of sum. mons, reciting the complaint as filed March 7th whereas it was not in fact filed until March 8th, held not ground for setting aside default.-Wiley v. Carson, S. Dak., 89 N. W. Rep. 475.

107. JUDGMENT-Res Judicata.-An instruction in a former action held admissible in a subsequent suit between the same parties to show that the questions involved in the second suit were res judicata.-Stoirs v. Robinson, Conn., 51 Atl. Rep. 516.

108. JUSTICES OF THE PEACE-Jurisdiction. Under Code, art. 52, § 6, a justice has no jurisdiction in re. plevin without an appraisement fixing the value of the property at a sum within his jurisdiction.-Darrell v. Biscoe, Md., 51 Atl. Rep. 410.

109. LANDLORD AND TENANT- Surrender of Possession. Whether a tenancy is from month to month, or under an express agreement for a particular month, the tenant would, by holding over, become liable for an additional month's rent.-Byxbee v. Blake, Conn., 51 Atl. Rep. 535.

110. LARCENY Instructions. In prosecution for grand larceny, where the jury had been instructed to convict if they were convinced that the value of the property stolen was more than $15, defendant was entitled to an instruction as to the duty of the jury in case they found the value of the property to be $15 or less.-Bishop v. People, Ill., 62 N. E. Rep. 785.

111. LIBEL AND SLANDER-Injury to Feelings.-Where, in an action for slander charging plaintiff with a crime, evidence of injury to feelings is admitted without objection, damages are recoverable therefor.Bedtky v. Bedtky, S. Dak., 89 N. W. Rep. 479.

112. MANDAMUS - Property Owner's Petition.-The petition in mandamus to compel a city officer to issue a license to lay a railroad track in a city street must

show on its face that the petition of property owners required by 1 Starr & C. Ann. St. (2d Ed.) p. 712, was obtained and filed before the ordinance granting the license was passed.-McGann v. People, Ill., 62 N. E. Rep. 941.

113. MASTER AND SERVANT-Action for Death.-Where a railroad company had a rule requiring flags and torpedoes to be placed whenever a rail was removed, in an action for the death of one of its engineers caused by such removal, held, that the jury would have been justified in finding that, if the rule had been complied with, the accident would not have occurred. -Chicago & A. Ry. Co. v. Eaton, Ill., 62 N. E. Rep. 784. 114. MASTER AND SERVANT — Admissibility of Evi dence. Where the declaration alleged that plaintiff was employed by defendant to "take care of certain tools, chains," etc., and was injured while moving a "cobble," evidence that, when injured, he was going to remove a chain from the cobble, held admissible.Illinois Steel Co. v. Hanson, Ill., 62 N. E. Rep. 918.

115. MASTER AND SERVANT-Assumption of Risk.In an action for personal injury sustained by plaintiff while engaged in learning the duties of a street car conductor, evidence held to show that plaintiff as. sumed the risk.-Ladd v. Brockton St. Ry. Co., Mass., 62 N. E. Rep. 730.

116. MASTER AND SERVANT-Defective Appliances.In an action by a servant for injuries from a defective board in a derrick, held, that the case was one for the jury.-Ouellette v. Michigan Alkali Co., Mich., 89 N. W. Rep. 436.

117. MASTER AND SERVANT-Failure to Inspect.-A quarryman's negligence in failing to inspect stone for explosives cannot be attributed to an employer whose servant is injured by an explosion of a stone,in the absence of evidence that he knew of such failure.Mooney v. Beattie, Mass., 62 N. E. Rep. 725.

118. MASTER AND SERVANT-Fellow-Servants.-In an action against a railroad company for death of one of its engineers, caused by the removal of a rail, the question of fellow-servants' negligence held properly eliminated from the case.- Chicago & A. By, Co. v. Eaton, Ill., 62 N. E. Rep. 784.

119. MASTER AND SERVANT-Fellow-Servants.-Where the gist of the action was the master's negligence in failing to perform a non-assignable duty, an instruction omitting the question of fellow-servants was proper.-Ide v. Fratcher, Ill., 62 N. E. Rep. 814.

120. MASTER AND SERVANT-Fellow Servants.-The negligence of a servant in failing to replace a plank over a drain after he had removed it, whereby plaintiff fell into the drain, held the negligence of a fellowservant.-Stewart v. International Paper Co., Me., 51 Atl. Rep. 237.

121. MASTER AND SERVANT - Negligence. - An em. ployer held not negligent in failing to inspect stone shipped from a quarry for use in a building, to ascer. tain whether any explosives were left about them.Mooney v. Beattie, Mass., 62 N. E. Rep. 725.

122. MASTER AND SERVANT-Question for Jury.-Evidence in an action by a servant against the master for personal injuries resulting from a defective bolt held to raise a question for the jury whether defendant had exercised reasonable care to keep the bolt in a safe condition, or had made proper inspection thereof.Illinois Steel Co. v. Ostrowski, Ill., 62 N. E. Rep. 822. 123. MASTER AND SERVANT-Servant and Licensee.In action by servant against master for injuries a contention that servant was at the time of the injury a mere licensee held without merit. Heldmaier v. Cobbs, Ill., 62 N. E. Rep. 853.

124. MORTGAGES-Application of Proceeds.-Where a mortgage securing several notes is foreclosed before the maturity of all the notes, and other property of the mortgagor is attached, the mortgagee may apply the proceeds of the mortgaged property to the notes not due, to enable him to apply the proceeds of the at

127. MUNICIPAL CORPORATIONS Contract. Contract of municipal board will not be set aside, unless there is fraud or palpable abuse of the discretion of the board.-Coward v. City of Bayonne, N. J., 51 Atl. Rep. 490.

128. MUNICIPAL CORPORATIONS-Construction of Sewers.-Under P. L 1895, p. 249, § 69, and P. L. 1896, p. 364, § 5, the cost of the entire sewer system, part of which is outside the town limits, may be assessed on the lands within the town constructing the system of sewers.-Butler v. Town of Montclair, N. J., 51 Atl. Rep.

494.

129. MUNICIPAL CORPORATIONS-Councilmen. - Where one is acting as a councilman de facto, and not de jure, he cannot by his own vote on his own appointment, while filling a vacancy, confer upon himself a de jure title to the appointive office.-Armstrong v. Whithead, N. J., 51 Atl. Rep. 472.

130. MUNICIPAL CORPORATIONS-Damages and Bene. fits. Where the damages and benefits by a change of grade have been appraised, the fact that at the time of the application for a reappraisal the work of changing the grade has not been completed held not to entitle the landowner to compensation for the cost of completing such work or for delay in such completion.-Peck v. Borough of Bristol, Conn., 51 Ati. Rep.

521.

131. MUNICIPAL CORPORATIONS-Duty to Erect Barriers.- Question of duty of city to erect barriers, where there is a hole beside the sidewalk, held one of fact.City of Chicago v. Baker, Ill., 62 N. E. Rep. 892.

132. MUNICIPAL CORPORATIONS-Estimate of Cost.-A municipal corporation, on the dismissal of street im. provement proceedings by reason of the invalidity of the ordinance authorizing such improvements, held not entitled to enact a new ordinance without a new estimate of costs and public hearing by the board of public works, as required by Improvement Act 1897, §§ 7,8.-Bass v. City of Chicago, Ill., 62 N. E. Rep. 913.

133. MUNICIPAL CORPORATIONS-Extent of Debt.-Under Const. art. 9, § 12, a city already in debt to more than 5 per cent. of the taxable property therein, and owning waterworks furnishing a large net income, cannot issue bonds under Laws 1899, p. 104, to extend its system, to be paid out of the water fund and secured by mortgage on the entire system.-City of Joliet v. Alexander, Ill., 62 N. E. Rep. 861.

134. MUNICIPAL CORPORATIONS-Misappropriation of Public Funds.-The right of a taxpayer to insist on a return to the public treasury of money wrongfully taken therefrom to compensate official services held not affected by laches on his part.-Northern Trust Co. v. Snyder, Wis., 89 N. W. Rep. 460.

135. MUNICIPAL CorporationS-Negligence.-City, in breaking stone by means of stone crusher to be used in macadamizing a street is performing part of its governmental duty to repair streets, and is not liable for negligence of its servants.-Colwell v. City of Waterbury, Conn., 51 Atl. Rep. 530.