is admitted.-Judge of Probate v. Sulloway (N. § 1. Deception constituting fraud, and H.) 720.

In civil actions, see "Evidence," § 10.
In criminal prosecutions, see "Criminal Law," § 2. Actions.
§ 3.

Bill of exceptions, see "Exceptions, Bill of," § 2. (Pa.) 438.

Caused by operation of railroad, see "Railroads," therefor held absolute promise not within stat§ 4.

against creditors, although made without fraud- I reaching the fund by trustee process.-Stillings ulent intent.-Bailey v. Ballou (N. H.) 114.

To establish that creditor had cause to believe debtor was insolvent, it must be shown that he had such knowledge of facts as would induce reasonable belief of insolvency.-Cutler v. Dunn (N. H.) 536.

Evidence that a person drank at a certain period is not, of itself, sufficient to support conclusion 22 years later that his business was so conducted as to furnish ground for belief of insolvency.-Cutler v. Dunn (N. H.) 536.

Where defendant, to prevent his creditors from attaching certain moneys, made an assignment thereof to claimant, as security for a valid debt, the fact that claimant knew of such purpose, but did not participate therein, did not invalidate the assignment.-Fradd v. Charon (N. H.) 910.

Evidence, in a suit to set aside a conveyance as being fraudulent, held to show that the property was conveyed for the purpose of avoiding complainant's judgment.-National State Bank v. McCormick (N. J. Ch.) 706.

Gift from husband to wife by recorded deed is good as against creditor of husband, whose debt was contracted several years thereafter, in absence of evidence that at time of gift husband intended to defraud such creditor.-Best v. Smith (Pa.) 329.

v. Haley (N. H.) 701.

Public officer cannot be garnished.-Allen v. Gerard (R. I.) 592.

the hands of clerk as public officer, subject to Fund paid into registry of court held to be in court's order, and hence not to be subject to trustee process.-Allen v. Gerard (R. I.) 592.

within state through superintendent residing A nonresident railroad operating leased line therein is liable to trustee process, as to debts in its hands contracted in operating road in state, and payable here.-Holt v. Ladd (Vt.) 69. 3. Writ or summons and notice, service, and return.

Under Gen. St. §§ 1243, 1245, held, service of garnishment on partner of a nonresident firm debtor were shown to be within the state.-G. garnishee was unavailing, unless goods of the M. Williams Co. v. Mairs (Conn.) 729.

Under Gen. Laws, c. 253, § 20, providing a remedy by attachment, the place of service of the writ being designated, all other places are excluded. Leonhard v. John Hope & Sons Engraving & Manufacturing Co. (R. I.) 305.

Under V. S. § 1310, making debts due by nonresident liable to trustee process by service on "authorized agent," held, service could be had on resident superintendent operating leased line in state for nonresident debtor corporation.

A deed of land from husband to wife, fraudulent as against creditors at the time it is made, cannot be sustained by relation back to a parol-Holt v. Ladd (Vt.) 69. antenuptial agreement, notwithstanding reliance of wife on husband's representation and her freedom from fraud.-Barnes v. Black (Pa.) 550.

Evidence held to overcome the presumption of fraud in helping a debtor to hinder his creditors, arising from a stay by an execution creditor of immediate proceedings on execution.Platt-Barber Co. v. Groves (Pa.) 571; Appeal of Crawford, Id.

§ 2. Remedies of creditors and purchas

ers.

Where, in order to set aside sale made before insolvency proceedings, it must be shown that purchaser had ground to believe debtor insolvent, it must also be shown that debtor actually was insolvent.-Cutler v. Dunn (N. H.) 536.

Decree in insolvency appointing assignee is conclusive of his right to sue and of validity of insolvency proceedings, but not of insolvency of debtor at a time previous thereto.-Cutler v. Dunn (N. H.) 536.

Declarations of husband held admissible against wife to prove that conveyance by him to her was in fraud of creditors.-Barnes v. Black (Pa.) 550.

GARNISHMENT.

See "Attachment."

§ 1. Nature and grounds.

Plaintiff can, in the absence of fraud, hold

defendant's wages attached in a second suit on another cause of action after the discharge of the trustee in a prior action.-Hamilton Nat. Bank v. Horton (N. H.) 296.

§ 2. Persons and property subject to garnishment.

Where mortgaged property is insured for the benefit of the mortgagee, and is burned, proceeds of the insurance held subject to the trust, and not liable in garnishment by creditor of mortgagor.-Wallace v. Glasgow Inv. Co. (N. H.) 175.

Allowance of a claim, and distribution decree in favor of an assignee for creditors of a nonresident insolvent, held not a reduction of such claim to possession by such assignee, so as to preclude a resident creditor of the assignor from

GAS.

A company incorporated for supplying natural gas for heat and light will be enjoined from charging more for gas used for lighting than for heating, for the only reason that it is worth more for lighting, measured by what customers would have to pay for substitutes.Bailey v. Fayette Gas-Fuel Co. (Pa.) 251.

GUARANTY.

Requirements of statute of frauds, see "Frauds,
Statute of," § 1.

§ 1. Requisites and validity.

An agreement to be responsible for debt and damages in attachment suit held a guaranty sufficiently clear to satisfy the statute of frauds.Savage v. Robinson (Me.) 926.

§ 2. Construction and operation. attachment, and delivered to sheriff in escrow, Guaranty given in consideration of release of held not delivered to plaintiff.-Atwater v. Hewitt (Conn.) 34.

Complaint, in action against title insurance company for negligence in issuing certificate in failing to set out a mortgage which was a first lien on the property, held to state a cause of action.-Economy Building & Loan Ass'n v. West

Jersey Title & Guaranty Co. (N. J. Sup.) 854.

Writing being silent as to time of extension of note, and of payment by guarantor, it should be construed to mean reasonable time as to both.Citizens' Sav. Bank & Trust Co. v. Babbitt's Estate (Vt.) 71.

Words "when due" in a guaranty held to fix not of payment.-Citizens' Sav. Bank & Trust the time of demand, notice, and protest, and Co. v. Babbitt's Estate (Vt.) 71.

Parol evidence held consistent with contract of guaranty, and not contradictory, and hence admissible.-Citizens' Sav. Bank & Trust Co. v. Babbitt's Estate (Vt.) 71.

§ 3. Discharge of guarantor.

In action on guaranty, instruction relating to defendant's release under terms of guaranty held correct.-Howland v. Currier (N. H.) 106.

§ 4. Remedies of creditors.

In action for breach of written guaranty delivered on certain agreement, evidence relating to agreement held admissible.-Atwater v. Hewitt (Conn.) 34.

In action for breach of written guaranty delivered to take effect on happening of certain event, evidence of event held admissible.-Atwater v. Hewitt (Conn.) 34.

In action on guaranty to pay certificate of stock of loan and building company, held, evidence as to value of certificate was properly excluded.-Howland v. Currier (N. H.) 106.

In action on guaranty to pay principal and coupons of certificate of loan and building company, held, that remedy against company need not be exhausted before bringing suit against guarantor.-Howland v. Currier (N. H.) 106.

HARMLESS ERROR.

Where one had ample opportunity to present claim for damages to commissioners who laid out highway across his land, but neglected to do so, their report will not be recommitted to find amount to which he is entitled.-Standish v. City of Montpelier (Vt.) 339.

§ 2. Regulation and use for travel.

An ordinance designating a certain portion of the highway over which heavy loads may be carried need not be approved by county commissioners or justice of the supreme court.-State v. Boardman (Me.) 118.

Where a highway is constructed in courses other than those specified in selectmen's return, it is necessary, to recover for injuries caused by a defect in way, to show that it was in part of way laid out by selectmen.-Spaulding v. Town of Groton (N. H.) 88.

Admission of evidence in action against town to recover for death of plaintiff's horse caused by defective condition of the highway held not

In civil actions, see "Appeal and Error," § 17. error.-Dow v. Town of Weare (N. H.) 489.

HEALTH.

8 1. Boards of health and sanitary officers.

Refusal of health officer to remove person afflicted with small pox from house and quarantining same held not a taking of private property for public use without compensation therefor. Whidden v. Cheever (N. H.) 908.

In action for injuries sustained by defective condition of highway, evidence of similar accident at same place short time before is admissible to show dangerous character of defect.Dow v. Town of Weare (N. H.) 489.

quently stricken out on objection of defendant Giving in presence of jury of evidence subseheld not to be so unfair or illegal as to warrant new trial, as it did not convey any information to jury not already in their knowledge.-Dow v. Town of Weare (N. H.) 489.

Under Pub. St. c. 110, §§ 2, 5, health officer Under Laws 1893, c. 59, § 1, owner of a horse nela not liable for refusal to move person afflict-held entitled to recover for injuries caused by ed with small pox from plaintiff's house, and in stepping on defective sewer cover in highway.quarantining the inmates.-Whidden v. Cheever Gale v. Town of Dover (N. H.) 535. (N. H.) 908.

§ 2. Regulations and offenses.

Under Acts 1888, c. 56 (2 Gen. St. p. 1642), where borough supplies water for public, the board of health has no authority to control directly the turning on the water for private consumers, or to cut it off when once turned on.Johnson v. Borough of Belmar (N. J. Ch.) 166.

Evidence held not to entitle a bicyclist, injured in a collision with a team, to recover.-Rowland v. Wanamaker (Pa.) 918.

Boulders. 18 feet from the traveled way, guarding an embankment, are not actionable defects in the highway.-Waterhouse v. Calef (R. I.) 591.

HOLDING OVER.

Under Acts 1888, c. 56 (2 Gen. St. p. 1642), where the plans for plumbing submitted to board of health have been approved by such board, By officer, see "Officers," § 1. owner, if he proceeds with work, must conform to the plans as approved.-Johnson v. Borough of Belmar (N. J. Ch.) 166.

A complaint for violation of the oleomargarine See "Sunday." act, failing to set out the name of the purchaser or an excuse therefor, held insufficient to support a conviction.-Feigen v. McGuire (N. J. Sup.) 972.

HOLIDAYS.

HOMESTEAD.

§ 1. Abandonment, waiver, or forfeiture.

Under Pub. St. c. 138, § 3, and Id. c. 220, § 12, debtor is not entitled to homestead exemption in property which he and wife, subsequent to attachment, but prior to execution, have conveyed by deed in common form, with release of dower and homestead, and moved off the premises.-Beland v. Goss (N. H.) 387; Same v. Demars, Id.

Right of one not entitled to homestead without redeeming from mortgage held barred after expiration of year for redemption.-Richardson v. Baker (N. H.) 520.

Where husband abandons homestead, reserving use of part of it, and acquires new homestead in property mortgaged, widow is entitled to homestead in parts reserved, and in new homestead, subject to mortgage.-Thorp v. Wilbur (Vt.) 339.

On a trial for uxoricide, a magistrate before. whom the prisoner was tried, shortly before the crime, for breach of the peace, on information of his wife, may testify to a threat by the prisoner against his wife made in his presence.Commonwealth v. Brown (Pa.) 497.

On a trial for murder, evidence held to show that a homicide was committed in the perpetration of robbery.-Commonwealth v. Epps (Pa.) 570.

Evidence considered, and held sufficient to sustain verdict of murder in the first degree.-Commonwealth v. Morrison (Pa.) 913.

In an action by a wife for nonsupport, a bond to vacate an attachment is sufficient security, under Gen. St. § 3318, as amended by Act 1893, c. 88.-Cunningham v. Cunningham (Conn.) 41.

Complaint by a wife for nonsupport held to state a cause of action, under Gen. St. § 3318, as amended by Act 1893, c. 88.-Cunningham v. Cunningham (Conn.) 41.

Decree for alimony, on separation, for the support of wife and her child, modified when child became of age.-Flower v. Flower (N. J. Ch.) 951.

That children had supported their mother after decree for separation held no defense to her action to compel husband to pay her alimony for her future support.-Flower v. Flower (N. J. Ch.) 951.

Where husband resisted proceedings to enforce payment of alimony under a decree for separate maintenance, the court could not consider his affidavits as to the conduct of the parties previous to the decree.-Flower v. Flower (N. J. Ch.) 951.

A husband's liability to pay alimony under dedelay in suing to enforce payment.-Flower v. cree of separation held not affected by the wife's Flower (N. J. Ch.) 951.

IMPEACHMENT.

Of witness, see "Witnesses," § 3.

IMPLIED CONTRACTS.

A deed conveying all of one's property to his mother, immediately before his marriage, did not affect the validity of a prior deed for the same property from the grantor to the mother, before See "Assumpsit, Action of." grantor's engagement.-In re Coleman's Estate (Pa.) 1085; Appeal of Anduaga, Id.

§ 2. Conveyances, contracts, and other

transactions between husband
and wife.

There is no presumption that a deed from husband to wife, made without any valuable consideration, was induced by undue influence. -Ford v. Ford (Pa.) 561.

IMPROVEMENTS.

Allowance or recovery of compensation, see "Ejectment," § 3.

On premises demised, see "Landlord and Tenant," § 3.

INCOMPETENT PERSONS.

§ 3. Disabilities and privileges of cov- See "Insane Persons." erture.

INCORPORATION.

A married woman, who buys land with notice of a contract to convey to another, may be compelled to convey.-Fee v. Sharkey (N. J. Ch.) See "Corporations," § 1.

673.

Under Act June 8, 1893, § 2, prohibiting a married woman from becoming surety, plaintiff held not entitled to recover on a note executed by a wife as principal, where the intention was to accept her as surety.-Harper v. O'Neill (Pa.) 1065.

§ 4. Wife's separate estate.

Assignment of equitable interest in land, by married woman to secure another's debt, will be enforced to extent of subjecting land to payment of debt.-Shipman v. Lord (N. J. Ch.) 215.

INCUMBRANCES.

On property of intestate, see "Descent and Distribution," § 2.

INDEBTEDNESS.

Of fraudulent grantor, see "Fraudulent Conveyances," § 1.

Bond and warrant of attorney given by husband See "Guaranty." and wife to secure debt of husband held void as to the wife.-Seigman v. Streeter (N. J. Sup.) 888. § 5. Actions.

One seeking to charge married woman's estate for money loaned, for which her husband. personally, executed evidences of indebtedness, on ground that loans were for benefit of her estate, has burden of proof.-Shipman v. Lord (N. J. Ch.) 215.

Under Gen. Laws, c. 194, § 16, husband and wife cannot jointly sue for debts due to them severally.-Gencarelle v. New York, N. H. & H. R. Co. (R. I.) 174.

INDEMNITY.

INDICTMENT AND INFORMATION.

§ 1. Motion to quash or dismiss, and demurrer.

It is not necessary that defendant in a criminal case should withdraw a plea of not guilty, in order to make a motion to quash the indictment.-State v. Hegeman (Del. Gen. Sess.) 621.

Motion to quash indictment because it was not found after information subscribed before committing magistrate held too late after indictment found on the trial of the cause.-Commonwealth v. Brennan (Pa.) 498.

INDORSEMENT.

Contract of separation made between husband and wife to live apart, without adequate cause, and for purposes against good morals, held not Of bill of exchange or promissory note, see "Bills enforceable.-Boland v. O'Neil (Conn.) 15.

and Notes," § 2.

Violation of liquor laws, see "Intoxicating Liq- ence for expenses against the insolvent estate of uors," § 4.

Preliminary injunction may be awarded to restrain directors changing a mutual insurance company into a joint-stock company, when proceedings prescribed by insurance companies' act are not followed.-German Mut. Fire Ins. Co. § 1. Assignment, administration, and v. Schwarzwaelder (N. J. Err. & App.) 769. distribution of insolvent's estate. Where an insolvent's receiver paid taxes on his Procedure for changing mutual insurance comrealty, his personalty should, on final distribu- pany to joint-stock company, under the insurtion, be increased by the amount from the pro-ance companies' act, indicated.-German Mut. ceeds of the realty which is subject to preferred Fire Ins. Co. v. Schwarzwaelder (N. J. Err. & claims. In re Lord & Polk Chemical Co. (Del. Ch.) 775.

Where one of several trustees of an insolvent was an executor of an estate in which his insolvent was a distributee, it was proper for the court, in a matter affecting the insolvent's rights as distributee, to act at the instance of the remaining trustees.-Hoffman v. Armstrong (Md.) 1012.