warrant submitting to the jury the question whether plaintiff had exercised due care.-WILDE v. LYNN & B R. Co., Mass., 40 N. E. Rep. 851. 15. CARRIERS - Shipment of Cattle.-A railroad company agreeing to transport cattle on a certain day is liable for loss by shrinkage resulting from its failure to provide sufficient stock pens for loading the cattle within a reasonable time after they were at the place of shipment.-MISSOURI, K. & T. Rr. Co. v. WOODS, Tex., 31 8. W. Rep. 237. 16. CARRIERS OF PASSENGERS-Assisting Passenger.A person who boards a train merely to assist another to a seat must give notice of his intention to get off, to hold the company liable for not giving him time there. for; the train having stopped the usual and a reasonable time for passengers to get on and off, and he hav. ing of his own volition jumped off after it had started. -DILLINGHAM V. PIERCE, Tex., 31 S. W. Rep. 203. 17. CARRIERS OF PASSENGERS - Ejection-Mistake in Ticket.-By mistake, a ticket agent selling a mileage ticket good for one year stamps upon it, as the date of issue, 4th March, 1892, instead of 1893. The passenger tenders it on 24th April, 1893, in payment of fare, but it is refused, and he ejected for non payment of fare. The passenger can recover damages.-TRICE V. CHESAPEAKE & O. Rr. Co., W. Va., 21 S. E. Rep. 1022. 18. CITIZENSHIP Evidence. -Evidence that a man had lived in the United States for 40 years, that he had voted for 25 years, and that a person of his name had been naturalized, is sufficient to show that he was a naturalized citizen.-RYAN V. EGAN, 111., 40 N. E. Rep. 827. 19. CONFLICT OF LAWS - Exemption-Attachment.Property of an insolvent, exempt under the laws of Kentucky, is not subject to attachment by a citizen of Kentucky, under the laws of a foreign State, while in the insolvent's possession on a temporary visit to such State. STEWART V. THOMSON, Ky., 31 S. W. Rep. 133. 20. CONSTITUTIONAL LAW - Plea on Trial for Murder. -The supplement to the crimes act enacted in 1893, directing that, if to an indictment for murder a pris. oner shall plead guilty, such plea shall be disregarded, and a plea of not guilty be substituted, and the case tried before a jury, is constitutional.-GENZ V. STATE, N. J., 31 Atl. Rep. 1037. 21. CONSTITUTIONAL LAW-Special Legislation.-Acts 1991, p. 175, providing for the election districts and compensation of justices of the peace in the City of St. Louis, is not in conflict with Const. art. 4, § 53, prohibiting special legislation.-SPAULDING V. BRADY, Mo., 31 S. W. Rep. 103. 22. CONSTITUTIONAL LAW-Trial by Jury.-Code 1892, $2885, providing for a jury of six in inquests of lunacy, does not conflict with any provision of the State constitution, nor with the fourteenth amendment to the federal constitution, which provides that "no person shall be deprived of life, liberty, or property, except by due process of law."-FANT V. BUCHANAN, Miss., 17 South. Rep. 371. a 23. CONTRACT - Liquidated Damages.-Whether sum named in a contract is to be regarded as liquidated damages or as a penalty depends on the intention of the parties as it appears from the nature of the contract, the situation of the parties, and surrounding circumstances, and not merely on the language of the contract.-SANFORD V. FIRST NAT. BANK OF BELLE PLAINE, Iowa, 63 N. W. Rep. 459. 4. CONVERSION-Equitable Assignee-Estoppel.-An equitable assignee of a chattel mortgage cannot maintain an action at law in his own name for conversion of the mortgaged property.-BAKER V. SEAVEY, Mass., 40 N. E. Rep. 863. 25. CORPORATION - Assets-Fund for Creditors. The relation between a corporate creditor and the corporation, whether solvent or insolvent, being simply that of creditor and debtor, he has no equitable title to the corporate assets in the hands of its treasurer.THOMSON-HOUSTON ELECTRIC LIGHT CO. v. HENDER SON ELECTRIC & GAS LIGHT CO., N. Car., 21 S. E. Rep. 951. 26. CORPORATIONS Authority of Manager.-The treasurer of a corporation engaged in the manufacture of furniture, who had general charge of its business, with power to sell goods, purchase material, borrow money, and pay debts, took the entire stock of furniture and a large quantity of lumber belonging to the company, agreed on a value for it with certain corporate creditors, and turned it over to them, to be applied on the company's debts to them, some of which were not then due: Held, that the treasurer exceeded his authority, and the attempted sale was void.-FIRST NAT. BANK OF SPRINGFIELD V. ASHEVILLE FURNITURE & LUMBER CO., N. Car., 21 S. E. Rep. 948. 27. CORPORATION-Collateral Attack.-Where parties in good faith organized as a corporation, and substantially complied with the conditions prescribed as precedent to the commencement of business by the law governing the formation of corporation, such as adoption of articles of incorporation, and filing the same with the county clerk of the county in which the business was to be conducted, and have entered upon the discharge of corporate functions, and so continued for a considerable length of time, although, if challenged by the State in a proper proceeding, it might be declared illegal, was not vulnerable to a collateral attack by a person who contracted with it in its corporate capacity, and thus acknowledged and recognized its corporate existence; the object of such attack being to recover upon the contract against the stockholders of the corporation individually, or to render them liable thereon as members of an unincorporated association or partnership.-KLECKNER V. TURK, Neb., 63 N. W. Rep. 469. 28. CORPORATIONS - Estoppel.-A party who takes part in the meeting of stockholders for the organiza. tion of a corporation under chapter 54 of the Code, and votes therein as a stockholder for directors, and when called upon by the directors pays an assessment on his stock, cannot deny the existence of the corporation when sued for his stock, and is liable therefor.GREENBRIER INDUSTRIAL EXPOSITION V. SQUIRES, W. Va., 21 S. E. Rep. 1015. 29. CORPORATION-Foreign Insurance Company-Contract.-Where the soliciting agent for a foreign insurance company has no authority to pass upon applications nor to issue policies, and the policies, when issued, are not sent to him for delivery, and the premiums paid are forwarded directly to the home office, the contracts of insurance are contracts of the State in which the home office is located.-STATE MUTUAL FIRE INS. ASS'N V. BRINKLEY STAVE & HEADING Co., Ark., 31 S. W. Rep. 157. 30. CORPORATIONS-Powers of President. The president of a corporation organized under Rev. St. 1894, § 5054 (Rev. St. 1881, § 8854), providing that its business should be managed by a board of directors, has no power, by virtue of his office, to mortgage the property of the corporation to secure pre-existing corporate debts.-NATIONAL STATE BANK OF TERRE HAUTE V. VIGO COUNTY NAT. BANK, Ind., 40 N. E. Rep. 799. 31. CORPORATION-Validity of Preference.-Until the court, by its officers, takes charge of the property of an insolvent corporation, the corporation has the same power as an individual over its property, and may prefer certain creditors.-FIRST NAT. BANK OF CRAWFORDSVILLE V. DOVETAIL BODY & GEAR CO., Ind., 40 N. E. Rep. 810. 32. CRIMINAL LAW Indictment.-Rev. St. 1893, ch. 78, § 17, which makes it the duty of the foreman of the grand jury to indorse each true bill as such, signing his name thereto as foreman, and also requires him to "note thereon the names of the witnesses upon whose evidence the same shall have been found," is sufficiently complied with when a true bill is indorsed by the foreman, and the names of the witnesses written thereon by the prosecuting attorney.-BARTLEY V. PEOPLE, Ill., 40 N. E. Rep. 831. 33. CRIMINAL LAW-Rape-Reputation.-The fact that prosecutrix's reputation for chastity was bad is no defense, in a prosecution for rape, where she was under 14 years of age, as her consent to the act was iminaterial; but the evidence of such reputation is admis. sible as affecting her credibility.-STATE V. DUFFEY, Mo., 31 S. W. Rep. 98. 34. CRIMINAL TRIAL Murder-Misconduct of Jury.The use of intoxicating liquors by members of the jury during a trial for capital felony is not, unless 80 ex. cessive as to disqualify them for the intelligent performance of their duty, ground for a new trial.-STATE V. HARRIGAN, Dela., 31 Atl. Rep. 1052. 35. EASEMENT - Highway.-When a man grants land to another in the middle of land retained, he impliedly gives the grantee a way to come at it across the land retained. This is an instance of what is called the "way of necessity."-BoYD V. WOOLWINE, W. Va., 2 21 S. E. Rep. 1020. 36. ELECTIONS Deposit of Balot.-Acts 1893, § 4781, provides that, "on receipt of his ballot, the elector shall forthwith, and without leaving the polling place, retire alone to one of the places, booths, or compartments provided, to prepare the ballot:" Held, that the fact that several voters neglected to retire to the booths to mark their ballots, it not appearing that such neglect was willful, does not make their votes Illegal.-HALL V. SCHOENECKE, Mo., 31 S. W. Rep. 97. 37. ELECTION - Officers.-Plaintiff was elected by the legislature on March 9th, to fill an office created by an act passed on March 8th, containing the provision that it should be "in force from and after its ratification," and which was not signed by the president of the senate and speaker of the house until March 12th: Held, that the election was void.-STATE V. MEARES, N. Car., 21 S. E. Rep. 973. 38. ELECTIONS AND VOTERS Residence.-Under Const. art. 2, § 3, providing that, for purposes of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while a student of any seminary of learning, he does not by rooming, while a student, in a seminary, gain a right to vote in the election district in which it is situate, but acquisition of a residence in the district must be not only intended, but accomplished, wholly outside his student character.-IN RE GOODMAN, N. Y., 40 N. E. Rep. 769. 39. EMINENT DOMAIN - Damages.-Where the land taken is part of a cultivated farm, it is proper to charge that, in assessing the damages for land not taken, the jury may take into consideration any damages the evidence may show will be caused to such land by the discharge of cinders, ashes, and smoke, and any real danger thereto from fire from engines.-CHICAGO, P. & M. R. Co. v. ATTERBURY, Ill., 40 N. E. Rep. 826. 40. EQUITY- Rescission of Contract.-The complaint alleged that defendants, by fraudulent practices, induced plaintiff to purchase property from them for twice what it was worth; that part payment thereof had been made, and notes and mortgages given for the residue: Held insufficient to maintain an action for the cancellation of the notes and mortgages, where the property received was worth more than the part payment made, without offering to put the vendors in statu quo.-BUENA VISTA FRUIT & VINEYARD CO. v. TUOHY, Cal., 40 Pac. Rep. 386. buggy to enable him to carry on his business, yet, where such person purchases the same purely for speculative purposes, they are not exempt.-BOYLE V. WALSH, Mich., 63 N. W. Rep. 435. 43. FOREIGN INSURANCE Enforcement of Assessments. A foreign mutual fire insurance company, which has not been authorized to transact business in Michigan, as required by How. Ann. St. § 4331 et seq., cannot maintain an action for an assessment on a policy insuring property in the State, though the contract was completed by mail in another State, and was enforceable there, as How. Ann. St. § 8136, forbids any action by a corporation on anything done without express authority of law, and because the doctrine of State comity will not be applied to an action on a contract at variance with the policy of this State.-SEAMANS V. TEMPLE CO., Mich., 63 N. W. Rep. 408. 44. FRAUDS, STATUTE OF Undertaking by Bank President.-A parol promise by the president of a bank to become liable to the bank for the overdrafts of a minor is not within the statute of frauds.-Brown V. FARMERS' & MERCHANTS' NAT. BANK, Tex., 31 S. W. Rep. 216. 45. FRAUDULENT CONVEYANCES. Where, on exchange of lands by a real estate agent, a deed is made to the agent, instead of to his principal, and he afterwards conveys to the principal, who pays the consideration, and has the land assessed in her name for taxes, and makes improvements thereon, the evidence is sufficient to sustain the claim of the principal to the land as against a judgment against the agent levied while the land stood in his name, without the knowledge of either the principal or agent.-PETIT V. HUBBELL, Mich., 63 N. W. Rep. 407. 41. EVIDENCE-Parol.-Where certain persons agreed to secure and pay for the right of way and depot grounds for a railway company, and the written contract provided that the company should select the location for the depot, parol evidence that defendant signed the contract with the understanding that the depot was to be located near or upon lands belonging to him was inadmissible.-FAIRES V. COCKRILL, Tex., 31 8. W. Rep. 190. 42. EXECUTION - Exemptions.-Even though a person engaged in the business of an inventor and in selling patent rights may claim as exempt a horse and 46. FRAUDULENT CONVEYANCE TO WIFE-Homestead. -A conveyance by a husband to his wife in consideration of her assuming the incumbrances on the land, and accounting to the children of the husband for the homestead, will not be set aside as in fraud of creditors, where the value of the land does not exceed the homestead right together with the incumbrances.— NASH V. GERAHTY, Mich., 63 N. W. Rep. 437. 47. GARNISHMENT Release of Garnishee.-Under How. Ann. St. § 8041, providing that if plaintiff fails to recover judgment against defendant it shall be deemed a discontinuance of all proceedings against a garnishee, when construed in connection with How. Ann. St. §§ 8037, 8038, 8040, providing for proceedings against a garnishee after "final determination" against defendant, a garnishee is not released from plaintiff'e claim by a judgment in a justice's court in favor of defendant, from which plaintiff has appealed.-ERICK. SON V. DULUTH, S. S. & A. RY. Co., Mich., 63 N. W. Rep. 420. 48. HUSBAND AND WIFE-Contracts.-A husband who has a contract with a county to furnish board to its prisoners has the right to assign it to his wife, and re linquish to her the profits arising therefrom.-CARSE V. RETICKER, Iowa, 63 N. W. Rep. 461. 49. INSURANCE-Conditions of Policy.-In an action on an insurance policy, which provided that, if the insured did not own the land on which the insured building was situated, the policy should be void, unless such fact appeared in writing thereon, it appeared that plaintiff did not, in his application, claim to own the land, and that defendant's agent knew at the time the policy was issued that plaintiff did not own it: Held, that defendant was estopped to claim a forfeiture for breach of such stipulation, though the policy provided that a waiver of any conditions thereof by the agent should be indorsed thereon-PARSONS V. KNOXVILLE FIRE INS. CO., Mo., 31 S. W. Rep. 117. 50. INSURANCE-Notice-Waiver.-Notice and proof of loss can be waived by parol, though the policy provides that they shall be waived only by indorsement on the policy.-BURLINGTON INS. Co. v. KENNERLY, Ark., 31 S. W. Rep. 155. 51. INSURANCE - Validity of Policy.-An insurance company cannot resist the payment of a policy obtained in good faith, and without misrepresentation, issued to a firm, when there is only one person in said firm; particularly when the agent issuing the policy knows that only one person composes said firm.-IN RE PELICAN INS. CO. OF NEW ORLEANS, La., 17 South. Rep. 427. 52. INSURANCE Warranty Misdescription.Though the policy provided that the description of the insured property should be part of the contract, and a warranty by the insured, the fact that the agent misdescribed the property did not defeat a recovery on the policy, where the insured accurately described the property, and did not know of the error in the description till after the fire. -DOWLING V. MERCHANTS' INS. CO. OF NEWARK, Penn., 31 Atl. Rep. 1087. 53. INTOXICATING LIQUOR-Illegal Sale. In an action for violating an ordinance which forbids an unlicensed person to sell liquor, it is not incumbent on the prosecutor to prove affirmatively that the defendant was not licensed.-STATE V. WATSON, N. J., 31 Atl. Rep. 1040. 54. INTOXICATING LIQUORS Illegal Sale.-Rev. St. 1993, ch. 43, § 16, making it a criminal offense to sell intoxicating liquors outside of cities, towns, and villages "in any less quantity than five gallons, and in the original package as put up by the manufacturer," prohibits sales of less than five gallons, except when contained in an original package.-TIPTON V. PEOPLE, III., 40 N. E. Rep. 838. 55. INTOXICATING LIQUOR-Illegal Sale-Indictment. In an indictment of the agent of the buyer, under Code, § 1604, providing that any person who acts as agent of either the seller or purchaser of liquor, where such sale is unlawful, shall be guilty of a misdemeanor, it is not necessary to set out the name of the seller.-STATE V. CALDWELL, Miss., 17 South. Rep. 372. 56. JUDGMENT-Failure to Enter.-In an action for divorce, where the jury returned a special verdict that the parties were not married, and the court thereupon ordered judgment for defendant, the failure of the clerk to enter it in the minute book of the court, and the fact that the trial judge was re-elected before it was so entered, do not affect the validity of the judgment.-HOLT V. HOLT, Cal., 40 Pac. Rep. 390. Set-off.-Where defendant in attachment has recovered damages against plaintiff and the sureties on his attachment bond, a court of equity may, in an action by the attachment plaintiff for that purpose, set off against such judgment the debt sued for in the attachment case.-FELD V. COLEMAN, Miss., 17 South. Rep. 378. 57. JUDGMENT 58. JUDGMENT BY DEFAULT.-A personal judgment, taken by default against a wife in an action to enforce a mechanic's lien, is properly set aside where her husband contracted the debt while unmarried. The petition did not show a personal liability on her part, and she was assured by plaintiffs that there was no necessity for her appearance, though the notice addressed to her recited that a default would be entered against her.-LAKSON V. WILLIAMS, Iowa, 63 N. W. Rep. 464. 10. LANDLORD AND TENANT-Lease-Renewal.-When lease provides for a renewal thereof upon the giving by the lessees of notice of their option to that effect, the mere holding over by them of the premises does not show that the lease has been extended for a subsequent term.-COOPER V. JOY, Mich., 63 N. W. Rep. 414. 60. LIBEL AND SLANDER.-The distinction does not exist in the jurisprudence of Louisiana between words which are actionable in themselves without proof of special damage and words actionable only with reference to some actual consequential damage.-FELLMAN V. DREYFOAMS, La., 17 South. Rep. 422. 61. LIFE INSURANCE-Beneficiaries. -A policy of life Insurance made payable to the wife and children of the assured inures to his surviving widow and to his children in equal portions, share and share alike.-IN RE CRANE, La., 17 South. Rep. 431. 62. MAINTENANCE What Constitutes. - Where the purchaser at a mortgage foreclosure, who has taken possession, does not complete the purchase by paying the balance of the price, the assignee of the mortgagee's interest may purchase the equity of redemp. tion from the mortgagor, and proceed to obtain possession, without being guilty of maintenance.-TUTWILER V. ATKINS, Ala., 17 South. Rep. 394. 63. MALICIOUS PROSECUTION OF CIVIL ACTION.Where, in an action brought for the malicious prosecution of a civil suit, the evidence tended to prove that it was brought without probable cause, and that the plaintiff therein, without any other apparent reason, xermitted the suit to be dismissed without trial, held, that evidence of the subsequent commence. ment by him of another suit against the same defendant, upon the same cause of action, is admissible to show malice.-SEVERNS V. BRAINERD, Minn., 63 N. W. Rep. 477. 64. MARRIED WOMEN.-A married woman living with her husband is liable for medical services for herself and a child by a former marriage, rendered at her request, directly charged to her, and for which she agreed to pay.-GOODMAN V. SHIPLEY, Mich., 63 N. W. Rep. 412. 65. MARRIED WOMAN-Purchase of Land at Judicial Sale.-Plaintiff, who was one of the heirs to an estate, bid in a parcel of the land sold in partition under decree of court. Plaintiff's share in the estate was applied pro tanto, on the price, and the sale of the land was, without objection, confirmed to her, subject to a lien for the balance due thereon; but in default of payment, the land was afterwards sold to another: Held that, though plaintiff was a married woman, she cannot be relieved from her purchase of the land, where no objection was made to any of the decrees relative to the sales until after the purchaser paid his money into court, and took possession of the land.-BLANTZ V. BAIN, Tenn., 31 S. W. Rep. 159. 66. MASTER AND SERVANT-Defective Machinery.-An employee of mature years, who was removed from one employment and set to work in another, without ob. jection by him, cannot recover from his employer for injuries received through his unfamiliarity with the machinery which he was required to operate, unless his employer knew of his inexperience in that direction, or was informed of it by the employee.ARCADE FILE WORKS V. JUTEAU, Ind., 40 N. E. Rep. 818. 67. MASTER AND SERVANT Fellow-servants-Negli. gence. The telegraph operator in charge of a signal station, who has control, by means of signal orders, of the running of trains over a block section of a railroad, is not the fellow-servant of a brakeman injured on such block section by reason of such operator's negligent management of the running of such trains.FLANNEGAN V. CHESAPEAKE & O. RY. Co., W. Va., 21 S. E. Rep. 1028. 68. MORTGAGE - Effect of Tender. The tender by a mortgagor of the amount due upon a mortgage, after maturity, without payment into court, stops interest and costs after tender, but does not discharge the lien of the mortgage.-PARKER V. BEASLEY, N. Car., 21 S. E. Rep. 955. 69. MORTGAGE FORECLOSURE Homestead. One is estopped to claim a homestead in lands which he conveyed in trust, as security for a loan, if he and his wife designated other property as their homestead, and made affidavit that they claimed no homestead in the property conveyed, and the loan was made on these representations.-CARDEN V. SHORT, Tex., 31 s. W. Rep. 246. 70. MUNICIPAL CORPORATION-Defective Sidewalks.A cross walk containing a loose plank, the end of which is raised about two inches above the level of the walk, is "reasonably safe" within the meaning of 3 How. Ann. St. § 1446e, which makes it the duty of municipal corporations to keep cross walks in reasonably safe condition for public travel; and a person Injured by stumbling against such plank cannot recover.-WEISSE V. CITY OF DETROIT, Mich., 63 N. W. Rep. 423. 71. MUNICIPAL CORPORATION Defect in Street-Recovery Over against Street Railway.-When a street railway company obtains a franchise from the city, agreeing to keep its tracks at proper grade, and an accident happens through its failure to do so, for which the city is liable in damages, the company is liable over to the city.-CITY OF FT. WORTH V. ALLEN, Tex., 31 S. W. Rep. 235. 72. MUNICIPAL CORPORATION - Explosion of Gases in Sewer.-In an action against a city for damage caused by the explosion of a public sewer, it appeared that petroleum which had been allowed to run into the sewer under direction of the chief of the city's fire department could not flow out by reason of the high water in the river at the outlet of the sewer; that it was in the sewer for four days, and generated gases, which could not escape because the manholes were kept closed; and that the gases were accidentally. ignited, causing the explosion: Held, that the question of the city's negligence was for the jury.-FUCHS V. CITY OF ST. LOUIS, Mo., 31 S. W. Rep. 115. 73. MUNICIPAL CORPORATION Independent Contractors Negligence.-A fireworks company con. tracted with a city to purchase and set off a display of fireworks for a certain sum for the entire service, and to pay all claims for personal injuries resulting from the fireworks, the city having no control whatever over the preparation or execution of the work: Held that, where the display included pieces in the setting up of which scaffolding was necessary, the city was not liable for a death occurring through the negligence of an employee of the company in erecting the scaffolding.-HEIDENWAG V. CITY OF PHILADELPHIA, Penn., 31 Atl. Rep. 1063. 74. MUNICIPAL CORPORATION-Ordinance-Regulation of Pawnbrokers. A city ordinance requiring every pawnbroker to keep a book in which shall be entered a description of all property left with him in pawn, together with the name and description of the person by whom left, and to submit such book to the inspection of the mayor or any police officer on demand, is a mere police regulation to aid in the detection and prevention of larceny, which a city has a right to pass under a charter giving it power to license, regulate, tax, or suppress pawnbrokers.-CITY OF ST. JOSEPH V. LEVIN, Mo., 31 S. W. Rep. 101. 75. MUNICIPAL ELECTIONS-Constitutional Law.-Under Const. art. 6, § 3, providing that "all qualified electors" residents of any city or town for six months preceding the election "shall have the right to vote for mayor and all other elective officers," the legislature has power to provide for the election of aldermen by the qualified voters of the whole or part of any ward, or by the city at large.-STATE V. MCALLISTER, Tex., 31 S. W. Rep. 187. 76. MUNICIPAL IMPROVEMENTS - Liability of City to Contractor. -The liability of a city to a contractor for the value of street improvements, imposed by Rev. St. 1894, § 4290, arises only when the city has issued and sold bonds to pay for such improvements, or has collected assessments made for that purpose against the property benefited.-PORTER V. CITY OF TIPTON, Ind., 40 N. E. Rep. 802. 77. MUTUAL BENEFIT SOCIETY - Insurance. Under a benefit certificate payable to the holder's wife, issued by a benevolent association, the by laws of which provided that, if all the beneficiaries should die before the death of the member, the benefit should be paid to the member's dependent heirs, and, if he had none, that it should revert to the benefit fund, the beneficiary took no vested interest in the benefit before the mem. ber's death; Act April 15, 1868, providing that all life 78. NEGLIGENCE-Action against Druggist.-In an ae. tion against a druggist for negligently giving him an injurious medicine, plaintiff, to recover, must show himself not guilty of contributory negligence.-RABE V. SOMMERBECK, Iowa, 63 N. W. Rep. 458. 79. NEGLIGENCE Water Companies-Loss by Fire.A water company is not liable to the owner of private property destroyed by fire through failure to furnish water to extinguish fires under a contract between it. self and a city. -HOUSE V. HOUSTON WATER-WORKS Co., Tex., 31 8. W. Rep. 179. 80. NEGOTIABLE INSTRUMENT Consideration of Pledge. A pre existing debt is not such valuable con. sideration as will protect the holder of a negotiable note wrongfully pledged as collateral security by the payee.-UNION TRUST CO. V. MCCLELLAN, W. Va., 21 S. E. Rep. 1025. 81. NEGOTIABLE INSTRUMENT - Note-Consideration. -Plaintiff, having purchased land in which defendant appeared to have an interest, induced defendant and his wife to go to M, a distance of about seven miles, and execute to him a quitclaim deed conveying such interest, giving his note for $50 therefor. It was shown that, prior to the execution of the deed and note, defendant told plaintiff that he had no interest in the land, having previously conveyed all his interest to one of plaintiff's remote grantors; and such conveyance was subsequently found by plaintiff: Held, that the note was based on a sufficient consideration. -MULLEN V. HAWKINS, Ind., 40 N. E. Rep. 797. 82. NUISANCE - Action for Injuries. A mill, manufacturing powder and other explosives, and storing the same on the premises, situate on the bank of the Ohio river and near two railroads and a public road, is a public nuisance, and any one injured in property by explosion of powder stored there may recover damages without proof of negligence in its operation.WILSON V. PHOENIX POWDER MANUF'G CO., W. Va., 21 S. E. Rep. 1035. 83. OFFICERS Clerk of Court Qualifications.-In Const. § 100, providing that "no person shall be eligible to the office of clerk unless he shall have procured from a judge of the Court of Appeals or a judge of a Circuit Court a certificate that he has been examined by the clerk of his court under his supervision, and that he is qualified for the office for which he is a candidate," the words "eligible to the office" relate, not to the time of election, but to the time when the candidate is about to assume the office, and mean "qualified for the office;" and hence the judge's cer tificate as to the qualification of one for the office of clerk of court may be given after his election thereto. -KIRKPATRICK V. BROWNFIELD, Ky., 31 S. W. Rep. 137. 84. OFFICER - Penalty-Receiving Illegal Fees. The fact that a person, knowing fees demanded from him by a public officer are illegal, keeps silence, and allows him to collect them, is no defense in an action by him against the officer for the statutory penalty.-LEGGATT V. PRIDEAUX, Mont., 40 Pac. Rep. 377. 85. PARTITION Tenants in Remainder.-Where all the lands of which partition is sought by tenants in remainder of several undivided shares are held by a single particular estate, partition cannot be had without the consent of the tenant of that particular estate. -ROARTY V. SMITH, N. J., 31 Atl. Rep. 1031. 86. PARTNERSHIP-Articles of Association. - A stipulation that the death of a partner shall not operate as a dissolution of the association, but that the decedent's shares shall thereupon vest in his executors, or administrators, or devisees of the stock, who shall succeed as in case of transfer on the books, in which case the assignee of stock is made subject to the rights and obligations of the original owner thereof, does not compel an executor of the deceased partner to accept the stock of his testator, so, as to charge the decedent's general estate with firm debts contracted after his death.-WILCOX V. DERICKSON, Penn., 21 Atl. Rep. 1080. Fraud of Partner.-L, a member 87. PARTNERSHIP of an association in the nature of a partnership, induced the association to rent premises belonging to him, concealing the fact of his ownership thereof. He subsequently induced two of the other partners to join him in purchasing the premises, and as owners they received the rents paid by the association: Held, that the two partners who joined him in the purchase had no right of action against L to recover the rents paid by the association, without offering to return the portion of the rents received by them as part owners of the premises.-BESTOR V. LAPSLEY, Ala., 17 South. Rep. 389. Platform.-Where intersecting railroads use a common depot, and a person at the depot at night, for the purpose of taking passage on one of the roads, is injured on account of the failure to properly light the platform, the other road, which ran no trains during the night, is not liable for the injuries.-LOUISVILLE, N. A. & C. RY. CO. V. TREADWAY, Ind., 40 N. E. Rep. 807. 88. PHYSICIAN-Action for Services-License. A complaint by a physician in an action to recover for services rendered as such, which does not allege that he procured the license to practice provided for by Rev. St. 1894, §§ 7318, 7319, 7322, is bad on demurrer.-BEDFORD BELT RY. Co. v. MCDONALD, Ind., 40 N. E. Rep. 821. 59. PLEADING-Name of Defendant.-Where the com. plaint described defendant as the "S., A. & M. Railroad Company," an amendment describing defendant as the "S., A. & M. Railway" did not involve an entire change of the party defendant.-SAVANNAH, A. & M. Rf. V. BUFORD, Ala., 17 South. Rep. 395. 90. PLEADING-Amendment-New Cause of Action.Where a cause of action ex contractu has been reversed on appeal, with direction to sustain a demurrer thereto, it is not error to refuse to allow plaintiff to file an amended complaint in tort against one defendant and dismiss the action as to the others, under Rev. St. 1894, § 345 (Rev. St. 1881, § 342), which provides that a party affected by a ruling on demurrer may plead over or amend upon such terms as the court may direct.-THOMAS V. HAWKINS, Ind., 40 N. E. Rep. 813. 91. PLEADING-Set-Off-Unliquidated Damages.-Defendant, having bought coal of plaintiff, and not hav ing rescinded the contract and returned the coal on discovering its defective quality, but having thereafter paid for it, cannot, in an action on a subsequent transaction, set off the overpayment on account of such defects; his claim being for unliquidated damages, for which he must bring an action on the contract.-SHIPMAN V. CORYELL, Mich., 63 N. W. Rep. 410. 92. PRINCIPAL AND SURETY. - Where the debtor and surety each mortgages his own lands to secure the debt, and the debtor subsequently again mortgages his land to secure another debt, it is error, as against the surety, to order, on foreclosure of the first mortgage, that the surety's land be first sold. -KEMPNER V. DOOLEY, Ark., 31 S. W. Rep. 105. 93. PUBLIC LANDS-Cession to State. The cession of the "unsurveyed and unsold" lands in the Virginia military district to the State of Ohio, by the act of congress approved February 18, 1871, was a grant in prasenti, and vested the title to the lands in the State at that date, subject only to the right of bona fide settlers to pre-empt portions occupied by them, not exceeding the quantity named in the act.-BOARD OF TRUSTKES V. CUPPETT, Ohio, 40 N. E. Rep. 792. 4. PUBLIC LAND-Record of Deed.-A patent from the United States for land need not be delivered or recorded.-SAYWARD V. THOMPSON, Wash., 40 Pac. Rep. 379. 95. RAILROAD COMPANY-Changing Current of Stream. -A railroad company is liable for the overflow of land caused by its negligent construction of an embankment, to protect a bridge without sufficient water ways therein to allow the overflow of a river to pass off in its proper and usual course. - ST LOUIS & S. F. RY. Co. V. CRAIGO, Tex., 31 8. W. Rep. 207. 96. RAILROAD COMPANIES - Failure to Light Station 97. RAILROAD COMPANY - Foreclosure Sale. - Where a railroad in the hands of a receiver acting under the directions of a federal court was ordered to be sold, and possession delivered to the purchaser, subject to the payment of any claims against the receiver which should be established within a specified time, the purChaser will not be liable, by virtue of such order alone, to one who fails to have his claim so ascertained and allowed.-HOUSTON & T. C. R. Co. V. CRAWFORD, Tex, 31 S. W. Rep. 176. 98. RAILROAD COMPANY-Lease-Liability for Negligence. A railroad company cannot escape its responsibility for negligence by leasing its road to another company, unless the charter or a subsequent act of the legislature specially exempts it from liability in such case.-LOGAN V. NORTH CAROLINA R. Co., N. Car., 21 S. E. Rep. 959. 99. RAILROAD COMPANY Sleeping Car CompaniesAssault on Trespasser. - A sleeping-car company is not liable for an assault made by one of its stewards on a passenger on one of the regular cars of the train, who has, without right, entered defendant's car attached to such train, to induce the steward to sell him liquors, in violation of the law and the company's orders.-CASSEDY V. PULLMAN PALACE CAR CO., Miss., 17 South. Rep. 373. 100. RAILROAD COMPANY-Street Railroads-Injuries to Child. It is the duty of street railway companies to prevent children from entering into their cars, ex cept under proper safeguards. -NEW JERSEY TRACTION CO. V. DANBECH, N. J., 31 Atl. Rep. 1038. 101. REAL ESTATE AGENT-Commissions.-Where an agent in an action for commissions on the sale and exchange of property alleges a specific contract of employment, he cannot recover by proving that the owners of the different properties, after the negotiations which he was conducting had fallen through, ef. fected between themselves a sale and exchange on different terms from those he was authorized to make. -THORTON V. STEVENSON, Tex., 31 S. W. Rep. 232. 102. RECEIVER - Occupation of Leased Premises.-A receiver of an insolvent corporation who takes possession of a leasehold estate held by such corporation does not thereby become an assignee of the term, nor liable on the covenants of the lease, but is liable only for a reasonable rent while in possession.-BELL V. AMERICAN PROTECTIVE LEAGUE, Mass., 40 N. E. Rep. 857. 103. RELIGIOUS SOCIETY - Church Tribunal.-Courts which have no ecclesiastical jurisdiction will neither review nor revise the proceedings or judgments of church tribunals, where therein are involved only questions of church discipline.-POWERS V. BUDY, Neb., 63 N. W. Rep. 476. 104. REPLEVIN-Damages. In an action for claim and delivery, where the subject matter of the action has a usable value, the resonable value of the use of it during the time of its wrongful detention may be properly shown and considered in the assessment of the damages for such detention, if properly pleaded. -WILLIAMS V. WOOD, Minn., 63 N. W. Rep. 492. 105. RESCISSION-Undue Influence.-Parents of sound mind, in the absence of undue influence, may deed their property to some of their children to the exclusion of others, though there was no money consideration for the conveyance, and the grantors reserved the right of possession during their lives.-HESTER V. SAMPLE, Iowa, 63 N. W. Rep. 463. 106. RES JUDICATA - Decree.-A decree of a court of chancery stating that the same is without prejudice to |