1. ACCOUNTING - Remedy at Law.-Three contracts, and two supplemental ones, were set out in a bill seekIng relief in equity. They extended over a long period of time, and involved many thousands of dollars; there being a great variety of grades of lumber in each contract, each grade having a separate price. Pay. ments were made, under them, extending through a series of years. Great controversy whether insurance was properly paid was involved, also a controversy as to whether lumber was shipped in place of lumber burned, and also a manifest complication of accounts, and great difficulty in the way of adequate relief by action at law: Held that, though the accounts might not be mutual, equity would retain jurisdiction.— BLODGETT V. FOSTER, Mich., 72 N. W. Rep. 1000.

2. ACTION EX DELICTO-Misjoinder.-In a declaration charging willful and malicious injury to a chattel, allegations of bailment, and implied contract to use care and return the chattel in good condition, are recitals by way of inducement only. The action is ex delicto, and misjoinder of defendants will not defeat it.-STATE V. OLIVER, N. J., 38 Atl. Rep. 693.

3. ADMINISTRATION-Action against Administratrix.— An administratrix of a solvent estate had in her hands sufficient cash to pay an allowed claim against the estate, but refused to pay it, although more than two years had elapsed since such allowance, and the time fixed by the probate court for allowing claims had expired. Thereupon the probate court made an order permitting the claimant to bring suit against the administratrix and her bondsmen, they having refused to pay the claim on demand: Held, that it was not nec essary that the probate court should order the claim paid before the right of action accrued to the claim.

ant to bring such suit.-JOHANSON V. EKLUND, Minn., 72 N. W. Rep. 965.

4. ADVERSE POSSESSION Attornment.-One who takes possession of land without any claim of right or title may, on the subsequent sale of the land for taxes, by agreement with the purchaser at such sale, hold in subordination to him, so as to render the possession that of the purchaser, without notifying the owner of the record title of such agreement.-HOLTZMAN V. DOUGLASS, U. S. S. C., 18 8. C. Rep. 65.

5. ADVERSE POSSESSION - Payment of Taxes.-In ejectment the defense of adverse possession fails where defendant shows only color of title and posses. sion, and does not show payment of taxes for seven years by or on behalf of the person having color of title and actual possession.-BELL V. NEIDERER, III., 48 N. E. Rep. 194.

6. ANIMAL- Property in Dog.-The owner of a dog has such a property in it as will enable him to maintain an action of trover for its recovery in case of its wrongful conversion.-GRAHAM V. SMITH, Ga., 28 S. E. Rep. 225.

7. APPEAL-Law of Case.-The judgment of the appellate court becomes the "law of the case," and the mere amendment of the pleadings, upon reversal, by increasing the demand so as to bring the case within the jurisdiction of the supreme court, does not change the rule.-JAMES V. LAKE ERIE & W. RY. Co., Ind., 48 N. E. Rep. 222. 8. APPEAL-Writ of Error Notice.-Though verbal notice of intention to sue out a writ of error has been given him, one may serve a copy of a motion to dismiss the suit, submit at the same time briefs on the merits and on the motion, and appear generally to file the motion, without waiving service of the notice mentioned in Rev. St. 1889, § 2290, which requires written notice of the suing out of a writ to be served on the adverse party 20 days before the return day thereof.KENNER V. DOE RUN LEAD CO., Mo., 42 S. W. Rep. 683. 9. ASSIGNMENT FOR CREDITORS Leasehold.-Where an assignee for creditors takes possession of a leasehold before the levy of any distress warrant by the landlord for rent, the landlord has no prior lien, but must share pro rata with other creditors.-RAND V. FRANCIS, Ill., 48 N. E. Rep. 159.

10. ATTACHMENT Fraudulent Transfer.-Where an attachment was issued on the ground, among others, that the defendant had disposed of his property, in whole or in part, with intent to defraud his creditors, and in resistance of a motion to discharge the attachment there was undisputed proof of admissions by the attachment defendant that he had made such a transfer of the nature charged that no execution against him could be collected, held, that there exists no rea son for assuming that the transfer must have been made subsequent to the commencement of the attachment suit, in view of the fact that the attachment defendant himself placed no such limitation on his own admissions of the fraudulent transfer in question.NEBRASKA MOLINE PLOW Co. v. FUEHRING, Neb., 72 N. W. Rep. 1003.

11. ATTORNEYS - Assisting in Prosecutions.- Where defendant approved of plaintiff's employment in his behalf, any errors in the admission of testimony regarding the employment, in an action for the services, were harmless. 3 How. Ann. St. § 557, and 1 How. Ann. St. § 560, prohibiting a prosecuting attorney from having assistance of counsel who has received compensation from persons interested in prosecuting defendant, or who is interested in a civil action depending directly or indirectly upon the state of facts charged against defendant, do not prohibit the employment by a corporation of an attorney to assist in the preliminary examination of one of its employees charged with embezzlement.-MCCURDY V. NEW YORK LIFE INS. Co., Mich., 72 N. W. Rep. 996.

claim against a responsible party, and a note amply secured by trust deed, does not authorize him to surrender the same in exchange for a bond of doubtful value.-MCCLINTOCK V. HELBERG, Ill., 48 N. E. Rep. 145. 13. BANKS - Authority of President.-In the absence of evidence to the contrary, it will be presumed that the president of a bank has authority to offer a reward for information leading to the arrest of a defaulting teller.-BANK OF MINNEAPOLIS, MINN., V. GRIFFIN, Ill., 48 N. E. Rep. 154.

14. BANKS Insolvent Debtor-Appropriation of Deposit.-A holder of bank stock placed it in the hands of the bank's cashier for negotiation. The cashier ob. tained a loan on the stock, and was advised by the owner to remit the proceeds to him. The owner was at the same time indebted to the bank, and the cashier, without authority, deposited the proceeds in the bank, by which it was appropriated in payment of the indebtedness: Held, that the bank was chargeable with notice of the cashier's fraud, and could not make the appropriation.-WINSLOW V. HARRIMAN IRON CO., Tenn., 42 S. W. Rep. 698.

15. BANKS - Payment of Check on Forged Indorsement. The drawer of a check delivered it to one who had applied for a loan as agent of the payee, and who gave the drawer notes and a trust deed purporting to be signed by said payee; but the latter had not authorized the transaction, and never received the check, which was paid by the drawee bank on a forged indorsement of the payee's name: Held, that the liabil. ity of the bank was to the drawer of the check, since it never became the property of the payee.-FIRST NAT. BANK OF CHICAGO V. PEASE, Ill., 48 N. E. Rep. 160. 16. BENEVOLENT SOCIETY-Beneficiaries-By-laws.A by-law of a benefit association providing that death benefits should only be payable to kinsmen and those dependent on the deceased member is violative of Laws 1893, p. 130, § 1, which provides that such benefits shall be payable to an affianced husband or wife; and where the deceased directed, in his application, that the benefit should be payable to his afflanced wife, though the society had refused to issue him a certificate naming her as the beneficiary, she can maintain an action therefor.-WALLACE V. MADDEN, Ill., 48 N. E. Rep. 181.

17. BENEVOLENT SOCIETIES-Enforcement of Rights. -The general rule is that, to secure property rights or enforce money demands against a social or beneficial organization, the member may, in the first place, prosecute his claim in the civil courts. The exception is where the constitution of the defendant body contains an express agreement binding its members first to seek their rights in the tribunals of the order before bringing an action at law. In this case there was no such agreement or provision which entered into the contractual relation between the parties, and therefore a suit at law will lie.-ROXBURY LODGE, NO. 184, I. O. O. F., v. HOCKING, N. J., 38 Atl. Rep. 693.

Declaration

18. BENEVOLENT SOCIETY-Insurance as to Age.-The declaration of his age, made by an applicant in his petition for membership in a beneficial society, which has been accepted, and a beneficiary certificate issued, and the required payments made and received for a series of years, will be presumed to be correct, until the presumption is overCOUNCIL OF come by competent proof.-SUPREME GOLDEN STAR FRATERNITY V. CONKLIN, N. J., 38 Atl. Rep. 659.

19. BILLS AND NOTES-Indorsement. Defendant, before signing his name on the back of a note, stated that he indorsed the note because he believed the maker to be good, and that the payee must exhaust the maker before he collected from defendant. The payee assented to this: Held, that defendant was an - MILLIGAN V. HOL. indorser, and not a guarantor. BROOK, Ill., 48 N. E. Rep. 158.

20. BOUNDARIES-Location of Surveys. Where only the exterior lines of a batch of surveys made in the

name of the same warrantee are located, the interior lines separating the individual tracts are to be ascer tained according to the rules applicable to the "block system" by reference to monuments made or adopted in the exterior lines; but, where there are marks of the original survey made or adopted for each of the tracts, sufficient to fix the position of their lines on the ground, each tract must be located by following the footsteps of the surveyor, as nearly as the marks he has left behind him will permit. MORRISON V. SEAMANS, Penn., 38 Atl. Rep. 710.

21. BOUNDARIES-Owners' Agreement.-Where owners of adjoining lands agree upon the dividing line, take and hold possession of their respective tracts, and im prove the same in accordance therewith, each party will be estopped from afterwards asserting that the line so agreed upon is not the true line, although a sufficient time has not elapsed to raise the bar of the statute of limitations. ST. BEDE COLLEGE V. WEBER, Ill., 48 N. E. Rep. 165.

22. BUILDING AND LOAN ASSOCIATION Loan Associations-Insolvency-Borrowing Member.-As the basis on which a borrowing member will be allowed to redeem mortgaged premises from an insolvent loan association, he will be charged with the money actually received, with interest thereon to the time of the insolvency, and be credited with the interest paid on the amount received and the premium, and with interest calculated on the installments of interest paid on account of the premium from the time of each payment.-MORAN V. Gray, N. J., 38 Atl. Rep. 668.

24. CARRIERS OF PASSENGERS Contributory Negligence. -It is not contributory negligence per se to alight from a slowly-moving horse car, and, when per sonal injury and a suit for damages result from so do. ing, it should be left to the jury to determine, from all the evidence, whether the proximate cause of the ac cident was the plaintiff's own negligence, or a want of proper care in the control and management of the car. -NEW JERSEY TRACTION CO. V. GARDNER, N. J., 38 Atl. Rep. 669.

25. CARRIERS OF PASSENGERS - Negligence. A railroad company owes to one standing to it in the relation of a passenger, who must necessarily cross its tracks at a way station to reach his train, a higher degree of care than that due to mere trespassers or strangers; and the passenger has a right to rely on the exercise of such care by the company.-WARNER V. BALTIMORE & O. R. Co., U. S. S. C., 18 S. C. Rep. 68.

26. CONSTITUTIONAL LAW-Municipal Courts.-Within the limits of the constitution, the legislature may enact laws defining the jurisdiction and powers of all courts in the State; but such a law, to be valid, must be uniform as to all courts of the same grade, wherever situ. ate.-STATE V. MAGNEY, Neb., 72 N. W. Rep. 1006.

27. CONTEMPT-Custody of Court House.-For one to change the locks on the door of the court room, during adjournment of the court, and thereafter refuse to allow the judge of the court and his officers, and the parties to the suit on hearing before him, to enter the court room, is a contempt.-DAHNKE V. PEOPLE, Ill., 48 N. E. Rep. 137.

28. CORPORATIONS-Mortgages-Estoppel.-In avoid. ance of a mortgage executed by it, a corporation can not deny its authority to take and hold the mortgaged premises.-BUTTERWORTH & LOWE V. KRITZER MILLING Co., Mich., 72 N. W. Rep. 990.

29. CRIMINAL LAW-Arson-Indictment.-Under Code, §§ 985, 986, as amended by Acts 1885, ch. 42, making it an offense to set fire to certain kinds of buildings, "whether such buildings shall then be in possession of the offender or in the possession of any other per

son," it is not necessary to allege that the burned building was "in possession of" some person named.STATE V. DANIEL, N. Car., 28 S. E. Rep. 255.

30. CRIMINAL Law-Burglary.-Where a burglary is alleged to have been committed on premises occupied by a tenant, evidence that the owner of the premises had notified defendant to stay away is inadmissible, since, if defendant has the consent of the tenant, express or implied, his entry on said premises is justified. -TREVENIO V. STATE, Tex., 42 S. W. Rep. 594.

31. CRIMINAL LAW-Forgery.-Where two joint executors have money of their testator's estate on deposit in bank, which it is agreed shall not be drawn except upon the check of both of the executors, and one of them procures his co-executor to sign checks upon the bank drawn to the order of certain creditors to pay claims against the estate, and after receiving them for the purpose of attaching his own signature, and delivering the same to the creditors, adds his own sig. nature thereto as executor, and erases from the body of the checks the names of the payees, and writes therein his own name individually, and draws the money from the bank, and then settles with the several payees at a less sum than their actual demands, and applies the difference to his own use, the executor profiting by such acts, if done with intent to defraud, is guilty of the crime of forgery.-ROHR V. STATE, N. J., 38 Atl. Rep. 673.

32. CRIMINAL LAW-Gaming-Betting on Horse Races. -Where a horse race is run within an inclosure, bet. ting on it while without the inclosure is a violation of Mill. & V. Code, pt. 4, ch. 9, art. 6, relating to gaming, and the punishments therefor, as amended by Acts 1891, ch. 115, § 2, providing that horse racing on a track made or kept for the purpose, and inclosed by a substantial fence, is not within the prohibition of the article, but that it shall be unlawful gaming to bet in any way on any horse race, unless the track on which the race is run be inclosed by a substantial fence, and the bet or wager be made within said inclosure on a race to be run within said inclosure.-DEBARDELABEN V. STATE, Tenn., 42 S. W. Rep. 684.

33. CRIMINAL LAW - Homicide Trial.-Where the homicide is the result of a quarrel, which only occu pied a brief space of time, it is error to allow the State to give only the immediate facts of the killing, to refuse to allow defendant to ask the witnesses on crossexamination as to the origin of the difficulty, and then to prevent the defendant from giving his version of the quarrel after the State has given its version of the transaction in rebuttal.-SHUMATE V. STATE, Tex., 42 S. W. Rep. 600.

34. CRIMINAL LAW-Trial.-It is reversible error for the jury, after retiring, to listen to statements of one of their number as to the credibility of a material witness, and to discuss the failure of the defendant to testify.-TATE V. STATE, Tex., 42 S. W. Rep. 595.

35. CRIMINAL LAW - Trial-Instructions.-A charge only defining the different degrees of murder in gen. eral terms is insufficient where the evidence of guilt is conflicting, as the contentions of the parties should be stated, and there should be an array of facts, and an instruction as to what law is applicable, if the jury find according to either of the contentions, in view of Code, § 413, providing that the judge "shall state in plain and correct manner the evidence given in the case, and declare and explain the law arising thereon. -STATE V. GROVES, N. Car., 28 S. E. Rep. 262.

36. DAMAGES-Personal Injuries-Mental Disorder.When an actionable wrong, consisting of or accom. panied by personal injury, is committed, the jury, in fixing the damages therefor, are generally entitled to consider the mental agitation and disorder of the plaintiff naturally and proximately resulting from the wrongful conduct of the defendant.-LAMBERTSON V. CONSOLI DATED TRACTION Co., N. J., 38 Atl. Rep. 684.

37. DEDICATION-Acceptance.-Where an owner of land adjoining a town dedicated to public use an alley

between his land and the town, the fact that he thought the alley an advantage to himself, because it allowed him to maintain an independent boundary, did not affect the validity of the dedication.-FAIRBURY UNION AGRICULTURAL BOARD v. HOLLY, Ill., 48 N. E. Rep. 149. 38. DEED-Bona Fide Purchaser.-A charge that a grantee of a deed did not pay any part of the consideration recited therein was not prejudicial, where the court further stated that the grantee executed a note for the accommodation of the grantor for the amount of said recited consideration, such fact being shown by uncontradicted evidence.-HIRSCH V. JONES, Tex., 42 S. W. Rep. 604.

39. DEED-Construction.-The defendant acquired its right of way over plaintiff's land by deed which in terms released the defendant from all damages by rea. son of the location, grade, construction, maintenance, and operation of a railway over and upon the premises conveyed: Held, that the deed only released the defendant from all damages resulting from a reasonable and non-negligent construction of a railway over and upon the premises conveyed.-JUNGBLUM V. MINNEAPOLIS, N. U. & S. W. R. Co., Minn., 72 N. W. Rep. 971. 40. DEED-Description of Property.-A deed, by a granddaughter of J, of "all the right, title and interest

which I have or may have to any portion of the estate which 1 inherit or hereafter may be entitled to from my father, .. and which he derived or inherited from his father, the said J," will convey all the interest she has in the estate of her grandfather; the clause describing it as inherited from her father being rejected as false description, he having died shortly before her grandfather, whose will made provision for him.-LANGLEY V. HONEY, R. I., 38 Atl. Rep. 699.

41. DEED-Headright Certificates-Transfer.-An instrument conveying all the right, title and interest of the grantors in a certificate of headright passes whatever interest they may have therein, whether such headright has been located or not.-MCCOY v. PEASE, Tex., 42 8. W. Rep. 659.

42. DIVORCE-Failure of Support.-Mere failure to support wife and family is not ground for divorce, where the husband endeavored in good faith to pro. cure employment, although unsuccessful.-LORING V. LORING, Tex., 42 S. W. Rep. 642.

43. ELECTIONS

Preparation of Ballots.-Rev. St. 1894, § 6222, provides that the board of election com. missioners shall cause the names of all candidates to be printed on one ballot; all nominations of any party "being placed under the title and device of such party as designated by them in their certificate." Section 6215 provides that in case of death, resignation or removal of any candidate subsequent to nomination, "unless a supplemental certificate or petition for nomination be filed, the chairman of the committee shall fill such vacancy:" Held, that where two parties nominate a separate set of candidates, and a part of each set having declined the nomination, each party completes its list at a subsequent convention, and files a supplemental certificate, the election commissioners have no right to ignore such certifi cates and print, under the title and emblem of each party, only the names of those nominated at the first conventions.-COUNTY BOARD OF ELECTION COM'RS V. STATE, Ind., 48 N. E. Rep. 226.

44. ELECTION CONTEST Certificate of Nomination. -The Australian Ballot Act, § 10 (3 Starr & C. Ann. St. pp. 565, 566), provides that the certificate of nomination shall be filed with the county clerk at least 30 days before the day of election, and that, when filed, and in apparent conformity with the act, it "shall be deemed valid, unless objection thereto is duly made in writing:" Held, that where no objection was filed to a certificate of nomination for a county office, that provision of the act requiring the nominating convention to represent a political party which, at the general election next preceding, polled at least 2 per cent.

of the entire vote cast in the county, would be considered as being merely directory.-SCHULER V. HoGAN, Ill., 48 N. E. Rep. 195.

45. EMINENT DOMAIN-Taking Property for Public Use. The laying out of a highway across a railroad is a taking of the company's property for public use and entitles it to compensation therefor, and compensation for such taking includes the making good to the company the moneys expended by it in erecting, main. taining and operating gates at the crossing, provided such gates are necessary for the proper protection of the public and for the safe operation of the company's railroad.-PATERSON, N. & N. Y. R. Co. v. MAYOR, ETC. OF CITY OF NEWARK, N. J., 38 Atl. Rep. 689.

46. EQUITY Accounting - Jurisdiction. The purchaser of certain letters patent agreed to retransfer them, unless he complied with certain conditions of the sale. Subsequently the seller agreed to perform certain services for the purchaser: Held, that in a suit by the seller for an accounting and a retransfer of the patents, equity would take cognizance of certain claims of a purely legal nature arising under the second contract.-GLEASON & BAILEY MANUFG. Co. v. HOFFMAN, Ill., 48 N. E. Rep. 143.

47. EQUITY-Jurisdiction.-A court of equity has no jurisdiction of a bill by a creditor of an insolvent es. tate of a decedent, of which no administrator has been appointed, to set aside a fraudulent conveyance by the decedent, and for the appointment of a receiver, thereby taking the administration of the estate from the probate court.-GOODMAN V. KOPPERL, Ill., 48 N. E. Rep. 172.

48. EVIDENCE-Parol Evidence.-The subject matter of two proceedings in court was amicably adjusted, and two stipulations were signed by the parties discontinuing the cases. In one it was recited that the suit was discontinued "without costs to either party," and in the other "without costs." Held, that as the agreement was not set out in the stipulations, it could be shown by parol that part of the agreement of discontinuance was, that defendant was to pay the fees of plaintiff's counsel.-PATEK V. WAPLES, Mich., 72 N. W. Rep. 995.

49. EVIDENCE-Personal Injuries-Declarations.-The declarations of a person as to his symptoms, made to a physician or surgeon, not for the purpose of treatment but for the purpose of leading the physician or surgeon to form an opinion to which he may testify as a witness for the declarant, in a suit brought by him for personal injuries, are not admissible in evidence at the instance of the declarant.-LAMBERTSON V. CONSOLIDATED TRACTION CO., N. J., 38 Atl. Rep. 683.

50. EXECUTION SALE.-The owner of a headright certificate for 640 acres sold an undivided 160-acre interest in it. Afterwards, 160 acres were surveyed for the original owner and were sold, on execution against him, to an innocent purchaser, before the conveyance of the 160-acre interest had been recorded: Held, that such purchaser took title to the entire 160 acres.WEST V. LOEB, Tex., 42 S. W. Rep. 612.

51. FEDERAL COURTS-Diverse Citizenship.-In an action where jurisdiction depends on diverse citizen. ship, and where the interests of certain defendants, whose citizenship is not such as to confer jurisdiction are separable from those of the others, plaintiff may before judgment, dismiss the action as to them, and the objection arising out of their citizenship cannot thereafter be raised by the others as to whom the necessary diversity exists.-MASON V. DULLAGHAM, U. S. C. C. of App., Seventh Circuit, 82 Fed. Rep. 689.

52. FRAUD-Attachment-Intent. It is necessary to the validity of an adjudication of fraud in contracting a debt by misrepresentation of the collectibility of assets, where the proof is the alleged admission of the debtor, that enough details of time, circumstances and substance of language of the admission should be proved to establish that there was intentional falsehood in the representation.-LIVERIGHT V. GREENHOUSE, N. J., 38 Atl. Rep. 697.

53. FRAUDULENT CONVEYANCES-Preferring Creditors' -A mortgage given by a failing debtor for the actual amount of a bona fide indebtedness, without any secret trust for the debtor's benefit, or an unreasonable postponement of the time for payment, and without fraudulent intent on the part of the creditor, is valid, though it defeats other creditors.-UNION NAT. BANK OF CHICAGO V. STATE NAT. BANK OF ST. JOSEPH, Mo., Ill., 48 N. E. Rep. 169.

54. GUARDIAN AND WARD.- Where an independent executor under a will bequeathing property to minors has himself appointed guardian of such minors, qualifles and acts as such, and afterwards misappropriates such property, the sureties on his bond as guardian, cannot claim that he held such property as executor. GILLESPIE V. CRAWFORD, Tex., 42 S. W. Rep. 621.

55. HUSBAND AND WIFE-Deed.-Where land of a married woman is sold in order to invest the proceeds in other land, and such investment is made the same day that the first land is paid for, the mere fact that such payment was made by check to her husband's order does not constitute a conversion of the property by him, so as to subject it to his debts.-NORTON V. REED, Tenn., 42 S. W. Rep. 688.

56. HUSBAND AND WIFE-Separation Agreements.— In a contract of separation, stipulations by each party to release to the other "all interest, right and title to any and all real estate" owned by the other at the time of the marriage, are based upon a valid consid eration, and operate as a release by the husband of his right of dower.-LUTTRELL V. BOGGS, Ill., 48 N. E. Rep. 171.

57. INJUNCTION-Bond-Receivers-Surrender of As. sets.-An Injunction issued without bond, restraining defendants from proceeding to sell goods seized by a writ of attachment, is a nullity, under 2 How. Ann. St. § 6687, providing that "no injunction shall issue to stay the trial of any personal action in a court of law until the party applying therefor shall execute a bond with one or more sureties to the plaintiff in such action, in such sum as the circuit judge shall direct."LAWTON V. RICHARDSON, Mich., 72 N. W. Rep. 988.

58. INJUNCTION-Insurance Company.-Where an insurance company has built up a large and successful business in the State, and has valuable property and numerous policies therein, the act of the State superintendent of insurance who is personally insolvent, in illegally refusing it a license to continue in busi ness, and threatening to institute criminal proceed. ings against it, warrants a court of equity in interfering to enjoin the threatened Injury, but the State officers will not be enjoined from bringing a suit in quo warranto to test the right of the company to do business in the State.-MUTUAL LIFE INS. CO. OF NEW YORK V. BOYLE, U. S. C. C., D. (Kan.), 82 Fed. Rep. 705.

59. INSOLVENCY-Preferences-Confession of Judg. ment. Whether or not the holder of a confessed judgment is barred by the eightieth section of the corporation act from obtaining a preference over the other creditors of an insolvent corporation depends, not upon the intention with which the bond and war rant of attorney were given, but upon the intention with which the judgment itself was confessed. If the object to be attained, in confessing the judgment, was to give the holder thereof a priority over other creditors, the consequences provided by the act necessarily follow, notwithstanding the fact that at the time of the execution of the bond and warrant of attorney, no intention to prefer existed.-CONSOLIDATED COAL Co. V. NATIONAL STATE BANK OF CAMDEN, N. J., 38 Atl. Rep. 658.

60. INSOLVENCY-Sales by Assignee.-The grantee of a purchaser at an assignee's sale in insolvency proceedings, cannot avoid a mortgage placed upon the property before the assignment by the insolvent debtor, upon the ground of fraud or want of consideration in the inception of the mortgage, where the assignee advertises the property for sale subject to the mortgage, accepts bids on such condition and by con

sent of the court sells accordingly.-NEW PRAGUE MILLING CO. V. SCHREINER, Minn., 72 N. W. Rep. 963. 61. INSURANCE-Conditions-Waiver.-A stipulation in a policy of fire insurance that the same shall be come void if the property "be or become incumbered by a chattel mortgage," is binding where the company has no actual knowledge of an incumbrance when the policy is issued, though there be a chatte! mortgage then on record, and though no written application for insurance is made and no questions are asked regard. ing incumbrances.-CRIKELAIR V. CITIZENS' INS. Co., Ill., 48 N. E. Rep. 167.

63. INSURANCE

Materiality of Representations.-In

an application for a policy providing that it should be void if insured has concealed or misrepresented any material fact concerning the insurance, a building was stated, but not warranted, to be from 20 to 25 years old, when, as a fact, it was originally built more than 60 years before, but was practically rebuilt about 35 years afterwards: Held that, in the absence of a showing that there was any material difference between the value of the building after it had been partially rebuilt and what its value would have been had it been entirely rebuilt at that time, the materiality of the misrepresentation was for the jury.-MANUFACTURERS' & MERCHANTS' INS. Co. v. ZEITINGER, Ill., 48 N. E. Rep.

179.

64. INSURANCE- Notice Other Insurance.-Knowl. edge continuing on the part of an insurance company of other insurance on the property insured constitutes a waiver of a condition printed in the policy that such other insurance must be made known to the company, and indorsed on the policy, or the policy shall be void. -MUTUAL FIRE INS. CO. OF LOUDOUN COUNTY V. WARD, Va., 28 S. E. Rep. 209.

65. INSURANCE-Representations by Assured.-Where the assured told the local agent who filled in the answers to the questions in the application that he had previously lost property by fire, and the agent, on learning that the fire did not originate on the premises of the assured, directed him to answer "No" to the question whether he had ever had property burned, the company cannot avoid the policy for misrepresentation, unless it shows special limitation on the powers of the agent, of which the assured had, or should have had, knowledge.-FARMERS' & MECHANICS' BENEV. FIRE INS. ASSN. V. WILLIAMS, Va., 28 S. E. Rep. 214.

66. LANDLORD AND TENANT-Destruction of Premises by Fire. The tenant of a rented house is liable for the stipulated rent to the end of his term, although the house, before the expiration of such term, be destroyed by fire, unless the landlord does acts which in law amount to an eviction of the tenant.-FLEMING V. KING, Ga., 28 S. E. Rep. 239.

67. LANDLORD AND TENANT Lease Surrender of Term.-A surrender of a term in demised premises, by act and operation of law, will not be implied upon proof that the lessee has put a third person in possession thereof, and that the lessor has received rent from such third person, and nothing more. Quære: Will such surrender be implied, if it also appears that the lessor, with the lessee's assent, has accepted such third person as his tenant?-DECKER V. HARTShorn, N. J., 38 Atl. Rep. 678.

69. LIEN-Brickmaker's Lien.-One who furnishes board to employees of a brick manufacturer, under a contract with the latter, does not perform labor or furnish materials for making the brick, within Pub. St. ch. 141, § 11, providing that if a person, by himself or others, perform labor or furnish materials for making brick by virtue of a contract with the owner, he shall have a lien, etc.-PERREAULT V. SHAW, N. H., 38 Atl. Rep. 724.

70. LIMITATIONS Final Judgments.-A judgment rendered in foreclosure proceedings, and "retained for further directions," is final as to adjudging the recovery of money, so that the running of limitations begins at the date of its rendition.-MCCASKILL V. McKINNON, N. Car., 28 8. E. Rep. 265.

71. MALICIOUS PROSECUTION-Probable Cause.-In an action for malicious prosecution, probable cause is, as a general rule, conclusively established by the fact that in the proceeding charged to have been instituted and carried on without probable cause the decision was adverse to the defendant therein despite the fact that such decision has been reversed, and such defendant has finally succeeded in the case.-ROOT v. ROSE, N. Dak., 72 N. W. Rep. 1022.

72. MARSHALING ASSETS.-Defendant, upon whose real estate there was a judgment lien, afterwards and at different times gave deeds of trust to secure creditors for various portions of such property, and suffered other judgments to be entered against him and execu. tions to be levied on parts of the property. On the question of which of the junior lienors should bear the burden of the first lien, held, that the lands should be resorted to in the inverse order of their alienation; and this, although the judgment debtor acquired them at different times and from different sources.-MEEK V. THOMPSON, Tenn., 42 S. W. Rep. 685.

Negli.

73. MASTER AND SERVANT- Fellow-servants gence. The conductor of a side-tracked train stood at the switch, according to a rule making it the duty of the conductor or flagman of a side tracked train to close the switch, and then "signal on" the train on the main track, and gave the "all right" signal to the engineer of a train moving along the main track. The switch had been left open, and a collision followed, in which said engineer was injured: Held, that the conductor and said engineer were fellow-servants.PLEASANTS V. RALEIGH & A. AIR LINE R. Co., N. Car., 28 8. E. Rep. 267.

74. MASTER AND SERVANT- Negligence-Fellow-servant.-A laborer was called from his special work, and, with others, directed by their foreman to raise by hand a large frame. Through lack of bracing or fastening, the frame fell, and injured him: Held (1) That he could not establish a right of recovery against his employer by proving that it is usual to have work of that sort done by a riggor with a derrick and appliances; (2) that the foreman was a fellow servant with the laborers in the same common employment, and that his negligent use of, or failure to use, proper appliances provided by the master, did not entail liability on the master.-MCLAUGHLIN V. CAMDEN IRON WORKS, N. J., 38 Atl. Rep. 677.

75. MASTER AND SERVANT When Relation Exists.Defendant contracted with the owner of several teams and wagons to do its hauling at a specified sum per week. Defendant's name was lettered upon the wagons, but their owner was to employ and pay his own teamsters, and defendant exercised no control over them: Held, that defendant was not liable to a person injured through the negligence of the driver of one of such wagons.-FOSTER V. WADSWORTH-HOWLAND CO., Ill., 48 N. E. Rep. 163.

76. MECHANIC'S LIEN-Buildings on Contiguous Lots. -The defendant, as owner of three contiguous lots, containing in all less than one acre, entered into a written contract with plaintiffs to furnish materials and erect for him two houses, one on each of two of the lots, for a gross sum for both, with the right at his election, which he exercised, of adding to the contract