rendered for a long time unable to work and earn money was allegation only of lost time. Birmingham Ry., Light & Power Co. v. Colbert, Ala., 67 So. 513. 39. Examination by Physicians.-At common law, in an action for personal injuries, defendant had no right to examine by physicians the person of plaintiff.-Kokomo, M. & W. Traction Co. v. Walsh, Ind., 108 N. E. 19. es 40. Dedication-Estopnel.-A city held topped, by the assessment and collection of taxes upon a strip dedicated as a street, from thereafter accepting the dedication.-City of Baltimore v. Cranton Co. of Baltimore, Md., 93 Atl. 144. 41. Deeds-Void Remainder. - At common law a remainder to the heirs of the grantor after a particular estate granted to another was void.-Thompson v. Batts, N. C., 84 S. E. 347. 42. Descent and Distribution-Carrying on Business. Where the eldest son, after undertaking to carry on his deceased father's business, consisting mainly of manual labor, declined to go further and assumed the business on his own account; held, that the other minors on attaining majority could claim no interest in the business.-Succession of Chopin, La., 67 So. 534. 43. Law of Place.-Title to property left in trust within the state by woman subsequently marrying and residing in another state, held not to accompany her out of the state, and on her death to descend according to the laws of the state.-Lee v. Belknap, Ky., 173 S. W. 1129. 44. Divorce Pleading. — A complaint for divorce, alleging that complainant conveyed his property to his wife in trust for the children, and that he "verily believes that defendant will transfer said land and dissipate the proceeds," is insufficient to authorize any relief as to the propert" -Benson v. Benson, Utah, 146 Pac. 564. Easements-Estoppel.-Where an er sold part of a tract of land, describing that conveyed as bounded by a way, held, that the grantee acquired such an interest in the way that the owner could not subsequently close it without his consent.-Gibson v. Gross, Ga., 84 S. E. 373. 46. - 53. Explosives-Nuisance. Defendant, engaged in quarrying and operating smelting furnaces, held to maintain a nuisance by storing dynamite in dangerous proximity to its railroad and hot slag piles.-Sloss, Sheffield Steele and Iron Co. v. Prosch, Ala., 67 So. 516. 54. Forcible Entry and Detainer-Defined.— "Forcible entry and detainer" is a tort to be redress by civil action summary in its character to regain possession of real property which has been tortiously taken or is tortiously withheld. Harris v. Harris, Ala., 67 So. 465. 55. Fraud-Knowledge.-Absence of knowledge, which rendered a seller's representation that stallion was good producer fradulent, did not Cover a case where seller had such information as came from a fair investigation and the exercise of his experience and knowledge upon the matter represented.-Bank of Polk v. Wood, Mo., 173 S. W. 1093. Father to 56. Fradulent Conveyances Daughter.-A conveyance by an old and feeble man of his homestead to his daughter in consideration of her caring for him is not necessarily fradulent.-McKillip v. Farmers' State Bank of Des Lacas, N. D., 151 N. W. 287. 57.—Intent. It is to be presumed that the natural result of one's act is intended, and, if a transfer is made without the necessary elements to establish a true trust, it is in fraud of creditors, even though there is no express design to hinder or defraud creditors.-Hutchins v. Mead, Mass., 108 N. E. 67. no 59. Gifts-Evidence.-In a suit to establish a gift inter vivos, the court's statement on evidence of the subsequent will of the donor, trust in the property in question, held not objectionable.-Zollicoffer v. Zollicoffer, N. C., 84 S. E. 349. 60. that it created -Non-User.-Nonuser for the prescriptive period, united with an adverse use by the servient estate inconsistent with an easement, extinguishes the easement.-City of Baltimore v. Canton Co. of Baltimore, Md., 93 Atl. 144. 47. Prescriptive Right.-Where the use of a way is permissible and access to it is through a gate kept locked and under a third person's control, there is no such adverse right as may be the basis of prescriptive right.-Moll v. Hagerbaumer, Neb., 151 N. W. 300. The 50. Eminent Domain-Compensation. rule that a city is relieved of liability for injuries caused by a defective plan of work applies only to personal injuries and not to injuries to property, which, under the Constitution, must be compensated for.-White v. City of Springfield, Mo., 173 S. W. 1090. 51. Estoppel-Foreclosure.-A director of a corporation, conveying its realty by warranty deed, in the absence of express personal engagement in the deed, does not estop himself to purchase the land at a foreclosure sale and set up title against the corporation's grantee. -Vermeule v. Hover, Me., 93 Atl. 37. Guaranty—Application of Payments. A grantor cannot require a creditor to apply payments made by the principle debtor from his own funds to items covered by the guaranty.-H. S. Gile Grocery Co. v. Lachmund, Ore., 146 Pac. 519. 61. Homestead-Waiver.-A verbal waiver of homestead, made on behalf of the husband alone at the time of a public sale of the property, is ineffectual.-Robinson & Co. v. Cosner, La.. 67 So. 468. 62. Hospitals-Patient.-Where a patient in a sanitarium, who was not in such condition that she would be likely to imperil her health or safety, desired to leave, those in charge of the sanitarium cannot lawfully compel her to remain. Cook v. Highland Hospital, N. C. 84 S. E. 352. 63. Husband and Wife-Law of Place.-Marriage of a woman with intention to remove to another state, and removal subsequently held to make the laws of such other state overn her property rights.-Lee v. Belknap, Ky., 173 S. W. 1129. 64. -Separate Property. A contract by which a married woman seeks to bind her separate property for a debt of her husband is null, no matter what its form may be.-Hamilton v. Moore, La., 67 So. 523. 65. Indians-Allotment. The allotment of an infant Creek Indian enrolled after death under Supplemental Creek Agreement of June 30. 1902, passes to his father, of Creek blood, though his mother is not; the allotment not being a new acquisition within Mansf. Dig. Ark. C. 49, § 2531.-McDougal V. McKay, 35 Sup. Ct. Rep. 605. 66. Cancelling Allotment. Secretary of the Interior held to have no power to cancel an allotment to a Choctaw or Chickasaw Indian, after its selection and the issuance of a certificate of allotment by the Commission.United States v. Dowden, U. S. D. C., 220 Fed. 277. 67. Injunction Temporary Injunction. Where a permanent injunction is the object of the action, and the evidence raises a serious question as to the facts affecting plaintiff's rights, a temporary injunction should be continued until final hearing.-F. S. Royster Guano Co. of Virginia v. Lumber Co., N. C., 84 S. E. 346. 68. Judgment-Setting Aside.-A judgment will be set aside only when fraud is shown in the procuring or rendition of it not known to the opposite party at the time and for not knowing which he was not chargeable with neglect.-North Carolina Mutual & Provident Ass'n v. Edwards, N. C., 84 S. E. 359. 69. Landlord and Tenant Estoppel. Where mortgagees specifically assented in writing to a lease by the mortgagor, they were as much bound by the covenants as if they had made the lease themselves.-The Thomson Estate v. Washington Inv. Co., Wash., 146 Pac. 617. 70. Perpetuity.-Covenants in a lease for continual renewals, while not favored, because tending to create a perpetuity, are valid and enforceable if explicit and clear.-Burns City of New York, N. Y., 108 N. E. 77. V. 71. Repairs.-Landlord, having notice that a railing, part of a common approach to different tenements upon different floors, was defective, was bound to repair it.-Gaucso v. Levy, Conn., 93 Atl. 136. 72. Limitation of Action Knowledge of Fraud.-Where a wife did not know that the instrument she signed was a sale, but thought it a mortgage, the purchaser is not protected by the prescription of 5 or 10 years against an action of nullity by the plaintiff in possession.-Hamilton v. Moore, La., 67 So. 523. 73. Owelty. Proceedings to enforce owelty in iudicial partition is barred by the 10-year statute of limitations, notwithstanding the existence of a life estate.-Newsome v. Harrell, N. C., 84 S. E. 337. 74. Mandamus Administrative Board. Mandamus issue can to compel the State Board of Examiners for Nurses to pass upon the qualifications of an applicant, though the applicant asked that the board be compelled to certify her name to the Governor.-State v. District Court of Thirteenth Judicial Dist. in and for Yellowstone County, Mont., 146 Pac. 743. 75. Maritime Liens-Statute.-A lien given by a state statute for the building of a vessel is not maritime in its nature, and its validity depends entirely upon a compliance with the conditions imposed by the statute.-The Atlantic City, U. S. C. C. A., 220 Fed. 281. a 76. Master and Servant-Assumption of Risk.- Where an employer's violation of statutory duty to guard machinery caused an employe's injury, the employe did not assume the risk.-American Car & Foundry Co. v. Wyatt, Ind., 108 N. E. 12. were 77. Course of Employment.-Where an employe slipped and received fatal injuries in attempting to dodge a playful attack of another employe, held, that the injuries received in the course of employment, within the Workmen's Compensation Act.-Hulley V. Mossbrugger, N. J., 93 Atl. 79. plaintiff among them, were in defendant's employ at the time of accident.-Johnson V. Ambursen Hydraulic Const. Co., Mo., 173 S. W. 1081. 80.- Exemption from Liability. Workmen's Compensation Act, pt. B, § 4, under which an employer of less than five employes has less inducement to accept part B in order to avoid the burden of part A, does not indicate an intention to exempt such employer from part B.-Bayon v. Beckley, Conn., 93 Atl. 139. 81. Fellow Servant.-A motorman operating as an employe of a street railway company a car of the company, and a motorman employed by the company to operate express cars running on the tracks, are fellow servants. -Paradis v. Lewiston, A. & W. St. Ry., Me., 93 Atl. 56. 82. Hours of Labor.--Under Employers' Liability Act the violation of the hours of labor will not of itself render a railroad liable for an accident, but it must be shown that the violation was the proximate cause of the accident.-Bjornson Northern Pac. Ry. Co., V. Wash., 146 Pac. 575. on 83.- Independent Contractor.-In an action for injuries from falling over a radiator left the sidewalk by a transfer company, the trasfer company held an independent contractor, and that the defendant radiator company was not liable.-Winters V. American Radiator Co., Minn., 151 N. W. 277. 84. Proximate Cause.-Where his superiors, knowing of his peril, caused a lever of a gravel car to fall and strike plaintiff without warning, plaintiff's contributory negligence in taking a position of peril was not the proximate cause of his injury.-Trumbo V. Watson Contract Co., Ky., 173 S. W. 1125. 85.-Safe Place.-A railroad company owes a duty to a switchman, sitting on a velocipede near its platform, to prevent other employes piling trunks thereon from casting one over on the switchman.-San Antonio & A. P., Ry. Co. v. Blair, Tex., 173 S. W. 1186. 86. Mines and Minerals-Forfeiture.-Equity will refuse to forfeit oil lease at the suit of the lessor because location for operations were elsewhere than as prescribed by the lease, where, with knowledge thereof, he accepts without complaint his share of the productions therefrom.--Horse Creek Coal Land (Co. V. Trees, W. Va.. 84 S. E. 376. 87. Municipal Corporations-Special Assessment.-An ordinance requiring railroads to construct a street subway under their tracks and the city to construct the approaches held to prevent the city from levying a special assessment on railroad property for paving the approaches.-City of Decatur v. Pryor, Ill., 108 N. E. 61. 88. Navigable Waters-Patented Land. No title to islands passes to the patentees of the United States by the sale of border lots.-Callahan v. Price, Idaho, 146 Pac. 732. 89. Negligence Anticipating Injury. - Defendant, maintaining a wooden flume on the side of a steep mountain above plaintiff's canal, held not negligent in failing to foresee that rocks started by strangers would roll down; break its flume, and discharge water and debris into the canal.-Logan, Hyde Park & Smithfield Canal Co. v. Utah Power & Light Co., Utah, 146 Pac. 500. 90. Partnership Relations. Where a sale of a partner's interest was authorized by him, the relation between him and a copartner ceased, latter and the could deal with him without making full disclosures.-Wise Realty Co. v. Stewart, Cal., 146 Pac. 534. 91. Partition-Parties.-The personal repreof sentative conone receiving a of land charged with owelty in partition by agreement is not a necessary party in an action to enforce the charge against the land.-Newsome v. Harrell. N. C., 84 S. E. 337. 78. Employers' Liability Act.-That tract with city did not require contractor to provide safety rail or other contrivance around pit held not to relieve contractor of liability for injuries if such contrivance was required by the Employers' Liability Act.-Wolsiffer v. Bechill, Ore., 146 Pac. 513. 79. Evidence.-The fact that defendant's name appeared on pay checks of certain laborers was competent evidence that such men, tract 92. Pleading-Prayer of Complaint. The prayer of a complaint may be disregarded for some purposes, but not where there is a contention made by the plaintiff as to character of the action presented by his own pleading, in which case the prayer is to be considered.— Southern Cotton Oil Co. v. Shelton, U. S. C. C. A., 220 Fed. 247. 93. Principle and Agent-Burden of Proof.The burden of proving the agency of the recipient of a notice is on the person asserting it, in order to bind the principle for whom notice was intended.-Meier & Frank Co. v. Mitlehner, Ore., 146 Pac. 796. 94.- -Personal Liability.-One dealing with agent of known principle in matter within scope of agency cannot hold the agent in the absence of proof overcoming the presumption that there was no intent to substitute the agent's personal liability for that of principle. -Rood v. Murray, Mont., 146 Pac. 541. 95. Public Lands-Withdrawal from Sale.The school lands of the swamp land class and the drainage land may be withdrawn from sale in the discretion of the Legislature for conservation of same for the purpose of the grant and the dedication of moneys arising from the school land class as required by the Constitution.-State v. Donald, Wis., 151 N. W. 331. 96. Quo Warranto-Drainage District. The legality of a drainage district organized in whole or in part out of territory of another legally organized district may be inquired into by quo warranto.-People v. Baldridge, Ill., 108 N. E. 49. 97. Railroads - Safety Appliance Act. Yards of interstate railway carrier held not a single yard, so that movements of trains between them are exempt from provisions of Saftey Appliance Act March 2, 1893, and its amendments, where they lie from 2 to 3%1⁄2 miles apart.-United States v. Erie R. Co., 35 Sup. Ct. Rep. 621. Con 100. Reformation of Instruments tracts. For mistake of one owning the fee of part of a street in supposing that, to construct a tunnel under it, he need permit for the entire width, his contract to pay for the permit will not be reformed as to amount of payment.-City of New York v. Matthews, N. Y., 108 N. E. 80. 101. Proof Evidence.-While parole evidence to vary a written instrument is not admissible at law, equity may correct such instrument on the ground of fraud or mistake, even though it be made out by parole evidence.-McIsaac v. McMurray, N. H., 93 Atl. 115. 102. Sales-Damages. A buyer suing for damages for breach of warranty in the sale of a horse may show the expenses incurred by him in caring for the horse when sick and for medical attendance.-Sterns v. Hudson, Me., 93 Atl. 58. 103.- -Instructions.-Where seller of stallion, with warranty that he was good producer, was experienced and knew his condition, as ascertained by ordinary investigation, instruction predicating fraud on his representation of soundness, when he had no knowledge thereof, held not warranted.-Bank of Polk v. Wood, Mo., 173 S. W. 1093. preclude enforcing specific performance of the contract.-Rice v. Theimer, Okla., 146 Pac. 702. 106. Recission.-A purchaser defrauded by agreement for exchange of land cannot have specific performance of his contract, but his remedy is by action to rescind the contract on ground of fraud and to be placed in statu quo, including judgment for damages. -Kennison v. Lundy, Utah, 146 Pac. 552. 107. States-Implied Power. If the Attorney General and county attorneys are specifically made the legal representatives of a board of medical examiners, there can be no implied power on the ground of necessity to hire private counsel, since such necessity must be a legal necessity, not an actual necessity.-State v. Clausen, Wash., 146 Pac. 630. 108. Statute-Construction. The intent of the Legislature is to be ascertained from the language of the act considered as a whole, in view of the circumstances surrounding its enactment and the history of kindred legislation. -Bayon v. Beckley, Conn., 93 Atl. 139. 109. Street Railroads—Injunction.-A Property owner who would suffer special damage by reason of the construction of a turnout by street railway com any which was to be used for switching is entitled to an injunction.Percy v. Lewiston, A. & W. St. Ry., Me., 93 Atl. 43. 110. Telegraphs and Telephones-Damages. -Where plaintiff's telegram, as delivered, called for an excess amount of seed corn, and plaintiff, with knowledge of the excess, received and paid for it, he could not recover from the telegraph company for his loss upon the excess amount.-Barrett Grocery Co. V. Western Union Telegraph Co., Miss., 67 So. 481. 111. Time-Computation.-Where the time for perfecting an appeal expires on Thanksgiving day, an appeal perfected on the following day will be dismissed.-Luke v. Gas Traction Co., Minn., 151 N. W. 273. 112. Treaties--Construction. The phrase "so far as the laws of each country will permit," in the treaty between the United States and Sweden relating to the administration of estates, refers to the laws of each state on the subject of administration.-In re Servas' Estate. Cal., 146 Pac. 651. 113. Trusts-Parties. — Where the action was by decedent's heirs against his son-in-law to declare and enforce a trust in lands formerly decedent's property, the administrator was proper party plaintiff.-O'Rourke v. Skellenger, Cal., 146 Pac. 633. a 114. Wills-Construction.-Where a testator gave all his property to his wife to hold at her disposal during her natural life, and gave direction for disposition of any remainder, the wife could sell the property and pass her title. -Davis v. Walker, Ky., 173 S. W. 1141. 115. Construction.-Will giving $2,000 to daughter for life, and residue of property to two daughters for life with remainder to descendants, held to give the principle of the $2,000 fund as part of the residuary estate.— Hadcox v. Cody, N. Y., 108 N. E. 84. 116. -Determinable Fee.-Under will, children held to take fee determinable upon death without children, before youngest child reached 21, the property to be immediately divided, with a further division upon the death of any child. Savings Bank & Trust Co. v. Johnson, N. C., 84 S. E. 355. en 117. Election.-A husband's election to renounce his wife's will and take the estate givRev. him by St. 1913, is §§ 1265-1539, sufficient, where his intention clearly appears from the writing filed by him.-Richardson v. Johnson, Neb., 151 N. W. 314. 118. Woods and Forests-Police Power. So far as the creation of forest reserves is a subject within the police power, and the means adopted are appropriate and not unduly oppressive, and neither are prohibited, there is no unconstitutional exercise of the police power.-State v. Donald, Wis., 151 N. W. 331. TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING ARTICLES, ANNOTATED CASES, LEGAL NEWS, CORRE SPONDENCE AND BOOK REVIEWS IN VOL. 80. A separate subject-index for the "Digest of Current Opinions" will be found on page 474, following this Index-Digest. report of the 1914 meeting of the Rhode Island Bar Association, 59. report of the 1914 meeting of the Nebraska Bar Association, 60. notice of the joint meeting of the Washington and Oregon Bar Associations, 389. notice of the meeting of the Ohio Bar Association, 390. notice of the meeting of the Bar Association of Tennessee, 355. notice of the meeting of the American Bar Association, 96. program of meeting of Arkansas Bar Association, 408. report of the meeting of the Mississippi Bar Association, 445. the story of the Kansas Bar Association, 459. notice of meeting of the Pennsylvania Bar Association, 461. presidents and secretaries of the State Bar Associations, 461. the story of the Illinois Bar Association, 388. the story of the Ohio Bar Association, 336. bar association meetings for 1915-when and where to be held, 337, 372, 408, 461. practical results of the administration of estates of insolvents under the bankruptcy law of the United States, 260. release of surety on bond in attachment begun four months prior to petition, 230. shareholder's liability to trustee in bankruptcy, 350. solvency of members of a partnership, 68. BANKS AND BANKING, payment in forged instrument binding on drawer where not promptly objected to, 398. right of bank to interpose set-off for depositor's benefit, 231. right of collecting bank to recall its own draft issues on an apparent credit which proves to be worthless, 229. BAR ASSOCIATIONS, notice of meeting of the South Dakota Bar Association, 17. notice of meeting of the Maine Bar Association, 18. notice of meeting of the New York Bar Association, 18. report of the 1914 meeting of the Nevada Bar Association, 37. acceptance and payment of raised check from precluding recovery holder, liability of indorsers in order of signing, 434. payment of non-negotiable draft precluding recovery from holder, 272. COMMERCE, the constitutionality of "blue sky" laws so far as the commerce clause is concerned, 175. interstate carrier not immediately en gaged in interstate transportation, 434. recovery under "factory act" for injury occurring in interstate commerce, 212. registration required of motor vehicles crossing state lines, 123. sale of machinery to purchaser in another state there to be installed by seller as being a transaction in interstate commerce, 157. state legislation under the Webb-Kenyon Act, 203. state police power as to goods shipped in interstate commerce, 361. CONSTITUTIONAL LAW, constitutional right of employer to require of employe or applicant for employment not to remain nor become a member of a labor union, 193. constitutionality of statutes forbidding discharge of railroad employe without giving him opportunity to make statement in his defense, 451. the constitutionality of "blue sky" laws so far as the commerce clause is concerned, 175. constitutionality of workmen's compensation law in abolishing certain defenses by companies not accepting statute, 123. change of decision by state court as impairing obligation of contract, 45. the contracts of citizens of our neutral government with foreign belligerents under our commerce clause, 85. discrimination against Jews in reading the Bible in public schools, 380. to collect faith and credit clause as regards statutes and their constructions, 67. forbidding employment bureau fees from applicants, 452. Kentucky workmen's compensation held unconstitutional, 211. act |