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3. Where, by statute, an indictment is to be found in the county where the prisoner may be apprehended, the indictment must allege such apprehension at a time before the finding of the indictment. — State v. Griswold, 53 Mo. 181. See ARSON.

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An infant contracted in writing to work for three years; before the end of that time he left his employers without cause. Held, that he could recover on a quantum meruit for the work actually done by him. — Gaffney v. Hayden, 110 Mass. 137.

INJUNCTION.

Two sewing-machine companies competed for a prize offered for the best machine, and the prize was awarded to one of them; but the other caused to be published in the newspapers false statements that the prize had been awarded to it. Held, that the former company could not have an injunction against the latter to restrain such publication. — Singer Manufacturing Co. v. Domestic Sewing Machine Co., 49 Ga. 70.

See EXEMPTION, 2; PARTIES, 2; TRESPASS.

INSURANCE (FIRE).

Goods stored in a town occupied by the United States forces during the war, were insured against fire by a policy exempting the insurers from liability for damage by fire arising by any invasion, insurrection, riot, or civil commotion, or by the act of any military or usurped power. The town being attacked by a superior force of the enemy, was abandoned by the troops, who by the order of their commanding officer, set fire to a building containing military stores to prevent their falling into the enemy's hands. The fire spread to the building containing the goods insured, and destroyed them. Held, that the insurers were liable. · Boon v. Etna Ins. Co., 40 Conn. 575 (United States Circuit Court, WOODRUFF and SHIPMAN, JJ.).

See FOREIGN ATTACHMENT.

INSURANCE (LIFE).

A person whose life was insured by a policy containing a clause exempting the insurers from liability for death caused by duelling, fighting, or other breach of law on the part of the assured, or by his wilfully exposing himself to unnecessary danger, was driving a wagon at a horse-race for a wager, contrary to statute. Α collision happening, he jumped out of the wagon, alighting safely, but in trying to stop his horse was thrown down and killed. Held, that the insurers were not liable. Travellers' Ins. Co. v. Seaver, 19 Wall. 531.

See DAMAGES, 2.

INSURANCE (MARINE).

Machinery packed in separate parcels, intended to be put together and used as one machine, was insured against marine loss. Part of the machinery was wholly lost by a shipwreck, and the rest was saved in such a condition as to be

of no value except as old iron. Held, a total loss.- Great Western Ins. Co. v. Fogarty, 19 Wall. 640.

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A judge of probate is not disqualified from granting probate of a will, approving the executor's bond, accepting his resignation, or granting letters testamentary, by the fact that a creditor of the estate, not a party to such proceedings, is the judge's father-in-law. — Aldrich, appellant, 110 Mass. 189.

JUDGMENT.

1. A prisoner was found guilty, and his punishment was fixed by the jury, according to the Indiana practice. His motions for a new trial and in arrest of judgment were denied, and he was committed to jail; but no judgment was entered during the term. Held, that it could not be entered afterwards, and that the prisoner was entitled to his discharge.—Passwater v. Edwards, 44 Ind. 343.

2. Action on a judgment recovered in another state. The record showed that the defendant was summoned, but not till the return day of the writ. Held, that the service, though defective, was not void, and that the judgment rendered on default was valid. — Darrah v. Watson, 36 Iowa, 116.

3. The law required that before opening a street in a city, damages and benefits should be assessed by three freeholders, their report to be approved by the city council, and, on appeal, by a court. In an action by the city to recover betterments which had been assessed, and the assessment confirmed by the court, held, no defence that one of the assessors was not a freeholder. - Pittsburg v. Cheney, 74 Penn. St. 262.

4. Defendant sued plaintiffs for the use of his horse while kept by them, and had judgment by default. In a subsequent action by plaintiffs against defendant to recover for the keep of the horse, held, that it was to be presumed that this claim was allowed as a set-off in the assessment of damages in the former action, and therefore that the judgment in that action was a bar. Jennings, 46 Vt. 45.

Bemis v.

5. Defendant contracted to do certain work for plaintiff for a fixed price. He sued plaintiff for the price, and had judgment by default. Held, that such judgment was no bar to an action by plaintiff against defendant to recover damages for doing the work improperly. - Davenport v. Hubbard, 46 Vt. 200.

6. A man brought an action against a city in a Circuit Court of the United States, recovered judgment, and obtained a mandamus to the city authorities commanding them to levy a tax to satisfy the judgment; but, by resigning their offices before the writ could be served, they avoided making any return to it. Held, that the Circuit Court had not jurisdiction of a bill in equity to apply the taxable property in the city in satisfaction of the judgment. (CLIFFORD and SWAYNE, JJ., dissenting.) — Rees v. Watertown, 19 Wall. 107; Heine v. Levee Commissioners, Id. 655..

See DIVORCE; MONEY; MORTGAGE.

JURISDICTION.

1. An action brought before a justice of the peace, claiming damages beyond his jurisdiction, was taken by appeal to a court which would have had jurisdiction of it, if originally brought there. A rule of the court required all pleas other than the general issue to be filed at the first term. At the third term the defendant moved to dismiss the action for want of jurisdiction. Held, (1) that the court had jurisdiction, though the case was irregularly brought before it; (2) that the defendant had waived any objection to the irregularity. — Cook v. Morse, 40 Conn. 541.

2. The inhabitants of the towns on each side of a river separating the states of Vermont and New York altered the course of the stream, so as to bring a piece of land, which had been on the eastern bank, on to the western bank; and the local authorities of New York treated such land as belonging to that state, for more than thirty years. Held, that it still belonged to Vermont. — State v. Young, 46 Vt. 565.

See CORPORATION, 1; JUDGMENT, 6; MONEY; MUNICIPAL CORPORATION, 2; REMOVAL OF SUITS.

JURY.

A criminal case was tried, and a verdict found, by thirteen jurors. - Bullard v. The State, 38 Tex. 504.

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Held,

1. The constitution of Georgia forbade the recovery of any debt, the consideration of which was slaves or the hire thereof. This provision was sustained as constitutional by the Supreme Court of the State, but was adjudged unconstitutional by the Supreme Court of the United States, on appeal. Held, that an action to recover such a debt was not taken out of the Statute of Limitations by the fact that it could not have been successfully prosecuted before the decision of the Supreme Court of the United States. — Harris v. Gray, 49 Ga. 585.

2. A. made a mortgage to B. and C., trustees of D., and afterwards made another mortgage on the same property to the same persons as trustees of E., reciting that the property was already subject to a mortgage now in the hands of the aforesaid B. and C., trustees, and afterwards conveyed the equity of redemption. On bill filed to foreclose both mortgages, held, that the recital in the second mortgage was a sufficient acknowledgment to take the first out of the Statute of Limitations. - Palmer v. Butler, 36 Iowa, 576.

3. Action against a sheriff for wrongfully releasing property attached by him. Plea, the Statute of Limitations. Held, that the action accrued, not from the date of the release, but from the date of judgment in the suit wherein the attachiment was made. Lesure v. Neal, 53 Mo. 412.

See HUSBAND AND WIFE, 3.

LIS PENDENS. See EMBLEMENTS.

LORD'S DAY.

Defendant hired a horse of plaintiff on Sunday to go to a certain place. He went further, and killed the horse by overdriving. Held, that he was liable in trover. Frost v. Plumb, 40 Conn. 111.

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A statute providing that actions at law may be sustained against any married woman upon any contract made by her on her personal credit, held, to apply to contracts made before the passage of the statute. ·Buckingham v. Moss,

40 Conn. 461.

See HUSBAND AND WIFE.

MARSHALLING.

See WILL, 1.

MASTER AND SERVANT.

A railway company employed contractors to build its road and the appurtenances. Plaintiff, who was employed by the contractors to work on a freighthouse was injured by handling timber to which a poisonous mixture had been applied to prevent decay. Held, that the contractors, and not the company, were liable. - West v. St. Louis, Vandalia, & Terre Haute R.R. Co., 63 Ill.

545.

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Bill in equity by the purchaser at a sale under power in a mortgage, against the heirs of a mortgagor, to establish his title to other land, in place of that bought by him, on the ground that the description of the latter was inserted in the mortgage by mistake for the former. Held, that the bill was not maintainable. (ADAMS and NAPTON, JJ., dissenting.) - Schwickerath v. Cooksey, 53 Mo. 75. See WILL, 3.

MONEY.

Action to recover $950 in gold coin, or its value in currency, brought in a court having jurisdiction only when the sum in dispute was less than $1000. The plaintiff had a verdict, no evidence being offered of the value of gold coin at the time the debt fell due. Held, that the court had jurisdiction of the case, and might render judgment for the amount claimed, in currency. — Hewitt v. Brummel, 48 Ga. 481.

See CONFEDERATE MONEY; CONSTITUTIONAL LAW, 1.

MORTGAGE.

A lease was made, and the lessee by deed executed, delivered, and recorded simultaneously with the lease, mortgaged his term; a judgment had before been recovered against the lessee, which was a lien on his lands. The judgment

creditor levied his execution on the lands mortgaged. Held, that he could not hold them against the mortgagee. —Ahern v. White, 39 Md. 409.

See FALSE REPRESENTATIONS; LIMITATIONS, STATUTE OF, 2; MISTAKE; QUIET ENJOYMENT.

MUNICIPAL CORPORATION.

1. A city, under power given by its charter, appointed an inspector of steamboilers within the city, and by by-law imposed a penalty on any person who should use such a boiler without having it tested by the inspector. Held, that the city was not liable for negligence of the inspector in the discharge of his duty. Mead v. New Haven, 40 Conn. 72.

2. By amendment of a city charter, the board of councilmen were made final judges of the elections and returns of their own members; a jurisdiction which had before been vested in a court of law. Held, that the council had jurisdiction in case of an election which had occurred before the passage of the amendment. Selleck v. South Norwalk, 40 Conn. 359.

3. A city, as authorized by its charter, established a fire department. Held, that no action lay against the city for negligence of the officers of the department, in failing to extinguish, as they might have done, a fire which destroyed plaintiff's property. Heller v. Sedalia, 53 Mo. 159.

4. Steam fire-engines belonging to a city were putting out a fire, when, by the negligence of those in charge of the engines, sparks were thrown on adjacent property, which was thereby burnt. Held, that the owner of it could maintain no action against the city. — Hayes v. Oshkosh, 33 Wis. 314.

See BILLS AND NOTES, 4; CONSTITUTIONAL LAW, STATE, 3; JUDGMENT, 6; WATERCOURSE; WAY, 2.

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Plaintiff, going after dark into defendant's building on business, fell through an opening into the cellar. Held, that evidence that defendant afterwards put a light at the opening was admissible on the question of negligence in him. McKee v. Bidwell, 74 Penn. St. 218.

See CARRIER, 1; CONTRIBUTORY NEGLIGENCE; MASTER AND SERVANT ; MUNICIPAL CORPORATION, 1, 3, 4; RAILROAD; WATERCOURSE; WAY, 1, 3. NEGOTIABLE INSTRUMENTS. See BILLS AND NOTES.

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NEW TRIAL.

In an action for slander, where the plaintiff was entitled, on the pleadings, to recover nominal damages, and the evidence showed that he could recover no more, the defendant had a verdict. Held, that a new trial should not be granted. ·Jones v. King, 33 Wis. 422.

See REMOVAL OF SUITS, 2, 4; TRIAL.

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