ALIEN. See JURY.

ALTERATION OF INSTRUMENTS.

A note, purporting by its terms to be the personal promise of the makers, was signed by A., B., and C., "as trustees of the Universalist Society," a blank being left above these words for the signature of D., a fourth trustee; and the note was delivered to the payee to obtain that signature, which he did, after tearing off the descriptive words. Held, that even if these words had remained, the makers would have been personally liable; and therefore that the note was not materially altered before D. signed it, and that he was liable on it. (SCOTT, C.J. and SHELDON, J. dissenting.) - Burlingame v. Brewster, 79 Ill. 515.

See MONEY HAD AND RECEIVED.

ANIMAL. See TRESPASS, 1.

ARREST. - See FRAUD.

ASSUMPSIT. See MONEY HAD AND RECEIVED; PLEADING.

ATTACHMENT.

Plaintiff, a resident of Indiana, brought an action in Illinois against defendant, who was also a resident of Indiana, but was temporarily commorant in Illinois, and attached his goods, which were not exempt by the law of Illinois, though they would have been by that of Indiana. Held, that the attachment was no abuse of the process of the court, and was valid. - Mitchell v. Shook, 72 Ill. 492.

ATTORNEY.

1. An attorney who published advertisements of divorces obtained "without publicity; residence unnecessary," giving his address at a particular postoffice box, without his name, was stricken from the rolls. - People v. Goodrich, 79 Ill. 148.

2. An attorney-at-law cannot delegate his authority; and therefore payment of a debt entrusted to him for collection to a person authorized by him to receive it, does not discharge the debtor. -Dickson v. Wright, 52 Miss. 585. See HUSBAND AND WIFE, 3.

BAIL.

A prisoner who had recognized to appear and answer to a criminal charge, having failed to do so, was arrested, tried, and convicted, and was afterwards pardoned. Held, that he continued liable on his recognizance. - Weatherwax v. The State, 17 Kans. 427.

BANK.

Defendants, who were partners, signed as sureties a note payable at plaintiffs' bank, of which R., one of the defendants, was a director. R. asked plaintiffs' cashier whether the note had been paid by the maker, and was told that it had; whereupon defendants neglected to obtain security from the maker, as they might have done; and he afterwards became insolvent, not having, in fact, paid the note. Held, that R. was bound, as a director, to know

whether the note was paid; that therefore plaintiffs were not estopped by the cashier's statement; and that defendants were liable. - Merchants' Bank v. Rudolf, 5 Neb. 527.

See CHECK; SET-OFF, 2.

BANKRUPTCY.

1. On a petition to a District Court of the United States, by partners, to have the partnership adjudged bankrupt, personal service, made without the district, on a partner refusing to join in the petition, is not sufficient; and a State court will hold an adjudication on such service void as against him. Isett v. Stuart, 80 Ill. 404.

2. Debts due from a factor to his principal are debts "created while acting in a fiduciary capacity," within the meaning of the Bankrupt Act, and are not barred by a discharge in bankruptcy. - Banning v. Bleakley, 27 La. Ann. 257.

If a promissory note bearing interest payable annually be indorsed before maturity, but after an instalment of interest is due and unpaid, the indorsee takes it subject to all equities between the original parties. — Hart v. Stickney, 41 Wis. 630.

See ALTERATION; CHECK; ILLEGAL CONTRACT, 2; LIMITATIONS, STATUTE OF MONEY HAD AND RECEIVED; PRESUMPTION, 2; REPEAL.

BONA FIDE PURCHASER.

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See BILLS AND NOTES; LIS PENDENS, 2;
REGISTRY, 1.

BOND. See CONSTITUTIONAL LAW, STATE, 1; INJUNCTION; PRIORITY.

BOUNDARY.

Conveyance by deed of land bounded on two streets, beginning at the intersection of their exterior lines. Held, that the soil of the streets did not pass.- White's Bank v. Nichols, 64 N. Y. 65.

The prisoner entered, without breaking, a dwelling-house by night, with intent to commit felony, and broke out in making his escape. Held, that he was guilty of burglary, by force of the English Stat. 12 Ann. c. 7, which, if 8

VOL. XII.

not merely declaratory of the common law previously existing, is itself a part of the common law of the State. State v. Ward, 43 Conn. 489.

See INDICTMENT; INTENT.

BURIAL.

See CONSTITUTIONAL LAW, 4; WAY, 1.

BY-LAW.

In an action to recover penalties imposed by city ordinance, the plaintiff must prove not only the ordinance, but the power of the city to make it. Alton v. Hartford Fire Ins. Co., 72 Ill. 328.

See EVIDENCE, 3; MUNICIPAL CORPORATION, 1.

CARRIER. See AGENT, 2; MASTER AND SERVANT; RAILROAD, 2.

CEMETERY. See CONSTITUTIONAL LAW, 4; WAY, 1.

1. Checks deposited with a bank, and credited in the depositor's passbook, are taken, in the absence of special agreement, for collection, and not as cash; and may be afterwards returned and the credit annulled if there are no funds to meet them; and this, whether drawn on the same bank or another. - National Gold Bank v. McDonald, 51 Cal. 64.

2. The holder of a check presented it to the bank on which it was dre vn. The teller expressed doubt as to the genuineness of the signature, but consented to pay it if the holder would indorse it, which was done. The her had received the check bona fide for value, but had reason, before presenting it, to doubt its genuineness, and said nothing to the teller of his suspicions. Held, that the bank, on finding the check to be forged, might recover back from the holder the money paid. — First National Bank of Quincy v. Ricker, 71 Ill. 439.

COMMON LAW. See BURGLARY; ILLEGAL CONtract, 2.

COMMON, TENANCY IN. See TENANT IN COMMON.

A corporation which cannot lawfully take by devise in the State by whose authority it is established, cannot take by devise in another State. Starkweather v. American Bible Society, 72 Ill. 50.

See EXECUTOR; MARRIAGE.

CONSPIRACY.

A conspiracy by A. and B. to injure C., in an enterprise in which they are all jointly engaged, is not criminal, if the whole enterprise is unlawful; because conspiracy is not criminal, unless against an innocent person. And, therefore, where two conspired to defraud a third by falsely pretending that parcels sold by them to him contained counterfeit money; whereas, in truth, such parcels contained only saw-dust, the conspiracy was held not indictable.

1. State insolvent laws are not wholly superseded by the Bankrupt Act; and, therefore, proceedings in invitum, under a State law, to distribute the assets of an insolvent debtor, were held valid in a case where the debtor had committed no act of bankruptcy, and where it did not appear that the proceedings would obstruct his becoming a voluntary bankrupt, and obtaining a discharge as such. (One judge doubting and two dissenting.) - Geery's Appeal, 43 Conn. 289.

2. A State statute making it penal for any person not a citizen of the State, to plant oysters in the waters thereof, held, constitutional. - McCready v. Commonwealth, 27 Gratt. 985.

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3. A State statute imposing restrictions on the sale of patent-rights, and requiring every written obligation, the consideration of which is such right, to continue the words, "given for a patent-right,” held, unconstitutional. Hollida v. Hunt, 70 Ill. 109.

4. A company was chartered with power to use and occupy land not exceeding five hundred acres for a cemetery. A subsequent statute forbade the company to extend its cemetery beyond the limits then occupied by it, being less than five hundred acres. Held, that, as it did not appear that any nuisance existed or was liable to arise, the statute was not a valid exercise of the "police power," and was unconstitutional. (BREESE, C. J., SHELDON and CRAIG, JJ. dissenting.) — Lake View v. Rose Hill Cemetery Co., 70 Ill. 191. 5. A State statute, requiring foreign corporations to comply with certain conditions before transacting business in the State, cannot constitutionally apply to corporations whose business is the manufacture and sale of articles patented under the laws of the United States. Grover & Baker Sewing Ma

chine Co. v. Butler, 53 Ind. 454.

6. A homestead exemption law can constitutionally apply to executions issued on judgments recovered after its passage, though the debts for which the judgments were recovered were contracted before its passage. (LUDDING, C. J. dissenting.) - Doughty v. Sheriff, 27 La. Ann. 355.

7. A State statute provided that no private market should be established, continued, or kept open within a certain distance of any public market." Held, constitutional, as applied to a private market already existing, and licensed by the State under the provisions of a former statute. (HowELL and WYLY, JJ. dissenting.) — New Orleans v. Stafford, 27 La. Ann. 417.

8. A statute enacting that dividends declared by any corporation, not claimed within five years by the persons entitled thereto, should be devoted to

a public use, held, unconstitutional. —University v. North Carolina R.R. Co., 76 N. C. 103.

See STATUTE; War.

CONSTITUTIONAL LAW, STATE.

1. Municipal bonds issued to an amount beyond the constitutional limit, but otherwise lawful, are valid up to that limit, but not beyond; and a recovery may be had on any bond for such proportion of its face as the maximum issue authorized by the Constitution bears to the whole issue. -McPherson v. Foster, 43 Iowa, 48.

2. A statute providing that upon all delinquent taxes a penalty of ten per cent shall attach and be collected as part of the tax, held unconstitutional, as applied to taxes already delinquent. Ryan v. The State, 5 Neb. 276.

3. A statute authorizing a town to raise by taxation money to aid a private manufacturing enterprise in the town, held unconstitutional. — Weismer v. Douglas, 64 N. Y. 92.

See MUNICIPAL CORPORATION, 2; Pardon; Statute; Tax, 1, 4.

CONTEMPT.

1. A sentence of imprisonment for contempt committed in the presence of the court, is valid though pronounced in the absence of the offender. — Middlebrook v. The State, 43 Conn. 257.

2. A libel on a grand jury, as to their past action, not calculated to obstruct the future performance of their duty, held not punishable as a contempt of court. Storey v. The People, 79 Ill. 45.

CONTRACT.

1. A contract by which several parties agree to share the expense of procuring a substitute for any one of their number who may be drafted to serve in the army, is lawful. - Fowler v. Donovan, 79 Ill. 310.

2. A son living with his father, though of full age, is a member of the latter's family, within the meaning of a railroad ticket, purporting to be issued for the exclusive use of the father and his family. — Chicago & N. W. Ry. Co. v. Chisholm, 79 Ill. 584.

See AGENT; ALTERATION; CORPORATION, 3; FRAUDS, STATUTE OF; ILLEGAL CONTRACT; NEGLIGENCE, 1; PARTNERSHIP, 1, 2; PARTY WALL; SURETY; USURY.

CONTRIBUTORY NEGLIGENCE. See NEGLIGENCE,

CONVERSION. See ACTION, 1.

CORPORATION.

2.

1. A general statute provided that no amendment to a charter should take effect unless accepted by the corporation within six months. Held, that a statute requiring a railroad corporation to stop trains at a certain station, was operative without acceptance by the corporation. State v. New Haven & Northampton Co., 43 Conn. 351.