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2. A member of an incorporated Board of Trade, expelled therefrom for violation of its by-laws, was held to have no remedy in the courts to be restored to membership, either by bill in equity or by mandamus. - Fisher v. Board of Trade, 80 Ill. 85; People v. Board of Trade, ib. 134.

3. If a contract of subscription be made to stock in a corporation, and certificates in the usual form issued to the subscriber, a condition reserving the right to the subscriber to cancel his contract will be held void as against other subscribers, though expressed on the face of the contract. Melvin v. Lamar

Ins. Co., 80 Ill. 446.

4. Judgment rendered for a defendant corporation, A., was reversed on error brought by the plaintiff; pending the writ of error, A. was consolidated with another corporation, B., forming a new corporation, C. Held, that judgment should be rendered against A., and a scire facias to bring in C. to receive judgment was quashed; but semble, that after judgment this process would be proper to obtain execution against C.-Shackleford v. Mississippi Central R.R. Co., 52 Miss. 159.

See CONFLICT OF LAWS; CONSTITUTIONAL LAW, 4, 8; REMOVAL OF SUITS, 1, 5.

CRIMINAL LAW.

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See BAIL; BURGLARY; CONSPIRACY; CONSTITUTIONAL LAW, 2; EVIDENCE, 1, 4, 5; GAMING; INDICTMENT; INTENT; JURY; PARDON.

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1. In an action of tort for personal injuries, the declaration averred that the plaintiff was by such injuries prevented from attending to his ordinary business. Held, that he could not, without more particular allegations, recover special damages on the ground of loss of employment in a trade requiring special skill and training. — Taylor v. Monroe, 43 Conn. 36. And even that no evidence whatever as to his business and earnings at the time of the injury, was admissible. Tomlinson v. Derby, 43 Conn. 562.

2. A. owned land and buildings, and had an easement of support for the same from B.'s adjoining land. In an action by A. against B. for digging on the latter's own land, and thereby causing A.'s buildings to fall, there was evidence that the buildings were so badly constructed that their fall could not have been prevented by any precautions, when the adjacent land was excavated in a proper manner. Held, that these facts were not a bar to the action (STAPLES, J. dissenting), but should go in reduction of damages. Stevenson v. Wallace, 27 Gratt. 77. See also Shafer v. Wilson, 44 Md. 268.

3. In replevin of property having an usable value (as a horse), the plaintiff, if he prevail, shall recover as an item of damages the value of its use during the time of detention. (BREWER, J. dissenting.) — Yandle v. Kingsbury, 17 Kans. 195; Ladd v. Brewer, ib. 204; Bell v. Campbell, ib. 211.

4. A buyer of seed, who knows before sowing it that it is of inferior

quality to that which the seller agreed to furnish, cannot recover of the seller damages for the diminished value of the crop. — Oliver v. Hawley, 5 Neb. 439. See CONSTITUTIONAL LAW, STATE, 1; MASTER AND SERVANT; SEDUCTION; TRESPASS, 2.

Deed.

A receipt under seal, though containing no words of release, is conclusive evidence of payment. - State v. Gott, 44 Md. 341. See BOUNDARY.

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Defendant demurred to the declaration, and afterwards pleaded the general issue, which was not joined. Held, that he could not, after argument and judgment against him on the demurrer, claim that he had waived it by pleading. Edbrooke v. Cooper, 79 Ill. 582.

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1. Residuary devise to J. S. during his natural life, and after his death the proceeds thereof to be equally divided between his lawful heirs; "first deducting the bequests already made, and when the others become equal, then the balance shall be divided between them, share and share alike." Power was given to the executors to sell "any of my remaining property, to pay the bequests hereinbefore made." Held, that J. S. took only an estate for life. Fulton v. Harman, 44 Md. 251.

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2. A testator gave his wife "$1650 in lieu of dower for her support durante viduitate, "then her said dower shall be transferred to my children;" fifty dollars to be paid on the testator's death, and the balance six months after. The widow received the money from the executors. Held, that the executory bequest to the children was valid; and that they, and not the executors, were the proper plaintiffs in an action brought after the widow's death to recover the securities in which she had invested it. Smith v. Van Ostrand, 64 N. Y. 278.

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See CONFLICT OF LAWS; DowER, 1; POWER; Tax, 2.

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DIVORCE. See ATTORNEY, 1; DowER, 2; GUARDIAN; HUSBAND AND

WIFE, 1, 2, 3.
DOWER.

J. D.

Jones v.

1. Devise to J. D., and if he should die without issue then over. marries, and dies without issue. His wife shall have dower. Hughes, 27 Gratt. 560.

2. By statute," a wife being defendant in a suit for divorce brought by her husband, and convicted of adultery," forfeits her dower. In a suit for divorce by husband against wife, each party charged the other with adultery; both charges were found true, and the suit was dismissed. Held, that the wife was not barred of dower. Schiffer v. Pruden, 64 N. Y. 47.

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If one incloses and claims to hold in fee land over which he has a right of way, he does not thereby lose his easement, unless his intent was to abandon it, or unless his acts have induced other persons to consider it extinguished, and to put themselves in such a position as to be injured by its revival. White's Bank v. Nichols, 64 N. Y. 65.

See DAMAGES, 2; Party-wall.

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EQUITY. See CORPORATION, 2; INJUNCTION; PRIORITY; SUBROGATION;
TAX, 3; WAY, 2.

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1. Evidence as to the religious belief of a person does not affect the admissibility, but only the weight, of his dying declarations.

Mook Sow, 51 Cal. 597.

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People v. Chin

2. The record of acquittal in a criminal prosecution is not admissible in evidence in a civil action brought by the prisoner for slander in charging him with the same crime, on the issue of the truth of the charge, nor to show malice in the defendant. Corbley v. Wilson, 71 Ill. 209.

3. In an action to recover a penalty for violation of a town ordinance, the jury were instructed that they might convict on a preponderance of evidence. - Held, error. Ruth v. Abingdon, 80 Пll. 418.

4. Indictment for selling liquor to an infant. The jury were instructed to consider the personal appearance of the infant, who was a witness, as bearing on the question whether the prisoner bona fide believed him to be of full age. Held, error. - Ihinger v. The State, 53 Ind. 251.

5. Where a prisoner is by statute a competent witness on his own behalf, he may testify as to his intent in doing the act charged as a crime. The State, 53 Ind. 420; White v. The State, ib. 595.

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Greer V.

6. On the trial of an issue of the legitimacy of a child, its mother testified that it was lawfully begotten by her husband, who was since dead. Held, that evidence of the mother's bad character for chastity during her husband's life, and before the child's birth, was inadmissible. - Warlick v. White, 76 N. C. 175.

See BY-LAW; DEED; FRAUDS, STATUTE OF; FRAUDULENT CONVEYANCE; GAMING; INDICTMENT; NEGLIGENCE, 2; PRESUMPTION, 1, 2; SEDUCTION; STATUTE; TENANT IN COMMON; WAY, 2.

EXECUTION.

1. An execution issued more than a year after judgment is irregular and voidable, but not void. — Morgan v. Evans, 72 Ill. 586.

2. Although a fi. fa. cannot regularly be executed after the return-day, it is otherwise with a writ of possession issued upon a judgment in ejectment. - Witbeck v. Van Rensselaer, 64 N. Y. 27.

3. By Act of Congress of May 7, 1800 (2 Sts. at Large, 61; U. S. Rev. Sts. § 994), a sale of land under an execution begun and left unfinished by a marshal, cannot be completed by his successor in office without a fresh order of court. By the State law of Illinois, no fresh order is required in such cases. Held, that by force of the acts of Congress adopting the State laws of practice, a sale of land in Illinois, on an execution issuing out of the United States Circuit Court for that district, made pursuant to the State practice, was valid. - Martin v. Gilmore, 72 Ill. 193. See CONSTITUTIONAL LAW, 6.

EXECUTOR AND ADMINISTRATOR.

A right of action given by statute of a State against a railroad company for causing the death of a person, is not assets of that person's estate, in another State, so as to authorize the appointment there of an administrator. Illinois Central R.R. Co. v. Cragin, 71 Ill. 177.

See MORTGAGE, 2; War; Will, 2.

EXEMPTION.

See ATTACHMent; Constitutional Law, 6.
EXTINGUISHMENT. - See EASEMENT.

FACTOR. See BANKRUPTCY, 2.

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FOREIGN LAW. See CONFLICT OF LAWS; PRESUMPTION, 1, 2.

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Where, by a statute, a defendant cannot be arrested on civil process unless he has been guilty of a fraud in contracting the debt sued for, one partner cannot be arrested in an action to recover the price of goods sold, on the ground that the other partner obtained credit therefor by false representations. - McNeely v. Haynes, 76 N. C. 122. See AGENT, 2; CONSPIRACY.

FRAUDS, STAtute of.

Parol evidence is not admissible to show that a written assignment, absolute in form, of the purchaser's interest in a contract to convey land, was afterwards rescinded, or agreed to be held as security for debts due from the assignor to the assignee. Richardson v. Johnson, 41 Wis. 100.

FRAUDULENT CONVEYANCE.

The grantee in a conveyance alleged to be fraudulent cannot, in defence of a suit brought by a creditor to set it aside, show by parol a consideration different from that expressed in the conveyance. · Galbreath v. Cook, 30 Ark.

417.

See PLEDGE.

GAMING.

In an indictment for playing cards on Sunday, the particular game played need not be averred; but, if averred, it must be proved as laid. State v. Anderson, 30 Ark. 131.

See ILLEGAL CONTRACT, 2.

GUARDIAN.

A mother to whom the custody of her child has been granted by a decree of divorce from its father, may by will appoint a guardian for the child, though the father be living. — Wilkinson v. Deming, 80 Ill. 342.

HOMESTEAD. - See CONSTITUTIONAL LAW, 6.

HUSBAND and Wife.

1. A husband has no right in or to his wife's lands, after a divorce a vinculo; and this, whether or not there is issue of the marriage. — Porter v. Porter, 27 Gratt. 599.

2. Husband and wife seised by entireties, by a divorce become tenants in Harrer v. Wallner, 80 Ill. 197.

common.

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3. A husband is not liable, as for necessaries, for the fees of an attorney employed by his wife to obtain a divorce.

Dow v. Eyster, 79 Ill. 254. See DOWER; GUARDIAN; INDICTMENT; LANDLORD AND TENANT; SLAVE; WILL, 1.

ILLEGAL CONTRACT.

1. An agreement with the directors of a railroad company that the company should build no station within three miles of a certain place, held illegal. — St. Louis, Jacksonville, & Chicago R.R. Co. v. Mathers, 71 Ill. 592.

2. The English Stat. 9 Ann. c. 14, is part of the common law of this country, and by force of that statute a promissory note given for a gaming debt is void. Evans v. Cook, 11 Nev. 69.

See CONTRACT, 1; CORPORATION, 3; SURETY, 1; Usury.

INDICTMENT.

Indictment for breaking into the house and stealing the goods of A. The evidence was that the goods stolen were household furniture, the separate property of A.'s wife, and in the common use of the family. Held, no variState v. Wincroft, 76 N. C. 38.

ance.

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