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2. Decision on the facts as to land in Texas. -Cavazos v. Trevino, 6 Wallace,

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TRUSTEE.-See CASES FOLLOWED OR DENIED, 2; CORPORATION.

VENDOR AND PURCHASER.- See FRAUD.

VERDICT.

1. A verdict not received by the court, the jury being sent out again, with the assent of the attorney of A., against whom they afterwards found, is not evidence for any purpose. - United States v. Addison, 6 Wallace, 291.

2. A general verdict for the plaintiff, subject to the opinion of the court on certain facts, being agreed to as a special verdict, though bad as such for want of an alternative finding, was treated as an agreed statement.-Mumford v. Wardwell, 6 Wallace, 423.

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Devise of a fee to M. and G., "to them and the survivor of them," in trust, to manage, invest, and re-invest, and to pay the income to a son for life; and then "the said M. and G., or their successors, as trustees, shall . . . appoint" three parties, who shall determine on a charitable scheme, for which the trust fund shall be paid over. Children of said son, living at the date of the will, were passed over in it and in a subsequent codicil. Said son died before testatrix, as did said G. Held (1) that the will, with some oral proof, manifested an intention not to provide for said son's children, within Gen. St. of Mass, c. 92, § 25; (2) That the trustees' power of appointment was coupled with an interest, and survived to M. on G.'s death; (3) That the objects of the bounty were sufficiently certain under the local law. - Loring v. Marsh, 6 Wallace, 337.

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"Title, or Color of Title."-See LIMITATIONS, STATUTE OF, 1, 2.

GENERAL RULES,

MADE AT DECEMBER TERM, 1867.

RULE NO. 31.

Appearance.-Notice of Motions.

Ordered, That, upon the filing of the transcript of a record brought up by writ of error or appeal, the appearance of the counsel for the plaintiff in error or

appellant shall be entered, and no motion to dismiss, except on special assignment by the court, shall be heard, unless previous notice has been given to the adverse party, or the counsel or attorney of such party.

RULE NO. 32.

Supersedeas.

Supersedeas bonds in the Circuit Courts must be taken, with good and sufficient security, that the plaintiff in error or appellant shall prosecute his writ or appeal to effect and answer all damages and costs if he fail to make his plea good. Such indemnity, where the judgment or decree is for the recovery of money not otherwise secured, must be for the whole amount of the judgment or decree, including "just damages for delay," and costs and interest on the appeal; but in all suits where the property in controversy necessarily follows the event of the suit, as in real actions, replevin, and in suits on mortgages; or where the property is in the custody of the marshal, under admiralty process, as in case of capture or seizure; or where the proceeds thereof, or a bond for the value thereof, is in the custody or control of the court, - indemnity in all such cases is only required in an amount sufficient to secure the sum recovered for the use or detention of the property, and the costs of the suit and "just damages for delay," and costs and interest on the appeal.

RULE NO. 33.

Writs of Error.

In cases where final judgment is rendered more than thirty days before the first day of the next term of this court, the writ of error and citation, if taken before, must be returnable on the first day of said term, and be served before that day; but in cases where the judgment is rendered less than thirty days before the first day, the writ of error and citation may be made returnable on the third Monday of the said term, and be served before that day.

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SELECTED DIGEST OF STATE REPORTS.

[FOR the present number of the Digest, selections have been made from the following volumes of State Reports: 40 Alabama; 50 Barbour (New York); 4 Coldwell (Tennessee); 35, 36 Georgia; 19 Louisiana Annual; 97 Massachusetts; 16 Michigan; 40, 41 Missouri; 3 Nevada; 37 New York; 55 Pennsylvania; 21 Wisconsin.]

ACTION.

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-See BILLS AND NOTES, 13; FOREIGN JUDGMENT; INSURANCE, 7;
LIMITATIONS, STATUTE OF; PARENT AND CHILD.

ADMINISTRATOR. - See PARENT AND CHILD.

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ADMIRALTY.-See CONFLICT OF FEDERAL AND STATE AUTHORITY, 2, 3.

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If an alien who has purchased lands become naturalized before an information is filed for their forfeiture, his title becomes perfect. - Harley v. State, 40 Ala. 689.

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APPLICATION OF PAYMENTS.-See LIMITATIONS, STATUTE OF.

ARBITRATION.

The constitution of a chamber of commerce, of which plaintiff and defendant were members, provided that "all matters of difference shall be submitted in writing, by one or both parties, . . . stating the subject or question upon which the services of the arbitration committee are required." Plaintiff submitted a claim against defendant, and a statement of facts, to said committee, and defendant filed a counter statement, but without express words of submission. Held, that there was no such voluntary submission in writing by both parties as to make the decision binding as a common law award. Pierce v. Kirby, 21 Wis. 124.

ARREST.-See FACTOR.

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ASSESSOR.-See ASSUMPSIT, 2, 3; JUDICIAL ACT.

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ASSIGNMENT.

A firm proposed to its creditors that they should accept fifty per cent on their respective claims, in full satisfaction thereof; and, if the firm could not comply with those terms, then an assignment should be made, for the benefit, first, of confidential and accommodation creditors; second, for those creditors who should have executed a conditional release, under the above arrangement, to pay them fifty per cent on their claims; third, for other creditors. A conditional release was accordingly signed by certain creditors, Nov. 16, 1854, and, as part of the same transaction, an assignment was made, Dec. 1, 1854, as proposed. Plaintiff recovered a judgment against the firm in March, 1855, and now seeks to set aside said assignment. Held, reversing the judgment of the Supreme Court, that the assignment was valid. - Spaulding v. Strang, 37 N.Y. 135. See Low v. Graydon, 50 Barb. 414.

ASSUMPSIT.

1. When, of two claimants for the same service, the one who is not entitled is paid, the other has no claim against him, but must look to the original debtor. — Patrick v. Metcalf, 37 N.Y. 332.

2. Defendant's assessor assessed plaintiff on shares in a bank at their par value, although the bank held government bonds as part of its capital. Plaintiff did not take any measures to correct the assessment, and the tax was collected and paid to defendant. Held, that an action for money had and received would not lie, as the act of the assessors was judicial. Semble, per BACON, J., that, upon a certiorari, the validity of the tax, as well as the jurisdiction of the assessors, might have been reviewed. - Swift v. City of Poughkeepsie, 37 N.Y. 511. 3. To recover the amount of a school district tax, illegally assessed and collected, the remedy is by action against the school district for money had and received, not against the town or assessors.- Bacon v. School District in B., 97 Mass. 421.

See CONTRACT, 1; PRINCIPAL AND AGENT, 2; SLAVE, 4.

ATTACHMENT.

In a suit against a third party, the Deputy United States Marshal seized goods belonging to W., who replevied the same. The court finding in favor of the marshal, he waived a return, and took judgment for the value of the goods. Held, that, as he was a trespasser, and only allowed to hold the goods to prevent a clashing of process, he discharged his levy by relinquishing it.-Weber v. Henry, 16 Mich. 399; Cohen v. Henry, ib. 405; s.c. ante, 2 Am. Law Rev. 775.

ATTORNEY.

Parties, in whose name an attorney has prosecuted an action and failed therein, are liable for costs, although such action was brought without their knowledge. -Hamilton v. Wright, 37 N.Y. 502.

See CONFEDERATE MONEY, 8; TEST OATH, 1.

AUTREFOIS ACQUIT.

When a prisoner has been acquitted under a ruling that the indictment is too defective to sustain a conviction, if in fact it was good, autrefois acquit is well

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pleaded to a second indictment (WALKER, J., dissenting).- Black v. State, 36 Ga. 447.

See CONFLICT OF FEDERAL AND STATE AUTHORITY, 1.

AWARD.-See ARBITRATION.

BAILMENT.

P. received of G. a sewing machine, and gave a written receipt, and promise to safely keep it, and in three months to return it free of charge and unincumbered, provided that if, on or before that time, P. should pay G. $60, the receipt should be void, and G. should give a bill of sale. P. sold the machine to D., and G. replevied it within the said three months. Held, that P. was simply a bailee, and could pass no title to D. until after payment; and that the contract of bailment, which was one of personal confidence, having been broken, G. could proceed at once.-Dunlap v. Gleason, 16 Mich. 158.

See CARRIER; FACTOR; TELEGRAPH, 1.

BALLOT.-See ELECTION.

BANK.

The Bank of Louisiana turned over all its assets and deposits, by order of the commanding general of the United States army. Held, that this was a good defence to a suit by a depositor.-Mandeville v. Bank of Louisiana, 19 La. An. 392.

See ASSUMPSIT, 2; CORPORATION, 5; NATIONAL BANK; NOTICE; SURETY; TAX, 5.

BANKRUPT LAW.

1. The United States Bankrupt Law does not divest State courts of the jurisdiction necessary to the final administration of the estate of an insolvent who has made a surrender previous to its passage. Meekins v. Creditors, 19 La. An. 497.

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2. State insolvent laws were not superseded, until June 1, 1867, by the United States Bankrupt Law approved March 2, 1867.-Day v. Bardwell, 97 Mass.

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BAVARIA.

Subjects of Bavaria are exempt, by the Consular Convention of Jan. 21, 1845, from a tax of ten per cent on successions in Louisiana, going, in whole or in part, to persons not domiciled in that State, and not being citizens of any other State or territory of the Union. Succession of John Crusius, 19 La. An. 369. BELLIGERENT RIGHTS.-See CONVERSION, 2, 3.

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BETTERMENT.

An act authorizing a municipal corporation to improve its streets, and to assess the expense upon the real estate benefited thereby, in proportion to the amount of such benefit, is constitutional.

So is an assessment under such act, although made for the purpose of reimbursing the city after the improvement is made and paid for, and the adjoining owners are enjoying the benefit thereof. - Howell v. City of Buffalo, 37 N.Y.

267.

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