(DOMESTIC RELATIONS-TORTS; NEGLIGENCE; INJURIES; NUISANCES.) which would authorize the contract. (Tenn.) | 765. The right of a corporation to defend against contract liabilities growing out of its actual transactions on the ground that they were be yond its corporate powers is denied. (N. Y.) 48. The liability of a corporation for extra work ordered by a director without authority, but which work was done with the knowledge of the majority of the directors, is upheld in a Connecticut case. (Conn.) 291. Receiver. The doctrine that a receiver may be appointed, where no other relief is asked, in a suit against an insolvent corporation, is approved in the Iron Hall case. (Ind.) 210. Partnership. An extensive discussion of the question what constitutes a partnership is found in the differing opinions of the judges in a Michigan case, where the owner of land agreed with another for the cutting and selling of logs and bolts, with a division of the ultimate balance after paying certain sums to each party, and the expenses of the work. (Mich.) 776. Club. A social club which is incorporated is held in Louisiana to be subject to the license law in respect to selling, giving away, or otherwise disposing of intoxicating liquors. (La.) 185. VI. TORTS; NEGLIGENCE; INJURIES; NUISANCES. Mere play by students is held to constitute Libel. The right to criticise public officers is held not to excuse a charge that a constable, merely to increase his own fees, induced persons to sue out unnecessary warrants. (Ga.) 533. Privilege in respect to defamatory statements is discussed in a case where alleged slander was spoken by the principal of a deaf mute institute in statements to the executive committee and the president of the board of trustees concerning a woman employed as superintendent of the sewing department and teacher of a class in sewing. (N. Y.) 440. to refer to another person, as to whom the facts are true, can have no right of action for libel, although the article would be libelous if it was intended to refer to him. (Mass.) 856. False imprisonment. The question of liability of a magistrate who issues, or of an officer who serves, a warrant of arrest, is reviewed at length in a Utah case. (Utah) 590. Negligence. One whose negligence as to a division fence permits a neighbor's colt to escape is liable for resulting injury, although the negligence of a third person in starting or driving the colt may have contributed. (Vt.) 479. The subject of contributory negligence is discussed at length in a New Jersey The question of privilege in the publication case in which it was held to be negligence to of false statements by a mercantile agency is leave a surveyor's transit set up in a street withreviewed in a Missouri case, where the claim out any one in charge of it, but not to be negis denied as to publication made to all sub-ligence for a traveler to drive against it without scribers whether creditors of the person libeled or not. (Mo.) 138. A doctrine which must meet with much dissent, and which does in fact meet with strong dissent in the court which propounds it, declares that a person whose name and description are used by mistake in an article intended' seeing it. (N. J.) 61. Whether or not it is negligence for a blacksmith to hammer at an anvil within six feet of a sidewalk before an open door, in consequence of which a scale from his hammer destroys the eye of a passer-by, is held to be a question for the jury. (Iowa) 273. (PROPERTY RIGHTS; LIENS; The use of steam power on a street railroad, where it is in fact negligence in view of the use of the streets by the public, is held not to be excused by the fact that the company was allowed by charter to use steam power. (Neb.) 853. Master and servant. A case of considerable importance, decided against vigorous dissent, holds an employer liable for negligence in the employment of a surgeon for a hospital maintained for employés who contribute small sums for the purpose, even in the case of an employé treated by the surgeon not at the hospital but at the home of his friends. (Wash.) 338. The effect of the Employers' Liability Act of Alabama on the assumption of a servant of known risks is considered in an extensive opinion which holds the rule to be unchanged. (Ala.) 457. Negligence as to passengers. The question whether a railroad company is held to the same extraordinary care in respect to its depot approaches as in respect to trains is discussed with some lack of agreement by the judges of the supreme court of South Carolina, a majority of whom agree in the affirmative, where the approach is a trestle or bridge. (S. C.) 520. The degree of care required of street railway companies toward passengers is defined in Nebraska as the utmost skill, diligence, and human foresight. (Neb.) 316. The question of a railroad company's liability to passengers for a casualty occasioned by an unprecedented flood is discussed at length in a Maine case, in which a culvert was washed away in such a storm, but the company was held liable for lack of promptness in inspecting the line during or after the storm. (Me.) 813. For cutting off a sleeper without notice to a passenger having a sick child, while his bag gage and medicine have gone with the train, a railroad company is liable in compensatory, but not in exemplary, damages. (Va.) 817. The duty to look and listen before crossing a railroad track is held subject to an exception in case of a passenger going from his train to an eating house maintained by the carrier. (Colo.) 729. The measure of care of a person who is ] | GIFTS; WILLS.) ejected from a train and left upon the railroad track is discussed at much length in a Pennsylvania case, where it is held by the majority of the court that his duty is merely to leave the track at the earliest practicable opportunity which a reasonably prudent man would discover and seize. (Pa.) 682. As to freight. Whiskey on a train wrecked by the Johnstown flood was held not to have been lost by inevitable accident, where it was not destroyed by the flood, but part of it was stolen after the flood without any attempt of the trainmen to prevent it, and the rest was destroyed by a volunteer guard of citizens to prevent it from falling into the hands of dangerous men. (Pa.) 360. Licensees and trespassers. The rule that a mere liceusce takes the risk of injury from a defective condition of the premises on which he goes is illustrated in a Maryland case, where a student while making, by permission, a tour of inspection through a power-house is injured by falling into a vat of boiling water. (Md.) 714. A woman who goes in the night to see her husband off on a freight train which does not carry passengers but on which he goes with livestock and other freight is held to be a mere licensee who takes the risks of injury from lack of lights and railings on the platform. (Wis.) 527. The tort of a brakesman in driving from a freight train a person stealing a ride is held not to be within the scope of his employment, in the absence of proof on that point; and such a trespasser has no relation of passenger to the railway company. (Mo.) 350. Nuisance. The distinction between cases of nuisance and of negligence is very clearly brought out in a Pennsylvania case holding that the escape of oil from a pipe line is a nuisance for which liability exists, independently of negligence. (Pa.) 642. The relative rights of lessees on different floors of a building are presented in a Massachusetts case, in which a lessee is held liable to one below him for acid fumes and sand which go through the floor to the injury of the latter. (Mass.) 844. VII. PROPERTY RIGHTS; LIENS; GIFTS; WILLS. The interests of persons not in esse are held | the land, and therefore may be used or sold by to be sufficiently protected in a proceeding to a tenant. (Iowa) 333. sell real property where others of the same class are before the court who are certain to bring before the court the merits of any question affecting any of the class. (Ill.) 247. Waters. The law of watercourses is reviewed in an interesting Wisconsin case which holds that the flow of water which can be identified as it percolates the ground, must be held a waterthe outlet of a lake, although much of the way course. (Wis.) 40. Light and air. The effect of a reservation in a deed of the use of light and air for windows overlooking a portion of the premises conveyed is construed in a New Jersey case to exclude any building on such portion. (N. J.) 631. (CIVIL REMEDIES; RULES AND PRINCIPLES.) VIII. CIVIL REMEDIES; The black-listing of employés is held in a Massachusetts case not to give them any joint right of action, or any right to an injunction, leaving them to their remedy, if any, by separate actions at law. (Mass.) 342. A suit in equity to enforce a lien on the proceeds of property which was subject to the lien is upheld in Florida where the property had been sold by consent and the proceeds deposited subject to the rights of the parties. (Fla.) 67. The remedy in equity, where part of a leased basement has been taken for a vault by the owner in good faith, is held not to require a removal of the vault at very great expense, where equally available space is offered in place of it. (Mass.) 843. Trial by jury. struction of a building for them is that of ten ants at will. (Ga.) 33. Trusts. A power of revocation in a trust is not necessary, where the grantor reserves to himself the whole beneficial interest, except meager commissions to the trustee, and creates the trust through fear of his own insanity. (Pa.) 362. Liens. The distinction between statutory and common law liens as affected by prior rights to the property is pointed out in a New Jersey case, which denies to a livery-stable keeper's lien priority over a chattel mortgage. (N. J.) 719. subcontractor to cut off liens of materialmen The effect of payment by a contractor to a is sustained when made in good faith. (N.Y.) 560. Mortgages. The relative rights of mortgagees of a vessel are discussed extensively in a case where possession was taken by a second mortgagee, who then allowed the mortgagor to use the vessel in consideration of an assignment of the freights. (N. Y.) 497. Gifts. A peculiar case as to gifts is in respect to a donation to sufferers from a cyclone by members of a benefit society, where the committee of disbursement undertook to withhold a part of it on the ground that it was not needed and to turn it over into the treasury. (Ky.) 317. Wills. The effect of the statute against perpetuities is involved in a Wisconsin case which holds that an absolute estate is given by a devise in fee where this is followed by clauses at tempting to make further dispositions which violate the statute. (Wis.) 509. The question whether a prohibited gift by will is to be determined by the face of the will alone or not is illustrated in a case which holds that a devise absolute in form if intended to evade a statute against excessive gifts to illegitimate children is invalid. (S. C.) 465. RULES AND PRINCIPLES. count, which by immemorial practice has been tried by auditors. (Vt.) 366. An agreement to submit a case to the court without a jury is held binding even after one trial, where the judge died before deciding the case. (Md.) 759. Injunction. An injunction to prevent the practice of a profession in violation of a contract is held not proper, where the contract provided for liquidated damages. (Conn.) 432. The power to grant an injunction in aid of an attachment is affirmed by the New York court where the attachment has been levied ou property upon which executions have previcusly been levied under judgments fraudulently confessed. (N. Y.) 446. Partition. The constitutional right of a trial by jury The effect of adverse possession to defeat an on an issue of fact in a court of law which is action for partition is denied under the New proper for the cognizance of a jury is held in- York Code of Civil Procedure, where the posapplicable, in Vermont, to an action of book ac-session has not ripened into title. (N. Y.) 624. (CRIMINAL LAW AND PRACTICE.) Mandamus. The use of a writ of mandamus to compel the location of a railroad depot at a particular spot is denied in a Florida case. (Fla.) 419. Evidence. Declarations of a person to show partnership are held inadmissible in a California case, with which is a full annotation of the point. (Cal.) 595. to Oral evidence to show that a deed expressing a money consideration was really a gift is al lowed for the purpose of supporting the title of a purchaser from a married woman whom the property was given. (Or.) 101. Presumptions. The presumption of negligence from the occurrence of an accident is held to exist where a chisel drops from a scaffold and injures a person walking on a sidewalk. (Cal) 698. The presumption that a person when fatally injured was exercising ordinary care and caution is declared in a Minnesota case to apply to the case of a person who was thrown from his load and injured in attempting to cross a railroad, where the planks bad been removed from between the rails. (Minn.) 587. Damages. The doctrine that an act which prevents or retards the recovery of an injured person will not be ground for reduction of damages, unless the act was negligent, is applied in a Wisconsin case, where a woman becomes pregnant after an injury and the results of the injury were thereby prolonged or recovery retarded. (Wis.) 541. The right to damages for mental suffering on account of the failure to deliver a telegram is discussed vigorously and at length in a Missouri case, which reviews the conflicting decisions and denies the right. - (Mo.) 172. amount of unlawful interest paid upon a note, and for a statutory penalty, is held subject to a set-off of subsequent judgments in favor of the bank on such note and others. (Ohio) 192. Foreclosure. The remedy of strict foreclosure is discussed in a New York case which denies that it can be granted to a mortgagee who has purchased on foreclosure in order to cut off a subsequent mortgagee, where leave was given to make the latter a party to the former foreclosure suit but was not accepted. (N. Y.) 370. The validity of a garnishment proceeding to reach a debt due to a nonresident from a foreign corporation by service upon an agent of the latter is denied in New York. (N. Y.) 118. Judicial sale. The effect of an announcement at a judicial sale which prevents bidding on account of sympathy for the debtor, who bids and gets the property without competition, is held to defeat the sale although there was no misrepresentation or concealment. (S. C.) 545. Property which is of practical use in operating a canal is held in a Maryland case to be not subject to execution. (Md.) 737. Proximate cause. The question of proximate cause is presented in a peculiar case in which a statement by the conductor that the caboose would not be changed was claimed to be the cause of injury to a person who, after going to see his stock and while walking back on top of the train, fell while attempting to step on the caboose just as it was kicked from the train. (U. S. C. C. App. 8th C.) 582. IX. CRIMINAL LAW AND PRACTICE. Alcohol is held not to be a vinous or spiritu- | in the office of the commissioner of statistics ous liquor within the meaning of a statute of labor, although they have been used by him against the sale of such liquors. (Miss.) 645. in preparing his report. (N. Y.) 381. That the death of a person convicted and sentenced to imprisonment pending his writ of error abates the writ is decided, with a review of authorities, in an Illinois case. (Ill.) 143. The right of a witness detained in default of bail to per diem witness fees is upheld by a very brief decision in a Michigan case, which is nearly of first impression. (Mich.) 57. Evidence of the character for chastity of a person charged with keeping a house of ill fame is not admissible, where such character had not been put in issue by testimony of the defendant, or evidence to support such character. (R. I.) 609. Evidence of the character of an accused for peace and quietude is held admissible in a case of murder by poisoning, on the ground that an assault is an essential element of murder The provision of the New York Penal Code against destroying public records is held ap-|(Ind.) 863. plicable to circulars with their answers filed INDEX TO NOTES. (The General Index follows this.) Accord and satisfaction; by part payment; general principles; receipts; consideration; liquidated demands; payment less interest; payment before debt is due; payment of costs and expenses; debtor's note or check; further security; surrender and cancellation of note; other than money; payment by third party; composition agreements; unliquidated demands; miscellaneous; statutory provisions Animals. See FENCES. Attachment; injunction in aid of Auction; right of auctioneer or officer conducting sale to make bids: (I.) on their own account; (a) auctioneers; (b) sheriffs, commissioners, clerks, constables, etc.; (II.) for third party Effect of preventing or checking bids upon the validity of sales at auction: (I.) general rule; (II.) qualifications and exceptions to the rule; (III.) English cases Bills and notes; negotiability of note payable in foreign money As to validity of notes given for patentrights; where the patent is invalid; failure of consideration; as to recording and defective assignments; as to notice to the holder affecting the validity of the note; as to statutory restrictions 785 446 503 545 481 605 342 Blacklisting; injunction against senger fare when paid upon train TION. Corporations. Estoppel of, see ESTOPPEL. Receivers for, see RECEIVERS. Sale of franchise, see JUDICIAL SALE. Courts; exclusiveness of jurisdiction by ap pointment of receiver; as between a receiver and assignee in bankruptcy; as to property outside the jurisdiction; as to right of possession between receiver and execution or attachment creditor; as affected by time of receiver's appointment, giving bond, and taking possession; as to questions between state and federal courts; as to effect of an appeal, Criminal law; validity of statute making it criminal to have possession of property which is capable of criminal use 483 520 527 391 52 Damages; in lieu of injunction; application of the doctrine of Henderson Case; rulings under English statute; in injunction suits; in suits for specific performance Delegation of power. See MUNICIPAL CORPORATIONS. Dentists. See MEDICAL BOARDS. Easement; exception and reservation of; general distinctions between exceptions and reservations; creation of easement by reservation; words of inheritance necessary in the reservation of easements; exception of easements: words of inheritance not necessary to except an easement in fee; necessity of technical words; reservation out of grantee's other property; reservation in favor of a stranger: construction; appurtenant easements; duration of easements appurtenant; illustrations of the use of reservations Eminent domain; power to condemn right of way for railroad sidings to private establishments Estoppel; of corporation to set up plea of ultra vires Evidence; parol evidence as to the consideration of a deed: (1) denying its receipt in an action for the purchase price; (2) evidence of a further consideration than that named in the deed; (a) to pay debts of the grantor; (b) to support the grantor; (c) of a reservation by the grantor; (d) of some deed to be performed by the grantee; (3) evidence that the consideration included other things also; (4) that the land was sold by the acre; (5) where the property is sold subject to an incumbrance; (6) payment otherwise than in money; (7) in action for breach of covenant; (8) to show an advancement; (9) in an action by the grantor to set aside the deed; (10) to establish a trust in a third person; (11) to establish a use; (12) in an action by a creditor to set aside; (13) deed by or to a married woman; (14) in an action by one grantee against another; (15) miscellaneous illustrations 75% 631 434 765 101 595 Proof against one person of declarations by another to show partnership; declarations generally; dormant partners; estoppel; letters, circulars, and entries; shipping registers; declarations in statements Evidence and instructions as to character of accused; presumption of good character; attacking the defendant's character; evidence in cases of disorderly houses and houses of ill fame; (1) character of defendant keeping disorderly house; (2) character of house charged to be disorderly; (3) character of inmates of disorderly house: (4) character of visitors to disorderly house; evidence restricted as to time; evi |