days' notice thereof has been given as required by statute.—Burkelo v. County Commrs., S. C. Minn., May 25, 1888; 38 N. W. Rep. 108.

160. HIGHWAYS-Obligation to Repair - Liability.A person who has by contract with public authority, assumed obligations to keep a public highway or other public place in repair, may be held liable to one who has been especially injured by his failure to perform such obligation.-Weymouth v. City of New Orleans, S. C. La., March 26, 1888; 4 South Rep. 218.

161. HIGHWAYS- Rejecting Report Reconsideration. When a board of county commissioners rejects the report of viewers to locate a public road, it may at the same session reconsider its action and continue further action to a future day of that session.-Higgins v. Curtis, S. C. Kan., May 4, 1888; 18 Pac. Rep. 207.

162. HIGHWAYS-User - Dedication-Time.On an indictment for obstructing a highway, the fact that the public used the road is competent evidence to prove the acceptance of the right of way, where a dedication is alleged to have been made by the owner. Lapse of time is not essential to the establishment of a highway by dedication.-State v. Birmingham, S. C. Iowa, May 11, 1888; 38 N. W. Rep. 121.

Upon the ap.

163. HOMESTEAD - Appraisement. pointment of three appraisers by the court to set off a homestead under Gen. St. S. C. § 1994, a return by two appraisers, all acting together and one dissenting from the return, is valid.- Carolina S. Bank v. Evans, S. C. S. Car., April 23, 1888; 6 S. E. Rep. 321.

164. HOMESTEAD-Right of Widow.- -Under Virginia laws, the widow of an inteestate, who has during his life-time set apart real estate as a homestead and who left no debts, cannot claim such homestead, after his death, against his heirs.-Barker v. Jenkins, S. C. Ap. Va., May 10, 1888; 6 S. E. Rep. 459.

165. HOMESTEAD-What is.- -The test of a homestead is whether the house is actually used as the residence of the family. It is also used as a place of business, it will not therefor cease to be a homestead if the part so used would be necessary or convenient for the use of the family independent of the business.-Bebb v. Crowe, S. C. Kan., May 4, 1888; 18 Pac. Rep. 223.

166. HUSBAND AND WIFE-Her Note-Consideration.

A wife gave her own note to her husband's creditor in return for the surrender of his past due paper: Held, there was sufficient consideration for her note.Osborne v. Doherty, S. C. Minn., May 21, 1888; 38 N. W. Rep. 111.

167. HUSBAND AND WIFE-Marriage Settlements.An absolute deed, whereof the actual consideration, though not expressed, is a contemplated marriage, afterwards consummated, is not a maraiage settlement or contract within the meaning of Code N. C., § 1269.— Sullivan v. Powers. S. C. N. Car., May 7, 1888; 6 S. E. Rep. 895.

168. HUSBAND AND WIFE-Separate Estate-Liability for Debt. When a suit in equity is instituted to subject the separate personal estate of a married woman to a debt, where no attachment is issued or lien acquired thereon before the suit is brought, two of the judges hold that a purchaser thereof for value and without fraud, is not liable therefor to the plaintiff, and one judge holds that he is if he purchases after sum. mons is served on her.-Bueff v. Thompson, S. C. App. W. Va., Feb. 18, 1888; 6 S. E. Rep. 352.

Ratification.

169. INFANCY Where a daughter promised to pay her mother the expenses of her education out of a legacy that she (the daughter) had, and on coming of age reiterated her desire to go on with her studies in the same way: Held, that these latter declarations ratified the promises made by the daughter during her minority to reimburse her mother for those expenses.-Hatch v. Hatch, S. C. Vt., April 25, 1888; 13 Atl. Rep. 791.

170. INJUNCTION-Jurisdiction-Summons.- -Under North Carolina law, an injunction may issue before service of the summons, and notice of it to the defend

ant gives the court jurisdiction of him as to it.-Fleming v. Patterson, S. C. N. Car., May 7, 1888; 6 S. E. Rep. 396.

171. INSANITY-Criminal Law-Evidence.- -It is not proper to admit in evidence proof of the dreams of defendant in support of the plea of insanity, such dreams tending to indicate that the prisoner was haunted by the spirit of his wife who, as he alleged, required him to kill the deceased in revenge of his wrongs to her.Spencer v. State, Md. Ct. App., April 18, 1888; 13 Atl. Rep. 809.

172. INSOLVENCY -Preferences Lex Rei Sitæ. -In proceedings under the insolvent act for the appoint. ment of a receiver of the estate of a non-resident insolvent, doing business and owning property in this State, upon the ground that by a conveyance of personal property in this State he had preferred one creditor, the preferential character of the conveyance, and whether it constituted an act of insolvency must be determined by the law of this State and not by the law of the State where it was made.-In re Peck, S. C. Minn., May 14, 1888; 38 N. W. Rep. 104.

173. INSURANCE - Application. Where the statements of an application for insurance are made by the insured "to the best of his knowledge and belief," the company cannot show that the statements were false, but must also show that they were known to be false.Clapp v. Massachusetts, etc. Co., S. J. C. Mass., April 6, 1888; 16 N. E. Rep. 433.

-When the

174. INSURANCE Conditions - Waiver.insured has failed to keep his books of invoice secure from fire as required by his policy, the company waives the condition by requiring him after the fire to incur the trouble and expense of obtaining bills and vouchers for all his goods received for several years before.Brown v. State I. Co., S. C. Iowa, May 14, 1888; 38 N. W. Rep. 135.

175. INSURANCE Incumbrances In a Taxes. policy of fire insurance a warranty concerning incumbrances of all kinds, includes only incumbrances created by the act or consent of the parties, and does not include delinquent taxes.-Hosford v. Hartford F. Co., U. S. S. C., May 14, 1888; 8 S. C. Rep. 1202. 176. INSURANCE-Mutual Benefit-Assessment-Notice. -In an action on a mutual life insurance company certificate, conditioned that failure to pay the assess ment within thirty days after notice shall avoid it, it appeared that the notices for three members of a family were inclosed in one envelope, and received by one of them, the mailing being proved only by the usual course of the company's business: Held, that a finding that notice was not mailed to the insured would not be disturbed.-Garretson v. Equitable, etc., S. C. Iowa, May 12, 1888; 38 N. W. Rep. 127.

177. INSURANCE - Pleading. - A declaration which stated that the defendant company had insured the house of the assured, and bound itself by a policy of insurance to make good to the assured all loss to the property occurring by file to the property, and that a loss did occur and that the plaintiff was the assignee of the assured, states a good cause of action.-Searle v. Gardner, S. C. Penn., April 23, 1888; 13 Atl. Rep. 835.

178. INTOXICATING LIQUORS.-Druggist's License.

It is competent for a druggist to give in evidence to explain his possession of liquors, that at the time of their seizure he had applied for a druggist's license to sell them, and that five days afterwards that license was granted.-Commonwealth v. Wellington, S. J. C. Mass., May 3, 1888; 16 N. E. Rep. 446.

179. INTOXICATING LIQUORS-Former Conviction.In New Hampshire, an indictment for unlawfully selling intoxicating liquors must be found within one year after the offense is committed, but it is not necessary that a former conviction given in evidence to increase the penalty should also have been had within one year. -State v. Adams, S. C. N. H., March 16, 1888; 13 Atl. Rep. 785. 180. INTOXICATING LIQUORS Indictment Place of Sale. In an indictment for selling intoxicating

liquors without a license, it is not necessary to allege the place of the sale.-State v. Cottrill, S. C. App. W. Va., Feb. 28, 1888; 6 S. E. Rep. 428.

181. INTOXICATING LIQUORS-State Law-United States License. -That one is a licensed distiller under United States laws, and the whisky sold his own manufacture, affords no immunity for a sale contrary to State law.-State v. Hazell, S. C. N. Car., May 7, 1888; 6 S. E. Rep. 404.

183. JUDGMENT-Collateral Attack - Injunction.Where an appeal from a justice of the peace has been dismissed by the county court for lack of jurisdiction, such judgment of the county court is conclusive till reversed, and cannot be attacked by an action to enjoin an execution on the justice's judgment. -Roberts v. McCamant, S. C. Tex., May 25, 1888; 8 S. W. Rep. 543.

184. JUDGMENT-Conclusiveness-Prior Grantee. When a prior grantee and purchaser under execution sale is sued by a subsequent judgment creditor of his grantor to set aside his deed as a fraud on creditors, he may show that the debt due such later judgment creditor had been satisfied before the judgment was obtained, and that such creditor had taken advantage of his debtor as to interest.-Gottlieb v. Thatcher, U. S. C. C. (Colo.), March 21, 1888; 34 Fed. Rep. 435.

185. JUDGMENT

Confession-Insolvency-AttorneyFraud. Circumstances stated under which it was held that a confession of judgment by an insolvent was fraudulent as to his other creditors, so far as it included attorneys' fees.-Hulse v. Mershon, S. C. Ill., May 9, 1888; 17 N. E. Rep. 50.

186. JUDGMENT-Insanity.- A judgment against an insane person is valid on collateral attack.-Brittain v. Mull, S. C. N. Car., April 30, 1888; 6 S. E. Rep. 382.

187. JUDGMENT-Res Adjudicata-Dismissing Appeal. -One who has acquiesced in a judgment of the supreme court, dismissing for want of jurisdiction an ap peal in a case wherein he was a party, and virtually deciding that the matter is within the exclusive jurisdiction of the court of appeals, cannot question the exercise of jurisdiction by the latter court.-State v. McGuire, S. C. La., March 5, 1888; 4 South. Rep. 222.

188. JUDGMENT-Res Adjudicata -Parties.———Where land subject to a mechanic's lien is conveyed in trust to secure a debt, and the lien is enforced by suit againt the grantor only, the trustee (successor of the original trustee) not being a party to the action, the judgment in that action does not bind the trustee.-Bannon v. Thayer, S. C. Ill., May 9, 1888; 17 N. E. Rep. 54.

189. JUDGMENT-Warrant of Attorney - Surplusage. -Where a married woman gives her note to her husband J H, and with it a warrant of attorney to J H "& Bro.," to confess judgment on the note: Held, that a confession of judgment by JH is good, and that "& Bro." may be rejected as surplusage.-Holmes v. Bemis, S. C. II., May 9, 1888; 17 N. E. Rep. 42.

190. JURISDICTION - Federal Courts -Assignment of Patents.An action between parties, residents of the same State, to enforce the assignment of letters patent and for damages, does not lie within the jurisdiction of the federal courts.- Wren v. Annin, U. S. C. C. (N. Y.), March 12, 1888; 34 Fed. Rep. 435.

191. JURISDICTION-Federal Courts-Illegal Arrest.Pending extradition proceedings a fugitive from justice was forcibly carried into the State from which he had fled, and there arrested on legal warrant: Held, that the federal courts had no jurisdiction on petition by habeas corpus for his release.-Mahon v. Justice, U. S. S. C., May 14, 1888; 8 S. C. Rep. 1204.

gardless of the amount involved, have not been repealed.-Miller- Magee, Co. v. Carpenter, U. S. C. C. (Ohio), Feb. 29, 1888; 34 Fed. Rep. 433.

193. JURISDICTION-Service by Publication- Amendment. After attachment made and service on the defendant by publication the plaintiff amended his petition by setting up an entirely new cause of action. Defendant did not appear: Held, that the judgment was void and subject to collateral attack.-Stuart v. Anderson, S. C. Tex., May 1, 1888; 8 S. W. Rep. 295.

194. JUSTICE OF THE PEACE-Jurisdictional Amount. When the amount sued for on a bond does not exceed $100, a trial justice has jurisdiction, under South Carolina law, though the penalty of the bond exceeds that amount.-Cavender v. Ward, S. C. S. Car., April 11, 1888; 6 S. E. Rep. 302.

195. JUSTICE OF THE PEACE-Levy-Place of Sale.When an officer seizes property under process issued by a justice of the peace in one township, and advertises and sells it in another, the sale is invalid as against the owner.-Paulsen v. Hull, S. C. Kan., May 4, 1888; 18 Pac. Rep. 225.

196. JUSTICE OF THE PEACE-Revival of Judgment. A justice of the peace may revive a dormant judgment rendered by him by an action brought for that purpose, or by motion and notice.-Schultz v. Hine, S. C. Kan., May 4, 1888; 18 Pac. Rep. 221.

197. JUSTICE OF THE PEACE-Verified Answer- Waiver. In a suit by A against B before a justice of the peace for labor performed, B answered that they are partners, and set out the entire business. A trial was had and judgment rendered; the answer was not verifiled and that was no reply: Held, that by going to trial without objection the want of a verification was waived. The judgment was affirmed.-Ciesielski v. Nowacki, S. C. Kan., May 4, 1888; 18 Pac. Rep. 232.

Where

198. LIENS-Crops- Specification of Land.the written agreement for a lien on crops specified particularly the land to which the lien should attach, and also speciffed a lien on crops raised by the debtor on any other land in the county, the creditor cannot enforce his lien on crops sold to others, which were not raised on the particular land specified.-Gwatheney v. Etheridge, S. C. N. Car., May 14, 1888; 6 S. E. Rep. 411.

199. LIMITATIONS-Absence of Defendant. A defendant who is a non-resident of the State at the time the specification of the cause of action accrues, though he may return thereafter temporarily into the State on business, is not within Rev. St. Mo. 1879, art. 2 § 3236.Orr v. Wilmarth, S. C. Mo., May 21, 1888; 8 S. W. Rep. 258. 200. LIMITATIONS-Adverse Possession-Parol Gift.When one takes possession of property under a parol gift, which gives a right to a deed thereto immediately, the statute of limitations commence to run at once, and this defense in ejectinent is not waived by setting up in the answer an equitable claim of title.-International Bank v. Fife, S. C. Mo., May 21, 1888; 8 S. W. Rep. 241.

201. LIMITATION OF ACTION-Adverse Possession.Where a man gave by parol to his niece a house and lot but continued to pay taxes on it, and his sister occupied part of the house: Held, that the niece did not acquire a title by adverse possession.-Duff v. Leany, S. J. C. Mass., April 6, 1888; 16 N. E. Rep. 417.

202. LIMITATIONS OF ACTIONS-Death of Parties.The time between the death of a party and the appointment of his administrator is excepted from the statute of limitations in the case of the debtor, but is included the case of the creditor.-Baird v. Reynolds, S. C. N. Car., April 30, 1888; 6 S. E. Rep. 377.

203. MALICIOUS PROSECUTION-Advice of Counsel. Advice of counsel is no defense to an action for a tort committed on property, unless the advice was taken and followed in good faith; and not then, except as to exemplary damages.-Chambers v. Upton, U. S. C. C. (Mich.), March 14, 1888; 34 Fed. Rep. 473.

204. MARINE INSURANCE-Perils of the Sea- Explosion. When a vessel becomes unmanageable by reason

of the explosion of the boiler and within a few moments thereafter sinks, such loss is not within the meaning of perils of the sea, under California law.-Miller v. California I. Co., S. C. Cal., May 15, 1888; 18 Pac. Rep. 155. 205. MARITIME LIENS Supplies Home Port.- A month after the hull of a boat was built and her engines put in, the libelant supplies her with stores and an outfit, at the request of one of her owners, who resided there: Held, that he was not entitled to a maritime lien. -The Glenmont, U. S. C. C. (Minn.), March 13, 1888; 34 Fed. Rep. 402.

206. MARITIME LIENS-Supplies-Home Port.-There is no implied maritime lien against a vessel for supplies furnished to her at her home port, which is the residence of her owner, though she has a foreign register. The lien exists when the goods are sent from the home port to the vessel elsewhere. Taking a draft for supplies furnished a vessel in a foreign port is not a surrender of the right to a lien, which passes to the indorsee of the draft.-The Chelmsford, U. S. D. C. (Penn.), Feb. 27, 1888; 34 Fed. Rep. 399.

207. MASTER AND SERVANT-Damages for Death. Circumstances stated under which it was held to be a question for the jury whether a coal company which had employed a boy who was killed while in its service was guilty of negligence in providing for his safety.Pennsylvania, etc. Co. v. Nee, S. C. Penn., April 30, 1888; 13 Atl. Rep. 841.

208. MASTER AND SERVANT-Incompetence.-A railroad company is responsible for personal injuries and other damages sustained by reason of the incompetence of its conductors.-Evansville, etc. Co. v. Guyton, S. C. Ind., May 10, 1888; 17 N. E. Rep. 101.

209. MASTER AND SERVANT-Negligence.- -Circumstances stated under which it was held that a railroad company was responsible in damages to an employee for personal injuries caused by the company's permit. ting a train to run upon its track with no one in charge of it.-Chicago, etc. Co. v. Krueger, S. C. Ill., May 9, 1888; 17 N. E. Rep. 52.

210. MECHANIC'S LIEN-Contractor's Bond-Notice.Though the owner of a building has procured and filed the bond of his contractor and posted the notice according to law, a subcontractor is entitled to a lien, if such notice was not posted about the premises during any part of the time, when he performed labor and furnished materials for the building.-Krans v. Murphy, S. C. Minn., May 15, 1888; 38 N. W. Rep. 112.

211. MECHANIC'S LIEN-Suit-Parties.- -In an action for the foreclosure of a mechanic's lien, all lien-holders and incumbrancers may be made parties, and all the issues in the case may generally be tried in one trial and before one jury.-Sharon T. Co. v. Morris, S. C. Kan., May 4, 1888; 18 Pac. Rep. 230.

212. MINES-Tunnel Claims-Lodes.

-In an action to recover a mining claim, based on the right to a tunnel claim, a statement in the complaint that all the lodes in the tunnel claim have been worked and mined by the plaintiff and his grantors, sufficiently describes the lodes. All mineral locations are to be governed by the local rules and customs in force at the time of location, when made prior to the passage of any mineral law by congress.-Glazier, M. S. M. Co. v. Willis, U. S. S. C., May 14, 1888; 8 S. C. Rep. 1214.

113. MORTGAGE-EQUITY-JURY TRIAL.--Where in an action on a note and mortgages the defendant's wife filed a counterclaim setting up her title to the land as a gift from her father, the issue is equitable and a jury trial is improper.-Johnson v. Johnson, S. C. Ind., May 11, 1888; 17 N. E. Rep. 111.

214. MORTGAGE-Foreclosure-Reservation of Lien.When the petition for foreclosure recites the notes secured, and states that some of them are not due, and demands judgment for the amount due and foreclosure of said mortgage for amount of said judgment and for sale of said real estate on special execution, and the original notice follows the prayer of the petition, the court may preserve the mortgage lien as to the unpaid

notes in the decree of foreclosure and drop the case from the docket.—Burroughs v. Ellis, S. C. Iowa, May 16, 1888; 38 N. W. Rep. 141.

Circumstances

215. MORTGAGE - Lien- – Priority. under which the lien of a material-man was held to be superior (although not recorded) to the lien of a judg ment creditor of the subsequent vendee.-Bradley v. Bryan, N. J. Ct. Chan., October Term, 1887; 13 Atl. Rep. 806.

216. MUNICIPAL CORPORATIONS-Defective Sidewalks. -For a plaintiff to recover for injuries caused by a defective sidewalk, it is not necessary that he should prove actual notice to the city of the defect; it is suffi cient to show the defect had existed for so long a time that the city officers might, by reasonable diligence, have discovered it.-City of Sterling v. Merrill, S. C. Ill., May 9, 1888; 17 N. E. Rep. 6.

217. MUNICIPAL CORPORATIONS-Livery Stable Keepers -License Tax. A city ordinance imposing a tax of a certain amount on all livery stable keepers is not void for lack of uniformity, nor because it is not propor tioned to the value of the property and the extent of the licenses.-State v. Powell, S. C. N. Car., May 18, 1888; 5 S. E. Rep. 624.

218. MUNICIPAL CORPORATIONS-Police Power-Dele. gation. The city may authorize a party to erect towers to carry wires and cables for electric purposes, and may delegate to him its police power to remove obstructions. It is known when and where the policy power of a state begins, but not where it ends. Under it a man's property may be taken from him, his liberty may be shackled, and his person and life imperiled, in cases of great public exigencies.-New Orleans G. L. Co. v. Hart, S. C. La., May 7, 1888; 4 South Rep. 215.

219. MUNICIPAL CORPORATIONS-Streets-Repairs.A municipal corporation of the first class must keep its streets in repair without an express statutory provision, which includes bridges thereon, though the county originally contributed to their purchase. Shawnee County v. Topeka City, S. C. Kan., April 7, 1888; 18 Pac. Rep. 161.

220. MUNICIPAL CORPORATIONS Street AssessmentsEvidence. In an action to foreclose a street assessment it appears that a certain street had been graded about 20 years before, and that the difference between the official grade and the existing grade no where exceeded one and three-fourth feet: Held, that this was not sufficient to overcome the presumption, under California law, that official duty has been regularly performed.-Fanning v. Bohme, 8 S. C. Cal., May 15, 1888; 18 Pac. Rep. 158.

221. MUNICIPAL CORPORATIONS -Street Improvements -Assessments.-Under California law, an assessment by a street superintendent, which was partly for work done and partly for work on a sidewalk which had never been performed, is not void for want of jurisdiction.-Blair v. Luning, S. C. Cal., May 14, 1888; 18 Pac. Rep.

153.

222. MUNICIPAL CORPORATIONS · Street Sprinkling Assessment Street sprinkling is a local improve. ment, for which under the constitution an assessment may be levied on property fronting on the street in proportion to its lenial feet frontage.-State v. Reis, S. C. Minn., May 1, 1888; 38 N. W. Rep. 97.

A

223. NEGLIGENCE- Contributory Negligence. passenger who jumps from a moving train to avoid being carried past his point of designation is guilty of contributory negligence.—Reibel v. Cincinnati, etc. Co., S. C. Ind., May 11, 1888; 17 N. E. Rep. 107.

224. NEGLIGENCE-Dangerous Premises-Instructions. -Where in an action for injuries resulting from the overturning of plaintiff's wagon from a bridge, caused by a ditch wrongfully dug by defendant in the highway, the complaint and answer allege, that plaintiff was thrown from the wagon, an instruction, that if plaintiff without negligence drove off the bridge and was thereby thrown from the wagon and injured, is correct, although plaintiff testified that he leaped from the wagon

as it overturned.-Lewis v. Riverside W. Co., S. C. Cal., May 22, 1888; 18 Pac. Rep. 314.

225. OFFICE-Contest-Fees. Where plaintiff was ousted by legal proceedings from an office by A, who resigned pending an appeal, and B was appointed in his place, upon whom plaintiff made no demand, till the final decision, when the office was promptly surren. dered him, plaintiff cannot recover from B the fees received by him during his incumbency.- Nichols v. Branham, S. C. App. Va., May 17, 1888; 6 S. E. Rep. 463. 226. OFFICER-Compensation — Default. When a trustee has appropriated funds unlawfully neither he nor his sureties can demand compensation for his serv ices. Hethets Co., v. Harrison etc., Co., S. C. Ind., May 12, 1888; 17 N. E. Rep. 113.

227. OFFICES- Trying Title - Quo Warranto.- Quo warranto, but not injunction, is the proper remedy to determine the title to an office.-Neeland v. State, S. C. Kan., April 7, 1888; 18 Pac. Rep. 165.

228. PARENT AND CHILD. Loose declarations by a parent expressive by gratitude of care taken during illness of the parent by the child and of a hope that he or she would be compensated therefor, do not constitute a contract to pay for such services. Derick v. Arnold, S. C. Penn., April 30, 1888; 13 Atl. Rep. 831.

Circum

229. PARTIES Misnomer Evidence. stance stated under which it was held that where process was served upon the agent of a railroad corporation, that corporation was the true defendant, although in the process it was misdescribed by the title of defunct preceeding railroad company. Pennsylvania Co., v. Sloan, S. C. Ill., May 9, 1888; 17 N. E. Rep. 37. 230. PARTNERSHIP-Duties of Survivor. The surviving partner in a cotton plantation, when not otherwise authorized by the articles of partnership or by the will of the deceased partner, can only continue the partnership together and sell the growing crop.-Clay v. Field, U. S. D. C. (Miss.), March 22, 1888; 34 Fed. Rep. 375. 231. PARTNERSHIP- Patent-right License. Circumstances stated under which a license to make barbed wire under a patent, which had been issued to one of several partners was held to have been put into the partnership by him and to have become partnership property. Scutt v. Robertson, S. C. Ill., May 9, 1888; 17 N. Rep. 14.

Surviving Partner

A

233. PARTNERSHIP Suit. surviving partner can sue on a note due the firm without joining the personal representatives of the deceased partner. Dial v. Agneu, S. C. S. Car., April 7, 1888; 6 S. E. Rep. 295.

234. PATENTS-Attack-Mexican Grant. A patent from the United States may be attacked in ejectment by showing that the land is a portion of a prior Mexican grant, which was confirmed by the United States land commissioners and on appeal by the district and supreme courts.- Doolan v. Carr, U. S. S. C. Nov. 21, 1887; 8 S. C. Rep. 1228.

235. PATENTS FOR INVENTIONS - Honey Frames. Patent 243,674 to James Forncrook for sectional honey frames is void, so far as the manufacture by bending and uniting the ends of a blank consisting of a single piece is concerned. The adaption of a honey frame for the use of comb foundations by putting pieces of wax on it is no infringement of this patent. Forncrook v. Root, U. S. S. C. April 23, 1888; 8 S. C. Rep. 1247. 236. PATENTS FOR INVENTIONS Injunctions - Prior Adjudications. When a patent has been adjudged valid in other suits to the extent of covering a certain process, when the springs are kept below red heat, in an application for a preliminary injunction for infringement the patent will be presumed to be valid to that

Ad

239. PEDDLERS-License Tax - Manufacture. mixture by boiling together certain drugs to form a nostrum is not a process of manufacture, under North Carolina law exempting from peddler's tax those selling goods of their own manufacture.- State v. Morrell, S. C. N. Car., May 7, 1888; 6 S. E. Rep, 418. 240. PLEADING — Amendment Judgment on Appeal. —A enjoined B from selling land under execution, having a prior recorded mortgage thereon and a subsequent deed thereof in satisfaction of the mortgage. On appeal it was held that A had lost his rights by the subsequent deed: Held, thereafter A would not be allowed to amend his complaint to assail the validity of the judgment. - Bleekley v. Brangan, S. C S. Car., April 7, 1888; 6 S. E. Rep. 291.

241. PLEADINGS-Averments-Receiver. A petition for the appointment of a receiver under Gen. Laws 1881, ch. 148 § 2, which states that by means of a conveyance particularly described an alleged insolvent gave one creditor a preference, and such conveyance was made for that purpose, is sufficient, the petition being adequate in other respects. In re Green's Estate, S. C. Minn., May 21, 1888; 38 N. W. Rep. 111.

A

242. PLEADING - Counterclaim - Third Party. · counterclaim, in an answer after a general denial, against the plaintiff's husband, who is not a party to the suit, should be striken out.- Parker v. Cochran, S. C. Colo., May 11, 1888; 18 Pac. Rep. 209.

243. PLEADINGS-Insurance — Proof. In an action on a life insurance policy, where plaintiff alleges that the insured complied with all the conditions of the policy with which he did not comply, the evidence should be confined to the latter.-Roach v. Kentucky M. S. F. Co. S. C. S. Car., April 6, 1888; 6. S. E. Rep. 286. 244. PLEADING Mines Description. - The provisions of State statutes, as to the description of mines by metes and bounds had been held to be only directory, and a description by name, when the property is well known, is often sufficient.-Glacier M. S. M. Co. v. Willis, U. S. S. C., May 14, 1888; 8 S. C. Rep. 1214.

6 S. E. Rep. 390. 246. PLEADINGS-Recovery of Land-Contract for Purchase. In an action to recover possession of land, defendant answered that plaintiff, representing himself to be the sole heir of the owner, then deceased, had contracted to sell it to A, who went into possession, that under the same representations to him by plaintiff he purchased A's interest, that in fact plaintiff owned only an individual third: Held, that the court erred in sus. taining exceptions to the answer.-Bryan v. Hennick, S. C. Tex., April 20, 1888; 8 S. W. Rep. 282.

247. PLEADING-Sustaining Judgment - Construction. On a question whether the pleadings sustain the judg ment rendered, the pleadings must be given the most favorable construction possible to sustain the judgment.-Kansas City, etc. R. R. v. Farnsworth, S. C. Kan., May 4, 1888; 18 Pac. Rep. 202.

In

When

250. POWERS-Attorney - Requisites - Deeds.North Carolina, a power of attorney to convey land must be under seal. A deed by an attorney must purport to be a conveyance by the principal, executed by his attorney, and must in express terms convey his estate.— Coddell v. Allen, S. C. N. Car., May 7, 1888; 6 S. E. Rep. 399. 251. PRACTICE-Attachment-Debt not Due. suit is brought and attachment issued on a note not yet due, under South Carolina law, the subsequent abatement of the attachment does not affect the suit.-Light v. Isear, S. C. S. Car., April 6, 1888; 6 S. E. Rep. 284. 152. PRACTICE Bill of Exceptions.- The date of presentation of a bill of exceptions to the judge for his signature must be stated in the bill; it is not sufficient that it be indorsed thereon.-Buchart v. Burger, S. C. Ind., May 17, 1888; 17 N. E. Rep. 125.

253. PRACTICE - Filing Pleading - Waiver.—When defendant's objection, that the petition was not filed in the time fixed by the notice, as required by Code Iowa, § 2600, is overruled, and he answers over, he waives the objection.-Paddleford v. Cook, S. C. Iowa, May 16, 1888; 38 N. W. Rep. 137.

254. PRACTICE - Misconduct of Jury.- Where the affidavits of jurors show, that one of their number stated that to his own knowledge the land in controversy was very poor, and that his statement influenced their verdict, for which purpose it was made, the ver dict should be set aside.-Grifin v. Harriman, S. C. Iowa, May 16, 1888; 38 N. W. Rep. 139.

255. PRACTICE-New Trial-Verdict.- -Though facts presented on the trial would have induced the court to sustain defendant's demurrer setting up that the con. tract was unconstitutional, yet, when the jury have found a fact against the defendant, upon which the supreme court may hold him liable, and all the facts are preserved in the bill of exceptions, the motion for a new trial will be overruled -Cahn v. Kensler, U. S. C. C. (Mo.), March 16, 1888; 34 Fed. Rep. 472.

An

257. PRACTICE-Trial - Argument of Counsel.attorney in his argument to the jury should confine himself to the issues and evidence in the case, and it is duty of the court to see that he does so, and statements made outside of the case may be sufficient to set the verdict aside.—Missouri P. R. R. v. Metzger, S. C. Neb., April 26, 1888; 38 N. W. Rep. 27.

258. PRACTICE-Trial-Experts.In an action by a city to recover from a property holder the amount which his property has been benefitted by the widening of a street, a charge for plaintiff that, in determining the amount, the testimony of experts, if deemed unreasonable, may be disregarded, is not error.-City of St. Louis v. Ranken, S. C. Mo., May 21, 1888; 8 S. W. Rep. 249.

259. PRACTICE-Trial-Special Findings. When the jury, instead of answering certain interrogatories yes or no, give answers from which it is impossible to determine whether they accord or conflict with the general verdict, a new trial should be granted.-Fisk v. Chicago, etc. R. R., S. C. Iowa, May 14, 1888; 38 N. W. Rep. 132.

261. PRINCIPAL AND SURETY — Liability — Terms. Where upon an appeal in a forcible entry and detainer case from a justice, a new bond upon pain of dismissal is ordered to be given at once, and the bond so given is prospective in its terms, the sureties are not liable for use and occupation prior to the time when the bond was given. They can stand on the exact letter of their con. tract.-Henne v. Buck, S. C. Kan., May 6, 1888; 18 Pac. Rep. 228.

262. PUBLIC LANDS-Railroad Grants-Vesting Title. -Under an act of Congress granting land to a State to aid in the construction of a railroad, providing that if any such land is entered the agent of the governor might select other land in lieu thereof, subject to the approval of the secretary of the interior, the title to such other land does not pass till selection and approval.-Musser v. MRal, S. C. Minn., May 14, 1888; 38 N. W. Rep. 103.

263. QUIETING TITLE- Public Lands - Title. One who has proved up under the preemption laws and obtained the receiver's receipt has not such title as will support an action to quiet title against one claiming under a similar right-Vantongeren v. Hefferman, S. C. Dak., May 8, 1888; 3 N. W. Rep. 52.

264. QUO WARRANTO-Practice.Upon an application for leave to file an information in the nature of a quo warranto, a rule nise may be entered and counter-affidavits may thereupon be filed.-People v. Mac Fall, S. C. Ill., May 9, 1888; 17 N. E. Rep. 63.

265. RAILROADS-Consolidation Forfeiture.- -The consolidation of two railroads or the leasing of one to another is authorized in Nebraska only when they together will form a continuous line without break or interruption. When a railroad without authority of law leases its road to another with all its rights, property and franchises for a long period of time, it is subject to forfeiture.-State v. Atchison & W. R. R., S. C. Neb., April 25, 1888; 38 N. W. Rep. 43.

266. RAILROAD CROSSING-Fences-Gate.-A railroad company who has put gates on its fences for the conveniences of the proprietor of the land at a private crossing is not bound to keep such gates in repair.Evansville, etc. Co. v. Mosier, S. C. Ind., May 11, 1888; 17 N. E. Rep. 109.

267. REGISTER OF DEEDS - Examination of Records. -Who has an interest in the information contained in the public records of a county office may examine them and make copies, abstracts or memoranda thereof. -Boylan v. Nonen, S. C. Kan., May 4, 1888; 18 Pac. Rep. 174. 268. REMOVAL OF CAUSES-Record-Jurisdiction.When a suit for possession of land and for rents alleged to be of the value af $2,500 is brought in a State court, and is tried in a federal court, and there is nothing in the record to show the jurisdiction of the latter court, except a short stipulation by the parties that more than $5,000 is involved, a judgment for the defendant will be set aside for want of jurisdiction.-Hegler v. Faulkner, U. S. S. C., May 16, 1888; 8 S. C. Rep. 1203.

-In a

260. REPLEVIN -Seizure by Officers-Proof. suit in replevin against an officer, who has seized property under judicial process, the officer must show his official character and the proceedings and process under which he acted to sustain a judgment in his favor.Arn v. Parker, S. C. Kan., May 4, 1888; 18 Pac. Rep. 201.

271. REPLEVIN-Surety-Statute. Where one was replevin bail for a debtor and execution was issued against him and his principal and levied upon his prop.