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states (Vol. 5, Supplement to Elliott Debates, p. 134; Madison Papers, Vol. 2, p. 749), but on Wednesday, June 20, the first resolution of the report of the Committee of the Whole being before the House, "Mr. Ellsworth, seconded by Mr. Gorham, moves to alter it so as to run 'that the government of the United States ought to consist of a supreme legislative, executive and judiciary.' This alteration, said. would drop the word 'national,' and retain the proper title, 'the United States.' The motion of Mr. Ellsworth was acquiesced in, nem con." Madison Papers, Vol. 2, pp. 908-9; Vol. 5, Supplement to Elliott Debates, p. 214. "The second resolution, 'that the national legislature ought to consist of two branches,' being taken up, the word 'national' struck out, as of course." Supp. to Ell. Deb., p. 214.

It thus appears, from the authorities cited above, that although the convention sitting as a committee of the whole, by the votes of six states, a minority, on the fifth day of the meeting did label the proposed government a "national" government, the same convention three weeks later, when it had filled up, and when the resolution was again before the house, upon Mr. Ellsworth's objection to the word "national," unanimously tore off the objectionable label, struck from the resolution the words 'a national government ought to be established,' and substituted therefor other and different language."

"I have only to remark." says Mr. Webster (Works, Vol. 2, p. 334), "that neither a preamble, nor any other declaration of a legislative body can create fact. or alter a I remember to have heard Chief Justice Marshall ask counsel, who was insisting upon the authority of an act of legislation. if he thought an act of legislation could create or destroy a fact, or change the truth of history, Would it alter the fact, said he, if a legislature should solemnly enact. that Mr. Hume never wrote the History of England? A legislature may alter the law, but no power can reverse a fact."

Granting to the Supreme Court of the United States all the judicial power so ably claimed for it by the learned justice, in Kansas, v. Colorado, supra, it is still short of power to alter or reverse the fact that the Convention of 1787 positively and unanimously refused. upon second consideration, to call the government of the United States a "national" government. GEORGE AINSLIE.

Richmond, Va.

HUMOR OF THE LAW.

Dr. Austin Flint, the alienist, said at the Century Club in New York, apropos of a will contest that had been tried last year:

"The plaintiff lost, and no wonder. His case was as difficult a one as that of the young man who appeared unduly depressed after the death of his rich aunt.

"Why are you so sad?' an acquaintance said to the young man. 'You never appeared to care much for your aunt.'

"I didn't,' said the youth, dolefully; but I was the means of keeping her in an insane asylum the last five years of her life, and now that she has left me all her money I've got to go to court and prove that she was of sound mind.'"

fore the approval of the record.-Cox v. Mignery, Mo., 105 S. W. Rep. 675.

or

5. Appeal and Error-Delay in Rendering Judgment.-Delay of the court on appeal in rendering judgment does not operate prejudicially to a party, who will be allowed to enter judgment retrospectively.-Mutual Life Ins. Co. of New York v. Prewitt, Ky., 105 S. W. Rep. 463. 6.Law of the Case.-A determination the court of appeal that defendant was entitled to a counsel fee as an item of costs on plaintiff's dismissal of a slander action held the law of the case.-Gaffey v. Mann, Cal. 91 Pac. Rep. 172. 7.- Mistake in Calculation in Verdict.Where a verdict is manifestly the result of a plain mistake in calculation against the complaining party, it can be corrected by a reviewing court by a new trial or direction.-Gilmore v. Taylor, Ga., 59 S. E. Rep 325.

8.- -Moot Question.-It appearing in a quo warranto proceeding involving the right to the office of judge of election that since the writ of error was awarded the issue has become extinct by the term of office in question expiring the case must be dismissed.-Hamer v. Commonwealth, Va., 59 S. E. Rep. 400.

9. Objection Not Raised Below.-A person appearing and filing an answer to a rule to show cause without objection, to the mode of entitling the proceeding, cannot naise that point on appeal for the first time.-Porter v. State, Wyo., 92 Pac. Rep. 385.

10. Order Granting or Refusing New Trial. -Where a trial court passed upon a motion for a new trial, it will be presumed, in the absence of a showing to the contrary, that notice of intent to make such motion had been filed and served. Steve V. Bonners Ferry Lumber Co., Idaho, 92 Pac. Rep. 363.

11. Presumptions.-Consent to try an issue not made by the pleadings will not be presumed because evidence to prove the outside issue was received without objection, where it was competent on the issues actually made.-Diamond v. Dennison, Minn., 113 N. W. Rep. 696.

12. Reassessment for Public Improvements. -Where the trial court confirms a reassessment, it must be deemed to have found that the property assessed was benefited.-State v. District Court of Blue Earth County, Minn., 113 N. W. Rep. 697.

13. Right of Review.-A county has no interest entitling it to appeal from a judgment of a district court on appeal from the action of a board of supervisors in assessing damages due to the construction of a drainage ditch.Gish v. Castner-Williams & Askland Drainage Dist., Iowa, 113 N. W. Rep. 757.

14.

Assignment-Rights of Subsequent Assignees. A subsequent assignee of a thing in action for value and without notice of a prior assignment takes, in equity, a right superior to a prior assignment.-Coffman v. Liggett's Adm'r, Va.. 59 S. E. Rep. 392.

15. Validity Assignments for Benefit of Creditors.-Whether or not a deed of trust for the benefit of creditors is, as a matter of law, fraudulent because it contains a stipulation, irreconcilable with an honest purpose, is for the court to determine from an inspection of the deed itself.-Bowling, Spotts & Co. v. Davidson, Va., 59 S. E. Rep. 368.

16. Attorney and Client-Attorney as Surety. -The rule of court providing that no attorney or officer of the court shall be taken as bail

or security, is directory merely, and if violated does not make the obligation void or voidable. -Husband Bros. v. Georgia, S. & F. Ry. Co., Ga.. 59 S. E. Rep. 326

17. Attorney General-Listing Property for Taxation.-Ky. St. 1903, Secs. 113, 114, held not to authorize the attorney general in conjunction with the revenue agent to prosecute a suit to compel the listing of property for taxation.Commonwealth v. Southern Pac. Co., Ky., 105 S. W. Rep. 466.

18. Powers.-It is within the power of the legislature from time to time to increase, alter, or abridge the powers and duties of the attorney general.-People v. Santa Clara Lumber Co., 106 N. Y. Supp. 624.

19. Bankruptcy-Composition. — A composition in bankruptcy may be pleaded in bar of an action upon a debt discharged, and in order to be available as a defense it must be so pleaded. -Consolidated Rubber Tire Co. V. Vehicle Equipment Co., 106 N. Y. Supp. 599.

20. Discharge of Judgments.-On application, under the express provisions of Code Civ. Proc., Sec. 1268, by a judgment debtor who had been discharged in bankruptcy, for the discharge of judgments of record, the court is without power to discharge judgments as to another against whom the judgments were also rendered. In re Quackenbush, 106 N. Y. Supp. 773.

21. Foreclosure of Mortgage.-Bankrupt court cannot direct proceeding in state court to determine value of security held by creditor, by foreclosing mortgage before debt due, since the bankrupt court has power to determine that question by Bankr. Act July 1, 1898, c. 541, Sec. 57h, 30 Stat. 560 (U. S. Comp. St. 1901, p. 3443). --Jungbecker v. Huber, Tex., 105 S. W. Rep. 487.

22. Banks and Banking—Authority of Cashier. In the absence of a rule to the contrary and notice to the obligee, the cashier of a bank has authority to execute a bond to secure deposits of public funds.-Johnson County V. Chamberlain Banking House, Neb., 113 N. W. Rep. 1055.

23. Contracts Between Banks.-Contract between two banks for the payment of interest on deposits held not void as against public policy because the banks had an officer in common.-City Nat. Bank of Texarkana V. Merchants & Planters' Nat. Bank of Mt. Vernon, Tex., 105 S. W. Rep. 338.

24.-Pass Book as Evidence of Deposit.A bank pass book is evidence, but not conclusive, of an amount due a depositor.-Bank of Lawrenceville v. Rockmore & Co., Ga., 59 S. E. Rep. 291.

25. Benefit Societies-Character of Association. A foreign insurance society authorized to issue insurance to the legal representatives of an insured is not a fraternal beneficiary society under the laws of this state.-Kroge v. Modern Brotherhood of America, Mo., 105 S. W. Rep.

685.

26. Bills and Notes-Bona Fide Purchasers.A purchaser of a negotiable note may be defeated by showing his knowledge of eithe fraud or failure of consideration:-Bank of Chillicothe v. Ornsdorff, Mo., 105 S. W. Rep. 664.

27. Bribery-Elements of Offense.-The people, instead of prosecuting one for asking for or agreeing to receive a bribe, may elect to prosecute him for asking for, agreeing to receive, and actually receiving, a bribe, as one

offense. People v. Gibson, 106 N. Y. Supp. 590. 28. Brokers-Authority.-An agent having authority to sell both real and personal property for a certain sum cannot, without the consent of his principal, take over to himself the personality on receiving the authorized sum for the real estate.-Northrup v. Bathrick, Neb., 113 N. W. Rep. 808.

29. Performance of Service.-A contract between vendor and purchaser held conclusive in favor of the vendor's broker, as to performance of his services, in the absence of evidence that it had not been delivered or had been modified by parol with the broker's knowledge.-King v. Knowles, 106 N. Y. Supp. 760.

Negligence.-The

30. Carriers-Contributory failure by a passenger to use precaution against loss of balance held not contributory negligence as a matter of law where the cause of action was not based on negligent operation, but on negligence in the maintenance of a gate.-Strappers v Interurban St. Ry. Co., 106 N. Y. Supp. 854.

31. Damages for Delay in Shipment.-A shipper suing a carrier for delay in the transportation and delivery of a shipment cannot recover the expenses incurred by him on a trip to the point of destination to look after the shipment.-Southern Ry. Co. v. Coleman, Ala., 44 So. Rep. 837.

32. Delay in Live Stock Shipment.-In an action against a carrier for delay in transporting live stock, proof that the carrier's agent induced plaintiff to deliver the stock in expectation of shipment in a very short time was improper, where no such issue was made by the pleadings.-St. Louis & S. F. R. Co. v. Vaughan, Ark., 105 S. W. Rep. 573.

33. Injury to Passenger.-It is the duty of a common carrier to protect a passenger from the unprovoked assault of a fellow passenger if there is reason to believe that it is threatened and can be prevented.-Pittsburg, C., C. & St. L. Ry. Co. v. Richardson, Ind., 82 N. E. Rep. 536.

34. -Notice of Loss of Goods.-In an action for the loss of goods through a carrier's negligence, it was unnecessary for plaintiff to comply with the condition that if a claim for damages be not presented within 30 days after delivery there shall be no liability therefor.-Richardson v. New York Cent. & H. R. R. Co., 106 N. Y. Sunp. 702.

35.-Torts of Servants.-Carriers contract to safely carry their passengers and to compensate them for the torts of the carrier's servants acting within the scope of their employment.— Blomsness v. Puget Sound Electric Ry., Wash., 92 Pac. Rep. 414.

36. Champerty and

Maintenance-Illegality of Contract.-One who assumed a client's part of a champertous contract, to be bound as the client was, with the attorney's consent, and became his client, may assert the illegality of the contract as a defense to the attorney's bill founded on it.-Roller v. Murray, Va., 59 S. E. Rep. 421.

37. Commerce Foreign Corporations. A contract by a foreign corporation to furnish instruction to a citizen of Wisconsin through the usual means of transportation held not an interstate transaction.-International Text-Book Co. v. Peterson, Wis., 113 N. W. Rep. 730.

38. Compositions With Creditors-Mistake.In an action on a note, the burden held upon plaintiff to show that a composition agreement

signed by it by mistake failed to specify that the sureties of the note should not be released. -J. M. Robinson, Norton & Co. v. Meyers, Ky., 105 S. W. Rep. 428.

39. Constitutional Law-Constructions as to Constitutional Provisions.-That a certain interpretation of the constitution limiting the power of the legislature in relation to eminent domain might lead to an indefinite number of claims for damages to property not taken held not a ground for giving it a different construction.Tidewater Ry. Co. v. Shartzer, Va., 59 S. E. Rep. 407.

40. Equal Protection of Laws.-Act Ind. March 4, 1893 (Laws 1893. p. 294, c. 130, sec. 1), held not subject, as to the operation of railroads. to the constitutional objection that it imposes on corporation employers burdens not imposed on individuals.-Louisville & N. R. Co. v. Melton, Ky., 105 S. W. Rep. 366.

41. Statute Closing Theaters on Sunday.Ballinger's Ann. Codes & St., Sec. 7250 (Pierce's Code, Sec. 1886), which provides for closing theaters on Sunday, is not in conflict with Const. Wash. art. 1, sec. 12, nor with Const. U. S. Amend.-State v. Herald, Wash., 92 Pac. Rep.

376.

42. Contempt-What Constitutes.-Where the alleged contempt was not committed in the presence of the court and there was an ample remedy for any wrong committed, proceedings for contempt would not lie.-Junius Hart Piano House v. Ingman, La., 44 So. Rep. 850.

43.

Contracts-Acts Constituting Breach.Where plaintiff gave defendant an option on land, but was unable to convey within the specified time because of a lien against the property, defendant does not therefore have additional time in which to exercise the option.-Smith v. Howard, Ky.. 105 S. W. Rep. 411.

44. Breach of Warranty.-In an action for breach of a warranty that an asphalt floor would continue waterproof for five years evidence that defendant offered to repair the floor and make it waterproof is properly excluded.-Gollais v. Trinidad Asphalt Mfg. Co., Mo., 105 S. W. Rep. 693.

45. Tender of Performance.-Where tender of performance is a condition precedent to a right of action for breach of contract, and there is proof that plaintiff was notified by the adverse party that performance would not be accepted, no formal tender is required.-Puls v. Casey, Ok., 92 Pac. Rep. 388.

46.

Corporations-Authority of President to Sell Company. The president of a corporation, in the absence of authority from its directors and stockholders, has no power to contract to sell the entire corpus and business of the corporation.-Ft. Smith Wagon Co. v. Baker, Ark., 105 S. W. Rep. 591.

47.- -Excessive Salaries. Conclusions that officers' salaries are excessive ought not to permit of a receiver for a corporation, where there is nothing to show that plaintiff's rights may not be fully secured without such arbitrary interference with the exercise of the corporate franchise.-Hastings v. Tousey, 106 N. Y. Supp.

639.

48. -Merger.-Where two corporations having common directors agree as to a merger, and it cannot be properly ratified against the objection of a dissenting stockholder, the merger will be enjoined.-Colby v. Equitable Trust Co. of New York, 106 N. Y. Supp. 801.

49. Rights of Pledgor of Corporate Stock. -Where corporate stock was stolen from a pledgee, the pledgor not having assigned the certificate nor passed title thereto, might assert his title in whomsoever hands he found it subject to the discharge of a lien of the pledgee.Treadwell v. Clark, N. Y., 82 N. E. Rep. 505.

50. Stockholders' Liability.-In an action to recover from defendant as a stockholder his proportion of a corporate debt, a change of the corporation's obligee held not to operate to revive the liability of defendant on the original debt, which at the time of the change was barred by Code Civ. Proc., sec. 359.-O'Neill v. Quarnstrom, Cal., 92 Pac. Rep. 391.

51. Ultra Vires Acts.-Where a corporation without authority of its charter guarantees the payment of other persons' notes without any consideration, it is not estopped to plead the defense of ultra vires.-Deaton Grocery Co. v. International Harvester Co. of America, Tex., 105 S. W. Rep. 556.

52. Costs-Power to Require Security For.The power of the circuit court of the United States to require security for costs is an incident to its power to render judgment for costs, and is independent of its jurisdiction over the subject-matter of the action.-Carrau v. United States Fidelity & Guaranty Co., Wash., 92 Pac. Rep. 424.

53.- -Trustees of Dissolved Corporation.— Where trustees of a dissolved corporation resisted liability through protracted litigation on the court properly charged defendants with costs and granted plaintiffs an extra allowance. -General Ry. Signal Co. v. Cade, 106 N. Y. Supp. 729.

54.

Counties-Change of Boundary Lines.— The legislature may provide for the taking effect of a change of boundary line between two counties on the affirmative vote of any arbitrarily selected body of persons.-Wheeler v. Herbert, Cal., 92 Pac. Rep. 353.

55. Covenants-Breach.-In order to constitute a breach of a covenant of warranty, the covenantee must have been prevented from tak. ing possession, or there must have been an eviction.-Lennig v. Harrisburg Land & Improvement Co., Va., 59 S. E. Rep. 400.

56. Criminal Evidence-Competency of Witness. A nonexpert cannot give an opinion as to the sanity or insanity of accused, unless he gives facts of his knowledge of and acquaintanceship with accused.-Atkins v. State, Tenn., 105 S. W. Rep. 353.

57. Criminal Law-Acomplices.-A person who steals property and one who afterwards receives it from him knowing it to have been stolen, are guilty of separate offenses, and without more neither is an accomplice of the other. -State v. Scott, Iowa, 113 N. W. Rep. 750.

58. Conviction of Two Offenses.-Where an information charges both burglary and larceny, and the statute affixes different punishments for each, the punishment upon a plea of guilty should be assessed separately for each offense. -State v. Kelley, Mo., 105 S. W. Rep. 606.

59. Instructions.-The refusal to charge in a criminal case that the jury should pay no attention to the argument of counsel about the enforcement of the law is not erroneous in the absence of anything indicating that there was any argument of such character.-Adams V. State, Tex., 105 S. W. Rep. 497.

technicalities in which they were unsuccessful, 60. Res Judicata.-Where defendant and another pursued deceased, attacked and killed him, with a sharp instrument, everything done by either was competent as res gestae against either or both, though there was no conspiracy. -McCoy v. State, Miss., 44 So. Rep. 814.

61. Criminal Trial-Declarations of Co-Conspirators. Where persons conspire to commit an unlawful act, declarations of any of them during the pendency thereof in furtherance of the common design are original evidence against the others.-Sanderson v. State, Ind., 82 N. E. Rep. 525.

62. Defects in Proceedings Not Attributable to Appellant.-Defendant being deprived, under the statute requiring a bill relating to a motion for a change of venue to be filed in term time, without fault on his part, of his bill of exceptions to the refusal of a change of venue, a judgment of conviction must be reversed.Miller v. State, Tex., 105 S. W. Rep. 502.

63. Evidence of Other Crimes. In a trial for murder while engaged in an attempt to rob, it is competent to prove that the proceeds of several robberies immediately before the act investigated were divided, and the defendant received his share thereof.-Clark v. State, Neb., 113 N. W. Rep. 804.

64. Curtesy-Seisin of Wife.-A married woman, entitled to the remainder in land under a deed creating a life estate therein, who died before the termination of the life estate, never had actual seisin of the land, and her husband was not entitled to curtesy in it.-Hunt v. Phillips, Ky., 105 S. W. Rep. 445.

65. Damages-Breach of Contract.-Where one failed to thresh rice in shock, as he had contracted to do, the owner's damages would be measured by reference to the market value of the rice as threshed at the place or at the nearest place where it had a market.-Kerr v. Blair, Tex., 105 S. W. Rep. 548

66. Impairment of Earning Capacity.-In for computing compensation impairment of earning capacity, where the capacity depends upon physical strength, the fact that earning capacity diminishes with advanced age should be taken into account.-Lewis v. Northern Pac. Ry. Co., Mont., 92 Pac. Rep. 469.

67. Dead Bodies-Mutilation.-The unauthorized mutilation of the dead body of a husband gives a right of action to his widow.-Louisville & N. R. Co. v. Blackmore, Ga., 59 S. E. Rep. 341.

68. Deeds-Construction.-A deed conveying land to the grantee and her "bodily heirs and assigns forever" creates in the grantee at common law an estate tail which is converted into fee smple by statute.-Handy v. Harris, Ky., 105 S. W. Rep. 378.

69. Divorce-Assignment of Residence to Wife During Suit.-Where, in a suit for separation, the court assigns to the wife as her residence that of her mother, the wife does not violate the order if she accompanies her mother when the latter changes her residence during the suit.-Meyers v. Rosenthal, La., 44 So. Rep. 818.

71. Election of Remedies-Acts Constituting Election.-The holder of notes and a mortgage securing them may bring an action at law on the notes without waiving their mortgage lien, and hence they are not estopped by the institution of such an action to seek a foreclosure of the mortgage in equity.-Craig v. Meriwether, Ark., 105 S. W. Rep. 585.

72. Elections-Effect of Void Election.— Where a private person, after election ballots are printed, places his name under the Democratic device by means of pasters, as though nominated by that party, having no right to so place his name, his election is void.-Parrish V. Powers, Ky., 105 S. W. Rep. 391.

73. Recanvass of Votes.-Where a canvass was concluded under existing statutory provisions, the legislature has no power to create a new tribunal to recanvass the election and award the office to another claimant.-Metz v. Maddox, N. Y., 82 N. E. Rep. 507.

74. Electricity-Negligence.-Proof that an electrc lamp suspended over a street fell and injured a traveler thereon held to raise the presumption that the injury resulted from the negligence of the light company.-Louisville Lighting Co. v. Owens, Ky., 105 S. W. Rep. 435.

75. Equity-Champertous Contract.-An attorney held not entitled to recover in equity for his services on a quantum meruit, where his bill to recover land under a champertous contract has been dismissed.-Roller v. Murray, Va., 59 S. E. Rep. 421.

76. Escrows-Refusal of Depositary to Deliver. Where a depositary in escrow refused to deliver a deed deposited on performance of the conditions of the escrow, the purchaser's remedy was properly taken against such depositary. -Bronx Investment Co. v. National Bank of Comerce, Wash., 92 Pac. Rep. 380.

77. Evidence - Expert Testimony. - Opinion evidence may properly be given as to the very point in issue where such a point is within the field of expert evidence and is based on undisputed facts or assumptions warranted by the evidence.--Zarnix v. C. Reiss Coal Co., Wis., 113 N. W. Rep. 752.

78. -Negligence.-Where a sawyer sues his employer for an injury to his hand, evidence of an expert that it was more dangerous to run three boards through a saw than one held inadmissible.-Carron v. Standard Refrigerator Co., 106 N. Y. Supp. 723.

79. Opinion Evidence. If a witness knows from observation and experience that tree and plant life are destroyed by fumes and smoke from a smelter, he may testify to that fact, even though he may not be able to explain the chemical processes by which the destruction is wrought.-Park v. Northport Smelting & Refining Co., Wash., 92 Pac. Rep. 442.

80. Executors and Administrators-Accounting.-Lapse of time is not of itself a defense to a petition of a legatee to require the executor to account, and the question should not be decided before the accounting is had.-In re Anderson, 106 N. Y. Supp. 818.

close the mortgage, she could dispose of the property which came to the estate through the foreclosure.-Bryan v. Carroll, 106 N. Y. Supp.

668.

83. Right to Appointment. Testator's brothers and sister held not to have waived their right to appointment as administrator with will annexed, and to have been properly permitted to designate the administrator.Smith v. Lurty, Va., 59 S. E. Rep. 403.

84. Sale of Real Estate.-A husband having a remainder interest held entitled to the surplus on a sale of land after discharging the debts of the deceased wife.-Winnegar v. Coats, Mo., 105 S. W. Rep. 664.

85. Widow's Allowance. A judgment awarding testator's widow a year's support in certain land held not void on the ground that title had passed out of testator's estate when the support was assigned.-Reynolds v. Norvell, Ga., 59 S. E. Rep. 299.

86. Extradition Warrant for Delivery.-In extradition proceedings, the executive warrant for rendition is prima facie evidence in all cases that the governor was in possession of the facts giving the legal basis of his action. -Ex parte Edwards, Miss., 44 So. Rep. 827. 87.

Fraud-Expressions of Opinion.-A third person, undertaking to express an opinion to a buyer as to the subject of a contemplated purchase, must give his honest opinion.-Adams v. Collins, Mass., 82 N. E. Rep. 498.

88. Frauds, Statute of-Part Performance.Possession held not such a part performance as will support an oral agreement giving an option on real estate; the possession being under a lease between the parties and not under the option.-Broadway Hospital & Sanitarium Decker, Wash., 92 Pac. Rep. 445.

V.

89. Verbal Agreements as to Boundaries.A verbal agreement between owners of adjoining tracts of land fixing the division line to avoid litigation is not within the statute of frauds.-Fields v. Sizemore, Ky., 105 S. W. Rep.

438.

90. Fraudulent Conveyances Evidence. That the grantor in a conveyance alleged to be fraudulent was insolvent when it was made was important evidence on the question of fraud, but not conclusive.-Quinn V. Minneapolis Threshing Machine Co., Minn., 113 N. W. Rep. 680.

91. Husband and Wife.-A conveyance of land to a wife held fraudulent as against the creditors of her husband, and, he having paid the consideration, she would be held a trustee for him and the land subjected to his debts.Cramer v. Senger & Tumer, Va., 59 S. E. Rep. 375.

92.- -Parties in Suit to Set Aside.-A purchaser of land pending a suit to set aside a fraudulent conveyance held not entitled to claim the decree for plaintiff was void because a mortgagee was not made a party.-Tippenhauer's Ex'x v. Newport Rolling Mill Co., Ky., 105 S. W. Rep. 440.

93. Game-Powers of Game Commission.Under laws 1885, p. 482, c. 283, and subsequent legislation, a forest, fish, and game commissioner has power to employ attorneys to prosecute actions to prevent injury to the forest preserve. -People v. Santa Clara Lumber Co., 106 N. Y. Supp. 624.