linois and Michigan bars and is published by the Hill Publishing Company, New York.

VIRGINIA STATE BAR ASSOCIATION, 1907. This volume contains a report of the interesting proceedings of the nineteenth annual meeting of the Virginia State Bar Association, held at Jamestown, July 30, 31, and August 1, 1907, edited by John B. Minor, of the Richmond bar. Among the addresses delivered is one by Hon. John R. Dos Passos, of New York, on "The Results and Responsibilities of our Representative Democracy." Another interesting address is that of the President, Allen Caperton Braxton, on "The Eleventh Amendment," which is just now very much in the public eye; "The Limits of Centralization," an interesting address, was delivered by Don P. Halsey. The divorce problem receives attention in a paper by Hon. Lewis H. Machen, on "The Duty of the State to Diminish Divorce." Published by Richmond Press, Inc., Richmond, Va.

HUMOR OF THE LAW.

a

Over in the Rose building, Cleveland, which, as everyone knows, is filled with doctors, young lawyer had his offices. This lawyer vouches for this one:

As he sat in his office the other afternoon, juggling a copy of Blackstone, a young woman dashed into his office. In a moment, before he could realize what had happened, she had bared a dainty ankle. "Are those mosquito bites or hives." she asked him, indicating some eruptions that were. however, too slight to mar seriously the ankle.

"I should prefer to look it up," said the lawyer, thinking that what she had just shown him might turn out to be Exhibit A in a divorce case that she desired to file. Perhaps her husband had neglected to file mosquito bars in their once happy home and the bites were one of her grounds of action.

But further inquiry blasted the divorce theory. The client was seeking the doctor next door. Chicago Law Journal.

New York, 3, 21. 24, 25, 26, 37, 46, 50, 72, 74, 79,
S5, 93, 95, 105, 122, 126, 129, 131.
Oregon
South Carolina

2

.63, 64, 83, 98 Texas, 9, 10, 11, 18, 20, 31, 33, 41, 45, 53, 54, 57, 61. 75, 111.

United States S. C.. 16, 17, 23, 38, 40, 42, 59, 69, 76, 78, 86, 87, 99, 104, 120, 127, 134. Virginia ..7, 52, 112, 115, 124, 132 .1, 19, 27, 70, 77, 128

West Virginia

certificate made in 1866 of acknowledgment by a married woman, failing to state that on privy examination she acknowledged the deed, renders it void as to her.-Nuttall v. McVey, W. Va., 60 S. E. Rep. 251.

2. Accord and Satisfaction-Intention.Whether an agreement for the settlement of a suit or the performance thereof shall constitute a satisfaction depends upon the intention of the parties thereto; the rule applying to oral contracts, if executed, as well as written ones.Sutherlin v. Bloomer, Ore., 93 Pac. Rep. 135.

3. What Constitutes.-Acceptance of a check given in full satisfaction of the debtor's account which was a subject of dispute between the parties held to constitute a satisfaction of the account. Schwartz v. Hirsch, 107 N. Y. Supp. 796.

4. Action-Tort or Contract.-Where a carrier rightfully obtains possession of property, a suit for damages from delay in delivery or failure to deliver is not necessarily an action ex delicto.-Jenkins v. Seaboard Air Line Ry.. Ga., 59 S. E. Rep. 1120.

5. Adverse Possession-Hostile Possession.

Where a father made a deed of certain land to his son, reserving possession of the land for life, and not recording the deed, but afterwards placed the son in full possession and control, and he made many valuable improvements, the son's possession was adverse to the father, and was not that of a tenant.-Cyrus v. Holbrook, Ky., 108 S. W. Rep. 300.

6. Animals-Injuries to Other Animals.-A person is liable for sheep killed by dogs belonging to his daughter, where she lived with him and the dogs were kept by her with his consent.-Holmes v. Murray, Mo., 105 S. W. Rep.

1085.

7. Appeal and Error-Bill of Exceptions.Where the petition clearly points out the points relied upon, and all instructions are covered by bills of exceptions, it is sufficient, although not specifically stated in petition that certain rulings of the court are assigned as error.-Norfolk & W. Ry. Co. v. Bondurant's Adm'r, Va., 59 S. E. Rep. 1091.

one

8. Findings. A finding including in sum both principal and interest will be upheld, with directions to amend by separating principal and interest.-Mitchell v. Henry Vogt Mach. Co., Ga., 60 S. E. Rep. 295.

9. Harmless Error.-In an action involving lands regarding which a former judgment was rendered establishing the rights of the parties, error in finding plaintiff sane when such former judgment was rendered held immaterial.-Haines v. West, Tex., 105 S. W. Rep.

11. Objections in Trial Court.-Where a judgment was rendered against a non-resident insurance company by default, it could not urge for the first time on a writ of error as ground for reversal that its default resulted from accident, and that it had a good defense to the action.-New York Life Ins. Co. v. Her bert, Tex., 108 S. W. Rep. 421.

12. -Security for Costs.-Whether or not a party should be allowed to file bonds for costs after expiration of time allowed for such filing by the order requiring the bond held largely a matter of discretion with the trial court.—Kittle v. Yazoo & M. V. R. Co., Miss., 45 So. Rep. 867.

13. Sufficiency of Record.-Where the record does not disclose the fact assumed as a ground of an assignment of error, the ground for error is without foundation.-J. H. Davis & Co. v. Thomas. Ala., 45 So. Rep. 897.

14.-Trial De Novo.-Where both parties on appeal from the probate court proceed on the theory that the district court could try the matter de novo, it is not necessary on appeal to decide whether the district court had such power. In re McVay's Estate, Idaho, 93 Pac. Rep. 28.

15. Arbitration and Award-Agreement to Arbitrate.-Articles of submission held to authorize arbitrators to determine whether plaintiffs' property would be damaged by the conduct of defendants.-Lively v. Hunter, Ga., 60 S. E. Rep. 26.

16. Arrest-Member of Congress.-All criminal offenses are within the terms, "reason, felony, and breach of the peace," as used in Const. U. S. art. 1, sec. 6, cl. 1, excepting these cases from operation of privilege from arrest conferred on members of Congress.-Williamson v. United States, U. S. S. C., 28 Sup. Ct. Rep. 163.

17. Army and Navy-Extra Pay.-A lieutenant in the navy, assigned to duty on personal staff of a rear admiral as flag lieutenant, held entitled to extra pay. though not technically designated as an aid in Navy Regulations 1896, sec. 343-345.-United States v. Miller, U. S. S. C., 28 Sup. Ct. Rep. 199.

18. Assault and Battery-Corporal Punishment by Teacher.-Where a teacher corrects a scholar, the presumption is that the same is done in the exercise of his lawful authority.— Greer v. State, Tex., 106 S. W. Rep. 359.

19. Self Defense.-In an action for assault the doctrine of self-defense cannot be invoked where the defendant was the aggressor, and used more force than was reasonably necessary, or where, after the assault, he beat the ag gressor by way of revenge.-Smith v. Fahey, W. Va., 60 S. E. Rep. 250.

24. Fixtures as Between Landlord and Tenant. Where the tenant of a building placed fixtures therein, the purchaser from his trustee in bankruptcy acquired only such right to remove the fixtures as the tenant may have.Jacob v. Kellogg, 107 N. Y. Supp. 713.

25.- -Partial Payment of Discharged DebtA partial payment on a debt which has been discharged in bankruptcy is not sufficient to renew the original indebtedness, or create a new obligation of the debtor to pay the balance due.-Meyer v. Bartels, 107 N. Y. Supp. 778.

are identified or admitted and others are not, courses and distances control when the description by quantity is in substantial agreement with the area of the tract so located.Lewis v. Yates, W. Va., 59 S. E. Rep. 1073.

28. Monuments.-The rule that, when a monument or marked line is called for and the distance as given in the deed will not reach it, the distance must be disregarded and the line run to the monument or marked line, is not applied when to do so would do violence to the actual location of the line.-Rudolph v. Sales, Ky., 105 S. W. Rep. 975.

29. Bills and Notes-Bona Fide Purchasers.Where there was no evidence of notice to the holder that a payee in negotiating a note intended to defraud creditors, it was not error to exclude testimony to such effect. Oliver v. Miller, Ga., 60 S. E. Rep. 254.

30.

Brokers-Commissions.-Where a broker employed to sell certain real estate agrees to serve purchaser also for a commission, he cannot claim a commission from the first party.Gann v. Zettler, Ga., 60 S. E. Rep. 283.

31. Carriers-Liability of Connecting Carriers. The mere receipt by a connecting carrier of its proportionate share of the general freight rate charged does not render it jointly liable for a loss of the goods occurring on another connecting line.-Houston & T. C. R. Co. v. Groves, Tex., 106 S. W. Rep. 416.

32. Limitations in Shipping Contract.Stipulations on the back of shipping contracts relative to claims for losses and limiting the time for bringing actions therefor can be upheld only as reasonable regulations rather than contracts in the true sense.-Lasky v. Southern Express Co., Miss., 45 So. Rep. 869.

33. Live Stock Shipment.-A carrier, having received a mule for shipment in good condition, held liable for its safe delivery, unless its death was caused by an act of God, public enemy, inherent vice of the animal, or some conduct of plaintiff.-International & G. N. R. Co. v. Nowaski, Tex., 106 S. W. Rep. 487.

34. Negligence.-Where a passenger proves his injury as the result of a breakdown of one of the cars of a train, the burden is on the carrier in order to show that the defect could not have been discovered either by it or the builders by the exercise of the utmost human skill and foresight.-Morgan v. Chesapeake & O. Ry. Co., Ky., 105 S. W. Rep. 961.

38. Conspiracy-To Suborn Perjury. To constitute conspiracy to suborn perjury, the precise persons to be suborned, or the time and place of the suborning, need not be agreed upon by the parties.-Williamson v. United States, U. S. S. C., 28 Sup. Ct. Rep. 163.

39. ries.

Constitutional Law-Constitution of JuAny person of a race discriminated against for jury duty who is to be tried by such jurors may have the statute or the action taken thereunder annulled as being a denial by the state of the equal protection of the laws in violation of Const. U. S. Amend. 14.Montgomery v. State, Fla., 45 So. Rep. 879.

40. Judicial Functions.-There is nothing in the federal constitution forbidding a state to confer judicial functions on nonjudicial bodies.-Consolidated Rendering Co. v. State of Vermont, U. S. S. C., 28 Sup. Ct. Rep. 178.

41. Police Power.-Const. U. S. art. 4, sec. 2, and article 14, sec. 1, are violated by any act, save in the exercise of the state's police power that imposes a burden on a nonresident of the state which is not imposed upon residents of the state.-De Grazier v. Stephens, Tex., 105 S. W. Rep. 992.

42. Contempt-Disobeying Order to Produce Books. A corporation which refuses to produce certain books before a grand jury in compliance with Act Vt. Oct. 9, 1906, cannot urge the sweeping character of notice as invalidating the order adjudging the corporation guilty of contempt.-Consolidated Rendering Co. v. State of Vermont, U. S. S. C., 28 Sup. Ct. Rep. 178.

43. Contracts-Validity.-Where one engages in a business transaction with his eyes closed. if no unfair advantage had been taken, he cannot complain of a lack of information which he might have obtained.-Exchange Bank E. B. Williams & Co., La., 45 So. Rep. 935.

V.

44. Work and Labor.-Where defendant sent to plaintiff a coat to be remodeled and repaired, and complained that it did not fit after repair, and plaintiff offered to remedy any defects, held that plaintiff had a cause of action for the price of the repairs.-Byck v. H. J. Weiler Co., Ga., 59 S. E. Rep. 1126.

45. Corporations—Garnishment Proceedings. -Under Rev. St. .1895, arts. 245. 247-251, the district court of one county held without jurisdiction to render a judgment against a foreign corporation summoned as garnishee, doing business in the state under a permit with an agent in another county.-American Surety Co. v. Bernstein, Tex., 105 S. W. Rep. 990.

46. Meetings.-The common-law rule that where a body is composed of an indefinite number of persons, a quorum consists of those who assemble at any meeting regularly called and warned, does not apply to a membership corporation the by-laws of which attempt to provide for a quorum.-New York Electrical Workers' Union v. Sullivan, 107 N. Y. Supp. 886.

Code

50. Criminal Evidence-Accomplices. Cr. Proc. sec. 399, requiring corroboration of the testimony of an accomplice by evidence connecting accused with the crime construed, and held satisfied where accused himself testified that he was connected with the crime.People v. Eaton, 107 N. Y. Supp. 849.

51.- Opinions.-In a murder case, testimony of a person who aided in dressing decedent for burial that she saw some bruises on the deceased, and as to their location on the body, held not an expression of the opinion of the Witness.-Fowler v. State, Ala., 45 So. Rep. 913. 52. Rape.-The guilt of accused cannot be inferred because the facts are consistent with his guilt, but they must be inconsistent with innocence. Woodson v. Commonwealth, Va., 59 S. E. Rep. 1097.

53. Record on Appeal.-Where the record on appeal in a criminal case shows that the statement of facts was filed after the adjournment of court, but does not show any order allowing it to be so filed, the statement cannot be considered on appeal.-Ross v. State, Tex., 106 S. W. Rep. 340.

54. Res Gestae.-The res gestae statement of decedent, that accused shot him, inflicting a fatal wound, has as much weight as dying declarations, and is in some respects a stronger criminative statement.-Tinsley v. State, Tex., 106 S. W. Rep. 347.

55. Criminal Law-Invalidity of Judgment.Where one accused of crime is tried and convicted at a term of court not authorized by law, the conviction is void for want of jurisdiction. Rawlinson v. State, Ala., 45 So. Rep. 891.

56. Criminal Trial-Admissions by Accused. -Silence of accused held not admissible in evidence as an admission of the truth of the statement of another made to him, except in specified cases.-Raymond v. State, Ala., 45 So. Rep. 895.

57.--Appeal. A recognizance reciting that defendant was convicted of an assault with an intent to murder, when in fact he was convicted of an aggravated assault, is defective, and will not support an appeal.-Williams v. State, Tex., 105 S. W. Rep. 1024.

58. Argument.-A party entitled to the concluding argument need not state the questions of law he will make, where the only question was one of fact.-Fort v. State, Ga., 60 S. E. Rep. 282.

59. Conspiracy to Suborn Perjury.-One accused of conspiracy to suborn perjury in the purchase of public lands under the timber and stone act held not prejudiced by evidence of an attempt to acquire by like unlawful methods state school lands.-Williamson V. United States, U. S. S. C., 28 Sup. Ct. Rep. 163.

in

memoranda in red ink have been made manuscript on the margin of a typewritten letter does not render the letter inadmissible, where it is not proposed to offer the memoranda in evidence.-State v. Hoffman, La., 45 So. Rep. 951.

61. Harmless Error.-Where in a criminal case improper comments of a private prosecucutor, not of a serious nature, were withdrawn by him and the jury charged to disregard them, the comments will not be reviewed.— Wilson v. State, Tex., 105 S. W. Rep. 1026.

62. Moot Question.-A sheriff wrongfully removed from office held to have the right to have the appellate court pass upon the validity of the removal, though he himself had resigned from office.-Moore v. State, Miss., 45 So. Rep. 866.

63. Presentation of Questions in Lower Court. The failure of the court to rebuke a solicitor for efforts to bring out irrelevant testimony held not reviewable, in the absence of any objection made at the time or any request for the protection of the court.-State v. Boyles, S. C., 60 S. E. Rep. 233:

64. Remarks of Judge.-An expression of opinion by the judge, in overruling an objection to a witness. that the witness had violated the law, being on a collateral matter, and not intimating that the violation of law was intentional, held not error.-State v. Boyles, 60 S. E. Rep. 233.

65. Death-Limitation of 'Action.-Under Laws 1898, p. 82, c. 65 (Code 106, sec. 721), limiting actions for death to one year from the date of the death, held that no action by anyone can be brought after one year.-Pickens v. Illinois Cent. R Co., Miss., 45 So. Rep. 868. 66. Ejectment-Pleading. Where petition departs from the statutory form, and alleges that plaintiff claims title under an abstract of title annexed to the petition, it is an allegation that plaintiff's title is as defined in his abstract.-Dugas v. Hammond, Ga., 60 S. E. Rep.

268.

67. Election of Remedies-Effect.-On sale of personal property with reservation of title, where the property is sold under order of court and a vendor elects to claim a lien on the fund he is estopped from asserting his title as against the property.-James v. Avery & Mcmillan, Ga., 59 S. E. Rep. 1118.

68. Effect.-One who has elected to waive the tort and sue for the price, and has sued out an attachment and purchased the property thereunder, cannot deny that it was the property of the wrongdoer.-Rowe v. Sam Weichselbaum Co., Ga., 60 S. E. Rep. 275.

59. Eminent Domain-Estoppel by Accepting Award. By accepting a sum awarded in condemnation proceedings owners held estopped to insist that petition was not maintainable.Winslow v. Baltimore & O. R. Co., U. S. S. C., 28 Sup. Ct. Rep. 190.

70. Evidence-Handwriting.—In

attempting

to prove signatures to a paper, it is competent to ask of witness, though not an expert: "If you know, state in whose handwriting the signatures are."-Parkersburg Nat. Bank v. Hannaman, W. Va., 60 S. E. Rep. 242.

71. Parol Evidence to Vary Written Instrument.-Parol evidence that payment of a was not made by the maker. but by a third person out of his own money, is not parol

note

evidence contradicting or varying the note.Succession of Bagley, La., 41 So. Rep. 942.

72. Plans and Specifications.-In an action by architects for fees for making plans for a building at a specified per cent. of its cost, the statement as to the cost in the plans filed with the building department was inadmissible.-Israels v. MacDonald, 107 N. Y. Supp. 826. 73. Weight and Sufficiency.-Testimony received without objection and in no way controverted should be given all the probative force that it naturally affords without technical limitations.-Montgomery v. State, Fla., 41 So. Rep. 879.

75. Federal Courts-Error to State Court.Federal question held raised in time to sustain writ of error to a state court, where distinctly presented in a petition to the state court for rehearing.-Sullivan v. State of Texas, U. S. S. C., 28 Sup. Ct. Rep. 215.

76.- -Frivolousness of Federal Question.The contention that constitutional privilege of a congressman from arrest embraces arrest and punishment for criminal offense while Congress is not in session held to sustain direct writ of error from the supreme court of the United States to a circuit court.-Williamson v. United States, U. S. S. C., 28 Sup. Ct. Rep. 163.

77. Frauds, Statute of-Promise to Pay Debt of Another. If the person whose debt a third person orally promises to pay remains still liable, such promise is not binding on such third person.-Mankin v. Jones, W. Va., 60 S. E. Rep. 248.

78. Habeas Corpus-Chinese Exclusion Cases. -Habeas corpus should be granted to a Chinaman claiming to be a citizen of the United States who had been denied a hearing and right to prove his right to enter the United States under decisions of Commissioners of Immigration and Department of Commerce and Labor.-Chin Yow v. United States, U. S. S. C., 28 Sup. Ct. Rep. 201.

79.

Highways-Obstructions.-An injury resulting from a collision with telephone poles at the side of a highway held not proximately caused by the negligence of the highway commissioners.-Scofield v. Town of Poughkeepsie, 107 N. Y. Supp. 767.

80. Use Constituting a Nuisance.-Whether a particular use of a highway constitutes a nuisance is a question of law; but, as the board of supervisors has full jurisdiction over public roads, its declaration is persuasive on such question.-Covington County v. Collins, Miss..

41 So. Rep. 854.

the brother himself is blameless, but, if the one who interposes is blameless, his right may be justified by a real or apparent necessity.— Warnack v. State, Ga., 60 S. E. Rep. 288.

83.- -Dying Declarations.-The decision of the trial court whether the conditions requisite to the admission of dying declarations have been fulfilled will not be disturbed on appeal, unless it is clear that his exclusion of such declarations was improper and, was prejudicial to defendant.-State v. McCoomer. S. C., 60 S. E. Rep. 237.

84. Manslaughter.-To constitute manslaughter in the first degree, there must be either an intent to kill, or to do an act of violence, from which ordinarily death or great bodily harm will result.-Reynolds V. State. Ala., 41 So. Rep. 894.

87. State Tax on Imports.-Cash on hand and notes owned by a foreign corporation doing business as importers, proceeds of sale of imported goods in original packages, may be taxed, under Laws N. Y. 1896 p. 800, c. 908, sec. 7, as capital, without infringing Const. U. S. art. 1, sec. 10, prohibiting taxing of imports.People of State of New York v. Wells, U. S. S. C., 28 Sup. Ct. Rep. 193.

88. Judicial Sales-Action to Set Aside.-A bill to set aside a judicial sale held not to show that complainant's wife obtained a fee estate in a homestead set off to her from the estate of her former husband, under Code 1896, sec. 2069.-Carroll v. Draughon, Ala., 41 So. Rep.

919.

89. Larceny-Possession of Stolen Property. -Where whisky was stolen at night and similar whisky was found in the possession of accused the next morning, and he fails to explain his possession, its identity is for the jury. -Cox v. State, Ga., 60 S. E. Rep. 283.

90. Life Insurance-Beneficiaries.-A life insurance policy vests the ownership of the proceeds thereof in the named beneficiaries, and may not be transferred or taken for the debts of insured without the consent of such benefciaries, whether insured was solvent or not when he paid the premiums.-Johnson v. Bacon, Miss., 41 So. Rep. 858.

91. Logs and Logging-License.-An agreement authorizing defendant to cut all sawmill timber on the land owned by plaintiff within certain limits binding only on plaintiff was a mere nudum pactum.-Blackshear v. Hood, La., 41 So. Rep. 957.

92. Sales and Conveyances of Timber.Under a sale of "all the pine timber for sawmill purposes" not fixing a time within which the timber is to be taken, a reasonable time will be presumed.-Mills & Williams v, Ivey, Ga., 60 S. E. Rep. 299.