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show such negligence.-Pennsylvania, etc. Co. v. Riordon, S. C. Penn., April 2, 1888; 13 Atl. Rep. 324.

48. CARRIERS-Receivers-Boycotting A receiver appointed by the court to manage a railroad is a common carrier, and must receive from and deliver to connect. ing roads loaded or unloaded cars, though by so doing his own road becomes involved in a strike by locomotive engineers. The court will not allow receivers nor the brotherhood of engineers to interfere with such road.-Beers v. Wabash, etc. R. Co., U. S. C. C. (Ill.), March 14, 1888; 34 Fed. Rep. 244.

Reverter

Corporation.

49. CHARITY - School Where a gift is made to an association for school purposes, and the association afterwards obtains a charter which it allows to lapse, the property, after the expiration of the charter, reverts in the association and does not revert to the giver.-Bates v. Palmetto, etc. Co., S. C. S. Car., April 17, 1888; 6 S. E. Rep. 327.

50. CLAIMS-United States-Set-off.In an action by the State of Louisiana to recover from the United States money due it, under acts of congress of Feb. 20, 1811, and Sept. 28, 1850, and March 2, 1855, the defendant can set off a claim for interest on Indian trust bonds issued by the State. Such suit must be filed, under Rev. Stat. U. S., § 1069, within six years after the claim accrued.-U. S. v. Louisiana, U. S. S. C., April 23, 1888; 8 S. C. Rep. 1047.

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of statute of Pennsylvania June 25, 1885 (P. L. 170), relative to turnpike roads. The statute held unconstitutional because it relates to more than one subject.-In re Carbondale, etc. Co. v. Road, S. C. Penn., April 30, 1888; 13 Atl. Rep. 913.

54. CONSTITUTIONAL LAW-Statute-Cruelty to Animals. -The statute of Maine, which authorizes the society for the prevention of cruelty to animals to destroy an animal without notice to its owner, is unconstitutional. -King v. Hayes, S. J. C. Me., Feb. 23, 1888; 13 Atl. Rep. 882. 55. CONSTITUTIONAL LAW-Trial by Jury.- The act which provides for trials in city superior courts by six jurors, requiring the party demanding twelve jurors to pay the additional expense, is constitutional.-Conners v. Burlington, etc. R. Co., S. C. Iowa, May 10, 1888; 37 N. W. Rep. 966.

Review.

56. CONTEMPT · Appeal· The supreme court will not interfere with inferior courts in cases of contempt, when such courts exercise a jurisdiction vested in them, when the decree was a proper exercise of judicial power and its disobedience was punishable as a contempt.-State v. Houston, S. C. La., April 16, 1888; 4 South. Rep. 131.

57. CONTRACT- Agent.- Where a person borrows money from a corporation of which he is a stockholder, and it is agreed that the money shall be paid to another member acting as agent and applied to buying of lumber for the building of a house, and the agent claims that part of the money shall be applied to the payment of a debt due to him by the borrower, such claim cannot be sustained.-Bennett v. Merchantsville, etc. Co., N. J. Ct. Chan., May 10, 1888; 13 Atl. Rep. 852.

58. CONTRACTS-Interpretation-Acts of Parties.When a contract between two railroad companies operating a joint line does not expressly state how cars are to be supplied therefor, the fact that one company for several years thereafter paid the other for the use of its cars, will be held to be the construction of the contract by the parties, and the court will enforce such

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60. CONTRACTS-Performance- Evidence.- The parties to a written contract may extend the time of performance by parol circumstances stated, which are held to be sufficient evidence of such extension.-Locust, etc., Co. v. Yorgey, S. C. Penn., May 7, 1888; 13 Atl. Rep. 956. 61. CONTRACT-Pleading.- A contract that stated, "That in consideration of the payment of the sum of $500, the receipt of which is hereby acknowledged," plaintiff granted the right to use a patent to defendant: Held, that this contract did not show any obligation on the defendant to pay the $500.-Grist v. Mundell, S. C. Penn., Aprii 2, 1888; 13 Atl, Rep. 319.

62. CONTRACT-Trust-Waiver.- -Where property is conveyed in trust to a party, for the purpose of being sold, and the proceeds to be applied to certain specified purposes, the trustee does not waive her right of selling by her letters asking the advice of the grantor.Appeal of Neilson, S. 2. Penn., May 7, 1888; 13 Atl. Rep. 943. 63. CORPORATIONS- Motions against - Venue.- A corporation organized under Oregon laws, must be sued in the county where it has its principal office or place of business, or in the county where the cause of action arose.-Halgate v. Oregon P. R. R., S C. Oreg., March 7, 1888; 17 Pac. Rep. 859.

64. CORPORATIONS-Assessments-Injunction.-An injunction will not be granted to restrain the sale of stock of a corporation for delinquent assessments, because notice has not been published for fifteen days prior to the sale as required by law, unless the complaint contains an offer to pay the assessments.-Burnham v. San Francisco F. M. Co., S. C. Cal., April 30, 1888; 17 Pac. Rep. 939.

65. CORPORATIONS-Consolidation-Suit.-On motion to dismiss a bill filed by a corporation subsequently consolidated, and a motion to substitute the consolidated corporation, the latter motion should prevail, under the New York law, where the corporation was organized.-Edison E. L. Co. v. Westinghouse, U. S. C. C. (N. J.), Jan. 10, 1888; 34 Fed. Rep. 232.

66. CORPORATIONS-Forfeiture-Quo Warranto.--Under California law, the people may maintain an action at the relation of the attorney general to forfeit the franchises of a railroad corporation.-People v. Stanford, S. C. Cal., April 30, 1888; 18 Pac. Rep. 85.

67. CORPORATIONS-Sale of Business.-The majority of a co-operative association may sell the property and business, and, even if the sale is voidable by the remainder, one of those participating cannot avoid the contract which has been ratified by the acquiescence of other stockholders.-Berry v. Broach, S. C. Miss., April 9, 1888; 4 South. Rep. 117.

68. CORPORATIONS-Stockholders-Remedies.

When

a stockholder fails to pay an assessment lawfully made, allegations that the corporation refused to show plaintiff its bills and vouchers, that it is a worthless concern, and desires to get plaintiff's stock for the assessment, are no ground for the appointment of a receiver to wind it up, or for granting an injunction to restrain the sale.Burnham v. San Francisco F. M. Co., S. C. Cal.. April 30, 1888; 17 Pac. Rep. 940.

69. CORPORATIONS - Officers - Combinations - - Third Parties.- -The assignee of the rights at law and equity of a corporation against its officers, who by combination with outsiders have succeeded in wrecking it and appropriating its property, has no standing in a court of equity against such trustees, in the absence of allegation and proof that he is a creditor or stockholder of

each corporation.-Hoffman v. Bullock, U. S. C. C. (N. Y.), March 16, 1888; 24 Fed. Rep. 248.

70. COSTS-Taxation-Review on Appeal.Items claimed as disbursements must be itemized and verified, and objections thereto must be to each item separately and clearly stated. Such objections cannot be considered on appeal, unless made in the time allowed before the taxing officer.-Walker v. Goldsmith, S. C. Oreg., March 21, 1888; 17 Pac. Rep. 865.

71. COUNTIES-Allowance of Claim.- The clerk is justified in refusing to issue a warrant for a claim allowed by the board of supervisors of a county, when the order fails to state the names of the parties and the section of the law as required.-Land v. Allen, S. C. Miss., April 16, 1888; 4 South. Rep. 117.

72. COURTS-Jurisdiction-Suit Against Officer.federal court, out of which an attachment writ has issued and served, has authority to grant permission to proceed in a State court by repevin against the marshal who executed the writ.-Weil v. Smith, S. C. Colo., April 27, 1888; 18 Pac. Rep. 30.

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Challenges

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74. CRIMINAL LAW Jurors. -Under North Carolina law, in a case not capital, the defendant has only four peremptory challenges. A tales juror must have paid taxes as required of a regular juror to render him eligible.-State v. Hargrave, S. C. N. Car., April 16, 1888; 6 S. E. Rep. 185.

75. CRIMINAL LAW - Continuance-Absence of Witness. -Defendant in a criminal case is not entitled to a continuance on account of the absence of a material witness, when the affidavit shows that process was issued, but does not show that it was placed in the hands of an officer for service.- Unsel v. Com., Ky. Ct. App., April 28, 1888; 8 S. W. Rep. 144.

76. CRIMINAL LAW-Former Acquittal-Conviction of Another Offense. -Upon indictment for burglary, a conviction of larceny is a nullity. In such case the jury should be sent back for further deliberation, but if discharged with defendant's consent, he is not thereby put in jeopardy.-People v. Curtis, S. C. Cal., May 1, 1888; 17 Pac. Rep. 941.

77. CRIMINAL LAW-Inculpating Acts-Statements.If it is material for a party to prove an act of another party as tending to inculpate him, the other party may show what words accompanied the act, though they may tend to exculpate him.-People v. Shepard, S. C. Mich., April 27, 1888; 37 N. W. Rep. 925.

78. CRIMINAL LAW-Impeachments-Particular Facts. -In a trial for obtaining goods by fraud, testimony by a witness as to fraudulent acts wholly collateral to the issue, though offered in disparagement of the defendant's credibility as a witness, is inadmissible.-State v. Bullard, S. C. N. Car.. April 16, 1888; 6 S. E. Rep. 191.

79. CRIMINAL LAW-Larceny-Attempt to Commit.One caught in the act of opening a cash drawer for the purpose of stealing money, is guilty of an attempt to commit larceny, though there was no money in the drawer at the time.-Clark v. State, S. C. Tenn., April —, 1888; 8 S. W. Rep. 145.

80. CRIMINAL LAW-Returning Indictment-Record.It is error to try a defendant on an indictment, which was not returned in open court, and this can only be shown by the record.-Thornell v. People, S. C. Colo., April 27, 1888; 17 Pac. Rep. 904.

81. CRIMINAL LAW-Warrant.

-A warrant against

a named person and another, who was unknown to the prosecutor who made the affidavit, sufficiently describes that other person, to justify his arrest under the warrant.-Ard v. State, S. C. Ind., March 27, 1888; 16 N. E. Rep. 564.

82. CUSTOMS DUTIES-Non-Enumerated articles-Ques

tion for Jury.In an action for excessive customs duties collected on non-enumerated articles, when such articles resembled more than one enumerated article, it is a question for the jury to decide to which class they properly belong for assessment of customs.-Newman v. Miller, U. S. S. C., May 14, 1888; 8 S. C. Rep. 1090.

-In an

83. CUSTOMS DUTIES-Overpayment-Bond.action to recover an excess of duties on importation valued in depreciated foreign currency, when it apears that a bond was given for the production of the consular certificate of its valuation in Spanish or United States silver dollars, the plaintiff cannot recover if he fails to show that such certificate was produced within the time prescribed in said bond.-Cousinery v. Schell, U.S. C. C. (N. Y.), Dec. 21, 1887; 34 Fed. Rep. 272.

84. CUSTOMS DUTIES - Tissue Paper.- -Tissue paper for making letter press copies of written matter is subject to a 35 per cent. ad valorem.-Lawrence v. Meritt, U. S. C. C., April 24, 1888; 8 S. C. Rep. 1099.

85. DEATH BY WRONGFUL ACT-Damages-Pain-Jury. -A death by drowning in stagant or muddy water, is sufficient to justify a verdict that the deceased suffered pain. The testimony of jurors is not admissible to show that the amount of the verdict was arrived at by an average.-Clark v. Manchester, S. C. N. H., March 16, 1888; 13 Atl. Rep. 867.

86. DEDICATION-In Pais - Estoppel. -A by parol dedicated his undivided interest in certain land to public use for a court house site. His co-tenant, the county, accepted the dedication, and proceeded to erect a court house: Held, that A was estopped to deny the validity of the dedication.-Forney v. Calhoun County, S. C. Ala., May 4, 1888; 4 South. Rep. 153.

87. DEED-Delivery.

-To establish the delivery of

a deed, there must be an intention on the part of both parties that there should be a delivery, and this must be proved by the words or acts, or both.-Hill v. McNichol, S. J. C. Me., Feb. 27, 1888; 13 Atl. Rep. 883.

88. DEED-Delivery-Proof.- Where a deed was not recorded till after the death of the grantor, and both grantor and grantee had made declarations inconsistent with its delivery, the presumption of delivery arising from possession is not supported by the mere fact that the grantee received by mail an envelope, addressed in his own handwriting, in which the deed was contained when filed for record.-Scott v. Scott, S. C. Mo., May 7, 1888; 8 S. W. Rep. 161.

89. DEED-Lease. Circumstances stated under which a deed conveying land which was under a lease was held to take effect upon the expiration of the lease and to vest a fee-simple title in the grantee.-Appeal of Green, S. C. Penn., May 7, 1888; 13 Atl. Rep. 972.

90. DESCENT AND DISTRIBUTION - Dower Widow Statute.- -Construction of New Hampshire statutes relative to the rights of a widow to dower and to a distributive share of an estate.-Colly v. Cate, S. C. N. H., March 16, 1888; 13 Atl. Rep. 864; 6 N. Eng. Rep. 203.

91. DITCH-Surface Water-Railroads.-The rule in Hoganson v. Railway Co., 31 Minn. 224, followed, in respect to the right of one land owner to gather surface water on his own land and by means of ditches turn it upon another's land.-Olson v. St. Paul, etc. R. Co., S. C. Minn., May 14, 1888; 37 N. W. Rep. 953.

92. DIVORCE-Failure to Enter Decree-Entry Nunc Pro Tunc. An order that a decree of divorce be entered does not divorce the parties and validate a subsequent marriage by one of them when the decree is never entered. After the death of the latter the decree cannot be entered nunc pro tunc so as to make the divorce and subsequent marriage valid as against the heirs of the other party.-In re Cook's Estate, S. C. Cal., April 26, 1888; 17 Pac. Rep. 923.

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98. EMINENT DOMAIN-Petition - Averments.

proceedings to condemn lands for railroads, under

Michigan laws, the allegation in the petition of the in-

ability to acquire the title by reason of the exorbitant

price asked is jurisdictional, and it is error to exclude

evidence offered by respondents as to the value of the

land.- Weiden v. Grand Rapids, etc. Co., S. C. Mich., April

20, 1888; 37 N. W. Rep. 872.

99. EQUITY-Decree-Modification.

Where a de-

cree finds a contract regarding various loans by de-

fendant and directs an accounting, a motion to modify

the decree so as to except certain loans will be denied,

although an appeal has been allowed, since the decree,

if interlocutory, can be corrected on the coming in of

the master's report, and, if final, by the supreme court.

-Henry v. Travelers' Ins. Co., U. S. C. C. (Colo.), March

19, 1888; 34 Fed. Rep. 258.

100. EQUITY-Municipal Aid-Creditor of Beneficiary.

-Equity may, at the suit of a judgment creditor, com-

pel a railroad to assign to the former its rights against

a county which has subscribed to its stock, but cannot

compel the county to issue its subscription bonds to

complainant.-Smith v. Bourbon County, U. S. S. C., April

23, 1888; 8 S. C. Rep. 1043.

101. EQUITY-Practice-Bill and Answer. In equity

practice, an answer not sworn to, is not evidence after

replication filed. Plaintiff may, in such case, waive

replication and set the case for hearing upon bill and

answer.-Dascomb v. Marston, S. J. C. Me., March 2, 1888;

13 Atl. Rep. 888.

102. EQUITY-Rehearing.- -An application for a re-

hearing must be denied where it is based solely on evi-
dence already before the court and passed upon ad-
versely to applicant on rehearing before another judge,
and no manifest error is shown.-Rogers v. Riessner, U. S.
C. C. (N. Y.), March 27, 1888; 34 Fed. Rep. 270.

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119. EXECUTION-Motion to Quash-Appeal.motion to quash an execution issued on a judgment from which defendant might have appealed, the court will not consider questions which would have been proper and pertinent upon such an appeal.-Union Nat. Bank v. Shriver, Md. Ct. App., March 14, 1888; 13 Atl. Rep. 332.

120. EXECUTIONS-Demand not Due-Allowance.Under Missouri law, the court should, on allowing a claim against an estate founded on a note not yet due, if the parties do not agree to a rebate, classify the demand, and order that no execution shall issue till after the maturity of the note.-Cassatt v. Vogel, S. C. Mo., May 7, 1888; 8 S. W. Rep. 169.

121. EXECUTIONS - Investments Foreign Corpora. tions An investment of trust funds by a New York administrator with the will annexed in mortgage bonds of a Pennsylvania corporation, made without order of court, is not good as against New York beneficiaries, and if such bonds prove to be worthless the adminis trator is liable for the loss.-Cook v. Cook, U. S. C. C. (N. Y.), March 17, 1888; 34 Fed. Rep. 249.

Circum

122. EXECUTORS AND ADMINISTRATORS.stances stated under which the court held that a claim for $13.00 made against an estate by a person whose veracity was discredited by competent testimony should not be allowed.-Appeal of Thompson, S. C. Penn., May 7, 1888; 13 Atl. Rep. 952.

123. EXECUTOR AND ADMINISTRATOR-Accounting-Settlement. A bill to surcharge the account of an executor after its settlement, will be dismissed if it appears that the executor had a full settlement of his debt with the testator in his life-time, that the complainant had notice of that fact, was present at the executor's final settlement and made no objection.-Appeal of Dull, S. C. Penn., May 7, 1888; 13 Atl. Rep. 961.

124. EXEMPTIONS-Milch Cow. Under Georgia law, a milch cow of a debtor is not exempt as "provisions," under Code Ga., § 5212.-Wilson v. McMillan, S. C. Ga., May 4, 1888; 6 S. E. Rep. 182.

125. EXEMPTION-Setting Apart.- Construction of Pennsylvania statutes relative to exemption of personal and real property, the effect of appraisement and proceedings thereon.-Appeal of Imhoff, S. C. Penn., March 19, 1888; 13 Atl. Rep. 279.

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126. FEDERAL QUESION - Payment of Taxes.tendered a county treasurer coupons from State bonds in payment of taxes, and upon a refusal to receive them paid his taxes under protest. He then sued in a State court to recover the money so paid under act S. C. Dec. 24, 1878, and the State court decided that his case did not come under that act: Held, that there was no federal question involved.-De Laussure v. Gaillard, U.S. S. C., April 30, 1888; 8 S. C. Rep. 1053.

127. FRAUDS, STATUTE OF-Debt of Another-Promise. —A, with B's consent, purchased logs from C, and agreed, when he sold the logs, to pay B a debt which C owed him: Held, that the promise was not within the statute of frauds.-Silsby v. Frost, S. C. Wash. Ter., Jan., 21, 1888; 17 Pac. Rep. 887.

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gian P. Co. v. Hauthorn, S. C. Wis., April 17, 1888; 37 N. W. Rep. 825.

129. FRAUDS, STATUTE OF-Sale of Goods-Receipt and Acceptance.- -The evidence of an acceptance and receipt of a part of the property, under an agreement for the sale of personal property when no part of the price was paid at the time of making it, may be sufficient to answer the requirements of the statute of frauds.-Meyer v. Thompson, S. C. Oreg., April 16, 1888; 18 Pac. Rep. 16.

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130. FRAUDULENT CONVEYANCE - Change of Possession.- Where a sale of chattels is made and the bill of sale executed, and a mere formal delivery of possession to the vendee made and the chattels remains in possession of the vendor, under a lease thereof, such sale a matter of law is fraudulent as to creditors.-Betz v. Franz, S. C. Penn., May 7, 1888; 13 Atl. Rep. 940. 131. FRAUDULENT CONVEYANCES-Death of GrantorGrantee Creditors having general judgments against a debtor cannot issue executions thereon after his death, and when his estate proves insolvent they need not proceed further at law to entitle them to equitable relief as against his fraudulent grantee.-Lyons v. Murray, S. C. Mo., May 7. 1888; 8 S. W. Rep. 170.

132. FRAUDULENT CONVEYANCES-Husband and Wife. -When a conveyance from a husband to his wife is attached as a fraud on his then existing creditors, the burden of proving a consideration proportionate to the value of the land conveyed is on the grantee, and fuller proof is required than in transactions between strangers. Wedgworth v. Wedgworth, S. C. Ala., May 9, 1888; 4 South. Rep. 149.

133. FRAUDULENT CONVEYANCES-Husband and Wife. -If a husband, while solvent, who is trading with his wife's money, buys land which is conveyed to her, and he becomes insolvent, such land is not subject to his debts.-Buhl v. Peck, S. C. Mich., April 27, 1888; 37 N. W. Rep. 876.

134. FRAUDULENT CONVEYANCES-Knowledge by Agent. Knowledge by the attorney of a mortgagee who makes the loan at the time of taking the mortgage, that it was given by the mortgagor to hinder and defraud his creditor, will render the mortgage void as to creditors, though the mortgagee was ignorant, and though the agent was innocent of any intent to conspire in the fraud.— Wells v. McMahon, S. C. Wash. Ter., Feb. 2, 1888; 18 Pac. Rep. 73.

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135. FRAUDULENT CONVEYANCES-Sale in Haste. failing debtor refused an offer for his goods, because the money was to be put in the hands of a trustee for his creditors. He thereafter made haste to sell it for the same price to a creditor, who knew of his condition. The consideration was paid partly by extinguishing the creditor's debt and in cash, which he used to pay other creditors: Held, that the sale was valid.-Carter v. Coleman, S. C. Ala., May 4, 1888; 4 South. Rep. 151.

136. FRAUDULENT CONVEYANCES-Secret Reservation. -A deed absolute in its terms, but intended only as a mortgage or security for a debt, executed by an insolvent or embarassed debtor, is fraudulent at law as against his existing creditors.-Campbell v. Davis, S. C. Ala., Feb. 28, 1888; 4 South. Rep. 140.

137. GUARDIAN AND WARD-Costs-Statutes.A probate court has no jurisdiction under the statute laws of Massachusetts to enter a judgment against a guardian for attorney's fees in a case in that court.- Willard v. Lavender, S. J. C. Mass., May 4, 1888; 16 N. E. Rep. 582; 6 N. Eng. Rep. 281.

138. HIGHWAYS-Establishment-Damages.--Plaintiff entered a timber-culture claim on which there were three springs, and also a homestead adjoining. The county commissioners, while he was in possession, but before he had acquired title, located a road placing the springs, which furnished him with water, in the middle thereof: Held, that he was entitled to damages. - Yakima County v. Tuller, S. C. Wash. Ter., Jan. 26, 1888; 17 Pac. Rep. 885.

189. HIGHWAYS-Establishment - Record.

-Town

ship records containing only a survey purporting to be a copy of the field notes of the survey of a road are in sufficient, under the Michigan law, to show a regularly laid out highway.-Kinger v. Le Blanc, S. C. Mich., April 27, 1888; 37 N. W. Rep. 880.

When the commis

140. HIGHWAY-Obstructions.sioner fails to serve an order on the occupant of land to remove his obstruction from the highway, such occupant in a suit for encroachment may prove title to the alleged highway without serving the notice on the com. missioner required, under the Michigan law.-Osborn v. Longsduff, S. C. Mich., April 27, 1888; 37 N. W. Rep. 923.

141. HIGHWAYS-Obstructions-Remedy.-An action cannot be maintained by a township trustee in the name of the township, restraining a road overseer of such township from preventing or interfering with the township trustee in removing an obstruction to a public highway.-Montana Tp. v. Ruark, S. C. Kans., April 7, 1888; 18 Pac. Rep. 61.

The

142. HOMESTEAD-Busines House — License.fact that defendant had not paid the county and city tax, and obtained a license as a merchant, does not subject his homestead, used for his business house, to a forced sale for carrying on an illegal business.-Gassaway v. White, S. C. Tex., April 17, 1888; 8 S. W. Rep. 117.

143. HOMESTEAD-Valuation-Heirs.- ———The rights of creditors and heirs as to a homestead allotment in the land of a deceased debtor should be determined as to value at the time of the death.-Pausot v. Tucker, S. C. Miss., April 23, 1888; 4 South. Rep. 113.

144. HUSBAND and Wife-Corporate Stock-Lex Loci Contractu.- -The right of a married woman to authorize her husband to pledge as security for his own debt corporate stock owned by her, the contract being made in the State of their domicile,shall be judged by the law of such State, and not by the law of the state governing the corporation.-Union Nat. Bank v. Hartwell, S. C. Ala., May 1. 1888; 4 South. Rep. 156.

145. HUSBAND AND WIFE-Deed.A joint signing, etc., of his wife's deed by a husband is a sufficient assent to comply with the requirements of the statute.-Clark v. Clark, S. C. Oreg., April 16, 1888; 18 Pac. Rep. 1.

146. HUSBAND AND WIFE-Deed-Separate Estate.Where lands are conveyed to a wife by her husband, she cannot, under the laws of Maine, convey the same without the joinder of her husband, but such joinder may be signified by his agreement to that effect under his land and seal in his wife's deed without his being a formal party to that deed.—Bray v. Clapp, S. J. C. Me., March 10, 1888; 13 Atl. Rep. 900.

-Code

An infant

147. HUSBAND AND WIFE- Joint Tenants.Miss. 1880, § 1167, removing the common law disabilities of married women, does not affect the limitations to their power over estates held in joint tenancy.-Gresham v. King, S. C. Miss., April 16, 1888; 4 South. Rep. 120. 148. INFANT-Wages-Waiver by Parent. was employed by and rendered service for another. It did not appear that the father made any claim for the wages, though he knew of the employment: Held, that in a suit for his wages the infant was entitled to recover.-Schoonover v. Sparrow, S. C. Minn., May 11, 1888; 37 N. W. Rep. 949.

149. INJUNCTION Threatened Trespass.— An injunction will not issue because the mortgagee of chattels, which are in possession of the mortgagor, threatens to foreclose and sell the property, though the debt has been paid.-Normandin v. Mackey, S. C. Minn., May 14, 1888; 37 N. W. Rep. 954.

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injunction would issue against defendants.-Hunt v. Steese, S. C. Cal., April 26, 1888; 17 Pac. Rep. 920.

-An

151. INN-KEEPER-Lien-Principal and Agent.inn-keeper has no lien on the goods of his guest, which he knows belong to a third person. A drummer, who is a transient guest at an hotel, does not bind his employer for board furnished to him from time to time for an extended period, when it is his custom to pay cash, and notice of the failure of the drummer so to do is not given to the merchant.-Covington v. Newberger, S. C. N. Car., April 16, 1888; 6 S. E. Rep. 205.

152. INSANITY- Committee.- -Where, upon an inquisition of lunacy, it is found that the party is a lunatic, and that certain named persons are his wife and children, and the committee proceeds to apply the income of the estate to the support of those persons: Held, that the committee is entitled to credit for such expenditures, although it is proved that the alleged wife was the mistress of the lunatic and the children illegitimate.-Appeal of Halsey, S. C. Penn., April 30, 1888; 13 Atl. Rep. 934.

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153. INSOLVENCY Keeping Books. -One who has purchased timber and prepares and sells it, delivering it to customers, is a trader, within the meaning of an insolvent debtor law, and is not entitled to his discharge unless he keeps regular books of account.-In re Merry field, S. J. C. Me., March 6, 1888; 13 Atl. Rep. 891.

154. INSOLVENT-Discharge-Constitutional Law.The insolvent law of Washington Territory, in so far as it provides for a jury of less than twelve to try the question of fraud by the insolvent on his application for a discharge, is unconstitutional.-Thomas v. Hilton, S. C. Wash. Ter., Jan. 6, 1888; 17 Pac. Rep. 882. 155. INSURANCE-Accident. A policy of accident insurance which provides that the insured shall be paid if the accident completely disables him from every kind of business, means that the accident must be such as will destroy his ability to do any manner of work connected with his business.-Young v. Travelers', etc. Co., S. J. C. Me., March 8, 1888; 13 Atl. Rep. 896.

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158. INSURANCE - Principal and Agent.- Where a party applies to a broker for a policy of insurance, and the broker writes out an application containing false statements and forwards it to the insurance agent, the applicant is liable if the broker was his agent, or if he made false representations to the broker. It is otherwise if the broker was the agent of the insurance company.-Commercial, etc. Co. v. Elliott, S. C. Penn., May 7, 1888; 13 Atl. Rep. 970.

159. INSURANCE-Total Loss - Breach of ConditionWaiver. Under Wisconsin law, when insured real property is wholly destroyed, the company is liable for the face of the policy, and the real value of the property is immaterial. When an adjuster, knowing of a breach of condition by the assured, attempts to adjust the loss, thereby causing the insured expense and trouble, the forfeiture is waived.-Oshkosh G. L. Co. v. Germania F. I. Co., S. C. Wis., April 17, 1888; 37 N. W. Rep. 819.

160. INTOXICATING LIQUORS-Licenses-Injunction. If the action of the county commissioners in granting licenses for the sale of intoxicating liquors is erroneous, the remedy is by appeal or certiorari, and not by injunction.-Northern P. R. Co. v. Whalen, S. C. Wash. Ter.. Jan. 30, 1888; 17 Pac. Rep. 890.

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