frequent perplexity, are those arising out of the Bankrupt Act of 1898 and its recent amendments. Any light that can be thrown upon these questions are welcomed by the lawyers of the county with open arms. Such undoubtedly will be the attitude of the profession toward the volume which we have undertaken to review at this time. Mr. Sidney Carning Eastman the author of this new work on the subject of bankruptcy is the referee in bankruptcy for the city of Chicago, and his long and varied experience in the bankruptcy litigation of one of the first commercial cities in the world fully equips him for speaking almost authoritatively on the questions arising out of the provisions of the Bankrupt Act and especially for suggesting the most correct and desirable forms. This work is a complete annotation of the National Bankruptcy Act of 1898 as amended February 5, 1903, containing also the orders in bankruptcy, the official forms and the United States equity rules. In this volume will be found all the decisions since 1898, digested and arranged under appropriate sections with full cross references, and all former bankruptcy acts, together with a list of judges, clerks and referees, with their jurisdictions. Published in one volume of 597 pages by T. H. Flood & Co., Chicago, Ill.

BOOKS RECEIVED

Probate Reports Annotated: Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law, with Notes and References. By George A. Clement, of the New York Bar. Author of Clement's Digest of Fire Insurance Decisions. Vol. VII. New York: Baker, Voorhis & Co. 1903. Sheep, pp. 800, Price $5.50. Review will follow.

HUMOR OF THE LAW.

In a recent lawsuit in Kansas a witness gave the following definition of drunkenness: "A man is drunk when he is unable for three days to sign the promissory note on which he wants to borrow money."

Sometimes a very innocent remark of the attorney will elicit valuable evidence. A prisoner was addressing the jury very effectively on his own behalf, but he spoke in a low voice, and, not hearing some of his observations, Lord Russell, who was conducting the case, said: "What did you say? What was your last sentence?" "Six months, my Lord," he replied.

A joint committee of the Louisiana legislature visited the state penal farms for the purpose of reporting on the work done by the board of control. The members of the committee spent some time talking with the negro convicts, and presently one of the negroes recognized a member of the committee, who is a rising young lawyer, not a thousand miles from New Iberia.

"You know Mr. B-?" inquired one of them. "Yaas, sah, I knows Mr. B- well. He's de one dun sent me heah," replied the darky, with a grin spread all over his face.

The man had not heard of Mr. B- officiating as a prosecuting attorney, and wanted to know how he came to send the convict there.

"He wuz mah lawyer, sah."

Clifford Boese, one of the clerks of the supreme court, tells this story of a lawyer of this city who went to a town in Kentucky to try a case. He was unacquainted with the district and the judge who was to preside, and thought of retaining a resident lawyer to act in his place. He was told not to go to that expense, but to quote Latin to the judge, who was very proud of his knowledge of that ancient language.

Quoting from the Year Books, as he did, did no good, for the jury brought in an adverse verdict. The lawyer then moved to set the verdict aside on the theory of the ancient and well-known law of "Non curanta com silibus nix." When his Honor agreed with him and ordered a new trial, the opposing counsel jumped up and said the theory of "Non curanta com silibus nix" was incomprehensible to him. "What does it mean?" he cried.

"I am sure I don't know," said the jugde, “but it knocks the spots out of your case."

In a western state, whose laws provide for a jury of six in suits before justices of the peace, a German was elected to that high and honorable office. The old gentleman was naturally smart and, being prosperous, was something of an oracle in the neighborhood; but law was a thing he knew as little about as the most of his predecessors and successors of the P. J. genus.

When his first case came on he listened with reasonable attention to the evidence, but with wrapt interest to the arguments of counsel for both plaintiff and defendant.

When the arguments were closed he appeared very ill at ease, and not until reminded that it was his duty to charge the jury did he offer any suggestion touching the case in hand. But he came up to the situation that confronted him like a man and a judge. "Gentlemens of der tschury," he said, "as dis ist mein first oxberience in tschargin' a tschury, I hartly knows vat do say do you. But as eet ist mein tuty to tscharge you somedings I vill do der pest vat I knows how.

"Eff you peleeves all vat der lawyer for der blaintiff haf said,den I tscharge you dot eet is your tuty to find your ferdict for de blaintiff, und assess hees tamages as you dink righdt, not do oxzeet five hundred tollars und der costs, vich you moost nod vorged.

"But eef, on der odder hant, you peleeves all vat der tefendant's lawyer haf said, den eet ees your tuty to find for der tefendant. In dot case you vill tschust do id, und say noddings apoudt it, oxcepding der costs, vich you moost not vorged.

"But, tschendlemens, if on der odder hant, you are ligke me apout dis matter, unt dondt peleeve a tamt vort vat eider one off dem haft saidt, den I doan know vot in der hell you are going ter to."

MINNESOTA.

MISSOURI..

101, 124, 126, .37, 73, 90, 95, 103, 123 ΜΟΝΤΑΝΑ. 47, 138 NEBRASKA, 5, 22, 29, 30, 32, 38, 45, 50, 55, 56, 58, 59, 69, 70, 72, 75, 79, 81, 85, 86, 89, 105, 108, 112, 119, 121, 127, 157, 167, 168 .2, 141 46 NEW YORK, 10, 12, 26, 27, 35, 48, 53, 60, 64, 65, 66, 71, 99, 100, 111, 116, 117, 140, 143, 150, 154, 156, 158

NEW JERSEY.. NEW MEXICO..

OKLAHOMA..

OREGON.

PENNSYLVANIA..

TENNESSEE...

TEXAS

UTAH....

WASHINGTON..

97

.11, 18, 49, 94, 102, 120

148 .4, 33, 34, 109

24, 28, 43, 44, 51, 52, 53, 68, 76, 60, 132, 136, 163, 171 UNITED STATES C. C.. .142, 159 UNITED STATES C. C. OF APP....... .14, 83, 129, 187 UNITED STATES D. C..... 13, 15, 16, 40, 145 .31, 57, 61, 152, 169 .36, 87, 88, 93, 110, 134, 135, 149, 151 .20, 41, 67, 96, 115, 118, 131, 162, 166 1. AGRICULTURE — Laborer's Lien. Where a minor, with teams of his father, plows the land of a creditor of his father, though entitled to a lien for his own services, he is not entitled to a lien for the services of the team.Tuckey v. Lovell, Idaho, 71 Pac. Rep. 122.

WISCONSIN....

5. APPEAL AND ERROR Record. In a suit in equity, where the court makes special findings and omits therefrom some facts, conclusively established by the evidence, essential to the decree, such fact, on appeal, will be treated as though found by the court. — Lynch v. Egan, Neb., 93 N. W. Rep. 775.

6. APPEAL AND ERROR- Record on Review. Where the record does not affimatively show that the casemade was made and served in time, the proceeding must be dismissed. - Johnson v. Johnson, Kan., 71 Pac. Rep. 518.

Ap

8. ASSIGNMENTS - Bank Deposit.-An attachment on a bank deposit will take precedence of an unpresented check drawn on a part of the deposit. - Donohoe-Kelly Banking Co. v. Southern Pac. Co., Cal., 71 Pac. Rep. 93. 9. ASSIGNMENTS FOR BENEFIT OF CREDITORS pointment of Receiver. - Death of assignor or discharge of assignee held not to revoke the trust, but creditors are entitled to a receiver to look after and apply uncol. lected assets. Andrews v. Wilson's Assignee, Ky., 71 S. W. Rep. 890.

10. ATTACHMENT- Discontinuance.-Where defendant in an attachment suit has not appeared, except specially, plaintiff has the right to discontinue.-Straus v. Guilhou, 80 N. Y. Supp. 180.

11. ATTORNEY AND CLIENT-License Tax.-An attorney at law held liable to license tax imposed by the legislature or by a municipality. Lent v. City of Portland,

Oreg., 71 Pac. Rep. 645.

12. BAIL-Liability of Surety.-An undertaking to pro

13. BANKRUPTCY – Discharge. The destruction by a bankrupt, at a time when he was contemplating the filing of a petition in bankruptcy, of the books of account of a firm of which he had formerly been a member, and which were material to a proper understanding of his financial condition, is ground for refusing him a discharge. In re U. S. D. C., N. D. Ga., 120 Fed. Rep. 42. 14. BANKRUPTCY Preference. Where property was acquired by a bankrupt from a transferror, who was indebted to a creditor, such creditor held not entitled to set off a credit for such property against a subsequent preference under Bankr. Act, § 60, par. "c," U. S. Comp St. 1901, p. 3445.-Carleton Dry Goods Co. v. Rogers, U. S. C. C. of App., Fifth Circuit, 120 Fed. Rep. 14. 15. BANKRUPTCY Seizure of Property. Bankr. Act. 1898, § 69, U. S. Comp St. 1901, p. 3450, held not to authorize the issuance of a warrant for the seizure of an alleged bankrupt's property, against whom an involuntary petition is pending on the application of the petitioning creditors, supported by the bankrupt's affidavit, waiving the statutory proof and the required bond. — In re Sarsar, U. S. D. C., W. D. Tenn., 120 Fed. Rep. 40.

16. BANKRUPTCY - Traveling Gambler.-Under Bankr.. Act 1898, § 2, U. S. Comp. St. 1901, p. 3420, the federal district court, held without jurisdiction to adjudge a traveling gambler a bankrupt, where he had resided within the district but two months.-In re Williams, U. S. D. C., E. D. Ark., 120 Fed. Rep. 34.

17. BANKS AND BANKING Check Paid After Drawer's Death. A bank paying a check with notice of the death of the drawer is liable to his estate. Pullen v. Placer County Bank, Cal., 71 Pac. Rep. 83.

18. BENEFIT SOCIETY

Burden of Showing Suicide.In an action on a benefit certificate, burden was on defendant to show death by suicide. Cox v. Royal Tribe of Joseph, Oreg., 71 Pac. Rep. 73. 19. BILLS AND NOTES-Acceptance.-The drawee of an order to pay money, is not liable thereon to the holder until after acceptance. Shutt Imp. Co. v. Erwin, Kan.,.

71 Pac. Rep. 521.

21. BILLS AND NOTER-Equitable Defense.-Where the payee of a note made an equitable assignment thereof.. and after maturity indorsed the same, the right of the makers to set up any defense against the payee was not. defeated.-Reese v. Bell, Cal., 71 Fac. Rep. 87.

22. BOUNDARIES Agreed Line. Where the true boundary line between adjoining owners is uncertain,. an executed agreement to accept a certain line is binding, although the boundary agreed upon may not be the true line.-Lynch v. Egan, Neb., 93 N. W. Rep. 775.

23. BOUNDARIES-Government Plat.-The government. plat, under which sale of a fractional township was. made, showing it was bounded by a river, and not the meander lines run by the surveyor, held to control.-Hendricks v. Feather River Canal Co., Cal., 71 Pac. Rep..

496.

24. BREACH OF MARRIAGE PROMISE - Construction of. Correspondence. The construction of correspondence claimed to contain a promise of marriage is not for the court; some of the letters being lost, and oral testimony thereof being given.-Barber v. Geer, Tex., 71 S. W. Rep.. 792.

25. CARRIERS-Contract of Carriage.-A railroad ticket,. containing a full printed contract, signed in ink by the purchaser, is conclusive evidence to the conductor of the contract between the carrier and the passenger as to the time the ticket continues in fore.-Rolfs v. Atchison,. T. & S. F. Ry. Co., Kan., 71 Pac. Rep. 526.

26. CARRIERS Invitation to Board. The slowing up of a street car after being signaled held not an invitation to the one who signaled, to board the car before it stops. -Monroe v. Metropolitan St. Ry. Co., 80 N. Y. Supp. 177.

27. CERTIORARI-Rulings of Commissioner.-On certiorari to review the removal of the chief of the fire department, the question of the erroneous rulings of the commissioner is for the appellate division. — People v. Sturgis, 80 N. Y. Supp. 194.

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Rev. St.

31. CONSTITUTIONAL LAW - Police Power. § 4234, prohibiting the keeping open on Sunday of places of business, held a proper exercise of the police power. -State v. Sopher, Utah, 71 Pac. Rep. 482.

32. CONSTITUTIONAL LAW Repeal of Ordinance. Where a warrant has been drawn pursuant to an appro. priation for the salary of a municipal officer, and an alternative writ of mandamus has been served to compel delivery of the warrant, an ordinance, pending the action, assuming to repeal the ordinance making the appropriation, held void. Moores v. States, Neb., 92 N. W. Rep. 733.

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33. CONSTITUTIONAL LAW "Union Label" Ordinance. -An ordinance requiring all city printing to bear the union label held in violation of Const. U. S. Amend 14, §1.- Marshall & Bruce Co. v. City of Nashville, Tenn., 71 S. W. Rep. 815.

34. CONTEMPT - Decoying Witnesses Out of State.Under Shannon's Code, § 3918, subsecs. 3, 6, held no con. tempt of court to induce person to leave the state to keep him from testifying.-Scott v. State, Tenn., 71 S. W. Rep. 824.

35. CONTRACTS - Definiteness.

A contract by an actress for the season of a play to commence May 12, 1902, held not so indefinite as to be unenforceable. Shubert v. Angeles, 80 N. Y. Supp. 146.

36. CONTRACTS-Delay in Completing Work.-Building contract construed not to require the submission to architect or arbitration of the question of the damage caused by contractors' failure to complete the building within the time agreed.-Drumheller v. American Surety Co., Wash., 71 Pac. Rep. 25.

37. CORPORATIONS Foreign. -A foreign corporation, admitted to do business in the state either by comity or by express statutory provisions, can transact only the business which a domestic corporation of like character is authorized to transact. State v. Cook, Mo., 71 S. W. Rep. 829

38. CORPORATIONS- Sale of Capital Stock.-The gen. eral manager of a corporation, effecting a sale of the entire capital stock, acts as the agent of all the stockholders.-Barbar v. Martin, Neb., 93 N. W. Rep. 722.

39. CORPORATIONS.-Transfer of Stock.- Where stock has been pledged, and tranferred by indorsement and delivery, and is thereafter attached by a creditor of the stockholder, the attachment is valid only as to the interest of such stockholder after the debt has been paid. -Mapleton Bank v. Standrod, Idaho, 71 Pac. Rep. 119.

41. COSTS Failure to Secure - On plaintiff's failure to comply with an order requiring security for costs and staying proceedings, an order dismissing the action was proper. Colbeth v. Colbeth, Wis., 93 N. W. Rep. $29.

42. CRIMINAL EVIDENCE-Substance of Confession.One may testify to a confession he heard, though he can give only the substance thereof.-Green v. State, Md., 54 Atl. Rep. 104.

43 CRIMINAL LAW-Absence of Witnesses - Where a witness was old and decrepit, and temporarily sick, but it was not shown that he would ever be able to attend, a continuance for his absence was properly denied.Kelly v. State, Tex. 71 S. W. Rep. 756.

44. CRIMINAL LAW-Bill of Exceptions.-That the evidence did not justify the death penalty cannot be reviewed, where there is no bill of exceptions or statement of facts in the record.-Harkey v. State, Tex., 71 8. W. Rep. 754.

45. CRIMINAL LAW-Common Law.-No person can be punished in Nebraska for any act not made penal by the written law.-State v.De Wolfe, Neb.,93 N.W. Rep.746.

46. CRIMINAL LAW-Remarks of Judge.-Thongh the court may err in remarks to the jury, error will not lie unless the counsel point out the mistake and ask the court to instruct the jury to disregard his remark.-Territory v. Taylor, N. M, 71 Pac. Rep. 489.

7. CRIMINAL TRIAL-Assistant Prosecuting Officer.In a criminal case it was proper to permit an attorney to appear as an assistant for the prosecuting officer and participate in the trial though he was being compen sated by private persons.-State v. Tighe, Mont., 71 Pac. Rep. 3.

48. CRIMINAL TRIAL-Excluding Public.-On examination by a magistrate of an information charging a certain person with keeping a gaming house, the magistrate may exclude the public.-People v. Wyatt, 80 N. Y. Supp.

198.

49. DAMAGES-Contract of Sale.-Under an allegation of pecuniary injury, a party may recover as general dam. ages the quantuin of loss that is necessarily sustained through the act of which he complains.-Bussard & Bobson v. Hibler, Öreg., 71 Pac. Rep. 642.

50. DAMAGES-Injury to Feelings-Where, in an action for damages, injury to the feelings is alleged, direct proof of damage is not indispensable, but the existence is to be determined from the circumstances disclosed.Hoover v. Haynes, Neb., 93 N. W. Rep. 732.

51. DAMAGES-Mortality Tables.-Where there was evidence that plaintiff's injuries were permanent,life tables were admissible in evidence.-Galveston, H. & S. A. Ry Co. v. Mortson, Tex., 71 S. W. Rep. 770.

52. DEPOSITIONS-Suppressed. Where a deposition had been suppressed on formal motion before trial, it was error to admit it în evidence while the order suppressing it had not been set aside-Long v. Fields, Tex., 71 S. W. Rep. 774.

53. DISCOVERY-Advancement. In an action by a broker to recover for services and for advancements, an application by defendant for a general inspection of the broker's books before answer held error.-Seligsberg v. Schepp. 80 N. Y. Supp. 154.

54. ELECTIONS - Faulty Petitions.-A petition for mandamus to compel a committee of a political party to recount the ballots at a primary election, which failed to allege any fraud, mistake, or wrongdoing, held demurrable.-Henry v. Secrest, Ky., 71 S. W. Rep. 892.

55. ELECTRICITY - Dangerous Current.-An electric light company is under duty to exercise all reasonable precaution against passing a dangerous current of electricity through a guy wire attached to a pole.-New Omaha Thomson-Houston Electric Light Co. v. Johnson, Neb., 93 N. W. Rep. 778.

56. EMINENT DOMAIN — Riparian Right.-While a ripa. rian proprietor has the right to the ordinary natural flow

of the stream, this rule furnishes no basis for compensation where water is appropriated for irrigation purposes. Crawford Co. v. Hathaway, Neb., 93 N. W. Rep. 781.

57. ESCROW - Delivery to Grantee. A deed to a corporation before it is organized, placed in the hands of a promoter, to be delivered when the corporation is formed, and then delivered to it, is valid, and conveys the title to it from the time of such delivery.-Santaquin Min. Co. v. High Roller Min. Co., Utah, 71 Pac. Rep. 77. 58. ESTOPPEL-Decree of Foreclosure. -One purchasing property and retaining title to it under a decree of foreclosure will not be permitted to challenge the validity of such decree.-City of Lincoln v. Lincoln St. Ry. Co., Neb., 93 N. W. Rep. 766.

59. EVIDENCE- Diverting Water.- The supreme court will take judicial notice of the fact, where irrigation has been found necessary to successful agriculture, the custom has existed of diverting waters from the natural channels into irrigation canals and their application to the soil.-Crawford Co. v. Hathway, Neb., 93 N. W. Rep.

62. EXECUTION Redemption.-A purchaser of land at sheriff's sale acquires a qualified title sufficient to entitle him to redeem from another sale.-Pollard v. Harlow, Cal., 71 Pac. Rep. 648.

63. EXECUTORS AND ADMINISTRATORS — Allowance of Claim. The appearance in the probate court at a hearing on a claim against an estate, and consent to its allowance by one of two joint executors, held sufficient to bind the estate.-Cross v. Long, Kan., 71 Pac. Rep. 524.

64. EXECUTORS AND ADMINISTRATORS-Continuing Tes. tator's Business.-An executor, who continued testator's business of his own motion, was not entitled to credit for a salary payable to himself.-In re Peck,80 N.Y.Supp. 76.

65. EXECUTORS AND ADMINISTRATORS - Payment of Wife's Debts.-A provision of husband's will for the payment of his wife's debts held in the nature of a legacy, which the wife's executor and creditor was entitled to enforce.-Hallock v. Hallock, 80 N. Y. Supp. 61.

66. EXECUTORS AND ADMINISTRATORS-Traveling Expenses. An executrix cannot recover from the estate traveling expenses not necessary to the performance of her duties. In re Biggars, 80 N. Y. Supp. 214.

67. EXEMPTIONS - Chattel Mortgage. —A chattle mortgage of exempt personal property is void, where the signature of the mortgagor's wife is not witnessed as required by Rev. St. 1898, § 2313.—Lashua v. Myhre, Wis., 93 N. W. Rep. 811.

68. FIRE INSURANCE — Avoidance. - Cupola of building, blown off in a storm, held to be a material part of the building, within provision of fire policy by which it was voided if a material part of the building fell.-Home Mut. Ins. Co. v. Tomkies, Tex., 71 S. W. Rep. 814.

69. FIRE INSURANCE - Knowledge of Agent-An agent for an insurance company binds the company in all knowledge received by him in the filling out of the application; and where an applicant states the answer truthfully, and the agent enters false answers the company will be estopped by the statements of its agent.Fidelity Mut. Fire Ins. Co. v. Lowe, Neb., 93 N. W. Rep.

749.

70. FIRE INSURANCE —"Valued Policy Law."-Comp. St. 1899, ch. 43, § 43, known as the "valued policy law," is not in conflict with Laws 1891, ch. 33, authorizing the or

ganization of mutual insurance companies, so as not to be applicable to companies of that character. -Farmers' Mut. Ins. Co. v. Cole, Neb., 93 N. W. Rep. 730.

71. FRAUDS, STATUTE OF-Separate Memorandums.-In order to satisfy the statute of frauds, it is unnecessary that the terms of a contract of sale be contained in a single instrument.-Bristol v. Mente, 80 N. Y. Supp. 52.

72. FRAUDULENT CONVEYANCES-Homestead -Where a debtor sells his homestead, he may invest the proceeds in other lands within six months, or may exchange it for other land, to be conveyed to his wife clear from his debts.-Scheel v. Lackner, Neb, 93 N. W. Rep. 741.

73. FRAUDULENT CONVEYANCES-Husband and Wife.Where stock belonging to a wife was temporarily transferred to her husband's name, her right thereto was not affected, as against a creditor of her husband who knew the facts and gave no credit relying on such transfer.-Loy v. Rorick, Mo, 71 S. W. Rep. 842.

74. FRAUDULENT CONVEYANCES-Lien for Labor.-A debtor cannot donate earnings of teams belonging to him to his infant son, to avoid payment of his debts to a creditor, for whom such infant son with such teams per forms labor.-Tuckey v. Lovell, Idaho, 71 Pac. Rep. 122.

75. FRAUDULENT CONVEYANCES-Notes.-An indebtedness on notes, which is incorporated with other indebtness into other notes, and finally merged into a judg. ment on the last note, will be held to have existed from the inception of the first note.-Omaha Brewing Ass'n v. Zeller, 93 N. W. Rep. 762.

76. GAMING- Sale for Illegal Purpose.-An action may not be maintained for the price of an article designed exclusively, to the knowledge of the seller, for gambling. -Ohlson v. Wilson, Tex., 71 S. W.Rep. 768.

77. GIFTS-Death of Doner.-A check being delivered for the purpose of a gift, but not presented till after the drawer's death, the gift is revoked. - Pullen v. Placer County Bank, Cal., 71 Pac. Rep. 83.

78. HIGHWAYS-Negligence of Driver.-The driver of a delivery wagon, by which plaintiff was injured while on a public street, held guilty of negligence justifying a recovery.-Wikberg v. Olson Co., Cal., 71 Pac. Rep. 511. 1 79. HIGHWAYS Surface Water. A county is not liable to landowners for injuries caused by the discharge of surface water diverted from its natural course.-Stocker v. Nemaha County, Neb., 93 N. W. Rep. 721. 80. HOMESTEAD - Head of Family. An unmarried woman, under a moral obligation to look after certain nephews and nieces living with her, held the head of a family, and as such entitled to a homestead exemption. -American Nat. Bank v. Cruger, Tex., 71 S. W. Rep. 784. 81. HOMESTEAD - Injunction. The destruction of a fence by a trespasser, and his threat to repeat such act as often as the fence should be replaced, entitles the owner of the premises invaded to an injunction against the trespasser, even though the latter may not be insolvent. Lynch v. Egan, Neb., 93 N. W. Rep. 775.

83. INDICTMENT AND INFORMATION - Conviction.- A conviction based on several counts of an indictment will not be reversed, if any of the counts are sufficient. Milby v. United States, U. S. C. C. of App., Sixth Circuit, 120 Fed. Rep. 1.

84. INFANTS-Guardian Ad Litem. On an application for admission of a will to probate, a nonresident may be appointed guardian ad litem to minor heirs.- Pine v. Callahan, Idaho, 71 Pac. Rep. 473.

85. INJUNCTION-Taxpayer.- Unauthorized action under color of office by municipal authorities, injuriously affecting the interest of a taxpayer and for which he has no direct remedy at law, warrants an injunction.-Poppleton v. Moores, Neb., 93 N. W. Rep. 747.

90. JUDGMENT- Mistake in Summons. Where one of several defendants was misled by a mistake in the summons as to the time of appearance, and did not appear, a default judgment entered against him should be vacated.-Patterson v. Yancey, Mo., 71 S. W. Rep. 845.

91. JUDGMENT-Res Judicata.-Attaching creditors, recovering judgment for the wrongful conversion of the proceeds of an attachment sale against the sheriff and his sureties, held estopped from suing on a latter bond for such conversion. Work v. Kinney, Idaho, 71 Pac., Rep. 477.

92. JURY - Challenge. Where a juror has no fixed opinion on the merits, and has no prejudice as to either party, a challenge for cause should be overruled. — Pine v. Callahan, Idaho, 71 Pac. Rep. 473.

93. LANDLORD AND TENANT-Fixtures.- Where a tenant enters into a new lease, making no mention of a former lease or tenancy, and with no reservation for removal of fixtures placed under the former lease, his right to remove fixtures is thereby precluded.- Spencer v. Commercial Co., Wash., 71 Pac. Rep. 53.

94. LICENSES-Attorneys at Law.-Portland City Charter, subd. 33, authorizing the imposition of a license tax on certain trades and business, held not invalid on the ground that it authorized the taxation of trades without restriction.-Lent v. City of Portland, Oreg., 71 Pac. Rep.

97. LIMITATION OF ACTIONS-Burden of Proof.-Where, in an action on a note, defendant, without denying its execution, pleads limitations, and plaintiff introduces a note barred on its face by limitations, defendant may rest his case on such evidence. Bradford v. Brown, Okla., 71 Pac. Rep. 655.

98. LIMITATION OF ACTIONS- Effect of Acknowledg ment.-Acknowledgment in writing of the existence of a mortgage, executed by the successors in interest of the mortgagor, operates to set a new date for limitations to run from as to the mortgage. Foster v. Bowles, Cal., 71 Pac. Rep. 494.

99. LIMITATION OF ACTIONS-Retroactive Statute.-An amendment to a statute of limitations may lawfully be retroactive. In re Moench's Estate, 80 N. Y. Supp. 222. 100. LIMITATION OF ACTIONS - Reviving Barred Judg. ment.-Amendment of statute of limitations cannot re

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102. LOTTERIES Voting Contest. Advertising contract for distribution of pianos by voting contest held not to contemplate lottery, in violation of Const. art. 15. § 4, and Bel. & C. Ann. Codes & St. § 1959.-Quatsoe v. Eggleston, Oreg., 71 Pac. Rep. 66.

103. MANDAMUS-Alternative Writ.- Where, in mandamus proceedings, the parties agree to waive the issuance of an alternative writ and consent to present the issue by a demurrer to the petition, the court will hear the matter in such form. - State v. Cook, Mo., 71 S. W. Rep. 829.

104. MASTER AND SERVANT Work and Labor. — A judgment, in an action for services alleged to have been performed at the joint request of defendants, cannot be sustained without evidence that the services were requested by both defendants.-Johnson v. Lawson, Colo., 71 Pac. Rep. 652.

105. MECHANIC'S LIENS-Personal Property. - A judgment establishing a mechanic's lien on a building on land not belonging to the owner of the building, and ordering it sold, decrees that the building is personal property.-Shull v. Best, Neb., 93 N. W. Rep. 753.

108. MUNICIPAL CORPORATIONS - Billard Hall. — In a suit against a city for damages in consequence of being unable to rent his property for a billiard hall because of a city ordinance, plaintiff must show an application to the city for a license, under Comp.St., ch. 14, § 69, subd. 2, and cannot question the validity of the ordinance.Flick v. City of Broken Bow, Neb., 93 N. W. Rep. 729.

109. MUNICIPAL CORPORATIONS-Constitutional Law.An ordinance requiring all city printing to bear the union label held contrary to public policy.-Marshall & Bruce Co. v. City of Nashville, Tenn., 71 S. W. Rep. 815.

110. MUNICIPAL CORPORATIONS- Defective Sidewalks. -A notice of claim against a city for damages caused by a defective sidewalk made and served in time held not invalid because of a mistake in the date of the jurat to the verification.-Bell v. City of Spokane, Wash., 71 Pac. Rep. 31.

111. MUNICIPAL CORPORATIONS-Sewer Improvements. Front-foot rule of assessments for sewer improvements held improper under laws 1897, ch. 414, art 10, § 268, when not resulting in assessments in compliance with such charter. - Appeal of Wheeler, 80 N. Y. Supp.