the association among those who were themselves obligated indirectly to such payment.

With reference to the other certificate holders no exceptions have been filed to the auditor's report, and there is nothing for us to consider. That they are entitled to a distribution among them of the remainder of the assets of the association, after the payment of the Stuart claim, we regard as beyond question. It has been held that the Commercial Alliance Company is not entitled to them, and is not entitled to participate in any distribution until the certificate holders are satisfied; and as the assets are far from sufficient to pay the certificate holders, there is, of course, nothing for the Commercial Alliance Company. There is nothing for the Endowment Association, for it is hopelessly insolvent, and has gone out of existence. There is nothing for its stockholders, for its stockholders cannot come in advance of the certificate holders, or equally with them. The certificate holders, who, while the association was in active existence, and before it became insolvent. had only possibilities that might thereafter accrue into claims, and who at that time were debtors rather than creditors of the association, became actual creditors by its insolvency and the settlement of its affairs. Their liability to contribute further in the way of assessments was thereby terminated; and, as they had paid to the association various sums from time to time on the faith of their contracts of insurance, they became entitled to an accounting as to the present value of such contracts on the basis of what is designated as the surrender value of their certificates or policies of insurance. For that these certificates have a surrender value under the circumstances, equally as ordinary policies of insurance under similar circumstances, we have no doubt. Equity has established such surrender value in regard to the ordinary policy; and the theory has been accepted and extended by the insurance companies to cases where the insured desire to withdraw from the contract, while it is yet executory. There is no reason to refuse to extend the same rule to these certificates of endowment.

NOTE.-Correlative Rights of Stockholders, Policy Holders and Creditors on the Insolvency of Life Insurance Societies.-The insolvency of insurance companies, both stock and mutual, has given frequent occasion for litigation. Many of such companies are often based on some plausible but impractical scheme, devised by promoters interested more largely by their own returns therefrom than in the welfare of those whom they have inveigled therein. The courts on such cases are always willing to favor the policy holder at the expense of the promoter or stockholder, and the creditor than either of the others.

It is now well settled that when a regular life insurance company becomes insolvent and dissolves, the claims of policy holders become debts due in praesenti. McDonnell v. Alabama Gold Life Insurance Co., 85 Ala. 401, 5 So. Rep. 120. And this is so even against provisions in the charter. Thus, in New York, it was held that the holder of an unma

tured life insurance policy in a dissolved stock company is a creditor, and not a partner, and is entitled to share with other creditors in the assets, though the company's charter provided that at certain intervals the net profits should be paid; 20 per cent to the stockholders, and 80 per cent to the policy holders. People v. Annuity Co., 78 N. Y. 114, 34 Am. Rep. 522.

The insolvency of an insurance company cancels all policies as to future losses. In re American Casualty Insurance Co., 82 Md. 535, 34 Atl. Rep. 778, 38 L. R. A. 97; Smith v. Insurance Co., 65 Minn. 283, 68 N. W. Rep. 28, 33 L. R. A. 511. So rice versa, all future obligations on the part of the insured are terminated by the insolvency. Farmers,' etc., Co. v. Smith, 63 Ill. 187; Bostick v. Maxey, 37 Tenn. 173. It has been held, however, that the mere fact that an insurance company was insolvent when it issued a policy does not make the policy void. Ewing v. Coffman, 80 Tenn. 79.

Since the insolvency of an insurance company is a breach of contract, the policy holders are entitled to recover the unearned premiums. Boston & A. R. Co. v. Deposit Co., 82 Md. 535, 34 Atl. Rep. 778, 38 L. R. A. 97; Smith v. Insurance Co., 65 Minn. 283, 68 N. W. Rep. 28, 33 L. R. A. 511; Relfe v. Insurance Co., 10 Mo. App. 393.

The question as to the priority of different classes of creditors is one of the difficult questions connected with this subject. In many states, for instance, statutes are in force giving a preference to clerks and employees of the insolvent insurance company for certain amounts of salary. In the first place, as to the fund out of which these claims are payable, under no circumstances can they be paid out of the special or trust fund deposited with the state treasurer, or any other trustee, for the benefit of the policy holders. They are payable only out of the general fund. Boston, etc., Co. v. Deposit Co., 82 Md. 535. As to who are employees under such statutes is sometimes difficult to ascertain. An attorney at law. is certainly not within this designation. Lewis v. Fisher, 80 Md. 139. It has also been held that the adjuster of an insurance company employed on salary is not a clerk or "employee" within the meaning of such a statute. Boston, etc. Co. v. Deposit Co., supra. In this case, it was said: It is clear that the word "employee" as used in the statute was intended to have a limited meaning and that it cannot be applied in its broadest sense, or as including everyone in the employment of a corporation. The object of the statute was to provide for the payment of the wages due to a certain class of persons to whom such wages were deemed always necessary for their support. The statute did not mean by "employees" persons rendering services of a higher degree than clerks.

As to priority between policy holders whose claims have matured before insolvency and those whose caims have matured after insolvency, the authorities are a little confusing. Thus, it has been in the absence of statute, claims for death losses before the dissolution of a stock life insurance company have no priority over claims under policies running at the time of dissolution. Relfe v. Insurance Co., 76 Mo. 594; Peoplo v. Insurance Co., 71 N. Y. 222; Commonwealth v. Insurance Co., 170 Pa. St. 172, 32 Atl. Rep. 405. In the last case cited it was held that where a life insurance company is adjudged insolvent and is dissolved, after the death of an insured but before payment to the beneficiary, the latter has no lien on the assets of the company but is simply the holder of a claim with

out preference, and entitled to a dividend with all other creditors. So, also, to the same effect: Guy v. Insurance Co. (Va.), 9 Ins. L. J. 466; Re International Life Assur. Soc. L. R. 5 Ch. 424; Re Municipal Ins. Co., 49 Minn. 296; Re Reserve Fund Assn., 131 N. Y. 354; People v. Insurance Co., 7 Abb. N. Car. 198. In some cases where the reserve fund is dedicated to payment of reserve certificates, and in mutual companies the holders of policies matured at the time of insolvency are preferred creditors. Mayer v. Attorney General, 32 N. J. Eq. 815; People v. Reserve Assn., 150 N. Y. 94, Farley v. Fee, 83 Md. 83.

Certificates in mutual companies which have matured before insolvency are entitled to share pro rata with the claims of creditors. North Carolina Ins. Co. v. Powell, 71 N. Car. 389; In re Educational Assn. 56 Minn. 171; Mayer v. Att'y Gen., 32 N. J. Eq. 815. Unmatured certificates, however, are to be subordinated to both creditors and matured certificates. Commonwealth v. Insurance Co., 112 Mass. 116 and authorities just cited. It has been held, however, that the holders of endowment policies in a mutual company whose policies have not matured at the date of the company's insolvency, although all premiums have been paid, are not entitled to be preferred to the holders of policies upon which premiums may still be called for. Mayer v. Attorney General, 32 N. J. Eq. 815, reversing Vanatta v. Insurance Co., 31 N. J. Eq. 15.

JETSAM AND FLOTSAM.

A CRISIS IN THE STRUGGLE BETWEEN CAPITAL AND

LABOR.

Events have moved quite rapidly in the labor situation this week, and there are now more men idle in industrial lines than at any time since the coal strike of 1902 ended. The building and allied trades as yet seem to monopolize the most of this unrest, and the chief storm center is New York, where 50,000 men are reported idle and $17,000,000 worth of building is tied up. Lesser centers of disturbance are found In widely separated places, but New Haven, Chicago, Kansas City, Portland, Oreg., Cleveland, Omaha and Denver come in for prominent mention when labor troubles are discussed. New York, because of the vast interests involved and the disposition of the employers to call a halt upon the unreasonable demands of organized labor, is prominently in the public eye. Some five monts ago Bradstreet's called attention to the probability that the building trades would be the next great industry to be harried by labor disturb ances, and instanced the complaints then general that, owing to vexatious restrictions by unions and other troubles, building in New York was twice as expensive as in other smaller centers. Led by the building material men, the employers have defied the unions, work has very generally stopped as soon as supplies on hand have been exhausted, and what is termed a fight for the right of employing builders to conduct their operations free from vexatious interference by representatives of organized labor is now on. In other words, a struggle for industrial independence has begun, and there is talk of a national organization of employers of labor being formed.-Bradstreet's for May.

BOOKS RECEIVED

Manual of Forensic Quotations. By Leon Mead and F. Newell Gilbert. Introduction by John W. Griggs. New York, J. F. Taylor & Company, 1903. Cloth, pp. 207. Price $1.50. Review will follow.

HUMOR OF THE LAW.

"Children," asked the school committeeman, "what is Political Economy?"

"Political Economy," answered the precocious son of the district boss, "is getting men to vote for you as cheap as you can."

CORRESPONDENCE.

THE INITIATIVE AND REFERENDUM UNDER THE FEDERAL CONSTITUTION.

To the Editor of the Central Law Journal:

I was very much interested in an article in your issue of the 27th of March, by Hon. Thomas A. Sherwood, which, from its merit, was entitled to arrest public attention. I have ascertained the line of argument pursued by Judge Sherwood is strongly fortified by the action of congress and a text-writer of the highest ability, and I herewith enclose a brief contribution, pointing out those authorities, which I would be very glad to have you insert in your LAW JOURNAL so as to appear in its next issue. I think it is but justice to Judge Sherwood that such cogent authority in favor of his position should be brought to the public mind as early as possible.

Yours very truly,

HENRY W. BOND. [The "brief contribution" referred to by Judge Bond we publish on page 444 of this issue. Judge Bond was until recently one of the associate justices of the St. Louis Court of Appeals, and is favorably regarded a jurist of strong reasoning faculties. The subject referred to in this letter has provoked much controversy among our subscribers, but so far the "authorities" seem to be equally divided and in "hopeless conflict." The addition of Judge Bond to the side of Justice Sherwood throws the weight of authority a little in that direction. Ed.]

IOWA, 1, 4, 5, 7, 11, 12, 21, 23, 24, 25, 26, 27, 33, 36, 42, 43, 51, 54, 55, 63, 70, 72, 74, 76, 77, 82, 83, 84, 87, 88, 95, 96, 97, 98, 100, 103, 108, 110, 113, 119, 120, 122, 124, 126, 132, 133, 134, 141, 142. KENTUCKY

LOUISIANA.
MICHIGAN.
MINNESOTA

MISSISSIPPI.
MISSOURI..
MONTANA.
NEBRASKA..
NEVADA.
NEW YORK.
OREGON..
TENNESSEE...

TEXAS

WASHINGTON

46, 57, 91 .47, 58, 66, 71, 89, 106, 118, 125 44

.31, 86, 99, 109, 112, 138 ..136

.32, 45, 50 .90, 143

19, 20, 29, 48, 58, 62, 67, 69, 101, 129

.35

..80, 105, 107, 121, 127, 128

.28

..38

..6, 30, 34, 39, 41 .10, 18, 40, 60, 78, 85, 135, 137

ance of sum then due him held no accord and satisfaction. Walston v. F. D. Calkins Co., Iowa, 93 N. W. Rep.

49.

2. ADJOINING PROPRIETORS Dumping Earth on Adjoining Land. Where an owner of land, in grading the same and filling up ravines therein, fails to take proper precautions to confine the earth placed in said ravines and prevent its being carried on the land of his neighbor, whereby injury results to the latter, the case is not one of damnum absque injuria, but the owner is liable for said injury.-American Trust Co. v. Lyons, D. C. App., 31 Wash. Law Rep. 112.

3. ADMIRALTY-Jurisdiction.-The fact that the federal courts have no admiralty jurisdiction to compel the sale of a vessel and a division of the proceeds, where there is a majority owner, does not affect the jurisdiction of state courts to afford such relief. Reynolds v. Nielson, Wis., 93 N. W. Rep. 455.

4. ADVERSE POSSESSION-Dried-up River Bed.-Where the bed of a dried-up body of water is owned by either the federal government or the state, no claim of adverse possession of such land can be made. - Carr v. Moore, Iowa, 93 N. W. Rep. 52.

5. APPEAL AND ERROR Abstract. - A motion to dismiss an appeal for want of a sufficient abstract will be denied, where a subsequent certification of the record brought up all the material matters omitted. - Beale v. Patterson, Iowa, 93 N. W. Rep. 594.

6. APPEAL AND ERROR- Failure to File.-A statement of facts filed two months after termination of the term at which the case was tried, cannot be considered on appeal.-Wilcox v. League, Tex., 71 S. W. Rep. 414.

14. ASSAULT AND BATTERY Damages. A verdict of $500, in an action for assault and battery, in attempting undue familiarity with plaintiff and subjecting her to immoral solicitations, held not excessive. - Bruske v. Neugent, Wis., 93 N. W. Rep. 454.

15. ASSOCIATIONS-Arbitration.-A tribunal authorized by the rules of a voluntary association to try matters submitted to it under the rules has power to construe the rules as to its jurisdiction, when such rules will reasonably admit of two constructions. Bartlett v. L. Bartlett & Son Co., Wis., 93 N. W. Rep. 473.

-

18. ATTORNEY AND CLIENT Wife's Release of Rights. -Attorney of divorced wife held not to have power, in the absence of special authority, to waive her rights under a contract with the husband. - Budlong v. Budlong. Wash., 71 Pac. Rep. 751.

19. BENEFIT SOCIETIES Rights of Creditors. -A member of a beneficial association has no such interest in the proceeds of a certificate therein as will impress them with a trust in favor of his estate or his creditors.Warner v. Modern Woodmen of America, Neb., 93 N. W. Rep. 397.

21. BILLS AND NOTES - Checks. Where plaintiff received a check late Friday, and put it in course of collection on Monday, it was not error to refuse to charge that, if he did not present the check in a reasonable time and payment was refused, he could not recover. - Fritz v. Kennedy, Iowa, 93 N. W. Rep. 603.

22. BILLS AND NOTES - Non Est Factum.-In an action on a note, a plea of non est factum, alleging a material alteration, admits the execution of the note, so that it is admissible in evidence without preliminary proof of execution.-Brown v. Johnson Bros., Ala., 33 So. Rep. 683. 23. BOUNDARIES Where a boundary line was established by a surveyor in 1873, and a brick building erected on the line, and such line was acquiesced in until an error was discovered in 1890, the line so established was final.-O'Callaghan v. Whisenand, Iowa, 93 N. W. Rep. 579.

Acquiescence.

24. BOUNDARIES- Erection of Fence.-Where the line between adjoining tracts has been marked by a fence for more than ten years, such line will be regarded as the true boundary. - Lawrence v. Washburn, Iowa, 93 N. W. Rep. 73.

25. BOUNDARIES Riparian Owners. Government patents to land abutting on a body of water which was meandered, but should not have been, held to confer no ownership beyond the meander line. - Carr v. Moore, Iowa, 93 N. W. Rep. 52.

26. BROKERS - Commission -In an action by a broker for commissions, evidence that defendant, on refusing to convey, stated he would rather pay plaintiff commis. sions than lose an increase of the price of the land, held admissible. - McDermott v. Mahoney, Iowa, 93 N. W. Rep. 499.

27. BROKERS - Refusal to Convey. -Where a non-resi dent owner of land authorized a broker to sell for cash, he was not bound to complete a sale for the price asked, payable $50 down and the balance on delivery of deed and abstract.-Donly v. Porter, Iowa, 93 N. W. Rep. 574. 28. CARRIERS · Contributory Negligence. - One is not guilty of contributory negligence in riding on the footboard of an open car, where all the seats are occupied.Anderson v. City & Suburban Ry. Co., Oreg., 71 Pac. Rep. 659.

33. CARRIERS- Tickets. Acts 28th Gen. Assem. ch. 71, prescribing a penalty for the carrier's refusal to redeem tickets, held not to apply to tickets purchased by the holder for any other purpose than for transportation.Jolley v. Chicago, M. & St. P. Ry. Co., Iowa, 93 N. W. Rep. 555.

34. CARRIERS-Warehouseman.-The passenger having delayed 34 hours to call for his trunk, the carrier's liability therefor held only that of a warehouseman. - St. Louis & S. F. Ry. Co. v. Terrell, Tex., 72 S. W. Rep. 430. 35 CERTIORARI Dismissal of Action. Where, on service of a writ of certiorari, the successful party dis misses the action, the costs of the certiorari will be awarded petitioner. State v. Third Judicial District Court, Nev., 71 Pac. Rep. 664.

36. CERTIORARI — Municipal Corporations.-The question whether a city council has acted legally toward extending city limit may be reviewed on certiorari.—Moore v. City Council of City of Perry, Iowa, 93 N. W. Rep. 510. 37. CERTIORARI-Refusing to Remand.-Certiorari held not to lie to review an action of circuit court in refusing to remand a cause transferred to it from the county court.-State v. Circuit Court of Waukesha County, Wis., 93 N. W. Rep. 16.

38. CHAMPERTY AND MAINTENANCE- Adverse Possession- Where defendant held actual possession of a part of certain land, claiming title to a larger tract specified in its conveyance, a deed by plaintiff during such possession was champertous as to the entire tract.Green v. Cumberland Coal & Coke Co., Tenn., 72 S. W. Rep. 459.

39. CHATTEL MORTGAGES- Future Advances.--Where a chattel mortgage was given to secure a present debt, a subsequent oral agreement that it should cover future advances held void as to creditors of the mortgagor.F. Groos & Co. v. First Nat. Bank, Tex., 72 S. W. Rep. 402. 40. CHATTEL MORTGAGES Receiver. Where, in an action to foreclose a chattel mortgage, a sufficient emergency is made to appear, a temporary receiver may be appointed without notice. - Haggard v. Sanglin, Wash., 71 Pac. Rep. 711.

41. CIVIL RIGHTS Juries. - The overruling of a motion by a negro, to quash an indictment against him on the ground of discrimination because there were no negroes on jury, held not error. Martin v. State, Tex., 72 S. W. Rep. 386.

46. CONSTITUTIONAL LAW Intoxicating Liquors. -A city ordinance providing that one in possession of premises on which liquor is sold or furnished in violation of law shall be fined, held in violation of Bill of Rights, § 2, as an arbitrary exercise of power over the liberty and property of citizens.-City of Campbellsburg v. Odewalt, Ky., 72 S. W. Rep. 314.

47. CONSTITUTIONAL LAW-Vested Rights. - Where, when a judicial mortgage was executed, a homestead, to be effective under the constitution, had to be recorded, a subsequent alteration of the Constitution, not requiring such registration, would not affect such prior mortgage, so as to divest the vested rights of the mortgagee. -Blouin v. Ledet, La., 33 So. Rep. 741.

50. CONTRACTS-Division of Commission. A contract by an administrator to pay his surety on a new bond one half of his commissions held not invalid as a trafficking in the appointment of the administrator. — May v. Moore, Mo., 72 S. W. Rep. 476.

51. CONTRACTS-Taxation.-A contract between county supervisors and one employed by them to discover omitted taxes, whereby he is to be paid a proportion of taxes recovered, held not against public policy.-Disbrow v. Board of Sup'rs. of Cass County, Iowa, 93 N. W. Rep. 585.

52. CONTRACTS-Third Party.-Where A conveyed land to B on a contract by B, in case of a sale thereof, to pay certain third persons specified sums, held that, on a sale, B became absolutely indebted immediately to such third persons for the agreed sums. — Tweeddale v. Tweeddale, Wis., 93 N. W. Rep. 440.

53. CONVERSION- Trusts.-One of the beneficiaries of a trust in personalty held not able, by election, to change character of the trust from personalty to realty.-McWilliams v. Gough, Wis., 93 N. W. Rep. 550.

54. CORPORATIONS Contract of Employment. Though plaintiff sues on a contract of employment as vice-president, he may show he was to perform services not ordinarily performed by such an officer. Selley v. American Lubricator Co., Iowa, 93 N. W. Rep. 590.

55. CORPORATIONS-Trust Fund.-The purchase price of stock held not a trust fund for the benefit of the purchasers, though they hoped that the seller might by means of such money work them an indirect benefit.Loetscher v. Dillon, Iowa, 93 N. W. Rep. 98.

56. CRIMINAL EVIDENCE-Insanity. Where insanity is pleaded as a defense, evidence that during the period covered by defendant's conduct the defendant was under the influence of liquor, and was intoxicated at the time of the killing, is admissible. Porter v. State, Ala., 33 So. Rep. 694.

57. CRIMINAL EVIDENCE- Insanity. Witnesses who are acquainted with a person accused of a crime are competent to give their opinion as to his mental condition.-Wright v. Commonwealth, Ky., 72 S. W. Rep. 340.

58. CRIMINAL LAW-Preliminary Examination.-Waiv ing a preliminary examination in a misdemeanor case cures all defects in the warrant.- Everson v. State, Neb., 93 N. W. Rep. 394.

59. CRIMINAL TRIAL- Instruction. An instruction that the jury, being the sole judges of the law and of the facts, could ignore the law given by the court, was properly refused.-State v. Powel, La., 33 So. Rep. 748.

60. CRIMINAL TRIAL-Rape.- Misconduct of counsel in a criminal prosecution cannot be urged, unless the trial court was asked to correct it, and an exception taken.State v. Bailey, Wash, 71 Pac. Rep. 715.

61. CUSTOMS AND USAGES-Construction of Contract. Where the court holds that a contract has not been made with reference to a custom, evidence as to the existence of the custom is properly stricken out as immaterial.Withers v. Moore, Cal., 71 Pac. Rep. 697.

62. DAMAGES-Public Road.-A person is not estopped to deny the existence of a public road by the fact that he demanded damages for taking his land therefor, which were refused. Langan v. Whalen, Neb., 93 N. W. Rep. 393.

63. DAMAGES-Street Car Accident. - Future pain and suffering and loss of time constitute a proper element of damage for injuries received in a street car accident. -Stanley v. Cedar Rapids & M. C. Ry. Co., Iowa, 93 N. W. Rep. 489.

64. DESCENT AND DISTRIBUTION-Action on Bond.Action against the heirs of a surety on an executor's bond held not barred, though claim was not filed against the surety's estate which was settled before the executor's account was filed. -Wallber v. Wilmanns, Wis., 93 N. W. Rep. 47.

65. DISCOVERY-Interrogatories. Rev. St. § 1116, does not authorize the propounding of interrogatories which are of a fishing character, are not reasonably relevant,or seek to establish a forfeiture or to contradict a written instrument, or seek for privileged communications. Volusia County Bank v. Bigelow, Fla., 33 So. Rep. 704.

66. DISCOVERY-Parol Evidence. The answers of an adversary to interrogatories propounded may be contradicted by parol, where it is otherwise admissible. Bleu v. Savoie, La., 33 So. Rep. 729.

Le

72. EVIDENCE Street Car Gong. - Where witnesses who deny the ringing of a street car gong were in as good position to hear as those who affirm it, no presumption arises in favor of the ringing of the gong. Stanley v. Cedar Rapids & M. C. Ry. Co., Iowa, 93 N. W. Rep. 489. 73. EXECUTORS AND ADMINISTRATORS - Action on Bond Recovery of the full amount may be had on the executor's bond, though he was a beneficiary under the will, there having been no final order settling or distributing the estate. Wallber v. Wilmanns, Wis., 93 N. W. Rep. 47.

74. EXECUTORS AND ADMINISTRATORS-Claims Against Estate. The mere fact that the estate remains unsettled, is insufficient ground for equitable relief against the statutory bar for failure to notice a claim within the pre

scribed time.-In re Jacob's Estate, Iowa, 93 N. W. Rep. 94.

75. EXECUTORS AND ADMINISTRATORS — Claim for Board. To prove a contract of deceased to pay plaintiff for her board, they not being relatives, held that independent facts and circumstances are enough.- Oates v. Erskin's Estate, Wis., 93 N. W. Rep. 444.

76. EXECUTORS AND ADMINISTRATOR- Land Beyond Jurisdiction.-In action to set aside deed to land in Wisconsin, presumption held to be that Wisconsin statute was the same as the Iowa statute. Barringer v. Ryder, Iowa, 93 N. W. Rep. 56.

77. EXEMPTIONS-Life Insurance Policy.-Under Code, §3313, the mere statements by the insured in a life policy that he intended the proceeds to be used in payment of his debts do not give his creditors a right to such proceeds.-O'Melia v. Hoffmeyer, Iowa, 93 N. W. Rep. 497.

76. EXPLOSIVES-Negligence.-Leaving a box containing dynamite partially burned in the ground on a vacant lot, where children were accustomed to play, held actionable negligence.-Nelson v. McLellan, Wash., 71 Pac.. Rep. 747.

79. FERRIES-Exclusive Franchise.-Where a person is licensed to operate a ferry between two adjoining counties, he has a right to restrain another not so licensed from operating a ferry so near as to infringe on his ferry rights -Green v. Ivey, Fla., 33 So. Rep. 711.

80. FIRE INSURANCE-Contract to Obtain.-A contract to obtain fire insurance, held to require a policy of a company authorized to do business both at place of contract and where the property was.- Landusky v. Beirne, 80 N. Y. Supp. 238.

81. FIRE INSURANCE-Warranties. Where false answers were inserted in an application for insurance by insurer's agent, they constituted no defense to an action on the policy.-Parrish v, Rosebud Mining and Milling Co., Cal., 71 Pac. Rep. 694.

$2. FRAUDULENT CONVEYANCES - Actions Against Grantee.-Grantees in a fraudulent conveyance cannot be required to pay more than the value of the property received.-Morrison v. Houck, Iowa, 93 N. W. Rep. 593.

83. GARNISHMENT - Equitable Assignment.- Plaintiff in garnishment held not entitled to recover from the garnishee on the theory that a part of the fuud had been equitably assigned to plaintiff by the debtor.-Kerr v. Kennedy, Iowa, 93 N. W. Rep. 353.

84. GARNISHMENT - Liability of Garnishee.- Where a garnishee's answers showed possession by gift of property applicable to the judgment, it was not material that the defendant's insolvency was proved by evidence aliunde the answers of the garnishee.-Bolton v. Bailey, Iowa, 93 N. W. Rep. 596.

85. HEALTH-Barbers.-Laws 1901, p. 349, ch. 172, licensing and regulating barbers, held a valid exercise of police power to promote public health.-State v. Sharpless, Wash., 71 Pac. Rep. 737.

$6. HIGHWAYS-Frightened Horse.-In an action for injuries caused by an obstruction of a highway frightening a horse, the fact that other horses of ordinary gentleness were also frightened was competent evidence. -Nye v. Dibley, Minn., 93 N. W. Rep. 524.

87. HIGHWAYS-Taxes.-The assessment of taxes on fractional lots described by numbers, held not to estop the city from claiming a portion thereof, used as a highway, as a street.-City of Cedar Rapids v. Young, Iowa, 93 N. W. Rep. 567.

88. HOMESTEAD Conveyance.-A conveyance of a homestead at a time when it is actually occupied and used as such conveys a title free from any judgment lien against the grantor.-Mitchell v. West, Iowa, 93 N. W. Rep. 380.

89. HOMICIDE - Murder.-Where a husband knew of an insult to his wife the evening before the homicide, if, after waiting fifteen or eighteen hours, he then without a chance, slays the man supposed to be guilty, it is murder.-State v. Powell, La., 33 So. Rep. 748.