sold under judicial process that is subject to such lien. Laws creating liens in favor of mechanics are enacted with reference to that class of property which may be so sold. The remedy of the mechanic is to obtain judgment against the municipal corpora tion, and then to enforce its payment by mandamus.” 2 Dillon, Municipal Corp. (4th ed.) 577. See further on the subject: Leonard v. City of Brooklyn, 71 N. Y. 498, 27 Am. Rep. 80 and note; Loving v. Small, 50 Iowa, 271, 32 Am. Rep. 136; Board of Comrs. v. O'Conner, 86 Ind. 531, 44 Am. Rep. 338; Peterson v. Reform School, 92 Pa. St. 229; Thomas v. University University, 71 Ill. 310; Atascosa County v. Angus, 83 Tex. 202, 29 Am. St. Rep. 637; Chapman, etc. Co. v Oconto Water Co., 89 Wis. 264, 46 Am. St. Rep. 830. Other cases are collected in note to Lyon v. McGuffey, 43 Am. Dec. 680, and note to LaCrosse, etc. R. Co. v. Vanderpool, 78 Am. Dec. 691, 696-697. In Phillips on Mechanics' Liens (sec. 179) it is said: "Property which is exempt from seizure and sale under an execution, upon grounds of public necessity, must for the same reason be equally exempt from the operation of the mechanics' lien law, unless it appears by the law itself that property of this description was meant to be included; and, to warrant this inference, something more must appear than the ordinary provisions that the claim is to be a lien against a particular class of property, enforceable as judgments rendered in other civil actions." See also 2 Jones on Liens, 1375.- Virginia Law Register.

water to bathe, and that his body was, shortly after, found floating near by, it is for the jury to pass upon the cause of death.-WEHLE V. UNITED STATES MUT. ACC. ASSN. OF CITY OF NEW YORK, N. Y., 47 N. E. Rep. 35.

2. ACTION-Assignability-State and Federal Laws.The question whether the beneficial interest in a chose In action created by an act of congress is assignable is controlled by the federal law, independent of the State laws. But the question whether the assignee may maintain an action thereon in his own name is a question of procedure, depending on the State laws.-ED MUNDS V. ILLINOIS CENT. R. Co., U. S. C. C., N. D. (Iowa), 80 Fed. Rep. 78.

3. ADMINISTRATOR-Appointment of Administrator.Where a resident of another State dies intestate, an administrator may be appointed by the county court of any county in this State in which there shall be an estate to be administered, irrespective of the value of such estate.-MISSOURI PAC. R. Co. v. BRADLEY, Neb., 71 N. W. Rep. 283.

4. APPEAL-Sufficiency of Return.-In the absence of a return to this court from which the contrary is made to appear, it must be presumed, on appeal from a judg ment, that it was duly authorized and regularly en tered. That the judgment was irregularly entered, or was unauthorized and unwarranted, cannot be made to appear by a return which does not purport to con tain a copy of the judgment roll, or of all the papers and files which should be made a part of such roll.PABST BREWING CO. v. BUTCHART, Minn., 71 N. W. Rep. 273.

5. ATTACHMENT - Affidavit.-An affidavit in attach ment by two plaintiffs, concluding "that plaintiff will probably lose his debt," unless such attachment be issued, is insufficient, in that it describes the parties plaintiff in the singular.-SARRAZIN V. HOTMAN, Tex., 40 S. W. Rep. 629.

6. ATTACHMENTS-Affidavit.-The affidavit for an attachment must state that the claim is just, and state in terms the sum affiant believes plaintiff ought to recover, though the action is on a note for a given sum alleged to be due and unpaid.-MOORE V. HARROD, Ky., 40 S. W. Rep. 675.

7. BAIL-Discharge of Surety.-When a person is under bonds to appear before the district court of a county in Kansas, he cannot be compelled to go from the jurisdiction of said court during the term at which he is recognized to appear, by a subpoena to appear and testify before the United States court.-HARDESTY V. STATE, Kan., 48 Pac. Rep. 998.

8. BANKS-Liability for Trust Deposit.-Where cer tain officers and stockholders of a corporation bor rowed money intended by them to be deposited in a bank, and therein to be held as a trust fund for the creditors of the said corporation, but such intention, as well as the insolvent condition of the corporation, were unknown to the bank wherein the deposit was made, the payment in good faith of the fund upon the check of an officer of the corporation did not render the bank liable as a trustee to other creditors of the corporation, or to its receiver on their behalf, merely because the proceeds of said check, with the consent of the bank, were used to take up the note on the faith of which the loan had originally been made by the bank.-WYMAN V. NATIONAL BANK OF COMMERCE, Neb., 71 N. W. Rep. 277.

9. BILLS AND NOTES Burden of Proof-Considera. tion. In an action on a promissory note the plaintiff is not debarred from availing himself of the presump tion that the note is based upon a good and valid con sideration by introducing evidence to show an actual consideration, but the burden still rests upon the defendant to show want of consideration.-DURLAND V. DURLAND, N. Y., 47 N. E. Rep. 42.

10. BILLS AND NOTES Consideration.-A school board having abandoned the idea of building a library, because of its want of power to raise funds which

could be applied to purchasing a site, notes subsequently executed to it as a gift to be used in purchasing the site were based on a valid consideration, though no benefit accrued to the donor, where, in reliance on them, the board incurred expense in submitting to a vote of the district the question of issuing bonds for the building of the library, and the bonds were issued and sold.-SCHOOL DIST. OF CITY OF KANSAS CITY V. STOCKING, Mo., 40 S. W. Rep. 656.

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11. BILLS AND NOTES Notice of Dishonor.-Where the indorser of a promissory note resides in the same city or town with the party who is to give the notice of dishonor of the note, the rule is that the notice must be given to the indorser personally, or by leaving it at his domicile or his place of business; and a notice of protest which was sent by mail by the notary public who protested the note furnishes no evidence as to such personal service.-O. C. THOMPSON & WALKUP Co. v. APPLEBY, Kan., 48 Pac. Rep. 933.

12. BILLS AND NOTES-Parol Evidence.-Where one makes a note to the order of a bank, at the request of the president of the bank, acting for it, and upon his assurance that the maker will not be held on the note, and will not be responsible for it, and delivers such note without receiving anything for it, such transac tion constitutes a conditional delivery of the note, which may be shown on the trial of an action on the note by the bank against the maker, and is a good defense to such action.-HIGGINS v. RIDGWAY, N. Y., 47 N. E. Rep. 32.

13. CARRIERS OF GOODS - Failure to Feed and Water Stock.-Where a contract for shipment of horses from Illinois to Massachusetts was made in Illinois, the rights of the parties are governed by the laws of such State.-BROCKWAY V. AMERICAN EXP. Co., Mass., 47 N. E. Rep. 87.

14. CHATTEL MORTGAGES · Foreclosure Equity.Equity has jurisdiction to foreclose a chattel mortgage when the actual sum due is in dispute, the remedies at law being then inadequate.-STILLWELL-BIERCE & SMITH-VAILE Co. v. WILLIAMSTON OIL & FERTILIZER Co., U. S. C. C., D. (8. Car.), 80 Fed. Rep. 68.

15. CHATTEL MORTGAGES Resignation Garnishment. Where a mortgagee of chattels is in possession of the mortgaged property, the interest of the mortgagor therein after the debt is paid may be reached by the process of garnishment by a creditor of the latter. -MEYER V. MILLER, Neb., 71 N. W. Rep. 315.

16. CONFLICT OF LAWS Foreign Beneficial Associa tion - Beneficiary.-A foreign beneficial association may make, in Massachusetts, with a resident citizen thereof, a contract naming a beneficiary who would not be entitled to take under a contract by a Massachusetts association, because not related to the member (Pub. St. ch. 115, § 8), where such a contract is valid by the law of the association's domicile.-GIBSON V. IMPERIAL COUNCIL OF ORDER OF UNITED FRIENDS, Mass., 47 N. E. Rep. 101.

17. CONSTITUTIONAL LAW Contracts by Counties.Under Const. Tex. art. 11, § 7, which provides that "no debt for any purpose shall ever be incurred in any manner by any city or county unless provision is made at the time of creating the same for levying and collecting a sufficient tax to pay the interest thereon, and to provide at least two per cent. as a sinking fund," a contract made by a county for the building of two bridges, to be paid for in county bonds, is void, in the absence of any provision for the levy of a tax to pay the interest and to provide a sinking fund; and the county cannot be compelled by mandamus to issue the bonds to the bridge company, although the bridges have been constructed and the county is using them.BRAZORIA COUNTY V. YOUNGSTOWN BRIDGE CO., U. S. C. of App., Fifth Circuit, 80 Fed. Rep. 10.

18. CONSTITUTIONAL LAW-Natural Gas.-Rev. St. 1894, § 2316, et seq., declaring that the burning of natural gas in flambeau lights is a wasteful use thereof, and forbidding such use under penalty of fine, does not de.

prive owners of such gas of their property without due process of law (Const. U. 8. Amend. 5, 14), nor take property by law without just compensation (Bill of Rights, § 21), since the wasteful use of natural gas, which is drawn from a common store in the earth, not reduced to individual possession, is an injury to others.-TOWNSEND V. STATE, Ind., 47 N. E. Rep. 19.

19. CONSTITUTIONAL LAW-Regulation of Trade-Interstate Commerce.-The act of May 19, 1894 (91 Ohio Laws, 346), entitled “An act to regulate the sale of convict-made goods, wares and merchandise, manufactured by convicts in other States," is in conflict with section 8 of article 1 of the constitution of the United States, and is therefore vold.-ARNOLD V. YANDERS, Ohio, 47 N. E. Rep. 50.

23. CORPORATIONS — Appointment of Receivers.-A receiver will not be appointed for a solvent private corporation at the instance of individual stockholders, on the ground that its officers and directors have changed its business from a wholesale grocery business to a comparatively small specialty business, and have otherwise mismanaged its affairs, in the absence of evidence showing usurpation, fraud, ultra vires, gross negligence, or breach of trust.-HUNT v. AMERICAN GROCERY CO., U. S. C. C., D. (N. J.), 80 Fed. Rep. 70.

24. CORPORATIONS-Deeds Validity.-One claiming under the deed of a corporation executed without the corporate seal by persons signing as trustees must show affirmatively that it was authorized by a resolution of the directors entered on the records of the corporation, or that it was ratified by such a resolution. -BARNEY V. PFORR, Cal., 48 Pac. Rep. 987.

25. CORPORATIONS-Liability of Stockholders.-Gen. St. Kan. ch. 23, § 32, makes corporate stockholders liable for additional amount equal to their stock, and provides that a judgment creditor of the corporation, on return of execution unsatisfied, may, on motion in the same action, procure an execution against any stockholder for an amount equal to his stock, or may "proceed by action to charge the stockholders with the amount of his judgment:" Held, that the latter provision contemplates a proceeding either at law or in equity, as the facts may require, and that, while the liability is a severable one against each stockholder, yet to avoid a multiplicity of suits a bill in equity may be maintained by judgment creditors against a number of the stockholders to enforce this double liability, and at the same time their liability for any unpaid stock.-NEW YORK LIFE INS. Co. v. BEARD, U. S. C. C., D. (Kan.), 80 Fed. Rep. 66.

§ 1131).-CARMEL NATURAL GAS & IMPROVEMENT Co. v. SMALL, Ind., 47 N. E. Rep. 11.

27. COURTS-Case-made - Dismissal.-After he has ceased to sit as a court, a judge pro tem. has no power to extend the time for making and serving a casemade in an action tried before him. Such an exten. sion can only be granted by the regular district Judge, who is, in fact, in possession of the office.-ATCHISON, ETC. R. Co. v. LEEMAN, Kan., 48 Pac. Rep. 932.

28. COURTS Jurisdiction of Supreme Court.-An action by a judgment creditor against the judgment debtors and their grantee to set aside a fraudulent conveyance, and to subject the land to the payment of the judgment, does not involve a freehold, so as to give the supreme court jurisdiction on appeal.SCHEEREN V. STRAMANN, Colo., 48 Pac. Rep. 966.

29. CRIMINAL EVIDENCE-Homicide.-The defendant having testified that he did the killing in obedience to his father's command, it was not competent for him to ahow, to rebut the evidence of malice, that he had always been subjected by his father to the most rigid discipline, and had been accustomed, by reason of such training, to yield him blind obedience.-RAINEY V. COMMONWEALTH, Ky., 40 S. W. Rep. 682.

30. CRIMINAL LAW False Entries by Banker.-A charge in an information, of having made or caused to be made a false entry in the account of an individ. ual with a bank on its books, is not sustained by proof that such an entry was in an account of such bank with such individual, designated in the account as "township treasurer."-WILLIAMS V. STATE, Neb., 71 N. W. Rep. 313.

31. CRIMINAL LAW-Instructions-Reasonable Doubt. -An instruction to a jury in a capital case that: "A reasonable doubt is not a mere whim, but it is such a doubt as reasonable men may entertain, after a careful and honest review and consideration of the evidence in the case. It is a doubt founded in reason and coming from reason, or a doubt coming from reason, and which survives reasons," is not erroneous. -PEOPLE V. BARKER, N. Y., 47 N. E. Rep. 31.

32. CRIMINAL LAW-Interpreters.-The fact that on the trial, for murder, of a person unacquainted with the English language, the court declines to appoint an interpreter for the defendant in addition to the one furnished by the people, though the latter admits some unfamiliarity with the language spoken by the witnesses, does not entitle the defendant to a new trial, in the absence of evidence in the record of lack of ability or integrity in the interpreter who is sworn.PEOPLE V. CONSTANTINO, N. Y., 47 N. E. Rep. 37.

33. CRIMINAL LAW-Kidnapping.-Any place where a child has a right to be is its "residence" within Rev. St. 1894, § 1988 (Rev. St. 1881, § 1915), declaring guilty of kidnapping "whoever forcibly or fraudulently carries off or decoys from his place of residence, or arrests any person, with the intention of having such person carried away from his place of residence, unless it be in pursuance of the laws."-WALLACE V. STATE, Ind., 47 N. E. Rep. 13.

34. CRIMINAL LAW-Twice in Jeopardy.-A person is not put in jeopardy twice "for the same offense" where he is acquitted on a charge of selling liquor to a minor and is subsequently tried for a sale without a license; the proof necessary to convict of the offense charged in the second prosecution not being sufficient to convict in the first prosecution, though the offenses were committed by one act.-STATE V. GAPEN, Ind., 47 N. E. Rep. 25.

35. DAMAGES-Defective Streets-Remote Damages.In action under Pub. St. ch. 52, § 18, against a city for an injury received by a defective street, plaintiff cannot recover for injuries received after the accident, when, in attempting to walk, her injured ankle failed her, and she fell, and broke her leg.-RAYMOND v. CITY OF HAVERHILL, Mass., 47 N. E. Rep. 101.

36. DEEDS-Confirmation-Acknowledgment.-A provision in a confirmation of a deed, which was invalid

for want of acknowledgment, that it is desired to make such deed valid from its date, includes the intent to make it valid from the date of the confirmation, and hence the confirmation is a present conveyance of the land, though it be ineffective to validate the deed.-MONTGOMERY V. Hornberger, Tex., 40 8. W. Rep. 628.

37. DEED AS MORTGAGE - Parol Evidence. The grantor in a deed absolute on its face may show that it was intended to secure a debt, though a contemporaneous written agreement between the parties pro. vided merely for a repurchase of the property by the grantor, and did not provide that the transaction should constitute a mortgage.-WIGGINS V. WIGGINS, Tex., 40 S. W. Rep. 643.

38. DOWER-Assignment.-Dower should be assigned according to the statute in force at the husband's death.-CAREY V. WEST, Mo., 40 S. W. Rep. 661.

39. DRAINAGE Assessments Lien.-The lien of a drainage assessment is created by the judgment con. firming the report of the commissioners, and not by filing the notice of the assefsment.-HAEFGEN V. STATE, Ind., 47 N. E. Rep. 28.

40. EASEMENT-Division Fences-Adjoining Owners. -A person may use his premises for any lawful pur pose, and may build thereon any structure which is not per se a nuisance, unless prohibited by ordinance or statute from so doing.-TRIPLEIT V. JACKSON, Kan., 48 Pac. Rep. 931.

41. EVIDENCE-Secondary Evidence-Copy of Letter. -Where plaintiff testified that he wrote a letter to defendants, and took a copy in the course of his business and in accordance with his custom, by which he would naturally deposit the letter in the post office, directed and post paid, and a communication from defendants contained indications that they had received the let ter, the copy was admissible on defendant's failure to produce the original, though plaintiff could not say from memory that the letter had been mailed.-MCKAY V. MYERS, Mass., 47 N. E. Rep. 98.

42. EXECUTION-Return-Redelivery.-An execution was issued and returned by the officer in no part sat isfied. The clerk entered on the docket, "Execution returned." Thereafter the clerk redelivered the execution to the officer, who obtained from the judge a certificate authorizing the arrest of defendant therein: Held, in the absence of statute, there was no objection to use the same execution without a reissue for that purpose.-GOLDIS V. GATELY, Mass., 47 N. E. Rep. 96.

43. FEDERAL COURTS.-Rev. St. § 914, providing that the practice and modes of proceeding in the federal courts shall conform as near as may be to the practice in the courts of record of the State within which such courts are held, does not disturb the settled law of the federal courts with respect to granting or refusing new trials, and a State statute providing that a new trial shall not be granted on account of the smallness of damages is not binding on a federal court.-HUGHEY V. SULLIVAN, U. S. C. C., S. D. (Ohio), 80 Fed. Rep. 72. 44. FEDERAL COURTS-Circuit Courts of Appeals-Jurisdiction.-A suit between citizens of the same State to enjoin the collection of a State tax on the value of patent rights, on the ground that the State statute authorizing the tax contravenes the federal constitution, is not a suit arising under the patent laws so as to give jurisdiction to the circuit court of appeals, but is one involving the validity of a State statute under the con stitution of the United States, and must, therefore, be taken direct from the circuit court to the supreme court, under section 5 of the act of March 3, 1891.HOLT V. INDIANA MANUFG. CO., U. S. C. C. of App., Seventh Circuit, 80 Fed. Rep. 1.

45. FEDERAL COURTS-State Decisions.-The decisions of the Supreme Court of Illinois to the effect that an abutting lot owner in that State cannot stop the con struction of a railroad in the street, that his remedy is in damages, and that a proceeding to enjoin must be by the city or attorney general, are binding upon the

federal courts.-LOBENSTINE V. UNION EL. R. Co., U. s. C. C. of App., Seventh Circuit, 80 Fed. Rep. 9.

46. FIXTURES-Replevin. - In replevin for a building removed by defendant after selling the land to plaintiff, it is a question for the jury whether the building was built and owned by defendant's firm, so as to be removable, where defendant testified that it was, but the land on which the building was erected, and that to which it was removed, belonged to him personally, and he stated to plaintiff that he owned the building, and gave a different reason to justify the removal.BYRNES V. PALMER, Mich., 71 N. W. Rep. 331.

47. FRAUDS, STATUTE OF-Another's Debt.-An agreement by a vendor that a mechanic's lien for materials to be furnished to the vendee should have priority over the vendor's lien is not a promise to answer for the debt of another, within the statute of frauds.TOWNSEND V. WHITE, Iowa, 71 N. W. Rep. 337.

48. FRAUDULENT CONVEYANCES. Where a creditor takes property of a debtor reasonably sufficient to pay a bona fide debt, the sale is valid, though the debtor may have intended to hinder other creditors to the knowledge of his grantee. - HEAD V. BRACHT, Tex., 40 S. W. Rep. 630.

49. FRAUDULENT CONVEYANCES-Evidence.-The fact that the lessee of a ranch, after surrender of his lease and the sale and delivery of chattels thereon to his lessors, was employed on the ranch for a few days as foreman, does not conclusively show fraud against his creditors, his changed position being well known in the neighborhood. - ADAMS v. WEAVER, Cal., 48 Pac. Rep. 972.

50. FRAUDULENT CONVEYANCES-Knowledge of Grantee-Evidence.-In an action of replevin to recover a stock of goods held by the sheriff under attachment, which the plaintiff claims to have prchased from the person against whom the attachment was issued, where the defense of the sheriff is that the alleged purchase was fraudulent, it is error for the court to refuse to charge the jury that the defendant is not required to establish the fraud by direct and positive proof, but that it may be inferred from circumstances if sufficient to convince the jury of the fact of fraud. - MORSE V. RYLAND, Kan., 48 Pac. Rep. 957.

51. HABEAS CORPUS-Federal and State Courts.-The United States courts will not, except, perhaps, under extraordinary circumstances, take jurisdiction, by means of the writ of habeas corpus, over proceedings in State tribunals, even though it is alleged that a constitutional right is involved; and where such a question has been determined by the highest court in the State, upon the general allegation of an illegal impris onment, the proper proceedings for review are for a writ of error to the Supreme Court of the United States. -IN RE LAWRENCE, U. S. D. C., N. D. (Cal.), 80 Fed. Rep. 99.

52. HUSBAND AND WIFE-Gifts-Wife's Separate Property. A gift by a husband to the wife of the income to accrue from her separate property is, as between themselves, valid, as such income is reduced to po8. session by her; the gift not being in violation of Rev. St. 1895, art. 2546, requiring that actual possession shall have come to and remained with the donee or one clalming under him.-BRUCE V. KOCK, Tex., 40 S. W. Rep. 626.

53. HUSBAND AND WIFE-Gift to Wife-Validity.-The married woman's act being for the purpose of extend. ing, and not contracting or limiting, the rights of married women in this State, will not be: Held, to have abrogated the equitable rule which upheld gifts from husbands to wives, made when the husband was solvent, and which did not impair the existing rights of creditors.-FIRST NAT. BANK OF WAHOO V. HAVLIK, Neb., 71 N. W. Rep. 291.

54. INJUNCTION - Exercise of Public Office. Comp. Laws, § 4650, providing that an injunction shall not be granted to prevent the exercise of a public office In a lawful manner by the person in possession, in an

action to determine title to office defendants will not be restrained from exercising control pending litiga. tion, where they have prima facie title, and injury to the State is not apparent.-STATE V. HERREID, S. Dak., 71 N. W. Rep. 319.

55. INSOLVENCY-Preferences.-Under the Minnesota statute declaring void conveyances by "any insolvent debtor or a debtor in contemplation of insolvency, within 90 days of making an assignment," It is necessary, beyond the fact of insolvency, to show an intent to give a preference, and also that the creditor knew or had reason to know of the insolvency. MOORE V. AMERICAN LOAN & TRUST Co., U. S. C. C., D. (Minn.), 80 Fed. Rep. 49.

56. INSURANCE — “Accidental" Damage - Flood. — A policy insuring against loss arising from "accidental" damage or destruction, except by fire or lightning, covers loss by flood.-HEY V. GUARANTORS' LIABILITY INDEMNITY Co. OF PENNSYLVANIA, Penn., 37 Atl. Rep.

402.

57. INSURANCE-Taxation.-Sess. Acts 1895, p. 198, § 2, amending Rev. St. ch. 89 (General Insurance Law) art. 6, § 5958, and providing for a tax on "premiums" received by foreign insurance companies on business done in Missouri, does not apply to companies doing business on the "assessment plan," under chapter 89, art. 3, which provides (section 5869) that companies doing business under its provisions shall not be sub. Ject to any of the requirements of the general insurance law, except as provided in such article. - NORTHWESTERN MASONIC AID ASSN. V. WADDILL, Mo., 40 8. W. Rep. 648.

58. JUDGMENT-Pending Appeal - Evidence.-A judg ment from which an appeal is pending is not admissi.. ble in evidence as conclusive of the issue it involves.BUCKNER V. LANCASTER, Tex., 40 S. W. Rep. 631.

59. JUDGMENT-Vacating. There is no authority in the law for a trial court at a subsequent term to set aside a judgment duly rendered, on account of mere error of law committed by the court; and, such order of vacation being vold, the original judgment will be treated by the appellate court as an existing and valid judgment, no exceptions to its rendition, and no pro. ceedings in error to reverse the same, having been taken. PEIRSON V. BENEDICT, Kan., 48 Pac. Rep. 996. 60. JUDGMENT BY DEFAULT Vacating.-Before time to answer, defendant procured an order to take the deposition of the plaintiff, to enable him to draw the answer. By written stipulation, several continuances as to the deposition were entered into, and, by final stipulation, the taking of the deposition was continued indefinitely. Defendant meantime had not filed any answer: Held, that a judgment by default after the last continuance, for failure to answer, was properly set aside, it being apparent that defendant intended to make a defense, and relied on the action of plaintiff in agreeing to the continuances aforesaid.-MCGOWAN V. KRELING, Cal., 48 Pac. Rep. 980.

61. JUDICIAL NOTICE Rules of Court. The court cannot take judicial notice of the rules of trial courts. -CORNELIESON V. FOUSHEE, Ky., 40 S. W. Rep. 680. 62. LANDLORD and TENANT Quiet Enjoyment. — A tenant of the third and fourth floors of a building, whose water supply is cut off, furniture injured by dust and lime, ingress and egress interfered with, causing damage, by the landlord's repairing the second floor, may recover from the landlord for breach of covenant of quiet enjoyment, irrespective of his negli. gence. MCDOWELL V. HYMAN, Cal., 48 Pac. Rep. 985.

63. LICENSE-Revocability.-A parol license from one lot owner in a town to another to pass a tile drain under the former's lot for the purpose of draining the lot of the latter is revocable at the pleasure of such licensor. PIFER V. BROWN, W. Va., 27 S. E. Rep. 399. 64. LIFE INSURANCE — Policy Payable to "Husband and Children." - Under a policy of insurance payable to and for the sole and separate use and benefit of the "husband and children" of insured, the husband does

66. LIMITATIONS Part Payments. Stockholders made an accommodation note for the benefit of the corporation, who was no party to the note, and whose credit the payee refused to accept, and received and turned the money over to it, and it was arranged at the time that the corporation should pay the note: Held, that payments made by the corporation with knowledge of the makers did not take the case out of the statute of limitations. - PATTERSON V. COLLIER, Mich., 71 N. W. Rep. 327.

67. LIMITATION OF ACTIONS.-Limitations run against an action on a guardian's bond from the time of the breach.-STATE V. PARSONS, Ind., 47 N. E. Rep. 17.

68. MALICIOUS PROSECUTION - Evidence.-A prosecu. tion for feloniously taking timber from certain land was malicious where the right of defendant's im. mediate vendors to recover of plaintiff the land, and value of timber cut, had been decided adversely to them in a suit to which defendant's agent who procured the arrest was a party. - PROCTOR COAL CO. v. MOSES, Ky., 40 S. W. Rep. 681.

69. MANDAMUS-Parties.-It is no defense to mandamus by one board of school commissioners against a rival board to obtain possession of the apartments and papers of the board that the same are in possession of a subordinate of defendant board.-HoOPER V. FARNEN, Md., 37 Atl. Rep. 430.

70. MARRIED WOMEN-Assignments in Insolvency.Goods assigned to plaintiff in insolvency belonged to the wife of the assignor, and had been bought by him, as her agent and statutory trustee, for use in a mercan. tile business of which she was the proprietor and he the manager. The wife had joined in requesting plaintiff to act as trustee in insolvency, and both she and her husband had agreed with him on the terms on which he should act. The assignee took possession, and rendered valuable services till the goods were attached by creditors: Held, that plaintiff had an equitable lien for his services, subject to the attachments, the wife having subjected the property to the lien for acts done at her request and for her benefit.-BELDEN V. SEDGWICK, Conn., 37 Atl. Rep. 417.

71. MASTER AND SERVANT-Assumption of Risk.—A pilot was furnished a state room, but was told that he might warm himself and rest in a small deck house used for charts. In such deck house there was a stove burning a patent fuel, and having no pipe to carry the smoke or gas from the room. The pilot was told to leave the door open, to avoid possible danger from the fumes of the stove. While in the room, with the door partly open, he noticed no smoke or gas from the stove. He went to sleep there, leaving the door open, but it was afterwards closed by a fellow-servant, and the pilot was injured by asphyxiation: Held, that the risk was assumed.-MURCH V. THOMAS WILSON'S SONS & Co., Mass., 47 N. E. Rep. 111.

72. MASTER AND SERVANT-Assumption of Risk.-The risk of explosion from pouring damp lead into molten lead is not so obvious as to be assumed as a matter of law by one who had worked three or four months in a cartridge factory, but had never melted lead, nor been warned of such risk.-REDMUND V. BUTLER, Mass., 47 N E. Rep. 108.

73. MASTER AND SERVANT-Assumption of Risk.-A servant who continued to use a defective machine after notice of the defect, relying on the master's promise to repair the same, did not assume the risk of an injury occurring one week after such promise was made.

EAST CHICAGO IRON & STEEL CO. v. WILLIAMS, Ind., 47 N. E. Rep. 26.

74. MASTER AND SERVANT-Assumption of Risk.-A promise to repair dangerous machinery when the work on hand was completed does not relieve an em ployee from assumption of the risk until that time, and hence, to avail himself thereof, he must show that the injury occurred after the completion of the work, and within a reasonable time thereafter for such repairs.-STANDARD OIL CO. v. HELMICK, Ind., 47 N. E. Rep. 14.

75. MASTER And Servant-Defective Appliances.-A railroad company is not liable to an employee for injuries occurring through defects in its switch tracks in its yards, without proof of actual knowledge upon its part of such defects, or proof of the existence of the same for such a length of time as that knowledge thereof may be inferred.-ATCHISON, T. & S. F. R. Co. V. SWARTS, Kan., 48 Pac. Rep. 953.

76. MASTER AND SERVANT- Defective AppliancesNegligence.-Two ladders selected by plaintiff and his fellow-servants from a supply furuished by the em ployer, and by them bound together for temporary use in house painting, are not part of the employer's "ways, works or machinery," for injuries by defects in which he is liable under St. 1887, ch. 270.-MCKAY V. HAND, Mass., 47 N. E. Rep. 104.

77. MASTER AND SERVANT-Negligence.-Where plaintiff slipped while standing on a platform oiling the machinery, the fact that the platform was slippery with oil and water is no ground for recovery if plaintiff fell for reason thereof, where the only negligence shown was that the supports of the platform were uneven, in consequence of which the plank slipped, throwing plaintiff from the platform.-ZIMMERMAN V. DETROIT SULPHITE FIBRE CO., Mich., 71 N. W. Rep. 321.

78. MASTER AND SERVANT - Negligence-Burden of Proof. In an action for death caused by defective appliances, of which deceased had notice, the burden of proving that he protested against the same, and continued in the service on defendant's promise to repair, is on plaintiff.-FORD V. CHICAGO, R. I. & P. RY. Co., Iowa, 71 N. W. Rep. 332.

79. MASTER AND SERVANT-Concurrent Causes.-Even though members of a switching crew, who start in motion cars which collide with a road engine, injuring the fireman, be fellow-servants with him, the railroad is liable to him, if, but for improper grade of the track, and defective brakes, involving negligence of the rail. road, the cars would have either been under control, or would not have moved on the engine.-MISSOURI, K. & T. RY. Co. v. RAINS, Tex., 40 S. W. Rep. 635.

80. MECHANIC'S LIEN-Waiver-Priority.-As an attaching creditor is not a purchaser for value, one who asserts a mechanic's lien after the levy of the attachment is entitled to priority, though he had prior thereto taken other security, such security, which he was induced to accept by the fraud of the debtor, having proved to be worthless.-NORTON'S ASSIGNEE V. HOPE MILLING, MINING & LUMBER CO., Ky., 40 S. W. Rep. 688. 81. MINING-Action to Try Title.-A complaint in the nature of trespass to try title to a mining claim, which avers ownership, right of possession, and the fact of possession, and entry by defendant without consent of plaintiff, his mining thereon, and threat to continue to mine, and damages done by reason of the defendant's acts, states a good cause of action. -MCKAY V. MCDOUGAL, Mont., 48 Pac. Rep. 988.

82. MORTGAGE.-A junior mortgage was foreclosed, and sale had thereunder, without making the first mortgagee a party, and in a foreclosure by the first mortgagee the junior mortgage was adjudged a second lien. On review the first mortgage was held vold as against the junior mortgagee, and valid as against the mortgagors: Held, that the first mortgagee was precluded by the adjudication on review from any interest in the property as against the second mortgagee.— TATE V. HAMLIN, Ind., 47 N. E. Rep. 5.