3.

Attorney and Client-Knowledge of Attorney. The knowledge of a sale of land acquired by an attorney by the satisfaction of his attorney's lien thereon from the purchase price is imputed to another client, who shortly after the sale, and before the deed was recorded, brought suit against the vendor and attached the land.-Bailey v. Hickey, Ore., 195 Pac. 372.

4.Lien for Services.-The attorney has no lien upon a judgment for services securing it, where he was not employed by the judgment creditor.-Brahan v. National Life & Accident Ins. Co., Miss., 87 So. 7.

Recoverable

5. Bankruptcy-No Judgment After Adjudication.-The lien of a judgment which became effective as a lien after the bankruptcy of the defendant held ineffective against his trustee who, under Bankruptcy Act, § 47a (2) (Comp. St. § 9631), became vested with the rights of a judgment lien creditor as of the date of the adjudication. In re Jackson Light & Traction Co., U. S. C. C. A., 269 Fed. 223. 6.

Banks and Banking-Special Deposit.-If a deposit of money in bank was special, for the purpose of paying certain outstanding checks of the depositor, and was not general, the bank had no right to charge the account of the depositor with an overdraft, and thus defeat the claim of the payee of the checks.-Hitt Fireworks Co. V. Scandinavian American Bank, Wash. 195 Pac. 13.

7.

Bills and Notes-Duress.-A note, though founded on a disputed claim or other valid consideration, is unenforceable, if the maker was induced to sign it under actual duress, by means of which his free will was restrained and his consent thus obtained.-Le Bron v. Stewart, Ga. 105 S. E. 650.

8. Erroneous Judgment.-Where there are important variances between the note attached to a declaration and that introduced in evidence over appropriate objection, and where trial was had without a plea or judgment by default against one of the defendants, a judgment against the defendants will be reversed.-Bass v. Lupfer & Prather Garage, Fla. 87 So. 46.

9. -Holder for Value.-In view of Rem. Code 1915, §§ 3416, 3447, creditor who received from his debtor notes payable to him without any notice of infirmity in them, or defect in the title of the debtor, or knowledge of such facts that his action in taking them amounted to bad faith, became, before writ of garnishment against the party who held the notes for him, a bona fide holder for value without notice of the notes-Guaranty Security Co. v. Coad, Wash. 195 Pac. 22.

10. Indorsement.-Under Comp. Laws Utah 1917, § 5848, subd. 4, indorsement of a check in typewriting is in compliance with section 4060, providing such indorsement must be "written" on the instrument.-Pingree Nat. Bank of Ogden v. McFarland, Utah 195 Pac. 313.

11.

Brokers-Commission.-Where a real estate broker agrees to accept $300 as payment in full if he consummates the sale of the property only for $30,000 cash, he is not entitled to a commission on the transaction, if the property is subsequently sold for a less price.-Rickmers v. Tuckerman, Fla. 87 So. 53.

12. Carriers of Goods-Trover and Conversion. The shipper of furniture, bill of lading attached in the sum of $54, order to notify the consignee, the railroad having delivered the goods to the consignee without payment of the draft and bill of lading, in relation to its right to recover from the railroad as for a conversion, is in a position analogous to that of a lienee or mortgagee, and the measure of its recovery should be confined to the $54, with interest from time of the alleged conversion, the value of its special interest.-W. O. Broyles Stove & Furniture Co. v. Hines, Ala. 87, So. 19.

13. Carriers of Passengers-Negligence.-A street railway company was not liable for in-. puries to a passenger who was knocked from the running board of a car by a truck standing in the street, if the motorman could not have stopped the car after he saw or had an opportunity to see the truck.-Virginia Ry. & Power Co. v. Cherry, Va. 105 S. E. 657.

14. Commerce-Common Carrier.-The American Express Company is not a "common carrier by railroad" within the provisions of the federal Employers' Liability Act (U. S. Comp. St. §§ 8657-8665), but is subject to the state Workmen's Compensation Act; a "common carrier by railroad" meaning one who operates a railroad as a means of carrying for the public. -State v. American Express Co., Utah, 195 Pac. 312.

15. Employers' Liability Act.-Car repairer working on a car which was entirely out of commission and was not being used for any purpose whatever was not engaged in "interstate commerce" within the federal Employers' Liability Act.-Herzog v. Hines, N. J., 112 Atl. 315. 16. Constitutional Law-Class Legislation.The criminal syndicalism statute is not invalid as class legislation.-State v. Hennessy, Wash. 195, Pac. 211.

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17. Housing Laws.-The classification the New York Housing laws, which apply only to landlords renting dwelling houses, is not so unreasonable as to invalidate those laws, in view of the fact that the shortage of dwelling houses was especially acute, and of the necessity of obtaining dwellings without delay.-Marcus Brown Holding Co. v. Feldman, U. S. D. C. 269, Fed. 306.

18. Right to Appeal.-Laws 1919, c. 290, attempting to authorize the right of appeal from orders of the board of railroad commissioners directly to the Supreme Court without taking the matter to the circuit court, is unconstitutional, as violating Const. art. 5, §§ 1-3, as to jurisdiction of courts.-Winner Milling Co. v. Chicago & N. W. Ry. Co., S. D. 181 N. W. 195. 19. Corporations-Foreign Corporation.-As a general rule, service of process on an agent of a foreign corporation will not confer jurisdiction, unless the corporation, when served, was transacting business in the state where the action is brought. Whether the rule holds good where the cause of action sued on arose on a contract made in the state where suit is brought quaere.-Fletcher v. Southern Colonization Co., Minn. 181 N. W. 205.

20. Right of Action of Stockholder.-Where corporation purchased certain stock with corporate funds, and distributed the stock to officers, the majority stockholders, purchaser of the stock of one of such majority stockholders could not compiain of the manner in which such stock was acquired, and had no right, as a minority stockholder, to maintain an action complaining of such transaction.-Joyce v. Congdon, Wash. 195 Pac. 29.

21. Right to Seil Securities.-Appointment of a receiver for an insolvent corporation in a creditor's suit, with an order enjoining interference with possession of defendant's proporty by the receiver, held not to deprive a pledgee of its securities, not a party to the suit, of the right to sell the same in accordance with the terms of the pledge; nor does the filing by the pledgee of a statement of its claim, pursuant to an order of the court, have such effect.-International Banking Corporation v. Lynch, U. S. C. C. A. 269, Fed. 242.

22. "Transacting Business in the State."Where notes payable to foreign corporation were executed within the state, but were sent to other state, and the transaction completed in other state, the corporation was not transacting business in the state within Civ. Code, § 883, forbidding foreign corporations from transacting business in the state without first complying with the requirements of the statute.Schiller Piano Co. v. Hyde, S. D. 181 N. W. 196. 23. Damages-Joint Liability.-In an to enforce a joint liability for assault against two or more defendants, testimony as to the wealth of one is inadmissible as affecting the amount of punitory damages assessed against all.-Ogodziski v. Gara, Wis. 181 N. W. 231.

action

24. Divorce Alimony Pendente Lite.-A wife, suing for a separation, was not entitled to alimony pendente lite and counsel fees, where there was no probability of her success in the suit.-Domb v. Domb, N. Y., 186 N. Y. S. 306.

25. Eminent Domain-Damages Caused by Flooding. An adjoining property owner was entitled to maintain an action for damages occasioned by flooding, due to the manner of constructing an embankment by a railroad for its tracks. Southern Ry Co. v. Fitzpatrick, Va., 105 S. E. 663.

so that a holder could not have purchased a note given for such stock in good faith.-Larsen v. Betcher.-Wash., 195 Pac. 27.

27. Executors and Administrators-Heir's Indebtedness to Estate.-The ordinary routine settlements of an executor or administrator from time to time, as required by the code of probate procedure, do not adjudicate controverted questions between an heir of the estate and itself, as an indebtednes of the heir to the estate, to entitle the representative to retain the distributive share of the heir until he pays the debt.In re Reiser's Estate, Utah, 195 Pac. 317.

28. Fraud-Fraudulent Representations.-If a purchaser of realty visits the land prior to sale and makes a personal examination of it, touching representations made as to its quality, character, or condition, he will be presumed to rely, in making the purchase, not on the representations, but on his own judgment, if the vendor does nothing to prevent his investigation being as full as he chooses.-Hackleman v. Lyman, Cal., 195 Pac. 263.

29. Frauds, Statute of-Authority of Agent.An agent may be authorized by parol to make and sign contracts in writing, even contracts which are not binding on his principal unless in writing and signed by him; even where the statute requires an instrument to be in writing to bind the party, he may, without writing, authorize an agent to sign it in his behalf, unless the statute positively requires that the authority shall be in writing.-White Eagle Laundry Co. v. Slawek, Ill., 129 N. E. 753.

30.- -Binding Contract. Where vendor signed letter accepting purchaser's offer, but did not send letter until after he had received notice that purchaser withdrew offer, there was no binding contract within St. 1919 § 2304, requiring a contract to be in writing.-Helmholz v. Greene, Wis., 181 N. W. 221.

31. Repurchase of Corporate Stock. An agreement by a stockholder in a corporation to repurchase stock sold and delivered by another was within the statute of frauds and void (St. 1919. § 2307), although such agreement was a part of the inducement extended to the purchaser.-Becker v. Kreul, Wis., 181 N. W. 211.

32. Gas-Calculation of Cost.-The cost of producing gas for a single year preceding the filing of a suit to enjoin, under then existing conditions, enforcement of a statutory rate as confiscatory is a sufficient basis for the cost of production, and a rate base for the future long enough to call for judicial action.-New York & Queens Gas Co. v. Newton, A., U. S. D. C., 269 Fed. 277.

33.

Husband and Wife-Principal and Agent. -When a married woman knowingly permits her husband to manage or control her property, or allows him so to deal with it as to induce others to believe that he is acting as her authorized agent, such facts are sufficient to establish the agency in favor of the persons who deal with him in such belief.-Craft v. American Agricultural Chemical Co., Fla., 87 So. 41.

34. Separate Property.-Where husband and wife purchased property subject to mortgage, and husband thereafter conveyed a portion of the land to the wife, who agreed to pay specified portion of the mortgage, and who thereafter used the property so conveyed to her as her separate property, and mortgaged it and with proceeds paid that portion of the prior mortgage which she had assumed, the land conveyed to wife, as between wife and husband and to others who were not creditors, was her separate property.-Dart v. McDonald, Wash., 195 Pac. 253.

35. Infants-Action for Prenatal Injuries Sustainable. An action for negligence, resulting in prenatal injuries to plaintiff, is sustainable under the principles of the common law and without legislative sanction, though there is no actual case for or against such right of action. -Drobner v. Peters, N. Y., 186 N. Y. S. 278.

36. Insurance Employers' Liability Policy.An employers' liability policy covering premises, factories, etc., of insured at M. held to apply to injuries sustained by persons doing work for insured at the town of C. incident to the business at M.. the policy expressly providing that it should apply to injuries sustained by reason of the business operations described in the pol

icy together with operations incident thereto while conducted either at the work places therein described and defined or "elsewhere."-Travelers' Ins. Co. v. Rooney, Vt., 112 Atl. 355.

37. Military Service.-Under a policy providing that the insurer's liability should be limited to the premiums paid if insured engaged in military service in time of war without the insurer's written consent, where insured entered the military service in time of war, and committed suicide while insane during such service, the insurer's liability was limited to the premiums paid, though the policy also provided that after one year it should be incontestable except for specified causes.-Field v. Western Life Indemnity Co., Tex., 227 S. W. 530.

38.-Proximate Cause of Death.-The insurer is liable on an accident policy where the insured's death was not caused by an accidental contagion but from the activity of pneumococcus germs, such as are present in healthy people, producing pneumonia because of insured's weakened condition resulting from his physical injury produced by the accident; the pneumonia being a link in the chain of causation and not an independent cause, and the injury being the proximate cause.-Robinson v. National Life & Accident Ins. Co., Ind., 129 N. E. 707.

39. "Switchman."-Foreman of a switching crew in the switchyards of his employer held to be a switchman within the meaning of a fraternal beneficiary certificate, where he was required to perform the services of a switchman as a substantive part of the duties of his employment. Sawyer v. Sovereign Camp, W. O. W., Neb., 181 N. W. 191.

40. Internal Revenue Removal of Untaxed Liquors.-The Volstead Act, prohibiting the manufacture and sale of intoxicating liquors, was a radical departure from the policy of the former laws to derive revenue therefrom, and completely covers the same subject-matter, including the transportation of such liquors, so that it impliedly repealed Rev. St. § 3296 (Comp. St. 6038), which imposed on the removal from a distillery of liquors on which the tax had not been paid a pehalty more severe than was imposed by the Volstead Act on the illegal transportation of liquor.-Reed v. Thurmond, U. S. C. C. A., 269 Fed. 252.

41. Intoxicating Liquors -Complaint Sufficient. In view of Or. L. § 2224-58, complaint charging that defendant, on the 9th of July, 1919, in the county of Crook and state of Oregon, unlawfully, wrongfully, and maliciously sold intoxicating liquor contrary to statute, etc., held sufficient, though not describing the kind quantity of liquor sold, the name of the purchaser, or a description of the premises.-State V. London, Ore., 195 Pac. 344.

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42. Conviction for Manufacturing Not Warranted by Mere Consent.-In a prosecution for feloniously manufacturing intoxicating liquors, an instruction which authorizes a conviction "if the jury believe from the evidence beyond a reasonable doubt that the defendant aided, assisted, abetted, or knowingly consented to the making and distilling of intoxicating liquors" is erroneous.-Stribling v. State, Miss., 86 So. 897.

43. State Laws.-The Dean Law, relating to intoxicating liquors, is not void because of Const. U. S. Amend. 18, and the passage of the federal law known as the Volstead Act, because the state law gives to intoxicating liquors a definition varying from that prescribed by Congress, and because the penalties of the state and federal laws are different.-Franklin v. State, Tex.. 227 S. W. 486.

44. State Statute Superseded.-Act No. 66 of 1902, denuoncing as a misdemeanor the keeping of a grogshop or tippling shop, or the retailing of spirituous or intoxicating liquors, without having obtained a license, was superseded and in effect repealed by the Eighteenth Amendment to the Constitution of the United States and the Volstead Act.-La., 86 So. 919.

45. Landlord and Tenant-Arbitration of Rent. -The arbitrators provided for by a lease to fix the rent for the next ten years being unable to agree, and failing to appoint an umpire, as

provided by the lease in such case, equity has jurisdiction to fix the rents, notwithstanding a provision of the lease that, if for any cause a valid award be made, the landlord may recover from time to time a fair quarterly compensation for use and occupation.-Lehigh Valley R. Co. v. Andrus, N. J., 112 Atl. 307.

46.- -Mutuality as to Consideration.-A lease,' containing a clause that lessor should not be liable for any loss or damage sutained by the lessee by reason of any act or neglect of any contractor, employee, agent, or servant of lessor or other person, and that such loss or damage should not abate or reduce the rent of the premises, was not void for lack of mutuality as to consideration, in that the lessee did not have an assurance of peace and enjoyment.-In re Miller's Estate, Wis., 181 N. W. 238.

47. -Title to Premises.-A tenant cannot, in a suit against him for rent, dispute the title of his landlord, with whom he has actually contracted as such, even though it might have been then and there known by each of the parties to the agreement that the title to the premises was in fact in another. Strickland v. Stiles, 107 Ga. 308, 33.-Clark v. Long, Ga., 105 S. E. 654.

48. Libel and Slander-Fatal Variance.-In an action for slander by charging plaintiff with larceny of jewelry, where the accusation against him was made in the Swiss language, the proper pleading is to set out the actual words employed, together with a translation into English, with an averment that it is the true interpretation of the foreign language used, and was so understood by those who heard it; where the averment is of the use of words in English, and the proof is that they were originally uttered in a foreign language, the variance is fatal.Blaser v. Krattiger, Ore., 195 Pac. 359.

When a

49. Privileged Communication. publication is made by a chief officer of a fraternal insurance association, addressed to the members of the association, concerning a subject-matter which affects the general welfare of the association, such communication, although containing words which are libelous per se, is qualifiedly privileged, and is a complete defense unless it is shown by plaintiff by a preponderance of the evidence that the publication was made with express malice.-Peterson v. Cleaver, Neb., 181 N. W. 187.

50. Master and Servant - Course of Employment. A miner, who had arrived on employer's premises and was killed while going toward the washhouse to change clothes preparatory to entering mine, held killed as the result of an accident "arising out of and in the course of the employment" within Workmen's Compensation Act.-Western Coal & Mining Co. v. Industrial Commission, Ill., 129 N. E. 779.

51.- Course of Employment.-A mere deviation by a chauffeur from his employer's instructions, as by making a detour from the direct or usual route of travel, etc., does not remove him from the course of his employment, and exempt the master from liability, if, notwithstanding the breach of duty or instruction, the act is in furtherance of his employer's business. or in effectuating the purpose of his employment.--Dowdell v. Beasley, Ala., 87 So. 18.

52-Duty to Servant. In the absence of other facts showing such duty, a railroad company violated no duty to a special officer or watchman in its yards by kicking cars on a branch track from a lead track without any lights on the car or brakeman to control its speed or give warning of its approach, though the yard was dark and unlighted.-Medlock v. McAdoo, Ga., 105 S. E. 643.

accelerated into active tuberculosis from which he died, his dependents were entitled to compensation under the Workmen's Compensation Act.-Republic Iron & Steel Co. v. Markiowicz, Ind., 129 N. E. 710.

55. Municipal Corporations Counsel. The governing body of a municipality may employ special counsel to defend litigation for the city, but may not under that guise take out of the hands of the city counsel any particular case or class of cases and confide their management to others.-Byrne v. City of Wildwood, N. J., 112 Atl. 305.

56. Defect in Highway.-A projection of a pipe 1% inches high and 2% inches wide near the edge of a sidewalk in a city highway and out of the main line of travel is not an actionable defect under St. 1919, § 1339, making city liable to person injured by reason of insufficiency or want of repairs of highway.-Padden v. City of Milwaukee, Wis., 181 N. W. 209.

57.-Not Liable for Injuries in Violation of Ordinance.-A city was not liable for injuries to pedestrian struck by skyrocket as result of the failure of the city police to enforce ordinance prohibiting the setting off of fireworks, since the police had no authority to suspend the ordinance, and their unwarranted assumption of authority in so doing did not render city liable. Gilchrist v. City Council of Charleston, S. C., 105 S. E. 741.

58.- -Ordinary Care.-A municipality is not required to keep the entire width of its streets open and safe for travel, provided the portion thereof set apart for travel is wide enough to be safe, and it is charged with no duty to fill up or guard a gully that may be near a street unless in such close proximity thereto as to be dangerous to a traveler passing along the street and using ordinary care.-McComb City v. Hayman, Miss., 87 So. 11.

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59. Principal and Agent Mandate. In an agent's action, for breach before expiration of term of contract, by which he was to sell all the peppers produced by defendants, the latter were under no obligation to increase their business, so that the loss to plaintiff must be estimated upon plaintiff's income therefrom for a period prior to breach.-Chamberlain v. Norwood, La., 86 So. 920.

60. Principal and Surety-Extension of Time. -A surety cannot be held to have consented to an extension, unless it appears that he evinced such consent by some positive act; and a charge to the effect that he will be deemed to have consented, if he knew of the extension and did not object to it, is erroneous.-A. B. Klise Lumber Co. v. Enkema, Minn., 181 N. W. 201.

61. Railroads-Negligence. A railroad employee kindled a fire in a city near a path long frequented by the public and by school children, and near a playground, for the purpose of clearing the land of dry leaves. A child five years old was soon after discovered on or near the property not far from the playground all in flames. She died by reason of the burns. Held, that defendant was responsible for negligence regardless of any implied invitation to the child, because of its responsibility for the use of the dangerous agency.-Piraccini v. Director General of Railroads, N. J., 112 Atl. 311. 62. Negligence. Section 4043, Code 1906 (section 6667, Hemingway's Code), making railroad companies liable for injuries resulting from the running of trains within a municipality at a rate of speed exceeding 6 miles an hour, has no application where the injury was inflicted outside of the municipal limits, although it may be impossible to reduce the speed of the train to 6 miles an hour when it enters the municipal limits. Hines v. Moore, Miss., 87 So. 1. 63. Wantonness.-Where railroad pany has permitted the public to travel over its track for a considerable period of time, and a considerable number of people have availed themselves of such use, the railroad company must keep a lookout for people on its track. Bernier v. Illinois Cent. R. Co., Ill., 129 N. E. 747.

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64. Receivers Right of Action.-Failure of conditional vendors to allege compliance with Uniform Sales Act, as to recording contracts is no reason for denying their request to be al lowed to take action against receiver of the vendee to enforce their legal rights, where no liens of creditors had attached; the sales being valid against creditors other than those protected by the statute and against the vendee and the receiver.-Delaware Trust Co. v. Elder & Co., Del., 112 Atl. 370.

65. Sale-Breach of Contract.-In an action for damages for breach of contract to deliver pig iron according to sample, the fact that plaintiffs accepted part of the pig iron did not estop them from asserting that the contract had been broken in that the pig iron furnished was not according to sample, where there was an agreement that the entire shipment should be sent to a third person was purchasing the same from plaintiffs, plaintiffs agreeing not to raise any question as to the character of the material unless the purchaser did so.-Sussman v. Mitsui & Co., Wash., 195 Pac. 3.

66. Useless Formality.-Where defendants, sellers of a plant and lease, stated to plaintiff buyer that they were unable to make transfer, tender of the purchase price by the buyer there. after would have constituted merely a useless formality, which the law did not require.-Ros. en v. Greenwald, N. Y. 186 N. Y. S. 68.

67. Statutes-Repeal of Former Enactment. -A statute which revises the whole subject matter of a former enactment, and which is evidently intended as a substitute for it, operates to repeal the former, although it contains no express words to that effect. But repeals by implication are not favored, and where two affirmative statutes exist, one will not be construed to repeal the other by implication, if they can be fairly reconciled. The fact that a later act is different from a former one is not sufficient to effect a repeal. It must further appear that the later act is contrary to, or inconsistent with, the former.-State v. Hollenbacher, Ohio 129 N. E. 702.

68. Taxation-Remedial Statutes Cover Income Tax.-In view of Acts 1916, cc. 215, 524, the tax on income is embraced in the language "taxes on land or other property," used in Code 1919, § 2385, authorizing any person assessed with taxes on land or other property aggrieved by such assessment to apply for relief to the court in which the commissioner may have qual. ified. Commonwealth v. P. Lorillard Co., Va. 105 S. E. 683.

69. Wills-Widow Not "Legal Heir."-The will of the testator, who was childless, created a trust in his executors, and directed the payment of a stipulated sum monthly to his wid Ow. The residue was to go to a so-called adopted son when he became 30, if he should be worthy to have it in the judgment of the executors; and, if in their judgment he was not, the residuary estate was to go to the testator's "legal heirs." Held, that the widow did not come within the term "legal heirs," as meant words he by the testator, but that by such meant his blood relatives. In re Anderson's Estate, Minn. 180 N. W. 1019.

70.- -Resulting Trust.-Testator's residuary bequest dividing the remainder of his estate equally between two brothers, share and share alike, stating that it was his will and desire that they be obliged to look after the welfare of another brother, did not constitute a trust in favor of such other brother, and the first two brothers took the bequest subject only to the expression of desire that they look after the other brother.-In re Fisher's Estate, Pa. 11

Atl. 17.

71. Workmen's Compensation Act-Refusal to Submit to Operation.-An employe refusing to submit to an operation for hernia cannot recover compensation under Workmen's Compensation Act for the period of time beyond that which would have been required for his recov ery after the operation if the danger incident to such operation was practically negligible. Schiller v. Baltimore & O. R. Co., Md. 112 Ail

272.