conditions that the title shall not vest in the vendee, unless the price agreed upon be paid within a specified time, the vendee has no attachable interest in the property until the performance of the condition." Drake on Attachment 246; Buckmaster vs. Smith,22 Vt. 203; McFarland vs. Farmer, 42 N. H. 386; 19 Fed. 760; Lucas vs. Birdsey, 41 Conn. 357.

Now under the law as laid down in this decision, and all of the decisions upon the subject that we are able to find, we think that the conclusion of the jury and the finding of the court that the plaintiff was entitled to recover his goods was correct, and as the instructions of the court correctly state the law as laid down in this opinion, we think the instructions were eminently proper, and correctly stated the law.

The only remaining assignment of errors is that the court erred in not numbering and marking its instructions as required by the statute, but in making this contention, we think that counsel for plaintiff in error has entirely overlooked the express provision of our statute. Wilsons's Stat., sec. 4462, provides: "When the evidence is concluded, and either party desires special instructions shall be reduced to writing, numbered and signed by the party or his attorney asking the same, and delivered to the court. The court shall give general instructions to the jury which shall be in writing, and numbered and signed by the judge if required by either party."

Now in this case the record does not disclose that any requirement or request was made by defendant or either of them for numbering of the instructions. The instructions were in writing, which is the essential thing. The failure to not number the instructions, there being no request, is not error, and at best, if error, would be harmless error and would be no ground for reversing the case, the instructions being otherwise correct.

Having examined the entire record, and finding no error therein, and believing that substantial justice has been none, the decision of the probate court is affirmed at the costs of the plaintiff in error. All the Justices concurring, except Garber and Pancoast, absent.

REVIEWS.

PROBATE REPORTS ANNOTATED, Vol. Eleven. Selected and Annotated by William L. Clark,

Author of Clark on Contracts, etc., etc.

Published by Baker, Voorhis & Company, Price $5.50 per vol.

New York.

For a number of years the long since established law publishing house of Baker, Voorhis & company has had in its employment a staff of experts under the leadership of the celebrated author, W. L. Clark, and as a result of their labors have been produced every year a volume that may justly be entitled the cream of the law on Probate Law and Practice. Out of the immense amount of matter disposed of by the courts annually there is much repetition, and many cases ill digested. Even if it was possible for the average practitioner to become possessed of all that is decided by all the state and federal courts and he was competent to classify principles of law, his entire time devoted to it would hardly permit him to assort the law as extracted from the adjudicated cases and have time to use and apply his acquired knowledge to the practice of it in the courts. This fact has established a demand for the labor of experts in the work of assorting, classifing and annotatng. Under this arrangement of securing skilled labor this volume eleven has been compiled and is now before

the profession. within its covers are to be found the most important cases on the subject, that have been disposed of during the past year from all the states. The case of Godfrey vs. Smith, et al., on nuncupative wills, in exhaustive notes covers 20 pages. Welsh vs. Gist, et al., on the presumption against intestacy beside the regular notes suggests points of law and thoughts that are new.

In re Sigels Estate on the effect of codicils as altering or revoking the devise deserves attention, as well as Thomas et al., vs. Thomas et al., on lost or destroyed wills.

Another case of great interest in this volume is Bealafeld et al., vs. Slaughenhaupt, on the question of the rights of illegitimate children. The whole volume is full of interest from beginning to end and contains over one hundred cases in full besides the digests of about one hundred more, on related points which throw light on those published in full. This excellent series is rapidly becoming a reference library within itself. Since the publication of volume 9, the annotators have been citing the preceding volumes in a systematic manner each volume adding and throwing light on the other, thus affording those who secure the complete series the best working library extant on this division of the law. Especially in a new state where the system of practice is in a formative stage, this series of probate reports are indispensable.

As our space for reviews is short this month, we simply acknowledge the receipt of the following books which will receive our attention in the next issue: 7 A. & E. Ann. Cases. Edward Thompson Co., N. Y. Limitations of Taxing Power. Bancroft-Whitney Co. Encyclopædia of Evidence, Vol. 10. L. D. Powell Co.

The new Supreme Court of the State of Oklahoma will meet in its first regular session December 2d, 1907.

COUNTY ATTORNEYS.

The newly elected county attorneys of Oklahoma met in Guthrie a few days since and formed an organization. The following officers were elected: T. F. Roberts, of Pawnee, president; W. J. Crump, of Muskogee, vice president: J. J. Davis, of Chandler, secretary

treasurer.

The next meeting will probably be held during the first session of the supreme court of Oklahoma, or earlier with the district judges.

The following permanent committees were appointed to report at the next session of the attorneys:

Executive-J. W. Reece, Stillwater; J. E. Eaton and E. J. Dick. Buffalo.

By-laws-S. E. Freeling, Shawnee; E. Franklin, Purcell; N. E. Breckenridge, Tulsa; W. L. Curtis, Salisaw. Legislature-Robert Wisen bish, Ada; J. D. Mitchell, Pauls Valley; Robert Barnes, Duncan.

Judge Irwin, late associate Justice of Oklahoma, upon failure of further appointment, has packed his satchel and departed back to Illinois. (For further details see Niblack's Thesis on "Carpet-Baggers.")

EXAMINING BOARD.

The new Supreme Court of Oklahoma has appointed the following prominent attorneys, who will constitute examining board for admission of attorneys to practice, in the new state as now organized:

First District: Geo S. Ramsey, and Burns Elder.

Second District: Thomas Mc Keown, and Walter A. Ledbetter.

Third District: H. B. Martin, and Chas J. Wrightsman,

Fourth District: Lewis Davis, and Benj. Williams Jr. Fifth District: Testor Romans, and Charles H. Parker. To the above ten is added a member at large and the honor has fallen upon John W. Scothorn the chairman of the old territorial examining board.

Hon. Charles J. West, the lately elected AttorneyGeneral of Oklahoma, is making things interesting for the corporations. Mr. West deserves the moral support of every citizen of the new state. His work is far-reaching and his success the welfare of all, when fully understood. His pluck, courage and legal ability in exposing the nefarius greed of corporations is not only a benefit to business merchant, but to every consumer, and Joshua like "hands should be upheld" while the battle rages.

Judge James E. R. Riddick, one of the Judges of the Arkansas Supreme court, died at his home in Little Rock, the 9th day of October.

Hon. John Embry, is enjoying a vacation, in the way of a tour through New Mexico, Arisona and California. While away he has been re-appointed to succeed himself as United States Attorney for the Western District of Oklahoma. Mr. Embry is one of those happily constituted individuals whom office does not hurt. He is always the same unassuming, courteous gentlemanly gentleman in office that he was out of office, and all who have the pleasure of his acquaintance will rejoice in his re-appointment.

By actual count and examination Edward Thompsons Encyclopædias have been cited by the highest courts 42,687 times. The American and English Encyclopædia of Law is not only the best, but by reason of a scientifically arranged and continued Supplement it is always up-to-date, and anything new is accurately connected with the second edition, that the lawyer is always abreast with the progress of the day.