judgment does not conform to the judgment intended by the court.-A. G. Story Mercantile Co. v. McClellan, Ala., 40 So. Rep. 123.

73. JUDGMENT-Res Judicata.-A judgment foreclosing a lien on certain sawmill machinery for the unpaid portion of the price held res judicata against the holders of realty liens and their grantees.-Wm. Cameron & Co. v. Jones, Tex., 90 S. W. Rep. 1129.

74. LANDLORD AND TENANT-Necessity of Reducing Lease to Writing.-Where in an agreement for a lease it is stipulated that the lease shall be reduced to writing, the contract is not completed until the writing is executed. In re Woodville, La., 40 So. Rep. 174.

75. LIBEL AND SLANDER-Damages.-In an action for slander consisting of words slanderous per se, the amount of damages to which plaintiff is entitled depends in part on the effect of the malice on plaintiff's mind.Gendron v. St. Pierre, N. H., 62 Atl. Rep. 966.

76. LIBEL AND SLANDER-Proof of Words Constituting Slander.-One suing for slander arising from defendant charging plaintiff with larceny is not bound to prove all the words set out in the declaration Robinson v. Van Auken, Mass., 76 N. E. Rep. 601.

77. LIBEL AND SLANDER-Truth as a Defense.-The rule that the truth of a libel must be pleaded as a defense does not apply where the petition shows that to be true which would be a good defense and a demurrer reaches the defect.-Rollins v. Louisville Times Co., Ky., 90 S. W. Rep. 1081.

78. LIFE INSURANCE-Waiver of Conditions by Agent. -An agent of a life insurance company held authorized to waive a cendition of the policy requiring the insured to be in good health at the time of the delivery of such policy.-Metropolitan Life Ins. Co. v. Willis, Ind., 76 N. E. Rep. 560.

79. MANDAMUS-Supervision of Official Action.-Mandamus will not lie to compel the mayor of a city to enforce Sunday closing laws and ordinances against the saloons of such city.-People v. Dunne, Ill., 76 N. E. Rep. 570.

80. MASTER AND SERVANT-Assumed Risk.-A lineman employed by an electric company to remove wires from old poles held to assume the risk of injury in consequence of defects in poles, precluding a recovery for injuries received in consequence thereof.-Evansville Gas & Electric Light Co. v. Raley, Ind, 76 N. E. Rep. 548.

81. MASTER AND SERVANT-Contributory Negligence.In an action for personal injuries sustained by an employee operating a stationary engine, an instruction held properly refused in view of the plea of contributory negligence.-Sloss Sheffield Steel & Iron Co. v. Hutchinson, Ala., 40 So. Rep. 114.

$2. MASTER AND SERVANT - Defective Appliances.- In an action for injuries received while employed as a fireman on defendant's engine, evidence considered, and held insufficient to show that the coal board in the engine was defective.-Missouri, K. & T. Ry. Co. of Texas v. Hanson, Tex., 90 S. W. Rep. 1122.

83. MASTER AND SERVANT-Joint Torts.-A master and servant are jointly liable for the willful tort of the servant committed within the scope of his employment.Able v. Southern Ry., S. Car., 53 S. E. Rep. 962.

84. MINES AND MINERALS-Rescission of Contract.Because of the peculiar nature of oil and gas, a gross misrepresentation as to the quantity and location of land covered by an oil lease, relied on by the vendee, is ground for rescission.-Bruner v. Miller, W. Va., 53 S. E. Rep. 995.

85. MUNICIPAL CORPORATIONS-Gifts to Town for Library Purpose. -A gift of a library building and a library fund held a gift to a town in its corporate capac ity.-Nelson v. Inhabitants of Georgetown, Mass., 76 N. E. Rep. 606.

86. MUNICIPAL CORPORATIONS-Special Funds.-A fund donated to a town for library purposes held, on being paid over to the town, should be impressed with a trust

to indemnify the library trustees arising from contracts executed by them.-Nelson v. Inhabitants of Georgetown, Mass., 76 N. E. Rep 606.

87. MUNICIPAL CORPORATIONS-Warrant as Evidence of Indebtedness. A warrant or voucher issued by a Pennsylvania borough held an evidence of indebted · ness which would support an action by the payee, without reference to the contract out of which it arose.Coleman v. Borough of New Kensington, U. S. C. C., W. D. Pa., 140 Fed. Rep 684.

$8. NAVIGABLE WATERS-Obstructions -An owner of land abutting on a navigable river cannot place any structure or filling between high water and low-water mark which would obstruct the river for navigation.McGunnegle v. Pittsburg & L.. E. R. Co., Pa., 62 Atl. Rep.

988.

89. NUISANCE-Animals Killed by Railroad - Where animals were killed by a locomotive near plaintiff's house, and the railroad company refused to remove them, and plaintiff was troubled with the resulting odors, held punitive damages could be recovered.-Yazoo & M. V. R. Co. v. Sanders, Miss., 40 So. Rep. 163.

90. OFFICERS-Reduction of Compensation.-The legislature may change the statutory duties and diminish the emoluments of a constitutional office. - Fortune v. Buncombe County Com'rs, N. Car., 53 S. E. Rep. 950.

91. PARTNERSHIP - Action Against. - In an action against two persons as partners for conversion, held error under the evidence to render judgment against one of the defendants and against the firm named.Russell v. Bellinger, Ala., 40 So. Rep. 132.

92. PARTNERSHIP-Liability of Purchaser of Partner's Interest.-A purchaser of a partner's interest in a firm does not render him liable for previous debts of the firm not assumed by him.-Humes v. Higman, Ala., 40 So. Rep. 128.

93. PARTNERSHIP-Liens as Against Subsequent Creditors.-Liens on property contributed to a partnership and existing at the time of the formation thereof held superior to claims of subsequent partnership creditors. -Merkley v. Gravel Switch Roller Mills Co.'s Assignee, Ky., 90 S. W. Rep. 1059.

94. PATENTS-Suit for Infringement.-A court of equity which has acquired jurisdiction of a suit for infringe. ment does not lose such jurisdiction because pending the suit the complainant assigns the patent to another, who is brought in by supplemental bill under equity rule 57.-Leadam v. Ringgold & Co., U. S. C. C., S. D. N. Y., 140 Fed. Rep. 611.

45. PAYMENT-What Constitutes. Under a plea of payment, a discharge of the obligation in money or its equivalent may be shown; but it is not permissible to show a gift by the creditor of the amount of the obligation.-White v. Black, Mo., 90 S. W. Rep. 1153.

96. PLEADING-Error Cured by Verdict.-In an action by an employee for injuries, a defect in the petition alleging in blank the amount of plaintiff's damages held cured by verdict.-Covington & C. Bridge Co. v. Hull, Ky., 90 S. W. Rep. 1055.

97. PRINCIPAL AND AGENT-Breach of Duty.-Where defendant, who was employed as plaintiff's salesman, secretly procured plaintiff to sell wheels to him through another at wholesale prices, which defendant resold, plaintiff's measure of damages was the difference between the price received by plaintiff and the market value of the wheels.-George N. Pierce Co. v. Beers, Mass., 76 N. E. Rep. 603.

98. PROHIBITION-Construction of Bridge. — Prohibi. tion does not lie to restrain the commissioner's court from proceeding with the construction of a bridge for which a contract has been let.-Goodwin v. State, Ala., 40 So. Rep. 122.

99. PUBLIC LANDS-Evidence of Grant. - Absence of documentary evidence, evidencing an ancient Spanish grant may be explained by showing a reasonable prob. ability that the documents have been destroyed.-State V. Ortiz, Tex., 90 S. W. Rep. 1084.

101. RAILROADS-Care Required at Crossings.-The de. gree of care required both by a railroad company and a person approaching a crossing held such as a prudent man would exercise under the circumstances of the case in endeavoring to perform his duty. Cooper v. North Carolina R. Co., N. Car., 53 S. E. Rep. 932. 102. RAILROADS-Grade Crossings.-A railroad company has power to determine for itself the particular means employed to protect the public at street or highway crossings In re Pennsylvania R. Co., Pa., 62 Atl. Rep. 986.

103 RAILROADS-Management and Control of Train.The foreman of defendant's construction crew held not engaged at the time of the accident in the operation and management of the train, with absolute control of the movements thereof, so as to render his negligent failure to warn deceased of his danger imputable to defendant.-Forge v. Houston & T. C. R. C., Tex., 90 S. W. Rep. 1118.

105. RECEIVERS - Sale of Property. - Receiver's inventory held admissible in action by receiver for breach of contract claimed by defendant to have been sold at receiver's sale to show what was included in the term "assets" used in the order of sale.-Illinois Steel Co. v. Preble Mach. Works Co., Ill., 76 N. E. Rep. 574.

106. SALES-Conditions Precedent. The omission of provision for interest in note given for purchase price on conditional sale of mule held not ground for recovery of the mule by the seller in detinue.-Wellden v. Witt, Ala., 40 So. Rep. 126.

107. STATUTES-Construction.-Where the language of a statute is plain, contemporaneous, or antecedent, history cannot be resorted to in aid of construction.State v. Henry, Miss., 40 so. Rep. 152.

109. STREET RAILROADS - Instructions as to Duty of Motorman.-In an action for injuries to a pedestrian in collision with a street car, a request to charge held properly refused as eliminating the duty of a motorman in the emergency of seeing plaintiff on the track.-Hovarka v. St. Louis Transit Co., Mo., 90 S. W. Rep. 1142. 110. STREET RAILROADS-Negligence. It is not negli. gence for the operatives of a street car to fail to keep the same stationary until (a passenger has seated himself, unless he is crippled or in some condition which makes it reasonably apparent to those in charge of the car that the passenger needs unusual care. -Bennett v. Louisville Ry. Co., Ky., 90 S. W. Rep. 1052.

Nail Co. v. Putnam Nail Co., U. S. C. C., D. Mass., 140 Fed. Rep. 670.

113. TRIAL-Failure to Move for Non-Suit.-Where defendant submitted the case to the court on its merits without a motion for non-suit or for an order of judg ment in his favor, he waived the right to object to the insufficiency of the evidence to support the declaration. -Gendron v. St. Pierre, N. H., 62 Atl. Rep. 966.

114. TRIAL-Instruction in Equity Cases.-In equity cases it is not proper practice for courts to give instructions on the law, and a refusal to give requested instructions is not error.-White v. Black, Mo., 90 S. W. Rep. 1153.

115. TRIAL-Verdict.-Where a jury returned a verdict which is incomplete for failure to embrace a finding on a material issue, it is not error to require the jury to return to their room and complete the verdict.-Lee v. Humphries, Ga., 53 S. E. Rep. 1007.

116. TRUSTS-Statute of Frauds.-A parol agreement between the purchasers of certain lands to purchase and hold the same for a home for their mother held within ths statute of frauds and unenforceable as a trust for the mother's benefit.-Wormald's Guardian v. Heinze, Ky., 90 S. W. Rep. 1064.

117. W TERS AND WATER COURSES-Acquisition of Works of Municipality -Acts 1899, p. 568, ch. 254, authorizing towns to purchase waterworks, held not to apply to purchases made antecedent to the passage of the statute.-Eddy Valve Co. v. Town of Crown Point, Ind., 76 N. E. Rep. 536.

118. WATERS AND WATER COURSES-Damages Due to Insufficient Railroad Drains.-In an action against a railroad for injury to crops and realty by overflows caused by insufficient drainage, the evidence held not to show a claim for damages based on the fact that deposit of sediment injured the soil.-Gulf, C. & S. F. Ry. Co. v. Harbison, Tex., 90 S. W. Rep. 1097.

119. WILLS-Construction.-The phrase "in like manner," used in a provision in arrest for the payment of income of a beneficiary "in like manner" to his widow for life, remainder to the beneficiary's lawful issue, etc., held to describe the mode in which the recipients were to be benefited, and not to describe such recipients.Sterlin v. Ives, Conn., 62 Atl. Rep. 948.

120. WILLS-Trusts.-The death of one of testator's children, who were beneficiaries of a trust for the ultimate benefit of testator's grandchildren, held to operate as a severance of such child's share from the trust fune. Steling v. Ives, Conn., 62 Atl. Rep. 948.

121. WILLS-Undue Influence.-In order to cast the burden of proof of undue influence in the making of a will on one standing in confidential relations to testator, such person must be shown to have been directly connected with the making of the will.-In re Barry's Will, Ill., 76 N. E. Rep. 577.

122. WILLS-What Law Governs.-In bequest by person domiciled in Missouri to heirs of person domiciled in Germany, question as to who heirs are held governed by laws of Missouri.-In re Riesenberg's Estate, Mo., 90 S. W. Rep. 1170.

123. WITNESSES-Contradicting One's Own Witness.Accused, after having been offered a full opportunity to refresh the recollection of his own witness, held not en titled to further examine him concerning his testimony at a former trial for the purpose of laying a predicate to contradict him.-Willis v. State, Tex., 90 S. W. Rep. 1100. 124. WITNESSES-Contradiction. - On appeal to the circuit court from an order of the county court denying a probate of will, proponents may contradict testimony of subscribing witnesses by proving inconsistent affidavits made by them.-In re Barry's Will, Ill., 76 N. E. Rep.

restriction of personal liberty under cover
of the police power, 309.
prohibition of use of United States flag for
advertising purposes, 318.

denial of the right of Missouri to restrain
the state of Illinois from dumping the
sewage of the city of Chicago into the
Chicago canal and thence into the Mis-
sissippi river, 326.

decree for divorce on substituted service not
protected by full faith and credit clause
of the constiution, 333.

individualism of the constitution, 377.
validity of municipal ordinances regulating
the inspection and sale of milk and cream,
439.

excluding certain classes from jury service
as denying due process of law to a de-
fendant in a criminal proceeding, 456.
CONSTRUCTION,

are notes or other unexecuted obligations
given to a railroad company to induce
a location of station at a given point, void
as against public policy, 164.
whether a breach of a condition in a con-
tract goes to the whole consideration, 197.
when an act in the nature of a tort may
be sued upon as a breach of contract, 279.
strikes as defense to the performance
of a contract, 317.
can the unathorized act of an agent be rat-
ified by the principal after the third party
has receded from the contract, 338.

a

validity of pledges of stock without writ-
ten transfer, 70.

validity of pledges of shares of stock as

against third person, 72.

dividends on stock as property of bankrupt,
198.

liability of corporation principal to an in-
nocent third party for misrepresentation
of agent, 326.

immunity of corporation from testifying on
grounds of self-incrimination, 342.
revocation by foreign insurance company of
power of attorney to insurance commis-
sioner, 363, 366.

juridiction over foreign corporations that
have ceased to do business in the state,
428.

COURTS,

See Juvenile Courts,
jurisdiction of suits against a foreign cor-
poration by non-residents, on causes of
action arising in another state, 13.
something with reference to conflicting
opinions in the supreme courts of many
states, 179.

jurisdiction of courts of one state over an
act of bigamy committed in another state,
216.

when an act in the nature of a tort may
be sued upon as a breach of contract, 279.
United States courts in Porto Rico must ad-
minister civil and not common law wher-
ever the former provides a remedy, 357.
COVENANTS,

whether a grant by deed of a fishing or
hunting right is limited in its scope to
the conditions within the view of and
surrounding the parties at the date of
the deed, or is to be construed relative

COVENANTS-Continued.

to the advancement of society and the
improvement in the facilities affecting the
exercise of the granted right, 238.

CRIMINAL EVIDENCE,

proper instructions as to conviction on cir-
cumstantial evidence, 109.
necessity of proving beyond a reasonable
doubt every fact or circumstance neces-
sary to establish guilt where case depends
on circumstantial evidence, 111.

CRIMINAL LAW.

limitations upon the rule that criminal in-
tent may be presumed from the act it-
self, 1, 94.

proper instructions as to conviction on cir-
cumstantial evidence, 109.

duty to retreat as an essential element nec-
essary to establish the plea of self-de-
fense, 149, 152.

the doctrine of previous jeopardy, 205.
doctrine of former jeopardy, 484.
effect of new trial on the question whether
defendant has been twice in jeopardy, 476.
CRIMINAL TRIAL,

compelling the prosecution to elect on which
count in an indictment the intention is
to rely, 24.

compelling the trial court by mandamus to
authenticate copies of indictments, the
originals of which have been lost or
stolen from the files, 81, 154.

necessity of proving beyond a reasonable
doubt every fact or circumstance neces-
sary to establish guilt where case de-
pends on circumstantial evidence, 111.
CRUELTY TO ANIMALS,
See Animals.

CUSTOM,

pleading custom in an action for negligence
of workmen constructing telephone line,
253.

the bearing of custom upon the question of
what is "mistake of law" and what is
"mistake of fact," 360.

DEEDS,

whether a grant by deed of a fishing or
hunting right is limited in its scope to
the conditions within the view of and
surrounding the parties as at the date of
the deed, or is to be construed relative
to the advancement of society and the im-
provement in the facilities affecting the
exercise of the granted right, 238.
DEPOSITIONS,
plaintiff compelled to testify wherever he
is found on a deposition de bene esse
irrespective of the distance from his
place of residence, 359.

DESCENTS AND DISTRIBUTIONS,
right of murderer to inherit from the man
he murdered, 54.

DIGEST OF CURRENT OPINIONS,

15, 35, 55, 75, 95, 115, 135, 155, 173, 190.
209, 229, 248, 269, 287, 310, 328, 350, 367,
389, 408, 430, 448, 470, 488.

EQUITY,

limitations on the rule that he who comes
into a court of equity must come with
clean hands, 121, 477.

right of defendant to plead equitable own.
ership of thing in litigation to be in an-
other 438.

right of equity to grant interlocutory relief
by injunction, 453.

can a party signing a draft for consent
arbitrarily withdraw consent before en-
try of decree, 478.

ETHICS,

aid in the intellectual and moral devel-
opment of the science and practice of law,
227.

introducing certified copies of records of
other states without showing their force
and effect under the laws of such states,
102.

value of expert testimony, 246.
genuineness of handwriting a question sole-
ly for the jury, 444.

the right of a jury to pass on question of
genuineness of handwriting with or with-
out regard to evidence of witnesses, 446.
EXECUTORS AND ADMINISTRATORS,
limitations on actions by heirs to avoid
illegal sales, 84.

right to sue in equity in foreign jurisdiction
without qualifying until after suit is
filed, 414.

JUDGMENTS,

the interruption of counsel by judges, 469.
construction of judgments by consent, 89.
consent judgment as a forfeiture of right
to redeem from mortgage, 92.
decree for divorce on substituted service
not protected by full faith and credit
clause of the constitution, 333.
proceeding to set aside judgment of natu-
ralization must be by formal complaint
and not on motion even though based on
the written consent of the one natural-
ized, 416.

can a party signing draft for consent decree
arbitrarily withdraw consent before entry
of decree, 478.

progress of the movement for the establish-
ment of juvenile courts, 215.
constitutionality of acts providing for the
establishment of juvenile courts, 219.
LABOR UNIONS,

liability of master for injury to servant
where latter belongs to labor union which
controls the selection of servants, 373.

LANDLORD AND TENANT,

on

contracts for display advertisements
buildings and other structures, 3.
liability of a landlord for injuries to a ten-
ant caused by defects in the leased prem-
ises, 43, 114.

the right granted for consideration to paint
sign on building, in the nature of an ease-
ment, 104.

liability of lessor of railroad for lessee's
negligence resulting in injury to latter's
employee, 181, 267.

liability of lessee of sign board for defec-
tive condition, 455.

LAW AND LAWYERS,

confidence game worked on lawyers, 33.
some of the responsibilities of our state
and local bar associations, 41.
Harmon replies to Roosevelt in regard to
suits by interstate_commerce commission
against the Santa Fe Railroad, 54.

the Southern lawyer-a study as to the
value of courtesy, 61.

how Heinsfurter got his case continued, 93.
Lord Brougham, 246.

Lincoln the Lawyer, 247.

Lincoln's contest with the Illinois Central
Railroad over the reasonableness of pro-
fessional fees, 267.

life at the bar, 327.

an age of specialists-business attorneys to
attorneys at law, 348.

administration of law in the Indian Ter-
ritory, 413.

LAW BOOKS,

Reviews of Digests.

Missouri Digest (American Digest Classi-
fication), 269.

Pattison's Missouri Digest, Vol. 7, 286.

American Digest 1905 A., 349.