Bonds.

An attachment bond must be in a sum three
times the amount stated in the petition to be
due.-Griffith v. Milwaukee Harvester Co. (Io-
wa) 243.

The court has no discretion to permit the filing
of an attachment bond in an amount less than
that required by statute.-Griffith v. Milwaukee
Harvester Co. (Iowa) 243.

Right to remedy defects in a bond by a new
bond, to take effect as of the date of the origin-
al.-Griffith v. Milwaukee Harvester Co. (Iowa)
243.

Levy and lien.

No valid levy can be made on an equitable
interest in land where the defendant is not in
possession.-Shoemaker v. Harvey (Neb.) 109.

A levy on land by posting a copy thereof is
not effective against a third party when there
is an occupant of such property.-Shoemaker v.
Harvey (Neb.) 109.

Under Rev. St. § 2729, where a creditor of
an insolvent corporation attaches its property
with knowledge of its insolvency, he acquires
a valid lien, which will be protected under a
subsequent sequestration action.-Ballin v. Mer-
chants' Exch. Bank (Wis.) 1118.

Where, on motion to dissolve, the counter affi-
davits clearly state fraud, they are not over-
come by general averments denying fraud in
the moving affidavits.-Rosenberg v. Burnstein
(Minn.) 684.

Propriety of refusal of district court to en-
tertain a motion to discharge an attachment on
appeal from the county court, in which such a
motion had been refused.-Stutzner v. Printz
(Neb.) 620.

A motion to discharge an attachment must be
filed before judgment in the action, though a
ruling thereon may be given after judgment.-
Stutzner v. Printz (Neb.) 620.

Right to determine the validity of a mortgage
on the hearing of a motion to discharge an at-
tachment, based on the ground that the mort-
gage was fraudulent as to creditors.-Landauer
v. Mack (Neb.) 597.

Wrongful attachment.

Admissibility of certain evidence to show
malice in an action for the malicious prosecu-
tion of an attachment.-Tykeson v. Bowman
(Minn.) 909.

Verdict in a suit for malicious prosecution
of an attachment held not to be excessive.-
Tykeson v. Bowman (Minn.) 909.

ATTORNEY AND CLIENT.

Argument of counsel, see "Criminal Law";
"Trial."

Powers of attorney, see "Powers."

Where, on claim and delivery, the personal
property is specifically described, and the officer
seizes it under the indorsement of plaintiff's at-
torney, plaintiff is liable for its value to a third
party, who is the actual owner.-Feury v. Mc-
Cormick Harvesting Mach. Co. (S. D.) 162.

Written authority to an attorney to appear
for defendants in procuring an order held to
be sufficient, though such authority was not ex-
ecuted until five days after the order was pro-
cured.-Olmstead v. Firth (Minn.) 1017.

An agreement to pay an attorney for services
an amount equal to that paid another attorney
in the same action is valid.-Lungerhausen v.
Crittenden (Mich.) 270.

Evidence of plaintiff's ability as an attorney is
admissible in an action for services to show their
value.-Lungerhausen v. Crittenden (Mich.) 270.

Evidence examined, and held insufficient to
show that contract of an attorney for services
was rescinded.-Sheehy v. Duffy (Wis.) 295.

Autrefois Acquit and Convict.
See "Criminal Law."

BAIL.

Where a conviction of murder in the second
degree is reversed, defendant is entitled to bail,
and McClain's Code, § 5489, does not apply.-
State v. Helm (Iowa) 246.

invalid where the court before which the pris-
A recognizance on appeal from a justice is
oner is to appear is not stated.-Pill v. State
(Neb.) 96.

BAILMENT.

See, also, "Banks and Banking"; "Carriers";
"Pledge."

A gratuitous bailee is liable to the bailor for
negligence.-Jones v. Foreman (Iowa) 846.

A mere naked bailee cannot recover for the

conversion of the bailed property when the
bailor or owner has intervened and claimed the
property.-Engel v. Scott & Hollister Lumber
Co. (Minn.) $25.

Ballots.

See "Elections and Voters."

BANKRUPTCY.

See, also, "Assignment for Benefit of Creditors";
"Composition with Creditors"; "Insolvency.'

A deed of land by a bankrupt's assignee, pur-
porting to convey only the bankrupt's interests,
conveys subject to all equities existing against
the bankrupt.-De Mey v. Defer (Mich.) 524.

BANKS AND BANKING.

Right of a special depositor to impress a
trust for the amount of his deposit on the
funds of the bank on its failure is dependent
on whether the bank's money has, after the de-
posit, been reduced below the amount thereof.
-In re Johnson (Mich.) 352; Sherwood v. Cen-
tral Michigan Savings Bank, Id.

Question whether money, received by a bank
in payment of mortgages left with it for col-
lection, and under directions from the mortga-
gee not to deposit the money to his credit, cre-
ated the relation of debtor and creditor between
the bank and him.-In re Johnson (Mich.) 352;
Sherwood v. Central Michigan Savings Bank,
Id.

Evidence showing that a draft sent to defend-
ant by the vice president of plaintiff bank was
charged to defendant on books of the bank
with his consent, so as to justify a recovery
therefor by the bank, though he claimed that
it was sent to him by the vice president in set-
tlement of personal accounts between them.--
Findlay v. Richards (Iowa) 428.

Propriety of findings that a bank was charge-
able with constructive notice of the fact that
its president and cashier were interested in
note assumed by them, and payable to the
bank, and that it ratified their acts in extend-

Where one makes a loan to a purchaser of
land of the amount necessary to pay therefor,
receiving a mortgage to secure it, and deposits
the money in a bank, to be paid over to the ven-
dor, and the cashier of the bank falsely states
to the vendor that he has the right to hold the
money until a defect in the title can be cured,
and sends the vendor a certificate of deposit
payable when the title is straightened, and in a
few days becomes insolvent, the vendor is not a
voluntary creditor of the bank, and the money
is held in trust for him, and the title thereto
does not pass to the receiver.-State v. State
Bank (Neb.) 252.

A note given to a bank held to have been paid
by the receipt of money therefor by its cashier,
who had complete control of the affairs of the
bank.-Wing v. Commercial & Sav. Bank
(Mich.) 1009.

Where the other bank officers were ignorant
of the acts of the vice president in his personal
dealings with the bank, which were against its
interest, the bank is not bound by his knowl-
edge of such dealings.-Findley v. Cowles
(Iowa) 998.

The withdrawal by an officer of a bank of his
own notes, owned by the bank, and the substi-
tution of certain stock therefor, held to be a
fraud on the bank, and not to constitute pay-
ment of the notes.-Findley v. Cowles (Iowa)

998.

Power of state bank, succeeding a national
bank under 3 How. Ann. St. § 3208b6, to en-
force a written authority held by such bank for
the indorsement of commercial paper.-First
Commercial Bank of Pontiac v. Talbert (Mich.)
888.

Where the president of a bank purchased in-
crease stock by the use of funds of a city of
which he was treasurer, the bank is not re-
sponsible for his false representations to
a
third person purchasing the stock of him.-
Dunn v. State Bank (Minn.) 27.

BASTARDY.

Bona Fide Purchasers.

See "Negotiable Instruments"; Sale"; "Vendor
and Purchaser."

BONDS.

See, also, "Principal and Surety."
Attachment bonds, see "Attachment."
County bonds, see "Counties."
On appeal, see "Appeal."

Bond intended to take effect as a statutory
stay bond held to be a common-law obligation
to pay the judgment.-Lustfield v. Ball (Mich.)
339.

BOUNDARIES.

as to the correctness of the starting point of a
Sufficiency of the testimony of a civil engineer
survey in order to warrant the admission of
the survey to determine a boundary. — Man-
istee Manuf'g Co. v. Cogswell (Mich.) 884.

line was established by the construction of a
Question for jury as to whether a boundary
building by plaintiff which encroached on de-
fendant's line, and to which defendant did not
object for several years, until he had a sur-
vey made.-Manistee Manuf'g Co. v. Cogswell
(Mich.) 884.

BREACH OF MARRIAGE

PROMISE.

An allegation that defendant entered into a
verbal contract, by which he promised and
agreed to marry plaintiff, is sufficient on mo
tion in arrest.-Edwards v. Edwards (Iowa)
413,

It is proper to exclude evidence of the feeling
of plaintiff towards defendant after he refused
to marry her.-Edwards v. Edwards (Iowa)
413.

BENEVOLENT SOCIETIES.

Effect of the compromise of an action brought
by the administrator of a railway employé
against the railroad company for the death of
an employé, as defeating the right of the bene-
ficiary of a membership certificate of the rail-
way aid association to recover thereon.-Don-
ald v. Chicago, B. & Q. Ry. Co. (lowa) 971.

Best and Secondary Evidence.
See "Evidence."

Bill of Exceptions.

See "Appeal"; "Exceptions, Bill of."

Bills and Notes.

See "Negotiable Instruments."

BLACKMAIL.

Instructions considered, and held not erroneous
the evidence.-Rutter v. Collins (Mich.) 267.
and plaintiff was engaged in general housework,
Where defendant had considerable property,
the jury should consider the social standing of
defendant, and the pecuniary circumstances of
plaintiff, and compensate her for the loss of pro-
spective station and home.-Rutter v. Collins
(Mich.) 267.

BRIDGES.

A county is liable for injuries caused by a
defective bridge, though no notice of the defects
had been given to any officer of the county.-
Raasch v. Dodge County (Neb.) 725.

One injured under a street bridge in a pas-
sageway more than the statutory width cannot
recover because another passageway was less
than that width.-Barron v. Chicago, St. P.,
M. & O. Ry. Co. (Wis.) 303.

Evidence in an action for personal injuries
caused by a defective bridge examined, and ko'd
to show contributory negligence. - Fisher v.
Town of Franklin (Wis.) 80.

Admissibility, in action against a county for
injuries caused by a defect in a bridge, of eri-
dence that a county supervisor was informed of
the defect before a regular meeting of the board
held before the accident.-Morgan v. Fremont
County (Iowa) 231.

Briefs.

Brokers.

See "Factors and Brokers."

BUILDING AND LOAN ASSOCI-

ATIONS.

A loan association must accept, in satisfaction
of a mortgage of one of its members, such sum
as the secretary, at the time of making the loan,
stated would be sufficient to pay it.-Sawyer
v. Menominee Loan & Bldg. Ass'n (Mich.) 521.

Cancellation.

Of contracts, see "Equity."

Canvass.

Of votes, see "Elections and Voters."

CARRIERS.

CHARITIES.

A city of the second class may take a devise
in trust for the maintenance of infirmaries for
the poor.-Phillips v. Harrow (Iowa) 434.

Question whether a library association was
for the public welfare, and charitable, when
one could take a book therefrom only by pay-
ing a fee, it not being organized for pecuniary
profit, and all being entitled to use the books
in the rooms.-Phillips v. Harrow (Iowa) 434.

The fact that a provision in a devise to a city
for charities that, in emergencies, a part of the
fund might be temporarily diverted, was too
indefinite, did not invalidate other parts of the
devise. Phillips v. Harrow (Iowa) 434.

Sufficiency of description of beneficiaries in
a devise in trust for poor and needy people of a
city, dependent on their labor for a livelihood,
and for religious societies, without regard to
sect, and for a foundling hospital.-Phillips v.
Harrow (Iowa) 434.

Effect, on devise to a city of property in trust
for charities, of a provision therein that an hotel
included in the property should be kept, and
that a fund should be provided from the income
of the hotel should remain the same.-Phillips
v. Harrow (Iowa) 434.

A railroad company is not bound, by the fact
that it carries freight free for the proprietor of
one of its eating houses, to do a like service for
all other proprietors of eating houses on its
road.-Kelly v. Chicago, M. & St. P. Ry. Co.
(Iowa) 957.

Sufficiency of evidence to sustain a verdict for
plaintiff, who was injured while alighting from
a car, she alone testifying that she did not
alight until the car stopped, and other witnesses
testifying to the contrary.-Hardy v. Milwaukee
St. Ry. Co. (Wis.) 771.

Error in refusing to tell the jury, in an action
against a street-car company for personal in-
juries, that the previous speed of the car as
testified to had no bearing on the question of
defendant's negligence in starting the car while
plaintiff was alighting. - Hardy v. Milwaukee
St. Ry. Co. (Wis.) 771.

Instructions in an action against street-car
company for injuries held erroneous, as refer-
ring to only one of the allegations of negligence
contained in the complaint.-Bowdle v. Detroit
St. Ry. Co. (Mich.) 529.

In an action for wrongful expulsion from a
street car, the jury may take into considera-
tion plaintiff's standing in life, in order to esti-
mate his feeling of humiliation.-Schmitt v.
Milwaukee St. Ry. Co. (Wis.) 834.

In estimating damages for wrongful ejection
from a street car, allowance should not be made
for injury to plaintiff's business or professional
reputation.-Schmitt v. Milwaukee St. Ry. Co.
(Wis.) 834.

CHATTEL MORTGAGES.
See, also, "Fraudulent Conveyances."

Evidence examined, and held, that a certain
instrument constituted an
mortgage, giving a vendor's lien on the chattels,
equitable chattel
and a right to enforce the same.-Berlin Mach.
Works V. Security Trust Co. (Minn.) 1131.

The execution and filing of a release is not
conclusive evidence of payment in favor of a
cution of the release.-Waggoner v. First Nat.
mortgagee whose lien attached before the ex-
Bank (Neb.) 112.

Where there are first and second chattel
mortgages, the holder of the first, having no-
tice of the second, cannot release property cov-
ered by the first, and not by the second, so as
to injure the holder of the second mortgage.—
Loveland v. Cooley (Minn.) 138.

Where a mortgagor is allowed to retain pos-
session of the chattels, and dispose of them in
the usual course of business, the mortgagee can-
not maintain replevin for some of them sold on
credit.-Byam v. Johnson (Iowa) 970.
Validity, construction, and effect.
A pre-existing debt is a sufficient considera-
tion.-Berlin Mach. Works v. Security Trust Co.
(Minn.) 1131.

The presumption that a mortgage is fraudu-
lent from the fact of possession of the chattels
by the mortgagor is not conclusive.-Chaffee
V. Atlas Lumber Co. (Neb.) 637.

A pre-existing debt is a sufficient considera-
tion for a chattel mortgage, and protects the
mortgagee as if there had been a new consid-
eration.-Chaffee v. Atlas Lumber Co. (Neb.)

Question as to whether a contract of insur-
ance on property in Iowa was executed in Wis-
consin, where the home office of the insurance
company was located, the transaction being
made through corporations in Illinois. Seamans
v. Knapp, Stout & Co. Company (Wis.) 757.

Consideration.

Of contract, see "Contracts."
Of mortgage, see "Chattel Mortgages."

CONSPIRACY.

The fact that a railroad company, after leas-
ing an eating house on its road, induces anoth-
er person to start an eating house a short dis-
tance away by agreeing to stop trains there
for meals, does not show an actionable con-
spiracy on its part.-Kelly v. Chicago, M. &
St. P. Ry. Co. (Iowa) 957.

Constable.

See "Sheriffs and Constables."

CONSTITUTIONAL LAW.

Intoxicating liquor laws, see "Intoxicating Liq-
uors."

Titles of acts, see "Statutes."

The provision that the right to be heard in
the court of last resort shall not be denied, does
not prohibit statutes prescribing reasonable
rules for review of a cause by appeal, such as
the requirement of a bond.-School Dist. No. 6,
Cass County, v. Traver (Neb.) 720.

Taxation of the business of a telegraph com-
pany exclusively within the state is not in vio-
lation of the interstate clause of the constitution
of the United States.-Western Union Tel. Co.
v. City of Fremont (Neb.) 724.

Laws 1890, c. 81, 8 10, providing that clerks
of courts in counties of 10,000 inhabitants or
under shall receive $1,500 salary, and, in coun-
ties with a greater population, $2,000, is con-
stitutional.-Minnehaha County v. Thorne (S.

D.) 688.

Laws 1893, c. 124, § 15, regulating manner of
taking fish, is constitutional.-State v. Mrozin-
ski (Minn.) 560.

Gen. Laws 1893, c. 4, providing for the ap-
pointment of three persons to inspect the ballots
of a contest for the legislative office, does not
conflict with article 4, § 3, making each house
the judge of the election of its own members.
In re Election Contest (Minn.) 553; State v.
District Court Seventh Judicial District, Id.
A provision of a city charter, that jurors
must be qualified electors, of fair character.
freeholders, and understand English, is consti-
tutional.-City of Saginaw v. Campau (Mich.)

65.

Code Civ. Proc. § 531, providing for the bet-
ter protection of the earnings of laborers and
employés, is constitutional.-Bishop v. Middle-
ton (Neb.) 129.

Power of legislature to apportion the bonded
indebtedness of a town between the town and
a village. Rumsey v. Town of Sauk Centre
(Minn.) 330.

CONTEMPT.

der of the district judge, he may be punished
for contempt.-McAleese v. State (Neb.) 88.
obey the order of the court, an affidavit sworn
On trial of a county officer for refusal to
to before any authorized officer is admissible.-
McAleese v. State (Neb.) SS.

Contest.

Of election, see "Elections and Voters."

CONTINUANCE.

An application during the progress of the trial
is addressed to the discretion of the court.-
Billingsley v. Hiles (S. D.) 687.

An application for continuance held properly
denied, there being no showing of unavoidable
absence of an important witness, nor that his
testimony could be secured by granting a contin-
uance.-Home Fire Ins. Co. of Omaha v. Gal-
ley (Neb.) 84.

Where defendant makes no effort to procure
the deposition of a witness outside of the juris-
diction, a continuance is properly denied.-Kan-
sas City, W. & N. W. R. Co. v. Conlee (Neb.)
111.

CONTRACTS.

See, also, "Assignment"; "Assignment for Ben-
efit of Creditors"; "Bonds"; "Carriers";
"Chattel Mortgages"; "Covenants"; "Deed";
"Duress"; "Factors and Brokers"; "Frauds,
Statute of"; "Fraudulent Conveyances"; "In-
surance"; "Landlord and Tenant"; "Master
and Servant"; "Mechanics' Liens"; "Mort-
gages"; "Negotiable Instruments"; "Partner
ship"; "Payment"; "Pledge": "Principal and
Agent"; "Principal and Surety"; "Sale":
"Specific Performance"; "Usury"; "Vendor
and Purchaser.”

Damages for breach, see "Damages."
Of city, see "Municipal Corporations."
Of corporation, see "Corporations."
Of employment, see "Master and Servant."
Reformation, see "Equity."
Rescission, see "Equity."

Where a question of deferred payments in a
contract for sale of land is undetermined, there
complete contract.-Furst
(Iowa) 857.

is no

V. Tweed

A new contract in regard to the subject-mat-
ter of a former one does not necessarily destroy
the previous one except in so far as it is incon-
sistent therewith.-Uhlig v. Barnum (Neb.) 749.

Waiver of right to a certain salary under an
agreement to employ one in the future, in con-
sideration of a release of a claim for injuries re-
ceived in the same service.-Brighton v. Lake
Shore & M. S. Ry. Co. (Mich.) 550.

Evidence examined, and held, that orders
given by defendant's agent to plaintiff in the
performance of a contract were binding on de-
fendant. Stevenson v. Michigan Log-Towing
Co. (Mich.) 536.

Admissibility of evidence of negotiations by
letter and of the conduct of the parties to es-
tablish a contract between them.-Dayton v.
Dakin's Estate (Mich.) 349.

Oral negotiations leading up to a written lease
held to have been merged in a lease.-Kelly v.
Chicago, M. & St. P. Ry. Co. (Iowa) 957.

A contract for personal services is revoked by
the incapacity from illness of the contracting
party to render them.-Powell v. Newell (Minn.)
335.