(PROPERTY RIGHTS; WILLS; LIENS; DEEDS.-CIVIL REMEDIES.) VII. PROPERTY RIGHTS; WILLS; LIENS; Deeds. The news of market quotations and sport- | ing items, gathered and furnished by a telegraph company to its patrons by means of tickers, is held to be property which will be protected by equity against appropriation by rival companies who intend to furnish it to their patrons in competition with complainant, to the injury or destruction of the service. (C. C. A. 7th C.) 805. Facts with reference to contemplated buildings or improvements, which have been ascertained promptly by effort and expense, and compiled and put in form for the use of contractors, having a commercial value so long as they are not generally known, are held to be property, and entitled to protection as such. (Mass.) 810. Waters. Appropriation of considerable quantities of water in seasons when that may be done without sensible injury to lower owners is held not to give a prescriptive right to divert the whole stream in dry seasons. (Neb.) 910. The right to the use of water, when acquired by appropriation, is held to be, in its nature, a property right, and to become a superior and better title to the use and enjoyment of such water than that of a riparian proprietor whose right attaches subsequently. (Neb.) 889. Corpse. The right to the custody and to decide upon the place of burial of the body of a deceased unmarried person is held to reside ordinarily in his next of kin; and it is held that the courts will not treat this right as having been waived or relinquished, except upon clear and satisfactory evidence of conduct indicative of a free and voluntary intent and purpose to that end. (Neb.) 440. Entry for condition broken. A right of entry for condition broken is held to be transferable after breach, independent of statute, as the English law against maintenance, which forbade such a transfer, is not in force in New Jersey. (N. J. Err. & App.) 750. Wills. Under a will by which a testator devises all his property to his widow during her life, with a provision that at her death his Garnishment. whole estate shall be equally divided be tween his children, and that the effects going into the hands of his daughters shall not be subject to the control of any husband, but shall belong to his "said daughters and their children;" and that, in case any of the children die without leaving issue, their part of the estate shall be equally divided between his other children, to be controlled in the same way,-it is held that the children of a daughter of the testator who, with such daughter, survive the life tenant, are entitled to share in common with their mother in the remainder interest which on the death of the testator vested in their mother, subject to open and let in any children subsequently born and living at the death of the life tenant; and their rights are held not to be affected by a deed of all her interests in certain realty belonging to the testator at his death, executed by their mother during the existence of the life tenancy. (Ga.) 274. Mechanic's lien. Consent to the erection of buildings on the land within the meaning of the mechanics' lien law, so as to make the property liable for liens after the contract has been forfeited and the vendor has resumed possession, is held not to be shown by a clause in an executory land contract "that the vendee shall have a right to immediate possession" for the purpose of erecting buildings. (N. Y.) 315. Deeds. A deed by one to whom an undivided interest in certain land is conveyed, of all the "surface" of such land, retaining the right to maintain on the land such openings as may be necessary for ventilation, drainage. and taking out of coal, without liability for injuries to the surface by reason of mining such coal, and the right to remove the same, given to the owner of the other half interest in such land, who had previously conveyed to the grantor all the coal in, on, or underlying his undivided half of such land, with the right to make and maintain openings for ventilation and taking out of the coal, is held to convey to the grantee the surface only, and not to pass the grantor's right to oil and gas in and under such land. (W. Va.) 795. VIII. CIVIL REMEDIES. Violation of a state statute in sending a claim out of the state for the purpose of garnishment is held not to deprive the garnishee of the protection of the foreign judg ment, under which he pays the claim, from liability to pay the debt a second time to his creditor within the state, if he has disclosed all defenses within his knowledge to the foreign court, and notified the debtor of the proceedings, notwithstanding which the foreign court, which has jurisdiction over the parties and the res, compelled him to pay the claim. (Ind.) 396. A writ of garnishment against a county is held not to be authorized by a statute giv ing a right to a writ of garnishment to any person bringing a suit in any court of à state against any person, natural or corporate, and providing that officers, agents, and RÉSUMÉ OF DECISIONS. employees of companies or corporations shall Evidence. The mere fact that the verdict of a coronor's jury must be returned to and filed with the clerk of a court of record in a state where the coroner has no judicial functions is held not to make it judicial in character, so as to entitle it to admission, in an action at law, as evidence of the facts found by him. (Or.) 620. Assault. In a civil action for assault and battery it is held that opprobrious words and abusive language cannot be considered by the jury in justification of the assault, but only in mitigation of damages, under a statute providing that, on the trial of the indictment for assault, defendant may give in evidence any opprobrious words or abusive language used by the person assaulted, and the jury shall determine whether they amount to a justification. (Ga.) 559. Cloud on title. To enable a reversioner to maintain a suit in equity to remove the cloud from his title, where the lessee, after having covenanted to pay the taxes, neglects to do so, and acquires title to the property at a tax sale, it is held that possession is not necessary. (Md.) 729. Writ and process. A member of the legislature is held to be subject, in a proper case, to be served with summons while at the seat of government for the purpose of attending the legislative session. (Neb.) 609. Ejectment. Possessory rights only are held not to be sufficient to sustain an action of ejectment (Conn.) without showing the legal title. 706. Injunction. An injunction against a husband in a suit Murder. which does not seek the dissolution of the The draining, collecting, and diverting by Damages. The measure of damages for wrongfully disconnecting a telephone because of a mistake as to the payment of rent is held to be the amount which will compensate the patron for the injuries caused by the breach of contract. (Ky.) 849. Joinder of parties. The joinder of master and servant as defendants in an action for injuries to another servant caused by the act of the de(Wash.) fendant servant for which the master is responsible, is held to be proper. 949. Conclusiveness of judgment. A judgment in a suit between the owner of property abutting on a highway and the municipality to establish the boundary of the highway is held not to be conclusive on the owner of property located on the opposite side of the street, who is not made a party to the suit, and whose access to and from his property will be interfered with if the boundary so established prevails. (Iowa) 720. IX. CRIMINAL LAW AND PRACTICE. A master who whips a servant so that he dies is held to be guilty of murder, although he has a right to inflict the punishment, and the instrument is proper, if the punishment is so prolonged and barbarous as to indicate malice. (S. C.) 801. Extradition. A person who was not corporeally present in the demanding state at the time of the commission of a crime with which he is charged is held not to be a fugitive from justice in another state within the meaning of the United States Constitution, requiring the delivery up of fugitives from justice for punishment. (N. Y.) 774. Lottery. produced by the contributions of various parties, and afterwards distributed among the parties contributing thereto, and a valuable preference or privilege in the distri bution thereof is made to depend upon chance, is held to be a lottery. (Neb.) 448. Larceny of fish. The taking with felonious intent of fish which are inclosed in a net, or in any other inclosed place which is private property, from which they may be taken at any time at the pleasure of the owner of the net or inclosure, is held to constitute larceny. (Ohio) 481. Separation of jurors. The mere separation of jurors impaneled to try a capital case, from their fellows, A scheme whereby a common fund is to be without the attendance of an officer, al (CRIMINAL LAW AND PRACTICE.) though an irregularity, is held not to be a sufficient cause for setting aside the verdict, if the court is satisfied that the prisoner has not sustained any injury from such separation. (Fla.) 547. Reading testimony of dead witness. Reading on a second trial of a criminal case testimony of a witness who died after the first trial, at which accused was present and represented by counsel, who was accorded the right of cross-examination, is held not to infringe the right of the accused to be confronted with the witnesses against him, in the presence of the court. (N. Y.) 318. Coram nobis. The writ of error coram nobis is held not to lie to vacate a judgment of conviction 60 L. R. A. and secure a retrial of the accused, because of his inability within the statutory limit of time to prepare a record on appeal showing the errors of which complaint was made. Kan.) 572. Remarks of prosecutor. The conduct of the assistant prosecutor on a trial for rape, repeatedly asking the son of the accused, on cross-examination, if he had not stated to a specified person that he suspected his father of having committed a similar offense with other girls, and that such conduct on the part of the accused caused the death of the witness's mother, and that, if at such conversation the witness did not cry out, and say, "I cannot go against my father even if he is guilty,”—is held to be ground for reversal. (Id.) 716. |