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cannot be cancelled by court of equity unless trustee is
a party. ^Humphryes v. Humphryes, W. Va. Ct. App., Nov.
24,1888;8. S. E. Rep.283.

92. EQUITY — Marshalling Assets. On bill to

marshal assets of decedent's estate where the whole
fund was in court for distribution : Held, error after
ordering senior Judgments paid to refuse to direct pa> -
ment of petitioner's mortgage out of the residue.— ^dk-
erman v. Moor, S. C. Ga., Deo. 12, 1888; 8 8. E. Rep. 821.

98. EQUITABLE ASSIGNMENT. Fact under which

the court held an equitable assignment of purchaser's
right on sale under foreclosure of mortgage.— CW6«r< v.
Husman, 8. C. Iowa, Dec. 20, 1888; 41 N. W. Rep. 8.

94. EQUITY— Rescission of Contract— Cancellation of

Note— Mistake. Equity will cancel a promissory

note executed under the belief that the maker owed the
payee, where in fact it was another person of the same
name that owed the account.— mzmaurice v. Mosier, 8.
C. Ind., Dec. 20, 1888; 19 N. E. Rep. 180.

95. ESTATES— Condition Subsequent — Demand.

Under a condition subsequent, avoiding a deed if the^
grantee should fall to make three consecutive annual
payments. It is not essential to a defeasance of the es-
tate that any demand or notice of the non-payment of
the amount should be made. — Royal v. AuUman Taylor
Co., S. C. Ind., Dec. 22, 1888; 19 N. E. Rep. 202.

97. Evidence— Best and Secondary — Lost Papers-
Continuance. Where, as In respect to a written

notice to sue, there Is but a feeble presumption that a
paper has been preserved, the defendant may intro-
duce parol evidence of its contents after proving that
the plaintiff, on Inquiry for It pending the suit, an-
swered that it was lost, that she had onade diligent
search for it, that she believed it destroyed, but that
she was bound by It.— Crawford v. Hodge, 8. C. Ga., Deo.
12, 1888 ; 8 8. E. Rep. 206.



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97. Eviossos—Doonmentary— Parol to Vary Records.

^A deed executed by a sberifl at an execution sale,

under a Judgment in wbioh be and bis wife are usees. Is
void, and parol evidence is not admissible, on tbe trial
of a claim made by tbe grantee upon tbe levy of a sub-
sequent execution, to sbow tbat, at tbe time of tbe sale,
tbe sberiff was divorced from bis wife, and tbat sbe was
the only usee.— iforr<0on r. Knight, S. 0. Ga., Dec. 28, 1888;
8 8. B. Rep. 211.

96. Evidence— Witness^Oriminatlng Questions.

Construction of Code Iowa, § 8647, providing tbat wit*
ness sball not be compelled to answer questions that
criminate hlm.^Mak<mkt v. CZeland, S. C. Iowa, Dec. 22,
1888; 41 N. W. Rep. 58.

99. Evidence— Documents— Presumption. Every

reasonable presumption will be against party with-
holding documents in his possession. %fter due notice
to produce.— ifc&inn«M v. School Dist., 8. C. Minn., Dec.
14, 1888; 41 N. W. Rep. 103.

100. Evidence— Witness— Examination of Expert.

In tbe examination of an expert witness, it is no objec-
tion to questions of counsel tbat he reads them from a
medical book, or repeats them to tbe witness from
memory,^ Tompkifu v. Weit, S. 0. Conn., July 7, 18!8; 16
AtL Rep. 237.

101. EXBOUTION— Levy— Priorities. Qoods in the

possession of |in officer under levy may be levied upon
constructively by another officer having other process,
and the process under which such constructive levy is
made is entitled to satisfaction In preference to process
subsequently coming into tbe possession of tbe officer
making the first levy.— Pen?an<f v. Leathemoood^ 6. C. N.
Car., Dec. 17. 1888; 8 S. E. Rep. 234.

102. EXECUTOBS AND ADMTNISTRATOBS— Advancement
—Overpayment. Question whether, under any cir-
cumstances, an executor has a right to recover back
from a legatee an excess of advancements made to the
latter.— £rur«l v. Morgan, W, Va. Ct. App., Nov. 24, 1888; 8
8. E. Rep. 28b.

108. Executors and advinistratobs — Appointment
—Petition. Under Rev. Stat. Me. ch. 64, § 1, it is suf-
ficient if tbe petition alleges that deceased "died intes-
tate, possessed of goods remaining to be administered,
leaving no widow."— 2>an*y v. Dawts, 8. J. C. Me., Dec. 8,
1888;16Atl. Rep. 256.

104. Executors and Administrators— Sales— Devise.

A purchaser of land, specifically devised, at a sale

by an executor under order of court, which has been
held void, and tbe land recovered by tbe devisee's
grantee, has no lien for tbe purchase prioQ,— Frost v.
Attoood, 8. C. Mich., Nov. 28. 1888; 41 N. W. Rep. 96.

105. EXECUTION— Against tbe Person— Affidavit.

Before an execution against the person of a judgment
debtor can be allowed, under the provisions of § 507,
Civil Codei an affidavit therefor must be made by tbe
judgment creditor or his attorney.— Jn re Heath, S. C.
Kan., Dec. 8, 1888; 19 Pac. Rep. 926.

106. Execution— Sale— Waiver of Mortgagor's Rights.
The mortgagee in possession cannot, by consent-
ing to tbe sale of the equity of redemption In the prop-
erty, waive tbe mortgagor's right to object to its
validity. —Metzler v, James, 8. C. Colo., Dec. 10, 1888; 19
Pac. Rep. 885.

107. EXBMPTIONS—Statute— Construction. Under

acts Conn. 1887, cb. 182, § 1, and amendments tbe day
after Its passage and revision of Jan. 1, 1888: Held, the
intent of the legislature protect wages earned after
June 1, 1887, without reference to when debt was con-
tracted.— ^um* V. Plume, etc. Co., S. C. Conn., Dec. 18,
1888; 16Atl. Rep. 260.

108. Foreign Insurance Companies- Quo Warranto.

Quo warranto held, to be a proper proceeding to

try the right of a foreign corporation to carry on its
corporate business in this State.- iStote v. Fidelity Ins.
Co., 8. C. Minn., Dec. 27, 1888; 41 N. W. Rep. 108.

100. FoRBiGii Judgment— Limitation of Actions.

A judgment of a superior court of a State of the union
other than this State, sued on in this State: Held, a for-



eign judgment, '^ithin tbe intent and meaning of $ 10 of
the Code of Civil Procedure.— if one v. Kilpatrick, 8. C.
Neb., Dec. 14, 1888; 41 N. W. Rep. 111.

110. Foreign Judgments— Evidence.— J7«M, tbat tran*
script of foreign judgment Is prima facie evidence that
tbe judgment had been recovered.— iZ«a v, Scully, 8. C.
Iowa, Deo. 21, 1888; 41 N. W. Rep. 87.

111. Frauds- Statute of— Agreement not in Writing-
Assumption of Fire Risk. A verbal promise to a

landlord by a creditor who, as security for a debt, takes
possession of a tenant's crop, that he will assume tbe
risk of fire upon being allowed to store it in a place
condidered dangerous by tbe landlord, is not within the
statute of frauds.— ZM^/on v. Patterson, 8. C. Miss., Npv.
26, 1888; 6 South. Rep. 103.

112. Frauds— Statute of —Payment — Possession.

An oral contract for tbe purchase of real estate, fol-
lowed by the payment of a portion of the purchase
price and the taking of actual possession, would con-
stitute a valid contract.— X<p/> v. Hunt, 8. C. Neb., Dec.
18,1888;41N. W. Rep.148.

118. Fraudulent CONVETANCBS-Sales to Accommo-
dation Indorsers. Accommodation indorsers may, on

assuming tbe payment of tbe note, take in satisfaction
of their liability, at its fair value, property of tbe prin-
cipal debtor, who is insolvent.— 5<ate v. Mason, 8. C. Mo.,
Deo. 20, 1888; 10 8. W. Rep. 179.

114. Fraudulent Conveyance— Parent and Child.

Facts sufficient to establish fraudulent conveyance of
land from mother to Bon.^Peterson v. Rone, S. C. Iowa,
Dec. 22,1888; 41 N. W. Rep. 68.

115. Fraudulent Conveyances- Husband and Wife-
Estoppel. — — A conveyance by a husband to bis wife
in repayment of a loan by her from property held in
her own right, is not fraudulent as to creditors who
commenced attachment proceedings about the time of
tbe execution of tbe convevance.—Ottisww* Nat. Bank v.
Webster, 8. C. Iowa, Dec. 22, 1888; 41 N. W. Rep. 47.

116. Fraudulent Conveyances- Husband and Wife-
Estoppel. Though the husband acquires the legal

title to the wife's money loaned by her to him, sbe has
an equitable claim therefor which, together with a re-
lease of her contingent interest and homestead right in
land of the husband, by joining in a mortgage with him,
is a sufficient consideration for tbe husband's note to
her as against debts subsequently contracted by him.—
Payne v. WUson, 8. C. Iowa, Dec. 22, 1888; 41 N. W. Rep. 45.

117. Gaming— Contracts— False Representations.— —
One who has purchased grain of a broker on margins,
and has made regular settlements with him, cannot re-
cover back money so lost on the ground tbat the broker
falsely represented tbat he was dealing through a par-
ticular commission house.— O'^ri^n v, Luques, 8. J. C.
Mo., Dec. 10. 1888; 16 Atl. Rep. 804.

118. Grand Jury— Qualification- Opinions. -Opin-
ions disqualifying grand jurors must arise from some-
thing heard outside the grand jury room.— People v.
Northey, S. C. Cal., Dec. 27, 1888; 19 Pac. Rep. 866.

119. Guardian and Ward— Suit on Bond— Judgment.

The judgment, in an action on a guardian's bond

for misconduct, bhould be for the penal sum of the
bond, and to be diaoharged on the payment of tbe dam-
ages sustained.- ^n^ftony v, Estes, 8. C. N. Car., Dec. 19,
1888; 8 8. E. Rep. 847.

120. HiGHWAYS—Defects— Notice. Notice to mu-
nicipal officers tbat a culvert was not of sufficient size
to readily vent the water, is not notice of a defect.—
Pendleton V. NorthpoH, 8. J.C. Me., Nov. 80, 1888; 16 AtL
Rep. 253.

121. Highways— Establishment— Report of Viewers-
Collateral Attack. In a collateral proceeding to re-
strain tbe collection of assessments for a gravel road,
the report of viewers appointed to locate the road is
sufficient to sbow that they met on the day appointed.
—Hobbs V, Board of Commissioners, 8. C. Ind.,Dec. 20, 1888;
19 N. E Rep. 186.

122. HiGHWAYS—Taxes— Assessments. Taxes for

highway purposes, under the tax law of Michigan of



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1888, can only be assessed by tbe superyisors upon the
oertlAcate of the township clerk that the proposed tax
has been voted.— 5a^6 v. Stevens, &. 0. Mich., Not. 28,
1888; 40 N. W. Rep. 919.

128. HiQHWATS^ Work on Road — Notice. Con-
struction of Mans. Dig. Ark. $ 6907, providing for prose-
cution of those failing to work on road and question of
notice to those delinquent.— Ford Vi State, S. C. Ark.,
Dec. 1, 1888; 10 8. W. Rep. U.

124. HOMIBSTBAD —Conveyance — Estoppel. The

title to a homestead cannot be divested or incumbered
by deed, unless such deed be executed and acknowl-
edged by both husband and wife.— .Bette v. Sim$y 8. C.
Neb., Dec. 14, 1888; 41 N. W. Rep. 117.

125. Husband and Wive— Wife's Separate Bstate.

Plaintiff, her husband joining, executed a trust deed of
her property to secure payment of supplies to be ad-
vanced. On default, the land was sold under the deed,
and bought in by the creditors : Held, that deed was
valid.— JToOjcr r. Hoes, 8. C. Miss., Nov. 5, 1888; 6 South.
Rep. 107.

128. Husband and Wifb,— Wife's Separate Estate —

Liability of Wife. Code Miss. 1880, § 1177, does not

prevent the wife from making the agency of the hus-
band, by her conduct, broader than tl at provided for
by the statute.— iZoM v. Baldwin, S. C. Miss., Nov. 19, 1888;
5 South. Rep. 111.

127. Husband and Wiitb — Wife's Separate Estate —

Creditor's Bill. Under Rev. Stat. Me., ch. 61, § 1,

Judgment creditor •of husband can, upon facts of this
case, maintain bill against equitable interest of wife.—
MerrOl v. Jote, 8. J. 0. Me., Dec. 8, 1888; 16 Atl. Rep. 254.

128. Husband and Wifb— Suit by Wife — Joinder of

Husband. Under acts Va. 1876-77, p. 838, a husband

is required to be joined with the wife in a suit instituted
by her for the protection of her separate property
against creditors of the husband.— .0ur«on v. Andes, 8. C.
App. Va., June 16, 1888; 8 8. B. Rep. 249.

X 129. HU6BAND AND WiFB— Mortgage— Wlfc's Separate

Estate— Suretyship. Under Rev. Stat. Ind. 1881, §

5119, providing that a contract of suretyship by a mar-
ried woman shall be void as to her, her children, on her
death while married, stand In her shoes, and may set
up the Invalidity of a mortgage of her separate estate,
executed by her as surety, in a proceeding against them
as her heirs to foreclose.— J?2/it v. Baker, 8. C. Ind., Dec.
21. 1888 ; 19 N. £. Rep. 198.

130. Husband and Wu-b— Contracts— Partnership.

Tbe Michigan married woman's act (How. Stat. §§ 6295-
6299) does not authorize a husband and wife to enter
into a contract of partnership between themselves so
as to render themselves Jointly liable for the contracts
of the firm thus established.— .^Ir^rnon t>. Ferguson, 8. C.
Mich., Nov. 28, 1888; 40 N. W. Rep. 907.

181. Husband and Wipb— Contracts by Wife — Sepa-
rate Estate. A plea to an action on an insurance

policy, averring that when plaintiff purchased the
goods insured, she was and still remained a married
woman, that she purchased them on credit, had not
paid and ref i sed to pay for them, and that hence she
had no insurable interest therein, is insufficient. —
Queen Ins. Co. v. Young, 8. C. Ala., Dec. 6, 1888; 6 South.
Rep. 116.

182. Husband and Wifb— Wife's Separate Estate —
Debts of Husband. In an action of replevin, Insti-
tuted by a married woman for the possession of her
personal property levied upon by the sheriff under ex-
ecution against her husband : Held, that the property
so purchased would not be subject to seizure upon final
process against the husband, even though in the man •
agement and use of the property the husband was per-
mitted to have charge of it, and even though the prop
erty was Hated for taxation in his name.— 7Vi^^ar< v.
FowUr, 8. O. Neb., Dec. 18, 1888; 40 N. W. Rep. 954.

188. INDIANS-Sale of Land. Deed of white adopted

member of Indian tribe to a white man, of land which,
under treaty with the United States, could not be
aliened. Is absolutely vol^.— Sheldon v. Donohoe, 8. C.
Kan., Dec. 8, 1888; 19 Pac. Rep. 901



184. INFANOT— Fraudulent Representations^Pleadlng.

In an action on a note, In which infancy Is pleaded,

error in allowing the declaration to be amended by
averring that defendant fraudulently represented that
he was twenty-one years of age is cured by a charge
that such representations will not authorize a recovery
on the contract If defendant was an infant.— iTcITamy v.
Cooper, 8. C. Ga., Dec. 10, 1888; 8 8. B. Rep. 812.

186. Injunction— Pleading. Demurrer io bill for

want of equity was properly sustained. — Sorti^^t v.
Burke, 8. C. Ga., Nov. 21, 1888; 8 8. E. Rep. 209.

186. Injunction- Trust Deed— Sale. Facts not held

sufficient to support finding for plaintiff in suit to en
join sale of land under trust deed.— Fan Meter v. JTamil-
ton, 8. C. Mo., Deo. 20, 1888; 10 S. W. Rep. 71.

137. Injunction- Assessment of Damages. After

an Injunction pendente Uteh&H been dissolved at the final
hearing, a motion for an assessment of damages caused
by the Injunction, made at a subsequent term, without
notice to the adverse party, should be denied.- i7o/el-
mann v. Franke, 8. C. Mo.. Dec. 20, 1888; 10 8. W. Rep. 46.

188. Insolvency— Discharge— Practice. A creditor

who desires to oppose an insolvent's discharge must
appear for that purpose on the day assigned for a
hearing, and his appearance to oppose a discharge Is
not Implied from his appearance on such occasion for
other purposes.— Jn re ButterJUld, 8. J. 0. Me., Nov. 18,
1888; 16 AtL Rep. 247.

189. Insolvbnct- Allowance of Claims— Partnership.
A creditor of an insolvent firm has such an inter-
est in the individual estate of one of the partners, who
is solvent, as will give him the right of appeal from the
allowance of a claim against such estate by an indi-
vidual creditor.— C%addoi<m« v. Harding, 8. J. C. Me.,
Nov. 19, 1888; 16 AU. Rep. 248.

140. Insubancb- Acting as Agent — Information.

Under act Texas, July 9, 1879, prohibiting any person
from acting as ag'^nt of an Insurance company which
has not complied with the laws of that State, an infor-
mation Is Insufficient In not alleging that the company
named was an Insurance company. — Brown v. State,
Tex. Ct. App., Dec. 12, 1888; 10 8. W. Rep. 112.

141. INSUBANCB—Sunday— Action. Where an in-
surance policy requires suit to be brought within
twelve months after a fire occurs, and the last day of
such twelve months falls on Sunday, suit brought on
the following Monday is in time.— Otoen v. Howard tns,
Co,, Ky. Ct. App., Dec. 4, 1888; 10 8. W. Rep. 119.

142. INSURANCB— Pleading and Proof. In an action

upon a fire Insurance policy, the declaration being In
ordinary form, it is reversible error to admit evidence
that by fraud or mistake of the defendant's agent a
clause was inserted in the policy different from that
agreed upon by plaintiffs.— 0'Dofme22 v. Connecticut Fire
Ins. Co., S. C. Mich., Nov. 28,1888; 41 N. W. Rep. 96.

148. INSURANCB— Premiums — Waiver — Custom.

Where an insurance company, by its habits of business,
creates in the mind of a policy holder the belief that
payment of premiums may be delayed until demanded,
is binding on the company.— ^ome Protection v. Avery, 8,
C. Ala., Dec. 7, 1888; 5 South. Rep. 143.

144. INSUBANCB— Husband and Wife— Parties. Tho

wife cannot maintain an action at law on an insurance
policy on her property, taken out in the name of the
husband;neither the policy nor the application show-
ing agency or trusteeship on "his part.— Zimmerman v,f
Farmers* Ins. Co., 8. C. Iowa, Dec. 21, 1888; 41 N. W. Rep.
89.

145. Insubancb— Agent— Statute. Facts sufficient

to show that party occupies as to the company who%e
policy Is issued the position of agent, under acts Gen.
Assemb. Iowa,ch. 211, § l.—St. Paul, etc. Co, v. Shaver, 8.
C. Iowa, Dec. 20, 1888; 41 N. W. Rep. 19.

146. Insubancb- Benevolent Society. Held, that

benevolent society, under the features of this case, was
in effect an insurance company, and as such amenable
to the statutes regulating insurance.— 5l€i<« v. Nichols, 8.
C . Iowa, Deo. SO, 1888 ; 41 8. W. Rep. 4.



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147. InsuiULiroB—Aooldent— Policy — Change after In-
jury. Accident Inanranoe company has power after

the injury to correct mistake in policy as to occupation
of the Insured.— i^ord v. U, 8., etc, Co,, 8. J. O. Mass., Jan.
l»18W;19N.S.Bep.l69.

148. IMSUBANOB— Accident Insurance— Injury. A

policy of accident Insurance contained the express con-
dition that it should not cover accidents from trying to
enter a moving steam vehicle ; the assured was killed
while attempting to get on a moving railway train:
Beld, that the company was not liable,— Miller v, Trav-
^ten* Itu, Co,, 8. C. Minn., Dec. 27, 1888; 40 N. W. Rep. 889.

149. INSUBANOB OOMPANIBS— Taxation — Bxemption.—
Chapter66, Laws 1887, amending chapter 77, Laws 188S,
were not int^ended to exempt Insurance companies
from license tax within limits of cities of the second-
class and villages — City of Columbut v, Haniford Jna, Co,,
8. C. Neb., Dec. 18, 1888; 41 N. W. Rep. 140.

100. IRTBRBST— Coupons. § 1, ch. 44, Comp. Stat.

1887, forbids the allowance of Interest In excess of ten
per cent, upon any loan, and where the Interest pro-
vided for is represented by coupons providing that in-
terest shall be allowed thereon af t^ maturity, at the
maximum rate* no interest will be allowed on such
coupons.— McUtfiews v. Toogood, 8. C. Neb., Dec. 14, 1888;
41 N. W. Rep, 180.

168. IKTOXIOATIKQ LiQUOBS — Information. 8uf -

flclenoyof averments in information under Laws Miss.
1886, ch, 296, $ l.-8irt» v. State, 8. C. WU., Dec. 22, 1888; 41
N. Vf . Rep. 81.

158. INTOXIOATIKO LIQUORS — Looal Option — Indict-
ment—Proof of Law. Under Code Ga. $ 8815, It is not

necessary on an indictment for violation of local option
law to allege or prove that the law had gone into effect
in a county which had adopted It by a vote of the peo-
ple. — Combs V, State, 8. 0. Ga., Dec. 12, 1888; 8 8. E. Rep.
818.

154. iMTOXiCATiifo LiQUOHS— License— Mandamus.

Petition for mandamue to compel village trustees to ap-
prove liquor bond, not granted where trustees reject
sureties as insufficient as Acts Mich. 1887, No. 818, $ 8,
leaves it to the **Judgment" of the trustees. — Palmer v.
PretideiU, 8. C. Mich., Nov. 28, 1888; 40 N. W. Rep. 860.

165. INTOZIOATINO LIQUORS— Illegal Sale — Prohibited

District. Construction of Act Mansf. Dig. Ark. $

4524, prohibiting sale of liquor within three miles from
a church, under the facts of this case. — Herron v. State,
8. C. Ark., Dec. 15, 1888; 10 8. W. Rep. 25.

156. iMTOXiGAiiNe Liquors. — Under the Iowa statute
prohibiting the manufactuzfi and sale of intoxicating
liquors, a beverage containing alcohol is an Intoxicant,
regardless of whether the quantity of alcohol contained
in it Is of Itself intoxicating. — State v. Intoxicating
Liquort, 8. C. Iowa, Dec. 20, 1888; 41 N. W. Rep. 6.

167. IifTOXiCATiNO LIQUORS— Illegal Sales — Sales by

Druggist. Beld, under Act Ark. March 21, 1881, §§ 1,

8, that the lee^lBlature intended to Intrust no one in the
prohibited districts with the right to furnish liquors
but the physician who has complied with the law. —
BattU V, State, 8. C. Ark., Dec., 1, 1888; 10 8. W. Rep. 12.

158. JUDOMBiiT — Pleading. A complaint will be

liberally construed, upon a motion by defendant at the
time of the trial of the action, and after answering, for
Judgment on the pleadings. — McAUiater v, Welker, 8. C.
Minn., Dec. 27, 1888; 41 N. W. Rep. 107.

159. JuDOMBHT — Equitable Relief — Justice of the

Peace. Where an action was commenced before a

Justice of the peace, who, at the time of the commence-
ment of the suit, designated a time for trial, but when,
upon issuing the summons, he designated an earlier
time, but of which the plaintiff had no notice, until af-
ter a Judgment had been rendered against her, such
Judgment, if valid, must be corrected by a direct pro-
ceeding. — Proctor V, Pettit, 8. C. Neb., Dec. 14, 1888; 41 N.
W. Rep. 131.

160. JUDOMBNT — Res Adjudlcata. In ejectment,

plaintiffs claimed title by devise. Defendant admitted
title in the testator, but denied that the devise covered



the land in dispute. Judgment was rendered for plaint-
iff on a general verdict: ^«2d, that defendant was es-
topped by the recora to deny plaintiff's title at the date
of that Judgment.— BickeU v, Nath, 8. 0. N. Car., Dec 21,
1888; 8 8. E. Rep. 860.

161. Judicial Salbs — Bond by Purchaser. The

court may order a purchaser at commissioner's sale
under a decree In equity to execute a bond for the price,
the purchaser having been summoned to show cause
why such rule should not issue, and having failed to
present any excuse or Aetense.—Brae^/leldv, Burge9$,Ky,
Ct. App.„Dec. 15, 1888; 10 8. W. Rep. 122.

162. Judicial Salbs — Reversal of Decree — Recovery

of Money. Where money from the sale of property

has, by order of the court, been paid, and the decree
ordering its payment, was void, the party whose prop-
erty was sold to raise the money may recover the same
from the party to whom it was illegally paid.— 5h;rm •.
Fleming, W. Va. Ct. App., Dec. 14, 1888; 8 8. E. Rep. 268.

168. Jury— Summoning— Prejudice of Sheriff and Cor-
oner. On motion for the appointment of elisors In

a criminal case, the defendant's affidavit, alleging pre-
judice in the sheriff and coroner, Is not conclusive, and
the denial of the motion is not ground for reversal, in
the absence of abuse of discretion.— 5ta<« v. Matthews, 8.
C. Mo., Nov. 26, 1888; 10 8. W. Rep. 80.

164. JusTiCB ov Pbacb— Replevin. Section 961 of

the Code which requires the filing of a bill of particu-
lars on the part of the plaintiff in all cases before a
Justice of the peace: Beld, not applicable ' to an action
of replevin.— .mu v. WiUdneon, 8. C. Neb., Dec. 14, 1888; 41
N. W. Rep. 186.

165. Landlord and Tbnant— Lease— Forfeiture.

Where, by the terms of a lease, the lessee is permitted
to erect houses on the leased lot, with privilege of re-
moval, the mere fact that the houses are suffered to
remain after the expiration of the lease, and pending
litigation between the parties as to right of possession
of the lot, does not work a forfeiture of the houses. —



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