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and each of them paid some debts, the wife paying the
most, and she released to the mother for a valuable
consideration all claims upon her: Held, that the
mother's liability to the wife was thereby extinguished.
—Burkam v. Hayes, 8. C. Ind., Nov. 14, 1888; 18 N. E. Rep.

108. EASBMENT—Implloatlon— Breach. ^The grantee

in a deed of land, on which Is a mill and dam embracing
an easement as to ponded water occasioned by saoh
dam over the adjoining land of another person, al-
though such easement is not expressly mentioned In
the deed.—BowHng v. Burton, 8. C. N. Car., Oct. 29, 1888;
7 8. E. Rep. 701.

109. Ejectment— Administrator— Heir. Ejectment

does not lie In behalf of an heir as against an adminis-
trator for land, to which the latter is entitled as an as-
set of the estate, but the administrator is not entitled
as against the heirs to the i>o88ession of the intestate's
homestead.— JJorco v, Femtell, 8. C. Fla., Oct. 8, 1888; 5
South. Rep. 9.

110. EJECTMENT— Authority of Attorney. An at-
torney for defendant in an action of ejectment has an-
thority to bind his client by a stipulation to dismiss a
demand by defendant under the statute for a second
trial.— i^roy v. Doheny, 8. C. Minn,, Nov. 12, 1888; 40 N. W.
Rep. 262.

111. Eminent Domain — Beneflts. In awarding

compensation for land taken by the United States for
public buildings, beneflts to the community at large
should not be considered, but if the laud has a special
value to the owner which can be measured by money,
he is entitled to have such value estimated.— Jn re Bug-
heimer, U. 8. D. 0. (8. Car.), Oct. 19, 1888; 86 Fed. Rep. 876.

112. Eminent Domain — Compensation. Appro -

propriation of land for a public street without flrst
making compensation therefor is contrary to the
United States constitution, although the law j;>rovldes
that such damages shall be assessed to the remaining
land of the owners.— Scott v. CUy of Toledo, U. 8. C. C.
(Ohio), Sept. 28, 1888; 86 Fed. Rep. 885.

118. Eminent Domain — Compensation. Where

real estate has been condemned for public use and
damages awarded to the owner by a jury, and the only
error assigned on appeal Is that the verdict Is excess-

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Vol. 28.



We, the supreme court will not ordinarily vacate or
modify the verdict if based on testimony in the case.—
Omaha,etc.Co.v.Johfuan, 8. O. Neb., Oct. 81,1888; 40 N.
W. Bep. 134.

114. Eminent Domain— Oompensation— Evidence.

In proceedings to condemn a leasehold interest in land,
where a real estate agent testifies that the leasehold is
worth over 12,600 beyond the rent, but the owner him-
self testifies that the property is worth the amount of
the rent, a verdict for $150 for loss of the lease, and |100
for expense of removal, is not opposed to the evidence.
-^Btcker v. Chicago, etc. Co., 8. C. 111., Nov. 15, 1888; 18 N.
E. Bep. 064.

115. Eminent Domain— Constitutional Law. The

act of congress of August 1, 1888, conferring on the
United States circuit court Jurisdiction to condemn land
for public buildings, on petition of the secretary of the
treasury. Is not void as in conflict with the constitu-
tional provision that private property shall not be
taken for public use without just compensation.— /f» re
JiugIiHmer,U.S. D. 0. (d. Oar.), Oct. 16, 1888; 86 Fed. Bep.

116. EQDITT-Oreditor's Bill— Lis Pendens. In a

suit by a Hen creditor to subject his debtor's real estate
to the payment of the debt, an averment in the bill that
there is then pending another suit by another creditor
against the same, is not ground for demurrer.— li^ee v.
Eogtri, 8. 0. App. W. Va., Sept. 16, 1888; 7 8. E. Bep. 486.

117. EQUITY — Equity Practice — Pro Oonfesso — Dis-
missal. Where, after decree for wiint of a plea, an-
swer or demurrer, an answer is filed, and motion made
to strike off the decree, it is error to dismiss the bill at
plaintilTs costs without disposing of that motion or
taking any other action in the premises.— ^ppea/ of Cook,
8. O. Penn., Oct. 22, 1888; 16 Atl. Bep. 870.

118. EQUITY — Federal Courts— Judgments. Fed-
eral courts have Jurisdiction to relieve against a title
fraudulently obtained by proceeding in a State court,
by enjoioing the assertion of the fraudulent title.— y?o66
V. Vot, U. 8. C. 0. (Ohio), Aug. 28, 1888; 86 Fed. Bep. 182.

119. EQUITY — Judgment Lien — Enforcement.

Plaintiff purchased land at an execution sale upon
Judgments against defendant. In an action for posses-
sion, defendant showed that the Judgments were dor-
mant and the executions irregular : Held^ that the court,
after setting aside the sale, could direct the sale of the
land under the Judgments.— Carrie v. Clark, 8. 0. N.Car.,
Nov. 12, 1888; 7 8. E. Bep. 766.

120. EQUITY— Besclssion— Partnership Belatlons.

The managing partner In a mine having actively con-
cealed the fact from his copartner that valuable ore
had been found, the latter being absent, and having
misled him as to its true condition by letters, a sale by
the latter to the former at a grossly inadequate price
will be set aside as fraudulent.— ZJowwian v. Patrick, U. S.
0. C. (Mo.), Sept. 17, 1888; 86 Fed. Bep. 138.

121. EQUITY— Bescission of Deed— Laches. In an

action to set aside a deed on the ground of fraud, under
Kentucky law. It is incumbent upon plaintiff to prove,
not only that he discovered the fraud within the last
five years, but that he could not, with the use of ordi-
nary diligence, have discovered the fraud until within
the five years before the action was commenced.—
Woods V. James, Ky. Ct. App., Nov. 1, 1888; 9 8. W. Bep.

122. Errob— Writ of— Auditors— Appeal. A writ of

error does not lie to the court of common pleas on an
appeal from a township auditor's report, on a school
district treasurer's account.— A/oAney v. School District,
8. C. Penn., Oct. 29, 1888; 15 Atl. Bep. 891.

128. Error— Writ of Error— Appellate Court. Un-

der the statute law of Illinois, a case in which less than
$1,000 is involved cannot be taken by appeal or writ of
error to the supreme court from the appellate court,
unless the latter court, or a majority of its Judges shall,
within twenty days after the Judgment is rendered,
certify that it involves points of law worthy of the ad-

judication of the supreme oonrt. —MitcLachlan v. Mo-
Laughlin, 8. 0. 111., Nov. 16, 1888; 18 N. B. Bep. 544.

124. ESTOPPEL— In Pals— By Silence. A party who^

knowingly, though it may be done passively, permits
another to purchase land and expend money thereon
under the supposition that he is the owner, and with-
out such party making known his own claim, will not
be permitted afterwards to exercise his legal rights
against the purchaser.- Forftei r. McCoy, S. C. Neb., Oct.
81, 1888 ; 40 N. W. Bep. 132.

125. ESTOPPEL — Pledge — Conversion. One wha

acquiesces In a pledge of commercial paper until a busi-
ness venture, in which the pledge figures, turns out
badly, will be estopped from asserting his ignorance of
the transaction against the pledgee, who Is an innocent
purchaser for value.— Orf^ory v. Safe Deposit Co., U. 8.
C. C. (Mass.), Oct. 6, 1888; 36 Fed. Bep. 408.

126. Evidence- Best and Secondary. In a suit on

a note arising from a contract to saw lumber for a spec-
ified price per thousand, as evidenced by measurement
of the same when shipped, evidence of what logs were
cut, is inadmissible where the the lumber was measured
both when loaded for shipment and when discharged.—
Eastman v. Cleaver, 8. C. Mich., Oct. 26, 1888; 40 N. W. Bep.

127. Evidence— Limitations — Burden of Proof.

Upon the issue of the statute of limitations, the burden
of proof is on the plaintiff.— ifoore v. Oamer, 8. C. N.
Car. Nov. 5, 1888; 7 8. E. Bep. 782.

128. Evidence— Lost Beoord. The contents of a

lost record may be proved by parol, but the witness
must be able to speak of his own knowledge as to such
contents.— ^pp<a/ of Richards, 8. C. Penn., Oct. 29, 1888;
15 Atl. Bep. 908.

129. Evidence — Witness — Leading Questions.

Upon a prosecution for selling intoxicating liquors, if
the witnesses are manifestly unwilling to testify against
the defendant, the court may well permit leading ques-
tions to be put to them by the prosecuting attorney.—
Commonwealth v. Chaney, 8. J. U. Mass., Nov. 27, 1888; 18
N. E. Bep. ^72.

180. EviDENOE-Writlng— Parol Variance.— A written
contract (an acceptance) cannot be varied by proof of
a contemporary parol agreement importing conditions
not expressed in the writing.— ^uZ/man v. Brown, 8. C.
Minn., Nov. 7, 1888; 40 N. W. Bep. 159.

131. ExECuriON— Supplementary Proceedings — Com-
plaint. A statement in supplementary proceedings,

that an execution had been issued against the defend-
ant, but not stating to what county, is fatally defective.
—AfcKinney v. Snider, 8. 0. Ind., Nov. 17, 1888; 18N. E.
Bep. 526.

182. Execution— Wrongful Seizure — Judgment.

A Judgment confessed under warrant of attorney, and
an execution thereon, are no defense to an action for a
seizure of goods thereunder, brought after the Judg-
ment and execution were set aside for irregularities, the
Judgment being for more than was due, and an affidavit
of indebtedness having been Hied.— Anderson v. Sloane,
8. O. Wis., Nov. 8, 1888; 40 N. W. Bep. 214.

138. ExECUTORS-Foreign— Actions. Personal rep-
resentatives, appointed In Missouri, cannot sue for
assets of their testator's estate, situate in Vermont.—
Allen V. Fairbanks, U. 8. 0. C. (Vt.) Oct. 16, 1888; 86 Fed.
Bep. 402.

184. EXECUTORS— Sales — Service on Devisee. A

special proceeding to sell land of a testator to pay
debts against a devisee, who at the filing of the petition
is a minor, but becomes of age before summons is
served on him, and to which he puts in no answer, is at
most only irregular.— i/c/ucr v. Stephens, 8. C. N. Car.,
Oct. 22, 1888; 7 8. E. Bep. 695.

186. Executors and Administrators- Accounting-
Attorney's Fees. The allowance in an executor's

account of attorney's fees to the amount of $1,150, the
estate being of the value of $95,000, and consisting
largely of Judgments and mortgages. Is nolexcesslve.:

L^.gitized I

s. Is nolexcessive.—

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No. 1

Appeal of St, CUrir, 8. 0. Penn., Oot. S9, 1888; 15 AU. Bep.

tion. A public administrator is not entitled to com-
pensation for serrioes as an attorney rendered by him
In the course of administration, in addition to his com-
missions.— Xoa^ue V, Brennant S. O. Tenn., May 17, 1888; 9
B. W. Rep. 603.


Dower^-Oaveat Emptor. Where an ezeontor sold the

land of the decedent to pay his debts, and receives full
T^alue therefor, the purchaser being advised that he
was getting a clear title, and part of the lands being
afterwards assigned to the divorced wife of the dece-
•dent by the proper court: Heldt that the purchaser
•oould not recover from the executor any return of the
purchase money to compensate him for the land so
lost by the dower.— Arnold v. D<mdlds<m, S. 0. Ohio. Nov.
18, 1888; 18 N. E. Rep. 640.

138. SxSMPnoN— Money Due— Schedule — Statute.

Oonstructlon of Illinois statutes exempting the prop-
•erty of debtors from execution. Ruling as to the ex-
emption of money due to the debtor and the schedule
to be filed by him. —FSnlen v. Howard, 8. 0. 111., Nov. 16,
1888; 18N.B. Bep. 660.

189. FAL8B iMPBisoNMXifT — What Constitutes — Evl-

•denoe. ^That one considers himself under arrest,

without actual duress, is not sofliclent to support a
prosecution for false imprisonment.— ifeCliire v. Staie,
. Tex. Ct. App., Oct. 10, 1888 ; 9 8. W. Bep. 858.

140. FSB8— Clerks of Court. Under Missouri law,

the fees earned In each year in a circuit court are
•chargeable with a trust in favor of the clerk to the ex-
tent of his salary and the compensation allowed his
•deputies, and are to be applied In discharge of such
trust whenever collected.— jl^ten v. Cowan, S. C. Mo.,
Nov. IS, 1888; 9 8. W. Rep. 587.

141. rsNOSS— Injuring. A line of posts, on which

-slats were nailed. Intended merely to keep travelers on
the road from turning off on the fields, is not a fence,
within the meaning of Code N. C. § 1062, about Injuring
lences.- 5<a«e v. BoberU, 8. C. N. Oar. Nov. 5, 1888; 7 S. B.
Bep. 714.

14S. Fraudulbnt Convbtanob— Actions. ^A debtor

who without consideration has transferred checks to
the defendants, and afterwards gone Into Insolvency,
may sue defendants for the proceeds of the checks
In order to pay into court their amount. — CariU v,
Emery, 8. J. 0. Mass., Nov. 27, 1888; 18 N. B. Bep. 674.

148. Fbaudulbmt Convbtancb — Insolvency — Evi-
dence. Construction of Massachusetts statutes

relative to Insolvency. Circumstances stated to which
were held to be suflicient evidence that the grantee of
an alleged fraudulent conveyance had no knowledge
that the grantor thereof was Insolvent or was In con-
templation of insolvency, said grantee having caused
the paper to be prepared without consultation with the
grantor.— Perry v. Hadley, 8. J. C. Mass., Nov. 87, 1888; 18
N. E. Bep. 576.

144. Fraudulent Convbtancbs — Betum of Nulla

Bona. Judgments against A returned nulla bona by

the sheriff are sufficient evidence of insolvency to en-
title the plaintiff to bring an action to set aside a con-
-veyance as in fraud of the rights of creditors. — Bates v,

Cobb, 8. C. 8. Car., Oct. 18, 1888; 7 8. E Bep. 748.

145. Fraudulbnt Convbyanobs— Stock of Goods.

A, being insolvent, sold his stock of goods, worth $900,
to B for a horse worth $100, which he subsequently
turned over to his creditors, and B's undertaking to
pay debts owing by A amounting to |800: Held, that the
transaction was not a fraud on A's creditors. — Sweeney
V. Conly, 6. C. Tex., Oct. 28, 1888; 9 8. W. Rep. 648.

146. Fbaudulbnt Convbyanobs- Withholding Deed—

Becord. Withholding a deed of defeasance of deed

absolute on Its face, from record, by collision to pre-
vent inquiry of creditors, renders the conveyance void
as to the then pxisting creditors of the grantor. — Far-
:gueon v, JohmtUm, U. 8. D. C. (Miss.), June Term, 1888; 86
Fed. Bep. 184.

147. Grand Jury— Prosecuting Attorney— Assistance.

The State's attorney has no right to Influence or

direct the grand jury in their finding, or express any
opinion on questions of fact, yet he tuay assist them in
their labors, and they may call on him for ndvlce on
questions of law and procedure. — State t, Adam, 8. C.
La., Oct. 17, 1888; 5 South. Bep. 80.

148. Hbalth— Quarantine — Vessels. The county

boards of health are authorized, under Florida laws, to
make charges against a vessel for quarantine services,
if under the authority given by the act of 1888 they have
made proper provision therefor. — Ferrari v. Board of
ffeaUh, 8. O. Fla., Oct. 9, 1888; 5 South. Bep. 1.

149. Highways— Court of Quarter Sessions. Con-
struction of statutes of Pennsylvania with reference to
highways and the jurisdiction and procedure of the
court of quarter sessions on that subject. ^ Inre Boad
in WkUeUy Tp., 8. C. Penn., Oct. 89, 1888; 15 AU. Bep. 895.

160. Highways— Injunction. Where one builds

his house on the land which he knows will be taken for
a highway, he can have no injunction against Its es-
tablishments, nor any relief in equity; he will be left to
his remedy, if any, at law.— Vergav, MUkr, N. J. Ct. Chan.,
Nov. 10, 1888; 16 AU. Bep. 888.

161. Hombstbad — Assignment — Beport. If the

execution debtor is dissatisfied with the assignment of
homestead, he should move to set aside the report In
the court which Issued the execuUon and before a deel
is executed. He cannot question the report in a col-
lateral proceeding. — LaUement v. Detert, 8. C. Mo., Nov.
18,1888;9S. W. Bep.668.

168. Hombstbad- Conveyance — Wife. One who

owned land and was married before the adoption of
the constituUon of 1868, and who has never had the land
allotted and set apart as a homestead, has the right to
sell without the consent of his wife. — OUmore v. Bright,
8. C. N. Car., oiot. 89, 1888; 7 8. B. Bep. 751.

158. Husband and WnrB— Deed— Blanks. Where a

wife executes a deed of her real estate and delivers it
to her husband with power to fill In the grantee, the
consideration and the date, for the purpose of enabling
him to sell It, such deed duly filled up in the hands of a
bonajide purchaser who purchased from the husband
and paid him will be sustained. — Beed v. Morton, 8. C.
Neb., Nov. 7, 1888; 40 N. W. Bep. 882.

154. Husband and Wifb — Deed — Her Acknowledg-
ment. Where a married woman acknowledges a

deed, it is not necessary that her husband should have
gone far enough away from her to leave her free to ex-
press to the clerk her desire with respect to the deed.—
JIaU V. Castleberry, 8. C. N. Car., Oct. 89, 1888; 7 8. B. Bep.

165. Husband and WnrB—Judgment— Execution.

An execution may issue on a Judgment in favor of a
wife against her husband without the husband's con-
sent. — Kinkade v. Cunningham, 8. C. Penn., Oct. 28, 1888;
16 AU. Bep. 905.

156. Husband and Wifb— Limitation of Actions.

Under the act of 1865 a married woman can sue, and the
statute of limitations runs against her, though she was
married while an infant and remained married till suit
brought — Douglaee v, Douglau, 8. C. Mich., Oct. 26,
1888;40N. W.Bep. 177.

167. Husband and Wifb— Sale— Power— Payment.

Where a husband sold his wife's land under authority
from her and received in payment therefor his own
note and the worthless .note of a third person: Held,
that such notes were not payment of the purchase
money, and that the wife could recover the price of the
land from the purchaser thereof.— Bunyon v, SneU, 8. C.
Ind., Nov. 16, 1888; 18 N. E. Bep. 533.

158. Husband and Wifb— Separate Estate— Creditors.

Beal estate was purchased by a wife and paid itor

out of her separate earnings, and at her request con-
veyed to her minor child : Held, that a judgment cred-
itor of the husband could not have it subjected to the
payment of his judgment.— CSoiloAon v. Powers, 8. 0. Neb.,
Nov. 9, 1888; 40 N. W. Bep. 892.

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ISO. IMMIOBATIOH— Labor Contract— Clergyman.

The defendant, a religious corporation, engaged an
alien residing In England to come .here and take charge
of Its church as pastor: J7eki, that It was liable to the
penalty prescribed by act of Congress prohibiting the
importation of aliens under contract to perform labor
In the United QtaXes.— UnUed Sides v, JUet4>r, ele., U. S. O.
O. (N. Y.), May 21, 1888; 86 Fed. Rep. 808.

180. IH8URANCB— Policy— Beneflciary. A policy of

insurance, payable to the "devisees or heirs at law" of
the insured, is payable to his widow if he dies Intestate
without chUdren, she being his heir at law of personal
property, under the statute of Illinois. — Alexatider v.
Norihwutem, eU. Co., S. C. lU., Nov. 16, 1888; 18 N. B. Eep.

161. iMsuKiLHC*— Premium — raise Bepresentatlon.

An agent falsely asserted to A that a rival Insurance
company did not contain a certain provision contained
in the policies of his company, and invited A to com-
pare his contract with that of the other company,
leaving his blank form for that purpose with A. A
afterwards made application and was insured: Meld,
that A must pay the premium, notwithstanding such
sUtement.— jlswriom 8. B. J. Co. v. WUder, 8. C. Minn.,
Nov. 9, 1888; 40 N. W. Rep. 26S.

165. laroxiOJLTnio liquors— Damages— Widow.

Under Michigan laws of 1888, a widow has a right of
AOtlon against the liquor-seller for the death of her
husband caused by an intoxicated Tpenon.—Brockway v.
PatUrmm, 8. C. Mich., Oct. 36, 1888; 40 N. W. Bep. 192.

168. IHTOXIOATIHO LIQUORS— Defense — License.

Act Pa. May 81, 1887. prohibiting the sale of intoxicat-
ing liquors to minors and persons of intemperate
habits, operates on persons to whom licenses were al-
ready granted, under the liquor law of May 8,.1864.— Oosi-
wtomoeaUk v. Selhrt, 8. 0. Penn., Oct. 29, 1888; 16 AU. Bep.

164. IHTOXICATIHO LIQUORS — Illegal Sale — Evidence-

Circumstances stated, the evidence of which was

held to be sufficient to be submitted to the jury on the
question whether defendant was guUty of UlegaUy seU-
ing intoxicating liquors.-'CowmonweaUh v. BuckUff, 8. J.
C. Mass., Nov. 27, 1888; 18 N. E. Bep. 671.

166. IHTOXIOATING LIQUORS— Illegal Sale —Master and

Servant. A servant may be guilty of the offense of

Illegally selling Intoxicating liquors, if in the absence
of the master he assumes control and sells such liquors.
^Commonweaith v. Brady, 8. J. O. Mass., Nov. 26, 1888; 18
N. B. Bep. 668.

166. mroxiOJLTiNO LIQUORS— Illegal Sale — Sentence.

Under North Carolina law, where any county has

provided for the working of convicts on the public
roads, a person convicted in such county of unlawf uUy
selling liquor on Sunday may be sentenced to Imprison-
ment at hard labor upon the public roads. — State v.
Hicke, 8. C. N. Car., Oct. 29, 1888; 7 8. E. Bep. 707.

167. IMTOXICATIHO LIQUORS— Indictment. Where

an indictment avers the iUegal keeping of intoxicating
liquors for sale, and not the maintaining of a tenement
for that purpose, a variance as to the place is not ma-
terlaL - C<mm4mwedUh v. Rem, 8, J. C. Mass., Nov. 26,
1888; 18 N.B. Bep. 666.

168. IHTOXIOATINO LIQUORS— Judicial Notice. The

courts will take judicial notice that lager -beer, ale,
porter, and any other liquor .made out of malt, is malt
liquor. — NettMV.SUae,^. C. Fla., Oct. 8, 1888; 6 South.
Bep. 8.

169. ISTOXIOATIIIO LIQUOR— Local Option Laws. — — A
local option law was adopted in a precinct in March,
1886. By act of legislature of March 20, 1887, the law was
amended making the penalty more severe: Held, that
the amended law did not apply to an offense committed
in that precinct In December, 1887, It not having adopted
the amended law.— XowAon v. StaU, Tex. Ct. App., Oct.
10, 1888; 9 8. W. Bep. 865.

170. IMVBHTIOMS— Anticipation — Hat Machines.

The second claim of patent No. 97rl78, to B. Bicker-
meyer, for hat pouncing machine is valid, and antlcl

pates the fifth claim of patent 820,889, to B. B. Taylor,
for a similar device.— .ATo^. Hat, etc. Co. v. Brown, U. 8. C.
C. (N. J.), Sept. 26, 1888; 86 Fed. Bep. 817.

171. iMVRwnoifS— Composition Patents— Infringement
^A patent for a composition of matter is not in-
fringed by another composition Into which one of the
Ingredients named without restriction in complainant's
dalm does not enter, though in the specifloations the
use of such ingredient is stated to be for a particular
use only.— Otlty v. Waihlne, U. 8. C. C. (UL), Oct. 8, 1888;
86 Fed. Bep. 828.

172. IHVRKTIONS — Equity — Jurisdiction — Licensee—

Boyalties. BquKy has jurisdiction of a bill by the

owner of a patent to obtain an account of royalties due
from a licensee, and an Injunction against using the
patent in defiance of the agreement of license. — Ball
Glove Faetenlng Co. v. BaU f Loctet F. Co., U. 8. C. C.
(Mass.). Aug. 16, 1888; 86 Fed. Bep. 809.

178. iNVEKTiows— Infringement— Dampers. Letters

patent No. 886,060, to N. C. Locke for improvement In
dampers, are not infringed by devices constructed after
the Spencer patents of 1886 and 1888. — Locke v. Smith, U
8. C. C. (Mass.), Aug. 27, 1888; 86 Fed. Bep. 810.

174. IHVBKTIOHS — Infringements — Measure of Dam

ages. In a suit for the infringement of a patent for

an improvement in pavements, the amount charged by
defendant for pavements containing the improvements,
more than for similar pavements which do not contain
it, is the measure of profits for which he Is liable.— Ftrf-
canUe Par. Co. v. Am. A. 8. P. Ot>., U. S. C. C. (Penn.),
Oct. 8, 18S8; 86 Fed. Bep. 878.

176. IHVBHTIONS — Novelty — Draft Equaliser.

Patent No. 172,766, toB. M. Marvin for draft equalizer
attachment to harvesters, etc., is valid, and was not
anticipated by the Tocff patent. — Jllar»*« v. GatechaU, U.
8. C. C. (Minn.), Sept. 26, 1888; 86 Fed. Bep. 814.

176. JUDQMSNT — Collateral Attack — Fraud. A

judgment in a special proceeding for the sale of land

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