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cannot be attacked for fraud in a collateral action ; an
independent action to set it aside Is required.— 5pi»<y r.
HarreU, 8. C. N. Oar., Oct. 22, 1888; 7 S. E. Bep. 698.

177. JUDGBIBNT-Equltable Belief — New Trial. A

bill In equity to obtain a new trial will not be enter-
tained on the affidavit of an important witness for the
prevailing party Impeaching his own testimony, when
it appears he is an ignorant man, that he is in the em-
ploy of the opposite party, did not make the affidavit
of his own free will, and that perjury cannot be well
predicated upon It. — Cleveland I. M. Co. v. Hueby, 8. 0.
Mich., Oct. 26, 1888; 40 N. W. Bep. 168.

178. JUIH3MB1IT — Bes Adjudlcata. A purchaser

from plaintiffs, after judgment, for the recovery of
land pending an appeal to the supreme court, of which
the purchaser had notice. Is bound by the judgment of
reversals afterwards entered, although no appeal bond
was given, nor tupereedeas granted. — Carr v. Catee, 8. 0.
Mo., Nov. 12, 1888; 9 8. W. Bep. 659.

179. JUDGMBMT— Bes Adjudlcata— Consideration. A,

the mortgagee, sued B, the mortgagor, for the recovery
of the mortgaged property. B's defense was, that there
was no consideration for the notes secured nor for the
mortgage, and B obtained a verdict: Held, that this was
no bar to a counterclaim based on such failure of con-
sideration, In an action on the notes brought by A
against B.-Ot6om« v. fTiUiams, 8. C. Minn., Nov. 12, 1888;
40 N. W. Bep. 166.

180. JuDGMR»T-Bes Adjudlcata — Contract — Service.

A having sued B on a contract of service, and having

recovered therein, brought a second suit for alleged
services since bringing the first suit: Held, that he
could not recover, having exhausted his remedy by the
first sult.-jrofcn v. Kahn, 8. C. Neb., Oct. 81, 1888 ; 40 N. W .
Bep. 186.

181. JuDQMBOT— Separate TriaU — Setting Aside.

In an action, where defendants were entitled to separ-
ate trials, judgment was taken by default against some
of the defendants, and on a trial the other defendants
were successful: .ffeW, that setting asidetbe Judgment



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by default did not vacate tbe Judgment In favor of the
other defendants. — Boom v, BaUey, 8. 0. Tex., Dec. 20,
1887; 9 8. VV. Rep. 681.

132. Judicial Sale— Notice— Statute. Under the

fltatute of Pennsylvania of April 18, 1863, a judicial sale,
made without notice of any kind, of the land of a per-
son who has not been heard from f >r seven years, con-
veys no title to the purchaser as against the owner who
afterwards returns.— Tay tor v, Hoyl, 8. C. Penn., Oct. 29,
1888;16Atl. Rep. 892.

183. JUBISDICTION — Conflicting — State and Federal

Courts. Where the jurisdiction of the circuit court

of the United States has attached, in a suit on the
ground of citizenship in another State, t^e right of the
plaintiff to prosecute his suit in such court to a final
determination, there cannot be arrested, defeated or
impaired, by any subsequent action or proceeding of
the defendant respecting the same subject-matter In a
State court.— Newlarul v, Terry, U. S. C. C. (Cal.), Sept. 8,
188S;36Fed. 887.

184. Juror— Expression of Opinion. The expres-
sion of opinion, which disqualifies a Juror, is a fixed,
-deliberate and determined one, which will not yield to
-evidence.— 5(a<« v. Dortey, S. 0. La., Oct. 22, 1888; 6 South.

Rep. 'ic6.

185. Landlord and Tenant — Lease — Fraud — Evi-
dence. In ejectment by a lessee against his lessor,

•evidence that the plaintiff obtained the lease by means
of false representations as to its terms, which were
written by him and which do/ondant could not read,
will sustain a verdict for det^inX int.— Chrittie v. Blctkely,
8. C. Penn., Oct. 19, 1888; 15 Atl. VC\p. 874.

186. Larcknt— Possession— Evidence. An indict-
ment for theft of cattle, alleging possession and owner-
ship to be in S, is not sustained by proof that S, though
the owner, the cattle were rangif^g in a county other
than that of his residence, and had been under the con-
trol and management of B for about four years. — Wil-
liams V. State, Tex. Ct. App., Oct. 18, 1888; 9 8. W. Rep. 857.

187. LIEN— Farm Laborer — Complaint. The de-
fects in a farm laborer's claim, filed with a Justice of the
peace, cannot be cured by obligations in the complaint,
in an action to protect the alleged lien against a thLid
party.— Cook r. Cobb, 8. 0. N. Car., Oct. 29, 1888; 7 8. E.
Rep. 700.

188. LIMITATIONS— Acknowledgment — Note. An

indorsement made and signed by a debtor on a prom-
issory note after it is barred In these words, **I hereby
acknowledge the indebtedness of this note," takes the
note out of the operation of the statute.— Drake v. Siga-

Joot, 8. C. Minn., Nov. 12, 1888; 40 N. VV. Rep. 257.

189. LIMITATIONS — Action Arising in Another State.

An action against the maker of a note executed in

California, who came to Kentucky before its maturity,
where he has since resided and hat not been in Call
iornia again, does not come under Gen. St. Ky. ch. 71,
art. 4, § 19, but, under the California law, providing that
if defendant be absent when the cause of action accrues,
suit may be brought within the time limited after his
VQtxxrn.-Templeton v. Sharp, Ky. Ct. App., Nov. 3, 1888; 9
8. W. Rep. 507.

190. Limitations— Adverse Possession— School Lands.

Where land is certified to the State as school

lands by the United States and patented by the State as
such, but subsequently the United States cancels the
selection and patents the land to the same person, who
obtained patent from the State, the second patent is
T0id,andthe statute of limitations begins to run in
favor of an adverse holder against the patentee from
the date of the first patent. — Daniels v. Oualala M. Co.,
8. C. Cal., Oct. 29, 1888; 19 Pac. Rep. 619.

191. Limitations— Fraud. An action for relief on

the ground of fraud may be commenced within four
years after discovery thereof or of facts suftlcient to
put a person of ordinary prudence on an inquiry, which
if pursued would lead to such discovery. — Helman v.
Davis, S. C. Neb., Nov. 14, 1888; 40 N. W. Rep. 309.

192. Limitations— Nuisances— Sewers. An action



for damages, both past and future, caused by the con-
struction of sewers, must be brought within four years
after the work is done, under Georgia laws. — Atkinson
V. Ciiy of Atlanta, 8. C. Ga., Oct. 10, 1888; 7 8. E. Rep. 692.

193. Limitations— Trusts — Resulting. The rule

excepting cases of trust from the operation of statutes
of limitation is not applicable to a mere resulting trust.
—Dobv. fFilson, 8, O.mnn., Nov. 7, 1888; 40 N. W. Rep.
161.

194. Limitation of action — Exceptions — Married

Women. A married woman who Is a cesttU que trust

of land, who has reconveyed to the grantor and whose
deed has been invalid, may maintain an action for her
interest, and she is not within the exception of the
statute of limitation of April 22, 1856 — Thompson v. Car-
michael, 8. C. Penn., Oct. 22, 1888; 16 Atl. Rep. 867.

196. MALICIOUS PR08ECDTI0N— Evidence. Where

an Bgent is prosecuted for embezzement and acquitted,
evidence that the check alleged to have been embez-
zled could not have been received by him, is sufficient to
sustain a verdict in bis favor in an action for malicious
prosecution.— Paddoc* v. Watts, 8. C. Ind., Nov. 15, 1888;
18 N. E. Rep, 518.

196. Marinb Insurance— Broker Contract. Con-
cealment of material facts by a broker, employed by a
party to effect insurance from an insurance company,
will avoid a recovery. — ffumblet v. City Ins. Co., U. 8. D.
C. (Penn:), July 13, 1888; 86 Fed. Rep. 118.

197. Master and Servant- Contributory Negligence.
Where a section hand was injured in trying tore-
move some stones from a track by a train, he having
acted under the order of his foreman, an instruction,
that if the Jury found that to obey was extrahaz vrdous,
but did not plainly imperil his lifeor limb, and th^t in
obeying the order he was injured without negll(;ence
on his part, etc., he was entitled to recover, furnishes
the proper limit to plaintiff's right to recovGr.— Stephens
V. Hannibal, etc. R. R., 8. C. Mo. Nov. 12,1888; 9 8. W. Rep.
689.

198. Master AND Servant— Discharge— Damnges.

On a trial for wrongfully discharging plaintiff before
the end of his term, the recovery rauy embrace all the
damages to the end of the term, when the trial occurs
after such end, though the suit was brought prior
thereto.— /?o6«rte v. Rigdon, 8. C. Ga., Oct. 8, 1888; 7 3. E.
Rep. 742.

199. Master and Servant— Risk. Where an em-
ployee undertakes a hazardous employment, he is
deemed to assume the risks of the same, so far an they
are open to observation or are known to h\m.— Woods
V. St. Paul, etc. Co., 8. C. Minn., Nov. 22, 1888; 40 N. W.
Rep. 510.

200. Mortgage— Partnership-Firm Name. In an

action to foreclose a mortgage. It is no objection that
the mortgage runs to a partnership in its firm nnrae,
and not to any indivirlual name.— Fo»/er v, Trowbridge,
8. C. Minn., Nov. 12, 1888; 40 N. W. Rep 255.

201. Mortgage— Redemption— Decree. The decree

on a bill to redeem mortg iged premlHcs should not be
for a strict foreclosure, but should direct a sale on fail-
ure to pay the redemption money.— i/ei^a v. McFarlan,
8. C. Mich., Oct. 28, 1888; 40 N. W. Rep. 246.

202. Mortgage— Redemption — Laches. A cestui

^efrus/, whose trustee had sold the trust security to
innocent purchasers for full value, while the com-
plainant was in the penitentiary, brought suit to have
his claim therein established. It appearing, however,
that he had delayed bringing suit for a period of seven
years, while the purchasers were making extensive im-
provements on the property, his action was held to bo
stale and void of equity.— FroJtcr v. Houck, U. 8. C. C.
(Kan.), Oct. 16, 1888; 36 Fed. Rep. 403.

203. Mortgage— Surrender— Creditor. — - Where an
equitable mortgagor accepts from the mortgagee an
engagement to reconvey the land upon the payment
by a certain time of the mortgage dt^bt, but afterwards
surrenders this engagement, accepting a lease from the



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mortgagee, the relation of mortgagor and mortgagee is
thereby terminated, and a junior Judgment creditor of
the mortgagor cannot subject the land to the payment
of his debt. - .'?eymour v» Mackay, S. 0. III., Nov. 15, 1888;
18 N. £. Bep. 562.

204. MOKTOAGB— What are— Assignment. A land

contract, which is assigned by a written assignment,
absolute in form, but designed as a mere security for a
d«^bt, is but a mortgage, and when the debt is paid the
lien of the assignee will cease, except it has been reas-
signed to an innocent party wltliout notice.— JLipp v.
South Omaha, tic. Co., S. C. Neb. Oct. 31, 1888; 40 N. W.
Bep. 129.

205. Municipal Corporations — Franchises — Collat-
eral Attack. A party indicted for assaulting the

marshal of a city of the fourth-class, while the latter
was attempting to arrest him, cannot attack the cor-
I>orate capacity of the city to show that the marshal
therefor was no officer.— 5<a<« t?. Fuller, 8. C. Mo., Nov.
12,1888; 9S. W. Uep. 583.

206. Municipal Corporations— Nuisance — Damages.

Where the firing of gunpowder is forbidden in a

city, bat the mayor is authorized to license it on cer- ^
tain occasions, the city is not liable in damages for in-
juries resulting from the firing of gunpowder by such
licensee. Neither is the city liable in damages for failure
to enact any particular ordinance.— >rA««/er r. City of
Plymouth, 8. C. Ind., Nov. 16, 1888; 18 N. E. Bep. 532.

207. Mutual Benefit SociBTY-EvIdence— Agent.

Thedeclarationsof the pay- master of a railroad com-
pany as to deductions made In the pay of an employee
are not evidence against a mutual benefit society, of
which the employee was a member. The pay- master is
a servant, not an Af^eut.— Baltimore, etc. Co. v. Ohio, etc.
Co., 8. O. Penn., Oct. 29, 1888; 15 Atl. Rep. 885.

208. National Courts — Jurisdiction — Amount.

The United States circuit courts have jurisdiction in
cases arising under revenue laws, although the amount
In dispute Is less than $2,0(K\—Ame$ v. ITager, U. 8. O. C.
(Gal.), Sept. 17, 1888; 36 Fed. Rep. 129.

209. Negliqknce— Contrlbutoi-y- Jury. In this

case, where a servant sues his employer for injuries re-
ceived, from all the circumstances of the case it was
held that it was the province of the jury to decide as to
the question of contributory negligence.— t7«ton P. R.
Co. V. O'Hern, 8. C. Neb., Nov. 9, 1888; 40 N. W. Rep. 293.

210. Negligence — Contributory ^'egllgence — Gross

Negligence. Where, in an action for damages

caased by negligence, an instruction Is given that if the
defendant was guilty of gross negligence and the
plaintiff of slight negligence, the latter could recover:
Held, that the instruction was erroneous, in omitting to
state that the plaintiff must have used due care.— fTiZ-
lardv. Swanson, 8. C. 111., Nov. 15, 188S: 18 N. E. Rep. 548.

211. Negligence— Railroad-Walking on Track.

Where one constructing a pewer in a tunnel enters the
tunnel when the cars are running, there being a time
specified for him to do his work when the trains are
not running, and is injured, he cannot recover.— Lofj?fer
r. Mo. P. R. Co , 8. C. .Mo., Nov. 12, 1888; 9 S. W. Rep. 530.

212. Nuisance- Cemetery — Injunction. An in-
junction will be granted against the laying out of a
cemetery, wliere the proposed cemetery Is to be lo-
cated on higher ground than surrounding dwellings,
and the drainage from which would poison the wells
and Injure the health of neighboring residents.- tA«n^ v.
Neraz, 8. O. Tenn., Oct. 16, 1888; 9 8. W. Rep. 344.

218. Partition— Attorney and Client— Appeal. Al-
lowances for counsel fees in partition cases, if regular
upon the face of the record, will be presumed to be
correct. An a]. peal does not lie from the court of com-
mon pleas in partition cases.— /^rd v. Waikinttiaw, 8. C.
Penn., Oct. 29, 1888; 15 Atl. Rep. 898.

214. Partition — Husband and Wife. Where a

wife sues for partition of land,and her share is awarded
to her husband, she cannot maintain an action to re-
view the proceedings, and her husband holds the land
for her beneAt.-^ Appeal o/Barkley, 8. C. Penn., Oct. 29,
1888; 15 Atl. Bep. 896.



215. Partition— Limitation— Pleading — Adverse Pos-
session. One who has held adversely for twenty

years, and pleads that fact in bar of an action for par-
tition, is entitled to the benefit of his plea, althongh the
statute applicable to the case is that which bars such a
claim by adverse possesalon for fifteen years.— 3/cCray
V. HumeM, S. C. Ind., Nov. 13, 1888; 18 N. E. Rep. 500.

216. Partnership. A contract by which one party

was to receive $1.50 per foot for boring a well, and one-
eighth of the leases held by the other party, subject to
charges for expenses, etc., creates a partnership J>e-
tween them.— Ki/er v. Smyers, 8. C. Penn., Oct. 29, lb88; 15
Atl. Rep. 904.

217. PARTNBRSHIP—Dissolution— Overpayment. A

partner who, upon dissolution of the firm. Is paid a
sum on account of partnership profits, afterwards
found to be more than is due him, is chargeable with
Interest on the excess from its recehpt.—Atherton v,
Cochran, Ky. Ct. App., Nov. 1, 1888; 9 8. W. Rep. 519.

218. PARTNERSHIP-Holdlng Out— Third Parties.

The person seeking to enforce a partnership liabiljty
against one who, though not a partner, allowed himself
to be held out as such, must have acted in his dealings
with reliance upon the existence of a partnership rela-
tion or responsibility.- 5rotm v. Orant, 8. 0. Minn., Nov.
16, 1888 ; 40 N. W. Rep. 268.

219. Payment— Goods from Another— Jury. An in •

struction that, an account for lumber received from
another by the plaintiff, should not be allowed as a
payment on the note sued on, unless plaintiff expressly
80 agreed, is erroneous, since the Jury might so find
from the facts and circumstances.- Orii^n r. Petty, ^. 0.
N. Car., Oct. 29, 1888; 7 8. B. Rep. 729.

220. Physicians— Malpractice— Clairvoyance. One

who holds himself out as a healer of diseases must, no
matter to what particular school or system he belongs,
be held to the duty of reasonable skill In the light of
the present state of medical science.— i\rd<on v. Harring-
ton, 8. C. Wis., Nov. 8, 1888; 40 N. W. Rep. 228.

221. PiLOTS-Speaking Vessel— Half Pilotage. Ask-
ing the master of a vessel, which was alK>ut to sail, at
the custom house, if he desired a pilot, and an answer
that ho did not know, is not such a speaking of a ship
and decline of services as entitle a pilot to half pilotage.
— Freeman v. The Australia, U. 8. D. C. (Cal.), March 9,
1888; 36 Fed. Rep. 832.

222. PLBADING—Dlvorce— Adultery. The charge of

adultery, in an action for divorce, must generally state
time, place and person, or, when called on, to make the
pleading more definite, the party must show an excuse
for not doing ^o.— Freeman v. Freeman, 8. C. Minn., Nov.
12, 1888; 40 N. W. Rep. 167.

223. Pleading- Failure to Demur— Waiver. The

answer to a complaint for possession of a machine,
alleged that since suit brought plaintiff had agreed to
sell defendant another machine, and to take in part
payment the machine in controversy*, and for brench of
thiscmtract claimed $.500 damages, and asked that the
prayer of the complaint be denied: 5e?d, thatby failure
to demur plaintiff had waived the irregularity of such
a defense, and that it arose after the suit was brought.
—Puffer V. Lucas, 8. C. N. Oar., Nov. 5, 1888; 7 8. E. Rep.
734.

224. Pleading — Motion — Demurrer — Corporation —
Mistake. Indefiniteness in pleading should be cor-
rected by motion, and not by demurrer. A corporation,
unless specially authorized to do so, cannot subscribe
to the stock of another corporation. A mistake of law
with full knowledge of the facts, cannot entitle a party
to relief. This rule is founded on public policy, and ap-
plies to corporations as well as individuals.— Fo^y, etc.
Co. V. Lake Erie, etc. Co., 8. C. Ohio, Oct. 16, 1888; 18 N. E.
Rep. 486.

225. Pleading— Proof— Variance. In an action for

the recovery of the price of goods sold, proof that the
purchase price was less than that alleged In the com •
plaint. Is not a material variance.— /ver«on v. Dubay,
8. O. Minn., Nov. 7, 1888; 40 N. W. Rep. 159.



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K6. Plbadihq— Special Plea— Btfeot. A defendant,

who flies a special plea. Is to be judged on that plea, and
none other ; all elve Is admitted.— State v, Hendrieie$,
S, 0. La., Aug. 27, 1888; 6 South. Bep. 24.

227. Plbadiko — Statement of Account. Under

North Carolina law, a demand for a copy of the account
alleged Jn the petition, Is not authorized where plaintiff
has attached a bill of particulars to his complaint, and
made It a part thereof by reference.— ffiggim v. Ovihrie,
a O. N. Car., Nov. 12, 1888; 7 S. B. Bep. 761.

228. Poos— Settlement— Husband and Wife. Un-

<der Wisconsin laws, relative to the support of paupers,
a husband's settlement In the State Is that of his wife,
though she has been abandoned or voluntarily lives
apart from htm.— ir<mro< Co. v, Jack$on Co,, S. C. Wis.,
Nov. 8, lb88; 40 N. W. Bep. 224.

229. Poor AKD Poor IJLW— Borrowing Money. Con-
struction of poor laws of Pennsylvania. When over-
seers of the poor cannot borrow money for an emer-
gency, so as to bind the district.— Oibton v. Phtmboreek,
■eU. Co,, S. C. Penn., Oct. 29, 1888; 16 Atl. Bep. 926.

280. Praoticr— Demurrer lo Evidence— Waiver.

By putting In his evidence, after his demurrer to plalnt-
IfTs evidence Is overruled, defendant does not waive
his right to have the court's ruling reviewed, but he
takes the chances of supplying by his own evidence any
defects In the plaintiff's case.— ITnHfi v. 8t. Loui$, etc.
It, R., S. C. Mo., Nov. 12, 1888; 9 8. W. Bep. 677.

281. PRAonoR— Dismissal— Notice. If an action Is

dismissed for want of prosecution without notice, the
appellant may have the cause reinstated if application
Is made within a leasonable time, upon such terms as
to payment of costs as may be right.— JBer^^ren v. Berg-
iprtn, S. C Neb., Nov. 7, 1888; iO N. W. Bep. 204.

282. Pkagtior— Misconduct of Jury— Evidence.

Aflldavlts may be received for the purpose of avoiding
a verdict, to show any matter occurring during the
trial or In the jury room, which does not essentially In-
here In the verdict. Members of the jury may testify as
to any misconduct occurring In the jury room.— Aorrit
V. State, S. 0. Neb., Nov. 16, 1888; 40 N. W. Bep. 817.

288. PROOR88 — Proof of Service — Presumption.

Where the record of judicial proceedings states the
manner In 'which the summons were served on a party
t>eyond the jurisdiction of the court. It will not be pre-
sumed that other proof of service was made to the court
than that so shown and recited In the judgment, nor
that the court acquired jurisdiction, unless It Is affirma-
iivtfly shown.— G<Ht/li9 v. FaleiiMiM, S. 0. Minn., Nov. 7,
1888; 40 N. W. Bep. 168.

284. PUBLIO L^WDS—Ballroads— Indemnity Belt.

The act of congress of 1864, organizing the Northern
Pacific B. B., and granting a certain number of alternate
Becilonsof land on each side of Its line of road, and pro-
viding that for any Unds coming within the descrip-
tion of the grant that have been sold or preempted
•other lands might be selected In lieu thereof, taken In
-connection with ttfe resolutioo of 1870, gave the com-
pany an indemnity limit of ten miieB,— Northern Fae, JL
Co, V, UmUed Statee, 17. S. C. C. (Minn.). Oct. 17, 1888; 86
Fed. Bep. 282.

285. Quirting Titlb— Equitable and Legal Title.

Under Uallfornia law, one who has an equitable Interest
In real estate, cannot sue the holder of (he legal title
for the purpose of determining such adverse claim.-
Von DrackemfBU v, DoolUtU, S. 0. Cal., Oct. 27, 1888; 19
Pac. Bep. 618.

2M. BA.1LKOAD8 — Fires — Evidence. Evidence In

the case considered sufficient to justify the conclusion
that a fire In an open fluid was caused by defendant's
engine.— ^^eon v, Chicago, etc. R. Co., S. C. Minn., Nov. 16,
1888; 40 N. W. Bep. 270.

287. Bailroads— Negligence — Trespass. A rail-
road company Is liable fur Injuring or killing a person,
though be was wrongfully on the track. It It failed to
disouver the danger through the recklessness or care-
lessness of lis employes, when the exercise of ordinary
care would have discovered the danger and averted



the calamity. — WUUame v. Kameaa dig, etc, B, Co., S. 0.
Mo., Nov. 12, 1888; 9 S. W. Bep. 578.

288. Batlroads- Negligence of Engineer. An en-
gineer running an engine over a railway crossing. Is not
excused from ringing the bell or blowing the whistle by
the fact that a train of cars standing on the main track
obstructs the crossing. — ilrowii v. Origin, S. C. Tex.,
Nov. 12, 1888. 9 S. W. Bep. 546.

289. BAILROAD8— Taxation— Aid Bonds. A railroad

company which has purchased a road, to the capital
stock of which a county has subscribed, is liable to tax-
ation to pay the subscription only on improvements
made since the purchase, and not are the value of the
road when purchased.— JDoMifvtifo, etc. R. Co. v. Hopkine
Co., Ky. Ct. App., Oct. 20, 1888; 9 S. W. Bep. 497.

240. Bailroad Company- Fences— Notice. Where

the owner of land grants a right of way through it to a
railroad company and agrees In writing to fence the
railroad on each side, such agreement not being upon
record Is no notice to a subsequent purchaser of the
land, and he can require the railroad company to fence
its track according to the laws of the State. — Pitttburg,
etc, Co. V. Botworth, S. C. Ohio, Nov. 18, 1888; 18 N. E. Bep.
688.

241. BROORD8— Police Jury — Collateral Attack.

The minutes of a police jury are a public record.import-
Ing absolute verity, and cannot be contradicted In a
collateral action, to which the members of the board
are not made parties, nor in such action can their sec*
retary be required to alter such minutes.— State v, Sim-
mom, S. C. La., Sept. 16, 1888; 5 South. Bep. 29.

242. Brmoval of 0AU8R8 — Separable Suit — Partner-
ship. Case stated wherein the county flnds but a



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