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assignor with relation to the property assigned before
the settlement of the assignment cannot be enforced.—
MonteUhv,nogg,Q. O. Oreg., Jan. 16, 1889; 20 Pac. Bep.

14. ASSUMPSIT— Collection of Bill of Exchange— Bona

Fide Purchaser. Where a bill of exchange, owned

by H was sent to T for collection after its dishonor, W
acting as the medium of transmission, T could not re-
sist payment of the proceeds to H, on the g^round that
he had paid them to W, relying on his representation of
ownership. — Frey v. Thompeon, 8. C. Nov., Feb. 15, 1889;

Pac. Bep. 305.

15. ATTAOHMBm* — Sale of Lands in Gross — Validity.

It Is error to direct a sale In gross of attached

taBda» which are separate tracts, and situated In differ-
ent conntta*. The Judgment should direct a sale by the
tract, and only ao flMiAh as necessary to satisfy the debt
and costs.— 5<arte v. Oimd» Ky. Ot. App., Jan. 22, 1889; l*^
8. W. Bep. 419.

16. ATTOBNBT AKD CUBinr— AttomcT^ TAsB. Un-
der Gen. St. Ky. f 16, ch. 6, where the demand ariMS out
of contract and Is placed In the hands of an attorney^
to be collected by suit or otherwise, the attorney has a
lien.— JtotM V. Fogte, Ky. Ot. App., Jan. 10, 1880; 10 8. W.
Bep. 426.

17. Bailmbnt — For Beneflt of Bailor. Bailments

for the beneflt of the bailor d^jtosUum or wumdaitim, are
founded upon express contract, and require the assent
of the uailee to make him responsible.— i7ealA«r<N^<m r.
Biehier, W. Va. Ot. App., Dec. 14, 1888; 8 8. B. Bep. 609.

18. BANKRUPTCY— Sums AgalnstAssignec -Limitation.

Bev. St. U. S. f 5057. providing that no suit shall be

maintainable between an assignee In bankruptcy and
a person claiming an adverse Interest, unless brought
within two years from the accrual of such cause of
action, applies to a petition by the en^antee of such an
assignee to establish title under the "Bnmt-Beoord
Act," (Bev. St. lU. 1874, ch. 116.) — O^ge v. Du Pwg, 8. C.

111., Jan. 25, 1889; 19 N. E. Bep. 878.

19. Banks and Bankino— Oolleotlons — Acceptance of

Oheck. The defendant bank sent a check, drawn

by W, and deposited with It by plaintiff for collecllon,
to the bank upon which it was drawn, and accepted a
cashier's check for It, but the cashier's check was not
paid, owing to the subsequent Insolvency of the drawee :
Held, that the defendant was liable to the plaintiff for
the amount of the check. — Fifth Nat. Btmkv.Aakifoorthy
8. 0. Penn., Jan. 7, 1889; 16 AU. Bep. 506.

20. Babtardt— Fifle— Payable to OflScers of Oonrt, —
Oode Ga. f 4564, providing that the putative father of a
bastard child, fulling to p^y for its support, should be
indicted for misdemeanor. Is amended by act March 20,
1866, making the penalty for the offense a flue of not
more than $1,000, imprisonment, and work in a chain-
gang.— Aar«i«iiMm V. ifcifonitf, 8. 0. Ga., Feb. 11, 1889; 8 S.
E. Bep. 738.

21. Bbnevolbnt Socibtibs — Bights of Subordinate

Lodge. Where a subordinate lodge Is Incorporated

under the State laws. Its suspension by the grand lodge
has no effect on Its legal existence. — Merrill Lodge No.

299. 1, O, a, T, V. BlUworth, 8. 0. Oal., Jan. 28, 1889; 20
Pac. Bep. 899.

82. B&iDGBS— Assignment by State Board — Bes Adjo-

dicata. Though the State board is empowered to

assess toll-bridges. Its determination that a bridge is a
toll -bridge is not conclusive..— State v, TMery v. H. <f St,
J, B. Co., 8. 0. Ms., Feb. 4, 1889; 10 8. W. Bep. 486.

28. Ohattbl Mostoaob — Equitable Assignment Pro

Tanto. Defendant, a chattel mortgagee, sold one of

the secured notes to complainant, and agreed to assign
the mortgage to him pro tanto: Held, that complainant,,
by payment of the note, acquired to that extent an
equitable Interest In the mortgage, and was entitled in
equity to recover of defendant the amount of such pay-
ment.— JToliMiy V. Gilman, 8. J. O. Me., Jan. 8, 1889; 16 Atl.
Bep. 648.

24. Ohattbl Mobtqaobs- Becording— Purchaser with

Notice. One who purchases the mortgaged prop-

ert> with knowledge of the mortgage, cannet set up as
against the mortgagee the fact that the mortgage Is not
made and recorded In accordance with the laws of
Washington territory. — Darland v. Levine, 8. O. W. T.,
Jan. 29, 1889; 20 Pac. Bep. 309.

85. OOMPROMISB— Actions on Settlement. A party

can maintain an action for the recovery of an unpaid
balance of a sum agreed upon in settlement of a large
Bum.— Letcheenrtng V. Alien, ». O. Oolo., Jan. 18, 1889; SO
Pac. Bep. 888.

86. Oonfliot of Laws- Sale of Beal EsUte — Lex Bel
Sltas. The rights and obligations of the parties to a

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Vol. 28.



■ale ezeooted in one Stale of real estate sttnateil In
another mott be determined nnder the lawt of the
State in which the property it sltnated. — Sueee$ttam of
OtMUv, S. 0. La., Jan. 9, 1889 ; South. Rep. 292.

97. OoiiTiNUAH<»— Absence of Witness— Affidavit.

An affidavit for a continuance must show that issues
wUl arise upon the trial upon which the testimony of
the absent witness will be material. — Hewti v, Andrmp$,
8. C. Colo., Jan. 18, 1888; 30 Pao. Bep. 888.

88. OOMTBAOTS— Construction — Sale. HWtf, that.

the contract in question constituted a sale of all the
articles mentioned therein and not a lease. ~ Moniooih
V. Gamlfle, S. O. Penn., Jan. 7, 1889; 16 Atl. Bep. 69i.

29. OOMTRAOT— Option ~ Acceptance. - An offer to
sell land at a stated price and within a certain time if
accepted within the certain time is binding and can be
enforced. ~ Weaver v* Burr, W. Va.. Ot. App., Dec. 15,
1888; 8 &S. Bep. 748.

80. CosT8 - Security~Person — Foreign Bepnblic.

The republic of Honduras is a "person," within the
meaning of Oode Civil Proc N. Y. $ 8268, providing that
a plaintiff who is "a person residing without the State,'*
or **a foreign corporation,'* may be required to give se-
curity for costs. ~ S^mbUe o/Sondurtu v. Soto, N. Y. Ct.
App., Jan. 29, 1889 ; 19 N. B. Bep. 846.

81. OEnoM^h L4W— Continuance. Where defend-
ant and another were separately indicted for the same
oflense, defendant is not entitled to a continuance on
an application that such other defendant be flrst tried
under Oode Crim. Proc. Tex. art. eeOtu^SUmdard v. i9tal0,
Tex. Ct. App., Nov. 21, 1888; 10 S. W. Bep. 442.

82. Criminal L^w— Evidence— Opinion as to Guilt.

Testimony by a witness that when he flrst heard of the
murder he said that defendant committed it is inad-
missible.— ITooiyMftv. State, S. C. Ga., Feb. 11, 1889; 8 8. B.

88. CBmniAL LAW—Evidence— Character. Testi-
mony that a witness had learned since defendant's
arrest that his reputation before arrest was bad is inad-
missible. — People V, Fong CMng, S. C. Cal., Jan. 28, 1889;
20 Pac Bep. 896.

84. Cbhunal LAW~Evldence~Dying Declarations.

A charge of the court that djing declarations were to
be considered by the Jury '*]u8t as though deceased had
been sworn and put on the stand and testified as a
witness to the words used in his dying declaration"
was not erroneous.— Kemnedp v. State, S. C. Ala., Dec. 18,
1888; 5 South. Bep. 800.

86. Cbim niAL Law — Homicide — Evidence of Aocom

plice. Hdd, under facts, that there was sufficient

evidence that witness was an accomplice in the crime
charged, to make a refusal to charge upon the weight of
accomplice, testimony error. — Hkteev, State, Tex, Ct.
App., Jan. 26, 1889; 10 S. W. Bep. 448.

36. CBDcniAL Law— Instructions — Objections Waived.
Where a charge giving the abstract law of man-
slaughter is not objected to at the time, a conviction
will not be set aside unless it appears or seems probable
that defendant was injured. — MiUer v. State, Tez. Ct.
App., Jan. 19, 1889; 10 S. W. Bep. 446.

37. CbiminalLaw —New Trial — Newly- discovered
Bvldence. A new trial will not be granted on ac-
count of newly- discovered evidence that the deceased
was seen to raise a dagger to strike the defendant at
the time of the homicide, where the defendant and
another witness had testified to the same effect.— People
V. (ySrien, 8. C. Cal., Dec. 29, 1888; 20 Pac Bep. 869.

88. Cbim DIAL Law— Trial— Instructions. It Is not

error to charge that the Jury are presumed to know the
character of the witnesses, having been drawn from
the vicinage for that reason.— 5tal€ v, Jacob, S. C. S. Car.,
Feb. 12, 1889; 8 8. B. Bep. 686.

89. DAMAQBS— Breach of Contract — Liquidated Dam-
ages. Defendants agreed to pay, as liquidated

damagos, "five dollars per day for each day after the
22d day of June that this contract remains unf ulfliled :"
ffel4, that plaintiffs had no right of action for any dam-

ages resulting from delay, beyond the stipvlated five
dollars per day.— Welch v, McDonald, Va. Ct. App., Nov.
22,1868;8S.B. Bep. 711.

40. Dbxds— Construction— Nature of Estate Conveyed.

Under a deed of land to a married woman for her

natural life, and after her death to her children or their
representatives, and in case of her death or leaving no
children or representatives of children, to her husband
in fee, the husband takes a contingent remainder. —
Morn V, Proper, 8. C. Ga., Jan. 21, 1889; 8 8. S. Bep. 626.

41. DBP08ITI01I8 — Exceptions to Admission. An

exception to the admission of a deposition <ie ftene e$$e,
because It does not appear to have been taken in con-
formity with all the regulations of the act to provide
for the taking of such depositions, approved Dec 22,
1888, is t^ general. — Bvlwinkle «. Crawier,, 8. C. 8. Car.,
Feb. 14, 1889 ; 8 8. B. Bep. 689.

42. Dbsobht and DiSTRiBirTiOK — Adjudication of

Heirship— Continuance. The fact that a petition

has been filed, and citation Issued thereon under Code
Civil Proc. Cal. $ 1664, is no ground for a continuance of
proceedings by the executor of the estate for final dis-
tribution, begun on the day citation issued on said
petition.— In re Oxararfa Bttate, 8. C. Cal., Jan. 12, 1889;
20 Pac. Bep. 867.

48. DRAOf AQB — Assessment. -■ Under f 18, of Ind.

drainage act of April 6, 1886: Held, that for repairs made
upon a ditch under the act of 1888, a township trustee
could make an assessment according to the provisions
of such act after the passage of the act of 1886. — GHget
V. Bradley, 8. C. Ind., Jan. 26, 1889; 19 N. B. Bep. 760.

44. DBAurAQB— Objections to Assessment— Waiver.

Under the Illinois drainage act of 1886, the objection
that the commissioners failed to classify certain lands,
and to indicate whether they were or were not bene-
fited, is waived unless made before the commissioners.
It cannot be raised on an application for Judgment on
an assessment. — People ex reL Barber v. Chapman, 8. C.
lU., Jan. 26, 1889; 19 N. E. Bep. 872.

46. EJBCTMBin- Pleading — Cause of Action. A

complaint alleging that plaintiffs are the owners of»
and entitled to the immediate possession of, a certain
lot of land, described by metes and bounds, and that
defendant has erected buildings which projeist several
inches over and upon plaintiff's lot, states a good cause
of action in ejectment nnder Code Civil Proo. N. Y. §
8848, subd. 20.— XepreR v. Kletnechmldt, N. Y. Ct. App., Feb.
8, 1889; 19 N.E. Bep. 812.

46. Bmihbnt Domain— Payment— Bestoration of Prop-
erty. Construction of Code Civil Proc. Cal. $ 1268, as

to restoration of property taken for the purpose of a
reservoir.— 5ati Diego Co, v, Neale, 8. C. Cal. Dec. 31, 1888;
20 Pac. Bep. 380.

47. EQUITY — Alteration of Instruments. Equity

will not lend assistance in reforming an instrument to
one who altered it for a fraudulent purpose.— Reepeee v,
Jonee, 8. C. N. Car., Feb. 18, 1889; 8 8. B. Rep. 770.

48. Equitt — Failure to Plead — Submission to Juris-
diction. In equity, a defense of another action

pending is never available unless pleaded, and the
silence of the answer amounts to a submission of the
issues to the Judgment of theconrt.— J7o/Me<er v, Stewart,
N. Y. Ct. App., Jan. 16, 1889; 19 N. E. Rep. 782.

49. EQUITY — Hearing on Bill and Unsworn Answer.

Where a hearing is on bill and unsworn answer

the complainant is not en tititled to relief unless so en-
titled on the admitted allegations of the bill. — Seeee v.
Barker, 8. C. Ala., Jan. 17, 1889; 6 South. Bep. 806.

60. EQUITY— Jurisdiction— Specific Performance.

Equity will not enforce a contract for personal acts In-
volving labor, skill and Judgment for the breach of
which the remedy at law is adequate.— Campbell v, Ruet,
Va. Ot. App., Feb. 9, 1889; 8 8. E. Bep. 664.

61. EQUITY— Besoisslon. Where a deed conveying

an undivided Interest in land is executed In considera-
tion of the grantees' oral promises and their perform-
ance is not made a condition subsequent, a mere failure
to perform on the part of the en^antees does not oon-

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Mo. 13

Btitate a failure of conslderatloii so as to entitle the
grantor to rescind under Civil Oode Oal. $ 1689. — Law-
remce v. GayeUy, 8. O. Oal., Jan. 15, 1889; 20 Pac. Bep. 882.

52. Byidbvob— AdmissibUtty — Maps for Comparison.
In an action for price of a book which was to con-
tain '*a map of the city, showing parks, cemeteries,"
etc., a map of the city which a city engineer had testi-
fied was an accurate one, is admissible to determine
whether the map in the book is accurate. — MwueU v.
Baldwin, 8. O. £. Conn., Oct. 12, 1888; 16 Atl. Bep. 546.

63. Executors and Administrators— Assets. In

an action by an administrator to reooYcr assets of the
decedent, the evidence showed that the property in
controversy did not belong to the decedent.— Palmer v.
Kingaford, N. Y. Ct. App., Jan. 29, 1889; 19 N. B. Bep. 815.

64. EXECUTORS A.ND Adhikistrators — Saloiof Dece-
dent's Lands — Consent of Guardian. Under Ind.

statutes a sale of the land of a decedent of whom his
insane widow is an heir, under decree of court, after
the written conset of her guardian, is valid. — Smock v,
Relchwkie, 8. O. Ind., Jan. 80, 1880; 19 N. B. Bep. 776.

66. Execution— Validity— Issuance. An execution

issued on a judgment after the lapse of ten years from
the date of the last execution Is voidable only on pro-
ceedings by the execution defendant or third persons
who have acquired rights prior to Its issue.— Leonard r.
Brewer, 8. C. Ala., Jan. 11, 1889; 6 South. Bep. 806.

66. FISHERIES— Oyster beds— Adverse Possession.

When an oyster-bed has been designated under Gen.
St. Conn. § 2348, to an individual in violation of $ 2870,
prohibiting the designation of oyster beds, the errantee
can gain uo rights in It by adverse possession, the
title being in the State. — Town of Clinton v. Bacon, 8. O.
Err. Conn., June 26, 1888; 16 Atl. Bep. 648.

67. Fraudulent Conveya.ncb. Defendant being

indebted to the complainant conveyed certain prop-
erty to his wife and after the conveyance he continued
the business in his own name holding himself out as
the owner: Held, that the conveyance was fraudulent as
to complainant.— First Nat. Bk, v, Loper, N. J. Ct. Chan.,
Feb^ 7, 1889; 15 Atl. Bep. 688.

68. Fraudulent Conveyance— Action to Set Aside — ^
Evidence.' — r— In an action to set aside deed on the
ground that the debtor was the real purchaser, his
wife, in whose name the title was taken, cannot]testify
to statements of the husband to her of the reasons for
so taking the Utle. — iTateon v. Young, 8. C. 8. Car., Feb.
18, iaS9;8S. E. Bep. 706.

59. Fraudulent Conveyance— Consideration— Prom-
issory Kote. — A negotiable promissory note Is a

valuable consideration lor a deed, especially where the
Insolvency of the maker is not shown. — Weaver v. Nu-
gent, 8. 0. Tex.. Dec. 11, 1888; 10 8. W. Bep. 458.

60. Gupts- Donatio Causa Mortis— Delivery. A gift

of certain bonds by one a short time befoie his death
will not be sustained, where they were not delivered,
nor.the means of obtaining tbem. — Yaneey v. Field, Ya.
Ct. App., Feb. 14, 1889; 8 8. E. Bep. 721.

61. Gifts— Inter Vivos— Evidence. A son produced

a check signeil by his mother dated some months be-
fore her death, at a time when she was seventy-six
years old and her brain was partly paralyzed: Held,
that burden was on him to establish the gift. — Parker*$
Admr, V. Parker*9 Admx,,}H,J, Ct. Err. &App., Feb. 1,
1689; 16 Atl. Bep. 687.

62. HuSRAND AND WIFE — Convcyanccs Between.

Before act Ala. Feb. 28, 1887, a conveyance by a husband
directly to his wife was absolutely void at law. — Max
well V. Grace, 8. 0. Ala., Jan. 16, 1889; 6 South. Bep. 820.

68. HusRAND AND WiFE— Wlf c's Separate Estate.

A conveyance by a married woman of her separate
estate is void even though her trustee did not Join
therein.^Mexander v. Davie, 8. C. N. Car., Feb. 18, 1889; 8
8. B. Bep. 768;

' 64. Husband and Wife— Wife's Separate Property —
Clothing. Ordinary and necessary clothing pro-
vided for a wife by the husband, in discharge of his

duty growing out of the marital relation, does not con-
stitute a gift from the husband, within the meaning of
Code Ala. § 2351, defining property which may become
the wife's separate estate, and Including property ac-
quired by "gift from a contract with the husband." —
Richardeon v. LouiiviUe 4 N. B, Co., 8. C. Ala., Jan. 14,
1889; 5 South. Bep. 806.

66. INDICTMENT— Betum — Powcr of Solicitor General.
The solicitor general has no legal authority to re-
turn into court a special presentment or Indictment
found by the grand Jury.— Bowen v. State, 8. C. Ga., Feb.
U, 1889; 8 8. E. Bep. 786.

66. Insolvency — Examination. It is not within

the discretion of the court to fix the time for the exam-
ination of a debtor arrested on execution. — Firet Nat.
Bk. V. Oogin, 8. J. C. Mass., Feb. 4, 1889; 19 N. E. Bep. 780.

67. Intoxicating Liquors — Illegal Sales — Evidence.

Evidence In the case held sufficient to warrant a

conviction for illegally maintaining a public bar.— Com -
monweaUh v. Powderly,S. J. C. Mass., Feb. 8, 1889; 19 N. £.
Bep. 781.

68. Judgment— Collateral Attack— Insanity of Defend-
ant. A decree against an insane person is valid

when collaterally attacked when the complainant
brings his suit in ignorance of the defendant's insanity.
— Maloneg v. Dewey, 8. C. 111., Jan. 25» 1889; 19 N. B. Bep.

69. Judgment— Bes Adjudicata. If the record of a

former trial shows that the verdict could not have been
rendered without deciding the particular matter, it
will be considered as having settled that matter once
for all. — Sottg v. Clayton, 8. C. Colo., Dec 3, 1888; 20 Pac.
Bep. 351.

70. Judicial Sales— Beport of Commissioner. A

commissioner's report which does not show for what
prioe the land sold, or that he offered to sell less than
the whole tract to pay the debts for which It was liable,
will be set aside.— flaney v. MeClure, Ky. Ct. App., Jan.
17, 1889; 10 8. W. Bep. 427.

71. Justice of the Peace- Waiver. Under Gen.

St. Conn. $ 676, authorizing parties by consent in writ-
ing to waive a disqualification of a Justice of the peace,
such waiver must be in writing, and Is not effected by
proceeding to trial without objection, even with knowl-
edge of the disqualification. — Keeler v. Stead, 8. C. Brr.
Conn., June 2, 1888; 16 Atl. Bep. 662.

72. LiREL AND Slander — Charge of Attempt to Mur-
der-Evidence Evidence of pecuniary loss Is un-
necessary to a right of action for a libelous charge
of attempt to commit murder. — Eepublican Pub^ Co. v.
Miner, 8. C. Colo., Dec. 4, 1888 ; 20 Pac. Bep. 346.

78. Limitation of actions — Bnnning of Statute.

The statute of limitation applies to the presentation of
claim against a decedent's estate to the orphans' court
as well as to an action in a court of law. — Appeal of
Keyeer, 8. C. Penn., Jan. 28, 1889; 16 Atl. Bep. 677.

74. Malicious Prosecution- Want of Probable Oaose

—Evidence. ^In an action for malicious prosecution,

plaintiff's discharge by the criminal court Is not evi-
dence of want of probable cause. — Tkompeon v, MMber,
8. C. Err. Conn., Oct. 9, 1888; 16 Atl. Bep. 554.

76. Master and Servant— Injury to Fireman — Negli-
gence of Ballroad Company— Evidence. In an action

' against a railroad company for injuries to a fireman by
the derailment of a locomotive, caused by an obstruc-
tion on the track, testimony of the engineer as to the
necessity for track -walkers is Inadmissible. — Dmwer 8.
P. 4 P. R. Co. V. Wileon, 8. C. Colo., Dec. 8, 1888; 20 Pac.
Bep. 340.

76. Mines and Mining— Patents— Dismlpsal of Adverse

Claim. One whose adverse claim has been dismissed

cannot contend that the patent is void because the re-
ceiver of the public land-offlce accepted the purchase
price and gave his receipt while the suit was pending.—
Deno V. Griffin, 8. C. Nev., Feb. 8, 1880; 20 Pac. Bep. 808.

77. Mortgages- Foreclosure — Action to Set Aside. —
A Judgment in foreclosure, and the proceedings


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Vol. 28



thereunder, will not be set aside as void, where the
mortgagor stood by and saw the property sold, and for
nearly four years saw the property greatly increasing
in value, and being sold from time to time to purchas-
ers in good faith. — Bryam v. JTalet, 8. C. Ariz., Feb. 16,
1880; aOPac Rep. Sll.

T8. MORTOAOB8— Foreclosure — Parties. In a suit

to foreclose a mortgage, the trustee in whom is the
legal title is an indispensable party, and the objection
that he has been omitted Is available at any time and in
any form.— J7<imi6HcI; v, RumuU, 8. C. Ala., Jan. », 1889; 5
South. Rep. 298.

79. MORTQAOBS— Foreclosure— Redemption. Under

Mo. acts 18i5, and 1806, declaring the personal represen-
tatives of a mortgagor after his death shall be defend-
ants In a foreclosure, the grantee of a devisee of the
mortgagor Is not a necessary party to a foreclosure
suit after the mortgagor's death and is not entitled to
redeem.— TVamsy v. 8pi9Ut 8. 0. Mo., Feb., 4, 1889; 10 8.
W. Rep. 488.

80. MoBTOAOBS — Waiver Of Homestead — Void for

Clsury. A waiver by one executing a mortgage of

th^ right to homestead and exemption, Is of no elfect if
usury enters into the transaction.— SmaU v. Hick$, 8: 0.
Qa., Jan. 88, 1889 ; 8 8. B. Rep. 828.

81. MuNioiFAL OORPOBATION — Police Department —

Dismissal of Officers'. -^ The city council of Denver

adopted a resolution honorably discharging eighteen

-policemen. At the same session a resolution was
adopted to add to the police force twenty patrolmen :
Htid, that one who was discharged in pursuance of the
flrst resolution, and was not subsequently employed
under the resolution increasing the force, could not
oomplain.— /Tiuitcm V. CUfc/Denvtr, 8. C. Colo., Jan. 18,
1689; 20 Pao. Rep. 829.

83. MUHTOIPAL 0OBPORATION8 — Taxation — Natural

Oas Pipes. Gas pipes owned by a corporation

to supply natural gas to consumers in PitUburg, as
such are not taxable by the city either as land or capi-
tal stock, under act Pa. May 6, JSil.^ Appeal of PUUburgh,
8. 0. Penn., Jan. 7, 1889; 16 Atl. Rep. 821.

88. NBOLIOBBCB— Tug Landing Tow. HOd, under

facts that the tug was negligent In landing the canal-
boat and that the latter was not so weak as to require
notice of that fact to the tug.— <yNeU v. The yorth, U. 8.
D. O. (N. Y.), Dec SI, 1888; 87 Fed. Rep. 270.

84. Nbw Tbial— Discretion of Trial Court — Power of

8npreme Court. Colorado act of 1886, relating to

new trials, does not deprive the supreme court of the
power to reverse when the ground for the motion does
not in fact exist, or is not a legal ground, or Is the re-
sult of the applicant's own negligence.— Clifford r. Dtn
vm-S.P.^F.R, Ob,, 8. C. Colo., Dec. 27, 1888; 20 Pae.
Rep. 8SS.

80. Pabtiibrship — Action Against Summons. A

partnership cannot be sued as such. The names of its
members must l>e set out In the complaint an^ sum
mons.— DumJUmi v. ScMmdler, 8. r. Oreg., Jan. 16, 1889; 20
Pao. Rep. 826.

86. Pabthbbship — Action on Sealed Note— Rntlflca

tlon. In an action against one member of a firm on

a sealed note executed by his partner In the firm name,
a charge that It was necessary that he should know its
character before ratification could be made. Is proper.
^ffuU V, Younp, 8. C. 8. Car., Feb. 9, 1889; 8 8. E. Rep. 606.

87. Pabtmkkship— Share In Profits. A perwon may

be liable as partner Ihougb by the articles of purtner -
Mhip he Is to receive no share of the prottts — Ktab t*.

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