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WEEKLY DIGEST.

Weekly Digest of Important Opinions of the

State Courts of Last Resort and of the Federal Courts. Copy of Opinion in any case referred to in this digest may be procured by sending 25 cents to us or to the West Pub. Co., St. Paul, Minn.

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22

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940

Arkansas.
California

.............4, 25, 29, 59, 66, 70, 73 Georgia .

................39 Idaho Indiana ..

............ 20, 88 Iowa........

...................60, 78, 96 Kentucky ......

........36, 64 Louisiana....

..................41, 77, 94 Maine......

...................18, 69 Michigan .......

.............49 Minnesota ...........

...... 74 Montana .......

.........9, 51 Nebraska..................12, 14, 31, 38, 43, 61, 75, 102 New Hampshire.....

................68 New Jersey......

.........52, 71 New Mexico.

........47, 57 North Carolina....

.....................15, 42, 67 Ohio .......

...................30, 101 Oklahoma.................

........10, 97 Oregon ...............

........93 Pennsylvania....10, 16, 17, 19, 26, 28, 37, 45, 46, 50,

56, 62, 63, 72, 79, 80, 81, 85, 89, 92, 95, 99 100 South Carolina.......

........34, 91 Texas...

................1, 7, 11, 27, 53, 82 U. S. C. C. App.............................2, 5, 24, 44, 65, 87 United States D. C.

...........3, 23 United States S. C.......................6, 21, 33, 35, 54, 84 Washington.

........32, 76 Wisconsin..........................13, 48, 55, 83, 86, 90, 98 Wyoming

..........8

own order to a bank to which it had been indorsed, it could not recover the amount as paid under a mistake of fact, as the drawee is bound to know the drawer's signature, and the fact that the acting quartermaster's indorsement of the draft was also forged did not change the rule.-U. S. v. Chase Nat. Bank, U. S. S. C., 40 Sup. Ct. 361.

7.- Holder for Value.-Transfer as collateral makes indorsee bona fide holder for value.--Ackers v. Frazier, Tex., 220 S. W. 426.

8.- Production.--Plaintiffsuing on a note was required to produce note if it was in her possession.-Caswell v. Ross, Wyo., 188 Pac. 977.

9.- Stipulation.-Where a note and mortgage were delivered at the same time in order to obtain a loan, a person signing the note alone, with full knowledge of and consent to the entire transaction, will not be permitted to say that he did not become bound by a stipulation in the mortgage granting the mortgagee the option to accelerate the payment of the note.-Union Bank & Trust Co. v. Himmelbauer, Mont., 188 Pac. 940.

10.- Taking Up Note.- Where a bank examiner required a bank to dispose of a note of a coal company, which defendant had signed, and the officers of the bank thereupon took up the note, held that where the note was still unpaid, defendant was liable to the officers who took up the instrument.—Maple-Gallia Coal Co. v. Thomas, Pa., 109 Atl. 602.

11. Breach of Marriage Promise-Mitigating Damages.--Belief in dishonesty of betrothed does not mitigate damages.-Vogt. v. Guidry, Tex., 220 S. W. 343.

12. Void Promise.—Promise in consideration of intimacy before marriage is void. Rich v. Fulton, Neb., 177 N. W. 175.

13. Bridges — Negligence. -- Negligence but slightly contributing to collision injuring bridge will not bar recovery by city.-City of Baraboo v. Excelsior Creamery Co., Wis., 177 N. W. 36.

14. Brokers-Implication.-Authority to sell not extended by implication to include land not described.--Spanogle v. Maple Grove Land & Live Stock Co., Neb., 177 N. W. 164.

15. Carriers of Goods—Negligence. — Where defendant carrier, receiving shipment billed for station the name of which had been changed because of similarity to name of another station, sent the shipment to the wrong station, where it remained for two weeks, it was guilty of an act of negligence independent of that of the carrier from whom it received goods, and was liable in damages for delay.-Gatlin v. Norfolk-Southern R. Co., N. C., 102 S. E. 779.

16. Carriers of Passengers-Lurching of Car. -Injury to a passenger, by lurching of railway train on which she was riding when rounding a curve, raises no presumption of negligence by the carrier, since the accident was not connected with means of transportation, and the burden of proving negligence is on the passenger.Delaney v. Buffalo, R. & P. Ry. Co., Pa., 109 Atl. 605.

17.- Premature Start.-17 plaintiff was injured, as claimed by him, by the premature starting of a train while he was in the act of boarding it on the proper side, he could re

1. Attorney and Client-Lien.-No lien on cause of action, judgment, or money until collected.-Finkelstein v. Roberts, Tex., 220 S W 401.

2. Bankruptcy-Preference.-Intent of transferror is immaterial in determining preference. -Richardson v. Germania Bank of City of New York, U. S. C. C. A., 263 Fed. 320.

3.- Preference.-Filing affidavit of 'renewal of chattel mortgage not preferential "transfer of property."--In re Dagwell, U. S. D. C., 263 Fed. 406.

4.- Trust.-Where one for whom property is held in trust becomes a bankrupt, his entire interest in the trust estate passes to the trustee in bankruptcy, and such ownership draws with it the right of possession, in so far' as such interest is capable of possession.-Ury v. Van Every, Cal., 188 Pac. 985.

5. Unpaid Stock.-Suit by trustee necessary for recovery on unpaid stock of bankrupt corporation.-Bergdoll v. Harrigan, U. S. C. C. A., 263 Fed. 279.

6. Bills and Notes-Forgery.--Where the United States paid a forged draft purporting to have been drawn on the United States Treasurer by an acting quartermaster in the army to his

cover.-Chitwood v. Philadelphia & R. Ry. Co., er officers an action to recover from him mob. Pa., 109 Atl. 645.

eys unlawfully held.-Club Laundry & Cleaning 18. Charities-- Assignment.--Where trust was

Co. v. Murphy, Pa., 109 Atl. 622, created in favor of a particular sanatorium as

29.—-Authority of Agent.-Implied authority sociation, which was to receive income under of the president of a corporation must arise out certain conditions, by declaration of trust not of the duties and responsibilities actually inauthorizing sanatorium association to assign

trusted to him by the corporation or the duties its interest in the trust fund, the association's assumed by him and acquiesced in by the corinterest in trust fund was not assignable to poration, and not upon his statements regardstate, to whom the association transferred the ing such duties and responsibilities.-Butler v. sanatorium.-Bancroft v. Maine Sanatorium As Solano Land Co., Cal., 188 Pac. 1019. s'n, Me., 109 Atl. 585.

30.- Tort.-Corporation conducting business 19. Commerce Employe.--A railroad's watch of another corporation liable for torts.-Auman at a public road crossed by track used for glaize Box Board Co. v. Hinton, Ohio, 126 V. E both intra and interstate commerce was not en

881. gaged in interstate commerce when killed flag 31.- Sale of Stock.--Damage for breach of ging an intrastate train, the nature of employ warranty in sale of stock is difference between ment being determined by work at immediate value as warranted and actual worth.-King y. time of accident, and being interstate within Day, Neb., 177 N. W, 160. federal Employers' Liability Act of 1908 (U. S.

32.-_Stock Subscription. A corporation or Comp. St. $$ 8657-8665) only if practically a part

its representatives may sue a subscriber to stock of such commerce, or having a direct applica

for the unpaid portion of the subscription price tion to both intra and interstate commerce,

on behalf of the other stockholders who have Di Donato v. Philadelphia & R. Ry. Co., Pa.,

paid in full, but a stockholder who has paid in 109 Atl. 627.

full has no right of action against the sub20.- Installation of Sprinkler System. -Con scriber to recover his individual loss; the cortract for installation of sprinkler system by for poration having failed.-Lumppv. Drumheller, eign corporation not "interstate commerce," but

Wash., 188 Pac. 913. "local business."--U. S. Const. Co. v. Hamilton

33. Courts-Cause of Action. A cause of 20Nat. Bank of Ft. Wayne, Ind., 126 N. E. 866.

tion arises under the laws of the United States, 21.- Intercourse.--"Commerce" is not traffic

so as to give jurisdiction, where an appropriatr alone, but is intercourse between nations and statement by plaintiff, unaided by any anticipa parts of nations in all its branches.-Blumen

tion or avoidance of defenses, discloses that it stock Bros. Advertising Agency v. Curtis Pub. really and substantially involves a dispute or Co., U. S. S. C., 40 Sup. Ct. 385.

controversy respecting the validity, construc22.- Foreign Corporation.-Prescribing the tion, or effect of an act of Congress.-First Nat. conditions on which foreign corporations may Bank v. Williams, U. S. S. C., 40 Sup. Ct. 372. do business in the state have no application to

34.--Law of the Case,—Where defendant's interstate commerce.-W. T. Rawleigh Co. v.

original motion to open a judgment for excusaVan Duyn, Idaho, 188 Pac. 945.

ble neglect was denied by the trial court and 23.- State Inspection.-State inspection law the judgment affirmed, such decision is the las burden on interstate commerce.-Wofford Oil

of the case, and is conclusive against a second Co. v. Smith, U. S. D. C., 263 Fed. 396.

motion to open the judgment on the ground 24. Contracts-Installments.-Failure to pay of the same excusable neglect.-Sharpe v. Hug. installments justifies contractor's refusal to gins, S. C., 102 S. E. 788. complete work.--U. S. Fidelity & Guaranty Co. 35.— Limiting Jurisdiction.-When a state v. Robert Grace Contracting Co., U. S. C. C. A.. creates a cause of action for death occurring 263 Fed. 283.

therein, it cannot limit the jurisdiction of the 25.---Place of Making.-The time and place Courts of other states to enforce it.-Kenney for the consummation of a contract is when and v. Supreme Lodge of the World, Loyal Order of where the last act necessary for its validity has Moose, U. S. S. C., 40 Sup. Ct. 371. been performed.--Fitzhugh v. University Realty 36.- Representative Action, - Jurisdiction Co., Cal., 188 Pac. 1023.

not conferred by statute authorizing represen26. Conversion - Equity. – Where testatrix tative actions.-Batman v. Louisville Gas & gave her entire estate, real and personal, to Electric Co., Ky., 220 S. W. 318. her five children, directing that the share given 37. Criminal Law - Cross-Examination. a daughter be held in trust to be invested in Where A. stated that accused shortly before the safe legal securities and the income paid to the murder said, "I am going to kill him; I served daughter, also directing the executors to sell

six months in prison," but witness at whose all realty at public or private sale, an equita

home accused made statements, in giving her ble conversion of the realty was effected.--In

recollection, made no reference to admission relre Rambo's Estate, Pa., 109 Atl. 671.

garding being in prison, it was not improper 27. Corporations -- Acceptance.- Subscription cross-examination calling for withdrawal of contract, with subscriber's notes securing it, be juror for district attorney to ask what accused came binding on acceptance.-Commonwealth said about being in prison.-Commonwealth To Bonding & Casualty Ins. Co. v. Hollifield, Tex., Fiorentino, Pa., 109 Atl. 679. 220 S. W. 322.

38.---Fugitive from Justice.-Persons other 28.--Action.-The position of defendant as than fugitives from justice are guaranteed preplaintiff corporation's president would not pre- liminary hearing.-Meyers v. State, Neb., 177 clude company from instituting through its oth- & N. W. 177.

39.- Misfortune.- A person may not be found guilty of any crime or misdemeanor committed by misfortune or accident, and where it satisfactorily appears there was no evil design or intention or culpable neglect.--Green v. State, Ga., 102 S. E. 813.

40.---Threats. In homicide cases, unless there is evidence tending to show self-defense, uncommunicated threats made by deceased against defendant are not admissible.-Almerigi V. State, Okla., 188 Pac. 1094.

41. Damages-Judicial Discretion.—Measure of damages rests largely in sound discretion of trial court.-Gray v. New Orleans Dry Dock & Shipbuilding Co., La., 84 So. 109.

42.- Malice.—“Malice,” as relating to damages, is defined as a disposition to do a wrong without legal excuse or as a reckless indifference to the rights of others and does not neces. sarily mean ill will, and includes a wrongful act knowingly and intentionally done without just cause and excuse.-Cottle v. Johnson, N. C., 102 S. E. 769.

43.— Penalty.-Liability in addition to actual damages is a "fine" or "penalty.”-Sunderland Bros. Co. v. Chicago, B. & Q. R. Co., Neb., 177 N. W. 156.

44.---Profits.-Loss of conjectural profits not recoverable. Chicago Life Ins. Co. v. Tiernan, U. S. C. C. A., 263 Fed. 325.

45. Death-Look and Listen.-In an action for the death of an automobilist, where there was evidence that he stopped within six feet of the first rail of the trolley car track and looked, it will be presumed that he also listened.Knobeloch v. Pittsburgh, H., B. & N. C. Ry. Co., Pa., 109 Atl. 619.

46.- Presumption of Care.-In the absence of proof to the contrary, the presumption is that one who met his death was using due care. -Nadazny v. Philadelphia & R. Ry. Co., Pa., 109 Atl. 625.

47. Deeds — Confidential Relations. - Where confidential relations between a parent and child are shown to have existed, and where a conveyance is made by the weaker to the dominant party, a presumption arises that the conveyance was obtained through undue influence, and the burden is on the person claiming under such conveyance to show that the transaction was bona fide.—Walters v. Walters, N. M., 188 Pac. 1105.

48. Divorce-Cruel Treatment.-Nagging at and refusal to eat with and accompany husband to public places held not cruelty.--Bird v. Bird. Wis., 177 N. W. 4.

49- Offer in Good Faith.-Husband's letters offering a home, not written in good faith. did not put wife in default.-Beckmann v. Beckmann, Mich., 177 N. W. 144.

50. Easements-Servient Estate.—The divid. ing of land into building lots and conveyance thereof with privilege of the use of carriageway, which was an easement appurtenant to the land being so divided and reserved by deed, thereby increasing the number of persons using the carriageway, did not so increase the burden on the servient estate as to justify a finding that the rights of easement had been renounced, abandoned, or extinguished.-Siedler v. Waln, Pa., 109 Atl. 643.

51. Fraud-Election of Remedy.-Party who has been fraudulently induced to enter into a contract may either rescind, or elect to carry out the contract, and recover damages.-Koch v. Rhodes, Mont., 188 Pac. 933.

52. Fraudulent Conveyances-Sale in Bulk.A sale in bulk, made by virtue of a chattel mortgage, or by the joint action of mortgagor and mortgagee, is not within the prohibition of the Bulk Sales Act-Schwartz V. King Realty & Investment Co., N. J., 109 Atl. 567.

53.--Solvency.-Intent to defraud creditors may exist despite solvency.-McWhorter v. Langley, Tex., 220 S. W. 361.

54. Game-Treaty.-Il the treaty between the United States and Great Britain proclaimed December 8, 1916, regulating the killing of migratory birds, is valid, the act of July 3, 1918. carrying its provisions into effect, is also valid, under Const. art. 1, § 8, giving Congress power to make all laws necessary and proper for carrying into execution the powers thereby conferred.-State of Missouri v. Holland, U. S. S. C., 40 Sup. Ct. 382.

55. Gifts-Reservation of Interest,--Reservation of interest on certificate of deposit during donor's life not inconsistent with gift.-Hudson v. Gleason, Wis., 177 N. W. 14.

56. Guardian and Ward-Welfare of Child.The welfare of the child is the primary consideration to which all other questions must yield and the Court must consider, not only the spiritual and temporal welfare, but the minor's further training, education, morals, and the ability of the proposed guardian to best take care of the child.-In re Butcher's Estate, Pa., 109 Atl. 683.

57. Homestead-Lien-A bona fide purchaser of real estate held as a homestead takes it free of the lien of a judgment against the homestead claimant.-Corn V. Hyde, N. M., 188 Pac. 1102.

58. Homicide-Aiding and Abetting.--Persons aiding, abetting, or assisting are guilty.-Hicks v. State, Ark., 220 S. W. 308. - 59.- Dying Declaration.--In California it is the function of the trial court primarily to. upon the admissibility of alleged dying declarations, and of the jury to determine whether they were in fact made under a sense of impend. ing death, and, if so, then to determine credibility and weight to which they are entitled.People v. Rulia Singh, Cal., 188 Pac. 987.

60.- Flight.-Fleeing from scene of killing and concealment circumstances to be considered.

State v. Christ, Iowa, 177 N. W. 54.

61. Husband and Wife -Alienation of Affection-Proof must show that affections were actually alienated.--Potter V. Howser, Neb., 177 N. W. 169.

62. Separation - Where husband was content with the provision of a separation agreement between himself and wife during his life. his children on his death cannot have it set aside.--In re Lawton's Estate, Pa., 109 Atl. 699.

63. Injunction-Motive.-Where party has legal right to act, equity will not enjoin him on account of motive. -Scott v. City of Pittsburgh, Pa., 109 Atl. 603.

64.- Accident.--Double indemnity clause in accident policy held not to apply to beneficiary. --Chicago Bonding & Ins. Co. v. Pulliam, Ky., 220 S. W. 316.

65.--Agency.-Agency could be shown by agent's testimony, though not by his declarations.- International Paper Co. v. General Fire Assur. Co., U. S. C. C. A., 263 Fed. 363.

66.-_Change of Beneficiary.-The beneficiary named in an insurance policy which authorizes insured to change the beneficiary cannot, in the absence of a contract with insured or any special equities depriving him of the right to make such change, attack his change of beneficiary for undue influence on the part of the new beneficiary.—New York Life Ins. Co. v. Dunn, Cal.. 188 Pac. 1028.

67. Judicial Sales Confirmation.-Generally, the highest bidder at a judicial sale is regarded only as a preferred proposer without independent right in the property or suit until the sale has been reported to the Court and confirmed. -Perry v. Perry, N. C., 102 S. E. 772.

68. Landlord and Tenant-Defects in Premises.-In the absence of any warranty, deceit, or fraud on the part of a landlord, he is not liable for injuries caused by defects in the premises.-Rowan v. Amoskeag Mfg. Co., N. H., 109 Atl. 561.

69. Larceny-Ownership.--In indictments for larceny, the ownership of the stolen article must be stated and must be proved as laid, but where the grand jury is ignorant of the owner, owner

There Wition, Licious

ship may be laid in persons to the grand jury be treated as personal property and not realty. unknown.-State v. Logan, Me., 109 Atl. 593. -In re Hill's Estate, Pa., 109 Atl. 697. 70. Libel and Slander-Malice.---The presump

86. Principal and Agent-Implied Authority. tion of malice from the publication of a defam

Possession of note not implied authority to atory article in and of itself cannot be rebut

make contract other than evidenced by indorseted.--New by v. Times- Mirror Co., Cal., 188 Pac.

ment.-Outagamie County Bank of Appleton v. 1008.

Tesch, Wis., 177 N. W. 6. 71. Malicious Prosecution - Motive, When

87. Principal and Surety - Anticipating the facts are not in dispute, the questions

Breach. -Secured party cannot anticipate breach, whether there was reasonable or probable cause

and make performance by principal impossible. for the prosecution, and whether defendant

and thereafter recover on bond.-U. S. Fidelity was actuated by a malicious motive in making

& Guaranty Co. v. City of Pensacola, U. S. C. C. the charge, are for the Court. -Colgan v. Sul

A., 263 Fed. 344. livan, N. J., 109 Atl. 568.

88.- Assignment.-Consent by surety to as72. Marriage_Cohabitation.-Reputation and

signment of municipal contract consideration for cohabitation are not marriage, but circum

indemnifying bond.-United States Fidelity & stances from which marriage may be presumed.

Guaranty Co. of Baltimore, Md., v. George S. -In re Bisbing's Estate, Pa., 109 Atl. 670.

Schauer Co., Ind., 126 N. E. 860. 73. Master and Servant-Course of Employ

89.- Paid Surety -A corporation engaged in ment.-Where employe was killed by being

the business of suretyship for profit cannot sucthrown from an automobile furnished by the

cessfully defend a suit by merely showing a master to transport the employes to the place

change in the contract, as is the rule in ordiof work, his injuries arose out of and in the

nary suretyship, but must prove also that the course of employment within the workmen's

change was material and prejudicial. -City of compensation act. - Dominguez V. Pendoia, Cal.,

Philadelphia v. Ray, Pa., 109 Atl. 689. 188 Pac. 1025.

90. Sales Conditional Sale.-Conditional sale 74.- Course of Employment.---Generally in

contract, not specifying time of payments, injury while going to or returning from work

sufficient to give constructive notice.-Ford MO. does not arise out of employment within Com tor Co. v. Maeder, Wis., 177 N. W. 39. pensation Act.--Nesbitt v. Twin City Forge & 91.--Counterclaim.-Where plaintiff agreed Foundry Co., Minn., 177 N. W. 131.

to sell defendants two lots of shirts, one to be 75.- Experienced Servant. Experienced shipped at once, and the other about two weeks railroad repair shop workman selecting hand

later, if received, payment to be made within holds in climbing on engine assumes risk.

ten days. defendant cannot by counterclaim reDavis v. Chicago, B. & Q. R. Co., Neb., 177 N.

cover damages for plaintiff's failure to make W. 181.

the last shipment without showing performance

on his part and payment.- Sunshine y. Furtick. 76. Insurer. -A master is not an insurer of

S. C., 102 S. E. 784. the safety, of the servants, and is required merely to exercise that caution which a person of

92.- Damages.-In a buyer's action against ordinary prudence would ordinarily exercise in

seller for failure to deliver goods, the measure like circumstances, but if the appliance is of

of damages is the difference between the consuch character as to suggest a high degree of

tract price and the market value at the time danger in its use, the degree of care and cau

and place of delivery with interest.-Seward V. tion to be exercised increases accordingly.

Pennsylvania Salt Mfg. Co., Pa., 109 Atl. 617. Stevens v. Hines. Wash., 188 Pac. 917.

93.- Lapse of Contract.-If either party to 77. Mechanics' Liens -- Waiver. - Mechanic's a contract of sale not specifying time for deprivileges; waiver of lien on building not waiver

livery lets a reasonable time expire without • of right of preference to be paid out of fund

demand, the contract lapses, and neither party in hands of owner. Thompson V. O'Leary, La.,

can enforce performance.—Hurst v. Hill, Ore.. 84 So. 116.

188 Pac. 973. 78. Mortgages-Attachment.-Attachment lien

94. Specific Performance-Judicial Supervisubject to prior unrecorded mortgage-Bain y.

sion.- Contract requiring continued supervision Ullerich, Iowa, 177 N. W. 61.

of Court will not be enforced. -Snyder v. Wilder,

La., 84 So. 104. 79. Negligence-Inherent Danger.-As respects liability for injury to children, an object

95. Trusts-Naked Trust.-A trust to support which is not obviously or inherently dangerous

a contingent interest in remainder is valid. and has proved uniformly adequate, safe, and

though active duties are not imposed on the convenient may be further continued without

trustee. In re Field's Estate, Pa, 109 Atl. 677. the imputation of negligence, though it might 96. Vendor and Purchaser-Practical Conbe made safer at slight expense.-Nichol V. Bell struction. In case of doubt, practical construcTelephone Co. of Pennsylvania, Pa., 109 Atl. tion by parties may be considered on intent649.

Gompert v. Frost, Iowa, 177 N. W. 71. 80.---Proximate Cause.-A proximate cause 97. Water and Water Courses Successive Inof injury is one which, in actual sequence, un juries.-A cause of action for damages occadisturbed by any independent cause. p

sioned by negligence in a structure not perthe result complained of.-Boggs v. Jewell Tea manent because abatable by an expenditure of Co., Pa., 109 Atl. 666.

labor or money consistent with rightful use 81.---Theory of.—To constitute negligence,

and maintenance of the structures arises at the there must be a violation of a duty, imposed

time of the actual injury, and successive aceither through the relation of the parties or by

tions may be maintained for successive injur

ies.- Chicago, R. I. & P. Ry. Co. v. Bahr. Okla.. -Fitzpatrick V. Penfeld, Pa., 109 Ati 653.

188 Pac. 1058. 82. Nuisance-Judicial Notice.-Judicial no

98. Wills—Annuity.-Direction in devise of tice is taken of injury to neighbors from raising

property, subject to annuity, to use income for hogs, but trifling damages create no liability.

society, means income above annuity.-State Royalty v. Strange, Tex., 220 S. W. 421.

Historical Soc. v. Foster, Wis., 177 N. W. 16. 83- Special Damage.-Landowner suffering

99.---Contingent Remainder.-A remainder special damages from pollution of well by in

limited to ascertained persons in esse after an dustrial waste held entitled to sue.-Anstee V.

estate whose termination does not depend upon Monroe Light & Fuel Co., Wis., 177 N. W. 26.

uncertain event is vested, not contingent.

Burkley v. Burkley, Pa., 109 Atl. 687. 84. Oflicers-Removal.--The power to remove an inferior officer is, in the absence of statu

100.-- Fee-A devise generally or indefintory provision to the contrary, an incident of

itely, with power of disposition, carries a fee.the power to appoint, and the power of suspen

Bennett v. Sutphen, Pa., 109 Atl. 669. sion in an incident of the power of removal.-- 101.- Intention.--Presumption in favor of Burnap v. C. S., U. S. S. C., 40 Sup. Ct. 374.

heir must yield to intent.-Godfrey V. Epple, 85. Partnership-Land.-Land deeded to part

Ohio, 126 N. E. 886, ners as a firm and not as individuals or as 102.- Perpetuities.-Will violating the rule tenants in common. being designated as part against perpetuities carried out so far as legal. nership property for the use of the firm, is to ' —Bunting v. Hromas, Neb., 177 N. W. 190.

INDEX-DIGEST

TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING

ARTICLES, ANNOTATED CASES, LEGAL NEWS, CORRE-

SPONDENCE AND BOOK REVIEWS IN VOL. 90.

A separate subject-index for the “Digest of Current Opinions" will be found on page 462,
following this Index-Digest.

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CARRIERS OF GOODS,

action for discrimination by railroad for

not furnishing sufficient cars, 186.
carrier's liability for not supplying cars,

403.

CARRIERS OF PASSENGERS,

ejecting passenger for refusal to buy ticket

upon reasonable opportunity, 142.
validity of ordinance requiring conductor

and motorman to operate cars, 169.

BAR ASSOCIATIONS,

bar association meetings for 1920---when

and where to be held, 254, 308, 360.
announcement of 1920 meeting of the

American Bar Association, 48, 413.
program of the meeting of the Alabama Bar

Association, 179, 325.
program of the meeting of the Arkansas

Bar Association, 396.
program of the meeting of the Georgia

Bar Association. 396.
'announcement of the meeting of the Illi-

nois Bar Association, 343.
program of the meeting of the Kansas Bar

Association, 29.
program of the meeting of the New Hamp-

shire Bar Association, 434.
program of the meeting of the North Caro-

lina Bar Association, 433.
report of the meeting of the Alabama Bar

Association, 433.
report of the meeting of the Virginia Bar

Association, 450.
work for the judicial section of the Ameri-

can Bar Association to do, 385.

CHARITIES,

right of heirs to land devised for particu-

lar charitable purrposes not carried out

by trustee, 315.
exemption from taxation of charities en-

gaged in selling merchandise for profit,

74.

CODIFICATION,

the use for precedent and the need for

codification, 386.

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