Deadly Weapon.

A piece of metal used in setting up forms in printing office, about seven inches long and from half an inch to an inch thick, weighing about three pounds, with which was inflicted a wound about an inch long, leaving a small scar, was not a "deadly weapon." - Kinchen v. State, Tex., 188 S. W. 1004.

2. Variance. - Under an indictment charging assault and battery with a club, proof that the assault was committed with a strap was not a fatal variance, where the defendant could not have been misled, and must have known that the charge was that of unlawfully flogging a convict. State v. Mincher, N. C., 90 S. E. 429.

3. Attorney and Client-Misconduct. - Member of bar accepting payment in full for filing a petition for divorce, who misrepresented status of proceeding, held guilty of unprofessional conduct, ordered to repay amount received, and suspended.-Grinsell v. Wilcox, R. I., 98 Atl. 977.

4. Scope of Employment.-Attorneys at law are not liable if their acts are in good faith and pertinent to the matter in question.Waugh v. Dibbens, Okla., 160 Pac. 589.

5. Bankruptcy-Homestead. - Congress by the Bankruptcy Act cannot destroy the lien of a judgment creditor, who on execution has been allotted the homestead of the judgment debtor. -Watters v. Hedgpeth, N. C., 90 S. E. 314.

6. Banks and Banking-Blank Indorsement. -Where a stockholder in a national bank sold shares to the cashier or his wife delivering his

certificate to the cashier with blank indorsement, with request to transfer on same, direction of verdict in action by receiver against the stockholder to collect assessment was error.Freeman v. Jackson, Ga., 90 S. E. 467.

7. Collection. The proceeds of a draft purchased by a bank cannot be attached as the property of the drawer; but, if the bank was a mere collecting agent, the proceeds would be subject to attachment. - Worth Co. v. International Sugar Feed No. 2 Co., N. C., 90 S. E. 295.

8. Negligence. It is negligence in a bank receiving a draft or check for collection to send it directly to the drawee, though the drawee is the only bank at the place of payment.-American Nat. Bank v. Savannah Trust Co., N. C., 90 S. E. 302.

9. Notice. - A bank is chargeable with knowledge of its teller and bookkeeper, and cannot claim to hold money received for deposit by such agents without being charged with their knowledge had when receiving it. - Hale v. Windsor Sav. Bank, Vt., 98 Atl. 993.

10. Part Payment.-A bank at which a note is made payable, and to which it has been sent by the payee for collection, has no right, without special authority to accept a part payment.-Peaslee-Gaulbert Co. v. Dixon, N. C., 90

S. E. 421.

11.-Ultra Vires. A plea of ultra vires is available to a national bank in a suit on a contract beyond its powers, under the National Banking Act, but if it has received the money or property under such a contract, not malum in se and refuses to return it, the other party may recover the money or property by which the bank has actually benefited. Gilbert v. Citizens' Nat. Bank of Chickasha, Okla., 160 Pac. 635.

12. Bills and Notes Accommodation Indorser.-Accommodation indorsers of note, in which there is a waiver of homestead and concealed usury, are in consequence of their increased risk discharged from liability; but if they know of the usury, they do not escape all liability, but may be relieved of usury upon a proper plea. Vaughan v. Farmers' & Merchants' Bank, Ga., 90 S. E. 478.

13.Bona Fide Purchasers. An indorsement on a check, "To be applied on paper held by (mortgagee) if found correct," is notice to assignees of the check of the mortgagee's right, and the assignees are not bona fide purchasers.-Slimmer V. State Bank of Halstad, Minn.; 159 N. W. 795.

14. Escrow. In an action on a note to a printing company, evidence that the stock of the printing company was worthless, and the newspaper published by it at a loss, was admissible on the issue of fraudulent concealment of facts by an officer of the printing company and plaintiff corporation to whom the maker delivered the note in escrow. - Northern Trust Co. v. Bruegger, N. D., 159 N. W. 859.

15. Jurisdiction. - No jurisdiction to declare invalid a note of an insolvent corporation, proceeds of which are to pay dividends, exists except on averment and proof of contemporaneous insolvency.-Williams V. S. M. Smith Ins. Agency, W. Va., 90 S. E. 393.

16.--Negotiability. - An executor's blank indorsement upon a check payable to him

as

he was in arrears. - Little Rock Ry. & Electric Co. v. Leader Co., Ark., 188 S. W. 1182.

35. Estoppel-Consignee in Good Faith.Where one mails a bill of lading to the consignee of shingles and makes draft for part of the price, he cannot maintain trover against a transferee of the consignee in good faith and without notice.-E. G. Willingham's Sons v. McGuffin, Ga., 90 S. E. 356.

36. Incompetent Positions. - Plaintiff's position in suing for goods, and in a prior action for damages thereto, being that they were not rendered worthless by defendant carrier's acts he cannot take the opposite position as against defendant's claim for storage charges.-Holloman v. Southern Ry. Co., N. C., 90 S. E. 292.

37. Executors and Administrators-Ancillary Administrator. Goods once in legal possession of executrix duly appointed in Texas could not afterward be affected by administration granted in Missouri to which they were removed for purposes of sale, so that the Missouri court had no authority to appoint an ancillary administrator over them. -Hill v. Barton, Mo., 188 S. W. 1105.

38. Rescission. - Where an administrator or executor obtains an order to sell mortgaged property to pay debts of succession without notice to the mortgage creditor, the latter is entitled to have the order of sale rescinded, on making prompt demand by rule on the administrator or executor. - Succession of McCall, La., 72 So. 818.

39. Exemptions-Head of Family. -A priest of the Roman Catholic Church who had his sister living with him under an agreement to maintain her, held a head of a family within the exemption statute, Code Iowa 1897, § 4008.-In re Opava, U. S. D. C., 235 Fed. 779.

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40. False Imprisonment - Respondeat perior. Carrier is liable for false imprisonment of employe for nonpayment of fare when he believes he is entitled to free transportation under contract for services; imprisonment having resulted from unlawful arrest by conductor. Comisky v. Norfolk & W. Ry. Co., W. Va., 90 S. E. 385.

41. Forgery-Evidence. In a prosecution for making and uttering a false check, charge that if defendant uttered the check, but did not know it was a forged check, or did not intend to defraud the parties, or no parties were defrauded, defendant should be acquitted, was not error.-Bates v. State, Ga., 90 S. E. 481.

42. Fraud-Evidence. - A statement that defendant's liability under a guaranty presented for his signature on a note was the same as under a former indorsement is not sufficient to constitute fraud.-First Nat. Bank v. Schirmer, Minn., 159 N. W. 800.

43. Fraudulent Conveyances Parties to Action. For creditor to obtain relief by bill to subject property fraudulently conveyed, it was not necessary that holders of liens on property involved prior to execution of alleged fraudulent deeds, which liens were not attacked, be made parties defendant. - McCoy v. J. I. Case Threshing Machine Co., Miss., 72 So. 784.

44. Gaming-Principals in Misdemeanor.On trial for keeping a gaming house, if it is shown that accused was criminally connected by act and intent with the offense, it is sufficient to convict, as all concerned in a misde

meanor are principals.-Ponder v. State, Ga., 90 S. E. 365.

45. Gifts- Intent. - The intention to give need not be manifested solely by the particular words of the donor, but they need only be susceptible of that meaning, and the words: "Here are the certificates of deposit. Take them to C. and they will be all right"-are sufficient to create a gift causa mortis. Mellor v. Bank of Willows, Cal., 160 Рас. 567.

46. Guardian and Ward-Tender. - Where the guardian of a minor takes notes with personal security without authority from the county court, and without approval of the loan made, a tender of the notes in settlement with his successor, who refuses them and institutes suit, is insufficient. -Cabell v. McLish, Okla., 160 Рас. 592.

47.

Homestead-Adult Heirs. - An adult heir cannot acquire a homestead in his own right of the ancestor's land so long as there is an outstanding right of homestead right in an infant heir.-Greer v. Griffis-Newbern Co., Ark., 188 S. W. 1185.

48. Husband and Wife - Deeds. - Conveyance to husband and wife reciting that, if the husband died without bodily heirs, the wife should take by survivorship, and if she died without issue, he should take an undivided moiety, conveyed to her an undivided half in fee absolutely and to the husband a fee subject to a condition in her favor in case he should die without children.-Young v. Brown, Tenn., 188 S. W. 1149.

49. Joinder of Husband. Under Ky. St. § 506, an instrument, granting the wife's separate estate, not joining the husband in the granting clause, but, following description of the land, joining him for the purpose of relinquishing homestead and dower, signed and acknowledged by the husband and wife, is a joint deed, and conveys good title. - Hopper's Adm'r v. Hopper, Ky., 188 S. W. 1069.

50. Suretyship. Under Civ. Code 1910, § 3007, declaring that a married woman cannot bind her separate estate by contract of suretyship, a mortgage note, executed by a married woman, binding her separate estate and payable to her son, which was intended for him to pledge as collateral, is unenforceable by the creditor, where informed of the purpose of the transaction. Milton v. Setze, Ga., 90 S. E. 469.

51. Indictment and Information-Definiteness. -In a prosecution for operating a blind tiger in violation of Act No. 8 of 1915, defendant is entitled to be informed before he pleads whether he is prosecuted for keeping liquors for sale, barter, exchange, or habitual giving away of liquors. State v. Nejin, La., 72 So. 801.

52.-Election.-Where accused was charged with cattle theft, and with receiving stolen property, it was not error to refuse to require the state to elect on which charge it would prosecute, nor to submit both charges to the jury.Longoria v. State, Tex., 188 S. W. 987.

53. Insufficiency. Indictment, in language of Laws 1912, c. 136, § 3, requiring posting of copies of anti-tipping statute in conspicuous places in passenger or sleeping cars, held insufficient as failing to allege coach was being used as part of train engaged in hauling passengers. State v. Southern Ry. Co. in Mississippi, Miss., 72 So. 837.

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Minn., 159 N. W. 835.

55. Murder of Insured. A beneficiary in a life policy who murders the assured is barred from collecting the insurance money. - Equitable Life Assur. Soc. of the United States v. Weightman, Okla, 160 Pac. 629.

56. Surety Company. Although one bonded as "employe" was, during a part of the year, compensated on the net profit basis, the surety company was liable for his dishonesty, for he did not cease to be "employe" because of change in the method of fixing a portion of his compensation.-Adams Co. v. Nesbit, S. D., 159 Ν.

W. 869,

57.-Tender. In action for insurance agent's failure to cancel a policy, a tender or return of the premium is not necessary in the absence of a showing that the agent had none of the company's money on hand. - Westchester Fire Ins. Co. v. Bollin, S. C., 90 S. E. 327.

58. Intoxicating Liquors-Clubs. -Under the former construction of Rev. St. 1909, § 7188, as to selling liquor without a license, that it was not violated by clubs selling to their members, where the prosecuting witness, in seeking to procure drinks from a club to make a case, employed means to make it appear that he was a member thereof in order to accomplish such purpose, a conviction was not authorized.-State v. Ebel, Mo., 188 S. W. 1132.

59.-Evidence. - Proof of one sale is sufficient to authorize a conviction of violation of an ordinance prohibiting the keeping of intoxicating liquors for sale. - Jefferson v. City of Perry, Ga., 90 S. E. 365.

60. Unlawful Sales. - To avail himself of the exception of Burns' Ann. St. 1914, § 8351, in favor of licensed druggists, a druggist must secure a license from the state board of pharmacy, without which, for unlawful sale of liquor, he may be prosecuted under such section, rather than sections 8349, 8352, which apply regardless of license. - Hollon v. State, Ind., 114 Ν. Ε. 5.

61. Searches and Seizures. In a prosecution for violating the liquor law, there was no error in admitting testimony that defendant's house was searched and several bottles of whiskey found at or about the time of the alleged sale. Bishop v. State, Ga., 90 S. E. 369.

62. Landlord and Tenant-Sub-Letting.-A clause in a lease, restricting right of lessee to assign or sublet the premises, is for the benefit of the lessor, and can be set up alone by him.Chilson v. Cavanagh, Okla., 160 Pac. 601.

63. Licenses Taxation. -Const. art. 225, requiring taxation to be equal and uniform, does not apply to license tax, which, under article 229, may be graduated as to those engaged in severing natural resources from the soil.Standard Oil Co. of Louisiana v. Police Jury of Red River Parish, La., 72 So. 802.

64. Master and Servant-Competent Servant. -Where the master used due diligence in selection of competent servant to give warning signals and adopted a safe signal system, he is not

liable for negligence of a fellow servant in failing to give a proper signal.-Wiesner v. Bonners Ferry Lumber Co., Idaho, 160 Pac. 647.

65. Direction of Verdict.-Federal Employers' Liability Act does not affect practice, in state courts in actions thereunder so as to authorize application of the rule of federal courts that a verdict may be directed where the evidence preponderates in favor of one party.Lexington & E. Ry. Co. v. Smith's Adm'r, Ky., 188 S. W. 1091.

66. Negligence. It is negligence to direct an employe to insert a fuse in electrical connections without warning him that the switch had been changed so as not to cut the current entirely off. - Earl v. San Francisco Bridge Co., Cal., 160 Рас. 570.

67. Negligence. As to an employe who looked after switch lights in a yard and made repairs on the yard tracks, railroad in not having some one on front of caboose which was being pushed by an engine to warn employes of its presence was guilty of negligence.-Lexington & E. Ry. Co. v. Smith's Adm'r, Ky., 188 S. W. 1091.

68. Vice Principal. That a foreman holding a flaming torch over an open manhole of a receiving oil tank, was more reckless than was necessary, does not exempt the employer from liability. Lanis v. Illinois Cent. R. Co., La., 72 So. 788.

69. Warning. A sailor who was warned that planks across a hatch were barely sufficient to support the weight of an average man, but carelessly walked upon the planks while another was standing thereon, causing them to break, is barred by contributory negligence from recovery of damages from the owners of the ship. Connelly Southern Pac. Co., La., 72 So. 829.

V.