(CIVIL REMEDIES; RULES AND PRINCIPLES.) Annuities. An annuity created by will, to be paid to an adult during the lifetime of the husband of the testatrix, is held not to be apportionable in the absence of anything in the will to indicate such an intent. (Miss.) 616. An annuity, even when given to a widow in lieu of dower, is held not to be apportionable, so that her death pending a yearly period will terminate all claim to any portion of the sum that would have become payable at the termination of that period. (Conn.) 625. VII. CIVIL REMEDIES; RULES AND PRINCIPLES. Appeal. A judgment of a state court is held not to be reviewable in the Supreme Court of the United States on the ground that it denied a riht, title, privilege, or immunity secured by the Federal Constitution, where it does not appear on the face of the record that such right, title, privilege, or immunity was specially set up or claimed in the state court. (U. S.) 329. A Federal question first raised in a petition for rehearing in the highest state court is held to be raised too late to confer jurisdiction upon the Supreme Court of the United States, where such petition was denied without opinion. (U. S.) 33. The statute of limitations is held to begin to run at once on a stockholder's subscription to its capital stock to be paid at intervals upon the call of the board of directors, when the corporation becomes insolvent and suspends active business, or when it closes its doors and ceases all its usual and ordinary business leaving debts unpaid, although no call has been made up on the stockholders. (Kan.) 137. Evidence; presumptions. In an action upon a promissory note, when the defendant denies its execution, it is held that a handwriting expert may compare the signature to the note with the defendant's signature to pleas signed, sworn to, and filed by him, and express his opinion ture to the notes and pleas. (W. Va.) 937. whether the same person made the signa When other writings are available for comparison with a disputed writing in a slander case, it is held that there should not be admitted in evidence a letter confined to the political issues of a pending presidential campaign, the effect of which will tend to prejudice defendant with such members of the jury as do not share the views expressed. (Md.) 427. Incapability of the life tenant of a settlement in trust for the benefit of a woman and her children to bear children is held not to be provable by expert medical testimony, for the purpose of enabling the settlor and life beneficiary to terminate the trust and cut off the children's contingent inter The right to a writ of quo warranto to prevent a railroad company from making unlawful charges for services rendered is denied where the legislature has made am-ests. (Md.) 145. (CRIMINAL LAW AND PRACTICE.) Witnesses. That a storage company received pos- out the necessity of coming in under the session of a trunk is held not to be shown prior one by motion to open that decree. by evidence that, in response to a telephone (N. Y.) 95. message, the person answering the call for the company's number claimed that he represented the company, and, in compliance with a request communicated to him, an expressman called at the designated house and took away the trunk, so as to render the company liable for its loss. (Wash.) 988. Damages. The measure of damages where the negligent delay of a telegraph company in the delivery of a message results in the loss of a sale of corn at a price above the market value at the time and place it would have been delivered had such a sale been made is held to be the difference in value between the price the corn would have brought had the sale been made and the market value of the corn at such time and place of delivery, although it was finally disposed of at a higher price. (Neb.) 803. Suit by taxpayer. The right of a taxpayer of a county to bring a suit in his own name on behalf of the public to compel restoration to the treasury of money illegally appropriated as fees by a county officer with the consent of the board of commissioners is sustained where the board refuses to bring the action. (Ind.) 133. Administrator's accounting. A brother of an intestate, who is not made a party to an accounting by the administrator, is held to have the right to treat the proceedings in which the accounting was had as void, and institute new proceedings to compel an accounting, with That a witness called to prove handwriting was not acquainted with the writing of the one who is alleged to have written the signature in controversy until four years after its date is held not to be sufficient to make him incompetent to testify. (N. C.) 963. The right to interrogate a witness as to his belief in a Supreme Being who would punish him for false swearing, for the purpose of affecting his credibility, is denied where the Constitution provides that no person shall be incompetent to be a witness on account of his religious belief, and abrogates all disqualification from civil rights because of such belief. (N. Y.) 182. The right to cross-examine handwriting experts in order to prove their ability is sustained, and it is held to be error to strike out an admission by such an expert that he had been mistaken as to signatures which he had pronounced genuine, although the trial judge might, in his discretion, have excluded an effort to secure such admission in the first instance. (N. Y.) 163. One who is entirely ignorant of the meaning of the ceremony of administering an oath is held not to be a competent witness. (Kan.) 271. Writ and process. A nonresident attorney at law is held not to be exempt from service of process when coming into the state to transact business before the courts in the interest of his client. (N. C.) 499. VIII. CRIMINAL LAW AND PRACTICE. The subsequent marriage of the defendant | to employ means to procure the miscarriage to the injured female is held not to be a bar to a prosecution under a statute providing a penalty for obtaining illicit connection under promise of marriage with any female of good repute under twenty-one years of age. (Kan.) 281. Homicide. A killing is held not to be reduced to manslaughter where a person, after having been knocked down, and having started to leave the room, turned and fired back toward the spot where his assailant stood, but which had been vacated by him and was occupied by another, if, at the time the shot was fired, the accused recognized that the person at whom he aimed was not his assailant. (Tex. Crim. App.) 660. That a statute making it a misdemeanor of a pregnant woman prescribes the penalty for the offense is held not to take such act, when it results in death, out of the provi sions of the statute making it manslaughter to kill another in the commission of some unlawful act. (Wash.) 902. Monopolies. A combination prohibited by the act of Congress of July 2, 1890, is held to be constituted by an association to unite all "acceptable dealers” engaged in certain business in a certain city and within 200 miles therefrom, and all American manufacturers of their supplies, the rules of which exclude unacceptable persons from membership, and prohibit their purchasing supplies at less than list prices, which are more than double (CRIMINAL LAW AND PRACTICE.) what members of the association pay. (C. | bloodhounds after being set upon the trail C. A. 9th C.) 58. Right to impartial jury. The constitutional provision for an impartial jury is held to be violated in a prosecution for manslaughter by recklessly driving over a traveler on the highway, by permitting thereon a witness who, to the knowledge of the prosecuting attorney, knew that accused was recklessly driving on the highway immediately preceding the commission of the offense, a short distance from where it was committed. (Wash.) 807. Suspension of sentence. Jurisdiction to impose sentence upon one convicted of crime is held to be lost by permitting him to go at large upon his own recognizance pending a motion for new trial, and taking no further action in the case until after the expiration of several terms of court. (Ill.) 82. Evidence. Evidence of the conduct and behavior of 63 L. R. A. of a fugitive criminal is held not to be admissible for the purpose of proving that the scent of the accused and the scent of the person who perpetrated the crime are identical. (Neb.) 789. Evidence that accused and others armed themselves and started out to commit burglary, and that they encountered and killed a police officer near the scene of the intended crime, is held to be sufficient to sustain a finding of deliberation and premeditation necessary to constitute the crime of murder in the first degree, although there was also evidence that the officer was the first to fire. (N. Y.) 353. That papers were seized in violation of the constitutional provision protecting one against unreasonable searches and seizures is held not to prevent their being used in evidence against the person from whom taken if he is placed on trial upon a criminal charge. (N. Y.) 406. |