benefits to residents of the state where the property sought is situated by creating a new channel for the employment of capital and labor.

Eminent domain — right to abandon proceedings. The confirmation by the court of an unconditional report of commissioners of appraisement in eminent domain proceedings is held to terminate the power to abandon the proceedings in Re Palisades Interstate Park, 216 N. Y. 104, 110 N. E. 260, which is accompanied in L.R.A. 1916C, 641, by a note on the right to dismiss condemnation proceedings after confirmation of award or after judgment.

Estoppel encouraging nuisance injunction. That the owner of an apartment house cannot, after encouraging the erection of private garages in the neighborhood for the accommodation of it and its tenants, enjoin their use because their operation in an ordinarily careful manner proves to be a nuisance, is held in the Washington case of Mahoney Land Co. v. Cayuga Invest. Co. 153 Pac. 308, to which is appended in L.R.A. 1916C, 939, a note as to estoppel, by encouraging or acquiescing in the erection of a building or plant, to complain of it as a nuisance.

Extradition rendition to third state. That a state may, under the provision of the Federal Constitution requiring the delivery of a person who has fled from justice and is found within the limits of a state, surrender to one state a person whom it has extradited from another upon a charge which is not substantiated, without returning him to the latter, although the Federal statute provides for rendition only by the state to which the fugitive has fled, is held in the Texas case of Ex parte Innes, 173 S. W. 291, annotated in L.R.A. 1916C, 1251.

which he is imprisoned, when he acknowledges guilt of a crime within the jurisdiction of the court while testifying in another case, if the witness does not consent to trial and no papers are served upon him so as to bring him within the jurisdiction of the court.

False pretenses misreporting market price. One who, for a series of years, sells live stock to a company engaged in the business of buying it, above the market price, by misrepresenting such price to it, is held not within a statute providing punishment for one who obtains money from another by means of any trick, deception, or false or fraudulent representation, statement, or pretense, or by means of the confidence gained, in the Missouri case of State v. Aikins, 180 S. W. 848, which is accompanied in L.R.A. 1916C, 1101, by supplemental annotation concerning the offense of obtaining money by false pretenses as affected by the absurdity or improbability of representations or by the prosecutor's failure to investigate the

same.

Husband and wife divorce - remarriage prematurity - validity. The remarriage of the divorcee within a few hours of the expiration of the time for taking an appeal from the decree is not rendered void in Wallace v. McDaniel, 59 Or. 378, 117 Pac. 314, by a statute forbidding and making absolutely void the remarriage of every party to a decree of divorce until decision of the case upon appeal, or expiration of the time for taking an appeal, where the perfecting of an appeal within the time remaining would have been practically impossible, since the right to it might have been waived. for such a short period of time.

The validity and effect of a marriage contracted within the prohibited time. after divorce is the subject of the note appended to the foregoing case in L.R.A. 1916C, 744.

164 S. W. 759, under a statute providing that no subsequent or second marriage shall be contracted by any person during the lifetime of any former husband undivorced.

This decision is accompanied in L.R.A. 1916C, 707, by a note as to whether a bigamous marriage is void or voidable.

Inheritance tax on dower right. A statute imposing a tax on all property passing by will or the statutes of inheritance is held not to apply to the interest passing to a widow under a statute giving her a third of the real property which her husband possessed during marriage in the Utah case of Re Bullen, 151 Pac. 533, to which is appended supplemental annotation in L.R.A. 1916C, 670, as to succession tax on property received by surviving spouse.

Insurance agreement for extension - power of agent. Under the provisions of the standard form of insurance policy it is held in the Oklahoma case of Oklahoma F. Ins. Co. v. Fay Mercantile Co. 153 Pac. 127, that an agent has no power to bind the company, without its authority, by an agreement with the assured that he will renew the policy on its expiration.

The validity of the agreement of an agent to renew a policy in the future is treated in the note appended to the foregoing decision in L.R.A. 1916C, 779.

con

Insurance mutual benefit certificate change of beneficiary tract rights. The change by a man, without the knowledge or consent of his wife, of the beneficiary in a mutual benefit certificate upon his life, is held a breach of his antenuptial contract to take out the certificate in her favor, in Ryan v. Boston Letter Carriers' Mut. Ben. Asso. 222 Mass. 237, 110 N. E. 281.

The rights and remedies of a prior beneficiary, where the insured was mentally incompetent, when he made a change of beneficiaries, or the change was accomplished by fraud or undue influence, are considered in the note appended to the foregoing decision in L.R.A. 1916C, 1130.

insane person

Marriage annulment after death. A marriage of a person who was mentally incompetent, it is held in Re Gregorson, 160 Cal. 21, 116 Pac. 60, Ann. Cas. 1912D, 1124, cannot be treated as void after his death, where the statute provides that such marriages may be annulled except in case of free cohabitation after restoration of reason, in an action by the party injured, or relative or guardian of a party of unsound mind, at any time before the death of either party, while certain other classes of marriages are made absolutely void.

Whether mental incompetency renders a marriage void or voidable only is considered in a note appended to the foregoing decision in L.R.A. 1916C, 697.

Marriage - minority- nullification. A statute, forbidding under criminal penalties the performance of a marriage ceremony without the issuance of a license, and the issuance of a license for the marriage of a minor without the consent of the parent or guardian, is held not to authorize the annulment of a marriage entered into by a minor without such consent, in Browning v. Browning, 89 Kan. 98, 130 Pac. 852, Ann. Cas. 1914C, 1288, accompanied in L.R.A.

1916C, 737, by a note on validity of marriage of persons of nonage.

Marriage - minors effect of statute. A marriage of minors over the age fixed by the common law, but under that mentioned in the statute, is held not prohibited in Cushman v. Cushman, 80 Wash. 615, 142 Pac. 26, L.R.A. 1916C, 732, by a statute permitting marriage by males of the age of twenty-one and females of the afe of eighteen, making marriages voidable when either party is incapable of consenting thereto, and requiring for the securing of a license an affidavit that the male is over twentyone and the female over eighteen years of age, or has the written consent of parent or guardian, although they have not secured the required consent.

Marriage void right to ignore. A marriage, it is held in Taylor v. White, 160 N. C. 38, 75 S. E. 941, cannot be annulled because one of the parties was at the time married to another, if a decree has been entered by a court of competent jurisdiction, even after the second marriage was contracted, adjudging the prior one void ab initio because procured by duress, and it had never been ratified.

The question whether a marriage accomplished by duress is void or voidable is treated in the note accompanying the foregoing case in L.R.A. 1916C, 704.

Marriage within prohibited time after divorce recovery of property conveyed. A divorced person who remarries within the time prohibited by statute, is held not entitled in Szlauzis v. Szlauzis, 255 Ill. 314, 99 N. E. 640, Ann. Cas. 1913D, 454, L.R.A. 1916C, 741, to recover property conveyed to the second wife to induce her to enter into the marriage, where the statute makes such marriage void and a misdemeanor, although she acted with an ulterior purpose to secure possession of the property and abandon him.

Master and servant assault by coemployee liability. A master is held not liable, in Arkansas National Gas Co. v. Lee, 115 Ark. 288, 171 S. W. 93,

L.R.A. 1916C, 1200, for an assault upon a superintendent of one department of his work by an assistant superintendent of another department, in furtherance of a conspiracy between himself and the superintendent of that department to force the person assaulted out of the master's employment.

Master and servant - employers' liability servant engaged in interstate commerce. An employee in a machine shop operated by a railway company for repairing parts of locomotives used by it both in interstate and intrastate trans

portation is held not employed in interstate commerce in Shanks v. Delaware, L. & W. R. Co. 239 U. S. 556, 60 L. ed. -,36 Sup. Ct. Rep. 188, L.R.A. 1916C, 797, within the meaning of the Federal employers' liability act while engaged in taking down and putting into a new location in such shop an overhead countershaft through which power is communicated to some of the machinery used in repair work.

Master and servant workmen's compensation-dependent - wife living apart from husband. A woman who, to effect a reconciliation of differences with her husband, has left him, and is teaching school, is held not living with him, in the Michigan case of Finn v. Detroit, Mt. C. & M. City R. Co. 155 N. W. 721, L.R.A. 1916C, 1142, within the meaning of a provision in a compensation act that one so living shall be conclusively presumed to be dependent on him, although he contributes to her support, and she at all times intends to return as his wife, and is with him after the accident, before he dies.

Master and servant workmen's compensation-wife living apart from husband. A woman is not living with her husband, in Re Newman, 222 Mass. 563, 111 N. E. 359, L.R.A. 1916C, 1145, within the meaning of the provision of the workmen's compensation act that she shall be conclusively presumed to be wholly dependent when so living, where they have sold the furniture and he has gone into another state to work, while she labors to support herself and children, although he sends her money from time to time, and they have talked of resuming housekeeping, and are saving money for that purpose.

are elements which, from a strictly legal standpoint, can be relied upon in fixing

rates.

Reparation

necessity of showing loss sustained by excessive charge. A merchant is held in the Arizona case of Moore v. Ray & G. Valley R. Co. P. U R. 1916B, 637, not entitled to reparation for excessive freight charges where the selling price of the goods was fixed by adding the freight charges and his profit to the cost price.

Reparation - right to assign claim. That reparation will not be awarded to one who has obtained an assignment of the claim at a nominal price for speculative purposes, is held in the Arizona case of Moore v. Ray & G. Valley R. Co. P. U. R. 1916B, 637, since reparation is to repay the person who has suffered actual loss.

Rescission against seller - double dealing of agent. Rescission, it is held in the Oregon case of Hall v. Catherine Creek Development Co. 153 Pac. 97, annotated in L.R.A. 1916C, 996, will be granted at the suit of the purchaser against one who, after employing an agent to sell his land for a commission, gives him an option to purchase with knowledge that he is interested in the promotion of a corporation to purchase it, to which he effects a sale, receiving a

commission for his services.

is held unreasonable in the Oregon case of Richards v. District School Board, 153 Pac. 482, accompanied in L.R.A. 1916C, 789, with the cases on marriage as ground for non-appointment or dismissal of teacher.

Service electric option of consumer under two schedules inspection. An electric utility, it is held in the Missouri case of Rhodes-Burford Home Furnishing Co. v. Union Electric Light & P. Co. P. U. R. 1916B, 645, should, during the normal peak-demand period peculiar to each class of business, make an inspection of the installation of each customer, of a class having the choice of more than one schedule, for the purpose of checking up his connected load, maximum or assessed demand or other conditions of use, and should study the consumer's monthly energy consumption for the past year, and secure any other reasonable data necessary to determine whether the consumer is still being served under the most advantageous schedule, although such inspection will not be required where one has been made at the beginning or during the consumer's present term of agreement.

contract to

Specific performance sell certain number of acres out of tract. An unusual question arose in the Kentucky case of Roberts v. Bennett, 179 S. W. 605, L.R.A. 1916C, 1098, which holds that the vendor cannot enforce specific performance of a contract to sell his farm of 210 acres more or less in a certain locality, where the farm in that locality contains 3042 acres, from which he desires to convey two of the three parcels of which the farm consists, containing 2142 acres, since the description in the memorandum is not. sufficient to satisfy the statute of frauds.

Subrogation - building contract rights of surety. The obligee in the bond of a defaulting building contractor is held subrogated, in Johnson v. Martin, 83 Wash. 364, 145 Pac. 429, to the rights of the surety in a mortgage given by the contractor to indemnify him against liability, although by reason of insolvency the surety has not satisfied the bond, and the obligee did not know of the existence of the mortgage.

The right of an obligee to be subrogated to the security held by a surety is treated in the note appended to the foregoing decision in L.R.A. 1916C, 1057.

Sunday printing newspaper work of necessity. The publication of a daily newspaper on Sunday is a work of necessity within the exception of the Sunday law, and therefore, it is held in the Missouri case of Pulitzer Pub. Co. v. McNichols, 181 S. W. 1, that a contract for the printing of advertisements therein may be enforced.

Publication and sale of a newspaper on Sunday is the subject of the note appended to the foregoing decision in L.R.A. 1916C, 1148.

Tax succession estate by entireties. No succession tax is due upon an estate held by entireties upon the death of one tenant, under a statute imposing a tax on real estate which passes by the "laws regulating intestate succession," is held in Palmer v. Mansfield, 222 Mass. 263, 110 N. E. 283, annotated in L.R.A. 1916C, 677.