ports (1850), vols. 31 and 32 Maine Reports (1850), vol. 9 Gill's Maryland Reports (1850), and vols. 5 and 6 Cushing's Massachusetts Reports (1850).

The new volume contains 864 pages, with index. It is hardly necessary to say anything about the value of these reports. They are fully appreciated by the legal profession.

West Coast Reporter, issued in weekly parts, containing all the decisions, as fast as filed, of the following courts: United States Circuit and District Courts of California, Colorado, Nevada, and Oregon and the Supreme Courts of Arizona. California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming; also legal essays and editorial notes. Editors: John Norton Pomeroy, LL.D., Carter P. Pomeroy. Vol. I., January, February, 1884. San Francisco: A. L. Bancroft & Company, law book publishers, booksellers and stationers, 1884. Price $3.50 per volume.

The scope of this work is sufficiently set forth in the title above given. The first number appeared in January last, and we have before us, neatly bound, with index and table of cases, a book of over 850 pages. The enterprise of the publishers and the ability with which the editors have done their work, are commendable and deserve well of the profession. This series of reports will not only be valuable to the profession on the Pacific coast, but to lawyers throughout the United States.

We have also received Vol. 13 of the Reports of the Decisions of the Appellate Courts of the State of Illinois, by James B. Bradwell, containing all the remaining opinions of the first district, up to and including a portion of those filed on the sixteenth day of November, 1883, and all the remaining opinions of the second and third districts, up to January 15, 1884, and all the remaining opinions of the fourth disrict up to the fifteenth of February, except seven. Chicago: Chicago Legal News Co.

This volume contains 728 pages, with a complete and well arranged index. The series of these reports are recognized as perfect models in arrangement and execution, and this new volume is quite up to those previously published in this respect. Price $3.50.

DIGEST OF CASES.

Alternatively Pleading-Facts Constituting Fraud.-In an action to annul a conveyance on the ground of fraud, when the facts constituting the fraud are not clearly known by the plaintiff, the same may be alleged in the alternative. In such action, when the fraud consists in taking a deed in the name of a married woman, and in giving a mortgage to the grantor in the name of her husband, he being the person who committed the fraud, the wife is a necessary and proper party whether she was a particeps criminis to the fraud or not. Rasmussen et. al. v. McKnight et. al. Utah Sup. Ct., Feb. 13, 1884. 2 West Coast Rep. 205.

Commercial Agencies -Fraudulent Representation Through.—The business and office of commerciat agencies are so well known that the court can take judicial notice of them, and where a person furnishes them with information as to his own circumstances and pecuniary responsibility, his motive in so doing can only be to enable them to commuicate such information to persons interested in obtaining it; and, if such information be false and deceives persons who give him credit thereupon, his liability to a person defrauded by it is the same as if he had made the false representation directly to the party injured.-Genesee Savings Bank v. Barge Company. Mich. Sup. Ct., December, 1883.

Corporation-Unauthorized Contract of Employment of Attorney—Ratification-Acceptance of Services.-Where a person is employed for a corporation by one assuming to act in its behalf, and goes on and renders services with the knowledge of its officers and without notice that the contract is not recognized as valid, it will be held to have sanctioned and ratified the contract, and be compelled to pay for the services. But if it acquires no knowledge until after the services are rendered, it will not be liable merely because it accepts the benefit of them. Holmes v. Board of Trade. Mo. Sup. Ct., March 10, 1884.

Good Will-Effect of Attachment Upon.-The "good will" connected with any trade or occupation is a valuable right, and may be made the subject of barter and sale. If unlawfully taken away or destroyed, the law will award compensation to the injured party. Where customers who resort to a particular locality are driven therefrom by reason of an attachment having been levied, the trade loses what is known as good will," and suffers not merely a loss of profits.-Carey v. Gunnison. Iowa Sup. Ct., December, 1883.

Jurisdiction of Federal Court-Pendency of Cause in State Court.-Pending a suit in a state court for the partition of land, a court of the United States having concurrent jurisdiction may refuse to entertain a suit between the same parties or their successors by purchase, pendente lite, when the issues and interests involved in the two cases are the same. Martin v. Baldwin. U. S. C. C. D. of Cal., Feb. 4, 1884. 19 Fed. Rep. 340.

Jurisdiction of Circuit Courts- Waiver of Jury-Action at Law-Writ of Error-Limited by Statute.-1. The circuit courts of the United States have no jurisdiction to review any question raised by a bill of exceptions in an action at law in a district court, where the facts have been found without the aid of a jury, since there is no warrant in the statutes for the waiver of a jury in the district courts. 2. Proceedings in equity in the district courts can be reviewed in the circuit courts only upon appeal, and not upon writ of error. If a writ of error is taken, the court: of review can only treat the case as an action at law. 3. The circuit court has no jurisdiction to revise judģinents of the district court in any other way than the statutes prescribe; and no argeement of the parties can give it such authority. Doty v. Jewett. U. S. C. C. N. D. of N. Y., Feb. 16, 1884. 19 Fed. Rep. 337.

Master and Servant-Negligence-Contributory Negligence-Evidence.1. In an action to recover damages for injaries resulting in the death of a brakeman, it appeared that there was no witness to the transaction; held, that under such circumstances, evidence of the prior habits of the deceased as to care, prudence and sobriety is admissible as tending to prove that he was not guilty of contributory negligence, but where there were witnesses who saw the transaction, such evidence is not admissible. 2. Evidence of the usual mode of coupling and uncoupling cars at the switch where the deceased was injured, is not admissible as tending to prove due care on his part; what others did or were in the habit of doing did not tend to prove that he was in the exercise of due care, for such a course may have been careless, and even reckless, and would not justify the deceased in omitting to observe them. The Chicago, etc., R. Co. v. Clark. Ill. Sup. Ct., Nov. 20, 1883. 18 Cent. L. J. 170.

Practice-Statute of Fraud-Demurrer to Complaint.-The statute of frauds has changed the rule of evidence, not the rule of pleading. A plea which set forth a contract for the conveyance of real estate is good on demurrer, though it does not aver that the contract was in writingit not appering in the plea that it was not in writing. Tucker, Ex'rs v. Edwards. Col. Sup. Ct. 4 Col. Law Rep. 518.

Real Estate Injury to—Actionable Wrong.—An allegation that the defendant knowingly permitted a third person to use property of the defendant in a manner that was per se injurious to the adjacent land of laintiff, imputed an actionable wrong to him. Toff et al. v. The W. S. & O. T. Co. N. J. Sup. Ct., Feb. 8, 1884. 7 N. J. L. J. 79.

Res Adjudicata—Purchaser of Land Pendente Lite-Corporation Organized in Another State.-A decree settling the title to real estate is conclusive, in any subsequent litigation, upon all parties, privies and purchasers pendente lite; and a corporation which purchases from its president lands which are in litigation in a suit to which he is a party, is not exonerated from the burden of this rule by the fact that it is organized under the laws of a different state. Whiteside v. Hasleton. U. S. S. C., Jan. 28, 1884. 4 Sup. Ct. Rep. 1.

The Central Law Journal sums up its remarks on the riot in Cincinnati in the following words: "No one who has any respect for his name will attempt to defend this crime. It lacks any elements which entitle the aggressors to palliation or excuse. But it is done; and now, when the popular excitement has subsided, we can well consider the causes thereof and the moral it teaches us. First. It will be a great argument for those who are opposed to the jury system, to employ. Second. It shows beyond all doubt, that the populace have been alive to the miscarriages of justice which have lately occurred. Third. It intensifies the popular aversion to criminal lawyers. Fourth. It will serve as an efficient warning to courts which are disposed to thrust aside common sense in their veneration for some of the absurdities of the old law of criminal pleading. Fifth. It will render the ears of jurymen less sensitive to the pathetic appeals of eloquent advocates, and compel them to feel that their cwn lives and liberty are at stake as well as those of the accused. Sixth. It will have a tendency to intimidate jurymen to convict men whose guilt may be well doubted. Lastly. It will hasten a reform in the administration of justice in the criminal courts, and in matters of crime generally, a reform which we have contended was timely

and necessary. Sad as this Cincinnati riot has been; much as one may regret the loss of blood, the disturbance to public peace and safety, the senseless and aimless destruction of public property, the moral it has taught will be a very instructive and valuable one. The French revolution and the reign of terror which followed its inception, were looked upon at the time as a great outrage and drawback to civilization; but calmly viewed from the standpoint of to-day, we can see that it was but the outburst of resistance to tyranny; and he must be a strong skeptic who fails to see that it was one of the best things that has ever happened upon Continental Europe. So, this riot may seem to be a gross outrage to-day, but as the cloud of smoke which hovers over the mob disappears, the people will gradually come to congratulate themselves that it occurred."

NOTES OF CASES

NEIGHBOR'S SERVICES.

In in re estate of Granlich, Orphans Ct. Pa., 14 Pittsburg LegJ. 341, it is held that where a neighbor renders services to another, greater than are ordinarily rendered, but makes nodemand for compensation until three years after they are terminated, the presumption is either that they are gratuitous or have been paid. The court cited McConnell's Appeal, 97 Pa. St. 31, in which it was held that "where a person serves in the capacity of a domestic servant, and no demand for payment of wages is made by the servant for a considerable period after such service has terminated, the inference is either that the wages have been paid, or that the service was performed on the footing that no payment was to be made; and say: "And in that case, although but two years had elapsed before demand was made, and there was an express contract, it was held that the presumption of payment was raised. This alternative presumption is founded upon the fact that servant's wages are usually paid at stated periods, and upon the further fact that a servant rarely leaves the service of an employer and remains away for any length