NOTES OF RECENT CASES

criminal cases calling attention to the interest of the accused and indicating that his testimony might be looked upon with some degree of allow ance. Finally in People v. Maughs, 149 Cal. 253, 86 Pac. 187, it declared that in the future, instruc tions of the character referred to would be consid ered ground for reversal. The Ryan case had already been tried but had not been heard on appeal. When it did go to the Supreme Court that tribunal stated that its holding in the Maughs case was not applicable as it was not meant to have any retroactive effect. CRIMINAL LAW. (Nuisance.) Iowa. — Some rather interesting questions arose in Hammond v. King. 114 N. W. Rep. 1062. The action was instituted for the apparent purpose of abating a liquor nuisance maintained by defendant, but the case, as presented by an agreed statement of facts, showed that the real object was to obtain a construction of the liquor law on the question, whether the day on which a school election was held was to be considered as an " election day" within the provisions of the statute prohibiting sales of liquor on any election day or legal holiday. The court below refused to pass on this question, on the ground that it was not shown that defendant was maintaining a nuisance at the time of the institution of the action, but the Supreme Court held that if sale by defendant on a school election day was really a violation of the statute, by the provisions of the Mulct Law, his carrying on the business thereafter constituted a nuisance. It then proceeded to determine the question sub mitted by the statement of facts, and held that sales on school election days were prohibited. The decision of the court carries with it the determination that whenever a saloon keeper has once violated the provisions of the statute referred to, his business from that time on constitutes a nuisance, subject to abatement. DAMAGES. (Future Earnings.) Mo. Ct. of App. — Is evidence of the unchaste character of a female suing for personal injuries admissible on the question of her probable future earnings? Plaintiff, in the case of Carlton v. St. Louis & Suburban Ry. Co., 106 S. W. Rep. noo, sued for injuries received while alighting from one of defendant's cars. It appeared that her occupation was that of laundress and seamstress, and defend ant contended that her chastity should be con sidered on the question of her earning capacity, but the trial court instructed that it could only be considered as affecting her credibility as a witness. The Court of Appeals cited Abbott v. Tolliver, 71 Wis. 64, 36 N. W. 633, Boyle v. Case (C. C.), 1 8 Fed. 880, Kingston v. Fort Wayne, etc. R. R. Co., 112 Mich. 40, 70 N. W. 315, 74 N. W. 230. 40 L. R. A. 131, and Metropolitan St. R. T. Co. v.

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Kennedy, 82 Fed. 158, 27 C. C. A. 136. as uphold ing defendant's assignments of error to the charge and reversed the judgment of the lower court. EXECUTORS. (Duty as to Trusts.) Cal. — Whether an executrix may impose as a condition to payment of a legacy for charitable uses, an agreement on the part of the trustee to apply the money as intended by the testator was decided adversely to her contention in the case of St. Mary's Hospital i'. Perry, 92 Pac. Rep. 864. Testator made a bequest of a thousand dollars to plaintiff for the purpose of endowing a bed for the poor. Defendant alleged that she was ready to pay over the money under a decree of distribution if plain tiff would agree to carry out the terms of the bequest, but that plaintiff refused to so do. The court held that it was no concern of the executrix as to what plaintiff might intend to do with the money and directed payment to be made. FRAUDULENT CONVEYANCES. (Liability of Grantee for Rents.) Neb. — The liability of a fraudulent grantee to creditors for rents and profits is discussed in First Nat. Bank of Plattsmouth v. Gibson, 114 N. W. Rep. 777. The deci sion is the result of protracted litigation com menced in 1889. It seems that the question in volved was decided in a former appeal (105 N. W. Rep. 1081), where it was held that when a convey ance of real estate is set aside as fraudulent at the suit of a creditor, and the land subjected to the lien of his judgment, and is insufficient to pay the judgment, such fraudulent grantee, in a proper proceeding, may be compelled to apply on the judgment the rents and profits of the land which accrued while the land was in his possession under the fraudulent conveyance. On the subsequent appeal, the court adheres to its former concluson and finally disposes of the case. MONOPOLIES. (Validity of Law Allowing Pooling of Farm Products.) Ky. —-The state of Kentucky has a statute entitled, " An Act per mitting persons to combine or pool their crops of wheat, tobacco and other products, and sell the same as a whole, and making contracts in pursu ance thereof valid." Farmers are thereby author ized to pool their products for the purpose of classifying and grading the same, so as to obtain higher prices than if sold separately by the individ uals owning them. In the case of Owen County Burley Tobacco Society v. Brumback, 107 S. W. Rep. 710, complainants charged that defendant had entered into an agreement for pooling with other persons, members of the complainant society, but in violation of his agreement had sold portions of his crop, and was threatening to sell the re mainder; that such further .sales would work irreparable injury to complainant, and asked for