tated in 17 A.L.R. 980, cannot be convicted of embezzling partnership funds under a statute which provides such conviction for certain specified persons, not including a partner, and "any person otherwise intrusted with or having in his control property for the use of any other person," who appropriates it to his own use, or secretes it for that purpose.

Evidence death certificate. The death certificate issued at the time of death of one alleged to have been killed by another's negligence is held to be admissible in evidence in an action to recover damages for the death, in the Utah case of Bozicevich v. Kenilworth Mercantile Co. 199 Pac. 406, which is accompanied in 17 A.L.R. 346, by a note on death certificate as evidence.

fraud

Evidence sufficiency ulent conveyance. In a suit by subsequent creditors to set aside a deed made by their debtor, without consideration deemed valuable in law and with intent to hinder, delay, and defraud his creditors, brought within five years from the date of the deed, it suffices to prove fraudulent intent on the part of the grantor alone. Proof of knowledge thereof by the grantee is held not required in Graham Grocery Co. v. Chase, 75 W. Va. 775, 84 S. E. 785, annotated in 17 A.L.R. 723.

Evidence value of property assessment rolls. Assessment rolls are held to be no evidence of the market value of the property assessed in American State Bank v. Butts, 111 Wash. 612, 191 Pac. 754, annotated in 17 A.L.R. 168.

False pretenses- obtaining money on orders not to be delivered. That one cannot be convicted for obtaining money by false pretenses, by obtaining money on orders for goods which he does not intend to deliver, is held in the Oklahoma case of Helsey v. State, 193 Pac. 50, annotated in 17 A.L.R. 197.

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Is it the duty of a depositor on receiving from the bank a balanced pass book, statement of account, or canceled checks, to examine the same with reasonable promptness, and report to the bank any error, forgery, or the like which he may discover? Post card inside front cover will bring you the answer-no obligation.

min

Food coffee grounds as gling with poison. Coffee grounds from which an infusion of coffee is to be made for use as a beverage are held, in the Texas case of Harkey v. State, 234 S. W. 221, to be within the operation of a statute providing punishment for anyone who shall mingle any noxious substance with any drink, food, or medicine, with intent to kill or injure any other person.

The annotation which follows this case, in 17 A.L.R. 1276, treats of what is "food" within the meaning of the statute.

Guardian and ward guardianship for idle and intemperate persons. That a guardian may be appointed for the owner of a farm who fails to care for the property, and is idle and intemperate, where the statute authorizes the appointment of guardians for spendthrifts, is held in Re Reed, 173 Wis. 628, 182 N. W. 329, which is followed, in 17 A.L.R. 1063, by a note on the mental condition which will justify the appointment of a guardian or committee of the estate, as for an incompetent or spendthrift.

Highway liability for obstructing sidewalk. Abutting owners who unnecessarily obstruct a sidewalk so as to compel footmen to mingle with traffic in the roadway, and the city which permits them to do so, are held liable for injuries which thereby re

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against recommending, advising, or persuading others by peaceful means to cease employment and labor, or against attending at any place where such person or persons may lawfully be for the purpose of peacefully obtaining or communicating information, or peacefully persuading any person to work or abstain from working, or against peaceably assembling in a lawful manner and for lawful pur

on

sult to such persons, in the Missouri case of Shafir v. Sieben, 233 S. W. 419, which is annotated in 17 A.L.R. 637.

Homicide

mercy

recommendation to discretion. Section 12,400 of the Ohio General Code, giving the jury discretion to recommend mercy in cases of conviction of first-degree murder, is held, in the Ohio case of Howell v. State, 131 N. E. 706, to confer an absolute discretion which should not be influenced by the court. However, this discretion should be exercised in view of all the facts and circumstances disclosed by the evidence.

The subject of recommendation of mercy in a criminal case is treated in the note which accompanies this case, in 17 A.L.R. 1108.

Injunction in industrial dispute -picketing Clayton Act. Picketing in groups of from four to twelve near an employer's place of business during a strike, accompanied by attempts at persuasion, or communication with those entering or leaving the plant, with the inevitable result of intimidation of employees and would-be employees, and of obstruction of, and interference with, the business of the employer, is held, in American Steel Foundries v. Tri-City Central Trades Council, U. S. Adv. Ops. 1921-22, p. 103, to be unlawful, and may be enjoined, notwithstanding the provisions of the Clayton Act of October 15, 1914, § 20, which forbid an injunction

Insurance accident pursuit of criminal voluntary exposure. The fact that the insured was killed while voluntarily aiding a peace officer in the fresh pursuit of persons reasonably suspected of having committed a crime, and seeking to escape, is held, in the Nebraska case of Sackett v. Masonic Protective Asso. 183 N. W. 101, annotated in 17 A.L.R. 188, not to defeat recovery, as a matter of law, in an action upon a policy of accident insurance, under a provision thereof that the insurer shall not be liable in case of "voluntary exposure to unnecessary danger;" but the question whether, in performing his duty as a citizen, the insured incurred needless risk, is for the jury.

The Valuable Annotations

in

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ANNOTATED

and

AMERICAN LAW REPORTS

Are Directly Linked to Your State Reports and United States Reports Through Shepard's Citations.

There is a separate SHEPARD publication for each state. In addition to covering the citation phases of the whole range of local law-constitutional, statutory and case-it shows all citations of the local cases in the annotated case reports.

SHEPARD'S UNITED STATES CITATIONS

shows all citations of the Lawyers' Edition in the notes of the above annotated reports. This work includes citations and amendments and repeals of the United States Constitution and statutes.

Insurance change of by-law presumption of death. That a by-law of a mutual benefit society may be made applicable to existing contracts, where the member has agreed to be bound by by-laws subsequently enacted, which changes the rule of presumption of death, in case of disappearance, from seven years to the life expectancy of the member at time of disappearance, is held in Steen v. Modern Woodmen of America, 296 Ill. 104, 129 N. E. 546, which is accompanied in 17 A.L.R. 406, by a note on the validity of a by-law of a mutual benefit association preventing recovery upon presumption of death

from seven years' absence.

Insurance effect of receivership. Where a fire insurance policy provides that if any change takes place "in the interest, title, or possession of the subject of insurance (except change of occupants without increase of hazard), whether by legal process or judgment, or by the voluntary act of the insured, or otherwise," the policy shall be void, the judicial appointment of a receiver to administer the property, who takes actual possession of it, is held not to constitute a change of title or possession within the meaning of the forfeiture clause, in Bowling v. Continental Ins. Co. 86 W. Va. 164, 103 S. E. 285, annotated in 17 A.L.R. 376, on appointment of receiver, bankruptcy or insolvency proceedings, or assignment for benefit of creditors as change in interest, title, or possession, within fire policy.

NEW YORK

assign

taking partner.