§ 3. Premiums, dues, and assessments. When a policy holder exercises an option given him thereby to terminate the contract, and the policy fixes the rate of premium to be charged in such case for the time it has been in force, the contract rate governs, although the cancellation was induced by the insolvency of the company.-Insurance Commissioner v. People's Fire Ins. Co. (N. H.) 82. § 4. Cancellation, surrender, abandonment, or rescission of policy. Policies which provide that they may be terminated at the request of the insured do not require notice of election, and are terminated at once on delivery to an agent for cancellation. Insurance Commissioner v. People's Fire Ins. Co. (N. H.) 82. or eviction under an adverse title.-Barton v. West Jersey Title & Guaranty Co. (N. J. Sup.) 871. In action for insurance, truth of plaintiff's explanation of discrepancies as to the value of goods in his testimony, and in his proof of loss, held for the jury.-Fairfield Packing Co. v. Southern Mut. Fire Ins. Co. (Pa.) 317. Evidence that notice of additional insurance was mailed to the company held not sufficient proof of compliance with policy requiring notice to its directors of additional insurance, where its receipt is denied by person addressed.-Fairfield Packing Co. v. Southern Mut. Fire Ins. Co. (Pa.) 317. Evidence of intentional misstatement by plaintiff as to double insurance, in another proof of loss on goods destroyed in same fire, held admising Co. v. Southern Mut. Fire Ins. Co. (Pa.) 317. § 5. Avoidance of policy for misrepresible as touching his credibility.-Fairfield Packsentation, fraud, or breach of warranty or condition. Policy held avoided by failure to state in application that insured had had typhoid fever two months before.-Myers v. Woodmen of the World (Pa.) 563. § 6. Forfeiture of policy for breach of promissory warranty, covenant, or condition subsequent. Where policy provides that it shall be void if naphtha is kept on insured premises by insured, he cannot recover if it is used by tenant without his knowledge.-Badger v. Platts (N. H.) 296; Platts v. Badger, Id. § 7. Estoppel, waiver, agreements affecting right to avoid or forfeit policy. In action for insurance, evidence that officer of company stated to insured that notice of additional insurance might be mailed cannot be treated as agreement that letter posted should be accepted as notice before it was received.-Fairfield Packing Co. v. Southern Mut. Fire Ins. Co. (Pa.) 317. § 8. Right to proceeds. Under life policy payable to insured's wife, and on her death to "their children," she dying and he marrying again, the children by second marriage are not beneficiaries.-Etna Mut. Life Ins. Co. v. Clough (N. H.) 520. Where decedent's insurance was payable to his wife, and, in case of her death before his, to their children, and the wife died leaving two sons, the beneficial interest vested in the sons. Smith v. Etna Life Ins. Co. (N. H.) 531; Etna Life Ins. Co. v. Smith, Id. One selling plant, and taking a chattel mortgage in part payment, knowing that buyer intends to use plant for illicit manufacture and sale of intoxicating liquors, is entitled to insurance effected for his benefit by the buyer, regardless of such knowledge.-Amey v. Granite State Fire Ins. Co. (N. H.) 601. $9. Actions on policies. Defect in service of process, in that, instead of being on the resident agent of the insurance company, it is on an officer in another county, does not deprive the court of jurisdiction, but must be taken advantage of by motion to quash writ. Henderson v. Maryland Home Fire Ins. Co. (Md.) 1020. Suits against fire insurance companies may be brought in courts in counties where the local agents reside.-Henderson v. Maryland Home Fire Ins. Co. (Md.) 1020. On issue whether insured's failure to state that property was proximate to railroad was omission to state information material to risk, evidence of statute making railroad liable for fires held incompetent.-Davis v. Etna Mut. Fire Ins. Co. (N. H.) 521. Declaration in action on policy of title insurance is insufficient which avers a claim of title, A stipulation in a contract of insurance that no action can be sustained thereon unless brought within 12 months after the loss occurs is valid.-John Morrell & Co. v. New England Fire Ins. Co. (Vt.) 358. Acts of insurer held to show no waiver of a stipulation in a policy requiring suit within 12 months after loss.-John Morrell & Co. v. New England Fire Ins. Co. (Vt.) 358. § 10. Mutual benefit insurance. In determining the assets of an indemnity association which has power to levy assessments on its members, no value can be assigned to such power.-Betts v. Connecticut Indemnity Ass'n (Conn.) 65. Under charter of Connecticut Indemnity Association (10 Sp. Laws, p. 616, § 3), and Gen. St. §§ 2854, 2870, its capital stock must be computed as a liability.-Betts v. Connecticut Indemnity Ass'n (Conn.) 65. Under Gen. St. § 2869, receiver will not be appointed where assets of company were less than three-fourths of its liabilities when the petition was filed, but at time of hearing were more than three-fourths.-Betts v. Connecticut Indemnity Ass'n (Conn.) 65. Facts held to show a compliance with its laws by a benefit society in changing its constitution and by-laws.-Supreme Council American Legion of Honor v. Adams (N. H.) 380. Where the laws of a benefit society give the holder of a certificate full power to control the benefit, and give no rights to beneficiary's representatives upon the death of the beneficiary, there is a resulting trust in the holder.-Supreme Council American Legion of Honor v. Adams (N. H.) 380. Where the laws of a benefit society give the holder of a certificate full power of direction, neither the beneficiary nor her representatives acquire vested rights during the life of the holder.-Supreme Council American Legion of Honor v. Adams (N. H.) 380. Where the holder of a certificate in a benefit society has agreed to comply with the rules then in force, or that might be enacted, future enactments that are reasonable and within the laws of the society are binding.-Supreme Council American Legion of Honor v. Adams (N. H.) 380. sociation by widow of suspended member, held, In action against mutual benefit insurance asassociation was not liable.-Dunn v. Meminack County Odd Fellows Mut. Relief Ass'n (N. H.) 484. Member cannot defeat vested interest of beneficiary by surrendering old and taking out new certificate.-Locomotive Engineers' Mut. Life & Accident Ins. Ass'n v. Winterstein (N. J. Ch.) 199. By-law adopted after issuance of certificate, giving member power to change beneficiary, held not to be retroactive.-Locomotive Engineers' § 2. Regulations. In case of such change of old for new certificate, extent of vested right of beneficiary in old certificate is its value at time of change. Locomotive Engineers' Mut. Life & Accident Ins. Ass'n v. Winterstein (N. J. Ch.) 199. Certificate issued by beneficial association upon life of member in favor of third person, where neither the constitution nor by-laws of society nor certificate confer upon members power to change beneficiary, invests beneficiary with vested interest in certificate.--Locomotive Engineers' Mut. Life & Accident Ins. Ass'n v. Winterstein (N. J. Ch.) 199. In mutual benefit insurance, value of certificate is difference between amount payable upon death of member and amount of payments, with interest, which will be required to keep certificate alive during probable period of member's life.-Locomotive Engineers' Mut. Life & Accident Ins. Ass'n v. Winterstein (N. J. Ch.) 199. The laws of an association are a part of the contract made by a member accepting a certificate issued by it.-Newton v. Northern Mut. Relief Ass'n (R. I.) 690. Laws of association considered, and held not to authorize a double assessment for one death. -Newton v. Northern Mut. Relief Ass'n (R. I.) 690. INTENT. Laws 1898, p. 812, relating to sale of intoxicating liquors, held not to repeal the twelfth section of the Werts law.-State v. Ham (N. J. Sup.) 845. § 3. Criminal prosecutions. Under Code Pub. Loc. Laws, § 232, art. 13, as well as without such section, evidence that defendant, charged with violating local option law, had a United States license to sell liquor, is admissible.-Guy v. State (Md.) 997. Samples of handbills distributed by a pharmacist to advertise medicines are inadmissible in a prosecution against him for illegally keeping liquors for sale, where there is no offer to show that liquor was used in compounding said medicines.-State v. Hitchcock (N. H.) 296. In prosecution of pharmacist for illegal sale of liquors, samples of handbills distributed to advertise certain remedies are inadmissible in absence of proof that liquor was used in compounding them.-State v. Hitchcock (N. H.) 296. Evidence on trial of indictment for keeping liquor for sale on a certain day held to make it a question for the jury whether the liquor sold was that kept for sale on such day. State v. Wright (N. H.) 519. Certain statements of accused held admissible as declarations against interest on trial for illegal sale.-State v. Wright (N. H.) 519. Evidence that United States revenue stamps were on beer kegs in defendant's warehouse held competent to show that the kegs contained malt Fraudulent, see "Fraudulent Conveyances," § 1. liquor.-State v. Wright (N. H.) 519. See "Usury." INTEREST. Disqualification as witness, see "Witnesses," § 1. § 1. Rate. A promise to pay interest in excess of 6 per cent. per annum is not binding unless in writing. -Bunker v. Barron (Me.) 372. INTERLOCUTORY INJUNCTION. See "Injunction," § 2. INTERLOCUTORY JUDGMENT. Appealability, see "Appeal and Error," § 1. INTERPLEADER. § 1. Right to interpleader. Where there was a controversy between an original contractor and his partner and the contractor's assignee respecting the title to a balance due on a building contract, the owner was entitled to maintain a bill of interpleader against them.-Lapenta v. Lettieri (Conn.) 730. INTERROGATORIES. To jury, see "Trial," § 7. INTERSTATE COMMERCE. Regulation, see "Commerce." INTOXICATING LIQUORS. 1. Licenses and taxes. A petition for certiorari to a town council which has granted a license to sell liquors will Where indictment alleges illegal sale in one municipality, proof of such sale in another will not justify conviction.-State v. Ham (N. J. Sup.) 845. § 4. Abatement and injunction. Evidence in proceeding to abate liquor nuisance held competent.-State v. Collins (N. H.) 495. Evidence in proceedings to enjoin the sale of intoxicating liquors on petition of 20 voters held to present issues for jury.-State v. Collins (N. H.) 495. In proceeding for abatement of liquor nuisance, testimony by witness that he had received blank application for United States liquor license from official, explaining certain abbreviations used by bureau, is competent to explain corresponding abbreviations found in record of revenue collector.-State v. Collins (N. H.) 495. Under Pub. St. c. 205, §§ 4, 5, petition for injunction is civil proceeding, and issues thereunder are to be determined by preponderance of evidence.-State v. Collins (N. H.) 495. § 5. Civil damage laws. On the facts, held, that the sale of liquor to an intoxicated person was not the proximate cause of his death, so as to render the liquor seller liable under the civil damage act.-Roach v. Kelly (Pa.) 1090. See "Patents." INVENTION. ISSUES. Presented for review on appeal, see "Appeal and JOINT TENANCY. be dismissed if petitioner does not own the See "Tenancy in Common," § 1. greater part of the land within 200 feet of the building for which the license was granted.— Rhode Island Soc. for Encouragement of Domestic Industry v. Town Council of Cranston (R. I.) 223. JUDGES. See "Courts," § 1; "Justices of the Peace." JUDGMENT. Decisions of courts in general, see "Courts," § 2. Review, see "Appeal and Error"; "Review." § 1. By default. Application to set aside default judgment against corporation, on ground that officers and directors fraudulently permitted excessive judgment, will be denied; the remedy being in equity.Woodward v. Arlington Mills Mfg. Co. (Del. Super.) 620. Where plea is bad, and demurrer is improperly overruled, judgment by default cannot be rendered for failure of plaintiff to reply.-Henderson v. Maryland Home Fire Ins. Co. (Md.) 1020. Town held entitled to judgment by default against tax collectors who made no defense, though the taxes were determined to belong to a their own names, applies to judgments_previously recorded.-Clark v. Willet (N. J. Err. & App.) 515. § 8. Actions on judgments. In an action of debt on judgment, testimony of clerk of the court is competent to identify alias execution.-Bellows v. Sowles (Vt.) 68. Declaration in debt on judgment stating that judgment remains in full force and unsatisfied in part, to wit, for a certain sum, sufficiently alleges that judgment is unsatisfied.-Bellows v. Sowles (Vt.) 68. Where defendant claimed judgment had been satisfied by agreement between him and plainments of which defendant had notice, by which tiff of record, it was competent to show assignothers became the real plaintiffs in interest.--Bellows v. Sowles (Vt.) 68. JUDICIAL NOTICE. city interpleading in an action.-Town of Gil- In civil actions, see "Evidence," § 1. ford v. Munsey (N. H.) 536. § 2. On trial of issues. Where there is doubt as to sufficiency of affidavit of defense, on motion for judgment not JUDICIAL SALES. withstanding, judgment will not be given at first On execution, see "Execution," § 5. term.-Collins v. Hanson (Del. Super.) 624. § 3. Opening or vacating. Motion to vacate judgment held properly denied.-Burley v. Filby (Pa.) 453. § 4. Collateral attack. A judgment in personam in a state without personal service, in violation of Const. U. S. Amend. art. 14, as deprivation of property without due process of law, may be collaterally attacked in such courts in an action thereon.Elmendorf v. Elmendorf (N. J. Ch.) 164. § 5. Merger and bar of causes of action and defenses. Judgment against plaintiff, declaring that deed could not be varied by parol in action involving lands to which he claimed legal title, is not bar to suit in equity for reformation of deed on ground that defendant bought land with notice of plaintiff's equity. Botsford v. Wallace (Conn.) 10. Fraudulent concealment of a subsequent injury in an action for former injury, and recovery for both, held not to prevent recovery for the second injury.-Post v. Hartford St. Ry. Co. (Conn.) 547. Judgment in an action to recover damages for unlawful discharge from employment held a bar to a second suit for the same purpose.-Alie V. Nadeau (Me.) 891. § 6. Conclusiveness of adjudication. Allowance of a claim and decree of distribution in insolvency held not conclusive, as against a creditor of a claimant in such proceedings. Stillings v. Haley (N. H.) 701. JURISDICTION. Amount in controversy, see "Appeal and Erro Of divorce proceedings, see "Divorce," § 1. justices' courts in civil cases, see "Justic of the Peace," § 1. particular courts, see "Courts," § 1. JURY. Custody and conduct, see "Trial," § 6. Instructions in civil actions, see "Trial," § 5. timore city jurisdiction over cases of assault and Gen. Laws, c. 47, § 6, providing imprisonment as a remedy for collection of poll tax, does not violate Const. art. 1, §§ 11, 15, relating to the imprisonment of debtors, and jury trials.-In re Delinquent Poll Tax (R. I.) 805. A debtor, arrested on an execution against his person, held not entitled to trial by jury of the issues raised by the affidavit, under Const. U. S. Amend. 5, declaring that no person shall be deprived of his liberty without due process of law. A decree construing a document is binding on all the world, though persons having an interest in the question were not before the court.--Shaw v. Silverstein (R. I.) 931. Rutherford Land & Improvement Co. v. Sanntrock (N. J. Ch.) 938. Matter is not res adjudicata unless there be identity of thing sued for, of cause of action, of persons and parties, of quality of person for and against whom claim is made, and judgment is so in point as to control issue in second action. Mershon v. Williams (N. J. Sup.) 211. A debtor, arrested under Pub. Laws 1870, c. 860, held not entitled to a jury trial of the issues arising from the affidavit, by Const. art. 1, § 15, declaring that the right of trial by jury shall remain inviolate.-Shaw v. Silverstein (R. I.) 931. § 2. Competency of jurors, challenges, and objections. Plea of former judgment only works estoppel Court is not bound to interrogate jurors as to as to matter capable of being controverted be- their associations with counsel for either party. tween parties at time of former action.-Mer--French v. Town of Waterbury (Conn.) 740. shon v. Williams (N. J. Sup.) 211. 7. Assignment. Amendment to Practice Act, March 4, 1890, authorizing assignees of judgments to sue in 44 A.-72 Motion to quash venire for mistakes in names of jurors held too late after arraignment and plea of not guilty.-Commonwealth v. Cressinger (Pa.) 433. § 1. JUSTICES OF THE PEACE. Civil jurisdiction and authority. Under Pub. St. c. 224, §§ 3-7, a justice is not liable in civil action for imprisonment of witness who failed to appear and sign deposition at time to which proceeding was adjourned, though his fees for such further attendance were not paid.-Robertson v. Hale (N. H.) 695. Under V. S. § 1040, justice has jurisdiction of action to recover balance due on judgment where amount claimed is less than $200, though original judgment exceeded $200.-Page v. Warner (Vt.) 67. § 2. Procedure in civil cases. Justice cannot adjourn cause after its trial has begun and all of plaintiff's witnesses have been examined and plaintiff's case rested, if objected to, and if he does all subsequent proceedings are void.-Parker v. Mercantile Safe-Deposit Co. (N. J. Sup.) 199. § 3. Review of proceedings. Judgment entered by a justice, at a time to which cause was improperly adjourned, against defendant's objection, after plaintiff had rested his case, may be reviewed by appeal to common pleas, or on certiorari in supreme court.-Parker v. Mercantile Safe-Deposit Co. (N. J. Sup.) 199. Implied covenant for quiet enjoyment does not arise from use of words "to let" and "to lease." Words "demise" or "grant," or words of like import, must be used in lease.-Mershon v. Williams (N. J. Sup.) 211. Where a subsequent lease refers to a former one, an assignee of the subsequent lessee will be held to have taken with notice of the prior lease.-Aye v. Philadelphia Co. (Pa.) 555. § 2. Terms for years. the partitions removed by tenant, and restoring the building to the same condition as when leased. Willoughby v. Atkinson Furnishing Co. (Me.) 612. Landlord is not liable for sickness caused by faulty condition of drainage, where there was no agreement to keep it in repair, nor concealment or misrepresentation of condition which induced tenant to take premises.-Towne v. Thompson (N. H.) 492. 8 4. Rent and advances. hold interest held to obligate grantee to pay the A provision in a deed of a portion of a leasefull amount due under the original lease, and not merely a pro rata portion for the land held by him.-Woodruff v. Baldwin (Conn.) 748. constitute a waiver of the forfeiture, where the Acceptance of rent after forfeiture does not rent accepted accrued prior thereto.-Morrison v. Smith (Md.) 1031. Certain evidence held admissible to show waiver of forfeiture by default in interest.-Morrison v. Smith (Md.) 1031. An affidavit of defense in an action for rent, setting up an appropriation of part of the demised premises for public use, held sufficient. Uhler v. Cowan (Pa.) 42. A lease which by its terms gives a lien on tenant's furniture as security for the rent held to create an equitable lien, and not a pledge.-Potter v. Greenleaf (R. I.) 718. Attachment for rent held a bar to action to enforce equitable lien.-Potter v. Greenleaf (R. I.) 718. Where landlord, to whom a lease by its terms gives a lien on furniture for the rent, sues for rent and attaches household goods, he waives lien.-Potter v. Greenleaf (R. I.) 718. Where property is leased with knowledge on lessor's part that lessees intend to use it for illegal purposes, and it is so used to his knowledge, he cannot recover on bond for rent.Mound v. Barker (Vt.) 346. § 5. Re-entry and recovery of possession by landlord. Whether or not a lessee has abandoned his lease, so as to entitle the lessor to a re-entry. is for the jury.-Aye v. Philadelphia Co. (Pa.) 555. Defendant, in an action by a landlord to recover possession on the ground of expiration of the term, relying for a defense on an oral agreement to extend the lease, has the burden of proving that both parties understood_such agreement was being made. - Lutz v. Wainwright (Pa.) 565. LAW OF THE ROAD. See "Highways," § 2. LEASES. Lease construed, and held a present demise to take effect in the future at the option of the lessee, and that the notice by the tenant, with continuation of possession, was sufficient to con- See "Landlord and Tenant." tinue the tenancy for the period named.-Willoughby v. Atkinson Furnishing Co. (Me.) 612. Where land is conveyed by warranty deed, and See "Wills." grantee leases premises to grantor with right to purchase, assignment of such lease by lessee is sufficient to vest all his title to premises in assignee.-Sowles v. Butler (Vt.) 355. § 3. Premises, and enjoyment and use thereof. Lease construed, and held, the landlord could not recover expense of placing an elevator in the building and removing the same.-Willoughby v. Atkinson Furnishing Co. (Me.) 612. Lease construed, and held. in action by landlord against tenant for breach of covenants, that the measure of damages is the cost of replacing LEGACIES. LEGACY TAX. See "Taxation," § 8. LIBEL AND SLANDER. § 1. Words and acts actionable, and liability therefor. Publication is communicating defamatory matter to another, whether privately to the injured party or to others, with intent to injure person libeled or to do more extensive mischief.-State v. Shaffner (Del. Gen. Sess.) 620. $ 2. Actions. LIMITATION OF ACTIONS. Under the general issue it may be shown that alleged libelous matter was privileged.-Ander- See "Adverse Possession." son v. Cowles (Conn.) 477. Where in action for libel defense of probable cause is not clearly established by competent evidence, it is error to withdraw case from jury and enter a verdict for defendant.-Bryant v. Pittsburg Times (Pa.) 251. In action for slander, held, meaning of words spoken, as found by jury, affected plaintiff in his profession at time they were spoken, and recovery could be had.-Crane v. Darling (Vt.) 359. Understanding by hearers of slanderous words jury to consider in determining that question.Crane v. Darling (Vt.) 359. held not conclusive of their meaning, but for In action for slander, held noncompliance with offer to prove certain facts was not shown.--Crane v. Darling (Vt.) 359. In action for slander, held, instruction given was substantial compliance with one requested, and that party could not afterwards complain that testimony did not warrant it.-Crane v. Darling (Vt.) 359. In action for slander, instruction as to circulation by others of slander held not to make such circulation an additional ground of recovery.Crane v. Darling (Vt.) 359. § 3. Criminal responsibility. Malice is presumed, in criminal libel, when the injured party is accused of aiding or abetting in fraudulent alteration of election returns. -State v. Shaffner (Del. Gen. Sess.) 620. Foreclosure, see "Mortgages," § 9. § 1. Computation of period of limita tion. The one whose right of entry is referred to in Act April 22, 1856 (P. L. p. 532) § 1, is that of the person under disability.-Boyd v. Weber (Pa.) 1078. Where a deed is voidable for insanity of the grantor, a right of action to avoid it accrues to such grantor immediately, which right, and that 30 years by Act April 22, 1856 (P. L. p. 532) of the persons claiming under her, is barred after 8 1.-Boyd v. Weber (Pa.) 1078. § 2. Acknowledgment, new promise, and part payment. Evidence held to show implied admission of a subsisting debt, arising on implied promise to pay-Beeler v. Clarke (Md.) 1038. Defense of suit by husband's administrator in action against bank by wife's administrator to recover money paid by mistake to husband held not a new promise to reimburse bank.Strafford Sav. Bank v. Church (N. H.) 105. Payment by grantee of mortgagor of interest on mortgage held an acknowledgment tolling the statute.-Colton v. Depew (N. J. Ch.) 662. In a proceeding for the distribution of the assets of a corporation, claims recognized by the company as subsisting obligations held not affected by limitations.-Hoover Mercantile Co. v. Evans Min. Co. (Pa.) 277. Criminal libel defined.-State v. Shaffner (Del. § 3. Pleading, evidence, and province Gen. Sess.) 620. Malice is of the essence of criminal State v. Shaffner (Del. Gen. Sess.) 620. of court and jury. libel.-istrator, held sufficient, where it appears that, Plea of limitations, in action against admin In trial of criminal libel, the accused is entitled to benefit of reasonable doubt.-State v. Shaffner (Del. Gen. Sess.) 620. LICENSES. For sale of intoxicating liquors, see "Intoxicating Liquors," § 1. Injuries to licensees, see "Railroads," § 4. $ 1. For occupations and privileges. License fee of $2, required of milk venders, held a reasonable compensation for expense of issuing license and making necessary inspection. of milk.-Blanke v. Board of Health of City of Hoboken (N. J. Sup.) 847. An ordinance authorized by legislative enactment, imposing license fees on various kinds of business, held not invalid because not embracing all.-Kolb v. Town of Boonton (N. J. Sup.) 873. § 2. In respect of real property. Agreement whereby a church was erected by several religious societies, one to have preference as to time of use, held not to render the use by the others a mere license revocable by the society having the preference.-Williams v. Concord Congregational Church (Pa.) 272. LIENS. Acquired by particular remedies or proceedings, see "Execution," § 2; "Taxation," § 5. Particular classes of liens, see "Attorney and Client," § 1; "Mechanics' Liens." landlord's lien for rent, see "Landlord and Tenant," § 4. mortgage, see "Mortgages," § 3. vendor's lien on lands sold, see "Vendor and Purchaser," § 4. A lien created by statute cannot be extended by estoppel.-Gile v. Atkins (Me.) 896. from accrual of cause of action to death of intestate, he lived in the same state as plaintiff.-Gibbons v. Heiskell (Md.) 996. LIVE STOCK. Injuries from operation of railroads, see "Railroads," § 4. LOCAL LAWS. See "Statutes," § 2. LOGS AND LOGGING. Where three persons work together, piling wood and lumber indiscriminately, with consent tained by them personally against the employof their employer, a joint action may be mainer, and in rem against the wood and the lumber. Ouelette v. Pluff (Me.) 616; Lapointe v. Same, Id. Where one performs labor in cutting wood and lumber, he may have a single in rem judgment against the wood and the lumber.-Ouelette v. Pluff (Me.) 616; Lapointe v. Same, Id. hauling logs held to sufficiently describe the logs A precept in an action to enforce a lien for to be attached, and broad enough to warrant the seizure of those attached thereunder.-Hopkins v. Rays (N. H.) 102. The lien given to one hauling logs for another, when the work is done under a general lumsame lot by different persons, is not confined to bering operation, and logs are hauled from the the particular logs drawn by the lien claimant, but may be enforced against any that can be identified as coming from the same lot.-Hopkins v. Rays (N. H.) 102. Sudden failure of water held sufficient to excuse nonperformance of contract for driving logs down stream.-Clarksville Land Co. v. Harriman (N. H.) 527. |