The Birmingham age-herald., 1904-09-25

details of the scheme. Is held. in state ex rel Sheets vs. Pittsburg, c. c. and St. l.. R. Co. (Ohio) GA L. R. A. 4O5, not to be contrary to public policy.
 The receipt from one joint tort feasor of sum in part satisfaction of the de- mand and his release from furtehr lia- bility, are held In Louisville and E. Mail Go. vs Barnes (ISy) 64 L. R. A. 54. not to operate to release the other from la- bility for the residue of the damages n- fiicted. a4lz
 Mental anguish and suffering are held. in Cowan vs. Western U. Telegraph Co. Iowa) 64 l.. R. A. 545, to be sufficient to sustain an action for breach of contract promptly to transmit and deliver a tel egram. | .4IAsA Trees which have been standing for forty years without impeding the travel on a public highway are held, in Frost 1 burg vs Wineland (Md) GA L. R. 627. ] not to be nuisances because they extend a few inches outside of the curb on a pro- 1 posed plan for the improvement of the 1 street, where the curb can be so arr ranged as to carry water flowing in the I gutter around them that 1t will not l interfere with the flow of the water or the improvement of the street in work l manlike manner.
 | A defendant in criminal case, com ing into the state to attend the trial. l both as a witness and in accordance with the obligations of his bail bond, is held. in Murray vs Wilcox Qowa) GA L. R. A. 534, to be exempt from service of pro- cess in civil action during the pendency of the proceedings, and for such reason- able time thereafter as is necessary for
 his return to the state of his residence.
 A statute providing that insurance
 policies shall not be avoided for the fasi-
 ty of representations or warranties, un-
 less made with intent to deceive, or lE-
 creasing the risk of loss, is held, in Con- tinental Fire Ins. Go. vs. Whitaker | (Tenn) 64 L.R. A. 451, to be within the police power; and 1t Is held to be imma- | terial that it applies only to policies is-t ], sued by old-line companies, and not to those issued on the assessment plan. 1 The incapacity of a mans administra- tor to receive the proceeds of q policy on his life, which had been assigned to his wife. because he wifully took her life, is held, in Lanier vs. Box (Tenn.) GA L. R. A. 45s. not to cause their escheat to the state but it is held that they will pass to her distributes as though the husband had never been in existence.
 Accidental death of an assured. result ing from taking poison to frighten his I wife into giving him money. Is held, in Courtemanche vs. Supreme court I. O. F. (Mich) 64 L. R. A. 668. not to be within the provision of the policy that it does not include assurance agained | self destruction or suicide.
 Under a lease providing that the tenant must return the premises in as good con- dition as received, except where damaged by fire etc, 1t Is held. in Boardman vs. l Howard (Minn.) 64 l.. R. A. 64s. that this condition forbids the tenant to leave
 thereon his own dstinguishable property.
 which had been injured and made worth
 less by a fire, where the tenancy had
 been terminated by agreement or parties.
 The tenants duty to leave the premises
 in good condition Is discussed in note to this case.