The Extra Annotation here following is arranged in the order of the cases in the original reporter's volume which precede it. At the upper outside corner of the page is given the volume and pages of the cases to which the Annotation refers. After the official reporter's volume and page in the heading of each case is given book and page of the present edition, the abbreviation L being used for Lawyers Edition, or Law. Ed. for brevity, as it is throughout in the duplicate citations of cases from the Supreme Court. ABBREVIATIONS. F. C. appended to a citation from the regular reports of the U. S. Circuit and Distaret Courts refers to the series of reprints called the Federal Cases and gives, as its publishers do and recommend, the number of the case in that series. Fed. Cas. is used when the case is contained in the series of Federal Cases but is not reported in the regular series of U. S. Circuit and District Court Reports, and the citations of such cases is to the volume and page of Fed. Cas., not to the number of the case. Fed. or Fed. Rep. refers to the well known series Federal Reporter, containing reports of the Circuit and District Court decisions since 1880. L. R. A. will be readily recognized as the abbreviation for the Lawyers Reports Annotated, and particular attention should be given to these citations, as in a large proportion of cases the citing case will be found accompanied by a note on its principal point absolutely exhaustive of the authorities thereon. Am. Dec., Am. Rep. and Am. St. Rep. will be readily recognized as the abbreviations for the well known trinity of selected case reports, The American Decisions, American Reports and American State Reports. Pennsylvania State Reports (Pa. St.) The New Jersey Law Reports (N. J. L.) and Equity Reports (N. J. Eq.) are distinguished by the number of the series, not by the name of the reporter, while the North and South Carolina Reports, Law and Equity, are cited by the name of the reporter where the reports are so titled and it has been the universal custom. Duplicate citations are given to the National Reporter System where cases are therein contained, and to the Reporter System alone of cases not, at the date of the preparation of the annotation, officially reported. The usual abbreviations are used, as follows: Atl. Atlantic Reporter, Pac. Pacific Reporter, N. E. Northeastern Reporter, N. W. Northwestern Reporter, So. Southern Reporter, S. W. Southwestern Reporter, S. Ct. Supreme Court Reporter. We think that in all other respects the abbreviations used are clear and familiar to all who are accustomed to the use of legal reports and text-books. U. S. Notes 15 Wallace, 21 L. ed. 260-114 p. EDITOR. ANN XV WALLACE. 15 Wall. 1-3, 21 L. 113, PORTLAND CO. v. UNITED STATES. Courts.- Appellant's brief not being filed in form prescribed by Supreme Court rules, the appeal was dismissed, p. 2. Cited in Southern Express Co. v. Van Meter, 17 Fla. 796, holding under rule of court, counsel failing to embrace assignments of error in brief, waives their consideration. 15 Wall. 3-7, 21 L. 118, RAILROADS v. RICHMOND. Courts.- Where record shows that defendants in State court set up defense that contracts sued on were void under Constitution and acts of Congress, and that State court denied the claim, Supreme Court has jurisdiction, p. 7. Cited and rule followed in Higgins v. Rinker, 47 Tex. 390, holding State law providing for tax on sale of intoxicating liquors, not including wines or beer manufactured in State, violates the Federal Constitution. Distinguished in Conde v. York, 168 U. S. 648, 42 L. 613, 18 S. Ct. 236, where no right or title was specially claimed under the Constitution or laws of the United States, statute being only collaterally involved. 15 Wall. 8-9, 21 L. 118, RAILROAD v. JOHNSON. Appeal and error.- Where trustees of railroad, joined as defendants in suit of foreclosure, did not join in appeal to State appellate court, writ of error from Supreme Court was properly brought in name of railroad company alone, p. 9. Cited and holding approved in Mercantile Trust Co. v. Kanawha & Ohio Ry., 58 Fed. 13, 16 U. S. App. 37, holding railroad practically defunct by reason of decree of foreclosure and sale, and having no interest in suit, need not be made party to appeal; Guar antee Trust Co. v. Buddington, 23 Fla. 518, 2 So. 887, holding it is unnecessary to cite as appellants parties whose interests will in no manner be affected by decree. 15 Wall. 9-28, 21 L. 73, DEXTER v. HALL. Deeds. In England, to constitute unsoundness of mind, sufficient to avoid a deed, person must be incapable of understanding and acting in ordinary affairs of life, p. 24. 842 Cited and rule adopted in Edwards v. Davenport, 4 McCrary, 38, 20 Fed. 758, holding mortgage void where mortgagor was of such weak and feeble mind as to be unable to comprehend nature of act.. Infants.-The power of attorney of an infant is void, p. 26. Cited and principle applied in Turner v. Bondalier, 31 Mo. App 585, 586, holding infant cannot appoint agent to make affidavit to his statement in replevin without the interposition of next friend or guardian; Dellinger v. Foltz, 93 Va. 734, 25 S. E. 1000, deed of guardian, conveying real estate of infant ward, is void on its face. See 7 Am. Dec. 234, note, and 18 Am. St. Rep. 629, note. Insane persons.- Power of attorney of insane person, or one of unsound mind, is absolutely void, p. 26. Cited and holding approved in Edwards ▼. Davenport, 4 McCrary, 41, 42, 43, 20 Fed. 761, 762, holding where person signing mortgage and bonds was at the time of such weak and feeble mind as to be unable to comprehend nature of act, instruments were void; AngloCalifornian Bank v. Ames, 27 Fed. 728, indorsement of certificate of deposit by an insane person gives no title to innocent purchaser; German Savings & Loan Soc. v. De Lashmutt, 67 Fed. 400, purchaser from grantee of insane grantor takes no title; Elder v. Schumacher, 18 Colo. 440, 33 Pac. 178, mental incapacity of grantor may be relied upon as a defense to ejectment suit; American Trust & Banking Co. v. Boone, 102 Ga. 205, 66 Am. St. Rep. 170, 29 S. E. 184. 40 L. R. A. 252, bank will not be protected in paying check drawn by an insane person; Rannells v. Gerner, 80 Mo. 483, where husband was insane at time of signing joint deed, the dower rights of wife were not thereby released; Farley v. Parker, 6 Or. 111, 25 Am. Rep. 505, deed may be impeached by evidence that grantor was insane at time of its execution. Approved in Parkhurst v. Horsford, 10 Sawy. 410, 21 Fed. 832, arguendo, where evidence was not sufficient to establish insanity; Parker v. Marco, 76 Fed. 512, to the same point. Cited in 4 Sawy. 687, note, F. C. 5,949, 15 Am. Dec. 365, note, and 21 Am. Rep. 33, note. Denied in Gribben v. Maxwell, 34 Kan. 12, 55 Am. Rep. 236, 7 Pac. 587, holding purchase made in good faith for a fair consideration, without knowledge of grantor's insanity, cannot be avoided unless offer has been made to return consideration; Riley v. Carter, 76 Md. 594, 35 Am. St. Rep. 446, 25 Atl. 668, 19 L. R. A. 494, and n., deed of trust, for benefit of creditors, executed by a lunatic, is not vold, but voidable only; McAnaw v. Tiffin, 143 Mo. 678, 45 S. W. 658, by weight of modern authority, deed of insane person, made before inquest, is not void, but voidable only; Eaton v. Eaton, 37 N. J. L. 117, 18 Am. Rep. 720, to same point. Evidence. Expert may give his opinion, as to sanity or insanity of a person, founded upon facts established by evidence or upon a similar case hypothetically stated, but he will not be permitted to determine for himself what the facts are as established by the evidence, and base his opinion upon them, pp. 26, 27. Cited and principle applied in Page v. State, 61 Ala. 18, holding medical expert might give his opinion as to result of wound or cause of death, upon facts proved at trial; Reed v. State, 62 Miss. 409, question, "What is your opinion, based upon the testimony adduced at this trial, as to the sanity or insanity of the defendant?" is objectionable; Yardley v. Cuthbertson, 108 Pa. St. 449, 56 Am. Rep. 219, 1 Atl. 772, an expert may be asked to express an opinion upon a definite portion of testimony assumed to be true, if first made acquainted with whole testimony involved; Aultman Co. v. Ferguson, 8 S. Dak. 464, 66 N. W. 1083, a witness who had never seen engine in dispute, incompetent to testify as to its value from testimony of other witnesses as to its condition; Zoldoske v. State, 82 Wis. 607, 52 N. W. 787, hypothetical question stating essential facts might be asked of expert witness. Denied in Kelley v. Richardson, 69 Mich. 459, 37 N. W. 527, where opinion of expert as to value of an attorney's services was admitted. Ejectment.-In California, plaintiff in ejectment, who has estab lished legal title in himself, is presumed to have had actual possession within preceding five years, unless adverse possession be proved, pp. 27, 28. No citations. 15 Wall. 29-34, 21 L. 80, THE JOHN GRIFFIN. Customs duties. Where government has made out clear prima facie case against vessel for violation of revenue laws, onus probandi is on claimant; in absence of rebutting evidence, vessel condemned, p. 33. Approved in United States v. Three Thousand Eight Hundred and Eighty Boxes, 8 Sawy. 133, 12 Fed. 404, holding claimant of seized opium must explain away prima facie case of government. 15 Wall. 34-36, 21 L. 106, UNITED STATES v. KELLY. Bounties.- Deserter restored to duty by departmental commander, upon conditions which were complied with, held entitled to bounty money after receiving an honorable discharge, p. 36. Distinguished in United States v. Landers, 92 U. S. 78, 23 L. 604, holding an honorable discharge does not restore pay and allowances forfeited for desertion. 15 Wall. 36-51, 21 L. 107, SMOOT'S CASE United States.- Appeals to the magnanimity and generosity of the government are properly addressed to Congress, and will not be considered by the courts in construing government contracts, p. 45. ANN |