sion of State court; Baker v. Daily, 6 Neb. 471, holding that marshal waived his right to possession by failure to plead his authority.

Where law requires absolutely a ministerial act to be done by public officer, and he neglects or refuses to do such act, he may be compelled to respond in damages to extent of injury arising from his conduct.

Approved in State v. Title Guaranty etc. Co., 27 Ida. 768, 152 Pac. 194, holding surety on bond of bank examiner liable to depositors for negligence in inspecting bank; Lougee v. Reed, 133 Iowa, 51, 110 N. W. 166, holding limitation of time for action against officer for failure to enter judgment expires in three years, whether mistake was discovered or not; Hupe v. Sommer, 88 Kan. 566, 42 L. R. A. (N. S.) 565, 129 Pac. 138, holding damages allowable against public officer for delay in payment on public contract; Howley v. Scott, 123 Minn. 163, 51 L. R. A. (N. S.) 137, 143 N. W. 259, holding failure of county auditor to stamp "sold for taxes" opposite description of property, rendered him liable in damages to owner of property on sale; Smith v. Zimmer, 45 Mont. 298, 125 Pac. 424, holding county commissioners liable for injury sustained on defective public highway; People v. Smith, 123 Cal. 74, 55 Pac. 767, holding sureties of assessor liable for failure of latter to collect certain taxes; Raynsford v. Phelps, 43 Mich. 345, 38 Am. Rep. 190, 5 N. W. 403, holding tax collector liable for injury resulting from false return; Knox Co. v. Hunolt, 110 Mo. 75, 19 S. W. 630, holding county judges liable for misapplication of school funds to other county purposes; Merritt v. McNally, 14 Mont. 238, 36 Pac. 46, holding building inspector responsible for injuries resulting from neglect of duty; Mock v. Santa Rosa, 126 Cal. 344, 58 Pac. 830, holding judgment against official for wrongful act bound him personally; St. Joseph School Board v. Hull, 72 Mo. App. 407, holding county treasurer discharged where his tender of a certain amount was accepted; Talcott v. Pine Grove, 1 Flipp. 131, Fed. Cas. 13,735, municipal bond case; National Cash Register Co. v. Leland, 94 Fed. 509, 37 C. C. A. 372, involving corporate directors' liability; Louisville etc. R. R. Co. v. Tennessee, 8 Heisk. 788, arguendo.

Distinguished in Foster v. Malberg, 119 Minn. 171, Ann. Cas. 1914A, 1161, 41 L. R. A. (N. S.) 967, 137 N. W. 817, holding purchaser at tax sale put on his notice as to any invalidity in procedure; Smith v. Berryman, 173 Mo. App. 164, 156 S. W. 45, holding statute allowing damages to one suing out writ of mandamus could not allow damages on demurrer to petition; Stephenson v. Monmouth etc. Co., 84 Fed. 115, 28 C. C. A. 292, holding city not liable for mistake in taking bond not made as required by statute; Muscatine etc. R. R. Co. v. Horton, 38 Iowa, 47, holding county trustees, acting in quasi-judicial capacity, not liable for erroneous interpretation of law.

Judicial and ministerial acts.
Liability of public officers to
to perform public duties.
Mistake as to his duty and honest intentions will not excuse public

Note, 79 Am. Dec. 473, 476.
action by private individual for failure
Note, 90 Am. Dec. 730, 731.

officer.

Approved in State v. McClellan, 113 Tenn. 622, 85 S. W. 269, register of deeds is liable on bond for failure to correctly register conveyance; Beardslee v. Dolge, 143 N. Y. 165, 42 Am. St. Rep. 710, 38 N. E. 207, action against highway commissioner for false return to a writ of certiorari.

11 Wall. 139, 20 L. Ed. 102, FARR v. THOMPSON.

Not cited.

11 Wall. 139-164, 20 L. Ed. 102, SMITH v. SAC COUNTY.

Where lower court, without jury, made special findings of fact on which it held law to be for defendant, the question on appeal is whether judgment is justified by facts found.

Approved in Press v. Davis, 54 Fed. 268, 4 C. C. A. 318, affirming judgment of lower court where proper objection to judgment was not made.

Circumstances, such as fraud or illegality, may be shown in connection with origin of negotiable paper which will devolve upon holder burden of showing that he gave value for it before maturity.

Approved in United States v. Norris, 222 Fed. 18, 137 C. C. A. 552, holding grantee of patent lands must show ignorance of fraud in obtaining original patent; Young v. Lowery, 192 Fed. 828, 113 C. C. A. 149, allowing recovery by indorsee of note where shown he was ignorant of gambling consideration; Amalgamated Sugar Co. v. United States Nat. Bank, 187 Fed. 749, 109 C. C. A. 494, holding bank taking note for collection in favor of another bank is an indorsee in due course; In re Hill, 187 Fed. 217, holding holder of note given for gambling debt must show he had no knowledge of consideration; Erie R. Co. v. Schomer, 171 Fed. 802, 96 C. C. A. 458, discussing question of presumption of negligence; In re Hoppe-Morgan Co., 154 Fed. 261, holding indorsee of accommodation note may sue maker, if taken before maturity; Toledo etc. R. R. Co. v. Star etc. Mills Co., 146 Fed. 959, 77 C. C. A. 203, determining degree of proof required of railroad in action under Ohio statute making fact of fire caused by locomotive sparks prima facie negligence; Gamble v. Rural Ind. School Dist., 132 Fed. 521, one receiving school bond from prior holder for legal services rendered to full value of bond is bona fide

holder where bond not due and contained nothing on face to show illegality; Gibbs v. Farmers' etc. Bank, 123 Iowa, 742, 99 N. W. 706, in action to recover overpayments on note where indorsements show such overpayments, burden is on plaintiff throughout case; Klunk v. Hocking Valley Ry. Co., 74 Ohio St. 134, 77 N. E. 754, applying rule in action by fireman for personal injuries received in consequence of defect in water gauge attached to his locomotive; Hudson v. Moon, 42 Utah, 383, 130 Pac. 777, refusing recovery on note given in stock manipulations; Stewart v. Lansing, 104 U. S. 510, 26 L. Ed. 868, and Lansing v. Lytle, 38 Fed. 207, where holder of illegal bonds was held to have insufficient evidence to prove consideration; King v. Doane, 139 U. S. 173, 35 L. Ed. 87, 11 Sup. Ct. 467, holding bona fide holder for value entitled to recover on note originally obtained by fraud; Bailey v. Lansing, 13 Blatchf. 427, Fed. Cas. 738, where plaintiff failed to show how he acquired title to coupons illegally issued; National Exch. Bank v. White, 30 Fed. 415, where proof was uncontradicted that plaintiff was bona fide holder for value of securities fraudulently negotiated; Simmons v. Taylor, 38 Fed. 686, holding certain holder of bonds, purchased after maturity, entitled to recover, others not; Louisville etc. R. R. Co. v. Ohio Valley Imp. etc. Co., 57 Fed. 44, holding, in action to cancel bonds for illegality, burden is on defendant to show that he is bona fide holder for value; Louisville Trust Co. v. Louisville etc. R. R. Co., 75 Fed. 469, 22 C. C. A. 378, holding transferee of bonds bound to show want of notice and good faith as to defect in guaranty of bonds; Woodward v. Rogers, 31 Iowa, 343, and Carrier v. Cameron, 31 Mich. 379, 18 Am. Rep. 197, holding error to exclude evidence offered by defendant to establish fraud by payee; Rock Island etc. Bank v. Nelson, 41 Iowa, 565, holding indorser of note given for intoxicating liquors in violation. of law compelled to show that he was bona fide purchaser for value; Light v. West, 42 Iowa, 141, holding assignee of tax certificate tainted with fraud bound to show good faith; Union etc. Bank v. Barber, 56 Iowa, 562, 9 N. W. 892, applying rule where note was wrongfully indorsed and delivered; Hamilton v. Marks, 63 Mo. 179, holding instruction embodying above rule correct; Cannon v. Moore, 17 Mo. App. 102, holding there was sufficient evidence of consideration by holder to warrant jury's verdict; Thamling v. Duffey, 14 Mont. 576, 43 Am. St. Rep. 663, 37 Pac. 365, holding plaintiff should plead bona fides where defendant set up plea of fraud in the inception of note; Vosburgh v. Diefendorf, 119 N. Y. 366, 16 Am. St. Rep. 840, 23 N. E. 802, holding bona fides of holder should have been proved and question left to jury; Rische v. Planters' Nat. Bank, 84 Tex. 420, 19 S. W. 611, holding exceptions to answer, setting up fraud in inception of note, improperly sustained; Jamison v. Independent School Dist., 90 Fed. 389, applying rule to

transferee of school bonds; Dallas County v. MacKenzie, 94 U. S. 663, 24 L. Ed. 183, holding plaintiff erred in demurring to answer denying that county ever exercised its power to issue bonds; Gutwillig v. Stumes, 47 Wis. 432, 2 N. W. 778, holding that agreement to compromise between original parties without disclosing fact of negotiation of note was not such fraud as to cast burden upon innocent purchaser; Collins v. Gilbert, 94 U. S. 759, 24 L. Ed. 172, applying presumption that bona fide holder of note became the holder of it for value; Allemania Fire Ins. Co. v. McLeod, 4 Mo. App. 440, holding indorsee taking note for prior indebtedness and promise to forbear a purchaser for value; Turley v. Bartlett, 10 Heisk. 225, holding question of fraud in procurement of note open as between payer and payees; Supervisors v. Randolph, 89 Va. 620, 16 S. E. 724, holding railroad bonds valid and particularly in hands of bona fide purchaser.

Distinguished in Pana v. Bowler, 107 U. S. 542, 27 L. Ed. 429, 2 Sup. Ct. 715, holding irregularity in election not such an illegality as to cast burden of proving consideration upon holder of coupons; Rahm v. King Wrought Iron Bridge Manufactory, 16 Kan. 533, holding rule did not apply to notes not fraudulently issued though without consideration; dissenting opinion in Simons v. Fisher, 55 Fed. 910, 20 L. R. A. 557, 5 C. C. A. 311, majority holding that bank, through fraud of its president, did not become purchaser for value.

Note, 90 Am. Dec. 695. Note, 98 Am. Dec. 685.

Negotiable instruments. Note, 11 Am. St. Rep. 324.
Bona fide holder of commercial paper.
Municipal bonds and defenses thereto.
Burden of proof in action on negotiable instrument by purchaser.
Note, 17 L. R. A. 328.

Finding that one became holder by transfer before maturity does not imply that he was purchaser for value.

Approved in McKnight v. Parsons, 136 Iowa, 396, 125 Am. St. Rep. 265, 15 Ann. Cas. 665, 22 L. R. A. (N. S.) 718, 113 N. W. 861, holding bank cashier's want of notice does not negative notice of invalidity on part of other officers; United Water Works Co. v. Farmers Loan etc. Co., 11 Colo. App. 240, 53 Pac. 517, holding, under circumstances of case, that transfer of bonds without agreement was not a sale but a payment.

Plaintiff, holder of county bonds found to have been illegally signed and issued without consideration, is not more entitled to recover against county than original holder, without proof of consideration.

Approved in Edwards v. Bates Co., 117 Fed. 528, holding purchaser after maturity must prove title through holder before maturity without notice of invalidity.

Coupons attached as interest warrants to municipal bonds are negotiable instruments, subject to same rules and regulations.

Approved in Indiana etc. R. R. Co. v. Sprague, 103 U. S. 763, 26 L. Ed. 557, holding that past-due unpaid coupon did not make bonds dishonored paper; McKim v. King, 58 Md. 504, 42 Am. Rep. 341, holding transferee of coupons delivered after maturity could acquire no better title than transferrer.

When corporation has power to issue negotiable securities, a bona fide holder has right to presume that they were issued under requisite authority, and they cannot be impeached in his hands for any infirmity.

Questioned in Green v. Dyersburg, 2 Flipp. 492, Fed. Cas. 5756, holding power of municipal corporation to subscribe for stock did not imply power to pay for it in negotiable bonds, and bona fide holder not protected.

11 Wall. 164-171, 20 L. Ed. 127, THE SAPPHIRE.

Foreign sovereign, who has demand of civil nature against any person in United States, may prosecute it in courts of the latter.

Approved in Colombia v. Cauca Co., 190 U. S. 525, 47 L. Ed. 1162, 23 Sup. Ct. 705, allowing appeal by Republic of Columbia to set aside award under a submission; Wisconsin v. Pelican Ins. Co., 127 U. S. 290, 32 L. Ed. 243, 8 Sup. Ct. 1374, holding Supreme Court could not entertain original action by State against corporation of another State to enforce penal liability.

The reigning sovereign of France is but the agent of the national sovereignty, and his successor is competent to carry on suit already commenced in our courts.

Approved in Camanche County v. Lewis, 133 U. S. 205, 33 L. Ed. 607, 10 Sup. Ct. 289, holding county liable for debts contracted under a previous and entirely different organization.

Substitution of names is a formal matter and can be made by the court under its power to regulate forms of proceeding.

Approved in Devereaux v. Brownsville, 29 Fed. 750, holding suggestion of fact of change of name in town sufficient to meet requirements of procedure.

Distance of two hundred fifty yards is a good and sufficient berth for a vessel in the harbor of San Francisco.

Approved in The John H. Starin, 122 Fed. 238, 58 C. C. A. 600, holding schooner at fault, anchoring in center of channel eight hundred feet wide, without light; The Mary Fraser, 26 Fed. 873, holding that vessel anchoring eight hundred yards from another in New York harbor not guilty of taking foul berth.