RECENT CASES. 245 employed in interstate commerce, a State tax on such proportion of the whole capi- tal stock of a foreign sleeping-car company as the number of miles over which its cars are operated within the State bears to the whole number of miles over which its cars are operated, is valid and constitutional, though such cars run into, through, and out of the State. Affirming 107 Pa. St. 156. Bradley, Field, and Harlan, J J., dissenting. Pullman Palace-Car Co. v. Commonwealth of Pennsylvania, 11 Sup. Ct. Rep. 876. Equity — Injunction — Attempt to Anticipate. — When, upon receiving notice of motion for an injunction to restrain him from building, the defendant im- mediately puts on a gang of extra men and builds forty feet before receiving notice that an ex parte interim injunction has been granted ; Held, that upon the motion coming on the court will immediately enjoin the defendant from allowing the wall to remain without awaiting the result of the trial. Daniel v. Ferguson, [1891] 2 Ch. 27. Equity — Liability of a Mortgagee in Possession. — When it appears that the mortgagee has been in possession, and he is called upon to account for the rents and profits, and he fails to do so, his mortgage will be declared satisfied. Morgan v. Morgan, 22 Atl. Rep. 545 (N. J.). Equity — Procedure — Abatement — Next Friend — Attaining Age. — A suit by minors by their next friend is not abated by the death of the next friend, nor by the attainment of their majority by the minors after suit brought. Tucker v. Wilson, 9 So. Rep. 898 (Miss.). Equity— Specific Performance of Contract. — The defendant was employed by the plaintiff as manager, and had contracted to give his whole time to the plaintiff's business. The plaintiff sought in this suit to have the defendant enjoined from en- tering into any business or forming any contract with a rival company which would prevent him from giving the whole of his time to the plaintiff. Injunction refused because there was no express negative promise, and the case distinguished from Lum- ley v. Wagner on this ground. It is a mistake to suppose that because a man has con- tracted to do a particular thing, he has impliedly agreed not to do any act inconsistent with the doing of the thing which he has promised to do. Whitwood Chemical Co. v. Hardman, [1891] 2 Ch. 416. Evidence — Confessions— Exclamations made in Sleep. — The prisoner was heard to make certain exclamations relative to the crime with which she was charged. They were made in the night, and the witness could not say whether she was asleep or not. Held, such evidence is admissible, and the jury must give it the weight they think it deserves. State v. Morgan, 13 S. E. Rep. 385 (W. Va.). Contra, 19 Cal. 40. Evidence — Deed Absolute in Form. — A conveyance absolute on its face, and not intended as a mortgage, cannot be shown to have been intended as a con- ditional sale, or a sale with a right to redeem. Peagler v. Stabler, 9 So. Rep. 157 (Ala.). International Law — Right of Alien. — An alien has no right to land upon British soil, and therefore has no cause of action against one who prevents him from landing. Musgrove v. Chun Teeong Toy, [1891] A. C. 272. Mortgages — Mortgagee's Right to Possession. — A chattel mortgage author- izing the mortgagee to take possession of the property whenever he deems himself insecure gives the mortgagee an absolute discretion in the matter, and his right to take possession does not depend on the fact that he has reasonable grounds to deem him- self insecure. Cline v. Libby, 49 N. W. Rep. 832 (Wis.). Mortgages — Mortgagee's Right to Possession. — A clause in a chattel mortgage providing that the mortgagee may, at any time he feels insecure, treat the debt as due, and take and sell the property, will not authorize the seizure and sale of the property unless the mortgagor is about to do, or has done, some act which tends to impair the security. J. I. Case Plow Works v. Marr, 49 N. W. Rep. 1 1 19 (Neb.). Negligence — Duty to Trespasser — Implied Invitation. — In an action for negligence, it appeared that plaintiff, an infant, was injured while playing on a turn-table belonging to defendant company, situated six hundred feet from the high- way. Held, that it was not error to direct a verdict for defendant ; the latter was under no duty, as towards a trespasser, to refrain from ordinary negligence in the management of its apparatus ; and the fact that the turn-table would naturally attract
