on in the argument of the motion. During the argument the complainant's counsel, inasmuch as they might have heen misled as to the practice in this district, were offered leave by the court still to file exceptions to the report, notwithstanding the fact that the time limited by the rule for taking exceptions had elapsed. This offer they declined. In declining it counsel said they 'preferred to stand upon their legal rights. Motion overruled. and another V.SILLOM and Husband.
(Circuit Court, E.
By the laws of Louisiana the domicile of the wife follows that of the hut!band. Therefore, It citation for the wife, left at the domicile of the husuand, in this state is good, and is binding on her.
In Equity. Mott <t Kelly, for plaintiffs. Hudson <t Fearn, for defendants. BILLINGS, D. J. This suit is instituted to foreclose a mortgage executed by a married woman upon her property. The first question is as to the validity of the service of the subpama. The service was made at the domicile of the husband, there being no legal separation. This is a valid service upon the wife, according to the rules in equity of the supreme court, and according to our Code of Practice. The rule of the supreme court undoubtEidly refers the question of domicile to the laws of the state, and the separation in fact does not prevent the husband's domicile being that of the wife. The service is, therefore, legal, and Mrs. Sillom is properly called upon to answer. In fact, this defendant, who is a married woman, has lived in France for the past 17 years, although the legal domicile of her husband, and consequently that of herself, is within this state. Though the service is legal and brings her before the court, the time which should be allowed her to consider in a cause should be determined by her actual residence, and should be sufficient to enable her, as to matters of fact, to communicate with her solicitors. The question here being as to whether a receiver should be appointed to administer a plantation, and the proof being that it is well administered; and, further, it being impossible that any crop can be taken from the plantation until late in the autumn,-there is little risk of damage to
M'GOWA.N V. LA. PLATA MINING &8MELTING CO.
the complainants in allowing reasonable delay for the purpose of suitable preparation on the part of the real defendant, whose interets are distinct from those of her husband. It is therefore ordered that the .hearing of the application for the appointment of a receiver be continued to the third Monday of t'ovember.
MCGOWAN V. LA PLATA MINING
(Circuit Court, D. Coloraito.
January 11, 1882.)
MASTER AND SERVANT.
The law will not presume that men of ordinary intelligence know the explosive power of hot slag when thrown into water.
On Motion for aNew Trial. J. D. Murphy and T. A. Green, for plaintiff. J. F. Frueauff, for defendant. HALLETT, D. J. That a master is bound to inform his servant of facts within his knowledge affecting the safety of the servant in the service to be performed, when the latter is ignorant of Buch facts, seems to be conceded. A lot-owner employed a carpenter to build for him, but did not inform the carpenter that his title to the lot was contested. The carpenter, pursuing his labor on the lot without suspicion of danger, was attacked by the parties claiming adversely to the employer, andseverely injured. On this the employer was held liable in damages for his omission to notify his servant of the danger impending. Baxter v. Roberts, 44 Cal. 187. A miner employed to sink a shaft was not informed of a crack or opening in the side of the shaft, of which his employer had Imowl. edge. The shaft caved in and injured the miner, and his employer was held liable for his negligence in not giving notice of the crack in the shaft. Stmhlendorf v. Ro.qcntlzal, 30 Wis. 675. But it is contended that the rule cannot be applicable to the case at bur, as it relates only to facts withheld from the servant, and not to instruction in the principles of natural philosophy. The water in front of the furnace, and the act of overturning the hot slag, may