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CURRENT TOPICS-Continued.

Page.
midship-mite the, and "ruler of queen's navee
Miller, Ernest J., essay by.

22
misconstruction of statutes..

41
moral evil, its sources and remedies, D. G. Thoinp-

302
inormonism, independent on, Tennessee statute pro-
hibiting..

502
New York State Bar Association, notice of annual
meeting of....

42
Nicaragua treaty, assertion of rights of U.S. in conti-
nental questions..

1
oaths, bill to allow “infidels, atheists,” etc., to
testify in court, Central, L. J. on...

301
O'Conor, late Charles, notice of memorial of

101
portrait of and paper in Century maga-
zine.

161
Phelps, minister, “ovation” to, in House of Lords 182
Phelps Mr.,appointment of, as Minister to England,
agreeable to legal profession..

202
Phillimore, Sir Robert, London Law Journal on death

162
plan for improving methods of legislation of New

York State, report of N. Y. Bar Association on.
playing ball on....

383
politics, office-holder may actively participate in. 122
priestly law-making, Judge Elliot on...

462
publication of criminal news, imposition of fine.... 502
punctuation, ambiguity in language cause of .. 11
punishment of juror Munsell by Judge Van Brunt.. 461
relief of Court of Appeals, suggestion of double
court..

241
Relwof, misleading noms de plume..

282
Rodgers, Mr. Arthur, good advico to graduating law-
students

462
salaries of the bench, Mr. Jones on

222
Session laws,1777 to 1801, inclusive, bill for republica-
tion of...

281
Shylock and Antonio,contract between contra bonos
mores, Lord Bramwell on

421
State Bar Association, noteworthy remarks before,
by Mr. Elliott F. Shepard

81
statutes, possible misconstruction of..

41
statute, omission of chapter 489, Laws of 1879. 501
Story's Equity Jurisprudence, mangling of in English
edition

121
Sullivan and Ryan and Mignonette caso, comparison
of English and American humanity.

82
Sunday, closing saloons on....

501
Supreme Court commissioners, retirement of India

461
Supreme Court, summary statement of business of

for October torm, 1884..
tardiness of justice, the,” Judge W. L. Learned

422
tax-coupon cases, decision of U. S. Sup. Ct. in Vlr-
ginia

341
"Texas Court Reporter,” new legal periodical. 4:1
text-books, law and points not always gained from 162
text-books, Mr. Clement Bates on

141
"The Jealous Mistress," address by James O. Pierce

before Tennessee Bar Association..
titles, Virginia Law Journal on shortening forms of. 201
" Traffic in Litigation,” Central Law Journal on 301
'vacation,” disagreement ol judges as to meaning
of .....

441
Waite, Chief Justice; indecent speculations upon

his possible death
Webster, Daniel ; portrait and notice of, in Century
Magazine..

161
Wharton, Dr. Francis; appointment of, as legal ad-
visor to State Department

242
Wharton, Dr.; wisdom of Stato Department in se-
lection of, so learned a jurist..

461
whipping; brutal enforcement of law in Maryland. 501
wills, construing of ..

361
witness; treatment of, by General Butler..

382
words and phrases, pass upon

362
Yacht Mignonette, reference of Central Law
Journal to........

02

22:2
AA

ana.

Page.
FIELD, David Dudley, on Iteration in Law"

382
verses to by F. J. Parmenter

160
FINANCE, Alexander Hamilton's theories of.

242
FINANCIAL LAW.... ..19, 35, 60, 78, 218, 379, 359, 517
FRAUDS, Reed on the Statute of

285
FREEDMAN, Judge, adjudges ox-Mayor Edson
guilty of contempt....

141
graveyard, Guiteau, a.

401
Grinnell, N. Morton, on the new divorce law in
France.

44
HAMILTON, Dr. Frank II., on medical expert testi-
mony

241
Alex, theories of Apances.

212
HAMMOND, Dr., on hanging, a pleasant mode of
execution..

421
HAWKINS, Eugene D., on attorney's liens upon the
cause of action..

304
HAYES,J. Noble, on Senator Titus' non-imprisonment
bill.

346
HEAD-NOTES, distinction between “catch-lines
and..

202
HOADLEY Governor, on codification.

141
HOLLS F W., paper on Franz Lieber by.

101
HOLMES, Judge Oliver Wendell, on the Bench and
Bar

419
HOPKINS, J. II., on the code or chaos.

283
INDIANA, retirement of Supreme Court commission 461
INSURANCE law.

59, 257, 359
IOWA (seo Recent American Decisions).
JAPANESE law; points on by Gustav Kobbe. 438
'JUDEX” on the delay of the law..

481
JUDGES; assignment of opinions to a single judge... 481

defeat of Judge Cooley ; no argument against
popular election of...

462
law ; London Law Times on...

281
list of salaries of..

239
popular election of; desoat of Judge Cooley

321
salaries of ; Mr. Jones on...
newspaper attacks not confined to living..

401
JUSTICE; dolays in administration of ; Judge W. L.
Learned on.

422
KOBBE, Gustav, New York letter by

239
points Japanese law

438
LAW, a jealous mistress," address by James 0.
Pierce, before Tennesseo Bar Association..

261
LAW JOURNALS, propriety of, criticising decis-
ions of courts, by....

221
LAWSON, John D., on rules as to the privlleges of
witnesses

144, 183, 244, 264, 323, 314, 383, 403
LAW-SUIT, a feudal...

305
LAWS, Session, 1777 to 1801 inclusive, bill for publica-
tion of

281
LAWTON, General, constitutional question in case
of appointment of...

362
LAWYERS in President's Cabinet.

281
should draw their own conveyances.

441
some facts about their tools.....

84, 164
LEADING ARTICLES:
a feudal law-suit..

305
a short plea for a code.

364
attorney's liens upon the cause of action, Eugene
D. Hawkinson...

304
code or chaos, the, J. II. IIopkins on..

283
common words and phrases..

101, 201, 424
contract J. B. Daly on married woman's liability on, 187
delays of the law....

483
delivery not always essential to a gift, Guy C. A.
Corliss on

426, 445
divorce, the new law in France, M. Morton Grinneli
on.

44
extradition, Ilam v. State, 4 Tex. App. 615; Samuel
T. Spear on

166
extradition - the case of Norton, Samuel T.
Spear on..

66
Husband and wifo, household agency of, David
Stewart on...

206
important instructions in relation to citizenship,

domicile and marriage, correspondence between
Dr Wharton and attorney-general.

465
Inter-State Extradition, Guy c. II. Corliss on.....4, 24
jurisdiction of courts of equity of wills, Augustus A.
Levey on..

2:25
jury reform, Henry T. Terry on.

216
lost wills, Charles Z. Lincoln on ...

.305, 385
marriage, Guy C. II. Corliss on presumption of 106
presumption of, Guy C. II, Corliss on

127
married woman's liability on contract, J. B. Daley
on..

187
may a husband sue his wise for salary? John Brooks
Leavitt on ...

64
my first case, a sketch at the Mansion House.

444
old cases revived, the trial of Lords Warwick and
Mohun for murder of Captain Coote...

1:25
presumption of marriage, Ciuy C. II. Corliss on pl. II,

106, 127
Reed on the statute of frauds

285

on....

261

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LEADING ARTICLES-Continued.

Page.
rules as to the privileges of witnesses, John D. Law-
son 'on...

144, 183, 244, 264, 3:23, 314, 383, 403
Senator Titus' non-imprisonment bill, J. Noble
Hayes on ..

316
signing a note or deed, Darwinically considered, John
B. Wood on ...

205
some more facts about lawyers' tools..

84, 164
The English Solicitor, A, B. M. on.

221
the household agency of wife for husband, David
Stewart on

206
trial by jury as it is and should be

501
Virginia coupon question, Samuel T. Spear on. 486

void grants of land held adversely, Ed.), Maxwell on 325
LEAVITT, John Brooks, on husband and wife

64
LEGISLATURES and the Dakota plan”

402
LEARNED, Judge W. L. on the tardiness of justice
LINCOLN, Charles Z., on lost wills.

.365, 385
LITIGATION, traffic in, Central Law Journal on 301
LONDON letter, our.

.38, 179
LORD LYTTON'S letters, injunction restraining
publication of

101
LYON, W. H., on "the Dakota plan?

402

Page.
RECENT AMERICAN DECISIONS.
Illinois Supreme Court.....

414
Iowa Supreme Court..

18, 253, 294, 417
Kansas Supreme Court.

234, 300, 377
Maine Supreme Judicial Court. ..97, 138, 178, 255, 413
Maryland Court of Appeals.

98, 236, 433, 497, 516
Massachusetts Supreme Judicial Court... 31, 296, 435
Michigan Supreme Court..

33, 356, 476
Minnesota Supreme Court.......... 118, 139, 318, 335, 357
Missouri Supreme Court..

137, 217, 254
Nebraska Supreme Court...

31, 99, 378
New Jersey Court of Chancery..

177, 476, 498
New Jersey Court of Errors and Appeal.
New Jersey Supreme Court

32, 294,

475
New York Court of Appeals.. 13, 57, 75, 94, 116, 134, 155

176, 194, 212, 232, 251, 273, 290, 316, 373, 410, 455, 513
New York Court of Appeals decisions ...80, 100, 120, 140
200, 220, 240, 260, 280, 320, 340, 360, 380, 400, 460, 480, 500, 520
Ohio Supreme Court

.197, 478
Ohio Supreme Court commission..

218, 378
Oregon Supreme Court..
Pennsylvania Supreme Court.... 17, 34, 178, 298, 398, 457
Rhode Island Supreme Court..
Texas Commission Appeals.
Texas Supreme Court.
United States Circuit Court. 14, 96, 117, 136. 215, 292, 333

397, 515
United States District Court.. 96, 117, 136, 215, 292, 515
United States Supreme Court... 75, 95, 135, 156, 196, 214

275, 317, 332, 355, 375, 395, 494
Vermont Supreme Court...

58
Wisconsin Supreme Court.. 235, 274, 318, 336, 418
RECENT ENGLISH DECISIONS... 19, 437, 519
REVISION OF STATUTES AND CIVIL CODE.
Names of Committee on......

102

MANSION HOUSE, sketch at.

44+
"MARRIAGE, French law of,” Mr. Kelly's..

362
MAXWELL, Ed. J., on void grants of land held ad-
versely. . .

323
MC MASTER'S history of the people of the United
States

482
"MIGNONETTE" case, Lord, Chief Justice Coler-
idge's opinion in..

36

78, 438

SEDGWICK, Arthur G., review of Code by...... 302
SHEPARD, Elliott S., noteworthy remarks by, before
State Bar Association.

81
SOLICITOR, the English, A. R. M. on..

224
SPEAR Samuel T. on Extradition..

66, 166
on the Virginia coupon question..

486
" STARE DECISIŠ,” condict between pretepise of
and actuality of judicial legislation..

281
STERNE, Mr., essay before American Bar Association 282
STĒWART, David, on household agency of hus-
band and wife.

206

NEW YORK letter, our
NEW YORK STATE Bar Association ; notifica-
tion of meeting...

40
NOMS DE PLUME, misleading, Relwof

282
NORTON case of ; Samuel T. Spear on.

06
NORWAY, Jury-system proposed to be adopted in.. 221
NOTES. American Law Review ; leading articles of
current number..

100
Arizona ; methods of courts of.

40
Ex-Judge Dillon's address at Saratoga..

460
important decision concerning innkeepers..

330
Judge Van Brunt, denouncement of by J. A.
Beecher.

500
law journal, two new ones

200
anecdote by Judge Wallace of Cal.

200
legal information and grammar of N. Y. Tribune.... 410
Hon. Amasa J. Parker, Albany Argus on...

200
Paxson, J., commencement oľ opinion by, in case of
Packer v. Noblo...

60
Phelps, Edward J , minister to England ; London
Law Journal on

310
punishment for smiling in church

120
receptions to Mr. Evarts and David Dudley Field in
New York...

160
resignation of Mr. Skinker, reporter of Missouri Su-
preme Court.

100
NOTES AND DEEDS signing of, Darwinically
considered..

205
opinions, English judges delivering seriutim, Cen-
tral Law Journal on.

121

TERRY, Henry T., on jury reform.

246
THOMPSON, 'D. &., on moral evil, its sources and
remedies..

302
TRIAL OF LORD'S, Warwick and Mohun for mur-
der of Captain Coote..

125

VAN BRUNT, Judge, surprise of, at verdict of
jury

381
punishment of juror by.

401
VIRGINIA COUPON CASE..

4.29
WALLACE, Ex-Chief Justice, on working of code in
California.

329
WHARTON, Francis, on important instructions in

relation to citizenship, domicile and marriage. 465
WHITEHOUSE, S. Stewart, on trial by jury as it is
and as it should be..

504
WITNESSES, rules as to the privileges of, John D.
Lawson on..

144, 183, 244, 264, 323, 344, 383, 403
WOOD, James, on agister's warranty of wholesome-
ness of pasturage..

259
WOOD, John B., on signing notes or deeds, Darwinci-
ally considered.

215
YATES, Edmund, imprisonment of, for society libel, 103

PARMENTER, F. J., verses by, on David Dudley
Field.

160
PARKER Hon. Amasa J., Albany Argus on

260
PERIODICALS, new,

" Texas Court Reporter 4+1
PHELPS, Ministér, first after-dinner speech in Eng-
land

518
POMEROY, John Norton, death of; work on equity
jurisprudence.

261

........

INDEX-DIGEST

TO

ABSTRACTS, CASES IN FULL AND NOTES OF CASES.

ger ..

Page.
ABATEMENT: Action by partners for slander;
death of one plaintiff..

444
ADMINISTRATION. Order of sale of real estate;
impeachment of

138
Concealment, fraud, etc.; surviving partner; trustee;
purchaser; notice..

396
Waste; administrator de bonis non, cannot recover, 95
ADMINISTRATOR'S SALE. Error in deed;
equity to title.

137
ADVANCEMENT. Presumptions as to

416
AGENCY Contract to procure advertisement; agent
personally interested; commissions.........

397
Duration of employment.

236
Lien of agent for acceptances.

177
Middleman; commissions from both parties

318
Power to bind hotel-keeper for hire of horses for
guests...

363
Sale of sewing-machines and attachments; pleading;

bond of agent; liability of surety ; statute of limita-
tions

332
See Bailment ; Intcrest.
ANIMALS. Evidence of good character of

303
Injury from bite of dog; owner

18
Negligence; dog in street

382
Scienter in servant...

303
ARBITRATION AND AWARD. Limited to
matters submitted

499
What award must show

415
ARREST. Privilege of witness from; action for

damages does not lie; motion to discharge proper. 139
ASSAULT AND BATTERY. Evidence; re-

puted wealth of defendant; instruction as to posi-
tive and negative testimony,

337
ASSESSMENT. See Injunction.
ASSIGNMENT. Cause of action for tort....

255
Chattel mortgage; bona fide purchaser

478
ASSIGNMENT FOR CREDITORS. Error in
acknowledgment....

423
Neglect to present claim within time; right to share.. 218
ATTORNEY. Allowance out fund; power of
court to grant..

457
Compensation ; trust fund; insolvent railroad corpo-
ratian...

395
Indigent suitor; agreement as to compensation. 348
ATTORNEY AND CLIENT. When relation
does not exist; undue influence.

410
Dealings between

415

CARRIER-Continued.

Page.
Delivery to connecting line; liability of first carrier ;
damages for delay

216
Freight charges; payment of illegal rates not involun-
tary

26
Illegal charges; may be recovered back..

492
Liable for delay by striking employees..

142
Limitation of liability; negligence ; valuation

207
Live stock; delay in shipment; damages

274
Unindorsed bill of lading.

250
Obligations to passenger; injury by fellow passen-
ger; duty of einployees..

333
Person having charge of child ; refusal to pay fare;

ejectment from car; damages ; when punitive not
recoverable...

434
Railroad and stage connection; contract

283
Railroad; excursion ticket; expulsion of passenger.. 99
Restricting liability; negligence..

58
Separation of passengers on account of ruce or color;
accommodations must be equal

515
Railroad; one riding on engine or car step not passen-
CEMETERIES: Easement or fee ; alteration by
city; rights of owner ..

297
CERTIORARI. Motion to quash denied; order ap-
pealable

14
CHALLENGE TO ARRAY. Irregularity; "beer;'
presumed intoxicating

238
CHATTEL MORTGAGE. Execution and record;

mortgagor removing from State; laches in taking
possession; effect of recording acts.

118
Mortgagorin possession with power to sell; question
of fraud one of fact

334
Refiling; within thirty days

478
Sale; satisfaction; pleading.

478
"Shall deem himself unsafe;" conversion.

46
CHINESE EMIGRATION. See Constitutional

Law.
CITIZENSHIP Fourteenth amendment; Indian;
allegation of petition

775
CIVIL DAMAGE ACT. Extra-territorial effect, 183
CLOUD ON TITLE. Change of venue; void deed, 138
CONSTITUTIONAL LAW. Act of August 3,

1882; regulation of commerce: Chinese immigration, 276
Art. 9, §î; municipal corporation ; ultra vires; judga
ments ; set-off

17
Conspiracy; protection of citizens; R. S. § 5508; in-
formation

7
Contract to construct railroad; ultra vires; rescis-
sion; equitable interference

117
Deprivation of properly ; State statute ; overflowing
lands

370
Eminent domain ;'damage ; change of grade; incor-
poration before'adoption of constitution

15
-; public use; municipal bonds to aid private cor-
poration

396
Ex post facto; changing punishment; reasonable doubt;
prisoner as witness.

71
Incorporation of villages; delegation of legislative pow-
ers...

357
Intermarriage between whites and negroes.

255
Justices of the peace acting after seventy years of age, 89
Limitation; antecedent obligations..

33
Liquor traffic; removal from office; quo warranto is
civil proceeding

95
Police power; regulating and restraining trade. 415
Power to license; tax; regulating wash-houses

515
Prohibition against privileges; ferries

509
Prohibition of cigar making in tenement-houses... 85
Probibition of manufacture or sale of an article in-
jurious to public health; oleomargarine....

288

BAILMENT. Bailee may show that ballor has as-
signed his title.

103
Fraud; agency

35
BANK. Transformed from State into National; right
to enforce contracts....

14
National: power to purchase real estate

197
BANKRUPTCY. “ Fiduciary capacity; unau-

thorized sale by broker; request to submit to jury.. 290
Partnership creditors; partner assuming firm debts... 293
BANK AND BANKING. Deposit of note for col-
lection ; sale

359
Authority of agent to certify checks.

457
Negligence; collection of drafts

109
BASTARDY. Civil proceeding ; preponderance of

evidence; charge: believing certain witnesses.. 257
BILL OF LADING. Title, when passes on ship-
ment...

390
See Carrier.
CARRIER Baggage; when liability ceases; burden
of proof

399
Circus train..

162
Connecting; fire in warehouse , liability.

314
Vol. 31.

Page.
DEBTOR AND CREDITOR. Satisfaction of
debt

495
DECEIT. False representations as to appraised value
of the property..

287
DEED. Appurtenances; right of way; no reference
in deed; injunction; specific performance

212
Condition; payment of debt should render void;
mortgage is not absolute conveyance in trust

198
Construed against grantor; when rule does not apply;
intent to govern; life estate or fee; power to sell,
discretion; may not be delegated.

291
Delivery ; voluntary settlement
Married woman; mistake in, cannot be reformed..... 255
Must be signed..

164
Reformation; mistake; must be mutual ; damages;
mining; unintenional trespass.,

237
Void; executed by one not described as grantor 157

See Covenant.
DURESS. Giving and paying note for intended de-

94

.

mand ...

282

117

חוון

CONSTITUTIONAL LAW-Continued. Page.
Public purposes; private property:

475
Regulation of commerce; license fees..

294
Statute to be construed in harmony with constitu-
tion; municipal corporation; subscription to rail-
road invalid; subsequent act legalizing.

156
Taxation; corporation; act of 1881, chapter 361 ; pen-
alty; interest ...

457
Title of act; "removal” not transfer”

99
Unconstitutional amendment to valid act; effect of... 96

See Municipal Bonds.
CONTEMPT proceedings in aid of execution; re-
fusing to pay money; imprisonment illegal..

197
Refusing to testify in family secrets..

102
What constitutes; habeas corpus...

300
CONTRACT. Architect; plans

402
Benefit of third person ; statute of limitations; costs;
interest on, from date of judgment..

197
Breach; damages; composition; action for damages
barred

237
Carrying mail; assignment of claim ; against govern-
ment. Rev. Stats., 88 3477, 3737...

356
Consideration ; performance ; relying on promise 455
-; release of doubtful claim

236
Guaranty; consideration ; statute of frauds; collateral 13
Mental capacity ; burden of proof ; evidence of im-
proper relations ; number of witnesses

416
Novation; considertion ; statute of frauds ..

476
Parol evidence to explain ; indorsement on envelope ;
proof of custom

156
Personal liability of agent

255
; sealed instrument

217
Public officer ; personal liability.

514
Public policy; agreement not to uphold will.

418
Restraint of trade

458
Right of one not party to

449
Sale of land; rescission; rights of seller and purchaser 138
Services ; quantum meruit..

212
To "satisfaction”; acceptance.

357
Use of personal property; holding over no implied
contract; damages

252
CONTRIBUTION. Partnership ; tenants in com-

178
CONVERSION. Demand and refusal to deliver 294
Title necessary; damages ; breach of contract

99
COPYRIGHT In judicial decisions

242
CORPORATION. Assignment of stock; creditor
attaching.

435
Election of directors ; mismanagement; Rights of
stockholders

397
Fraudulent conveyances ; mortgage; priority; ultra
vires

292
New York Stock Exchange ; members bound by con-

stitution, etc.; sale of seat; proceeds to creditors in
eschange

176
President; no power to execute bond ; judgment : re-

ceiver.
Purchase of capital stock; replevin .

7
Stockholder; liability of, how enforced..

299
Ultra vires; when cannot avail; recovery against one
joint contractor is bar to other

252
CORPSE. No property in human..

463
COVENANT. Against incumbrancos; damages ; to
to pay taxes

514
Assignee of lease ; liability for rent; runs with land.. 479
Easement; incumbrances; recording acts.

17
CREDITOR'S ACTION. Rescuers of debtor's
goods ..

495
What property may bo reached by: title in third

per-
son; consideration paid by debior; resulting trust.. 412
CRIMINAL LAW Wife as witness against hus-
band

148
Bawdy-house; Code Crim. Proc. $ 899, sentence. 155
-; evidence of reputation
Conspiracy to rob; one committed murder, all guilty. 358
Evidence of age ; will be twenty-one years old
clusive of infancy at time of trial.

482
False pretonses ; Obtaining goods by: proof that the
goods were delivered on; the faith of

19
Forgery; wife as principal; presumption of coercion;

evidence; Code Crim. Proc. § 399; testimony of ac-
complico

116
Insanity ; non-expert; Code Crim. Proc. $5 275, 284;

premeditation; intent; question for jury; guilt;
evasion and falsehood

57
Mortal blow in U'nited States fort; death outside 42
Murder; co-defendant may testify..

327
-; evidence of precious assaults..

278
Preventing inquest

362
Rape; fraud..

43
See Indictment, Larceny.
CUSTOMS DUTIES. “ Household effects;' car-
riago used abroad; Rev. Stat. $ 2505.

21.1

..

ECCLESIASTICAL LAW. Act of 1813; pastor's

salary; method of raising....
EJECTMENT. Continuous adverse possession by
tacking.

91
Railroad occupying land with owner's consent; sale of
road; grantee takes title

99
ELECTION. Elector disfranchised ; unreasonable

act of election officers; R. S., chap. 4, $ 63; damages. 256
EMBEZZLEMENT. Evidence of similar offenses. 459
EMINENT DOMAIN. Compensation ; court of
claims; waiver of formal proceedings...

278
Damages; appeal; injunction.
Track in public track; abutting lot owner. damages;
estoppel

16
General railroad act ; right to appeal from award ;
practice; order not appealable..

374
Públic uso; question of law; R. S., $ 4511

479
EQUITY: Joint purchase of property; refusal of

some of purchasers to pay their share of expenses ;
effect of...

299
ESTOPPEL. Trustee; commissions waived

433
EVIDENCE. Agent's declarations

254
Assault and robbery; declarations; res gestæ

20
Boundary of land; declarations of person in posses-
sion

188
Competency of witness ; New York Code Civil Pro-

cedure, g 834; U. S. R. S., § 721; insurance; question
as to disease

135
Custom; of banks to accept checks as cash.

4142
Declarations as to pedigree

51
Declarations by deceased ancestor as to age. ::. 150
Declarations of grantor as against grantee; Illegal evi.
dence not harmless; deed; reservation cannot be
proved by parol

412
Dying declarations.

278
Experts; hypothetical questions; credibility of wit-

274
Incompetent witness; waiver of objection; right of
court to suppress illegal......

177
Letters; epileptic fits accounting for controdictory
statements..

278
Nuisance; tendency of escaping steam to frighten
horses..

23
Opinion of experts; when incompetent

266
Parol to show lease in fact mortgage ; mortgage on
future crop....

275
See Assult and Battery; Bastardy; Embezzlement.
That object is likely to frighten horses...

102
EXECUTION. Replery of property levied on;
second execution...

217
Of judgment not restrained; injunctions...

433
EXECUTOR AND ADMINISTRATOR.

Counsel fee; divorce case; widow cannot suo for;
counsel may:

516
Demand; waiver..

97
Foreign; domicile; personality governed by law of
Purchase of interest of deceased in partnership; void-

able ratification; estoppel; married womau advance-
ment; interest on,,

299
EXTRADITION. Comity; restoration of fugitire

brought into State without due process........ 124

ness.....

2:2

COD-

FEDERAL PROCEDURE. Examination of:

party before trial; order of; State court ; federal
court no jurisdiction; habeas corpus.......

270
FRAUD. False representation; solvency of bank;
purpose to deceive; question of fact....

471
Mortgagee with knowledge; mortgage void as to credi-
tors........

215
Party guilty of, not entitled to relief...

278
Rescission of contract; offer to restore; damages

255
Sale of land by one joint owner; asking more for his
share; error in charge..

95
See Bailment.

DAMAGES. Aggravation of negligent personal in-
jury by predisposition to disease..

26:3
Condemnation of land for railway; Ore; tramps.... 63
Fraud by agent; purchase-price; false representacions
as to

513
Liquidated or penalty; profits

398

31

Page. JURISDICTION-Continued.

Page.
GIFT. Accident policy; donor's intention

17 Affixing seal without consent to lease for a year is im-
Deposit in bank..
436 material

504
GRAND JURY. Challenge to
20 LARCENY. Description of owner...

19
GUARANTY. Continuing...

Evidence; prisoner's possession of burglar's tools. 257
Recent possession ; intent

358

LIBEL. Privilege ; proceedings of legislative com-
HABEAS CORPUS. Innocence of charge; issuing

mittee

342
writ in another jurisdiction..
95 “Wanted,” E. B. to pay a drug bill...

83
HIGHWAY. Defect;:proximity to highway..

See Slander.
Wilfully obstructing; penalty
234 LICENSE. Hall to use; may be revoked...

436
Irrevocable; making improvements on land...

517

Omission to execute bond creates no vacancy;'
INDECENT EXPOSURE. Public place...
19 invalid license no defense....

195
INDICTMENT. Allegations; perjury; election law; To remove timber; assignment; chattel mortgage;
registers are judicial officers; 'infamous crime" 458

filing

414
Arson ; sugar-house; pleading..

78 LIMITATIONS. Administrator; insane person ;
Joinder of offenses; when election not compelled;

statute 1872, chap. 85..

138
intent; presumption..
499 Adverse possession ; tax deed by government.

18
Pleading public statute; judicial notices; public local Runs from discovery of frauds; lien of judgment
laws.

438 bona fide purchaser; title through unrecorded
Referring to third person as unknown; bribery; evi-

rights of purchaser

137
dence

358 Statute; trustee of manufacturing company; corenant
See Criminal Law.
to pay taxes

514
INFANT. Prochein ami; attorney; ratification... 237 Presumption of payment..

513
INJUNCTION. Consented to by mistake; when Acknowledgment; Kansas statute; municipal debt.
binding

202 Acknowledgment; part payment by joint promisor.. 43
May be contemptible, yet it is contempt to disobey it, 141 Proper inquiry under plea of.

334
Judgment not enjoined; res adjudicata

256

See Agency.
Public officer; restraining exercise of powers ..

235 LIMITED PARTNERSHIP Contribution must
Restraining collection of assessment; statute must be

be in cash; may deal with special partner; changed
followed ; amendment; not as to void proceeding.. 497 to limited; provision as to share of losses; omission
Threatened trespass ; rights established at law
17 in notice; name of newspaper changed

233
INNKEEPER: Guest; taking room for purposes
of prostitution.

352 MALICIOUS PROSECUTION. Action lies for
May not refuse guest from mere apprehension of in-

mere suit

63
sult

82

Excessive damages; probable cause; advice of coun-
Railway conductor; when not guest..
202 sel..

178
INSOLVENCY. Preferred debts; construction of Participation of defendant; false arrest ; probable
statute.

297
cause

478
INSURANCE. Accident; payment of premium ; MANDAMUS. Adequate remedy ; judgment of Cir-
presumptive potice; forfeiture; waiver..
59 cuit Court

396
Authority of adjuster; waiver of forfeiture

359 Commissioners of public works; permit to bridge
Forın of policy; waiver of proofs of loss.
257 company.

374
Loss; location of goods...
257 Public officer; when does not lie.

197
Premises vacant or “unoccupied

2.59 Treasurer to pay coupons; if it lies, injunction denied:
Payment of premises; waiver..

57
U. S. Rev. Stat. $ 723

97
"Contained in;" knowledge ; waiver

389 MANUFACTURING CORPORATION. Lia-
Alienation of property

258
bility of trustee under New York act....

408
Fire; change of interest ; admission of partner... 333 MARINE INSURANCE. Payınent of premiums;
; evidence of usage

435 delivery of policy containing receipt; ratification of
--; evidence that fire-works” were part of stock:

agent's acts : lex loci; general lien; unpaid pre-
certificate of nearest notary; action does not accrue

miums..

293
until negotiations closed.

176 MARRIAGË. Acknowledgment; void divorce 30
General language of policy; special indorsements to Declarations to prove; sanity; opinion of non-pro-
control; liability of company for loss...

233 fessionals; when avoided for mental unsoundness.. 377
Life, interest; supposed wife..

283 Deed by husband to wife void
Marine; warranty of seaworthiness; condition prece-

Deed from husband to wife; creditors.

114
dent to discovery...
232 Divorce; adulterous marriage of plaintiff

293
Masonic Aid Association : by-laws allowing change of

-; dower.

178
beneficiary; will does not change..

253

; presumption of adultery; rebuttal; may show
151
decoying; duty of husband.

476
INTEREST. When agent liable for

117

Husband and wife's joint estate ; conveyance of; title
INTERNAL REVENUE. Information for for-

bond; equity.

255
feiture ; general verdict good.
135 Husband and wife; partnership..,

328
INTOXICATING LIQUOR. Unlawfully furn Husband not liable for wife's slander

02
ished.

37 Necessaries; wife employing servant in family. 403

Wise separate estate ; consent that husband may use. 378

Wife's property ; acquisitions by purchase ; by gift;
JUDGE. Disqualification ; relationshin..
413 act of 1875

254
Impeachment of for abuse of discrationary power 461 MASTER AND SERVANT. Contract ; term of
JUDGMENT. Entry on order of judge after expira-

service ; evidence ; question for jury..

34
tion of term; irregular...
357 Course of employment; bailment

213
Xonsuit no bar to second suit..

414 Evidence as to fitness of employee; jury cannot decide
Party dying after trial; entry nunc pro tunc...
480 from sight

256
Satisfaction of; following proceeds of property sold. 411 “Fellow serrant; ” mining superintendent not

147
JUDICIAL SALE. Attachment; bona fide pur-

Injured brakeman; conductor employing surgeon 225
chaser; Code Civ. Proc., $ 1370 ; execution must con-

Liability for tort of servant ; scope of employment
forin to statute..

374 evidence; declaration of agent; res gesta; proof of
Purchaser compelled to perfect title
177 authority

295
JURISDICTION. Ainount in dispute

135
Railroad conductor and engineer not

fellow serr-
Circuit Court; consolidated railroad corporation ;

ants"

8
citizenship ..
397 Negligence; contributary; carpenter on vessel

333
-; transfer of interest pending hearing; citizen Qualification of servant; on trial; " discharge; ques-
ship; pleading; supplementary bill.
96 tion for jury..

58
Foreign corporation ; designation of agent on whom Risks of employment'; conductor assuming control of
process may be served..
16 engine; injury to brakeman

33
Fourteenth amendment; class legislation; police

; personal injury ; measure of damages

291
power of State......

355 Matting across sidewalk, owner liable for consequen-
Garnishment; non-residence of principal defendant;

141
personal judgment..

34 | MECHANICS LIEN. How construed; service of
Grantor's titlo from United States admitted, act of notice; director in “officer and agent

479
1866, ch. 219
135 Household estate ; extent of lien

300
Local court ; consent will confer..

475 Municipal property; water-works; priority; sub-con-
LANDLORD AND TENANT. Disputing land-

tractor and surety of contractor..

418
lord's title; may show it has terminated.

19 MERGER. Foreclosure of mortgage does not merge
Possession abandoned ; lease not revived
235 debt

513
Tenant not liable for negligent destruction of prop MISTAKE. Reformation of deed.

311
erty by fire..

22 MONEY HAD AND RECEIVED. Breach of
Working farm on shares ; forcible entry and detainer;

contract

334
statute ; estoppel ; deuying landlord's title..

235 Trust; sale of note

" Widow

ces

... 256

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