Sidebilder
PDF
ePub

INDEX TO NOTES.

(The General Index follows this.)

[ocr errors]

Action. See DEATH.

Constitutional law. See CRIMINAL LAW;
Admiralty; imprisonment under orders of

IMPRISONMENT FOR DEBT; PARDON.
court in, as imprisonment for debt 664 Contracts; performance of existing contract
Alimony. See HUSBAND AND WIFE.

obligation as consideration for new prom-
Amnesty. See PARDON.

ise:-In general; payment of existing debt
Appeal; conclusiveness of prior decisions on

as consideration; promise to release joint
subsequent appeals: - (a) Generally; (b)

debtor; payment of surety; promise not
where the prior decision is erroneous;

to sue; compliance with obligation to
(c) as applied to matters after remanding

deliver papers or property; agreement
a case; (d) as to evidence; (e) as to party;

to comply with lease; agreement to
(f) as to matters necessarily involved; (g)

comply with marriage contract; promise
as to matters of estoppel; (h) as to matters

to do duty; where there is breach on both
of jurisdiction; (i) as to defective appeals;

sides; work already completed when ad-
(1) as to cross-appeals; (k) where prior de-

ditional promise made; waiver of condi-
cision is not final; (l) as to matters of

tions; acceptance of performance; promise
pleading; (m) as to injunctions and in-

of additional compensation for complet-
terlocutory ordere; (n) as to questions

ing contract; promise to perform addi-
whicb might have been made on prior ap-

tional duty for same consideration;
peal; (0) as to excessive verdicts; (p)

promise by stranger to the contract

33
change of court; (q) as to effect of dicta; Convicts. See CRIMINAL LAW.
(r) where the questions are different; (8) as Corporations; right to enforce stockholder's
to ambiguous decisions; (t) as to limited

liability outside of the state of incorpora-
decisions; (u) as to decisions by a divided

tion:-(I.) In action by corporation or its
court; (v) statute and Constitution chang-

representative; (II.) in action by creditor
ing the rule; (W) rule in intermediate

or corporation: (a) remedy according to
courts

321 law of forum; (b) for unpaid subscriptions
Baggage transfer. See CARRIERS.

to stock: (1) in general; (2) by creditors'
Banks; trust in deposit in insolvent bank:

bill; (c) for statutory liability after stock
--Receiving deposit when insolvent a

is fully paid for: (1) in general; (2) nature of
fraud; how far trust exists; right to fol-

the liability; (3) liability absolute or dis-
low money; right to follow commercial

tinct from statutory remedy; (4) constitu-
paper

tional liability:(5)exclusiveness of statuto-
Bastardy; imprisonment under order in

ry remedy provided in state of incorpora-
case of, as imprisonment for debt

667 tion; (6) conditions prescribed by statutes
Bills and notes; renewal of, by insane per-

in state of incorporation; (7) action at law;

274 (8) suit in equity; (d) remedies in Federal
Buildings. See also LANDLORD AND TEN-

courts: (1) in general; (2) in equity; (3) at

law; (III.) contribution between stock-
Individual liability for falling walls or

holders of foreign corporations

737
buildings:-Liability of owner or occupier; Effect of assessment on stockholders, made
building in possession of contractor; lia-

under order of court in another state as
bility for injury to person in street;

res adjudicata

694
liability for injury to person on adjoining Costs; as debts within constitutional provi.
property; liability for injury to person on

sion as to imprisonment

655
property; neglect to comply with cove- Creditors' bill; for unpaid subscriptions to
nants in lease; illegal building; liability of

stock of foreign corporation

743
firemen; act of third person; vis major; Criminal law; enhancing penalty of
fire, contributory negligence

557 crimes when committed by habitual crim-
Carriers; negligence of passenger in passing

inals or prior offenders:--(I.) Validity of
from one car to another:-The general

statutes and ordinances: (a) in general;
rule: passenger assumes incidental risks;

(b) ex post facto laws; (c) cruel and unusual
obedience to instructions; vestibuled

punishment; (d) equal protection of the
trains; negligence in fact

720 laws; (e) second punishment or jeopardy
Liability of baggage transfer companies:-

for the same offense; (II.) construction
(I.) As common carriers; (II.) when liable;

and effect of statutes: (a) in general; (b)
(IIJ.) limitation of liability; (IV.) the effect

third and subsequent offenses; (c) condi-
of custom

137 tions as to prior conviction before com-
Conflict of laws; as to the enforcement of

mission of later offense; (d) conditions as
stockholders' liability outside of the state

to execution of or relief from prior sen-
of incorporation, see CORPORATIONS.

tence before commission of later offense;

son

ANT

[ocr errors]

1

[ocr errors]

man

as

(e) effect of pardon of prior offense; (f)ef.

rights; (IV.) as to community property;
fect of appeal or writ of error to review

(V.) as to property and rights of husband 223
prior conviction; (g) effect of prior con-

Drunkenness as affecting divorce :-(1.)
viction in other state or country; (h) what

Drunkenness as a ground for divorce: (a)
prior sentence must have been; (i) similar-

provisions for; (b) what constitutes drunk-
ity or identity of prior and subsequent

enness; (c) degree of drunkenness autb-
offenses; (1) procedure: (1) in general; (2)

orizing divorce; (d) pleadings and proof;
pleas and admissions; (3) order of trial;

(e) defenses; (f) incidents and effects; (II.)
separating issues; (4) proof; (5) attacking

drunkenness as affecting eruel and inbu-
validity of prior conviction; (6) verdict

treatment: (a) drunkenness
and judgment; (7) appeal or writ of error 398 cruelty; (b) drunkenness connected with
Reduction of prisoner's term by allowance

cruelty; (c) drunkenness as evidence of
for good behavior:-(I.) Constitutionality

cruelty; (III.) drunkenness as affecting
of statute providing therefor; (II.) con-

desertion

449
struction and effect of statutes: (a) in gen-

Divorce when husband or wife becomes in-
eral; (b) Federal cases

509 sane:-(I.) Insanity as a ground for divorce;
Custom. See CARRIERS.

(II.) insanity as affecting adultery: (a) as a
Death; how many distinct causes of action

ground for divorce; (b) as a defense to a
arise from injuries resulting in death:-

claim for alimony: (III.) insanity as affect-
(I.) Alternative action for death or injury:

ng abandonment and failure to support:
(a) generally; (b) actions for death as af-

(IV.) insanity as affecting cruelty; (V.) the
fected by release: (1) by injured party; (2)

defense; (VI.) actions on behalf of insane
by others; (3) by plaintiffs; (c) other

persons

161
actions as a bar: (1) actions for the injury; Allowance to husband from property held
(2) other actions for the death; (d) multi-

by the wife in divorce cases:-(I.) Perma-
plicity of actions for death; (e) bar of other

nent allowance; (II.) statutes; (III.) alimo-
actions by limitation; (f) for death of in-

ny pendente lite; (IV.) English cases 110
fants; (II.) concurrent actions for death

Enforcing payment of alimony as imprison-
and injury

788

ment for debt
Debt. See IMPRISONMENT FOR DEBT.

Illegitimate children. See INCOMPETENT
Divorce. See HUSBAND AND WIFE.

PERSONS.
Dower; as affected by insanity of husband 224 Imprisonment for debt; constitutionality
Drunkenness. See HUSBAND AND WIFE.

of imprisonment for debt:-(I.) General
Electrical (uses; grant of franchises to

extent and construction of constitutional
electrical subway companies,

369 provisions; (II.) wbat are debts: (a) mean-
Evidence; presumption's against the de-

ing of the word "debt"; (b) in general; (c)
stroyer (spoliator) of evidence:-(I.)Where

breach of promise to marry; (III.) action
a party fails to produce evidence after de-

founded on tort: (a) in general; (b) mesne
mand or notice by the party entitled sto

profits; (c) trespass; (d) fraud; (IV.) fines
the production thereof; (II.) where a

and penalties as debts: (a) in general; (b)
party fails to introduce documentary

fine imposed by city authority; (V.) taxes
("the best.") evidence which would prop-

as debts: (VI.) costs as debts: (a) debts in
erly be a part of the case: (a) the rule

civil actions; (b) not debts in civil actions;
stated; (b) the substituted evidence; (c) the

(c) debts in criminal actions; (d) not debts
rule and evidence in admiralty; (III.)

infcriminal actions; (VII.) statutory, crim-
where a party adverselyi interested ide-

inal, or quasi-criminal cases; (VIII.) ep.
stroys or withholds evidence to which the

forcing orders and decrees of court: (a)
adversary'is entitled: (a) the rule; (b) the

in general; (b) in decedents' estates; (c) in
proof; (c) the damages

581 adiniralty; (d) alimony; (e) in bastardy; (f)
Execution; imprisonment on, see IMPRISON-

against officers of the court; (IX.) due
MENT FOR DEBT. !

process of law; (X.) ne exeat; (XI.) debts
Ex post facto laws; as to babitual crimi-

owing to the United States
nals

399 Incompetent person. See also HUSBAND
Fines; imprisonment for, as imprisonment

AND WIFE.
for debt

651

Renewal of obligations by
Former jeopardy; as to habitual criminals 400 Using lunatic's property to carry out his
Fraud; imprisonment for debt in case of 642

presumed wishes or to fulfil his equitable
Fright. See STREET RAILWAYS.

obligations in the absence of a legal auth-
Gas. See MINES

ority:-(I.) Power generally; (II.) in sup-
Gift. See INCOMPETENT PERSONS.

port of his family; (III.) in support of ille-
Good time. See CRIMINAL LAW.

gitimate children, etc.; (IV.) for allowan-
Habitual criminals. See CRIMINAL LAW.

ces to persons entitled to inheritance; (V.)
Highways. See ELECTRICAL USES. Y

for allowances to collateral relations: (VI.)
Homicide; time when : deemed to be com-

for allowances to persons not related;
mitted

851 (VII.) for charitable and religious pur-
Husband and wife; effect of intoxication

poses; (VII.) to continue arrangements
on marriage

87
made while sane

297
Insanity of husband as affecting wife's dis- Judgment. See APPEAL; CORPORATIONS.

ability of coverture:-(I.) Generally, wife Landlord and tenant. See also MINES.
as head of family: (II.) as to separate prop-

Liability of landlord for injury to tenant
erty and rights of wife; (III.) as to dower

from defect in premises:- Landlord not

bound to bave premises safe; implied cov-

taxable; (VII.) power of municipality to
enants; action for nonrepair; construction

exempt; (VIII.) original incorporation;
of covenant to repair;'warranty or repre-

(IX.) assessments; (X.) method of raising
sentations by landlord; fraud or deceit:

question

193
concealment of defects; statutory liability; Ne exeat; as imprisonment for debt

671
landlord actively negligent; contributory Negligence. See BUILDINGS; LANDLORD
negligence; proximate cause; measure of

AND TENANT.
damages; distinguisbable cases

824 Oil. See MINES.
Liability of landlord for injuries to tenant's Pardon; legislative power to grant pardon
guests and servants from defects in prem-

or amnesty:-(I.) After conviction; (IL.)
ises:-Duty the same toward tenant and

before conviction; (III.) incidentaljor im-
tenant's guest or servant; landlord not

plied pardon

251
generally liable; defect in premises when As affecting enhanced punishment for later
let; effect of concealment by landlord; ef-

offense

402
fect of duty to repair; structure for use of Penalty; imprisonment for, as imprison-
• public; liability of reversioner; contribu-

ment for debt

651
tory, negligence; portion of building in Presumption. See EVIDENCE.
landlord's possession; dangerous agency Punishment. See CRIMINAL LAW.
on adjoining premises

609 Release; as affecting right of action for
Law of the case. See APPEAL.

death

788
Legislature. See PARDON.

Street railways; frightening of horse by
Mines; effect of assignment of oil or gas

street car:-(1) Generally; (2) by bells,
lease:-(I.) Liability of assignor; (II.) lia-

gongs, and whistles: (3) by steam; (4) con-
bility of assignee
62 tributory negligence

481
Municipal corporations; municipal taxa. Subways. See ELECTRICAL USES.

tion of rural lands within the limits of the Taxes. See also MUNICIPAL CORPORATIONS.
corporation:-(I.) Validity of exemption or Imprisonment for nonpayment

654
discrimination in rates; (II.) construction Telegraphs; limits for delivery of tele-
of statutory exemption or discrimination;

grams

431
(III.) right to repeal exemptions; (IV.) Trespass; imprisonment for debt in case of 641
validity of taxation of farm lands; (V.) Trusts. See BANKS.

power of courts; (VI.) what property is Walls. See BUILDINGS.
34 L. R. A.

GENERAL INDEX

TO

OPINIONS, NOTES AND BRIEFS.

(Separate Index to Notes precedes this.)

ACCIDENT INSURANCE. See INSUR- 3. The suggestion that a foreign insurance
ANCE, 10, 11.

company had no authority to do business in the

state comes too late on appeal to prevent the
ACCOUNT. See LIMITATION OF Actions, 1. enforcement of an assessment upon premium

notes. Warner v. Delbridge & C.Co. (Mich.) 701
ACTION OR SUIT. See also DEATH, 2,

4. The unconstitutionality of a statute
NOTES AND BRIEFS.

cannot be set up for the first time on appeal, as
1. A consolidation of several actions a ground of attack on instructions which were
against different defendants cannot be made given on other issues. Ros8 v. Hawkeye Ins.
under Colo. Civ. Code, S 20, which authorizes Co. (Iowa)

466
consolidation of causes of action which might 5. Objections to the litigation of a ques-
have been joined when they are in the same tion presented by the pleadings will not be
court and between the same parties.” Smith considered when first made on appeal. Greene
v. Smith (Colo.)
49 v. Greene (Neb.)

110
2. The assignee of a policy of a permanent Bill of exceptions.
insurance providing that the insurance com- 6. A certificate to the bill of exceptions
pany shall be “forever” liable to the assured stating that it contains all the evidence will
and his assigns may maintain in his own not be conclusive against statements in the bill
name an action for damages resulting from the to the contrary.

Id.
company's refusal to enter and allow the as.
signment of the policy as provided for therein. dence cannot be regarded as a bill of exceptions

7. A longband manuscript of alleged evi-
Marshall v. Franklin F. Ins. Co. (Pa.) 159

on appeal. Pittsburgh, C. C. & St. L. Ř. Co.
ADMIRALTY.

v. Redding (Ind.)

767
NOTES AND BRIEFS.

Review of facts.

8. A finding of fact by a jury on con-
Admiralty; imprisonment under orders of flicting evidence will not be disturbed on ap-
court in, as imprisonment for debt. 664 peal. Hall v. Manson (Iowa)

207

9. A general finding of fact in a case tried
ADOPTION. See PARENT AND CHILD, by a United States court without the interven-
NOTES AND BRIEFS.

tion of a jury cannot be reviewed by an appel-

late court. Rhodes v. United States Nat. Bank
ADULTERY. See HUSBAND AND WIFE, (C. C. App. 7th C.)

742
13.

10. Refusal to find facts material to sustain
ALIMONY. See APPEAL AND ERROR, 1, a defense, and which are established by undis-

Farmers' Loan &
2; HUSBAND AND WIFE, 15-17, Notes puted evidence, is error.

7. Co. v. New York & N. R. Co. (N. Y.)
AND BRIEFS.

11. The evidence will not be examined on
AMNESTY. See PARDON, NOTES AND appeal to ascertain whetber it was sufficient to
BRIEFS.

support the decision, when it is not all cor.

tained in the bill of exceptions. Greene v.
APPEAL AND ERROR.

Greene (Neb.)

110
1. Alimony, counsel fees, and suit money

12. A decree as to the mental capacity of
may be allowed by an appellate court as es-

one who enters into a marriage contract, ren-
sential to justice, and not as an exercise of origi. dered on sufficient but conflicting evidence,
nal jurisdiction, when on appeal in a suit to cannot be disturbed on appeal. Prine v. Prine
annul a marriage the wife is destitute while (Fla.)

37
the husband bas means wherewith to live and Grounds of reversal.
to litigate. Prine v. Prine (Fla.)

87 13. It cannot be assumed on appeal that
2. Proof in an appellate court to obtain an answers of witnesses were prejudicial when
allowance of alimony, counsel fees, and suit they do not appear on the record. Jackson v.

773
money, must be made in addition to the proof Jackson (Md.)
taken when a similar application was made to 14. An erroneous instruction which could
and granted by a lower court.

Id. | not have prejudiced the complaining party is

76

« ForrigeFortsett »