-

71. Malicious Prosecution Motive. When the facts are not in dispute. the questions whether there was reasonable or probable cause for the prosecution, and whether defendant was actuated by a malicious motive in making the charge, are for the Court.-Colgan v. Sullivan, N. J., 109 Atl. 568.

72. Marriage Cohabitation.-Reputation and cohabitation are not marriage, but circumstances from which marriage may be presumed. -In re Bisbing's Estate, Pa., 109 Atl. 670.

73. Master and Servant-Course of Employment. Where employe was killed by being thrown from an automobile furnished by the master to transport the employes to the place of work, his injuries arose out of and in the course of employment within the workmen's compensation act.-Dominguez v. Pendoia, Cal., 188 Pac. 1025.

74. Course of Employment.-Generally injury while going to or returning from work does not arise out of employment within Compensation Act.-Nesbitt v. Twin City Forge & Foundry Co., Minn., 177 N. W. 131.

75. Experienced Servant. Experienced railroad repair shop workman selecting handholds in climbing on engine assumes risk.Davis v. Chicago, B. & Q. R. Co., Neb., 177 N. W. 181.

76.- -Insurer.-A master is not an insurer of the safety, of the servants, and is required merely to exercise that caution which a person of ordinary prudence would ordinarily exercise in like circumstances, but if the appliance is of such character as to suggest a high degree of danger in its use, the degree of care and caution to be exercised increases accordingly.Stevens v. Hines, Wash., 188 Pac. 917.

77. Mechanics' Liens - Waiver. Mechanic's privileges; waiver of lien on building not waiver of right of preference to be paid out of fund in hands of owner.-Thompson v. O'Leary, La., 84 So. 116.

78. Mortgages-Attachment.-Attachment lien subject to prior unrecorded mortgage.-Bain v. Ullerich, Iowa, 177 N. W. 61.

Negligence-Inherent

re

79. Danger. As spects liability for injury to children, an object which is not obviously or inherently dangerous and has proved uniformly adequate, safe, and convenient may be further continued without the imputation of negligence, though it might be made safer at slight expense.-Nichol v. Bell Telephone Co. of Pennsylvania, Pa., 109 Atl. 649.

80. Proximate Cause.-A proximate cause of injury is one which, in actual sequence, undisturbed by any independent cause, produces the result complained of.-Boggs v. Jewell Tea Co., Pa., 109 Atl. 666.

81.- -Theory of. To constitute negligence, there must be a violation of a duty, imposed either through the relation of the parties or by statute-Fitzpatrick v. Penfield, Pa., 109 Atl.

653.

no

82. Nuisance-Judicial Notice.-Judicial tice is taken of injury to neighbors from raising hogs, but trifling damages create no liability.Royalty v. Strange, Tex., 220 S. W. 421.

83- -Special Damage-Landowner suffering special damages from pollution of well by industrial waste held entitled to sue.--Anstee v. Monroe Light & Fuel Co., Wis., 177 N. W. 26.

84. Officers-Removal.-The power to remove an inferior officer is, in the absence of statutory provision to the contrary, an incident of the power to appoint, and the power of suspension in an incident of the power of removal.— Burnap v. U. S.. U. S. S. C., 40 Sup. Ct. 374.

be treated as personal property and not realty. In re Hill's Estate, Pa., 109 Atl. 697.

86. Principal and Agent-Implied Authority. -Possession of note not implied authority to make contract other than evidenced by indorsement.-Outagamie County Bank of Appleton v. Tesch, Wis., 177 N. W. 6. and 87. Principal Surety Anticipating Breach. Secured party cannot anticipate breach, and make performance by principal impossible, and thereafter recover on bond.-U. S. Fidelity & Guaranty Co. v. City of Pensacola, U. S. C. C. A., 263 Fed. 344.

88. Assignment.-Consent by surety to assignment of municipal contract consideration for indemnifying bond.-United States Fidelity & Guaranty Co. of Baltimore, Md., v. George S. Schauer Co., Ind., 126 N. E. 860.

89. Paid Surety.-A corporation engaged in the business of suretyship for profit cannot successfully defend a suit by merely showing a change in the contract, as is the rule in ordinary suretyship, but must prove also that the change was material and prejudicial-City of Philadelphia v. Ray, Pa., 109 Atl. 689.

90. Sales Conditional Sale.-Conditional sale contract, not specifying time of payments, insufficient to give constructive notice.-Ford Motor Co. v. Maeder, Wis., 177 N. W. 39.

91. Counterclaim.-Where plaintiff agreed to sell defendants two lots of shirts, one to be shipped at once, and the other about two weeks later, if received, payment to be made within ten days, defendant cannot by counterclaim recover damages for plaintiff's failure to make the last shipment without showing performance on his part and payment.-Sunshine v. Furtick. S. C., 102 S. E. 784.

92.- -Damages.-In a buyer's action against seller for failure to deliver goods, the measure of damages is the difference between the contract price and the market value at the time and place of delivery with interest.-Seward v. Pennsylvania Salt Mfg. Co., Pa., 109 Atl. 617.

93. Lapse of Contract. If either party to a contract of sale not specifying time for delivery lets a reasonable time expire without demand, the contract lapses, and neither party can enforce performance.-Hurst v. Hill, Ore.. 188 Pac. 973.

94. Specific Performance-Judicial Supervision. Contract requiring continued supervision of Court will not be enforced.-Snyder v. Wilder, La., 84 So. 104.

95. Trusts-Naked Trust.-A trust to support a contingent interest in remainder is valid. though active duties are not imposed on the trustee. In re Field's Estate, Pa, 109 Atl. 677.

96. Vendor and Purchaser-Practical Construction. In case of doubt, practical construction by parties may be considered on intent.Gompert v. Frost, Iowa, 177 N. W. 71.

97. Water and Water Courses-Successive Injuries. A cause of action for damages occasioned by negligence in a structure not permanent because abatable by an expenditure of labor or money consistent with rightful use and maintenance of the structures arises at the time of the actual injury, and successive actions may be maintained for successive injuries. Chicago, R. I. & P. Ry. Co. v. Bahr, Okla., 188 Pac. 1058.

98. Wills Annuity.-Direction in devise of property, subject to annuity, to use income for society. means income above annuity.-State Historical Soc. v. Foster, Wis., 177 N. W. 16.

99. Contingent Remainder. A remainder limited to ascertained persons in esse after an estate whose termination does not depend upon uncertain event is vested, not contingent.— Burkley v. Burkley, Pa., 109 Atl. 687.

100. Fee.-A devise generally or indefinitely, with power of disposition, carries a fee.Bennett v. Sutphen, Pa., 109 Atl. 669.

101. Intention.-Presumption in favor of heir must yield to intent.-Godfrey v. Epple, Ohio, 126 N. E. 886.

102. Perpetuities.-Will violating the rule against perpetuities carried out so far as legal. -Bunting v. Hromas, Neb., 177 N. W. 190.

the

bar association meetings for 1920-when and where to be held, 254, 308, 360. announcement of 1920 meeting of American Bar Association, 48, 413. program of the meeting of the Alabama Bar Association, 179, 325.

program of the meeting of the Arkansas Bar Association, 396.

program of the meeting of the Georgia Bar Association, 396.

'announcement of the meeting of the Illinois Bar Association, 343.

program of the meeting of the Kansas Bar Association, 29.

program of the meeting of the New Hampshire Bar Association, 434.

program of the meeting of the North Carolina Bar Association, 433.

report of the meeting of the Alabama Bar Association,

433.

report of the meeting of the Virginia Bar Association, 450.

work for the judicial section of the Amerlcan Bar Association to do, 385.

validity of the Migratory Bird Treaty, 19.
how far can Congress or a state legislature
go in excluding duly elected representa-
tives, 73.
protecting trade name and good will in
prevention of price-cutting in resales,
151.

the constitutionality of the Constitution is
not a justiciable question, 152.
has the legislature power to restrict the
sale of the state's natural products into
other states, 154.
making the jury judge of the law and the
fact in respect to the defense of contribu-
tory negligence is constitutional, 167.
validity of ordinance requiring conductor
and motorman to operate cars, 169.
are women by reason of being voters en-
titled to sit on the jury, 205.

is the Constitution ever unconstitutional,
217.

should the executive power be separated
from the office of President and made re-
sponsible to Congress, 223.

validity of condition in deed against occupa-
tion by one not of the Caucasian race,
232.

limitations on power of a state to tax in-
comes of non-residents, 277.

restrictions upon resale of an article to pre-
vent price cutting, 282.

the analogy between the 18th amendment
and the amendment prohibiting slavery,
325.

right of manufacturer to bind retailer to
observe resale prices by contracts, 351.
limitations on the power to amend the
federal Constitution, 361.

can Y be constitutionally taxed to provide
a farm for X, 367.

constitutionality of moratorium laws, 403.
facts and fiction about the Constitution,
407.

state cannot prohibit actions on judgments
recovered in sister state, 423.

are non-residents entitled to exactly the
same access to courts as are residents,
439.

constitutionality of tax on incomes from
securities held in trust outside the state,
439.

CONTRACTS,

recovery of the value of stolen property by
action of assumpsit, 208.

validity of restrictions in restraint of em-
ployment unnecessary to protect the
promisee, 262.

the right to enforce agreements testamen-
tary in character, 280.

contract lacking in mutuality good as of-
fer, 323.

CORPORATIONS,

next step in the national control of cor-
porations, 113

disregard of corporate form where corpora-
tion is a mere convenience for handling
interests of tenants in common, 169.
non-par stocks, 170.

the ejusdem generis principle of interpre-
tation, 285.

preferential rights of shareholders, 353.
liability of directors of corporation for vot-
ing dividends in excess of profits, 388.

COUNTERFEITING,

necessity of alleging and proving intent in
prosecution for having possession of coun-
terfeiting dies, 96.

DAMAGES,

proof of injury where from failure to per-
form it is incapable of estimation, 306.

DEEDS.

validity of condition in deed against occu-
pation by one not of the Caucasian race,
232.

failure of "love and affection" as failure of
consideration, 421.

DIVORCE,

see MARRIAGE AND DIVORCE.

ELECTRICITY,

liability of electric railway for injury to
boy coming in contact with live trolley
wire, 314.

EMPLOYERS' LIABILITY ACT,

employe's recovery under Federal Employ-
ers' Liability Act as a bar to personal rep-
resentative's action, 185.

EQUITY,

the early administration of equity in this
country, 423.

ESTOPPEL,

is one who drew up a will estopped to re-
ceive the benefits of his own mistake,
298.

EXECUTIVE POWERS,

should the executive power be separated
from the office of President and made
responsible to Congress, 223.

EXECUTORS AND ADMINISTRATORS,

is gift of note to infant enforceable against
executor of maker, 86.

suits against executors for their negligence
in handling decedent's property, 387.

FALSE PRETENSES,

the mens rea in false pretense cases, 3.

FEDERAL EMPLOYERS' LIABILITY ACT,
see EMPLOYERS' LIABILITY ACT.

FIRE INSURANCE,

right of insurance company to subrogation
where insured's loss exceeds his recov-
ery, 187.

FLOTSAM AND JETSAM,

You Never Can Tell (verse), 105.

FORGERY,

liability of bank for failure to detect for-
geries when depositor does not verify
bank statement, 313.