References in heavy-faced type are to NOTES; in plain type to RECENT CASES; and in italicized type Death after seven years; pre- 90 sumption rebutted by actuarial Procedure: What constitutes an in- Presumption of divorce from former 653 spouse. Presumption that salary paid to a husband for managing wife's separate estate remains in busi- to statutory action after the pe- riod of statute of limitations. Joinder of principal and willful agent. See Parties; Pleading. POLICE POWER. For service on non-resident, see Con- jurisdiction over non-resident cor- Mannar and effect of service: ness from service as officer of Jurisdiction of equity: To restrain PROMOTERS. Specific enforcement of contract to Intervening causes: Intervention of negligent act of third party. 526 Existence and effect of presump- See under Mandamus and Quo War- ranto. fact: Recovery for benefits con- 761, 770 R RAILROADS. RESTRAINT OF TRADE. See Interstate Commerce; Carriers. Combination by agreements as to REAL PROPERTY. product or prices: How far a See Accretion; Statute of Frauds; Taxa- basis of illegality. 853-854 tion; Vested, Contingent and Future Contracts not to engage in certain Interests. business: Validity of contract between agent and principal. RECEIVERS. Monopoly: How far a basis of ille- such appointment is the sole gality. 8 30-83.4 object of the suit. 273, 289 Tests of validity of contract tending RENT. toward monopoly. See under Landlord and Tenant. * Trusts and combinations in RES JUDICATA. general: Combinations of labor: See also Judgments. how far illegal. 854-872 Persons concluded: Judgment of Good and bad trusts. 830-872 interpleader by garnishee as bar How far combination lawful. to action by judgment creditor 834-838 against garnishee. 86 Public policy in permitting com- 838-843 843-853 752, 770 References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type Sherman anti-trust law: Whether Limitation of the rule against a combination may be illegal solely possibility on a possibility. 294 843-854 Interests subject to rule: Estates RESTRICTION AND RESTRICTIVE expectant upon estates too re- Rule against limitation to unborn Accretions to servient tenement under generations in succession. same restriction as tenement it- Effect of enactment doing away with Compensation to owner of dominant tenement when servient tenement RULE IN SHELLEY'S CASE. is taken under eminent domain. Operation of rule on remainder to “issue share and share alike." " Bulk General nature and scope of equi- As to constitutionality of table relief: Denial of specific Rights and remedies of buyers: Right to relief on oral contract to Recovery for breach of implied make a will where promisee is in warranty after statute of limita- tions has run on implied or oral | STATES. Liability of states for torts committed Stoppage in transitu: Liability of 20-38 seller for freight after stoppage. 296 Contracts not to be performed within one year: Denial of specific performance of contract to reduce an agreement to writing. 402 Passage of title to grain lying in a Part performance: Effect of part SERVICE. performance of promise to support in return for promise to devise Manner and effect of service: Serv- See also Limitations of Actions. Service on non-resident unincor- See Death by Wrongful Act. porated association doing busi- Impeachment of statutes: Power 702-711 of administrative board to declare See under Easements. mixed ingredients within the labor union for violation of a law. Statutory principles in the common See Libel and Slander. 742, 771 Affirmative contracts: Enforce- See Corporations; Transfer of Stock. 263, 291 References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type Right of reimbursement of person induced by false representations to become surety; whether af- fected by discharge in bank- 812-828 Whether doctrines of suretyship apply to negotiable instruments. 141-158 Under the law merchant. 142-149 Under the negotiable instruments 149-158 TAXATION. to restrain infringement by the other. 91 mining ore in a leased mine. 526 See also Conflict of Laws; Telegraph and Telephone Companies. For Jurisdiction of Interstate Com merce Commission, see Interstate a corporation engaged in export Commerce. Defenses: Accident. 326, 327-33-4, Interpretation: Federal corpora- tion tax: allowance for deprecia- tion in leased mining property. Statutory authority to erect dan- Particular forms of taxation: Tax For torts in particular relations, see the passage of the law. 193 Nature of tort liability in general: Powers of legislature: taxation: Absolute liability and liability for fault: in what cases each exists. Validity and wisdo:n of absolute Franchise tax on corporation in- Suggested changes in the classifi- Inheritance tax non-resident 319-334, 409-429 partner's interest in local partner- classification of the subject. TEACHING OF LAW. The term tort' as at present used. TELEGRAPH AND TELEPHONE. Fault as an element in torts: defini- tion of the fault required. 258-262 Child injured by wild animal in Recovery for mental anguish due Recovery by person falling from to negligent non-delivery of inter- vestibule of train where he had been seen by the conductor cling- Destruction of will leaving a legacy Choses in action: partial assignor by trespassing wire. 519 metes and bounds. 403 TRADEMARK AND TRADE NAMES. Right of one co-owner of a copyright Protection apart from statute: References in heavy-faced type are to Notes; in plain type to RECENT Cases; and in italicized type Failure to comply with state stat-TREASON. ute as bar to relief against unfair Jurisdiction: punishment for breach of allegiance committed abroad. List of customers: Use by former TRIAL. Modes of trial: Proceedings in camera: right of court-martial to See also Injunctions; Constitutional TRUSTS. See also Executors and Administrators. Cestui's interest in res: Right of cestui to compel exercise of dis- cretionary power of conversion. TRANSFER OF STOCK. Creation of validity: Validity of trust with condition contrary to Jurisdiction to determine ownership public policy. of stock in foreign corporation. Creditor's rights under trust's 486, 516 deed: Trust deed purporting to Right of transferee of certificate is- securing joint rights as security sued in excess of charter limit of for claims held severally. 524 185 Following trust property: Recovery Right of vendor of stock, untrans- of property similar to that wrong- ferred on books, to charge broker, fully converted. acting for and assigning to an un- Powers and obligations of trustees: disclosed principal, for calls on Obligation to prefer one sort Interference with another's selling In general: Failure to comply with system. Limitations of the rule against a See under Vendor and Purchaser. possibility on a possibility. 294 VENDOR AND PURCHASER. VOLUNTARY ASSOCIATIONS. Remedies of vendor: Vendor's lien Jurisdiction over foreign associations given to beneficiary in contract of by presence and substituted serv- VESTED, CONTINGENT AND FU- Revival of association after incor- poration and subsequent dissolu- See also Rule against Perpetuities. Contingent remainders: effect of Trade unions: recovery of treble dam- Law against a labor union. 263, 297 uses. 220-240 Unincorporated associations: legal status in general. 678-636 References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type WAR. tingency not imported into de- Confiscation of neutral ships for carry- termination of the class. Execution: Attesting witnesses: Constitutionality of war emergency proof of execution of lost will 663-675 where attesting witnesses Enemy property; shipment from known. enemy country where title passes Probate: Effect of probate of will part of which has been maliciously The code of maritime neutrality. 627 Enjoining probate of will made in breach of specifically enforceable In sales of personal property, see Sales. Conveyances and contracts: Con-WITNESSES. veyance of easement for pipe in return for privilege of using hy- Competency in general: Compe- drant creating a servitude on the tency itself depending on main pipe line and water system. 297 Surface waters: Liability for ac- Effect in criminal trial in federal celerating flow by artificial de- courts of former conviction in Miscellaneous questions of privi? See also Rule against Perpetuities; lege: Privilege of non-resident witness from service of process. Interests; Legacies and Devises. Construction: Application of rule Privileges against self-incrimina- in Shelley's case where remainder tion: Constitutionality of stalute is left to “ issue, share and share requiring operator of motor car who has injured a person to return Deduction of extinguished note from to the scene of the accident and legacy under set-off clause. 298 From what time does a will speak? WORKMEN'S COMPENSATION Gift to a class on a contingency: con- See under Master and Servant. |
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