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INDEX-DIGEST TO ABSTRACTS, ETO.

423

127

384

PAGE. RAILROAD MORTGAGES..

351 after – acquired property

176 RAILROADS--receivers-appointment.

16 REAL PROPERTY - action to recover - res judicata...

351 RECEIVER-action by--partnership-insolvency 127 appointment-mortgage foreclosure..

350 exemption from garnishment....

223 national bank-action by-Federal courts..

349 railroads-appointment....

16 selection-oificers of corporation...

96 stockholders' bill for---railroad companies

208 RECEIVERSHIP railroad company

mortgage -foreclosure

240 REMAINDER-vested-will

109 REMOVAL-of causes.

96, 144 of causes- discontinuance after removal

48 of causes--right of intervener to remove

96 RES JUDICATA- judgment

96 action to recover real property

35) RIGHTS-denial of under Federal Constitution-Supreme Court.

79 RIGHT OF WAY- deed

126 SALE, CONTRACT OF- conflict of laws.

16 SALE-conditional sales SALE, FRAUDULENT--corporate stock-deceit, 223 SALE ON CONSIGNMENT

351 SALE ON EXECUTION-objections to appraisal. 176 SALE POWER OF- trust deed.

127 SALES-when title passes

240 SATISFACTION AND ACCORD failure to perform

239 SECURITY, INCONSISTENT waiver

- mechanic's lien

176 SET-OFF -judgment

384 SHIPPING breach of contract- admiralty.

383 STATUTE, MISSOURI-County warrants-limitation

287 STATUTE, WASHINGTON-mechanic's lien... 303 STOCK-corporate fraudulent sale of-deceit

223 power to increase corporation -estoppel transfer notice-corporations

175 STOCKHOLDERS, IDENTITY OF --- corporations...

175 STOCKHOLDERS, IN CORPORATIONS judgments

303 STOPPAGE IN TRANSITU -delivery.

192 STREET RAILWAYS-railroad company. SUBROGATION principal and surety..

79 SUICIDE insanity life insurance.

350 SUPREME COURT - denial of rights under Federal Constitution

79

30

ment.

PAGE MARRIED WOMAN-power of disposition

61 MASTER AND SERVANT-dangerous machinery-warning of danger..

256 injury-contributory negligence.

160 negligence-evidence....

127 MECHANICS' LIEN-community property.

79 railroad contractors..

239 waiver -inconsistent security.

176 Washington statute.

303 MINES AND MINING...

303 MONOPOLIES-trusts

400 MORTGAGE CHATTEL--fraudulent conveyance...

383 MORTGAGE--deed absolute....

126 foreclosure-conclusiveness of decree

303 foreclosure-appointment of receivers..

350 of growing crops-estoppel

49 of partner's interest...

256 railroad company-forecloure-receivership..

240 railroad foreclosure-right of redemption

351 trust deed-injunction. MORTGAGES-priority of judgments over.

303 railroad

351 railroad -after acquired property.

176 MUNICIPAL CORPORATIONS-contract

127 control of streets--change of grade

223 changing boundaries

95 limit of indebtedness,

210 restraining bond issue

109 revokable licence..

61 MUTUAL BENEFIT INSURANCE - application...

176 MURDER AND MANSLAUGHTER -criminal law..

349 NATIONAL BANKS-insolvency. -dissolution.. 208 NEGLIGENCE-contributory.

30 contributory-master and servant.

160 master and servant-evidence..

127 obstruction in street

383 passenger carriers

191 railroad companies.

350 NEGOTIABLE INSTRUMENT.

61 NEGOTIABLE INSTRUMENTS- alteration.. 319 notice of protest

141 NEGOTIABLE NOTE-indorser: demand of pay

160 NON-RESIDENTS-jurisdiction over parties-Federal Courts.

30 PARTITION-equity- Federal Courts

260 PARTNERSHIP-contract by one partner..

127 insolvency-action by receiver.

127 mortgage of partner's interest.

256 PARTNERSHIP OR LEASE

303 PARTNERSHIP PROPERTY - husband and wife...

32 PASSENGER-expulsion of-damages- carriers of passengers.

125 PASSENGER CARRIER duty to stop at station 18 PASSENGER CARRIERS --negligence...

191 PAYMENT-presumption of -limitations.

30 PERFORMANCE OF CONTRACT time.. 236 PLEADING-review on appeal.....

208 POSSESSION-adverse POWER OF SALE--trust deed. PRACTICE-criminal-record of conviction..

96 criminal--indictment- joinder of offenses

39 Federal Courts production of books and papers.. PREFERENCE-insolvent corporation. PREFERENCES assigoment for creditors.

insolvent corporation-conflict of laws... PRESCRIPTION- adverse possession

125 PRINCIPAL AND AGENT authority.

210 authority to sign notes.

400 truists.

319 PRINCIPAL AND SURETY bond -estopel.. 381

subrogation. PROBATE COURT -collateral attack judgment. 176 PROPERTY-community dedication.... community-mechanic's lien

79 partnership-husband and wife

32 trust following:

351 trusts following trust property.

333 wife's separate-husband and wife

oil PROSECUTION-malicious

11-1 probable cause.. PUBLIC CHARITIES -- exemption taxation... 319 PUBLIC LANDS grants. riparian rights..

17 homestead rights... jurisdiction-equity .

100 RAILROADS, STREET – corporation - lien of judgment.

173 RAILROAD COMPANY mortgage - -foreclosure receivership

» 10 street railway.

30 negligence..

330 stockholders bill for receiver.

205 RAILROAD FORECLOSURE-right of redemption..

331

30

TAXATION - exemption – public charities.

319 TITLE acquiring before suit – covenants.

256 covenant to give - default – vendor and purchaser. 256 to rest after grantor's death – deed..

287 when passes sales.

240 TRADE-MARK – unfair competition fraud of plaintiff

192 unfair competition simulation of label.

223 TRADE-MARKS AND TRADE-NAMES-infringements.

335 TRANSFERS OF STOCK notice

corporation....

175 TRESPASS - on land

79 TRIAL - by court - additional findings.

400 TRUST trustee of land.

48 combinations corporation

383 TRUSTS following trust property.

335 monopolies ..

400 principal and agent

319 following trust property.

351 TRUST DEED mortgage injunction

127 power of sale

127 TRUST FUND income execution..

126 TRUST AND TRUSTEE - Constructive trust 335 TRUSTEE AND TRUST -constructive trust. 335 TRUSTEE OF LAND -- trust

18

[blocks in formation]

TABLE OF CASES

REPORTED, NOTED, ABSTRACTED AND DIGESTED.

Bull v.

PAGE.

Page. Abney v. Moore 287 Farnsworth v. Mullen.

160 Agne v. Seitsinger.

383 Fidelity Insurance, Trust & Safe Deposit Co. v. RoanAbern v. McCarthy 126 oke Iron Co.....

223 Aldridge v. Elerick 256 Flannegan v. Chesapeake & 0. Ry. Co...

168 Allen v, Milwaukee Mechanics' Ins. Co.. 208 Fletcher v. McArthur..

176 American Ass'n v. Eastern Kentucky Land Co 260 Futch v. Palmer.

416 American Water Works Co. v. State.

351 Anthony v. American Glucose Co.. 175 G. A. Gray Co. r. Taylor Bros. Iron Works Co

16 Appeal of Chautauqua County Nat. Bank. 287 Garrett v. Boeing.

176 Appeal of Ferguson.. 30 George W. Merrill Furniture Co. v. Hill.

210 Ashburst v. Potter, 240 Gerber v. Gerber....

96 Atchison, T. & S. F. R. Co. v. Cameron

48 German-Investment Col. of N. Y. v. City of YoungsAtchison, T. & S. F. R. Co. v. Hughes. 192 town.

192 Aultman, Miller & Co. v. Holder.. 192 Gettysburg Nat. Bank v. Chisholm.

319

Glidden & Joy Varnish Co. of Ohio v. Interstate Nat. Bape v. Keefer.. 48 Bank of Kansas City.

400 Banker v. Henderson.. 239 Goodloe v. Memphis & C. R. R Co..

348 Barber v. Pittsburg, Ft. W. & C. Ry. Co 350 Gowdy v. Green.

399 Bishop v. American Preservers' Co® 383 Grand Rapids & I. R. Co. v. Butler.

127 Bjbjian v. Woonsocket Rubber Co.. 256 Graves v. Spurr.

192 Borgmeyer v. Idler 383 Green v. Mills..

400 Boston Šafe Deposit and Trust Co. v. Hudson. 303 Grimes v. Shirk

109 Bradley v. Sattler... 176 Groesbeck v. Marsball.

279 Brodrick v. Brown. 349 Gundlach v. Hamm.

208 Brown v. United States.

349 Buethner v. Ellinger. 144 Halsey v. Cheney.

319 ity of Quincy. 127 Hart v. Minchen.

350 Hartman v. Huntington.

416 Caldwell v. East Broad Top Railroad & Coal Co... 126 Heim v. Chapel..

383 Caples v. Texas & Pac. Ry. Co... 96 Hiller . Ellis

287 Central Trust Co. of N. Y. v. Chattanooga, R. & C. R. Horgan v. Zanette.

48 Co... 223 Hostetter vi Los Angeles Terminal Ry. Co.

256 Clark v. Canadian Pac. Ry. Co. 350 Hotchkiss & l'pson Co. v. Union Nat. Bank

175 Central Trust Co. v. Richmond, N. I. & B. R. Co 176 Houghton v. Puryear

32 Chemical Nat. Bk. of Chicago v. flartford Deposit Co. 208 Houston & T. C. Ry. Co. v. Daris.

416 City of Carlsbad v. Kutnow 335 Howe v. Minneapolis & S. S. Marie Ry. C'o..

214 City of Hastings v. Hansen.. 96 Hunter v. Shelby Iron Co..

303 City of Spokane r. First Nat. Bank of Spokane.

335 City of Tampa v. Salomson.. 109 Illinois Steel Co. r. Putnam..

208 Crockett v. Davis 48 In re lluntington

303 Clark v. Hill. 384 Ireland v. Globe Milling & Reduction Co..

277 Clark Thread Co. v. Admitage.

192 Cleamer v. Drovers' Nat. Bank. 383 Johns v. McKibben..

30 Comstock v. Clearfield & M. Ry. Co... 223 Jones v. City of Asheville

96 Contributors to Pennsylvania Hospital v. Delaware Co. 319 Coquard v. Indian Grave Drainage Dist... 400 Kanopolis Land Co. v. Morgan..

256 Crow v. Kimball Lumber Co... 239 Kearney Land & Investment Co. v. Aspin wall.

176 Cuervo v. Owl Cigar Co.. 223 Kenerson F. Colgan..

144 Curry v. Catlin . 287 Kieper v. Miller

223 Kirby v. Boyette..

61 Davis v. Caldwell, 256 Knox County r. Morton

287 Degnan v. Jordan.

160 Knudson v. Grand ('ouncil of Northwestern Legion of Dillon v. Oregon S. L. and U. N. Ry. Co.

Honor

176 Donnelly v. United States Cordage Co..

30 Douthitt v. McCulsky. 79 La Chapelle 1. Bubb.

350 Duffy v. Smith... 223 Lane v. Nelson

48 Dupont v. City of Pittsburgh.. 240 Lang v. Baxter.

400 Duryee v. U. S. Credit System Co.. 239 Lang v. Stansel

127 Larda Imp. Co. F. Stevenson.

30 Eager v. Whitney. 109 Leslie r, Leslie

48 Eaton y. Robinson. 192 Light r. Countrymen's Mutual Fire Ins. Co.

223 Eddy v. Granger. 61 Limburger v. San Antonio Rapid Transit St. Co

30 Edwards v. Thomas. 303 Linn. Davis

126 Ellenwood v. Chair Marietta Co. 80 Linn County Vat. Bank v. Crawford,

349 Ellis v. Kerr.. 384 Lowostein v. Evens.

400 Enterprise Sav. Ass'n, v. Zumstein. 274 Lucker r. Phenix Assur. Co. of London

79

16

PAGE.

PAGE. Manhattan Trust Co. v. Sioux City Cable Ry. Co...... 175 Sanders v. Racquet Club.

383 Manhattan Trust Co. v. Sioux City & N. Ry. Co 176 Sayre v. Sheffield Land, Iron and Coal Co.

256 Masterman v. Lumberman's Nat. Bk. of Stillwater": 127 Sayward v. Denny..

79 Mayor, etc., of Borough of Rutherford v. Alyed. 125 Schmidt v. Oregon Gold Mining Co

223 McClure v. Times Pub. Co 192 Scott v. Farmers' Loan and Trust Co...

240 McGrath v. Vananan... 240 Shaw v. Derecmon.

48 McHale v. Easton & B. Transit Co. 223 Shellar v. Shivers...

383 McMullin y. Hoffman 349 Shellenberg v. Fremont, E. & M, R. Co..

144 Merral v. Dobbins... 303 Simmons v. Burlington, C. R. & N. Ky. Co.

351 Merriman v. Chicago & E. I. R. Co. 16 Smith v. Jones...

126 Meyer v. People.... 46 Smith v. Loudon, Liverpool & Globe Ins. Co..

127 Montana Cent. Ry. Co. v. Migeon. 303 Smitheal v. Smith.

126 Moore v. Robbins.

335
Smythe v. New England Loan & Trust Co.

256 Moore v. Steljes. 350 South Omaba Nat. Bk. v. Wright..

79 Moore v. Taylor.. 208 Stacy v, Hammons.

383 Mullen v. St. John et al. 214 State v. Bargus.

223 Mundy v. Louisville & N. R. Co... 125 State v. DeBoy..

416 Murphy v. Battle 48 State v. McNamara.

96 Murphy v. First Nat. Bank of Cedar Falls. 126 St. Louis Trust Co. v. Riley

407 St. Louis & St. Fe Ry: Co. v. Bennett.

350 National Foundry and Pipe Works v. Oconto Water Co. 303 St. Louis Type Foundry v. Jackson,

48 Newman v. Commercial Nat. Bank of Peoria..

176 St. Paul, M. & M. Ry. Co. v. St. Paul & N. P. R. Co.... 176 Northern Pac. Co. v. Smith....

351
Texas & Pacific Ry. Co. v. Smith..

125 Oakland Home Ins. Co. v. Allen .. 208 The Nebraska

399 Olds Wagon Works v. Benedict.

96

The People of the State of New York ex rel. The Olmstead v. Distilling and Cattle Feeding Co.

96

Hecker-Jones-Jewell Milling Company v. Edward P. Orrick v. City of Ft. Wortb. 383 Barker et al..

296 Overman Wheel Co. v. Griffin. 127 The Shrewsbury

399 Thomson v. Shirley

350 Pacific Fruit Co. v. Coon.. 126 Tischler v. Kurtz..

127 Pacific Rolling Mills Co. v. James Street Const. Co.... 303 Travellers' Ins. Co. v. Redfield..

61 Page v. Chicago, etc., Ry. Co.. 239 Tug River Coal & Salt Co. v. Brigel.

126 Parker v. China Mut. Ins. Co.

256
Turner v. Houpt.

383 Pate v. McConnell..

256 Patch v. Morrisett.

127
Ulman v. Iaeger

141 Pennsylvania Company for Insurance on Lives and

Union Pac. Ry. Co. v. United States

144 Granting Annuities v. Philadelphia & R. R. Co 351

United States v. Flournoy Live Stock & Real Estate People v. Hammond.

384
Col, ....

400 People v. Powers..

384
United States v. Jones.

399 People v. Sheldon..

85
United States v. Thomas

350 People of the State v. Wm. W. McLaughlin.

75 Phoenix Ins. Co. v. Center, Tex..

126 Pile Driver E. 0, A.

390
Van Olinda v. Hall.

167 Pittsburgh, C., C. & St. L. Ry. Co. v. Russ.

125
Vermont Marble Co. v. Brow,

351 Price v. McKay.

126 Porter v. James..

79
Walker v. Coleman.

144 Weare Commission Co. v. Druley.

144 Raymond v. Keseberg. 384 Webster v. Bell..

175 Richmond & I. Const. Co. v. Richmond, N., I. & B. R. Webster v. Woolford.

192 Co 175 Werk v. Illinois Steel Co...

30 Ritter v. Mutual Life Ins. Co. of New York. 350 Westchester Annexation Cases..

181 Koberts Manuf'g Co. v. Schlick.. 382 Whetstone v. Crane Bros. Mfg. Co.

256 Roberts v. Wold.. 144 White v. Ewing...

126 Robinson y. Holst.

383
White v. Peabody.

191 Rogers v. Schneider. 192 White v. White.

191 Roggenkamp v. Roggenkamp 335 Wilson v. Ward Lumber Co.

126 Ross-Meehan Brake-Shoe Foundry Co. v. Pasc. Goula Wright v. Hutchinson.

247 Ice Co.. 383 Wright & Co. v. Hennessey.

104 Rouye, v. Carroll

61

THE ALBANY LAW JOURNAL:

A WEEKLY RECORD OF THE LAW AND THE LAWYERS.

A

had business at the licensing meeting. In an The Albany Law Journal. action of libel brought by the plaintiff against

the head constable in respect of his publication ALBANY, JULY 6, 1895.

of the above-mentioned objections, it was held

that the occasion of the publication was priviCurrent Topics.

leged. Lord Esher, in delivering the opinion [All communications intended for the Editor should be ad- of the Court of Appeal, says: “The resolution dressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions, or other

was passed, not merely that this book should be business matters, should be addressed to The Albany Law compiled, but that it should be compiled beJOURNAL COMPANY.]

cause it would be a useful assistance to the S has been remarked before in these col- , members of the court in the exercise of their

umns, the number of actions for libel, both judicial functions. But then the magistrates in this country and in England, seems to be in- passed another resolution to the effect that it creasing; while it is also a matter of note that would be of assistance to them, in exercising the number of verdicts recovered in these pro their judicial functions, that everybody who ceedings are proportionately decreasing yearly. should come before them, for the purpose of asThe proposition, therefore, seems to be that the sisting in that judicial operation, should bave a feelings of men are becoming more and more copy of this book. They therefore directed sensitive to statements made in the newspapers, the head constable to sell this book to all perwhile the average juryman, and more particu- sons who might apply for and require it in orlarly the judge, does not place much value on der to facilitate their business at the general the so-called “slights” which are alleged. An annual licensing meeting. When, therefore, the action which has been somewhat noised about head constable issued the book to persons, in the English papers is that of Andrews et al. whether counsel or solicitors, or parties who v. Nott-Bower. The facts of the case seem to cime before the magistrates for the purpose of be that the head constable of a city, acting un- assisting them in the exercise of their judicial der the directions of its watch committee and functions, he was, in my opinion, only doing magistrates, drew up a report containing a list that which the magistrates had the right of of all the public houses in the city in respect to commanding him to do, and which he was which a renewal of license was to be asked for bound to do. The order given to the constaat the approaching general annual licensing meet- ble was an order of the court, as to the mode in ing. Besides the names of the public houses, which its business should be carried on, and the report contained columns with dates and was an order given to one of its own officers. other details of information which would be what that officer did was, therefore, a thing useful to the magistrates at the licensing meet- done on a privileged occasion. There is no ing. It contained, among other things, oppo- evidence that he delivered this book to anysite the name of the public house, of which the body but those to whom he was directed to deplaintiff was licensee, the objections to the re- liver it, and, therefore, I think the occasion is newal of its license, notice of which had been | privileged, and under these circumstances this served by the police. Icting in accordance appeal must be dismissed." with the directions given him, the head consta Lopes, L. J., in his opinion, says: “There is ble sold copies of this report to persons who no evidence, as far as I can see, that the report

VOL. 52 - No. 1.

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