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EMINENT DOMAIN,

condemnation by railroad company of property
already condemned by another, 444.

EMPLOYER AND EMPLOYEE,

FRAUDS, STATUTE OF-Continued.

it in blank as a guarantor, it is a sufficient note
or memorandum within the, 445.

where bill for specific performance of contract to
sell land brought by the party who has not signed
the agreement, the filing and signing the bi
take the contract out of the statute of frauds, 48

GAMBLING,

validity of contracts as to, in Illinois courts, 223.
GARNISHΜΕΝΤ,

action will lie against one for maliciously garnisu
ing the exempt earnings of his debtor, 187.

GIFT,

from adopted child to parent not prima facie void

463.

GUARANTY,

of note by indorsement, 445.

HANDWRITING,

proof of, 362.

HIGHWAY,

whether a bicycle is a "vehicle" and subject to toll
on highways, 29.

the right of bicyclists upon the, 283.

HOMICIDE. See CRIMINAL LAW AND PROCEDURE.
HUMORS OF THE LAW, 40, 120, 138, 158, 177, 198, 216, 238
317, 369, 409.

HUSBAND AND WIFE,

under what circumstances a divorce terminates thi
estate of the husband by curtesy, 174.

right of the husband to curtesy in the land held be
him in trust for his wife and child, 174
contracts between for personal services, 434.

IMPEACHMENT. See WITNESS.
IMPRISONMENT,

for life, as a ground for divorce, 1.

INDIANA,

special verdicts in, under a new statute, 360.
INJUNCTION,

to prevent the maintenance of a nuisance, 37.
against boycotting by strikers, 337.

ex parte injunctions, 357.
restraining levy of tax, 358.

to restrain proceedings under a void judgment
399.

to protect the right to trade-name, 485.

INNKEEPERS,

lien of, on guest's baggage, 463.
INSANITY,

as a defense, 157.

INSURANCE,

clause providing that insurance policy shall be su
pended during time the premium note shall
main unpaid, may be waived by the insurer, 4.
what constitutes ratification of the act of an ins
ance agent, 291.

payment of premiums, 291, 293.

fraud as vitiating release of insurance policy,
INTERSTATE COMMERCE,

whether there is a federal common law governin
interstate shipments, 87.

INTOXICATING LIQUORS,

proof of illegal sale of, 389.
JACKSON, HOWELLE.

Mr. Justice, death of, 185.

JETSAM AND FLOTSAM, 58, 79, 119, 138, 177, 197, 236,
328, 348, 368, 408, 434, 456, 476.

contracts of service terminable by notice, 230.
EQUITY,

equitable conversion - the surplus proceeds of
mortgage sale of real estate as realty, 70.
the doctrine of equitable conversion, 209.
equitable conversion, 295.

relief from mistake of law, 476.

ESTOPPEL,

to claim damages for negligence, 244.
EVIDENCE. See, also, CRIMINAL EVIDENCE.

photographs as, 92.

identity of the place, 94.

identity of handwriting, 95.

admissibility of declarations of injured persons as
to suffering, 96.

circumstantial evidence in West Virginia, 107.

in an action for deceit in representing that de-
fendant had examined the title to mortgaged
real estate and had found it perfect, whereas
defendant knew there was a prior mortgage,
the latter may show that the words were not used
with the intention to state anything falsely and
explain what his understanding and inten.
tions were, 145.

distinctions of photography in evidence, 157.
declarations made by the plaintiff in suit for breach
of promise of marriage, to her parents, in the
absence of defendant, not admissible, 186.

under an ordinance making it unlawful for any one
to knowingly associate with persons who have
the reputation of being thieves, the bad reputa-
tion of the person associated with cannot be
proved by police officers as to what had been
told them, 264.

where a written instrument on its face shows that
it is a release of a cause of action against a rail-
road company for injuries, parol evidence to
show that it was given as a receipt for wages is
admissible, 352.

proof of handwriting, 362.

in general, 362.

by parol, 362.

by demands-indorsement, 363.

the res gesta of an accident, 397.

admissibility of declaration of injured female in
rape cases, 464.

EXECUTION,

levy of, by a successor to the sheriff to whom the
writ was issued, 246.

EXPECTANCY,

conveyance of an, 432, 433.

FEDERAL COURTS,

federal common law, 87.

fees of United States court officers, 263, 277.

appeal to the United States Supreme Court in
patent cases, 423.

FEDERAL OFFENSE,

liability for depositing non-mailable letters at the
solicitation of government officers, 2.

use of the mails by companies alleged to be lot-
teries, 301.

what constitutes threatening letters or dunning en-
velopes, within the meaning of the federal stat-
nte, 377.

FOREIGN CORPORATION. See CORPORATION.
FRAUD,

as vitiating release of insurance policy, 447.
FRAUDS, STATUTE OF,

the agreement between two creditors of a common
debtor that each will share the loss if any which
the other sustains on his claim against such
debtor, is a "promise to answer for the defect,
default or miscarriage of another person," 247.
when one not a party to a negotiable note indorses

JUDGMENT,

conclusiveness of foreign judgment, 67.
validity of judgment against deceased party, 151.
injunction to restrain proceedings undera vo
judgment, 399.

lien of, appealed from and dismissed, 477. -

JURY,

constitutional number of, 238.

JUSTICE OF THE PEACE,

liable in damages for injuries inflicted under co
of a judgment rendered by him with knowled
that the judgment was void, 168.

ANDLORD AND TENANT,

control of office buildings and their visitors by the
owner of the building, 127.

injunction against use of building by another tenant
as a breach of the covenant by the lessor, 148.
right to exclude agents from office building, 315.
farm leases and interest of lessee in the crop, 360.
landlord v. itinerant agents and bicycles owners,

408.

ARCENY,

consent in, 409.

AW BOOKS,

look Reviews, Digests,

Digest of the United States Supreme Court Reports,

39.

Pattison's Late Missouri Digest, vol. 2, 119.

American Digest, 1895, 399.

Book Reviews, Reports,

American Railroad and Corporation Reports, vol.
10, 39.

American State Reports, vol. 42, 40; vol. 43, 316; vol.
44, 389.

American Electrical Cases, vol. 2, 79; vol. 3, 296.

Book Reviews, Text Books,

Thompson on Private Corporations, 15.

Bishop's New Criminal Procedure, vol. 1, 59.
United States Internal Revenue Tax System, 59.

Clark's Criminal Procedure, 119.

Pingrey on Real Property, 296.

American & English Encyclopædia of Law, vol. 28
316.

Glenn's International Law, 316.

The Law Relating to Electricity, 328.
Laws of Religious Corporations, 328.
Thompson on Corporations, vol. 4, 329.
Webster on Naturalization, 349.

Van Fleet on Res Adjudicata, 350.
Boutwell on the Constitution, 389.
Brown on the Statute of Frauds, 409.
chouler's Domestic Relations, 409.

LAW REFORM,

uniform State legislation, 165.

delay in the administration of justice, 283.

LAW REPORTING,

enterprising publishers, 315.

comparative citation of reports, 349.
humor in reports of cases, 463.

LAWYERS,

ndependence of English lawyers, 138.
LEGITIMACY. See DESCENT AND DISTRIBUTION.

HEL,

nan action for, the fact that the publication was
due to carelessness, inadvertence or mistake, is
no defense, 54.

panitive damages for a, 54.

damages for injuries to the plaintiff's feelings in
actions for, 54.

in accusing educational institution of the teaching
■ of dancing, 197.

upon demurrer it is always the province of the
court to determine whether the words charged in
the declaration are libelous and whether in-
nuendos explaining them are fully warranted by
the language, 227.

words charging one with being an Anarchist,
whether libelous, 227.

lien of innkeeper on guest's baggage, 463.

FE INSURANCE,

presumption of suicide, 50.

the suicide clause in life policies, 267.

where the policy contains no suicide clause, 268.
where the clause used contains the word "suicide"

or its equivalent, without qualifying words, 268.
death resulting from accidents, 268.
construction of the clause, 269.
English doctrine, 269.
American doctrine, 270.

LIFE INSURANCE-Continued.

where the words "sane" or "insane" or their equiv
alent are used, 271.

construction of Missouri statute regarding defense
of suicide, 484.

MALICIOUS PROSECUTION,

action for the malicious prosecution of an ordinary
civil action, 449.

obiter dictum opposed to the action, 450.
decisions holding that such action will not lie, 451.
obiter dictum in favor of the action, 452.
decisions sustaining the action, 452.
conclusion, 453.

MANDAMUS,

the writ of mandamus cannot be used to compel a
municipality to pay damages for its illegal dis-
charge of an employee, 229.

to compel an inspection of the records by an al-
stractor of title, 170.

to compel postmasters to allow privileges of mail
withheld, 301.

to compel the holding of meeting of stockholders
of corporation, 426.

MARRIAGE,

where a woman induces a man to marry her by
false representations his cause of action is for a
personal injury and therefore the cause of action
does not survive against her estate, 344.

what is reasonable restraint of, 456.

MASTER AND SERVANT,

independent contractors and the liability for their
negligence-dangerous premises, 6.

contract of service payable in installments, 177.
contracts of service terminable by notice, 230.
liability of master for injury to servant in use of
dangerous explosives, 466.

MECHANIC'S LIEN,

in action to foreclose a mechanic's lien, if defend-
ant sets up acounterclaim growing out of the
same transaction the whole controversy is in
equity and defendant is not entitled to a trial by
jury, 5.

whether electric plant and wires are fixtures
within the provisions of the mechanics' lien law,
127.

mining machinery placed in a building erected on
land by persons working the land under a
miner's license does not become part of the land,

so that a mechanic's lien would attach to it, 206.

MISSOURI,

criticism of a Missouri decision, 98, 138.
a new point in appellate practice in, 423.
criticism of decisions of, 423, 498.

MORTGAGE,

retroactive effect of State statute relating to the
sale and redemption of real estate on foreclosure,
68.

validity of provision for extra interest in case of
default in payment of the, 68.

the surplus proceeds of mortgage sale of real estate
as realty, 70.

provisions as to default in a, 118.

debt, note and mortgage as independent entities,
172.

unreasonable attorneys' fees in foreclosure of, 283.
MUNICIPAL CORPORATION,

liability of a, for torts by an officer committed in
connection with the performance of a public duty,
108.

does an alderman duly elected and qualified vacate
his office by removal from the ward in which he
was elected, 112.

validity of statute requiring one injured or dam
aged in person or property to file a statement of
such injury within six months from the date, 189.
salary having been paid by a, to a de facto incum-
bent of an office, cannot be recovered from the
municipality by the de jure officer, 229.

city ordinance making it a penal offense for any

NEGOTIABLE INSTRUMENT-Continued.

bank paying wrong bill-delay of drawee to notify
bank of forgery, 36.

drawer as payee whose indorsement is forged,
whether the guarantor of a note is bound by pa,-
ments made by the maker, so as to arrest the har
of the statute of limitations, 79.
collection of negotiable draft with restrictive

dorsement by a bank, 233.

a note reciting that it was given for "value re
ceived," may be shown to have been given to pr
vent a criminal prosecution, notwithstand:
recitals in receipt executed simultaneously whi
the note, that the note was given in settlement of
the claim of certain persons against a third per
son, 361.

effect of oral agreement on the part of the payes
not to transfer where the note is in the hands of
a bona fide holder, 398.

guaranty of note by indorsement sufficient to take
it out of the statute of frauds, 445.

NUISANCE,

injunction to prevent a, 37.
protection from noise, 79.

OBSCENE PUBLICATION. See CRIMINAL LAW AND

PROCEDURE.

OFFICERS,

liability of plaintiff in process for abuse of process
by officer, 265.

MUNICIPAL CORPORATION-Continued.

one to knowingly associate with persons who
have the reputation of being thieves, is an in-
vasion of personal liberty and void, 264.

under an ordinance making it unlawful for any
one to knowingly associate with persons who
have the reputation of being thieves, the bad
reputation of the person associated with cannot
be proved by police officers as to what had been
told them, 264.

where a city which is authorized by law to establish
a system of water works and to maintain the
same indefinitely, erects a dam for the purpose
of procuring a water supply, a property owner
who is injured by the erection of such dam may
recover damages both past and prospective, 288.
liability of water company which has made a con-
tract with the city to furnish water for property
destroyed by fire through its failure, 302.
destruction of nuisances by a health officer, 340.
legality of proceedings annexing territory to city
cannot be collaterally attacked, 424.
MURDER. See CRIMINAL LAW AND PROCEDURE.
NATURALIZATION,

federal control of State naturalization, 397.
NECROLOGY,

death of Mr. Justice Jackson, 185.

NEGLIGENCE,

independent contractors and the liability for their
negligence-dangerous premises, 6.
who are independent contractors, 6.
liability of owner or employer, 7.
liability of independent contractors, 9.
general liability of employer and contractor, 11.
admissibility of declarations of injured persons as
to suffering, 96.

the owner of a vacant lot upon which is situated a
pond of water or dangerous excavation, is not re-
quired to fence it or otherwise insure the safety
of strangers who may resort to said premises, not
by invitation but from amusement or curiosity,
207.

one who puts an elevator in a building which is
being used under his supervision and control,
but awaits acceptance until it is found in com-
plete running order, is not liable to a servant of
the vendee who while working not in connection
with the elevator is injured by reason of some
defect therein, 213.

liability of independent contractors, 215.
presumption of, from the facts, 244.
estoppel to claim damages for, 244.

the rights of bicyclists upon the highway, 283.
liability of the owner of a building for injury suf-
fered from the falling of a wall, 287.

an action for negligence by a street railway com-
pany, resulting in injury to a child, cannot be
defeated by proof of contributory negligence of
the plaintiff, who is the administrator, and at
the same time the father of the deceased child,
304.

contributory negligence, 315.

liability for damages caused by electric wire, 364,
367.

liability of counties for torts of employee, 386, 387.
liability of barber for loss of customer's hat, 463.
liability for injuries in use of dangerous explosives,

466.

NEGOTIABLE INSTRUMENT,

the payment of forged bill of exchange by drawee, 31.
payment of forged draft by drawee, 31.

situation of payee changed by delay in giving
notice of forgery, 32.

taking up bills for accommodation of drawee, 33.
drawee pays at his peril-notice of forgery, 33.
forged bills of lading accompanying draft, 33.
payment by third person for honor of supposed
drawer, at request of bank, 35.

loss incurred before drawee pays forged bill, 35.

OREGON,

criticism of a recent decision of, 283.

PARDON,

the effect of a, upon disqualification as a witness
for perjury, 273.

PARENT AND CHILD,

gift from adopted child to parent not prima facie
void, 468.

PARTNERSHIP,

one partner cannot maintain action for damages
against a vendee for partnership goods sold LE
by a copartner in fraud of plaintiff's rights, 14.
notice of withdrawal of partner must clearly ind.
cate his withdrawal, 454, 455.

partner cannot prove up against an insolvent
firm, debts due him in competition with creditors
of the firm, 454.

PATENT,

appeals to United States Supreme Court in patent
cases, 423.

PEDDLERS,

what constitutes a peddler within the law as to in
terstate commerce, 400, 407.

PENALTY,

an informer cannot maintain an action in his
name to recover a penalty unless authorized
do so by statute, 167.

PERSONAL INJURIES. See NEGLIGENCE.
PHOTOGRAPHS,

as evidence, 92.
distinctions of photography in evidence, 157.

PLEADING,

a counterclaim in mechanic's lien, 5.
points in common law pleading, 488.

POST OFFICE AND POSTAL LAWS. See also FEDERAL
OFFENSE.

mandamus to compel postmaster to allow use of
the mails withheld, 301.

PRINCIPAL AND AGENT,

agent authorized to sell timber, not authorized to
accept note in payment, 428.

PRINCIPAL AND SURETY,

liability of official bondsmen of office for unauthor
ized acts of a deputy, 444.
sureties on official bond liable for defalcation
principal after expiration of term while holding
over, 464.

PROCESS,

liability in damages for abuse of process in levying
on exempt property, 187.

liability of plaintiff in process for abuse of, by offi-
cer, 265.

PROCHEIN AMI,

the next friend-extent of authority to compromise
suit, 342.

QUERY, 158.

QUO WARRANTO,

an information in the nature of a quo warranto, filed
with the attorney general in the supreme judicial
court, to test one's right to a public office, is not
a controversy concerning property or a suit be-
tween two or more persons, within the meaning
of the constitution as to trial by jury, 303.

RAILROAD COMPANIES,

duties of, towards sick passenger, 91.

right of purchaser of section in sleeping-car, to as-
sign the use of same, 319.

where two railroads under a traffic contract are
operated together and their joint manager with-
out authority pays out of the joint fund money
for the improvement of one of the roads, an ac-
tion will lie against such road by the other for its
appropriation of the money so used, though the
contract under which they were operated was
ultra vires, 339.

where two railroad companies are jointly and
severally liable for injury to a person, a release
by such person of his right of action against one
of the companies releases the other, 382.

RAPE. See CRIMINAL LAW AND PROCEDURE; EvI-

DENCE.

RECEIPT,

conditions expressed in, 369.

RECEIVER,

the possession of a receiver pendente lite will be
protected by injunction against the levy and sale
of property in his hands under execution issued
by a court of co-ordinate judisdiction, 133.

RECORDING. See REGISTRATION.

REGISTRATION,

the "Torrens" system of land transfers in Illinois,
49.

right of abstractors of title to inspect public re-
cords, 170.

RELEASE,

where a written instrument on its face shows that
it is a release of a cause of action against a rail-
road company for injuries, parol evidence to
show that it was given as a receipt for wages is
admissible, 352.

where two railroad companies are jointly and
severally liable for injury to a person, a release
by such person of his right of action against one
of the companies releases the other, 382.
fraud as vitiating release of insurance policy, 447.
suit may be brought on insurance policy without
first bringing suit to set aside release claimed to
have been obtained by fraud, 447.

one suing on insurance policy need not before at
taching as fraudulent a release thereof restore
the consideration obtained for the release, 447.

RELIGIOUS SOCIETIES,

conclusiveness of the decree of an ecclesiastical
tribunal, acting within the bounds of its author-
ity, and the power of the courts of law to enforce
such decrees by appropriate proceedings, 284.

RESCISSION,

of settlement of claim made in ignorance of the
law and by fraudulent representations, 110.

of contract of sale of goods, induced by fraud of the
vendee, 224.

by principal of unauthorized contract of agent, 428.

RES JUDICATA,

the record of a judgment in a suit on several dis-
tinct claims, is not a bar to a subsequent suit by
the same plaintiff on one of the same claims,
where the record does not show that the claim
was adjudicated in such suit, but merely that the
other demands were determined in favor of the
plaintiff, 339.

RESTRAINT OF TRADE,

interpretation and construction of contract in, 494,
496.

contracts by physician to retire from practice in
favor of another whether enforceable, 494, 496.

SALE,

where goods are sold to be paid for in installments,
title to remain in the seller until payments are
made, and seller to have the right in case of de-
fault to treat the agreement as annulled, the
granting of more time by the seller, after a de-
fault, is waiver thereof, 168.

what constitutes a barter of goods, 186.

effect of a sale of goods on credit induced by fraud
of the vendee, 224.

rescission of contract of sale induced by fraud of
the vendee, 224.

as affecting the right of stoppage in transitu on ac-
count of the insolvency of the vendee, it is a ques-
tion for the jury whether transit had ended
where the vendee being unable to pay the freight
was allowed by the railroad to unload the cars
until he could pay the freight, 267.

SALE OF REAL ESTATE. See VENDOR AND VENDEE.
SCHOOLS AND SCHOOL DISTRICTS,

compulsory vaccination in the public schools, 263.

SALE,

the origin and uses of the common seal, 289.
SELF-DEFENSE,

the modern law of, 185, 295.

SHERIFF,

service of execution on land commenced by a
sheriff, may be completed by his successor by a
sale and conveyance of the land, without issuance
to him of the writ, 246.

SOUTH CAROLINA,

constitutionality of the registration law of, 1, 243.
SPECIFIC PERFORMANCE,

when bill for specific performance of contract to
sell land is brought by the party who has not
signed the agreement the filing and signing the
bill take the contract out of the statute of frauds,
487.

STOCK AND STOCKHOLDERS,

validity of stock subscription induced by fraud of
promoters, 252, 254.

STOPPAGE IN TRANSITU,

as affecting the right of stoppage in transitu, on ac-
count of the insolvency of the vendee, it is a
question for the jury whether the transit had
ended where the vendee being unable to pay the
freight was allowed by the railroad to unload the
cars until he could pay the freight, 267.

STRIKES AND STRIKERS,

injunction against boycotting by strikers, 337.
TAXATION,

shares of stock and capital stock of a bank are
separate and distinct property interests, and the
taxation of both is not double taxation, 209.

inheritance tax in Ohio and Illinois, 215.

the income tax decision, 236.

city situated on a branch and not a main line of a
foreign railway corporation engaged in business
involving interstate commerce cannot impose on
the company a license tax on the privilege of en-
gaging in business of a common carrier, 266.
injunction restraining levy on tax, 358.
constitutionality of direct inheritance tax law of
Ohio, 443.

direct inheritance tax laws in the various States,
483.

TENANTS IN COMMON,

liability of one cotenant for injury to property of
the other, caused by domestic animal, 3.

TELEGRAPH COMPANIES,

evidence sufficient to constitute a finding of gross
negligence in the sending of message, 89.
validity of conditions in telegraph blanks, 243.

TRADE-MARK,

how far cigar label of union workingmen is a, 75.
Individuality in trade devices, 429.

TRADE-NAME,

a tradesman by the adoption of the name "Me-
chanics' Store" may enjoin the use by another of
the name "Mechanical Store," 485.

TRESPASS,

liability for injuries inflicted under color of judg-
ment rendered by a justice of the peace, which is
void, 168.

one who commits a trespass under color of a
void judgment rendered by a justice of the peace
may be sued therefor jointly with the justice, 168.
by owners of cemetery in making illegal disinter-
ment, 446.

TRIAL,

impeachment of witness by stenographer's notes,
88.

"open court," 130.

impeachment of witness, 237.

special verdicts in Indiana under a new statute,
369.

"TRUSTS." See, also, COMBINATION.

VENDOR AND VENDEE-Continued.

the lien of a subsequent mortgagee who had
actual notice thereof, 128.

sale of real estate-equities of holder of option upon
destruction of premises, 209, 468.

judgment of ouster against the whisky trust, 107.
UNITED STATES,

claim of the, against the Stanford estate, 205.
UNITED STATES MARSHAL,

liability of, for unauthorized act of deputy, 444.
UNITED STATES SUPREME COURT,
death of Mr. Justice Jackson, 185.

USURY,

where there is no usury law, no contract can be
usurious, 154.

voluntary payment of money as under an unen-
forceable contract, cannot be recovered, 154.

compounding interest, 156.

discounting paper, 156.

borrowing through agent, 156.

who can take advantage of, 157.

VENDOR AND VENDEE,

a reservation in a deed of a lien on crops to be there-
after planted on the land to secure the purchase
money, is valid and entitled to precedence over

WATERS,

a water company which has made a contract with
a city to furnish water to extinguish fires, not
liable to the owners of private property destroyed
by fire through its failure to furnish water ac.
cording to contract, 302.

breach of contract to furnish water does not render
the company liable in tort to the destruction of
private property by fire, 302.

when a water company contracts with a city to
furnish water to extinguish fires, it does not un.
dertake a public duty which will render it liable
for the destruction of private property on breach
of the contract by failure to furnish water, 302,
liability of railroad company for diversion of sur

face water causing damage, 306.

one cannot collect the surface water into an arti
ficial channel or volume and pour it upon the
land of another to his injury, 306.
low-water mark on the shore of an inland lake as a
terminus of boundary is ordinary low water
mark, and not that of an exceptionally dry sea
son, 321.

WEST VIRGINIA,

circumstantial evidence in, 107.

WILL,

no witness can give his opinion that testator had
capacity to make a will, 228.

construction of, concerning the rights of heir or
legatee, 320.

WITNESS,

impeachment of the testimony of, by stenographer's
notes, 88.

impeachment of, 237.

under a statute providing that one convicted of
perjury shall be disqualified from being a witness
unless the judgment of conviction be judicially
set aside or reversed, a pardon by the governor
of one so convicted prior to the event to which
he testified removes the disability, 273.

WRITINGS,

construction of-restrictions of general terms by
particular recitals, 383.

general rules of construction-repugnant pro-
visions, 383..

conflict between general terms and specific pro
visions, 383.

recitals in release, 386.

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