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CURRENT TOPICS-Continued.

midship-mite the, and "ruler of queen's navee
Miller, Ernest J., essay by
misconstruction of statutes..

moral evil, its sources and remedies, D. G. Thomp-

son on..

mormonism, independent on, Tennessee statute pro-
hibiting..

New York State Bar Association, notice of annual
meeting of....

Nicaragua treaty, assertion of rights of U.S. in conti-
nental questions...

oaths, bill to allow

infidels, atheists," etc., to
testify in court, Central, I. J. on...
O'Conor, late Charles, notice of memorial of
portrait of and paper on in Century maga-

zine

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Page.

421
22
41

302

502

...

161

Phelps, minister, "'ovation "" to, in House of Lords 482
Phelps Mr., appointment of, as Minister to England,
agreeable to legal profession..
Phillimore, Sir Robert, London Law Journal on death
of...

262

162

383

plan for improving methods of legislation of New
York State, report of N. Y. Bar Association on. 282
playing ball on.....
politics, office-holder may actively participate in.... 122
priestly law-making, Judge Elliot on...
462
publication of criminal news, imposition of fine.... 502
punctuation, ambiguity in language cause of..
punishment of juror Munsell by Judge Van Brunt.. 461
relief of Court of Appeals, suggestion of double

41

court..

Relwof, misleading noms de plume..
Rodgers, Mr. Arthur,good advice to graduating law-
students

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salaries of the bench, Mr. Jones on.
Session laws, 1777 to 1801, inclusive, bill for republica-
tion of..

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Shylock and Antonio, contract between contra bonos
mores, Lord Bramwell on
State Bar Association, noteworthy remarks before,
by Mr. Elliott F. Shepard

462
222

281

421

81
41

statutes, possible misconstruction of..

statute, omission of chapter 489, Laws of 1879.. 501
Story's Equity Jurisprudence, mangling of in English
edition..

121

Sullivan and Ryan and Mignonette case, comparison
of English and American humanity.
Sunday, closing saloons on....
Supreme Court commissioners, retirement of Indi-

witness; treatment of, by General Butler.

words and phrases. "pass upon
Yacht Mignonette.
Journal to........

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ana.

461

Supreme Court, summary statement of business of
for October term, 1884..

442

"tardiness of justice, the," Judge W. L. Learned

on.....

422

tax-coupon cases, decision of U. S. Sup. Ct. In Vir-
ginia..

341
"Texas Court Reporter," new legal periodical.. 441
text-books, law and points not always gained from. 162
text-books, Mr. Clement Bates on
141
"The Jealous Mistress," address by James O. Pierce
before Tennessee Bar Association..

42

261

titles, Virginia Law Journal on shortening forms of. 201

Traffic in Litigation," Central Law Journal on 301
vacation," disagreement ol judges as to meaning
of

441

Waite, Chief Justice; indecent speculations upon
his possible death...

22

Webster, Daniel; portrait and notice of, in Century
Magazine..

161

Wharton, Dr. Francis; appointment of, as legal ad-
visor to State Department
Wharton, Dr.; wisdom of State Department in se-

242
461

lection of, so learned a jurist....
whipping; brutal enforcement of law in Maryland. 501
wills, construing of.

361
382
362
62

301
101

reference of Central Law

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241
282

DALY, J. B. on married woman's liability on contract 187
DEBT, Mr. Titus bill for abolition of, imprisonment

for

DENSLOW, Prof. Van Buren on treatment of crim-
inals

341
121
382

DILLON, ex-Judge, on "Iteration in Law"
DWIGHT, President, on the Field and Throop Codes 481

82
501

121

500

ERRATA "Instructions as to Domicil".
ERSKINE, ex-Judge, unprecedented honor to
EXTRADITION; interstate, Guy C. H. Corliss on,

402

.....

part II...
4, 24
FEDERAL DECISIONS, Myers'; value of the
work...
182

462

Page.

382

160

242

FIELD, David Dudley, on "Iteration in Law".
verses to by F. J. Parmenter
FINANCE, Alexander Hamilton's theories of.
FINANCIAL LAW..... .19, 35, 60, 78, 218, 379, 359, 517
FRAUDS, Reed on the Statute of
FREEDMAN, Judge, adjudges ex-Mayor Edson
guilty of contempt.....
graveyard, Gulteau, a.

285

Grinnell, N. Morton, on the new divorce law in
France.

HAMILTON, Dr. Frank H., on medical expert testi-
mony

··

Alex, theories of finances.
HAMMOND, Dr., on hanging, a pleasant mode of
execution..

421

304

HAWKINS, Eugene D., on attorney's liens upon the
cause of action...
HAYES, J. Noble, on Senator Titus' non-imprisonment
bill.

346

HEAD-NOTES, distinction between "catch-lines"

and.

202
141

HOADLEY Governor, on codification.
HOLLS F. W., paper on Franz Lieber by..
HOLMES, Judge Oliver Wendell, on the Bench and

101

Bar.

HOPKINS, J. H., on the code or chaos....

INDIANA, retirement of Supreme Court commission 461
INSURANCE law..
59, 257, 359

IOWA (see Recent American Decisions).

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""

LAW, a jealous mistress," address by James O.
Pierce, before Tennessee Bar Association....
LAW JOURNALS, propriety of, criticising decis-
ions of courts, by.

261

221

305

LAWSON, John D., on rules as to the privileges of
witnesses
144, 183, 244, 264, 323, 344, 383, 408
LAW-SUIT, a feudal...
LAWS, Session, 1777 to 1801 inclusive, bill for publica-
tion of.
LAWTON, General, constitutional question in case
of appointment of.....
LAWYERS in President's Cabinet.

281

362
281
441

should draw their own conveyances..
some facts about their tools....

84, 164

LEADING ARTICLES:

a feudal law-suit..

a short plea for a code..

attorney's liens upon the cause of action, Eugene
D. Hawkinson...

304
283

code or chaos, the, J. H. Hopkins on...
common words and phrases..

104, 204, 424
contract J. B. Daly on married woman's liability on, 187
delays of the law.......
483
delivery not always essential to a gift, Guy C. H.
Corliss on....
426, 445
divorce, the new law in France, M. Morton Grinnell

on.

44

166

66
206

marriage, Guy C. H. Corliss on presumption of
presumption of, Guy C. H. Corliss on
married woman's liability on contract, J. B. Daley

on...

may a husband sue his wife for salary? John Brooks
Leavitt on.....

extradition, Ham v. State, 4 Tex. App. 645; Samuel
T. Spear on
extradition —, the case of Norton, Samuel T.
Spear on..
Husband and wife, household agency of, David
Stewart on...
important instructions in relation to citizenship,
domicile and marriage, correspondence between
Dr. Wharton and attorney-general.
465
Inter-State Extradition, Guy C. H. Corliss on.. .4, 24
Jurisdiction of courts of equity of wills, Augustus A.
Levey on..

jury reform, Henry T. Terry on.
lost wills, Charles Z. Lincoln on ...

305
364

225
246
365, 385
106
127

187

64
444

125

my first case, a sketch at the Mansion House..
old cases revived, the trial of Lords Warwick and
Mohun for murder of Captain Coote..
presumption of marriage, Guy C. H. Corliss on pl. II,
106, 127
285

Reed on the statute of frauds ...

LEADING ARTICLES-Continued.

Page.

rules as to the privileges of witnesses, John D. Law-
son on....
144, 183, 244, 264, 323, 344, 383, 403
Senator Titus' non-imprisonment bill, J. Noble
Hayes on

346

signing a note or deed,Darwinically considered, John
B. Wood on

some more facts about lawyers' tools..

The English Solicitor, A. B. M. on.
the household agency of wife for husband, David
Stewart on...

trial by jury as it is and should be

206
504
486

64
402

Virginia coupon question, Samuel T. Spear on.
void grants of land held adversely, Ed. J. Maxwell on 325
LEAVITT, John Brooks, on husband and wife
LEGISLATURES and the Dakota plan".
LEARNED, Judge W. L. on the tardiness of justice.
LINCOLN, Charles Z., on lost wills..
.365, 385
LITIGATION, traffic in, Central Law Journal on 301
LONDON letter, our..
..38, 179

LORD LYTTON'S letters, injunction restraining
publication of.

LYON, W. H., on "the Dakota plan"..

205
.84, 164

224

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MANSION HOUSE, sketch at....
"MARRIAGE, French law of," Mr. Kelly's..
MAXWELL, Ed. J., on void grants of land held ad-
versely..
MC MASTER'S history of the people of the United
States.

"MIGNONETTE" case, Lord Chief Justice Coler-
idge's opinion in..

current number..

Arizona; methods of courts of..

Ex-Judge Dillon's address at Saratoga..

important decision concerning innkeepers...
Judge Van Brunt, denouncement of by J.
Beecher.

A.

NEW YORK letter, our

78, 438

NEW YORK STATE Bar Association; notifica
tion of meeting..

NOMS DE PLUME, misleading, Relwof..
NORTON case of; Samuel T. Spear on.
NORWAY, jury-system proposed to be adopted in.. 221
NOTES. American Law Review; leading articles of

66

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law journal, two new ones

500
200

anecdote by Judge Wallace of Cal..

200

legal information and grammar of N. Y. Tribune.... 440
Hon. Amasa J. Parker, Albany Argus on....

260

Paxson, J., commencement of opinion by, in case of
Packer v. Noble..

60

punishment for smiling in church..

340
420

receptions to Mr. Evarts and David Dudley Field in
New York..

160

100

205

121

101

402

POMEROY, John Norton, death of; work on equity
jurisprudence

..

444
362

325

482

36

.....

40
282

PARMENTER, F. J., verses by, on David Dudley

Field.

160
260

66

PARKER Hon. Amasa J., Albany Argus on
PERIODICALS, new, Texas Court Reporter' 441
PHELPS, Minister, first after-dinner speech in Eng-
land.

518

261

100

40
460

380

Page.
414

RECENT AMERICAN DECISIONS.
Illinois Supreme Court.....
Iowa Supreme Court..
18, 253, 294, 417
Kansas Supreme Court...
234, 800, 377
Maine Supreme Judicial Court..... .97, 138, 178, 255, 418
Maryland Court of Appeals.
98, 236, 433, 497, 516
Massachusetts Supreme Judicial Court....... 31, 296, 435
Michigan Supreme Court..
33, 856, 476
Minnesota Supreme Court..
118, 139, 318, 335, 367
Missouri Supreme Court..
137, 217, 254
Nebraska Supreme Court...
31, 29, 378
New Jersey Court of Chancery..
177, 476, 498
New Jersey Court of Errors and Appeal..
New Jersey Supreme Court.
32, 294, 475
New York Court of Appeals.. 13, 57, 75, 94, 116, 184, 155
176, 194, 212, 232, 251, 273, 290, 316, 373, 410, 455, 513
New York Court of Appeals decisions ...80, 100, 120, 140
200, 220, 240, 260, 280, 320, 340, 360, 380, 400, 460, 480, 500, 520
Ohio Supreme Court.
.197, 478
218, 378

Ohio Supreme Court commission.....
Oregon Supreme Court..
Pennsylvania Supreme Court.... 17, 34, 178, 298, 398, 457
Rhode Island Supreme Court..
Texas Commission Appeals..

833

Texas Supreme Court..
United States Circuit Court. 14, 96, 117, 136. 215, 292,

897,

515

United States District Court..
United States Supreme Court...

96, 117, 136, 215, 292, 515
75, 95, 135, 156, 196, 214
275, 317, 332, 355, 375, 895, 494
Vermont Supreme Court...
58
Wisconsin Supreme Court..
235, 274, 318, 336, 418
RECENT ENGLISH DECISIONS.. 19, 437, 519
REVISION OF STATUTES AND CIVIL CODE.
Names of Committee on...

102

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246

302

125

381
401
4.29

WALLACE, Ex-Chief Justice, on working of code in
California..
322
465

504

WHARTON, Francis, on important instructions in
relation to citizenship, domicile and marriage.
WHITEHOUSE, S. Stewart, on trial by jury as it is
and as it should be.
WITNESSES, rules as to the privileges of, John D.
Lawson on..
144, 183, 244, 264, 323, 344, 383, 403
WOOD, James, on agister's warranty of wholesome-
ness of pasturage.
WOOD, John B., on signing notes or deeds, Darwincl-
ally considered..
YATES, Edmund, imprisonment of, for society libel, 10

259
206

INDEX-DIGEST

ABSTRACTS, CASES IN FULL AND NOTES OF CASES.

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matters submitted...
What award must show
ARREST. Privilege of witness from; action for
damages does not lie; motion to discharge proper.. 139
ASSAULT AND BATTERY. Evidence; re-
puted wealth of defendant; instruction as to posi-
tive and negative testimony
ASSESSMENT. See Injunction.
ASSIGNMENT. Cause of action for tort....
Chattel mortgage; bona fide purchaser
ASSIGNMENT FOR CREDITORS. Error in

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acknowledgment..

423

Neglect to present claim within time; right to share.. 218
ATTORNEY. Allowance out of fund; power of

457

......

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137
416

332

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303
18
382
303

See Carrier.
CARRIER. Baggage; when liability ceases; burden
of proof
Circus train.
Connecting; fire in warehouse; liability....

VOL. 31.

499
415

BAILMENT. Bailee may show that ballor has as-
signed his title..
Fraud; agency
BANK. Transformed from State into National; right
to enforce contracts....

National; power to purchase real estate
BANKRUPTCY. "Fiduciary capacity; unau-
thorized sale by broker; request to submit to jury.. 290
Partnership creditors; partner assuming firm debts... 293
BANK AND BANKING. Deposit of note for col-
lection; sale

Authority of agent to certify checks...............
Negligence; collection of drafts
BASTARDY. Civil proceeding; preponderance of
evidence; charge: believing certain witnesses.. 257
BILL OF LADING. Title, when passes on ship-
ment.

390

337

255
478

395
348
410
415

103
35

14
197

TO

359
457

109

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297

CEMETERIES. Easement or fee; alteration by
city: rights of owner..
CERTIORARI. Motion to quash dented; order ap-
pealable
CHALLENGE TO ARRAY. Irregularity; "beer;"
presumed intoxicating

14

238

CHATTEL MORTGAGE. Execution and record;
mortgagor removing from State; laches in taking
possession; effect of recording acts..
Mortgagor in possession with power to sell; question
of fraud one of fact
Refiling; within thirty days
Sale; satisfaction; pleading.
"Shall deem himself unsafe;" conversion..
CHINESE EMIGRATION. See Constitutional
Law.
CITIZENSHIP. Fourteenth amendment; Indian;
allegation of petition..
CIVIL DAMAGE ACT. Extra-territorial effect, 183
CLOUD ON TITLE. Change of venue; void deed, 138
CONSTITUTIONAL LAW. Act of August 3,

75

1882; regulation of commerce: Chinese immigration, 276
Art. 9. §7; municipal corporation; ultra vires; judg-
ments; set-off
Conspiracy; protection of citizens; R. S. § 5508; in-
formation
Contract to construct railroad; ultra vires; rescis-
sion; equitable interference
Deprivation of property; State statute; overflowing

117

lands

370

Eminent domain ;'damage; change of grade; incor-
poration before adoption of constitution

15

; public use; municipal bonds to aid private cor-
poration

896

Ex post facto; changing punishment; reasonable doubt;
prisoner as witness...
71
Incorporation of villages; delegation of legislative pow-

216

26

492

142

Liquor traffic; removal from office; quo warranto is
civil proceeding

207

274
250

333

Police power; regulating and restraining trade.
Power to license; tax; regulating wash-houses
Prohibition against privileges; ferries.
Prohibition of cigar making in tenement-houses.....
Prohibition of manufacture or sale of an article in-
jurious to public health; oleomargarine....

434

283
99
58

515

118

334
478
478

46

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ers.....

357
255

Intermarriage between whites and negroes.
Justices of the peace acting after seventy years of age, 89
Limitation; antecedent obligations..
33

77

95

415
515
509
85

288

CONSTITUTIONAL LAW-Continued.

Public purposes; private property.
Regulation of commerce; license fees..
Statute to be construed in harmony with constitu-
tion; municipal corporation; subscription to rail-
road invalid; subsequent act legalizing.
Taxation; corporation; act of 1881, chapter 361; pen-
alty; interest...

287

Page.
DEBTOR AND CREDITOR. Satisfaction of
debt.
495
DECEIT. False representations as to appraised value
of the property..
DEED. Appurtenances; right of way; no reference
in deed; injunction; specific performance..
Condition; payment of debt should render void;
mortgage is not absolute conveyance in trust
Construed against grantor; when rule does not apply;
intent to govern; life estate or fee; power to sell;
discretion; may not be delegated.

212

198

197
102
300

Delivery; voluntary settlement
Married woman; mistake in, cannot be reformed..
Must be signed..
402

Reformation; mistake; must be mutual; damages;
mining; unintenional trespass..

197

237

Void; executed by one not described as grantor
See Covenant.
DURESS. Giving and paying note for intended de-
mand...

......... ........

356
455

; release of doubtful claim

236

Guaranty; consideration; statute of frauds; collateral 13
Mental capacity; burden of proof; evidence of im-
proper relations; number of witnesses
Novation; considertion; statute of frauds..
Parol evidence to explain; indorsement on envelope;
proof of custom

Personal liability of agent

; sealed instrument

Title of act; "removal" not "transfer".
Unconstitutional amendment to valid act; effect of...
See Municipal Bonds.
CONTEMPT proceedings in aid of execution; re-
fusing to pay money; imprisonment illegal..
Refusing to testify in family secrets..
What constitutes; habeas corpus...
CONTRACT. Architect; plans

mon

...

Benefit of third person; statute of limitations; costs;
interest on, from date of judgment...
Breach; damages; composition; action for damages
barred

Carrying mail; assignment of claim; against govern-
ment. Rev. Stats., 88 3477, 3737...
Consideration; performance; relying on promise

......

Page.

Purchase of capital stock; replevin.
Stockholder; liability of, how enforced.

.......

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Fraudulent conveyances; mortgage; priority; ultra
vires

Public officer; personal liability.

Public policy; agreement not to uphold will..
Restraint of trade.

449

Right of one not party to
Sale of land; rescission; rights of seller and purchaser 138
Services; quantum meruit..
To "satisfaction

212

357

acceptance.
Use of personal property; holding over no implied
contract; damages.
CONTRIBUTION. Partnership; tenants in com-

252

CONVERSION. Demand and refusal to deliver
Title necessary; damages; breach of contract
COPYRIGHT. In judicial decisions
CORPORATION. Assignment of stock; creditor

178
294
99
242

attaching.

..........

President; no power to execute bond; judgment: re-
ceiver.

435

Election of directors; mismanagement; Rights of
stockholders

897

292

.....

New York Stock Exchange; members bound by con-
stitution, etc.; sale of seat; proceeds to creditors in
exchange..

176

........ ·

475
294

Insanity: non-expert; Code Crim. Proc. 88 275, 284;
premeditation; intent; question for jury; guilt;
evasion and falsehood

Mortal blow in United States fort; death outside
Murder; co-defendant may testify..
-; evidence of previous assaults.
Preventing inquest
Rape; fraud....

156
457
99

96

416

476

156

255

217
514

418

458

Ultra vires; when cannot avail; recovery against one
joint contractor is bar to other
CORPSE. No property in human...
COVENANT. Against incumbrances; damages; to

to pay taxes

514

Assignee of lease; liability for rent; runs with land.. 479
Easement; incumbrances; recording acts.
17
CREDITOR'S ACTION. Rescuers of debtor's

goods.

495

What property may be reached by: title in third per-
son; consideration paid by debtor; resulting trust.. 412
CRIMINAL LAW. Wife as witness against hus-

band

DAMAGES. Aggravation of negligent personal in-

jury by predisposition to disease..
Condemnation of land for railway; fire; tramps.
Fraud by agent; purchase-price; false representations

as to

Liquidated or penalty; profits

448
155

Bawdy-house; Code Crim. Proc. § 899, sentence...

222

; evidence of reputation
Conspiracy to rob; one committed murder, all guilty. 358
Evidence of age; "will be twenty-one years old

COD-

482

19

clusive of infancy at time of trial.
False pretenses; Obtaining goods by; proof that the
goods were delivered on; the faith of.
Forgery; wife as principal; presumption of coercion;
evidence; Code Crim. Proc. § 399; testimony of ac-
complice...

116

32
7
299

252
463

See Indictment, Larceny.
CUSTOMS DUTIES. Household effects;" car-
riage used abroad; Rev. Stat. § 2505.

214

57

42

327

278

362

43

263
63

513
398

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Competency of witness; New York Code Civil Pro-
cedure, § 834; U. S. R. S., § 721; insurance; question
as to disease

Custom; of banks to accept checks as cash..
Declarations as to pedigree

Declarations by deceased ancestor as to age.
Declarations of grantor as against grantee; illegal evi-
dence not harmless; deed; reservation cannot be
proved by parol..
Dying declarations.
Experts; hypothetical questions; credibility of wit-
Incompetent witness; waiver of objection; right of
court to suppress illegal.......
Letters; epileptic fits accounting for controdictory
statements..

ness.....

274

177

278

23
266

Opinion of experts; when incompetent.
Parol to show lease in fact mortgage; mortgage on
future crop..

275

102

See Assault and Battery; Bastardy; Embezzlement.
That object is likely to frighten horses...
EXECUTION. Replevy of property levied on;

291

94
255

164

second execution...

Of judgment not restrained; injunctions........
EXECUTOR AND ADMINISTRATOR.
Counsel fee; divorce case; widow cannot suo for;
counsel may..
Demand; waiver..

Foreign; domicile; personality governed by law of
Purchase of interest of deceased in partnership; void-
able ratification; estoppel; married woman advance-
ment; interest on...
EXTRADITION. Comity; restoration of fugitive
brought into State without due process........

237
157

FEDERAL PROCEDURE.

Examination of;

party before trial; order of; State court; federal
court no jurisdiction; habeas corpus.....
FRAUD. False representation; solvency of bank;
purpose to deceive; question of fact...
Mortgagee with knowledge; mortgage void as to credi-
tors........

282

278

22

874
479

299

433
254
20
188

135
442
51
150

412
278

217
433

516
97
477

299

124

270

471

215
278

Party guilty of, not entitled to relief...
Rescission of contract; offer to restore; damages 255
Sale of land by one joint owner; asking more for his
share; error in charge...

95

See Bailment.

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19

INDECENT EXPOSURE. Public place...
INDICTMENT. Allegations; perjury; election law;
infamous crime 458

19

78

499

438

358

See Criminal Law.
INFANT Prochein ami; attorney; ratification...... 237
INJUNCTION. Consented to by mistake

when

binding.

262

May be contemptible, yet it is contempt to disobey it, 141
Judgment not enjoined; res adjudicata
256
Public officer; restraining exercise of powers..
235
Restraining collection of assessment; statute must be
followed; amendment; not as to void proceeding.. 497
Threatened trespass; rights established at law
INNKEEPER. Guest; taking room for purposes

17

registers are judicial officers;
Arson; sugar-house; pleading...
Joinder of offenses; when election not compelled;
intent; presumption...

.........

Pleading public statute; judicial notices; public local
laws..

Referring to third person as unknown; bribery; evi-
dence

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tion of term; irregular...
Nonsuit no bar to second suit.

of prostitution.

May not refuse guest from mere apprehension of in-
sult.

Railway conductor; when not guest.
INSOLVENCY. Preferred debts; construction of
statute.
INSURANCE.

297

Accident; payment of, premium;
presumptive notice; forfeiture; waiver..
Authority of adjuster; waiver of forfeiture
Form of policy; waiver of proofs of loss..
Loss; location of goods...
Premises "6
vacant or "unoccupied
Payment of premises; waiver..
Contained in;" knowledge; waiver..........................................
Alienation of property...
Fire; change of interest; admission of partner......
evidence of usage

176

; evidence that "fire-works" were part of stock:
certificate of nearest notary; action does not accrue
until gotiations closed....
General language of policy; special indorsements to
control; liability of company for loss...
Life, interest; supposed wife...
Marine; warranty of seaworthiness; condition prece-
dent to discovery..

233
283

232

Masonic Aid Association: by-laws allowing change of
beneficiary; will does not change..
"Widow"

253

151

117

INTEREST. When agent liable for.
INTERNAL REVENUE. Information for for-

135

feiture; general verdict good.
INTOXICATING LIQUOR.

Unlawfully furn-

ished...

377

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.....

........

JUDGE. Disqualification; relationship..
Impeachment of for abuse of discretionary power...
JUDGMENT. Entry on order of judge after expira-

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Garnishment; non-residence of principal defendant;
personal judgment...

Grantor's title from United States admitted, act of
1866, ch. 219

95

31

234

Local court; consent will confer..
LANDLORD AND TENANT. Disputing land-

357
414
480

Party dying after trial; entry nunc pro tunc...
Satisfaction of; following proceeds of property sold. 411
JUDICIAL SALE. Attachment; bona fide pur-

chaser: Code Civ. Proc., § 1370; execution must con-
form to statute..

Purchaser compelled to perfect title
JURISDICTION. Amount in dispute
Circuit Court; consolidated railroad corporation;
citizenship..

transfer of interest pending hearing; citizen-
ship; pleading; supplementary bill..
Foreign corporation; designation of agent on whom
process may be served..
Fourteenth amendment; class legislation; police
power of State..

lord's title; may show it has terminated..
Possession abandoned; lease not revived.
Tenant not liable for negligent destruction of prop-

erty by fire..
Working farm on shares; forcible entry and detainer;
statute; estoppel; denying landlord's title..

352

82
202

59
359
257
257

259

57
889
258
333
435

413
461

374

177

135

397

96

16

355

34

135
475

179
235

242

235

JURISDICTION-Continued.

Page.

Affixing seal without consent to lease for a year is im-
material

LARCENY. Description of owner....

Evidence; prisoner's possession of burglar's tools..
Recent possession; intent
LIBEL. Privilege; proceedings of legislative com-

mittee

"Wanted," E. B. to pay a drug bill........

See Slander.
LICENSE. Hall to use; may be revoked....
Irrevocable; making improvements on land..
Omission to execute bond creates no "vacancy;"
invalid license no defense....

To remove timber; assignment; chattel mortgage;
filing
Administrator; insane person;

LIMITATIONS.

statute 1872, chap. 85....
Adverse possession; tax deed by government..
Runs from discovery of frauds; lien of judgment;
bona fide purchaser; title rough unrecorded deed;
rights of purchaser

Statute; trustee of manufacturing company; covenant
to pay taxes
Presumption of payment..
Acknowledgment; Kansas statute; municipal debt...
Acknowledgment; part payment by joint promisor..
Proper inquiry under plea of..
See Agency.
LIMITED PARTNERSHIP. Contribution must
be in cash; may deal with special partner; changed
to limited; provision as to share of losses; omission
in notice; name of newspaper changed

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MANDAMUS. Adequate remedy; judgment of Cir-
cuit Court

Commissioners of public works;

company..
Public officer; when does not lie..
Treasurer to pay coupons; if it lies, injunction denied;
U. S. Rev. Stat. § 723.
MANUFACTURING CORPORATION. Lia-

bility of trustee under New York act..
MARINE INSURANCE. Payment of premiums;
delivery of policy containing receipt; ratification of
agent's acts: lex loci; general lien; unpaid pre-
miums
MARRIAGE. Acknowledgment; void divorce 30
Declarations to prove; sanity; opinion of non-pro-
fessionals; when avoided for mental unsoundness.. 377
Deed by husband to wife void

293

Deed from husband to wife; creditors.
Divorce; adulterous marriage of plaintiff

114
295

; dower.

178

476

; presumption of adultery; rebuttal; may show
decoying; duty of husband..
Husband and wife's joint estate; conveyance of; title
bond; equity.

255

Husband and wife; partnership..
Husband not liable for wife's slander

328
62
403

Necessaries; wife employing servant in family..
Wife separate estate; consent that husband may use. 378
Wife's property; acquisitions by purchase; by gift;
act of 1875
254
MASTER AND SERVANT. Contract; term of
service; evidence; question for jury..
Course of employment; bailment
Evidence as to fitness of employee; jury cannot decide
from sight.

"Fellow servant; " mining superintendent not
Injured brakeman; conductor employing surgeon
Liability for tort of servant; scope of employment
evidence; declaration of agent; res gesta; proof of
authority
Railroad conductor and engineer not "fellow serv-
ants

295

8
383

Negligence; contributary; carpenter on vessel
Qualification of servant; on trial; "discharge; ques-
tion for jury...
Risks of employment; conductor assuming control of
engine; injury to brakemar

58

33
294

ces

441

; personal injury; measure of damages
Matting across sidewalk, owner liable for consequen-
MECHANIC'S LIEN. How construed; service of
notice; director in " officer and agent'
Household estate; extent of lien
Municipal property; water-works; priority; sub-con-
tractor and surety of contractor..
MERGER. Foreclosure of mortgage does not merge
debt
MISTAKE. Reformation of deed.
MONEY HAD AND RECEIVED.
contract
Trust; sale of note

504
19
257

358

Breach of

342
83
436
517

195

414

138
18

137

514
513
77
48
334

233

63

178

478

396

374
197

97

408

34
223

HND

256

147
228

479
300

418

513

311

334

256

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