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

....

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

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

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........

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

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).

""

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 ...

...........

.....

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

......

....

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

acknowledgment..

423

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

457

......

........

137
416

332

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

359
457

109

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

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

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

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

..........

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

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

.....

........

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

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

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