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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-
mormonism, independent on, Tennessee statute pro-
New York State Bar Association, notice of annual
Nicaragua treaty, assertion of rights of U.S. in conti-
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-
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
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...
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
Relwof, misleading noms de plume..
Rodgers, Mr. Arthur,good advice to graduating law-
salaries of the bench, Mr. Jones on.
Session laws, 1777 to 1801, inclusive, bill for republica-
Shylock and Antonio, contract between contra bonos
mores, Lord Bramwell on
State Bar Association, noteworthy remarks before,
by Mr. Elliott F. Shepard
statutes, possible misconstruction of..
statute, omission of chapter 489, Laws of 1879.. 501
Story's Equity Jurisprudence, mangling of in English
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
Supreme Court, summary statement of business of
for October term, 1884..
"tardiness of justice, the," Judge W. L. Learned
tax-coupon cases, decision of U. S. Sup. Ct. In Vir-
"Texas Court Reporter," new legal periodical.. 441
text-books, law and points not always gained from. 162
text-books, Mr. Clement Bates on
"The Jealous Mistress," address by James O. Pierce
before Tennessee Bar Association..
titles, Virginia Law Journal on shortening forms of. 201
Traffic in Litigation," Central Law Journal on 301
vacation," disagreement ol judges as to meaning
Waite, Chief Justice; indecent speculations upon
his possible death...
Webster, Daniel; portrait and notice of, in Century
Wharton, Dr. Francis; appointment of, as legal ad-
visor to State Department
Wharton, Dr.; wisdom of State Department in se-
lection of, so learned a jurist....
whipping; brutal enforcement of law in Maryland. 501
wills, construing of.
DALY, J. B. on married woman's liability on contract 187
DEBT, Mr. Titus bill for abolition of, imprisonment
DENSLOW, Prof. Van Buren on treatment of crim-
DILLON, ex-Judge, on "Iteration in Law"
DWIGHT, President, on the Field and Throop Codes 481
ERRATA "Instructions as to Domicil".
ERSKINE, ex-Judge, unprecedented honor to
EXTRADITION; interstate, Guy C. H. Corliss on,
FEDERAL DECISIONS, Myers'; value of the
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.
Grinnell, N. Morton, on the new divorce law in
HAMILTON, Dr. Frank H., on medical expert testi-
Alex, theories of finances.
HAMMOND, Dr., on hanging, a pleasant mode of
HAWKINS, Eugene D., on attorney's liens upon the
cause of action...
HAYES, J. Noble, on Senator Titus' non-imprisonment
HEAD-NOTES, distinction between "catch-lines"
HOADLEY Governor, on codification.
HOLLS F. W., paper on Franz Lieber by..
HOLMES, Judge Oliver Wendell, on the Bench and
HOPKINS, J. H., on the code or chaos....
INDIANA, retirement of Supreme Court commission 461
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.
LAWSON, John D., on rules as to the privileges of
144, 183, 244, 264, 323, 344, 383, 408
LAW-SUIT, a feudal...
LAWS, Session, 1777 to 1801 inclusive, bill for publica-
LAWTON, General, constitutional question in case
of appointment of.....
LAWYERS in President's Cabinet.
should draw their own conveyances..
some facts about their tools....
a feudal law-suit..
a short plea for a code..
attorney's liens upon the cause of action, Eugene
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.......
delivery not always essential to a gift, Guy C. H.
divorce, the new law in France, M. Morton Grinnell
marriage, Guy C. H. Corliss on presumption of
presumption of, Guy C. H. Corliss on
married woman's liability on contract, J. B. Daley
may a husband sue his wife for salary? John Brooks
extradition, Ham v. State, 4 Tex. App. 645; Samuel
T. Spear on
extradition —, the case of Norton, Samuel T.
Husband and wife, household agency of, David
important instructions in relation to citizenship,
domicile and marriage, correspondence between
Dr. Wharton and attorney-general.
Inter-State Extradition, Guy C. H. Corliss on.. .4, 24
Jurisdiction of courts of equity of wills, Augustus A.
jury reform, Henry T. Terry on.
lost wills, Charles Z. Lincoln on ...
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,
Reed on the statute of frauds ...
rules as to the privileges of witnesses, John D. Law-
144, 183, 244, 264, 323, 344, 383, 403
Senator Titus' non-imprisonment bill, J. Noble
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
trial by jury as it is and should be
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..
LITIGATION, traffic in, Central Law Journal on 301
LONDON letter, our..
LORD LYTTON'S letters, injunction restraining
LYON, W. H., on "the Dakota plan"..
MANSION HOUSE, sketch at....
"MARRIAGE, French law of," Mr. Kelly's..
MAXWELL, Ed. J., on void grants of land held ad-
MC MASTER'S history of the people of the United
"MIGNONETTE" case, Lord Chief Justice Coler-
idge's opinion in..
Arizona; methods of courts of..
Ex-Judge Dillon's address at Saratoga..
important decision concerning innkeepers...
Judge Van Brunt, denouncement of by J.
NEW YORK letter, our
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
law journal, two new ones
anecdote by Judge Wallace of Cal..
legal information and grammar of N. Y. Tribune.... 440
Hon. Amasa J. Parker, Albany Argus on....
Paxson, J., commencement of opinion by, in case of
Packer v. Noble..
punishment for smiling in church..
receptions to Mr. Evarts and David Dudley Field in
POMEROY, John Norton, death of; work on equity
PARMENTER, F. J., verses by, on David Dudley
PARKER Hon. Amasa J., Albany Argus on
PERIODICALS, new, Texas Court Reporter' 441
PHELPS, Minister, first after-dinner speech in Eng-
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.
Ohio Supreme Court commission.....
Oregon Supreme Court..
Pennsylvania Supreme Court.... 17, 34, 178, 298, 398, 457
Rhode Island Supreme Court..
Texas Commission Appeals..
Texas Supreme Court..
United States Circuit Court. 14, 96, 117, 136. 215, 292,
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...
Wisconsin Supreme Court..
235, 274, 318, 336, 418
RECENT ENGLISH DECISIONS.. 19, 437, 519
REVISION OF STATUTES AND CIVIL CODE.
Names of Committee on...
WALLACE, Ex-Chief Justice, on working of code in
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.
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-
YATES, Edmund, imprisonment of, for society libel, 10
ABSTRACTS, CASES IN FULL AND NOTES OF CASES.
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
Neglect to present claim within time; right to share.. 218
ATTORNEY. Allowance out of fund; power of
CARRIER. Baggage; when liability ceases; burden
Connecting; fire in warehouse; liability....
BAILMENT. Bailee may show that ballor has as-
signed his title..
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-
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-
CEMETERIES. Easement or fee; alteration by
city: rights of owner..
CERTIORARI. Motion to quash dented; order ap-
CHALLENGE TO ARRAY. Irregularity; "beer;"
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
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,
1882; regulation of commerce: Chinese immigration, 276
Art. 9. §7; municipal corporation; ultra vires; judg-
Conspiracy; protection of citizens; R. S. § 5508; in-
Contract to construct railroad; ultra vires; rescis-
sion; equitable interference
Deprivation of property; State statute; overflowing
Eminent domain ;'damage; change of grade; incor-
poration before adoption of constitution
; public use; municipal bonds to aid private cor-
Ex post facto; changing punishment; reasonable doubt;
prisoner as witness...
Incorporation of villages; delegation of legislative pow-
Liquor traffic; removal from office; quo warranto is
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....
Intermarriage between whites and negroes.
Justices of the peace acting after seventy years of age, 89
Limitation; antecedent obligations..
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-
DEBTOR AND CREDITOR. Satisfaction of
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.
Delivery; voluntary settlement
Married woman; mistake in, cannot be reformed..
Must be signed..
Reformation; mistake; must be mutual; damages;
mining; unintenional trespass..
Void; executed by one not described as grantor
DURESS. Giving and paying note for intended de-
; release of doubtful claim
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
Benefit of third person; statute of limitations; costs;
interest on, from date of judgment...
Breach; damages; composition; action for damages
Carrying mail; assignment of claim; against govern-
ment. Rev. Stats., 88 3477, 3737...
Consideration; performance; relying on promise
Purchase of capital stock; replevin.
Stockholder; liability of, how enforced.
Fraudulent conveyances; mortgage; priority; ultra
Public officer; personal liability.
Public policy; agreement not to uphold will..
Restraint of trade.
Right of one not party to
Sale of land; rescission; rights of seller and purchaser 138
Services; quantum meruit..
Use of personal property; holding over no implied
CONTRIBUTION. Partnership; tenants in com-
CONVERSION. Demand and refusal to deliver
Title necessary; damages; breach of contract
COPYRIGHT. In judicial decisions
CORPORATION. Assignment of stock; creditor
President; no power to execute bond; judgment: re-
Election of directors; mismanagement; Rights of
New York Stock Exchange; members bound by con-
stitution, etc.; sale of seat; proceeds to creditors in
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.
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
Assignee of lease; liability for rent; runs with land.. 479
Easement; incumbrances; recording acts.
CREDITOR'S ACTION. Rescuers of debtor's
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-
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
Liquidated or penalty; profits
Bawdy-house; Code Crim. Proc. § 899, sentence...
; evidence of reputation
Conspiracy to rob; one committed murder, all guilty. 358
Evidence of age; "will be twenty-one years old
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-
See Indictment, Larceny.
CUSTOMS DUTIES. Household effects;" car-
riage used abroad; Rev. Stat. § 2505.
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..
Experts; hypothetical questions; credibility of wit-
Incompetent witness; waiver of objection; right of
court to suppress illegal.......
Letters; epileptic fits accounting for controdictory
Opinion of experts; when incompetent.
Parol to show lease in fact mortgage; mortgage on
See Assault and Battery; Bastardy; Embezzlement.
That object is likely to frighten horses...
EXECUTION. Replevy of property levied on;
Of judgment not restrained; injunctions........
EXECUTOR AND ADMINISTRATOR.
Counsel fee; divorce case; widow cannot suo for;
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........
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-
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...
INDECENT EXPOSURE. Public place...
INDICTMENT. Allegations; perjury; election law;
infamous crime 458
See Criminal Law.
INFANT Prochein ami; attorney; ratification...... 237
INJUNCTION. Consented to by mistake
May be contemptible, yet it is contempt to disobey it, 141
Judgment not enjoined; res adjudicata
Public officer; restraining exercise of powers..
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
registers are judicial officers;
Arson; sugar-house; pleading...
Joinder of offenses; when election not compelled;
Pleading public statute; judicial notices; public local
Referring to third person as unknown; bribery; evi-
tion of term; irregular...
Nonsuit no bar to second suit.
May not refuse guest from mere apprehension of in-
Railway conductor; when not guest.
INSOLVENCY. Preferred debts; construction of
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...
vacant or "unoccupied
Payment of premises; waiver..
Contained in;" knowledge; waiver..........................................
Alienation of property...
Fire; change of interest; admission of partner......
evidence of usage
; 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..
Masonic Aid Association: by-laws allowing change of
beneficiary; will does not change..
INTEREST. When agent liable for.
INTERNAL REVENUE. Information for for-
feiture; general verdict good.
JUDGE. Disqualification; relationship..
Impeachment of for abuse of discretionary power...
JUDGMENT. Entry on order of judge after expira-
Garnishment; non-residence of principal defendant;
Grantor's title from United States admitted, act of
1866, ch. 219
Local court; consent will confer..
LANDLORD AND TENANT. Disputing land-
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;
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..
Affixing seal without consent to lease for a year is im-
LARCENY. Description of owner....
Evidence; prisoner's possession of burglar's tools..
Recent possession; intent
LIBEL. Privilege; proceedings of legislative com-
"Wanted," E. B. to pay a drug bill........
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;
Administrator; insane person;
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..
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-
Commissioners of public works;
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-
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
Deed from husband to wife; creditors.
Divorce; adulterous marriage of plaintiff
; presumption of adultery; rebuttal; may show
decoying; duty of husband..
Husband and wife's joint estate; conveyance of; title
Husband and wife; partnership..
Husband not liable for wife's slander
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
MASTER AND SERVANT. Contract; term of
service; evidence; question for jury..
Course of employment; bailment
Evidence as to fitness of employee; jury cannot decide
"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
Railroad conductor and engineer not "fellow serv-
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
; 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
MISTAKE. Reformation of deed.
MONEY HAD AND RECEIVED.
Trust; sale of note