Contracts presumed to be by parol, when, 109. Contract by publisher of daily paper to deliver so many copies to carrier, etc., void for uncertainty and want of mutuality, and not being in writing, void under statute of frauds, 588-9. See FRAUDS, STATUTE OF. Contracts with municipal corporation for public work. See MUNICIPAL CORPORATIONS. Between Husband and Wife.
Argument between husband and wife; rights of creditors, 95.
See HUSBAND AND WIFE, Breach; Performance.
Performance of contract by default of the other
contracting party; paper on, noticed, 367.
See SPECIFIC PERFORMANCE.
Praticular Contracts Construed.
Agreement for protection of sureties, 95. Memphis paving contracts, 207.
Lease of church property by church committee, when a nullity, 71.
Promise to pay in event of future contingency, 345.
Effect of covenant to convey when a certain build- ing is erected; covenant not a continuing one, 443.
Promise by A. to B. to pay debt due by B. to C., gives C. right of action, 458.
Evidence that C.'s debt was not in schedule, ad- missible, 458.
Hiring as a salesman;" duties; evidence to explain meaning of the word salesman, 536. Contract with claim agent for delivery of fees, construed, 575.
Cannot increase capital stock, 145. And see CRIMINAL LAW AND PROCEDURE. 458.
In Missouri, directors individually liable for acts done in name of, before articles are recorded with secretary of state, 143.
When answerable to stockholderss for exceding their authority; estoppel against stockholders for acquiescence and delay, 547. Foreign.
Where may be sued, 344.
Institution of Protestant Deaconesses no right to maintain asylum in Illinois, 421.
American Bible Society cannot take devise of lands in Illinois, 588. Insolvent.
Same; remedy under bankrupt act cumulative. Chandler v. Siddle, 341,
Insolvent state banks; appropriation of assets to pay indebtedness. Baring Bros. v. Dabney, Morgan & Co., 337.
Remedy by assignee in bankruptcy against stock- holders of insolvent corporation. Meyers v. Seeley, 451. Miscellaneous.
Property in membership of board of stock brokers, 460.
Transfer of bank stocks held in trust, 548. Illinois act for the formation of manufacturing and mining corporations, construed, 623. Sales by, of its real estate to stockholders for stock, void as against creditors, 575.
Charter of Missouri Loan Bank construed; right to lend money on personal security and pledge of goods and chattels, 167.
Denial of corporate existence in suits by; estoppel against defendant who has contracted with, 24, Appearance of, in suits against, conclusive evi- dence of corporate existence, 143. Deed of; Proof of execution, 369. How executed, 421, 483.
Taxation of, when cause has been removed from state court. Wolf v. Ins. Co., 301.
Right to compensation of keeper of attached prop- erty, 344.
Liability of attorney for stenographer's bill, 346. Costs will be adjudged against officials who resign to escape obeying writ of mandamus, 393. Attachment will not issue to compel plaintiff in equity, who has failed, to pay costs, 421. As to costs under amended bankrupt law, see BANKRUPT ACT.
Judge cannot certify (in Pennsylvania) that free- hold was in dispute, so as to give plaintiff full costs, after final judgment, 636.
When full costs do not follow without such certfi- cate, 636.
Establishment of, in German Empire, 396. COUNTER-CLAIM.
Code of pleading; counter-claims; some enquiries and suggestions, 615.
COUNTERFEIT MONEY.
Proof of counterfeits; recovery barred by negli- gence; estoppel; familiarity with legal tender; innocent takers of bad money in equal equity. Atwood v. Cornwall, 72.
COUNTY BONDS.
See MUNICIPAL BONDS. COUPONS.
Negotiability of, Smith v. Clark county, 5. Mode of declaring in suits upon. Kennard v. Cass County, 35-
Signed by one officer sufficient, if bonds are properly signed. Thayer v. Montgomery County, 365.
Jurisdiction of, see JURISDICTION. COURTS OF ERROR.
Some suggestions as to the manner in which judges should consult and prepare their opin- ions, 284.
Plaintiff may maintain several actions in, for differ- ent instalments, 575. CREMATION.
A legal objection to, 247.
Fleeing from justice; construction of act of Con- gress of 1790 (with note), II.
Discretionary power of fixing punishment, 39. The Virginia duel murder, 64.
Fine; imprisonment; power of court to correc erroneous sentence after sentence has been in
part executed. Ex parte Lange.
General finding of "guilty," where there are two counts, 576.
Right of jailor to intercept correspondence of pris- oner, 269.
Criminal responsibility for railway negligence, 578. Presumption from use of deadly instrument, 576. Conviction of assault and battery no bar to prose- cution for assault with intent to kill, 576. Offences under internal revenue laws may be prosecuted by information. United States v.
Statute authorizing informations in Illinois county court unconstitutional, 443.
Attempt to vote illegally indictable, 548. The criminal quæstion of Roman jurisprudence, 459.
Homicide; fatal wound in one state, death result- ing in another, 424.
Prisoner turning state's evidence; what agreements not to prosecute are binding, 345. Associating with thieves; validity of St. Louis or- dinance, 169.
Sentences upon information for misdemeanor con- taining several counts. People v. Whitson, 552. Amendment of record after close of term, Ibid, 552.
Criminal information under oath, cannot be amen- ded at trial, when, 575.
Prosecuting witness cannot be asked if he did not tell his wife that the prisoner acted only in his own defence, 576.
Nor can wife, though living apart from husband, be interrogated to prove such statement, 576. Papers introduced in evidence in murder trial may be taken to jury room, 352.
Froof of larceny of any single piece of money, will sustain indictment, 394.
Supreme Court of California will not hear petition for bail when prisoner has been tried and sen- tenced, until district judge has acted, 501. Exceptions, when neeessary to present question for review in criminal case, 343. Continuance of examination to non-juridical day; Misjoinder of counts; Evidence to show motive in the accused; Co-defendant in a criminal case, turning state's evidence waives his privilege of refusing to answer; Waiver extends to his coun- sel and all professional communications; Char- acter; Repudiation for veracity; Province of jury, 589,
What averment under Ala, code constitutes charge of grand larceny and not of burglary; what count charges burglary only; what charges both burglary and larceny. Bell and Murray v. State, 630.
Conviction for grand larceny and burglary had under one count carries but one punishment Ibid, 631.
Burglary and grand larceny not subject to doc- trine of merger. Ibid, 631.
Conviction of one of two felonies charged in sepa- rate counts of indictment; acquits of the other. Ibid,, 631.
This acquittal not impaired by judgment reversing conviction; and defendant cannot be again re- tried for the same offence. Ibid., 631. Jury returning such a verdict and discharged, operates as an acquittal. Ibid., 631.
When supreme court will order discharge of de- fendants from custody in reversal of judgment of lower court. Ibid., 631.
Assistant prosecuting counsel, 142.
Closing argument at trial, 142.
See also BURGLARY; HOMICIDE; INDICTMENT; LARCENY; RAPE.
CURTIS, MR. JUSTICE.
Sketch of, 477.
CUSTODY OF CHILDREN. See PARENT and CHILD. CUSTOM.
What custom will warrant captain of river steam- boat in binding owners for insurance, 625. DAMAGES.
Measure of, in case of a violation of contract by → government. Buckley v. United States, 62.
How affected by the war, the grantor being within insurrectionary lines at the time of the sale. Jarnette v. De Giverville, 226; University v Finch, 66.
See, WAREHOUSES.
EMINENT DOMAIN.
Opening streets through cemeteries; damages; suitable enclosures, 547.
Railroad not entitled to enter upon land in New Jersey without previously paying sum awarded, interests, costs, etc., 561.
Destruction of buildings to prevent spread of fires not an incident of eminent domain. Field v. Des Moines, 604. Legislature cannot authorize taxing of private property, without compensation first being made, 604.
Exercise of right of upon railroads, so as to make them highways on payment of toll, 527, 572, 609.
Power of one railroad company to condemn lands of another. Peoria, etc., R. R. Co. v. Peoria and Springfield R. R. Co., 45.
Form of decree under Illinois statute. Ibid., 45. Taking private property for public use; damages, when fixed, 209.
Power of town corporation to open street through block of land purchased and used for railroad purposes, 357, 410.
Taking land for railroads; damages where road is laid before condemnation. Cal. P. R. R. Co. v. Armstrong, 452; note, 453. Taking land for lateral railroads under Pennsyl- vania statute, 458.
Federal jurisdiction under enforcement act (April 20, 1871), over suits brought by a state in its own name against railroad, Decision by Mr. Justice Davis and Mr. Circuit Judge Drum- mond, 319.
Municipal indebtedness in, 360.
English judicature act, rules of practice under, 458.
Letters of Pelham from, see PELHAM.
Denial of matrimonial intercourse, when a ground EQUITY. of. Steele v. Steele, 60g.
Wife may maintain suit on note, the consideration
of which was release of dower. Syke v. Chad wick, 37.
Practice on death of defendant in ejectment with respect to widow's dower and quarantine. Kane v. McCoron, 114.
Assignec of dower may have it admeasured, 409. Assignment of, under Illinois statute, 420.
Is a vehicle; municipal taxation of, 61.
DRED SCOTT DECISION.
Nelson, Story, Taney, Stowell, 26. DURRELL, JUDGE.
His resignation and defence, 625.
Power of a court of equity which has obtained jurisdiction over a fund to distribute so as to do complete justice to all parties, 392.
In chancery cases, must follow allegations, 61. Books of account, 61.
Opinion of non-expert as to health, admissible,
dence in place of lost deeds, 637.
Declarations; actions; hearsay.
Actions speak louder than words," 602. Declaration, by person injured, to physician, of in- juries recently received, admissible, Harriman v. Stowe, 400.
Evidence of what defendant's wife said to him and his reply or want of reply, admissible, 545. Parol to vary contracts.
Parol evidence to vary terms of promissory note, 600.
Parol evidence admissible to show that absolute deed is a mortgage, 625.
Parol evidence to vary written instruments, 133. Experts.
Expert testimony not admissible to show that con-
veyance covers premises in controversy, 636. Expert testimony admissible to show that altera- tions were made at some time with body of in- strument, 625.
Evidence tending to show that the accused received stolen goods of another person, not admissible, 394.
Ried murder trial; circumstantial evidence; ad- mirable charge of Chief Justice Appleton of Maine, 219.
Circumstantial evidence in murder trials, 352. Photographs; judicial knowledge of uses of pho- tography. Udderzook's case. 352. Photographs of existing papers not admissible, 96, See also 159.
A remarkable case of circumstantial evidence- Udderzook's case, 50.
Habits of intoxication competent on question of identity-Udderzook's case, 352. Confession of distinct offence not admissible, 6. When evidence of commission of one murder may be given on trial of another, 381. Rape; immediate outcry, 13. Presumptive proof of guilt; burden of proof, 133, 548.
Homicide; character of the slain for violence. Fields v. State, examined..28, 172, 179. Can the character of the defendant be put in ev idence by the state? 29.
Testimony of defendants in criminal cases, 147, 184.
Party testifying for himself in criminal case not privileged to refuse to answer questions which would criminate him, 233.
See CRIMINAL LAW AND PROCEDURE; PRVI COMMUNICATIONS; DEPOSITIONS; JUDICIAL NOTICE.
Levy upon real estate; deputy sheriff cannot hold inquisition, 22.
Property seized under in custodia legis, 86. Restitution of money collected on judgment which is afterwards reversed, 358. EXECUTORY DEVISES. Limitation as to, 561. See WILLS.
EXECUTOR DE SON TORT. In Tennessee, 444.
In trustee's sale, not a defence in ejectment. Fer- guson v. Coward, 12.
Gross inadequacy of price, evidence of, 86. Allegation of facts constituting, 86.
Recission of contract because of; acquiescence, 86.
Fraudulent representations by agents; paper of Mr. Bigelow upon, 367.
Fraudulent title deeds; article from Washington Law Reporter, 480.
FRAUDULENT CONVEYANCES.
Voluntary conveyances not fraudulent, when debtor retains enough property to pay debts, 62.
Bill in equity to compel reconveyance, 344. Voluntary settlements not void per se, 367. Conveyance by husband to wife, when valid, 443. Sale by corporation of its real estate to stock- holder for stock, void as against creditors, 575. Fraudulent conveyee estopped to deny amount in bill of sale named as price, 588-9. FRAUDS, STATUTE OF.
Promise to pay debt of another, 61.. Original and collateral liability, 156.
Contract to convey made by agent need not dis- close name of principal, 368. Studies in the law of, 524.
compelled to sell his own share or purchase share of co-tenant, 532.
Can the owner claim two houses as exempt? 432.
Effect of, upon sales at auction, 380, 485. Memorandum in writing by entry in sales book HOMICIDE. by auctioneer's clerk, 485.
Assignment of lease from month to month, 482, 511, 533.
What proof in case of parol sales of land meet requirements of statute of frauds? 575.
FUGITIVES FROM JUSTICE.
Extradition of, 443.
Limitation of prosecution against, under act of Congress of 1790, 11.
GANSON, HON. JOHN. Death of, 515. GARNISHMENT.
Of express trustee, 221.
GERARD, JAMES W. Death of, 97.
GERMANY.
Public prosecutor system in; article in American Law Record noticed, 357, 473.
Of balance of account valid, 394.
From Husband to Wife, see HUSBAND and WIFE.
Summoning and selection of; article in Am. Law Rec., 535.
The grand jury system, 538. GUARDIANS.
Good faith in guardians and trustees, 343. Power of guardian and heirs to compel adminis- trator to pay over money on heirs coming of age, 501.
HALL, HON. NATHAN K.
Death of, 123.
HAMMOND DR. W. G.
Article by, on legal education and present state of the literature of the law, 292.
Article by, on the rule that the killing of a human being is not a cause of action, 622.
Laws relating to, how construed. Vogler v. Montgomery, 65.
Levy upon; notice to officer; appraisement. Ibid., 65.
Fraudulent conveyance of, not an abandonment. Ibid., 65.
Injunction to restrain sale of; cloud upon title. Ibid., 65.
Does the widow take a fee under the Missouri Statute? 85, 209.
Same; the Vermont Statute, 458.
Homestead laws of North Carolina not unconsti- tutional, 96.
Validity of homestead laws which operate upon existing contracts, 173; Cockran v. Darcy, 179. Same; opinion of Mr. Justice Simrall of Missis- sippi, 249.
The Virginia duel murder, 64. Mania a potu as a defence, 579.
Homicide by negligent driving; onus of proof,
Circumstantial evidence; force and direction of gun-shot wounds, 464.
Absence of intent to kill, not the characteristic of manslaughter, 535.
Gift from husband to wife fraudulent as against husband's creditors; gift of mortgaged prop- erty and payment of mortgage debts, 13. Wife's estate; husband's debts, 71.
Power of attorney executed by husband and wife, 207.
Married woman's law of Alabama; power of married woman to mortgage separate estate for benefit of husband. Mitchell v. Lippincott, 265.
Liability of husband for necessaries furnished wife; feme sole trader, 345.
Bankruptcy; articles of separation; effect of vol- untary conveyance from husband to wife, 357. Replevin by wife of property seized for husband's debt, 357.
Money borrowed by husband from wife, how re- garded after wife's death, 358.
Liability of husband's estate for income of wife paid him by a trustee, 408.
Purchase of land by husband with wife's money a resulting trust in favor of wife, 432. Assignments by wife to husband in consequence of mistake, etc., voidable in equity, 442. Husband's liability for wife's torts, 458.
When wife's personalty becomes her's by survi- vorship, 525.
Defective acknowledgment of wife's, deed does no permit husband's creditor to recover the prop- erty from the purchaser, 534-
Can actions at law be maintained between hus- band and wife? 561.
In Illinois, married woman suing for rent of her separate property, husband cannot join, 576. Married woman cannnot practice law. Re Lock- wood, 254; article in Alb. Law Jour., 431. Married woman's law of Alabama. Mitchell v, Lippencott, eriticised, 302.
Contracts of married women under the Mississippi statute; power to borrow money; liability of husband. Viser v. Scruggs, 313.
Liability of married woman to be made a bank- rupt, 336.
Wife's separate estate, 366.
Contracts of married women; article upon in Alb. Law Jour., noticed, 380, 458.
Capacity of married women to enter into mercan- tile partnership, 393.
Liability of married women on contract; articlc in Alb. Law Jour., noticed, 420. Coverture as an excuse for crime, 446. Wife in Pennsylvania may purchase and hold property against creditors of husband, 501. In Missouri, charges her separate estate by exe- cuting note, 168.
Arkansas homestead law, exposition of, 209. Abandonment of homestead by absconding bank-IDENTITY. rupt; wife and children remaining. Re Pratt, 290.
Abandonment of, further considered, 345. Michigan statute does not exempt undivided in- terest in land, 370.
Evidence of homestead right; deed executed after right is claimed to have attached, 370. Mortgage of undivided half interest valid, al- though unsigned by wife, 370.
When a mortgage is void as against the home- stead right, 370. Homestead in government lands; superior right of settler residing on homestead entry at date of cancellation of said entry, 408. Cancellation of homestead entries; subsequent valid entries, 458.
Are homesteads in the public domain subject to execution before patent issues? 534. Alienation of homestead by husband without con- sent of wife; remedy of wife. Williams v. Williams, 479.
Appraisement and setting off appraisement con- clusive as to value, 532.
In dividing, one tenant in common cannot be
Singular case of, 98. IGLEHART, HON. ASA. Articles by, 428, 471. IMPORTS.
Notice of government collector's liquidaiton o duties on imported goods, 420. Liabilities of obligor on warehouse bond, 420. IMPROVEMENTS.
Rights of party putting improvements on minor's land; stranger making improvements; consent, 560. INDIANS.
Descent and distribution among Wyandott Indi- ans; construction of treaties; reservations; Indian wills; devise of" float." Gray v. Coffman, 326. Cutting timber on Indian reservation, 333.
Indian reservations; treaty with Osages con- strued, 428.
Selling liquor to; what Indians prima facie mem- ber of Oregon tribes, 547-8.
Act of 1873 abolishing Indian superintenden cies
Want of, when not demanded, not error, when, JAILERS. 86.
INSURANCE, FIRE AND MARINE.
[As to Life Insurance, see LIFE INSURANCE.] In General.
Contracts with company in another state valid; regulation of foreign insurance companies, 589. Replevin of policy of insurance, 85.
Insurance company having failed, a company
which had re-insured certain of its policies might buy them in and set them off against the claim for re-insurance, 408.
Position of mortgagee who has insured his mort- gage interest, 431.
Contracts of insurance which operate retroactively, 458.
Secretary of company has power to notify policy- holder of cancellation of policy, 482. Fire.
Contract with broker; "binding receipt," 23. Of mortgage interest; assignment of policy, 23. Subrogation; assignment; action against incen- diary, in whose name brought. Alton Ins. Co. v. Hannibal, etc., R. R. Co., 206. Fire insurance contracts, how interpreted. v. Peoples Ins. Co. 214. Waiver of printed conditions in policy. Ibid.,
Insurance on family grocery with printed condi- tion against storing, using or vending spirituous liquors. Ibid., 214.
Retailing oil and liquors.
Proof of custom as to retailing, etc., spiritous liq- uors in family groceries. Ibid., 214. Prohibition against storing petroleum, 459. Misrepresentation as to amount of mortgage on insured premises, 412.
Note, collecting authorities on the above topics,
Bonds deposited with state treasurer by foreign insurance co.. not subject to attachment, 367 Insurer against fire not bound to disclose existence of void tax title on property. Cheek v. Insur- ance Co., 465.
Interpretation of policy; "is the mill leased or rented?" Ibid., 465.
Concealment of the fact that the title is in litiga- tion. Ibid., 465.
Effect of failure of agent to state facts known to him. Ibid., 465.
Company resting their defence upon one ground, confined to that ground. Ibid., 465.
Note by Melville M. Bigelow, Esq., reviewing the foregoing case, 467.
Right of, to intercept correspondence of prisoner, 269.
JOHNSON, HON. REVERDY.
Views of, on the Louisiana question, 488, 527. JOINT AND SEVERAL LIABILITIES.
Discharge of, one defendant in trespass for mesne profits, 23.
Same persons joint obligors and joint obligees on note, IIO.
JOINT STOCK COMPANIES.
Rights of assignee of stock in unincorporated company, 600.
Salaries of, 235, 383, 512, 561, Private communications with, 367. Politics and the bench, 435, 487, 550. Judicial dignity, 474. Judicial integrity, 487.
Something about judges, 551. JUDGMENTS.
Revival of, by scire facias, after seven years, 355. Presumptions in support of, 487; same subject, Galpin v. Page, 491.
Assignment of, on record, operates as notice, 561. Collateral attack of, 491.
The rule in regard to the collateral attack of judg- ments stated and discussed at length by Mr. Jus- tice Field, Ibid., 491.
Judgments can only be impeached collaterally for fraud or collusion, 575. See FOREIGN JUDGMENTS. JUDICIAL NOTICE.
Courts will take, of the fact that county seat is within county, and will so inform jury in a crim- inal case, 513.
Will take judicial notice of uses of photography. Udderzook's case, 352.
Sales of land under execution; title of innocent purchaser and of purchasing creditor. Vogler v. Montgomery, 65.
Execution, sales at court-house, Kane v. Mc- Cown, 114.
By sheriff after expiration of term of office, Ibid.,
Amendment of sheriff's deed, Ibid., 114. Delivery of, when presumed, Ibid., 114. Equity will not order sale of doubtful interest, Sutherland v. Lake Superior, &c., Co., 127.
When equity will sell mortgaged premises, Ibid.,
Sheriff's deed takes effect by relation, etc., 142. Sale under paid judgment void, 207.
What court may compel sheriff to amend his deed. 143.
Chancery sales; opening the biddings, 367, 535 Sheriff's sale under void judgment. 392. Application of proceeds of sheriff's sale; pric liens must be discharged before costs accruing prior to issuance of fi. fa,, 501.
What interest passes by sheriff's sale of leased premises, 576.
Verbal agreement by purchaser at sheriff's sale to hold premises in trust for defendant, a # dum fictum, 625.
Pecuniary limit; writing two claims so as to give Smith v. Clark County, 5.
Jurisdiction of a court to perfect an appeal by taking bond, after the passage of the law abo ishing such court, 122.
Is a person responsible to the municipal tribunals of one country for acts committed while acting as the executive head of another, 135. What court may order amendment of sheriff's deed, 143.
A court of equity cannot aid defective execution of statutory power, 143.
Liability of assignee in bankruptcy to be sued a state courts, Leighton v. Harwood, 147. Of courts to award mandamus against governor of a state, People v. Badgely, 299. Compare, 401, 627.
State decisions, how far. binding upon federal courts, Mitchell v. Lippencott, 265, 302. When chancery court in Tennessee will try action of ejectment, 444.
Jurisdiction acquired by publication, or, in suits in rem, by seizure of property, 491. Of federal courts,
In respect of municipal taxation, 14. Possession of officer of state court cannot be inter- ferred with by federal court. Townsend v. Leon- ard, 69; Appleton v. Bowles, 135. Contest between federal and state court for pos session of property of insolvent. Re Glenham Mfg Co.. 100; notes and queries, 108. Right of national banks to sue in federal courts not controlled by judiciary act, 367; compare, 232.
Power of supreme court justice to sit out of his circuit. United States v. Louisville & Portland Canal Co., 101.
Practice of federal courts, with reference to juris- diction of state courts; power of federal courts to order matters litigated in state courts, Sutherland v. Lake Superior, &c., Co., 127. When federal circuit court will entertain bill to sell mortgaged property. Ibid., 127. State decisions on the laws relating to municipal securities, how far binding on federal courts. Thomas v. Scotland County, 216. Jurisdiction of federal court to entertain bill in equity by national bank to restrain illegal col- lection of taxes. National Bank v. Douglas County, 257.
United States courts have jurisdiction of actions of forcible entry and detainer, 483. Whether the rulings of the state courts on a question of jurisdiction conclude the federal courts. Galpin v. Page, 491.
Federal supreme court will not review state court on question of confederate money and contracts against the laws of war, Stevenson v. Wi- liams, 300.
Federal court does not lose jurisdiction by techni cal dismissal so that state court may appoint receiver, 548.
State court will not award injunction against officer of federal court. Chapin v. James, 540. Relation of federal courts to the state courts; right of the federal courts to enquire into the jurisdiction of the state courts, 491. Allegation of jurisdiction in federal circuit court, where a citizen of one state, endorser of inland bills, drawn or accepted by a citizen of anoth- er, sues the drawer or accepter. 549. Jurisdiction of federal circuit court for district of Iowa, to compel Union Pacific Railroad Com- pany to operate its road as required by law. United States v. U. P. R. R. Co., 566. Whether a state law conflicts with state constitu- tion, and construction of such law, are ques- tions exclusively for state tribunals, 576. In actions ex delicto the sum laid in declaration 15 criterion of jurisdiction, 600. Power of the judiciary to control the official acts of the officers of the state government, 627.
JURISPRUDENCE OF MASSACHUSETTS. Article upon, by Hon. Francis Hilliard, 556.
Right of; how far judge may control jury, 296. Same; case of Susan B. Anthony,334, 367. Substantially abolished in New Hampshire in civil cases, 532.
Federal circuit court cannot determine issues of fact without consent of jury, 549. Some ideas about jury trial, 588. Qualification of jurors, etc.
Deposition being taken to be read in each of three
cases; the jury that tried one is incompetent to try the others, 61.
Disqualification of jurors in criminal cases on ac- count of impressions derived from reading newspapers, 367.
Effect of the wrong man getting on a panel by mistake, 443.
The jury system; editorial, 487.
A new plan for getting good juries in the South; letter from Hon. R. A. Hill, 532.
When juror is competent whose opinion is found- ed upon rumors, 548.
Act of Congress reinstating entry, 47. Spanish grants; land within tide water, 72. Conveyance of ancestor's title, 146.
Entries made on public lands before proclamation of sale invalid, 146.
Limitation does not run against grant till patent issues, 393.
Congressional land grants to railroads; whether the land reverts ipso facto on failure to perform conditions subsequent, 411. Osage ceded lands in Kansas, 423, 425, et seq. Cancellation of land patents at suit of government. United States v. L. L. & G. R. R. Co., 425. Forfeited land grants; extent of land opened for settlement, 434. Conflicting grants; lines extending boundaries of counties, 444.
Pre-emption of government lands, 457.
Patents; legal mode of ascertaining in land office what are the proper and necessary recitals in a patent about to be issued, 457.
Rights of United States before issuance of patent, 601.
Land not taxable before patent issues, 601. Rights of assignee of land warrant fraudulently procured. 601.
Government not estopped to deny validity of fraudulent land warrant, although in hands of innocent holder, 601.
State selections; effect of; abandonment of, 635. Pre-emption claim defective for want of citizen- ship; intervention of advance right, 637. LANDLORD AND TENANT.
Liability of tenant's surety where tenant holds over, 23.
Notice to quit, when not necessary, 143. Wrongful eviction form part of demised premises excuses lessee from paying any of the rent, 576. What constitutes an eviction, 576.
Distinction between acts of trespass and acts of eviction, 576.
Lateral and subjacent support, 561.
LAPSE OF TIME.
Notice to widow of partition presumed after twenty years, 600.
Editorial comments on the practice of admitting students on the faith of the diplomas of law schools, 320, 423, 342, 550.
Letter from Dr. Hammond on the same subject, with editorial comments, 390.
The model law school; Prof. Woolsey's opinion of what a law school should be, 411.
Letter of Judge Bliss with editorial comments, 4II.
Pennsylvania congratulated upon having but one, 487.
Article from the Western Jurist upon, 573. Letter of Juvenis upon, 354.
Course of, recommended to a student in law office, 444.
Materials for the science of the law, 535.
The prejudice against, 283.
The lawyers of ancient Rome, 444. Female lawyers, 487.
Assurance associations for lawyers recommended, 515.
Compensation of; Champerty, 572. Lawyers as legislators, 201.
LAWYERS' LIBRARIES.
A suggestion as to keeping them together, 634.
Bears interest, when, 22.
Right of Legatee to sue in another state, 23. See WILLS.
LEGAL EDUCATION.
Legal Education and the present state of the liter- ature of the law, 292. See LAW SCHOOLS.
See SLANDER AND LIBEL. LICENSE.
To build railroad on one's land. Baker v. Rail- way Co., 509.
Of boarding-house keepers; when it attaches, 234. When the lien of a trust deed will have priority over a landlord's lien for rent, 636.
Effect of representations by agent that notice of accrued premiums will be given. Morey v. New York Life Ins. Co., 139.
Validity of payment of premium to local agent when no receipt has been forwarded to him by the company. Ibid., 139.
When a tender made to a local agent will prevent a forfeiture. Ibid., 139.
Wilful exposure; death while horse-racing, 207. Action on life insurance contracts; who may sue. N. A. Life Ins. Co. v. Wilson, 291. Insurable interest; father and son, 345. Construction of the words "die by his own hand" in a policy, 357.
Construction of a life insurance endowment pol- icy, 380.
Life insurance frauds, article on, in Isrish Law Times, noticed, 408, 431.
Life Insurance Law and Legislation; article in Irish Law Times noticed, 431, 458. Policy not avoided by failure of company to com- ply with law regarding corporations, 433. Failure to pay premiums avoids policy, when, 433.
Waiver of forfeiture by agent; burden of proof 433.
Failure to return premium notes, 433. Avoiding life policies on account of injurious hab- its; article noticed, 524.
Endowment policy construed with regard to time when premiums must be paid, 524.
Condition in policy that surgeon-in-chief of com- pany shall decide whether insured did not die of intemperance, 575.
Statements in application, when warranties and when not; untruthful answers defeat right of recovery, Conover v. Ins. Co., 197.
Effect of war upon policies of life insurance held in insurrectionary states. Smith v. Charter Oak Life Ins. Co., 76.
Payment of premiums to agent in insurrectionary states. Ibid., 76.
Tender of premium to such agent and refusal a breach of policy. Ibid., 76.
Measure of damages in such case. Ibid., 76. Effect of subsequent breach of policy by insured. Ibid., 76.
Not in which the decisions on the effect of the late war on contracts of life insurance are col- lected, 79.
Decision by Supreme Court of the United States, 171.
Policy of insurance on life of husband for benefit of wife not liable to husband's debts, 51. Condition of policy that suit be brought within twelve month's after lossavoided by war, 61. Warranty against intemperate habits, 588. Insurable interest in human life, 602. Legal title to life insurance policy; payment of premiums; when husband may advance them; payment valid as to subsequent creditors, but void as to previous ones; when legal title to policy is not assignable by husband. Re Bear and Steinberg, 607.
LIMITATIONS, STATUTES OF.
Kansas statute operating upon liabilities which accrued beyond limits to territory, 22. Limitation in insurance policy extended by war, 61.
Part payment, when not a sufficient promise to pay barred debts, 61.
Statute not interrupted by suit by bankrupt, 95. Statute fixing bar where cause of action has al- ready accrued. Marsh v. Burroughs, 125. Twelve month's limitation in favor of administra- tors, 124.
Does not run against Mexican grant till patent issues, 393.
Limitation of eqnity of redemption in Pennsyl- vania, 625.
Measure of wife's damages under recent Illinois law, 392.
Working of Illinois "civil damage" law, 433. Mixing alcoholic liquor with herbs and selling it as" bitters," 513.
The Indiana liquor law, 167.
Fourteenth amendment and state liquor laws. Bartmeyer v. Iowa, 167.
LITERARY PROPERTY. See COPYRIGHT.
LITERATURE OF THE LAW. Present state of, 292. LITIGATION.
A lay opinion of, 199. LOCAL OPTION LAWS.
Stock law of Iowa unconstitutional, 25. Local option liquor law of California unconstitu- tional, 592.
LOCKWOOD, MRS. BELVA A.
Application of, for admittance as solicitor of court of claims, 210.
Her brief presented to Congress, 334. LOST RECORDS.
Supplying, under code of Tennessee, 444. Effect of recording and certificate of same, when an instrument has been destroyed by fire, 473. See EVIDENCE, sub-title, Secondary. LOUISIANA.
The Louisana question, 475.
Views of Hon. Reverdy Johnson upon, 488. LOUISVILLE & PORTLAND CANAL. Its legislative history; the rights of the bondhold- ers, government and public; prosecution of the work by government officers. United States v. L. & P. Canal Co., 99, 101.
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