135

278

278

314

54

CRIMINAL LAW-Continued.

498

196

23.-Indecent exposure; what is open exposure. Common-
wealth v. Wardell (Mass S. C.)..
24.-International law; treaty with Sweden; jurisdiction
of local courts as to offense on Swedish vessel. Com-
monwealth v. Luckness (Penn. S. C.)....
25.-Juror; when opinions of, disqualify. Swigart v. Indi-
ana (Ind. S. C.)..
26.-Jury; effect of misconduct of; when new trial not
granted. Cochlin v. People (III. 'S. C.)
27.-Excluding negroes from juries, liabilities of State for;
habeas corpus. Ex parte Virginia and Coles (U. S. S. C.), 332
28.-Larceny; owner permitting theft to be committed,
not defense. Sanders v. State (Tenn S. C.)...
29.-Larceny by paramour of wife from her husband; re-
moval of household goods by wife, accompanying wife
and using goods, larceny. Reg. v. Flatman (Eng. Q.
B. D.)
30.-Murder; challenge to jury; waiver; opinion of jury-
man; pleading; common law courts and statutory
definitions; homicide while committing a felony; intent;
confession; death caused by fright; death by means
unknown to jury. Cox v. People (N. Y. App.).
31.-Murder; homicide committed in the commission of a
felony murder in the first degree; trial; charge to jury;
Laws 1855, ch. 337. Bull v. People (N. Y. App.).
32.-Murder; officer killing prisoner convicted of misde-
meanor, attempting to escape, is guilty of murder.
Reneau v. Tennessee (Tenn. S. C.)....
33.-Perjury; pleading; averring authority of tribunal; evi-
dence; declaration as part of res gesta. Eighmy v.
People (N. Y. App.)..

404, 418

57

498

57

34.-Pleading; duplicity, charging murder of two in one in-
dictment not. Rucker v. Texas (Tex. C. P.)
35.-Pleading; setting forth two offenses; uncertainty.
New Hampshire v. Naramore (N. H. S. Ć.) .
36.-Rape and incest, joinder of; party by same act cannot
be guilty of both. Iowa v. Thomas (Iowa S. C.).
37.-Rendition of fugitives; bail not allowable pending pro-
ceedings. Ex parte Erwin (Tex. S. C.).....
38.--Trial; charge to jury; common sense not a guide to
verdict. Densmore v. Indiana (Ind. S. C.).
39.-Trial; officer present with jury while deliberating,
error. People of Michigan v. Knapp (Mich. S. C.). 156
40.-Twice in jeopardy; prisoner cannot be put, although
act was in violation of two statutes. Minnesota v.
Wiles (Minn. S. C.)
41.-Variance; idem sonans; variation in indictment for
murder between "Whiteman" and "Whitman "imma-
terial. Henry v. State (Tex. App.)..

436

115

2.-Money paid to redeem deed unlawfully held, recovera-
ble. Matz v. Mitchell (Penn. S. C.)..

237

3. In underground water; diversion of source of a well.
Brain v. Marfell (Eng. App.)...

2.-Grant of light and air. Rennyson's Appeal (Penn.
S. C.).

483

78

DAMAGES. Contract; breach of, for work and mate-
rials. Upstone v. Weir (Cal. S. C.)...
2.--Bond; penalty or liquidated damages; how determined.
Houghton v. Pattee (N. H. S. C.)
3.-Evidence of wages paid during sickness, in mitigation
of, admissible in action for personal injury. Drinkwater
v. Dinsmore (N. Y. App.)...
4.-Measure of, for injury to railway passenger; jury to
take into account all circumstances of case, together
with income of party injured. Phillips v. London & S.
W. Ry. Co (Eng. App.)

5.-Master and servant; a contractor while doing work for
a city on its own premises, is in the relation of servant.
City of Tiffin v. McCormack (Ohio S. C.).....
6.-Mining; where owner of mine innocently works coal
beyond his boundary, the measure of damages is the
actual value of coal so worked. Livingstone v. Raw-
yards Coal Co. (Eng. H. of L.)
7.-Negligence; where a physician was injured so as to be
unable to practice for two years, it was held that the
jury must take the loss of practice as a basis, and also
take into consideration special fees, nature of in-
come, etc. Phillips v. London & N. W. Ry. Co. (Eng.
App.)
8.-Negligence; what is measure of damages for death of
a person by another's. Mansfield Coal Co. v. McEnery
(Penn. S. Č.)..

9.-Negligence; owners of a market putting railing around
a statue in street where market is kept, and plaintiff's
cow is killed in attempting to jump over railing, are
liable in damages. Lax v. Mayor of Darlington (Eng.
App.)
10.-For wrongful sale of stock by broker. Gruman v.
Smith (N. Y. App.)....
11.-Measure of, in action for misrepresentation of value in

259

376

453

447

43

442

63

23

83

354

sale of securities. Waddell v. Blockey (Eng. App.)... 78
12.-Seduction; damages in action for, by father; dishonor
and injury to feelings. Rollins v. Chalmers (Vt. S. C.) 37
13.-Warranty; breach of, in manufactured article. Thoms
v. Dingley (Me. S. C.).
837

See Carrier of Goods; Contract: Mining; Municipal
Corporations; Negligence; Slander and Libel; War-
ranty.

See Taxation.

133

EJECTMENT. Champerty; adverse possession; for-
mer action pending; must be upon some state of facts
to avail. Dawley v. Brown, (N. Y. App.)................
ELECTION. Bribery, offer by candidate to pay part
of compensation into public treasury is. Carrothers
v. Russell (Iowa S. C.)...
413
2.-Mandamus will not lie to compel canvassing board to
act as to fraudulent. State v. Stevens (Kans. S. C.).. 370
See Constitutional Law.

EMBEZZLEMENT. See National Banks,
EMINENT DOMAIN. Right of railway to erect
structure cutting off light from adjoining land-owner.
Norton v. London & N. W. Ry. Co. (Eng. App.)....... 57
EQUITABLE ACTION. See Action; Statute of
Limitations.

ESCROW. Deed in, cannot be delivered to grantee.
Ordinary v. Thatcher (N. J. S. C.).......................
ESTOPPEL. See Attachment; Banks; Confiscation;
Corporations; Insurance, Fire; Married Woman; Ne-
gotiable Instruments; Trust.

5. Of dishonest acts of party foreign to issue inadmissi-
ble. Madden v. Koester (Iowa S. C.).....
6.-Hypothetical question; cross-examination; questions
to test recollection; comparison of signatures; trans-
action with deceased person. Merritt v. Campbell (N.
Y. App.)
7.-Negotiable instruments; in an action by one indorser
against another; evidence that after maturity of note
defendant promised to pay his share is admissible.
Mensel v. Semple (Wis. S. C.).............
8.-Parol to vary writing; independent contemporaneous
agreement; counter-claim. Van Brunt v. Day (N. Y.
App.)..

9.-Parol, where admissible to explain writing United
States v. Peck (U. S. S. C).

34

33

3ཚ

94

12.-Survivorship, no presumption in law of, in case of per-
onss who perish by a common disaster. Russell v. Hal-
lett (Kans. S. C.)
18.-Testimony of a deceased witness at a former trial,
when may be given. Castigan v. Lunt (Mass. S. C.).. 35

297

PAGE.

EVIDENCE-Continued.
14.-Trespass and writ of entry; former application; parol
evidence to establish identity of matter in issue. White
v. Chase (Mass. S. C.)
15.-Deceased witness, evidence of, at former trial admis-
sible between same parties in relation to same subject.
Walbridge v. Knipper (Penn, S. C.)...
16.-Reputation of insolvency admissible. Conover v. Ber-
dine (Mo. S. C.).

See Advancement; Carrier of Passengers; Criminal
Law; Constitutional Law; Damages; Insurance,
Fire; Judgment; Municipal Corporations; Pleading;
Presumption; Ratification; Slander and Libel; Will.
EXECUTION. Upon judgment in favor of deceased
person irregularity in issue will not avoid sale under.
Jenness v. St. Claire, Circuit Judge (Mich. S. C.)
2.-Levy, requisites of. Property levied on must be iden-
tified. Quackenbush v. Henry (Mich. S. C.).
EXECUTORS. Liable personally on note given by
them for testator's debt. East Tennessee Mfg. Co. v.
Gaskill (Tenn. S. C.)

17

156

36

56

414

2. May not pledge property of testator in aid of firm
where testator was partner. Smith v. Ayer (U. S. S.
C.)
EXEMPTION. From attachment, waiver of; when
claim must be made. Buzzell v. Hardy (N. H. S. C.).. 517
See Homestead.

FALSE PRETENSES. See Criminal Law.
FISHERY. See Water-Course.

FIXTURES. See Real Property.
FORBEARANCE. See Consideration.

FORECLOSURE sale; mortgage; growing crops
on land sold; passage of title. Ruggles v. First Nat.
Bank (Mich. S. C.)

2.-By advertisement; no loss of legal identity by change
in name and location of newspaper. Perkins v. Keller
(Mich. S. C.)...
3.-Receiver; although the mortgagor of land holds the
legal title until the foreclosure sale, yet, in a proper
case, when necessary to protect the mortgagee's inter-
ests, equity will appoint a receiver. Schreiber v. Learey
(Wis. S. C.)..

FOREIGN CORPORATION. May maintain ac-
tion to enforce mortgage. Leasure v. Union Mut.
L. Ins. Co. (Penn. S. C.).

FORGERY.

ments.

See Taxation.
See Criminal Law; Negotiable Instru-

415

224

176

95

376

FOURTEENTH AMENDMENT.
Rights; Constitutional Law.
FRAUD. See Conveyance; Statute of Frauds.
FRAUDULENT CONVEYANCE may be at-
tacked in proceedings to distribute surplus moneys on
mortgage sale; vendee under execution sale may attach.
Bergen v. Snedeker (N. Y. App.)......
2.-When voluntary conveyance not invalid as to subse-
quent creditors. Harlan v. MacLaughlin (Penn. S. C.), 95
FREIGHT. See Consignee.

GIFT of government bonds; reservation of interest by

54

donor and possession of bonds defeats gift; trust; when
equity will not raise. Young v. Young (N. Y. App.).. 396
2.-Causa mortis, what constitutes. Darland v. Taylor
(Iowa S. C.)

3.-Taking notes in child's name is not. Fanning v. Rus-
sell (Ill. S. C.).

GRAND JURY.

See Advancement.
See Criminal Law,

GUARANTY. See Negotiable Instruments.

HABEAS CORPUS. See Criminal Law; Jurisdic-
tion.

HIGHWAYS. Authorities must keep safe primary,
and are not relieved by imposition of duty on private
corporation. Eyler v. County Commissioners of
Allegany (Md. App.)

HOMICIDE. See Criminal Law.

HOMESTEAD. Exemption; a single man, who keeps
house, is not the "head of a family," etc., "householder."
Calhoun v. Williams (Va. S. C.)..

214

117

infant's contract, when the suit is brought by a firm of
which infant is a member. Osborn v. Farr (Mich. S. C.) 36
2.-Mortgage by infant for purchase-price of chattels,
when valid; suretyship. Knaggs v. Green (Wis. S. C.) 497
INJUNCTION. Court has power to grant an injunc-
tion restraining the issue by one tradesman of an ad-
vertisement containing false statements calculated to
injure a rival tradesman in his business. Thorley's
Food for Cattle v. Massam (Eng. Ch. D.)

2. To restrain interference with mortgaged property af-
ter foreclosure. Mutual Life Ins. Co. v. Bigler (Ñ.Y.
App.).....

3.-Explosive oils, conditions in policy as to; condition
not violated by use of small quantity used in cleaning
machinery. Mears v. Humboldt Ins. Co. (Penn. S.C.) 114
4.-Gunpowder, condition against, violated by keeping
one-half pound. Shipman v. Oswego & O. Ins. Co. (N.
Y. App.)..
5.-Other insurance, condition against, not broken by sub-
sequent void policy. Sutherland v. Old Dominion Ins.
Co. (Va. S. C.); Firemen's Ins. Co. v. Holt (O. S. C.) 356
6.--Subsequent insurance, conditions against, when not
broken by taking of subsequent policies. Insurance
Co. v. Holt (O. Š. C.)..
7.-Ownership, stipulation of insured as to, what is not
an avoidance of policy. Kronk v. Birmingham Fire
Ins. Co. (Penn. §. C.)..

8.-Ownership, condition as to; mortgage on insured
property does not change ownership. Dolliver v. St.
Joseph F. & M. Ins. Co. (Mass. S. C.)..........
9.-Incumbrances, condition against; only refers to those
with consent of insured; judgments. Baley v. Home-
stead Fire Ins. Co. (N. Y. App.)...
10.-Misrepresentations as to incumbrances, effect of.
Schumitsch v. American Ins. Co. (Wis. S. C.)..
11. Statements of insured as to incumbrances; evidence;
estoppel. King v. Windsor Ins. Co. (Vt. S. C.).....
12.-Misstatements as to title of insured; knowledge of
agent, when imputable to company; who is agent.
Union Ins. Co. v. Chipp (Ill. S. Ĉ.)
13.-Violation of condition against non-occupancy renders
policy void. Dennison v. Phoenix Ins. Co (Iowa S.C.) 37
14. Misrepresentations, when they do not avoid policy;
knowledge of agent; over valuation avoids policy;
limitation of time of action, when invalid. Leach v.
Republic Fire Ins. Co. (N. H. S. C.)..
15.-Forfeiture; waiver; neglect to furnish proofs of loss
in time; question of fact. Brink v. Hanover Fire Ins.
Co. (N. Y. App.)......

16.-Right of mortgagee to present proofs of loss; waiver
of irregularities in proof of loss by failure to object.
Graham v. Firemen's Ins. Co. (N. Y. C. P.)..
17.-Contract; when billiard tables are kept for hire, and
liquors are kept for sale as one business, and the policy
is illegal as to one, the whole contract is void. John-
son v. Union Ins. Co. (Mass. S. C.)
18.-Waiver of breach of condition against subsequent in-
surance, what does not amount to. Phoenix Ins. Co. v.
Stevenson (Ky. App.)

19. When a policy contained a clause that if the building
fall, except in consequence of fire, the policy should
cease, and the building did fall from some other cause,
and the ruins took fire, the policy ceases to be in force.
Huck v. Globe Ins. Co. (Mass. S. C.)...

83, 416

2.-Fraudulent conveyance of, effect of. Boynton v. Mc-
Neal (Va. S. C. App.).....
3.-When money from sale of, not exempt. Smith v. Gore
(Kans. S. C.)...

416

496

HUSBAND AND WIFE. Agent; wife no implied
authority to pledge husband's credit for necessaries
against his will. Debenham v. Mellor (Eng. App.)..... 344
2.-Wife cannot pledge property of lunatic husband for
luxuries. Chappel v. Munn (Irish Q. B.).......

18

3.-Exemption of interest of insured from legal process.
Geiger v. McLin (Ky. App.).

4.-Forfeiture for non-payment of note given for
mium; waiver; estoppel. How v. Union Mut. L.
Co. (N. Y. App.)

2.-Contract; policy for benefit of wife to be paid at end
of ten years; action by wife. Tenness v. Northwestern
Mut. Ins. Co. (Minn. S. C.)..........

38
196

192)

5.-Questions by medical examiner; insured entitled to
rely on examiner's verbal contemporaneous expla-
nation of meaning. Conn. Mut. Ins. Co. v. McMurdy
(Conn. S. C.)
6.-Married women's property act, policy in accordance
with, for benefit of wife and children; division of in-
surance money. Re Edwards, Policy Trusts (Eng.
App.)
7.-When breach of agreement as to pernicious habits
does not avoid policy. Knecht v. Mut. L. Ins. Co.
(Penn. S. C.)...
8.-Waiver; misstatements in application; errors of medi-
cal examiner imputable to company.
Grattan v. Me-
tropolitan L. Ins. Co. (N. Y. App-)...
See Presumption of Fact.

283

58

92

288

438

INSURANCE, MARINE. Constructive total loss;
absolute damage caused by perils insured against.
Forwood v. North Wales Mut. M. Ins. Co. (Eng. Q. B.
D.)
INTEREST. Account extending over a number of
years; fluctuating rate. Wilson v. Cobb (N. J. Ch.).. 163
INTERNATIONAL LAW. See Criminal Law.

JOINDER OF PARTIES. See Negotiable Instru-
ments.

277

JUDGMENT. Conclusions of, as to facts stated
therein. Field v. Bland (N. Y. App.)
511
2.-In ejectment, docket of; entry in court record not
docketing. Sheridan v. Linden (N. Y. App.)
475
3. Not rendered void by defect in name and description
of defendant; parol evidence admissible to identify
defendant. Bradford v. Rogers (Tex. S. C.).....
JURISDICTION. Appellate, of U. S. Sup. Ct. exer-
cisable by habeas corpus; extent of. Exparte Sie-
bold
2.-Equitable; to appropriate for infant's support legacy
payable at future date. Stephens v. Howard's Exrs.
(N. J. Ch )

PAGE.

MANDAMUS. Corporation; not allowable to compel
to transfer stock. Birmingham Fire Insurance Co. v.
Commonwealth (Penn. S. C.)

2.-Law Reports; publication of; mandamus will lie to
compel State Board of Auditors to perform duties.
People ex rel. Ayres v. State Auditors (Mich. S. C.)
See Election.

MARITIME LAW. Admiralty; jurisdiction of terri-
torial courts; carrier of passengers; liability of sea-
going vessel owner for injury to passenger; measure of
damages. Steamship City of Panama v. Phelps (U. S.
S. C.)
2.-Admiralty practice; joining suit in rem against vessel,
with suit in personam against consignee of cargo. May-
flower v. Sabine (U. S. S. C.)

3.-Admiralty has jurisdiction in an action for injury
caused by a tug running into a floating dry dock while
moored to the wharf. The Tug Ceres (U. S. D. C.,
Penn.).
4.-Admiralty has no jurisdiction of contract not mari-
time. Peck v. Laughlin (U. S. D. C., Penn.)..
5.-Admiralty court, duty of, to enforce decree of admi-
ralty court of another nation, upon a subject over
which the latter has jurisdiction. City of Mecca (Eng.
Pro. & Adm. Div.)....
6.-Demurrage, claim for, not allowable when a contract
of affreightment is prevented by ice. Hodgson v. N.
H. & H. R. R. Co. (Conn. S. C.)...
7.-Mortgage on a vessel between the parties, and as
against parties having actual notice, is valid without
acknowledgment or record. Moore v. Simonds, Admx.
(U. S. S. C.)..

8.-Negligence, a ship executing a wrong movement to
avoid a collision with another ship which has also
executed a wrong movement, not guilty of contribu-
tory. The Bywell Castle (Eng. App.)..
9.-Owner of vessel not liable for act of master or mate,
ostensibly outside of employment. Walsh v. Bark
Carl Haasted (U. S. D. C., N. J.)..

135

145

434

355

93

94

30

84

16

298

LICENSE. Parol license of a privilege so far as unexe-
cuted, revocable. Batchelder v. Hibbard (N. H. S. C.), 118
See Mining; Municipal Corporations.
LIEN. Equitable, will not be declared where no certain
purchase price. Hiscock v. Norton (Mich. S. C.)
2.-Equitable, on earnings of railroad; priority between
incumbrances. Ketchum v. St. Louis (U. S. S. C.).
3.-Not discharged by taking negotiable note if expressly
retained. Crosby v. Redman (Me. S. C.)..

See Consideration; Master and Servant.
MARRIED WOMAN. Acknowledgment, certificate
of, of married woman's conveyance conclusive, in ab-
sence of fraud. Homoeopathic Mut. L. Ins. Co. v.
Marshall (N. J. S. C.)....

435

42

2.-Action; wife may sue in her own name for injury to
personal rights, and may bring action for loss of hus-
band's society. Westlake v. Westlake (Ohio S. C.).
3.-Agent, when a wife, who is living with her husband,
buys goods for domestic use, she is his agent. To fix
liability on her it must appear that she made the pur-
chase on her own credit. Wilson v. Herbert (N. J.
S. C.)....
124
4.-Contracts by; when not bound by acts of husband; stat-
ute of Mississippi; cannot by admissions enlarge right
to contract. Bank of America v. Banks (U. S. S. C.).. 155
5. With husband insane, may sue alone for personal in-
jury. Gustin v. Carpenter (Vt. S. C.)......

6. Mortgage by, of separate estate; marriage settlement;
trusts; conveyance by trustee to beneficiary, when in-
valid; power of Supreme Court to order conveyance;
married woman's property, statute of 1848. Douglas v.
Cruger (N. Y. App.)..

37

134

7.-When wife sells her real estate for money, the trans-
action amounts to a purchase of the money with her
separate means, within meaning of married woman's
act. Rodgers v. Bank of Pike County (Mo. S. C.)...... 215
8.-Note given by, for price of land bought by her, a valid
contract, within meaning of statute. Messer v. Smyth
(N. H. S. C.)

278
9.-Suretyship; promissory note; separate estate. Wil-
liams v. Urmston (O. S. C.)
176, 482
See Action; Insurance, Life; Ratification; Statutory
Construction.

MASTER AND SERVANT. Liability of master
to servant for injury by fellow-servant. Quincy Min-
ing Co. v. Kitts (Mich. S. C.).
2.-Negligence; railroad company liable for injury to ser-
vant by unsafe road-bed; violating rules of company
by servant Central R. R. & Banking Co v. Mitchell
(Ga. S. C.)....
3.-Master not liable to a servant for an injury resulting
from the negligence of a fellow-servant in the same
general employment. Blake v. Maine C. R. R. Co.
(Me. S. C.).

36

318

PAGE.

MASTER AND SERVANT-Continued.
7.-Negligence of master of vessel causing injury to sea-
men, imputable to owner. Thompson v. Hermann
(Wis. S. C.)..
8.-Negligence; when master liable to servant for negli-
gence of co-servant. Chicago & N. W. Ry. Co. v. Mo-
randa (Ill. S. C.)
9.-Negligence; duty of master as to furnishing safe ma-
chinery; need not furnish best made. Smith v. St. L.,
Kansas, C. & N. R. Co. (Mo. S. C.)..

See Damages; Negligence.

MECHANICS' LIEN. Personal judgment cannot
be entered in proceedings in absence of valid lien.
Weyer v. Beach (N. Y. App.)

2. Statutory _construction;

cash," meaning of word.
Hooper v. Floyd (Cal. S. C.)....

See Mortgages, Chattel; Statutory Construction.
MERCANTILE AGENCY. See Privileged Com-
munications.

MILITIA. See Constitutional Law.

MINING. Party having simply right to mine under
land is liable for damage to the superincumbent soil
in its natural state. Wilms v. Jess (Ill. S. C.).
2.-License to dig ore does not grant estate; when revoca-
ble; abandoning of license. East Jersey Iron Co. v.
Wright (N. J. Ch.)

See Damages.

MISDESCRIPTION. See Action.

MISNOMER Abatement in judgment may be set up
only by plea in. Wilson v. Baker (Iowa S. C.)
MISTAKE. Must be mutual to authorize relief. Ram-
sey v. Smith (N. J. S. C.).....
MORTGAGE, CHATTEL. Description; mistake
of age does not invalidate. Harris v. Kennedy (Wis.
S. C.)..
2.-Firm mortgage by residents to be valid against credit-
ors must be filed where members of firm reside. Stew-
art v. Platt (U. S. S. C.)

3. Upon mill machinery easy of removal, and executed
before it, was placed in mill, valid against mechanics'
lien. First Nat. Bank of Waterloo v. Elmore (Iowa
S. C.).

MORTGAGE, REAL ESTATE.

Lien of mort-
gagee on insurance for owner's benefit. Wheeler v.
Factors & T. Ins. Co. (U. S. C. C.)...
2. Real estate; release, effect of, as to subsequent
lienor. Mellvain v. Mutual Ins. Co. (Penn. S. C.).
3.-Loan office; sale under statute must be strictly fol-
lowed; redemption; tender. Thompson v. Loan
Com'rs (N. Y. App.)
4.-Mortgagee without notice need not protect mortgaged
premises; practice at trial. Marshall v. Davies (N. Y.
App.)

5.-Waste by mortgagor in possession. When mortgagee
may follow timber removed. Searle v. Sawyer (Mass.
S. C.)...
6.-Mortgagee may pay taxes though legal formalities in
assessment not complied with, and add to mortgage.
Southard v. Dorrington (Neb. S. C.)

See Action; Defense.

...

70

214

17

74

244

PAGE

275

MUNICIPAL CORPORATIONS-Cont'd.
14. Not liable for damages by spiles in front of pier owned
by it in navigable river; negligence. Seaman v. Mayor
(N. Y. App.)
15.-Long Island City; cannot control running of railroads
by ordinance passed subsequent to charter. Long
Island City v. Long Island R. R. Co. (N. Y. App.)..... 154
16.-Ordinance forbidding singing in streets valid; proof of

manner and circumstances of act admissible. Trimble
v. Bucyrus (Ohio S. C.)..

176

35

17.-Property of, not liable to sale on execution. Curry v.
Mayor of Savannah (Ga. S. C.)
18.-When not liable for torts of officer; collection of taxes;
respondeat superior Wallace v. Menasha (Wis. S. C.) 176
19.-Nuisances; when liable for injuries from, on privaté
property. Kiley v. City of Kansas (Mo. S. C.)..
20.-Nuisance, steam engine not a; power to regulate use
of steam engines in city must be exercised reasonably;
court may restrain unreasonable exercise. Mayor of
Baltimore v. Radecke (Md. App.)..

21.-Securities; town not liable to pay money received
and used for its benefit on securities issued without
its authority. Agawam National Bank v. SouthHadley
(Mass. S. Č.)..
22.-Ultra vires, ordinances; license to sell spirits at retail;
subsequent ordinance restricting sale invalid. Gilham
v. Wells (Ga. S. C.).

14

117

516

See Foreclosure; Foreign Corporations; Infancy;
Maritime Law; Married Woman; Recording Act;
Trust.

33

378

MUNICIPAL CORPORATIONS. Bonds: muni-
cipal, when irregularity in issue, no defense. Inhabit-
ants of Pompton v. Cooper Union (U. S. S. C.)
2.-Bonds; when void in innocent holder's hands; irregu
larities in issue. Anthony v. Jasper Co. (U.S. S. C.).. 397
3.-Contract; liable on implied, for benefits secured; mis-
take of fact. Clark v. Saline Co. (Neb. S. C.)
4.-Damages; consequential, liability of, for. Mayor of
Cumberland v. Willison (Md. App.)...
5.-Not liable for defective canal bridge approaches on
State lands. Carpenter v. Cohoes (N. Y. App.)
6.-Evidence; admissions of officers of, as to liability,
competent in action against it. Gray v.'Town of Rollins-
ford (N. H. S. C.)

455

377

764

7.-Extinction of town by legislative act, dividing territory
between adjoining towns; liability for debts of town
divided. Pleasant v. Beckwith (U. S. S. C.)..
8.-License granted by de facto officers of city good if city
retains license money; estoppel; adoption. Martel v.
City of East St. Louis (Ill. S. C.)
9.-Negligence; throwing surplus water, etc., on private
lands; no greater right than private party to collect
surface water and discharge it on lands of another;
third party. Noonan v. Albany (N. Y. App.)
10.-Negligence; blasting, liability for injury from. Murphy
v. Lowell (Mass. S. C.).....

228

238

8.-Taxation of; jurisdiction of Federal courts. Cum-
mings v. Merchants' Nat. Bank (U. S. S. C.).
9.-Taxation; surplus fund which is required to be re-
moved from net profits, not excluded in valuation of
shares for. Strafford Nat. Bank v. Dover..
10.-Transfer of stock in, when governed by State laws;
executor. Hobbs v. Western Nat. Bank (Penn. S. C.).. 456
11.-Usurious note; interest on, after maturity, forfeited.
First Nat. Bank of Uniontown v. Stauffer (Penn. S. C.), 456
See Appeal; Constitutional Law.
NEGLIGENCE. Animals, injuries by.
Fallon v.
O'Brien (R. I. S. C.)
2.-Attorney, professional negligence of; not liable to
stranger. Nat. Saving Bank of D. C. v. Ward (U. S. S.
C.)....
3.-Contributory, what is; fires from locomotive sparks;
question of fact. Chicago and A. R. Co. v. Pennell
(III. S. C.)......

4.-Contributory; what does not amount to, in traveller
approaching railroad crossing, not looking both ways,
not stopping. Kellogg v. N. Y. C. R. R. Co. (N. Y.
App.)...
5.-Contributory, question for jury; approaching railroad
crossing; care required. Stackhus v. N. Y. Cent. & H.
R. R. Co. (N. Y. Ápp.)

468

206

214

16

235

324

6.-Contributory: by parent of young child. Smith v.
Hestonville, Mantua & F. P. R. R. Co. (Penn. S. C.) 238
7.-Contributory; when not a bar to recovery. Hayward
v. Merrill (II. S. C.)
8.-Contributory; railroad company not liable to its em-
ployee for an injury caused, while he was standing on
the top of a car, by a low bridge with which he was
familiar, and while he was not discharging any duty
at the time. Pittsburg & C. R. R. Co. v. Sentmeyer
(Penn. S. C.)

9.-Damages; liability of railroad company for injuries
resulting from defective bridge over trench dug by
licensed private party. McMahon v. Second Ave. R.
Co. (N. Y. App.)

10.-Defective highway; rule as to care in employment of
physician by injured person. Boynton v. Somerworth
(N. H. S. C.)

403

145

377

469

11.-Driving in public street. Goshorn v. Smith (Penn.
S. C.)
12.-Damages; county not liable to private individual for
damages sustained from dangerous construction of
court-house. Kincaid v. Hardin Co. (Iowa S C.).... 463
13.-Damages; county not liable for negligence of officers
while in discharge of duties. Hallenbeck v. Winnebago
Co. (Ill. S. C.)

14.-Incorporated canal company taking tolls not liable for
injury from theft from rafts or boats navigating canal.
Watts v. Savannah Canal Co. (Ga. S. C.).

483

318

PAGE.

403

NEGLIGENCE-Continued.
15.-Lessee; railway track in street; running trains at un-
lawful speed; contributory negligence; leaving horse
untied; risking life to save property; question of fact.
Warmore v. Del. Lack. & W. R. R. Co. (N. Y. App.).. 234
16.-Master and servant; servant liable in damages to co-
servant for injury resulting from negligence of former
in the performance of labor for common master. Hinds
v. Overacker (Ind. S. C.)...
17.-Ordinary care and diligence; when defendant did not
exercise, contributory negligence of plaintiff will not
excuse him. In re Richmond & D. R. R. Co. (Va. S. C.), 404
18.-Passenger who rides in baggage car by permission of
conductor, but against rules of road, cannot recover for
injury on ground of company's negligence Penn. R.
R. Co. v. Langdon (Penn S. C.).
19.-Travelling in dark night on highway not presumptively.
Daniels v. Lebanon (N. H S. C.).
20.-Question of fact for jury if any possible doubt. Hart
v. Hudson River Bridge Co. (N. Y. App.).
21.-In collecting note payable at bank; damages; liability
of maker of note when bank fails. Indig v. National
City Bank (N. Y. App.).
22.-Where plaintiff was temporarily resting upon door-
step of defendant's property, and was injured by a
falling brick, the house being in a dilapidated condition,
the defendant is liable. Murray v. MeShane (Md. App) 163
23.-When standing on platform of street car is. Thirteenth
and Fifteenth Streets P. Ry. Co. v. Bondrow (Penn.
S C.).

24. When a child unfastens brake of railroad car without
consent of company, and is injured thereby, company
is not liable. Central B. U. P. R. R. Co. v. Henigh
(Kans S.C.).

See Carrier of Passengers: Damages; Maritime Law;
Master and Servant; Municipal Corporations;
Nuisance; Railroads.

Attorney's
Bank of

363

118

134

192

305

297

238

4.-Negligence; storing of gunpowder near other busi-
ness; negligence not the controlling test. Heeg v.
Licht (N. Y. App.)
5.-Railroad track and running trains; continuing acts,
life tenant may have action for. Cain v. Chicago, R.I.
& P. R. R. Co. (Iowa S. C.)

6. Railroad constructed across a turnpike road, is an ob-
struction of a public highway constituting a public
nuisance, and an indictable offense. Northern Cent.
R. Co. v. Commonwealth (Penn. S. C.).

See Municipal Corporations.

OFFICE AND OFFICER. See Public Office; Quo.
Warranto.
ORDINANCE. See Municipal Corporations.

374

95

35

343

PARENT AND CHILD. Separation of husband and
wife: custody of young child; welfare of child main
consideration. McKim v. McKim (R. I. S. C.).....
PARTITION. Real property converted by will into
personal, how reconverted to real; parties; executor;
trust, power under. Prentice v. Jansen (N. Y. App.). 174
PARTNERSHIP. Dissolution; good will; when
partner may not do business as successor of firm.
Morgan v. Schuyler (N. Y. App.)

2.-After dissolution, one partner may maintain an action
against the other upon an account stated, without
showing that the plaintiff paid the partnership debts
which he agreed to pay. Cochrane v. Allen (N. H.
S C)..

489

296

154

19

See Infancy: Practice; Trade-Mark.
PARTY WALLS. Adjoining owners, rights of, to re-
build; liability for interference with; respondeat supe-
rior. Schill v. Brakhahus (N. Y. App.)..............
PASS-BOOKS. The word Mrs. indorsed on pass book
sent to a married woman from time to time not clear
evidence of purchase on her own credit. Wilson v.
Herbert (N. J. S. C.)

374

124

NEGOTIABLE INSTRUMENTS.
fee; stipulation to pay binding upon widows.
British North America v. Ellis (Mass. S. C.)
2.-Bankrupt act; fraudulent transfer of note by holder,
not a defense. Sullivan v. Bonesteel (N. Y App.).... 74
3.-Bill of exchange; acceptance of, in blank; where a
bill is drawn by a real person, and the indorsement is
forged, the persons who claim under the forged indorse-
ment have no title to the bill. London & S. W. Bank
v. Wentworth (Eng. Ex. D.).
4.-Bill of exchange where payable; when made and
accepted in one State and by terms payable in another.
Cox v. National Bank (U S S. C)
5.-Bill of exchange; implied acceptance; neglect of accep-
tor to return; oral promises to pay. Matteson v. Moul-
ton (N. Y. App)...
6.-Bill of exchange; parting of security. Oriental Bank
Corporation v. Lumbke (Eng. Priv, C.)..
7.-Bills of lading not in all respects on same footing as
bills of exchange, etc.; purchaser of stolen bill of lad-
ing does acquire title against owner. Shaw v. Mer-
chants' National Bank (U. S. S. C.)
8.-Bona fide holder for value; burden of proof. Gutwill-
ing v. Stames (Wis. S. C.).

348

56

28

119

304

214

9.- Bank check, holder of, has no claim against drawee;
priority between foreign assignment and local attach
ment. Rosenthal v. Mastin Bank (U. S. C. C, N. Y.)
10.-Check, what is not a; omission of name of payee.
McIntosh v. Lytle (Minn. S. C.).
11.-Forged note; ratification; promise to pay. Workman
v. Wright (Ohio S. C.)
12.--Guaranty does not constitute indorsement. Central
Trust Co. v. First National Bank (U. S. S. C.).
13.-Indorsement; rights of holder against indorser of paper
negotiated after maturity. Hill v. Shields (N. C. S. C) 56
14.-Joinder of parties; guarantor of promissory note can-

not be joined with maker. Mowery v. Mast (Neb. S. C) 137
15.--Municipal securities; negotiated in violation of provis-
ions of statute authorizing, not valid in hands of holder
with notice. Town of Scipio v. Wright (U. S. S. C.).... 478
16.-Promissory note; collateral security for antecedent
debt. Ex parte Wood (U. S. C. C., Penn.)....
17.-Promissory note, when payment of, no discharge of.
Best v. Crall (Kans. S. C.)..

See Savings Banks.

PASSENGER See Carrier of Passengers.

PATENT. See Action.
PAYMENT and acceptance of a sum less than amount
due, discharge of whole claim. Hilliard v. Noyes (N.
H. S. C.).

PERSONAL PROPERTY. Sale; delivery of un-
separated articles. Lamprey v. Sargent (N. H. S. C.)..
2.-Sale of; goods in store-house not separated from larger
quantity; delivery. Carpenter v. Graham (Mich.
S. C.).
See Sale; Partition.
PERJURY. Seo Criminal Law.
PLEADINGS. Defense; in action for personal injury
by street obstruction, license to erect obstructions
must be pleaded. Clifford v. Dam (N. Y. App.)...
2.-Evidence; in action on account stated, plaintiff must
prove account to support allegation; on appeal to
Court of Appeals. Volkenning v. DeGraaf (N. Y.
App.)..
3.-Statute of limitations, what necessary to avoid defense
of, in action for fraud. Wood v. Carpenter (U. S.
S. C.)....

377

76

317

453

493

3.-Discretion of court; power of court confined to excep
tions actually taken at trial. Pittsburgh, C. & St. L.
Ry. Co v. Heck (U. S. S. C.)..
4.-Equitable action; feigned issue; exceptions at trial
of, may be used only on motion for new trial and appeal
from order thereon. Watt v Starke (U. S. S. C.).....
5.-Supplementary complaint, allowance of, discretionary:
not allowable upon an ex parte application. Fleisch-
mann v. Bennett (N. Y. App.).

494

78

115

6.

383

.--When decision of former suit involving same points
conclusive. Guest v Brooklyn (N. Y. App.)..
7.-Order of publication; what not order of court. Phin.
ney v. Broschell (N. Y. App.)...

134

336