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193

8. Order of restitution, when granted by Court of Ap
peals. People ex rel. Dailey v. Livingston (N. Y. App.) 174
9.-Partnership, dissolution of; wrongful appropriation
of good will. Construction of provisions of Code, § 974.
Cook v. Jenkins (N. Y. App.)
10.-Time to serve case and exceptions. French v. Powers
(N. Y. App.)
See Admiralty: Arrest; Mortgage; Real Property; Trial
PRESCRIPTION. Taxation, acquiescence in, illegal;
constitutional law; impairing obligation of contract.
State v. Wright (N. J. S. C.)
PRESUMPTION. Evidence; presumption that party
is not wrong-doer; that extra-territorial laws agree
with home laws; railroad in Indian Territory. Speer
v. Missouri, Kans. & T. Ry. Co. (Kans. S. C.)
2.-Insurance, life; that debt existed furnishes no pre-
sumption of payment. Manning v. John Hancock
Mut L. Ins. Co. (U. S. S. C.).....
PRIVILEGED COMMUNICATIONS.

Libel;

317

496

355

mercantile agency may make known communications
if without malice. State v. Lonsdale (Wis. S. C.)...... 224
2.-Knowledge of cause of death of patient a; insurance.
Grattan v. Metrop. L. Ins Co. (NY. App.).
288

PAGE.

REFEREES. Fees of, regulated by act of 1869, and
modified by amendment to Code in 1876. Schemer-
horn v. Prouty (N. Y. App.)
See Trial.

275

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See Evidence; Slander and Libel.
PROCESS Regularly issued, valid to protect acts
under, though subsequent error avoids proceedings.
Grafton v. Carmichael (Wis. S. C.)
PROHIBITION. When writ of, will not be granted;
nature of writ. People ex rel. Hudson v. Judge of Sup.
Ct. Dist. (Mich. S. C.)..

497

136

PROMISSORY NOTE See Sunday.

PROPERTY. Seat in New York Stock Exchange not.
Grocers' Bank v. Murphy (N. Y. C. P.).

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Arrest; when pro-

2. Of negotiable paper. See Vendor and Vendee.
Of personal property; when personal property sold
delivered at agreed place, title passes. Wyoming
Nat. Bank v. Dayton (U. S. S. C.)....

476

396

PROVISIONAL REMEDIES

cess discharged it is gone forever. People ex rel. Rob-
erts v. Bowe (N. Y. App.)..

PROXIMATE AND REMOTE CAUSE. See
Insurance, Fire.

PUBLIC LANDS. Claims for, under grant of former
Sovereign must be definite.

Danterive

v. United

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REAL PROPERTY Alienage; sale of land in
Texas before separation from Mexico to alien; statu-
tory construction; act of March 3, 1875, for removal
of cause. Phillips v. Moore (U S. S. C.).
2.-Fixtures, gas-pipes are, attachments not: chattel
mortgage. McKeage v. Hanover F. Ins. Co. (N. Y.
App.).
354, 384
3.-Sale of; misdescription; lease and underlease.
Camberwell & South L Building Soc. v. Holloway
(Eng Ch. D.) ....

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5.-Of personal property. See Personal Property.
6. Of real estate. See Real Property.

SALVAGE. See Maritime Law.
SAVINGS BANKS. Pass-books; regulations re-
quiring notice when book becomes lost or stolen,
reasonable and proper regulation not affected by
ignorance or inability to read of depositor. Donlan
v. Prov. Inst. for Savings (Mass. S. C.).
2.-Liability of, to depositor, for money paid on forged
checks to one who had possession of pass-book by
consent of depositor: contributory negligence in
parting with pass-book not a question in the case.
People's Savings Bank v. Cupps (Penn. S. C.).
SCHOOLS. Directors of district, not liable for wrong-
ful suspension of pupil if without maiice. McCor-
mick v. Burt (Ill. S. C.)...................
SEDUCTION. See Damages.

....

215

124

123

454

135

SET-OFF. Counter-claim; in absence of statutory
authority judgment cannot be recovered from a
State by way of. People v. Dennison (N. Y. S. C.)... 481
2.-Negotiable instrument; indorser on note held by
insolvent bank may set off deposit thereon. Ar-
nold v. Niess (Penn. S. C.)....
SERVICE. Where a party was induced by falso rep-
resentations to leave his own State, and enter
another, where he was arrested on a criminal charge,
and while in custody served with papers in a civil ac-
tion, it was held that such service should be set
aside. Townsend v. Smith (Wis. S. C.)
SHERIFF. Liability of, for refusing to levy on prop-
erty claimed by third person, without indemnity.
Weller v. Lanning (N. J.S. C.)....

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298

4.-Sale of; agreement to sell; specific performance,
notice to complete ; reasonable time; laches. Craw-
ford v. Toogood (Eng. Ch_D.)....
5-Sale of, contract of; agreement by vendor to dis-
charge all "outgoings before completion of pur-
chase; charge upon houses for improvement of
street. Midgley v. Cappock (Eng. App.)
6.-Judicial sale of, order of; judgment or mortgage
lien; order of alienation. Nat. Savings Bank v.
Creswell (U. S. S. C.).....

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SLANDER AND LIBEL. Evidence; retraction
of a libel made subsequent to the commencement of
an action therefor, not admissible in mitigation of
damages. Evening News Association v. Tryon
(Mich. S C.)
2.-Libel; circular tending to injury of credit, test not
what is in mind of person circulating, but what the
result will be. Capital and C. Bank v. Henty (Eng.
C. P. D.)
3.-Privileged communications; report of proceedings
of court of justice; correct report sent with mal-
ice. Stevens v. Stevens (Eng. App.)
4.-Privileged communications; express malice. Bot-
terill v. Whytehead (Eng. Ex. Div.)...
5.- Privileged communication, report of proceedings be-
fore a court of justice sent to a newspaper by one not
a reporter on paper, not absolutely a. Stevens v.
Sampson (Eng. App.)..

443

438

103

358

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118

...

See Real Estate; Statute of Frauds.

PAGE.

PAGE.

ment for purchase of.

ation.

456

297, 363

SURVIVORSHIP. See Evidence.
SWITZERLAND. See Constitutional Law.

TAXATION. Assessments voluntarily paid not re-
coverable back. Wilkes v. Mayor of New York (N.
Y. App.)...

117

2.

-

96

235

STATUTE OF FRAUDS. Corporate stock, agree-
Boardman v. Cutter (Mass
S. C.)....
2.-Estoppel; promise to pay debt of another; consider-
Dock v. Boyd (Penn. S. C.)..
3.-False representations inducing purchase of real es-
tate, need not be in writing to give action. Lamm
v. Port Deposit H. Association (Md. App.)................
4. Lease for years void by, is a lease from year to year
if acted upon by both parties. Kaplitz v. Gustavus
(Wis. S. C.)
5.-Promise to pay debt of another, what is not. Milks
v. Rich (N. Y. App.)
6.-Specific performance; sale of real estate; engross-
ment; letter. Munday v. Asprey (Eng. Ch. D.).
7.-Surrender by parol of lease for more than three
years. Auer v. Penn (Penn. S. C.)
STATUTE OF LIMITATIONS. Action as to
cestui que trust barred by lapse of time as to trustee;
California Statute. Meeks v. Oldpherts (U. S. S. C.) 296
2.-Equitable actions and actions of accounts between
co-tenants subject to the general limitation of
twenty years only. Spaulding v. Farwell (Me. S. C.). 316
3.-Legacy does not bar equitable suit for. Hedges v.
Norris (N. J. Ch.)

4.-Trust deed limited by debt to which it is security.
Blackwell v. Barnett (Tex S. C.)..

See Corporations; Pleadings; Practice.
STATUTORY CONSTRUCTION.

Proviso;

478

477

495

277

17

statute dependent upon future condition valid. State
ex rel. Pearman v. Liedke, Auditor (Neb. S. C.)..... 378
2.-Exemption from city taxation on private property.
City of Kansas v. Cook (Mo. S. C.)
.-Married woman, deed by; consent of husband.
Laws 1860, ch. 90, § 3. Wing v. Schramm (N. Y. App.) 32
4.-Mechanics' lien law; general words of repeal do not
affect special statutes. Whipple v. Christian (N. Y.
App.)

5.-Repeal by implication. City of Providence v. Union
R. R. Co. (R. I. S. C).
6.-Revised Statutes of 1873 govern; when in doubt as
to meaning original statute may be referred to; Pen-
sioners' and Soldiers' Home.
Bowen (U.S. S. C.).

Denominational institutions not public so as to be
exempt from. Burd Orphan Asylum v. School Dist.
(Penn. S. C.)....
must be actually
3.- Exemption of church property-
used for church purposes. Old South Society v.
City of Boston (Mass. S. C.)

Easement enjoyed by railroad company in bed of
public street may be taxed as real estate. Appeal
Tax Court of Baltimore v. Western Md. R. R. Co.
(Md. App.)..

5.- Foreign corporations, can be made only where
principal office is. People ex rel. Bay State S. & L.

32

151

36

455

275

Co. v. McLean (N. Y. App.)...
6.- Municipal bonds kept out of the State not taxable.
State ex rel. Dunnica v. County Court (Mo. S. C.)... 194
-Statutory construction; seizure of property of
stranger on debtor's land; when replevin lies against
goods seized for tax. Lake Shore S. R. R. Co. v.
Roach (N. Y. App.).....

8. Statutory construction; building used partly as a
public house and partly as a students' boarding-house
not exempt under statute_exempting school prop-
erty. Exeter Academy v. Fxeter (N. H. S. C.).
9.- Securities of other States exempt by law of State
issuing. Appeal Tax Court of Baltimore v. Patterson
Md. App.)...

See Constitutional Law; National Banks; Prescrip-

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355

398

See Landlord and Tenant.
TENDER. See Mortgage.

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TITLE. Confusion of goods; mixture of cereal grains;
replevin. Piazzek v. White (Kans. S. C.)..............
See Foreclosure.

515

(Wis. S. C.)..

464

8. White man" in statute does not include negro.
United States v. Barryman (U. S. S. C.)...

TORT. See Action.
TRADE-MARK.

194

See Alienage: Conflict of Laws; Corporations; Me-
chanics' Lien; National Banks; Quo Warranto;
Real Estate; Taxation.

Letters of alphabet cannot be
exclusively claimed as. Amoskeag Mfg. Co. v. Trainer
(U. S. S. C.)

451

STAY OF PROCEEDINGS. See Costs.

2.- East India;" exclusive right to use words; fraud;
use of words conveying wrong impression. Connell v.
Reed (Mass. S. C.)

502

(Mich. S. C.)...

See Contruct.

4. Bailment; county treasurer violently robbed of
county funds; he nor sureties not liable. Chamber-
land v. Pennell (Me. S. C.).

SUBPOENA. See Corporation.

SUBROGATION. See Suretyship.

SUNDAY. Promissory note made on, not for that
reason void at common law

2.-Subscription made on, valid as a work of charity.
Allen v. Duffy (Mich. S. C.)...

SUPPLEMENTARY COMPLAINT. See Prac-

tice.

When liability of
SURETYSHIP. Appeal bonds
Babbitt v. Shields (U. S. S. C.) 69
surety becomes fixed.
2.- Bond; condition to obtain additional sureties.
Nash v. Fugate (Va. App.);
3.- Official bond; blanks to be filled after execution;
bond furnished after statutory time; erroneous
statements by official as to receipts; estoppel;
agency. City of Chicago v. Gage (Ill. S. C.).

O'Rourke v. Rourke

224

224

3.-On manufactured tobacco; when used on smoking to-
bacco, cannot be used on cigarettes, although made
Carroll v. Ertheiler (U. S. C C.,
of same tobacco.
Penn.)
4.-Partnership; when trade-mark passes to purchaser of
owner's manufactory. Kidd v. Johnson (U. S S. C.) 476
5.-Owner of, need not be manufacturer of article to which
attached. Godillot v. Hazard (N. Y. App.)..
TREATIES. See Constitutional Law.

503

493

TRESPASS. See Evidence.

TRIAL. Cross-examination on matters not touched
upon in examination in chief, when not error.
v. Russell (U. S. S. C )..

Wells

93

463

2.-Practice at; technical objection to evidence must be
specific. Heath v. Heath (N. H. S. C.).
3.-Referee, finding of, upon conflict of evidence, not error
of law. Stewart v. Morss (N. Y. App.)..
See Criminal Law.

216

74

454

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6.- Invalid agreement to extend time of payment does
not discharge surety. McLin v. Brakebill (Tenu. S. C.) 57
7.- Death of continuing guarantor revokes when
known. Coulthart v. Clementson (Eng. Q. B. D.).... 299
8.- Laches of creditor, discharge of surety by; neglect
to value security in bankruptcy. Rainbow v. Juggins
(Eng. Q. B. D.).

9.- Release of surety by extending time of payment;
consideration; usurious interest. Stillwell v. Aaron
(Mo. S. C)

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TROVER. See Carriers of Goods.

TRUST. Trustee, when liable individually to creditor
of cestui que trust. Williams v. Thorn (N. Y. App.).. 514
2.-When objct of, completed, power of trustee divested;
unauthorized conveyance by trustee. Young v. Brad-
ley (U. S. S, C.)....
3.-Deposit in savings bank in name of another, when a
Gerrish v. New Bedford Institution
voluntary trust.
for Savings (Mass. S. C.)..
4.-Mortgage, purchase of, for less than face does not
raise trust for mortgagor; estoppel Grissler v. Powers
(N. Y. App.)...

TRUSTEES. See Corporations; Trust.
'TWICE IN JEOPARDY. See Criminal Law

215

517

11.- Sureties on official bond how far bound by judg-
ment against principal. Stevens v. Shafer (Wis. S. C.) 109
12. Sureties giving bonds for the faithful performance
are not liable for his
of duty by an assistant clerk
embezzlement in a position to which he was pro-
moted. Manufacturers' Bank v. Dickerson (N. J. S. C.) 263
See Constitutional Law; Infancy; Married Women.
SURFACE WATER. See Municipal Corporations.
SURGEON. See Malpractice.

ULTRA VIRES. See Corporations; Municipal Cor-
porations; National Banks.
USURY. See National Banks.

VARIANCE. See Criminal Law.
Sale of negotiable
VENDOR AND VENDEE.
paper; concealment of material fact by vendor, when
not ground for rescission of sale; accommodation bills.
People's Bank v. Bogert (N. Y. App.)....

See Coutracts; Mortgages; Real Property; Sale.

435

135

434

493

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WILL Evidence: parol, not admissible to alter or ex-
plain unambiguous one. Clark v. Clark (Tenn. S. C.).. 56
2. When will was found, after death of testator, in his writ-
ing case, with the name of witness torn off, but carefully
preserved, held, that will must be admitted to probate.
In Goods of Wheeler (Eng. Pro D.)

3.- Family;" word, in, does not include step-son. Bates
v. Dewson (Mass. S C.)
4.-Construction of: perpetuities; vesting of estates; when
judgment does not bind unborn devisees. Monarque
v Monarque (N. Y. App.)

5.-Statutory construction; bequest to church for masses
for repose of soul; religious service. Rymer's Appeal
(Penn S C.).

418

377

396

325

111

2. Of horse; covers not unsoundness as matter of law.
Alexander v. Dutton (N. H. S. C.)

7.-Construction; public charity. Manner's Appeal (Penn.
S. C.).....

243

118

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8.-Bequest to Bishop of Roman Catholic church, when
void; charitable uses (U. S S C.)
9.-Revocation; will re-executed without referring to
codicil; codicil not thereby revoked. In the Goods of
Rawlings (Eng. Pro. D ).

See Partition.

....... 197

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