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187. RAILROAD COMPANY - Passenger-Negligence.Where a woman, while attempting to alight from a railway car, was thrown down and injured, by her dress being caught on a projection of the car platform, the fact that the platform was of a pattern in general use on all roads, and approved by railroad men, is not conclusive evidence of freedom from negligence; the projection being plainly visible, and in a position which made the danger of such accidents obvious.— ILLINOIS CENT. R. Co. v. O'CONNELL, Ill., 48 N. E. Rep. 704.

188. RAILROAD COMPANY - Private Way-Voluntary Construction. Where a railroad voluntarily constructed a bridge over ditches along its right of way as a private way for the use and convenience of the occupants of the land abutting on its right of way, it was liable, to one of the parties for whose use it was built, for injuries caused by its failure to keep the bridge in proper repair.-HALL v. TEXAS & P. RY. Co., Tex., 35 S. W. Rep. 321.

189. RAILROAD COMPANIES-Regulation by State.-St. § 816, providing that, if any railroad corporation shall charge or collect more than a just and reasonable rate of toll for the transportation of passengers or freight, it shall be guilty of extortion, and fixing a penalty therefor, is void for uncertainty, in that it fails to prescribe a standard as to what is just and reasonable, by which the carrier can regulate its conduct.-LOUISVILLE & N. R. Co. v. COMMONWEALTH, Ky., 35 S. W. Rep. 129.

Killed-Fences.

190. RAILROAD COMPANIES-Stock The law not requiring a railway company to fence its track or right of way in the Indian Territory, in doing so, the railway company only exercises extraordinary diligence to prevent danger to cattle, and is not guilty of negligence in failing to maintain such fence.-CHICAGO, R. I. & P. RY. Co. v. WOODWORTH, I. T., 35 S. W. Rep. 238.

191. RAILROAD COMPANIES-Willful Killing of Person on Track-Ordinance.-A person, walking on a railroad track, located on a street, has a right to assume, in the absence of any indication to the contrary, that the roailroad company will obey an ordinance limiting the speed of the trains in the city.-LAKE ERIE & W. R. Co. v. BRAFFORD, Ind., 43 N. E. Rep. 882.

192. RAILROADS-Injuries-Contributory Negligence. -Contributory negligence is available as a defense in an action against a railroad, under act April 8, 1891, making it liable for all damages resulting from neglect to keep a constant lookout on its trains for persons or property on the track, and placing on them the burden of showing that the duty has been performed.-ST. LOUIS, I. M. & S. RY. Co. v. LEATHERS, Ark., 35 S. W. Rep. 216.

193. RAILROADS-Injuries-Contributory Negligence. -Contributory negligence is available as a defense in an action against a railroad under act April 8, 1891, making railroad companies liable for all damages resulting from neglect to keep a constant lookout for persons or property on the track, and placing on them the burden of showing that the duty has been performed.-ST. LOUIS, S. W. Rr. Co. v. DINGMAN, Ark., 35 S. W. Rep. 219.

194. RAILROADS - Child - Trespasser - Contributory Negligence.-A bright intelligent child, 7 1-2 years old, who, though he knows that trains are liable to pass, and that if, when they pass, he is on the track, he will be run over, sits down on a railroad track to play, falls asleep, and is run over, is guilty of contributory negligence.-KRENZER V. PITTsburgh, C. C. & ST. L. RY. Co., Ind., 43 N. E. Rep. 649.

195. RELEASE AND DISCHARGE-Compromise Settlement-Rescission.-Where the assured accepts a com. promise offer in settlement of a disputed loss under his policy, and gives a receipt in full, knowing it to be such, he cannot rescind the settlement as procured by fraud, without a return of the money received.HARKEY V. MECHANICS' & TRADERS' INS. CO., Ark., 35 S. W. Rep. 230.

196. REMOVAL OF CAUSES-Civil Action.-An information in equity to restrain violation of a State statute forbidding trust combinations is not a civil action, within the meaning of the removal act.-MOLONEY V. AMERICAN TOBACCO CO., U. S. C. C. (Ill.), 72 Fed. Rep. 801.

197. REMOVAL OF CAUSES-Criminal ProsecutionsCivil Rights Laws.-When the constitution and laws of a State, as interpreted by its highest court, contain no provisions preventing the enforcement of rights secured by any law of the United States for the protection and enforcement of the equal rights of all citizens thereof, the possibility that, during the trial of a particular case, a State court may not respect and enforce the right to the equal protection of the laws, constitutes no ground for removing the prosecution to a federal court, in advance of the trial, under Rev. St. § 641.-GIBSON V. STATE OF MISSISSIPPI, U. S. S. C., 16 S. C. Rep. 904.

198. REMOVAL OF CAUSES-Criminal ProsecutionsCivil Rights Laws.-There is nothing in the constitution or laws of Mississippl which, by reasonable interpretation, or as interpreted by the highest State court, will prevent one accused of murder from enforcing in the State courts any right secured to him by the civil rights laws of the United States; and therefore the fact that the officers charged with the selection, listing and drawing of jurors intentionally exclude all colored men from the jury list, on account of their color (defendant being a colored man), is no ground for remov. ing the cause to a federal court, in advance of the trial, under Rev. St. § 641.-SMITH V. STATE OF MISSISSIPPI, U. S. S. C., 16 S. C. Rep. 900.

199. REMOVAL OF CAUSES-Separable ControversyRailroad Mortgage.-A railroad company which had given a mortgage to two trustees, one of which was a corporation of another State, brought suit to have such trustee removed, and also to restrain it from foreclosing the mortgage against the wishes of the other trustee and of a majority of the bondholders: Held, that the controversy between the railroad company and the former trustee was a separable one, to which the other trustee and the bondholders were not necessary parties.-LAKE STREET EL. R. Co. v. FARMERS' LOAN & TRUST CO., U. S. C. C. (Ill.), 72 Fed. Rep. 804.

200. REPLEVIN-Defense to Liability on Bond.-Where the petition, in an action against an assignee for the benefit of creditors and his assignors, charged them with having conspired to defraud plaintiffs bý obtaining goods by false pretenses, and fraudulently transferring them by the assignment, and the goods, which were seized under a writ of sequestration, were replevied by the assignee, it is no defense for the assignee or the surety on his replevin bond that the goods were taken from his possession on an order of court in another action, nor can they require plaintiffs to follow the goods.-COHEN V. ADAMS, Tex., 35 S. W. Rep. 303.

201. SALE-Contract Proof of Execution.-To authorize a recovery of the contract price of property sold and agreed to be delivered, whether declared on specially or under the common counts, it must appear on the trial that the plaintiff has fully executed the contract on his part, or that he was prevented from doing so by defendant.-MORRIS V. WIBAUX, Ill., 43 N. E. Rep. 837.

202. SPECIFIC PERFORMANCE-Description-Intention of Parties. Where the description of land in a contract to convey was applicable to one of two distinct, but adjoining lots, or to both of them, and it appears that the vendee intended to purchase both, and that the vendor intended to sell but one, the vendee will not be entitled to specific performance.-REILLY V. GAUTSCHI, Penn., 34 Atl. Rep. 576.

203. STATUTE-Adoption of Existing Statute.-The adoption in an act of the whole or a portion of another statute, by specific reference, adopts the law as exist.

ing at the time of the adoption, and does not include subsequent amendments of the statute so adopted, unless by express or strongly implied intent.-CULVER V. PEOPLE, Ill., 43 N. E. Rep. 812.

204. STATUTES-Enactment-Authentication.-An act of a territorial legislature, attested by the presiding officers of both branches thereof, approved by the governor, and committed to the custody of the secretary of State as an act of the legislature, is to be taken as enacted in the mode required by law, and cannot be impeached by the recitals, or omission of recitals, in the journals of legislative proceedings, which are not required by the fundamental law to be so kept as to show everything done in the consideration of bills presented for action.-HARWOOD V. WENTWORTH, U. s. S. C., 16 S. C. Rep. 890.

205. STATUTES- Enactment - Impeachment.-A bill that has been properly enrolled, signed by the presiding officers of both houses, and approved by the governor, will be presumed to have been enacted into a law in the manner prescribed by the constitution, and cannot be impeached by the reference to the journals of either house.-CомMONWEALTH V. HARDIN COUNTY COURT, Ky., 35 S. W. Rep. 275.

206. STATUTES-Repeal.-An act passed for a particular purpose is not repealed by a general law sufficiently broad to include it, unless the intent to repeal is clear. -REGENTS OF UNIVERSITY OF MICHIGAN V. AUDITOR GENERAL, Mich., 66 N. W. Rep. 956.

207. TAXATION-Assessment-Name of Owner.-An assessment of land for taxation to a corporation, in the name appearing on the record of title, and which was formerly the corporate name, is valid, though the name has been changed by legislative enactment.CITY OF HARTFORD V. HARTFORD THEOLOGICAL SEMINARY, Conn.. 34 Atl. Rep. 483.

208. TAXATION-Assessment - Property Assessed.The assessment of a bridge over a river between two States may be attacked, in an action to collect the taxes, on the ground that a portion of the bridge with. out the State was included within the assessment.KEOKUK & H. BRIDGE Co. v. PEOPLE, Ill., 43 N. E. Rep. 691.

209. TAXATION-Credits Held by Resident Trustees.The legislature may impose a tax on credits in the hands of resident trustees in trust for non-residents.CITY OF DETROIT V. LEWIS, Mich., 66 N. W. Rep. 958. 210. TAXATION OF CORPORATIONS.-A corporation organized to carry on a general business of distilling liquors, and to deal in the same, and also to engage in dealing in cattle and other live stock, and in malting and dealing in malt, is not a purely manufacturing corporation, within the meaning of 2 Starr & C. Ann. St. p. 2032, § 3, cl. 4, providing that the capital stock of all companies and associations, except those organized for purely manufacturing purposes, shall be assessed by the State board of equalization.-DISTILLING & CATTLE FEEDING CO. V. PEOPLE, Ill., 43 N. E. Rep. 779.

211. TAXATION OF PERSONALTY-Lien.-Taxes assessed on personal property are a lien from and after the delivery of the tax list to the county treasurer upon all the personal property owned by the person assessed. -FARMERS' LOAN & TRUST CO. V. MEMMINGER, Neb., 66 N. W. Rep. 1014.

212. TAXATION-Personal Property-Lien.-A tax on personal property, assessed and placed in the hands of the collector for collection, but without actual levy, creates no lien on the property as against bona fide purchasers from the owner's assignee for the benefit of creditors.-TOWN OF SHELBY V. TIDDY, N. Car., 24 S. E. Rep. 521.

213. TAX TITLE-Acquisition by Mortgagee.-A mortgagor cannot, as against the mortgagee, acquire a tax title to the mortgaged premises through a breach of his own covenant to pay the taxes. And in that respect his grantee stands in no better position than the mortgagor himself.-WASHINGTON LOAN & TRUST CO. V. MCKENZIE, Minn., 66 N. W. Rep. 976.

214. TAX TITLES-Tenants in Common.-A sale of land for taxes relieves the owner from liability for all prior taxes then due, and not included therein. A tenant in common cannot extinguish the title of his cotenant by acquiring a tax title to the common property, unless it is shown that the cotenant has refused to contribute to the necessary expense; and, until such refusal, limitations will not run in his favor against his cotenant.-PHILLIPS V. WILMARTH, Iowa, 66 N. W. Rep.

1053.

215. TAX TITLES-Who May Acquire Title.-Where a tax on unseated land, which therefore created no personal liability on the owner, had become a lien on the land before the severance of the title to the minerals from that to the surface, the purchaser of the title to the surface, as against a purchaser of the title to the minerals, may acquire the title to the land at the tax sale.-POWELL V. LANTZY, Penn., 34 Atl. Rep. 450. 216. TELEGRAPH COMPANIES-Liability for Delay.-In an action against a telegraph company for delay in delivering a message confirming a sale of cotton by plaintiff's assignors to the sendee, it appeared that, after such message was sent, the sendee telegraphed to such assignors to know if his offer was accepted, and requested a reply by wire as soon as possible, and that such assignors did not attempt to reply thereto: Held, that defendant was not liable.-WESTERN UNION TEL. Co. v. Davis, Tex., 35 S. W. Rep. 189.

217. TRADE-MARK Infringement Damages. To show damages from infringement of plaintiff's trademark, he may show a falling off of his custom con currently with defendants' beginning to use the trademark, it being for the jury to say whether such use was the cause of the diminution.-SHAW V. PILLING, Penn., 34 Atl. Rep. 446.

218. TRIAL-Civil Cases-Demurrer to Evidence.-A defendant, who desires to demur to evidence, should do so at the close of plaintiff's evidence. The demurrer should be in writing, should state all the evidence introduced by plaintiff, and admit the truth of the same, with all legitimate inferences and deductions to be drawn therefrom. An oral demurrer offered by a defendant after having introduced his own evidence, and merely stating that there was no proof to base a judgment or verdict upon, was improper, and should not have been entertained.-SUMMERS V. LOUISVILLE & N. R. Co., Tenn., 35 S. W. Rep. 210.

219. TRIAL-Special Verdict.-Where a special verdict favorable to plaintiff, instead of finding the facts in issue, find only evidence of such facts, there can be no judgment for plaintiff, though the evidence found is sufficient to justify a finding of such facts.-BOYER v. ROBERTSON, Ind., 43 N. E. Rep. 879.

220. TROVER-Amendment.-A plaintiff, who declares for the conversion of a horse called the "Smith horse," cannot be allowed to so amend his declaration as to recover for the conversion of a horse known as the "'Connor horse," they being different horses, and the plaintiff intending to describe the Smith, and not the Connor, horse, when the writ was made.-NICKERSON V. BRADBURY, Me., 34 Atl. Rep. 521.

221. TRUST-Express Trusts-Equitable Relief.-One who, for the purpose of inducing his divorced wife to accept a reduced allowance for the support of their minor children, by causing her to believe that he will receive nothing from his mother's estate, enters into an agreement with his brother, whereby the latter obtains a conveyance from the mother of all her property, to hold for her benefit during her life, and after her death in secret trust for the benefit of himself and his brother) cannot, after the mother's death, ask equity to enforce the trust so made in fraud of his children.-BROWN V. BROWN, Conn., 34 Atl. Rep. 490.

222. TRUST-Resulting Trust. Where there was a common understanding between the grantor, the grantee, and a married woman who paid the purchase price for the conveyance, that the title was to be put in the grantee, so that said married woman could dis

pose of the same without the control of her husband, the grantee took the property in trust for her.-REEVES V. EVANS, N. J., 34 Atl. Rep. 477.

223. VENDOR AND PURCHASER Deficiency Parol Agreement.-A parol agreement, made at the time of the sale and conveyance of land, that, in case of defi. ciency exceeding a certain number of acres, it shall be made good, is valid.-CURRIE V. HAWKINS, N. Car., 24 S. E. Rep. 476.

224. VENDOR AND PURCHASER-Parol Contract for Exchange of Land.-Under a parol contract for exchange of land, the mere fact that one of the parties has deeded to the other the land to be conveyed by him is not such a part performance as entitles the former to specific performance of the contract. WRIGHT v. BEARROW, Tex., 35 S. W. Rep. 190.

225. VENDOR AND PURCHASER-Placing Deed and Notes in Escrow.-The deposit of a deed in escrow does not constitute a delivery, until performance of the condition of the escrow; and the title remains meantime in the grantor, and subject to claims against him. -WOLCOTT V. JOHNS, Colo., 44 Pac. Rep. 675.

226. VENDOR AND PURCHASER-Sale of College Property-Assumption of Debts.-The directors of a college corporation made a contract with certain persons, who were not agents of the college or members thereof, reciting a transfer to such persons of the franchise and property of the college, and an assumption by the grantees of all the debts of the college, and providing that, if they failed to comply with the contract, the property should revert to the grantors; and the grantees took possession, and for a time conducted the college in the same corporate name, but without incorporating, or attempting to incorporate: Held, that the grantees were personally liable as partners on a note executed by them in payment of one of the assumed debts.-FORBES V. WHITTEMORE, Ark., 35 S. W. Rep. 223.

227. WATERS-Irrigation-Action to Compel Furnishing of Water.-In an action against a corporation for a mandamus to compel the furnishing of water for irrigating purposes, an allegation that defendant was organized for such purpose, and a finding of such fact, are justified, although there are other purposes of its organization, not involved in the action, as to which neither allegations nor findings are made.-MERRILL V. SOUTHSIDE IRRIGATION CO., Cal., 44 Pac. Rep. 720.

228. WATERS-Surface Water-Deflection.-One may not accumulate surface waters on his own land, and by means of a ditch discharge them in a volume upon the land of another.-JACOBSON V. VAN BOENING, Neb., 66 N. W. Rep. 993.

229. WATERS Surface Water Interference With Flow. The doctrine of this court is the rule of the common law that surface water is a common enemy, and an owner may defend his premises against it by dike or embankment; and if damages result to an adjoining proprietor by reason of such defense, he is not liable therefor. But this rule is a general one, and subject to another common-law rule, that a proprietor must so use his own property as not to unnecessarily and negligently injure his neighbor.-CITY OF KEARNEY V. THEMANSON, Neb., 66 N. W. Rep. 996.

230. WILL-Charitable Bequests.-Testatrix devised her property to her executors in trust to pay the same to certain charities, “in such sums and portions as, in their discretion, they shall think proper," the amount to be paid or sums to be distributed to each being left to the discretion of the executors, and, if they thought best, to appropriate a portion of the money, and pay the same, in such sums and at such times as they may determine, to such "worthy poor girls" as they may select: Held, that the will is inadequate to create a valid trust, under How. Ann. St. 1883, § 5573, providing that a trust for the benefit of any person may be created only when fully expressed and clearly defined upon the face of the instrument creating it.-WHEELOCK V. AMERICAN TRACT SOCIETY, Mich., 66 N. W. Rep. 955.

231. WILL-Contest.-Where the probate of a will is contested before the executors have been appointed, they have no power to deal with the assets, or make with any contracts attorneys, as executors; and whether the costs shall be paid by the parties, or out of the assets of the estate, is discretionary with the superior court, as provided by Code Civ. Proc. § 1720. -MCKINNEY'S ESTATE, Cal., 44 Pac. Rep. 743.

232. WILL-Mental Capacity-Contest.-The facts that a testator was a spiritualist, and had, prior to his will, through such belief, been influenced to do many strange things-among them, making unreasonable dispositions of his property-were insufficient to invalidate his will on the ground of mental incapacity, where it appeared that he was otherwise of sound mind, and that the disposition of his property was such as any person of sound mind might be expected to make, and there was no evidence that in making it he was influenced in the slightest degree by his spiritualistic belief.-WHIPPLE V. EDDY, Ill., 43 N. E. Rep. 790.

233. WILLS-Charge on Real Estate.- A legacy, "I order that M unto his own use the sum of one thousand dollars out of the estate," is a charge on testator's real estate.-IN RE LLOYD'S ESTATE, Penn., 34 Atl. Rep. 519.

234. WILLS-Conversion.-A will giving to testator's four children "all the estate, real and personal," of which he might die seised; two to have their shares absolutely; the shares falling to the other two to be held by the executors in trust to pay the income to them during their lives; the principal, on their death, to go to their children; the executors to have full power to "settle up" testator's estate; they being for. bidden to sell his real estate within ten years of his death, but, after that, being "authorized" to re the same, or any part of it, does not work a conversion.SOLLIDAY'S ESTATE, Penn., 34 Atl. Rep. 548.

235. WILLS-Life Estate.-A will giving all testator's estate to his wife "for and during her natural life" gives her only a life estate therein, though it makes no other disposition of it.-REYNOLD'S ESTATE, Peun., 34 Atl. Rep. 624.

236. WILLS-Nature of Estate.-Under Rev. St. ch. 30, § 13, providing that a devise of lands shall be deemed a fee-simple estate of inheritance, though other words heretofore necessary to transfer such estate be not added, provided "a less estate be not limited by express words, or by construction or operation of law," a devise "unto my son J the residue of my estate, both real and personal; and, in case of his death without living heirs of his own, the whole shall then revert to my heirs; but should he have heirs of his own body at his decease, they shall share equally with the rest of my heirs," vests only a life estate in J.-THOMAS V. MILLER, Ill., 43 N. E. Rep. 848.

237. WILLS-What Constitute.-Three pieces of paper, bearing the same date, each signed by deceased, and each reciting that it is her will, one giving certain property to one person, the second giving the remainder of her property to other persons, and the third providing that her husband shall have none of her property, and giving reasons therefor, are properly admitted to probate as her will.-GRUBB V. DARLINGTON, Penn., 34 Atl. Rep. 573.

238. WITNESS-Impeachment.-Where the testimony of a witness not a party to the action is sought to be impeached by inconsistent statements out of court, it is necessary that the witness' attention should be called to the time, place and person to whom the alleged statements were made, and to the specific statements.-STATE V. HUGHES, S. Dak., 66 N. W. Rep.

1076.

239. WITNESS-Incriminating Testimony - Constitutional Law.-A witness cannot be compelled to give testimony tending to incriminate himself, on the ground that a prosecution for the offense is barred by limitations, unless it is affirmatively shown that no prosecution is pending against the witness.-LAMSON v. BOYDEN, Ill., 43 N. E. Rep. 781.

INDEX-DIGEST

TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEAD-
ING ARTICLES, ANNOTATED CASES, LEGAL NEWS,

CORRESPONDENCE AND BOOK REVIEWS
IN VOLUME 42.

A separate subject-index for the "Digest of Current Opinions" will be found on page 547, follow-
ing this Index-Digest.

ABORTION,

right of action for inducing plaintiff to submit to,

262.

ACCIDENT INSURANCE,

accident insurance company whose policy insures
against death from injuries through "external,
violent and accidental means," unless it is caused
from "taking poison," "suicide," is liable for
death from the accidental taking of poison, 514.
ACCORD AND SATISFACTION,

where a certain sum is tendered and accepted in
satisfaction of an unliquidated claim, the trans-
action will be held an accord and satisfaction,
260.

ACTION,

is a cause of action for a statutory penalty as-
signable, 5.

qui tam and penal actions, 5.

rule as to survivals at common law, 5.

rule as to assignment, 5.

common law rule applied to actions for statutory
penalties, 6.

is the common law rule affected by statute, 6.
such penalties not liquidated damages, 7.
right of, on contract entered into with illegal con-
sideration, 94, 97.

on penal statutes, 135.

what is a penal statute, 125.

enforcement of penal statutes in foreign jurisdic-
tion, 135.

who may sue on penal statutes, 136.
aggregation of penalties-speculating in penal.
ties, 137.

effect of repeal of penal statutes, 138.
constitutionality of penal statutes, 138.

liability to penalties where default is due to act
of servant or agent, 139.

right of, for inducing plaintiff to submit to an abor.
tion, 262.

survival of, 521.

ADMINISTRATION,

where a married woman dies, leaving an insolvent
husband surviving her, a proper third person,
who has borne the necessary expenses of her
suitable burial, may recover from her estate, 193.
the administrator is personally liable on a note

ADMINISTRATION-Continued.

signed by him as such, the proceeds of which
were placed with the payee, a bank, and paid out
on checks drawn by him to pay generally bills
and debts of the estate, 261.

ALTERATION OF INSTRUMENTS,

if the payee, without the knowledge or consent of
the maker, alter its date after the note has been
delivered to him, such act renders the instru-
ment void, even in the hands of an innocent pur-
chaser for value, 410.

ANIMALS,

ownership of increase of animals mortgaged, 463,
464.

APPEAL AND APPELLATE PROCEDURE,

extrinsic evidence not admissible to show that no-
tice of appeal which appears from the record to
have been served too late, was not in fact served
within the statutory time, 2.

the doctrine as to the law of the case, 90.
ASSIGNMENT. See, also, EQUITABLE ASSIGNMENT.
whether a cause of action for a statutory penalty is
assignable, 5.

of an order on funds in bank, 391.

ASSIGNMENT FOR BENEFIT OF CREDITORS,

as to property beyond the State in which the as-
signor resides and makes the assignment, 71.
ASSOCIATIONS AND CLUBS,

sale of liquor by social clubs not a sale within the
meaning of the statute as to intoxicating liquors,
438.

ASSUMPSIT,

a plaintiff who alleges and endeavors to prove a
special contract, cannot at the same time offer
proof to recover on a quantum meruit on an im-
plied assumpsit, 30.

declaration in, upon a special contract, 32.
ATTACHMENT,

validity of attachment in actions ex delicto, 364.
a husband who has left the State, to escape prose-
cution, with the intention of returning as soon as
he can succeed in having the prosecution dis-
missed, his wife and children remaining in the
State upon his home place, is a "resident of the
State" so as to entitle him to a homestead, 519, 520.

ATTORNEY AND CLIENT,

liability of attorney or abstractor of title to a third
person for negligence, 139, 142.

a lawyer's duty as an officer of court, 464.

BANKS AND BANKING,

a bank that takes for value a note signed by its
cashier and others is not chargeable with knowl.
edge of an agreement between the cashier and
his comakers that the note was not to be deliv.
ered until it was signed by the president of the
bank, 108.

contract of national bank ultra vires, 134,

an action cannot be maintained against a bank by
the holder of a check for refusal to pay it unless
the check has been accepted, although there
stands to the credit of the drawer on the books of
the bank a sum more than sufficient to meet the
check, 214.

when does a collecting bank become a debtor, 225.
rights of holders of checks against banks, 243.
where a banker has in his hands funds of a de-
positor for the purpose of paying the depositor's
checks, and the depositor is a trader or merchant,
and his check is dishonored by the banker and
returned to the payee, for the reason that he has
not sufficient funds of the maker in his hands to
pay the same, when he in fact has, it amounts to
a slander, for which he is entitled to damages
against the banker, 260.

the administrator is personally liable on a note
signed by him as such, the proceeds of which
were placed with the payee a bank and paid out
on checks drawn by him to pay generally bills
and debts of the estate, 261.

an order to a bank to pay to persons named a
specified sum out of a special fund belonging to
the drawer in the hands of such bank, consti-
tutes an assignment of such fund to the persons
named in the order, whether the bank accepts
the order or not, 391.

liability of a county treasurer for money deposited
in bank, 418.

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BURGLARY,

the doctrine of ejusdem generis in the construction
of statutes as to, 172.

CARRIERS OF GOODS,

delivery of goods by transfer of the bill of lading,
369, 372.

the legal character of a bill of lading, 372.
CARRIERS OF PASSENGERS,

validity of "separate coach" laws, 47.

tender of silver coin cannot be refused because of
natural abrasion, 67.

the nature of railroad tickets, 117.

awarding exemplary damages against railroad
company for failing to carry a passenger to whom
it had soid an excursion ticket back to his start-
ing point, 300.

where carrier receives package for transportation,
mistakenly supposing that the owners thereof
had purchased tickets over its road, when in fact
he had purchased tickets from another road, it
owes to the owners the duty only of abstaining
from anything amounting to willful or wanton
injury to their property, 516.

CEMETERY,

removal of body from, liability for trespass, 153.
CENTRAL LAW JOURNAL,

publication of supplemental index-digest, vols. 31
to 41, 511.

CHATTEL MORTGAGE,

validity of substitution of mortgaged articles as
against creditors, 240.

the offspring of mortgaged animals begotten after
the execution of the mortgage are not subject to
its provisions, 463.

ownership of increase of animals, 463, 464.
statute providing the manner of mortgaging grow.
ing crops is intended to be exclusive of other
modes, and is a declaration of legislative intent
that such property shall be regarded as a chat-
tel, 474.

whether growing crops are part of the realty as be-
tween a mortgagor of the land and mortgagee,
474.

CHECKS. See BANKS AND BANKING.
CHINAMAN,

citizenship of, born in the United States, 299.
CHILDREN,

admissibility of the testimony of children, 115.
liability for defective premises resulting in injuries
to, 457.

CITIZENSHIP,

of Chinaman born in the United States, 299.
CIVIL RIGHTS,

application of the statute as to, to hotel accommo-
dations, 407.

COINS,

a tender of a silver coin cannot be refused because
of natural abrasion, 67.

COLLATERAL ATTACK,

of the acts of de facto public officers, 346.
CONDEMNATION. See EMINENT DOMAIN.

CONFLICT OF LAWS,

assignment for the benefit of creditors as to prop-
erty beyond the State in which the assignor re-
sides and makes the assignment, 71.
garnishment of foreign corporation-situs of debt,
88.

enforcement of the statutes of other States appli-
cable to the liability of stockholders, 192.

a draft drawn in Illinois on a New York bank, and
payable in New York, is governed by the laws of
New York, and such draft will not operate as an
assignment pro tanto of the drawer's funds in
said bank, though the action is brought in Illi-
nois by the payees against the assignee of the
drawers, to recover the amount of said draft, 321.
the joint note of two persons, payable in New York

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