the right to privacy, 21.

the right of appeal from a State to United States
Supreme Court, upon the ground of violation of
a constitutional provision, 24.
legal censorship of the press, 47.
validity of "separate coach" laws, 47.

validity of federal statute relieving witness from
prosecution for self-incriminating testimony un-
der the interstate commerce law, 48.
statute taking away limit of damages for death by
wrongful act, is not retrospective, 67.
validity of the Missouri "habitual criminals" act,
67.

retroactive effect of mortgage redemption law, 107.
determination of constitutional questions by the
executive, 117.

constitutionality of penal statutes, 138.

constitutionality of California irrigation law, 171.
rights of members of the legislature to hold office,
172.

validity of State tax upon foreign building and loan
association, 172.

how far a peddler is engaged in interstate com-
merce and not subject to municipal ordinance,
219, 220.

patriotic public use under the federal constitution,
239.

citizenship of Chinaman born in the United States,

299.
the official acts of a public officer in an office created
by an unconstitutional statute of the State, per-
formed before the statute has been declared un-
constitutional by an authoritative decision of the
court, cannot be collaterally attacked, 346.
obligations payable in "gold coin," 363.
the right to publish letters, 366.

validity of the legislative apportionment act of a
State, 390.

hotel accommodations within the purview of the
civil rights act, 407.

applicability of gume law as to sale of prohibited
game in another State, 408.

constitutionality of acts prohibiting barbering on
Sunday, 473, 511.

requiring a plaintiff to join in a demurrer to the
evidence, is not in violation of the constitution,
494.

conclusi veness of foreign judgments, 499, 501.
constitutional power of States, 502.

effect of statute extending the time for redemption
of premises, sold on mortgage, as impairing the
obligation of contracts, 512.

CONTRACT-Continued.

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 upon a special contract, 32.

by which defendant, formerly a dealer in a certain
city, to refrain from following such occupation
for five years within the State, excepting the said
city, is unreasonable and void as a restriction of
trade, 49.

marriage as a valuable consideration for, 87.
action cannot be maintained on contract, the con-
sideration of which is either wicked in itself or
prohibited by law, 94.

right to recover on, where consideration is illegal,
97.

a broker employed to negotiate the sale of flour at
a certain price, who, without authority, makes
the contract in his own name, cannot, on his
principal's refusal to deliver, recover from the
principal damages paid by him to the purchaser,
109.

of national bank, ultra vires, 134.

right of, on behalf of a third person not party to
the contract for breach thereof through negli
gence causing damage, 139, 142.

an agreement to extend the time of payment of a
debt until the bank which had suspended should
resume, is void for uncertainty, 152.

when will deceit lie on a broken promise, 161.
obligations payable in "gold coin," 363.
power to issue bonds payable in "gold coin," 363.
for the sale of lots by chance is void as against
public policy, 435.

the contract of a municipal corporation with a
party upon a valid consideration, may be en-
forced by a third party, though not named in the
contract, where the promisee owes to him some
obligation or duty which gives him a just claim,

436.

recovery of consideration on an illegal contract
454.

CONTRIBUTORY NEGLIGENCE. See NEGLIGENCE.
CONVERSION,

by pledgee, 354.
CORPORATION,

citizenship of a corporation formed by the consol.
idation of corporations of three different States,

23.

maintenance of an action by and against subscriber
for stock, 49.

garnishment of foreign corporation, 88.

one dealing with the agent of a business corpora
tion, in a matter relating to its business opera-
tions, and not involving its corporate functions,
is not charged with notice of its by-laws, 173.
enforcement of the statutes of other States appli-
cable to the liability of stockholders, 192.
extent of the power and authority of the presi-
dent of a corporation to bind it by contracts,

194.

the law of agency as applied to the question, 194.
the agency view continued, 194.

means of proof of the authority of the officer, 195.
authority implied from usual course of business,
195.

facts evidentiary of implied authority, 195.
by-laws of corporations as affecting implied au-
thority, 195.

authority of the president of a corporation-gen.
eral rule formulated, 196.

authority presumed, virtute officii, 196.
authority presumed, 196.

this presumption may be repelled, 196.
corporation bound by unauthorized acts of pres-
ident, if facts raise an estoppel against it, 197.
the same result follows if the unauthorized act
is ratified, 197.

where authority is implied or the company is es

CORPORATION-Continued.
topped to raise the question, by-laws are not
available to prove want of authority, 197.
collateral defense of non-corporate existence af-
ter expiration of charter, 211.

consolidating with another liable for the torts of
the latter, 211.

inhabitancy of corporations for the purposes of ju-
risdiction, 215.

old theory that corporations cannot migrate, but
must dwell in the place of their creation, 215.
modern doctrine that corporations can migrate
and acquire new domiciles for jurisdictional
purposes, 216.

State legislation domesticating foreign corpora-
tions for jurisdictional purposes, 216.

inhabitancy of corporations for purposes of fed-
eral jurisdiction, 217.

liability of charitable corporation for negligence
of servants, 240.

ultra vires purchase of stock by insolvent corpora-
tion, 240.

tramp corporations in the federal courts, 279.
foreign corporation purchasing a note in a State,
and having no purpose to do any other act in the
State, is not "doing business" in the State within
the statute regulating foreign corporation, 320.
authority of the president and secretary of a busi-
ness corporation to execute promissory notes
upon its behalf will not be presumed simply be
cause they have prior thereto exercised the power,
321.

the "trust fund" theory, 353.

citizenship of, for the purpose of jurisdiction in
federal courts, 433.

CORRESPONDENCE, 78, 98, 117, 162, 182, 250, 291, 311, 421,
465, 484, 502, 521.

immunity from process of litigant while attending
court, 397, 398.

contempt of, by newspaper publications, 453.
contempt of, in the federal courts, 453.

selection of special juries, 191, 198.

it is within the discretion of the trial court on satis-
factory evidence outside the record that the min-
utes incorrectly set forth its orders to direct an
amendment thereof at any time after judgment,
and a judgment entered in conformity to record
minutes which are incorrect must be set aside,
282.

special juries in Missouri, 345.

power of, to restrain production of play which is
calculated to interfere with the administration of
justice, 433.

a lawyer's duty as an officer of court, 434.

CREDIT INSURANCE,

where a member of the firm dies, after the sale by
it of goods on credit, but before the vendees fail
in business, the business of such firm is not dis-
continued by reason of such death within the
meaning of a condition in a credit insurance pol
icy, 496.

CRIMINAL LAW AND PROCEDURE,

constitutionality of the Missouri "habitual crimi-
nals" act, 67.

the putting up by several persons of money, and
deciding by the throwing of dice which of them
should have a turkey,, constitutes a game of

of chance, 70.

the decision of the question whether a very young
boy has sufficient intelligence to be competent as
a witness must rest primarily with the trial judge
and his determination will not be disturbed on
review unless clearly erroneous, 114.

admissibility of the testimony of children, 114, 115.
upon whom is the burden of proof as to sanity or
insanity in homicide cases, 151.

proof of the corpus delicti by circumstantial evi-
dence, 154, 389.

exclusion of a jury pending preliminary examina-
tion as to the admissibility of a confession, 158.
juror testifying on the voir dire that from reading
newspaper reports of the case he had formed and
expressed some opinion, but that his opinion was
not fixed, is competent, 158.

the doctrine of ejusdem generis in the construction
of criminal statutes, 172.

power of court to order a seizure of private prop
erty by the police to be used as evidence in a
criminal trial, 178, 181.

the validity of verdict rendered in the absence of
the accused, 192.

contradiction of dying declarations by proof of
previous inconsistent statements, 259.

criminal cases in the United States Supreme Court,

CROPS,

whether a part of the realty within the terms of a
chattel mortgage, 474.

DAMAGES,

recovery of damages by a married woman

in her

DAMAGES-Continued.

own right for personal injuries rendering her un-
fit for labor, 239, 247, 248.
liability of carriers of passengers for exemplary
damages in failing to carry passenger holding an
excursion ticket back to his starting point, 300.
measure of damages for failure to deliver goods
especially ordered, where the vendee anticipated
extraordinary profits, 305.

measure of damages for breach of contract of sale,
309.

measure of damages for failure to comply with
building contract, 310.

DEATH BY WRONGFUL ACT,

statute taking away limit of damages for death by
wrongful act, is not retrospective, 67.

a bastard is not a child within the meaning of stat-
ute providing that the father may maintain an
action for the death of a child, 457.

DECEIT,

liability of medical practitioner for, 88.

when will deceit lie on a broken promise, 161.
DEED,

a conveyance, wherein the consideration is the
support and maintenance of the grantor on the
land conveyed, contains a condition subsequent
which may be enforced against any one into
whose ownership the land may pass, 8.
conditions subsequent generally in, 12.
admissibility of parol evidence to vary or explain
a deed, 55, 57.

DESCENT AND DISTRIBUTION,

inheritance by one causing the death of testator,
133.

DIGEST OF CURRENT OPINIONS, 13, 34, 59, 78, 79, 99,
119, 143, 163, 183, 204, 226, 251, 271, 292, 312, 331, 355, 375,
400, 422, 446, 466, 485, 503, 522.

effect of divorce upon the writ of, 78, 162, 250.
ELECTIONS AND VOTERS,

parol evidence to show the intention of the voter
as to the party for whom he intended to vote, 454.
ELECTRICITY,

liability of electric street railway for injuries to a
person caused by contact of telephone with the
trolley wire, 152.

liability for injuries through contact of electric
light wire with the metallic roof of a hotel, 320.
ELECTRIC STREET RAILWAY,

liability of, for negligence in injuries to a bicycle,
242.

EMINENT DOMAIN,

the rights of tenants, 51.

relation of landlord and tenant, 51.

condemnation of part of the premises under right

of eminent domain, 51.

condemnation of the entire premises, 52.
condemnation money-apportionment, 52.

the minority doctrine, 53.

application of the doctrine that the tenant must
repair, 53.

destruction of the subject-matter, 54.

EMPLOYER AND EMPLOYEE. See MASTER AND SERV-
ANT.

proof of the corpus delicti by substantial evidence,
154, 389.

contradiction of dying declarations by proof of
previous inconsistent statements, 259.
books of account as evidence, 302.

chemical experts-a trio of important factors in the
detection of crime, 323.

evidence as affected by opinions of analytical
chemists, 324.

evidence as affected by the opinions of micro-
scopists, 325.

evidence as affected by the opinions of photog-
raphers and photographic copies, 326.

on trial of defendant for rape, alleged to have been
committed on the person of his daughter, it was
error to admit, for any purpose, evidence of a
like offense subsequently committed on the per-
son of another daughter, 351.

admissibility of evidence of other crimes, 353.
evidence illegally obtained, 392.

parol evidence admissible to show that a guar-
artee in a contract for sale of goods is according
to business custom and usage, 495.

EXECUTORS AND ADMINISTRATORS. See ADMINIS-
TRATION.

EXPERT TESTIMONY,

chemical experts—a trio of important factors in the
detection of crime, 323.

FEDERAL COURTS,

a corporation formed by the consolidation of cor-
porations of three different States, pursuant to
the laws thereof, is within each of such States a
corporation of that State, and the federal courts
there held have no jurisdiction of a suit against
it by a citizen of the State, on the ground of
diverse citizenship, 23.

jurisdiction by appeal from a State court to the
United States Supreme Court, 24.

validity of federal statute relieving witness from
prosecution for self-incriminating testimony un-
der the interstate commerce law, 48.
antagonistic receivers in, 133.

inhabitancy of corporations for the purposes of
jurisdiction in, 217.

tramp corporations in the federal courts, 279.

jurisdiction of, to determine validity of will, 364.

following State decisions, 374.

citizenship of corporations for the purpose of juris-
dlction in, 433.

contempt of courts in, 453.

privilege of witnesses in federal courts from giving
self-incriminating testimony, 493.

FEDERAL OFFENSE,

particularity required in setting out the offense in
information charging the mailing of obscene mat-
ter, 300.

FINDER,

right of finders of lost articles, 319.
FORGERY,

when one without authority executes a receipt for
money purporting on its face to be executed by
him as agent for the person whose name he signs,
he is not guilty of, 365.

FRAUDULENT CONVEYANCE,

the fact that a transfer by a debtor in payment of
a just debt was also in consideration that the
transferee should not prosecute the former for a
crime, does not render the transfer subject to at-
tack at the instance of creditors, as fraudulent,
348.

GARNISHMENT,

of foreign corporation-situs of debt, 88.
receiver appointed in an action brought by one
partner to wind up and administer the affairs of
an insolvent firm, cannot be garnished by a firm
creditor without leave of the court which ap-
pointed him, 408.

GIFT,

moral obligation as a consideration for, 2.
revocation of gift of negotiable note by death of the
maker, 2.

causa mortis-sufficiency of evidence to uphold,
108.

GUARANTY,

distinction between suretyship and guaranty, 480,
423.

GUARANTY INSURANCE,

interpretation and application of the law as to, 443,

445.

HAWKERS AND PEDDLERS,

how far a peddler is engaged in interstate com-
merce and not subject to municipal ordinance,
219, 220.

HOMESTEAD,

effect of setting aside a fraudulent conveyance of
the, 88.

declaration of an intention to claim land as a home-
stead without improvement or occupancy there.
of, is insufficient to constitute the land a home-
stead, 391.

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.

HOMICIDE,

burden of proof where defense of insanity inter-
posed, 151.

proof of the corpus delicti by circumstantial evi-
dence, 154, 389.

an incident of the right of self-defense, 408.

HUMORS OF THE LAW, 119, 162, 183, 251, 271, 330, 355,
375, 422, 485.

HUSBAND AND WIFE,

seducer not liable in damages to an affianced hus-
band, 107.

liability of husband for slanderous words uttered
by the wife, 151.

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.
right of married woman to recover damages in her
own right for incapacity to labor, 239, 247.
right of wife to recover damages for the unlawful
dissection of her husband's body, 407.

ILLINOIS,

meeting of the Illinois State bar association, 133,
151.

comparative negligence in, 521.

IMPEACHMENT. See WITNESS.

INFANT,

interest of, in partnership property, 291, 311.
INJUNCTION,

court of equity may interfere by injunction to pre-
vent persons from attempting by intimidation,
threats by personal violence and other unlawful
means to force employees to quit work and join
in a "strike" which threatens irreparable injury

INJUNCTION-Continued.

to the property of an Individual, though such
may also be a violation of a criminal law, 74.
INNKEEPERS,

hotel accommodations within the purview of the
civil rights act, 407.

INSANITY,

burden of proving, in homicide cases, 151.
INSURANCE. See, also, CREDIT INSURANCE; LIFE IN
SURANCE.

construction of policy providing for a condition
and limitation within which suit must be brought,
221, 223.

an owner of a building, though he has, under a fire
insurance policy, recovered the full loss sus-
tained by the burning of his building, caused by
his lessees, in violation of their lease may, in his
own name, sue his lessees for the damages to the
building, 259.

interpretation and application of the law as to
guaranty and title insurance, 443, 445.

action on a verbal contract of, 495.

parol evidence inadmissible as to verbal contract
of insurance, 495.

INTERNATIONAL LAW,

enforcement of penal statutes in foreign countries,
58.

INTERSTATE COMMERCE,

privilege of witnesses in federal courts from giving
self-incriminating testimony under, 498.

INTOXICATING LIQUORS,

sale of liquor by social club is not within the mean-
ing of the statute, 438.

JETSAM AND FLOTSAM, 58, 78, 117, 161, 182, 203, 225, 249,
353, 374, 400, 421, 464, 484.

JUDGMENT,

lien of, appealed from and dismissed, 78.

it is within the discretion of the trial court, on sat-
isfactory evidence, outside the record, that the
minutes incorrectly set forth its order, to direct
an amendment thereof at any time after judg
ment and judgment entered in conformity to rec
ord minutes which are incorrect must be set
aside, 282.

conclusiveness of foreign judgments, 499, 501.

JURIES,

special juries in Missouri, 191, 198, 345.
competency of juror who has formed and expressed
an opinion, 158, 160.

LABOR,

injunction to prevent a threatened strike, 74, 77.
validity of recent labor legislation in congress, 1.
validity of State enactments requiring corpora-
tions to give to discharged employees the causes
of their removal, 1.

LANDLORD AND TENANT,

the rights of tenants upon condemnation of land
under eminent domain, 51.

an owner of a building, though he has, under a fire
insurance policy, recovered the full loss sus-
tained by the burning of his building, caused by
his lessees, in violation of their lease, may, in his
own name, sue his lessees for the damages to the
building, 259.

a party who leases premises in a dangerous condi
tion is liable to a third party who without negli
gence on his part is injured by reason of such de-
fect, if the lessor knew or should have known of
the existence of such defects, 288.

liability of owner or tenant for damages occasioned
by dangerous premises, 290.
covenants in leases, 412.

the landlord is liable to his tenant for injuries re-
sulting from a defect in the premises which were
leased for a boarding-house, of which the land.
lord, by the exercise of reasonable care, might
have known at the time the premises were leased,

411.

LARCENY,

liability for, in bringing stolen property from a

foreign country, 412.

conversion by a bailee constitutes, 434.

LAW BOOKS,

Book Reviews, Digests,

General Digest, vol. 10, 161.

Book Reviews, Reports,

Ballard's Annual on the Law of Real Property, 58.
American State Reports, vol. 45, 161.

American Negligence Cases, 183.

Abbott's Select Cases on Evidence, 183.

Abbott's Select Cases on Code Pleading, 355.

American Electrical Cases, vol. 4, 355.

American State Reports, vol. 46, 375.

Book Reviews, Text Books,

Cooley's Elements of Torts, 33, 58.

Ray on Negligence of Imposed Duties, 33.
Walker's American Law, 118.

Thompson on Private Corporations, vol. 5, 118.
Dembitz on Land Titles, 118.

Recollections of Lord Coleridge, 161.
Jaggard on Torts, 161.

Boone's Text Book of Law and Practice, 183.
General Principles of the Law of Sales, 183.
Foster on the Constitution, 203.

Merwin on Equity, 204.

Walker on Patents, 225.

Shinn on Attachment and Garnishment, 330.

Sedgwick's Elements of Damages, 355.

Lawson on Bailments, 375.

American & English Encyclopædia of Law, vol. 29,
400.

Fishback's Manuel of Elementary Law, 465.

American Corporation Legal Manuel, 521.

Black on Interpretation of Laws, 521.

Thompson on Private Corporations, vol. 6, 521.

The Works of James Wilson, 521.

LAW OF THE CASE,

the doctrine as to, 90.

LEGACY,

vesting of, 349.

LEGISLATURE,

what constitutes a quorum of a legislative body
and what evidence is proof thereof, 25.

LETTERS,

right to publish letters, 366.

LIBEL,

personal liability of managing editor of a news-
paper for libelous article, 243.

liability for words written by way of criticism in a
book review, 390.

reforms in the law of newspaper libel, 475.
LIFE INSURANCE,

death by suicide is not "death by his own hand,"
within the meaning of a condition of a life insur-
ance policy, 267.

construction of policy in absence of provision
against suicide, 268.

effect of provisions in policy against self-destruc-
tion, 269.

acquiring title to property through crime, 421.
LIMITATION OF ACTIONS,

laches and acquiescence, 79.

oral waiver of the statute, 389.

LOST ARTICLE,

rights of finders of, 319.

MARRIAGE,

as a valuable consideration for contract, 87.
promise of marriage in consideration of sexual in-
tercourse is void, 241.

MARRIED WOMAN,

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.
damages to, for incapacity to labor, 239, 247.
MASTER AND SERVANT,

validity of recent labor legislation in congress, 1.
validity of State enactments requiring corporations
to give to discharged employees the causes of
their removal, 1.

services whose performance is excused by sickness
or like disability, 26.

court of equity may interfere by injunction to pre-
vent persons from attempting by intimidation,
threats of personal violence and other unlawful
means to force employees to quit work and join
in a "strike" which threatens irreparable injury
to the property of an individual, though such
may also be a violation of a criminal law, 74.
liability of employers for the negligence of con
tractors, 110.

implied obligation of servant to act faithfully, 182.
liability of employers for the negligence of con
tractors, 182.

recovery by employee of royalty on invention
taken out by his employer, 212.

liability of charitable corporation for negligence of
servants, 240.

the term of hiring, 250.

liability of the master for wrongful act of the serv
ant, 280.

right of the master to trade secrects acquired by
the employee in the transaction of his business,

514.

MECHANIC'S LIEN,

upon land for materials placed in building de
stroyed by fire, 319.

MINNESOTA,

holder of note for pre-existing debt in, 311.

MISSOURI,

special juries in, 191, 198, 345.

MORTGAGE,

a question of notice, 78.

retroactive effect of mortgage redemption law, 107.
effect of statute extending the time for redemp-
tion of premises sold on mortgage, as impairing
the obligation of contracts, 512.
foreclosure of building and loan association mort-
gages, 516.

MUNICIPAL CORPORATION,

evasion by the legislators of constitutional provis
ions as to enactment of special laws relating to
cities, 1.

permanent maintenance of a fruit stand on a side-
walk is a public nuisance irrespective of incon-
venience to the public, 212.

liability on contract for the lighting of a city, which
is in derogation of statutory restriction as to
appropriation of money, 280.

liable for the omission of reasonable and ordinary
care in the management of its sewers, 327, 329.
property exempt from general taxation is still li-
able for assessments for public improvements,
348.

power to issue bonds payable in "gold coin," 363.
a contract for public improvements may be en-
forced by a third party though not named there-
in, 436.
NATIONAL BANK. See, also, BANKS AND BANKING.
an agreement by a national bank to procure a per-
son applications for insurance if he will procure
for it a customer is ultra vires, 134.