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to preclude the trustee from subsequently suing to sub. and stated that said entries were made almply for conject the property to the payment of the mortgage, pg. venience. Said old firm member had sued the per pecially as the sule was set aside at the instance of the firin member, who purchased bis interest for the debt, mortgagor.- JENNINGS V. PARR, 8. Car., 28 S. E. Rep. 82. and had obtain.d a judgment without making the 79. MORTGAGES - Limitations - Contractual Rights.

other member of the new firm a party: Held, the 98 Act March 25, 1889, $$ 1,2 (Sand, & H. Dig. $$ 5094, 5095),

firm did not assume said debt.-BROWNLEE V. LOBES provide that mortgages shall be subject to the same STEIN, Tenn., 42 8. W. Rep. 467. limitation as to time as is applicable to the evidence

88. PLEADINGS-Supplemental Petition.-In an action of debt thereby secured, require a payment which

to recover damuges for injury to property, resulting would extend the period of limitutions to be indorsed

from the maintenance of a nuisance, a claim for addi on the margin of the record of the mortgage, and allow

tional damages accruing since the commencement of one year from the date of the passage of the act for the

the action, from a continuance of tbe same nuisance, foreclosure of mortgages which would otherwise be barred by its provisions in less than one year: Held,

may be set up by supplemental petition.- FOT! 1.

BURLINGTON GASLIGUT CO., Iowa, 72 N. W. Rep. 756. that the act is not unconstitutional, as impairing the obligation of antecedent contracts.-HILL V. GREGORY,

89. PLEDGE OF NOTES-Action by Pledgor.- The fact Ark., 42 8. W. Rep. 408.

that a party had transferred certain notes held by bia 80. MORTGAGES — Priority - Recording.-Under Rev.

to another person as collateral did not withdraw euSt. 1894, $ 3350 (Rev. st. 1881, $ 2931), requiring every

tirely from bim the power of protecting his interrats mortgage to be recorded, and declaring that, when not

by proceeding against the maker of the potes.-O'KEL recorded in 45 days from execution, it shall be void as

LEY V. FERGUSON, La., 38 Atl. Rep. 783. against a subsequent bona fide mortgagee, the second 90. PRINCIPAL AND AGENT Koowledge of Agent.mortgage, duly recorded, takes precedence of the first Where a homestead is conveyed by husband and wife mortgage, not recorded within 45 days of its execu. to enable the grantee to procure a loan for the bios tion, though the second mortgage was executed within band in avoidance of the homestead laws, with tbe ab such 45 days.-CARSON V. EICKHOFF, Ind., 47 N. E. Rep. derstanding that the property shall thereafter be të 1067.

conveyed, one who lends money to tbe grantee, and 81. MUNICIPAL CORPORATIONS – Constructing Side.

takes a mortguge on the land as security, Is churgt walk.- W bere an ordinance authorizes the city council

able with the kuowledge of his agent, who acted for to order the construction of a sidewalk, by resolution him in the negotiation for the loan, as to the simulated which shall be served on the adjoining lot owners, and

character of the trapgaction, in the absence of auf provides that, in case the owner fails to construct the evidence that such agent colluded with the ctber par walk within the time fixed, the work shall be done on ties to defraud his principal.--PEOPLE'S BUILDING, contract at his expense, service of the resolution is a LOAN & SAVING ASSN. V. DAILEY, Tex., 42 8, W. Rep. $. condition precedent to the right to have the walk con. 91. PRINCIPAL AND SURETY - Discharge of Surety.--structed at the expense of the lot owner. - HAWLEY V.

written potice sent by a gurety on a note to the pare, CITY OF FT. DODGE, Iowa, 72 N. W. Rep. 756.

Informing bim that the writer signed as surety ogly, 82. MUNICIPAL CORPORATIONS - Contracts Charter and concluding, "Under no consideration will I cos Powers. – Though San Diego City Charter, ch. 6 (St. sent to a prolongation of said note, and hereby request 1889, p. 664), conferred on the common council power you to use every effort to collect" the name from the to employ special counsel, either by joint resolution other signers, only one of wbom hud signed as pride or by ordinance, a resolution providing for such em. pul, was a notice requiring the payre to sue; and, on ployment, and specifying the terms thereof, which bis lallure to do so within the statutory perlud, said was adopted without having indorg d thereon or at. gurety was discharged.-SOLLIVAN C, DWYER, Tel., 9 tached thereto a certificate of the auditor that the lia. S. W. Rep. 355. bility therely created could be incurred without vio

92. PRINCIPAL AND SURETY - Loan.-Sureties pald 80 lating any of the provisions of the charter, as required their principal sums necessary to meet payments oi by charter provision (St. 1889, p. 659, $ 14), was void.

the note they had guarantied as they became due. The POLLOK V. CITY OF SAN DIEGO, Cal., 50 Pac. Rep. 769.

principal at once puid such guys to its creditor, 108 83. MUNICIPAL OFFICERS

Appointment and Re- new notes were executed by it and the suretles to tbt moval. - An appointment m de to an office by a city creditor, and thereupon the principal guve bie note to coupcil at a time when the office has been declared pot each surely for the amount inen paid by him: Hello vacant by the supreme court, and made without first that such payments were not loans to the principal

, removing the incumbent declared to be legally entitled

but were payments for the benefit of the creditortbereto, is yoid. - MCALLISTER V. SWAN, Utah, 50 Pac. BRAY V. FIRST AVE. COAL MIN. 00., ind., 47N, E. Bep, Rep. 812.

1073. 84. NEGLIGENCE Proximate Cause. – Negligence is the proximate cause of an idj ry only when the injury

93. QUIETING TITLE,-Under Rev, St. 1834, $ 251 Ret. is the patural and probable result of such pegligence,

St. 1881, $ 251), requiring every action to be prisecated and, in the light of the attendant circumstances, ought

in the name of the real party in interest, a granter by to have been foreseen by a person of ordinary intel

warranty dred cannot maintain sult ia bis owo DAD,

to quiet title, against third persons claiming to inter ligence and prudence. DEISENRIETER V. KRAUS. MERKEL MALTING CO., Wis., 72 N, W. Rep. 735.

est in the land paramount to that convered to the

grantee.-CHAPMAN V. JONES, Ind, 47 N. E. Rep. 165 85. OFFICERS-De Facto and De Jure oficers.- Where the incumbent of a municipal office, filled by appoint.

94. RAILROAD COMPANY-Accidents at Crossings - La

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an action for the death of plaintiff's intestate at a tal ment of the mayor with the consent of the common council, is wrongfully removed by the council, and an.

road crossing, the court, after defining "neglig-ziet," other placed in his position by the mayor, without the

and instructing the jury that they were to decide the council's consent, the appointee is a mere intruder,

question, said: "You da the standard of reasonable, and not an oficer de facto; and hence payment of the

prudent, and cautious men, under the circumstances

of the case, as you find them, according to your jodk office salary to him does not relieve the city from lia. bility therefor to the de jure officer.- KEMPSTER V.

ment and experience of what that class of men do u

der these circumstances, and theu test the conductie CITY OF MILWAUKEE, Wis., 72 N. W. Rep. 743.

volved, and try it by that standard; and neither the 87. PARTNERSHIP-Firm Debis – Evidence.-Certain

judge who trys the case, oor any oter person, es book entries of a new firm indicated that it assumed

supply you with the criterion of judgment by any opis the debt of one of its members to a member of the old

ion he may hupe on that subject:" Huld emisleadiah rm for the price of his interest in assets of the old

as anthorizing the jury to fix its own standurd of 64 m that became assets of the new firm, but the mem.

ligence and ordinary care.-St. Louis, I. M. & . bers of the new tirm denied that it assumed such debt, Co. V. SPEARMAN, Ark., 42 8. W. Rep. 406.

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95. RAILROAD COMPANIES-Bridges.-Rev. St. 1894, § 102. RECEIVERS Appointment and Removal-Non5153, cl. 5 (Rev. St. 1981, $ 3903), empowers a railroad residenco.--A receiver appointed by a federal court in company to construct its road upon or across any New Jersey for a New Jersey manufacturing corpora. stream or highway "in such manner as to afford se- tion whose plant and bu-iness are located in Ohio, and curity for life and property;" but it requires the com. subsequently appointed on the commencement of an pany to restore the intersected stream or highway to ancillary suit, by a federal court in Ohio, will not be its former state, "or in a sufficient manner pot to un. removed by tbe lutter court on the application of necessarily impair its usefulness or injure Its fran- mortgage creditore wbo bave subsequently become chises:" Held, that the “life and property" and the parties, merely on the ground that he is a non resident "franchises" referred to, are not those of the railroud of Ohio, where it appears that he is a fit person to company, but those connected with the intersected manage the business, and intends to give it his per. stream or highway.-NEW YORK, C. & ST. L. R. CO. V. sodul supervision.-BAYNE V, BREWER POTTERY CO., HAMLET HAY CO., Ind., 47 N. E. Rep. 1060.

U. 8. O. C., N. D. (Onio), 82 Fed. Rep. 391. 96. RAILROAD COMPANY-Delective Appliances-Neg. 103. RES JUDICATA-Sureties on Bond.-Sureties upon ligence.-A railroad track curved somewhat on a a probate bond are, in the absence of fraud, concluded bridge, so tbat at one corper the ends of bolts in a trues by the decree of the proper court rendered upon an acat the side of the bridge would be only 16 inches from counting by their principal, as to the amount of the

It was the duty of brakemen on freight princ pal's liability, even though the sureties be pot trains to loosen hand brakes while near and passing parties to the accounting.-MEYER V. BARTH, Wis., 72 over the bridge, and plaintiff, wbile going down a lado N. W. Rep. 748. der on a car, in discharge of such dnty, was struck by

104. SALES- False Representations Rescission.-said bolts: Held, that he coald recover damages.

Plaintiff bought digeused hogs from defendant, who -BRYCE Y. CHICAGO, ETC. BY. Co., Iowa, 72 N. W. Rop.

had represented them as sound, and, on learning the 780.

lucts, sued to rescind the contract: Held, that plaint97. RAILROAD COMPANY Illegal Construction Cop. Iff was entitled to relief, without regard to whether the tract. A contract by which certain directory of a representations were innocently or fraudulently street-railway company, acting in the name of a third made.-CARTER V. CULE, TeX., 12 S. W. Rep. 369. person, who is a mere dummy, are to construct the

105. SALES — Rescission for Fraud.-Plaintiff, by road, and divide between them the balance of the

menns of fraudulent representations, inducou defend. stock and boods not required therefor, is fraudulent,

ant, who believed the representations, 10 buy a new and bonds issued pursuant thereto are void.-VANDER

piano, for which she gave an old piano and $10 in part VEER V. ASBURY PARK & B. Sr. RY. CO., U.S.C.O., D.

Payment, and executed a contract wbereby the title, (N. J ). 82 Fed. Rep. 355.

ownership, and possession of the piano remuined in 98. RAILROAD COMPANY-Injuries to Persons on Track. the plaintiff. Drfendant, upon discovery of the fraud, -A ruilroad company owes no duty to a tresp 18ser on offered to rescind the contract and return the piano its tracks until its employees actually see niin on the upon return to her of the old piano and the $10, whicb track in a place of canger.-Thomas V.CHICAGO, ETC. plaintiff did not do: Held, that plaintiff could not RY. CO., luwa, 72 N. W. Rep. 783.

maintain an action for recovery of the plano.-MYERS 99. RAILROAD COMPANY Receiverg.-A court of

V. TOWNSEND, Iowa, 72 N. W. Rep. 761. equity, when called upon to appoint a receiver of rail. 106. SALE-Title-Delivery. The general rule is that road property, with power to operate the road and as between seller and purchaser, and as against coniuct its busine89, pending a foreclosure suit, may, strangers and trespassers, the title to personal prop. in the exercise of its judicial discretion, as a condition erty passes by sale without delivery, wheu no question of issuing the order, direct the receiver, out of money arises in relation to the statute of frauds.-CUMMINGS coming to his bands from such business, to pay the V. GILMAN, Me., 88 Atl. Rep. 538, outstapiling debts for lubor, supplies, equipments, or 107. SET-OFF-Evidence.-In an equitable action to permanent improvements of the mortgaged property, set off one judgment against another, evidence that 88 may under the circumstances of the order be rea plaintiff had in his hands book accounts of the defendsonable.-CENTRAL TRUST CO. OF NEW YORK V. UTAH aut of sufficient value to pay off plaintiff's judginent is OENT. RY. Co., Utah, 50 Pac. Rep. 813.

admissible, altbuugh the defendant bus but pleaded 100. RAILROAD COMPANY Receivers.-Acourt of

Puyment or counterclaiin.-UNION MERCANTILE Cu, v. equity does not take possession of a railroad for the

JACOBS, Mout., 50 Pac. Rep. 793. purpose of performing the contracts of the company, 108. SHERIFF8-Right to Ride on Freight Traing - To but solely to preserve avd protect the property, wnd 10 give a sheriff the right to ride on freight trains in the keep thi company a going concern, pending the set. prrformance of his official duties, between stations tlement of claims against it; and where the earnings where such trains stop," as provided in sectiou 3376a, are not sufbolent to pay all its creditors after paying Rey. St., it is not necessary that such trains should operating expenses, and keeping the property in safe Iegularly stop at such station, or be scheduled to stop condition for operation, they will be applied to the

there. It is sufficient if they are, lo fact, stopping payment of creditors who hold liens or cuntracts there at the time the sheriff gets aboard.-ALLEN V. which, it unpaid, they are entitled to enforce, and the LAKE SHORE & M. S. Ky. Co., Onio, 47 N. E. Rep. 1037. enforcement of which will endanger the integrity of 109. SLAND R-Separate Utterances.-In an action for the property.-MERCANTILE TRUST CO. V. BALTIMORE &

slander, defamatory words other than or similar to O.R. Co., U.S.C.C., D. (MU.), 82 Fed. Rep. 360.

thuge set out in the complaint, spoken by defendant at 101. RAILROAD COMPANY-License Negligence.--A

other times and places, whether prior or subsequent to depot platform had at the north end steps for the use

the bringing of such action, are udmissible in evidence, of the public, and at the south an apron from the

without being pleaded to show malice, but ure inad. ground for the same purpose. There was a well de.

missible in aggravation of damages.-BARKER V. fined footpath going from the public street across the

PRIZER, Iod., 48 N. E. Rep. 4. track to the platform. It would not have been proper 110. STATES, ADM18810N OF - Transfer of Pending to bave the grounds fenced, nor could the path have Cuses. - The Ulah enabling act authorized the constitu. well been obstructed: Held, that the railrond com. tional convention to provide for the transfer of pend. pany gave no license or invitation to any one to ap- ing cases to the proper State and federal courts. Ac. proach the track by the puth, and cross the track to cordingly it wag provided in the State constitution tbe east side of the platform, 80 as to render it liable that, in cases of concurrent state and federal jurisdic. to a person injured in so doing, without negligence on tion, a transfer to the federal court should be made its purt.-HUIS8 V, CHICAGO, ETC. RY. CO., Iowa, 72 N. upon motion and bond, in default whereof the case W. Rep. 787

should proceed in the proper State court: Held, that

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where neither party sought a transfer, but after final solute deed, no vendor's llen exists, in the absence of judgment in a territorial court one of them took an

express agreement of the parties.-SMITH V. ALLES, appeal to the State supreme court, and the other joined

Wash., 50 Pac. Rep. 783. in gubmitting it there for decision, this constituted an

119. VENDOR'S LIEN.-One who conveys and delivers election to proceed in the State courts, and precluded the defendant from translerring the case to the federal

possession of land retains an equitable lien thereon court after a reversal and remand for a new trial.

for the unpaid purchase money, though he takes no HECHT Y. METZLER, U. 8. O. C., D. (Utah), 82 Fed. Rep.

distinct agreement or separate security therefor, and 340.

the deed recites payment of the consideration in full.

MARSHALL V. MARSHALL, Tex., 42 8. W. Rep. 358. 111. TAXATION-Surplus of Savings Bank.-When tho surplus of a savings bank, under its charter and the

120. VENDOR AND PURCHASER-Specific Performance. laws of the state where it exists, belongs to its de

- Where the vendor did not own at the time of the sale positors, and though it is not payable at the same time

all the land he contracted to convey, and delayed for with their deposits, and may be retained for a tline to

more than two years to tender a deed, his prayer for meet contingencies, the depositors or their representa

specific execution of the contract was properly denied; tives are ultimately entitled to tbe pecuniary benefit

there being a total failure on his part to show paper of it, such surplus is a debt due the depositors, and

title, and a failure to satisfactorily establish a posses. under Laws 1857, ch. 456, is not subject to taxation.

sory title.-WHITE V. MORGAN, Ky., 42 S. W. Rep. 403. PEOPLE V. BARKER, N. Y., 47 N. E. Rep. 1103.

121. WATERS-Riparian Rights-Diversion. The fact 112. TAX LIEN.- Where two creditors of a common

that beadgates, erected for the purpose of regulating debtor, who is insolvent, each has, relatively to the

the flow of water into a branch stream so as to preother, the highest lien upon distinct parcels of real es

serve uniformity of volume for the use of successive tate belonging to such debtor, and there are outstand

mills along its banks, bave for over 21 years been coning, against the latter, tax executions issued generally

trolled by owners of the upper mill, without regard to against him in personam, and binding both parcels of

the needs of the lower owners, does not give the former the realty, the burden of discharging the liens of these

a prescriptive right to close the beadgates, and dirert executions should, as a general rule, upon equitable

the water into the main stream, whenever they do not principles, be apportioned between the two lien cred.

require it for their own use, to the injury of the lower itors, by making each of the two pieces of property

owners, who have bad no notice of any claim of right Jiable ratably for its proportion of the whole amount

to so interrupt the flow of water.-HUGHESTILLE of the taxes, according to the respective valuations at

WATER CO. V. PERSON, Pepn., 38 Atl. Rep. 584. which the property was assessed and returned for 122. WATER RIGHTS-Oral Transfer. Å settler in pos. taxation.-BROOKS V. MATLEDGE, Ga., 28 S. E. Rep. 119. session of government land, for which he bas appro113. TAX SALES-Validity of Deed.-Voder Pol. Code,

priated & water right, may transfer such land and $ 3776, providing that the certificate of a sale for taxes

water right by oral assignment, so tbat the transferee must state "the name of the person assessed, the de.

becomes bis successor in Interest in the water right, scription of the land sold, the amount paid therefor,

even though the transfer was without consideration -that it was sold for taxes, giving the amount and year

Woov v. LOWNEY, Mont., 50 Pac. Rep. 794. of the assessment," and section 3786, which requires 123. WILLS--Perpetuities.--A bequest to G, to be beld that the tax deed shall recite the matters recited in the in trust by executors for her benefit, the interest certificate of sale, a tax deed reciting "that said prop. thereon payable to her, and at ber death the same to erty was assessed according to law in the year A. D.

be continued to two certain minors, until they are each 188— for the years 1888 and 1889," was void, because it 25 years of age, when the sum is to be paid to them did not recite the "year of the assessment."-SIMMONS share and share alike, does not violate Civ. Code, $ 715, V. MCCARTHY, Cal., 50 Pac. Rep. 761.

prohibiting the suspension of the power of alienation 114. TRIAL-Right to Open and Close.-In an action

beyond the existence of lives in being.-IN BE HENDI's

ESTATE, Oai., 50 Pac. Rep. 753. on a note, defendant pleaded failure of consideration, and asked that he be allowed to assume the burden of

124. WILLS-Sale of Intants' Real Estate.-Under a de. proof. Plaintiff pleaded that he was an innocent pur.

vise by a testator to his wife of all bis estate, "to do chaser, for value, before maturity, without notice:

with It wbatever she may think proper as long as she Held, that it was not an abuse of discretion to permit

may remain single and lives, and after her death to defendant to open and close the argument.-PERRY V.

my children who may be living, or the legal heirs of

them who may die, to them and their beirs forever," ARCHARD, I. T., 42 S. W. Rep. 421.

the widow takes only a lile estate, with power to use, 115. TRIAL-Misconduct-View by Jury.-Where the

manage, and control it in any way she thinks proper gist of an action on trial is tbe condition of the locus in

while she lives and remains single, remainder to the quo, or where a view of it will enable the jurors the

children.-LOEB Y. STRUCK, Ky., 42 S. W. Rep. fol. better to determine the credibility of the witnesses, or any other disputed fact, if, in such a case, jurors, with.

125. WITNESSES--Privileged Communications-Pbysout the permission of the court, or knowledge of the

cians.-In an action against a city for injurles caused parties, examine the locality for the express purpose

by a defective sidewalk, evidence of plajotiil's phoneof acquiring such information, their verdict will be set

clans regarding her condition, and the information obaside, unless it is clear that such misconduct could not

tained while treating ber, when called as witnesses for have affected their verdict. Tbis rule must be given

defendant, 18 within the prohibition of Code 1878, a reasonable operation, and not applied where there

3643, providing that no physician shall be allowed to is only a possibility that the result was influenced by

disclose any confidential communication properly la.

trusted to bim in his professional capacity, and bec the alleged misconduct.-ROSH V. ST. PAUL CITY RY, CO., Minn., 72 N. W. Rep. 733,

essary and proper to enable him to discharge the fude

tions of his office according to the usual course ol 116. TRUST8-Completion.-A trust in favor of "chil.

practice. – BAXTER V. CITY OF CEDAR RAPIDS, Iowa, 72 dren now living, or that may hereafter be born," of a

N. W. Rep. 790. woman, will last during the woman's lite, as the law

126. WITNESSES

Transactions with a Decedent. supposes a possibility of issue as long as a woman shall live.-BEARDEN V. WHITE, Tenn., 42 S. W. Rep. 476.

Where a husband buys land, and bas it deeded to be 117. TRUST-Resulting Trust.-There is no resulting

wife without her knowledge, there is no personal

transaction between him and her, within Code 1973, 1 trust in favor of a wife in land purchased with her

3639, providing tbat no party can be exar ined 45 do money, where title is taken in the husband's name at

any personal transaction or communication between her request.-HENDERSON V. BANIEL, Tenn., 42 8. W.

blm and a person at the time of ggch examlostioa de

ceased, etc.--HAGAN V. POWERS, Iowa, 72 N. #. Rep 118. VENDOR'S LIEN.-Where land is conveyed by ab. 771,

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Rep. 470.

INDEX-DIGEST

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

IN VOLUME 45.

A separate subject-index for the "Digest of Current Opinions" will be found on page 515, follow
ing this Index-Digest.

ADMIRALTY,

damage sults by stevedores, 350.
ADULTERATION,
criminal liability for, where there is no criminal

intent, 116, 117.

liability of the master for act of the servant, 118.
AMERICAN BAR ASSOCIATION,

he twentieth annual meeting of the, 108.
ANIMAL,

knowledge of servants put in charge of a bull to

drive him to a certain place, that he is vicious, is
knowledge of the owner, so as to make him liable

o a stranger injured by him, 424.
ARKANSAS,
legislative impairment of corporate charters in

Arkansas, 67.
ASSIGNMENT FOR BENEFIT OF CREDITORS,
estoppel of foreign creditor to contest an assign.

ment, 328.
creditors not estopped to assall an assignment vold

in law upon the bare ground that they indicated
BANKS AND BANKING-Continued.
power of bank president to indorse commercial

ABUSE OF PROCESS,

the holder of a judgment note, the maker of which
h knows is solvent, may without notice or de.

judgment entered and execution
levied (without being liable to the maker for ma.
licious abuse of process, 56, 57.

what constitutes, 57.
ACCIDENT INSURANCE,

liability for death resulting from poison, 33.
the proximate cause of death within the terms of

an accident insurance policy, 146.
ACTION,
an action by the husband for a long caused by in.

uries to his wife through the negligence of de
fendant, will lie, though the wife has already re-
covered in her own right for the injuries received
8.
right of action by father for autopsy performed on

child's dead body without his consent, 67.
by wite for eller ation of husband's attections, 79.
against eith. Of wo joint tort-teasors, 111.
tor inducing a hird party to break a contract, 119.
whether lies against an association of tradesmen

for the purpose of fixing prices and controlling
trade, for refugal by one thereof to sell goods to a

debtor, 226.
for inducing a servant to break contract of employ.

ment, 254,
for injuries to infant in ventre sa mere, 845.
ADMINISTRATION,
contract with suffcient consideration to act as ad.

ministrator without compensation, is valid, 204.
agreement by the legatees under a will to pay to

one of several persons proposing to contest the
will a certain sum of money in consideration of
bis agreement to withdraw his opposition to the
probate thereof, is valid, 289.
garnishment of an executor, 325.
an executor and his sureties are not liable on his
bond for the proceeds of land in a foreign State
sold by him under power conferred by the will,
said will never having been probated in the State
where the land lies, so as to authorize such sale,

329.
validity of statute providing for the administration
of the estate of one who has been absent and not
heard from for seven years, 330.

their purpose to take under such assignment, 483.
ASSOCIATION,

the Kansas City live stock exchange decision, 397.
ATTACHMENT. See, also, WRONGFUL ATTACHMENT.

intervention in cases of, 261, 264.

geizure of fixtures under judicial process, 465.
ATTORNEY AND CLIENT,

the general power of an attorney to act on behalt
of his client does not authorize him to accept an
acknowledgment of indebtedness of the garnishee
of the judgment debtor in satislaction of a judg.

ment in the client's favor, 327.
suspension of disbarment proceedings by reason of

institution of criminal proceedings, 47.
duty and liability of attorney to client, 131.
what constitutes a champertous contract between,

226.
evidence of confidential communications between,

314, 315.
BAGGAGE,

liability of carrier for merchandise carried as bag.

gage, 481.
BANKS AND BANKING,

drawing of check as an equitable assignment of

fund, 2.

paper, 47.
knowledge of a bank officer in the discounting of

paper, as constituting knowledge of the bank, 71.
permitting the examination of papers sent o. o. D.,

327.
necessity of tender of whatever of value has been

received upon the rescission of a contract, 462.
BENEVOLENT SOCIETY,

change of beneficiary by member of, 346.
one who bas a mutual benefit policy may change

the beneficiary where authorized by the insurer's
by-laws, though the original beneficiary has paid

assessments or incurred expenses, 491.
change of beneficiaries in mutual benefit insur:

ance, 491, 493.
BICYCLE,

collection of tolls from bicycle riders, 251.

validity of bicycle tax, 269.
BILLS AND NOTES,

the indorsee before maturity of a negotiable note

who takes it as security for a debt of the indorser,
is a bona fide holder only to the extent of the debt
secured, and the note as to the excess, if any, is

subject to equities, 6.
power of president of bank to indorse commercial

paper, 47.
personal liability of officer of corporation in sign.

ing promissory notes, 283, 285.
commercial paper based on pre-existing debts, 367.
the authority of an agent to execute a promissory

note for his principal, 384.
an assignment in writing on the back of a note

whereby one of two joint payees assigps his in-
terest to bis copayee, will operate as a mere
transfer of the assignor's interest and is not such
an indorsement as will render him liable as an

indorser, 408.
BILLS OF LADING. See CARRIERS OF GOODS.
BONA FIDE PURCHASER,

rights of indorsee before maturity of a negotiable

note who takes it as security for a debt of the in.

dorser, 6.
BOOKS RECEIVED, 16, 265, 286, 319, 341, 398, 452.
BOYCOTT,

legality of the, 461, 470, 481, 494,

by attacking credit, 481.
BUILDING AND LOAN ASSOCIATION,
recovery of payments to a foreign building and

loan association, 108.
usury by, 145.
how far a building association may receive in ad-

vance full payment for its stock and issue certifi.
cates therefor, and agree to pay a certain rate of

interest thereon in lieu of profits, 335.
waiver of right of withdrawal from &, 335.
cannot prefer one class of its stockholders over an.

other by pledge of any of its assets for that pur.
pose, 335.
usury by, 339.
forfeiture of shares, 340.
withdrawal of members, 340.
payment of withdrawing members, 340.
waiver of rights, 340.

withdrawal of members upon insolvency of, 385.
BURGLARY,

what constitutes a "breaking" in prosecution for,

14.
what constitutes a "breaking" is a question of law

for the court, 14.
CARRIERS OF GOODS,

the "excess and deficiency" clause in bills of lad.

ing, 34.
effect of stipulations in way bill limiting the car.

rier's liability, 155.
limitation of carrier's liability, 156.

(ute
0 CRS OF PASSENGERS,
press

Sility of, for Injury to passengers while in the
19h.

1ggage room, 32.
9. Vidity of contract to indemnify a common carrier

of passengers against losges occurring from in.
juries to its passengers, 206.
nditions and limitations governing rights of
holders of round-trip tickets, 212, 215.
lidity of Iudiana "three-cents" car fare legisla-

cion, 225.
pssenger on a crowded excursion train is not

guilty of contributory negligence in standing on
the platform, there being only standing room in-

side the cars, 270.
right of railroad companies to restrain brokerage

in railroad tickets, 403, 404.
how far an employee may be a passenger, 462.
liability of, for merchandise carried as baggage

without the knowledge of its true character, 484
CHATTEL MORTGAGE,

revivor of paid real and chattel mortgages, 231
CHECK. See BANKS AND BANKING.
CHILDREN,

duty of rallroad companies to trespassing children,

125.
CIVIL RIGHTS,

proprietors of a restaurant liable for refusal of a

waiter to serve a guest solely because a colored

person, 424.
CONFLICT OF LAWS,

injunction to prevent bringing of soit in a foreiga

court upon the ground that such suit is prohibited

by the law of the place, 49.
CONSIDERATION. See CONTRACT.
CONSPIRACY,

liability of an association amongst tradesmen for

the purpose of Axing prices and controlling trade,

226.
CONSTITUTIONAL LAW.

validity of the Missouri parol law, 1.
what are incompatible offices within the purvier

of constitutional restrictions, 1, 9.
suits against individuals holding State offices, as i

suit against the State, 29.
power of boards of health to impose the require

ments of vaccination as a condition of admission

to the pnblic schools, 29.
validity of city ordinance changing the grade of t

street to conform to railroad bridges, 30.
validity of retroactive act giving right of redemp

tion from tax sales, 48.
legislative impairment of corporate charters is

Arkansas, 67.
what constitutes a lottery withio constitutional

prohibition, 68.
validity of the provision of building and loan 1880-

ciation in the exaction of premiums and interest,

as usury, 145.
validity of the Ohio "Torrens" law, 205.
validity of Indiana "three cents" car fare legisla.

tion, 225.
validity of statute where tbe records of the legis

lature do not affrmatively show that the bill 128
read three times, as demanded by the constila-

tion, 290,
right of owner to notice before abatement by me

nicipal corporation of a pulsance on bis prew.

ises, 290.
validity of statute providing for the administration

of the estate of one wbo has been absent and "n06
heard from, directly or indirectly, for the term of

seven years," 330.
validity of act providing for the destruction of die

eased trees, 345.
the right to throw stereopticon views op bulld.

ings, 356.
validity of Ohio act establishing State medical

board for the examination and licensing of phost-
clang, 403.

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