.......................... 121

CRIMINAL LAW. Burglary defined.......

Sentence after adjournment of court for term...
Assault with intent to commit manslaughter..

........
Venire without seal...............
Plea in abatement. When sufficient...........
Selection of jurors five days before hearing.

.......................105
Murder. Motive. Evidence, &c.....

........................105
Change of court. Misapprehension of jury.
Evidence of accomplice........
Competency of juror.....
Custody of jury-wheel.... ... ......

................................122
Declarations of accused. Res gestæ.

......................................122
Presumptions..................
Evidence. Use of deadly weapon, &c..
Forgery. Requisites of indictment...
ent................................

.....150
Evidence of accused. Belief that his life was in danger...

............................................105

.......................................122

..........................................183

......................

..150

................................................. 43
ed ....................................... .........150

CS..........................................130

.................................................. 150

1...................................

75

n............

26

DAMAGES. Conversion of stock.....

Measure of, where water diverted.........
Civil damage act. Exemplary damages....

Defective shaft. Causa proxima ...........
DÉAD BODY. Control over rests with next of kin......
DEED. Acknowledgment by married woman.......

When original deed has been destroyed.....
Property conveyed to wife with knowledge of party lending money thereon
Sheriff's deed. Limitations........

.............
Delivery defined............
Deed between husband and wife.......
Deed of person non compos mentis.

..................166
DIRECT TAX LAW. Validity of deed under, &c......

............... 91
DIVORCE. Invalidity of divorces where parties were not within jurisdiction.

134
Fornication and adultery.......
DOWER. Action to preserve dower while husband is alive.......
Marriage settlement in lieu of...

... 11

................................

..............

75

.............................................122

............1

EASEMENT. Ways of necessity, &c..........

.........................
Light and air. 'The rule in Indiana..

.........123
EJECTMENT. Title to lands held by Confederate States. Executor. Estoppel. Practice..166
ELECTION. Vacancy. “Duly qualified" defined.....

... 57
Presidential elector. Member of Centennial Commission........

................ 43
EQUITY. Official bond that is defective............

.............151
Jurisdiction. Power of court to decree sale of stock deposited as collateral security.

Power of attorney............
Mortgage. Tender....
EVIDENCE. Parol evidence to vary terms of written instrument..

... 58
Meaning of words. Custom. Terms of trade.
Impeachment of witness...........
Widow. Suit respecting estate of deceased estate.........
Evidence of bargain with agent of insurance company. Proof of powers of agent..

.....167
Contract under seal. Other writings and parol evidence to explain....

........151
Declarations and admissions of special agent........

.........151
Trial. Jurors........

............ 15
“Civil damage” act. What may be proved.........

.....151
Proof of signature. Comparison.

...151
Photographic copies of instruments sued on secondary evidence...

...152
Judgment. Ejectment. Possession .......
FALSE PRETENCES. What constitutes offence of obtaining moneyu nder false pretences 167
FIXTURE. Fixture defined.......

........ 12
FOREIGN LAW: Judgment. Limitations. Lex loci.........

.... 12
FRAUDS, STATUTE OF. Oral guarantee of note....

....152
FRAUDULENT CONVEYANCE." Title acquired under fraudulent conveyance..... ...152
FRAUDULENT REPRESENTATION. Action for deceit. Measure of damages...... .. 76

GRATUITOUS SUBSCRIPTION. When gratuitous subscription cannot be enforced....
HABEAS CORPUS. Practice. Power of judge. .....

.....168
HOMESTEAD EXEMPTION. Watercraft. Boat furniture.........
INFANT. Contract. Partnership. Ratification. Promise of infant to pay checks....... 152
Ratification by infant. Check...

...168
INJUNCTION. “Bills and notes....

12
Where answer to petition is quashed.......

.... 45
............180
............ 76

27
27

ent....................................

N

59

m

iner...................................

59

60

92

92

......

93

............. 93
..............106

Court of equity will only interfere in case of trespass.....

..106
Contempt of process of state court by receiver of federal court...
INSANITY. Self-destruction not regarded as proof of insanity.....
Executed contract made with insane person.......

...........123
INSURANCE. Forfeiture for non-payment of premium-note..

Taxation. Premium reserve fund of company.....
Where through misapprehension agent issues policy on wrong building
Abortion. Where death resulted from....
Pleading averment of interest. .......
Surrender of policy. Power of agent...
The Massachusetts statute of 1861.......
“ Other insurance" defined........
Marine insurance, Deviation ......
Where vessel is justifiably sold.......

59
Application filled out by medical examiner.
Right of part owner of vessel to sue...........
Part owner of vessel cannot insure for other owners...

60
Additional insurance. Where policy contains condition of avoidance...

60
Assignment of policy ............................................
It is improper to admit in evidence letters of company's secretary...

92
Reformation of policy. Evidence. Pleading. Misdescription,' &c....
Omission to give information a question for the jury............
Warranty and misrepresentation. Knowledge of agent........
Whether or not a house is occupied .........................
Construction of policy. “Contiguous " defined......
Insurance obtained through broker. Misrepresentation, &c...

.............. 106
Construction of policy. Imperfect answer in application........

............. 106
Purchase of policy. Person who has no interest........

...........107
Construction of policy. Written and printed conditions........

.............107
Parol testimony to enlarge policy.................................................
Payment of premium. Annual credits. Paid-up policy. Forfeiture, &c. .............107
Agreement of agent to give notice as to premium. Ratification. Estoppel............123
Construction of policy. Mortgage. Other insurance, &c..........
Failure to pay premium note. Forfeiture. Waiver. Rights of insured, &c. ..........135
Agency. Agreement of agent where no company is specified. Waiver by agent.......135
Objections to the sufficiency of proofs of loss...........

............135
Description of title. Where agents knew the condition...
Pleading. Multifariousness. Failure to allege inability to prove contents of inaccessi-

ble policy. Specific performance................................................136
The underwriter of ship may maintain suit in admiralty for the premium..............136
Description taken from policy of another company. Knowledge of agent of erroneous

description.......................
Suicide. When intent is a question for jury......
Construction of policy. Waiver. Condition that waiver must be indorsed on policy, &c. 152
Incumbrance. Knowledge of insured.

...... .

....153
Waiver by agent. Fraud of agent. Liability of company..
Power of company. Investment of funds. Set-off. Mortgage. Ultra vires ...
Waiver by agent.' Renewal, &c. .......
Contract of insurance. When an entirety.....

.....170
By-laws.. Service of notice..........
Stipulation that failure to pay instalment would avoid policy.. ....
Acceptance. What constitutes contract. Precision. "Presumptions, &c...
Assessment upon notes of mutual company. Liability of insured. Waiver of con-

antion or poncy..............................................................il

Evidence. Forfeiture of life policy. Waiver..
INTEREST. Interest on verdict........
INTOXICATING LIQUOR. Compensation for taking care of intoxicated person...

Proximate and remote cause............

.........135

......135

JUDGMENT. Foreign judgment. When judgment conclusive, &c.........

Tort. Judgment for. Joint and several wrong-doers. ...........
JURISDICTION. Joint stock association organized under state law..

. . . . . . . . . .1 2
..........180

LANDLORD AND TENANT. Mortgage. Landlord's lien on crop not in esse..........

Lease. Distress. Notice to quit. Surety........
LEASE. Covenant to renew. Execution where rental to be fixed by arbitration....
LIMITATIONS. Non-residence. Running of the statute......

When equity will disregard. Mining trespass not discoverable till after expiration of

period fised by statute. Ultra vires. Release, &c...

MANDAMUS. To compel overseers of poor to receive pauper.......

Application which depends on validity of statute,

....... 27

.........................181

.................

Never a preventive writ........

....44
School board. Power to receive draft, &c......

....181
MARRIAGE. Domicil. Conflict of laws...

.... 94
Impediments to marriage. Age of consent...

....137
Illegal marriage. Evidence.....

.........137
Suppression of testimony by prosecution......

.........138
Proof of guilty knowledge......

.....138
MARRIED WOMAN. Mortgage of married woman.........

Claims for medical services rendered to.........
MASTER AND SERVANT. Employment of servant by joint masters.....

....181
MECHANIC'S LIEN. Notice of lien. Partnership. Transfer of note to material-man. 14
Where lien covers only part of land.........

....... 14
Where materials are furnished indiscriminately for a number of houses.....
MISREPRESENTATION. Misrepresentation and mistake of law. Railroad Stock......138
MORTGAGE. Right of mortgagor to income.....

... 61
Mortgage to secure future advances. Rights of subsequent purchaser

.. 94
Mortgage obtains additional security.....
Mortgage of after-acquired property.........
Consideration. Where mortgage is held by mortgagor. Notice, &c...................153
Mortgage to secure coupon bonds. Sheriff's sale, &c......

.......154
MUNICIPAL BONDS. Subscription to stock. Where act contains no condition as to time.

Construction of agreement to build within specified time, &c. ........
Election. Presumptions as to votes cast at....
Registration under Illinois Statute of April 16, 1869...

...124
Not void by reason of defective execution.....
MUNICIPAL CORPORATION. Limitations. Where county owes debt........
Damages. Injury by building sewer.......
..............................

.. 77
Sale of earth taken from street of city........
Authority to subscribe not authority to sell........................................138
Power of public agents to bind.................

....154
Authority of public and private agents distinguished................................154
Property of county not subject to mechanic's lien........

.............

94

.............124

............

44

...................124

...............124

14

.......

.... 78

.

.

.

.

.

.

.

NATIONAL BANK. Mortgage. Sale of mortgaged premises. Ultra vires.............

Usury. Forfeiture.......................
Where there has been a series of renewal notes.....................................

78
Resolution to go into liquidation ......
State court may entertain action against national bank..............................139
Penalties. Jurisdiction of federal courts............

..............139
Special deposit. Liability of bank. Negligence.................

............155
Enjoining taxation of national bank shares. When bank a proper party..............182
Injunction to stay tax. Grounds of. Multiplicity of suits........
Taxation of national bank shares. Rate of taxation................................182
Deduction of shareholder's indebtedness..............

...,182
Deducting real estate owned by bank. Double taxation...........................

.....182
NEGLIGENCE. Contributory negligence by child....................................

Keeping of vicious dog..........................................................
Driving with insufficient harness.................................................
Trespass by infant............................
Liability of one who stores water on his own land Act of God.....................
Presumptions. Burden of proof......
Railroad. Injury to servant.......
Carriage while being driven across the track of a passenger railway..................109
Injury to looker-on...................................

.......................................139
Duty to public. Dangerous private way..........

...............173
Ejection of passenger. Retention of passenger's money by conductor. Contributory
negligence. Duty of conductor, &c.........
tor, &C...........................

.............183
NOTES OF NEW BOOKS.........

....16, 31, 48, 64, 96, 112, 128, 144, 160, 176
NOTES OF OPINIONS, Decisions and orders of the Supreme Court of the United

States..................................................1, 17, 33, 49, 63, 81, 97, 113
NUISANCE. Noise caused by ringing of church bells......

.............. 61
Nuisance defined. Noise." Marble work. Steam-whistle........ .............. 78
PARTNERSHIP. Dormant partner. Stockholder in unincorporated bank.............. 61
Incoming partner. Antecedent debts.......

......................... 61
Note given in firm name after dissolution..........................................109
Acceptance of note in firm name after dissolution...................................109
Where partner is member of two firms dealing with each other..

..............109
Profits where business is carried on after dissolution of firm. Rights of former partners. 110
PAYMENT. Presumption from lapse of time..............
PLEADING AND PRACTICE. Divorce. Averments of petition.
Mandamus. Answer to application ....

.......... 45

........183

....... 45

...........

110

.......................

139

28

131

140

Statute will not be declared invalid upon admissions of parties.....
Libel by insurer against carrier.........
Slander. Proof of general rumor.........
Opening to the jury...........
Review of discretionary rulings by appellate court....
In taking testimony of witness, de bene esse, under Revised Statutes...
Judgment of state court in federal courts......
The service of summons by party to action.............
Equity practice, where evidence has been closed..........
Contributory negligence. In action to recover for negligent killing of plaintiff's husband. 155
Equity pleading. Parties. Bill to compel account by trustee de son tort..............172
General denial. Specific performance....

...........175
PRACTICE. General and specific instructions.....

..........184
PRINCIPAL AND AGENT. Individual liability of agent of corporation.... ........... 62
PRIVILEGED COMMUNICATION. New York statute which prohibits physician from
disclosing information.....

......110
RAILROAD. Direction of trustee by court. Remedy of bond-holders, &c.

.... :
RATIFICATION. Principal and agent. Good faith of agent. Bank Loan............111
RECEIVER. Action against, in another court than that by which receiver has been ap-

pointed. Contempt. Practice............

Right to sue in jurisdiction of court other than that by which appointed......
RECOVERY OF TAXES. Municipal taxes, illegally assessed and collected.....

156
RELEASE. Where party is under influence of drugs....
Offer to pay back amount received not condition precedent to right to sue...

157
Release given to effectuate compromise........

157
REMOVAL OF CAUSES. Cause pending ready for re-trial..

Requisites of petition.
When removal may be made........
Defendant may raise by answer in state court..
Effect of act of 1875. Constitutionality of act of 1866...
Act of March 3, 1875. Territorial courts..
When application must be made..
When jurisdiction of state court deterrnines
Act of 1866......

.140
When motion should be made.........

..140
Act of March 3, 1875. Citizenship......

....140
Parties. How determined .......

...140
Power of state court in vacation............

...184
SLANDER. Words charging a clergyman with drunkenness ..........

In an action where punitive damages may be allowed, evidence........
STREET RAILWAY. Abutting owners. Injunction. Damages..................
TAXATION. Wharfage tax. When tonnage tax may be imposed by city.

Injunction to restrain tax to pay interest on void bonds.......
TENDER. “ Current silver money of the U. S.".....
TESTAMENTARY LAW. Capital and income distinguished
TRADE-MARK. Name of spring protected....

Form of package........
TRESPASS.' Nuisance and trespass distinguished.......
TRUST FUND. Trust fund may be followed into and out of deposit in bank.....
TRUSTS. Deposit in savings bank. Voluntary trust. How trust constituted, &c..

What may be made the subject of a trust.....
Commission merchant. Bill of lading. Draft, &c. ......
Active and executed trust. What disposition of estate will support trust. Trust

life and for coverture distinguished. Rule in Shelley's case, &c...
Power of distribution. Nature and extent of........

Fraud. Limitations, &c. .........
USURY. Sale of gold.....
VENDOR AND VENDEE. Sale by sample. Warranty. Custom of trade.....
Vendor's lien. Estoppel....

...158
VOLUNTARY PAYMENT. Coercion in fact and by law defined....

...184
WAGERING CONTRACT. Detined ....
WILL. Estimating value of bequest to unborn devisees.........

Power coupled with interest, &c......................
What constitutes a will............................................

....112
Undue influence. Fiduciary relation. Intemperance. Sensuality.

....112
Construction. Contingent remainder. Vendor and vendee. Marketable title....
Construction. Trust to preserve corpus for contingent remainder-man....

.173

46

141

... 63

141

.....

47

47

.....

...142