The Central Law Journal.

SAINT LOUIS, JUNE 28, 1878.

INDEX.

ABANDONMENT.

[See HOMESTEADS AND EXEMPTIONS.]
ABDUCTION.

Prisoner held rightfully convicted of taking female un-
der the age of fourteen out of the possession of her
father, a hough he believed, and her appearance justi
fied the belief, and she told him that she was over that
age, 99.

Statute against abduction "for the purpose of prostitu
tion" will not sustain conviction for abduction for the
purpose of sexual intercourse, 99.

Statute against abduction of females "of previous chaste
character," refers to actual personal virtue, as distin-
guished from good reputation, 99.

ACCOMPLICE.

[See CRIMINAL EVIDENCE.]

ACCOUNT STATED.

What is an, 16.

ACTION.

Where a statute authorizes a turnpike company to col-
lect its tolls by stopping persons from passing its gates
until they have paid the toll, company can not recover
such toll by suit, unless a special agreement is alleged
and proved, 77.

Against trustee in bankruptcy for maliciously prevent-
ing bankrupt's discharge, 261.

What redress has one who has been convicted and
served his sentence under a statute afterwards de-
clared unconstitutional? Query, 159. Answers, 159,
220, 259, 279.

ADMIRALTY AND MARITIME LAW.

A firm of material men can not maintain lien on vessel
in which a member of the firm owns an interest, 41.
Damage to pier by abandoned ship; liability of owner;
act of God, 235.

No lien upon a vessel for the premium for its insurance
by the owners for their own benefit, 261.
Construction of United States statutes as to agreements
of seamen, 292.

Ship described in charter party as being classed in a par-
ticular way, this is not a warranty that she will con-
tinue to be or was rightfully so classed, 374.
Undertaking whereby a propeller in consideration of its
freight for the carriage of goods, agrees to collect of the
consignee advances and charges thereon, and repay
them to the party from whom it receives the goods, is a
maritime contract, 381.

AGENCY.

Construction of letter from principal to agent in follow-
ing terms: "I shall feel under many obligations if you
will kindly make such sale and purchases of bonds as
your good sense dictates 59.

Directors of company not principals, but intervening
agents, and are not liable for fraud of those they em-
ploy, 114.

Agreement made by an agent beyond his authority and
through compulsion, does not bind principal, 288.
Authority by principal to agent to make conditional sub-
scriptions violated by departure from terms, 295.
When government bound by fraudulent acts of its
agents, 334.

Adoption by principal of acts of agents. 336.

Of the revocation of authority of an agent by the death
of his principal; article by H. H. Cartis, Esq., 383.
Ratification by principal of unauthorized acts of agent,

398.

APPEALS AND APPELLATE PROCEDURE.

[As to appeals in Admiralty, see ADMIRALTY AND MAR-
ATIME LAW; in Bankruptcy, see BANKRUPTCY; from
Justices of the Peace, see JUSTICE OF THE PEACE.]
Imperfect record; appellate court can not consider, 16.
Motion to vacate decree in patent case for collusion;
rights of third parties. Cochrane v. Deener, 26.
Affidavits attached to record and not made part of bill
of exceptions not considered on appeal, 38.

Appeal in criminal case must show indictment, arraign.
ment, trial and verdict below, 38.

Verdict amended by agreement of counsel, but not ap-
pearing in bill of exceptions, will be disregarded on ap-
peal, 38.

Supreme court in criminal cases will examine record
although there be no appearance for defendant, 57.
State not entitled to writ of error in criminal cases (Mo.)
57.

No appeal lies from the decision of the probate court
setting aside or refusing to confirm a sale made by the
assignee for the benefit of creditors, 58.

Findings of fact by the United States Courts belong as
fully to the record as the verdict of the jury; no bill of
exceptions necessary to bring them upon the record, 76.
A correct judgment will be affirmed though made to rest
on erroneous ground in court below. 77.

Appeal from decree granting injunction under Ohio
practice, 78.

Requisities of bill of exceptions fully stated, 79.
Re-opening case for newly discovered evidence, 79.
Appeal by party not injured by decree, 94.

In fixing amount of appeal bond, only costs incurred
up to that time included, 97.

Supreme court can not revise action of inferior court
in granting or refusing a new trial, 133.

Duty of clerk as to certifying to papers sent up on ap-
peal, 136.

When appeal will not lie to supreme court on ground of
validity of a statute, 196.

Duty of trial court in making up bill of exceptions;
agreement of counsel, 197.

In absence of notice of appeal, rulings of district judge
in criminal case can not be reviewed, (Kas.) 197.
Appeal from judgment of foreclosure does not bring up
order refusing to modify judgment by striking out
items of costs, 197.

Appeal by the state in criminal cases limited to ques-
tions of law (Ind.), 198.

Appeal from probate courts in Massachussetts, 198.
Strictures of the Chief Justice upon the records sent up
to the Supreme Court of the United States, 241.
Practice in "case made" under Kansas code, 254.
Time for filing and presenting bill of exceptions (Mass.),

255.

Security required upon writs of error and appeals to
United States Supreme Court can not be taken by
clerk, 292.

Appeal will not lie from judgment of circuit court sus-
taining motion to set aside judgment before rend-
ered, 294.

Objection on ground of variance between libel and in-
dictment can not be first made on appeal, 295.

Objection can not be made in upper court to the admit-
ting in evidence of depositions taken unless motion
was made in lower court to suppress them. 295.
Appellate court will not reverse action of trial court in
refusing to set aside judgment on default, 334.
Office of bill of exceptions and "case made" respec
tively, 358.

Motion for new trial no part of record and will not be
noticed in supreme court, 357.

In equitable action court will review evidence on ap-
peal, 359.

Dismissal of complaint on reversing judgment for plain-
tiff, 359.

Where interlinations have been made in instruction it
should be re-written in bill of exceptions, 396.
Appeal after term limited by statute, 441.

Decree in partition declaring rights of parties and or-
dering report, a final decree, 498.
ARBITRATION AND AWARD.
[See also PLEADING AND PRACTICE.]

Voluntary appearance of parties before person not duly
appointed referee does not give him such power, 18.

One may submit to a reference for another, and will be
answerable for the obedience of the other to the
award, 136.

A parent or guardian may submit to arbitration for an
infant, 136.

ARBITRATION AND AWARD-Continued.

Award prima facie binding and conclusive upon the par-
ties, and the burden is on the plaintiff if he seeks to
avoid it, 198.

It is the right and duty of the chairman to express his
opinion of the law, and it is exclusively within the dis-
cretion of each associate arbitrator to decide how far
he will rely upon that opinion. Ibid.

It is within the discretion of a majority of the arbitrat-
ors to determine how long they will continue the dis-
cussion of the case. Ibid.

The fact that two of the arbitrators became excited dur-
ing the discussion, furnishes no reason for setting
aside an award deliberately made by the majority.
Ibid.

Award will not be set aside for trival causes, 316.
ARREST.

Exemption from, of witnesses before legislative com.
mittee, 58.

ARSON.

Prisoner burning a hole in his cell in order to make his
escape not guilty of, 99.

ASSAULT.

Indictment for assault not bad because word "assault"
is not used, 38.

Rites of expulsion from a secret society held to amount
to an assault and battery, 99.

That alleged injuries were received in a prize fight no
answer to an indictment for assault and battery, 99.
Assault with intent to murder; criminal responsibility
of one who sets out spring guns, 275.

Disturbance of religious rites no defence to, 459.
ASSIGNMENT.

Who has priority-the assignee of a judgment or the
holder of a prior unrecorded deed? Query, 238. An-
swer, 279.

Wanted. A well considered case holding that the as-
signce of a chose in action can only recover what he
paid. Query, 278. Answers, 319, 388.

ASSIGNMENT FOR BENEFIT OF CREDITORS.
Providing for compounding the indebtedness of firm,
void, 418.

Effect of, on creditors included and not, 436.
ATTORNEY AND CLIENT.

Right of old solicitor, on retainer of new one, to keep
clients letters and copies of his letters to client, 114.
Court has no power to make a solicitor pay the costs of
an action rendered necessary by his mistake or care-
lessness, 114

Solicitors have no right to look for their costs to a fund
in court not belonging to their clients, 195.
Though attorney may retain out of client's money in his
hands his reasonable charges, he cannot exact a re-
ceipt in full as a condition of paying over, 197.
Communications between, in former action privileged,

275.

Champerty; contract to pay sum of money to attorney
out of proceeds of land recovered not champertous, 355.
Contract for specific sum for services; claim to chancel-
lor's allowance, 375.

Assignment of property of client in hands of third per-
son to attorney for services to be rendered valid
against attaching creditor, 374.

Meaning of "more than an ordinary fee," 416.

AUDITA QUERELA.

Proceedings in the nature of, 358.

AWARD.

[See ARBITRATION AND AWARD.]
BAILMENTS.

Bailor may maintain action against one who has received
property from bailee and tortiously injured it, 118.
An executor is to be charged for assets lost, as a gratu-
itous bailee, 195.

BANKRUPTCY.

Property in hands of assignee in bankruptcy liable to
taxation under state laws, 41.

• What is a fraudulent preference under Bankrupt Act,

94.

Meaning of the words "having a reasonable cause to be.
272lieve the party to be insolvent," in Bankrupt Act, 94.
Policy holders of a mutual life insurance company en-
titled to vote for trustees and share in profits are "cor-
porators" within § 5122, chap. 6, tile 61, U. S. Rev. Stat.,
and an adjudication in bankruptcy cannot be made
against the corporation without notice to them, 95.
Action on promissory notes; judgment preference, 116.

BANKRUPTCY-Continued.

A firm creditor, holding mortgage security upon the sep
arate estate of one of the partners, may prove his
whole debt against the joint estate without valuation
or surrender of his security, even though the individual
schedules of the partner whose separate estate is thus
mortgaged do not show that he owes individual debts.
Re Thomas &. Sivyer, 151.

Judgment creditors by filing bill within four months of
bankruptcy proceedings may obtain lien on lands as
against assignee, 156.

Promise relied on to remove bar of discharge in bank.
ruptcy need not be in writing, 177.

Jurisdiction of state courts over suits by assignees, 198.
The word "fraud" in sec. 33 of the Bankrupt Act means
actual and not constructive fraud, 235

Action against trustee in, for maliciously preventing
bankrupt's discharge, 261.
Construction of "tradesman" in Bankrupt Act. Re Stick-
ney, 265.

Where a firm which became bankrupt had been, as large
stockholders, connected with and were the principal
officers of a manufacturing corporation not in bank.
ruptcy: Held, that such connection did not of itself
constitute the bankrupts, merchants or tradesmen.
Ibid.

The Bankrupt Act-Its provisions and objects-Should
the law be repealed, Article by John F. Baker, Esq.,
273.

The effect of, upon pledges, 281.

Proceedings in bankruptcy do not ipso facto divest the
state court of its jurisdiction, 357.

Sureties on an appeal bond, given before bankruptcy
proceedings were begun, are not discharged by the
discharge of the principal debtor. Ibid.

Bill repealing the Bankrupt Act, 360.

Some comments on the proposed repeal of the act, 379,
400

On an appeal by a creditor to the circuit court, under
section 4984, of the Revised Statutes, the case is to be
reconstructed and issues made up, and the case tried
in the same way as a case at law originally brought in
the circuit court. Stillwell v. Walker, 406.

Where the the claim is based on a judgment of a state
court, obtained against the bankrupt before bank.
ruptcy, an answer which sets up only matters that
would have constituted a defense to the original suit,
but does not aver any fraud or collusion in the obtain
ing of the judgment, or any accident or mistake, is not
good. Ibid.

It seems that any claim of fraud or collusion in the ob
taining of the judgment cannot be set up by answer
under section 4984, but must be asserted by bill in an
independent suit. Ibid.

What is knowledge of insolvency under bankrupt law,
414.

Effect of discharge on action for false representations,
478.

BANKS AND BANKING.

Answering questions as to the solvency of a person by a
cashier not within the scope of his employment, 75.
Note payable to "McMann, cashier," is a note payable to
the bank, 95.

Power and authority of bank cashiers; when bank bound
by indorsement of, 95.

President, cashier or director of national bank may bor-
row money of bank, 95.

Purchase by national bank of promissory note, for pur-
pose of speculation, ultra vires, 56.

Effect of usury under the National Banking Act. Na-
tional Bank of Madison v. Davis, 106.

Right of revenue officers to enter bank for the purpose
of examining its cheeks, 113.

Relations between and liabilities of bank and current
depositor, 237.

Under the national banking act, a shareholder has the
right to make an actual and bona fide sale and transfer
of his shares to any person capable in law of taking
and holding the same, and of assuming the transfer-
rer's habilities in respect thereto; and, in the absence
of fraud, this right is not subject to a veto by the direct
ors or the other shareholders. Johnson, receiver v.
Laflin, 124.

Where such a sale of shares is made, and the transfer
entered on the books of the bank, the transferrer ceases
to be a shareholder, and is freed from liability in re-
spect of such shares. Ibid.

The provision of the national banking act, (Rev. Stat.,
see. 5139), that shares shall be "transferrable on the
books of the association," construed; and held not to
give the directors the power to refuse to register a
bona fide transfer of stock without some valid and suf
ficient reason for such refusal. Ibid.

[See NEGOTIABLE AND ASSIGNABLE PAPER.]
BONDS.

[See OFFICIAL BONDS; MUNICIPAL BONDS.]
BOOK NOTICES.

American Decisions, Vol. 1, Proffatt, 159, Vol. 2, 303.
64 Form Book, Sayler, 218.

Law, Analysis of, Powell, 178.

Analysis of American Law, Powell, 178.

Bankruptcy, Law and Practice in, Blumenstiel, 80.
Bates' Delaware Chancery Reports, Vol. 2, 179.
Baxter's Tennessee Reports, Vol. 1, 139.
Berry's Missouri Appeal Reports, Vol. 2, 419.
Bishop's Law of Contracts, 239.

Blumenstiel on Bankruptcy, 80.
Bump's Constitutional Decisions, 339.

Citations, Federal, Desty, 399.

Coddington's Digest of the Law of Trade Marks, 56.
Coleman's Fearne on Contingent Remanders, 459.
Connecticut Overruled Cases, Sharswood, 257.

Constitutional Decisions, Bump, 339.

Contracts, Law of, Bishop, 239.

Copyright, Law of, Spalding, 257.

Criminal Code of Ohio, Wilson, 218.

Law, Manual of, Washburn, 359.
Reports, Hawley, Vol. 1, 98.

Delaware Chancery Reports, Vol. 2, Bates, 179.
Desty's Federal Citations, 399.

Digest English Reports, Moak, 279.

Evidence, Stephen, May, 15.

Illinois, Hill, 218.

Kentucky Reports, Stanton, 15.

"6 New Jersey Reports, Stewart, 299.
"Ohio, Supplement, Bates, 257.

Trade Marks, Coddington, 56.

Directory, Legal, Hubbell, 36.

English Reports, Digest, Moak, 279.
Evidence, Stephen on, May, 15.

Federal Citations, Desty, 399.

Fearne on Contingent Remainders, Coleman, 459.
Form Book, The American, Sayler, 218.
Freeman's Illinois Reports, Vol. 82, 439.

Hawley's Criminal Reports, Vol. 1, 98.
Hill's Illinois Digest, 218.
Hubbell's Legal Directory, 36.
Illinois Digest, Hill, 218.

44 Reports, Freeman, Vol. 82, 439.
International Review, The, 239, 379.
Jones' Law of Mortgages, 299.

Judicial Sales, Rorer, 500.

Kentucky Digest, Stanton, 15.

Landlord and Tenant, Sloane, 459.

Legal Directory, Hubbell, 36.

46 Maxims, Wharton, 257.

Marriage, Studies in Primitive, McLennan, 179.

CARRIERS.

[See, also, NEGLIGENCE; RAILROADS.]

Delivery to connecting carrier; delivery complete when
goods are deposited within control of carrier, 55.
Contract releasing carrier from claims for damage to
stock "from whatever cause arising," does not release
it from liability for loss resulting from negligence of its
servants, 56.

Carrier of animals is excused from liability for such loss
only as is caused by the inherent tendencies or quali-
ties of the animals, 56.

Lien for freight lost after delivery of goods to consignee,
and carrier can not maintain replevin for goods, al-
though conditions precedent to delivery had not been
complied with, 113.

Conditions in receipt limiting liability, 175.

Liability of, for valuables carried by passengers, 201.
Connecting lines; implied obligations, 216.

When consignor may maintain suit against, 295.

Liability of express company for loss on connecting
line, 394.

CHANCERY PRACTICE.

[See PLEADING AND PRACTICE.]

CHARITABLE BEQUESTS.

[See WILLS.]

CHARTER PARTY.

[See ADMIRALTY AND MARITIME LAW.]

CHECK.

[See NEGOTIABLE AND ASSIGNABLE PAPER.]
CHATTEL MORTGAGE.

[See MORTGAGE.|

CHURCH CORPORATIONS.

[See CORPORATIONS.]

CIVIL DAMAGE" LAWS.

Joint liability of seller of liquor and owner of property
in which sale is made, 35.

Intoxicated person killed by locomotive; liability of
seller of liquor, 35.

Seller of liquor liable for damages caused by discharge
of pistol in hands of intoxicated person, 101.
Judge Davis on the, 180.

Threats and vulgarity directed by the husband to the
wife, unaccompanied by physical injury, will not enti-
tle her to recover damages under Iowa statute for in-
jury to her person. Calloway v, Layton, 246.

The words "in person," as used in that statute, mean
in body. Ibid.

There can be no exemplary damages without actual
damage. Ibid.

Where intoxications were separate and distinct, tha sat-
isfaction had been made by one seller does not bar ac-
tion against the other, 255.

Legislature may, on the application of a person stand-
ing in the position of a trustee, and for a purpose
apparently for the interest of the cestui que trust,
authorize a ale of property of the latter. 10.
Constitutionality of statute prescribing mode of service
of process upon corporations, 54.

Kansas statute "to regulate taxation on the change of
boundary lines" constitutional, 59.

Sec. 1, art. 11 of the Kansas constitution which provides
that "the legislature shall provide for a uniform and
equal rate of assessment and taxation" construed, 59.
Validity of state legislation affecting corporate charters,

173.

Construction of the term "due process of law" in U. S.
constitution, 252.

Missouri statute prohibiting the bringing into the state
of Texas and Mexican cattle between the first days of
March and November in each year unconstitutional.
Hannibal & St. Joe R. R. v. Husen, 121, 170, with note
by G. G. Vest, Esq., 170.

Letter from M. A. Low, Esq., as to this case, 217.
Reply of G. G. Vest, Esq., 238.

Power of a state to enact sanitary laws and enforce police
measures, 170.

Under constitution of 1848 legislature cannot exempt
from taxation property owned by charitable or relig.
ious corporations not directly used in aid of the objects
of the corporations (Ill.), 196.

Pennsylvania statute requiring notes given for patent
rights to show on their face that they were so given,
constitutional, 241.

Certificates of indebtedness issued by the city of Chicago
held to be "debts" within the Illinois constitution,
and being beyond the legal limit, void. Law v. People,

248.

CONSTITUTIONAL LAW-Continued.

Missouri act prohibiting the conveying of fire-arms into
churches and courts, constitutional, 16.
Constitutionality of state legislation affecting statutes of
limitation, 21.

Unconstitutionality of laws imposing extra-judicial
duties upon the judiciary, 62.

Missouri act authorising the members of the bar present
at the time of an application for change of venue in a
criminal case to elect a "special judge," constitutional,

96.

Louisiana statute requiring carriers to transport colored
persons in the same cars, cabins, etc., as whites, un-
constitutional, 102.

The authority conferred on the Senate to try contested
elections is not "judicial power" within sec. 1, art. 4
of the Ohio constitution, which requires the judicial
power of the state to be vested in the courts, 118.
Law requiring municipal corporations to pay past claims
not enforcible on account of irregularities, not retro-
active, 133.

Substitution of one remedy for another not unconstitu-
tional. State ex rel. Bloomstein v. Sneed, 144.

In modes of proceeding and forms to enforce a contract
a state legislature has the control, and may enlarge,
limit or alter them, provided that it does not deny a
remedy, or so embarrass it with conditions and restric-
tions as seriously to impair the value of the right.
Ibid.
Nebraska statute giving to the owner of live stock
"double the value of his property injured, killed or
destroyed" on a railroad track, in case the same is not
paid within thirty days after demand therefor is made
upon the company, unconstitutional. A. & N. R. R. v.
Baty, 148.
Constitutional provision requiring corporations other
than municipal to be incorporated under general law,
not by special act, not violated by an act providing for
the incorporation of "slack water navigation com-
panies for the improvement of rivers" in certain desig-
nated counties, 155.

Statute allowing set off, passed after judgment obtained,
constitutional, 173.

Defendant convicted of assault and battery on his wife,
and sentenced to five years' imprisonment and bond
for $500 for five years more; sentence held "cruel and
excessive," and therefore unconstitutional, 177.

Tax on corporate franchises constitutional, 217.
Pennsylvania affidavit of defense law constitutional, 281.
Missouri act of March 21, 1868, as to municipal bonds,
constitutional, 294.

Party to suit has no vested right in the rules of practice
in force at time suit was brought, 295.

Under power given to Congress to regulate commerce
between the states, control may be exercised over
telegraphs, and state laws in conflict with laws of Con.
gress on the subject are invalid, 301.

Iowa statute making railroad companies absolutely
liable for fires caused by locomotives, constitutional,
and not void for want of constitutional enactment by
the General Assembly, under art. 3, p. 2 §1 of the state
constitution. Small v. C. R. I. & Pac. R. R., 310.

A statute (e. g., the act defining the jurisdiction of the
superior court of Grand Rapids, Mich., Sess. St., 1875,
p. 44, §13) which seeks to give a municipal court juris-
diction, where original process is served within the
city, though neither party is a resident, as where ser-
vice is had anywhere in the county, if plaintiff resides
in the city, is unconstitutional and void. Grand Rapids
R. R. v. Gray, 347.

Missouri act of March 9, 1872, abolishing offices of cir-
cuit and county attorneys, constitutional, 357.
Rebellion; hostile legislation; seizure of property of
loyal citizens; government de facto, 355.

Taxation by municipality of its own bonds unconstitu
tional, 373.

The North Carolina statute of August 22, 1868, exempting
personal property and the homestead of a debtor from
sale under execution, is unconstitutional and void as
to debts contracted before its passage. Edwards v.
Kearzy, 391.

State may impose special assessments on districts for
levee purposes, etc. Boro v. Phillips Co., 409.
CONTEMPT.

Physician refusing to testify as an expert, unless paid for
his professional opinion, guilty of, 11; contra, 231.
Fraudulent conveyance of husband in anticipation of
decree of court for alimony, not a, 498.
CONTINUANCE.

[See PLEADING AND PRACTICE.]
CONTRACTS.

Contracts for the disposition of money or property by
chance or by game of hazard, illegal, 18.

CONTRACTS-Continued.

Sale of interest in lottery ticket, after it has drawn a
prize, not illegal, 18.

A subscription to a church not a contract, when made at
meeting not legally called, 19.

Dependant contracts; when enforced and when not en-
forcable. Burton v. Shotwell, 31.

Recovery of money paid on incomplete illegal contract,
when allowed, 75.

Illegal increase of stock by corporation; stockholder may
recover money paid on the first call, having failed to
pay the subsequent calls, 75.

Agreement to dismiss an indictment, though private in
its nature, as indictment for nuisance, illegal, 177.
Altering terms of written contract without authority;
express stipulations and implied promises, 214.
To prevent competition in the carrying trade are against
public policy, and void, 215.

A provision in a contract between common carriers that,
if improvements are made, or new facilities for trans-
portation brought into play, the shipper shall be denied
the advantage, void as in restraint of trade, 215.
Construction of a contract between a railroad and ferry
company, 215.

Contracts for the future delivery of cotton not necessa-
rily wagering. Kingsbury v. Kirwan, with note by
Silas B. Jones, Esq., 228.

Closing out contract for failure to keep margins good,
Ibid.

Effect of illness caused by imprudence as an excuse for
the non-fulfillment of contract for personal service,
262.

Several contracts; breach, 298.

A agreed with B to nurse him and his family through an
attack of disease then prevailing in B's family. Held,
the contract meant that A should perform the services
till the family should be well, though B or any other
member might die in the meantime, 318.

Prevention of completion of contract by failure of party
to pay installment, 322.

Defendant, in consideration of $250, acknowledged to have
been paid by one B, agreed to receive from B, at any
time within six months from the date of the contract,
$2,500 in gold coin, and to pay him therefor in current
funds, at the rate of $195 in currency for every $100 in
coin. The contract declared that B did not contract to
deliver in coin, but paid the $250 for the privilege of de-
livering it or not, at his option. Held, that the contract
was not void on the ground of being a wagering con-
tract. Bigelow v. Benedict, 324.

Forbearance good consideration for promise to pay debt
of another, 338.

Paving contractoo on obtaining the name of lot owner to
secure him the contract with the city, agreeing to the
price for which he would do the work, can not re-
cover a higher price, 354.

The law of contracts as to dependent and independent
agreements examined, and the older cases criticised.
King Philip Mills v. Slater, 359.

In contracts for successive deliveries, the vendor can
not fail in the earlier deliveries, and still hold the pur-
chaser for the later ones, Ibid.

Contract by school trustee to have lightning-rods placed
on a school-house, so as to have them on his own house
free, void as against public policy, 378.
Construction of contract to pay a sum of money "when
the house is finished," 459.

CONVERSION.

If inn-keeper sells goods upon which he has a lien, the
lien is broken, and he is guilty of a conversion, for
which the owner of the goods may recover the whole of
the proceeds of the sale as damages. Mulliner V.
Florence, 308.

CORPORATIONS.

[See, also, ULTRA VIRES.]

Authority of trustees of church corporations, 19.
Where the name of an individual appears on the stock
books of a corporation as a stockholder, the presump-
61, of tion is that he is the owner of the stock, 54.
Receipts of dividends conclusive evidence of ownership

54.

When policy holders of mutual life insurance company
"corporators," within the meaning of § 5122. ch. 6 title
the United States Revised Statutes, 95.

Unless prohibited by statute, an agreement between the
incorporators of a company and the directors, by
which the former convey to the company property
needed for the purpose of its operations, and receive
payment therefor in full paid shares of the company,
is, in the absence of fraud, binding upon the parties,
and such stock is full paid stock. Phelan, Ass. v. Haz-
ard, 109.

CORPORATIONS-Continued.

Whether subsequent creditors of the company can im-
peach such transaction as respects shares of stock
which purport to be full paid shares, when they are in
the hands of a subsequent registered transferee for
value, and who purchased the same as full paid shares,
relying upon the certificates and the records of the
corporation that full payment therefor had been re-
ceived by the company, quere. Ibid.

The petition of a creditor of a company which had be-
come insolvent and dissolved was held not sufficient to
open an inquiry into the transaction between the cor-
porators and the company as to the value of the prop-
erty conveyed to the company in payment of shares,
with a view to hold a shareowner for the difference be-
tween the agreed value and the actual value of the
property conveyed, Ibid.

Loan and building associations subject to laws of state
regulating interest on money, 119.

Oregon statute providing that if any corporation shall
for six months neglect to carry on its business "its
corporate power shall cease;" statute not self-execu-
ting, and can not be taken advantage of by a private
person, 161.

The words "laborers and servants" in statute making
stockholders personally liable for their services, held
to include a reporter and city editor of a newspaper,
182.

A statute of Colorado provided that foreign corporations
should file a copy of the charter, or other evidence of
their incorporation, within thirty days after commenc-
ing business in the ter. itory, but contained nothing to
indicate that this was a condition on which they might
continue in business. But it did provide a penalty
against the officers for a failure to flle such evidence:
Held, that though the complainant had failed to comply
with the statute as to such filing, it was yet capable
of taking a mortgage on real estate in the territory, and
that no prohibition to continue in business could be
implied from these enactments. Northwestern Mut.
Life Ins. Co. v. Overholt, 188.

Missouri corporation law; construction of words "shall
have perpetual successión," in charter, 215.
Individual liability of officers of corporation for divert-
ing flow of water, 217.

Construction of Ohio statute regulating foreign life in-
surance companies, 255.

An assignee of corporate stock, who has caused it to be
transferred to himself on the books of the company,
and holds it as collateral security for a debt due from
his assignor, is liable for unpaid balances thereon to
the company, 361.

Illegal corporation; winding-up order; liability of past
member to contribute, 375.

Forfeiture of franchise of, by failure to fulfill design of
its creation, 376.

Corporation created to receive deposits for benefit of de-
positors to be invested and income divided among
them has no shareholders, and profits must be paid to
depositors, 476.

Contracts to subscribe to stock subject to the rules as to
fraud, 476.

COSTS.

[See PLEADING AND PRACTICE.]
COUPONS.

[See MUNICIPAL BONDS.]
COVENANTS.

[See DEEDS; LANDLORD AND TENANT; VENDOR AND
PURCHASER.]

CRIMES.

[See the various special titles.]

CRIMINAL EVIDENCE.

Proof of dying declarations must be confined to the fact
of killing, 16.

The examination of accused persons, 22.
Flight as evidence of guilt, 59.

Failure of prisoner while in custody to deny statements
made in his presence by a co-defendant, does not cre-
ate any inference of guilt, 58.

Objections to the examination of accused persons, 81, 338.
Proof on subsequent trial of evidence of deceased wit-
ness given on former trial, 97.

What is a dangerous weapon, a question of fact and not
of law, 99.

What evidence must consist of in order to exclude
reasonable doubt, 136.

Convict not a competent witness in a criminal case, 157.
Error for state to examine witness, and afterwards read
in evidence his deposition taken at a preliminary ex-
amination, 174.