HUSBAND AND WIFE-Continued.

Requisites of complaint to enforce lien on separate prop-
erty of married woman, 237.

The different classes of contracts of married women
possessing separate property and their distinction, 237.
Liabilility of husband for goods bought by wife, 236.
Requisites of certificate of acknowledgment of married
woman's deed (Mo.), 256.

Under the laws of Colorado, the wife is as capable of the
independent acquisition, enjoyment and disposal of
property, real and personal, as if the coverture did not
exist. Wells v. Caywood, 268.

The laws affecting this being in the nature of enabling
statutes, must be liberally construed. Ibid.
Where a deed of trust is executed to secure a note given
to the wife, and the husband is made the trustee in the
deed, he can, at a sale under such deed of trust, con-
vey to the wife as fully as to any other person. Ibid.
Charge against separate property of married woman; in-
tention; subscription to stock by her; liability, 277.
Estoppel in pais by married woman, 278.

Contracts of married woman at law and in equity, 415.
Wife takes title to real estate subject to infirmities of
title, 435.

Husband liable for wife's ante-nuptial debts, (Ohio) 436.
Products of land owned by married woman her separate
property, even though husband act as her agent in its
management, 439.

Certificate of commissioner to married woman's deed,
which omits the words" and having been examined,"
defective, 478.

Personal property of the wife, in possession of herself
and her husband, such as household furniture, becomes
in law the property of the husband and subject to
his debts, nothing else appearing to show a separate
property in the wife, 478,

If a chose in action be the separate property of the wife,
and she take and retain possession of it or its proceeds,
with her husband's assent, her equity in it is same as
if the husband had held it under a parol agreement
to keep and invest it solely for her. Ibid.
ILLEGAL CONTRACTS.

[See CONTRACTS.]

IMPROVEMENTS.

When compensation should not be allowed for improve-
ments made by a party in possession, 98.

INCEST.

Attempt to commit, not indictable, 439.

INDIANS.

[See HIGHWAYS.]

INDICTMENTS.

[See CRIMINAL LAW AND Procedure, and the various
special titles.]

INFANCY.

Parent not liable for necessaries furnished by brother to
sister, who had abandoned his house without his fault,
81.

Liability of infants for torts, 254.

Injury to infant by bite of dog; due care required of in-
fants, 298.

Right of grandfather to custody of infant under agree-
ment, 297.

Action for services by infant; rule of evidence in such
case, 297.

Parent making contract with third person, whereby child
is to serve him and receive the pay therefor, is preclu-
ded from recovery for services of child, 358.
Guardian of infant plaintiff liable for costs of suit, 415.
Erection of house on minor's land not a necessary, 477-
INJUNCTION.

To restrain issue of tax deed, lot having been sold for
non-payment of illegal tax, 18.

Jurisdiction of equity to issue injunction in aid of action
of trespass, 23.

To restrain assessment of tax certificates on ground of
irregularities in assessment and levy will be issued,
when, 138.

When courts will inquire into party's motive in making
purchase. Edwards v. Allonez Mining Co., 188.
Where a party bought lands on the banks of a stream,
with the sole purpose of forcing their re-purchase at a
great advance by the proprietor of a costly quartz mill
above, in necessary consequence of the operations of
which mill large quantities of sand were continually
deposited by the stream on the lands below: Held, that
complainant's motive in purchasing might be inquired
into, and that instead of granting an injunction which
would sacrifice valuable property, the court would
leave complainant to his remedy in damages, Ibid.

INJUNCTION-Continued.

Will lie to prevent trespass by officer, 358.

Will lie to enjoin party from erecting fence in common
lane, 375.

Will not lie to restrain sale under trust deed, because
holder of note secured owes maker more than amount
of note, 433.

INNKEEPER.
[See LIEN.]

INSANITY.

Instruction as to the degree of insanity which will ex-
cuse a suicide, and render a company which has in-
sured his life liable, 55.

Insane person can not have question of his insanity in.
quired into on his own application, 198.
INSOLVENCY.

[See BANKRUPTCY.]

INSURANCE.

[See FIRE INSURANCE; LIFE INSURANCE; MARINE IN-
SURANCE.]

INTEREST.

When compound interest will and will not be allowed,
139.

A note payable at a future day with interest greater or
less than six per cent., in which nothing is said about
the rate of interest after maturity, will draw six per
cent. after that time, 181.

When the rate of interest at the place of contract differs
from the rate at the place of payment, the parties may
contract for either rate, and the contract will govern.
Cromwell v. County of Sac, 209.

Municipal bonds, in Iowa, drawing ten per cent. interest
before maturity, draw the same interest, under the law of
the state, after maturity, and coupons attached to such
bonds draw six per cent. after maturity. Judgments in
that state entered upon such bonds and coupons draw
interest for the amount due on the bonds at the rate of
ten per cent. a year, and upon the amount due upon
the coupons at the rate of six per cent. a year. Ibid.
Note for certain sum "with interest at ten per cent."
bears interest from date, 434.

On past due principal of written contract allowed at rate
contract bore, 477.

INTERPRETATION.

"Ads." on back of affidavit, 196.

"As and for a private residence only and not for any
purpose of trade," in covenant in deed, 62.

"Chattel mortgages," in New Jersey statute as to, 381.
"Compound offenses," in Iowa Crim. Code, 415.

"Contract for the payment of money only," in Kansas
Code, 138.

"Convicted felon," in libel, 181.

"Corporators," in U. S, Stats (Rev. Stats., ch. 6, title 61
§ 5122). 95.

"Covenants," in agreement for sale, 292.

"Crime of drunkenness," in Massachusetts statute, 137
"Cruel and excessive," 177.

"Debt or damages demanded," in Mass. statute, 39.
"Debts," in Illinois constitution, 248.

"Die by suicide," in life policy, 457.

"Due process of law," in U. S. Constitution, 252.

"Entire unconditional and sole ownership," in insur-
ance policy, 194.

"Estate or interest in land," in Minnesota statute, 414.
"Existence and location," 19.

"Felon editor," in libel, 181.

"Filed," in Minnesota statute, 475.

"For a less sum than one dollar," in U. S. Statute, 462.

"For the purpose of prostitution," in Indiana statute
concerning abduction. 99.

"For the time being," in Ohio statute, 78.

"Found," in U. §. Judiciary Act, 305.

'Fraud," in Bankrupt Act, 235.

"Head of a family," in Mo. execution act, 357.

"In person," in Iowa civil damage law, 247.
"Instrument for the payment of money only," 476.
"In the last sickness," in Illinois wills act, 421.

66 Invasion, insurrection riot, etc.," in fire policy, 76.
"Just claim," in life insurance policy, 55.
"Laborers and servants," 182.

"Lands and tenements of the debtor," in Ohio code, 58
"Loss arising from petroleum," in insurance policy, 54.
"Mailed," in notary's, certificate, 285.

"Material matter," in Mo. act as to perjury, 16.
"Mutuality," in Mo. statute as to set-off, 293.

INTERPRETATION-Continued.

"Other insurance," in policy, 499.
"Practice, pleadings and forms and modes of proceed-
ing," in act of Congress as to federal practice, 7.
"Previous chaste character," in Indiana statute as to ab-
duction, 99.

"Printer," 142.

"Shall cease," in Oregon corporation act, 161.

"Shall have perpetual succession," in corporation
charter, 215.

"Similar remedies," in U. S. statute, 261.

"Stock-in-trade," in Kansas exemption law, 119.
"Subservient for burial purposes," 158.

"Things in action," in Wisconsin statute, 18.
"To and from," 215.

"Tools," in fire insurance policy, 493.

66

66

66 and implements," in Kansas exemption law, 119.
of a mechanic," in Iowa exemption law, 415.

"Tradesman," in bankrupt act, 268.

"Unoccupied," in policy of fire insurance," 447.
"White person," in U. S. naturalization laws, 387.

"Written consent," in Wisconsin statute as to refer-
ences, 18.

INTER-STATE COMMERCE.

[See CONSTITUTIONAL LAW.]

INTOXICATING LIQUORS.

[See "CIVIL DAMAGE" LAWS; LIQUOR LAWS.]
INTOXICATION.

[See also DRUNKENNESS].

Slight intoxication not sufficient ground for refusing a
person passage in a public car., 38.

JUDGES AND LAWYERS.

[See LAW AND LAWYERS; PROFESSIONAL ETHICS.]
JUDGMENTS AND DECREES.

[See also EVIDENCE].

Void judgment may be vacated at any time on motion of
defendant without his showing a valid defense, 40.
A judgment rendered in the U. S. Circuit Court has the
same lien on the lands of the debtor within the district
that is given to the judgment of the state court within
the limits of its territorial jurisdiction, 58.
Judgment by confession, entered without knowledge or
consent of creditor, voil for all purposes, unless rat-
ifled by him, 57.

Court has power in absence of statutory enactment
to supply records destroyed by fire or other causalty,

101.

Enforcement of judgment after writ of error sued out;
construction of Kansas statute, 138.
Acceptance of promissory note satisfaction of judg-
ment though for a less amount than the judgment, 177.
Loaning of money to judgment debtor to be applied to
satisfy judgment which is a lien on his land does not
transfer lien although so agreed, 216.

Extent of judgments in the United States Courts, 261.
Domestic judgments; impeachment of service of sum-
mons and officer's return, Mastin v, Duncan, 328.
Certification of foreign judgments, 358.

Judgment is valid until reversed, and the regularity of
its proceedings cannot be inquired into collaterally. Re
Gorman, 365.

Rule that judgment void as to one is void as to all ap-
plies only to judgments at law, 396.

The lien of judgments of federal courts, 401.
Vacating judgments for non-service, 481.

JUDICIAL NOTICE.

[See EVIDENCE].

JUDICIAL SALES.

School fund mortgage sale in Indiana; record necessary
to validity, 216.

Action will lie to recover purchase money paid for real
estate at sheriff's sale which is set aside for irregulari-
ties, 278.

But not for value of improvements. Ibid.
When equity will set aside, 441.

JURISDICTION.

[See also DIVORCE.]

A court of chancery has no power to interfere with the
rights of parties in invitum by an order directing the
consolidation of independent suits. Knight Bros. v.
Ogden Bros., 27.

Of police courts in Ohio, 39.

Of equity to interfere on the ground of fraud and equit-
able estoppel to prevent parties, by the assertion of a
legal right, from interfering with the enjoyment of a

JURISDICTION-Continued.

right of way granted by parol. Bloomstein v. Cless
Bros., 50.

Of police courts (Mass.) 59.

Of equity to order sale of chattels owned in common, 98.
Courts have jurisdiction, in absence of statute, to supply
records destroyed by fire or other casualty, 101.

Of probate courts of Missouri to issue writs of habeas
corpus, 101.

May be acquired over party by his appearance though
service defective, 135.

Can not be had without personal service or appear-
ance after publication notice, 252.

Of the United States Courts when the government inter-
venes, to look into the grounds on which it intervenes,
and the strength of its title; the Arlington estate case,

260.

Of municipal courts in Michigan. Grand Rapids R. R. v.
Gray, 347.
That crime is charged in information of which justice
has no jurisdiction will not affect crime of which he
has jurisdiction, 434.

Of equity to enjoin vexations actions, 481.
JURY.

[See PLEADING AND PRACTICE.]

JUSTICE OF THE PEACE.

Jurisdiction of, in action for breach of personal contract
(Kas.), 40.

In justice court verdict should be in writing and signed
by foreman; not necessary that all the jurors should
sign, 40.

In cases tried without jury, justice may withhold judg-
ment until fourth day after close of trial (Kas), 40.
Power of magistrates in Kansas to require bond to keep
the peace without written complaint, 157.

Complaint before, in action or forcible entry and de-
tainer must be verified, 357.

Power of justice to allow amendment (Kas.), 437.
LAND LAW.

Pre-emption of land claimed under Mexican titles, 94.
Construction of Missouri statutes as to swamp lands, 295.
Action for failure of swamp land titles, 338.

Entry on land; when is patent said to be issued? Query,
238. Answers, 279, 299, 338.

Patent for land issued after death of party to heir; what
sort of a title has a purchaser at an administrator's
sale? Query, 298. Answers, 339, 399.

LANDLORD AND TENANT.

[See, also, NUISANCE.]

Covenant for renewal; effect of continuing in posses s-
ion after expiration of term, 175.

Tenant holding over; liability for double rent, 197.
Assignment by one of two co-lessors; privity, 215.
The question in an attachment for rent is, not whether
the tenant is moving his property, but whether he is
moving it so as not to leave enough to secure the land-
lord; tenant not liable in attachment simply because
he is selling part of his crop 237.

Tenant paying rent in advance in improvements has no
lien on premises, 254.

Covenant by lessor to repair waste, 292.

To maintain assumpsit for use and occupation, relation
of must be shown, 417.

LARCENY.

On indictment under sec. 25, 1 W. S. 450, conviction can
not be had under sec. 45 (Mo.), 16.
Possession of recently stolen goods, 38.

If party is authorized to sell property, his subsequent
flight and wrongful appropriation of the proceeds will
not justify a conviction for, 59.

Wrongful taking of property with intent to conceal it
until reward is offered will constitute, 78.
Possession of stolen property as evidence of, 155.
Coffin may after burial, be the subject of, 276.
An attempt to commit, is indictable, 478.

LAW AND FACT.

[See EVIDENCE.]

LAW AND LAWYERS.

[See, also, PROFESSIONAL ETHICS.]

The Chicago Bar Association dinner; Judge Dillon on
the Federal Judicial system, 34.
Sketch of the Bar of the United States Supreme Court,
80.

Reminiscences of the Illinois Bar, 140.

Death of Hon. A. S. Johnson, U. S. Circuit Judge, 140.
The value of legal services, 160.

Death of Hon. G. W. Paschall, 180.

LAW AND LAWYERS-Continued.

Attempted assassination of the English Master of the
Rolls, 220.

Death of Mr. Thomas Chitty, 220.

Some comments on the jury system, 240, 259.

Two letters of Chancellor Kent, 300.

Sketch of Mr. Justice Hannen, of the English Divorce
Court, 320.

An ancient tribunal, 360.

Committal of barrister for contempt of court in New
Zealand, 379.

A novel mode of electing judges, 379.

Death of Judge Hoffman, 420.

The "Postman" and "Tubman" of the English Court of
Exchequer, 420.

Judge Dillon on "Westminster Hall and the Inns of
Court," 500.

LAW BOOKS AND REPORTS.

The reporting of dissenting opinions, 140.

The St. Louis Law Library; a complaint, 177

A Washington Police Court judge's opinion of law
journals, 180.

Retirement of Seymour D. Thompson from editorial
management of CENTRAL LAW JOURNAL, 181.
"Anonymous" reporting, 200.

Mr. Justice Christian and the Irish Law Reporting So-
ciety, 240.

[See also LANDLORD AND TENANT.]

In Kentucky a lease for years is personalty, 98.
Leases for Years Renewable Forever. Article by G. H.
Wald, Esq., 203.

Lessor may maintain action for rent against lessee, on
express covenant to pay rent during the term con-
tained in lease for nine years renewable forever,
though rent accrued after lessee had assigned all his
interest and after lessor had accepted rent from the as-
signee of the term, 356.

Privilege of Renewing Leases. Article by O. F. Bump,
Esq,, 423.

LEGAL EDUCATION.

The report of the Dean of Harvard Law School, 41.
The examination of students on legal subjects, 41.
The Chicago bar association and written examinations
of students, 320.

LEX LOCI.

[See PRIVATE INTERNATIONAL LAW.]

LIBEL.

[See SLANDER AND LIBEL.

LICENSE.

By writing obligatory giving an interest in the property
to which it refers is an incorporeal hereditament, and
irrevocable except for breach of covenant, 316.

LIENS.

[See, also, ADMIRALTY AND MARITIME LAW; JUDG-
MENTS AND DECREES; MECHANIC'S LIEN; MORT-
GAGE; VENDOR'S LIEN.]

Inn-keeper has a lien upon his guest's horses and carri-
age, as well as upon his guest's personal luggage, for
the whole of his bill for the guest's entertainment, and
not merely for the keep and care of the horses and
carriage. Mulliner v. Florence, 306.

LIFE INSURANCE.

Meaning of "just claim" in policy, 55.
Instruction as to the degree of insanity which will ex-
cuse a suicide so as to make the company liable, 55.
When policy holders of mutual life insurance company
"corporators" within the meaning of § 5122, ch. 6,
title 61, of the U. S. Revised Statutes, 95.
Effect of war on life insurance contracts, 113.

LIFE INSURANCE-Continued.

Effect of representations made on application in a par-
ticular case, 113.

Forfeiture of policy; assured misled by circulars of
company and statements of local agent; waiver of pay-
ment of premium. 119.

No action lies by a life insurance company against a per-
son who had willfully caused the death of one whose
life it had insured, 122.

Valid payment of premium a lien on policy, 133.
Set-off of premium note against loss, 137.
Condition in policy that no action should be maintained
unless instituted within twelve months of loss, valid,
174.

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

Conditions in policy; representations made by agent be-
fore policy issued; estoppel, 334.

Agent employed to procure insurance has no power af-
ter policy delivered to consent to its cancellation, 357.
Construction of "die by suicide" in policy, 457.
What constitutes a life insurance contract in Missouri;
Co-operative companies held insurance companies
State ex rel. Beach v. Citizens Benefit Ass., 491.
Policy voidable and not void from failure to pay premi.
um note when due, 498.

LIMITATION.

Exhibition of claim to administrator does not suspend
the statute, 16.

Promise to pay debt upon condition does not avoid the
statute, unless condition is complied with, 17.
Administrator can not revive claim barred against the
estate, 17.

Constitutionality of state legislation affecting statutes of
limitation, 21.

Effect of limitation act upon judgment creditor in sec-
ond action for sale of property, 58.

Where party gives an altered note in payment of a debt,
statute does not commence to run until discovery of
fraud, 78.

Endorsement of part payment on back of notę not suf-
ficient evidence to suspend statute, 97.

When land is owned in common, action for partition ex-
ists from date of tenancy; failure to assert rights for
20 years will not bar action, 117.

Adverse possession can not run against remainder man
until expiration of life estate, 117.

In equity, when jurisdiction of law and equity concur-
ent and exclusive respectively, 158.

Bill seeking to have deed declared a mortgage and for
an account, a money demand, and must be filed within
five years (Ill.), 158.

In case of direct and implied trust, statute applies from
time trust is discovered, 158.

An endorsement of payment on a promissory note,
where no valuable consideration actually passed, is not
by force of an oral agreement, such a payment as will
prevent the operation of the statute. Blanchard v.
Blanchard, 164.

The effect of the statute of, on actions to enforce trusts;
editorial article, 283.

Resulting trusts in Pennsylvania must be enforced within
twenty-one years, 292.

Forcible entry does not prevent statute from running
against intruder, 294.

On witnessed promissory note, under Massachusetts
statute, 417.

In action for recovery of taxes paid by tax sale pur-
chaser, statute runs from date of payment, 434.

In cases not heretofore solely_cognizable in courts of
chancery, an action for relief on the ground of fraud
must be brought within five years after the cause ac-
crues. McGennis v. Hunt (Iowa), 445.

A receipt of payment endorsed by the payee of a joint
promissory note is not sufficient to tolf the running of
the statute of limitations in favor of a promissor not
named in the receipt, 457.

Statute does not run till cause of action accrues; several
receipts, 457.

Effect of statutes of, upon municipal corporations, 482.
In action to recover possession of land, statute applic-
able to the lien of a judgment creditor on the land,
though the judgment debtor may sell and convey the
land with possession to the party setting up the statute.
Pratt v. Pratt, 471.

Statute does not begin to run in such case until the land
has been sold under the judgment and the purchaser
becomes entitled to a deed. Ibid.

As soon as the judgment creditor places himself, by saln
and purchase of the land, in a condition that he can
bring a suit for the possession, the statute begins to ru
against him. Ibid.

LIQUOR LAWS.

[See also "CIVIL DAMAGE" LAWS.]

Person prosecuted for selling liquor without license can
not defend by showing that it was sold by his wife in a
part of the house used by her as a store, 35.

Construction of Ohio law as to sale of liquors to minors,

118.

Liability of husband for sale by wife, 198.

Evidence of use of premises for illegal sales, 198.

Merchant's license does not authorize sale in quantities
less than a gallon (Mass.), 256.

In indictment for illegal sales, time not material, 277.
Defendant may show that article sold by him was not in-
toxicating, 376.

Information for selling liquors; separate offenses, 437.
LOAN ASSOCIATIONS.

[See CORPORATIONS; USURY.]
LOTTERIES.

[See CONTRACTS.]

LYNCH LAW.

The origin of, 310.

MAGISTRATES.

[See JUSTICE OF THE PEACE.]

MALICIOUS PROSECUTION.

Party acting by by advice of counsel, rebuts presump-
tion of malice and want of probable cause, 358.
MANDAMUS.

Court will not grant writ of, where there is no way of
enforcing obedience to it, 236.

MANSLAUGHTER.

[See HOMICIDE.]

MARINE INSURANCE.

Partial loss; measure of loss where owner repairs; su-
ing and laboring clause, 96.

Question of seaworthiness of vessel is for jury, 433.

MARITIME LAW.

[See ADMIRALTY AND MARITIME LAW. |

MARRIAGE.

[See also HUSBAND AND WIFE.]

Intermarriage of whites and negroes in Texas, 1.

Domicil as affecting contract of, 1.

Marriage procured by fraud voidable only at election of
party defranded. Tompperts Exrs. v. Tomppert, 66.
Party committing the fraud is bound at the election of
the party defrauded. Ibid.

Right to avoid a marriage is personal, and, if not taken
advantage of by a party in his life time, can not be
exercised by his executors or devisees. Ibid.
Action may be maintained in Indiana for breach of
promise cf marriage independent of the statute, 97.
Promise to marry need not be in writing, 97.

The action for breach of promise of marriage, and its
proposed abolition in England, 200.

Breach of promise of marriage under the civil law, 280.
MARRIED WOMAN.

[See HUSBAND AND WIFE.]

MASTER AND SERVANT.

[See also NEGLIGENCE.]

Willful acts of servants; articles by Levant Brown, Esq.,
251, 483.

Willful acts of servants; article by C. H. Barrows, Esq.,

412.

Effect of dismissal of servant before expiration of time
435.

MASTER IN CHANCERY.

[See OFFICES AND OFFICERS; OFFICIAL BONDS.]
MAXIMS.

Mobilia sequuntur personam, 119.

MEASURE OF DAMAGES.

[See DAMAGES.]

MECHANICS LIEN.

Purchase under execution issued upon mechanic's lien;
refusal of owner to allow premises to be removed;
measure of damages, 174.

Misdescription of premises in petition to enforce, 238.
Covenant in building contract, that builder is to keep the
building free from mechanics' liens, not broken by the
creation of such a lien, due to default of the owner, and
if he is indebted to builder, 356.

Notice of, should state that credit has been given, 398.
Lien holder taking notes, lien is lost, 398.

MECHANICS LIEN-Continued.

Sub-contractor cannot make original contractor a party
after expiration of time for filing lien, 415.

Good only for materials which actually enter into build-
ing, 434.

Though it does not lie against public school building,
trustees may contract therefor, 438.

MERCANTILE AGENCIES.

Liability of, for giving false information, 340.

MISTAKE.

Liability for acts committed under. 173.

Bill to reform partnership agreement on ground of, 317.
MORTGAGE.

Of Personalty.

Mortgagee of chattels does not become absolute owner on
breach of conditions, 155.

In replevin against mortgagee of chattels who has seized
them for non-payment, mortgagor may show that notes
secured were usurious, 155.

Mortgage of property not in existence, when valid, 197.
Chattel mortgage and written agreement to govern the
same subject-matter between the parties executed
contemporaneously must be treated as one contract.
Blakeslee v. Morgan, 289.

Chattel mortgage permitting the mortgagor to remain in
possession, and to sell and apply the proceeds, or any
part of them to his own use, fraudulent and void as
against creditors. Ibid,.

Mortgage of chattels, mortgagor remaining in possession,
void, 336.

Insufficiency of execution of chattel mortgage, 357.
Mortgage executed on rolling stock, engines, cars, etc.,
of railroad is a chattel mortgage, 381.

Requisites of affidavit to chattel mortgage under Ohio
statute, 436.

Assignee of chattel mortgage given without considera-
tion has no rights superior to mortgagee, 498.
Of Realty.

Effect of agreement by grantor in deed of trust made af-
ter execution of deed, as to easement, 38.
One taking a mortgage to secure a pre-existing debt,
the time of paymen not been extended and no securi-
ties being surrendered, cannot set it up as against par-
ties having prior equities, 58.

A mortgagee must include all his notes in one foreclos-
ure suit, otherwise a subsequent action to foreclose
will be barred, 78.

Lien of mortgage on property redeemed from sale, 97.
Construction of an assignment of, 116.

Statutory foreclosure of mortgage under power of sale;
notice of sale; misnomer, 155.

Mortgage not to be restricted to premises described in
deed referred to for description, if instrument contains
another clear description embracing more than is de-
scribed in deed referred to, 297.

Trustee process in Massachusetts; attachment of mort.
gaged property, 356.

Assumption of mortgage debt; grantee not liable at law
to mortgagee, 397.

Power of court to restore mortgage lien discharged
through mistake: rights of subsequent lienors. French
v. Stone, 405.

Mortgage lien not an "estate or interest in land" within
Minnesota statute, 414.

MOTIVE.

When courts will enquire into party's motive in making
purchase. Edwards v. Allonez Mining Co., 188.
MUNICIPAL BONDS.

Ordinance of city authorizing issue of bonds to gas
works provided company should guarantee their pay:
ment; guaranty embraced both principal and interest
and protected both city and bondholder, 133.
Where to a municipal bond which has several years to
run, an overdue and unpaid coupon for interest is at
tached, that fact does not render the bond and the
subsequently maturing coupons dishonored paper, so
as to subject them, in the hands of a purchaser for
value, to defenses good against the original holder.
Cromwell v. County of Sac, with note, 209.

Municipal bonds payable to bearer are negotiable in-
struments, and subject to the same rules as other ne-
gotiable paper. Ibid,

Missouri act of March 21, 1868, as to, constitutional, 294.
The Supreme Court of the United States having held the
"Township Railroad Act" of Missouri constitutional,
(Cass Co. v. Johnson, 5 Cent. L. J. 506), it is the duty of
the circuit court to follow that judgment, notwith
standing the later decision of the Supreme Court of
Missouri in The State v. Brassfield. Foote T. Johnson
Co., 345.

MUNICIPAL BONDS-Continued.

Where negotiable commercial securities are issued and
negotiated before there is any decision by the courts of
the state against the validity of the act authorizing
their issue, the Supreme Court of the United States
does not consider itself bound to follow a subsequent
decision of the local courts invalidating such securi-
ties, but will decide for itself whether, under the con-
stitution and laws of the state, such securities are
valid or void. Ibid.

MUNICIPAL CORPORATIONS.

[See, also, NEGLIGENCE.]

Licensing exhibition of wild animals on street liable to
owner of horses frightened for damages caused, 35.
No recovery can be had on a quantum meruit by a con-
tractor against, 56.

Liability for flooding caused by street improvements, 75,
City not bound by acts of agent in ordering work be-
yond the terms of its contract with the contractor, 96.
Duty of, as to construction of bridges, 97.
Effect of city charter on general law, 116.

Public right to use a horse railroad track in the streets of
a city for vehicles, does not authorize transportation
company to use it in competition with the railroad, 139.
Power to appropriate to particular uses land acquired
by dedication, 139.

Nature of the use of streets for gas pipes, 176.

Power of cities under the constitution of Illinois to con-
tract indebtedness. Law v. The People, 248.

City of Chicago has no power to provide a fund, by the
levy of a tax, to entertain official visitors to the city.
Ibid.

Liability of, for treble damages (Mo.), 294.

The City of St. Louis gas suit, 332,

Liability of, for injury from surface water on streets, 414.
MURDER.

[See HOMICIDE.]

NATIONAL BANKS,

[See BANKS AND BANKING.]

NATURALIZATION.

A native of China of the Mongolian race is not entitled
to become a citizen of the United States under the Re-
vised Statutes as amended in 1875. In re, Ah Yup, 387.
A Mongolian is not a "white person" within the mean-
ing of the term, as used in the naturalization laws of
the United States. Ibid.

NEGLIGENCE.

[See also CARRIERS; MASTER AND SERVANT, ETC.]
Contributory Negligence.

Party riding on pilot engine guilty of, and cannot recover
for injury received while there. Balt. & Pot. R. R. v.
Jones, 45.

General rule as to, in Illinois, 97.

Neglect of engineer of train to sound whistle does not
excuse neglect of party crossing track to take precau-
tions. C. R. I. & P. R. R. v. Houston, 132; same, 175.
In party driving too near the edge of a defective high-
way, 138.

Failure of woman to hold on to straps in street car not,
162.

Not negligence per se to expose elbow from window of
street car, 335.

In a crowded city where there are many tracks the same
increased care is required of the public as of the com-
pany. Harlan v. St. L., K. C. & N. R. R., 229.

Duty of court to determine as matter of law, the effect of
contributory negligence of plaintiff. Ibid.
Party acting under the direction of company's servant
not guilty of, 236.

Riding in caboose car not contributory negligence, 401.
The negligence of the driver of a private carriage will
prevent a recovery by an injured passenger. Prideaux
v. City of Mineral Point, 428.

Land owner permitting partition fence to remain out of
repair,whereby his stock are injured by railroad, guilty
of, 436.

Duties of pedestrians in streets of cities, 458.

In general.

Liability of owner of dangerous animals; that plaintiff
was unlawfully on defendant's land will not defeat
action, 157.

Action against sheriff for negligence in suffering process
to be altered, 217.

Liability of safe deposit company for loss of bonds de-
posited with it, 221.

No recovery can be had for accident caused by the acci-
dental breaking of a tool in the hands of another, 256.

NEGLIGENCE-Continued.

Negligence in leaving glass exposed on the lower floor of
a building when workmen are employed overhead, 256.
Negligence in crossing street, 317.

Landowner leaving abandoned tank open on his land not
liable to owner of trespassing cattle which fall therein
and are drowned, 338.

One whose dog trespasses on another's land and kills
domestic animal liable, 359.

Collateral securities; negligence of holder in Lot collect-
ing when due, 417.

Lessee bound by lease to keep up fences not liable for
injury to cow caused by its swallowing wire from de-
fective fence, 421.

Negligence in leaving blanks in promissory note, 434.
Master and Servant.

Injury to servant through incompetence of fellow-sery-
ant; insufficiency of the number of servants employed;
use of dangerous machinery, 16.

Servant knowing dangerous character of his work and
continuing in the employment, presumed to have as-
sumed the extra risk, 19.

Not error to refuse to instruct that "if the servant had,
in the course of his employment, sufficient opportu
nity to know the general position of the dangerous ob-
ject, he was charged with knowledge of its dangerous
character." Ib.

Laborer employed by railroad company to build cul-
vert and superintendent in charge of the work, not
fellow-servants, and company liable for injury to
former caused by negligence of latter, 60.

General rule as to liability of master for injury to serv-
ant, 117.

Where master employs competent men to take charge of
the erection of a building, he is not liable if a fellow-
workman, not under his superintendance, select a de-
fective put-log, by the breaking of which plaintiff was
injured, 255; same rule 298.

The terms "fellow-workman" and "fellow-servant,"
discussed, 280.

Liability of master to servant; defective appliances, 275.
Independent employment; master not liable, 401.
Municipal Corporations.

Liable for flooding caused by street improvements, 75.
Not liable for injuries caused by the negligence of fire-
men, when, 120.

Liable for willful negligence of policemen in making
arrests on charge of felony, 12.

Contractor and not city liable for negligence of employee
in building sewer, 354.

Liability of municipal corporations to owners of prop.
erty destroyed by fire. Tainter v. City of Worcester,

408.

County not liable for negligence in repairing county
road, 434.

Railroad Companies.

The Liability of Railroad Companies in Missouri for Kill-
ing Stock. Articles by Hon. H. S. Kelly, 23, 43.
Contract relieving railroad from claims for damage to
stock, "from whatever cause arising," does not re-
lease it from liability for loss resulting from the negli-
gence of its servants, 56.

Oil train thrown from track by landslide, negligence of
company not proximate cause of the destruction of
plaintiff's house several hundred feet distant from
burning oil which floated down the stream, 95.

Neglect to sound whistle does not excuse neglect of
party to take precautions. C. R. I. & P. R. R. v. Hous-
ton, 132.

In action for killing stock, previous demand necessary
(Kas.), 157, 357.

Killing stock; evidence of comparative value of animal
killed inadmissible, 157.

Liability of, for injury to person traveling on free pass.
Grand Trunk R. R. v. Stevens, 207.

Liabilty of, for killing estrays, 237.

Construction of Missouri statutes as to killing stock,
277.

Not liable for injury caused by unauthorized running of
engine by yard-master, 294.
Under section 1289, of the Iowa Code, a railway com.
pany is absolutely liable for all damages by fire set out
or caused by operating its road, without regard to the
question of negligence. Small v C. R. I. & P. R. R. 310.
Criticism of this ruling, 341.

In an action for loss of elevator burned by fire caused
by the locomotive of the defendant communicating
sparks to another elevator near its track, from whence
the fire spread to the plaintiff's building: Held, that
the fire from the defendant's locomotive was the prox
imate cause of the loss.

Ibid.