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BOOK NOTICES-Continued.

Constitutional Limitations, Cooley, 339.
Cooley's Constitutional Limitations, 339.
Damages, Leading Cases on, Sedgwick, 440.
Digest of Mines and Minerals, Morrison, 500.
64 of Nevada Reports, Hawley, 500.
44 United States, Vol. 8, Abbott, 39.
Equity, Principles of, Bispham, 399.
Examination Questions, Bradwell, 79.

Force's Walker's Introduction to American Law, 399,
Hawley's Nevada Digest, 500,
Hilliard's American Law, 480.

Hinkley's Testamentary Law, 339.

Homesteads and Exemptions, Law of, Thompson, 338.
Honeyman's Abridgment of New Jersey Laws, 40.
Husbands on Married Woman, 119.

Index to United States Supreme Court Reports, Myer,
159.

Introduction to American Law, Walker's, Force, 399.
Iowa Code of Civil Procedure, Stacy, 220.
Jackson's Texas Appeal Reports, Vol. 3, 200.
Law Student's Review, Blickensderfer, 40.

Laws of New Jersey, Abridgment of, Honeyman, 40.
Leading Cases on Damages, Sedgwick, 440.
Lunacy Laws of New York, Ordronaux, 339.
Married Woman, Law of, Husbands, 119.
Michigan Reports. Vol. 97, Chaney, 419,
Mines and Minerals, Digest of, Morrison, 500.

Missouri Court of Appeals Reports, Vol. 3, Berry, 240.
Reports, Vol. 65, Skinker, 139.

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66 Court of Appeals, Vol. 3, Berry, 240.

Nebraska, Vol. 7. Brown, 379.

New Jersey, Equity, Vol. 2, Stewart, 480.
Oregon, Vol. 6, Bellinger, 379.

Tennessee, Baxter, Vol. 3, 280.

Texas Appeals, Vol, 3, Jackson, 200.

Res Adjudicata, Wells, 319.

Sedgwick's Leading Cases on Damages, 440.
Short Studies of Great Lawyers, Browne, 200.
Skinker's Missouri Reports, Vol. 65, 139.
Stacy's Iowa Code of Civil Procedure, 220.
Stewart's New Jersey Equity Reports, Vol. 2, 480.
Suretyship and Guaranty, Law of, Brandt, 299.
Tennessee Reports, Baxter, Vol. 3, 280.

Testamentary Law, Hinkley, 339.

Texas Appeal Reports, Vol. 3, Jackson, 200.

Thompson on Homesteads and Exemptions, 338.

United States Digest, Vol. 8, Abbott, 39.

Wade on Notice, 259,

Walker's Introduction to American Law, Force, 399.
Wells on Res Adjudicata, 319.

BREACH OF PROMISE OF MARRIAGE.

[See MARRIAGE.]

BROKER.

Where a broker, employed to sell property at a price sat-
isfactory to the principal, produces a party ready to
make the purchase at a satisfactory price, or to make
an exchange satisfactory to the principal, latter can
not relieve himself from liability to the broker for a
commission by a capricious refusal to consummate the
sale, 133.

BURDEN OF PROOF.

[See EVIDENCE.]

BURGLARY.

[See also CRIMINAL LAW AND Procedure.]

BURGLARY-Continued.

The question of intent in, 261.

In indictment for burglary in church, ownership of
church must be avei red, 398.

CARRIERS.

[see also NEGLIGENCE; RAILROADS.|

Where a common carrier is chargeable with knowledge
that the article carried is intended for market, and un-
reasonably delays its delivery, and there is a deprecia-
tion in the market value of the article at the place of
consignment, between the time it ought to have been
delivered and the time it was in fact delivered, such
depreciation will constitute the measure of damages, 74.
Right of common carrier at common law to fix charges
for services, 81.

Destruction of goods by fire; "act of God," 95.

May limit liability in carriage of horses, 194,

Sudden failure of wind by which vessel was forced
aground held the "act of God," 343.

CARRYING ARMS.

Casual carrying of arms not indictable, 187.
"CASE MADE,"

[See APPEALS AND APPELLATE Procedure.]
CATTLE.

[See NEGLIGENCE.]

CERTIORARI.

Proper in Illinois to review proceedings of trustees of
schools, 195.

CHANCERY.

[See JURISDICTION.]

CHANCERY PRACTICE.

[See PLEADING AND PRACTICE; EQUITY.]
CHARACTER.

[See NATURALIZATION LAWS.]
CHARITABLE BEQUESTS.

[See WILLS.]

CHATTEL MORTGAGE.

[See MORTGAGE.]

CHECK.

[See NEGOTIABLE AND ASSIGNABLE PAPER.]
"CIVIL DAMAGE" LAWS.

Under Ohio statute, damages resulting from death of in-
toxicated person can not be recovered; criticism of
this case, 42.

Exemplary damages allowable in such actions; also,
compensation for mental suffering and anguish, 77.
Evidence of wanton sales of defendant, after notice, ad-
missible, 77.

Plaintiff not estopped by her own purchase of liquor for
husband, when, 77.

In action under, sales need not be proved beyond a rea-
sonable doubt, 378.

New York law held constitutional, 402.
Evidence under Ohio law, 415.

COMMON CARRIERS.

[See CARRIERS.]
COMPOSITION.
[See BANKRUPTCY.]
CONDITIONAL SALES.
[See SALES.]
CONDITIONS.

[See DEEDS; SALES.]
CONDUCT OF TRIAL.

[See PLEADING AND PRACTICE.]
CONFESSIONS.

[See CRIMINAL EVIDENCE.]
CONFLICT OF LAWS.

[See PRIVATE INTERNATIONAL LAW.]
CONSPIRACY.

To manufacture base and spurious indigo, with fraudu-
lent intent to sell it as genuine, indictable, though no
sale was made in pursuance thereto, 138.

CONSTITUTIONAL LAW.

Constitutionality of state prohibitory laws affecting cor-
porations, 17.

United States confiscation law not retroactive, 17.

Powers of municipal corporations to regulate trade, he

CONSTITUTIONAL LAW-Continued.
California "sample sellers" ordinance unconstitutional

16.

Illinois "Burnt Record Act" constitutional, 73.

Illinois act "to enable the corporate authorities of two or more towns, for park purposes, to issue bonds," constitutional, 97.

Where a statute authorizes a county to issue its negotiable bonds, and makes it the duty of the county court to levy a tax to pay the principal and interest, the power of taxation becomes a part of the contract, which cannot be lessened by the constitution and laws of the state afterwards enacted, without violating the provis ions of the United States Constitution. U. S. v Jefferson Co., 130.

Unconstitutionality of Texas Cattle Act, 176.

Illinois statute providing for taxation of shares of national banks, at place where bank is located, without regard to residence of owner, constitutional, 195. Constitutionality of punitive damages. Brown v. Swineford, 208.

Where there is no constitutional inhibition, legislature bas right to pass statutes which reach back to and change effect of prior transactions. U. S. Mortgage Co. v. Gross, 226.

Taxation by state on insurance company, on all business from all sources, constitutional. 241.

"Due Process of Law." Discussion of this term, 255. Kansas act, authorizing "cities therein named to become cities of the second class," unconstitutional, 259. Illinois statute "to prevent frauds upon travelers and owners of railroads," commonly called the "Scalpers Act," constitutional, 261.

Constitutional provision as to trial by jury does not apply to minor offenses, 296.

Recent changes in American state constitutions, 340. Meaning of "ex post facto" in the constitution, 345. Contract of marriage not subject to the constitutional inhibition as to impairment of contracts, 361.

Laws which pertain to the remedy and do not impair the obligation of contracts; article by M. M. Cohn, Esq., 363.

Section 643, Rev. Stat., as to the removal to the U. S. Circuit Court of prosecutions against federal revenne officers, constitutional. Findley v. Satterfield, 365. State taxation on auction sales of foreign goods, unconstitutional, 401.

New York "civil damage" law, constitutional, 402. United States statute relating to trade-marks, unconstitutional, 405.

Texas statute, making certain offenses committed out of the state indictable, constitutional, 421.

Missouri act, giving double damages to owners of stock killed by railroads, constitutional. Barrett v. A. & P. R. R., 428.

The provision of the Missouri constitution of 1875 (Art. 5, Sec. 9), requiring forfeitures and penalties to go to the school fund, only applies to such forfeitures and penalties as accrue to the state by virtue of statutory law, and it does not inhibit the legislature from giving such penalties to private individuals. Ibid. Ordinance of city restraining business of corporation be cause a nuisance, not unconstitutional, because it takes away benefit of previously granted charter. N. W. Fertilizing Co. v. Town of Hyde Park, 470.

Indiana statute, as to salary of judges, constitutional, 477.

CONSTRUCTION.

[See INTERPRETATION.]

(ONTEMPT.

When judgment of divorce awards custody of child to father, and thereafter mother abducts the child, and removes it from the jurisdiction of the court, mother cannot be committed therefor as for a continuing contempt, but the misconduct can only be punished criminally, 247.

CONTINUANCE.

[Sce PLEADING AND PRACTICE.] CONTRACTS.

Construction of Illinois statute as to option contracts, 41 Implied warranty in contracts of sale of real estate, 59. In action for breach of contract to let a public hall, a plea setting up that the purpose for which said hall was intended to be used was for the delivery of certain lectures, containing an attack upon Christianity, held, a good defense, 96.

Contract to convey real estate; effect of possession by plaintiff when suing for breach, 116.

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Contract to reprint a literary work in violation of right of copyright secured to a third person void, 138. Subscription in aid of college, a complete contract, when, 193.

Offer of real estate which is accepted, "subject to the title being approved by my solicitors," does not make a contract, 193.

Illegality of agreement to stifle prosecution, 194. When vote of municipal corporation amounts to a contract. 235.

Contract to insure life of negro in which party had no interest, not wagering, 344.

Contract not to run stage in opposition to defendants, not in restraint of trade, 344.

Promise, though without consideration, may be inforced, if for a public object, 379.

Contract to operate in grain options, void, 379. Engineer employed by ship owner to advise and estimate on repairs of ships, stipulated with the contractors for a commission on the contract obtained by his influence thus secured. In action by him to compel payment of his commission the contract was held void, 401. Contract to pay gratuity to railroad for location to certain point, not against public policy, 456. Contract in restraint of trade, 459.

Agreement by school board to loan public funds to public officer prohibited, 478.

When recovery may be had on an indebitatus assumpsit in contract for personal service only partially fulfilled. Duncan v Baker, 488.

Where D hired B to work for him for seven months at $15 per month, and B worked for D only fifty-nine days and then quit without any reasonable excuse therefor; Held, that B may nevertheless recover from D for what the work was reasonably worth, less any damage that D may have sustained by reason of the partial non-fulfillment of the contract. Ibid.

A says "I will give you a dollar for your inkstand." B says, "I accept it; it is yours." A goes for his satchel to put it in, and, when he returns, B refuses to let him have the inkstand. What is A's remedy, Query, 39; answers, 59, 99.

Is a promise to give a witness a share of the judgment if he will remain in the state and give his evidence in the case, void? Query, 240; answer, 240.

In order to get tenant to quit, landlord pays him $100. Can he afterwards recover it, as paid without consideration? Query, 260; answer, 340.

CONVERSION.

Several actions for one conversion, 318.
Innocent purchaser; measure of damages; article by F.
L. W., 442.

CORPORATIONS.

Signing subscription to stock of corporation constitutes an agreement between the parties, and subscriber becomes thereby a stockholder in absence of provision requiring payment as a condition precedent to membership, 39.

Action may be brought against corporation, though its property is in the hands of trustee for bondholders, 57. Subscribers to the capital stock of a corporation can not release themselves from payment, when such subscriptions are necessary for the payment of corporate debis, 74.

Foreign corporations may maintain suits in courts of Ohio, and foreign insurance companies may take securities for debts due them from residents thereof, without complying with the statutory conditious to their transaction of the business of insurance, 177. Statute making stockholders individually liable for "labor performed for such corporation," does not include service performed by assistant chief engineer of road, Under Illinois general insurance law, stockholders are liable to creditors to the amount of stock held by them severally until capital stock is all paid in, and certifi cate thereof received; they are not relieved from double liability by payment to corporation of stock subscribed. Tibbals v. Libby, 184.

179.

Effect of increasing capital stock. Ibid.

Private corporation can not escape payment of debt on ground that its indebtedness exceeds the limit fixed by its articles of incorporation, 213.

Rule that foreign corporations can not purchase and hold real estate in Illinois, does not apply to corporations created for the purpose of loaning money on real estate securities. U. S. Mortgage Co. v. Gross, 226.

CORPORATIONS-Continued.

Liability of stockholders for labor done for the corporation only contingent; debtor accepting note of corpor. toration, extending time of payment of claim, relieves stockholder 274.

Duty of, under Wisconsin statute, to keep their principal place of business where created, 278.

Liability of stockholders; pleading; duplicity, 319. President of railroad no power to bind corporation by executing mortgage on road, 379.

Contract made with foreign corporation before it has complied with state laws, void as to third parties, 379. On transfer of shares, corporation is bound to use care in the issue of certificates, and if, by the form of the certificate, or otherwise, the corporation has notice that the present holder is not the absolute owner, but holds the shares by such a title that he may not have authority to transfer them, the corporation is not obliged, without evidence of such authority, to issue a certificate to his assignee, 417.

Innocent purchasers of shares, fraudulently issued, not liable; remedy of corporation is against perpetrators of the fraud in their individual capacity. Foreman v. Bigelow, 430.

Limitation in suit by assignee in bankruptcy to charge shareholders of corporation. Ibid.

When number of shares and amount of stock is fixed, whole stock must be subscribed before any call can lawfully be made, 436.

•COSTS.

[See PLEADING AND PRACTICE.] CO-TENANCY.

One tenant can not recover from his co-tenant for appropriation by the latter directly to his own use of the products of the common property, where there is no agreement between the parties making the latter liable to the former on account of such appropriation, and where the latter has not excluded the former from the enjoyment of the common property. Kean v. Connolly, 186.

But taxes paid may be set-off. Ibid.

Trover by co-tenant or mortgagee of chattels, 197. COUNTERCLAIM.

[See PLEADING AND PRACTICE.]

COUNTERFEIT MONEY.

[See PAYMENT.].

COVENANTS.

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

CRIMES.

[See the various special tltles.]

CRIMINAL EVIDENCE.

On indictment for rape, prisoner can not be forced to testify that he visited houses of illfame and gambled, 17. While evidence of the com nission of one crime is incompetent on the trial of a party for another and distinct offense, merely for the purpose of inducing the jury to believe that defendant is guilty of the latter because he committed the former, yet evidence which tends directly to show the defendant guilty of the crime charged, is not rendered incompet-nt because it also tends to prove him guilty of another and entirely dif ferent offense, 118.

Dying declarations of witness to homicide not admissible, 178.

Letter written by prisoner to wife, and in custody of third person, admissible against him, 275.

Degree of evidence necessary to support alibi, 314.
Declarations of co-conspirators, 314.

In prosecution of wife for assault on husband, latter competent witness for state, 316.

The examination of accused persons, 320. Where part of a conversation is given in evidence, prisoner is entitled to have the whole given, 435. Where self defense is relied on to justify homicide, the relative strength and temper of the parties, and other personal qualities not capable of any description, except by opinion, may be shown by witnesses familiar with them and capable of forming opinions, 433. Also, that the assailant was a powerful man of dangerous t mper, who had threatened defendant, and that the latter appeared to be in fear. Ibid. Expert testimony as to the effect of a pistol shot upon clothing. Ibid.

Evidence of the defendant's good character can not be met by evidence of an act of violence against another at a different time and place, 439,

Law does not presume that the mere proximity of third persons determines that there is not extreme danger in a violent attack, 439.

CRIMINAL EVIDENCE-Continued.

On trial for abducting a child and imprisoning her in a house where the identity of the house became material, testimony of another to the effect that the prosecuting witness, when taken to a particular house, pointed out a certain room and closet as the place where she was confined, irrelevant, 456.

Prisoner examined on his own behalf not compelled to disclose confidential communications between himself and attorney, 316.

CRIMINAL LAW AND PROCEDURE. [See also the various special titles.]

7.

A conviction for burglary with intent to commit larceny will bar a subsequent prosecution on an indictment for the same larceny. State v. De Graffenried, with note, Where it was proved in a criminal case that the bailiff who had the jury in charge, and who had testified on the trial for the state, was with the jury in their room the greater part of the time while they were deliberating on their verdict, and no explanation was made of the presence of the officer, and the state did not show the prisoner's rights were not prejudiced thereby held, that the verdict should be set aside and a new trial granted, 9.

Comments in public papers to the prejudice of defendant ground for change of venue, 76.

Construction of Iowa statute as to cancelling mortgaged chattels, 76.

Trial of challenge to the array of the petit jury by the court and not by triers appointed for that purpose, not error, 98.

Indictment which alleges that a threat was made against two persons does not charge two offenses, 98.

In prosecutions commenced by affidavit, amidavit may be amended; distinction between indictinents and informations as to amendments, 116,

Where a clerk has omitted to sign and seal jurat to affidavit verifying information before defendant pleads, he may do so before jury is called, 117.

Change of venue in a criminal case, on account of the bias or prejudice of the inhabitants of the county against the defendant, can only be had when the existence of such bias or prejudice is shown to the satisfaction of the court, 118.

Not error to send jury under charge of officer to view scene of crime, though neither judge, attorney nor prisoner accompanied them, 118.

While the jury were in their room considering their verdict, one of their number being wanted as a witness was brought by the sheriff, under direction of the court, into the court room, sworn and examined as a witness, and then returned to his fellows in their room: Held, no error, 118.

Right of court to manacle prisoner during trial, 121. Circuit court commissioner no power to hear application for discharge of prisoner held under sentence of court, 179.

Misnomer of prison in sentence no ground for discharge of prisoner, 179.

Effect of surplusage in verdict, 197.

A verdict of acquittal, in a misdemeanor case obtained by fraud, may be set aside by mandamus and defendant be put again on trial, 214.

When accused has counsel, it will be presumed that irregularities did not occur in the proceedings, in the absence from the record of exceptions to such alleged irregularities, 213.

Not necessary that form of the oath taken by jury should be copied in the record: sufficient that it appears jury were duly sworn, 213.

It must appear on the record that the person tried for
felony was personally present during the trial, 213.
No objection to witness for the prosecution that his name
does not appear at foot of indictment, or that he had
not been summoned, or that no notice was given ac-
cused of intention to examine him, 213,
Construction of Tennessee Ku Klux act as to going in
disguise on another's premises, 221.

When challenge said to be submitted, 238.
Examination of juror by judge; juror's opinion of guilt,

234.

Costs in misdemeanor cases (Kas.), 234.

When sealed verdict is handed in by jury at night and they then separate, in order to be legal, it must be orally and publically stated by the foreman in open court on reassembling. Com. v. Tobin, 265.

A verdict which has never been spoken by the jury can not be implied from the mere omission of the jury to contradict the statement of the clerk as to what verdict has been rendered, or from the silence of the prisoner and his counsel. Ibid.

Effect of neglect of judge to sign instructions and file papers for bill of exceptions, 275,

CRIMINAL LAW AND PROCEDURE-Continued. One convicted in a court of record of an offense cognizaable by a justice can have no severer sentence than a justice could impose had he tried him, 298.

A sentence merely excessive is to be reversed for the excess only, 298.

"Poisonous and noxious substances;" meaning of this term in California statute, 314.

Presumption of coercion of wife, 335.

Obtaining release of judgment by falsely pretending to have ability to discharge it, not indictable, 344.

A person may in the same act commit more than one crime. Thus, a city ordinance which provides for punishing an act which is already a crime under the gen eral laws of the state, does not deprive the circuit court of its jurisdictiou to indict and try persons who are guilty under the ordinance for a violation of the state law, 319.

Five years imprisonment in state prison for petit larceny is excessive, 419,

A person may be convicted of an offense committed out of the state, 421.

Upon trial for murder in the first degree, verdict of guilty of murder in the second degree, without expressly acquitting the defendant of murder in the first degree, is good, 440.

The use of the word "feloniously" in an indictment, 440. Statute of limitations need not be pleaded, but may be shown in arrest, 461.

Indictment for making deed for lands previously sold by same person must describe specifically the lands so as to identify them, 479.

Under indictment for burglary and larceny, where value of goods stolen is not stated, and larceny was committed in the perpetration of burglary, no conviction can be had for the larceny, 479.

Record must show twelve jurors present when verdict was rendered, 499.

Facts taking case out of the statute of limitations should be pleaded, 499.

A being in Iowa shoots across the state line and kills B who is in Missouri. Where is A triable? Query, 19. Answer, 19.

If A being in Illinois shoot across state line and mortally wound B in Missouri, who goes into Iowa and dies, where is A triable? Query, 59. Answer, 160. CUSTOM.

That outgoing tenant of a farm shall look exclusively to the incoming tenant and not to landlord for compensation for seeds, acts of husbandry, tillages, etc., unreasonable and bad, 16.

Stock exchange customs when unreasonable, 134.
Quantum of evidence required to prove custom, 355.
Usages of trade; leading article, 383,

Legality of custom not a question for the jury, 458. Visitor bound by rules of board of trade when trading thereon, 458.

DAMAGES.

[See, also, CIVIL DAMAGE LAWS; NEGLIGENCE.] Measure of, on breach of mortgagor's covenant with grantee to pay mortgage, 197.

The constitutionality of punitive damages. Brown v. Swineford, 208.

On breach of warranty, 279.

Some cases in which excessive damages have been discussed and determined, 283.

In action for trespass for unlawful conversion, 301. Damages where there is no other substantial element than physical suffering. Hagan's case, 311, and see 459. Conversion; innocent purchaser; measure of damages; article by F. L. W. 442.

DAYS.

The legal status of the 29th of February. Helphenstine v. Vincennes Nat. Bk., 27.

Criticism of this case, 80.

Where deposition is required to be filed at least one day before trial, both the day on which the deposition is filed and the day of the trial are to be excluded in computing the time, 117.

Judicial order requiring payment within a certain num. ber of days, means so many days after service, 298. DECLARATION.

[See PLEADING AND PRACTICE.]

DEDICATION OF LAND.

[See HIGHWAYS,]

DEEDS.

[See, also, MORTGAGES; VENDOR AND PURCHASER.] Variance between habendum and premises, 59.

DEEDS-Continued.

Acknowledgment of deed can not be impeached by incorroberated testimony of grantor, 195.

Covenant against incumbrances a present engagement that grantor has an unincumbered title, and not a covenant of indemnity, 201.

Covenants as to title do not cover patent defects, 256. Where a grantee assumes payment of an outstanding mortgage he is charged with a personal liability to the owner of the mortgage, which can not be released by the grantor, after it has become known to the party intended to be benefited. Whiting v. Gearty, 307. Effect of delivery of deed, 336.

Where a deed absolute on its face is executed, and at the same time the grantee executes to the grantor a defea sance, if, subsequently, upon a new and valid consideration between the parties, the grantor voluntarily surrenders to the grantee such defeasance for cancel. lation, the title of the grantee is thereby rendered ab solute and discharged of all conditions. Wilson v. Carpenter, 367.

In Illinois there can be no recovery in an action of covenant for breach of the covenant of warranty, in a case where the land conveyed is and ever has been vacant and unoccupied, without showing more than an existing paramount title in another. There must be an eviction actual or constructive. Scott v. Kirkendall 386. Covenant of warranty; notice of paramount title, 456. DECLARATION.

[See PLEADING AND PRACTICE.] DECLARATIONS. [See EVIDENCE.] DEFAULT.

[See PLEADING AND PRACTICE.] DEFEASANCE.

[See DEEDS.] DEFENCES.

[See PLEADING AND PRACTICE.] DEFINITIONS.

[See INTERPRETATION.] DEPOSITIONS.

[See PLEADING AND PRACTICE.] DIRECTORS.

[See CORPORATIONS.]

DIVORCE.

Wife's domicil is that of her husband, and her remedy for matrimonial wrongs must be sought there; therefore wife of man not domiciled in England cannot maintain suit for restitution of conjugal rights if husband has left jurisdiction before proceedings were commenced, 16.

In suit for, former decree for separate maintenance not admissible, 154.

No court, except that one in which divorce was granted, has jurisdiction of action on bond to secure alimony, 194.

What amounts to desertion, 196.

Amount of alimony cannot be increased or diminished after judgment, 299.

Evidence required to prove adultury, 436. DOMICIL.

[See also REMOVAL OF CAUSES.]

Wife's domicil is that of her husband; illustration, 16. What constitutes a domicil, and what acts prove change of, 96.

Marriage void in place of domicil, void though celebrated elsewhere. Kinney v. Com., 330. DONATIO CAUSA MORTIS.

Deposit in savings bank may be subject of, when, 259. C, owner of bank certificate of deposit, sixty days before his death, indorsed is as follows: "Pay B, and no one else, then, not till my death. My life seems to be uncertain; I may life through this spell, then I will attend to it myself. (Signed) C," and delivered it to B. Held, not a valid donatio causa mortis. Hassell v. Basket, 308.

DOWER.

[See HUSBAND AND WIFE.] DURESS.

Recovery of money paid under, 375, EASEMENTS.

The law as to ancient lights in Kentucky, 61. Grant of right of way; construction of, 101. What is an easement, 192.

Water right appurtenant to land, 192.

ECCLESIASTICAL LAW.

A catholic priest borrows money to improve school house and gives note of church by himself as pastor. Who must be sued? Query, 99; answer, 140. EJECTMENT.

Judgment creditor in possession under void sale not entitled to payment of judgment as condition of recovery by heir, 157.

Adverse possession; when suit must be brought after removal of disabilities, 276.

Proper remedy for pre-termitted heirs to recover shares of ancestor's estate; claim for improvements by adverse occupant not allowed under a general denial, 276. ELECTIONS.

Validity of vote of person non compos mentis, 338. EMBEZZLEMENT.

[See also CRIMINAL LAW AND PROCEDURE.]

What amounts to, 98.

Sufficiency of indictment for, 499.

EMINENT DOMAIN.

Where a railroad, under the power of eminent domain, entered upon lands and laid its ties and rails, but with out having taken the proper legal proceedings, they did not enure to benefit of owner though company a trespasser, 182.

Appropriation of easement in land by municipal corporation, 398.

In action to recover compensation for land appropriated by a municipal corporation to public use, same rule ap plies for assessing compensation as where assessment is made by a jury in special proceeding, under the same statute, 398.

EQUITABLE ESTOPPEL.

[See ESTOPPEL.]

EQUITY.

See also JURISDICTION.]

If, in the transfer of negotiable paper, an endorsement is omitted through accident, mistake, or fraud, a good title will pass in equity by mere delivery, 1. When equity will grant new trial at law, 281. EQUITY PRACTICE.

[See PLEADING AND PRACTICE.] ESTOPPEL.

Where, at an administrator's sale, the auctioneer proclaimed that the property offered was clear of dower, and the widow of the deceased was present and made no objection, although of the opinion that she had an interest in the property. Held, that she was estopped from afterwards setting up her claim against the innocent purchaser. Hart v. Giles, 47.

One who remained away from home thirty years, his wife meanwhile believing him dead having married again, and sold his farm, held, not estopped in suit to recover farm from bona fide purchaser, 96; and see 315.

Railway company estopped by statements in bill of lading, to deny receipt of goods, 197.

In suit by creditor against stockholder to recover a debt of the corporation, defendant estopped from denying his liability on ground that corporation was never legally organized, 202.

Estoppel by conduct; article by C. M. D., 403.

In suit on railway aid bonds issued by city, latter estopped to deny the corporate existence of company or vafidity of proceedings for consolidation, 287.

One is not estopped from denying corporate existence of corporation by accepting office under it, 419.

EVICTION.

[See LANDLORD AND TENANT.]

EVIDENCE.

[As to Evidence in criminal cases see CRIMINAL EVIDENCE.]

Burden of Proof.

Where debtor testifies that he has paid note and destroyed it, and creditor swears that it was snatched from him and destroyed without payment, burden of proof on debtor, 234.

In action for injury to infant, burden of proof on defendant to show contributory negligence of parents. Hagan's case, 311.

Declarations.

Statement of plaintiffs in petition in bankruptcy by them against A, that he owed them the debt, not conclusive against their right to sue A's subsequently discovered principal, 18.

EVIDENCE-Continued.

Experts.

Evidence of, on questions of foreign law, 20.

A party may testify as an expert in his own behalf, 95. Evidence of, as to sufficiency of highway, inadmissible, 258.

Opinions of persons riding in railway carriages, who are not shown to have a special fitness for judging of the speed the train is moving, are not admissible on that point. Grand Trunk & Indiana R. R. v. Huntly, 387. Conductor of experience competent to express opinion as to the fitness of ties over which he runs his trains. Ibid.

Judicial Notice.

Courts will not take judicial notice of private or special statutes, 500.

Law and Fact.

The construction of by-laws of corporation, is for the court, 498. Miscellaneous Rulings.

Registers' certificates of entry in U. S. land office to show title, 119.

Leading questions discretionary with court, and not ground for reversal, 193.

Evidence of passage of laws; journal of town trustees 214, 215.

Effect of omission of party to testify in his own behalf, 341, 416.

Opinion Evidence. See Experts.
Parol to Vary Writings.

In suit to contest validity of nuncupative will, competent to prove that the testamentary words reduced to writing and probated are not the words spoken by the tes tator, 74.

Rule excluding parol evidence does not apply in cases where the original contract was verbal and entire, and part only of it was reduced to writing, 99.

Parol evidence of a testator's declarations made subsequent to the execution of the will, and shortly before his death, not admissible to show that he executed the will through duress, 158.

Parol testimony inadmissible to correct record of sale, 157.

When there is a verbal contract for sale of real estate, and deed is executed, verbal agreement is admissible to show real terms of contract, 155.

Where memmorandum of contract does not purport to express the whole contract, or part only 18 reduced to writing, omitted matter may be supplied by parol, 177. A contract with a county court may be shown by parol,

216.

Parol evidence inadmissible to show surrender of leased premises, 379.

Mistake or abbreviation in name of grantee in deed may be shown by parol, 379,

Presumption.

Of date of deed, 218.

Of legality of officers' acts, 275.

Of death fron absence, 344.

In action against carrier for loss of goods, no presumption of negligence, 418. Relevancy.

In action for damages for shooting plaintiff, threats made by him against defendant twenty days before the shoot. ing, irrelevant, 258.

In action on policy containing a clause of forfeiture for second insurance, evidence that insured obtained such second insurance because advised that the first was invalid, irrelevant, 298.

In action to recover price of property sold by agent, on question as to which of two parties was the purchaser, fact that plaintiff delivered the goods on agents' statement, relevant, 318.

But not upon whose credit he delivered them. Ibid. Of other libelous publications in action for libel, 345. Where railway accident occurs in consequence of defect in track, evidence of defects at other points than where accident took place, inadmissible, 387.

Evidence of the great value of the cars not admissible to show that railway company was not chargeable with negligence in running them. Ibid.

Where one who has suffered injuries for which he claims damages, calls in a physician for the purpose of an examination of his injuries, the physician may testify concerning them. But expressions and exclamations of pain, made during the examination, irrelevant. Ibid. In action for injury from defective sidewalk, condition of sidewalk four months after accident relevant, 416. Witnesses.

Want of religious belief does not render witness incom. petent, 19

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