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Constitutional Limitations, Cooley, 339.
Cooley's Constitutional Limitations, 339.
Damages, Leading Cases on, Sedgwick, 440.
Digest of Mines and Minerals, Morrison, 500.

" of Nevada Reports, Hawley, 500.

" United States, Vol. 8, Abbott, 39.
Equity, Principles of, Bispham, 399.
Examination Questions, Bradwell, 79.
Force's Walker's Introduction to American Law, 393,
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,

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.
Morris on Replevin, 158.
Morrison's Digest of Mines and Minerals, 500.
Myer's Index to the United States Supreme Court Re.

ports, 159.
Nebraska Reports, Vol. 7, 379.
Nevada Digest, Hawley, 500.
New Jersey Laws, Abridgment of, Honeyman, 40.

“ Reports, Equity, Siewart, 480,
Notice, Wade on, 259.
Ordronaux's Lunacy Laws of New York, 339.
Oregon Reports, Vol. 6, Bellinger, 379.
Principles of Equity, Bispham, 399.
Procedure, Code of Iowa Civil, Stacy, 220.
Proffatt's American Decisions, Vol. 3, 138: Vol. 4, 202;

Vol. 5, 312.
Replevin, Morris on, 158.
Reports, Digest of Nevada, Hawley, 500,

Michigan, Vol. 37, Chaney, 419.
Missouri, Vol. 65, Skinker, 139.

" 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.

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

Bale, 133.

(See EviDEI CE.]



The question of intent in, 261.
In indictment for burglary in church, ownership of

church must be aver red, 398.

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 ihe 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 charge

for services, 81.
Destruction of goods by fire; "act of God," 95.
May limit liability in carriage of horses, 191,
Sudden failure of wind by which vessel was forced

aground held the “acı of God,” 343.

Casual carrying of arms not indictable, 187.


Proper in Ilinois to review proceedings of trustees of

schools, 195.




[See WiLLS.)


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.
Plaintif not estopped by her own purchase of liquor for

husband, when, 77.
In action under, sales necd not be proved beyond a rea-

sonable doubt, 378.
New York law held constitutional, 402.

Evidence under Ohio law, 415.



(See SALES.)




To manufacture base and spurious indigo, with Irando-
lentinient to sell it as genuine, indictable, though no

Bale was made in pursuance thereto, 138.
Constitutionality of state prohibitory laws'affecting cor-

porations, 17.
United States confiscation law not retroactive, 17.
Powers of municipal corporations lo regulate trade, in


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 & certain room and closet as the place where she was contined, 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.] 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,


CORPORATIONS-Continued. Liability of stockholders for labor done for the corpora. tion only contingent; debtor accepting note of corportoration, 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 author. ity to transfer them, the corporation is not obliged, without evidence of such authority, to issue a certifi

cate 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. OOSTS.

[See PLEADING AND PRACTICE.) CO-TEYANCY. One tenant can not recover from his co-tenant for ap.

propriation 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 the various special tltles.) ORIMINAL EVIDENCE. On indictment for rapo, prisoner can not be forced to tes.

tity that he visited houses of illfame and gambled, 17. While evidence of the com nission of one crime is incom

petent 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 coinmitted 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

fereul offense, 118. Dying declarations of witness to homicide not admis

sible, 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 slate, 316. The examination of accused persons, 320. Where part of a conversation is given in evidence, pris

oner 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, ex. cept by opinion, may be shown by witnesses familiar with them and capable of forming opinions, 438. Also, that the assailant was a powerful man of danger

ous 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 bo met by evidence of an act of violence against another

at a different time and place, 139, Law does not presume that the more proximity of third persons determines that there is not extreme danger in a violent attack, 439.

Where it was proved in a criminal case that the bailif 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 delibera. ting 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 defend.

ant 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, andavit may be

amended; distinction beiween indiclinents and infor: mations as to amendments, 116, Where a clerk has omitted to sign and seal jurat to affi

avit 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 satis

faction 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 ver.

dict, 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

bo put again on trial, 214. When accused has counsel, it will be presumed that ir

regularities 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: eumcient that it appears Jury

were duly sworn, 213. It must appear on the record that the per-on tried for

felony was personally present during the trial, 213. No objection to witness for the prosecution that his namo

does not appear at foot of indictinent, or that he had not been suin moned, 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 or. ally and publically stated by the foreman in opan

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 cogniza. able 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 orime. 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 ils jurisdictiou to indict and try persons who are guilty under the ordinance for a violation of the stale 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 nurder 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, 410. 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 commit. ted 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 slate line and mortal.

ly 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 compensa. tion for seeds, acts of husbandry, tillages, etc., unrea.

sonable 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 LAW8; 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 dis.

cussed 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, so. 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, ineans so many days after service, 298. DECLARATION.



(See, also, MORTGAGES; VENDOR AND PURCHASER.) Variance between habendum and premises, 59.

Acknowledgment of deed can not be impeached by in.

corroberated testimony of grantor, 193. Covenant against incumbrances a present engagement

that grantor has an unincumbered title, and not a cor.

enant of indemnity, 201. Covenants as to title do not cover patent defects, 256. Where a grantee assumes payınent 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 intend.

ed to be benefited. Whiting v. Gearty, 307. Effect of delivery of deed, 336. Where a deed absolute on its face is execated, and at the

same time the grantec executes to the grantor a defea. sance, if, subsequently, upon a new and valid consid. eration 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 or 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, 156. DECLARATION.








(See CORPORATIONS.] DIVORCE. Wife's domicil is that of her husband, and her remedy

for matrimonial wrongs must be sought there, there. fore wife of man not domiciled in England cannot maintain suit for restitution of conjugal rights if hus. band 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 CAUSE8.] 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 celebra.

ted elsewhere. Kinney v. Com., 330. DONATIO CAUSA MORTIS. Deposit in savings bank may be subject of, when, 259. 0, 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 at. tend to it mysell. (Signed) 0." and delivered it to B. Held, not a valid donatio causa mortis. Hassell y. Bas.

ket, 308. DOWER.


Recovery of money paid under, 375,

The law as to ancient lights in Kentucky, 6).
Grant of right of way; construction of, 101.
What is an easement, 192.
Water right appartenant 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 re

covery by heir, 157. Adverse possession; when suit must be brought after re

moval of disabilities, 276. Proper remedy for pre-termitted heirs to recover shares

of ancestor's estate; claim for improvements by ad.

verse 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 pot enure to benefit of owner though company a trespasser, 182. Appropriation of easement in land by municipal corpor

ation, 398. In action to recover compensation for land appropriated

by a municipal corporation to public use, same rule applies for assessing compensation as where assessment is made by a jury in special proceeding, under the same



[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 pro.

claimed 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 inno

cent 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 lad

ing, to deny receipt of goods, 197. In suit by creditor against stockholder to recover a debt

of the corporation, defendant estopped from de. nying his liability on ground that corporation was never

legally organized, 202. Estoppel by eonduct; article by C. M. D., 403. In suit on railway aid bonds issued by city, latter estop

ped to deny the corporate existence of company or va

fidity 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 EVI.

DENCE.) Burden of Proof. Where debtor testifies that he has paid note and destroy.

ed 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 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 rarol evidenee does not api 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 subse.

quent to the execution of the will, and shortly before his death, not admissible to show that he executed the will through duress, 198. 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

bu shown by parol, 379, Presumption. Of datı, of deed, 218. Of legality of officers' acts, 275. of death fron absence, 344. In action against carrier for loss of goods, no presump

tion of negligence, 418. Relevancy. In action for damages for shooting plaintiff, threats made by him against defendant twenty days before the shoot.

ixg, 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 in.

valid, 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 plaintif 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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