The rule in State v. Cowell discussed. By S. L. Terry,
Esq., 403.

Conviction of felony on testimony of insane witness, 299,
Construction of Missouri statute permitting defendant
to testify in' his own behalf, 334.

The examination of accused persons, 360.

Evidence of connection of prisoner with criminal or-
ganization, 395.

Confession not to be rejected because made in presence
of prosecutor, 416.

The legal definition of reasonable doubt; article from
Irish Law Times, 496.

History of the law as to admitting evidence touching
the disposition, motives and character of witnesses and
prisoners, 500.

CRIMINAL LAW AND PROCEDURE.

[See also, APPEALS AND APPELLATE PROCEDURE, and
the various special titles.]

Requisites of affidavit on application for continuance
16.

Waiver of preliminary examination in criminal case, 17.
Prisoner indicted for felony has no right to be personally
present at the hearing of a motion for a new trial, and
his absence will not invalidate a sentence subse-
quently passed upon him when present, 61.

"Curt" Pratt for "Curtis" Pratt, not a fatal variance,
78.

Discharge of jury in criminal case, 79.

"Due diligence" required of defendant on application
for continuance in criminal case, 96.

Missouri act authorizing the members of the bar, when an
application for change of venue is made, to elect a
"special judge," constitutional, 96.

Power of entering nolle prosequi belongs to the circuit
attorney and not to the court, 99.

What language of prosecuting attorney in addressing
the jary will be sufficient to set aside verdict, 99,
Jury may separate after retiring to consult on verdict,
if defendant consent, 136.

Effect of retrospective laws mitigating an offense, 141.
Autrefois acquit not good plea where first trial was stop-
ped on account of defect in indictment. 217.

The effect of a plea of autrefois convict in another state,
221.

Nolle prosequi no bar to subsequent prosecution, 395.
Burglary and larceny when committed together not a
"compound offense" within Iowa criminal code, 415.
Finding by one jury of "mitigating circumstances" does
not bind jury in subsequent trial, 422.

Consecutive trials for the same offense. Articles by Dr.
Francis Wharton, 443, 463,

Defendants having committed a robbery in Fayette
County while traveling to Shelby county as prisoners
in charge of an officer, and the property having
been recovered from them in the latter county; Held,
that they were lawfully indicted and tried in the latter
county. Margerum v. State, 464.

Conviction for burglary with intent to commit larceny
bars subsequent prosecution for same larceny, 478.
Proceedings in error improper in criminal trials (Kas)
437.

Costs in criminal proceedings (Kas.) 437.

CUSTOM.

Person dealing in particular market is taken to deal ac-
cording to the uniform and known usage of that mar-
ket; so if he employ agent, 254.

As to presentment of check as excusing drawer, 317.
DAMAGES.

[See also "CIVIL DAMAGE" LAWS; RAILROADS.]
Liability of owner of house used as bawdy house for
damages caused to adjoining owners by depreciation
of property. Givens y. Van Studdiford, 6.
Railway company occupying another's land without con-
sent or authority; measure of damages, 19.
Measure of, for wrongful dismissal of teacher by school
directors, 35.

Measure of damages for land taken; advantages accru-
ing to adjoining but separate tract belonging to the
same owner not an element of compensation, 56.
The doctrine of punitory damages criticised, 74.

DAMAGES-Continued.

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

Measure of, for breach of covenant of warranty, 175.
Measure of, in action for false representations, 175.
An instruction in an action for libel that in fixing the
amount of damages to be awarded as compensation to
plaintiff for the injury she has sustained "the wealth
and standing of defendant might properly be con-
sidered," is improper. Storey v. Early, 205."

For breach of contract of hiring, 294.

Measure of, in actions for obstructing light, 321.
Measure of, for failure to deliver shares of stock, 375.
Measure of, on breach of builder's contract to pay for
work on house at fixed value, 374.

In libel, counsel fees may be allowed as part of compen-
satory damages, 417.

Where an attorney is retained for a particular case and
does work, and is discharged without fault on his
part, the only measure of damages is the price agreed
to be paid, 478.

DAYS.

The legal status of the twenty-ninth of February, 301.
DECEIT.

[See FRAUDULENT REPRESENTATIONS.]

DECLARATION.

[See PLEADING AND PRACTICE.]
DECLARATIONS.

[See EVIDENCE; CRIMINAL EVIDENCE.]
DEEDS.

[See also MORTGAGES; TRUSTS AND TRUSTEES; VENDOR
AND PURCHASER.

Only grantor or his heirs can take advantage of a con-
dition subsequent in a deed, 17.

Entry on or claim to land must be made before com.
mencement of such action. Ibid.

When deed will be reformed in favor of volunteer, 117.
Description of property conveyed in deed, 155.
Acknowledgment of execution of deed; requisites of
certificate, 173.

Requisites to delivery of deed, 277.

Formal words unnecessary to constitute a covenant;
construction of term "covenant," 292.

Delivery of deed by placing in post-office, 377.

Date of acknowledgment as showing time of delivery,
418.

DEFENSES.

[See PLEADING AND PRACTICE.]
DEMURRER.

[See PLEADING AND PRACTICE.]

DEPOSITIONS.

[See PLEADING AND PRACTICE.]
DESCENT.

Under Wisconsin statute, 136.
DEVISE.

[See WILLS.]

DIRECTORS OF COMPANY.

[See AGENCY.]

DIVORCE.

Children can not set aside divorce of parents on ground
of collusion, 35.

Wife receiving alimony during pendency of suit; hus-
band not liable for necessaries furnish d wife during
such time, 40.

Judgment rendered by Utah court, not having jurisdic-
tion over parties, void, 158.

Wife may maintain action for alimony in Kansas with-
out a previous residence for a year in the state, 158.
Requisites of petition for alimony, 158.

After divorce wife cannot maintain action against hus-
band for assault committed by him upon her during

coverture, 301.

DIVORCE-Continued.

Wife cannot sustain suit on husband's domicil. Ibid.
Petition must aver jurisdictional facts. Ibid.
Husband sentenced to state prison, wife's right to divorce
complete, and he is not entitled to a divorce for her
subsequent adultery, 435.

Condonation may be inferred from cohabitation, 458.
Complaint must aver separation of parties, 458.

DOMICIL.

[See also REMOVAL OF CAUSES.]

As affecting contracts of marriage, 1.

Party may change, to diminish taxes; construction of
Massachusetts statute as to, 337.

DOWER.

Power given to assignee in insolvency by Ohio Statute
to convey real estate assigned does not enable him to
extinguish by sale, the inchoate right of dower of the
wife of the assignor, in the assigned property, 58.
The nature of the estate of dower; article by Hon. Wm.
Archer Cocke, 73.

Effect of ante nuptial agreement upon "widow's award"
in Illinois, 97.

In partnership property, 134.

Of the nature and properties of dower; article by E.
Douglas Armour, Esq., 143, 163.

Release of inchoate right of, a valid consideration for
conveyance of property to wife, 255.

Of election with regard to dower; articles by E. Douglas
Armour, Esq., 344, 365.

Though the right of dower be restricted by statute to
those lands of which the husband dies seized, still the
right accrues, as by common law, at the marriage;
hence wife may, during coverture, release by apt
words her dower interest in husband's lands, Atwater
v. Butler, 487.

General covenants in a deed, or words which do not
necessarily import a release of dower, will not be "on-
strued as such release, though the homestead might be
expressly waived in the same conveyance. McKinley
v. Kuntz, 487.

DRUNKENNESS.

When a good ground of defense in criminal case, 136.
Construction of Massachussetts statute as to, 138.

To enable party to set aside his contract must be exces-
sive and absolute, 294.

DURESS.

Threats by creditor that he will bring suit against party
does not constitute, 57.

What does not constitute, 194.

Right to avoid contract for, is personal, 336.
EASEMENTS.

Where one by a written instrument gave another a right,
to lay across his land a pipe to convey water from a
spring, by laying a pipe of a particular size, the latter
fixed the size and was not entitled thereafter to re-
place it by pipe of a larger size, 36.

Effect of an agreement as to an easement made by grant-
or in deed of trust after execution of deed, 38.
Extinguishment of; remedy, 256.

Right of way visible to vendee of land; restriction of, to
special use existing at time of purchase, 354.
ECCLESIASTICAL LAW.

Denominational connection; doctrinal belief; violation
of trust, 195.

ELECTIONS.

Power of senate in Ohio to try contested elections, 117.
EMBEZZLEMENT.

Wrongfully killing and selling animals feræ naturæ by
game keeper does not constitute, 195.

Where money is placed in the hands of of another for the
purpose of carrying on a joint enterprise, 457.
EMINENT DOMAIN.

Measure of damages for land taken; advantages accru-
ing to adjoining but separate tract belonging to the
same owner not an element of compensation, 56,
City taking property for street purposes after payment
to owner takes it discharged from lien of previous
judgments, 358.

ENTRIES.

[See EVIDENCE.]
EQUITY JURISDICTION.

[See JURISDICTION.]

EQUITY PRACTICE.

[See PLEADING AND PRACTICE.]

ESTOPPEL.

Acceptance of redemption money estops purchaser from
denying right of payer to redeem, 18.

Equity will 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
right of way granted by parol. Bloomstein v. Clees
Bros., 50.

In action against a constable to recover value of a piano
attached and sold by him on mesne process in a suit
against the plaintiff, constable not estopped by his
return in that suit, to prove that the former defendant
and present plaintiff had no property in the piano, 137.
Where a party gives a reason for his conduct touching
anything involved in a controversy, he can not, after
litigation has begun, change his ground, and put his
conduct upon another and different consideration.
Ohio & Miss. R. R. v. McCarty, 287.

Party by moving into house not precluded from defense
as to insufficiency of the work, 336.

Admissions made in ignorance of one's rights do not
constitute an, 499.

Experts.

A physician may be called to testify as an expert with-
out being paid for his testimony, as for a professional
opinion, and upon refusal to testify is punishable as
for a contempt. Ex parte Dement, 11.
Physicians and surgeons cannot be compelled to give
professional opinions, as experts, without receiving
extra pay for such services, beyond the ordinary wit-
ness fees; and upon refusal so to testify, they can not
be committed for contempt; whether this rule applies
to all classes of experts-quaere.
Buchman v. State,
231.

EVIDENCE-Continued

Evidence of, as to value of real estate, 277.
Opinion of witnesses not experts, as to dangerous char-
acter of turntable, inadmissible, 397.

Judgments and Decrees.

Records of a bankrupt court in the Northern District of
Illinois, authenticated in conformity with the provis-
ions of the bankrupt act, held admissible in an action
in the United States District Court in Maryland by the
assignee of a bankrupt corporation against a stock-
holder, for contribution to pay the debts of the com-
pany, 54.

Not essential that the record of a judgment should be
authenticated, as provided by the act of Congress,
passed in pursuance of the federal constitntion (art. 4,
§1), to render it admissible in the courts of the United
States, 54.

The district court of the United States, even out of the
state composing the district, is to be regarded as a
domestic and not a foreign court, and the records of
the court may be proved by the certificate of the
clerk with the seal of the court, without the certificate
of the judge, 54.

Incomplete record of divorce proceedings in Utah not
admissible in Kentucky, in prosecution for bigamy, to
prove that defendant had been divorced by a court of
competent jurisdiction, or believed so, 78.

Judicial Notice

Of the course of business in the country, 216.
Of new processes facilitating trade, 216.

Law of sister state must be pleaded and proved, 416.
Law and Fact.

In action against school directors by teacher for wrongful
dismissal, question of competency of teacher is for
jury, 35.

In replevin, where plea is that the property had been
levied on by sheriff at suit of creditor, who had alread
received other property equal in value to judgment
debt, issue is for the jury, 115.

Authority of agent, when a question for the jury, 236.
In Missouri, in actions for personal injuries, when the
evidence tends to prove negligence on the part of the
defendant, contributing to the damage, or when such
negligence is conceded, and there is also undisputed
evidence of negligence of the person injured or dam-
aged, it seems it is the duty of the court to determine,
as a matter of law, whether such negligence of the in-
jured or damaged person contributed to the injury.
Harlan v. St. L. K. C. & N. R. R.. 229.
Miscellaneous Rulings.

In an action for personal injury, where the extent of the
injury is in dispute, the defendant is entitled, on mo.
tion, to an order of court for the physical examination
of the plaintiff by physicians. Schroeder v. Ch., R. I.
& Pac. R. R., 47.

Written answer of bank, verified by the oath of the pres-
ident, not competent evidence in a proceeding supple
mentary to execution, to show that the bank has funds
of defendant on deposit, 97.

Proof of signature to contract, 118.
Evidence of statutes of another state, 155.

Where, to an action on a policy of life insurance, the de-
fence is that the property was willfully burned by the
insured, the rule in civil, and not in criminal cases, as
to the quantum of proof, applies, 241.

When opinion evidence admissible, 254.

Reports of another state competent evidence of law of
that state, 337.

Handwriting; testimony by comparison, 477.
Parol to vary writings.

In action by indorsee of note against indorser and payee,
evidence not admissible to show that payee signed in
a particular capacity, 276.

Except as between the parties, not competent to show by
parol that a recorded bill of sale of chattels, absolute
on its face, was a mortgage, 293.
Contemporaneous parol contract admissible, 438.
Parol evidence inadmissible to show that parties in-
tended that wooden castings should be included in the
term "tools" used in a fire policy, 499.
Presumption.

Purchaser who examined a house and lot before making
the purchase and who found an alley way open and in
use presumed to have notice of the reservation of the
alley way in the conveyance to his vendor. Burton v.
Shotwell, 31.

That person whose name appears on the stock book of a
corporation is the owner of the stock, 54.

From indorsement of note in blank by stranger before
delivery, that he is a maker or guarantor, 55.

From mere use of turnpike road, promise to pay is not
presumed, 77.

EVIDENCE-Continued,

As to contents of letter, 96.

That endorsements on note were made at time and place
of its execution, 416.

That the common law prevails in a sister state. 416.
Primary and Secondary.

Bound volumes of Kentucky statutes admissible to
prove incorporation of company, 18.
Privileged communications.

Communications which an attorney is precluded by
statute from disclosing, client cannot be compelled to
disclose against his objection of privilege, 79.
Attorney consulted in regard to suit on note but not em-
ployed, subsequently disclosed facts he had learned in
the consultation. Held, privileged and entitled to pro-
tection, 158.

Relevancy.

In action to recover damages for failure to cut and reap
plaintiff's grain according to contract, evidence of the
worth of wheat at county seat-the nearest market-is
relevant, 40.

P sued D for merchandise, claiming that the merchan.
dise was deliverable on the cars at R, the beginning of
the railroad route, while D claimed it was deliverable
at M, the end of the railroad route. D having received
and paid for three car loads denied having received any
more. Evidence that only six car loads, in all, had been
shipped to D from R to M during the time, and that
three of the six were shipped by a party other than P
is relevant, 118.

A and B, the plaintiffs, as executors, leased a farm by
parol either to N, the defendant, or to one Z. Z occu-
pied the farm during the term of the lease. A testi-
fied that a written agreement for the leasing of the
farm was signed by himself and Z; that he presented
the instrument to the defendant for his signature, but
the latter did not sign it; and that he retained the in-
strument, but was unable to find it. Evidence that the
instrument was a lease from A to Z; that it was signed
by A and Z; that there was a blank left in it for the sig
nature of a surety for the rent; that it was presented
to the defendant to sign as such surety, but he refused
to sign it; and that the defendant's name did not ap-
pear in the instrument, held, relevant, 137,

To prove that the misbehavior of a horse contributed
to an accident, evidence that such misbehavior was
habitual and proof of instances, relevant, 137.

Issue being whether plaintiffs sold goods to defendant
upon her sole credit, that plaintiff had brought and
discontinued a suit against defendant and husband
jointly relevant, 156.

In a suit to set aside a conveyance as fraudulent, files
of the circuit court in certain case showing that at the
time of the alleged fraudulent conveyance, suit had
been brought against the grantor for damages, rele-
vant, 295.

Witnesses.

The heirs, legatees and grantees who are declared com-
petent witnesses in Ohio code, § 313, are such as de-
rive title from the same person, 39.

Relationship and interest as affecting the credibility of, 60.
Exemption from arrest on civil process of witnesses be-
fore legislative committee, 58.

Witness called to impeach another may be himself im-
peached by showing inconsistent statements made by
him, 78,

Rule as to contradicting one's own witness, 136.
Where a witness has testified to the bad character of
another witness for truth and veracity, it is proper to
ask the impeaching witness whether he would believe
the witness whose character is attacked under oath,
293.

Convict a competent witness in civil cases, 296.

Competency of adverse party as a witness where he
claims as grantee of deceased person, 296,

Wife acting as agent of husband competent witness as
to acts done as such (Wis.), 359.

EXECUTIONS.

[See, also, OFFICES AND OFFICERS,]

Actual possession of standing corn by officer making levy
not essential, 158.

EXECUTION SALES.
[See JUDICIAL SALES.]

EXECUTORS AND ADMINISTRATORS.

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

Administrator can not recover claim barred against es-
tate, 17.

Claims against decedent estates; practice, 117.
When heirs of decendent may sue for debts, 318.

EXEMPTIONS.

[See HOMESTEADS AND EXEMPTIONS.]

EXPERTS.

[See EVIDENCE.]

EXPRESS COMPANY.

[See CARRIERS.]

EXTRADITION.

The tenth article of the extradition treaty of 1842, be-
tween the governments of Great Britain and the United
States, impliedly prohibits the trial of fugitives for
any other offense than that for which they have been
extradited. Com. v. Hawes, 350.

FALSE PRETENSES.

Indictment may charge a false pretense as to a future
occurrence, 16.

FALSE REPRESENTATIONS.

[See FRAUDULENT REPRESENTATIONS.]

FERRIES.

Jurisdiction of equity to protect, 139.

FIRE INSURANCE.

Parol waiver by agent of condition in policy before
breach, 19.

Right of mortgagee to sue on policy, 19.
Condition in policy; loss caused by petroleum, 54.
Certain property was destroyed by a fire, which was
started to carry out the order of a military commander
to destroy certain stores. The flames spread, and were
communicated through two or three intervening build
ings. Held, that the loss was caused by an "invasion,
insurrection, riot or civil commotion, or of any military
or usurped power" within the meaning of the policy,
Construction of clause in policy rendering it void if prop-
erty be sold or transferred, or change take place in
title, 134.

77.

Waiver by company of condition as to occupancy of
building on account of knowledge of agent, 137.
Requiring proof of loss after knowledge of breach of
conditions a waiver of the breach, 137.
Conditions in policy; construction of words "entire, un-
conditional and sole ownership," 194.

Where defense to action on policy is that the property
was willfully burned by the insurer, the rule in civil,
and not in criminal cases, as to the quantum of proof
applies, 241.

Where there is a provision in a policy of insurance against
fire: "Where the property herein insured, or any part
thereof shall be alienated, or in case of any transfer or
change of title to the same or any part thereof or any in-
terest therein without the consent of the company in-
dorsed thereon, etc., etc., this policy shall cease to be
binding on the company,' " and the insured mortgaged
the property without the consent of the company in-
dorsed on the policy, he can not recover in case of loss.
Sossamon v. Pamlico Ins. Co., 267.

Mortgage; condition to insure; right of mortgagee under
policy taken by mortgagor. Stearns v. Quincy Ins. Co.,
306.
Construction of contradictory provisions in policy, 316.
Wisconsin statute, providing that the amount of insur-
ance written in the policy "shall be taken and deemed
to be the true value of the property at the time of such
loss, and the amount of loss sustained," and the meas-
ure of damages; in an action upon a policy issued
since the statute took effect, the amount of insurance
written in the policy is conclusive as to the amount for
which the insurer is liable by reason of the loss, even
where there is a stipulation that damages shall be as-
sessed according to the market value of the property.
Reilly v. Franklin Ins. Co., 326; or that loss shall be
settled by arbitration, 395.

Delivery of policy before premium paid; false statement
of ownership; insurable interest and waiver, 377.
Representation in policy that property was unincum.
bered not affected by dower interest of wife, 378.
Estoppel of company by acts of agents and representa-
tions, 414.

Phrase in a policy, "whenever a building insured shall
become unoccupied," does not mean that the absence
of occupants of some of the apartments of a tenement-
house, while other apartments are occupied, shall ren-
der the building an unoccupied building. Harrington
v. Fitchburg, Mut. Fire Ins. Co., 447.
Excessive valuation made in good faith does not avoid
policy. Ibid.

Where loss payable to mortgagee, owner has no author-
ity to adjust loss. Ibid.

Where the wife insures property conveyed to her by her
husband in fraud of creditors, and it is burnt, the in-
surance money belongs to her, and is not liable to the
creditors of her husband. Bernheim v. Beer, 485.

[See MORTGAGE.]

FOREIGN JUDGMENT.

[See PRIVATE INTERNATIONAL LAW.]
FORGERY.

Averment in indictment that forged instrument was a
note made by Absom Turner and James C. Orr, etc., for
sixty dollars, sixty days after date, etc., is not sustained
by proof of a note signed "Absom Turner, J. C. Orr,"
for $60," with ten per cent. interest," etc., 96.
Letter of introduction directed to "any railroad superin-
tendent," bespeaking courtesies toward the bearer, not
a subject of, 99.

Fictitious decree of a court of another state, got up with
intent to deceive, not the subject of forgery under
Illinois statute. Brown v. The People, 105.
Instrument to be the subject of forgery must show on its
face that, if genuine, it would injure some one, 282.
FRAUD.

Where a defendant is brought within the jurisdiction of
the court by a trick, service of process will be set aside.
Moynahan v. Wilson, 28.

Where power of attorney to confess judgment is exe-
cuted by illiterate person, through fraud of party, court
will set aside judgment, 196.

Payment made by father to son for former services not
fraudulent as against creditors, 461.

FRAUDULENT REPRESENTATIONS.

Honest statements of opinion, however erroneous, as
to the solvency or reliability of another, not, 75.

A person who sends animals to a public market, knowing
that they are infected with a contagious disease, does
not impliedly represent that they are not, so far as he
knows, infected with a contagious disease, and is not
liable in an action for false representations at the suit
of a person who has purchased such animals, and con-
sequently suffered loss. Ward v. Hobbs, 107.
Written misrepresentations do not exclude oral ones,

155.

Action for deceit will not lie for representations of solv.
ency made in an honest belief of their truth, 195.
Representations which are mere expressions of opinion,
can not support an action, 298.

As to solvency of another, must be made with knowledge
of their untruth, 376.

FRAUDULENT SALES AND CONVEYANCES.

Effect of, upon the right of homestead. Editorial ar-
ticles, 83, 103; letter from Dorrance Dibbell, Esq., 178.
Party having knowledge of facts sufficient to put prudent
man on inquiry, and neglecting to inquire, not a bona
fide purchaser, 396.

Conveyance set aside on ground of undue influence and
misrepresentation, 397.

Where an insolvent debtor purchases property with his
own means, and places the title in the name of his
wife, equity considers her a trustee in invitum, and will
fasten a charge upon the property for the payment of
his debts. Bernheim v. Beers, 485.

The creditors have no claim upon the rents and profits
of the property conveyed to the wife. Ibid.

If the property has been sold by the wife, chancery will
lay hold of the proceeds for the benefit of his creditors,
Ibid.

GAMING.

Betting upon the result of an election is not, 99.
Indictment for, under Ohio statute, good without stat-
ing the names of the persons with whom defendant
played, 118.

GARNISHMENT,

Does the Illinois statute in regard to exemptions, in
force July 1, 1877, repeal section 14 of the garnishment
act? Query 439; answer, 479.

GIFT.

Of check not complete until paid or accepted, 278.
GOVERNOR.

[See also PARDONS.]

GOVERNOR-Continued.

Of Pennsylvania not answerable to the courts for the
manner in which he discharges the discretionary du-
ties confided to him; his subordinates and agents an-
swerable only to himself, 82.

GUARANTY.

[See also MUNICIPAL BONDS; SURETIES].
Where holder of paper has given credit to third party upon
the recomendation of the cashier of a bank, and debtor
is ready at maturity to pay it, but the holder instructs
the cashier to give him further time which he accepts,
the cashier, though he had rendered himself liable by
his recommendation is thereby discharged, 75.
Construction of guaranty for future purchases, 114.
A letter addressed to a lumber merchant in the follow-
ing language: "Please send my son the lumber he
asks for, and it will be all right," is a guaranty that the
lumber sold and delivered to the son, at the time of its
presentation, will be paid for. But such guaranty is
not continuing, so as to make guarantor liable for lum.
ber subsequently purchased by the son from the same
merchant, 118.

Party whose name appears on the back of a certificate of
deposit held as a guarantor, 135.

"Mr. D, please let Mr. Seth and family have whatever
they may want for their support and I will repay you
the same." Held, that D could not recover upon the
authority of the letter for services and medicíne fur-
nished by a physician employed by him, 138.
How assignable, when incident of note, 477.
GUARDIAN AND WARD.

Statute conferring power to sell real estate of ward upon
one not the statutory guardian, unconstitutional. Lin-
coln v, Alexander, with note by A. C. Freeman, Esq. 10.
A statutory guardian has a power coupled with an inter-
est and not a bare authority, 10.

Guardian's bond not an "instrument for the payment of
money" within Wisconsin statute, 476.

HABEAS CORPUS.

Jurisdiction of Probate Courts in Missouri to issue writs
of, 101.

A defendant upon whom process has been properly
served, and who has been defaulted and arrested on a
valid execution, cannot be allowed to show, at the
hearing on a writ of habeas corpus, that he is not the
true defendant whose name he bears. Re Gorman, 365.
Duty of governor to surrender fugitive, 377.
HIGHWAYS.

Limit of damages for raising or lowering, 156.

Indian under disability cannot dedicate land for high-
way, 157.

Mistake as to location; right of adjoining landowner,
376.

HOMESTEADS AND EXEMPTIONS.

Effect of fraudulent conveyances upon the right of home.
stead. Editorial articles, 83, 103. Letter from Dorrance
Dibbell, Esq., 178.

Void deed of homestead may be ratified by wife, when,
113.

Merchandise purchased by merchant for speculation not
exempt under Kansas law, 119.

Watches and jewelry manufactured by watchmaker
exempt under Kansas law as stock-in-trade, 119.
Homestead may be owned and occupied by husband and
wife as tenants in common, 155.

Exemption not allowed on judgment for tort; right of
appraisement in such case, 175.

In Colorado, right of homestead is acquired by writing
upon the margin of the record of the deed conveying
the land to the claimant the word "Homestead." Un-
til that is done no right of homestead exists. Wells v.
Caywood, 268.

Abandonment of homestead, construction of Ohio act,
278, 317.

Married woman living with child and abandoned by hus-
band, a "head of a family" within Missouri exemption
law, 357.

The product of or increase of exempt property is not
necessarily exempt, 362.

Waiver of right to select property as exempt from execu-
tion. Wright v. Deyoe, 386.

North Carolina exemption law unconstitutional. Ed-
wards v. Kearzy, 391.

Building used as photograph_gallery not exempt as
"tools of a mechanic" under Iowa code, 415.

As to engrafting exceptions on statutes of exemption.
Letter from D. S. Ordway, Esq., 475.

HOMICIDE-Continued.

In a quarrel in a saloon between W. and L., the former
drew a pistol and threatened to kill L., but was re-
strained by a bystander. Afterwards the altercation
was continued, when W. struck L. a slight blow on the
cheek. L. reached below the counter, seized a soda
water bottle, and was in the act of throwing it at W.,
when W., who had drawn two pistols, holding one in
each hand, shot L. with the pistol he held in his left
hand, being prevented from using that in his right
hand by a bystander. Held, that W. was properly con-
victed of murder in the first degree. State v. Wieners,
70.

Murder and manslaughter at common law defined and
distinguished, 70.

Murder in the second degree is the unlawful killing of a
human being with malice aforethought, but without de-
liberation, 70.

The Degrees of Murder-A Review of the Wieners' Case.
By Hon. J. H. Shanklin, 92.

Right of self defense does not give right to attack, nor
right to provoke a difficulty, 115.

Killing in combat begun by mutual consent, murder, 115.
When on indictment for murder in first degree, defend-
ant is convicted of murder in second, court will not
reverse on account of improper instructions as to mur-
der in the first degree, 134.

Self-defense; impression made on bystanders, 176.
Self-defense; threats; instructions, 177.

When prisoner looked through a crack in his house and
saw deceased with his arms around his wife's neck, and
running round to the door met him and killed him,
though killing not done in "the very act," yet prisoner
is only guilty of manslaughter, 177.

The death penalty in the United States, 180.

The Relation of Manslaughter to Murder; article by
Hon. H. S. Kelly, 183.

Criticism of this article by Hon. J. H. Shanklin, 218.
The Degrees of Murder; articles by Hon. J. H. Shanklin,
222, 242. 263.

If one attempting to commit suicide kills another, though
not intending his death, the act is criminal homicide,
and, at the least, manslaughter. Com. v. Mink, 488.
HUSBAND AND WIFE.

[See, also, DIVORCE; MARRIAGE.]

"Things in action" not included in the personal property
owned by a woman at the time of her marriage which,
under Wisconsin statute, continues to be her sole and
separate property after marriage, 18.

Married women may maintain replevin for property pur-
chased by her from her husband, 17.

Wife having no children by her last husband entitled to
one-third only of his personal estate, if he left children
by a former marriage (Ky.), 66.

Power of married woman, in Iowa, to make contracts, 113.
Estate by the curtesy; rights of husband; abandonment,

156.

Deed of land to husband and wife jointly with remainder
to survivor; on death of husband the entire property
vests in the wife, though she has previously obtained a
divorce from her husband, 198.

He who deals with a married woman through the agency
of her husband must show affirmatively, when he sues
her upon the contract, (1) that the act was within the
power delegated; and, (2) that it was in a transaction
and for a consideration in respect of which coverture
did not disable her. In the absence of evidence that,
with her knowledge, the husband had ever before as-
sumed to act beyond the scope of the express power,
the scope of his authority must be determined by the
instrument conferring it. Nash v. Mitchell, with note
by John F. Baker, Esq., 167.

A power of attorney given by a married woman "to make
sign and indorse, and accept all checks, notes, drafts,
and bills of exchange for her and in her name," is
necessarily limited to transactions which, under the
statute, she has power to perform. It does not author-
ize drawing a post-dated check, even for the benefit of
the separate estate. Ibid.

The management of her landed property and its income
by a married woman is not a separate business within
the statute. The power to carry on business conferred
by the statute has relation to business pursuits, me-
chanical, manufacturing or commercial. Ibid.

One suing a married woman must prove every material
fact; not only the contract, and that it was made by
her or her authorized agent, but that it was a contract
she was capable of making. Ibid.

The common law disabilities of a married women are
general, and the statute capabilities are exceptional;
and he who asserts the validity of her contract must
give evidence to bring it within some exception. Ibid