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LAW BOOKS--Continued.

Review of Miscellaneous Books,

Official Report of the Universal Congress

of Lawyers and Jurists, 74.
Corporation Laws of Arizona, 227.
Noyes' American Railroad Rates, 228.
Parsons' Heart of the Railroad Problem,
469.

Reviews of Reports,

Street Railway Reports, Vol. 3, 407.
Reviews of Statutes,

Compiled Statutes of the United States,
248.

Federal Statutes Annotated, Vol. 9, 349.
Reviews of Text Books,

Cooley's Briefs on Insurance, 14.
Clark & Skyles on Agency, 34.

Clementson on Special Verdicts, 94.
Long on Domestic Relations, 94.

Webb on Elevators, 94.

Abbott on Brief Making, 114.
Warvelle on Ejectment, 134.

Ware's Roman Water Law, 154.
Ward's Pollock on Contracts, 154.
Demarest's Hints for Forensic Practice,
190.

Howes on Income and Principal, 190.
White on Personal Injuries in Mines, 208.
Scott on Quasi-contracts, 247.
McQuillin on Instructions to Juries, 268.
Abbott on Municipal Corporations, 287.
Encyclopedia of Evidence, Vol. 7, 309.
Elliott on Evidence, Vols. 3 and 4, 327.
Gray's Rule Against Perpetuities, 367.
Cyclopedia of Law and Procedure, Vol. 19,

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MANDAMUS,

compelling a trial court by mandamus to
authenticate copies of indictments, the
originals of which have been lost or
stolen from the files, 81, 154.

MASTER AND SERVANT,

discharge of servant for disobedience of
master's orders, 62.

liability of lessor of railroad for lessee's
negligence resulting in injury to latter's
employee, 181, 267.

liability of master for injury to servant
where latter belongs to labor union which
controls the selection of servants, 373.
the right of an injured employee to en-
force collection of a judgment for dam-
ages for personal injuries against an in-
solvent employer in an action against an
insurance company which has insured the
employer against claims of this character
under what is known as employer's lia-
bility insurance, 417.

MAXIMS,

application of maxim de minimis non curat
lex to suits in behalf of public by citizen
whose interest is very small, 101.

MINES AND MINING,

construction of oil lease as to failure to
construct well, 284.

MISTAKE,

the bearing of custom upon the question of
what is "mistake of law" and what is
"mistake of fact," 360.

MORTGAGES,

re-issuance of debentures, 308.
MUNICIPAL CORPORATIONS,

liability of municipality for improper con-
struction of sewers and drains, 29, 33.
liability of municipal corporation for fail-
ure to repair defect in sewage system,
29. 33.

municipal ordinances and contracts for the
removal and disposition of garbage, in-
volving their reasonableness, restraint of
trade and monopoly, and interference with
property and personal rights, 64.
liability for municipal negligence causing
injury to intoxicated pedestrian, 82.
construction and constitutionality of muni-
cipal benefit and pension funds, 85.
Chicago traction cases, 235.
injunction as a remedy to restrain passage
test validity and prevent enforcement and
violation of municipal ordinances, 257.
validity of municipal ordinances regulat-
ing the inspection and sale of milk and
cream, 439.
NATURALIZATION,
See Aliens.
NEGLIGENCE,

injury to child playing on street and sud-
denly stepping on track, 23.

the legal effect of the use of the terms
"willful, abandoned, reckless, and wanton
neglect," 33, 73.

liability for municipal negligence causing
injury to intoxicated pedestrian, 82.
the chaotic condition of the opinions of the
courts relative to the question as to the
degree of negligence, 141.

contributory negligence where wanton and
reckless killing is charged, 236.

damage from back water caused by insuf-
ficiency of culvert built by railroad com-
pany, 237.

pleading custom in an action for negligence
of workmen constructing telephone line,
353.

a new form of negligence, 286.

care required at bathing resorts to protect
patrons from deep water, 404, 406.
railroad company not bound to use safest
appliances absolutely, 425.

negligence and the act of God, 428.

liability of lessee of sign board for defec-
tive condition, 455.

necessity of pleading the degrees of negli-
gence. 455.

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PARTITION,
whether husband or wife can leave the
other and compel partition of homestead,
83.

PARTNERSHIP,

the right of surviving partner to sell real
estate which belonged to the firm, 319.
PATENTS,

the monopoly of patents, 113.
PENSIONS,

construction and constitutionality of muni-
cipal benefit and pension funds, 85.
PHYSICIANS AND SURGEONS,

illegal contracts for medical services, 164.
application of maxim de minimis non curat
lex to suits in behalf of public by citizen
whose interest is very small, 101.
pleading custom in an action for negligence
of workmen in constructing telephone
line, 253.

right of defendant to plead equitable own-
ership of thing in litigation to be in an-
other, 438.

necessity pleading the degrees of negli-
gence, 455.

PLEDGES,

validity of pledges of stock without written
transfer, 70.

validity of pledges of shares of stock as
against third person, 72.

POLICE POWER,

restriction of personal liberty under cover
of the police power, 309.

validity of municipal ordinances regulating
the inspection and sale of milk and cream,
439.

PORTO RICO,

United States courts in Porto Rico must ad-
minister civil and not common law wher-
ever the former provides a remedy, 357.
POWERS,

enlargement of a life estate by accompany-
ing power of disposition, 25.
PRINCIPAL AND AGENT,

liability of life insurance company for
act of agent in rebating premiums on life
insurance policies. 123.

liability of principal for mistake of agent,
323.

can the authorized act of an agent be rat-
ified by the principal after the third party
has receded from the contract, 338.
implied powers of special agents, 375.
PRINCIPAL AND SURETY,

liability of sureties on official bonds for
acts outside of principal's line of duty,
467.

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RAILROADS,

are notes or other unexecuted obligations
given to a railroad company to induce a
location of station at a given point, void
as against public policy, 164.
rairoad commissions, state and federal, 199.
liabilities of lessor of railroad for lessee's
negligence resulting in injury to latter's
employee, 181, 267.

prohibition of the railroad ticket brokerage
business, 294.

railroad company not bound to use safest
appliances absolutely, 425.

duty of railroads to use safe appliances to
prevent fires, 427.

state regulation of railroad ratęs and
charges, 458.

REAL PROPERTY,

enlargement of a life estate by accompany-
ing power of disposition, 25.

REWARD,

are a knowledge of an offer and intent to
accept essential to the recovery of a
reward offered, 105.

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when Sunday is not dies non, 153.
TRESPASS,

measure of damages in trespass where there
is no injury, 486.

TRIAL AND PROCEDURE,

compelling a trial court by mandamus to
authenticate copies of indictments, the
originals of which have been lost or
stolen from the files, 81, 154.

the interruption of counsel by judges, 469.
TROVER,

trover for converted money, 389.
TRUSTS AND TRUSTEES,

words "put in trust" held sufficient to create
a trust, 257.

right of a special depositor to a priority,
447.

trusts upon personal confidence 468.
right of attorney to withhold property given
to him by his client to avoid creditors,

477.

UNLAWFUL SEARCHES AND SEIZURES,
see Searches and Seizures.
WATERS,

damage from back water caused by insuf-
ficiency of culvert built by railroad com-
pany, 237.

denial of the right of Missouri to restrain
the state of Illinois from dumping the
City
sewerage of the
of Chicago into
Chicago canal and thence into the Mis-
sissippi river, 326.

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SUBJECT-INDEX

TO ALL THE "DIGESTS OF CURRENT OPINIONS" IN VOL. 62.

This subject-index contains a reference under its appropriate head to every digest of current opin-
ions which has appeared in the volume. The references, of course, are to the pages upon which the
digest may be found. There are no cross-references, but each digest is indexed herein under that
head, for which it would most naturally occur to a searcher to look. It will be understood that the
page to which reference, by number, is made, may contain more than one case on the subject under
examination, and therefore the entire page in each instance will necessarily have to be scanned in
order to make effective and thorough search.

Abandonment, adverse possession, 288.
Abatement and Revival, action for hindering

plaintiff's business, 173; action for personal
injuries, 270; action pending, 155; death of
defendant, 75; death of party, 350; defective
service, 173; failure to revive, 488; fiscal
court, 229; issue of alias summons, 350;
non-resident defendant, 350; pleading, 95;
sale of land pending litigation, 488; special
assessment proceedings, 390; time for re-
vival, 15.

Abduction, prostitution of infant, 350.
Absentees' Jurisdiction, seizure of property, 15.
Accident, death by inhaling gas, 173.
Accident Insurance, payment of premium by or-
der of employee, 75,; proofs of loss, 250, 390;
proximate cause of death, 115.

Accord and Satisfaction, acceptance under pro-
test, 288; fire insurance, 75; performance,

430.

Account, amendment as to parties, 191; praper of
decree, 55.

Account, Action on, state of demand, 173; vari-
ance between verification and account, 173;
what constitute proper charges, 55.
Account Stated, giving of note, 488.
Acknowledgment, irregularities, 288; suffici-
ency, 488.

Action, contract or tort, 288; ejectment, 270;
joinder of cause. 310, 471; joinder of new
party by amendment. 229; misjoinder of
causes, 15. 310; money received by agent,
155; proceedings stayed pending accounting,
310; reassignment after suit brought, 229;
wrongful repledge by pledgee, 270.
Adjoining Landowners, abandonment of grade
crossings, 95; negligent excavations, 173;
use of premises. 430.

Adoption, inheritance by adopted children, 310.
Adultery, complaint by divorced husband, 173;
parties defendant, 30.

Adverse Possession. acquisition of title, 75;

boundary line, 408; character of enclosure,
448; character of possession, 135; color of
title, 95, 350; deed to establish color of title,
55; different possession, 95 entry and occu-
pation, 115; evidence, 430; exclusive posses-
sion, 135; hostile possession, 488; interrup-
tion, 350; interruption of possession, 448;
lands outside of purchase boundary, 35;
parol gift, 55; partial occupancy. 488; pay-
ment of taxes, 430; possession by widow,
209; possession of purchaser. 471; presump-
tion of grant, 350; public land, 430; quieting
title; security deed, 75: settlers on pub-
lands. 75; tacking successive possessions,
115; title acquired, 95; unincoroprated reli-
gious society, 15; variance between signature
and acknowledgment. 430.

Affidavit, contempt proceedings, 209.
Agriculture, cropping contract. 310; parol peti-
tion of land, 135; safety of patrons at fair,
430.

Aliens, admission to citizenship, 135; transmis-
sion of title, 55.
Alteration of Instruments, authority to All
blanks, 191; immaterial erasures, 115; ma-
teriality, 430; materiality of alteration, 350;
right to correct, 328.
Animals, estrays. 270; fence law, 367; knowledge
of viciousness. 390; liability for injury by
dog, 350; negligence of owner, 390; unfenced
highways, 156; vicious dogs, 310.

Appeal and Error, abandonment, 248; absence of
findings, 115; abstract of record, 173 action
on surviving partner's bond, 390; admissions
by counsel, 408; admission of improper evi-
dence, 390; amended abstract, 430; amend-
ing record, 270; amendment regarded as
made, 270; ancient deed, 75; appeal bond.
288; appealability, 191; argument of district
attorney in criminal case, 35; assignment of
error, 135, 270, 288, 310, 328, 471; award in
proceedings to condemn land, 95; bill of ex-
ceptions, 153, 135, 173, 191, 367, 430; bur-
den of showing error, 430; certificate as to
statement of facts, 55; certifying judgment,
156; certiorari, 448; change of theory, 209;
compensation of guardian ad litem, 390;
compliance with judgment, 350; conclusive-
ness of appellate court judgment, 115; con-
flict in abstract, 270; constitutional question,
173; continuance on account of missing wit-
ness. 173; costs on dismissal of appeal, 173;
court's departure from rule, 448; cross-ex-
amination, 115; death of one co-party pend-
ing appeal, 135; decisions reviewable, 350,
367; dedication deed, 156; defaulting parties
on appeal, 367; defects in pleading, 135; de-
murrer to replication. 95; discretion of
court, 115, 135; discretionary action, 430; dis
cretion of court in granting new trial, 270;
dismissal, 310, 430, 448; dismissal, for want
of services, 209; distinct judgments, 488;
duty to point out errors, 408; election by
husband under will, 430; entitling cause,
390; entry of a judgment nunc pro tunc,
448; errors reviewable, 35; estoppel to al-
lege error, 270; estoppel to allege error in
instruction. 191; evidence as to mental in-
capacity, 55; evidence to support verdict,
488; exceptions, 75; exceptions to auditor's
report, 191; exceptions to findings, 75; ex-
ercise of discretion in granting continuance,
310; exhibits. 488; exclusion of evidence.
350; exclusion of proffered evidence, 310;
extraordinary costs, 191; facts not shown by
record. 408; failure to argue certain excep-
tions. 75; failure to determine issues. 156;
failure to object to improper question, 35;
failure to urge assignment. 488; final decree.
229, 248; final judgment. 368; final orders.
390; finality of judgment, 408; findings of
chancellor. 173; findings of fact, 156, 270,
310; findings subsequent to decree, 270; for-
mer adjudication, 248; general exceptions,

367; harmless error, 55, 95, 229, 310, 408,
430, 488; inconsistent instructions, 390; issu-
ance of letters of administration, 55; in-
structions as to defective appliances, 173;
instructions in bastardy proceedings, 350;
interlocutory judgment, 95; intoxicating li-
quors, 191; joinder of parties in mandamus
proceedings, 173; judgment appealable, 240;
jurisdiction of supreme court, 248; juror's
affidavit to impeach verdict, 55; justice of
peace record, 173; law of the case, 328, 350;
leading questions, 448; matters not apparent
of record, 270; matters reviewable, 351; mis-
leading instructions, 75; motion for new
trial, 488; motion to dismiss, 209; necessity
of exceptions, 56; necessity of objections in
lower court, 328; negligence, 488; new trial,
76; nominal damages, 156, 471; non-suit, 156;
notice of appeal, 270; obstruction in road,
135; opening default judgment, 95; order of
argument, 56; order of proof, 76; ore sam-
ples as exhibits before supreme court, 35;
overdue note, 390; ownership in action for
damages to shipment, 270; parties, 173;
parties, 430; parties entitled to appeal, 351;
parties interested, 35; personal injuries, 191;
persons entitled to review, 191; petition to
vacate judgment of supreme court, 248;
picture in rogue's gallery, 191; pleading, 115,
390; powers of lower court after remand,
488; power of supreme court to grant re-
hearing, 390; prejudice of judge, 288; pre-
sumption, 367; presumption as to proof of
will, 408; proceedings after remand, 351;
proceedings not in record, 328; questions of
cost, 248; question of fact, 310; questions
not raised at trial, 328, 367, 488; questions
presented, 328; questions reviewable, 35;
questions reviewable, 115; questions review-
able, 135; record, 15, 248. 408; reference to
evidence in record, 310; reformation of con-
tract, 408; refusal of non-suit, 56; refusal
to check baggage, 488; remittitur, 191; re-
port of referee, 229; report of trial, 367;
reservation of error, below, 430; reservation
of evidence, 35; reversal of non-suit, 95;
review, 115; review of facts. 431; right of ap-
peal, 15; review of order, 270; rules of court,
35; rulings as law of case, 288; ruling on
demurrer, 368, 448; scope of review,135; self-
invited error, 191; separable judgment, 174;
setting aside verdict. 35; signing and filing
bill of exceptions. 209; statement of facts,
191; stipulations, 191; stipulation to dismiss.
288; sufficiency of complaint, 56; sufficiency of
record, 209; supersedeas, 56: supersedeas
bond, 156: theory and grounds of decision
of lower court, 351; theory of the case, 408;
time for taking writ of error. 56; trial de
novo. 15, 115; vacating supreme court decree,
56; waiver of error. 351;, trial, where a defend-
ant fails to answer. 229; waiver of grounds
for review, 310; waiving notice of appeal,
36; weight of evidence, 76, 174; wife's sepa-
rate acknowledgement. 95; will contest, 135;
will contest at law. 448.

Appearance, jurisdiction, 408; objection to juris-
diction, 270; record, 248; what constitutes,
288.

Arbitration and Award, effect pending action.
270; exceptions by persons not parties, 229;
fire insurance, 156; unauthorized rejection
of deposition, 408.

Arrest, bankruptcy. 209; fraud, 368; motion to
quash capias, 229; right of magistrate to ar-
rest without warrant. 36.

Arson, threats as evidence, 191.
Assault and battery, carrier ejecting passenger.

156; indecent assault. 390; instructions, 471.
Assignments, assignee's accounting, 135; deposi-
tor's right of action to recover deposit, 156;
interest acquired, 156; interest in contract,
270; necessity of notice, 116; order and ac-
ceptance. 431: priorities. 191.
Assignment for Benefit of Creditors, administra-
tion of estate transferred. 431; conditional
sale, 431; deed of trust. 448; failure to ac-
count, 488; setting aside final settlement,
449.
Assistance. Writ of, attorney's lien, 351; scope
of writ, 368.
Attachment, defenses, 390; enforcement of judg-

ment, 95; execution. 191; heir's interest in
land, 191; interpleader. 135; liability of auc-
tioneer's bond, 174; liability of plaintiff, 76;

15.

174.

motion to vacate, 156; redelivery of bond
Attorney and Client, action for services, 270;
authority of infant's attorney, 270; compen-
sation, 15, 471 construction of retainer con-
tract, 390; contract for contingent, 488; ef-
fect of pending disbarment proceedings, 56;
implied agreement to pay for services, 229;
lien of attorney, 209; reasonableness of fee,
328; right to discharge attorney, 95; right
to fees, 174; liability of auctioneer's bond,
Bail, appeal, 449; excessive amount, 270; habeas
corpus proceedings, 36; involuntary deposit,
288; powers of clerk of court. 209; presump-
tion as to validity, 209; validity of bail
bond, 209.
Bailment, burden of proving cause of horse's
death, 76; fiduciary relation, 192; implied
warranty in letting tents, 288; loss of arti-
cles checked at cloak room, 76; lost of watch
while trying on new vest. 288; right of
bailee to sue for loss of baggage, 36.
Bankruptcy, action by trustee. 270; ad-
verse claim of property, 95; adjudica-
tion based on informal petition, 431;
appointment of receiver, 56; attorney's fees,
56; authority to collect assets. 229; bonds
of corporations. 135; buildings on leased
ground, 15; chattel mortgages, 288, 480;
chattel mortgages on acquired property, 488;
commissions of referee, 449; conveyance in
fraud of cerditors, 288; debts entitle to pri-
ority. 310; debts not scheduled, 390; dis-
charge. 15, 310; duty of trustee to pay taxes,
116; effect of bankrupt's death, 192; effect
of discharge, 135; 351; equitable interest,
76; exemptions, 351, 449; exempt property,
229; fraudulent conveyances, 310; fraudu-
lent sale of property. 368; grounds for re-
hearing. 192; homestead exemptions, 390;
involuntary petition, 471; issue of ca sa, 328;
jurisdiction of state courts. 156; knowledge
of agent. 192; legal services. 15; liquor li-
cense, 209; machines in bankrupt's posses-
sion on trial, 56; mortgage. 351; mortgaged
property, 15; petition to review order of dis-
tribution; 15; pleading. 16; powers, 56; prefer-
ences, 56, 95, 192. 288. 368, 489: prior attach-
ments and garnishments, 449; priority of
payment.
209;
229; privilege from arrest,
property vesting in trustee. 431; provable
debts. 36. 471; referee's ruling. 16; rights of
general creditors of broker. 431; right to
set-off, 96; securing attorney's fees. 96; suf-
ficiency of involuntary petition, 171; time
for filing proofs of claim, 36; title of vendor,
136; transfer of property by bankrupt. 489;
transfer of property to defraud creditors.
431: unlawful preferences. 471; unrecorded
mortgage. 56; validity of claims, 16; validity
of mortgage, 489.

Banks and Banking, acquisition of stock. 488;
charging off assets. 76; collection of check,
310: deposit by receiver of debtor, 311; di-
rectors' neglect of duties, 471; exhibiting
false paper to bank examiner. 351; extent of
liability, 96; limitations of actions, 174;
misappropriation of funds. 229; police power
of state. 36: power to guarantee draft to
third persons. 96; presentation of check, 471;
requirement for deposit of money with state
treasurer. 116; shareholder's right to inspect
books, 174; surrendering not for worthless
check. 390; title to deposit. 192.
Bastard, right of inheritance, 368.
Beneft Societies, action by expelled member.
270; action on certificate, 449; beneficia-
ries, 209, 311, 431; burden of showing
change in by-laws, 390; change of benefi-
ciary. 248. 288; construction of certificate,
209, 311, 431; burden of showing change
change in by-laws on beneficiaries, 156;
equity jurisdiction, 156; false health certifi -
cate on reinstatement. 431; increase in
amount of assessment, 288; service of sum-
mons by mail, 229; prohibited occupations,
270; sick benefits. 76. 288: subrogation, 351;
termination of insurable interest, 229.
Bills and Notes. action by indorsee. 391; ad-
vancement as a consideration, 351; agree-
ment between payee and assignee. 116; at-
torney's fees. 230; bona fides, 76; burden of
showing bona fides, 192; consideration, 136,

391, 471, 489; description of payee, 36; de-
fenses to non-negotiable note, 192; duress,
328; duty of indorsee. 391; forged indorse-
ment, 156; fraud as against an innocent pur-
chaser, 16; good faith of purchaser, 288; in-
nocent purchaser. 174; judgment of findings,
391; liability of indorser, 209; parties to
transaction, 270; obligation of indorser, 230;
pleadings, 311. 408; pleading bona fides, 56;
presumption as to indorsement, 328; recov-
ery of attorney's fees, 209; repurchase
by payee, 471; rights of purchaser,
16; right to insert amount, 351; suf-
ficiency of certificate of protest, 449; sur-
render of collateral, 174; surrendering note
for worthless check, 391; transfer by deliy-
ery, 16.

Bonds, authority to fix amount of bail bond, 270;
bail, 209; liability of obligator, 368.
Boundaries, agreement between of parties, 136:
conclusiveness of survey, 431; conflicting

calss, 288, 391; corner calls, 449; description
in deed; 431; division of land, 368; duty of
surveyor on resurvey, 271; establishment,
248. 351; estoppel. 248; location, 210; mean-
ing of word "prolongation." 230; quantity of
of land. 391: reviewing grounds of decision
of tria court, 431; schools and school dis-
tricts, 311.

Breach of the Peace. what constitutes, 16.
Bribery, coroner, 116.

for

Bridges, county commissioners, 174.
Brokers, commissions, 230, 391; contract
services. 136; description in deed, 136; fraud
on principal. 471; inconsistent employment.
174; misconduct of real estate agent, 76; pur-
chase of margins, 288; rights of general
creditors, 431; right to commission, 56; suf-
ficiency of services, 288.
Building and Loan Associations, deduction for
expenses, 431; liability of borrowing mem-
ber, 471; merger of debts. 36; status of cer-
tificate holder, 210; what law governs, 174.
Burglary, evidence of owner's consent, 431; evi-
dence showing intent, 16.
Cancellation of Instruments, accommodation in-
dorsement, 328; assignment and compromise,
136; evidence as to mental condition, 56; con-
dition. 36; fraud, 76; recovery of considera-
tion. 489; sufficiency of complaint, 248; when
granted, 431.

car-

of

Carriers, acceptance for bill of lading. 311; ac-
tion by shipper for breach of contract, 56;
action for personal injuries, 471; agreements
as to ticket limitations. 408; assignment of
bill of lading. 192; authority of agent, 271;
authority of conductor. 174; bill of lading,
288; boarding street car, 174; care of bag-
gage. 156; care required as to express mes-
senger. 351; care required for protection of
package, 174; care required in carriage of
animals. 489; carriage of cattle, 391;
rying passengers beyond station, 156; com-
mon law liability, 56; concealment of con-
tents of package. 174; concurring negligence.
248: condition as to damages in bill
lading. 96; conecting carrier, 271; contract
limiting common law liability, 36; contract-
ing against negligence, 271; contributory
negligence, 56, 174: 328; conversion of goods,
76, 431: correspondence between agents as
to shipment, 36; crossings, 311; damages for
carriage beyond station, 192; damages for
loss of freight. 210; damages for misdeliv-
ery of stock. 96; damages for misdirection
by ticket agent. 249; damages for wrong-
ful ejectment. 471; defective appliance, 36;
delay in delivery of freight, 271; delay in
delivery
of
transporting cattle. 96, 288;
freight. 76; discovered peril, 156; duty as
to delivery of live stock, 96; duty to prove
damages, 391; duty to receive infirm passenger,
136; duty toward passenger. 56. 174, 409;
ejection of passenger, 116: evidence as to
injury to stock. 431; excessive charges, 16;
expulsion of passenger. 36; failure to fur-
nish cars. 16. 431; failure to properly trans-
port, 289; forcible expulsion of passenger.
351; furnishing escort for passenger, 391;
implied contract, 192; injury in alighting
from moving car, 192: injury to employee
riding on work train, 16; injury to licensee,
368; injury to live stock, 431; injury to pass-
enger, 36. 271, 328. 368; last clear chance. 489;
liability for baggage, 289, 391; liability for

damage on connecting carrier, 409; liability
of conecting carrier, 56, 328 limitation of
liability, 56, 489; limited liability, 36; lim-
iting liability for freight, 289; lost freght,
230; maintenance of published freight rates,
471; messenger companies, 311; negligence,
175, 311, 489; notice as to arrival of goods,
391; notice of arrival to consignee, 409;
passengers boarding trains, 230; pleading as
to limited liability. 368; pleadings in per-
sonal injury case, 56. 449; preferences and
discrimination. 471; presumption of negli-
gence. 271, 289; provision in railroad pass
exempting liability. 471; recitals in bill of
Jading, 391; requesting white passengers to
ride in coach with negroes, 271; res ipsa
loquitur. 76; sickness of animals in transit,
431; speed of car before collision, 116; termi-
nation of relation after arrival of goods, 351;
upsetting tray on passenger in dining car,
174; who are passengers, 271; wrongful ex-
pulsion, 351, 409; wrongful opening of sealed
car. 471.
Certiorari, defect of parties. 351; revocation of
privilege granted street railroad, 351.
Champerty and Maintenance. contingent con-
tract, 210; furnishing proof in divorce case,
174; judicial sales, 489.

Charities, charitable bequests, 351; creation, 96;
free public library, 210; uncertainty of
legacy. 328.
Chattel Mortgages, ascertainment of debt due,
116; binding effect of recitals, 351; conver-
sion. 289; description of property, 174; en-
joining enforcement, 16; fraud in procure-
ment, 391; possession taken by mortgagee.
76; release, 328; removal of property out of
state, 116; replevin, 391; rights of creditors,
289; title of mortgagor, 192.

Civil Rights, exclusion of negroes from theatre,
174; what constitutes "eating houses," 431.
Colleges and Universities, power of taking be-
quest, 368.

Collision, duty to keep vigilant lookout. 368: ex-
cessive speed of steamer, 16; negligence of
tug. 156.

Commerce, C. O. D. shipment, 192; corporative
privilege tax. 210; interference by state.
210; intoxicating liquors, 249; negligence in
controlling fire, 36; seal of commonwealth
as a trade-mark, 76; taxation affecting in-
terstate commerce. 409; taxation of mer-
chandise, 271; taxing sleeping cars, 136.
Common Law, continuance in force, 471; mar-
riage, 174.

Compromise and Settlement, impeachment after
verdict, 489; validity, 136.

Consolidation, colleges and universities, 489.
Conspiracy, benefit of party. 76; civil action,
432; construction, 368; liability of conspira-
tors, 352; merger in completed offense, 96.
Constitutional Law, act regulating loans on
chattel mortgages. 271: appointment to of-
fice. 192; board of control of penitentiary,
368; board of school examiners, 156; claims
against carriers, 432; combination to fix
gas rates. 368; commitment protected from
impairment. 116; condemnation of land for
irrigation ditches, 271; contract protected
from impairment, 116; corporation privilege
tax, 210; creation of new court. 230; cruel
and unusual punishment, 56; death sentence,
230; delegating to city certain legislative
powers. 16; delegation of legislative powers,
56; discrimination in selecting jury, 76; due
process of law, 311, 391; eminent domain,
192; employment agencies, 352; ex post facto
laws, 16; exemption from taxation, 328; free
speech. 271; guaranty of stock dividends,
472; impairment of contract. 76. 175, 409,
471; inheritance tax, 36, 352; intoxicating
liquors. 136; jury trial 174; legislation af-
fecting internal management of corporation,
156; legislative powers, 489; legislative re-
striction on court's review, 156: license of
board of health. 76; licensing milk business,
249; limit of indebtedness of municipal cor-
poration. 56; limiting lien of judgment, 16;
matter included under title of statute, 192;
mechanics' lien law. 352; obligation of con-
tracts. 289; operation of constitution, 489;
penalty for infringement

of

trade-mark,

36; police power, 16, 136; powers of state
legislature, 449; privileges of witness, 230;

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