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,
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.
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.
the bearing of custom upon the question of what is "mistake of law" and what is "mistake of fact," 360.
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.
PARTITION, whether husband or wife can leave the other and compel partition of homestead, 83.
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.
validity of pledges of stock without written transfer, 70.
validity of pledges of shares of stock as against third person, 72.
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.
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.
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.
enlargement of a life estate by accompany- ing power of disposition, 25.
are a knowledge of an offer and intent to accept essential to the recovery of a reward offered, 105.
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,
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.
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,
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;
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.
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.
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
36; police power, 16, 136; powers of state legislature, 449; privileges of witness, 230;
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