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prohibition of ticket brokerage, 391; pro-
tection of common property, 96; provision of
constitution in pari materia, 471; regulation
of fishing rights, 210; removal of county
seat, 472; removal of state officer, 36; requir-
ing corporation to appoint attorney to ac-
cept service, 136; re-sale of theater tickets,
352; restriction of contractor's rights. 192;
retroactive statute, 16, 210; right of suffrage,
352; right to act as executor, 156; right to
sue city for personal injuries, 289; sale of
goods in bulk, 176; self-executing provi-
sions, 175; state taxation of meat packing
houses, 409; statute affecting evidence, 271;
statute forbidding combination as to in-
surance rates, 230; statute prohibiting mar-
riage of an epileptic, 156; statute regulat-
ing hunting, 449; statute respecting street
improvement,
230; summary trial, 472;
title to ice on navigable stream, 271; taxa-
tion of mortgages, 157; taxation of personal
property, 175; taxing emigrant agents, 96;
use of streets by telephone company, 391;
validity of ordinance affecting street car
fenders, 210; validity of statute, 391; vested
rights. 230; waiver of right to be present
at trial, 368; who entitled to question valid-
ity of statute, 352.
Contempt, disobedience of order of court, 280;
judgment record, 289; jurisdiction, 157; or-
der to show cause, 311; review, 352.
Continuance, illness, 192; on ground of amend-

to

ment of bill, 391; ruling of non-suit, 36.
Contracts, action for breach, 175; advertising
designs, 472; agreement to cancel note by
will, 36; agreement to maintain toll road, 116;
agreement
support, 136; arbitration
agreements, 192; architect's services, 409;
breach of agreement in starting new bank,
328; breach of warranty, 391; burden of proof.
for
96; charge
extra work, 192; confi-
dential relation, 271; consideration, 56, 96,
136, 157, 175. 192; conspiracy to defraud,
116; construction, 16; delay in completing
building, 116; destruction of apliances con-
tracted for, 96; duress. 57; duties of con-
tractor. 36; enforcement in foreign state,
116: escrows, 116: expenses of receiver-
ship. 36; extra work, 328; failure to allege
contract in writing. 36; failure to specify
time for performance. 116; fiduciary rela-
tions as between brothers, 432; for benefit
of another, 136; guaranty as to heating
plant. 36; guaranty of stock dividends, 472;
illegality, 311; illness, 192; implied agree-
ments, 192; inability of adverse party
perform, 136; legislative alteration of school
districts, 175; lobbying, 192; mutuality, 116;
offer and acceptance, 352; offer by mail.
210; parties, 36; performance, 368; pleadings.
57, 368; preliminary negotiations merged in
written contract. 432; prohibited acts. 192;
provision as to time for bringing action,
157; public policy, 175; 249, 432; railroad
constructions, 449; removal of teacher, 391;
rescission, 96, 472; restraint of trade, 116,
271; sale of household furniture, 391; sale
of realty, 136; sale of school lands. 449; sep-
aration agreements. 409; set-off and counter
claim, 391; specific performance, 311, 449; ter-
mination on newspaper going out of busi-
ness, 96; unsigned writing, 311; waiver,

to

449.
Contribution. liquidation of joint debtor, 271.
Conversion. rights of distributees, 16; subse-
quent mortgage by heirs, 489; wills, 328.
Convicts, use on farms, 489.
Copyrights, remedy for infringement. 368; suf-
ficiency of notice on fly leaf, 57; suit for in-
fringements. 472.

to

of

Corporations, action against stockholders, 352;
action by stockholder. 311. 352: action
compel transfer stock, 489; allotment
stock. 271; amendments to by-laws. 368; ap-
parent powers. 175; attachment against for-
eign corporation, 368; attacking legality of
corporate existence, 175; authority of agent,
193; 230; authority of manager, 391; buyer's
use of stock. 116; by-laws, 57; call and sale
of stock, 175; compensation of director for
services in promoting. 96; compliance with
laws of foreign state. 157; consideration to
sustain assignment of credits, 352; contracts
of promoters. 442; contracts ultra vires. 432;
creditor's suit. 409; creditors failing to par-

ticipate in suit for secret profits, 16; credits
in payment of stock, 116; cutting off bor-
ough's water supply, 352; deed to direc-
tor, 96 discretion of directors, 230; disposi-
tion of assets, 289; dividends paid out of
capital, 409; domicile, 391; effect of notice
to agent, 472; election of directors, 157;
equitable relief, 193; foreign corporations,
328; indorsement of note, 391; insolvency,
136, 328; internal dissensions, 96; jurisdic-
tion of equity to dissolve, 352; jurisdiction
of state courts, 96; liability of indorser on
note, 352; liability for stockholders for cor-
porate debt, 432; liability of stockholder for
unpaid subscription, 449; liability on bonds,
271; loss of baggage, 328; minutes as evi-
dence in action on bond, 57, mismanagement
of officers and directors, 16 natural gas
companies, 432; partnership, 311; personal
liability of officers, 157; plea of guilty, 96;
power of court to dissolve, 352; powers of
president, 271; priority as between mort-
gage and judgment for torts, 368; promo-
ters right to fees, 157; property accepted
at unfair valuation, 369; receivers, 311; re-
moval of causes, 230; reorganization, 210,
432; right of stockholder to sue, 210; right
of surety, 157; right of trustee to sue, 409;
sale of entire stock, 409; sale of property
to director, 116; security for indebtedness,
136; service of process, 210; statutory rem-
edies, 175; stock subscribers, 289; taxation,
210; termination, 136, 472, title to undivid-
ed profits, 409; transfer of stock, 489; ultra
vires accommodation. 329; ultra vires con-
tract, 37; unauthorized assumption of in-
corporation, 352; unwarranted granting of
injunction, 136; venue in an action against,
449; voting trust agreement, 37; what con-
stitutes, 432; wrongful discharge of clerk,

472.

Costs. action on bond, 271; bill of exceptions,
391; failure to give security, 289; unnec-
essary abstracts, 432.

Counties. bids for county work, 116; claims

against county, 230; clerk hire, 472; com-
pensation for clerk employed by treasur-
er, 392; duty of commissioner to keep min-
utes, 289; erection of court house, 311; levy
of additional tax, 329; mandamus to com-
pel calling election, 432; records, 369; re-
stricting payment of warrants. 271; rights
to sue, 193; withdrawal of petitioner, 489;
Courts, appellate jurisdiction, 193; constituted
question, 230; federal decision, 16, 210;
habeas corpus, 271; imperative trust, 117;
judicial notice, 271; jurisdiction of appellate
court, 289; jurisdiction of district court
432; jurisdiction of municipal court, 311;
jurisdiction of orphan's court, 432; necessity
of showing jurisdiction by record, 369; pre-
vious decisions as controlling, 311; records,
489; review of facts, 392; stare decisis,
136; suit involving separate contracts, 311;
validity of act creating criminal court,

16.

con-

Covenants, mistake in describing lands convey-
ed. 117; warranty of title, 289; what
stitutes breach, 392; wills, 328.
Creditors' Suit, insolvent corporation 136; lim-
itatios. 271.

Criminal Evidence, books of account, 311; con-
spiracy. 249; declaration of defendants. 271;
declaration of third person, 249; evidence
as to other offenses, 352; exclusion of wit-
nesses. 157; exhibiting weapons to jury. 272;
false pretenses, 369; homicide, 272; letters,
37: medical books. 210: opinion of witness,
76; photographs, 157, 352; plea of guilty, 96;
proof of testimony of absent witness, 175;
reading from books, 432; showing previous
arrest of other persons, 449; testimony as to
flight of accused, 369; violation of local
option law, 249; violation of Sunday law,
249.
Criminal Law, affidavit for continuance, 449;
argument of prosecuting attorney, 136; bill
of
of exceptions. 392: competency
grand
of
jurors. 96; confession. 157; conviction
lesser crime. 369; credibility of witness, 96;
declarations of accomplice, 449; effect of in-
toxication, 449; effect of lost sheet from in-
formation. 37; election by commonwealth.
175; failure to request certain instructions,

57;

76; former jeopardy, 272; homicide, 210; in-
dictment and proof, 329; instructions as to
conspiracy, 230; jurisdiction of court of ap-
peal, 57; oral recognizance, 16; power of su-
preme court of Philippine Islands, 249; pres-
ence of defendant, 16; presumption,
prior offense, 193; recitals in record, 37; re-
marks of counsel and trial judge, 432; right
to move for new trial, 392; ruling on evi-
dence, 76; sentence to begin in the future,
77; service of jury list, 210; setting aside
plea of guilty, 272; time for filing bill of
exceptions, 249; time to prepare defense,
96; uncontrollable impulse, 193.
Criminal Trial, admissions by defendant, 449;
agreed statement of facts, 312; appeal, 230;
appeal to race prejudice, 17; argument of
counsel, 230, 289, 472, 489; bill of exceptions,
137, 312, 449; circumstantial evidence, 157;
compelling the calling of witness, 329; con-
clusion of trial court, 117; conduct of sheriff.
175; confession, 272, 289; continuance, 272,
409; correction of copy of indictment, 472;
court's right to question witnesses, 432;
cross-examination, 17, 329; cumulative in-
struction, 157; deaf and dumb defendants,
312; death of judge, 392; defendant as wit-
ness, 175; direct examination, 369; duty to
instruct, 96; dying declarations, 432; evi-
dence, 352, 432; exclusion of evidence, 489;
exclusion of witness, 272; failure of accused
to testify, 392; failure to object to improper
remarks, 272; failure to preserve error, 289;
failure to request instructions, 449; failure
to state case to jury, 157; falsity of testi-
mony, 272; forgery, 117; form of verdict,
175; homicide, 96, 157; impeaching evidence
as ground for new trial, 472; improper
statements in argument of counsel, 175;
inadvertent error, 96; indictment, 193; in-
flamatory utterances in presence of jury, 37;
insanity as a defense, 432; instructions, 17,
57, 193, 312, 369, 409, 432, 433, 449, 450, 472;
irrespective answers of witness. 97: juvenile
offenders, 193; mental condition, 329; mis-
conduct of counsel. 329; misconduct of jury
and bailiff, 369; misleading instruction, 369;
new trial, 472: newly discovered evidence,
17, 37, 193, 210; objection of indictment,
329; objections not made below, 450; pos-
session of fruits of crime. 329; premature
appeal, 157; presumption in favor of trial
court's ruling, 57; presumptions on appeal,
157; questions presented for review, 489;
reading affidavit as evidence, 97; reading
law to jury, 57; reasonable doubt, 210, 230.
312; receiving stolen goods, 352; refusal of
continuance, 272; refusal to withdrawal of
accused at inquest. 352; remarks of counsel,
490; remarks of court, 17, 57, 433; requests
for instructions, 369; rulings on evidence,
272; selection of jurors, 392; self-defense.
210, 329; sentence. 490; separate trials of
defendants, 272; statements by court, 175;
sufficiency of verdict, 409; transcript, 312;
validity of judgment, 97: value of stolen
goods, 392; verdict contrary to law, 312.
Crops, sale of land, 392.
Customs Duties, classification. 57, 369; protest
against tentative liquidation, 17.
Damages, action for injuries to wife, 312; breach
of building contract, 17; breach of contract,
117; delay in treating jury, 272; destruction
of vessel, 77; eminent domain, 210; evidence
as to previous sickness, 450; excessive ver-
dict, 230; fractured knee cap, 352; fright re-
sulting in neurasthenia, 175; future pain as
an element. 17; husband and wife, 329; in-
jury to land, 450; injury to real property,
450; instruction. 193; instruction as to earn:-
ing capacity. 57; insult to passengers by
carrier's servant. 272; interference with
business. 352; liquidated damages, 329; loss
of profits, 289; money value of time, 57;
newly discovered evidence, 193; notice of
contested issues, 137; nuisance, 157; perma-
nent personal injuries, 433; personal in-
juries, 369; physical examination, 312;
pleading, 249; pleading in wrongful attach-
ment suit, 289; proximate result of injury,
77; punitive damages, 117; stipulated dam-
ages, 137; vicious dogs, 312.

to

Death, damages, 230, 352, 369; joint tort feasors.
175; negligence, 249; parties entitled
bring suit, 409; pecuniary interest, 289;

presumption after seven years, 353; use of
mortality tables, 157; whether from injuries
or from independent cause, 97.
Dedication, abandonment, 193; abandonment of
wharf dedicated to public use, 490; accept-
ance, 97; blanks on plats, 329; conditions,
329; conveyance of land, 433; estoppel, 193;
effect of delay in acceptance, 175; prescrip-
tion, 329; public streets, 353; what con-
stitutes, 57, 450.

Deeds, action for cancellation, 157; appurte-
nances. 193; conditional execution of deed,
433; description. 211; description of parties,
409; delivery, 329; delivery after grantor's
death, 137; delivery to one of several grant-
ees, 37; equitable estates, 230; estate con-
veyed, 117, 353; extent of land conveyed,
433; failure of consideration, 312; fraud in
procuring, 289; homestead, 249; intent of
parties, 490; irrevocable trust, 289; neces-
sity of seisin, 175; pei-ons entitled to at-
tack, 392; power of attorey, 450; presump-
tion of acceptance, 409; ait to set aside,
117: time of taking effect, 353.
Depositions, commission to take, 392; failure to
seal, 77; objection to commission, 137; power
of justice of peace to punish for contempt.
117; waiver of objections, 97.

Deposits in Court, disposition, 450.
Descent and Distribution, action on account,
249; agreement for support of children, 289;
changing loan to advancement, 353; patent
to widow of homestead settler, 231; plural
wife's capacity to sue, 57; public land, 433;
rights of surviving husband, 329.
Dismissal and Nonsuit, action to recover for
legal services, 369; as affecting several de-
fendants, 472; ex parte proceedings, 392; ex-
ceptions in trial court, 117; failure to file
declaration, 353; findings of court, 211.
Disorderly House, admissions, 272; evidence, 433;
opprobrious words, 472; what constitutes,

312.

Divorce, burden of proof as to good faith, 157:
counsel fees, 433; custody of children, 433;
alimony, 77, 409; death of successful party,
249; desertion, 57; division of property.
450; fraudulent conveyance, 17; fraudulent
transfer to avoid alimony, 312; opportunity
to visit child, 272; petition to set aside de-
cree, 312; previous provision for wife's sup-
port, 17; prior establishment of adultery,
472; public interest a consideration in sup-
port of judgment. 57; refusal to pay ali-
mony, 175; res judicata, 175; statutory pro-
vision as to remarriage, 353; support of
children. 353; suppression of plaintiff's aff-
davit, 37; writ of ne exeat, 97.
Domicile. citizenship of deserted wife, 231; hus-
band and wife, 409; sleeping place in resi-
dence, 272.
Dower, admeasurement, 433; assignment, 450;
purchase money mortgage, 392; rights of
widow, 137; trust estate, 193; valuation,
312; voluntary conveyance, 353.
Drains, assessments. 353; contracts for con-
struction, 472; damages and benefits, 392;
failure to give notice of proceedings to es-
tablish, 57; injury to highway by enlarge-
ment of water way, 117; suit to enjoin con-
struction, 369.

Easements, additional servitude, 353; admissi-
bility of evidence, 409; adverse possession,
77: purchase of servient estate, 57; adver-
tising privileges. 193; bill to enjoin disturb-
ance, 329; boundaries. 175; creation by deed,
409; creation by reservation, 37; drains,
37: equitable estoppel. 193; establishment,
193; injunction to restrain obstruction of
way, 353; light and air. 409; nonuser, 77;
obstruction, 473: parol grant, 193; reserva-
tion in deed. 392; rights of owner of fee,
392; right of way. 77; use of cellar. 369;
way of necessity, 137; what property subject,
409.
Ejectment, action by administrator, 77; burden
of overcoming legal effect of an acknowl-
edgement, 17; defense of outstanding title,
176; equitable title. 272; evidence, 353; gen-
eral issue, 410; proof of source of common
title. 97.

Elections. ballots, 392; bribery at primary, 137;
certificate as presumptive evidence, 392;
contest. 312; contest over nomination, 137;
costs of contest, 193; designation of parties.

Vol. 62

CENTRAL LAW JOURNAL.

176; ineligibility of candidate, 450; jurisdic-
tion of special court, 353; mandatory pro-
visions of statute, 193; matters reviewable,
249; nomination by certificate, 249; nomina-
tion by petition, 392; preparation of bal-
lots, 176; registration lists, 312; torn bal-
lots, 392; voidable tax deed, 176.
Election of Remedies, accounting, 272; restrain-
ing interference with officers, 812.
Electricity, contract for supply, 410; injury from
live wire, 97; live wire in street, 211; negli-
gence, 353; proximate cause of injury, 117;
safe place to work, 272.

Embezzlement, evidence, 176; question for jury,
231; sufficiency of evidence, 473; what con-
stitutes, 176, 433.

Eminent Domain, alteration of grade of high-
way, 473; alteration of street grade, 312;
appearance to contest merits of condemna-
392; condemning
tion, 176; compensation,
property for Union Depot, 17; condemnation
proceedings, 57, 77; condemnation for levee
purposes, 193; damages, 490; encroachment
on abutting property, 117; establishment of
railroad crossing, 211, 289; evidence of value,
97; inconvenience and annoyance to adjoin-
249; injunction, 193,
ing property owner,
353; interest or abutter on highway, 312;
condemn, 231; procedure,
proceedings to
473; property subject, 312; public use, 97;
reversion of land taken for special purpose,
97; taking land for drainage, 37; telephone
poles and wires in street, 410; use of streets
for commercial railroad, 117; vacation of
highway, 137; value of property, 117, 410;
values considered in estimating damages,
473.
Equity, abandonment of suit, 490; adequate
remedy at law, 490; alteration of decree
after term, 473; amending bill, 57; applica-
tion for mandamus objectionable for duplic-
ity, 37; clean hands, 157; conditions of re-
land purchased, 97; demurrer, 231; demurrer
to open street through
lief, 37; covenant
where bill is vague and indifferent, 17; de-
on existing easement, 97: effect of taking
issue, 329; enforcement of forfeiture, 353;
ignorance of law, 369; inconsistent positions,
473; laches, 433; jurisdiction, 272; jurisdic-
tion to decree an accounting, 290; legal re-
lief, 490; litigation between codefendants,
231; mistake of law, 433; multifarous bill,
450; parties, 312; pleading, 353; pleading
new matter, 249; pollution of water course,
211; quieting title, 353; rehearing, 410; re-
port of commissioner. 392; request for rul-
ings on exceptions, 369; right to dismissal
of suit, 490; sufficiency of bill, 353; suit to
cancel notes, 37; title to land, 176; verifica-
tion of bill, 37; waiver of objection, 137.
Escrows, action against depositories, 450; agree-

ment construed, 97; computation of inter-
est, 17; contract to sell land, 117; substantial
compliance with contract, 290.

Estoppe, abandonment for contract, 117; aban-
donment of street, 17; adverse possession,
211; agreement construed, 97; assessment
of taxes, 272; attesting deed, 392; authority
of agent, 450, 451; by contract, 157; deeds,
137; delivery of deed, 329; failure to ob-
ject, 97; filing claim against county, 272;
intent to mislead, 37; judicial proceedings,
450; knowledge of acts of others, 272; neg-
ligence of parties dealing with real estate
in another's
agent, 77; permitting title
name, 176; receiver's certificate, 369; rights
in streets, 290; sale of land, 17; settlement
deed, 137; teacher's certificate, 353; title to
property, 433; validity of commercial paper,
157; validity of franchise, 17.
Evidence, admissions. 410; admissions by agent,
392; admission of pleading, 97; admissions
of seller after sale, 369; ancient documents,
157; arbitration and award, 117; bankruptcy,
97; best and secondary, 272; bills and notes,
157, 249; bills of exceptions, 433; book ac-
counts, 290; boundaries, 353, 450; broker's
action for commissions. 433; burden of proof,
272; cause of disease, 57; competency of wit-
nesses, 353; condemnation award. 97; con-
sideration in deed, 193; conclusiveness of
admissions by corporation, 490; construction
of contract, 211; construction of deed, 433;
312; declarations of
usages.
customs and
vendor after sale, 176; deed of married wo-

man, 410; degree of mental capacity, 37;
establishment of quarantine, 272; excessive
damages, 410; expert medical testimony,
290; explanation, 137; extent of warranty
as to quality, 58; failure to produce im-
portant witness, 392; firm name as grantee
in deed, 137; foreign records, 194; fraudu-
lent sale. 137; genuineness of letters, 490;
handwriting, 353; homicide, 490; hypotheti-
cal question, 329; irrigation ditch, 137; judi-
cial notice, 194, 290, 312, 329; judicial notice
as to occupation, 231; judicial notice as to
standard time, 473; judicial notice of facts,
410; judicial notice of government regula-
tions, 392; judicial notice that electricity is
dangerous, 117, law of foreign state, 273;
letters, 176; malice, 77; maps to show loca-
tion of objects, 17; market price, 17; market
price, 353; matters of common knowledge,
329; meaning of terms in fire policy, 249;
medical books, 329; medical experts, 393;
motive, 194; notes, 312; object of mortgage.
312; offers preceding condemnation, 329;
opinion as to speed of train, 290; opinions
as to value, 290; opinion of expert, 176;
opinion of nonexperts, 231; parol as affect-
ing written contract, 369; parol conditions
respecting delivery of deed, 353; parol evi-
dence affecting writing, 272, 273; parol ex-
planation of written instrument, 273; parol
evidence as to official record, 249; parol to
explain deed, 353; payment of mortgage,
473; partnership, 194; past transaction, 17;
pedigree, 490; performance of official duty,
410; physical conditions, 450; preponderance,
97; presumption as to meetings and adjourn-
ment of common council, 58; presumption
from failure to produce, 393; previous good
reputation of defendant, 450; principal and
agent, 211; public records, 369; rebuttal, 312;
records, 473; records of fire department, 176;
relevancy, 353; res gestae, 137, 353, 393, 490;
speed of street car, 290; statement of mort-
gagor, 249; statutory provision, 249; terms
to charges in
of lease, 176; testimony as
books of account, 17; testimony based on
book entries, 231; title to minerals, 77; un-
answered letters, 37; use of land, 395; usury,
17; value of attorney's services, 312; value
of corporate stock, 273; value of property,
231; weight and sufficiency, 290; weight of
expert opinion, 450; when admissible in
part, 313; will contest, 117, 410; written
contract, 176.
Exceptions, Bill of, amendment, 211; correction
of judge, 137; duty of trial court, 37; ex-
hibits, 194, 490; extension of time, 393; mo-
433;
tion in arrest of judgment, 290; omission of
of judge,
certificate, 433; signature
time for approval, 329.
Exchanges, by-laws, 194.
Exchange of Property, action for breach of con-
tract, 273; dealings between principal and
agent, 117; mistake, 433; rescission, 231.
Exclusion of Witnesses, 291.
Execution, acts of purchaser preventing tender
in action to redeem, 77; ballots, 410; bona
fide purchaser at sale, 137; claim by third
persons, 157; injunction on ground of mis-
take in judgment, 58; notice of sale, 273;
sale and inadequacy of price, 273; notice of
sale, 273; refusal to levy on property desig-
nated, 433; release, 231; tender in an action
to redeem, 77; title of purchaser at execu-
tion sale, 473.
Executors and Administrators, accounting, 354;
accounting between co-executor. 97; action
for accounting, 329; advancement by admin-
istrators, 158; appointment de bonis non,
97; assets, 410; bill for assignment of home-
stead and dower, 329; claims barred by limi-
tation. 231; compulsory accounting, 369;
collateral attack, 410; conveyance of realty,
97; cost of tomb stones, 17; disputed claims,
393; effect of discharge of administrator,
176; expenditures by administrators, 273;
273;
failure to file inventory, 410; final account-
of mortgage.
ing, 393; foreclosure
fraudulent sale, 433; inventory, 313; liability
for money received, 273; liability on bond,
410; litigation expenses, 433; nonresidence
as affecting appointment, 410; note due ad-
ministrators, 137; opening decree of distri-
account.
bution. 18; parties to action
231; payment of claims, 433; payment of

on

debt, 137; payments to widow, 354; personal
liability, 58; pleading in action against,
313; power to sell real estate, 77; publica-
tion of notice for sale of land, 18; qualifica-
tions, 354; real estate acquired, 194; refusal
to make deed, 77; removal of executrix, 194;
repudiation of limitation by will, 118; revo-
cation of letters on finding will, 58; right to
distribution, 37; right to testator's title
paners. 97: sale of land, 158, 473; setting
aside fraudulent claim, 249; settlement and
review, 313; so.e devisee, 137; statute as to
failure to file inventory, 410; suit against
co-executor, 248; time for asserting claim,
273; title of executors to choses in action,
18; transfer of assets by widow, 211; vacat-
ing sale made by administrators, 290; when
limitation begin to run against estate, 410.
Exemptions, earnings, 290; estoppel, 18; waiver
as to homestead, 490.

Explosives, care required, 37; judicial notice.
393; negligence, 176.

Extradition. sufficiency of averment in habeas
corpus proceedings, 37.

Factors, departure from instruction and subse-

quent ratification, 58; liability for shipment,
354.

False Imprisonment, punitive damages,

211;

searching customer suspected of stealing,
290.

False Pretenses, evidence, 231; fraudulent sales,
18; indictment and variance, 450; variance.
369.

Federal Courts. amounts in controversy,

434;

authoritative decisions, 393; comity, 58; con-
struction of the statute, 354; decision on non-
federal grounds, 176; diverse citizenship,
231; effect of certificate of state court, 369;
federal questions, 370; interference with
state administration of criminal law, 410;
jurisdiction, 231, 249; state statute of limi-
tation, 77; taking property without compen-
sation, 354.

Ferries, liability of ferryman, 58.
Fines, disposition of proceeds, 273; imprison-
ment, 273.

Fire Insurance, acts of agent of insurer, 330;
additional insurance, 450; agents, 176; ap-
praisal and award, 158; avoidance of policy.
410; breach of condition of policy, 77; breach
of warranty, 18; change of location of prop-
erty. 118; concurrent insurance, 393; con-
ditions to notice. 194; construction of policy,
158; different kinds of property, 137; effect
of other insurance, 410; indorsements on
policy, 18; insurable interest, 58, 290; mis-
description of property, 330; mutual insur-
ance, 473; notice of non-payment of assess-
ment, 137; ownership of property, 194;
proofs of loss as evidence of value, 37; prop-
erty covered, 231; property insured, 176;
reference to arbitrators, 211; right to in-
dorse policy, 450; stipulation as to incum-
of
brance, 118; subrogation
insurer, 211;
the word "fire" defined, 97; value of articles
lost. 434; waiver of conditions. 410.
Fish. Hawaiian fishery grants, 410: protection.
211; rights of landowner,, 194; rights of
public, 211; taking oysters from private
beds, 473.
Fixtures, gas ranges, 473; landlord and tenant,
58; reliance on representations, 393.
Forcible Entry and Detainer, appeal bond, 370;
pleading. 194.

Forgery, elements of offense, 330; signing note
as witness. 118.

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position, 57; effect of mortgage foreclosure
Fraud, contracts. 194; duty to investigate, 313;
equity jurisdiction, 434; expressions of opin-
ion, 473; false representation. 313: ignor-
of truth of representation, 176; incor-
rect estimate as to value, 158; intent, 18:
persons in fiduciary relation, 97; persons
Cable, 273; reimbursement. 369; sale of de-
fective machinery, 330; what constitutes,
370.
Frauds, Statute of, agreement for sale of inter-
est in business. 313; agreement not to be
performed within one year. 273; agreement
to locate mining claim, 18; antenuptial
agreement. 77; boundaries. 98: conveyance
to wife, 98: debt of another, 250, 450, 490;
joint promise. 410; modification contract.
450; oral contract, 273; original promise.
194; parol contract of heirs, 211; parol

lease, 434; parol novation, 77; part per-
formance, 393; promise to pay debt of an-
other, 158, 313, 354; questions for jury, 194;
recovery for work and labor under contract,
194; time and place of payment, 18.

Fraudulent Conveyance, absence of considera-
tion, 77; action to set aside, 97; creation of
debt, 37; creditor's lien, 18; disregard of
judgment, 473; failure to record sale, 290;
future creditors, 370; grantee's knowledge
of fraud, 137; husband and wife, 38, 450;
insolvency, 58, 410; intent, 393; limitation, 176;
mortgages, 410; ownership of property, 354;
parent and child, 290; procedure in creditor's
suit, 273; property of trifling value, 313;
sales in bulk, 290, 370, 393; setting aside,
410, 434, 473; voluntary conveyances, 434.
Game, prohibition of sale, 137; rights of land-
owner, 194.

Gaming, consideration for check, 370; indict-
ment, 77; license, 290; option contracts, 354.
Garnishment, construction of statute, 176, 194;
crops in landlord's hand. 38; debt due non-
resident, 30; notice to garnishee, 434; pro-
ceedings originally void, 231.

Gift, delivery. 38; instruction as to gifts inter
vivos, 330; undue influence, 231.

Good Will, firm name, 313; sale of business, 290;
what constitutes, 330.

Grand Jury, refusal to testify, 77.
Guaranty, construction, 313, 490; discharge of
guarantor, 411; extension of credit releasing
guarantor, 78.
Guardian and Ward, accounting, 98, 211; action
in names of wards, 330; agreements as to
custody, 313; appointment of guardian, 78,
250; contracts, 370; laches in bringing ac-
tion on guardian bond, 158; liability for
funds of ward, 273; liability of guardian for
interest, 450; removal, 194, 490; selection of
Committee for incompetent, 38; setting aside
sale to guardian, 370.

Habeas Corpus, breach of condition of pardon,
290; custody of children, 194; extradition, 38;
federal interference with state administra-
tion of criminal law, 231; findings of lower
court, 411; grounds of writ; 451; powers of
court, 290; to test sufficiency of indictment,
250; violation of court's order, 176.
Hawkers and Peddlars, license taxes, 290.
Health, destruction of property to prevent
spread of disease, 38.

Hi hways, appeal from award of damages, 393;
application for public road, 231; collision
between travelers, 451; establishment, 273;
grant of franchise, 290; injury to abutting
owner, 231; leaving explosives in highway.
330; liability for damage caused by run-
away team, 194; obstructions, 137, 473; open-
ing and working, 118; overseer's failure to
discharge duties, 370; prescription, 158;
rights of pedestrians and automobiles, 330;
surface water, 231; vacation, 138.
Highways, vacation, 138; aliotment of widow,
194; claims of dower, 393; contract to de-
vise. 434; declaration to establish, 231; es-
tablishment, 273; exemptions as to proceeds,
411; fraudulent claim. 250; improvements,
231; proceedings reviewable, 158; rents and
profits. 58: rights of surviving widow, 330;
sale of fee for deceased husband's debts,
18; temporary absence, 273.
Homicide, aiding and abeting, 250; assault com-
mitted in house, 38; assault with intent to
kill, 273; character of deceased. 118; crim-
inal negligence of physician, 176; defense
against simp'e assault. 434; description of
assailment, 451; dying declarations, 273, 330;
effect of juror's taking notes, 354; evidence
to removal of stomach in poison case,
158; evidence as to reputation of deceased,
273; indictment, 18; instructions, 58, 78, 370,
393; intent. 158. 232. 490; killing in heat of
blood, 490; killing one with design to kill
another. 273; malice. 232: manslaughter, 18;
necessity of defining self-defense, 18; parti-
cipation in quarrel, 451; possibilbility of
saving life, 393: provocation. 211, 451; pro-
voked quarre', 176, 330; reputation for car-
qual instatione
rying nistol
resistance of officer, 232; resisting arrest, 38,
313; review of evidence on appeal, 78; self-

as

no.

212.

Vol. 62

CENTRAL LAW JOURNAL

330;

defense, 194, 313; shooting a pistol into a
crowd, 313; shooting of third person. 330;
specific intent, 176; threats of deceased, 451;
variance, 393; voluntary manslaughter, 194.
Husband and Wife, abandonment of wife, 273;
action for alienation of affections, 118; ac-
tion to restrain breach of contract,
ante-nuptial agreements, 330; ante-nuptial
settlements, 354; capacity of minor wife to
sue, 38; chattel mortgages, 434; community
property, 138, 194, 250, 273; connivance in
divorce, 232; consideration for ante-nuptial
agreements, 330; contracts, 313, 370; convey-
ance to wife, 177; divorce as affecting home-
stead, in public lands, 393; estates by entirety,
330; homestead entry, 393; liability for pur-
chases of wife, 354; liability of wife's prop-
erty, 393; loss of service, 177; married wo-
man's contract for services, 211; mortgages,
393; note by married woman, 313; plural
58; property
wife's capacity to inherit

rights, 451; purchase of tax title by wife,
158; rights of surviving husband, 370; sale
to wife, 98; tenenta by the entirety, 18;
title to realty, 211; validity of deed by
wife, 138; wife's interest in personalty of
husband, 434; wife's separate estate. 434.
vacation
on
Improvements, compensation

deed, 250.

of

Incest, evidence to convict, 393.
Indemnity, contract limitation, 78; discharge of
liability, 18; unreasonable limitations as to
time of bringing action, 158.

of

Indians, citizenship, 273; descent of land, 370;
lease of lands, 177.
Indictment and Information, assault with intent
to kill, 232; definiteness, 451; election be-
counts, 290; following language of
tween
liquors, 158;
274; intoxicating
statute,
joinder of offenses, 194; joinder of parties,
177; jury exemptions. 490; misdemeanor,
58; omission of seal of court, 18; substi-
tution of copy, 473.
Infants, action by next friend, 78; appearance
by attorney. 38; appointment of guardian
ad litem. 177; appointment of guardian ad
litem, 158; contract of employment, 313;
control by state, 393; failure to appoint guar-
misrepresentation
dian ad litem, 250;
age. 38; right to avoid contract, 411.
Injunction, adequacy of legal remedy, 118; ade-
quate remedy at law, 473; boycotts, 290;
contempt proceedings, 118; continued tres-
pass. 195, 434; contract of employment, 138;
damages on dissolution, 490; election
tween counts, 290; enforcement of negative
covenant in lease, 290; gambling house, 291;
insufficiency of bill, 411; irreparable injury,
490; motion for dissolution, 434; motion to
vacate, 473; pending payment of damages,
250; persons liable. 291; remedy at law, 330;
restraining breaches. 250; restraining com-
mission of crime, 291; restraining enforce-
ment of ordinance, 98, 490; restraining erec-
tion of apartment house, 232; restraint of
criminal proceedings, 291; restraint of mu-
nicipal officer, 211; sale in bulk, 393; street
98; threaten-
274; strikes,
improvement.

be-

ed injury, 211; trespass, 38, 177; voluntary
dismissal, 274.

Innkeepers, loss of guest's money, 211.
Insane Persons, avoiding conveyance, 313; in-
434: judgments, 473; judgment
quisition,

when one of the parties is insane, 58; fraud-
ulent preferences, 177; votes of creditors.
18.

Insurance, sprinkler leakage, 394.
Interest, consideration for reduction. 451; dis-
charge of school teacher, 138; judgments, 232;
city. 195;
money wrongfully withheld by
open accounts, 274; unliquidated demands,
250.
Intoxicating Liquors. assignability of license,
212; criminal prosecution under local option
exchange for
law. 274; dispensaries. 313
peaches as constituting illegal sale. 18; il-
legal sale, 19; illegal sale, 274, 313; innkeep-
ers. 411: instructions in an action on liquor
bond. 330; keeping saloon open on Sunday,
291; iability for wrongful sale, 250; licenses.
98. 370, 451; local option law, 78, 250, 330;
mulet tax, 38; ordinance as to Sunday sales,
473; place of sale, 195, 274; question for

jury, 194; retailing without license, 473; re-
vocation of license, 313; sale to minor, 330;
seizure, 473; sufficiency of indictment, 451;
transfer of license, 78; unlawful sale, 250,
291; what constitutes. 98.
Joint Adventure, dissolution, 370; necessary par-
ties, 158.

Judges, disqualification, 118, 177, 232; order in
vacation to receiver, 274; powers of suc-
ceeding judge, 195; re-argument after term
expired, 177.
Judgment, action to enforce, 394; action to quiet
title. 274; affidavits of merits. 313; applica-
tion for correction, 490; assignment, 211,
274; collateral attack, 274, 330, 370; courts
of general jurisdiction, 158; decree in inter-
ference proceedings, 98; effect of clerical
of minority of one
misprison. 370; effect
party defendant, 451; equitable relief, 250;
execution, 394; final determination, 274; fiood-
ing lands, 474; fraud in procurement, 411;
for re-
as ground
insu cient complaint
versal, 394; interrogatories, 177; joint de-
fendants, 58; jurisdiction, 78, 118, 434; lien,
354; matters not in abstract, 330; matters
which might have been litigated, 411; mer-
ger, 177, 313; misconduct of attorney, 195;
non-suit, 274; office default, 354; order of
court for wife's separate
probate
partnership accounting,
212;
port,
274; persons
persons bound,
petition to vacate,
195:
attitude as counsel, 195; probable cause,
250. 291.
177,
38,
158; res judicata,
demurrer res judicata, 58;
491; ruling on
setting aside, 274, 451; title to realty. 118;
vacation where default is due
ble neglect, 38; vested remainders, 18; what
greater
constitutes, 000; where award is
than relief granted, 18.

sup-

291,

concluded.
291; previous

to excusa-

Judicial Sales, acceptance of deed, 138; default
of purchaser, 98; laches, 177; place, 313;
rights of purchaser on vacation, 232; tech-
177; title of purchaser,
nical objections,
195.

Jury, action in equity, 434; challenges by state,
177; challenge to poll, 314; competency of
juror. 314; condemnation proceedings, 232;
discretion of court in excusing juror, 158;
excusing juror, 58; interest in result, 195;
motion to quash special venire, 78; quali-
fications of juror, 58; right to jury trial in
bankruptcy proceedings, 158; self-defense,
330; validity of oath of talesman, 451.
Justices of the Peace, certiorari, 394; complaint
in unlawful detainer, 411; dismissal of ap-
peal, 354; jurisdiction, 78; jurisdiction in
action involving title to land, 474.
Landlord and Tenant, action for rent, 212, 330;
agreement to protect growing crops, 232;
allowance for repairs, 370; cancellation of
lease, 138; construction of lease, 118, 331,
474; constructive eviction, 331; contract in
writing, 331; damages, 491; damages for
158; defective
failure to heat premises.
building, 18; emplements, 138; extinguish-
ment of lien. 331; holding over under lease,
98; injury to licensee, 59; landlord's lien,
250; leases, 451; lease and condition subse-
quent, 232; lease on condition subsequent,
232; liability as to third persons, 138; lien
for unaccrued rent, 411; lien on crops, 394;
mortgage of crops, 158; municipal require-
ments. 314; necessity of reducing lease to
writing, 491; notice to quit. 177; oil and
gas lease, 18; option to purchase, 98, 231;
partial invalidity of judgment for rent, 434;
refusal to accept premises. 195; reservation
in lease of land, 98; rights of lessee, 394;
tenant's damage by sale of premises, 18;
the relation, 118; time for exercising option
to purchase, 354; trespass to easement, 38;
unlawful detainer, 370; who are tenants.
274.

Larceny, bringing stolen property into state.
borrowed
331; instructions. 291; obtaining goods by
212; pledging
false pretenses,
property, 138; possession of stolen property,
274.

Lewdness. notorious cohabitation, 370.
Libel and Slander, advertisements, 314; condi-
tional privilege, 98; corporations, 274; just-
fication. 158; opprobrious libelous epithets,

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