INDEX TO NOTES.
(The General Index follows this.)
Public purposes for which money may be
appropriated or raised by taxation; sup-
port of schools; public buildings, parks,
and improvements; celebrations; public
entertainments; relief or loans to citizens;
protection against fire or disease; furnish-
ing soldiers; expenses relating to corpo-
rate existence; payment of moral obliga-
tions; aid to business corporations or
enterprises; aid to railroads; rewards for
criminals
Arrest. See MASTER AND SERVANT.
Assault. See also MASTER AND SERVANT.
Intent as an element of simple assault or
assault and battery; accidental or reck-
less injuries
In recapture of property; when force al-
lowable; when not allowable; prior de-
mand; degree of force
Assessments. See PUBLIC IMPROVEMENTS.
Assignment; assignability of cause of action
for personal tort; test of; illustrations; the
Iowa rule; effect of verdict; conclusive-
ness of survivability as a test
Liability of passenger carrier transporting
merchandise intrusted to it by passenger 515
Extraordinary unloading of livestock in
transitu
Carrying on business; what constitutes
Carrying weapons; constitutionality of
laws restricting right
Celebrations. See APPROPRIATIONS.
Champerty; champertous contracts of lay-
men; for the prosecution of suits; for the
defense of suits; contemplated litigation
as an element; effect of interest; relation-
ship
Collateral champerty as a defense
Charitable uses; municipal corporation as
trustee of
Effect of subsequent incorporation to make
valid a gift to an unincorporated associa-
tion; future incorporation provided for
or contemplated
Cohabitation. See HUSBAND AND WIFE.
Commerce; interstate; peddlers and drum-
mers as related to
Compromise. See EXECUTORS AND ADMIN-
Constitutional law. See also MASTER AND
SERVANT; STATUTES.
(1) Equal privileges and immunities; powers
of Congress; equal accommodations; who
entitled to equal privileges; extent of
right generally; traveling; as to sexual
relations; right to vote and hold office;
right to be jurors and witnesses; school
privileges: right to practice professions;
commercial and business privileges gen-
erally; property rights; taxation; as to
litigation: (2) equal protection; general
rules; rights of aliens; police power; as to
property; as to punishments and liabili-
ties; as to courts and proceedings; corpo-
rations: (3) unjust discriminations; as to
attorneys' fees
As to restricting right to carry weapons
Contracts; effect of intervening impossibili-
.ty to perform as a relief from the obliga-
tion; governmental interference; carriers'
contracts; destruction of subject matter;
contract of employment; effect of sick-
ness or death; other instances
Distinction between sales of personalty
and agreements for work and labor, un-
der the Statute of Frauds; tests and rules;
special orders; manufacture of ordinary
articles not according to special direc-
tions; finishing articles already in exist-
ence; for crops to be raised; for timber to
be cut or for logs
Agreement to pay money or give property
after the death of the promisor; agree-
ment for bequest or devise; right to
change will as affected by contract; effect
on right to transfer property during life;
what constitutes agreement to give prop-
erty by will; enforcement of contract
against estate of decedent; effect of Stat-
ute of Frauds; effect of part performance;
will as part performance
Corporations. See also CHARITABLE USES;
Powers of president and vice-president of;
as to contracts generally; effect of express
provisions to limit authority; as to bor-
rowing money; as to drawing or paying
checks; as to making notes; as to transfer
of negotiable paper; as to employment of
agents; as to mortgages; as to transfers of
property; as to admissions and representa-
tions; as to settlement or surrender of
claims; as to litigation and employment
of attorneys; powers of vice-president
Corpse. See BURIAL.
Costs; personal liability of executors and ad-
ministrators for
Counties; as trustees of charities
Courts. See also OFFICERS.
Residence or citizenship of corporations for
purpose of federal jurisdiction in State
other than that where created; adoption
or new incorporation; consolidation with
domestic corporation; residence; an "in-
habitant" where; where "found" under
Act of 1875
Criminal law; suspension of sentence for
good behavior; conditional pardons; what
conditions allowable; acceptance; compli-
ance with condition; construction; breach
of condition; how forfeiture enforced;
parole of prisoner
Eminent domain; injury to abutter's ease-
ments of light, air, and access by vacating
street, changing grade, etc.; vacation of
street; changing grade; rule in Ohio and
Kentucky; grading to cross bridges or
railroads; obstructing or destroying street 370
Injury to abutter's easement by railroad in
street; easements regarded as property;
when easements attach; easement of ac-
cess; what is a taking; when the taking is
incomplete; the Minnesota rule; the Mis-
sissippi rule; easements of light and air;
damages
For what purposes the flowage of lands
may be authorized by statute
Evidence; power to compel plaintiff to sub-
mit to a physical examination in suits for
annulment of marriage; in civil suits gen-
erally: as to examination before trial; at
the trial; application of the rules; manner
of enforcing the power and effect of dis-
obedience
Presumption from failure to produce
Presumptions flowing from marriage cere-
mony; general rules; burden of proof;
presumption of license, etc.; presumption
as to authority of celebrant; presumption
as to death of former partner; presump-
tion of divorce; proof of former marriage
to overthrow second one
Excessive verdicts in suits for damages for
personal injuries
False imprisonment. See MASTER AND
Landlord and tenant; hability of as-
signee of leasehold for rent; of equitable
assignee; ground of liability; necessity
for possession; necessity for a valid as-
signment; how assignment may be estab-
lished; extent and duration of liability;
methods of terminating liability; suffi-
ciency of assignment; effect of subsequent
assignment; remedies of lessee against
assignee; form of remedy; use and occu-
pation
Responsibility of landlord for injuries re-
sulting from defects in portions of the
building remaining in his possession; duty
to rebuild or repair; duty as to hallways,
stairways, etc.; duty as to sinks, water-
pipes, etc.; duty to repair roof; duty as
to side walls
Liens; mechanics'; when superior to earlier
mortgages; unrecorded mortgages; when
mortgage is prior or earlier in time; mort-
gage for advances; purchase money mort-
gages
Life insurance. See INSURANCE.
Limitation of actions; revival of barred
debt by application of general payment
Local improvements. See PUBLIC IM-
Malicious prosecution. See MASTER AND
SERVANT.
Malpractice. See PHYSICIANS.
Mandamus; to compel payment of munici-
pal debt by custodian of municipal
funds: rule where audit is conclusive;
statutory changes permitting enforce-
ment of ministerial duty; cases in which
writ may issue; defenses; irregular or
insufficient audit or warrant; absence of
funds; fraud or illegality of claim; wrong
claimant; other defenses
Manufacture; what constitutes; manu-
facturers; manufacturing companies;
newspapers and publishers; manufactured
articles
Master and servant-continued.
Liability of master for assault by servants;
by carrier's servants upon passengers;
during transportation; effect of passen-
ger's misbehavior; insults; threats; ob-
scene language; by servants of sleeping
and palace car companies; where assault
results in death; remedy in rem
Liability of master for false arrest, impris-
onment, or malicious prosecution by serv-
ant; liability of corporations for mali-
cious prosecution; in civil cases; munici-
pal corporations; by servants employed
for police duty
Exceptions to the rule that an employer is
not liable for acts of an independent con-
tractor; blasting; in unlawful work; for
direct result of contract; effect of duty
imposed upon principal in respect to the
work; application of this principle as to
duty, to municipalities; work constituting
a nuisance; work done under franchise,
permit, or license
Mechanics' lien. See LIENS.
Mills. See EMINENT DOMAIN.
Money. See APPROPRIATIONS.
Marriage. See HUSBAND AND WIFE.
Presumption flowing from ceremony, see
EVIDENCE.
Officers. See also MUNICIPAL CORPORA-
statutory limit of jurisdiction; issuing
warrants, attachments, etc.; errors oc-
curring after acquiring jurisdiction; en-
forcement of authority; contempt; con-
flicting with higher court: malice or
impure motives; officiousness; intermed-
dling; corrupt use of authority; proceed-
ings after judgment
Vacancy by death of officer elected before
his term begins
Pardons; conditional; what conditions allow-
able; acceptance; compliance with con-
dition; construction; breach of condition;
how forfeiture enforced
Parks. See APPROPRIATIONS.
Parole; of prisoner, see CRIMINAL LAW.
Payment. See LIMITATION OF ACTIONS.
Peddlers and drummers; as related to
interstate commerce
Peddling; validity of ordinances regulating 100
Physical examination. See EVIDENCE.
Physicians; liability for malpractice when
serving gratuitously or employed by third
party
Pleading; extension of time by Sunday
President. See CORPORATIONS.
Presumption. See EVIDENCE.
Principal and agent; agent's power to
use property of his principal for payment
of his own debt: on sale of property; on
collections; pledging property
Property; recapture of, by force, see As-
Publication; of official notices in foreign
language
Public buildings; improvements and en-
tertainments, see APPROPRIATIONS.
Public improvements; bribery by offer
to public to obtain
Necessity of special benefit to sustain
assessments for: legislative discretion as
to rule of apportionment; charging bur-
den of street improvement on abutting
lot directly
Public trial. See CRIMINAL LAW.
Railroads. See also NEGLIGENCE.
Aid to, see APPROPRIATIONS.
When injury to livestock is done "by" or
"caused by" railroad train or engine,
within the meaning of statutes on that
subject
Real property. See RECORD.
Record; of title; index as part of; of judg-
ments; of lis pendens; of attachment; of
deeds and mortgages; necessity of; suffi-
ciency of
Relatives; or relations; who are; by blood;
by affinity
Release. See EXECUTORS.
Relief; of citizens, see APPROPRIATIONS.
Rewards; for criminals, see APPROPRIA-
TIONS.
Sectarian institutions; public aid to
Seduction; loss of service as an element in
actions by father; general rules; the law
as administered in England; the Ameri-
can rule of constructive service; actual
service; relinquishment of right to servi-
ces; relation must exist at time of seduc-
tion; when the child is of full age; what
service is sufficient in case child is of age;
what impairment of serving power must
be shown; construction of statutes
Self crimination. See CRIMINAL LAW.
Sentence; suspension of, see CRIMINAL LAW.
Sickness; effect to relieve from contract
Sidewalk. See HIGHWAYS.
Soldiers; public aid in furnishing, see AP-
Statute of Frauds. See CONTRACTS. Į
Statutes. See also ACTION.
Withdrawal of bill from governor
Consideration of extrinsic evidence to show
unconstitutionality of; statutes incorpor-
ating counties or towns; statutes attacked
as local; apparent exceptions to the rule;
statutes affecting private rights
General; must be enacted where applicable:
legislative discretion
Implied sanction of evil by
Sunday. See TIME.
Sunday labor; commercial transactions:
to prevent loss or injury; agricultural op-
erations; other secular employments; to
save time; decisions affecting carriers;
procuring subscriptions; making will;
miscellaneous decisions; English deci-
sions
Suspension of sentence.
Taking; what is, see EMINENT Domain.
Taxes; purposes for which authorized, see
APPROPRIATIONS.
Time; extension of time when last day falls
on Sunday: rule as to contracts; as to bills
and notes; time for pleading; statutory
time; change of rule by statute; for re-
demption; for court proceedings
Town. See also APPROPRIATIONS.