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PAGE.
... 126

........

York

BAR ASSOCIATION - Continued.

increase in numbers of.. ..............
influence of Illinois....
order of exercises for annual meeting of New

State . .... .. . . .... . .
privileged communications of members of..
prize essays...........................
proceedings of New York State......
reasons and necessity for forming..........

(see New York State Bur Association.)

BOOK NOTICES - Continued.

PAGE.
Townshend's Law of Slander and Libel.... ... 306
Tyler on Partnership .....

339
United States Reports, Vol. 94 ...

338
Wait's Actions and Defenses...

:305
Weeks on Mineral Lands .....

246
Wilbur on Insanity...........
Williams on Executors .....

138
Wisconsin Reports, Vol. XLL.

...... 170
Wood's Folkhard's Starkie on Slander and Libel .....
Woodman and Tidy's Forensic Medicine............ 305

107

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354

BARBOUR'S DIGEST

IS T ......................... 285,00
BARON BOWSE as a judge in criminal cases....... 92
BASTARDY- Defendant not entitled to benefit of

reasonable doubt....... . ...... ................... .. 15
BAXTER, Hon. John, judicial nomination of, con-

firmed ..
BENCH AND BAR.. 137, 154, 336, 353, 376, 395, 439, 457
BENGAL JUDGE - Startling and curious decision

01, as to m urder.. ....................................... 20
BIGAMY-What constitutes ; cohabitation not neces-

sary.... . ..................... .... ....................
BILLS OF EXCHANGE – International code of, 290
BILLS OF LADING:

conditions in bill not conclusive: mistake in quan-

tity of goods named in as shipped.
priority of lien ; stoppage in transit ....
transfer of; rights as between transferee and unpaid
vendor; stoppage in transit....

151
BONDS (see Municipal Bonds).
BOOK NOTICES:

Abbott's Forms, supplement to
American Law Review..............
Angell on Carriers ........

287
Angell on Watercourses, 7th edition....

306
Barbour's Digest of New York Reports ...

189
Annotated Pocket Code.....

.......... 38.

210
Benjamin on Sales ........
Bennett's Fire Insurance cases.

267
Bliss' Annotated Code ...
Blunienstiel on Bankruptcy ......

459
Bigelow on Fraud....

478
Bump on Bankruptcy, 10th edition

306
Bump's Composition in Bankruptcy
Burroughs on Taxation .

3535
Chaille's Medical Jurisprudence ....

.... 373
Chamber's Index to next of kin.....
Clemens on Corporate Securities .....

247
Coddington's Digest of Trade Marks
Comyns' Abstracts of Title........

398
Cooper's Reports, Vol. II.,
Cox on Cominon Law Practice .....
Crary's Practice in Special Proceedin
Crary's Special Proceedings....

356
Dahlgren on Maritime Law....

227
Digest of International Law...

266
Field on Corporations..........

458
Frank on the Bankrupt Act...,

439
Freeman on Void Judicial Sales ...

246
General Statutes of New York for 1847...
Heron on Jurisprudence.........

227
Hilliard's American Law....

373
Hoadley on Roman Law Procedure....

373
Indiana Reports, Vol. LIII...
Kansas Reports, Vol. XVII ..........

1.A V I .... ..... . .....
Keiley's Insolvent Assignment ..

286
Lascelles on Purchase and Sale of Horses..
Lowell's Decisions, Vol. II
Lyon & Redman on Bills of Sale........
Maine Reports, Vol. LXVI.....
Maryland Reports, Vol. XLIV.
Massachusetts Reports, Vol. C
May's Stephen's Digest .......
McArthur's Reports, Vol. II ...
Minnesota Reports, Vol. XXII......
Mississippi Reports, Vol. LII.....

139
Mitchell on Contracts for Sale of Land.
New Hampshire Reports, Vol. LVII.. ..
New York Code of Civil Procedure......

75
Norris' Reports, Vol. I...........
Notaries' Journal.........
Notaries' Manual.........
Parliamentary Blue Buok...
Parsons' Annotated Pocket Code......

210
Proffatt on Notaries.....

170
Redfield on the Law of Wills, Vo
Redfield's Reports, Vol. II.......
Riverta de Disciplini Carcerarie.........
Russell on Crimes............................
San Francisco Law Journal ....

228
Smith's Elements of the Laws....

306
Smith's, P. F., Reports, Vol. XXXI.... ..

355
Stanton's Rentucky Digest......

398
Stephen's Digest of the Criminal Law...
Texas Court of Appeals Reports, Vol. I...

459

323

BROKER:

earning of commission; proximate cause ; "in con-
sequence of".....

..... 187
services of, in exchanging real estate. ........ .. .. 159
BRYANT, William Cullen, as a lawyer ............. 248
BUILDING subscription cannot be enforced by action 251
BURIAL- Right of cemetery association to make
rules as to rights of lot owners ...

...........
CALIFORNIA CODES S....
CAPITAL PUNISHMENT:

abolition of, in Belgium.............................

England and Maine .................
CARRIER:

action to recover value of trunk and contents..
carrier may limit liability by contract; non-delivery
does not constitute conversion ....

(see Contract.)
delivery by, to connecting line ......
of animals, liabilities of ....
of goods, carrier may limit liability : assent of

shipper to contract limiting liability necessary :
carrier cannot contract against his own negligence;
goods shipped over connecting lines; what receiv-
ing carrier undertakes: stipulations relieving car-

rier from liability; damages ; rule as to......
special contract cxcluding liability except for will-

ful misconduct; delivery of goods to wrong per-
son .................... ... .. .

.... ... . ... 396
stipulations against liability in contract; general
words do not include negligence of carrier; lia-
bility as to animals carried......
Cal led...... . ....... . .... 48

431
when contract as carrier terminates..
of passengers:

accident; disorderly person ; evidence; negli

gence: order; railway company......
liable for unnecessary violence toward passen-

wers by servant; unauthorized violence while

acting in scope of employment ..
duty of, as to protecting passengers from assault 23
railroad company owning two lines between
same terminal points, need carry only over

shorter one. ...........
right to enforce payment of fare ; ticket wrong-

fully taken up........
railway company; by-laws; passenger failing to

produce ticket; demand of fare ; penalty or
forfeiture.....

* (see Attachment; Common Carrier.)
CASES REPORTED IN FULL:
Adams v. Mayor:

State taxation of National Banks.... ............ 416
Albany & Boston Mining Co. v. Auditor:
collecting taxes not restrained from legal in-

formalities......
Atlantic Mutual Life Ins. Co., matter of:

bankruptcy of corporations; when policy-hold-

ers corporators...............
City of Lansing v. Toolan:

municipal negligence.... ................... 164
County of Cass v. Johnson :

municipal subscriptions in aid of railroads...... 433
Crapson v. Smith :

State legislation affecting patent rights..........
Dickson v. Reuter:

liability of telegraph companies...............
Doyle v. Harris :

specific performance........................
Durfee y. Jones:

the rights of a finder of lost property........
First National Bank of Rochester v. Pierson:....

Purchase of notes by National banks...........
Gilbert Elevated Railroad, matter of

constitutional law ; railways in streets. .........

58

...........

59

107

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CASES REPORTED IN FULL-Continued. PAGE.
Globe Insurance Co. v. Wolll :

conditions Iffe insurance policies; waiver of,

by insurer and by agent.....................
Good v. Martin:

indorsement of promissory note by stranger be-
fore delivery....

........ 310
Hudson v. Solomon:

evidence in election cases..........
Magrath v. Finn:

privileged communications; words spoken from

the pulpit........
Mayor of B. V. Allen:

liability of acts impairing lateral support........ 410
McHenry v. La Societe:

jurisdiction of State courts as to mortgage made
by bankrupt.......

.... 39
Mynard v. Syracuse:

liabilities of carriers of animals....... ......... 471
New Jersey v. Yard :

State legislation impairing the obligation of

contracts,......................... ...............
Outbank v. Lake Shore:

limitation of easement by acts of grantee....... 428
Peyser y. Mayor of New York

when payments upon illegal assessments recov-

erable....
Phænix Insurance Co. v. Pechner; Armory v. Ar- ***
mory:
removal of causes from State to Federal
courts ........

............ 392
Pratt v. Grand Trunk Railway Company :

delivery by common carriers to connecting line.
Russell v. Weinberg:
deficiency on foreclosure sa when mortgagor

not liable for.........
Sattomayor v. De Barros :

lex domicilil and marriage.
Savings Bank v. Parmelee:

accommodation indorsement by bank...........
Seaton v. Scoville:

stipulation allowing costs of collection in prom-
issory notes ....

... 148
Seldon v. Trust Company:
what constitutes a banker under the revenue

laws .............. ......... ............ ........
Sessions v. Johnson:

judgment for torts - joint and several wrong-

doers .............................
Spice v. Bacon:

Inn-keeper - liability for loss of property of

guest. ........
State v. Hoskins:

proceedings against Federal offeers in State

courts....... ... ......... ......................
St. Joe v. Smith:

State courts and receivers appointed by Federal

courts...
Swaingon y. Northeastern R. R. Co.:

employment of servant by joint masters......... 261
Tobey v. Wood :

infancy and ratification....
Williams y. Briggs :
mortgage on property not in possession of mort-

gagor ......
Woods v. North:

non-negotiable promissory notes.... .......
Wyatt v. Watkins:

mortgage of crop to be planted.....
CASHIER of bank not presumed to have power to

bind bank as accommodation indorser of his own

promissory note..
CENTENNIAL:

anniversaries, celebration of..........................

law..
CENTRAL LAW JOURNAL on excessive legal
fees

.................
CERTIFICATES OF DEPOSIT (see Promissory

Notes).
CHAMBER OF COMMERCE of the State of
New York, charges and specifications against official

arbitrator of ...........................................
CHARITABLE INSTITUTION (see Covenant).
CHATTEL (see Personal Chattel).
CHATTEL MORTGAGE:

can thing not in esse be subject of ....................
construction of danger clause .....
mortgage on vessel ; title to vessel; what is not.....
mortgage void as against creditors; right of admin-

istrator of mortgagor as to; unpaid legacy pot

subject of.....
to secure future debts and upon goods to be acquired

void ...... ............................................
upon after acquired property; title of mortgageo ..
validity of, given to secure antecedent debt.......
estoppel of mortgagee as to creditor................

.... 385

CHICAGO:

PAGE.
divorce lawyers
Law Institute ..

......
Law Journal.......
CHINESE TRIALS.
CHRIST and the lawyers ................... ........
CHRISTIAN, Jonathan ...............................
CITIZENSHIP of corporations......................
CLOUD ON TITLE-Deed from husband to wife,
CODE OF CIVIL PROCEDURE:

arrangement of......
comments on......
constitutionality of........
critics of....... ....................."*""
criticisms on...
don't repeal all of old Code......
grammar of..........
merits of...............
objection to competency of witnesses...........
rules of practice under...
service of summons by publication of.....
service of summons on party without the State....
necessity for new text books.....

undertakings.........
CODICIL - Mistaken date; revival of previous will.. 90

(see Will.)
COLLECTING AGENCIES acting as attorneys

and counselors........
COLLISION (see Shipping).
COLORADO - Breaking up courts in................. 441
COMMERCIAL LAW - What is not tax on com-

m erce.... .. ...................
COMMERCIAL PAPER - Indorsement of non-

negotiable, by one not party............................ 44
COMMINGLING OF GOODS-Mixing of arsenio

and salt by carelessness of seamen........
CONFLICT OF LAWS:

between State and Federal courts ...................
divorce ; ultra vires....................................
husband and wife; curtesy: W

statute O
frauds ...
law passed for one purpose useful to accomplish

another ....

place of contract as applied to note and mortgage..
CONGRESS:

extra session of ....
large amount of business before.........

310
progress of business in .....

342
v. Courts...........

378
CONSIDERATION - What sufficient to support

contract; submitting to suspension from board of
brokers; when agreement not void for want of mutu-
ality......................

........ ........ 413
CONSTABLE- Killing of, by a woman in Chicago.. 462
CONSTITUTIONAL LAW:

act requiring corporation to waive citizenship un-

constitutional ; corporation citizen of State when
created; foreign railroad corporation; removal of

104
act requiring license to employ laborers to work out

of State valid..........
amendment of 1875 as to railroads in streets; does
not affect franchises already granted ; street steam
railways ; non compliance with corporate charter:
waiver; sovereign only can enforce forfeiture of
charter of corporation; rapid transit act; section
36, chap. 606, laws 1875, not unconstitutional; pro-
visions contained in section 36, chap. 606, laws of
1875, general..........

243
appointment of commissioner to act as surrogate

under 2 R. S. 80, 8 54, not an appointment to a pub-

lic ofice..................................... .....
law impairing obligation of contract; change of

remedy ; substitution of one remedy for another

Dot a violation of the constitutional provision....
law impairing obligation of contract; what is not.
laws 1800, chap. 501, forbidding dramatic representa-

tions in New York city on Sunday valid : act men-

tioned does not infringe on right of worship...... 70
legal tender act.......
power of legislature to control corporations; requir-

ing railroad company to erect bridge for highway

crossing track.....
power of legislature to change from one public use

to another.........................
rapid transit case ....
regulation of inter-State commerce; liability of

owner of vessel ; statutory construction....
relation of United States to each other as modified

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CONSTITUTIONAL LAW - Continued. PAGE. CORRESPONDENCE:

PAGE.
by the war and the constitutional amendments, 234 Appeals to the Court of Appeals.....

254, 277, 295 Barbour's Digest of New York Reports....
restraining right of petition. .

..................... 244

Constitutionality of the New Code.....
statutory construction ; title to local act not em-

Contracts extending payment between mortgagee
bracing provisions ; delegating legislative power:

and vendee of mortgagor...........
amendments to general excise law; when not ap-

Conviction of John Bowman....

........ ... 398,
plicable....................... ........... ..... 203, 204

Critics of the New Code...........

190
street railways in cities; constitutional amend.

Digest of New York Reports.....
ments, 1875'; New York'Elevated Railway; Laws

Effect of Corporate By-Laws upon Strangers.........
1875, chap. 606, S 36 ; vested right not affected by

Grammar of the New Code......

459, 479
constitutional amendments ; contract for benefit

Hint to Authors ......

190
of separate estate; misappropriation of loan for

Hint to the Governor...

139
beneät of estate.......

New Code.....

"**io7. 171, 308
street railroad; Matter of Gilbert Railroad Co..... 204 New Rules Governing Admission to the Bar...

307
tax on receipts of railway company; exemption of

“Old Fogy Again," ..
corporation from taxation by clause in charter;

Queries .....
what not violation of agreement for exemption... 418 Text-books for Students........
what is not a tonnage tax; object of forbidding

tondage tax; what prohibition applies to ; cases COURT OF APPEALS OF NEW YORK:
distinguished ; such ordinance not a regulation of

adjournment of ........
commerce................

... 391

business in............:

reports, contract for publishing.....
CONTEMPT:

how to prevent accumulation of business in...!
commitment by bodies other than legislative or judi-

increase of business of....
cial ..
fighting in court................

COSTS:
interference with receiver operating railway.. ...

extensive bill of.....

........ . Ort

in appeal from surrogate's decree; when payable
CONTRACT:

out of estate....
agreement void for uncertainty.........

when not allowable out of estate of decedent in liti-
burden of proof; failure of sale through acts of

gation over will ....
vendor; personal services, payment for, condi COVENANT :

tioned on sale of realty.......
cancellation of written agreement relating to land;

to use building “as and for a private residence
breach of contract; measure of damages in con-

only;" charitable institution ; injunction ; costs
tract relating to realty; action by builder; archi-

of unnecessary affidavits .......

:: .. ... 396, 480
tect fraudulently withholding certificate ; collus-

construction of; land sold for particular purpose .. 480
ion with builder's employer......................

for beneat of third parties; when enforceable ...... 38
consideration; inutuality.. ..............

(see Real Estate.)
construction of; for joint adventures.....

CREMIEUX, M., exordium of... ..................
sale of goods; what constitutes agency...
sale of invalid patent right; rescission.......

CREDITORS' BILL (see Parties).
(see Patent Right.)
sale of newspaper: good will .

CRIMINAL EVIDENCE:
contracts made under Confederate laws.........

accomplice
extending payment between mortgagee and vendee

existence of secret organization to establish motive, 34
of mortgagor................... .

homicide ; opinion as to danger to life .. ...

...... 10

105
for personal services; failure to perform through

meaning of motions of a wounded man ; expert tes-
inability of party performing..
I party perrorming...................... 870

timony...................
illegal contract; lottery; part performance; revoca-

(see Evidence).
tion.............................
in restraint of trade, what is not......

CRIMINAL LAW (see Criminal Evidence).
liability of principal on sealed contract...

burglary; entering bank at solicitation of detective
mercantile contract; construction; "

in charge ............
Brown-Kelley case .....

480
ing March April;" evidence of mercantile

cessante ratione lex cessat; unlawful marriage
commutation of sentence for murder .....

480
note made on Sunday...

compelling prisoner to furnish evidence, etc...
(see Damages.)
conspiracy; partnership .........

......
of incompetents......

embezzlement; receipt by servant on account of
ratification of void contract; agency; effect of re-

.............. ............
ceipt........
..........

evidence; testimony of detective, what credit to be
............ . . 100
sewing machine contracts.......

........... 192,

given to; character of evidence admissible to
State legislation impairing obligations of ..

prove motive for crime; connection of prisoner
wager; lease how affected by...

with criminal organization.......
waiver: work not done in accordance with contract. !

false pretenses ; evidence of pretenses ; malicious
what necessary to constitute implied contract with

injury to property ; 24 and 25 Vict., c. 97, 8. 41:
United States .....

placing poisoned fish in inclosed land ; 27 and 28
(see Carrier ; Conflict of Law; Constitutional Law :

Vict., c. 115, s. 2.........
Fire Insurance; Life Insurance; Specific Per-

former conviction, when not bar to subsequent pro-
formance).

ceedings ..........
prisoner refusing to plead. ...

.... ........... ........
CONVERSION - Obtaining possession of note for

rape; consent; submission; carnal connection under
purpose of destruction; when demand not necessary

pretense of surgical operation.
before action.

reconsideration of sentence .....

re-trial of criminals convicted without gounds of
CONVEYANCES - Voluntary, by weak minded.

error .............
persons; laches ........

seduction under promise of marriage; evidence;

direction to witness to tell her own story; preg-
CORPORATE BONDS (see Municipal Bonds).

nancy of prosecutrix; supporting evidence ; rele-

vancy of; what necessary....................... 116, 117
CORPORATE BY-LAWS-effect of, on strangers 399 Stephen on............................................

Victor-Parquet case............
CORPORATION:

youngest person ever convicted of murder in New
authority of president to employ agents may be in-

York ................

... 398,
ferred from nature of business of corporation,

*(see Arson; Former Convictions; Trial)*** 080
etc. ; receiving benefit of agent's services amounts
to ratification of contract of hiring : implied con CRIMINAL PLEADING, election ...............
tract to pay for services performed for corpora-
tion; what necessary to bind corporation ........ 33

CROSS-EXAMINATION, dangers of... .........
citizenship of ..........
LOUIS P 01 .......... .......

.... ........ . ........... 014 CROWEL, alias Galinsky, case of....................
corporation not citizen ; foreign corporation may

carry on business only by legislative consent ; priy CUMULATIVE SENTENCES...................

ilege of carrying on business not property.........
Lake Shore, etc., Railway ompany not a foreign

DAMAGES:
corporation; examination of transfer books by

consequential, fire occurring through negligence or
stockholders. ....

misconduct...
public corporation not liable for act done ultra vires, 38 in actions for recovery of personal property....
special charter; insurance company; ultra vires; re-

introduction to a proposed Treatise on ........
insurance

measure of; diversion of water of stream.........
(see Bankruptcy; Constitutional Law; Evidence.)

measure of, in breach of contract......

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EMPLOYER:

PAGE.
taking bond for good conduct of employee..........
ENGLAND:

a notable will case ............
abolishment of capital punishment in...
block of business in courts of ...........
British Social Science Association ....
dereliction of detective police inspectors..
Incorporated Law Society of United Kingdom
indexing statute law of..........
knowledge of law among lower classes of...
law reporting in........
lawyers and law journals of, on advertising
lawsuit between Englishmen decided upon Turkish

law...........
leading cases decide
legal notes from ....
legal notes from abroad..
London litigation
Lord Justice Christian......
masonic rules in courts ....
mis-delivery of telegraphic message in.....

378
new law courts ...

40
clothing to be worn by judges and lawyers on red-

letter days .......
obligations of masters for injuring servants whilst

in service ............... .. .... ..... .... ..... .
Penge murder case......

260,
revenue to, from litigation ...

20
salvage question ; Cleopatra's needle..
Stephen on criminal law......

448
trial of detectives in..........

375
trial of London detectives...

406
trial of Mr Bradlaugh and Mrs. Besant ..

271
trouble with new system of procedure
Old Bailey, description of........
work in parliament of ..
York wills, number of ........

125

DAMAGES-Continued.

PAGE:
municipal negligence, City of Lansing v. Toolon... 164

trespass; coal mine; remoteness of damage ....... 303
(see Contract; Indian Country; Master and Servant;

Negligjence.)
DAVIS, J. C. Bancroft, judicial appointment of, con-
firmed.

............................ 441
DEAD-LETTER LAWS......... .............. 232, 340
DEED:

construction of; condition precedent and subse-
quent ............

................ 3
covenants in, as to character of buildings on land

conveyed ................ ...... ................
delivery of deed, what constitutes .....

(see Conveyances ; Mortgage.)
DEFENSE, of orders of military authorities in ac-

tion for trespass .......
DEMURRAGE belongs only to master of vessel;
when not due .............................

............ 103
DEMURRER, frivolous.....

...........
DESCENT:

lands descend at once to heir; rents; right of ad-

ministrator ......................................... 58

law of...................................... ... .......
DEVASTAVIT, when administrator not guilty of.. 66
DILLON, JUDGE:
criticism of decisions of.....,

...94, 126
criticism of opinions of.....

.142, 172
and his accusers...

........212, 289
DISTRIBUTION, damages under Lord Campbell's

Act and Amendment Act, 9 and 10 Vict., c. 93 ; 27 and
28 Vict., c. 95, s. 2; payment into court ; mode of dis-
tribution among widow and children of deceased.... 188
DISTRICT OF COLUMBIA, litigation in.......

reorganization of courts in
DIVORCE:

counter-charge; when adultery of plaintiff not bar,
end of divorce business in Utah...

214
status of wife after decree nisi for dissolution of
marriage, and before decree absolute .....

396
privileged comminunication in divorce suit.....

........ ... 3:

27
DOCTORS; which to have precedence
DOG DAYS, law for.

..........
DOWER:

ante-nuptial contract designed to bar dower right.. 226

in property sold by assignee of husband....
DUE PROCESS OF LAW; taxation; McMillan

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ENGLISH BENCH- Major and minor scandals.. 347
ENGLISH AND FRENCH JUDICIARY -

Comparisons beween ..........
ESCROW-Conditions upon which escrow was to be

delivered probable by parol; what does not constitute

escrow; when deposit of deed is not in escrow........ 394
ESTOPPEL-When holder of chattel mortgage es-
topped from setting up sarne against creditor. ...... 395

(see New York City.)
EVIDENCE:

accomplice...
admission of evidence upon appeal to support judg-
ment ..........

413
book account; copies from original entries.....
compelling prisoner to furnish ........

459
in election cases, Hudson y, Solomon .......
lost voucher, willful destruction of, by party..
of pecuniary condition, when inadmissible....
opinion of witness as to value; when opinion ipad

missible......
parol to contradict deed............................
proof of partnership; reputation not sufficient..... 104
proving crime by retrospective view of character...
suicide as evidence of iusanity...
survivors as witnesses for themselves.........
testimony sustaining accomplice....
to sustain credit.......................
tone of voice; parrot................

......... 13
what presumptive evidence of ownership of stock

in corporation; what conclusive evidence of own-
ership; judicial records, of bankrupt court; in

United States District Court.....
writing not contemporaneous; when inadmissible.. 389
(see Criminal Evidence; Criminal Law; New York

City.)
EXCISE LAW (see Constitutional Law).
EXECUTION of judgments, and orders of foreign
courts...

........... 2550
EXECUTIVE OFFICIALS, privileges of, as to

testifying....... .................................. 27
EXECUTOR-a man his own executor. ... ........ 192
EXECUTOR AND ADMINISTRATOR -ex-
ecutor continuing business of deceased; liability of
estate; estate not subject to liability incurred in pros-

ecution of business by executor..................... 105
EXEMPTION FROM EXECUTION:

musical instruments of musician. ............ 224
EXTEMPORANEVUS SPEAKING...........
EXTRADITION:
embezzlement.

.............
international...
letter from William Beach Lawrence on

on. ...... 381, 405
under bankrupt law...

. 57, 478

DUFFY, police justice, charges against... .............
DUNCAN, SHERMAN & CO., certain convey-

ances 01, set aside........................ ........... . 114
DURESS, what does not constitute; payment of
money to Confederate officer in compliance with Con-

federate law........
EASEMENT :
approvement against common of pasture; common;

evidence of custom of manor; right of lord of
manor to grant leases for brickmaking ...........
eavesdrop, right of, not acquired by adverse user...?
grant of right to lay water-pipe; general terms of

grant made definite by subsequent acts of grantee, 389
liability for acts impairing lateral support.

410
limitation of, by act of grantee.....

4:28
obstruction of lights; contract.

1:20
subjacent support...........
what is not; what is not appurtenant to la

243
(see Contract.)
ECCLESIASTICAL LAW:
clergyman's dress........

....................

159
interesting case in....... ................. ........ 357
ELECTION, votes cast at, presumed to be all the

legal voles............ .. ............................
evidence in election cases .....
ELECTIVE FRANCHISE, Dr. Spear's article on 272
EMINENT DOMAIN:
acquisition of lands by railway company; descrip-
tion of lands in petition......

................... 11
condemnation of land for railroad uses ; injunction;

payment a condition precedent; waiver ..
private property cannot be taken for use of private

persons; gold mining company; mining a public

Object........ ........ . ........ .................. .
rule as to appraisement of value; entry by railway

company before condemnation: present value of
land to measure damages ...

Li

.. .....
transfer by corporation of right to acquire land

under power of .................................... 185

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GILMAN, the forger, proceedings in bankruptcy.

against ............................................ 340
GRAND JURY:

previous opinion of, does not disqualify............ 135

controlling business of court..................... 41, 3
GRAY, Chief Justice; rides to court on horseback... 228

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PAGE.
FACTOR, what constitutes person factor and not
broker.

.......... 244
FALSE REPRESENTATION, contagious dis-

ease, animals infected with; sale in market; implied
representation that animals not suffering from disease;
conditions of sale

................ 152
FEDERAL criminal law, obstructing the mails ...... 224

judicial appointments.
officers in State courts, proceedings against; State v.
Haskin......
aski0... . .........

...

..... .............
FERRY, disturbance of ........

...........
FIDUCIARY DEBT:

what is not
FIRE INSURANCE:
assessment on premium notes.......

............ , 135
assessment; mutual insurance company; notice....
contracts interrupted by the war; effect of suspen-

sion of payments; duty of insured ; domicile; stay
law..

. .... . ................ 166
insurable interest; government tax; transfer of

ownership ....
waiver of condition of policy; condition that waiver

must be indorsed on the policy ; effect of parol
waiver: principal and agent; agent's knowledge;

how far principal affected ........................ 244
waiver of defense by company........

............... 153
conditions in policy .............................. 13, 415
delay in furnishing proofs of loss ; reasonable time

when question of law, when of fact; waiver, what
don't amount to; estoppel, rule when proofs of loss
are furnished in time as to defects; when proofs

are not in time.....................................
contracts by letter, when consummated; represen-

tations as to title and incumbrances .........
evidence; mistake in policy, effect of.....
exceptions from risk; proximate clause; military or

usurped power......
false statements by insured.......
insurance of interest of mortgagee; subrogation ;

owner of mortgaged premises prevented insuring

by actiof mortgagee; effect of..
loss caused by petroleum... ....
stipulation in policy: warranty; effect of statute as

to avoidance ; ownership ..

when contract for, consummated.................... 31
FISHERY commission ....

.............
FORCIBLE ENTRY AND DETAINER; what

constitutes; entry without forcible violence; forcible
detainer ..

................. ........ ............... 33
FORECLOSURE, when mortgagor not liable for
deficiency at; Russell v. Weinberg et al....

.. 164
(see Mortgage.)

HABEAS CORPUS:

discharge of bankrupt under; practice and plead-

ing; arrest for fraud. ..

when'writ denied for what not designed ............ 119
HANDLEY JUDGE, comments of, on exceptions

to referee's report..
HARLAN, JUDGE:

condition of, for United States justiceship..........

inducted into office... ..
HAWKINS, MR. JUSTICE, punctuality of .....
HIGHWAY:

fee of land of street: dedication and abandonment;

rights of original owner on abandonment......... 165
town bridges; adjoining towns; when one town not

liable to contribute for highway bridge built by

another..... .............. ............... .........
HOLIDAY – Docketing judgment on.............. 154
HOMESTEAD, mortgage of; interest of debtor's
wife..............

.: 152
*** (see Public Lands.) ****
exemptions; construction; legislative intent; fraud

in relation to dealing with homestead .......
under bankrupt law....

. 19, 119
HOMICIDE; right of attacked person to kill assail-
ant............

................... 58
HOUSES OF PROSTITUTION; licensing ..... 291
HUSBAND AND WIFE:
agreement between, to separate ..... ............

(see Married Woman.)
ante-nuptial contract; presumption as to; when
deemed invalid.......

nannot cut off
decree against husband for alimony cannot cut off

his creditors; homestead.......................... 15
ler domicilii and marriage; Sothomayor y. De Barros 469
wife cannot compel husband to account......

(see Action ; Bankruptcy ; Married Woman.)

.......

....

........

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38

ILLEGAL ASSESSMENT; when payment upon,

recoverable ; Peyser v. Mayor of New York.......
ILLINOIS judges, opinions of.....
State Bar Association, constitution of

(see Bar Association.)
IMPRISONED DEBTOR, discharge ; practice on

application for discharge; who may make order; ap-
peal............. ....................... ................
INDIAN COUNTRY, what territory is not; seiz-
ure of property by military officer on territory not In-
dian country; rule of damages ....

..... 214

477

FOREIGN JUDGMENT; judgment in courts of

another State, when not impeachable .............
FORGERY:

forging power of attorney as to shares of stock..... 251

forging; uttering .....
FORMER CONVICTION;

conviction by court having no jurisdiction.........
when a bar; plea of pardon .......

when not a bar. ......................
FOSTER, Mrs. J. Ellen, as a lawyer .................
FRAUDS:

knowledge of vendee; when sale fraudulent........ 69
organization of corporation; fraudulent prospectus;

non-disclosure of contract by promoters, meas-

ure of damages ; 30 and 31 Vict., chap. 131, 8 138....
what necessary to appear in action for false repre-
sentations and in action for conspiracy.....,

............ 413
(see Agency; Bankruptcy ; Laches : Negotiable Instrument.)
FRAUDULENT CONVEYANCE:
conveyance to wife... ........

............ 138
FRANCE appellate courts, unanimity in decisions of, 422

judges, arrogance of...
FUNDAMENTAL LAW, disposition to tinker
with

.. 141

INDORSEMENT:

collateral security; indorsement of note; when in-

dorsee not entitled to securities held by indorser:
right of indorsee does not resemble that of surety;

transfer of note carries collateral security with it
contract of, not disputable by parol .. .. .. ......... 321
extension of time to principal debtor:
dorser........ ... .......

......... 224
of paper by one not party ......

44
release of indorser by extending time of payment.. 333
waiver of demand and notice; what does not amount

to: what amounts to waiver of laches of holder of
note; consideration not necessary to give effect to
promise to waive demand and notice.............. 370

(see Promissory Note; Negotiable Instrument.)
INFANOY, right of mother to custody of female

child up to sixteen years of age; jurisdiction ..... 457
and ratification, contract upon two checks; Tobey
v. Wood.....

136
infant cannot exercise judicial functions............
INGALLS, MR. JUSTICE, assignment of, to ..
general term in first district.

.. 461
INJUNCTION (see Covenant).
INNKEEPER:

463

461

GAINES' SUITS..........

............. 21, 440
GAS COMPANY,liability of, for explosion of gas... 466

(see Negligence.)
GENEVA AWARD.........

............
GERMAN MARITIME COURTS............... 400
GIFT of check payable after donee's death ; bank

..... 1171

duty to provide entertainment; inn; reasonable ex-
cuse: traveler.... .......................... ........

.......................

book......................................................

11

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