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INNKEEPER - Continued.

PAGE. | LANDLORD AND TENANT:
liability of ; loss of property by guest; notice limit-

damages to cattle...........

...... 185
ing liability; 26 and 27 Vict., c. 41, ss. 1 and 3; con-

defective drainage.......
tributory negligence .........

........... 188

ejectment of tenant at sufferance ..
liability of, for loss of property of guests; Spice v.

lease of a furnished house; implied condition of fit-
Bacon .......................... ......... ............

ness for Occupation..............................
INSANITY; management of insane persons, in Great

liability of landlord for injury happening to stranger
Britain.........

during tenancy; liability of landlord for defective

........ 107
validity of contracts of .........

repair of demised house, negligence .......
contracts by insane persons when not set aside.......

rights of tenant concerning fixtures......
(see Juror.)

liability of landlord for injury to stranger...

(see Suretyship.)
INSTITUTE OF INTERNATIONAL LAW:

LARCENY, appropriation by finder of lost goods... 58
maritime law during war ..........

| LAW BOOKS, price of............ .................. 310
INSURANCE (see Fire Insurance; Life Insurance ; LAW OF NATIONS, association for codification
Marine Insurance).

and reform of...

......... 108, 212
INTEREST, when one receiving money paid by mis-

LAW for the dog days.

days..........
take, not liable for.

students' series ....
upon interest .....

origin of.....

· 420
INTERNATIONAL EXTRADITION .......... LAWYERS:

advertising by...........
IOWA courts, statutes and rules of........ .......

... ..........
as novel readers............

....... 400
State University ...................................

concealing facts from court ..........
IRISH judicial system, transformation of...........

disbarment of..............

340
judiciary..........

errors of western lawyers....
lawyer commences cause by throwing up brief..

excessive fees of, in New York ..
Reports, denunciation of ....

excessive fees paid to counsel

157
statistics ...........................................

female lawyers .............

generally honest ...
JOINT OBLIGATION: remedy at law against

queer will of...
survivors only; waiver by representative of deceased

taxing ..........
obligor.................................................. 321 warranting success in cases ..........
JUDGES in New York, salaries of.. .....

LEADING ARTICLES:
of Federal Supreme Court not entitled to mileage,. 290

Alterations of written instruments when presumed
JUDGMENT:

to have been made, and their effect..

64, 80
Arbitration as a Condition Precedent..

464
by confession; what a sufficient statement for; set-

Centennial Law..............

328
ting aside sale under execution; when pot proper, 389

Charles Sumner........::::
holder of subsequent lien on land affected by, may

Citizenship of Corporations.....
show amount due on.............................. 69 Contempt - Commitment by bodies other than
lien of, under Oregon law; docket entry......

Legislative or Judicial .......
purchaser of, without notice, takes subject to the

Contracts of Incompetents........
equities; neglect to record contracts affecting;

Dead Letter Laws.....
mortgage; redemption by junior mortgagee; effect

Extemporaneous Speaking............
of tender by holder of junior incumbrance... 333, 334

Indorsement of Non-negotiable paper by one not
when it creates no cloud on title: assignment under

party ........... ..........
State law set aside under bankrupt law............ 394

Interest upon Interest...
(see Laches ; Set-off.)

International Extradition..
for torts, joint and several wrong-doers.............. 299

Public Treasurers, Liability of
JUDICIAL CHARGE, as furnished by London

Reminiscences of Kent and Brougham...
Punch. ....
.........................

Rufus Choate ..
40

Some Recent Decisions--19 American, 112 ; 20 Ameri-
JUDICIAL OFFICERS, selection of higher....... 357 can, 160 ; 21 American, 382... ..

404

State Citizenship .....
JURISDICTION:

State Interference with Patent R
bonds of foreign government; property of govern-

Survivors as witnesses for themselves. ...
ment in hands of agent in England; pledge in

The Critics of the New Code..
favor of bond-holders: principal and agent .....

The Elective Franchise........

272
cause transferred from State court; amendment of

United States Citizenship. ..

.... 176
pleading after transfer .......

Voluntary Conveyances......
court of general; court of special.....

......... ....... 245
United States Court; stockholder in corporation ... LEASE:
French court refusing to exercise ....

agreements in ; when grantee of lessor not bound by;
in equity in actions for infringement; patentability

termination of ...

...... 117
of process. ..

notice to repair; negotiations for sale; suspension
judgment record of domestic court not conclusive

of notice: waiver..
as to .............

restrictive covenant by lessee; disposition by owner
of State courts as to mortgage made by bankrupt;

of two tenernents; easement; landlord and ten-
Molenry et al. v. La Société Française...

ant; continuance of tenancy after expiration of
recitals in record not conclusive as to jurisdiction:

lease; assignee of reversion; covenant to repair, 120, 121
when statements as to jurisdiction in record may

underlease; covenant by underlease not to build ;
be impeached .........................

purchase by underlessee of immediate reversion :
State courts and receivers appointed by Federal

merger; liability in equity to building covenant.. 208
courts; St. Joe & Denver City R. R. Co. et al. v.

(see Suretyship).
Smith .......

..... ...... ............... ... 408
when appeal lies from State court; Federal question, 391 LEGACIES and annuities, when chargeable upon
action (see Bankruptcy; Infancy; Practice).

land; devise to charitable uses; when void; when

subject of such devise descends upon heirs subject to
JUROR:

charges ......

.......... 166
New Zealand juror becomes insane ................ 420

| LEGAL BIBLIOGRAPHY ................ ....... 124
opinion of prisoner's guilt; when of such a charac-

ter as to disqualify juror; when competent......
remarks made by, to escape jury duty; disclosing

LEAGAL TENDER ACT (see Constitutional Law).
conduct in jury room ......
(see Evidence; Grand Juror.)

LEGISLATIVE POWER, to change from one

public use to another ...
JURY:
infant jurors .....

LEGISLATURE of New York, duty of, as to excise,
legal question presented to ...........

civil damage, insurance and usury laws......
misbehavior of
trial by in Russia...........

LEX DOMICILII and marriage (see Husband and
(see Grand Jury).
KENT, reminiscences of.......

LIBEL:
KENTUCKY, extensive land suit in ... ........

ex parte charges; meetings of poor law guardians:

privilege by reason of the occasion; publication of
LACHES, what will amount to, in instituting equita-

58
ble action to set aside judgment for fraud............

matters of public interest .....

455 |
newspaper publication.........

.... 194

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LIFE INSURANCE:

PAQE.
agreement in relation to; parol contract; holding

insurance policy as mortgageo, consideration;
mutuality; contract construed as a mortgage

rather than a conditional sale.............
conditions against suicide............
conditions in, waiver of, by insurer and by agent, 435
effect of war on contract; tender of premium to

agent in hostile country does not prevent forfeit-
ure.........
insanity, what degree of, will excuse suicide so as
to make company liable.

........... 414, 416
non-forfeiture of policies....

175
residence............................

416
statements in application; construction of; estop-

pel; liver diseases; usual medical attendant, who
is : practice; general objection to evidence; use

or intoxicating liquor; question for jury..... 117, 118
suicide....

.................... 414, 416
waiver ......

...... 416
LIQUORS, sale of; "strange devices "in....
LIS PENDENS, benefit of, lost by laches.... ....
LORIMER, Professor, on the Koran ................
LOST PROPERTY:

rights of onder to; Durfee v. Jones.............
title of finder of......

........... 3, 368
larceny by floder...........

........ 58
LOTTERY TICKET, rights of transferee of.. ... 460

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PAGE.
MELLISH, Lord Justice, death of ...........
MESNE PROFIT, estoppel; evidence............... 69
METEORS, right of property in..................
MILEAGE, judges of Federal Supreme Court not

entitled to ...................... .........................
MINES, taxing products of ... ........ ................
MISNOMER, plea of............

........................... 59
MISTAKE OF FAOT, rescission of contract for;

grounds of rescission; duty of party seeking it... ... 210
MONTAIGUE on judicial pedantry....
MORTGAGE:

conditional deed not; when deed not required to be

recorded as ; priority of lien ...
contracts extending payment between mortgagee
and vendee of ................

374
deed and defeasance; unrecorded defeasance.......
foreclosure in suits in which United States is a party, 441
of after-acquired property ..

169
of crop to be planted ; Wyatt v. Watkins...... 205
on property not in mortgagor's possession ; Williams

v. Briggs........
orthography of word “nortgagor"..............
relations of purchaser of land assuming payment of,
and mortgagor; land primary fund for payment;

foreclosure ....... .............. ....... ...... 031
referee's report should state reasons as to why prem-

ises should be sold as a whole or in parcels....... 151
right of mortgagee to timber cut from mortgaged

premises after default; expense of keeping prop-
erty ..

...... 394
right of holder to contract with reference to; when

mortgage not enforceable....
to secure coupon bond; sheriff's sale; distribution

of proceeds; holder of bond informally trans-

ferred to him.........................................
upon property to be acquired .....
when deed absolute in form treated as mortgage;

rule to determine character of instrument: posi-
tion, rights and liabilities of parties to instrument, 210

(see Bankruptcy; Judgment, Life Insurance.)
MUNICIPAL BONDS, assignment of............. 188

transfer of stock held in pledge; presumption ; ex-
ecutor............................................

........... 169
MUNICIPAL CORPORATION:

abutting property, what is street improvement...... 105
by-laws, effect of, on stranger........

399
garnishment.. ..
invalid ordinance by ; what is such ordinance....... 104
liability for damages from frightful object allowed

on streets..........
notice to, of defective sidewalk; not liable for

change of grade of street; liability for unauthor-
ized acts....

....................... .. 354
over-issue of bonds......

... 311
restraint of appropriation by tax payer...............
sewers in streets of city.

169
subscriptions in aid of railroads; County of Cass v.
Johnson .....

** (see Taxation).
MURDER (see Criminal Law).

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MALICIOUS PROSECUTION what necessary

to sustain action; matice; probable cause............. 245
MANDAMUS:

to com pel secretary of treasury to draw warrant....
when peremptory not allowed; discretion of court
as to allowing peremptory or alternative man-

damus ............ .
MARINE COURT of New York, the, as an ex-

pounder of the new Code .....
MARINE INSURANCE:

partial loss; cost of repairs; allowance of one-third
new for old; suing and laboring clause; salvage

expenses .................
sub-agent of broker; lien on policies for premiums
paid by him; notice...............

. .......... .... 303
wagering policy; open policy on profits and commig-

sion; without benefit of salvage, “but to pay loss
on such part as shall not arrivo; " illegality; 19 Geo.

2, c. 37; return of premiums......................... 208
MARITIME CONTRACT contract for use of

what is; a barge having no motive power of its own

held liable for wharfage....
MARRIAGE:

civil contract merely, and no formal solemnization

required; presumption as to .....
validity of, between slaves, before emancipation.... 422
within forbidden degrees ............

94
how to get married.....................

(see Married Woman.)
MARRIED WOMAN :
contract by, what does not amount to ...

334
contract for benefit of separate estate; misappro-
priation for benefit of estate.....

::::::::..... 223
contracts in behalf of, by agent; limitation of
authority; what is not carrying on a separate busi-
ness; the disabilities and liabilities of married
wom en.. ................ .......... .... ...........
conveyance by stranger to married woman; pre-

sumption as to consideration....
status of, in divorce suit....

(see Husband and Wife.)
MARTINDALE, Gen., attacked by a client....
MARYLAND judiciary (see Grand Jury).
MASTER AND SERVANT:

bailor and bailee; cab proprietor; employment of

driver; liability for negligence; 32 and 33 Vict., c.
115 ....
*. ** ****** **

*
employments of servants by joint masters......
liability of master for causing death of servant; evi-

dence bearing on question of negligence; charge

to jury; contributory negligence ...................
master not liable to servant for negligence of fellow

servant.................... . .
negligence; scope of employment ............... 265, 396
sub-contractor under railway company; common

employment.
obligations of masters for injuring servants while
in service..........

.. 109
(see Contract; Negligence; Shipping.)
MECHANIC'S LIEN, attaches to building only;
subordinate to prior mortgage...........

.... ...... 35

......... 433

NATIONAL BANKS, reduction of stock by....... 140

(see Bank).
NAVIGABLE WATERS, rights of owners of

land adjoining as to landings; obstructions........... 189
NEGLIGENCE:

act of God; overflow of river by reason of neglect to

comply with statute; measure of damages......... 396
amount of damages limited to compensation for ac-

tual loss: husband and wife; next of kin; who

entitled to recover for death from, under statute. 72
building works; removal of hoarding; injury to per-

son passing in street; sub-contractor; liability;
evidence of negligence .......

.......... 74
crossing railway track; contributory negligence.... 225

(see Contributory Negligence.)
duty of owner of wharf as to vessels mooring there;

municipal corporations.....
duty of telegraph companies as to construction of

line in streets of city.......
duties of contractor and sub-contractor; question
of fact; unforeseen accident .....

........ 438
duties of railroad and traveler at level crossing;

judge's charge......
fres set by railroad locomotive ; contributory negli-

gence; when question for jury ..
injury done to trespasser; fire escape; child ten

years old trespassing.....
killing a cow................
licensee; invitation ; concealed danger ...
of fellow servant (see Master and Servant)....

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PAGE,
NEW YORK STATE BAR ASSOCIATION:

acceptance of incorporation of.....
constitution, by-laws and rules of..
endeavors to increase membership of.....
meeting of executive committee of......
poet graduate, prize of.....

(see Bar Association.)
NEW YORK system of procedure, its theory, his-

........., 8.848
NORTH CAROLINA, Supreme Court of.......... 479
NOVEL LAW SUIT.... .. ...................

tory and progress....

OL ...........

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OBITER DICTA...........

DICTA...........................
OBSCENE LITERATURE:

Law
publication of "The Fruits of Philosophy".
absence of corrupt motive; indictment; omission

to set out words charged as obscene... ..........
OPTION of purchaser; a personal privilege only

not transmissible .....
ORDINANCE (see Municipal Corporation),
ORDRONAUX'S Commentary on Lunacy Laws.... 356

.....

....... 370

t al ................ 319

allerd

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piling material on its own land by railroad company

so as to obstruct view of approaching train, not...
traveler crossing railroad track; contributory negli-

gence ....
violation of rules of railroad company by employees,
when question for jury; what does not constitute

negligence in law ...................................
(see Bailment; Carrier; Damages; Gas Company;

Master and Servant: Shipping : Water-course).
coulributory negligence:

aged person on streets ......
erroneous charge; when question of fact for

jury .... ..... .... . ....
explosion of gas; going with lighted candle into

closet room.....
party acting under direction of company's serr-

ant not guilty of .....
leaving passenger car.... . ..........
when necessary to authorize nonsuit.........

(see Railroad).
NEGOTIABLE INSTRUMENT :

accommodation indorser : fraud ....
accommodation indorser; where fraud alleged;

holder of accommodation paper taken as collateral

security not a purchaser for value.............. 69, 473
accommodation indorsement by bank; West St.

Louis Savings Bank v. Parmlee and Shawnee Co.

Batik ............................... .....
agreement expressed in to pay costs of collecting...
bona fide holder for value.......
for patent rights ...
fraud used to obtain signature to negotiable ....
indorsement of, by stranger before delivery ; Good
V Martin ................

........... 316
indorsement of non-negotiable note by one not a
purchase of, by national banks; First National Bank

of Rochester v. Pierson ....
non-negotiable; Woods v. North et al ....
relation of certificates of deposit to ....
stipulations allowing costs of collection in ; Seaton
v. Scoville et al......

(see Negotiable Instrument : Negotiable F
conditional note; condition precedent.......... 13, 225
alteration of .......
attorney's fees; effect of including them in note, 89-116
bill of exchange ; advance secured by bills and by

assignment of debts due to borrower; bills nego-
tiated ; bankruptcy of acceptor; application of

proceeds of assigned debts................ ..... 208
note obtained by fraud; misrepresentation as to na-

ture of instrument; negligence; estoppel; leav-
ing blank ; signing note without reading ; title to

...... 1
presumption of ownership from possession; bona

fule holder without notice not allected by agree-
ments between maker and indorser and former
holder: prior knowle lge necessary to impeach
title of bona fide holder; unperformed agreements

no defense......................
promissory note; signing as maker and indorser;

siguing as executor. ...
indorsement in blank before delivery; presumption

of guaranty; right to fill up indorsement .......
promissory notes; transfer ol part due notes; notes
for purchase-price of land ...

(see Indorsement.)
NEILSON, Judge, articles by, on Rufus Choate......
NEW LAW COURTS.........
NEW TRIAL when refusal to submit to jury not

ground for ..........................
NEW YORK CITY:

amount of litigation in....
assessment for local improvements; valid and void

assessment..........
assessments for paving street previously paid; vaca-

tion of; evidence....
assessment of property for local improvement; rule

governing; statutory construction; implied re-
peal of statute; rule as to.......................... 118
consolidation of county and city; rights of holders

of claim against county to sue city ; estoppel;
what does not constitute......
contracts made with; condition precedent to pay-
ment; construction of contract; effect of statute

upon terms of; estoppel. .....
salaries of Marine Court officers; power of super-
visors to regulate...

(see Constitutional Law.)
Bar Association, privileged communications of
members of...........

(see Bar Association.)
daily newspapers, reporting of old cases by.......... 21
Herald and the Federal Supreme Court..... .... 462

ge of

evidence le parol

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PARDON; effect of pardon and amnesty by presi-

dent's proclamation, December 25, 1868; do not restore

property previously confiscated.........
PARTIES:

action to restrain formation of village corporation;

when injunction denied for defect of......
in action for fraud in sale of real estate ; when per-

son not named in contract inay maintain action.. 38
in action in nature of creditor's bill: judgment
debtor necessary......

. .. .........
tax payers of a municipality may invoke equity to

restrain municipal authorities acting ultra vires... 418
PARTITION judgment and sale in, bars future

contingent interest; who entitled to maintain action, 13
PARTNERSHIP:
agent; dissolution of; notice to those dealing with

firm; who is a dealer; notice by mail, when insuf-
fcient; question of fact; presumption as to let-

ters sent by post................................. 30
agreement to indemnify retiring partner against

existing contracts of the firm : presumption as to
knowledge of liquidating partner with regard to
such contracts; evidence; proof of contents of
letters; what not admissible; parol proof corrobo-

rative and explanatory of matters of record.......
bankrupt partner; rights of creditor of firm .........
contract rendering parties partners; for what part-

ners not liable .. ................... .. ........
liability of partner for contracts of copartner; facts

constituting copartnership.....
notes made by..................
import, joint obligation on
remedy against survivor only......
partner cannot make assignment for benefit of

creditors without consent of copartner; subse-

quent ratification, what constitutes.........
what will constitute.....

(see Bankruptcy; Trade Mark.)
PATENT:

abandonment of .......
not sustainable when claim is for result only.......
construction of; claim not to be enlarged by courts,
infringement of...
patentability of process..
licensee under, may not question validity .
patentability of process ...
State interference with ..................
State legislation affecting; Cranson v. Smith...
rights, fraudulent notes given for...

(see Contract.)
PATENT LAWS, amendment of.
PAYMENT:

appropriation to contract ultra vires.. ..
secured notes given to fall due at different dates;

distribution of collateral security..
PERSONAL CHATTEL:
bills of sale act (17 and 18 Vict., c. 36), ss. 1, 7; grows

crops pot; not goods or other articles capable of

transfer by delivery...
secret liens on; sale or return of, under form of

lease... ... .. .... ...............
PERSONAL PR PERTY (see Personal Chattel).
PEW CASE, case Johnson v. The Minister and Truse and

tees of St. Andrew's Church........

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PAGE. RAILROADS:

PAGE.
PEW OWNER, interest of, in building............... 271 aid bonds, defects in ; eifect of notice to trustee for

bondholder .....

.......... 67,
PHILADELPHIA church bell case, affirmance of.. 21

67, 70

statutory construction; Laws 1867, chap. 953; 1868,
PITTSBURG courts, Court of Quarter Sessions in.. 76

chap, 31:.....

void in hands of innocent holders for value......... 70
PLEADING:

(see Negligence).
justification of trespass, when admission of owner-

damages for ejection from car for refusal to pay ille-
ship in plaintiff

gal fare ....

105

......

.........
nature of cause of action, whether ex delicto or ex

duty of adjoining owner and railroad company as to
contractu ; how determined..

combustibles on lands; company liable for setting
novel punishment for verbose pleading..............

fire upon adjoining lands without reference to

manner of acquiring right of way..................
PLEDGE, rights of pledgee of commercial paper...

duty of company to fence; damage to cattle froni

defective fence ; contributory negligence; burden
POISONING by striped stockings . . ....... ........

of proof in actions for injury for failure to fence.. 336
POLICE COMMISSIONERS of New York, at-

effect of consolidation of, upon municipal subscrip-
tempt of, to put down “shystering"..... ............ 174

tions to stock.... .....

ejecting passenger from train........
POPULAR GATHERINGS, right of authorities

fencing against cattle; contributory negligence. ...
to suppress......

municipal subscription in aid of; County of Cass

V, Johnson........ ............... ...........
POTTER, JUDGE, Aling of petition in bankruptcy

...... 46
obstruction of.......

rolling stock on, when real estate; mortgage of
POWERS: trust: power of distribution; does not

rolling stock.........

............
include power of limitation as to character of estate

the judiciary and passes.......
given; trust created under such power void........... 166

when limitation upon issue imposed by town valid;

unauthorized agreements by town officers; con-
PRACTICE:

stitutional law ........
in Court of Appeals; when motion denied on ground

(see Carrier of Passengers; Constitutional Law: Negli-
of laches in inaking it; motion to reinstate appeal

gence; Strikes.)
after dismissal and remittitur sent down ......... 456
jurisdiction of United States Supreme Court; when

RAPE (see Criminal Law).
judgment will be affirmed ; when Supreme Court REAL ESTATE:
will not examine; errors not appearing on the

hedge, how far a partition fence; tenancy in com-
record.....

...... .... 477

mon......
summary petition by assignee ...

17

life interest and remainder; construction of deed. 153
(see Appeal , Jurisdiction.)

when covenant runs with land..........

... ... 39
PRE-EMPTION, of lands claimed under Mexican RECEIVER, when court of equity will not appoint, 15
titles ....

RECENT DECISIONS:
PRESCRIPTION:

19th American......

....... ............... 112
line fence.

20th American..

... 160
sea wall; liability of frontager to maintain ; sea flow-

21st American

............... 382, 404
ing over frontager's land on to that of adjoining

RECORD; unauthorized cancellation of mortgage
owners...... ................................ .... ..

by clerk or register..

k or register...................................... 10
PRESIDENT, message, Federal courts, pressure of
business in .....

RECORDER OF DEEDS liable for false certif-
relations to the army.. ..

198

cate of search only to one employing him; knowl-
nominations....

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

310
edge ..

..................... 189
PRESUMPTIONS, presumption of ownership of

RECORDING ACT: vendor's lien; rights of credi-
crops from possession of agricultural land (Ct. App.).. 370

tor of grantee; homestead..
PRINCIPAL and agent, liability of principal for acts

REFEREES, fees of .

.......... 342
of agent after revocation of agency ................ 33

report, comments of Judge Handley on exceptions
liability of, on sealed contract..........

to........................

. ............. 268
(see Attorney and Client; Insurance.)

(see Mortgage.)
PRIVATE CORPORATIONS, law of... ... ... ... 211

REMOVAL OF CAUSE:

by corporation....
PRIVILEGED COMMUNICATION:

from State to Federal court...........
in divorce suit.....

jurisdiction......

...... 327
words spoken from the pulpit; McGrath v. Finn.... 186 reference of cause before application for removal...
(see Bar Association.)

notice to opposing party not required.............

what right to, depends on......
PRIVILEGED DEBT, what does not consti-

who may remove; acts of Marc
tute; construction of contract ...

1876 .... ... . ... ... .... ..
PROBATE OF WILL, when formal notice not

whole suit must be removed; grounds of removal..
necessary to conclude legatee......

sufficiency of affidavit for. .......................
... ......... 65

RENT. crops reserved in a lease: tenant's ownership
PROMISSORY NOTE (see Negotiable Instruments;

in crop' undivided; when rent due.....
Indorsements).

REPLEVIN: defense of title in a stranger; when not
PROXIMAME CAUSE, fire communicated from

available................................................ 371
adjoining lands; liability for results of negligent act;
when question of caution is for jury.........

REPORTING; criticism of modern reports...... 41, 93
PUBLIC LANDS:

RESPONDEAT SUPERIOR; when rule does
grant by Congress to State for school purposes; con-

not apply; independent agent; New York city; act
struction of act authorizing formation of State

by servant of public instruction..........
government in Wisconsin ; grant of lands occu RESTRAINT OF TRADE, covenant not to ad-

pied by Indians under treaty ..
settler under homestead act no right to cut timber.. 457

vertise former trade connection"; breach; injunction. 304
PUBLIC TREASURERS, liability of ........... 129

REVENUE, collection of

............ 78
PUBLIC OFFICER, government not responsible

REVENUE LAWS, unstamped spirits and forfeit-

ures; United States v. Two hundred barrels of whis-
for laches of ...

......... 432
ky ......

........... 452
PUBLIC POLICY, contract of school trustees void

RIPARIAN RIGHTS:
by........

owner of both banks of a stream Owns stream
PUBLIC ROADS:

easement of public to float logs: streams that may
application for.....

float logs periodically navigable ; trespass by the
thoroughfares......

public, excuses for; boundary lines in patents to

stream; claim to land by reliction; sudden disan-
PUBLICATIONS ............................... 399, 400 pearance of water gives no claim to riparian

owner; right of owner of meandering stream to
PURPRESTURE, erection of stairway into street, 443

accretions; riparian right subject to right of navi-

gation ; boundaries .....

riparian proprietor does not acquire title to break-
QUERIES .. .. .. .......................... 156, 171 | water .....

.............. 395

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........ 163
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RUFUS CHOATE:

PAGE.
Judge Neilson on ....
letter from .......
recollections of.....

312
RULES of Supreme Court of New York, revision of. 268
RUSSIA, jury trials in ........

bar, standard ol...........

...

110

.. 420

395

110

SALE:

condition precedent; of personal property at fixed

price, to be paid in other property at fixed price..
of personal property ; sale to agent...

. 120
appropriation under.. ........
curcat emptor: sale of cattle in open market....... 166
fraud; rescission of contract .... ........ ......... 170
of real estate, vendor and purchaser; contract by

letters; desəription of vendors; " proprietors,"
stipulation for formal contract; condition preced-
ent; statute of frauds ...............

rauas............................... 60%
SALMON FISHINGS (see Trust).
SAVINGS BANKS, deposits in ........

gift of bank book.

***". ....... 117

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SEALED CONTRACT (see Contract ; Principal).
SEDUCTION (see Criminal Law).
SERVICE:

defective service upon non-resident defendants in
action affecting real estate; effect of; small inter-
est of defendants not served, no answer to appli-

cation to relieve purchaser.....
of summons on foreign corporation; cause of action

arising in this State: constitutional law; statutes

regulating service of process....................... 118
SET-OFF, common to all systems of jurisprudence:
wholly within legislative control; judgment; statute
passed after judgment obtained for bank allowing

notes to be set off against it.....
SEWING MACHINE CONTRACT (see Con-

tracts).
SHAKER SEED CASE...... .... ....... 343
SHIPS AND SHIPPING:

bill of lading; liability of ship owner; “not ac-

countable for risk, leakage or breakage;" con-
struction of charter party ; liability of ship owner

to charterers for negligence of master and crew, 439
carriage of merchandise; warranty of seaworthi-
ness ; ship seaworthy while lying in port of load-
ing, but becoming unseaworthy at time of sailing
on voyage with cargo on board ..

304
charter-party; delivery short of destination; freight
pro rata itineris ......

...........
delivery to charterer; when general owner not lia

.. 11

*
ble ................

* ***** . :. :.. ...... ..... ..... 103
duty of boat towed to exhibit lights ; negligence ;

relations between master aud servant; respondeat
superior; rights of owner of cargo in case of col-

lision; steam tug and canal boat towed by it.....
duty of owner in fitting up ship; sea-worthiness;
master and crew; compasses........

. ................ 302
material men; equipment; British ship : lien : pur-

chaser with notice; salvage of life: liability of
cargo ; merchant shipping act, 1854 (17 and 18 Vict.,
c. 101) ss. 458, 459............

............ 121
tug towing vessel ; duty and liability of tug......... 167

(see Contract.)
SLANDER:

damages ; evidence; malice; mental anxiety: ru

mor; words imputing crime; how understood ... 70
interpretation of language; quo animo; remote in-
jury ; rumor....

................. 2 6
of title; special damage..........
SOCIAL SCIENCE CONGRESS, discussions

....... 108, 17
SOCIETY, right of, to money deposited by its debt-

ors ....
SOTHERN AND COUNT JOHANNES....... 250
SPECIFIC PERFORMANCE:

certainty in contract essential in action for enforce-
ment; waiver by party seeking enforcement; what

constitutes laches .................................. 4
competency of parties to contract; Doyle v. Harris, 450
vendee in possession under parol contract for sale
of real estate...........

(see Contract.)
STALE CLAIMS, when equitable actions main-

tainable on.....
STAR CHAMBER, court of ........ ........... 250

PAGE.
STATE, attaching money in State treasurer's hands;

suit against State ....
as a creditor, communication on ..................

298
citizenship ................................

24
governments, suing....................
legislation, impairing obligation of contracts .......

(see Contracts.)
municipalities, relations between .....

secrets, State officers not compelled to reveal.......
STATUTE OF FRAUDS:

agency of one signing contract may be shown by

parol .......
agreement concerving land ; party to be charged

only need sign memorandum ; adverse possession;
statute of limitations.........

................ 209
contract with agent for agent's benefit ; when not
applicable......... .. ............ .........

............... 7
guarunty.................................... ...
lease ; option of holding after three years (29 Car. 2

c. 3), ss. 1, 2; 8 and 9 Vict., c. 106, s. 3..
parol promise to give house ; agreement in consider-

ation of marriage; possession ; part performance;

incumbrances; statute of frauds....
parol promise to pay debt of another; li

indorser ...
sale of interest in land ; license; estoppel ultra
vires........

......153-154
verbal lease for a year to commence in futuro ; hold-

ing over.....
want of consideration ; promise to answer for debt
of another .....

(see Sale of Real Estate.)
STATUTE OF LIMITATION:

acknowledgment of debt; implied promise to pay..
case of People v. Lord; as to indictments.......
revival of debt......

trustee and cestui que trust...
STATUTORY CONSTRUCTION:

repeal of special statute ........

repeal of statutes ....
STATUTORY REMEDIES.....
ST. LOUIS lawyers and tho strikes.
STOCK, right to recover balance due on subscription

.......... 309
exchange boards, seats in.:

........... ..... 403
STOPPAGE IN TRANSIT :
right of ........

............ 151,
STRIKES:
aiding .....

...........

340
by railroad employees... .....

110
legislation to prevent......

... 158
committing persons for interfering with trains
liability of corporations for ......
m iners ...................... ......
profitable to lawyers................
St. Louis lawyers and the strikes...

:::::.......... 124
(see Poprilar Gatherings ; Rallroads.)
SUBPOENA, obeying of, by governors.
SUBROGATION (see Suretyship).
SUMNER, CHARLES .......
SUNDAY:

contract by railroad to be performed on; general

duty as carrier
damages dependent upon illegal contract not recov-

erable...
destruction of property ....
dramatic performance on...
note made on .......
objection of, laws regulating ...

traveling on Sunday..............
SUPREME COURT of the United States, busi-
ness of....

.. 441
SURETYSHIP:

liability of surety on promissory note ; remedy of
surety ; statute of limitations ..

438
misappropriation of money by public officer; when

principal need not be proceeded against........... 432
right of joint surety against co-surety; release of co-

surety by creditor ; effect of delays by creditor
with co-surety ; surety on lease; assignment of
lease with landlord's consent; when surety not re-
leased by agreement between creditor and prin-

cipal .... ...... .... .. ..............................
rights of surety paying debt to subrogation; trust :

keeping security for debt alive .....
surety on official bond of tax collector; defalcation

made up by extra tax ....
waiver of defense of fraud by surety .....
what will discharge surety...

(see Attorney; Bankruptcy.)

.......

880

.

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