DAMAGES-Continued.

nant of seizin, when he is himself in possession of the land at the time of the alleged breach, R. D. 279. assault, statement of the law relating to damages in an action for assault. In such case, when the assault is malicious the damages must be compensatory and may be exemplary, R. D. 303.

See assault and battery, R. D. 303.

measure of damages, the measure of damages for overflowing land by an obstruction is the difference in value of the land before and after the obstruction takes place, Sullens v. Chicago, etc. Co. ann. cas. 432.

statute of Missouri, the statute of Missouri limits the amount of damages recoverable from a railroad for death caused by its negligence to $5,000, there is no commonn law rule on the subject, Q. A. 564. rule of in malpractice cases, see malpractice, L. A. 567. exemplary, see assault and battery, R. D. 303. DANGER.

unnecessary exposure to, when and how far one may expose himself to unnecessary danger without incurring legal penalties, C. E. 277.

DEBT.

foreign judgments are simply evidence of debt, see foreign judgments, L. A. 591.

DEBT OF INDIVIDUAL MEMBER.

See partnership, Williams v. Lewis, ann. cas. 164. DECREASE OF CRIME.

comments on the notably decrease of crime in England, C. E. 301.

DECLARATIONS.

evidence, the declaration of one partner cannot au thorize the sale of firm property for the private debt of another (absent) partner, Williams v. Lewis, ann.

cas. 164.

fraud, declarations showing fraud made by a vendor two weeks before the sale to a third person, of which the vendee had no notice, are not admissible in evidence, Rogers v. Thurston, ann. cas. 287.

see fraudulent conveyance, Rogers v. Thurston, ann. cas. 287.

DECLARATIONS AND ADMISSIONS.

See partnership, Williams v. Lewis, ann. cas. 164. DECLARATIONS OF DONOR.

See gift inter vivos, Bennett v. Cook, ann. cas. 90. DEED.

if a deed for land sold is in possession of the grantor's agent, it has not been legally delivered, Wier v. Batdorf, ann. cas. 138.

covenant, seizin, R. D. 279.

delivery, presumption, quieting title, diligence, R. D. 304.

DEED OF TRUST.

See fraud, Keagy v. Trout, ann. cas. 407. DEFAULT.

judgment by, see summary proceedings, C. E. 541. DEFENSE.

defense arising from matter ex post facto, L. A. 255. DELAY.

the laws delay, appearance term, continuance, statement of abuses still prevalent in some States growing out of the fact that in those States a defendant is entitled, as matter of right, to a continuance from the first to the second term after the service of process, C. E. 29.

DELEGATION OF POWERS.

See abutting proprietors, C. E. 349. DELIVERY.

See gift inter vivos, Bennett v. Cook, ann. cas. 90. gift, what will constitute a constructive delivery of a gift, Bennett v. Cook, ann. cas. 90. See deed, R. D. 304.

DEPOSITIONS.

See fraudulent conveyance, Featherstone v. Dagnall, ann. cas. 544.

a deposition cannot be read in evidence unless it appears to the court that some one of the statutory reasons for taking it existed, see fraudulent convey. ance, Featherstone v. Dagnall, ann. cas. 544. See malpractice, Nelson v. Harrington, ann. cas. 548. DESCRIPTION.

See policy, De Graff v. Queen Ins. Co., ann. cas. 284. DESTY.

Robert, editor of New York Chancery Reports, R. P. 324.

DEVISE.

The devisee of land, which the testator was bound to convey to another, cannot have its value paid to him out of property of which the testator died intestate, Hunter v. Mills, ann. cas. 236.

L. A. 31.

EASEMENT.

injunction, a mandatory injunction will be issued at the inception of a suit to protect an easement, Hodge v. Giese, ann. cas. 64.

abandonment, where one having an easement to take water from a particular spring by means of pipes, afterwards, by a written agreement with the proprietor, exchanges that privilege for a like right to take water from another spring and the further consideration of a sum of money and continues to use the latter spring for twenty years, neither he nor his heirs can set up a claim to the original easement, Snell v. Levitt, ann. cas. 552

estinguishment, non-user with intent to abandon, deed, record, Snell v. Levitt, ann. cas. 552. ECONOMY.

EQUITY-Continued.

specific performance, equity will enforce the specific performance of a parol contract by which land was given upon condition that the grantee should occupy and improve it, which he did, Hunter v. Mills, ann. cas. 236.

specific performance will not be enforced under circumstances which render it inequitable, in such case parties will be left to their legal remedies, R. D. 278.

specific performance, contract, husband and wife, R. D. 278.

see insurance, Uhlman v. New York, etc. Co., ann. cas. 360.

injunction, eminent domain, condemnation, R. D. 375. EQUITABLÉ ESTOPPEL.

See estoppel, Galbraith v. Lunsford, ann. cas. 503. ERRORS.

See attorney's lien, Justice v. Justice, ann. cas. 191. a physician is not liable for errors in judgment, see malpractice, L. A. 567.

ESCROW.

delivery, an escrow can only be delivered to a stranger, not to a grantee, Wier v. Batdorf, ann. cas. 138. what constitutes, statute of frauds, undelivered instrument, Wier v. Batdorf, ann. cas. 138. EXTINGUISHMENT.

See easement, Snell v. Levitt, ann. cas. 552. ESTOPPEL.

See partnership, Williams v. Lewis, ann. cas. 164. mistake, where an erroneous line between conterminious proprietors is established by mutual mistake and acquiesced in by both parties, the losing proprietor and his heirs are estopped by their acquiescence and laches from establishing the true line, Galbraith v. Lunsford, ann. cas. 503. equitable estoppel, boundary, acquiescence, mistake, feme covert, Galbraith v. Lunsford, ann. cas. 503. EVIDENCE.

the judge must decide questions of fact preliminary to the admission of evidence, L. A. 4.

the judge must decide whether evidence of acts not in dispute is admissible to affect the facts that are in dispute, L. A. 8.

gift, parol declarations of donor, if there is plenary proof of the fact of a gift, is it not error to exclude the declaration of the (deceased) donor controverting the gift, Bennett v. Cook, ann. cas. 90. declarations, declarations made by a vendor to the vendee, apart from the transaction in question, are not adinissible in evidence, they are competent, however, if they are part of the res gestæ, Rogers v. Thurston, ann. cas. 287.

See fraudulent conveyance, Rogers v. Thurston, ann. cas. 287.

proof, the manner of proving foreign laws and judgments, L. A. 400.

proof of foreign laws and judgments is governed by the lex fori, L. A. 400.

See railroad company, Minneapolis v. Minneapolis, etc. Co. ann. cas. 454.

parol evidence, sale, within contract, R. D. 471. improvement, in ejectment for lands used for mining, evidence of the value of surface improvements is relevant, Williams v. Gibson, ann. cas. 498.

See mines and minerals, Williams v. Gibson, ann. cas. 498.

See malpractice, Nelson v. Harrington, ann. cas. 548. depositions, ruling as to admissibility in evidence of depositions taken in another case, Nelson v. Harring. ton, ann. cas. 518.

the injury must be proved, see malpractice, 567. EXECUTION.

federal courts have no jurisdiction over actions against a State in its contractual capacity, but they have jurisdiction in actions against State officers in relation to matters in which the State as a govern. ment has no direct interest, but involve only the rights and duties of private persons or corporations, such as shippers of goods and common carriers, R. D. 494.

See constitutional law, R. D. 494. FEDERAL DECISIONS.

vol. XXIII, edited by W. G. Myer, review of, R. P. 300. edited by W. G. Myer, vol. XXVIII, review of, R. P. 420.

edited by W. G. Myer, review of, R. P. 612. FEDERAL QUESTION.

writ of error. It is too late to raise a federal question for the first time upon an application in a federal court for a writ of error, Calhoun v. Lanaux, ann. cas. 167.

See jurisdiction, Calhoun v. Lanaux, ann. cas. 167. FEES.

See attorney's lien, Justice v. Justice, ann. cas. 191. FEME COVEŘT.

See estoppel, Galbraith v. Lunsford, ann. cas. 503. FICTITIOUS ADDRESS.

See contracts, Milliken v. Western Union Tel. Co. ann. cas. 577.

FINKELNBURG.

comments on Mr. Finkelnburg's report to the National Bar Association on uniformity of State statutes relating to negotiable paper, C. E. 229.

FIRE INSURANCE.

See arbitration, Viney v. Bignold, ann. cas. 49. condition in policy, watchman, water supply, Sierra, etc. Co. v. Hartford, etc. Co. ann. cas. 451.

FIRM ASSETS.

See partnership, Williams v. Lewis, ann. cas. 164. FIRM DEBTS.

See partnership, R. D. 206. FLOODS.

water which in a flood time escapes from a river is not surface water; a railroad which obstructs the flow of such water by its embankment is liable in damages for such obstruction, Sullens v. Chicago, etc. Co., ann. cas. 432. FLOODING.

flooding land. Where a prescriptive right to flood lands by a mill-dam the height to which the water may be raised is that to which the dam actu lly raises it, and not that to which it would raise it if the dam were tight, Turner v. Hart, ann. cas. 403. FLOODING LANDS.

See water and water-courses, Turner v. Hart, ann. cas. 403.

FOREIGN JUDGMENTS.

See pleading and proof, etc., L. A. 400.

See guardian and ward, McKonkey v. Cockey, ann. cas. 476.

guardian, where a guardian, soon after his ward arrives at age, makes a settlement with him, the court will scrutinized the transaction with great care and hold the guardian responsible if the settlement discloses the slightest fraud, McKonkey v. Cockey, ann. cas. 476. evidence, where a deed appears on its face to be voluntary, it may be shown by parol that it was founded upon a valuable consideration, Featherstone v. Dagnall, ann. cas. 544.

statute of, where one makes a parol gift to his nephew and he takes possession of the land and makes im. provements, there is a sufficient part performance to take the case out of the statute of frauds, the land being subsequently devised to another person, Hunter v. Mills, ann. cas. 236.

statute of, agreement relating to land, R. D. 399. statute of, sale of goods, part payment, R. D. 446. statute of, agreements relating to land, part performance, Peek v. Peek, ann cas. 479.

statute of, see mines and minerals, Williams v. Gibson, ann. cas. 498.

FRAUDULENT CONVEYANCE.

evidence, declarations, Rogers v. Thurston, ann. cas. 287.

See fraud, Keagy v. Trout, ann. cas. 407.

consideration, parol evidence, depositions, requirements, Featherstone v. Dagnall, ann. cas. 544.

FREEMAN.

A. C., editor of American decision, R. P. 228. editor of American State reports, R. P. 276. editor of American State reports, R. P. 492.

author of treatise on the law of executions, R. P. 564. FRENCH AND SPANISH GRANTS.

See Missouri compromise, R. D. 590. FREIGHT.

nervous shock, [fright and nervous shock do not constitute a cause of action for negligence, if no bodily harm ensues to the sufferers, R. D. 134.

FRIGHT AS A CAUSE OF ACTION.

See negligence, R. D. 134.

GENERAL DIGEST.

an infant of such tender years as not to be able to exercise discretion or be guilty of contributory negligence, is entitled to the full pretection of the law against the negligence of others, R. D. 374. INJUNCTION.

See leases, Hodge v. Giese, ann. cas. 64. under what circumstances an injunction will be granted to restrain foreign traders, L. A. 186. See boycotting, R. D. 350.

See water and water courses, Turner v. Hart, ann. cas 403.

against rival trades, L. A. 186. INJURIES TO THIRD PERSON.

See master and servant, Driscoll v. Carlin, ann cas. 38. INNS. boarding houses, treatise on the law of, by Samuel H. Wandell, review of, R. P. 108.

INNKEEPER.

an innkeeper has no lien on the property of a third person in the hands of his guest if he knows the ownership thereof, Covington v. Newberger, ann. cas. 263.

INNKEEPER'S LIEN.

principal and agent, commercial traveler, instructions to jury, Covington v. Newberger, ann. cas. 263. IN REM.

an action to foreclose a mechanic's lien is a proceed. ing in rem. A judgment in such an action cannot be collaterally attacked on account of the overture of the defendant, Shryock v. Buckman, ann. cas. 481. INSANITY.

treatise on, by E. C. Spitzka, M. D., review of, R. P. 156. INSOLVENCY.

See conflict of law, In re Peck, ann. cas. 188. INSTRUCTIONS.

directing verdict. A court should direct a verdict against the party on whom the burden of proof rests if the evidence does not sustain his allegations, Cov. ington v. Newberger, ann. cas. 263.

INSTRUCTIONS TO JURY.

See innkeeper's lien, Covington v. Newberger, ann. cas. 263.

INSTRUCTION TO PRINCIPAL.

See commission merchant, Lehman v. Pritchett, ann. cas. 380.

INSURANCE.

accident insurance, suicide presumption, murder, R. D. 158.

mortgage, mortgagee, release, R. D. 231.

construction, condition. The condition in a policy of insurance must, in case of doubt, be construed in favor of the insured, regard being had to the nature of the property, De Graff v. Queen Ins. Co. ann. cas. 284.

construction of policy, live stock, lightning clause, De Graff v. Queen Ins. Co. ann. cas. 284.

application, false statement, notice, Fitzgerald v. Hartford, etc. Co. ann. cas. 336.

tontine policy, equity, accounting, trust, Uhlman v. New York, etc. Co. ann. cas. 360.

INTENT.

How far intent to deceive is essential to a recovery in an action for damages growing out of false representations. See scope of intent in false representations, L. A. 471.

INTEREST.

See change in character of trust fund, Cranson v. Wilsey, ann. cas. 240.

compound interest. When executors will be charged, and when they will not be charged compound interest on funds in their hands, Cranson v. Wilsey, ann. cas. 240.

INTERNATIONAL LAW.

contracts of deposed government, liability of successful government. When a successful government is responsible for the contracts of a deposed govern. ment, R. D. 30.

the civil status of foreigners, C. E. 373. INTERTSTATE COMMERCE.

the business of sending telegrams from one State into another is interstate commerce and subject to the control of congress, Leloup v. Port of Mobile, ann. cas. 119.

See intoxicating liquors, C. E. 493.

the car load cases, discrimination, C. E. 253. constitutional law. A State cannot enact a law imposing upon citizens of other States a tax which does not operate equally to its own citizens, R. D.

566.

See constitutional law, R. D. 566. INTERSTATE GARNISHMENT. L. A. 424. INTIMIDATION.

See boycotting, R. D. 350.

INTOXICATING LIQUORS.

interstate commerce, C. E. 493.

remarks upon intoxicating liquors as a commercial commodity connected with public policy and a control of the general government as the material of interstate commerce, C. E. 493.

IRREGULARITY.

See judgment, R. D. 326. IRREPARABLE INJURY.

See leases, Hodge v. Geise, ann. cas. 64.

an injury is irreparable which cannot be redressed by pecuniary damages, Hodge v. Geise, ann. cas. 64. JOINT ACTION.

water and water-courses. Several proprietors of submerge land may join in an action to lower the dam and obtain an injunction providing no accounting is asked, Turner v. Hart, ann. cas. 403.

JOINT PURCHASER.

one who has paid part of his share of the purchase money of land, but failing to pay the second installment, cannot recover from his partner the money he has paid, the contract having been abandoned. See vendor and vendee, R. D. 527.

JONES, LOENARD A.

author of a treatise on the law of liens, R. P. 204 author of treatise on personal property, R. P. 444. JUDGE.

questions of fact for the judge, L. A. 4.

incompetency of. See constitutional law, C. E. 53. JUDGMENT.

See contract, Justice v. Justice, ann. cas. 191. form of judgment and execution under the lex fori, L. A. 255.

personal judgment cannot be rendered against a wife at common law, when it may be rendered, and for what, under statutes of the several States, L. A. 279. collateral attack. A judgment is not subject to the collateral attack, becaues it does not appear by the record that the notice in drainage cases provided by the statute was duly given, R. D. 326.

validity, collateral attack, pleading, irregularity, R. D. 326.

collateral attack, husband and wife, mechanic's lien, proceeding In rem, Shryock v. Buckman, ann. cas.

481.

the physician must exercise his best judgment. See malpractice, L. A. 567.

See foreign judgments, L. A. 591. JUDGMENT BY DEFAULT.

remarks upon judgment by default. See summary proceedings, C. E. 541.

JUDGMENTS IN FEDERAL COURTS.

See foreign judgments, L. A. 591.

JUGMENTS IN PERSONAM.

See foreign judgments, 591.

JUDGMENT IN REM. L. A. 591.
JUDICIAL ADMINISTRATION.

what is reasonable time in judicial administration, L. A. 377.

JUDICIAL DISCRETION.

appellate courts often refuse to exercise jurisdiction in cases in which the trial court have abused their judicial discretion, C. E. 29.

remarks upon the exercise and frequent abuse of judicial discretion, C. E. 29.

JUDICIAL MIND.

discussion of the subject of "judicial mind," its im. portance not only to judges but to practitioners, C. E. 421.

JURISDICTION.

judgments where courts have no jurisdiction. See foreign judgments, L. A. 591.

State court. A State court has jurisdiction of an action to compel a corporation or its receiver appointed by a federal court to cancel a mortgage which had been paid. The action was against the corporation, Calhoun v. Lanaux, ann. cas. 167. State and federal court, receiver, federal question, Calhoun v. Lanaux, ann cas. 167. See constitutional law, R. D. 494.

recent possession of stolen goods, explanation of suspicious possession, Moreno v. State, ann. cas. 11. in order to raise a presumption of guilt from the pos session of stolen goods, such possession must be recent, absolute, exclusive and unexplained, Moreno v. State, ann. cas. 11.

the mere presence of stolen goods on the premises of a prisoner will not warrant a conviction if he has had an opportunity to explain how they came there, Mereno v. State, ann. cas. 11.

the general rule of the doctrine of lex fori, L. A. 255. LIBEL.

publication, corporation, R. D. 3.

publication. A mere printing of libelous matter for the use of a corporation does not constitute a pub. lication thereof, R. D. 3.

justification, truth of charge, mitigation of damages. Can defendant who has failed in a plea of justification prove the bad character of the plaintiff in miti. gation of damages, C. E. 109.

a license tax on the occupation of doing a business is a tax on the business, Leloup v. Port of Mobile, ann. cas. 119.

LIEN.

a treatise on the law of lien, by Leonard A. Jones, review of, R. P. 204.

See innkeeper, Covington v. Newberger, ann. cas. 263. LIGHTNING CLAUSE.

See insurance, DeGraff v. Queen Ins. Co. ann cas. 284. LIMITATIONS.

statute of. An action for personal injuries is barred by the statute of limitations, at the end of the period after the injury is suffered, which is prescribed by the statute for bringing such actions, Q. A. 52. statute of, under the doctrine of lex fori, L. A. 255. LIMITATION OF ACTIONS.

See what constitutes adverse possession, Riggs v. Riley, ann. cas. 87.

statute, trover and conversion, bailment, R. D. 423. LINDEL ESTATE.

ruling of the supreme court of the United States holding the validity of the title of heirs who derived their title through other parties from the grovernments of France and Spain. See Missouri land title, R. D. 590.

LIS PENDENS.

ruling on the subject of lis pendens in actions to quiet title. What parties are affected by such action, and as to what claims it is res inter alios acta. See deed, R. D. 304.

LIVE STOCK.

See insurance, DeGraff v. Queen Ins. Co. ann, cas. 284. LOCALITY.

of practitioner. See malpractice, L. A. 567. LOSS OF DEVISE.

See specific performance, Hunter v. Mills, ann. cas. 236.

LYNCH LAW.

comments upon the violators of law practiced under

LYNCH LAW-Continued.

the name of lynch law. See Birmingham horror, C. E. 589.

MALICE,

See slander, R. D. 54.

See assault and battery, R. D. 303. MALPRACTICE.

pleading, action. Where a contract is made between physician and patient for the treatment of a particular disease if the gravaman of the charge made by the patient is negligence and unskillfulness, the action is in tort and not on contract, Nelson v. Har. rington, ann. cas. 548.

pleading, nature of action, school of medicine defined, clairvoyant physicians, contributory negligence, evidence, depositions taken in another case, Nelson v. Harrington, ann. cas. 548.

L. A. 567.

MANDAMUS.

equity. A court of equity will not compel the performance by county commissioners of a purely statutory duty, such heir the issuance of such stock in fulfillment of a subscription. The remedy, if any, is by mandamus, R, D. 2.

See equity, R. D. 2.

See religious societies, R. D. 135.

a pastor is not entitled to a mandamus to obtain his office if no temporal interest are involved, State v. Bibb St. Church, ann cas. 216.

See religious society, State v. Bibb St. Church, ann. cas. 216.

See railroad company, Minneapolis v. Minneapolis,etc. Co. ann. cas. 454.

bridges. Where a mandamus is pending to require a railroad company to bridge its track it is no objec tion that the contiguous track of another company must also be bridged, Minneapolis v. Minneapolis etc. Co. ann. cas. 454.

MANDATE.

mandate or mandamus is not the proper process to compel a church to admit into its pulpit the ministers of other denominations, although it has publicly agreed to do so, R. D. 135.

MANDATORY INJUNCTION.

See leases, Hodge v. Giese, ann. cas. 64.

MANUEL OF LAW OF WILLS.

by Charles Fisk Beach, review of, R. P. 588. MANUEL FOR NOTARIES.

by Florien Giauque, review of, R. P. 252. MARRIAGE.

What constitutes the capacity to contract marriage. See foreign marriages, L. A. 182.

theories respecting. See foreign marriages, L. A. 182. governed by the lex loci. See foreign marriage, L. A.

182.

in foreign State to avoid domiciliary law. See foreign marriages, L. A. 182.

of person divorced for adultery. See foreign mar riages, L. A. 182.

polygamy. See foreign marriages, L. A. 182. MARRIED WOMAN.

conveyance. A married woman can only convey land by authority and according to terms of a statute, Q. A. 108.

sole traders,separate.estate, strictures on modern legislation modifying the rights of married women. There is too much legislation and too much obscurity in such legislation, C. E. 181.

equitable estoppel, under circumstances stated in the opinion the claim of a married woman may be barred by an equitable estoppel, Galbraith v. Lunsford,

ann. cas. 503.

See insurance, R. D. 231.

a mortgagee in possession of chattel property before condition broken and without express agreement, L. A. 543.

in possession, his rights, duties and liabilities, L. A. 543.

MORTGAGES OF PERSONAL PROPERTY.

treatise on, by Leonard Jones, review of, R. P. 444. MR. CHIEF JUSTICE FULLER.

notice of his appointment, C. E. 81.

MR. FINKELNBURG'S REPORT.

See uniformity of statute law, C. E. 229. MUNICIPAL CORPORATIONS.

a city council having rejected all bids for a contract may reconsider and accept the offer of the lowest bidder, Ross v. Stackhouse, ann. cas. 114. letting contract, accepting and rejecting bids, abutting lot owners, Ross v. Stackhouse, ann. cas. 114. bonds, authority to issue, if a city issues bonds which are not authorized by law or its charter, such bonds are not valid, but under certain circumstances the city will be estopped from denying their validity in the land of a bona fide purchaser, Q. A. 156. street improvements, assessment, due process of law, notice, mortgage, Garvin v. Dausmann, ann. cas. 312.

rights of cities to grant permission to erect poles and lay telegraph wires, L. A. 447.

See railroad company, Minneapolis v. Minneapolis,

etc. Co. ann. cas. 454.

street improvements, negligence of contractor, respondeat superior, contributory negligence, what is notice, City of Birmingham v. McCrary, ann. cas. 598. MUNICIPALITIES.

action against, rule as to the name of a municipality in a summons against such a body, see summons, L. A 524.

MURDER.

See insurance, R. D. 158. MEYER.

W. G., editor of federal decisions, R. P. 300. editor of federal decisions, R. P. 420. NAME.

fictitious name. To authorize the issuance of a sum mons against a party by a fictitious name it must appear that the plaintiff was ignorant of the true name of the defendant. See summons, L. A. 5.3. NATIONAL BANKS.

See banks and banking, R. D. 398. NATIONAL BAR ASSOCIATION. American bar association, C. E. 445. NATURALIZATION LAWS.

Chinese comments on a ruling that a person who is