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INDEX.

Cases reported in full are cited by names of the parties. References to abstracts are indicated by the abreviation ab; to the Current Topics, by C. T.; to the Correspondence, by Corresp.; and to the notes by n. or note.

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Jurisdiction of New York Pilotage laws on the high seas, ab. U. S. S. C., 209.

Limitation of liability for collision to the value of the offending vessel and freight, ab. U. S. S. C., 355. Practice in, upon bills of exceptions, ab. U. S. S. C., 20. Steamers and sailing vessels in collision,ab.JU.S.S.C,,20. The admiralty jurisdiction of the United States ex

tends to traffic upon the high seas between ports of the same State, ab. U. S. S. C., 188.

What injuries to a government transport constitute a "war risk," ab. U. S. S. C., 92.

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APPEAL-Continued.

Pecuniary limit to appeals from the Supreme Court of the District of Columbia, ab. U. S. S. C., 114. Pecuniary limit to appeals to the Supreme Court of the United States, ab. U. S. S. C., 136.

Pecuniary limit to the jurisdiction of the Supreme Court of the United States in, ab. U. S. S. C., 137. Right of the Supreme Court to award damages for frivolous appeals, ab. U, S. S. C., 138.

The jurisdiction of an appeal in a salvage case depends upon the amount of the recovery as a whole, ab. U. S. S. C., 165.

What constitutes a "final decree in equity," from which an appeal will lie in the Federal courts, ab. U.S. S. C., 41.

APPELLATE PRACTICE.

An appeal from a default will lie, without first a motion to set aside the default, ab. S. C. Ind., 261. Discretion of trial court in refusing to set aside ver. dict, ab. S. C. Mo., 428.

Errors relied on must be assigned, ab. S. C. Ind., 140.
How far an overruled motion to strike out will be con-
sidered upon appeal, ab. S. C. Kan., 214.
Increase of supersedeas bond pending appeal, ab., U.
S. S. C., 573.

No appeal will lie from a decree entered in exact accordance with the mandate upon a former appeal, ab., U. S. S. C., 477.

ARMY AND NAVY.

President's power to dismiss officers, ab. U. S. S. C.

66. ARREST.

Arrest of corpse for debt. Corresp., 456.

To justify an order of, facts proving fraud should be stated in the affidavit, ab. S. C. Kan., 213.

ASSAULT.

No action will lie for a permitted assault. Latter v. Braddell, 282.

Permitted assaults, C. T., 121.

ATTACHMENT.

Effect of forthcoming bond, ab. S. C. Kan., 22. Levy of an attachment against an individual of a firm on partnership assets, ab. S. C. Kan., 407.

ATTORNEY.

Admission to the bar. C. T.. 481.

Extent of power to bind clients by stipulation, ab. S. C. Ind., 288.

Liability for a collection embezzled by his agent-interest, ab. S. C. Kan., 22.

Power of the St. Louis Criminal Court to disbar, ab. S. C. Mo., 575.

"Subsidized Advocacy," Irish Law Times, 74. See JUDGMENT.

BAILMENT.

Liability of bank as collecting agent. Milwaukee Nat. Bank v. City Bank, U. S. S. C., 370.

Rights and duties of finders of lost articles. C. T. 145. BANK.

Liability of a bank as collecting agent. Milwaukee Nat. Bank v. City Bank, U. S. S. C., 370.

Regulation of savings bank as to the payment of money to depositors. C. T., 145.

Where deposits were made by the plaintiff's intestate, a clerk in the employ of a firm of shipping brokers, of moneys received in the ordinary course of busi

BANK-Continued.

ness of such firm on account of vessels consigned to them, for freights collected, the deposits being made in the name of plaintiff's intestate on account of the financial embarrassments of said firm, for safe keeping, and in order that they might be paid over to the parties to whom they actually belonged; and where such funds were applied by the bank, the defendant, in payment of a matured indebtedness to it by the firm, upon the claim that the money was really deposited for the benefit of the firm, and became liable for their debt: Held, that the firm had no title to the moneys, and the defendants' demand was not the subject of set-off or recoupment against such moneys, they never having lost their original character, or been mingled with moneys of the firm. Falkland v. St. Nicholas Nat. Bank, 348.

See Agency, National Banks.

BANKRUPTCY.

A fraudulent conveyance by the bankrupt, can only
be attacked by the assignee, ab. U. S. S. Č.. 308.
Discharge, effect upon fraudulent debts, ab. U. S. S.
C., 599.

Effect of discharge upon the claims of alien creditors.
Ruiz v. Eickerman, U. S. C. C., E. D. Mo., 60.
Revival of a debt discharged by bankruptcy, ab. S.
C. Ind., 116.

Rights of assignee as to paper due the bankrupts held as collateral, ab. U. S. S. C., 526.

Right of bankrupt to prosecute a writ of error in his own name from a judgment rendered after his adjudication, ab. U. S. S. C., 114.

The right to bring an action to divest property fraudulently conveyed is vested in the assignee alone, and the creditors can not do it, ab. U. S. S. C., 285. Unlawful preference under the act of June 22, 1874, ab. U. S. S. C., 209.

What is a fraudulent debt? C. T., 385.

Whom does the assignee represent? ab. U. s. S. C., 500. See United States Marshal.

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Dillon's Municipal Corporations, 528.

"High on Injunctions," 192.

Jacob's Fisher's Digest, 576.

Kansas Reports, Vol. 24, by A. M. Randolph, 480. "Law of Stocks, Bonds," etc., by F. A. Lewis, 431.

Liability of Officers and Agents of Corporations, by S. D. Thompson, 120.

Medical Jurisprudence, a Manual of, by A. S. Taylor,
M.D., F.R.S., etc., 143.

Missouri Reports, Vol. 71, by Thomas K. Skinker, 430.
Nebraska Reports, Vol. 10, by Guy A. Browne, 96.
Pollock on Contracts, Am. Ed., by G. H. Wald, 383.
Rapalje's New York Reference Digest, 552,
"Removal of Causes," by John F. Dillon, 360.
Rhetoric as an Art of Persuasion, by an Old Lawyer, 71.
Wood on Landlord and Tenant, 600.

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An injury to a passenger in a collision raises a presumption of negligence, ab. S. C. Mo., 216. Assent to contract limiting liability contained in the bill of lading not presumed, ab. S. C. Ohio, 263. Contract limiting liability; "solely at the risk of the sender." C.T., 457.

Exclusion of female passenger from ladies' car on ac count of disreputable chararcter. Brown v. Memphis, etc. R Co. U. S. C. C., E. D. Tenn., 442. Liability for loss of goods by fire while awaiting transportation, ab. S. C. of Ohio, 263.

"Liability of Street Railroads to Passengers." W. H. Whittaker, 176.

Limitations of the rule requiring sound and safe means of transportation. Kentucky, etc. R. Co. v. Thomas, Ky. Ct. App., 61.

Log driving is not common carriage. Mann v. White River Log Co., with note., S. C. Mich., 423.

No remedy by mandamus for a refusal by common carrier to carry. People ex rel. v. New York, etc. R. Co. Note by John D. Lawson, 108.

Railroad liable for negligence to one traveling on a shipper's pass, ab. S. C. Ind., 115.

The shipper of goods may order them delivered to a different person than the consignee mentioned in the bill of lading, ab. S. C. Kan., 407.

COLLATERAL.

Need not be returned before suit commenced, ab. S C. Ind.,21.

COLLISIONS.

Respective duties of steamers and sailing vessels, ab. U. S. S. C., 20.

CONSTITUTIONAL LAW.

A State law in aid of secession unconstitutional, ab. U. S, S. C., 18.

A State's right to tax its own bonds. C. T., 97. "Constitutionality of Local Option Laws," Henry Wade Rogers, 123.

Construction of sec. 22, art. 9. of the Missouri Constitution, ab. S. C. Mo., 503.

Construction of the provision requiring that the subject-matter of an act shall be clearly expressed in its title, ab. S. C. Kan., 94.

Discrimination by State taxation in favor of home productions, unconstitutional. Webber v. Virginia, U. S. S. C., 488.

Iowa statute limiting actions for recovery of lands sold for taxes. Barrett v. Holines, U. S. S. C., 200. "Legislative Power to Regulate Railroad Franchises,' G. D. Bantz, 194.

"Limits to Legislative Power in the Passage of Cura. tive Laws." T. M. Cooley, 2.

Limitations upon the issue of municipal bonds, ab. U. S.S. C. 43.

"Local Option- A Rejoinder to Charles R. Grant." Henry Wade Rogers, 361.

"Local Option in Ohio-A Reply to Henry Wade Rogers." Charles R. Grant, 314.

Ordinance forbidding the letting, generally, of prem ises to prostitutes. C. T., 409.

Power of the lower house of Congress to punish for contempt, ab. U. S. S. C., 331.

Repeals by implication. State ex rel. v. Gaines, S. C. Tenn., 592.

Repeals by implication. Home Ins. Co. v. Taxing District, S. C. Tenn., 589.

Repeal of law giving a remedy to creditors of municipalities, ab. Ü. S. S. C., 404.

CONSTITUTIONAL LAW-Continned.

State right to regulate the use of patented property.
State ex rel. v. Bell Telephone Co., S. C. Ohio, 595.
"Titles of Legislative Acts." Frank W. Peebles, 99.
See Remainder.

CONSIDERATION.

"Antecedent Indebtedness as a Valuable Considera tion." O. F. Bump, 26.

See Contract.

CONSPIRACY.

"Evidence of Conspiracies." Wm. L. Murfree, Jr., 242. CONTEMPT.

County commissioners, to whom a mandamus is directed, are not liable for contempt for the disobedience of the county clerk and treasurer. United States v. Labette Co., 36.

CONTINUANCE.

Notice of, in justice's court, ab. S. C. Kan., 118. See Practice.

CONTRACT.

Agreement for extension of time of payment, what constitutes, ab. S. C. Wis., 140.

"Agreements to Compromise Prosecutions," Irish Law Times, I, 270; II, 294.

A judgment against a joint maker of a note is a bar to an action against other makers, ab. S. C. Ind., 261. An assignment of a bond and mortgage will be construed in accord with its plain meaning, notwithstanding it is unskilfully drawn, ab. J. S. S. C., 164. "Antecedent Indebtedness as a Valuable Consideration." O. F. Bump, 26.

A sale conditioned that the title shall remain in the seller, construed as an absolute sale, ab. U. S. S. C., 138.

"Catching Bargains." Irish Law Times, 413.

Consideration for a conveyance of mortgaged premises to mortgagee, ab. S. C. Ind., 261.

Construction of a pledge as collateral, ab. S. J. C. Mass., 429.

"Contracts by Telegraph." C. G. Tiedeman, 365. Contract for sale of public office, void, ab. Ky. Ct. App., 239.

"Contract to Leave by Will," Solicitors' Journal, 98. "Effect of Destruction of Buildings upon Contract for Sale." E. A. Marshall, 79.

Effect of misrepresentation of legal effect of instrument, ab. S. C. Ind., 213.

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Lunatic's accommodation paper. C. T., 577.
Marriage as a valuable consideration. Prewitt v.
Wilson, U. S. S. C., 249.

Note given for precedent debt, extinguishment, ab.
S. C. Ind., 528.

Promise to indemnify for a recognizance in a criminal case. Anderson v. Spence, S. C. Ind. 562. Recovery of money paid upon an illegal executory contract. Congress Spring v. Knowlton, 224. Recovery of value upon contract to pay Confederate dollars, ab. U. S. S. C., 451.

Recovery upon altered contract, ab. U. S. S. C., 476. Rescission of a wagering contract, ab. S. C. Ohio, 95. Rescission of; executory contracts only can be rescinded. Smith v. Hughes, 17.

The relinquishment of dower a valuable consideration, ab. S. C. Ind., 357.

The acceptance of a bridge will not amount to a waiver of defects in it, unless the defects were known, ab. S. C. Mo., 168.

The common-law rule "whereby if one of two or more joint promisors or obligors should die, his representatives were at law discharged, and the survivors alone could be sued," has never been a part of the law of Indiana, ab. S. C. Ind., 333.

To make a tender of a deed not drawn in accordance with the terms of the contract, not a sufficient performance, ab. S. C. Kan., 94.

To render a note a valid collateral security, there must have been an actual consideration. Walker v. Carleton, S. C. Ill., 253.

What constitutes a consummation of, ab. S. C. Kan., 22.

What facts will constitute duress in signing note for the debt of another. Solinger v. Earle. Note by F. W. Peebles, N. Y. Ct. App. 79.

Where a municipality issues and sells bonds void be. cause of misrepresentations upon their face, the

CONTRACT-Continued.

transaction is a borrowing, and an action may be maintained for money had and received. City of Louisiana v. Wood, U.S. S. C., 13.

What constitutes an executory contract. Smith v. Hughes, 17.

Where the consideration of a mortgage is an entirety, if a part of it is illegal, the taint attaches to the whole transaction. McQuade v. Rosencrans, 475. Wife's signature to mortgage of homestead a valuable consideration, ab. S. C. Kan., 427.

See Duress, United States Mail.

CONVEYANCE.

Construction of a restriction in a deed from erecting a building within ten feet of the street line, ab. S. J. C. Mass., 93.

Encumbering an equitable interest in land, ab. S. C. Kan., 407.

Liability for accrued interest upon a mortgage mentioned in a deed, is no breach of a covenant against incumbrances, ab. S. J. C. Mass., 260.

"Nature and Effect of a Quit-Claim Deed." W. B. Martindale, 127.

Where a deed from the father and mother to the son is expressed to be for "the better support and maintenance" of the grantors, such support, etc., is a part of the consideration, and not a condition subsequent, ab. S. C. Ind., 142. See Insanity, Title.

COPYRIGHT.

"Literary Property." Henry Wade Rogers, 338. Of Law Reports. C. T., 313. CORPORATION.

Acts by less than a quorum of directors, invalid, ab. Eng. High Ct., Ch. Div., 235.

Agreements among stockholders limiting their liability, ab. S. J. C. Mass., 190.

Alteration and amendment of charter of railroad company by the legislature, ab. U. S. S. C., 284. Effect of repeal of a general corporation law upon the corporations formed under it, ab. S. J. C. Mass., 239.

Fraudulent understanding of a coal contractor with directors of a railroad company. Wardell v. Union Pa. R. Co., U. S. S. C. 559.

Levy of executions upon stock. C. T., 73.

Person holding stock as collateral, not entitled to transfer, ab. S. C. Ohio, 95.

Signing the constitution and by-laws not essential to membership, ab. S. J. C. Mass., 237.

"The Doctrine of Ultra Vires; under what Circumstances and in whose Favor it is Applicable." J. C. Harper, 386.

What constitutes a subscription to stock, ab. U. S. S C., 42.

"What is a Sufficient Transfer of Corporate Stock to Pass the Title." B. B. Boone, 198.

See Stockholder, Ultra Vires. COSTS.

Clerk's fees on tax sales. State, ex rel. v. Gaines, Sup. C. Tenn., 592.

In a replevin suit, where the wrong property is seized should be taxed against plaintiff, ab. S. C. Ga., 118. Official character of a defendant in proceedings for mandamus no defense against the awarding of costs, ab. U. S. S. C., 188.

COTENANCY.

Lien for contribution for repairs. Alexander v. Ellison, Ky. Ct. App., 10.

Subrogation of co-tenant for repairs made, incum brances cleared off, etc., ab. S. C. Ill., 166. COUNTERCLAIM.

In an action to foreclose a mortgage, ab. S. C. Ohio, 20 COUNTY BONDS.

Are negotiable paper, ab. U. S. S. C., 599. COUNTY WARRANTS.

How far negotiable instruments, ab. U. S. S. C., 547. COURT.

Power of, in Indiana to call an attorney to sit as judge pro tempore, ab. S. C. Ind, 333.

COURT OF CLAIMS.

Constitutionality of the act establishing, ab. U. S. S. C.. 66.

COVENANT.

Of seizin, what constitutes a breach of. Smith Hughes, S. C. Wis., 17.

ee Conveyance.

CREDITORS.

Rights of, not affected by fraudulent conveyance of partnership funds to pay individual debts. Hartley y. White, S. C. Pa., 15.

CRIME.

Statistics of crime in Europe, note, 96.

CRIMINAL LAW.

A dwelling house situated upon the land of another may be the subject of conversion, ab. S. C. Ind., 142. An indictment need not negative exceptioas contained in another statute, ab. S. C. Mo., 262. An instruction that: "Facts and circumstances to be considered against the accused must be proved to be true beyond all reasonable doubt; and those tending in his favor need only be proved by evidence sufficient to cause a reasonable belief of their truth," held, error, ab. S. C. Ind., 261.

Before a person can be sentenced, he must be taken before the court and asked whether he have any legal cause to show why judgment should not be entered, ab. S. C. Kan., 119.

Defendant's evidence as a basis for an instruction, ab. S. C. Mo., 550.

Defendant must be convicted as charged, or not at all, ab. S. C. Mo., 503.

Distinctions between burglary and larceny, ab. S. C. Ga., 118.

If a party permits two months to elapse after an affront, and then seeks the insulter and shoots him, such affront will not justify an assault with intent to kill, ab. S. C. Ga., 118.

In a murder trial, held, error to reject evidence of the fighting, ruffianly, desperate character of the deceased,and the defendant's knowledge of such facts, ab. S. C. Wis., 47.

In a trial for burglary, the fact that the person whose house was broken into, being a lawyer, assisted in the prosecution, will not affect a verdict of guilty, ab. S. C. Wis., 47.

Insanity as a defense to homicide, ab. S. C. Kan., 427. "Once in jeopardy," ab. S. J. C. Mass., 68. Prosecution of the Mormons. C. T., 361.

Right of the victim of a crime to appear as prosecuting counsel, note, 24.

The assumption in a criminal trial that a crime has been committed, is error, ab. S. C. Ind., 47. The question of whether the defendant is under age, must be raised in the trial court, and not by habeas corpus, after he has been sentenced, ab. S. C. Mo. 574. Variance of indictment and proof, ab. S. J. C. Mass., 68.

What words indicate a new count in an indictment, ab. S. J. C. Mass., 70.

Where the record shows no entry of any plea, the verdict will not be sustained, ab. S. C. Ind., 116. See Evidence, Perjury.

CURATIVE LAWS.

"Limits to the Power of the Legislature in the Passage of." T. M. Cooley, 2.

CURATOR.

His bond is the measure and limit of his liability, ab. S. C. Mo., 382.

CURTESY.

Effect of a conveyance by the husband upon his estate by the, ab. S. C. Mo., 216. DAMAGES.

Awarded for a frivolous writ of error sued out for delay, ab. U. S. S. C., 500.

Bad character of plaintiff evidence in mitigation of, in an action for slander, ab. S. J. C. Mass., 69. "Exemplary Damages." Wm. L. Murfree, Sr., I., 529; II., 554, and III., 577.

For assault and battery should not be punitive unless there was malice and gross outrage, ab. S. C. Mo., 356. For personal injury, quantum, ab. S. C. Wis., 67. For right of way for railroad do not include the liability of teams to be frightened by the proximity of the railroad, ab. S. C. Kan., 119.

Measure of, for breach of contract of sales of goodwill of business, ab. S. C. Ohio 23.

Measure of, for personal injury; interruption of business, ab. S. C. Wis., 478.

Nominal, for breach of covenant of seizin until after eviction. Smith v. Hughes, S. C. Wis., 17. "Remoteness of Consequential Damages," Irish Law Times, I, 534, and II, 583.

Remoteness of Damages. C. T., 553.

When interest upon, should not be allowed, ab. S. C. Mo., 287.

DAMAGE S-Continued.

Verdict of $2,000 punitive damages sustained in an action for libel, ab. S. C. Wis., 140.

See Death by Wrongful Act, Slander and Libel. DEATH BY WRONGFUL ACT.

Action under the statute of another State. Leonard v. Columbia Steam Nav. Co., 377.

Action under the law of another State. Corresp., 433 "Dennick v. Central R. Co. of New Jersey again." W. H. Bailey, 487.

Extra-territorial force of statutes. Dennick v. Central R. Co. of N. J., with note by M. A. Low, 393.

In Massachusetts no civil liability for, ab. S. J. C. Mass., 237.

Measure of damages for killing a child, ab. S. C. Ind., 528.

"Was Death by Wrongful Act, Default or Negligence Actionable at Common Law? If so, by Whom could the Action be Brought?" Fontaine T. Fox, Jr., 464. DECEIT.

Misrepresentation as to the solvency of another. C. T., 385.

Misrepresentaiion in the prospectus of a company. Arkwright v. Newbold, Eng. Ct. App., 375.

DEDICATION.

Sufficiency of, and evidence of acceptance, ab. S. C. Mo., 455.

See Administration.

DEED.

A failure to object to an imperfect deed, when offered in evidence, does not impart to it any efficacy as a conveyance, ab. S. C. Mo., 286.

Construction of a condition against building on the street line, ab. S. J. C. Mass., 286.

Possession of, as evidence of delivery, ab. S. C. Wis, 48.

What constitutes a breach of covenant of seizin. Smith v. Hughes, S. C. Wis, 17.

DEFAULT.

See Appellate Practice.

DEMURRER.

"Demurrer to Evidence." Wm. L. Murfree, Sr., 434. DEPOSITIONS.

Instruction as to the inferiority of, as evidence, ab. S. C. Ind., 21.

See Evidence. DIES NON.

Sunday law in Wisconsin. C. T., 553. DISTRICT OF COLUMBIA.

Colored schools in, ab. U. S. S. C., 381.

U. $.Rev. Stat. §,558 making a party incompetent în an action with a personal representative to testify as to the acts and statements of deceased, applies to the courts of the District of Columbia, ab. Ú. S. S.C., 236. DOMICIL.

"Change of Domicil." Henry Wade Rogers, 51. DOWER.

In land, which has been sold for purchase money, ab. Ky. Ct. App., 211.

In real estate, as against debts of deceased husband, ab. S. C. Ind., 213.

DURESS.

A payment, under direction of a magistrate, by the defendant on a criminal charge not necessarily a payment under duress. Felton v. Cregory, S. J. C. Mass., 153.

As to principal is no defense to surety, ab. S. J. C. Mass., 165.

Commands from mistress to servant to submit to a medical examination for the purpose of ascertaining if she is in the family way, will not constitute dnress. Latta v. Braddell, 282.

Threats of imprisonment and threats to do bodily harm, ab. S. C. Ind., 115.

Threats of the prosecution and imprisonment of the defendant's son may constitute duress, ab. S. J. C. Mass., 453.

EJECTMENT.

Facts constituting an equitable defense, ab. S. C. Mo., 309.

EMBEZZLEMENT.

By broker of money entrusted to him for the purpose of stock gambling. Commonwealth v. Cooper. S.J. C. Mass., 208.

EMINENT DOMAIN.

Measure of compensation, ab. S. J. C. Mass., 69. Property already devoted to public use can not be taken again for the same use, ab. S. C. Ill., 258. The compensation for land taken for public use is the value of the land, ab. S. C. Ill., 258.

The exercise of, can not constitute a breach of covenant of seizin. Smith v. Hughes, S. C. Wis., 17.

EMPLOYERS' LIABILITY ACT.

Practical operation. C. T., 50.

EQUITY.

A court of equity will not enforce a contract which is fraudulent in part, ab. S. C. Mo., 216. Acquired by purchaser at an administrator's sale against the heirs, although the administrator's deed is imperfect and informal, ab. S. C. Mo., 168. Conflicting equities of two clients of the same dishonest solicitor. Allen v. Ld. Southampton, with note, 278.

Marrying a ward in chancery, note, 72.

No general jurisdiction to restrain an insolvent corporation from executing a lease, ab. S. J. C. Mass., 92.

The rule prohibiting one of two persons who are mutually interested in the same land from acquiring a tax title to the prejudice of the other does not apply to first and second mortgagees. Conn. Mut. L. Ins. Co. v. Bulte. S. C. Mich., 87.

Where one has been fraudulently induced to make a part payment, effect of notice of the fraud upon 24 subsequent payments. Sonstiby v. Keeley. U. S. C. C., D. of Minn., 206.

Will not relieve from a mistake in law, where there is no fraud or imposition, ab. S. C. Mo., 45.

See Married Woman, Mistake. ESCROW.

A state of facts tending to show that a delivery of a deed was in escrow, ab. S. C. Mo., 167.

ESTOPPEL.

As to what facts does a judgment operate as, ab. S.C. Ohio, 263.

Burden of proof, ab. S. C. Wis., 552.

"Estoppel by Conduct-Scienter." R. T. Holloway, 29. By false representation, unknowingly made as to the title of land, ab. S. C. Mo., 406.

How far is a county concluded from pleading an off-set to county warrants, which were in existence at the time of their issue, ab. U. S. S. C., 548.

Maker of note not estopped to set up alterations made after execution, by statements made to purchaser, if made without knowledge of the alteration. Koons v. Davis, S. C. Ind., 60.

Of mortgagee, who lies by after default and permits improvements to be made upon the premises. Masterson v. West End Narrow Gauge R. Co., 186. Receipt given by one whose goods have been seized by an officer, will estop him from an action, ab. S. C. Wis., 140.

The obligors on a bond given in pursuance of a State law in aid of secession, are estopped from pleading its invalidity, ab. U.S. S. C., 18.

To deny the genuineness of a forged bill of exchange by silence. McKenzie v. British Linen Co. H. L., 419.

To prove that goods sold under a firm name in fact belong to one partner exclusively, ab. S. J. C. Mass., 334.

EVIDENCE.

Admissibility of evidence as to plaintiff's testimony on former trial, ab. S. C. Kan., 478.

Admissibility of parol evidence to vary written instruments, ab. Ky. Ct. App., 239.

An objection to a deposition must be made by motion to suppress before trial, ab. S. C. Mo., 262.

"A Phase of the Burden of Proof in Actions on Promissory Notes Payable to Bearer." Stephen H. Tyng.

222.

A sheriff's deed prima facie evidence of the recitals contained therein, ab. S. C. Mo., 286.

As to grounds of attachment, ab. S. C. Kan., 22. A witness has a right to state whether, when he left the State, he did so with intent to defraud his creditors, ab. S. C. Ind. 116.

A witness who was a newspaper reporter permitted to refresh his memory by looking at the newspaper report prepared by himself, ab. S. J. C. Mass., 69. Burden of proof to show facts constituting an estoppel, S. C. Wis., 552.

EVIDENCE-Continued.

Deed of trust acknowledged before the trustee as notary, ab. S. C. Mo., 502.

"Demurrer to Evidence." Wm. L. Murfree, Sr., 434. Effect of a confession of a crime made under the in- . fluence of threats, ab. S. C. Ind., 261. "Evidence as to Character." Law Times, 414. "Evidence of Conspiracies." Wm. L. Murfree, Jr., 242. Fact of sale of an altered instrument to prove a fraudulent interest, in a prosecution for forgery, ab. S. C Ga., 118.

Facts admissible to show a motive for a murder, ab. S. J. C. Mass., 260.

Fatal variance in allegata and probata, ab. S. C. Mo., 455. Husband incompetent in an action by the wife for assault and battery, ab. S. C. Mo., 356. Incompetency of wife to testify to act of deceased husband under sec. 4014 Mo. R. S., ab. S. C. Mo., 267. In action for damages for misrepresentations in the sale of real estate, competency of the evidence of a third party as to representations made to him, ab. S. C, Ind., 20.

In action for death of railway employee, ab. S. C. Kan., 427.

In an action for slander the whole conversation is competent as a part of the res gesta, ab. S. J. C Mass., 166.

In an action for the price of coal it is not necessary to show public weighing in accordance with the statute, ab. S. J. C. Mass. 138.

In action of negligence, of incompetency of fellowservant. McDermott v. Hannibal, etc. R. Co., S. O. Mo., 571.

Instruction as to inferiority of depositions, as, ab. S. C. Ind., 21.

It is within the discretion of the trial court to permit leading questions, sb. S. C. Ind., 116.

Of handwriting by comparison of hands, ab. S. C Mo., 502.

Of malicious intent in case of homicide, ab. S. C. Kan., 427.

Of the condition of the country in an action against administrator for money stolen from him, ab. S. C. Mo., 550.

Of undue influence in the execution of a will. Stokes v. Miller, S. C. Pa., 445.

Parol evidence admissible to prove the real date of a mortgage, ab. S. J. C. Mass. 238.

Parol evidence admissible to show that the written contract was substituted, and was a fraud, ab., S. J. C. Mass., 215.

Pennsylvania statute as to insurance cases. C. T., 577. Positive and negative, weight of, respectively, ab. S. C. Wis., 67.

Possession of deed as evidence of delivery, ab. S. C. Wis., 48.

Proof of former marriage in a bigamy case, where there is long absence and conflicting presumptions. Regina v. Willshire, Eng. High Ct. Crown Cas., 400. "Proof of Handwriting." Sheldon G. Kellogg, 507. Transcripts from the records of the treasury department as evidence against delinquent revenue offcers, ab. U. S. S. C., 165.

Relative weight of written and verbal, ab. S. C. Mo., 287.

Weight of evidence to overcome the acknowledgment of a deed as showing its execution, ab. S. C. III., 166. Weight of, required in civil cases, ab. S. C. Ind., 261. What is sufficient to take a case of personal injury by negligence to the jury, ab. S. C. Wis., 454. What are privileged communications between husband and wile, ab. S. C. Ohio, 95.

When secondary evidence of the contents of a telegram is admissible, ab. S. C. Kan., 501.

When the account books of the plaintiff may be put in evidence, ab. S. C. Ga., 117.

Where question is proper, remedy for incompetent or irrelevant answer, ab. S. C. Kan., 406.

See Negligence, Partnership, Pauper, Will, Witnesses. EXECUTION.

What municipal property is subject to, ab. U. S. S. C.

19.

EXEMPTION.

Exemption must be claimed, and property pointed out, ab. S. C. Wis., 139.

Privilege of debt for purchase money does not create a lien, ab. Sup. Ct. Mo., 406.

"The Right of Exemption as Applied to Partnership Property." W. L. Stonex, 362.

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