Imágenes de páginas
PDF
EPUB

Instruct to find for it it plaintiff was a trespasser, so as to authorize a recovery if it was guilty of willful neg. ligence, where it claimed that plaintiff was a tres. passer because he was on a private way, and an instruction to find for it if he was on a private way un. less it was willfully negligent was given at its request; the latter instruction being substantially the same as the modified instruction.-CHICAGO, B. & Q. Ri Co. v. MUROWSKI, III., 53 N. E. Rep. 572.

105. RAILROAD COMPANY-Killing Stock-Negligence. --In the trial of a suit against a railroad company for the negligent killing of stock by the running of a train, evidence tending to establish that the stock were at large through no fault of the plaintiff was admissible. -LOUISVILLE & W. R. Co. v. HALL, Ga., 32 S. E. Rep. 860.

106. RES JUDICATA.-While it is a well established rule of law that a judgment rendered against one sued as an individual is not conclusive of any right he may have in a representative capacity, such as executor, administrator or guardian, yet where, in the defense to an action brought against one as an individual, he files an answer which practically, though not in ex. press terms, makes him, in his character as adminis. trator of a deceased person, a defendant to the action, and defends in the right of his intestate's estate, the estate is concluded by the judgment rendered in that action.-BRASWELL V. HICKS, Ga., 32 S. E. Rep. 861.

107. RES JUDICATA-Sales-Rescission.- A judgment that plaintiff did, in fact, make a valld and enforceable contract at law, is no bar to a sult in equity to relieve him from its effect on the ground of mistake.-SCOTT V. HALL, N. J., 43 Atl. Rep. 60.

108. REWARDS-Rights of Sheriff.-A sheriff, whose fees are fixed by law, and whose duty it is to arrest a guilty person within his jurisdiction, cannot recover a reward offered therefor, though he made extra exertlons, and incurred expenses not covered by the legal fees he was authorized to charge.-HOGAN V. STOPHLET, III., 53 N. E. Rep. 604.

109. SALES-Fraud-Rescission.-A seller, two days after shipping goods on the positive assurance of the buyer as to his solvency, received a report that the buyer was generally believed to be heavily in debt and to owe more than he had stated; but, still relying on his statement, the seller permitted the goods to be delivered. Held, that failure to stop the goods in transit, or to retake them from the buyer, was not a waiver of the right to rescind, and to retake them from the buy. er's assignee.-MCDONALD V. GOODKIND, Mont., 56 Pac. Rep. 967.

110. SALE-Possession.-A sale is sufficient if it places the property at the disposal of the vendee, and gives him, not only the title, but the constructive posses. sion of the property, with power to reduce it to actual possession at his own pleasure.-MASTERS V. TELLER, Okla., 66 Pac. Rep. 1067.

111. TAXATION-Situs.-While a non-resident owner of credits may give them a situs in this state for the pur. poses of taxation here, it is held on the facts, as certi. fied up in this case, that the objector in these proceed. ings, a foreign corporation, baving resident agents for certain purposes only, had not done so, and that its notes due from residents, secured by mortgages on real estate situated in this State, were not taxable in the taxing district in which such local agents resided. -IN RE DELINQUENT TAXES 1897. STATE V. SCOTTISH AMERICAN MORTG, Co. OF EDINBURGH, SCOTLAND, Minn, 78 N. W. Rep. 962.

112. TELEGRAPHS--Delay in Delivering Night Mes. sage.-A telegraph company authorizing railroad operators to receive messages in the night, and the charges therefor, is liable for mental anguish caused by a failure to deliver a message so received during the night, though it customarily does not deliver such messages until after the arrival of its own agents in the morning.-DOWDY V. WEST. UNION TEL. Co., N. Car., 32 8. E. Rep. 802.

113. TRIAL-Instructions.-A party has a right to have instructions correctly stating the law submitted to the jury, where there is evidence tending to prove the acts stated in them.-REDFERN V. MCNAUL, III., 53 N. E, Rep. 569.

114. TRUSTS-Parol Trusts-Evidence.-Code, $ 4230, making vold all parol trusts in land, precludes a grantor in a deed from proving by parol that the deed was executed to enable the grantee to manage the land for the grantor's benefit, and not to devest bim of his interest in the land.-HORNE V. HIGGINS, Miss., 25 South. Rep. 489.

115. TRUST-Resulting Trusts.-If a corporation loans money to one of its officers to be used in paying for land previously purchased by him, and for the erec. tion of buildings thereon for the use of the corporation in its business, no resulting trust in the land is created in favor of the corporation.-PAIN V. FARSON, III., 53 N. E. Rep. 679.

116. TRUST DEED-Construction - Beneficiaries. - A conveyance by deed of land to one as trustee for "his wife and the children, Issue of their marriage," in. cluded as beneficiaries (f the trust only the wife and such of her children of the marriage with the trustee as were in lite at the time of the execution and delivery of the deed. When the youngest of such beneficiaries reached the age of majority, the trust became executed, and the legal title to the property vested in them.-HOLLIS V. LAWTON, Ga., 32 S. E. Rep. 846.

117. VENDOR AND PURCHASER-Cloud on Title.-A vendor of land and warrantor of its title may maintain an action to prevent a cloud on the title of his vendee in possession, since his obligation to protect the title is a sufficient interest in the subject-matter to warrant the aid of a court of equity.-JONES V. NIXON, Tenn., 50 S. W. Rep. 740.

118. VENDOR AND PURCHASER-Fraud-Roscission.A vendee who, after discovery of the false and fraud. ulent character of the representations of bis vendor, which induced him to purchase land, leases it to another for a term of years, and puts his lessee in possession, and does nothing to notify his vendor of his intention to rescind the purchase until nearly a year after the discovery of the fraud, ratifies the contract, and cannot rescind.-PRECIOUS BLOOD Soc. V. ELSYTHE, Tenn., 50 S. W. Rep. 759.

119. WILLS-Annuities-Interest on Corpus.-Where a testator directs his trustee to deposit a fund in bank, and to pay a portion thereof annually to legatees for life, such legatees are not entitled to the interest accruing from a loan of the fund, but it must be added to the corpus.-IN RE TURNER, Tenn., 50 S. W. Rep. 767.

120. Wills-Life Estates.-A testator, not a lawyer, who had a wife, five daughters, four sons, and several grandchildren, devised all of his estate to his wife “during her natural life,” except small bequests, and, after her death, left property to his sons and grand. children, gave four of his daughters certain lands and a negro each, without qualification or limitation, and to his daughter S "and her heirs" gave certain land and a negro, but provided that the property devised to her should be subject to the trust, care and control of one of his sons "for her use," and that, should she die without children, the property should be divided among his other daughters, and, it any should be dead, her share should go to her children, and, should any of the other daughters die without children, her portion should go in the same way provided in the devise to S. Held, that s took a life estate only.-CROSS v. HOCK, MO., 50 S. W. Rep. 786.

121. WITNESS-Deed – Delivery. - As against complainant, claiming an interest in property as an heir of decedent, defendants, claiming under a deed from decedent a greater interest than given by the statute of descent, are incompetent to testify to matters occurring before the death of deceased.-LEAVITT V. LEAVITT, III., 58 N. E. Rep. 861.

TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING ARTICLES, ANNOTATED CASES, LEGAL NEWS, CORRESPONDENCE AND BOOK REVIEWS

IN VOLUME 48.

A separate subject-index for the “Digest of Current Opinions” will be found on page 515, following this Index-Digest. ACCIDENT INSURANCE,

BANKRUPTCY LAW, what constitutes an accident, 248.

a question of bankruptcy law, 39. ACTION,

date of the taking effect of the new bankruptcy for conspiracy by a laundrymen's association, hav.

law, 67. ing for its object to compel plaintiff to increase

priority of debts under the, 88. the price of laundry work, 329.

wages due to workmen under the, 88.

examination of bankrupt-notice, 420. ADVANCEMENTS,

BANKS AND BANKING. See, also, NATIONAL BANK. satisfaction by, 455.

a bank is presumed to know the signatures of its ADVERSE POSSESSION,

depositors, and if a bank pay to an innocent where a tenant has continued in adverse posses. holder for value the amount of a check purport

sion of land for over twenty years, the fact that ing to be drawn upon it by one of its depositors, during his occupancy there was a sale and con.

but the signature to which was in fact forged, the veyance of the premises for taxes, does not con. bank cannot recover back the amount from such stitute an interruption of his possession, 171.

holder, and if such holder on demand repay the ANIMALS,

amount to the bank, that does not entitle him to construction of act giving authority to members of

recover the amount from the prior innocent humane society to kill diseased or disabled ani.

holder for value who had Indorsed the check, 291. mals, 68.

BIGAMY, liability for negligence causing injury by a dog, 111. defendant's honest belief that he had been granted liability of owner of horse for injuries occasioned

a divorce before his second marriage, is no de to a pedestrian, 208.

fense to a prosecution for bigamy, 296. APPEALS AND APPELLATE PROCEDURE,

recent decisions on indictment for and evidence of appeals in habeas corpus cases, 128.

bigamy, 297. the illegality of contract, though not pleaded or re

honest belief in the death of a former husband or lied on as a defense at the trial court, will prevent

wife as a defense to a prosecution for bigamy, 367. its enforcement when suggested on appeal, 249. BILLS AND NOTES, ARKANSAS,

purchaser for value before maturity and in due construction of the anti-trust law of Arkansas,

course of trade of negotiable paper indorsed by

the payee in blank from one who has stolen it, affecting insurance companies, 487.

acquires a title good even against the owner, 68. ASSIGNMENT,

where stolen negotiable paper was transferred to a subsequent assignee of book accounts and bills

an insane holder as collateral security, courts receivable, who gives notice of the assignment to

will not, for the purpose of defeating his title, the debtors, has a title superior to that of the first presume that the loan secured by it was usurious, assignee, who has failed to give such notice, es

even where the lender testified that he did not pecially where the first assignee left the accounts

remember the rate of interest, 68. and choses in action in the hands of the assignee, a demand upon the receiver of a bank which issues as his agent, for collection, and the second ag.

a certificate of deposit, is insufficient to charge signee took actual possession thereof without

an indorser, as the receiver is not an agent of the notice of the first assigoment, 389.

bank por authorized to pay the certificate, 69. ASSIGNMENT FOR BENEFIT OF CREDITORS,

a pote to become due at the maker's death, is not a preferential mortgage executed simultaneously

invalid on account of the uncertainty of time of with a general assignment is not a part of it, 328.

payment, 190. operation of voluntary or common law assignment

the fact that a note is payable on the death of the upon property situated in other States, 428.

maker, does not constitute it a testamentary ASSOCIATIONS,

paper that must be executed according to the validity of by-law of board of trade, providing for statute of wills, 190.

the investigation of charges against members, estoppel of surety from claiming forgery of his with reference to their expulsion, 68.

signature as surety on a note, 268. the voluntary acceptance of by-laws by members a bank is presumed to know the signatures of its

of an association providing for the imposition of depositors, and if a bank pay to an innocent coercive fines for the violation of the association's

holder for value the amount of a check purport. rules, does not remove the fact of their coercive.

ing to be drawn upon it by one of its depositors, ness, 334.

but the signature to which was in fact forged, the ATTACHMENT,

bank cannot recover back the amount from such

holder, and if such holder on demand repay the of property in safety deposit boxes, 207.

amount to the bank, that does not entitle him to ATTORNEY AND CLIENT,

recover the amount from the prior innocent injunction against bogus attorneys, 420.

holder for value, wbo had Indorsed the check, 291. validity of purchase by attorney of client's prop.

effect on surety's liability of extension of time in erty at judicial sale, 28.

consideration of the payment of interest in adBAILMENT,

vance, 292. infant as bailee, 419.

the status of the law governing the liability of irBALL ROOM,

regular indorsers, 311. the law of the, 167.

an understanding at the time plaintiff gave defend.

[ocr errors]

CARRIERS OF PASSENGERS-Continued.

a carrier of passengers is liable in that capacity

for injuries to a passenger resulting from an as. sault by one of its employees although he was not acting within the scope of his employment,

75.

BILLS AND NOTES-Continued.

ant bank a note, that it would renew It until busi. ness should improve, contradicts the promise in

the note to pay on maturity, 388. where an innocent purchaser of two notes for the

same amount, executed by the maker while be was owing the payee only the amount of one of them, collected one of them of a person who had assumed the maker's debts, and then sued him on the other, but failed to recover, it was held that the judgment was not res adjudicata, preclud. ing the purchaser from maintaining a suit on such other note against the maker, 449. one having executed two notes for the same amount

while he was owing the payee only the amount of one of them, being sued on one of the notes by an innocent purchaser of both, after the purchaser had collected the amount of one, cannot, under a plea of payment, show that the purchaser had re.

ceived all that he had advanced for the notes, 449. BOARD OF TRADE. See ASSOCIATION. BOOKS RECEIVED, 39, 60, 80, 119, 199, 219, 279, 339, 359,

380, 479, 497. BOYCOTT,

legality and legal status of the boycott, 47. injunction against publication of boycotting circu.

lar, 116. conspiracy to compel a man to pay his debts, 119. action for conspiracy in the nature of, 329. liability of members of an association to plaintiffs

for actual damages caused to their business in attempting to maintain a boyeott within the association, 334. recent cases on the subject of combinations and

conspiracies in the nature of boycott, 337. BROKERS,

where a broker who has an express agreement with

his principal to sell goods of the latter on commission, contracts in his own name with tbird persons for the purchase of goods to be furnished by the principal, who approves the orders but afterwards refuses to send the goods, he cannot

recover for such loss from the principal, 249. BROWNE, IRVING,

death of, 147. BUILDING AND LOAN ASSOCIATIONS,

a member of a, who borrows money from the asso

ciation, and bids a premium for the privilege of obtaining the loan, and executes his bond for the amount of the loan and premium, and gives a mortgage to secure the payment of such bond, and also assigns to such association his shares of stock as collateral security, is not entitled, on foreclosure of such mortgage by the receiver of such association, to apply the amounts he has paid as dues upon his stock, in reduction of his

indebtedness, 153. recent cases on the rights and liabilities of bor.

rowers from insolvent building and loan associations, 155. set-off by stockholders of a claim due from, against

a debt due to the association, 219.

receiverships of building and loan associations, 369. BUILDING CONTRACT. See CONTRACT. CARRIERS OF GOODS,

liability of, for injury to goods occasioned by im.

proper or lack of ventilation, 288. discrimination in rates by public service corpora

tions at common law, 467. a special contract providing that the carrier shall

not be liable for the loss by fire of the goods shipped, limits the carrier's liability to damages caused by its negligence, and in an action against a carrier on a contract containing such exemp. tion, the burden is on the shipper to show negli

gence, 468. CARRIERS OF PASSENGERS, validity of 'anti-scalpers' ticket law of New York,

27.

recent decisions on the liability of carriers of pas

sengers for injuries caused by unauthorized acts

of employer, 77. passenger on a freight train, who voluntarily and

unnecessarily rides in a freight car, containing a horse and household goods, which he is shipping over the line of road, instead of riding in the caboose, provided for the accommodation of passensengers, and who is injured by the negligent handling of the car, will be deemed guilty of contributory negligence, and the permission of the train men to ride in the freight car will constitute

no excuse for his act, 349. CEMETERY,

as a nuisance, 308. CHATTEL MORTGAGE,

what are fixtures, within the terms of a, 131. druggists' prescriptions not included within a

chattel mortgage given on a stock of drugs, medi

cines, etc., 409. CHECK. See BANKS AND BANKING. CITIZEN, privileges and immunities of State citizenship, 431.

who are citizens, within the meaning of this

clause, 432.
what are privileges and immunities within the

meaning of this clause, 433.
statute of limitations, 434.
attachment based on non-residence, 434.
right to maintain actions, 434.
fishing rights, 434.
exercise of electoral franchise, 434.
license tax, 435.
rate of taxation, 435.
cattle regulations, 435.
dower and exemptions, 435.
right to take title to property as trustee, 435.
right to share insolvent estates, 435.

marital rights, 435. COMBINATION. See CONSPIRACY. CONFLICT OF LAWS,

statutory liability of stockholders in a foreign

State, 87. the property rights of married woman, 107. conflict of the laws of usury, 151. the marriage of a man after his wife has procured

a decree of divorce in another jurisdiction, with out personal service upon him, or his appear. ance, does not estop him from denying the jurisdiction of the court to afterwards open the decree, without notice to him and afterwards award

alimony against him, 188. liability of stockholders in foreign jurisdictions,

192. a Jecision of a foreign State that an insolvent cor

poration of that state cannot execute a preferential mortgage to secure an antecedent debt, is not binding on the courts of another State as to a mortgage of such corporation, no statute being

construed, 328. operation of voluntary or common law assigament,

upon property situated in other States, 428. CONFUSION,

of cattle, 39. CONSPIRACY,

to compel a man to pay his debts, 119.
action for conspiracy in the nature of a boycott, 329.
in the nature of boycott, 334.
recent cases on the subject of combinations and

conspiracies in the nature of boycott, 337. CONSTITUTIONAL LAW,

validity of "anti-scalpers" ticket law of New York,

27.

on

CONSTITUTIONAL LAW-Continued.

validity of act prohibiting the performance of all

labor or business excepting works of necessity or charity, on Sunday, 67. validity of act requiring the closing of barber

sbops on Sunday, 57. constitutionality of Sunday barbering acts, 58. reading the Bible in public schools, as violative of

the constitution, 67. validity of Ohio "lynch law" statute, 87. constitutionality and effect of the "indeterminate

sentence law" of Massachusetts, 167. power of the State to enact anti-usury legislation,

187. validity of statute declaring the measure of dam

ages in case of loss by fire, 228. constitutionality of State legislation requiring rail.

road companies to stop their through trains at certain stations on their through line of route,

287. city ordinance making it uplawful to cover any

package of fruit with any colored netting or other material having a tendency to conceal the true color or quality of any such goods which may be offered for sale, is void as unreasonable and op

pressive, 288. constitutionality of State statute making cities lia

ble for property destroyed by mobs, 368. so much of the federal statute ag provides that the

judgment of conviction against the principal in the crime of embezzlement or larceny of property of the United States, shall be evidence in the prosecution against a receiver thereof, that the property was embezzied or stolen, is in violation of the constitution declaring that an accused shall be confronted with the witnesses against

him, 408. the imposition of a different but not a greater pun.

ishment for a crime, does not make a statute ex post facto as applicable to a crime previously com.

mitted, 410. privileges and immunities of State citizenship, 431. proper and improper regulations of railroad corpo

rations, by State legislation, 447. CONTEMPT,

liability of a corporation for criminal contempt,

148. of court, by newspaper publication, 187. punishment of contempt of court by a corpora

tion, 187. punishment for, in the violation of injunction by

strikers, 427. CONTRACT, promise by an adult to pay the rent of premises oc

cupied by him while an infant, is binding, 2. performance of a contract to paint a portrait,

wherein the painter agrees to perform to the sat.

isfaction of the promisee, 69.
interference of third parties in contracts of others,
112.

the general doctrine, 113.
rule applies to all contracts, 118.
restricting the rules of servants, 113.
when the period of employment is uncertain,

113.
doing an act which is legal in itself, 114.
fraudulent representations, 115.
to sustain an action the discharge must take

place, 115. trades unions, 115. injunction against publication of boycotting

circular, 116. for public work, invalidity of stipulation that none

but union labor shall be employed, 128. injunction will lie at the instance of a taxpayer,

to prevent the execution of a contract for public improvements, which is invalid, 128. interpretation of the contract by a surety, 148. for distribution of property by means of lottery,

149.

CONTRACT-Continued.

where a corporation ratifies a contract made by its

president, without authority, it is bound by any declarations he may have made during the negotiations determining the meaning of an ambi.

gnity, 228. the doctrine of ultra vires, as affecting the rights

and obligations of a corporation, under contract te which it is a party, when the contract has been executed by one party but is executory as to the

other, 231. specific performance of parol contract for the con

veyance of land, 248. the illegality of contract, though not pleaded or

relied on as a defense at the trial court, will prevent its enforcement when suggested on appeal,

249. the contract is illegal where before confirmation

of a judicial sale one instead of putting an upset bid purchases of the debtor his rights giving him an advance on his bid, 249. remedies on sickuess or disability of contracting party, 250. recovery on quantum meruit, 251. recovery on express contract sometimes al.

lowed, 251. general right of recovery by sick or disabled

party upbeld, 251. result and qualification of these conclusions,

252. basis for the current doctrine on this subject,

252. may there be a recoupment or counterclaim of

damages, 253. can there be recovery for more than value of

labor actually performed, 253, evidence that at the time an actress made a written

agreement with the proprietor of certain theatri. cal companies to render services at any theaters, it was agreed that the word "services” meant services in a particular part in a certain play, contradicts the instrument, and is inadmissible, 289. by a written contract of employment of an actress,

providing that she shall “conform to and abide by all the rules and regulations" adopted by the employer for the government of his theatrical companies, she adopts the rules, though she does

not know what they are, 289. parol evidence to vary a written contract, 330. an understanding, at the time plaintiff gave defend.

ant bank a note, that it would renew it until bugi. ness should improve, contradicts the promise in the note to pay on maturity, 388. building contract providing for withholding a cer.

tain amount each day after the time within which the contract is to be completed, is properly con. strued to provide for liquidated damages rather

than a penalty, 411. discrimination in rates by public service corpora.

tions at common law, 467. CONVERSION,

of pledge, 459. CORPORATIONS,

statutory liability of stockholders in a foreign

State, 87. where the net income derived from the business of a corporation, during the receivership, is diverted from the payment of the operating expenses and applied to the permanent improvement of the corporate property, and the receiver is discharged and the property turned over to the corporation, it is liable for torts occurring during the receivership to the extent of the net income so applied,

116. may be liable for a criminal contempt of court,

thougb the crime involves a specific intent as a necessary element, 148. engaged in the publication of a newspaper publish

CORPORATIONS-Continued.

ing an article concerning a pending trial, in the place where the trial is bad, calculated to preju.

dice the jury, is guilty of criminal contempt, 148. summary proceedings against, for criminal con.

tempt, 148. liable for punitive damages, 167. liability of stockholders in foreign jurisdictions,

192.

where a corporation ratifies a contract made by its

president without authority, it is bound by any declarations he may have made during the negotiation deterinining the meaning of an ambiguity, 228. the doctrine of ultra vires, as affecting the rights

and obligations of a corporation, under contract to which it is a party, when the contract has been executed by one party but is executory as to the otber, 231. fraudulent organization of corporation by an in.

solvent person, 267. a decision of a foreign State that an insolvent cor

poration of that state cannot execute a preferential mortgage to secure an antecedent debt, is not binding on the courts of another Stato as to a mortgage of such a corporation, no statute being construed, 328. tramp corporations, 391. liability of a corporation recovering its property

from a receiver for the latter's torts, 412. discrimination in rates by puilic service corpora.

tions at common law, 467. under the Tennessee act, declaring that when a

foreign corporation does business in the State process may be served on any of its agents found in the county where suit is brought, "no matter wbat cbaracter of agent such person may be," held that it was immaterial wbether the quoted clause violates the provisions of the fourteenth amendment, relativg to due process of law, where the agent on whom process was served in the case was sufficiently represented to give the

court jurisdiction over the corporation, 488. contract of insurance on property in one State with

a foreign insurance company, irrespective of *where made, is an attempt to do business in that State, so as to be forbidden by statutes, unless

certain conditions are complied with, 493. a contract of insurance with a foreign corporation,

though valid in the foreign state where made, cannot be enforced in another State, where the insured property is located, in an action for as. sessments on premium notes given by the in. sured, where the company has never complied with any of the conditions prescribed by the stat. ute, as essential to the making of a lawful con

tract, 493. recent decisions on what constitutes the doing of

business in the State, within statutes regulating

foreign corporations, 495. CORPSE, right of an individual to make testamentary dispo.

sition of his own body after death, 327.

replevin for a buman corpse, 327. CORRESPONDENCE, 39, 219, 299. CRIMINAL LAW,

duty of retreating in homicide, 5.
conseut in its relation to criminal liability, 71.
validity of Ohio "lynch law"statute, 87.
venue in a prosecution for embezzlement, 90.
indictment and trial for second offense, 119.
effect of separation of jury after rendering sealed

verdict in criminal case, 127.
injunction restraining criminal prosecution, 128.
jurisdiction of federal courts to enjoin criininal

proceedings in State courts, 147. larceny by bailee, 150. venue and jurisdiction in larceny, 158. constitutionality and effect of the "indeterminate

CRIMINAL LAW-Continued.

sentence law" of Massachusetts, 167. interpretation of federal statute giving power to juries to qualify verdicts as to capital punish.

ment, 207. injunction to prevent the prosecution of a criminal

action, 227. an indictment from which there has been entirely omitted the words prescribed by statute in the form "contrary to the laws of said State, the good order, peace and dignity thereof,” is defective,

275. formal requisites of indictments and informations,

277. defendant's honest belief that he had bean granted

a divorce before his second marriage, is no de

fense to a prosecution for bigamy, 296. recent decisions on indictment for and evidence of

bigamy, 297. the law of interstate extradition, 349. honest belief in the death of a former husband or

wife as a defense to a prosecution for bigamy, 367. where defendant, a married man, pretended, under

a fictitious name, to an unmarried woman that he was single, and by this means, together with his promise to marry her, obtained money from her, he was not a false token, and hence was not guilty of obtaining money by false pretenses by

means of a false token, 390. defenses in statutory crimes, 399. so much of the federal statute as provides tbat the

judgment of conviction against the principal in the crime of embezzlement or larceny of property of the United States, shall be evidence in the prosecution against a receiver thereof, that the property was embezzled or stolen, is in violation of the constitution declaring that an accused shall be confronted with the witnesses against

him, 408. life imprisonment is not a greater punishment than

the death penalty, so as to make a statute changing the punishment for murder from death to life imprisonment, at the option of the jary, ex post facto, as applicable to previous crimes, 410. the imposition of a different but not a greater puu

ishment for a crime, does not make a statute ez post facto, as applicable to a crime previously

committed, 410. the crime of disinterment of body for dissection,

411. misconduct of district attorney in the language

used in argument on a criminal trial, 414. recent cases on misconduct of counsel in appeals

to sympathy or prejudice in criminal trial, 419. acquittal on trial for the malicious destruction of

personal property of another, under a State stat. ute, is po bar to a prosecution for the illegal disinterment of a human body, or the remains there. of, under another section of the same statute, though the former prosecution related to the

casket in which it was inclosed, 436. recent important cases on what is "the same

offense" within the law as to former jeopardy, 438. where one, pending appeal from a judgment of

conviction, accepts the governor's pardon, he is not entitled to review that part of the judgment assessing a fine and costs against him, the ac. ceptance of a pardon being an admission that he

was rightly convicted, 449. DAMAGES,

for personal injuries occasioned by fright, 1.
expenses of litigation, as damages, 167.
liability of the principal for punitive damages

arising out of the tort of its agent, 167.
mental as well as physical suffering may be proved

as an element of actual damage directly resulting from assault on the floor of a public ball room,

167. private corporations as well as individuals may be

« AnteriorContinuar »