CREDITORS' BILL, where no express authority is given by statute in the absence of fraud or other grounds for equitable relief, a creditors' bill will not lie to subject a widow's unassigned right of dower to the payment of her debts, 97. general principles applicable to, 100. CRIMINAL LAW, physical exhibits and experiments to establish the identity of the person, 2, error for trial court to single out a particular wit ness for the defense, by name, and give to the jury a cautionary instruction as to his testimony, 32. general consideration of the question of rewards for the apprehension of criminals, 59. the law of self-defense and duty to retreat, 69. validity of interstate extradition of prisoner where he is brought back from another State by means of extradition warrants procured by false affidavits, 91. an act declaring guilty of felony one who engages in the business of publishing and disseminating; a paper devoted mainly to publications of scandal and immoral conduct, is not unconstitutional, 134. construction of the Illinois act involving the criminal liability of bankers for receiving deposits when insolvent, 153. proof of good character in criminal cases, 153. the police power, 158. defined, 158. where vested, 158. scope of power, 158. question of reasonableness, 158. public safety and welfare, 159. summary proceedings, 159. religious liberty, 159. personal liberty, 159. other protective provisions, 160. public health, 160. regulation of occupations, 160. intoxicating liquors, 161. regulations as to minors, 161. licenses and taxes, 161. Interstate commerce, 161. injunction to restrain the commission of crime, 162, 164. jury of eight persons, 239. injunction against crime, 251. the crime of false pretenses, 281. drawing check on a bank in which one has no funds, constitutes what offense, 281. an indictment for selling an obscene book need not set out the obscene matter nor describe the same in general terms, if it sufficiently identifies the book and states that the contents are too indecent to be placed on the record, 302. when a criminal convicted by a State court escapes and becomes a fugitive, pending his appeal to the State supreme court, it is competent for that court to order a dismissal of the appeal unless he shall within sixty days surrender himself, 341. jurisdictional locality of the crime of homicide, 359. representation by one that he has extraordinary and supernatural power to cure, as constituting the crime of false pretenses, 403. evidence sufficient to prove an alibi, 448. stealing money from trousers folded and placed under the owner's head as a pillow, while he sleeps, does not constitute a taking "from the person," within the definition of grand larceny, DAMAGES, recovery of, by husband, for the sale of opium to wife, 53. recovery of, for physical injuries resulting from mental shock, 89. in action for breach of contract to deliver paints of a character suitable for painting a house, dam. ages arising from a change of color in the paint shortly after use and from the gumming character of the paint, are not too remote, 347. DEBTOR AND CREDITOR, effect of agreement by creditor to accept smaller sum of money in satisfaction of debt, 377. fraud vitiates deeds, 263. when misrepresentations impair contracts, 264. representations as to distant property, 265. abuse of confidential relations, 265. undue influence, 266. acts of agents, 266. rescission of fraudulent contract, 266. conveyance of an expectant interest in an estate may be valid in equity, 326, delivery of deed placed in escrow, 452, 455. nature and character of an escrow, 452, 455. revocation of deed placed in escrow, 452, 455. DESCENT AND DISTRIBUTION, effect of a grant by an heir apparent of his interes in his ancestor's estate executed while the ancestor is living, 326, 331. DIGEST OF CURRENT OPINIONS, 15, 41, 62, 81, 101, 126, 146, 166, 188, 212, 233, 252, 271, 296, 312, 332, 351, 370, 389, 414, 433, 457, 477, 497, 519. DIRECTORS. See CORPORATIONS. DIVORCE, constitutionality of act permitting a limited di vorce, 116. validity of agreement between husband and wife for separation, 208, 210. action for preventing the enforcement of the decree for alimony, 221. right of husband to alimony, 279. DOWER, when a creditors' bill will lie to subject a widow's DYING DECLARATIONS. See EVIDENCE. where the owner of two adjoining lots builds a well on one lot near the boundary line, for the use of the houses on each lot, and sells the lot on which the well is not situated, and subsequently sells the other lot, and the well is openly used for more than thirty years by the owners of both lots, such use constitutes a servitude on the second lot, 343. ELECTIONS AND VOTERS, can a man be compelled to vote, 212. marking of ballots, 221. right of the voter to put on the ballot names and offices entitled to be placed thereon, though not printed there officially, 267. woman suffrage under the Indiana election law, 361. nature of the majority required in favor of ques tions submitted to a popular vote, 377, 383, 388. ELECTRICITY, liability of electric light companies for negligence In the imperfect insulation of its wires, 51. liability of telephone company for injury to a per son on the street caused by a defective wire, 62. FRAUDS, STATUTE OF-Continued. 537 delivery of deed placed in escrow, 452, 455. nature and character of an escrow, 452, 455. revocation of deed placed in escrow, 452, 455. ESTOPPEL, owner of a vehicle who permits one to use the same where the owner or person having an interest in EVIDENCE, admissibility of impressions of foot-prints made in sand with a boot of the person, whether may be exhibited to establish identity, 2. parol evidence to add a warranty to a written sale. 3. rule of law governing the admission in evidence of whether parol evidence admissible to show the real in action for personal injuries plaintiff may be re- demurrer to evidence, 509. EXAMINATION, in action for personal injuries plaintiff may be required to produce in court for analysis specimens of urine, 450. EXPRESS COMPANIES, validity of State taxation of property of, 279. EXTRADITION, validity of interstate extradition of prisoner where he is brought back from another State by means of extradition warrants procured by false affidavits, 91. FALSE PRETENSES, drawing check on bank in which one has no funds, 281. whether representation by a medical man that he has extraordinary and supernatural power to cure will constitute the crime of, 403. FEDERAL COURTS, jurisdiction to release prisoner on habeas corpus who has been brought from one State into another by means of extradition warrants procured by false affidavits, 91. FINDER, rights of the finder of lost chattels, 133. FOREIGN CORPORATION. See CORPORATION. FRAUD, setting aside conveyances of real estate on account of false and fraudulent representations by the vendee or his agent, 263. FRAUDS, STATUTE OF, legal adoption by one, of her deceased son's only daughter, is not such part performance as will take out of the statute a parol contract of the grandmother to make no will which should deprive the child of a portion of the estate, 31. verbal contract to maintain a switch for plaintiff's benefit or "so long as he may need it," is not within the statute of frauds, as being a contract not to be performed within a year, 74. verbal contract to maintain a switch for plaintiff's benefit so long as he may need it is not a grant of an estate of inheritance for more than one year in lands and tenements," within the meaning of the Texas statute, 74. recent decisions on contracts not to be performed within a year, under the, 79. enforcement of, in the case of a contract where the law of the place has no such statute, 422. do the benefits of, survive the family, 72. HOMICIDE, the law of self-defense, 69. jurisdictional locality of the crime of, 359. HUMORS OF THE LAW, 15, 61, 146, 295, 311, 370, 413, 518. HUSBAND AND WIFE, right of action of husband against druggist for sale action by the wife for the alienation of the affec- validity of agreement between, for separation, 208, 210. how far the assets of an insolvent corporation constitute a trust fund for the benefit of creditors, 2. validity of preference by an insolvent corporation to its officers, 2. fraudulent acts of officers and directors of corporations, 49. validity of mortgage of insolvent corporation to its president, 70. a chattel mortgage executed in Iowa, by a corpora. tion created by the laws of that State, but doing business in Texas, in contemplation of insolvency, and covering Texas property, cannot be enforced there though such mortgage was valid in Iowa, 117. construction of the Illinois act involving the criminal liability of bankers for receiving deposits when insolvent, 153. INSURANCE, what constitutes a waiver of defense under policy, 174. construction of policy issued in one State, where applied for in another State, 202. answers in insurance suits, 407, 457. INTERPRETATION. See WORDS AND PHRASES. INTOXICATING LIQUORS, South Carolina dispensary law, before the United liability for the sale of intoxicants, 363. sale within the State of South Carolina, of liquors brought into the State in derogation of the South Carolina liquor dispensary law, 505. JETSAM AND FLOTSAM, 60, 146, 164, 211, 293, 308, 350, 389, 496. JOINDER OF ACTIONS, LANDLORD AND TENANT, effect of covenant by tenant to repair, where the buildings are destroyed by fire, 293. a landlord who lets the work of altering a building to a competent mechanic, is not liable for an injury done by the contractor to a teuant who for a valuable consideration agreed to the making of the repairs, 323. liability of the tenant to rebuild in case of destruction of the premises where there is a covenant to maintain the premises in good condition, 494. liability of the tenant to make repairs and rebuild in case of destruction of premises, 494, 495. LARCENY, stealing money from trousers folded and placed under the owner's head as a pillow, while he sleeps, does not constitute a taking "from the person" within the definition of grand larceny, 487 LAW BOOKS, Book Reviews, Digests, American Digest for 1896, 126. Index Digest American & English Encyclopædia of Book Reviews, Reports, American State Reports, Vol. 50, 125. Kent's Commentaries, 61. Will on Circumstantial Evidence, 61. Tiffany's Persons & Domestic Relations, 310. Perley's Mortuary Law, 310. Jones on Evidence, 311. Underhill on Trusts and Trustees, 331. Ostrander on Fire Insurance, 331. Lewis' Blackstone, 351. Beach on -eceivers, 313. Boisot on Mechanics' Liens, 457. Elliott on Railroads, 477. Clark on Corporations, 518. Hepburn on Code Pleading, 518. construction of policy of, as to the time when the policy takes effect, 90. woman has an insurable interest in the life of her intended husband, 301. responsibility of insurance company for misstate ment of its agent as to the life of the insured, 303. medical examiner agent of the company only, 304. admission of parol evidence, 304. application of estoppel in pais, 505. LIMITATION OF ACTIONS, attorney's employment and the statute of limita tions, 309. LIS PENDENS, scope of a lis pendens, 34. essentials in creating the lien, 34. how the lis pendens may be vitiated, 35. enforcing a lis pendens, 35. lis pendens as to real estate, 35. lis pendens as to personal property, 36. statutory provisions, 36. proceedings in United States courts, 87. validity of Utah statute regulating hours of employment, 1. liability of the master for malicious act of servants causing injury to third person, 140, 145. the liability of the master for negligence causing damage to a volunteer, 224. right of freedom of labor, 259. liability of labor organization for coercion towards employees, 259. a new doctrine as to fellow service, 359. recovery on quantum meruit by servant where he abandons the service of the master, 451. validity of Missouri statute making debts due for labor preferred claims against property of employer, 485. MECHANIC'S LIEN, priorty of chattel mortgage over laborer's lien, 37. constitutionality of statute of Ohio as to, 70. validity of the Ohio mechanic's lien law, 201. MISSOURI, eligibility of women in, to occupy the office of clerk of court, 267. validity of Missouri statute making debts due for labor preferred claims against property of em ployer, 485. MONOPOLIES, combinations in restraint of business, 262. MORTGAGE, what description of the debt is sufficient in a recorded mortgage, 490. three leading propositions supported by the adjudged law, 490. doctrine that the debt must be described in the mortgage with as much certainty as the case admits of, 490. what mortgages have been held void under this doctrine, 492. doctrine that imperfections in description of the debt in a mortgage will not avoid it as to interested third persons put upon inquiry, 493. doctrine that the language employed in describing the debt must not have been devised to mislead or conceal, 493. MUNICIPAL CORPORATION, validity of ordinance against loud boisterous noise or fighting in and about public places, 31. the effect of municipal ordinance upon civil liabil. ity between private parties, 55. power of, to offer and pay a reward for the appre hension of criminals, 57. validity of the acts of de facto officers, $9. validity of contract of city which is beyond the constitutional limit of indebtedness, 135. liability of, for an injury to a traveler while stray ing outside of an unfenced street, 241. is under no obligation to light its streets where they are safe and convenient for travel the whole width, unless the duty to do so is imposed by its charter, 241. liability of, for injuries caused by ice and snow on sidewalk, 301. validity of city ordinance regulating street parades, NATIONAL BANKS-Continued. taking of usury by a national bank "shall be deemed a forfeiture of the entire interest," and that the person paying it may recover back "twice the amount of the interest received," the measure of recovery is double the whole interest received, 360. NEBRASKA, publication of legal notices in, 146. construction of the Nebraska assignment law, 186. NEGLIGENCE, liability of restaurant keeper for, in the preparation of food, 50. liability of electric light companies for imperfect insulation of wires, 51. liability of a druggist to a husband for the sale of opium to the wife, 53. physician's liability for, 60. recovery of damages for physical injuries resulting from mental shock, 89. legal responsibility of a surgeon in operating upon a patient, 153. legal cause, 164. burden of proof of, in actions against railroad companies for fires, 175. the liability of the master for negligence causing damage to a volunteer, 224. imputed negligence as the same affects railway assignability of a verdict for damages, 260. joint and separate liability for, where there is con liability of an attorney for, in the examination of title, 421. liability for damages received in unguarded excavation made by railroad company in close prox imity to the highway, 486. NEGOTIABLE INSTRUMENT, parol evidence to show the real character in which liability of a party not the payee who indorses his the consideration for a promissory note executed to an incorporated college is the accomplishment of the purposes for which it is incorporated, and such consideration is sufficient, 282. an extension granted to the principal on a note, without consent of the surety, releases the surety from liability, 340. maker of a promissory note payable at a bank has the entire day of maturity in which to make pay ment, and an action begun thereon just after the close of banking hours on the day it is due, is prematurely brought, 506. NEW TRIAL, OHIO, constitutionality of mechanic's lien statute of, 70, 201. the fact that persons have been in the habit of using for a foot-path the track of defendant railroad company, does not render the company liable for injuries to such person from a passing train unless the injuries were wantonly or will. fully inflicted, 10. duty of a, to trespassers on its track, 10, 13, 50. tender of a five dollar bill to a conductor of street railway, requiring change, is unreasonable and not a sufficient tender, 116. it having been shown that a fire was set by defend. ant's locomotive, there is a presumption that defendant was negligent, placing on it the burden of proving that it has used the proper precautions for confining sparks and cinders, 175. constitutionality of State statute providing for penalty of attorney fees to be paid by railroad companies in case of failure to settle damages, 219. statutory liability of, for fires caused by locomotive, 239. as in an action by an employee to recover damages, a plea that the employee had accepted benefits a member of a relief association under an agreement of relinquishment of action, when not a defense, 240. imputed wrong as the same affects railway law, 242. RAILROAD COMPANIES-Continued. liability of sleeping car company for los of effects of its passengers, 283. effect of the Sherman anti-trust law orbidding pooling arrangements by railroad companies, 319. State regulation requiring stoppage of trains at county seats is reasonable, 422. power of court to compel by mandamis the operation of street railways, 466. liability for damages received in urguarded excavation made by railroad company in close prox. imity to the highway, 486. validity of agreement by a member of a relief association managed by the company under an agreement that the acceptance of benefits from it for any disability should bar a suit for damages against the company, 496. RELEASE AND DISCHARGE, setting aside of release of claim for personal injuries, on the ground of fraud, 70. in action by employee against railroad company, a plea that the employee released his cause of action by accepting benefits from a relief associa tion, how far effective, 240. effect of agreement by creditor to accept smaller sum of money in satisfaction of debt, 377. |