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THE

CENTRAL LAW JOURNAL.

WM. A. GARDNER, Editor.
ALEXANDER H. ROBBINS, Manager.

VOLUME 63.

JULY-DECEMBER, 1906.

ST. LOUIS, MO.:

CENTRAL LAW JOURNAL COMPANY

1906.

Entered according to Act of Congress, in the year 1906, by

CENTRAL LAW JOURNAL COMPANY,

In the Office of the Librarian of Congress at Washington.

156635

PRINTED BY CENTRAL LAW JOURNAL COMPANY.

TABLE OF CASES.

This list includes only those cases commented upon editorially or in our Notes of Import-
ant Decisions, or in full annotated. The abbreviation Ed., indicates editorially-R. D., cases
commented upon in our Notes of Important Decisions, and ann. case, annotated case.

Bone v. Ophir Silver Min. Co. (Cal.) Servant In-

jured by an Unexploded Shot in Mines, of
which he had no Notice, R. D. 372.

Brown v. Tharpe (S. Car.) Constitutionality of
Stock Law, ann. case, 403.
Burke v. City of Water Valley (Miss.) Munici-
pal Corporations-Regulations as to Pub-
lic Water Supply, R. D. 42.

Burnham V. Theatrical Managers Association
(N. Y.) Party Making Himself Obnoxious to
Theater Managers may be Excluded from
Theaters, Ed. 195.

Butler v. New England Construction Co. (Mass.)
Master and Servant-Injuries from Defective
Appliances, R. D. 66.

Campbell v. American Handle Co. (Mo.) Con-
tracts-Mutuality, R. D. 260.
Chambers v. Leiser (Wash.)

Libel-Libelous

Words Per se, R. D. 430.
Chicago, B. & Q. Ry. Co. v. Slattery (Neb.) Car-
riers-Cause of Unavoidable Delay in Ship-
ment of Cattle, no Excuse for Failure to Ex-
ercise Reasonable Care, R. D. 122.
Citrone v. O'Rourke Engineering Construction
Co. (N. Y.) Master and Servant-Master As-
sumes Risk After Promise to Remedy a De-
fect, R. D. 83.
City of Wilmington v. Bryan (N. Car.) Municipal
Corporations-Employment of Counsel by
City Attorney Terminable at Will, ann. case,
185.
Cox v. State of Texas (U. S. S. C.) Constitutional
Law-Equal Protection of the Laws in Sale
of Intoxicants not Denied Because Produc-
ers or Manufacturers of Domestic Wines are
Exempt by Statute while such Wines are in
their Hands, R. D. 106.

Fanizzi v. N. Y. & Q. C. R. Co. (N. Y.) Carriers
-Party Injured by Panic in Street Car
Caused by a Blazing Match thrown away by
Passenger, which Ignited Passenger's Dress,
R. D. 276.
Ford v. Minneapolis St. Ry. Co. (Minn.) Damages
-Trial Court Increasing the Damages Given
by the Jury, R. D. 84.

Godwin v. Phifer (Fla.) Insolvency-Of Itself
Never Sufficient Ground for Injunction, ann.
case, 383.

Griffin v. Drennen (Ala.) Statutes-Title-State-
ment of Subject, ann. case, 71.

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Hatch v. Minneapolis, St. P. & S. S. M. Ry. Co.
(N. Dak.) Carriers-Reasonableness of No-
tice in Shipping Contract Requiring Shipper
to Give Notice of Injury to Stock, R. D. 162.
Hoard v. Huntington & B. S. R. Co. (W. Va.)
Interest-Whether Interest Payable from
Date of Delivery of Deed to Date of Entry
upon Land by Purchaser where no Interest
is Provided for by Contract, ann. case, 49.
Hotchkin v. Ehrdrich (Pa.) A Case in Which the
Majority Opinion Ignores Salient Facts, Ed.
235.
Illinois Cent. R. Co. v. Bethea (Miss.) Negligence
-When Plaintiff may Recover when Both
Parties are Guilty of Negligence, ann. case,
111.

Independent School Dist. v. Le Mars City Water
& Light Co. (Iowa) Waters and Water
Courses-Every Consumer of Water has
Right to Enforce Provisions of Water Com-
pany's Franchise, ann. case, 265.

Jabeles & Colias, etc., Co. v. Brown (Ala.) Party
Walls A Party Wall having been Agreed
upon by Adjoining Owners and the Cost
Thereof to be a Covenant Running with the
Land, is Binding on Successive Owners, R.
D. 300.

Krafoe v. Roy & Roy (Minn.) Garnishment Pro-
ceedings when Debt is Due by a Foreign
Corporation, R. D. 220.

Loan & Savings Bank v. Farmers' & Merchants'
Bank (S. Car.) Check on a Bank Amounts
to an Assignment of Funds Pro Tanto, ann.
case, 451.
Louisville Home Telephone Co. v. Gasper (Ky.)
Negligence-Telephone Company Liable for
Damages to a Person Injured by its Negli-
gence in Constructing Highway, R. D. 196.
McKenna v. Garvey (Mass.) Attorney and Client
-Where Client Becomes Insane Pending
Probate Proceeding, R. D. 66.

Memphis St. Ry. Co. v. Giardino (Tenn.) Equi-
table Defenses in Action at Law, ann. case,
32.
Michigan Yacht & Power Co. v. Busch (U. S. C.
1 C. of App., Sixth Circuit) Contracts-Failure
to Pay Installment Provided in Contract,
ann. case. 90.
Moseley V. State (Miss.) Homicide-Error to
Exclude Matters Occurring Prior to the Kill-
ing and at the Time Thereof, R. D. 317.
Murphy v. Police Jury of St. Mary Parish (La.)
Appeal & Suspension Appeal will Lie from
Order Refusing to Grant Preliminary In-
junction, but does not Suspend or Postpone
Trial of Merits, R. D. 277.

O'Connor v. Hendricks (N. Y.) Constitutional
Law-Religious Garb Worn in Public
Schools Contrary to Constitutional Pro-
visions Forbidding Use of Property of the
State in Aid of Sectarian Influences, R. D.
222.
O'Rourke v. German Ins. Co. (Minn.) Arbitra-
tion-Acts Amounting to a Waiver of Right
to Arbitrate as Provided in an Insurance
Policy, R. D. 448.

Pacific Express Co. v. Shivers (Tex.) Master and
Servant-Liability of Express Company for
Injury to Servant, R. D. 27.

Pattee, In re (U. S. D. C., Conn.) Bankruptcy-
Assignee Acting as Trustee with the Ap-
proval of Referee, Entitled to Pay for Ser-
vices Prior to Appointment of a Trustee in
Bankruptcy, R. D. 124.

People v. McLain (Ill.) A Bad Opinion in Regard
to Constitutionality of Juvenile Court Laws
of Illinois, Ed. 145.

People v. Reardon (N. Y.) Larceny-Circum-
stances under which Political Subscription
from Corporate Funds is Larceny, R. D. 430.
Perez v. Fernandez (U. S. S. C.) Conflict Be-
tween Civil and Common Law in our New
Possessions, Ed. 411.

Pettit v. Coachman (Fla.) Conveyance by Hus-
band to Wife where she has Reliquished
Dower in Other Property, ann. case, 345.
Porter v. Delaware, L. & W. R. Co. (N. J.) Dam-
ages-Where Physical Injury Occurred in an
Accident Damages may be had also for the
Fright Occasioned Thereby, R. D. 356.
Price V. Alkinson (Mo.) Contracts-Indefinite
Offer, R. D. 239.

Price v. Lloyd (Utah) Specific Performance-

Acts Done Prior to a verbal Contract to Con-

vey Land are Never a Part Performance up-

on which to Base Specific Performance of

an Agreement, R. D. 396.

Raasch v. Eline Laundry Co. (Minn.) Master and

Servant-Contributory Negligence, ann. case,

246.

Richardson v. Pierce (Va.) Fraudulent Convey-

ances-When such Between Husband and

Wife, R. D. 180.

Roberts v. Luetzke (Ind.) Judgment-Same Ef-

fect Given to Foreign as to Domestic Judg-

ments, ann. case, 436.

Rock Island Sash & Door Co. v. Moore & Handly

Hardware Co. (Ala.) A Bad Alabama Deci-

sion in Regard to the Right to Rescind a

Contract, Ed. 339.

Rock Island Sash & Door Works v. Moore &

Handley Hardware Co. (Ala.) Contracts-

Two Contracts may be Shown by Parol Evi-

dence to Relate to Each Other so as to Con-

stitute one Undertaking or Contract, ann.

case, 358.

Rodijkeit V. Andrews (Ohio) Assignment--
Wages to be Earned, ann. case, 285.
Sandford v. Milliken (Mich.) Replevin-Where

Property was Placed in Hands of Agent for
Sale, Such Condition Evidenced, Presumed to
Continue till Contract is Shown, R. D. 318.

Schiem v. Wieman (Md.) Contracts-Validity of

Agreement to Pay for Return

Stolen

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Watch, there being no Attempt made to

Compound a Felony, R. D. 238.

Schwarz v. Kennedy (U. S. C. C., D Oreg.) Judg-
ment-Matters Concluded, ann. case, 12.
Seattle Electric Co. v. Snoqualmie Falls Power
Company (Wash.) When Equity will En-
force an Illegal Contract, Ed. 105.

Smith V. Ferry (Wash.) Homestead-When

Rights Not Lost to Widow by Sale of Prop-

erty which was Afterwards Repurchased,

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D. 197.

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