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CONTRACT-Continued.
place of contract, 64.

insurance contracts, 64.
lite insurance, 64.
fire Insurance, 66.
marine insurance, 66.
promissory potes, 66.
bills of exchange, 66.
Acceptance ot drafts, 68.

usurious contracts, 68.
contracts for the sale of Intoxicating liquors, 68.
the doctrine of substantial performance of a con.
tract does vot apply where the deviations from
the terms of the contract are so substantial that
an allowance out of the contract price would not
give the owner substantially what he contracted

lor, 69.
recent decisions as to the effect of substantial, but

pot literal performance of contract, 70.
a contract valid elsewhere will not be enforced by

the courts of a State if it is condemned by posi.
tive law, or if inconsistent with the public policy
of the State as declared by the legislature, 111.
recent decisions on the conflict of laws relating to

contracts, especially in those cases in which the
capacity of the contracting parties is involved,

111.
where plaintiffs had contracted to move a house,

and had partially performed their contract wben
the house burned without their fault, they may

recover for the work done, 123.
impossibility of performance as a bar to recovery

for work done, 123.
breach of contract by renunciation of perform-

apce, 161.
a person who having in charge as agent the goods

of another, makes with a common carrier a cun.
tract to ship such goods, in which the agency is
not disclosed, may maintain an action in his own

name for breach of such contract, 161.
by professional biographers, 221.
proper parties plaintiff in actions on contract as

between an agent and an undisclosed principal,

232.
of employment subject to satisfaction of employer,

241,
Decessary visits of physician to patient, 261.
what law governs in a contract for eonditional sale

of personal property made in one State and prop-

erty delivered in another, 287.
recent cases on the subject of what law governs in

the construction and interpretation of contracts,
288.
in restraint of trade, 380.
validity of contracts of foreign corporations, 420.
of a municipal corporation in the nature of a mo.

nupoly, 421.
validity of agreement not to conduct business, as

stifling competition and promoting a monopoly,

CORPORATION-Continued.

can only do business with permission or license

from the State, 104.
defense of “not having complied with the law,"

105.
statutes prohibitory in form with penalty an-

nexed, 105.
statutes prohibitory in form without penalty

annexed, 107.
statutes pot prohibitory in form with penalty

annexed, 108.
doing business, 109.

interstate commerce, 109.
New York statute aimed at fictitious incorpora-

tion, 141.
payment by stockholder for stock of, in property,

183.
statutory enactment prohibiting the transaction of

business within the State by foreign corpora-
tioi 8, except upon compliance with certain con.
ditions, invalidates any contract entered into in

violation of the statute, 120.
validity of contracts of foreign corporations, 420.

State regulation of foreign corporations, 420.
CORRESPONDENCE, 63, 172, 212.
COUNTIES,

recovery of damages against counties for lynch.

ing, 101.
injunction not granted against a county to restrain

it from committing a nuisance, 251.
COURTS,

jurisdiction of State courts of action against a resi.

dent steamboat company for breach of contract

of carriage to be performed on the high seas, 162.
jurisdiction of State courts over maritime con-

tracts and admiralty, 154.
capitalism in court, 172.

constructive contempt of courts, 221.
CRIMINAL EVIDENCE,

dying declaration of deceased person to the effect

that she knew that her mother-in-law (detend.
ant) had poisoned her, and that that was the
way she met her death, is in form a statement
of a fact and not an expression of opinion, and

is admissible, 264.
proof of marriage in criminal cases, 321.
admissibility of evidence of similar crime of lar-

cený, 368.
recent decisions on admissibility of other crimes

in criminal prosecutions, 370.
CRIMINAL LAW,

arrest upon suspicion, 1.
the doctrine of principal and accessory in criminal

cases, 50.
recent decisions on the law pertaining to principal

and accessory in criminal cases, 50.
over official acts of officers in the apprehension of

criminals, 61.
perjury before a de facto court, 81.
duty of public prosecutors, 92.
consent by defendant in prosecution for felony, to

jury of less than twelve, not binding, 101.
validity of Ohio mob violence law, 101.
validity of Connecticut statute prohibiting the

publication of criminal news, 161.
playing baseball on Sunday as an infringement of

the Sunday law, 190.
construction of criminal statutes in which general

words follow particular words, 192.
quotient sentences, 193.
criminal liability for forgery of invalid note, 261.
where one who has committed an assault goes be-

fore a justice of the peace, swears to a complaint
against himsell, and is convicted on his own evi.
dence and assessed less tban the maximum pun.
ishment, he cannot plead such proceeding in bar
of subsequent prosecution for the game offense
instituted on the complaint of the person as.
saulted, 262.

484.

agreements in restraint of trade and in restraint of

competition which are void upon grounds of pub-

lic policy, 488.
CONTRIBUTORY NEGLIGENCE. See NEGLIGENCE.
COPYRIGHT,

English innovation in the law as to, 173.

of speeches, 279, 290.
CORPORATION,

enforcing the right of a stockholder in a private

corporation to inspection of the books by injunc.

tion, 2.
judgment against insolvent corporation, vacation

of by receiver, 3.
liability of stockholders in foreign jurisdiction, 41.
liability of promoter of, 82.
the legal status of foreign corporations on failure to

comply with restrictive statutes, 104.

('RIMINAL LAW-Continued.

discrimination against colored Jurymen, 319.
proof of marriage in criminal cases, 321.

general presumption in favor of marriage, 321.
rule that marriage in fact must be proved by

direct evidence-conflict of authority, 322.
reputation, 323.
reputation and cohabitation, 323.
conduct, 321.
admissions and confessions, 324.
admissions unsupported, 326.
testimony of eyewitnesses in general, 326.
person performing the ceremony, 326.
documentary evidence, 327.
where a marriage has taken place in another

State or abroad, 327.

conclusion, 328.
admissibility of evidence of similar crime of lar.

ceny, 368.
recent decisions on admissibility of other crimes in

criminal prosecutions, 370.
instruction in criminal case that each juror must

be convinced of the gullt of defendant, 379.
sensationalism and tears by counsel in argument

to Jury, 899.
upon a valid judgment prisoner may be held with.

out mittimus, 439.
DAMAGES,

for personal injuries, 310.
DEATH BY WRONGFUL ACT,

whether right of action for, is barred by payment
of money to one who is made a beneficiary under

a membership in a relief fund, 399.
DECEIT,

where plaintiff not koowing that certain land be.

longed to defendant's wife, and that the record
title thereto stood in her name, was induced by
defendant's false representations that he was the
owner of the land, to contract with him to fur.
nish heating apparatus for a house situated
thereon, a refusal in an action for such deceit to
rule that the recording of the deeds was con.
structive notice as to the true ownership of the

property, was proper, 22.
DEED,
construction of deed providing that land is to be

used for a particular purpose, 282.
DIGEST OF CURRENT OPINIONS, 14, 34, 53, 78, 93, 114,

134, 157, 174, 194, 213, 234, 252, 272, 292, 311, 381, 351, 371,

391, 412, 433, 450, 470.
DIVORCE,

ignoring foreign divorces, 156.
DYING DECLARATIONS,
dying declaration of a deceased person to the

effect that she knew that her mother-in-law (de.
fendant) had poisoned her, and that that was the
way she met her death, is in form a statement of
a fact and not an expression of opinion, and is

admissible, 264.
EASEMENT,

Injunction to prevent the right of, 207.
ELECTION OF REMEDIES,
by a vendor of personal property who retains the

legal title with right to take possession on de-

fault in payment, 248.
ELECTRICITY,
liability for negligence in improperly placing

electric wires by which injury ensues, 202.
rights of telephone company to maintain wires

and poles in streets, 291.
ELECTIONS AND VOTERS,
the Kentucky governorship in the United States

Supreme Court, 21.
QUITABLE ESTOPPEL,
by sllence and failure to assert title, 10, 11.

ESTOPPEL,

by silence and failure to assert title to property, 10.
recent decisions on equitable estoppel by silence

and failure to assert title, 11.
of municipal corporation to plead ultra vires act as

defense to action for money loand, 242.
EVIDENCE,
of usage and custom as to the meaning of the term

"dry goods," 3.
presumption as to receipt of draft sent by mall, 123.
EXECUTION,

statute which absolutely exempts to married

men their earnings for personal services ren.
dered within sixty days next preceding the levy
of execution, does not impair the obligation of

contracts entered into prior to its passage, 222.
EXEMPTION. See EXECUTION; TAXATION.
FALSE REPRESENTATIONS. See DECEIT.
FEDERAL COURTS,

life of a judgment of a federal court in favor of the

United States, 343.
jurisdiction of suit by water company to enjoin

the enforcement of a municipal ordinance fixing

rates of charges for water, 381.
foreclosure in the federal courts, 478.

general view of jurisdiction, 478.
dlversity of citizenship, 479.
where bond or mortgage has been assigned, 480.
amount in controversy, 481.
concurrent jurisdiction of State and federal

courts, 482.
removal of sults, 493.

separabie controversy, 183.
FIXTURES,

some errors in the law of, 371.
FOREIGN CORPORATIONS. See CORPORATIONS,
FORGERY,

criminal liability for forgery of invalid note, 261.
FRAUDS, STATUTE OF,

agreement by A to indemnify B for becoming ac.
commodation indorser for C, is not within stat.

ute and therefore need not be in writing, 223.
where there had been no previous partnership or
joint enterprise between the parties, and they
agreed by parol that defendant should purchase
and take title to land in his own name and hold it
for the joint benefit of both, and plaintiff contrib.
uted no money to the enterprise, the contract
was within the statute of frauds requiring agree.

ments relating to land to be in writing, 477.
FRAUDULENT CONVEYANCE,

in anticipation of marriage, 399.
GARNISHMENT,

situs of debt, 2.
has the garnishing creditor a specific lien, 25.
by a creditor in one State, of wages in another

State of a resident of the former State, 222.
where all the parties to an action brought are non.

residents, none of them being within the State ex-
cept the garnisbee who is served with a summons
while he is within its bordere temporarily upon
business, the garnishee process must be dis-

charged, 342.
GAS COMPANY,

recent decisions on the right of gas companies to

discontinue the supply of gas for non-payment of

a disputed biil, 13.
validity of rules providing for the discontinuance
of service of gas, for failure to pay previous bills,

130.
GUARANTY,

offer of guaranty requiring notice of acceptance,

492.
in an action on a guaranty for the payment of in.
debtedness to a bank from a certain principal
within certain time, the principal's insolvency,
from the making of the guaranty down to the

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GUARANTY-Continued.

JUDGMENT,
commencement of the suit is sufficient excuse against insolvent corporation, vacation of same by
for not giviug notice to the guarantors of the ad.

a receiver, 3.
vancement or of the state of the account at the res judicata, 24.
expiration of the guaranty, 428.

validity of judgments rendered in a foreign State
recent decisions on the subject of necessity and without personal service of summons, 265.

character of notice of acceptance of mortgage, life of a judgment of a federal court in favor of the
431.

United States, 343.
HABEAS CORPUS,

limitation of actions against judgments of other
one who is imprisoned under & judgment of con. States, 420.

viction by a court of competent jurisdiction for KENTUCKY,
an act which is not in contravention of any law, questions involved in the struggle for the govern.
may obtain his release on writ of habeas corpus, orship of, 21.
under Rev. Stat. 1889, sees. 5375, 5379, 190.

LABOR AND LABORERS,
a new question of, 299.

Injunction against combination of laborers, 121.
HIGHWAYS,

the right to control the price of labor and the right
bicycle is not a carriage, within tbe meaning of an to strike, 301.
act providing damages for injuries caused by de.

the right to control the price of labor, 301.
fective highways, 224.

the right to strike, 303.
rights and liabilities of owners and operators of Injunction against trade unions, 386.
automobiles on the highway, 379.

LANDLORD AND TENANT,
HOMESTEAD,

right to manure which accumulates on the demised
exemption of, in citles, 141.

premises, 22,
HUMORS OF THE LAW, 13, 134, 194, 218, 351, 112, 433, 450,

LARCENY,
490.
HUSBAND AND WIFE,

admissibility of evidence of a eimilar crime, 368.
wite may maintain an action against one who en. LAW BOOKS,

tices her husband from her and alienates his at. Book Reriews, Reports.
fections, 162.

American Bankruptcy Reports, Vol. 3, 34.
saits between husband wife, 284.

American State Reports, Vol. 72, 411.
INFANT,

Leading Cases in the Law of Insurance, 411.
custody and control of infants, 305, 307.

American State Reports, Vol. 73, 433.
INJUNCTION,

American State Reports, Vol. 74, 450.
to entorce inspection of books by stockholder of Book Reriews, Tert Books.
corporation, 2.

Readings in the Law of Real Property, 13.
against combination of laborers, 121.

Ballard's Annual on the Law of Real Property, 114.
to protect the right of easement on property, 207.

Law of Real Property, 133.
right to, to restrain Interference with an easement,

The Law in Its Relation to Physicians, 156.
or to compel its restoration, 210.

Joyce on Electric Law, 173,
not granted against a county to restrain it from

Outline Study of Law (30 Ed.), 272.
committing a nuisance, 251.

Elliott on Roads and Streets, 292.
to prevent advertising by means of private pho.

the law of operations preliminary to construction
tograph, 380.

in engineering, and architecture, 350.
to prevent conspiracy against persons not mem-

law and practice of taxation in Missouri, 350.
bers of trade unions, 386.

a brief for the trial of civil issues, 411.
INSPECTION,

the quill driver, 450.
of books of corporation by stockholder, injunction LIBEL,
to enforce, 2.

criticism of capdidates for office, 241.
INSURANCE,
forfeiture for breach of condition requiring the

LIFE INSURANCE,
surety to take an inventory of stock and keep

as an asset in the bankruptcy court, 83.
books of account correctly, and keep all inven.

under a policy denying liability in case of the in.
tories and books locked in a fire proof safe, 340.

sured's suicide, whether sane or ipsane, a recov.
whether provisions as to forfeiture of policy

ery can be had where the insured's death is
should be coastrued jointly, and whether to work

caused by taking an overdose of morphine, but
a forfeiture of a policy there must be a failure to

the defendant failed to prove by a preponderance
perform all of the conditions named in any par.

of the evidence that, insured in taking the drug
ticular one of them, 310.

intended to end his life, 400.
on building and stock of goods where premium is

where tbe beneficiary in a certificate of insurance
payable in a gross sum, whether the policy is en.

murdered the assured, she thereby forfeited all
tire and indivisible, 458.

rights under the certificate, and hence neither
INTERNATIONAL LAW,

her children as her heirs nor ber assignee can re-
and China, 272.

cover thereon, 465.
INTOXICATING LIQUOR,

where the beneficiary in a benetlt certificate of in-
where a bottle of cider is admitted as evidence in

surance murdered the assured, the company's
prosecution for selling liquor It is not error to

liability was not thereby diminished, but the
permit the members of the jury to taste the con.

benefits under the certificate reverted to and be.
tents where the evidence tends to show that the

came a part of the assured's estate, and his ad.
cider is in the same condition as when pur.

ministrators could recover thereon for the ben.
chased, 82.

efit of those who would have been entitled to the
JETSAM AND FLOTSAM, 72, 92, 155, 173, 133, 234, 231, 272,

insurance in the absence of any designation of a
290, 309, 349, 350, 482.

beneficiary, 465.
JOINT TORT-FEASORS,

recovery on a policy of insurance where the event
where various property owners ran water from

insured against is brought about by the act of the
their premises into an underground pipe, which

beneficiary, 469,
flooded plaintiff's wall, acting independent of LIMITATION OF ACTIONS,
each other, they were not joint trespassers, and on judgments of other States, 420.
no one of them is liable for the acts of the others, ber when complete, 457.
441.

enactment extending period on contract, 467.

LEGACY. See WILL.
MALICIOUS PROSECUTION,

effect of the termination of the prosecution as

justifying suit for malicious prosecution, 329.
recent decisions on termination of prosecution in

actions for malicious prosecution, 330.

effect of nolle prosequi lp, 432.
MANDAMUS,
to compel a gas company which has cut off the gas

from plaintiff's premises for his failure to pay a

former bill, to continue such supply, 130.
MARITIMN CONTRACTS. See ADMIRALTY.
MARRIAGE,

ill health as an excuse for breach of marriage

promise, 319.
proof of, in criminal cases, 321.
general presumption in favor of, 321.

fraudulent conveyance in anticipation of, 399.
MASTER AND SERVANT,

liability for negligence in failing to acquaint a

servant with the operation of new appliances, 62.
liability of master for injuries to third parties from

ects of a stranger, 122.
contract of employment subject to satisfaction of

employer, 241.
labor organizations, the rigbt to control the price

of labor, the right to strike, 301.
negligence of independent contractor, 310.
liability for injury to servent for assumed risk not

in line with servant's duty, 457.
liability for injury to servant where the inaster has

knowledge of servant's experience, 157.
MEASURE OF DAMAGES. See DAMAGES.
MISSOURI,

discussiop of the recent constitutional amendment

of that State taxing mortgages, 448.
MONOPOLIES,
contract of municipal corporation in the nature of,

421.
the regulation of "trusts," 45.
validity of agreement not to conduct business, as

stifling competition and promoting a monopoly,

484.
MORTGAGE,

acceptance' of a trust deed, 340.
release by mortgagor to mortgagee, 401.

good faith exacted of inortgagee, 401.
executory agreement to gurrender, 402.
conveyance of mortgaged premises in payment

of debt, 403.
parol release-statute of frauds, 403.
mortgage by deed absolute in form-defeasance

by parol or separate writing, 404.
deed absolute as passing legal title, 404.
mortgagor's interest as created by parol, 405.

estoppel against mortgagor, 406.
constitutional amendment taxing mortgages, 443.

foreclosure of, in the federal courts, 478.
MUNICIPAL CORPORATION,

validity of city ordinance upreasonably interfer.

ing with the liberty of a citizen, 2.
liability of, for degligence in the exercise of both
private or municipal powers, 5.
general rule stated, 5.
Tlability growing out of management of prop.

erty, 6.
ground of liability stated, 8.
ability for negligence in constructing public

wurks, and failure to keep in repair, 8.
liability of, for injuries proceeding from negligence

of fire department, 23.
validity of city ordinance declaring it unlawful to

associate with prostitutes, 102.
municipal llability for breach of public duties, 126.
exemption of homestead in cities, 141,
validity of city ordinance providing for public

BCAvengers, 161.

MUNICIPAL CORPORATIONS-Continued.

validity of city ordinance prescribing certain

limits for lewd women, 181
Vability of municipal corporation for damages re.
sulting from defective plans of construction, 185.

general doctrine stated, 185.
cases illustrativg general doctrine, 186.
distinction between ministerial and judicial

duties, 187.
limitations on doctrine of now.liability on ac-

count of plans, 187,
defective plans in constructing street, 158.
reasonableness of plans, 189.

conclusion, 189.
estoppel to plead ultra vires by way of defense

against action for money loaded, 242.
the unconstitutionality of assessment of private

property by the front foot or area rule, to pay for
grading or paving a street or for building a sewer
or making other local public itnprovements

authorized by State legislative enactment, 243.
liab:lity tor torts of officers, 281.
rights of telephone company to maintain wires and

poles in streets, 291.
liability of, for personal injuries caused by pegli.

gence in the use of a steam roller on streets, 320.
liability of, for damage caused by surface water in

the construction of sewers and in the grading

and paving of streets, 367.
Jurisdiction of suit by water company to enjoin the

enforcement of a municipal ordinance fixing

rates of charges for water, 381.
right of city board of trade to withhold market

quotations, 399.
though not required by charter to let contracts for

public work to the lowest bidder, has no authority
to adopt an ordinance prescribing that all work
of a designated kind shall be given exclusively

to persons of a specified class, 421.
contract of, in the nature of a monopoly, 421,
statutes are unconstitutional which impose the

cost of a public improvement upon adjacent
lands, according to the frontage and area thereof
without any reference or limit to the extent or

ratio of special benefit thereto, 423.
where a smallpox hospital is rightfully located

and well conducted by a municipality there can
be no recovery by a property owner for depre.
ciation in the value of his property by its loca.

tion in his neighborhood, 412.
the location by a city of a smallpox hospital on

land owned by it is not as to adjoining property a
taking of private property, nor a physical in.
jury, entitling adjoining landowners to damages,

442.
it is not a State legislative function to determine
the amount of special benefit of a public im.
provement to adjacent lands, hence a special as.
sessment based on such determination violated

the fourteenth amendment, 460.
MUTUAL BENEFIT INSURANCE. See LIFE INSURANCE.
NEGLIGENCE,

liability of municipal corporation for, in the exer-

cise of private or municipal powers, 5.
of a bailee imputed to his bailor, 72.
the acceptance of benefits from railroad em.

ployees' relief associations as a defense to ac.
tionable negligence resulting in personal injuries

or death, 148, 172.
the fact that one who sustains injury by reason of
the negligence or wrongful act of another, may
have been at the time of the injury acting in dis-
obedience to his collateral obligation to toe State,
which required of him the observance of the Sun.
day law, will not prevent a recovery from one
whose wrongful or negligent act or omission was

the proximate cause of the injury, 182.
liability for negligence in improperly placing elec-

tric wires by which injury ensues, 202.

XEGLIGENCE-Continued.

bicyclo is not a carriage, within the meaning of an

act providing damages for injuries caused by de.
fective higbwaye, 224.
liability of the owner of a private park who uses it
for the purpose of the exhibition of fireworks,

for injury to spectatorg, 243.
liability of a public hospital to patients for injuries

resulting from the negligence of a purge em.
ployed in the hospital, 280.
liability of shop keeper to maintain a safe place

for bis customers, 300.
shop keeper capnot avoid responsibility to bis

customers by permitting an independent con.
tractor to enter his store at such time to perform

a contract with the shop keeper, 300.
contributory negligence on the part of a mother in

attempting to rescue her child from peril, 419, 446.
contributory negligence in attempting to rescue

the life of another, 449.
application of the doctrine of proximate cause, 140.

identity of persons guilty of negligence, 447.
NEGOTIABLE INSTRUMENTS. See BILLS AND NOTES.
NEW YORK,

statute of, aimed at fictitious incorporation, 141.
XUISANCE,

injunction not granted against a county to restrain

it from committing a nuisance, 251.
OFFICE AND OFFICERS,

State offices and the federal judiciary, 21.
liability on official bond for acts done by public

officer " colore officii," 102.

criticism of candidates for oftice, 241.
OHIO,

validity of Ohio mob violence law, 101.
OPTIONS,

real estate options, 84.
OSTEOPATHY,

legal status of, and ph ysicians practicing it, 201.
PARENT AND CHILD,

custody of minor as between the parents, 305.

recent cases on custody and control of iplants, 307.
PAYMENT,

whether right of action for death by wronglul act

is barred by payment of money to one who is
made a beneficiary under a membersbip in a re

lief fund, 399.
PERJURY,

before a de facto court, 81.
PHYSICIANS AND SURGEONS,
legal status of osteopathy anu physicians practic.

ing it, 201.
necessary visits of physician to patient, 261.
does the doctor, druggist, or patient own the pre-

scription, 390,
PORTO RICO,

legal status ot, 41.
PRESUMPTION,

as to receipt of draft sent by mail, 123.

of marriage in criminal cases, 321.
PRINCIPAL AND AGENT,

while contract to pay for whisky unlawfully sold

will not be enforced, the seller may recover the
proceeds of such sale collected by the agent who

made it, 103.
person who having in charge as agent the goods

of another, makes with a common carrier a con
tract to ship such goods, in wbich the agency is
not disclosed, may maintain an action in his own

name for breach of such contract, 164, 230.
proper parties plaintiff in actions on contract as

between an agent and an undisclosed principal,

232.
parties plaintiff in actions ex contractu or ex delicto

against common carriers for injury or loss of
goods in transportation, as between an assignor
and assigvee, 233.

PRINCIPAL AND AGENT-Continued.

where an owner employed a broker to exchange

property for any other suitable property," and
such broker produced a party with wbom the
owner contracted to exchange for property which
he accepted asjisuitable, but such exchange was
pever made because of a defect in the customer's
title, the broker'is entitled to bis commission,
provided he was ignorant of the defect in title,

440.
PRINCIPAL AND SURETY,

liability on official bond for acts done by public

officers "colore oficii," 102.
PRIVACY,

the right of, by advertising photograph, 380.
PROCESS,
validity of judgments rendered in a foreign State

without personal service of summons, 265.
PUBLIC LAND,

Spanish land grants and private land claims, 212.
RAILROAD COMPANIES,

liability of, for negligence of a physician called to

attend one injured, causing further injury, 43,
the acceptance of benefits from railroad em.

ployees relief associations as a defense to action.
able negligence resulting in personal injuries or
death, 143,

introductory, 143.
not contrary to public policy, 145.
do pot conflict with employer's liability legis.

1&tion, 146.
mutuality-privity and consideration, 149.

pleading and practice, 130.
standard time, 234.
reasonableness of rule of street railway company

requiring separate accommodations for white

and colored passengers, 300.

rights and liabilities ol, in surface water, 366.
RECEIVER,

receiver of insolvent corporation occupies such a

relation that, for the protection of the corpora.
tion and its creditors, he may appear in court
and move to reopen judgments obtained against

it by fraud and collusion, 3,
RELEASE,

by mortgagor to mortgagee, 401.
RES JUDICATA,

the doctrine of, 24.
RHODE ISLAND,

validity of statute of, against trading stamps, 1.
RUSSELL, LORD,

methods of, 309.

resolutions on the death of, '310.
SALE,

evidence of meaning of the term. dry goods" in

written contract of sale, 3.
real estate options, 84.

former requisites, 85.
consideration, 85.
time, 85.
withdrawal of options, 86.
remedies, 86.

options to real estate brokers, 86.
recovery by a principal from an agent of the pro.

ceeds of an unlawful sale, 103.
contract of sale reserving the legal title to the

property in the vendor until the price is paid is

valid, 248.
vendor who retains the legal title to property sold

until payment of the purchase price with the
right to take possessiou on default in payment,
cannot sue the vendee for a balance of the price
after asserting the rigbt to disaffirm the contract

by taking possession of the property, 248.
rights of vendor of chattels conditionally sold, 250.
wbat law governs in a contract for conditional sale

of personal property made in one State and prop-
erty delivered in another, 287.

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