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BOOK NOTICES- Continued.

PAGE.
Townshend's Law of Slander and Libel....

306
Tyler on Partnership ..
United States Reports, Vol. 94 ....
Wait's Actions and Defenses......

305
Weeks on Mineral Lands ........

246
Wilbur on Insanity...........
Williams on Executors .......

138
Wisconsin Reports, Vol. XLI..
Wood's Folkhard's Starkie on Slander and Libel ....

Woodman and Tidy's Forensic Medicine............
BOUNDARIEŞ-Fixed monuments control courses;

when boundary is monument...... ...... ........ ...
BROUGHAM - Reminiscences of .............. 424
BREACH OF PROMISE -- Promise to marry

while wife living void .
BRIGHAM YOUNG – Death of, not to provoke

litigation .......
BROKER:

earning of commission; proximate cause ; "in con-

sequence of"
services of, in exchanging real estate... ..... 159
BRYANT, William Cullen, as a lawyer ............. 248
BUILDING subscription cannot be enforced by action 251
BURIAL- Right of cemetery association to make

rules as to rights of lot owners ...... ............ 337
CALIFORNIA CODES...
CAPITAL PUNISHMENT:

abolition of, in Belgium.
England and Maine

....

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BAR ASSOCIATION - Continued.

PAGE.
increase in numbers of ........

126
influence of Illinois.....

480
order of exercises for annual meeting of New York

State.
privileged communications of members of......
prize essays.........
proceedings of New York State.....
O NE 1 Ork

le...... ................
reasons and necessity for forining....

(see New York State Bar Association.)
BARBOUR'S DIGEST.

...... 287, 307
BARON BOWSE as a judge in criminal cases.......
BASTARDY- Defendant not entitled to benefit of

reasonable doubt ........
BAXTER, Hon. John, judicial nomination of, con

firmed ..........
BENCH AND BAR.. 137, 154, 336, 353, 376, 395, 439, 457
BENGAL JUDGE-Startling and curious decision

of, as to murder..
BIGAMY-What constitutes; cohabitation not neces-

sary.... . ..................... ... ..................
BILLS OF EXCHANGE - International code of, 290
BILLS OF LADING:

conditions in bill not conclusive; mistake in quan-

tity of goods named in as shipped. ........... 88
priority of lien ; stoppage in transit ......

246
transfer of; rights as between transferee and unpaid

vendor; stoppage in transit...................... 151
BONDS (see Municipal Bonds).
BOOK NOTICES:
Abbott's Forms, supplement to ....

398
American Law Review........

39
Angell on Carriers ................

287
Angell on Watercourses, 7th edition........
Barbour's Digest of New York Reports
Annotated Pocket Code.....
Benjamin on Sales ........
Bennett's Fire Insurance cases.

267
Bliss' Annotated Code
Blumenstiel on Bankruptcy ..

459
Bigelow on Fraud.....
Bump on Bankruptcy, 10th edition

06
Bump's Composition in Bankruptcy

339
Burroughs on Taxation..

355
Chaille's Medical Jurisprudence.

373
Chamber's Index to next of kin.....

60
Clemens on Corporate Securities ....

247
Coddington's Digest of Trade-Marks.

459
Comyns' Abstracts of Title........
Cooper's Reports, Vol. II......
Cox on Common Law Practice....
Crary's Practice in Special Proceedings..
Crary's Special Proceedings..
Dahlgren on Maritime Law....
Digest of International Law....
Field on Corporations........
Frank on the Bankrupt Act...
Freeman on Void Judicial Sales ..
General Statutes of New York fo
Heron on Jurisprudence...
Hilliard's American Law.....
Hoadley on Roman Law Procedure
Indiana Reports, Vol. LIII.
Kansas Reports, Vol. XVII.
Keiley's Insolvent Assignment...
Lascelles on Purchase and Sale of Horses.
Lowell's Decisions, Vol. II.
Lyon & Redman on Bills of Sale..
Maine Reports, Vol. LXVI....
Maryland Reports, Vol. XLIV
Massachusetts Reports, Vol. CXXI
May's Stephen's Digest ....
McArthur's Reports, Vol. II
Minnesota Reports, Vol. XXII....
Mississippi Reports, Vol. LII..
Mitchell on Contracts for Sale of Land.
New Hampshire Reports, Vol. LVII.
New York Code of Civil Procedure..
Norris' Reports, Vol. I..
Notaries' Journal.....
Notaries' Manual......
Parliamentary Blue Book........
Parsons' Annotated Pocket
Proffatt on Notaries........
Redfield on the Law of Wills, V
Redfield's Reports, Vol. II.....
Riverta de Disciplini Carcerarie...
Russell on Crimes.......
San Francisco Law Journal .......
Smith's Elements of the Laws...
Smith's, P. F., Reports, Vol. XX
Stanton's Rentucky Digest.....
Stephen's Digest of the Criminal Law..
Texas Court of Appeals Reports, Vol. I..

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CARRIER:

action to recover value of trunk and contents..
carrier may limit liability by contract; non-delivery
does not constitute conversion ....

(see Contract.)
delivery by, to connecting line ....
of animals, liabilities of .................
of goods, carrier may limit liability ; assent of

shipper to contract limiting liability necessary;
carrier cannot contract against his own negligence;
goods shipped over connecting lines ; what receiv-
ing carrier undertakes ; stipulations relieving car-

rier from liability; damages; rule as to............226
special contract cxcluding liability except for will-
'ful misconduct; delivery of goods to wrong per-

son ........................ .. .. .. ... .... .. ... 396
stipulations against liability in contract; general

words do not include negligence of carrier; lia-
bility as to animals carried....

**:: :. .... .. ....
when contract as carrier terminates. ..............
of passengers:

accident; disorderly person ; evidence; negli

gence: order; railway company............... 58
liable for unnecessary violence toward passen-

gers by servant; unauthorized violence while
acting in scope of employment...... ....... 28
duty of, as to protecting passengers from assault
railroad company owning two lines between

same terminal points, need carry only over
shorter one......
right to enforce payment of fare ; ticket wrong-

fully taken up......
railway company; by-laws; passenger failing to

produce ticket; demand of fare ; penalty or
forfeiture.......

......... 152
(see Attachment; Common Carrier.)
CASES REPORTED IN FULL:
Adams v. Mayor:

State taxation of National Banks.....
Albany & Boston Mining Co. v. Auditor:

collecting taxes not restrained from legal in-

formalities........................................ 451
Atlantic Mutual Life Ing. Co., matter of:
bankruptcy of corporations; when policy-hold-

ers corporators.......... ....... ................ 453
City of Lansing v. Toolan:
municipal negligence........

..........
County of Cass v. Johnson:

municipal subscriptions in aid of railroads......
Cranson v. Smith:

State legislation affecting patent rights..........
Dickson v. Reuter:

liability of telegraph companies.
Doyle v. Harris :

specific performance..............................
Durfee v. Jones:

the rights of a finder of lost property........
First National Bank of Rochester v. Pierson:..

Purchasc of notes by National banks.....
Gilbert Elevated Railroad, matter of.

constitutional law; railways in streets. .........

...

4

.......

...........................

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........... 299

CASES REPORTED IN FULL-Continued. PAGE.CHICAGO:

PAGE.
Globe Insurance Co. v. Wolff :

divorce lawyers ............
conditions Iffe insurance policies; waiver of,

Law Institute.
by insurer and by agent......

Law Journal.....
Good v. Martin:
indorsement of promissory note by stranger be-

CHINESE TRIALS...............
fore delivery......
Hudson y. Solomon:

CHRIST and the lawyers ..
evidence in election cases........ .............. CHRISTIAN, Jonathan ...............................
Magrath v. Finn:

privileged communications; words spoken from CITIZENSHIP of corporations......................
the pulpit.......

............. 186
Mayor of B. V. Allen:

CLOUD ON TITLE- Deed from husband to wife, 69
liability of acts impairing lateral support........ 410 CODE OF CIVIL PROCEDURE:
McHenry v. La Societe:
jurisdiction of State courts as to mortgage made

arrangement of.
by bankrupt....

comments on....
Mynard v. Syracuse:

constitutionality of...........
liabilities of carriers of animals....... ......... 471

critics of.........

212
New Jersey y. Yard :

criticisms on......
State legislation impairing the obligation of don't repeal all of old Code....
contracts,.....

grammar of....................,

459,
Outbank v. Lake Shore :

m erits oi............... ....................

397
limitation of easement by acts of grantee....... 428

objection to competency of witnesses...

308
Peyser y. Mayor of New York

rules of practice under....

421
when payments upon illegal assessments recov-

service of summons by publication of....
erable......

service of summons on party without the
Phønix Insurance Co. v. Pechner; Armory v. Ar-

necessity for new text books......
mory:

undertakings.........
removal of causes from State to Federal

CODICIL- Mistaken date; revival of previous will.. 90
courts...
Pratt v. Grand Trunk Ra

(see Win.)
delivery by common carriers to connecting line. 331 COLLECTING AGENCIES acting as attorneys
Russell y. Weinberg:

and counselors......
deficiency on foreclosure sales ; when mortgagor
not liable for......

COLLISION (see Shipping).
Sattomayor v. De Barros :
lex domicilii and marriage....

COLORADO- Breaking up courts in................. 441
Savings Bank v. Parmelee :

COMMERCIAL LAW – What is not tax on com-
accommodation Indorsement by bank........... 473

m erce.... .. ............................................
Seaton v. Scoville:

stipulation allowing costs of collection in prom COMMERCIAL PAPER- Indorsement of non-
issory notes ........................................ 140

negotiable, by one not party............
Seldon v. Trust Company:
what constitutes" a banker under the revenue .

COMMINGLING OF GOODS-Mixing of arsenic
laws

...... 156
and salt by carelessness of seamen.
.............. ......... ............ ........
Sessions v. Johnson :

CONFLICT OF LAWS:
judgment for torts - joint and several wrong-
. doers ......

between State and Federal courts ...................
Spice v. Bacon :

divorce ; ultra vires......
*Inn-keeper - Ilability for loss of property of husband and wife; curtesy; wiii ;" statute of

frauds ..
State guestina.......................................

law passed for one purpose useful to accomplish
proceedings against Federal officers in State

another ....
courts..

place of contract as applied to note and mortgage..
... ... ......... .......................
St. Joe v. Smith:
State courts and receivers appointed by Federal

CONGRESS:
courts............

extra session of ...

............
Swainson v. Northeastern R. R. Co.:

large amount of business before.....
employment of servant by joint masters......... 261

progress of business in .....
Tobey y. Wood:

v. Courts......................................
infancy and ratifcation...... ............. 136

CONSIDERATION - What sufficient to support
Williams v. Briggs:

contract; submitting to suspension from board of
mortgage on property not in possession of mort-
....................................... 387

brokers; when agreement not void for want of mutu-
kagorm : ..........................

ality....

........... 413
non-negotiable promissory notes................. 116 CONSTABLE- Killing of, by a woman in Chicago.. 462
Wyatt v. Watkins :
mortgage of crop to be planted................... 205

CONSTITUTIONAL LAW:

act requiring corporation to waive citizenship un-
CASHIER of bank not presumed to have power to

constitutional; corporation citizen of State when
bind bank as accommodation indorser of his own

created; foreign railroad corporation; removal of
promissory note...

cause............ ....

........ 104

act requiring license to employ laborers to work out
CENTENNIAL:

of State valid....

.. 437

amendment of 1875 as to railroads in streets; does
anniversaries, celebration of.........

not affect franchises already granted; street steam
law...

railways ; non-compliance with corporate charter;
CENTRAL LAW JOURNAL on excessive legal

walver; sovereign only can enforce forfeiture of
fees ...........................

.............. 230 charter of corporation; rapid transit act ; section

38, chap. 606, laws 1875, not unconstitutional: pro-
CERTIFICATES OF DEPOSIT (see Promissory

visions contained in section 36, chap. 606, laws of
Notes).

1875, general... ....

appointment of commissioner to act as surrogate
CHAMBER OF COMMERCE of the State of

under 2 R. S. 80, 8 54, not an appointment to a pub-
New York, charges and specifications against official

lic office.............

... . ..... ...... ..... 450
arbitrator of .........................................

law impairing obligation of contract; change of
CHARITABLE INSTITUTION (see Covenant).

remedy ; substitution of one remedy for another

not a violation of the constitutional provision....
CHATTEL (see Personal Chattel).

law impairing obligation of contract; what is not

laws 1860, chap. 501, forbidding dramatic representa-
CHATTEL MORTGAGE:

tions in New York city on Sunday valid; act men.
can thing not in esse be subject of ..........

tioned does not infringe on right of worship......
construction of danger clause ......

legal tender act.... ............................... 310
mortgage on vessel; title to vessel; what is not..

power of legislature to control corporations; requir-
mortgage void as against creditors ; right of admin-

ing railroad company to erect bridge for highway
istrator of mortgagor as co; unpaid legacy pot

crossing track...
subject of.....:

power of legislature to change from one public use
to secure future debts and upon goods to be acquired

to another................................

rapid transit case ..
upon after acquired property; title of mortgagee.

regulation of inter-State commerce; liability of
validity of, given to secure antecedent debt..

owner of vessel ; statutory construction...........
estoppel of mortgagee as to creditor.............

relation of United States to each other as modifled

......... 885

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CONSTITUTIONAL LAW - Continued. PAGE. CORRESPONDENCE:

PAGE.
by the war and the constitutional amendments, 234 Appeals to the Court of Appeals......

..... 323
254, 277,

Barbour's Digest of New York Reports.......... 267,
restraining right of petition.

244
................... 2

Constitutionality of the New Code...........
statutory construction ; title to local act not em-

Contracts extending payment between mortgagee
bracing provisions ; delegating legislative power;

and vendee of mortgagor....
amendments to general excise law; when not ap-

Conviction of John Bowman.....
pilcable....................... ............ .... 263, 264

Critics of the New Code..........
street railways in cities; constitutional amend-

Digest of New York Reports..
ments, 1875 ; New York Elevated Railway ; Lawg

Effect of Corporate By-Laws upon Strangers...

399
1875, chap. 606, $ 36; vested right not affected by

Grammar of the New Code......

, 479
constitutional amendments ; contract for benefit

Hint to Authors ............

...... 190
of separate estate; misappropriation of loan for

Hint to the Governor...

139
benet of estate................ ..::: : ::....

223 New Code. .......
street railroad; Matter of Gilbert Railroad

New Rules Governing Admission to the Bar. ......

.. 307
tax on receipts of railway company; exemption of

“Old Fogy Again,

190
corporation from taxation by clause in charter:

Queries ....

...........
what not violation of agreement for exemption... 4

Text-books for Students......
what is not a tonnage tax; object of forbidding

tonnage tax; what prohibition applies to ; cases COURT OF APPEALS OF NEW YORK:
distinguished ; such ordinance not a regulation of

adjournment of ....

462
commerce.......

business in... .....

......... 193

reports, contract for publishing.
CONTEMPT:

421
how to prevent accumulation of business in........

Åhus ..::........

308
commitment by bodies other than legislative or judi-

increase of business of..........

249
cial.. ..............

........... ................ 30
fighting in court.. ..

COSTS:
interference with receiver operating railway.. ... 165 extensive bill of ....

in appeal from surrogate's decree; when payable
CONTRACT:

out of estate..
agreement void for uncertainty....

when not allowable out of estate of decedent in liti-
burden of proof; failure of sale through acts of

gation over will ..

.. .......... 389
vendor: personal services, payment for, condi-

COVENANT :
tioned on sale of realty.........
cancellation of written agreement relating to land;

to use building “as and for a private residence
breach of contract; measure of damages in con-

only;" charitable institution ; Injunction ; costs
tract relating to realty; action by builder; archi-

of unnecessary affidavits ...

... ... 396,
tect fraudulently withholding certificate ; collus.

construction of; land sold for particular purpose..
ion with builder's employer..

for benefit of third parties; when enforceable ...... 38
consideration; mutuality...

(see Real Estate.)
construction of; for joint adventures......

CREMIEUX, M., exordium of...
sale of goods; what constitutes agency.......
sale of invalid patent right; rescission.......

CREDITORS' BILL (see Parties).
(see Patent Right.)
sale of newspaper; good will ........

CRIMINAL EVIDENCE:
contracts made under Confederate laws.....

accomplice...........................................
extending payment between mortgagee and vendee

existence of secret organization to establish motive, 34
of mortgagor................

homicide; opinion as to danger to life ..... ...... 105
for personal services; failure to perform through

meaning of motions of a wounded man ; expert tes-
inability of party performing.....

timony
illegal contract; lottery; part performance; revoca-

*(see Evidence).
in restraint of trade, what is not.......

CRIMINAL LAW (see Criminal Evidence).
liability of principal on sealed contract.....

burglary; entering bank at solicitation of detective
mercantile contract; construction; "shipped dur-

in charge............................................. 45

Brown-Kelley case ....................
ing March and April;” evidence of mercantile

480

cessante ratione lex cessat; unlawful marriage.......
usage..
..................................

commutation of sentence for murder ..
note made on Sunday....

compelling prisoner to furnish evidence, etc......
(see Damages.) *** ****
conspiracy ; partnership .....

.....
of incompetents....

embezzlement; receipt by servant on account of
ratification of void contract ; agency; effect of re-

master .....
ceipt..............

evidence; testimony of detective, what credit to be
sewing machine contracts...

given to; character of evidence admissible to
State legislation impairing obligations of

prove motive for crime; connection of prisoner
wager; lease how affected by........

with criminal organization.........................
walver : work not done in accordance with contract. 54

false pretenses; evidence of pretenses ; malicious
what necessary to constitute implied contract with

injury to property; 24 and 25 Vict., c. 97, 8. 41;
United States .....

placing poisoned fish in inclosed land ; 27 and 28
(see Carrier ; Conflict of Law; Constitutional Lavi:

Vict., c. 115, s. 2...........
Fire Insurance; Life Insurance; Specific Per.

former conviction, when not bar to subsequent pro-
formance).

ceedings ...........

prisoner refusing to plead. ...
CONVERSION - Obtaining possession of note for

rape; consent; submission; carnal connection under
purpose of destruction; when demand not necessary

pretense of surgical operation...
before action............

reconsideration of sentence .....

re-trial of criminals convicted without gounds of
CONVEYANCES-Voluntary, by weak minded

error ................ .........................
persons; laches ......

• 17 seduction under promise of marriage; evidence;

direction to witness to tell her own story; preg-
CORPORATE BONDS (see Municipal Bonds).

nancy of prosecutrix; supporting evidence; rele-

vancy of; what necessary ....................... 116, 117
CORPORATE BY-LAWS-effect of, on strangers 399 Stephen on........

............... 448
CORPORATION:

Victor-Parquet case..

youngest person ever convicted of murder in New
authority of president to employ agents may be in-

SOCAR Ärson: Former Convictions: Trial)
ferred from nature of business of corporation,

-
etc. ; receiving benefit of agent's services amounts
to ratification of contract of hiring; implied con CRIMINAL PLEADING, election ...............
tract to pay for services performed for corpora-
tion; what necessary to bind corporation ....

CROSS-EXAMINATION, dangers of... .........
citizenship of ........
corporation not citizen; foreign corporation may

CROWEL, alias Galinsky, case of....................
carry on business only by legislative consent: priy CUMULATIVE SENTENCES.......... ........

ilege of carrying on business not property......... 26
Lake Shore, etc., Railway Company not a foreign

DAMAGES:
corporation; examination of transfer books by

consequential, Are occurring through negligence or
stockholders . .....

misconduct......
public corporation not liable for act done ultra vires, 38 in actions for recovery of personal property.. ..
special charter; insurance company; ultra vires; re-

introduction to a proposed Treatise on .....

measure of ; diversion of water of stream.........
(seo Bankruptcy; Constitutional Law; Evidence.)

measure of, in breach of contract.....

tion

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DAMAGES-Continued.

PAGE.
municipal negligence, City of Lansing v. Toolon.... 164

trespass; coal mine; remoteness of damage .... ... 303
(see Contract; Indian Country: Master and Servant ;

Negligence.)
DAVIS, J. C. Bancroft, judicial appointment of, con-
firmed.

............................ 441
DEAD-LETTER LAWS......... ....... ...... 232, 340
DEED:
construction of; condition precedent and subse-

quent .......
covenants in, as to character of buildings on land

conveyed ..
delivery of deed, what constitutes .....

(see Conveyances; Mortgage.)
DEFENSE, of orders of military authorities in ac-

tion for trespass .....
DEMURRAGE belongs only to master of vessel;

when not due .........
DEMURRER, frivolous........
DESCENT:
lands descend at once to heir ; rents ; right of ad-

ininistrator .......................................... 58
law of....

... .......
DEVASTAVIT, when administrator not guilty of.. 66
DILLON, JUDGE:

criticism of decisions of....
criticism of opinions of...

...............142, 112
and his accusers.............

.......212, 289
DISTRIBUTION, damages under Lord Campbell's

Act and Amendment Act, 9 and 10 Vict., c. 93; 27 and
28 Vict, c. 95, s. 2; payment into court ; mode of dis-

tribution among widow and children of deceased.... 188
DISTRICT OF COLUMBIA, litigation in....... 462
reorganization of courts in .....

........ ... 290
DIVORCE:

counter-charge; when adultery of plaintiff not bar, 34
end of divorce business in Utah...

214
status of wife after decree nisi for dissolution of

marriage, and before decree absolute .......... 396

privileged cominunication in divorce suit.....
DOCTORS; which to have precedence ....
DOG DAYS, law for.

.........
DOWER:

ante-nuptial contract designed to bar dower right.. 22

in property sold by assignee of husband.. ...........
DUE PROCESS OF LAW; taxation; McMillan
V. Anderson............

..................... 335
DUFFY, police justice, charges against... ............
DUNCAN, SHERMAN & CO., certain convey-

ances of, set aside..........
DURESS, what does not constitute; payınent of
money to Confederate officer in compliance with Con-
federate law......

............ 414
EASEMENT:

approvement against common of pasture; common;

evidence of custom of manor; right of lord of
manor to grant leases for brick making .......... 73
eavesdrop, right of, not acquired by adverse user...
grant of right to lay water-pipe; general terms of

grant made definite by subsequent acts of grantee, 389
liability for acts impairing lateral support..........
limitation of, by act of grantee.........
obstruction of lights; contract..................
subjacent support..................
what is not; what is not appurtenant to land

(see Contract.)
ECCLESIASTICAL LAW:

clergyman's dress.......

interesting case in....
ELECTION, votes cast at, presumed to be all the

legal votes
evidence in election cases ...,

............... 349
ELECTIVE FRANCHISE, Dr. Spear's article on
EMINENT DOMAIN:
acquisition of lands by railway company; descrip-

tion of lands in petition....
condemnation of land for railroad uses ; injunction;

payment a condition precedent: waiver ..
private property cannot be taken for use of private
persons; gold mining company; mining a public

object........ ........ .. .. ... ... i
rule as to appraisement of value; entry by railway

company before condemnation: present value of

land to measure damages ....
transfer by corporation of rigbt to acquire land
under power of ........

135

EMPLOYER:

PAGE.
taking bond for good conduct of employee......
ENGLAND:
a notable will case ......

..................

383
abolishment of capital punishment in....
block of business in courts of ...........
British Social Science Association..

269
dereliction of detective poiice inspectors..
Incorporated Law Society of United Kingdom.....
indexing statute law of..................,
knowledge of law among lower classes of. .......
law reporting in....
lawyers and law journals of, on advertising
lawsuit between Englishmen decided upon Turki

. ... 228
leading cases decided in....

194
legal notes from ....
legal notes from abroad...
London litigation .........
Lord Justice Christian .....
masonic rules in courts.
mis-delivery of telegraphic
new law courts .
clothing to be worn by judges and lawyers on red-

letter days .......
obligations of masters for injuring servants whilst

in service ......
Penge murder case.....
revenue to, from litigation ...
salvage question; Cleopatra's I
Stephen on criminal law.......

448
trial of detectives in.........,
trial of London detectives ...
trial of Mr. Bradlaugh and Mrs. Besant...

271
trouble with new system of procedure.
Old Bailey, description of....
work in parliament of.

York wills, number of.....
ENGLISH BENCH- Major and minor scandals., 347
ENGLISH AND FRENCH JUDICIARY -

Comparisons beween ......
ESCROW-Conditions upon which escrow was to be

delivered probable by parol; what does not constitute

escrow; when deposit of deed is not in escrow........ 394
ESTOPPEL-When holder of chattel mortgage es-
topped from setting up same against creditor. ...... 395

(see New York City.)
EVIDENCE:

accomplice...
admission of evidence upon appeal to support judg-
m ent ..............................

413
book account; copies from original entries...

. 89
compelling prisoner to furnish... ....

. 459
in election cases, Hudson v. Solomon .....

319
lost voucher ; willful destruction of, by party
of pecuniary condition, when inadmissible...
opinion of witness as to value; when opinion inad-

missible........
parol to contradict deed.....
proof of partnership; reputation not sufficient.
proving crime by retrospective view of character...
suicide as evidence of insanity .........
survivors as witnesses for themselves....

128
testimony sustaining accomplice....
to sustain credit.........
tone of voice; parrot.........

124
what presumptive evidence of ownership of stock

in corporation; what conclusive evidence of own-
ership: judicial records ; of bankrupt court; in
United States District Court....

. ........ 416
writing not contemporaneous; when inadmissible.. 389
(see Criminal Evidence ; Criminal Law; New York

City.)
EXCISE LAW (see Constitutional Law).
EXECUTION of judgments, and orders of foreign

courts. .................................................. 250
EXECUTIVE OFFICIALS, privileges of, as to

testifying....... .................................. 270
EXECUTOR - a man his own executor. ... ........ 192
EXECUTOR AND ADMINISTRATOR -ex-

ecutor continuing business of deceased; liability of
estate; estate not subject to liability incurred in pros-

ecution of business by executor...................... 105
EXEMPTION FROM EXECUTION:

musical instruments of musician.............. ...... 224
EXTEMPORANEVUS SPEAKING...........
EXTRADITION:
embezzlement. .....

............. 157
international.......
letter from William Beach Lawrence on....... 361, 405
under bankrupt law......

.......... 57, 478

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PAGE.
GILMAN, the forger, proceedings in bankruptcy

against ...
GRAND JURY:

previous opinion of, does not disqualify...........: 135

controlling business of court........
GRAY, Chief Justice; rides to court on horseback... 228

..... 168

...... 22. 13

PAGE.
FACTOR, what constitutes person factor and not
broker.......

............. 244
FALSE REPRESENTATION, contagious dis-

ease, animals infected with; sale in market; implied
representation that animals not suffering from disease;

conditions of sale ...................................... 152
FEDERAL criminal law, obstructing the mails ...... 224

judicial appointments..
officers in State courts, proceedings against; State v.
Haskin......

• ".......
FERRY, disturbance of ......

............
FIDUCIARY DEBT:

what is not...
FIRE INSURANCE:

assessment on premium notes..............
assessment; mutual insurance company; notice.... 135
contracts interrupted by the war; effect of suspen-
sion of payments; duty of insured ; domicile; stay

law..
insurable interest; government tax; transfer of

ownership ....
waiver of condition of policy; condition that waiver

must be indorsed on the policy ; effect of parol
waiver ; principal and agent; agent's knowledge;
how far principal affected.......................... 124
waiver of defense by company.......................
conditions in policy .......

13, 415

.................
delay in furnishing proofs of loss; reasonable time
when question of law, when of fact; waiver, what
don't amount to; estoppel, rule when proofs of loss
are furnished in time as to defects; when proofs

are not in time.....
contracts by letter, when consummated; represen-

tations as to title and incumbrances ...
evidence; mistake in policy, effect of......
exceptions from risk; proximate clause; military or

usurped power.........
false statements by insured....
insurance of interest of mortgagee; subrogation;

owner of mortgaged premises prevented insuring

by act of mortgagee; effect of..
loss caused by petroleum.....
stipulation in policy; warranty ; effect of statute as

to avoidance ; ownership ..
when contract for, consummated...........

HABEAS CORPUS:

discharge of bankrupt under; practice and plead-

ing; arrest for fraud. ...
when'writ denied for what not designed ............ 119
HANDLEY JUDGE, comments of, on exceptions

to referee's report......
HARLAN, JUDGE:

condition of, for United States justiceship.......... 251

inducted into office...........
HAWKINS, MR. JUSTICE, punctuality of .....
HIGHWAY:

fee of land of street; dedication and abandonment:

rights of original owner on abandonment.....
town bridges ; ad joining towns; when one town not

liable to contribute for highway bridge built by
another..... .............................. ......... 352

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.............. 19, 199

HOLIDAY - Docketing judgment on.............. 154
HOMESTEAD, mortgage of; interest of debtor's
wife.

............. ....... 152
(see Public Lands.)
exemptions; construction; legislative intent; fraud

in relation to dealing with homestead ............ 90
under bankrupt law........
HOMICIDE; right of attacked person to kill assail-
ant................... ............ ....................

........... 58
HOUSES OF PROSTITUTION; licensing ..... 291
HUSBAND AND WIFE:
agreement between, to separate .....

............. 79
(see Married Woman.)
ante-nuptial contract; presumption as to when

deemed invalid....
decree against husband for alimony cannot cut off

his creditors; homestead.............
lex domicilii and marriage ; Sothomayor v. De Barros 469
wife cannot compel husband to account.... .... 395

(see Action : Bankruptcy : Married Wom

FISHERY commission ................................. 378

......

55

FORCIBLE ENTRY AND DETAINER; what

constitutes; entry without forcible violence; forcible

detainer ................................................ 354
FORECLOSURE, when mortgagor not liable for
deficiency at; Russell v. Weinberg et al...

... 164
(see Mortgage.)
FOREIGN JUDGMENT; judgment in courts of

another State, when not impeachable ....
FORGERY:

forging power of attorney as to shares of stock. ....

forging; uttering ...........
FORMER CONVICTION:

conviction by court having no jurisdiction......
when a bar; plea of pardon .........
when not a bar.....

............
FOSTER, Mrs. J. Ellen, as a lawyer .....
FRAUDS:

knowledge of vendee; when sale fraudulent........ 69
organization of corporation; fraudulent prospectus;

non-disclosure of contract by promoters, meas-

ure of damages ; 30 and 31 Vict., chap. 131, $138.... 188
what necessary to appear in action for false repre-

sentations and in action for conspiracy............ 413
(see Agency; Bankruptcy; Laches : Negotiable Instrument.)
FRAUDULENT CONVEYANCE:
conveyance to wife...

........... 138
FRANCE appellate courts, unanimity in decisions of, 422
judges, arrogance of... ..........

....................... 3
FUNDAMENTAL LAW, disposition to tinker

with ............................................... 141

of damages, appear in a conspiracy instrument.)

ILLEGAL ASSESSMENT; when payment upon,

recoverable ; Peyser v. Mayor of New York....... 272
ILLINOIS judges, opinions of..........

.. ............... 20
State Bar Association, constitution of ..... .... 248

(see Bar Association.)
IMPRISONED DEBTOR, discharge; practice on
application for discharge; who may make order; ap-

peal ..............................................
INDIAN COUNTRY, what territory is not; seiz-
ure of property by military officer on territory not In-
dian country; rule of damages .......

477
INDORSEMENT:
collateral security; indorsement of note; when in-

dorsee not entitled to securities held by indorser:
right of indorsee does not resemble that of surety:

transfer of note carries collateral security with it.
contract of, not disputable by parol.

321
extension of time to principal debtor; release of in-

dorser.............................
of paper by one not party .........
release of indorser by extending time of payment.. 333
waiver of demand and notice; what does not amount

to : what amounts to waiver of laches of holder of
note; consideration not necessary to give effect to
promise to waive demand and notice..............

(see Promissory Note; Negotiable Instrument.)
INFANCY, right of mother to custody of female

child up to sixteen years of age; jurisdiction..... 457
and ratification, contract upon two checks; Tobey

v. Wood.....
infant cannot exercise judicial functions............
INGALLS, MR. JUSTICE, assignment of, to

general term in first district..
INJUNCTION (see Covenant).
INNKEEPER:

duty to provide entertainment; Inn; reasonable ex-
cuse: traveler.... .......................... ........ 7

............

...........

224
44

... 308

463

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GAINES' SUITS..... ....... ........... 21, 440
GAS COMPANY,liability of, for explosion of gas... 466

(see Negligence.)
GENEVA AWARD....

............
GERMAN MARITIME COURTS............... 400
GIFT of check payable after donee's death; bank ..

.........

book......................................................

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