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INNKEEPER - Continued.
PAGE. | LANDLORD AND TENANT:

PAG
liability of ; loss of property by guest; notice limit-

damages to cattle..... ...
ing liability; 26 and 27 Vict., c. 41, ss. 1 and 3; con-

defective drainage......
tributory negligence ...

ejectment of tenant at sufferance.
liability of, for loss of property of guests; Spice v.

lease of a furnished house; implied condition of it-
Bacon .......

ness for occupation.....
INSANITY; management of insane persons, in Great

liability of landlord for injury happening to stranger
Britain.......

during tenancy; liability of landlord for defective
validity of contracts of ......

repair of demised house; negligence .........
contracts by insane persons when not set aside......

rights of tenant concerning fixtures........
(see Juror.)

liability of landlord for injury to stranger...

(see Suretyship.)
INSTITUTE OF INTERNATIONAL LAW:

LARCENY, appropriation by finder of lost goods...
maritime law during war ..........

326 LAW BOOKS, price of.............
INSURANCE (see Fire Insurance; Life Insurance; LAW OF NATIONS, association for codification
Marine Insurance).

and reform of....

.... 106, 1
INTEREST, when one receiving money paid by mis-

LAW for the dog days................................
take, not liable for....

students' series..
upon interest . ....

origin of..........
INTERNATIONAL EXTRADITION ......... LAWYERS:

advertising by....
IOWA courts, statutes and rules of..................

as novel readers........
State University

concealing facts from court ...............
IRISH judicial system, transformation of............

disbarment of.........
judiciary....

errors of western lawyers......

v . . ... .....
lawyer commences cause by throwing up brief.....

excessive fees of, in New York ...
Reports, denunciation of....

excessive fees paid to counsel .

female lawyers ....
statistics .......

generally honest.
JOINT OBLIGATION remedy at law against

queer will of.
survivors only; waiver by representative of deceased

taxing. ....
obligor...........
........ ..... ............... 3141

warranting success in cases .......
JUDGES in New York, salaries of.. :..

LEADING ARTICLES:
of Federal Supreme Court not entitled to mileage.. 290

Alterations of written instruments when presumed
JUDGMENT:

to have been made, and their effect.....

Arbitration as a Condition Precedent.
by confession; what a sufficient statement for; set-

Centennial Law ...........
ting aside sale under execution; when not proper, 389

Charles Sumner...........
holder of subsequent lien on land affected by, may

Citizenship of Corporations...
show amount due on..............................

69

Contempt - Commitment
lien of, under Oregon law; docket entry......

Legislative or Judicial ....
purchaser of, without notice, takes subject to the

Contracts of Incompetents......
equities; neglect to record contracts affecting;

Dead-Letter Laws...................
mortgage; redemption by junior mortgagee; effect

Extemporaneous Speaking.
of tender by holder of junior incumbrance... 333, 334

Indorsement of Non-negotiable paper by one not
when it creates no cloud on title: assignnient under

party ........... ............
State law set aside under bankrupt law............ 394

Interest upon Interest.....
(see Laches ; Set-off.)

International Extradition ....
for torts, joint and several wrong-doers.............. 299

Public Treasurers, Liability of.
JUDICIAL CHARGE, as furnished by London

Reminiscences of Kent and Brougham...
Punch. ..........

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

Rufus Choate .....

Some Recent Decisions--19 American : 20 Ameri-
JUDICIAL OFFICERS, selection of higher....... 357 can, 160 ; 21 American, 382...........

State Citizenship .....
JURISDICTION:

State Interference with Patent Rights.....
bonds of foreign government; property of govern-

Survivors as witnesses for themselves.
ment in hands of agent in England; pledge in

The Critics of the New Code...
favor of bond-holders: principal and agent .......

The Elective Franchise...
cause transferred from State court; amendment of

United States Citizenship..
pleading after transfer .......

Voluntary Conveyances....
court of general; court of special .....
United States Court; stockholder in corporation ... LEASE:
French court refusing to exercise......

agreements in; when grantee of lessor not bound by; ...
in equity in actions for infringement; patentability

termination of ........
of process. .....

:

117

...........

cotiation:
j
............................

notice to repair; negotiations for sale ; suspension
judgment record of domestic court not conclusive

of notice; waiver..................................
as to ............

0
. .......... 310

restrictive covenant by lessee; disposition by owner
of State courts as to mortgage made by bankrupt;

of two tenements; easement; landlord and ten-
McHenry et al. v. La Société Française.. .......

ant; continuance of tenancy after expiration of
recitals in record not conclusive as to jurisdiction;

lease ; assignee of reversion; covenant to repair, 120, 121
when statements as to jurisdiction in record may

underlease ; covenant by underlease not to build ;
be impeached ......................

282

purchase by underlessee of immediate reversion;
State courts and receivers appointed by Federal

merger; liability in equity to building covenant.. 208
courts; St. Joe & Denver City R. R. Co. et al. v.

(see Surety8hip).
Smith .....

.. ............. ..........
when appeal lies from State court; Federal question, 391 LEGACIES and annuities, when chargeable upon
action (see Bankruptcy; Infancy , Practice).

land: devise to charitable uses; when void; when

subject of such devise descends upon heirs subject to
JUROR:

charges .........
New Zealand juror becomes insane...

420 LEGAL BIBLIOGRAPHY
opinion of prisoner's guilt; when of such a charac-
ter as to disqualify juror; when competent........

LEAGAL TENDER ACT (see Constitutional Law).
remarks made by, to escape jury duty; disclosing
conduct in jury room.....
(see Evidence; Grand Juror.)

LEGISLATIVE POWER, to change from one
public use to another
ther .................. ......... ......

... 379
JURY:
infant jurors ........

230 LEGISLATURE of New York, duty of, as to excise,
legal question presented to ...

376 civil damage, insurance and usury laws..... .......... 46]
misbehavior of ........
trial by in Russia. .....:

LEX DOMICILII and marriage (see Husband and
(see Grand Jury)."
KENT, reminiscences of......

LIBEL:
KENTUCKY, extensive land suit in .................

ex parte charges; meetings of poor law guardians;

privilege by reason of the occasion; publication of
LACHES, what will amount to, in instituting equita-

matters of public interest .....
ble action to set aside judgment for fraud............ 45

newspaper publication......

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.......... 408

....... 166

121

....

Wife).

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

....... 414, 416

IFE INSURANCE:

PAGE.
agreement in relation to; parol contract; holding

insurance policy as mortgagee; consideration;
mutuality; contract construed as a mortgage

rather than a conditional sale...............
conditions against suicide........................ 414, 416
conditions in, waiver of, by insurer and by agent, 435
effect of war on contract; tender of premium to

agent in hostile country does not prevent forfeit-

ure........
insanity, what degree of, will excuse suicide so as

to make company liable......
non-forfeiture of policies............................
residence...........
statements in application; construction of : estop-

pel; liver diseases; usual medical attendant, who
is : practice; general objection to evidence ; use

of intoxicating liquor; question for jury..... 117, 118
suicide......

waiver ..................
LIQUORS, sale of; "strange devices" in........
LIS PENDENS, benefit of, lost by laches.... .......
LORIMER, Professor, on the Koran ................
LOST PROPERTY:

rights of inder to; Durfee v. Jones..
title of inder of..

........ 3,
larceny by floder....
LOTTERY TICKET, rights of transferee of.. ...

......... 414,

MELLISH, Lord Justice, death of ..............
MESNE PROFIT, estoppel; evidence..............
METEORS, right of property in..........
MILEAGE, Judges of Federal Supreme Court not

entitled to .... ............... .......................
MINES, taxing products of ...........
MISNOMER, plea of.............
MISTAKE OF FACT, rescission of contract for;

grounds of rescission; duty of party seeking it......
MONTAIGUE on judicial pedantry..........
MORTGAGE:

conditional deed not; when deed not required to be

recorded as ; priority of lien ..
contracts extending payment between mortgagee

and vendee of .....................
deed and defeasance; unrecorded defeasance.......
foreclosure in sults in which United States is a party,
of after-acquired property ......
of crop to be planted : Wyatt v. Watkins.....
on property not in mortgagor's possession ; Williams

V. Briggs..............................................
orthography of word “mortgagor"...

......... 141
relations of purchaser of land assuming payment of,
and mortgagor; land primary fund for payment;

foreclosure.............................. .......
referee's report should state reasons as to why prem-

ises should be sold as a whole or in parcels....... 151
right of mortgagee to timber ont from mortgaged

premises after default; expense of keeping prop-
erty .....

..... 394
right of holder to contract with reference to; when

mortgage not enforceable......
to secure coupon bond; sheriff's sale ; distribution

of proceeds; holder of bond Informally trans-
ferred to him.....

225
upon property to be acquired ......................... 349
when deed absolute in form treated as mortgage;

rule to determine character of instrument: posi-
tion, rights and liabilities of parties to instrument, 210

(see Bankruptcy ; Judgment; Life Insurance.)
MUNICIPAL BONDS, assignment of...... ....... 188

transfer of stock held in pledge: presumption : ex-
ecutor...............

............. ....
MUNICIPAL CORPORATION:

abutting property, what is street improvement......
by-laws, effect of, on stranger......
garnishment.. .....
invalid ordinance by ; what is such ordinance...
liability for damages from frightful object allowed

on streets...
notice to, of defective sidewalk; not liable for

change of grade of street; liability for unauthor-
ized acts... .. ............ ....................... .. 054
over-issue of bonds...
restraint of appropriation by tax payer...............
sewers in streets of city ...
subscriptions in aid of railroads; County of Cass v.

....... 208

311

..........

...........

Johnson .....

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MALICIOUS PROSECUTION what necessary

to sustain action; malice; probable cause............. 245
MANDAMUS:

to compel secretary of treasury to draw warrant.... 358
when peremptory not allowed; discretion of court

as to allowing peremptory or alternative man-

damus ............................................ 390
MARINE COURT of New York, the, as an ex-

pounder of the new Code ...
MARINE INSURANCE:

partial loss; cost of repairs; allowance of one-third

new for old; suing and laboring clause; salvage

expenses....
sub-agent of broker; lien on policies for premiums

paid by him; notice.....
wagering policy; open policy on profits and commis-

sion; without benefit of salvage, “but to pay loss
on such part as shall not arrivo; 'illegality; 19 Geo.

2, c. 37; return of premiums.......
MARITIME CONTRACT contract for use of

what is; a barge having no motive power of its own

held liable for wharfage..............
MARRIAGE:

civil contract merely, and no formal solemnization

required; presumption as to ..
validity of, between slaves, before emancipation....
within forbidden degrees ...
how to get married......

(see Married Woman.)***
MARRIED WOMAN :

contract by, what does not amount to .....
contract for benefit of separate estate; misappro-
priation for benefit of estate.......

intim
contracts in behalf of, by agent; limitation of

: :...... 223
authority; what is not carrying on a separate busi-
ness; the disabilities and liabilities of married

.............. 431
conveyance by stranger to married woman; pre-

sumption as to consideration.
status of, in divorce suit....

(see Husband and Wife.)
MARTINDALE, Gen., attacked by a client..........
MARYLAND judiciary (808 Grand Jury).
MASTER AND SERVANT:

bailor and bailee; cab proprietor; employment of

driver; liability for negligence; 32 and 33 Vict., C.

115
employments of servants by joint masters.....
liability of master for causing death of servant; e

dence bearing on question of negligence; charge

to jury; contributory negligence .....
master not liable to servant for negligence of fellow

servant..........................
negligence; scope of employment ............... 285.
sub-contractor under railway company; common

employment..........
obligations of masters for injuring servants while
in service............

........... 109
(see Contract; Negligence; Shipping.)
MECHANIC'S LIEN, attaches to building only;

subordinate to prior mortgage.....

MURDER (see Criminal Law).

........ 334

NATIONAL BANKS, reduction of stock by....... 140

(see Bank).
NAVIGABLE WATERS, rights of owners of

land adjoining as to landings; obstructions........... 189

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NEGLIGENCE:

act of God; overflow of river by reason of neglect to

comply with statute; measure of damages......... 396
amount of damages limited to compensation for ac-

tual loss: husband and wife; next of kin; who !

entitled to recover for death from, under statute.
building works; removal of hoarding; injury to per-

son passing in street ; sub-contractor; liability;

evidence of negligence .............................
crossing railway track; contributory negligence.... 225

(see Contributory Negligence.)
duty of owner of wharf as to vessels mooring there;

municipal corporations.....
duty of telegraph companies as to construction of
line in streets of city.........

.......... 390
duties of contractor and sub-contractor; question

of fact; unforeseen accident ...
duties of railroad and traveler at level crossing;

judge's charge.........................................
fres set by railroad locomotive; contributory negli-

gence; when question for jury ......
injury done to trespasser;' fire escape; child ten

years old trespassing...........
killing a cow......
licensee: invitation ; concealed danger ..
of fellow servant (see Master and Servant).

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NEW YORK STATE BAR ASSOCIATION

acceptance of incorporation of.....
constitution, by-laws and rules of ....
endeavors to increase membership of.
meeting of executive committee of...
poet graduate, prize of.......

(see Bar Association.)
NEW YORK system of procedure, its theory, his
tory and progress..................

......... . , ,
NORTH CAROLINA, Supreme Court of..........
NOVEL LAW SUIT................................:

closet room...

ation of company's serv-

OBITER DIOTA............................... ,
OBSCENE LITERATURE:

law of....
publication of The Fruits of Philosophy
absence of corrupt motive; indictment; omission

to set out words charged as obscene............ 4
OPTION of purchaser; a personal privilege only

not transmissible.
ORDINANCE (see Municipal Corporation).
ORDRONAUX'S Commentary on Lunacy Laws.... i

ee

NEGLIGENCE--Continued.

PAGE.
of third person not chargeable on defendant; rail-
way train; omission to give usual signals ; contrib-
utory negligence; duty of traveler approaching

railroad. ............................................ 7
piling material on its own land by railroad company

so as to obstruct view of approaching train, not... 3
traveler crossing railroad track; contributory negli-

gence.............. .......................... .... 208
violation of rules of railroad company by employees, 102
when question for jury; what does not constitute

negligence in law ....
(see Bailment; Carrier; Damages ; Gas Company;

Master and Servant; Shipping; Water-course).
contributory negligence:

aged person on streets .......
erroneous charge; when question of fact for

jury incons: going with lighted candle into
explosion of gas; going
party acting under direction of company's serr-

ant not guilty of .......
leaving passenger car...
when necessary to authorize nonsuit.....

(see Railroad).
NEGOTIABLE INSTRUMENT :

accommodation indorser ; fraud
accommodation indorser; where fraud alleged ;

holder of accommodation paper taken as collateral

security not a purchaser for value....... .....6
accommodation indorsement by bank; West St.

Louis Savings Bank v. Parmlee and Shaw

Bank ......
agreement expressed in to pay costs of collecting...
bona fide holder for value....................
for patent rights .....................................
fraud used to obtain signature to negotiable ........
indorsement of, by stranger before delivery ; Good
V. Martin ........... ......................

.... 3
indorsement of non-negotiable note by one not a
purchase of, by national banks; First National Bank

of Rochester v. Pierson ......
non-negotiable ; Woods v. North et al .....
relation of certificates of deposit to
stipulations allowing costs of collection in; Seaton
V. Scoville et al.....

(see Negotiable Instrument ; Negotiable Paper.)***
conditional note; condition precedent........... 13, 225
alteration of ....

....... .......... ........ 72, 167
attorney's fees ; effect of including them in note, 89-116
bill of exchange; advance secured by bills and by

assignment of debts due to borrower; bills nego-
tiated : bankruptcy of acceptor; application of

proceeds of assigned debts... .............
note obtained by fraud; misrepresentation as to na-

ture of instrument; negligence; estoppel; leav-
ing blank ; signing note without reading ; title to

defense ...............
presumption of ownership from possession; bona

fide holder without notice not affected by agree-
ments between maker and indorser and former
holder; prior knowle lge necessary to impeach
title of bona fide holder; udperformed agreements

no defense......................................... 47
promissory note; signing as maker and indorser;
signing as executor. .....

... 135
indorsement in blank before delivery; presumption

of guaranty ; right to fill up indorsement .......
promissory notes; transfer of part due notes ; notes
for purchase-price of land ...

(see Indorsement.)
NEILSON, Judge, articles by, on Rufus Choate...... 309
NEW LAW COURTS......... ... ............. 150
NEW TRIAL when refusal to submit to jury not
ground for ..........

......... ... ........ .... ....... ... 55
NEW YORK CITY:

amount of litigation in...
assessment for local improvements; valid and void

assessment...........
assessments for paving street previously paid; vaca-
tion of; evidence........

........... 334
assessment of property for local improvement; rule

governing; statutory construction; implied re-

peal of statute; rule as to...
consolidation of county and city; rights of holders

of claim against county to sue city; estoppel;
what does not constitute.............

..... ... 2
contracts made with ; condition precedent to pay-
ment; construction of contract; effect of statute

upon terms of ; estoppel.....
salaries of Marine Court officers; power of super-
visors to regulate... ...,

(see Constitutional Law.)
Bar Association, privileged communications of
members of........

(see Bar Association.)
daily newspapers, reporting of old cases by.......... 21
Herald and the Federal Supreme Court............. 462

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.... 20

PARDON; effect of pardon and amnesty by presi-
dent's proclamation, December 25, 1868; do not restore

property previously confiscated...
PARTIES:

action to restrain formation of village corporation ;

when injunction denied for defect of...... .....
in action for fraud in sale of real estate ; when per-

son not named in contract inay maintain action..
in action in nature of creditor's bill; judgment

debtor necessary..
tax payers of a municipality may invoke equity to

restrain municipal authorities acting ultra vires... 9
PARTITION judgment and sale in, bars future

contingent interest; who entitled to maintain action, 1
PARTNERSHIP:
agent; dissolution of; notice to those dealing with

firm; who is a dealer; notice by mail, when insuf-
ficient; question of fact; presumption as to let-
ters sent by post.................................
agreement to indemnify retiring partner against

existing contracts of the firm ; presumption as to
knowledge of liquidating partner with regard to
such contracts; evidence; proof of contents of
letters; what not admissible ; parol proof corrobo-

rative and explanatory of matters of record.......
bankrupt partner; rights of creditor of firm......... 41
contract rendering parties partners; for what part-

ners not liable......
liability of partner for contracts of copartner; facts

constituting copartnership........
notes made by........................................
import, joint obligation only...
remedy against survivor only........
partner cannot make assignment for benefit of

creditors without consent of copartner; subse-

quent ratification; what constitutes.
what will constitute...

(see Bankruptcy; Trade Mark.)
PATENT:

abandonment of......
not sustainable when claim is for result only.......
construction of; claim not to be enlarged by courts, 3,
infringement of...
patentability of process...
licensee under, may not question validity ..
patentability of process ... ...
State interference with....
State legislation affecting; Cranson v. Smith..
rights, fraudulent notes given for...

(see Contract.)
PATENT LAWS, amendment of.
PAYMENT:

appropriation to contract ultra vires...
secured notes given to fall due at different dates :

distribution of collateral security...
PERSONAL CHATTEL:
bills of sale act (17 and 18 Vict., c. 36), ss. 1, 7; grows

crops pot; not goods or other articles capable of

transfer by delivery..........
secret liens on; sale or return of, under form of

lease ....... ........
PERSONAL PROPERTY (see Personal Chattel).
PEW CASE, case Johnson v. The Minister and Trus-
tees of St. Andrew's Church....

....... ... 2

... 118

ity; rights of

PAGE.
PEW OWNER, interest of, in building.......
PHILADELPHIA church bell case, affirmance of.. 21
PITTSBURG courts, Court of Quarter Sessions in.. 76
PLEADING:

justification of trespass, when admission of owner-

ship in plaintiff,
nature of cause of action, whether ex delicto or ex

contractu ; how determined.....

novel punishment for verbose pleading........
· PLEDGE, rights of pledgee of commercial paper...

POISONING by striped stockings ... ....
POLICE COMMISSIONERS of New York, at- ..

tempt of, to put down "shystering".....
POPULAR GATHERINGS, right of authorities

to suppress ...........
POTTER, JUDGE, Aling of petition in bankruptcy

... 174

by ..............

m

o

n

.......

......

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

.... 407

..

69

170

........ 401
.......... 198

POWERS: trust; power of distribution ; does not
include power of limitation as to character of estate

given; trust created under such power void........... 166
PRACTICE:
in Court of Appeals ; when motion denied on ground

of laches in inaking it; motion to reinstate appeal
after dismissal and remittitur sent down ......... 456
jurisdiction of United States Supreme Court; when

judgment will be affirmed ; when Supreme Court
will not examine; errors not appearing on the
record.....

* : ...... .................. .... 477
summary petition by assignee .......

... 417
(see Appeal , Jurisdiction.)
PRE-EMPTION, of lands claimed under Mexican
titles ....

........................................
PRESCRIPTION:

line fence...
sea wall; liability of frontager to maintain ; sea flow-

ing over frontager's land on to that of adjoining

owners............................................
PRESIDENT, message, Federal courts, pressure of

business in ...
relations to the army.........
nominations......

................... 310
PRESUMPTIONS, presumption of ownership of

crops from possession of agricultural land (Ct. App.).. 370
PRINCIPAL and agent, liability of principal for acts

of agent after revocation of agency ................ 332
liability of, on sealed contract...

(see Attorney and Client; Insurance.)
PRIVATE CORPORATIONS, law of............
PRIVILEGED COMMUNICATION:

in divorce suit...
words spoken from the pulpit ; McGrath y. Finn....

(see Bar Association.)
PRIVILEGED DEBT, what does not consti-

tute; construction of contract ........ .............. 417
PROBATE OF WILL, when formal notice not

necessary to conclude legatee................. ......... 35
PROMISSORY NOTE (see Negotiable Instruments;

Indorsements).
PROXIMAE CAUSE, fire communicated from

adjoining lands : liability for results of negligent act;
when question of caution is for jury.....

......... 38
PUBLIC LANDS:

grant by Congress to State for school purposes ; con-
struction of act authorizing formation of State
government in Wisconsin ; grant of lands occu-

pied by Indians under treaty .....
settler under homestead act no right to cut timber.. 457
PUBLIC TREASURERS, liability of ........... 129
PUBLIC OFFICER, government not responsible

for laches of .
PUBLIC POLICY, contract of school trustees void

RAILROADS:

aid bonds, defects in; effect of notice to trustee for
bondholder ...

..... 67, TO
statutory construction; Laws 1867, chap. 953; 1868,
void in hands of innocent holders for value.......70

(see Negligence).
damages for ejection from car for refusal to pay ille-

gal fare ........................................ ......
duty of adjoining owner and railroad company as to
combustibles on lands; company liable for setting
fire upon adjoining lands without reference to
manner of acquiring right of way......
duty of company to fence; damage to cattle from
defective fence ; contributory negligence; burden

of proof in actions for injury for failure to fence.. 336
effect of consolidation of, upon municipal subscrip-

tions to stock.................................... 51
ejecting passenger from train.

. . .. ...... 443
fencing against cattle; contributory negligence. ... 354
municipal subscription in aid of; County of Cass
v. Johnson.....

.................. 433
obstruction of..........
rolling stock on, when real estate; mortgage of

rolling stock......
the judiciary and passes..
when limitation upon issue imposed by town valid;

unauthorized agreements by town officers; con-

stitutional law ...........
(see Carrier of Passengers ; Constitutional Law; Negli-

gence; Strikes.)
RAPE (see Criminal Law).
REAL ESTATE:

hedge, how far a partition fence; tenancy in com-
life interest and remainder; construction of deed.. 153

when covenant runs with land....................... 39
RECEIVER, when court of equity will not appoint,
RECENT DECISIONS:
19th American...

........................... 112
20th American.....
21st American

:........ 382, 404
RECORD; unauthorized cancellation of mortgage

by clerk or register.. ....
RECORDER OF DEEDS liable for false certif-

cate of search only to one employing him; knowl-
edge ..

......... 189
RECORDING A T. vendor's lien; rights of credi-

tor of grantee; homestead.....
REFEREES, fees of ...
report, comments of Judge Handley on exceptions

**** (see Mortgage.)
REMOVAL OF CAUSE:

by corporation...
from State to Federal court...
jurisdiction.....
reference of cause before application for removal...
notice to opposing party not required.... ........
what right to, depends on......
who may remove; acts of March 3, 1875, and July 27,

1876 .... ... . ... ... ....
whole suit must be removed; grounds of removal..

sufficiency of affidavit for.......................... 167
RENT. crops reserved in a lease; tenant's ownership

in crop undivided; when rent due.....................
REPLEVIN ; defense of title in a stranger; when not

available.
REPORTING; criticism of modern reports...... 41, 93
RESPONDEAT SUPERIOR; when rule does

not apply; independent agent; New York city; act

by servant of public instruction....,
RESTRAINT OF TRADE, covenant not to ad-

vertise former trade connection"; breach; injunction. 304
REVENUE, collection of ............. ................ 78
REVENUE LAWS, upstamped spirits and forfeit-

ures; United States v. Two hundred barrels of whis-
ky ........

452
RIPARIAN RIGHTS:

owner of both banks of a stream owns stream

easement of public to float logs: streams that may
float logs periodically navigable ; trespass by the
public, excuses for; boundary lines in patents to
stream; claim to land by reliction; sudden disap-
pearance of water gives no clairh to riparian
owner: right of owner of meandering stream to
accretions; riparian right subject to right of navi.

gation; boundaries ........ ... .. ... ........ ... 337
riparian proprietor does not acquire title to break-
water ..... ................................ ........... 395

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RUFUS CHOATE:
PAGE.

PAGE
Judge Neilson on ............

309 STATE, attaching money in State treasurer's hands;
letter from

163

suit against State ..
recollections o

4, 312 as a creditor, communication on...

citizenship .....
RULES of Supreme Court of New York, revision of. 268

governments, suing......
RUSSIA, jury trials in ...............

legislation, impairing obligation of contracts .......

(see Contracts.)
bar, standard of.......

municipalities, relations between ...

secrets, State officers not compelled to reveal.......
SALE:

STATUTE OF FRAUDS:
condition precedent; of personal property at fixed

agency of one signing contract may be shown by
price, to be paid in other property at fixed price.. 56

parol .......
of personal property ; sale to agent.................. 120

agreement concerving land ; party to be charged
appropriation under.................................. 110

only need sign memorandum ; adverse possession;
caveat emptor ; sale of cattle in open market .......

statute of limitations..
fraud; rescission of contract .....

170

contract with agent for agent's beneft; when not
of real estate, vendor and purchaser; contract by

applicable......... .. ............ ..................
letters; desuription of vendors; " proprietors,"

guaranty......
stipulation for formal contract; condition preced-

lease ; option of holding after three years (29 Car. 2,
ent; statute of frauds ............................... 304

c. 3), ss. 1, 2; 8 and 9 Vict., c. 106, S. 3...............
SALMON FISHINGS (see Trust).

parol promise to give house ; agreement in consider-

ation of marriage; possession ; part performance;
SAVINGS BANKS, deposits in ................... 423

incumbrances; statute of frauds.....
gift of bank book..

parol promise to pay debt of anothe

indorser ...
SEALED CONTRACT (see Contract ; Principal).

sale of interest in land ; license; estoppel ultra
vires.....

.....153-154
SEDUCTION (see Criminal Law).

verbal lease for a year to commence in futuro; hold-

ing over....
SERVICE:

want of consideration ; promise to answer for debt

of another ...
defective service upon non-resident defendants in

(see Sale of Real Estate.)
action affecting real estate; effect of; small inter-
est of defendants not served, no answer to appli-

STATUTE OF LIMITATION:
cation to relieve purchaser....:

...... 14 acknowledgment of debt; implied promise to pay
of summons on foreign corporation; cause of action

case of People v. Lord ; as to indictments.........
arising in this State: constitutional law; statutes

revival of debt.....
regulating service of process.

trustee and cestui que trust..
SET-OFF, common to all systems of jurisprudence: STATUTORY CONSTRUCTION:
wholly within legislative control; judgment; statute
passed after judgment obtained for bank allowing

repeal of special statute
notes to be set off against it ........................... 455

repeal of statutes .......
SEWING MACHINE. CONTRACT (see Con-

STATUTORY REMEDIES......
tracts).

ST. LOUIS lawyers and tho strikes. ..................
SHAKER SEED CASE.

....... ....... 343

STOCK, right to recover balance due on subscription
SHIPS AND SHIPPING:

of

exchange boards, seats in.. ....
bill of lading; liability of ship owner; “not ac-

........... 403
countable for risk, leakage or breakage;" con STOPPAGE IN TRANSIT:
struction of charter party; liability of ship owner

right ol........................... ......... 151,
to charterers for negligence of master and crew,
carriage of inerchandise; warranty of seaworthi. STRIKES:
ness ; ship seaworthy while lying in port of load-

aiding ..........

340
ing, but becoming unseaworthy at time of sailing

by railroad employees....

110
on voyage with cargo on board ...

legislation to prevent......

158
charter-party; delivery short of destination; freight

committing persons for Interfering with train
pro rata itineris .....
delivery to charterer; when general owner not lia- *

liability of corporations for

miners ...............
ble .... .......................... ........ ........... 103

profltable to lawyers....
duty of boat towed to exhibit lights ; negligence ;

St. Louis lawyers and the strikes.....
relations between master aud servant ; respondeat

(see Poprilar Gatherings ; Railroads.)
superior; rights of owner of cargo in case of col-

lision: steam tug and canal boat towed by it..... SUBPENA, obeying of, by governors ....
duty of owner in fitting up ship; sea-worthiness:
master and crew ; compasses....................... 302

SUBROGATION (see Suretyship).
material men; equipment; British ship ; lien ; pur-

SUMNER, CHARLES.
chaser with notice; salvage of life: liability of

.... 380
cargo; merchant shipping act, 1854 (17 and 18 Vict., SUNDAY:

c. 104) ss. 458, 459......
tug towing vessel ; duty and liability of tug......... 167

:::....... 121

contract by railroad to be performed op; general

duty as carrier ...
(see Contract.)

damages dependent upon illegal contract not recov-
SLANDER:

erable.....
damages; evidence; malice; mental anxiety; ru-

destruction of property ........

dramatic performance on.....
mnor; words imputing crime; how understood

note made on .....
interpretation of language; quo animo; remote in-

objection of, laws regulating ....
jury ; rumor...

....... .....
of title; special damage.............................

traveling on Sunday...........
SOCIAL SCIENCE CONGRESS, discussions

SUPREME COURT of the United States, bus
ness of.......

..... 491
SOCIETY, right of, to money deposited by its debt-

SURETYSHIP:
ors ....

liability of surety on promissory note ; remedy of
.......... 378

surety ; statute of limitations .....
SOTHERN AND COUNT JOHANNES....... 250 misappropriation of money by public officer; when

principal need not be proceeded against...........
SPECIFIC PERFORMANCE:

rigbt of joint surety against co-surety ; release of co-

surety by creditor ; effect of delays by creditor
certainty in contract essential in action for enforce-

with co-surety ; surety on lease ; assignment of
ment; waiver by party seeking enforcement; what

lease with landlord's consent; when surety not re-
constitutes laches .............

leased by agreement between creditor and prin-
competency of parties to contract; Doyle v. Harris.

cipal....
vendee in possession under parol contract for sale

rights of surety paying debt to subrogatlon; trust:
of real estate......

keeping security for debt alive..
(see Contract.)

surety on official bond of tax collector; defalcation
STALE CLAIMS, when equitable actions main-

made up by extra tax .........
tainable on.............................................

waiver of defense o.fraud by surety ....
15

what will discharge **ety......
STAR CHAMBER, court of ......... ........... 2501

(see Attorney; Bankruptcy.)

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