(PROPERTY RIGHTS; WILLS; LIENS; DEEDS.)

VII. PROPERTY Rights; WILLS; LIENS; DEED. A deed to a fictitious person is beld to con, tenants under a will providing that the latter vey no title, but a deed of trust executed in the shall have the full income, wbere testatris same name by the true owner of the property, transmitted the bonds as she held them. who used his own Christian name as that of a Y.) 230. fictitious person in both instruments, is held

Trusts. binding on him. (Tenn.) 423.

See also supra, V.
Wife's interest.

A bequest for masses to be said for the tes. The inchoate interest of a wife in her hustator is sustained as a valid private trust, al. band's real estate, of which he is only a coten though not a charity. (Iowa) 204. ant, under the Indiana statute, is held subject The execution of a power by a married to defeat by a partition. (Ind.) 384.

woman under a trust deed made by her hus.

band for herself and children, authorizing her Riparian rights. The common-law doctrine of riparian rights

to appoint a new trustee in case of vacancy, is is held applicable to the arid portions of the held to be properly made by appointing him

as trustee. (Fla.) 705. state of Washington, and the riparian owner is held to be protected against subsequent ap. as to take it out of the reach of creditors, while

An attempt to transfer property in trust so propriation. (Wash.) 107.

retaining control of the income therefrom, is Oil and gas.

beld invalid even if made by a married woman That petroleum oil and natural gas are min. or a woman in contemplation of marriage. erals within a reservation by deed is held in a |(Md.) 806. case which also decides that possession of the

Will. land for agricultural purposes is not in itself

An inoperative devise of land which testator adverse to the owner of the minerals. (Tenn.) | did not ownfis held not an omission to provide 249.

for a child within the meaning of a statute An oil lease of infaut's land is held to be a giving a share as in case of intestacy. (Cal. sale which can be made only in the manner | 689. prescribed for the sale of infant's real estate. A ruling that the formal execution of a will (W. Va.) 292.

is to be assumed, is held not to preclude ibe proThe right of a person to drill an oil well on ponents from subsequently calling subscribing bis own lands is not limited by the fact that witnesses to prove it. (Mass.) 715. it is near the line of another person, and draws oil from the latter's lands. (Ohio) 765

Innkeeper's lien.
Coal.

An innkeeper's lien is upheld on samples of Parol partition of the surface of land is held a traveling salesman which belong to his emnot, as matter of law, to extend to coal be

ployer. (Iowa) 291. neath, although in the absence of evidence it

Vendor's lien. will be presumed to do so. (Pa.) 537.

Vendor's liens are held not to be adopted as Building on leased land.

part of the common law of Washington be The removal of a corner of a building to cause inapplicable to the conditions of that make room for an elevated railroad is held state. (Wash.) 82. wrongful, and restoration required, when it is

Mortgage. done by a company wbich bas purchased a A claim for funeral expenses of a mortgagor pinety-nine years' lease of the premises, under of land is denied priority over the lien of the wbich the lessee erected the building and had mortgage under a statute which requires the the right to compensation therefor on the ex- funeral expenses to be paid before distribution. piration of the lease, or in lieu thereof a renewal (Ky.) 506. for an additional term. (C. C. App. 7th C.) The forgery of the satisfaction of a mort711.

gage by a mortgagor who was allowed to take Trade label.

it merely for inspection, and fraudulently subThe label of a cigar maker's union is held stituted a copy in place of it was held ineffect entitled to protection against use by unauthor. ual to defeat the mortgagee's rights, even as ized persons, although the union is a volun. against a bona fide purchaser of the premises tary unincorporated organization which does relying on the record of the discharge. (Cra.) not own the goods to which the label is affixed. 95. (Ky.) 211.

Warehouse receipts.
Capital and income.

Warehouse receipts issued by a corporation The decrease in value of bonds due to the on its own property, in its own possession, to wearing away of the premiums as the bonds secure its own debt, are held to be invalid, as approach maturity is held to be chargeable such, and to be within the statute respecting to the remaindermen rather than the life the record of chattel mortgages. (Ind.) 725. 39 L. R. A.

INDEX TO NOTES.

(The General Index follows this.)

Amusements; municipal regulation of, as

sentence; (IV.) as a ground for reversal
a nuisance

528 and review; (V.) provisions of state Con-
Animals; running at large as a nuisance 674 stitutions and statutes

821
Auctions; in street, as a nuisance

678 | Dams; liability of counties for injury to real
Betting; on street, as a nuisance

property from
Bills and notes; fictitious names as affect. Deeds; fictitious names as affecting validity
ing validity of

of
Bowling alleys; municipal regulation of Disorderly houses; municipal regulation
as a nuisance

of, as a nuisance

521
Bridges; liability of counties for torts and Ditches; liabilities of counties for injury to
negligence as to

real property from

69
Municipal control of, as a nuisance 681 Drunkenness. See also WILLS.
Buildings; liability of counties for torts and

Municipal regulation of, as a nuisance 524
negligence as to

33 Electricity; use of, in street, as a nuisance 621
As nuisance in street
662 | Escape; liability of county for

33
Canals; liability of counties for injury to Evidence; opinions of subscribing witnesses
real property from

59

as to sanity or insanity:-(I.) Admissibility;
Coasting; in street, as a nuisance

(II.) necessity of giving; (III.) scope; (IV.)
Constitutional law; decision against con-

contradiction; (V.) weight

715
stitutional right as a nullity subject to

Expert opinions as to sanity or insanity:-
collateral attack

(I.) Admissibility; generally; (II.) privi-
As to compulsory service by witnesses with

lege of witnesses: (a) effect on opinions
out compensation

116

generally: (b) waiver of privilege: (III.)
Contracts; fictitious names in, see NAME.

from observation or examination; (IV.)
Capacity to make, see INCOMPETENT PER-

from the evidence: (a) the general rule;
SONS.

(b) the contrary rule: (V) on hypotheti-
Effect of statute of frauds upon contracts

cal statements or questions: (a) admissi-
between sureties to tix their shares of lia-

bility; (b) hypothesis; upon what based;
bility

378 (c) evidence in support of bypothesis;
Convict labor; in street, as a nuisance 680 (d) form of question; (VI.) qualification
Counties; liabilities of counties in actions for

of experts; (VII.) basis of facts or reasons
torts and negligence:-(1.) Injuries to

for opinion; (VIII.) scope: (a) general
travelers and vehicles: (a) by bridges and

considerations; (b) symptoms and causes;
approaches being out of repair: (1) im-

(c) comparison; illustration; speculation;
plied liability; (2) where statute imposes

(d) questions of law for the court; (e)
liability; (b) from defective roads and

questions of fact for the jury; (f) the
high ways; (c) wbere the injury was

question at issue; (IX.) cross-examina-
caused by the fright of a horse; (d) by

tion; contradiction; redirect examina-
negligence of employees; (II.) injuries to

tion; (X.) weight: (a) generally; (b) as af-
other persons: (a) from condition of

fected by facte and opportunity to ob-
buildings: (1) generally; (2) on account of

serve; (c) as affected by character, bias, and
escape from prison; (b) by negligence or

nature of the question; (d) as compared
wrongful act of employee; (III.) injuries

with other expert opinions; (e) as com-
to real property from public improve-

pared with nonexpert opinions; (f) a
ments: (a) generally; (b) by construction

question for the jury
and operation of bridges; (c) by roads;

Measure of proof of insanity in criminal
(d) by ditches, canals, and dams; (e) by

cases:-(I.) Beyond a reasonable doubt;
buildings; (IV.) other wrongful and neg.

(II.) to the satisfaction of the jury; (III.)
ligent acts affecting persons or property:

a preponderance of the evidence: (a) gen-
(a) generally; (b) affecting property; (V.)

eral rules; (b) what constitutes a suffi-
infringement of patents; (VI.) damages

cient preponderance; (IV.) clearly proved,
by defaulting officer; (VII.) by misappli-

reasonable certainty, etc.; (V.) reason.
cation, conversion, or taking property;

able doubt of insanity: (a) general rules;
(VIII.) presentation of claims before

(b) wbat,constitutes reasonable doubt: (C)
county board as a condition precedent

submission of the question to the jury;
to suit; (IX.) summary
33 (VI.) summary

737
Criminal law. See also EVIDENCE.

Experts. See also WITNESSES.
Morphinism as affecting responsibility 262 Opinions as to insanity

305
Right of prisoner to appear unmanacled at Fences; as nuisance in street

662
bis trial:-(I.) In general; (II.) when justi. Fisheries; governmental control over:-In
fiable; (III.) upon his arraignment and

general; as between governments; gen-

(CRIMINAL LAW AND PRACTICE.)
is not an element of the equity, but that a min. within the rule as a railroad company. (Ala.)
ing or manufacturing company is as much | 623.

IX. CRIMINAL LAW AND PRACTICE; HOLIDAY.
Monday, July 5, is held to be a holiday , pert witnesses after giving full detail of tbe
within the meaning of a statute gainst open-facts on which the opinions are based. (Ter.)
ing saloons on holidays. (Mich.) 218.

305.
Insanity.

Proof of insanity as a defense in a criminal
Insanity caused by the voluntary use of co-

case need be only by preponderance of eri-
caine, morphine, and whisky is held to pre- dence. It need not be sufficient to “satisfy"
clude an action for assault with intent to mur. the jury of the insanity. (Ohio) 737.
der, although the statute provides that insanity

Witnesses.
from voluntary recent use of intoxicating liq The obligation of expert witnesses to testify
uor shall be no defense. (Tex.) 262.

on payment of ordinary witness fees only is
Manacles.

sustained against the contention that to compel
The right of an accused person to appear in them to give their opinions is a takiog of their
court without being mavacled is held to be a property without just compensation. (III.)
common-law right, and bis rights are also im- 116.
paired by keeping manacles on others who

Contempt.
have already been found guilty of the crime The refusal to permit a person charged with
with which he is charged, when they are kept contempt in publications respecting the evi.
in the presence of the jury. (Wash.) 821. dence on a trial, to show that they were true,
Cruelty.

and to disprove the reporter's potes offered
A dog is held to be a domestic animal within against him, is held to be a denial of due proc-
a statute as to cruelty,-especially where the ess of law. (Cal.) 691.
Constitution provides for taxing domestic ani-

Jurors.
mals which are destructive of other property. The fact that a juror did not know how to
(Ga.) 709.

read or write the English language, although
Embezzlement.

this was not known to the accused until after
A receiver is held not to be an agent within the trial, was held, overruling a prior decision,
the meaning of a statute as to embezzlement to be insufficient ground for a new trial.
(Kan.) 860.

(Iowa) 302.
Evidence.

Costs and fees.
Evidence obtained by forcibly entering a A statute making costs and fees of officers
house and searching it and the person of the and witnesses in criminal cases depend on con.
owner is held admissible to show the posses- viction is sustained against the contention tbat
sion of articles which tend to establish guilt, this denies the right to a fair trial which is in-
notwithstanding the unlawfulness and unrea volved in the constitutional right of trial by
sonableness of the search. (Ga.) 269.

jury. (Tenn.) 126.
Opinions as to sanity are allowed by nonex-
39 L. R. A.

Amusements; municipal regulation of, as

sentence; (IV.) as a ground for reversal
a nuisance

528

and review; (V.) provisions of state Con.
Animals; running at large as a nuisance 674

stitutions and statutes

821
Auctions; in street, as a nuisance

678 Dams; liability of counties for injury to real
Betting; on street, as a nuisance

681
property from

69
Bills and notes; fictitious names as affect Deeds; fictitious names as affecting validity
ing validity of

423
of

423
Bowling alleys; municipal regulation of, Disorderly houses; municipal regulation
as a nuisance

524
of, as a puisance

521
Bridges; liability of counties for torts and Ditches; liabilities of counties for injury to
negligence as to
33 real property from

69
Municipal control of, as a nuisance

681 Drunkenness. See also WILLS.
Buildings; liability of counties for torts and Municipal regulation of, as a nuisance 524
negligence as to

33 Electricity; use of, in street, as a nuisance 621
As nuisance in street
662 Escape; liability of county for

33
Canals; liability of counties for injury to Evidence; opinions of subscribing witnesses
real property from

59

as to sanity or insanity:-(I.) Admissibility;
Coasting; in street, as a puisance

679 (II.) necessity of giving; (III.) scope; (IV.)
Constitutional law; decision against con-

contradiction; (V.) weight

715
stitutional right as a nullity subject to

Expert opinions as to sanity or insanity:-
collateral attack

449 (I.) Admissibility; generally; (II.) privi-
As to compulsory service by witnesses with-

lege of witnesses: (a) effect on opinions
out compensation

116

generally; (b) waiver of privilege; (III.)
Contracts; fictitious names in, see NAME.