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PUBLIC POLICY-Continued.

Contract to reward firemau for doing official duty. C.
T., 381.

See Contract.

PUBLIC USE.

"Dedication." Charles Burke Elliott, 422.
QUO WARRANTO.

Judgment in proceedings to declare a forfeiture of
franchise because of a misuser, dig. S. C. III., 19.
RAILROADS.

"A distinction the law should recognize." New York
Daily Register, 280.

Construction of an exemption from taxation, dig. U.
S. S. C., 176.

Duty of train men to observe signals at flag stations.
Morse v. Duncan, in full, U. S. C. C., S. D. Miss., 488.
Unliquidated demands sounding in tort against com-
pany subsequently consolidated. Whipple v. Union
Pacific R. Co., in full, S. C. Kan., 329.

See Common Carrier; Damages; Negligence.
RAILROAD MORTGAGE.

Creation of obligations by receiver appointed in fore-
closure proceedings, dig. U. S. S. C., 497.

Right of trustees as well as bondholders to foreclose,
dig. U. S. S. C., 159.

Right to appeal from decision on decision of supply
claim in foreclosure proceedings, dig. U. S. S. C., 479.
Statutory right of redemption not applicable to, dig.
U. S. S. C., 215.

RAPE.

Homicide in self defense by victim of intended rape,
dig. S. C. Cal., 255.

REAL ESTATE.

"Liability of examiners of titles to real estate." W.
B. Martindale, 482.

"Right of pew-holders." By James A. Seddon, 101.
REAL PROPERTY.

Right to remove building erected on land of another,
dig. S. C. Mo., 459.

Riparian rights, dig. S. C. Ohio, 459.
See Equity; Execution.

RECEIVER.

Control of receiver's contracts by the chancellor, dig.
N. J. Ch. Ct., 257.

RECORD.

A vendor who fails to record his mortgage for pur-
chase money is guilty of laches, dig. U. S. S. C., 59.
Failure of recorder to index a mortgage will not post-
pone its lien, dig. S. C. Pa., 137.

"Record of deeds, when notice and of what." T. W.
Pierce, 122.

RELIEF OF THE SUPREME COURT.

See Judicial Reform.

REMOVAL OF CAUSES.

After decree in State court, dig. U. S. S. C., 198.
Citizenship and failure to file transcript to affect juris-
diction. National Steamship Co. v. Tugman, in full,
U. S. S. C., 448.

Citizenship of nominal parties, dig. U. S. C. C., N. D.
Tex., 80.

Contingent liability of some of the parties, dig. U. S.
S. C., 240.

Effect of citizenship of formal parties, dig. U. S. S. C.,
459.

Suits against revenue officers, dig. U. S. S. C., 216.
Time of application for, dig. U. S. C. C., N. D. Ill., 137.
REPLEVIN.

Where property which has been wrongfully replevied
is destroyed by act of God, such destruction will not
relieve the liability of the wrong-taker. De Thomas
v. Witherby, in full, S. C. Cal., 312.

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REVENUE LAWS-Continued.

Import duty on books, dig. U. S. S. C., 59.

Removal of civil suits against revenue officers, dig. U.
S. S. C., 216.

Usage in the interpretation of, dig, U. S. S. C., 199.
RIPARIAN RIGHTS.

Collection of wharfage, within limits of municipality,
dig. U. S. S. C., 176.

SALE.

Change of possession upon sale of chattels. C. T.,
461.

Combination to purchase at public sale. Smith v.
Ullman, in full, S. C. Md., 350.

Conditional sale of property in form of a lease, dig.
S. C. Vt., 277.

Construction of contract of sale where bills of lading
are sent with draft attached, dig. S. C. Minn., 358.
Delivery to carrier is delivery to consignee, dig. U. S.
C. C., D. Iowa, 56.

Delivery to carrier is delivery to vendee within the
Iowa statute of frauds, U. S. C. C., D. Iowa, 299.
Delivery of possession, dig. U. S. S. C., 214.
Made upon misrepresentation of buyer that he is the
agent of another on whose credit the chattels are
sold, will not pass title. Hamet v. Letcher, in full, S.
C. Ohio, 50.

Measure of damages for breach of contract of, dig.
Md. Ct. App., 238.

No delivery where payment of cash is a condition
precedent, dig. S. C. Ind., 479.

Representation relied on amounts to warranty, dig. S.
C. Wis., 499.

The bona fide vendor of over-issued stock does not
warrant the title, dig. S. C. Pa., 138.

Title of chattel not to pass until paid for, dig. S. C.
Mich., 376.

Where goods are delivered to carrier with bill of la-
ding and draft attached, the goods not to be deliv-
ered until the draft is paid the possession remains in
the seller, dig. U. S. C. C., W. D. Tenn., 278.
See Contract; Specific Performance; Judicial Sale.
SERVICE OF PROCESS.

Against United States on bill of review. Bush v.
United States, in full, U. S. C. C., D. Oreg., 348.
Amendment of defective return, dig. S. C. Wis., 419.
Use of force by officer, to identify defendant. C. T.,
421.

Validity of warrant as affecting liability of officer, dig.
S. C. Mich., 419.

SET-OFF.

Claim not due when proceedings were instituted can
not be pleaded as, dig. S. C. Kan., 437.

SHERIFF'S SALE.

Arrangement that sale should benefit the defendant
will not avoid sale, dig. S. C. Pa., 460.

SLANDER.

"Recent phases of defamation." A. J. Donner, 202.
SPECIFIC PERFORMANCE.

A contract to deliver a policy of insurance is capable
of specific performance. Hebert v. Mut. Life Ins.
Co., in full. U. S. C. C., D. Oregon, 93.

Damages in lieu, dig. S. C. Ohio, 338.

Of contract to convey land where the title is question-
able and unmarketable. Cornell v. Andrews, in
full, N. J. Ct. Err. and App., note by J. H. Stewart, 8.
Of contract partially performed, notwithstanding it
comes within the statute of frauds, dig. U. S. S. C.,
479.

Of a contract of sale at a price to be fixed by arbitra-
tors, dig. S. C. Mo., 118.

Of county's contract to sell land, dig. U. S. S. C., 215.
"Specific performance of parol contracts relating to
lands." Isaac N. Payne, 166.
See Equity.

STATUTE.

Legislative journal as evidence to prove. In re Van-
deberg, in full, S. C. Kan., 169.

State precedent as to legal passage of legislative act.
Amoskeag National Bank v. Ottawa, in full, U. S. S.
C., 250.

STATUTE OF FRAUDS.

Delivery of goods to the carrier is delivery to the
vendee within the Iowa statute of frauds, dig. U. S.
C. C., D. Iowa, 299.

Inducing promise to indemnify surety of another, dig.
S. C. N. H., 376.

STATUTE OF LIMITATIONS.

Where it begins to run in favor of trustee, dig, U. S. S.
C., 460.

See Corporations; Limitations.

STOCK.

"Income" of capital stock. C. T., 101.

See Corporation; Sale.

STATUTORY CONSTRUCTION.

Repeal implied in repugnant provisions, dig. S. C.
Pa., 419.

Verbal agreement for sale of lands, dig. S. C. Ohio, 338.
Verbal contract to convey lands, dig. S. C. III., 400.

erbal promise of indemnity, not within. Dermitt v.
Bickford, in full, S. C. N. H., 434.

What is assuming the liability of another, dig. S. C.
Wis., 438.

What is a contract for an interest in lands, dig. S. C.
Pa., 479.

Meaning of "able bodied" in the Missouri Vagrancy
Act. Q. & A., 19.

The term "State" in the grant of judicial power in the
Constitution does not include territory. Watson v.
Brooks, in full, U. S. C. C., D. Oregon, 308.

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Capital stock of foreign corporation, dig. S. C. Pa., 499.
Exemption of deposits in savings banks from taxa-
tion, dig. U. S. S. C., 56.

Of dogs as police measure. Q. & A., 258.

Remedy for redemption from void tax sale, dig. S. C.
Iowa, 419.

Repeal of succession tax pending continuance of life
estate, dig. U. S. S. C., 100.

Right of lien holder to pay taxes to preserve his secu-
rity, dig. S. C. Mich., 356.

Taxation of exempt charity, dig. U. S. S. C., 213.

State taxation of national bank stock, dig. U. S. S. C.,
213.

Uniformity and equality, dig. U. S. S. C., 199.

Voluntary and involuntary payment as affecting the
recovery of taxes paid, dig. S. C. Pa., 438.

See Constitutional Law.

TELEGRAPH.

Failure to deliver message in good time, dig. S. C.
Ind., 257.

"Telegrams and telegraph companies." R. F. Stevens,
Jr., 182.

Telegraphic notice to defendant of the issuance of an
injunction. C. T., 101.

TENDER.

"Tender of mortgage debt after day of payment." M.
W. Hopkins, 408.

TITLE.

Specific performance of contract to convey land
where the title is questionable or unmarketable.
Connell v. Andrews, in full, N. J. Ct. Err. & App.-
note by J. H. Stewart, 8.

See Real Estate.

TORT.

Contribution between wrong-doers, dig. S. C. Iowa,419.
Liability of estate for tort of administrator, dig. U. S.
C. C., S. D. N, Y., 56.

One is answerable in tort for the natural and reason-
able consequences of his acts. Hughes v. McDon
ough, in full, S. C. N. J., 31.

See Attachment; Damages; Negligence; Nuisance.
TRIAL.

See Jury Trial.
TRUST.

A mere trustee, whose commissions have been al-
lowed has no right to appeal, dig. S. C. Md., 278.

A trust created verbally, which has been partially per-
formed will be enforced. Robbins v. Robbins, in
full, N. Y. Ct. App., 209.

Attachment of accrued income of trust for spend-
thrift son, dig. S. C. Pa., 400.

Letter by testator to residuary legatee to establish se-
cret trust, dig. S. C. N. Y., 279.

Loan of trust funds without authority, dig. S. C. N. J.,

177.

Personal liability for loss of trust funds deposited in
bank. Williams v. Williams, in full, S. C. Wis., 74.
Personal liability of trustees upon covenant, dig. Md.
Ct. App., 100.

Request of owner to his heirs to convey land will not
create a trust, dig. S. C. III., 400.

Right to reconveyance upon failure of trust, dig. U. S.
S. C., 216.

When statute of limitations begins to run in favor of
trustee, dig. U. S. S. C., 460.

See Charitable Trusts; Stockholders.
UNITED STATES.

Allowance of claim against, by commissioner equiv -
alent to account stated, dig. Ü. S. S. C., 100.
Ejectment for property in possession of the United
States, dig. S. C. Cal., 337.

Limit of Federal power. United States v. Cahill, in
full, U. S. C. C., E. D. Mo., 92.

Service of process against, on bill of review. Bush v.
United States in full, 348.

Stamps uncalled for under contract with bank-note
company, dig. U. S. S. C., 160.

Statutory priority in claim on estate of insolvent
debtor. Bush v. United States, in full, U. S. C. C., D.
Oreg., 427.

UNITED STATES MAIL.

Indecent matter in United States mail, dig. U. S. C. C.,
D. Ky., 36.

Transportation of, on Union Pacific Railroad, dig. U.
S. S. C., 99.

See Public Lands.

UNITED STATES TREASURY.

Payment under protest of charges on seized cotton,
dig., U. s. S. C., 240.

Transcript from, as evidence, dig. U. S. S. C., 177.

USES.

See Charitable Trusts.

USURY.

Recovery of voluntary payments upon usurious notes,
dig. S. C. Ind., 358.

Release under seal of claims for. C. T., 341.
Unauthorized exaction of lending agent in the way of
a bonus for a loan will taint the loan with usury.
New England Mortgage Security Co. v. Hendrickson,
in full, S. C. Neb., 132.

USAGES AND CUSTOMS.

Construction of warehouse receipts, dig. S. C. Mich.,
118.

VENDOR'S LIEN.

Waiver by acceptance of other security, dig. S. C.
Iowa, 59.

See Husband and Wife.

WAGER.

Option contract for "futures" not void unless it ap-
pears that neither party intended actual delivery.
Murray v. Ocheltree, in full, S. C. Iowa, 434.

See Contract.

WAIVER.

Performance by a railroad company of its mail con-
tract, dig. U. S. S. C., 100.

See Exemption,

WARRANTY.

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See Sale.

WILL.

Common sense and the law of wills. C. T., 181.
Constrution of devise of life estate. Q. & A., 140.
Construction of gift for life and intestacy as to re-
mainder, dig. Eng. High Ct., Prob. Div. & Adm. Div.,

240.

Construction of gift over on contingency, dig. Eng.
H. Ct., Ch. Div., 216.

Construction of trust in personalty, Eng. H. L 216.
Creation of precatory trust, dig. Eng. P. C., 338.

Evidence of extrinsic facts in construction, dig. S. C.
Ala,, 499.

Letter to residuary legatee to establish a secret trust,
dig. S. C. N. Y. 278.

Parol evidence to show intention of testator, dig. S.
C. App. Va., 38.

"Promise to make a will-Roberts v. Hall." Canada
Law Journal,445.

Validity of will made on Sunday. Q. & A., 377.

WITNESS.

Limits of privilege as to questions tending to crimin-
ate. Ex parte Reydolds, in full, Eng. Ct. App., 13.
Limits of the rule that a party may not impeach his
own witness, dig. S. C. Kan., 57.

Privilege from arrest while attending trial, dig. U. S.
C. C., D. Mass., 138.

"Privelege of witnesses as to criminating questions."
Irish Law Times, I., 343; II., 364; III., 401.
"Witnesses criminating themselves."

Peace. 303.

See Evidence.

WORDS AND PHRASES,

"Able bodied." Q. & A., 19.

Justice of the

"Control" of a corporation means immediate execu
tive control, dig. U. S C. C., E. D. Mo., 36.

"Federal question," dig. U. S. S. C., 99.

"Household and kitchen furniture, dig. S. C. Tex., 99.
"Income" of capital stock. C. T., 161,

"Next of kin," dig. S. C. Neb., 357.
"Purchase money," dig. S. S. Vt., 59.

"Tools of trade," dig. S. C. Mich., 157; dig. S. C. Kan.,
436.

When is railway passenger's ticket "used" within its
terms. Auerbach v. New York Cent. R. Co., in full,
N, Y. Ct. App., 33.
"Words and array of force" to colstitute false im-
prisonment, dig. S. C. Wist, 256.

WRIT.

See Practice.

WRIT OF ERROR.

See Appellate Practice,

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