BOOK REVIEW-Coutinued. Chaney's Index Digest of Kansas Decisions, 60. Digest of Fire Insurance Decisions. By George A. Elementary Law., By Wm. C. Robinson, 338. Equity Pleading, with Precedents. By Franklin Fiske Essays on Jurisprudence and Ethics. By Frederick Indiana Practice, Pleading and Forms. By John D Jacob's Fisher's Digest. By Ephraim A. Jacob, 119. 240. Kansas Reports, Vol. 26. By A. M. F. Randolph, 119. Lawyer and Client, or the Trials and Triumphs of the Leading Cases Simplified. By John D. Lawson, 259. Manual for Assignees. By Florien Giaque, 138. Missouri Reports, Vols. 73 and 74. By Thomas K. Modern Jury Trials. By J. W. Donovan, 359. New Jersey Equity Reports, Vol. 8. By John H. Stew- New York Annual Digest. By Charles T. Boone, 119. Sheldon on Subrogation, 178. Stockbrokers and Stock Exchanges. By John R. Dos- Texas Pleading and Practice. By John Sayles and B. Thompson & Merriam on Juries, 439. BOUNDARIES. Where a certain "stake" is referred to as a monument BREACH OF MARRIAGE PROMISE. Affliction of defendant with venereal disease as Release from marriage promise as a valuable consid- See Abatement; Damages. CENTRAL LAW JOURNAL. Current mention of the "Monthly Index." C. T., 161. A champertous contract between an attorney and cli- CHARITABLE CORPORATIONS. Effect of change in corporate powers, dig. U. S. S. C. CHARITY. Taxation of exempt charity, dig. U. S. S. C., 213. Of a stock in trade may be so expressed as to include Of stock in trade with possession in mortgagor with "Rights of pew holders." By James A. Seddon, 101. Rights of colored passengers on railway holding first COMMON CARRIER. Damages for breach of contract of carriage of pas- Discrimination in freight rates, dig. U. S. C. C., N. D. Duty to passenger as to trespass of servant. Chicago, How to compute damages resulting from discrimina- 318. Liability for injury to passenger on sleeping car, dig. Liability for passenger's baggage transported over Limitations of passenger's tickets as to time. Auer- Limiting liability by contract, dig. S. C. Wis., 318. Measure of damages for delay caused by refusal of Not liable for a raised bill of lading because it al- 135. Passenger standing on platform of crowded car guilty Regulation of railroad tariff. C. T., 301. Remedy for discrimination in freight tariff, dig. U. S. Sale of freight for charges, dig. S. C. Ala., 397. Sleeping car company not liable as innkeepers for "Telegrams and Telegraph Companies." R. F. Ste- See Civil Rights. CONFISCATION. Intervention of incumbrancer where there has been a CONFLICT OF LAWS. Contract of indemnity as affected by lex loci or lex fori CONSTITUTIONAL LAW. Acts may include provisions germane to their titles, Adultery between a negro and a white person, dig. S. A liquor law providing a punishment for the keeper of A prohibítory liquor law is an exercise of the police 17. Constitutionality of an act forbidding political assess- Conversion of exempt public property into corporate 196. Impairing the obligation of a contract, dig. U. S. S. C., State regulation of inter-state commerce. C. T., 301. State taxation of national bank stock, dig. U. S. S. C., Taxation of bank shares repugnant to National bank- The constitutional guarantee that the right of trial by The obligation of an irregular contract which is sub- The proposed constitutional amendment in Missouri. CONSTITUTIONAL LAW-Continued. The San Francisco laundry ordinance is a prohibition What constitutes special legislation. State ex rel. v. What is special legislation, dig. S. C. N, J., 174. "Conduct punishable as contempt of court.” A. J. CONTRACT. A contract for an optional delivery, to be void must Action by party who has abrogated it, dig. U. S. S. C., An assignment by a person of feeble mind void on ac- Attorney's promise of indemnity to levying officer, Conditional sale of property in form of a lease, dig. S. Construction of a bill of exchange of a corporation, Construction of contract for sale and counting of bar- Construction of contract to furnish building stone Construction of contract to "pay in gold or its equiv. Damages for breach of contract of carriage of passen- Delivery of possession, dig. U. S. S. C., 214. Delivery to the carrier is delivery to the vendee with- Duty of mutual disclosure in the exchange of lands, Effect of partial insanity upon the validity of, dig. U. "Equitable consideration." W. F. Elliott, 386. Execution of bond, dig. S. C. Pa., 398. "Farming on shares." Henry Wade Rogers, 465. For the repayment of a license fee unlawfully ex- Fraud and imposition practiced in inducing a com- Grant by State of water privilege on canal how af- Illegality of contract for grain futures not affected by Interpretation of the term "cured meat," in contract, Implication arising from the acceptance of goods Liability of agent upon, where principal is disclosed, Liability of surety as consideration for a contract, Material alteration in church subscription, dig. S. C. Material alteration of note to relieve maker, dig. S. C. "Misrepresentation as affected by intent." I. N. Note given for fraudulent claim void. Ormsbee v. Novation of firm debt, dig. S. C. Pa., 214. Option contract for "futures" not void unless it ap Promise to pay debt discharged in bankruptcy, dig. S. Purchase with fraudulent intent, dig. S. C. Iowa, 318. The contract of a real estate agent who undertakes to Upon plea of duress per minas regard will be had to Vigilantibus non dormientibus jura subveniunt. C. T., 32). Waiver of stipulation in policy. Bennecke v. Con When "attorney's fees" included in note are due. Q. See Admiralty; Master and Servant; Receiver; Bond; CONVEYANCE. Acknowledgment of deed before party. Hainey v. Construction of reservation in deed of "minerals," Construction of reservation in deed, dig. S. C. Pa., 398. Deed absolute in form passes title so as to prevent Description of property in contract for conveyance of 46. Mortgage not void because of failure to accurately de- Want of necessary words of conveyance, dig. S. C. What amounts to a lease for life, dig. S. C. Ohio, 79. CORPORATION. Action for libel can be maintained against a corpora- "Control" of a corporation means immediate execu. "Income" of capital stock. C. T., 161. Legitimate corporate name within the statute, dig. S. "Lessons of the telegraph case." N. Y. Times, 419. Power of stockholder to enforce corporate right, dig. Recognition of association as a corporation is prima Deed procured by fraudulently substituting it for an Rights of stockholder upon dissolution by court of Stockholders estopped to deny, as to creditors, the CORPORATION-Continued. Stockholder's liability not affected by reduction of The fact that the abuse of a franchise is confined to a Will not be permitted to purchase its own stock to the See Stockholders; Taxation. Abolition of grand jury system. Q. & A., 59. Abolition of the grand jury system in Wisconsin. Q. An adjourned trial will not come within the rule Attempt to escape as evidence in assault to commit Concealing crime to take the case out of he statute Constitutionality of an act specially punishing adul Corroboration of the evidence of accomplice, dig. Ky. "Corroborative Evidence." Justice of the Peace, 185 Evidence of deliberation in committing perjury, dig. Evidence of res geste in murder cases, dig. S. C. Cal., Evidence that prisoner was already undergoing a life Facts not amounting to murder in first degree, dig. S. Facts to show assault with intent to kill, dig. S. C. False evidence of subsidiary facts to constitute per- "French justice." Law Times, 280. Homicide in self-defense by victim of intended rape, Illegal sale of liquor by means of concealed drawer, Indecent mail matter in U. S. mail, dig. U. S. C. C., D. Instruction as to alibi in rape case, dig. S. C. Iowa, 356. Jurisdiction where the larceny was committed outside Perjury can not be assigned upon an extra-judicial Presence of defendant at trial, dig. S. C. Ala., 36. "Profert of the person." Henry Wade Rogers, 2. Quantum of proof to show insanity as a defense, dig. Reckless and wanton conduct to imply malice, dig. S. Resisting arrest, dig. Ky. Ct. App., 356. "Salvation Army" not an unlawful assembly, dig. Eng. Self criminating evidence inadmissible, dig, S. C. Ga., Self protection no excuse for carrying concealed CRIMINAL LAW-Continued. Spectators at a prize fight, dig. Eng. High Ct., C. C. "Spectators at prize fight." Leg. Ext., 216. Treatment of condemned prisoners in France, note Twice in jeopardy, dig. S. C. Mo., 56. Unskilful treatment of deceased as defense to charge What amounts to burglary, dig. S. C. Ga., 356. DAMAGES. A claim against a railroad for killing stock assignable, Elements of damages for breach of contract of car- Exemplary damages for injury caused by defective For discriminations in railroad freights, how com- Interest not recoverab e on unliquidated demand, Liquidated damages for breach of contract, dig. S. C. Loss of time as an element of, dig. N. Y. Ct, App., 496. Measure of damages for the breach of contract to pay Measure of damages for breach of contract, dig. S. C. Measure of damages for failure of railroad train to Measure of damages for injury to domestic animal, Measure of damages by injury from fire, as affected Measure of damages for medical malpractice, dig. S. Measure of damages for wrongful exclusion from "Mental suffering as an element of damages." Wm. Mental, unconnected with bodily injury not an ele- One is answerable in tort for the natural and reasona Prospective profits are remote damages for breach of Personal abuse inducing an assault admissible to mit- Punitory damages for malicious attachment, dig. U. Speculative damages for breach of contract not ad- Suicide caused by suffering consequent upon negligent The rule as to punitive and compensatory damages ior DEATH BY WRONGFUL ACT. Effect of emancipation upon parent's right of action, Suicide caused by suffering consequent upon negligent "Dedication." Charles Burke Elliott, 422. "Dedication." Charles Burke Elliott, 422. Loss of easement of passage through alley-way by Of abutting lot owners in the streets of municipality. Reservation of easement of necessity,implied in grant, "Rights of pew holders." By James A. Seddon, 101. Property in possession of the United States, dig. S. C. ELECTION. Federal election laws construed. United States v. Ca- Mere irregularity in returns will not justify their re- EMINENT DOMAIN. The constitutional guarantee that the right of trial by Control of receiver's contracts by chancellor, dig. N. Contract of State to hold property as trustee, dig. U. "Equitable Consideration." W. F. Elliott, 386. Equitable mortgage by deposit of title deeds-the Equity jurisdiction of married woman will not be ex- Equity jurisdiction to relieve from a judgment. Cut- Failure of equitable jurisdiction, dig. U. S. S. C., 238. Injunction to restrain nuisance, dig. S. Jud. C. Mass., 357. EQUITY-Continued. Innocent holder of bond and mortgage, for value, dig. Mistake in contract in writing, dig. S. C. Iowa, 318. Rescission of contract where injury results to default- Right of employe receiving percentage of profits as Right of junior incumbrancer to redeem real estate, "Specific performance of contracts relating to lands." Unconscionable contract, dig. S. C. Mich., 376. Will not enforce executory agreement which is with- See Assignment; Corporation; Injunction; Specific EQUITY PLEADING. Allegation of fraud in a bill praying for relief must be EQUITY PRACTICE. Bill of review against United States. Bush v. United ESCROW. Burden of proof that a license under a patent is abso- "The law of escrows." Charles Burke Elliott, 162. Admissions in judicial records, dig. S. C. Wis., 319. By deed fraudulently procured by substituting it for By judgment on quantum meruit from carrying out Growing out of concealment by employee where bus Notice to bank of the fiduciary character of deposit EVIDENCE. Acts of agent as evidence against principal, dig. S. C. Admission of part owner of a vessel inadmissible Character of impeaching witness, dig. S. C. Ind., 418. Cohabitation as evidence to establish marriage, dig. Comments of prosecuting attorney upon prisoner's Contemporaneous declarations as part of the res gestæ, "Corroborative evidence." Justice of the Peace, 185. Effect of death of party upon competency of deposi Expert evidence as to the value of legal services. C. "Expert testimony in insanity cases. A. G. McKean, 6 In an action on a fraudulent note by the transferee EVIDENCE-Continued. In a prosecution for forgery possession of other forged In a prosecution for forgery it is competent to show It is admissible, in an action for damages, caused by a Legislative journal to prove an enactment. In re Van- Limits of the right of cross-examinatian of an expert Limits of the rule as to transactions with deceased Limits of the rule that a party may not impeach his 230. Limits of the rule that a party may not impeach his Limits of the statutory rule concerning transactions Lumping charge in account books, dig. S. C. Pa., 357. Of reputation to impeach witness, dig. S. C. Vt., 37. Parol evidence to supply lost record of judgment, dig. Presumption of death arising upon unaccounted for 246. "Privilege of witnesses as to criminating questions." "Privilege - Physicians Evidence in Life Insuranee "Profert of the person." Henry Wade Rogers, 2. "Proof by inspection." A. G. McKean, 225. Quantum of proof to show insanity as defense to charge Secondary evidence of note where the holder has de- Recognition of an association as a corporation is Secondary evidence to establish written contract, dig. Sexual connection illicit in its origin presumed to re- To show fraudulent intent in making conveyance, dig. To show quality of goods furnished, dig, U.S. S. C.,478. Waiver of objections to the admissions of transac- Unreliability of medical expert testimony. C. T., 61. EXECUTION.-Continued. Vacation of levy and issue of alias, where the execu- See Exemption; Federal Courts; Judgment; Pension. A debtor can not waive exemption so as to give junior An assignment for benefit of creditors is not invalid A pool table is not a "tool of the trade" of a saloon- Articles which are "instruments used in calling," dig. Burden of proof, on debtor to show that property is Colt exchanged for draft horse not exempt. Connell Hotel furniture is not included in "household and Implied waiver of upon levy of execution, dig. S. C. Increase of exempt live stock, dig. S. C. Vt., 256. When does right accrue to immigrant, dig. S. C. Neb., 37. See Pension. See Evidence. FALSE IMPRISONMENT. Liability of justice of the peace for. Q. & A., 59. FEDERAL COURTS. Appellate proceedings from territorial courts, dig. U. Follow State decisions, dig. U. S. S. C., 175. Follow State decisions, dig. U. S. C. C., D. Colorado, Follow State practice as to allowing new trials as of y Follow State precedents as to legal passage of legisla- Jurisdictional amount on appeal in action by combi- Jurisdiction of foreign corporations. Mohr v. Sundry Practice as to the review of decisions of territorial Security for costs in Federal courts. C. T., 361. When enforcing State law will follow State prece- Will follow State rulings, dig. U. S. S. C., 57. Will follow State statute in proceedings supplement- FEDERAL JURISDICTION. Appeal where the decree is for less than $5,000, dig. U. Appellate jurisdiction of Federal courts, dig. U. S. S. Citizenship to oust the jurisdiction of the Federal Free navigation as effected by bridges over public What amounts to a Federal question, dig. U. S. S. C., 157. Whether the title of the owner of lands is extinguished FEDERAL SUPREME COURT. Appeal from the Supreme Court of the District of Dismissal of appeal as not involving jurisdictional Jurisdictional amount on appeal, dig. U. S. S. C., 458. |