FIXTURES. Marble counter slabs and weather vanes are not, dig. Where steam engine and boilers are fixtures. Thomas FORFEITURE. See Corporation. FORGERY. Jurisdiction where the forgery is committed in one FRANCHISE. See Corporation. FRAUD. False representation by the principal on a note that Fraud and imposition in inducing the compromise of "Misrepresentations as affected by intent." I. N. Representations as to one's credit, dig, S. C. Vt., 357. A conveyance for secret trust does not clothe grantee A conveyance not void without fraudulent intent, dig. Bona fides of sale under a decree in favor of daughters Distinction between fraudulent and legitimate pref- Effect of, upon the lien of a prior judgment, dig. S. C. Evidence of good faith of the parties, dig. N. Y. Ct. Fraudulent intent os part of grantee not indispensa Fraudulent preference by insolvent mortgagor, dig. Merger of equity of redemption fraudulently convey- Priorities between creditors, dig. S. C. Ill., 399. Where the fraudulent grantee mingles the goods con- See Evidence; Execution; Mortgage. HOMICIDE. In self-defense by victim of intended rape, dig. S. C. HUSBAND AND WIFE. Abatement of action against, by death of wife, dig. S. Claim for necessaries furnished wife after separation, Effect ot subsequent cohabitation upon separation Equity jurisdiction where wife is unworthy, dig. S. C. Grounds for separate maintainance, dig. S. C. Ill., 357. Joint suit by husband and wife, dig, S. C. R. I., 358. Liability of land purchased by a married woman for Liability of wife's separate estate on covenant of hus- Payment of husband's indebtedness to wife, dig. S. C. Presumption as to title to land purchased in the name Sale of chattels from husband to wife, dig. S. C. Vt., Where conveyance is assailed, the burden of proof to Where husband conveys land to the wife, it is incum- Where a marriage is declared void on the ground of Wife's knowledge of husband's prior indebtedness at Words to create separate estate, dig. S. C. Errors INDORSER, See Negotiable Paper. INFANCY. Custody of minor children. Bullen v. Cantwell. in Disaffirmance of contract upon attaining majority, Duty of railroad company to trespassing infant, dig. Effect of emancipation upon parents' right of action Master's liability for injury to infant employee through "Parent and Child." J. M. Kerr, 425. Rescission of minor's contract by return of chattels, "The value of children." Canada Law Journal, 286. INJUNCTION. Abatement of nuisance by injunction. State v. Craw- Chancery jurisdiction to assess damages upon disso- Power of court granting an injunction to impose Sufficient certainty in the allegations in a bill for in- Telegraphic notice to the defendant of the issuance of To restrain illegal saloon as nuisance. C. T., 441. To restrain nuisance, dig. S. J. C. Mass. 357. Will not lie to restrain speculative injury. Rouns- INSANITY. "Expert testimony in insanity cases." A. G. McKean, 6. Quantum of proof to show insanity as a defense on a Quantum of proof to show insanity as a defense to INSOLVENCY. A composition induced by fraud of the debtor will not Creditors rights under an assignment for benefit of Failure of debtor to comply with terms of composi- Fraudulent preference by ir solvent debtor. C. T., 1. One member of firm has no power to execute general Remedy of creditor for fraudulent composition, dig. Right of debtor to prefer a creditor, dig. S. C. Kan.,278. See Exemption; Partnership. INSURANCE. A refusal to pay a policy is a waiver of a proof of loss, Default in payment of premium, dig. S. C. Dak,, 337. Effect of usage in taking note in payment of premium, Co-operative. Effect of member's suicide on death benefit, dig, S. C. Fire. A mortgage not "a change of title," dig. S. Jud. C. Digest of fire insurance cases. By George A. Clem- Digest of fire insurance cases. By Clement Bates, 20. Policy subject to by-laws, how far affected by changes Restriction in policy against other insurance, dig. S. Subrogation of vendees where insured premises are Substitution of an insuranee company for insured in The doctrine of proximate cause as applicable to the The owners of an elevator have an insurable interest Life.. An insurance policy on the life of another by one not Division of insurance policy among widow and chil- Forfeiture of policy for non-payment of premium, Notice by insured of change of residence, dig. S. C. Waiver of forfeiture for non-payment of premium, Waiver of stipulation in policy. Bennecke v. Connec- JUDGMENT-Continued. Priority lost by assignee of by failure to have judg- Expediting business in appellate courts. C. T., 481. The St. Louis bar association's recommendation as to Right of purchaser to demand good title, dig. U. S. C. JUDICIARY. A call for a convention of nisi prius judges. C. T., 121. Judge Bleckley's (of Georgia) lines "In the matter of Mr. Justice Clifford's style, note 100. Renomination of Judge Brewer. Note 180. The pros and cons of an elective judiciary. C. T., 221. Effect of a want of jurisdiction on a recognizance, dig. Of forgery where the instrument is forged in one State Rights of foreign receiver as affected by comity of Service of process on foreign corporation, dig. U. S. C. See Federal Courts. JURY TRIAL. Competency of juror in criminal trial as shown on his Delicate form of bribery, note, 80. Effect of illegal evidence though withdrawn from the Exclusion of a class as ground for challenge to array, Incompetency of juror because of inability to under- Improper remarks of counsel in argument, dig. S. C. Juror incompetent because of inability to speak Eng- Peter Bennett's argument to the jury. Leg. Ext.,216. "Proof by inspection." By A. G. McKean, 225. What amounts to bias as affecting competency of jur- What amounts to bias to justify the challenge of a Withdrawing case from jury. Phoenix Mut. Life Ins. See Practice. JUSTICE OF THE PEACE. Liability for false imprisonment. Q. & A., 59. "The labor laws." Law Times, 279. "Farming on shares." Henry Wade Rogers, 465. Renewal implied from tenants holding over, dig. S. C. The maxim, "Ignorantia legis neminem excusat," dig. S. What amounts to eviction, dig. S. Jud. Ct. Mass., 337. See Adjoining Land Owner. LAW REFORM. Admission of women to the bar in Connecticut. C. Action of libel can be maintained against a corpora- Charging attorney with unprofessional conduct, dig. Previous or subsequent publications by the defendant "Recent phases of defamation.," A. J. Donner, 202. Contract for repayment of liquor license fee unlawful- Slaughter of dogs under dog tax law. Q. & A., 258. LIEN. Factor's lien upon money collected for commissions, "Foreclosure of pledges." T. R. Mechem, 382. A request for delay insufficient to constitute a new Effect of the assignment of open accounts,dig. S. C. Equitable relief in favor of a creditor, dig. S. C. Iowa, Question must be raised in court below, dig. U. S. S. Sufficiency of acknowledgment to prevent the statute See Adverse Possession; Bankruptcy. LIQUOR LAWS. The liquor law of Russia, note 120. See Constitutional Law. LIQUOR TRAFFIC. Abatement of illegal saloon as a nuisance by injune- Injunction to restrain illegal saloon as nuisance. C. See Criminal Law. LOST INSTRUMENT. See Alteration of Instrument. MALPRACTICE. Error to reject evidence that the limb was in as good Measure of damages for, dig. S. C. Ind., 436. Action can not be maintained where there was prob MEASURE OF DAMAGES. See Damages. MANDAMUS. Railroad's refusal to transport freight, dig. S. C. N. Y., To compel a court to remand a cause, dig. U. S. S. C., To compel secretary of State to issue certificate of in- To compel the issue of corporate stock, dig. S. C. Me., MARRIAGE. Cohabitation and repute to prove marriage, dig, N. Y. Cohabitation as evidence to establish, dig. N. Y. Ct. MARRIAGE PROMISE. Evidence of, dig. S. C. Kan., 376. MARRIED WOMAN. Debts incurred for the benefit of her separate estate Note of, to bind separate estate, dig. S. C. Mo., 117. MASTER AND SERVANT. Brakeman has right to presume that cars are in good Liability to infant servant for injuries from defective Master liable for servant's negligence in leaving team Master's liability for servant's assault, dig. S. C. Iowa, Presumption in contract of hiring as to time,dig. Eng. Who are fellow servants in same common employ- Who is a fellow-servant, dig. S. C, Mich., 358. Jurisdiction in proceedings of foreclosure, dig. U. S. Partakes of the negotiable character of a note secur- "Tender of mortgage debt after day of payment." The lien of a mortgage to secure an antecedent debt MUNICIPAL BONDS. Admissible defenses in mandamus to collect judgment, Donation to public improvements, dig. U. S. S. C., 175. MUNICIPAL BONDS-Continued. Issued by de facto county, without requisite vote, in 99. Legality of issue, dig. U. S. S. C., 158. "Municipal purpose," defined, dig. U. S. S. C., 215. Power to pledge credit of municipality, dig. U. S. S. Precinct bonds under the Nebraska statute, dig. U. S. Subscription to railroad stock, dig. U. S. S. C., 215. Constitutional right to maintain wharves and charge Liability for debts upon dissolution and succession, Liability for injury to land owner by landslide caused Powers, duties and liabilities concerning the erection Right to maintain a wharf, dig. S. C. Mich., 338. Specific performance of county's contract to sell land, See Riparian Rights. State taxation of national bank stock, dig. U. S. S. C., NEGLIGENCE. A brakeman has a right to presume that cars are in A fireman on a railway engine and a switchman are 137. A foreman, superior or vice-principal whose orders a A railroad company is not liable for the death of a Aside from statutory regulation no rate of speed of a Car inspector not the fellow-servant of brakeman. Contributory negligence as affecting the measure of Contributory negligence in passenger alighting from Duty of railroad company operating its trains within Duty of railroad company to trespassing infant, dig. Duty of stable keeper to horse, dig. S. C. Mich., 158. Evidence of due care in action for over-driving hired Morse v. Failure of railroad train to stop at station. It is incumbent on a railroad company to use all prac- It is not negligence in a common carrier to allow a NEGLIGENCE-Continued. Leaving team and baggage wagon unhitched in the Liability of master for negligent injury to infant em- Liability of the owner of dangerous premises which Liability for wilful act of railroad employee, dig. S. C. No liability for leaving vacant premises in a condition Of alighting railway passenger, dig. S. Mich., 418. Presumption of negligence arising in the case of rail- Railroad company may presume that nitro glycerine Where there is no obligation to exercise due care, dig. Who are fellow-servants in same common employ- See Damages; Master and Servant. A non-negotiable bond becomes negotiable by being As affected by status of maker as lunatic, dig. S. C. Pa., Burden of proof of bona fides, where signature is by Effect of payee's knowledge that acceptance is on 497. Individual liability of a person who puts the word Indorsement after death of maker. Pickler v. Harlan, Innocent holder, where signature was obtained by "Irregular indorsers of promissory notes." Joseply Negotiability destroyed by uncertainty of amount, 137. Note non-negotiable for uncertainty, dig. S. C. Iowa, "Partnership-Firm name on accommodation paper." "Partnership-implied power to bind the firm by ne- Reimbursement of paying drawee of bill, dig. S. C. "The effect of the death of an acceptor of a bill of ex- The fact that a promissory note is secured by a collat- Uncertainty of instrument, dig. S. C. Iowa, 319. See Evidence. NEW TRIAL. Excessive damages as ground for, dig. S. C. Wis., 19. NOTICE. Mention of unrecorded deed in line of title, dig. S. C. Possession of real estate notice of whatever title he Telegraphic notice to the defendant of the issuance NUISANCE. Abatement of illegal saloon by injunction, State v. A private stable in a city not per se a nuisance. Roun- Injunction to restrain illegal liquor saloon as nuis- Injunction to restrain nuisance, dig. S. Jud. Ct. Mass. Ringing of factory bell to constitute. Davis v. Saw- Unsafe building, dig. U. S. C. C., S. D. N. Y., 58. Administration of partnership estate by administrat- Agreement to operate mining property as a company. Implication of law as to compensation for services One partner can not assign for benefit of creditors, One partner has no power to execute general assign. "Partnership-Firm name on accommodation paper." "Partnership-Implied power to bind the firm by ne- Power of partner in settling up firm business as to Seizure of firm's property for individual debt, dig. S. Where the partnership is of a firm, and a third party PATENT. As against infringer is evidence of both novelty and Combination of old elements not patentable without Defects cured by reissues, dig. U. S. C. C., D. N. J., 319. Identity of original and reissue, dig. U. S. S. C., 80. Intelligibility of specification and combination of PATENTS Continued. Laches in applying for reissue where the patent is void Novelty of meat-canning process, dig. U. S. S. C., 239. Reissue, void as too broad, dig. U. S. S. C., 176. Void for anticipation, dig. U. S. S. C., 58. PENSION. Exemption of proceeds from execution, dig. S. C. N. Can not be assigned upon extra-judicial oath, dig. S. False evidence of subsidiary facts. State v. Meader, PLEDGE. "Foreclosure of pledges." F. R. Mechem, 382. See Words and Phrases. POLICE POWER. Taxation of dogs. Q. & A., 258. See Constitutional Law. POSSESSION. Of grantor, not deemed adverse to the grantee or those POST OFFICE. Remedy for refusal of post master to deliver mail mat. Suit against postmaster for detaining letters, dig. U. PRIORITIES. Deeds of even dates, dig. Eng. High Ct. Ch. Div., 300. Denial of signature to instrument, dig. U. S. S. C., 197. Effect of demurrer to evidence, dig. S. C. Ind., 257. "Proof by inspection." A. G. McKean, 225. Writs made returnable on Sunday voidable not void, See Admiralty; Federal Supreme Court; Service of PRACTICE, CRIMINAL. Abolition of the grand jury system in Wisconsin. Q. Presence of defendant at trial, dig. S. C. Ala., 36. PROHIBITION. When writ of prohibition is demandable, dig. N. Y See Con4titutional Law. PROMISSORY NOTE. When "attorney's fees" in cludedin note are due. Q. & See Negotiable Paper. PUBLIC LANDS.; Compromise by timber agents with trespassers, dig. Construction of land grant of alternate sections, dig. Grants to companies carrying United States mail, dig. Office and effect of patent for public lands, dig, U. S. Presumptions in favor of ownership, dig. U. S. S. C. 198. Sale after entry, dig. U. S. S. C., 58. Before there can be an officer de facto there must be PUBLIC POLICY. Combination to purchase at public sale. Smith v. |