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337

PAGE.
Uniform currency and coinage..

263
United States judiciary, commendation of by Westmin-
ster Review'..

27
statute revision

41
Unrecorded deed, title derived from grantor in..

89
Usury, Johnson's opinion of law against..

84

Vacancy in fourth judicial district, appointment of
Judge Jackson to fill..

276
Vagrants and juvenile offenders..

181
Von Vangerow, the late Professor, sketch of life of. 50
Virginia : whipping-post re-established in

190
Voluntary settlement.

114

PAGE
Taxes on commercial travelers, by State laws.

359
Telegraph, transmission of bills of lading, etc..

182
Telegraph lines, governmental control of
Temperance legislation.

165
Terms of office, legislative extension declared uncon-
stitutional by the court of appeals.....

124
Territorial officers not entitled to exemption from. 52
Text-books, legal, the use and abuse of

2:29
The railway problem..

3:29
Tichborne trial, agreement of counsel in relation to. 68
fees of counsel in.

86
adjournnient of

20
Ticket-of-leave criminals in England, number of female, 84
Time for filing decision and judgment on trial of ques-

tion of fact; construction of $ 267, Code of Procedure, 20
Towns, bonding, in aid of railways.

152
Trades' unions, a short lesson for.

38
Trades' unions and English legislation

156
Transfer of causes to United States courts.

151
Transmission of bills of lading, etc., by telegraph

182
Treaty of Washington, arbitration tribunal under. 100
Trial by jury in civil actions..

197
Trial of Algernon Sidney

153, 166
Trial of the Communists

99
Trial of Mrs. Wharton

318
Tribunal of commerce, proposed establishment of, in
New York

313
[weed suits, jurisdiction in the.

291
[weed, Wm. M., prosecution of.

234

Washington officials as specimens of autocracy

+
Wharton trial, the..

318
Wife's estate, distribution of.

147
Wife's personal estate, distribution of..

115, 131, 179
Wills, construction of..

326
extrinsic evidence.

315
Witnesses, imprisonment of.

186
Wives, legal right of husbands to whip.

43
Woman suffrage..

281
Women's rights in Wyoming territory.

107
Women's suffrage, judicial dictum in favor of.

68
Wooden buildings in cities, danger of..

186
Wyoming territory:
Chief Justice Howe and women's rights....

107

INDEX TO ABSTRACTS AND DIGESTS.

46

Abortion :
PAGE. Appraisal of railroad damages:

PAGE.
evidence, competent to prove (Mass.).

219

value of land taken; testimony of witnesses not
Abstracts of title:

controlling; commissioners must exercise their
when to be retained by mortgagee (G. T.)....
74 own judgment (G. T.)....

315
Accessory:

Arbitration; costs in, how taxed (Conn.)..

107
doctrine of agency as to accessories before fact (Nev.) 253 Arbitration and award :
Account stated :

judgment under, how revived (Ct. App.)..

112
appeal; conforming pleadings to testimony (N. Y. Arrest :
C. P.).

discharge from imprisonment, when it operates to
re-opening of; fraud or mistake must be shown (N.

satisfy the judgment (G. T.)

183
Y. C. P.)...

44 for violation of city ordinance, when to be made,
Action :

(G. T.)....

124
conversion; bill of sale intended as a mortgage (Mass.) 219 Assessments:
reinoval of goods without owner's consent (Mass.).. 219 added to roll after advertisement of inspection
for trespass in stopping machinery; remoteness of

(Ct. App.)

171
damage (N. J.).
302 of rents, re-assessment of (Ct. App.).

171
for injury to employee on railroad; duty to give Assessment and assessors :
notice of danger (N. J.)..

302 action to recover back erroneous assessment (Sup.
negligence of employer (N. J.).

302
Ct.).

47
to stay proceedings in another suit (Sup. Ct.).

liability of assessors for erroneous assessment (Sup.
Action on the case :

Ct.)

47
bridges, etc., liability of townships to keep in repair,

payment of tax, whether voluntary or compulsory
(Mich.)

267
(Sup. Ct.)..

47
infection, injuries to property communicated by, Assessment roll:
(Mich.)...

267 resident and non-resident property (Mich.) ..... 267
Adjoining owners :

Assignments:
partition fences (Sup. Ct.)...

235 re-assignment, recitals do not bind defendant; sup-
Admiralty law:

plemental complaint (G. T. N. Y. C. P.)..

299
bottomry bond; communication with owner; bill of Attachment:
exchange; collateral security; procedure in colo-

special property of officer in property attached (Nev.) 253
nial court (Eng.).

203 rights of attachment creditor as to property attached
charter party; dead freight; deficiency of cargo;

(Nev.),

253
lien; indorsees of bills of lading, also charterers ; Attorney:
quantity specified in bill of lading (Eng.)...
284 authority of (Ct. App.)..

12
collision; consequential damage; contributory neg-

taking judgment by confession from his client (Sup.
ligence (Eng.).

77
Ct.)

159
naval service; towing prize of war; property in

reasons why it should not be set aside (Sup. Ct.), 159
prize ; foreign enlistment act, 1870 (Eng.).

203 Attorney and client:
necessaries; right of ship's agent to sue; copart-

employment of attorney by one of jointly interested
ner (Eng.)

284
parties (Ct. App.).....

112
war; non-delivery of cargo; reasonable delay (Eng.) 176 release under seal for part payment (Ct. App.).. 94
outbreak of; damage to cargo; reasonable delay;

satisfaction of judgment by attorney; satisfaction
law governing contract (Eng)..

176 for less sum than due, how far valid (Ct. App.) .... 94
Administration ; wife's misconduct (Australasia)

206 Attorney and counsel:
Agency:

counsel retained by attorneys by authority of client
insurance by parol (G. T.)....

315
(Mass.)

219
principal and agent; written contract signed by

lien for services (Mass.)

219
agent; agent debited by seller; liability of dis-

retainer, entitled to without special contract (Mass.) 219
closed principal (Eng.)

203 value of services; suit settled without trial (Mass.), 219
recruiting, claims for against supervisors; liability Attorneys at law:
of public agent (Ct. App.)....
157 unauthorized appearance (G. T. N. Y. C. P.)

367
Agent:

judgment in case of will not be disturbed,

except
parol authority to make executory contract (N. J.).. 302

in case of irresponsibility of attorney (G.T. N.
expulsion of passenger from ferry boat (N. J.).

302
Y.C. P.)

367
Agreement:
implied by acceptance of grant (Conn.).

107 Bailment:
settlement of estate (Ct. App.)
12 bailee, larceny (Australia)

206
to extend time of payment of note discharges in-

bailor and bailee, rights of; sale of pledge without
dorser (N. J.)..

303
notice (Ct. App.)

63
Allowance to counsel:

estoppels, how created (G. T. N. Y. C. P.)

299
for petitioning creditors; amount (Bank’y)..
17 lien of bailee; his duties (G.T. N. Y. C. P.).

299
Alteration of instruments:

Bank:
must be material to vitiate (Sup. Ct.)..

46 disallowance of claim by receiver of, no bar to action
Answer:

(Conn.)

108
in action for dower (Sup. Ct.)..
47 franchise of, when not forfeited (Conn.)

107
separate defenses (Sup. Ct.).

liability of, for frauds of cashier (Conn.)

108
when detective (Sup. Ct.).

47 Banks:
Appeal :

acceptance of checks without funds of drawer (Sup.
alimony, appeal from order fixing (G. T.).

364

Ct.)..
amount of (G. T.)....

364 acts and representations of officers, when banks
case on; failure to serve may be remedied by order,

estopped by (Sup. Ct.).....

47
(G.T.)

175 Banks and banking:
jurisdiction (G. T.).
175 bill of exchange (Australia)

206
jurisdiction of supreme court (Ct. App.).
12 dishonor of bill (Australia).

206
motion to dismiss (Bank'y.)..

18 lien of national bank on its own stock, agreements
notice of (G. T. N. Y. C. P.)

299
as to, void (Ct. App.)..

94

Banks and banking - Continued.

PAGE
receipt of check on deposit; what sufficient demand
(Ct. App.)

94
Bankrupt:

adjudication; exemption of property from subse-
quent attachment (Mass.)...

219
certificate of bankruptcy, when not a defense to
action on judgment (Mass.)

61
preference by, mortgages constituting (Mass.)... 61
Bankruptcy:

bankrupt pleading, discharge presumed to insist on
discharge (Nev.)..

253
impeaching discharge in State court (Am. Rep.). 128
money of bankrupt held by sherifl under process of
State court (G. 'î.).....

364
Bankrupt act:

levy of execution not vacated by proceedings under
(Conn.)....

108
assignee, powers of (Conn.)

108
Bankrupt and bankruptcy:
relief by summary application; opportunity to show
cause against discharge (N. J.)..

303
Bankruptcy law :
duty of insolvent when sued (U. S. C. C.).

49
exeinption defeated by fraud (U. S. C. C.).

49
involuntary bankruptcy ; removing property (U. S.
C. C.)....

49
what property exempt under (U. S. C. C.)

49
Bills, notes, etc. :
accommodation paper (N. Y. C. P.)

58
bona fide holding for value (G. T.)
bona fide holder, who is; practice (Ct. App.).

63
consideration; oral agreement (Wis.)..

15
discovery of usury (N. Y. C. P.)..

58
draft on bank as to subsequent deposits (Ct. App.).. 11:23
forged check; liabilities of drawees paying the same
(Ct. App.)..

157
handwriting, presumption of knowledge of (Ct.
App.)

157
subscription notes to insurance companies (G. T.)... 364
Bill of exchange :
acceptor, renewal, condition (Australasia).

206
bank; negligence in presentation (Australasia). 206
cancellation of acceptance (Australasia).

207
material alteration; husband and wife (Australasia), 206
notice of dishonor sent by mail (Australasia).

206
presentment for acceptance, when not necessary
(Am. Rep.)

174
presentment, proof of by notary (Mass.).

61
principal and surety; accommodation bills; giving
time; discharge of surety (Eng.)....

77
undertaking by drawer to provide acceptor with

funds to meet special contract; equity of acceptor
(Eng.).

176
Bills of exchange and promissory notes:
alteration (Mich.)

267
evidence of transfer; insanity of payee (Mich.).. 267
payment by party interested (Mich.)....

267
Bill of lading:
carriage of goods ; liability for amount of damage
(Australasia)

207
responsibility of carriers to comply with stipulations
in (G. T.).

364
Bills, notes and checks:

forged indorsement, money obtained on to be re-
funded (G. T.).

11
Bond of indemnity:
maker, when liable; estoppel (Ct. App.).

337
no recovery on without actual damage (Am. Rep.).. 128
Boundary :
parol agreement to settle (Mich.)..

267
settlement of and acquiescence in for a consider-
able period sufficient to establish (G.T.).

316
Breach of covenant of seisin :

renewal of lease; reservation of buildings (Ct. App.) 13
Breach of promise to marry:
exemplary damages (Ind.)...

31
Bridge:
draw in, right of State to widen (Mass.)

219
over navigable streams; right of State to build or
regulate (Am. Rep.)..

1-42
Brokers :
authority to sell, what is (N. Y. C. P.)

368
commissions of, evidence of custom as to (N. Y.
C. P.)..

44
employment of (N. Y. C. P.).
order to buy stock, rights under; ratification
(Mass.)

220
liability to broker for refusal to accept purchase
under; measure of damages (Mass.)..

220
purchase of stock previously contracted to be sold,
when not bar to recovery on (Mass.)

220
review of charge on appeal (N. Y. C. P.).

41
stock brokerage; waiver of delivery and tender
(Nev.)

253
when cannot act for both parties (N. Y. C. P.).
when may act for both parties (N. Y. C. P.).

45
Burden of proof:

in action on note claimed to have been given under
duress (Ct. App.)..

171
if evidence of title uncontroverted, nothing left for
jury (Ct. App.)..

171

Burden of proof - Continued.

PAGE.
note discounted by bank, conflicting evidence as to
duress (Ct. App.)....

171
Carriers (see Common Carricrs.)
Carriers of passengers :

degree of care; exemplary damages (Am. Rep.)..... 142
Cause of action :

action on contract, claims under indivisible (Ct.
App.)...

171
compromise on part of claim, not necessarily mer-
ger of whole demand (Ct. App.)..

171
Certiorari:
power of courts to issue (Mich.)

267
power of courts to review (Sup. Ct.).

159
Charitable devise :
academy may hold estate in trust for either male or
female departments (Ct. App.)....

171
devise to, for education of daughters of de-

ceased officers does not make them beneficiaries

further than for free tuition (Ct. App.)... 171
apparent discrepancy between statutes, not to be
construed to enlarge capacity of corporation to
take (Ct. App.).....

171
testator cannot give to two corporations an aggre-

gate more than legal for single object (Ct. App.).. 171
widow's dower, and debts, to be first deducted (Ct.
App.)...

171
Charitable cases:

exemption from taxation of gifts for (Conn.).... 108
Chattel mortgage:

neglect to file; rights of judgment creditor, how
waived (Ct. App.)...

03
who may avoid for usury (Sup. Ct.).

47
Check:

post-dated; payment before date; negligence of
bankers (Australasia)....

207
Cloud on title:

defect on face, making proof of title necessary does
not constitute legal cloud (Ct. App.)...

171
Common carriers :

Checking baggage, duty of carriers as to baggage (Ct.
App.)...

139
common-law liability of, not limited by a notice, but
is by express contract (Ct. App.)..

171
connecting lines liability of (Wis.).

15
connecting lines of railway; negligence (Ct. App.).. 139
delivery to connecting lines (Ct. App.)

13
delivery to, what is (G. T.)..

75
drover's pass; stipulations against liability for negli-

gence, when no defense to action for injury (Am.
Rep.)..

..174, 175
duty to carry all freight without preference (Am.
Rep.)..

129
express companies, liability of (Am. liep.).

129
express receipts, construction of (N. Y. C. P.). 368
ferry boats held to be, negligence (G. T.)...

28
injury of goods by freezing, evidence tending to es-
tablish; duty of carrier in regard to goods liablo
to (Mass.)...

61
liability for baggage received for transportation (Am.
Rep.)..

1.29
liability beyond line (Am. Rep.).

175
liability of, beyond their line; associated companies
(Am. Rep.).....

142
misrepresentation as to vehicles of transportation
(('t. App.).

13
neglect in forwarding goods, liability for (Am. Rep.), 142
non-delivery of, to connecting line, liability for (Am.
Rep.)......

129
passengers riding on freight trains, liability of rail-
road companies for injury to (Me.)...

239
presuniption as to connecting lines (Ct. App.).. 113
shipper's risk, special contract for; carrier's liability
for negligence (Mass.).

61
stipulation in bill of lading, effect of; how far avail-
able to carrier (Ct. App.)...,

113
tokens given in exchange for baggage checks, memo-

randum on no limitation of liability (Ct. App.) 171
willful misconduct of servants, liability for; meas-
ure of damage (Am. Rep.).

129
Common Council:

local improvements; parliamentary law (G. T.)...... 136
Complaint:

action against trustees of school district, averment

of official relations necessary ; amendment (G.T.), 316
application for dismissal of (N. Y. C. P.)..

299
classification of frauds (Sup. Ct.)

159
joinder of causes of action (Sup. Ct.)

159
proof of facts not alleged in (Sup. Ct.)...

235
representations of vendor (Sup. Ct.)

235
Contlict of laws:

testator's domicile, law of controls construction of
will (Ct. App.)..

171
legatee's domicile, law of controls bequest (Ct. App.) 171
Consideration :

for completion of contract partially performed (G.T.) 775
nature of to be valid (N. J.)...

303
written promise to pay on contingency; legal con-
sideration must be shown (N. J.)...

303
Consignor and consignee :

general rules as to liens of consignees (N. Y. C. P.).. 59

Consignor and consignee - Continued.

PAGE.
lien of consignors on goods shipped (N. Y. C. P.)..... 58
vesting of property in goods; condition precedent;

bill of exchange and bill of lading sent together
(Eng.)...

176
Constitutional law:

act for collecting claims against vessels, constitu-
tionality of (Ct. App.)......

113
act compensating owners of sheep killed by dogs
(Am, Rep.)....

129
cattle running on highways, act concerning constitu-
tional (Ct. App.).

337
county judge; term of office (Sup. Ct.)..

47
evidence; declaration of murdered person at point
of death (Wis.).

16
general principle in relation to land acquired for
public use (N. J.)..

303
legislative power to authorize obstructions in public
streets (N. J.)...

303
limitation or probibition in respect to age of judge
(N. Y. Sup. Ct.).

48
maritime liens, what constitute; wharfage (Ct. App.) 113
new judiciary article of N. Y.; time of adoption of
(Sup. Ct.).

47
penalties, qu'isi criminal prosecutions for (Ct. App.), 139

aggregated, prosecutions for not encouraged (Ct.
App.)..

139
pilotage, constitutionality of act relating to (Ct.
App.)...

139
commissioners of pilots, election or appointment
of (Ct. App.).

139
competency of States to exercise power over (Ct.
App.)

139
power of legislature; creating town debt without
vote of people (Ct. App.)..

337
return of bills to legislature by governor (Am. Rep.) 175
right to vote, of residents on lands ceded to U.S.
(Am. Rep.)...

175
taxation, exemption from by statute not in nature of
contract (Am. Rep.).

129
town bonds issued for construction of highways (Ct.
App.).

337
trial by jury; commitment to reformatory school
(Am. Rep.)...

175
Constable :
action on official bond of for judgment for official

misconduct, not maintainable without de-
mand of payment (Mass.)

220
recovery may be had in second action, aster de-
mand (Mass.).

220
bond of given to treasurer, suit for breach of in name
of treasurer (Mass.).

220
Construction of statutes:

intention of legislature generally to govern (Mich.), 267

statutes operate prospectively ; title (Mich.)...... 267
Contracts:

accertance of treasury notes on gold coin contracts
(NES).

253
bill of lading; evidence of verbal agreement (Ct.
App.)...

63
breach of; inability to perform through illness (Eng.)
brokers' rights to commissions on sales (N. Y. C. P.) 59
compromise, good consideration for new agreement
(Am. Rep.)...

143
conditions of insurance annexed to policy (N. J.)... 303
in accident policy (N. J.)...

303
change of occupation for a more dangerous
one (N. J.)..

303
consideration; contracts in restraint of trade (N. Y.
C. P.).

300
construction of (Ct. App.).

139
abatement on account of damages occurring during
transportation by sea (G. T.)

365
covenant in deed (Ct. App.)

94
doubtful words in (Ct. App.)

139
measure of damages in contracts of service (N. Y.
C. P.)..

368
organization of stock company (Ct. App.)

158
tenants in common (Ct. App.)..

337
entirety; not to be performed within a year; statute
of frauds (Am. Rep.).

130
for purchase and sale, without stipulation as to time

of payment; when payment due, action upon (N. J.) 303
for sale of cattle, conditional, for return of, or pay-
ment for (G. T.)

316
for sale of land with good title, warranty deed not
required (Mass.)

220
for sale to delay creditors (Am. Rep.)..

142
fraud; rescission in part (Ind.).

31
illegal, fully executed, action for money remaining

in the hands of depositary sustainable (Ct. App.) 172
otherwise, where recovery would require enforce-

ment of unexecuted portions of (Ct. App.). .... 172
money received by third person, such illegality

cannot be interposed as defense to recovery of
(Ct. App.)

172
contract by parties (one a State engineer) to
withdraw bid for public work, held to be
(Ct. App.)..

172
impossibility of performance, through act of party
in default (Ct. App.)..

139
incidents to grant; concedod rule (Ct. App.).

94

Contracts - Continued.

PAGE.
jury, functions of; waiver; delay (Australasia)...... 207
labor, etc., in making repairs : sale of vehicle on com-

missioni interest to be charged on account (G.T.), 23
lex loci (Am. Rep.)..

175
liability of bank stockholders; laws of another State
(Ct. App.)

158
mental unsoundness of party to, when void for
(Am. Rep.)..

180
of sale of real estate (N. Y. C. P.)..

59
part payment of purchase-money (N. Y. C. P.).. 59
parol; statute of frauds; sale of crop to be raised;
consideration (Am. Rep.)..

142
principal and agent (N. Y. C. P.).

60
privity of; sale of shares by brokers; usage of stock
exchange; indemnity against calls (Eng.).

77
promise in writing to " obey and perform orders and

judgments of courts,” given to avoid arrest, neglect
to pay judgments thus entered, an actionable
breach of contract (Ct. App.)

172
question as to whom credit given; statute of frauds
(N. Y. C. P.)..

60
rescission of, notice of, required (N. Y. C. P.)........ 45
review of cases (N. Y. C. P.)

300
rules in equity as to, for sale of land (N. Y. C. P.).... 60
sale of corporate stock; refusal to deliver; tender
(Ct. App.).

158
sale of real estate; specific performance (Ct. App.) .- 158
surety, liability of; payment by debtor to creditor

avoided as a fraudulent preference (Eng.)... 204
to assume perils of navigation, effect of; negligence
(Ct. App.)

113
to assume risks of injuries in consideration of free
passage on railroad, validity of (N. J.)

303
vendor and purchaser; carrier; acceptance; rejec-
tion (Australasia).

207
verbal, when not merged in written; carriers (Ct.
App.)...

63
waiver of tort; affirmance of contracts (N. Y. C. P.) 299
warehouse receipt; position of assignee of (Am. Rep.) 175
what is an entire contract; restoration of wages, its

effect; discharge of servant for cause, its effect on,
(N.J.)..

303
(See Drunkenness.)

(See Foreign Laus.)
Contribution:
by guarantors (Mich.) ..

267
Conversion:

of U. S. securities; obliteration of indorsement;
negotiability (N. Y. C. P.)..

369
replevin ; discontinuance of proceedings; effect of,
(G. T.)

124
Conveyance:

past words of; ejectment; legal estate (Australasia), 207
Copartnership:

debts of purchased by friends of bankrupts; distri-
bution of assets (Bank'y)

18
Corporations :
dissolution of by forfeiture (Conn.).

109
suits by stockholders (G. T.).

365
by winding up or limitation (Conn.).

109
exemplary damages, liability to (Am. Rep.)

175
general manufacturing act, liability of stockholders
under (G. T.)..

75
judgment against; conclusiveness upon stockhold-
ers (Sup. Ct.)...

159
judgment, impeachment of (Sup. Ct.)

160
liability of stockholders (Sup. Ct.).

160
promissory note executed by secretary of (Ind.). 76
sale of property of by treasurer, validity of (Ct. App.) 172
subscription for shares in unorganized (Ct. App.).... 113
tax on mutual insurance companies (Conn.).

109
tax on premium notes and declared dividends (Conn.) 109
tax, losses to be deducted (Conn.)......

109
Costs:
in actions for trespass on lands (G. T.)

76, 125
(See Trade-mark.)
Counterclaim:
striking out reply (G. T.).

188
“work done" defectively; price

sued for and recov-
ered; cross action ; estoppel (Eng.).

284
County court:
jurisdiction; pleadings (G. T.)...

136, 137
County judge:

term of office of, effect of new judiciary article on,
(G. T.)

137
Covenant:

against incumbrance; easement of railroad a breach
of (Am. Rep.)

143
separate covenants (Mich.).

267
Creditor's bill:

action against stockholders of corporation for debts
of (G. T.)

365
Criminal law:
assault; ability and intertion (Nev.)..

254
assault with deadly weapon (Nev.).

254
attempted assault with unloaded pistol (Nev.). 254
bigamy; validity of first marriage (Wis.).

16
charge, assumption of guilt (Nev.)

254
charge in defendant's favor (Nev.).

254
commit larceny; a second count charged an attempt
to commit a larceny (Eng.)

204

Criminal law Continued.

PAGE
conspiracy; evidence; prisoners were indicted for
conspiracy to criminal pleading (Mich.)

267
evidence of good character (Nev.)

254
justifiable homicide; evidence tending to justify

principal is adınissible to justify accessory (G.T.).. 125
murder, while engaged in commission of felony;
husband and wife (Wis.).....

16
possession of stolen property, unexplained, sufficient
evidence to warrant conviction (Ct. App.).

172
if taken by burglary or robbery, sufficient evidence
to warrant conviction (Ct. App.).

172
sentence, power of court to revise (Am. Rep.). 130
statement of appeals (Mich.)...

267
Criminal statute, construction of:
adulteration of milk by seller (G. T.)

316
Currency:

payment of gold coin warrants in treasury notes
(Nev.)

254
specific contract; gold coin or its equivalent (Nev.). 254
Damages:

against passenger carriers for negligence, strictly
compensatory (Nev.)..

254
compensatory, distinct from primitive damages (Nev.) 254
evidence in cases of assault and battery; vindictive
(G. T.)..

76
evidence; parol agreement (N. Y. C. P.).

45
for disregard of instructions by stock-broker (G. T.) 28
measure of (N. Y. C. P.).

45
on failure to comply with condition in lease (Ct.
App.)....

114
prospective damages (Nev.)..

254
resulting from injunction; counsel fees (G. T.). 11
Deadly weapon:
a pistol not always a deadly weapon (Nev.).

251
proof that it was loaded necessary (Nev.)

254
Deceit:

as affecting the question of negligence (Mich.) 267
Dedication :
of highway; costs (G.T.).....

250
Deeds:

alley, use of as appurtenant; reference to map (Sup.
Ct.)

48
boundaries in; adverse possession; parol evidence
to explain (Ct. App.)..

338
construction of covenants in (Ct. App.)..

114
delivery to third person for grantee before, but to

grantee after death of grantor, vests the estate in
grantee (Mass.)

220
description of premises bounded “by north line of
alley, what passes by (Supt. Ct.)

48
reference in to grantor's deed for specifications
governs privileges conveyed (Mass.).

220
stipulation in not to carry on certain business; prac-
tice; damages (Ct, App.)...

114
Deposit:
receipt; negligence; banker; fixed deposit (Austral-
asia)

207
of check; excessive damages (Australasia)

207
Devise :

in trust, with conditions ; executor's power to sell
(Ct. App.)..

172
of land to trustees, instructed to give deed, vests
title immediately (Ct. App.).

172
of legacy to daughter and her son during their

lives," with gift over; death of daughter before
testator no cause of lapse of gift (Mass.).... 220
to wife, “she remaining my widow," with con-

ditions, and resulting trust; termination of
trust on death of wife (Mass.)..

220
Divorce:

abandonment of wife for five years cause for; con-

tribution for support of wife and children imma-
terial (Mass.)

220
alimony, after foreign (Am. Rep.).

175
jurisdiction of courts of other States (G. T.).

316
residence, proof of necessary to give jurisdiction,
how affected (Mass.)

220
special statute granting, unconstitutional (Mass.) 220
Dower:

in surplus money upon mortgage foreclosure (G. T.), 317
prior lien for purchase price (Am. Rep.)..

113
suit to set aside instrument accepting provisions in

lieu of, not a suit for recovery of dower; need not
be commenced within a year (Ct. App.)

172
Drainage of land :

discharge of surface water on lands of another (Wis.) 16
Drunkenness:
contract, when bad for (Australasia)..

207
Easement:
hidden drain, when not (Ct. App.)...

333
of light and air; implied grant (Am. Rep.)..

175
Easement and servitude:
what is not a breach of covenant or special war-
ranty; implied grant (Md.).

269
Ejectment:
by one holding title as security (G. T.).

125
from leasehold estate (Ct. App.).....

13
Election :

certificate of, prima facic evidence; mandamus (Am.
Rep.)...

230

Equitable set-off :

PAGE.
cross demands are, when justice cannot otherwise
be done (Ct. App.)...

172
deposit with insolvent banker (Ct. App.)..

172
insolvency of one of parties ground for (Ct. App.)... 172
Estoppel :
acknowledgment on life insurance policy but an ad-

missi liable to be contradicted (Ct. App.).. 173
action on pote given in renewal for another (Mass.). 61
full knowledge of facts bar to plea of (Ct. App.)..... 173
lease with a reservation (Mich.)

267
policy of life insurance payable to wife, subject to
conditions made by husband (Ct. App.).

173
Evidence:
active and dormant partners (N. Y. C. P.).....

60
action on written contract for manufacture of goods;

oral testimony as to character of goods intended
(Mass.)...

6.2
admission of plaintiff (Am. Rep.)..

143
adverse possession (Mich.).

268
as to value of services (N. Y. C. P.).

60
books of account (Sup. Ct.).....

160
continuous possession (Mich.).

258
correspondence between boot and foot-prints (Mass.) 221
cross-exaimination; alteration of written instrument
(Ind.)....

76
declaration of agent or servant (Ind.)

76
declarations of conspirators; fraudulent conveyances
(G. T.).

90
declaration of husband cannot implicate wife (Sup.
Ct.)

235
diverse statements of witness (Ct. App.)..

95
examination of witnesses ; discretion of the court
(Mich.)

268
finding of referee; presumption (Ct. App.).

127
foreign currency (Mich.).

268
fraud; scienter (Mich.)...

208
impeachment of witness (G. T.).

91
in action for conversion (G. T.).

91
memorandum of sale (Sup. Ct.).

160
message over telegraph, presumption as to (Ct. App.) 139

direct testimony as against presumption (Ct.
App.).

139, 140
of condition of clothes, admissible without their
production (Mass.).

221
of conversation between parties (Sup. Ct.).

235
of high-water caused by mill-dam (Mass.).

221
of husband and wife (Sup. Ct.)...
of kind of business of shop-keeper on trial for re-

ceiving stolen goods, admissible (Mass.)... 220
of parol contemporaneous agreement to revoke writ-
ten instrument inadmissible (Am. Rep.)..

130
of previous arrest, right of witness to explain (G.T.), 137
of terms of employment of attorney (G.T.).

188
opinions of witnesses (Ct. App.)

173
waste (Ind.).

31
plaintiff as witness; charge of the court (Mich.).. 268
presumption as to improper (Ind.).

76
presumption in favor of railroad companies in ac-

tions for injuries to employees; reputation of un-
fitness of einployee who caused the injury; burden
of proof; special directions (Mich.)..

268
presumption of deposit of drop letter in post-office
(Mass.). .

62
press copy letter admissible secondary
(Mass.).

62
privileged communications; physicians and surgeons
(Mich.)

267
proof of threats admissible in action of assault
and battery (G. T.)...

137
protest of ship captain (Ct. App.)

95
quality of proof (Mich.).

268
rebutting evidence; relevancy (Mich.).

268
reforming deeds in equity; parol evidence to estab-
lish trusts (Mich.)....

268
sale of chattels; delivery; acceptance by carrier
(Mich.)

268
sheriff's certificate of sale for taxes (Ct. App.)... 173
testimony of one of parties to contract not ground
for exception (Mass.).

62
what may be given under general denial, and under
plea of payment (G. T.).

251
Exceptions :
request to charge (Ct. App.)...

173
Execution :
death of judgment debtor (Ct. App.)

13
notice of sale under, effect of irregularity in (Ct.
App.).

13
Executors and administrators:
service of notice of rejection of claims; short stat-
ute of limitations (N. Y. C. P.)....

300
Express companies. (See Common Carriers.)

235

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