COMMON CARRIERS—(continued.)

Action for damages lies for such ejectment.
INSURANCE.

Insurable interest of common carrier.
LIMITATION OF LIABILITY.

Мов.

See BILL OF Lading.

195

44

Destruction by, of goods in the custody of a common carrier, render
the latter liable, in the absence of any contract limiting liability. 203
PASSENGERS.

Rules and regulations for carriage of passengers, must be reason-
iable.

. 191
191

Carrier must deal in a reasonable manner with.
Boarding train without first paying fare, establishes the position of
debtor and creditor.

195

Unable to find ticket, must be allowed reasonable time to search for

Entitled to reasonable time to borrow money to pay

. 197
. 197

Allowed reasonable time to look for coin lost in the car, before being
ejected.

198

Extra charge for packages too large to carry on the lap of pas-
senger

Intoxicated, expulsion of

199
199-200

Ladies' jewelry carried, by a man traveling alone, for transportion is

not

PERISHABLE Goods.

548

Butter received in summer for shipment South, must be shipped in
such manner as to prevent injury by heat. . . .

332

TENDER

Of five dollar gold piece, or legal tender note, not unreasonable.. 191
Conductor must be supplied with sufficient change.

191

Distinction between railroads and street railways, as to reasonable
tender..

Of real estate as enemy property, by proceedings in rem, under
Act of 1862, puts the fee in abeyance .
Proceedings in rem, against enemy property, are personal for pun-
ishment.

If owner pardoned, as a personal offender, fee revests in him
Proceedings in rem treated as in personam

Children of offender can recover

Proceedings and cases under the Act of Congress

CONGRESS. See INTERSTATE COMMERCE.

118

. 118

. 128

128

128-132

CONSTITUTIONAL LAW. See HABEAS CORPUS, INTERSTATE COM-

MERCE.

Theories of the time when the transformation occurs from a Territory
of the United States into a State of the Union.
. . 241

The question as to when the constitutional provisions become the
Supreme law and override previous constitutions and laws, con-
sidered

242

Duty of the Supreme Court on appeal from the action of a Circuit
Court upon a writ of habeas corpus.

CONSTITUTIONAL LAW-(continued.)

The right to limit the powers of delegates to Constitutional Conven-
tions, is the same as that to limit the power of Representatives in the
Legislature

.

239

The case of State of Montana ex rel., Thompson v. Kenney distin-
guished from the Pennsylvania Case .
DUE PROCESS OF LAW.

. 240

Trial and commitment of one already tried and acquitted, is depriv-
ing him of his liberty without.
.. 793
MARSHAL.

Any duty of a Deputy United States Marshal, which is fairly inferable
from his office, when legally performed, is an act done in pursuance
of a law of the United States, and entitles him to release from arrest
by State authorities, performance charging the act to be a crime. 658
When powers of a Deputy United States Marshal are those of a peace
officer

.. 658

United States Marshals are ministerial officers, and part of the execu-
tive department of the government, with duties beyond those specially
prescribed by acts of Congress, and arising from the Constitution
itself.
. . . 586

ORDINANCE OF A CONSTITUTIONAL CONVENTION

Convenient method of separating temporary provisions from the body
of the proposed Constitution

223

The force of such ordinance.

223

The true function of, accompanying a proposed Constitution submitted
for the approval of the voters, considered.

240

Authority of to protect the Judges of the United States Courts in the
discharge of their duty.

658

The Department of Justice is the proper one to direct the means of
protection in the use of the civil power.
SPECIAL LEGISLATION.

.658

Act prescribing a method of appointing municipal offices, whose
provisions are limited to such cities as shall accept it at a popular
election, is not special or local legislation.

STATE COURTS

268

May enjoin a citizen of the State from prosecuting suits begun in
another State for the purpose of evading the laws of his own State. 268
TAXATION

Cannot be levied by a State on the rolling stock of a foreign cor-
poration, which is used in interstate commerce.

CONTRACT.

AFFIRMANCE.

. 622

Any act of ratification after knowledge of facts sufficient to rescind
for fraud, is an

MISTAKE.

549

Palpable error in a Government contract, through the failure to strike
out a word in the printed form and insert another in its stead, will
be corrected by the Court..

PUBLIC POLICY

204

Forbids the organization of an association for the purpose of increas-
ing the price or decreasing the production of a commodity in general

use

RESTRAINT OF TRADE.

..719

Agreement to sell an article to no one in the State except the other
party to the contract, and to constitute him the exclusive agent for
its sale, is not void

332

Nor is an agreement not to teach the French or German language

CONTRACT-(continued.)

within a designated State for a specified time unless it plainly appears
that the restriction is greater than the necessity.
THIRD PARTIES.

406

The consideration of a contract between two parties for the benefit of
a third party is the consideration for the promise of the third
party
592

Privity in contracts for the benefit of a third person is the same as
that between the promisor and the promisee
May bring action thereon in his own name.

. 592

. 592

The question as to the right of a third party to sue in his own name
upon a contract made for his benefit discussed, and the cases in the
different States thereon considered and collected .

COPYRIGHT.

INFRINGEMENT.

... 596-621

Where two pictures are dissimilar, the variations being more than
colorable, there is no
- 793

CORPORATIONS. See MUNICIPAL, NATURAL GAS CORPORATIONS.
CONVEYANCE TO FOREIGN CORPORATION

Is not rendered void by its failure to comply with the statutory condi-
tions entitling it to do business in the State
FORFEITURE

.. 134

Of corporate rights can be taken advantage of only by the sovereign
power which granted the franchise . .
INTERNAL IMPROVEMENT.

. . 204

Corporations constructed to lay out, and construct or cause to be laid
out and constructed and maintained a line of piping for transporting
petroleum, or other oils, are engaged in internal improvements. 102
LIABILITY FOR STOCK TRANSFER.

A corporation cannot be held liable for the fraudulent misappropria-
tion of stock by one who secures a transfer to himself by a properly
executed power of attorney

MANAGERS OF SAVINGS BANK

.. 70

Must exercise such oversight of the actions of officers and committees
appointed by them as a reasonably prudent man would exercise in
his own business. .

MINORITY STOCKHOLDers.

.. 204

Rights of, cannot be sacrificed by the majority after the expiration of
the charter, through a sale of the corporation property made without
their consent.

MISAPPROPRIATION OF FUNDS

204

Of a corporation, when constituted

69

POWER OF CONFERRING DEGREES.

Degree of Doctor of Medicine cannot be conferred by a corporation
chartered for "literary and scientific" purposes

. 406

STOCKHOLDERS' LIST

Cannot be copied by a stockholder for the purpose of securing aid in
bringing a suit against the corporation. .

. 406

UNPAID STOCK INSTALMENTS

Do not, in the absence of a special contract, give the corporation a
lien upon the stock for the amount unpaid.

· 332

COSTS.

TAXATION.

The costs of printing the bill and pleadings in a suit in the Circuit
Court of the U. S. cannot be taxed.

.. 793

COURT. See LEGAL HOLIDAYS.

CRIMINAL LAW. SEE Forgery.

CONFESSION

Made before the coroner by a person under arrest for murder, who

CRIMINAL LAW-(continued.)

had been instructed as to his rights, is voluntary and may be given in
evidence against him

JURY.

622

Discharge of the, by the judge on account of his own ill health, on
an adjourned hearing, without the prisoner's consent, is equal to an ac-
quittal of the prisoner

LARCENY

By broker, what constitutes. . .

PARDON

.793

· 332

Upon conditions which are afterwards broken, will authorize the con-
vict's recommitment to the penitentiary, even though his original
term has expired

204

CUSTOM DUTIES.

AD VALOREM.

Gun blocks planed on two sides are subject to

549

Rough hewn or sawed gun blocks only fall within classification of
"manufactures of wood not specially provided for."

. . . 549

DAMAGES.

EXPECTED PROFITS

Are not a proper element of damages in an action for false representa-
tions.

LIQUIDATED DAMAGES

. 70

Will be changed into a penalty by the waiver of complete, and the ac-
ceptance of part performance, of an entire contract.
MEASURE OF DAMAGES

. 70

To be recovered under an oil lease, with covenant, "to continue, with
due diligence and without delay, to prosecute the business to success
or abandonment; and if successful, to prosecute the same without
interruption, for the common benefit of the parties."

III

Under action for account, where oil has been taken by lessee under
a lease for boring for salt wells and manufacturing salt, is the value of
the oil at the instant it separated from the land.

. 112

Under a lease of oil lands, reserving no rent or term, whereby the
lessee is to sink a well of a certain depth in a given time with right of
entry by the lessor in case of breach, the latter can only recover
nominal damages, not what it would cost to sink the well .
Measure of damages on a contract to dig an oil or gas well.
DAYS OF PUBLIC REST. See LEGAL HOLIDAYS.

By check is conditional only and defeasible on the dishonor of the
check

204

Acceptance of the note of a third party for a pre-existing debt, and
the surrender of the original notes which represented the debt, will
discharge the original debtor

DECEIT.

FALSE REPRESENTATIONS

. 268

As to stock of corporation which is given in exchange for other stock,
will sustain an action of deceit, although diligent inquiry has not
been made as to the truth or falsity of such representations..

. 719

DEEDS.

DELIVERY

After death of grantor conveys no title.

. 720

INSANITY OF GRANTOR

Does not affect the title to real estate of a purchaser for value who
buys from the grantee of the lunatic without notice.
SURVIVORSHIP.

204

Conveyance to a man and his wife. and the survivor, gives each an

DEEDS-(continued.)

estate for life, with remainder in fee to the survivor, in Illinois. . 622
UNDUE INFLUENCE

Sufficient to warrant the setting aside of a conveyance is shown,
where a father, under threats from his daughter and her husband,
procures from his natural daughter a re-conveyance of property he
has previously conveyed to her as a provision, such daughter acting
without advice

622

The fact of a favorite son, who has remained at home and managed
his father's farm for years, obtaining a conveyance from the father,
under threats of leaving home, the latter being sound in mind, and
acting with freedom of will, does not constitute
.720
WARRANTY.

Habendum, "as a good and indefeasible estate in fee-simple," does
not constitute a covenant of warranty

Nor does the word "grant," when used alone, constitute a
DENTISTS

· 720

. 720

May be required by statute to obtain from a State board of examiners
a certificate as a pre-requisite to continuing practice.

DEPOT COMPANY.

. . . 134

Liable for torts committed upon railroad passengers by an employee
of vicious temper.

22

Duty of the proprietor, owner or controller of a place open to the
public discussed, and the principles relating thereto examined. 24–31
Difference between liability of the owner of a vicious dog, and the doc-
trine as applied to human beings, lies in the fact that at common law
scienter must be alleged and proved in action for damages by vicious
dog
26
DIVORCE.

CRUEL TREATMENT

By a husband is not excused by the fact that it is the result of habitual
intoxication

· 332

DRUNKENNESS

Does not include, so as to constitute a cause for divorce, the excessive
use of morphine by hypodermic injections .

332

DRUMMERS' TAX. See INTERSTATE Commerce.

EASEMENTS.

Defined as a right without profit, in the land of another.
A profit a prendre, is a right to take or sever something valuable from
the land of another.

73

73

Distinguished from profits a prendre, on the ground that they are
merely rights to use without profit.

73

73

Requisites to, are a dominant and servient tenement
Benefit must be private, irrevocable, and unattended with direct
tangible profit

73

Burden must be imposed upon corporeal property, not the owner, and
be either positively, or consequentially, injurious to its enjoyment. 73
Incident to, are the right of the owner of the servient tenement to
use the locus in quo, in every respect not interfering with the ease-
ment, and the duty of the owner of the dominant tenement to repair
and amend.
73, 74
Acquired by grant, prescription, and by implication of law. 74
The distinction between legal and equitable, created by covenant or
reservation, not always observed.

74

To create an easement at law, sufficient if the intention to grant be
manifest.

CREATION OF EQUITABLE.

By covenant or reservation
By parol agreement.