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TABLE OF CONTENTS

ARTICLES

PAGE
ALIENABILITY OF CHOSES IN ACTION, THE. Walter Wheeler Cook . .

816
COMPENSATION PLAN FOR RAILWAY ACCIDENT CLAIMS, A. Arthur A. Ballantine 705
CONSTITUTIONAL OPINIONS OF JUSTICE HOLMES, THE. Felix Frankfurter

683
COSMOPOLITAN CUSTOM AND INTERNATIONAL LAW. Frederick Pollock

565
DRASTIC PLEDGE AGREEMENTS. Murray Seasongood

277
EQUITABLE RELIEF AGAINST DEFAMATION AND INJURIES TO PERSONALITY. Ros-
coe Pound.

640

Ezra RIPLEY THAYER. William H. Dunbar. Roscoe Pound

1

FEDERAL EQUITY RULES, WORKING UNDER. Wallace R. Lane

55

HOURS OF LABOR AND REALISM IN CONSTITUTIONAL LAW. Felix Frankfurter 353

JUSTICE HOLMES AND THE LAW OF Torts. John H. Wigmore

601

LABOR, CAPITAL, AND BUSINESS AT COMMON Law. Edward A. Adler

241

LEGISLATIVE INDICTMENT OF THE COURTS, A. J. B. Winslow

395

LIABILITY WITHOUT FAULT. Esra Ripley Thayer

801

MINGLING OF WATERS. Samuel C. Wiel.

137

MONTESQUIEU AND SOCIOLOGICAL JURISPRUDENCE. Eugen Ehrlich

582

NEGLIGENCE. Henry T. Terry

40

NEW PROVINCE FOR LAW AND ORDER, A. Henry Bournes Higgins

13

PARENTAL RIGHT TO CONTROL THE RELIGIOUS EDUCATION OF A CHILD, THE.

Lee M. Friedman .

485

PENALTIES AND FORFEITURES. William H. Loyd

117

PERSONALITY OF ASSOCIATIONS, THE. Harold J. Laski

404

PLACE OF LOGIC IN THE LAW, THE. Morris R. Cohen

622

PROPERTY IN CHATTELS. Percy Bordwell

374, 501, 731

SPEECH OF JUSTICE, THE. Learned Hand

617

UNIFORM PARTNERSHIP ACT — A REPLY TO MR. CRANE'S CRITICISM, THE.

William Draper Lewis

158, 291

UNIFORM PARTNERSHIP ACT AND LEGAL PERSONS, THE. Judson A. Crane 838

UNITED STATES v. HvOSLEF: A CONSTITUTIONAL SOURCE OF NATIONAL REVE-

NUE IMPAIRED. Clarence Norton Goodwin .

469

WAIVER OR ELECTION. John S. Ewart . .

724

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References in heavy-faced type are to Notes; in plain type to Recent Cases; and

in italicized type to Articles.

A

ABATEMENT AND REVIVAL.

Vessel requisitioned by foreign

See also Executors and Administrators. government released on owner's

Survival of action: Death of plain-

bond.

871

tiff pending suit for arrears of ali Torts: Application of general average

mony.

to liability for tort committed

Effect of death of next of kin given in saving ship.

546

right of action for death by wrong Practice: Right to withdraw suit

ful act.

781 after defendant has petitioned for

ABUTTING OWNERS.

limitation of liability. 448

See under Eminent Domain; Muni-ADMISSIONS.

cipal Corporations; Taxation; Wa See also under Evidence; Husband and

ters and Watercourses.

Wife.

ACCOMMODATION PAPER.

By parties and privies: Statement

See under Bills and Notes.

of transferor of stock as admis-

ACQUIESCENCE FOR DETECTION.

sible against corporation in action

See under Criminal Law.

for wrongful registry of stock. 775

ACTIONS.

Wife's declarations admissible

against husband as co-conspira-

See History of Law; Title, Ownership

tor.

332

and Possession.

Particular forms of action, see Detinue;

ADVERSE POSSESSION.

Replevin; Trespass de Bonis;

See also Evidence; Tille, Ownership and

Trover and Conversion.

Possession.

Subject matter and extent of ad-

ADJOINING LANDOWNERS.

See under Restrictions and Restrictive

verse possession: Chattels: ad-

A greements as to Use of Property.

verse possessor as disseisor under

early law. 378-386.

ADMINISTRATION.

Continuity of adverse possession:

Of estates, see Descent and Distribu-

Tacking: necessity of privity.

tion; Executors and Administra-

790

tors; Legacies and Devises; Wills. Against whom title may be gained:

ADMINISTRATIVE LAW.

State.

88, 106

See also Constitutional Law; Courts. AGENCY.
Admissibility of hearsay before ad See also Master and Servant.

ministrative tribunal. 208, 226 Particular classes of agents, see Banks
Australian Court of Conciliation and

and Banking; Carriers; Municipal

Arbitration: its purpose and

Corporations.

effect.

13-39 Nature and incidents of the rela-

Increase in number of administrative

tion: Husband as wife's agent
tribunals due to dissatisfaction to care for child.

99
with courts.

395-397 Scope of agent's authority: Check

ADMIRALTY.

drawn to fictitious payee by agent

See also Constitutional Law; General with no authority to draw to

Average.

bearer.

216

Jurisdiction: Extent of admiralty Emergencies: enlargement of au-

jurisdiction of federal courts: thority: railroad's liability to
whether it can be limited by physician employed by agent to
treaty.

219 attend injured trespasser. 547

References in heavy-faced type are to Nores; in plain type to RECENT (Ases; and in italicized type
to ARTICLES.
Principal's liability for acts of ASSESSMENT.

independent contractor: Lia Constitutionality of assessment, see
bility for acts of independent con Constitutional Law.
tractor as narrowing doctrine of ASSIGNMENTS.
Rylands v. Fletcher.

808-813 Of administrator's rights, see Executors
Agent's liability to third persons : and Administrators.
Liability of agent of municipal

Of choses in action, see Choses in
corporation for misfeasance.

Action.

323, 337

Of lease, see Landlord and Tenant.

Ratification of unauthorized con-

ASSIGNMENTS FOR CREDITORS.

tracts: Principal retaining bene-

fits of agent's unauthorized act.

Validity: Assent of creditors.

449

216 ASSOCIATIONS.

ALIENATION.

See Voluntary Associations.

Restraints on, see under Trusts (Re- ATTACHMENT.

straints on alienation of cestui's See also Conflict of Laws.

interest).

Exemptions, see Exemptions; Home-

ALIENS.

stead.

See also under Constitutional Law. What property may be attached:

Exclusion of aliens: Judicial power Bailee's interest as a bar to at-

of review: construction of statute. tachment.

775

Rolling stock of non-resident carrier.

ALIMONY.

775

See under Divorce.

Effect of attachment: Appearance:
ANIMALS.

filing of forthcoming or replevy

See under Torts.

bond.

547

APPEAL AND ERROR.

ATTORNEYS.

See also under Criminal Law; New See also Champerly and maintenance;

Trial.

Constitutional Law; Trusts (Rights

Review: Verdict on instructions re and liabilities of third parties).

quested by appellant not justified Relation between attorney and

by evidence.

448

client: See also under Witnesses.

APPORTIONMENT.

Privileged communications: whether

Of income, see Life Estates; Trusts.

attorney can refuse to disclose

Of dividends, see Corporations.

client's identity.

109

ARBITRATION AND AWARD. AUTHORITY.

In industrial disputes: Australian Scope of agent's authority, see under

methods.

13-22, 34-37

Agency.

ASSAULT AND BATTERY.

AUTOMOBILES.
See also Criminal Law.

Regulation of, see Constitutional Law;

Criminal responsibility: Forcible Municipal Corporations.

prevention of wrongful levy on See also Master and Servant; Proxi-

defendant's property. 330! mate Cause.

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References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type

to ARTICLES.

$ 17 a (3).

97

payment negligently made to

$ 63 a (4).

holder.

450

Preferences: Enforcement of trans-

Indorsement by joint payees to one

fer as effecting a preference. 872

of them.

778

Previous transfer recorded within

Purchasers for value without no-
four months of bankruptcy.

tice: Effect of indorsement by a
766, 776

payee holding in trust for special
Sale of future goods: possession by

indorsee.

777
vendee within four months of

Payment and discharge: Bill pay-

bankruptcy.

229

able in German marks: whether

Property passing to trustee: Right recovery of value at time of pay-
to recover unpaid balance of ment or at time of trial.

873
stock issued at discount. 854, 877

Whether presentment at bank where
Provable claims: Claims under ex-

payment is to take place is pay-
ecutory contracts.

ment when maker has funds on
Discharge: Debts not affected: debts deposit sufficient to meet note.
omitted from schedule: knowledge

204, 217

of proceedings in bankruptcy. 97

Defenses: Accommodation maker:

Exemptions: Validity of homestead failure of holder to set-off claim

exemption acquired after adjudi against accommodated party. 231

cation.

548

Negligence of the drawer of a check

Jurisdiction of federal courts: as a defense to the drawee bank:

Whether deposit in local bank is signing in blank.

874

property within the jurisdiction. Negligence of maker: signing in

871

blank.

449

BANKS AND BANKING.

Doctrine of Price v. Neal: Certifi-

See also under Corporations; Surety-

cation of check by mistake against

ship.

drawer's orders.

548

Forged instruments, see under Bills Negligent payment under forged

and Notes.

indorsement.

450

Officers and agents: Liability of Presentment and notice of dis-

bank for fraudulent sale of

honor: Waiver: assent by in-

pledged stock by president. 339 dorser to extension of time. 450

Deposits: Deposit of penal sums: Whether liability of maker of domi-
whether bank bound to return.

ciled note is primary or secondary.

454

204, 217

National banks: Collateral attack Whether necessary to charge in-

on ultra vires act: authority to dorser shown by parol to be joint
purchase stock in building cor maker or surety.

549

poration as incidental to securing Checks: Certified checks: retraction

banking quarters.

320, 330

of certification made under mis-

Constitutionality of Federal Re-

take.

548

serve Act.

587 Effect of indorsement of payee hold-

BELLIGERENCY.

ing check in trust for special

indorsee.

See War.

777

BILLS OF LADING.

BILLS AND NOTES.

See under Constitutional Law (Powers

See also Parol Evidence Rule.

of legislature: taxation).

Negotiable Instruments Law:

BIOGRAPHY.

62.

548

See Legal Biography.

$ 63.

$ 87.

204, 217

Formal requisites: Fictitious payee:

See Conflict of Laws; Suretyship;

check to fictitious payee drawn

Taxation.

by agent with no authority to BOYCOTTS.

draw to bearer.

216 See Torts; Trade Unions; Unfair

Delivery: Effect of negotiating a Competition.

check delivered to the payee in BURDEN OF PROOF.
trust for special indorsee. 777

See also Descent and Distribution;

Indorsement: Forged indorsement: Federal Courts.

whether drawee may recover

Nature and scope of subject:

549 BONDS.

References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized tvpe
to ARTICLES.

Whether matter of procedure or doing away with need of Ry-

of substantive law. 96, 98 lands v. Fletcher doctrine.
Duty of going forward with evi-

806-807

dence in particular cases: Proof of negligence: res ipsa loquitur

Doctrine of res ipsa loquitur as

105

С

CAPTURE.

What may be assigned: Alienability

See War.

of choses in action in general.

CARRIERS.

816-837

See also Attachment; Illegal Contracts;

Rights and liabilities of assignee:
Interstate Commerce; Statutes.

assignee treated as owner at law.

828-837
Connecting lines: Liability of initial

Manner and effect of assignment:
carrier under Carmack Amend-
ment for excess charges. 217, 550

assignability a matter of positive

Discrimination and overcharge:

law.

816-818

Discrimination against ship brok-

Assignment not merely power of

attorney.

822-830

ers: exclusive storage facilities on

carrier's wharf.

883

Development of assignments at com-

Effect of single railroad main mon law.

822-837
taining a higher rate than that of Effect of failure of assignee of

written contract to take the writ-

competing roads reaching same

market.

760

ing from assignor.

879

Limitation of liability: Is a com-

Legal effect of assignment. 830-837
mon carrier subject to an excep-CITIES.

tional duty of care? 805-806 See Municipal Corporations; Taxa-

Passengers: who are passengers: tion; Waters and Watercourses.

Pullman employees

458

Loss or injury to goods: Origin of COLLATERAL ATTACK.

absolute liability for carriers.

On act of corporation, see Banks and

746-747

Banking; Corporations.

What constitutes “ loss, damage or COLLATERAL SECURITY.

injury” under Carmack Amend-

See Pledges.

ment.

217, 55° COLLISION.

CERTIFICATION.

See Admiralty (Torts).

Of checks, see under Bills and Notes.

COMBINATIONS.

CHAMPERTY AND MAINTE-

See Restraint of Trade; Torts; Un-
NANCE.

fair Competition.

Quasi-contractual recovery for

vices under contract void for COMMERCE.

champerty.

874

See Carriers; Constitutional Law;

Interstate Commerce.

CHARACTER.

Evidence of, see under Evidence.

COMMON LAW.

Regulation of labor, capital and

CHARITIES AND TRUSTS FOR

business as a field for the common

CHARITABLE USES.

law.

272-276

See Rule against Perpetuities.

Relation of labor, capital and business
CHARTER-PARTY.

to the common law. 241-243
Taxation of, see under Constitutional Labor, capital and business under the
Law; Taxation.

early common law 243-265

CHECKS.

COMPENSATION.

See under Bills and Notes.

See also under Eminent Domain; Rail-

CHOSES IN ACTION.

roads.

Situs of, see under Conflict of Laws;

Plan for providing compensation in

Taxation.

railway accident claims. 705-723

See also Title, Ownership and Posses- COMPETITION.

sion.

See Unfair Competition.

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