ST. LOUIS, FRIDAY, DECEMBER 31, 1875.
[Where the names of the cases are given, the cases
are reported in full.]
Action of Deceit, See DECEIT.
ACTIONS QUI TAM.
The Brighton Aquarium Case, 453.
ADMIRALTY.
[See also BOTTOMRY BONDS; SEAMEN'S WAGES;
MARITIME LIEN; MARITIME CONTRACT.]
Negligence in towing barge; injury to another
steamer by collision, 240.
Limiting liability of ship-owner; jurisdiction,
tice; fire at sea; collision, 241.
Negligence; poisoning of infant passenger; when
administrator may bring suit in rem, 241.
Limitation of liability in case of killing or injuring
passengers; jurisdiction; procedure, 242.
Fraudulent register; forfeiture of vessel; bona
fide purchaser, 242.
Negligent loss of tow, 242.
Negligence by pilot; running vessel against river
pier. Atlee v. N. W. U. Packet Co, 254.
Lien for supplies in home port, when existing and
when enforceable in the federal courts. The
Lotawana, 405. 410; dissenting opinion of Mr.
Justice Clifford, 426.
ADMIRALTY JURISDICTION.
[See also SUPREME COURT OF THE UNITED
STATES.[
Limiting liability of ship-owners, when a sub-
ject of exclusive admiralty cogniz ince, 241,
Jurisdiction of claim for cooperage rendered partly
on vessel and partly on wharf, 242.
General maritime law; how far operative in this
country; differs in different countries; limits of
maritime law and jurisdiction a judicial question;
changes in law can only be made by Congress;
authority of Congress to establish liens under
power to regulate commerce; when state legis-
lation is competent to do so; state liens valid,
but enforceable only in federal courts. The
Lotawana, 410; dissenting opinion of Mr. Justice
Clifford, 426.
ADVANCEMENT.
[See also DEBTOR and CREDITOR.]
Transfer of Stock into joint names of transferor,
daughter and son-in-law, 709.
[See also LIMITATIONS.]
By trustee after repudiation of trust, 225.
Nature of, required under twenty-year statute of
Illinois, 227.
Possession under the Indiana statute of twenty
years. Bowen v. Preston, 251.
When acts of ownership necessary to show ad-
verse possession of chattels, 420.
What is adverse possession, 527.
AFFIDAVITS.
To be used in federal courts, when notaries may
take, 277.
When award not under seal not binding, 468.
ARKANSAS.
Contest between Baxter and Brooks, relative to
governorship of; decision by special Judge
Williams of Supreme Court of Arkansas, 118.
Views of the Financier with reference to; wheth-
er the President can set up and tear down state
governments at pleasure, 133, 145.
Validity of, written in pencil. Lord v. Dunbar- APPELLATE DECISIONS.
ten, 603.
[As to Insurance Agents, See INSURANCE]
Effect upon contract, of bribing agent, 219, 451.
Effect of war on authority of agent to receive pay-
ment, 227.
Extent of cotton broker's agency determined on
the facts of the case, 402.
When a public officer will be personally liable on
his contracts, and when not, 468.
Lease executed by agent with individual coven-
ants, not valid, 562-3.
Liability of a bank acting as agent for collection in
failing to have notice of protest served on en-
dorser, 616.
Undisclosed principal liable for contract made
with him in agent's name; otherwise disclosed
principal, 726.
Undisclosed principal, when not liable on implied
contract of agent, 726.
Agent making written contract in his own name;
parol evidence not admissible to show agency,
726.
Liability of agent for collection of time draft, for
delivering bill of lading to drawee on accep-
tance and before payment. Nat. Bank, etc., v.
Merchants' Nat. Bank, 802.
[See also NATURALIZATION.]
Effect of deed to alien under laws of Mexico in
force in Texas in 1836. Hammakın v. Clay-
ton, 188.
ALTERATION (See WRITTEN INSTRUMENTS.)
AMENDMENT.
Of declaration upon forfeited recognizance.
United States v. George, 77.
When record may be amended in equity cases af-
ter final decree, 450.
Amendments under Kansas Code, changing cause
of action, 457.
AMERICAN LAW BOOKS.
English opinions of, 181.
APPEALS AND APPELLATE PROCEDURE.
As to appellate procedure in United States Su-
preme Court, See SUPREME COURT OF THE
UNITED STATES.
Sureties' liability as to appeals; practice as to ap-
peals in U. S. Supreme Court, 482.
Oral arguments in courts of error, 550.
Appeal not cut off by injunction, when, 678.
When error, in remanding cause, to direct judg-
ment for plaintiff. Emery's Sons v. Irving Nat.
Bank, 716.
ANCESTOR AND HEIR.
Heir estopped by illegality of ancestor's contract,
695
See DESCENT.
ANCIENT LIGHTS.
[See also JUDICIAL LEGISLATION.]
Conclusiveness of, 93.
ARREST OF DEBTOR. (See BANKRUPTCY.)
ARREST OF JUDGMENT.
When had in criminal case, in Indiana, 661.
ASSIGNMENT.
Of title bond, effect of, 180.
Equitable assignment of fund by order drawn
therefor; assignment of wages before earned,
434.
Order drawn for part of general fund, and assign-
ment pro tanto in equity, 508, 509.
Delivery of savings bank pass-book, when an
equitable assignment of deposit, 575.
Action for malicious prosecution not assignable,
649.
Assignment for benefit of creditors; when debtor
estopped by acquiescence in, 663.
On play-actor; basis for computing damages; ex-
emplary damages; damages for mental suffer-
ing in case of wilfulness of injury, Welch v.
Ware, 346.
ASSOCIATION FOR THE REFORM AND
CODIFICATION OF THE LAW OF NA-
Proceedings of annual conference at the Hague,
617.
Rights of intervening creditors, where attachment
is quashed after delivery bond given, 95, 129.
Judgment enforceable only against property at-
tached, and has no extra-territorial force, 434.
May be had in federal courts, 696, 775. When
assignee in bankruptcy may sue by. Ibid., 775.
Facts under which an attachment was held dis-
solved, 711.
Facts under which property acquired by attach-
ment still subsisted as property unsold, 711.
When assignee in bankruptcy takes property sub-
ject to lien of attachment, and may be sued for
same, 711.
Proceedings by attachment in a state court against
a steamboat, under a state statute giving a pro-
ceeding in rem, void-such act unconstitution-
al, and the officer liable as a trespasser, 808.
ATTORNEYS AND COUNSELLORS.
Lien of, not subject to diminution by set-off, 96.
When attorney may retain possession of sheriff's
deed to secure his fees, 146.
Compensation where attorney is employed to go
out of state, 147.
Earnings of great lights of the law, 148.
Negligence by, 161.
Effect of payment to, in depreciated currency,
Power of advocate to bind his client by a com-
promise. Anonymous, 384.
When easement of light and air not implied from AUDITOR'S CERTIFICATE.
ANCIENT COMMON LAW RECORDS.
Views of Mr. Pym Yeatman as to publication of,
Death of, 36.
ARBITRATION.
Between members of corporation under by-laws,
164.
Revocation of submission, 434.
Submission to arbitration by public officers; award
does not make them personally liable, 468.
See MUNICIPAL INDEBTEDNESS.
AUTHORS OF LAW BOOKS.
A question for, 549.
AUTREFOIS CONVICT.
Second conviction under different statute for the
same offense. Wemys v. Hopkins, 509.
BAILMENTS.
Diligence required of gratuitous bailee. First
Nat, Bank of Lyons v. Ocean Nat. Bank, 267.
Status of bailee under contract for hire; effect of
loss, 528.
When parting with possession of thing bailed.
discharges bailee's lien; when resumption of Corporations.
possession does not restore lien, 574.
BAMFORD v. BURRILL.
Observations upon the case of Bamford v. Bur-
rill, 2 Bos & Pul. 1, with reference to the fact
that it is omitted in Cooke's Edition of Bos-
enquet and Puller's Reports, 824.
BANKRUPT ACT.
[See also CONSTITUTIONAL LAW, SUB TITLE
"UNIFORM SYSTEM OF BANKRUPTCY."]
Attaching creditor may intervene and oppose
adjudication, 774.
When attaching creditor may move to set aside.
Re Bergeron, 507.
Assignment for creditors is, 807.
Circumstances of fraud which amount to, 807.
Amendatory Act of 1874.
Special verdict on issue made on creditors's pe-
tition; amended petition filed by consent; sub-
sequent dismissal erroneous. In re King, 92.
Permits amendment of petition so as to relate
back to commencement of proceedings, 110.
Eleventh section of Act of 1874, how far retro-
active. Singer v. Sloan, 133, 141, 218; Brooke
v. McCracken, 143 (note).
Distinction between "reasonable cause
to be-
lieve" in the old law, and " knowledge" in the
new, Ibid.
Court will order additional meeting of creditors
in consequence of new law when, Ibid.
Retroactive effect of 29 of Act of 1874, with ref-
erence to applications for discharge, Ibid.
Section 12 of new law amended both 2 39 and
23 of old, Ibid.
Act of 1874 not retroactive. Re Montgomery,
440.
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Railroad company may be adjudged bankrupt.
In re California Pacific Railroad, 79.
Foreign corporation not having complied with
laws of state permitting it to do business, may
not prove claim against bankrupt, 126.
When proceeding under state insolvent laws is
not a proceeding against a corporation for the
purpose of winding up its affairs, 224.
Action by assignee against stockholder for un-
paid subscription; defence of fraud on part of
corporation in procuring stockholder to take
stock; laches. Farrar v. Walker, 670.
When court may order assessment upon stock;
conclusiveness of such assessment, 709.
Of enforcing mortgage in bankruptcy, 241..
Counsel fees; services before adjudication, 242.
Discharge.
When no bar to a suit against suits on injunction
bond, 712.
Homestead abandoned after discharge becomes
subject to execution, 840.
Restraining proceedings at law, creditor omitted
from schedule and not notified of proceeding;
jurisdiction, 15.
Cuts off debts of creditors omitted from schedule,
81.
Jurisdiction to grant, not dependent on correct-
ness of schedule, nor on actual reception of
notice by creditors, 81.
Suit at law will be restrained until application for
discharge is determined, 81.
Proportion of assets to debts prior to December
1, 1873. Operates only as absolution of per-
sonal obligation, 112.
Effect of death of bankrupt before final oath is
lodged among the files, 224.
Limitation of one year as to, not repealed, etc., Re
Lowenstine, 351.
Failure to enter opposition to discharge at meet-
ing called for that purpose, cured by showing
want of notice, 419.
Debt created by fraud not discharged, although
merged in judgment, 696, 773.
Effect of stipulation not to arrest, on right of dis-
charge, 696, 773.
Claim of creditor not on schedule and not noti-
fied, barred, 774.
Discontinuance of Proceedings.
(See subtitle Composition).
Distribution.
Whether claims draw interest after filing petition
in bankruptcy, 242.
Preference of United States, 696, 774.
Enjoining Suits at Law; Controover Suits in
State Courts.
Suits at law will be restrained until application
for discharge determined, 81.
Power of bankrupt court to protect debtor from
arrest; habeas corpus. In re Williams and
McPherson, IIO.
When suit in state courts will be enjoined.
Walker v. Seigel, 508.
Who are necessary parties to such an order. Ibid.
Foreclosure proceedings in state court may be |
stayed, 725.
Examination of Bankrupt.
Right of bankrupt to be further examined in his
own behalf, 40.
Power of court to compel him to disgorge hidden
property. In re Salkey & Gerson, 110.
Bankrupt failing to account for property admit-
ted to be in his hands, may be imprisoned, 224.
May be imprisoned for contempt on failure to
give satisfactory, statement, 291.
Out of partnership assets, 86; In re, Handlin &
Venny, 264.
Under the laws of Illinois, 530.
Out of property levied upon before commence-
ment of proceedings, 725.
Fraudulent Preference.
Taking fraudulent bill of sale, 15.
Mortgage of homestead a preference; surrender
of same, 81.
When stoppage in transitu, the purchaser becom-
ing bankrupt, is not an illegal preference, III.
Payment of depositors by bank which has become
bankrupt; procurement of certificate of deposit
in another bank; ratification of payment by de-
positors, an illegal preference, 111.
Right of lien creditor to fund, 161, 179.
Preference by warrant of attorney. First Nat.
Bank v. Jones. 192.
Measure of damages in case of recovery by as-
signee of damages for property sold by sheriff
under fraudulent confession of judgment by in-
solvent, 192, 193, 210.
Fraudulent preference; judgment note, 244.
Pledgor may retain possession of pledged collater-
als for collection. Clark v. Iselin, 210.
Right of creditor who, in consenting to a
position, has stipulated for a secret advantage,
to prove his original debt in bankruptcy. Brook-
mire v. Bean (with note by E. T. A.), 265.
Act of 1874, 11, construed; only declaratory of
the previous law, 440.
Preferences under the English bankrupt law. 534-
Debtor may convey bona fide for present consid-
eration, though insolvent; fraudulent intent
must exist; power of district court to issue
provisional warrant or injunction to permit dis-
posal of property, 725.
Rights of subsequent creditors as to fraudulent
creditors; when assignee may impeach for
fraud;
failure to record evidence of fraud, 726.
Jurisdiction of Federal Court.
Excludes jurisdiction of state court, when, 126.
Has exclusive jurisdiction to settle bankrupt's es-
tate, 508.
Original jurisdiction in bankruptcy of United
States Circuit Court, 724.
Jurisdiction of State Courts.
To foreclose lien, 112.
To enquire into validity of discharge, 113.
When jurisdiction of bankrupt court is exclusive,
126.
Effect of voluntarily submitting to, 160,
Judgment of state court against assignee; how
regarded in federal court, 530.
Execution returned nulla bona gives no lien, 224.
Lien for rent under state statute; Longstreth v.
Pennock, 192, commented on; 239; Austinv.
O'Reilly, 455, 773.
When mechanic's lien enforceable in state court,
notwithstanding bankruptcy, 695.
Of action by or against assignee in bankruptcy,
in case of fraud, does not begin to run until dis-
covery of the fraud. Bailey v. Wier, 290.
Limitation of one year as to discharge. Re Low-
enstine, 349.
Debts barred by limitation not provable. Re
Næsen, 570.
Bankruptcy and the statute of limitations; article
by Francis Hilliard, 761.
When the statute ceases to run agianst creditor's
claim, 774.
Number and Value of Creditors.
Fraudulently preferred creditors not to be counted
Re Isreal, 219.
Petition to set aside adjudication sustained if ag-
gregate of petitioner's debts equals one-third
the aggregate of all the debts provable against
the estate. Re Bergeron, 507.
Partnership.
Meaning of the term " separate estate," 126.
Partnership assets applied to payment of debts,
without reference to disposition of interests of
partners among themselves, 126.
When firm will be permitted to prove debt against
separate estate of partner, In re McEwen &
Sons, 233.
Distribution; section 36 construed; when firm and
individual creditors must share pari passu, Ibid.
Exemptions out of partnership assets. In re,
Handlin & Venny, 264
Partnership not entitled to retain surplus arising
from securities held by one partner, 725.
Plea of Bankruptcy.
Does not of itself operate as a stay of proceedings,
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Claims not proved by second meeting, not en-
titled to participate in distribution, 86.
Re-examination of claim; practice, 212.
When a bank which has made advances on de-
livery warrants given for goods afterwards
stopped in transitu, will be entitled to prove for
amount of advances only. In Re Moore, 239.
Claim for damages in tort not provable, 402.
Claims barred by limitation not provable. Re
Næsen, 370.
Judgment for assault and battery not provable,
when, 663.
Claim of person holding stocks on a margin ex-
punged as to depreciation accruing after bank-
ruptcy, 709.
Claim of U. S. for a penalty provable, 725.
[See also sub-title LIEN CREDITORS.]
Assignee must pay; rent subsequent to com-
mencement of proceedings, not a provable debt,
774.
Effect of rent note; in case of assignment for
creditors, assignee must pay rent, 807.
Have debt provable under 2 39, for amount of
claim over value of security; In re Frost, over-
ruled; court has jurisdiction to determine value
of security. In re California Pacific R. R. Co.,
79.
Creditor holding personal security for part of his
claim may prove for his entire claim as unse.
cured, 578.
What security must be liquidated before proving
debt, 725.
Effect of proving note as unsecured, when en-
dorser is secured by a mortgage, 725.
Creditor holding collateral may prove debt as se-
cured, 725.
When debtor, who is transferee of bankrupt's
note, can not set it off against estate, 774.
BANKS AND BANKING.
Accommodation endorsement by cashier; official
endorsement of individual note. West St. L.,
etc., Bank v. Shawnee, etc., Bank, 46.
Certification of check, 52.
Draft against designated fund; equitable assign-
ment; estoppel, 194.
Rights of bank which has discounted note of luna-
tic. Lancaster, etc., Bank v. Moore, 522.
Bank check; effect of withdrawal of deposit be-
fore payment, 574.
Delivery of savings bank pass-book, when an
equitable assignment of deposit, 575.
Right to recover money paid on forged check.
Third Nat. Bank v. Allen, 612; Guardians v.
Wheelwright, 674.
Where money is left to pay note, bank not agent
of payee, 727.
Construction of bank charter; power to receive
special deposit; ultra vires. First Nat. Bank
v. Citizens Bank, 757.
Right of action where money has been paid in
consequence of forged endorsement on lost
draft, 791.
Collecting bank may deliver bill of lading to
drawee on acceptance and before payment in
absence of contrary instructions Nat. Bk. of
Commerce v. Merchants Nat. Bank of Mem-
phis, 803.
Circumstances under which a deposit in a bank
of a check drawn on that bank, is no payment.
National Gold Bank, etc., v. McDonald, 821.
BAR ASSOCIATION OF SAINT LOUIS.
Minutes of proceedings of, 293, 309, 357.
BAR ASSOCIATION OF NASHVILLE.
Organization of, 325.
BASTARDY PROCEEDINGS.
Quantum of proof, 163.
BAWDY HOUSE.
Leasing for purpose of prostitution; failure of
lessee to enter and take possession, 631.
BENEDICT, JUDGE.
Suit against, by Mr. Lange, 37.
BERLIN JURIDICAL SOCIETY.
A brief account of, 713.
BETTERMENTS.
See MELIORATIONS.
BETTING ON ELECTIONS.
When a wager, and void, 34.
BIGAMY.
Effect of the statute of limitations upon; decision
in the case of Elder Cannon, 246.
Indictment for, which was held sufficient after
verdict, 711.
Evidence of former marriage, 711.
Instructions in trial for, which did not prejudice
defendant, 711.
BILLS OF CREDIT.
What are, 774.
BILL OF EXCEPTIONS.
Not competent as evidence on a subsequent trial,
260.
Time allowed for preparing, in Indiana, 661.
BILLS OF LADING.
Bill of lading may be delivered to drawee of time
draft before acceptance, when. Nat. Bank of
Commerce v. Merchts. Nat. Bk., 803.
See CONSIGNOR and Consignee,
BILLS, NOTES AND BONDS.
See NEGOTIABLE PAPER.
BOARDS OF HEALTH, LOCAL.
What by-laws are "reasonable," 451.
BOARDS OF SURVEY.
See GOVERNMENT CONTRACTS.
BONDS.
[As to Municipal Bonds, see MUNICIPAL INDebt-
EDNESS.]
Given in judicial proceeding; replevy bond under
Tennessee Code. Stephens v. Green Co. Iron
Works, 44.
Seizure under writ de retorno habendo releases
replevin bond, 191.
Liability on replevin bond, 371.
BOOK NOTICES.
Abbott's Beecher Trial, 514.
American Law Times Reports, 175.
American Railway Reports, 13.
American Reports, 112, 259, 823.
Angell and Ames on Corporations, 10th Ed., 305.
Benedict's Reports vol. 6, 241.
Benjamin on Sales, Perkins' Ed., 85.
Bigelow's Life Insurance Reports, Vol.
613.
Blackwell on Tax Titles, Ewell's Edition, 226.
Browne on Insanity, 836.
Campbell's Lives of the Lord Chancellors, 13.
Dean's Principles of Conveyancing, 403.
DeColyar on Guaranties, etc., 243.
Desty's Federal Procedure, 448.
Dickson's Analysis of Kent's Commentaries, 291.
Digby's History of the Law of Real Property, 645.
Field's County and Township Officers, 226.
Fisher's Patent Cases, Vol. 6, 162.
Fisher, Samuel S. In Memoriam, 14.
Forum Law Review, 436.
Forsyth's Hortensius, republished under the name
of The History of Lawyers, Ancient and Mod-
ern," 305. 421, 463.
Forsyth's Hortensius, 339.
Fortescue's De Laudibus Legum Angliæ, 242.
Freeman on Cotenancy and Partition, 95.
Greenleaf's Testimony of the Evangelists, 14.
Green's Criminal Law Reports, Vol. 2, 789.
Guernsey, Municipal Law and its Relation to the
Constitution of Man, 65.
Hammond, Synopsis of law of Torts, 13.
Hammond, Synopsis of Bailments, 338.
Heard's Trial of Leavitt Alley, 339.
Hecker's Cases on Warranty, 789.
Herman on Executions, 339.
High on Extraordinary Remedies, 34.
Hilliard on Injunctions, 13.
Hubbell's Legal Directory for 1875, 694.
Illinois reports, Vol. 66, 660.
Indiana Reports, Vol. 47, 482.
Iowa Reports, Vol. 35, 145.
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Nebraska Reports, Vol. 3, 96.
New Hampshire Reports, Vol. 53, 224.
New York Weekly Digest, 578.
Ohio State Reports, Vol. 24, 253.
Parsons on Notes and Bills, 2d Ed., 645.
Peck's Ohio Statutes, relating to Municipal Cor-
porations, 578.
Psychological and Medico-Legal Journal, 339.
Reminiscences of Alfred Kelly, 449.
Revised Statutes of the United States, 357. 565.
Roscoe's Criminal Evidence, Sharswood's Edi-
tion, 49.
Sawyer's Reports, Vol. 2, 177, 240.
Smith's Collection Compendum, 664.
Spalding's Treatises, 498, 514.
Story on Contracts, Bigelow's Edition, 34.
Story's Equity Jurisprudence, Canada Edition of,
565.
Swan's Ohio Treatise, 10th Ed., 577.
Tilton Beecher Case, McDivitt, Campbell & Co.'s
edition, 258.
United States Digest, Vol. 5, New Series, 723.
Views as to the proper mode of reviewing law
books, 390, 533.
Wallace's Reports, Vol. 21; some omissions in a
case in, 692.
Ware's Valley Monthly, 514.
Withrow Stile's Iowa Digest, Vol. 2, 743.
Wood on Nuisances, 464.
Woods' Circuit Court Reports, Vol. 1, 773.
BREWER, MR. JUSTICE.
Opinion of, in St. Joseph, etc., R. R. Co. v. Cal-
lender, 31.
Of agents, how affects contract, 219.
BRIEFS, NOTICES OF.
Quo Warranto in Illinois, 48.
Usurpation of Office, 48.
Rights of Women to Vote for Federal Officers,
48.
Can a circuit judge enlarge a prisoner under a
writ of habeas corpus, who is under sentence of
death under void judgment of supreme court?
48.
Homestead exemptions; "head of family," 65.
Constitutional Law; acts of legislature to have
but one subject, and that expressed in title, 65.
Right of lateral support to adjoining Land, 65.
Power of Legislature of Kansas to pass an act
legalizing the issue of bonds by a municipal
corporation for the purpose of building a foun-
dry and machine shop, and to pass special acts
conferring corporate powers, 65.
Duty of Trustees; Fraudulent Judgment, 81.
Injunction against judgment at law for purchase-
money at void probate sale, 94.
Railroad combinations; contracts in restraint of
trade, 95.
Broker's commissions; when they accrue; negli-
gence by broker; recoupment, 95.
Consignor and consignee; when consignee, who
has made advances, must obey orders of con-
signor, 95.
Liability of public officer to account for interest
on public moneys, 95.
Can a railway company acquire a fee simple title
in land condemned for right of way? 129.
Proceeding to enfore mechanic's lien; requisites
of notice; description of the thing against
which the lien is sought to be enforced, 129.
Liability of municipal corporations, and also of
adjacent owners for injury caused by defective
sidewalks, 129.
Criminal procedure; charge to jury; oral amend-
ment, where charge is required to be in writ-
ing, 130.
Rescission; false representations; specific perform-
ance, 162.
Constitutional law; ordinance requiring saloons
to close on Sundays, 162.
Entry of amount of check on a pass-book by
receiving teller, a receipt for collection only,
177.
Contract for sale, and decree of specific perform-
ance void, if land is homestead and wife is not
made a party, 177.
Municipal corporation; loan of credit by two-
thirds of qualified voters. 226.
Negligence of railroad employees; killing infant,
226.
Where same persons are officers of two corpo-
rations, notes drawn by them against one may
not be tendered for debts of the other, 322.
Annulment of decree for alimony by subsequent
marriage, 322.
Sale under decree of court; homestead must be
either urban or rural and, not mixed, 322.
Effect of war upon partnerships between citizens
of the belligerent countries. 323.
Railway taxation; legislative exemption, 466.
Constitutionality of Minnesota railroad law, 466.
Rehearing; ignorance of counsel, 466.
Power of one horse-railroad company to condemn
road of another, 466.
Naturalization of aliens by courts of limited ju-
risdiction, 467.
Deceit in sale of land; measure of damages;
scienter, 514.
Fire insurance; defences; false statements; false
warranties; quantity of proof, 514.
Continued adverse possession, 575.
Chancery sale; opening biddings for advance,
575.
Taxation; whether owner or lessee must pay
taxes, 575.
Negligence of fellow servants, 575.
Patent law; perforated well tube. 575.
Action for libel against jury. 575.
Negligence; personal injury and subsequent
death, 575.
Fixtures, 575.
Estoppel; purchase of property subject to chattel
mortgage, 631
Vacating appointment of receiver, 631.
Admiralty; petitiory action against the thing
seized, 631.
Breach of promise to marry, 631.
Collection of taxes enjoined, 631.
Tax unlawfully imposed, 631.
Forcing a railroad into hands of receiver, 677.
Ejectment; saline lands, 677.
Ejectment; judicial sale, 677.
Liability of corporation for acts of agent, 677.
Railway negligence; respondeat superior, 677.
Easement of way, 677.
Right of railroad company to lay track on street,
677.
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Ejectment to recover of railroad company lands
used in constructing the same, 709.
Power of one executor, the other not qualifying,
to carry out the testator's will, 709.
Taxation by town for subscription to railroad
election, 709.
Banks and banking; conversion of deposits, 709.
United States patents and Spanish grants, 70.
Property in logs from indian reservation, 709.
Franchises; rights of one railroad Co. to con-
demn land of another, 709.
Breach of promise, 709.
Specific performance; town subscription to rail-
road, 744.
Estate of executors held under a will, 744.
Dower, 744.
Action of deceit against a corporation, 744.
Vote of money to a railroad by a township, 744.
Indemnity; promissory note; statute of frauds,
744.
Deed of trust; machinery; fixtures, 744.
Presumption of grant, 744.
Masters wages entitled to preference over, 195.
BOUNDARY.
Effect of deed calling to center of highway, or
stream, 547.
CAPITAL PUNISHMENT.
Comments upon, 100.
CARRIER.
As to Negligence by Carriers of Passengers.
[See NEGLIGENCE.]
Liability for
on
wrecking barge bridge
pier during tempestuous weather, 49. Negli-
gence in towing barge, liability, 240, 321, 242.
Liability for loss happening in time of war. 112.
Whether in case of loss of goods, consignor or
consignee should sue, 113.
Liability for loss of goods caused by fire in rail-
road accident, 116.
Construction of shipping contract; exemption of
carriers for loss by fire, 160.
When liable for damages caused in part by his own
fault, and to some extent by the perils of the
Liability of, in case of unreasonable delay in ship-
ping goods 259.
Liability of first carrier where goods are lost on
connecting lines. Bryan v. Paducah & Mem-
phis R. R. Co., 285; see also 321.
Liability of carriers by water for loss of goods; du-
ties and liabilities of carriers by river, 321.
Liability of railway company for damages to
goods lying at railway station after termination
of journey, 369.
When expressmen of goods not liable as common
carrier. Scaife v. Farrant, 383.
Carriers receipt not negotiable, 402.
Sale of unclaimed packages without opening them,
British carrier's act; loss of passenger's luggage;
felony by carrier's servant; jewelry over £10 in
value; non-declaration of value, 467.
Effect of fraudulent concealment and imposition
by shipper, 468.
Married woman, who has shipped goods, may
maintain action without joining husband; car-
rier estopped to deny her title, 468.
Carriage of passengers by sea; right of passenger
on board steamship to a birth; right of steerage
passenger to take exercise; may not be com-
pelled to remain in birth; injury to passenger
from tumbling freight in rough weather; meas-
ure of damages in case of injury to unmarried
female passenger. Koch v. Oregon Steamship
Liability of carrier for injuries to horses, while in
charge of agent of owner, 564.
Liability in trover where car has been missent over
wrong road, 574.
Railroad company liable for representation of
ticket agent, 575.
Who not liable as common carrier. Scaife v.
Farrant, 605.
Loss without negligence. Scaife v. Farrant, 605.
Liability of railway company as carriers, as ware-
houseman and depositary, carrier or warehouse-
man, 727.
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Final and intermediate consignee; responsibility
for goods awaiting delivery" to another car-
rier. Mich. C. R. Co. v. Lantz. 737.
Carrier or warehousemen; goods arriving at des-
tination on Sunday, 660.
Felony by carrier's servants; article from Irish
Law Times, 644.
Damages for carrying passenger beyond destina-
tion, 660.
Contract of, to make collection of promissory note
beyond terminus; custom; damages, 678.
Limiting Liability by Contract.
Power of, so as to limit liability, 113, 481, 483,
605.
Effect of conditions endorsed on railway tickets,
460.
Liability for injury to stock driver traveling on
free which contains stipulation against lia-
pass
bility, 483.
Effect of clause in receipt limiting time of suit,
774.
Effect of clause limiting value of recovery to fifty
dollars, 774.
When connecting carrier may have benefit of
stfpulations in receipt, 774-
Relative importance of, 301.
CAUSES CELEBRE.
An account of the case of Bolton v. Dickens, 469.
CEMETERIES.
COMITY OF NATIONS.
Italian subjects may sue in our courts under
Captured and Abandoned Property Act-why?
529.
COMMISSIONER OF PATENTS.
Mandamus against, 601.
CONFEDERATE MONEY.
Contracts payable in; measure of damages in
case of breach. Wilmington, etc., R. R. Co.
King, 770.
Such contracts valid between the parties. Wil-
mington, etc., R. R. Co. v. King, 770.
North Carolina statute providing that jury may
ascertain value of Confederate money at time
of contract, unconstitutional, Ibid.
Liability of guardian for investments in, 774-
Contracts dischargeable in, how should the value
of the money be estimated? Able article by
D. S. Troy, Esq., 837.
CONFESSIONS.
for questions of collision; paper read by David
Dudley Field, at the Hague conference, 698.
Second collision; fault of vessel first struck no
defence, 725.
Between steam and sail vessel; where sail vessel
ported her helm, both in fault, 725.
CONSTITUTIONAL LAW.
[In addition to what is contained under this title,
see the following: CONSTITUTIONAL CONVEN-
TIONS; HABEAS CORPUS; LIQUOR LAWS;
MUNICIPAL INDEBTEDNESS; NATIONAL
BANKS; TAXATION; TRIAL BY JURY.]
Bills of Credit.
What are, 774.
"Due Process of Law."
Defined and expounded, 99.
When denial of notice in civil action is unconsti-
Regulation of Foreign Commerce.
Power of federal court to enjoin state board of
emigration, notwithstanding decision of state
supreme court, 405.
Acts applicable only to cities of the second class,
where there is only one city of the second class,
void, 306.
An attempt of legislature to confer special privi-
leges upon a corporation, after they shall have
organized as a corporation under existing laws,
is void, 528.
The Recent Amendments.
Effect of the 14th amendment on the question of
woman suffrage, 246.
Effect of, on the admissibility of colored children
in the public schools, 114, 527.
tutional. Brown v. Board of Levee Com'rs, 36, "Uniform System of Bankruptcy."
40, 69, 79.
Power of the state to confine insane persons; ju-
dicial investigation necessary, 309.
"Duty of Tonnage."
What is. Cannon v. New Orleans, 66.
Assignment in trust for all creditors under state
insolvent laws, still valid, and will prevent at-
tachment, 709-10.
How far bankrupt act suspends state insolvent
laws, 711.
Ordinance taxing vessels which moor in front of "Unreasonable Searches and Seizures."
wharves, etc., 437.
Inter-state Commerce.
Acts prohibiting importation of Texas cattle, 288,
781, 839.
Power of courts to declare statutes void, which
do not conflict with any direct constitutional
provision. Citizens, etc., Association v. To-
peka, 150, 156; contra, County Court v. Gris-
wold, 56.
Power of the judiciary of a state to control the
acts of executive officers of the state govern-
ment; mandamus does not lie against executive
officer of state government. Keuchler v.
Wright, 4. 17, 20.
Power of federal circuit court to declare state
laws unconstitutional, notwithstanding decision
of state supreme court, 405.
Legislative Acts; Form and Substance
May be valid in part and void in part. County
Court v. Griswold, 56. See also 727.
Construction of provision of a constitution that
no act shall contain more than one subject and
that expressed in its title, 35, 65, 149.
Application of provision that the amended parts
of an act shall be re-enacted at length. Moll
v. Building Association (with note by Henry
A. Chaney, Esq.), 72.
Validity of acts which do not take effect until the
happening of some future event, 527.
Can the legislature of a state empower a muni-
cipal corporation to annul its own charter? 33.
Power of legislature over process of courts.
Brown v. Levee Com'rs, 38 40.
Power of Missouri legislature to establish a board
of park commissioners. County Court v. Gris-
wold, 56.
Power to tax for private enterprises. Citizens, etc.,
Association v. Topeka, 150, 156, 167.
The doctrine of implied reservations of legisla-
tive power discussed, Ibid.
Legislature may not impose on courts extra-judi-
cial duties, 306.
Power to make rules of evidence. State v. Wood-
ford, 818.
Obligation of Contracts.
When homestead laws impair the obligation of
Ohio act of 1870, amending? 557 of code, impairs,
259.
But legislature has complete control over rem-
edies, 259.
When state may relieve against payment of inter-
est on contracts, 709.
Congress may pass exemption laws impairing ob-
ligation of contracts, 725.
North Carolina statute providing that jury may
ascertain value of Confederate money at time
of contract entered into, unconstitutional.
Wilmington, etc, R. R. Co. v. King, 775.
Police Power.
[As to Railway Regulation, see RAILROADS.]
Acts prohibiting importation of Texas cattle, 288,
777.
What constitutes a police regulation. Sloan v.
Mo. Pacific R. R. Co., 781.
Constitutionality of internal revenue act of June
22, 1874. United States v. Distillery, 749.
Vested Rights.
Legislature may not, in passing act to vacate
street, vest title to center of street in present
adjacent owner, instead of the original proprie-
tor, 89.
Power of legislature to divert donation from a
municipal corporation, 388.
Of the governors of territories, 453.
Miscellaneous Decisions.
Bankrupt act applicable to others than merchants
and traders, constitutional, 79.
Constitutionality of act giving others the same
right to recover against a railroad company for
negligence, as employees have. Kirby v. Penn.
R R Co., 91.
Guarantee of order and republican government
in the states, 18, 248.
Constitutionality of revenue act of June 22, 1874,
compelling production of books and papers,
CONSTITUTIONAL CONVENTIONS.
In Missouri, 53.
A suggestion, as to restricting the elective fran-
chise to those who can read and write, 54.
Suggestions as to the creation of municipal in-
debtedness, 55.
The Missouri constitutional convention; proceed-
ings, 326, 342, 369.
A few words of criticism by W. P. W., 390.
The Texas constitutional convention; did the vote
on the call require a majority of all the electors,
or only a majority of those voting? Letter of
Philip Lindsley, 560.
In Alabama, 681.
North Carolina, 697.
CONSTITUTION OF MISSOURI, THE NEW.
Signed by how many members, 533; and see, 682.
CONSTRUCTION OF WRITINGS.
See WRITTEN INSTRUMENTS.
CONSTRUCTIVE NOTICE.
In cases of fraud; article from Law Times, 510.
CONTRACTS.
[See also INFANTS; INSANITY; RESCISSION;
SALES; SPECIFIC PERFORMANCE; VENDOR
AND PURCHASER, and various other appropri- |
ate titles.]
Validity; Morality; Public Policy.
Betting on elections, 34.
Agreement to pay money in consideration of lo-
cation of road on certain route. Holladay v.
Patterson, 53, 63.
When contract against public policy will not be
enforced. Ibid.
Letting public contracts to lowest bidder; when
agreements among bidders to do the work in
partnership are not void as against public
policy, 259.
Effect of assignment of such a contract, 259.
When equity will set aside judgment on contract
founded on gambling consideration, 324.
Contracts in consideration of prostitution, 419,
Restraint of trade, 435, 726.
Note given for supplies for Confederate govern-
ernment, when enforceable against maker, 500.
Remarks on contracts against public policy, by
the Edenburgh Journal of Jurisprudence, 524.
Contracts to pay for lobbying bill through Con-
gress, 562
Contract by one physician to personate another,
588.
Sunday Contracts; distinction between such as
are executed and such as are executory, 791.
Sunday Contracts; note given on Sunday for
land previously sold; ratification. Tucker v.
West, 607. This case criticised, 647.
Delivery of property sold on Sunday, 661.
Sunday contracts void although completed on
week days, 575.
Forbearance to sue; article selected from Law
Times, 317.
Validity of a note based upon an agreement to
abstain from drinking intoxicating liquors, 433.
Moral obligations as considerations, 439.
Miscellaneous Contracts Expounded.
Sale of coal in certain lands, 67.
Rules posted in factory, 179.
Construction of a contract stipulating for liqui-
dated damages, 289.
Maritime liens do not arise on ship-building con-
tracts, 289; and see MARITIME LAW.
Contract extending time for redemption of land
sold at sheriff's sale must be supported by good
consideration, 324.
Liability of livery stable keeper for unsuitableness
of horse hired, 402.
Building contracts; how much contractor may re-
cover after acceptance, in case of defective
work; recoupment, 467.
Effect of the words more or less" in a contract
for government transportation, 529.
Contract to purchase lumber as " scaled" by third
person enforced, 791.
Contract for specific article, and request for change
in character, mplies extension of time, 529.
The law applicable to the negotiation of contracts
by telegraph, 546.
CONSULAR COURTS.
Jurisdiction of, in non-christian countries; suits
against consuls for judicial acts, 825.
Jurisdiction of consuls general of the German em-
pire, 197, 227.
The Chicago contempt case, 249
An English contempt case; commitment of a per-
son for threatening a witness; comments of the
English press, 294.
Article upon, by Pelham, 358.
Evidence must be as certain as on indictment,
695.
Construction of Missouri statute making it a mis-
demeanor to make conveyance of land without
reciting previous one. Armstrong v. Winfrey,
802.
COPYRIGHT,
In a name; person selling use of his name, re-
strained from using it himself, 435.
Gratuitous service of author for proprietor; what
constitutes infringement of notes; equity prac-
tice in copy right cases, 600.
At common law, lost by unrestricted sale of right
to make copy, 663.
Movement to secure author's rights in England,
697.
CORPORAL PUNISHMENT.
Comments on measures looking to the restoration
of, in England, 134.
CORPORATIONS.
Liability of stockholders in insolvent. Pollard v.
Bailey, 1, 3.
The same enforced in equity, Ibid.
Reasonableness of by-law prohibiting transfer of
stock, where stockholder is indebted to corpor-
ation. In re Bachman, 119.
Officers of corporation may not waive such a
by-law; their construction of it not binding on
the courts, Ibid.
Capital stock a trust fund for creditors, Ibid.
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