136

that the wages earned up to time of attachment
could be held by the assignee. Tracy v. Clark (Conn.
S. C.)....
4.-An order from a creditor to a debtor requesting
him to deliver goods to the amount of the debt to a
third party, does not operate as an assignment of
the debt. Reed v. Pryor (Buffalo Sup. Ct).......... 54
See Insurance (Life).

ASSIGNEE. See Attachment; Receiver.
ATTACHMENT. Not giving Christian name of
plaintiff, does not render void. Barber v. Smith
(Mich. S. C.)

2.-Property in hands of assignee exempt from. In re
Cunningham (U. S. D. C. Iowa.)

275

257

See Appeal; Practice.

PAGE.

CALENDAR MONTH. A sentence of one calen-
dar month's imprisonment expires on the day pre-
ceding that day which corresponds numerically in
the next succeeding month with the day on which
the sentence was passed. Migotti v. Colville (Eng.
App.)..
4, 193, 198
CARRIER OF PASSENGERS. Where a pas-
senger refuses to pay fare, and after stoppage of
train by conductor for purpose of ejecting him, ten-
ders fare, a refusal to receive and an ejectment of
passenger is justifiable. Hoffbauer v. D. & U. Ry.
Co. (Iowa S. C.)....

2.-Condition that passenger carried free shall travel at
his own risk; liability of company; incorporation
of condition in document signed by plaintiff. Duff
v. Gt. North. Ry. Co. (Ir. Ex. Div.).
3.-Ticket taken fixes contract as to distance to be
travelled; travelling beyond terminal station on
ticket. Gt. Western Ry. Co. v. Pocock (Eng. Ex.
Div.).
4.-Stipulation in ticket; liability of company selling
ticket for accidents on connections; stipulation
must be printed on ticket, and not on cover of book
containing ticket. Burke v. S. E. Ry. Co. (Eng. C.
P.D.)....

5.-May separate white from colored passengers. Green
v. City of Bridgeton (U. S. D. C. Ga.)
6.-Negligence in running freight trains; duty of pas-
senger at station as to crossing track; damages.
Terry v. Jewett, rec'r (N. Y. App.)
7.-Negligence; contract undertaking to carry; ticket
issued by agent. Foulkes v. Metrop. Dist. Ry. Co.
(Eng. C. P. D.)

475

393

518

498

257

393

3. Offer to surrender principal; it is within the dis-
cretion of the court to order principal into custody.
State v. Kramer (Iowa S. C.).
4.-Surety, examination of; it is the duty of the bail to
arrest and deliver up principal in order to exonerate
him. State v. Kramer (Iowa S. C.)...

55

55

BAILMENTS. Storage: construction of contract.
Irvins v. Keutner (Iowa S. C.)..

38

2.-Where a bank holds funds on deposit, it is bailee of
the depositor, and cannot dispute title without
showing a lawful disposition of the funds. Sebranth
v. Dry Ď. Sav. Bank (N. Y. C. P.).

8.-Not liable for merchandise taken as personal bag-
gage; evidence. Blumath v. Fitchburg R. R. Co.

197

(Mass. 8. C.)...
9.--Liability of, for baggage. N. Y. C. & H. R. R. Co. v.
Fraloff (S. C. U. S.)

355

409

See Negligence.

339

See National Banks.

See Bailments; National Banks.
BANKRUPTCY. Fiduciary debt not changed by
judgment. Wade v. Clark (Iowa S. C.).....
2.-Jurisdiction; discharge fraudulently obtained; stat-
utory construction. Poillon v. Lawrence (N. Y. App.) 95
3.-Married woman cannot be put into for a contract
made after marriage, although possessing a separate
estate. Ex parte Jone, Re Grissell (Eng. App.)..
4.-Obligation arising from conversion of money by an
attorney in fact is not a fiduciary debt within the
Bankrupt Act. Woodward v. Towne (Mass. S C.)... 56
5.-State courts have jurisdiction of actions by assignees
in bankruptcy to avoid fraudulent transfers. Ansley
v. Patterson (N.Y. App.)...

See Receiver.

BASTARDY. See Criminal Law.

BETTERMENT. See Covenant.

BIGAMY. See Criminal Law.

263

BILL OF EXCHANGE. See Negotiable Instruments.
BILL OF LADING, Special indorsement; right of
indorsees and purchasers. Farmers & Mech. Bank
v. Hazeltine (N. Y. App)...
2.-Transfer of transferor's right of possession of goods
covered by. Heiskel v. Farmers & Mechanics' Bank
(Penn. S. C.).
3.-Clause excepting liability for acts of master and
crew; negligence in stowage. Hayn v. Culliford
(C. P. D.)....

BONDS. Attorney's fee, stipulation for $100 as in
bond, valid. Wilson Sewing M. Co. v. Moreno (U.
S. C. C. Cr.)....

2.-Bondholders; rights of those lending to foreign gov-
ernment; failure of purpose of loan; when major-
ity may not control minority. Wilson v. Church
(Eng. App.)...........

3.-Fraud in procuring execution no defense to suit on
bond where plaintiff had no notice before accept-
ing. Dagler v. Baker (Ohio S. C.)..

14

255

212

179

317

356

15

CARRIER OF GOODS. A deposit upon the
public levee of lumber, by a railroad company, in
accordance with a contract to deliver at the city in
which the levee was situated, constitutes a delivery
destroying lien. Reineman v. Covington R. R. Co.
(Iowa S. C.)..

2.-Owner of a steamboat engaged in the business of
towing is not liable as a common carrier, unless he
has expressly and publicly offered to tow for all per-
sons indifferently. (Ky. App.).......
CHARGE. Where there is no evidence to show cer-
tain facts, a refusal of a judge to charge on the con-
trary assumption is no error. Priebe v. Kellog Bridge
Co. (N. Y. App.)......
CHARTER-PARTY. Demurrage; recoupment by
agent of consignor against claim for freight. Elwell
v. Skiddy (N. Y. App.)

CHATTEL MORTGAGE. See Mortgage.
CHINESE. See Injunction.
CITIES. See Municipal Corporations.
CIVIL DAMAGE LAW. Evidence; it is compe-
tent for defendants in mitigation of damages to
show a settlement made by plaintiff with other par-
ties of whom plaintiff's husband had bought liquors.
Ennis v. Shirley (Iowa S. C.)..

2. For injury to means of support in consequence of
intoxication, which caused death, damages resulting
from the death cannot be recovered. Kirchner v.
Myers (Ohio S. C.)......

213

162

75

155

56

336

515

3.-Defendant not liable for intoxication not caused by
him. Huggins v. Kavanaugh (Iowa S. C.)..
4.-Recovery may be had although the intoxication re-
sulted in the death of the person relied on as the
means of support. Roose v. Perkins (Neb. S. C.).... 382
5.-Proximate cause; where an intoxicated person is
run over and killed by a railroad train, the owner of
the premises where deceased obtained liquor is liable
in damages. Schroeder v. Crawford (Ill. S. C.) ....
CIVIL RIGHTS. See Carrier of Passengers.
CODE OF CIVIL PROCEDURE. See Execution.
CODICIL. See Will.

COLLATERAL SECURITY. Liability of cred-
itor for loss of. Hazard v. Wells (Buffalo Sup. Ct.).. 54
COMMON CARRIER. See Carrier of Goods;
Carrier of Passengers.

CONDITIONAL SALE. Is made absolute by acts
of purchaser. Delamater v. Chappell (Md. App.).. 118
CONFLICT OF LAWS. A contract by a resident
of one State, made and to be perforined in another
is governed by the lex loci contractus as regards its
validity, and not by the lex fori. Williams v. Carr
(N. C. S. C )....
2.-Contrary Federal and State rules: State court will
follow federal rule in case reviewable in U. S. Su-
preme Court. Belcher v. Chambers (Cal. S. C.) ... 455
3.-Lex loci contractus depends upon the place where
the note or bill is delivered from drawer to drawee,
promisor to payee, or indorser to indorsee, and the

276

laws of the place as to usury will govern. Hart v.
Wills (Iowa S. C.)..
4.-Promissory notes governed by law of place where
made and payable. Dickinson v. Edwards (N.
Y. App.).
5.-Where property has once vested in an assignee or
receiver by the law of the State where the property
is situated, the law of another State will not divest
him of his right to it, if he should take it into such
State in the performance of his duty. Pond v. Cook
(Conn. S. C.)...

See Marriage.

.....

CONGRESS. Power of, to alter charter granted by
it. Union Pacific R. R. Co. v. United States (U. S.
S. C.)...
2.-Power of, to alter charter granted by a State. Central
Pacific R. R. Co. v. Gallatin (U. S. S. C.)...
CONSIDERATION. License to sell unprofitable
patented article is a sufficient consideration for a
promise to pay for such license. Wilson v. Heutges
(Minn. S. C.)...

See Negotiable Instruments.
CONSPIRACY. Act in relation to, not revenue law.
United States v. Hirsch (U.S. S. C.).

377

347

136

365

369

516

454

203

250

See Criminal Law; Damages.
CONSTITUTIONAL LAW. An exemption law
which does not diminish value of a contract, or
withdraw from liability more property in value than
was exempted at the time the contract was made,
is not unconstitutional. Earl v. Hardie (N. C. S. C.) 276
2.-An act denying the right to bear arms by any body
of men, other than the militia of a State or United
States troops, is unconstitutional. People ex rel.
Bidfeld v. Affeldt (Ill. C. C.)
3.-Two years' imprisonment for an aggravated case of
assault and battery is not cruel and unusual
punishment, and a sentence to that effect is not
unconstitutional. State v. Pettie (N. C. D. C.)...... 215
4.-Statutes for identifying ballots unconstitutional.
Brisbin v. Cleary (Minn. S. C.)...
5.-Commissioners of an insolvent estate made their re-
port, and no appeal was taken within time pre-
scribed by law. General Assembly afterward passed
a special act allowing appeal to be taken. Held
that the act was constitutional. Wheeler's Ap-
peal (Conn. S. C.).
136
6.-Discriminations in State procedure against non-resi-
dents, constitutional. Marsh v. Steele (Neb. S. C.) 290
7.-State legislation against Chinese unconstitutional.
Ho Ah Kow v. Nunan (U. S. D. C. Cal.)..
250
8.-A statute providing that when a non-resident is
injured by a defect in highway, and claiming dam-
ages, shall not be entitled to recover if the laws of
his country would deny a recovery under similar
circumstances, is in conflict with the fourteenth
amendment and unconstitutional. Pearson v. Port-
land (Me. S. C.)..

....

276
6. For a buyer to recover damages for non-delivery of
goods, he must prove that he was ready and willing
to receive and pay for them as delivered; and he is
not relieved by the fact that the making of the con-
tract sued on is denied. Simmons v. Green (Ohio
8. C.)...
7.-Implied promise; covenant against incumbrances.
Norton v. Colegrove (Mich. S. C.)

336

495

52

518

8.-Conditional acceptance; evidence; jurisdiction.
Blake v. Lyon & F. Mfg Co. (N. Y. App.)..
9.-Construction of; when third party not entitled to
benefit of. Burnett v. Jersey City (N.Y. Ct. of E.)... 276
10.-Public policy; agreements in restraint of trade are
against public policy and void, unless the restraint
they impose is partial only, and they are made for
good consideration, and are reasonable. Collins v.
Locke (Eng. Priv. C.)....
11.-In an action for breach of, for personal services,
defendants offered to prove that plaintiff falsely rep-
resented himself to be a first-class salesman;" the
offer of proof was excluded as immaterial in absence
of proof that the words had acquired a precise and
definite meaning among business men.
Blair v. Laf-
lin (Mass. S. C.)...
12.-If one who is entitled to the benefit of a contract
can by resonable dilligence and ordinary prudence
protect himself from loss by reason of a breach of,

is bound to do so. Eureka Marble Co. v. Windsor
Mfg. Co. (Vt. S. C.)....
13.-Personal property, conditional sale of; payment by
installments. Hegler v. Eddy (Cal. S. C.)..
14.-Oral evidence of previous colloquium or under-
standing of the parties to a written contract inad--
missible; acceptance under a sale conditional on
approval of the articles sold; conditional sale made
absolute by the acts of the purchaser. Delamater
v. Chappell (Md. App.).....

83

815

92

18.-Implied promise; payment of debt of another;
taxes on land held by litigated title. Goodnow v.
Moulton (Iowa S. C.)..
19.-Infant not liable on, although falsely representing
himself to be of age. Whitcomb v. Joslin (Vt. S. C.). 294
20.-Parol, construction of, to vary contract under seal.
Chesapeake & O. C. Co. v. Ray (S. C. U. S.)..
21.-In restraint of trade as to particular places, is valid.
Smalley v. Greene (Iowa S. C.)....
22.-Release obtained by fraud; when consideration
Mullen
need not be paid back to rescind contract.
v. Old Colony Railroad (Mass. S. C.)...
23.-In contracts for successive deliveries the vendor
cannot fail in the earlier deliveries and still hold the
purchaser for the later ones. King Philip Mills v.
Slater (R. I. S. C.)......

9.-Act for compensation of railroad employees in-
jured through negligence, valid. Dilberner v. Chi-
cago, M. & St. P. Ry. Co. (Wis. S. C.)
10.-A statute prohibiting the sale of railroad tickets by
brokers or by any person, except by the regular
agents of the railroads, or by a bona fide purchaser
of an unused ticket or portion of a ticket, is not un-
constitutional as granting an exclusive privilege or
immunity. Fry v. State (Ind. S. C.).
11.-A statute authorizing taxing of share of National
bank for municipal purposes is constitutional.
Moore v. Mayor of Fayetteville (N. C. S. C.)......... 276
12.-Statute making sale of liquor, not the manufacture
of the vendor, within a specified county, a misde-
meanor; a proper exercise of legislative power.
North Carolina v. Joyner (N.C. S. C.)
13.-Statute prohibiting the sale of merchandise within

416

303

one mile of camp meeting grounds not unconstitu-
tional. State v. Read (R. I. S. C.)..
14.-Statute authorizing one to sell property of another,
invalid. Culbertson v. Coleman (Wis. S. C.)...... 315
15.-Law relative to Texas cattle, invalid. Jarvis v. Rig-
gin (Ill. S. C.)...
16.-Limitation of judicial office by age, limits term.
People ex rel. Joyce v. Brundage (N. Y. App.)....... 473
17.-School-house, temporary use for religious worship,

not forbidden by Constitution. Nichols v. School
Directors. (III. 8. C.).....

See Action; Criminal Law; Statutory Construction;
Trade-Mark.

CONTEMPT. Disregard of notice of injunction by
telegraph, when not. Ex parte Smith v. Langley
(Eng. App.).....

CONTRACT. Action of, does not lie upon an al-
leged conspiracy to obtain money by forgery. Nat'l
Trust Co. v. Gleason (N. Y. App.)......
2.-Gambling contracts. Sales on corn-exchange; pro-
duce brokers; agency. Gregory v. Wendell (Mich.
8. C.)
3.-For purchase and sale of goods not necessarily a
wagering transaction because goods were not de-
livered, although part payment had been made.
Kingsbury v. Kirwan (N. Y. C. P.)......

495

495

498

36

113

14

27.-When a vendor contracts to furnish a machine
properly affixed to purchaser's residence, in an
action for the contract price, the recovery is indi-
visible and must be for whole amount. Butler v.
Butler (N. Y. App.)...

133

28.-When in a contract for manufactured articles
something remains to be done by the vendor which
requires co-operation of purchaser, and the pur-
chaser refuses to perform, the contract price cannot
be recovered. Moline Scale Co. v. Beed (Iowa S. C.). 515
See Action; Agency; Damages; Deeds; Evidence;
Infancy; Interest; Statute of Frauds; Statute of
Limitations; Sunday; Vender and Purchaser.

(

CONVERSION. Defendant surreptitiously obtained
possession of bonds on which there was a lien of
his receiver. Held, that this was a conversion of
personal property; the plaintiffs were entitled
to a share of the proceeds to the amount of their
lien, and that a denial of a motion to discharge
order of arrest was correct. Hovey v. McDonald
(N. Y. Superior.)......

CONVEYANCE. When one of two land-owners
holding property under a common title takes pos-
session of a portion of adjoining land by mistake,
believing it to be within his own boundary, he does

75

not claim, under a title adverse to that of the other.
Gorman v. Birmingham (Buffalo Sup. Ct.)
COPYRIGHT. One co-owner of a copyright in an
opera, cannot grant license to perform. Powell v.
Head (Eng. Ch. D.)...
CORPORATIONS. Railroad forfeiture of charter,
rights of lessee of part of franchises. People v.
Albany & Vt. R. R. Co. (N. Y. App.)...
2.-Evidence; conversation of officers to show transac-
tions is competent. Pierson, rec. v. Atlantic Nat'l
Bank (N. Y. App.)....
3.-Subscriptions to stock must be paid in money.
Boyd v. Peach Bottom R. R. Co. (Penn. 8. C)...
4.-Agreement to subscribe to stock, how enforced.
Mt. Sterling Coal Co. v. Little (Ky. App.).
5.-Transfer of stock by indorsement and delivery
Rights of execution creditors as against holder of
stock as collateral security. People's Bank of
Bloomington v. Gridley (Ill. S. C.).....
6.-Stock in a bank or other corporation standing in
name of a defendant in an execution is not liable
to be sold as his, if it actually belongs to another,
although the rules require that the transfer be made
in favor of officers and in books of corporation.
Oerther v. First N. Bk. (Penn. C. P.).
7.-Power of Congress to alter corporate charter granted
by it. Union Pacific R. R. Co. v. United States
(U.S. S. C.)..
8.-Power of Congress to alter corporate charter grant-
ed by a State. Central Pacific R. R. Co. v. Gallatin
(U. S. S. C.)....

9. The possession of a receiver of an insolvent corpo-
ration is that of the court, and he will be protected
in the discharge of his duties. In re Atty.-Gen. v.
Guardian Life Ins. Co. (N. Y. App.)...
10.-Stockholders not liable as partners. Second Nat'l
Bank of Cincinnati v. Hall (Ohio S. C.)
11.-Statutory liability of officers of; statute strictly
construed. Providence Stm. E. Co. v. Hubbard (Ư.
8. S. C.)....

12.-Ultra vires, statutory construction. New York
State Loan & T. Co. v. Helmer (N. Y. App.)....
13.-May issue preferred stock at organization but not
afterward; acts done by, presumed valid; rule as to
relief against action ultra vires; acquiesence by
stockholder in unauthorized act. Kent v. Quick-
silver Mining Co. (N. Y. App.)..

See Deeds; Municipal Corporations.
COSTS. Temporary resident cannot be compelled to
give security for costs. Redondo v. Chaytor (Eng.
Ct. of App.).....

See Mechanics' Lien.

COUNSEL. See Criminal Law.

COUNTY. See Criminal Law.

PAGE.

CRIMINAL LAW-Continued.
14.-Embezzlement; indictment for, containing one
count where proceeds of different notes were em-
bezzled, prosecutor need not elect upon which sum
the State will rely for conviction. Campbell v. State
(Ohio S. C.)..

15.-Evidence of good character of accused is always
for consideration of jury. State v. Northup (Iowa
S. C.)..
16.-Conspiracy; order of evidence in; acquital of one
conspirator, evidence for another subsequently tried.
Bloomer v. State (Md. App.)

17.-Conspiracy; defendants may demand separate trials.
Casper v. Wisconsin (Wis. S. C.).
18.-Constitutional law State has jurisdiction as to
crimes of Indians on Indian reservations within it.
State v. Doxtator (Wis. 8. C.)

19.-County is not bound, in absence of statutory provi-
sion, to pay fees and expenses of counsel assigned
by court to defend prisoner charged with crime.
Wayne Co. v. Waller (Penn. S. C.)....
20.-Ignorance or mistake in fact, guarded by an honest
purpose, will afford at common law a sufficient ex-
cuse for a supposed criminal act. Farrell v. State
(Ohio S. C. Com.).

15

43

395

457

356

403

59

377

21.-Evidence; confession of crime uncorroborated, in-
sufficient to convict. May v. People (Ill. S. C.).. 356
22.-False pretenses; what indictment must state.
Redmond v. State (Ohio S. C.)...
296
23.-Forgery of receipt; when the instrument set out is
not prima facie a receipt, such extrinsic facts must
be averred as are necessary to show that the instru-
ment would, if genuine, have the effect of a receipt.
Henry v. State (Ohio S. C.)
24.-Forgery of receipt; a receipt on acquittance;"
form of indictment. State v. Shelters (Vt. S. C.)... 396
25.-Forgery, not necessary to constitute, that either
the payee or drawee be named in instrument. Iowa
v. Bauman (Iowa S. C.)..
28.-Former acquittal; what does not constitute. Irwin
v. Texas (Tex. App.)...
27.-Rendition offugitives; false imprisonment. Lerina
v. State (Ga. S. C.)..

28.-Intoxication in itself is no excuse for the commis-
sion of a homicide, nor is insanity immediately pro-
duced by intoxication, when the patient when sane
made himself voluntarily intoxicated. Schlenker
v. State (Neb. S. C.)..
29.-Larceny: what sufficient asportation. North Caro-
lina v. Green (N. C. S. C.)...

30.-Larceny; one working land on shares will not be
guilty of, as to crop. Bell v. State (Tex. App.).....
31.-Larceny and embezzlement, distinction between.
Commonwealth v. Doherty (Mass. S. C.).....
32.-Distinction between larceny and false pretenses,
Zink v. People (N. Y. App.)....

457

517

356

215

416

438

77

156

COUNTY COURT. Power of, to order the refund-
ing of a tax illegally assessed. In re Petition of New
York Catholic Protectory (N. Y. App.)..

135

398

3.-Validity of, waiving exemption. Fejavary v. Broesch
(Iowa S. C.)....

CRIMINAL LAW. Adultery; divorce procured by
fraud no defense. Iowa v. Whitcomb (Iowa S. C.).. 416
2.-Owner of adjoining land may abate an affray by
force. State v. Davis (N. C. S. C.)..
3.-Embezzlement; agent employed by indorsee to collect
notes is an employee within meaning of Embezzle-
ment Act. Campbell v. State (Ohio S. C.)....
4.-An assault with a deadly weapon in such a manner
that the ordinary and probable result would be
death, the law will presume that the intent was to
take life. State v. Sullivan (Iowa S. C.)....
5.-Prior hostility cannot authorize the use of a deadly
weapon in a present quarrel. State v. Sullivan (Iowa
S. C.)....

52

277

296

6.-Bail; statute does not restrict the power of admit-
ting to bail to justices in the county where prisoner
is indicted. People v. Clews (N. Y. App.)..
7.-Bastardy; testimony as to paternity must be posi-
tive. Baker v. State (Wis. S. C.)...
8.--Bastardy; proof must follow complaint; variance.
Hull v. People (Mich. S. C.).........
9.-Bastardy; evidence in, need not be beyond a rea-
sonable doubt. Seman v. People (Mich. 8. C.).... 516
10.-Married woman cannot obtain a summons_against
the putative father of her bastard child. Tozer v.
Lake (Eng. C. P. D.)....
11.-Bigamy; Indictment; pleading exception to statute.
Barber v. State (Md. Ct. App.)
12.--Burglary; proof of larceny when warranting general
verdict. State v. Bishop and St. Clair (Vt. S. C.)... 516
13.-Conspiracy to slander indictable. State v. Hick-
ling (N. J. 8. C.).

439

412

See Contracts; Deeds.

37.-Practice; when writ of error not allowable to
people. People v. Bork (N. Y. App.)....
38.-Selling liquor to intoxicated person not a criminal
offense. People v. Hislop (N. Y. App.)..
39.-Sentence to successive terms; failure to designate
does not invalidate sentence. Misir v. McMillan
(Iowa S. C.)....

359

74

215

....

69

41.-Rape; indictment in substance following the stat-
ute, insufficient. People v. Girr (Cal. S. C.)...
42.-Trial; in the absence of a showing of prejudice, by
momentary absence of juror before verdict, the sepa-
ration is not such as to vitiate verdict. State v.
Ward (Iowa S. C.)...
43.-Trial; furnishing intoxicating liquors to jury may
invalidate verdict. Tuttle v. State (Tex. App.). 377
44.-Trial; charging of facts to jury. People v. Buster
(Cal. S. C.)..

36

17

49.-Violation of city ordinance is not "crime." City of
Kansas v. Clark (Mo. S. C.)..

58

50.-Waiver of right of trial by jury in criminal cases.
State v. Kaufman (Iowa S. Č.)..

291

438

51.--Witness, person who has been convicted of obtain-
ing money under false pretenses, and sentenced to

455

494

443

332

209

DAMAGES. In an action for assault and battery,
damages are not mitigated by criminal proceedings.
Redden v. Gates (Iowa S. C.)...
2.-In suit for,for bodily injury, jury may take into con-
sideration compensation for physical and mental
suffering. McIntyre v. Giblin (S. C. U. S.)....
3.-Conspiracy, where a number of men engaged to do
piece work, stop work simultaneously and return
work unfinished, they are liable in an action for
damages. Mapstrick v. Ramge (Neb. 8. C.)
4.-New trial for insufficient; under what conditions
may be granted. Phillips v. South Western Ry. Co.
(Eng. App.)
5.-Power of court to grant new trial for insufficiency
of damages. Phillips v. South Western Railway Co.
(Q. B. Div.)..
6.-Where defendant in consideration of discontinu-
ance of proceedings of dispossession agreed in liqui-
dated damages to vacate premises at a certain time,
and when that time arrived refused to vacate, plaint-
iff may recover damages and costs and expenses of
proceedings. Schemehorn v. Carter (N. Y. C. P.).. 97
7.-A steamer that while altering her course to avoid
one barge collides with another not carrying a light
is not liable for damages. The Swansea v. The Con-
dor (Eng. App. P. D.).
8.--Measure of, in breach of contract to supply machine.
Eureka Marble Co. v. Windsor Mfg. Co. (Vt. S. C.)..353
9.-Breach of contract of sale; when special damages
allowed. Hammer v. Schoenfelder (Wis. S. C.).. 437
10.-Measure of, conversion. Hiort v. London & N. W.
Ry. Co. (Exch. Div.)....

11.-Measure of, in contract for service; burden of
proof. Oldham v. Kerchner (N. C. S. C.).
12.-Measure of, in action for wrongful conversion.
Ingram v. Rankin (Wis. S. C.).
13.-In an action for trespass and trover, where
defendant abandoned a first attachment and seized
and sold the property on a second, the plaintiff is
entitled to damages for original taking of goods and
for their detention until second attachment.
Lazarus v. Ely (Conn. S. C.)

See Carriers of Passengers; Civil Damage Law; Con-
stitutional Law; Contract; Easements; Emi-
nent Domain; Municipal Corporations; Negli
gence; Nuisance; Partnership; Proximate and
Remote Cause; Real Estate; Seduction; Warranty.
DEEDS. Condition in, forbidding sale of intoxicat-
ing liquors not unlawful or against public policy:
rights of corporations. Cowell v. Colorado Springs
Co. (U. S. S. C.)....
2.-Construction; lands excepted not described. John-
son v. Ashland Lumber Co. (Wis. 8. C.)...
8.-Where a covenant by a grantor is made merely for
his heirs, executors and administrators, and not for
himself, he is not personally liable on the covenant.
Craft v. Day (Iowa S. C.)....

158

258

394

395

136

487

375

66

55

413

4.-Destruction of unrecorded one does not revest title
in grantor. Jeffers v. Philo (Ohio S. C.)..
5.-Effect of exceptions in. Irons v. Webb (N. J. 8. C.). 394
6.-Grant of prescriptive rights by; flowage; reference
to ancient deeds. Daniels v. Citizens' Sav. Inst.
(Mass. S. C.)...

514

322

158

See Foreclosure; Record.
DISTRIBUTIONS. See Statute of Distributions.
DIVORCE. A mensa et thoro, what necessary to enti-
tle a wife to. Sower's Appeal (Penn. S. C.)....
2.-A mere separation by mutual consent is not deser-
tion by either party; cruelty that authorizes is any
thing that tends to bodily harm and renders cohabi-
tation unsafe. Latham v. Latham (Va. App.)..
-When a wife commits adultery after separation from
her husband he is entitled to a divorce. Tew v. Tew
(N. C. S. C.).....
4.-Although the fact that a married man is seen to
enter a house of ill-fame is strong evidence of the
crime of adultery, yet it is not of itself conclusive,
and the act is open to explanation. Latham v.
Latham (Va. App.).....
158
5.-Leaving the house at request of wife does not
amount to desertion. Kestler v. Kestler (N.J.Ch.). 323
See Criminal Law.

DOMICILE of a legitimate unemancipated minor is,
if his father be alive, the domicile of the latter.
Blumenthal v. Tannenholz (N. J. Ch.)............
DYING DECLARATIONS admissible only when
the death of declarant is the subject of the charge,
and circumstances of the death are the subject of
the dying declarations. State v. Harper (Ohio S.
C.)....

2.-May be had in signboard on adjoining tenement.
Moody v. Steggles (Eng. Ch. Div.).
3.-Owner of a dwelling-house cannot claim, as against
adjoining occupier, a prescriptive right, either by
statute or common law, to have a free access of air
to his premises. Bryan v. Lefevre (Eng. App.)
See Nuisance; Vendor and Purchaser.
EMBEZZLEMENT. See Criminal Law.
EMINENT DOMAIN. In an action for an injury
to abutting property by reason of the construction
of a railroad on a public street or highway, plaint-
iff's title may be established by proof of adverse
possession. Lawrence R. R. Co. v. Cobb (Ohio S. C.). 337
2. Where a railroad company, in advance of proceed-
ings to obtain right of way, enters upon lands and
constructs its road, when proceedings are instituted
the value of the improvements made by company are
not to be included in estimating the value of the
land. Greve v. First Div. St. Paul & Pacific R. R.
Co. (Minn. S. C.).

228

493

3.-Railroad to cross another railroad, right of; prac-
tice. Matter of Boston, H. T. & W. R. R. Co. (N. Y.
App.)....
4.-Power of railway company to divert non-navigable
river. Pugh v. Golden Valley Ry. Co. (Eng. Ch. Div.), 295
5.-Where a railroad is laid, without plaintiff's consent,
over a street adjoining plaintiff's land, to the center
of which he owned the fee, the measure of damages
is the pecuniary loss which the trespass had caused
plaintiff in the use and enjoyment of his property
when the suit was commenced. Blesch v. Chicago
& N. W. Ry. Co. (Wis. S. C.)...
6.-Walver; railroad crossing another railroad; exclu-
sive use. Matter of Boston, H. T. & W. R. R. (N. Y.
App.)..
7.-All damages to land must be claimed in proceedings
to acquire it. Harlow v. Marquette, H. & O. Ry. Co.
(Mich. S. C.)....

9.-An objection by owner of the soil that the premises
were intersected by streets, without the control of
which petitioners would be unable to carry out their
plans, and that the order of condemnation gave them
no such right, is untenable. In re Application of N.
Y. C. R. R. Co. (N. Y. App.)..........
53
EMINENT DOMAIN. See Title.
ESTATES (customary). Owners of customary es-
tates in the Isle of Man having exercised a right,
from time immemorial, to dig clay and sand on their
lands from open workings, the crown, as lord of the
isle, has no right to the same. Attorney-General v.
Mylchreest (Jud. Com. Priv. C.).
190
See Real Estate.

ESTOPPEL. See Mortgage; Municipal Corporations;
Negotiable Instruments.

EVIDENCE. Court will take judicial notice of the
almanac, as well as the law merchant, in computing
time of note. Reed v. Wilson (N. J. S. C.)...

283

96

2. An assignment of a cause of action directly from
husband to wife is valid as between the parties.
Seymour v. Fellows (N. Y. App.)....
117
8.-Effect of improper admission of declaration by
court or referee. Foote v. Beecher (N. Y. App.).... 255
4.-Entry on book account not conclusive as to one
making it. Lyon v. Chamberlain (Mich. S. C.).... 275
5.-Procuring goods by false pretenses; evidence of
similar representation to others to prove falsity was
excluded for that purpose, but admitted to show
knowledge of falsity at the time of the commission
of the act. Held error. People v. Spielman (N. Y.
App.)....
6.-Character of deceased in murder trial, when proof
of, admissible. Hudson v. State...
7.-Threats made previous to homicide by deceased,
unless made in presnce of defendant, and evidence
tending to show his desperation of character, are
incompetent. State v. Sullivan (Iowa S. C).....
8.-Confession to one in authority without induce-
ments, admissible. Wolf v. Comm. (Va. App.)..... 277
9.-Where part of a conversation has been given, any
other or further part may be given in reply, which
would in any way explain or qualify the part first
given. Platner v. Platner (N. Y. App.).

10. In an action for damages, it is not competent to
introduce evidence showing that representations
were made to other parties than those mentioned in
complaint. Whitemore v. Patterson, ex'r (N. Y. C.
P.)......
11.-Corporation, conversation of officers while in dis-
charge of their official duties, is competent evidence
to show transactions. Pierson, rec'r, v. Atlantic Nat.
Bank (N. Y. App.)..

12.-In suits for divorce the rules of evidence are the
same as in other suits in equity, except that the bill
shall not be taken for confessed, and the cause must
be heard independent of the admissions of either

236

56

293

256

37

party on the pleadings. Latham v. Latham (Va.
App.).....
13.-Testimony of party as against executors. Ham-
mond v. Schultz (N. Y. Superior)...
14. -Admission in evidence of a question to a medical
expert, the solution of which does not require pro-
fessional or scientific skill, is error. People v. Smith
(Cal. S. C.)

15. On the trial of a prisoner, a letter purporting to
have been written by him was introduced, and
another letter written by him at dictation of offi-
cers, for the purpose of proving first letter by com-
parison, held to be error. State v. Miller (Wis. 8.
C.)
16.-Parol is admissible to show a collateral agree-
ment between vendor and purchaser that gas-fix-
tures shall pass with a house, although purchased
under a written agreement. Heysham v. Detre
(Penn. S. C.)......

158

76

423

442

82

296

494

513

475

463

17.-Parol admissible to show circumstances of indorse-
ment. Hamberger v. Miller (Md. App.)..
18.-Parol is admissible to show mistake or misappre-
hension in written contract. Ford v. Joyce (N. Y.
App.).
19.-Parol contrac, contemporaneous with written one
may be shown. Chapin v. Dobson (N. Y. App.)..... 274
20.-Parol to contradict contract under seal, not admis-
sible. Bast v. First Nat. Bank (U. S. S. C.)...
21.-Patent cases, opinions of experts as to whether two
mechanical cructures are identical in principle, are
admissible and competent. Tillotson v. Ramsay
(Vt. S. C.)..
22.-Physicians, construction of statute prohibiting,
from disclosing information acquired by them in
attending patients in a professional capacity. Ed-
ington v. Etna L. Ins. Co. (N. Y. App.)....
23.-Oral evidence of previous colloquium or under-
standing of the parties to a written contract, inad-
missible. Delamater v. Chappell (Md. App.)..
24. Oral testimony is admissible to prove that the in-
dorser, as between himself and maker, at time of
indorsing a note in blank, waived demand and notice.
Dye v. Scott (Ohio S. C.).
25.-Statements by others in presence of accused. Peo-
ple v. Ah Yute (Cal. S. C.)..
26. In a suit for damages to means of support by reason
of intoxicating liquors sold continuously, defend-
ant may offer evidence to show that the intoxicated
party bought liquors from other parties. Kirchner
v. Myers (Ohio S. C.)..
27.-Subsequent reversal of judgment relied on to show
breach of covenant. Smith v. Frankfield (N. Y,
App.)..

28.-Testimony based upon memorandum of dying
declaration not signed by deceased is incompetent.
State v. Sullivan (Iowa S. C.)...

118

458

338

336

117

56

475

29.-Vendor, declarations of, after sale, do not affect
vendee. Benson v. Lundy (Iowa S. C.)...
30.-Where in a will a father describes a child as "my
son or reputed son," and afterward as "my said
reputed son,' "it must be admitted as evidence of
illegitimacy of child. Murray v. Milner (Eng. Ch. D.). 378
See Carriers of Passengers; Civil Damage Law; Crimi

nal Law; Dying Declarations; Eminent Domain;
Insurance; Landlord and Tenant; Negotiable In-
struments; Practice; Slander and Libel.

EXCISE. See Criminal Law.

EXECUTION. Section 572 of the Code of Civil Pro-
cedure, relating to executions against the person,
applies only to defendants in actual custody and
those out on bail. Schmidt v. Heitner. (N. Y. Su-
perior)

PAGE.

FALSE PRETENSES. See Criminal Law; Evidence.
FIDUCIARY RELATIONS. Appropriation of
payment; rule in Clayton's case; trust moneys; two
sums paid in on same day, but entered separately;
ear marked. Re Hallett's estate (Eng. Ch. Div.)....
2.-Is one in respect of which, if a wrong arise, the
same remedy exists against the doer, on behalf
of the plaintiff, as would exist against a trustee on
behalf of the cestui que trust. Re West of Eng. & S.
W. Dist. Bank (Eng. App.).
100

See Bankruptcy.

FIXTURES. A boiler in sections not attached to
building was sold by defendant to owner of build-
ing with the agreement that boiler was to remain
personal property until paid for; owner afterward
mortgaged to plaintiff, who had no knowledge of
agreement, the property including boiler, held, not
to affect mortgagee. Southbridge Savings Bank v.
Exeter Machine Works (Mass. S. C.).

2.-Gas-fixtures and portable furnace not part of
realty. Towne v. Fiske (Mass. 8. C.)...
FORECLOSURE. Setting aside of sale under trust
deed. Clark, Trustee, v. Freedman's S. & T. Co. (U,
S. S. C.)....

See Mortgage; Mechanics' Lien.
FOREIGN STATUTE. See Replevin.
FORGERY. See Criminal Law.
FORMER ADJUDICATION. Adjudication, in-
volving authority to sue, upon an order to show
cause is final until reversed. Carpenter v. Allen (N.
Y. Superior.)..............

HABEAS CORPUS. See Extradition.
HIGHWAY. A person riding a bicycle on a highway
at such a pace as to be dangerous to the passers-by
may be convicted of furiously driving a carriage,
under 5 & 6 Wm. 4, ch. 50, 8 78. Taylor v. Good-
win (Q. B. D.).............
HIGHWAYS. Commissioners of, pledgee of tolls
may sue therefor. Long v. Fox (Buffalo Sup. Ct.)... 54
See Negligence.

HOMESTEAD liable for debts of owner only
under section 1993 of the Code. Rutt v. Howell (lows
8. C.).....
See Constitutional Law; Exemption.

HUSBAND AND WIFE. To recover of a husband
who lives apart from his wife for necessaries fur-
nished to the wife, it must be shown that they live
apart either by mutual consent or by reason of the
fault of the husband. Thorne v. Kathan (Vt. S. C.)..
2.-Liability of husband for wife's torts. State y. Camp
(N. J. 8. C.)....

3. The Married Woman's Act abolishes the tenancy by
entirety: so that in a case of a grant to husband and
wife they take as tenants in common, and survivor
does not take whole estate. Meeker v. Wright (N. Y.
App.).
See Assignment; Evidence; Insurance (Life); Mort-
gage.

INDICTMENT. Election of count; when it appears
that the charges relate to the same transaction mod!-
fled to meet the proof, prosecutor will not be re-
quired to elect. Candy v. State (Neb. S. C.)......... I
See Criminal Law; Embezzlement.
INDORSEMENT by two or more persons may be
joint, as where in partnership or otherwise Joint
payees are indorsers; but in other cases, where there
are two indorsements in succession, they are several.
Hale v. Danforth (Wis. S. C.)......
INFANCY. Infant may disaffirm contracts; when
return of money paid infant on, not necessary to
disaffirmance. Miller v. Smith (Minn. 8. C.)......
See Contract.

214

INJUNCTION. Chinese labor; a State has no power
to interfere with, or in any way limit the operation
of, a treaty of the United States (C. S. C. C. Or.)... 26