PAGE. EXECUTION. Officer's return on, conclusive until Detention of extradited pris- 2.-Inter-State; duty of executive of whom fugitive is 274 202 262 470 513 PAGE. 97 HUSBAND AND WIFE-Continued. See Contract; Conveyance; Criminal Conversation; ICE. See Negligence. INDIANA See Constitutional Amendments. INFANT. See Guardianship; Marriage; Married INFANTICIDE. See Criminal Law. 316 135 FALSE PRETENSES. See Criminal Law. FIDUCIARY DEBT. See Bankruptcy. 2. Of publication injurious to trade; jurisdiction. 152 419 436 See Corporations; Former Adjudication. FOREIGN JUDGMENT. See Contract. FORMER ADJUDICATION. Action by pledgee " GAMBLING. Statutory construction; poker not 516 357 257 4-Agent, authority of; non-payment of premium; 6.-Insurance of goods sold but not delivered; insur- 62 375 GIFT. Causa mortis; of check; of bills of exchange. GUARANTY. Conditional; necessity of notice of .... 95 74 HIGHWAY. Alley in city not. Bagley v. People 398 57 59 16.-Vacancy, condition against; school-house; vaca- 164 118 223 479 144 6. That a wife living with her husband is authorized 5.- Forfeitures by failure to pay premium when due; reluctance of courts to enforce forfeitures. Sea- mans v. North W. Mutual Life Ins. Co. (U. S. C. C., 6.- Insolvent company; non-payment of premiums. Matter of Attorney-General v. Guardian Mutual Life 7.-Insolvent company; right of receiver to appear in proceedings to determine priorities; constitutional law; obligation of contract; registered policies; annuities; computation of value; forfeitures; un- conscionable agreement; usury. Matter of Attor- ney-General v. N. A. L. Ins. Co. (N. Y. App.). 8.- Non-payment of premium invalidating policy. Gid- dings v. Northwestern Mutual Life Ins. Co. (U. S. 9.-Vested interest of beneficiary in policy. 3.-Bottomry bond; collision; order of liens. Force v. Pride of the Ocean (U. S. D. C., N. Y ) ... 9.-Jurisdiction of admiralty as to crew of foreign ves- sel. Amalia, The (U. S. D. C., Me.) 10.-Liability for loss of cargo; deviation from course to save property. Scaramanga v. Stamp (Eng. App.).. 359 3. Of justice of the peace cannot be upheld by mere in- tendment. Chappell v. Truscott (Buff. S. C.)....... 115 river; Federal question. Schoonmaker v. Gilmore 2.-Circuit Courts, suit brought by assignee of munici- pal bond; acknowledgment of indebtedness. Porter v. Jonesville (U. S. C. C., Wis.)..... 3.-Federal court; suit founded on contract in favor of an assignee when Circuit Court has no jurisdiction. Stanley v. Supervisors (U. S. C. C, N. Y.)..... 4.-Of Federal courts over suits by States. New Orleans M. & T. R. R. Co. v. State (U. S. S. C.). 5.-Of Federal courts not conferable by consent of parties, removal of cause from State court depend- ent upon subject-matter. People's Bank of Belle- ville v. Winslow (U. S. S. C.). 6-Foreign judgment on substituted service. Shepard 7.-State courts have, of actions in personam for mari- time torts. Brown v. Gilmore (Penn. S. C.)... 8. Service of process; railroad company of one State leasing railroad in another, not citizen of latter State. Brownell v. Troy & B. R. R. Co. (U. S. C. C., See Conflict of Laws: Constitutional Law; Guard- 7.-Verba de futuro and cohabitation do not constitute. See Conveyance. MARRIED WOMAN. Debt of a married wo- man, which she is not bound to pay, will prove a suffi- cient consideration to support an obligation under 2.--Deed by; cannot be contradicted by parol. Ætna Life Ins. Co. v. Franks (Iowa S. C.). 3.- Disaffirmance of contracts made by, when infant; when need not be during coverture estoppel; in- fant not bound by. Sims v. Everhardt (U. S. S. C.), 455 4.- Not liable for improvements to separate property made on husband's credit. Holmes v. Bronson (Mich. 5.- Divested of title to real estate only in statutory versation. MASTER AND SERVANT. Negligence; con- tributory negligence by employee; what does not constitute. Hawley v. North. Cent. Ry. Co. (N. Y. 2.-Negligence; one assisting servant at request of master, not co-servant. Kelly v. Johnson (Mass. 3.-Negligence; master liable for injury to servant from defective machinery through negligence of co-ser- vant contributes. Cone v. Del. L. & W. R. R. Co. 4.-Negligence; duty as to safe machinery; inspector and brakeman not co-servants. Braun v. Chicago, R. I. & P. R. R. Co. (Iowa S. C.). 5.-Negligence; defective machinery; contributory negligence of co-servant. McMahon v. Henning (U. 6.- On what liability of master for injury to servant NATIONAL BANKS. Construction of Federal 2.-Jurisdiction of Federal courts. Foss v. First National Bank (U. S. C. C., Col.)... 3.-Jurisdiction of State courts, as to offenses by offi- cers of. Commonwealth ex rel. Torrey v. Kettner 293 5.-When liable for special deposits. Pattison v. Syra- cuse National Bank (N. Y. App.). 6.-Taxation of shares, remedy for illegal; Constitu- MERGER. Of mortgage securing note MINOR. Deed of land not appearing upon its face to be prejudicial to him, not void but voidable. MUNICIPAL CORPORATIONS. Agent's lia- bility for trespass of Sprague v. Tripp (R. I. S. C.).. 236 2.-Bonds; issue in excess of constitutional limit of municipal liability; recital in bonds; bona fide holder; estoppel. Buchanan v. Litchfield (U. S. S. C.) 516 3.-Irregular exercise of power in issuing bonds does not invalidate bonds; recitals in deed do not estab- lish deed. Singer Manuf. Co. v. Elizabeth (N. J. S. C.) 517 4.-Power of, in charter as to regulation of slaughter- houses, included power of total prohibition within specified limits Cronin v. People (N. Y. App.). ... 430 5.-Contempt, cannot be guilty of. Bass v. Shakopee 6.-Limit of duty as to highways; evidence; commu- nication of patient to physician. Wilson v. Granby 7.-Negligence: liability for contractors, in repair of street. City of Logansport v Dick (Ind. S. Č.). 8. Negligence; liability for defective cross-walk; bur- den of proof. Luedecke v. Buffalo (Buff. S. C.).. 9.-Not liable for injury from defective approach to bridge not owned by it in its limits. Bishop v. Cen- 10.-Ordinance excluding slaughter-houses from fixed area in city; statutory construction; power to regu- late includes power to prohibit; reason for statute need not be set forth. Cronins v. People (N. Y. 11. Set-off in action against city; that preliminary steps must precede action does not preclude set-off; claim against county not actionable subject of. Taylor v. 12.-Street railroad; permission to lay tracks not a fran- chise but a license. Buffalo C. R'y Co. v. N. Y. C. 13.-Exemption of cemeteries from taxation; assess- ments for local improvements. Olive Cemetery Co. v. Philadelphia (Penn. S. C.)..... 14. Town; action for personal injuries sustained by falling into a trench near a public building; when town or city is liable for defects. Larrabee v. Pea- 15.-Town; liability of, for injuries caused by defects in public places; negligence. Clark v. Waltham (Mass. 441, 451 NEGLIGENCE. Bailment; a gratuitous bailee only 5.-Firing cannon in public street, town not liable for 6.-Ice, negligent breaking of crop by steamboat. People's Ice Co. v. Excelsior (Mich. S. C.). 7.-Objects liable to frighten horses; turnpike com- pany liable after notice. Eggleston v. Columbia 8.-Omission to ring bell and keep flagman at street crossing, if not contributing to injury from railroad train, not negligence. Pakalinskey v. N. Y. C. & 9.-Proximate cause; fire communicated by burning oil on stream. Kuhn v. Jewett (N. J. Ch.)..... 518 10.-Remote cause; burning oil carried by stream. Kuhn 11.-Railroad company not liable for damages from sparks of engine leased to run on private road. Mar- quette, etc., R. R. Co. v. Spear (Mich. S. C.) 12-Railroad engine sparks setting fire; that fire occurs not evidence of negligence. Reading & C. R. R. Co. 13.-Engine on railway near highway making noise with- out notice; question of fact. Hart v. Chicago, R. I. See Action; Attorney; Bailment; Carrier of Passen- 356 able delay to present bill discharges drawer. Allan 2.-Notice by mail of dishonor of bill. Forbes v. Omaha Nat. Bank (Neb. S. C.) .... 3.-Payment of debt by certified check; loss of check; payment on forged indorsement; rights and liabili- 294 157 4.-Promissory note, what is stipulated in; notice. 5.-Promissory note; immaterial alteration adding "annually' to "interest Leonard v. Phillips 6.-Promissory note; words "bearer" or "order not 7.- Defense that maker was induced to sign by fraud, 8.-Presentment and notice by a disqualified notary; evidence; protest of promissory note unnecessary. 9.-Holder for value, creditor surrendering note of debtor is, but not if surrendering dishonored check; 17 PAGE. NEGOTIABLE INSTRUMENTS-Cont'd. - 189 156 317 Turner v. Peoria & S. R. 378 12. Transfer in payment of antecedent debt shuts out R. Co. (Ill. S. C.) NEWSPAPER. Law Weekly not. Beecher v. Stev- 297 See Criminal Law; Tender. POSTMASTER. Not "officer of revenue," statu- 2.-Time when judge must sign exception; writ of 4.-Imperfect service of copy, when sufficient. Osgoodby 263 114 476 123 135 36 5.- Jurisdiction of court over orders made at same 9.- Order not modified by opinion; when opinion may 243 2. Custody of infant; conflicting rights. Common- 55 183 3.-Step-child; when step-father stands in loco pa- 223 477 11.- Vacating order of arrest; reference; "entry of 135 12. Writ used and filed may not be used in new pro- 235 PARTITION. See Trust. 3.-Dormant and ostensible partner: bill of exchange; 4.-Expulsion of member; Common Law Procedure 5.-Partners signing notes in individual names; when 6. Joint and several note given by partners; when 515 9 19 73 158 See Bankruptcy; Banks and Banking; Voluntary RAILROADS. Action lies to compel construction 436 90 357 RECEIVER-Continued. PAGE. 2. Of corporation; estate in hands of, liable upon cov- ... RECORD. Mistake of register in recording does not RECORDING ACT. Assignment of mortgago; 2.-Notice; husband and wife; purchase by debtor of REGISTRATION. See Elections. 455 PAGE. SEDUCTION. See Evidence. 477 255 295 417 483 377 311 417 196 4.-Privileged communication; criticism of conduct of 483 See Injunction. STATUTE OF FRAUDS. Contract invalid by; 2.-Conveyance of realty with rents reserved; implied Star v. STATUTE OF LIMITATIONS. Acknowledg- 176 2.-Action against indorser of forged paper by drawee. 197 475 RES ADJUDICATA. What constitutes. 74 RIGHT OF WAY. Over granted land surrounded RIOT. See Insurance, Fire. RIPARIAN RIGHTS. Custom as to use of streams; 2.-Judicial; when advance bid after sale ground for 5. Of personal property; title of innocent vendee from 497 356 4.-Ceases to run against a set-off from the date of the 2.-Old Code, § 101; new Code, §§ 381, 414; Laws 1870, 4.-Nuisance; oriel window. Goldstraw v. Duckworth See Civil Damage Act; Criminal Law; Gambling; |