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COMMERCE,

COURTS.
applicability of the Interstate Commerce judicial discretion, 355.
Act to telegraph companies, 370.

are non-residents entitled to exactly the

same access to courts as are residents,

439.
CONSTITUTIONAL LAW

see INTOXICATING LIQUORS.
the Plumb plan for the control of the rail. | COVENANTS,
roads, 5.

damages for breach of covenant against
the amendatory power under the Constitu-

incumbrances by reason of outstanding
tion, particularly with reference to

lease, 38.
amendment 18, 229.
validity of the Migratory Bird Treaty, 19.
how far can Congress or a state legislature CRIMINAL LAW,
go in excluding duly elected representa-

the mens rea in false pretense cases, 3.
tives, 73.

confession not affected by the fact that
protecting trade name and good will in

accused was suffering with influenza,
prevention of price-cutting in resales,

208.
151.

coverture as defense in criminal acts, 287.
the constitutionality of the Constitution is

not a justiciable question, 152.
has the legislature power to restrict the

DAMAGES,
sale of the state's natural products into

proof of injury where from failure to per-
other states, 154.

form it is incapable of estimation, 306.
making the jury judge of the law and the
fact in respect to the defense of contribu-

DEEDS,
tory negligence is constitutional, 167.
validity of ordinance requiring conductor

validity of condition in deed against occu-
and motorman to operate cars, 169.

pation by one not of the Caucasian race,

232.
are women by reason of being voters en-
titled to sit on the jury, 205.

failure of "love and affection" as failure of
is the Constitution ever unconstitutional,

consideration, 421.
217.
should the executive power be separated

DIVORCE,
from the office of President and made re-

see M'ARRIAGE AND DIVORCE.
sponsible to Congress, 223.
validity of condition in deed against occupa-

tion by one not of the Caucasian race, ELECTRICITY,
232.

liability of electric railway for injury to
limitations on power of a state to tax in-

boy coming in contact with live trolley
comes of non-residents, 277.

wire, 314.
restrictions upon resale of an article to pre-

vent price cutting, 282.
the analogy between the 18th amendment EMPLOYERS' LIABILITY ACT,

and the amendment prohibiting slavery, employe's recovery under Federal Employ-
325.

ers' Liability Act as a bar to personal rep-
right of manufacturer to bind retailer to

resentative's action, 185.
observe resale prices by contracts, 351.
limitations on the power to amend the
federal Constitution, 361.

EQUITY,
can Y be constitutionally taxed to provide

the early administration of equity in this
a farm for X, 367.

country, 423.
constitutionality of moratorium laws, 403.
facts and fiction about the Constitution,
407.

ESTOPPEL,
state cannot prohibit actions on judgments

is one who drew up a will estopped to re-
recovered in sister state, 423.

ceive the benefits of his own mistake,

298.
are non-residents entitled to exactly the

same access to courts as are residents,
439.

| EXECUTIVE POWERS,
constitutionality of tax on incomes from

should the executive power be separated
securities held in trust outside the state,

from the office of President and made
439.

responsible to Congress, 223.

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FORMER JEOPARDY,

may the defendant raise the defense of

former jeopardy to a verdict imposing a
severer punishment than on a previous
trial for the same offense, 20.

JUDICIAL SALES,

appraisement of real estate for judicial

sale or other disposal of property at pub-
lic vendue, 131.

FRAUD.
element of fraud in prosecutions for sending

false representations through the mails,
243.

JUDGMENTS,

distinction between collateral and direct at-

tack upon a judgment, 133.
is the judgment of a federal court a do-

mestic judgment, 152.
is losing party in a case estopped by com-

pliance with judgment, 226.
state cannot prohibit actions on judgments

recovered in sister state, 423.

GARNISHMENT,

garnishment of agent holding funds for

specific purpose, 358.

GOOD WILL,

JURIES,
protecting trade name and good will in pre-

right of women to serve as jurors, 205, 290.
vention of price-cutting in resale, 151.

additional instructions to juries after dis-

agreement urging them to reach a result,

95.
HIGHWAYS,

what is a highway-a discussion of Eng-
ligh decisions, 442.

LABOR UNIONS,

injunctions against illegal acts of striking

union men, 244.
HUMOR OF THE LAW,

14, 32, 50, 68, 88, 106, 126, 144, 162, 180, 200,

218, 236, 254, 272, 290, 308, 326, 344, 362, LANDLORD AND TENANT.
380, 398, 416, 434, 452.

is a lease to a saloon keeper void which

provides for termination if Sunday laws

are enforced, 96.
HUSBAND AND WIFE,

validity of provision for surrender by leg-
right of husband to acquire property by

see in oil leases on payment of one dol-
adverse possession as against his wife,

lar, 168.
57.

right of outgoing tenant to remove ma-

nure, 177.
ILLEGALITY,

eviction in failure by landlord to furnish
suits to recover property intended for il-

heat, 198.
legal use, 252.

is a covenant against assignment of lease

without landlord's consent extinguished

by consent once given, 210.
INCOME TAX,

sufficiency of service of notice to vacate by
see INHERITANCE TAX.

landlord, 445.
limitations on power of a state to tax in-

comes of non-residents, 277.
constitutionality of tax on incomes from

LARCENY,
securities nelu in trust outside the state,

is a street car passenger guilty of larceny
439.

for refusing to give up to the railroad
company a package found on the car,

332.
INHERITANCE TAX,

appropriating money given for a special
transfer tax not a tax which may be de-

purpose is larceny, 369.
ducted in computing federal income tax,

39.
should federal inheritance tax be deducted | LAST CLEAR CHANCE,
before computing state tax on inheritance,

see NEGLIGENCE.
415.

INJUNCTIONS,

injunctions against illegal acts of striking

union men, 244.

INSURANCE,

see FIRE INSURANCE.
see LIFE INSURANCE.
see SPRINKLER INSURANCE.

LAW AND LAWYERS,

the chief issue for 1920-the supremacy of

law, 1.
quantitativeness in law, 21.
higher fees for solicitors, 29.
the socialization of the law, 37.
rights of the people in industry, 67.
judge-made law, 139.
the supremacy of the law, 161.
unpublished law, 213.
the income of lawyers, 235.
the welter of reports and court opinions,

316.
the "gap" between the law and business

usage, 349.
work for the judicial section of the Amer-

ican Bar Association to do, 385.

INTOXICATING LIQUORS,

see CONSTITUTIONAL LAW.
constitutionality of war time prohibition,

2.
the present status of prohibition, 93.
enforcing the Volstead Act, 200.
construction of the 18th amendment, 241.
two words in the 18th amendment which

must be defined "concurrent" and "in-

toxicating, 264.
which definition of "concurrent power" will

the Supreme Court choose, 283.
legislative definition of constitutional terms

L'intoxicating liquors," 389.
meaning of the word "concurrent" in the

Eighteenth Amendment. 397.

LEGISLATURES,

how far can Congress or a state legislature

go in excluding duly elected representa-
tives, 73.

LIBEL AND SLANDER.

defamatory statements in pleadings given

currency.in newspapers.

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SEARCH AND SEIZURE

right to use evidence gained by unlawful

owner without responsibility o agent,
46.

search and seizure, 262,

SOCIALISM,

nationalization of English mines, 29.
the socialization of the law, 37.

WAR,

the record of the Rainbow Division in the

war as told by a lawyer, 298.

SPECIFIC PERFORMANCE,

WARRANTY,
specific performance where there has been

see COVENANTS.
material misrepresentation, 352.

WASTE,
SPRINKLER INSURANCE,

right of outgoing tenant to remove manure,
liability of insurer under sprinkler policy

177.
for loss of goods due to a wind storm,
225.

WATERS AND WATER COURSES,

liability for obstructing the natural flow
STOLEN PROPERTY,

of surface water, 24.
recovery of the value of stolen property

right of state to regulate distribution of
by action of assumpsit, 208.

water rights, 97.
liability of the owner of a reservoir for

breaking out of waters, 242.
STREET RAILWAYS.

liability of electric railway for injury to

boy coming in contact with live trolley | WEEKLY DIGEST OF IMPORTANT OPINIONS,
wire, 314.

15, 33, 51, 69, 88, 107, 127, 145, 163, 181, 201,

219, 237, 255, 273, 291, 309, 327, 345, 363,
TAXATION,

381, 399, 417, 435, 453.
see INCOME TAX.
see INHERITANCE TAX.

WILLS,
exemption from taxation of charities en-

odd wills and peculiar testators, 59.
gaged in selling merchandise for profit,

does the term "family" in a will include
74.
can Y be constitutionally taxed to provide a

a wife, 207.
farm for X, 367.

the right to enforce agreements testamen-
tary in character, 280.

is one who drew up a will estopped to re-
TELEGRAPHS AND TELEPHONES,

ceive the benefits of his own mistake,
applicability of the Interstate Commerce

298.
Act to telegraph companies, 370.

right of heirs to land devised for particular

charitable purposes not carried out by
TORT.

trustee, 315.
proximate cause in malicious tort, 378.

WOMAN SUFFRAGE,
TRADE-MARKS AND TRADE-NAMES,

are women by reason of being voters en-
trade-marks consisting in part of descrip-

titled to sit on the jury, 205.
tive words may be registered when ac-
companied by disclaimer, 441.

WORKMEN'S COMPENSATION LAWS,

awards in workmen's compensation cases of
TREATIES,

sums payable in monthly installments, 39.
validity of the migratory bird treaty, 19.

construction of phrase "arising out of the

employment" in compensation act cases,

where action is superinduced by natural
TRUSTS,

causes, 55.
“Massachusetts Trusts" as business com-

assault and injury inflicted by fellow-work-
panies, 50,

man in a quarrel within workmen's com-
right of heirs to land devised for particu-

pensation act, 151.
lar charitable purposes not carried out

a wife receiving separate maintenance can
by trustee, 315.

recover under workmen's compensation

act. 297.

does loss of hand result from loss of fingers
UNIFORM STATE LAWS.

under the workmen's compensation law,
progress of uniform state laws, 31.

387.

TO ALL THE “DIGESTS OF CURRENT OPINIONS” IN VOL. 90.

This subject-index contains a reference under its appropriate head to every digest of cur.
rent opinions which has appeared in the volume. The references, of course, are to the pages
upon which the digest may be found. There are no cross-references, but each digest is in-
dexed herein under that head for which it would most naturally occur to a searcher to look.
It will be understood that the page to which reference, by number, is made, may contain more
than one case on the subject under examination, and therefore the entire page in each instance
will necessarily have to be scanned in order to make effective and thorough search.

Action--Moot Case, 181; Replevin, 89.

Accord and Satisfaction--Acceptance of Check,

181. Receipt, 33.

Account Stated-Elements of, 181.

Banks and Banking-Bailment, 89; Bill of Lad-

ing, 345; Certificate of Stock, 107; Certifice-
tion, 435; Check to Officer, 345; Collection,
89, 219; Customer's Deposit, 181; Depositor,
127, 363. Double Liability, 33; Drawee Bank,
273, 345; Estoppel, 15, 107; Evidence, 291;
Forgery, 107, 127, 327; Garnishment, 399;
General Deposit, 309; Guarantor, 237; Im-
plied Warranty, 291; Insolvency, 15, 219;
Joint and Several Liability, 309; Liquida-
tion, 181; Misapplication, 291; Negligence
of Depositor, 345; Ordinary Care, 435; Pase
Book, 345; Pledge, 163. Secondary Liability,
89; Set Off, 381; Stoppage of Payment, 417;
Ultra Vires, 309; Trust Fund, 381.

Adverse Possession-Boundary Line, 15; Color

of Title, 51, 89, 107; Continuousness, 33;
Continuous Possession, 127; Dedication of
Way, 127; Encroachment, 69; Hostile Pos-
session, 181; Prescription, 33; Statute of
Limitation, 181; Wild Lands, 107.

Aliens-Anarchist, 33; Due Process of Law,

435.

Bastards—Civil Action, 51; Domicile, 237; Le-

gitimizing, 33; Paternity, 255.

Appearance-Voluntary, 219.

Beneficial Associations—Reinstatement, 255.

Assignments-Assigns, 51; Intervention, 237;

Notice by Mail, 69; Time Check, 89.

Assignments for Benefit of Creditors-Satisfac-

tion, 345.

Associations-Common Law, 33.

AttachmentConsolidation of Actions, 69;

Fraudulent Intent, 201; Ground of, 237; Lien
of, 237; Wrongful Attachment, 237.

Bills and Notes-Acceleration of Maturity, 1075,

Acceptance, 291; Accommodation Maker, 417;
Attorney Fee, 127; Bailee, 89; Burden of
Proof, 145; Consideration, 33, 127, 145, 163,
255; Contribution, 435. Corporate Seal, 51:
Delivery, 219; Drawee, 291; Equitable Own-
err, 309; Failure of Consideration, 15; For-
gery453; Good Faith, 255; Holder in Due
Course, 51, 69, 127; Holder for Value, 453;
Indorsement in Blank, 201; Indorser, 181,
381; Innocent Holder, 145; Interest, 278;
Lex Loci Contractus, 107: Lucid Interval,
201: Negotiability. 107. 145. 417: Negotia-
tion, 309; Non Est Factum, 327; Notice to
Holder, 51; Notice to Transferee, 255; Par-
ties Inter Sese, 219; Post Dated Check. 29
Production, 453; Promise to Accept, 51; Re-
indorsement, 163; Reasonable time, 15; Re-
purchase of Note, 219; Renewal, 255, 337.
399; Restrictive Indorsement, 145; Stipula-
tion, 453: Taking of Note. 453. Transfer.
363,435; Threat of Extortion, 399.

Attorney and Client-Cancellation, 435; Collu-

sion, 399; Disbarment, 89; Good Faith, 33;
Implied Authority, 15; Lien, 453; Wrongful
Discharge, 201.

Bail--Appeal and Error, 381; Recognizance, 15.

Bailment-Action by Bailee, 327; Bailee for

Hire, 33; Burden of Proof, 309; Gratuitous
Bailee, 15; Implied Agreement, 51; Ordinary
Care, 363.

Bonds-Consideration, 51.

Boundaries--Acquiescence, 309; Acquiescence in .

Fence, 237; Adjoining Landowners, 127;
Courses and Distances, 309; Monuments.
309; Public or Private Way, 107; Survey.
273, 399.

Breach of Marriage Promise-Mitigating Dame

ages, 453; Repetition of Promise, 309; Void
Promise, 453.

Bankruptcy-Adjudication, 363; Appeal and Er-

ror, 291; Attorney's Lien, 181; Bailee, 435;
Bulk Sales Act, 107; Burden of Proof, 327;
Composition, 15, 107; Constitutional Law,
291; Concealment, 363, 399, 435; Creditor,
327; Cross-Examination, 381; Discharge, 51,
89, 127, 327; Equitable Jurisdiction, 163;
Equitable Lien, 327; Estoppel, 201, 381; Ex-
cuse from Testifying, 33; Executory Con-
tract. 273: Exemptions, 435; Exemption of
Machinery, 201; False Pretenses, 399. Find-
ing by Referee, 327; Fixtures, 33: General
Assignment, 255; Homestead, 417; Ingol-
vency Law, 201, 435: Insurance, 89; Inter-
vention, 15; Jurisdiction, 381; Limitation of
Action, 15; Lis Pendens, 51; Notice of Claim,
255; Partnership, 417; Preference, 255, 291,
363, 435, 453; Priority, 89; Reclamation, 345,
417; Secured Debt, 145; Statutory Jurisdic-
tion, 237; Stockholders, 399; Summary Pro-
ceeding, 163; Tortfeasor, 181; Tracing Fund,
273; Trust, 453; Unpaid Stock, 453; Unre-
corded Mortgage, 201; Value of Assets, 435.

Bridges-Negligence, 453.

Brokers-Bringing About Sale, 145; Bringing

Parties Together, 163, 181; Burden of Proof,
127; Compensation, 89; Dual Agency, 89,
399; Exclusive Agency, 51, 399. Implication,
453; Licensing, 163; Procuring Cause, 163,
345; Producing Purchaser, 255; Quantum
Meruit, 435; Revocation, 399, 435; Statute
of Frauds, 107; Subagent, 237.

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