(e) effect of pardon of prior offense; (f) ef-
fect of appeal or writ of error to review
prior conviction; (g) effect of prior con-
viction in other state or country; (h) what
prior sentence must have been; (i) similar-
ity or identity of prior and subsequent
offenses; (j) procedure: (1) in general; (2)
pleas and admissions; (3) order of trial;
separating issues; (4) proof; (5) attacking
validity of prior conviction; (6) verdict
and judgment; (7) appeal or writ of error 398
Reduction of prisoner's term by allowance
for good behavior:-(I.) Constitutionality
of statute providing therefor; (II.) con-
struction and effect of statutes: (a) in gen-
eral; (b) Federal cases

Custom. See CARRIERS.
Death; how many distinct causes of action
arise from injuries resulting in death:-
(I.) Alternative action for death or injury:
(a) generally; (b) actions for death as af-
fected by release: (1) by injured party; (2)
by others; (3) by plaintiffs; (c) other
actions as a bar: (1) actions for the injury;
(2) other actions for the death; (d) multi-
plicity of actions for death; (e) bar of other
actions by limitation; (f) for death of in-
fants; (II.) concurrent actions for death
and injury

Debt. See IMPRISONMENT FOR DEBT.
Divorce. See HUSBAND AND WIFE.
Dower; as affected by insanity of husband
Drunkenness. See HUSBAND AND WIFE.
Electrical uses; grant of franchises to
electrical subway companies
Evidence; presumption against the de-
stroyer (spoliator) of evidence:-(I.) Where
a party fails to produce evidence after de-
mand or notice by the party entitled to
the production thereof; (II.) where a
party fails to introduce documentary
("the best.") evidence which would prop-
erly be a part of the case: (a) the rule
stated; (b) the substituted evidence; (c) the
rule and evidence in admiralty; (III.)
where a party adversely interested [de-
stroys or withholds evidence to which the
adversary' is entitled: (a) the rule; (b) the
proof; (c) the damages

509

788

369

rights; (IV.) as to community property;

(V.) as to property and rights of husband 223
Drunkenness as affecting divorce:-(L)
Drunkenness as a ground for divorce: (a)
provisions for; (b) what constitutes drunk-
enness; (c) degree of drunkenness auth-
orizing divorce; (d) pleadings and proof;
(e) defenses; (f) incidents and effects; (II.)
drunkenness as affecting eruel and inhu-
man treatment: (a) drunkenness as
cruelty; (b) drunkenness connected with
cruelty; (c) drunkenness as evidence of
cruelty; (III.) drunkenness as affecting
desertion

Divorce when husband or wife becomes in-
sane:-(I.) Insanity as a ground for divorce;
(II.) insanity as affecting adultery: (a) as a
ground for divorce; (b) as a defense to a
claim for alimony: (III.) insanity as affect-
ng abandonment and failure to support;
(IV.) insanity as affecting cruelty; (V.) the
defense; (VI.) actions on behalf of insane
persons
Allowance to husband from property held
by the wife in divorce cases:-(I.) Perma-
nent allowance; (II.) statutes; (III.) alimo-
ny pendente lite; (IV.) English cases
Enforcing payment of alimony as imprison-
ment for debt
Illegitimate children. See INCOMPETENT
PERSONS.

224 Imprisonment for debt; constitutionality
of imprisonment for debt:-(I.) General
extent and construction of constitutional
provisions; (II.) what are debts: (a) mean-
ing of the word "debt"; (b) in general; (c)
breach of promise to marry; (III.) action
founded on tort: (a) in general; (b) mesne
profits; (c) trespass; (d) fraud; (IV.) fines
and penalties as debts: (a) in general; (b)
fine imposed by city authority; (V.) taxes
as debts: (VI.) costs as debts: (a) debts in
civil actions; (b) not debts in civil actions;
(c) debts in criminal actions; (d) not debts
in criminal actions; (VII.) statutory, crim-
inal, or quasi-criminal cases; (VIII.) en-
forcing orders and' decrees of court: (a)
in general; (b) in decedents' estates; (c) in
admiralty; (d) alimony; (e) in bastardy; (f)
against officers of the court; (IX.) due
process of law; (X.) ne exeat; (XI.) debts
owing to the United States
Incompetent person. See also HUSBAND

581

Execution; imprisonment on, see IMPRISON-
MENT FOR DEBT.1

Ex post facto laws; as to nabitual crimi-

nals

399

Fines; imprisonment for, as imprisonment
for debt

AND WIFE.

Using lunatic's property to carry out his
presumed wishes or to fulfil his equitable
obligations in the absence of a legal auth-
ority:-(I.) Power generally; (II.) in sup-
port of his family; (III.) in support of ille-
gitimate children, etc.; (IV.) for allowan-
ces to persons entitled to inheritance; (V.)
for allowances to collateral relations: (VI.)
for allowances to persons not related;
(VII.) for charitable and religious pur-
poses; (VII.) to continue arrangements
made while sane
Judgment. See APPEAL; Corporations.
Landlord and tenant. See also MINES.
Liability of landlord for injury to tenant
from defect in premises:-Landlord not

449

161

110

665

634

274

297

GENERAL INDEX

ΤΟ

OPINIONS, NOTES AND BRIEFS.

(Separate Index to Notes precedes this.)

Farmers' Loan & T. Co. v. New York & N. R. Co. (N. Y.) 11. The evidence will not be examined on

See PARDON, NOTES AND appeal to ascertain whether it was sufficient to support the decision, when it is not all contained in the bill of exceptions. Greene v. Greene (Neb.)

283

not ground for reversal. Debney v. State | ney of record of the execution creditor, such (Neb.) 851 attorney has no authority as such to authorize 15. An instruction which was not influen- the clerk of the circuit court in his official catial because no finding was made on the point pacity to accept money on a judgment. Heninvolved therein by the jury, which rendered dry v. Benlisa (Fla.) a special verdict, is not ground for reversal. Louisville, N. A. & C. R. Co. v. Lynch (Ind.) 293 16. Applause at the conclusion of the address by the prosecuting attorney, which was not connived at by the prosecution, and was quickly suppressed and rebuked by the judge, is not ground for reversal where the record fails to show that it prejudiced the defendant, Debney v. State (Neb.)

851

Appeal; conclusiveness of prior deci sions on subsequent appeals:-(a) Generally; (b) where the prior decision is erroneous; (c) as applied to matters after remanding a case; (d) as to evidence; (e) as to party; (f) as to matters necessarily involved; (g) as to the matters of estoppel; (h) as to matters of jurisdiction; (2) as to defective appeals; (j) as to crossappeals; (k) where prior decision is not final; () as to matters of pleading; (m) as to injunctions and interlocutory orders; (n) as to questions which might have been made on prior appeal; (0) as to excessive verdicts; (p) change of court; (9) as to effect of dicta, (r) where the questions are different; (8) as to ambiguous decisions; (t) as to limited decisions; (u) as to decisions by a divided court; (e) statute and Constitution changing the rule; (a) rule in intermediate courts. 321

ARMY AND NAVY. See CIVIL SERVICE.

ASSIGNMENT. See ACTION OR SUIT, 2;
INSURANCE, 6, 7.

ATTACHMENT. See also STATUTES, 17.

The making of a false written statement as to financial ability, for the purpose of obtaining credit, does not make one liable to an attachment in favor of a creditor who had no knowledge of such statement until after the credit was given, under N. Y. Laws 1894, chap. 736, § 1. authorizing the granting of an attachment where defendant for the purpose of procuring credit makes a false statement in writing as to his financial responsibilities. Pen oyar v. Kelsey (N. Y.)

NOTES AND BRIEFS. Attachment; for false representations. ATTORNEYS.

248

BAGGAGE TRANSFER COMPANY.
See CARRIERS, 7, NOTES ANd Briefs.

BANKS, See also BONDS, 1, 2; IMPRISON-
MENT FOR DEBT, 1; NOTICE.

ceived by a bank after its officers know of its
1. Checks and drafts fraudulently re-
insolvency can be reclaimed if they can be
found and are not yet collected and credited
when the bank closes its doors. Bruner v.
First Nat. Bank (Tenn.)

532

3. The identical proceeds of a check or draft fraudulently received on deposit by an insolvent bank are sufficiently traced by the cluded in a fund paid over to the receiver of depositor when it appears that they are inthe bank by a correspondent as the proceeds of notice thereof to the correspondent. credits made after the bank failed, but before Id.

4. Fraud in receiving a deposit of checks or drafts after bank officials know that it is in

solvent will not give the depositor a preferential claim against assets in the hands of the receiver of the bank, if the bank before its failure had received the proceeds of such paper or credit therefor from a correspondent, although the bank had on hand when it failed and always after the deposits were made more than the amount thereof in cash.

Id.

5. Crediting checks and drafts to a bank which has failed, although done by a correspondent which does not yet know of the failure, cannot prejudice the rights of persons who deposited such paper in the insolvent bank to recover back their paper or its proceeds, when the deposit was received after the officers of the bank knew it to be insolvent. Id.

6. A credit for a draft given by one bank to another on the same day that the latter failed will not be presumed, in the absence of proof, to have been given after the failure in order to entitle one who deposited the draft in the insolvent bank after its officers knew it was insolvent to reclaim the proceeds of the draft out of the assets in preference to other creditors who seek to have them distributed pro rata. Klepper v. Cox (Tenn.)

NOTES AND BRIEFS.

536

Banks; trust in deposit in insolvent bank:Receiving deposit when insolvent a fraud; how 248 far trust exists; right to follow money; right to follow commercial paper.

11.

532

Although money made on execution BARBERS. See CONSTITUTIONAL LAW, can by the Florida statute be paid to an attor