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CURRENT TOPICS-Continued.
Page. CURRENT TOPICS-Continued.

Page.
Langtry, Mrs., is naturalized out of court...
122 will of Charles O'Conor construed...

482
Larremore, Chief Justice, credited with decision in

witnesses, informers as..

142
Ives case..

302
John B. McPherson on competency of

141
Latin; peculiar use of stare decisis. .

142
law business; decrease of; Virginia Law Journal on. 482

power of congressional commission of inquiry to
compel answers ..

262
law, study of;, best elementary books.

441
prisoners as; Central Law Journal on...

261
Law Lyrics
Lawrence

82
women; separate imprisonment from husbands
Fox, criticism on, in Harvard Law Re-
view...

521
Law School at Buffalo...

EMPLOYER'S NEGLIGENCE in fencing walks. 358

302
lawyers, arraignment of; by Argonaut.

EXTRADITION Rules of practice adopted by the

121
losing grip in politics...

Iuter-State Conference
162

220
Mr. Powderly on ...

3:22
pugnacious Southern

101 FIELD, DAVID DUDLEY, on ainelioration of the
libel; privileged publication; solicitors' letters copied

laws of war required by modern civilization..... 284
by clerks

521
Lubbock, Sir John, on Pleasures of Life..

161

HAGGERTY, WM A., on contributory negligence. 325
McPherson, John B., on competency of witnesses.

141

HALL, WINCHESTER, a reply to unanswerable
marriage; license bili

2, 41

objections to codification.....
naturalization out of court...

122
newspapers; Tribune on criminal administration.. 281
their treatment of Sharp case..

INSANITY: Butler, John S., on curability and treat-
301
411

ment...
obscenity in art and literature.

101
O'Conor, Charles, his will construed

482
Pacific Railroad investigation; power of commission JESUS: Arrest and trial of.

384
to compel answers froin witnesses..
262 JURY TRIAL: Justice Miller on.

540
Payn, James, on lawyers in politics. ,

* 162
perpetuating testimony; Ives case...

242

LEADING ARTICLES:
Personal Liberty Party

362, 421

amelioration of the laws of war required by modern
photography; instantaneous; as detective agency in

civilization, David Dudley Field on.
divorce case.

322
arrest and trial of Jesus, the.

384
Pinkney and Emmet; Mr. Proctor on...

482
Church, Chief Judge, L. B. Proctor on

4
plating gold and silver; recipe....

312
common words and phrases ...

244
poetry in house of lords

282
Prince's Mountain Trails and Parks in Colorado".. 502

contributory negligence, Wm. A. Haggerty on 324

elective judiciary in the great cities, the.
prisoners as witnesses.

261

future damages, Guy C. H. Corliss on.....
procedure; Justice Cave on.

84, 104
101

Grover, Martin, L B. Proctor on..
Proctor on Piokney, Emmet and Webster...

482

highway as a boundary, Charles C. Marshall on. 305
punishment; capital; London Lancet in favor of
hanging..

how far judgment against principal is evidence
5:21
against surety, Guy C. H. Corliss on

404
Railway and Corporation Law Journal; chides Al-

joint debtors, Guy H. Corliss on..

245, 265
bany Law Journal

141
lawyers, the bad..

140
reports, 61tb Mississippi..

441

officer de facto where there is no office, Guy C. H.
of New York Court of Appeals; cheap edition..

Corliss on.

506
Richard, Henry, papers on international arbitration. 402 old Dutch roads, John L. Melcher on.

5:23
Ringgold, Jas. T. on Sunday laws..

121
" Schoolmaster Abroad".

312, 382

reply to unanswerable objections to, by Winchester
Hall...

22+
secession; D. S. Troy pronounces it not treason.... 81

Thomas Addis Emmet and William Pinkney, L. B.
Selden Society, the.

501
Proctor on

464
Semmes, President, address to American Bar Asso-
ciation

181
sentences; cumulative.

501 MARSHALL, CHARLES C., on the highway as
Shakespeare; comments on Donnelly's Baconian

a boundary

305
cypher

181 MELCHER, JOHN L., on old Dutch roads... 6:23
Sharp, Jacob, conviction of
21 MILLER, MŘ JUSTICE, on jury trial..

540
motion for stay.

101
comments on grant of stay..
181, 281, 301 NEW YORK LETTER.....

298
action of N. Y. City Bar Association..

321 NOTES:
argument in Court of Appeals...

361
beer; dilution" of..

200
decision in Court of Appeals..
442, 461 codification, growth of

80
Smith, Henry, portrait of....
482 Confederate States had no Supreme Court.

100
Soule, Chas. C., his catalogue.
362 drummers, Judge Hammond on

160
State library; editor overbears conversations at 102 Field, Mr. Justice, refuses to sign a railway ticket .. 99
stenographers in Euglish courts
321 Jefferson, Thomas, as a legislator..

500
study of law; best elementary books.
442 will; singular provisions...

120
suicide; punishment as a crime

422
Suoday observance: • personal liberty" party. 362 OBITUARY: Vanderpoel, Aaron J

179
relaxation in Massachusetts.

401
Jas. T. Ringgold on law of.
121 PERILS OF AN EASY SHAVE, the....

178
Supreme Court rules; revision.

302
Supreme Court of the United States; article in POEMS:
American Magazine
141 Consolations of a cross old lawyer..

160
Texas Court of Appeals; rhetoric of its reporters 42 Editor has the conceit taken out of him...
Texas; its civilization..
202 Jail window

200
Thacher, Solon 0., on higher law.
61 Nicotine habit, the

481
tobacco; is it a necessary ?.
481 Six Fellows, the

99
Townshend, John, his catalogue of hooks relating to

Vane, the

381
disposal of bodies and perpetuating memories of PROCTOR, L. B., on Chief Judge Church and Martin
the dead..

Grover ...

4
treason; D. S. Troy on.

81

on Thomas Addis Emmet and William Pinkney. 464
Troy, D. S., on secession and treason.

81
United States Annual Digest, 1886.
RUSSELL, SIR CHARLES C....

199
vacation
Virgil; Lord Justice Bowen's translation.

402 SERVANTS' WAGES DURING ILLNESS.. 399
Virginia Law Journal on Texas Court of Appeals 121 SHARP CASE, the ...

318
war; David Dudley Field on amelioration of.... 301
Webster and Pinkney; Mr. Proctor on
489 WAITE, CHIEF JUSTICE

479
Wharton's International Digest...

501

remarks by, at breakfast of Philadelphia Bar.... 318

22

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ABSTRACTS, CASES IN FULL AND NOTES OF CASES.

...: 173

Page.
ABATEMENT. Death of party; substitution of ad-
ministratrix; certiorari.....

49
Breach of promise to marry.

223
Slander of title; death of plaintiff..

90
-: injury to property..

132
ACTION. Assumpsit; money had and received.. 331

Contract; joint liability..
AGENCY Accounting; negligence; right to termi-
Date agency.

470
Appointinent; liability of principal.....

14
Factor's act: good faith; warehouseman..

94
Liability of principal; scope of agent's authority.. 94
Set-off; sale by agent; notice; executory contract....
APPEAL. Decision upon facts below..

172
Issue...

156
Jurisdictional amount; counter-claim

170
Limitation of time

532
Objection.

172
-- not raised below.

49
Presumption..

95
Review; exception not taken below.....
What reviewable; record.

512
When lies; interlocutory decree; what reviewable.
aggrieved by judgment.

170
ARMY Officer; court-martial; sentence; approval by
president.

35
ARREST. Discharge: satisfaction of cause of action. 377
ASSAULT AND BATTERY. Consent to fight;

mitigation..
Struggle for possession of railroad; damages

96
ASSIGNMENT FOR BENEFIT OF CRED-

ITORS. Giving assignee discretion as to sale;
validity

394
Firin and individual delts; fraud; evidence; implied
provision...
Mortgage; retention of possession ; preferences; pay-
meot of loans.

97
ASSOCIATIONS. Board of trade; expulsion of
members

395
ATTORNEY AND CLIENT. Compensation; un-
reasonable..

144
Llen; transfer pending suit; priority; indemnity;
breach..

170

3

CARRIERS-Continued.

Page
Inter-State Commerce Act; long and short haul; com-
petition; passes

214
Negligence; joint enterprise.

97
i passenger on band car.

484
Passenger; due care; question for jury

395
--; liability for negligence.

433
; loss of baggage ; refusal to stop.......

475
Railroads ; duty to light station....
; duties of passengers.

51
Sleeping car company; liability for baggage .

522
Tickets; requiring passenger's signature; waiver of
condition.

196
Wrongful delivery ; liability; notice..

456
CERTIORARI. Return; presumption..

376
What is reviewable ; question of fact; municipal cor-

porations; fire department: removal of officer. 156
COLLATERALS. Discharge of, in ignorance... 423
COMPROMISE. Validity; fraud.

76
CONFLICT OF LAWS Attachment; bill of sale

of canal boat: practice: stipulation; scope of; appeal. 473
Comity; sale of intoxicating liquors..

111
Death by negligence.....

82
Interest...

49
CONSTITUTIONAL LAW. i Adulteration ;
watering milk.

170
Communicated fires; railroad...

11
de facto officers; election under inconstitutional act;
county supervisors.

194
Elective franchise; naturalization; registration..... 69
Eminent domain; street elevated railroads

64
Evidence; reputation....

116
Excise; local option..

6
Federal question; challenge of jurors for opinions;

cross-examination of accused; failure to claim priv-
ilege.

450
Fourteenth amendment; bastardy

235
Inter-State commerce; licensing locomotive engineers. 335
: telegraphic messages.

67
License taxes; inter-State commerce.

174
Police power; liquor license; restraint of trade

57
Power to "regulate commerce;" inter-State bridge... 371
Prohibition of bicycles on highways...

62
manufacture of intoxicants for beverage; con-
struction...

23
Prohibition of manufacture of intoxicating liquors ;
liquor manufactured before passage of act..

503
Prohibitory liquor law...

525
-commerce

368
Statute; commerce.

116
--; title..

492
See Elections: Eminent Domain.
CONTEMPT. Insinuating that court would be cor-
ruptly influenced...

457
CONTRACT. Construction; sale; pledge; factors;
documents of title; delivery; factor's act.....

234
Mistake; right to rescind

243
Performance; pleading: presumption ; waiver of ob-
jection.

456
Public policy; agreement for "lobby services."

496
; agreement to secure location of post-office

495
; restraint of trade; injunction; breach of contract. 430
Restraint of trade
; no limit of time.

197
Sale of liquor on premises

458
Unconsciouable: relief from hard bargain..

236
Weekly board : deductions for absence.

257
COPYRIGHT. Piracy; directory.

76
In university lectures

291
CORPORATION. Action by; refusal of directors
to bring..

16
By-laws; what constitutes majority

236
Gist of stock aud bonds; liability of stockholder.. 171

BAILMENT. Deposit ; ordinary diligence; use by
bailee

444
Gratuitous depositary of money.

See Carriers.
BANKRUPTCY. Discharge; effect upon judgment;
stay

51
Discharge of partner; effect; cancellation of judgment. 433
-; new promise

56
Fraudulent preference; actual fraud; indorser's re-
lease

170
Property held adversely ; limitation,

35
BANKS. Exchange accounts; certified drafts. 50
Frand in sale of bank stock; ownership .

393
Taxation ; constitutionality.

514
Unindorsed (herk: liability of bank

491
BILLS AND NOTES See Negotiable Instrument.
BONDS. Maturity; default in interest payments;

bona fide purchaser; burden of proof; presumption. 130
BOUNTY.' County indebtedness; extension of debt. 411
CARRIERS. Action against; parties; connecting
lines; bill of lading: previous agreement...

130
Bill of lading; warehousemen ; knowledge of agent. 35
Expulsion of mother and cbild; balf-fare tickets ;
damages

115
Gratuitous bailment.

196
Injury to passengers; alighting from car; liability..... 131

Vol. 36.

433

151
95

CORPORATION-Continued.
*Page.

Page.
Imitation of names; duty of secretary of State to ro- EMINENT DOMAIN. Compensation ; evidence... 388
fuse incorporation.

165
** Taking
for public use.

278
Liability for conspiracy.

235 ESCHEAT. See Constitutional Law.
of stockholder; limitation of actions

474
ESTOPPEL. To deny title; pleading..

434
Pledged stock; who may vote on....
486 EVIDENCE. Account book.

472
Report of stauding; Jiability of trustees; penal statutes. 156 Custom of trade

16
Sale of stock; implied warranty.
77 Declarations of grantor..

79
Shares in American company: title to certificates; in-

of agent ; res gestã.

202, 347
dorsement of transfers in blank; American law;

res geslæ ; negligence; trial; objection to evidence;
usage: fraud of broker; estoppel...

349 witness; impeachment; incompetent evidence.. 474
COSTS Action against municipal corporation; de- Party's declarations confirming his testimony..

79
mand; fiscal officer.

235
as to suffering....

118
Extra allowance ; percentage of amount involved; ap- Expert; covering for deck cargo

14
peal.
456 Extrinsic; description in will...

217
Serurity; suing as poor person; practice.
171 Negligence; subsequent repairs..

459
COUNTIES Treasurer ; fees; audit; injunction 51 Opinion of attorney

435
Unauthorized loan; action for money had and re- Practical test; thrusting pin into paralyzed side.. 313
ceived ..

Witness; cross-examination; harmless error..... 71
CRIMINAL LAW. Abortion; indictment; sumi-

See Witness.
ciency...

197 EXECUTION. Against the person; discharge; final
Appeal; insanity; weight of evidence; homicide; pre-

process; appeal...

52
meditation..

195

EXECUTOR AND ADMINISTRATOR. AC-
; presuinptions; correction of judgment; new trial. 376 counting; when enforced..

52
Arson ; setting fire to church

117 Appointment of public administrator ; citation ; ap-
:-; intent; burning jail to escape.

236

pearance; appointment; when made; revocation;
Burglary; "building
116 costs.

533
; character of building...
57 Liability; costs....

491
Concealed weapons...

163
-; defective pistol.

163
Conspiracy; boycotting..

FERRIES. Rights in New York Harbor

9
Evidence; corroboration of accomplice

New York City ; exclusive right; what is a ferry..

132
--; declaration; homicide....

FRAUD. Uvdue influence; sister of mercy and su-

197
; of return after flight..

perior of convent; gifts to convent; absence of in-

303
Express agent delivering intoxicating liquors without

dependent advice; laches ; acquiescence..

297
knowledge of their contents...

102
False pretenses ; larceny; indictment...
412 GIFT. Inter vivos; delivery...

133
Furgery; evidence; cross-examination; appeal; ob-

Promissory note; intended transfer.

897
jection waived..
376 GUARANTY.' Collectibility of note..

330
Larceny; felonious intent; instruction.
379 When notice of acceptance unnecessary.

134
-; false representations; iudictment; province of GUARDIAN. Recovery of real property; employ-
jury: evidence; review of action of grand jury; de-

ment of attorney; compensation; assistant..

52
scription of property; variance; instructions; cor-

Sale; contingent remainder; "seised;" estate of de-
rectness as a whole; evidence, documentary; com-

cedent; creditors ; rights in real estate ; limitations. 196
plaint in former suit....

532
Homicide; duty to retreat.

258

HIGHWAY. Establishment; prescription ; dedica-
; exposure to cold

237
tion ; liability of selectman for trespass....

313
-; insanity; proper rule of responsibility.. 249, 326, 496 HOMESTEAD. Leased lot.

379
Indictment; dotting wrong letter..

183
sufficiency; matters of form.

491
infamous offense....

315 ICE. Navigable rivers; rights of public, gatherers and
Joinder of misdemeanors; distinct sales of intoxicat-

travellers ; negligence..
ing liquors

510 INFANT. Necessaries; infant; already amply sup-
Jurisdiction; homicide of escaping prisoner by military plied

283
guard...

308

See Criminal Law; Parent and Child.
Moral insanity
316 INJUNCTIONBond; breach of..

497
Nuisance; rendering factory...

396 Duty of Federal Court to issue in removed cause ;
Rape; declarations of prosecutrix; delay.
257 irreparable injury

398
; force or fraud; chloroform..
82 Irreparable injury

316
; male infant under fourteen; presumption.. 463 INNKEEPER. Duty to protect guest from assault
Sale by agent; wife or concubine..
354 by other guests.

342
of beer for manufacture of soda water.
458 Liability for goods stolen ; failure to bolt door.

448
Search-warrant; execution at night.....

478 INSANITY. See Lunatic.
“Sending" indecent letter...

INSURANCE. Accident; death by act of third per-
Statute; fornication; "unmarried".

278
son .

18
Teacher whipping scholar for misconduct out of school. 163 ; due diligence for personal safety; burden of
Trespass; picking mushrooms...

497
proof.....

127
Trial; defendant's presence...

78

"external, violent and accidental;” malignant
; exclusion of spectators...
316 pustule..

122
exclusion of witness from court-room ; effect of

** external and visible signs; ” inhaling of gas. 262
disobeying order.
217 --; "travelling;” indemnity

183
-; remarks by counsel.

395
i proofs; waiver; agency.

72
Variance ; name..
478 Antedated policy; loss before contract..

135
Willful or malicious damage to realty; picking mush- Apportionment; indivisible contract..

118
rooms.
132 Beneficiary ; effect of divorce..

537
CUSTOM DUTIES. Appraisals; rosaries
56 Broker ; cancellation of policy; notice.

52
Fire; condition in policy ; alienation...

136
DAMAGES. Measure ; taking marble from quarry.. 536 --; forfeiture; increase of risk

414
Nominal; personal injuries....

Friendly society; sickuess; old age; natural decay 134
DEED. Description ; what passes under..

434 Life ; breach of condition; habitual intemperance 55
house extending upon adjoining lot.

157 -; condition that insured shall not neglect his Easter
For certain purposes; condition subsequent..
156 duties

284
Limitation ; for use of road..

303
; endowinent; forfeiture

398
Married woman's acknowledgment; clerical error.... 443 ; interest; assignment; on life of assignor..

83
Nominal consideration ; subsequent valuable con-

; wagering policy...

17
sideration; performance....

294 | revival of lapsed policy ; application; representa-
Quit-claim; bona fide purchaser.

238 tions ; "disease; cold; consulting physician. 135
Stipulation as to quantity of land; covenant.
537 Limitation of action; condition of policy.

435
DEFINITION Girl

64 Marine; mutual indemnity association;

• improper
DIVORCE. See Marriage.

navigation;" loading ; port inefficiently closed 238
DURESS. Mortgage; threat of criminal prosecution; --; steamboats; perils of navigation : negligence of
statute of limitation ; action to quiet title; Code N.

captain ; defective machinery ; total loss

514
Y., S 362.

491 Premium; gross sum ; contract; entire; severable..... 136
Cse of premises ; description of property..

337
EASEMENT. Implied, in street on sale of lot by Warranty; agent writing application; pon-occupancy. 171
reference to plat

243
; representation

46
EJECTMENT. Evidence of title; mortgage; adverse What capable of: insurance on royalty contract; dam-
possession; presumption; infants' lands.
157 ages : evidence

413
Parties; infant remaindermen....

INTOXICATING LIQUORS. Sold by retail;
ELECTIONS: Registration law; constitutionality.. 444 • selling in properly tvarked measure...

136
Voters; domicile; public institutions....
434 Cider...

498
-; student at college..

483

See Criminal Law.

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INDEX-DIGEST TO ABSTRACTS, ETC.

545

436

:

Page.

Page
JUDGE. Disqualification; power to sit in general MUNICIPAL CORPORATIONS. Actions
term ; appeal; discretion..
512 against; service of process upon mayor....

419
JUDGMENT. By confession; amendment; discre- Claims against; presentation of....

513
tion of court....
52 Defective streets ; liability.

98
By default; conclusiveness; estoppel; mandamus 55 -- ; loose bricks in sidewalk; contributory negligence. 410
--; setting aside...

; snow and ice......
Foreign; evidence
49 Eminent domain; contract with railrond company.... 15

258
Lien; decedents' estate; executors; power to employ Fire department; inspectiou of buildings; election of
counsel.

52
members......

415
Res adjudicata; creditor's bill; receivers..

196 Liability for negligence; bridge between two cities 513
; effect.
492 Nuisance; town liability for; ultra vires....

176
; evidence; parol; parties to contract..
414 Officers; removal....

376
- validity of railroad bonds....

Ordinance; reasonableness..

420
Revivor against decedent's estate; limitation; pre-

; removing night soil...

36
suinption of payment; death of judgment debtor; Power of commissioners of fire department to remove
acknowledgment of indebtedness..
492 member...

351
Setting aside; insane person...

SO Right to judge of qualifications and election of mem-
JURISDICTION. New York Superior Court; evi-

bers of council.

382
dence; inference of witness...
53 Sewer; nuisance; damage...

420
See Appeal.
Street railroads.

533
JURY. Juror's fees....

239

Water rates; validity of assessment; notice; voluntary
One serving in name of another.
323 payment

172
Personal claim to exemption from duty; service in
confederate navy....

183

NEGLIGENCE. Contributory; coupling cars; in-
Right to trial by..

512 struction; knowledge
JUSTICE OF PEACE. Liability for false im-

50
Building; contractor.

176
prisonment.

294
Contributory; of infant...

36

; passenger at railway station walking in dark..... 139
LANDLORD AND TENANT. Coal hole in side-

; railroad crossing...

431
Walk; liability of landlord.

304 Dangerous premises; open hatch-way on boat; custom. 175
First floor of building; outside wall; signs; underlet- Defective public wharf; landlord and tenant...
ting..
137 Employment of ship surgeon...

493
Liability of landlord to keep premises in repair. 517 Evidence of previous accidents..

463
"fault” of tenant
255 Fellow-servant; independent contractor.

258
for tenant's nuisance; renewal of lease.

354 Imputable; driver of another private carriage.. 363
LIBEL AND SLANDER. Disparagement of prop-

Livery stable keepers; liability of birer for negligent
erty
18 driving..

139
Evidence; meaning of words
325 of poorinaster; care of lunatic.

5:23
Joke...

Railway turn table; infant trespasser...

103
Mercantile agency; privileged communication. 226 ; permission to cross track ; torpedo...

145
Privileged communication; discharged lists; malice 91

; evidence; nou-suit; rate of speed; statutory regu-
When witness liable for..

502 lation; photographs: appeal; review of evidence.. 416
LIS PENDENS. When a bar; election..
377 Street railways; use of street.

14
LIVERY STABLE KEEPER. Duty in case of

See Carriers; Master and Servant; Railroads.
sick horse.

258 NEGOTIABLE INSTRUMENT. Accommoda-
; lien..
137 tion indorser; usury: estoppel

95
LUNATIC. Responsibility of his own estate for his

; when overdue, subject to equities

282
wrongful homicide.

402 Bank check : what constitutes ; negotiability; laches. 511
See Criminal Law ; Judgment.

Bona fide purchaser; equities : future consideration.. 136
Duress; effect of; knowledge of third parties..

449
MARRIAGE. Adultery: pending appeal from judg-

Lost; certificate of deposit; title.......
ment of divorce; subsequent reversal.

264
Mailing notice ; street letter box..

176
Antenuptial contract; construction; contingent pro-

Maker and indorser insolvent; rule as to dividends
vision .....

from their estate
53

443
-; statute of frauds..

Transfer after maturity; demand.
19

136

-; estoppel of maker of note by representations to
to relinquish dower.

343
At common law; invalid; statute..

purchaser

296
Contract between husband and wife; contingency of

NEW TRIAL. For improper comments of judge... 143
survivorship

NUISANCE Abatement before injunction; keeping

492
Dower: devise in lieu of; election

animals; unsightly building...
174

383
Fraudulent promotion of; liability of third person;

Explosion of boiler of unlicensed steamboat.

403
action by issue of marriage

Keeping bees; injunction.....
467

364
Legitimacy; access; presumption of law; evidence to

Municipal corporations; town liability for; ultra vires. 176
rebut presumption..

Ordinance; removing night soil.
295

36
Liability of wise on joint note; partnership...

Railroad ; inviting profanity.
109

592
Separate estate; joinder in conveyance; acknowledge

Soot from smoke-stack ; abatement.

19
ment; impeachment of; receiver; liability to account. 534

Steam-planing mill near dwelling house..

168
Validity; bigamous relations; divorce; presumption

See Water and Water-Courses.
thereafter...

269
See Parent and Child.

OFFICE AND OFFICER. Action on bond; con-
MASTER AND SERVANT. Carrier; passengers;

tract iiability...

515
scope of employment
418 Incompatible offices.

37
Discharge; drunkenness not affectiug capacity
43 Officer de jure; removal ; salary..

296
Livery stable keeper; liability for horse on board. 295
Negligence; proof..

415 PARENT AND CHILD. Earnings of child; con-
of vice principal; contributory negligence. 19, 57 sideration for deed; war bounty..

31
-; risk of employment; negligence of fellow-servant. 157 Neglected child; commitment; complaint; notice ;
; coupling cars

175

habeas corpus; return to writ; traverse ; demurrer.. 435
Railroad: scope of employment..
145 Mother's obligation to support: divorce

99
MISTAKE. of law ; reformation

44

Person in loco parentis : action for services..
MORTGAGE. Chattel; mortgagee taking posses-

364

PARTNERSHIP. What constitutes; agreement
sion; assisted by officer..

128

between firms
; recording after assignment for benefit of cred-

498

Dissolution by conduct.
itors; validity...
424

475

Firm and individual creditors: execution; subrogation;
-; validity ; possession
33 Code Civil Procedure, $ 1369..

53
Covenant to pay taxes; breach..

492 Power of partner; sale of entire stock; assent.
Foreclosure; parties.
157

164

Real estate: conveyance by surviving partner..
-; surplus; parties, pleading and proofs; statute of

391

PARTY WALL. Liability of grantee to pay pro-
limitation; pew trial; appeal; presumption... 512 portion of cost.
Lien; vendor's lien; burden of showing fraud

537
513 PATENT. License fees; invalidity; contract; con:
Sale of premises; assumption of mortgage ; liability of

sideration
purchaser; measure of damage...

172
235 Process; novelty; driven wells; anticipation by
See Railroads.
publication..

15
MUNICIPAL BONDS. Taxation; sinking fund; Public use: consent of patentee...

515
duty of country treasurer; petition; constitutional PHYSICIAN. Recovery for services..
law.
72

279

PLEADING. Usury...
For railroad aid; ipvalidity ; compliance with statute;

95
POST-OFFICE. Stealing and embezzling mail mat-
extension of time; liability for putting on market;

ter; decoy.

119
constitutionalty ..

492 PRINCIPAL AND AGENT. See Agency.

178
239

Page. STATUTE OF LIMITATIONS-Continued. Page.
PUBLIC LANDS. State grants ; disputed boundary Permissive possession of mortgaged chattels

439
line.
475 Sufficiency of new promise

204
Patent; fraud; bona fide purchaser..

535

See Time.
SUBROGATION. Mortgage ; release..

54
RAILROADS: Assault upon passenger by stranger. 538
Construction of road; Laws of New York 1875, chap. TAXATION. Unauthorized sale of land ; transfer
606, § 1...

354 of lien
Contract with ; liability of successor..

120
516 Certiorari.

196
Crossing; yard; injunction...

20

Constitutional law ; discrimination ; national bank
Discrimination in freights..

176
stock; legislative power; remedial statute...

73
Dissolution; lease; ulira vires; mortgage of road; in-

Exemption; schools

518
como; mortgage bonds; rights of holders...

493
; tools ; printing press..........

39
Duties to passengers; contributory negligence...
355 Property..

76
Elevated; damages...
172 Tax roll; verification ; curing defect.

172
Liability for injury to adjacent property by operating. 29 National bank stock; uniformity; valuation; rule of

for negligence; surrendering road to trustee.. 438 assessors; relief
of lessor for negligence...

438 TELEGRAPH. Errorin message ; negligence; lim-
; condition of premises

37 iting liability ; repeating message; contract ; rights
Negligence; fires....
538 of parties..

311
-; trespasser on track.
176 Limitation of liability: notice

124
Salaries of commissioners; apportionment between Wires in street ; invasion of property.

384
companies

158 TIME: _How computed; statute of limitations... 203
Street; ordinance; duty to repair street; rights of city. 176 TRADE-MARK. " Benedictine"; assignment;
See Carrier; Master and Servant ; Municipal Corporations; alienage.

364
Nuisance; Receiver.
"Celluloid”; “cellopite”

125
RECEIVER. Corporation; judgment against; re- Cigar-makers' union; capacity to sue ..

538
versal and new trial; effect on assets of receiver; Infringement; “golden crown * golden chain
estoppel by judgment..

435 "Guaranteed"; exclusive user; injunction...
Issue of certificates for labor; postponement of mort- Label; what will be protected...

337
gage lien ; expenses of receivership; reorganization. 393 Misrepresentation; "dressing up goods; cigars; repre-
Lease of property; modification of order
377 sentation as to foreign manufacture,

355
of railroad company; power to contract debts; equity “Monserrat lime-fruit juice

440
jurisdiction; sale; consolidation of corporations. 494 TRIAL. Comments of counsel..

219
RECORDS. Public; mandamus; claims of private Preliminary examination of party; Code Civ. Proc.,
parties to copy entire records...
428 N. Y., &$ 870-873.

172
REFEREE Fee; stipulation; oral agreement... 54 Province of jury; notice, evidence....
RELIGIOUS SOCIETIES. Sale of property; Reading law to jury..

297
trust; consent of presbytery; church meeting; want TREATIES. Customs duties ; most favored nation
of register.
172 Clause..

15
REMOVAL OF CAUSE. Railroad; incorporation; TRESPASS. Interference with employees; liability
different States....
72 for acts of others...

63
Replevin; bond; consideration.
54 TRUST. Charity; creation of; validity.

113

Life estate; reversion; effect of quit-claim deed... 173
SALE. Acceptance; warranty

95 Power of sale; Rev. Stat., N. Y., 729, SS 47, 49; invalid
Breach of warranty; pleading and proof; scienter;

execution.

14
evidence.
97 Regulations; reasonableness

37
By sample; warranty implied; latent defect..

288
Delivery; condition for prompt shipment..

34 VENDOR AND PURCHASER. Contract; risk. 58
tender of payment; entirety; auction sales; Purchaser; action to recover earnest money; failure
breach of contract of sale.

534 of title ; liability for decedent's debts; specific per-
Fraudulent misrepresentation; stock; rescission... 54 formance

435
Stoppage in transit; delivery on board ship

446 VENDOR'S LIEN. Mortgage; priority; good faith;
Vesting title; selection..
177 burden of proof.....

72
--; executory contract; estoppel; acceptance of new
party: insolvency.

416 WAREHOUSEMAN. Negligence ; delay in ship-
SCHOOLS. Contracts of trustees; liability of school

ping : danger of fire ; proximate cause..

58
funds ...
494 Fraudulent recei bona fide ple gee.

356
SET-OFF AND COUNTER-CLAIM." Action WAY. Private right of: gates.

443
growing out of contract declared on..

435 WATER AND WATER-COURSE. Mills; ob-
SEAL. What is...

struction of stream ...

166
SHERIFF Action against; justification

120 Navigable waters; exaction of tolls; constitutional
SHIP AND SHIPPING. Liability of joint owners

law...

517
for care of seamen

485 Nuisance; flow of polluted water; who liable. 356
Salvage; contract; waiver of salvage claim
477 Obstruction; liability

178
services; burning vessel

280 Riparian rights; submersion of land ; recession of
SPECIFIC PERFORMANCE. Certainty of con-

Steam; accretion and reliction

338
tract; conditions...

408

Diversion of spring; damages ; trial; objection; limi-
Opening decree ; deterioration of land
54 tation.

96
When not enforceable

177 Liability of town for damages to well by construction
See Vendor and Purchaser.
of sewer

40
STATUTE. Amendment; repealing effect; penal- WHARFAGE. Right to charge; lien ; waiver; cus-
tius..
14

317
"Insulting words toward female relative;

ligon of a WILL Burden of proof of incapacity.
bitch"
183 Construction ; codicil; release of indebtedness..

4775
Interstate commerce act; long and short haul clause. 222 * Heirs

538
Prohibiting runners in villages ; soliciting custom oli Devise to bastard children ; public policy:

344
private premises...

162
Erroneous description

539
Salary “due or to become due

423 Executory devise; conditional estate
See Constitutional Law.
Oral contract to make ; consideration

357
STATUTE OF FRAUDS. Agreement relating to WITNESS. Accomplice; aiding escape.

220
land; stone quarry.

38 Adulteration; sale of milk; intent; new trial; instruc-
Contract of service for a year
517 tion ; materiality

196
STATUTE OF LIMITATIONS. Acknowledg- Decoys...

323
ment; new promise

Expert; refusal to answer ; fees

199
Avoiding bar; partial admission
178 Infamy; pardon; credit

463
As between executor and legatee...

233 Oath; form of in case of heathen..
Fraud ; discovery ; pleading; variance

475 Privileged communications; credibility: impeachment. 195
Part payment; judgment..
14 Order of separation ; disobedience of order

357

tom ...

484

73

142

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