Adverse possession; to flats
Almanac; as evidence
Animals; property rights in dogs:-(I.) Gen-
erally; (II.) actions of trover, replevín,
and trespass; (III.) actions against com-
mon carriers: (IV.) actions for injuries to
dogs by railroad and street cars; (V.) right
to kill dogs: (a) police power; (b) unlaw-
fully killing dogs; (c) barking and howl-
ing dogs; (d) dangerous dogs; (e) trespass-
ing dogs; (f) sheep killing dogs; (g) dogs
chasing other animals; (h) dogs "at large;"
(i) killing a dog by mistake; (VI.) criminal
actions for injuries to dogs; (VII.) larceny
and obtaining a dog by false pretenses;
(VIII.) value; (IX.) as to license and tax
laws: (a) generally; (b) taking property
without due process of law

Associations. See SYNDICATES.
Bees; property rights in:-(I.) Generally; (II.)
trespass and trover; (III.) larceny; (IV.)
tithes

394
553

Contracts; acceptance of

Corporations; contract by chief stockhold-

Scientific books and treatises as evidence:
-(I.) Exact sciences: (a) general rule as
to admissibility; (b) tables of expectancy
of life: (1) admissibility generally; (2) in
accident cases; (3) in other cases gener-
ally; (4) conclusiveness and effect; (c) the
almanac; (II.) inexact sciences: (a) gen-
eral rule as to admissibility; (b) reasons
for the rule; (c) the contrary rule; (d)
opinious founded on books; (e) use of, on
examination; (f) use of, to sustain or dis-
credit expert; (g) use of, on cross-exami-
nation; (h) use of, in argument; (III.) law;
(IV.) miscellaneous matters
Presumptions as to sanity at time of mar-
riage
Executors and administrators; right
to rents on lease of intestate's property:-
(I.) Classification by states; (II.) English
cases: (a) form of lease; (b) apportion-
ment; (c) summary of English cases; (III.)
summary as to rents accruing during
owner's life; (IV.) summary as to rents
accruing after owner's death: (a) rights of
heir, (b) rights of administrator: (1) by
statute; (2) in a foreign state; (c) liability

of administrator: (1) generally; (2) for use
and occupation; (3) accounting and sure-
ties; (d) rights of creditors; (e) apportion-
ment

What assets pass to the administrator de
bonis non :--(L.) Generally; (II.) the rule in
the different states; (III.) summary: (a)
goods remaining in specie; (b) choses in
action; (c) avoiding sales or transfers
made by predecessor; (d) rule at common
law: (1) where assets have been converted
by predecessor; (2) where there is a devas-
tavit; (3) requiring the predecessor to ac-
count; (4) money and balance due from
predecessor; (e) where the common-law
rule has been changed by statute: (1)
where assets have been converted by
predecessor; (2) where there is a devastavit;
(3) requiring the predecessor to account;
(4) money and balance due from prede-

cessor

Fence; liability for the malicious erection of
a fence:-(I.) Introduction; (II.) malice
gives no ground of action; (III.) contrary
doctrine; (IV.) state statutes and decisions
thereunder

321

33

177

Fisheries; right of, separated from upland 393
Husband and wife; marriage of person
when insane:-(I.) Invalidity of; (II.) de-
gree of incapacity which will affect; (III.)
test of capacity to contract; (IV.) test of
capacity to know the nature of the act;
(V.) incapacity combined with fraud; (VI.)
incapacity as a ground for divorce; (VII.)
ratification and waiver of right to attack;
(VIII.) evidence of incapacity: (a) pre-
sumption and burden of proof; (b) suffi-
ciency, weight, and admissibility; (c) effect
of inquisition; (IX.) annulment: (a) ne-
cessity of decree for; (b) jurisdiction; pro-
cedure; (c) effect
Hypnotism; (I.) Nature of subject; (II.) de-

737

finition; (III.) its existence and effect gen-
erally; (IV.) its use in procuring the com-
mission of crime; (V.) its use in procur-
ing submission to criminal acts or attacks;
(VI.) its use as an inquisitorial agent;
(VII.) its curative uses; propriety of re-
straint
269

Incompetent persons. See HUSBAND

AND WIFE; HYPNOTISM.
Injunction; by municipalities against nuis-

ances in waters and watercourses:-(I.) In
general; (II.) pollution and other matters
affecting health
Insurance; voluntary exposure to unneces-
sary danger within meaning of insurance
policy:- (I.) Construction compared with
negligence; (II.) consciousness of danger;
(III.) risks incident to duty or necessity;
(IV.) unexpected results; (V.) what con-

465

875

The rights of a servant who continues work
on the faith of his master's promise to re-
move a specific cause of danger:-(I.) In-
troductory; (II.) general rule stated; (III.)
rationale of the relation between the par-
ties after the giving of the promise; (IV.)
continuance of work after promise not
contributory negligence as matter of law:
(a) generally: (b) contributory negligence
predicated from the gravity of the risk in-
curred; (c) contributory negligence predi-
cated from the length of time the servant
has worked after the promise was given;
(d) illustrative cases; (V.) servant's action
not maintainable unless his continuance
of work was actually induced by the mas-
ter's promise to protect him from some
danger, etc.; (VI.) whose promise is bind-
ing on an employer; (VII.) rule where the
promise relates to simple appliances;
(VIII.) obligations of the servant pending
the fulfilment of the promise
Medical books; as evidence
Municipal corporations. See INJUNC

tion.

Negligence; intoxication as affecting:- (I.)

Intoxication no excuse; (II.) when it
amounts to contributory negligence: (a)
generally; (b) with relation to trespassers;
(c) with relation to persons injured at
crossings; (d) with relation to passengers;
(e) with relation to persons injured on
bighways, streets, etc.; (f) with relation
to miscellaneous matters; (III.) effect
when there is negligence on both sides;
(IV.) question for the jury; (V.) presump-
tion and burden of proof; (VI.) intoxica-
tion as evidence of negligence: (a) admis-
sibility; (b) weight and sufficiency; (VII.)
employment of persons having habits of
intoxication

New Trial. See EJECTMENT.

Partnership. See SYNDICATES.

Pier. See WHARVES.

Real actions. See EJECTMENT.
Replevin; for dogs

Riparian rights. See WATERS.
40 L. R. A.

781
553

131

Scientific books; as evidence
Specific performance; of contract known

to be unauthorized

Syndicates; relations and rights of syndicate
members:-(I.) Scope and nature of the
subject; (II.) rights and powers of mem-
bers; (III.) rights, duties, and liabilities in
transactions between themselves: (a) gen-
eral rule as to good faith required; (b)
sales by member to association; (c) pur-
chases with secret advantages; (d) dealings
between associations having common
members; (e) contribution to capital, ex-
penses, and losses; (f) interest in property
of association; (g) compensation for serv-
ices; (IV.) remedies

Tithes; of bees

Trespass; for injury to dogs

For taking bees

Trover; for dogs

For taking bees

558

216

689

507

688

507

688

323

Upland. See WATERS.
Waters. See also INJUNCTION.
Separation of riparian rights from upland:-
In general; right of fishing; right of wharf-
age; mere riparian rights; cases merely
recognizing the doctrine; adverse posses-
sion; partition; method of separation
Right of owner of upland to access to navi-
gable water:-The English rule; the rule
in Ireland; the rule in Canada; general ex-
pressions favoring the right of the shore
owner in this country; the rule in Massa-
chusetts; cases holding the opposite rule
(New York, New Jersey, Washington, and
Oregon); the rule of the Federal courts;
other decisions denying the riparian own-
er's right; the effect of statutes; access
cut off by railroad; right as against priv-
ate individual; estoppel by grant; special
reasons for refusing relief; right as against
improvement of navigation; summary 593
Wharves; right to erect:-The rule in Eng-
land; the rule in this country, cases recog-
nizing the right of the riparian owner;
rule where title extends to thread of
stream; effect of custom; statutory right;
rights as against individuals; right under
grant or license; to low-water mark; pre-
scriptive right; the Federal cases; cases
denying the right; statutory restrictions;
wharves beneficial; regulation of right:
harbor lines: right of municipal corpora-
tion to build: right of city to regulate;
right of New York city; abatement of
wharf; effect of street along shore; private
contracts; direction of wharf; rights of
state and general government; effect of
constructing in front of private property;
right in wharf which has been erected;
log pier; ejectment for pier
Right of, separated from upland

507 Wills. See MASSES.

635
323

HOSPITALS, 2.
ACCIDENT. See INSURANCE, 29–32.
ACTION OR SUIT. See also CASE, 3.

1. The administrators may sue upon a cov-
enant to pay rent to their intestate which is
appended to a lease made by him, although
his heirs are the only persons who would suf-
fer substantial damages by failure to pay it.
Walsh v. Packard (Mass.)
321

2. The right to recover for injury to a
dog is not lost by killing him, under the hon-
est but mistaken belief that he was fatally in-
jured. Citizens' Rapid Transit Co. v. Dew
(Tenn.)
518

Parties.

3. An architect supervising the construc-
tion of a building and giving notice of an in-
tention to build may be joined with the owner
of the premises as a defendant in a suit for an
injunction against the building. Kennedy v.
Burnap (Cal.)
476

4. A corporation cannot complain that its
receiver appointed in another court is not made
a party to a suit to revoke its contract to sup-
ply water to a city and its right to occupy
streets. Palestine Water & P. Co. v. Palestine
(Tex.)
203

5. The state is not a necessary party to a
suit by a city which has the exclusive con-
trol of streets, to revoke the right of a water
company to use them.
Id.

6. An amendment to a bill for an injunc-
tion against the improper use of land dedicat
ed to the public should be allowed to join
some of the original donors as plaintiffs, when
the bill is filed by other resident citizens.
Rowzee v. Pierce (Miss.)

NOTES AND BRIEFS.

402

1. A lease of land for forty-nine years to
an alien is void under Wash. Const. art. 2,
$33, prohibiting the ownership of lands by
aliens and providing that all conveyances of
land to any alien shall be void. State, Winston,
v. Hudson Land Co. (Wash.)
430

2. Conveyances made to a corporation
when a majority of the stock was owned by
citizens will be declared void where a majority
of the stock is transported to and held by
aliens, under Wash. Const. art. 2, § 33, pro-
hibiting the ownership of land by aliens and
providing that all conveyances of lands to any
alien directly or in trust shall be void, and that
every corporation the majority of the capital
stock of which is owned by aliens shall be con-
sidered an alien for the purpose of such prohi-
bition.

NOTES AND BRIEFS,
Aliens; ownership of property by.
ALMANAC.

NOTES AND BRIEFS.

As evidence.

Id.

431

558

statute.

ADVERSE POSSESSION.

NOTES AND BRIEFS.

To flats.

Of railroad right of way.

AFFIDAVITS. See EVIDENCE, 29.

628

394

415

3. A dog is the subject of larceny under
Iowa Code 1873, § 3902, making it a crime for
anyone to steal any "chattels" of another.
Hamby v. Samson (Iowa)
Injury by dogs.

508

4. One who harbors a dog on his premises
as owners usually do with their dogs is to be
deemed the owner under a statute respecting
the liability of owners for injuries done by
117
Shultz v. Griffith (Iowa)
Negligence of a party bitten by a dog is

5.