Page images
PDF
EPUB

BANKRUPTCY.

Preferential Treatment of Creditor. Provision in lease making
mere filing of petition in bankruptcy against lessee a breach
held unenforceable against trustee. Kothe v. R. C. Taylor Trust,
224.

BANKS AND BANKING. See Farm Loan Act.

1. Stockholders' Liability. Title to stock passes upon delivery
to purchaser of certificate properly endorsed, and purchaser is
liable thereafter for subsequent assessments. Early v. Richard-
son, 496.

2. Id. Actual owner of stock is liable for assessments though
name does not appear on transfer book of bank. Id.

3. Id. One purchasing shares as gift for his minor children,
in whose names certificates are issued, is liable for subsequent
assessments. Id.

4. Id. One purchasing shares as gift for his minor children, in
whose names certificates are issued, does not become trustee for
minors. Id.

CANAL ZONE. See Mails.

CERTIORARI. See Jurisdiction, II, (A), 4-5, II, (E); Procedure,
4; Patents for Inventions, 5.

CHAPLAINCY. See Jurisdiction, VI, 2.

CHURCH. See Parties, 1; Religious Organizations.

CITIZENS. See Indians, 3.

CLAIMS. See Admiralty.

CLASS SUIT. See Parties, 4.

CLAYTON ACT. See Anti-Trust Acts.

COMMERCE. See Constitutional Law, III; Interstate Commerce

Acts.

COMPENSATION. See Constitutional Law, IV, 4–5.

CONDEMNATION. See Constitutional Law, V, 13–14.

CONGRESS. See Constitutional Law; Corrupt Practices Act.
CONSTITUTIONAL LAW. See Corrupt Practices Act; Indians,
1-2, 5; Parties, 5; Public Utilities; Taxation.

I. Taxing Power, p. 621

II. Judicial Power, p. 621.

III. Commerce Clause, p. 621.

IV. Fifth Amendment, p. 621.

V. Fourteenth Amendment, p. 622.

CONSTITUTIONAL LAW-Continued.

I. Taxing Power.

1. Federal Gift Tax. Valid as indirect tax, without apportion-
ment. Bromley v. McCaughn, 124.

2. Uniformity. Requirement of Art. I, § 8, is geographic, not
intrinsic. Id.

3. Graduations and Exemptions. Not repugnant to uniformity
clause or the Fifth Amendment. Id.

II. Judicial Power. See Jurisdiction.

Cases Affecting Ambassadors, etc. Provision of Art. III, § 2,
extending federal judicial power to all such cases, does not ex-
clude jurisdiction of state court over suit against vice-consul
for divorce and alimony. Ohio ex rel. Popovici v. Agler, 379.
III. Commerce Clause.

1. Packers & Stockyards Act. Regulation of rates of market
agencies is valid exercise of power of Congress. Tagg Bros. &
Moorhead v. United States, 420.

2. State Taxation. State tax law operating as burden on inter-
state commerce invalid. New Jersey Bell Tel. Co. v. State Board
of Taxes, 338.

3. Id. Sales of gasoline held not in interstate commerce and
subject to state tax. Superior Oil Co. v. Mississippi, 390.

4. Effect of Contract. Parties can not convert local business
into interstate commerce by contract which achieves nothing
else. Id.

IV. Fifth Amendment. See I, 3, supra.

1. Packers & Stockyards Act. Regulation of rates of market
agencies not invalid as wage-fixing or limitation on income of
individual. Tagg Bros. & Moorhead v. United States, 420.
2. "Affected With a Public Interest." Depends upon character
of service rendered, not amount of capital employed. Id.

3. Revenue Act of 1921. Section 202 (a) (2) not invalid because
of retroactive effect as to gifts. Cooper v. United States, 409.
4. Compensation for Business Terminated by Law. Government
incurs no liability for loss of business proscribed by prohibition
legislation. Clarke v. Haberle C. S. Brewing Co., 384; Renzie-
hausen v. Lucas, 387.

5. Id. No presumption that Congress intended partial compen-
sation by allowance of deduction under Revenue Act of 1918 for
"exhaustion" or "obsolescence" of good will. Clarke v. Haberle
C. S. Brewing Co., 384.

CONSTITUTIONAL LAW-Continued.

6. Assailing Validity of Statutes. Party attacking must show
himself within class entitled to complain.

Wurzbach, 396.

United States v.

7. Defining Crime. Statute held not so vague as to be invalid. Id.
8. Indian Homesteads. Extension of time restrictions against
alienation does not impair vested rights. United States v. Jack-
son, 183.

V. Fourteenth Amendment.

1. Taxation. Property Outside State. State may not tax prop-
erty wholly beyond its jurisdiction or control. Safe Deposit &
Tr. Co. v. Virginia, 83.

2. Id. Intangibles. When may not be taxed at domicile of
equitable owner. Id.

3. Illegal Assessments. Statute limiting suits to recover taxes
illegally assessed to such as were paid "at the time and in the
manner provided by law," can not justify denial of recovery of
taxes exacted by state officer in violation of Federal Constitution.
or laws. Carpenter v. Shaw, 363.

4. Classification. Not arbitrary unless grounds for distinction
are plainly absent. Silver v. Silver, 117..

5. Attacking Validity of Taxation. Individual can not sue to
enjoin enforcement of state tax on distributors of gasoline, the
burden of which is shared generally by all motorists using high-
ways. Williams v. Riley, 78.

6. Regulation of Business. Fire Insurance. License fee charged
as condition to appointment of additional agents is a regula-
tion of the corporation and not an interference with rights of
individuals to do business as agents. Herbring v. Lee, 111.
7. Property of Public Utility. Though devoted to public service
is none the less private and is within the protection of the due
process clause. United Railways & E. Co. v. West, 234.

8. Carriers of Freight by Motor Vehicle. Distinction in tax
statute between such as operate over regular routes between
fixed termini and others held valid. Bekins Van Lines v.
Riley, 80.

9. Contract Rates. Where fixed by franchise granted street rail-
way by municipal corporation are valid even though inadequate.
Railroad Comm'n v. Los Angeles R. Co., 145.

10. Id. Power of State to abrogate rates fred by municipal
corporation. Id.

CONSTITUTIONAL LAW-Continued.

11. Statute Abolishing Rights of Action. In cases of injuries
suffered by passengers carried gratuitously in automobiles and
due to negligent operation, valid though inapplicable to other
vehicles. Silver v. Silver, 117.

12. Notice and Hearing. Statute of ancient origin allowing prop-
erty of absconding husband to be taken over and applied to
maintenance of wife and children, without notice to husband,
held due process. Corn Exchange Bank v. Coler, 218.

13. Id. Eighteen days between service by publication and re-
turn day sufficient in condemnation proceeding. Wick v. Chelan
Electric Co., 108.

14. İd. Description of property in petition in condemnation
proceeding held adequate. Id.

CONSULS. See Constitutional Law, II; Jurisdiction, IV, 2.
CONTRACTS. See Constitutional Law, III, 4; V, 9; Municipal
Corporations.

Liquidated Damages for Breach. Unenforceable where without
reasonable relation to probable damages. Kothe v. R. C. Taylor
Trust, 224.

CORPORATION SOLE. See Parties, 1.

CORPORATIONS. See Banks and Banking, 1-4; Constitutional
Law, V, 6; Stockholders.

CORRUPT PRACTICES ACT.

1. Validity of Act. Congress has power to provide that its of-
ficers and employees neither shall exercise nor be subjected to
pressure for money for political purposes. United States v.
Wurzbach, 396.

2. Validity as Affected by Uncertainty. One of class specifically
named can not object to uncertainty of application to other
classes. Id.

3. Id. Term "political purpose" not so vague as to render
statute invalid. Id.

4. Id. That statute is vague as to which section imposes penalty
need not be considered on appeal from judgment quashing indict-
ment. Id.

5. Scope of Act. Not confined to political purposes within con-
trol of the United States. Id.

6. Offenses Under Act. Receipt of money by Congressman from
federal officers and employees for promotion of his nomination
at party primary is offense. Id.

COSTS. See Parties, 3.

COURT OF CLAIMS.

See Jurisdiction, II, (D).

COURTS. See Constitutional Law, II; Jurisdiction.

CRIMINAL LAW. See Corrupt Practices Act.

DAMAGES. See Contracts.

DEATH. See Employers' Liability Act, 6-7.

DECLARATORY JUDGMENT. See Jurisdiction, I, 2.

DEPRECIATION. See Public Utilities, 4.

DIPLOMATIC OFFICERS. See Constitutional Law, II; Jurisdic-

tion, IV, 2.

DIVIDENDS. See Stockholders.

diction, IV, 2.

DIVORCE AND ALIMONY. See Constitutional Law,

DOMICILE. See Constitutional Law, V, 2.

ECCLESIASTICAL COURTS. See Jurisdiction, I, 1.

EJECTMENT. See Jurisdiction, IV, 4.

ELECTIONS. See Corrupt Practices Act.

[blocks in formation]

EMINENT DOMAIN. See Constitutional Law, V, 13-14.
EMPLOYERS' LIABILITY ACT.

1. Rule of Safe Place. Liability of master ceases when servant
is warned. New York Cent. R. Co. v. Ambrose, 486.

2. Id. Duty of employer not absolute; held only to exercise of
reasonable care. Id.

3) Defenses. No recovery where injury received two days after
termination of employment. Chesapeake & O. R. Co. v. Bryant,
404.

4. Sufficiency of Evidence. Verdict resting upon speculation and
conjecture can not be sustained. New York Cent. R. Co. v.
Ambrose, 486.

5. Id. That accident may have resulted from one of several
causes, for some of which defendant was responsible, is insuffi-
cient. Id.

6. Limitations. Complaint for injuries may not be amended to
include claim for death after period has run against latter cause
of action. Baltimore & O. S. W. R. Co. v. Carroll, 491.

7. Id. Two-year period begins to run against action for death at
time of death. Id.

« PreviousContinue »