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INDEX TO NOTES.

BANKS AND BANKING-Cont'd. Taxation of bank deposits. 60 C. C. A. 413.

Right to proceeds of collection on insolvency of collecting bank. 69 C. C. A. 333.

Knowledge or notice acquired by officer or agent of bank in private business or outside scope of duties as affecting its liability. 84 C. C. A. 139.

BILLS OF LADING.

Perils of the sea. 19 C. C. A. 465. BOARDS OF TRADE.

Quotations of prices and transactions on exchanges. 61 C. C. A. 2. BONDS.

Bona fide purchasers of municipal
bonds. 41 C. C. A. 6.

Death of surety. 49 C. C. A. 591.
Rights and remedies of holders of in-
valid municipal securities. 66 C. C.
A. 235.

BREACH OF MARRIAGE PROMISE.
Effect of existing marriage on subse-
quent contract to marry. 50 C. C.
A. 583.

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CARRIERS.

Duty to protect passengers from dangerous fellow passengers. 4 C. C. A. 231.

Right to restrain or expel disorderly passenger. 4 C. C. A. 231. Duties and liabilities of sleeping-car companies. 10 C. C. A. 335; 34 C.

C. A. 386. Liability for injuries caused by negligence or torts of servants. 10 C. C. A. 466; 27 C. C. A. 651.

Duty to stop trains at station. 14 C. C. A. 362.

Quick dispatch-Demurrage. 14 C. C. A. 657; 21 C. C. A. 342.

Contracts other than for carriage. 20 C. C. A. 521.

Who are common carriers of goods. 20 C. C. A. 521.

Liability as warehousemen.

20 C. C.

A. 529.

Duty to trespasser on train.

31 C. C.

A. 76.

CARRIERS-Cont'd.

Liabilities to employés of others carried under contract with carrier. 31 C. C. A. 164.

Persons assisting passengers. 31 C. C. A. 164.

Rights of licensee on train. 31 C. C. A. 164.

Rights of person traveling on pass. 31 C. C. A. 164; 32 C. C. A. 306. Burden of proof of negligence where passengers have been injured. 32 C. C. A. 23.

Live stock-Evidence admissible in actions for injuries through negligence or accident. 32 C. C. A. 148. Limitations of liability for personal injuries to passengers and for baggage. 32 C. C. A. 301.

Continuance of passenger relation. 40 C. C. A. 437.

Liability of railroads or street car companies for ejection of trespassers. 51 C. C. A. 578.

Injuries to railroad passengers while occupying positions other than regular seats. 54 C. C. A. 4.

Use of carriers' premises by hack and cab drivers, hotel runners, etc. 57 C. C. A. 367.

Regulations of charges by carrier for long and short hauls. 60 C. C. A. 542.

Duties and liabilities of carriers as to furnishing facilities for transportation. 61 C. C. A. 414.

Negligence in ejection of persons under disability. 62 C. C. A. 422. Liabilities of connecting carriers for injuries to passengers. 64 C. C. A. 485.

Relation of carrier to persons carried under contract with their employers. 67 C. C. A. 427.

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CHINESE.

Citizenship. 1 C. C. A. 212; 35 C. C. A. 332.

CIRCUIT COURTS.

Review of jurisdiction of circuit courts. 48 C. C. A. 351.

Jurisdiction of, as determined by the amount in controversy. 19 C. C. A. 75; 36 C. C. A. 459.

CIRCUIT COURTS OF APPEALS. Certiorari from supreme court. 1 C. C. A. 5.

Jurisdiction. 1 C. C. A. 6; 32 C. C. A. 475.

Effect of previous decisions as to validity of patents. 3 C. C. A. 565; 27 C. C. A. 427; 32 C. C. A. 484. Review of interlocutory decrees in patent cases. 3 C. C. A. 572; 27 C. C. A. 189; 32 C. C. A. 484.

Orders, decrees, and judgments reviewable. 13 C. C. A. 374.

Enjoining proceedings in state courts. 16 C. C. A. 90; 27 C. C. A. 575; 63 C. C. A. 437.

Conflicts of jurisdiction between fed-
eral and state courts. 22 C. C. A.
356; 26 C. C. A. 49.

Jurisdiction on habeas corpus. 25 C.
C. A. 11.

Review of jurisdiction of circuit courts. 48 C. C. A. 351.

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CONSPIRACY. Liabilities of corporations. 39 C. C. A. 17. Admissibility, on trial of joint indictments, of acts and declarations of conspirators and codefendants after accomplishment of object. 74 C. C. A. 472.

Judgment against one defendant sued jointly for conspiracy. 80 C. C. A. 245.

CONSTITUTIONAL LAW.

Due process of law in revenue proceedings. 8 C. C. A. 398. Regulation of commerce by taxation. 8 C. C. A. 492.

Restrictions on grants. 14 C. C. A. 6. Limitations of taxing power. 23 C. C. A. 515.

Interference with interstate or foreign commerce. 24 C. C. A. 13. Constitutional limitations of municipal indebtedness. 36 C. C. A. 6.

Trial by jury in criminal prosecutions. 39 C. C. A. 275.

Impairing obligation of contract for exemption from taxation. 70 C. C. A. 294. Imposition of penalty, extra allowance of damages, costs, or fees as denial of equal protection of law. 72 C. C. A. 547.

Validity of laws alleged to impair charter or franchise of corporation as dependent on reservation of power to alter or amend. 77 C. C. A. 281. CONTEMPT.

Liability of attorneys. 48 C. C. A. 7. CONTRACT LABOR.

Importation. 66 C. C. A. 133.

CONTRACTS.

Implied obligation to pay for benefits received. 2 C. C. A. 488.

Jurisdiction of federal courts as to laws impairing obligation of contract. 11 C. C. A. 316.

Relating to use of trade-name. 14 C. C. A. 104.

Mutuality in. 15 C. C. A. 543.

Intent as an element in offer and ac-
ceptance. 16 C. C. A. 199.
Admiralty jurisdiction over.
A. 347; 27 C. C. A. 530.

18 C. C.

Of common carriers other than for carriage. 20 C. C. A. 521. Restraining competition in bidding for public works at judicial sales, etc. 28 C. C. A. 192.

For lobby services. 29 C. C. A. 446. Breach of executory contract-Accrual of right to sue. 30 C. C. A. 210. Divisibility of contracts. 30 C.C.A. 467. Of persons non compos mentis under guardianship. 34 C. C. A. 264. Monopolistic contracts-Validity as affected by public policy. 9 C. C. A. 666; 34 C. C. A. 486.

Marketable title. 40 C. C. A. 592. Sufficiency of expression of consideration in memorandum within statute of frauds. 46 C. C. A. 183.

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C. A. 581.
Restraining breach of contract of em-
ployé not to engage in competing
business. 53 C. C. A. 492.

Validity of contracts with public of-
ficers as affected by legality of ob-
ject or consideration. 56 C. C. A. 10.
For sale of things to be produced or
manufactured. 58 C. C. A. 363.
Merger of contracts. 60 C. C. A. 6.
Relating to liability of master for neg-
ligence causing injury to or death of
servant. 62 C. C. A. 5.

Enforcement of contracts of which
time is the essence. 63 C. C. A. 562.
Relation of carrier to persons carried
under contract with their employers.
67 C. C. A. 427.

Impairing obligation of contract for
exemption from taxation. 70 C. C.
A. 294.

Practical construction of contracts by
parties. 73 C. C. A. 392.
Validity of laws alleged to impair char-
ter or franchise of corporation as de-
pendent on reservation of power to
alter or amend. 77 C. C. A. 281.
Rights and liabilities of parties con-
tracting with trusts or combinations
in restraint of trade. 78 C. C. A.
612.

Remote or speculative profits as ele-
ment of damages for breach of con-
tract. 81 C. C. A. 546.
CONTRIBUTION.

On marine loss-General average. 20
C. C. A. 357.

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CORPORATIONS-Cont'd.

Jurisdiction of federal courts in suits
against federal corporations. 11 C.
C. A. 314.

Personal liability of directors for negli-
gence. 12 C. C. A. 680; 33 C. C.
A. 230.

The power of officers and directors in
their individual capacity to deal with
corporation. 13 C. C. A. 466.
Use of corporate name as trade-name.
17 C. C. A. 579; 27 C. C. A. 357.
Stockholders' liability to creditors in
equity. 23 C. C. A. 315; 33 C. C.
A. 23.

Exclusion, regulation, and taxation of

foreign corporations. 24 C. C. A. 13.
Power to assign for benefit of credit-
ors. 24 C. C. A. 221.

Foreign corporations "doing business"
in state. 33 C. C. A. 585; 72 C. C.
A. 622.

Liability for torts. 39 C. C. A. 9.
Rights and liabilities of pledgees of
stock. 42 C. C. A. 135.

Service of process on foreign_corpora-
tions. 45 C. C. A. 3; 78 C. C. A. 473.
Acts of corporators and promoters.
46 C. C. A. 576.

Power to form partnership.

A. 131.

50 C. C.

Effect of judgment against corpora-
tion in action to enforce stockhold-
er's liability. 52 C. C. A. 305.
Limitation of actions against corpo-
rate officers. 53 C. C. A. 7.
Cancellation of certificates of corpo-
rate stock. 55 C. C. A. 167.
Liability of transferrors and trans-
ferees of corporate stock for assess-
ments. 61 C. C. A. 322.

Liabilities enforceable against reor-
ganized corporations. 62 C. C. A.
147.
Acquisition by corporation of stock of

other corporation. 68 C. C. A. 120.
Evidence of membership in corpora-
tion. 72 C. C. A. 423.

Liabilities of corporate officers for debts
and acts of corporation as dependent
on knowledge or participation. 75 C.
C. A. 492.

Powers of committees of directors or
trustees of corporations. 76 C.C.A. 7.
Validity of laws alleged to impair char-
ter or franchise of corporation as de-
pendent on reservation of power to
alter or amend. 77 C. C. A. 281.
Liability of corporation succeeding to
partnership for debts of firm. 80 C.
C. A. 560.

Rights and liabilities of stockholders
of railroads on consolidation. 81 C.
C. A. 480.

COSTS.

Right to costs in equity. 17 C. C. A.
368.
Imposition of extra allowance of costs,
or fees as denial of equal protection
of law. 72 C. C. A. 517.

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CRIMINAL LAW. See "Rewards."
Practice on trial before jury. 26 C. C.
A. 528.

Trial by jury in criminal prosecutions.
39 C. C. A. 275.
Prosecution and punishment of ac-
cessories. 44 C. C. A. 326.
Power of court to revise sentence.
C. C. A. 412.

46

Restraining criminal proceedings. 51
C. C. A. 133.

Proof of corpus delicti to corroborate
a confession. 53 C. C. A. 278.
Comments of counsel and instructions
on failure of accused to testify. 54
C. C. A. 373.
Preliminaries to introduction of sec-
ondary evidence in criminal prosecu-
tions. 61 C. C. A. 117.
Discontinuance, nolle prosequi, or dis-
missal as bar to subsequent prosecu-
tion. 68 C. C. A. 4.

Consolidation of and trial of indict-
ments together. 69 C. C. A. 287.
Review, by trial court, of evidence
given before grand jury. 69 C. C.
A. 488.

Circumstantial evidence of corpus de-
licti. 70 C. C. A. 156.

Admission on joint trial, of evidence
competent only against one or part of
defendants. 73 C. C. A. 295.
Admissibility, on trial of joint indict-
ments, of acts and declarations of con-
spirators and codefendants after ac-
complishment of object. 74 C. C. A.

472.

Effect of acquittal in criminal prose-
cution on liability in tort for al-
leged criminal act. 79 C. C. A. 407.
Right of accused to be confronted by
witnesses. 80 C. C. A. 116.
Computation of cumulative sentences.
81 C. C. A. 196.
Admissibility of written instruments
in criminal prosecutions as dependent
on preliminary proof. 82 C. C. A. 8.
Commencement of period of limita-
tions against prosecutions for con-
tinuing offenses. 84 C. C. A. 319.

CUSTOMS AND USAGES.
Presumptions. 56 C. C. A. 394.
Existence of custom or usage as ques-
tion for jury. 83 C. C. A. 9.

CUSTOMS DUTIES.

Interpretation of commercial and trade
terms in tariff laws. 18 C. C. A. 545.

DAMAGES.

Mental suffering as an element of dam-
age in general. 11 C. C. A. 556.
For mental suffering for delay in de-
livery of telegram. 11 C. C. A. 571;
15 C. C. A. 250; 28 C. C. A. 62.
Delay in transmission of telegraphic
message. 14 C. C. A. 177.
Measure of, in actions against tele-
graph companies. 15 C. C. A. 235;
28 C. C. A. 59.

In condemnation proceedings. 16 C. C.
A. 468.

For personal injuries as affected by
plaintiff's character and condition. 27
C. C. A. 138.

Negligence of both master and servant
-Division of damages in admiralty.
30 C. C. A. 678.

Liability of corporations for exemplary
or punitive damages. 39 C. C. A. 18.
Punitive damages for death by wrong-
ful act. 44 C. C. A. 259.

Reduction or increase of amount of re-
covery on appeal. 48 C. C. A. 470.
Persons entitled to damages for wrong-
ful enforcement of tax. 54 C. C. A.
550.
Aggravation of disease or injury due
to existing disease, predisposition, or
physical condition. 54 C. C. A. 645.
Loss of credit as element of damages.
62 C. C. A. 612.

Mitigation of damages for wrongful
discharge from employment by fail-
ure of servant to seek or accept oth-
er employment. 64 C. C. A. 5.
Retraction, apology, or reparation as

ground for mitigation of damages for
libel and slander. 71 C. C. A. 315.
Imposition of penalty, extra allowance
of damages, costs or fees as denial of
equal protection of law. 72 C. C. A.
547.

Remote or speculative profits as ele-
ment of damages for breach of con-
tract. 81 C. C. A. 546.

DEATH BY WRONGFUL ACT.
Mental suffering as element of dam-
ages. 11 C. C. A. 563.

Punitive damages. 44 C. C. A. 259.
What law governs actions. 47 C. C.
A. 606.
DECREES.

Power of court to amend or modify in-
terlocutory orders and decrees. 61
C. C. A. 236.

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How inchoate right extinguished. 3 C.
C. A. 316.

In mines. 3 C. C. A. 316.
What estate subject to dower. 3 C. C.
A. 316.

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Divestiture of inchoate right by legisla-
tive action. 4 C. C. A. 295.

ELECTION OF REMEDIES.
Against undisclosed principal or agent.
77 C. C. A. 166.

EMINENT DOMAIN.

Consequential and indirect damages.
16 C. C. A. 468.

Nature of estate or interest acquired
in condemnation proceedings. 53 C.
C. A. 604.

Nature and extent of power of United
States to condemn property for pub-
lic use. 70 C. C. A. 653.
Proceedings under power of eminent
domain as civil suits under laws re-
lating to removal of causes to federal
courts. 73 C. C. A. 183.

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Burden of proof of negligence where
passenger has been injured. 32 C. C
A. 23.

Evidence admissible to show injury
to live stock, during transportation,
through negligence or accident.
C. C. A. 148.

32

Judicial notice of public laws and reg-
ulations. 44 C. C. A. 4.

Use of deposition when deponent is
present. 50 C. C. A. 232.

Negative testimony. 52 C. C. A. 82.
As to character or reputation in civil
actions. 55 C. C. A. 7.

Presumptions as to customs and us-
ages. 56 C. C. A. 394.

Utility, extent of use, and commercial
success as evidence of invention. 59
C. C. A. 620.

Preliminaries to introduction of sec-
ondary evidence in criminal prosecu-
tions. 61 C. C. A. 117.

Additional proofs in appellate court
without trial de novo. 67 C. C. A.
600.
Presumptions and burden of proof as
to cause of loss or injury to goods
shipped by vessel, and diligence or
negligence of carrier. 68 C. C. A.
398.

Review, by trial court, of evidence
given before grand jury. 69 C. C.
A. 488.
Circumstantial evidence of corpus
delicti. 70 C. C. A. 156.

Procedure of federal courts and adop-
tion of state practice as to taking
proof. 71 C. C. A. 110.

Evidence of membership in corpora-
tion. 72 C. C. A. 423.

Admission on joint trial, of evidence
competent only against one or part of
defendants. 73 C. C. A. 295.

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