character of evidence required to contradict certifl- Bailey v. Landingham (Iowa S. C.).. Constitutional provision to be supple- mented by legislation. Brooks v. Borough of Dan- 2.-Equitable; specific performance; price not defl- nitely fixed. Gunton v. Carroll (U. S. s. C.)..... 3-For injury inflicted by wrongful act causing death: does not include mere passive negligence. Brad- 4.-Liability incurred through wrongful act of another gives right of action. Van Santen v. Standard Oil 5.-By inhabitant of city against contractor with city See Attorney and Client; Criminal Law; Practice; Will. 2.Arbitrator acts judicially and is not liable to civil action for wrongful award. Jones v. Brown (Iowa 6.-Warehouse receipt; action by holder of fraudulent; 229 ADMINISTRATOR Informalities in bond of: surrogate may compel accounting and distribution after removal. Gerould v. Wilson (N. Y. App.) ADMIRALTY. See Jurisdiction; Maritime Law. ADVERSE POSSESSION. Of wood land; what sufficient; ejectment not required to obtain rights from trespasser: rule of damages for trespass in cut- .... ADVERTISEMENT. False; when not restrained. AGENCY. Fraud of agent, liability of unincorpo- See Conflict of Law; Exemption; National Banks. 273 ATTORNEY. Has no power to compromise client's claim. Housenwick v. Miller (Penn. S. C.)..... 2.-Not liable to stenographer for services in suit; agency. Bonynge v. Field (N. Y. App.)... 3.-Disbarment of, what will authorize; evidence; ap- peal from discretionary order. In re Eldridge (N. 34 350 Gibbons 116 5.-Liability for negligence in investigating title; for in- vestment of money. Nancrede v. Voorhis (N. J. Ch.) 517 6.-Attorney's lien; settlement. Lang v. Buffalo Sea- 114 Seo Removal of Causes. BAILMENT. Conversion, a refusal or neglect to de- liver an article unintentionally left in store, is prima facie evidence of. Osgoodby v. Limeburner (Buff. 2.-Duty of pledgee of securities to collect interest; See Auctioneer; Criminal Law; Negligence. BANKRUPTCY. Collection and conversion to his own use of the proceeds of a note by a bankrupt by a foreign correspondent does not fall within the ex- ception in act as to fiduciary debts. Green's Bank 2.-Discharge of one partner does not release other. BANKS AND BANKING. Action against bank by holder of unaccepted check not maintainable. National Bank of Brockville v. Second National 2.-Bank may not dispute title of its depositor to de- posit. First National Bank of Lock Haven v. Mason 3.-Meaning of word "discount;" includes purchase of notes; negotiable instrument; indorsement by part- ner of firm name without authority; bona fide holder; defense; corporation: notice. Atlantic State Bank v. Savely (N. Y. App.) 4.-Liability for mistake; protesting negotiable instru- ment for customer; custom; current funds; grace. Haddock v. Citizens' Nat. Bank (Iowa S. C.).... 5.-Right to appropriate securities of third person CARRIER OF PASSENGERS-Continued. 5.-Negligence, contributory; injury to passenger on street railroad resulting from sitting on front plat- form. Wills v. Lynn & B. R. R. Co. (Mass. S. C.) 6.-Duty to furnish safe means of alighting. Foulkes v. Métrop. Dist. Railway Co. (Eng. App.) CEMETERY. See Mortgage; Taxation. CHARGE TO JURY. See Criminal Law. CHILDREN. See Conflict of Law. CHINESE. See Constitutional Law. CIVIL DAMAGE ACT. Statutory construction; CONFLICT OF LAW. Attachment valid against previous assignment for creditors in another State. Pierce v. O'Brien (Mass. S. C.).. 2.-Federal provision as to standing of State judgments, want of jurisdiction; divorce. Morey v. Morey 3.-Foreign judgment; jurisdiction; enticing party into State to serve process. Wood v. Wood (Ky. 4.-Jurisdiction as to claims for moneys stolen from 7.-Domicile; Scotch marriage; divorce. Farnie (Eng. Pro. and A. D.)... 8.-Law of Lower Canada as to sales of chattels See National Banks; Savings Banks. BASTARDY. Evidence; not error to allow the alleged bastard child to be exhibited to jury to determine resemblance to alleged putative father. BENEVOLENT SOCIETIES. Status of, insuring the lives of their members. State of Missouri v. Merchants' Ex. Mut. Ben. Soc. (Mo. S. C.)...... BEQUEST. Of bonds does not include overdue cou- pons. McGrath v. Van Stavoren (N. Y. C. P.).................... 271 BILL OF LADING. Sets of three; rights of in- dorsee; entry under second bill; liability of ware- BONDS. Municipal; board of education; acts in issu- ing bonds in excess of power do not render bonds void; innocent holder. State of Ohio v. Board of 2.-Coupon; holder not bound to present coupon within a reasonable time after due. Williamsport Gas Co. v. Pinkerton (Penn. S. C.)........... 3.-Official; mistake in name of obligee does not invali- date. County of Bay v. Brock (Mich. S. C.)........... See Appeal; Municipal Corporations; Suretyship. CONSTITUTIONAL LAW. Tax on dogs consti- tutional. Mowery v. Salisbury (N. C. S. C.).... BREACH OF PROMISE. See Marriage. BUILDING ASSOCIATION. Usury; provisions 4. Eminent domain; railroad track in highway. Houston & Tex. C. R. R. Co. v. Odom (Tex. S. C.) 157 5.-Act embracing limited district when not local; fish- eries. Doughty v. Connover (N. J. S. C.)............. 6-Act requiring construction of fishways by dam 7.-Corporations, State under power to amend charter cannot take away property rights from. City of De- troit v. Detroit & H. P. R. Co. (Mich. S. C.) 8.-Chinese religious customs; State law regulating re- 435 3.-Bound to carry for another common carrier. more v. Nashville R. R. Co. (U. S. C. C., Ky.) .. See Counter-claim; Maritime Law. CARRIER OF PASSENGERS. Liability for 2.-Liability of railroad company for injury to pas 10.-Legislative authority as to contract of public officers; 11.-Lottery grants not contracts protected by Federal Constitution. Stone v. State (U. S. S. C.). 12.-Salary of judicial officers; right of Legislature to 510 3. When not liable for injury to passenger. Interna- tional & G. W. R. R. Co. v. Halloren (Tex. S. C.)... 72 4. Negligence; landing of passengers; safe transit 13.-Effect of statute law upon provisions of Constitu- tion. Morley v. Thayer (U. S. C. C., Mass.) 14.-Statute shortening term of office of alderman valid; New York city. Long v. Mayor (N. Y. App.).. 196 15.-Municipality may not levy local tax for general pur- poses. Dyar v. Farmington (Me. S. C.)....... 16.-Impairing contract; exemption from taxation; PAGE. 496 CONSTITUTIONAL LAW - Continued. See Criminal Law; Elections; Insurance, Life: Na- CONTEMPT. Right to strike out answer for con- See Appeal; Municipal Corporations. 316 56 17 372 157 CONTRACT. Act of God, non-performance caused 115 203 3.-Construction of; advertisement in book sold by 5.-Deed for land accepted binds grantee not signing; -Impossibility of performance; construction. Re 34 134 338 396 358 358 3 8.-Inconsistent contracts; right of action. Wilmott 18 29 143 212 12.-Void as against public policy. Williamson v. Chi., 2.-Laches; action will not lie where property changed 19 PA&E. CORPORATION. De facto, what is. Buffalo C. Ry. 4.-Notice; when knowledge of director not that of 7. Rights of stockholders; foreclosure; formation of 134 134 117 275 435 518 294 19 515 38 153 10.-Sabbath breaking, may be indicted for. State v. COUPON. See Bonds. CRIMINAL CONVERSATION. Action for, not 75 6.-Bigamy; presumption of death from absence. Hull 38 7.-Confession not proof of corpus delicti. Priest v. 338 8. Conspiracy; to make Hable, party must consent to 97% National 274 316 11. Cumulative sentences, power of court to pass. 448 12.- Evidence; conversations accompanying acts proved 75 337 4-Fraudulent; innocent vendee from one fraudu- 13.- Evidence; dying declarations; hope of recovery 458 275 176 14.- Evidence; intoxication may be shown in order to 344 DISBARMENT. See Attorney; Slander and Libel. 3.-Wife leaving husband because he gambles, not de- DOGS. See Constitutional Law. DOMICILE. See Conflict of Law; Divorce; Insur- 218 518 38 98 24. Grand jury; objection to competency of juror; 458 25.- Indecent assault on child; consent. Regina v. 98 DOWER. See Insurance, Fire. 276 DYING DECLARATIONS. See Criminal Law. 176 235 418 3.-Of right of way by prescription; what notice re- 454 182 26. Infanticide; sex of child need not be stated in 303 411 418 36.-Practice; when criminal prosecution commences; S. C.). 448 499 415 See Right of Way. EJECTMENT. Execution of writ; land lying be- 2.-Devisee may bring, before probate of will. Rich- See Adverse Possession. 2.- Railroad in street; liability to abutting owner; 156 457 43 387 74 See Constitutional Law; Riparian Rights. EQUITABLE ACTION. See Action. 94 114 436 477 63 237 45.-Trial; privy verdict not allowable. Longfellow v. State (Neb. Š. C.).. 76 CROPS. See Delivery. CUMULATIVE SENTENCES. See Criminal Law. DAMAGES. Measure of, in action for waste for min- 8. Secondary; sworn copy of paper outside of jurisdic- 17 282 DEBTOR AND CREDITOR. Lien of creditor 338 436 See Attorney; Bastardy: Conflict of Law; Criminal |