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Index Digest

Source: Harvard Law Review, Vol. 50, Cumulative Index and Table of Cases, Volumes One to
Fifty, 1887-1937 (1937), pp. 173-661
Published by: The Harvard Law Review Association
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INDEX DIGEST

References in heavy-faced type are to LEADING ARTICLES; in italics to NOT


CASES. The figure in front of the colon refers in each instance to the volume.

ABANDONMENT Qui tam action un


See Possession. Of dedicated land, see io:267-268
Dedication. Right to recover for shortening of life un-
der survival statute 49:482
ABATEMENT AND REVIVAL Statutory assignment of tort claim to
surer
See also Death by Wrongful Act, after award under Workmen's
Execu-
tors and Administrators. Compensation Act: effect of death of
employee before suit 41:666
Pendency of another action Survivability of right to perfect a
Action in which present claim might be chanic's lien 46:527
Tort action for negligence o
set up as counterclaim 33:857
Defense of arbitration pending in another 16:603
state 47:I26 Unpaid alimony 29:100; 33:569-570;
42:703
Other action ended before
What law governs survival of tort claim
ment is made 11:270
47:I29; 47:3I7-318
Pendency of action against agent defense
to undisclosed principal I7:4I4, 417 Revival of action
Second action local but available as coun- Right of plaintiff's administrator to re-
terclaim in first 41:66i vive action under Sherman Act 49:323
Stockholder's suit as bar to similar suit by
other stockholders 47:1054 ABORTION
Nature and elements of the offense
Survival of action Nature of crime: whether murder when
Assignability and survivability as convert- death results I3:5
ible terms 41:666
Breach of promise of marriage: special
Defenses
damages 28:701 Consent in action for assault 9:550
Claim based upon breach of an impli
warranty of wholesomeness
Evidence
of food
4I:913
Dying declarations: admissibility at com-
Claim under Sherman Act 33:570-571;
39:502
mon law 14:465
Death of defendant pending criminal ap- - admissibility under
ute 3:181
peal Io:453
Death of next Intent: of kin given pro r
9:432
for death by wrongful act 29:781; Venue
42:437
Death of tortfeasor 34:209; 45:II08 Drugs sent from without to person with-
Deceit 33:570 in jurisdiction 7:496
Effect of " death acts " on statute fo
vival of actions 9:224; I5:854, 865 ABUSE OF PROCESS
Effect on garnishment proceedings 35:473 See also Malicious Prosecution.
Inadequacies of existing " wrongful death" Bad motive in levying attachment 27:593
and " survival" legislation Distinguished from malicious prosecution
44:980-984; 48:1oo8-Ior3 40:502
Judgment for fine not enforceable against Malicious excessive attachment 40:502
executor 20:649 Return of goods wrongfully attached as
satisfaction
Libel against dissolved corporation 12:67
15:409 Subpoena maliciously
Libel in will; action against executor
15:483, 493; 27:666, 677; 48:1027 ABUTTING OWNERS
Obtaining proceeds of life insurance policy See Easements, Eminent Domain, Equ
by fraudulently inducing bigamous mar- table Servitudes, Highways, Municip
riage 48:1013 Corporations, Nuisance, Party Wall

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174 ABUTTING OWNERS -ACCOUNT
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES
CASES. The figure in front of the colon refers in each instance to the volume.

Agreement
Right of Support, Street Railways, to accept less salary than pre-
Taxa-
tion, Waters. scribed by ordinance 50:532
Agreements to suspend a right of actio
ACCEPTANCE 50:467-472
See Bills and Notes, Contracts, Deeds, Breach of accord, action for 8:59
Trusts. Effect as defense to debts of record and
by specialty I7:466-467
ACCESSION Equitable defense to specialty co
See also Confusion of Goods. 9:55-56
Bad faith of converter: whether affecting
Executory agreement accepted as satisfac-
rules as to title 8:431; I2:348, 355 tion: effect 17:464-466
Improvements on land subject to purchase Unenforceable executory a
money mortgage--effect of after-ac- cepted as satisfaction i9:58
quired property clause in earlier mort- Workmen's Compensation agreemen
gage 48:479-480 barring action under Federal Emplo
Increase of value without Liability Act change
48:689 of
stance: whether passing title 8:431;
I2:348, 355 ACCOUNT
Owner and converter: whether tenants in
Duty to account
common I2:348, 355 Legal remedies
Right to improvements made by
Accounting a bona
in equity
fide taker 20:227, 236 Account stated
Title to material used in repairs See also -
Executors and Administrators,
applica-
bility of retail sales tax 49:662 Partnership.

ACCESSORIES Duty to account


See Criminal Law. Bailiffs and receivers distinguished
2:244-245
ACCORD AND SATISFACTION Bailment and debt distinguished
See also Contracts, Release. 2:246-247
Classes of persons under obligation to ac-
Nature and requisites count 2:259-267
In general 17:459-473 Contract to pay r
Executory agreement as satisfaction tain per of pre- cent of
existing obligation 46:1334 an accounting 23:304
Nature of accord: whether more than mere Existence of obligation a legal, not an
offer I7:459-461 equitable question 2:258
Recent developments 50:466-472 Fiduciary relation necessary 23:304
Requirements for effective satisfactionFoundation of obligation to account
I7:468-473 2:242-250
Validity Fraudulent confusion I8:64
Acceptance of part payment stipulated to Necessity of privity to support ac
be payment in full 17:272, 277 account 2:660; 50:r100-1002
Compromise agreements with debtor Partnership for an illegal purpose
49:1229-1231 24:679; 41:650-651
Economic depression as consideration Property
for held by deceased partner on con-
agreement to reduce rent 50:I314 structive trust for firm 41:541
Lesser sum as satisfaction for a greater Receiver of a national bank 41:531
11:193, 330; I2:521-527; I3:58, 690; Relationships involving an obligation to
I4:62I; I6:598; 21:443 account 45:475-486
Payment of sum less than debtor admits Right of husband to an accounting of
to be due 14:621; 27:677 wife's management of joint funds
Receipt in full, when full sum not received 42:580
13:690Legal remedies
Retention of check tendered as Common law action: character and incon-
payment
in full 27:677 venience 2:251-253, 257-258
Retention of sum offered as full settlement Debt and assumpsit not proper form
of another's debt 25:182 action 2:253-257
Retention of sum sent as full payment Defenses to common
of law action
unliquidated claim 9:544; I5:589; 2:251-252
x8:617 Origin and nature of action of account
Effect 45:467-475
Action on original contract: whether barred Parties 45:487-493
by executory agreement 9:285; Procedure 45:493600
17:461-467 The old action of account 45:466-500

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ACCOUNT -ADMINISTRATIVE LAW 175
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; a
CASES. The figure in front of the colon refers in each instance to the volume.

Accounting in equity ACT OF GOD


Bills for an account 2:242-267 As affecting carrier's liability, see Carriers
Bills of equitable assumpsit 3:237-262
-cross demands 3:245-262 ACTIONS
See also Abatement and Revival, Hist
-true bills of account distinguished
3:238-244 of Law (Common law actions), Limi
Decree for defendant: when and how made tion of Actions.
2:259 Particular forms of action, see Assum
Enforcement of obligation to account in Debt, Detinue, Ejectment, Forma Pau
equity 2:258-259 peris, Actions In; Replevin, Trespa
Mortgagor's right to Trover an and Conversion.
account for rents
and profits received Aiding
by the poor in maintaining actions
mortgagee in
possession 23:301, 312 36:361-404
Cause of action, nature of
Account stated 45:794-797, 802-806
Promissory note as basis of 23:I44 Consolidation of suits in equity in invitum
39:1094
ACCOUNTING Constitutional right of non-residents to sue
See also Income Taxes. 41:387-390
Discretion to entertain suit-tort action
Income tax accounting: business expense or
between non-residents where the cause
capital outlay 47:669-677
Principal-quantum or res? 46:776-794 of action arose locally 45:386
Proposed federal requirement of uniform Effect of civil death statutes on right to
accounts for national enterprises sue and be sued 50:972-973
46:953 Effect of seal on a promissory note
43:654
Treatment of depreciation in rate-making Forms of action: whether an action for
48:721-747
When is income realized-cash and ac- fraud and deceit is an action "arising
crual accounting 46:933-953 on contract" 31:797
Liability of improvement dis
ACCRETION
in state other than its dom
Motive in instituting action
See also Waters.
thereto I9:376
Accretion to a servient tenement under Right of individual t
same restriction as the tenement itself
NRA code 48:342
30:89 Right to discontinue action
Alluvion and reliction: whether to be dis-
of marriage 30:292
tinguished in effect on titles 8:171State discrimination against act
Apportionment of bed of dried-up lake under federal statutes in siste
I7:410, 417
48:125
Easement, whether extended to land added
Taxpayers' right to compel co
by accretion 22:6Io
taxes upon illegally exempted
Island formed out of submerged land: 48:34i
whether title in original
ADEMPTION
owner 9:223
Lot totally submerged and again uncov-
See Legacies
ered: whether title in original and Devises.
owner
16:527
Non-navigable waters: doctrine applied toADJOINING LANDOWNERS
24:667 See Easements, Eminent Domain, Equi-
Right of riparian owner to artificial ex- table Servitudes, Highways, Municipal
tensions of his bank 28:702 Corporations, Nuisance, Party Walls,
Right to enjoin interference with accretion
Right of Support, Street Railways, Taxa-
45:753 tion, Waters.
Sudden change of channel: whether affect-
ing titles 8:171; 9:549 ADMINISTRATION
Of charity,,see Charities.
ACCRUAL OF ACTIONS Of decedent estates, see Descent and D
See Limitation of Actions. tribution, Executors and Administrato
Legacies and Devises, Wills.
ACCUMULATIONS Of insolvent estates, see Bankruptcy.
Of receiverships, see Receivers.
See Charities, Future Interests, Rule against
Perpetuities.
ADMINISTRATIVE LAW
ACKNOWLEDGMENT In general
See Deeds. Administrative agencies

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176 ADMINISTRATIVE LAW

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; an


CASES. The figure in front of the colon refers in each instance to the volume.

Powers of agencies Review of decisions of policy of English


Relation to legislature legislative bodies 39:832-848
Procedure Rise of American system of administr
Judicial control tive law 50:16-18
See also Carriers, Constitutional Law, Con- Scope of the subject of
tempt, Courts, History of Law, Interna- in the United States 30:430-448
tional Law, Interstate Commerce, Pub- The three powers: impossibility of
lic Utilities, Railroads, Street Railways, rating them in administrative bodie
Telegraph and Telephone Companies. 30:436-444
True distinction between administrative
In general and judicial body 36:419-425
Administrative aspects of old age security Use of administrative method in regulatin
legislation 46:10I4-1017 installment sales 49:1 34
Administrative control of radio Validity of Congressional imposi
49:1333-1343 administrative duties upon courts
Administrative determination of private District of Columbia 47:133
rights 35:450, 470 Voluntary co6peration of Interstate Co
Administrative justice merce
andCommission and state railroad
supremacy of
law in the United States 41:113-116 commissions 39:756
Administrative phases of state responsi- Weight to be given by cou
bility 44:432-437 trative interpretation of s
40:469; 46: Ioo6-Ior
Administrative regulation of business ethics
46:1200-1202
Administrative
Administrative versus judicial agencies
courts
47:1452-1453 See Interstate Commerce (Interstate Com-
Compliance with administrative order asmerce Commission).
defense to action for negligence 49:843Administration of water rights
Conflict between administrative courts rep- 50:296-301
Australian Commonwealth Court of Con-
resenting government by regulation and
legal courts representing government byciliation and Arbitration
battle 47:937-947 29:13-39; 32:189-217; 34:105-136
Control of intrastate British war administration
railroad rates 33:63z
durin
federal control under Boards of zoningwar
the appeals or adjustment
power
32:300-314 37:853-854
Control of use of interstate waters Classification of administrative tribunals
36:982-984 with respect to their functions
Development of power of American ad- 39:698
ministrative tribunals 31:644 Decisions of National Labor Relations
Board 48:630-659
Distinction between judicial and legislative
functions 36:461 Delegation of discretio
Duty of an industrial licensing statutes
court 43:302-30735:240
Expediency of use Draft
ofboards created by Selective Servi
administrative a
cies in determining Act water 32:433 rights
38:475-478 Effect of erroneous administrative advice
Federal power to incorporate upon finality of taxpayers' election
railway c
panies and regulate them 48:1289-1293
30:589-5
Federal Register Act 49:1 209-z12 English administrative tribunals: powers
Function of administrative and judicial exercised 31:644
bodies in rate-making 37:366, 382 Estoppel of governmen
Fundamental characteristics of administra- vice to taxpayer 48:1299-1310
tive tribunals 36:405-409 Federal health administration 41:816-817
General discussion of French administra- Government corporations 48:775-776
tive law, criticising Dicey's commentsInsurance Commissioner of the United
thereon I9:335-349 States 4I:III-113
Growth of theory of Motion picture censorship 44:1I4-115
responsibility of state
for acts of executive officials: environ- National war labor board 33:39-63
ment of French administrative law Nature of administrative commissions
32:467-470 35:40
Increase in number of administrative tri-Necessity for better publication of execu-
bunals due to dissatisfaction with courts tive legislation 48:198-215
29:395-397 Port of New York authority estab-
Increasing professional recognition of im- lished by compact between states
portance of administrative law 37:638 39:499
Powers of regulation vested in Congress South Australian Industrial Arbitration
24:77-104 Court 35:223-244

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ADMINISTRATIVE LAW I77
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in
CASES. The figure in front of the colon refers in each instance to the volume.

United States Court of Claims, The


Amendment of tax refund claim after pe-
34:161-177 riod of limitation 46:843; 47:282
Powers of agencies Essentials of hearing before administrative
Compulsory testimony before commission:
board acting judicially 28:808
constitutionality 5:346; 8:175;Federal9:357;Communications Commission -
Io:120; 39:694-724 radio regulation 49:1336-1339
Constitutionality of statute failing to How far judicial 36:418
clothe administrative board with power Methods of Lexow committee 8:352
to issue compulsory process 38:253 Necessity of findings of fact in exercise
Control of promoters' profits by SEC of delegated legislative powers 49:827
49:790-792 Power of administrative officer to reverse
Decisions of rate commissions; whethera prior ruling 31:487
legislative or judicial 34:876-878; Right to hearing before adm
38:148-152 board 28:I98, 207
Federal departmental regulations involving
criminal responsibility 35:952 Judicial control
How far judicial 36:409-425 In general 35:791-796
Limitation of power: statutory, constitu- Administrative finding of f
tional, and judicial: lack of punitive courts in deciding question
power 36:587-592 tionality of legislative act
Power of administrative board to declare Conclusiveness of findings o
a statute unconstitutional 30:386, 394 eral Trade Commission 38:I03
Power of a special administrative body to Conclusiveness of findings of fact by work
exclude from its field of operation the men's compensation commission 35:76
ordinary governmental agencies Control by mandamus 23:633, 645;
30:445-447 33:462, 478; 37:777
Power of Interstate Commerce Commis- Courts and administrative law-the ex-
sion over intrastate rates perience of English housing legislation
28:34-81, 113, 294-298 49:426-454
Power of SEC to investigate registrant Federal and state review compared
after application is withdrawn 49:1369 43:415-420
Power of trial of controversy 36:411 Federal courts and state regulation of pub-
Power to affect private or personal prop- lic utilities 43:379-425
erty rights 36:415 Federal injunction against (enf
Power to make bindingof decisions 36:412 order
state administrative
Powers of administrative board:
plication legislative
for administrative r
and initiative 36:583-585 44:650
Powers of NRA code authorities 47:96-0oo
Federal Radio and Communications Com-
-to compel testimony 47:98-100 missions 49: 339-1343
Public interest as a jurisdictional require-
Finality of decisions of admin
ment under section 5 of the Federal agencies 38:447-481
Trade Commission Act 43:285-289 Injunctive relief from app
To punish for contempt 37:747 Federal Communications Commission de-
nying representation 49:659
Relation to legislature Judicial power to set aside orders of the
Delegation of legislative power to com- Interstate Commerce Commission
missions 21:205, 215; 23:481; 4I:381-384; 43:244-249
27:546-548 Judicial review in exclusion of aliens
Delegation of power to Interstate Com- 17:488; 18:64; 19:60;
merce Commission to fix rates 28:110 22:221, 227, 360-366; 29:215;
Delegation of powers by Congress 37:379; 4I:522-525
48:798-806 Judicial review of administrative action b
NIRA as invalid delegation of congres- the Supreme Court 35:127-153
sional powers 47:93-95 Judicial review of questions of policy in
Power of administrative agencies to fill in
England 39:832-848
details of legislation 35:134-136 Judicial review of rate order
Vesting of unlimited discretion in a licens- trative boards 50:78-93
ing board as denial of due process -federal boards 50:85-93
36:102I -state boards 50:78-85
Procedure 36: Judicial review of rates fixed b
Administrative practice with regard to
sions
common law rules of evidence 11:314; 23:481; 34:862-879; 3
36:79-83, 102, 263, 294-296, 585-586 Judicial review of rule of scho
Admissibility of hearsay before adminis- excluding members of teacher
trative tribunal 29:208, 226 from schools 29:230

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I78 ADMINISTRATIVE LAW - ADMIRALTY

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;


CASES. The figure in front of the colon refers in each instance to the volume.

Necessity under proposed federal When work-


right to review in a federal court
men's compensation law of judicial accrues
rede- 43:385-402
termination of fact of employment in
interstate commerce 47:422-424 ADMIRALTY
Orders of the Interstate Commerce Com- In general
mission under the Hoch-Smith Resolu- Federal legislation: in general
tion 42:621-630 Federal legislation: power of Congre
Power of a courtState on legislation
appeal to make
order the commission should have made Jurisdiction: in general
37:366, 382 Jurisdiction: state courts
Practice in state courts 43:412-415 Contracts
Torts
Practice in the federal courts 43:402-412
Questions of discretion 35:134-136 Practice
Questions of fact 35:136-143, 148 Damages
Questions of jurisdiction 35:132-134 See also Conflict of Laws, Constitutional
Questions of jurisdiction and questions Law, General Average, History of Law,
of fact in decisions of the Interstate Insurance (Marine insurance), Interna-
Commerce Commission 38:156-167 tional Law, Maritime Liens, Prize Law,
Questions of law 35:143-149 Salvage, Seamen, Shipping.
Questions of mixed law and fact
35:149-151 In general
Questions of procedure 35:128-132 Notes on the Rhode Island admiralty,
Recovery of illegal taxes - effect of failure 1727-I790 46:44-90
to exhaust administrative remedies
47:1156-1157 Federal legislation: in general
Relation of courts to administrative com- Jones Act-venue in state courts 41:791
missions 38:141-143, 146-152 Longshoreman injured on foreign vessel in
Requisites of adequate review of state American port--right to sue under
utility rate orders 50:813-821 Jones Act 42:273
Review of action of Federal Radio Com- Shipowner's liability un
mission 42:948 failure to give proper
Review of administrative case of illness 46:712
proceedings
36:588, 589 Statutes should be interpret
Review of administrative proceedings on custom 37:535-541
certiorari 31:890 Torts on high seas: law of domicil of
Review of order of public owner as opposed to registry of
utilities ship
com-
mission; nature of appellate juris- applied 45:582
What constitutes " e
diction 39:39I
under Harter
Review of President's Act 17:277
findings of fa
quired in exercise of delegated legisl
powers 48: 805-806 Federal legislation: power of Con
Right to independent Applicability of Longshoremen's a
judicial determina-
tion and trial de novobor ofWorkers' Compensation Ac
" jurisdictional
facts" underlying administrative juries suffered in shipbuilding
orders
46:478-49ICongressional extension of admira
Right to review in a federal diction to cases of damage to lan
court
43:380-385 tures by vessels 42:563-566
Scope of judicial review under requirement
Constitutional Longshore- of uniform
men's and Harbor Workers' in general 37:1114
Compensa-
tion Act 43:131 - validity of federal statu
Separation of powers: workmen's
judicialcompensatio
review of
administrative regulation before
time workers other than master and it has
passed the legislative crew stage 37:893, 9I2
37:II3I
Statutory appeal to Constitutional state court from ta
assessment as judicial bitration
proceeding Act 45:925 remov-
able to federal court 48:673 Injury upon navigable wate
Strategic position of courts in avoiding dictional
re- fact" underlying
sponsibility for administration power 46:487-488
47:934-937 Longshoremen's and Harbor Workers'
Trial by combat and the New Deal -Compensation
em- Act - constitutionality of
phasis on issues in contested cases as procedural provisions 46:478-491
barrier to effective participation by Power of Congress to legislate on maritime
courts in governmental regulation law 36:799-800
47:913-947 Right to trial by
Valuation in rate cases 43:1249-1281 ? 566 50:350

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ADMIRALTY I79
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in pla
CASES. The figure in front of the colon refers in each instance to the volume.

State legislation Extent of admiralty jurisdiction of f


"Death acts ": whether extended to eral
mari-courts I7:186, I97; 24:201-204
time law 21:75-77, 357, 363 Foreign government's claim under confis-
Effect of state statute abolishing cation
rightdecree to vessel in local port
recognized by maritime law 50:827
27:578, 585 Foreign vessels 24:489, 503
Effect of state Statute of FraudsThe
37:537
forum which may be invoked
Effect of uniformity test of state legisla- 44:244-252
tion in practice 36:796 The Great Lakes: included in term "
History of attempts to make state
seas" forcom-
purposes of admiralty ju
pensation acts applicable to dictionstevedores 7:372
injured on shipboard 37:478-482,Growth 496 of admiralt
Injuries to stevedores on shipboard are 22:404-407
within maritime jurisdiction andofsub-
Immunity foreign government-owned
ject to uniformity rule 37:479-48r,
merchant vessels from libel 40:I26
496 Immunity of government vessels from ar-
Recovery under state workmen's compen- rest I7:270, 277, 348; 32:727;
sation acts for maritime injuries when 35:330, 337
contract of employment is non-mari- Immunity of government vessels from ar-
time 35:745, 762; 49:826 rest: cross libels 36:871
State police power over vessels withinImmunitythe of vessel from libel after t
three-mile limit 21:357, 363 fer from a sovereign to a private pa
State workmen's compensation acts as ap- 36:I02
plied to maritime accidents 31:488;Impact on land resulting in goods fa
34:82; 35:743, 762; 36:783, 788-797; into navigable waters 46:112
37:538-541; 40:485-491 Injury to ship by land structure 44:460
Inland waters 22:406-407; 46:616-618
Uniformity as a test of the validity of state
law affecting maritime rights 36:790-800
Jurisdiction in forfeiture proceedings over
Uniformity test as applied to state legis- ship illegally seized 36: 6
lation on local matters: analogy be- Jurisdiction of the state at the maritim
tween stevedores and pilotage frontier 40:1-29
37:480, 481, 496 Jurisdiction over piracy
Validity of state statute allowing specific
Limitation of Liability
performance of maritime contracts to wreck - venue 46:113-114
arbitrate 37:II32 Loss of right to limit liability by failure to
assert it in state court 46:1022
Jurisdiction: in general Maritime law as a substantive law in com-
Action pending in foreign mon law courts for
country in maritime
same actions
cause 33:9; 40:314 36:779
Airplane fallen in navigable waters
Nature of the right in rem in admiralty
28:200, 203 35:330
Bridge injured by steamer breaking
Obstruction loose
to channel as tort within ad-
from moorings 21:536 miralty jurisdiction 50:826
Can admiralty jurisdiction of federal Power
courtsof shipowner to remove to federal
be limited by treaty? 29:219
court to limit liability 45:181
Changes in scope by recent decisions
Recognition by United States Supreme
37:529-544 Court of one comprehensive system of
Common law courts and law of the maritime
sea law 36:782-789
36:777 Recognition of substantive maritime la
Conflicts over jurisdiction in the Rhode
in common law courts based on prin
Island vice admiralty 46:53-59 ciples of comity 36:781, 801
Crime aboard American vessel in foreign
Relations of maritime law and common
port 46:1338 law 36:779-780
Discretion to decline jurisdiction
Relative of suit
jurisdiction o
by American subrogee of alien principal
bankruptcy where mar
against alien 47:535 volved 38:1072
Early application in admiralty of common
Shipowner's limitation: sc
law principles 36:777-778 utes a jurisdictional pro
Equitable jurisdiction: accounting inciden- 37:535-536
tally involved 33:858 Ship repairing maritime, b
Equitable jurisdiction: recovery of fraudu-
non-maritime 37:533-534
lently procured payments on marine in-
State-created liens: whether enforceable
surance policy 40:1148 exclusively by federal courts
Exercise of jurisdiction over cause of ac-
7:49. II9, 373; 9:482; II:266; I3:303;
tion accruing in foreign waters 42:434 22:415-417

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I80 ADMIRALTY
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refer

Suit on arbitration award


Whether demurrage or recov-
rate precludes on o
obligation after award 50:125 ery for dead freight 40:1014
Tendency toward uniformity in maritime
Tortslaw
actions in admiralty and common
courts 36:779 Admiralty rule of damages adopted by
Tests of jurisdiction: locality 12:430; common law court in action for tort on
i6:21o, 219; 21:536; 25:38I, 383; high seas 33:300, 309
37:531-533 Application of doctrine of c
-maritime nature of the act negligence and the fellow-s
I8:299, 309; 25:381, 383; 3I:304 in common law courts 36:794, 797
-maritime nature of transaction Application of general average to liability
I6:210, 219; 32:853 for tort committed in saving ship
-maritime relation of parties i6:2Io , 29:546
219; 25:38I, 383 Combined negligence of two ships in sink-
Tort by vessel under government control ing a third ship not a joint tort 37:619
38:678 Compulsory pilotage: ship-owner's lia-
Vessel requisitioned by foreign government bility for pilot's acts I5:405
released on owner's bond 29:871 Contributory negligence: doctrine th
What law governs maritime injury danger invites rescue in admiralty law
44:225-244 42:821
What law governs ship on high seas Contributory negligence as a defense t
I7:I99; 27:268, 282 an action in admiralty under a state
Wrongful Death Act: death on land causeddeath statute 38:672, 678
by injury on navigable waters 38:252Extension of fellow-servant rule
i8:294-297
Jurisdiction: state courts Extension of respondeat superior doctrine
Jurisdiction of states before and since 1789 19:445-452
3:365-368 Extension of the "last chance" rule
Power of state court to decree the sale of I8:537
vessel 30: 82 Government barred by laches from assert
Proceedings ining rem in of
lien when rights state
third partiesco
State jurisdiction intervene in tide 41:248 wate
Recovery for subseque
Contracts in saving negligent ship 36:486
Application of maritime law rules govern-Legal adjustments of personal injury in
ing contracts in common law courts the maritime industry 44:223-258
36:795 Liability of owner for subordinate officer's
Contract to pay maritime and non- wilful assault on seaman 43:490
maritime liabilities of the promisee Lien for collision against vessels owned b
41:791 the United States: does it become effec-
Exemption for negligence: effect of subse- tive when government ownership ceases
quent negligence 38:823 37:541-544
Exemption of carrier from liability Limitationfor
of liability: negligence of tug
negligence: passenger carried free not imputed to tow 33:469
14:147 Limitation of liability for negligenc
Foreign arbitration clause-stay of pro- towage agreements 46:152
ceedings for arbitration abroad underLimitation of liability for persona
Federal Arbitration Statute 41:664 44:252-257
Hire of dredge 20:409 Municipality's liability: tort of f
Interpretation of "liberty to call" clauseI4:450, 540
in bill of lading 40:774 Order of priority of liens arising from suc-
Limitation of liability in suit cessive on implied torts 23:60
warranty of seaworthiness 47:518 Recognition of state law
Local Statute of Frauds not applicable to county 26:751
maritime contracts 36:788 Recovery against
Payment of excessive freight by a mistake
bar 37:619 as
creating a maritime lien 47:519 Recovery for d
Right of stevedore to maintenance, cure, 32:713, 727
and wages 42:820 Respondeat superior in maritime law
Right to complete voyage and earn 36:787 freight
after abandonmentShip's ofliability
ship for wilful
at seatort ofowing
seaman
to submarine attack 32:835 19:209
Validity of usage of rendering salvage Tort on high seas: federal courts enforc-
serv-
ice gratuitously 35:615 ing statute of state of ship's domicil
When right to freight begins 32:581 21:1-31; 22:41-417

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ADMIRALTY - ADMISSIONS 8 I
References in heavy-faced type are to LEADING ARTICLES; in italics to NOT
CASES. The figure in front of the colon refers in each instance to the volume.

--law of the flag applied 27:82 Use of admissions as affirmative proof


-state court enforcing local statute 35:428-429; 37:518
9:482; 15:408 By parties and privies
Practice Admissibility of statements by an agent as
Appearance of owner after libel in rem: evidence against his principal 13:4I2;
effect on limit of recovery 13:406 43:936-940
-judgment in personam 25:81 Admissibility of unenforceable oral con-
Applications of equitable principles tract as admission as to value of services
35:614 40:648
Forfeiture for violation of law: degree of Agent's admissions by conduct not within
proof required I3:523 the scope of his employment
Forfeiture proceedings: whether civil or 35:430-431
criminal 36:612 Attorney's authorized statement to client's
In the Rhode Island state court of ad-
adversary 7:185
miralty 46:59-62 Beneficiary's proofs of
In the Rhode Island vice admiralty
policy as admission o
46:48-53 43:132
Libel of different vessel than that 42:464
Co-conspirators involved
in controversy 50:125 Co-conspirator's declaration: ag
admissible
Release of ship on bail: re-arrest after ap- 15:320
pearance of owner 13:406 Co-devisee's statements
Remedy for non-maritime tortConductor's
35:613 report of a
Right to withdraw suit after defendant 35:430
has petitioned for limitation of liability Deliberate false testimony as an admission
29:448 of liability 42:831
Stay of proceedings to compel waiver of Employer's report to Indu
immunity by a sovereign 36:871 Board of privileged comm
Suit against non-resident enemy alien 38:396
32:285 Husband's admission offer
Damages in action for his death I3:526
Admiralty rule of divided damages in limi- Husband's admissions, when joined for con-
tation of liability proceedings for littoral formity, not receivable against wife
injury 45:577 23:642
Adoption of admiralty rules
Identity of interest: in ofaction
general discussion
common law court 33:300, 309 doctrine 10:130, I5:320; I6:305;
American rule of damages for joint tort of 23:397, 403
two ships sinking a third ship 37:619Joint obligors 42:468
Compensation for loss of use of a vessel Joint owners 42:470
39:760, 773 Mortgagee's admission: ad
Division between two tortfeasors I9:I29 against assignee 14:464
Division of damages between negligentOffer to compromise admissible to
vessels in action in state court 25:387 delay in bringing suit 42:697
Full value of repairs in collision I0:58 Offer to compromise in criminal case
Interest upon demurrage 21:367 20:71
Recovery from one of two vessels at fault Predecessor in interest 42:471
24:150; 25:183; 26:264 Predecessor in title: admissibility of state-
Seaman's right to recover under the Jones ments when ownership, not possession,
Act after accepting maintenance and in issue I4:464; 23:397, 403
cure 41:662 Principal and surety 42:466
Warranty of seaworthiness
Requirement that they be voluntary
cause of unseaworthin
criminal case 35:472
ADMISSIONS Statements of defendant's attor
In general court 35:430
Statement of tran
By parties and privies
By conduct sible against cor
Judicial admissions wrongful regist
See also Agency, Attorney and Client, Evi- Statements showin
dence (Hearsay: against interest), Privi- distinguished fr
leged Communications, Witnesses. Stranger to action
ments against interest io: I30
In general Train-dispatcher's sheet admitted in ac-
Developments in the law-- 932 tion against railway company 25:89
46:r162-r163 Wife's declarations admissible against hus-
Rationale of vicarious admissions band as co-conspirator 29:332
42:461-482 Wills 42:476

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182 ADMISSIONS - ADVERSE POSSESSION
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; an
CASES. The figure in front of the colon refers in each instance to the volume.

By conduct Claimant regarding as owner o


Accused failing to have wife in court for fact owner 13:225
identification 7:367 Color of title: whether
Admissibility of statements Constructive
made in the possession
presence of a party 43:289-293 14:389
Denial of guilt when accused of crime:-occupant's rights again
whether admissible 15:155 14:389
Failure to answer letter as an admission - under deed actually pa
by recipient 35:429 purports to 23:56, 60
Payment into court 18:460, 464 Fraudulent concealment of owner's title
Silence of person under arrest when ac- from owner 11:553
cused of crime 34:205, 210; 35:429 Holding under unrecorded de
Where agent's conduct is not within scope owner 21:363
of employment 35:430-431 Hostility: wheth
necessary 24:232
Judicial admissions Knowledge that claim is unfounded:
Conclusiveness 32:731 whether essential 6:385; 7:241, 377;
9:289, 467-470; 10:314; 1I:480, 553;
ADOPTION 13:152; I4:374
See also Conflict of Laws (Inheritance: Licensee occupying in ignorance of con
intestate succession), Descent and Dis- veyance by licensor I4:374
tribution, Parent and Child, Wills. Minerals, severance from surface
Adoption as a status 38:1084-1085 II:417; 24:582; 26:555; 27:173
Adoption of child held to effect a partial Notice to co-tenant by recorded deed
revocation of a will 33:724 37:i6o
Collateral inheritance by adoptedNotice children
to real owner: adverse deed re-
38:976 corded by tenant at sufferance 8:431
Effect of a subsequent adoptionPolicy on the and operation of the statutes of
right to inherit under a prior adoption limitation 32:135-147
3I:488 Possession under unreco
Legitimation compared with adoption Possibility of suit by ow
38:1084-1085 sential 10:I32, 3I4; II:553; I4:149
Requisites of abrogation 27:182 Right of adverse possessor to recover dam-
Rights of child in estate of one who made ages for permanent depreciation 27:496
invalid contract to adopt him Right of heir of adverse possessor to main-
43:652; 49:644 tain ejectment without having had pos-
Rights of child under unexecuted contract session 21:375
of adoption 30:642 Tenancy under void
Specific performance of contract to adopt:
22:138, 1
right of inheritance 32:854; 37:504 Title by adverse possession 32:135-159
ADULTERY - abandonment 38:523
See also Criminal Law, Divorce, Homicide,
Subject matter of adverse poss
Husband and Wife.
"Abandoned " highway 35:763
Acquittal of one principal no bar Chattels:
to con- adverse possessor as disseisor un-
viction of other 12:282
der early law
ADVERSE POSSESSION 3:23-24, 28-30, 39, 343-345;
Nature and requisites 29:378-386
Subject matter of adverse possession -rights of adverse possessor
Continuity of adverse possession 3:23-24, 28-30, 39, 343-345
Tacking Constructive possession: application of
Who may gain title doctrine to large tracts of land
Against whom title may be gained 25:183
Pleading and proof Minerals 11:417; 24:582; 26:555; 27:173
See also Color of Title, Covenants of Title, River bed: riparian occupant's rights
II:130
Easements, Evidence, Limitation of Ac-
tions, Possession, Prescription, Quieting Strip under eaves of another's hous
Title. 24:232
Continuity of adverse possession
Nature and requisites Bringing of suit by tenant for infringe-
Action to quiet title as tolling Statute of ment of easement 20:317, 329
Limitations 40: 27 Change of ownership during adverse pos-
Adverse possession in contempt session of 12:569
court
30:80 Entry of stranger o
Burden of proof 39:503 I0:251

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ADVERSE POSSESSION -AGENCY 183
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain typ
CASES. The figure in front of the colon refers in each instance to the volume.

Interval between successive disseisins Railroad chartered by


2:339; I3:52 from state statute 17:57
Presumption of agency from relation
Railroadof
company 15:146, I57; 27:277
parent and child 20:410 Remainderman: adverse claimant holding
Sale of land on foreclosure of tax lien during life tenancy 10:132
32:844, 854 - doctrine of disseisin by election
Vis major I6:224 State IO:314; 12:569; 15:146;
23:555, 56I; 29:88, io6
Tacking State or municipal corporation 17:273
Descent from or devise by one adverse oc- Tenant in common under disability
cupant to another 9:279; 14:149 2I:37I
Invalid deed by one adverse occupant to
Pleading and proof
another 13:52; 16:376 Relationship of parties: whether conclusiv
Mere transfer of possession against by one adverse
adverse holding 10:376
occupant to another 9:279; I4:72 Tenant's declarations as to character of
Privity between successive holders landlord's occupation 16:2I6
29:790; 32:147-159
Successive disseisins 2:339; 3:322-323; ADVERTISEMENTS
9:279; I3:52
See also Copyrights.
Successive disseisins of chattels
Constitutionality of billboard regulatio
3:323-326 49:869-902
Sufficiency of privity between husband False
and advertising as unfair competition
wife 17:277 der NRA codes 47:z13
Who may gainNature title of interest created by
Devisee under void display advertisement
devise 19:526
hold
other devisees 9:361 Protection of advertising rights against
Donee under parol gift 11:64 impairment by unfair competition
Donee of invalid gift to whom tenant for 38:123
years has attorned 22:229 Recent steps toward accuracy in advertis-
Grantee of tenant for years withouting
notice 47:462-463
of tenancy 22:604 Statutory attacks on
ing 43:945-949
Grantee under an unrecorded deed from
the owner 21:363 Validity of billboard
Grantee of adjacent landthetic
underpurposes 48:847
deed pur-
porting to include land in question
ADVISORY OPINIONS
18:62; 23:56, 60
Innocent person named as grantee in forged See also Constitutional Law (Judicial pow
ers).
deed 11:553
One American
claiming less thanattitude fee
toward 37:972
In federal
18:380, 390; courts 37:975
19:463
In general 37:970-1009
Quasi-public corporations having
eminent domain 12:144 In Missouri 37:978
In11:553;
Relative of real owner I0:376; state courts 37:977
In the Permanent Court of International
24:495
Remainderman under void devise through Justice 37:984-1001; 50:415-418
occupancy of life tenant I9:59 On constitutionality of statutes
State against another state 23:555, 56i 37:973-975, 1002-1009
Tenant in common holding against AFFIDAVITS
co-
tenant 9:361; II:480 See also New Trial.
United States I7:55 Based on information received by telephone
Widow having right of quarantine I4:149 8:118
In appellate
Widow holding under dower right court of testimony given at
17:131
Wife against husband 24:316 trial 41:394
Against whom title may be gained AGENCY
Grantee: effect of grantor's remaining in of relation
Nature
possession 25:285 Scope of agent's authority
Grantor by unrecorded Agent'sdeed
liability 21:363
to principal
Infant tenant in common with adults
Principal's liability to agent
10:384Third person's liability to principal
Landlord barred by possession Principal'sof tenant's
liability to third person: con-
grantee 22:604 tract
Municipality 15:146, 157;
Principal's liability21:292;
to third person:35:763
tort
Public corporation Principal's
invested with
liability for title of
acts of inde-
public school house sites 20:644
pendent contractor

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184 AGENCY
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refe

Principal's liability Insurance for crimes comp o


Undisclosed principal's agent of insured 47:138
liability t
person Landlord and voluntary helper during
Agent's liability to third person gratuitous inspection of tenant's prem-
Third person's liability to agent ises 42:708
Ratification Liability of c
Termination prisonment by city jailer 43:327
Legislation Necessity of consideration 31:891
See also Admissions, Brokers, Constructive Possession by agent: when deemed posses-
Trusts, Damages, Employers' Liability sion of principal 5:9-10; 14:304
Acts, History of Law (Agency), Licenses, Power of an agent to bind his principal by
Master and Servant, Negligence, Part- acts beyond his actual or apparent au-
nership, Patents, Trusts, Workmen's thority 42:685-688
Compensation Acts. Power of dealer to bind conditional vendor
Particular classes of agents, see Attorney by transaction with bona fide purchaser
and Client, Auctions, Automobiles, Banks 44:II35
and Banking, Brokers, Carriers, Corpo- Power of dealer to bind owner by mort-
rations, Factors and Factors' Acts, Inn- gage 45:375
keepers, Insurance, Municipal Corpora- Presumption
tions, Physicians and Surgeons. parent and child 20:4Io; 25:734;
28:91, o00
Nature of relation Special police officer: whether agent of
Agency by estoppel 33:628 employer 19:210
Agent acting for two principals Statute declaring any p
9:2I8, 349; 13:522; I5:583, 672, 859; an insurance company
25:467; 27:282, 585 an agent 31:897
Analysis of relation 9:507515 Statute of Frauds:
Appointment by infant: void or voidable to secure mortgagee of land 33:735
11:340; 23:145 Statutory obligation to employ licensed
Attorney's liability for negligence of asso- foreman 20:230
ciate 47:1056 Subagent's duty of lo
Bondholders' committee in corpo 44:984
organization 42:928 Taxability of gain accr
Compulsory pilotage I5:405 chase from principal 50:502-503
Corporation formed to hold bank Train operated over line of one company
stock-
holder's shares as agent 48:670-672 by servants of another i7:51, 6i
Depository bank as purchaser of commer- Whether an interpreter acts as an agent
cial paper or collecting agent 30:397
46:690o-692 Scope of agent's authority
Distinction between relation of principal Acts without agent's authority: estoppel
to agent and of corporation to stock- of principal in tort action 15:322;
holder: subsidiary corporations 32:426 16:226
Distinction between relation of principal Admissibility of statements by an agent
to agent and of stockholders to corpora- as evidence against his principal
tion 36:740 43:936-940
Duty of loyalty: Agent for secret
letting and sale, making sale to
agreem
commissions void 33:976 a tenant he has procured 2I:297
Essential elements: authority Agent and control
for sale: limitation of authority to
of master 12:431 retail sales I4:68
"Family purpose " doctrine Agents of 48:499-500
corporation
Father's liability for son's to know use authority
of a motor-I7:133
cycle 38:122; 43:133 Agent of undisclosed principal 23:
Father's liability for son's Authority
use of of attorney to delegate
family
automobile 28:9r, I00 other attorney in such a way as to
Father's liability for torts substituted
of son 25:734 attorney and client in
Fiduciary character of relation rect relation 40:493
9:159, i6o; 12:64, 438 Basis of apparent authority 42:570
Hired automobile and respondeat superior Bona fide purchase from purchaser with
33:714, 725 notice of agent's fraud 25:184
Husband as wife's agent to care for child Check drawn to fictitious payee by agent
29:99 with no authority to draw to bearer
Identification of principal with agent 29:216
7:I85; 8:230; I2:6o; 13:412 Combining orders to buy from several
principals into one purchase
Impossibility of having an agency by neces-
sity 33:627 14:r46, I52

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AGENCY 185
References in heavy-faced type are to LEADING
CASES. The figure in front of the colon refers in

Commercial traveler: implied


Liability authority
of a trustee for
15:15I default of an agent 43:1122-1126
Determined by instructions to agent and Liability of agent for refunding money
representations to third persons due third persons 23:638
9:516-519 Liability of bank for default of s
Effect of principal's representations to one in collecting II:4I3; 14:384; 23:639
person on agent's power to bind him by Liability of collecting bank for accepting
an unauthorized transaction with an- draft as payment for commercial paper
other person 42:270 4I:249
Emergencies: implied authority Payment of
of principal's
agent debt with em-
7:49; 8:496, 503; 9:213; 13:603; bezzled money 44:461
29:547; 3I:797 Principal's right to agent's illeg
False bill of lading made out by agent 18:309
20:493 Principal's title to patents obtained pur-
Implied authority of national conventionsuant to employment 36:468
of political party to borrow money Property purchased by agent in fraud
23:313 principal 9:I59; 12:64, 438; 24:672
Insurance agent: implied authority to Recovery by employer of employee's
waive conditions 12:503; 13:146; earnings from competitive business
I5:575, 582; 17:203 47:352
Insurance agent: interpretation of mean-Recovery for agent's negligence denied
ing of application 37:260 where equivalent to an indemnity for
principal's
Insurance agent: some suggested reforms in own tort 33:i06
parol evidence rule 47:1 oo-IO17 Right of former employee to conclu
Insurance solicitor as agent of insurer or partially completed negotiations
insured to fill out application 37:260 48:1014
Liability of principal to bona fide pur-Right to dispute principal's title 47:3
chaser of check from agent without State's right to bribe paid to its offic
authority to indorse 42:949 38:395
Principal's
Misappropriating agent receiving return of liability to agent
the misappropriated funds with knowl-
Agreement to waive claim for negligen
edge that a preference is intended validity and effect 5:94; 6:451;
2I:I41 9:545; 10:387; II:56
Power of selling agent entrusted with
Commissions: collection agent's right in
chattel to collect price 50:126 funds collected 21:287
Rationale of vicarious admissions in evi-
-estate agent's right on sale to tenant
dence 42:461482 whom he has procured 21:297
Sale by agent to himself 28:623 Compensation for benefits to principal's
Tests of scope of employment: intention estate after principal's death 11:65
of agent 13:303 Discharge before termination of contract:
-nature of agent's act I6:6r, 62 remedies of agent 14:294; 15:73
Waiver of condition of written notice to-measure of damages 12:435;
principal 49:325 I5:662, 673
Effect
Whether determined by on corporate
estoppel or officer's
by ap- term of em
parent authority 9:516-519; 15:324;
ployment of statutory provision for re
i6:186-192 moval " at pleasure " 50:518-520
Agent's liability to principal Indemnity for erroneous foreign judgment
Agent not liable for negligence in the for- against agent 16:594
mation of a contract where the contract Indemnity for loss incurred by
is illegal 34:432 third person committed und
Agent's interference with pal's prospective
orders 22:131, sale I45
by principal 33:309 Liability of prior master for injury o
Architect as agent: degree of ring
skillunder
to which
his successor 31:311
principal is entitled 10:449 Liability under Workmen's Compensation
Bankruptcy of agent: principal as pre-
Act to person employed by agent to
ferred creditor 9:160 assist in emergency 31:797
Government's right to patents obtained
Wrongful by
termination of authority
employee 46:149 14:294; 15:73
Gratuitous agent's liability for nonfeas-
ance 27:167, 174; 44:121 Third person's liability to principal
Injunction against use of list of customers
Deduction on check by drawee bank for
by agent 30:655 indebtedness of agent I4:619
Liability for amount of securities
Defenses based on acts falsely
of agent: arson by
declared by agent to represent
agent of insured invest- 10:I31
ment of principal'sEffect
moneysof false20:230
representation of aut

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i86 AGENCY

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain
CASES. The figure in front of the colon refers in each instance to the volume.

by agent with apparent authority Waiver of condition by agen


48:48I binding on principal 12:503; I3:146;
Effect of receipt of usurious commission I5:575, 582
by agent 27:174 Warehouse receipt fraudulently issued by
Note delivered to agent
agent in escrow I4:152 8:230;
12:6o When agent has
Notice to agent as satisfying condition of for himself 17:56
written notice to principal 49:325 Where third party thin
Suit by orally disclosed principal within his authority 35:201
when agent signs and seals as party
35:339 Principal's liability to third person: to
Uncommunicated knowledge of agent af- Admissions by agent 7:185; 13:412
fecting principal beyond period of em-Applicability of respondeat superior to
ployment 44:I137 carefully selected professional employee
47:524
Principal's liability toAgent
thirdacting person:
under directioncon-
of indepen-
tract dent contractor 12:137
In general I9:456, 463; 3I:960 Assault and battery 44:642
Agent acting for two principals: effect Bailee:of liability for wilful miscondu
misstatement by agent 15:583, 859; servant I7:198, 490; 28:IOI
25:467 Bank: liability for misappropria
-enforceability of contracts 9:2I8; special deposit by officer 37:497
15:672; 27:282, 585 Carrier: liability for act of sleeping-car
-when proper 9:349; I3:522 porter 23:400
Civil liability of members of unincor- Charitable corpor
porated labor union 42:551-552 ligence of agents 9:541; 12:128;
Contracts within scope of apparent au- 14:229; I6:530; 23:61; 24:232; 25:720;
thority: in general 5:1 32:293
-instructions violated by agent 7:49; Civil liability of members of unincorported
15:489 labor union 42:550-555
Defense to contract obtained by bribery Compulsory employment of p
of the agent 21:541 agent I5:405
Effect of superfluous indorsement Constitutionalion right
to rely on apparently authorized bility in-upon ow
dorsement 46:516 an injury is ca
Emergency necessitating tion contractby immed 7:49;
I3:603 family 34:434
Husband's liability for Dangerous necessaries when instrumhe
allows wife sufficient for household ex- bility for accident
penses 22:56 watchman with pistol 42:269
Imputing knowledge Deceit by agent of 9:I59;one
11:340; cor
partment to another 49:629-630 i6:6I, 62; 19:391
Insurance company's liability for agent's Doctrine of respondeat superior applied to
misrepresentations 37:260 claims against the government
Knowledge of agent: when imputable to 34:163-165
principal 8:229, 502; 9:543; II:477; Duty of bailee 37:497
15:489, 583; i8:6I7; 26:237-252, 547, Effect of verdict in favor of servant and
652; 27:481; 34:657; 37:260; 39:645 against master in action based on form-
Liability of corporation for contract made er's wrong 45:939
by promoter prior to formation 33:110 Exemplary damage for ag
Power of an agent to bind his principal by 5:21-22; 7:45; I5:7I; 33:III
acts beyond his actual or apparent au- Failure of agent to perform duty owed by
thority 42:685-688 principal: dangerous instruments
Promissory notes made by agent 7:237; I5:406; 16:528
I4:I53 -statutory duty 6:381
Quasi-contractual liability of principal-wilful
for misconduct I4:297; 15:670
benefits received under contract made Fraud: issue of forged stock certificates by
by unauthorized agent 30:402 secretary 18:144; 20:230; 22:526, 532
Railroad's liability to physician employed -liability for fraud of agent committed
by agent to attend injured trespasser for benefit of agent 26:449
29:547 Growth of vicarious liability for wilf
Respondeat superior: carrier's liability for torts beyond the scope of the emplo
delay by strike I9:54 ment 45:342-349
Theoretical basis of principal's Inability
liability of jury to
5:2-9 two persons is master 44:1136

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AGENCY I87
References in heavy-faced type are to LEAD
CASES. The figure in front of the colon refers

Incompetent agent gency committing tort 8:496, 503;


negligently retain
principal 9:283 9:2i3
Liability for agent's wrong
Theoretical in procurin
basis of principal's liability fo
breach of principal's agent's torts 4:345-364;
contract 48:301
Liability for tort of apparent 7:107-112,agent 330-337, 384-
47:344 9:519-520
Liability for torts of employee using hisVerdict in favor of agent, effect
own automobile in service of employer 45:1230-1236
42:1075 Vicarious liability: statutes as a guide to
Liability of a trustee for the negligence or its basis 45:171-175
default of an agent 43:1122-1126 Violation by agent of prin
Liability of chief of police for false im- resulting in damage I6:219
prisonment by city jailer 43:327 Violation of statute as preventing ap
Liability of employer to wife of servant tion of family purpose doctrine 4
for injuries caused by servant's negli- Who is liable for negligence of driv
gence 42:697 hired automobile 33:714, 725
Liability of infant principal for t
agent 44:1292 Principal's liability for acts of independe
contractor
Liability of owner of a family ca
36:I02 As narrowing doctrine of Rylands v.
Liability of owner of vessel for subordinate Fletcher 29:808-813
officer's wilful assault on seaman Basis of non-liability for co
43:490 ligence 5:14-15
Liability of parent corporation for acts Buildings:
of negligent c
subsidiary 43:1154 II:419; I3:307
Extra-hazardous
Liability of principal for felonious acts 8:58; 14:62, 68;
assault
of agent 30:389 34:55I
Hirer's
Liability of principal to liability
wifefor copyright
of infringement
negligent
agent 38:324 by independent contractor 43:828
Liability of Inadequacy
vehicle of criterion of control
owner for tort
vant 38:513 50:1231-1232
Libel published by agent 9:543 Injuries caused by non-negligent blasting
Negligent conduct of agent I3:303; 48:860
I5:405; 45:376 Injury caused by contractor operating
Negligent injury to recipient of gratuitous truck without permit 50:828
service 23:61 Landowner's liability for negligent blast
Nominal plaintiff's ing liability 26:650 for tort o
torney of real party Landowner's
in interest 49: lia
Physician's liability for negligence I8:I44 o
sistant 34:563 Liability for explosives 28:100
Liability an
Public agents: whether for injury to passer-by to
exception caused
thb
general rule 4:356-358, 361-362; dangerous scaffolding 50:702
31:307; 32:447-472 New corporation formed by members of
Public officer's liability for negligent tort old
20:413
of private agent 16:219 Public highway
and repair I4:62, 68; I5:485, 490
"Quasi negotiable " instruments tortiously
issued by agent 22:526, 532 -private nuisance in public highway
Railway company's liability for agent's 20:73
Who are independent contractors: in gen-
failure to protect imperiled and helpless
person 43:652 eral 7:237
Respondeat -foreman
superior: extension ofapp
doc
to admiralty 19:445-452 I9:540
- foreman of
Responsibility of landlord for conduct licensed under statute
voluntary helper during gratuitous in- 20:230; 21:284
-lessee railroad I8:I52
spection of tenant's shop 42:708
Restriction of choice to licensed class
Principal's liability for crimes
I8:225 Criminal liability: sale of in
Scope of agent's employment as test of
liquor 33: 15
liability 5:16-19; 7:399404; 8:502; Criminal responsibi
11:346; 13:303; I4:297; I5:4o6, 670; other 43:689-723
i6:6I, 219; 32:172; 38:515 Homicide caused by neg
Servants doing work of independent con-
tractor 36:1028 4I:398
Slander by agent 23:304; 26:175 Undisclosed principal's liability to third
Sub-agent appointed by agent in emer-person

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I88 AGENCY
References in heavy-faced type are
CASES. The figure in front of the colon

In general 23:513-530; 33:628 Owner's immunity under guest statute ex-


Contract by agent combining orderstended
from to servant 50:1324
several principals I4:I46, 152 Parties to writings: parol evidence t
Defenses: pendency of action against agent
erate agent 26:650
I7:414, 4I7 Personal liability of age
-judgment against principal in action for ultra vires transa
against agent 22:532 Preference: liability for
Election of remedy against ence
agentin
or course
prin- of emplo
cipal 14:68; I7:44, 417; 23:590-602 2I:534, 538
Election of remedy: what constitutes elec-
Procuring principal's breach of contract
tion after discovery of principal 34:441; 48:298-302
23:593-602 Rescission of contract by infant principal
-what constitutes election before dis- as breach of warranty of authority
covery of principal 23:590-593 48:IO16
Express instructions: whether violation Revocation of authority: whether excus-
affects principal's liability 7:49 ing failure to complete contract I2:275
Liability in assumpsit when agent hasSpecialty: fictitious principal I9:59
given promissory note 22:56 Theory of undisclosed principal applied to
Offer to contract adopted by undisclosedtorts 25: 83
principal before acceptance 19:296 Treasurer of po
Passage of title to undisclosed principal money borrowe
45:I82 23:313
Payment on contract to defaulting agent: Trust property in custody of trustee's serv-
principal's obligation to repay 15:863 ant: liability to cestui 13:530
Personal prejudice and the doctrine of the Unauthorized agent's liability on negotiab
undisclosed principal 44:1271-1275 instruments 20: 59
Power of undisclosed selling agent en- Warranty of authority by
trusted with chattel to collect price extent of doctrine 12:275; 13:I46;
50:126 I5:7I; 16:311; 20:211-212; 24:422-423
Promissory notes: undisclosed principal as -whether doctrine applies to public
a party 11:340 agents Ii:60
Ratification by undisclosed -after insanity of principal 23:478
principal
14:153
Surety on agent's notes 20:65 Third person's liability to agent
Agent performing principal's contractual
Agent's liability to third person duty to third person 9:151
Agent's liability on implied warranty of
Attorney continuing suit fraudulently
authority, accrual of action 43:324continued by client 14:383
Defenses: judgment against undisclosed
Attorney for collection agency: suit aga
principal 22:532 owner of claim 9:151
Drawee's recovery against Knowledge agent of collecting
principal imput
check with forged indorsement 20:492 26:652
Fraud of agent: obligation to indemnify
Replevin by agent to recover
defrauded person 16:369 property I4:304
Liability of agent of municipal corpora-
tion for misfeasance 29:323, 337
Ratification
Liability of agent who acts for undeter-
mined principal 42:123 Application of doctrine of relation back
after
Liability of member of religious Statute of
society onLimitations has run
note signed as trustee 48:674 4I:792
By municipal corporation of intra vires
Liability on contract for partly undisclosed
principal 27:83; 37:762 contract executed without proper au-
Liability on contracts made for undis- thority 47:1164-1166
closed principal 33:59i, 604 Contract made by promoter f
Misfeasance and nonfeasance: how dis- tion to be formed 33:IIo
tinguished 9:356 Fallacy of doctrine 33:628
Money paid agent under mistake
Contracts capableof fact
of ratification:
- defense of payment instrument to principal II:I96
47:1066 Extent of principal's liab
Nonfeasance of agent curred as basis of liability
by ratification 13:56
I6:301; 26:174; 43:959 Insurance contract: ratification after loss
Note signed by agent as agent 20:504; 25:729, 735; 26:264
33:265-266 Knowledge of agent: when imputable to
Note signed as agent without express de- principal for purpose of ratification
nial of personal liability 23:60 42:124

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AGENCY -- ALIENATION I89
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

Principal non-existent when contract Principal's


com- liabilit
pleted 8:357; I2:506; I4:536, 544 Compensation Act
by agent to assist
Principal retaining benefits of agent's un-
authorized act 29:216 3I:797
Requisites for ratifications: Vicarious liability:of
acceptance statutes as a guide to
burdens as well as benefits 8:284; its basis 45:17I-175
0I:315
-contract expressly made for principalAGRICULTURE
14:153; I5:221, 232 In general
Ratification by silent acquiescence and re-
Equity and American agriculture
tention of benefits 42:124 50:205-212
Theoretical basis of liability 5:11-13 Agricultural Adjustment Act
Withdrawal of other contracting party: Constitutionality of processing and floor
ratification before and after 3:91; taxes 49:828; 50:807-810
9:60-71; 12:279
Termination Enjoining collection of processi
49:rr3-116
Damages: measure of damages for wrong-
Processing taxes and protective tariffs
ful termination 12:435; 15:662, 673 49:610-618
Death of nonresident motorist as revoking
Windfall tax and refund provisions of
commissioner's power to accept service
Revenue Act of I936 50:477-489
49:I45
Death of principal as revocation 11:65;
AIR LAW
I2:67, 563; 37:253, 261
Forwarding bank's acceptance of remit- See also Constitutional Law, Interstate
tance draft as terminating agency rela- Commerce, Radio, Taxation.
tionship with depositor 50:978
In general
Insanity of principal as revocation 13:303
Intervening war 31:637, 650 Admiralty jurisdiction of airplane fallen
Powers of an agent after the death ofinhis navigable waters 28:200, 203
principal 44:265-269 Aircraft and international law
Remedies of agent for wrongful termina- 50:426-427
tion I4:294; I5:73 Aviation under the common law
Revocability of agent's authority: 48:216-237 bare
power 16:220 Effect of aviation upon tort law
-power coupled with an interest 50:728-729
I0:308; 12:67; 19:287, 296; 37:253, 261 Federal regulation of intrastate air traffic
Revocation by principal: effect of actual 43:837
The international flying convention and
and constructive notice to third parties
19:373, 377 the freedom of the air 33:23-38
Jurisdiction over crime committed in the
-excuse for failure to complete contract
12:275 air 50:1136-I 37
Revocation by principal: power of agentLiability of aviator for
without knowledge thereof 19:373 sulting from forced
Natural communism
--time when revocation takes effect
13:523 - aviation 47:426-428
Revocation of power of attorney by death - radio 47:429-430
or insolvency 46:797-798 Trespass to realty by
Vicarious
Sale by agent for selling and letting after liability impos
he has made a lease 21:297 45:I75
ALABAMA CLAIMS
Legislation Nature of claimant's right 3:91; 5:20
Compulsory pilotage 15:405 Proceedings of Geneva Tribunal as prec
Constitutionality of Federal Employers'
edents for German-American Mixed
Liability Act 21:290 Claims Commission in decisions on
Constitutionality of statute making owner
claims for recovery of war risk insur-
of automobile liable for injury from
ance premiums 37:492
negligent operation by members of his
family 34:434 ALASKA BOUNDARY DISPUTE
Failure to provide a safe place to work b
Generalby
a foreman licensed discussion I6: 5o, 418-435
statute 21:284
Liability of automobile owner for torts o
person driving withALIENATION
consent of owner
Restraints on, see Future Interests
38:513
straints
Master's liability to on alienation),safe
provide Trusts (Re-
place
work 20:230 straints on alienation of cestui's interest)

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I90 ALIENS

References in heavy-faced
CASES. The figure in front

ALIENS Right to fair hearing in exclusion pro-


In general ceedings 4I:522-525
Nationality Whether a judicial questio
Disabilities 17:488, 493; I8:390;
Exclusion of aliens 22:221, 227, 360-366
Deportation Deportation
Naturalization Construction of statute providing for de-
Alien enemies portation when alien is sentenced more
See also Administrative Law, Chinese, Citi- than once to a term of imprisonment
zens, Constitutional Law, War. 45:578
Delegation of power to determine what
In general
aliens shall be deported
Constitutionality of discrimination be-
tween declarants and non-declarants 37:1118, rr20, II36
Naturalization
37:372, 38I
Cancellation of illegally procured certifi-
Enforcement by assignee of contract to
cate 41:248
convey land to alien 21:363 Cancellation o
Inheritance tax on estate of non-resident
alien as assailable under due process
32:971
Claim of exemption from draft as dis-
clause 48:503 proving attachment to Constitution
Non-resident aliens: rights of, under
36:337
statute for death by wrongful act Conflict of federal and state statutes
I9:215
24:499
Operation of draft regulations against Desire to alter form of government by
aliens within ages liable for military constitutional means as lack of attach-
service 32:433 ment to Constitution 46:325
Nationality Determination of citizenship on motion
Associations 31:996-1010 to dismiss petition for naturalization
Citizenship of children of aliens I2:55 48:1429
Commercial houses 31:991-996 Election to public office and naturaliza-
Condition of statelessness 35:210 tion after election 7:123
Duty of allegiance when natural sover- Expatriation, whether an absolute or
eign occupies country where alien resides qualified right 32:r60
21:64 Fraud in decree of naturalization:
Individuals 3I:987-991 whether state court may vacate on a
Not a part of public law 31:985-987 count of 19:297
Puerto Ricans: whether aliens or sub- Inability to speak English I9:392
jects 17:412 Japanese eligibility to naturalization
under federal law I6:302
Disabilities
Naturalization in time of war 32
Denial of right of aliens to maintain Residence in United States: proof
billiard rooms 33: o8 supplementary affidavits 24:399
Denial of right of aliens to own land:
--necessity for naturalization by mar-
validity of Pacific Coast Alien Land riage 22:532
Laws 37:372, 38I Residence require
Preference given to local men creditors
serving by on v
state courts 21:537 try 41:662
Right of illegally enteredStatus
alien to sue for
in En
wages and for tort 47:520 in Australia 33:962, 976
Right of Japanese in California schools
Status of Filipinos for purposes
20:337 migration and naturalization 3
Suits by enemy aliens 28:312, 317; 42:809-812
32:737; 33:871 Suggested reforms in naturalization laws
Exclusion of aliens 31:988-991
Construction of "persons likely to
Whobe-
is a "free white person" within
come a public charge" 29:215 federal naturalization law 23:561;
Crimes involving moral turpitude 24:150; 27:277; 36:878
43:118-121 Alien enemies
Exclusion proceedings: alien in contempt See also International Law, War.
for refusing to testify against himself Corporations: determining enemy charac-
22:227 ter I5:236
-whether criminal 17:490 Judgment re
Judicial power of review 29:215 alien enemy
Right to be represented by council in ex- to alien property custodian 33:87I
clusion proceedings 41:522-525 Naturalization in time of war 32:163

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ALIENS - ANNUITIES 191
References in heavy-faced type are to LEADING ARTICLES
CASES. The figure in front of the colon refers in each instanc

Right of citizen of United States en- Property in animals


gaged in Irish Rebellion to be treated Dogs as property protected by constitution
as an alien friend 34:433 8:285
Status of alien enemies in courts of bel-
Dogs, property in, for purposes of civil
ligerent 28:312, 317; 31:470, 495; action 13:1 52
32:737 Ferae naturae, animals 5:404; I2:346
Suits by enemy aliens 33:871 Mortgaged animals: ownership of off-
Suit in admiralty against non-resident
spring I6:442; 21:443
enemy alien 32:285
Transfer of trade mark Damage by aliento person
property
custodian 43:636-641 Absolute liability in early law
7:325-328, 4494
ALIMONY Carrier's liability in the abse
See Abatement and Revival, Divorce. gence for injuries caused by
during transportation 21:441
ALTERATION OF INSTRUMENTS Injury to person by cow on land adjace
See Bills and Notes (Defenses: altera- to highway 34:783
ation), Suretyship, Wills. Injury to young child in
negligence of custodian 28:513
AMBASSADORS AND CONSULS Keeping and harboring sufficient to impose
liability 19:463
Effect of consular appointment during trial
Liability for attack b
on state court's jurisdiction 44:1292
be vicious, but not k
Effect on a consul's immunities of his loss
34:770, 78
of his office 35:753 Responsibility at com
Immunities of consuls contrasted with
Snell 22:465-491
those of ambassadors 35:752 Savage dog entrust
Immunity from local jurisdiction 12:495
fault another servant is bitten
Immunity of consuls from process of state 22:490-491
courts 35:752, 763 Theories on which American courts base
Immunity of member of diplomatic staff
liability for injury by animals 22:527
charged with consular functions
Trespasser injured by vicious horse in field
42:582
where
Jurisdiction of state court owner expected
over action trespassers
for
24:320
divorce against foreign
Damageconsul
to personal43:822
property
Mode of establishing right to diplomatic
Absolute liability in early law 7:325-328
immunity 42:582 Automobile damaged by collision with
Right of asylum in legations, especially in
horse straying on highway 33:470
South America i5:118-139 Bees: damage by I9:6I5
Right of consul to be appointed adminis-
Responsibility at common law
trator of foreign decedent's estate Snell 22:465-491
25:735
Theories of American courts 22:527
Right of foreign embassies to be repre-
sented in our courts by amici curiae Trespass to realty
34:773, 782 Absolute liability of owner 7:450-452
AMENDMENTS Bees I9:6I5
Of pleadings, see Pleading. Chickens 34:55I
To Constitution of the United States, Jointsee liability 20:324
Constitutional Law. Liability without proof of scie
To corporation charters, see Corporations. 32:420, 431
To statutes, see Legislation, Statutes. Poison set by land-owner as protection
against trespass I5:I59
AMERICAN LAW INSTITUTE Straying from highway 20:569
See Restatements of Law. Unfenced land: trespass by animal wrong-
fully on adjoining land 20:569
AMICUS CURIAE -western law as to unfenced land 4:44
Unforeseeable injury: to licensee 22:533
Right of foreign embassies to be repre-
sented in our courts by amici curiae
ANNEXATION
34:773, 782
AMUSEMENTS See Constitutional Law, Extradition, Int
national Law.
See Theatres.
ANNUITIES
ANIMALS
See also Future Interests, Trusts.
See also Dangerous Premises, Railroads,
Death of proposed annuitant before p
Torts.
chase of annuity 20:331

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192 ANNULMENT -APPEAL AND ERROR
References in heavy-faced type are to LEADING ARTICLES; in italics t
CASES. The figure in front of the colon refers in each instance to the volu

ANNULMENT Effect of transfer of cause


See Marriage. Effect of a supersedeas of a divorce decree
upon an order for support 37:763
ANTI-TRUST LAWS Effect of appeal on running of statute of
See Monopolies, Restraint of Trade.limitations on right of action based on
prior suit 33:985
APPEAL AND ERROR Effect of decree segre
Nature and form of remedy municipal corporation
Decisions reviewable 44:473
Effect of transfer of cause Habeas corpus-right to relief pending
Presentation of grounds of review state's appeal from decree of discharge
Review 48:513
Determination and disposition of cause Power of court to appoint receiver after
See also Administrative Law, Constitu- appeal in principal cause 4I:544
Power to punish, pending appeal, violation
tional Law, Criminal Law (Appeal),
Courts, Equity, Federal Courts, Federal of injunction 21:444
Power to punish violation of i
Equity Rules, Habeas Corpus, History
vived by supersedeas 21:444
of Law (Procedure and Courts), New
Supersedeas: appeal bond for intermedi
Trial, Trial.
court sued on pending appeal to upp
court 38:517
Nature and form of remedy
Attacking appointment of receiver by Presentation of
senior circuit judge self-designated as Joint assignmen
district judge 46:506-507 appellants 34:783
Certiorari to federal circuit courts of ap-
Raising new questions o
peals 48:266-274 40:997-Iooo
Federal statute abolishing writs of to
Reversing judgment for error error
which no
41:673 exception had been taken 36:103
Mandamus to inferior court where remedy Review by Supreme Court of federal ques-
by appeal is inadequate 35:344 tion first raised on rehearing in highest
Moot cases in equity 34:4I6, 433 state court 49: 50
Right to appeal from part of judgment
while accepting part 42:271 Review
Right to appeal when criminal caseAffidavits
has in appellate court of testimony
become moot 41:534 given at trial to supply deficiencies in
-by escape 41:534 record 41:394
-by pardon 41:534 Amendment to corr
Should right to appeal be curtailed or tification and signin
abolished 33:326 47:Io62
Trial by combat-results Appeals of emphasis
from inter on
"issues" raised by record federal courts 47:913-919
Waiver of right to prosecute second
47:802-803, appeal
811, 818-821
20:231
Appeals on issue of tort contribution liti-
Whether bill of exceptions is a vested right gated in injured plaintiff's action
I9:465 47:214-221, 225, 237
Whether review of a state court decision
Appeals to Supreme Court from interlocu-
should be had in the Supreme Court by tory decrees 46:253-257
writ of error or by certiorari 35:618Comparison of the review of j
Writ of error coram nobis 37:744, 774 of legislative action 34:863-866
Findings of fact in constitutional cases-
Decisions reviewable application of Federal Equity Rule 70O
Appeals for costs 4I:654-657 49:635-638
Appeals from orders and proceedings Judicial review of commission rate regu-
under Bankruptcy Act, ? 77B lation 34:862-879
49:1163-1166 The law of the case 42:938-94z
Finality of decision for purposes of appeal Questions reviewable on appeal from con
33:1076 sent decree 46:891
Finality of decree for purposes of Supreme Reversal by United S
Court review 48:302-309 in memorandum opin
Review of denial of motion for new trial judgment of state
because of inadequacy of nominal dam-Review of lower federal courts by the
ages 46:852 Supreme Court 35:902-909
Right of appeal from verdict of seven Review of orders in habeas corpus
jurors 39:262 ceedings 41:902-905

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APPEAL AND ERROR-- ARBITRATION AND AWARD 193
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RE
CASES. The figure in front of the colon refers in each instance to the volume.

- discharging orders 41:904-905 Of dividends, see Corporations.


-remanding orders 41:904 Of income, see Estates (For life), Tru
Right to review facts in election Ofcontests
taxes, see Constitutional Law, Taxa
I8:153 tion.
Rule of review of immigration board find-
ings 37:379 ARBITRATION AND AWARD
Unification of method 5o:1058-1059 In general
Arbitration contracts and submission
Whether a paper attached to the jury's
Arbitrators and proceedings
findings may be considered on appeal
44:1293 Award
See also Administrative Law, Contracts,
Determination and disposition of cause
Labor Law, Master and Servant, Spe-
Affirmance of judgment to end protracted
cific Performance.
litigation 48:823
Affirmance of judgment where majority
In general
disagree with result, but reach their re-
Arbitration as a remedy for ills of judicial
sults by different lines of reasoning
system 48:I4I-I 46
22:533
Appellant's right of dismissal denied where Arbitration as an escap
prejudicial to appellee 33:858 combat" 47:928-929
Arbitration statutes in the co
Conviction on instructions requested by
appellant not justified by evidence 47: 38-319
Arbitration to determine rental in case of
29:448
Decision by divided court 20:23I lease 36:726, 76I
Australian methods in
Dismissal of action against one alternate
defendant 35:466 29:13-39; 32:189-21
Dismissal of primary Commercial electionarbitration
contest 32:584
as
Compelling arbitration to determine fair-
moot when no hearing possible before
general election 48:844 ness of contracts made before passage of
NIRA 47:114-117
Effect of attorney-general's confession of
Compulsion in labor arbi
error on criminal appeal 49:645
Inconsistent conduct construed as aban- 34:126-12
Constitutionality of com
donment of appeal 46:843
arbitration 38:753-792, 0o97
Judgment notwithstanding the verdict
33:246-248 Constitutionality of the United States
Arbitration
Mandate of appellate court remanding and Act 45:925
Creation of special tribunals to sett
reversing cause: effect of 19:533
Modification of former opinion and rein- dustrial disputes 34:133-135
statement of judgment by state court Effect of prior arbitration upon admiralt
after reversal by Supreme Court 49:838 jurisdiction 50: I25
Enforcement of state arbitrat
Penalties for frivolous appeals
43:113-II7
federal courts 42:8o0-805
National war labor board 33:39-63
Practice of the United States Supreme
The paradox in arbitration law: compul-
Court in remanding cases for further
consideration 43:940-944 sion as applied to a voluntary proceed-
Refusal to reverse after lower court sus- ing 46:1258-1280
tained defendant's demurrer when only -arbitration agreemen
nominal damages could be recovered 46:1259-12
30:80 -defenses to motion
Remanding cause for error in sustaining 46:1270-12
demurrer to evidence where nominal -mandatory enforcement under moder
statutes 46:1261-1267
damages could be recorded 37:763
Reversal of judgment although no assign- - oppressive provisions in arbitration
ment of error upheld by majority of clauses 46:1274-1275
-ordering extra-territorial
court 28:424
Simplification of procedure 46:1268-1270and
ment of appellate -provisional
court's remedies
power pen
50:1060-1063 tion 46:1267-1268
Unavoidable destruction Promise to sell of at price
record
32:572 by appraiser 50:533
APPOINTMENT, POWER OF Rules of law or laissez-faire in co
See Powers. arbitration 47:590-627
- agency and judicial views
APPORTIONMENT 47:591, 598-599
Of Congressional districts, see Constitu-
-common-law and statutory methods
tional Law, Elections. 47:591-594

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I94 ARBITRATION AND AWARD -ASSAULT AND BATTERY
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to R
CASES. The figure in front of the colon refers in each instance to the volume.

--confusion of statutory provisions Arbitrators and proceedings


47:594-597 Can statutory arbitrators make oth
-finality of arbitrators' decision on lawmoney awards? 46:3r4-319
47:602-609 Liability for negligence of valuers a
- judicial review in England and Americafor both vendor and purchaser
-need of utilizing courts 47:610-619 38:254
-rationale of allowing arbitrators to ig- Procedural difficulties in arbitration: the
nore law 47:601-02 English statutory remedy 48:309-319
-rules for arbitration as substitute for -fees of arbitrators and umpires
law 47:619-626 48:312-313
-types of questions arbitrated
- position of successors to original parties
47:599-601 48:3ro-312
Two views of commercial arbitration: -power of court to grant provisional
contract or judgment 40:929-942 remedies 48:317-318
--arbitrators as agents or judges 40:932 -removal of arbitrators 48:314
-awards as precedents 40:930 - terms giving undue advantage to drawe
-certainty required 40:933 48:3z3-314
-evidence 40:936 --time limit in rendering awards
-judicial review 40:934 48: 36-317
-matters of law 40:936 - umpires and impartial arbitrators
- procedure 40:935 48:3I4-316
-ratification of awards 40:933 Award
-records and publicity 40:931 Contract by testator that award shall bind
-some differences of the two views in executor 22:61
application 40:937-940 Necessity for ex
-statutes 40:937 ing judgment u
Validity of executors' States Arbitration Act 46:517 to a
stipulation
trate mental capacity Perjury as of
ground for vacating judgmen
testator
50:537 on award 49:327
Verdict of a seven-man jury as an award Validity after award 34:557
of arbitration 39:262 Validity of award by foreign arbitra
43:653
Arbitration contracts and submission ARMY AND NAVY
Action for conversion of goods bailedEffect
as a of creation of National Guard in
dispute arising out of contract of bail-
militia 30:176, I9I, 712-723
ment 47:699 Right of parent to procure discharg
Applicability ofminor statute
after wrongful making
enlistment 30
to arbitrate irrevocable to agre
arbitrate the ARREST fixing of future w
42:821
See also Bail, Criminal Law, Habeas Cor
Conditions providing for arbit
view of authorities II: 234-246 pus, Homicide, Sovereign.
Arrest before requisition 3I:650
-validity 8:505; 11:127, 246-248;
Arrest vacated when party is already under
I4:70
bail on another charge I7:I97
Constitutionality of section 4A of the New
Arrest without warrant: arrest by depu
York Arbitration Law 43:824
warrant in sheriff's hands 7:311
Effect of an arbitration agreement on the
-arrest of participant after termination
Statute of Limitations 40:1139-1143
of affray 7:124
Federal Arbitration Statute, stay of pro-
Legal and social aspec
ceedings for arbitration abroad 41:664
a warrant 49:566-592
Revocation of submission to arbitration by
Liability of governor of state
death of a party 21:537
35:185
Scope of the New York Arbitration Law
Liability of officer for detent
43:809-813
Specific enforcement of agreement to arbi-
investigates law 48:131
trate in another state 47:I055
ARSON
Specific performance of contracts to arbi-
See also Insurance.
trate 47:1041-1044; 5o:183
Stay by federal court of suit broughtrequired
Burning in for arson: house blown
up and burned 12:433
contravention of agreement to arbitrate
elsewhere 48:121 Mens rea, development of 45:1002
Substantial damages for breach of arbitra-
tion clause 48:327 ASSAULT AND BATTERY
Suit in foreign court in See also Arrest, Criminal
violation of Law (Former
agree-
ment to arbitrate 47:126 jeopardy), Rape.

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ASSAULT AND BATTERY -ASSOCIATIONS 195
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain
CASES. The figure in front of the colon refers in each instance to the volume.

Civil liability Validity


Conduct causing only emotional distress Assent of creditors: whether essential to
49:1050 validity 8:266-267; II:412; 29:449
Damages: recovery for nervous shock Foreign assignments: in general
11:202; 15:304, 323 i:263-264; 7:50, 432
-proof of provocation in mitigation -whether voluntary deed essential
I5:673 13:484489
Defenses: consent in action for procuring
Foreign voluntary assignments I7:287
abortion 8:317; II:478 Fraudulent conveyances: when general as-
- consent of victim of statutory rape so held 11:552
signments
28:oo00 National bankruptcy law: whether
-inevitable accident 5:36 ing validity 14:298, 541
Insult by employee of public service com- bankruptcy proceedin
Subsequent
pany 2I:58; 22:306 8:265-278; I2:503; I3:I47; 14
Liability of master for felonious assaultI5:578 of
servant 30:389 Rights and duties of assignee
Liability of principal for assault
Compensation: and b
when assignmen
tery of employee 44:642 15:578
Motive: intent to frighten 10:252 Recovery of preferences by assig
Physician's liability for operation without I4:298
patient's consent I9:220; 26:91 Validity as against assignee of im
Wife's right to sue husband for assault recorded mortgage on stock of m
34:676 dise 47:346
Criminal responsibility
See also Self-defense. Property passin
See also Conflic
Consent as defense to criminal prosecution
8:317; 11:478 Burdensome property 14:618
Government awards: interest in Alabama
Forcible prevention of wrongful levy on
defendant's property 29:330 Claims 3:91; 5:204
Liability for selling drugged candy to Leases
be 14:618
given to third party 11:478 Partner's interest
Specific intent of defendants engaged Property
in in foreig
common enterprise 27:174 I:263-264; 7:5
What is necessary for an assault Marshalling
13:526 assets
Equitable mortgag
ASSESSMENTS creditors 7: 86
Of insured, see Insurance. Mortgagee required
Of stockholders, see Banks and Banking,
property he has pu
Corporations. ceeding against oth
Of taxpayers, see Constitutional Law (Due
erty 22:447
process of law: assessments), Municipal
Partly secured cr
Corporations, Taxation (Local assess-
whole claim 9:43I
ments). Surrender of securities as condition to
proving for whole claim I8:144
ASSIGNMENTS
See Bankruptcy, Banks and Banking,Rights
Bills of creditors
Assignment as defeating priority of state
and Notes, Bills of Lading, Champerty
and Maintenance, Choses in Action, Con- 47:843
Creditor's right to attack other debts se-
flict of Laws, Copyrights, Deeds, Equity,
cured by the deed 14:540
Executors and Administrators, Fraudu-
Effect of Uniform Fraudulent Conveya
lent Conveyances, Insurance, Judgments,
Act 46:415-416
Landlord and Tenant, Letters of Credit,
Objecting
Liens, Mortgages, Novation, Powers, creditor
fraudulent assignment 17:281
Public Officers, Trade Marks and Trade
Names, Transfer of Stock, Waters. Priority of wage claimants over lienholder
43:954
ASSIGNMENTS FOR CREDITORS Proof of costs in judgment obtained after
Validity assignment 25:468
Secured creditors: right to
Rights and duties of assignee curity and receive a dividend on the
Property passing to assignee
Marshalling assets whole claim 2I:280, 290
Rights of creditors ASSOCIATIONS
See also Bankruptcy, Fraudulent Convey- In general
ances.
Nature, formation and dissolution

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I96 ASSOCIATIONS -ASSUMPTION OF RISK
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RE
CASES. The figure in front of the colon refers in each instance to the volume.

Rights, powers and liabilities Liability of treasurer for money lent t


Officers and agents the association 23:313
Rights and liabilities of members
Actions Rights and liabilities of mem
See also Charities, Corporations (De facto
Equitable protection of membership
corporations), Labor Law, Partnership, therein 29:677-682
Trade Unions. Exclusion of member: interference by
courts 29:560
In general Expulsion of mem
Business trusts 33:704-705 courts 9:55I; I0:248, 3II
Dogma and practice in the lawInternal of associa-
affairs of associations not for
tions 42:977-1014 profit 43:993-1029
Labor copartnership in industry
Jurisdiction of equity to en
35:910-925 27:71
Liability of labor unions 50:1113-1116 Refusal to enforce partnership liability of
Trade association activities 36:637-638 shareholders in business trust as con-
Trusteeship in modern business trary to public policy of forum 47:526
42:1048-1061 Resignation from membership: whether
acceptance by society necessary 9:551
Nature, formation and dissolution Review of church decisions affecting prop-
Control of property on division of mem- erty interests 39:1082
bership 9:359; IO:r84; I2:509; Suspension of members: inte
16:528; 32:180; 39:I080 courts 10:248
Dissolution: equitable jurisdiction to dis-Unincorporated a
solve I8:I47 of members of
Dissolution of unions 42:550-555
unincorporate
associations 41:898-902
-distribution of assets 41:901-902 Actions
-partition theory 4I:899-900 Jurisdiction over and method of service on
--unanimous consent theory 41:898-899 unincorporated non-business association
Distribution of property upon dissolution 39:514
of an unincorporated association Jurisdiction over foreign associations by
42:816 presence and substituted service
Nature of relation between subscribers to 30:702-711
inter-indemnity insurance plan 40:492Process against certain officers binding
Revival of association after incorporation upon individual members 20:58. 69
and subsequent dissolution 30:657 Status of an unincorporated association
Trust to liquidate business 42:445 for diversity of citizenship jurisdiction
Unincorporated associations: legal status 42:I079; 47:I35
in general 9:55I; I5:3Io; ASSUMPSIT
29:407-408, 416-423; 30:678-686;
Action based on waiver of tort, see Q
33:298, 325 Contracts
- nationality 3I:996-1010 Breach of trust as basis of action for
-personality of 29:404-405, 416-423 money had and received 6:321;
10:317; I4:305
Rights, powers and liabilities Effect of seal on a promissory note
Capacity of an unincorporated association 43:654
to be beneficiary of a trust 42:814-816 Historical reasons why assumpsit does n
Massachusetts business trust as entity cap- lie for use and occupation 2:377-380
able of promise - negotiability of bonds History of assumpsit: express assumpsit
49:478 2:1-19
Name of organization: right to exclusive -implied assumpsit 2:53-69
use I3:685; 23:572; 43:1147 Origin of assumpsit 25:428-442
Religious societies: adjudication between
Principal's liability in assumpsit when
rival church governments 39:ro79 agent has given promissory note 22:56
Religious societies: control by civil courts Tax: right to sue in assumpsit
8:429; 9:359; IO:184; I2:509; 16:528 21:283, 295
Trust for unincorporated society Work and labor: when promise to pay
I5:525-526 will be resumed II:415
Officers and agents -justifying seller's action for p
Authority of executive committee to bor- title has passed 20:363-364
row money 23:313
Liability of ASSUMPTION
member OF RISK
of religious society
note signed as trustee 48:674 See Negligence.

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ATHEISM - ATTORNEYS 197
References in heavy-faced type are to LEADING ARTICLES; in ita
CASES. The figure in front of the colon refers in each instance to the

ATHEISM ATTEMPT
See Criminal
Of one parent as ground for awarding cus- Law, Larceny, Rape.
tody to other 49:831
ATTESTATION
Whether a charitable object 3I:29I, 313
See Deeds,
Whether a crime at common Wills.
law 31:289
ATTACHMENT ATTORNEY, POWER OF
See Power
See also Arrest, Bankruptcy, Conflict of of Attorney.
Laws, Execution, Exemptions, Home-
ATTORNEY AND CLIENT
stead, Partnership, Transfer of Stock.
See Attorneys.
Grounds for attachment
Whether an action for fraud and deceit is ATTORNEY-GENERAL
an action "arising on contract" Effect of confession of error in criminal
31:797 appeal 49:645
What property may be attached Nature of attorne
Bailee's interest as a bar to attachment I5:67
29:775 Power of state att
Cars engaged in interstate commerce: I9:524, 536
whether attachable under state statute Quo warranto: attorney-general as agent
23:642 or representative of state I5:67
Choses in action: situs for trustee process Restraining misuse of public funds: attor-
I i:108-112 ney-general as necessary party to suit
Contingent remainders: attachment in 9:546
equity I6:377 ATTORNEYS
Judgment debt a contract under South In general
Admission
Dakota attachment statute 9: I58
Disbarment
Power to appoint scholarship II:337
Property brought into state without con- Duties to client
sent of owner 24:567, 578 Authority
Privilegedas
Right of action for personal injuries communications
attachable property 12:2I9 Compensation and lien
Rolling stock of non-resident carrier See also Admissions, Champerty and Main-
20:319, 330; 21:59; 29:775 tenance, Constitutional Law, District and
Stock certificates in hands of bailee Prosecuting
by Attorneys, Illegal Contracts,
creditor of bailor 25:74, 85 Judges, Legal Ethics, Practice of Law,
Unripe crops I3:2r8 Privileged Communications.
Whether attachment of saving's bank ac-
In general
count covers subsequent dividends
30:513 Advice to deserter as assistance under a
Effect of attachment statute 33:859
Alienation of property in custody of court Appointment of pr
47:o025-1026 indigent defendant 46:335
Appearance: filing of forthcoming or re-Conclusiveness of judgment rendered
plevy bond 29:547 appearance of unauthorized attorney
Attachment of stock as constructive notice 50:1144
47:351 Corporation may not appear by an at-
Bill of lading: right of holder when goods torney in fact 37:384
are attached in possession of bailee Dissolution of law partnership:
I9:370, 377 I8:69
Nature of office of attorney 10:55
Foreign attachment by creditors of insol-
vent debtor 5:211-221 Nominal plaintiff's liability for tort of at-
Levy by lienor: whether it torney of real party
destroys lienin interest 49:325
12:571 Presumption of undue influence by attor-
Levy by mortgagee on mortgaged prop- ney-legatee 48:692
erty 23:639 Right of attorney to contin
Loss of lien through testifying for client 48:140
attachme
of lienholder 35:475 Right to enjoin illegal practice of law by
corporationof
Realty attached: whether in possession 47:1202-1205
court I9:210, 377 Testamentary gift to attorney: pres
tion of undue against
Validity of foreign assignment influence 14:73
sub-
sequent attachments 7:432
Admission
ATTAINT
Admission of women 8:174; 27:586
See History of Law (Procedure and Compulsory law-school attendance as a
courts). qualification 10:439

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I98 ATTORNEYS
References in heavy-faced type are to LEADING ARTI
CASES. The figure in front of the colon refers in each ins

Corporation cannot practise law 24:60 insured to bind him by settlemen


Law-school diploma as ground of admis- 47:138
sion 9:276 Public influence of the bar 48:1-14
Power of legislature Summary remedies against to inte
attorneys at
trol of courts I3:233-255 law 43:1126-r130
Registration of attorney as condition Time to when opponent m
right to practise II:'5 torney's authority to sue 44:985
Regulations in New York 6:259; 8:282 Warranty of authority by attorney after
insanity of client 23:478
Disbarment Whether attorney should represen
Acceptance of public salary without ren- whose cause he does not believe
in
dering service 46:1333 38:1003
Crimes involving moral turpitude Privileged communications
43: r8, 120 Attorney as depository in escrow 37:262
Effect on tenure of judicial office 4I:99 Attorney as witness to a will or as a
Power of legislature to provide jury trial trustee 35:687-689; 40:115
45:737 Communication by agent of client
Duties to client I3:692
Action for money collected by attorney:Communication made under mistake to
Statute of Limitations 10:309; 40:493 attorney of opposite party 32:290
Attorney's liability for negligence of as-Necessity of private communication
sociate retained for single case 47:I056 I3:692
Estoppel of an attorney to act against a Office copy of will after testator's death
former client 33:848, 859 23:650
Illegality of bargain involving financial
Power of persons claiming under a will of
loss if result of appeal favorable to the client to waive the privilege 40:1x6
client
49:1376 Privilege of attorney not to disclose client's
Legal ethics arising from relation between
identity 29:109; 38:831
attorney and client i5:714-724 Statements by attorney 43:134
Liability of attorney for failure to bring
Statements to prosecuting attorney
suit within period of limitations 35:209
33:605 Testamentary cases 40:II5
Nature of attorney-client relation 5:6-7Testator's instructions as evidence
Negligence of attorney: right of client tobate of will 11:63; I3:691
vacate judgment IO:250; 17:I36 Whether attorney or client has pr
Negligent misrepresentation as to security I3:z45; 35:685-687
28:525 Whether suit must be in contemplation
Obligation to perform a bare promise 11:128
made to client's former solicitors Compensation and lien
21:140 Acceptance by silence of attorney's offer as
Authority to fee 46:846
Admission of attorney as evidence against Action by attorney
client 7:185 by client's discha
Arguing client's case in 28:IOI;newsp
30:183
tempt 48:893 Allowance of fees for services to bankrupt
Attorney's consent in connection
towith discharge 42:o075 bef
hearing
than full court 25:558 Attorney on a contingent fee as a party in
Duties of attorney as officer of court
interest 34:216
10:55 Collusive discontinu
Duty to disclose truth in a criminal case torney's right to co
30:642 25:468
Forcing an attorney to withdraw from suit Compelling discharge
as contempt of court 32:174 papers temporarily 35:885
Infant: whether bound by compromise Compensation to attorney of indig
made by attorney 12:2I8 client a public object 17:I97
Power of a court to compel attorney Contingent tofee: construction of cont
testify in a general investigation into 24:576
abuses in the legal profession -legality 16:594
42: 04-108 Contract solicited by
Power of attorney employed to foreclose ment 20:576
mortgage in foreign jurisdiction to en- Enforcement of
gage another attorney there 40:493 wife's attorney
Power of court to assign lawyers to needy after reconciliation 50:358
suitors 36:388, 391, 400 Liability of surety on appeal bond
Power of insurer's attorneys defending attorney's
for fee 4o:1007

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ATTORNEYS - AUTOMOBILES I99
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECEN
CASES. The figure in front of the colon refers in each instance to the volume.

Lien of stockholders' attorney on fundNon-resident motorist statutes


recovered for corporation 19:211 50:894-896, 1z28-1r29
Lien on document enforced out of fund Reciprocal and retaliatory tax statutes
realized thereby 30:191 43:642, 645
Limitation of attorney's fees Reckless driving as a crime within the
in proceed-
ings for war risk insurance and com- constitutional guaranty of trial by jury
pensation benefits 49:847 44:465
Measure of damages for discharge with-
Regulation-use of penal sanctions
out cause 28:101 50:634-636
Mortgage procured The search forby attorney
new sources of revenue-
future services 41:927 motor vehicle taxes 47:504-505
Priority of attorney's lien over right of
set-off 19:211 Public service vehicles
Reaching the interest Application of of res ipsa loquitur
the to col-
beneficia
a spendthrift trust 43:69 lision between common carrier motor
Right of executor to compensation as and
bus at- automobile 43:956
torney for estate 49:337 Preference given to railroad in applica
Suit in forma pauperis - necessity for
for certificate
con- to operate bus line
tingently employed attorney's joining in 41:542
oath 48:127 Regulation of the contract motor carrier
ATTORNMENT
under the constitution 44:530-567
State regulation of bus transportation
See Adverse Possession, Bailments, Land- 40:882-886; 41:260
lord and Tenant.
State regulation of private automotive car-
ATTRACTIVE NUISANCE riers 40:I31
See Dangerous Premises (Liability to Tres-
passers), Negligence, Railroads, License
Torts. and regi
Effect of impr
AUCTIONS Federal mail tru
See also Statute of Frauds. state chauffeu
Larceny
Revocation of auctioneer's authority after of license plates 40:787
hammer has fallen I2:275 Power of state to suspend automobile li-
censebid
Right of auctioneer to refuse a higher for failure to pay judgment dis-
I3:58 charged in bankruptcy 47:870
AUTOMOBILES The trespasser on the highway doctrine-
Regulation: in general a Massachusetts anomaly 46:319-325
Public service vehicles
License and registration Injuries from operation: personal injuries
Injuries from operation: personal injur- Application of res ipsa loquitur to auto-
ies mobile collision injuring invited guest
Injuries from operation: injuries to prop- 48:328
erty Constitutionality of statute depriving guest
Garages, repair men and filling stations of action for injuries caused by host's
See also Agency, Conflict of Laws, Consti- negligence in driving his automobile
tutional Law, Damages, Insurance, Mas- 42:702
ter and Servant, Municipal Corpora- Constitutionality of statute placing liabil-
tions, Negligence, Proximate Cause, ity upon owner of automobile when an
Torts. injury is caused by negligent operation
by immediate members of owner's fam-
Regulation: in general ily 34:434
Applicability of traffic ordinance to motor- Driver's liabilit
cycle officer for purposes of tort liability lack of skill 47:700
49: 54 Extraterritorial application of
A compensation plan for motor vehicle
ing lessor of automobile liab
accidents 45:1429-1430 age caused by operation 42:433
Constitutionality of compulsory automo-
Father's liability for wrongful use of mo-
bile liability insurance fund 44:123
torcycle owned and operated by son
Constitutionality of tax graduated accord- 43:133
ing to carrying capacity 33:737 Hired motor vehicles: who is liable for
Development of standards in speed legisla- negligence of driver 33:7I4, 725
tion 46:838-842 Homicide - negligence - respondeat su-
Effect upon tort law 50:726-728 perior -criminal liability of master for
negligence of chauffeur 41:398
Legislative efforts to make insurance guar-
antee payment of tort claims Injunction by abutter against parking on
46:1325-1333 the highway 45:384

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200 AUTOMOBILES - BAILMENTS

References in heavy-faced type are to LEADING ARTICLES; i


CASES. Ihe figure in front of the colon refers in each instance to the volume.

Insurance, part it plays in recovery by Violation of Federal Safety Appliance Act


injured person 45:1429 as basis of civil action by automobile
Jurisdiction over non-residentdriver motorists 48:345
for injuries done in the state 41:94 Violation of statut
Jurisdiction over non-resident owner in tion of family p
action arising out of another's operation
of his automobile in state 43:493 Injuries from oper
Killing while driving an automobile under erty
the influence of an intoxicant in violation Contributory negligence of bailee to whom
of statute 4I:669 automobile has been entrusted as affect-
Liability for automobile accidents
ing bailor's action for negligent injuryof
to
minors-common law and legislation automobile 43:502
48::498-5o3 Liability of owner for dest
Liability for lending automobile to one ing where kept by fire w
negligence 33: I8
who will probably drive while intoxi-
cated Measure of damages fo
36: 0o
Liability of usetorts
for of a pleasure vehicleof
injured em
own through negligence
automobile in 34:330 servi
42:1075
Liability of husband for injury to wife Garages, repair men and filling stati
43:1044, 1047, 1048, 1049 Rights of garage proprietor against o
Liability of parent for injury to child of lost automobile stored by unauth
43:1064-1067, 1071 ized third person 42:132
Liability of owner for torts of person
driving with consent of owner AWARDS
38:513, 527 See Arbitration and Award.
Liability of owner of a family car
36:102; 38:515 BAGGAGE
Liability of parent to occupant for negli- See Carriers (Passenger: baggage).
gent operation by child -effect of New
York statute 41:90 BAIL
Negligence, part it plays See also
inArrest, Criminal Law.
imposing lia-
bility 45: 428 Arrest vacated when party is already unde
Owner's liability bail foron another charge I7:197
bailee's neglig
another state 49:606-609 Bail's power over principal II:x41;
Persons having insurable interest for pur- 12:127
poses of liability insurance 45:I89 Contract to indemnify bail as a criminal
Rescission of automobile liability policy conspiracy 23:560, 565
by insurer and insolvent holder after Contract with third party to i
accident 44:470 surety on bail bond 22:530, 534
Statute extending liability of owner- Extradition (international): power of
automobile driven with borrower's per- court to admit to bail pending hearing
mission contrary to instructions of 42:276
owner 45:1109 Liability to answer charges not named in
Statute extending bond I8:539; liability33:977 o
negligent operation: Nature of bail piece I:54I; I2:I27
liability
for negligent operation by Pardon of accused after forfeiture of bail
lessee where agreement bond 11:342 betw
and lessee prohibited Power of lessee Unite fr
ing any one else to operate Justice to adm
41:90 9:151, 152
Statute permitting injured person toReleasesue of ship on bail and re-arrest there-
wrongdoer's insurer as creating a sub-after 13:406
stantive right 42:70I Wife's contract
Statute rendering nonresident husband's bail bond 43:497
automobile
owner liable for bailee's negligence
48:625-628 BAILMENTS
Statutory responsibility of nonresident Nature of bailments
owners 47:349; 49:322 Bailor and bailee
Bailor and
Subjecting the nonresident third persons
motorist to suit
43:949-954 Bailee and third persons
Substituted service on executor of non- Termination of bailments
resident motorist 49:I45 Gratuitous bailments
Vicarious liability imposed See
byalso Brokers, Carriers, Innkeepers, In-
statute
45:173 surance (Tnsurable interest), Pledges,

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BAILMENTS - BANKRUPTCY 201

References in heavy-faced type are to LEADING ARTICLE


CASES. The figure in front of the colon refers in each instan

Possession, Public Officers, Release,


Bailor's right to maintain trover
Trover and Conversion, Warehousemen. 50:375-376
Bailor's right to recover directly from in-
Nature of bailments surer on policy issued to bailee 42:707
Apartment house operator as bailee of Conversion by bailee: bailor's rights
property temporarily deposited in hall- against innocent purchaser 3:30;
way by incoming tenant 47:1433 II:4I8; 22:133, 142
Bailor's rights: history of, as showing Early law as to actions allowed against
property is in bailor 29:501-520 converter from bailee 29:503-513,
-whether title or chose in action 731-751
3:342; 6:42; 10:57, 306 Negligence of bailee imputed to his bailor
Bondholders' committee in corporate re- I4:150, 159
organization 42:928 Release by bailee not a bar to bailor's suit
Conditional sales distinguished for negligent injury15:414to chattel 50:829
Deposit of grain in elevator 8:432; Right of bailor to maintain conversion
38:518 against third person 49:1100-1107
History of the law and its present status
20:297-312
Involuntary bailments 35:873 Bailee and third persons
Attornment by bailee to bailor's vendee
Powers of bailee implied from bailment
8:423 8:423
Conversion from bailee: effect of owner's
Restaurant keeper as bailee of guest's over-
coat 26:751 fraud on right of government to recover
as bailee of owner for conversion of mail
Shopkeeper as bailee of prop
tomer 20:491 27:185
-measure of damages I3:4II;
Bailor and bailee 25:655, 660
Bailor's right against bailee: nature of- right of bailee to sue in trover 6:156;
i5:585
right 3:342; 6:42; 10:57, 306; 20:298
Right of bailee to interplead third persons
-modes of extinguishment 10:57
17:489, 495
Conversion by bailee: driving horse be-
Right of bailee to maintain conversion for
yond place designated 8:280; 27: I75
Conversion of bailee's interest by bailor full value 49:1088-1100
49:1108-1109 Right of bailee to recover full
from surety of converter 3I:1028
Conversion of bailor's interest by bailee
Sale by bailor: effect of sale after con-
49:1107-1109
Duty of one letting carriages to inspect version by bailee 5:347; 6:42
25:660
-nature of rights acquired by purchaser
Duty of care owed by bailee 5:226-228; 5:347; 6:42; 8:423; 10:57
12:571
-necessity of justice to bailee 13:609
-rights of attaching creditors of bailor
Estoppel of bailee to deny title of bailor
I3:609
39:638
Historical development of common law Termination of bailments
liability of bailee for hire 38:45-46 Death of bailee: whether termination ipso
Liability of bailee for wilful misconduct facto I4:I57
of servant I7:198, 490; 28:101 License to enter and take: whether im-
Liability of infant bailee for conversionplied by termination I0:I92
28:521
Limitation of liability by contract Gratuitous bailments
20:299-04; 26:651
Misdelivery by involuntary bailee as a Degree of care required of bailee
conversion 35:873 5:226-228; 12:571; 34:82
Negligence of bailee: historical Measure of damages
basis in bailee's
of action
liability 2:4-7 against third person 13:411
Parol gift to bailee o1:306 Nature and extent of liability of gratu
Right of bailee to contract against tous bailee I7:126, 135, 501; I8:539
liabil-
ity for negligence 20:299-312 Negligence, gratuitous bailor's duty to in-
Rights and liabilities of bailee spect 43:I45
29:731-751
Bailor and third persons BANKRUPTCY
Action of trespass by bailor 29:513-520; Legislation: in general
731-751 Federal legislation: in general
Attachment of stock certificates in handsState bankruptcy and insolvency law
of bailee by creditor of bailor Effect of federal law on state laws
25:74, 85 Act of 1898 and amendments

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202 BANKRUPTCY

References in heavy-faced type are t


CASES. The figure in front of the colon

Amendments Power of 1926


of Congress to court
to vest federal the of B
Act equity with affirmative control of re-
Jurisdiction of federal courts organizations 36: 101
Acts of bankruptcy: in general Power to limit rent claims to maximum of
Fraudulent conveyances three years' rent 50:1292-1295
Preferences Proposed amendment to Bankruptcy Ac
General assignments for creditors allowing composition agreements by
Petition creditors of political subdivisions
Who may become bankrupt 46:1321
Partners Provisions of railroad reorganization la
Exemptions of bankrupts binding dissenters 49:1278-1283
Duties of bankrupts Provisions of railroad reorganization law
Compositions postponing creditors 49:1263-1265
Discharge Public debtor relief as invasion of state
Effect of discharge sovereignty 48:1435
Debts not affected by a discharge
Procedure and practice State bankruptcy and inso
Provable claims
Effect of general assignm
Priorities
laws 28:516
Liens
Proceedings un
Set-off
holder of votin
Property passing to trustee for receiver 22:609
Corporate reorganization - validity of attachments obtained in
Railroad reorganization other states 5:211-221
See also Assignments for Creditors, State law superseded as to f
Brokers, Conflict of Laws, Constitutional 29:776
Law (Legislative powers: bankruptcy),
Corporations, Exemptions, Fraudulent
Effect of federal law on state laws
Conveyances, Insurance, Landlord and
Tenant, Liens, Limitation of Actions, In general 22:547-563
Marshalling Assets, Partnership, Pledges, Appointment of receivers und
22:561-563
Powers, Receivers, Res Judicata, Set-off
and Counterclaim. Assignments for creditors under state
laws 8:270-278; 12:503; 13:147;
Legislation: in general 14:298, 54I; 15:578; 22:558-561
Bankruptcy as vehicle for corporate re-At what moment state laws are suspended
organization 48:46-48 I2:35I
Early English bankruptcyForcing laws farmer
I5:832;into bankruptcy under
22:556-557 state law 25:736
General scope of the bankruptcy problemImportance of prov
43:1191-1192 discharge 42:823
Injunctions and stays
Insolvency laws distinguished from bank-
ruptcy laws 15:832-833 ings under ? 77B 48:54-58
Nature and objects of bankruptcy Non-conflicting
laws provisions of state
I5:832-843 I6:301, 447; 22:549-555
Principal evils of the bankruptcyOperation of state insolvency law i
system
and their causes 43:1192-1201 sence of proceedings under federa
42:823
A state cannot establish new acts of bank-
Federal legislation: in general
ruptcy not mentioned in federal statute
American bankruptcy legislation reviewed
15:833-843 38:277
Application of bankruptcy act to munici- State law superseded as to farmers
pal corporations 50:953 29:776
Binding dissenters to reorganization What state lawsplan
are suspended 14:541;
22:555-563
under ? 77B 49:1185-1189
Constitutional basis for federal legislation:
in general 15:829-832 Act of 1898 and amendments
-extent of congressional power ? i a (i) 13:524
? I (6) 4I:914
22:551-553
? I (9) 46:844
- meaning of " bankruptcy " in the con-
stitution 22:557-558 ? I (I5) 46:420
? a (9)
Desirability of federal 14:461; 17:131; 20:411;
bankruptcy law
11:410 21:627; 30:644
Farm Relief Act as within bankruptcy ? i a (15) 34:784
power - denial of due process 48:332 ? I a (19) i8:497; 20:590; 28:515

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BANKRUPTCY 203
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain
CASES. The figure in front of the colon refers in each instance to the volume.

? I a (25) 7:354 ? i7 a (4) I3:603; 30:643


? 2 (i) 29:871 ? I8 b 32:854; 35:339
? 2 (3) I8:519-526; 19:543; 20:570; ? I8 g 25:285; 28:318
23:221 ? 21 a 23:221; 37:140
?2 (7) 15:856; 22:377; 24:668 ? 2X a (1903) i6:359, 369
? 2 (8) I8:63 ? 23 a 20:570
? 2 (II) 17:490 ? 23 b 14:227, 619; I5:856; 17:490;
? 2 (I3) 23:30-36, 306; 24:668 36:615
?2 (I5) I4:619; I8:519-526; 19:543; ? 23 b (1903) I6:359, 369
23:221 ? 24 a 22:604
? 2 (I6) 23:306 ? 25 I7:57; 22:604
? 3 (a) (b) 46:844 ? 29 (b) 44:462
? 3 a (2) I5:855; 20:492; 28:204 ?29 b (I) 23:30-36
?3 a (3) 13:57; 14:69; 15:490 ? 29 b (2) 20:571
?3 a (4) 12:503; I3:147; 15:578; ?30 14:298; 20:4II; 24:577
17:56; 34:784 ?38 (a) (2) 37:r40
?3 a (4) (1903) 16:369; 22:377 ? 38 a (4) 34:210
?3 b 15:407; I6:370 ? 44 I9:107
?4 a I6:56, 62, 220; 25:285, 469; ? 45 19:110
33:309; 35:195, 203 ?47 a (2) 21:441; 43:932, 933, 935
?4 b 13:689; 14:298; I5:15I; ?47 a (2) (1910) 24:620-623; 25:82;
16:301, 447; 22:447; 23:393, 399; 26:82; 28:204, 318
24:317; 25:736; 46:326 ? 55 21:364
? 4 b (903) I6:359, 369 ?56 a 19:109
? 5 4I:1045-1048 ? 57 a 17:56; 19:534; 41:530
?5 a 17:132; 18:390, 497-503; I9:615; ? 57 (b) 46:309-3rr
20:589-590; 23:639; 24:668; 25:8I; ? 57 d 20:570
28:515 ? 57 e 23:297, 305
? 5 c 28:515 ? 57 g I3:603; 14:298; 15:232, 304,
? 5 f I7:32; I8:390, 495-504; 407, 663, 669; x7:56,278;i8:55; 19:59;
20:591-594; 24:668; 41:913 32:286; 40:o008
? 5 g 8:504; 24:668 ?57 g (1903) I6:359, 369; 23:305
? 5 h 20:569, 59I; 28:515 ? 57 h 21:280, 290; 23:219, 221;
? 6 14:618; 15:152; I6:447; I7:278; 24:496
2I:213; 23:305; 24:238, 577 ?57 i i5:663, 669; I6:139; 28:702;
? 7 a (8) I7:490; 24:577; 37: 40 32:286; 41:384
? 7 a (9) I3:296; 14:461; 16:223; ? 57 () 37:380; 38:518
20:57I; 23:35; 25:383; 37:262; ? 57 n I8:55; 20:231; 21:142; 35:879;
38:389 37:262; 4I:530; 45:1253; 46:309, 517
? 9 b 23:221 ?59 b 14:461; I5:407; 17:56;
? II (1910) 28:204, 210 18:62, 390; 23:296, 306
? II a 20:596; 48:56-58 ? 59 f 15:407; I7:I3I; 23:479; 32:854
? 12 I8:59, 62; 21:364 ? 60 a 13:409; 14:69, 384; I5:407, 490;
? I2 (a) 37:262 I6:37o, 371, 520; 17:354
? 14 28:318 ? 60 a (1903) 16:359, 370; i8:6o6, 617;
? 14 b I5:152; 20:570; 43:1149 19:211, 297, 571-582; 20:492, 645;
? 14 b (1903) I6:359, 369 2I:534, 538; 22:140, 300; 23:399;
? 14 b (2) 13:504 27:48I; 34:547, 552; 38:977
? 14 b (3) (I903) 20:144; 21:537; ? 60 b 13:409; 14:69; I5:3I4, 407, 669;
23:305 I6:370, 371, 520; I7:63, 278, 354;
? I4 (b) (3) 40:642; 48:677 I8:55; 21:141; 30:6I9, 644;
? 14 b (4) 42:822 34:547, 552
? 14 b (5) (I903) 18:225 ? 60 b (1903) I6:359, 369; 21:534, 538;
? 14 C 22:225, 604 22:140; 23:399; 28:204
? i6 20:569; 25:81 ? 6o b (9io0) 28:204; 38:977
? I7 45:1252 ? 60 c 15:669; 28:317
? I7 (2) 48:677 ? 6i 50:127
? 17 a 13:409; I6:220; 20:569; 23:61; ? 63 a 13:409; I4
25:285 15:232, 490; I6:220, 30I; I8:309;
? 17 a (1903) I6:359, 369 20:66; 21:364; 22:605; 23:61, 146,
? I7 a (2) i6:62, 447; I8:309; 33:470; 636, 639; 24:150; 37:906; 45:1252
37:906 ?63 a (4) 26:264; 29:873; 38:o08;
? 17 a (2) (1903) 19:297; 20:646; 39:386; 40:1009; 42:951; 47:490-49I
21:366; 23:145, 146; 30:643 ? 63 b I4:457, 461, 541; I6:220, 301;
? I7 a (3) I6:595; 29:97 20:646

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204 BANKRUPTCY

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

? 64 a 20:490, 503; 22:140; 37:380; - minimizing fraud 40:349-355


46:517 -new fourth act of bankruptcy
?64 b (i) 15:578; I7:56 40:369-370
? 64 (b) (3) 42:1075 - penal provisions 40:353-355
?64 b (4) I4:I53; 16:138, 595; - preferences 40:374-391
20: I44 410 -preferences: the nugatory am
? 64 b (5) 16:138,595; 21:142; 28:703 of I926 40:374-377
? 65 C 15:72 - priorities in favor of go
? 66 (b) 46:314 40:345-347
? 67 a I6:370; 20:65, 324; 24:620-623 - privileged communications 40:350
?67 (c) 41:1045 - proposed amendment to ? 60
?67 d 20:65, I44; 21:285; 47:1102 40:377-391
?67 e I2:503; I3:147; 15:578; - receiverships 40:366-368
17:56, 278; 23:562 --refusal of discharge 40:351-353
? 67 e (1903) I6:359, 369; 40:900, ioo8; --time of exempt occupation 40:365-366
46:1337 --third act of bankruptcy 40:370-374
?67 f 13:524; 15:745; 16:370, 5I9; - unincorporated companies 40:355-365
17:491; 22:57; 25:81; 26:752; 28:703;
33:471; 4I:1045; 43:933 Jurisdiction of federal courts
? 68 a 13:22I; 17:354; 21:14I; 22:225; Appeal as to validity of creditor's lien
23:563; 25:469
22:604
? 68 b (i) 20:231 Appeal to Supreme Court I7:57
? 70 (5) 41:107 Auxiliary receivers, power to appoint
? 70 a 14:618; 15:152; 20:411;
i8:519-526; I9:543
21:61, 44I, 53I, 538; 23:305, 639; Counterclaim by trustee against creditor's
25:79, 82, 469; 26:364; 45:579 claim 36:615
? 70 a (2) 25:184 Dissolved corpor
? 70 a (3) 30:645; 35:8I judge bankrupt 22:447
? 70 a (5) 13:221, 688; I5:856; I6:370; Exemption, power to determine
I9:579-580; 20:65, 324, 645; 2i:6i; 17:490
23:562; 24:620-623; 25:79, 82, 184, 286; Federal practice respecting receivers un-
30:644; 33:310; 35:81
der the Bankruptcy Act 43:808
? 70 a (5) (proviso) 14:618; 19:377; Jurisdiction first acquired by state court
20:65; 24:317; 25:736; 27:83;35:8I; 37:905
43:932, 935
Jurisdiction of state and federal courts in
? 70 a (6) I3:57; 5:229, 232; 22:300; actions against the bankrupt and his
23:562; 24:396, 400; 25:82 property 42:119-123
? 70 c 21:538; 33:47I Property replevied in sta
? 70 e I5:744; 21:531, 538; 28:703; four months of bankrupt
34:2I0; 45:579
over 22:57
? 70 f 28:318 Relative jur
? 70 (a) 40:776 bankruptc
? 70 (a) (I) 37:140, x42 volved 38:1072
? 74 50:350 Reorganization of
? 77 47:18-58, 565-589; 48: I430; 48:676
49:1254-1285 State receiver, jur
? 77A 48:39-81
22:377; 34:784
? 77B
Suit by creditor against one in possession
48:39-81, 48:283-293, 676, 1100-1137; of property of bankrupt before appoint-
49:I43, 328, 34I, 797-805, I11-1I2o6;
ment of trustee 14:619
50:525, 1290-1295, 13II
Suits by trustee 14:227, 619; I5:856;
?? 78-80 48:1435 I6:359, 369
Adoption 12:272 Summary procedure 15:856; 24:668
Amendments of I903 16:359, 369 Title to property in possession of trustee,
Suggested further amendments to the
power to determine 20:570
Bankruptcy Act in light of the Amend- Voluntary petition in federal court
ments of 1926 40:583-618 a receiver has been appointed by
court 35:195, 201
Amendments of 1926 to the Bankruptcy
Whether deposit in l
Act
within the jurisdiction 29:871
In general 40:341-391
-acts of bankruptcy 40:366-374
- appeals 40:343-344 Acts of bankruptcy: in general
- compositions 40:349 Application for receiver, by a corporation
- expediting administration 40:347-349 14:69; I6:369; 22:377

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BANKRUPTCY 205
References in heavy-faced type are to LEADING AR
CASES. The figure in front of the colon refers in each

Effect of
Appointment of receiver bypledgor's
stateretention
court of c
34:784over securities 43: I34
Conveyance with intent
Effectto defraud to
of re-transfer indem-
debtor
nitee 46:844 tion 28:317
Power of directors to institute
Enforcement o
proceedings without
preference stockhol
29:872
sent 50:662-667 Failure to vacate judgme
"Suffering or permitting a preference
I5:490
I3:57; I5:490 Four month's limitation: in general
Transfer " with intent to prefer" I6:359, 370
I5:855; 20:490 -preference obtained within three months
Fraudulent conveyances by act done before, under English act
See also Fraudulent Conveyances. I9:212
Conveyance by husband and wife of land -previous transfer recorded within four
held as tenants by the entirety 43:312 months 20:645; 27:481
Conveyance on secret trust to hold as se-. Fulfilment of contract with purc
curity only' I7:278 has paid in advance 34:309, 325
Conveyance to secure present Holding in trustadvance to
for creditor his claim
be used for preference 23:562 which is subject to set-off 21:I41
Effect of pledgor's retention of control Insurance from property preferentially
over securities 43:134 mortgaged 26:362, 365
Exercise of a general powerIntent as transfer
of debtor:of importance of
bankrupt's property 41:394 under Irish act 28:203
Insurance on property fraudulently con-
Judgment, levy, and sale by credi
veyed 28:514 30:6g9, 644
Keeping consideration Knowledge of by debtor: how far m
trustee,
to recovery of property I4:384;fraudu
I5:855
conveyed 21:538 Mortgage given by insolvent for present
Mutual rescission of contract aspreexisting
consideration and a transfer indebted-
40:goo ness 40:643
Right of stockholder under so-called con-
Mutual rescissi
ditional sale of stock to surrender stock
erence 40:900
and become a creditor 30:503, 518 Necessity of inten
Rights of subsequent creditors in absence
bankruptcy act:
of fraud as to them 45:579 I9IO 28:204
Voluntary settlements under EnglishPayment
bank- to the holder of a note as a
ruptcy statute 28:514 preference to the indorser or surety
Wages paid to innocent agent procuring 32:286
sale of fraudulent securities 40:oo008
Perfecting a lieni by taking possession
within four months of proceedings
Preferences 45:I83
Advancement by third person to aid in Perfecting inchoate rights: in general
giving preference 23:562 I8:606, 617
Allocation of withdrawals as between -byvalid
recording mortgage I9:297
and preferential bank deposits - by taking possession under prior bill of
45:I254 sale I6:520; I9:211
As act of bankruptcy: in general -under transfer of after
I3:57; 15:490; 20:492 erty 19:571-582
-intent of debtor 15:855 Perfecting inchoate righ
Attitude of courts toward preferences
sion under agreement
18:55, 62 pledge 38:977
Bank deposits 17:354 Present and past con
Bankrupt pledgee's redemption of stock
13:409; I6:37I; 33:310
from suit-pledgee and return Previousto
transfer recorded within four
pledgor
30:644 months of bankruptcy 29:766, 776
Clearing house rules: effect onofright
Recovery of
preference: by assignee under
secured bank to reimburse itself from general assignment 14:298
securities for payment made with knowl- -knowledge of preferred creditor
edge of bankruptcy 22:140 17:278
Definition of a preference 34:547, 552 of preferred creditor's
- knowledge
fraudulent agent 21:141
Denial of equitable lien on after-acquired
funds assigned as security for antecedent
-public officer who has received p
debt 47:1434 ence, liability of 21:534, 538
Effect of collection by
- time at assignee of
which trustee must make accoun
claim
receivable 39:254, 274 I8:55, 62

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206 BANKRUPTCY
References in heavy-faced type are to LEADING A
CASES. The figure in front of the colon refers in eac

Computingpreferences
Relation of rule against number of creditors--claims
to th
equitable doctrine of "equality is bought up after filing petition 43:954
equity" 31:709-711 Judicial discretion in approving petitions
Right to rescind transaction under for ? 77B 48:283-293
fraud
36:I03 Petitioning creditors: joining
Rule of stock exchange providing that upon for filing, to cure defect 15:407;
insolvency of any member all claims 23:479
held by him against other members -who are partial assignees of a single
should be handed over to treasurer for claim 23:296, 306
benefit of creditors who are members of - who have attachments of less than four
the exchange 43:134 months' standing 17:56
Running account, payment on 15:669; -who have participated in the a
17:63 ment of receiver 18:390
Salary of officer, payment by insolvent Right of attaching creditor to cont
corporation 20:492 tion 17:13I
Sale of future goods: possession Right by ofvendeepresid
within four months of bankruptcy 35:339
Right of stockholders to contest petition
29:229
in voluntary proceedings 35:195
Stock held on margin, transfer by broker
to customer 20:41I; 21:627
Surety for preferred creditor, Who rights
may become
andbankrupt
liabilities of I5:663; 20:484, 503 Cooperative marketing association
Surrender of preference: how far necessary 46:326
in order to allow creditor to prove Corporations: dissolved corporation
13:603; 14:298; 15:232, 314, 407, 669; 22:447
19:59; 23:297; 36:355 -mining company 15:151;
Surrender of preference: necessary in order 16:30I, 359, 369
to allow surety of creditor to prove - street railway company 33:309
I5:663 - water-supply company 13:689
Time of issue of check as determining Farmers I4:298; 16:447
whether the transfer is within the pref- - time at which debtor's exe
erence period 42:950 exempt character is to be de
Transfer of a stolen automobile to a 23:393, 399
Lunatics I6:56, 62, 220
creditor by an insolvent debtor who had
purchased it in good faith 34:68I Municipal corporations 48:136
Transfer pursuant to prior contract Time at which debtor must owe $Iooo
14:69; 23:399 24:317
Transfer pursuant to prior agreement Partners
liquidating the damages 32:728 Administration of partner's assets in part-
nership bankruptcy 41:1045-1048
Unrecorded transfer of security for present
advances 22:300 Dissolution of insolvent partnership to ob-
Validity of oral promise tain individual exemptions 4I:664where
to mortgage
deed is eventually Effect of discharge of
executed firm on liability
within fourof
months of bankruptcy 42:835 non-bankrupt partners 28:515;
Whether directors of insolvent corporation 37:614, 621
may enjoy preferences 38:521 Entity theory of administration of part-
nership and individual estates
i8:495-504; 24:668
General assignments for creditors
Individual discharge as bar to liability on
See also Assignments for Creditors.
firm debts 20:569
Effect of Act of I898 on general assign-Joining silent partner m
ments I4:298; 22:558-560 months after the act of
General assignor may be adjudicated bank-
39:1095
rupt though not insolvent at time of
Non-bankrupt partner's estate: power of
filing of petition 38:278 bankruptcy court to administer
Recovery, by trustee, of property assigned
I9:615; 20:589-605; 27:175
12:503; I3:I47; I5:578 Partner who has committed no act of bank-
Recovery of property assigned: assignee's
ruptcy adjudged bankrupt 25:8I
right to remuneration I5:578; 17:56 Partnership assets passing to trustee of
only surviving partner on his bank-
Petition ruptcy 23:639
Allegation that debtor is not in excepted Partnership insolv
classes, necessity of 14:298 ruptcy Act 39:1095
Computing number of creditors Right of corporate credito
14:461; 18:62 in distribution of bankr

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BANKRUPTCY 207
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

er's assets when the law of the state Restitution of dividends where confirma-
makes a stockholder ratably personally tion order is reversed 48:505
liable for the debts of the corporation Revival of debt discharged I8:59, 62;
41:913 27:588
Right of partnership creditors to share in agreement of third party to pay
Secret
individual estate 17:132; I8:390 creditor more than offered percentage
to obtain assignment of claim 43:1148
Exemptions of bankrupts Validity of subsequent promise after com-
See also Exemptions. position 27:588
Dissolution of insolvent partnership to ob-
tain individual exemptions 41:664 Discharge
Forfeiture for fraudulent concealment of Agent's fraudulent concealment of assets
assets 44:290 as bar to discharge of principal 42:822
Jurisdiction of state court to determine
Burden of proof in attacking discharge
exemption I7:490 33:470
Lien on exempt property lost
Burden of proving notice by volun-
in case of claim
tary surrender of property as a prefer-
omitted from schedule 36:749
ence 23:305 Claim against banker for conversion of
Life insurance funds not barred policies:
by his discharge
law 14:618; 17:278 38:278
-having cash surrender Effect value
of failureI9:377;
to obtain discharge in
20:65; 24:317 prior proceeding 33:978; 45:1110
Mortgage of future exempt goods 24:238 Effect of false statement in writing by one
Proceeds of exempt property 21:213 partner on co-partner's right to dis-
Property not attachable under state de-
charge 43:II49
cisions 16:447 Effect of false statem
Right of bankrupt's rupt widow
in order as to againobt
creditor holding assignment of34:210
exemp
tions 44:463 Fraud: voluntary proceedings instituted
Validity of homestead exemption
immediately prior to an expected inherit- a
after adjudication 29:548 ance 33:725
Waiver of exemptions in favor of par-
Grounds for
ticular creditors 15:152; 24:577; tion of account books 13:304
37:905 discharge in voluntary proceedings
Duties of bankrupts within six years 18:225
Fraudulent concealment of assets: require- fraud in obtaining surety 40:642
ment of knowledge of bankruptcy pro- - obtaining property by false statement
ceedings 44:462 in writing 20:144; 21:537; 23:305
Not to interfere withPreference
election no barof
to discharge
trustee 36:750
19:106-112
Punishment for contempt for non-com-
Effect of discharge
pliance with turn-over
Assignment of order 41:92
future wages 21:275, 285
Specific description Disputed
of property in turn-
claim 25:285
over order 47:347 Liability for fraud arising from
To hold newly discovered assets in trust
price having been proved as a
for creditors 18:63 23:145; 33:470
To reveal assets 23:30-36 Liability of bankrupt partner on firm
To submit to examination: before adjudi-
debts 20:569
cation 23:221; 37:140 Liability of surety fo
-incriminating book I6:223; 37:141
ment bond 22:57; 25:81
-incriminating questions 13:296; Liability of stockholder of bankrupt
I4:46I; 37:140, 142; 39:389 poration, chargeable only in case o
- incriminating schedules 37:14r, 142 unsatisfied judgment against the corp
- perjury in examination 25:383 tion 22:225, 604
Liability of bankrupt shar
Compositions under English act I9:377
Composition before adjudication 2 :364 Mortgage of an expectancy 44:2
Effect as discharge 22:225, 604 Obligations of bankrupt lessee 23
Limited to claims proved within a year Of firm on liability of non-bankrupt pa
37:262 ner 37:6I4, 621
Payment of balance of fund to unsched- On estoppel by deed 44:I28
uled creditor 42:432 Power of state to suspend automobile li-
Reduction of interest on secured cense claims
for failure to pay discharged judg-
under ? 74 50:350 ment 47:870

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208 BANKRUPTCY
References in heavy-faced type are to LEADIN
CASES. The figure in front of the colon refers in

State court Opposition to


discharge, allowance of claims:
effect on by non-r
dent creditors 6:349-358, 364-368 debtor of bankrupt 20:570
-objections to prevailing rule Opposition to discharge: by creditor
6:358-364 20:570
- firm having non-resident member -by person not defrauded 20:144
10:314 Organization for making reforms effective
- foreign corporations 12:434 43:1214-1216
Power to enjoin suits in other courts and
Surety's contingent claim to indemnify
28:702 effect on running of statute of limita-
Debts not affected by a discharge tions 28:210
Principal
Assignment of expectancy not affected by evil
discharge 26:174 and their causes 43:1192-1201
Alienation of affection, Proof by a trustee for bondholders
judgment for
16:447 46:309-314
Alimony 23:146; 26:752 Proof of claim: filing of proof, what con-
Broker's conversion of stock 30:643 stitutes 20:411
Debt omitted from schedule I6:595 - sworn statement a
--knowledge of proceedings in bank- I9:534
ruptcy 29:97 - time limit: claim liquidated more than
Fiduciary obligations 13:603 one year and thirty days after adjudica-
Liability for obtaining property under tion 21:142
false pretenses 48:677 Prosecution for concealment of assets:
Liability of bankrupt under degree of proof required 23:32-36
unexercised
option to return stock 4o:Io09 Prosecution for perjury: bankrupt's testi-
Libel 21:366 mony used against him 20:571
Libel, judgment for 16:62 Reform in bankruptcy administration
Right of reimbursement of one induced 43:1189-1216
by false representations to become Returnsurety
of surplus to debtor: interest after
30:184 adjudication deduced 25:469
Support of bastard, judgment for of
Right 13:409
attaching creditor to contest p
Support of wife or child 9I:297 tion I7:131
Right of presid
Procedure and practice test petition 35:339
Allowance of a claim as admissible in evi- Right of stockholders of b
dence against the surety of the bank- ing association to vote for
rupt 4I:793 30:285
Authority of Right of trustee to sue
directors toon
petition 35: 95 assigned him by creditors 39:768
Burden of proof in Scheduling debt barred by Statute
attacking discharge of Limi-
33:470 tations, effect of I6:227
Claim for federal taxes barred if not filed Specific measures of reform
within a year after adjudication 43:1201-1214
35:879 Specific performance by or agai
Collection by summary process of a liqui- ceiver in bankruptcy 33:79-81
dated claim owing to the bankrupt Time for filing proof of preferred claim
42:271 after avoidance of preference 41:530
Compensation of referee on confirmationTrustee in fact chosen by creditors
of composition 48:675 19:107-108
Conclusiveness of tax bar order on claim Voluntary petition by directors of a cor-
by United States 46:517 poration forbidden to assign the cor-
Contempt proceedings: degree of proof property
porate re- 35:203
quired 23:32-36, 306 Whether prior adjudication i
Dismissal of voluntary proceedings against creditorby con- who has rec
sent after adjudication 28:318 erence 32:854
The Donovan Report, 1930 43:1189-1216
Enforceability of submission to arbitration Provable claims
by and against trustee 48:311-312 Alimony, arrears of: in general 14:153;
General scope of the bankruptcy problem 45:1252
43:1191-1192 -judgment for 23:146; 36:354
Interference by debtor with election of Attorney's fees for services to bankrup
trustee I9:106-112 connection with discharge 42:I075
Liability of trustee for Bankrupt's failure to list assets as affect-
negligence
24:441 ing time limit for proof of claims
Liability of trustee in bankruptcy for state 45:I253
occupation tax 50:535 Claim against bankrupt indorser of note

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BANKRUPTCY 209
References in heavy-faced type are to LEADING A
CASES. The figure in front of the colon refers in eac

maturing after filingterminate lease as giving


of petition: lessor
effect
of partial payment atable maturity
claim for future rentby 42:95I
maker
Rent on unexpired lease I4:437, 541;
26:264
Claim against firm of which bankrupt
I6:30I; 23:61; 24:150 is
member, in stateRight proceedings 10:314
of paying surety to prove in bank-
Claim for breach of ruptcy trust of co-surety
after 38:266 part pay
ment by co-trustee, Secured under English
creditor: effect of provingact fo
18:464tire claim under mistaken belief that
Claim of conditional vendor 49:328 security was void as a preference
Claim of creditors' committee for serv- 23:305
ices rendered prior to bankruptcy - right to marshal security against interest
4I:529 accruing after date of bankruptcy
Claims for profits from patent infringe- 23:219, 221; 24:496
ment 48:1017 -right to prove after realizing on se-
Contingent claims curity in 21:280, general 290
15:232; 22:605; 23:636, 639; 36:355; - right to prove entire c
38:278 7:431; 8:6i; I0:249; 13:48
Damages for breach of lease 48:47 Stock held on margin, claim of customer
Debt barred by Statute of Limitations but against broker 15:78
scheduled I6:227 Support of bastard, judgmen
Debt due as a penalty not recoverable I3:409
37:380; 38:518 Surety's claim for indemnity after par
Debt partly paid by surety of bankrupt, payment 16:139
proof of whole claim I6:I39; 37:392 Tort claims: in gen
Dividends informally declared 26:370 -where claimant mig
Effect of pledge of corporation's own contract 18:309; 30:644
bonds 47:1103-1126 Value of goods left in bankru
-bonds secured by mortgage
sion, under English act 20:645
47:1104-111
Wife's claims against husband 13:693
- debentures 47:1103-1104
- power of sale in debentures
Priorities
47:1113-1115
Differences in the priority of the United
-power of sale in mortgage bonds
States in bankruptcy and in equity re-
47:1115-1126ceiverships 43:251-278
Executory contacts, claims under
Distinction between priority of ta
I4:427-428; 20:66; 21:364; "debts
25:469;
due the United States" under
27:469, 482; 29:873 Bankruptcy Act and U. S. Rev. Stat.
Executory contracts for sale of goods to be ? 3466 38:1065
performed after the adjudication Expenses of assigne
26:72, 92 ment 15:578; I7:56
Extension of time to maker of negotiable Infant's claim after avoidi
note after indorser's adjudication in 21:142
bankruptcy 48:506 Liability of the trustee for tax levied after
Fine, judgment for 15:490 the adjudication 35:879
Future rent claims 47:488-494 Of the United States: competing st
Harsh and oppressive contract 39:504
federal non-lien tax claims 43:25
Interest on income tax exceeding legal rate
-federal non-lien claims competin
barred by Bankruptcy Act 37:380
lien claims 43:264-273
Interest on income tax not a penalty -federal non-lien claims compet
38:5I8 state non-lien tax claims 43:2
Judgment for negligent injury 37:906 -federal non-lien claims other than for
Judgment not conclusive as to validity of taxes competing with other such claims
claim in England 9:152 43:260-261
Judgment on award under workmen's -federal non-lien tax claims competing
compensation act subject to vacation or with non-lien claims other than for
modification 47:521 taxes 43:258-260
Landlord's claims and contingent claims
--lien claims 43:273-276
under ? 77B 48:62-70 -non-lien interest 43:263-264
Liability of bankrupt under unexercised
- non-lien penalties 43:261-263
option to return stock 40: I09 Priorities postponed to equitable liens
Preference, right to recover as a provable 20:144
debt 39:386 Priority among owners of securities re-
Proof against both maker
pledged and
by stockbroker 40:314indor
note 7:436; II:552; I5:72 Priority of ship mortgages to taxes
Provision that bankruptcy of lessee shall 38:1061-1067

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210 BANKRUPTCY

References in heavy-faced type are t


CASES. The figure in front of the colon

Priority of state Voluntaryin assets proceedof in


pository: waiver by depositor 13:524
40:322 "Want of record"; conditional sales
Priority of taxes not a lien under Bank-I6:370; 20:65, 324; 24:620-623; 25:82
ruptcy Act 38:1068 Widow's statutory right to year's support
Priority of United States for claims against 44:463
insolvent debtor 39:403 Set-off
Priority of United States forBankrupt claims stockholder's
other right to set off
than taxes 39:767 note of insolvent bank against his statu-
Problems of distribution toryin
liability as a stockholder
bankruptcies of
stockbrokers 44:65-90 41:1062
Rights of government corporations Bonds, against unpaid stock subscriptions
48:795 23:563
State's priority for claims other than taxes Deposits, by bank 17:354; 22:225
39:767 Dishonored certified check, by drawer, in
Subrogation of one paying taxes to the state proceedings 19:212
state's right to prove as a preferred Immature claims in insolvency and re-
creditor 39:262 ceivership 34:178-196
Taxes: state franchise tax 20:490, 503 More than one year after adju
-water rents 22:140 20:231
Payment,
Taxes as debts under Act of by I898
surety37:380
I3:22I
Payment in ignorance
Two views of stock-brokerage of set-off
bankrupt-
cies 50:99-105 Right of surety to set off payment
Under ? 77B 48:58-62 after appointment of receiver 3
Wages: assignment by wage-earners Status of all claims determined as of date
20:410 of insolvency or bankruptcy 39:400
- entitled to priority by state law Trustee's claim 25:469
16:138, 595
--travelling salesman as wage-earnerProperty passing to trustee
I4:153 Appendant powers of appoint
Liens 50:1287
Creditor's bill brought more than four Assets of bankrupt corporat
months before bankruptcy I6:370 iary where instrumentality re
Execution sale on judgment got within 46:826-828
four months 15:745 Bona fide transactions with a bankrupt
Landlord's right of entry after
forfiling of the petition 43:932-936
conditions
broken against trustee 33:709, 725 Choses in action: in general I5:229, 232
Lien acquired within four months on -assignment of future book account
property fraudulently conveyed 31:489
28:703 -claims due on stock exchange trans-
Lien obtained within four months valid actions 23:562
except as against trustee, and merely- executory contracts 14:427-428
voidable as to him I5:745; 26:752 - fraud causing damage to property, right
Must a mortgagee secure the permission of action for 24:396, 400
of the bankruptcy court in order to per- -libel, right of action for 25:82
fect his right to rents and profits after-malicious attachment, right of action
bankruptcy of mortgagor 40:775 for 22:300
Necessity of refiling after bankruptcy of -personal torts, right of action for
chattel mortgagor 42: 125 I3:57
Power to sell free of liens 37:905 - right of action on which trustee refuses
Preservation of liens for benefit of estate to sue 10:58
I7:49I - tort causing b
Preservation of liens given in good faith damages 33:860
for present consideration 2I:275, 285; Claim under wrongf
28:204 39:263
Proceeds of execution sale in sheriff's hands Conditional sale where possession is in
I6:519 third party 36:104
Replevin within four months 22:57 Disseisee's interest in land 3:26
Right of lienholder to proceeds of insur- Disseisor's interest in land 3:28
ance effected by trustee in bankruptcy Effect of I9I0 amendment in states w
38:399 dower is chattel for payment of
Surety on attachment bond, liability of band's debts 28:318
22:57; 25:81 Effect of restriction against
Validity of pledge redelivered to pledgorcompulsory liquidator 35:621
as agent 28:2 1 Exemption of proceeds of life insurance

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BANKRUPTCY 211 I

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

policies under Massachusetts statute Rights of action arising upon contract:


42:698 effect of amendment of 1910 28:204
Foreign property i:259-263; 7:281-299; Seat in stock exchange I6:447; 23:562
13:484-489 Stock of the same kind as that which has
Future earnings assigned before bank- been converted by bankrupt broker
ruptcy 2I:275, 285 23:306
General power to appoint 41:394 Time as of which trustee takes title
Goodwill of business 9:479 21:61; 25:79, 82
Husband's inchoate interest in wife's
Title to property between adjudication
realty 13:221 and appointment of trustee
Interest of beneficiary of538;
20:4II; 21:531, a25:469
spend
trust 43:73-78 Trade secret as asset 36:878
Landlord's right to distrain
Unrecorded goods
conditional of t
sale, propert
person after adjudication
under 16:370; of 20:65,tenant
324; 24:620-6
41:91 25:82; 37:II44
Leasehold interests 13:688; I4:457, 541;
Unrecorded trust receipt 44:304
23:61; 38:390 Voluntary proceedings instituted immedi-
-landlord's right of entry for breach of ately prior to an expected inheritance
condition for non-payment of rent 33:725
33:709, 725; 38:390 Corporate reorganization
Life insurance policies: in general Application to proceedings under Norris-La
I5:856; I9:377; 20:65; 24:317; 25:736; Guardia Act 49:341; 50:302
Conflicting criticisms of traditional
27:83; 30:644
- future contingent interest in 25:286 ganization methods and extent to w
-cash surrender value of 35:80, 84; they are met by ? 77B 48:1100-1137
36:354 Corporate Reorganizations Act of 1934
Mortgagee's right to rent after bankruptcy 48:39-81
of mortgagor 45:901-906 - classification of creditors 48:70-74
Name of corporation 25:184 - fairness of plan 48:74-80
Partnership assets on bankruptcy of--injunctions
only and stays of judici
surviving partner 23:639 ceedings 48:54-58
Perishable goods: purchaser after-institution
adjudi- by creditors 48:51-54
cation protected 26:364 -landlord's claims and contingent claims
Personal skill, earnings of 8:61 48:62-70
Pledged property retained in bankrupt's
-priorities 48:58-62
possession 21:61 Effect of prior dissolution 48:676
Private interest in Extraterritorial
claim against a foreig
service of process under
state 42:933 ? 77B 49:797-805
Problems of distribution Good faith when corporation formedin ban
of stockbrokers 44:82-90 solely to reorganize under ? 77B
Proceeds derived from a retroactive in- 50:1311
crease of wages 33:310 Inclusion in plan of goods held by debtor
Property conveyed under deeds under whichconditional
are sale 49:328
void as to creditors cannot beJudicial recovered discretion in approving petition
by trustee 26:82 - interpretation of requirement of "goo
Property in possession faith" 48:283-293
of bankrupt, under
English act 20:645 Jurisdiction over lessor's
Property of bankrupt's debtor 20:599 petually renewable leas
Right of composer to recover copyrights of Power of court to enjoin
songs after publisher's bankruptcy pledged as collateral 48:I430
43:824 Recent amendments of Bankruptcy Act
Right of trustee in bankruptcy of a cor- 50:55-57
poration to recover from holder of stock Rent claims under ? 77B 50:1290-129
issued for promissory notes 40:778 Right of purchaser of bonds to face va
Right of trustee to recover on policy in- despite inequitable conduct in acquis
suring bankrupt against liability to third tion 50:525
persons 42:571 Section 77B -dev
Right of trustee to sue on 49:II1-1206
cause of
assigned him by creditors 39:768 - administration 49:1146-1 66
Right to partition of property held in -approval of plan 49: 183-1198
common 45:1111 - fees and expenses 49:1199-1206
Right to recover securities pledged for
- institution of proceedings
usurious loan 33:860 49:111I-I128
Right to recover unpaid balance of stock
- jurisdiction 49:1128-1146
issued at discount 29:854, 877 -status of creditors 49:r166-1183

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212 BANKRUPTCY - BANKS AND BANKING

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and


CASES. The figure in front of the colon refers in each instance to the volume.

Railroad reorganization Right of states to punish officers of na-


Adequacy of ? 77 47:720-721 tional banks for misconduct I7:133
Protective committees 47:565-589 State taxation of national bank stock
-activities and value of independent 21:295; 3I:327-335, 339-372; 32:727
committees 47:576-582 Statutory regulation of investment trusts
-desirable methods of selection 44:117-120
47:585-589 Use of penal sanctions 50:625-628
-domination by bankers 47:571-576
-impossibility of security-holder ratifi- Officers and agents
cation 47:568-571 Cashier: knowledge of cashier, not acting
-Interstate Commerce Commission as as cashier, not imputable to bank 8:502
substitute 47:583-584 -bank's liability on promissory note in-
Railroad Reorganization Act dorsed
of I933 by cashier 12:137
47:18-58Character of liabilities of a director
-committees and managers 47:36-40 38:Io8
-effect on abuse of friendly receiverships Directors: duty of directors towards de-
47:23-31 positors i6:66
-fees and expenses 47:52-56 - liability of directors of bank 1:205;
-investigating causes of insolvency II:466; 14:464; 19:616
47:35-36 --liability for false reports of officers
-preparation and adoption of plans 9:I59
47:40-52 - national bank director's liability for re-
- selection of trustees and counsel port negligently made 21:145
47:31-33 Estoppel of bank president to foreclose
-supervision of administration 47:33-35mortgage by failure to prevent bank'
The 1935 amendments of the railroad loan to mortgagor 46:1024
bankruptcy law 49:1254-1285 Knowledge of sole representative in
-classification of claims 49:1265-1267 action imputed to bank 39:645
--confirmation of plans not accepted by Liability of bank for fraudulent sale of
two-thirds vote 49:1268-1283 pledged stock by president 29:339
--referendum on plans 49:1267-1268 Liability of bank for misappropriation of
-requirement of prompt reorganization special deposit by officer 37:497
49:1262-1265 Liability of bank for unauthorized fraudu-
BANKS AND BANKING lent act of officer 8:502
In general Negligence in retaining dishonest
Regulation 9:283
Officers and agents Power of bank to guarantee de
Deposits another bank 50:130
Collections Right of states to punish
Insolvency and receivers tional banks for misconduct 17:133
National banks Statutory liability of bank directors for
See also Bills and Notes, Conflict of Laws,receiving deposits with knowledge of
Constructive Trusts, Corporations, For- bank's insolvency 47:1428-1433
-criminal liability 47:1428-1429
eign Exchange, Letters of Credit, Sure-
tyship, Taxation, Trusts. -liability to depositors 47: 1429-430
Suit based on improper loans brought be-
In general fore liquidation of security 49:827
Trusteeship in modern business
42:1048-1061Deposits
Where taxable, see Conflict of Laws, In-
Types of moratory legislation: bank holi-
days 46:1066 come Taxes, Inheritance Taxes, Taxation.
Validity of agreement Accrual of depositor's action for
by amountbank
chase paper held by closed bank and withdrawn by check bearing forged in-
pool losses 46:519 dorsement 46:720
Allocation of withdrawals as between valid
Regulation and preferential deposits 45:I254
Branch, chain and group banking -recent Assignment of deposit: by check
legislation 48:659-672 17:278; 25:660
Constitutionality of Federal Attachment of savings
Reserve Act bank account held
29:758 to cover future dividends 30:513
Federal taxing power as means Bankers' of
liability for deposits of a fidu-
estab-
lishing a unified banking ciary to his personal account
system
46:143-148 27:176; 40:1077-1109; 41:91
The Glass-Steagall Banking Act of 1933 Bank's right to apply garnished deposits
47:325-334 against demand note 48:845

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BANKS AND BANKING 213
References in heavy-faced type are to LEADING ARTICLES; in ita
CASES. The figure in front of the colon refers in each instance to the

-liability where
Certificates of deposit: Statute ofagent with power of at-
Limita-
tions 1:253; 14:468 torney wrongfully draws checks and de-
- when due 13:304 posits them to personal account, later
Clearing house: effect of withdrawing
payment deposit 41:91
through
26:265--paying an instrument after stop noti
Constructive trust of money deposited 40: 10
without authority 37:621; 50:127 --payment of check obtained by fraud
Creation of relation of bank and depositor I5:153
a matter of contract 33:977 - payment of forged check: released by
Damages for wrongful dishonor ofdepositor's check negligence 13:304; 15:315
payable to self 42:825 -payment of forged checks: when draw-
Delay by depositor in notifying bank aof
er's negligence defense 32:287
forged indorsement 38:679 -payment of unauthorized check
Deposit by corporate fiduciary with own 34:47-474
banking department - sub-deposit made by depositary bank
48:1184-r185; 49:548-554 20:140, 145, 646
Deposit in bank for specific purpose: in of deposit during "run"
- withdrawal
general, 8:236; II:202; 12:221; 22:141
16:228; 25:558 Liability to principal for crediting to
-depositor as preferred creditor 16:228 agent's personal account a check wrong-
Deposit of penal sums: whether bank fully drawn by him as agent 39:646
bound to return 29:454 Pledge of bank assets to secure deposits
Deposit under escrow agreement-trust 42:272; 47: 1017-1023
or debt 50:365 Receiver's right to set off municipal bonds
Distinction between against banker's city's deposit
lien 49:646
and righ
of set-off 38:800 Refusal by bank to honor check of one
Drawing check without sufficient
whose deposit it never consented funds
to re-
crime 33:279 ceive 33:977
Duty of depositor Relation
to notify of banker
bank of f
indorsement 28:319; 38:679 pose of accounting 3:253-254
Effect of fraudulent representationsRight
pre- of bank to recover from deposit
venting withdrawal of deposit 45:1256payment of instrument after stop notic
Effect of moratorium on bank's right to 40: To
set off secured debt against deposit Right of receiver to enforce note g
48:845 bank without consideration as ficti
Equitable assumpsit as remedy between
asset 38:239
banker and depositor 3:253-254 Right to apply d
Gratuitous deposits: liability for misappro- to antecedent de
priation by officer 37:497 27:677; 38:8oo
Gratuitous deposits: liability for Right negli-
to apply deposit to debt of depositor
gence 9:283 despite hidden equity 38:800, 824
Indorsement and deposit
Right to deposit of ch
trust funds in banking
poration officer to account of another department 36:1031
corporation in which indorsing officer is Right to priority in recovering
interested as notice to bank of misappro- posited for transmission 45:1255
priation 46:5I6 Rights against depositor: banker's lien:
Joint creditors: right of survivor
requirement of notice 18:310
26:547 -depositary bank's right to set-off
Law governing the assignment of a bank against trustee in bankruptcy its claims
account 40:989-994 against bankrupt depositor 22:225
Liability for deposits of corporate
-depositor's funds
duty to return canceled
by a corporate official toforged check to bank
his personal ac-42:125
count 44:855 - estoppel of customer to deny ownership
Liability of banker for
of collateral revealing
securities 12:134 c
-failure of
dential information depositor to notify depos
regarding about
forgery
38:1o8 22:226
Liability to depositor: -nature deposit re
of banker'
after known insolvency 14:235,
-recovery for paym
-deposit to personal account of check 16:514, 52
payable to trustee I9:68; 36:762 -recovery for payme
-dishonor of check 15:757 ler's check 27:678
- honor of check after depositor's death
-right to deduct past inde
16:447 agent for collection 14:619
-forged indorsement 21:214, 538; - right to recover money paid to payee o
22:605; 37:149 overdraft 25:185

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214 BANKS AND BANKING

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in pl


CASES. The figure in front of the colon refers in each instance to the volume.

Set-off by depositor against proceeds Uniform Bank Collection Code


of his note returned to bank by 43:307-3r2
pledgee after bank's insolvency Insolvency and receivers
46:Io23 Allocation of assets between old and new
Termination of deposit by bank creditors upon closing after reorganiza-
48:o117 tion 46:150
The international unification of laws con- Appointment of
cerning checks 45:668-696 44:618
Transmission of funds by indirect draw-
Authority of c
ing 40:48I-485 of national banks 39:386
Trust funds: liability as constructive Bankrupt stockholder's right to se
trustee 34:467-482 of insolvent bank against his st
Trust: whether created by liability as stockholder
deposit in sav-4I:1062
ings bank 18:70 Binding the dissenter under state reorgani-
What act completes payment
zation laws 48:14I4-1428of a chec
received throughConstitutionality the mail or
of statute clearing
making in-
house 33:278-279 solvency basis for presumption of fraud
Wife of depositor: effect in officers ofand direction
directors 42:1076 al-
lowing her to draw I7:I22, I32 Double liability of holding company's
Wrongful receipt of deposit 20:69 shareholders on bank stock owned by
it 49:149
Collections
Duty of rec
Acceptance of note deposited for collection count 4I:53I
treated as check 7:377 Effect of frau
Acceptance of remittance draft as termin-
venting withd
ating agency relationship 50:978 Enforcement of stockholders' liability
Applicability of bank collection code to in-when holding company intervenes
solvent national bank 48:I43I 48:669-672
The deposit slip--the bank's bulwark Partner's right to set off firm account
against collection risks 46:687-692 against individual indebtedness to in-
Effect of withdrawal from mail of letter
solvent bank 47:1069
announcing payment 47:871 Power of state bank liquid
Failure to remit after collection: following from Reconstruction Fin
proceeds 17:410, 413 tion 46:497-503
Insolvency of bank at time of deposit of
Preferences by nati
notes and drafts 10:316 Priority of state de
Insolvency of collecting bank after enciescollec-
40:322; 47:841-846
tion of notes and drafts deposited Provable claims under National Ba
7:307; 9:428; 12:572; 13:143; I5:79 Acts 8:6x; 10:249; I3:48
Insolvency of collecting bank before col- Recovery of assets pledged ult
lection of notes and drafts deposited 50:98I
9:218, 428 Rights of depositor upon sub-deposit
Insolvency of drawee bank: liability of de-made by depositary bank 20:140,
positary bank 19:464 I45, 646
Liability of collecting bank for accepting
Stockholder's right to set off deposits
draft as payment for commercial paper
against statutory liability 45:926
4I:249
Liability of collecting bank in garnishmentNational banks
proceedings 28:623 Acquisition of property in satisfaction of
Liability of correspondent debtbank33:7I8,
to deposi- 726
tor for default of duty 34:83 Applicability of bank c
Liability of depositary bank: in general solvent national banks 48:I43I
I8:300, 310; 22:150; 28:205 Assessments 31:651
Liability for default of sub-collecting agentAuthority of Federal Reserve Board to
I:158; II:4I3; I4:384; 23:639; 28:205 permit national banks to act as trust
Notes and drafts deposited for collection:companies 32:689-694
when collecting bank becomes debtor Authority to establish " teller
9:428; I3:I43, 416; I5:79 37:899, 907
Payment by banker to fraudulent in- Authority to purchase stock
dorsee: conversion 8:235 corporation as incidental to securing
Preference under bank collection code banking quarters 29:320, 330
Change from state organization, effect
when draft by payor bank for collection
items is dishonored 48:1432 upon fiduciary relations 41:665
Recovery against agent collecting Constitutionality
checks of Federal Reserve Act
with forged indorsement 20:492 29:758

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BANKS AND BANKING---BILLS AND NOTES 215
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain typ
CASES. The figure in front of the colon refers in each instance to the volume.

Deposit by corporate trustee in own BAR


bank-
ing department 49:552 See Attorneys, Practice of Law.
Duty of receiver of a national bank to
BARRATRY
account 4I:53I
Federal practiceSeerespecting
Injunctions, Insurance (Defenses
receiv of
under the National Bank Act surer).
43:808
Federal usury statute protectingBASTARDS national
banks 20:58I; 21:136, I44, 45I See also Conflict of Laws (Personal rights
Indirect supervision of affiliates of national legitimacy and adoption), Descent and
and state banks-Banking Act of Distribution. 1933
48:667-668 Exhibition of child as evidence in bastardy
Interest taken in advance held not usury proceedings 14:545
under National Banking Act 33:725 Legitimacy and marriage hi
Liability as agent for undisclosed principal sidered i6:22-42
in purchase of stock 47:1057 Obligation of fat
Liability of converted state bank under Presumption of leg
state guaranty fund act 43:313 in wedlock 33:306, 315
Liability of directors for report negligently Recent legislation concerning legit
made 21:I45 36:96
Liability of national banks acquiring Sociological aspects of birth out o
shares in partnership I7:407, 421 wedlock 36:96
Liability of national bank on letters of Whether devise to u
credit and guaranties 36:.347 for uncertainty 30:652
Liability of shareholder in corporation
BENEFICIAL ASSOCIATIONS
holding bank stock to statutory assess-
ment thereon 45:580 See Insurance.
Liability on shares owned by infant
BEQUESTS
48:678
See Legacies
Liability to assessment of one who in andgood
Devises.
faith transfers stock to minor children
43:II50 BIBLE
Power of Congress with respect toSee
inci-
also Constitutional Law (Perso
dental powers 49:396-398 rights: religious), Evidence (Hear
Power of state to prohibit national bank
pedigree).
branches 37:899, 907 Reading in public schools: whether "sec-
Power to acquire and operatetarian a street rail-
instruction" i6:222
way 33:7r8, 726
Power to borrow in BIDS course of liquidation
to pay off stockholders 48:681 See Auctions, Contracts, Municipal Cor
rations.
Power to guarantee debts of a third per-
son 42:432
Power to hold bank stocks 48:664 BIGAMY
Power to pledge assets 47:1017-1023 See also Divorce, Marriage, Witnesse
Preferences 50:67i-677 Bona fide belief in former husband's dea
Recovery by stockholder of proceeds real-intent 3: 80
disproving
ized from doubtful assets forBona
which as-belief in previous divorc
fide
sessment was made 41:532 fense 13: o
Rights and liabilities upon ultra vires con-
Common law m
tracts 33:7I8
State taxation of national bank shares ~BILLBOAR
BILLBOAR DS
4I:82-86 See Advertisements.
Statutory liability of defrauded vendee of
stock 48:329 BILLS AND NOTES
Validity of state In tax
general on shares wit
deduction for Negotiable taxable stock
Instruments Law held
bank in another national bank Bills of Exchange Act
32:727 Form: in general
Validity of state tax upon shares of stockForm: certainty in amount
31:327-335, 339-372 Form: certainty in time
Validity under federal statute of state taxForm: unconditional order or promise
on national bank shares without reduc- Form: parties not named on instrume
tion for debts when other moneyed capi- Interpretation: payable in money
tal is taxed at higher rate but with re- Interpretation: payable to bearer
duction 21:295 Consideration

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216 BILLS AND NOTES

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and i


CASES. The figure in front of the colon refers in each instance to the volume.

Delivery ? 4 (3) 41:395


Indorsement ?5 I4:243; 16:520; 28:808;
Anomalous indorser 32:772, 773, 783
Holders in due course ?6 14:243; 26:493-494; 43:254
Overdue paper ? 7 14:243
Defenses: in general ?8 14:242; 37:764
Defenses: alteration ? 9 I4:242, 246, 249,
Defenses: equitable defenses 22:I4I, 605; 33:266-267; 37:764
Defenses: failure of consideration ?9 (3) 42:699; 48:846
Defenses: forgery ? I4 I5:579, 669; 24:400; 32:855
Defenses: fraud ? i6 31:1116, 1140
Defenses: illegality ? 18 40:494
Defenses: negligence ? 20 14:247; 15:27, 37; i6:256; 20:I60;
Defenses: suretyship 33:265; 48:674, 1196
Defenses: Statute of Limitations ? 22 14:247, 445; 15:38
Doctrine of Price v. Neal ?23 I5:28, 152; 42:949
Presentment ? 24 43:315
Notice of dishonor ? 25 14:243; 20:232; 33:272-273
Payment and discharge ? 27 28:103; 35:202
Checks ? 28 43:315; 45:II12
Accrual of action ? 29 14:248, 445; i5:32
Non-negotiable notes 39:893; 50:687
See also Banks and Banking, Choses in ?30 15:579; 26:502, 652; 36:751; 40:495
Action, Conflict of Laws, Gifts, History ? 34 I4:248, 445; I5:31, 32
of Law, Illegal Contracts, Letters of ?36 32:773
Credit, Marshalling Assets, Moratoria, ?36 (3) 45:738
Parol Evidence Rule, Suretyship, Usury. ? 37 I4:248, 446; 15:33; 34:84; 36:900
?37 (2) 45:738
In general ?39 14:243, 248
Comparison of the Geneva Uniform Law ?40 14:248, 444; I5:31; i6:256;
of I930 with the American Negotiable 26:500-502
Instruments Law and the British Bills ? 47 37:1132; 45:738
of Exchange Act 44:375-377 ? 49 I4:249; I5:28; 40:637; 45:1ii2
Effect of construction of gold clauses
? 52upon
I5:579; I6:596; 26:652; 28:103;
negotiability 46:1234-1242 32:761; 33:271-274; 36:32I, 324, 75I;
Geneva Convention for the settlement of 40:316, 495, 635, 636
certain conflict of laws 44:370-373 ? 53 26:590
Geneva Convention on the stamp laws ? 54 17:563, 570
44:373 ? 55 20:492; 27:679; 28:424; 31:1140;
International unification of laws concern- 33:264
ing bills of exchange 44:333-374 ?56 33:273-274; 34:460-463; 36:321;
Negotiability by contract and by estoppel 40:316
39:877-880 ? 57 14:243; 15:492; 27:164, 177, 679;
Negotiability by pleading 48:1017 28:424; 31:1140, 1148; 32:761; 33:264
? 58 26:502-506; 28:624; 31:1140, 1147;
Negotiability of irregular securities by
statute 39:880 32:729; 37:907; 41:704
Progress of the?law, 59 33:274 1918-1919
33:255-280 ?62 14:243; 29:548; 33:270;
Registered bonds and 35:749, 763; 43:633, 635
negotiabili
?63 22:300; 29:549; 33:262
47:741-775
? 64 I4:243, 250, 446;
-proposed statutory I5:33; 22:300;
changes
47:771-775 23:396, 399; 26:588-589; 33:262
Substantive provisions of the
? 64-I 38:391 G
form law 44:347-370 ? 65 I4:250, 446; i5:33; i6:257;
Teaching: form, analysis, and business sig- 39:877
nificance of bills and notes
? 36:901-902
66 14:251-252
?68 14:252; i5:29, 38; 38:391
Negotiable Instruments Law ? 7 14:253, 447; 23:603-607;
? I 32:755; 37:1132; 39:875, 893; 26:589-590
49:478 ? 7I 18:617; 26:590-591
? 2 14:243; 23:307; 32:764, 780; ? 76 19:2I2
33:260-261 ? 82 19:212
?3 14:244-442; 15:29-37; I6:520; ? 83 19:212; 40:635
19:6I6; 32:563; 33:258 ?85 14:243; 23:603-607; 26:592
? 4 32:753, 755, 757, 759, 771, 775 ? 87 29:204, 217

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BILLS AND NOTES 217
References in heavy-faced type are to LEADING ARTICLES
CASES. The figure in front of the colon refers in each instanc

?88 3I:1114 Bills of Exchange Act


? 89 4:256; 15:36; 19:212; 43:655; ? 20 15:579
46:845 ? 20 (I) 36:681
? 109 43:655 ? 29 (I) 40:495
? II5 19:212; 43:655 ?3I (2) 41:93
? ii5 (2) 43:655 ? 3I (3) 40:495
? II7 32:761 ?32 (i) 41:93
? II9 14:253, 448; i6:258; 20:646; ?36 (2) 3I:1128, 1140
21:55; 26:366, 593-596; 27:278; ? 56 38:68I
28:102, 624; 33:0I7; 38:954-955; ? 72 (I) 41:93
40:112-113; 42:I36 ? 72 (2) 41:93
? 119 (I) 3I:1114; 44:986 ? 74 40:128
? II9 (4) 42:572 Fictitious paye
? 120 14:253-254,448; 15:34; i6:259-2
9:482; I0:449
26:366, 594-596; 27:278; 28:102, 624; Meaning of "negotiated" I5:579
30:759; 33:27; 38:954-955; 40:901; Overdue instruments 31:1128, 1140
42:136; 48:506 Payee not a holder in due course 32:855
? I2I 26:504-505; 28:102; 33:275-277
? 122 42:572 Form: in general
? 124 14:I24; i6:260, 595; 3I:782; Certainty as to payee 37:764
33:268; 42:572; 44:856 Certificates of deposit 33:257-258
? 125 33:268 Conflict of laws relating to bills and notes
? 127 38:869 32:983
? 132 34:552; 38:880, 978 Effect of seal on form of action 43:654
? 134 34:552 Interim certificates not negotiable
? 137 I4:245; 15:29, 38; 16:260; 21:626; 39:875, 893
26:596-599; 38:880, 886; 39:892; Negotiability of corporate bonds 39:876
40:776 Negotiability of irregular instruments in
? I5I 32:759 England 39:876
? i66 14:242 Registered bonds an
? 175 14:255; 15:29 47:741-7
?185 I6:447; 26:591; 38:978; 46:845
? I86 14:256, 448; I5:35; i6:261, 371; Form: certainty in
26:591, 599-600; 33:107; 40:128; In general 10:237; 32:749-751
46:845 "Attorney's fees" 2:145; II:6i; 12:214;
?187 I4:243; I9:212; 26:365; 43:636 23:307
? I88 26:365; 40:I28, 776; 43:632; "Currency" and "current funds"
26:493-494
? 189 I4:243; I9:130; 27:177;
38:869, 883Instrument payable in foreign money
? I9I 49:478 37:1132
? 192 26:366; 27:278; 28:102, 624 Option in holder to sell collateral on a
? 193 16:371 contingency 9:219; 32:777-788
? I96 28:102; 38:957-959 Unpaid interest made part of principal
Application to joint maker as surety 19:60
20:646 "With exchange" 2:145; 8:503; 14:154
Criticism of Negotiable Instruments Law
1: 187; I4:241-257,442-449; I5:26-39; Form: certainty in time
i6:255-261; 23:603-607 In general 10:237; 32:753-756
Effect on overdue paper 31:1140-1141 Acceleration 33:260-261
Effect on set-off by surety maker of Acceleration by an extrinsic fa
promissory note against insolvent bank 32:770-772
27:278 Acceleration if holder deems himself in-
Effect on set-off of accommodated payee secure 32:773-776
of promissory note against insolvent Acceleration provisio
bank 26:366 32:747-7
Effect on statute Certificate of deposit payable "twelve
making gambl
void 27:679 months after date" containing provi-
Effect on statute making
sion that maker usur
might require thirty
void 23:399; 28:424 days notice before payment 41:395
Liability of unauthorized agent
Convertible 20:159
instruments 32:762-763
Necessary amendments Instruments payable on or before certa
26:493-506, 588-600
day 32:757-766
Negotiated "after completion"
Instruments 15:669 with a
Requirement that note inin consideration ofor in-
case of default of instalments
a patent show fact on terest
its face 20:333 32:763-769

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218 BILLS AND NOTES
References in heavy-faced type are to LEADING A
CASES. The figure in front of the colon refers in eac

Note payable " one- day must afterknowledge date oftomake


b
paid at my death" 33:259 may it be imputed 33:266-267
Option in holder to secure payment - real person
before not intended to take:
maturity 9:219 whether fictitious payee 22:141
-who are fictitious payees 5:94; 7:494;
Form: unconditional order or 8:421; promise
I2:344
Authorization of attorney of record to Instrument payable "to the order of the
confess judgment against maker at ma- bearer" 37:764
turity 32:772-773
Consideration
Effect of deeds of trust on the negotiability
of corporate bonds 42:115-Z19 Burden of proving lack of consideration
Effect of incorporation of trust indenture 43:315
in corporate bonds 42:700 Consideration for note given to bank as
If order is general, payee acquiresfictitious
no pro- asset 38:239, 255
prietary interest in fund 38:859-860Estoppel to deny consideration I2:506;
Insurance policy distinguished 38:103 38:242, 256
Joint-stock company's bond on which Failure of consideration 9:52-53;
stockholders not liable I9:6I6 30:514; 33:272
Negotiability of bonds of a Massachusetts Lack of consideration not available against
business trust 49:478 transferee without indorsement
Note reciting its consideration to be a 45:III2
conditional sale 25:736; 32:775-777 Liability of accommodation maker t
Provision for application of collateral on commodated bank 50:687
other liabilities to the holder 28:808; Liability of innocent accommodation
39:903 maker to receiver of accommodated
Purchase money note with stipulation thatbank 45:926
title remain in vendor till payment Liability on note when consideration
14:626; 33:258 destroyed Io:309; 14:626
Restriction of power of assignment
I8:306, 310 Delivery
Whether order is an assignment Accommodation paper discounted by
38:857-866 other than payee 18:145
Assignment by delivery: paymen
Form: parties not named on instrument owner not in possession I5:745
Agent as indorsee paid after death of prin- Conditional delivery: in general 8:230;
cipal 12:563 I2:60
Agent for collection; - defense against anomalous
deductio indorser who
for past indebtedness 14:619 has paid holder in due course 41:793
Liability in general 7:237; II:340; Delivery in escrow: fraudulent delivery by
I4:I53 escrowee Io:454
-plea of non est factum I1:125
Liability of corporation carrying on busi-
ness in name of payee on payee's in- -to agent of payee 8:230; I2:60
dorsement 40:494 Delivery to payee in trust for special
Liability of members dorsee of unincorporated 29:777
church upon note signed Delivery underby contemporaneous
one mem- parol
ber as trustee for church 48:674 condition as a conditional delivery or
Liability of principal and agent when prin-delivery in escrow 30:746
Estoppel by negligence to deny del
cipal is not disclosed on the instrument
43:955 15:670; 23:306
Liability of undisclosed principal Possession theory of title: dummy indorsee
20:65; 23:513-530 33:263
-thief 33:263
Interpretation: payable in money What constitutes delivery: "donatio
Foreign money 33:258-259 mortis causa" 6:36-41; Io:306
The obligation of gold clauses
Indorsement
46:1234-1242
Application of usury statute where ac-
Interpretation: payable to bearer commodation note was endorsed with-
Fictitious payee: check to fictitious out payee
recourse 50:I45
drawn by agent with no authority Assignmentto as indorsement I2:566;
draw to bearer 29:216 24:58
- drawee's liability on forged Cashier's indorsement of instrument pay-
indorsement
when there is fictitious payee 22:605 able to bank 12:I37
-equivalent to instrument payable to Effect of indorsement b
bearer 9:482; 10:449 in trust for special indorsee 29:777

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BILLS AND NOTES 2I9
References in heavy-faced type are to LEADING ART
CASES. The figure in front of the colon refers in each i

Forged indorsement: drawee's


Non-negotiable liability
instruments 2:287 to
Rightswhere
depositor for payment of anomalousforger
indorser who used
has
proceeds to satisfy antecedent debt
paid holder in due course 28:102
22:447
-liability of bank to depositor who de-Holders in due course
lays in giving notice of forgery 38:679Agreement not to transfer: damages recov-
Guaranty: equivalent to indorsement erable by maker against payee
10:i86; 14:619 14:468
-suit by subsequent indorsee 14:299 -effect of notice 9:283
Indorsement by insane payee while under Alteration, certification, and s
guardianship 41:536 bona fide purchase 35:7490 763
Indorsement by joint payees Amount to of
one of
recovery 15:I53
them 29:778 - affected by equities against partial b
Indorsement of draft
eficial owneras warra
49:647
genuineness 17:580 Application of lis pendens
Indorsement under assumed name
instruments 5:94; 030
47:1r026,
14:60, 154; I5:I52; 24:400; 34:76, 83 Application of lis pendens to vendor'
Instrument payable to fictitious payee securing negotiable note 34:90
5:94; 7:494; 8:421; 12:344; 31:304 Application to doctrine of Price v. Neal
Liability of bank paying draft on forged 26:634, 65I
indorsement of fictitious name 37:149Assignee of non-negotiable note 12:140
Liability of principal to bona fide pur-
Bank crediting depositor of fraudulently
chaser of check from agent without obtained certified check with value of
authority to indorse 42:949 check 22:448
Non-negotiable instruments 2:287 Bonds stolen before issued 7:431
Right of subsequent holder to restrain Burden of proof 33:274
negotiability of instrument indorsed in Burden of proof in suit for canc
blank by payee 26:500-501 32:729
Right to obtain payment without indorse-
Constructive notice from the form of the
ment 17:580 instrument 36:321, 322
Rights of payee Constructive
against notice irregula
of defects from
on the instrument 36:321, 322
32:855
Time of indorsement
Corporation notesfor suit
negotiated for presi-in
name 13:524 dent's debts 7:307
Transfers to maker,
Effect of final drawee,
judgment o o
payment 42:412 chaser who acquired an in
Who may indorse instrument made
nicipal bonds pay- in
involved
able to person not connected with trans- 22:455
action 42:699 Effect of indorsement on a payee holding
in trust for special indorsee 29:777
Anomalous indorser Effect of indorsement to holder in trust for
See also Parol Evidence Rule. a third party 45:738
Alteration by changing position of name Effect of superfluous indorseme
to payee, and then indorsing 7:494 to rely on apparently authorize
Anomalous indorsement shown by parol to ment 46:516
be guaranty 9:356 Foreign money
"Aval" theory 11:54 from thief protected 33:259
Effect of drawee-payee's filling
Goodin hisrequired
faith name 36:321, 324
above indorsement 38:68i Instrument payable to trustee
Extrinsic parol agreement admitted under io:516; 34:459-463
the N. I. L. to show that anomalous Maker's signature procured by fraud
indorsers were not liable to payee 11:472
38:391 Note as collateral security for antecedent
Indorsement by cashier of bank after de- debt 11:413
livery to prevent stock assessment Notice: corporatio
35:88o to officers 26:652
Innocent payee's rights upon fraudulently-imputing knowledge of
obtained indorsement I4:154 department to another
Joint maker: indorsement while in hands-knowledge at time of br
of payee 7:373 equitable defense 24:665, 669
Liability as indorser,-knowledge
not merely as guar-
of agent acting adversely to
antor 5:289 the principal as notice to the principal
Liability at common law, and
36:862
Negotiable Instruments
-knowledge of executory Law contract be-
23:396, 399; tween
26:588-589;
maker and payee 33:273-27433:2

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220 BILLS AND NOTES

References in heavy-faced type are to LEADI


CASES. The figure in front of the colon refers i

-notice not to payDefaultif consideration


in payment of interest as dishonor
7:43I 33:275
Effect of maturity of some of series of
- previous notice forgotten at time of pur-
chase 40:315 notes given in one transaction 25:286
-what constitutes notice I2:213, 352; Equities after maturity 31:1119-1127
23:60 Interest: whether at same rate after ma-
Notice to agent who negligently failed to turity when less than statutory rate be-
notify principal as notice to principal fore 7:374
who later purchased stolen securities Liability of ac
40:315 Maker's rights
Partial assignee of note secured by mort- 10:127; 23:62
gage 7:125 Maturity upon default in payment of one
Payee as holder
of series in due
24:58
Payee as purchaser for
Overdue instalments a
12:503; I4:154; I5:579, 669; 16:596; upon negotiable paper 40:634-638
26:652 -absence of notation of payment of in-
Payee as purchaser for value without no- stalment 40:635-636
tice 36:75I -interest 40:635
Payee as purchaser for
payment by value w
maker to
have been filled in without his knowl- fer without indorse
edge 33:271 - principal 40:634
Payee not an immediate party
Payment and discharge 31:1113-1114
sued on 46:151 Purchase after default in payment of in-
Pledgee as innocent purchaser
terest of note becoming due on such de-
11:194; 23:479 fault 23:146
Purchaser with notice from an innocent
Purchase of series of notes after default in
pledgee 28:I03 payment of one 44:464
Recovery of stipulated Rights in attorney's
overdue paper 3I:1104-1153 fees by
pledgee where maker Rights ofhas defense
donee after maturity of aagains
note
payee 35:202 voidable for illegality 30:515
Restrictive indorsee as as holder
Set-off against payee a defense for
maker at suit of indorsee after maturit
34:84
Right of payee of a stolen 33:275 ce
who has given
Theories as to value for
overdue paper 1i:40-50;
Rights payee 31:1104-1119,
of a
against 1117-1146 an
dorser 32:855 Title and transfer after maturity
Stolen notes: acquisition of title II:45-49 from th
19:55,Transfer
68 after maturity: in general
-rights against maker of note 13:221 signed
blank 23:306 -liability of accommodation party
Theories of his rights 26:494-500
31:1109-1119, 1144-1146
Transfer after maturity of legal title to
Value: antecedent debt
equitable asowner
value I2:I38
14:224, 227; 33:272-273
Defenses: in generaldeterm
-commercial considerations
how great a change of
Agent signing position
as such 33:265; 48:Ir96 con
tutes value 36:861 Agent signing as trustee for unincorporated
-conditional credit to debtor as value association 48:674
Agreement to renew at d
20:232
-what constitutes " value " 17:563, 570; 24:56, 66
20:492 Application of French m
Victim of theft of bearer instruments as bill payable in another
a holder in due course when they haveDuress 9:57-58
been negotiated to a bona fide purchaser, Effect of the N. I.
reacquired by the thief subject to an tioned therein 38:956, 990
equity and surreptitiously returned to
Failure of holder to set-off claim ag
first victim 36:858, 879 accommodated party 29:231
What constitutes notice of defects Failure of indorsee to prove in bankrup
36:321 20:502
Whether incidents of suretyship attach to Incomplete instrument when issued: extent
a negotiable instrument 30:141-158 of defense 15:579, 669; 24:400
Infants' note given in settlement of a tor
Overdue paper 37:1133
Basis for account stated 23:144 Knowledge by one of two agent co-signers
Constructive notice of equities 10:449 that payee is fictitious 48:846

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BILLS AND NOTES 22 I

References in heavy-faced type are to LEADING


CASES. The figure in front of the colon refers in e

Drawee
Loss of collateral as and innocent indorsee
defense 9:480
to liability
negotiable paper 30:514 Drawee's liability to depositor who de-
Mental incompetency: intoxication
lays inand
giving notice of forged indorse-
insanity 27:164, I77 ment 38:679
Preservation of defenses 33:266 Drawee's rights
Real defenses under the Negotiable In-dorsee 12:344
struments Law 33:264-265 Drawee's liability t
Waiver of defense I6:37I, 520 used proceeds of f
-by execution of renewal note 27:753
satisfy antecedent debt 22:447
Indorsement by agent entrusted with check
Defenses: alteration without authority to indorse 42:949
In general 7:1-15; 33:267-269 Liability of collecting agent to principal
Alteration of the name of the payee for proceeds of forged check after repay-
35:749, 763 ment to drawee 23:638
Alteration to conform to original Negligent
agree- payment on forged in
ment of parties 44:856 29:450
Certification of raised check I2:566
Ratification 1:196
Contemporaneous agreement between Recovery of payment
payee and maker for acceleration I6:r54, 52
48:679 Defenses: fraud
Failure to examine vouchers for unreason- Assignment of judgment on note to prior
able time 13:304; I5:315 holder with notice of fraud 37:907
Good faith of party altering i6:595
Burden of proof 8:230; 23:640
Jurisdiction of equity to re-establish
Defensenoteat law 9:51-52
innocently altered II:549 Drawee's liability on check
Legal liability if parties not changed fraud I5:I52
7:494 Fraud not causing
Liability of negligent maker of altered in- 39:109
strument to holder in due course Imposition by im
42:572 Maker's liability o
Liability of party leaving opportunity for obtained 6:206; II:472; I4:541
alterations 7:9-11, 50; 8:4I8; Io: 85; Misrepresentation 25:383
i2:6o; I7:143; 18:226 Payee's liability to drawee for mone
Maker's liability 13:409 by drawer's fraud I2:503
Part payment with knowledge of defenseby indorsee with notice of
Recovery
34:67I of consideration received by make
Presumption as to time alterations were 34:67I
made 10:59 Requisition of instrument by male
Ratification ofholder
material 37:907 altera
Restoring instrument altered by
mistake 7:5-6
Defenses: illegality
Time of alteration: In general after9:52 leaving
but before acceptance 7:6-8 Embezzled money l
Gaming 1:256; 20:492
Defenses: equitable defenses Note made on Sunday I5:3
In general 9:49-58 Ultra vires: when available 23:567
Equities of a third party Uniform Smallas Loan
a defense
Act 42:689-693
33:256,Unregistered
264 foreign corporation and inno-
Lack of consideration 33:265 cent purchaser I3:409
Usury 23:399
Defenses: failure of consideration Usurygaming and
In general 9:52-53; 33:272 Instruments Law 33:264-265
Burden of proof 43:315 Usury: taking interest in advance not
Not available against transferee without
usury 33:725
indorsement 45:III2
Temporary loss of collateral 30:5I4
Defenses: neglig
Waiver of defense by execution of re-
Careless spaces
newal note 44:29I Drawee's neglige
from negligent
Defenses: forgery signature is forged 38:680
Failure torendering
Collection for forged indorsee examine vouchers for unrea
collecting bank liable to able
drawertimeas for I5:315
I3:304;
conversion 36:879 Liability of party leaving opportun
Conversion by payment to alterations
forged indorsee
7:9-11, 50; 8:418; io
8:235; 9:480; 33:269-270 I2:60; 17:143; I8:226

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222 BILLS AND NOTES

References in heavy-faced type are to LEA


CASES. The figure in front of the colon refer

Negligent Paymenton
payment under forged
forged indorsement
indor
29:450 4:307-308
Signing in blank 29:449, 874 Recovery by drawee paying forged draft
State of authorities, I918-I919 33:269 17:582; I8:539
Recovery by drawee against agent collect-
Defenses: suretyship ing checks with forged indorsement
Defenses under Negotiable Instruments 20:492
Law 33:277; 38:954-959; 44:999 Recovery by negligent drawee from neg-
Discharge of surety 9:56; 20:646 ligent indorsee 38:680
Discharge of surety by reason of accel-
Relation to the doctrine of pur
eration of maturity without disclosure value without notice 26:634, 651;
32:734 36:859
Extension of time given to grantee of Rights of drawee paying forged check:
mortgaged premises to assume the effect of forged indorsement and of doc-
mortgage debt: effect of Negotiable In- trine of fictitious payee 40:776
struments Law 42:136 Under the Negotiable Instruments Law
Extension of time to principal jointmaker 33:270
as defense to surety 28:102; When equities are equal the holder of the
38:954-955 legal title prevails 4:297-310
Failure to proceed against principal at re-
quest of accommodation party Presentment
38:956, 990 Delay in presentment of check 33:Io7;
Refusal of tender of payment from known 40:128
accommodation party 38:955 Presentment of check to drawee as implied
Release of security 38:955 demand for return 39:892
Release of security by payee without Proper time as- in clearing house colle
sent of surety co-maker 28:624 I6:371
Whether doctrines of suretyship as applied Time for demand to hold indorser
to negotiable paper are adopted by the Time for demand when note is payable
law 30:149-158 certain time after demand 9:283
What is due presentment i8:617
Defenses: Statute of LimitationsWhether necessary to charge indorser
Demand notes 9:283; 16:448 shown by parol to be joint maker or
When Statute begins to run in favor of
surety 29:549
drawer 33:107, 278
Notice of dishonor
Doctrine of Price v. Neal Effect of presence of overdue interest cou-
In general 6:384; 9:480; IO:246; pons 46:800
12:344, 566; 13:530; 14:224, 227 Indorser's waiver
Alteration certification and subsequent impossible for m
bona fide purchase 35:749, 75I 43:655
Necessity of noti
Certification of check by mistake against
drawer's orders 29:548 46:845
Certification of check under mistake as to Notice excused because of execution of
drawer's funds Io:245 deed of trust to secure indorser
Conflicting equities in negotiable instru- 24:665, 669
ments 3:z33; 14:224 Notice of dishonor: what law governs
Defendant not innocent holder for value 25:I87
22:141 Notice to an accommodated indorser
Defense of change of position in cases of 33:262
payment under mistake on a negotiable Notice to guarantor I5:65, 78
instrument 42:411-414 Notice to indorser where maker is dead:
Holder's assertion of ownership whetheras war- required 19:212
ranty of genuineness 17:583 Notice: whether lack of notice a defense
Money paid under mistake of fact: account to drawer 12:2I3
overdrawn I:213-214 Waiver: assent by in
Negligent payment under of forged
time 29:450 indorse-
ment 29:450 Whether necessary
Overdraft paid shown byby parol to be joint maker a
drawee ba
Payment by surety
drawee 29:549
of genuine
by forged bill of lading 32:560, 573;
33:270-271 Payment and disc
Payment of forged bill by drawee Accord and satisfaction 9:55-56
I6:5I4, 520; 24:669; 31:304 Agent as indorsee, paid after dea
Payment of forged check 20: 145,208-210 principal 12:563

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BILLS AND NOTES 223
References in heavy-faced type are to LEADING ARTICL
CASES. The figure in front of the colon refers in each insta

Agreement to pay by work


Bill and
of exchange labor from a che
distinguished
8:59 6:138-141
Bill payable in German marks: whether Check as payment under Statute of
recovery of value at time of payment Frauds 33:870
or at time of trial 29:873 Check construed as
Collecting bank treating acceptance as a I7:52, 57; 25:660
check 7:307 Certified checks: in general 6:138-149;
Destruction of instrument: I9: 43 ind
fore recovery II:125 - effect of sale of check on right to ca
Discharge of indorsee by extension certification made by mistake
agree-
ment with third party 30:759 43:314
Discharge of instrument by surrender-liability
on for dishonor of certified check
part payment of disputed claim fraudulently obtained I9: 43
48:1017 -liability imposed 6:138-149;
Effect of an oral novation without a sur- 8:4I7, 421; 10:245; I2:566
render of the instrument 42:572 -maker discharged when certified at in-
Effect of discharge of maker on liability stance of holder 26:365
of indorser: suit for cancellation with -maker not discharged when ce
consent of holder 40:901 his instance 26:365
Extension of time to maker -endorser's -raised check paid 12:566
adjudication in bankruptcy as barring -retraction of certification made under
his discharge 48:506 mistake 29:548
Former holder of instrument Criminal paid 1:256 liability of co
Invalid payments: effect of ing receipt
check by under bad
payee 20:484, 503 Damages for wrongfu
Lost instrument: remedies payable to self 20:466,
42:825 571
Moratorium: accommodation Death of drawer: effect as between bank
acceptor no
bound to invoke it for benefit of ac- and drawer's estates 17:107-118
commodated party 28:407 -effect as between bank and holder
Payment by drawee after the drawer's 17:106-107; 18:390
death 14:588-94; 16:447 --effect as between drawer's estate and
Payment by indorser: is instrument
holder ex- 17:106
tinguished 33:275-276 Delay in presentmen
Payment by indorser of note secured by 33:107, 278
vendor's lien 9:483 Deposit of check to credit of depositor:
Payment: in general 9:54-55 when interest passes 8:180; 13:416
Payment of wrongful holder of overdue
Depositor's duty to return cancelled forged
paper 3I:1113-1114 check to bank 42:I25
Payment to stranger as bar to the
Domiciled Statute
notes 3:48
of Limitations 6:46 Drawer's liability: its nature 19:212
Duplicate
Right of joint maker after checks
paying in full 18:464
and taking assignment 44:986 Duty of depositor to notify b
Right of person paying bill or note to forged indorsement 28:319
require receipt I7:582 Equitable assignment 10:523;
Suit against maker by indorsee II:6o, who has
548; I2:60; 13:143; I5:793;
recovered in full from indorser but who 27:177
retained the paper 26:449 Failure to present check excusing drawer
When interest begins to run 7:50 16:371; 26:599-600
Whether liability of maker of domiciled Gifts causa mortis: gift of donor's own
note is primary or secondary check 28:325
29:204, 217 Holder's rights ag
Whether presentment at bank where pay- 10:523; ii:6o, 548; I2:60
ment is to take place is payment whenImplied warranties in sales of non-nego-
maker has funds on deposit sufficient to tiable checks 38:255
meet note 29:204, 217 International unification of law
ing checks 45:668-696
Checks Larceny: whether unindorsed chec
See also Larceny, Trover and Conversion.ject to larceny 23:230
Acceptance by telegraph 34:552 Liability of principal to bona f
Action by holder against drawee of un- chaser of check from agent wit
accepted check I7:278 thority to indorse 42:949
Bad check laws 44:45I-456 Mistake by maker as to identity of pay
Bank's liability for payment of forged
effect 17:491
checks when drawer is negligentMisapplication of fun
32:287 officers indorsing

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224 BILLS AND NOTES--BILLS OF PEACE
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES
CASES. The figure in front of the colon refers in each instance to the volume.

Negligence of drawer 2o: 39, I45; sued under floating policy


3I:779, 798; 32:80 49:246-248, 258-259
Clause qualifying statement of weight of
--negligent use of protectograph 28:624
Oral promise by drawee to pay goods 20:493
38:978 Common law and mercantile theories
Payment by drawee bank despite failure 27:583, 597
to send notice 47:871 Construction of " Restraint of Princes"
Recovery from payee after clause
payment 30:516 by
mistake of postdated check 32:579 Effect on carrier'
Rescission of certification induced by mis- unsurrendered b
take 43:631-636 livery of goods to him 37:908
Retention of check Effect
by of drawee
Interstate Commerce
for Acts upon
more
than 24 hours as constituting validity of exchange bill of lading is-
acceptance
39:892sued without surrender of original
Revoked check: election of remedies for 34:325
payment I9:I30 Estoppel: extent of liability of carrier for
Right of certifying bank
misrepresentation to condition
of apparent interp
drawer 43:825 of goods 45:I259
Rights of holder of check 38:869-881 Estoppel of carrier who issues an "on
Set-off of dishonored certified check paid board" bill of lading when goods had
by drawer after drawee's insolvency merely been received for shipment
I9:212 41:672
Statute of Limitations: when it begins Indorsement
to without intent to pass title
run in favor of drawer 33:107, 278 22:308
Stolen check: liability of drawer of check Interpretation of " liberty to call" clause
signed in blank 23:306 in ocean bill of lading 40:774
Traveler's checks: liability of Negotiability
issuing bank 46:799-800
when counter-signature is forged Recovery for misdating bill of l
27:678 C. I. F. contracts 42:576
Validity of check to impersonal payee Right of inspection before pay
17:I99 payment is to be made again
What act completes payment of check re-lading 22:387
ceived through mail or clearing house Right of purchas
33:278-279 bill of lading up
Whether receipt of check discharges original of goods to carrier 42:71I
obligation 23:221 Rights of buyer under an " order no
Who may indorse check bill of lading 36:605-68,
made payable 628to
person not connected Security
with fortransaction
advances I8:307, 310
42:699States adopting Uniform Act in 1931
Accrual of action 45:1413
Instrument falling due on Saturday Statutory forms: construction and scope
23:603-607 of Harter Act i6:157-177
Provision in mortgage allowing holder Statutory provisions: bill mad
to change time of payment 7:II9 evidence by statute I6:141
Suit before expiration of last day of grace- effect of statute making all bills
8:229 ing negotiable on "straight" bill
Where maker has left state before notes words "non-negotiable" 23:146
mature 22:62 "To order--notify ": effect on bill
22:534
What constitutes, under C. I. F. contract
Non-negotiable notes35:471
Liability of transferor 4I:250 BILLS OF PEACE
See also Equity.
BILLS OF LADING Applicability to negligence cases
See also Carriers, Constitutional Law, Assignee
Sales. of a corporation: bill fo
Acceptance: failure of shipper to read stock subscriptions 19:213
terms 18:465 Basis of equity jurisdiction
Assignment: liability of 45:1297-1321 shipper
on warranty 14:I59; i6:292, 309, 455 Bills of peace with multiple partie
- rights of assignee of bill when goods are 45:1297-1332
defective 17:205 Cases involving multiple equitable
- rights against assignee of bill 45:1310-1312
of ladin
when goods are defective 22:387 Class suits 45:1308-1809
Bills issued under a charter party -anal- Collection of penalties under a
ogy to marine insurance certificates is- constitutional statute 20:238

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BILLS OF PEACE -BONDS 225
References in heavy-faced type are to LEADING ARTICLES; in ita
CASES. The figure in front of the colon refers in each instance to the

Early history and development BOARDS


45:1303-1312 See Administrative Law, Constitutional
Factors determining exercise of equity
Law, Municipal Corporations, Schools
jurisdiction 45:1321-1332 and School Districts.
Injunction against prosecution of nu-
merous related claims in court of limited BONA FIDE PURCHASERS
and final jurisdiction 46:85I See Assignments, Assignments for C
Insurance companies seeking to haveitors, sepa- Bankruptcy, Bills and Notes,
rate actions by the same insured settled of Lading, Bonds, Constructive Tru
in one suit in equity 23:480, 640 Corporations, Equity, Execution, Fr
Jurisdiction of equity to avoid multiplicity ulent Conveyances, Injunctions, J
of suits when one is arrayed against ments, Liens, Mortgages, Pledges, Q
many 2I:208, 215 Contracts, Recording and Registry L
Numerous suits in justices' courts enjoined
Trusts, Warehousemen.
20:325; 33:476
Privity 45:1305-1307 BONDS
Repeated trespasses restrained to Conflict
See also Bail, avoid of Laws, Constit
multiplicity of actions 1:254; tional Law, Contracts, Corporations,
22:371, 378 Executors and Administrators, Gol
Restraining suits against the vendees of a Clauses, Income Taxes, Inheritance
patent infringer pending the original suit Taxes, Lotteries, Mortgages, Municipal
against the infringer himself 30:398 Corporations, Receivers, States, Subroga-
Separate tort actions for nuisance enjoined tion, Supersedeas, Suretyship, Taxation,
6:448, I4:6II; I6:374 Trusts.
BIOGRAPHY Accounting to life tenant and remainder-
See Legal Biography. man for bonds held in trust
31:447-469
BIRTH CONTROL Action by bona fide purchaser of stolen
negotiable bonds 7:431
Importation of contraceptives for medical
Actual rights of bondholder of i
use held not forbidden by tariff act
corporation 37:207-209
50:1312
BLACK LIST
Assignee's right to implied coll
ment 16:141
See Conspiracy, Labor Law, Torts, Unfair
Bondholders as tenants in common
Competition. 32:489
Bondholders' committees in corporate reor-
BLASTING
ganizations 41:377-381
See also Explosives, Negligence, Nuisance, Corporation certificates to creat
Torts.
cial class of preferred credito
Blasting in public streets: absolute liability Corporations pledging their own
16:309 a form of depression finance
Damages for exploratory trespasses in oil 47:1093-1126
fields 48:485-489 Decree authorizing purchase at fo
Fallacy of distinction between cases where
sale by trustee over objection o
injury is done to plaintiff's holderland by tan-
47:358
gible substances castDuty upon of it and by
trustee for
vibration or concussion lien33:542-548
for advances to
Joint liability of successive tortfeasors
thereof 47:882
48:860 Effect of deeds of tr
Liability for substantialbility physical ofdamage
corporate
to land by blasting Forthcoming bond as c
33:542-555, 667-687 diction 36:1028
Liability of general contractor Indemnity for bond
non- to c
negligent injuries by sub-contractor tractor: whether exc
48:860 I9:138
Negligence the only true basis
Interest of liability
after maturity when rate of bond
33:667-687
is less than legal rate 7:374
Should defendant be liable absolutely
Legal title or
gained by one already having
only for negligence 33:549-555 equitable right 3: I33
Liability of public treasurers o
BLUE SKY LAWS
See Securities Acts.
bonds I0:126; II:271
Liability of the trustee under th
indenture 42:198-248
BOARD OF TAX APPEALS Liens of different classes of
Decisions of, as res judicata 46:694-696
way reorganization 32:503-606

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226 BONDS - BREACH OF MARRIAGE PROMISE
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in p
CASES. The figure in front of the colon refers in each instance to the volume.

In general to
Mortgagor's petition to compel receiver
Acquiescence under mutual mistake as to
forward copy of proposed reorganization
plan 47:529 boundary: estoppel 9:359; I2:356
Negligent reissue Acquiescence:
by effectobligor
of acquiescence by u
indorsement 28:625 state 23:555, 561
Negotiability 46:800 Boundary of District
Negotiability -effect of incorporation of46:797
trust indenture in corporate Evidence: tradition
bondsas to public and
42:700 private boundaries I3:56, 15:673
"House" as monument: whether mean-
Negotiability of bonds of a Massachusetts
business trust 49:478 ing eaves or foundation I2:570
The power of Congress to nullifydescriptions
Inconsistent gold 9:223
clauses 46:1225-1257 -when courses and distances govern
Practical considerations in determining monuments 34:326
strength of bond issue 37:202-211 Parol agreement as estab
Proof in bankruptcy by a trustee for 25:559
bondholders 46:309-314 Surveying and boundaries 36:770
Pro rata recovery by bondholder from
insolvent improvement district Lakes 48:136
Protective committees and railroad reor-
"Along" construed 6:209
ganization 47:565-589 Apportionment of lake-bed amo
Provision in bonds that holders shall share
owners 17:410, 417
in security of any future mortgage on
existing property 33:456, 476 Streams
Railroad war bonds 32:708 Adverse possession of riparian land: extent
Registered bonds and negotiability of land acquired 11:130
47:741-775Effect of change of channel 8:171;
-proposed statutory changes 9:223, 549; 16:527
47:771-775Extension of city boundaries to piers built
Restrictive covenants in indentures
in navigable river 21:364
49:62o-631 Ownership of bed and islands
Right of minority bondholders attacking 9:223, 549; 14:232; I6:527
reorganization plan to disclosure of State boundary line on navigable river
bondholders 46:713 after avulsion 21:223
Right of minority bondholders to intervene
in foreclosure suit to challenge reorgani-
Ways
zation 47:530 Edge of existing way mentioned as bound-
Rights and duties of the committ
ary 7:3Io; I3:I50
bondholders' corporation reorganiz
Sale by plat of lo
42:899-929
yet laid out 8:120; 14:221, 232
Rights of bondholders and of trus
Way in fact a boundary but not men-
der corporate mortgage to file cl
tioned 9:I57
with receiver 40:910 Where grantor
Rights of purchaser of registered munici-
whole way 21:146
pal bonds improperly released from Whether grantee of land
registry 45: I17 street takes to center 23:480
Rights of purchaser with notice of corpo-
rate bonds issuedBOYCOTTS
for pledge at a dis-
count and to secure antecedent debt
41:1063
See Injunctions, Labor Law, Torts, Un
Competition.
True nature of interest of corporate bond-
holder is that of owner 37:210-211
BREACH
Validity of negotiable bonds improperly
circulated after redemption but before See Admiralty, Agency, Arbitration
maturity 21:282, 294 Award, Bonds, Contracts, Covenants
Whether purchaser is entitled Title, Damages,
to unpaidDeeds, Equity, Illega
coupons I6:405 Contracts, Sales, Specific Performan
Whether interest has been earned on in- Trusts, Wills.
come bonds 24:496
BREACH OF MARRIAGE PROMISE
BOUNDARIES See also Damages, Statute of Frauds
In general Action for causing breach of contra
Lakes marry 31:900
Streams Circumstance
Ways ages 11:268

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BREACH OF MARRIAGE PROMISE - BROKERS 227
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in pl
CASES. The figure in front of the colon refers in each instance to the volume.

Contract not to be performed within one


Rights of customers
year: necessity of writing 14:63, 70 ruptcy 37:860
Disease of defendant as excuse for non- Single transaction
performance I6:604 from two princip
Fraud of plaintiff as defense 8:361 Transactions throu
Gifts in contemplation of marriage change: laws and customs 8:435-456
44:277-278 Whether transaction is one of agency for
"Heartbalm " statutes 50:1247-1248 purpose of Statute of Frauds 45:739
Parent's liability for causing 17:198 Wrongful sale of stock: right of customer
Policy of allowing action 7:372 to similar stock 30:80; 37:865
Promise to marry after death of existing
wife 21:58, 369, 447 Commissions
Promise to marry by one Broker's
alreadyright tomar-
commission when em-
ried 32:679-683 ployed by both parties 44:1294
Right to return of right
Broker's engagement r
to commissions where prin-
40:I35 cipal is ignorant of broker's procurance
Survival. of action: special damages 36:876
28:701 Contract for transfer of land made but
Validity of promise by party to divorce not carried out 14:386
action after entry of decree nisi 49:648 Estate agent's right to commissi
directly between landlord and tenant
BREACH OF THE PEACE after lease through agent 21:297
See Criminal Law. Right to commission before negotiated sale
is consummated 18:309
BRIBERY Right to commission where vendee
See also Criminal Law, Illegal Contracts.
lently asserts no broker is inv
Proposed changes in Massachusetts bribery
thereby effecting a purchase at
statutes 8:415 price from the vendor 36:876-877
Secret agreement to pool commissions void
BRITISH COLONIAL LAW as against public policy 33:976
British self-governing colonies under Treaty
When broker is procuring cause
of Versailles 34:841-844 36:875-877
Colonial nationality 34:844-846 Margin stocks
Common law and civil law in British Com- Broker a trustee 35:500-505
monwealth of Nations 50:1249-1274 Closing out accounts in margin transactio
Legal systems in force in the various do- 43:628-631
minions and possessions 50:1249-1253 Effect of provision in contract against
Notes on the Statute of Westminster, 1931 waiver of broker's rights 43:1150
46:261-289 Effect of tortious disposal by broker on
Ownership and government 34:855-860 right to recover debt 27:393
Suits between colonies 34:846-855 Estoppel of broker to deny sale at time
Who is an Australian 34:837-840 specified in unanswered margin call
47:I435
BROKERS
Field for legislation 35:517-518
In general Massachusetts doctrine 35:492506
Commissions -analysis of Massachusetts cases
Margin stocks 35:494-499
See also Agency, Pledges, Transfer of Money borrowed to carry on margin:
Stock, Trusts. whether interest in excess of statutory
rate recoverable 21:683
In general Nature of transaction 7:183;
Bucket shop: liability for property left by 20:411; 35:485492
trustee 20:657 Relation between broker and principal
Customers' rights in proceeds I9:529, 535;of
37:864stock
wrongfully repledged 22:133,
Rights of customers 142
against creditors and
Keeping marginal account open
inter se in bankruptcy as con
37:860
sideration for broker's promise
Rights of customers to pro-
against general cred-
tect customer against itorspast and future
35:512-517
losses 50:524 --losses from excessive
Legislation affecting commodity and s
35:515-517
exchanges 45:912-925 - losses from failure t
Privilege: requiring stockbrokers intact
to show 35:512-514
books 21:62r, 636 Rights of customers inte
Relation between stockbroker andfrom
--losses cus- excessive pl
tomer 37:862 35:507-509

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228 BROKERS --BURDEN OF PROOF

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;


CASES. The figure in front of the colon refers in each instance to the volume.

Presumptions,
-losses from failure to keep securities in- burden of proof
tact 35:509-511 conflict of laws 43:1134-1137
Rights of margin customer Presumptions: relation uponto duty of goin
stock-
broker's bankruptcy -two views forward with evidence
50:99-I05 3:165-166; 4:62-65; 9:144; 35:313
Sale without notice to customer Quantum of proof in an administrative
I9:529, 535 proceeding 36:81
Whether constituting a pledge 21:627 Quantum of proof in a
a workmen's compensa
BUILDING AND LOAN ASSOCIA- 36:264-271
TIONS Relation of burden of proof to direction
Existence of state statutory scheme of of verdict 6:126-128
liquidation as ground for denying federalStatutory presumptions
receivership 48:1401-1403 law 43:100-104
Premium, deducted from principal on Terminology: sugges
which interest is computed, as usury crimination 4:65-69
I0:247 Various meanings of ter
Rules of association in relation to rule 4:45-65; 6:125
against perpetuities I3:5I6 Whether matter of pr
stantive law 29:95, 98
BUILDING CONTRACTS
Proof of main issue
See Contracts, Specific Performance.
Burden of proof in cases where legitimacy
BULK SALES ACTS is in issue 39:777
Action by creditor at law in contract Duty of going forward
against purchaser in violation of Bulk particular cases: res ip
Sales Act 42:578 plied to actions under F
Applicability of BulkLiability Sales Act Actto 36:759
good wil
transferred with merchandise and fixtures Effect of confidential relat
42:277 veyance inter vivos 36:I05
Application and interpretation of bulk sales Jury allowed to draw inferences as
statutes 33:717, 731 accident occurred 36:338
Quantum of proof in civil action
BURDEN OF PROOF
on crime I7:I98; 18:539
Nature and scope Quantum of proof necessary to
Proof of main issue
presumption of legitimacy of
Proof of secondary issues in wedlock 33:306, 315
Duty of going forward with evidenceQuantum in of proof under pena
particular cases 27:77, 382
See also Bills and Notes, Criminal Law, Shifting of burden in undue infl
Descent and Distribution, Federal Courts, to attorney-legatee 48:692
Insane Persons.
Shifting of burden: whether burden
shifts 4:60-62; 6:128-131
Nature and scope
Actions qui tam under federal patent laws Proof of secondary issues
Io:269-271 Contributory negligence I3: 52
Confusion of law relating to presumptions Contributory negligence of deceased in
and burden of proof--need of legisla- wrongful death action 44:292
tion 50:910-913 Foreign law 39:378
Constitutionality of Fraud: maker or
statutory presumpindorse
tions in criminal cases 48:102-107 Insanity as defense to c
Development from rule to principle in tion 11:62; I3:59; 25:387
Roman Law 34:814 Intent: actions qui tam under federal
Developments in the law- patent
I932laws Io:269-271
46:1138-1148 Negligence of carrier I3:I47; I5:74;
Distinction between burden of proof and I6:45I
duty of going forward Sabbath-breaking:
with evidence proof of necessity of
4:45-70; 6:125-132; 7:302; act 9:487
8:225, 230 Self-defense in homicide case 33:609
Function of a presumption with respect Self-defense:
to whether accused must offer
burden of proof 44:910-916 preponderance of evidence
Instructing the jury upon presumptions 12:28I; 17:208
and burden of proof 47:59-83 Selling liquor without license: burden of
Place of subject in the law 4:69-70 proof as to license 11:I28
Presumptions and burden of proof in Testamentary capacity of testato
criminal law 50:648-651 3:188, 336; I2:508; 13:518

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BURDEN OF PROOF -CANON LAW 229
References in heavy-faced type are to LEADING ARTICLES; in italics to NO
CASES. The figure in front of the colon refers in each instance to the volume.

Duty of going forward with evidence in


CANALS
particular cases See Waters.
Collision of vessels: duty when one vessel
shown at fault 9:222 CANCELLATION OF INSTRUMENTS
Doctrine of res ipsa loquitur as doing See also Bills and Notes, Contracts, Equi
Fraud, Fraudulent Conveyances.
away with need of Rylands v. Fletcher
doctrine 29:806-807Bill by infant to cancel in aid of avoida
Facts peculiarly within defendant's knowl- 35:340
edge 7:302; 8:225; 9:487; II:I28; Birth certificate: cancellation of fraudulent
certificate 2 :54
13:I47; 15:74; 16:451
-constitutionality of statutory presump- Cancellation of illegally
tion of alienage 44:121 of naturalization 41:249
Cancellation
Fraud: bill for cancellation of negotiable when action at law
instrument 32:729 I7:4o8
-duty on indorsee of note 8:230 Contracts: unilateral mistake of fact by
Negligence: duty when prima facie case offeror 30:637, 649
shown 7:302; 8:225; 13:147; I5:74; Deeds: concellation at the instance of tech-
I6:227, 451 nical defendant whose claim was barred
Performance of conditions of escrow by the Statute of Limitations 37:775
i8:66 - cancellation for unilateral mistake
Res ipsa loquitur: in general 16:227; against bona fide purchaser of equitab
29:IO5; 3I:960 interest 39:271
--application to automobile collision in- - cancellation of dee
juring invited guest 48:328 tion of promise to s
grantee 23:62
- application to cases of injury from blast-
ing 33:553-555 - cancellation of unenforceable covenant
-application to collision between com- 20:70
mon carrier and automobile 43:956 - effect of cancellation upon title
- basis of maxim and application in avia- i8:107-112
tion accidents 48:225-237 --effect of cancellation when deed de-
-damage to land from forced airplane
livered in escrow 8:362
landing 47:345 -grantor seeking cancellation
-dual issue in negligence cases
lent conveyance 8:233
--restoring other party to h
50:1239-1240
-master and servant 18:391; situation as condition to cancellation
20:228, 240 22:226
-serving of unwholesome food 32:73 Duress: husband's threat to commit sui-
BURGLARY
cide as ground o1:62
Impairment of credit as a b
In general lation of unenforceable co
Table for principal cities of robberies and
Insane persons: right to ha
burglaries known to police, with arrests 20:419
and convictions, 1930 45:332-334 Insurance policy: cancellation for breach
Entry of warranty 26:366
Holes bored into granary 13:305 Insurance policy incontestab
How far owner may go without consenting enjoining action at law com
I3:300, 305 action in equity 37:622
Opening a door already ajar 27:382 Limitation on defense of fraud
for cancellation of insurance po
Intent
loss 49:329
Mens rea, development of 45:1000-1002 Mistake of insur
Evidence change of beneficiary 50:I36
Evidence of burglaries other than thatNegotiable instruments: burden of proof
32:729
charged 7:309 Note: adequate defense at law I6:222
Possession of stolen Pardon:
goods as evidence
cancellation for fraud 36:888
I4:300
BURIAL GROUNDS Relief denied to infant who repudiated
See Cemeteries. contract 35:757
Rescinding party: right
BY-LAWS cancelled I4:322
See Corporations, Insurance (Mutual bene-
fit insurance). CANON LAW
Common law pleading compared with th
CANAL ZONE in civil and canon law
See International Law.
II:139-144, 155-157

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230 CANON LAW -CARRIERS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; a


CASES. The figure in front of the colon refers in each instance to the volume.

Doctrine of contract 46:675 Constitutional opinions of Mr. Justice


Brandeison
Effect of in forma pauperis procedure 45:67-78
common law courts 36:365 Constitutionality of Firs
Effect of new church code on mentmarriage Act 49:1-43
35: 105 Contracts with employee
Idea of visitation in canon law utory regulations 8:59
49:369-370
Ideal of universal law 47:5-6 Delegation of power to a comm
-effect upon law of marriage 47:6 authorize increase of capital s
Influence upon continental criminal pro-railroad corporations 21:205
cedure 48:447-448 Effect of the Railway Labor Act of I9
Influence upon English upon company unions 42:108-112
criminal procedu
48:457-458 Effect of Transportation Act of 1920
Legitimacy and marriage in Roman 37:888 an
canon law i6:22-42 Elements of a reasonable rate 35:31-33
Harter Act: in general i6:157-177
CAPITAL
-agreements relating to negligence
See Banks and Banking, Corporations, In- i6:159-160
come Taxes, Taxation, Trusts. - collision I6:171-177
CAPTURE - diligence to make se
I6:165-169
See Prize Law, War.
-faults or errors in navigation or man-
CARRIERS agement I6:161-165
Who are carriers - general average i6:169-171
Regulation: in general Hepburn Act: counterclaim by shippe
See also Interstate Commerce, Public Utili- action for freight charges 43:1151
ties. Historical sketch of rate regulation
Regulation: services and facilities 35:30-31
Regulation: rates Imposition of fee upon issuance of mort-
Goods: bills of lading gage bonds an interference with interstate
Goods: duty to transport and deliver commerce 32:579
Goods: loss, injury or delay Limitation of liabili
Goods: limitation of liability II:544
Goods: connecting carriers Methods of determining rates
Goods: charges and liens 21:175-194; 37:174-200
Goods: discrimination and overcharge Mr. Justice Brandeis and the regulation o
Livestock railroads 45:4-32
Passengers: who are passengers Obligations of interstat
Passengers: tickets based on state law I7:27-40
Passengers: duty to accept and carry Plan for compensation statute for per
Passengers: personal injuries injuries 29:705-723
Passengers: limitation of liability Powers of state railroad commissions
Passengers: ejection 20:419
Passengers: baggage Preference given to railroad in application
Passengers: sleeping cars for certificate to operate bus line 41:542
Passengers: steamships Proposed compulsory old age insurance for
Passengers: elevators railway employees 46:10o8
See also Attachment, Bailments, Bills ofRegulation of public utilities durin
Lading, Conflict of Laws, Constitutional depression 46:745-775
Law, Corporations, Federal Courts, His-Regulation of the contract moto
tory of Law, Illegal Contracts, Interstate under the Constitution 44:530-567
Commerce (Interstate Commerce Com- Right of public to hearing before decree
mission), Labor Law, Public Utilities, authorizing junking 38:694
Railroads, Restraint of Trade, Sales, Safety Appliance Act 32:288
Statutes, Street Railways. State regulation of bus transportat
Who are carriers
40:882-886
State regulation of contract motor
Exclusive service to coke plant 32:288 45:583
The public utility concept in American law
State regulation of hours of lab
- historical development from carriers
wages as condition to state aid 4
41:277-308
State regulation of private automot
Withdrawal from public service riers 40: 131
I6:555; 22:367; 26:659 Validity of prov
Regulation: in general transport comm
Compulsory arbitration in dispute between interested 22:250-265
carrier and employees 38:771-776 Whether railway securities

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CARRIERS 231
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refe

thority of government
Exchange value during f
as a basis for
rates 33:1031-1044
control must conform with requir
Federal
of state statutes andrestraints upon 9:324-345
regulations
Five Per Cent Rate Cases 28:97, 413
Regulation: services and
Growth of theory facilities
of court control over rate
Compelling regulation
railroad to pay 33:903-909
for side t
25:84Increase charges because of sta
Compulsory transfers I6:301 12:504
Consent of state as condition precedent to
Interchangeable mileage tickets: constitu-
cessation of operation or dismantling tionality of statute 7:358-365
plant 32:716, 736 Long and short haul provision applying
Constitutionality of law only to requiring
intrastate commerce carrier
46:719
to receive cars from and deliver cars to Nebraska maximum freight rates 12:50
connecting carrier 22:449 Necessity of court review: general discus-
Drawbacks: contract to supply cars sion as a I9:487-511
preference 41: Io69 Non-compensatory
Penalty for not furnishing cars
particular on request
commodities 28:683, 716
provided by statute 24:58I Operation of suburban service at actual cost
Power to control railroad building un- 25:276, 295
der the Transportation Act Power of courts to review rates fixed by
39:753, 783 commissions 11:314; 23:481;
Power of court to compel union stations 34:862-879
12:280 Power of Public Utilities Commission to
Regulation of locomotive equipment increase rates because of advance in op-
39:395 erating expenses due to rise in prices
Regulation of terminal facilities 33:107
37:377, 38I Power to regulate rates 7:360-362;
Statutes requiring segregation of negroes 9:337-344; I2:50; 20:129-131
in Pullman cars 28:417, 425 Powers of states 24:679
Stopping trains at county seats required
Profitby allowed for granting of sp
statute 10:378 lege to shipper 23:63
Sunday freight Railway trains prohibited
valuation and the co
33:902-928, 1031-1
Regulation: rates Rates which are reasonable
Advance prohibited maybecause
later become ofconfiscat
injus
capital invested Reasonableness on faith of as testold of ra
val
24:581 9:337-341
Basis of doctrine Reproduction
of regulation cost as basis bas of
fair value of property 33:903-912 rate-making purposes 33:1044-1048;
Carrier entitled to remunerative rates for 37:290-300, 437-463
particular services 21:190-194 State legislatures and state commissions
Compelling running of train which will not 35:36
pay for itself 2I:49, 56 State regulation: commerce wholly within
Constitutionality of state statutestate
imposing9:337-344; I5:570
large penalty for disregarding Statutory
statutory penalty for violatio
rates whose reasonableness is not deter- commission's order 28:527
mined 2I:527
Statutory regulation of fares: how far c
Constitutionality ofstitutional
state 9:154;
statute 14:I43 prov
reduced rates for militia
Validity of an increase26:360,
in rate allowe
Corporation bound outby charter
a valuation toproper
of carrier's com
with existing
unconstitutional 33:107requ
Valuation theories: Supreme Court views
ment as to rates 21:216
Difficulties and uncertainties in rate regu- 37:289-300
lation 33:924-928 Value as a " going concern"
Difficulty of determining fair value 33:1037-1044
33:1031-1057
Value of service as a factor in rate making
Discussion of history in the United States 32:516-556
19:484-500
When a " taking of property "
7:358-365; 9:337-344
Effect of reshipment to evade interstate rate
36:339 Whether excess value of services may be
Elements entering into valuation of rail- recovered after rate statute has been de-
ways and consequent regulation of rates clared confiscatory 32:428, 432
33:912-924 Goods: bills of lading
Enjoining enforcement of rates by com- Acceptance: failure of shipper to read terms
mission 22:368, 538 18:465

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232 CARRIERS
References in heavy-faced type are to L
CASES. The figure in front of the colon re

Alteration of unsurrendered bill


Waiver of right against carr
after delivery without
of goods takingtoup him
bill of
Carrier's liability under
Waiver of right" toorder
demand
delivery on presentation of 18:63 forge
lading 27:186 What constitutes a bill of lading under
Clause qualifying c. statement
i. f. contract 35:47I of we
goods 20:493
Construction of " Restraint of Princes " in Goods: duty to transport and d
a bill of lading 30:516 Appropriation by carrier of coa
Effect upon interstate character its own contract with shipp
of ship-
ment 20:652 Constitutionality of law requir
Effect of Interstate to receive cars from andCommer
deliver cars to
validity of exchange connecting carrier bill 22:449 of la
without surrender Delivery to importer; of consignee's
origin rig
Estoppel of carrier who issues an "on I5:315
board" bill of lading when goods had Discontinuance of service: notice necessary
simply been received for shipment - in- before removing spur track 21:143
tent and causation as elements of estop- - right of public service company to dis-
pel by representation 4I:672 continue i6:555; 22:367; 26:659
Extent of liability for misrepresentation -rightofto take off train which does not
apparent condition of goods 45:1259 pay for itself 2I:49
Forgery of interstate bill of lading as a
- street railway enjoined w
federal crime 32:557, 574 would lie 21:542
Fraudulent issue by agent: principal's Duty owed lia- to shipper 36:216
bility therefor I9:38i Duty to furnish facilities to express c
Liability for cargo describedpany in bill 9:283 I9: 44
Liability of carrier on outstanding Duty bill if to own
goods are returned to consignor duty to shipper 42:826
32:736
Liability of shipper for damage Duty to to carrier
supply particular facil
from goods dangerous but billed as ordi- 37:622
nary goods 24:68 Effect of release of carrier for lo
Liability on bill after delivery gage on title thereofof goods 34:335
27:754 Excuses: illegality as an excuse for refu
Liability on original bill after delivery on to perform duty 23:577-589
duplicate 9:483 -impossibility as excuse for not serving
Liability to subsequent holder for I5:57r failu
to take up the bill on of
Liability delivery
carrier for acts of of foreign goods
agent
37:908 in accordance with foreign law 32:856
"Liberty to call" clause Nature of thein contract
ocean of carriage bill of
lading 40:774 46:568-69
Right of carrier to Persons to whom carrier
refuse owes duty
delivery w
production of lost bill of 23:339-346; 31:306
lading 3
Right of carrier Refusal to sue to deliverbona
without production
fide of pu
of goods delivered lost to bill of lading 33:606
wrong person
39:504 Right of consignor to sue 28:517
Right of purchaser of improperly issued Right of express company undertaking to
bill of lading upon subsequent delivery carry merchandise C.O.D., to refuse to
of goods to carrier 42:711 carry liquor in that way 23:212
Rights of parties to sue carrier under Strike "asor-
a ground for refusal to accept a
der notify" bill of lading reconsignment 39:648
36:605-608, 628 Suit by consignor without averrin
Statutory forms: construction and scope in goods carried 10:523
of Harter Act i6:157-177 Tender: necessary before action f
Statutory provisions; bill to transport
made freight 8:230
conclusive
evidence by statute I6:14I To whom carrier owes duty to discon
service
- effect of statute making all bills of lad- 36:216
ing negotiable on "straight" bill What
with must be ca
words "non-negotiable" 23:146 23:212
"Straight" bill of lading with words " Goods:
not loss, injury or delay
C.O.D. shipment: fraud in collecting
negotiable " under statute making all bills
of lading negotiable: liability of carrier charges I6:369
for delivering to consignee without ask- Concealed valuables
ing for bill 23:146 tice 13:525
"To order - notify ": effect on bill
Consequential d
22:534; 36:605-608,
lay628 10:246

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CARRIERS 233
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refer

Conversion: What constitutes


goods shipped "error in management"
withou
thorization 14:233under Harter Act 17:277
Damages from special circumstances
What constitutes " loss, damageof or
which carrier has notice 9 :53I under Carmack Amendment
Effect of deviation in contract for agreed 29:217, 550
valuation 26:752 When a carrier becomes a warehouseman
Effect of doctrine of carrier
18:145; becoming
23:307, 481; 26:367; 38:31-63 a
warehouseman on application of Inter-
state Commerce Act 38:61 Goods: limitation of liability
Failure to object to trunks being left
In general for
4:287; 13:147; 28:550-564
several days in station: whether amount-
Administrator of one waiving right: re-
ing to consent to the strict carrier's
covery by 20:66
liability 23:307 Agreed valuation: in general 4:287;
Fire non-negligently in 10:449;car owned
I3:4I; 2I:32-46; 30:645;by sh
per as an inherent defect in the36:746 goods
21:627
-agreement as to value of goods shipped
For what injuries carrier construed as a contractis limiting
liable 35:7
liability
Garnishment of carrier for goods 21:32, 38; in36:746his p
session 14:384 --effect of deviation on contract for
Goods destroyed by act of God 26:752
I0:3I0; 20:66 - estoppel as basis of limited liability
Goods seized by legal process under un- 2I:35-38
constitutional statute 23:640 -limitation of liability by agreed valua-
Liability as insurer: basis 35:747, 764 tion when carrier knows valuation is
-goods still on car 8:503 false 21:39-46
- New York rule adopted in - Ohio 9:153
limitation of li
Liability for consequential damages negligent for 36:746, 752
conversion of goods delivered for trans-
Breach of condition precedent
portation 21:629 owner as affecting express exem
Liability for negligent mutilation21:442
charter-party of dead
body 28:322 Carriers of goods: contractual lim
Liability of carrier liability for
28:551-556; loss37:902of co
sale by deviation from
Consideration: agreed
necessity 24:59 r
22:59 Contract against liability for negligence
Liability of carrier for loss of goods under 20:23-24, 306-312; 36:746
Interstate Commerce Act contrasted Contract that English law should govern
with its liability under Carmack Amend- I0:38I
ment 38:61 Contractual period of limitation not within
Liability of initial and
abating clause of Transportation Act ter
36:o09 36:11
Liability to Deviation
insurer depriving carrierthroug
of exemption
37:90I, 918 20:325; 39:647
Liability when goods are accompanied by Effect of agreed valuation: Carmack
owner 35:74 Amendment 28:556-557
Loss from delay because
Effect of of
Carmack Amendment
9:I52 power over contracts limiting
Mail I6:219 26:456
Measure of damages: in general i6:304 Effect of filing the terms of
-effect of notice given after delivery of with the Interstate Commerce
goods to carrier 25:562 sion 27:737, 755; 37:903
Mental distress as element of damages
Effect of notice filed with public ser
I6:66
commission 28:517
Origin of absolute liability for carrierEffect of shipper's failure to
29:746-747 provision in uniform expre
Recovery for mental distress caused by non- 34:84
delivery of corpse 42:284 Effect of special contract req
Stoppage in transitu: carrier as warehouse-
to be made within limited
man 15:496 Exemption for negligence to
-sellers' liability for freight 30:296 express company 24:59
Strike: liability for delay caused by I9:54 Foreign contract against publ
Subrogation of carrier to owner's rights United States 9:357
against converter of property 44:999 "Liberty to call" clause in ocea
Warranty of seaworthiness, damages for lading 40:774
deviation because of unseaworthiness Limitation invalid by
41:528 3:334; I6:132

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234 CARRIERS
References in heavy-faced type are to L
CASES. The figure in front of the colon refers in each instance to the volume.

Limitation of liability in interstate com- regard to original consignor 22


merce: in general 36:748 26:653
-by what law governed I7:3040 Separate charges of connecting c
Negligence: burden of proof I3 I47 a through shipment, constituting a
- when contract of exemption for, is valid through rate 21:142
26:742, 762 Statutes compelling connec
Non-governing statute as standard of rea- make convenient traffic re
sonableness of stipulation 38:109 22:577-578
Notice to shipper: publication in interstate
What constitutes assumption of liability by
rate schedules 25: 86 initial carrier for delivery of goods at
Recovery in case of partial loss 40:128 destination 26:653
State control of interstate commerce When connecting carrier
11: 544 I5:72
Unreasonable delay under special under-Goods: charges and liens
taking 8:174 Commission merchant merely directing
Unreasonable stipulation asforto t
carrier to whom to deliver not liable
notice of loss 8:1 7 freight 38:824
Validity where goods are converted 30:645
Counterclaim by sh
Value of goods after damage freight greater charges than - e
declared value I7:417 43:115I
When agreements will be upheld
Delivery 36:746without knowledge
to consignee
of his assignment for creditors I4:154
Goods: connecting carriers Effect of abandonment of voyage on liens
Attachment of car in the possession of a 3I:305
connecting carrier who has Failuretheto collect
right freight
to charges, as in-
use it when returning it 21:59 structed, upon delivery to consignee's
order as a bar to recovery against con-
Duty of accepting carrier to deliver to con-
necting carrier 22:564-566 signee 36:751
Duty of carrier to extend his lineFailure so as to to comply
connect with other carrier 22:571-572 tions as a defense
Duty of connecting carrier: to receive goods 36:75I
from accepting carrier 22:566-569 Liability for freight 45:28
-to transport goods in the cars in which Liability of consignee for freight af
they are tendered by the accepting car- livery by carrier to assignee of b
rier 22:572-574 lading 43:490
Effect of notice Liability
of non-liability of consi
gent injury toLien for freight charges on property
connecting carrie
46:152 shipped by third person without au-
Garnishment of connecting
thority of owner 23:63 car
freight collections Lien for duemoney to advanced
foreign to pay
20:319; 21:59 duties 17:495
Liability of initial carrier: for damage Recovery
oc- by ocean
curring on connecting lines, when goods under Shipping Act 45:1 20
are received on a through bill and Rightat a of carrier: to charge demurrag
through rate 21:539 delay caused by strike on a connect
- for negligence of connecting line line 39:648
17:481
-under Carmack Amendment for excess - to charge dem
charges 29:217, 550 cars on public
-under Carmack and Cummins Amend- 30:756
ments 36:o09 -to demand payment in United States
-when connecting currency forcarrier
shipment under through
fail
through pass 8:419 rate from Canada when Canadian cur-
Obligations of public service rency has depreciated 40:907
companies to
make connections: general - to hold damaged goods for non-payme
discussion
22:564-578 of freight 20:146; 25:287
Presumption as to lost goods I8:39I; to recover excess value of services
26:653 32:428, 432
Rate arrangements between connecting car- Right of carriers by land to lien for de-
riers 22:575-577 murrage I7:284, 498
Requirement that baggage be traced Right to counterclaim in an action for
through connecting lines 20:420 charges 31:305
Shipper's
Right of shipper to demand of initial carrier lien for saf
enough cars to transport goods over con- II:47I
necting lines 22:574-575 When freight is payable in advance
Rights and duties of connecting carrier in 3I:305

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CARRIERS 235
References in heavy-faced type are to LEAD
CASES. The figure in front of the colon refers

Goods: discrimination Child riding andfree at overchar


invitation o
Carload rates to forwarding 30:286 agent
24:669 Gratuitous carriage by custom
Counterclaim by violation shipper in against
of statute action fre
freight charges 43:1 5I tation 28:320
Good faith in receiving a rebate as a de-
Gratuitous carriage
fromAct
fense to shipper under the Elkins work II:340; 14:620; 19:I30
33:606 Guest of servant of carrier 19:265-266
Delivery between stations for Position of one having paid fare: in general
one telephone
company 14:227 19:251-252
Discrimination against
- boarding a moving
shiptrain 19:254-255
brokers
clusive -boarding a street
storage facilities on car carrier's
or omnibus wh
29:883 19:255-259
Discrimination between
- riding in placeplaces and
not intended for passen- rou
20:635gers I9:259-262
-temporarily
Discrimination resulting off
in financial th
be
to state: whether justified
--waiting at station for train 26:360,
Distribution of cars without counting 19: 252-254
not owned by the carrier 21:442 One on premises in connection with some
Effect of a single railroad's maintaining a duty which carrier owed passenger
higher rate than that of competing roads 23:342-46
reaching same market 29:760 One procuring ticket at reduced rate by
Excessive charges: recovery in quasi-con-fraud 27:383
tract 6:385; 13:694 Position of one leav
Exclusive privileges granted to certain
Pullman employees 29:435, 458
hackmen 7:494; 12:280; 13:221; Recovery of person not a passenger for in-
14:59; 19:298 jury caused by misfeasance of conductor
Extension of credit to some but not all 30:289
shippers 26:82; 27:754 Remaining in station after leaving train
Industrial railways 27:579, 586 14:54I
Lawful discrimination between shippersRes ipsa loquitur 18:391
3I:1029 Social visitors of passengers 14:69;
Liability of lessor railroad for unjust dis- 23:343-346
crimination by lessee 25:726, 743 Stealing a ride 19:263-265
Mistake: liability for breach of contract toWhen relation begins: boarding car
carry at rates quoted by mistake 22:58 19':13I
- liability for negligence in quoting too Passengers: tickets
high a rate 27:177 General discussion i:17-34; 20: 37
--liability for quoting published
Cancelled ticket inrate
hands ofno
passenger: legal
longer applicable because of change
significance in 24, 25
i:18,
name of station 28:516 Enjoining threatened sale by ticket
Personal discrimination in carrier's own of non-transferable tickets 21
favor by carrier acting as dealer I9:453 Formal contract i: 17-23, 24-34;
Reasonable regulations as to place of de- Fraudulent dealing in non-transf
livery 14:227 tickets restrained 17:202, 495
Recovery by shipper after
Lost tickets: reduction
effect of
of loss and remedy
by the Interstate Commerce therefor i:31-32 Commis
21:59 Notice of limitation u
Right of shippers paying excess charges I6:I39
during rate litigation to preference in Right to reserve a seat: recaption of seat
receivership 49:1371 11:473
Right to collect balance of legal Standardrate from
of care in sale of tickets 27:178
consignee when lower rate originally
Statute of limitations as applied to 18:396
charged by mistake 27:83 Stop-over privileges on an unlimited ticket
Right to collect balance of legal rate under
from California statute 8:358
consignor when lower rate was originally
Tickets issued by one company over line of
collected from consignee by mistake another; legal effect : 33-34
36:616
Livestock
Passengers: duty to accept and carry
Dangerous animals: liability 21:441Blindness as ground for rejection I8:5
Liability for injury to animals in pens 19:298
under statutory requirement 25:287 Constitutionality of state statute requir
policemen to be carried free on troll
Passengers: who are passengers cars 26:360, 367
In general 23:339-346 Duty of private carrier 22:30I

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236 CARRIERS
References in heavy-faced type are to LEADING AR
CASES. The figure in front of the colon refers in each

Duty to carry sick Passengers: persons ejection


in baggage car
27:278 Failure to produce ticket 2: I87
Duty to inform passengers - where caused
of by fault of carrier 27:75
circumstances
likely to cause delay 20:232 Liability for consequential damages result
ing from wrongful ejection 36:342
Duty to passenger taken sick en route
34:2II Presentation of mutilated money 9:487;
Failure to transport to destination 27:483 12:142
Passenger's lien for safe carriagePresentation
II:471 of wrong transfer check
Right to compel car to return to designated I6:I39; 20:I37
stopping place 24:233 Refusal to pay unlawful fare 28:206
Ticket requiring stamping, not stamped
Passengers: personal injuries Io:I86
Application of res ipsa loquitur Unlawful
toexpulsion
collision of passenger holding a
between common carrier motor bus and good ticket 9:221
automobile 43:956 Wrong ticket given by
Assault of fellow passengers 30:81; I2:61; 36:33914:70
Basis of liability 35:747 Wrongful refusal of agent to sign contract
Constitutionality of statute imposing for transportation
abso- 19:60
lute liability for injuries to passengers
13:604Passengers: baggage
Contagious disease of fellow-passenger Bicycle as baggage I2:119
25:288 Effect of release of carrier for los
Contributory negligence of passenger gage on title inthereof
a 34:335
taxicab 39:264 Exclusion from street car for carryin
Damages for negligence: "tort" under article not intended for personal use
English Procedure Acts 8:290; 9:215 24:233
Defect in station: in general 19:378 Liability for loss of baggage carried subse-
- unsafe approaches 20:67 quently to passenger's journey 34:326
Liability for loss of baggage not owned by
Duty of care of carrier and conductor
34:789 passenger 38:979
Duty of care when passenger is Liability
temporarily of sleeping-c
off the conveyance 3I:306 of hand-baggage I0:I27; 16:367;
Duty to protect from arrest 25:470 28:104; 3I:798
Evidence of negligence 287 Nature of liability for baggage retained in
Liability for agent's failure to protect control of
im-passenger 25:178, i86
periled and helpless person 43:652 Notice of limitation of liability on ticket
Liability for criminal acts of third persons 7:374
35:467 Unaccompanied by owner io: i86;
"Look and listen" rule not applicable to 17:354; 20:647; 27:482
passengers 11:414 What constitutes baggage: definition
Rights of passenger assisting in I2:121-124
restra
disorderly fellow-passenger -hand baggage 25:185 27:376,
Servants' torts: assaults -money, or camera insultslenses, proLibe
by passenger 27: 17, 179 34:327
-assaults upon, or insults to -trunks of samples 13:304; 38:979
passengers
9:429; 12:504; 15:670; I8: 45; 27:84; Who has possession 15:72
49:1050-1052
- conductor's assault on passenger in an- Passengers: sleeping cars
other car 19:378 Assignment of sleeping-car ticket f
- recovery although subject of journey 9:353
to ejecting
28:620, Innkeeper's
626 liability for
-sleeping-car porter 23:400 lost 3:376; 9:429; 10:I27; I6:367
Insurer's liability for loss of baggage
Passengers: limitation of liability I0: 27
In general I4:147 Liability for loss of baggage 28:I04
Liability
Contractual limitation ofof carrier for acts of porter
liability
28:559-560 23:400
Exemption from liability for negligence toLiability of carrier for Pullman employee
sleeping-car employees 27:586 tort to trespasser 30:8I
Free passes 14:I47 Money or property lost by pas
Injury to express messenger I0:310 bility for 3:376; 9:429
Notice printed on ticket as to baggage Segregation of negroes in 28:4r7, 425
7:374 Statute providing unoccupied upper berth
Validity as to person riding on free pass should be closed if occupant of lower
4:40, I7:49I berth so requested 21:372

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CARRIERS - CHARITIES 237
References in heavy-faced type are to LEADING ARTICLES; in itali
CASES. The figure in front of the colon refers in each instance to the v

To whom duty of service Contract


is owed of indemnity for costs o
23:351-352 cious prosecution: validity 8:497
Passengers: steamships Dispossessed owner of chattels: assignment
Carrying forbidden number of passengers of rights under early law 3:34-36
20:648 Early distinction between assignment to
Innkeeper's liability for baggage taken to creditor and to purchaser or donee
passenger's stateroom 10:379; 13:525 I:6, n. 2
Right of passenger to berth 20:146 Effect of dread of maintenance upon devel-
opment of law as to choses in action
Passengers: elevators 33:1007
Duty of care owed to passengers I9:300 General policy of the modern law II:I92;
i8:222
CARRYING CONCEALED WEAPONS Quasi-contractual recovery for servic
Intent required by statute 8:176 der contract void for champerty 2
Stipulation by attorney for large cont
CARRYING ON BUSINESS
fee I6:594
See Conflict of Laws, Constitutional Law,
Suit in forma
Corporations, Foreign Corporatiorts,tingently
Re- em
straint of Trade. oath 48:127
CAUSATION
Whether grant
reformation of lease because of lessee's
See Proximate Cause.
fraud 38:987
CEMETERIES
CHARITIES
See also Charities, Constitutional Law, What constitute charities
Trusts.
Creation and validity
Life tenant's right to grant burial permits Administration and enforcement
19:205
Cy-pres doctrine
Lot owner's right to maintain trespass
Rights and liabilities of charitable or-
against owner of fee I2:437
ganizations
Nature of rights of purchasers of lots: gen-
eral discussion 19:205 See also Associations, Conflict of Laws,
Right of owner of fee to Corporations, Legacies and Devises, Mas-
enjoin repeated
trespasses 24:497
ter and Servant, Powers, Rule against
Tomb-owner's promise Perpetuities,
not Trusts,
to Wills.
remove bod
specifically enforced Io: 19
What constitute charities
Trust for perpetual care of a cemetery lot
34:647 Bequest for benefit of deserving girls of
What constitutes abandonment of private specified religious creed upon marriage
cemetery 38:688 33:472
Bequest for masses 33:472,693-94
CERTIFICATE OF DEPOSIT Desirability of trusts for charitable pur-
See Banks and Banking, Bills and poses
Notes. 34:1-3
Educational cha
CERTIFIED CHECKS
benefit 50:489-495
See Banks and Banking, Bills and Notes.
Encouragement of yacht
CERTIORARI Gift for benefit of persons n
See also Federal Courts. 7:125
Gifts for religious ceremony supposed to
Citizen's right to test validity of liquor
benefit only deceased 48:1170-r171
license issued during national prohibition
Hospital for employees maintained by rail-
by certiorari 33:478
Review of administrative road 16:530;
proceedings 25:83
on
certiorari 3 I: 89 Indefinite religious pur
Society for benefit of mem
Taxpayer's right to test legality of acts of
of poverty 22:610
officials by certiorari Io:453
Society for suppression of
CESSION 9:224
See International Law. Trust for atheistic purposes 31:289
Trust for patriotic purposes 20:67
CHAMPERTY AND MAINTENANCE Trust to promote belief in spiritualism
Attorney employed by state, to be paid out 34:638
of claims collected 9:285 Visitatorial jurisdiction in equity 49:374
Attorney paid out of the fruits of litigation
24:228 Creation and validity
Common interest sufficient to negative
Accumulations in charitable trusts
maintenance: what constitutes 8:497 41:514-5r8

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238 CHARITIES
References in heavy-faced type are to LEADING ART
CASES. The figure in front of the colon refers in each i

Atheism: validity of trust become for the promo-


unwise, but not
tion of 31:289, 313; 33:694 sible 34:5
Benevolent purposes: validity of trusts for
Consent of tr
33:694 charitable co
Bequest valid where made but not where 34:17-19
operative 7:432 Control of the settlor in charitable trusts
Bequests to unincorporated charitable
for educational purposes: in England ass
ciations 7:244; 19:202 34:3-4
Care of animals: validity of Educational
trusts charities
for 34:1-19
15:520-522 Failure because of possible interval betw
Cemetery lot, trust for the perpetual care end of perpetuities period and forma
of: validity 34:647 of corporation 48:1260-1261
Certainty of purpose 48:1171-1172 Historical basis of doctrine 8:91-92
Collateral attack on unauthorized bequestIllustrations of doctrine in early law
24:546 8:69-92
Community trusts 50:73 Lack of general charitable intent 37:263
Cutting down honorary trust to -legal
shown in will 35:477
period
46:1036 Legacies to organizations tha
Dedication distinguished from to exist or that never existed 50:128
charitable
trust 16:128 Main object of bequest charity in general:
Funeral expenses whether essentialand8:431 monu
of trusts for I5:515-518 Power to authorize changes: att
Gift in trust for charity when eralincorporated: 34:6
whether void for remoteness 37:275 - beneficiaries 34:6
Gift to charity upon remote contingency - legislature 34:7-11
34:645-646; 40:913 - settlor or his represent
Indefiniteness of cestuis que trust; effect on - trustees 34:13-17
validity 2:146; 3:187; 5:240, 389392; Property of a charitable co
9:426; Io:445; II:33r, 419; I3:6Io; solution 35:85
15:509-510, 515; 33:694-695;Recent developments 48:1172-1174
48:r 64-II65 Recognition of doctrine in New Jersey
Masses: validity of trusts for 2:146; I9:545
9:426; II:331; 33:693-694 Suspension of charity: after vesting of gift
Statutory limitation on amount of chari- 7:437
table bequest, as of what time taken -before vesting of gift I4:453
44:660 - during lifetime of testator 14:453
" Tilden trust" 5:240, 389-402; 50:72-73 When should cy-pres application be al-
Trust for promotion of fox-hunting lowed 33:598, 607
48:1164-1165 Whether better satisfaction of artistic sense
Trust partly charitable and partly for defi- justifies a change 33:598, 607
nite non-charitable purposes: validity
39:659; 48: 171 Rights and liabilities of charitable org
Validity of trust performable outside of izations
jurisdiction of its creation 19:457 Dangerous condition of premises 25:720,
Validity when invalid as a trust I5:240 737
Exemption from income tax effected by
Administration and enforcement loan from trustee of estate of deceased
person 36:491
Control of property on division of church-
membership I8:310 Exemption from
Personality and nationality of 16:70,
a 603; 2I:617; 36:733-737
charitable
trust 33:360-365 Extent of reserved power to amend the
Rights of beneficiaries under
charter charitable
of a charitable corporation
trusts at international law 33:361-365 40:891-896
"Tilden trust" 5:240, 389-402 Liability of charitable corporation for tort
Trust for support of college: enforcement 31:479
by students 6:170-173 Liability of hospital for negligence of nurse
Visitatorial power not retained by settlor: 39:894
who shall exercise I9:545 Liability of university to student for negli-
gence 47:524
Cy-pres doctrine Name: right to exclusive use 43:1147
Negligence
Application to circumvent Rule in selecting employees 37:263
against
Perpetuities 37:275 Rights at international law 33:360-65
Tort liability:condition
Application to meet changing negligence of agentsof9:541;
society 33:598, 607 I2:128; 14:229; I6:530; 19:464;
Application where the original 22:228; 23:61; 24:232; has
purpose 32:293

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CHARITIES - CHATTEL MORTGAGES 239
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; an
CASES. The figure in front of the colon refers in each instance to the volume.

Tort liability under workmen's Subsequent


compensa- mortgagee of future crops pre-
tion acts 32:85; 34:562 ferred over prior vendee 33:479; 34:745
Validity of mortgage of crops to be grown
CHARTER-PARTY on after-acquired land 37:765
See Admiralty, Constitutional Law, Con-
tracts, Taxation. Recording and registry
Assignee of first recorded mortgage
CHATTEL MORTAGES 12:143
In general Chattel mortgage and conditional sale re-
Nature and requisites cording acts in the conflict of laws
After-acquired property 41:779-782
Recording and registry Conditional sales: whether within chattel
Possession, use and conversion mortgage acts 33:321; 36:740
Rights of intervening creditors Constructive notice I8:54, 39I
Foreclosure Effect of failure to renew record on removal
Discharge, release or termination to another state 38:68I
See also Bankruptcy, Fixtures, Fraudulent
Effect of prior unrecorded
Conveyances, Liens, Municipal Corpora- landlord's lien 49:144
tions, Pledges, Recording and RegistryForfeiture of automobile used i
Laws, Release, Sales. liquor when brought into stat
the mortgagee's consent 40: II48
In general Liens validly recorded in one state as
Bulk mortgage legislation 44:638-642 validly recorded in another 40:1148
Necessity of refiling after bankruptcy of
Nature and requisites mortgagor 42:125
Chattel mortgage on automobile subjected Priority of mortgage reco
to mechanic's lien in another state of a reasonable time but b
33:15-16 of subsequent mortgage 22:301
Conditional sale as chattel mortgage Recorded mortgage prior to liveryman's
I6:370; 36:740, 760 lien 7:241
Consideration: void as to part, good as to Removal of goo
rest I2:283 gagee's right a
Effect of uncertainty in25:83desc
- with mortgagee's consent 34:553
I2:504
Pledge idea in general: comparison with
Trust receipts: whether within chattel
chattel mortgage Io:321-350, 389-417; mortgage acts 34:758-759; 38:674, 683;
ii:18-39 39:399
Stocks carried on margin: transactionValidity
con- of improperly recorded mortgage
strued as chattel mortgage I9:529 on stock of merchandise as against as-
Trust receipt 44:304 signee for creditors 47:346
Trust receipt is chattel What mortgage
creditorsunless
are protected against un
property comes from third party
recorded mortgage 25:737
36:229
Use of conditional sale instead of chattel Possession, use and conversion
mortgage to secure indebtedness other Right of chattel mortgagee not in po
than that arising out of contract 47:534 sion to sue for negligent destructio
Validity of mortgage of unseparated goods chattel after condition broken 47
i7:497 Rights of mortgagee against one pur
After-acquired property ing from dealer without actual noti
Death of mortgagor as preventing attach-mortgage 42:573
ment of lien on future crops 48:123
Equitable mortgage of future crop pre-
Rights of intervening cr
ferred to later lien 9:287 Bona fide mortgagee of
Implied consent of mortgagee Deliveryof future to stranger wit
crops to sales in ordinary coursemortgagee
of busi- 8:508
ness 49:649 Goods in possession of bailee 13:609
In general 13:598; Mortgage given on cattle I4:468,
subject to an
587; I9:557-585 agister's lien I6:224
Mortgage of property
Necessity of change of sub posse
quired under unrecorded
goods con
are in hands of prior m
44:122 27:587
Possibility of mortgage of crops to be
Priority of subsequent lien for
planted in future 8:230 recorded chattel mortgage I9:617
Rights to offspring of mortgagedRights
animals
when mortgagor has power to sell
16:442; 21:443 part of the mortgaged property 2I:285

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240 CHATTEL MORTGAGES - CHOSES IN ACTION

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; an


CASES. The figure in front of the colon refers in each instance to the volume.

Foreclosure Nature
Choses in action as bona vacantia I2:558
Redemption when there is an acceleration
clause 43:667 Continuation of action in name of assignor
Rights of mortgagee after assignment pendente lite 37:620
against own
to which chattels are affixed 20:565 Effect of compensation by insurance upon
Rights under mortgage allowing sale at a cause of action 43:500
mortgagee's pleasure I2:66 General pecuniary legacy as a
Waiver: mortgagee under lien theory action
does 39:369-370
not waive mortgage by attaching Growth of the different varieties of choses
mort-
gaged property 23:639 in action 33:999-1015
History of the treatment of
Discharge, release or termination tion of the common law 33
Waiver: effect of mortgagee's Legal
levyincidents
of exe- of choses in
cution on chattels 47:1436 33:1015-1030
Situs of bank account for purp
CHATTELS tory escheat 47:872
Situs Bail-
See Accession, Adverse Possession, to be ascribed to choses in action
ments, Chattel Mortgages, Confusion of 37:909
Goods, Corporations, Crops, Dead Bodies,
Nature Elec-
Descent and Distribution, Disseisin, and requisites of assignment
Antecedent debt as consideration for as-
tion, Equitable Conversion, Equitable
signment of interest in pending lawsuit as
Servitudes, Estates, Execution, Fixtures,
Future Interests, Gifts, History ofsecurity
Law 47:1434
Assignability a matte
(Property), Liens, Pledges, Possession,
Replevin, Sales, Salvage, Statute of 29:816-818
Frauds, Taxation, Trover and Conver- Assignability and survivability as convert-
sion, Waters, Wills. ible terms 41:666
Assignee has an equita
CHAUFFEURS Assignment not merely
See Agency, Automobiles. 29:822-830
Assignment of void certificate of deposit
CHECKS as passing ancillary right of action for
fraud 43:316
See Banks and Banking, Bills and Notes.
Bankruptcy: wh
CHILD LABOR LAWS I0:58; I5:229
Check construed as assignment 17:52
See Constitutional Law, Infants, Interstate
Commerce. Contract running with a business 31:163
Development of assignments at common
CHINESE EXCLUSION ACTS law 29:822-837
California statute excluding Chinese: Does a sub-contract f
whether constitutional 7:494 one who has contrac
land have the same
Exclusion of Chinaman claiming citizenship
20:146 signment of the con
Right of appeal to federal courts by China- 40:1004-1007
man claiming citizenship I9:60 Effect of assignment at law and in equit
Summary imprisonment: whether consti- 30:449-485
tutional 7:238 Effect of failure of assignee of written con
Who is Chinese laborer I8:399 tract to take the writing from assignor
29:879
CHINESE LAW Effect of waiver of restriction on assign
Law of China as to monopoly 30:265-266
ment 30:287
Effect on juri
CHOSES IN ACTION 17:423
Nature Efforts to eliminate some evils of unre-
Nature and requisites of assignment stricted credit for wage earners
What choses in action may be assigned 45:1102-ro08
Rights and liabilities of assignee Gratuitous partial assignment of a pecuni-
Liability of assignor ary legacy 40:129
Gifts Indorsement of check not
Warranties the original debt 33:279
Law governing the assignment o
See also Bailments, Bills and Notes, Con-
flict of Laws, Fraudulent Conveyances, account 40:989-994
Legal effect of assign
Garnishment, Gifts, Novation, Taxation,
Trade Marks and Trade Names, Transfer Nature of rights: lega
of Stock, Trusts. 31:822-83

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CHOSES IN ACTION 241
References in heavy-faced type are to LEADING ARTI
CASES. The figure in front of the colon refers in each in

Novation and assignment Wages: distinguished


efforts to eliminate some
6:188-189 unrestricted credit for wage ear
Partial assignments 7:125, 313; 23:307; 45:1102-1108
30:104-105, 107-108, 481-484, 646 -future wages 12:139; 14:378; 21:275
Power of attorney construed as trust deed
11:272 Rights and liabilities of assignee'
Power of foreign administrator to assignApplication of lis pendens to choses in ac-
42:600
tion 47:1026-1027
Priority of notice to obligor: effect in case
Assignee of foreign exe
of successive assignments of equitable trator 39:814-816
chose in action 25:728, 737 Assignee of wages of in
Promise to pay agent first from money givencol- priority under Ba
lected by agent as an equitable assign- 20:410
ment 45:1257 Assignee treated as owner at law
Promise to pay out of a specified 29:828-837
an equitable assignment 45:1257 Assignment of note given for goods condi-
Recent developments 50:463-464 tionally sold 15:32I
Recovery by prior assignee of money col-
Consent of marine insurer t
lected by subsequent assignee 39:649 affecting prior grounds o
Statute of Frauds: how far applicable 41:926
16:602 Contract running with a
What is meant by saying that the assignee 31:1163
is legal owner 30:452-473 Debtor's right to set off agai
Whether assignee is innocent purchaser claims against the assigno
12:140, I43 30:101-102, 106, 4
Whether assignment gives the assignee com-Effect of notice of prior ass
plete ownership at law receiving payment 43:1152
30:97-108, 449485 Enforceability of agreement not to assig
wages 45:581
What choses in action may be assigned Enforcement in
In general 3:337-339; 11:537; i8:23-35;from administrator of claim due an
20:423; 29:816-817 estate 33:316
Action for assault 24:670 Equitable chose: pr
Alimony 20:329 trustee 32:431
Assignment in breach of an express
Implied prohi-
collateral ag
bition 37:757, 766 ing to assignee 16: 141
Assignment of future accounts Impliedreceivable
warranty--suit against a
39:253, 274 assignor for breach of implied w
Claim partially collected by assignor's agent 44:643
I5:401 Injunction to restrain collection of
Claims due estate 33:316 assignor 9:431
Contract of indemnity 30:286 Latent equities: how
Contract to perform personal duties signee 1:6-8; 23:310;
49:334 30:102-104, 107, 475
Covenants for title I0:527; I3:608;Liability of assignee of vend
14:466; I5:150 equitable ownership 37:162
Effect of provision in the contract against Lien in assignment of future wages 21:2
assignment 45:581 Obligations of the assignee of a bilater
Expectant estate 9:476; 11:65 contract 42:94I-944
Implied collateral agreement I6:141
Partial assignment 7: 25,
Insurance policy :388-398; 30:104-105, 107-108, 48
O1:I31; 12:217, 569; 23:66 --effect of rescission by de
Letters of credit 32:28-31 signor 39:264
Liens 15:70 Recoupment again
Note for goods Recovery conditionally sol
by obligor
Proceeds of future sales i8:618 assignee I3:530
Restraints on alienation of donee benefici-
Right of insured to set-
ary's interest 50:514-517 of insurer to whom
Right of heir 8:427 pledged 40:323
Right to perfect a mechanic's lien 46:527
Right to priority over
Salary of public officer I0:3I5 assignment of one of
Statutory assignment of tort claim to in- cured by one mort
surer under Workmen's Compensation Rights of assignee of n
Law 41:666 in action from corpo
Trading stamps 22:50 failed to comply with

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242 CHOSES IN ACTION -CIVIL LAW
References in heavy-faced type are to LEADING ARTICLES; in italics t
CASES. The figure in front of the colon refers in each instance to the volum

mission disabling corporation from claim


Child's suing to American citiz
42:577 on alien mother's common-la
Statute requiring real party in interest toto American father 50:979
sue 18:63 Citizenship by birth 4I:643-647
Successive assignments:
- children born to aliens awaiting admis-
7:184; 9:I53, 357; 24:243 sion at ports 41:645
- effect of notice to the debtor 30:484;- children born to aliens on American ves-
37:1133 sels on high seas 41:645
-equitable chose 7:305; 9:28I; 12:572; - children born to Americans abroad
17:497 41:645-646
Suit in own name 3:341-342-illegitimate children 4I:646
Whether innocent purchaser 12:140,
Citizenship 143law commercial soc
of civil
15:60; 31:996-1010
Liability of assignor Foreign wife of naturalized citizen
Liability of transferor of a rately expatriated by residence abro
non-negotiable
note 41:250 50:830
Modes of determining status of citize
Gifts 48:1429
Debt Status of Filipinos
transferred by for purposes
gift of immi-of
12:67 gration and naturalization 42:809-812
Debt transferred by oral direction to debtor Status of unincorporated associations for
I6:308 diversity of citizenship jurisdiction
Delivery of certificate of stock 24:481 42:1079
Direction to allow wife to draw on bank Validity of California Alien Land Law plac-
account: effect I7:122 ing burden of proof of citizenship upon
Gift of non-negotiable instrument: defendant 48:104-107 effect
as transfer of right 5:35; 12:498
CIVIL DEATH
Of joint interest in savings account to co-
owner - necessity of delivery with dona- At common law 37:623
Civil code in the Canal Zone: failure to re-
tive intent 48:338
Parol extinguishment of debt 30:760; cover thereunder for death by wrongful
46:712 act 38:499, 523
Civil death statutes-medieval fiction in
Parol gift of a debt to take effect in enjoy-
ment on the death of the donor a modern world 50:968-977
34:664, 672 Convict's right to inherit after statu
Parol gift of insurance policy without ac- clares him civilly dead 37:623
tual delivery 46:153 Death by wrongful act in the civil law
Partial gratuitous assignment of pecuniary 38:501
legacy 39:368, 394; 40: I29 Development of the common law com-
Revocability of gratuitous partialpared assign- 36:180-192
ment 39:368, 394 French law on America
Subrogation of gratuitous assignee of 36:769
pledged insurance policy to pledgee's Subjective theory of mu
right against assignor 37:9I7 tracts: French law 36:233

CIVIL LAW
Warranties
See also Canon Law, Cuban Law, Fr
Implied warranty in sale of non-negotiable
check 38:255
Law, German Law, Japanese Law,
ims, Porto Rican Law, Roman Law,
CHRISTIAN SCIENCE
Spanish Law.
Causa and consideration in civil law
See Charities, Negligence, Physicians and 49:1233-1238
Surgeons.
Citizenship of civil law commercial societies
I5:6o; 31:996-1010
C. I. F. CONTRACTS
Civil Code interpreted according to com-
See Bills of Lading, Sales. mon-law principles in Canal Zone
33:1-2
CITIES Codification of American law the re-
See Municipal Corporations, Taxation.
statements and the Roman codes
47:1373-1382
CITIZENS Common law and civil law in British Com-
See also Aliens (Nationality), Constitu- monwealth of Nations 50:1249-1274
tional Law (Privileges and immunities of Common-law pleading compared with that
citizens), International Law, War. in civil and canon law
Children of aliens 12:55 I :139-144, 155-157

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CIVIL LAW- CODES 243
References in heavy-faced type are to LEADING ARTI
CASES. The figure in front of the colon refers in each ins

Contracts for the benefit Waters: French


of law 32:869
a third person
in the civil law I6:43-51 - influence of French law upon Am
Contributions to the common law law 33:133-167
50:1273-1274 - running water as a
Dependency of mutual promises in civil lawin the civil law 22:190-192
13:80-109
Development of conflict of laws before CIVIL SERVICE
Story 48:15-18 See also Constitutional Law.
Development of present-day criminal p
Civil Service Act: constitutionality of pro-
cedures in Europe and America
vision prohibiting solicitation of contri-
48:433-473
butions in public buildings 5:286
English and American administration
Roman law 32:69 - executive orders as " law " 1: 335
Power of commission to grant a rehearing
Evolution of law of Rome 31:665
37:390
Federal character of the German govern-
Veterans' Preference Acts: constitutionality
ment 23:276-280
Genesis of Roman law in America of compulsory appointment IO:119, 236
22:579-590 -whether examinations may be dispensed
German constitutional law in its relation with 9:284; 10:236
to the American constitution
23:273-290 CLASS LEGISLATION
German government, the executive, legis-
See Constitutional Law (Privileges and
lative, and judicial branches 23:280-287
munities of citizens).
Gifts inter vivos 31:1053-1056
History of Roman law showing true basis
CLAYTON ACT
for modern private rights 22:606-619
See also Federal Trade Commission, L
Importance of case study in civil law
Law, Restraint of Trade, Unfair Com
48:351-356 tition.
Influence of civil law on common law
Provision for jury trial in contempt ca
9:422; 31:1049-1058
36:ro15, loi6
Influence of Savigny, Mancini and Busta-
mante upon conflict of laws 48:31-34 CLOUD ON TITLE
Influence of Story upon conflict of laws See Equity, Vendor and Purchaser.
48:27-38
Legitimacy and marriage in Roman and COAL
canon law I6:22-42 See Mines and Minerals.
Letters of credit 32:5-9
Motive as an element in torts in the civil
C.O.D.
law 22:501-519
Napoleon and his code 32:114-134 See Carriers, Interstate Commerce, Sales.
Nineteenth century Romanist theory of
the legal transaction 47:1388-1391 CODES
Overdue negotiable instruments 31:1145 See also History of Law.
Ownership of tree taking root in neighbor's Code pleading 42:455-457
land 3I:1049-1051 Code practice in New York 32:445;
Personal rights of indefinite character: 35:783-784 ar
tist's rights in picture 26:654 Codes and classification 44:792-794
Codes, and the arrangement of the law
Purchase by fiduciary of fiduciary property
49:523-524 44:725-737
Resort to extrinsic evidence in construction
Function of a code 36:987, 988
of contracts and statutes 48:553-562 Napoleon and his code 32:114-134
Risk of loss after executory contract of sale
- earlier schemes of codification
in civil law 9:72-79 32:115-117
Roman and civil law in America - estimate of the code 32:128-134
i6:342-358 - influence abroad 32:127-128
Similarity of Anglo-American and conti- - models and sources 32:119-123
nental procedural development --Napoleon's code commission
o5:1068-1069 32:117-119
Status of sociedad en comandita for diver- - Napoleon's part 32:123-127
sity of citizenship jurisdiction 47:135 Provisions of new German code
Survival of Roman system of private law 13:627-637
in nations which have abolished Roman Provisions of penal code of Cuba and
constitutional law 22:244-246 Porto Rico 13:124-136
Torts: effect of motive in civil lawProvisions of the Spanish Civil C
22:501-519 3I:1089-1103

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244 COERCION --COMMON LAW
References in heavy-faced type are to LEADING ARTICLES; in it
CASIS. The figure in front of the colon refers in each instance to th

COERCION COMMERCE
See Constructive Trusts, Criminal Law,
See Carriers, Constitutional Law, Foreign
Duress, Equity, Husband and Wife, La-
Commerce, Foreign Corporations, Inter-
bor Law, Wills. state Commerce, Letters of Credit, Pub-
lic Utilities, Railroads, Restraint of
COLLATERAL AGREEMENT Trade, Street Railways.
See Bills and Notes, Bonds, Choses in Ac-
COMMISSIONS
tion, Contracts, Deeds, Landlord and
See Administrative Law, Constitution
Tenant, Parol Evidence Rule, Trusts.
Law (Separation of powers), Interstat
COLLATERAL ATTACK Commerce, Municipal Corporations.
See Banks and Banking, Constitutional
Law, Corporations, Executors COMMISSIONS
and Ad- (COMPENSATION)
ministrators, Judgments. See Agents, Brokers, Executors and Admin-
istrators, Trusts.
COLLATERAL SECURITY
COMMON LAW
See Bills and Notes, Chattel Mortgages,
In general
Illegal Contracts, Liens, Mortgages,
Nature
Pledges, Suretyship, Wagering Contracts.
Sources
COLLECTIONS Comparison with other systems
See Banks and Banking. Common law and legislation
Case law
COLLEGES AND UNIVERSITIES See also History of Law, Maxims.
See also Charities.
In general
Basis of exemption of university property The common law in the United States
from taxation 21:617
Bond issue to provide funds for state uni- 50:4-26
Nature
versity as not creating state indebtedness
Applicability to new territories acquired by
under constitutional limitation 47:701
colonization, conquest or cession
Contractual relation between college and
5o:1249
student 9:536 Changing the common law: theories as to
Liability to students for negligence 47
Liability to taxation judicial
oflawmaking
land 27:365-368
leased fro
English common law in the United States
university 2 :617 24:6-30
Negligence of agent: whether exempt from
Erroneous assumption that the common
liability therefor 19:464 law is the order of nature 32:70
Power to appoint scholarship: liability to
Exposition of the common law: a system of
attachment 11 337
Quo warranto: when it lies rights and
for duties or of remedies 36:r12
forfeiture
Influence of old county courts 42:662
of charter I4:532 Nature and developing forces of common
Right of private university
law toio:457-478
dismiss stu-
dent without stating reasons
Part 4I:395
played ther
Right of student to compel granting of
34:827
degree 5:205; 9:536 Public policy in
Sale of degree ground for forfeiture of
42:76-
charter I4:532 Unwisdom of the common law Io:53
Trust for college enforceable by students
after repeal of charter 6:170-173 Sources
Alternation of periods of strict law with
COLLISION
periods of moralization 3I:954-979
See Admiralty (Torts). Crown's prerogative as part of common law
42:442
COLONIES Dominant force of common law as seen in
See British Colonial Law, Constitutional
history : 423-433
Law, International Law. Influence of civil law on the common law
9:422
COLOR OF TITLE
Systematic development of the common law
Title-bonds as color of title I8:534 31:1047-1063
What divests color of title 31:65I Unwillingness to accept features of law
COMBINATIONS
merchant 32:9-10, 37-39
See Conspiracy, Interstate Commerce, La-
Comparison with other systems
bor Law, Restraint of Trade, Common
Torts, law and civil law in British Com-
Trade Unions, Unfair Competition.monwealth of Nations 50:1249-1274

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COMMON LAW -CONFLICT OF LAWS 245
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;
CASES. The figure in front of the colon refers in each instance to the volume.

Common-law procedure contrasted


Moratory with legislation: A comparative
yduts evitarapmoc A :noitalsigel yrotaroM

other systems 1i:425-429 5801-1601:64 46:1061-1085


Comparison with the civil law:Progress in twentieth century 50:579
in general 975:05 yrutnec hteitnewt ni ssergorP

36:180-192Scots law as a compromise between com-


-moc neewteb esimorpmoc a sa wal stocS

- in procedure 36:182-183 mon and civil law systems 49:1389-I391


193I-o,831:94 smetsys wal livic dna nom

- in the law of family 36:184-187


- in the law of obligations 36:188-191 NOITASNEPMOC COMPENSATION
- in the law of persons 36:184 See also Damages, Eminent Domain, R
-liaR 'niamoD tnenimE ,segamaD osla eeS

- in the law of property 36:187-188 roads, Specific Performance, Workm


s'nemkroW ,ecnamrofreP cificepS ,sdaor

- in the law of successions 36:187 .stcA noitasnepmoC Compensation Acts.


Elements common to the civil or common Plan for providing compensation in
-liar ni noitasnepmoc gnidivorp rof nalP

law 31:666 327-507:92 smialc tnedicca yaw way accident claims 29:705-723
Nationality of commercial associations:
differences in the common law and the NOITITEPMOC COMPETITION
civil law 31:998-1001 See Carriers, Interstate Commerce, R
-liaR ,ecremmoC etatsretnI ,sreirraC eeS

Roman law and military law compared


roads, Restraint of Trade, Unfair Com
-moC riafnU ,edarT fo tniartseR ,sdaor
with the common law 32:349-373 .noititep petition.
Water: French law and common law
32:869 SROTIDERC HTIW NOITISOPMOC COMPOSITION WITH CREDITORS
Common law and legislation See Bankruptcy (Compositions).
.)snoitisopmoC( yctpurknaB eeS

Common law as embracing spirit of legis-


lation 47:858 COMPOUNDING CRIME EMIRC GNIDNUOPMOC

Common law as What misdemeanors may beof


limitation compounde
leg
dednuopmoc eb yam sronaemedsim tahW

power 2I:396-403; 40:30-70 041:21 12:140


Effect of legislation upon common law
: 429-433 TNEMELTTES DNA ESIMORPMOC COMPROMISE AND SETTLEMENT
Attorney's
Encroachment of common law upon Civil power to bind infant I2:2
8i2:2I tnafni dnib ot rewop s'yenrottA

Code in Canal Zone 33:1-2 lanimirc ni ecnedive sa esimorpmoc ot reffO Offer to compromise as evidence in crim
Federal legislation and state common
I7:02 tius suit
law 20:7I
28:171-173
CONCEALMENT
Legislation as exerting a reflex action on TNEMLAECNOC

the common law 34:526 See Fraud, Limitations of Actions.


.snoitcA fo snoitatimiL ,duarF eeS

Legislative steps in English procedural Of materialre-facts as ground for action o


fo noitca rof dnuorg sa stcaf lairetam fO

form 39:736-738 deceit, see Deceit; as ground for rescis-


-sicser rof dnuorg sa ;tieceD ees ,tieced

Statutes as sources of law -attitude of .noissicseR ees ,tcartnoc fo nois sion of contract, see Rescission.
common-law courts 50:12-19
EEF LANOITIDNOC CONDITIONAL FEE
Case law .)elpmiS eeF( setatsE eeS See Estates (Fee Simple).
Strength and weakness of system of prece-
dent 50:6-12 CONDITIONAL SALES
SELAS LANOITIDNOC

.selaS eeS See Sales.


COMMON SCOLD
CONDITIONS
Present state of law on subject
SNOITIDNOC

5:91
-nI ,stseretnI erutuF ,sdeeD ,stcartnoC eeS See Contracts, Deeds, Future Interests, I
COMMUNITY PROPERTY
.slliW ,tnaneT dna droldnaL ,.ecnarus surance, Landlord and Tenant, Wills.
See Conflict of Laws, (Property CONFESSIONS
rights: SNOIS EFNOC

marital property). .ecnedivE eeS See Evidence.

COMPARATIVE LAW SWAL FO TCILFNOC


CONFLICT OF LAWS
See also History of Law, Jurisprudence,
In general lareneg nI

Law. Nature, origin, and extent of law


wal fo tnetxe dna ,nigiro ,erutaN

Common law and civil law in British Com-Jurisdiction: domicil


licimod -.noitcidsiruJ

monwealth of Nations 5o:1249-1274 Jurisdiction of courts: personal


lanosrep :struoc fo noitcidsiruj

Jurisdiction of courts: in rem


Comparative law as confined to comparison mer ni :struoc fo noitcidsiruj

of definite institutions 47:896-897 Jurisdiction of courts: quasi in rem


mer ni isauq :struoc f'o noitcidsiruj

Jurisdiction of courts: divorce


English Society for the study of compara- ecrovid :struoc fo noitcidsiruj

tive legislation 10:240 Jurisdiction of courts: guardianship


pihsnaidraug :struoc fo noitcidsiruJ

French Society of Comparative Legisla-


Jurisdiction of courts: custody of chil-
-lihc fo ydotsuc :struoc fo noitcidsiruj

tion: its character and worknerIo:161-167


d dren
History of comparative law 45:1027-1070
Remedies: right of action
noitca fo thgir :seidemeR

Importance of comparative legislation


Remedies: procedureerudecorp :seidemeR

9: 46 yticapac :sthgir lanosreP Personal rights: capacity


Its function; with a critique of sociological Personal rights: marriage
ertairram :sthrLir lanosreP

jurisprudence 35:838-858 Personal rights: legitimacy and adoption

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246 CONFLICT OF LAWS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;


CASES. The figure in front of the colon refers in each instance to the volume.

Personal rights: guardianship flict of laws by statutory construction


Personal rights: incorporation 49:3I9-323
Property rights: immovables Private international law 40:794-797
Property rights: movables Progress of the law, I918-I919 33:1-22
Property rights: trusts - I919-920 34:50-65
Proposed reforms: agreem
Property rights: marital property
Inheritance: intestate succession prevent conflict of laws I7:400-405
Inheritance: testamentary succession - desirability of agreements to submit dis-
Inheritance: execution of power putes to specified courts 31:1082-1083
Obligations: in general - impracticability of international tribunal
Obligations: penal to administer private law 3I:1080-1081
Obligations: contract: making and va- - international conventions as to rights of
lidity foreigners and nationality
Obligations: contract: effect and per- 31:1078-1079
formance - undesirability of general international
Obligations: tort conventions to diminish conflict of laws
Administration of estates 3 :1075
Insolvency and bankruptcy -uniform legislation 31:1084-1085
Judgments Status: Austin's view of status
See also Attachment, Bills and Notes, Con- 38:1074-1075
stitutional Law, Criminal Law, Death by -characteristics of status 38:1075, 1094
Wrongful Act, Domicil, Eminent Do- Story's Commentaries - one hundred years
main, Executors and Administrators, after 48:15-38
Federal Courts, Garnishment, Income -development of
Taxes, Inheritance Taxes, International before Story 48:15-19
Law, Judgments, Limitation of Actions, Theoretical basis of the conflict of laws
Partnership, Process, Taxation, Work- 39:535
men's Compensation Acts. Nature, origin, and extent of law
In general 33:1-3; 34:50-51
In general Administration of federal criminal
Conflict of laws, I886-I936 50:887-896 state courts 38:545
Critique of the choice-of-law problem: Advantage of French r
consideration of the content of conflict- shall be based on nati
ing laws - a proposed approach 3I:1072-10
47:173-208 Application by forum
Declaratory judgment as to foreign law the common law in sp
4I:257 courts of the place o
Developments in the law, 1935-I936 Automobile forfeited in
50:II11-1206 property of an inno
Disregarding foreign law contrary to pub- other state 34:200, 212
lic policy of forum 47:183-184 Boundary rivers 22:599; 23:313;
Doctrine of qualifications 50:890 36:247-257
Doctrine of renvoi 50:889-890 Comity in international law 28:589-590
Effect of war on private international Commonlaw law as a limitation on legislativ
31:980-985 power 40:30-70
Federal review of state decisions on con- Distinction between p
flict of laws under full faith and credit of property 34:60
clause and Fourteenth Amendment Doctrine of a general com
38:804; 46:291-298 43:I35; 47:526
Fluctuating rates of exchange and the con- Doctrine of " federal common law "
flict of laws 40:621-625 3:334; 7:488; 8:I68; 9:2r7; I5:224;
Importance of certainty and uniformity I8:134; 24:6-30; 37:82
47:197-203 Extraterritorial effect of Workmen's Com-
Importance of uniformity of pensation obligation Actsir-
40:130; 48:620-625
respective of choice of forum Federal commercial
47:317 law: right of states to
Influence of ideal of national or local law change same by statute 9:430
47:11 Foreign law: application of lex fori if
Influence of ideal of universal law 47:7 foreign law not proved 23:64; 25:473;
Intention of parties as guide to choice of 29:Io6; 39:380
law 47:184-185 -proof I6:452; 33:315
International private -question for theof
law court Japan
20:575; 31:896 33:9
Jurisdictional facts 40:766-771 Governmental power of the President in
-international jurisdiction 40:767-769 the Canal Zone after expiration of the
-intrastate jurisdiction 40:769-771 authority given him by Congress
Preserving the inviolability of rules of con- 21:547

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CONFLICT OF LAWS 247
References in heavy-faced type are to LEADING ARTICLES;
CASES. The figure in front of the colon refers in each instance

Identification with law of social control Vested rights theory 41:108-111


within territory 38:820 What law is administered by the consular
Imprisonment of convict in foreign courts in juris-
treaty ports 2I:437; 33:2-3
diction 16:521
Incorporation, multiple Jurisdiction: domicilincorporation
the conflict of laws 42:516-549 Abandonment of domicil of choice 35: 89
International law as a basis of jurisdic- Acquisition by American of domicil in
tion 36:241-245 Chinese treaty port 23:211, 224
International law asof a
Acquisition newlimit to leg
domicil 49:594-596
power 21:2331, 394-396; 36:242-245 -by student 39:654
Law extending limits of jurisdiction into Attachment of stock ce
the territory of another sovereign Change of domicil 50:1121-1123
36:252-259 Changes in domicil of wives and children
Liability of automobile owner for negli- 50:890-892
gence of bailee in another state Compelling the testimony of absent wit-
48:625-628 nesses 43:125
Local law theory and its implications in Conclusiveness
the conflict of laws 4I:421-452 charter 26:266
Natural law as a limitation on legislativeConflicting claim
power 21:390-393; 40:30-70 poses 50:1120-1121
Nature of jurisdiction 30:676-678; Domicil and residence 50: 1119-1120
36:241-262 Domicil in state without domicil in par-
Nature of jurisdiction of United States ticular place 10:246
court in foreign countries 21:437; Domicil of corporations
33:2-3 15:236
Need that the sovereign give sanction to Domicil of military men:
law 38:817 domicil in federal territor
Ratification as Domicilconferring
of person in itinere 35:189 ju
submission 36:258-259 Domicil of persons non sui juris 22:220,
Right of inmates of national soldiers' home 229; 26:268
to vote 20:497 Domicil of soldiers and spouses
Rule of federal courts as to burden 50:1119-1120 of
applied in action in state court under Effect on English domicil of residence in
federal Employer's Liability Act extra-territorial community in Egypt
33:86I 32:432
Sovereign jurisdiction extended by law Efficacy of intent to retain original domicil
throughout sovereign territory when old home is abandoned and new
36:245-247 one established 35:764
Sovereign jurisdiction gained by submis- Emancipated infant: whether h
sion 36:253-259 quire new domicil I9:215; 33:4-5
Sovereign jurisdiction over
Infant's domicil border
on death of divorced par- se
36:259-262
ent having custody 38:392
Sovereign jurisdiction overtocircumam
Intention necessary effect a change
air 36:262 domicil 23:21, 224
Sovereign's Jurisdiction
power of overdomicil ac
to
zens abroad 36:253 sonal guardian for an absent insane
Specific consent necessary to
person 44:I138 give jurisdic-
tion by submission 36:255-258 Marriage and the domicil 44:501-529
State court bound by construction ofNationality
fed- 22:13-25
eral statute by federal court in action
Power of a guardian to change ward's
thereon 33:86i domicil 34:59
State law: effect onRequisites
maritime rights
of domicil 19:I35
21:357 Residence at various places as evidence of
State law of evidence in the federal courts change of domicil 9:544
43:554-585 Residence of life convict for purp
Story's views on comity and the territori-service 46:529
ality of law 48:34-37 Right of an infant or
Swift v. Tyson doctrine: aftermath of the 32:i75
Supreme Court's stop,Separate look, and
domicil listen
of married woman on
rule 43:926-932 amicable terms with husband 47:348
-some recent implications Separate domicil 48:979-983
of wife after judicial
Theory of application of foreign
separation 40:134 law-
doctrine of renvoi 48:150-151 Separate domicil of wives an
Trade marks, their territorial extent and 50:1123-1124
situs 21:361 Stockholders alien enemies 30:83

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248 CONFLICT OF LAWS
References in heavy-faced type are to LEADING ARTICLES; in italic
CASES. The figure in front of the colon refers in each instance to the vo

Treaty ports: domicil of persons residing.


Jurisdiction of federal cour
therein 33:2-4 corpus after commitment
What intent is important 34:51-52 for act done under order of federal court
What is necessary to change domicil as be- 21:204
tween city and country residences Jurisdiction of foreigners; at common law
33:863 26:283-301
What law determines domicil 20:226 - common law of Europe 26:195-206
- European
Whether equivalent to state citizenship as law 26:193-211
basis for federal jurisdiction 32:575 - foreign corporations 26:206
- law of France 26:207-211
Jurisdiction of courts: personal -right of foreigner to sue
Agreement to mortgage foreign land 207-209
24:234 -Roman law 26:195
-suit against a foreigner 26:197-206,
Allegiance as a basis for imposing obliga-
tion for failure of citizen to return to 209-211
United States 4I: I67 Jurisdiction of persons not actually present:
Allowing foreigners to sue 26:288 in general 26:296-301
Citizenship as sole ground of jurisdiction -by appearance 39:570-572
27:464, 483 - by doing certain acts within the s
Civil and military tribunals: jurisdiction 39:572, 580-586
over one awaiting sentence for crime domicil 26:296
32:576 -if cause of action
Concurrent jurisdiction of state and United 26:296-297
States: criminal 8:59 - if property within jurisdiction 26:297
- to punish sedition 33: I Jurisdiction over corporations, due process,
Consent as basis 20:323; 2I:285; and commerce clauses 42: o062-0o68
26:297-301; 30:677-678, 689-695, 702;
Jurisdiction over non-resident owner in
39:573-574 action arising out of another's operation
Consent by filing forthcoming bond toofre- his automobile in state 43:493
lease attached property 36: I028 Jurisdiction over partnerships 37:793-833
Jurisdiction over piracy 38:335-339,
Consent implied by entering a partnership
21:285 353-355
Constitutional right of nonresident to sue
Jurisdiction to award custody of children
41:387-390 24: 42
Developments, I935-I936 50:1124-1132 Jurisdiction to order payment of alimon
- acts done in state 50:1128-1130 24:234
- consent 50:1127-1128 Jurisdiction to punish for crime
-decrees to take effect in another state 50:638-641
50o:131-1132 Juristic person: domicil and nationality
- domicil 50:1126- 127 22:1-25
Nonresident
- notice and opportunity to be heard individuals or foreign corpora-
50: I30-113I tions doing business within the state
- presence 50:1125-1126 33:9-12
Discretion to entertain suit-tort action Nonresident motorist statutes 38:III;
between nonresidents where the cause of 39:563-586; 43:949-954; 50:894-896
action arose locally 45-386 Nonresidents doing business within a state
Effect in foreign state of power to confess 32:871-891; 39:563
judgment 38:10o Ordering conveyance of foreign realty
Effect of appearance at taking of foreign 47:1r75
depositions 39:397 Ordering delivery of deeds to foreign realty
Enforcement by neutral courts of contracts 47:1174-1175
between citizens of belligerentOrdering return ofcountries
shop removed to another
29:I08 state in violation of collective labor
Enjoining foreign trespass 20:329 agreement 50:700
Enjoining person within territory fromOwnership of corporat
prosecuting a pending suit in a foreign substituted service 48:68o
jurisdiction 26:347, 374; 27:91 Personal jurisdiction over a fore
Extrastate enforcement of penal and gov- 34:62
ernmental claims 46:193-225 Personal liability for property and inherit-
Jurisdiction in actions against ance foreign taxes cor-44:1265-1270
porations I2:1-23; 34:55-56; Place of trial in civil actions
39:572-581 43:1217-1248
Place of trial-interstate application of
Jurisdiction of court of equity 26:292-296
intrastate
- to give a consent decree for partition of methods of adjustment
foreign land 4I:25I 44:41-64

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CONFLICT OF LAWS 249
References in heavy-faced type are to LEADING ARTICL
CASES. The figure in front of the colon refers in each insta

Presence within jurisdiction


Statutory jurisdiction
26:284-296;
over interstate
39:574-578crimes 39:493
Proceeding on a foreign cause of action
Validity of action
26:289-292; 36:881 33:19-
Proceeding on sheriff's bond of aof
Validity foreign
award b
state 36:881 43:653
Production Validity of books of contra kep
2 :354 award is to be bin
Restraining and enforcing extra-territorial 22:61
acts 3I:646, 652 Validity of substituted service on foreign
Restraining foreignexecutor of nonresident motorist
proceedings
47:I176-1178 49: I45
Right of longshoreman injured on foreign Waiver of jurisdiction over federal prisoner
vessel in American port to sue under to permit trial by state court 36:221
Jones Act 42:273
Service: joint judgment Jurisdiction of courts: in rem
unenforceable for
want of service on all parties Abatement of foreign nuisance 23:390
9:360 Action against foreign executor to reach
- privilege from service of process of non- property within jurisdiction 33:19;
resident parties and witnesses coming 34:62
voluntarily into the jurisdiction 23:474Developments, I935-1936 50:1136-1138
487, 488 - intangibles 50:1137-1138
- privilege of nonresident coming into state -tangible chattels 50:1136-1137
on public duty 33:721, 734 Effect of foreign probate upon domes
- service by publication as a denial ofland due 34:55
process 30:761 Enjoining sale o
-service agent tion on
of foreign pledged corpo
in cause of actionstatearising 46:327outside st
Foreclosure of mortgage on property
29:880
-service on party temporarily
partly in foreign jurisdiction 29:456with
jurisdiction 9:430 Immunity of sovereign's vessels from libel
- statute authorizing extraterritorial serv- 32:727
ice on residents of state 24:486 Injunctions in absence of personal juris-
-statute authorizing service out of juris- diction 50:495-500
diction 24:318 Jurisdiction of federal c
-submission to jurisdiction jurisdictional withoutfacts inpe
b
sonal service by contract 15:746 and to adjudicate bankruptcy 30:640
- substituted service on nonresident indi- Meaning of jurisdiction in rem 39:486
vidual doing business in state by notice Meaning of situs 39:486
to place of business 30:696-702 Primary and ancillary receiver
unreasonable service by publication
federal courts 47:682-688
upon domestic corporation 21:453 Whether a judgment against a part
- unreasonable service on agent of foreign enforcible only against firm ass
corporation doing business in the state based on jurisdiction in rem
2I:453 37:801-807, 812-815
- unreasonable service on agent of foreign
corporation which has ceased to Jurisdiction
do busi- of courts: quasi in rem
ness in the state 21:453 Action against nonresident husband for
--validity of foreign judgmentsseparatewithoutsupport by attaching property
service 9:430; I4:384, 535 within the state 34:54
- validity of service on agent ofAttachment
nonresi- of property of p
dent individual doing business composed
within of nonresidents 8:361
state 33:238-240; 48: I433 Attachment of stock as constructive notice
Service of process on domestic subsidiary in 47:35i
an action against foreign corporation
Consent conferred by forthcoming bond
42:955 36:1028
Service on foreign corporation which hasDevelopments, I935-I936 50:1138-1140
ceased to do business in the state Garnishment: in general 6:381;
26:749, 756 I:108-112; I2:2I4; 13:596; 14:462;
Service on state officer without notice to 17:I88; 19:132; 2I:219, 289; 25:651,
defendant foreign corporation 49:339
66I; 27:111-124; 31:909-918; 32:575
Sheriff's return not conclusive as to non-
-choses in action evidenced by a docu-
resident defendant 50:980 ment 27:113
-debt
Specific enforcement of agreement to arbi- 27:113-124
trate in another state 47:Io55 - tangible chattels 27:113

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250 CONFLICT OF LAWS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Jurisdiction to compel divorced husban


Garnishment of judgment debt: situs of
to support children 33:729
40:II53
Garnishment of shares of stock in a Matrimonial
foreign domicil 21:296; 28:469
corporation held outside the state by a for both domiciliary and personal
Necessity
nonresident defendant 37:387 jurisdiction over defendant 39:424-430
Nonresident husband bringing action in
Injunction as means of getting jurisdiction
over property I4:535 state alleged to be separate residence of
Jurisdiction for garnishment wife 30:390
compared
Petition to vacate
with jurisdiction to confiscate decree after libellant has
debts
35:960 left jurisdiction 11:416
Jurisdiction of debts 31:905-908 Recognition of a void decree on
Jurisdiction to confiscate debts 38:822 of comity 36:880
Lien on insurance fund created by foreign Requirement of actual no
garnishment proceedings as entitled to defendants I8:215
full faith and credit in interpleader suit Right of inhabitants of t
at insured's domicil 47:1179-1181 the Federal Government
Situs of choses in action i :95-113; for divorce in state court 40:130
I5:68o; 27:113-116; 39:486 Separate domicil of wife I8:3II; 26:447,
Situs of shares of stock 39:485, 506 450; 28:I96, 207; 3I:489; 34:786;
Whether filing of replevy bond will give 39:420-421
jurisdiction in attachment suit 29:547 Separate domicil of wife after judicial sep-
aration under English law 40:134
Jurisdiction of courts: divorce Validity of foreign decree against nonresi-
Changes in American law 50:890-892 dent based on constructive service 30:82
Conclusiveness of decree in divorce pro-
ceedings in which both parties before Jurisdiction of courts: guardianship
court as to jurisdiction of court to grantDevelopments, I935-I936 50:1201-1202
divorce 28:471472 Jurisdiction to appoint a personal guardian
Decree at matrimonial domicil entitled to for an insane person 44:1138
full faith and credit 26:449 Jurisdiction of courts: custody of childr
Developments, I935-I936 50:1I92-rI98 Developments, I935-I936 50:1198-1200
Different jurisdictional requirements Jurisdiction to determine the custody of
39:640 children 34:57; 41:647-650
Divorce based on causes antedating domicil State control over child living with p
in present jurisdiction I4:23I on federal military reservation 50
Divorce by soldiers and spouses
50:19-IIII20 Remedies: right of action
Action
Divorce by wife in jurisdiction where for deficiency on mortgage
hus-
band is not domiciled 15:66 governed by foreign statute 20:326
Domicil in extra-territorial community
Action in one state for damage to land in
32:432 another I0:250
Extraterritorial effect of divorce 31:489 Action on bond of fo
- determined by the renvoi 39:640, 653 24:664
Extraterritorial validity of divorce granted Adoption of a statut
without personal service 8:285; I5:66; 42:433
19:61; 27:179 Discretion to entertain suit-tort action
Fault of non-domiciled defendant as a juris- between nonresidents where the cause
dictional fact 39:421-427 of action arose locally 45:386
Foreign decree binding on party Effect in the forum of a statute of the p
obtaining
it on grounds of estoppel I6:596 where the cause of action arose establish-
Foreign decree of divorce based on con-ing a purely local method of procedure
structive service after separation agree-and practice 34:64
ment permitting separate domicils Effect of foreign copyright act 39:649
4I:794 Effect of foreign garnishment on right of
General discussion of requirements for action on debt 38:1114
jurisdiction: Haddock v. Haddock Effect of public policy of foru
i9:586-597; 28:457-472; 39:417-430 50:I204-12o6
Indian divorce 25:374, 384 Enforcement by neutral courts of contracts
Judicial separation: in general between citizens of belligerent countries
33:12-13;
44:996 29:I08
-in England 28:425 Enforcement of foreign contract contrary
jurisdiction: Haddock v. Haddock to public policy of forum I7:492;
I6:448 25:385; 3I:799; 39:546-550
Jurisdiction requisites for divorce against Enforcing in another state statutory right
non-domiciled defendant 39:426 conditioned by state of creation on com-

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CONFLICT OF LAWS 251
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

mencement of action in the jurisdiction, Amendment of declaration after statute has


as denying " full faith and credit " unless run in foreign state where tort was com-
condition fulfilled 22:535 mitted 23:570
Exercise of jurisdiction over cause Compelling
of action the te
accruing in foreign waters 42:434 nesses 43: i2I-126
Contribution between tortfeasors in in-
Extrastate enforcement of penal and gov-
ernmental claims 46:193-225 jured plaintiff's action as substance or
Foreign corporations in the federalprocedure
courts - 47:241
effect of non-compliance with state Delimitation of "proce
statutes 44:428-432 flict of laws 47:315-321
Foreign decree for conveyance of47:318-319
- arbitration statutes land as
evidence of right of -Statute action at situs
of Frauds 47:316-3I7, 320-321
21:210 - statutes of limitations 47:316-318
Husband liable by law of domicil -tort for neces-
survival statutes 47:317-318
saries furnished wife in another Effect ofjuris-
foreign statute of limitations
diction 33:14-15 18:220; 34:784
Injunction to restrain trespass
Foreign to foreign
decree for conveyance of land as
realty 5:579 alimony 21:210
Jurisdiction of courts over
Presumptions, burd suits t
all parties are foreigners i8:325-340 conflict of laws 43:1134-1137;
Liability to general average contribution: 46: 1139-r140
when governed by law of port of des- Procedure and substance- developments,
tination 22:611 I935-I936 50:1202-I204
Limitation in federal
Service ofEmployers'
process upon resi
Act as of a foreign
extinguishing court refused
the right 33:978 of a
State limitations applied to federal statutes
29:45I
Ordering reconveyance of foreign land for 10:450
conduct wrongful only where deeds de-
Statutory tort: action barred by limitation
livered 50: 29 clause in statute 8:426; 14:154
Power of foreign Substance
court andto decree
procedure conv
in the conflict of
ance of land for tort or breach of con- laws 47:185-186; 49:349-350
tract 20:384-393 Suit in foreign court in violation of agre
Proceeding in one ment state on cause
to arbitrate 47:126 of a
arising in another 26:289-292 Taking of deposition for use outsid
Redress for tort committed under statute I7:355
of foreign state which forbade recovery
outside that state 21:207; 27:756 Personal rights: capacity
Remedy changed where right of action ac-
Capacity as a status 38:1080-1082
crued: action thereafter in foreign state Competency of witness convicted of felony
I9:617 in another state 2I:547
Rights as result of remedies 41:426-436 Coverture as defense to contract valid
Statute permitting injured person to sue where made 16:520
wrongdoer's insurer as creating substan- Creation of charge upon sep
tive right 42:701 determined by law of situs 20:384
Statutory tort: action Effect
barredof domicil
by on limita-
capacity of married
tion clause in statute 8:426 woman to contract 21:55
Note made by married woman in Ne
Substance of contract distinguished from
remedy 16:262-271 Jersey and negotiated in New York
I5:233 of
Suit against divorced father for support
children 33:728 Note made by married woman invalid
where
Suit between foreigners on made held valid by
foreign law of state
tort
I9:6i8 where payable 33:726
What law governs capacity to m
Suit under Workmen's Compensation Act
limited to court of that jurisdiction tracts concerning land in foreign
33:22 22:534
Survival of tort claim 47:129 What law governs capacity to sue
Trespass to foreign realty 49:348 34:59-60
Venue of action for use of lands 24:577 Personal rights: marriage
Waiver of venue by state official 36:49I Capacity in international marriages: in
Wife's action against husband barred at general I5:382-394; 20:412
forum although valid at situs 50:351 - English law 22:439
Capacity of parties decided by l
Remedies: procedure of celebration 18:226; 26
Action barred by limitation clause in statute Capacity to marry 38:1081
27:84 Developments, I935-I936 50:xI90-1

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252 CONFLICT OF LAWS
References in heavy-faced type are to LEADING ARTICLES;
CASES. The figure in front of the colon refers in each instance t

Effect of a polygamous marriage


Legitimation valid
after birth by law of domicil
where made 34:57 23:564
Foreign marriage contrary
Legitimationto statute
subsequent of
to birth
the domicil 26:536, 548 20:400, 572
Foreign marriage illegal by Recognition of issue of polygamous mar-
laws of United
States 15:315 riage 31:892
Jurisdiction of domicil at time
sought to annul Personal
for defect rights: in f
marriage which took place in another Award of person
state, the parties at the time being domi- defendant and child out of state
ciled in a third state 41:253 45:III4
Effect
Jurisdiction of place of ceremony to annulof emancipation by infant's d
44:I295 on payment by foreign guardian 43
Jurisdiction to annul 37:150 Guardianship as a status 38:1085-1086
Marriage and the domicil 44:501-529 Insurance policy paid to domiciliary guar-
Marriage by mail 33:13; 32:848, 862 dian not in possession I6:521
Marriage by proxy in its international as- Power of guardian to change ward's dom
pects 32:483-488 cil 34:59
Marriage in spite of divorce Termination forbidding re-
marriage II:546; 16:140; 22:302; viously adju
26:536, 548; 32:574; 41:397; 42:701; 50:1201-1202
48:123
Nullification: American decisions Personal rights: incorporation
32:815-823 Assessment upon member of foreign mutual
- canon law 32:808-809 benefit insurance association authorized
- English decisions 32:814818 by statute of corporation's domicil
- jurisdiction 32:806-824 28:797, 808
-jurisdiction of place of ceremony Developments, I935-I936 50: 1175-11 82
44:I295 -doing business 50:1176-1178
--proposed uniform American statute -interference with internal affairs
32:823-824 5o: II8o0-82
-what court can decree I3:604; 20:412; -multiple incorporation 50:1182
21:365; 26:253, 265 - recognition of dissolution or suspension
Operation of civil death statutes 50:1175-1176
50:975-977 -shareholders' liability to assessments
Relation of marriage as a status 50:1178-1180
38:1076-1080 Discharge in bankruptcy: effect on foreign
Validity of foreign marriages I5:I45 corporation I2:434
-terminable at will of parties 43:827 Effect of dissolution of a c
Validity of marriage in England between statute provides a state o
English woman and French minor not successor 29:778
having consent required by French law Enforcement of indi
21:365 porators I7:192; 24:237; 27:575, 588
Validity of marriage on high seas I2:273 Exclusion of foreign corporation by state
17:356
Personal rights: legitimacy and adoption Foreign enforcement of statutory liability
Adoption as a status 38:1084-1085 of stockholders for debts of insolvent
Adoption: extra-territorial effect corporation 23:37-48; 25:737
22:372, 535 Garnishment of stock of a foreign cor-
Adoption of European child by Maoris poration 41:924
34:57 Has a corporation any
Descent of land to child legitimated by side state of creation 33:368-370
adoption 36:83, I04 Incorporation as a status 38:1086-1093
Incorporation
Effect of Indian tribal law allowing by twoillegiti-
states: effect in fore-
mates to inherit 39:895 closure proceedings 17:571
Effect of unrecognized divorce Jurisdiction
on legiti- of courts in actions ag
macy 20:400, 572 foreign corporations 12:1-23
Jurisdictional requirements Law governing eleemosynary for corporati
ad
36:85; 50: 1200 or trust 33:360-365
Jurisdictional requirements for legitimation Legal status of a corporatio
36:84 of creation 20:78
- subsequent to birth 21:443 Liability in Massachuset
Legitimacy as a status 38:1082-1084 in foreign corporations Io:228-234
Legitimacy created by law of domicil: how Limitations on corporation containing for-
far recognized elsewhere 6:379 eign element 31:1007-1010

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CONFLICT OF LAWS 253
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to

Conveyances
Maintaining agent to solicit and
freight not incumbranc
do-
ing business within a state 33 1I4 50: z52--155
Nationality of commercial houses deter-Equitable interests in foreign movables
mined by place of business 31:991-996 20:392-397
Nature of the right evidence by a share ofForeign chattel mortgages: validity
stock 30:486, 516 I8:145
Power of state to dissolve corporation Forfeiture of automobile seized while car-
whose property is in the hands of fed- rying intoxicating liquor 34:200, 212
eral receiver 21:279 Jurisdiction over title of absent owner in a
Public policy as governing chattel 40:805-812
ownership of
real estate 9:91-105 - application of condit
Restraining and enforcing act extra-territorial
47:713
acts: assessment of foreign Jurisdiction
policy holders
in domestic corporation 23:564 43:1293-1298
Right of foreign corporation to sue on for-Law governing assignment of a bank ac-
eign judgment 17:417 count 40:989-994
Right of state to expel foreign Law corporation
governing lien fo
for resorting to federal courts in foreign port 37:1134
28:304, 320 Law of forum governing maritim
Service of process on foreign corporations
quired in foreign port 22:536;
I2:2-5; I6:145; 19:52 26:356, 377
Status of corporation composed of enemy Marital property rights 43:1286-1289
belligerents in neutral country 33:374 Priority of assignee of one of several notes
Taxation of foreign corporations secured by one mortgage
17:248-265; I9:67; 27:275, 289 33:256-257
Whether shareholder in a corporation is Recognition of foreign law divesting do-
bound by the laws of state incorporation mestic mortgagee's title to chattel
or of state in which business is conducted 50:522
30:393 Situs of bank account for purposes of stat-
Property rights: immovables utory escheat 47:872
Conveyance and contract 50: Ii o-I1Is Situs of motion picture ri
Effect at situs of foreign decree for con- Statutory basis of literary pr
Trademark: effect of confiscation in one
veyance of land as alimony 21:210;
country upon its use in another country
25:653, 66i
Equitable conversion 50:1152 21:361
Equitable interests in foreign landValidity of statute declaring property of
20:382-392 spouses moving into state to be com-
Foreign decree for conveyance of land munity property 47:131
33:424-425; 40:500
Property rights: trusts
Law applicable to will directing equitable
Administration of trust of movables
conversion 49:994
Law governing descent of vendor's 20:395-396; 45:972-973
interest
Administration of trust of personalty cre-
in a contract for the sale of land 41:795
Marital property rights 43:1287 ated by will in one state when cestui,
Ordering reconveyance of foreign land fortrustee, and property are in another state
conduct wrongful only where deeds de- 21:143

livered 50:129 Adoption of foreign domicil's disposition


Priority of assigneeofofconflict
one of laws
of question
several 44:292 no
Equitable interests in foreign
secured by one mortgage property
33:256-257 20:382-397
Rights in real estate created by forei
marriage determinedJurisdiction
by of court
law of equity
of to declare
situs
20:383 trust of shares, of which nonresident
holder has legal title, but corporation
Property rights: movables issuing them claims beneficial interest
Chattel mortgage and conditional sale re- 23:134
cording acts in the conflict of laws Law governing descent of cestui's interes
41:779-782 in proceeds of sale of foreign immovables
Chattel mortgage on automobile in one 37:498
state subjected to mechanic's lien in an- Living trusts of movables in the conflict of
other 33:15-16 laws 45:969-973
Chattels brought into state
Power ofwithout
court toown
dec
er's consent 24:567; 42:827; 50:1136 foreign land for tort
Conditional sale 29:217; 33:15-16 tract 20:384-393
Conditional vendee's right to redeem repos- Reversionary intere
sessed chattel 47:128 law governs assignment of I9:6I

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254 CONFLICT OF LAWS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; an


CASES. The figure in front of the colon refers in each instance to the volume.

Trust of chattels created by deed: what tribution decreed by


law determines validity I7:123, 570; 42:827
32:729 Rights of adopted chil
Trusts and eleemosynary corporations Situs of corporation stock 40:495
33:362-365 Succession to movables 50:1r57-r158
Trusts inter vivos and the conflict of laws What law governs the succession of an heir
44:161-202; 50: 156-1157 who has murdered the ancestor in a for-
-of personalty 44:161-202; 47:350 eign state 34:60-61
Validity of the creation of a trust
45:970-972 Inheritance: testamentary
Validity of trust performable outside ofAdministration of trust of
jurisdiction of its creation I9:457; ated by will in one state,
20:647 and property being in anot
2 1:43
Property rights: marital property
Apportionment of inheritance tax on stock
Effect upon marital property of a change
of corporation incorporated in several
of domicil of the spouses 34:62
Property acquired by spouses after mar-states - 2I:295
Charitable bequest
riage I2:I38; I3:6oi; 23:400
7:432
Rights in movables 50:rr55-1156
Effect of equitable conversion upon law
governing legacy 33:18-19; 49:994
Inheritance: intestate succession Election between provisions of will and
Advancements set off against entire estategeneral law of inheritance, which law
20:493 governs: domicil or situs 33:17-18
Doctrine of renvoi in general 40:796 Enhancement of testamentary capacity by
- alternative courses in decreeing the dis- change of domicil 28:809
tribution of the movables in the forum Equitable election 32:288
of a citizen of the forum domiciled in a Foreign will: where presented fo
foreign country 3I:528-537 probate 23:467
-American cases in which the renvoi has Intent of testator:
been considered 31:565-571; 34:50 law of administration 21:143
-application to sister state marriages Judgment construing will: effect on disp
35:454 468 sition of foreign land II:550
-application to succession of movables Law governing the revocation of a will
43:826 34:768, 785
-desistement theory 3I:529-533 Legacies: by what law interpreted
-distinction between enforcement of for- : 102-103
eign rights and creation of new rights by May foreign state dispose of personal
law of forum 35:454 situated therein 34:55
-English cases in which the renvoi has Probate of will attacked in another state
been considered 31:537-565 for want of jurisdiction 5: 746
-local law theory and its implications in court attacked in
Probate of will in state
the conflict of laws 41:445-447 federal court I6:I40
- reference to the foreign law by Relation the con- between executor
flict-of-laws rule of the forum as one di- ministrator of deceased 20:326
rectly applicable to the appropriate rule Renvoi doctrine: application involving
of the internal foreign law 31:537 three references 40:316
- reference to the foreign law by the con- Situs of choses in action in interpr
flict-of-laws rule of the forum as refer- legacies Ii:102-103
ence back to conflict-of-laws rule of the Situs of deceased partner'
forum 3I:528-529 whose partners do not
- reference to the foreign
firm does businesslaw 21:221
by the c
flict-of-laws rule of the forum as refer- Taxation of exercise of power
ence back to internal law of the forum: ment over foreign personalty
objections 3I:533-536 35:326, 348
-theory of the renvoi in relation to Trust performable outside jur
Anglo-American principles of the conflict its creation 19:457; 20:647
of laws 3I:524-537 Validity of will of movables 50:1158
Inheritance of foreign land by
Will interpreted by law child
of domicil legit
I6:62
mated by adoption 36:83 Will made in one country followed by mar-
Inheritance tax applied to personalty riage in of another 14:379
foreigner dying intestate 15:864 Will valid by law of domicil va
Property of person dying without heirs and where 19:122
intestate 15:856 Wills Act: effect
Refusal by state of situs marrying toScotchman
recognize 20:68 dis-

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CONFLICT OF LAWS 255
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Inheritance: execution of power in United States with c


Execution of testamentary power United States law 0o:38I
48:1241-1242 Contract providing that all disputes
Power over personalty: what law governs should be adjudged according to F
the appointment by foreign will 24:654 law and in a designated French cou
Sufficiency of execution 50:1155 33:21
What law determines the validity of a willContract to adopt 49:644
executing a power of appointment overContract to purchase lottery ti
personalty 38:661, 684 share possible proceeds: lotteri
Will executing power: sufficiency in placedeter-
where contract was m
mined by what law IO:3io; 19:122; legal in place where lottery w
23:222; 33:16-17; 35:326 ducted 40:496
Contract to submit to arbitration
Obligations: in general 33:21-22
Developments, 1935-1936 50: 160-1164
Construction of workmen's compensation
acts 49:320-322 - capacity 50: 161-1162
Effect of foreign - defenses: fraudcompensa
workmen's and illegalit
acts 49:169-170 -defenses: usury 50:1162
- extent
Power of state under full of obligation
faith and 50: 1163credit
-formalities:
clause to apply local Statute of Frauds 50:1162
compensation act
- place of contracting 50: x6o-Ir6i
49:146
- transfer of contractual rights
Obligations: penal 50:1163-1164
Effect of domicil oncaused
Death within jurisdiction capacity of married
by bl
struck elsewherewoman to become liable
15:419; for rent 21:55 86
33:843,
Foreign marriage
Effect of change in place of payment forbidden by local law up
as consideration
currency in which obligation is i6:140
discharg
able 48:330 Formal validity: contracts for sa
Enforcement ofThe Geneva convention for
assessments in the
thse
foreign jurisdiction 22:292 of certain conflict of laws concern
Enforcement of individual liability of and
di- notes 44:370
rectors 26:172, 175 Indorsement: what law
Enforcement of obligationInsurance
of wife to contract
pay provid
family expenses I6:596 of substituted policy 38:826
Interpretation: what law governs 23:563
Implied contract as basis of extraterritorial
Law
collection of corporate franchise governing interpretation of mortgage
tax
48:137 bond: effect of law at situs of property
Individual liability of stockholders and 38:825
directors I7:I92 Law of the place of making controlling
Penal statutes: what are to be regarded I7:570
as
Lex loci contractus,
such 6:I54, 378; 11:53, theories of 42:1092
476; 14:620;
26:172, Limitation
I75 of carrier's liability: by what
law at
Person in one state firing governed
person17:30-40in an-
other: jurisdiction over-what law determines
crime 7:239; validity
8:494; 1:55 3:334; i6:I32
Proposal that forum enforce and apply law Note void for usury in place of making
of state where criminal act done 8:59; I0:31o
50:0oo6-ioo8 Public policy of forum as ground for re-
Statutory relief in extraterritorial tax col- fusal to apply lex loci 47:526
lection 48:828-835 Substance or obligation distinguished from
remedy I6:262-271
Suit to collect a foreign tax 25:384
Substantive effect of the
Whether death statutes are penal or com-
pensatory 32:172 tion of the Statute of
Supremacy of rules of th
of the United States 39:538
Obligations: contract: making and
Theoretical validity
and practical advantages of
Conditional vendee's rightview
to that
redeem
validityaisre-
determined by the
possessed chattel 47:I28 lex loci contractus 23:270-272
Conflict of laws relating to bills and notes
Theories as to the nature of the section of
32:983 Statute of Frauds governing personalty
Contract concerning land: what law de- 39:632
termines validity Io:523; 21:365; 22:534 Usury: what law determines 17:568;
Contract made .by telephone: place of 47:182-183
making 17:420 Validity and effect of foreign contracts:
Contract made in England to be performed
Dicey on Conflict of Laws io:168-174

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256 CONFLICT OF LAWS
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume.

Validity as determined by place at place of contractin


of perform-
ance 23:267-270 such instruments are
Validity as governed Interest by
rates in law
the federalintended
courts b
parties 9:371-385; I6:58; 17:570; 44: 05-o08
23:5-10, 260-266 Interpretation: what law governs 23:563
Validity of a contract as basis for decree -what
for law governs in case of bills of ex-
conveyance of foreign land 21:210 change and bills of lading in foreign com-
What law governs agreement collateral to merce 32:563
gaming contracts 40:496; 41:396 Jurisdiction to
What law governs the creation of cove- Law governing t
nants for title 35:964 by-laws of a fo
What law governs validity: in Law general governing
23:1-11 account 40:989-994
-history and origin of doctrine 23:4-11 Liability of acceptor of
-state of the authorities 23:79-103, a foreign indorsee 41:93
194-208 Life insurance trusts 50:517
Limited partnerships and the confl
Obligations: contract: effect and perform- laws 44:615-618
ance Marriage in spite of
Adoption of a statute into a contract tion 16:140
42:433 Measure of da
Application of French moratorium to a lishing credit i
contract to be performed in another tuating value 43:I307
country 30:390 Note made in one state and p
Application of Joint other: what law governs 22:378 to go
Resolution
clause obligations Overdue negotiable instruments
alternatively payable
foreign currency 49:152 3 :1142-1144
Contract as basis of extraterritorial effect Provision rendering insurance policy subject
of Workmen's Compensation Act to foreign law I9:I32
37:375, 396 Renvoi - application in con
Contract to perform to satisfaction of 50: I58-1i59
other party in another state 20:558 Shipment of goods: what law governs pass-
Contracts between citizens of belligerent ing of title 11:468, 555; I3:609
countries in neutral courts 29:o08 What law governs anticipatory repudiation
Damages recoverable for breach of contract 43:957
made in one state to be performed in What law governs the breach of a contract
another I5:407; I7:354; 20:67 34:63
Developments, 1935-1936 50:1164-1166 What law governs dissolution of partner-
Divergent theories 50:1159-1160 ship 35:337
What law gover
Effect in foreign state of failure to record
20:637 gage bond not
Effect of an American income tax statute 38:825
upon liability of obligor upon bonds What law governs notice of dishonor to in-
issued in America, interest and principal dorser of note 25:187
payable in England 34:63
Obligations:
Effect of discharge in insolvency upon non- tort
resident creditors 48:948-949 Action by personal representa
Effect of moratorium at place of committed
payment under foreign st
28:407 vested right in beneficiary 28:518
Extraterritorial effect of workmen's com- Action for defamatory statement not ac-
pensation acts 46:291-298 tionable where made I:261
Foreign contract that looks only to insur-
Applicability of anti-trust law
ance fund for compensation for injury
restraint 49:319-320
caused by negligence of master: available
Applicability of Shipping A
as defense to tort in jurisdiction
(1916), 46 U. S. C. ? 816 (1
26:459 ments made in New York
Foreign contract unenforceable because of
contract made in France 43:136
public policy 9:357; 15:579 Application of state statute giving right of
Full faith and credit to foreign law action
making for death to domestic vessels on
misrepresentation in insurance applica- the high seas 2 1:357
tion material 50:520 Basis of jurisdiction over tor
Geneva Convention for the settlement of seas: in general 9:482; 15:408; 17:I99;
certain conflict of laws concerning bills 2I:9-22; 27:82; 32:714
and notes 44:372 -citizenship of defendant 2I:3-6
-consent as basis
Indorsement of instrument, 21:15-21
non-negotiabl

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CONFLICT OF LAWS 257
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

public policy in forum not allo


Cause of action arising in foreign waters
actions 21:78-81
42:434
Communal liability for mob violence -when both parties are citizens at the
49:1368 forum 21:82-92
Constitutionality of statute allowing -when
en- both parties are citizens of the
forcement of foreign action for death same foreign country 21:82-92
-when only one party is a citizen at the
only when deceased is citizen of forum
21:285 forum 21:82-92
Contributory negligence: defense depends
- when the parties a
on law of locus delicti 11:476 foreign countries 2I:82-92
Date determining rate of exchange forRecovery
con- for death by wrongful
version of damages computed in foreigncollision at sea 32:713, 727
currency 47:876 Recovery for mental anguish due to n
Death without jurisdiction: gent non-delivery application o
of interstate teleg
statute thereto 12:286 30:39I
Developments, 1935-1936 50: 1166-170 Recovery under workmen's compensat
- actions under foreign death statutes statute of place of injury while employ
50: I69-1170 under contract made elsewhere 28:52
Discretion to entertain suit-tort action 33:22; 34:64
between nonresidents where the cause of Redress for tort committed under the
action arose locally 45:386 statute of foreign state which forbade
recovery
Effect of non-recognition on application ofoutside that state 21:207
Soviet Law 47:127 Right of action for death on high seas
Effect of Pennsylvaniacreated statute upon
by the maritime law divi-
of any mari-
sion of damages awarded for
time state death of
independently ofthe a
citizen-
New York man in Pennsylvania ship of the parties 2I:9:22
34:64 Right of action for death resulting fro
Effect of statute of forum relating to con- juries received outside the state where
tributory negligence 41:254 death occurred 21:143
Effect of workmen's compensation act Right
on to prefer local creditor of
alien creditor, resting on discr
validity of release given in foreign state
44:987 entertain suits between foreigne
Enforcement of foreign patent: action for 21:537
I9:295 Right to sue for death by wrongful act of
Enforcement of maritime liens 32:574 ancillary administrator appointed solely
for purpose of bringing suit in a particu-
Enforcement of statutory action in foreign
jurisdiction 3:116-125; 8:426; II:53, lar jurisdiction 23:554, 564
476; I6:63; I8:64 Rules regarding recovery in the United
Enforcing in another state statutory States for death on vessel on high seas
right conditioned by state of creation on 22:407-417
commencement of action in the jurisdic-State police power over vessels within
tion as denying " full faith and credit" three-mile limit 21:357
unless condition fulfilled 22:535 Statute giving personal representative r
Extra-state application of Workmen's to sue for death by wrongful act
Compensation Acts 37:375, 396; 31:1161, 1164
46:29I-298; 50:1I7I-I175 Statute imposing tort liability on ab
- effect of previous award 50:1174-1175 party for injury resulting remotely f
Extraterritorial application of statute act outside state 47:349
making lessor of automobile liable for Suit between foreigners on foreign tort
damage caused by operation 42:433 19:618
Failure of carrier to deliver goods at des- Survival of tort claim 47:129
tination on account of loss in transit, What law governs the extinguishment of
constituting a tort at place of delivery tort claim by marriage of the parties
2I:539 44:II38
Whether statute conferring jurisdiction
Foreign statute giving personal representa-
tive right to sue for death by wrongfulover torts to foreign realty is retroactive
act 31:1161, 1164 29:875
Wife's action against
Maritime personal injury husband barred at
44:223-258
forum although
Ownership as determining what validlaw
at situs 50:351
gov-
Workmen's
erns on a ship on the high compensation
seas 45:582act of another
state as
Recognition in admiralty ofbarring application of
foreign lex loci
rights
accruing under laws different from 48:620-625 those
of forum 21:8; 27:82 Administration of estates
Recognition of foreign-acquired right of
Administration of ac-
intangibles in view of
tion for death on high seas;First
notNat.
against
Bank v. Maine 48:911-953

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258 CONFLICT OF LAWS
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume

Conflicting federal and state jurisdictions


Situs of claim on life insurance policies for
in equity receiverships 41:70-74 purpose of granting administration
Decedent's estates- Developments, I935- 39:807-808
1936 50:1182-1187 Situs of property for purpose of adminis-
-appointment of administrator
tration 39:797-801
and pro-
bate 50:i183-II84 State control of property
-collection of chattels and claims ceiver's hands, when a st
50:1186-1187 jurisdiction of a different
-proof and payment of claims ing the same property 21:279
50:II84-1i85 Suits against foreign administrators
- suits by and against administrators 39:818-820
50:185-1186 Suits against foreign executors 29:442
- transfer of balance 50:1187
Disposal of surplus by foreign administra-
tor 36:608, 617 Insolvency and bankruptcy
American assets of nationalized Russian
Domiciliary representative as universal
cessor 49:348-349 corporations 45:1407-1411
Effect of probate on Ancillary receiverships land
foreign I8:519-526;34:55
Federal practice respecting foreign19:543
receiv-
erships 43:805-809 Appointment of a receiver for a foreign
Inclusion of foreign realty corporation 45:1406-1407
in determining
statutory allotment to Discharge by state
surviving court: effect on
spouse
43:1153 corporation 12:434
Discharge in insolvency: i
Jurisdiction to administer property brought
into the state after owner's death residents 6:349-364; 31:913-915
39:799-801 Extraterritorial effect of barring order of
Jurisdiction to administer property tem- receivership court 39:1078
porarily within the state 39:799 Extraterritorial powers of receivers
Mortgage sale by foreign administrator 45:429-465
9:I58
Foreign assignments: application of
trines of conflict of laws i:259-263;
Payment to foreign administrator 15:412;
37:264; 39:813-814; 42:597-609 7:281-299; 13:484-489
Power of domiciliary administrator to take -validity against attaching creditor
7:432
possession of foreign assets 39:810-814
- validity against citizen of third state
Power of foreign administrator to sue
7:50
39:808-809
Foreign decree: effect in transferring prop-
Receivers- developments, 1935-1936
50: 187-1190
erty of debtor i:259-263; 7:281-299;
13:484-489
- administration relating to land 50:1189
- appointment of receiver 50: i88 Foreign insolvency law: effect in passing
- collection of chattels and claims title to assignee 7:432
Foreign voluntary assignments 17:287
5o:II88-r189
Injunction to restrain action on foreign at-
-suits by and against 50: Ir89-1190
Relation of different representatives of the
tachment 5:214-217
Jurisdiction to liquidate th
same deceased I9:627; 23:565
foreign corporation on a sto
Right of assignee of foreign administrator
44:437-442
to sue on note or simple contract debt
39:814-816 Primary and ancillary receiverships in th
federal courts 47:682-688
Right of domiciliary administrator to main-
tain in courts of domicil trover for con- Prohibition of bankruptcy court
tachment abroad 5:211-221
version of chattel in foreign state 40:317
Receivers - jurisdiction, exceptio
Rights of foreign " statutory successor" of
eral rule 45:435-465
dissolved corporation 48:835-843
Situs of bonds and promissory notes for -general rule 45:431-435
purpose of granting administration State law: whether governing a
39:802-805 of claim in bankruptcy court 18:465;
37:II44
Situs of choses in action for purpose of
Validity of attachment made abroad by
granting administration 11:97-102; creditors of insolvent debtor 5:211-221
31:908-909; 39:801-802
- certificate of deposit 33:20-21
-judgment debts 20:326 Judgments
-stock in corporation 25:719, 739; Adjudication in court of belligerent nation
27:383; 39:805-807 over prize in neutral port 46:614-616
Situs of claim for wrongful death for pur- Application of lis pendens to foreign sale
pose of granting administration 39:802 47:1028-1029

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CONFLICT OF LAWS -CONSPIRACY 259
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in
CASES. The figure in front of the colon refers in each instance to the volume.

CONSIDERATION
Argentine judgment enjoining payment of
See Accord
bill of exchange obtained by fraud no and Satisfaction, Bills a
defense to action in New York 33:256
Notes, Contracts, Deeds, Fraudulent
Conveyances, History of Law (Con-
Citizenship as ground for personal jurisdic-
tion 27:464, 483 tracts), Illegal Contracts, Specific Per-
Comity in international law 28:589-590 formance, Trusts.
Decree of sovereign assuming to confiscate
a debt 35:960 CONSPIRACY
Developments, 1935-1936 See also Criminal Law,50:1143-
Labor Law, Re-
- enforcement 50:1148-1150 straint of Trade, Torts, Unfair Com-
- recognition 50: 143-1148 petition.
Distinction between judgment rendered
through mistake and one on cause of In general
action not enforceable in the forum Difficulty of adequate definition 8:228
35:468 History of writ of conspiracy 35:353
Effect at situs of foreign decree awarding Nature of the crime: current views
alimony out of lands 33:423-425 37:r122
Civil liability
Effect at situs of foreign decree for the
performance of a contract to conveyComparison of principles underlying civil
land 21:210 and criminal conspiracy 35:428-427
Effect of subsequent Conspiracy to do acts lawful when done by
adjudi
in foreign court individual 6:156; upon7:I8I, 500; 8:228;capa
court where previously ii:457-459; I5:223, 402; i6:243 adj
33:612 Necessity of intent to injure plaintiff
Enforcement in equity of a
21:546
mony in a sister state 41:798 Criminal liability
Judgment rendered on cause of action notApplicability of federal statute to con-
enforceable in the forum 35:468 spiracy to perform non-criminal acts
Nonresident stockholders: whether bound 42:574
by judgment against corporation Buyer's ordering delivery of liquor as con-
14:384 spiracy to transport 43:317
Property and obligations of singly and Combination of theatre managers to ex-
multiply incorporated associations clude a critic 21:144
42:542-547 Combinations in restraint of tra
Rate of interest to be allowed 34:553 23:531-548
Simultaneous judgments by state and fed- Comparison of principles unde
eral courts I6:372 and criminal conspiracy 35
Stay by federal court Conspiracy
of suit brought
between in
a corpora
contravention of agreement
agentto arbitrate
50:648
elsewhere 48: 12 Conspiracy to co
Validity of decrees in plurality
admiralty of actorsresting
20:62, 68 on
jurisdiction to apply the maritime
Conspiracy to violate Mannlaw of
Act - liability
the forum independently of womanof the control
transported 46:520
of person or res 2I:15-22 Constitutionality of requiring defendant to
prove lack of scienter upon proof of co-
CONFUSION OF GOODS defendant's alienage 48:104-106
See also Accession. Contract to indemnify bail 23:560, 565
Analogy between confusion of goods and Criminal conspiracy as a federal offense
of accounts 18:64 35:425
Fraudulent interminglingDamage to person change
without in his calling 20:68
of value I4:157 Damage to state as basis for extending doc-
Tenancy in common:trine of criminal conspiracy
whether created by
confusion 12:348 35:418-420
Effect of acquittal, of all but one defendant
I6:142
CONSENT
Effect of granting new trial to one de-
See also Assault and Battery, Conflict fendant
of 25:288
Laws, Criminal Law, Evidence, Larceny,
Evidence of overt acts n
Physicians and Surgeons, Rape. of period of limitat
Abortion, inducing plaintiff to submit Labor
to unions 50:1078
9:550 Lack of predicability in law of
Libel and slander: publication induced by conspiracy 35:412-418
plaintiff Io:xI8; 14:225 Legal analysis of doctrine that com
Recovery against saloon keeper under civil
to commit a non-criminal act is
damage laws a7:279 35:409-411

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260 CONSPIRACY - CONSTITUTIONAL LAW
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in pla
CASES. The figure in front of the colon refers in each instance to the volume.

Of corporation 20:321, 328 Legislative powers: war


Officers of corporation II:I27 Delegation of powers
Origin and historical developmentDue of process
the of law
crime of conspiracy 35:394-429 See Due Process of Law
Overt acts: effect on the Statute of Limi- Equal protection of the laws
tations 37: r24 Ex post facto and retroactive laws
-general significance 37:1121 See also Income Taxes, Inheritance Taxes,
Participation of public officials: whether
Taxationa
defense 29: 00 Freedom of speech
Relation of criminal conspiracy
Full faith and credit to la
attempts 35:399 See also Judgments
Specific intent as element Impairment of of the
the obligation
crime of con-
38:96, IIo tracts
State of authorities as need of criminal Privileges and immunities of citizens
means or ends to constitute a criminal Searches and seizures
conspiracy 35:420-425 Trial by jury
Trial allowed where overt act committed Personal rights: civil
26:83 Personal rights: political
Trial where overt act is committed Personal rights: religious
37:1123 Vested rights
Whether concert between defendant and See also Due Process of Law
government agent constitutes conspiracy
45:38I See also Administrative Law, Admiralty,
CONSTITUTIONAL LAW Aliens, Attorney-General, Bankruptcy,
In general Banks and Banking, Bible, Carriers, Chi-
Nature of constitutions nese Exclusion Acts, Civil Service, Con-
Constitutions of other countries tempt, Copyrights, Corporations, Crimi-
Adoption and amendment of constitu- nal Law (Former jeopardy), Customs
tions Duties, Elections, Eminent Domain, Em-
Operation and enforcement of constitu- ployers' Liability Acts, Extradition, For-
tions eign Corporations, Habeas Corpus, His-
Construction of constitutions: in general tory of Law, Impeachment, Income
Construction of constitutions: particu- Taxes, Inheritance Taxes, Indians, Indict-
lar provisions ment and Information, Initiative and
Relations between state and federal gov- Referendum, Insurance, Judges, Legisla-
ernments tion, Mechanic's Liens, Post-office, Pre-
Relations between states sumptions, Public Utilities, Railroads, Re-
Separation of powers straint of Trade, States, Statutes, War,
Witnesses.
Executive powers
Treaties and foreign relations
Judicial powers: in general In general
See also Federal Courts American constitutional development
Judicial powers: administrative tribu- 48:879-882
nals American legislative methods in period be-
See also Administrative Law fore 1825 3I:903
Legislative powers: in general Attitude of Mr. Justi
Legislative powers: admiralty constitutional questions 29:685-688;
See Admiralty 36:919-932
Legislative powers: appropriations Declaration of Independence: bibliography
Legislative powers: banking 36:631-632
Legislative powers: bankruptcy Government of English settlements in
See Bankruptcy America 14:134-138
Legislative powers: commerce Growing importance of con
See Interstate Commerce sues and decisions 29:683685
Legislative powers: investigations Growth and decadence of parliamenta
Legislative powers: local self-govern- form of government 13:67-79
ment List of opinions of Mr. Justice Holmes
See also Municipal Corporations 44:799-802, 820-827
Legislative powers: money Mr. Justice Brandeis and the Constitution
Legislative powers: police power 45:33-105
See Due Process of Law Mr. Justice Brandeis and the economics of
Legislative powers: taxation free competition 47:I65-170
See also Income Taxes, Inheritance Taxes, Mr. Justice Holmes and the Constitution
Taxation -a review of his twenty-five years on
Legislative powers: territories the Supreme Court 41:121-173

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CONSTITUTIONAL LAW 2 6
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to

-table of constitutionalComparison opinions written


between judicial review in
by Mr. Justice Holmes,Canada and in United States 28:582-588
I903-I927
4: 165-173 Constitutional interpretation in Australia,
Modified and overruled decisions of the Canada and the United States compared
Supreme Court 46:361-403, 593-637, 30:615-618
795-811 Constitutionality of Canadian provincial
Opinions of Mr. Justice Brandeis statutes: how determined 8:497
45:33-105 Construction of the Australian Constitution
Public policy in the English common law Act by reference to American authorities
42:76-102 30:601-607
Representative government as permanent Development of constitutional government
force 13:256-263 under the Constitution Act of the Com-
Some unsettled questions monwealthin of our
Australiaconstitu-
30:595-618
tional law 36:I046-1048 Enforcement of the Australian Constitu-
Unwritten constitutions in thetion United
Act: by States
Australian state courts
15:531-540; I9:547 30:611-615
Nature of constitutions -by the High Court of Australia
Amendment of the Covenant of the League 30:600-611
of Nations: analogies to the United States- whether the privy council has authority
Constitution 38:905, 911,914-920 30:605-608
Constitution a limitation of sovereign pow-
English government in war time 3 :499
ers 2:85-86 English War Cabinet (I916-I9) as a consti-
"Higher law" backgrou
tutional experiment 30:781-792
constitutional law
Features of the Australian 42:14
Constitution Act
Liberty under the Const
30:597-600
36:235-236
French constitutional law 31:498
Matter appropriate
French government in war time for 31:499 t
33:225-229
German constitutional law in its relation to
Nature and theory
the American constitutionof 23:273-290th
13:442-447; 29:469-
Government of the British Empire 32:442
Nature of constitutional
Historic basis of diversity of citizenship
13:442447
jurisdiction 41:483-510
Nature of written
Imperial character of asParliamendi
unwritten constitutions 15:53-538 Irish constitution 43:1316-1323
Origin and scope of American doctrine of Judicial review of legislation in Canada
constitutional law 7:129-156 28:565-588, 570-574
Origin of the Constitution of the -inUnited
England 40:30-70
States 2:382 Power of Australian judiciar
Peculiar content of constitutional law utes unconstitutional 30
41:121-123 Power of English court to de
People considered as sovereign 14:362-367 Parliament unconstitutiona
Relation of constitutional law and eco- Power of Victoria to tax Aus
nomics 49:363-364 20:494
Relative merits of written and
Review unwritten
of Canadian legislation by Judicial
constitutions 2:341-357 Committee of English Privy Council
The state as a public service corporation 28:574-577
36:895 Salient differences between Canadian and
States considered as sovereigns 14:360-362
United States constitutions 28:568-569
State's power to compel acts inconstitutionality
Tests of another 7:129-156
state by consent implied through enter-
Veto power in Canadian legislation
ing the Union 21:354, 365 28:578-579
State's power to forbid water from streams
to be carried outside state in pipes Adoption and amendment of constitutions
2I:627 Adoption and effect of Sixteenth Amend-
Unscientific nature of constitutions
ment 33:796-798
48:185-186 Amending the Constituti
Constitutions of other countries tion by states and not
Applicability of British statute to domin- Government 33:659-666
ion's administration of mandated terri- Amendments and ordinary legislation
tory 43:322 33:229-235
Australian constitution: exemption
Congressional proposals of amendm
eral agencies from state control
whether subject to President's veto
I8:559-571
45:361
Canadian constitutional law 32:582;
Constitutional convention: restriction by
37:I65 legislature 29:528, 550

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262 CONSTITUTIONAL LAW
References in heavy-faced type are to LEADING ARTICLES; in italic
CASES. The figure in front of the colon refers in each instance to the v

Effect of acquiescence on irregularly Effect of court's declaring a statute un


adopted state constitutional amendment stitutional 39:373
5:593, 615 Effect of overruled and
Effect of Eighteenth Amendment on prior on intervening transac
existing state legislation 34:317, 328 47: 403-1413
Eighteenth Amendment a valid exercise of Effect of removal of constitutional restric-
amending power 33:664-666 tions on unconstitutional statute
Finality of certification of ratification by 28:233-234; 39:374, 387, 769
state and proclamation by Secretary Electionof
of United States senators
State 47:130 24:50, 60
How the Constitution Estoppel to contest themay be
constitutionality of
23:170-176 a statute 48:988-995
Lapse of time no Judicialbarprocess to question in consti
of Fifteenth Amendment 50:21-25
23:189-191 Lack of quick and effect
Limitations upon the amending power enforcement 42:142
33:223-235 Liability of surety on bon
Necessity of deliberative convention to suance of unconstitutional statute
ratify amendment of Federal Constitu- 43:494
tion 47: I30 Means of testing validity of PWA loan fo
Need of amending municipally owned utility 48:89-92
Federal Co
proposed amendments 50:858 Necessity of disregarding previous uncon-
Origin and history of Fifth Amendment stitutionality of a statute when constitu-
36:300-302 tional bar is removed 39:769
Power of amendment unlimited Preferred shareholder's suit to enjoin co
33:799-804 tract with allegedly unconstitutional
Proposal of Judiciary Constitutional Con- TVA 49:I005
vention of I92I to vest judicial power inPublic officers; l
New York exclusively in the courts void statutes 12:352; I3:407
35:794 Public officers' right to question con
Proposed constitutional amendment that alltionality of a statute in mandamus
taxation be uniform and none appor- ceedings 42:1071-1074
tioned 20:296 Right of taxpayer to questio
Proposed income tax amendment to the appropriation 49:828
constitution 23:49 Separability of unconstitution
Ratification, whether a legislative function 50:308-309
45:356 State's right to injunction against individ-
Recent state constitutions: Kentucky, Mis- ual for nuisance committed in another
sissippi, Wyoming, Idaho 6:53-72, state 21:132, 144
109-124 Statute made uncons
State referendum and federal amendments of circumstances 41:96
33:287, 312 Statute unconstitutional in par
Submission to the people: whether neces- 20:495; 37:855
sary 6:206; 9:47I Statute valid in its inception can later be
Validity of amendments held confiscatory
not because of altered price
subject to ju
cial review 33:661-66 level 34:85
Suits against s
Validity of the Fifteenth Amendment
of Eleventh and Fourteenth Amendments
23:169-193
Whether the Fifteenth Amendment is void 50:96o-963
Trial by combat and the New Deal: em-
as depriving certain states of their right
of equal suffrage in the Senate phasis on issues in contested cases as
23:169-193 barrier to effective participation by
courts in governmental regulation
Operation and enforcement of constitutions 47:913-947
Advantage of confining each controversy toWho may test the constitutionality of a
its own special facts 50:540 statute in the Supreme Court
American Senate 40:792-794 47:677-682
Congressional reapportionment
42:1015-1047 Construction of constitutions: in general
-political and constitutional aspects Basic myth of constitutional jurisprudence
42:1039-1044 47:631
Constitutionality of the League of Nations Constitution as an unchanging document
33:13I 29:469-471
Constitutionality of statute questioned Development
for of technique of constitutional
first time on appeal 13:690 construction 36:652-654

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CONSTITUTIONAL LAW 263
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume.

Economic emergency as modifying " Liberty" defined 39:431-465


consti-
tutional safeguards of property " Person" in Fourteenth Amendment
46:772-775 construed to include corporations
Effect of emergency upon congressional 10:524
power 49:214-219 Persons: does it include corporations and
Effect of emergency ideas upon 33:358-375
constitutional
limitations 47:663-664, 666-668 " Public purpose " con
Emergency as ground for upholding mora-
" Republican form of g
tory legislation 46:1072-1074 ing of, as used in Uni
Expediency as a rule of construction tion 24: 41, 152
14:207-211 South Carolina const
Intention of framers as rule of construc- ? II 43:49I
tion 14:202-207 Specific and
Judicial interpretation of constitutiona
stitution 41:123-126
provisions 37:783 "United States ": meaning a
Mr. Justice Holmes and the Constitution stitution 12:365-392, 494
- application of the general to the par-
ticular 41:157-161 Relations between State and Federal Gov-
Natural law in constitutional ernment interpretation
46:868 Centralizing effects of Civil War and Four-
Necessity for statecraft teenthinAmendment
interpreting 9:309-323 the
Constitution 4I:126-134 Conflict between state and federal polic
Preamble as indicative of intended power as to scope
sale ofofliquor on Indian lan
commerce clause 47:1342-1343 owned by Federal Government as truste
Preamble as source of congressional power 22:456
47:87 Division of sovereignty between state an
Relation between courts and public in con- federal governments 38:849-850
stitutional interpretation i:234-238 Exemption of federal agencies from state
Rules of construction: general discussion control I7:57, 33
14:202-216, 273-285 Expulsion by state leg
Statute making it the duty of city clerk corporation which resorts to federal
to examine petition for special election as courts 35:88i
being of non-uniform operation 43:665 Federal and state c
43:345-
Construction of constitutions: particular Federal and state
provisions tween state and
Application of first eight amendments to to sale of liquor
states 39:433-436 by Federal Gover
Commerce " among the several states ": ju- 22:456
dicial construction of-28:34-81, denying 294-298 to fore
" Commerce ", meaning of, in commerce
to federal police power 20:658
clause 24:230, 241 --Federal Employer's Liability Act of
"Cruel and unusual punishments"
I9o8 25:548, con- 565
strued 24:54 - federal police power 20:658
Fourteenth Amendment: judicial
- power of states over con
federal corporation
tion of, in general 26:1-41 23:458-459
- definition of " liberty " 26:9-13 --state quarantine laws under United
- definition of "property" 26:13-18 States Constitution 2:267-282,293-315
- person" construed to include corpora- -state regulation of salesmen of foreign
tion 26:9 brewers 20:577
-what is "action by states" 26:2-6 Federal courts and state
- what is "equal protection of the laws" lic utilities 43:379-425
26:29-41 Federal disposition of state water
General welfare clause as source of congres- ority states 28:270-293
sional power 47:87 Federal injunctions against stat
"General welfare ", meaning of 47:798-799
36:548-583
Federal mail truck drivers n
"Infamous crimes " construed 36:299-320
state chauffeurs' license t
Infamous punishment as construedFederal in fed- of eminent doma
power
eral and state courts
property devoted to a publ
36:307-314, 317-320 44:305
Interpretation of constitutional limitation Federal power over lands of United States
of state indebtedness 43:491 within a state 32:72I, 730
"Legislature ", meaning of, in Federal Con-Federal tax as interfering with state po
stitution 24:220, 236; 30:I84; 33:287,312 power 49:650

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264 CONSTITUTIONAL LAW

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and


CASES. The figure in front of the colon refers in each instance to the volume.

Intercolonial rights, an early decision


Admission to bar: legislat
i8:483-494 with control of courts 13:233-255
Judicial function in apportioning federalApplication of the doctrine in practice
and state powers 39:233-234 37:1014-1016
Liability of bank, converted from Apportionment
a state of state for elections a po-
to a national bank, under state guaranty litical question 8:232
fund act 43:3I3 Attitude of judiciary to sepa
Perpetuation of substantial in statutessphere 40:626-630 of sta
autonomy as criterion Basis of the of scope
doctrine of fed
37:1012-1016
eral power 49:205-213 Commission form of government: whether
Power of a state to enjoin unconstitutionalduties legislative, administrative, or ju-
legislation of another state dicial
37:893, 25:704-716
912
Power of a state to subject federal Congressional
agencies attachme
to state police regulations 34:434 mittee witness 41:917
Powers of regulation vested in Congress Congressional attachment of w
24:77-104 out preliminary subpoena 43:137
Relations between states and nation: Mr. Constitutionality of declaratory and ex-
Justice Holmes' interpretations of the pository statutes Io: 24
commerce clause 29:688-690 Constitutionality of indeterminate
Relative merits of written and unwritten acts 24:236
constitutions 2:341-357 Constitutionali
State determination of state law and the to appoint ex
Judicial Code 4I:623-642 Contempt pro
State discrimination against causes tive bodies 37:747
of action
arising under federal law inControl sister states of federal judici
48:125 courts or for legislature 38:2-4
State jurisdiction over federal lands Control of judicial procedure: for the
31:II64 courts or for the legislature 34:424, 434
State law of evidence in the federal courts Criticism of the doctrine as set forth by
43:554-585 Montesquieu 29:592-595
State police power not exercisable when an Curative legislation after judicial
unreasonable burden on federal taxing nation 25:882
power 23:465, 487 Decisions of rate commissions: whether
State sovereignty: how far or
legislative consistent
judicial 38:146-152with
Federal Government 14:356-371 Declaratory statutes as invasion of judicial
State's power to forbid internal improve- province 49:137-141
ments by the United States 36:553-583 Difficulty of determining w
States' rights in interstate river: what lawticular function is judicial,
governs 21: 132, 144 executive 39:226,239
State's right to a sovereign existence
Doctrine in American form o
33:225-229 26:744, 753
Tenth Amendment as Effect
independent
on other criterion
branches of g
of congressional power 49:8-9, 828 constitutional decision i:233, n. i
Theory of delegated and reserved powers Enjoining. Senate committee from using il-
as applied to state governments legally acquired information 50:354
33:403404 Enrollment of statute on record as conclu-
Theory of national government in the sive proof of its passage 38:314-315
United States 9:309-323 Federal departmental regulations involving
criminal responsibility 35:952
Relations between states
Immunity of executives of United States
from injunction 37:353
Fostering harbor development by means of
Immunity of governor from arre
interstate compacts 39:499
35:185, 203
Interstate compacts as a means of settling
Immunity of President and his agents from
disputes between states 35:322; 39:1087
Validity of interstate agreement to injunction
allow 47:138
Impossibility of enforcin
one state to condemn property in an-
other state 21:30-31 organization of special administrative
bodies 30:436-447
Virginia v. West Virginia 3I:236-245
Judicial action by pr
Massachusetts I5:208-218
Separation of powers Judicial councils 42:817-819
Administrative appointment of judicial of- Judicial enforcement of provisions re
ficers 26:744, 753 ing constitutional amendments to be
Administrative determination of private
tered in the journals of the houses of
rights 35:450, 470 legislature 39:234-237

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CONSTITUTIONAL LAW 265
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in pl
CASES. The figure in front of the colon refers in each instance to the volume.

Judicial power of legislature 8:406-408within the meaning of A


Legislative interference with power toUnited
pun-States Constitution - effect of the
ish for contempt 13:615-626 doctrine of separation of powers
Legislative provision for jury trial of con- 41:235-236
tempts 36:II02-IOI6 Executive powers
Legislative regulation of admission
Approval to the
of bill after adjournment of Con
bar and disbarment 36:1013 gress 8: 14
Legislative regulation of contempts Congressiona
36:1014-Io01 power of removal 49:330
Legislative regulation of judicial procedure Congressional proposals of amend
36: 103-10r6 whether subject to President's ve
Nature of the distinction between legislative 45:36i
and judicial powers in ratemaking Control of intrastate railroad rates during
37:366, 382 federal control under the war power
Opinions of Mr. Justice Brandeis 45:97 32:300-314
Population of counties a legislative question Determination of citizenship of Chinaman:
I5:3I6 whether judicial or executive functions
Power of administrative board to declare a I9:60
statute unconstitutional 30:386, 394 Effect of partial veto 37:382
Power of appointment to public office under Federal departmental regulation involvin
the Federal Constitution 42:426-431 criminal responsibility 35:952
Power of Congress to " remand " a case to
Finality of decisions of draft boards cre-
the Court of Claims 46:114-117 ated under Selective Service Act 32:433
Power of legislature to declare previously
Functions of President under the Constitu-
convicted persons competent witnesses tion 36:52
42:957 Governmental
Power of legislature to prohibit use of di- the canal zon
rected verdict 37:510 authority giv
Power of legislature to provide jury trial in 21:547
disbarment cases 45:737 Imposition of penalty by assessor I8:540
Power of legislature to reduce terms of Judicial powers of the executive 20:116,
judges in office 50:833 118, 123-125
Power of legislature to regulateLegality
pardons of visit of President Wilson to
38:393 Paris 36:51
Power of legislature to vest in jury Martial
power law: tri
to interpret statutes 46:1107-1108 court 34:659, 673
Power of NRA code authorities to compel- necessity 26:636, 655
testimony 47:98-0oo Martial law in absence of military
Power to compel testimony in general court 35:338
investigations 42:106-107 Nature of functions of the President 36:54
Power to regulate punishment for contempt
Nature of rules made by President under
of court created by Constitution 26:265
Civil Service Act II:335
Reduction of salaries of judges of courts of
Necessity of finding of fact by Presi
District of Columbia and Court of exercise of delegated legislative po
Claims 47:133 48:804-806
Reduction of sentence by
Pardoning appellate
power-commutation court
of sen-
as exercise of pardoning
tence power41:98 I7:279
- delegation
Status of foreign territory: 41:399
whether a legis-
lative or a judicial question
- pardon 16:134
with conditional sen
Status of the Court ing
of beyond
Claims- congres-
term of origina
sional review of its executive
decisions 46:677-687
usurpation of judici
Statute making entry of final divorce 22:541 de-
cree mandatory on motion of guilty party
- power of legislature to declare previously
as a legislative encroachment on judicial
convicted persons competent witnesses
power to regulate procedure 43:832
42:957
Statutes establishing-power
referendum: whether
to pardon for contempt
constitutional 7:485; 8:117; I6:218;
13:620-625; I6:291
24:14I, I52 - power to reduce sentence: whether part
Suspension of sentence as exercise ofof
thepardoning power 17:279
pardoning power 30:369, 396 - regulation by legislature 38:393
Theory and practice 35:787-796 Place of exercise of powers of President:
Validity of ratification of federal amend- discretion of President 36:60
ment: is it a judicial or a political ques- -effect of article establishing a seat of
tion 33:287, 32 government 36:57
What constitutes a case Power or ofcontroversy
appointment to

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266 CONSTITUTIONAL LAW
References in heavy-faced type are to LEADING ARTICLES; in ita
CASES. The figure in front of the colon refers in each instance to the

der the Federal Constitution - powers of the President 36:63


- regulating ownership of land in states
42:426-431
Power of military commission to sentence 33:285
civilian citizen 36: 06 - under the Federal Constitution 33: 30
Power of President to pardon criminal con-
tempts of court 38:685 Judicial powers: in general
Power to declare bank holiday 46:1066 See also Federal Courts.
Power to remove Federal Trade Commis-
Adjustment of conflicting easements a ju-
sioner 49:105-107 dicial question 17:570
Powers of President and AdvisorySecretary
opinions: appeals of32:80the
Treasury under the - Gold effect ofHoarding
37:973-975, 1002-1009Act
47:480, 487-488 -obligation of courts to render 3:228;
President and federal administration 4:37; Io:50; 26:655; 34:673
49:359-360 Attack on zoning ordinance previous to its
Presidential Succession Act of I886 actual or threatened enforcement
i8:182-195 37:855-856
President's control over territories under Basis of court's refusal to interfere with
war power 12:310-313 political questions 39:221-244
President's functions in approving and
Bonham's Case andve-
judicial review
toing legislation: effect in requiring Presi- 40:30-70
dent to stay at seat of government
Collateral attack on constitutionality of a
36:68 io:60; II:266
President's power as commander-in-chief Constitution and the courts 26:507-530
permitting him to leave seat of govern- Constitutionality of appellate court with
ment 36:66 final jurisdiction 25:I87
President's power
Constitutionality to end
of a statute re
39:1030, 1033 court on appeal to make the ord
Relation of the executive power to legisla- Commission should have made
tion 33:332 37:366, 382
War powers of the President 36:55 Constitutionality of the United States Ar-
bitration Act 45:925
Treaties and foreign relations Control by Congress of juris
Control of foreign relations under the Con- 42:775, 779
stitution 36:50r Control of executive officers and members
Determination of diplomatic of the legislature by mandamus 23:633,
status 42:582
Executive: sole organ of intercourse 645; 33:462, 478with
foreign powers 36:63 Court of Claims and courts of District of
Foreign relations not a judicial Columbia
question 47: 33
37:347-352 Deciding constitutiona
Interpretation of treaties: whether sarily 49:12-17, 98-107, 176-202
a legis-
lative or a judicial question i6:134 Declaratory judgments in federal courts
Judiciary must look to executive depart- 50:1057-1058
ment to determine whether there is a for- Denial of right of judiciary to pass on va-
eign government 38:819 lidity of amendments to the Constitution
Limitation on judiciary in giving effect to 33:659-666
acts and laws of unrecognized Determination
foreign of existence of state of war
government 38:8i9 33:585, 6o08
Mr. Justice Holmes Determination and the Constitution
of immunity to be given to
- treaties 41:135 diplomatic status 42:582
Position of President Determinationin of "reasonableness"
regard as ato fo
relations 36:500 judicial question exclusively for the
Power of Congress to courtsrepeal treaties
40:1023
36:502 Disbarment: remov
Preservation of neutrality ment by internmen
41:99
27:485 Disqualificatio
President's control of over bias 41:78-82
foreign affairs
declaration of embargo 50:691 Distinguished from t
Recognition of foreign governments ministrative tribunal 36:583-586
38:819 Early Massachusetts instances of laws
Reservations to treaties: their effect and the clared unconstitutional 7:415-420
procedure in regard thereto 33:874 Effect of constitutional decision on other
Treaty-making power: in general 33:130 branches of government i:223, n. I
- implied powers thereunder 33:287 Effect of removal of constitutional restric-
- is it subject to constitutional limitationstions on unconstitutional statute
33:281, 312 39:374, 387, 769

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CONSTITUTIONAL LAW 267
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Election officials: enjoining of illegally ercise of federal


elected officials from acting 20:157 49:90-107
Enforcement of state arbitration laws in Martial law: necessity 26:636, 655
federal courts 42:801-805 May motive of legislature in passing tax
Enjoining collection of federal taxes statute be inquired into 36:217
50:233-235Motive of legislature in passing tax statute
Enjoining collection of penalties may not beal-
under inquired into 35: 859
leged unconstitutional statute 20:238 Motives of municipal assembly cannot be
Enjoining Senate committee from using il- inquired into 37:274
legally acquired information 50:354 Nature of power exercised by
Enjoining state officials from holding un- lative courts 46:677-687
authorized elections 28:309, 327 Necessity for providing for revie
Federal review of state decisions on con- ministrative determinations 38
flict of laws 38:804, 809 Opinions of Mr. Justice Brandeis
Guarantee by constitution of a republican 45:44-50, 78-87
form of government not within Permissive
jurisdic- character of outlines
tion 25:644, 662 diction of federal inferior courts
Injunctions against public officers 38:547, 573-575
- neces-
sity of threats to Police enforce 50:658-66i
power-factors involved 42
Injunctions against unconstitutional Political questions: duration of state action
of
50:231-248 war 39:1020, 1035
Power
Inquiry into motive of of court
Congress to compe
in adopting
by mandamus 40:137
a statute within its constitutional power
23:441-455
Power of court to declare statutes uncon-
Inquiry into rules ofstitutional
legislative7:129-156; 9:277, 425;
procedure
to determine constitutionality of statute
27:45-67, 300-303; 33:127
24:49, Power
60 of court to determine change in
Judicial control over government legislatures as to
which affects existence of con-
stitutional question 33:127 court 38:302-309
Judicial determination of cessation of Power of court to enj
emergency justifying power of alien prop- legislation as distingui
erty custodian 39:225 enjoin enforcement 37:893, 912
Judicial determination of questions of to
Power of court fact
invalidate statute because
affecting constitutionality of legislative
of improper formalities in passage
action 38:6-27 37:356
"Judicial power" exercised
Power of court to make an affirmative or- by C
Claims and courts of the
der valuing District
property of a public of Co
bia 47:133 utility 37:366, 382
Judicial power to of
Power alter
court tocrimin
review div
44:968-969 into counties 37:358
Judicial process in constitutional cases Power of court to review munic
50:21-25 into wards 37:358
Judicial review of conduct of independent Power of Supreme Court o
nation 39:229, 230 troversies between state
Judicial review of executive action
Power to by man-redistrictin
compel
damus 37:354; 38:312-313; 37:777
39:224-225 Power to compel testimony in general court
Judicial review of legislation and Sir Ed-
investigations 42:104-108
ward Coke 40:30-70 Power to declare laws unconstitutional
Judicial review of legislation in America
weakest part of the American constitu
prior to the adoption of state tionaland federal
system 47: I68-169
constitutions 40:61-68 Power to declare legislative acts uncon
Judicial review of use of journal of Con-
tutional 45:1271-1273
gress to impeach the enrollment Power to declare unconstitutional i
39:230-231 tion levied for regulation, not rev
Jurisdiction of the courts over controver- 2I:455; 35:859
sies involving political questions Power to determine constitutionality of
22:132, 142 statutes providing for direct election of
Legal consequences of failure by CongressUnited States senators 24:50, 60
to reapportion 42:1017-1020 Power to determine whether an appropria-
Legislature's power to prevent referendum
tion is for general welfare 50:810-813
by declaring act within emergency Power to ex-
review political matters 33:585
ception: whether subject to judicial re- of facts underlying the con-
Presentation
view 29:91 stitutionality of statutes 49:631-639
Limitations upon the
Procedural aspects ofassumption
litigation under Pub-

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268 CONSTITUTIONAL LAW

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in


CASES. The figure in front of the colon refers in each instance to the volume.

lic Utility Holding Company Act


Determination of Chinaman's citizenship by
50:655-662 secretary of commerce I9:60
Recount and re-canvass of ballots Distinction between judicial and admin
21:138, I45, 216 trative functions 49:492-493
Exclusion of aliens 17:488; 18:64;
Refusal of courts to interfere with political
questions 37:338-364; 38:296-333 22:221, 227
Refusal to impose statutory penalty -judicial review when construction of
20:648 statute involved 29:215
Relation to determination of questions suit-
Finality of administrative determ
able for judicial review 39:223-224,226private water rights 38:447-481
Relaxation of the doctrine 36:405-406 Judicial review: independent judicial de-
Relief against non-ministerial acts of termination and trial de novo of " juris-
United States officials 38:312-314 dictional facts" underlying administra-
Resolution by American Federation oftive
La- order 46:478-491
bor against court declaring statutes un-
Judicial review of administr
constitutional 33:127 the federal Supreme Cour
Judicial
Restrictions on the right of review of administr
assembly
42:265-269 immigration proceedings
Right of courts to declare statutes uncon- Necessity under proposed f
stitutional 7:129-156; 9:277, 425 men's compensation law of
Rule-making powers and judicial councils termination of fact of em
42:817-819; 50:1046, 1063-1067 interstate commerce 47:422-424
Scope of judicial review of administrativePower to review action of school board
rate orders 50:78-93 passing rule to exclude members of teach-
Sovereign immunity in suits ers' union from schools
to enjoin en- 29:230
forcement of unconstitutional Power to set aside orders of Interstate
legislation
50:956-963Commerce Commission 4I:38I-384
Statutes prescribing rules Review of orders of Federal
of statutory con- Radio Com-
struction 48:757 mission 49:1339-I340
Statutory tinkering Scope with of judicial
specific review of a
perf
ance 47:1042-1044 orders 46:482-491
Stay of other proceedings pending test
50:655-662Legislative powers: in g
Suability of the state- Ark. Const. art. Abrogation of state pr
5, ? 20 44:474 solvencies as pledging f
Supremacy of the state judiciary in aid of in otherthe U d
States and in Australia 17:1-19 Attitude of Supreme Co
Taxpayers' suits as means of controlling ex-tutionality of legislation 45:301-306
penditure of public funds 50:1276-1284 Bond issue to provide funds for state uni-
Taxpayers' suits to enjoin illegal expendi-versity as not creating state indebtedness
tures 50:231 47:70o
Trial by combat and
Conclusiveness thedeclaration
of legislative New of D
phasis on issues in contested
emergency 47:360 ca
rier to effective participation
Congressional regulation
in governmental mittees regulation
in influencing 4 c
Use of the federal injunction
tial electors 47:527 i
tional litigation 43:426-457 Congressional review of
Usurpation of legislative powers by judi-
Court of Claims 46:677-687
ciary in requiring the purpose ofConstitutional
taxation basis of NIRA 47:87-88
to be public 21:277, 295 Constitutionality of Norris-LaGuardia Act
Validity of maternity act as a political ques- 50: 295-1296
tion 37:359 Constitutionality of old age pension laws
Validity of treaty as a polit
46:o016
39:5o6 Constitutionality of state statute allowing
What are judicial questions
examination of motives behind requisi-
315-333 tion in extradition proceedings 48:688
Whether a state has a republican form ofConstitutionality of the Gold Hoarding Act
government 37:342-347; 39:231-233 47:479-488
Whether court should consider evidence to Constitutionality of TVA as a power de-
determine reasonableness of police regu- velopment program 48:806-815
lations 17:269; 37:856-857 Creation of congressional election district
-whether a legislative power and sub-
Judicial powers: administrative tribunals ject to veto 45:355-364
See also Administrative Law. Denial of priority to state claim
Administrative tribunals 36:409-425 ruptcy 49:1178

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CONSTITUTIONAL LAW 269
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Emergency legislation and time when stat- nary legislative matters b


utes take effect 44:851-855 amending power 33:229-235
Eminent domain for reservation of Power to borrow for unemployment re
Gettys-
burg battlefield 9:536 on ground that incipient insurrection
English housing law 49:432-454 exists 47:360
Power to charter corporations 8:231;
Exclusive power to legislate for the recla-
mation of large tracts of public lands 24:92-98
2I:47, 56 Power to dispose of property of United
Exercise of governmental powers through States as constitutional basis of TVA
corporations 48:782-783, 789 48: 8o, 814
Power to forbid Congressmen to receive
Express exemption of federal instrumentali-
ties from state taxation 49:1329-1332 political contributions from federal
Extraterritorial application of workmen's officials 43: I37
compensation act 48:620-625 Power to forbid use o
Federal Migratory Birds Act 33:281, mony
312 in criminal pr
Federal power over congressional primaries court 38:389
43:I37 Power to pass sta
Federal power to incorporate railway com-scribed by govern
panies and regulate them 30:589-593 46:725
Federal power to own railroads in peace
Power to propose
time 33:775-793 33:659-
Federal protection of migratory
Power birds
to punish c
28:112 48:848
How far may legislatures control judicial
Presentation of fa
procedure 34:424, 434 tionality of stat
Limitations on legislative power constitutionality
otherwise49:634-639
than by the constitution Preventing slayer from acquiring property
21:390-407 as result of crime - constitutional limita-
Limitations upon President's power of re- tions 49:720-721, 728, 733, 736-738
moval 49:330 Recognition of moral obligation as circum-
Power of appointment to public
venting constitutional offic
prohibition of gifts
the Federal Constitution 42:426-431 of public money 42:127
Power of Congress to authorize conversion Repression of interstate crime 50:640
of state corporation into national other- Revenue bill: prohibitory tax attached by
wise than as provided by state law House to Senate bill 29:220
Scope of general welfare clause-Tenth
48:IOI9
Power of Congress to compel testimony Amendment as limitation 50:806-813
before a non-judicial tribunal State as trustee of industrial insurance fund
39:694-724 collected from employers 47:888
Power of Congress to enact incorporationState liquor monopoly as exercise of gov-
laws and to regulate corporations ernmental or proprietary function
26:667-683 47:321-325
Power of Congress to exempt proceeds ofTheory of the police power--relation to
war risk insurance and compensation in- power of eminent domain 49:887-902
surance in hands of veteran from claims Validity of statute effective on passage of
of creditors 49:847 constitutional amendment 26:549
Validity under
Power of Congress to extend patenthome rule
pro- guarantees of
tection to ideas 47:1427-1428 state supervision of finances of defaulting
Power of Congress to punish crime aboard
political subdivisions 46:1320-1325
American vessel in foreign port
46:I338
Power of Congress to remit to states mat- Legislative powers: admiralty
See Admiralty.
ters previously subjected to federal regu-
lation 47:414417
Power of legislatureLegislative powers: appropriations
to authorize pollution
of fisheries 46: 65 Constitutionality of indefinite appropria-
Power of United States to condemn land tions 38:250
for housing 48:102I Constitutionality o
Power over federal corporation
tration 47:689
23:456-458Constitutionality of S
Power over state corporationof I921 36:548-583
23:459-462Constitutionality of the fe
Power to abolish state's right to priority
ures 50:802-813
46:330 Construction of "ge
Power to bind future generations on ordi- 37:752

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270 CONSTITUTIONAL LAW

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and


CASES. The figure in front of the colon refers in each instance to the volume.

Doctrine of state consent as related to Power to punish for co


spending power of Congress 36:557-566 to appear as witness, a
Is the specification of appropriations an produce
act papers as required by com-
of legislation ? 50:804-805 mittee: differences in power of Senate
Limits of federal spending power and House of Representatives
48:94-95; 49:828 40:210-212
Mode of testing constitutionality of ex-Power to put interrogatories in aid of a
penditures 48:809 constitutional function 21:431, 448
Power of United States to undertake hous- Power to require attendance of witnesses
ing projects 48:I02I and production of papers attendant upon
Spending power as constitutional committee investigation:
basiscolonial
of practice
TVA 48:808-809 of legislative punishment for contempt
Spending power of Congress 40:165-166 36
Validity of appropriation - Congressional practice of legislative
from pun-
insurance fund ishment for contempt 40:168-194
collected from e
for benefit of--English injuredpractice of legislative
employe punish-
Validity of Congressional ment for contempt 40:159-164 approp
a political question 37:752 -state practice of legislative punishment
for contempt 40:167-168
Legislative powers: banking Precedents of governmental depart
Authority to national banks to actasasa trust
basis for implied powers
companies 29:758; 32:689-694 38:236-238
Authorization of national banks to act as
executor 3I:308 Legislative powers: local self-government
Constitutional basis See also Municipal
of FederalCorporations Depos
surance Corporation 47:330 Bi-partisan police commission: whether
Exclusive federal control over national constitutional Io:307
banks 21:136, 144, 451 Classification of cities 16:59; 19:378
Federal taxing power as means Delegation
ofofestab-
legislative power for pur-
lishing a unified banking system poses of I9:203
46:143-148Law and practice of
Interpretation of National Banking Act 47:o077-Io80
(Rev. Stat. ? 5219) 32:727 Legislative control over municipal con-
National banks: how far subjecttracts
to state I6:211, 448
control 37:899, 907 Legislative control over
Power of Congress to authorize tions I3:441-454, 570-588, 638-658;
interstate
branch banking 48:662-663 I4:20-38, 116-138; I5:468-477, 848
Loans from the PWA in excess of city debt
Power of Congress to establish unified
banking system 47:333-334 limits 47:688-693
Local self-governmen
amendments to cons
Legislative powers: bankruptcy Municipal gas rates: p
See Bankruptcy mission as a " special
bidden by state constitution 42:836
Legislative powers: commerce Quasi-contractual liability of municipal
See Interstate Commerce corporations - constitutional limitations
47:1143-1148
Legislative powers: investigations Scope of home-rule amendment 31:653
State commissioner given same power as
Commitments by legislature for contempt,
judicial review of 40:212-221 district attorney to enforce liquor laws
Constitutional limitations on the Con- 21:540
gressional power of investigation Statutory requirement of popular author-
40:153-221 ization by more than majority vote of
sale of municipal lighting plant 44:133
Investigation of administrative conduct by
Congress 38:234; 42:845-847 Violation of municipal home rule: New
Legislative power to punish consummated York franchise tax i6:592
contempt 48:848
Power of Congress Legislative powers: money
to investigate admin
trative conduct although Abrogation of no
gold legislatio
clause in priva
is contemplated 38:234 48:1060-1064
Power of Congress to subpoena Abrogation of gold clause in public
witnesses
in an investigation for legislative pur- 48:1057-1099
poses 38:234 Application of Joint Resolution t
Power of legislature to punish for con- clause obligations alternatively p
tempt 30:384, 395 in foreign currency 49:152

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CONSTITUTIONAL LAW 27I
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in
CASES. The figure in front of the colon refers in each instance to the volume.

Constitutionality of the Gold Hoarding Publicity


Actin corporate business compelled
47:479-488 by taxation 24:98-102
Gold clause contract: power to override Tax on income derived from child labor
1o:I78 35:859
Invalidation of gold clauses in United States Taxing power as limited by " general wel-
bonds--power to redeem before ma- fare" clause 36:550-583
turity 50:986 Use of federal taxing power to
Legal tender cases 46:621-623 matters reserved to states 49:21-23
Making valid for national banks notes Whether prohibitory tax attached by
void
under state law 21:136, 144, 451 House to Senate bill is a revenue bill
Power of Congress to abrogate gold clauseoriginating in the Senate 29:220
48:I33
Power of Congress to establish unified Legislative powers: territories
banking system -" currency power " Annexation by joint resolution 13:397-398
47:334 Applicability of constitutional guarantees
Power of Congress to nullify gold clauses to territories and dependencies
46:1225-1257 46:807-809
-nature and sources of the money power Cuba while under military occupation as
46:1243-1248 " foreign territory" 16:213
Power to make paper money legal tender Effect of federal power over public land
i:73-97 on a state's sovereignty 21:47, 56
What constitutes legal tender: how far a
Extension of constitutional guarantees to
federal question 9:487 dependencies 17:386-399
Withdrawal of gold certificates from cir-
Extension of Constitution to terri
culation 48:1076-1077 statute 12:205; 13:401
Withdrawal of gold coin Extension of Constitution to te
from circulation
48:1071-1074
proprio vigore I2:205; 13:401
Worn and mutilated money: whether
Extradition legal
of a fugitive from Puerto Rico
tender 9:487; 12:142 within statute providing for extradition
of fugitives from territories 22:449
Insular cases i5:169-190, 220, 281-301,
Legislative powers: police power
395
See Due Process of Law
Power of Congress to tax exports and im-
ports of colonies 15:220, 395
Legislative powers: taxation
Power to acquire and govern territories
See also Income Taxes, Inheritance12:291-310,
Taxes, 393-416, 464485;
Taxation. 13:155-176; I5:169-190, 281-301
Power to annex territory historically con-
Administrative necessity as justifying estate
tax upon corpus of trust revocable by de- sidered 13:371-399
ceased settlor only with beneficiary's con-Power to authorize imprisonm
sent 49:491 tory outside thereof 16:521
Status of Filipinos
Difference between for purposes of immi-
limitations
power of Congressgration and naturalization
and 42:809-812
that of
29:472-477
Status of inhabitants of ceded territory
Excessive rate as disclosing 14:262-272
purpo
late or prohibit 48:497-498 Unwritten constitution: whether this limits
Federal tax calculated to regulate rather
power of Congress 19:547
than to raise revenue 35:859 Whether federal ownership of water righ
Federal tax on future trading in grain: in public domain 28:286-291
constitutionality 37: 36
Harrison Anti-Narcotic Act as an en- Legislative powers: war
croachment on state police power Effect of creation of National Guard
32:846, 85I militia 30:176, 191, 712-723
Invalidity of state advertising tax on pub-Prohibition and the war power 33:585
lishers 49:998 Spending power of Congress during war
Marshall's dictum that power 36:568 to tax
power to destroy 31:321325 War emergency legislation 30:667-675
National Firearms Act-bearingWar of power
Childas constitutional basis of TVA
Labor Tax Case 48:495-497 48:809
Opinions of Mr. Justice Holmes concern-
Delegation of powers
ing taxing power 29:696-699 In general 19:288
Processing and flour taxes under Agricul-
Board of health 20:I47; 31:1165
tural Adjustment Act 49:828 Can Congress delegate power to legislate
Processing taxes and protective tariffs concerning workmen's maritime injuries
49:610-618 37:478-482, 496

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272 CONSTITUTIONAL LAW

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and


CASES. The figure in front of the colon refers in each instance to the volume.

Commissions 2I:205; 23:481; 27:546-548-delegation of, to director


Committee of political party to establish
trict appointed by the cou
districts for choice of delegates 21:215 26:257, 266
Congressional delegation of powers to To Federal Radio Commission 49: 335
states 49:472-473 To what extent rate commissions are exer-
Congressional reapportionment - deleg
cising legislative functions 38:146-152
tion to the executive 42:1044-1047 Treaty-making power: delegation to Presi-
Constitutionality of state recovery acts dent I9:69
47:o08 Under English law 30:664-666
Use of administrative tribunals
Constitutionality of statute enabling execu-
tive to specify expenditures under an 35:791-796
indefinite appropriation 38:250 Validity of flexible tariff--power dele-
Delegation of details 20:124 gated to President to change tariff classifi-
Delegation of discretion in Massachusetts cation 44: 1140
licensing statutes 43:307 Validity of flexible t
Delegation of legislative power power to the ex- upon Preside
ecutive 20:116, 123-125 crease tariff rate 41:95
-implied authority to withdraw public Validity of Gold Hoarding Act
lands from entry 28:6I3, 628 Validity of state statute adopt
Delegation of power to Interstate Com- regulations 36:752
merce Commission: administrative dis- Validity of state-wide re
cretion 37:708 27:756
-to fix rates 28:110 Zoning ordinance: otherw
Delegation of powers useby to be Congress
permitted by co
48:798-806 of neighboring property 37:853
Delegation of powers in National Industrial
Recovery Act 49:202-203; 332
Due process of law
Delegation to a political party of power to
See Due Process of Law
determine the qualification of voters
43:470
Equal protection of the laws
Delegation to President of power to declare
embargo 50:691 Adjustment of omitted subsequent taxes
Delegation to private in redemption
body of of delinquent property
authority t
fix rules for use of explosives 46:329 50:352
Delegation to private Application to zoning regulations
individuals-resale
price maintenance laws 50:668-671 37:850-851
Deportation of aliens 37:1120 Classification and exemptions in taxation:
developments
Extraterritorial powers of municipalities by - I933 47:1226-1228
legislative grant 41:894-898 Classification of debtors singled out for
penalties for litigious delay 48:321-322
Federal departmental regulations involving
criminal responsibility 35:952 Conditions on foreign corporations
Imposition of penalty by assessor i8:540 42:678
Legislative power to counties I9:379 Constitutionality of provision for deducting
Municipal corporations I9:288; 2I:I49 from taxable income of corporations
NIRA as an invalid delegation of con- amounts paid as dividends to residents
gressional powers 47:93-95 38:404
Officials: delegation of arbitraryConstruction
power of the phrase 26:29-41
I5:852 Convenience of taxation: charging cost of
Power of administrative board to declare new streets on abutting owners 4:336
a statute unconstitutional 30:386, 394 -classification on basis of wealth 24:401
Power of Federal Trade Commission to fix -limitation on taxing power in specified
limits of quantity discounts 50: 11-112 county I7:492
Power to adjust omitted subsequent taxes - stock transfer t
in redemption of delinquent property 20:422
50:352 - stock transfer tax taxing each share
Power to classify taxable businesses 20:408, 412
28:96, o05Corporate character of the taxpayer as
Power to specify appropriations for relief a basis of classification in state property
projects 50:802-805 taxation 44:443-447
Redelegation of delegated Definitionpowers 26:9-18,32:87 29-41
Sherman Anti-Trust Law 3I:437-439 Denial to future dealers in mi
differential valid as to existing
Statute making it a crime to operate a pool-
room in any district voting to prohibit 49:996
29:780 Denied by unequal taxation 31:307
Taxing power 12:138 Discrimination against money loaned and

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CONSTITIJ TIONAL LAW 273
References in heavy-faced type are to LEADING ARTICLES; in italics
CASES. The figure in front of the colon refers in each instance to the volu

corporate dividends earned having


outside well-advertised
state trad
49:935 49:631
Discriminatory statute existing at timePrivilege
of taxes on corporatio
admission of foreign corporation 41:95par value stock 43: 04-109
"Privileges and immunities " in Fou
Discriminatory tax on foreign corporation
already admitted to do business within Amendment i: 313-315
the state 40:777 Proposed federal law against
Distinction between criminal penalties 15:707-713 im
posed on women and
Regulation those
of prosecutions:imposed
allowing chal- on
men 33:449, 473 lenge of grand juror over sixty-five only
Exemption from general
before impaneling ofsales tax of m
jury as discrimina-
fuels separately taxed 47:143 tion against those indicted after jury is
Exemption of cooperative marketing asso- impaneled 22:142
ciations from anti-trust laws proper Regulation
as of trades: d
permissible classification 38:87 lation of street railway rates 18:618
Exemption of farmers from occupational - employment of foreigners I: 341
taxes 47:1229 -forbidding payment of wages in tickets
Exemption of nonresidents exchangeable for goods 21:56 from
heritance tax on intangibles 37:625 -imposition of costs on railroad and in-
Fifth Amendment as forbidding a tax dis- surance companies IO:524; 11:125
criminating between state and national -" jitney bus" regulation 29:437
banks 46:148 -law closing barber shops on Sunday
Graduation of chain store tax accor
9:425
number of extrastate
-legislation affectingstorescorporations 49:7
only
Graduation of sales tax according
20:634, 648; 23:549, 565 t
sales as arbitrary classification
-legislation requiring only corporations 4
Grant of special to privilege:
produce books 21:366 act a
private claim against state 18:465; -non-resident peddlers I0:59
21:443 -practice of medicine 15:491; 24:499
- allowing only larger parties to vote -prohibiting
at discrimination between dif-
official primaries 2I:622, 630 ferent communities to injure competitors
-city water works exempted from taxa- 26:369
tion II:t26 - prohibition of night work by women in
-exception of labor union from law factories 20:653; 21:62
against combinations 16:303 -regulation of wages on publi
- exemption of corporations wholly within 17:419
state from taxation 12:431 -requiring certain classes of corporations
--local creditors preferred to aliens by employees at given times
to pay
state courts 21:537 21:444; 22:536
-mechanics' lien law providing for
- restrictions on sale at-
of nursery stock
torney's fees as part of grown costs I7:355
outside state 8:359
taxation for relief of blind 20:335 -state engaging in private business
Individualization in criminal punishment 33:403-405
33:449 Remedies for unequal property tax assess-
License fee based on number of counties in ments 46: ooo-Ioo6
which store chain operates 46:155 Restricting the sale o
Opinions of Mr. Justice Brandeis 44:849-85o
45:50-58 Right of nonresidents to sue 41:387-390
Organization and license tax on no par
State discrimination against causes of ac-
value stock 39:299-300 tion arising under federal statutes in sister
Penalty for delayed payment of wages
states 48:125
34:327 Statute made unc
Permitting veterans to peddle without circumstances 41:96
licenses 45:1112 Statutory restraints on chain s
Personal discrimination: Japanese in Cali-
44:456-460
fornia schools 20:337 Sterilization law applying only to inmates
-negroes as jurors 17:351; 27:184 of institutions 39:770
-negro segregation in separate residence
Taxation of authorized no par s
districts 27:270, 279 mestic corporation 39:296-299
-segregation of negroes inTaxation Pullman cars
of authorized no par stock of for
28:417, 425 eign corporation 39:292-296
-statute forbidding joint education of Territorial districts: classification of cities
white and colored persons in private 16:59; 19:378
schools 22:217, 227 -special legislation for cities: what con-
Price differential in favor stitutes of dealers not19:465; 27:85
18'588-604;

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274 CONSTITUTIONAL LAW

References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and i


CASES. The figure in front of the colon refers in each instance to the volume.

Transfer tax on no par stock 39:303-305


committee to prevent obstruction of re-
organization proceedings 50: 831
Validity of anti-Japanese legislation
Freedom of radio speech 46:987-993
37:372, 38I
Freedom of the press 35:35r
Validity of discriminatory graduated tax
on chain stores 44:1295 Impairment by state as an invasion of
Validity of retaliatory taxation "liberty" protected by Fourteenth
of foreign
insurance companies 45: 84 Amendment 39:431-465
In war time: in general 32:932934;
Validity of state anti-trust act exempting
combinations of labor 28:105 34:69I
-Abrams case, a defense of the minor-
Validity of statute abolishing injunctive
remedy in labor disputes 30:75, 85 ity opinion 33:747-774
Validity under Twenty-First Amendment - Blackstone's interpretation of free
of state tax on liquor imported from speech 32:938-940
other states 50:353 -dangers arising from a
strictions 32:970-973
Ex post facto and retroactive - Espionage
lawsAct 32:417, 434;
934-940, 961-968, 972
See also Income Taxes, Inheritance
-First AmendmentTaxes,
as a declaration of
Taxation.
policy 32:934-938
Change in rules as to comparison of hand-
-judicial interpretation
writings 11:476
of I917 32:959-969
Changes in law of evidence II:476;
- social purpose of free s
25:661
32:945-95
Changes in penalties 13:217
Declaratory legislation 49: I37-14z -under the Espionage Act of I918. The
Effect of Robinson-Patman Act on exist- Abrams Case 33:442, 474
- use and abuse of freedom of uttera
ing contracts 50:124-125
32:940-944
Extradition treaty 22: I44
Invalidity of state advertising tax
How far retroactive laws forbidden by
Fifth Amendment I4:606 lishers 49:998
Mr. Justice Holmes and the Constitution
Law validating unauthorized collection of
canal tolls 34:212 -freedom of speech 41:138-140
New York Criminal Anarchy Act
Repeal of statute under which right of
action had vested I7:419; 23:565 36: 99, 219
Opinions of Mr. Justice Brandeis 45:87-94
Restrictions on professions because of past
Present status of freedom of speech under
offenses I: i6; 12:214 the First and Fourteenth Amendments
Retroactive death taxes in the light of
Binney v. Long 50:785-790 of the Federal Constitution 41:525-528
Restriction on freedom of press by enjoin-
Retroactive laws under Fourteenth Amend-
ing publication of injurious falsehoods
ment 35:193, 202
Retroactive tax on profits from sales 30:172, i88of
Restriction on freedom of speech by limit-
silver futures 50:841
Revival of barred cause of action ing campaign
by Trans-expenses of candidate for
portation Act 39:132 office 24:401
Restrictions
Statute giving bona fide occupant of land on fre
value of improvements made Right of corporation
before pas- 48:507
Scope of constitutional protection
sage of act I4:385
50:619-622
Statute taking away right of action arising
in another state passed State statute trial
after penalizing
andconduct of lawf
pending appeal held to bar meeting sponsored by society advocati
recovery
33:727
criminal syndicalism 50:689
Statute taking away right of action for State statutes restricting advocacy of com
munism 36:199
personal injuries 44:466
Whether overruling decision given retro-
Full faith and credit
active effect so as to make acts done in
reliance on overruled decision criminal See also Judgments.
29:80, 103
Conclusiveness of judgment against
executor in one state in action against
Freedom of speech executor in another state 39:824-826
Conviction under insurrection statute for Conclusiveness of judgment against execu-
soliciting members of communist party trix in suit outside state of appointment
50:1313 48:931
Development of protection of intellectual Criminal of one state carried through an-
liberty under the due process clauses other: right to habeas corpus I2:567
46:381-385 Decree enjoining action in a particular state
Enjoining communication by bondholders' 37:157

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CONSTITUTIONAL LAW 275
References in heavy-faced type are to LEADING ARTICLES; in ital
CASES. The figure in front of the colon refers in each instance to the v

Divorce decrees I9:586-597; 26:449; by workmen's compensation act of an-


39:420 other state 48:620-625
Effect at donor's domicil of denial of pro- -implications in divorce and
bate by courts of donee's domicil, to a tion problems 48:624-625
will exercising a power of appointment State statutes: whether entitled to full
over personalty 38:664, 684 faith and credit 38:804, 805
Effect of clause on local policy 39:546
Status of foreign receivers and admi
Effect of clause on rights other thantrators judg- 48:951
ment or by statute 39:550-560 Statutory right m
Effect of error in local law which results in of creation: allowi
denial of proper application of statute of tion fulfilled by a
another state 38:804 "full faith and credit" 22:535
Effect of law of place of application for
Statutory right in-
with prohibition of recov
ery outside state of creation: effect of
surance policy making misrepresentation
material 50:520 foreign judgment as denying " full faith
Enforcement in Mississippi and credit" of Missouri
27:756
judgment on contract Supreme made in Missis-
Court as policem
sippi and void there 22:51, 58 conflicts of laws 47:202
Extrastate enforcement of penal and gov-
Tax judgments 49:490
ernmental claims 46:204-206 -of sister state 48:137
Extrastate operation of workmen's com-
To findings of jurisdictiona
pensation laws 49:601-606 Under United States Constitution 4:93
Extraterritorial application of statutes
Validity at the situs of foreign decree
50:1140-1142 for conveyance of land 21:210, 221;
Extraterritorial effect of injunctions against 23:228
exportation of causes 46:Io30 Validity of judgment against nonresident
Final decree for child support as precluding
individual based on service upon agent
suit for further support in state of child's 33:238-240
new domicil 47:712 Whether effect must be given to all per-
Foreign corporations: right sonal to sue which
judgments on arefor-rendered ac-
eign judgment 17:417; 19:619 cording to due process of law
Foreign judgments and res judicata 37:815-818
41:zoS55-o159 Workmen's Compensation statutes
"Full faith and credit" and " comity" 46:291-298
35:350
" Full faith and credit " and divorce decrees
Impairment of the obligation of contracts
rendered without jurisdiction Action of town abrogating contract:
35:351 whether act of state o: 247
"Full faith and credit" and the conflict Alteration of charters: scope of legisla
of laws 39:538-547 power 10:I28, 520
" Full faith and credit" for judgments
- municipal con-
charter 20:77
fessed by attorney 44:1275-128I -provision as to internal managem
Lien on insurance fund created by foreign I9:298
garnishment proceedings as entitled to Appointment of special tax collect
full faith and credit in interpleader suit 3I:49I
at insured's domicil 47:1179-z 18 Assessment to restore impaired capital
Obligation to give effect to judgment 45:584
against a partnership binding only firm Binding the dissenter under state reorg
property where all partners not served ization laws 48:1414-I428
37:793-833 Binding dissenters in municipal deb
Power of state to apply local compensation justments 50:951-956
act 49:146 Change of remedies 19:133; 22:606;
Recognition and enforcemen
3I:491
50: r143-1o50 Constitutionality of moratory legisla-
Recognition of judgments rendered without tion 46:1067-1074
jurisdiction 47:525 Contract by state not to discriminate
Recognition of rights of statutory successor
against foreign corporation 20:405, 412
of dissolved corporation 48:835-843
Contract by state not to exercise the rate
Refusal to enforce common-law making power 28:627
partnership
liability of shareholders in Contract
business clause
trust as qualified by p
as contrary to public policy
ofofstates
forum47:662-663
47:526 Contract to receive coupon
Res judicata: too great effect payment
given to judg-
of taxes 12:421
ment of another state 25:444 446 Contracts bargaining away governm
Right of action in state of injury as barred powers 48:1065-1067

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276 CONSTITUTIONAL LAW
References in heavy-faced type are to LEADING ARTICLES; in italics
CASES. The figure in front of the colon refers in each instance to the vo

Corporate reorganization Prohibition


- effect upon
applies only to legislation
claims of nonresident creditors 43:II54 4:319-320
Protection
Creditors' rights in proceeds of municipality's
of foreign in- contract - re-
surance policy 42:575 peal of statute as an impairment
Dartmouth College case: a new view 46:I334
Recourse to federal court denied to a for-
6:161-183, 213-222
Decision inconsistent with eign corporation induced
preceding de- to do business
cisions of the same court as an im- in the state 21:215
Release of person contract
pairment of the obligation of contracts
22:182-189 I6:21I
Determination of whether case involves un- Remedy: change of, incorporated in the o
constitutional statute 12:421 ligation 26:368
Repeal
Discharge in insolvency: operation against of tax exemp
nonresidents 6:349-368 34:539, 553
Revocation of lottery
Distinction between administrative and franchise
leg- 11:407
islative action 31:879, 893 Right of city to compete with franchise
Distinction between state's refusalgranted by itself 13:604; i6:68; 17:279
to per-
form contract and impairment Right
ofofthe
legislature to alter charter of pri-
obligation thereof 39:397 vate corporation 31:892
Right of public service commiss
Effect of contract by municipal corporation
rates
not to reduce rates of public service fixed by contract 33:98
com-
pany 23:388, 407 Right of purchaser at mortgage foreclos
Extent of reserved sale to raise theto
power question
amend 26:548 the
charter of a charitable Rights acquired by purchasers of public
corporation
40:89r-896 utilities at judicial sale 50:1305-1308
General tax to create guaranty fund for Rights of lessee of property exempted
local improvement district bonds secured from taxation by legislative contract
only by liens on district lands 46:860 28:703
Granting bridge franchise after ferry fran- State taxation of municipal water supply
chise 21:368 37:159
Grant of land under navigable water: Statute forbidding mining of coal in such a
"lake front" cases 6:382, 444; 7:11 5; way as to cause subsidence of surface
12:429 structures, owners of which had sold
Impairment by judicial decision 47:306 rights of support 36:753
Inheritance tax statute retroactively Statuteaf- limiting class of life insuran
fecting inter vivos trust 44: 103 ficiaries 39:121
Jurisdiction when state court purports toStatute permitting
pass only on construction of contract ment 11:414
36:882 Statute requirin
Laws limiting mortgagee's right to sue on its unclaimed f
bond 48:126 subject to claim
Lease of railroad by majori 22:522
with legislative assent 8:295-316, Statutes permit
396-414 of a spendthrif
Mechanic's lien as vested right 14:228 43:94
Mechanic's liens as a direct right to sub- Statutory proh
contractor 32:178 stock in a voting trust 40:109
Modification of Supreme Stock assessment
Court 45:1387-1388
decisions
construing the contract Tax moratoria-rights
clauseof creditors of
46:366-375 state 47:1234
Mortgage moratoria Validity and deficiency of relief
statu
statutes 47:301-302 suit on insurance policy 24:670
Mortgage relief legislation: Validity of statute
Home reserving power to alter
Building
& Loan Ass'n v. Blaisdell 47:66o-668 contractual rights through repeal of leg-
Municipal ordinances 3I:879, 893 islation 29:874
New charter: whether regarded as continu- Whether protection
ation of old charter I6:65 ers requires upset
Police power and the contract clause organization 32:493-515
34:429 Whether statute limiting attorney
Power of state under reserved right to claim against United States is i
amend corporate charter to authorize ment of obligation of contracts
abolition of sinking fund for redemption 29:328, 33I
of preferred stock 43:656
Private contracts as subject to Privileges
paramount and immunities of citi
governmental power 48:1062-1064 Allowing enforcement of foreig

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CONSTITUTIONAL LAW 277
References in heavy-faced type are to LEADING ARTICLES; in itali
CASES. The figure in front of the colon refers in each instance to the

without
for death only when deceased a warrant by state o
was citizen
of forum 21:285 federal misdemeanor 42:828
Conditioning business activities
Admissibility of non-
of evidence obtained by
resident individual on legal seizure 13:302;to
subjection 35:694-704;
juris-
diction by non-personal service 39:I099
30:696-702
Brief history of Fourth Amendment to Fe
Denial of privileges: constitutionality
eral Constitution 34:362-366 of
clause making employer's negligence
Courts in receiving competentim-
evidence g
material I3:604; 24:243 erally do not inquire into the means b
- denial of right to sell liquor to aliens
which it had been procured 34:368-3
4:337 Customers' standing to enjoin disclosure
broker of records of his account sub-
- exclusion of foreign corporation by state
I7:356 poenaed by SEC 50:698
--executors: statute prohibiting appoint-
Delay in objecting at trial to ev
ment of aliens as 19:299 tained by unlawful search and
- prohibition of fishing by nonresidents of 35:470
county 24:318 Extent to which seizure may lawfully be
-prohibition of interments authorized by search warrantexcept
35:698
owners 10:450 Government need not return papers ob-
- prohibition of sale
tained by illegal of liquor
search and seizure by t
8:504; 1:414 private persons 35:700-703
-statute making it a misdemeanor for Investigation of registration statemen
farm laborer receiving pay in advance SEC after its withdrawal 49:1369
wilfully to fail to work 21:628 List of state constitutional guarantees
- to foreign corporations 38:362, 369
against unlawful searches and seizures
Discrimination against creditors in other 34:361
states 12:429 Members of unincorporated association
Jurisdiction over nonresident
cannot obtain return of documents unin
rated associations illegally
acting seized from the associationstat
within
30:702-711 35:704
Permitting veterans to
Mere affidavit not peddle
probable cause for search wit
censes 45:1112 I2:505
Place of trial--interstate appl
Modification in Supreme Court decisions
intrastate methods of adjustmen
46:805-806
44:41-64
Motion before trial can be made to compel
Power of state to apply
return of assets
papers unlawfully seized o
dent decedent to claims of citizen
34:370-374
tors 38:826 Opinions of Mr. Justice Brandeis 45:95
"Privileges Order
or immuniti
to produce papers, existence of which
Fourteenth Amendmen
was discovered by unlawful search
Harvey 49:935-941 33:869
Prohibition against carrying
Poweron by code
of NRA foreign
authorities to compel
corporation of intrastatetestimony
public service47:98-I00
functions 45:1404 Powers of Federal Trade Commission to
Right given by state constitution, whether
demand documentary evidence 36:340
a " privilege " or " immunity "
"Probable cause " requirement for search
39:436-438 warrants 46:I307-1311
Right of citizen of one state to sue in courts Questions recently certified t
of other states '7:54 States Supreme Court on thi
Right of jury trial: whether a " privilege " 34:385-387
or " immunity " I4:144 Search and seizure accomplish
Right of nonresidents to sue 41:387-390
or guile instead of force 35:699
Rights under first eight amendments as
Seizure of incriminating evidence at the
"privileges " and " immunities"time of the prisoner's arrest 24:661, 681
39:438-439Seizure of private property as criminal evi-
State regulation of foreign businessdence
trusts 9:484; 24:661, 68i
4I:86-90 Seizures under the Espionage Act
Statute penalizing fleeing felon and ab- 34: 380-384; 35:698
sconding witness 48:492-493 Tapping telephone wires 41:258
Statute prohibiting use of red flags inUpheld
pa- for a variety of reasons, although
rades 28:331 under defective warrants, or none at all
34:377-379
Searches and seizures
Use by government of papers stolen by
In general 34:361-387 private individual 35:84
Admissibility of evidence obtained by arrest
Use of evidence obtained by illegal se

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278 CONSTITUTIONAL LAW
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTEs; a
CASES. The figure in front of the colon refers in each instance to the volume.

- compulsory
and seizure, as violating privilege against nonsuit 31:687
self-incrimination 35:694-704 - demurrer to evidence 3I:683-684
Who have a standing to move for the re-
-direction of verdict 3I:686-687
turn of papers illegally seized - evidence on appeal 31:689-690
34:375-377 --instructions to the jury 3I:680-681
Trial by jury --motion for judgment notwithstanding
Alteration of verdict by appellate court the verdict 31:688-689
8:I75 - motion to strike out sha
Change of judges during trial: waiver of 3I:687-688
usual procedure 29:83, 99 - questions arising on the p
Compulsory reference of accounts in civil 31:678-680
case against plaintiff's objection -special as
caseun-
and reserved point
constitutional denial of trial by jury 31:685-686
22:378 - special verdict 31:684-685
Consent of accused to change ofNecessityjuror after of jury trial to determine
all evidence introduced 25:I79, i8o tion of condition of suspended senten
Constitutionality of court rendering judg- 40:I33
ment notwithstanding the verdict Of fact making increased punishment man-
26:732-737, 738, 754; 33:246-248 datory 48:334
Constitutionality of injunctions against Petty offenses: an
crimes 50:226-227 requirement of t
Constitutionality of new trials on 39:968-some
the issues 34:71 Power of court to declare mistrial after
Constitutionality of remittiturs
verdict 34:73
of acquittal has been received and
Contempt: constitutionality
filed of 40:133 punishmen
without trial by jury 21:171-174 Practice of remittitur and additur
Control of jury by court 3 :678-691 50:1051-1053
Enjoining liquor nuisance under National Province of jury 31:675-678
Prohibition Act, ? 23 43:159 Public trial 20:489, 495; 30:771
Essential elements of jury trial Reckless driving as a crime within the con
31:671-675 stitutional guaranty 44:465
Exclusion of negroes from jury as Remittitur
uncon- by appellate court 33:248
stitutional and ground for new trial
Right of accused to be present 20:235
37:247 Right to jury trial in District of Columbia
Extension of jury system in United States I3:137
50:5-6 Right to jury trial in territories of the
Federal condemnation proceedings, neces- United States 13: 137, 401
sity for jury trial 4I:29-50 Right to trial by jury when defenda
- congressional precedents 4I:36-38 terposes legal counter-claim to equ
- judicial decisions 41:38-50 complaint 40:912
- parliamentary precedents 41:32-36 Seventh Amendment and
"Fleeing Felon" Act--trial by jury of 34:71, 86
vicinage 48:495 Statute extending use of
Government employees mary judgment
as jurors to def
in cases t
which government is party 50:692 Statute limiting the num
Historical background of the trial by jury 39:267
provisions in the United States Constitu- Statutes authorizing asse
tion 39:917-968 ment by jury 27:169, i88
Increase of damages in lieu
Statutory of new
presumptions: how trial
far co
as violation of Seventh Amendment tional 7:309; 8:117
48:333 Statutory prohibition of
Injunctions against liquor-selling as public dict as a violation of tri
nuisance 9:521-533; 22:I37, 148, 541 37:5IO
Judgment notwithstanding verdict directed Statutory tinkering with specific perform-
by court 27:291 ance 47:1042-1044
Summary
Judgment on evidence imprisonm
notwithstanding the
verdict 5o:1048-1051 clusion Act 7:238
Jury trial in state courts: relation
Summary of Four-
proceedings un
teenth Amendment to right right of appeal 9:357
I:314-321; I8:136
Territories of the United States: Puerto
Jury trial: whether necessary Ricofor commit- 36:o05
Trial by less
ment of child to reformatory than required
under Ju- number of
venile Court Acts I9:374 jurors 39:262
Methods of controlling jury:Trial by
attaint and less tha
motion for a new trial 3I:681-683 12:205; 14:' 44

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CONSTITUTIONAL LAW 279
References in heavy-faced type are to LEADING ARTICLES; in italic
CASES. The figure in front of the colon refers in each instance to the v

Exemption
Trial of civil offender by military of veterans from ci
commis-
sion 28:415, 425 rules 9:284; I0: 19, 236
Uncontrolled discretion Federalof jury
statute to acquit:
securing to negr
effect of mob violence 37:247 own realty I7:357
Unnecessary for public torts 35:464 Fifth Amendment as inclu
Validity of statute allowing change of hard labor in a house of correction
venue on application of prosecutor 36:299-320
Hard labor as an infamous punishment in
26:754
Verdict directed by court I6:515 England and Colonial America
Waiver of jury trial by plea of not guilty 36:302-307
21:212, 216 History of right to keep and bear arms
Waiver of jury trial in criminal cases 28:473-477
21:222, 216 Infamous crimes: the Moreland case and
- necessity for consent of court and prose- hard labor: analysis of opinions
cutor 45:932 36:314-317
Waiver of right
Liability to to
military a jury
service of
of one awaiting
criminal trials in the
sentence forfederal
crime 32:576 cou
44:I24 Limitations on state legislation impos
Waiver of right to twelve jurors 9:353
constitutional guaranties against im
onment for debt 41:786-790
Personal rights: civil Opinions of Mr. Justice Brandeis 45:9
Alibi statute as violation of self-incrimina- Personal liberty: compulsory arbitration o
tion clause 50:523 labor disputes and the Thirteenth
Basis of military jurisdiction Amendment 26:636,
38:783-785, 655
o197
Civil death: statute declaring -deserting seamen:
one effect of Thirteenth
civilly
dead as a bill of attainder 37:623 Amendment 0I:515; I3:305
Conscription Act of I917 3I:694-696 -free passage from state to state: rel
Constitutionality of state statute making tion of right to labor question
refusal to work a misdemeanor 14:44-51
33:Io8 -prohibition against alighting from mov-
Continued imprisonment for civil contempt ing train I5:584
as cruel and unusual punishment -quarantine laws: constit
46:1335 2:309-311
Conviction for false return of income as bar - whether statute making breach of labor
to civil action for penalty 47:1438 contract a crime is involuntary servitude
Cruel and unusual punishment 26:163, 17:I21; 18:I46; 21:628; 24:391,
I75; 27:484 401, 671
-restraints thereon 4:287; 24:54, 6o Position of negroes under Fourteenth and
Declaration of Independence as basis of Fifteenth Amendments 43:468
personal rights I3:319-343 Power of Congress to forbid solicitation
of contributions
Denial to aliens of right to maintain bil- 5:286
liard rooms 33:io8 Power of court to review action of
Double jeopardy: concurrent and consecu-
authority 26:636, 655
Power
tive sentences in federal of state
liquor andto legislate in fed
nar-
cotic cases 45:535-541 ters 33:o08
--conviction under statute providing
Power no to compel
punishment 27:68I investigations 42:104-o08
- federal pardon after first Protection by duedoes
conviction process clause of F
teenth Amendment
not prevent subsequent conviction as sec- 39:439,458-4
ond offender 27:767 Protection of private rights against leg
tive in
- identity of offenses - a study encroachment
judicial in Canada
method 45:535-541 28:579-582
--judicial alteration of criminal sentence
Restrictions on the right of assembly
44:969-970 42:265-269
- punishment under both state statute and Right of an alien to a fair hearing in ex-
municipal ordinance I5:66o clusion proceedings 4I:522-525
--right of appeal by the government
Right in
of a person mentally competent but
criminal cases 20:219 physically incompetent to manage his
- second punishment for continuous of- property 37: i5
fense I5:154 Right of criminal defe
Effect of war time representation by
legislation in 191
3I:692-701 Right of illegally enter
Espionage Act of 1917 3I:696-698 wages and for tort 47:520
Eugenic marriage laws: constitutionalityRight
of of privacy: constitutionality of
Wisconsin statute 28:112 statute forbidding unauthorized use of

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280 CONSTITUTIONAL LAW
References in heavy-faced type are to LEADING ARTICLES; in italics
CASES. The figure in front of the colon refers in each instance to the vo

name or portrait for advertising Sexual sterilization as a " cruel and unusual
purposes
22:232 punishment" 39:770
Right to be confronted by accuser: testi-
Statute requiring autoist in
mony given at former trial: whether ad-
son to return to scene of the accident
missible I5:74; 23:310; 30:84 and reveal his identity as affecting the
Right to indictment by grand jury: privilege
statute against self-incrimination
dispensing with grand jury on plea of 30:195
guilty 29:326, 333 Statute requiring self-criminating testimony
Right to keep and bear arms 28:473-477 20:61, 76
Right to reside peacefully
Trial in a state
of civil offender by military commis-
34:554 sion 28:4I5, 425
Right to social equality: constitutional Use of mails: extent a
rights of negroes: power of Congress to 11:265
enforce same 2:358-376 Validity of city ordin
-negro segregation in separate demeanor residence to refuse
districts 27:270, 279 with imprisonment
-rights of Japanese in California Waiver of right toschools
speedy trial 46:Io27
20:337 Witness's privilege against self-crimination
- statute separating whites and negroes in 29:876
Personal rights: political
private institutions of learning 20:74
Right to speedy and public trial Citizenship: citizenship of children of aliens
30:77I 12:55
- negroes as citizens 23:176-193
Right to trial by civil and not by military
court 15:850 - women as citizens 2: i82
Rights Constitutionality
of ideas - and corporat of minori
33:358-375
tion 10:374
Rights of the Eligibility
accused of wo
in interst
41:74-78 33:295, 3I4
Self-incrimination: compulsory physical ex- Freedom of election: compulsory voting
amination i6:300 10:439
- discriminationout
-compulsory statements in form of
of ballot
court
24:570, 587; 26:93 25:I76, i88
- contempt proceedings 20:233 form of ballot 19:135
History of suffrage in the Un
- disclosure of crime subject to prosecution
in another jurisdiction - whether privi- 33 :13
Plurality of votes cast in an election for
lege in federal courts protects against
state prosecution 45:595 disqualified person 24:393, 402
- methods of scientific crime detection as Political combinations in elections
infringement of right against 44:844-846 45:906-912
- notice to produce incriminating docu- Position of negroes under Fourteenth and
ments as violation of privilege against Fifteenth Amendments 43:468
self-incrimination 29:211, 223, 879 Power of political party to exclude Negro
--privilege as to testimony before grand 48:I436
jury I5:308; 22:60 Right of negroes to vote in state primari
- privilege under Bankruptcy Law 43:467-471
13:296; 14:461; 16:223 Right to hold office: discrimination against
- requiring brokers to show their books as negroes as jurors I7:351
an unconstitutional compulsion of crimi- - property qualification for off
nal testimony 21:621, 636 7:495
- right of alien not to testify in -proceedings
right of a woman to hold public office
to exclude him 22:227 24:I39, I58
-statute permitting comment - statute authorizing appointment of
on defend-
ant's failure to testify 50:356 women as notaries Io:I87
-statutory protection against prosecution Right to petition the legislatu
5:346; 9:357; 10:I20; 13:296; I4:461; from labor union for petitio
16:223; I9:299 Right to vote 28:810
- taking shoes from accused for compari- -constitutionality of statutes providing
son with footprints 37:164 for preferential voting 29:213, 221;
--validity of compulsory reports of gold 36:88I
ownership 47:486-487 - denial of right to negroes 33:132
- violation of privilege at --denial
John of right
Doe to vote:
pro- reduction of
ceeding as bar to prosecution based on representation in Congress 2:374-376
unrelated evidence 48:861 - effect of suspended sentence on person's
- whether corporation entitled right to to vote 22:229
privilege
I9:523; 24:67I " grandfather clauses " 24:388, 400

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CONSTITUTIONAL LAW -CONSTRUCTIVE TRUSTS 281
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to R
CASES. The figure in front of the colon refers in each instance to the volume.

Right of one state to i


- impaired by regulations for marking bal-
lots 31:309 other's waters 8:138-160
- negroes as voters, Right to serviceequitabl of gas compan
- negroes as voters, able rate remedy 21:56
Rights acquired un
17:418
- preferential balloting 19:67; und37:
representation system 50:1314 Statute allowing e
-right of inmates of national soldiers' turned into fee si
home to vote 20:497 tional 24: 144, 53
-right of negroes to suffrage 26:42-63 Statute giving court ju
--right of negroes to suffrage: "grand- tinguish equitable servitudes 31:876,
father clauses" 26:43-59 896
-right of negroes to suffrage: protection
Statute making one-tenth of incomes of
of same by Congress 2:364-376 spendthrift trust liable to execution
- right of negroes to suffrage: remedy if 25:85
" grandfather clauses" unconstitutional Statute permitting cestui que trust to alien-
26:59-63 ate 11:272
- suffrage clause in Louisiana constitution Statutes aut
I3:279-293 where future interests are limited
Status of Filipinos for purposes of immigra- 42:62-73
tion and naturalization 42:80o-812 Subsequently vesting contingent remain-
The white primary in Texas 46:812-818 ders: inheritance tax upon 19: I2
Suit against city for defective streets: stat-
Personal rights: religious ute making notice a condition 19:618
Competency of atheists to testify Trustee's interest as property II:272
46:1152-Ir53 Validity of statute taking away a right of
Compulsory fee to support Christian asso- action for personal injuries 44:466
ciation in state college 26:456
Religious liberty under United States Con-
CONSTRUCTION
stitution I1:542
See Constitutional Law, Contracts, De
"Sectarian instruction ": reading
Future Interests, Bib
Insurance, Legacies a
schools 16:222
Devises, Statutes, Wills.
Vested rights
CONSTRUCTIVE TRUSTS
See also Due Process of Law
Nature and elements
Alimony: vested rights in same 16:521
Bar of statute of limitations as vested right Grounds: in general
9:219; I6:r29 Grounds: breach of fiduciary duty
Grounds: fraud
Bill of exceptions: statute passed during
Statute of Frauds
trial, changing mode of settling 19:465
Bounty given by statute as vested right Innocent persons
8:417 See also Agency, Banks and Banking, Con-
Community property: nature of wife's in- flict of Laws, Limitation of Actions, Pat-
terest 24:652, 675 ents, Quasi Contracts, Statute of Frauds,
Covenant prejudicial Trusts, Wills.
to Chinese repugnant
to Fourteenth Amendment 6:47
Nature and elements
Effect of change in zoning ordinance upon
permit already granted 41:667 In general 28:237-269, 366-393
Land: what rights therein are propertyClassification of constructive trusts
8:23I 27:460-462
Mechanic's lien as vested right 14:228 Conflict between constructive trust and
equitable claim to same res I7:352
Parent's right to custody of child: whether
vested property right 19:374 Constructive trust purely an equitable
Power of state to deprive city of control
remedial institution 33:420-423;
over waterworks 15:848 37:153
Public office not property 8:286; Doctrine14:218;
based on misuse of property or
18:146 breach of fiduciary relation 12:495
Repeal of statute giving right Effect
of action
of confidential relationship on bur-
23:565 den of proof 36:105
Revocation of commutation of sentence
Essential ingredients of con
41:670 actual or constructive fr
Right of access to navigable waters as Failure of trust of void pat
property 14:451 tive trust of proceeds 48:1162-I163
Right of corporations to consolidate as Holder of legal title compelled to convey to
vested right IO:I28 claimant with prior rights, though

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282 CONSTRUCTIVE TRUSTS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in


CASES. The figure in front of the colon refers in each instance to the volume.

fraudulent as against their grantor


Payment of purch
35:757 heirs of purchas
Municipal corporation: whether it can be enforceable contr
constructive trustee 6:202 39:906
Person
Recording acts as applied to assisting i
constructive
trusts 12:64 34:454-
When the Powers
right in
of the trust an
beneficia
37:153 50:774-
Grounds: in general Promises by legat
Acceleration of interest by murder or to pay or conv
48:1179-Iz8o to him in testato
Acquisition of property by wilfully killing revocation or mo
another 49:717-720 or devise 28:379-381
Advantages accruing from Promises by legatee
termination or or d
breach of contract 49:999 to hold for, or to pay or
whose names
Assignor holds proceeds of judgment inare communicated to him in
trust for assignee if action is continued
testator's lifetime: inducing the giving of
a legacy 28:369-372
after assignment of cause of action
37:620 Promises by legatee or devise
hold
Bank as constructive trustee of deposits for, or to pay or con
re-
ceived after insolvency I4:235, 464; whose names are not revealed in testator's
I9:6I6 lifetime 28:367-369
Bank as constructive trustee of money de- Promises by the heir or
posited without authority 37:621 for, or to pay or conve
Bank as trustee ex maleficio of public funds names are communicated to him in the
deposited without authority 47:845-846 ancestor's lifetime: inducing intestacy
Bank receiving tax receipts illegally de- 28:381-382
posited 20:69 Right of bigamous husband to inherit from
Confidential relation as basis for construc-first wife 43:140
tive trust after statutory abolition of Right of one guilty of
purchase money resulting trusts 50:983 intent to acquire proper
Constructive trust of unauthorized deposits herit from his victim 28:426
by trustee 50: I27 Servant of trustee charged as construct
Constructive trusts basedtrustee I3:530
on promises made
to secure bequests, devises, Tacit or promises
intestate b
succession 28:237-269, 366-393; 28:378-37 37:153
Deposit of corporation Title check to acquired
account of by
another corporation inconstructive which indorsing tr
officer is interested 46:516 9:474; I8:I46, 411; 27:280; 30:622,
Director liable for deposits received by in- 647
solvent bank 14:464 Unattested directions by testator not com-
Effect of second mortgagemunicated on the to legatee or devisee in of
rights testa-
a party subrogated to the tor's lifetime
security of 28:366-367
the
first mortgagee 35:596, 624 What constitutes a sufficient communica-
tion of instructions by testator to legatee
Employment to perfect patentable device
36:468 or devisee of secret trust 28:376-378
Heir's refusal of death-bed request Where will discloses that legatee or devisee
to cor-
rect invalid will 48:1178-1179 is to hold in trust but does not disclose
Illegal promises by legatee or devisee the terms 28:382-387
28:372
Insured person murdered by beneficiary: Grounds: breach of fiduc
trust in favor of estate 14:375; 30:622, Acquisition of land by age
65I; 34:788 pose only 33:698-699
Land devised upon oral trust 37:670-682 Acquisition of property by ag
Land devised upon trust where the bene- to investigate same 33:698
ficiary is named by parol 37:682-688 Application of doctrine to fraudulen
Land held upon oral trust for a third person veyance 39:650
37:664-670 Cestui's rights in pr
Land held upon oral trust for the grantor use of trust fund
37:656-664 Constructive trust
Liability of grantee of deed which was in- who purchases pro
tended to sever an easement 20:I36, 39:5I7
I49, 496; 28:628 Constructive trust in property fraudulently
Murder by co-tenant of tenant by the en- obtained by agent 9:i59; 12:64, 438
tirety 44: 25 Constructive trust of land procured to be

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CONSTRUCTIVE TRUSTS 283
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and i
CASES. The figure in front of the colon refers in each instance to the volume.

conveyed by abuse of confidential Absolute


rela-conveyance in return for oral
tionship 37:661-62, 669 promise to support: its effect 12:559
Employee's right to patents obtained Absolute conveyance
pur- with oral agreement
suant to employment 36:468 to hold in trust 9:I50; II:202;
Liability of a director dealing with the 20:551-553; 37:656-670
corporation 21:51, 56 Absolute transfer on oral trust
Liability of guardian purchasing land with 33:696-697
ward's money 14:235 Acquisition of property on foreclosure on
Liability of partner purchasing oral agreementland to reconvey
in be-when reim-
half of partnership 13:458-459 bursed 33:699
Misappropriation of funds by corporation
Agreement to acqui
to discharge liabilities 7:312 42 :936
Pledge of corporate assets in violation
Bequests,of
devises, or intestacies secured by
covenant in debenture 49:628 oral or unattested written promises to
Recovery by employer of employee's earn-apply for others some or all of the prop-
ings from competitive business 47:352 erty so obtained 28:251-269
Right to reimbursement 36:350 Constructive trust based upon brea
Secret acquisition by joint lessee of new
oral trust 20:403, 412, 549-557
lease involving same premises 42:953Conveyance inter vivos upon oral trust:
Secret agreement for future partnershipwhether enforceable by cestui after set-
with lessor of firm premises 35:622 tlor's death 19:466
Trustee's duty of loyalty 49:521-565 Conveyance of land indu
abuse of confidential relations
Grounds: fraud 37:660-662
Assignment of judgment on note to priorEffect of fraud on the defense of the Statute
holder with notice of fraud 37:907 of Frauds 20:403, 412
Bankrupt a constructive trustee of con-Oral agreement by agent to pur
cealed assets I8:63 for principal I2:438
Bequests or devises induced Oral agreement
by promises to advance
on m
active solicitation, withland for another,
fraudulent intentconveyanc
at the time of promising, when reimbursed
or by one 33:698-699
in a
special confidential relationship Oral contracts to leave property by wil
28:372-376 33:933-935
Constructive trust in land fraudulently ob-Oral declarations of trust by grantor
tained by legislative grant 7:428 20:549-551
Constructive trust in land obtained by
Oral promise by grantee to pay money to
fraud 2:49; 37:660, 667-668 third person i5:752; 37:I53
Oral
Constructive trust of land obtained by trust
de- for third person who has gi
vise induced by fraud 37:670-671 consideration 20:555-557
Effect of fraudulent representations pre-Oral trust for volunteer 20:553-555
venting withdrawal of bank deposit Parol extinguishment of constructive trusts
45:1256 in land 42:854-860
Intended devisee's rights against one ob-Policy of enforcing con
taining devise by fraud or threats a legacy or devise or
33:422-423 is secured by oral p
Obligation of purported agent as to fraudu- broken 28:391-392
lently acquired property 24:672 Trust in favor of agen
Payment of certified check fraudulently ob- land in services 7:379
tained by bank with knowledge of fraud Where A is induced to refrain from
19:143 purchasing land on execution by B's
Right of assignee of fraudulent grantee, promise to buy and convey to A
with notice, to equitable relief 35:754, 37:663-664
774
Trust impressed on insurance moneys ob-
Innocent persons
tained by fraudulent purchaser of landBank as constructive trustee of deposits by
39:126 a trustee 34:468-482
Vendor's right to follow proceeds of goods Bank as constructive trustee
obtained by fraud 9:225 paper deposited for discount
22:I50
Statute of Frauds Bona fide assignee of constructive
Absolute conveyance and oral promise to of chose in action is not bound by
convey other land I2:506; I3:60o 23:310
Absolute conveyance and oral promise Contract
to by testator to leave property as
reconvey: its effect 7:187; 13:227; raising constructive trust 14:544
I8:614 Effect of co-devisee's promise made to pre-

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284 CONSTRUCTIVE TRUSTS -CONTEMPT
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain typ
CASES. The figure in front of the colon refers in each instance to the volume.

vent alteration of a will, upon other-prejudicing


co- jury 48:888-894
devisees 21:286 - prejudicing witnesses 48:895
Forged transfer - publication
of stock: in violation liabilit
of secrecy
feree 16:228; I7:357; 19:14I 48:904-906
Grantee of land conveyed under mutual - scandalizing court 48:898-904
mistake constructive trustee for grantor Violation of injunction in reliance on right
and privies 22:449 acquired subsequent to decree 46:518
Imposition of a constructive trust on ac-
count of a mistake 2I:434, 452 What constitutes contempt
Intended donee's rights against one procur-Acts done outside courtroom: whether dis-
ing different disposition 13:227 tinguished 7: 79; 12:427
Liability as constructive trustee of misap- Alien's refusal to testify in pro
propriated property or its proceeds exclude him 22:227
i9:511-523 Avoiding service of judi
Money loaned in ignorance of previous in- 27:165, i80
stitution of bankruptcy proceedings Bankrupt's contempt criminal in nature
against -borrower recovered from trustee 20:413
in bankruptcy 33:862 Bringing pressure to bear on attorney
Payment in anticipation of a non-existing 32: 74
legal liability 23:229 Case taken from jury because of newspaper
Promise of one of three persons comment whilenamed as
it was pending
tenants in common, whether binding on 28:605
all 24:578 Constructive contempt in England
Promises by less than 4I:1031-1043 all
devisees who take as tenants in common Criticism of cases decided by judges seeking
or joint tenants 21:286: 28:387-391 reilection 41:254
Right of injured party to follow misap- Criticism of judge: li
propriated property or proceeds satisfaction of judgment 18:392
9: 511-523 - petition containing matter reflecting on
Right of owner of stock converted by bank- judge 7:308
rupt to stock of same kind found in the -truth of statements as defense II:543
latter's possession 23:306 - when candidate for office 11:336
Rights of lender against previously mort-
Disobedience of consent decree 41:538
gaged property 34:86 Disparagement of prosecution by defense
Vendee of invalid bonds subrogated committee to 50:355
vendor's rights against obligor Disregard 10:316 of court ord
Volunteer: whether liable after transferring
taking of photographs
trust property 15: i60 40:1150
Wife not liable for fundsDisregard fraudulently ob- against another
of court's decree
tained by husband and spent by her for 17:133, 486
necessaries in good faith 33:983 Drama based on facts of pending trial
10:176
CONSULAR COURTS Freeing a prisoner committed for criminal
See Conflict of Laws, International Law.
contempt 39:267
History of contempt 41:270-272
CONSULS Inducing violation of probation as consti-
See Ambassadors and Consuls. tuting criminal contempt 40:644
Insults to the court directly or indirectly
CONTEMPT preventing the administration of justice
See also Bankruptcy, Constitutional Law, 2I:162-164
Courts, Equity, Injunctions, New Insults
Trial, to the king or governmental process
Trial. 21:161-162
Interference with receivers I7:g96
In general Knowledge of proceedings as a prerequisite
Compelling testimony of absent witnesses to punishment for interference with
43:121-126 property in custody of court officer
Contempt proceedings against persons not 43:494
named in injunction 46:1311-I317 Marriage by ward of court without its con-
Newspapers and contempt of court sent 23:222
48:885-910
Misrepresent
judicial proceedings 43:959
--abusing parties and witnesses
48:895-898
Newspaper comment: on matter not
- defenses 48:906-907 missible in evidence 12:427
- misrepresentation of -unfair comment
judicial before suit is pend
proceedings
48:906 17:280

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CONTEMPT 285
References in heavy-faced type are to LEADING AR
CASES. The figure in front of the colon refers in each i

Petition for recall of Impeachment


judge of asJudge Peck
contempt
31:893 37:1024-1027
Procuring institution Injunction restraining threatened
of fraudulent acts ofon
suit
manufactured evidence 28:426 contempt 10:176
Prohibition of foreign law as a defense to
Judgment by default
contempt proceedings 35: 6Ir 36:1026
Public assault on alleged informerJury
32:857
trial in contempt cases
Publication after termination of proceed- 36:1012-1016
ings 36:95, io6 Jury trial of contempt cases under Clayton
Publication of inaccurate Act 38:259 report of co
decision 21:366 Jury trial of
Publication of photograph of37:104
prisone
whose identity may Labor become injuncti
an issue
40:1150 42:791
Publication of testimony 7: 79 Legislative bodies: power of Congress to
Reilection after judgment of ouster from punish for contempt 38:234
office 20:316, 332 Legislative bodies: power to punish
Refiling of pleading thattempts has been 11: struck
117; I4:385
out 36:1036 Legislative limitations on
Refusal to obey courts a to chancery
punish for contem d
the king's seal 21:166-169 37:1010-105
Refusal to obey the command of the king
Legislative power to punish
21:164-166 contempt 48:848
Refusal to pay alimony 30:518 Legislature: power to
Unlawfully freeing a misdemeanant after for contempt of a co
sentence by court 36:94, io6 stitution 26:265
Violation by officer of decree against corpo-
Loss of a cause of action 36:1025
ration 47: 178- 179 Nature and scope of power 7:179;
Violation of an injunction against a nui-
ii:507-510; I2:427; I4:385; I5:z45;
sance on certain land by grantees ignorant 25:375, 385
of the injunction 21:220 Noncompliance with turn-over order of
Void injunction as insufficient cause
referee in for
bankruptcy 41:92
failure to serve execution 49:147 Pardoning power of executive over crimin
and civil contempt 36:617
Punishment for contempt Power of administrative tribunals
Act of 183I limiting power of federal courts 36:590, 591
to punish for contempt 37:1022-1038 Power of appellate court after reviving a
Advisability of trial by jury in cases of decree by supersedeas 21:444
criminal and civil contempt 21:171-174 Power of appellate court to punish viol
Application of de minimis in cases where tion of an injunction pending appeal
industrial friction is likely 37:271 21:444
Attorney's misrepresentation to court and Power of Congress to require production of
failure to appear in obedience to sum- documents and procure witnesses
mons as summarily punishable 44:989 40:153-221
Concealment and misstatement on voir dire Power of court to compel answer to inter-
46:1148-1149 rogatories 16:200-201
Conclusiveness of defendant's denial Power of court to punish afte
41:51-68 36:93
Contemnor's inability to make alimony Power of legislature to punish
payments as ground for release 46:1335 30:384, 395
Contempt proceedings before administra-
Power of lower court to pu
tive bodies 37:747 ence of a mandamus pendin
Contempt proceedings for violation of in-37:502
junction against patent infringement
Power of lower court to punish disobedi-
45:388 ence of injunction ordered by appellate
Continued imprisonmentcourt for civil27:589 con-
tempt as cruel and unusual punishment
Power of Presiden
46:I335 tempts of court 38:685
Denial under oath as defense 47:1179 President's pardoning power I6:2pr
Discretion of court in imposing penalties Privilege against self-incrimination in con-
I5:145 tempt proceedings 20:233
Procedure for constructive contem
Discretion of court over municipal corpora-
tions 20:150 England 41:1031-1043
English and American legislation
Prohibition agent's refusal to
contempt procedure 37:1049-1057 ant 46:343

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286 CONTEMPT - CONTRACTS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and


CASES. The figure in front of the colon refers in each instance to the volume.

Proposed constitutional regulations dence Rule, Penalties, Public Utilities,


to pro-
tect power of courts 13:615-626 Quasi-Contracts, Receivers, Reformation
Provisions for jury trial of contempt casesof Instruments, Release, Rescission, Re-
under Clayton Act 37:1038-1042 straint of Trade, Sales, Specific Perform-
Punishment of criminal contempt distin-ance, Statute of Frauds, Suretyship,
guished from coercing obedience afterVendor and Purchaser, Wagering Con-
civil contempt of a command tracts.
2I:169-174 Capacity of parties, see Conflict of Laws,
Restriction upon judge's power to punishCorporations, Husband and Wife, In-
for contemptuous publications during fants, Insane Persons, Municipal Corpo-
proceedings 36:95 rations.
Story of a notion in the Illegalitylaw of see
as a defense, criminal
Illegal Contracts,
contempt 4I:51-68 Champerty and Maintenance, Usury,
Striking out pleading with Wagering prejudice
Contracts.
36:1025 Liability for causing breach of a contract,
Supreme Court's power see toInducing
punish Breach for
of Contract,
con- Torts.
tempt of lower court 25:561
Sworn denial by defendant of acts In consti-
general
tuting contempt as conclusive 22:379 Basis of contract 46:553-592
Venue in proceeding under the Clayton Act and sovereignty 46:585-592
-contract
37:9IO - excesses of contractualism 46:668-571
Whether proceedings to punish for con-
- justification of contract law 46:571-585
tempt are criminal 22: 606 - social roots of contract 46:553-568
Whether proceedings to punish Changing
for con-mores and law of contract
tempt are criminal or civil 36:617 50:472-475
Effect of civil death statutes on power to
CONTRACTS contract 50:973
In general Inquiry into the pr
Contracts under seal contracts 46:1-43
Contracts implied in fact Recent developments
Offer and acceptance 50:449-475
Revocation of offer Contracts under seal
Consideration: theories See also Bonds.
Consideration: necessity Alteration before delivery: effect 9:489
Consideration: validity Defenses to contracts under seal in the
Construction early law 22:102-103
Conditions: construction and validity Equitable defenses: accord an
Conditions: excuse for non-performance 9:55-56; I7:466-467
Anticipatory breach - defenses peculiar to sureties 9:56
Discharge -duress 9:57-58
Defenses: in general -effect of pleas
Defenses: failure of consideration 9:49-58
Defenses: repudiation - failure of consideration 9:52-53
Defenses: fraud - fraud 9:51-52
Defenses: impossibility -illegality 9:52
Remedies: on contract - payment 9:54-55
Suits by third persons: in general Formalism in contract 46:582
Loss of instrument: effect at law and in
Suits by third persons: sole beneficiary
equity 9:49-50
Suits by third persons: promise to dis-
charge obligation of promisee Parol evidence to vary
Suits by third persons: defenses 8:177
Recent developments 50:457
See also Accord and Satisfaction, Admiralty,
Agency, Arbitration and Award, Assump-Specialty principle in the law of contr
sit, Bailments, Bankruptcy, Bills and 46:25-26
Notes, Bonds, Cancellation of Instru- Suit by one not a party to contract 25
ments, Carriers, Choses in Action, Con- Suit by orally disclosed principal whe
flict of Laws, Constitutional Law, Con- agent signs and seals as party 35:339
structive Trusts, Damages, Equity, Undisclosed principal cannot be held on
Estoppel, Forfeiture, Fraud, History such contract made in agent's name
of Law (Contracts), Illegal Contracts, 23:513-530
Inducing Breach of Contract, Infants,Validity as simple contract of sealed instru-
Insurance, Joint Debtors, Letters of ment invalid as such 8:II6
Credit, Limitation of Actions, Mas-
ter and Servant, Moratoria, Munici- Contracts implied in fact
pal Corporations, Novation, Parol Evi- See also Quasi Contracts.

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CONTRACTS 287
References in heavy-faced type are to LEADING ARTIC
CASES. The figure in front of the colon refers in each inst

Act done at request which Check sentturns out to


"in full payment": beof
effect
a tort against a third retention person 22:131, I5:589145
Agreement by promisee to act as trustee
Construction of offer: in "
sole beneficiary contract 32:289 delivery at X." 9:435
Alternative remedy to recovery on expressContract made by telephone:
contract for wilful default 33:395-396 ing I7:420
As creating servitudes, see Easements. Differing mist
Continuance in employment after expira- 47:365-3
tion of express contract I9:300 Effect of discl
Cooperation in performance, negligence in promise to employee 49:148
cooperation 41:398 Effect of postal regulations permitting
Distinguished from contracts sender to withdraw
implied in letter
law from mail
7:58-64 47:87I
Express contract unenforceable Guaranty: necessity of notice to guarantor
33:390-394 20:485, 503; 38:828
Implied-in-fact contractsGuaranty, and mutual assent
offer of continuing: what consti-
33:376-400 tutes acceptance I2:2 I5
Implied promise not to prevent Hardship resulting from allow
performance
I7:46 tion of offer for unilateral c
Implied promise to pay for work: effect of time before completion of act
intent to work gratuitously 11:415 ance 23:159-168
Implied promise to use diligence in for- Implied acceptance of
warding to commission agent I9:I33 ing 18:465
Implied warranties really a contract im- Implied authori
plied in fact rather than a quasi-con- I7:62
tractual obligation 33:383-385 Insertion of arbitration clauses in standard-
Implied warranty of seaworthiness as con-
ized order blanks 46:1274-1275
Letters of credit 32:10-13, 21-22, 33,
tract implied in fact preventing limitation
of liability 47:518 37-38; 37:324-331
Marriage contracts 27:378, 390 Limitations on "acceptance on mailing"
Patient's financial standing as element in theory 17:342,361
determination of reasonable value of phy- Logical difficulty of subje
sician's services 42:584 mutual assent 36:232-233
Mailing theory 49:59-61
Rescission: whether implied from executory
accord 9:285 Mistake as to identity of offeror com
-whether implied from
cating new
by telephone prom
39:388
same performance
Mistake as 7:308; 8:27,
to offeror's identity: 31
effect
9:220 acceptance I6:381
Sale of good will: implied contract notMistake
to in transmissio
compete 9:479 graph company 27:94
-implied contract not Mutualtoassent:
solicit former
objective and su
customers 24:311, 323 theories of formation of contra
Snapping up an erroneously low offer of
Nature with
accord: whether more t
offer 17:459-461
knowledge: does it create an implied-in-
fact contract 33:391 Necessity of contractual
Taking of property as an implied contract 49:1227-122
to compensate the owner 36:866 Necessity of notice to gua
Where parties proceed under mistaken be-
ance po:485, 503; 38:828
lief in existence of express contract
Offer for support of person by a
33:385-390 40:645
Whether right of dramatization includes
Offers calling for consideration
moving picture rights 30:83 a counter promise: general disc
23:159-168
Offer and acceptance Oral acceptance, parties intendin
Acceptance by appropriating subject mat- sign formal contract 8:498
ter of contract 38:520 Part performance as acceptance 47:873
Acceptance by mail: effect of United States
Performance constituting acceptance
postal regulations 7:3o0 26:274
- retraction by telegraph 16:523 Performance in ignorance of offer
Acceptance of offer known to be erroneous I5:484, 491
16:38I Performance without knowledge of the of
Anatomy and function of a promise fer: meaning of " arrest and conviction "
46:4-8 29:220
Bargain principle in the law of contracts Personal prejudice and the doctrine of the
46:23-25 undisclosed principal 44:1271-1275

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288 CONTRACTS
References in heavy-faced type are to LEADIN
CASES. The figure in front of the colon refers in

Principle of limited Benefit


responsibility to th
for
parent promise 46:33 o1:257-2
Printed letterhead: whether Consideratio
qualifying
acceptance otherwise absolute 8:427 Consideration
Reward: division among independent 50:45
claimants 27:185, 392 Consideratio
Reward to one contracting fictitious disease asset
after 38:239, 255
using patent medicine 6:203; 7:51 Desirability of enforcing all contr
Should mutual assent be tested objectively course of business 46:573-574
or subjectively 33:376-400 Ignorance of impossibility as affecting
Silence as acceptance in the formation sideration
of 32:679-688
contracts 33:595, 614 Legal detriment theory 8:27-38;
Silence as acceptance of attorney's 12:515-531;
offer I4:496-498,
as 505-508;
to fee in case of settlement 46:846 i6:32-32l, 326-328
Telegram of acceptance: whether sender Mutual promises as consideration for each
bound by mistake in transmission other 13:29-42; 14:496-508;
3:186; 24:244 i6:321-324; 27:503-529; 28:123-13
Tendency toward objective theory in Mutuality of engagement or underta
Anglo-American law 36:232 as consideration 28:121-134
Tender as acceptance of offer for a Nature
unilat- of consideration: in gener
eral contract 42:128 15:416; i6:319-328; I7:71-
Unauthorized acceptance by agent: ratifica- 26:429-436
tion by principal 3:9 ; 9:60-71; Ought doctrine of consideration to be abol-
12:279; I3:56 ished ? 49:1225-1253
Uncertainty: price left for future agreement Preexisting legal duty: confli
38:394 as to its effect 7:308; 8:27
When communication is necessary to ac- I2:519-530; 13:29-42; 14
ceptance 34:892-893 15:3I7; I6:324-326; 7:71-8
Relation is
When contract of life insurance to complete
parties and to th
33:198-222
complexity of idea of bargain
Whether communication necessary when 46:9-12
act done for unilateral contract Subscription cases 3:87; 11:62; 15:312,
34:892; 38:828 784-785; 17:278; 34:220
Whether performance without knowledge Uncertainty as to meaning 49:1226-1227
of offer is acceptance of offer of reward Whether it must be presently exchanged or
29:220 may be given subsequently 26:429-432
Revocation of offer Whether the consideration in a bilateral
Agent's unauthorized acceptance ratified contract is the counter promise or per-
after offer revoked 3:91; 9:60-71; formance of such promise 26:433-435
I2:279
Continuing offers under seal or for a Consideration:
con- necessity
sideration 27:644-654 Act of acceptance of offer for unilateral
Death of offeror, effect of: contract partly completed: whether basis
guaranty
12:215; 13:216, 222 for estoppel 23:166-168
Duty to prevent enhancement of damages Adequacy of consideration in equi
by breach of promise to keep offer open 33:834-837
27:650-652 Anomalous exceptions to doctrine
Irrevocable offers 27:644-663; sideration 49:1247-1251
5o:451-453 Compromise agreements with deb
Necessity of communication: theory of 49:1229-1231
Dickinson v. Dodds 18:139 Consideration in British civil-law
Offer to supply indefinite amountstions
as or- 5o:1267-1268
dered: how far revocable 7:51; 13:526 Effect of reliance on un
Offers contemplating unilateral contracts: 50:524
implied promise not to revoke Informal promises binding without con-
27:654-663 sideration 50:455-457
Remedy for breach of promise to keep offer Liability for non-performa
open 27:652-654 tous promise in tort and
Revocation of an offer to make a unilateral 5o:1234-1238
contract 42:128 Mutuality of obligation in s
bition contract 48:508
Consideration: theories Necessity of consideration in le
As applied to rescission 31:314 35:563-566
Benefit must be an exchange for theNecessity,
prom- when modifying ag
ise 38:240 ecuted 46:33I

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CONTRACTS 289
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Negotiable instruments 33:265 Extension of time by obligee 13:63


Non-negotiable note, action in reliance Forbearance or compromise of doubtful
upon I2:506 claim I:154; 10:129; I2:276; 13:148;
Promissory estoppel 14:62I; against
37:766
poration to Forbearance
abandon or compromiseconde
of ground-
ceedings 49:336 less claim
Restatement ? go - promise io:113-118;reasonably
12:517-519; 15:316; in
ducing definite and substantial action 27:510-511
47:365
Hardship resulting from partial perform-
Right to indemnity for expense
ance of unilateral incurred
contract being insuffi- in
reliance on gratuitous promise
cient consideration 46:22-23
to prevent revocation
Specialty contracts: of as offer
a requisite 23:159-168 for va
lidity 9:49 Illusory promise-promise to do an act
-in equity 14:387 which may be illegal at time of perform-
- presumption of consideration ance 42:829 inaccurate
Illusory promises 28:131-132
14:387
Subscriptions for charitable objects:
Information furnished byen-
a subagen
forceability 3:87; 11:62; 15:312; der a duty to principal as sufficien
17:278; 34:220 sideration 44:984
Suit by one not a party to contract Insurance contracts: later
25:386 sideration or conditions 2:239
Third party beneficiary contracts Keeping marginal account open as consider-
49:1231-1233 ation for broker's promise to protect cus-
Waiver of existing right, gratuitous promise tomer against past and future losses
involving I2:508; 15:858; I6:2r7 50:524
Whether validity of contract is dependent Marriage abroad in violation of domestic
on amount of consideration IO:I29 decree as consideration I6:140
Moral consideration: in general 13:58;
Consideration: validity 49:1241-1247
Agreement to pay county for special police - note made on Sunday, subsequent prom-
protection 38:260 ise to pay I5:317
Antecedent debt: purchaser for value
-part payment by check
8:509; Io:134; 11:64; than 14:74,
period 224;
of statute o
15:160; 33:272-273 fore action but payable
-as consideration for a negotiable
period instru-
22:63
ment 33:265 -statute of limitat
Beneficial interest ise
under mutual
14:229 ben
surance policy as
--voidconsideration contrac 3
Charitable pledge as obligation 15:73 in
"for an adequate and
Moving full
to promisor consider
from third person
in money and money's worth
37:325-327, 331-337 " 5
Composition agreement
Mutual promises in "with joint
voting trusts"
as accord and satisfaction 19:I3I io:437-438
Conditional promises 27:526-527; Orderly conduct on part of promisee as con-
28:126-128 sideration 4:237; 5:147; 6:442
Consideration invalid in part: illegality Part payment of a debt as consideration
II:I27; 12:283; 14:614; 21:549 11:193, 330; 12:521-527; 14:621;
-Statute of Frauds I2:424; 21:549 16:598; 21:443
Consideration moving from promisor not Past consideration: historical reasons for
essential in unilateral contract as dis- old doctrine 2:60-61; 49:1239-1241
tinguished from bilateral contract 19:379 -subsequent promise to pay for support
Consideration moving to promisor from of defendant's mother 15:671
third person 15:771; 22:223, 228; Performance of duty imposed by law
I7:563; 25:187; 29:99 38:260
Contracts to supply indefinite business re- Performance of preexisting duty 46:37-39
quirements 7:51; 13:526; 14:150; Preexisting contract with promisee: per-
30:517 formance of 8:27-32; 12:521-530;
Covenant not to compete made on entry 17:72-76; 24:498; 27:512-516;
into apprenticeship agreement 3I:652; 36:341
31:195-198 -promise to perform 7:308; 8:27-32;
Economic depression as consideration for 13:37-42; 15:317; i6:324-325;
agreement to reduce rent 50:1314 17:77-80; 27:525; 34:894
Effect of promise to purchase to amount of Preexisting contract with third person:
buyer's business requirements where no performance of 8:32-38; 12:519-521;
bona fide requirement exists 43:828 17:72-76; 27:511-512

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290 CONTRACTS
References in heavy-faced type are to L
CASES. The figure in front of the colon re

-promise to perform 8:32-38; 9:220; Implied promise to furnish reasonable


13:29-36; 14:498-505; i6:327; amount of work I9:214
i7:80-82; 27:520-524; 34:894 Implied promise to use diligen
Promise to do an act which may be illegal warding to commission agent I9: 33
at time performance is due as considera- Meaning of " restraint of princes " in char-
tion in bilateral contract 42:829 ter parties 32:839
Promise to do legal duty: reciprocal prom- Membership in social clu
ises as cross-offers to pair of unilateralas to amendment of constitution
contracts I9:379 I6:599
Reduced rates in Nature limitation
of shipping documentsof liabilito be ten-
carrier 24:59 dered under c.i.f. contract 35:47I
Subsequent promise Obligation ofafter
gold clauses 46:1234-1242
compos
creditors 2 7:588 Optional alternative performances 42:274
Surrender of useless certificates
Option IO:I29
to be exercised by defendant within
Voidable promises 27:528-529; a reasonable time 8:359
28:128-131 Ownership of X-ray films made
Warranties 27:529 cian in course of treatment 49:489
Particular words construed: "arrest and
Construction conviction" 29:220
Alternative contracts 14:613 -"delivery at X" 9:435
Construction of contracts of employment
Place of performance: presum
I7:357 no place specified 16:598
Construction of standard motion picture Price determined by buyer's satis
exhibition contract in favor of mutuality with items of cost 49:333
48:508 Price not definitely stated: whether
Contract of insurance in mutual company ment to pay fair value 14:463
includes contemplation of raise in assess-
Printed letterhead: effect upon written
ments 30:85 words 8:427
Contract to employ actor
Promise to pay "as soon as possible" as as i
he be given work to do 47:875 absolute or conditional 49:Iooo
Contract to perfect patentable deviceResort to extrinsic evidence in civil and
36:468 common law 48:553-558
Contract to perform to satisfaction of other
Services included in contrac
party 20:558, 572; 33:312 defense against counterc
Contract with impostor: whoSubstituted insurance policies 38:826
is promisee
39:65I Termination of employment at weekly
Contracts of affreightment 32:581 salary 40:646
Contracts of employment of artists Theory of interpretation 12:419
32:435 Unwritten renewal of previous contract
Contradiction of statutory definition by I9:299
trade usage 39:122 What law governs 23:563
Demurrage rate after unreasonable Whether right ofdelay dramatization
30:647 moving picture rights 30:83
Divisibility of area in contract restraining
trade 20:154 Conditions: construction and validity
Divisible contracts 11:415; 14:301 Condition inserted in compliance with vo
Duration of contract in the absence of a statute I5:72
specified time limit 33:6o8 Contract to perf
Duration of contract when concurrent con- party 20:558, 572
ditions of delivery and payment are not Covenants in lease as m
fulfilled 34:747 39: I02
Effect of exceptionDeclaration of holidays from
of vessel by seller as tim
condi
stipulated for loading vessel, when work
38:507
is done on holidays 21:217, 540 Effect of breach of condition preceden
owner upon the limitation of liability
Effect of provision in contract for verifica-
a charter-party 21:442
tion by one party on his right to sue for
deceit 2I:218 Effect of failure to stipulate tim
Effect of provision formance of condition
that 38:509 agr
be enforceable 37:i54 Limitation of time within which suit may
Guaranty of principal and be brought
compound in-I2:432
terest 12:284 Necessity of notice to gu
Guaranty of series ceptance andof
defaulttransact
20:485, 503
Happenings which, Price dependent
if on result of an agreed test
contempl
ties, would be deemed to excuse non- 8:286
performance 32:82 Satisfaction of a third person as a condi-

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CONTRACTS 29I
References in heavy-faced type are to LEADI
CASES. The figure in front of the colon refers

tion: architect's certificates 6:201; Defense based on repudiation distinguished


9:219; I5:48i from right of action 14:434
Satisfaction of promisor as a condition Early authorities cited in support of do
7:438; II:477; 12:496; 14:228 trine distinguished 14:429-432
Election of anticipatory breach as founda-
Validity of dismissal by private university
of student without stating reasons undertion of claim in bankruptcy 21:364
a reserved right so to do 41:395 Failure to act upon repudiation at once:
Warranties in charter-parties as expresseffect on right of action 14:439-441;
conditions I5:739 15:306
Warranties in insurance Implied subsidiary promise
contracts 20:233
36:597
Installment contracts 31:314
Insurance premiums: tender rejected
Conditions: excuse for non-performance
company 16:598
Acceptance of defective performance as ex-
Jurisdictions for an
cuse 19:208; 29:229
authorities collected 14:433-434
Enforcing a promise where the unfulfilled
express condition was illegal 39:771 Limitation of action 44:306
Forfeiture for breach of implied condition Limitations on the doctrine 14:439
of good behavior discovered after full No obstacle to suit by seller under ? 6
performance 50:1315 Uniform Sales Act 36:732
Objections to the doctrine, logical and t
Impossibility as an excuse 7:436; 8:286;
10:249; I6:452
nical 14:428-429, 434, 438
Option to sue for 46:27-28
Insanity as an excuse 15:749
Insanity of insured preventing notice
Origin of the doctrine 14:432-433
40:IOI6 Place where cause of action arises 34:554
Prevention of performance by sovereign Place where it occurs 43:957
acts of the United States 39:388 Provable claim in bankruptcy 20:66
Repudiation after full performance by
Refusal of appraiser named to serve 6:103
Waiver by conduct of promisor or his agent plaintiff 15:153
12:503; I5:575; I6:217 Tort aspect of anticipato
of contracts 41:340-376
Waiver by repudiation of promisor 19:63
- advantageous relations as a busin
41:352-354
Anticipatory breach - analogies 41:354-363
General discussion 14:428441 - formal objections 4I:346-352
-policy 41:363-376
Agreement to make plaintiff heir or legatee
13:223; I5:153 -preliminary survey of
Application of doctrine to unilateral obliga- 41:344-346
tion to pay money 39:268 Unilateral obligations 45:585
Application to insurance contracts 20:233
Arguments in favor of the doctrine
Discharge
12:62; 14:438 See also Accord and Satisfaction, Bank-
Bankruptcy as anticipatory breach of lease
ruptcy, Novation, Payment, Rescission.
47:489-490
Breach of concurrent conditions of pay-
Cases distinguished: defendant's perform- ment and delivery as extinguishing con-
ance impossible through his own default
tract 34:747
14:436 Discharge by al
-marriage promises 14:437-438 165-181
- rescission and suit for restitution
Discharge by promisee: whether available
14:434 against suit by third person 15:799-800
-suit for breach of implied subsidiary Payment of debt by stranger 7:437
promise 14:435-436, 437-438; 17:46 - by giving note 10: 59
- suit for full damages on partial breach
14:434-435
- time for performance to be fixed by act Defenses: in general
of plaintiff 14:436-437 Acceptance of defective part-perform
effect
Classification of breaches, anticipatory and 7:434; 10:54
actual 46:12-15 Agreements to suspend a right
Contract to pay if plaintiff 50:467-472survive
fendant, repudiated during
Availability in suit life of
between b
buye
parties 45:585 of defense arising out of letter
Conveyance of subject-matter to third per-
37:383
son: whether cause of action 8: z2 Breach in limine doctrine: gene
Critique of the doctrine 34:894-895 sion i:370-373; 9:148; 14:537
Damages: how determined I3:223; -distinction between law and equity
14:441 1:370-371

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292 CONTRACTS
References in heavy-faced type are to LEAD
CASES. The figure in front of the colon refers

- whether differing breachfrom


by defendantbreach
8:428; 14:294, afte
performance 9:148; I4:537 424-426
Contract by a state not enforceable-impossibility
by suit 11:126
against an officer 20:245 - inability of defendant to
Effect of receivership of corporation on 14:427-428
its executory contracts 26:72, 92 - prevention by defendant I4:294
- repudiation by defendant 14:421-426
Effect of receiver's rejection of contract ob-
ligations of insolvent 46:1113-1115-whether prevention the only excuse
Effect on corporate officer's term employ- 8:428
Failure of consideration as an equitable de-
ment of statutory provision for removal
" at pleasure " 50:518-520 fense 9:52-53
Exercise without cause of powerFailure to termi- of title:
nate 45:378 I5:86I
Failure of seller Failure to deliver
toan installment
give where de- not
for non-acceptance livery is to be in installments
of 3I:314good
36:73I-733, 76o Insolvency causing inability to perform
Forfeiture for breach of implied condition 14:427-428; 20:66
of good behavior discovered after fullInstallment contracts 31:3r4
performance 50:1315 Lack of coiperation by plaintiff 20
Increased risks 20:649 Lack of title to land as prospective fa
Moratorium: debtor not bound to invoke 39:I34
28:407 Land contracted for, taken under eminent
Principal's liability on contract made by domain I5:733
agent where third party thinks agent is Nature of defense
not within his authority 35:201 I5:153
Part performance of indivisible contract
Provision for cancellation not relied upon
at time of repudiation 44:646 i5:73
Ratification of infant's contract without Recovery of money paid for hiring ship for
knowledge contract is voidable 29:452 review which does not happen
Remedy not barred by rule against per- 17:199
petuities 20:240 Risk of loss between contract for sale of
"Restraint of princes" house and inconveyance
charterparties49:497
3I:799 Specialty contracts 9:52-53
Statutory informality as defense against
State prohibition of liquor selling as a
suit by government 29:453 ing rent of premises leased for oc
Substitution of vessel for one already tion de-
" as a saloon and not otherwise "
clared on as defense to buyer 38:508 23:229
Third persons' suits on contracts
Waiver of defense of defective performance
by payment 17:200 i5:797-798
Waiver of one defense Transfer
by reliance
to third person ofon an-
property consti-
other 38:520 tuting subject matter 14:427
True basis of the defense 14:424, 543
Defenses: failure of consideration What constitutes sufficient liability
As special instance of general quasi-contrac- 14:427-428; 16:523
tual principle in law of contracts Wilful breach not going to essence of con-
46:34-35 tract: recovery by servant guilty of
Basis of defense 14:427 19:466
Breach by plaintiff after Defenses: part repudiation
performance:
how far a defense 14:537 Basis and sufficiency of the defense
Breach of covenant to heat apartment as 14:424; I5:306
defense to covenant to pay rent Buyer's absolute promise to pay
39:1102 20:375-381
Excuses for repudiation: doubts of vendee's
Buyer's failure to pay as excuse for seller's
non-performance 34:329 solvency 14:428, n. 2; 16:523
Declaration of inability by plaintiff: Repudiation after part performance:
effect
14:427 whether the party who would rely on
Dependency of mutual promises 20:583 the repudiation need act at once 29:551
- in civil law 13:80-109 Repudiation as waiver of valid defense
Destruction of subject matter causing in- 19:63
ability I4:427 Repudiation on insufficient ground as
Divisible contracts: waiver of good excuse
recovery 25:386
when fu
formance is impossible 11:126 Repudiator's right to withdraw repudia
and enforce contract 49:651
Effect of divorce in ante-nuptial agreement
29:881 Suit for payments due before plaintiff
Excuses for plaintiff's non-performance:pudiation 16:64

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CONTRACTS 293
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refers

Time when repudiation Impossibility takes caused effectby do


ing or receipt of letter I6:64 30:185
What constitutes repudiation 14:317 Impossibility created by government em-
Whether defendant must have manifested bargoes 39:388
any election 14:426; 15:306 Impossibility due to
ation essential to performance
Defenses: fraud 36:6I8
Impossibility due to submission of faulty
Breach of marriage promise: how affected
by plaintiff's fraud 8:361 plans by defendant 32:738
Impossibility of public service compa
Concealment by plaintiff 20:413
erating under rates fixed by franch
Damage as prerequisite 48:480-485
Effect of an agreement to waive in the con- a defense 33: z00
Increased costs resulting
tract 24:53, 64
Misstatement of principal's 47:115-116 minimu
ing price by agent Intervening war 31:640, 66i to r
authorized
whole surplus 28:81I Legal impossibility caused by act of
fendant 18:64
Negativing formation of contract
9:51-52, 358; II:472; Nature
14:54I of the defe
I9:462
Negligence of defrauded party 11:472;
I3:222; I4:463, 54I
Part performance:
Promisee's fraud as bar to third person's when full perform
11:126
suit on the contract 15:797-798
Performance prevented by plaintiff
Right of parent to procure discharge of
20:643, 649
minor procuring enlistment in the army
by fraudulently misrepresenting age
Practical impossibility due to war-time
regulations 32:789-805
30:285
Spiritualistic predictions as fraud - compulsory government ord
duction 32:792-794
34:627-638
Validity of fraudulently obtained contract -interference by governm
purporting to waive defense of fraud rials needed in producti
tions 32:793-796
18:466
- non-binding regulat
Defenses: impossibility directly: priorities 32:795-805
Absolute impossibility: whether necessary -removal of subject matter by requisi
I2:501; I3:605 tioning 32:791-792
Appointment of receiver as preventing per- Public policy as defense fo
formance of executory contracts 42:576 ance 32:81
Casus and frustration in Roman and com- Recent developments 50:464466
mon law 46:1281-1300 Refusal by wife to sign conveyance of
Change in domestic lawhomestead
created by ordi-
as required by statute:
nance passed under authority oftoacontract
whether a defense pre-to convey
existing statute 38:393 by husband 23:65
Change in foreign law 16:64; 34:319,
Relation328 of impossibility t
Concealment by plaintiff 20:413 35:221
Contract made by promisor with knowl-Requisition of ship by government as ter-
edge of the impossibility of performance minating charterparty 40:305
"Restraint of princes " in charterparty
33:313
Defendant's contribution to his own inabil- 32:839; 36:217
ity to perform 36:618 Scope of defense of impossibility or frus-
Disease of defendant I6:604 tration 46:30-31
Effect of illegality of alternative obligation
Voluntary dissolution
to pay gold bullion 50:360 18:392
Effect upon gold clause of withdrawal
War of intervening as de
gold coin from circulation 48:133, carry
1074 mails I7:200
Failure of contemplated means of perform-
What constitutes sufficient
ance 27:180 13:605; I4:464; I5:63
Failure of police to suppr
strikers as Remedies:excusing
on contract breac
ment agreement 47:702 Action by attorney because of client's dis-
Foreseeable change in domestic charging
law no ex- him without cause 30: 83
cuse 19:134 Action ex contractu for death of wife
Ignorance of impossibility
20:148 as
sideration 32:679-688 Action for advance payments on contract of
Impossibility by law as excuse for breach
sale repudiated by buyer 24:405
of contract I8:384 Assent of director to dissolution of corpo-

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294 CONTRACTS
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refer

ration as for installments


affecting his rights as they come on
due after
con
of employment 44:646 repudiation by pupil 26:83
Breach of alternative promises 42:274 Successive actions for wages after disch
Breach of contract to labor a crime I4:294
Successive actions for wages by servant
24:39z, 40I
Breach of marriage contract, see Breach
after discharge 22:537
of Marriage Promise. Suit on separate installments b
Charterparties: right of charterer to default
re- on entire contract 16:303
cover hire paid by government afterTransmission
req- of funds by indirect drawing
uisition 36:217 40:481-485
-right of charterers to inrecover
Trust principle the law of contracts comm
sion from shipowners as trustees 46:35-36 for
brokers 32:289 Whether damage to contract right by negli-
gent act of third party is an actionable
Classification 46:15-18
Concurrent remedies: tort and contract tort 24:397, 412
7:187
Criminal prosecution for: " Peonage Cases "Suits by third pers
See also Mortgages
I7:121
Damages in general, see Damages. gage).
In general 9:233-241; 15:767-809
Enlistment: action by soldier to recover
pay 34:87 Abutting owner: recovery from contractor
Equitable remedy for sub-contractor's
ofnegligence by reason
prom
for the sole of benefit
contractor's agreement withofcity a
4I:97 25:289
Exercise without cause of power to ter-
Action by intermediate non-assuming gran-
minate 45:378 tee of mortgaged land for loss due to
Injunction against defaultbreach,of remote assuming
see grantee
Injuncti
Specific Performance. 49:652
Judgment on installments already
Addressee of telegram as beneficiary of con- d
faulted: whether tract a barwith sender
to15:143, 784; 24:4II
recovery
remainder i8:619; I9:619 Assignee of insurance policy as beneficiary
Jurisdiction of chancery in fifteenth of original
cen- contract 38: 02
tury 31:848-849 Bank checks: whether holder may sue
Liability for inducing breach of 9:539; contract i5:793
36:663 Building contracts: promise enuring
Optionor's liability for preventing option- benefit of materialmen 15:783; I6:
ee's acceptance of option 43:495 Cases distinguished: money deposited t
Principle of economy in remedies 46:31-32of plaintiff 9:240
-novation 9:239-240; I5:771
Principle of limited responsibility for breach
of contract 46:28-31 -promise to one who does not gi
consideration
Quantum meruit for benefit 9:239; i5:771 see
conferred,
Quasi Contracts. --property rights in third persons ar
Quantum meruit for part from contract I5:767-769 by
performance
party not in default II:342 - suit in equity by cestui to enforce
Quasi-contractual recovery for part iseper-
made to trustee 15:772
formance of a contract 44:623-628 Citizen suing on contract to supply
Recovery by employer of employee's earn- with water 13:226; 15:784; 20:242
ings from a competitive business 47:352 - at fixed rate 19:467
Recovery of full damages after partial Class indirectly benefited b
breach 14:294, 434-435; 5:397 suit by member of class 13:226;
Recovery of money due in the future I5:784
I5:397 Classification of cases in which action is
Recovery on contract for part performance allowed i:230-231; 8:505; 9:233-241
of indivisible contract 22:302 Consideration in third party contracts
Remedial principle in the law of contracts 49:1231-1233
Consideration moving from third person:
- right of promisee to choice of remedies
46:26-28 rights of promisee 29:99
Rescission, see Rescission. Contracts for the benefit of a third
Seller's remedies for breach of contract un- 22:223, 228
der Uniform Sales Act 36:731-733, 760-in the civil law I6:43-51
Specific performance, see Equity, Specific Contracts under seal: whether d
Performance. from simple contracts 15:802
Substance or obligation of contract distin- Donee accepting transfer of property con-
guished from remedy 16:262-271 ditioned on money payments to third
Successive actions by correspondence schoolpersons 12:564; i5:779-780, 782-783

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CONTRACTS - CONTRIBUTION 295
References in heavy-faced type are to LEADING ARTICLES; in italics to NOT
CASES. The figure in front of the colon refers in each instance to the volume.

Effect of Lawrence v. Fox on New York Contract made by labor union for benefit
law 21:426-430 of its members: New York law 28:427
English law: charterparties 32:289 Distinguished from cestui que trust
From whom consideration should move 12:564
34:893 Effect of relationship between promisee and
Incidental or indirect benefit: whether basis beneficiary 9:239; I2:560; 13:223
for action I4:546, 547; I5: 43, 802-803 Effect of release by mortgagor of grantee
Injunction to enforce promise at suit of assuming mortgage 47: i65
third person 15:785 Effect of rescission by contracting p
Insurance policies: suits by beneficiaries 28:321
14:375, 624; I5:779, 781-782;
English16:453
law 15:774-775
Liability of contractor to candidate for
Letters of credit 37:326
negligent installation of voting machine Limitations on the right to chang
48:1442 ficiary in a life insurance contr
New York law i:226-232; 12:560; 42:250-254
13:223; 15:780, 781, 785-786, 792
Massachusetts law 3:185; 15:778-780;
Obligations of the assignee of a bilateral 28:io6
contract 42:941-944 Right of the promisee to equitable relief
Pedestrian against street railway for breach 4I:97
of contract with city toSole
keepbeneficiary
sidewalk in 32:82
repair 25:738 Suit by 12:62
Possibility of bona fide purchaser
Technical objecti o
negotiable instrument as beneficia I5:77
contract between maker and
Whether payee
moral
39:879essential Io:180; 12:560; 13:223;
Promise to indemnify against 15:780-781dam
suit by person claiming damages
Promisee's rights: how
Suits by affected
third persons: by
promise to dis-
ficiary's right to sue 15:793-797 charge obligation of promisee
Property owner suing sewer contractor on
American law 15:785-787, 805-808
contract with municipality 45:379 Effect of suretyship relation between prom-
Recent developments 50:458-462
isor and promisee on promisee's rights
Recovery by third party on theory of 38:502, 520
agency 39:896 English law 15:775-776
Recovery of addressee for non-deliv
Equitable asset theory 15:776-777;
telegram 30:391 25:289; 38:503
Re-insurance contracts: suit by holder of
Indian law 27: 18
original policy 14:546; 15:803, n.i Obligations of the assig
Rescission of automobile liability policy by
insurer and insolvent holder after acci- contract 42:941-944
Relation of parties analyzed 9:513-515
dent 44:470
Retiring partner's debts: assumptio
maining members 9:220; 15:792 Suits by third persons: defenses
Review of English and American authorities Execution of insured for crime 14:375,
8:93-106; 9:234-237; 15:774-787 624; I6:453
Subscriptions for charitable purposes: suit Express conditions unperformed 15:797
by beneficiary 3:87; 11:62; 15:784-785Fraud, mistake or failure of consideration
Theory of letters of credit as contracts for I5:797-798
benefit of third party 32:15-16, 22, Murder of insured by beneficiary under
24-25 policy I4:375
Tort liability to plaintiff: promise to dis- Non-performance
charge I4:531 promise 15:798
Trusts of unsegregated Promisee's obligation
proceeds a
of life
surance policies as unenforceable as again
third party contrac
50:512-517 I5:793, 800
Undetermined and incidental beneficiary Rescission or release by
27:384 I5:799-800; 1
Undetermined person or class: promise for Rights of a donee bene
benefit of 9:539; II:415; I5:785-793; pality's contract 45:379
39:896 The widening scope of protection of
Vendor's lien given to beneficiary of con- tory construction bonds 45:1236-
tracts for sale of land 30:92
CONTRIBUTION
Suits by third persons: sole beneficiary See Joint Tortfeasors, Subrogation, Te
American law 15:777-785, 804-805 ancy in Common, Trusts.

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296 CONTRIBUTORY NEGLIGENCE
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain ty
CASES. The figure in front of the colon refers in each instance to the volume.

CONTRIBUTORY NEGLIGENCE Inconsistency of cross-claims for


Nature of the defense and contribution by joint tortf
Application against co-defendant 47:233-234
"Last clear chance " doctrine Injury received in attempt to save negligent
Statutory actions person 17:420
Comparative negligence Injury received
See also Employer's Liability Acts, Master gered by anot
and Servant, Negligence, Railroads, Intoxication of defendant 3:275-276
Torts, Workmen's Compensation Acts. Intoxication of plaintiff affecting contribu
tory negligence 3:274-275
Nature of the defense Landowner's negligence in allowing
Assumption of risk distinguished I4:75;bustibles to accumulate near railroad
20:17-18; 47:558-559 47:1446
Cases in which it applies 17:428 Look and listen rules, see Railroads, Street
Confusion with doctrine of proximate cause Railways.
39:152 Mitigation of damages 10:387
Contributory negligence and volenti non fit Negligence of an employee of a prohibi
injuria 8:457-461, 469-470 class no defense 33:109
Development of doctrine: whether Negligence
due to of child employee
class selfishness 25:353-354 prohibited by statute 33:109
Negligence
Proximity of legal causation as basis of the of custodian as imputed to chi
defense 21:234-242 47:874
Relation between contributory Nuisance created and
by plaintiff
tortiousas defense
negligence 29:40, 47 action for negligence 47:536
Rule denying contribution Presumption
between that jointdecedent exercised
tortfeasors as basis of defense care despite violation of traffic ordina
21:242-243 50:528
Theoretical basis of the defense Trespassing children on highway 20:3
21:233-260 Whether mental capacity of an adult pe
Theory of doctrine 3:267-270 may be considered 24:152
Voluntary assumption of risk as basis of
defense 21:243-251 "Last clear chance " doctrine I6:365;
2 I:238-242, 259-260; 26:369
Application Doctrine of Davies v. Mann 3:263-277
Aftermath of the Supreme Effect of concurrent
Court's negligence of plaintiff
stop,
look, and listen rule 43:926-932 27:757
Effect of indemnity agreement between
Application of admiralty rule in state court
25:387 joint tortfeasors 37:625
Arbitrary rules as to age of children How far explicable on doctrine
13:309 mate cause 39:181
Burden of proof 13:552 "Humanitarian doctrine" as applied to
--in wrongful death action 44:292 automobilists 37:9II
Combustibles, accumulation of, near rail- In admiralty I8:537
road II:555; 14:74 Proximate cause not prop
Contributory negligence Railway company's
as bar toliability
suit
tween joint wrongdoers I5:78 ure to protect imperiled
Contributory negligence of customer in 43:652
Statutory actions
leaving his property in store 20:491
Action
Contributory negligence of passenger in a against railroad un
taxicab 39:264 ute II:419; 25:463, 47I
Deceit, see Bar to recovery of damages
Deceit.
Defendant unable to avoid accident be- pure food act 50: 1316
cause of unlawful act I7:58Contributory negligence as a de
action in admiralty under a st
Degree of care required of children
I7:564; 32:434 statute 38:672
Contributory ne
Doctrine that danger invites rescue in ad-
miralty law 42:821 ficiaries in an ac
Duty to look before crossing street 26:93 44:294
Effect of reliance on observance Contributory negligence
of speed under the Feder
laws by defendant 28:436 Employers' Liability Act 28:163-185
Effect of statute of the forum Intent of statute
relating to to abrogate defense
proof of contributory negligence upon 25:463, 471
foreign cause of action 41:254 Negligence of beneficiary affecting actio
In action of deceit 49:830 for death by wrongful act 4: 43;
In admiralty 44:235-236 9:282; 10:529; 21:636; 27:87

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CONTRIBUTORY NEGLIGENCE - COPYRIGHTS 297
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain ty
CASES. The figure in front of the colon refers in each instance to the volume.

Property, Patents, Restraint of Trade,


Negligence of deceased in action for death
by wrongful act I2:357 Trade Marks and Trade Names.
Recovery by parent of child unlawfully
employed 38:695 In general
Proposed legislation protecting fabric de-
Comparative negligence signs 46:1196-1200
Combination of contribution with com- Relation to possible equit
parative negligence 47:237-241 chattels 4I:1005
Drafting a comparative negligence statute State tax on gross rec
50:152-154 ties from copyrights 46:162
Effect of assumption of risk as to one tort-
feasor on recovery and contribution Nature
48:517
Common law rights: distinguished from
Mitigation of damages 10:387
statutory rights 4:198-204; 20:143, I56;
Present Illinois rule 8:279, 356
35:6oo
CONVERSION - doctrine of " publication " 7:266
See Accession, Equitable Conversion,- Fix-
existence of rights 4:198-204
- nature and basis 4:204-205, 210-212;
tures, Trover and Conversion, Vendor
and Purchaser.
I2:553-556
- what constitutes publication 12:5I,
CONVEYANCES 436; I6:226
Effect of compliance with statute by
See Assignments for Creditors, Bankruptcy,
wrongdoer 35:600, 622
Chattel Mortgages, Corporations (Cor-
porations de facto), Covenants of Effect
Title, of statute on common law
Deeds, Dower, Easements, Equitable 39:649
Nature of statutory right 35:6
Servitudes, Fraudulent Conveyances,
Statutory rights: nature of righ
Future Interests, Husband and Wife, I2:553-556
Landlord and Tenant, Mortgages, Rent
Subjects
Charges, Sales, Statute of Frauds, Ten-
ancy in Common, Wills. Advertising 45:547; 46:332
Drama 44:628-632
COOPERATIVE MARKETING Encyclopedia articles: who entitled to
copyright 15:747
See also Constitutional Law, Federal Trade
Fiction originally publis
Commission, Restraint of Trade, Specific
Performance (Affirmative Contracts), 27:385
Unfair Competition. Is title to a poem subject
Amenability of co6perative marketing asso- 39:906
ciation to involuntary bankruptcy Musical idea 19:134; 20:327
46:326 Printed advance radio program 40
Recognition
Coiperative marketing associations as com- of legal rights in ideas -
right for abstract ideas 47:1419-
binations in restraint of trade 38:87
Shorthand
Cooperative marketing laws not invalid as newspaper reports of
denying equal protection of law 38:87speeches 13:517
Equity and agricultural coiperationUnpublished matter at
50:207-210 8:286; 12:51, 43
Dealings
Legal status of agricultural co6peration
4 : 678-681 Agreement in restrain
Legislation permitting organization 38:89
right-holders: whet
Remedies against third persons not parties
Assignments: whether
to the contract 41:668 restrictive agreement 13':53
Specific performance of co6perativeCombination mar-
of owners of separate copy-
keting contracts 47:1038-1041 rights to fix resale price: whether illegal
Statute making one liable who purchases 27:493
Effect of federal anti-trust laws on com-
products under contract of delivery to an
association 39:121 merce in copyright articles 28:394-406
Validity under common law 38:89 Effect of restrictive notice in book 22:228
Right of composer to recover copyrights of
COPYRIGHTS
songs after publisher's bankruptcy
In general 43:824
Nature Sherman Anti-Trust Law: how far in con-
Subjects flict with monopoly 31:439-443
Dealings Whether covenant by assignee to pay roy-
Infringement alties is an equitable servitude binding
See also Equitable Servitudes, Literary subsequent assignees 32:278, 290; 45:586

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298 COPYRIGHTS - CORPORATIONS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain t
CASES. The figure in front of the colon refers in each instance to the volume.

Infringement Directors: in general


Duties
Authorship of newspaper article changed byof directors
editor I7:20I Powers of directors
Drama in the
Liabilitylaw
of directorsof copy
Stockholders: in general
44:628-632
Rights of stockholders
Effect of assignee's failure to mark as copy-
righted the original picture 21:286 Powers of stockholders
Entertainment of hotel guests by reception Rights and powers of minority stock-
of music broadcast under restricted holders
license 47:703 Liability of stockholders
Hirer's liability Insolvencyinfringement
for b
pendent contractor 43:828 Reorganization
Dissolution
Hotel reception of broadcast music as a
performance for profit 43:318 See also Accounting, Agency, Associations,
Imitation of advertisement without exact
Bankruptcy, Banks and Banking, Bonds,
reproduction 46:332 Building and Loan Associations, Carriers,
Charities, Colleges and Universities, Con-
Infringement by radio broadcasting
39:269 flict of Laws, Constitutional Law (Trial
Injunction by one co-owner by of
jury),
a Executors
copyright and Administrators,
against infringement by Foreign
the other Corporations,
3o:91History of Law
(Corporations),
"Living pictures " representing Income Taxes, Interstate
copyrighted
paintings 8:176 Commerce, Mortgages, Municipal Cor-
Moving pictures of copyrighted porations, Negligence, Process,
drama Public
22:607 Utilities, Quo Warranto, Railroads, Re-
Of musical composition by perforated roll ceivers, Restraint of Trade, Taxation,
19:I34 Transfer of Stock, Trusts.
Of musical composition by transfer to
phonograph 25:561 In general
Publication of photograph with
Bank consent
holding of
companies--recent legisla-
subject 8:60
tion 48:665-672
Radio broadcasting 41:814; 46:136-137
Capacity of a corpor
Rights of assignee of common law copy-
of a trust 42:814
right I9:380 Corporations not for p
Statutory rights where
side the stateno notice
37:266
I9:380 Criminal liability 50:647-648
Unauthorized exhibition of motion pictures Developments in the law - 1931
by licensee 45:380 45:1374-r41r
Use of plaintiff's book Disclosure
as basis of corporate
of new affairs
work 47:335-343
I7:I33 -at common law 47:335-336
CORPORATIONS - Federal Securities Act 47:340-342
In general Interstate Commerce Commission
Nature: in general 47:339-340
Nature: personality - investigating power of Congress
Nature: distinction between corporation 47:338-339
and unincorporated association - National Industrial Recovery Act
Nature: citizenship and domicil 47:342-343
Disregarding corporate fiction --state corporation, public utilities, and
Stock subscriptions blue sky laws 47:337-338
Full payment of shares - stock exchanges 47:335-336
Promoters Entity or collection of individuals: t
Charters: grant, construction and amend- tive qualification of doctrine of sep
ment corporate entity 20:223, 234
Charters: suspension and forfeiture - an entity distinct from its members
Capital, stock, and dividends 24:257-262
Corporate powers and their exercise Equitable control 42:715-718
Liability for crimes Equity and the regulation of corporat
Corporations de facto terprise 50:189-192
Corporations de facto: tort liability of Essential attributes: early la
associates -modern law II:I97; 14:222
Ultra vires: basis of doctrine Failure to observe fiduciary prin
Ultra vires: what acts are ultra vires cause of economic breakdown 48:8-9
Ultra vires: effects Federal incorporation and securities regula-
Ultra vires: transfers of property tion 49:396-425
Ultra vires: contracts Formation of corpora
Officers: in general tors 46:416

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CORPORATIONS 299
References in heavy-faced type are to LEADING ARTIC
CASES. The figure in front of the colon refers in each inst

-Massachusetts statutes
General and special capacity: doctrines50:31-39 as
applied to corporations 9:263-268 Theories of the nature of the corporate unit
Government corporations 48:775-796 38:1086-1093
Growth of large scale corporate enterprise Trading corporations: regulated and joint-
50:28-31 stock companies 36:509-513
Inadequacy of state corporation laws Types of government corporations
50:57-59 48:777-780
Incorporation, multiple incorporation, and
the conflict of laws 42:516-549 Nature: personality
Labor copartnership in industry In general 19:222; 24:262-267;
35:910-925 31:991-1010; 32:689-864; 33:358-37
Legal status of American corporations in 42:715-7I8; 42:967-970
France 36:769 Appearance by attorney in fact 37:384
Liability of the trustee Civil law theories
underof corporate thepersonality
cor
indenture 42:198-248 24:253-257; 3I:996-1010
Massachusetts statutes as to business cor-
Corporate personality in income taxation
porations 36:523-544 34:573-591
Metaphysical nature in the -an eye
aid in of
reaching
the logical
law results
20:78 24:351-353
--misused and
Model corporation act annotated withmisapplied
ref- 24:353-360
erences to existing state -lawsshould be applied with common sense
48:1334-1380 24:360-365
Need for separate regulation Dogmaof andlarge
practicecor-
in the law of associa-
porations 47:1306-1307 tions 42:977-1014
Ohio Corporation Act of I927Eleemosynary corporatio
40:1143-1147 33:360-365
Progress of the law, I919-I920 Evidences that it is real a
34:282-308 creation of the state 29:408-416
Progress of the law on no par value Fiction, non-entity, and real theories
stock 37:464-477 42:517
Protection of corporate names
History and legal theories of group person-
46:1184-rr86ality 30:678-686
Incorporation,
Safeguarding the creditors of corporations multip
36:509-547the conflict of laws 42:516-549
- at the beginning of American
Personification of an entitylaw into a corpora-
36:516-523tion is a fiction 24:347-351
Servicing function of Philosophical
public utility and historical discussion
holding
companies 49:957-993 19:350-365
- federal regulation 49:989-993 Public corporation 33:365-368
-state regulation 49:982-989 Reorganized corporation separate entity for
taxation purposes 37:11-14
Subsidiary corporations and credit manipu-
lation 4I:874-893 Trading corporations 33:368-369;
Trusteeship in modern business 36:509-513
42:1048-1061 Whether real or creature of the state
Visitatorial jurisdiction29:405-407,
over corporatio
408-416, 423-426
in equity 49:369-395

Nature: in general Nature: distinction between corporation


Chartered corporations 36:513-516 and unincorporated association
Continuous succession: whether requisite In general 34:282-283
14:222
Bank continuing to operate afte
has expired 37:610
Corporation as a legal entity 33:878
Civil law commercial societies I5:60
Corporation may be a "respectable and
Dogma and practice in the law of associa-
responsible person " 24:236 tions 42:977-1014
Corporations at common law 2I:308
Corporations in international law 35:974Limited partnerships 14:222
Entity or collection of individuals: in gen-Voluntary associations 15:310; 33:298
eral 6:o04; 8:296-297; 34:582-586
Right to freedom of speech 48:507Nature: citizenship and domicil
Statutory developments in business corpo- Conclusiveness of statement of location in
ration law, I886-I936 50:27-59 charter 26:266
- federal statutes 50:52-59 Doctrine that corpor
- general characteristics of state
its laws
business is carried on 30:686-696
50:51-52 Domicil of corporation: how determined
- Illinois statutes 50:39-50 22:16-25

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300 CORPORATIONS
References in heavy-faced type are to LEADING ARTI
CASES. The figure in front of the colon refers in each in

Effect of multiple incorporation tion of contract on access


liability to em
to the federal courts 44: xo6-iiio union men 47:I35
Enemy character attaching to domestic Capture of vessels trans
corporation with alien enemies as share-corporation composed o
holders 30:83 28:335
Enemy character: Club selling domestic liquor toc m
composed of alien enemies 28:629 technical" sale " 4:I83
-foreigners incorporating in belligerent 13:694
state 15:60 Compelling holding com
- whether determined
subsidiary company's books 27:386 by
cial domicil 15:236 Control over public utility-affiliate con-
Federal incorporation: advantage over tracts 45:730
state incorporation 23:463-464; Corporate owner's
24:92-97 condemned land over which members
- powers of corporations created by Con- held easements as individuals 49:I373
gress 32:689-708 Corporations as " combinations " under the
Federal jurisdiction: basis Shermanand Act 23:366-370,
expediency 376-377
7:16-23 Creditors' rights upon insolvency of parent
- citizenship under diversity of citizenship corporation or its instrumentality
rule 38:510 46:823-828
- Criminal
corporation liability of officers
acting for corporate
under
15:60
acts 11:127
- corporationDeduction chartered of by
I2:350; I3:597; 16:562; 22:607 ling stockhol
-corporation created under act of Con- 44:4
gress for unorganized territory Degree of int
25:291 railroad and
- eminent domain proceedings i8:468 modities clause 50:322-325
- where corporation formed for diversity Disregarding corporate fiction in en
of citizenship 22:290, 303, 450; 36:482 commodities clause of Hepburn A
Franchise tax on corporation incorporated 24:672
in more than one state 30:5o0, 527 Disregarding corporate fiction to determine
Incorporation by two sovereignties nationality 31:1006-1010
12:350; 13:597; I5:236; 16:526; Disregarding corporate fiction to s
20:313, 335 just result 31:894; 39:652
Double liability of holding company's
Limitations on corporation containing alien
elements 31:1002-1010 shareholders on bank stock owned by it
Multiple incorporation 50:1182 49:I49
Nationality of corporation determined by of a restrictive trade agreement mad
Effect
chief place of business 31:996-1010 by one corporation upon a new corpora
Nationality of corporation in French tion
law composed of the same stockholder
36:769 21:445
Situs of a domestic corporation within theof resident agent law on corporation
Effect
state for the purpose of taxation with nonresident stockholders 4I:918
42:262-265 Effect on stockholders of contract made by
Status of corporation composed of enemy
corporation 20:223, 234
belligerent shareholders in a neutral
Emergency Fleet Corporation: n
country 33:374 from suit because stock is owned by
Taxation: when engaged in business
government 36:218
38:113 Estoppel against corporato
poration estopped i5:58i
Disregarding corporate fiction Exemption from state taxation of
See also Libel and Slander. of corporation whose stock is ow
Action against corporation whose sole Federal Government 36:738
stockholder is the state 36:739 Garnishment of debt owed corporat
Acts of corporations: when deemed acts action
of against stockholder 30:762
members 9:484 Growth of the distinction and the under-
Acts of members: when deemed acts of standing of it in early English institutions
corporation 4:36; 6: I04 30:561-588
Allocation of income by intercorporate Imposing stockholder
con- liability upon stock-
tract 44:935-953 holders of bank holding company
Assets of wholly-owned subsidiary as 48:669-672
debtor's "property" under Bankruptcy Individuals incorporating to enable suit in
Act, ? 77B 49:1136-1137 federal court 9:484
In income
Avoidance by dissolution and taxation 34:573-591
reorganiza-

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CORPORATIONS 301
References in heavy-faced type are to LEADING ARTIC
CASES. The figure in front of the colon refers in each inst

-" affiliated corporations"


out deduction34:588-590
for exempt securities h
by corporation
-comparison with general doctrine43:504
34:580-586
When interstate carrier forms new
- corporations formedtion toto evade
build a localsurtax
railroad 39:754
on
stockholders 34:587 When law and equity will disregard the
- effect of the stock dividend decision separate personality of a corporation
34:580-582 23:2l6, 222
- origin of the doctrine 34:577-579 Where no illegality is involved 35:204
-" Personal service corporations" With respect to statute of limitations
34:587 28:811
In inheritance taxation 39:898
Stock subscriptions
Injunction granted at suit of corporation to
Action by stockholder for breach of agree-
prevent damage to members I7:49 ment to subscribe to stock in unformed
Interest of alien enemy shareholders
33:371-375 corporation 44: 26
Allotment of shares: whether allottee im-
Judgment against corporation: whether
conclusive against stockholder 12:567; mediately a shareholder I3:519
15:857
Defenses to suit for unpaid subscriptions:
Judicial supervision of the one-man cor-
fraud by promoter 16:380
poration 45:zo84-ro89
-illegal act of corporation 9:485
Effect of dissolution of corporation on right
Jurisdiction by service on affiliate
to rescind stock subscription fraudulently
50:1135-1136
Knowledge of stockholder: when imputed
obtained 42:129
to corporation 11:477 Effect of fraud in proc
Land company: shares of stock upon duty of contr
as realty
or personalty 2:149-153 Effect of insolvency of c
to rescind stock subscri
Liability for acts of new corporation
formed by members of old 20:413 obtained 24: 47, I52
Liability of parent corporation for acts of Effect of insolvency upon dut
subsidiary 40o:IOI; 43:II54 bution 39:772
Liability of outsider o
Liability of shareholder in corporation
given to a promoter
holding bank stock to statutory assess-
ment thereon 45:580 stock 34:291-292
Liability on unpaid subsc
Motives of members: effect on legality of
corporation 17:533-535 solution for fraud 47:528
New issue of stock subscribed for: whet
Notice to officers of one corporation as
subscriber is a member 7:I20
affecting another corporation of which
Payment of subscriptions to capital stock
they are also officers 42:I077
Ownership of patent by majority stock- 34:285-288
Registration on books of corporation: effec
holder: effect 17:58 2:155-156
Ownership of stock by foreign government
Release of subscriber to capital stock: effect
as affecting amenability of corporation
to suit 42:1078 on creditor 25:278, 290
Subscription to
Right of one corporation tostock in unformed
prove corp
a clai
against a bankrupt tion: nature of transaction
corporation com- i6:
posed of the same individuals 23:2I6,
222 Full payment of shares
Sale of stock of lessee corporation asIn
bargeneral
to 20:40, 4I4
landlord's right to reform lease Application of " holding out " the
43:83I 39:757
Service of process on subsidiary domestic Application of "illegality" theory
corporation in action against foreign 39:758
corporation 42:955 Application of "trust fund" theory
Taxation: whether corporate exemptionI5:844;
in- 39:758
ures to benefit of shareholders Compensation of bankersI2:353 and promoters
Theoretical and practical objections through stock profits to the 42:748-765
doctrine 38:999 Consideration required for issue of no par
Tort action by corporation value stockfor slander of
37:470-471
officer I4:289, 305; 2I:6o; 22:62 Enforcement by one not a creditor
Transfer by insolvent to corporation cre- 772
ated for that purpose 17:201 Equitable considerations applicable to the
Validity of an assignment from one cor- validity of stock issues to bankers and
poration to another composed of the promoters 42:762-765
same shareholders 27:759 Liability of assignee of unpaid
Validity of tax on corporate shares with- 15:844

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302 CORPORATIONS
References in heavy-faced type are to LEADING A
CASES. The figure in front of the colon refers in each

Liability of innocent- donee whenof shares issue


organization
without compensation 40:779 10:53, 6x,
Liability of innocent purchaser of unpaid
Liability of an outsi
stock 26:540, 550 cable power given to
Liability of shareholders scribe for stock
for stock issued
34:291-292
for overvalued property 20:573 Liability of corporations on contracts m
by promoters 38:895, 897, 901
Liability of stockholder in suit by receiver
for unpaid stock subscription fraudu- Liability of promoters on contracts made
lently obtained but relied on by creditors
in the name of the contemplated corpora-
22:58 tion 34:289-291
Liability of stockholders to suit by receiver
Liability of promoter
for unpaid stock subscriptions moted on issue of stock for overvalued
38:112 property 35:765
Liability to trustee in bankruptcy for un- Liability of promoter w
paid balance of stock issued at discount tract with corporatio
29:855, 877 resented as about to be formed
Liability when paid for with property 40:780
16:382; I9:366; 22:322-334 Liability on stock improperly issued for
Possibility of enforcement by corporation services 31:894
39:759 Nature of liability of
Reduction of capital stock by credit upontracts by promoters 19:97-105
unpaid subscriptions 47:695 Promoter: a legislative problem 38:887
Right to complain of promoters' Rex andv.bank-
Kylsant -A new Golden Rule for
ers' stock profits 42:759-762 prospectuses 45:1078-1083
Theories of enforcement by creditors Right of person employed pending
15:844; 39:757 tion of corporation to recover fr
Promoters poration when formed 34:288-289
Underlying theory of promoters' stock
Compensation for stockholders actually in-
jured by promoters' frauds profits 42:751-753
47:1031-1035 What is a promoter 38:890-893,
Compensation of bankers and promoters 898-900, 900-902
through stock profits 42:748-765
Contracts made for corporation to be Charters: grant, construction and amend-
formed 33:IIo ment
-adoption or ratification Acceptance of charter as by corpo
consent to un-
7:434; 8:357; 12:506; 14:536 reasonable service 21:453, 539
-lease 18:620 Acceptance of charter including submission
Control by court and statute
to existing unconstitutional com
49:785-792 21:216
Equitable control of promoters' profits
Amendments: when constitutionally per-
42:753-759 missible O: I28, 520
Fiduciary relation 38:893-895 -whether acceptance by corporation
-duty of promoter to disclose interest
necessary 8:396-398
I3:602 I919-I920 decisions on formation of cor-
- effect of assent of stockholders on pro- porations 34:283-285
moter's liability to account for benefits Development of incorporatio
of unfair contract made with dummy act 50:28-29
board of directors 22:48, 58; 23:I47 Effect of after
-liability of a promoter to the corpora- later acquired
tion and to future shareholders 49:947-950
30:39-61 Exclusive rights: whether granted by im-
-measure of damages 30:45-50 plication i6:68; I9:380
- obligation to account for secretExtent profits of reserved power to
7:434; 8:178; I3:602 charter of a charitable corpo
- whether a fiduciary relation to the com- 40:891-896
pany in reality exists 30:39-44, 50-55Incorporation, multiple incorporation, and
Fraud of promoter: effect of corporation's the conflict of laws 42:516-549
assent in suit by subsequent purchaser of
Limitations on amount of property
stock 23:566 20:561, 573
- whether ground Nature for rescinding
of charter as affecting duty
tion contract I6:380 public utility to operate 37:368,
-whether ground for rescission by cor-
Power of majority to amend by-laws
poration I3:410 to expel competing shareholders 3
Individual liability: promoter-owner
Power of state under reserved righ of
"one-man" company 9:280;
amend corporate 10:53,
charter to authorize 304

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CORPORATIONS 303
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

abolition of sinking fund for redemption Distribution of corporate earnings bet


of preferred stock 43:656 successive beneficiaries of a trust
Reformation of charter for mistake of in- 44:10ro-105
corporators 28:519 Dividends: distribution between life tenant
Regulation of corporations construed
and remainderman as
Io:I87; II:339;
amendment of charter 20:634, 648 I6:54; I6:412-414; 18:621; 20:147
Repeal of charter: whether impairing obli---distribution between life tenant and
gation of contract 8:396-414 remainderman as determined by date of
Requiring railroads to make alterations closing of stock transfer books
when a highway is opened across the 38:245, 26I
right of way 21:288 -necessity of making up earned non-
Right of cumulative voting provided
cumulative preferred for in
stock dividends be-
by-laws but not in charter 48:509 fore paying any common dividends
Right of public utility to cease operation 38:686
without consent of state 32:716 - right of preferred stockholders to object
Statute allowing incorporation by pur- to extraordinary dividends 27:758
chaser of corporate property at fore- - right of stockholder to recover dividends
closure sale: scope of statute 14:531; informally declared 26:370
16:65 --whether dividends on preferred sto
Validity of assessment by subsequent law are limited to amount of preference
on corporate property the conveyance of 23:223
which was induced by promise of ex- Draft of model corporation act: provisions
emption 22:457 affecting share structure 48:1347-1380
-amendment of articles 48:1379-1380
Charters: suspension - articles 48:1353
and forfeiture
Statute suspending- authorized shares 48:1351-1353
corporation for non
payment of license -tax definitions 48:1347-1351
as affecting stock-
holders' right to sue 44:126 - distributions in liquidation
48:1377-1379
Capital, stock, and dividends - dividends in cash or property
Appropriation by managing stockholders 48:1368-1370
of the capital contribution of one- class
indebtedness 48:1358-1359
of stockholders to the benefit of another- issuance of shares 48:1354-1358
-purchase and reduction of shares
39:682-686
Attachment of stock: certificates held on 48:1370-1372
bailment not subject to attachment - reduction of stated capital
25:74, 85 48:1376-1377
-refusal of corporation to issue new cer--share dividends 48:1368-1370
tificates of stock 33:109 -shares purchased and redeemed
-stock of domestic corporation held by 48:1373-1376
nonresident 33:109 --stated capital 48:1359-1364
At what figure no par value Effectstock
of fall is cap- of fixed asset
in value
italized 37:474-477 surplus available for dividends--p
Authorized reduction ofutilities capital stock 46:722in
Massachusetts 36:533-536 Effect of judicial sale o
Capital increment as incometificates subject are to
outstanding
tax 38:828
33:895-897Effect of undistributed profits tax on finan-
Capitalized earnings of corporation cial policy of as an
corporations 50:332-334
increment in shareholder's wealth and Fractional shares under stock dividend
taxable to him upon payment of stock declarations 44:404-426
dividend 33:897-899 Increase of capital stock author
Capital of a corporation 22:319-338 commission: whether proper del
Capital stock reduction as affecting rights of power 21:205, 215
of creditors 47:693-698 Liability for unauthorized transf
Conflicting claims of life tenant and re-
on books of corporation 38:828
mainderman to "all stock - no cash"
Massachusetts statutes regarding payments
dividends 46:298-304 by a corporation in purchase of shares of
its own
Control over dividend declarations bystock
pub- 36:539-544
lic utility affiliates 46:513-515 Nature of stock dividend 33:890-891
Cumulation of dividends on non-cumula-Nature of the right represented by a share
tive preferred stock 42:805-809; 43:829 of stock 30:486, 516
Desirability of no par value stock 38:999
No par value stock 37:464-479
Differences between cumulative and non- Principal-- quantum or res: conflicti
cumulative preferred stock dividend theories of corporate capital
credit theory 42:805-809 46:776-794

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304 CORPORATIONS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Privilege taxes on corporations having no Stock Transfer Act 42:954


par value stock 43:104-109 Suit contesting ownership of sto
Property of singly and multiply at incorpo-
domicil of corporation 25:71
rated associations 42:542-547 Taxability of shares 34:306-308
Restrictions upon the transferability Taxation ofof
no par value stock 38:365;
shares of stock 42:555-559 39:289-306
Restrictive covenants in debentures Transfer of shares 34:304-306
49:62o-63I Unauthorized reduction of capital stock
Return on full-paid and passbook stocks of Massachusetts 36:536-544
building and loan association as interest Validity of irregular increase
or dividends 47:522 stock 39:269
When issue
Right of assignee of holder of ofstock
stock for certifi-
less than its value
cates in excess of charter limit
is wrong 30:
to other 85
stockholders 42:189
Right of preferred stockholder to enjoin
payment of dividends on common
Corporate stock
powers and their exercise
until allowance made Act for capital deple-
of administrative officer of a corpora-
tion by mining corporation 40:318 tion as a corporate act per se, not the
Rights of a bona fide pledgee of stolen stock act of an agent of the corporation
to dividends under the Uniform Stock 21: 535, 54I
Transfer Act 42:954 Agents: whether all persons are bound to
Sale of stock: implied warranty ascertain that cor- I7: 33
authority
poration is not merely Borrowing de facto on 21:294
their earning capac
-validity of secret agreement to redeem
debentures 24:389, 406
22:303 Capacity to contract: "general" and
Shares of stock: what states have jurisdic- "special" capacity 9:263-264, 266-268
tion to levy inheritance tax 38:809 Constructive notice of charter provisions
Share structure and financial operations of 40: IOIO
business corporations 48:1334-1345 Control over issuance of securities by public
Shares without nominal or par value utility affiliates 46:508-513
26:729-731 Corporate powers as powers in trust
Situs of stock 39:805-807 44:1049-1074
-at domicil of corporation 26:754 - power to acquire stock in other corpo
-for purpose of taxation 39:402 tions 44:1063-1066
Stock dividends: apportionment between -power to declare or with
life tenant and remainderman 44:1060-106
26:77, 89; 29:55I; 33:892-894-power to issue stock 44:1050-1060
-as income 37:7-14 -power to transfer the corporate enter-
-distinguished from cash prise 44:1069-1072
dividend with
right to subscribe to--reserved new power stock of the corporation to
33:891-894 amend its charter 44:1066-1069
-effect on market value of stock Corporations not for profit: stockholders'
33:885-887 meeting outside the state 37:266
-preferred stockholder's right to shareDelegation
in of powers of directors to execu-
stock dividends 26:75, 84, 656 tive committee 20:225, 234
-taxability as income 33:885-901 Donation by a chemical company to u
Stock dividends: fractional shares versities 34:555
44:404-426 Effect of a purchase
- provision for accumulation of credits shares of its own stock 4I:657-661
44:421-424 Enforcement against creditors' committee
-provision for issuance of scrip of corporation's contract to purchase its
44:413421 own stock 43:830
-provision for payment of cash Guaranty of bonds 31:492
44:407413 Holding stock in other corporations
-provisions in combination 44:424-426 permissible 15:492
Stockholders and the federal income tax Implied warranty in sale o
37:1-14 issues are all or in part u
Stock issued in payment for over-valued 2I:294
property 24:152 Materiality of notice to corporation wh
- standard of value 34:285-288 officer acting in its behalf has no pe
Stock issues by multiply incorporated sonal
as- knowledge of the matter in que
sociations 42:537 tion 26:246-252
Stock registered Mortgage
as of franc
held in trust
34:464-466
ment by water company 19:214
Stock sold in violation of blue
- rights of purchaser sky
on foreclosure la
void 47:703 Io:60; I6:65

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CORPORATIONS 305
References in heavy-faced type are to LEADING ART
CASES. The figure in front of the colon refers in each in

- whether valid I6:6q tion 9:541, 545; 12:128; 14:229;


Notice: whether corporation can have no- I6:530; 22:228; 37:263
tice 26:237-239 Negligence of agents 9:541; 12:128;
-how a corporation can receive 14:229; 16:530 n
26:239-246 Non-negligent ultra vires acts 14:295, 304
Power of corporation to pledge its own Responsibility for libel communicated from
bonds below par 47:1097-1103 officer to agent of corporation 30:88
- for preexisting debt 47:1100-1102 Slander 26:175
Power of corporation to purchase its own Tendency to treat c
shares I8:531; 34:293-295 29:413-4
- purchase from surplus assets of Tort
corpora- actions again
tion 27:747, 759 plary damages, w
Power to enter into partnership torts of agentor 7:45 traffic
agreement 17:481 - overissue of stock by agent 13:391
Powers of corporation - stockbefore 8oo00
certificate forged by agent 20:230
2:116-124
Practice of law 24:60; 3I:886, 891; Corporations de facto
44:zI14-1118 Basis of doctrine: comparison with de
Promise to repurchase stock as illusory con- facto public officers 20:456-458, 469;
tract 42:829 25:630
Rights acquired Bill in equityby purchaser
by corporation against direc-
utilities at judicial sale 50:1303-1311 tors: whether allowable 7:434
Rights of purchaser with notice of cor- Charter lapsed: whether corporation d
porate bonds issued for pledge at a dis- facto 13:690
count and to secure antecedent debt Chartering gover
4I: 063 corporation de facto 16:459
Seals: necessity before 1800 2:117-121 Collateral attack: corporation acting af
- whether requisite to corporate action expiration of its charter I3:690;
11:478 21:325-330
Singly and multiply incorporated associa-
- corporation acting without any author-
tions 42:516-549 ity 21:325, 330, 331
Subsidiary corporations
- corporation and credit
alleged to m
lation 41:874-893 decree of unrecognized go
-effect upon property of subsidiary 38:822
covenants affecting property
- effect of
of lease to corporation parent
lacking gen-
41:882-892 eral requisites 28:313, 330
- financial use of subsidiary 41:878-882- eminent domain proceedings 8:232;
Validity of mortgage not complying with I6:65; 20:472, 473, 474; 25:638-639
statutory requirement of shareholders' - on corporation lacking general requisites
consent 49:481 of de facto corporation in case the intent
What account chargeable with
to act as corporation was unknown intere
borrowed funds 20:327 2i:326
What law governs internal affairs
- on corporation organized under law not
50: I80-1182 providing for such a corporation
Liability for crimes 21:316-319, 323, 329; 23:308
In general 20:321, 328 - on corporation organized under uncon-
Act of servant within scopestitutional law 21:314-315, 322, 329
of authority
27:86 - on ground of fraud in incorporation
- under Elkins Act 22:537 20:222, 233; 21:325, 330-331
Can corporation have a criminal- mind
when corporation merely conduit of title
29:415-416 23:308
Criminal conspiracy II: I27 -when no compliance with statutory re-
False imprisonment 13:688 quirement of special certificate from state
Larceny 27:589 officer 23:481
Liability for tort committed
Comparisonbefore in-
with case
corporation 35:i98 feited 20:461-463
Liability of a corporation for punitive
Corporation dissolve
damages for the tort of an agent
tion as never having
33:III 47:528
Creation
Liability of de facto corporation by consolidation unauthorized
in tort
35:I98 until charter amendment 30:761
Libel 20:153 Dealings on the corporate basis
Libel and slander 14:289, 20:475-477305;
Malicious prosecution 13:59 Doctrine remedial to the associates
Negligence of agent of charitable corpora- 20:459-461, 469-480

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306 CORPORATIONS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Effect of enabling statute enacted after at- Ultra vires: basis of doctrine
tempted organizations 16:362; 17:357 In general 9:255-272; II:387-401;
Essential requisites to de facto existence I4:332-352; I9:222; 24:535
13:690; 16:362; 17:357; 20:464-465 Applicability in British civil-law jurisdic-
Estoppel as basis of liability in dealings on tions 50:1268-1269
corporate basis 25:631-638 Application of doctrine
Extent of doctrine: whether to be invoked union: voluntary associ
as exigency demands or to be always 25:598-601
applied 25:623-640 Early doctrine of ultra vires II:387-391
Foreign corporation abroad dissolved
Effect of theory at
that there is partnership
home by unrecognized government where de facto organization not consum-
37:6o6 mated 19:389
Implied warranty in sale of stock that the Estoppel: whether
corporation is not merely de facto I4:336-338
2I:294 Failure of ultra vire
of corporate pe
Liability of corporation for torts of asso-
General
ciates before incorporation 35: 98, 203 and speci
Liability of stockholders 40:521-566 ultra vires 9:263-264, 266-268
Liability of third person on contract with Illegality: whether basis of ultra vires
de facto corporation 25:636-638 9:256-261; I4:332-336
Nature of 42:1007 Public and private corporations 47:1158
Objection to doctrine:
Relationjudicial legislation
to quasi-contractual liability
25:627-629 47:1143-1144
Statutory
Partnership liability modification of the doctrine of
of stockholders
40:733-751 ultra vires 44:280-285
Possibility of corporate action, though un- Ultra vires acts of singly and m
authorized, without legal ifcorporation corporated associations 42:525-542
21:305-309, 317-319
Power of court to appoint receiver for cor- Ultra vires: what acts are ultra vires
poration de facto 22:369, 379 Acquisition and operation of street railway
by national bank 33:7i8, 726
Recognition by the state of acts of body
After-acquired clause in mortgage co
assuming to act as corporation without
legal authority 21:309-311 ing property then beyond power to
quire 49:947-948
Right of associates when sued as corpora-
Contracts to indemnify 47:1437
tion to set up their illegal organization
2 :331 Conveyance of corporate property to trus-
Right of banking corporation lacking even tees 2:144
general requisites of de facto corporation Corporation
to sue on contract 2I:316 tion to take
Right of corporation lacking even general 22:537
requisites of de facto corporation Displaying advertising
to sue signs upon the out-
on contract 21:315-319, 329-331 side of public omnibuses 21:445
Sale of stock 20:413,472 Distinction between powers and objects in
Suit on stock subscription 20:327; articles of incorporation 46:1337
25:638-639 Gifts of stock by corporation to employees
Tort liability of de facto corporation I6:53z
35:I98 Horse-car line changing motive power to
cables I4:295
Corporations de facto: tort liability of Ill-defined object
associates 32:279, 290
Operation of branch banks by national
Associate who has not ratified or authorized
the acts of corporation which has notbanks 37:899, 907
Partnership agreement
general requisites of de facto corporation
2I:326 banks to purchase pap
Associates for tort committed by agent bank and pool losses 46:519
20:456, 472, 473, 474 Pledge of assets by bank 47: 107-1018
Power of cooperative corporation organized
Associates who have contracted as corpora-
tion but have failed for various reasons to warehouse and sell cotton to trade in
to be even de facto corporation futures 45:1393
21:311-315, 320-329 Power of corporatio
Associates who have formed recognized de cattle to contract f
facto corporation 21:322; 25:632-635 45:I393
Corporators when de facto organization Power of fraternal order to hold stock in a
not consummated 8:428; 9:431; io:6i corporation organized to finance and
Liability of directors as partners 25:47I build meeting house 45:z393

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CORPORATIONS 307
References in heavy-faced type are to LEADING ARTI
CASES. The figure in front of the colon refers in each in

Gifts
Power to pay pensions to to corporation
retired 8:26; 9:350; II:62,
employees
45:1393 470; 15:240
Practice of law 45:1393 Lease by corporation 7:308; 8:506;
Property acquired intra vires for ultra 10:371;
vires 14:332-352; I5:233
purpose 8:19-21; 9:546; I5:233 Lease of franchise forbidden by law re-
Purchase by national bank of stock in strained at suit of attorney-general
building corporation 29:320, 330 6:206
Sale of stock to another corporation Liability of national bank acquiring shares
20:495 in partnership 17:407
Speculation in cotton by a corporation May a corporation acting ultra
formed for the operation of cotton gins conduit of title 34:292-293
34:293 Realty acquired ultra vires 8:15-26
Subscription to stock when " purchase " of
stock authorized i6:5Io Ultra vires: contracts
"Trusts" and combinationsInformed by
general 9:255-272; 11:391-393;
conveyance to trustees 2:144 14:338-352
Avoidance of contract: rights apart from
Ultra vires: effects contract against party avoiding 7:308;
In general 18:461 8:5o6; 9:285, 546
Collateral attack onConstructive purchase notice of charter
by national
bank of stock in building corporation 26:540, 550
29:320, 330 Continuing contract for unlawful purpose:
effect of plaintiff's knowledge of purpose
Constructive notice of charter in ultra vires
transactions 26:540, 550 27:680
Executory
Exercise of general corporate power ultra vires contracts
for
particular ultra vires purpose 18:463 24:534-547
Lease by
Forfeiture of charter; whether ultra corporation: lessee refusing to
vires
gound for forfeiture Ii:387-401 continue as tenant 10:371
-lessee's liability for rent Io:371; 15
-holding property in excess of charter
limitations 20:56r, 573 --liability of surety of lessee Io:3
Liability of national bank as agent - quasi-contractual
for un- remedy against le
disclosed principal in purchase of stock 7:308
47:o1057
- whether lessee must make restitutio
Non-negligent ultra vires act: whether 8:506
creating tort liability 14:295 Liability of one receiving corporate ca
Quo warranto against private corporations in payment of personal debt of sto
41:244-248 holder 34:888, 891
Receiver's right to recover bank's collateral Liability on contract of gua
pledged ultra vires 47:1022-1023 fendant received no be
Recovery of proceeds of sale of assets Money paid under contrac
pledged by national bank 50:981 coverable in quasi-contra
Right of a corporation to enjoin municipal Necessity of state's followin
interference with advertisements whose as to ultra vires contract of national
display is ultra vires 21:445 farm loan association 49:653
Statutory modification of the doctrine ofPart performance: remedies open to party
ultra vires 44:280-285 performing 7:308; 13:402; 23:627,
Ultra vires acts: whether illegal per se 641
Personal liability of agent 26:542, 550
9:256-261; 14:332-336
Powerright
- whether state alone should have of bank totoguarantee deposits of
interfere 9:255-272 another bank 50: 30
Under what circumstances Power an ofindividual
national bank to guar
of a attack
should be allowed collateral third person 42:432
23:495-512 Recovery in quasi-contract of mon
loaned to corporation 48:68i
Rights on contract against party avoidin
Ultra vires: transfers of property 7:308; IO:371; 13:402; 15:233
Assignment of franchise to an individual Ultra vires acts of national banks 33:718
who in turn assigns to a corporation Ultra vires contracts in federal courts
21:57 19:6o8
Bequest and devise to corporation in ex- Validity of act depending on facts pe-
cess of charter limitations 9:350; culiarly within corporate agent's knowl-
II:62, 470; 20:56z, 573 edge 23:567
Collateral attack denied when corporation Whether executed
a mere conduit of title 23:495-512 should be the fou
Conveyance by corporation 14:340-352 liabilities 23:495-512

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308 CORPORATIONS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Officers: in general Eligibility of dummy directors 25:85


Act of administrative officer of a corpora- For whom are corporate managers trustees ?
tion as a corporate act per se not the act 45:1145-1163
of an agent of the corporation For whom corporate managers are trustees:
21:535, 54I a note 45:1365-1372
Agent: personal liability for ultra viresInterlocking directorates in
transaction 26:542, 550 26:467-492
Agents: all persons bound to -common-law remedies 26:471-480
know author-
ity I7:133 -proposed statutory remedies
Control of executive remuneration--the 26:480-488
American Tobacco Company bonus plans -whether Sherman anti-trust law is ap-
46:828-834 plicable 26:488-490
Knowledge of a director as
Criminal liability of corporate officer sign-
ing check under bad check laws 42:824 corporation 34:656, 674
De facto officers 25:550 Private interest of director: effect on con-
Effect on term employment tracts of corporation 16:366, 510, 585;
of statutory
provision for removal " at pleasure " 26:472477
50:518-520Sale of vote: effect I6:366
Formalities requisite in proceedings for
Service on director not communicated to
amotion 45:929 corporation: effect on judgment I3:606
For whom are corporate managers
Right to buy trustee
corporation's property at exe-
45:1145-1163
cution sale 2I:Sr, 56
Right
For whom corporate to enforce
managers are penalty
trusteef
a note 45:1365-1372 by corporation 27:597
Illegality of agreement by Right to loan to of
officer corporation
cor- i8:3I2
poration to procure a contract from
Right to salary when hethe
holds in trust the
corporation 32:858 shares he is required to hold as director
Inspector of elections elected by share 21:217, vote366
36:754 Voting as stockholder to ratify acts void-
Knowledge of officer: when imputed
able for director's interestto
16:585
corporation 10:3II; 15:489 Whom directors intend to be beneficial
Liability of president to corporation for
owners of dividends in closing books for
secret profits 33:473 the purpose of dividend declaration
Limitations on corporation containing alien 38:245, 261
element 31:1002-1010 Duties of directors
Officers appointed by Degree de factoof care officers
required towards
as corpora-
becoming de jure officers tion 25:550, I5:479562
Privilege against self-incrimination General duty to shareholders
of cor-42:188
porate officer ordered toupproduce
Setting in- to guide
standards of conduct
criminating books 25:96 and control directors 47:1317-1329
Procuring corporation's breach To act in body I8:540
of contract
48:298-302 To disclose material facts w
Regulation of bank officers by the banking stock i7:58
act of 1933 47:326-329 To issue no par
Right of president to file answer intereststo in- of ex
voluntary petition in bankruptcy To protect th
35:339 participate in dividends 39:680
Sale of influence in corporation 16:366 To warn depositor of insolvency of bank
Tort action by corporation for slander of I6:66
officer I4:289, 305; 2I:6o; 22:62 Powers of directors
In general 8:295-316
Directors: in general Before I800 2:158-159
Common director of two companies: right
Directors' consent as defe
to act in transactions between them for wilful misappropr
9:218; 15:672; 16:510, 585funds 49: 0oo
Danger of "shirtsleeve" directors: need Discretion in decl
of responsible board not connected with Power to institute
management 47:1307-1317 without stockholders' consent
1919-I920 decisions as to directors and 50:662-667
officers 34:296-298 To appoint executive committees
Directors who do not direct 47:1305-1334 20:225, 234
-conditions and practices in England: To determine value of property purchased
ethical and legal 47:1317-1327 with capital stock 22:322-334
Duty to disclose material fact when Validity
pur- of assignment by less than a
chasing stock 46:847 quorum 44:864

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CORPORATIONS 309
References in heavy-faced type are to LEADING ARTIC
CASES. The figure in front of the colon refers in each ins

Validity of debenture issued means of control


by of directors
irregularly
appointed directors to one of the47:1323-1329 direc-
tors, acquiesced in by all bill
Remedies: the individual
by receiver against delin-
stockholders 40: I15 quent directors 20:70
Voluntary petition in bankruptcy - mandamus 25:562;
to compel state
35:195, 201 bring statutory quo warrant
--under charter forbidding directors to unlawfully usurping office in
assign 35:203 poration 21:371
Whether directors -rightmay ofprefer
majority sto
them
I0:247; I5:409; I6:304; 38:521 pel them to act I9:620
- right to avoid transactions wi
Liability of directors 25:553, 562
Accountability for profits from contracts - what acts are subject to inter
of corporation in which they had a pri- stockholders 23:55I, 567
vate interest 26:477-479 Statutory liability: enforcement i
"Bankers' control ": joint liability eign jurisdiction
of man- 6:154, 446; 14
agement stockholders and directors for I7:I92
mismanagement 39:690-692 - for improper declaration of dividends
Character of liability for negligence 45:1391
38:108 -of bank directors 47:1428-1433
Circulars and proxy forms charged to cor- - when penal in nature 6:154, 446;
poration 20:328, 572 14:620; I7:192
Control of executive remuneration -the To corporation for torts committed in its
American Tobacco Company bonus plans name for their personal ends 26:267
46:828-834 To disclose condition of corporation
Criminal liability: negligence I7:347 47:335-336
-ultra vires application of funds 20:148 To stockholders for losses caused by ab-
- under New York statute for campaign sence upon vacations 23:309
contributions g9:6Iz
Degree of care required of Stockholders:directors in general
I9:613; 23:309 Contract limiting number of shares to b
Duty to disclose information when buying held by each 20:328
shares 47:353 Control over proxy machiner
Extrastate enforcement stockholdersof statutory
47:1314-1317
bility 46:211-214 Covenants by stockholders not to comp
Gifts of corporate funds to charities 46:1192-1193
45:1158 Creation of quasi-public corporation
Immunity of directors in England protect interests of investors
47:1320-1321 47:1329-1334
In deceit for declaration of dividend out of Distinction between relation of corporat
capital contrary to statute 25:88 to stockholders and of agent to princi
Liability of bank directors for money re- 36:740
ceived after insolvency 14:464 Duty of managing stockholders not
Liability of director misappropriating funds appropriate the capital contribution
to pledgee of stock 9:545 one class of stock to the benefit of an-
Liability to corporation for injury to sub-
other 39:682-686
sidiary 50:964-968 Forfeiture of charter for
Liability to creditor for transferring holders 4:36; all 6:104
corporate assets to another corporation
Liability of director for dam
23:309 poration as stockholder in an
Liability to individual stockholders and to poration 28:409, 427
the corporation on sale and purchase ofLiability to corporation and cre
stock 45:1389-1391 ture of liability imposed by st
Liability to stockholders for excessive sal- 36:479
aries paid to themselves Meetings and other em-
of singly and multiply incor-
ployees 26:541 porated associations 42:520
Liability to third persons for that
Presumption nonfeasance
management stockh
43:959 have assented to action of directors
Nature of statutory liability for debts39:692
45:1392-1393 Restriction on transfer of shares in
Negligent misstatement as to condition of ment of association 28:705
company I2:22I; 2I:145 Specific performance of contracts for
Procuring corporation's breach of contract
controlling stock interest 49: 22-128
48:298-302Status of alien enemy shareholder
Publicity, prohibition, and liability as 33:371-375

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310 CORPORATIONS
References in heavy-faced type are to LEADING ARTICL
CASES. The figure in front of the colon refers in each inst

Stockholders and the federal income tax pledgor for injury to corporation
37:1-14 46:1026
Unreasonable refusal of a director to con- Right of preimption 18:541; 20:398,
sent to stock transfer 31:654 414; 39:678
Validity of proxy given by voting-of preferred stockholder 26:75, 84, 656
trustee
46:333 - participating shares 42:189
Rights of stockholders -treasury shares 42:197
Attachment of stock in action against - when not applicable 42:196
stockholder-duty of corporation to - when shares may be issued for less t
answer or give notice 47:351 their value 42:189
Compensation for stockholders actually -whether
in- acquiescence
jured by promoters' fraud assignee 16:449
47:1o3-Io035 Right of preferred
-individual action by stockholder payment of dividen
47:1032-1033 until allowance mad
- recovery by corporation 47:1034 tion by mining corporation 40:318
- recovery by corporation in trust for in-Right of stockholder of parent corporation
jured stockholders 47:1034-1035 to inspect books of subsidiary
Control of directors: publicity, prohibition, 50:967-968
and liability for damages 47:1323-1329 Right of stockholders of bankrupt build-
Corporate powers as powers in trust ing association to vote for trustee
44:1049-1074 30:285
Right of stockholder who received stock
Disclosure of corporate affairs 47:335-343
Effect of a purchase by a corporation of from participant in wrong to compel cor-
shares of its own stock 4I:659-661 poration to assert claims 33:979
Equitable control over power of manage- Rights of stockholders in corporation be-
ment in the interests of all stockholders fore 1800 2:159-160
39:677-682 Right to compel direct
In bondholders' committee in reorganiza- Right to contest volun
tion 41:381 bankruptcy filed by directors 35:95
Inspection of Right tocorporate
contribution from defrauded sub- re
and American rules 13:411; 23:641 scriber to stock in an insolvent corpora-
-inspection for purposes inimical to cor- tion 39:772
poration 25:662 Right to contro
Nature of stockholder's agreement
rights: 23:551,in 567general
2:149-155 Right to have a fair election
Non-cumulative preferred stock and divi- 30:763
dends 45:1374-1376 Right to have a ratable retire
Preemptive right of shareholders ferred stock 39:679
42:186-197 Right to have new certifi
-to subscribe to new shares purchaser at judicial sale of
43:586-616
Preemptive rights of common nonresident 33:109
and partici-
pating shareholders 42:192 Right to have receiver app
-of non-participating shareholders vent corporation 37:267
42:193 Right to issue no par stock at
Priorities on dissolution 45:1376-1382 impairing proportionate inte
Recovery of proceeds realized from doubt- existing stockholders 39:679
ful assets for which assessment was made Right to vote: in general I7:364
4I:532 -by shares applying to election of in-
Redress for indirect injury to stockholder'sspectors of election 36:754
interest 22:594, 6o8 -in general: "voting trust," statutory
Remedies of stockholder of limitations
parent corpora- 39:675
tion for injuries to subsidiaries -limitation of right to el
50:963-968 I9:62, 378
Right of cumulative voting provided for in-New York statute prohibiting voting
by-laws but not in charter 48:509 trusts in banking corporations
Right of holder of voting trust certificate 40:o08
to institute proceedings to wind up an --" ratifying " contract voidable for his
insolvent corporation under statute al- interest as director 16:585, 599
lowing " any creditor or shareholder " of- sale of vote 16:366, 373
the corporation to do so 22:609 - voting by proxy io:432, 433
Right of holders of non-voting stock to
-voting rights: before 800o 2:156-158
vote on question of dissolution -"voting trust," legality io:428, 438;
40:994-997 15:756; 24:r5, 61
Right of pledgee of stock to recover -from voting trusts 29:433, 453

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CORPORATIONS 3II
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain typ
CASES. The figure in front of the colon refers in each instance to the volume.

-voting trusts, nature and validity -federal rule 21:198-203


40: o06 -necessity that other remedies be ex-
- voting trusts, statutory prohibitionhausted 21:196
against deposit of stock in an existing
To dissolve the corpo
trust as impairing obligation of contract
sent of minority st
40:o09 30:335-3
To
Shareholders as creditors in bankruptcy re-form a new com
organizations 49:1175-1176 and transfer the assets to it
Stockholder's bill under Federal Equity 30:360-366
Rules of I913 29:66 To sell the assets to another corporation
Stockholder's suit as bar to similar suit by 30:353-360
other stockholders 47:1054 Validity of election after quorum broken by
"Surplus" of insurance company: whether withdrawal of stockholders 25:290
distribution compellable 13:301, 306 Vesting of voting powers in a minority of
Testamentary voting trust 35:212 the capital stock 39:673
To inspect books of corporation in process
Whether statutory power of two-thi
of bankruptcy reorganization jority to authorize leases can be li
49:XI52-1i53 by contract of corporation 37
"Trusts "; rights of stockholders in con-
stituent corporations i:138-141 Rights and powers of minority stock
Vesting of stockholder's rights in trustees
Analogy between stockholders' and tax-
I8:533, 54I payers' suits 50:1276-1278
Vesting of voting powers in a minority of Applicability of appraisal statute to sto
capital stock 39:673-693 holders in corporation retaining identi
Voting rights of management in stock sub-
merger 46:332
ject to rules governing fiduciaries Basis of equity jurisdiction
39:686-690 jority from harming the c
When right to vote by shares is suspended 22:591, 608
36:754 Effect of appraisal statutes
When voting is by shares andjoin
whenunfair
by action 45
heads 36:754 Equitable relief against m
Whether dividend rental guarantee
unfair apportionment to
lessee can be reduced without unanimous ferred stock 45:929
consent of stockholders of lessor 37:767 Function of a court of equity 4
Judicial valuation in mergers an
Powers of stockholders
idations 47:847-853
Action by stockholder to enjoin his cor-- suits to enjoin merger allegedl
poration from engaging in a combination lent 47:852-853
illegal under the Sherman Act 41:804- under appraisal statu
By-laws: whether property rights of mi- Minority stockholders'
nority may be infringed I5:67I; 39:678Power of Congress to auth
Control of directors by management stock- of state corporation into
holders 39:690-691 HOLA otherwise than a
Employment of attorneys to defend
state suit
law 48:1019
brought by minority to restrain ultra
Protection of minority:
vires action 25:86 majority Io:302, 312; 15:492
Expulsion of competing shareholders
-against by property
new by-laws infringing
amending by-laws 33:979 rights 15:671; 34:300
Fraudulent disregard of rights of minority
Recovery of costs in successful sui
10:302, 312; I5:492 majority 17:420
Lease of entire corporate property: pre-
Remedies of dissenting sto
vention by minority 8:295-316, appraisal statutes 45:233-270
396-414 Remedies of stockholder of parent corpora-
Limitations on power of majority tion for injuries to subsidiaries
8:295-316,396-414 50:963-968
Plan to insure permanent control by certainRight of a minority stockholder, suing in a
members: legality i6:51o, 523 representative capacity, to control the
Sale of entire corporate property: legality litigation 34:300-302
I6:231 Right of preferred shareholder
Suit in behalf of corporation: in general contract with allegedly unconst
16:524; 21:195-203 TVA 49:1004
-complaint of misdeeds prior to acqui- Right to enjoin un
sition of stock 21:195-203; 25:86 corporate propert
-effect of prior suit by another stock- tion which was to
holder 28:812 be distributed pro rata 22:537

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312 CORPORATIONS
References in heavy-faced type are to LEADING A
CASES. The figure in front of the colon refers in each

Right to inspect books of the


Individual corporation
liability as affect
34:298 of stock 30:656; 18:455, 467
Right to prevent the majority from obtain- Individual liability of transferor of stoc
ing an advantage out of reorganization insolvent bank 20:70
34:299 Joint liability of managemen
Right to restrain sale of stock made to and directors for mismanag
create a monopoly 20:495 39:690-692
Right to restrain transfer ofJudicial
control of
decisions prior to
stock from one competitor to Revolution another 36:516-523
26:549 Liability of defrauded stoc
Stockholder's suit to test constitutionality ing after bank's failure 48:329
of TVA 48:806 Liability of parent corporation for acts of
Suits to enjoin subsidiary compliance 40: II 0with
tional statutes 50:239-241 Liability of stockholders
bonus stock issued as fu
Liability of stockholders Liability of stockholders
Assessment - impairment of the panyobligation
of failed bank 48:669-672
of contracts 45:1387-1388 Liability of transferee to owner of record as
-liability after giving company notice
affected to
by subtransfer 39:123
transfer stock IO:382 Liability on account of defective organiza-
- right of set-off 45: 382-1384 tion 20:222, 233
-transfer of stock in trust for minors Liability on stock left
45:1385-1387 feror's name through
Assessment for preliminary expenses when 28:422, 42
all stock has not been subscribed Nature of liability im
21:540 25: 89
Assessments against nonresident stock- Nature of liability of
holders 50:1178-z180 tional bank 18:620
Availability of defense of Nature of statutory
set-off in liability
suit on 46:801
stockholders' statutory "One man" company: liability of pro-
liability
42:1068-1071 moter-owner 9:280; 10:53, 6I, 304
Basis of stockholders' liability to corporate Participation in reorganization of insolvent
creditors 22:335-338 corporation 32:507-513
Construction of statute Partnership
involving liability of stockhold
liability
of stockholders for torts 34:329 fective corporations 40:521-566,
Contribution denied stockholder compelled 733-751
to pay tax of dissolved corporation - decisions 40:558-566
50:1317 - de facto and defective
Dividends paid out of capital: protection 40:530-53
from liability in equity by statute of- estoppel 40:552-558
limitations I9:536 - nature of a partnership 40:521-523
Double liability of holding company's - necessity that business be owned
shareholders on bank stock owned by it 40:523-525
49: 49 - objections to partnership liability
"Dues of corporation ": whether judgment 40:532-552
on ultra vires contract included -provisions
14:621 of Uniform Partnership Act
Effect of failure to pay statutory percentum 40:736-742
of subscription 30:763 -relation of stockholder to enterprise
Effect of limited liability on by-law requir- 40:525-530
Protection of stockholder
ing stockholder to take additional stock receiving stock
39:652 for overvalued property by no recourse
Effect of ownership of entire clause stock by an- 30:395
other corporation: subsidiary Right corpora- of bank st
tions as agents 32:424, 434 reimbursement f
Effect of transfer made to escapeSet-off
liability against cre
23:566 for unpaid stock
tion 22:380
Enforcement in equity by Reconstruction
Finance Corporation 49:832 Statute changing remedy of creditors:
whether
English Companies Act: construction and unconstitutional I9: I33
operation 9:280; Io:53, 61, 304 Statutory liability for corporate debts: after
Extrastate enforcement of statutory lia- judgment and execution unsatisfied
bility 46:211-214 against corporation 22:225, 604
Gift of stock to corporation 29:877 -bankrupt stockholder's right to set off
Individual liability apart from statute: note of insolvent bank against his statu-
early law 2:160-162 tory liability as stockholder 4I:1062

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CORPORATIONS 313
References in heavy-faced type are to LEADING A
CASES. The figure in front of the colon refers in each

- foreign enforcement Io:228-234; Propriety of friendly receiverships in the


II:53, 6i; I8:620; I9:617; 23:37-48 federal courts 43: 298-130I
- right of set-off I6:364, 373 Receiver's capacity to sue stockholder
-time of accrual I5:323; 30:767 unpaid stock subscription, obtaine
- when statutes penal II:53, 6i fraud, but on which creditors relied
Statutory liability of purchasers of stock 22:58
irregularly issued 39:269 Right of holder of voting trust certi
Statutory liability of shareholderto toinstitute
whom proceedings to wind up
stock was sold in violation of solvent blue sky corporation under statute al
law 47:703 ing " any creditor or shareholder " of
Stock registered corporation
in to do so 22:609
another's
of registered Rightowner
of set-off against for ass
assessment
22:608 45:1382-1384
--liability of true owner for assessments Right of stockholder in banking corpo
22: 608 tion to set off deposits against statut
- liability of true owner's agent to owner liability 45:926
of record 30:656 Right of stockholder
Unlimited liability outside render stockstate
and becomeof charter
a creditor
19:389 30:503, 5i8
Waiver of liability 24:565, 578 Right of trustee in bankruptcy to recover
What law governs 24:237 from holder of stock issued for promis-
Whether a shareholder's liability is gov-
sory notes 40:778
erned by the laws of the state Right of incor- of trustee in ban
poration or of the state in which the unpaid balance of stock
business is conducted 30:393 29:855, 877
Whether date of payment necessary to
Right of trustee unde
gage to file claims with receiver
make resolution for subscription call valid
33:862 40:910
Insolvency Set-off in favor of bondholders against
Adoption and rejection of contracts and amount due from them on unpaid stock
leases by receivers 46:1111-1137 subscriptions 23:563
Allocation of assets between old and new Voluntary petition in bankru
creditors upon closing after reorganiza- rectors 25:562
tion 46:I50
Assets of corporation:
Reorganization whether
creditors 9:481;
ApplicationI5:409, of 844; appra
536 45:r399-1400
Bill by receiver against delinquent directors Application of doctrine of Lawrence v. Fox
20:70 to assumption of receiver's liabilities
Certificates to create a special class of pre- 39:389
ferred creditors 41:97 Appraisal of assets instead of a sale
Creditor's rights upon insolvency of a par- 45:697-703
ent corporation or its instrumentality Assumption of debts by reorganized cor-
46:823-828 poration: creditor's rights I4:531
Effect on right to rescind stockAssumption of receiver's liabilities does not
subscription
fraudulently obtained 24:147, I52;
create a personal right 39:389
37:767 Authority of court to order reorganization
Effect upon creditors of a purchase by a
of insolvent national bank 39:386
corporation of shares of its own stock Act, ? 77B - developments in
Bankruptcy
41:658-659 the law 49: IrI-I2o6
Federal equity receiverships 45:1394-1395 - administration 49: 146-1166
Foreign enforcement of statutory liability - approval of plan 49:1183-1198
of stockholders for corporate debts - fees and expenses 49:1199-1206
22:37-48 - institution of proceedings 49: IIZZ-128
Judgment against bankrupt corporation -tojurisdiction 49: 128-1146
allow creditor statutory remedy against
-status of creditors 49:II66-1183
stockholders 22:225, 604 Bases of appraisal 45:1398-1399
Jurisdiction to liquidate the affairs of a for-the dissenter under state reorgani-
Binding
eign corporation on a stockholder's zation
bill laws 48:14I4-I428
44:437-442 Bondholders' committees- devisin
Preferences: among creditors I7:358 of reorganization 42:907-910
- by corporation to creditors 10:247;
- expenses and accounting 42:922-925
II:550; I7:358 -liability of committee 42:925-926
- by corporation to directors Io:247;
-minor powers 42:912-915
15:409; I6:304; 38:521 - new securities 42:926-928

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3I4 CORPORATIONS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

- purchase of corporate property Enjoining communication by bondhold


42:910-912 committee to prevent obstruction of
- rights of dissenting bondholders of same organization proceedings 50:831
class 42:915-920 Extent of affirmative control by federal
- rights of other court of equity 36:io10
creditors and stoc
42:920-922 Extraterritorial powers of receive
- the deposit agreement 42:904-907 45:429-465
Bondholders' committees in reorganizationsFederal equity receiverships 45
41: 377-38i Federal receiverships in Massach
- relation to depositors 41:378-379 I929-I932 47:828-840
- relation to non-depositors 41:379-381 Foreclosure sale: statutory
- rights of stockholders and creditors chaser in franchises Io:6o; 16:65
4I:38i - what " privileges and immunities " sur-
Conflicting criticisms of traditional reor- vive to purchaser o1:60; I6:65
ganization methods and extent to whichInterstate Commerce Commission and in-
they are met by ? 77B 48:1100-1137 terstate railroad reorganizations
Consolidation of railroads under Transpor- 45:855-889
tation Act, I920 -proposed compulsory Jurisdiction of equity to appoint a receiver
sale of interests of dissenting stockholders of a solvent private corporation where
- federal condemnation proceedings and no other relief is sought 35:204
the Seventh Amendment 41:29-50 Jurisdiction of equity to compel dissenting
Control of railroad reorganizations byunsecured the creditor to accept securities in
Interstate Commerce Commission lieu of cash 36:I007
44:838-841 Liability of transferee to
Coriell v. Morris White, Inc.--A recent where transferor ceased t
development in the law of corporate re- 40:1012
organizations 45:697-703 Participation of stockholders and unsecured
Corporate Reorganizations Act creditors of 1934 in reorganization
48:39-81 32:507-513
Creditors of old corporation: rights Power of aagainst
majority of the stockholders to
consolidated company 5:671 sell the assets to another company, or to
rights under reorganization by decree form a new company in another state and
36:Io07 transfer to it the assets 30:335-366
Creditors of reorganized company: Protective
rights committees in railroad reorgan-
against old corporation Io:247 izations 47:565-589
Railroad reorganization- I935 amend-
Creditor's rights - is a sale of assets neces-
sary 45:697-703 ments 49:1254-1285
Defects of machinery Railroad forReorganization
reorganization Act
47:719-721 47:18-58
Railway consolidation on th
Definition for income tax purposes 48:852
Definition of "reorganization" in federal nois line 12:486-493
income tax 45:648-667 Remedies of dissenting s
Developments of the doctrine appraisal statutes 45:233-270
of fairness
45:1395-1397 Reorganization provisions of Bankruptcy
Disclosure of bondholders at suit of mi- Act 50:55-57
nority bondholders 46:713 Requirement of
Disclosure of bondholders at suit of mort- petitions under ? 77B 48:283-293
gagor 47:529 Reservation of jurisdiction by court to de-
Effect of appraisal termine claimsstatute 39:389
enjoin unfair action 45: 400-1401 Right of all bondholders of t
Effect of barring order on creditors of old class to participate in bond
corporation 39:1076 organizations 42:900-904
Effect of barring order on Right of minority
creditors ofbondholders
re- to int
ceiver 39:1077 in foreclosure suit to challenge reor
Effect of corporate ization 47:530
consolidation o
acquired property Right of purchase
provisions in a
gage 44:472 despite inequitabl
Effect of decree returni 50:525
corporation without
Right of stockholder to dissolutionrein
prefer-
36: I07 ence on consolidation 45:1401-1403
Effect of, on fiduciary relations 41:665 Rights and duties of the committee in bond-
Effect of reorganization upon contract holders' reorganizations 42:899-929
rights 34:306 Rights of creditors against a successor cor-
Effect upon claims poration 44:260-265
of nonresident c
43:II54 Sale of assets under consent decree of court:

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CORPORATIONS - COSTS 315
References in heavy-faced type are to LEADING ARTICLES; in italics t
CASES. The figure in front of the colon refers in each instance to the volu

binding effect of value set by decree on statutory power of m


Limitations
27:467, 486 stockholders to dissolve 25:677-690;
Successor to debtor corporation: liability 30:335-353
in general I4:53r Nonuser of franchise 4I: Io64
Taxability of gain accruing Power of on state bargain
to dissolve apur- corporati
chases in reorganization 5o:505-509 where property is held by a federal
Tax exemption: whether it survives assign- ceiver 21:279, 293
ment of corporation privileges 22:457 Priorities between stockholders on dissolu-
- whether surviving reorganization Io: 60 tion 45:1376-r382
Upset price in railroad reorganization Quo warranto against pri
49:1269-1272 41:244-248
Upset prices in corporate reorganization Right of preferred stockholders to divi-
32:489515 dends 45:I85
- American procedure 32:494-513 Rights of foreign
- English procedure is cognate reorganiza-dissolved corporation 48:835-843
tion: " arrangements" 32:490-495 Rights of preferred stockholders
-practical advantages of majority control 34:303-304
32:511-515 Should war cause dissolution of corporation
Validity of decree dispensing with judicialcomposed partly of alien enemy share-
sale 36:1007 holders 33:371-375
Validity under Uniform Tort action: liability Fraudule of asse
veyance Act of transfer of assets
tion 15:409
- whether
sideration of assumption ofsurv
liabi
46:414415
Whether adjudic
Dissolution solves corporation 2I:366
Assent of director to dissolution as affecting
his rights on account of employment CORPSES
44:646 See Dead Bodies.
Capital stock of a corporation as a trust
fund for its creditors 36:544-546 CORROBORATION
Chartering government dissolved: whether
See Evidence, Witnesses.
corporation thereby dissolved I6:459
Devolution of property on dissolutionCOSTS
35:85 See also Appeal and Error, Execution, Judg-
-personalty 2:164-165; 12:558; 15:743; ment, Liens.
I9:6Io; 29:780 Allowance of costs to owner in condemna-
-realty 2:163-164; 3:I35; 12:558; tion proceedings 25:388
I5:743; 25:I89 Appeals for costs 41:654-657
Effect of dissolution by state decreeApportionment
on of auditor's fees: whethe
jurisdiction of federal court for bank- discretionary 16:60o
ruptcy proceedings 22:447 Assignment for creditors: pro
Effect of dissolution of corporation under
judgment obtained by cred
signment 25:468
statute providing a state officer shall take
assets and become the successor of the Imposition of special cos
corporation 29:778 porations: constituti
Effect of dissolution on agreement to pay 11:125
dividends to holders of preferred stock
Landowner's right so upon dismissal
to costs
long as certificates are outstanding
of eminent domain proceedings 47:355
22:228 Lessee not entitled to costs of former suit
Effect of incorporation of voluntary asso-with lessor in suit against sublessee for
ciation and subsequent dissolution breach of covenant to repair 24:241
30:657 Liability of infant to indemnify next friend
Effect on foreign corporations abroad of 24:319
Mechanic's lien law providing for attor-
dissolution at home by unrecognized gov-
ernment 37:606 ney's fees as part of costs: constitution-
ality
Effect on right to rescind I7:355
stock subscription
fraudulently obtained 42:129 New trial not gra
Effect upon jurisdiction of federal court to shift burden of costs 11:129
reorganize under Bankruptcy Act, ? 77BRelieving poor of liability to pay costs
48:676 36:367, 383, 387, 399
Existence of state statutory scheme of liqui-Security for costs: bond of nonresident
dation as ground for denying federal re- I8:227
ceivership 48:1401-1403 Suit in forma pauperis - necessity for con-
Extraterritorial recognition of dissolution tingently employed attorney's joining in
or suspension of power 50: r75-1176
oath 48:127

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316 COSTS - COURTS
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to

Suit money for the defendant evidence in wife


recordin a
as denial of due p
divorce action 35:464, 471 43:492
Illswitness:
Taxing costs against prosecuting of judicial procedure - arbitration as
constitutionality 16:214 remedy 48:141-146
Who should pay costs 10:242 Judicial function 45:797
Judicial grammar 5:239
COUNTERCLAIM
Judicial process in tort cases 4
See Set-off and Counterclaim. Judicial review of arbitration awards-
COUNTIES need of utilizing courts 47:610-619
Judicial wit and wisdom 7:367
See Municipal Corporations.
Jurisdiction of court by estoppel 20:150
COURTS 237
In general Jurisdiction on holidays 2I:628
Powers Jurisdiction to determine controverte
State courts claims to church property 32:180
Particular courts Justice for the poor denied under present
See also Admiralty, Appeal and Error, Ar- judicial machinery 33:253-254, 621
bitration and Award, Conflict of Laws, Lawless enforcement of law 33:956
Constitutional Law, Contempt, Equity, Legal existence of court attacked in habeas
False Imprisonment, Federal Courts, His- corpus proceedings 22:383
tory of Law (Procedure and courts), Im- Legislative control of judicial proced
peachment, International Law, Judges, 34:424, 434
Judicial Notice, Jury, Stare Decisis, Trial,Modern tendency toward allowing courts
Trusts. to regulate procedure 33:236-238
Necessity of reorganization of judiciary
In general 26:302-328; 33:238, 624
Administration of justice in the modern city Note on county court rolls 43:1111-1118
26:302-328 Place of trial in civil actions 43:1217-1248
Administrative phases of claims against thePlace of trial--interstate application of
state 44:432-437 intrastate methods of adjustment
Advisability of courts taking less 44:41-64
hostile
titude toward legislation 21:403-407 Plea that court is not legally organized
Aiding the poor to litigate 36:361-404 20:496
Appellate court with final jurisdiction: con- Power to modify terms of a deed of trust
stitutionality of statute 25:I87 38:122
Attitude of courts in the administration of Proposed method of dealing with " social
justice 29:617-619 legislation" 26:525-530
Constitution of the courts 26:507-530 Reasons for dissatisfaction with courts
Corruption in magistrates' courts 29:397-403
46:734-736 "Recall of judicial decisions" 26:508-525
Reversal by United States Supreme Court
Counterclaim greater than jurisdictional
limit of court 17:350 in memorandum opinion of unanimous
Counterclaims in excess of maximum judgment of state court 40:485-491
juris-
dictional amount in courts of limited Reversals in Illinois criminal cases
jurisdiction 44:273-276 42:566-570
Rightcourt
County court rolls and county of successor
rec- to continue trial from
ords 43:1083-1110 point at which retiring judge left off
Criticism of cases decided by judges seeking 41:538
reelection as contempt 41:254 Robinson, J., of North Dakota and rule and
discretion in the administration of justice
Disbarment for crimes involving moral
turpitude 43: r8, 120 33:972
Dismissal of actions on the Role of substantive
ground law and procedure
of forum
non conveniens 43:1239 in the legal process 45:617-647
Disqualification of a judge Rule
on and discretion
the groundin the administration of
of bias 41:78-82 justice 37:785
Dissatisfaction withSmall courtsclaims shown by court
leg
lature 29:395-397 37:786
Spirit of the courts
Dissenting opinions: advisability of 32:986
19:309 Supreme Court's use of administrativ
English struggle for procedural reform tises of Interstate Commerce Commis-
39:725-748 sion as aid to construction 46:roo6-zozr
Exemption of a person surrendered through Tendency to long opinions 9:537
interstate rendition from civil liability Validity
in of acts of court officers when th
the demanding state 35:768 court does not exist de jure 21:153
Failure of judges of appellate court Weaknesses
to readof elective courts 33:327

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COURTS 317
References in heavy-faced type are t
CASES. The figure in front of the colon

Powers State courts


Admission to the bar: legislative interfer-
Administration by state courts of federal
ence with control of courts criminal law 38:545
13:233-255 Defense of arbitration pend
Advisory opinions: may advisory opinions state 47:126
be appealed 32:80 Discretion to en
- obligation of courts to
tween render
nonresidents 3:228;
where the cause of
4:37; Io:50; 26:655 action arose locally 45:386
Compelling the testimony of absent wit-Effect of general appearance by f
nesses 43:12r-126 railroad engaged in interstate comm
Corporate reorganization - effect 43:156 up
claims of nonresident Federal military reservation 50:688 43:II
creditors
Disbarment: Power of
Foreign legislature
corporations: interference withto
in- p
vide jury trial 45:737 terstate commerce 42:131
Extrastate enforcement of penal and gov-
Jurisdiction acquired over federal
ernmental claims 46:193-225 by habeas corpus 36:22
Grant of provisional remedies in arbitration Jurisdiction of courts of New Y
48:317-318 for removing nonresident trus
Inherent power to punish for contempt 8:236
36:93 Jurisdiction of courts over suits a
Jurisdiction in rem to enjoin sale of stock terstate carriers: when Interstate Com-
in domestic corporation pledged with merce Commission ruling is prerequisite
nonresident outside state 46:327 36:757
Jurisdiction to lay a charge upon debts due Jurisdiction of state court over action
resident creditors by a foreign corpora- against federal officer acting under the
tion 37:909 authority of the Federal Government
Jurisdiction to liquidate the 22:607 aff
foreign corporation
Jurisdiction ofon a stockhol
state court over action for
44:437-442 divorce against foreign consul 43:822
Liability of improvement district engaged
Jurisdiction of state courts in bankruptcy
in proprietary activities to suit in another
cases 17:490
state 49:342 Jurisdiction o
Power to alter criminal sentence and commerce clauses 42:1062-o068
44:967-971 Subsequent jurisdiction of state court after
Power to compel testimony in general court removal to federal court in prior action
investigations 42:104-108 17:574
Power to conduct proceedings in secrecy
Suit for unfair competition where issue of
48:904-905 validity of patent involved is pending in
Power to render declaratory judgments
federalin court 50:364
England 33:253
Power to reopen case on
Particular own motion
courts
42:445 Australian Court of Conciliation and Arbi-
Privilege of nonresident criminal defend- tration: in general 29:13-39;
ant from service of civil process 32:189-217; 34:105-136
43:802-805
-cost of proceedings 29:26-27
Realty, attached by one court: whether in
- its creation 29:13-14
its possession so as to bar interference by
-its methods 29:13-22
another 19:210, 377 - its powers 29:13-15, 26-30
Residence as basis of personal jurisdiction
-results it has brought about 29:37-
47:1063 Constitution of the principal courts of En
Statute making entry of final land
divorce decree
10:442
mandatory on motion of guilty
Courtsparty as
of Piepowd
a legislative encroachment on judicial 28:138-139
power to regulate procedure Growth of small claims courts 33:625
43:832 International tribunals 32:739, 825-834
Summary remedies against attorneys at law Jurisdiction and procedure of German
43:1r26-1130 courts 21:481485
To adjudicate ownership of share of stock Jurisdiction of Archbi
30:486, 516 Court 4:289
To appoint receiver after appeal in principal Juvenile courts
cause 41:544 -general discussi
To confiscate debts 35:960 diction 23:104-122
To garnish shares of stock in a foreign cor- applied by English priz
Law
poration held outside the state by a non- 32:295
resident defendant 37:387 Need of "socialized equipment" in en-

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318 COURTS--COVENANTS RUNNING WITH THE LAND
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

forcement of support decrees against Possession by grantor or gran


fathers of illegitimate children 36: 1o fecting sub-grantee's rights 8:178
New Commercial Court in England 9:146 Rescission for breach as against insolvent
New light on the old county court grantor I6:224
42:639-675
Proposed amendment of judiciary articles
Covenant of warran
of constitution of Texas 32:444
Accrual of action: in general 15:495
Soviet Russia's court system 45:96I
- when paramount equitable owner in pos-
COURTS MARTIAL session I5:495
See also Constitutional Law, War. Construction and o
Right of court martial to hear criminal case I5:739
in camera 30:771 Deed back to grantor: rights of subsequent
grantee II:I29
COVENANTS OF TITLE Effect in preven
In general gent remainder
Covenant against incumbrances Estoppel by qui
Covenant of quiet enjoyment warranty 19:382
Covenant of seisin Husband joining in wif
Covenant of warranty liable to sub-grantee 8:I78; 9:434
See also Choses in Action, Estoppel, Land- Measure of warrantor's liability: to gran-
lord and Tenant. tee 10:385
-to sub-grantee 9:488; 10:385; 26:755
In general Possession adverse to grantor as breach of
Covenants of title as succeeding feoffments covenant of warranty 21:628
with warranty 15:150 Possession by grantor or grantee as affec
Subject matter and measureing
ofsub-grantee's
damages rights 8:178
36:r25
Purchase price: whether recoverable on
What law governs their creation 35:964 total failure of title I5:86i
Whether essential to recovery of price on Purchaser's liability on notes when
total failure of title 15:86i ranty broken 8:119
Rescission for breach as ag
Covenant against incumbrances grantor 16:224
Accrual of action I1:553; 15:150
Special warranty
Assessment under invalid statute reinacted
no
by eminent domain 20:650
after transfer I5:676 Whether broken by trespass 25:190
Breach of covenant: who may sue I5:150
Damages for breach 39:505
Easements 24:237 COVENANTS RUNNING WITH THE
-public highway 27:386 LAND
Existence of public highway
Seeas breach
also Landlordof
and Tenant, Legacies an
covenant 44:857 Devises.
Former recovery notofa
Agreement bar
a railroad withto subse
the state to
one 26:176 maintain facilities 39:507
Implied in decree
Assignee of grantee passing
in fee bound b
29:770, nant to build
782 and maintain 23:29
Sub-grantee's Conditionsrights:
in executory contract wh for
assignable Io:527; 13:608; 14:466; land 20:234
I5:$o5 Covenant conce
- when grantee barred 14:466 directly affecting its value 20:577;
- when grantee took "subject to incum- 21:291
brances" I3: 608 Covenant in aid of easement 12:218
Transfer after breach: whether chose in - affirmative covenants in equity 27:5
action impliedly assigned 10:527; Covenant to issue pass 24:402
I3:6o8; I4:466; i5:I50 Covenants running in equity, see Equit
Servitudes.
Covenant of quiet enjoyment English and American views compared
Release by servient owner of owner of ease- 36:991
ment of damages for flooding landEssentials
as of a real or running covenant
breach of covenant of quiet enjoyment in 37:301-303
conveyance to a subsequent grantee of Fencing:
the fence not in esse and "heirs and
land 40:498 assigns" not named 13:529
- requirement to fence as covenant
Covenant of seisin ning with the land 20:234
- right to recover against assignee
Possession adverse to grantor as breach of
covenant of seisin 21:628 nantor i8:214

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COVENANTS RUNNING WITH THE LAND--CRIMINAL LAW 319
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain type to REC
CASES. The figure in front of the colon refers in each instance to the volume.

Liability of assignors who are tenants in Evidence, Extradition, Federal Courts,


common on covenant to repair 36:624 Habeas Corpus, History of Law, Homi-
Omission of " heirs and assigns " as evidence cide, Infants, Insane Persons, Interna-
that covenant personal I3:529 tional Law, Libel and Slander, New
Party-wall agreements as real or running Trial, Pardon, Piracy, Proximate Cause,
covenants 37:301-322 Stare Decisis, Witnesses.
Party-wall agreements: whether benefit
Particular crimes, see Abortion, Adultery,
and burden run 7:242; I4:296 Arson, Assault and Battery, Bastards,
"Privity of estate" when no relation of
Bigamy, Bribery, Burglary, Carrying
landlord and tenant: what constitutes Concealed Weapons, Compounding
22:597, 609; 23:298, 309 Crime, Conspiracy, Contempt, Customs
Profit: covenant in support of profit in the Duties, Elections, Embezzlement, Ex-
land 4:242 tortion, False Pretenses, Forgery, Homi-
Relation of dominancy cide, Husband and Wife (Criminal and
quired underConversation), MassachusettsIntoxicating Liquors,
"substituted privity " 37:304, 307 Larceny, Libel and Slander, Lotteries,
Repair of bridge and highway not on the Lynching, Perjury, Post Office, Rape,
land 7:499 Receiving Stolen Goods, Seduction,
Running of either burden
Self-Defense, Treason, Usury. o
rately when the other is in
Running of In the
general burdens of
law and in equity 2:597, 609 Accessory before the fact as a substantive
What constitutes " privity of estate " incrime
the 41:796
absence of tenure 37:303 Acting under relig
What covenants "touch or concern the negligence 12:428; i5:500
land" 37:302 Acts interfering with state function
demeanors 49:593-594
COVERTURE Advocating communism as a cr
See Curtesy, Dower, Husband and Wife, 36:199, 219
Marriage. Atheism as a crime at common law
3I:289, 313
CREDITORS Causal connection between the unlawful
See Assignments for Creditors, Bankruptcy,
quality of the act and the homicide, kill-
Corporations, Fraudulent Conveyances,
ing while driving an automobile under
Husband and Wife, Partnership,the
Re-influence of an intoxicant in viola-
ceivers.
tion of statute 41:669
Changes in the administration of
CREDITORS' BILL
justice during the past fifty yea
See Courts, Equity, Executors and Ad- 5o:583-615
ministrators. Civil death statutes-medieval fiction in
a moder world 50:968-977
CRIMINAL CONVERSATION Communal liability for mob violence
See Husband and Wife. 49:1362-1369
Conspiracy: applicability of federal statute
CRIMINAL LAW
to conspiracy to perform noncriminal
In general acts 42:574
Attempt Crimes involvin
Statutory offenses 43:iI7-21r
Accessories
Criminal intelligence 40:660-662
Mental element
Criminality based upon anti-social effect
Defenses
rather than upon acts as such
Insanity 35:409-411
Former jeopardy Criminality of acts declared innocent in
Jurisdiction
overruled decision 47:1408
Equity jurisdiction Criminal liability of corporations
Trial
Sentence
5o:647-648
Criminal provisions of Robinson-Patm
Appeal Act 50:118-122
Pardon
Criminal responsibility
Reforms
Statistics
other 43:689-723
Decline of the grand j
See also Agency, Arrest, Burden of Proof,
Effect of attorney-gener
Compounding Crime, Conflict of Laws, error on appeal 49:645
Conspiracy, Constitutional Law, Con- Enforcement of criminal law by l
tempt, Corporations (Liability forcrimes), acts 5o:611-614

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320 CRIMINAL LAW
References in heavy-faced type are to LEADING ART
CASES. The figure in front of the colon refers in each in

Eugenics and criminal law 48:357 Treatment of innocent persons, erroneously


Federal coSperation in criminal law en- convicted 45:1431
forcement 48:489-498 Validity of proceedings be
Forestalling, regrating, engrossing judge 4I:9I5
35:828-831 Validity of public enemy act 49:1372
Imprisonment for debt 41:786-790 Violation of criminal statutes as basis of
Increasing area of conduct regulated by tort liability 46:453-477
criminal law 50:618-636 Whether estoppel is applicable to c
- automobile regulation 50:634-636 law 12:56
- banking and finance 50:625-631
- crimes against government
Attempt
50:619-622 In general 16:437, 491-507
-food, drug, and liquor legislation
Attempt fraudulently to secure pardo
50:631-634 20:415
- regulation of business 50:622-625
Influence of common law in British civil- Attempt to rob as piracy jure gentium
48:853
law jurisdictions 50:1261-1262
Conspiracy distinguished from attempt
Injuries to unborn children 12:209; 38:96
13:52I
Criminal attempts 41:821-859
Inspection by the accused before trial
Criminal intent evidenced by overt act as
41:519-522
crime: voluntas reputabatur pro facto
International aspects of crime- Story's 4I:821-827
views 48:26
Effect of abandonment of attempt 36:222
Intoxicating liquor, sale of
Espionage Act of 1917 and I918 32:417,
of purchaser 42:279
434; 33:442
Joint crimes: acquittal of one
Influence of principal and
court of Star Chamber
conviction of other 12:282
4 :828-832
Judicial interpretation of penal statutes
Influence of Lord Mansfield 41:832-837
o5:637-638 Jurisdiction 26:452
Larceny of automobile license plates: value act 4I:843-858
Nature of requisite
of plates 40:787
--interposition of unexpected force
Lawful act resulting in unlawful acts b
41:847-848
others 15:492
- interruption 4I:843-847
Lawful sale of liquor - mistake ofknowing
fact 41:848-855 it
resold illegally 29:453
Nature of requisite intent 4 :83
Liability for homicide caused by negligence
Origin and development 41:822-837
of chauffeur 41:398
Methods of scientific crime detection as in- Possibility of ultimate success 3:375;
4:88, 292; 6:48; 8:420; I6:437
fringements of personal rights
Requirement of " clear and present danger "
44:844-846
for criminality under criminal anarchy
Missouri crime survey 41:116-117 and syndicalism statutes 36:203
Outlawry 50:595-596 Solicitation 4I:857-858
Pardon - conditional pardon, effect
-to do act ofstate
in foreign de- 15:672
claring condition void 41:399
Power of legislature to declare previously
convicted persons competent witnesses Statutory offenses
42:957 Bad check laws 44:451-456
Progress of penal institutions 41:931-934- as involving imprisonment for
Psychological analysis of the causes of de- 45:742
linquency 31:497 Breach of contract to labor a crime
Public torts 35:462, 47I 24:391, 40I
Responsibility for failure toBribery in commercial relationships
use prayer
18:621 45:1248-1252
Reversals in Illinois criminal cases "Burning with intent" held satisfied by
42:566-570 letting burn with intent 37:626
Revocation of commutation 41:670 Conspiracy to violate Mann Act - liability
Right to privacy today 43:297-302 of woman transported 46:520
Rise of professional police 49:578-590Contests and the lottery laws 45:1196-1
Statistics of reform of criminals Control of lobbying 45:1241-1248
43:1332-1335 Conviction for illegal sale made by defend-
Statutory extension of injunctive law ant's en- partner without his knowledge or
forcement 45:1096-1102 consent 23:223
Substantive law of crimes - 887-1936 Criminal Anarchy Act 36:199, 219
50:616-653 Criminal responsibility for the violation of
Third degree 43:617-623; 50:594-595 federal departmental regulation 35:952

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CRIMINAL LAW 321
References in heavy-faced type are to LEADING
CASES. The figure in front of the colon refers in eac

Elements necessaryDecline to of specific intent 5o:641-642


constitute a lotter
21:148Development of a general mens rea
Espionage Act 32:417, 434, 935-973; 45:988-994
33:442, 474 Distinction between ignorance that act is
-The Abrams Case--a dissent criminal and mistake as to legal effect of
33:747-774 past facts which make act criminal
Income Tax Act 36:772 22:88-96
Interpretation of statute Drunkennesspenalizing in relation
con- to mens rea
spiracy to defraud 3I:302, 313 34:78
Espionage
Interpretation of statute penalizing sale of Act of I9I8--the Abrams Case
oleomargarine i8:467 33:442 474
Issuing check without sufficient funds
Filing statement of to
corporate assets not
meet it 33:279 known to be false as violation of blue
Liability of agent sky of purchaser
law 47:714in ill
liquor sale 26:550 Forcible retaking from
lost at cards
Liability of agent of purchaser 37:768
transporting
Intent
liquor to his principal in policestatute
under regulations 12:568
for-
bidding transportation of by
Intent required liquor
statute against carrying
27:282 concealed weapons 8:176
Intent to liquor
Liability of agent ordering act in concert the gist o
shipped
within prohibited territory spiracy 37:1123
under statute
against furnishing liquor 27:184 Intent to kill not coinci
Obtaining reduced rates by false billing, a 33:611
complete offense before transportation Intent, whether neces
2I1:135, I47, 542 offense I3:50
Ordering delivery of liquor as conspiracy toLack of mens rea no
transport 43:317 35:463
Practice of medicine without license Liability of conspir
26:370 a robbery for homi
Receiving illegal concessions from published conspirators after
rates a continuing crime 2I1: 35, I47, their flight 40:651
542 Mens rea 45:974-1026
Smuggling by failing to declare goods Mental requisites in early law
Particularization of mens rea
40:10I3
Strict or liberal construction of penal to specific defenses 45:1004-1016
stat-
utes 48:748-774 -with respect to specific felonies
Threats to take the life of the President 45:994-1004
32:724, 730 Requirement of mens rea for a crime based
Vendee as accomplice of vendor in illegalon possession 33:III
liquor sale 24:61; 27:282 Requirement of mens rea in
Volstead Act 36:772 viction under the Safety Ap
When public tort as distinguished from real 2I:294
crimes 35:462 Specific intent in criminal conspiracy
White Slave Traffic Act: liability 38:96, 10o o
woman for conspiracy 28:629 Specific intent of defendants engaged
common enterprise 27:174
Accessories Subjective and objective theories of me
Accessory before the fact as a substantive rea 48:1044-1045
crime 41:796 Whether subsequent
Accessory before act the criminal
fact 37:626
in mansl
40:321; 49:340
Defenses
Conviction when principal is acquitted
45:930 See also Self-Defense.
Mental element Acquittal of one principal in adultery as bar
Absence of animus furandi when loser at to conviction of other 12:282
cards retakes money believed to be his Adultery as bar to right of self-defense
37:768 11:58
Accidental homicide in attempted robbery Applicability of presumption of incapac
36:222 to adult with mental age of less tha
Assault with intent to kill 26:452 fourteen 43:138
Beginnings of the conception of mens rea Attorney-general's prom
45:982-987 43:1306
Criminal responsibility of directors for ultraBurden of proof of justification 17:208
vires application of funds I9:6ii; Coercion: effect of Married Woman's Act
20:I48 34:89

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322 CRIMINAL LAW
References in heavy-faced type are to LEADING ARTI
CASES. The figure in front of the colon refers in each ins

Coercion of husband,Whether resisting wrongful


development ofattachment is
45:1011-1013
excuse for assault and battery 29:330
Compulsion, development of 45:1011
Consent as defense to prosecution for wil-Insanity
ful misappropriation of bank funds Act by sane man under insane delusion
49:100I 22:87-88
Consent obtained by force distinguished Act under insane belief of command of
from that obtained by fraud God: whether within the " right and
8:321-322 wrong " test 29:538
Criminal accountability of infants 7:435 As a defense, development
Defenses available under writ of error Basis of defense of insanity 37:520
coram nobis 37:744, 774 Burden of proof 11:62; 13:59; 18:312;
Detection of crime: encouragement of crime 25:387
by public officials I8:65; 29:1Io Constitutionality of a statute abolishing
-how far public officials may encourage insanity as a defense 24:225, 235
crime for detection 13:300 Criminal responsibility of insane drunkards
-participation to detect crime 28:520 15:755
- whether acceptance of bribe for purposes Effect of failure to plead insanity existing at
of detection prevents consummation of time of trial 42:830
crime of bribery 28:32I General relations of insanity
Drunkenness 34:79 responsibility 30:535-560
Insane
Duress: participation delusions 30:555-560
in robbery under
duress as defense toInsanity as a defense
resulting murder in crimes
25:663; 50:982 specific intent is necessary
Effect of consent 8:317-327Insanity at time of trial as grou
of error coram
Entrapment as a defense to criminal nobis 37:744, 774
prose-
cution 44: o09- 13 Irresistible impulse 30:546-551
-in liquor cases 45:38I -as defense in homicide 6:265; 8:360;
Entrapment as defense under general issue II:197
46:848Law of Massachusetts, New York, Illinois
Ignorance and mistake in the criminal law30:724-735
22:75-96 Possible partial responsibility of insane o
Infancy, development of 45:1007-1010 fenders 30:551-553
Intoxication, development of Presumption of sanity 11:62; 13:59
45:1013-1014 Proposed criminal responsibility bill
Judgment for fine abated by death of de- 30:535-560, 724-738
fendant 20:649 Tests of insanity 3:279; 15:499; 39:520
Justification for injury 41:553-563 Tests of irresponsibility: scope of the pres-
Justification under prior decision of court ent law 30:554-560
18:541
Limitations: when bar to prosecution forFormer jeopardy
conspiracy 37: 124 Acquittal before cour
Military necessity as answer tices wereto ineligible
charge 27:280 of
violation of state highway law 32:8I Conviction by court martial pleaded t
Mistake of fact and law 50:642-647 indictment by the state 22:59
Mistake of fact, development of Conviction for false return of income as
45:1014-1016 bar to civil action for penalty 47:1438
Mistake of law preventing criminal Conviction
con- for lesser offense no bar to
spiracy 38:96, Iio prosecution for greater offense when the
Nature and scope of defense court tryingof theentrapment
lesser offense had no
46:848 jurisdiction over the greater 30:287
Necessity as defense for violation
Conviction of on
of higher offense statute
second trial
7:51; 9:487; I3:4II 11:267; 19:300
Newspapers' defenses in proceedings for on self-accusation as bar to later
Conviction
contempt - mens rea and truth proceedings 14:220
48:906-908 Conviction under municip
Participation in robbery under compulsion
nalizing act forbidden by s
as defense to prosecution for murder dur- 23:486
ing robbery 50:982 Conviction under ordinanc
Prosecuting attorney's promise ofstate
ceedings under immu-
statute 15:66o
nity 46:714 Conviction under plea of non vult as prior
Reliance on unconstitutional statute conviction 48:128
45:1II3 Conviction under state statute as bar to
Unlawful purpose of prosecutor as defense
proceedings under National Prohibition
14:156 Act 34:785

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CRIMINAL LAW 323
References in heavy-faced type are to LEADING ART
CASES. The figure in front of the colon refers in each in

Effect of illegal arrest 38:114


Conviction under state statute no bar to
proceedings under National ProhibitionEmbezzlement 2:507
Act 36:619 Extension of criminal juri
Conviction under statute50:638-641p
ishment 27:681 Inducing a telegraph com
Digging up body and to deliver money in state
destruction of
as separate offenses 13:148 of obtaining money by fal
Discharge of jury on disagreementthe former state 39:897
without
prisoner's consent I4: 15I Jurisdiction of state courts over
Effect of acquittal on one count and crimes
con- 38:545
viction on another count charging the
Jurisdiction over
same offense 43:657 gable river under
Effect of sealed finding recording tion of dis-
jury's the two s
agreement 43:139 22:599, 6i5
Effect of sealed verdict 9:287; I2:I43, Libellous matter mailed from one state to
345 another 23:309
Effect of sentence for higher offense on sec- The local law theory
ond trial 20:414 the conflict of laws 41:439-444
Former acquittal under Piracy as defective indict-
crime by international and
ment 10:243 municipal law 38:335-350
Identity of offenses Power of federal 20:642,court to punish f 6
- a study in judicial mon law crimes method 37:73 4
Immaterial variance 20:496 Power of state to punish fa
Judgment on pleading a bar to second to support child who was residing in
prosecution 30:400 state, where father was not domiciled or
Judicial alteration of sentence present within state 41:255
44:969-970
New trial without consent of accused for Power to punish accused for injuries aris
error of law 8:354 from his failure to act, accused not be
No defense where only within
a publicthe tort
state 41:255
35:464Receiving illegal concessions from
Number of injuries to state
ratesaspunishable
test of iden-
wherever the g
tity of offenses 37:912 transported 21:135, I47, 542
Perjury: different falsehoods Shot fired pro-
in same from one jurisdiction at ma
ceeding under same oath 27:I8I another jurisdiction 7:239; 8:494;
Right of state to appeal 20:219 II:55
Second indictment for continuous offense
Solicitation to do act in foreign jurisdict
I5:I54 I5:672
Statutory jurisdiction over crime comm
Separate convictions for playing different
poker hands at one sitting 37:912 ted in part within state 39:494, 508
Separate convictions for the robbery of two Statutory jurisdiction over crime commit-
persons on one occasion 35:615 ted without state affecting persons or
Severer punishment for habitual criminals property within state 39:495, 5o8
26:84 Territorial theory of jurisdiction 39:492
Trial for lesser crime as bar to conviction Trial of conspiracy where overt act com-
for greater crime 7:376; 16:142 mitted 26:83; 37:1123

Jurisdiction Equity jurisdiction


Abortive drugs sent from without jurisdic- Enjoining of proceedings brou
tion to woman within jurisdiction I7:567
7:496 Fifteenth century chancery jurisdiction
Acts taking effect in another state 50:1170 31:857-858
Basis of denial of extrastate enforcement of Injunction against prosecution for violation
penal claims 46:195-196 of municipal ordinance because of estop-
Bringing stolen goods into state
pel9:358 45:741
Concurrent jurisdiction of state and United of
Power equit
States 8:59; 33: 10 ceedings 4: 188; I4:293
Crime aboard domestic Powervessel in foreign
to restrain fraudulent election of
port 46:1338 .officials 20:157
Crimes committed Revival of in
criminalsuperjacent
equity I6:389-403
50:1136-1137
Criminal illegally arrested 36: 6z Trial
See also Evidence, Presumptions, Trial.
Criminal intent in one jurisdiction, criminal
act in another II:55 Absence of accused through misconduct
Death in one state resulting from blow in 20:235
another 33:843, 863 Admissibility of evidence obtained from

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324 CRTMTNAL LAW
References in heavy-faced type are to LEADING ARTICLE
CASES. The figure in front of the colon refers in each instan

illegal search of defendant's person


quittal based on on
misunderstanding of
suspicion of another crime 23:568 agreement between state and defense
Alibi statute as violation of self-incrimina- 40:133
tion clause 50:523 Presence in person of accused at trial
Appointment of prejudiced attorney for
II:409; 12:211; 15:4I1in-
digent defendant 46:335 Presence of judge during trial I2:433
Arraignment: necessity of 27:760 Privilege of witness to refuse to incriminate
Attorney's duty to disclose truth 30:642 himself 8:287
Burden of proving liquor license II:128Proof beyond reason
Change of trial from supreme to superiorjury 47:68-64
court judges 7:426 Prosecutor's use of
Comment by counsel on characterize failure to produce defen
witnesses 7:36 Recent changes in
Communication by court to jury 50:587-593 - in
as to division 4I:797 Rendition of verdict in capital case in ab-
Constitutionality of statute permitting sence of accused as reversible error
comment on defendant's failure to testify 22:380
50:356Right of accused refusing to testify to make
Constitutional right to a statement
public trial to the jury 43:658
Right of accused to act as his own coun
20:489, 495
Degree of proof necessary in proceedings 35:86
for forfeiture of vessel I3:523 Right of confrontation: whether violat
Demurrer to evidence 15:738 by admission in evidence of analyst's ce
Development of present-day criminal pro-
tificate 37:269
cedures in Europe and America Right of court martia
48:433-473 in camera 30:771
Disqualification of judge because of preju-
Right of court to seize p
dice 29:430, 459 criminal evidence 9:484
Distinct felonies joined Right of injury
one to informati
judge law 5:28
48:510 Right of prosecuting attorney to r
Effect of inconsistent verdicts 45:931 sistance from private attorney
- on two counts charging the same offense Right to trial by jury of fact ma
43:657 creased punishment mandator
Effect of plea of guilty I4:609 State law of evidence in the federal courts
Effect of sealed verdict 9:287; 12:143, 345 43:555-566
Effect of waiver of jury in absence of con-
Summary trial without jury in England and
sent of court and prosecutor 45:932 colonial America 39:921-968
English trials 43:1323-1325 View by jury as part of trial 12:211
Exclusion of similar fact evidence: Waiver of constitutional right to speedy
England
46:954-985 trial 46:I027
Failure to make a finding on some counts
Waiver of jury tri
as inconsistent verdict 37:627 2I:212, 2
Gastonia Strikers' case 44:1118-1124 Waiver of privileg
Inapplicability of Parol Evidence Rule ure to testify 36:207, 219
34:790 Waiver of right to a jury of twelve in
Instruction of jury concerning a degree of nal trials in the federal courts 44
homicide less than that shown by theWaiver of usual procedure: validity
evidence held reversible error 33:980 25:179, I90; 29:83, 99
Methods of proof 50:648-651 War criminals' trials of I921 36:359
Necessity for direct proof of corpus Writ of error coram nobis 37:744, 774
delicti
29:222
Necessity for jury trial to determineSentence
viola-
See also Criminal Law (Reforms).
tion of condition of suspended sentence
40:133 Alleged modification by conditional com-
Necessity of jury for petty offenses mutations 39: 14
39:917-982 Concurrent and consecutive sentences in
Necessity of plea when defendant has con-
federal liquor and narcotic cases
sented to proceed to trial 2I:217 45:535-541
Need of presence of accused in trial for
Consideration of other crimes in assessing
felony I5:412 penalty for murder 46:334
Newspapers and contempt of court
Constitutional requirements as to proci
lish law 48:885-910 ure on recommitment 37:913
Power of court to reopen case
Constitutionality on its own
of indeterminate sentence
motion 42:445 acts 24:236
Power of court to set aside a verdict of ac- Convict's cons

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CRIMINAL LAW 325
References in heavy-faced type are to LEADING ART
CASES. The figure in front of the colon refers in each i

Conviction on merits
by means of a conditional under defective in-
pardon
39:112 dictment 20:573
Discharge by imprisonment under different
Effect upon functions
sentence I6:450 statutes allowing state
Discretion of trial court quittal
in46:1107-1108
suspending se
tence 30:369, 396 Instructing jury that they
Effect of acquittal of gether
all butas one defendant
error 37:499
in conspiracy 16:142 Limitation of right of appeal
Effect of commutation 28:322 cases 17:317-330
Effect of irregular sentence 24:578 Presumption as to har
Erroneous sentence and power to resen- Proposed statute allowi
tence 9:220 20:219
Excessive sentence: wh
Prosecution of appeal after defendant's
writ of error
death or 10:453 habe
Raising new ques
9:287
Federal court's right
Reversing to im
judgme
a sentence imposing a fine 21:145 exception had been taken 36: 03
Indeterminate sentence laws-adolescence Review of trial court's refusal to grant writ
of peno-correctional legislation of error coram nobis 37:744, 774
50:677-687 Right of one who has served sentence to
Individualization in punishing crime 33:449 appeal 35:766
Judicial finality of a criminal sentence Right to appeal wh
44:967-97r 41:534
Jurisdiction lost by delay in passing sen- -by escape 41:534
tence 9:155 -by pardon 41:534
Power of court to enforce sentence after Time within which motion for new trial
suspension of execution 36:342 must be made 28:412, 434
Power of court to suspend execution of
sentence 36:342 Pardon
Power of court to Commutation,
suspend imposition
necessity for acceptance or
enforcement 25:739 41:98
Predictability of reform 43: 334 Commutation, revocation of 41:670
Remanding for new sentence 20:414 Conditional pardon, effect of declaring con-
Resentence after executive reprieve: use of dition void 41:399
injunction against execution of original Delegation of pardoning
sentence where there was a reprieve and Effect of pardoned subseq
no resentence 40:78I suspended sentence 41:918
Right of women to same criminal penalties
Effect of pardon on right to appeal
as men 33:449, 473
Sentence increased on appeal 24:320
Reforms
Sexual sterilization of Cleveland
criminals as35:967-971
survey cruel and
unusual punishment 39:77o Criminal law reform and Sir Samuel Rom-
Substitution in the juvenile court of proba-
illy
I5:446-467
tion for imprisonment 23:115-117
Criminal sociology 31:316
Suspended sentence: necessity of jury trial
Defects and remedies 35:785, 967
to determine violation of condition Improvements in criminal pleadings
40:133 io:98-112; 24:290-297
-pardon of a subsequent offense as oblit-
Individualization of punishment -
erating conviction for purpose of revok-bility of prognosis 42:297-329
ing suspension 41:918 Judicial discretion in filing of ex officio in-
Treatment of convicted offenders formation -recent 36:204
developments 50:598-603 Juvenile courts 39:1109
Unauthorized fixing of maximum term of
Limitation of right of appeal i
imprisonment 19:468 cases 17:317-330
Unauthorized postponement of punishment
Methods of criminal law reform
24:579; 27:590 50:603-609
Vacation of sentence under plea of guiltyModem tendency toward individualization
14:609; 27:86 in punishment 33:449
Validity of sentence when some of counts Principles of a rational penal cod
in indictment are void 14:229 41:453-482
-basic criterion of penal system
Appeal 41:469-475
Appeal from conviction in accordance with - essence of Ferri's scheme of individual-
instructions requested by appellant not ization 4I:467-469
warranted by evidence 29:448 - individualization, wit

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326 CRIMINAL LAW-CUSTOMS AND USAGES
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECE
CASES. The figure in front of the colon refers in each instance to the volume.

priate sciences, as the means of enforce-Gift of growing crop without tra


ment 41:462-481 possession 9:547
-machinery of individualization Implied consent of m
41:475-481 crops to sales in ordi
- means of enforcement 4I:462-481 ness 49:649
-need, and the technical instruments, Measure
of of damages for breach of war-
individualization 41:462-464 ranty of seed 14:543
- objection to utilization of scientific Nature of in- crops: realty or p
strumentalities in administration of 36:755
criminal justice 41:464-465 Possibility of chattel mortg
- punishment as a deterrent 41:459-460 be planted in future 8:230
Right to matured but unsevered c
- punishment as a preventive 4I:461-462
--rationale of punishment: retributive- termination of lease 24:579
expiative theory 41:456-458 Validity of mortgage of crops to be g
on after-acquired land 37:765
- types and stages of individualization
41:465-467
- underlying social-ethical principle
CROSS-EXAMINATION
41:455-462 See Witnesses.
Prospects for criminal law reform
50:609-615CRUEL AND UNUSUAL PUNISH-
Public defenders for criminals suggested
MENTS
Io:514 See Constitutional Law.
Reforms in criminal procedure 7:189-202
Sentence - predictability in criminal justice
CUBA
42:297-329
See Constitutional Law, International Law.
Sentence, probation, parole - prognostic
tables 42:309-319
CUBAN LAW
-research upon which prognostic tab
are based 42:301-309 Provisions of the penal code of Cuba
I3:124-136
-use of prognostic tables in individual
CURTESY
cases 42:319-327
-weakness See also Descent
of existing and Distribution, Dow
practice
Vendor and Purchaser, Wills.
42:327-328
Disseisin: rights of
Significance of European husband of disseisee
experience
form of criminal procedure 3:27 48:4
Study and aid - rights
of of husband of disseisor
juvenile 3:28
delinque
Effect908
36:907, of legitimation of a child on father's
Suicide and the law I7:331-341 right to curtesy 24:r46, I53
English
A survey of reversals in recent Illinois crim- and American views compared
inal cases 42:566-570 36:991
Estate tail of wife determined by her death
without issue 9:158
Statistics
Fee simple of wife determ
Crimes known to the police - an index of 9:158
crime ? 45:307-334 Husband and wife as stat
Note on " crimes known to the police "42:330-36
45:533-534
Modification under a code 36:1002
Robberies and burglaries known
Nature to police,
of husband's interest during life of
with arrests and convictions, table for
wife 13:221; I5:77
principal cities, 1930 45:332-334 One ignorant of, is not
against a bona fide pu
CROPS 5oo
Property fradulently co
See also Landlord and Tenant, Sales, Stat-
ute of Frauds, Vendor and Purchaser. wife 9:546; I4:452
Attachment of unripe crops I3:218 Should statutory curte
estate free from claims of creditors
Constructive severance of growing crop by
sale or mortgage 36:755 42:357-361
Croppers' contracts 36:209, 226 Wilful slaying of wife-a statutory solu-
Damages for breach of warranty of seed tion 49:724-735
when only part of the crop grows
21:286 CUSTOMS AND USAGES
See Banks and Banking, Carriers, Deed
Death of mortgagor as preventing attach-
ment of lien on future crops 48:123 Evidence, History of Law, Insurance
Equitable mortgagee of future crop pre- Master and Servant, Parol Evidence
ferred to later lien 9:287 Rule, Sales, Waters.

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CUSTOMS DUTIES -DAMAGES 327
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume.

CUSTOMS DUTIES Set-off of payment made by one not liabl


for injury 49:160
See also Constitutional Law, Interstate
Commerce, War. Statutory changes in ci
Carrier's lien for money advanced to pay
customs duties I'7:495 Elements
Definition of smuggling under United States
Compensation for use of railway tracks
statutes I2:561 9:485
Federal constitution as affecting
Compound interest 32:82 righ
one state to tax Costs
imports from
of litigation caused byanot
failur
state 22:27-29 17:139
Federal constitution as ofaffectin
Counsel fees as element damage 15:86o
states to tax importers 29:472-477 Damage caused by trespassing animals
Foreign liquor ships beyond the territorial 32:420, 431
belt 36:609 Failure of musician to receive publicity ex-
Power of Treasury Department
pected under contract 32:435
goods from district x7:134 Good will 20:235
Processing taxes and protective tariffsImprovements of conv
49:610-618 20:227, 23
Rights of defrauded vendor to recover Infant's damages for
smuggled goods i6:525 capacity 15:76
Smuggling by failing to declare dutiable
Infringement of tra
goods at a foreign port 40: IoI3 Interest rates in the federal courts
Test of obscene literature 48:519 44:105-108
Use of Tariff Commission report in inter-Interest: recovery of interest allowed by
preting presidential proclamation German-American Mixed Claims Com-
50:837 mission 37:492
CY PRES DOCTRINE - upon demurrage 21:367
- when general license is measure
See Charities, Estates (Fee tail), History of
ages for infringement of pate
Law (Property), Rule against Perpetui-
ties, Trusts. 2I:293
Interruption of water right I5:577
DAMAGES Loss occasioned by company's delay in de-
Nature livering cipher telegram 23:408
Elements Married woman's recovery for impaired
capacity to labor 9:473
Mitigation of damages Measure of damages in eminent
Liquidated damages
35:76, 86
Exemplary damages - parasitic damages for emotion
Measure of damages: contracts 49:1048-1049
Measure of damages: torts
Mental distress as element of d
Consequential damages
general 2:390; 4:197-198; i6:66;
Excessive damages
Roman law 49:1033-1067
-emotional disturbance without physical
See also Admiralty, Carriers, Death by injury 49:1049-1067
Wrongful Act, Eminent Domain (Com-
--fright accompanied by co
pensation), Equity, General Average, In- -illness or injury without im
junctions, Interstate Commerce, Jury, 49:1035-1048
Landlord and Tenant, Negligence, Nui-- in action for conversion 22:609
sance, Railroads, Replevin, Rescission, - in action of trespass 27:87
Restraint of Trade, Sales, Specific Per-
- negligently caused 20: 49
formance, Torts, Workmen's Compen-- without physical injury, due to neglig
sation Acts.
transmission of telegram 17:572
Nuisance threatening long existence
Nature
II :II8
Classification of kinds of damages in tort
Penalties for litigious delay in paymen
8:378-385 insurance claims 48:319-327
Compensation for objective loss 39:760Premiums paid by one to whom terms of
Damages for anticipated injury to land insurance had been misrepresented
37:574-601 22:59
Damages in the German law 22:176-179 Prospective injury as an element of dam-
Measure of damages a test of whether age under modern statutory jurisdiction
courts are enforcing a quasi-contract or of courts of equity: Lord Cairns' Act
a contract implied in fact 33:376-400 38:667, 689
Nature of obligation to pay damages:Prospective loss of services by child's death
whether consensual I9:531 I2:I40

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328 DAMAGES
References in heavy-faced type are to LEADING A
CASES. The figure in front of the colon refers in eac

Railroad tracks on highway damaging Effect of gratuitous medical aid by stran-


abutter 11:268 gers 11:198; 20:415
Recovery by deEffect jure of necessityagai
officer of t
officer for compensation avoid loss 47:877 while
the office 23:571 Effect of retraction in libel and slander
Recovery by wife for injury to husband 8:506
does not inflict double damages Effect on rule by unreasonable delay of car-
35:343 rier 8:174
Recovery for mental suffering of benefici-Failure of pla
aries allowed by German-American obtainable 14:387
Mixed Claims Commission in actions for Mitigation of damages i
wrongful death 37:492 realty 37:576
Recovery of damages incident Provocation
to dismissal in assa
of eminent domain proceedings Provocation 47:355 reduci
Right to recover both profitsages and damages I6:59I
in equity 36:759 Right of conv
Right to recover for shortening of life 26:76
49:482Right of recou
Street opened across railroad's converted property righti8:305 of way
9:359 Rule in regard to wilful torts I2:5IO
Unborn children: recovery for negligentlySalvage allowed in reduction of damages
causing death of 8:365 16:519
Unsustained plea of truth in Subsequent
action offer
of by defaulting vendor
libel
43:323 16:142
Value of whole crop when only partLiquidated
had damages
grown 21:286 Distinction between penalty and liquidated
Wife's death 20: 148 damages I6:304; 39:391
Wife's gratuitous nursing 20:415 Effect of posting penal sums t
formance of contract 29:454
Mitigation of damages Growth of the distinction between pe
See also Libel and Slander. and liquidated damages 29:127-129
Application of rule to sovereigns I6:524 Provision that bankruptcy of lessee shall
Basis of duty 46:31 terminate lease and give lessor right to
future rent
Benefit to the plaintiff: from as a valid
the provision for liqui-
defendant
24:62 dated damages 42:951
- from third parties 2 2:43 Right to both injunction a
- reduction of damages on account of damages 15:582
benefits I5:572 Same penalty attache
Contributory negligence conditions
of plaintiff I3:6o
Io:387 Whether demurrage
Depreciation from injuries sonable delay 30:647
exceeding co
of restoration 11:128 Whether demurrage rate prec
Duty of buyer to mitigate for deadconsequential
freight 40:I014
damages from breach Whether forfeiture of sum for non
of warranty
33:6Io ance with franchise is 24:66
Duty of innocent party to accept offer of
defaulting party inExemplary mitigation damagesof dam-
ages 33:854, 863 Action by wife for wrongful sale of l
Duty of landlord to mitigate damages to husband 9:22I aft
tenant's abandonment 44:993 Against surgeon fo
Duty of plaintiff to sue third person without
for patient's consent 20:501
breach of contract 42:576 Anomalous nature of and practical objec-
Duty to break contract with third tionsperson
to exemplary damages 22:420422
in order to mitigate damages 33:728 Basis of rule 7:45
Duty to mitigate damages after breach of Corporations punished
promise to keep offer open 27:650-652 7:45
Duty to mitigate damages after breach of Evidence of defendant's wealth 26:270
warranty 36:219 Exemplary damages not awarded against
Duty to mitigate damages Germany byafter German-American Mixed
repudiatio
of contract 14:422-423 Claims Commission in actions for wrong-
Duty to seek other employment after ful death 37:492
breach of contract IO:I29; 12:435; Extrastate enforcement of claim for
I5:662 46:210-211
Effect in slander and libel of truth of partFruitless exploratory trespasses in oil fields
of statement not declared on 25:566 48:485-487

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DAMAGES 329
References in heavy-faced type are to
CASES. The figure in front of the colon

Liability of a corporation about to be destroyed as nuisancefor pun


ages for the tort of an agent 33:III 21:631
Liability of insurer to indemnity for ex- Contract not to disclose imparted informa-
emplary damages 37:154 tion of criminal conduct 50:693
Liability of master for servant's tort
Contract of service broken before end of
5:21-22; 7:45; I5:7I term I2:435; 15:662
Plaintiff entitled as matter of right I8:228 Contract to indemnify
Punitive damages in tort cases against loss from disclo
44:1173-1209 information 46: I336
-attempts to individualize the treatment Contract to pay if plaintiff
of defendants 44:1188-1191 fendant, repudiated during
-cases in which the wrong results in a
parties 45:585
financial advantage to the defendant and
Correspondence school installment con-
cases in which it does not 44:1185-1187tracts 45:186
-cases in which there is more than one Cost of rebuildin
defendant 44:1192-1194 law (in fire insurance) I7:I35
-general justifications of theCost doctrine of
of reproduction as " market valu
punitive damages 44:1183-1184 23:632, 64I
-general objections to punitive damages
Covenant of warranty: limited to amoun
44:1176-1183 paid by original grantee 26:755
- punitive damages and liability basedCovenants
on in leases for reintry and dam-
fault 44:1173-1176 ages upon bankruptcy of lessee
- punitive damages in respondeat superior 47:490-494
cases 44:1199-1205 Damages for wrongful dishonor of check
-revenge and punitive damages payable to self 42:825
44:1198-1199 Delay in establishing credit in fo
-wrong which is both a rency tort and a crime
of fluctuating value 4
44:1195-1198 Dishonor of foreign draft 35:88
-wrong which resultsDissolution in injuryof foreignto more
partnership by decla-
than one plaintiff 44:1194-1195 ration of war: rate at which foreign
Recovery for unproved plea of unchastity assets are to be exchanged 40:138
in breach of promise II:268 Divisible contracts II:477; 16:303
Replevin I3:69I Duty of promisee to accept offer of default-
Unsustained plea of ing
truth in
provision in action
mitigation of li
of damages
43:323 33:854, 863
Measure of damages: contracts Effect of depreciation of German marks for
In general I9: 53 which bill of exchange is drawn 29:873
Amount of recovery Effect by of mortgagee-obligee
plaintiff's bankruptcy when the
for breach of completion bond
defendant's breach 47:705
causes the plaintiff to
Anticipatory breach 10:62; 13:223; break a contract with a third person
I5:397 41:670
Effect of re-sale in cases of delayed de-
Breach of bridge contract affected by later
destruction of bridge I4:463 livery 25:87
Breach of contract to farm on shares Executory cont
34:662, 675 II:I98; 22:614
Breach of contract to sell land because of Failure of payee to return note to maker in
failure of title 16:304 violation of agreement 14:468
Breach of obligation of gold clause
For breach of covenant of quiet enjoyment
48:1072-1081 in a lease 24:65
Breach of warranty I4:454,For 543; breach
I5:586; of promise
33:475 debt 38:505
Breach of warranty of seed when only part For breach of pro
of crop grows 21:286 ance in foreign country 39:392
Breaches of separate contracts resulting
For delay in in credit
establishing foreign
same damage Io:5r3 39:392
Broker's delay in delivery For
ofsale
stock certifi-
of goods under unfair competition
cates in absence of evidence that plain- 24:162
tiff would have resold onForeign currency:
falling marketdate at which rate of
45:1258 exchange should be applied 34:422, 435;
Consequential damage from breach of 45:II19
promise to relieve land of mortgage Increased cost of building caused by cir-
49:653 cumstances of which there was no notice
Contract fixing no definite price I4:463 at the making of the contract 35:205
Contract for sale of realty 22:380 Injury to reputation resulting from breach
Contract insuring against fire building of contract to employ actor 47:875

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330 DAMAGES
References in heavy-faced type are to LE
CASES. The figure in front of the colon ref

Law of place of Verdict for nominal damages


performance affect up
ages 15:407 dated claim for substantial dam
Measure of damage for
46:852
ney without cause 28:IOI Warrantual versus tort measure of
Measure of damages against telegraph com- 50:1244-1246
pany for failure to send a code Wilful default by vendor of lan
message
41:256
Misrepresentation as to theMeasure terms of ofin-damages: torts
surance as sufficient to allow Actionrecovery by ofbailee against strang
all premiums paid 22:59 13:411; I5:585
Patient's financial standing as Action for death
element inby wrongful act 2:189;
determination of reasonable value of phy- II:27I; I2:I40, 433; I5:313
sician's services 42:584 Actions qui tam under patent laws
Principle of limiting liability for breach to io:272-274
consequences which promisor Admiralty:
could tort
rea-committed by two vessels
sonably have foreseen 46:28-30 24:150
Probate clause in insurance policy: appor-
Award of separate damages to each of sev-
tionment of recovery when both com- eral plaintiffs in addition to an injunction
pound and specific policies 26:80, 88 33:6io
Promise in note to pay attorney's fees Bailee suing for injury to bailed chattel
24:58 25:655, 660
Quantum meruit for work and labor on Benefit to defendant as basis of recovery
breach of express contract 7:184; for trespass to land 48:488-489
Io:38I; 11:342; 13:140 Civil liability provisions of Securities Act
Quasi-contracts 15: 44 and Securities Exchange Act
Recovery for breach of warranty after re- 48:114-118
sale of seed 29:221 Collision: damages estimated at full value
Recovery for mis-dating of new bill of parts lading
10:58in
C. I. F. contract 42:576 Communal liability for mo
Recovery for use and occupation from a 49:I365
tenant holding over 38:1II Compensation for loss of use of personal
Recovery of plaintiff for improvements property on 34:674
breach of covenant to convey 10:451 Compensation not pu
Refusal of buyer to accept stock 25:670 civil actions 47:1132-1133
Repairs made by landlord during term after Completed injury to realty which d
breach of tenant's covenant to repair ant is powerless to remedy 37:57
23:67 582-584
Repudiation of advertising contract after Computing liability of corporate director
advertisement has been prepared for who has also wronged subsidiary cor-
printing 22:229 poration 50:964-965
Revocation of license: Continuing
unwarranted injury to realty
ejectio
of theatre patron 42:834 ant is under a duty to prev
Services rendered under contract within 37:577-601
Statute of Frauds 14:467 Conversion: general rule
Special circumstances: effect of notice after
10:312; I2:218; 15:318
delivery of goods to carrier 25:562 -by pledgee 7:243; 9:540; Io:65
Special damage for delay in transportation, -enhanced value at time of demand as
which ought to have been reasonably measure of damages when property of
contemplated from the character of the one man taken by another 22:423-426
freight 23:223 -innocent vendee of trespasser liable for
Speculative profits 46:696-701 conversion 8:508
-measure of damages w
Substantial damages for breach of arbitra-
tion clause 48:327 wrongfully taken by a
Substantial performance of building 22:419-426 con
tract 22:381 -measure of damages when property of
Successive actions by servant for wages one man is taken by another as affected
after wrongful discharge 22:537 by form of action and by state of mind
Suits for breach of contract occurring inof wrongdoer 22:422-423
-of stock 2:I88; 7:243; IO:312; 24:62;
foreign countries: date selected for com-
puting damages in terms of money of the 33:474
forum 40:621-625 - of stock by one authorized to transfer as
Telegram erroneouslycollateral transmitted 9:485
12:423; I6:372 - trover for conversio
Value of promise as measuring damage in 21:629
breach of contract 13:223 - trover for severanc

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DAMAGES 331
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refe

-trover for wrongful Reasonable royaltysale by


rule applied con
in patent
vendee 14:75 infringement 36:627
Conversion: common Recovery for law landprincip
in improv
stantially applied action by German-Am
for right of support I3:4I4
Mixed Claims Commission 37:492 Recovery of profits for unfair competition
-measure of damages for conversion of 36:II4
property of fluctuating value 39:124 Rental value as measure of damages for
Cost of reproduction as " market value " injury to automobile used for pleasure
23:632, 64I only 21:445
Damage to plaintiff or benefit to defendant Retention by fidu
in trespass to realty Io: 30 ties 49:1002
Damages for exploratory trespasses in oil
Severance from r
fields 48:485-489 trespass 28:706
Subjacent
Date determining rate of support
exchange for con-
version of damages computed in foreign
Suit against bank di
currency 47:876 proper loans broug
Deceit I4:454; 22:59; 38:523 of security 49:827
- loss of disputed claim 25:190 Suit on theory of quasi-co
Delay in transportation by sea I6:304 to plaintiff or market value 43:832
Detention of personal property 14:387 Temporary loss of use of a damaged pleas-
Diminution of selling value of estate arising ure vehicle 34:330
from fear of further subsidence 21:367 Verdict apportioning dama
Distinction between joint tortfeasors and tortfeasors 29:344, 793
contributors to injury as regards full in- Warrantual versus tort measure of d
dividual liability to the person damaged 50:1244-1246
23:406 Consequential damages
Effect of death of plaintiff pendente lite See also Limitation of Actions.
upon the amount of damages recoverable Certainty of loss affecting recovery
by heirs 34:337 of profits 13:149
Fish-net injured by floating logs
Consequential damage 8:426
from
Impaired purchasing power of 13:149;
tract 12:423; money I4:463
35:6I9 -under special circumstances 19:15
Infringement of easement, whether re- Consequential damages caused by breach
covery for injury to other than dominant seller's warranty 33:610
tenement 26:90 Conversion of goods in transit 21
Infringement of patent for
Diminution which
of selling valueowner
of estate a
an established license fee 21:293 from fear of further subsidence 2
Injuries from nervous shock caused by fear Effect of resale contract on damag
of injury to third person 38:687 delayed delivery of goods sold
Injury caused by unlawful expulsion of 45: 421-1423
resisting passenger 9:221 Executory contract of sale 8:429
Judge's negligence in signing billFailure
of excep-
to make profit constituting damage
tions defeating appeal 47:I062 2:25-26
Leased premises rendered uninhabitable Gratuitous nursing 20:415
20:333 Injury from fright accompanied by co
Liability for unauthorized repetition in tact 23:224
slander 30:87 Injury to goodwi
Measure of damages and goods
fective profits in pat
44:1141
causes 36:627; 4I:906-909 Liability for negligent injury t
Mental distress without physical impact
which or damage to a contr
caused
injury 46:I64 lation 40:302
Multiple causation and damage of telegra
Liability
47:1133-1141
occasioned by delay
- effect of innocent cause impending
message 23:408 when
guilty becomes operative
Loss of 47:1133-1137
contract due
--impending guilty by
cause: effect
carrier distin-
36:342
guished 47:1137-1141 Loss of contract for sale by ca
Nominal and actual damages for injuries
tion to
from agreed route 22:59
water rights 50:282-292 Loss of opportunity to compete for em-
Objective determination of the value of the
ployment 24:579
use of a chattel 39:760, 773 Loss of opportunity to re
Obtaining proceeds of life insurance policy
breach of covenant against
by fraudulently inducing bigamous mar- 39:505
riage 48:1013 Mental anguish caused by breach of con-
Permissive waste by vendor 48:821 tract 25:387; 3I:306; 39: 097

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332 DAMAGES -DANGEROUS PREMISES
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

Mental anguish resulting from Children, exclusion implied invitation of 9:149;


from dance hall because of being dressed 11:345, 351-359, 446-448; I2:206
in naval uniform 21:541 Duty of landowner to warn visitors of
Recovery for failure to deliver danger of assault by strangers 17:358
telegram
meant to complete a contract 30:90 Duty of occupier to protect customers from
Recovery for loss of unenforcible resale human dangers 36:343
contract 37: 1136 Insanity of owner as a defense 20:330
Recovery for mental distress caused by Lessee liable for injuries to invitee on por-
non-delivery of corpse 42:284 tion of premises not covered by lease
Recovery from physician for lack of or- 33:87I
dinary skill 10:303 Liability for acts of independent contractor
Speculation in stocks prevented by non- 18:144
delivery of telegram 6:51 Who are invitees 7:378; I6:516
Warranty: duty of buyer to mitigate
33:6Io Liability to licensees
- prospective profits 33:475 In general 8:364; 29:53-54; 3I:293
What amounts to notice to defendant that Affirmative negligent acts 25:667
a certain special damage will result fromContract exempting railroad from statutory
his breach of contract 23:223 liability 2I:289
Effect of statute re
Excessive damages gasolene to be marked 27:28I
Compulsory remittitur 35:6i6 Liability of charitable organization
Latitude allowed to " nominal damages " 25:720, 737
24:238 Liability of contractor to persons coming
Power of appellate court to cut down on a scaffold under an arrangement be-
amount found by jury 8:175 tween the contractor and the owner
Proof of plaintiff's activity after judgment 30:I86
for permanent disability as grounds Liability
for of landlord to licensee of tenant
new trial 46:721 29:226
Remittitur by appellate court 18:3I2; Liability of municipal corporation to
33:248-249 scholar at public school 23:149
Roman law Who are licensees: firemen 6:323; 18:397;
Application of law of valuation in other 34:87
than compensation cases 34:255-256 - officer with civil process not necessarily
Application of Roman law of valuation to licensee 8:I20
compensation cases 34:252-255 - teamster inju
Different kinds and definitions of value take a receipt 7:378
34:237-249
- (a) quanti venire potest - market value Liability to trespassers
34:238-240 Adult trespassers 1I:349-350
- (b) verum pretium: quanti omnibus Attractive nuisance 9:149; 1:345,
valet - ordinary or general value 360-373, 434-445; I2:206; 17:358;
34:241-244 21:57; 22:538
- (c) utilitas: id quod interest - value to Child trespassers: in general
the owner 34:244-247 ii:349-373, 434-448; 32:434;
- (d) pretium ex affectu - sentimental 36:838-854
value 34:247-249 - American authorities collected
Evidence and proof of value ii:446-448;
ofI2:206; 36:854-857
property
34:256-257 -basis of occupier's liability in turntable
General rules of valuation in Roman law cases 36:838-854
34:249-252
-English decisions
Importance of Roman law valuation of -implied invitation of 9:149;
property at the present day 34:230-232 ii:357-359; 36:847-852
Sources for Roman law of valuation -on railroad track 27:595
34:232-237 -on turntable II:349-373, 434-448;
Valuation of property in the Roman Law 12:206; 17:358; 2I:57; 22:538
34:229-259 - reservoirs as an attraction to children
DANGEROUS PREMISES 11:345
See also Landlord and Tenant, Negligence, - turntable cases in the federal courts
Railroads, Torts. 36:826-854
Condition of premises as wilful or wanton
Liability to invitees conduct 3 I:293, 313
Acquiescence construed as invitation Doctrine of attractive nui
17:425 explosives 33:656
Business visitors as invited persons 6 :516 Duty to seen trespassers 27:403-418

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DANGEROUS PREMISES -DEATH BY WRONGFUL ACT 333
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to
CASES. The figure in front of the colon refers in each instance to the volume.

Duty when trespassers are to be expected Canal Zone civil code construed to deny
I6:516; 24:320; 27:396 recovery 38:499
Landowner's liability for negligent act com- Child dying, after
mitted off premises 49:IOIO injury I5:3r3
Construction of statutes as affected by
DEAD BODIES statutes for the survival of actions
Buried corpse: whether realty 17:132 4:145; 9:224; I5:854
Father liable for expenses of burial of infant Constitutionality of statute allowing en-
I3:3o6 forcement of foreign right only when de-
Mishandling of corpses--redress for in- ceased was citizen of forum 21:285
jured feelings 49:1064-1067 Death not within a year and a day included
Mutilation of body: action therefor 12:220

5:285; II:2OI Death of next of kin given right of


Nature of rights in dead body 5:285; by statute does not defeat 29:78i
Io:5I; 11:201; 13:63; 24:315, 32I Expectancy of wife material because of
Negligent mutilation: right of recovery for purpose of recovery as shown by dis-
mental anguish by relative other than position of damages I8:I46
next of kin 28:322 Extrastate enforcement 46:206-210
Removal of body from tomb by right
Foreign-acquired tomb- of action
owner enjoined Io: I9I 3:116-125; I6:63; 2I:78-81;
Right of relatives to determine place of
3I:II6I, II64; 32:172
interment 7:I23; 12:281 Inadequacies of existing " wrongful death "
Right to dispose of body by will
and " 15:64
survival" legislation 44:980-984
Justification of death statute 30:742, 77i
DEATH BY WRONGFUL ACT Liability for failure to perform a contract
In general to heat premises 3 :800
Common law liability Liability to widow who married
Civil law liability after injury 28:812
Statutory liability: in general Lord Campbell's Act and su
Defenses to statutory liability to recover for shortening
Damages in statutory action Nature of liability imposed
Who may sue 11:53, 476; 25:87
See also Admiralty, Conflict of Laws, Proxi-
Nonresident aliens: rights of I9:215
mate Cause. Power of state to allow action for death by
maritime tort 9:482; I5:408
In general Rhode Island statute: negligent omissio
Damages for death of tenant on breach of not included 8:432
covenant to furnish heat after transfer of
Right of action for death as p
the reversion 40:787 the scope of maritime law 21:75-77
Right of action for, originates in bene-
Common law liability
Application of rule of common law to
ficiaries 37:492
Theory of statutes: wh
death from collision on high seas
entirely new right I5:854
32:7r3, 727
Time of accrual of action 2I:I43
Argument for common law action by father
or husband for death of child or wife
Two independent causes of action 20:4I6
Unborn children: whether included
7:175-176; 20:148 8:365; i5:3I3
Historical reason for absence of liability in
general 7:170-174
Defenses to statutory liability
Civil law liability Action by posthumous child after recovery
Provisions of various codes under which by mother I7:59
such recovery is allowed 38:500 Actions under foreign sta
period 50: r169-1170
Statutory liability: in general Contributory negligence, burd
Application of statute of jurisdiction in 44:292
which death, but not injury, occurs Contributory negligence of beneficiary
38:252 4:143; 9:282; 10:529; 2I:636; 27:87;
Application of statutory liability to tort 44:294
committed upon high seas 15:408; Contributory negligence of deceased
I6:I40; 22:407-417; 30:742, 77I 12:357
Application to admiralty 44:236-239 Foreign administrator bringing action with-
Attempt to impose liability under one out taking out ancillary letters of ad-
statute giving damages for injury and a ministration 23:64
second statute giving damages for death Limitation of action: time when action
30:396 accrues I9:458

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334 DEATH BY WRONGFUL ACT-DECEIT
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; an
CASES. The figure in front of the colon refers in each instance to the volume.

Negligence of husband in charge Quid


ofpro quo: what constituted same in
child
imputed to wife 29:99 early law 8:261-264
Release by deceased I3:309; I4:290; Recovery for money or goo
28:802, 812 person for plaintiff's benefit 8:100
Damages in statutory action Right to sue for a tax as for a debt
Loss of care and advice of husband 26:551 21:283, 295
Loss of parental care I9:38I DEBT, ACTION OF
Measure of damages as applied by the Action regarded as claim to property be-
German-American Mixed Claims Com- longing to plaintiff 8:260-261
mission 37:492 Debt originally only action on covenant to
Nominal damages 12:433 pay money 2:56-57
Pecuniary benefits merely expected Obligation from to account not e
debt 2:253-257
the continuance of life 2:189; 11:27I
Prospective loss of services 2:189; I2:I40
DECEIT
In general
Who may sue
Elements: representation of fact
Abatement of the action upon the death of
Elements: falsity of representation
next of kin 42:437
Elements: knowledge of falsity
Administrator where injury occurred or
Elements: intended reliance on misrepre-
where defendant is domiciled sentation 39:802
Foreign administrator without ancillary
Elements: materiality of representation
letters of administration 23:64
Elements: reliance on misrepresentation
Interpretation of clauses defining persons
Elements: damage
who may sue I4:302 Defenses
Recovery by parent against estate of de-
See also Agency, Damages, Infants, Negli-
cedent's husband 50: I3
gent Misrepresentation, Torts.
Right of daughter not supported by father
to sue for his death 27:87
In general
Right of deserting wife under Federal Em-
Decline of caveat emptor 50:1246
ployers' Liability Act 43:1309 Effect of misrepresentation as to age as
Right of wife not supported by husband
affecting infant's right to recover for in-
to sue for his death 24:321 jury occurring in violation of child labor
Suit against husband where wife is sole
law 30:528
beneficiary 48:849
Inadequacy of a
What personal representative can sue in
closure of cor
foreign jurisdiction 23:554, 564
Liability for m
in the action of deceit 35:654-658
DEBENTURES
Liability for words spoken, known to be
See Bonds, Corporations, Mortgages, Taxa-
untrue and from which physical harm
tion.
resulted 35:348
Liability to one reaso
DEBT to be harmed 47:559
See also Bankruptcy, Conflict of Misrepresentation
Laws, as deceit, n
warranty 42: 73-747
Limitation of Actions, Municipal Cor-
porations, Release, Rent Charges,Promoters'
Taxa- profits--effect
tion. curities Act 49:788-790
Statutory attacks on deceptive a
Bad check laws as involving imprisonment
for debt 45:742 43:945-949
"Contract" used in Year Books in sense Warrantual versus tort measure of damages
of real contract 8:253, n. 3 for misrepresentation 5o:1244-1246
Imprisonment for violating statute making
it a misdemeanor to refuse to pay Elements:
taxicabrepresentation of fact
hire as imprisonment for debts Concealment
30:394 by promisor of facts prevent-
Limitations on state legislation imposed ing by performance 9:424
constitutional guaranties against im-
Contract, misstatement of consid
prisonment for debt 41:786-790 II:48I
- fraud in inception as a crime 4I:789 Deed, misstatement of consideration in
- improper use of construction money 15:576; I6:143
41:787-788 Expression of opinion: when actionable
- refusal by one able to pay a debt with- 17:193
out bona fide defense 41:790 Misrepresentation caused by defendant
-violation of security as a crime 41:787 I5:158; 16:378
Mutual promises did not create debt Promise made with intent not to perform
8:261-262 9:424; 12:438; 47:559-560

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DECEIT- DECLARATORY JUDGMENTS 335
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to R
CASES. The figure in front of the colon refers in each instance to the volume.

Elements:
Representation that plea of guilty would be damage
a benefit to defendant in criminal prose-
Civil liability provisions of
cution 8:222, 357 regulation 48:114-118
" Seller's talk" 13:63 Difficulty of assessing damag
- representations of value for
made as affirma-
denying relief 23:401
tion of fact 25:472 Loss of consortium 10:241
Refraining
Trade union's failure to notify from suing
of change in mutual de
wage scale 28:630 defendant's statement that debtor was
Whether one represents that his
solvent acts are
23:401
legal 25:88
Defenses
Elements: falsity Action on falseof represe
promissory representation
Buyer's lack of reasonable
as not within Statute of Frauds 50:694 e
ability to pay 46:1344 Civil liability provisions of federal securi-
Director's failure to disclose material fact
ties regulation 48: 18-120
when purchasing stock 46:847 Negligence of plaintiff as defense 8
Rex v. Kylsant-A new Golden Rule for I5:576; I7:42I; 49:830
prospectuses 45: 078-1083 Plaintiff's crime induced by misrepresenta-
Statement true as intended but false as
tion I3:215
reasonably understood 9:214 Plaintiff's part
tion a bar 20:60, 72, 330
Elements: knowledge of falsity
Abstract of title to realty negligently pre-
DECLARATORY JUDGMENTS
pared 21:439, 449 See also Courts, Judgments.
Knowledge of untruth on part of defendant
II:66 As alternative to recovery of money paid
Liability for honest misrepresentation
under threat of penalty 47:14I8-1419
24:415-440 As escape from " trial by combat"
-actions for damages 24:427-440 47:926-928
Attacking invalid foreign divorces and mar-
-early history 24:41-417
riages by declaratory judgment
Liability for negligent language
43:477-482
I4:184-199; 21:439, 449
Cause for
Liability of national bank directors of action,
a nature of 45:802
Contrasting functions of arbitration and
report negligently made 21:145
Negligent false representations 4I:I05 declaratory judgment 47:617-618
Statement made without due care to ascer- Counterclaim for declaration of invalidity
of patent in suit for its infringement
tain truth 2:384, 388; 5:209; 11:20i
50:357
Declaration of legitimacy under Uniform
Elements: intended reliance on misrepre- Declaratory Judgments Act 46:336
sentation
The declaratory judgment in public law
Class reasonably likely to rely, plaintiff
43: 290-1293
within 11:48I Declaratory relief in the Supreme Court
Unforeseen reliance 9:159; 15:576 45:o089-o096
Declaratory relief in western interstate
Elements: materiality of representation water disputes in the Supreme Court
Civil liability provisions of federal securities 45:717-723
regulation 48:112-114 Determining status of citizenship under
federal act 48:1429
Elements: reliance on misrepresentation
Effect of Article III of the U
Civil liability provisions of federal securities
Constitution 4I:234
regulation 48: 10- 12 Federal courts: application of
Effect of a provision in tory
a contract
judgmentfor
act 40:903
verification of its statements on
Growth of the rightjudgment
declaratory
to sue for deceit 21:218 50:1056-1058
Means of knowledge as a defense 8:63
History, constitutionality and functions
Refraining from suing mutual debtor as 48:693-698
defendant's statement thatIndebtor was 45:717; 49:1351-1361
federal courts
solvent 23:401 Judgment, nature of 45:798
Reliance by plaintiff for
Judicial natural
function, nature of though
45:797
unforeseen purpose 9:159 Judicial relief for peril and insecurity
Reliance by plaintiff unreasonable I5:576 45:793-854
Reliance on misrepresentation of mercantile
Legislation in the United States
agency based on misrepresentation of de- 34:697-712
fendant 15:158 Limitations on power to render declaratory

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336 DECLARATORY JUDGMENTS - DEEDS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RE
CASES. The figure in front of the colon refers in each instance to the volume.

Reference, in deed, to certain land of


judgments when foreign law is involved
41:257 grantor as street 9:549
May court render declaratory judgment
33:253 Elements
Necessity for declaration 47:Io59 Absence of money consideration i6:335
Need for, in tax administration Acceptance by public presumed from sale
48:1309-1310 from plan showing street 26:85
Procedure, nature and place of 45:800 Acceptance by public: what user sufficient
Right of claimant of remainder under will 7:44, 54; II:554; 14:65; I6:334
to declaration 48:129 - whether essential 9:488; 16:334
Suit by insurer to declare Deed or writing:
policy whether
lapsed essential
held
within federal judicial power 50:I317 7:44; 12:I45; I4:65
Supreme Court's jurisdiction on appeal Intention to dedicate 11:554; 14:65;
from state court's declaratory judgment i6:334-335
46:850; 47:285-286 Necessity that dedication be for an abso-
To question existence of municipal cor- lutely unlimited term 2I:I5I
poration 49:153 Validity when conditions precedent
Types of legal interest subsequent are imposedby
protected by dedicator
decla
tory judgment 45:806-854 21:356, 367
-building and other contractual restric- Validity when dedicator imposes limitat
tions on the use of land 45:822-826 inconsistent with public user 21:356,
- contested contractual privileges
45:808-815 Effect
-debtor v. creditor 45:832-836 Acceptance of dedication: whether su
- easements 45:838 cient to pass title 17:572
-escape from contractual Condition in dedication of highw
obligations
45:815-821 abutters be free from assessment for its
- non-contractual privileges 45:836-838 improvement, construed as a covenant
- peril in lease relations 45:826-832 21:356, 367
Effect of dedication upon the crown tak-
- privileges and immunities as against the
government 45:839-847 ing by escheat 21:15I
Effect of unregistered but rec
- privileges of government authorities
45:847-854 law dedication upon title of execution
purchaser of land registered under Tor-
Uniform Act on Declaratory Judgments
34:701-712 rens system 42:837
Use in constitutional litigation 50:241 Effect on right to dower 20:407, 417
Wrongs, necessity for in order to obtain Nature of interest passing 12:145;
judicial action 45:794 i6:334, 335
Revocability of dedication 9:488; i6:335
DEDICATION Rights of electric railway on crossing im-
See also Eminent Domain, Highways. pliedly dedicated by a railroad 21:629

Nature and scope Misuser and abandonment


Applicability to rights of public in coal and Nonuser for extended period: whether con-
oil lands 16:336-339 stituting abandonment 9:488
Remedies
Applicability to water for misuser: when
rights fee in dedi-
29:142-144
Cases distinguished: charitable trusts
cator 7:44; 12:145
16:128 -when fee not in ded
- estoppel in pais as against particular per- 12:145
sons II:I32; I4:65; 16:128 DEEDS
-grant 7:44, 14:65 Execution
-prescription 12:357 Delivery
Modern development of doctrine I6:128, Construction and operation in general
333-334 Exceptions and reservations
Origin and basis of doctrine 16:128, Conditions
332-333, 336, 338-339 See also Agency, Boundaries, Cancellation
Platting and sale of lots, plat indicating of Instruments, Color of Title, Covenants
street or park 9:488; Io:189 of Title, Estoppel, Mortgages, Parol Evi-
Power of a lessee to dedicate his term dence Rule, Recording and Registry
1:151 Laws, Reformation of Instruments,
Presumed dedication: whether applicableVendor and Purchaser.
to jus spatiandi or generally beyond
highways, parks, and squares I9:55 Execution
Purposes for which land may be dedicated Acknowledgment before interested party
I5:157; 16:128, 334 0o: 248; 34:330

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DEEDS 337
References in heavy-faced type
CASES. The figure in front of the

Agent executing deed:


to the fra
grantor
blanks 25:I84 from the grantee 28:813
-whether authority must be recited in Exchange of lands: implied warra
deed 11:200 title 12:64
Attestation: whether attestation of ac- - whether nega
knowledgment is sufficient 26:267 12:64
-whether witnesses required to see the - whether wor
signing 5:302 12:64
Grantee claim
deed, see Equit
Delivery
"Heirs" as " children " 36:344
Acceptance: whether necessary 11:129,
" Heirs " of grantor determined at expi
554; I3:I50; I4:456; I9:612
tion of life estate of sole heir presum
'Delivery in escrow: in general
26:565-587 tive 37:267
Implied grant: r
-as severance of joint tenancy 35:89
ous transfer 35:207
-burden of proof of performance of con-
dition i8:66 Innocent grantee under forge
ing title by adverse posse
- fraudulent delivery by on
escrow 10:454
Judicial avoidance of Rul
case 48:1213-I216
--irrevocable though no consideration
given 27:760
Lake as a boundary 32:174
Land " divided between " A and his heirs
--parol proof of conditional deliv
creates a tenancy in common 35:205
grantee or obligee 35:675
- subsequent sale by grantor before Life estate raised by implication 30:187
hap-
Partnership named as grantee: title in
pening of contingency I8:138
-to agent of grantee 23:642 whom 0: 188; I9:219
Proving an undelivered deed to
-to grantee 8:362
-to maker 11:125 parol evidence of animus tes
- to third person to be delivered on Quitclaim deeds: constructio
grantor's death I9:621; 26:575-582 tion 7:124; I0:63, 25I; II:555
-under recording acts 18:621
-to third person to be delivered on hap-Recital of consideration: how far conclu-
pening of contingency 26:582-587
-to third person to be delivered on per- sive in action on warranty 9:488
-how far parol evidence admissible to
formance of contractual obligation by
grantee 26:567-575 vary 25:663
- misstatement as basis for tort action
-whether consistent with power of recall
13:307
I5:576; 16:143
- whether grantee can hold in escrow Reservation construed as an exception
38:181-183
8:362; I2:60; 16:307
Restrictive covenant that lot shall not be
Delivery in escrow to attorney of grantor
37:262
occupied by a colored person 36:22c
Delivery to grantee on a condition certain Rights of grantee of deed to growing tirr-
to happen 34:556 ber 29:781
Rule inby
Power of recall reserved Shelley's case 36:344
grantor:
Threat by husband to commit suicide as
whether negativing delivery
duress o: 62
11:129;
13:307; 36:883
Recording: whether operating as delivery Title by descen
6:201; 8:289; 11:I29, 554; I2:I43; Validity of deed
I4:456; I5:750 value without
notice of agent
25:I84
Construction and operation in general Warranty deed of timber: whether fee
Condition against resale of a fee as restraint passes 26:453
on alienation 36:755 Warranty deeds,
Conveyance by grantor to himself and
Estoppel.
others 21:57 Whether grantee of land abutting on closed
Conveyance by grantor street takes to himself
to center 23:480 and
28:631; 29:201
Covenant against incumbrances includesExceptions and reservations
what easements 24:237 Excepted land: determined by subsequent
Doctrine of relation back not applied election in 16:225
favor of wrongdoer 7:242 - in which easement pr
Effect of giving deed on action already be- 20:574
gun 15:586 Reservation of coal bank to be selected:
Effect of redelivery whether valid I7:494 of an u

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338 DEEDS- DESCENT AND DISTRIBUTION
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RE
CASES. The figure in front of the colon refers in each instance to the volume.

Reservation of easements: "heirs" not DEPOSITS


named 9:361 See Banks and Banking.
-implied reservation 9:156; I6:455
- operation as restrictive agreement DESCENT AND DISTRIBUTION
I9:469 Nature
- reservation construed as exception Property passing
9:36I; 13:404 Persons entitled
Reservation of life estate to stranger con-Escheat
strued as exception 8:363 See also Choses in Action, Conflict of Laws,
Constructive Trusts, Executors and Ad-
Conditions
ministrators, Legacies and Devises, Taxa-
Assignment of right of entry to co-heir tion, Wills.
26:I76
Breach by sub-grantee when " assigns "Nature
not
mentioned in condition 7:500 Administration of the estate of an absentee
Breach due to mistake as to boundary: 43:485-489
whether ground for forfeiture 8:62 Death of owner without heirs: cestui que
Condition that part of land granted re- trust I4:549
main a street 8:62 Devolution of c
Impossibility of performing termination ofcondition
trust 22:6I0 sub
sequent 29:878 Function of a German probate co
Interpretation of termining words on appropriate
heir 2I:489-491
ditional fee as covenant 48:1205 Inheritance: non-existence of right at com
Unenforceability at law of condition subse-
mon law 8:162, 165-166
quent upon change of circumstances-suggested changes in the law
48:1209 8:161-167
Validity of condition subsequent in re- Interstate estates: mode of settlement un-
straint of trade 27:387 der Massachusetts law 7:33-36
Mediaeval law of intestacy I8:120-131
DE FACTO CORPORATIONS Nature of escheat: whether subject to in-
See Corporations. heritance tax 29:455
Operation of civil death sta
DE FACTO GOVERNMENTS 50:97z-972
See International Law.
Partnership residuary realty descends as
realty 23:553, 570
DE FACTO OFFICERS
Power of legislature to r
See Corporations, Elections, Municipal Cor- 29:521
porations, Public Officers, Quo Situs
Warranto.
of bank account for purposes of stat-
DEFAMATION utory escheat 47:872
Theories of post-mortem di
See Libel and Slander, Privacy, Right of.
property: in general 8:161-167;
DELEGATION OF POWER I :69-79
-state
See Constitutional Law (Legislative pow-as agent ii:70
ers: delegation of powers). -state as intermediary II:72-75
- state ownership 1:70-72
DELIVERY Whether partial failure of charita
See also Bills and Notes, Bonds, Deeds, results in intestacy pro tanto as
Gifts, Insurance, Sales, Transfer of Stock. title or merely as to beneficial int
Symbolic delivery: delivery of key to room 22:610; 23:649
Property passing
as delivery of contents 35:211
Bringing advancements into hotchpot as
DEMURRAGE against foreign realty 20:493
See Admiralty, Carriers, Interstate Com-
Children born out of lawful wedlock
merce.
36:98
DEMURRER
Effect of Indian tribal law allowing illegiti-
mates to inherit 39:895
See Criminal Law, Equity, Pleading, Trial. of intestate land from incum-
Exoneration
DEPOSITARIES brances existing at death of ancestor
See Bailments, Banks and Banking, Posses- 40:631
Heir's
sion, Safe Deposit Companies, indebtedness to estate as prior lien
Ware-
housemen. on his share of realty 28:I08
Presumption of advancement where par
DEPOSITIONS conveys land to child for inadequate c
sideration 38:395
See Conflict of Laws (Remedies: proced-
ure), Evidence, Witnesses. Right of heir of disseiso

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DESCENT AND DISTRIBUTION DISCOVERY 339
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTES; and in pla
CASES. The figure in front of the colon refers in each instance to the volume.

ment without having had possession Rights of child under invalid contract to
2I:375 adopt 43:652
Right of heir to specific performance of Rights of child u
contract to build 31:278-281 of adoption 30:642
Right of heirs to exercise option Rights of children of a p
31:281-283 genetic marriage 45:933
Right of one declared civilly dead to Rights
inheritof executors, administrato
37:623 itors and beneficiaries against
Rights passing by inheritance: heir beneficiaries
of dis- and creditors 32:
seisee 3:26 Specific performance of contract
- heir of disseisor 3:28 right of inheritance 32:854
Rule favoring title by descent over
Time of vesting title
of title as determining lia
by devise 46:993-10oo bility to inheritance tax 21:435, 45
What constitutes advancement
Whether 3I:1030;
surplus proceeds of sale of lan
38:395 by court descends as realty or personalty
Persons entitled 22:451
Acceleration of interest by murder Will of one who died without heirs con-
48:1179 tested by state claiming right of escheat
Acquisition of property by wilfully killing 2I:452
another--a statutory solution Escheat
49:715-755 Escheat to state as subject to inheritance
Death in common disaster: disposition of tax 48:129
property under reciprocal wills
29:461 DETERMINABLE FEES
Dissolution of corporation: analogy to See Estates (Fee Simple).
death without heirs 2:163-165; 3:135;
12:558; 15:743 DETINUE
-devolution of personalty I9:6io
See also Bailments, History of Law (C
- devolution of realty 25: 89 mon law actions).
Effect of appointment as executrix of donee
Action for misdealing with property be
of imperfectgift 22:60; 23:483; 26:445
Effect of homicide by insane heir plaintiff's title accrues 5:347
30:622, 647
DEVISES
Effect of murder of insured by beneficiary
30:622, 65i See Legacies and Devises.
Effect of release of expectant estate by heir
17:280 DIRECTORS
Forfeiture of estate: constitutionality of See Banks and Banking, Corporations.
statute denying dower to slayer of hus-
band 33:475 DISCHARGE
Heir allowed
to See
share in
Bankruptcy, Bills lapsed re
and Notes, Contrac
where expressly disinherited in will
Executors and Administrators, Judg
ments, Liens, Mortgages, Release, Surety
33:618
Husband and wife ship. as statutory heirs
42:330-364
-effect of election to take under th
DISCOVERY
upon right to share Nature and in property
scope not
of the proceeding
cluded in the will 42:350-356 Against one not party to record 20
--effect of election to take under the will
Bill of discovery under reformed proce
upon right to share in intestate property 44:633-638
42:335-350 Discovery in aid of proceedings in foreign
Problem of survival in a common disaster
court 3:92
-statutory solutions 50:344-349 Discovery not
Right of bigamous husband to inherit from purchaser i: 12-13
first wife 43:140 Interlocutory discovery
Right of child legitimatements
by foreign law
5o:1042-1045
different from law of situs and
Nature 21:443
classification
covery
Right of father to inherit from II:216-219
son adopted
by another 26:546 Necessity of specific
Right of one guilty of homicide
"fishing"without
9:486; II:344
intent to acquire property thereby
Privilege to in-
claimed for notes of prev
herit from his victim 28:426 proceedings made in anticipatio
Right of surviving parent of infant dying ture litigation 28:207
without issue and leaving property de-Scope of remedy in federal court
rived from deceased parent 41:919 47:282-283

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340 DISCOVERY - DISSEISIN
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to

Subjection of personal property History of to


Lawtests
(Property),
on Trespass to
discovery before trial 47: o60 Realty.

History and development Nature


Co6peration of equity with law by means Difference between the old disseisin and the
of discovery 7:79-92 modern adverse possession 29:377-378
Discovery in civil and canon law and in Seisin no longer a requisite for descent or
ecclesiastical courts I :142-148 devise in American law 34:730-732
Discovery under the Judicature Successive Acts disseisins: "tacking" of inter-
II:137-157, 205-219; 2:151-175 ests 2:339; 3:323-326; 9:279; 13:52
Effect of decay of common law pleading
iI:205-207 Effects
Origin and development in English Court Early effect of doctrine of seisin on the law
of Chancery ii:137-157, 205-219 of chattels 34:717-719
Possible separation of discovery and plead-
Effect given to disseisin by Am
ing 12:160-165 34:738-739
Union of discovery Restrictive
and covenants after disseisin of in E
pleading
lish Court of Chancery I2:151-156 covenantor i8:6o8
Tortious remainder
Discovery in Massachusetts der void devise 19:59
In general i6:110-125, 193-208 Transferability, under Ame
Admissibility of answers in evidence land held in adverse possess
i6:195-196 34:734-736
Discovery both by bill and by statutoryDisseisee's rights
process in same case i6:204-206 In general 49:1087-1088
Discovery in equity i6:201-202 Against purchaser from dissei
Discovery in suits on assigned claims Assignability under early law 3:25-26
6:123-125 Conveyance of lands by disseisee
Discovery of the names of witnesses 19:267-285
I6:117-119 Curtesy: whether husband of disseisee en-
Discovery of unofficial knowledge of corpo- titled 3:27; 34:732
rate officers i6:119-121 Dower: whether wife of disseisee entitled
3:27; 34:731-732
Duty of court to protect right of privacy
i6:197-198 How far transferable and transmissible
Duty to investigate before answering 34:613-616
Modes of extinguishment 3:317-328
i6:121-123
Penalty for failure to answer 16:198-200 Nature of rights under early law
Power to enforce answer by contempt pro- 34:604-613
ceedings i6:200-201 Personal nature of rights 3:25-28
Right to qualify answers i6:193-194 Recovery for mesne profits 15:486
Scope of the right: " fishing " I6:113-117Remedies of disseisee 15:486
Transfer by operation of law 3:26
Interrogatories When chattels severed by disseisor I5:486
Disclosure by newspaper of source of in-Whether interest subject to execution 3:27
formation 34:213
Use in action for libel 34:213 Disseisor's rights
Effect of statute of limitations on disseisor's
Use of interrogatories at trial I6:194-195
rights 22:138, 140
DISCRETION OF COURT Nature and extent 3:27-28
See Admiralty, Appeal and Error, Bank-from disseisor has constructive
Purchaser
notice of deed to disseisee 18:623
ruptcy, Costs, Divorce, Equity, Evidence,
Injunctions, Pleading, Receivers,Right
Trial,
of heir of disseisor to maintain eject-
Witnesses. ment without having had possession
21:375
DISMISSAL AND NONSUIT Disseisin by election
Origin of the doctrine 34:619-622
See Eminent Domain, Equity, Patents.
Remainderman's rights when life tenant
DISSEISIN disseised I: 132
Nature
Effects Disseisin of chattels
Disseisee's rights In general 3:33-40, 313-328, 337-346
Disseisor's rights Adverse possession of chattels as disseisin
Disseisin by election under early law 3:23-24, 28-30, 39
Disseisin of chattels Analogies between tortious taking of chat-
See also Adverse Possession, Ejectment,
tels and ouster from land 3:23-40

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DISSEISIN DIVORCE 34I
References in heavy-faced type are to LEADING ART
CASES. The figure in front of the colon refers in each in

DIVIDENDS
Disseisee's rights: alienability under early
law 3:34-36 See Corporations (Capital, stock, and
Disseisin by election dends), Income Taxes.
in case o
29:385-386
Disseisor's rights: DIVORCE against thi
49:1088, 1091 Nature
nature and extent 3:343-345 Grounds
Early law as to transferabilityDefenses of chattels
apart from possession 34:719-721 Jurisdiction
Historical confusion between choses in ac- Proceedings and relief
tion and property right in chattels held Alimony
adversely 34:721-725 Custody and support of children
How far a doctrine of American law Operation and effect of divorce
34:739-740 See also Conflict of Laws, Constitutional
Property of term as applied to chattels Law, Costs, Domicil, Evidence, History
3:23-24 of Law, Husband and Wife, Judgments,
Remedies of disseisor: early law 3:28-30 Libel and Slander, Marriage, Parent and
Title as affected by disseisin: early law Child, Parties, Wills.
3:23-24
Trespass as disseisin under the early law Nature
29:378-386 Annulment of voidable marriage as divorce
DISSOLUTION 43:109-1r3
Dissolution of bigamous marriage 43:496
See Attachment, Corporations, Injunctions,
Distinguished from nullification 26:253,
Partnership, Receivers, Suretyship,
Trusts. 265
Effect of Fourteenth Amendment
27:701-704
DISTRESS
Effect of judicial separation upon domicil
See Landlord and Tenant.
40:I34
Legislative divorce: history 27:699-7
DISTRIBUTION Validity of foreign marriage legally term
See Descent and Distribution. nable at will of parties 43:827
Grounds
DISTRICT AND PROSECUTING AT-
TORNEYS Adultery: abnormal period of gestation as
Conduct of Sacco-Vanzetti case evidence of adultery 30:520; 35:766
Cruelty: abuse by mother-in-law 33:I12
47:538-547
-necessity of danger to life or health
Constitutionality of statute authorizing
8:288; 9:222, 360; 11:188
state officer to enforce liquor laws in all
Desertion: deed of separation: whether de-
counties 21:540 fense to divorce on ground of desertion
Development of public prosecution in Eng-
land - continental influence 29:33I
-refusal to live with husband's parents
48:458-459, 467-470
29:331
Effect of attorney-general's confession of
Life imprisonment-operation of civil
error in criminal appeal 49:645
Liability for malicious prosecution under- death statutes 50:974-977
Mistaken nationality 3I:986
taken with knowledge of plaintiff's inno-
cence 38:261
Liability of special Defenses prosecuto
appointment Adultery for of petitioner
the 33:729
purpose
ing proceedings Agreement notagainst
to defend as evidence ofpla
col-
Necessity for consent lusion 8:362 to waiv
45:932 Decree granting wif
Power and responsibility 50:597-598 bar to suit for divo
Reversals in Illinois criminal cases 44:996
42:566-570 Delay 24:321
Right of district attorney to receive assist- Guilty acts brought
ance from private counsel I6:5I3 by plaintiff 10:454
Statements to prosecuting attorney asPlaintiff's evasion of statute again
privileged 35:209 riage 37:913
Possibility of condon
34:435
DIVERSITY OF CITIZENSHIP
See Federal Courts.
Preexisting marriage of one party 43:496
Refusal to dissolve status where there is a

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342 DIVORCE
References in heavy-faced type are t
CASES. The figure in front of the colon

foreign marriage after


-for wife suing divorc
for alienation of affec-
remarriage 42:701 tions 19:381
Voidability of the marriage 29:455 Recognition of fo
by renvoi 39:641
Jurisdiction Right of inhabitants of
Attacking invalid foreign divorce by a de- a state to the United States to sue for
claratory judgment 43:477-482 divorce in court of the state 40:130
Award of custody when defendant and Separate domicil of wife 28:196, 207;
child out of state 45:1114 50: I23-1124
Changes in American law 50:890-892 Validity of foreign decree against a non-
Conclusiveness of decree where both parties resident based on constructive service
before court as to jurisdiction of court 30:82
to grant divorce 28:471-472 Whether party invoking jurisdiction can
Decree as to custody of children without subsequently attack divorce I8:622
service on libellee o: 131
Developments, I935-I936 50:1192-1194 Proceedings and relief
Divorce by soldiers and their spouses See also Judgments.
50: II--II20 Admissibility of prior criminal conviction
Domicil of wife as basis of action for di- of adultery in a subsequent suit for di-
vorce brought by non-resident husband vorce 41:242
30:390 Application of
Effect of fraud in obtaining jurisdictiondence to divorce proceedings I3:607
20:239 Constitutionality of statute making entry
Effect of judicial separation upon separateof final decree mandatory on motion of
domicil of wife under English law guilty party 43:832
40:134 Divorce law reform in England 36:398
Effect of wife's separate domicil uponDraft ques-of a uniform law of divorce proced-
tion of divorce jurisdiction 39:420-421 ure 14:62-528
Equitable bars to declaration of marital Effect of wife's ad
status 41:ro59-0o62 bility for wife's
Fault of non-domiciled defendant as a ju-
Enforcement of or
risdictional fact 39:421-427 wife's attorney af
Finality of litigated jurisdictional determi- 50:358
nations - effect of appearance after Finalityde- of decree g
cree 50:1146-1147 Intervention of th
Foreign decree of divorce suits based 39:zo09 on con-
structive service after Liability separation of agree-
husba
ment permitting separate fees domicils 12:435
4I:794 Vacation of decree after death of one of
General discussion: Haddock v. Haddock parties at suit of stranger 36:1033
28:47-472; 39:417-430 Whether third person can enjoin proceed-
Government official at Washington, seeking ings to set aside divorce 24:64
divorce in former home 19:I35
Independent domicil of wife after hus-
Alimony
band's insanity 20:416 Action for inducing husband to avoid pay-
Injunction against obtaining divorce
ment in ofan-alimony 10:519
other state I5: 45 Allowance of temporary alimony
Judicial separation inmarriage
England 28:425
is disputed I3:224
Jurisdiction over action Arrears
for divorce against
of alimony as provable claim i
foreign consul 43:822 bankruptcy I4:I53; 45: 252
Matrimonial domicil 28:469 Assignment 20:329
Methods of attacking invalid Basis
foreignof
di-computation of al
vorces 43:477-482 Constitutional right of court
Necessity for both domiciliary and per-
for alimony 16:521
sonal jurisdiction over defendant
Conveyance by husband in fr
39:424-430
ing creditors: effect 17:280
No jurisdiction of English courtdecrees
Defective alimony over in resi-
Massachu-
dents in extraterritorial
setts: community
requisites of bill 4:2-34
32:432 Effect of contracting a voidable marriage
Nonresident husband bringing action in
upon alimony to be paid until remarriage
state alleged to be separate residence of 43:I1r
wife 30:390 Enforcement in equity of a decree for ali
Possibility of separate domicil
mony in a sister state 41:798
ii:6I; i5:66; 26:447, 450; Equitable decree for alimony as a cause of
28:196, 207; 34:786 action in a second state 30:522

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DIVORCE - DOWER 343
References in heavy-faced type are to LEADING ARTICLES; i
CASES. The figure in front of the colon refers in each instance t

Failure of plaintiff to pay alimony


Foreign divorce held as nobarring dow
ground for dismissing his complaint 36:345
33:980Foreign marriage contrary to
Foreign decree for conveyance accompanying of land by local divorc
wife to husband as cause of action at Implied revocation of will by
situs 40:500 7:I25; I9:69
Husband's right to
Possibility alimony
of separate wh
domicil for wife after
suing for divorce 10:177 judicial separation 40: 34
Jurisdiction to award alimony Property rights of those who rem
50:zI96-1198 within prohibited period 32:574
Liability of husband's estate for accrued Provision limiting remarriage 41:397
alimony pendente lite 42:703 Right of wife to proceeds of mutual bene-
Modification of decree which adopted terms fit insurance policy 20:498
of agreement between parties Validity of marriage promise after entry o
26:441, 453; 44:127 decree nisi 49:648
Necessity of personal service on defendant
14:535 DOCUMENTS
Payment after death of husband I8:541;
See Contracts (Contracts under seal),
19:215 Deeds, Evidence, Parol Evidence Rule
Personal service at outset of suit sufficient Release, Wills.
for later awarding alimony 24:234
DOGS
Power to modify award in gross 26:55I
Reduction by court as effecting discharge ofSee Animals, Dangerous Premises, Torts.
surety 45:194
Refusal to pay alimony DOMICIL punished as c
tempt I1:552; 30:518 See Conflict of Laws, Divorce, Husban
Right of divorced wife to and
lands conveyed
Wife, Marriage.
in fraud of dower as security 20:I49
Right of personal representative
DOWER of deceased
wife to recover for arrears 29:100
See also Adverse Possession, Curtesy, De-
Right to alimony after obtaining foreign
scent and Distribution, Specific Perform-
ex parte divorce 50:526 ance, Vendor and Purchaser, Wills.
Right to modify a decree whichAnte-betrothal
adopted a conveyance unrecorded:
separation agreement 2I:I46 effect upon wife's rights I9:459
Ante-nuptial agreements: effect upon dower
Custody and support of children rights 7:122; 38:696
Decree as to custody without personal
Ante-nuptial conveyance by
service on libellee o: 131 wife's right to set aside 2
Father's liability to support child in cus-
Compensation in condemnation
tody of mother Io:454; I5:494, 495 47:1193-z194
Jurisdiction to grant custody 50: r198-1200
Conveyance in fraud giving lien for ali-
Reciprocity of rights and duties between
mony 20:149
parent and child (support, custody, serv-
Creation of dowe
ices) 42:112-115 from seisin of
Unfitness of one parent by reason of rights
Disseisin: athe-
istic and communistic
- rights views 49:831
of wife of desseisor 3:28
Validity of contract transferring Dower barred by estoppelcustody
in pais 30:647
from mother, to whom Dowercustody has
denied to slayer of been
husband
awarded, to father 44:858 33:475
What law creates and enforces obligation
Dowerofin land owned in fee but subject to
a divorced father to support childrenexecutory limitation on husband's death
33:728 without issue 39:773
What law governs and controls custody ofDower in mortgaged land redeem
children 24:142, 151 sold by executor 17:267
Effect of appendant power of appointme
Operation and effect of divorce on common-law and statutory dower
Action for seduction by woman marrying 50:1287-1288
seducer and then divorced Io: 88 Effect of avoiding a fraudulent conveyance
Divorce secured from prior husband after in which dower is released 30:288
remarriage 19:471 Effect of foreign divorce on dower right
Effect of a supersedeas of a divorce decree 36:345
upon an order for support 37:763
Effect of ignorance of one's rights: void
Effect of annulment distinguished
divorce 30:647
32:806-811
English and American view
Estoppel to attack divorce 50:1194-1196 36:991

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344 DOWER --DUE PROCESS OF LAW

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Equitable liability for widow's debts before Personal conduct and conditions
assignment I0:382 Occupations and professions
Estoppel to claim dower Food, drink
against and drugs
one acting
on forged release 16:143 Physical conditions
Forfeiture by misconduct ofProperty wife: obtain-
interests
ing foreign divorce as misconduct Liberty of contract: in general
36:345
Husband and wife as statutory Financial
heirs relations
42:330-364Regulation of business: in general
Infant wife releasing dower: Regulation
time allowedof business: carriers
for disaffirmance 7:497 See also Carriers, Public Utilities.
Liability to inheritance tax 25: I8, 196
Regulation of business: rates or prices
Modification under a code 36:1002 See Carriers, Public Utilities, Railroads,
Mortgaged property: dower rights therein Street Railways, Telegraph and Tele-
4:4I; 24:153 phone Companies.
Need of election between will and dower: Industrial relations: in general
in defeasible fee 39:773 Industrial relations: regulation of wages
-in land not devised 39:773 Taxation
See Income Taxes, Inheritance Taxes,
No dower right in partnership realty
23:553, 570 Taxation.
Property conveyed in fraud of intendedAssessments
wife 14:452; 15:494 See Taxation.
Protection of inchoate dower Civil remedies:
rightinagainst
general
purchaser of husband's interest Civil remedies:
in jurisdiction
oil land of courts
28:615, 631; 41:257Civil remedies: legislative jurisdiction
Right of dower in unopened Civil remedies:
mines administrative
44:647 pro-
Right of grantor's wife to dower after cedure
grantee of conveyance releasing it has Criminal prosecutions
been ordered by equity to convey to a See also Constitutional Law, Criminal Law,
prior purchaser 42:579 Fish, Game, Interstate Commerce, In-
Right of widow when husbandtoxicating
has sold Liquors, Municipal Corpora-
land without her consent 20:407, 417
tions, Public Utilities, States, Taxation
Right to dower after conveyance (Power releas-
to tax) (Property subject to
ing it has been set aside as a fraudulent
taxation).
conveyance 42:579
In general pass as separate
Should statutory dower
Administrative
estate free from claims exercise of police power in
of creditors
precautionary regulation:
42:357-361
Statute compelling release I. Precautionary
upon regulation
sale 24:268-289
in re-
turn for estimated II. Administrativevalue
present orders and executions
47:1194 24:333-346
Time as of which value of dower is com- -(a) necessity for notice and hearing
puted 23:53, 64 24:334-338
Whether barred by void - (b) divorce
judicial review 24:338-346
procured
by wife I9:622 III. Judicial review in actions for damages
Widow's right to share in appreciation 24:441-459
from
natural or artificial causes of land in - (a) liability of public corporations
hands of heir, devisee, or alienee, until 24:441-442
assignment of dower 23:53, 64 - (b) liability of officers 24:442-495
Wife of one entitled to land by construc- Application of clause: to decisions of state
tive trust 35:206 courts 36:1022
- to decisions of s
DRAINAGE
35:350
See Municipal Corporations, Waters. Application of Fifth Amendment to legisla-
DRUNKARDS tive, as distinguished from executive ac-
tion 2I:602-604
Criminal responsibility: development of
45:1013-1014 Application to non
of insane drunkards 15:755 Conditions on foreig
Drunkenness as defense to criminal prose- 42:678
cution 11:34I Consent to optional
Intent as affectedtion Act as barringin
by drunkenness
actions 15:487 tionality 42:435
Delegation of discretion i
DUE PROCESS OF LAW
In general
licensing statutes 43:302-307
Doctrine of due process of law--as ac-
GoYernmental and proprietary powers
cepted in 1919 32:218-233

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DUE PROCESS OF LAW 345
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to t

-before the civil war 24:366-385, "Liberty" and "property" in American


460-479 constitutional law 7:300, 433; 10:380;
Due process of law, police power, and the II:S6; 12:61, 342, 352, 353; 13:222, 689;
Supreme Court 40:943-968 26:9-18, 29-41
-" deprive" 40:951 "Liberty " defined 4:365-392;
- discretionary character of Court's 29:693-694; func-39:439-458
tion 40:957-962 Limitation of police power 3:189-205
-" due process" 40:952 31:490; 42:866-872
- failure of Supreme Court to clarify
Mistake in rule of the
conflict of laws as ref
subject and to establish any
of principles
39:538, 548
40:966-968Mr. Justice Holmes
--judicial history of the clauses of the
-Fourteenth Amen
Fourteenth Amendment 40:945-947 Opinions of Mr. Just
-" life, liberty, property" 40:948951 45:44-50
- number of cases, i868-1927 40:943-945 Police power distinguished from eminent
-" police power," its extent and limita- domain 3:198-205; 27:664, 682
tion 40:952-956 Power of courts to review police regula-
-weight to be given to legislative
tions: attitude of the courts 36:195, ju
216
ment 40:962-966 Power of courts to review police regula-
Effect of precedent tions,
in determining exped
limited to matters within their
ency of a statute with
judicial regard to its con
notice 17:269
stitutionality 21:500-501 Relation of due process and commerce
Effect on prior existing state legislation
clauses 49:4-5
34:317,328 Requirement of def
Expediency as a test of due process of law wage law 39:873
21:495-500 Retroactive laws under Fifth Amendment
Extension of protection to private rights 14:606
under the Fourteenth Amendment Retroactive laws under Fourteenth Amend-
46:375-381 ment 35: 93
Extraterritorial powers of municipalities Rights under th
41:894-898 20:237
Failure of statute to establish a definite R6le of the jud
standard 44:1139 definition 37:545, 549-552
Field of inquiry open to superior
Scope court
of Fifth and un- Amend-
Fourteenth
der Fourteenth Amendment i:310-326 ments compared 47:310-311
Fifth Amendment limiting acts of Congress Single arbitrary act of state agency dire
other than those concerning administra- against single individual as violation
tion of justice 21:605-606 Fourteenth Amendment 36:020, 102
Fifth Amendment requiring mere compli- 37:247
ance with express constitutional provi- of the local community as
Social necessities
sions 21:604-605 a test of due process of law 37:z128
First eight amendments: how in
Socialist movement far
westernextended
states
to the states by the Fourteenth 33:401-409
6:405-409 State police power: a product of the appli-
Foreign corporations entitled to protection cation of the rule of reason in the con-
of the Fourteenth Amendment 38:362 struction of written constitutions
Historical development of doctrine of due 27:297-316
process 32:218-233 Statutory validation of obligations lacking
- adoption and early interpretation
in technical requirements 35:194 o
Fourteenth Amendment 32:224-227 Theory of the police power -limitation of
-interpretation of Fifth Amendment be- enterprises and resolution of conflicts of
fore 1865 32:221-224 enterprises 49:887-902
-reasons for adoption ofUse Fifth Amend-
of federal injunction in const
ment 32:220 litigation 43:436-438
History and theory of 40:800-802 Validity of emergency order
In administrative action 35:151-153 utility regulation during eco
Indefinite criteria of definiteness in statutes pression 46:763-768
45:16o0-64 Vice of indefiniteness in m
Indefiniteness of statutory standards as in- tion 46:1070-1072
valid deprivation of property 38:963 View of the United Stat
Judicial definition 26:18-29 26:631, 655
Judicial errors, unfair trials, and the Four-
War emergency legislation 30:672-674
teenth Amendment 44:447-451 Whether a particular decision under a state
Legislation for health and personal safety workmen's compensation act is violation
42:866-898 of due process 37:624

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346 DUE PROCESS OF LAW
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTE
CASES. The figure in front of the colon refers in each instance to the volume.

Governmental and proprietary- control


powers
of public streets and grounds
Abrogation of gold clause in United States 42:266
bonds 48:1057-1099 - criminal syndicalism 42:267
Erection by state of screen Right of antoalien
hide to a billboard
fair hearing in
46:157clusion proceedings 4I:522-525
Federal protection of Right of negroes to vote
migratory in state primarie
birds
28:112 43:467-471; 46:8i2-8I8
Game laws: possession of fish during closedSegregation of Japanese in California
season forbidden 17:418; 34:672 schools 20:337
Separation of whit
- possession of fish taken outside state for-
bidden 14:288; 22:227 vate institutions of learning 20:74
Gold Hoarding Act as invalid because cars
-in railroad of 26:456
excessive penalties 47:485-486 State statute making refusal t
Governmental competition with private misdemeanor 33: 0o8
business - the TVA 48:812-815 State statute prohibiting unju
from
Municipal installation of parking meters - place of amusement 1:236;
rights of motorists and abutting owners I9:472
50:1319 Statute forbidding joint education of white
Power of Congress to impair contract obli- and colored persons in private schools
gations through regulation of coinage- 22:217, 227
nullification of gold clauses Statutes prohibiting teaching of foreign
46:1248-1257 languages unconstitutional 37: I5
Statutory liability for tort committed in
Power of municipalities to grant exclusive
privileges 7:I23; 8:285 another state I5:747
Requisition of gold by the United Validity Statesof -sexual sterilizatio
validity of payment in paperValidity currencyof at statute penalizin
face value 47:48z-485 in association advocating v
Unconstitutionality of contract by munici- 45:927
pal corporation surrendering
Validity highway
of statute prohibiting use of red
control 32:292 flags in parades 28:331
Personal conduct and conditions Occupations and professions
Allowing only larger parties to vote at of-
Constitutional limitations upon r
ficial primaries 21:622, 630 of a license 37:919
Compensation to family of person lynched
Denial to aliens of right to m
12:565 rooms 33: 1o8
Development of protection of intellectual Horseshoers requi
liberty under the due process clauses 18:471
46:381-385 Labeling of conv
Epileptics: statutory prohibition of mar- statute: relation to interstate commerce
riage by I9:298 26:78, 88
Eugenic marriage laws 27:573, 596 Licensing Act discriminating against chiro-
- constitutionality of Wisconsin statute practors 35:91
28:112 Plumbers required t
Ex parte divorce and the Fourteenth 9:I54
Amendment 28:464-465 Prohibition of right to become agent of un-
Flag laws: whether taking property with-
licensed insurance company 15:580
out due process 19:532 Registration of plumbers 20:147
Legislative divorce and the Fourteenth Regulation of occupations by arbitrary
Amendment 27:701-704; 28:459-464 power of officers 2:188; 4:236; 7:374;
Power of Congress to compel testimony in 9:483; I5:852
non-judicial proceedings 39:694-724 Restrictions on the practice of certain pro-
Profanity prohibited by statute 7:433 fessions 11:116; 12:214; 42:875
Prohibition against alighting from moving Statute limiting attorney's fees in claim
trains 15:584 against United States 29:328, 331
Prohibition against use
Validity of
of statute certain
requiring kin
pharmacies to
guns 14:228 be owned by licensed pharmacists
Prohibition of loitering 42:435in p
45:I84 Food, drink and drugs
Removal of child from custody of parent, Bread: power to regulate sale of 13:222
whether justified under police power Concurrent power of Congress and the sev-
I9:374 eral states to enforce the Eighteenth
Restrictions on the right of assembly Amendment 33:968
42:265-269 Exclusion of liquor by stat
- common law unlawful assembly 42:268 interstate commerce 4:2

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DUE PROCESS OF LAW 347
References in heavy-faced type are to LEADING ARTICLES; in it
CASES. The figure in front of the colon refers in each instance to th

Oleomargarine laws 8:353 Relation of zoning to


Prohibiting possession of intoxicating liquor 37:836, 841
for personal use 31:658 Relevance of effect on value of individual
Prohibition of carrying liquorpieceat of
night
property in determining consti-
I2:353 tutionality of zoning 37:847-850
Prohibition of condensed milk made of
Restrictions on height of buildings
skimmed milk 31:10o3I 13:405; I4:6I6
Prohibition of sale of meats where
Set-back dry
requirements in zoning regulations
goods are sold 13:689 37:851-853
Prohibition of shipment of fruit
Statute unfit
denying for for buildings
compensation
consumption 28:819 erected in line of plotted streets 28:428
Provisions in state constitutions relating
Validity of billboard to
regulations for aesthe-
liquor traffic 2:135-136 tic purposes 48:847
Restriction of right to sell liquor to citizens
Validity of general zoning
4:337 40:644
Restrictions on the sale of articles danger- Zoning as an exercise of po
ous to health 42:875-880 eminent domain 37:835
Sale of drugs and patent medicines limited
Zoning regulations: relevance of
to registered pharmacists 14:382 considerations 37:857-858
South Carolina dispensary act: whether
constitutional 8:174; Io:44I Property interests
State police power under Wilson Act Administration of estate of absentee
I9:53 43:485-489
Statute regulating the private use of in-
Administration of estate of living man
toxicants 28:818 II:264; 19:535; 20:147, 572
Tax on oleomargarine Allowing levied
boarding-houseto regulate
keepers a lien on
sale 8:353; 21:455 property not belonging to guest
21:I47
Physical conditions Car service rules of the Interstate Com-
Advertising signs on outside of omnibuses
merce Commission as defining a shipper
forbidden 21:445; 22:379 of "property" 37:753, 773
Advertising signs opposite public parks for-
Compensation for property taken for d
bidden 17:275 fense of the realm 33:713
Analogy of zoning Condemnation
ordinances of land to other fo
as substitution r
ognized methods oflandproperty
previously taken regulatio
37:385
37:836-839
Constitutionality of emergency housing
Billboard and building legislationregulations 34:426 29:8
884 Deprivation of property
Block ordinances contrasted with compre- benefit to state 26:360
hensive zoning regulations 37:843-845 Destruction and sale of illegally use
Building line without consent of all prop- erty without judicial process: fishn
erty owners 26:367 I9:625
Constitutionality of billboard regulation
Destruction of dogs without compe
49:869-902 8:285
Constitutionality of zoning regulations
Easement of abutting owner to use street
37:834-859for loading and unloading - impairment
Effect of change in zoningwithout ordinance upon 48:339
compensation
permit already granted 41:667 Forfeiture of automobile seized while car-
Erection by state of screen to hide billboard rying intoxicating liquor 34:200, 2x2
46: 57 Injunction against liquor nuisance 3:230
Establishment of building lines for aestheticLand registration act I3:593
purposes 34:4W9, 433 Legislative determination and limitation of
Flag laws 19:532; 20:579 riparian rights 40:1023
Police power versus eminent domain in of aviator's liability for in
Limitation
establishing building lines for to
future
persons or property on earth 48
streets 49:352-356 Limitation on power to set aside awar
Private property regulated in interest
commissioners of
in condemnation suit
general beauty 20:43; 27:571, 588 38:256
Purposes of zoning regulation 37:839-840
Limiting the uses to which property m
Regulation of height ofputbuildings
2I:606-608;37:390
26:367
Mechanics' lien
Regulation or taking of property lawspublic
for 25:274, 294
aesthetics 27:571, 588 Ordinance depriving abutting owner of
Regulation without compensationrightof pri-over sidewalk to property
of access
vate property in the interest of
forgeneral
filling station 43:958
beauty 20:40-48 Owner charged with contractor's debts in

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348 DUE PROCESS OF LAW
References in heavy-faced type are to LEADING ARTICLES; in italics to NOT
CASES. The figure in front of the colon refers in each instance to the volume.

default of requiring bond for Validity of statute forfeiting


their pay-
ment 25:738 of innocent mortgagee in auto
Power of stateinlegislature unlawfully transporting to li
c
turn over management 39:265 of it
state appointed board 36:465 Yellow fever: compensation for
Power to forbid waste of underground destroyed 22:542
water 25:76, 84
Prohibition of interments Liberty ofby contract:
other th in
lot-owners Io:450 In general I: 84-87, 89-91
Prohibition of waste Excesses of contractualism
of natural gas 46:568-570
and oil
II:265; I4:I55 Exercise of police power as necessarily
Public servitude on river-banks in Louisi- abridging liberty of contract
ana 9:483 36:195, 216
Removal of dam
Legislation for health andfor p
personal safety
Restrictions on the 42:866-898
use
interest of health
Limitation of right of stockholdersand
to elect
42:873-874
directors I9:62, 378
Revocation Right of to contract
grant for rele o
444; 7:115; 12:429 acceptance of benefits fro
Right of legislature to alter charter ofation
pri- taken away 11:56
vate corporation 31:892 State regulation of foreign-ma
Right to compensation when property in 41:390-394
Financial
enemy's country is destroyed relationsof
in time
war to prevent spread of epidemic
Assessments for bank deposit guaranty fund
22:542 47:330
Right to manage property: validity of stat- Compulsory incorporation of banks
ute appointing guardian for person men- 23:629, 646; 24:326, 408
tally competent but physically incompe- Limitation to three years' rent of landlord's
tent 37:I5I claim in bankruptcy reorganization
Rights of innocent 49:1173-1174 owner
forfeiture 34:200, 212 Nullification of gold clauses as taking of
Sewers: special assessments for property
buildingwithout compensation
22:293, 3IO 46:1249-1250
Power of bankruptcy court over contracts
Statute declaring property of spouses mov-
ing into state to be community property between creditors in reorganizations
47:I3I 49: 160
Statute denying right to kill deer destroy- Provisions of railroad reorganization law
ing property as deprivation 38:684 postponing creditors 49:1263-1283
Statute forbidding mining of coal in such Regulation of foreign insurance companies
a way as to cause subsidence of surface I5:580
structures 36:753 Reorganization law treating non-voters as
Statute making illegal assenting
the possession 49:1267of
liquor lawfully acquired 38: II9 Requirement of bank de
Statute providing for destruction of in- fund 22:231; 24:408
fected trees to protect adjacent orchards Requiring incorporation
34:672 conducting banking busin
Statute taking away right of action for per- 629, 646
sonal injuries 44:466 Restricting banking business to corpora-
Statutes authorizing judicial tions, sales inannual
and requiring casescontributions
where future interests are limited to a fund for the protection of depositors
42:62-73 of insolvent banks 23:292, 312
Statutory distribution of property of man Restriction of insurance business to corpo
absent for certain period 22:522, 536; rations 8:285
25:377, 385 State regulation o
Summary confiscation by public officers and other securit
43:818-822 Statute allowing o
Sub-contractor's lien I0:380 insurance policies 8:285
Theory of the police power- relation to Validity of Bankruptcy Act fo
power of eminent domain farmer debtors 48:332
49:887-902
Validity of anti-Japanese legislation Regulation of business: in gene
37:372, 38I Anti-liquor legislation 42:880-882
Validity of ordinance establishing public Closing hour regulation for barber shop as
taxicab stand at railroad station on rail- confiscation of good will 47:1058
road property 40:497 Closing of barber shops on Sunday 9:425

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DUE PROCESS OF LAW 349
References in heavy-faced type are to LEADING ARTICLES;
CASES. The figure in front of the colon refers in each instance

Constitutionality of co6perative Regulation of gas company


marketing
laws 38:87 Regulation of waterworks 4:41
Constitutionality Requiring employment ofagenciesShe to retur
law I :80-94 fees where employment is not secured
Constitutionality of state 46:328
47:Io8 Restrictions on sale of whole stock by re
Constitutionality of statute prohibiting use tail dealers 20:579; 30:517
of trading-stamps I7:200; 24:66 Revocation of insurance agent's lic
Convict-made goods: restriction on sale without notice or hearing 37:919
8:426; 44:849-850; 49:468-469 Revocation of lottery-franchise 7:433;
Discriminatory application of statute I: 407
I9:607, 6i8 Sherman Anti-Trust law II:80-94;
Extent of reserved power to amend the 31:435-439
charter of a charitable corporation State regulation of foreign business trusts
40:891-896 4I:86-90
Federal departmental regulations involving Statute making liable one who purchases
criminal responsibility 35:952 products under contract of delivery to a
Fifth Amendment as a limitation upon
cooperative association 39: 2
power of Congress to pass child labor Statutory
law restraints on chain store system
32:45-67, 81 44:456-460
Government control over private business Statutory right to rescind sale of defect
I1:89-91 farm machinery 45:14r8
Government ownership of public utilitiesTax on insurance companies for t
i6:476-490 of disabled firemen 21:277, 295
Grain elevators regulated as public ware-
Use of federal injunction in constitutional
houses 8:175 litigation 43:436-438
Legal aspect of Where motion vendor picture
performs actc
44:113-117 sale after delivery to purc
Legislation making resale price maintenance 39:489, 5II
agreements binding upon strangers
49: 81-819 Regulation of business: carriers
License required of cement contractorsSee also Carriers, Public Utilities.
3I:I035 Absolute statutory liability of railroads
- of persons hiring laborers 7:433 7:495; 13:604
- to resell theatre tickets 37:1125 Alleged confiscatory rates as a ground for a
Limitation of number of insurance agents railway's abandonment of operation
in given territory 38:257 37:368, 392
Municipal regulation of street railways
Car service rules of the Interstate Com-
I6:436 merce Commission as violation of due
Oklahoma oil proration orders process 37:753, 773
45:557-565 Carrier required to perform
Opinions of Mr. Justice Brandeis age for another 28:799, 809
45:102-104 Compelling a public utility to operate at
Ordinance making house-to-house canvass- loss 37:368, 392
ing a nuisance 46:154 Compelling railroad to
Patent-rights: limitations on sale 20:333; 20:494; 25:84
21:62 Compensation statute for injuries by rail-
Power of state to exclude foreign insurance roads 29:716-718
companies 15:580 Competition on highwa
Prohibition of contract lidity by vendor of pat-
of imposing on
ented article restricting grade thecrossing
use of articles
elimination 48:1388
to be used with the patented article
Compulsory extension of railroads under
21:62 the Transportation Act 46: 301-1307
Prohibition of discrimination between dif-Compulsory pension law 49:24
ferent communities to injure competitionEconomic development of the nation by
26:369 means of rate adjustment 42:610-638
Prohibition of imposition of fine for imper- Interchangeable mileage-book law
fect service 5:287 7:358-365
Prohibition of limitation of liability
"Jitney by tele-
bus " regulation 29:437
graph company 24:404 Liability of railroad right of way to local
Public utility concept in American law
assessments 25:723, 738
-historical development from carriersregulation of street r
Municipal
41:277-308 16:436
Regulation by Congress of carriage of lot-
Pipe-line Amendment to Inters
tery tickets I6:508 merce Act 26:63r, 655

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350 DUE PROCESS OF LAW
References in heavy-faced type are to LEADING ARTICLES; in it
CASES. The figure in front of the colon refers in each instance to th

Power of Interstate Commerce Commis- public taxicab stand at railroad station


sion to prescribe minimum rates under on railroad land 40:497
Transportation Act of I920 with refer-
Regulation of business: rates o
ence to conditions on roads other than
the one regulated 36:32 See also Carriers, Public Utili
roads,
Power to regulate rates compared with Street
po- Railways, Telep
Telegraph
lice power as justification for federal lim- Companies.
itation upon uses to which carrier may
Anti-scalpers law, constitution
put its property 2I:609-610 12:342
Prohibition against operation of freight As requiring judicial review of administra-
trains on Sunday 10:378 tive rate-regulation 34:871-874
Railroad compelled to run train Basis for computing
which will insurance rates
not pay for itself 21:49, 56 41:532
Railroads compelled to allow erection ofaffected with a public interest, his-
Business
elevators 10:451 tory and meaning of 45:1148-1151
Rates fixed on basis of a valuation which Comparison of limitations on judicial and
does not permit carrier to meet interest on legislative actions 34:866-870
charges on funded indebtedness Confiscatory rate fixed by administrative
39:883 tribunal as violation of Fourteenth
Recapture of excess earnings in interstate Amendment 36: 023
commerce under Transportation Act of Constitutionality of New Y
I920 37:I52 34:426
Recovery of excess of
Constitutionality railwstate r
comes by Interstate 47:o08 Com
sion 37:740 Denial to future dealers in m
Regulation of contract ferential valid as motorto existi
44:530-567 49:996
Regulation of Enforcement private of rates basedtrucking
on valuation
38:980 of original production as a deprivation
Regulation of of railroad crossi
property without due process of law
183 37:178-200
Regulation of railroad fares 9:154 Enforcement of rates fixed by franchise as
Regulation of railroads 12:50 a deprivation of property without due
Relation of due process and commerce process of law 33:99, 116
clauses in determining power of Congress Federal courts and state regulation o
to enact compulsory pension law lic utilities 43:379-42
49:4-24 Fixing carrying charges on inst
Requiring delivery of cars to connecting 49:136-137
carrier 22:449; 28:799, 8io Fixing minimum price of milk I30
Rights against action by individuals Indefinite
I8:39I statutory standards of conduct
State regulation of bus transportation as invalid deprivations of property
40:882-886 38:963
State regulation of contract motor carrier Legislation making resale price mainte-
45:583 nance agreements binding upon strangers
State regulation of private automotive car- -application of decisions against price
riers 40: 131 fixing 49:815-817; 50:667-671
State statute imposing Legislative regulations
large of gas rates
penalty
roads for disregarding statutor 20:69; 21:56
whose reasonableness is not determined Limitation of fees of employment agencies
21: 527, 540 32:856
Statute fixing price of mileage tickets Lord Hale and business affected with a pub-
I4:143 lic interest 43:759-791
Statute imposing absolute liability: for Modification
fires of Supreme Court
caused by locomotives 7:495 on rate and price regulation
- for injuries to passengers 3 :604 46:399-403
Statute providing that upper berth when Oklahoma oil proration orders
unoccupied should be closed if occupantOpinions of Mr. Justice Brand
of lower berth so requested 21:372 45:59-67
Subjecting railroads to federal control Power of courts to set aside co
31:870-874 rates 35:31
Validity of federal provision forbidding Price differential in favor of milk dealers
interstate carriers to transport commodi- without well-advertised trade name
ties in which they are interested 49:63z
22:250-265 Price fixing and licensing provisions of
Validity of town ordinance establishing NIRA 47:91-93

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DUE PROCESS OF LAW 351
References in heavy-faced type are to LEADING ARTICLES; in i
CASES. The figure in front of the colon refers in each instance to t

Prohibition of price discrimination not union 16:22


remain in trade
tending to produce monopoly 26:83; 38:782-78
50:r19-120 Injunction against strikes in w
Regulation of commissions of insurance 32:837, 859
agents 44:643 Labor injunctions and federal legislation
Regulation of fees of employment 42:766-794
42:126
Legislation in the interest of health of em-
Regulation of insurance rates
ployees 42:883-888 25:3
Regulation of public utilities
Legislative duringo
encouragement
pression 46:745-775 gaining 50:1082-1086, 1096-1107
Regulation of rates: doctrine
Liability of Budd
without fault:v.
Employers' Lia-
New York 6:44 bility Acts 33:86, 116
- on turnpike roads o0: I28, 450 License required to make contr
labor outside state 7:433
Resale price maintenance and price fixing
50:667-67I Modification of Supreme Court d
Restrictions on resale price of theatre tick-
upon the regulation of employme
ets 37:r125; 40: 1009 tracts 46:386-391
State regulation of insurance Nine-hourrates
law for women 24:408
28:84, 113 Prohibiting coercion by employers in em-
State regulation of prices ployee's under the Four-
selection of representatives
teenth Amendment 33:838, 86i 47: 120-12
Statute valid in its inception can laterProhibition
be of employment agencies
held confiscatory because of altered price 31:490
level 34:85
Prohibition of night work by women in
Use of federal factories
injunction in co
20:653; 21:62; 28:790, 819
litigation 43:438443 Regulation of contracts of employment:
Validity of interlocutory or emergency
Weavers' or-6:85-97
Fines Bill
ders during economic depression
Regulation of hours of labor I2:6I;
46:768-775 I3:222, 525; 16:448; 17:50, 418, 4I9;
Validity of minimum price of milk
18:3II, 392,to
6i8;pro-
20:653; 21:62,
ducer as applied to wholesaler unable
500-509, to 37:557-560,
544; 28:704;
compete at minimum wholesale price 570; 42:883-886
48:331 -in bakeries I7:418
State regulation of hours of labor and
Industrial relations: in general
wages as condition to state aid 45:377
Basis on which courts should decide Statute forbidding that employee shall be-
whether statutes regulating hours of laborlong to labor organization 19:368
are within police power 29:362-373Statute invalidating "yellow dog" con-
Compulsory arbitration in labor disputes tracts 28:496, 5I8; 44:293
38:754-756, 771, 1097 Statute making it a crime to com
Compulsory investigation and publicationemployee by intimidation or thre
of findings in labor disputes 38:762-766 discharge to board at a particula
Compulsory maintenance of status quoor purchase at a particular store
pending investigation in labor disputes Statute requiring corporations to gi
38:767-771 reason for discharging employees
Constitutionality of an ordinance making it 28:496, 519
a misdemeanor to picket 24:504 Statute requiring employers to gi
Contracts of railroad companies with em- ployees one day of rest in seven
ployees 8:59 28:496, 519
Decisions as to statutes: regulating
Statute requiring hours
service letter stat
labor in general 29:359-362 sons of discharge 36:195, 2i6
-regulating labor in dangerous employ-
Statutes restricting employment of aliens
ments 29:357-359 28:496, 519, 628; 29:2I9, 452
- regulating labor of women and
Ten-hour law for children
women in factories
29:354-357 2I: 544
Due process and the employment contract Validity of experimental legislation: Adam-
44:1287-r129 son Law 30:739
Eight-hour laws 12:6I; 13:222, 525 Validity of majority ru
-especially as applied to municipalities gaining 48:636-639
7:50, 419 Validity of maximum hours l
--reasonableness as test of constitution- on public works 39:871
ality 2I:500-509 Validity of minimum wage, " yellow d
Employers' liability price-fixing and workmen's com-
and licensing provisions
pensation 42:889-896 NIRA 47:91-93
Employer's right to require employee not to
Workmen's Compensa

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352 DUE PROCESS OF LAW
References in heavy-faced type are to LEADING ARTICLES; i
CASES. The figure in front of the colon refers in each instance t

--application to injuries abroad


- removal of by retrospective statute
31:628-636 35: 94
- for what purposes contribution Bill of lading made to fund evidence
conclusive
may be compelled; payment to employee I6:I4I
of insolvent, non-contributing Claim of unconstitutionality
employerbarred by
41:264 lapse of time 21:133, 145
-New York 24:647, 670 Collateral attack on validity of s
-their constitutionality 25:129-139; case of de facto officers io:60; 11:266
29: I99 Commitment by judge of court without
" Yellow dog " contracts and collective bar-
hearing for refusal to testify before legis-
gaining - validity of NIRA, ? 7(a) lative committee 25:560
48:955-960 Compelling the testimony of ab
nesses: statutory extension of co
Industrial relations: regulation of wages 43:126
Constitutionality of minimum wages for Conclusive presumptions in taxation
labor on public works 39:871 39:1096
Forbidding payment of wages in tickets Constitutionality of ? 4A of the New York
exchangeable for goods 21:56 Arbitration Law 43:824
Minimum wage for miners 16:149 Constitutionality of statutory pre
Minimum wage for women and children: 46:II45-1148
constitutionality 28:89, Io5 Corporation barred by accepting with its
Minimum wage legislation 42:886-888 charter obligation of unconstitutional
-for minors: validity under the Four- statute 21:216
teenth Amendment 38:980 Corporation wh
Minimum wage legislation: validity under sonable servic
the Fifth Amendment: Adkins v. Chil- doing business in the state 21:453
dren's Hospital 37:547-573; 39:909 Does due process of law require a trial by
-validity under the Fourteenth Amend- jury? i:315-325
ment 37:546-547 Erroneous decision of
New York minimum wage within lawjurisdiction
for women 47:306
49:995 Estoppel 21:133, 145
Pay-day fixed by statute 7:300; 8:59; Ex parte appointment of
21:444; 22:536 Failure of judges of appella
Penalty for delayed payment of wages evidence in record 43:492
34:327 How far effect on complainant of i
Prohibition against assignment of future to third persons may be an eleme
wages 16:448 his right to raise a question of con
Regulation of wages tionality on 39:266
public
17:419 Nature of the intere
State statute prohibiting requirement that the question 21:438, 444
employee hand over tips a violation of Necessity of hearing and notice
Fourteenth Amendment 32:173 20:119-122
Necessity of notice to creditors and oppor-
Statute requiring certain classes of corpo-
rations to pay employees monthly tunity to contest petition in bankruptcy
22:536 under ? 77B 48:286
Statute requiring payment of wages in cash Penalty added to amount o
if demanded i9:62 affirmance in action un
Statute requiring weekly Liability
payment Act 38:110 of em-
ployees in money 7:300; 21:444 Position of foreign corpo
Validity of statute requiring payment of 36:327
Power to compel testimony
" current rate of wages" for labor on
public works 39:873, 895 investigations 42:107-108
Presumption as to extent of shift in
Taxation of tax determining right to refund
50:483-486
See Income Taxes, Inheritance Taxes, Taxa-
tion. Public officer having no direct interest ap-
pealing from state court 21:438, 444
Refusal of witness to testify on ground
Assessments
that statute is unconstitutional 33:119
See Taxation.
Restricting overruling decision to prospec-
tive operation 47:1412
Civil remedies: in general Right of county to test constitu
Bar of Statute of Limitations as vested rightstatute 25:560
9:219; i6:129 Right to confer w
- defense of as vested right 38:836 29:218

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DUE PROCESS OF LAW 353
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Statute depriving guest of action for in- light of decisions as to multiple tax
juries caused by host's negligence in driv- 48:944-953
ing his automobile 42:702 Place of trial-in civil actions
Statute empowering solicitor to call special 43:1223-1231
term of court 35:469 - interstate application of intrastate meth-
Statute establishing conclusive ods of adjustment 44:41-64
presumption
of knowledge 27:484 Res judicata: effect given to judgment
Statute invalidating contracts deredfor withoutarbitra-
having jurisdiction o
tion of future disputes 27:372, 384 defendant 26:446-449
Statute limiting the number of new trials Service on agent of nonr
39:267 doing business in state
Statute placing liability upon owner of au- Service on state officer without actual no-
tomobile for injuries caused by negligent tice to corporation as sufficient to acquire
operation by immediate members of jurisdiction of an action against a foreign
owner's family 34:434 corporation 40:904; 49:339
Statute taking away right of action
Service afterof state upon a dom
outside
trial but before judgment 33:727 corporation 27:85
Statutes penalizing insurance companies for
Sheriff's return not conclusive as to non-
delay in payment of claims resident defendant 50:980
Special appearance to contest sheriff
48:320-322, 324
Statutory condition precedent to mainte-turn as basis of jurisdiction 5o:980
nance of suit against city I9:618; Statute allowing suits against foreign ex-
20:494 ecutors 29:442
Statutory presumption of alienage sup-
Statute authorizin
ported by rule of convenience of facts pe- citizen of one stat
culiarly within defendant's knowledge 18:466; 25:188
44:I2I Subjecting the nonresident motorist to suit
Statutory presumptions, necessity of logical 43:949-954
connection between fact presumed and service on resident domiciled
Substituted
fact on which presumption is based elsewhere 47: o63
42:I076; 43:100-104
Statutory remedies against unincorporated
associations 20:58, 69 Civil remedies: legislative
Taney's views 49:12961298 Compulsory statutes prov
compensation
Warehouse receipt made conclusive evi- for injury
dence 28:627 31:628-636
Whether public official Developments, 1935-193
has sufficient
est 34:86 Effect of Workmen's Com
validity of release given
Civil remedies: jurisdicti
44:987
AttachmentExtraterritorial
of stock application
as co
47:35I through error in local
Extent of state jurisdiction over nonresi-
Necessity of findings of f
dent corporations and individuals doingtrative body in exercis
business within state 30:701-711 legislative powers 49:827
Statute imposing liability for injur
Injunctions in absence of personal jurisdic-
tion 50:498-500 servant outside state 15:747
Jurisdiction over foreign Statutecorporations
imposing liability on nonresiden
42:1062-1065 automobile owner for injury resulting
Jurisdiction over nonresident motorists from negligent operation within state
by service upon state official 47:349
Statute rendering nonresident automobile
38:III
Jurisdiction over nonresident motorists
owner liable for bailee's negligence
for injuries done in the state 48:625-628; 49:606-609
41:94
Jurisdiction over nonresident ownerCivil in ac-
remedies: administrative procedure
tion arising out of another's operationDue of process in compelling a witness to tes-
his automobile in state 43:493 tify before a non-judicial administrative
Jurisdiction over nonresidents doing busi- tribunal 39:708-724
ness within a state 32:871-891 Effect on administrative proc
Jurisdiction over partnerships having non- 36:587
resident partners 37:793-833 Extent of judicial review of r
Jurisdiction over persons and foreign cor- sions' decisions demanded by
porations 50:1124-1136 Constitution 38:167-175
Multiple administration of intangibles
Extent in
of jurisdiction of Supreme

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354 DUE PROCESS OF LAW-DURESS
References in heavy-faced type are to LEADING ARTICLES; in italics to
CASES. The figure in front of the colon refers in each instance to the volum

review decisions of Interstate Commerce Jurisdiction to pun


Commission 38:158-167 50:638-6
Finality of administrative Nature of sentence
determination of d
private rights 38:447-481 certificate as to health 24:498
Finality of order of public service Postponement
commis- of trials 18:311
sion 31:644, 653 Power of court to declare a mistrial after
Judicial review of administrative agency's
verdict of acquittal has been received and
abuse of authority 38:457-466 filed 40:133
Judicial review of findings of Interstate Procedural requ
Commerce Commission 37:741-743 after suspended sentence 37:913
Lack of power in administrative tribunalReception
to of verdict in prisoner's absence
issue compulsory process does not invali- 28:793, 8Io
date statute creating it 38:253 Rendition of verdict in capital case in ab-
Necessity of findings of fact by Presidentsence of accused as reversible error
in exercise of delegated legislative powers 22:380
48:804-806 Right of accused to be present at trial
Power of NRA code authorities to compel 20:235
testimony 47:98-1oo Statute making bank insolvency presump-
Requisites of adequate review of state tion of fraud in officers and directors
utility rate orders 50:813-821 42:10o76
Right to hearing before administrative Statutory commitment of defendants ac-
board 28: 98, 207 quitted of crime because of insanity
Right to independent judicial determination 22:218, 227; 23:63
and trial de novo of "jurisdictional Statutory indictment in adjoining county
facts " underlying administrative orders 20:404, 4I2
46:478-491 Statutory presumptions 5o:648-51
Right to representation at Federal Commu- Summary jurisdiction in liquor cases of
nications Commission hearing on petition mayor's court whose costs are paid only
of rival radio station 49:659 by convicted defendant 40: II49
Rule of Ohio Valley Water Co. v. Ben Surrender
Avon by one state to another of a
Borough 40:1033-1048 criminal not a fugitive from justice
- extent to which rule has been applied 21:224
40:1040-1048, 1070-1076 Taxing of costs against prosecuting witness
-necessity for independent judicial judg- I6:214
ment on law and facts in reviewing Trial of two indictments
rail- at once
road valuations 40:1048-1069 39:I20
Unconstitutional conviction: mob domina-
Scope of judicial review of administrative
rate orders 50:78-93 tion of state trial 36:1023; 37:247
-under valid statute: mob violence
Criminal prosecutions 28:793, 8io
Validity of in
Abolition of insanity as defense proceedings before an interested
criminal
actions 24:225, 235 judge 41:9I5
Admission of evidence of Validity of public enemy
analyst's act 49:1372
certifi-
cate as violation of right to confrontation
DURESS
37:269
Appointment of prejudiced See also Bills and Notes,
attorney for in-Contracts, Dee
digent defendant 46:335 Evidence, Quasi Contracts, Torts.
Admissibility of confession made und
Constitutionality of statute permitting
comment on defendant's failure to tes- hypnotic influence 42:704
tify 50:356 Analogy to deceit 39:0o8, zo9
Constitutionality As defense
ofinstatutory
early criminal law 45:10
p
in criminal cases 48:102-107 History of duress in the law 28:357-3
Contempt proceedings against persons Mortgage
not procured by attorney to cov
named in injunction 46:1311-1317 future services in defending mortgag
Conviction upon perjured testimony know- against murder charge 41:927
ingly used by prosecutor 48:1024 Nature and effect of duress 26:255, 26
Crimes taking effect in another state Relief against duress 39:109
50:1170 Remedies where one surrenders goods
Expert witness appointed by court: con- der duress 39:o08, zo9
stitutionality of statute 24:483, 499What constitutes -threat to do what one
Failure to arraign defendant in criminal has a legal right to do 42:274
trial 27:760 - threat to expose a third person to crim
Indefinite standards nal prosecution of 39:393 crimin
IndefinitenessWife's as invalidating
contract to indemnify su i
statute 50:1312 band's bail bond 43:497

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DYING DECLARATIONS - EASEMENTS 355
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTEs; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

DYING DECLARATIONS Display advertisements; sealed contract for


See Evidence. as giving rise to easement I9:526
Easements in gross: reservation of right to
EASEMENTS float logs 9:361
Nature Effect of sale of lan
Creation: in general proposed use as cre
Creation: necessity 28: 06
Creation: prescription Necessity that right of way be contiguous
Creation: implication with dominant tenement 48:335
Extinguishment Parol license acted upon: whether creating
Rights against innocent parties valid easement I3:54; 16:226; 25:191
See also Constitutional Law, Covenants of
Public easement in highway 12:357
- additional servitudes 4:70-73, 249-263;
Title, Covenants running with the Land,
Dedication, Dower, Ejectment, Eminent 6:315; 8:507; i2:6i, I38; I3:57; I7:409
Domain, Equity, Equitable Servitudes,Release of damages and covenant never to
Franchises, Highways, Injunctions, Party sue for flooding of land 40:498
Walls, Railroads, Real Property, Right
Reservation of easement in deed poll: op-
of Support, Statute of Frauds, Street eration as restrictive agreement 19:469
Railways, Taxation. Reservations construed as exceptions
13:404
Nature Restrictions on height of buildings 13:405
In general 9:352; I3:404 Right of purchaser of coal to use under-
Dedication distinguished fromground
public ease- for removing coal from
haulways
ment in highway I2:357 other land 34:677
Distinguished from profits i6:336 Right of an unobstructed v
Easement to load and unload of owner of from the highway 28:499, 520
land abutting highway 48:339 Right to maintain a nuisance by agreement
Light and air: abutter's easement in high-with prior owner of adjacent premises
way 4:70-75; 6:50; I5:305, 665; 26:460
I6:522 Riparian owner's right as easement 19:293
-nature of right acquired I5:495 River bank subject to state use for levee
-when it may be corporeal hereditament 9:483
29:525
Creation:
--whether including all light originally en- necessity
joyed I5:495 Implication of easement against state con-
Nature of an easement
demning part of owner's asland property
49:1374
limited to a determined
Right of access to gas and oil purpose
carrying with 2
368 it easement by necessity of erecting ma-
Parol agreement 36:490 chinery on surface 30:84
Protecting the legal right by decree and
Right to lay pipes on discovery of ga
injunction in equity 34:390-392 I3:693
Remedy of grantor of easement against Surface owner's right of access to st
owner of servient tenement who fails to under mines 7:47
pay taxes 35:617 Surface owner's rights again
granitetoI9:220
Spurious easements: agreement repair
water-wheel and furnish power I4:30I
Theoretical basis 7:4
-right to compel annual
Userpayments for subs
for purposes
repair of dam 9:352 I3:693
Valuation in condemnation proceedings Whether of arising agains
elevated railway's rights to impair ease- 7:47; 12:422
ments of light, air and access 48:293-298
Whether necessity must be absolute I4:232
View: abutter's easement in Whether highway subsequent necessity sufficient
40:I36 12:422; 13:693
Whether rent can issue out of an easement Whether way exists when access by sea pos-
37:320 sible 12:54
Whether use of right of way requires user
to close gate 35:767 Creation: prescript
Accrual of action
Creation: in general
whether before
By exception 38:185-197 9:435; 12:284; 1
Conveyance of easement for pipe line in
Easement of travel
return for privilege of using hydrant cre-
by general public I2:357
ating servitude upon pipe line Effect30:297
of reduction in statutory period o
Difficulty in ascertaining intention of par- during period of prescription
limitations
ties to contract 36:I037 50:527

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356 EASEMENTS - EJECTMENT
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RE
CASES. The figure in front of the colon refers in each instance to the volume.

Interruption of adverse user: by building Attempt to sever 20:136, 149


third track on elevated railway 21:629 Basis of rule that easement is merely
-by tenant 20:317, 329 pended by unity of seisin in estate of d
- under English Prescription Act 9:361 ferent duration 21:359, 368
- whether oral protest of owner sufficient Basis of rule that unity of ownership
16:438 tinguishes an easement 21:359, 368
Light and air: English and American rules Doctrine of abandonment by non-user as
compared 15:305, 495 violating Statute of Frauds 38:523
-extent of right acquired 15:495 Easement created by license: licensee in
Prescription against tenants in common, statu quo 16:226
one of whom is under a disability 21:371-reimbursement of licensee i6:226
Right of way over railroad property Effect upon an easement of unity of o
24:63 ship when the possession is in tenan
Theories of prescription: " lost grant " and years 21:359, 368
analogy to Statute of Limitations 2:43; Extinguishment by emi
3:148-151; 7:234, 425; 16:438 sity of notice 28:323
Trees overhanging: whether prescriptive Extinguishment of easemen
right gained 8:234 cemetery 38:688
User by general public License fortoprescriptive
servient owner to obstruct
pe-ease-
riod I2:357 ment I3:54; I5:32I
Use under mistake Non-user as 32:735
basis f
right 18:314 Payment of rent sh
Whether tenant may acquire easement abandon 38:523
against co-tenant 17:487 Release by former o
ment 9:434
Creation: implication Revival by servient owner rebuilding
See also Deeds (Exceptions and reserva- burned structure 12:356
tions), Statute of Frauds. Suspension because of misuser i8:6o8
Easement in land subsequently acquired by
grantor 15:238
Easement Rightsof
part againsthouse
innocent parties
in on adjoin
land Attempted reservation of easements in
14:466
Easement of light and 20:136,
grants of dominant tenements air o
adjoining vacant lot 149, implie
496; 28:628
of lot and building 22:143 Reservation by grantor of dominant tene-
Extension by accretion to soil ofment of right of action for infringements
servient
tenement 22:610 20:496
Implied grant of HOUR
EIGHT right
LAW of way 20
35:207 See Constitutional Law.
Implied reservation of right to flood ad-
joining land 16:455
Implied reservation of EJECTMENT
right to flowage of
water in mill race 30:648 See also Adverse Possession, Disseisin,
Light and air: abutter's easements Landlordover
and Tenant, Possession.
highway 4:70-75; 14:232; I5:305, Averment of lease: whether sufficient to
665; 16:522 show title in plaintiff 17:284
- partition by tenants in common by quit- Bill of peace to avoid numerous actions
claim deeds io:63 2I:208, 215; 22:371, 378
- whether implication By onemust
tenant in common 20:242
be a necessar
one 14:232; I5:305 - against lessee of other co-tenants 33:482
Necessity that grantee be
Creditor's suit aware
against grantee ofof gra
fraudulent
conveyance 16:375
ownership of quasi-servient estate
4I:920 Disseisin requisite to main
Right to water from well 9:156 I4:291; 19:369
Easement: whether owner may sue in eject-
Right to water pumped by gasoline engine
on adjoining land 28:323 ment 12:64
Support to land: acquisition of Encroachments
easement above
by surface 20:417
implication and estoppel 15:238 Illegal user of easement as basis of action
14:29z
Extinguishment Interference with easement: railroad right
Appurtenant easement giving access to of way 18:542
Laches of owner: whether bar to action
highway not extinguished by acquisition
of a means of egress to highway 34:88 against railroad 8:120
Attempted reservation of easements in Land sold to railroad: suit by
grant of dominant tenement 28:628 serving title till payment 12:435

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EJECTMENT - ELECTIONS 357
References in heavy-faced type are to LEADING ARTICLES; in italics t
CASES. The figure in front of the colon refers in each instance to the volu

Mortgagee's right after foreclosure Effect of suit barred


at law after period of limita-
I6:445 tions 37:9r4
Prior possession: as basis ofElection action 9:489; between s
I4:625; 20:563, 574 Limitations and action not barred
-what sufficient 9:489; I4:291 36:593, 620
Railroad building on land: effect of owner's
Inconsistency of the doctrine with other
laches 8:120; 26:184 rules of law 26:711
Inequitable
Street railroad built without authority operation of
14:291 26:709-711
ELECTION Origin of the doctrine 26:715-719;
36:593-594
Acquiescence by heir in construction of
Principles on which the doctrine depends
will: whether an election 10:384 26:708-709
Application of the doctrine when will ofRight to proceed against driver of automo-
married woman gave annuity to husband bile under National Prohibition Act and
out of separate estate, and chattel be- against vehicle under Internal Revenue
longing to husband to a stranger Law 41:676
23: 38, 147 Similar legal doc
Bequest by donee of power to one entitled 36:594
in default of appointment 15:862; Technical applica
I9:139
Condition for forfeiture in case of contest
cized 36:593-597
Unjust enrichment as f
as example of equitable election trine 36:594
39:63I
Confusion of the doctrine of equitable elec- ELECTIONS
tion with estoppel by deed 18:302 In general
Disseisin by election: in general Io:132 Calling elections
Notice
-in case of chattels 29:385-386
Doctrine of equitable election in wills Election districts
42:337 Qualifications of voters
Effect of election by surviving spouse to Primary elections
Ballots
take under the law upon right in intestate
property 42:350-356 Conduct of elections
Count
Effect of election of spouse tooftake
votes under
will of other spouse upon Qualifications
right to of candidates
share
in intestate property 42:335-350 Contests
Election in federal taxation 48:1285-1293 See also Constitutional Law (Privileges and
Grant by devisee to heir 20:498 immunities, of citizens), Equity, Injunc-
Heir's claim to both legacy and lapsed tions, Labor Law.
residuary devise 30:649 In general
Legatee qualifying as executor: whether
Congressional reapportionment
election to take under will 11:482 42:1015-1047
Right of one serving as executor to contest
- delegation to the executive
the will 40:646 42:1044-1047
Scope of the doctrine - in general
mathematics I1:482
of 42:1021-1039
Taking under will in one -methods
state bars
of claiming
42:1020-1039
against it in another 26:177 -political and constitutional aspects
Wife's consent to husband's will as equi- 42:1039-1044
table election 37:769 Constitutionality of proportional repres
tation system under Home Rule Amen
ELECTION OF REMEDIES ment 50:314
See also Agency, Banks and Banking, Elec- Liability of contrac
tion, Sales, Vendor and Purchaser. negligent installatio
A criticism of the doctrine 26:707-719 48:1442
Action against forger of a draft as preclud- Power of Congress
ing subsequent action against paying committees influen
bank 42:704 dential electors 47:527
Action by carrierCalling
against
electionsconsignor for
freight after collection of
Injunction less
against than
holding legal o
an election
rate from consignee 36:616 unconstitutional amendment 32:85
Actions against carrier for breach of duty
Taxpayer's suit to enjoin illegal elections
and against consignee for goods sold and
delivered 35:207 Notice ~~~Notice 228:309, 327
Conflict in decisions applying the
Necessity ruleto
of notice voters 17:10o
26:711-715
Notice to absentee voters 32:175

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3 58 ELECTIONS - ELECTRICITY
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in p
CASES. The figure in front of the colon refers in each instance to the volume.

Election districts Conduct of elections


Apportionment of state a political matterConstitutionality of voting machine under
8:232 provision for a vote by ballot 20:329;
Delegation of power to committee of politi- 21:287
cal party to establish districts for choice
Preventing electors from voting at congres-
of delegates 2I:215 sional election 28:8o1
Estoppel by lapse of time Right
to set of up citizen
uncon-to inspe
stitutionality of a statute mandamus
defining as remedyelec- I7:576
tion districts 21:133, 145 Whether voting by ballot means by sec
Independent power of state legislatures ballotto 20:574
create congressional election districts-
whether power is legislative and Countsubject
of votes
to veto 45:355-364 Apportionment of illegal votes I8:228
Constitutionality of statute authorizing the
Qualifications of voters judiciary to recount and recanvass ballot
Delegation by legislature to political party
21:138, I45, 216
of power to determine qualifications
Election certificates binding until ofdirectly
voters 43:470 overturned 32:83
Right of negroes Meaning
to vote ofin " majority
state p
43:467-471 42:956
Right to vote of inmates of national sol- Qualifications of candid
diers' homes 20:497 Disfranchisement: effect of reelection after
The white primary in Texas
ouster 46:812-818
20:316, 332; 22:540; 23:312
- effect of sentence suspended 22:229
Primary elections Eligibility of alien naturalized after election
Constitutionality of act entitling only larger 7:123
parties to vote at primaries 2I:622,
Eligibility 630
of an insane person for public
Constitutionality of common office
provisions 37:384
in
primary election acts 24:659, 673 Eligibility of judg
Constitutionality of taxation for official office beginning
primary elections 21:622, 630 Ineligibility of can
Dismissal of contest as moot when no hear-vote 33:1060-1061
ing possible before general election - at primary election 32:435
48:844 Plurality of votes cast for a disquali
Federal power over congressional primariesperson 24:393, 402
43:137
Contests
Power of political party to exclude negroes
48:I436 Discontinuance of suit 24:673
Right of negroes to vote in state primariesUse of declaratory judgment 43:1291
43:467-471
ELECTRIC WIRES
Status of a committeeman elected at a pri-
mary 38:94 See also Telegraph and Telephone Com
panies.
Ballots Conflicting rights of telephone and electric
Constitutionality of statutes providing forcar companies 9:493-506
preferential elections 29:213, 221; Conflicting rights of telephone a
36:88i companies 34:331
Discrimination in form of ballot 19:I35 Duty to guard against f
Effect of improper emblem on validity of trespassers 36:350
ballots 18:467 Duty to insulate agains
Indorsement of ballots Fletcher by v.rubber
Rylands: ap
stam
when initials of judge ciple of are
7:325; 24:322;
required25:563
21:287 Induction and conduction, distinction b
Nomination of same tween man 8:507; by9:494-495
two part
for same office: constitutionality Liability for damage caused of statby
ute allowing name plied to to another's wires
appear but I7:134
once o
ballot 25:176, I88 Liability to users of electricity of one neg-
Political combinations in ligently elections breaking wire 17:288
45:906-912 Remedies for injury: action for damages
Right to appear on ballot under party 8:507
name: in general 26:351, 371 -injunction 4:263-270; 7:i84; 8:292;
- when nomination made by primary 9:495498
26:351, 371 ELECTRICITY
- whether political or judicial question See Electric Wires, Eminent Domain
26:351, 371 tures, Highways, Interstate Comm

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ELECTRICITY --EMINENT DOMAIN 359
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; an
CASES. The figure in front of the colon refers in each instance to the volume.

Negligence, Street Railways, Telegraph


Right of one nation to take land in another
and Telephone Companies. country 21:28-29
Right of one state to cond
ELEVATED RAILROADS another state 2 :25-28,
See Eminent Domain, Railroads, Street
Railways. For what purposes proper
Aesthetic purpose 20:35-
EMANCIPATION
34:419, 433
See Infants. - establishment of building lines
EMBEZZLEMENT 34:419, 433
Electric power plant I8:528; 20:649
Appropriation by collection agent of funds
Irrigation ditch for private use 17:493;
from which he may deduct his commis-
19:62
sion 2I:287 Irrigation system 9:284
Estoppel of defendant
Land condemned as substitutionto
for land den
capacity 12:56
previously taken 37:385
Venue: goods contracted for in one co
Land condemned by railroad used
and embezzled in another 12:507 vate warehouse 28:208
EMINENT DOMAIN Power of state to condemn l
In general use of another state 35:208
Nature of the right Public purposes: conflicting public purp
Who may take property 8:289, 431; I6:446
For what purposes property may be taken -what purposes are public 8:53; 9:284;
What property may be taken 15:399
When is property taken -who may judge whether purpose is
Compensation public 16:399; 32:169, 179
Proceedings Removal of dam in interest of public h
See also Constitutional Law (Trial by 25:55z, 563
jury), Corporations, Estates, Federal Reservation of battlefield 9:536
Courts, Highways, Public Utilities, Rail- Restrictions upon property adjacent to
roads, Street Railways, Taxation. public parks 27:486
Right of Federal Government
In general land for housing 48:102I
English housing law 49:432-454 Right of way for private mining pu
Theory of the police power-relation to 19:535
power of eminent domain 49:887-902 Side-tracks for private use 20:494
Town site I5:399
Nature of the right When land may be cond
In general 15:399; 3I:90o mediate private use to
mate
Independent or derivative title public purpose 37:385
20:650
Nature of rights acquired 20:501
Police power distinguished from eminentWhat property may be taken
domain 3:198-205; 22:542; 27:664,682 City taking property of which it was the
Police power versus eminent domain in es- grantor 26:177
tablishing building lines for future streets Determinable fee 27:388
49:352-356 Federal Government taking state la
Public servitude distinguished from eminent 21:25
domain 9:483 Power of one state to condemn land in
Reserved right of another
municipalitystate 35:208 dist
guished from eminent Property already domain devoted to pu
9:4
Zoning as an exercise 8:289,of
431; i6:446;
police I8:3I3; 26:I77;
power:
eminent domain 37:835 28:707; 44:305
Property dedicated to state by United
Who may take property States for use as a park 24:499
De facto corporations 25:638-639 Property rights of citizens of foreign state
Domestic state injuring rights of foreign 8:138-160
riparian owners 8:138-160 Property within an embassy 2I:25
Federal Government: exercise of right
Taking over for aesthetic purposes
property
lands within states 8:231; 2I:25 47:141
Legislative promise not to exercise is in-Use of tracks of one company granted by
effective 34:54z city to another 9:485
Need of international agreement to allow
one country to take property in another
When is property taken
2 :23-31 Access to stream cut off by improv
Quasi-public corporations 8:231; I2:I44 to navigation I4:45r

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360 EMINENT DOMAIN
References in heavy-faced type are to LEADING ARTICLES; in italics to
CASES. The figure in front of the colon refers in each instance to the volum

Additional servitude on highway: Regulationelectric


of private property in the inter-
light poles 6:315; I3:57 est of general beauty 20:40-42
- electric railways 4:249-250, 256-263; Requisition of water power rights
6:315; 8:507; 12:6i, 138 44:859
- elevated railroad structures: fee in city Restricting height of building in process of
4:70-73; 8:231; 15:665; I6:522 construction 13:405
-horse railway 4:251-253 Riparian rights cut off by
- steam railway 4:253-255; 7:54, 438; under " commerce clause " I4:45I
I5:665 Riparian rights taken by eminent domain
Building of revetment causing erosion 28:484 486, 494
17:493; 19:62 Taking under Fifth Amendment: improve-
Condemning easement which has already ments to navigation 14:451
been used for the prescriptive period, - preventing drainage of land i6:597
against tenants in common, one of whom Telephone poles in highway I3:57
was under disability 21:371
Damage to good will 39:654 Compensation
Damage to land on streams tributary Accrual of to
action for prospective injury to
streams improved 30:764 land arising from legally privileged con-
Destruction of property belonging duct
to loyal 37:584-589
citizen which is in enemy's territory Admissibility to in eviden
prevent spread of epidemic 22:542 duction 23:632, 641
Easements as property not to be taken Apportionment between la
without due process 19:I27 ant for years 48:682
Elevated railroad as injury to abutting Apportionment of condemn
owner 17:201 40:1135-1139
Federal regulation
-between mortgagor andof mortgagee rai
31:870-874 44:1142
Firing over -property land subject and
to life estateesta
40:1137
control station 36:883 - property subject to term for years
General discussion: legislative authorization 40:1137-1139
of nuisances I9:127 Claim in respect of possessory title
Grade of street changed by railroad 20:563, 574
7:123; 15:665; 25:664 Compensation to owner of dominant tene-
Grading street as affecting abutting land ment when servient tenement is con-
33:451, 476 demned 30:89
Implication of easement by necessity Computing market value 29:427
against state condemning part of owner's Corporate owner's right to recover value of
land 49:1374 land over which members held easements
Interference with as individuals
light49:1373 and air:
elevated railway Date as cases
of which 4:70-75;
damages are
16:522 4:80-81; 25:88
Interference with Division non-abuttin
of compensation for
right of access 16:372 nation of a determinable fee 38:981
Interstate river: diversion Effect
by of change of
upper user 26:439, 453
state
8:138-160 Effect of unprofitableness of operating ele-
Land taken from disseisor before running of vated railway 48:293-298
Statute of Limitations 20:563, 574 Elements involved in reproductio
Land taken which is subject to an executory basis for valuation 37:437-452
devise 21:218 Elements of damages for erection of ele-
Land which is vated railway 4:79-80; 5:203;
subject to8:231 res
ment 20:139, I46 Fee simple covered by water 29:332
Liability in condemnation Fixtures attached before condemnation for
proceedings by
excess user of easement 50:695 railroad condemning land 14:72
For land which was subject to restrictive
Loss caused by federal shifting of harbor
lines 28:806, 814 agreement 21: 39, 146
Municipal liability for Good torts will to39:654
property
and eminent domain 46:308 "Great ponds " diver
Navigable rivers: whether authority to Pond cases 2:195-211, 316-331;
build on them is a property right 3:1-22
38:124 Highway opened across railway: rights
Pollution of navigable stream 20:497 railway 9:359
"Property" defined 3:189-193 Interest of an optionee 4I:I1o
Interest
Purchase of property by United States ren- on compensation placed at con-
demnee's disposal pending appeal which
dering impossible deficiency assessments
to pay improvement bonds 47:706 increases award 23:64

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EMINENT DOMAIN -EMPLOYERS' LIABILITY ACTS 361
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Light and air: compensation for interfer- compensation without notice of taking
ence I5:665 28:323
- how value determined 6:50 Valuation in taking by the city of elevated
Loss of profits caused by gradingrailroad's
street right to deprive abutting
30:187 owners of easements of light, air, and
Mortgagee's claim on fund paid into court
access 40:498; 48:293-298
26:453 Valuation of elevated railroad's exercised
National watercourses: improvements right for
to deprive abutting owners of ease-
navigation with loss to riparian owner ments of light, air, and access 44:295
38:124 Valuation of property in the Roman law
Payment for gold in paper currency at face 34:229-259
value 47:484-485 Value of fee under highway 29:332
Persons entitled: lessor and
Value of property lessee
as affected 4:78-7
by reproduc-
- tenant at sufferance 12:505 tion cost 37:437-452
- vendor or purchaser 4:75-78; 5:203; Value to possible purchasers
15:733 tion in computing market v
Prerogative of the English Crown and com- erty taken 22:382
pensation as a matter of right 33:7I3, Waterway constructed by c
735 way right of way necessit
Property taken for the defense of the realm changes 25:389; 27:664, 682
33:713, 735 What constitutes an entire tract 25:3
Property taken under police power: right
What government action implies a prom
of owner to damages 3:198-205 to pay 47:706
Protection of dower right 20:407, 417What is admissible e
Protection of inchoate dower right 49:654 35:76, 8
Public park taken for post-office: city's Whether necessary
right to compensation 16:446 30:672-6
Reservation by tenant of claim for injuries
to structures erected by him 22:381 Proceedings
Right of abutting owner to enjoin use of Costs 25:388
railroad until compensation for injury to Estoppel against a
his property has been made 23:471, 482 pal corporations 49:336
Right of tenant in common who was under Federal condemnation proceedings
disability when the easement taken had Seventh Amendment 4I:29-50
been used for the prescriptive period Landowner's right to damages, fees,
costs upon dismissal 47:355
2I:37I
Rights given against the fund 26:453 Proof of damages 4:81-83
Rights of executory devisee when property Right to abandon proceedings af
is taken before his interest has vested ment 20:574; 31:79I, 800
21:218
Setting aside award of commissionersEMPLOYERS'
in LIABILITY ACTS
condemnation suit 38:256 See also Constitutional Law, Illegal Con
Set-off of benefits conferred on land re- tracts, Interstate Commerce, Judgments
maining to owner 12:505; 21:368 Master and Servant, Railroads, Res Judi
Set-off of general benefits conferred on re- cata, Workmen's Compensation Acts.
maining land 33:981
In generalfor buildings
Statute denying compensation
erected in line of plotted streets 28:428
Constitutionality 42:889-896
Street opened across railroad 39:774 - application to corporations as a cl
Structure placed upon land before condem- unconstitutional 20:634, 648
nation 20:70 - liability without fault 24:243; 33:86,
Substitutional non-pecuniaryIi6 com
with assent of -validity
parties compensat
of provision for penalty upon
37:385affirmance of judgment for plaintiff
Taking of private way for public 38:II0
28:63I
Effect of English act on doctrine of assump-
Tenant for life without
tion of risk 20:94-107impeachm
waste not entitled
Effect of to proceeds
notice to servant of ofb
mental trees taken by governme 20:110-113
33:618
English and American statutes reviewed
Tracks of one railway used
2:213-230by a
company 9:485 Proposed plan for compensation of railway
United States Court of Claims accident claims 29:705-723
38:1104-Irr2 "Risks of employment" 28:175-178
Validity of statute extinguishing right to
Waiver of benefits of servant: by continued

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362 EMPLOYERS' LIABILITY ACTS -EQUITABLE CONVERSION
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

use of defective appliances EQUITABLE CONVERSION


6:451; 8:291 See also Conflict of Laws, Legacies and
-by contract with principal 5:94 Devises, Taxation, Vendor and Purchaser.
"Ways, works, and machinery " withinInthe
general I:378-380; i8:1-22, 83-104,
statute: loaded freight cars 8:357 245-270; I9:1-29, 79-96,233-249,
321-334
Federal
Ademption of specific devise by contract to
Applicability: injury on ferry operated bysell land made after execution of will
foreign railroad in territorial waters 47:rr19
41:674 Contract for sale of land: whether effecting
Assault by fellow servant known to be conversion i:377-380; 9:117-118;
vicious 30:768 19:81-85
Assumption of risk under
Conversion the
by condemnation Feder
proceedings
ployer's Liability Act 28:163-185 33 :824
Assumption of the risk as affected by em-Devise of land which testator had con-
ployer's violation of state factory act tracted to sell 9:489
28:712 Devise of land which testator had directed
Constitutionality 20:481, 499, 65I; to be sold for purposes which have failed
21:290; 22:38-47 22:450
Discrimination against causes of action aris-
Distinction between direction to sell land,
ing under federal statutes in sister states
with gift of proceeds, and lien or charge
48: 25
on land 19:85-91
Effect of fraud in gaining employment on
Effect at situs of forei
right to recover 43:141 conveyance of land 33:423-425
Effect of limitation on action brought in
Effect of conditions precedent to vendor-
state court 29:451
purchaser relation 33:824-826
Employees within scope of Act
Effect of direction ofproceeds
to re-invest 1908 of
26:354, sale
374 of land in other land i9:91-96
Employers' liability litigation in the Su-
Effect of mortgage by purchaser in default
preme Court 46:240-253 33:830-831
- proposed alternatives to present Act
Effect of option to purchase land 26:747,
46:252-253 763
Limitations of actions 43:1155 Effect upon determination of what law
Relation to intrastate commerce 25:740
governs legacy 33:18-19
Relations of state and federal courts- re-
Failure of purposes of conversio
moval of causes, determination of juris-
and personalty distinguished 12:143
dictional facts 41:534 - resulting trust 12:143
Remedial actions for injuries caused
Foreclosure by
by vendor 33:833-834
violation of Safety Appliance Act
Inheritance tax on foreign realty equitably
49:456-46I
converted 29:342
Right of deserting wife 43:1309 Insurance 33:828-830
Whether state compensation statutes are
- effect of option to rebuild 37:915
superseded by Act of 1908 29:439, Its 459effect on validity of trust performable
Workmen's compensation on interstate rail-
outside of jurisdiction of its creation
ways - an appraisal of the Federal Em-
I9:457
ployer's Liability Act and proposed al-
ternatives 47:389-424
Law applicable to will directing equita
conversion 49:994
EMPLOYMENT AGENCIES Law governing the desc
Regulation of, see Constitutional terest Law in(Due
a contract for the sale of land
process of law; regulation of trade or 4I:795
business). Option to buy land exercised after vendor's
death: whether heir or personal represen-
EMPLOYMENT INSURANCE ACTS tative is entitled to purchase money
Definition of unemployment in unemploy- 23:70; 27:79, 97
ment insurance 44:285-290 Progress of the law, 1918-1919
ENTIRETIES 33:822-834
See Tenancy by the Entirety. Right of next of kin to surplus proceeds of
land subject to an encumbrance, sold
ENTRAPMENT after death of owner under order of court
See Criminal Law. made before his death 23:482
EQUITABLE ASSUMPSIT Risk of loss 33:826-827; 47:i1191-I92
State inheritance tax on decedent's con-
See Account.
tracts to sell foreign realty 45:392
EQUITABLE CHARGES Through bilateral contract for purchase and
See Trusts. sale of land ig:233-241

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EQUITABLE CONVERSION -EQUITABLE SERVITUDES 363
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Through trust or duty to purchase or sell Nature of restrictive agreements as to use


land 19:245-249 of property enforceable in equity
Through unilateral covenant to purchase 33:813-814 o
sell land 19:242-245 Nature of the right created, how far a
Time of conversion when property
propertyright 2I:139,
is to I46;be
38:968-969
sold after the termination of ato particular
Obligation continue operation of pump-
estate 21:288 ing plant: intention of parties 32:730
True meaning of
Progress conversio
of the law, 1918-1919
Vendor's interest held not 33:813-822tan
within transfer tax law 33:822-823 Representation of future conduct as basis
What property ceases to be assets for debts, of estoppel 33:II2; 38:969
by equitable conversion 19:79-81 Resale price restrictions as equitabl
Whether devise of land to unpaid vendor tudes 50:669-670
thereof, releases executor from liabilityRestriction on resale of
for purchase price 23:407 Restrictive covenant that
Whether right to surplus after sale of de-
occupied by a colored person 36:220
Theoretical basis of enforcement of restric-
ceased's land is realty or personalty
21:630; 22:451 tions 5:274-278; 6:280-283; I4:301
Wrongful transfer by vendor 47:z1g9 Unenforceable interest in land as a domi-
nant tenement 39:775
EQUITABLE EASEMENTS Where covenantor has no corpo
See Equitable Servitudes. in the adjoining land 28:201, 213
Creation and kinds
EQUITABLE ELECTION
See Election. Agreement imposing restrictions in favor of
a business 24:574, 584
Agreement in contract of sale to e
EQUITABLE SERVITUDES
restrictive covenant as creating
In general servitude 28:435
Creation and kinds
Agreement of a railroad
Parties bound
Defenses maintain facilities 30:507
Agreement to purchase beer from particul
See also Statute of Frauds.
brewer 19:479
Analogy between coven
In general covenant running in
Accretions to servient tenement under same builder who has agreed
restriction as tenement itself 30:89 wall 37:312,314
Affirmative covenants: whether enforceable Conditional covenant ag
equally with negative 5:278-279; debenture 49:627-628
I4:301 Contract for display advertiseme
Application of Statute of Frauds to equi-
ing rise to I9:526
table servitudes on land 33:817; 38:967
Contract running with a b
Apportionment of benefit and burden Covenant by assignee to pay
5:283-284 32:278, 290
Common ownership of part of restricted
Covenant not to open air-sh
and benefited lands: effect of I2:356
to mine I2:356
Compensation to owner of dominant tene- Covenants not to com
ment when servient tenement is taken Developments - I887-I936 50:214-218
under eminent domain 30:89 Equitable servitudes on chattels
Covenant prejudicial to Chinese repugnant 41:945-1013; 50:186
to Fourteenth Amendment 6:47 - attempted methods of binding sub-pur-
Covenant prejudicial to colored persons not chasers by restrictions 41:951-954
repugnant to Fourteenth Amendment -commercial reasons for restrictions
36:220 41:946-948
Covenantor's liability upon re-entry after -general equitable principles, analogous
breach of covenant by lessee 23:I51 equitable interests in personalty
Declared intention the true ground for im- 41:960-969
posing equitable servitude 33:814-815 -general equitable principles, early cases
Effect of changed conditions 47:1190 41:957-960
- upon equitable servitudes 31:876, 896 --general equitable principles, analogy of
Eminent domain: compensations for right Lumley v. Gye 4I:969-977
when the land subject to the agreement - judicial attitude toward 41:954-956
is taken by eminent domain 21:139, 146 -possible survivals from early cases
Intent as to extent and duration 4I:1007-1011
47:zz89-ix9o - reasons against 41:977-987

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364 EQUITABLE SERVITUDES - EQUITY
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to R
CASES. The figure in front of the colon refers in each instance to the volume.

-types of restrictions employed -who may enforce 5:281-283;


41:948-950 6:283-284, 286-289; io:14-15; I8:I5I,
Equitable servitudes on chattels and re- 535; I9:I40; 38:134
straint of trade 4I:987-998 Extinguishment of restriction by surrender
-price restrictions 4I:987-998 to party without notice 25:94
Equitable servitudes on chattels and statu-
Liability of covenantor after parting with
tory monopolies 41:998-1007 title 49:335
- copyrights 4I:1005 Notice: what constitutes 5:281
- patents 4I:999-1005
- trademarks 41:1005-1007 Defenses
Essentials to validity of restrictions
Acquiescence 5:275
in violations by others as a
General scheme of development: bar by mutual
estoppel 38:115
rights and liabilities created 6:289-301
Cancellation of unenforceable covenant
Implied right of covenantor to similar 22:543
covenants from his purchaser I8:I52 Change in character of locality as ground
Liquor-selling on granted premises forbid- for decree quieting title 29: 06
den 7:500; 21:450 - change in character of locality as ground
Personalty: advertising for refusing injunction where
privileges induration
stree
railway 44:648 of covenant is limited I8:472; I9:305
--equitable servitudes on aschattels
Change of conditions affecting covenant
41:945-1013 not to sell to Negroes 44:989
-restriction as to patented articles Effect of changed conditions 48:1209
io:1-22; 2I:62; 3I:298, 3II - upon equitable servitudes 31:876, 896;
- restrictions in price on re-sale 33:819-821
25:59-69; 26:640, 659; 33:966, 986 Plaintiff's laches as a bar to equitable relief
-vessel subject to charter-party 39:655 I7:I38
- whether possible subject of 'restrictions Waiver and release 5:279-280
io:10-14; I3:53; I7:45, 560 n.; 20:335
Reasons against the existence of equitable EQUITY
servitudes on chattels 41:977-987 Nature and sources
Refusal to imply prohibition of oil well of jurisdiction: in general
Grounds
Grounds of jurisdiction: mistake
from specific terms and general purpose
of plat restrictions 50:696 Grounds of jurisdiction: fraud
Grounds
Reservation of easement in deed poll: of jurisdiction: multiplicity of
oper-
ation as restrictive agreement 19:469 suits
Right of composer who had assigned a Subjects of jurisdiction: personal rights
copyright to have the copyright worked Subjects of jurisdiction: property in gen-
in his behalf and to be paid royalties eral
after a sale of the copyright by the Subjects of jurisdiction: fiduciaries
trustee in bankruptcy of the assignee Subjects of jurisdiction: administration
45:586 of estates
Right of lotowner in private cemetery un- Subjects of jurisdiction: contracts
der parol agreement as equitable ease- Subjects of jurisdiction: penalties and
ment 19:205 forfeitures
Sale of lots according to plot 28:212 Subjects of jurisdiction: torts
Sale of lots with reference to a building Subjects of jurisdiction: crimes
scheme or plan 33:815-816; 34:786 Subjects of jurisdiction: public officers
Subjects of jurisdiction: political rights
Parties bound Exercise of jurisdiction: discretion
Jurisdiction of the court
Condition not naming " assigns "; validity
against purchaser with notice 7:500 Procedure
Disseisin: restrictive covenants after the Decree
disseisin of the covenantor I8:6o8 Priority of equities
Effect of injunction against nuisance on Notice
certain property upon subsequent inno- Maxims
cent grantees 21:220 See also Account, Bills of Peace, Cancella-
Effect of resubdivision of land tion of Instruments, Charities, Conflict of
33:81.7-819 Laws, Constructive Trusts, Discovery,
Equitable Conversion, Equitable Servi-
Enforcement of restrictions: against whom
enforceable 5:281; 6:284-286; tudes, Federal Courts, Fraudulent Con-
io:14-15; I2:356 veyances, History of Law (Equity),
-jurisdiction of equity 5:274-278; Husband and Wife, Injunctions, Inter-
6:280-283; I4:301 pleader, Jurisprudence, Labor Law, Libel
-where relation of "dominancy" and and Slander, Limitation of Actions, Lis
"serviency " is lacking 27:493 Pendens, Maxims, Mortgages, Nuisance,

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EQUITY 365
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Parties, Partnership, Privacy, Right of; Relationship of doctrine of L


Quasi Contracts, Quieting Title, Receiv- to equitable doctrine 39:749
ers, Reformation of Instruments, Rescis-
sion, Specific Performance, Subrogation, Grounds of jurisdiction: in general
Suretyship, Trade Marks and Trade Abandonment of historic canons of juri
Names, Trespass to Realty, Trusts, Uses, tion under mandatory arbitration st
Vendor and Purchaser, Waste. utes 46:1266
Abatement in pur
Nature and sources pense of infant, s
Assimilation of powers of equity courts to by court 23:473,484
those of law courts 50:178-179 Abolition of distinction between law and
Blackstone's treatment of equity 43:1-28
equity in the codification of real property
- in his lectures 43:28-32 law 36:IooI
Appointment of a receiver of a solvent
Brief survey of equity jurisdiction
I:55-72, 111-131, 355-387; 2:241-267;
private corporation where no other re-
lief is sought 35:204
3:237-262; 4:99-127; 5:101-138;
Avoidance of deed by insan
Io:71-99; I3:537-556, 659-678
Developments in the law - 933 20:419
47:1174-1208 Bill for cancellation of unenforceable
Development of equity 37:397 covenant 22:543
Cancellation of contra
Discretion in protecting a "legal right"
36:211-215 avoidance 35:340
Effect of implied conditions in equity and Denial of harsh and opp
at law I:370-371 bankruptcy on equitab
Equitable interests as property 39:504
rights
48:529-530 Duress as legal or equitable defense to a
Equity and the Statute of Frauds specialty 49:151
Early chancery jurisdic
28:237-238
Equity in public law 48:524-525 ceedings in forma pau
Failure of Restatements to liquidate dis- 36:363, 37
tinction between law and equity Effect of existence of ad
47:1385-1387 in state courts on feder
Fifty years of American equity 50:171-251 tion 49:950-956
- equity and agriculture 50:205-212 Enforcement of foreign
-equity and business 50:181-192 5o:1149
- equity and government 50:224-248 Federal court injunctions against enforce-
- equity and labor 50:193-205 ment of state tax laws--Supreme
- equity and the individual citizenCourt's insistence upon inadequacy of
50:212-224 legal remedy 46:257-260
- future of American equity 50:248-251 Fifteenth century chancery juri
Fundamental characteristics of, and overdis-sorcery and witchcraft 3I
tinctions between, equitable and - over suretyship 31:851-853
legal
ownership 30:459-473 Impairment of credit as a basis for canc
Judicial repeal of the Statute of of
tion Frauds
unenforceable contract 44
9:455-463 Infant's real estate 23:473, 484
Jurisdiction of fifteenth century Injunction against holding election on un-
chancery
31:834-859constitutional amendment 32:859
Law and equity as double-headed system
Insolvency as ground for specific perform-
representing conflicting ideals ance 47:I181-1182
Insolvency as groun
47:940-942
Nature and classification of equitable grant specific perf
rights
i:58-71; I3:537-556 Judicial determinatio
Nature and classification of wrongs federal tax before p
1:111-131; 13:659-679 45:1223-1226
Nature of equitable interest 33:I23 Jurisdiction based on absence of any ques-
Nature of equitable jurisdiction and equi- tion of fact for the jury 24:239
table rights 33:420-428 Limitation on defense of fraud as ground
Nature of equity jurisdiction 26:292-296
for cancellation of insurance policy after
Progress of the law 33:420-441, loss
813-837, 49:329
929-955 Property of ins
Relation of equitable relief against insolvent pending inquisition 7:496
defendant to bankruptcy and insolvencyProtection of insane persons at suit of next
proceedings 3I:709-711 friend IO:249
Relation of equity to other branches of
Protection of intere
English law i:114-116 ing strikes in wa

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366 EQUITY
References in heavy-faced type are to LE
CASES. The figure in front of the colon refe

Public purposes: cestui in spendthrift trust created


conflicting public by
8:289, 431; I6:446 himself 23:649
Quasi-contract: adequacy of legal remedy Equity and probate
33:864 fraud, undue infl
Regulation of affairs of political party wills 41:309-339
12:354 Fraud as legal or equ
Relation of labor injunction to doctrine specialty 49: 15
that equity will not punish crime Infant enjoined from
36:504 20:60, 72
Reorganization of insolvent corporation by Reconveyance of land
decree 36: 007 ic's lien proceedings w
Restraining enforcement return of service on owner
of of land
judgme
default obtained because of illness of 23:485
counsel 23:484 Restraining interference with plaintiff's sell-
Right to privacy 43:297-302 ing system as unfair competition
Suit to revoke competitor's license to prac- 30: 66, I95
tice 44:1296 Right of vendor to obtain by rescission
chattel similar to one sold 42:438
Grounds of jurisdiction: mist
Grounds of jurisdiction: multiplicity of
Defective execution suits of power
Equitable relief for unilatera
In general 33:476
fact 30:637, 649
Bill against two defen
Equitable relief from forfeiture of lease
one of them was liable 23:224
effect of executory accord made under
Bill by insurance companies to have sepa
mistake of law 4I:0o67
rate actions by the same insured settled
Equitable relief when money is paid under
mistake of fact i:212 in one suit 23:480, 640
Bill by receiver against delinqu
Imposition of constructive trust on account
tors of corporation 20:70
of mistake in will 21:434, 452 Bills of peace with multiple partie
Injunction to restrain enforcement of er-
45:1297-1332
roneous decree 15:410 Damages to each of several plaintif
Limitation of actions to recover money
dition to injunction 33:6o1
paid under mistake 41:1051-1055 Injunctions against separate tort acti
Power of equity over corporations
14:611; I6:374
42:715-718 Numerous related claims in court of limited
Reinstatement of policy surrendered under
and final jurisdiction 46:851
mistake of fact 7:53
Right of Reconstruction Finance Corpora-
Relation between suit in equity and action
tion to enforce bank stockholders' statu-
in quasi contract 39:1105
tory liability 49:832
Relief against mistake of fact When
23:608-626
one is arrayed against m
Relief for mistake of law 24:394, 409; 21:208, 215
32:283, 294
Subjects of jurisdiction: perso
Relief for mistake of law and fact 39:1107
Appointment of receiver in aid
Rescission for unilateral mistake 33:123
creditor 27:761
Unilateral mistake as ground for reforming
Compelling father to
deed of gift 39:271 42:114
Visitatorial jurisdiction Creditor's
over corporations
bills: general discussion
in equity 49:369-395 4:99-127; 5:101-138
- to reach unassigned dower IO:382
Grounds of jurisdiction: fraud
Enjoining exercise of creditor's legal rights
Basis of equity jurisdictionin at
reorganization
instance proceedings
of 36:1o07
minority stockholder, to prevent
Enjoining ma-contrary to policy
libel: whether
jority of stockholders fromofharming
jury trial 29:655-657
cor-
poration 22:591, 608 -whether infringement of freedom of
press
Bill by intended devisee against 29:648-655
one obtain-
ing devise by fraud or threats
- whether precluded by
33:422-423 29:657-66
Cancellation of fraudulent birth certificate Enjoining misstatement
21:54, 58 ings 43:959
Cancellation of a pardon 36:888 Enjoining threate
Constructive trust when fraudulent con- against third party 27:668, 682
veyance secured by abuse of confidential Feeble-minded person's right to dismiss his
relationship 39:650 suit for cancellation of voidable convey-
Equitable execution against interest of ances 42:130

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EQUITY 367
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refe

Interests of Internal affairs of associations


personality: control not for of d
relations by injunction 37:770;
profit 43:999-1001 3
Interests of personality: in
Interpleader general
when same p
29:640-646, 668-677;
in two places 3I:895;
25:174, 197 33:
-whether equity will protect
Mortgagor's 29:9
right to an account fo
-progress of theand
law,
profits1919-1920
received by mortga
34:407-415
possession 23:301, 312
Internal affairs of associations not for Power to appoint a receiver w
profit 43:998 pointment is the sole object of
Political rights: whether enforceab 30:273, 289
equity I7: 30; 30:397 Power to protect property in h
Power to restrain publication of injurious
organized corporation from su
falsehoods 30:172, i88 itors of old corporation 36:1007
Protection of other than property rights
Protection of business reputation as a prop-
21:54, 58; 5o:219-224
erty right 29:646-648
Protection of social and political relations
Protection of property in news
29:677-682Recognition of legal rights in
Publication of statement not defamatory, 47: 423-1428
but consciously false and Reformation
intending to
of voluntary deed after death
cause damage 23:402 of grantor 43:968
Removal of
Recovery from estate of money spite
lent tofence
ex- 25:197
ecutor by equitable attachment ofcriminal
Restraint of execu- prosecution to safe-
tor's right of reimbursement 23:228
guard property rights 29:219
Restraining paramour's use of wife's
Revocation name settlement: how
of voluntary
47:1205-20o6 far permitted 0o:443
Right of a minor child to maintenance by Specific reparation for tort to
father 33:729 35:206
Right Subjects
to privacy: of jurisdiction: fiducia
developments-I 933
47:12o6-I2o8 Action of account against fiduc
-how far recognized in equity 15:227;
Trustee's bill for instructions wh
16:72 made adverse to legal title 17:573
Whether equity will protect right of em-
ployment from interference 32:436
Wife's right to restrain husband in arrears Subjects of jurisdiction: administration of
estates
for support from obtaining Mexican di-
Administration of limited fund to which
vorce and remarrying 47:1206
there are claims more than sufficient to
exhaust the fund 23:402
Subjects of jurisdiction: property in gen-
eral Barring claims against property in h
receiver when not presented bef
Adjustment of conflicting easements under
franchises I7:570 specified day 36:1030
Bill to obtain speedy Fifteenth-century
possession of home- chancery ju
31:854-855
stead I:268, 342
Change of security Security
under from the administrator
corporate f
of unmatured debt of deced
mortgage 44:92-97
Winding up a benefit society I8:I47
Control over foreign and domestic corpo-
rations at suit of stockholder 23:55I, 567
Subjects ofin
Corporate powers as powers jurisdiction:
trustcontracts
44:1049-1074
Attitude of fifteenth-century chancery
Enjoining nuisance against state when dam- 31:848-849
ages would be adequate 21:132,
Cancellation 144
in aid of infant's avoidance
Enjoining preferential payment of multiple 35:340
Change of security
claims by automobile liability insurer under the corporate
49:658 mortgage 44:92-97
Equitable interests in land Conditional
under present negative co
English law 36:1000-1001 pledging in debenture
Equitable relief against merger of home-
remedy at law 49:623-24
stead right and fee 30:650 Contract of infant and mutuality
Extinguishment of future interests without
Contract to operate a depot 29:552
statutory provision 42:54-62 Contract to renew lease at rental to be
-contingent interests 42:59-62 agreed upon by parties 36:726, 76I
-interests of infants 42:56-59 Contract unenforceable at law: how far
- vested interests 42:55-59 enforceable in equity i:370-373
Injunction by municipal corporation Contracts for joint, mutual, or joint and
against public nuisance 26:371 mutual wills 28:246-251

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368 EQUITY
References in heavy-faced type are to LE
CASES. The figure in front of the colon refe

Contracts to Developments
bequeath in the
or to devise o
intestate 28:241-245 47: 200-1208
Covenant in debenture Doctrine of comparative
against injury
borrowing
as creating in rem right 49:627-628 47:1200-1201
Developments in the law--933 Early history of equitable relief against
47:181-1r89 torts 38:844-846
Employee's contract not to compete after a
Enjoining coal strike
term of employment 41:782-786 ernment 34:401-407
Employees' contracts to assign inventions Enjoining nuisance 8: 149;
to employers 40: rooo-003 26:371
Enforcement by seller of contract Equitable
for relief
sale against waste 33:124
of chattel 20:372-373 Illegal professional competition
Enjoining use of motion picture obtained 47:1202-1205.
by ordinary breach of Injunction
negative against covenant
continuing trespass
29:784 where damages are nominal 28:209
Injunction to enforceInjunction negative against separate
covenant tort actionsin
contract of personal service 32:176 I4:611; 16:374
Injunction against trespass to foreign
- where the rights of third persons will not
be injured 31:704-711, 719 realty i5:579
Internal affairs of associations not for Injunction against
profit 43:1001-1007 esse termini 29:101
Injunction
Jurisdiction of equity to enforceby cropper against landlord
mutual
wills 28:218 who seeks forcibly to oust him from the
Liability of premises 35:882
purchaser at for
22:304 Internal affairs of associations not for
Mandatory injunction to evict tenants--profit 43:1007-1010
adequacy of legal remedy 41:924 Legal torts already commi
Power to restrain probate of will made in equity therefor i:126-131
breach of specifically enforceable con-Negative torts i:380-381
tract to devise 30: I92 Nuisances 47:1201-I202
Protection of contractual rights Perpetual restraint of cont
against
third parties with notice 38:124 not causing irreparable da
Recovery of specific chattels contracted for of one whose right by lon
33:428-429 uncertain 21:220
Relief where performance of condition Prevention of disco
precedent has been prevented 36:621 a public utility 37:368, 392
Specific performance with compensation Progress of the law, I919-I920
40:476-481 34:388-415
Substantial performance of conditions Recovery of specific chattels deposit
precedent in insurance policy with defendant as security 33:428-4
26:271 Repeated conversions and balance of c
Whether assignee of chose in action is venience 36:211-215, 223
bound by equities against assignor in Restraining inducing third person
favor of persons other than obligor mit a tort 23:402
23:3IO Restraining use of railro
Subjects of jurisdiction: penalties and for- tion for injury to abutt
feitures been made 23:471, 482
Injunction against passage of a municipal Right of vendor to obtain by r
resolution involving a forfeiture of chattel similar to one sold 42:438
franchises of street railway 34:332 Specific reparation for tort to dower right
Permitting forfeiture proceedings by land- 35:206
lord despite erection of building by lessee Subjects of jurisdiction: crimes
49:1009 Criminal jurisdiction 12:502;
Prevention of forfeitures 33:950-953 i6:389-403
Relief against forfeiture: growth of theEnjoining coal strike at suit of federal gov-
doctrine 29:129-135 ernment 34:401-407
Relief against penalties:Enjoining development of criminal
of procee
the jurisdiction 29:123-129 ex rel. 17:567
Relief from forfeiture of lease incurred Enjoining
by violation
breach of covenant 20:640, 652 ing an unfair me
Suit to quiet title for breach of condition 42:693-696
subsequent 31:80I Enjoining violation of usury statute
43:499
Subjects of jurisdiction: torts Fifteenth-century chancery 31:857-858
In general 33:123 Injunction against prosecution for viola-

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EQUITY 369
References in heavy-faced type are to LE
CASES. The figure in front of the colon ref

tion of municipal in billsordinance


of peace with multiple bec p
estoppel 45:74I 45:1321-1332
Penal ordinance; whether Hardship andequity unfairnesscan 47: 19e
join enforcement 26:454 Injunctions against foreign suit
Restraint of criminal prosecution to safe-
Injunction where plaintiff's right or
guard property rights 29:219 ant's wrong is doubtful I9:301
Statutory extension of injunctive law en-
Internal affairs of associations not for
forcement 45:o096-1102 profit 43:1020-1029
Plaintiff's default or lache
Subjects of jurisdiction: public officers 47:1194-1197
Action by municipality against tax collec-
Preliminary mandatory injunction chang-
tor for taxes collected 26:552 ing the status quo 41:671
Power of federal taxpayer to enjoin Prevention
con- of nuisance: whether exerci
gressional appropriation 37:750 jurisdiction discretionary i8:I49
Power to aid collection of taxes when legal
Refusal to arbitrate industrial differences as
remedy inadequate 23:647 a basis for denying equitable relief
Power to punish municipal corporation for 37:389
contempt 20:I50 Specific performance-effect of recent
Power to restrain fraudulent
legislationelection offi-
47: 1040-1042
cials 20:157 Suspicion of improper motive as grou
Power to restrain passage
refusing relief 31:492 of
ordinance 23:470, 484 Use of upset price in partition sa
Power to restrain prosecution by district
attorney of several defendants under Jurisdiction of the court
state liquor law alleged to be invalid Abatement of foreign nuisance c
23:469, 484 jury within jurisdiction of cour
Protection of de jure public officers 23:390, 400
I7:575 Consent decree for partition of foreign land
Restraint of police I9:382; 20:150 41:251
Use of injunction to enjoin execution ofConveyance of foreign land for tort or
criminal sentence 40:781 breach of contract 20:384-393
Decrees to take effect in another state
Subjects of jurisdiction: political rights 50:113I-II32
Protection of political rights 50:222-223
Enforcement of decree in foreign state
33:423-425
Exercise of jurisdiction: discretionEnforcement of foreign alimony decree
Balance of convenience as a defense to con- 41:798
tinuing trespass 39: o98 Equity acting in rem-injunctions with
Conditional decree to remove prejudice of
out personal jurisdiction 50:495-500
laches 39:270 Foreclosure of mortgage on property partl
Consequences of mandatory specific
in another jurisdiction: indirect order
forcement of arbitration agreements 29:456
46:1258-1280
Injunction against suit in foreign jurisdic
Defendant's consenttion to
after bill to
Statute of quiet
Limitations had tit
run
ground for enjoining
in ownpending
state 33:92, II4 action
ejectment 43:833 Injuncton to restrain trespass to f
Discretion in terminating
realtytrust
I5:579;39:127
20:329
Discretion of court in granting Jurisdiction relief
by consent or esto
25:290; 34:787 21:368, 446
Discretion of court to refuse relief on Jurisdiction by contract of the
grounds of public convenience 21:446
28:IIO Jurisdiction in rem to enjoin sale of stock
Discretion to charge state with laches where
in domestic corporation pledged with
it invokes aid of equity to collect aggre-
nonresident outside state 46:327
gated penalty 36:756 Labor injunctions and federal legislation
Discretion to refuse decree unless all inter- 42:766-794
ested parties are before the court
Nonresident defendant 35:611
38:1114 Ordering affirmative action outside the ju-
Discretion to refuse to aid buyer seeking
risdiction 31:646, 652; 35:6Io, 617
monopoly 19:543 Ordering reconveyance of foreign land for
Discretion to refuse to aid conduct wrongful under-
illegal only where deeds de-
taking 16:444; I7:I34 livered 50:129
Doctrine of unclean hands in labor con- return of shop
Ordering
troversies 43:1120-1122 state in violation of collective labor
Factors determining exercise of jurisdiction
agreement 50:700

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370 EQUITY
References in heavy-faced type ar
CASES. The figure in front of the co

Power to decree Nature of cross acts


positive bill
26:292-296lis pendens 20:488, 500
Necessary and proper parties in
Power to order extraterritorial arbitration
46:1268-1270 equity practice 48:995-roo0
Power to require abatement of foreign nui-Necessary parties to suit 18:57
sance I7:572 Necessity of joining all parties whose in
Restraining terests are affected
legal proceedin15:858
dictions 26:347, 374; 33:425-428; Need of reform to enable courts of
47:1176--178 to enforce decrees 33:423
Operation of the reformed equity pro
Specific enforcement of agreement to arbi-
trate in another state 47:1055 in England 26:99-107
Plaintiff's announcement to the trade of suit
Statutory jurisdiction to award prospective
damages: Lord Cairns' Act 38:667, 689 for patent infringement as ground for
With reference to foreign realty refusing dismissal without prejudice
47:1174-1175 43:319
Plea stating matter already alleged I2:354
Writ of ne exeat where no pecuniary claim
involved 29:206, 222 Reforms in English Chancery procedure
under Act of 1852 12:165-175
Procedure Representative actions 36:89, Iio
Cases in equity that become moot on ap- Seals: necessity in answers of corporations
peal 34:4I6, 433 II:478
Conclusiveness of admissions Section 274(b) of Federal
in Judicial
pleadings Code
32:73I 36:474-479, 486
Set-off of immature claims in insolvency
Conjunct administration of law and equity
50:1019-1021 and receivership 34:178-196
Cross bill adding new parties 33:730 Statute of Limitations: application to
Decrees in personam: what are such to remove cloud 15:588
9:449-454 Writ of sequestration as a conse
Demurrer to bill in equity: effect as admis- process 38:525
sion of facts I6:69
Decree
Discovery in equity in Massachusetts
i6:201-202 Adjudicating claim of presumptive remain-
derman who is a party 38:526
Dismissal of bill for non-joinder of parties
36:620 Award of separate damages to each of se
eral plaintiffs in addition to an injunc
Does dismissal of bill make merits res judi-
cata 36:620 tion 33:6io
Effect of Comparison
appeal upon o
for contempt 21:444 road Shop Crafts cases 37:1101
Equitable defenses in actions Decree
at operating as warranty deed
law in fed-
eral courts 36:474-479, 486 29:770, 782
Enforcement
Equitable relief compared to relief at law of money decrees 50:178-179
I: 116-118 Equitable decree as record evidence of the
Federal Equity Rules 27:629-643; equities in subsequent litigation in an-
29:55-75; 35:276-302; 36:474-479; other state 35:612
46:638-659 Injunction against corp
officers 47:1178-r179
Finality of decree for purposes of Supreme
Court review 48:302-309 Power of equity to award d
Fusion of legal and equitable procedure equitable remedy has becom
50:179-181 30:188
Granting decree in view of events -where no equitable relief is given
interven-
ing between institution of suit and ad- 33: 23
judication 49:655 Power to restrain exercise of creditor's legal
Indispensable parties, right rights in reorganization
of a salesman proceedings
of a corporation to enjoin striking 36:1007 em-
ployees without joining Priority oftheequities
corporation
as party plaintiff 34:332 Application of doctrine of purchase for
Insertion of interrogatories in billvalue forwithout
reliefnotice to purchasers of
i6:202-205 equitable interests 39:271
Meaning of "parties interested" Conflicting equitable claims to sa
3I:654 doctrine of Eyre v. Burmester I7:352
Method of proof in hearings of motions for --doctrine of London Banking Co. v.
temporary injunctions in the federal River Plate Bank 36:858, 879
courts 4I:909-9I2 Effect of notice of prior assignment be
Narrative record in receiving
federal payment 43:1152
equity app
42:483-515 Effect of provision in bonds that holder

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EQUITY- ESTATES 37I
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

shall share in security of any future mort- - application to baseball contracts 28:213
gage of existing property 33:456, 476 --application to breach of contract
Effect of second mortgage on the rights of 37:268
a party subrogated to the security of the --application to declaration of marital
first mortgage 35:596, 624 status 4I:Io59-o062
Equitable pledgee as against holder - ofdenial
prior of dower righ
equity incapable of recordation 46: 6o
rying in violation of
Exceptions to rule of prior equities in mort- local divorce 48:123
panying
gage law i5:742 - application to divorce 41: Io6I
Holder of prior equity - effect estopped by
of doctrine on rights leavin
of grantee of
deeds with mortgagor 12:62 fraudulent conveyance 36:622
Later equity: under what circumstances it
--fomenting of breaches of peace as
prevails 5:209 ground for denying injunction to protect
Pledgee of stock postponed to prior
right of free speech 48:507 eq
5:293 - in labor controversies 43:1120-1122
Priority of equitable mortgages determined -limitation of the doctrine 36:221
by notice I7:497 - plaintiff's misrepresentation of decree as
Purchase of equitable interest for value
grounds for vacating it 48:343and
without notice 36:480 --application to property rights
Purchaser for value and without notice of 41I:1061-1062
an equitable interest fraudulently ap-
- refusal of court to aid by injunction dis-
pointed 24:490, 500 semination of falsehood 42:438
Records in equity cases: English - relaxationpractice
in interest of third persons
42:505 48:336
-practice in different states 42:509 Maxims of equity 34:809-836
Recovery by prior assignee of money col-Meaning of the " clean hands " maxim
lected by subsequent assignee 39:649 35:754, 774
Right of defrauded judgment debtor ERROR CORAM NOBIS
against bona fide payee of judgment See Appeal and Error, Judgments (Setting
proceeds 20:236 aside and vacating).
Right of donor in trust to reform deed of
gift as against bona fide purchaser of
ESCHEAT
equitable interest created by deed
See Descent and Distribution.
39:271
Superiority of equities where purchaser of
ESCROWS
land pays price in escrow but has not
received legal title 38:689 See Bills and Notes (Delivery), Deeds (De
livery).
Notice
Actual notice in equity 34:142-150 ESTATES
Circumstances putting one to inquiry In general
34:144-150 Fee simple
Constructive notice 34:150-159 Fee tail
--knowledge of facts putting one on For
in- life
quiry 34:152-154 For years
- lis pendens 34:155 See also Deeds, Descent and Distribution,
-notice to an agent as notice Eminent
to Domain, Future Interests, Hus-
his prin-
cipal 34:156-158 band and Wife, Legacies and Devises,
- possession of real property Real Property, Rule against Perpetuities,
34:154-155
- recital in documents Trusts, Wills.
of title 34:155
- registration 34:155-156
Definition of notice 34:140, 144, 148
In general
Distinction between notice and knowledge Modification of theory of tenure under a
34:140-144 code 36:995-997, 1003-1004
Equitable doctrine of notice 34:137-160 Nature of estates and estates in pers
Proof of actual notice 34:144-150 36:989
Recording of mortgage as notice to vendee Proposals in England to assimilate free-
in possession of mortgagee's right to bal- holds to leaseholds 34:350-359
ance of purchase price 47: 119
Summary of the doctrine of notice Fee simple
34:159-160 Conditional fees 48:1203-1207
Maxims - possibility of reverter as an " estate in
Clean hands: application of doctrine land" I3:I50
3 :889, 9oo- under modern English law 13:150
- application to annulment 41: o59-ro06 Determinable fees 48:1203-1207

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372 ESTATES

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

-division of compensation for condemna- --life estate in machinery devised with


tion 38:981 other property 21:635
-in American jurisdictions 17:297-316 - personalty to follow limitatio
-property taken by eminent domain 22:441, 455; 23:68;
27:388 31:660
Estate beginning in futuro: at common law - residuary bequest for life I9:219
and under statute 8:363; 9:157 --right of life beneficiary as against re-
-reservation of life estate to strangermainder-man to lien on insurance-
8:363 policy for premiums voluntarily paid
-under Statute of Uses 8:363 29:228
Perpetually renewable 99-year lease as -time of accrual of action by owner of
equivalent of fee 49:'135-1136 future interest in personalty, for con-
Qualified fee compared 36:990 version by holder of life interest 21:542
Requirement of words of inheritance In chattels real I4:402407, 418-419
50:763 -rights of life tenant in lease renewed un-
Restraints against involuntary alienation der a power 20:639, 653
4I:920 Insurance by life tenant: right
Fee tail derman to share in proceeds 42:581
- whether trust for remainderman I1 :333
Barring the entail by a tenant in tail in re-
Lease for life determinable at will of lessee
mainder 41:798
16:527
Children not in esse not barred by judg
Life estate raised by implication to fill a gap
ment against parent 24:156
in the limitations 30: 187
Curtesy after estate tail determining by
Life tenants' liability in damages f
failure of issue 9:158 to owners of future interests
Cy-pres doctrine applied to estate tail to
50:767-768
child of unborn person 17:559
Mortgage paid by life tenant: rights against
Development of fee tail as estate of inher-
remainderman 9:550
itance 39:216
Permissive waste by life tenant 13:I51
Docking of fee tail 39:217-220 Power of life tenant or remainderman to
Estate tail in rent charge: effect of disen-
extinguish other interest by judicial proc-
tailing assurance 29:555 ess 42:30-75
Limitations in Chudleigh's case I0:443 Power of life tenants to bind remainder-
Particular language construed to create es-
man by voluntary partition 26:275
tate tail 9:158
Power of life tenant to obtain judicial sale
Statutory changes in United States
and reinvestment of proceeds
24: 144, 153
United States decisions and statutes 50:760-762
Power of trustee to bind remaindermen by
34:509-510
Unusual form of estate tail special 29:878lease, mortgage, or sale 47:513-517
Recovery by life tenant for injury to the
inheritance: relation to liability for per-
For life missive waste 28:637
Absolute devise followed by modifying Restraints on the alienation
clause reducing gift to life estate: effect estates 37:9I5
of failure of modifying clause 23:485 Right of equitable
Apportionment of proceeds among succes- of remainder 29:345
sive beneficiaries of a trust 44: Io-Io5;Right of life tenant in priva
48:II9I-1195 I9:205
Right of owner of future interest in per
- sale of stock rights in subsidiary corpo-
ration between corpus and income of sonalty to security 5o:768-769
trust of corporate stock 44:870 Right to increase in value of principal re-
-unproductive mortgage proceeds be- sulting from life tenant's activity
tween life tenant and remainderman 48:1217
Right to partition 42:30-75
49:805-8ii
Rights of life tenant buying in mor
Defaulting life tenant's right to contribu-
tion from remaindermen for redeeming property 20:639, 653
mortgaged premises 49:834 Trust funds: apportionmen
Forfeiture by attempt to convey a fee losses between life tenant and remainder-
under Statute of Uses 48:1209-121I man io:187; II:339; I5:79,4I6; I6:54,
In chattels personal: in general 14:407-419 404-417; 18:318; 20:I47; 3I:447469
- apportionment of stock dividends be- -apportionment of stock dividends be-
tween life tenant and remainderman tween life tenant and remainderman
26:77, 89; 29:551 26:77, 89; 29:551
- future interests in chattels personal -right to excess of interest obtained by
24:582 trustee's unauthorized investment, as be-

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ESTATES - ESTOPPEL 373
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to

tween life tenant and remainderman Relationship as basis of estoppel


21:546 39:637
Vesting of future estate when life estate Right of purchaser of improperly issued bill
expressed as " loan " 8:62 of lading upon subsequent delivery of
goods to carrier 42:711
For years Transfer of title to personalty b
See also Landlord and Tenant. 35:456, 47I
Conveyance of standing timber construed
Whether sovereign may be estopped in pais,
as a lease 20:239 by record or by deed I9:126
Dedication by lessee 2I:151
Who is
Effect of state prohibition of liquor estopped
selling
on lease for occupation " as a saloon andlandowner estopped to set
Adjoining
not otherwise " 23:229 true boundaries 9:359; I2:356
Lease of incorporeal interests: in general
Agent estopped by false statement to prin
I0:375; I6:225 pal as to investment 20:230
Lease of water privilege 16:225 Bank estopped by statement to vendo
Nature of interest of long-term lessee-nonnegotiable certificate of deposit af
shareholder in coiperative apartment - that bank would pay assignee
sale
validity of restraint upon alienation 22:538
49:158 Buyer, by failure, after notice, to objec
Nature of lessor's interest in perpetually resale
re- by unpaid seller 35:872
newable leasehold 49: I43 Carrier estopped by delivery of goods
Parol surrender of last year of term to take
without requiring surrender of bill of
effect in futuro 28:436 lading 37:908
Power to give a lease which mayCestui
extend be- estopped by
yond trust term 20:75; 21:211, 223
tion 2 :53, 64
City's right to stre
ESTOPPEL estoppel 41: o68
In general Corporation by accep
Who is estopped topped to set up un
What acts will estop existing statute 21:216
Effect of estoppel Corporation estopped by estop
Estoppel by deed members 15:581
See also Bills and Notes, ConflictCounty
of Laws, estopped to set
tations
Contracts, Illegal Contracts, Letters of because of mis
agent as to date on which taxes became
Credit, Subscriptions, Torts, Trusts.
delinquent 40:647
In general Creditor estopped to procee
Consent to optional act as barring attack relying on surrender of or
on its constitutionality 42:435 24:328
Dedication distinguished from estoppel Donor of note estopped to
10:132; I4:65; 16:128 donee in reliance 12:506
Estoppel of bank to apply garnis
Doctrine of intervening rights in patent re-
issues 44:959-963 posits to demand note 48:845
Enforcing liability on letters of to
Estoppel of city credit on possession
deny utility's
theory of estoppel 32:16-19, of franchise 26-2846: I028
Equity jurisdiction conferred Estoppel by of prosecution fo
estoppel
municipal ordinance 45:741
21:368, 446
Estoppel as basis of doctrine of apparent
Heir not estopped by probate adjudicatio
authority 9:507-520; 15:324; as to realty, although he did not appea
I6:186-192 32:79
Estoppel asserted by a class 38:242 Holder of prior equity estopped I2:62
Estoppel by representation 37:170 Holder of security interest estopped against
Estoppel in criminal law I2:56; 18:467
purchaser from dealer 45:1424-1428
Estoppel in federal taxation 48:1293-1318
How far maker of non-negotiable instru-
Estoppel to contest the constitutionality of
ment may be estopped from setting up
a statute 48:988-995 defenses 39:878
Infancy:
General discussion of estoppel inestopped
pais to assert same II:I99
24:423-427
Infant's estoppel by innocent misrepresen-
Influence of common law intationBritish civil- 39:275
law jurisdictions 50:1265-1266 Insurance compan
Intent and causation as elements of estoppel
falsity of agent's m
by representation 41:672 cation 37:260
Nature and rights of an estoppel-asserter
Issuing and drawee b
i8:302 35:584-5

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374 ESTOPPEL
References in heavy-faced type are to L
CASES. The figure in front of the colon ref

Licensee Estoppel
estopped of broker validity
to deny to deny sale of
44:I35 stocks at time specified in unan
Married woman estopped: despite ignor-margin call 47:1435
Estoppel of heirs to deny va
ance of invalidity of divorce, to assert
dower 30:647 contract to adopt 49:644
-to deny validity Estoppelofoftransfer
municipal corporation of
I7:57I don condemnation proceedings
-to set up forged release of dower by Estoppel to plead Statute of Lim
negligent failure to act I6: 43 by oral requests for time before r
Municipal corporation estopped to revoke of statute 46:856
license 8:235 Execution of accommodation note intended
Municipality by payee bank to by
estopped deceive bank
mereexaminer la
2I:292 50:687
Failure of applicant for patent to advance
Municipality estopped from asserting public
rights in streets 30:769 claims at prior interference 50:I39
Officer of corporation estopped Failure as
of assignee
indi- of written contract to
vidual by acts done in officialtake the writing from assignor 29:879
capacity
24:674 Failure of buyer to object to resale by un-
Ostensible partnership: estoppelpaid as basis seller
of 35:872
doctrine 10:49 Failure to act I6: 43; 18: 40, 468, 622;
Owner of stock certificates endorsed in 21:133, 145; 26:349, 372
blank estopped as against innocent third Failure to notify bank of forgeries as basis
persons to deny title of agent to whom of estoppel against depositor 22:226
he has entrusted them 22:616 Fraud of one joint tortfeasor inducing re-
Party procuring void divorce estopped lease oftoanother 50:836
deny validity I9:622 Husband, contracting bigamous
Power of dealer to bind conditional vendor estopped from inheriting from
by transaction with a bona fide purchaser 43:140
44:1i35 Infant's fraud as estopping disaffirmance of
Principal estopped to deny ownership ofmarriage contract 47:356
agent 14:152; 15:322; 16:226 Innocent misrepresentation: as basis
toppel
Public rights in municipal streets barred by 9:359; 24:494, 500
estoppel 17:273 -induced by trick 15:235
Sovereign 25:564; 34:556 Partial distribution of estate in pu
Stockholder's liability on unpaid of void contract 15:858
subscrip-
tions 20:401, 4I4 Receipt in full as basis of estopp
Tenant estopped toRe-delivery of an unrecorded
deny landlord's dee
title
I9:375 grantor in order to divest title f
Third party estopped by misleading con- grantee 28:813
duct from recovery against undisclosed Reliance on part o
principal 23:513-530 I9:113-11
Representation as
What acts will estop basis of estoppel 14:544; 22:451;
Acquiescence as a bar to asserting defect in 33:II2
Representation
municipal assessment ordinance 40:782of law 31:655
Rightsjurisdiction
Application to court to exercise of mortgagee against one purchasin
as creating estoppel to denyfrom
itsdealer without actual notice of
jurisdic-
tion 20:150, 237 recorded mortgage 42:573
Continued possession Sale ofas lotsindicium
from map showing of str
ti
43:1309 dedication 9:488, 549
Delivery of goods by carrier to holder Voluntary
of transfer of overdu
instruments 3 :1129-1134
bill of lading without requiring surrender
thereof 37:908
Different but not Effect of estoppel
inconsistent statem
position 19:383 Alternative explanation of transf
Election 20:240 to personalty in cases usually
Entrusting of stock upon certificates
estoppel 35:458 wi
power of attorney Billstoof lading:
execute extent of lia
transf
49: 16 misrepresentation is as to ap
Estoppel and waiver ditionin
of goods 45:1259
admitting p
dence to contradict Estoppel insurance
as basis of validity poli
of agr
47:1010 as to valuation, which operates
Estoppel of bank president to foreclose tation of carrier's liability 21:35-38,
mortgage by failure to prevent bank's 39-46
loan to mortgagor 46:1024 Liability of municipal corporation upon

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ESTOPPEL - EVIDENCE 375
References in heavy-faced type are to LEADING ARTICLES; in it
CASES. The figure in front of the colon refers in each instance to th

intra vires contract executed without Irrelevancy


proper authority 47:1166-1168 Remoteness
Matters
Liability of nominal partner for injury to likely to mislead jury
invited person 28:33I Similar facts and occurrences
Notes: liability of maker to bank of
Character receiver
parties
on note given to bank without considera-
Confessions
tion as fictitious asset 38:242 Hearsay: in general
Upon the right to attack collaterally cor-testimony at former trial
Hearsay:
poration which lacks the general requi-dying declarations
Hearsay:
sites of a de facto corporation Hearsay: pedigree
2 :312-315 Hearsay: matters of public or general in-
Usurious contract: estoppel as basis for re- terest
covery on I9:454 Hearsay: public documents
Void contracts: whether they
Hearsay: ancient matters can be
enforceable by estoppel I9:454, 627 Hearsay: against interest
Whether void assignment of lease a surren- Hearsay: account books
der by operation of law 28:313, 330 Hearsay: regular course of business
Hearsay: intentions, feelings, or bodily
condition
Estoppel by deed
Analogy to transfer of patent rights Hearsay: res gestae
38:692 Opinion
Area of land wrongly stated in deed Opinion: expert testimony
Real evidence
12:509
Documents
Assumption of mortgage by grantee, mort-
Corroboration
gage being barred 17:497
Foreignby
Conveyance of contingent remainder law
ancestor as estopping heirs who See
takealsoby
Administrative Law, Admissions,
purchase 22:234 Appeal and Error, Attorney and Client,
Bastards,
Easement extinguished Burden of Proof,
by estoppel Constitu-
12:219
Easement preservedtional
byLaw, Criminal Law, I5:238
estoppel Damages,
Discovery,
Effect of intervening History of Law
discharge in(Evidence),
bank-
ruptcy 44:128 Judicial Notice, Law and Fact, Parol
Evidence Rule, Physicians
Effect of registry system: and Surgeons,
on doctrine
I7:482 Presumptions, Privileged Communica-
-priority of purchase money mortgage tions, Statute of Frauds, Trial, Wills,
Witnesses.
40:499
Estoppel against remainderman by tenant
claiming under void devise 19:59In general
Admissibility
Grantee not estopped to deny validity of and probative value of nega-
tive evidence 42:422-426
will under which grantor took 20:498
Land conveyed by warranty beforeAdmissibility
ac- of evidence of woman's
ility to obtain exemption from estat
quired held subject to judgment lien
against grantor 22: 36, 143 47:1061
Admissibility of telephone conversati
Land mortgaged before acquired: priority
of mortgage to judgment lien 29:457 35:437-438
Allowance of a claim as admissible in
Leaseholds: right of assignee of lessee
(grantor) to reject title 42:275 dence against the surety of the bank
Mortgage conveyance with covenants of 41:793
warranty subject to prior mortgage Applicability of rules of evidence to pro-
44:128 ceedings for issuance of search warrant
Quit claim deed: title by estoppel under 46:1310-1311
11:555; 19:382 -where the judge is the trier of facts in
Theories of the doctrine 35:457 an action at law 42:258-262
Warranty deed: title by estoppel under Blood tests to show paternity 116
7:429, 498; II:344; 12:219; I4:233 Civil deposition statutes 45: 76-I8I
Whether applicable by analogy to cases in- Common-law rules of evidence in proceed
volving personal property 35:456 ings before workmen's compensation
commissions 36:79-83,263
EVICTION Compelling the testimony of absent wit
See Landlord and Tenant. nesses 43:121-126
Constitutional limit
EVIDENCE
Federal Trade Comm
In general documentary evidence 36:340
Contracts to alter the rules of evidence
Nature and scope
46:z38-143

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376 EVIDENCE
References in heavy-faced type are to LEADING
CASES. The figure in front of the colon refers in eac

Delay in objecting at trial


Progress toI919-1922
of the law, evidence ob
tained by unlawful search 35:302-317,
and 428-449,
seizure673-714
35:470 Proof of non-existence by diligent inquiry
Deliberate false testimony as an admission 46:715
of liability 42:831 Proposed simplification of rules of evi-
Developments in the law - I932
dence 47:I076-1077
46:1138-1170 Recent treatises 35:303
-examination of witnesses 46:1154-1159 Reform in methods of settling
- hearsay 46: 1159-1167 mental capacity 36:333
- presumptions and burden Rules
of proof governing Federal Comm
46:1138-1148Commission 49:1338-1339
- privilege and competency of witnesses
Rules of evidence in federal criminal trials
46:1148-1154 47:853-859
- scientific methods of proof Signs of change 35:304-309
46:r167-1170 Some avenues to simplification of t
Effect of the war on the law of evidence 35:710-714
35:303-304 Some observations on the law of evidence
Evidence of nature of general strike in -memory, a psychological examination
prosecution for advocating overthrow of of legal treatment of past recollection re-
government 36:204 corded and present recollection revived
Expert witness' view of methods of 41:860-873 proof
36:1042-1044 Some proposals for reform 40:1r58-160
Functions of judge and State law of evidence
jury in the federal courts
in interpreta-
tion of statutes 46:1086-1110 43:554-585
Inspection by accused before trialTapping telephone wires as unreasonable
41:519-522 search and seizure 41:258
Instructing the jury upon presumptions
Testimony of parent as to non-ac
and burden of proof 47:59-83 divorce proceeding 37:916
Interpretation of statute requiring judicial
Where speaking of words is independ
notice of foreign law 42:130 important fact 46:I159-1160
Law of evidence in British civil-law juris-
dictions 50:1260-1261 Nature and scope
Legislation admittingContracts decedent's hearsay
to alter or waive the rules of
declarations as antidote evidence
to testimony 35:306 of
interested survivor 46:836-838 Distinction between law of evidence and
Lie detectors 46: i68 substantive law 6:339-344; I2:52,
Looking backward and forward at 74-77 evidenc
Is a presumption evidence 44:908-909
50:897-936
Outline
- basic principles of a of law of evidence
sound code3:142-147;
50:922-924 12:74-86
- efforts at legislative Present state of law: defects
reform 12:71-74,
50:924-93
- hearsay 50:918-922 86-88; 35:121
- preliminary questionsReform
of fact
in methods of settling questions of
50:91.-918 mental capacity 35:307-309
- presumptions and burdenStatuteofrequiring
proof written contract: e
50:910-913 dence or substantive law I2:52
Suggested
Method of proof in hearings reforms 12:88-94
of motions for
temporary injunctions in the federal
courts 41:909-912 Irrelevancy
Methods of scientific crimeindetection,
Admissibility civil action of a crimad
missibility of evidence obtained
conviction 36:1050 by
44:843-844
Admissibility of intent
Motion pictures 46: 167-1168 quent doing of an act 37:77I
Offer to compromise admissible toAdmissibility
explain of statements by an age
delay in bringing suit 42:697 evidence against his principal
Power of legislature to declare previously 43:936-940
convicted persons competent 42:957 As a general principle of exclusion
Preliminary questions of fact in determin- 3:144-147; I2:77-79
ing admissibility 40:392:430 Circumstantial evidence in workmen's com-
Presumptions, burden of proof, and the
pensation cases 36:79, 266-271
conflict of laws 43: I34-1137 Exemplary damages: evidence of defend-
Privileged communications: government ant's wealth 26:270
informants -extent of the privilege Findings of inquisition o
4I:92I dence of testamentary
Probative force of admissions 36:345 36:756

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EVIDENCE 377
References in heavy-faced type are to LE
CASES. The figure in front of the colon ref

Former evidence
acquittal on of negligence
issue ofI7:42I; 26:552;
lack
able cause 16:529 34:213
Whatjury
Functions of judge and evidence isin
admissible
thein deter-
eminent do-
main
mination of preliminary 35:76,
questions 86
of fact
43:165-191
General principle ofSimilar facts and occurrences
exclusion 35:433-434
Logic as test 3:144147; 14:39-43, In general: distinctions as to classes of
139-142 similar occurrences I7:349
Prior consistent statements made by an im- Admissibility of previous unrelated o
peached witness 39:259 to aid jury in fixing punishment
Prior convictions as showing general Agencycrimi-
in former similar crimes t
nal nature 35:434 agency in dispute 10:312
Relevancy and similarity in admission
Business usage: whetherof
admissibl
similar fact evidence 46:954-956 due care 14:156
Caution on previous
Remoteness care 12:568
In general 35:433-434 Crimes barred
As a principle of exclusion 12:77-79 prove intent 34:787
Commercial success of patent as proof of Crimes in pursuance of sam
novelty I3:62 of crime in issue 2:98; 7:309; 8:60;
Family traits as proof 9:432;of
11:189;defendant
12:507; I3:527
sanity 9:43 Crimes other than one in issue 20:151;
Repairs after accident as
26:656; proof
35:434-437
gence 8:177; 13:224 Crimes resulting from similar motives as
Repairs after injury as proof
proof of
of crime causation
in issue 2:98; 11:189;
and possibility of preventions 27:682
I2:507; 24:148, 154
Statutory presumptions and
Crimes due
similar process
to one of in-
in issue to prove
law 43: I00-04 tent rather than accident 8:6o; 9:432;
Testimony character as ofto
1I:189; 12:507; 13:527; a movin
35:434-437
picture 35:673 Custom as evidence of usage 19:622
Violation of rules of
Effectrailway company
of prosecutor's improper use of ad- a
evidence of negligence 17:421;
missible evidence of prior 26:552;
conviction
34:213 48:1020
What is admissible evidence of value in Exclusion of similar fact evidence: England
eminent domain 35:76 46:954-985
Experiments under conditions similar to
Matters likely to mislead jury disputed case 6:449; 7:309
In general 12:77-79 General course of values in vicinity
Admissibility of telephone
of value conversations
of land I5:74
20:650; 27:683;Habit
31:794, 8oo at regular in
of paying
Character as evidence of
proof of conduct
payment 24:3I2,I2:500,
323
568 Other criminal acts tending to prove the ac
Child in bastardy proceedings 14:545
charged 27:762
Court's discretion to exclude cumulative
Possession of goods o
evidence 18:381 31:656
Evidence of nature of a general
Previous strike inw
defective
prosecution for advocating overthrow
prove defect alleged 7:376 of
government 36:204 - to show defendant's knowledge 7
Evidence of trailing of accused Repetitionby blood-
of slander after suit; as ev
hounds 33:864 of malice I6:147
Exclusion of evidence Similarnaturally relevant
fires from defendant's locomo-
but tending to confuse tives: as proofjury
of fire in13:527
issue 13:519
Gastonia strikers' -as case
proof 44:1118-1124
of negligence 13:519
Illegally obtained evidence 23:568; Similar misrepresentations as proof of
II:55I; 13:302 tent to misrepresent 10:I30
Opinion on appeal from former trial Similar negligent acts to prove neglige
49:664 alleged I2:500
Prior identifications of accused by a witness
Testimony of defen
39:259 prior crimes to sho
Private rules to show standard of care tional discourse 46: I6o
28:633 Value of experiments as evid
Values of other land to prove value 15:74 35:438-439
Violation of municipal ordinance asCharacter
evi- of parties
dence of negligence 24:322 Action for false imprisonm
Violation of rules of railway company as
plaintiff's good reputation 9:359

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378 EVIDENCE
References in heavy-faced type are to LEADING A
CASES. The figure in front of the colon refers in each

Action for negligence: proof


Plea of guilty ofbyplaintiff
withdrawn leave of court
habitual carefulness 12:568 29:782
- proof of plaintiff's habitual carelessness
Requirement that they be voluntary
12:500 35:472
Testimony by prisoner before grand jury
Admissibility in crimes not involving moral
turpitude 37:269 15:308
Third degree
Civil suits: in suits involving 43:617-623
moral turpi-
tude 28:707 Trick in obtaining confession: eff
- whether missibilityof
evidence 8:281, character
287; 13:412
admissible 9:359; I2:500, 568;
Criminal Hearsay: in general character
prosecution:
proved by particular acts 37:269 Admissibility of declarations on questi
-general rule as to evidence of character of identification 27:487
7:309; 8:6o; 1I:i89; I3:527 -of market reports 39:885, 897
Criminal prosecution for adultery: char- -of report of psychopathic clinic 36:337
acter of alleged participant 28:324 - of statements made by an agent as evi
Divorce suit for adultery: character of de- dence against his principal
fendant 13:607 43:936-940
Higher penalty for -of voter's statement
second as to whom
crime: he
whether
proof of first admissible 12:215 voted for 12:216
Murder: vicious character of deceased on Answers to interrog
issue of self-defense I0:248; 25:472 Massachusetts i6:195-196
Proof of reputation of disorderly houses - in proceedings before admin
25:89 bunal 29:208, 226
of liquor nuisance 37:385 Applicability of hearsay
Prosecution for seduction: reputation
ingsofbefore workmen
prosecutrix for unchastity 11:416 commissions 36:79, 274-294
Rape: unchastity of prosecutrix as evidence - in showing existence of newly discover
of consent 13:224 evidence as ground for new trial 21:44
-whether specific acts-statements of unchastity of
showing character of po
prosecutrix admissible 13:224 session I6:2r6
Slander: evidence of good character of-statements showing notice 4:42
plaintiff in aggravation of damages - statements showing probable cause
29:460 14:230
-to conduct of third person 28:429
Confessions - to conduct used to identify time 39:107
Admissibility made under hypnotic influ- -to utterances used to identify time
ence 42:704 39:107, I24
-of involuntary confe
Attesting witness: declarations of deceas
defendant as witness 28:428 that testator was of unsound mind
-of statements made in the presence of 23:409
a party 43:289-293 Conduct as hearsay 35:430-431
- question for court or jury theories-need
Conflicting 13:60; 15:155 of legislative
Advice to tell truth not reform
an improper 50:918-922 in-
ducement 35:440 Contents of lost deed:
Confession of wife to ness who heard deed
adultery read 15:493
insufficient
to warrant decree of divorce 30:520 Declarations of wife admissible against
Corroboration: necessity for 19:469 husband as co-conspirator 29:332
- whether sufficient to support conviction Depositions 45: r8o
without further proof of corpus delicti Dispensing with rules of
29:222 missions established under Workmen's
Criminating statements elicited on cross- Compensation Acts 35:305; 39:508
examination 18:65 Evidence offered by interpreter of the op-
Duress rendering inadmissible 35:439 ponent's declaration 30:397
-threat to deliver to mob 14:623 Exceptions to general rule: general d
Improperly obtained confession used to im- sion I2:80-83
Exceptions to hearsay rule 40:714-717
peach credibility of testimony of accused
35:708 Expert opinion based partly upon hearsay
Inducements rendering inadmissible 46:1r70
9:431; 11:408; I2:354; I4:623; General discussion of hearsay rule
5 :308 12:79-83
Involuntary confession of one crime inad- Hearsay and non-hearsay 48:1138-1160
missible at trial for another 28:632 Hearsay testimony before the grand jury
Necessity for corroboration of extra-judi- 28:326
cial confession of murder 45:587 History of hearsay rule 17:437-458

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EVIDENCE 379
References in heavy-faced type are to LE
CASES. The figure in front of the colon ref

Judgments and Effect as againstinter


pleadings new defenda
ali
sible hearsay exception 35:440-441 lation at former trial waivin
Printed matter of recognized reliability to evidence 39:897
39:885 Former trial by court w
Prior identifications by a witness are not 17:420
hearsay 39:260 Judge's notes at former trial 49:1013
Private boundaries,Refusal
admissibility
to testify at new trial: of decla
admissibility
rations of predecessor
of former in title
testimony 40:649
38:1122
Probative value of hearsay
Use of answers toadmitted with
interrogatories at trial
out objection 48:850 i6:194-195
Proof of race of witness'Witness
parentsnow incompetent
25:564 39:897
Rationale of vicarious admissions
42:461-482 Hearsay: dying declarations
Relation between hearsay and preserved Admissibility: in civil suits 27:739, 762
memory 40:712-732 - question for court or jury 13:527
School teacher's testimony as
--when intended by to age
declarant of
to be in-
pupil 9:486 complete 48:511
Self-serving declaration
Conditions of admissib by decea
of note 10:I30 10:62; 14:465
Testimony through interpreter:
Impeachment by oralproofev o
dence of translation I5:859 statements 9:432, 472; 1o: 58
- reporter's record of translation Opinion I6:I43 in declaration: whether admissib
Utterances used to identify time distin- I4:545
guished from utterances used to aid the
Partially incompetent declaration: whether
memory of a witness 39:1o7 whole admissible 16:222
Vicarious admissions--a new exception Personal knowledge by deceas
42:461-482 stated 26:85
What facts can be excluded by the hearsay Prosecution for ab
rule 26:148-149 ceased woman 3:18I; 14:465
What is a hearsay- Massachusetts use of a andstatement
New York statutes
26:146-153 3:r81; 14:465
Where the judge is the trier of facts in an Ratification when expecting death, of pre-
action at law 42:260-261 vious written statement 15:75
Whether statements characterizing Religiousadverse
belief as affecting the credibility
possession are hearsay 29:224 of 24:484, 500
Subject matter of dec
Hearsay: testimony at former trial circumstances of homicide Io:62;
Admissibility after marriage of witness with I9:469
defendant 29:102 Hearsay: pedigree
Admissibility in evidence of a prior
Admissibility crimi-
of declarations of deceased
nal conviction in a subsequent civil
husband and wife suit
to rebut presumption
for divorce 4I:241-244 of legitimacy of child born in wedlock
-where state is a party to the civil suit 42:I079
41:242 Admissibility of post litem motam declara-
-where state is not a party to the civil
tions of deceased putative father for sub-
suit 41:241-244 sequent legitimation 48: I022
Admissibility of evidence
Age ofgiven at criminal
person: proof by reputation of
trial in subsequent civil action6:449
family 28:429
Change of testimony on new trial: admis-
Declarations to pro
sibility of former Exception
testimony 9:547
to "dead
-weight of former testimony 9:547 38:697
Conditions of admissibility:
Familygeneral
Bible: dis-
entry
cussion I3:687; I5:74, 75; I6:375 of family 10:525
--whether privity between parties neces- Foster-parents: whether de
sary 13:687 missible 15:235
- witness beyond jurisdict
Illegitimacy as question o
16:375; 23:310 tory changes 15:236
Constitutionality of doctrine as applied to Nature of rule I5:235, 236
criminal trials I5:74; 23:310 Reputation in family: as evidence of con
Criminal trial: former testimony offered bytemporaneous facts I3:69I
accused 15:74 -as proof of age of member 6:44
- former testimony offered by prosecution
Requisite connection with family 20:1
10:383 I5o; 28:107
Defendants tried jointly at second
Subject matter trial,
of declaration: date of but
not at first I7:I35 birth 10:525

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380 EVIDENCE
References in heavy-faced type are to LEADIN
CASES. The figure in front of the colon refers i

- statute making Report


bastard an heir
of psychopathic clinic 15:
36:33
-whether legitimate relationship
Reports only
of government physicians
15:236 46:1164
Witness' Hearsay:
statement as ancient
to his matters
own age
I9:302 Ancient documents as evidence of facts
stated therein 26:544, 552
Hearsay: matters of public or generalPresumption
in- in case of ancient docu
terest 10:525
Inquisitions of lunacy: whether within rule Recital in ancient deed not admissible to
I5:664; 36:756 prove relationship I9:I36
Matters of public interest: general discus- Traditional proof of ancient boun
sion of rule I3:56 29:783
Post litem motam: application to declara-
Hearsay: against interest
tions concerning boundaries 15:673
Admissibility: after absence for se
Private boundaries: admissibility of decla-
18:47I
rations as proof I3:56; I5:673; 26:372
- in a civil suit of a plea by defendant of
-requirement that declarant must have
guilty in a prior criminal trial 41:241
duty or interest to obtain accurate in- - of corroborated confession of crime
formation 26:372
37:I56
Private prescription: admissibility of decla-
- of testimony in prior suit as admission
rations as proof I3:56
Proceedings of statutory medical council of party then offering it 38:262
21:289 -to contradict record title I8:65
Admission of paternity of illegitimate child
Hearsay: public documents
Admissibility of income tax returns 28:299, 324
35:442 Admissions of co-devisee 39:272
Admissibility of judgment in evidence in Basis of rule as compared with that in re-
gard to admissions of predecessor in title
favor of a person not party to the judg-
23:397, 403
ment 40:909
Declarations againstin
Analyst's certificate penal interest
crimin
46: 162
as violation of right of conf
Declarations
37:269 both self-serving and disserv-
ing
Baptismal record as proof of
46:1162
37:770
Husband's adm
Census report admitted to show age of action for dower 14:156
accused 33:865 Offer to compromise in criminal c
Coroners' verdicts: whether admissible as Presumed fee in occupant as basis
judgments I5:664 est 36:481
Rationale of vicarious admissions
-whether admissible to show circum-
stances under which deceased met death 42:461-482
Remoteness of interest: effect on admissi-
32:83
bility 13:526
Decision of a lunacy inquisition 21:289; Voter's declaration for whom he voted
36:756
12:216
Decision of a statutory medical council as
Whether confession of crime is sufficient
to registry of a dentist 21:289
Grant of administration as evidence of 26:755
common-law marriage 33:850, 865 Hearsay: account books
Judgment: whether admissible in suit be- Entries from data of another party: sup-
tween defendant in prior suit and plementary testimony by latter 8:430
stranger 36:107 -whether testimony by latter necessary
-against principal: whether evidence to make available 29:863, 880
against surety I4:304 General charge for merchandise not sp
Judgment as evidence: against fying third
goods par- 9:222
ties: in general 15:319 History of shop-book ru
-in later proceedings 33:850, 865 8:224
-of conviction in prior criminal proceed- Ledger entries made daily from loose
ing 46:rr65-1166 sheets: admissibility 9:222
-of title between strangers to the judg- Order of English court in I894 ad
ment 15:319 shop books 8:224
Opinion in document: Regular entry admiss in course
Post-office records in England 28:107 cient guaranty of tru
Public duty a sufficient guaranty of trust- 35:442-44
worthiness 35:441-442 Use of account books to prove non-de-
Report of death filed with state livery of goods
bureau of 28:815
vital statistics 46:1164-rx65 Value of shop books as evidence 8:224

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EVIDENCE 381
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refe

Hearsay: regular course of


doing of busines
an act: th
Admissibility of entry made by
37:519 poli
cer not witnessing accident, based on Declarations of present intention: as proof
statements of third persons not in regu- of prior fact 38:719-731, 962
lar course of business 43:960 - as proof of subsequent fact 38:712-7
Admissibility of train dispatcher's sheet 961, 982
37:II39 --limitation to acts of the declarant
Admitting business records -legislation to 38:715-719
meet modern conditions 47:1044-1054 Declarations of present pain necessarily im-
- business entries rule 47:1045-1046 plying past suffering 18:148
- foundation for admission 47:1050-1052 Declarations of testator: to prove intent
- knowledge of entrant or maker revoke 38:960
47:1053 - to prove mental capacity 38:960
- matters provable 47:o048-o050 Expression of present pain made to a phy-
- records admissible 47:1047-1048 sician at an examination to qualify him
- shop book rule 47:1045 as a witness 28:814
-time of entry 47:1052-1053 Feelings toward husband:
Baptismal record as proof of date of birth
wife to third party 15:582
37:770 Forrier or subsequent statements of
Card from a physician's card-index system speaker's thoughts at the time of the
33:982 statements admissible to prove mental
Entries based on reports of unavailable condition 35:444
clerks allowed to supplement testimonyHillmon case: history of 38:709-712
of bookkeeper 29:863, 88o -need for legislative restatement of rule of
Entries made by person other than original 38:731-732
observer I8:52; 26:85 Intention: declarations as exception to
Memory 41:860-873 hearsay rule 7:117; 9:2I6; 11:63, 342,
Oral report of deceased foreman 9:288 551; 13:412; I5:3I9; 26:146-160
Oral statement of deceased physician to -whether declaration admissible only as
patient 19:301 part of the res gestae 7:117; II:63;
Personal knowledge of declarant: 15:319; 35:444 445 wh
necessary 7:121 Post litem motam: application to patient's
Public officer discharging declarations to physician 11:467 publ
coroner's verdict 15:664 Post-testamentary declarations of testator
Shop book rule 46:xI66-1167 35:447
Testimony through interpreter: interpreter
-in general 17:359
and reporter witnesses I6:143 - to prove contents of last will 38:962
Train dispatcher's sheet to prove speed
-toofprove contents of will 9:288; IO:525
train 25:89 - to prove execution of lost will 10:525
- to prove forgery of will 15: 49
Hearsay: intentions, feelings,
- to prove intent to revoke 27:761 or
dition
- to prove mental capacity 13:224
Admissibility of an uncommunicated -to prove revocation I1:63; I4:23I;
threat in homicide case 34:675 15:149
Admissibility of declarations of testatrix
- to prove undue influence 12:141;
to prove genuineness of will 44:990 38:963
Bodily condition: general discussion ofPrior inconsistent statements should be in-
declarations as evidence 11:467 admissible 37:517
- statement to physician as to past event
Self-serving declarations o
9:222 11:342
Cases distinguished: res gestae 7:117;
Statement to one not a physician 34:88
11:63; I5:3r9 Subsequent declaration by husband ex-
Declaration of present intention: as proof plaining separation in action by wife for
of existing fact 28:299, 324 alienation of affections 33:315
-as proof of prior fact 9:2i6; 16:I44;
Suicide threats 46: II6
35:445-446 Testimony of a party as to h
-as proof of subsequent fact 7:117; to prove doing of an act 37:77i
11:63, 342, 55I; 13:412; 15:319;
Whether statements characterizing adverse
16:144; 35:444 445 possession are hearsay 29:224
Declarations admissible to show present
state of mind when mental state is in issue
Hearsay: res gestae
35:443 Admissibility of declarations of agent in
Declarations as to past intention: admissi- corroboration 32:291
bility 13:224 Application of doctrine to statem
Declarations of mental state
testimonially to prov
I7:144

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382 EVIDENCE
References in heavy-faced type are to LEADI
CASES. The figure in front of the colon refers i

Cases distinguished: -facts complaint


forming basis of opinion by 10:312
pro
trix in rape case II:I99; I5:4IO - statement of facts as basis I0:312;
-declarations of intention 7:117; 11:63; 11:63; 14:545
I5:3I9 Non-expert testimony: when may opinion
Contemporaneousness of the declaration
be given 2:51; 10:312; 11:63; I4:545
and the act 31:801 Public documents: whether statements of
opinion admissible
Declarations of child incompetent toI4:465
testify
36:884 Self-defense: bystander's opinion
Declarations of mental fendant's
state danger from deceased
subsequently
made, not part of the Testimony
res gestae of failure 33:315 to discover al
Impeachment of spontaneous nonexistent person declaration
after diligent in
by inconsistent statements 42:956 as opinion 46:715
Nature of doctrine: whether limited to Use of motion-picture r
hearsay II:343; I3:149 cordance with witness'
Necessity for declaration to be contempo- 35:449
raneous with an event 35:447-448 Where the judge is the trier of facts in an
Prior identifications not generally admis- action at law 42:26o
sible as a part of res gestae 39:261
Proximity of time when declarant is un- Opinion: expert testimon
conscious 20:498 Admissibility of handwrit
Rape: complaint by prosecutrix
mony as to writer'stoo young
sanity 49:483
to testify I5:410 Admission of conclusions of handwriting
--whether particularsexpert of complaint 43:497 ad-
missible II:I99; 15:410 As to age of handwriting 13:691
Statements made in connection with act As to general course of land values in
irrelevant in itself i5:75 vicinity I5:74
Statements of a bystander 35:209 As to mentality 36:333
Surrounding circumstances as part of res Calculation of probability 28:693, 708
gestae 11:343; 13:I49 Deception tests 37: I38
Telephone conversations 27:683 Declarations to physician as basis of
Time within which declarations may be opinion I I:55
part of res gestae 3:186; 7:497; I4:230Defects in presen
Train dispatcher's sheet to prove speed of 15:50-58;
train 25:89 Early practice as to
Transaction with which declaration con- I5:40-42
nected inadmissible 15:410 Forensic ballistics 46:rr69
Violation of rules of railway company as
General opinion assuming evide
evidence of negligence 17:421; 26:552; I3:527
34:213 Learned treatises 26:642, 656
Opinion Necessity of introducing facts upon w
In general 12:83-85 a scientific opinion is based
Admissibility in evidence of a prior criminal 46:rr69-1170
Need of reform
conviction in a subsequent civil in suit
medical expert testimony
4I:241-244 o1:305; 36:334
On expectancy of life I7:359
Admissibility of non-expert opinion as to
age 30:519 Opinion based on assuming evidence tr
Character evidence: whether individual 13:527
opinion of witness admissible 11:416 Origin and development of present system
Cost of reproduction in proceeding to ascer- 15:40-50
tain " market value " 23:632, 641 Personal identification 32:870
Dying declaration: whether statements of Proposed reforms Io:305; 11:169
opinion admissible 14:545 I5:50-58; 36:335
Handwriting: comparison of lost disputed Psychopathic clinics 36:333
writings with genuine writings in courtReading books on mechanical tests as b
26:167, I78 I1:332
- testing lay witnesses by extraneous Reading
true medical books as basis II:332
and forged signatures 28:699,Rejection 708 of statements concerning hand-
- what writings admissible for comparison writing because no opinion formed as to
7:496; 12:282; 14:623 authorship 47:878
Hearsay and prohibition against proof of Scientific methods applied
opinion by circumstantial evidence 37:787
48:1155-1158 To prove incapacity to be
Market value 24:63 17:282
Whether
Non-expert opinion as to insanity: specific
general facts
discussion 10:312; x1:63; 14:545 basis 5:232-237

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EVIDENCE - EXECUTION 383
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; an
CASES. The figure in front of the colon refers in each instance to the volume.

Real evidence Prior statements to show confession in-


Bastardy proceedings: exhibition of childvoluntary 46:1157-1158
under two years 14:545 When prior consistent statement
Comparison of handwritings 34:788 39:258, 273
Moving picture film 35:673 Foreign law
Nature of real evidence 12:211; 13:692 Application of lex fori in absen
Personal appearance of party as proof of of law of jurisdiction governin
age I5:I56 23:64; 25:473; 29:o16; 39:380
Physical examination
Decision of inferior court in foreign juris-of
sonal injury suit 7:122; 12:507; diction as proof 16:452
13:224; 26:269 Presumption that certain princi
Power of court to compel physical examina- in all civilized countries 39:379, 398
tion of plaintiff or prosecutrix Presumption that the statutory lex loci is
35:685 same as the statutory law of the forum
Power of court to compel physical examina- 33:315
tion: of defendant in suit for nullifying Privileged communications: government
marriage II:478 informants- extent of privilege 46:343
-of witness 17:422 Proof of foreign law 46:1104-1106
View by jury in criminal trial:
Question for the courtwhether
20:575; 31:896
independent evidence 12:211 Scientific treatises 46:z170
View of land by jury: whether original
Supreme Court decisions on admis
evidence of value 13:692 of illegal evidence 46:805-806
Documents
EXCEPTIONS AND RESERVATIONS
See also Parol Evidence Rule.
See Deeds, Easements.
Authentication of letters not in sender's
handwriting 28:520 EXCISE
Bills of lading made conclusive evidence:
See Taxation.
constitutionality 16:141
Carbon copies as duplicate originals
EXCUSE
19:123; 30:764
Duplicate originals, what are: general dis- See Assault and Battery, Contracts, Cri
cussion 19:123 nal Law, Negligence, Torts.
Functions of judge and jury in interpr
tion of statutes EXECUTION
and other writings
46:1087-1093
See also Dedication, Exemptions, Mo
Judge's notes of toria,
former trial
Recording and 49:1
Registry Laws.
Parol evidence of contents of writings
Of written instruments, see Bills and N
lateral to issue I7:560
Bonds, Contracts, Deeds, Mortgages,
Rejection of memorandum
Wills. procured by
fraud 32:858 Accrued wages of public officers: liability
Resort to extrinsic toevidence
seizure 10:315 in const
of contracts, statutes
Apportionment and treaties of rece
48:549-591 ment creditor 27:761
Secondary evidence: Attaching after
creditor negligen
as innocent
original 29:223 execution sale 14:300
--notice to accused Bona to produce
fide purchase privileged
at execut
document 11:269; notice 29:211, before 223, 879
sheriff's deed
- when notice to produce Creditor's original excused
bill to reach contin
11:269in personalty 25:171, 197
-whether admissible to prove
Creditor buying at collateral
execution sale: w
writings 11:128; 25:693-696 purchaser for value 17:63, 498
Where the judge is the trier of factsDirector's
in an right to buy corporation's prop-
action at law 42:260 erty at execution sale 2I:5I, 56
Effect of execution on "equal judgment
Corroboration
liens" 29:755, 785
Admission by silence while under arrest ad- Effect of levy on inter
missible to corroborate other witness grantor 16:375
Effect of mortgagee
34:205, 210
Confessions: necessity for 19:469 chattels 47:1436
Declarations of agent 32:291 Equitable execution: by
Degree of corroboration required 34:667, terest of cestui in sp
675 created by himself 23:649
Necessity for corroboration of extra- - on interest of constructive cestui in New
judicial confession of murder 45:587 York 50:983

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384 EXECUTION -EXECUTORS AND ADMINISTRATORS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

- on patent rights temporarily producing Effect of decree of probate court in


no income 23:I50 state realty 32:79
- on trust estate for torts Effect of of probate
trustee and a
14:67
Execution of judgments against the32:318-32 prop-
erty of foreign states 44:963-967 Executor de son tort 32:315-317
Inadequacy of consideration as ground for Federal jurisdiction in matters relat
vacating sale 17:424 probate and administration 43:462
Income of spendthrift trust: Nature constitution-
of rights of executor or admin
ality of statute making tor 18:224;
liable 39:810-816
to execu-
tion 25:85 Probate procedure without an a
Levy on portion tor in Germany
of 21:489-491
roadbe
17:424 Revocation of probate and administrat
Property and obligations of singly and 32:322-329
multiply incorporated associations Rights of administrator outside jurisdict
42:542-547 of appointment I5:412; 33:20-21;
Property bought destroyed before deed is 39:808-816
given 13:223 System of British civil-law jurisdictions
Remedy of bona fide purchaser 50:1267 of
to which judgment Whether executor isdebtor
a trustee 39:369-370 has n
action against Whether executor taxable as legatee credito
judgment or for
Replevin of goods professional
sold services
to 37:393 corpor
colorably organized 23:48I
Right of way of railroad sold for non- Appointment and tenure
payment of taxes IO:382 Administration of intangibles elsewh
than
Sheriff's possession of articles at domicil 48:937-944
secretly
placed in receptacle after executionAncillary administrator 15:412
21:64, 223Collateral attack on jurisdiction of prob
Sheriff's right to satisfy claim court based on allegation that executo
against
judgment creditor II: 269 appointed by court was not legally com
Subordination to local execution petent of rights 22:442, 459
of foreign " statutory successor Collateral
" ofattack
dis- on sale of land by ad-
solved corporation 48:840-843 ministrator appointed pending applica-
tion for probate 50:367
Validity of bond of indemnity for not levy-
ing execution 15:231 Effect of appointing debtor as exe
Void injunction as insufficient cause 23:39I, 403;
for 26:445, 455
failure to serve execution 49:147 Effect of appointing donee of imperfect gift
as executor 22:60; 23:483; 26:445
EXECUTORS AND ADMINISTRATORS Effect of change of a bank from a state
Nature organization to a national bank 41:665
Appointment and tenure Effect of revocation of administration on
Assets title of bona fide purchaser of assets
Collection of estate 23:148; 28:208
Management of estate Grant of administration: collateral attack
Claims 10:62
Distribution Jurisdiction to appoint; supposed decedent
Proceedings by not in fact dead o0:62; II:264
Proceedings against Non-domiciliary probate and conflict
Accounting and settlement claims of domicil 50: I83-1184
Administration bonds Renunciation by lapse of time 38:840
Situs of choses in action for purposes of
See also Abatement and Revival, Conflict
of Laws, Constitutional Law (Inherit-granting administration 39:801-802
ance), Descent and Distribution, Elec- - bonds and promissory notes
tion, Inheritance Taxes, Legacies and 39:802-805
Devises, Powers, Suretyship, Taxation, - insurance policies 39:807-808
Trusts, Wills. -judgment debts 20:326
- property in transit 39:809
Nature - stock in corporations 25:719, 739;
Administration of the estate of an absentee 39:805-807
43:485-589 Termination of authority of administrator
Administration of the estate of living per- durante absentia, by death of principal
son: constitutionality of statute provid- administrator 2 I: 47
ing for 10:572; I9:535; 22:522
Conflict between equity and probate Assets juris-
diction over fraud, undue influence, Appointed
and property as assets 14:303;
mistake in wills 4I:309-339 I6:376

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EXECUTORS AND ADMINISTRATORS 385
Refere nces in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to R
CASES. The figure in front of the colon refers in each instance to the volume.

Choses in action as assets to support ap-avoidance of succession tax 21:435,


pointment ii:97-102; 20:326; 25:719, 450
739; 27:114-116; 31:908-909 Power to sell is not power to mortgage
Debt owed deceased by executor as assets 19:64
of the estate 23:391, 403 Powers before issue of letters 20:417;
Indebtedness of heir to estate as prior lien 32:318-322
on his share of the realty 28:Io8 - relation back 32:319-322
Nature of administrator's right to chosesRescission
in of decedent's contr
action 42:601 on devised land 12:354
Right of executor Securityof deceased
required wi
of administrat
cover arrears of alimony 29:100 ment of unmatured debt of decedent
25:390
Collection of estate Set-off: claim against legatee barred by
Administrator de bonis non: to what en- Statute of Limitations 37:386
titled 6:205 - of personalty against heir's share of th
Assignment to realty executor 37:386 as bre
nant not to assign 21:60 Claims
Estate by implication in realty 26:382
Claim for imperfect gift by donee named
Funds held in trust by deceased 20: I5I
as executor 22:60; 23:483; 26:445
Nature of title: in general 6:205; Insolvent estates with assets in more than
9:42-48; I6:588; 39:810-816
one state 50:1184-z185
- personalty appointed under general Liability of estate after distribution on
power I6:376
national bank stock owned by infant
- under appointment by will 20:501
48:678
Power of domiciliary administrator over
Presentment of contingent claims against
foreign assets 39:808-814 estate 33:538-541
Power of foreign administrator to transfer
assets 42:600
Recovery from estate
misbehaving executor 23:228
Public administrator:
Right of administrator to rights
waive bar of a
found at sea I5:489 Statute of Limitations as to mother's
Right of assignee of foreign administrator
claim against estate 48:337
to recover debt 39:814-816
Right of devisee to rents and profits fr
Statute of limitations: right of executor to
realty ordered sold to satisfy testato
plead to his personal debt to the estate
debts 48:130
26:269
Right of foreign co
Suit by assignee of foreign domiciliary ad- in the state to claim as absent creditor
ministrator 48:921-924
44:649
Suit by foreign domiciliary administrator
Right of holder of contingent claim to have
48:915-921assets set aside I8:66
Voluntary payment to foreign ancillary ad-
Right of retainer: exer
ministrator 37:264; 42:597-609
When executor's title vests to assets of of non-claim 15:86I
--exercised by administrator o
estate 23: 48
trator 6:205
- exercise of, aga
Management of estate
Apportionment of annuity19:136
betw
and income 24:309, 328 - present scope
--whether
Apportionment of estate income between admin
life tenant and remainderman under a duty to exercise it 19:538
residuary trust 37:250 Right of secured creditor after realizing
his security to receive dividend on hi
Assignment to residuary legatee of right to
whole claim from insolvent estate
enforce estate's claim to contribution
33:316 21:280, 290
Rights of foreign creditors to present claims
Continuance of partnership by executor of
deceased partner 13:412 39:826-828
Widow's allowance
Distribution: right of set-off against lega- at the place of ancillary
tees or heirs 37:386 administration 39:828
Distribution
Effect of contract by testator that arbitra-
tion award shall be binding on of
Disposal executor
surplus 36:608, 617
22:6I Exoneration of specific property from in-
Funds held by deceased as trustee 20:15I
cumbrances existing at the death of the
Legacies subordinated to debts 15:323testator or ancestor 40:630-634
Mortgage sale by foreign administrator
-statutory changes 40:633-634
9:158 Husband and wife as statutory heirs
Power of executor to apply the assets in 42:330-364

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386 EXECUTORS AND ADMINISTRATORS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTEs; and in


CASES. The figure in front of the colon refers in each instance to the volume.

Interest on legacy in lieu of dower:


Suitwhen
against husband by administrator
payable 8:289 under wrongful death statute where wife
Payment by parent is sole of heir's
beneficiary 48:849 debt
Right to set off:Suits against
by foreign beneficiar
administrators
due from another estate of which bene- 50: i85-1r87
ficiary is residuary legatee 22:143, 452 Waiver of defenses: right of appeal lost by
- against legatees or heirs 9:157; I4:73; delay 5:149
16:308, 376 -Statute of Limitations 2:337; 11:129;
Rights of residuary life tenant and remain- 15:414; 22:452
derman to income earned on assets used Proceedings against
to pay estate liabilities 46:863 Action against ancillary administrator by
nonresident on contract made and
Set off: against beneficiary of a spendthrift
trust 43:71 broken within the state 45:1260
- against legatee Action on or heirs
foreign judgment againstin
foreigng
- claim against representative
legatee 39:822-826
barred
of Frauds 14:73 Actions against foreign executors an
-claim against legatee ministrators
barred 39:818-822
by Statu
of Limitations 14:73; 16:308, 376 - against foreign administrators
-of debt of original legatee against the 50:1185-1186
heir substituted by statute to prevent-against foreign domiciliary adminis-
a lapse 21:291 trator 48:925-928
Situs of bank account -against foreignforexecutors 29:442
purposes
utory escheat 47:872 -against foreign representative arising in
course of administration 39:819
Proceedings by Bill against executor upon obligation to ac-
Allowance for counsel fees incurred in de- count not a bill for account 2:266
fense of bequests 30:290 Co-executors: knowledge of one imputed
in defending suit for specific perform- others 10:445
ance of alleged contract to make Creditors'
a will bills: ba
37:499 4:99-1
Application of statute barring action for Effect of judgment
void administrator's sale, to holder of in another state 39:826
reversion in property 21:543 Executor where legatee under di
Defense of payment to foreign administra- not trustee for purposes of S
tor who held negotiable instrument rep- Limitations 19:383
resenting the debt 39:804 Garnishment: whether assets in executor's
Executor's right to reimbursement by hands
insur- liable I1:269
ance company for estate taxesJoinder paid on of executor of deceased joint
proceeds of policies payable in install- obligor and survivor I6:454
ments 50: 34 Judgment against one not evidence in
Extraterritorial against anotherfor
action in a different
death state
ful act 23:64, 554, 564; 31:1161, 1164 23:565
Recovery of legacy paid under mistake of Liability for default of co-fiduciaries
fact 17:422 18:I48; 34:503-504
Recovery of money transferre
Liability to unpaid vendor of land to w
under contract 20:336 land itself has been devised
Right lost by laches I8:542 23:407
Right of administrator to contest probate
Plea of want of assets: theory of defense
on ground that will is a forgery 4o:1024 4:106-113
Right of foreign representativePleadings
to sue inonan action against executor de
claims acquired in course of administra-
son tort 32:316
tion 39:816-817 Privity between ad
Right of indemnity: payment
jurisdictions of calls on
48:929-933
legatee's stock 4: 88 Remedies of creditors and legate
Right to appeal from decision cal surveyin favor
4:99-118; of
5:101-138
legatee I8:394 Set-off against legatee 35:340
Right to recover Substituted
excess servicepayment
on executor of nonresi- from
itor when estate turns out to be insolvent
dent motorist 49:145
Suit by assignee of part of a
23:403
Right to recover for death when relatives 39:368
have a cause of action 20:416 Suit on contingent claim on bond against
Right to recover from overpaid benefici- executor after time allowed by statute
aries and creditors 32:329-348 33:571
Right to reimbursement forValidity expenses of service upon executor
of personal
unsuccessful contest 23:568 in a foreign state 33:18-19

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EXECUTORS AND ADMINISTRATORS --EXTENSION OF TIME 387
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Accounting and settlement Counterclaim in action brought to rec


Acquisitions from legatee: accountability property exempt from execution 25:
for to estate 25:664 Debtor's right to replevy exempt g
Commissions of executor who was also when attached 12:510
trustee 30:189
Effect of exemption on judgm
Determining status of executor-t 29:225
49: I6-122 Effect of fraudulent removal by debtor of
Discharge by court: how far protection part of his property 21:219
against later suits 7:32-43 Effect on specific performance
Disposition of surplus in hands of ancillary 31:275-278
administrator 50: z187 Exemption of partnership property fr
Executor's accounts 33:491 attachment for individual debt 13:6
Foreign domiciliary administrator's
Federal homestead:
dis- exemption from
charge of decedent's debtor 48:933-937
bility for debts contracted prior to pat
Liability for profits derived by virtue of 32:721, 730
the position 35:767; 36:I03I Forfeiture for fraudulent concealment of
Liability of legatee for costs of shipping
assets by bankrupt 44:290
property specifically bequeathed 36:630 of future exempt goods 24
Mortgage
Measure of damages for retentionProperty
of non- bought with pension money
legal securities 49:100oo2 exempt I5:860
Payment out of the assets in one state of of bankrupt
Right
administration expenses and counsel
itor fees holding assign
incurred in another 41:922 44:463
State
Right of executor to compensation as attor- decisions on
ney for client 49:337 binding on fed
Validity
What constitutes final allotment of exem
to perma-
nent trust 48:347 debtor became bankrupt 29:548
Whether balance left Waiver out of inancillary
of exemptions favor of particular ad
ministration will be creditors
sent to the 37:905 principa
administration 39:829-830
EXONERATION
See also Suretyship, Trusts.
Administration bonds
Exoneration as anticipatory indemnity o
Determining status of executor-trustee contribution 47:976
49: I6-120
Liability of foreign administrator EXPECTANCY
24:664, 674 See Bankruptcy, Choses in Action, Descen
Proceedings against surety for administra-
and Distribution, Future Interests, Gifts
Trusts.
tor for waste of corporate assets depreci-
ating stock belonging to estate 42:705
Surety's liability: limitation of action EXPERTS
11:271 See Evidence (Opinion: expert testimony
- executrix in good faith uses as assets of
estate property fraudulently obtained byEXPLOSIVES
testator 22:451 See also Blasting, Dangerous Premises, N
-for use of fundsligence, of Nuisance,
third party as
Torts.
of decedent 49:657 Delegation of duty to guard explosives
- personal debts of insolvent administrator
16:528
I8:394 Doctrine of attractive nuisance as relat
--personal debts of insolvent executor to explosives 33:666
13:529; 23:39r, 403 Keeping of explosives as nuisance
-to assignee of administrator 29:333 Liability of handler of explosives fo
Surety's right to purchase property of estate independent contractor 28:100
I9:537 Liability of keeper of explosives for dam-
EXECUTORY DEVISES ages therefrom 13:31o, 6oo; I6:I47
See Future Interests, Rule against Perpetui-
ties, Trusts, Wills. EX POST FACTO LAWS
See Constitutional Law (Legislative pow-
EXEMPLARY DAMAGES ers: ex post facto and retroactive laws).
See Damages. EXPRESS COMPANIES
EXEMPTIONS See Carriers, Interstate Commerce, Rail-
roads.
See also Bankruptcy, Fraudulent Convey-
ances, Garnishment, Homestead, Hus-
EXTENSION OF TIME
band and Wife, Statutes, Taxation.
See Appeal and Error, Bills and Notes, Con-

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388 EXTENSION OF TIME -FALSE IMPRISONMENT
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

tracts, Mortgages, Procedure, Sales, Crime for which not extradited: extradited
Suretyship. person's liability therefor 7:52; o1:6I
Defense of Statute of Limitations i8:228
EXTORTION Effect of surrender by asylum state of one
Requisites of attempt to extort
7:435; convicted of crime upon right to re-
8:420 extradite 42:277
EXTRADITION Extradition of a fugiti
See also Process. within statute provid
of fugitives from te
In general Federal control: subjection of states
Extradition as mitigating consequences ofthereto, as to extradition 8:4i6
doctrine against extrastate enforcementFugitives: prisoner brought from requisi-
of penal claims 46:200-201 tioning state by extradition proceedings
31:493, 656
International -sufficiency of proof that persons are
Accused's right to contest asylum state's such I3:14I
consent to re-extradition 48:Io23 Interstate crime and interstate extradition:
Acts constituting different crimes in thegeneral discussion I2:532-544
two countries 15:674 Liability of the surrendered person to
Annexation of locus delicti actionby indemanding
the demanding state 35:7
state I6:376 Operation of Federal "Fleeing Felon "
Bail: power of court to admi
48:494-495
ing hearing 42:276 Power to try for different crime 6:320
Conviction under indictment not included Presence in demanding state in preparation
within treaty but included in requisitionfor crime and appearance for trial as
38:983 making accused a fugitive 50:1318
Crime not within treaty: liability of ex- Proof of alibi as ground for resisting extra-
tradited person therefor 8:360 dition 17:427
Criminality of act: by which country's Prooflaw of insanity
determined 9:423; II:55o extradition 28:430
Desertion: whether an extraditable offense Rendition of a criminal who has left the
I5:657 state after dismissal of former indictment
Exemption of a defendant surrendered for same offense 21:541
through comity from answering forRights a of the accused in interstate r
different offense 35:618 of fugitives 41:74-78
Extradition for one offense and State's power to surrender a cr
imprison-
ment for another 20:7I, 651; 38:983 a fugitive from justice 21:224
Foreign territory: what is such for pur- Whether governor's duty to surrender fugi-
poses of extradition I6:213 tive from justice is absolute 23:403
Habeas corpus: questions raised by I8:543
FACTORS
Immunity of nationals of requested countryAND FACTORS' ACTS
49:Io03 See also Agency, Sales.
Offenses of a political character 24:386,
Advances by factor to principal: rights o
402 bankruptcy of principal 7:307
Piracy: when an extraditable offense"Agent for purpose of sale " in Massachu-
38:353-354 setts statute: construction 9:275
Poison administered in New York and Factor's liability for sale authorized by
party dying in Canada II:550 apparent owner 27: IOO
Retroactive extradition treaty 22:144 Factor with authority limited to r
selling at wholesale 14:68
Rights of a defendant extradited through a
mistake in identity 35:618 Fraudulent attempt to sell in excess
Treaties: possibility of extraditionthority:
from effect on title 15:322; 1
United States in absence thereof "Hire and Purchase" agreement: s
14:607
"hirer" 8:509
Voluntary giving up as an act of state
38:983 Lien of factor: wh
Interstate suing as owner 13:225
Arrest before requisition 31:650 Order on bailee obtained by tric
Civil process: liability of extradited personinnocent purchaser 8:423
thereto in demanding state 7:239 Power of automobile dealer to bind owner
Constitutionality of state statute allowing by mortgage 45:375
examination of motives behind requisi-
tion 48:688 FALSE IMPRISONMENT
"Constructive" flight
See also Corporations (Liabilityfr
for t
Convict who Arrest without warrant where crime
obtained paro
fugitive from justice 40:902 charged not committed 27:487

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FALSE IMPRISONMENT -FEDERAL COURTS 389
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to R
CASES. The figure in front of the colon refers in each instance to the volume.

Civil liability of mine owner for refusal Kentucky


to v. Dennison 37:1150
bring employees up from mine 27:488 Lady Ivie's Trial for Great Part of Sha
Legal and social aspects of arrest without well 43:983-984
a warrant 49:566-592 MacPherson v. Buick Motor Co. 40:886
Liability of chief of police Marbury v. Madison
for false im- 37:1149
prisonment by city jailer 43:327 Maybrick Trial: review of evidence
Liability of judicial officers acting without 13:490-515
jurisdiction 19:2 6 M'Culloch v. Maryland 32:903; 37:11
Liability of militiaman obeying
Mutual Life Insurance Co. v.officer's
Hillmon
orders 24:656, 678 38:709
Liability of officer for detention
Northern while
Securities Case 15:858;he
investigates law 48: I3 i6:539-554, 583; I7:41-44, 88-89,
Liability to guardian of lunatic: lunatic a 474-478, 533-542
151-155,
willing prisoner 24:502 Norwood v. Baker I4:1-19, 98-115
Osborn v. Bank of United States
FALSE PRETENSES i:223-225
See also Bankruptcy, Embezzlement,
PeachyExtor-
v. The Duke of Somerset 29:II7,
tion, Fraud, Larceny. 132-134
Bad check laws 44:45I-456 Pennoyer v. Neff 32:871-872,876
Collection of honest debts as defense Pennsylvania Ripper Cases I5:468-477
24:403 Peonage Cases I7:121
Distinction between false pretenses and lar-
Pollock v. Farmers' Loan & Trust Co.
ceny by trick 26:375 9:198-211
Eating food at restaurant without
Price v.money
Neal 32:562
to pay for it 11:478 Review of the Sacco-Vanzetti Case
Illegal purpose of one deceived as defense 47:538-547
5:352 Sacco-Vanzetti Case 45:1274-1276
Negligence of one deceived as defense Sheffield Corporation v. Barclay
I3:305 17:373-386,543-548
Obtaining possession of own property Southcott v. Bennett, unpublished report of
45:382 I3:43-47
Place of " obtaining " goods when same are
Standard Oil and Tobacco Cases 25:31-58
shipped by carrier 17:573 Starkey v. Bank of England 16:311;
Promise made with intent not to keep as a I7:373-386, 543-548
misrepresentation of fact 34:557 Swift v. Tyson 37:85
Swift v. Tyson and Gelpcke
FAMOUS CASES compared 8:328-351
Ableman v. Booth 37:1150 Taff Vale Railroad Case 15:310
Ackroyd v. Smithson 19:1-29 Tilden v. Green 5:389-402
Anarchists' Case i:307-326 Trevett v. Weeden 40:65
Bonham's Case 40:30-70 Trial of Jeanne d'Arc 45:1449-145I
Bram Trial I1:408 United States v. Abrams 33:442, 474,
Brown v. Maryland 32:906 747-774; 35:9
Church v. Hubbard 40:4 Walrath v. Champion Mining Co.
Dartmouth College Case 6:161-183, I6:94-109
213-222; 40:89I Watuppa Pond Cases 2:195-211
Davies v. Mann 3:263-277 Young v. Grote 31:781; 32:80
Dearie v. Hall 32:431 Zola Trial 1:539
Derry v. Peek 31:784
Dred Scott Case 37:1149 FEDERAL COURTS
Dreyfus Case 13:214 Jurisdiction: in general
Firearms identification testimony in controversies
Powers: justiciable Sacco-
Vanzetti Case 48:1454-1455 Powers: unconstitutional statutes
Gee v. Pritchard 29:642-644 Powers: injunctions against state officers
Gelpcke v. Dubuque 3:150-157; Suits between states
4:311-320; 5:172-201; 8:328-351
Suits against a state
Giddings v. Browne 40:62 Suits to which a state is party
Giles v. Harris 17:130 Government corporations
Haddock v. Haddock 39:417-430 Suits to which United States is party
Hamlyn & Co. v. Talisker Distillery Suits involving ambassadors and consuls
9:371-385 Suits involving federal question
Hawaii v. Mankichi I7:386-399 Diversity of citizenship
Holroyd v. Marshall 40:223-229 Diversity of citizenship: corporations
Insular Cases 15:164-168, 169-190,Ancillary
220, jurisdiction
281-301, 396 Removal jurisdiction

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390 FEDERAL COURTS
References in heavy-faced type are to LEADING ARTICLE
CASES. The figure in front of the colon refers in each instan

Questions of state law ganized corporation by non-filing cred-


Authority of state law itor 36:r007
Amount in controversy Enjoining Senate
Powers of federal judges
legally acquired information 50:354
Procedure Exclusiveness of federal jurisdiction in fed-
Venue eral military reservation 50:688
Review by circuit courts of appeals Extradition (international): power to ad-
Review by Supreme Court mit to bail pending hearing 42:276
Review of state court decisions Extraordinary powers of federal courts as
Particular courts summarized in legislation 37:1082-1089
See also Admiralty, Bankruptcy, Constitu-Federal and state court interference
tional Law, Courts, Equity, Evidence, 43:345-378
Federal Equity Rules, Habeas Corpus,Federal jurisdiction in matters relating to
Impeachment, Judges, Maritime Liens, probate and administration 43:462-467
Procedure. Federal legislative courts 43:894-924
Federal receiverships in Massachusetts,
Jurisdiction: in general 1929-1932 47:828-840
Abolition of circuit courts 39:350-357, General scope of the bankr
366 in the work of the federal courts
Abuse of friendly receiverships 47:24-31 43:1191-1192
Act of I8oi and its repeal 38:1025-1034 Habeas corpus - exhaustion of state reme-
Act of i875, its history and expansive effect dies 48:1024
39:44-48 History of Judi
Affirmative control of railroad reorganiza- - from Circuit C
tion by federal courts of equity 36:o007 Judicial Code 39:325-367
Allowance of creditor's bill against absent - from Civil War to Circuit Courts o
debtor under Judicial Code ? 57 44:649 peals Act 39:35-81
Application of Norris-La Guardia Act to - up to Civil War 38:1005-1059
proceedings under Bankruptcy Act, ? 77B Increase in regulatory legislation
49:341 39:326-329
Appointment of receiver of municipal cor- Increased burdens of federal judiciary
poration 50:949 46:641
Arbitration clause inInferior
contract, effect
federal courts: a summary of con- of fed
eral arbitration statute 41:664 gressional legislation dealing with
Attitude of Supreme Court toward friendly 37:1059-1100
receiverships 47:291-293 -their creation by Congress 37:1016
Comity in the federal courts 28:589-603
Influences determining extent of federal
Concurrent jurisdiction in criminal cases
jurisdiction in 1789 38:1011-1016
8:59 Insufficiency in action at law of amount in
Constitutionality of Norris-La Guardia Act
controversy as ground for equitable ju-
50: I29-1I296 risdiction 49:950-951
Construction of ?? 24, 28, and 51 of Judi-
Judicial power of inferior feder
cial Code 36:472-474 37:1016-1023
Controversy ancillary to Judicial case of power
whichto set aside order
court has jurisdiction 40:318 state Commerce Commission
Crime committed on United States military 4I:38I-384
reservation in Puerto Rico 49:334 Jurisdiction of federal court to issue habeas
Discretion to decline jurisdiction of suit by corpus for prisoner convicted in mob-
American subrogee of alien principal dominated state trial 37:247
against alien 47:535 Jurisdiction of federal court to issue habeas
corpus to another
Discretion whether to entertain action federal
by court after
nonresident against foreign carrier
commitment under alleged unconstitu-
46:521 tional statute 28:431
Effect of adequate legal Jurisdiction
remedy in state
of Puerto Rico court over
courts on federal equity jurisdiction
crime committed on United States mili-
49:950-956 tary reservation 49:334
Effect of Civil War on extension 39:40 Jurisdiction over crime committe
Effect of political and economic forces railroad right of way within mi
38:546, 551, 573, 587; 39:35, 70 reservation 43:659
Effect upon prior proceedings under Bank- Jurisdiction under Bankrup
ruptcy Act, ? 77B, of decision denying 49:II28-1r46
jurisdiction 49: ixx8 - before approval of petition
Efforts to reform circuit court system estab- 49: 128-rr30
lished by Act of 1789 38:1018-1059 --exclusive jurisdiction of debtor
Enjoining execution on property of reor- 49:1142-1143

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FEDERAL COURTS 39I
References in heavy-faced type are to LEADING ARTICL
CASES. The figure in front of the colon refers in each insta

rectlyof
-extraterritorial service affected by state statute
process
49:1143-1145 21:438, 444
Appeal to federal court by party not in-
- over property of debtor 49:1130-1137
--summary or plenary action jured by state statute I4:529
49:I145-I146 Appeal to Supreme Court from state co
declaratory judgment 46:850;
-turn-over orders and injunctive powers
49: 137-1I42 47:285-286
Application
Labor injunctions -text of Shipstead Bill to federal court of state d
42:795-799 claratory judgment act 40:903
Basis of Supreme Court's jurisdiction to
Labor injunctions and federal legislation
42:766-794 review decisions of federal legislative
Lack of findings of fact, vaguenesscourts
and 46:677-687
Declaratory
comprehensiveness as jurisdictional de- judgments 4I 234;
fects in consent decree 46:890-891 45:7I7-723, 1089-1096; 48:697;
Legislative and constitutional courts-- 49:135I-I36I; 50:1057-1058
status of Court of Claims and courts of --relief in the Supreme Court
District of Columbia 47:133 45:Io89-Io96
Limitations upon the legislative regulation Injunction in constitutional litigation
of the exercise of judicial power 43:447-453
37:1020 Limitations upon the assumption and ex-
Loss of jurisdiction when once it has at- ercise of federal judicial authority
tached 15:320 49:90-107
Loss of right toPolitical limit questions
liability37:338-364; in f
court by failure to assert 38:296-333;
it in 39:221-244
state
46:1022Power to declare unconstitutional imp
Mandatory injunction tion levied for to evict
regulation, nottena
revenu
adequacy of legal remedy 41:924 21:455
Matters relating to probate of will gen- Proceeding to punish witnesses who r
erally left to state probate courts to testify before administrative trib
23:225 39:700-708
Nature of " inherent" judicial power Recitals in consent decree as precludin
37:1022-1023 istence of case or controversy
Necessity for planned participation by, in 46:889
New Deal 47:913-947 Requirement of actual case or controversy
Norris-La Guardia Act 50:195-196 40:903
-cases involving or growing out of a Right of preferred stockholder to enjoin
labor dispute 50:1295-1303 contract with allegedly unconstitutional
TVA
Over crimes committed by federal officers 49:Io04
46:104-107 Right to determi
Places ceded to United States by states: enforcement of statute 12:421
jurisdiction over same 6:264 Suit by insurer to declare policy lapsed-
Power of federal courts to punish forscope com-of federal declaratory judgment
mon-law crimes 37:73 50:I317
Power of inferior federal courts Taxpayers'
to standing
punishto challenge conduct
for contempt 37:1010-1058 of federal officers 50:1279-1284
Presumption of jurisdiction 40:135 Use of the federal injunction in constitu-
Reform in bankruptcy administration tional litigation 43:426-457
43:1189-1216 What constitutes a case or controve
Scope of jurisdiction as formulated down within the meaning of Article III of
to I802 38:546-569 United States Constitution 4I:232-236
Scope of jurisdiction- between to enter statesconsent
37:893, 912 de-
cree 46:888-891 - declaratory judgments 41:234
State cannot prevent - effect of doctrine of
resort of separation
foreign of pow
porations to federal courts 38:369 ers 41:235-236
State or federal control over receiverships -effort by petit
48:1400-1407 proceeding to ob
States cannot alter jurisdiction of federal zenship 48:1429
courts 35:602 What constitutes a con
Statutory restriction ute granting on jurisdict
the u
junction 43:443-446 troversy 21:446
Text of Shipstead Bill limiting equity ju-
risdiction in labor cases 42:795-799 Powers: unconstitutional statutes
Authority of single judge to dismiss for lack
Powers: justiciable controversies of jurisdiction under Judicial Code ? 266
Appeal to federal court by official not di- 47:707

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392 FEDERAL COURTS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Case for three judges- administration of Doctrine of comity 43:359-372


Judicial Code ? 266 47:795-826 Effect of the doctrine of constructive po
-jurisdiction to grant injunctions againstsession upon the enforcement by a stat
state officers 47:798-799 of right against property of which a fed
Decision of federal constitutional questions
eral receiver has lost control 21:433, 44
in preference to unsettled question
Enjoining of
proceedings in state courts
state statutory construction 50:993 26:270; 36:461; 37:387
Dismissal by single judge of bill for injunc- -under state executions violating federal
tion issuable only by three-judge court law 35:472
43:32I Existence of st
Enjoining action of state officials alleged dation as grou
to violate both state and federal law ceivership 48:1401-1403
47:288-289 Federal and state court interference
Enjoining collection of federal taxes 43:345-378
50:233-235 Federal injunctions against proceedings in
Enjoining enforcement of municipal ordi-state courts 17:573; 43:347-348
nance 22:612; 24:674 - in state and federal courts 37:778
Enjoining enforcement of state
Injunctions tax
against statelaws-
court proceedings
insistence upon inadequacy of legal
under Bankruptcy rem-
Act, ? 77B
edy 46:257-260 49: 137-1140
Enjoining state officer Johnson Actfrom - defining a illegal a
"plain, speedy
31:307 and efficient " remedy in the state cour
- enjoining state public service commission 50:813-821
from enforcing statute 28:709 Jurisdiction of state and federal courts in
-injunction against enforcement of state actions against the bankrupt and his
administrative order before application property 42:119-123
for administrative rehearing 44:650 Jurisdiction of state cour
-temporary injunction against enforce- son held by state offic
ment of railroad rates fixed by state com- authority 40:320
mission before judicial sanction 23:48I Jurisdiction to grant
Federal courts and state regulation of pub- commitment by state
lic utilities 43:379-425 under a federal court order II:I90;
- enjoining state commission from enforc- 21:204, 220
ing railroad rates 22:368, 382, 536 Mortgage foreclosure after property is
Injunctions against public officers - neces- hands of state court receiver 49:338
sity of threats to enforce 50:658-66i Power of court of bankruptcy to retain pos-
Injunctions against unconstitutional action session of bankrupt's property 22:382
50:231-248 Probate of will in state court attacked in
Jurisdiction of lower federal courts to en- federal court 16:140
join action of state officials unauthorized Receiver appointed by sta
by state law in absence of diversity of possession of realty attac
citizenship 40:969-988 court 19:210, 377
Propriety of three judges sitting Retention
when only by state
one is necessary 48:132 bankrupt after petit
Sovereign immunity in suits to enjoin
eral en-
court 22:377
Right
forcement of unconstitutional of state cour
legislation
50:956-963 against property wh
State officers enjoined from executing un- that certain claims
has sold on condition
constitutional statute i:223-225 against it be paid by the purchaser
-state statute regulating rates 21:433, 446
21:527, 540 Right of United States to assert in federal
Stay of other proceedings pending test suit court claim to property when state court
50:655-662 has prior jurisdiction 49:835
Uncertainty as to state law as ground for Right to review discrimination of state
denying injunction 47:289-291 commissioners in selecting jury I7:35I
Scope of review of rate orders of adminis-
Powers: injunctions against state officers trative boards 50:78-93
Comity: in federal courts 28:589-603 Separation of causes in remo
- in Circuit Courts of Appeal 28:597-603 41:1048-1051
Simultaneous conflicting judgments in
Conflicting federal and state jurisdictions
in equity receiverships 4I:70-74 state and federal courts 16:372
- suggested solution 41:73-74 State and federal jurisdiction over fish
Determination in state courts of local issues waters 3:356-374
involved in federal receivership State control of prop
48:1403-1407 receiver when state c

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FEDERAL COURTS 393
References in heavy-faced type are to LEADING ARTICLE
CASES. The figure in front of the colon refers in each instan

of another suit concerning Original the same


jurisdiction w
property 21:279, 293 I5:858; 24:675; 39:Io84
State injunction against -in taking of against
suit by state deposi- resident 48:683
tions to prevent prosecution of suit in
federal court of foreign state
Government 47:7o0
corporations
State injunctions against In proceedings
general 48:793-795 in
federal courts 43:348-353
Suits toofwhich the United
Stay of suit brought in contravention
agreement to arbitrate under state law
In general 18:314; 20:575
48: I2
Stays of judicial proceedings by bank-
Suits involving ambassadors and
ruptcy court 48:54-58 Action for divorce against foreign
Subsequent jurisdiction of state court after 43:822
removal in prior action 17:574; Effect of consular appointment du
20:418 on state court's jurisdiction 44:1292
Voluntary petition in bankruptcy in fed- Exclusive jurisdiction: proceedings against
eral court by directors after appointment consuls 35:752
of a receiver in state court 35: 95
Waiver of jurisdiction over federal prisoner Suits involving fed
to permit trial by state court 36:221 Action for libel co
federal court as pr
Suits between states tion 47:1440
Collection of decisions in suits between Anticipation by pl
states 33:489 ing defense under
Controversies of jurisdiction 22:305
between states I
17:483; Cancellation of39:zo84
31:219-224; conveyance to
Suit by one statepointed by federal court
against 40:135
another o
donated by citizen 17:483 Claim of person elected governor to be
- a precedent and argument for an United
inter-States citizen as federal question
national tribunal 33:489 6:43
-limited to justiciable questions Counterclaim
33:489 by trustee in bankruptcy
Virginia v. West Virginia 31:236-245 against creditor's claim 36:615
Effect of assignee clause on jurisdiction
Suits against a state based on nature of subject matter 39:273
Execution on judgment where state is de- Federal injunction bond as federal matter
fendant 31:227-245 I5:860
Issue of unfair
History of constitutional competition related to issue
provisions
31:210-229under patent laws 50:364
Jurisdiction 3I:216-217
-views of state conventions in bankruptcy proceedin
Jurisdiction to compel state to perform 35:195
its
duties as trustee 33:416-419 Laches as a federal question 26:86
One of three co-defendants a company cre-
Suability of state by foreign corporation
48:137 ated by act of Congress 22:538
Over receiver of a national bank 41:53I
Suit against state dispensary commission
22:289, 305, 6ii Power of federal court to sell bankrupt's
Suit against state highway commission property free of liens 37:905
41:1065 Scope of jurisdiction resulting from pres-
Suit against states: in general 20:245; ence of federal question 40:298;
3I:210-227 47:287-289
-what are such for purposes of equity State rule of procedure as involving a fed-
15:360-373 eral right 30:650
Status of government cor
Suit for enforcement of rates as suit against
state 15:360-373 48:794-795
Suit against
Suits by citizens of other corporation
states 3I:217-218
Suits by foreign statesAct of
or Congress for uno
subjects
tory 25:29I
31:225-227
Suits by state's ownSuit by
citizens credito
3I:218219
Suits by United States 31:224-225 bankruptcy 14:619
Suit by Puerto Rican governm
ing under the laws of the U
Suits to which a state is party 47:286-287
Interest necessary for a state as party in a
Suit by trustee in bankru
suit 39: 085 i5:856; I6:359
Jurisdiction of district
Suits by or againstcourt when
federal corporations s
a party 49:1375 49:404-405

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394 FEDERAL COURTS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in


CASES. The figure in front of the colon refers in each instance to the volume.

Under war amendments 20:237, 648 Separable controversies 4o: 1152


Unfair competition where infringement -offraudulent joinder as ground for remov
a patent, trademark or copyright is al- from state to federal courts 33:970, 98
leged 40:299 Status of unincorporated civil law associa
Worn coin as legal tions 47:135how
tender:
eral question 9:487 Status of unincor
42:I079
Diversity of citizenship Suit against alien and citizen of another
Assignment of chose in state action: effect 14:545 on
jurisdiction I7:423 Suit against stat
Bill against executor that legacy be de- 41:106
clared lapsed and be paid to the plaintiff
23:225 Diversity of cit
Bill by residuary legatee that defendant In general 12:350; I3:597; I6:526; 37:89
executor render an account of the entire Are labor unions citizens under diversity of
estate 23:225 citizenship rule ? 38:50I
Collusive conveyance to nonresident as Domestication of foreign corporat
basis of jurisdiction 9:484 43:658
Colorable diversity 32:436 Effect of multiple incorporation
Conflicting federal and state jurisdictions to the federal courts 44:ro06
in equity receiverships 41:70-74 Expediency of abolishing jurisdict
Devices to avoid diversity jurisdiction state corporations 7:1-23
44:97-100
Foreign corporations in the federa
-appointment of administrator from -effect
de- of non-compliance with
fendant's state 45:743 statutes 44:428-432
Diversity of citizenship in Formation "local preju-of a corporation
dice " cases 16:527 of effecting diversity of
Domicil as equivalent of state 22:29, 303, 450; 41:799
citizenship
32:575 Jurisdiction over suit against corporation
Effect in diversity of citizenship case of dis- chartered in two states brought by citi-
missal of only nonresident defendant zen of one of them 22:607
after filing of petition for removal Multiple incorporation 50:1182
46:156 Residence of a corporation within meanin
Effect of joining citizen of plaintiff's state of Judicial Code -waiver of venue
as defendant 17:494; I9:470 4I:923
Suit by citizen
Effect of making principal a defendant in of Pennsylvania against New
York joint stock company in name of its
suit by surety to set aside judgment
against principal fraudulently president,
obtaineda citizen of Ohio 23:148
by creditor 22:230
Ancillary jurisdiction
Foreclosure of mortgage of company incor-
porated in two states I7:57I Controversy ancillary to case of which
court has jurisdiction 40:318
Historic basis of diversity jurisdiction
4I:483-510 Jurisdiction over proceedings ancillary to
History of provision of the JudiciarythoseAct
properly brought in federal court
22:304
of I789 for federal jurisdiction in cases
of diversity of citizenship 37:79 Removal jurisdiction
Interpleading a claimant who is a citizenEffect of dismissal of only nonresident de-
of the same state as the plaintiff 30:521 fendant after filing of petition for re-
Jurisdiction in eminent domain proceed- moval 46:156
ings 18:468 Fraudulent joinder
Jurisdiction in interpleader
from state to federal courts w
ants are co-citizens 48:854 33:970, 985
Power to waive by contract right Mandamus to remove to require district court to hear
case to federal court 44:128 and decide cause improperly remanded
Propriety of friendly receiverships in the 48:512
federal courts 43:1 298-1301 Power to waive by contract right to remove
Realignment of parties 40:1015 case to federal court 44:128
Receiverships: desirability of restricting
Removal from state to federal court: pr
federal jurisdiction 41:70 sumption of federal jurisdiction 40:1
-jurisdiction of a court to appoint a re- of prayer for relief, effect
-reduction
ceiver while a suit is pending for the 43:320
appointment of a receiver in another - when state constitution or laws deny de-
court 4I:7r fendant federal right I9:623
-limitations Removal on of doctrine
causes: and money value of of
ceiverships 41:804 rights 36:905, po6

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FEDERAL COURTS 395
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in pl
CASES. The figure in front of the colon refers in each instance to the volume.

- defendant's power 36:906, 907 Conclusiveness of federal court's decision


on general law 35:350
- determination of jurisdictional facts un-
der the Federal Employers' Liability Conflicting
Act decisions as to sam
41:534 35:178-179
Decisions construing unifor
- separable controversies 33:970; 40: 1152
--to a federal district in which defendant Decree of federal court based on subse-
does not reside 36:471-474 quently reversed state decision I7:406
- effect of to
Removal of state arbitration proceeding change of ruling by state court
federal court 42:801-803 on federal decisions 9:284
Removal to federal courts of Different
criminal construction
pro- of will from that
ceedings prosecuted by state placed upon it by highest state court
38:584-594
Right of removal of co-defendant joined by 23:139, 148
Distinction
tortfeasor seeking indemnity between legal and equitable
47:241
Right to remove case under state Work-
procedure and remedies: how affected by
men's Compensation Act upon state
appeal law 40:783
Effect 44:128
from administrative tribunal of decision of state court on the
Separation of causes in removalvalidity of a statute under the state con-
proceedings
4I:1048-1051 stitution i 8: 34
Effect of decision on vested interests
Statutory appeal to court as removable ju-
dicial proceeding 48:673 35:341
Effect for
Summary of legislation providing of overruling
re- decisions invalidating
moval of causes from state to federal bond issues earlier held valid
courts 37:1081-1082 47:1406-I408
Effect of state statute giving probate pow-
ers to courts of general civil jurisdiction
Questions of state law 32:176
Enforcement of state arbitration laws in
Effect of state statute relating to contribu-
federal courts 42:801-805 tory negligence upon a foreign cause of
Power to decide case on state questions action 41:254
3I:307 Effect of state sta
Provision for modification of decree enjoin-jurisdiction 49:950-956
ing enforcement of state statute in case of
Effect of violation of Federal S
subsequent contrary state decision onpliance Act 48:345
question of state law 47:708 Federal court's duty to fo
State determination of state law and the
erroneous holding of Sup
Judicial Code ? 266 41:623-642
state law 46:859
-table of cases, 19I3-I926 41:641-642 Federal Equity Rules 46:638-659
Suit involving internal affairs of foreign Foreign corporations in the federal court
corporation and requiring interpretation --effect of non-compliance with state
of statute of foreign state 46:854 statutes 44:428-432
How far state decisions det
Authority of state law for the federal courts 40:3I0
Adoption of state law of presumption in In determining finality of decree
administration of state statute 44:86I 48:308
Aftermath of the Supreme Court's " stop, Interest rates in the federal courts
look, and listen" rule 43:926-932 44: o.5-1o8
Appeals from interlocutory decrees of dis- Procedure: proposals to provide right of
trict courts 46:253-257 trial by jury in equity cases in Judiciary
Applicability of state and federal Act lawofin 1789
ac- 37:99
tions for injuries resulting Propriety from violation of practice of ref
of Safety Appliance Actsuits 49:456-46I
to a master 46:121
Applicability to federal farm loan associa-
Refusal by Supreme Court to f
tion of state rule as to ultra sion of con-
vires state court as to wha
tracts 49:653 under state statute 33:725
Application of state rule
Refusal of
to apply Newattractive
York arbitration la
sance 49:I375 because it would impair right of non
Authority of state decisions in
resident plaintiff to resort to federa
courts 4:311-320; 8:335-340;
courts 40:649 1
23: 139, 148, 404; 37:85
Regulation of comm
Authority of utes:
state " federal co
interpretation
tion laws 16:447 8:z68; 9:217; I5:224
Authority of state interpretation of court:
Reversal of ruling by state state effect on
statutes 37:1I29, 1140 contract: Gelpcke v. Dubuque
Authority of state statutes in federal courts 4:311-320
9:430 Review of denial of motion for new trial

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396 FEDERAL COURTS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in


CASES. The figure in front of the colon refers in each instance to the volume.

because of inadequacy of nominal dam-


Bail granted by justice of the United States
ages 46:852 Supreme Court after conviction 9:151,
Service of process on nonre I52
in accordance with state statute Conference of senior circuit judges estab-
47:I439 lished by Congress in I922 40:431-468
- origin of 40:431-456
Some recent implications of Swift v. Tyson
48:979-983 - place and function of in f
State court construction of codifying stat- system 40:431-468
ute 48:980 -work of, I922-1927 40:456-468
State court construction of state statute Coordinating and administering the busi-
rendered after accrual of claimed rights ness of the federal courts: the council of
47:289-291 senior circuit judges 40:431-468
State interpretation of state constitution: Power to use judges outside their own dis-
authority of, in United States Supreme tricts under Act of 1922 40:444-454
Court 19:213 Proposed legislation affecting power to
State law of evidence in the federal courts charge and changing order of procedure
43:554-585 at trial 31:o10
- duty of federal court to follow decisions Propriety of seni
of highest state court on common-law designation to sit
rules of evidence 22:611 47:277-281
--uniformity versus conformity -jurisdiction to appointto receiver
state in dis-
law in determining evidentiary regard of district court's division
rules for of busi-
federal criminal trials 47:854-857 ness 46:503-507
State limitation of liability for damage
caused by negligently started fire 44:862 Procedure
Statutes governing service of process onAppellate procedure is independent of state
nonresident motorists 47:1439 procedure 35:602
Suit in forma pauperis - necessity for con- Approval of fees and
tingently employed attorney's joining ruptcy in reorganization 49:1199-1206
oath 48:127 Common-law right to imprison to enforce
Swift v. Tysona sentence an imposingerroneous a fine 21:145 c
of the Judiciary Act of 1789 37:85 Competency of witness in federal court who
Whether federal or state rule as to burden has been convicted of crime in a state
of proof should apply in action brought court 30:529
in federal court under federal statute Conformity to state procedure 35:602
29:95, 98 Devices for reducing the number of im-
Amount in controversy properly procured consent receiverships
Action dismissed because reasonable claim 44:99I
could not exceed statutory limit 33:477Enforcement of state arbitration laws in
Ad damnum reduced to prevent removal federal courts 42:801-805
from state to federal court 28:633 Equitable defenses in actions at la
Inclusion of penalties for litigious delay in 35:602; 36:474-479, 486; 50:1
computing jurisdictional amount 1033-1034
48:326-327 Equitable reply to legal defense 35:345
Jurisdictional amount: determined by value Extraterritorial service of process under
to plaintiff of right he claims in good Bankruptcy Act, ? 77B 49:797-805
faith in pleadings 38:734-736 Federal Equity Rules 27:629-643;
-in counterclaims 38:744-751 29:55-75; 35:276-302
- in equitable proceedings 38:736-739 Federal practice respecting foreign receiver-
in proceedings to enjoin action of state ships 43:805-809
officers 48:95-IoI Federal rules of civil p
-in suits for injunction 38:739-744 50:1017-1
Reduction of amount claimed as justifying - counterclaims 50:1027
remand to state court 48:512 - cross-claims and third-part
Reduction of prayer for relief as preventing 50:1029-1030
removal of action from state court - influence on state procedure 5o:1069
43:320 - interlocutory discovery 50:1043-1045
Removal: counterclaim above jurisdictional - intervention 50:1031
amount - effect of counterclaim in excess -joinder of causes of action 50:1025
of maximum jurisdictional amount for - judgment notwithstanding verdict
state court of limited jurisdiction 50:1050-1051
44:274 - medial interpleader 50:1034
Powers of federal judges - new trial 50:1052
Attempt to curb power of federal judge - pleading
to 50:1037-1039
comment on testimony 33:245-246 - special verdict 50:1048

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FEDERAL COURTS 397
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in
CASES. The figure in front of the colon refers in each instance to the volume.

-summary judgment 50:1056 Right to withdraw general appearance after


- unified method of appeal 50:1059 amendment of bill to bring in matter not
- union of law and equity 50:1020-1021 originally within jurisdiction of court
In equity and admiralty causes governed by 43:I4I
rules promulgated by the United States Rule that ground of jurisdiction mu
Supreme Court 35:602 pear in record--effect of Equity R
In Supreme Court 42: I083-1086 of 1912 42:498
Interpleader: conflicting claims of tax Rule-making power
domicil 50: I 20- 12 civil actions 49:1303-1321
- legislation 50:1033-1034 -background and objectives of Act of
-to determine conflicting claims as to I934 49:1303-1309
domicil for inheritance taxation 49:I378 - function of Congress a
Judgment notwithstanding the verdict 49:1309
33:246-248 --later amendments to rules
Judiciary Act of 1925 40:834-873 49:1309-1310
-Court of Claims 40:843 --rules of appellate procedure
- defects in Act 40:859-865 49:1311-1321
-effect of Act of I916 40:834-839 - rules of evidence 49:1311
--legislative history of Judges' Bill -united rules for law and equity
40:852-859 49:1310-1311
- minor procedural reforms 40:850 Rules of evidence in criminal trials
- review of courts of appeals 40:841 47:853-859
- review of district courts 40:842 Scope of remedy of discovery 47:282-283
-revised rules of court of I925 40:866 Section 274(b) of the Judicial Code
-second review as of right 40:839-840 36:474-479, 486
- state courts 40:844 Stay of decision on issue of patentability in
- United States dependencies 40:845-848 state court pending decision in federal
Jurisdiction in equity to avoid sealed release court 50:364
procured by duress 49:151 Summary of legi
ure of federal
Method of proof in hearings of motions for courts 37:1089-1098
temporary injunctions in the federal Supreme Court's power to make rules of
courts 4I:909-912 appellate procedure 49:1303-1321
- defects of affidavit system
Trial by jury 4I:910-91
and admiralty jurisdiction
- merits of oral testimony 4I:912 under the Judiciary Act of 1789 37:74
Narrative record in federal equity appeals
Venue
42:483-515
Distinction between venue and general ju-
Necessary and indispensable parties to suits
against inferior federal officers
risdiction 36:472
Possibility of waiver of
50:796-802
party resides in the dist
Necessity that stockholder suing in behalf
court to which case is removed from
of corporation own stock at time of
state court 21:630
wrong 21:198-203
Primary jurisdiction in
Power to allow plaintiff who fails to state
ships 47:682-688
cause of action in equity to amend so as
to state cause of action at law Right of Illinois defen
from Iowa state court to federal court
33:242-243
for Iowa, under statute that such suits
Practice in federal courts in reviewing state
must be brought in district where de-
regulation of public utilities
fendant resides 23:225
43:402-412, 415-420
Scope of jurisdiction over stat
Process in equity receivership 49:798
obtained through existence of
Proposed legislation empowering Supreme
question 46:I339
Court to promulgate rules of procedure
for actions at law 38:1-5 Statute that suit shoul
trict where defendant
Reasons for and against narrative record
as an exemption whic
42:502
waive 23:225
Record in equity appeals - prior to I912
Venue in action un
42:486
upon failure to prove cause of action
- rules of the circuit courts of appeals
under Employer's Liability Act
42:493
46:108-109
- under Equity Rules of I912 42:490
Relations of attorney-general to federal Venue in proceedings under Bankruptcy
Act, ? 77B 49: II9p-iI2
courts 33:326
Responsibility of Supreme Court for Review by circuit courts of a
smooth functioning of trial procedure Appeal from district court to
47:281-283 of appeals 35:904-906

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398 FEDERAL COURTS
References in heavy-faced type are to LEADING ARTICLES; in italics
CASES. The figure in front of the colon refers in each instance to the volu

Supreme
Appeals from orders and proceedings Court under th
under
Bankruptcy Act, ? 77B 49:1163-1166 1925 42:1-29
Appellate jurisdiction of circuit court of
Supreme Court's u
appeals 35:902-903 ders 49:76-90
Tax litigation at O
Review by Supreme Court 45:301-
Appeal from circuit court Traps of appeals to Su-
in practice in
preme Court 35:906-909 review 47:283-285
Appeals from interlocutory decrees
Trends andin Supreme Court
from dispositions of application for re- 40:1112-11
ceiver 39:346-349 United States Supreme C
Appellate jurisdiction of Supreme Court
41:I071-1075
mode of appeal under "full
-the Judicial faith
Conference 40:431-468and
credit " clause 35:902; 39:560 -Judiciary Act of 1925 40:834-873
Attitude toward constitutionality of legisla-
Use of administrative practices of Interstate
tion at October term, 1930 Commerce Commission as aid to statu-
45:301-306 tory construction 46: 0oo6-Ioi
Business at October term, I928 43:33-62 Work of Supreme Court 36:909-918
-1929 44:1-40
-1930 45:271-306 Review of state court decisions
-1931 46:226-260 Effectiveness of remand of suit after
-1932 47:245-297 amendment to state new cause of action
- 933 48:238-281 46:337
-1934 49:68-107 Extension of appellate jurisdiction of Su-
Business of the Supreme preme Court to state decisions uphold-
Court
41:807-808 ing a federal right 39:1049-1057
Certiorari at October term, 1930 Federal questions: application of rule of
45:285-301 Murdock v. Memphis to supervening
Certiorari to circuit courts of appeals state questions 40:903
48:260-276 Jurisdiction of Supreme Co
Direct appeal from district courts to Su- cases involving federal rig
preme Court 35:903-904 courts 28:408
Federal appellate jurisdiction and procedure
Jurisdiction whe
3 :9o02 federal statutes too broadly 27:88
Finality of decree for purposes of Supreme
Mandamus in Supreme Court since 1925
Court review 48:302-309 46:91-112
Function with respect to federal equity
Modification of former opinion and rein-
rules 46:638-643 statement of judgment by state court
Future ofSupremeafter Court
reversal bylitigation
Supreme Court 49:838
40:1110-1129 Remanding of case to state court because of
Legislative contraction superveningof jurisdiction
state question 41:400
Supreme Court 39:1062-1075 Review by Supreme Court of federal ques-
Mandamus in Supreme Court since 1925 tion first raised on rehearing in highest
46:91-124 state court 49:150
Penalties for frivolous appeals 43:113-z17
Review of decisions of state courts involv-
Per curiam opinions at October term,ingI930
federal questions, under Judicial Code
45:281-285 ? 237 amended 33:o02, 114
Review
Practice in granting certiorari in tax of mob-dominated state trial under
cases
48:1057-1058 Fourteenth Amendment 37:247
Practice of the United States Supreme Review of proceedings in state courts under
Court in remanding cases for further con- Fourteenth Amendment i:310-326
sideration 43:940-944 Severability of provisions of state statu
Recent restrictions on review leftby to Supreme
state court 37:1129
Court as of right 39:1069-1075 Supreme Court a federal, not an inter-
Requisites for jurisdiction on writ of error
national, court 33:489
1:306-310 Tendency of relation to produ
Restriction upon District of Columbia ap- ity of state law 21:588-594
peals 39:342-346 Whether review by Supreme Court
Review by Supreme Court be had by in criminal
writ of error orcase certi
39:331-342 validity of a state statute "drawn in
Review in Supreme Court question" of lower 35:618 federa
courts 35:902-909
Statute abolishing writs of error 41:673
Particular courts
Substitution of appeal for Board of writ of error
Tax Appeals - applicability of res
50:1059 judicata to its decisions 46:694-696

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FEDERAL COURTS--FEDERAL TRADE COMMISSION 399
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTES; and in plain ty
CASES. The figure in front of the colon refers in each instance to the volume.

Provision for constructive notice to claim-


Court of Claims 34:161-177; 43:904-907;
46:114-117 ants to property in hands of receiver
- as legislative court 47:133 36:IO30
Court of Customs and Patents Provisions Appeals for use of interrogations
43:908-911 27:636; 29:72, 73; 35:294, 295
Court of private land claims 43:907-908 Questions raised by motion to dismiss
Courts of specialized jurisdiction: creation 27:635; 29:66; 35:287
and abolition of the United States cus- References to masters 35:295, 296
toms court 39:589-615 Reply counterclaims 46:342
- failure of attempts to establish Rule o1: a special
right of trustee under mortg
court for patent litigation 39:615-625
deficiency decree upon foreclosure
District of Columbia courts as constitu- 46:312-313
tional courts 47: 33 Rule 37 and intervention in proceedings
- congressional review of
underits decisions
Bankruptcy Act, ? 77B
46:677-687 49: I161-163
-construction of Judicial Code ? 145(1) Scope of answer and counterclaim under
38:II04-Io05 Rule 30 27:637-638; 29:68; 35:288, 289
--effect of allowing patentee recoveryTestimony shall be taken in open court,
29:339 Rule 46 27:639-640; 29:56-59, 70;
- express or implied contract claims 35:278, 291, 292
34:172-175 Time in which to prepare for trial 27:630;
- in actions on quasi contract 8:420 29:72; 35:293
- its jurisdiction 38: 104- I12 Transfer from equity to the law side of the
-jurisdiction of 34:161-177 court allowed 27:634; 29:63; 35:283,
- procedure 36:870 284
- remedies against the United
Twenty years under States
present rules
34:166-167 46:638-659
- set-offs and counterclaims, liquidated
and unliquidated 34:176 FEDERAL POWER COMMISSION
Law applied by United StatesSee Public Utilities.
Court for
China 49:793-797
Territorial courts and courts of the District FEDERAL RADIO COMMISSION
of Columbia 43:897-903 See'Administrative Law, Radio.
FEDERAL EMPLOYERS' LIABILITY
FEDERAL TRADE COMMISSION
ACT
See also Restraint of Trade, Securitie
See Employers' Liability Acts (Federal). Unfair Competition.
FEDERAL EQUITY RULES Accomplishments of Commission
Abbreviation of the pleadings 27:634; 50:184-185
29:64; 35:281, 282, 288 Administrative regulation of business
Application of Rule 701 to findings of fact 46:1200-I202
underlying issue of constitutionality Chain stores 44:460
49:635-638 Concept of unfair compet
Application to procedure in circuit courts eral Trade Commission Act and under
of appeals 49:1316-1319 NIRA 47:Io8-114
Bearing upon ? 274(b) of the Judicial
Conclusiveness of findings 38:103-107
Code 36:474-479 Failure of Commission to curb unfair com-
petition
Condensed form of the 47:461
record on appeals
27:641; 29:74, 75; 35:298-300requirem
Jurisdiction:
-for declaration of invalidity petitors of 44:129
patent in
suit for its infringement 50:357 -under ? 7 of Clayton
Counterclaims 50:1027 pleted merger accom
Discretion generally used in of allowing
complaint 47:1400-I403
more
than twenty days for answer -what constitutes unfair competitio
27:632-633; 29:61, commerce-false
62; 35:294 representations as
Influence on state procedure 50:1069 financial standing of competitors 41:
Interlocutory discovery 50:1043-1044 Power to compel disclosure of corpo
Intervention 50:1031 affairs 47:339
Joinder of causes of action 50:1025 Power to compel testimony 47:98-ioo
Pleadings 50:1035-1037 Power to enforce NRA codes 47:96
-simplified and may be amended
Power at any Act to fix
under Robinson-Patman
time 27:634; 29:62; 35:281 limits of quantity discounts 50:II-I112
Promptness with which federal judges in power to remove commissioner
President's
general decide cases 27:630-631; 49:330
29:61-62; 35:294 Public interest as a jurisdictional require

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400 FEDERAL TRADE COMMISSION -FIXTURES

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;


CASES. The figure in front of the colon refers in each instance to the volume.

Rights
ment under ? 5 of the Federal Trade of a transfe
Commission Act 43:285-289 interest of a default
"Trade practice submittals" of Commis- 40:I23-I26
sion 47:466-467 Statutory regulation of investment trusts
Use of penal sanctions 50:625 44: I7-120
FINDING LOST GOODS
FEE SIMPLE Finder a voluntary gratuitous baile
See Estates (Fee Simple). 35:873
Finder's right to maintain trover
FEE SIMPLE DETERMINABLE
49:1092-1093
See Estates (Fee Simple), Future Interests.
Joint finders Io:63
Landowner's rights to cha
FEES
4:234; 6:443; lo:I89, 444; I8:317
See Bankruptcy, Corporations, Costs,
Master'sEx-
right to goods found by servant
ecutors and Administrators, Receivers, 17:425
Trusts.
Right of taxi-driver to property discovered
FELLOW SERVANTS by passenger in taxi 46:716
See Master and Servant.
Rights and liabilities of finder 29:74
Rights of garage proprietor against
FENCES of lost automobile stored by unaut
See also Covenants running with the ized third person 42:132
Land,
Railroads. Unclaimed articles found in sto
Covenant to fence: whether it runs with What constitutes finding io:63
land 13:529 Who entitled to ownership IO:444; I5:4
Fencing statutes: civil liabil
FINES AND RECOVERIES
for lost cattle 26:531, 559
-liability of railroads under, for See History
damage of Law (Property).
to trespassing animals 8:69
FIRES
Landowner's duty to restrain cattle: rule in
western states 4:44 See also Bailments, Carriers, Insuran
Spite fence erected to Municipal intimidateCorporations,litigant:
Negligence,
order of removal by court 25:I97 Railroads, Torts.
"Spite fences": liability 9:549 Absolute liability for fire started to clear
land I6:309
FICTITIOUS PAYEE Ancient rule o
See Bills and Notes. 7:448-449; 3
Back fires on prairies 13:599
FIDUCIARY RELATIONS Recovery only by adjoining owners:
See also Account, Agency, Auctions,York
Banks rule 13:522
and Banking, Brokers, Corporations
(Promoters, Directors, Oficers), Equity, FISH
Executors and Administrators, Factors Constitutionality of law prohibiting pos
and Factors' Acts, Gifts, Guardian and sion of fish in close season 17:418
Ward, Husband and Wife, Partnership, Right of public to fish in navigable waters
Physicians and Surgeons, Privileged 3:227
Communications, Tenancy in Common, -in non-navigable stream 33:325
Trusts.
FIXTURES
Acquisition of dominating patent by person See also Landlord and Tenant, Vendor
to whom secret was disclosed in confi- Purchaser.
dence during negotiations for manufac-
ture 43:970 Conversion into realty
Bankers' Compensation when for
liability land taken under
depoemi-
to his personal nent domain accountI4:72
Bribery in Electric and gas fittings 15:237
commercial re
45: 248-1252 Electric cars I8:394
Creditor's duty to disclose material facts to Ice in ice-house 3: 182
the surety 43:797-8o0 Larceny of fixtures 12:354
Effect of change from state Railsorganization
of street railwaysto i8:6xo
a national bank 41:665 Sprinkler system installed by lessee-
Not existing between life tenant er's right against
and re- lessor 48:857
mainderman 20:639, 653 Taxation of fixtures: pipes laid in public
Relation between medium and recipient streets of 4:83-86
communications from spirits Trade fixtures i8:6xo; 26:372
through
medium 34:627 When chattels become fixtures 20:565

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FIXTURES - FOREIGN CORPORATIONS 401
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in
CASES. The figure in front of the colon refers in each instance to the volume.

Rights of third persons Foreign commerce and the Interstate Com-


Annexation by conditional buyer tomerce
realty Act 40:1130-1135
subject to prior mortgage 32:732 -liability 40:1134-1135
Recording of mortgage on land and fixtures
- rates 40:1131-1132
as chattel mortgage 12:144 - through bills of lading 40:1132-1133
Rights of mortgagee of fixtures. Suit
on on
lessee's
foreign cause of action against for-
forfeiture of term 11:200 eign corporation as interference with for-
Rights of mortgagee or vendor eignof commerce
chattels 44:863
against mortgagee, vendee,What or lessor of
constitutes: route over hig
land 3:51; 7:3io; 8:55, 508; 9:489; termini within one state 28:634
IO:I90; 12:570; 15:236; I6:531; FOREIGN CORPORATIONS
20:565, 575
In general
Sale of fixtures unsevered, buyer's rights
Jurisdiction
against mortgagee of land 14:534
Conditions upon right to do business
Removal Constitutionality of conditions
Agreement to treat fixtures as personalty;Liability of shareholders
effect as to bona fide purchaser of landSee also Conflict of Laws, Constitution
26:657 Law, Corporations, Executors and Ad-
Effect of agreement by one in possession to ministrators, Franchises, Interstate Com-
let fixtures be removed as personalty merce, Process, States, Taxation.
I2:570; 20:565, 572 In general
Effect of agreement on character of prop-Garnishment of certificates of stock of a
erty 35:86 foreign corporation 41:924
Effect of agreement to pay
on right ofJurisdiction
removal by ten
over 36:621 American assets of nationalized Russian
Effect of newcorporations
lease 45:1407-1411
on te
28:108 Application of equal protection of
New lease to old tenant 8:280; 11:553;clause of Constitution to foreign cor
I5:853; I8:67 tions already admitted to state 4
Appointment
New lease to person succeeding to rights of of a receiver 45:1406
prior lessee 15:853; I6:145 Basis and extent 12:1-23; 3 7:825-
Rescission of sale of land on which fixtures
Business jurisdiction over foreign cor
placed with buyer's consent 12:570
tions 32:879-891
What fixtures are removable 26:372
Citizenship for purpos
diction 46:618-621
FLAG LAWS
Compelling foreign corpor
See Constitutional Law.
ness in the state to prod
FOOD in another state 21:354, 365
Corporation formed in one state to trans-
See also Constitutional Law, Restraintact ofbusiness in another I8:226
Trade.
Denial of account in controversy conc
Contributory negligence as bar to recovery
ing internal management of corpora
of damages for violation of pure food act
I9:I32
50:1316
Enforcement of pure food laws Developments, I935-I936 50: I33-II36
50:631-632
-actual consent 50:1134-1135
Pure food legislation 5o:213-214 - doing business 50:1133-1134
-parent and subsidiary corporations
FORCIBLE ENTRY AND DETAINER 5o:1135-1136
Doing business in state as assent to un-
See also Ejectment, Landlord and Tenant.
reasonable service 2I:453
Civil liability of landlord for forcible evic-
tion of tenant 33:733 Domestication of foreign corporatio
What possession is necessary tofect on federal jurisdiction 43:6
maintain
Due process and commerce clauses
action 24:411
42:1062-1068
FORECLOSURE Effect of general appearance by foreign in-
terstate railroad doing business in state
See Corporations, Execution, Liens, Mort-
gages, Pledges, Conflict of Laws, Vendor 43:1156
and Purchaser. Effect of multiple incorporation on access
to the federal courts 44:10o6-rro1
FOREIGN COMMERCE Franchise taxation 38:361, 405
See also Constitutional Law, Interstate
Garnishment of foreign corporation doing
Commerce, Restraint of Trade, States,
business in state, when principal debtor
Taxation.
is absent 21:219, 289

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402 FOREIGN CORPORATIONS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in


CASES. The figure in front of the colon refers in each instance to the volume.

Incorporation by two states: effect inwith


fore- " doing business" for pur
closure proceedings 17:57I service of process 36:327
-effect on federal jurisdiction 22:607 Constitutionality 23:66
Insuring property within state sufficient to - unreasonable conditions not declared un-
constitute " doing business" for service constitutional until I910 38:362
of process 36:327 - when violating "liberty" I5:580
Interference with elections on business
Effect of doing suit without
by stock-permission
holder 24:319 50:1177-1178
Interference with internal affairs Effect of non-compliance with state statutes
50:1180-1182 in the federal courts 44:428-432
--jurisdiction of equity to interfere Exclusion of corporation on account of
26:451; 28:6ir, 634 issue of no par value shares 37:465
Interference with interstate commerce Insurance companies: domestic regulation
42:131 of foreign companies 15:580
Jurisdiction over cause of action arising Ownership of land: restrictions apart fro
outside state 29:880; 37:827 statute 9:91-105
Jurisdiction over corporation not Power acquired of state to ex
by service on officer unless corporation which resorts to fe
"doing business" in the state 38:369
35:87 Power to exclude 50:1176--I 77
Jurisdiction to liquidate the affairs of Prioritya of local creditors I2:429
foreign corporation on a stockholder's Regulation construed as a condition upon
bill 44:437-442 right to do business 20:634, 648
Jurisdiction whenResults corporation is regulatory
of non-compliance with not "
ing business " in the state 35:87 statutes 45:1405-1406
Maintaining a commercial agent to solicit Rights of assignee of non-n
freight not doing business within a statein action from corporati
33:II4 failed to comply with con
Mandamus to compel inspection of books mission disabling corporat
26:451 42:577
Place of trial in civil actions 43:1223-1239 Validity of contracts made before com-
Recent developments 50:892-894 pliance with 19:619; 22:593, 6o8
Service of process on domestic subsidiary Where corporation is vendor performing
in an action against a foreign corporation acts in interstate sale after delivery to
42:955 purchaser 39:489, 511
Service of process on state officer withoutWhether compliance creates a n
actual notice to corporation 40:904; tion I9:I34
49:339 Whether non
State license tax on foreign corporation 16:373; I9:I37
measured by capital stock 42:952
Statute of Limitations: running in favorConstitutionality
of of conditions
foreign corporation 17:360 Compulsory incorporation and power to
Suit in federal court involving internal tax af- 44:1111-II4
fairs of foreign corporation and requiring Denial of right to
interpretation of statute of foreign state 38:369
46:854 Discrimination ag
Suit on foreign cause of action as interfer- tions: contract by
ence with foreign commerce 44:863 nate 20:405, 412
Taney's views 49:1296-1298 Discriminatory stat
Validity of judgment on foreign admission
cause of of fore
action based on service on state officer Exclusion of foreig
28:804, 815 general discussion
Validity of service on agent for foreign i7:356; I9:29i
cause of action after withdrawal of cor- Growth of doctrine of unconstitutional con-
poration from state 33:730 ditions 46:628-631
Validity of service on nonresident Inclusion
officer of stock held
within jurisdiction as witness 37:631 tion in computation o
What constitutes doing business I8:I46, 39:402
619; 33:II4; 36:327 Inducing foreign corporation to do business
When corporation has ceased to do business in state, a contract not to deny recourse
in the state 26:749, 756 to federal courts 21:215
License tax on privilege of doing
Conditions upon right to do business
ness 38:366
Comparison of " doing businessLicense
" necessary tax up
to bring corporation within regulations I9:380

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FOREIGN CORPORATIONS - FRANCHISES 403
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in
CASES. The figure in front of the colon refers in each instance to the volume.

Limitations of taxing power of a state Confiscation


over by United States of chattel
foreign corporations 27:275, 289 used in commission of felony 48:684
Modern developments of the doctrine of
unconstitutional conditions 42:676-680 FORGERY
Position of foreign corporations in Ameri- See also Agency, Banks and Banking, Bi
can constitutional law 32:864 and Notes, Bonds, Constructive Trust
Preference of domestic creditors required Limitation of Actions, Deceit, Evidenc
by statute I2:429 Judgments, Transfer of Stock, Wills.
Privilege taxes on corporations Criminal liability of having
partner forno defra
par value stock 43:104-109 ing partners 20:418
Prohibition against carrying on intrastate Forging and uttering charg
public service functions 45:1404 dictment 7:435
State franchise tax measured by capital Liability for forgery
composed entirely of imports 46:1024 14:387
State tax on foreign insurance company for
benefit of disabled fireman 21:277, 295 FORMA PAUPERIS, ACTIONS IN
Tax on local business of foreign corpora- Interpretation of statute permitting
tions engaged in intrastate commerce I8:547; 3I:485, 489
3 I:581-618, 721-778, 932-953
FORMER JEOPARDY
Validity of retaliatory taxation of foreign
insurance companies 45:184 See Criminal Law.
Where corporation is vendor performing
FRANCHISES
acts in interstate sale after delivery to
purchaser 39:489, 5II Grants in general
Exclusiveness and conflicting grants
Liability of shareholders Forfeiture, duration and terminatio
Collateral attack upon corporation Transfer or incumbrance
acting
Remedies
without authority outside its own state
2I:323 See also Constitutional Law, Corporations,
Highways, Licenses, Municipal Corpora-
Creditor's rights against domestic stock-
holder io:228-234 tions, Public Utilities, Railroads, Street
Enforcement of assessments Railways, Taxation, Telegraph and Tele-
50:1178-11
Enforcement of individual phone Companies.liability of c
porators I7:r92; 27:575, 588
Grants in general
Law applicable to liability of stockholders
for debts of corporation i8:452 Nature of right to use streets for motor-
bus transportation 37:777
Liability for assessment by domestic insur-
ance company 23:564 Power of municipality to grant exclu
Position of foreign shareholders franchise 7:I23; 8:285; of
in time 9:485
war 7:588 Power to permit private persons to buil
spur track from street 21:221
FOREIGN EXCHANGE Preference given to railroad in applicati
Effect of Statute of Frauds on contractforto certificate to operate bus line 4I:5
Valuation for rate purposes 28:501, 5
establish credit by cable transfer 35:772
Foreign satisfaction of a judgment 41:252
Measure of damages on dishonor of Exclusiveness
foreign and conflicting grants
draft 35:88 Conflicting easements under franchises: a
Rate at which foreign assets
justment in equity I7:57o are
changed upon dissolution offranchise
Conflicting grants of street par
upon declaration of war 40:138 public service corporation 41:236-
Sale of " cable transfer " held to create a Franchise an exception to general rul
trust for the buyer 33:279-280, 689-690 competition 15:431-433; I6:476-480
Suits for breach of contract occurring inPower of municipality to grant an exclusive
foreign country: date selected for com- franchise to one grantee in conflict with
puting damages in terms of money of the a prior grant by the state to another
forum 40:621-625 grantee 41:236-241
Protection from invasion b
FORFEITURE
corporation having no lic
See also Constitutional Law, Corporations, ness 32:84
Equity, Estates (for life), Franchises,
Protection of
Landlord and Tenant (Conditions and
competition 33:576, 614
covenants in leases), Vendor and Pur-
Right of city to compete with fran
chaser.
granted by itself I3:604; i6:68; I
Basis of principle against forfeitures Right to enjoin competitor illegally
46:32-33 business without license 28:815; 3

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404 FRANCHISES - FRAUDULENT CONVEYANCES
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in
CASES. The figure in front of the colon refers in each instance to the volume.

Forfeiture, duration and termination Effect of, in procuring pardon 36:888


Duration of franchise created by estoppel Fraud by agent of innocent principal
46:1028 9:159; II:340; I6:6i
Estoppel of city to revoke 20:564, 579inducing putative marriage-sur-
Fraud
Implied grant of new franchise by operation vival of action 48:10I3
after old franchise had expiredFraud 23:646 not resulting in damage a
Loss of franchise through nonuser maker of negotiable note 39:io96
38:124 Fraud on the court as ground for vacation
Nonuser 4I: I64 of registry of title 36:622
Power of municipality Fraudulent by grant of
concealment of an
a right
clusive franchise to tion and the Statute of Limitations
revoke a prior fr
chise granted by the state 4I:236-24 43:471-477
Power to revoke Fraud, indirectly
undue influence by grant
and mistake in will
competing franchise 7:184; 21:368 41:309-339
Quo warranto against private corporations Liability of promoter who has induced con
for acts in excess of corporate authority tract with corporation fraudulently rep
41:244-248 resented as about to be formed 40:780
Revocation of lottery franchise 11:407 Note forged by defendant, converted and
Right of public service company to discon- circulated by third party through de-
tinue 22:367, 386; 32:716, 736 fendant's negligence 19:468
Rights acquired by purchasers of public Parole obtained fraudulently by convi
utilities at judicial sale 50:13o3-1311 40:902
Personal prejudice and the doctrine of the
Transfer or incumbrance undisclosed principal 44:1271-I275
Assignment to individual who re-assigns to Promoters liable in action by subsequent
corporation 21:57 purchasers of stock though corporation
Mortgage of franchises I6:65; I9:214; was party to the fraud 23:566
32:505, 506 Recovery of damages in action to rescind
Remedies 43:328
Mandamus to enforce duties Remedies against "milking" of property
2I:448
by mortgagors 46:49I-497
FRAUD Rex v. Kylsant-A new Golden Rule for
See also Agency, Aliens, Bankruptcy, prospectuses
Banks 45:1078-o083
Spiritualistic predictions as ground o
and Banking, Bills and Notes, Cancella-
tion of Instruments, Constructive Trusts, 34:629-633
Contracts, Corporations, Damages, Statutory
De- liability of defrauded ve
stock rescinding after failure of b
ceit, Equity, False Pretenses, Fraudulent
Conveyances, Insurance, Judgments, Let- 48:329
ters of Credit, Marriage, Pleading, FRAUDS,
Re-STATUTE OF
lease, Rescission, Sales, Suretyship, See Statute of Frauds.
Trover and Conversion, Unfair Competi-FRAUDULENT CONVEYANCES
tion, Vendor and Purchaser, Warehouse- Transfers for value
men, Wills. Voluntary transfers
Annulment of marriage for fraudulent mis- What constitutes fraud
representation of financial status Rights of parties to the conveyance
46:1034 Rights of creditors
Avoidance of marriage for fraud and in- Rights of subsequent purchasers
sanity of other party: insane person's Uniform Fraudulent Conveyance Act
ability to have an intent to defraud See also Assignments for Creditors, Bank-
41:1065 ruptcy, Chattel Mortgages, Husband and
Bad check laws 44:451-456 Wife, Mortgages, Partnership, Sales.
Contract with impostor: effect of imper-
sonation 39:651 Transfers for value
Creditor's duty to disclose Agreement tomaterial
support as consideration
facts to
the surety 43:797-80o I2:559
Criminal act, fraudulently inducing Annulment of marriage as invalidating con-
I3:215 veyance made in consideration of promise
Effect of buyer's lack of reasonable expec- to marry 42:832
tation of ability to pay 46:1344 Consideration in conv
band and wife 33:303, 316
Effect of dissolution of corporation on right
Conveyance in satisfaction of une
to rescind stock subscription fraudulently
obtained 42:129 able trust 28:816
Covenant
Effect of fraud in gaining in conside
employment on
convey
right to recover under all Employ-
Federal after-ac
ers' Liability Act 43:141 I8:I49

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FRAUDULENT CONVEYANCES 405
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES
CASES. The figure in front of the colon refers in each instance to the volume.

Discontinuance of divorce proceedings as


Mortgage of merchandise with power to sell
consideration 16:306 47:346
Insurance premiums: payment Presumptions as and burden
fraudu- of proof -effect
lent conveyance 2:289; 9:155; I4:461 of Uniform Fraudulent Conveyance Act
Marriage as valid consideration o: 60 46:423-429
Preferences I4:298 Purchase of tax title by wife of insolvent
Settlement after marriage debtor under 42:583
oral ante-
nuptial agreement 11:417; 12:219; Reservation of dominion over accounts re-
I5:239 ceivable as evidence of fraud in assign-
ment of accounts receivable 39:255, 274
Transfer by directors of all corporate assets,
Retention of possession: chattel mortgage
upon transferee's contract to pay corpo-
rate debts 23:309 with power of sale in the mortgagor
Trust property conveyed in performance 21:285
of oral trust 13:608 -pledge of property stored on pledgor's
Wages of innocent agent premises procuring sale 21: of 6
fraudulent securities 40:oo008 --whether fraudulent as matter of law
What is fair consideration under Uniform 9:224; I3:I5I
Fraudulent Conveyance Act 46:409-419 Transfer from third party to grante
Wife's agreement to live separately and debtor's instance 46:437-438
give up her right of support as value What constitutes merchandise under a b
33:303, 316 sales statute 33:717, 731
Voluntary transfers
Conveyance before betrothal recorded after Rights of parties to the conveyance
marriage I9:459 Constructive trust on ground of bre
Conveyance to defeatfiduciary divorced dutywife's
39:650 ali-
mony 17:280 Effect of Uniform Fraudulent Co
Effect of Uniform Fraudulen
Act 46:431-437
Act 46:407-409 Grantee as purchas
Exercise of a general as consideration
power of 10:60
appoi
4I:394 Imposition of resulting tr
General assignment by insolvent firm, to
Insurance as a fraudulent con
insolvent assignee II:552 26:362
Partner's interest transferred afterInsurance
firm in- of premises by gr
solvent 9:433 Repayment tendered grantee
Payment of amount less than I4:30I that d
release after judgment but
Right to dower after before
conveyance relea
nishment to principal it has been setdebtor
aside 42:579 to d
garnishment 40:784 Rights of grantee in law and equity
Right of subsequent creditors to avoid a 36:622
voluntary transfer 37:489 Validity of conveyance as between granto
Secret conveyances to defraud intended
and grantee 4:189; 8:233; II:554
wife or husband 9:546; 14:452; 15:494,
496 Rights of creditors
Time of accrual of action for conveyance Applicability of Bulk Sales Act to good will
before marriage in fraud of dower transferred with merchandise and fixtures
21:632 42:277
Transfer in anticipation of suit 44:II43 Assignment of choses in action as a fraudu-
Transfer of firm property to individual lent conveyance 39:254
creditors of partners as voluntary con- Bulk Sales Acts: action at law in con
veyance 39:249 against purchaser in violation of Bu
Sales Act 42:578
What constitutes fraud
Conveyance by husband t
Application of doctrine of retention of pos- ance of contract I8:469
session to assignments of choses in action Conveyance by partnership: right t
39:255 aside 28:776-778
Bulk mortgage legislation 44:638-642
- when fraudulent 29:296-298
Effect of agreement to keep assignment of
Conveyance of partnership business fraudu-
accounts receivable secret 39:256, 274
lent to creditors of one partner 25:564
Effect of Uniform Fraudulent Conveyance
Conveyance with intent to defraud indem-
Act 46:421-423 nitee 46:844
Formation of corporation Effect of solely to reor
Uniform F
ize in equity receivership Act 46:429-443 or bankrup
50:I31II Extent of recovery by
Intent to defraud subsequent creditors fraudulent vendee o
I2:283; 37:490 44:467

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406 FRAUDULENT CONVEYANCES -FUTURE INTERESTS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RE
CASES. The figure in front of the colon refers in each instance to the volume.

FRENCH LAW
Insolvency of parent corporation or its sub-
sidiary 46:823-828 Contracts: subjective theory of mut
Liability of creditor who colludes
sent with
36:233
debtor in conveying away his assets
Legal status of
23:401 36:76
Mutual rescission of a contract as a transfer
Napoleon and his code 32:114-134
40:900 Waters: in general 32:869
Personal rights against transferee 27:i81
- influence on American law 33
Recovery of property on reimbursing pur-
chaser for value I4:301 FRIGHT
Repayment of consideration: See
whether pur-
Admiralty, Animals, Carriers, Damag
chaser for value must accept 14:30IShipping, Torts.
Negligence,
Rescission of automobile liability policy by
insurer and insolvent holderFUGITIVE
after accident
FROM JUSTICE
44:470 See Extradition.
Right of state to avoid voluntary convey-
FUTURE INTERESTS
ances made before sentence imposing fine
for maintaining liquor nuisance 40:650In general
Contingent remainders
Rights of creditors against a successor cor-
poration 44:260-265 Executory devises
Rights under a mortgage of wagons
Possibility and
of reverter
stock, fraudulent as to the stock
Future interests in personalty
21:285 Determination of classes
Setting aside conveyanceRestraints
of foreignon alienationland
Right
fraudulent only by law of of reentry
place of con-
veyance 50:129 See also Estates, Legacies and Devises, Pow-
Subsequent ers, Quieting
creditors: howTitle, Rule against Perpetui-
affected b
structive notice of deed 12:283 ties, Rule in Shelley's Case, Wills.
- right to avoid conveyance 12:283;
37:490 In general
--rights when prior creditors avoid con-Acceleration of future interests
veyance 3:283 36:765; 40:758-762
Accumulations void under the
- subsequent judgment on Thellusson
tort c
Acts conveyance
ing right to attack 37:637
- when no fraud as to them 33:471; Acquisition of p
45:579 another 49:735-741
Tort claimants as creditors within the stat- Binding future interests by
ute 33:865 Common-law distinction between contin-
Trustee's right gent and
to vested interests- confusion
considerati
ment not to from its adoption in federal income
prosecute a tax
dis
I5:744 law 49:462-466
Rights of subsequent purchasers Contribution and acceleration where widow
Sale on execution against grantor: rights oftakes against will 47:889
purchaser 16:375 Covenant to pay life annuity: ap
Subsequent mortgagee ment between capital
of grantor I1:554 and income
24:309, 328
Uniform Fraudulent Conveyance Cross-limitations toAct
"survivors" and
Application of 46:404-452 " others" 48:1233-1235
Developments in the law - I9
- application in the several jurisdictions
46:445-452 48:1202-1261
- conveyances of personalty 46:437 "Divide and pay over" rule
- procedure under the Act 46:438445 48: 128-r221
? i 46:429430,443 Effect of covenant of warranty upon the
?2 46:420 destructibility of contingent remainders
?3 46:409-419,450 by merger 34:430, 435
?4 46:407-419 Estates and future interests 34:508
?5 46:419 Executory interests in Illinois 32:745
?6 46:421 Executory limitation over on death or death
7 46:421-423, 431 without issue of the first taker 37:1137
?8 4I:664 Extinguishment: in equity without statute
? 9 46:438-443, 449-450 42:54-62
?9(I)b 46:441-443 -of contingent future interests by decree
?9(2) 46:433-435 and without compensation
? Io 46:49-430, 438-441 44:378403
? II 46:404-405, 431-433 -partition statutes 42:34-54

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FUTURE INTERESTS 407
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

-statutes authorizing judicial sales in cases As distinguished from executory de


where future interests are limited whether existing today I9:546
42:62-73 Attachment in equity 16:377
Fifty years of future interests 50:749-783 Confusion between holding a postponed
- characteristics 50:763-769 contingent and holding it to be one
- decline of feudal doctrine 50:754-760 class 49:923-925
-marketability of fee 50:760-763 Conveyance by ancesto
-- perpetuities 50:778-782 who take by purchase 22:234
- powers of appointment 50:772-778 Decree against presumptive remainderm
-rules of construction 50:769-772 adjudicates his claim 38:526
-varieties 50:752-754 Destructibility 48: r20zo-I2
Interests vested or contingent 50:984 Distinguished from vested I6:307;
Judicial hostility to determinable and con- 20:192-197, 243; 38:835
ditional fees 48:1203-1207 Effect of enactment that they take effect as
Legislative interference with rule against
though they were executory devises or
perpetuities 46:701-706 springing or shifting uses 30:226-240
Limitation to conveyor's heirs 50:756-757
Implication of trust to preserve contingent
Operation of rule favoring title remainders
by descent 22:388
over title by devise 46: 998-0ooo Influence of doctrine of seisin on the de-
Performance of bench and bar in the mat- structibility and merger of contingent re-
ter of future interests 45:405-406 mainders in American law 34:737
Permissible duration of a trust 50:984 Protection by legislation in Massachusetts
Policy against remoteness 33:535-541 28: 9r
Policy favoring early vesting 48: 217-1218 Rearrangement and preservation of estates
Power of co-tenant to obtain partition 34:565
50:767 Remainderman's right to damages for waste
Power of life tenant or remainderman to or other injury to land 50:767-768
extinguish other interests by judicial
Remainders to survivor for life 37:1143
process 42:30-75 Rules as to remoteness i6:294
Real Property Acts 34:508 Subsequently vesting contingent remain
Remainder to heirs of a living ders: person
whether
as vested rights 19:2rz
vested 50:769-770 Trend toward indestructibility 50:757-760
Remainder to prospective Unborn parties heir or
in property next of
litigation
kin-construction as remainder or re- 48: oot-0oo8
version 48:1202-1203 Vested and contingent interests after terms
Restatement's classification of remainders for years 20:197-198
50:753 Executory devises
Reversions and remainders: progress of the Conditional on failure to alie
law 34:510-519
32:437
Rule against possibility on possibili
tension of rule 27:713-717
Determination of classes 11:346; 15:413
Distinguished from contingent remainders:
-limitations of the rule against a possi-
whether latter exist today 19:546
bility on a possibility 30:294 Effect of lapse of previous estate without
Rule in Wild's Case 23:314
the happening of the contingency 21:451
Separability of limitations 33:531-535
Effect of lapse when otherwise illegal
Subject matter of future interests 45:405
20:483, 499
Teaching of future interests 45:406 Gift over for life attached to fee: who takes
Three suggestions concerning future inter- on death of life tenant 40:1016
ests 33:526-541
Intention to create remainder or executor
Transfer of expectant interests: when v
interest 48: 12zr
8:427; 9:476; x1:65; 22:234 Justification under Statu
Transmission of remainders 33:526-530 39:47-474
Trust of income for maintenance: vesting Realty undisposed of at death of first taker
of principal 10:315; I5:498 I6:458
Vested or contingent devise: how deter-
Review of Illinois' decisions I4:595-60
mined 15:496; i6:307 Right of executory devisee to compensation
Vested or contingent remainder in case of
when property is taken by eminent do-
condition both precedent and
main subsequent
before his interest has vested
36:765 21:218
Vested remainders after aWhether
contingent re- in life of testator
contingency
mainder in fee 34:516-517
essential 10:3x6
Contingent remainders Possibility of reverter
After estate void for remoteness 29:341
Alienability and descen
Alienability and descendibility 50:764-767
- alienability 48:1207

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408 FUTURE INTERESTS -GARNISHMENT
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain ty
CASES. The figure in front of the colon refers in each instance to the volume.

-whether devisable under Wills Act -restraints for c


13:150 48:398
Recognition since Gray 50:752-753 - restraints on co
Time of vesting 43:834 48:389-
Whether within rule against -restraints
perpetuities on leg
13:407 48:394
Future interests in personalty - restraints quali
Action for damages to chattel, by executory 48:391
legatee against executor of first holder - restraints qualif
28:822 48:375-
Chattel bequeathed for life: no remainder - restraints quali
over 19:219 48:381-
Chattels personal I4:407-417; 24:582 Devise of fee on condition that it shall not
Chattels real I4:401-407; 37:267 be subject to attachment, execution, or
Clarification of law 50:753-754 other legal process in hands of devisee
Creation by oral declaration upon delivery 4I:920
48: 2I6-I217 False analogy to the rule in Shelley's ca
Heirlooms 22:441, 455; 23:68 36:628
Liability for owner's debts 25:171, Gift over
197 of land and personalty on in
Machinery devised with other property testacy for 34:653-654; 48:1211
life and remainder 21:635 Nature of an equitable interest subject
Nature and validity in generalrestraint 14:397-420 37:635
Reasons for existing rule 3:315-316 Option by one and his
Right of holder of future interest to security his heirs 40:913
50:768-769 Restraints on legal life estates 37:915
Time of accrual of action in favor of re- Restrictions upon assignment of leases in
mainderman for conversion by life tenantcooperative apartments 49:158
21:542 Restrictions upon the transferability o
Vested remainder after estates for life shares of stock 42:555-559
37:1143 Validity of covenant against alienatio
Determination of classes fee simple: when limited as to person
In general 2I:36o, 369; 30:772; 32:863; 34:651-653
33:739; 50:984 - when limited in time 34:651-653
Evidence that woman is past childbearing:
when admissible 34:640 Right of reentry
Executory devises 11:346; 15:413 Alienability and attempts to alien
Gift to the children of a third person at 48:1207-1209
twenty-one 34:640 Status of holder where alienable
Gifts to a class 48:1221-1228 48:1208-1209
GAME
- application of lapse statutes
48:1222-1224 See also Constitutional Law, Fish, Inter-
- divestment by death before distribution state Commerce.
48:1225-1228 Injunction to restrain interference with
- time of closing class 48:1224-1225 hunting right 22:305
-what constitutes 48:1221-1222; Nature of a landowner's righ
49:903-933 18:458
Gifts to heirs and next of kin - when life Right to kill deer destroying
tenant is an heir 48:1228-1231 closed season 38:684
Gifts to issue--problems of capital and
stirpital distribution 48:1231-1233 GAMING
Splitting a fund into moieties in determin- See Wagering Contracts.
ing classes 34:639
GARNISHMENTfrom gift over
Where life tenant is excluded
to next of kin 35:890 See also Bankruptcy, Banks and Bankin
Conflict of Laws, Interstate Commer
Restraints on alienation Judgments, Res Judicata.
Condition against resale of a fee 36:755
Property subject to garnishment
Covenant by non-builder not to use party
wall before payment: whether a reason-
Beneficiary's right in life insurance po
able restriction on the privilege of enjoy- 7:375
ment 37:314-315 Certificates of stock of a foreign corpo-
rationby
Covenants against occupancy 41:924
particular
race 48:379-380 Contingent debts 41:8oo
Developments in law
Debt due since
from nonresident: effectGray
of
48:373-406
exemption at debtor's domicil 6:381

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GARNISHMENT -GERMAN LAW 409
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

Debt recoverable in Mexico 38:1114 Death of principal defendant before


Debts accruing after service of writ ment 35:473
Garnishee's duty
33:73I
Debts accruing in future I2:I4I of contract: lia
Debt owed corporation of which defendant
tachment bond
is stockholder 30:762 performance 22:382
Debts due one partner: garnishment Garnishee's by
right to set-of
partnership creditors 14:71 the principal debtor acquir
Debt which plaintiff himself owesofde- writ 33:731
fendant 35:34I Garnishment of maker of note: effect on
Estoppel to claim statutory exemption
agreement to pay attorney's fees
wages I8:543 8:358
Exercise of jurisdiction whe
Judgment against garnishee as satisfac-
acts created opportunity tion of principal judgment 13:413 to
42:439 Judgment of interpleader by garnishee as
Funds in hands of court 13:528 bar to action by judgment creditor
Funds in hands of sheriff 42:o080 against garnishee 30:86
Garnishment of debt without service on Payment made after judgment b
creditor I7:188; I9:I32 garnishment to principal debt
Judgment debt not subjectfeat to garnish-
garnishment 40:784
ment in another court 39:1I00 Validity of judgment against gar
Judgment debt: situs of 40:1153 when principal defendant is giv
Jurisdiction over debts for purposes of notice 32:575
garnishment 31:909-918
GAS
Purchase of foreign note and collateral se-
See Oil and
curity for purpose of garnishing theGasse-
Leases, Public Utilities.
curity 42:439 GENERAL AVERAGE
Seat in an exchange 45:383 See also Admiralty, Insurance.
Shares of stock in a foreign corporation
held outside the state 37:387 Nature, cause, and manner of sacrifice
Command of one connected with the a
Situs of debts for purposes of garnish-
ment I2:2I4; I3:596 venture: whether essential 9:188-195
Wages: efforts to eliminate some
Common ownership evils of
of sacrificed and con-
unrestricted credit for tributing
wageinterests
earners 14:465
45:1102-10o8 Effect of inherent vice of cargo upon
right to contribution 21:369; 22:45
Persons subject to garnishment 23:483; 24:154
Connecting carrier, for freight collections Liability for tort incurred in saving ship
due nonresident carrier 20:319, 330; 29:546
21:59 Owner's failure to use due diligence to
Corporation owing money recoverable in make ship seaworthy as barring general
Mexico not subject to garnishment in average contribution for damages re-
United States 38:1114 sulting solely from negligent navigation
County and municipal corporation: lia- 47:715
Protection
bility to garnishment 9:288; 14:62Iof common adventure: whether
it must be the sole motive
Executors: whether subject to garnishment
I:269 9:186, 195-197
Garnishment by judgment debtor of Statutory
his limitations of liability as affect-
own debt on separate claim 39:1Iooing general average I6:169-171
Garnishment of carrier for goods in Water
his poured into hold to extinguish fire
possession I4:384 9:188
Insurance company: distinction between
When the law of general average is ap-
indemnity insurance and insurance plied 11:196
against liability 26:373 Interests liable to contribution
Insurance policy: distinction between in-
demnity insurance and insurance against
Damages recovered for subsequent col-
liability 26:373 lision 44:296
Freight
Judgment debtor, in what on return
court cargo liable
15:488 to
Liability of master's draft to contribution
garnishment 12:63 in general average 22:6II
Maker of note garnished after payee has
Towing vessel: liability when tow
transferred note 14:462
ficed II:I96
Effect of garnishment GERMAN LAW
Bank's right to apply garnished deposits
Delbriich law, allowing double nationalit
to demand note 48:845 3I:988

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40O GERMAN LAW -GIFTS
References in heavy-faced type are to LEADING ARTICLES; in i
CASES. The figure in front of the colon refers in each instance to t

Effect on development of civil


pay the law
debt to a donee at the creditor's
36:180-192 death 34:664, 672
Executive, legislative, andGratuitous judicial branches parol forgi
of the German government action 33:691
23:280-287 Parol extinguishme
Federal character of the German govern- 30:760
ment 23:276-280 Parol extinguishment of a debt 46:712
German constitutional law in its relation Parol gift of insurance policy without
to the American Constitution actual delivery 46:153
23:273-290 Partial assignment by deed
History of Germanic private law 32:744 niary legacy 40:129
Letters of credit 32:8 Revocability of gratuitou
Maxims in Germanic law 34:824-827 part of pecuniary legacy
Provisions of new German code Subrogation of gratuitous assignee of
13:627-637 pledged insurance policy to pledgee's
Responsibility of the states 32:467 right against assignor 37:917
Specific performance in German law
22:165-174 Inter vivos: delivery
Theory of enforcement of rights in theDelivery of bill of sale sufficient 26:87
German law 22:161-164 Gift of joint interest in savings account t
co-owner - necessity of delivery of ban
book with donative intent 48:338
GIFTS
Gift of money deposited in savings bank
In general by delivery of passbook 22:453
Inter vivos: choses in action Growing crops 9:547
Inter vivos: delivery Necessity of delivery 4:I4o; 5:15I;
Inter vivos: imperfect 9:547; 31:1055-1056
Inter vivos: revocation Pointing out buried money as delivery
Causa mortis: in general 17:282
Causa mortis: delivery What constitutes delivery I2:349
See also Charities, Choses in Action, Joint
Tenancy, Statute of Frauds, Transfer ofInter vivos: imperfect
Stock, Trusts. Effect of appointment of donee of in-
completed gift as executrix 22:60;
23:483; 26:445
In general Interpretation as trust or imperfect gift
Agreement to accept reduced payments un- 48: 167-1168
der separation agreement--validity as Power of attorney construed as trust-deed
gift 46:331 11:272
Civil law 31:1053-1054
Validity as declarations of trust I:257
Classes of gifts distinguished: gifts causa
mortis 5:35 Inter vivos: revocation
- gratuitous declarations Adultery of wife as ground of of tr
revocation
-testamentary gifts I4:73 17:202
Gift to attorney: validity 14:73 Effect of misconduct upon gifts received
Intentional interference with expectation from a spouse 44:276-280
of a gift 48:984-987 Rescission for unilateral mistake of donor
Non-negotiable instruments 12:498 as to value 45:750
Ownership of wedding gifts 34:89 Revocation of voluntary
Parol gift of land 11:64; I5:157, 659 far permitted in equity 10:443
Parol gifts of land acted upon Right to return of engagement ring after
33:949-950 breach of promise to marry by donor
Restriction on religion in a gift 47:887 40:I35
Transfer of equitable interest of cestui Causa mortis: in general
39:368 As a testamentary act 28:240-241
Inter vivos: choses in action Distinguished from gifts inter vivos 5:35;
Account books: whether irrevocable power 31:1055-1056
thereby given 12:67 Effect of subsequent will 24:154
Bank account: effect of direction to allow Gift of donor's own check 28:325
wife to draw on account I7:122 Invalid when made in contemplation of
-effect of retention of passbook suicide 36:483
I5:751 Nature of 40:5r6
Bank deposit by one payable to himself Presumption of undue
and another 38:243 fidential relations 22:539
Choses in action 5:35; I2:67 Valid as against husband's rights u
Effect of an oral direction to a debtor to distribution statute 26:86

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GIFTS -GUARDIAN AND WARD 411
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume.

Causa mortis: delivery Net profits as a measure of


Bailee: parol gift by bailor 10:306 20:235
Delivery by donor who has hope of re-Restrictive trade agreement as a sale of
covery 28:430 good will 20:170-176
Donee already in possession 18:394 Right of purchaser of assets
Gift returned to dominion of donor before to use firm name 17:59
his death 20:151 Solicitation of old customers after involun-
Negotiable instruments 6:36-41 tary sale of good will 9:479;
Non-negotiable instruments: delivery to 24:311, 323; 27:670, 684
donee 12:498 Solicitation of old customers three years
Parol choses in action 16:308 after sale of business with its good will
Power of attorney implied from delivery 40:319
of instrument 5:35; 9:488; 12:498 Tenancy in common in right to use firm
Stock certificate delivered to donee 9:488 name 29:457
Transfer of savings bank deposit to jointWhat included therein io:280-281;
account of transferor and transferee 12:129
33:982 Whether merely an attribute of land
What constitutes delivery I2:349, 570; I9:538
15:750 GOVERNMENT
Whether antecedent delivery for other pur-See Administrative Law, Constitutional
pose sufficient 10:306 Law, Municipal Corporations, Sovereign,
States.
GOLD CLAUSES
Application of Joint ResolutionGOVERNOR
to bullion-
payment clauses 50:360 See Arrest, Constitutional Law, Sovereign
Application of Joint Resolution to Witnesses.
States, " for-
eign obligations" 50:1165-1166
Application of Joint Resolution to GRAIN
obliga- ELEVATORS
tions alternatively payable in foreign
See Bailments, Interstate Commerce
currency 49:152 lic Utilities, Railroads, Warehousem
Construction
48:1060-1061, 1070-1071, 1084-1086GRAND JURY
Effect of Joint Resolution on power to See also Constitutional Law, Evidence,
redeem United States bonds before ma- Witnesses.
turity 50:986 Effect of exemption from grand jury duty
Gold clause abrogation
of members of panel by court on its own
48:133, 1057-1099 motion 33:866
Power of Congress to nullify gold cla
46:1225-1257
Perjury
-affirmative powers of inCongress
Material testimony grand jury investi-
46:1243-1248 gation of alleged violation of National
-limitations of due process
Prohibition Act 40: clause
780
46:1248-1254
-obligation of the GRANTS gold clause
46:1233-1242See Boundaries, Charities, Deeds, Evidence
-validity of the clause 46:1228-1233 Franchises, Public Lands, Railroads.
GOOD WILL GREAT LAKES
See also Corporations, Partnership,See
Tax-
Admiralty, Constitutional Law, Wat
ation, Torts, Unfair Competition.
In general Io:280-281; 12:129; I6:135 GUARANTY
Basis of valuation on dissolution of part- See Bills and Notes, Contracts, Insurance,
nership 22:144 Statute of Frauds, Suretyship.
Closing hour regulation for barber s
as confiscation of good
GUARDIAN AND WARD will 47:10
Compensation in See
eminent
also Conflict of domain 39
Laws, Domicil, Paren
Effect of restrictive
and Child.agreement made
one corporation upon a of
Appointment new
guardian corporati
for infant
composed of the same stockholders 36:749
2I:445 Deposit of compensation proceeds by vet-
Firm name as part of good will of part-
eran's guardian-right to priority
nership 41:803 46:532
For purposes of taxation
Effect of emancipation16:135;
by infant's domicil I9:67
Implied covenant not to by
on payment compete
foreign guardian 40:319
In bankruptcy 9:479 43:660

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412 GUARDIAN AND WARD -HEIRS
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume.

Extraterritorial powers ofJurisdiction,


domiciliary proceedings, and
guardian 48:950 Appeal by state after dischar
Fiduciary position of corpus proceeding
person 37:505
affecting t
act as guardian 12:142 Appeal in habeas corpus proceeding
Guardian ad litem - unborn parties in I2:509; 25:460, 473
property litigation 48: iooi-oo8 Dismissal of writ: whether res judicata
Indorsement of promissory note by insane 15:76; 16:602; 37:774
payee while under guardianship 41:536 Effect of reversal of decree in habeas corpus
Invalid appointment of guardian construed proceedings after decree has been given
as appointment of trustee 2o:65i effect in foreign state 25:384
Escape after service of writ 21:219
Liability of guardian for proceeds of fire
insurance 38:983 Exhaustion of state remedies as condition
Opposition of ward no bar
precedent to action
to federal habeas corpusby
guardian for property sold by ward 48:1024
22:453 Federal interference with state custody
Policy paid to domiciliary guardian not in 43:358-359
possession 16:521 Foreign criminal being taken through state
Power of state legislature to prohibit 12:567an
ineligible alien from Jurisdiction
serving of federal court over mob-
as guardian
of a minor child born in the United dominated state trial 37:247
States 37:372, 38I Jurisdiction of federal court to issue w
after
Reaching the interest of the.commitment by another
beneficiary of feder
a spendthrift trust 43:72 court under alleged unconstitutional sta
Relationship of guardian and ward as a
ute 28:431
status 38:1085-1086 Jurisdiction o
Right of appeal after after commit
appointment
36:749 done under ord
Right of court of equity to imprison 21:204, 220 its
ward for disobedience 23:222 Jurisdiction of state and federal courts
What law governs the appointment and 1: I90
control of 24:I42, 151 Jurisdiction of state court to discharge per
Validity of appointment based son held
on by state officer under federal
invalid
bond 42:440 authority 40:320
Validity of statute Legislative
appointing regulation gua o
a person mentally inferiorcompetent
federal courts 37:1082 but
ically incompetent 37:I5I Prisoner outside the state 14:612
Privilege of federal prisoner to resist trial
HABEAS CORPUS
by state 36:22I
See also Constitutional Law, Contempt, Reviews of orders
Federal Courts.
ceedings 4I:902-905
Nature and grounds of remedy -discharging orders 4I:904-9o5
-remanding orders 41:904
Excessive sentence attacked by habeas cor-
pus proceedings 7:53; 9:287 Right to release pending state's appeal
Legal existence of court attacked in habeasdecree of discharge 48:513
corpus proceedings 22:383 State interference with federal custody
Mob-domination of trial 37:247 43:353-358
Parent's right to writ: for detention ofDenial
child
14:612; 16:602 To civilian citizen sentenced by military
-discharging infant son from army commission 36: Io6
22:144
HABITUAL CRIMINALS
Proceedings between claimants for custody
See Constitutional Law, Criminal Law
of child 20:237
Unauthorized sentence(Foreign jeopardy).
attacked by habeas
corpus proceeding 19:468 HEALTH
Unconstitutional procedure in See
territorial
Constitutional Law.
court as ground for issuance of writ by
federal court 30:84 HEARSAY EVIDENCE
Use of habeas corpus to determine
See Evidence. whether
an alien has had a fair hearing in ex-
clusion proceedings 41:522 HEIRS
See for
Use of writ by member of state militia Bastards, Charities, Curtesy, De
refusing to take federal oath 30:176,
Descent and Distribution, Dower, Eje
191 ment, Equity, Estoppel, Executors and
Writ of prohibition: whether precluded by Administrators, Mortgages, Taxation,
habeas corpus 20:334 Vendor and Purchaser, Wills.

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HIGHWAYS -HISTORY OF LAW 4I3
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume

HIGHWAYS Private nuisance by independent c


In general of municipal corporation 20:73
Establishment Recovery against subway contractor for
Rights and remedies of abutters negligence of third person by reason of
Additional servitudes contractor's agreement with city 25:289
Regulation and use Recovery of prospective damages for use of
Injuries from obstructions way by railroad II:268
Construction Right to injunction against d
See also Animals, Constitutional Law, Dedi- right of access I1:I30
cation, Easements, Eminent Domain,
Additional servitudes
Franchises, Licenses, Municipal Corpora-
tions, Railroads, Taxation, Waters. Electric light poles 13:57
Electric railways 4:246-270; 6:315;
In general 8:507; i2:6i, 138
Development of standards in speed legisla- Elevated railroads 4:70-83
tion 46:838-842 Interurban electric railroad carrying
Uniform Act Regulating Traffic on High- 21:58
ways 46:840-842 -in country roads I7:66
Reasonable use for public purpo
Establishment subway case I7:409
Building lines and reservations for futureSteam railroads 4:253-255; 7:438
streets 49:352-356 Telegraph and telephone poles 13:57
Continuous user by public as basis of pre-
Regulation and use
scriptive right I2:357
Adverse possession of "abandoned" high-
- use under a mistake I8:314 way 35:763
Extent of nublic right in highways in Mas-
sachusetts 28:478-480 License for u
of subsequen
Irrevocability of dedication of highway
interference with support 22:612
9:488, 549
Pecuniary interest of commissioner Moving a renders
house 24:238
resolution for establishment Parking meters as within mun
voidable
power 50:I319
26:87 Regulation of th
40:131; 44:558-566
Rights and remedies of abutters
Regulation of tolls 10:128, 450
Abutter's right to shadeRight
trees, whenheavy
to prohibit nottrucks 33:1065
owner of fee 17:494; I9:64
Action against person not using highway
Injuries from obstructions
for travel 7:54 Absolute liability of person contracting to
Action by specially assessed proprietor
have work done in highway I4:62;
I8:229 15:485
Compensation for alterations required
Liability of highway contractor toby
passers-
statute when highwayby
is opened across
29:323,337
railway 21:288 Liability of persons ob
Compensation for to damage caused
passers-by i8:I49 by r
grading adjoining street
Liability 33:451,
of street railway47
fo
Easement of lateralwith
support for
unlawful buildin
obstruction i
23:404 18:303
Easement of view from the highway: in-
Removal of subjacent sup
junction 40:136
Easements of light and Construction
air over highway
I5:305 Specification of exclusively held material
Easement to load and unload 48:339when statute requires competitive bidding
Ejectment against street railway by owner 49: Ioo6
of fee I4:291 HISTORY OF LAW
Elevated road injuring
In general abutter 17:20
Erection by state of screen to hide billboar
Admiralty
46:I57
Agency
Injunction against parking 45:384
Arbitration
Injunction against private spur track from
Bills and notes
street railway 21:221 Carriers
Liability of public authorities forlaw
Colonial interfer-
ence with waters in location and repair
Comparative law
of highways 28:478-495 Conflict of laws
Motor-bus transportation 37:777
Constitutional law

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414 HISTORY OF LAW
References in heavy-faced type are to LEADING AR
CASES. The figure in front of the colon refers in each

Contracts Social justice and busin


Corporations in the legal history of
Criminal law Stare decisis: stability
Domestic relations case law 48:864-867
Equity Story of law 4I:930-93I
Evidence Studies in the period of baroni
Fraudulent conveyances rebellion 40: 46-148
International law Study of legal history in E
Jurisprudence ties 35:353
Jury Summary of r
Labor law Treatise 6:1-20
Legislation Varying relation
Mines and minerals 36:658-
Municipal corporations Admiralty
Partnership Notes on the Rho
Persons 1790 46:44-90
Procedure and courts -appendix of cases and forms 46:73-90
Property Test of jurisdiction in admiralty 32:853
Statutes
Torts Agency
Trusts Development of doctrine of respondeat su-
Water law perior 43:689-701
Common law actions Early instances of doctri
Reports principal 5:3-6
Roman law Employer's liability
See also Constitutional Law, Criminal Law,and England 2:213-230
Jurisprudence, Roman Law. Liability for torts of servant
7:330-336, 383-40
In general Liability of state for torts of its
Baronial opposition to Edward II 33:120 32:459-472
Black Book of Winchester 40:1162 Patria potestas in early law 4:351-353
Bracton's text 36:892-894 Arbitration
Common law and civil law in British Com-
monwealth of Nations 5o:1249-1274 Enforcement of arbitration agreements at
common law 46:1259-1261
Common law in the United States
50:4-26 Bills and notes
Cult of the judge in Anglo-American law History of the law merchant 38:957
47:1369-1371 Relation of suretyship to law merchant
Custom and the common law in Kent
38:957-959
38:487-498 Carriers
Development of civil law and common lawOrigin of carrier's liability I 1:158-168
compared 36:180-192
Germanic and Moorish elements of the Colonial law
Spanish civil law 30:303-318 Government of the British Empire 32:442
Historical trials 4I:410-413 Law in seventeenth-century Massachusetts
History of English law 40:333-335 47:1289-129I
History of Germanic private law 32:744 Comparative law
History of legal maxims 34:809-836 Account of French society of comparative
Holmes: the historian 44:712-716 legislation io:161-167
Interpretations of natural law 46:864-869 English society of comparat
Law developed by assimilation of material I0:240
from outside the law 36:642 History of comparative law 45:1027-10
Laws of earliest English kings 36:23r Influence of the study of comparative la
Method of legal history writing 35:892 upon the development of the legal sys
Napoleon and his code 32:114-134 tem 34:227
Origin of doctrine of election of remedies
26:715-719 Conflict of laws
Periods of creative activity 36:641 Acquisition of new domicil 49:594-596
Conflict of laws, I886-I936 50:887-896
Progress of law during last fifty years
50:1-3 Development of distinction between sub-
Public policy in the English common lawstance and procedure 47:316-317
42:76-102 Story's Commentaries - one hundred years
Roman and civil law elements of American after 48:15-38
law 49: 023-1025 --development o
Seldon's dissertation before
on Fleta
Story40:338-339
48:15-19

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HISTORY OF LAW 4I5
References in heavy-faced type are to LEADING ARTI
CASES. The figure in front of the colon refers in each ins

Constitutional law Judicial action by provincial legislature of


American constitutionalism and the theories Massachusetts I5:208-218
of M. Duguit 31:191 Making of the Constitution Act of t
monwealth
An early decision on intercolonial of Australia and devel
rights
i8:483-494 of government and constitutional law
Canadian constitutional law 32:582 thereunder 30:595-618
Changes in laws and allegiance of colonial
Meaning of "probable cause" when
New York 15:810-828 Fourth Amendment was adopted
Declaration of Independence 36:631-632 46:1307-I311
Development of technique of constitutional
Modified and overruled decisions of the
construction 36:652-654 Supreme Court 46:361-403, 593-637,
Early instances of declaring Massachusetts 795-811
laws unconstitutional 7:415-424 Moratory legislation and the contract
English settlements in America and nature
clause 46:1067-1068
of government 14:134-138 Origin of doctrine that cou
legislative acts void 7:129-156
Extent of executive functions and responsi-
bility of state for executive misconduct
Position of foreign corporations in Amer
36:352 can constitutional law 32:864
Freedom of speech in English-American
Public policy in the English common la
constitutional law 32:932-973 42:76-102
"Higher law" background ofRelation
American
between state and towns in Mas-
constitutional law 42:149-185, sachusetts
365-409 14:119-124
-America (colonial) 42:394 Sir Edward Coke and judicial review of
Adams 42:398 legislation 40:30-70
clergy 42:396 Source, meaning and object
Otis 42:398 of Independence 13:319-343;
- England 36:63I-632
Blackstone 42:405-408 Sovereign's priority in assets of debtor
Bracton 42:172-175 47:841-842
Coke 42:366-380 Supreme Court in United States history
Fortescue 42:180-182 36:II7-119
Henry II 42:171 Taney and the commerce clause
Hobbs 42:388 49:1286-1302
Holt 42:375 Tudor constitutional documents 36:767
Locke 42:383-394
Magna Carta 42:175-179
Contracts
Newton 42:380-383
Norman conquest 42:170 Consideration 2:1-19, 60-61; 8:252-264;
Tudors and Stuarts 42:365-375 36:191-192; 47:1238-1247
-Greece 42:153-157 - as affected by ignorance of impossibility
Aristotle and Plato 42:154-156 32:679-688
Demosthenes 42:153 Contracts in the local courts of medieval
Socrates and Sophists 42:154 England 40: 162- 163
Sophocles 42:154 Development of doctrine of n
6:184-186
Stoics 42:156
- Grotius and Newton 42:380-383 Fifteenth-century chancery jurisdiction
- Middle Ages 42:164-169 31:848-849
John of Salisbury 42:164-169 History of implied warranties in sales
Roman law 42:164-169 7:215-220
-Rome 42:157-163 Information from county court records
Cicero 42:157-163 42:665
- social compact 42:386 Origin and history of penal obligations
Historic basis for the contemporary con- 29:117-123
Progress of law as from status to contract
ception of due process of law 32:218-233
Historic basis of diversity of citizenship 46:553-558
jurisdiction 41:483-510 Corporations
Historical background of commerce clause
Business corporations before 800o
47:1337-1348 2:105-124, 149-166
History of annexation in United States
Corporate activities of government
I3:372-395 48:775-776
History of Thirteenth Amendment Corporations ininrela-
Roman law 2:106-107
tion to Insular cases 15:291-295, Dogma and practice in the law of associa-
297-301 tions 42:977-1014
History of town government in Rhode History of corporation l
Island 13:448-454,570-588, 638-650 I3:198-212, 26

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416 HISTORY OF LAW
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to

Extent
History of legal status of to which discovery
corporations was granted to
and
other group forms 30:678-686 aid trial at law 7:79-91
Fifteenth-century chancery
History of the development of the corporate
entity in early English institutions 31:834-859
30:561-588 Law and equity as double-h
Power of visitation 49:369-372 representing conflicting i
Statutory developments in business corpo- 47:940-942
ration law - I886-I936 50:27-59 Origin and development of assignment of
choses in action in equity 29:821-822
Criminal law Origin and development of discovery in
Acts interfering with state functions as mis- English Court of Chancery II:137-157,
demeanors 49:593-594 205-219; 12:151-156
Administration of criminalReception justice - the
into I887-law: influence of Lord
1936 50:616-653 Mansfield 43:6-13
Benefit of clergy and - rejection
the deathof Lord Man
penalty
48:1451-I452 43:13-24
Criminal responsibility for the acts of -results
an- of rejection of
other 43:689-723 views 43:24-28
Development of present-day Relief in criminal
equity pro-
on i
cedures in Europe and America 2:59-60
48:433-473 Revival of criminal equity i6:389-403
Legal and social aspects Treatment
of ofarrest
unfair competition
without a
warrant 49:566-592 47:461-462
Mens rea 45:974-1026 Evidence
Origin and developmentCompetency of criminal of witnesses
at- 9:1-12
tempts 41:822-837 Early conception of oath as mode of proof
Origin of rule of strict construction of penal I5:85-90
statutes 48:748-752 Early right to present writings as evidence
Rise of professional police 49:578-590 to jury 5:307-311
Substantive law of crimes - 1887-1936 Exclusion of similar fact
50:616-653 46:958-97
Domestic relations Granting permission to
Consequences of the annulment of a void-evidence to jury 5:318-319, 357-364
able marriage 43:109-113 History of the hearsay rule 12:79-84;
Defects in married women's reform acts 17:437-458
38:622 History of privilege against self-crimina-
How far ecclesiastical law of divorce is em- tion i5:610-637
bodied in the common law 30:283, 289 Looking backward an
Judicial controversy over separation agree- 50:897-936
ments 15:638-656 Numerical system of proof by required
Legitimacy and marriage i6:22-42 number of witnesses I5:83-108
Separation and agreements under earlyOrigin and history of expert testimony
English law 15:638-642 I5:40-58
Origin of rule requiring two witnesses to
Equity prove charge of perjury I5:106-108
Blackstone's treatment of equity 43:1-28 Origin of rule requiring two witnesses to
- in his lectures 43:28-32 prove charge of treason I5:100-106
Development of court of chancery Rule as to sequestration
from the of witnesses
king's council 33:129 I4:475-495
Development of jurisdiction to relieve Self-interest as basis for development
against penalties 29:123-129 20:425
Discovery in civil and canon lawFraudulent and in conveyances
ecclesiastical courts I :142-148 Common-law background of Uniform
Discovery in Massachusetts I6:110-125, Fraudulent Conveyance Act 46:404-409
193-208
International law
Early history and development of bills of
peace 45:1303-1312 Achievements of American diplomacy
Early history of English equity 30:16-17 I4:165-182
Early history of equitable Arbitration
relief8:107-110; I4:182-183
against
torts 38:844-846 Crime of piracy under the law of nations
Ethical character of equitable relief 38:336-338
histo
cally considered 22:106-113 Effect of war on private international law
Equity and individual fault 31:980-985
31:967-974 Experiments in international administra-
Equity of redemption 45:1279-128I tion 32:742

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HISTORY OF LAW 417
References in heavy-faced type are to LEADING ARTIC
CASES. The figure in front of the colon refers in each inst

Fifty years of international lawlegislation


History of moratory
50:394-448 46:1062-1065
International rivers 32:738 Mines and minerals
League of Nations and its problems
Fifty years of mining law 50:897-908
32:739
Municipal corporations
Legal analogies justifying belief in possi-
Development of American law 47:1144
bility of creation of international tri-
bunals 32:825-834
Partnership
Right of asylum in legations of United
Uniform Partnership Act 28:762-789
States 15:119-128
Jurisprudence Persons
Comparison of analytical Civil deathandat common law 50:969-970
historical
methods 36:633
Procedure and courts
Comparison of ideals of law from twelf
century to present 47:4-17 Administration of murder fine 36:156-161
Development of jurisprudence during Advisory
theopinions of English judges in re-
nineteenth century i8:271-283 cent times 13:358-370
Appeal of robbery or larceny t
Effect of natural law on present doctrines
36:634 property Ii:278-282
End of law: as developed in juristic thoughtCivil procedure: the pro
27:605-628 I918-I919 33:236-254
-as developed in legal rules and doctrines Conception of popular courts
27:195-234 conquest 5:46-47
Essays in the law 36:633-634 Conclusiveness of defendant's denial of
criminal contempt 4I:51-68
Evolution of theory of the state 31:187
Consent of criminal to trial 5:265-27
Fifty years of jurisprudence 50:557-582
Contempt of court 41:270-272
German and French doctrines of the state
31:1-185 County court of Chester 40:II62
Historical method not peculiar to juris- court rolls and county court records
County
prudence 36:633 43:1083-1110
M. Duguit's denial of Criminal procedure at commonand
the personality law
the sovereignty of the state 31:189 ii:290-297
Nature, origin and extent of law 33:1-3 Criminal procedure in France io:46-48;
Personality and sovereignty of the state iI:226-233
31:191 Date and authorship of the Statute of
Responsibility of the state in England Frauds 26:329-346
32:447-472 Declaratory judgme
Sovereignty in English law 8:243-251 Decline of murder fine 36:167-179
Defects in system of courts and in proced-
Jury
ure and suggested reforms 33:326
Control of jury by attaint and by granting Dickens as a legal historian 42:286-288
new trial 5:364-389 Doctrine that courts of one state do not
Elements of the right ofexecute trial by
penal jury
laws of another
31:671-675 46:195-197
Jury and its development Early history 5:249-273,
of king's courts I2:227-242
295-319, 357-388; Early23:123-131
jurisdiction of king over homicide
Methods of control by court 3I:680-690 36:146-148
Origin and growth of trial by jury
Early meaning in 5:257-258
of assize Eng-
land io:150-160 English struggle for procedural reform
Origin of jury in Norman Royal Inqui
39:725-748
tion 5:249-257 Federal injunctions against state officers-
Province of jury 31:675-678 historical background of Judicial Code
Trial by jury in mediaeval boroughs
? 266 of 47:798-810
England 15:701-706 Historical basis of distinc
Labor law and fact in jury cases 46:1086-1087
History of admission of attorneys to bar
Combination laws in England in the nine-
teenth century 17:511-532 3:238-240, 243-244
History
Half century of legal influence upon col-of attaint 5:366-378
lective bargaining 5o:1071-1089 History of the federal courts from the Civil
Labor legislation during the nineteenth cen- War to the Circuit Courts of Appeals Act
tury 33:329 39:35-81
History of judicial organization in America
Legislation 26:302-310
Doctrine of the History
equity of
of procedural a instatute
reform England
50:848-849 39:725-748

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418 HISTORY OF LAW
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to t

Torture II:220-233,
History of register of original writ 290-300
Trends212-225
3:97-115, 167-179, in business of United States Su-
Judges 5:369-370 preme Court- I825-1925
Judgment on the evidence notwithstanding 40:1112-1118
the verdict 32:711 "Trial by combat "- traditional methods
Jurisdiction of ecclesiastical of trial as reflectingto
courts ideal of individual
grant
letters of administration 48:911-915 freedom from regulation 47:931-934
Jurisdiction over crime in Middle Ages United States Judiciary Act of I925
I3:177-189 40:834-873
Jurisdiction over piracy: in America Utility of historical approach in teaching of
38:342-350 pleading and procedure 47:148-50o
- in England 38:336-342 Writ of error coram nobis 37:744, 774
Justices of the peace 39:792
Lex Murdrorum: an episode in Property
the history
of criminal law 36:146-179 Ambiguous use of "issue" in the Statute
De Donis
Narrative record in federal equity appeals 39:209-210
42:483-515
American and English mortg
New light on the old county court 4:1-14
Bailee's liability: early law II:160-165;
42:639-675
Notabilia of American civil procedure 20:297-298
50:1017-1070
Bankruptcy legislation in the United States
Note on county court rolls 43:1111-1118 15:833-843
Notice pleading 31:501-522 Causes which shaped the Statute of Uses
Older modes of trial in England 5:47-70; 26:108-127
io:152-159 Conceptions preceding the doctrine of quan-
Origin of murder legislation 36:148-156tum of estates 39:200-205
Policy behind murder legislation Confusion between choses in action and
36:164-166 property right in chattels held adversely
Poor persons proceedings: in England 34:721-725
36:363-381 Conveyances 7:464-77
- in the United States 36:381-390 Custom and the common law in Kent
Power to investigate and regulate court offi- 38:487-498
cers 42:104-106 Development of fee tail as estate of inherit-
Procedure for constructive ance 39:216 contempt
48:898-899
Development of
Procedure 29:501-520 cour
in mediaeval borough
England 15:691-706 Development of law of assignment of choses
Province of court and jury:in action
mixed 29:821-830
questions
of law and fact 19:477 Development of rent 11: 3-16
Reversals in Illinois criminal cases Development of rule against perpetuities
42:566-570 46:701-702
Development of wills in Norman law
Right of court to hear nullity suit in camera
27:88 43:510
Right of trial by jury and procedural re-Diminished importance of doctrine of seisin
forms 31:669-691 in early and later American law
Sacramental features of: ancient law and 34:725-738
modern survivals I4:509-524 Disappearance of primitive doctrine of
-citizenship in ancient law I4:513-517 seisin: effect of the Statute of Uses
Self-interest as basis of development 34:596-601
Disseisin: early law 20:563, 574
20:425
- origin and development of the doctrin
Statutory and customary powers of the
Exchequer and Star Chambers 37:644 34:604-624
Distinction between sovereign jurisdiction
Story of a notion in the law of criminal
contempt 41:51-68 and ownership of property 28:282-285
Summary trial for pettyDocking of entail: by by
offenses fine and recovery
justices
without jury in colonial times 39:219, 220
- Connecticut 39:941-944 -by warranty 39:217-219
- England 39:921-934 Dominion of owner over land 7:256-260
- Maryland 39:957-962 Early effect of doctrine of seisin on the law
- Massachusetts 39:938-941 of chattels 34:717-719
-New Jersey 39:949-954 Early law as to transferability
-New York 39:944-949 apart from possession 34:719-721
- Pennsylvania 39:954-957 Early law of descent of real property in
- Virginia 39:926-965 American colonies 37:645
Theory of the pleadings 32: i66, 179 Estates in frankmarriage 39:206-207

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HISTORY OF LAW 419
References in heavy-faced type are to LEADING ARTIC
CASES. The figure in front of the colon refers in each inst

Waters: influence
Evolution of the contingent of French law upon
remainder
28: I9 American law 33:133-167
Extension of the restraint on alienation in
the Statute De Donis to future genera-Statutes
tions by interpretation 39:210-217 Abridgments: Pulton's Penal Statutes
Failures of the Statute of Uses 39:470-473 35:522, 530
Fifty years of future interests -The Great Abridgment 35:521, 529
50:749-783 - Rastell's Statutes 35:521, 530
Forces leading to the Statute De Donis - Session Laws 35:522, 531
39:205-209 Collections: Magna Carta 35:519, 528
Forma doni 39:201-202, 207-209 -The Collected Session Laws 35:521,
Freedom of alienation in the thirteenth cen- 529
tury 39:202-204 -The Great Book of Statutes 35:520,
Gage of land in mediaeval England 528
I7:549-557; - I8:36-50
Nova Statuta 35:519, 528
Growth of testamentary disposition
- The Statutes 35:520, in 529com-
mon law iI:75-79 - The Statutes at Large 35:521, 529
History of the treatment
Effect of statutesof choses
on poor in
persons proceed- ac
in the common law 33:997-1030 ings in England 36:373-381, 391
Information from county court records English statutes of I895 9:439-446
42:662665 Information from county court records
Institution of property 49: 211-1212 42:658-661
Land under the early common law: village Session Laws: Richard III to Elizabeth
communities 29:251-258 35:522-527, 532-538
Livery of seisin in American colonies 3:133
Torts
Mediaeval law of intestacy i8:120-131 Fifty years of torts 50:725-748, 1225-1228
Natural communism in air, water, oil, sea, Historical development of law of torts
and seashore 47:425-457 2:3; 7:315-337, 383-405, 448-463;
Origin of doctrine of cy pres 8:69-92 31:954-979
Origin of doctrine of trespass ab initio
History of liability for damage done by fires
I :287-289
7:448-449; 31:961, 967, 970
Origin of pledge and mortgage Information from county court records
io:321-350, 389-401; ii:18-39 42:667
Origin of uses 8:127-137
Liability for damage done by animals
Possession 49:1087-1088 7:325-328, 449-452; 31:961, 965
Reaction toward free alienation after the
Liability of infants and insane persons
Statute De Donis 39:217-220 7:446-448
Reception of the Statute of Uses by Self-defense
com- in tort 7:323-324, 445-446
mon law 39:473-476
Reform of the Statute of Uses
Trusts
39:477-479
Remedies of creditors of deceased debtor at Fifty years of trusts 50:60-76
common law 4:103-105, 119-122, Origin of the trust 46:537
124-125 Trusteeship in moder business
Repeal of the Statute of Uses in England
42:1048-1061
39:480-484 Water law
Rights in running water 22:190-197 Fifty years of water law 50:252-304
the riparian and priority systems French law and common law 32:869
28:271-282
Seisin: early and modern use of the term
Common law actions
34:592-596 Action on case for bailee's negligence
Successes of the Statute of Uses 2:4-7
39:467-470 Actions for taking or detention of personal
Survivals of the primitive doctrine of seisin property iI:277-289, 374-386
34:602-604 Actions of replevin and trespass in the
Transfer of land in Old English law law 29:387-394
20:532-548 Breach of parol promise
Valuation of property 35:15-29 as deceit 2:11-16
-absence of authorities 35:26-29 Covenant in early law 6:399-401
- early authorities 35:15-19 Development of action of trover 3:31-34;
--pretiurn and valentia in early common ii:382-386
law 35:20-26 Early writs in trespass 3:29, n. I, 177-179,
Vitality of common law rule 217-219 of liabi
without fault: animals -whether based ontrespassing
possession
realty 32:420, 43I 29:513-520

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420 HISTORY OF LAW--HOMICIDE
References in heavy-faced type are to LEADING ARTICLES; in italic
CASES. The figure in front of the colon refers in each instance to the vo

Bill incon-
Effect of action on the case historically equity to
sidered 22:104-106 11:268,
History of action of detinue 3:33-34; Effect in equity
I : 375-382 foreclosure sale 30:650
History of assumpsit 2:1-19, 53-69; Exemption: property becomin
25:428-442 after debtor adjudicated ban
Nature of action of trespass de bonis 29:548
3:31-33; i :282-289 Homestead rights in land held
Necessity of privity to support action of ancy 40:321
account 50:1o001-002 Liability of
Old action of account 45:466-500 homestead,
Original character of debt 2:55-57 the convey
Origin of action for breach of warranty such a deed
2:8-10 23:65
Origin of action of replevin in:374-375 Marshalling securities to save homestead
Remedies of creditors of deceased debtor at 46:1035
common law 4:103-105, 119-122, Right of judgment creditor against home-
124-125 stead foreclosed to debtor's widow
Replevin in the early law for chattels taken 30:650
by thief or trespasser 29:378-394 Rights of minor children in equity 30:650
Trover for a conversion 49:1084-1086 Validity of husband's contract to convey
Whether appeals of larceny and robbery homestead 35:78, 88
were allowed to bailor against third per- What property is subject t
sons converting from bailee 29:503-513 cuted by husband alone 35:342
Writ of conspiracy 35:353 Whether judgment lien revives on sale o
homestead 29:225
Reports
Bibliography of year books 14:557-587
HOMICIDE
County court records 42:639-675 Nature of crime
English chancery reports down to I865
Intent
I5:109-117 Negligence
English common law reports from 1292 to
Defenses: provocation
i865 I5:1-25 Defenses: justification
Select cases before Suicide the king's co
Statham's, Fitzherbert's and Brooke's Locality of offenses
Abridgements of the Year Books 37:214 Omission to act
Year book reports and records See also Abortion, Constructive Trusts,
7:266-268, 276-280 Criminal Law, Evidence, Insurance, Mur-
Year book studies 40: 150o-z5 der, Negligence, Self-defense, Workmen's
Year books of Edward II 32:985 Compensation Acts.
Roman law
Nature of crime
Genesis of Roman law in America
22:579-590
Death caused by fright 24:323
Death from abortion I3:51
Growth of principle that will of emperorKilling unborn children I3:52I
has force of law 36:661
Necessity of fault 3 :969
History of maxims in Roman law
Possibility of accessory before fa
34:811-816 untary manslaughter 49:340
History of Roman private law 33:992 Responsibility for victim's suicide fol
Influence of Roman law: in the modern
ing assault 45:1261
world 3I:664
Simultaneous mortal wounds 6:374
- upon civil law and common
36:180-192
Intent
Resemblances between Roman law and
Accidental killing in attempted robbery
military law 32:349-373
36:222
Showing true nature of private law
20:606-619 Constructive murder 34:78, 89
HOLDING COMPANIES Effect of intoxication on specific intent
I1:34I
See Corporations, Public Utilities.
Intent to kill not coincident with kill
HOME OWNERS' LOAN ACT 33:6TI
See Corporations. Jury's power to decide 9:359
Liability of conspirator having committ
HOMESTEAD robbery for homicide committed by
Abandonment of the homestead by conspirators
the hus- after his arrest and dur
band 35:79 their flight 40:651

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HOMICIDE--HUSBAND AND WIFE 42I
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; a
CASES. The figure in front of the colon refers in each instance to the volume.

Mens rea, development of 45:995-998 Torts between husband and wife


Proof by evidence of criminal acts other Privileges and disabilities of coverture
than those charged 8:60 Wife's separate estate
Presumption of coercion
Negligence Criminal conversation
Accessory before the fact 40:321 Marriage settlements
Causal connection between the unlawful See also Adultery, Agency, Assault and Bat-
quality of the act and the homicide, kill- tery, Breach of Marriage Promise, Con-
ing while driving an automobile under flict of Laws, Constitutional Law, Con-
the influence of an intoxicant in violation tributory Negligence, Curtesy, Death by
of statute 41:669 Wrongful Act, Descent and Distribution,
Neglect to provide food 7:121 Divorce, Domicil, Dower, Estoppel, Evi-
Respondeat superior 41:398 dence, Fraudulent Conveyances, Gifts,
What constitutes criminal negligence
Legacies and Devises, Marriage, Privi-
12:428 leged Communications, Wills, Witnesses.
Defenses: provocation
Adultery I :58 Rights of wife against husband and in his
Cooling time 12:562 property
Mere words 8:233; I2:562; 27:89 Action by woman for services to supposed
Stealing by night 5:240 husband 2:186
Unwarranted arrest 9:359 -against estate of fraudulent husband
9:290
Defenses: justification Conveyance before betrothal, recorded after
Does person act at his peril 15:155 marriage 19:459
Duty to retreat from place of business Conveyance in fraud of intended wife:
35:88 - right to dower 14:452; 2I:632
Right to kill misdemeanant trying to escape -rights before husband's death I5:494,
after arrest 12:21I 496
Suicide Death duties affecting marital property
rights 43:293-297
Accessories before the fact I8:229 Defective execution of po
Effect on prisoner's liability I3:219 20:560, 579
Suicide and the law I7:331-341 Divisibility of interest
Whether suicide is a crime in modern law
against husband 34:214
17:566
Dower denied to slayer of husband
Locality of offenses
Effect of antenuptial agreement a
Death in one state resulting from injuries
vorce 29:88I
in another 21:143 Effect of divorc
Place where crime is committed
ance policy 20:498
7:239; 8:494; 11:55, 550; I5:419; Effect on wife's action fo
33:843, 863 husband's refusal to have
Omission to act
Negligent failure to perform contract with
mony performed 39:778
Husband and wife as statutory heirs
third person I6:297 42:330-364
Negligent omission causing death: in changes
suggested gen- 42:359
eral 16:297 Husband as natural object of wife'
Non-interference with wife's m
37:921
children and suicide 47:531 Husband's duty to support 35:466
HOSPITALS -wife living apart from him 9:488
Husband's
See Charities, Evidence, Physicians and equitable estate: merger in ten-
Surgeons. ancy by entireties 39:776
Husband's liability for use of wife's sep
HOTELS rate estate 8:362
See Innkeepers. Liability of husband's est
HUSBAND AND WIFE
alimony pendente lite 42:703
Marital property rights and the conflict of
Rights of wife against husband and in his laws 43:1286-1289
property Power of husband to make a
Rights of husband against wife and in her his right to her services
property Recovery by wife (beneficia
Rights and liabilities of husband as to band's (insured's) estate of
third parties
Rights and liabilities of wife as to third
made by insurer 43:964
Recovery of expenditures for necessarie
parties
24:306, 324; 25:473
Contracts between husband and wife
Restraining illegal divorce and remarria

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422 HUSBAND AND WIFE
References in heavy-faced type are to LEADING ARTICLE
CASES. The figure in front of the colon refers in each instanc

by husband in arrears statutory allotment to su


for support
47: 206 43:II53
Right of deserting wife 43:I309 Law of community property under Spanis
Right of wife as creditor against insolventcivil code 3I:1096
estate of husband I3:693 Right of bigamous hu
Right of wife to a house separate first wife 43:140
from that
of husband's mother 33:112 Right to alimony apart
Right of wife to gain title to husband's 25;556, 56
property by adverse possession 24:316 Right to an accounting
Right of wife to prevent alienation of ment of joint funds 42:580
homestead by husband 35:78 Statute giving the wife her earnings, e
of
Rights of wife in jointly acquired property 38:427
where marriage is void 41:401 When the pr
Right to widow's allowance 33:21 separate use by the husband 18:67
Support- antenuptial agreement to live Wife's acquisition of husband's interest in
apart until the husband completes his estate by entirety 23:405
education 41:925 Wife's earnings as community pro
Tenancy by entireties: application of38:429 doc-
trine to personalty 21:446; 33:983 Wilful slaying of spouse 49:724-735
-joint bank account-right of husband
to an accounting against wife 42:580 Rights and liabilities of husband as to third
- right of survivorship 39:776 parties
-rights of creditors of husband and wife
Action against wife's relatives for enticing
43:312 her away 17:574
Action for loss of consortium based on im-
-validity of sale of husband's interest for
support 45:588 plied warranty to wife 47:1443
Validity of statute Action declaring
for physical illness of wife propercaused by
spouses moving into publicationstateof libelous words
to 26:87 be com
munity property 47:131 Damages for personal injuries including the
What law governs the extinguishment value of of wife's
a nursing 20:415
tort claim by marriage of the Fallacy partiesof basing husband's liability for
44:1138 necessaries on " agency by necessity "
Where husband is beneficiary of a spend- 33:627
thrift trust 43:64-68 How far covenant by husband runs with
-claim of wife for supportland conveyed
from by wife 8:178; 9:434
spend-
thrift trust in favor of Husband husband liable 41:409
by law of domicil for neces-
Wife's action against husband barred at saries furnished wife elsewhere 33:14-15
forum although valid at situs 50:351 Husband not liable to solicitor employed
Wife's right to be mistress of home 6:262 to secure divorce by an adulterous wife
Wife's right to support when unable to ob- 38:83I
tain divorce on account of her own mis- Husband's insurable interest in life of wife
conduct 19:62I by reason of relation itself 23:57, 65
Wife's right under decedent estate law Liability of husband for legal services to
where husband created trust retaining use wife 12:435
for life 50:529 Liability of hu
Wilful slaying of spouse 49:724-735 separation 17:283
-when he allows wife sufficient for house-
Rights of husband against wife and in her hold expenses 22:56
property -when he has furnished he
Constitutionality of statute providing for 43:96I
computation of income tax on basis of Maintenance of insane wife in public
combined incomes of husband and wife asylum, liability for I9:217
45:740 Man induced by fraud to marry pregn
woman has action 10:241
Conveyance in fraud of intended husband:
right to curtesy 9:546 Married Women's Property Ac
on husband's
Death duties affecting marital liabilities for torts of wife
property
rights 43:293-297 21:631
Effect of legitimation -effect
of of, on husband's
child on action for loss of
husband's
right to curtesy 24: 46, 153 wife's consortium 24:501
Possession by wife as basis of ac
Gift causa mortis valid as against husband's
trespass
rights under distribution statute 26:86 by husband I4:389
Recovery by husband for selling opi
Husband's power to dispose of community
property 24:652, 675 wife Io:384
Husband's right to wife'sRecovery
services 38:421 by w
underin
Inclusion of foreign realty wrongful death statute 50:131
determining

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HUSBAND AND WIFE 423
References in heavy-faced type are to LEADING ARTICLES
CASES. The figure in front of the colon refers in each instance

Recovery for expenses tained


of future
by husband medical
and spent by her for
care of wife 43:661 necessaries in good faith 33:983
Wife's contract to indemnify surety on
Rights and liabilities of husband's
wife asbail
tobond
third
43:497
parties
Action by wife for loss of companionship Contracts between husband and wife
caused by negligent injury to husband Antenuptial agreement barring dower
26:74, 88; 35:343 7:122
Alienation of affections: defense of no affec- Antenuptial agreement to live apart until
tion 41:535 the husband completes his education
- necessity of malice 27:90 4I:925
- plaintiff's husband persuading Avoidance
partyof statute rendering such con-
I7:I97 tracts unenforceable 18:67
Consideration in conveyances between
Contributory negligence of husband driving
automobile not imputed to wife 33:313band and wife in fraud of creditors
Contributory negligence of husband to 33: 303, 316
whom automobile has been entrusted as -under Uniform Fraudulent Convey-
affecting wife's action for damage to the ance Act 46:412-419
automobile 43:502 Effect of Married Women's
Domicil of wife after husband's in various states on the p
insanity
20:416 to contract with her husb
Husband's creditors' rights in separate 643, 647
estate managed by husband 8:430; Effect of misconduct upon gifts received
10:250; 15:676 from a spouse 44:276-280
Liability for fraud of agent in sale of estate Effective relinquishment by the husb
by entirety 44:297 the wife of his right to her service
Liability of wife on contract to convey her 38:445
realty: statute making such conveyance
Emancipation with respect to work in hus-
invalid 29:553 band's business 38:426
Married Women's Property Acts: effect
Separation agreements: effect of
on wife's liabilitywife
for her
upon hertorts 21:63
rights under
Purchase of tax title by wife 26:553
agreements of insolve
debtor 42:583 --right to modify a dec
Recovery by wife for which loss adopted
of companio the ag
-validity opium
ship caused by selling 19:621; 24:323;
to 27:684
husban
- validity
26:74, 88 and effect in English law
Recovery by wife for loss of consortiu I5:638-656
-whether bar
due to negligent injury of to husband
divorce on ground of
35:343 desertion 29:331
Recovery by wife of damages for impaired Settlement made in pursu
earning power 9:473; I4:61; 38:439, ment: validity II:417;
634, 644, 647 Statute authorizing such c
Restraining paramour's use of wife's name to earnings which otherw
47:1205-I2o6 to the husband 38:642
Wife's right to sue husband on
Right of husband's creditor to charge the
profits of a wife's separately owned busi- 24:500
ness to the extent of salary paid Tortsthe between husband and wife
husband 30:85 Acts affecting property 43:1037-1041
Acts affecting the
Right of wife not supported by person 43:1041-1050 to
husband
sue for his death 24:32I At common law 43:1031-1035
Right of wife to enjoin attempts to alienate
Considerations influencing the courts
husband's affections 38:396 43:1050-1054
In equity 43:1035-1036
Right of wife to sue for personal injuries
where husband refuses to join 33:867
Liability of community personalty
Right to maintain action for alienation ofof husband 31:309
husband's affections 5:414; 8:507;
Liability of employer to wife
II:270; I2:I42; I3:49, 413; I7:282;
injuries caused by servant's
34:214 42:697
Married women's statutes
Statutory action against wife for family
expenses 16:596 Right of tortfeasor to contr
Subsequent annulment of marriage
another tortfeasor as a bar
in domest
to an action by the wife ship to against the hus-
plaintiff 47:241
band's parents for alienation of
Right to sue for affections
personal torts under
34:214 ried Women's Property Acts 38
Wife not liable for funds fraudulently ob- 385, 397

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424 HUSBAND AND WIFE -ILLEGAL CONTRACTS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES


CASES. The figure in front of the colon refers in each instance to the volume.

Seduced woman marrying seducer: -on contract


whether of suretyship 12:218;
action for seduction survives o: 188 2I:6I9, 631
Suggested solutions 43:1054-1056 Married Women's Property Acts: effect of:
Suit by administrator against husband -on
un- property and contracts 38:622
- on wife's separate estate 21:631
der wrongful death act where wife is sole
beneficiary 48:849 Restraint on alienation and devise to sepa-
What law governs the extinguishment rate use of married womanof 19:475
a
tort claim by marriageSeparate of the estateparties
created by allowing wife to
44:1138 use and invest money 9:433
Wife's right to sue husband for personal
What constitutes separate employmen
tort 28:I09 37:270
-assault II:479; 24:403; 34:676 Wife's cause of action her own property
- negligence 36:346 35:343
Presumption of coercion
Conviction of wife for receiving stolen
Privileges and disabilities of coverture
goods from husband 14:544
Admissibility of testimony of husband as
Development of 45:1011-1013
to non-access 37:916
Effect of Married'Woman's Act 34:89
Admission of husband joined for conform-
Origin of doctrine 36:232
ity not receivable against wife in subse-
Presumption applied to case in wh
quent suit 23:642
band is in prison 8:430; 15:234
Admission of one spouse as evidence against
Wife testifying against husband: presump-
the other 13:526; 29:332
tion rebutted 8:430
Competency of divorced wife to testify
against former husband 30:87 Criminal conversation
Consideration in married woman's contract See also Adultery.
32:683, 688 Adultery between husband and defendant
Dedication: whether married woman may as sole ground for recovery 9:156
be estopped to deny same Io:132 Adultery of wife as ground of revocation of
Effect of Married Women's Property Actsgift 17:202
on disability of one spouse to sue the Need of abolis
other 38:383, 1114 50:124
Liability of wife in trover between Relations for husband
goods ob-
and wife: how
tained under void contract II:48I proved 15:582; 37:916
-relation to husband's duty to support Right of wife to sue 32:576
35:466
-relation to Statute of Limitations Marriage settlements
9:487; I3:692; I7:6I Covenant to purchase and settle land ef
Possibility of separate domicils 34:786 ing equitable conversion i8:256-265
Privilege against testimony of party's "Intestate without having been married ":
spouses 46:1151-1152 phrase construed 8:119
Privileged communications
ILLEGALbetween
CONTRACTS spouses
46:1150-1151
In general
Ratification of wife's contract after disa-
What contracts are illegal
bility is removed 15:73 Effect of illegality
Strict construction of statuteSee
giving sepa-
also Arbitration and Award, Carr
rate rights 17:282 (Goods: limitation of liability; Pass
gers: limitation of liability), Corp
Wife's separate estate tions (Ultra vires: contracts), Husb
and Wife, Legislation,
Estate by entirety: acquisition of husband'sLotteries, Q
interest in estate by Contracts,
entirety Restraint
23:405 of Trade, Sund
-effect thereon of Married Laws, Usury,
Women's Wagering Contracts.
Prop-
erty Acts 8:507; 14:465; 18:395; In general
37: 66-6i9 Principle against violation of legal du
inheritance tax on husband's death the law of contracts 46:36-37
29:20I, 558 Uniform Small Loans Act 42:689-693
-whether judgment debt of husband be-
comes lien on land 24:154 What contracts are illegal
Husband's creditors' rights in separate Accident insurance against consequences of
estate managed by husband 8:430; criminal negligence 35:883
IO:250; 15:676 Action after repeal of Eighteenth A
Husband's liability for use of separate ment for price of liquor sold before
estate 8:362 repeal 50:834
Liability of separate estate on married Action by monop
woman's contract 7:240; 9:433; 12:218 itself 28:691, 710

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ILLEGAL CONTRACTS 425
References in heavy-faced type are to LEADING ARTICLES; in ita
CASES. The figure in front of the colon refers in each instance to the

Agreement as to value of goods


Contract in aidshipped
of monopoly, see Restraint
of Trade. liability
construed as contract limiting
21:32, 38 Contract involving breach of prior contract
Agreement between prospective heirs to 27:273, 281
share equally 45:I115 Contract not to disclose imparted infor-
mation of criminal
Agreement by officer of corporation conduct 50:693
to pro-
cure a contract from the Contract not to disclose libellous informa-
corporation
32:858 tion 46:I336
Agreement involving breach Contract
of prior con- not to s
tract 48:514 bunal of benefit society 31:1166
Agreement not to
Contract not to sue inof a
sue for pollution par
stream
and arbitration agreements 39:629 14:386
Agreement not to sue on a civil claim in- Contract not to sue one committing public
valid under certain circumstances nuisance 14:386
39:629 Contracts by railroad
Agreement to compound crime 39:629 pots 28:326
Agreement to pay county for special policeContracts for sal
protection 38:260 est in corporation 49:126-127
Agreement to sue in Contract certain to adopt--effect
courts only on innocent
29:88I child 49:644
Agreement which would result in violation Contract to indem
of foreign law 42:936 claims for libel 22:306
Alien residents, contract prejudicial
Contractto
to let for irreligious pur
6:47 31:289
Arbitration agreement: validity of an Contract to procure evidence, co
award thereunder 34:557 tion to be contingent upon suc
Arbitration as a condition precedent: suitin 33:984
insurance contract 8:505; I:I27 Contract to waiv
- review of authorities i :234-246 the fellow-servant rule 28:710
Arbitration as a condition precedent to Contracts
lia- to alter the rules of evidence
bility, arguments for validity 46:138-143
I I:246-248 Conveyance of all after-acquired property
Attorney contracting for large contingent 18:622
fee I6:594 Covenants against occupancy by particular
Attorney employed race 48:379-380 by stat
out of claims collected 9:285 Dealings in futures 40:638642
Attorney employed to prevent findingDetective
of bureau's compensation depend-
indictment 11: 19 ing upon success 26:553
Attorneys' fees for solicited Effect of business
NIRA upon preixisting contr
20:576 47:116-117
Bargain by attorney involving personal
Efforts to prevent lossre-
finding of indictment:
if result of appeal favorable covery of to client II:119
compensation
49:I376 Embezzled funds loaned to defendant
Bond of indemnity for not levying execu- 9:285
tion I5:23I Employer's negligence, contract to waive
Breach of existing contract:
claims for: when valid 5:94; 9:545;
cause same 21:290 10:387; 11:56
By-law of labor union involving
Employment expulsion
of union labor only I9:368;
for petitioning the legislature 35:333 20:69
Cessation of illicitExempting
cohabitation 27:90
railway for loss by fire due to
Clogging equity of redemption
railroad's negligence 26:742, 762
21:459-475 Exempting railway from statutory liability
Consideration illegal in part 11:27; for loss by fire 21:289
I2:283; I4:614; 21:549 Exemption of railroads from liability f
Contests and the lottery laws negligent injuries to Pullman employ
45:1196-1219 29:435, 458
Contract by bank to give security for de- Exemptions from liability for negligence:
posit 46: 340 in general 26:742, 762
Contract by husband to convey
Fire insurance homest
on building about to b
property 35:78 down as a public nuisance 21:
Contract by railroad Fire
to carry
insuranceat
on a discrimi-
property used in i
nating rate 22:58 business 23:635, 642
Contract for sale of goods secured
Incidental by of marriage
restraint
agreement to pay bonus to agent
Indemnity for costs of malicious p
21:541 tion 8:497

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426 ILLEGAL CONTRACTS
References in heavy-faced type are to LEADING ARTICLES; in italics t
CASES. The figure in front of the colon refers in each instance to the volum

Restraining alienation
Injunction to restrain ticket-scalpers sell-of stock 20:328
ing for illegal end 17:202, 495 Restraints upon free utilization of land
Insurance against death at the hands of 48:1253-1255
justice or by suicide 21:530, 542 Right of illegally entered alien to sue for
Insurance of enemy property by domestic wages 47:520
company I5:273 Sale of goods f
Insurance policy incontestable for
14:38I f
from date of issue 49:486 Sale of goods in furtherance of illegal agree-
"Knock out " agreement not to bidmentat gov- 22:435, 453
ernment auction 34:676 Scheme to disrupt ess
Lease framed to mislead tax assessors as to 32:433
rental 50:361 Secret agreement of third party to pay
Lease of dock for purpose of shipping creditor more than percentage offered in
liquor in violation of a foreign law bankruptcy composition to obtain as-
42:436 signment of claim 43:1148
Life insurance taken out by gangster Separation agreements between husb
49:837 and wife I3:607; I5:I47, 638-656;
Loans given to effect a preference 23:562 24:323
Loans secured to pay gambling debts Stipulation for attorney's fees in mortgage
1:256; I0:524 deed 14:159
Lobbying, control of 45: 241-1248 Stockholder selli
Long term contracts as to rates between 16:36
public service company and consumer:Trade union ill
whether valid 32:79, 88 25:465,
Marriage, contracts in restraint Validity of I4:614 of con
Marriage promise by party to tain divorce ac- business w
tion after entry of decree other nisi 49:648contract 47:140
Member of legislature acting Validity
as land agent of contracts to alter
between vendor and government rules of evidence 35:306
33:6II
Mortgage given as restitution Validity of gold clauses 46:1228-1233
in considera-
tion of attempt to secure Voting dismissal of
trusts of corporate shares
criminal proceedings 46:522 io:428-438; I5:756
Mortgage to secure contract to effect mar-
Wife's contract to indemnify surety on hus-
riage: enforceability I7:423 band's bail bond 43:497
Note given to bank to deceive bank Will, ex-contract by heir with an
aminer 38:241 to contest 8:427
Office-holder's agreement as to term
office 19:302 Effect of illegality
Officer selling influence Action for in corpora
breach of
16:366 45:I87
Ousting courts of
Agent jurisdiction: agre
not liable for negligence in the for-
mation of contract, where the contract
to submit to tribunals of mutual benefit
society 26:178 is illegal 34:432
-agreement to sue only in specified Agreement to reexc
forum I6:599 struments to evade
-provision for arbitration 14:70 31:3IO
-provision forbidding individual bond- Defense to purchaser under contract for
holder to seek receivership 44:1297 illegal sale 27:489
--submission to private tribunal 8:505; Extent of recovery on c
11:127 business containing ex
Performance involving tortious interference covenant 45:750
with other contractual relations 46: Indefeasible
58 title of winner at cards when
Private agreement of director with stock- stakes have been delivered 37:768
holder 27:282 Instances in which illegality will not defeat
Profits from gaming recovery transaction,
39:509 co
to divide 9:545 Justifies public ser
Promise to marry after to render public service 23:580-589
death of existi
wife 21:58, 369,447 Lien arising out of contract made on Sun-
Proper tribunal and method day of approach43:664
30:753, 770 Partial enforcement of indivisible covenant
Public work, restraint of competition not forto engage in business, where covenant
15:409 imposed excessive restraint 40:326
Release by servant's next of kin of claim Partnership for an illegal purpose
in case of servant's death I5:747 4I:65o-653

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ILLEGAL CONTRACTS -INCOME TAXES 427
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

Possibility of act being illegal at time to


Power oftax: jurisdiction
performance as rendering promise Power to tax: governmental instrum
illusory
42:829 talities
Purchaser under an illegal contract not What is income
bona fide 20:657 Gifts
Ratification of contract Corporate originally illegal
dividends and distributions
after removal of illegality 46:1340 Gains or losses on sales or exchanges
Recovery by employer for overtime work Reorganizations
done in violation of eight-hour law Who is subject to tax
13:222 When items become income or are de-
Recovery by parties to illegal contracts: inductible
general 26:738, 756 Exemptions
Deductions:
Recovery by third party on rightsdepreciation, obsolesence and
arising
from illegal contract 46:1029 amortization
Deductions:
Recovery of collateral securities: when al- depletion
lowed 9:286 Deductions: business expenses
Recovery of Deductions: illegally losses collec
sessed on proceeds Affiliated corporationsof gam
48:I439 Estates and trusts
Recovery of money paid in belief that con- Valuation
tract was lawful I7:62, 498 Collection and enforcement
See
Recovery of performance where the also Constitutional Law, Taxation.
illegal
consideration has failed 39:509
Recovery of proceeds in hands of agentIn general
26:374 Codification of income tax law 50:376-379
Income tax as a property not an excise
Relief not barred by unclean hands maxim,
if executory 35:755 tax 37:1-2
Scope of maxim " in pari delicto
Income melior est taxat
conditio possidentis " 26:738, 756 47:1251-1289
Subdeposit from deposit obtained by il- Income tax compared with succession tax
legal agreement 20:140, 145, 646 20:287
Where note given to bank without consid- Manuals of the taxes 36:904
eration to deceive bank examiner 38:241 Search for new sources of revenue-in-
Whether bars recovery for fraud 20:60, come taxes 47:503-504
72, 330 Taxes as debts under Bankrup
Wrongdoer subjected to damages but de- I898 37:380
nied recovery on contract 50:1320 Whether a dire
IMMIGRATION impost 9:198-211; 20:283-284, 285,
See also Aliens.
287; 39:890
Power to tax: in general
Federal contract labor law: general discus-
Computation on basis of combined incomes
sion : 525-535
of husband and wife 44:988; 45:740
Status of Filipinos for ofpurposes
Constitutionality provision for deduct- of
gration and naturalization 42:809-8r2
ing from taxable income of corporations
IMPEACHMENT amounts paid as dividends to residents
See also Witnesses. 38:404
American cases 26:699-705 Constitutional limitations on.the power to
Lex parliamentaria of England tax: developments- 1933 47:I209-1236
26:685-687 Discrimination against loans outside state
Monograph on the impeachment of the as violation of privileges and immunities
federal judiciary 26:684-706 clause 49:935-941
Federal corporation inc
Provisions of the Federal Constitution
26:687-699 563, 585
Removal of a judge by disbarment 41:99Federal taxation of all of the community
income to the husband 39:762, 778
IMPLIED CONTRACTS
Gain accruing on bargain purchase
See Contracts (Contracts implied in fact), 50:500-501
Quasi Contracts. Income from a revocable trust established
IMPUTED NEGLIGENCE before enactment of statute 42:958
See Negligence. Income from trust established before enact-
ment of statute revocable by settlor in
INCOME TAXES conjunction with non-beneficiary 46:717
In general "Income Tax " cases in Supreme Court
Power to tax: in general 9:198-211, 2I9; 13:138, 220

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428 INCOME TAXES
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to

Multiple
Income tax on profits of salesincome taxation 48:416-417
abroad not
a tax on exports 33:811-812 Nonresident citizens 38:285
State
Limitations on doctrine of disregarding income tax on income of residents
cor-
derived elsewhere 33:8
porate fiction in taxing income of corpo-
rations 34:586-591 State income tax on nonresiden
Modern problems of federal income taxa- I8I
tion State income tax on person domiciled in
39:790
Narrow state less than a year of
conception 38:289-290
scop
Amendment 47:646-652 State jurisdiction of income for tax pur-
- capital gains 47:651 poses 44:1075-1101
- dividends 47:650 Taxation of income of nonresident alien
- graduation of tax 47:651 48:416-417
- income from exporting 47:652
-salaries of federal judges 47:648-649
Power to tax: governmental instrumentali-
- state and municipal securities ties
47:648-650
Commissions of special investigator of de-
Person dying before the passage of the law
30:I93
linquent state taxes 44:659
Constitutional exemption of employee
Power to levy income tax on salary of judge
43:3 8
state from federal taxation 38:793
Constitutionality of federal income tax
Salaries of federal judges under the Six-
upon profits from resale of municipal
teenth Amendment 34:70, 85; 36:479
Sixteenth Amendment: federal income tax
bonds 44:651
Constitutionality o
as indirect 29:536, 558
deduction of inte
-history of and reasons for its adoption
33:794-798 to purchase exem
Federal taxation on
-judicial construction 33:809-812 - income of exam
- proposed income tax amendment to the court not within exemption 41:667
Constitution 23:49
Immunity of salaries received from govern-
- sources of income free from tax prior to
mental enterprises 50:980
Sixteenth Amendment 33:794-796
Power of Congress to tax income on
Taxable stock dividends 50:334-337 bonds and salaries of state officials
Taxation of family income on unitary basis
33:794-812
49:772-773 Profits derived from contract with a state
Validity of graduated rate under Constitu- 39:768
tion requiring levy of property taxes ad
State excise tax measured by net income
valorem 46:339
from federal bonds 42:444
Validity of graduated rate under uni
State excise taxes measured by income f
ity clause of state constitution
federal instrumentalities 43:280-285
48:I35 State taxation of income from leases of In-
Validity of income tax on a corporation en- dian lands 35:889
gaged in export trade 30:77, 82
Windfall tax provisions 50:477-489
What is income
Power to tax: jurisdiction Alimony 31:494; 48:8I9-820
Amount paid under covenant to pay
Allocation of income by intercorporate con-
tract 44:935-953 as income of the covenantee 4I:8oi
Application to incomeAnnuity
tax of contract -acceptance of
doctrines of life in
terest
jurisdiction developed in in trust in lieu of dower
property and as purchase
inheritance taxation 47:636-637 of annuity 44:1298
Appreciation in value occurring before Appreciation in value of p
stock was held by resident come 34:536, 564
49:770-772 Basis of computation on gifts 4I: Io
Congressional avoidance of multiple taxa- Betting gains as income 39:274
tion of foreign investors 47:3I4 Bonds of purchased corporation redeemed
Graduation with reference to extrastate fac-
at less than par 47:709
tors 49:768-770 Calculation of income of minin
Income of nonresident from sale of right
27:289
to seat on local stock exchange 50:704 Capital increment as income
Income yield from transferable certificates 34:781; 37:3-14
of domestic and foreign land trusts Contract to pay income to a th
49:159 39:91-97
Jurisdiction to tax income as affected byCorporate bonds repurchased by
change of domicil 35:876, 889 ration at less than par 45:744
Creation of credit as income 38:263
Jurisdiction to tax intangibles 47:636

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INCOME TAXES 429
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Deduction allowed cooperative for earn- Supreme Court's apparent a


ings returned to patrons 50:1321 a definitive concept of tax
Deduction by trustee of losses resulting 45:1072-1077
from liability for improper investments Taxability of grantor of trust on income
50:362 paid to him for support of minor chil-
Deduction of expenses incurred in earning dren 48:I026
tax-exempt income 50:987 Taxation of unre
Deductions: computing cost to railroad Three of possible cr
transporting men and material for new
construction 50: 132 Gifts
Discharge of a debt of taxpayer 39:92-93
Distributions by trustee to widow in lieu
Capitalization of
gift 34:20-49
of dower or statutory share 47:1280
Legacy to executors
Federal under-maintenance allowances paid
after termination of federal control treated as gift 38:287-288
Periodical payments by gift under
47:1264-1266
pothesis that gifts are not taxabl
Forfeited stock subscriptions 50:697
come 34:45-47
Gain accruing on bargain purchases
50:500-5i I
Taxation of gifts
Whether mineral loc
-by employees 50:50o-504
-by shareholders 50:509-511 ernment-owned l
-by underwriters 50:504-505
-in reorganization 50:505-509 Corporate dividends
Improvements by lessee as income of Cash
lessor dividend check
47:1268-1269 pursuant to stockh
Income under Federal Revenue Act 37:2-3 45:590
Interest included by mortgagee in calculat- Computation of income on the sale of stock
ing amount of bid at foreclosure sale rights 44:297
47:126I Corporate personalit
Money received as reimbursement for loss 34:573-5
43:962 Effect of impairme
Money to which the taxpayer is immedi- corporate surplus n
ately entitled but which the obligor with- upon distribution 47:1263-1264
holds 39:86-91
Income from corporate dividends
Omission from return as basis 35.:363-392for esto
50:503-504 Personal service corporations 34:575
Payment of debt at a discount Return on full-paid and passbook stocks
47:1258-1260 of building and loan association as de-
Payments to taxpayer by promises to pay ductible interest or dividends 47:522
in the future 39:84-85 Right to subscribe to stock not income
Payments which the taxpayer is able to 37:9
receive at once 39:83-85 Sale of assets of a liquidating corporation
Periodical receipts as income: American law 34:590
34:32-44 Single payments by gift 34:23-27
-English law 34:28-32 Stock dividends: as income 3I:787, 805;
Principal - quantum or res?33:885-901; 46:776-794 34:307; 36:Io32; 37:7-14
-- is of
Proceeds of insurance for loss there profits
a rational distinction between a
46:855 cash and a stock dividend 35:378
Stockholders and
Proceeds of " use and occupancy" the Federal Income Tax
insur-
ance 47:1262 37:1-14
Proration of bond premiums
Surtax on undistributed profits a
to the adoption of the 50:332-344 Sixteen
ment 45:1116 -dividends in kind 50:339
Purchase by mortgagee for princip
- dividends in obligations of corporat
accrued interest of foreclosed 50:337-339 prop
worth less than principal 50:988 - relief provisions 50:339-344
Receipt of property as income 39:82 -stock dividends 50:334-337
Rental value of building space occupied by Taxability of stock redemption or cancel
owner made to vary inversely to amount tion as dividend 49: 344-1350
of rent received from other tenants and Taxation of corporations formed to evade
not taxable unless depreciation and ex- surtax on stockholders 34:576
pense deductions are claimed Taxation of dividend not involving gain
47:1262-1263 to stockholder 35:367-376
Separation from capital as a requisite ofTaxation of dividends paid in stock of a
income 35:376-392 other corporation 35:382-392

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430 INCOME TAXES
References in heavy-faced type are to LEADING A
CASES. The figure in front of the colon refers in each

Taxation of intercorporate dividends


-whether income of
35:378-382, 391
signment 45:589
Assignment of husband
Gains or losses on sales or exchanges 47:1273-1274
Ascertaining whenAssignment of net income
property from rents to
subject and
future interest is "acquired" in deter- profits 41:675
mining capital gains 49:462-466 Assignor of future
Capital gain from sale of stock dividend 50:I34
Association of subscribers to inter-indem-
40:905
Capital gains and losses under Revenue Act nity insurance plan 40:492
of 1934 49:262-287 Business trusts 33:118, 705
Capital gains: computing Commissions earned by
holding period in firm and
transfer at death 49:484 partner's order as firm income
- computing two-year periodComputation
to qualify of tax of person w
sale 47:1272 during course of his tax year 3
Division of income to reduce taxes - recent
-cost basis of property acqui
quest, devise or decisionsinheritance
of the Supreme Court
47:1270-1271 43:1282-1286
- cost basis of property sold by securingEffect of loan by trustee to exempt bene-
tenant by the entirety 47:1270 ficiary to avoid income tax 36:491
- sale by corporation acquiring land in Federal
re- taxation of all the community in-
turn for substantially all of its shares come to the husband 39:762, 778
Income received from irrevocable trust in
47:1272
-time of acquisition by vested and con- satisfaction of settlor's legal obligation
tingent remaindermen 47:1271-1272 48:815-821
Computation of loss in the sale of prop- Income resulting from contract made by
erty purchased before March I, I913 corporation for benefit of shareholders
37:271 47:1274-1275
Exchange of property for all the stock of Liability of foreign corporation to income
a corporation as a realization of its in- tax 20:234
"Massachusetts trusts" 38:288-289
crease in value 40:784
Exchange of stock through medium Ostensible of
loans by subsidiaries as tax
cash
dividend and stock right income of parent corporation 45:39
in corporate
merger 43: I57 Partnerships 33:889; 34:573
Taxability of wiping
Liquidation completely husband on community out i
erty 44:652
ment as causing deductible capital
Taxation of business trusts as associations
46:529
Partial surrender of holdings47:1279 of pre
Trustee in with
stock in connection bankruptcy for tax levied after
recapitaliz
46:338the adjudication 35:879
What constitutes What constitutes residence
realization of capita of c
for purpose of taxation
on exchange of property, on 39:125
credit
on sale of stock issued as stock dividend When income to come due is transferred
37:3-14 39:91-95
Reorganizations When items become income or are deduc-
Reorganization: definition 47:1285-1287; tible
49:505-506 Accrual accounting: uncertainty of receipt
-a riddle in the revenue acts 49:290-297 or of right to retain 47:1252-1254
-effect of sale of securities received when
Accrual of interest due only when surplus
different reorganization provisions were arises 47:1255
in force 47:1287-1288 Accrual of loss on
-necessity of business purpose
breach of contract 47:1256-1257
48:852, 1035
Claim to payment in future instalments
Exchange of securities on reorganization of 44:468
a corporation 34:576 Construction contract requiring mainte-
Federal income tax: definition ofof"completed
nance reorgan-work for a period of
ization" 45:648-667 time 42:706
Reorganization of corporations
Constructive and taxa- re
bility of stock issued 37:11-14 47:1251-1252
Deduction of reserves against contingent
Who is subject to tax liabilities 47:1255-1256
Improvements by lessee as inc
Allocation of income by intercorporate con-
tract 44:935-953 47:1268-1269
Assigned contractual Interest
right credited
toto receive
dividends by life in-
money

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INCOME TAXES 431
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

surance company as not "paid or ac- Income tax accounting: b


crued " until actually paid out 47:1255 capital outlay 47:669677
Receivership as warranting shareholder's Payment by mine lessee of insurance
claim of loss on stock 47:1257 in excess of coal actually removed a
Sale of stock at a loss to be paid for intal
in- investment or expense 47:126
stallments 47:1257 Deductions: losses
Stock of steel parts, purchased at "incurred
Deduction for losses low cost,in trade"
sold and replaced at high cost 43:142
under the
Taxability of reserve funds set Income
aside Tax for
Law of I913
34:220
maintenance of completed work required
Deduction for losses incurred in " transac-
by contract 42:706
When is income realized? 46:933-953 tions entered into for profit "- reim-
bursement of dependent for stock losses
Exemptions 45:188
Deduction for loss on securities of another
Cooperative printing company as business
corporation distributed as dividends
league 50:1321
Effect of doing nonexempt business 45:1262
Deduction for loss on worthless property in
47:1278
absence of sale
Exemption from federal by owner 45:189 inco
corporate
Deduction of corporate losses from con-
tax of mutual insurance company doin
trolling stockholders' taxable income
other business 47:36I
Municipal housing corporation as civic or- 44:467
Redemption at premium before maturity of
ganization 47:1278-1279
bonds sold at discount by issuance of new
bonds
Deductions: depreciation, obsolescence and 47:1260-1261
amortization What expenses are ordinary o
Issuance to old bondholders of bonds of 47:I264
Affiliated corporations
reorganized company of greater principal
amount as issuance at discount subject Affiliated corporations: carrying forward
to amortization 47: 26I losses of subsidiary against group income
Obsolescence of good will due to immi- 47:1282-1283
nence of national prohibition - gain 43:835
or loss in intercompany dealings
Rehabilitation of railroads made necessary 47:1283-1286
- test of
by disrepair during federal control affiliation 47:1282
- ef-
Taxation of "affiliated corporations"
fect of payment of federal under-mainte-
nance allowance 47:1264-1266 34:576; 44:298
Estates and trusts
Right of successor corporation to continue
Accumulations in trust credited to separate
amortization of discount at which prede-
cessor sold bonds 47:1260 subsidiary trust 47:1280-1281
Grantor of trust not revocable without no-
Special assessments for street improvement
tice prior to taxable year 46:523
as an element in computing depreciation
allowances 45:745 Income from a revocable trust 39:97, 100
Income of trust applied to payment of in-
Deductions: depletion surance premiums on settlor's life
Allowance for depreciation caused by min- 47:1276-1278
ing ore in a leased mine 30:526 Revocable trusts for benefit of third per-
Deduction for depletion before existence of sons 47:1275-1276
Right of trust benef
mineral ascertained 48: I25
depletion of trust
Depletion allowances against income from
oil and coal leases 47:1266-1268 Sale of capital asset a
trustee
Oil lease under local law constituting a or beneficiary 47:1279
Taxation of income from a revocable trust
sale of oil in place as capital conversion
47:1266 42:958
Taxation to settlor of income from irrev-
Right of mine trust beneficiary receiving
whole annual net yield to depletion de- ocable trusts used to pay life insurance
ductions 47: 267-1268 premiums 47:137
Terminable rights to the inc
Deductions: business expenses erty held in trust 34:40-44
Trust
Cost of developing oil well as of partnership
charge to interest and properties
capital or expense 47:1268 created by partner 47:Z27.5
Trusts 33:889
Cost of negotiating leases 47:1269-1270
Valuation
Deduction of donations to employees' pen-
sion fund 40:328 Conclusiveness of 1929 stock exchange
Expenses of criminal prosecution resulting
prices as evidence of " fair market value "
from illegal conduct of business 43:66i 48:685

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432 INCOME TAXES -INDUCING BREACH OF CONTRACT
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type t
CASES. The figure in front of the colon refers in each instance to the volume.

Valuation of inventory for computationSale


of of liquor to Indians forbidden:
tax 43:142 whether constitutional 8:504; 11:414
Statutes relating to Indians 2:174-179
Collection and enforcement Regulations governing their treatment as
Board of Tax Appeals 45: 222 international law 35:352
Conviction for false return as bar to civil
INDICTMENT AND INFORMATION
action for penalty 47:1438
See also Constitutional Law, Crimin
Desirability of longer period of limitation
46:952-953 Grand Jury.
Election, estoppel and related matters in
federal taxation 48:1281-1333 Finding and filing
Constitutionality of statute dispen
Judicial determination of the validity of a
with grand jury on plea of guilty
federal tax before payment
29:326, 333
45:1221-1226
Constitutionality of statute requiri
Meaning of "return" necessary to start
Statute of Limitations on retroactive tax dictment to be found in neighboring
county 20:404, 412
48:858
Effect of presence of e
Penalties not recoverable against bankrupt
grand jury room 23:483
estates 37:380
Effect of presence of stenographe
Running of limitations period u
jury room I:411; 12:281; 28:326
claims 47:1286-1289
Examination of accused before grand jur
Satisfaction of duty to pay alimony as in- 22:60
come of husband - collection upon hus-
Indictment found by grand jury from which
band's bankruptcy 48:820-821 court had excused certain members of
Set-off of claims barred by limitation
48:1321-1325
panel on its own motion 33:866
INDEMNITY Information: wider use desirable 8:424
Judicial discretion in filing of ex oficio in-
See also Agency, Damages, Executors and
formation 36:204, 219
Administrators, Insurance, Subrogation,
Resubmission to a grand jury
Suretyship, Trusts.
made an invalid indictment 36:223
Contracts of indemnity and the statute of
frauds 41:689-708 Validity of indictment based on hearsay
testimony 28:326
Contribution and indemnity between joi
tortfeasors 45:349-355 Sufficiency of accusatio
Demand on maker of lost note without ten-
Bank notes described as money I5:I57
der of bond 20:566, 571 Conviction for felony not charged in in-
Inchoate right of indemnity arising on in-
dictment 45:934
solvency of principal 37:506 Indictment capable o
Indemnity for liability for a tort committed from what intended 8:4I7
at another's request 22:131, I45; 38:397 Indictment under statute repealed
Legislative efforts to distribute loss between enacted 13:606
joint tortfeasors 45:369-375 Necessity of allegat
Right of agent to demand from principal in indictment for
for erroneous foreign judgment against without a license 33:867
agent I6:594 Objection to lack of essential a
Right of one tortfeasor after judgment 20:573 to re
party primarily responsible 34:215 Proof of two overlapping con
Joint wrongdoers: parties not in pari delicto indictment for one 48:515
28:636 Proposed test: does it enable the
INDEPENDENT CONTRACTOR
to prepare his defense 24:290-297
See Agency, Negligence, Torts. When necessary to negative exception in in-
dictment under statute 12:281
INDIANS
Law relating to tribal Indians in Minne- of counts and offenses
Joinder
sota 13:298 Count charging mailing of 500 lett
Power of federal court
intent to defraud 17:204 to
in trust for Indian allottee 37:387 Joinder of rape and robbery 48:5Io
Power of government agent to collect tax Joint indictment for practising medicine
levied by Indian tribe I8:314 without a license 29:334
Relation of Indians to the United States and Several crimes charged in separ
to the several States 2:167-179; 25:733, under New York code 7:435
740
INDUCING BREACH OF CONTRACT
Restrictions imposed on land purchased for
Indian by Secretary of the Interior See also Labor Law, Torts.
39:780 By declaring holiday I7:63; I9:68

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INDUCING BREACH OF CONTRACT -INFANTS 433
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain t
CASES. The figure in front of the colon refers in each instance to the volume.

Control of religious education of child un-


Contract between principal and agent
37:509 der English law 29:488497
Contract not to sell a chattel 21:451 Effect of emancipation by infant's d
Contracts with rival unions 46:125-132 on payment by foreign guardian
Employee's attempt to make individual 43:660
contract as interference with collective Emancipation of infant by marryin
agreement 48:637 establishing separate home I9:2I5
Enforceability of subsequent contract Infant legatee: whether in position of cestui
against party inducing breach of prior que trust I9:383
contract-effect of agreement to in- Jurisdiction to dete
demnify 48:514 dren 4I:647-65o
Extension of tort to intentional interfer- Liability for assessme
ence with expectation of a gift stock 48:678
48:984-985 Liability to assessm
Inducing anticipatory breach 44:306 national bank 43: 1150
Inducing modification of contract by threat Opposition of ward no bar to
of boycott 42:960 guardian for property sold by
Injunction against injury to contract right 22:453
by third party 31:10I7, 1038 Parent's liability on breach of agreement as
Interference with contract relations to custody of child 29:338
41:728-763 Persons entitled to custody of infant
Liability for constraining plaintiff by threat II:343; I3:684; 25:478
of wrong to break a contract 25:96 -- constitutionality of Juvenile Court Acts:
Liability of directors and other agents for general discussion I9:374
procuring breach of contract Persons liable for burial expenses o
48:298-302 13:306
Of negative contract 39:749, 780 Power of equity to sell infant's pro
Pledge of corporate assets in violation of 42:56-59
covenant in debentures 49:628 Restriction on religion in a gift
Trust for maintenance of infant: when
Relationship to equitable liability of strang-
ers to a contract 39:749 terms may be violated 14:75
Remedies for passing off defendant's goods
through plaintiff's exclusive Contracts
dealersand conveyances
45:940 Abatement in purchase price of land at ex
Tenant holding over causing breach of con- pense of infant, sale having been ratified
tract between succeeding tenant and his by court 23:473, 484
assignee 38:991 Adult's right to follow property
Validity of contract made to cause the ceeds after disaffirmance II: 99
breach of existing contract 21:290 Appointment of agent: whether void or
What constitutes justification for 39:749, only voidable 11:340; 23:145
780 Avoidance by executor of infant's surrende
When not actionable 20:656; 34:441; of insurance policy I5:86i
38:115 Avoidance of contract during minority
Wilful and negligent acts causing third per- I5:585; 3I:879
son to break contract with plaintiff Bill for cancellation in aid of avoidance
31:o121 35:340
" Yellow dog " contracts 50:1079, Deduction for expenses on avoidance of in-
1082-1086 surance policy 17:574
INFANTS Effect of disaffirmance by infan
Custody, property, and maintenance on surety's liability 12:437
Contracts and conveyances Effect of disaffirmance of mortgage
Torts
1I:I99; 14:388; I5:494; 16:307
Crimes
Effect of English land legislation of 1925
Actions for injuries to infant upon conveyances to or by infants
Unborn children 40:281-283
See also Adoption, Adverse Possession, Effect of false representations as to age
Agency, Bills and Notes, Contracts, Con- 20:238
tributory Negligence, Dangerous Prem- Enjoined from breach of contract
ises, Divorce, Guardian and Ward, Limi- 20:64, 72
tation of Actions, Negligence, Parent and Estoppel of infant by unintentional mis-
Child.
representation 39:275
False warranty by infant: effect
Custody, property and maintenance ance policy I5:739
Control of religious education of child in Fraud as estopping disaffir
the United States 29:497-500 riage contract 47:356

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434 INFANTS -INHERITANCE TAXES
References in heavy-faced type are to LEADING ARTICLES: in italics to NoTES
CASES. The figure in front of the colon refers in each instance to the volume.

Infant trustee compelled to perform Liability,


trustdevelopment of defe
33:484 45:1007-1010
Lack of mutuality of remedy as Study
defenseand
to aid of juvenile del
infant's suit for specific performance 36:907, 908
46:724 Actions for injuries to infant
Liability for money borrowedSee foralso
neces-
Contributory Neglige
saries 43:498 Binding effect of election to
Liability for necessaries Workmen's in Compensation
quasi co A
7:72-73 Decreased earning capacity as
Liability of partnership when one partner damages 15:76
is an infant 8:361 Degree of care requ
Liability on note given for necessaries 17:564
37:II33 Effect of compromis
Liability on note given in settlement of a 12:218
tort 37:II33 Effect of contract made with reference to
Necessaries, liability Workmen's Compensation onActexecu 31:897
for 26:455 Effect of contributory negligence: " turn-
Negotiable instruments: table cases" I :349-373, 434-448; liabi
I2:566 12:206
Priority in bankruptcy of infant's claimEffect of misrepresentation as to age as
after avoidance of contract 2 I: 142 affecting right to recovery under child
Ratification by infant without knowledge labor law 30:528
that contract is voidable 29:452 Employing child under
Recovery on quantum meruit for services child-labor statute: lia
rendered under contract by which de- injuries if child obtaine
fendant supported infant as member of misrepresentation of
his family 23:226 Evidence of personal ab
Return of consideration whether after avoiding guilty of cont
con-
tract I7:6o 32:434
Right of infant Fellow-servantto rule: application
recover to children
I2:63; I3:528 17:562
Unborn children
Right to avoid contract without returning
consideration 34:436 Child en ventre sa mere as " surviving"
Right to specific performance upon attain- 48:1235-1237
ing majority 39:785 -when considered born 9:349; i6:6ox;
Rights and liabilities of an infant partner 19:624; 20:651; 34:550
40:472-476 In property litigation- recent legislation
Sale by infant of chattel acquired under 48:IooI-Ioo8
purchase-money mortgage as a disaffirm- Injuries to unborn children as crimes
ance 44:469 I2:209; I3:521
Specific performance Rights of posthumous againstchildren under
a
ployee of a contract damage laws not I9:64 to co
a term of employment 41:786 Rights of unborn childre
Theory of consideration in contracts with
12:209; I5:3r3; 26:638, 657; 34:549, 558
infant 32:686 Testamentary gift to class: when includes
Time for disaffirming child en ventre sa mere 21:360,
convey 369
I5:749 INHERITANCE TAXES
Torts
In general
Contributory negligence - custodian's neg-
Power to tax: in general
ligence as imputed to child 47:874 Where property may be taxed: in g
History of early law as to liability in tort Where property may be taxed: tan
7:447-448 Where property may be taxed: int
Liability for deceit in procuring contract by bles
misrepresenting age 14:71 Retroactive taxes
Liability for tort arising in connection within contemplation of death
Transfers
contract I5:584; 28:521 Property subject to tax: in general
Liability of infant principal for tort
Deductions of his
and exemptions
agent 44:1292 Collection and enforcement
Right to recover See also for prenatal
Constitutional Law, Taxation. in
46:344
Crimes In general
Effect of instruction that liability begins at Estate and succession taxes: developments
age of eleven 7:435 - I933 47: r236-I25I
Effect of the juvenile Federal court 23:104-122inheritance tax a
Juvenile courts 39: o09 able from residue 33:322, 576

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INHERITANCE TAXES 435
References in heavy-faced type are to LEADING ARTICLES; in ita
CASES. The figure in front of the colon refers in each instance to the

Nature of death taxes 31:919-926; 38:80p;


Foreign personalty 24:573, 586;
43:727-728 31:920-922; 33:582, 616, 840, 870;
Nature of inheritance tax on foreign held39:250, 266
personalty 39:252 Nonresident partner's interest in local part-
nership
On transfer of possession realty 30:90
or enjoyment
32:88,624-635
State inheritance tax on decedent's con-
Present federal inheritance
tracts to sell tax
foreign43:728-730
realty 45:392
Reciprocal and retaliatory
Tax by state tax statutes
of domicil on distribution
43:641-646 therein of proceeds of foreign land
The search for new sources of revenue- 39:78I
inheritance taxes 47:503-504 Taxation of real estate equitably converted
Whether direct tax 13:220; 39:891 29:343
Validity of inheritance tax on personalty
Power to tax: in general
in another state 39:250, 266
Bequest to municipality: whether subject to
United States succession tax 17:139 Where property may be taxed: intangible
Constitutional limitations on the power to Choses in actions: place of taxation of suc
tax: developments - I933 47:1209-1236
cession 10:244; I5:864; 16:522;
Constitutionality of death taxes
31:922-926; 38:286-287
43:730-734
Federal estate tax on securities owned by
Constitutionality of state taxes 8:226,
232, 358; 12:I27; 31:335-339
nonresident 46:524
Inclusion of nonresident's i
Estate tax limiting deductions on estates of
gross estate in computing
nonresident aliens 48:503 Intangible property owned by
Federal estate tax and due process clause
aliens 47:311-314, 1222-1223
45:156-I60
Graduation with reference to extrastate Jurisdiction to tax intangibles 43:792-797
Multiple taxation of intangibles
factors 49:764-768
45:777-792
Inheritance tax: United States Act of I898
Nonresidents' life insurance policies
13:220; 15:864
20:423
Intangibles: constitutionality of exemption
Registered bonds of the taxing state kept
of nonresidents 37:625
by nonresident
Rate of tax on estate of nonresident based at his domicil 29:I07
Shares of joint-stock company held by non-
on amount of property abroad
33:582, 6i6
resident 25:393
Spurious and genuine conceptions Shares of stock 45:782
in the
constitutional law of estate taxation --in foreign corporation owned
47:652-659
resident decedent 38:291-293, 809
-gifts in contemplation of death --in unincorporated associations held by
nonresident 38:809
47:656-659
-jurisdiction of Federal Government to - what states have jurisd
38:809
tax intangibles 47:634-636
- retroactivity 47:652-656 Situs for inheritance ta
42:720
Where property may be taxed:State inheritance tax on bonds located in
in general
Deceased partner's interest in a another
firm whose state 40:651
- of
partners do not live where the domestic
firm doescorporations 40:651
business 21:221 State inheritance tax on government bonds
Double tax on singlelocated in another state 41:1o66
devolution of prope
State inheritance tax on stock of a non-
14:615
Inheritance tax paid
residentin two
in a foreign states
corporation owning 26
International realty within the state
and
interstate 35:93; 39:898 t
multiple
tion 47:307-315; 48:407-412 Stock of corporation incorporated in sev-
eral states taxable in proportion to the
Property passing under foreign intestate
laws 15:864 value of the property in each state
State law must aid in devolution 21:295 of
erty 39:898 Stock of simultaneously incorporated two-
Transfer by state corporations
exercise of a power 20:313, 335 of
ment 40:652 Subsequently vesting contingent interests
Use of Federal Interpleader Act 36:604 to
mine conflictingSuccession
claims tax at situsas
of notes
to anddomici
bonds
49:I378 44:I32
Tax on stock of federal corporation
Where property may be taxed: tangibles state where located 38:809
Domiciliary's tangible personalty located inTaxation of shares in foreign corpor
foreign country 49:493 doing business within the state 3

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436 INHERITANCE TAXES
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTE
CASES. The figure in front of the colon refers in each instance to the volume.

Trust of securities - tax at trustee's domi- Execution by foreign wi


cil 48:859 in domestic will 23:648
Exercise of power of appointme
Retroactive taxes Exercise of testamentary power
Interests in a revocable trust created before pointment 35:326
enactment of taxing statute 4: 916 Federal estate tax on pr
Property passing under powers of appoint- under a general power 37:628
ment created prior to the passage of theFederal estate tax on property of decea
tax law 37:699 tenant by the entirety 44: I30
Retroactive death Federal estate tax in
taxes on trust
thereserving future
light
Binney v. Long 50:785-790 life interest to settlor 44:131
Retroactive excise taxation 37:691-704 Inclusion in gross estate of value of rever-
Retroactive inheritance tax statutes sionary interest 49:661
44:II03-IIo6 Inter vivos trust terminating at
Retroactive provisions of the federal estate settlor 43:143
tax of I92I 40:118-123 Irrevocable trust - r
Retroactive state laws taxing vesting succession in possessio
36:602-605, 628 44:I0o3-1o06
Retroactive taxation 48:602-618 Mortgage obligation as consideration for
Retrospective provisions of the survivor's federal interest
es- in tenancy by the en-
tate tax 42:833 tirety - effect of partial payments by de-
Tenancy by entirety cedent created 48:340 before
ment of statute 46:718 New York transfer
Vested remainder coming into survivorship
possession28:437
36:603 Power of appointment: crea
Transfers in contemplation of death 20:655
Conclusive presumption Private that interest
gifts in claim against a foreign
within
two years before death were made in state 42:934
contemplation thereof 46:1147-1148 Proceeds of insurance policies 47:I37,
Effect of added motive to escape income tax 1245-1246
47:1238 Proceeds of life insurance policies under the
Gifts made prior to death 45:159 federal estate tax 43:724-758
Property already conveyed by testator
Gifts made within six years prior to donor's
death 38:293 himself and wife as tenants by the en
Transfers tirety 29:201
in contemplation
35:346Property embezzl
Transfers in contemplation 674 o
as of time of death 40:118-123 Property held in tenancy by the entirety
Transfers in contemplation of death: what 29:558
constitutes 37:693; 39:1096 Property jointly owned 47:1242-1244
Property not subject to charges against es-
Property subject to tax: in generaltate and expenses of administration
Amount paid by executor on enforceable 47:r236-1238
charitable pledge of testator 50:363 - widow's dower or statutory interest
Contingent interests 33:572 47:1237-1238
Corpus of trust revocable by deceased Property set- passing by escheat 29:455
tlor only with beneficiary's consentProperty passing in default of appointment
49:49I 24:585
Creation by deed of remainder vesting Property
in passing upon exercise of general
possession after death of grantor power of appointment 47:1244-1245
35:773-774 Property received in lieu of dower 26:276;
Death duties affecting marital property 37:507
rights 43:293-297 Property subject to a power 48:1246-1249
Dower 25:181, I96 Relation of federal estate and gift taxes
Effect of appendant power of appoint- 50:995
ment 50:1289-1290 Revocable trust of life insurance policies
Effect of compromise agreement changing 43:322
amount received under Subsequentlywillvesting contingent remainde
33:574-575
Effect of consideration for transfer I9:12I
34:r98, 221 Succession tax levied after assignmen
Effect of consideration for transfer by will collateral legatee 20:75
37:507 Tax on trust reserving to sett
Enforceable charitable pledge paid by ex- to alter 44:653
ecutor as deductible transfer 50:363 Time of vesting of
Escheat to state 48:I29 bility to inheritance tax 2I:435, 450

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INHERITANCE TAXES - INJUNCTIONS 437
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to R
CASES. The figure in front of the colon refers in each instance to the volume.

Enforcement by suit in another state


Transfer of real estate to corporation with
reservation of life estate in grantor, trans-against beneficiaries 33:840, 870
fer of stock with reservation of voting
Executor's right to reimbursement by in-
power 43:963 surance company for estate taxes paid on
Transfer to children under
proceeds of policies ante
payable in install-
agreement 34: 98, 22I ments 50:134
Transfer to take effect Judicial
at death 33:481
determin
Transfers intended to take effect federal in posses-tax befor
sion or enjoyment at or after death: suffi- 45:1221-1226
ciency of interest retained toliability
Personal support tax taxes
for inheritance
47:1238-1241 44:1265-1270
Transfers subject to a power of revocation Power of state tax commission to contest
47:1241-1242 will where amount of tax will be affected
Trust to pay income to beneficiary, corpus 50:205
to vest in beneficiary at death of settlor
Right of executor to reimbursement for
if beneficiary survived settlor 43:143 federal estate tax on transfer of property
Trust with power to revoke reserved not passing under will 37:917
28:334; 33:573-574 Set-off of claims barred by limitation
Trusts inter vivos with crossed life estates 48:1321-1325
46:525
Trusts inter vivos with power of beneficiaryINITIATIVE AND REFERENDUM
to terminate trust and receive principal See also Constitutional Law.
made absolute at settlor's death 46:525 Applicability to grant of toll bridge fran-
Trusts to take effect in possession or enjoy-chise 42:580
ment at or after death of settlor 42:833 Emergency clause
Trusts under control of settlor 45: 57 pared 44:852, 855
Vendor's interest in land not tangible prop- Exercise in Canada under British North
erty within New York transfer tax American Act 33:607
33:822-823 Extent of adoption of initiative
What constitutes doing business within the endum 43:813
state by a nonresident individual under Legislating on subje
New York tax law 33:616 measure 36:o08
Meaning of " major
Deductions and exemptions 42:956
Admissibility of evidence of woman's ster-
Referendum as app
ility to obtain exemption 47:io6I federal constitution 33:287, 312
Deducting federal tax for purposes of state Repeal of the referendum in Colorado by
tax and vice versa 33:573 legislative use of safety clause
Deduction of federal tax before computing 43:813-818
state tax 34:441 INJUNCTIONS
Exemption from federal Nature and scope
estate tax of chari-
table donation in compromise Acts restrained: legal proceedings
will
49:844 Acts restrained: breaches of contract
Gifts to charity: certainty Acts restrained:of
use ofascertainment
trade secrets
of amount 47:1248-1249 Acts restrained: public officers
Gifts to relatives: certainty of Acts ascertain-
restrained: personal torts
ment of amount 47:1249 Acts restrained: torts to property
Power to invade principal as affecting Acts value
restrained: nuisances and public
of estate in remainder to a charity wrongs
4I:80I See also Contempt, Equity, Federal Courts,
Property previously subjected to death tax Federal Equity Rules, Labor Law, Nui-
47:1248 sance, Patents, Restraint of Trade, Spe-
The 80 per cent federal credit for state cific Performance (Negative contracts),
death duties 47: 1249-1251 Trade Marks and Trade Names, Unfair
Transfers or payments made for considera-
Competition, Waters.
tion 47:1246-1248
Nature and scope
Collection and enforcement
Authority of federal court to modify in-
Board of Tax Appeals 45:1222 junction against enforcement of state
Collection on deposits through safe deposit
statute because of subsequent contrary
company 25:288 state decision on question of state law
Debts allocated only to personal estate 47:708
38:293-294 "Balance of convenience" doctrine in re-
Election, estoppel and related
gard to enjoining matters
private nuisances i
federal taxation 48:1281-1333 22:596, 6I3; 24:501; 25:474

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438 INJUNCTIONS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Balancing of plaintiff's and defendant's temporary injunctions in the federal


rights 29:218 courts 4I:909-912
Clean hands: application Perpetual of the max
injunction in
baseball contracts 28:213 rights by adverse poss
Comparative injury 47:1200-1201 tain 21:220
Comparative injury rule - effect of failure Plaintiff's m
to seek temporary injunction 41:802 grounds for vacating it 48:343
Consent decrees in enforcement of federal Power of court to punish violation of in-
anti-trust laws 46:885-932 junction as contempt 11:507-510
Contempt proceedings against persons
Preliminary not
mandatory injunction changing
named in injunction 46:1311-1317 the status quo 41:671
Decrees to take effect in another state Public convenience and tempo
50:II3I-II32 tion 36:211
Developments in the law: equity - Recent
1933 exten
47:II74-I2o8 tion and its dangers Ii:487-511;
Discretion of court to refuse relief on 20:157
grounds of public convenience 28:Io0; Relation of labor injunction to doctrine
36:2I1-2I5, 223 that equity will not punish crime
Discretion to refuse if in aid of illegal un- 36:504
dertaking I6:444; 17:I34 Relief against fraudulent substitution of de-
Discretion where plaintiff's right fendant's
or defend-product for plaintiff's 38:116
ant's wrong is doubtful I9:30I Resort to injunction by labor 42:110
Effect of appeal on interlocutory injunc- Specific performance by injunction
tions 39:II00 47:1040
Effect of injunction Street railway enjoined from decreasing m
against
nuisance on certain land on late service when mandamus would lie
tees ignorant of the injunctio 21:542
Enjoining communication Sweeping injunctions under the Claytonby Actbo
committee to prevent obstructi 37:27I
organization proceedings 50:831 Uncertainty as to state law as ground for
Equity acting in rem - injunctions withoutdenying federal injunction 47:289-291
personal jurisdiction 50:495-500 Violation of injunction in reliance on rights
Equity and American government subsequently acquired 46:518
50:224-248 Void injunction as insufficient cause for fa
Equity and American labor 5o:193-205 ure to serve execution 49:147
Federal injunctions against state officers When
- case on appeal has ceased to be an
practice before and after enactment of issue 34:416, 433
Judicial Code ? 266 47:795-826
Illegal undertaking indirectly aided no Acts
bar restrained: legal p
19:65 Action at law enjoined
Injunction as a device for asking the court bill of equitable assu
questions 47:929-930 Action under unenforc
Injunction in the German law restraint of trade 23:69
22:174-176
Interest of third persons as Attachment
justifyingof goods of domestic
in-
junction despite complainant's foreign unclean
jurisdiction 5:214-217
hands 48:336 Bill of review in another state 25:474
Labor injunctions Criminal andproceedings 14:293; 29:219
federal le
42:766-794 Criminal proceedings brought ex rel
Legislative abolition of injunctio I7:567
disputes unconstitutional 30:75, 85 Criminal proceedings threatened against
Legislative regulation of injunctions in in- third party 27:668, 682
ferior federal courts 37:1083-1085 Divorce proceedings in foreign ju
Mandatory injunctions: general discussion 15:145
12:95-118 Enforcement of erroneous decree I5:4Io
Mandatory injunction to compel a public Enforcement of judgment by default en-
utility to operate at a loss 37:368,392 tered on false return of service
Mandatory injunction to compel removal I8:395
of building erected by lessee of one cove- Enforcement of judgment by default ob-
nanting not to build 23:151 tained because of illness of counsel
Mandatory injunction to compel repair on 23:484
plaintiff's land 36:483 Enforcing judgment at law obtained by
Material damage only in connection perjury 22:600, with 613; 34:677
other independent wrong: whether Enjoining probate of will made in b
ground for injunction 20:50-52 of specifically enforceable contract
Method of proof in hearings of motions for vise 30:192

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INJUNCTIONS 439
References in heavy-faced type are to LEADING
CASES. The figure in front of the colon refers in eac

Estoppel of prosecution Inducingfor sale in violation


violation ofo v
municipal ordinance 45:741 tract with plaintiff 21:451
Foreign proceedings 47:1176-1178 Inducing workmen to leave otherwise
Insurance policy incontestable after year:by strike 8:228; 12:285
enjoining action at law commenced after
Infant's breach of contract 20:64, 72
suit for cancellation 37:622 Injunction against breach of contract not
Jurisdiction of forum to enjoin contempt specifically enforceable 47:1040
proceedings under foreign decree enjoin-against exhibiting motion pic-
Injunction
ing prosecution of suit in forumture
46:1030
obtained through breach of negative
Numerous suits in justices' courts 20:325
covenant 29:784
Overstatement of mortgage debt Interference
in notice with
of sale as ground for injunction
Partial enforcement of unreasonable cove-
25:192 nants not to compete 46:1188-1190
Proceedings in state court while similar ac- Passing off defendant's goods through
tion is pending in federal court 17:573 plaintiff's exclusive dealers 45:940
Prosecution by district attorney of severalPreventing third persons from performing
defendants under state liquor law alleged contract with plaintiff 17:I35
to be invalid 23:469, 484 Prevention of execution of contract
Provisions of Corporate Reorganizations II:469
Act of 1934 48:54-58 Publication of photograph when exclusive
Restraining taking of depositions
photographic in aid of
privileges have been
injunction against prosecutiongranted oftosuit in 30:521
another
foreign state 47:710 Resale of theatre tickets by unautho
Separate tort actions enjoined: broker bill of peace 45:195
6:448; I4:61; I6:374 Revocation of auctio
Suit in foreign jurisdiction 26:347, 374;hammer has fallen 12:275
27:9I Sale of non-transferable railroad tick
-after Statute of Limitations had run in ticket broker 21:365
own state 33:92, II4 Sale of unpatented articles wi
Suits against vendees of athat
patent
theyinfringer
will be used in v
while a suit against the infringer
agreement himself
with plaintiff to b
is pending 30:398 cles exclusively from him 23:230
Who can enjoin prosecution of action
Sending circulars and proxy forms by direc-
24:64 tors of corporations 20:328, 572
Soliciting breach of contract 31:648, 657
Acts restrained: breaches of contract Soliciting breach of subscription contract
Assignment of leased premises where there 17:283
is covenant against assignment 15:748 Wrongful sale by vendee of chattels
Breach of contract not to practice certain 20:335
method of extracting teeth 22:145
Breach of contract to employ only union
Acts restrained: use of trade secrets
labor 16:215 Disclosure of trade secrets II:262
Breach of negative agreements:
- competitor enjoined from specif
employ
formance 6:157; 7:53; 8:172;
workman I9:537 12
15:480; I6:72 - former employee solici
Breach of negative covenant in contract for for rival 27:91
unique personal service 32:176 Interference with trad
Causing third person to break contract; employer's list of customers
with plaintiff I5:235; i6:6oo; 31: 017 30:655
Collection of assigned debt by assignor Protection of trade secret after trade mark
9:431 has been transferred by alien property
Comparison of decrees in Debs and Rail- custodian 43:636-641
road Shop Crafts cases 37:1101 Publication of unpublished writ
Contract of exclusive agency 45:940 of trade secret 20:143, 156
Contracts not to compete 47:1187-1189
Contracts of exclusive agency with gasoline
Acts restrained: public officers
filling stations 47:1185-1187 Assessment or collection of invalid federa
Employee's contract not to compete after taxes 45:1223-1226
a term of employment 41:782-786 Basis of equitable jurisdicti
Enforcement of closed-shop agreement suits 49:382-383
43:1158 Collection of federal taxes 37:255
Inducing breach of contract with rival Collection of illegal and unconstitutional
union 46:125-132 taxes 45:501-505
Inducing modification of contract Collection by threat of penalties
of boycott 42:960 constitutional statute 20:238

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440 INJUNCTIONS
References in heavy-faced type are to LEADING
CASES. The figure in front of the colon refers in e

Collection of tax on goods


Payment of salary toof another
one illegally appointed
cluded in plaintiff'sto office 24:239
property list throug
a mistake of law 23:226 Police restrained from
ises
Collection of unconstitutional municipal tax 20:150
22:612 Removal of pu
Competition deriving from unconstitutional under void statute 17:575
statute 49:I005 Restraining police commissioner from
Discretion to refuse fering with businessof
injunction which violat
police
grounds of policy 19:382 day law 22:60
Election of delegates to unauthorized con-
Retention of public
stitutional convention 28:309, 327 quiring possession forcibly 25:740
Enforcement of municipal ordinance Submission to popular vote of constitu-
32:734 tional amendment which lacked required
Enforcement of rule of school board ex- number of votes in legislature
cluding members of teachers' union from 26:455
schools 29:230 Use of the federal injunction in constitu-
Enforcement of state tionalstatute
litigation 43:426-457
imposing
penalty upon railway for disregard
statutory ratesActs whoserestrained: personal torts
reasonablene
not determined 21:527, 540 Broker's disclosure to SEC of records of
customer's
Enjoining collection of excessive portion of accounts 50:698
discriminatory tax 50:535 Enjoining libel: whether contrary to
Enjoining collection of federal taxes ofdespite
jury trial 29:655-657
statutory prohibition 49: io9-116 - whether infringement of freedom of
Enjoining illegal or unconstitutional action 29:648-655
50:228-248 - whether precluded by authority
Execution of unconstitutional statute by 29:657-658
state officers :223-225 Enjoining misstatement of judicial proceed-
Federal Communications Commission order ings 43:959
refusing representation at hearing Equitable protec
49:659 ality 50:219-222
Federal courts and state regulation of pub- Erasure of names from c
lic utilities 43:379-425 cal party 12:354
Federal injunctions against state Exhibition
officers of picture
Expulsion from clubs 27:71
47:795-826
Fraudulent elections 20: 157 Forcible ousting of cropper by landlo
Holding election on unconsti utional 35:882
amendment 32:859 Illegal divorce and remarriage 47:
Illegal claim to public office 27:684 Interest of personality created by sta
Immunity of President and his agents exclusiveness of statutory remedy
47:-I38 29:93, 102
Inadequacy of taxpayer's remedy at law forInterference with political rights 30:397
collection of illegal tax 39:515 Paramour's use of wife's name
Injunction against execution of criminal 47:1205-1206
sentence 40:78I Progress of the law, 1919-1920 34:388-415
Interference with Publication board of personal letters 31:1030 fun
exercising
under another Publication of proceedings of
department of dental society
governm
32:436 12:436
Jurisdiction of lower federal courts to en- Publication of statement, not defamatory
join action of state officials unauthorized but consciously false and intended to
by state law in the absence of diversity cause damage 23:402
of citizenship 40:969-988 Relief against fraudulent s
Mandatory injunction to remove the municipaldefendant's product fo
building interfering with easement 35:769
30:88 Retention of police records
Municipal resolution involving forfeiture lery photograph
of 47:1206-1208
franchises of a street railway Right
34:332to privacy enforced by injunction
Necessity of threat to enforce unconstitu- 4:219-220
tional statute 50:658-66i Threatened injury to personality as groun
Notice of elections held under for injunction 29:640-646, 668-677
objectionable
apportionment 8:232 Unauthorized use of plaintiff's portrait
Passage of municipal ordinance 23:470, I6:72
484 Use of fraudulent birth certificate 21:54,
Payment of salaries alleged not to be con- 58
stitutionally authorized 28:634 Use of name of vaudeville act 31:889, 900

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INJUNCTIONS 44I
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECE
CASES. The figure in front of the colon refers in each instance to the volume.

Use of wife's name by one claiming to beMaintaining sy


wife 43:48I plaintiff's lan
public convenience 22:61
Acts restrained: torts
Market quotations: tounauthorized
prope
Award of damages tion in of lieu 19:65 of in
protect water rights 50:287-292 Moving a house: in
Boycotting combinations 31:493 wires 24:238
Boycotts on materials 31:482, 494 One co-owner of
Competition of one illegally doing business fringement by the other 30:91
without a license 3 1:802 Picketing in racial controversy 48:691
Continuing trespass not causing Piracyirreparable
of news 32:566, 582
damage permanently restrained though
Prior illegal acts as a ground for
plaintiff's legal right is uncertain 21:220
injunctions against picketing
Damage to members of corporation: bill 44:971-975
brought by corporation 17:49 Publication of trade libel 7:435; 15:734;
Developments - I887-1936 50:175-176 I6:67
Diversion of water in another state 17:572Publication of uncopyrighted news I6:22
Electric wires: maintenance of same Publication of unpublished literary matter
4:263-270; 7:I84; 8:292; 9:495-498 8:286; 12:51, 436
Enjoining officers of a corporation from Removal of body from tomb where place
voluntarily paying an unconstitutional by license IO: I9
tax 37:256 Removal of natural ba
Enjoining the violation of
I6:374
as being an unfair Repeated conversion 36:211-215
method o
42:693-696Repeated trespasses when legal title of
Fraudulent dealing in
premises is not disputed no
22:371, 378
tickets 17:202,495 Restraining enforcement of union by-law
Hardship on defendant as ground for re-
38:400
fusing injunction against threatened
Restraining irre-
interference with the plaintiff's
parable injury 43:662 selling system as unfair competition
Inducing third person to commit a tort 30: 66, I95
23:402 Restraining use of power of sale by assignee
Infringement of patent: acts contributing
of mortgagee 30:524
thereto I8:151 Right of holder of interesse t
-by public officers 24:155; 26:88 join for waste 29: IO
-the doctrine of intervening rights inSale of copies of artistic creati
patent re-issues 44:959-963 fide purchaser from wrongd
- used for illegal purpose 16:444 Setting up satisfied term again
- very near expiration 21:544 purchaser i:13
Infringement of trade mark 20:620-621 Several independent
-separation of trade mark from trade damage without legal injury
secret under which goods are manufac- 20:46-55
tured 43:636-641 Solicitation of old customers after involun-
Infringement of trade tary mark sale ofsold by
good will alien
27:670, 684
property custodian - Strike the for Eau de Cologne
the closed shop: Massachusetts
case 43:636-641 precedents 45:1226-1230
Infringement of Strikes, unused patent
boycotts, 20:63
etc. 8:227; 10:65
Infringement on name of vaudeville
12:502; I4:219; 15:482; i6:392-40
3 1:889, goo 5i8
Injunction against continuing trespass Transfer of specific funds which will
where damages nominal 28:209 to the owner i:223-225
Injunction against libel on business reputa-Trespass in foreign jurisdi
tion 29:646-648 Trespass to foreign real es
Interference with abutter's
Trespass right
to realof free
estate i:12
access 26:179 14:300
Interference with accretion 45:753 Unnecessary imitation of wares where use
Interference with hunting rights 22:305 of distinguishing mark practicable
Interference with right of access to premises 32:18I
II:130 Use of family name to deceive public
Interference with trading-stamp business by 38:405
obtaining stamps and reselling at less
Use of railroad till compensation for injury
than the regular price 22:50, 6i to abutting property has been made
Invasion of franchise right by public service 23:471, 482
corporation having no license to do busi- Use of wife's name by one claiming to be
ness 32:84 wife 43 :481

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442 INJUNCTIONS - INSANE PERSONS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

Waste I4:226 INNKEEPERS


When acts of directors will be restrained at See also Liens, Public Utilities.
suit of stockholders 23:551, 567
Who are innkeepers
Acts restrained: nuisances and public One keeping boarders and transient guests
wrongs 31:I166
Advertisements on omnibus 21:445; Sleeping-car companies 3:376; 9:429
22:379 Steamboat owners 0I:379; 13:525
Advertising in a public park 20:39-40
Barratry 46:525 Duties to travelers and guests
Crimes 12:502 Boarding-house keeper: duty of care owed
Enjoining coal to guest
strike at I9:534
suit of f
ernment 34:401407 Contracting to al
Enjoining violation of a company in hotelas
penal statute 21:62
being an unfair method Duty toward persons on the prem
of competition
42:693-696 connection with some duty owed by
Execution of unconstitutional Congres- keeper to travelers or guests 23:3
sional appropriation 37:750 Liability for insults 49:1051-1052
Foreign nuisance causing damage Liability
within for serving unwholesome food
jurisdiction of court 23:390, 400 32:72
Illegal professional competition Liability for torts of servants I7:575;
47:1202-I205 I8:67; 2I:58; 22:306
Law enforcement by injunction Liability to boarder for goods stolen
50:225-228 3I:II66
Liquor saloon as nuisance 7:487 Liability to guests for loss by fire 17:47
Property of guest, exception to absolute
Municipal corporation: right to injunction
to restrain public nuisance 26:371 liability for 12:66
Nuisance against state when damages would Right to refuse entertainm
afford adequate remedy 21:132, 144 travelers 10:519; 23:341-342
Nuisance where plaintiff's right is disputed - whether bad reputation is excuse
and before plaintiff has obtained judg- 24:239
ment at law 22:65 Who are guests 25:I92
Nuisances i:125-126; 4:293; 7:487; Who are travelers io:5r9; 23:341-342
10:371; I3:142; I4:458; 18:I49;
47:1201-1202 Innkeepers' lien
Nuisances and balancing convenience Baggage known to be property of third
36:212 person 9:216
New York statute construed as allowing
Obstruction of abutter's view from highway
by awning extending over sidewalk keepers of inns and boarding-houses liens
40:136 on property not belonging to guests
Prevention of discontinuance of service by 21:147
public utility 37:368, 392 Stolen tickets deposited with innkeeper for
Public nuisances 9:521-533; o0:37I a loan 24:501
Repeated violation of usury statute
43:499 INSANE PERSONS
In general
Restraint by injunction of continuing injury
to realty 37:577-579, 587-589 Ajudication of insanity
Guardianship and protection
Sale of stock by one corporation to another
20:495 Testamentary capacity
Scope of " padlock" injunction under the Property and conveyances
National Prohibition Act 40:786 Liability in contract
Sherman Anti-Trust Act: right of private Liability in tort
party to sue 26:179 See also Constitutional Law, Criminal L
Statutory extension of injunctive Domicil, Evidence,
law en-Limitation of Actio
forcement 45: og96-ro2 Proximate Cause, Witnesses.
Strikes in war time 32:837, 859
Telephone company's discontinuing In general
service
20:242 Effect of failure to plead insanity exis
Turning off water by public service com-at time of criminal trial 42:830
pany for non-payment of disputed billEligibility for public office 37:384
24:67 Excuse for noncompliance with amend-
Unauthorized street railway I4:71 ment to by-laws of benefit society
Unlocalized acts of bootlegging 43:II59 I5:749
Use of name of town for neighboring rail- Excuse for suicide in insurance cases
road station 16:306 9:360; 23:557, 568

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INSANE PERSONS -INSURANCE 443
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;
CASES. The figure in front of the colon refers in each instance to the volume.

Insanity of principal: operationSurplus income of lunatic: disp


as revoca-
tion of authority of agent 13:303 same 8:472-493
Tests of insanity 3:279; 6:265; 8:360; Validity of conve
9:360; I5:499; 29:538 tice of insanity 6:45I
The unsound mind and the law 33:88i Voluntary petition in bankru
mittee of lunatic 16:56
Adjudication of insanity
See also Law and Fact. Liability in contract
Admissibility of adjudication as evidence inContract executed by other party:
a civil suit 21:289 enforceable 13:693
Indorsement
Admissibility of adjudication by insane
as evidence in pay
will contest case 36:756 guardianship 41:536
Knowledge
Burden of proving sanity on person adjudi-of insanity by ot
cated a lunatic I4:I55 bility in its absence 15:588
Conflicting adjudications as Liability after adjudication as insane
to insanity:
effect on capacity to sue 33:612 I4:I55
Statutory commitment of defendant ac-Liability for partnership debts subsequently
quitted of crime because of insanity: contracted 23:149
whether due process of law 23:63 Liability on negotiable ins
Whether it dissolves partnership without I0:523; 11:121; 27:164, I77
aid of equity 23:149 Recovery of money advanced to lunatic
25:725, 740
Guardianship and protection Return of consideration in specie prerequi-
Ademption resulting from site actsto ofavoidance
the 17:575
guardian of an insane testator
Liability in tort
45:710-717
Avoidance of marriage for fraud and forDefective condition of real property
20:330
insanity of other party - insane person's
ability to have an intent to defraud Insanity as defense to action for slander
4I:1065 17:479
Committee of insane person can recover forLiability for negligence 8:365; Io:65, I82
false imprisonment of insane person
Liability in tort in early law 7:446-447
24:502 INSOLVENCY
Equity jurisdiction over property pending See Bankruptcy, Banks and Banking, Bi
inquisition 7:496 and Notes, Contracts, Corporations, Ex
Equity jurisdiction to protect lunatics at
ecutors and Administrators, Partnershi
suit of next friend I0:249 Preferences, Receivers, Rescission, Sale
Jurisdiction of domicil to appoint aSet-off per- and Counterclaim, Specific Per
sonal guardian for an absent insane formance, Vendor and Purchaser.
person 44:1138
Right of guardian of insane widow to
INSPECTION
sent from will 3I:802 See Bailments, Carriers, Corporations, M
Termination by death ofter lunatic 21:147
and Servant, Negligence, Railroa
Voluntary petition in bankruptcy
Sales. by com-
mittee of lunatic I6:56
INSURANCE
Testamentary capacity In general
Presumption of testator's sanity 12:508
Nature and incidents of insurance con-
tracts
Property and conveyances State control of insurance companies
Allowances of surplus income to relatives
Insurance agents
41:402 Insurable interest
Avoidance of conveyance: requisites Construction of words and phrases
20:4I9; 2I:63I Construction and operation of conditions
Deeds of lunatics: validity of same Election and waiver of conditions
3:382; 15:413 Rights of beneficiary
Equity jurisdiction over property pending Rights of insured
inquisition 7:496 Rights of insurer
Feeble minded person's right Defenses to dismiss his
of insurer
suit for cancellation of Right voidable convey-
to proceeds
ances 42:130 Amount of recovery
Property of wife Reinsurance
after husband's
20:416 Accident insurance
Sale of lunatic's estate without authority: Marine insurance
vendee's lien 13:307 Mutual benefit insurance

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444 INSURANCE
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refe

Employer's liability cupancy " orinsurance


" business interruption " in-
Fidelity insurance surance 46:855
Automobile liability Increase in hazardinsurance
between time of contract
Old age insurance and effective date of policy 45:590
War Risk Insurance Act Indemnity: how far a basis of insurance
See also Bankruptcy, Conflict of Laws, contract 9:428; ii:512-515, 524;
Contracts, Equitable Conversion, Ex- I5:573; I6:36I
emptions, Fraudulent Conveyances, Gar- Insurable interest as legalizing contracts
nishment, Gifts, Interstate Commerce,otherwise void as wagers I2:2I7, 569;
Liens, Maritime Liens, Mortgages, Pre- I5:573
sumptions, Prize Law, Public Utilities,Insurance of a money claim: whether dis-
Rule against Perpetuities, Sales, Surety-tinguishable from suretyship 7:434
ship, Taxation, Trusts, Vendor and Pur-Liability of insurer to indemnify for ex-
chaser. emplary damages 37:I54
Life insurance contract: whether unilateral
In general
2:239
Acquisition of property by wilfully killing
Life insurance policy held not "movable
another 49:741-748
effects " under statutory dower 33:587,
Declaratory relief in insurance litigation
6i5
49:1356-1357, 1359-1360 Life insurance trusts and the Statute of
Deposit insurance and the banking act of
Wills 46:818-823
I933 47:329-332
Loss occurring after pe
Preventing litigious coming inevitabledelay in pay
within it 19:2I7
insurance claims 48:319-327 Nature of life insurance 43:725-727
Some suggested reforms in the application
Nature of relation between subscribers to
of the parol evidence rule to insurance
inter-indemnity insurance plan 40:492
contracts 47:1010-10r7
Negotiability of insurance contracts: fire
Nature and incidents of insurance contracts and marine insurance I:393-395;
Accident insurance: whether contract for 38:r02, ii6
indemnity 9:428 Proceeds of life insurance policies under the
Anticipatory breach: federal estate tax 43:724-758
application of doc-
trine 20:233 Ratification of unauthorized contract by in
Assignability of suredinsurance
after loss 25:729, 735; 26:264 cont
and marine insurance Reinsurance policy as wager i:388-39
when proceeds
ii6, 398 swell general assets on insolvency of re-
- formal requisites insured for 50:97-99
assignm
1:395-398 Revocable trust of life
-life insurance I0:I3I; I2:217, 569 not subject to inherit
-with provision that insured might sur- Warranties: history and
render it for cash value 23:66 36:597, 62
Assignability of policy negotiable inWhen formcontract for life insurance is com-
38:99, II6 plete 33:198-222; 36:884-885
Contracts of indemnity and the Statute of
Frauds 4I:689-708 State control of insurance companies
Contracts to defend Blanketphysician
automobile insurance as violation
against s
for malpractice 25:390 of statutes requiring licensing of agents
Delivery of life insurance policy 39:899
33:198-222 Constitutional basis for computing insur-
Delivery of policy: whether ance essential rates to 41:532
complete contract I5:575 Constitutionality of
Disposition of cash surrender value surance
of rates
life 28:84, 113,143-146
insurance policy on bankruptcy of in- of tax on foreign fire in-
Constitutionality
sured 35:80 surance company for benefit of disabled
Effect of assignment 38:398 firemen 21:277, 295
Effect of civil death statutes 50:973 Effect of non-compliance
Effect of issuance of substituted policy standard policy 39:275
38:826 Foreign insurance companies:
Executor's right to reimbursement by insur- state I5:580
ance company for estate taxes paid on Limitation by
proceeds of policies payable in install- ance agents in given territory 38:257
ments 50:134 Prohibition by statute of provisions limiting
Fire and marine insurance: contracts for time within which action must be
indemnity II:512-515, 524; I5:573; brought 24:670
I6:361 Regulation of comm
Income tax upon proceeds of " use and oc- agents 44:643

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INSURANCE 445
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in p
CASES. The figure in front of the colon refers in each instance to the volume.

Regulation of rates 25:372, 385 Shareholder's intere


Restriction of insurance business to par- 39:126
ticular corporations: constitutionality
Construction of wo
8:285 " Accidental" death from criminal act
Insurance agents
49:837
Agent an officer of insured corporation:
" All costs incident to settlement " as cov-
validity of policy 9: 28, 349; 27:585
ering attachment bonds 36:224
Agent as agent of insured to fill out applica-
" Change of ownership ": change before de-
tion I5:583, 859; I8:469
livery of policy 1: 269
Contract limiting imputation of agent's
- mortgagee purchasing mortga
knowledge to insurer 37:772
est 10:249
Delivery of policy to agent; whether de-
"Contraband
livery to insured 25:292
21:636
Insurance broker as agent of insured to pay
Divisibility of policy covering two risks:
premiums 24:155
No lapse for non-payment where bank hav-
tests of construction 14:30I
" Except by explosion or city authoritie
ing authority fails to deduct premium
property destroyed to prevent the spre
from account of depositor 36:484
Power to waive conditions: after comple- of fire 20:582
tion of contract 13:146 Exemption clause 24:240
- at time of making contract 15:575 "Fire". 23:405; 24:119-136
Solicitor as agent of insurer or insured to "Fire ": damage from voluntary, c
fill out application 37:260 fire 49:485
"Forthwith ": pr
Waiver of conditions by broker acting for
insured 31:897 lowed for suit i5:76
"Immediate notice" 24:580
Insurable interest Incontestability clause a short Statu
Assignee of life insurance: whether insur- Limitations 39:270
able interest requisite I0:131; 12:217, Incontestability clause, mak
contestable from date of issue
569; 18:396; 23:65
Bailor's right to recover directly from in- I9:470
surer on policy issued to bailee 42:707 - what defenses are waived 13:412
Contracts for sale of land 33:828-830 - what constitutes a contest 4I:IOI
Defense of no insurable interest: incontesta- "Interest, title or possession " I8:543
bility clause as waiver 13:412 "Loss or damage by fire ": property de-
stroyed to prevent spread of conflagra-
Effect of assignment to one without insur-
able interest 17:502 tion 20:582
"Loss
Fire insurance policy taken or
in agent's damage b
name
at request and for benefitby concussion of
of principal
47:343
tant fire 32:87
Measure of insurable interest: bailor and "Net value " of a life insurance contract
bailee of chattels iI:520-523 24:662, 675
--life tenant and remainderman "Percentage co-insurance " clause: appor-
11:519-520 tionment of loss 16:452
- vendor and vendee of realty i1:517-518 "Sole and unconditional ownership"
Necessity of insurable interest in second 30:399
assignee when first assignee has no in- Standard mortgage clause as protection
surable interest 34:215 against owner's acts 29:334
Standard
Persons having insurable interest: mortgage clause as protecti
grantee
under a fraudulent conveyance against owner's neglect to furnish proo
16:36I
-husband in life of wife 23:57, 65 of loss 27:763
Persons having insurable interest: owner of Suicide and incontest
49:304-3r2
building about to be torn down 21:631
-lessee with option to purchase Io:I91 "The insured ": whether applicable to
-mortgagee of realty ii:515-517 mortgagee as beneficiary of policy take
-sister in life of brother 26:756 out by mortgagor 23:311
"Unencumbered ownership ": contra
Persons having insurable interest for pur-
poses of liability insurance 45:189 convey as an encumbrance 14:157
Reasons for requiring insurable interest "Wife" as beneficiary: whether second
I5:573 wife may take 16:453
Relationship as interest in life insurance:
English and American law io:313 Construction and operation of co
Right of remainderman to share in the Arbitration by adjusting board
proceeds of insurance paid for by the life necessary to validity of condit
tenant 42:581 8:505; I1:127

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446 INSURANCE
References in heavy-faced type are to LEADING ARTI
CASES. The figure in front of the colon refers in each ins

-whether
Breach of condition to keep an implied
recordcondition in life de-
and
posit books in fire-proof policy safe9:36013:61
Change in interest, title, Suit and possession:
required with
sheriff's sale 32 :732 validity of condition 12:432
Change of interest in property Validity under " suicide statute" of re
by owner's
adjudication in bankruptcy duced before the
recovery for death caused by po
appointment of trustee 21:531, 538 son 30: 89
Change of ownership before delivery of Warranties in
policy: effect 11:269 conditions I5:739; 23:557
Condition against alienation 22:602,
Warranty as 613
condition precedent
Condition against continuous Warranty
repairs as with-
contractual duty ma
out notice: effect of breach 16:223 of criminal liability 37:626
Condition against engaging in hazardous Warranty as to facts immaterial to the
employment: temporary breach not con- 36:597, 623
tributing to loss 27:591 Warranty: statutory restrictions 24
Condition against increase of hazard 580; 36:597
24:64
Election effect
Condition against other insurance: and waiveron
of conditions
first and later policies 6:266; 10:383 Adjustment of loss after notice of breach
Condition against settlement of claims by of condition as waiver 12:508
insured: effect of payment of judgment Agent's power to waive conditions
38:1115 I2:503; I3:I46; 15:575; 17:203
Condition that policy shall lapse on default Condition for partial forfeiture 25:192
in payment of premium notes 38:526 Condition postponing liability 25:I93
Condition that policy shall not take effect Consideration: whether necessary to sup-
until delivered 33:218-222 port waiver 12:508; 16:217
Date of incontestability clause 36:223 Effect of failure of insurer to return
Effect of non-payment of premium note miums as waiver of breach of condition
where there is only provision for for- 29:458; 724-730
feiture for non-payment of premium Election, not waiver, the doctrine really in-
39:497 volved in the cases I8:364-378;
Effect of provision in policy for forfeiture 29:724-730
on non-payment of premium note Estoppel distinguished from waiver
39:497 I6:217
Effect of provision in premium noteForfeiture
for clause in policy: waiver by agent
expressly prohibited I2:503; 13: 46;
forfeiture on non-payment 39:497-498,
5IO 15:575
Incontestability clause: what defenses are
Effect of supervening impossibility: insan-
ity of insured preventing notice 40:io16 waived 13:412
Effect on incontestability clause of absence
Insurer's course of de
from country 50:530 of policy 25:193
Execution for crime: whether Notice an of loss: accepte
implied
condition in life policy 39:394 time: whether waiver 7:436
-whether conditions waived by insure
Incontestability clause not affected by rules
governing Statute of Limitations knowledge 24:580
37:1140 Theoretical basis for doctrine of waiver
Inventory not kept: effect when policy cov- 16:217
ers stock and building 14:301 Waiver of forfeiture for non-payment of
Notice of loss within required time im- premium notes 39:498
possible 7:436; 10:249; 16:452; 24:502 Waiver of presumption of death 32:29I
Payment of insurance premiums as condi-
tion 2:239 Rights of beneficiary
Principles governing See also Contracts (Suits by third persons:
const
ditions II:269 sole beneficiary).
Pro rata clause: effect of other insurance: Beneficiaries made trustees: whether ab-
individual insurance by partner I9:624 solutely entitled to proceeds I5:415
-operation in policies not coextensive Beneficiary's proofs of loss as admission of
23:227 contents 43:132
Promissory representation: whether con- Cancellation of relea
sideration requisite to validity I3:6I come incontestable 39:270
Provisions altering the rules of evidence Change of beneficiaries: rights of pri
46:.141-143 assenting beneficiary 2:239
Suicide: construction of express condition -when change is considered complete
23:557, 568 26:271

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INSURANCE 447
References in heavy-faced type are to LEADI
CASES. The figure in front of the colon refers i

Compliance withWhether divorce acts as revocation


conditions regulat
change of beneficiary 33:114 3I:657
Creditors' rights in proceeds of foreign
Whether
in- reserved right to change benefici-
surance policy 42:575 aries gives insured right to surrender
Death of beneficiary before policy insured
without consent of beneficiary
I5:417, 674 29:225
Death of insured by execution Rights of insured
or suicide
I2:530, 542; 39:394 See also Quasi Contracts.
Effect of Community Property LawAction on for breach of gratuitous promise to
right to proceeds earned by premiums notify as to increase in insurance
paid by community 46:340 I7:126
Effect of provision for forfeitureApplication
on non- of insurance to mortgage debt
payment of premium notes on rights of 20:578
beneficiary 39:498 Company liable for agent's failure to for-
Effect of suicide 49:304-312 ward application 27:92
Equitable lien by payment of premium on
Disability resulting from attem
policy by beneficiary I7:203 mit suicide 49:308-3zo
Dividend
Exemption of proceeds of life insurance pol- apportionment to life
icies from creditors of insured under policies with disability benefi
Massachusetts statute 42:698 50:79o-796
Federal distraint on taxpayer's insurance
Duty of insurer to apply unliquidated sum
due insured to payment of premium
policy where right to change beneficiary
is reserved and state statute exempts 50:I37
proceeds from creditors 49:660 Effective date of policy issued under bind-
In trust established by insurer for insured
ing receipt but varying from application
under mistake of law 42:585 50:699
Interest of beneficiary: whether legal or of policy changed by insurer:
Face value
equitable 2:239 whether insured has a remedy I6:598
- whether vested Insurance or contingent
by assignor of mortgage who is 9:548;
13:682; I5:417, 674; i6:67 assignee of mortgagor: equitable lien
Life insurance trusts 50:511-517 17:360
Limitations on the right to change the Liability of agent who acts for undeter-
beneficiary in a life insurance policy mined insurer 42:123
42:250-254 Limitation on defense of fraud
for cancellation after loss 49:329
Mistake of insured as grounds for canceling
change of beneficiary 50:I36 Limitations on the right to change the
Murder of insured by beneficiary I4:375;beneficiary in a life insurance contract
24:227, 241; 30:622, 65I; 34:788 42:250-254
Nature of policy loans 43:964 Mortgagor's right after payment of mort
Nature, under revocable policy 46:820 gage debt to be subrogated to mortgagee's
Oral promise of beneficiary to insuredclaim
to against insurer 40:653
share proceeds with another as creating
Recovery for refusal to receive premiums
trust for that other where insured had of agreed amount 17:46
power to change beneficiary 40:785 Recovery of premiums: paid in ignor
Payment of premiums by insolvent corpo- illegality of policy 17:62
ration in fraud of creditors on policy ef- - paid in ignorance of ineligibility o
fected by controlling stockholder ficiary 39:II0
46:417-418 - paid under policy i
Pledge of insurance policy by insured by fraud 22:134, I45, 230
13:682 - paid under threat of forfeiture
Policy paid to domiciliary guardian not in 47:1417-1418
possession I6:52
Recovery on fire insurance policy for total
Recovery from insured's estate locomotive
loss of undamaged of unpaid marooned
loans made by insurer 43:964 by destruction of bridge 48:1027
Reinstatement of suspended policy after
Remedies for failure of company to deliver
death of insured 33:733 completed policy 33:201-202
Right of life beneficiary to lien on insur-
Revocation of policy by insurer: when right
ance policy for premiums voluntarily
of action accrues 24:404
paid 29:228 Rights of insured 10:313; i6:600
Strict compliance with
Set-off against conditi
assignee of insurer to whom
served right to change
policy has been pledgedbenefic
40:323
Subrogation: right of fidelity insurer
3I:657
Suit by beneficiary
against third partyon contra
for participation in
781-782 breach of trust 43:500

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448 INSURANCE
References in heavy-faced type are to LEADING
CASES. The figure in front of the colon refers in

Surplus of life insurance Effect of presumption company: ri


of death after s
to compel distribution i6:598 years 46:1138-1139
Surrender of policy under mistake ofExecution
fact: of insured for crime I4:624;
whether re-issue compellable 7:53 16:453; 21:530, 542; 22:306; 39:394
Unseaworthiness as applied to liability Execution of insured for murder of bene-
clause in marine policy 41:537 ficiary 39:394
Failure to pay note
Rights of insurer premium I7:135
Against wrongdoer who accepts release Fire kindled in place in
from insured with knowledge of payment for it 24:125-131
by insurer 23:227 Fire kindled with intent t
Application to insurers of ises 24:119-124
statute allowing
contribution between joint Fraud: effect on inco
tortfeasors
50:989 24:53, 64; 37
Contribution between insurers on partially
- in application for re
concurrent obligations 40:878-882 containing incontes
-" Cromie rule " 40:879 Lapse of premiums: p
-" Gradual reduction rule" 40:880 after seven years, effect of 45:192
-" Reading rule" 40 879 Misrepresentations by agent as to appli-
-suggested solution 40:880 cant's statements 37:260
Murdersub-
Discretion to decline suit by American of insured by beneficiar
rogee of alien principal against alien 24:227, 241; 34:788
47:535 Occurrence of loss before ratification of un-
Right to refund of insurance paid when authorized contract 20:504
assured has settled with tortfeasor Policy issued after loss varying prelim
47:880 agreement 29:554
Policy not in possessio
Subrogation: effect of contract giving a car-
rier the benefit of insurance 37:901, suing I6:52I
918; 38:II7 Property condem
- effect of loss of right through act of in- 2I:63I
sured 10:384; 37:90o, 918 Property used in illegal business 23:635,
- efforts of carriers to destroy subrogation 642; 24:503
37:902 Rescission of automobile liability policy by
--extent of right on "valued" policy insolvent holder and insurer after acci-
29:553 dent 44:470
- protection thereof by provisions in policy Suicide of insur
37:902, 9i8 542; 25:283
-when loss is paid without legal liability
24:676; 36:330, 347 Right to proceed
Right of optione
- whether accident company subrogated to
rights of insured 16:600 collected by optionor 47:532
Subrogation problems in suretyship Rights of lien-holder to insurance 38:
and
insurance 47:976-1008
Amount of recovery
- between insurer and quasi-insurer
Building about to be torn down as pub
47:987-995
- liability insurers 47:1002-1008 nuisance 21:631
Cost of repair increas
Defenses of insurer ing laws 15:859; I7:I35
Arson by agent of insured Io:I3I Fallen building destroyed by f
Barratry 10:131 Insurance of particular interests
Breach of warranty bailee
as to of chattels
fact 11:520-523
immateria
risk 36:597 - grantee under fraudulent conve
Defense of fraud in procurin 16:361
contestable after date 29:784 - lessee with option of purchase I0: I9I
Denial of recovery on insurance of -life tenant and remainderman
gang-
ster killed by rivals 49:837 i: 519-520
Disparity between claim and verdict - mortgageas of realty Ii:515-517
conclusive evidence of fraud 50: 36 - vendor and vendee of realty Io:191;
Duty of insured to disclose change in physi- ii:517-518
cal condition between application and "Percentage co-insurance" clause: effect
payment of first premium 36:884 on amount recoverable 16:452
Effect of payment by liability insurer to-when one fire intentional and one acci-
insured after judgment against insured dental, both causing the loss 24:134
but before garnishment of insurer madePro rata clause: operation when both com-
to defeat garnishment 40:784 pound and specific policies 26:80, 88

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INSURANCE 449
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refer

Reinsurance -collision while operating without lights


Direct liability of reinsurer to insured 33:706, 732
14:546; I5:803, n. I -its principles and practice 33:1079
Distribution of proceeds of reinsurance - stranding while zigzagging to avoid sub-
policy upon insolvency of reinsured marines 33:706, 732
Measure of recovery in sp
50:98-99
Liability of reinsurer to insured who ac- 9:432; I2:212; 14:465; 16:67,375
cepts assignment of reinsurance con- Origin and development 33:1079
tract in satisfaction of his claim 28:521 "Perils of the sea ": construction of the
Liability of reinsurer when insurer com- phrase 7:221-230
promises 29:102 "Piracy ": meaning, in policy 22:454
Measure of liability Recovery denied for partial loss
of reinsurer: from ma- in-
when
surer bankrupt I5:866; 28:302, 327 rine risk when followed by total loss from
-when insured insolvent 28:522 war risk 33:732
Nature of reinsurance contracts I5:866 Right of enemy insu
goods in enemy count
Accident insurance loss on war risk 30:389
Spontaneous combustion as ba
"Accident": defined 12: 42 covery: loss of cargo 12:133
-in personal accident and employers'
- losslia-
of ship I2:133
bility insurance 24:221, 240 Stranded ship destroyed by
"Accidental": meaning of, in policy recovery on valued policy 9:432
28:209 Total or partial loss: abandoned sunken
Failing to meet requirement of immediate
ship raised by insurer 12:212
notice of accident in employers' liability
Unseaworthiness as applied to liability
insurance 21:370
clause 41:537
Indemnity against consequences of criminal
Validity of state r
negligence 35:883 law of maritime contracts of insurance
Mental suffering: whether an element of
36:797
damage in accident policy I0:234 Valued policy: extent of insurer's right of
Nature of contract: whether wager or con-
subrogation 29:553
tract of indemnity i6:6oo
- insurer's liability for g
Poison taken by mistake: whether included
contribution by cargo 42:441
in " accident from poison " 12:434 -stranded ship destroyed by fire
Suicide during insanity resulting from acci-
9:432
dent: whether covered 9:156
Wreck of prize after capture as loss by peril
"Total disability ": construction of phrase
of the sea 21:55, 440
4:176-181
Marine insurance Mutual benefit insurance
Abandonment and subrogation in I8:383Amendments to by-laws: insanity as excuse
Assignment - consent of insurer as affect- for non-compliance 15:749
ing prior grounds of avoidance 41:926Assessment of members: whether paym
Barratry: whether covered unless specially legally enforceable 12:282
insured against I0: 131 Change of beneficiary: effect of cont
Collision while operating in convoy name new beneficiary 16:67
36:109
Constructive total loss: cargo warranted
- effect of invalid charge on rights of ori
free of particular average i6:375 nal beneficiary 21:278, 290
Denial of recovery for increased premiums - effect of payment of assessments by p
due to war risks to American shippers beneficiary 28:711
by German-American Mixed Claims -how accomplished I5:75; 16:67;
Commission 37:492 21:278, 290
-howagainst:
General average loss insured far distinguishable
effect from ordinary
of undervaluation in valuedinsurance
policy8:505; 14:375; 16:67
I6:67
- ship and cargo owned by insured
Divorce of beneficiary 20:498
14:465 Effect of misdescription of ineligible ben
"Hostilities ": meaning in f. c. and s. clause ficiary 44:864
32:859 Effect of statute limit
Law of general average 33:1079 ance beneficiaries on 39:121
Interest of beneficiary as consideration
Liability of captor for failure to insure prize
35:771 a contract 37:766
Liability of insurer for deck cargo on in- Limitation of actions 24:676
land voyage 17:283 Nature of insured's right to designa
Marine insurance certificates 49:239-261
beneficiary 23:311
Marine risk or war risk:Putative
generalwife asdiscussion
beneficiary 44:864
33:706, 732 Recovery by insured's executor of dues paid

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450 INSURANCE INTERNATIONAL LAW
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;
CASES. The figure in front of the colon refers in each instance to the volume.

in ignorance of ineligibility ofOld age insurance


beneficiary
39:111 Old age security 46:1or3-1or8
-compulsory old age insurance
Right of beneficiary to reinstate suspended
policy after death of insured 46:1017-o118
33:733 War Risk Insurance Act
Right of executor to sue for death benefitChange of beneficiary by notice from in-
fund 18:67 sured to beneficiary: effect of Bureau's
Right of insured's regulation that Bureau be notified
executor
certificate when illegal 40:785 bene
nated 23:311 INTENT
Right of society See Adverse
to amend Possession, Bigamy,
by-law Burd
ment of member I7:127; 26:180 Proof, Criminal Law (Mental eleme
Right of society to raise premiums 30:85 Dedication, Drunkards, Evidence, Ho
Validity of agreement to submit to tri- cide, Larceny, Rule against Perpetui
bunals of society 26:I78 Torts.

INTEREST
Employer's liability insurance
See and
Injuries accidentally suffered Agency, Bills and Notes, Bonds
disease
incurred 24:221, 240 tracts, Costs, Damages, Evidence, F
Liability of insurer before Courts, Legacies and Devises,
payment by Sales,
employer 29:882 States, Usury.
Liability of insurerINTERNAL for expenseREVENUE of an ap-
peal by insured in See action defended
Constitutional byTaxe
Law, Income
insurer 27:685
heritance Taxes, Intoxicating Liq
Right of employee against insurer be
Taxation.
satisfaction of judgment I8:395
Right of insurer to control litigation INTERNATIONAL LAW
31:657 In general
Subrogation of insurer to employer's right
Nature and extent of sovereignty
to reimbursement after injured party has
Change of sovereignty
released tortfeasor 42:447 Privileges and immunities of sover
Subrogation of insurer to employer's instatu-
foreign countries
tory right against tortfeasor Legationsinjuring and diplomatic agents
workman 35:343 Rights of citizens against foreign
ernments
Fidelity insurance Treaties
Contribution on partially League ofconcurrent
Nations obli-
gations by insurance companies
Permanent Court of International Justice
24:487, 506; 40:878-882 See also Admiralty, Aliens, Ambassadors
Nature of contract: relation to contract of
and Consuls, Conflict of Laws, Extradi-
suretyship 24:568, 581 tion, History of Law (International
Variation of risk: insured cashierlaw), acquiring
Jurisprudence, Prize Law, Sover-
majority of stock of bank 25:665 eign, Treaties, War.
Automobile liability insurance In general
A compensation plan for motor vehicle ac-Accomplishments of the Hague Conferences
cidents 45:1429-1430 of 1899 and I907 32:9I
Effect of failure of assured Accomplishments
to coiperate of the "W
upon injured party's rights against36:237-239
Conference" in-
surer 46:526 Allied Maritime Transport Coun
Legislative efforts World to War make35:975-977insu
antee payment American
of problems
tort35:972-974
claims
46:1325-1333 Arbitration of justiciable disputes
Liability of insurer for death of named as- 26:416-428
sured covered by omnibus clause Basis of decisions by an international arbi-
49:836 tration commission 37:492
Part insurance plays in recovery by injured Basis of jurisdiction 36:241-245
person in automobile cases 45:1429 British Year Book of International Law
Part negligence plays in imposing liability in 36:639-640
automobile injury cases 45:1428 China's new constitution and international
Persons having insurable interest 45:189 problems 33:328
Power of company's attorneys to bind in-
Citizenship by birth 41:643-647
sured by settlement 47: 38 Codification 50:400-403
Concentration
Right to enjoin preferential settlement ofand international law
multiple claims 49:658 3:589-592

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INTERNATIONAL LAW 45I
References in heavy-faced type are to LEADING ABTICLES; in i
CASES. The figure in front of the colon refers in each instance to t

Declaration of London of I909 and the Rights of British self-governing colonies


World War 34:695 under Treaty of Versailles 34:841
Declaration of Paris, i856 5o:400 Sanctions in current international law
Defects in the methods of enforcing inter- 46:358
national law 29:566-568 State security and the League of Nations
Distinction between justiciable and non- 4I:936-938
justiciable disputes 48:358-360 Status of Filipinos 42:811
Early international courts 35:245-246 Water rights between nations 36
Experiments in international administration
32:742 Nature and extent of sovereignty
Fifty years of international law Alaska: boundary dispute betwee
50:395-448 States and Canada I6: ISo, 418-435
Force as the basis of international law Application of "hot pursuit" doctrine to
45:402-404 extraterritorial waters 42:278
Hague Conventions and the World War Attempt to rob as piracy jure gentium
34:694 48:853
International coiperation in enforcing
Authority in the modern state 32:979
criminal law 36:1048 Crime on high seas: jurisdiction over same
International disputes, war and neutrality
I5:408; I8:304
40:662-664 Foreign merchant vessels: extension of local
International flying convention and the penal laws thereto I5:4II; 24:489, 503
freedom of the air 33:23-38 International law as limit to legislative
International law and constitutional law power 21:394-396
35:972-973International rivers 32:738
International law and practice 31:902 The judicial process - international
International law as part of the municipal tration 50:406-412
law I9:478; 22:66 Jurisdiction at the mariti
International tribunals in the light 40:1-29 of the
history of law 32:825-834 Jurisdiction in marginal seas 40:1-29
International unification of laws con- Jurisdiction of state to punish crime aboard
cerning bills of exchange 44:333-374 American vessel in foreign port 46:1338
Jurisdiction over territorial waters Jurisdiction over foreign vessels beyond
36:259-262 the three-mile limit 40:1-29
"Justiciable": theoretical and practical
Jurisdiction over high seas 40:1-29
justification for use of word in arbitra-
Jurisdiction over vessel in local port claimed
tion treaties 26:416-428 by foreign government under confiscation
Nationality or domicil asdecree
test of person's
50:827
international status 31:1074-1075 Jurisdiction over
National responsibility for damageJurisdiction
from to co
mob violence 49:1369 Law of territorial waters and maritime
Nature of international law jurisdiction
45:402-404; 4I:274-275
Legality of intervention 46:356-357
50:397-399
Necessity of modelling international law of the states
Metaphysical conceptions
after municipal law as a means to pre- 31:10-26
serve peace 29:568-571, 577-581 -Constant 31:105-113
Neutrality 50:436-448 - Esmein 31:114-118
Non-recognition as coercive
- or deterrent
Gerber 31:119-122
measure 50:434-436 -Hegel 3I:79-103
- Jellinek 3I:123,
Notes on the Statute of Westminster, 131-140
I931
- Jhering 31:126-130
46:261-289
Plan to enforce international
-Kant law to pre-
3I:4044
serve peace 29:577-581 - Rousseau 31:27-39
Powers of sea captains and Natural
consulscommunism in the sea-freedom
in crim-
inal cases 36:1049 of the sea 47:440-450
Principle of universal "commonage"
Nature of jurisdictionof of Un
seas and air 38:997 Court for China 21:437, 447
Private law sources and analogies
Need of international agreement to allow
4I:814-8r6 one country to take property in another
Problems of the War 33:629 21:23-3I
Question of the Bosphorous and Darda-
Piracy: jurisdiction over 38:334-360
nelles 31:317 Prescription in international law 17:346
Radio and aircraft 50:426-427 Problem of limitations upon the state
Regulations governing the treatment of In- 3I:2-9
dians as international law 35:352 Realistic conceptions of the state
Rights of aborigines 35:351-352 31:145-148, 162

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452 INTERNATIONAL LAW
References in heavy-faced type are to LEADING ARTICLES; i
CASES. The figure in front of the colon refers in each instance to

- Benoist 3I:175-176 - Mexican policy of President Wi


- Duguit 31:177-181 50:427-434
- Royer-Collard 31:165-170 -of a non-existing government 38:819
-Seydel 31:148-161 -of de facto governments 35:608
Recent treaties curtailing rights
- the criterion of terri-
of membership in family of
torial sovereignty 39: 43 nations 38:816
Sovereignty: general discussion of its lim-
Retroactive effect
its 2:70-87; 3I:186 governments 35:607, 6I9; 37:6o0;
Status of the Canal Zone 43:836 38:816
Submarine land: jurisdiction over Risk of liability to unrecognized govern-
3:367-373 ment on same claim as defense to action
Territorial waters: costs and damages re- at law 43: I60
fused for a violation of neutrality where
Status of Cuba un
unintentional 33:612 occupation 16:213
-extent of jurisdiction for Statusrevenue pur-
of Porto Ricans after annexation:
poses: " hovering acts " 36:613 whether aliens 17:412
- jurisdiction in wide bays, over threeWhat constitutes recognition 42:959
miles from shore 21:65 Withholding political recognition: effect
- rules for determining extent upon
of the sameforeign territory
acts within
16:150 38:816, 832
Tort on high seas: jurisdiction -suitover same
by Russian corporation in court of
I6:I40; I7:I99 equity 39:I27
Waters: right of one country to obstruct
flow of the same into another Privileges and imm
8:142-145 foreign countries
Change of sovereignty Action against unr
Absorption of a state: effect thereof on its ernment 38:619-621
existing treaties 15:847 Actions against the prop
Acquisition of territory by adverse posses- 32:266-27
sion 23:555, 561 Actions in rem against
Dissolution of government: its effect 38:617-61on
status of corporations 16:459 Contract by foreign gove
Doctrine of recognition 47:776-794 minister may sue thereon I6:60
-creative or declaratory process Counterclaims against sovereigns 36:871
47:778-780 Exemption from execution: whether waived
-duty to recognize 47:780 by submitting to suit 36:623
-facts to which appropriate 47:784-787
Exemption from suits: action by trust
-international character and implications
process against railway owned by foreig
47:782-784 sovereign 21:545
-non-recognition as a sanction upon vio-
-whether waived by
lation of treaty rights 47:787-792 I5:59
-recognition by another country -whether waived by travelling incognito
47:782-784 7:371
- recognition de jure and de facto How far applicable to an unrecognized
47:781-782 government 38:820
Effect of non-recognition on application of Immunity of governmen
Soviet law 47: 27 vessels from libel in a
Effect of recognition Jurisdiction
of foreign government
by consent o
38:615-61
on validity of acts of that government in
this country 3I:1167 Nature of sovereign imm
Existing laws: effect of cession thereon
Origin of doctrine of im
II:343; I5:220; 19:13I sovereign 38:601-603
-in Porto Rico: effect of annexation Power to sue foreign sovereig
thereon 19:624 national law 38:603-615
Right
Inhabitants of ceded of foreign
territory: sovereig
their civ
and political status I4:262, 272 Waiver of immunity 36:873
Legal effects of recognition 42:457
Legation and diplomatic agents
Limitation on retroactive effect of recogni-
tion 41:402 Diplomatic and consular immunities co
Obligations trasted 35:752
of
conquered nation
ing nation's liability thereon
Extraterritoriality an
Power of lomatic
deposed residence 36: 048
recognized go
to sue 41:I02 Immunity of diplomatic agents from
Recognition 42:728-729 extent of the same i2:495
-attitude of courts 48:533 -extent of waiver 31:802

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INTERNATIONAL LAW 453
References in heavy-faced type are to LEADING ARTICLES; in ital
CASES. The figure in front of the colon refers in each instance to the

-whether waived by unconditional ap-


tions between China and other states
pearance 27:489 33:328
Immunity of member Manual of collections of treaties and of col-
of diplomatic sta
charged with consular functions
lections relating to treaties 36:360
Multiple taxation - need for international
42:582
Immunity while traveling
action through 47:315 thi
states 38:400 Nature of jurisdic
Mode of establishing Court for right China tou
immunity 42:582 2I:437, 447
Right of asylum in legations,
Preparatory work especially
in interpretationin of trea-
South American countriesties I5:118-139
48:549-591
Reservations
Right to take by eminent to treaties: their
domain effect and
property
within embassy 21:25 the procedure in regard thereto 33:874
Russian-American treaties of 1825 and 1867
Rights of citizens against foreign govern- i6:418-435
ments Scheme of Versailles treaties 50:395-397
Alabama claims, see Alabama Claims. Standards as against rules in international
Calvo clauses 49:1219 law 34:776
China: rights of foreigners Status
to reside in and Sept
hold land therein I5:191-207 American Com
Corporations: right to protection the by the War 44:299
country of their stockholders 15:60 Thoughts on the unio
Decisions of the German-American Mixed and Scotland 33:1082
Claims Commission 37:492 Treaties of peace between the
Judicial determination of the status and the Central Powers 40:752-758
of for-
eign governments 35:607 - Austria and Hungary 40:757-758
Libel against government vessels - effect
32:727upon pre-war treaties 40:755-758
Private interests in claims against- foreign
Germany 40:752-756
states 42:930-934 - relation to Congressional P
Rights of corporations 33:358-375 tion 40:752-758
Russian Soviet as party defendant -relation to the Trea
35:768 40:752-758
Tort claims against foreign governments Treaty of Berlin: decisions of German-
American Mixed Claims Commission es-
I6:137
tablished under the treaty of peace
Treaties
37:492
Amendments 38:903 Treaty rights of Japanese: in California
Arbitration of justiciable schoolsdisputes
20:337
26:416-428
-to own lands 37:372, 381
Budapest articles of interpretation of Pact Undesirability of general internatio
of Paris 49:673-675 ties to diminish the conflict of laws
Clayton-Bulwer treaty: its history and 3I:1075-1078
binding force 14:52-56 Validity of treaties signed under duress
- legal rights under the same 3:53-73 46:357-358
Constitutionality of general arbitration Water rights between nations 36:979, 980
treaties I9:69 What is ship of war under treaty with
Constitutionality of Russia treaty 15:657protecti
gratory birds 33:28r, 312
Construction of extradition treaty League
- right of Nations
of reextradition 48:1023 Amendments to th
Effect of war upon preixisting general treaties 38:903-953
34:776, 782- adopted or proposed 38:920-940
Hague peace conferences, 1899, -procedure
I907 38:909-920
50:403-406 -provisions for amendment 38:906
International conventions and third states -time limit 38:913, 919, 939
3I:663 Its constitutionality under the United
International legislation 46:1040-1043 Constitution 33: I3I
International unification of laws concerning Its principles examined 33:487
checks 45:668-696 Lack of a " common superior" 38:997
Isthmian Canal treaty ofof1901:
League its
Nations and scope
its problems
and effect 15:725-732 32:739
Judicial process - international arbitration
Mandates - applicability of British statute
50:406-412to dominions' administration of man-
"Lawmaking treaties" 39:142 dated territory 43:322
Principle
Legal obligations arising out of treaty rela- and practice 33:125

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454 INTERNATIONAL LAW -INTERSTATE COMMERCE
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to R
CASES. The figure in front of the colon refers in each instance to the volume.

Lien on insurance fun


Representation in the League of the British
Empire as a unit and of its various do-garnishment proceed
minions 36:236-237 full faith and credit
Sovereignty, independence, at insured's
and domicil 47:I1179-118
equality in
a league of nations 33:487 Medial interpleader under codes
State security and the League of Nations 50:1031-1034
41:936-938 Mutual exclusiveness as a sufficient ground
Suits between states in Supreme Court com- for interpleader 37:388
pared to suits between nations in an in- Necessity of privity in interple
ternational tribunal 33:489 Right of certifying bank to i
Text of the Covenant as amended and in drawer 43:825
force April I, 1925 38:943-953 Scope of the reme
Tax cases 25:174, 197
Permanent Court of International Justice Use of federal act to dete
In general 35:245-275 claims as to domicil for inheritance taxa-
-early work 36:704-725 tion 49:1378
Administrative questions 36:722-725 Withdrawal from
Advisory opinions 37:984-1001 of amount of claims reduced to judg-
- during first session 36:717-722 ment before interpleader but paid after-
Availability of the Court to non-memberward 50:835
states 36:723
INTERPRETERS
Budget for 1923 and its app
Business for the Court 35:260-262 See Evidence, Witnesses.
Channels for communication with the gov-
INTERROGATORIES
ernments of the world 36:724
See Discovery, Evidence.
Establishment and operation 50:412-419
Jurisdiction 35:258-260 INTERSTATE COMMERCE
Law applied by the Court 35:255-258 In general
Nature of function of the Court Power of Congress: in general
35:253-255 Carriers: in general
Organization of the Court 35:246-249; Carriers: regulation of rates
36:705-707 Carriers: hours, wages and safety legisla-
Powers of international labor organizationtion
36:718-722 Interstate shipments: in general
Preparation of Rules of the Court Interstate shipments: prohibition of
36:705-717 Interstate property
Procedure 35:262-264 Interstate communication
Publishing service of the Court
Navigable 36:725
rivers
Relation of the Court to the Hague tri- Corporations engaged in interstate com-
bunals 35:251-252 merce
Rules of the Court as Regulation to advisory of tradeopinions
36:715-717 Power of states: in general
Rules of the Court asPower to summary
of states: effectpro-
of federal reg
cedure 36:713-715 tion
Selection of judges 35:249-250 State taxation
Statute creating the Court 35:265-275 Power of states: interstate carriers
Power of states: interstate shipments
INTERPLEADER Power of states: interstate sales
See Election, Equity, Injunctions, Surety-
Power of states: judicial proceedings
ship. See also Carriers, Conflict of Laws, Con-
Bill in the nature of interpleader when fund stitutional Law, Employers' Liability
inadequate to satisfy claims not mutually Acts, Federal Courts, Foreign Commerce,
exclusive 23:405 Foreign Corporations, Public Utilities,
Diversity jurisdiction of federal
Railroads, court
Restraint of Trade, wh
Statutes,
defendants are co-citizens 48:854 Taxation.
Effect of prior decree in favor of one de-
fendant 18:315 In general
Effect of prior judgment History and development
in 23:241-259
favor o
claimant 37:388 Meaning of commerce clause 24:83-90
Interpleader of judgments 50:835 Meaning of "commerce" in commerce
Interpleader permitted when there is de- clause 24:230, 241
fense against one claimant 14:622 Mr. Justice Holmes' int
Jurisdiction of federal court where one merce clause 29:688-690
claimant lives in the same state as the Opinions of Mr. Justice Holmes
applicant 30:521 41:135-138

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INTERSTATE COMMERCE 455
References in heavy-faced type are to LEADING ARTICLES; in italics
CASES. The figure in front of the colon refers in each instance to the volu

Opinions of Mr. Justice Brandeis


Elkins Act: effect of special saving clause in
45:67-78, 98-101
the Hepburn Act 21:223, 545
Overruling decisions of Supreme Enforcement
Court of Uniform Demurrage Co
46:623-633provision for charge on privately owne
State of the law in 1900 14:288 cars on public and on private tracks
Taney and commerce clause 49:1286-1302 30:756, 765
Federal power to own and operate railroads
Power of Congress: in general in peace time 33:775-793
Application of Robinson-Patman Act to Federal regulation of intrastate air t
intrastate transactions 50:122-124 43:837
Commerce power as constitutional basis of Foreign commerce and the Interst
TVA 48:80o-814 merce Act 40:1130-1135
Commerce which concerns more
- liability states than
40:1134-1135
one - power of Congress
- rates 40:where state ac-
131-1132
tion is ineffective 47:1335-1366 - through bills of ladin
Control of purely intrastate commerce Intrastate junction rail
33:784-790 for interstate shipment 25:741
Exclusiveness of federal control Mr. Justice Brandeis and the regulation of
I:159-176, 183; 2:279-281; railroads 45:4-32
4:221-233;'9:331-337; 33:292, 312 Ownership of means o
Federal crimes based upon commerce power a regulation of commerce
48:490-495 33:775-778
Federal taxation of interstate commerce: Prohibiting discharge of interstate railroad
constitutionality 22:27-37 employees for union membership
General discussion of limits 17:535-538; 50:1082-1083
24:78-83 Proposed amendments to Act of 1887
Insurance as interstate commerce: federal 23:249-252
supervision 19:142 Recapture of excess earnings in intrastate
Interference by Congress: commerce
whereunder
power de-
Transportation Act
rived from a state 24:641-642 37:152
where power derived from CongressRecovery by holder of free pass prohibited
24:642-643 by law, when injured by railroad
Migratory birds 33:281, 312 29:785
Modification of Supreme Court decisions
Requirement that interstate pipe lines be
under the commerce clause 46:610-612 common carriers held unconstitutional
Power to establish unified banking system 26:631, 655
47:334 Sherman Anti-Trust Law: as applied to
Processing taxes and protective tariffs railroads regulated under Interstate Com-
49:610-618 merce Act 36:456, 485
Production and commerce among the statesTransportation Act of 1920: effect
- Carter v. Carter Coal Co. 50:307-317 extending period of limitation o
Publicity in corporate business compelled against carriers 38:836
by Congress 24:98-102 -effect on state regulation 37:888
Putting interrogatories in the course
- effect of physical management of
upon the
regulating interstate commerce railroad
21:431,facilities 37:890
448 -its subject matter 36:896
Railroad reorganization law 49:1259-1260 -joint rates provision 36:886
Spending power of Congress as aided by -labor provisions 38:374, 402, 986
commerce clause 36:575, 577 Carriers: regulation of rates
Act of 1887: charges posted under act
To compel arbitration of industrial dispute
affecting interstate commerce 20:576
38:785-791, 1097 Federal control of intrastate rates 35:864;
Whether Congress may determine what is 37:889
interstate commerce I9: 42 Federal regulation of intrastate rates, which
conflict with interstate rates: the Shreve-
Carriers: in general port Rate Cases 28:34-81
Acts to regulate commerce: issuance of
Possibility that Clayton Act m
passes to employers of common carriersshippers to obtain injunction
not subject to the act 28:635 rate-making combinations am
Application of commodities clause to in- roads 36:459
dustrial railways 50:322-332 Fixing the respectiv
Authorizing federal control of railroads carriers for a thro
31:860-862, 870-874 a joint rate 2I:142
Control of interstate pipe lines not profes-
-necessity for court review
sing public carriage 28:84, I04 regulation 19:487-510

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456 INTERSTATE COMMERCE

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in p


CASES. The figure in front of the colon refers in each instance to the volume.

plant
Limits of congressional power to regulate and bel
rates 20:127-129, 133 Safety Appliance Act 32:288
-power of Congress to regulate Under Federal Employers' Liability A
railway
rates i8:572-587 what employees are protected 27:59
Power of Interstate Commerce Commission
to prescribe minimum rates under Trans-Interstate shipments: in general
portation Act 36:5-32 Carmack Amendment and agreed valuat
Separation of interstate andof goods in interstate
intrastate ac- shipments
counts in federal and state regulation of 28:557
rates 28:742-761 Carmack Amendment: application to ship-
ments between two termini in same state
Carriers: hours, passing throughand
wages another state 28:635
safety l
tion - constitutionality 24:404
Car on turntable at terminus I6:220 Constitutionality of law making f
Conflict between federal and state police interstate bills of lading a federa
regulations: Safety Appliance Acts 32:557, 574
26:757; 28:7II Control of exclusively intrastate shipments
Constitutionality of first Railroad Retire- over federal owned railroad 33:784-790
ment Act 49:1-43 Effect of bill of lading on character of ship-
Employers' liability decisions mentin 20:652
Supreme
Court 46:240-253 Effect of Carmack Amendment on contracts
Employer's liabilitylimiting
forliability
death of carriers
under26:456 fed
act: state statute Effect as ofgoverning
Carmack and Cummins Amend- distrib
tion of damages recovered 25:565; ments on liability of initial and terminal
26:374 carriers 36: 09
"Engaged in interstate commerce "- ef- Liability of initial
forts to define, under Employer's Lia- clause 24:404
bility Act 47:399-410 "Loss, damage o
Federal Employers' Liability mack Act Amendment 29:217
28:163-185
-Act of 1906 held unconstitutional Prohibition of interstate shipme
20:481, 499, 65I; 2I:290 Federal statute against shipping l
- Act of 90o8; employees protected by act states that prohibit its manufa
26:354,374 sale: constitutionality 32:733
--Act of 1908, general discussion Forbidding carrier to transport articles
22:38-47; 25:548, 565 interstate commerce in which it has an
-Act of 1908 held constitutional interest 21:595-601; 22:250-265
24:I56 Forbidding interstate transportation of
-applicability - injury on ferry oper- products of child labor 20:658;
ated by foreign railroad in territorial 32:45-67, 8i
waters 4I:674 - compared with taxation of income de-
Hours of Service rived from
Act: child labor 35:859
applicatio
nal company 32:86o Forbidding interstate transportation
products under
Independent intrastate railroad pure food law 24:
carrying
goods in transit from Lottery
anothertickets: carriage by interstate
state--
application of Safety Appliance riers forbidden
Act 16:508
21:447 Origin and destruction of rig
Power of Congress to permit application in interstate commerce 17:20-40;
of state compensation acts to injuries now 24:635-646
governed by federal acts 47:414-417 Power to condition shipment upon main-
Power to extend Federal Employers' Lia- tenance of prescribed standards of manu-
bility Act to injuries not received in inter- facture 47:87-9I
state commerce 47:410-411 Regulation of inter
of convict-made goods -validity of
Regulation of wages: Adamson Act
30:740 Hawes-Cooper and Ashurst-Sumners
Safety Appliance Act 32:288 Acts 49:466-473
- application to automatic coupler Restrictions
on elec- by Cong
tric car 30:765 of nullifying reserv
-application to
independent 23:445-449
intra
carrier of Transportation
goods in transit by a railroad of property
from an
state which it owns but is not going to use in
21:447
- requirement its business
of as carrier
mens 21:598-601 rea
Transportation of the
conviction under lottery ticketsSafetfor hire
Act 21:294 16:508
Switching Validity of Hawes-Cooper
cars forAct cokeand state c

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INTERSTATE COMMERCE 457
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTES; and in p
CASES. The figure in front of the colon refers in each instance to the volume.

statute prohibiting sale of convict-made


Buying, manufacturing, and selling in dif-
goods 49:1007 ferent states as interstate commerce
Webb Act allowing prevention 22:216, of
232 sh
of liquor into prohibited Commerce within ? 2 of the Clayton Act
territory
26:533, 554 44:867
Webb-Kenyon Act: interstate
Constitutionality liquor
of law regulating trading
ments 27:763; 28:225-236 in grain futures 37:136
Whether Congress can destroy 17:536-537 of NIRA 47:87-91
Constitutionality
White Slave Act 26:657 Extension of federal power under Pure
Wilson Act: applicability to Food foreign ship- Act 27:75
and Drugs
ments of liquor 26:533, 554 Federal Trade Commission: jurisdict
- what is " arrival " under act 20:331 what constitutes unfair competitio
commerce 41:675
Interstate property Labor provisions of NIRA 48:966
Authorizing existing corporation to build an Local sales of out-of-state poultry sold and
interstate bridge without consent of the delivered for local consumption 44:868
states 2I:147 National Arbitration Act: act forbidding
Interstate bridges 21:I47 employers to discriminate against mem-
bers of labor unions held unconstitutional
Interstate communication 20:499
Mann-Elkins Act: effect upon limitation of National Industrial Recovery Act
liability of telegraph companies for inter- 49:193-238
Organized labor and restraints on inter-
state messages 33:988
state
Radio broadcasting licenses commerce 43:459-462
46:887-993
Radio communications 41:812 Over combinations affecting interstate
Regulation of radio 49:1335 merce 17:41-44, 83-103, 151-155,
Telegram sent to a navy yard under ex- 474-478, 535-542
clusive federal jurisdiction 21:59 Power of Congress to equalize competitive
conditions among states 49:219-222
Power of Congress to increase buying power
Navigable rivers and prevent low-cost competition
Waters within control of Congress: " float- 49:222-225
able " streams 7:486 Power to accomplish purposes of National
Industrial Recovery Act 49:193-238
Corporations engaged in interstate com-
Scope of power over interstate trade-
merce
the Schechter case 49:193-238, 358-360
Creation of federal corporations to engage
Sherman Anti-Trust Law: applied to labor
in interstate commerce 32:695-708 union boycotting goods manufactured for
Federal corporations: company to erect in-
interstate trade 21:450
terstate bridge 8:231 -decided cases I: 80-94; 12:278;
-proposed federal corporation law
i6:178-185, 522, 583; 17:474-478
23:257-259-judicial interpretation of 23:253-257
Federal incorporation and securities regula-
-the rule of reason and the dissolution of
tion - extent of congressionalthe power
International Harvester Co.
49:396-425 28:87, II4
Historical argument against power
Power of Con-
of states: in general
gress to regulate corporations doing
Conditions in- corporations 42:677
on foreign
terstate business 19:168-199 Correspondence schools 23:644
National control and regulation of state of Leisy v. Hardin 4:221-233;
Doctrine
corporations 23:459-462; 26:679-683 8:353; 10:378
Power to confer on corporations "Dormant
special " commerce clause as restriction
rights or franchises 26:673-675 on state power 49:1288-1293
Power to enact incorporation laws Effect of commerce clause on exclusiv
26:667-671
intrastate commerce 33:784-790
Power to incorporate trading companies Exclusion of intrastate business of foreign
26:671-673 corporation engaged in interstate com-
Regulation of capital of interstate railway merce 23:549, 565
as an instrumentality of interstate com- Extent of state's power
merce 2I:431, 448 not acted 2:304-311; 9:331-337, 344
General discussion of limits 17:20-40
Regulation of trade General discussion of powers of states to
Agreement by beef dealers in
make regulations restraint
affecting interstate com- of
interstate trade 16:522; I8:469 merce 22:437, 454; 27:14-26
Baseball is not interstate commerce History of state legislation in regard to
34:559 terstate trade and its effect on the for

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458 INTERSTATE COMMERCE

References in heavy-faced type are to LEADING ARTICLES; in italics to NoTES; and


CASES. The figure in front of the colon refers in each instance to the volume.

tion of the federal constitution carrier to recover unpaid bal


22:29-35 schedule rate 25:292
Interference by state where power derived
Power of Congress to permit
from Congress 24:641 state compensation acts to i
Interference by state where power governed by federal acts 47:414-417
derived
from state 24:640-641 Power of states to regulate issue of rail-
Interstate transportation of goods by owner
way securities during federal control
12:353 32:709
Modification of Supreme Court decisions Power to legislate concerning national cor-
under the commerce clause 46:593-610 porations 26:677
-original package doctrine 46:604-610 Railroad regulation: ef
Opinions of Mr. Justice Brandeis Amendment on contrac
45:68-78 of carrier 26:456
Police power of state: how far subordinate - effect of Carmack Amendment on state
to federal control 2:270-278, 293-315; statute requiring carriers to trace ship-
4:221-233; 8:353; I0:378, 441; 11:544; ments 27:I83
I2:278; I4:288, 542; 19:53 Regulation of int
Police power over domestic newspaper's toxicating liquor
dissemination of news and advertising 27:763; 28
as a burden on interstate commerce Regulation of int
40:654 convict-made goods under permissive
Regulation and price fixing in wheat indus- legislation of Congress 49:466-473
try 35:883 Regulation of rates and tolls over interstate
Regulation ofbridges issuance
and ferries 23:484; 33:292, 312 of
32:579 State jurisdiction to hold unreasonable
Requirement by city that its supplies be charges posted under Act of 1887 20:576
produced within state 19:70 State laws as to liability of telegraph com-
Sale of stocks and bonds brought in from panies for error or delay after passage of
outside the state 27:74I, 756 Mann-Elkins Act 33:988
Scope of states' power 35:864 State power to regulate locomoti
Silence of Congress-police power ofment the since amendment to Boiler
states 41:200-224 tion Act 39:395
-when deemed regulation 2:296-300; Validity of Hawes-Co
9:331-337; 37:893 statute prohibiting s
Smith v. Illinois Bell Tel. Co.: a develop- goods 49:o007
ment in the law of public utilities Vessel licensed by
44:833-837 local regulations 3:350-365
Tests of interstate character of state law When state control is superseded 37:890
i:159-184; 2:281-282
Whether Congress can destroy I7:536-537 State taxation
In general 26:358, 375, 457; 33:96
Power of states: effect of federal regulation Agent selling foreign-owned goods 22:454
Authority of state law in actions for injuries Application of general privilege and prop-
resulting from violation of Safety Appli- erty taxes to wagons engaged in interstate
ance Act 49:456-461 commerce 21:6I8, 634
Concurrent reports byCommerce railway clause to
and state
state taxation
and -
federal commissions 20:419 Taney's views 49:1290-1292
Conflict between federal and state police acting as principal in making
Consignee
regulations: pure food laws 26:757 liveries 25:566
-Safety Appliance Acts 26:757 Corporations enga
merce I7:259-265
Control by state of federal owned railroad
33:778-786 Foreign owned cars e
Control of local railroad building 39:754commerce 31:900
Curtailment of state regulation by the Franchise tax on f
Transportation Act of 1920 37:888 in fact doing intr
Effect of federal statute not to be in force 38:1116
for one year from its passage on state Franchise tax upon
statute passed during the year, in a mat- of foreign corporations 39:292-296
ter over which power of Congress is only Franchises of transcontinental railroad cor-
potentially exclusive 23:643 porations 23:246-247
Goods
Inability of states to control intrastate in transit 26:358, 375, 658
rates
under federal control 33:94, II5 Gross receipts of interstate carriers
Intrastate rates conflicting with interstate 20:503; 3I:576-580
rates 28:34-81, 294-298 Income tax on foreign corporation
Jurisdiction of state court over action by 39:396

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INTERSTATE COMMERCE 459
References in heavy-faced type are to LEADING ARTICLES; in italics
CASES. The figure in front of the colon refers in each instance to the volu

Indirect encroachment by means Taxation of prop-


of foreign corpo
erty taxes not discriminating do business
against inin-
the state 38:365
terstate commerce 32:234-265 Taxation of goods sold in original packages
- taxes measured by gross receipts 37:157
32:377-416Taxation of radio broadcasting
-taxes not measured by income 49:473-478
32:671-678Telegraph company exercising federal privi-
- taxes on net income " as such " leges 23:644
32:634-671 Telegraph poles
License tax on broker in interstate trade 7:I20
Transportation of oil in pipe lines 35:620
7:238; I4:70
License tax on foreign corporation meas-
Validity of state occupation tax measured
ured by capital stock 42:952 by gross proceeds of sales including those
License tax on peddlers of frames who inalso
interstate commerce 40:908
sell portraits 21:632 Validity of tax based on gasoline sold to
Local business of foreign and domestic
interstate cor-company 45:384
air transport
porations engaged in interstate commerce
- where proceeds are devoted to municipal
31:581-618, 721-778 airport 45:385
National corporations 26:678-679 Validity under Twent
Organization and license tax on no par value
state tax on liquor i
stock of foreign corporations 39:300states 50:353
Original packages containing articles of in-
Wagons employed
terstate and foreign commerce articles from de
2I:353, 373 21:618,
Powers of states to affect interstate com-
merce by exercise of the taxing power Power of states: interstate carriers
3I:572-618, 721-778; 32:234-265, In general 9:326-330,344; i6:178-185, 508
374-416, 615-619, 634-678, 902-931 Basis in Minnesota Rate Cases in division
Privilege tax on interstate pleasure excur- between interstate and intrastate busi-
sions 47:881 ness 28:753-755
Privilege taxes on corporations
Compelling h
a parti
par value stock 43: 04-109 as there is no loss on the whole intra-
Proceeds of sale of foreign imports,
state re-business 21:49, 56
tained temporarily in the bank Interference
to meet with state regulation
small expenses, taxed as property em- 24:679
ployed in business 21:353, 373 Long and short haul provision ap
Property of foreign corporation within theonly to intrastate commerce 46:719
state 38:363 Long haul interstate, short haul intrastate
Recent Supreme Court decisio 15:570
fornia and Massachusetts statutes Obligations of interstate carriers: how far
31:932-953 based on state law I7:27-40
Rolling stock of foreign corporation Power of state commission to regulate rat
20:138, 155 of interstate natural gas company suppl
Sales taxes 47:865-866 ing local distributing agencies 32:8
Power
State franchise tax on foreign to fix rates on intrastate business
corporations
measured by capital composed entirely
low for fair return on investment 25:19
of imports 46:I024 Prohibition against interstate carrier carr
State power to tax proceeds ing of interstate
on intrastate public service functi
commerce 28:93, 15 without domestic incorporation 45:140
State tax on interstate C.O.D.
Prohibitionshipments of trains
of Sunday freight
intoxicating liquors: Webb-Kenyon Act 10:378
28:432Railroad regulations: compulsory stoppi
Tax on foreign corporations measured
at stations by
20:378; 20:330
authorized capital stock 50:
-regulations 176-1177
by state commission as to
Tax on owners and operators
demurrage of 27:388;
radio 28:328
re-
ceiving sets 44:992 Regulation of intrastate business of m
Taxation: developments --bus
I933engaged in interstate commerce
47:1216-I221 39:900
Taxation and regulation by states of prop- Regulation of rates on electricity generated
erty in possession of United States when in one state and sold in another 40:906
engaged in interstate commerce 33:94 Reservation by state of right to fix inter-
Taxation discriminating against sales origi- state rates as condition of incorporation
nating in other states 3I:573-574 or lease 26:539, 554
Taxation exemption in favor of local manu-Route over high seas with ter
facturers 12:431 state 27:686

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460 INTERSTATE COMMERCE

References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and


CASES. The figure in front of the colon refers in each instance to the volume.

Separate accommodations for races Goods shipped from one state to another
in inter-
state trains 26:456 pursuant to an order taken by a drummer
State regulation of interstate in the buslatter state 23:66
transpor-
tation 40:882-886 Over acts performed by vendor in
State regulation of sale after delivery to
intrastate purchaser
busines
motor bus engaged in interstate 39:489, 5II c
merce 39:900 Scope of state legislation authorizing resale
State regulation price maintenance
of 49:819-821
moto
interstate commerce 41:260 Traveling salesmen soliciting orders for
State regulation of private interstate liquortruck- 20:577
ing business 38:980
State regulation of rates 9:324-345, Power of states: j
Attachment of rol
I2:50; 20:129-131
carrier and garn
Statute penalizing railroads for failure to
furnish cars on request under police carriers for fre
330; 2I:59; 23:642
power 24:581
Constitutionality of statute requiring inter-
Telegraph regulations: forbidd
tion of liability 24:404 state carrier to appoint agent to receive
service 44:644
Termini within one state of route partly
Effect of federal s
within another state 16:597
and distributing c
Traveling on one ticket between points
state commerce up
within one state, upon a journey to a
state statute 23:642
point outside the state 21:370
Effect of general appearan
Power of states: interstate shipments road engaged in intersta
Application of " original package " doctrine 43:1156
to interstate aspect of New York milkJurisdiction over corporat
control law 48: I437 merce clause 42: I065-1068
Convict-made goods: statute Jurisdictionrequiring
over foreignthat corpo
they be labelled unconstitutional cause of action arising outside
26:78, 88 42:I3I; 44:863
Effect of intent of person Place of trial
to in civil actions-effect
whom goods of
are shipped 26:554 commerce clause 43:1232-1235
Excessive state inspection feethat
Requirement as foreign
a burden corporation do-
on interstate commerce 34:333 ing business in state file certain certificate
Forbidding limitation of liability II:544before bringing action 23:66
Game laws: sale or transportation outStatutes
of interfering with right of forei
state forbidden IO:I27; I4:288 corporation to enforce in state cour
Liquors excluded by state laws 4:221-223;contracts arising in interstate commer
8:353 28:431
Statutory provisions for service on, an
Oleomargarine excluded by state laws
8:353; I4:288 garnishment proceedings against, foreig
Original packages, doctrine of i8:53o; carriers as unreasonable burdens on in-
49:I007 terstate commerce 38:II7
-broken by agent for delivery 24:324 Suit by non-resident on for
- what packages are " original " 4:284, action against railroad opera
339 47:710
- when is interstate character lost 4:284; Suit by resident against foreign carrier not
8:353; I4:288, 542 found within state 45:I263
Police power of state: prohibiting shipment
INTERSTATE COMMERCE COMMIS-
of fruit unfit for consumption 28:819
SION
Power of a state to prohibit exportation of
its natural resources 37:893, 912 In general
Regulation of rates
Prohibition of condensed milk made of
skimmed milk 31:1031 Regulation of service and facilities
Discrimination under Interstate Com-
Prohibition of exportation of natural gas
merce Act
25:90
Requirement that baggage be traced Railroad reorganizations
Relation to courts
through connecting carriers 20:420
Restricting the sale of convict-made goods
In general
44:847-849 Administration of general railroad contin-
South Carolina Dispensary Act I0:441 gent fund 37:740
Power of states: interstate sales Application of the princip
Discrimination against sale of foreign goods Reserve Banking System
8:359; 10:441 35:43-46

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INTERSTATE COMMERCE COMMISSION 46I
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plai
CASES. The figure in front of the colon refers in each instance to the volume.

Approval of acquisition by one carrier


Powersof of commission: as affec
control over others not involving eral
con-control of railroads 31:863-867
solidation 37:735-738 -constitutional limitations distinguished
Authority over short-termfrom borrowing by
statutory limitations 27:550-553,
railroads 46:5HI 555-560
Compulsory testimony -force before commission:
and effect of orders of commission
constitutionality 5:346; in general 8:175; 9:357;
23:12-29
10:120; 39:700-713
- nature and extent 2:284; 11:334;
Concurrent right of states to require 27:545-569 re-
ports 20:419 Powers of commission under the Transpor-
Consolidation tation of railroads Act 35:865 -
compulsory sale Powers of interests
over railroad of ra
ing stockholders Federal - federalControl Act cond giv
proceedings and the Seventh
thority Am
to assume contro
4I:29-50 31:863-866; 32:3
Constitutionality of of
Purpose federal
Transportatio sta
ing penalties for adequate disobeying
national transp
commission which have 47:500-502 not re
dicial sanction 23:22-29 Recovery of excess railway operating in-
Economic forces that must be considered
comein37:142, 740
fixing rates 35:39-42 Regulation of management 36:898
Effect of Commission's denialRegulation of security issues: conditional
of reparation
against railroad upon recovery
approval under
of security issues 37:733-735
Sherman Act against combining carrier
- restriction to prevention of manipulation
and warehouse 48:520 and " watered stock " 37:724
- the
Effect of Esch Cummins Bill on reorganization
certainty of cases 37:732
rates 33:1053-1054 - the stock dividend cases 37:725-732
Effect of filing the terms ofCourt's
Supreme limitation of
use of administrative prac-
liability with commission tices of27:737,
Commission 755
as aid to construc-
tion 46:
Effect on jurisdiction of territory's oo6-IoI
becom-
ing a state 22:145 Tort jurisdiction 30:749
Efficiency decreased by Transportation
delays caused Act,by1920, and regulat
right of appeal from its decisions
management to the 36:898
courts 23:249-252 Transportation Act, I920, op
Flexibility in application of rules
Justice Brandeis 36:454
45:23-24
Interlocking directorates: approval
Undue preference by
between localities: T
Commission 37:738-740 & Pacific Ry. v. United States
Interstate Commerce Commission and rail- 47:494-502
road consolidation 43:192-250 - carrier's control of both preferential and
Jurisdiction over railroads 35:37 prejudicial rate 47:497-502
Jurisdiction to enter reparation order
- fixing minimum rate to eliminate prefer-
against corporation ceasing to be com- ence 47:500-502
mon carrier pendente lite 46:341 -port as a " locality" 47:495-497
Laches not ground for denying reparation Use of final valuations for other than rate
25:665 making purposes 39:884
Limits of administrative discretion under Whether commission has legislative or
Transportation Act 37:708 dicial powers as an adjunct to the leg
Methods of determining rates lative and judicial branches of the Un
21:175-194; 37:174-200 States government 23:15-22
Mr. Justice Brandeis and the regulation of
Whether jurisdiction of commission is ex-
railroads 45:4-32 clusive 27:554-555
Nature of congressional Work
powerof the
tocommission
regulate 28:419
railway rates 20:127-133
Regulationof
Power over security issues: history of rates
45:855-866 "Back haul" 36:450
Power to compel disclosure ofCarrier's
corporate right to profit on
affairs 47:339-340 23:63
Power to compel testimony in Circuitous and direct
a purely fact routes 36:452
finding expedition 39:709-714 Competition as basis for Fourth Section re-
Power to inspect correspondence of carriers lief under long and short haul clause
28:636 36:428
Power to propound interrogatories Competition of rail carriers 36:431
21:431, 448; 22:383 Competition of water lines 36:434
Power to regulate railway management of Economic development of the nation by
finance 37:705-743 means of rate adjustment 42:610-638

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462 INTERSTATE COMMERCE COMMISSION

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in p


CASES. The figure in front of the colon refers in each instance to the volume.

Reopening
Effect of compelling carrier to demand pay-application for reduced rates
ment in United States currency foraftership-
elimination of water competition by
ment under through rate from Canada natural causes 30:276, 291
when Canadian currency has depreciated Theory of rate regulation 36:897
40:907 Transportation Act, I92I, and joint division
Effect of reshipment to evade interstate rate of rates 36:885
36:339 Treatment of depreciation 48:725-726
Extent of Fourth Section relief under longValidity of rates filed without compliance
and short haul clause 36:444 with commission regulations 44:654
Filed tariffs, effect of 45:6-12 Valuation of public service companies for
Function and performance in rate making rate purposes 27:369, 395; 419-436;
49:r384-1387 744, 768
Group division of joint rates 44:47I Valuation of railroads 35:34; 45:25-26
Hoch-Smith Resolution and the future - attitude of commission toward reproduc-
of the Interstate Commerce Commission tion cost new as a rate base 41:579-592
42:610-638 - economic merits of original cost and re-
Joint division of rates 36:886 production cost as a rate base
Judicial record of the Commission's at- 4I:593-622
tempt to carry out the Hoch-Smith Reso- Value of service as a factor in rate making
lution 42:621-630 32:516-556
Jurisdiction over international joint Whether the commission has power to fix
through rates 44:300 a joint rate in connection with a carrier
Lake cargo coal case 42:623-637 not yet doing business 30:190
Long and short haul clause 36:426-455;
48:1399-1400 Regulation of service and facilities
Market competition 36:437 Abandonment of existing lines of railroad
Necessity of investigating needs of connect- 37:716, 721
ing carriers before reducing divisions Application of commodities clause to indus-
41:914 trial railways-interpretation by Com-
Political record of the Commission's at- mission 50:327-330
tempt to comply with the Hoch-Smith Assigned car cases 37:753, 773
Resolution 42:631-637 Authority over terms of receiving connec
Power of the Commission to fix rates: The ing carrier's float at terminal 46:152
Intermountain Rate Cases 28:110 Authorizations of new railroad construc-
Power over intrastate rates 45:19-21 tion: in general 37:710-716
Power to fix rates on principle of equalizing -prevention of construction when no
geographical advantages 23: 135, 149 tificate has been obtained 37:713
Power to forbid advance of rate on ground - tests of public convenience and necessity
of hardship to shipper 24:581 37:711
Power to order equalization of intrastate Compulsory extension of railroads under
rates with interstate rates 26:757 the Transportation Act 46:1301-1307
Power to regulate intrastate rates: the Efforts of the commission to prevent dis-
Shreveport Rate Cases 28:59-81, crimination in car service to coal mines
II3, 294-298; 35:864, 886 37:753, 773
Railroad revenue problems as affected by Power of commission to require tank cars
the decline of traffic 48:1382-1400 30:381, 399
- economical management 48: 1383-1388 Power to regulate pro rata distribution of
- rate policies in general revenue cases cars 23:569
48:1389-1394 Power to requir
-rate policies in special rate cases and necessity
48:1394-1397 construction
- voluntary reductions in rates Regulation of service 36:898
48:1397-1400
Rate regulation and geographical adjust- Discrimination under Interstate Commerce
ment prior to the Hoch-Smith Resolu- Act
tion of I925 42:613-638 Discrimination prevented by demurrage
Reasonable relative adjustment between charge on privately owned cars on public
long and short haul rates 36:449 and on private tracks 30:756, 765
"Reasonably compensatory " rates Distribution of cars without counting cars
36:445 not owned by carrier as constituting dis-
Regulation of rates: The Five Per Cent crimination 21:442
Rate Cases 28:97, 413 Elkins Act: discrimination under
-minimum rate power 36:5-32 20:635, 647
Hepburn
Relation between long and short haul rates Act - counterclaim by shipper in
36:448 action for freight charges 43:151

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INTOXICATING LIQUORS 463
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Offense of obtaining reduced rates by false interstate carrier without prior actio
billing complete before transportation the commission 28:816
21:Z35, 147, 542 Limitation on jurisdiction
Opinions of Mr. Justice Brandeis 45:26 45:14-19
Powers of commission: to decide whether Minimum rate orders und
undue advantage is gained by any lo- 48:1398
cality from the operation of intrastate as Order of commission inope
compared with interstate rate 27:25 uncertainty 3 : I03I
Rate preferences 45:12-14 Power of courts to review
Receiving illegal concessions from published 30:290
rates a continuing crime 21:135,Power I47,
to review finding of fact
542 37:741-743
Regulation of rates: burden of proof where Powers of commission: under what circum-
discrimination is alleged 30:642 stances commission's finding that rates
Responsibility for discrimination under are unreasonable will be set aside
? 3 of the Interstate Commerce Act 27:560-567
35:769 Primary exclusive jurisdiction over suit
Tendency of a common law or statutory ac- against interstate carrier on questions of
tion for damages to result in discrimina- fact or discretion 36:757
tion as a reason for denying recovery Railway valuation and the courts
36:458 33:902-928
Railroad reorganizations Recovery by carrier of balance of leg
Commission and railroad reorganizations from consignee when lower rate ori
47:583-589 charged 27:83
Control of railroad reorganizations by the Recovery by carrier
Interstate Commerce Commission from consignor wh
44:838-841 nally collected fro
Interstate Commerce Commission and in- Recovery by shipper
terstate railroad reorganizations by the commission 21:59
45:855-889 Regulation of interstate commerce
Powers and duties under Railroad Reorgan- courts pending investigation by t
ization Act of 1933 47:18-58 terstate Commerce Commission 2
Railroad reorganizations 48:1106-1108 540; 23:569
Supervision of railroad reorganizations Tariffs: liability of railroad for quoting
49:1256,1258-1259,1267-1268 published rate no longer applicable be-
cause of change in name of station
28:516
Relation to courts
Trial de novo and independent judicial re-
Appeal from order allowing only limited view of Commission's rate orders
increase in general rate level 50:85-93
48:1392-I394 Valuation as a requirement of due process
Appeal from order denying increase in of law in rate cases 43:1275-1280
rates on specific commodities Valuation-necessity for independent judicial
48:I396-1397 judgment 39:880, 904; 40:1033-1076
Collateral attack upon negative order of
Commission 48:520 INTERVENTION
Federal jurisdiction of suits See
for damages to
Parties.
interstate business caused by illegal rates
is exclusive 30:400 INTOXICATING LIQUORS
Final valuations of the Commission as See also Conflict of Laws, Constitutional
prima facie evidence 39:883 Law, Contributory Negligence, Criminal
Function of legislature and judiciary in rateLaw, Drunkards, Equitable Servitudes,
regulation 38:171-175 (Former jeopardy), Illegal Contracts, In-
Judicial power to set aside terstate orders of Inter-
Commerce, Landlord and Ten-
state Commerce Commission ant, Taxation.
41:381-384
administrative orders which do not de- In general
cide substantive rights 41:384 Action after repeal of Eighteenth Amend-
- affirmative orders 41:38I-382 ment for price of liquor sold before re-
-refusal to act 41:383 peal 50:834
Judicial review of findings 37:741-743
Enforcement of
Jurisdiction of courts over suit against in-
Entrapment in l
terstate carrier without prior action of while driv
Killing
the Commission 36:757 the influence of
of statute 41:669
Jurisdiction of state court over suit against

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464 INTOXICATING LIQUORS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to
CASES. The figure in front of the colon refers in each instance to the volume.

License to sell liquor granted during na- Statute forfeiting interest of innocent mort-
tional prohibition set aside at suit of gagee in automobile used in transporting
private citizen 33:478 liquor 39:265
Validity of agreement which Statute
would result giving com
in a violation of a foreign liquor grant law and revoke
42:436 ing 19:607, 6i8
Legislation: constitutionality Statute prohibiting p
Anti-liquor legislation 42:880-882 use 31:658
Concurrent and consecutive sentences Validity of state legislation 31:659
45:535-54I Validity of state statute adopting in ad-
Concurrent power of Congress and the sev- vance federal regulations 36:752
eral states to enforce the Eighteenth Webb Act allowing prevention of shipment
Amendment 33:968 of liquor into prohibited territory
Constitutionality of Eighteenth Amend- 26:533, 554
ment 33:223-235, 659-666 Wilson Act: applicability to foreign com-
Constitutionality of state legislation under 26:533, 554
merce
the Webb-Kenyon Act 28:225-236 - state police power under 19: 53
Double jeopardy -identity of offenses
45:535-54I Legislation: interpretation
Due process: state conferring summary Application to the purchaser or his agent of
prohibition against selling or transporting
jurisdiction on mayor's court whose costs
are paid only by convicted defendantsliquor 27:282
40:1149 Beer, whether "sp
Effect of national prohibition on licenses meaning of Unite
issued by state 33:478 Definition of " arrival" in Wilson Act
Exclusion of liquor by states: relation to 20:331
interstate commerce clause "Drinkable liquids " in Canadian statute
4:221-233;
8:353 33:615
Federal taxation of state liquor monopolies Election of remedies: right to proceed
47:321-325 against driver of automobile under Na-
Forfeiture of automobile used in carrying tional Prohibition Act and against vehicle
liquor when brought into state without under Internal Revenue Law 41:676
the mortgagee's consent 40:1148 Inconsistent verdicts 45:93
Jurisdiction of one state to declare for- Interpretation of the Volstead Act 3
feited an automobile, property of an in- Is possession of liquor for use in the
nocent non-resident, engaged without his authorized by the Volstead Act wher
consent in carrying intoxicating liquor liquor is located outside the home
34:200, 212 34:437
Law forbidding carrying liquor at nightLiquor laws in the United States: general
I2:353 discussion 2:125-138
Meaning of words " concurrent power "-license laws 2:130-135
33:968 - local option laws 2:128-130
National Prohibition Act ? 23 43:1159 - prohibitory laws 2:125-128
Perjury: material testimony in grand jury - state constitutions: provisions therein
investigation 40:78o ferring to liquor 2:135-136
Power of state to control Naturetheof double tax under National
possession of Pro-
liquor 20:577 hibition Act 35:347
Prohibition and the war power 33:585, Ordering delivery of liquor a
6o8 transport under National Pr
Saloon a nuisance per se although licensed 43:317
7:487 Sales
Scope of injunction against nuisance under Action for breach of warranty in illegal sale
the National Prohibition Act 40:786 45:187
South Carolina dispensary law 8:174; Club members: what constitutes a sale to
10:441 4:183; 8:426; 10:125; I3:694; 20:543
State law forbidding sale of liquor by aliens Criminal responsibility of employer for acts
4:337 of employee 33: 15
State law forbidding sale of liquor to In- Damages: exemplary dam
dians 8:504; 11:414 by wife for sale of liquo
State statute requiring giving of unreason- 9:221
able notice by holders -posthumous
of federalchild's actioninternal
for damages
revenue licenses 23:465, 487 under statute for loss of means of support
State tax on interstate C.O.D. shipments by unlawful
of sale of liquor I9:64
intoxicating liquor: Webb-Kenyon - recovery
Act by drunkard against vendor un-
28:432 der civil damage law 27:279

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INTOXICATING LIQUORS--JOINT TENANCY 465
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Guilt of agent of purchaser 42:279 Joinder of executor of deceased obli


Injunction against liquor-selling as public survivor I6:454
nuisance 9:521-533; 40:786 Right of joint make
Lawful sale of liquor with knowledge in fullthat
and taking assignment 44:986
it is to be resold illegally 29:453 Statute of Limitations: part payment by
License to sell liquor: burden of proving its one joint and several obligor as admin-
existence 11:128 istrator of other as acknowledgment of
"Original package" doctrine:
personal applica
liability 43:325
to sales at retail 14:542 - tolling of, by payment by one
- what constitutes 4:339 joint obligors 19:57; 20:332
Passing of title: liquor shipped C.O.D.:
Suretyship contract between joint deb
time when title passes 1I:468 after debt arose: effect 8:56
- liquor shipped without order: time when -effect of creditor's knowledge
title passes 13:609 25:214-218
Saloon a nuisance per se Unsatisfied although judgment
licensed on check given
7:487 one: effect 8:I77,286
Validity of covenant not to sell liquor on
certain land when taken to create mo- Creditors' rights
nopoly 21:450 Composition with creditors, p
payment by one joint debtor
INVENTIONS other I9:13I
See Patents, Trade Secrets. Covenant not to
25:209
INVITEES Effect of alterat
See Dangerous Premises (Liability to in-
tion with know
vitees). i8:118
Release of one joint debtor: effect 15:491;
IRRIGATION
25:204-209
See Eminent Domain, Taxation, Vendor
Rights of released debtor 25:219-221
and Purchaser, Waters. Suretyship relation between joint debtors:
effect of covenant not to sue one
ISLANDS
25:211-214
See Accretion.
JOINT STOCK COMPANIES
JAPANESE
See Aliens. See also Associations, Corporations, Part-
nership.
JAPANESE LAW Negotiability of coupon bonds payable
from company's assets upon which stock-
Conflict of laws 33:995 holders are not liable 21:441
JEOPARDY Whether taxable under corporation tax
See Constitutional Law, Criminal Law 29:342
(Former jeopardy). JOINT TENANCY
Bank deposits: title of survivor to funds
JOINT ADVENTURES withdrawn by decedent 44:301
Collection agent's right in funds from which
See also Associations, Joint Tenancy, Part-
nership. he may deduct commission 21:287
Distinguished from partnership 33:852, Confusion between rules determining exist-
868 ence of joint tenancy and existence of
Effect of impossibility of accomplishment gifts to class 49:921-922
37:773 Effect of conveyance " to A an
Fiduciary relation between co-adventurers: executors, administrators and as
duty to divide secret profits 33:852, 868 23:214, 228
Liability of attorney as joint adventurerEffect of joint devisee's promis
for negligence of associate 47:1056 prevent alteration of a will, up
joint devisees 21:286
JOINT AND SEVERAL OBLIGATIONS Gift of joint interest in sav
See Bills and Notes, Contracts, Suretyship. co-owner 48:338
Joint savings bank de
JOINT DEBTORS survivorship therein 38:243
See also Bills and Notes, Res Judicata, Joint tenancy for life and remainders sev
Suretyship. ally in fee 6:32I
Notice of secret trust to
In general 13:520
Application to the debt of consideration Severance: delivery of deed in escrow
paid for release 25:218 35:89

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466 JOINT TENANCY -JUDGES
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;
CASES. The figure in front of the colon refers in each instance to the volume.

Taxation of right of survivorship under


Application to
New York transfer tax 28:437 contribution b
Wilful slaying of others' tenant 50:98
49:732-735 Contributory
JOINT TORTFEASORS Effect of assum
See also Contributory Negligence, Damages, feasor 48:517
Illegal Contracts, Judgments, Quasi Effect of "last clear chance " doctrine and
Contracts, Res Judicata, Torts. indemnity agreement 37:625
The English Joint Tortfeasors Act
In general 49:315-3I9
?Contract to indemnify printers against Impleading negligent employer as joint
claim for libel 22:306 tortfeasor in compensated workman's ac
tion with
Discharge of one joint tortfeasor againstreser-
third party 46:167
vation of rights against others In admiralty
22:458 29:546
Distinction between joint tortfeasors Indemnity andas between pa
contributors to injury in regard delicto to28:636;
full 34:215
individual liability to the injured Indemnity for liability for a t
person
23:406 at another's request 38:397
Division of damages between, in admiralty Injustice of common law rule
19:I29 47:1132; 50:1238-1239
Effect of judgment against one: withIntentional
par- or conscious wrongdoers
tial satisfaction I2:67 I2:176-182
-with tender of amount 12:66 Legislative efforts to distribute loss between
-with nonsuit as to other 18:229 joint tortfeasors 45:369-375
-without tender or satisfaction II:556 Negligent or unconscious wrongdoers
Effect of judgment against, or release of, 12:182-194
one tortfeasor 50:1229-1239 Procedural aspects of securing tort con-
Effect of payment by one not liable fortribution
in- in injured plaintiff's action
jury with covenants not to sue 49:I60 47:209-244
English Joint Tortfeasors Act Recovery in admiralty for judgment in
49:3I2-319 common law action 24:325
Right of one compromising claims
Joint enterprise - responsibility of land-
lord for conduct of voluntary helper dur- 46:10o3
Rule denying contribution betwe
ing gratuitous inspection of tenant's shop
42:708 tortfeasors as basis of defense of con-
Joint liability of successive tortfeasors tributory
for negligence 2I:242-243
injuries from non-negligent blasting JUDGES
48:860 See also Appeal and Error, Contempt,
Liability for independent acts causing a
Federal Courts, History of Law, Im-
single injury 38:690 peachment, Judgments, Judicial Notice,
Liability for trespass of animals
Libel and on realty
Slander, Mandamus, Trial.
20:324
Liability in equity for independentInacts general
The County judge and the administration
causing joint damage without legal injury
20:46-55 of justice in the American city
Problems of concurrent innocent and guilty 26:325-327
causes distinguished 47:1130-1133 De facto judge: collateral attack 20:496
Release of one as bar to action against an- Designation by federal senior circuit judge
other 34:442 of himself to sit as district judge
Release of one joint tortfeasor 46:503-507; 47:277-281 in
fraud of the other 50:836 Dissenting opinions: advisability of
Release of one not liable for the tort 19:309
26:658 Failure of judges of appellate court to read
Release of one reserving rights against evidence in record as denial of due process
others I6:529; 26:185 43:492
Two ships sinking a third Federal administration
ship, not joint of justice and the
tortfeasors 37:6I9 council of senior circuit judges under the
Who may be joined: persons Act of Congress of 1922 40:431-468
under com-
mon duty to repair I5:I59 Impeachment of the federal judiciary: his-
tory, scope and decisions 26:684-706
Contribution Improving quality of bench 5o:604-606
In general 12:176-184; I7:345; Judicial processes in deciding cases
2 :242-243; 45:349-355 45:zI25-Iz26
Allowed under Workmen's Compensation Judicial tenure in the United States
Acts 34:562 32:866

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JUDGES - JUDGMENTS 467
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;
CASES. The figure in front of the colon refers in each instance to the volume.

Setting
Liability for negligent performance of aside
min-and vacating
isterial act 47:IO62 Equitable relief
Collateral
Life tenure of the judicial office:attack: in general
speech of
Rufus Choate 13:1-28 Collateral attack: on jurisdiction
Method of appointment 46:734-736 Liens
Petition for recall of judge as contempt Assignment
3I:893 Satisfaction
Power of legislature to reduce terms of Judicial sales
judges in office 50:833 Bar to other actions
Foreign judgments
Propriety of additional judges sitting when
only one is necessary 48:132 See also Appeal and Error, Attachment,
Psychology of the judge 35:479 Bankruptcy, Conflict of Laws, Constitu-
Qualifications of a good judge, according totional Law, Declaratory Judgments, Evi-
Rufus Choate 13:5-7 dence, Foreign Judgments, Receivers, Res
Reduction of salaries of judges of courts of
Judicata.
District of Columbia and Court of Claims
47:133 Nature
Taxation of salary of federal judge under
In general 45:798
the Sixteenth Amendment 34:70, 85; Admissibility in evidence
36:479; 43:318
Disqualifications son not a party to the
Attacking invalid foreign
Affidavit of prejudice in federal court
riages by declaratory
47:280-281
43:477-482
Appearance of judge as attorney I7:36I Consent decrees in enforc
Bias and interest 41:78-82 anti-trust laws 46:885-932
- American rule 41: 79-8I Declaratory judgments: and Article
- contempt cases 4I:81
the United States Constitution 41
-English rule 41:78-79 - in public law
Eligibility during term for nomination to43: 290-1293
--legislation in the United States
office beginning after his term 26:269
False imprisonment, civil liability for, by
34:697-712
Declaratory judgments: limitations when
judge acting without jurisdiction 19:216
foreign trial:
Illness of judge during criminal law is involved 4I:257
Declaratory
whether substitute conducting relief in the Supreme Court
remainder
45:I089-1096
of trial is denial of trial by jury 29:83,
Decree of foreclosure I8:315
99
Determination of tax-commissioners f
Increasing burden of federal judges
29:55-59 being a judgment 8:427
Finality of decree for purposes of
Interest in a corporation 13:605
Interested judges sitting but taking no part
Court review 48:302-309
Impeachment of Torrens titles
20:152
Kinship with a party in interest: at- 42:945-948
Judicial relief for peril and insecuri
torney on a contingent fee as a party in
interest 34:2 6 45:793-854
Judgments to enforce common
Liability of disqualified judge for property
seized under his judgment 9:288 statutory arbitration awards 46:
Participation of disqualified judge May court render declaratory judg
33:253
3I:1167
Pecuniary interest: subordination of the Nature and enforcement of consent decree
rule to necessity 29:I03 4I:538
Nature of 45:798
Prejudice against defendant 29:430, 459
Presence of judge during criminal trial Operation as against
Property and obligat
I2:433
multiply incorporated
Removal of a judge by disbarment 4I:99
Reversals in Illinois criminal cases 42:542-547
Restitution of moneys received under judg-
42:566-570
Right of successor to continue trial from ment later reversed 48:505
point at which retiring judge left off
Uniform Act on declaratory judgments
41:538
34:701-712
Validity of criminal proceedings before an
Validity of conditional judgment orde
future payments of installments 47:1
interested judge 41:915
JUDGMENTS Essentials
Nature Default for failure to answer 18:469
Essentials Extinguishment of contingent future inter-

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468 JUDGMENTS
References in heavy-faced type are to LEADING ARTI
CASES. The figure in front of the colon refers in each in

ments on compensation
ests by decree and without contract of sale repudi
44:378403 buyer 24:405
Idem sonans; doctrine Falseapplied
return of service
toin mechanics'
record lien of
judgment 6:525 proceedings 23:485
Injunction against Imputation nonresident, basis of
of attorney's ne
jurisdiction over property 14:535 who seeks to enjoin enforc
Joint judgment void without service on all ment 38:984
defendants 9:360 Injunction to res
Judgment against partnership roneous decree I5:4o1
as corpora-
tion: whether binding 16:454 Perjury a ground for injunc
Jurisdiction conferred by appearance after 613; 34:677
judgment given 33:960, 984 Right of defrauded judgment d
Service on nonresident individual doingbona fide payee of judgment
business in state by service on agent 20:236
33:238-240Collateral attack: in general
Collateral
Service on party temporarily within juris- attack for fraud on
diction 9:430 habeas corpus 9:548
Waiver of personal Collateral attack
service by oncont
appoi
15:746 ceiver by federal senior cir
-jurisdiction based on contract 22:606 designated as district ju
-waiver of personal service on executor Collateral attack on decree o
by contract of testator 22:61 in Massachusetts I3:190-197
Collateral attack on judgment of disqu
fied judge 9:288
Setting aside and vacating Contradiction of judgm
Acceptance of pardon, bar to attack on
ceedings 6:332-335
judgment of conviction 13:148 Distinction between direct and collateral
Application to court for relief, no bar toattack 23:67
objection of lack of jurisdiction 20:I50
Execution of insu
Attorney's negligence as ground for vacat-
lateral attack on conviction I4:624;
ing judgment Io:250; 34:559; 38:984 16:453
Divorce: vacation of judgment of: after
Merger of foreign judgments 26:375
death of a party I9:384 Punishment for contempt 24:241
-at suit of a stranger after Suit death of one
to quiet title to land declared to be in
of parties 36:1033 defendant by divorce decree 23:67
-at suit of third parties 14:625
Effect of order vacating order to Collateral
vacate attack: on jurisdiction
judgment 33:960, 984 In general 10:385; I3:190-197
Failure of attorney to make Attackdefense
on jurisdiction
as of domestic court
ground for setting aside I7:136; 38:984 i6:453
False return of service in mechanics' lien Domestic probate decree attacked for wa
proceedings as ground for opening judg- of jurisdiction 19:384
ment 23:485 Fact of death questioned; atta
Fraud in procuring ment granting land administrat
title
ground for setting Fraud in obtaining aside jurisdictionen
Incompetency party of judge: 20:239 objec
by delay 7:436 Jurisdictional facts 40:766-771
Judgment against Mistake concerning death of
corporation setlegatee
as
process served on director I3:6o6 ground for attack on probate decree
Judgment by default entered on false re- 30:I90
turn of service I8:395 On adjudications of jurisdictional facts
Naturalization: whether state court may 30:640; 37:778
vacate decree of on account of fraud Presumption of jurisdiction where service
I9:297 is by publication 24:566
Petition to vacate judgment of divorce: Liens
libellant out of jurisdiction II:4I6 Effect of alienation after judgment
Vacation of judgment for perjury 36:1033 47:io25
-judgment on arbitration award 49:327Enforcement of lien on land bought with
What fraud will vacate judgment 9:486 notice by railroad I7:424
Writ of error coram nobis 37:744, 774 Loss of priority by merger in lat
ment I6:306
Equitable relief Priorities on af
ment-debtor 9:432
Default due to illness of counsel without
fault of defendant 23:484 Senior lienholder's right
is enforced
Enforcement of judgment for advance pay- first 10:63

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JUDGMENTS 469
References in heavy-faced type are to LEADING ARTICLE
CASES. The figure in front of the colon refers in each instan

Should execution of one of


Judgment two
as bar "equal
to action for damage pre-
judgment liens " give itviously sustained over
a preference 38:691
the other 29:755, 785 Judgment as evidence in a later pr
Whether lien will revive on sale of exempt 33:850, 865
homestead 29:225 Judgment as justification for acts d
fore its reversal 25:666
Assignment Judgment for damages to pers
See also Res Judicata. to recovery for damages to pr
Assignee's right to a new judgment, ren- 15:752; 27:490
dered on a second trial, after reversal ofJudgment for one year's rent after two
the judgment assigned 38:690 years' tenancy from year to year as bar
to suit for second year's rent 23:149
Assignee's right to sue for breach of officer's
duty occurring before assignment Judgment for price of goods: bar to re-
19:218 plevin 8:235
Assignment through fraud: innocent pur- Judgment in fav
chaser from assignee i6:66, 374 der state statute
Effect of assignment upon right to set offsonal representat
mutual judgments 27:686 37:778
Judgment in tr
Satisfaction action of replevin 3:326-328
Judgment in trover as bar to other acti
Assignment to maker of note of judgment
without satisfaction 3:326-328; 8:17
against endorser 26:458
11:64; I6:131
Effect of execution sale of exempt property
Judgment in trover passes title as to all the
22:383
world 3:326-328; I6:131
Effect of new promise and part payment on
Judgment obtained after assignm
barred judgment 20:421
against assignee 13:528
Enforcement of judgments in the German
law 22:179-181 Judgment of interpleader by ga
bar to action by judgment creditor
Foreign satisfaction - rate of exch
against garnishee 30:86
4I:252
Judgment on check of one joi
Judgment against garnishee as satisfaction
without satisfaction 8:I77, 286
of judgment against debtor I3:4I3 Judgment on installments on contract a
Judgment for fine abated by death 20:649 ready defaulted, whether a bar to re
covery for remainder I8:6I9; I9:619
Judicial sales Judgments for defendant for conspiracy to
Corporation's implied consent to service violate bankruptcy act, ground for quash-
20:572 ing an indictment for conspiracy in a
Creditor buying at execution sale: whether broader sense 30:400
purchaser for value 7:I25; I0:64; Merger of claim against insolv
17:63, 498 tion in judgment obtained afte
Inadequacy of consideration as ground for tution of insolvency procee
vacating sale I7:424 21:214
Title of purchaser relates Merger
back oftojudgment
time inofjudgment of probate
sale 15:586 court based thereon 43:964
Validity of prospective judgment pend
Bar to other actions lite against third party 20:488, 500
Acquittal in criminal prosecution as bar to Whether admissible in suit between defend-
forfeiture of smuggled goods 23:572 ant in prior suit and stranger 36:IO7
Binding future interests by partition
42:36 Foreign judgments
Conclusiveness as to persons not parties to See also Conflict of Laws.
the suit 24:I56 Administrative determinations of nonresi-
Cumulative remedies for death liability
dent shareholder's by wrong-
50:1143
ful act I5:854 Collateral attack of foreign divorce decree
Discharge of writ offor habeas fraud corpus
32:177 as bar
to a second application 37:7 74 Competency of court a
Judgment against agent as bar to action cedure 50: 144-I 45
against undisclosed principal 14:68 Conclusiveness of determin
Judgment against one joint-wrongdoer and dictional facts 50: I46-1147
nonsuit as to the other 14:229 Conclusiveness of foreign judgments: r
Judgment against one joint-wrongdoer: procity 38:683
without satisfaction 11:556 Conclusiveness of f
- with partial satisfaction 12:67 England and in the
- with tender of amount thereof I2:66 22:51, 58

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470 JUDGMENTS -JUDICIAL NOTICE
References in heavy-faced type are to LEADING ARTICLES; in italics to NO
CASES. The figure in front of the colon refers in each instance to the volume.

founded
Constitutional protection of divorce upon judgment rendered with-
decrees
I9:5886-97; 26:449out jurisdiction 47:525
Criminal of one state in transit throughof full faith and cre
Requirement
another state I2:567 judgment of sister state 49:490;
Decree of adoption obtained by fraud 50:1149-1150
i8:315 Reversal of judgment as defense to judg-
Dormant judgments: enforcementment based on theof, in judgment
reversed
sister state 19:137 25:384; 26:437, 450
Enforcement of foreign judgments
Statutory relief in extraterritorial tax col-
33:960, 984 lection 48:828-835
Equitable decree as a cause of action
Validity in
of foreign judgm
another state 21:210; 23:228; 25:653, cata 41: 055-1059
66i; 30:522; 33:423-425; 37:I57 -fraud on court 41:1r55-1056
Equitable enforcement of alimony decrees - in personam proceedings 4I: 055-105
50:1149 -in rem proceedings 41: 058-ro59
Extrastate collection of taxes 33:840, 870;
- lack of jurisdiction 41: 056-1057
47:1234-1235
Extrastate enforcement of penal claims JUDICIAL COUNCILS
46:204-206 See Constitutional Law, Judicial Reform,
Procedure.
Final decree for child's support as preclud-
ing suit for future support in state of
child's new domicil 47:712 JUDICIAL DECISION
Finality and certainty of judgment See Jurisprudence.
50:1148-1149 JUDICIAL NOTICE
Foreign corporations: right of, to sue on See also Criminal Law, Evidence, Presump-
foreign judgment I7:417; I9:I37 tions, Trial.
Foreign decree for conveyance of land as
cause of action at situs 40:500 Facts
Foreign judgments against partnerships en- of doctrine: general discussion
Nature
forcible only against firm property 3:285-312; 7:37I; 8:360
37:793-833 Classification of things noticed 3:302-08
Full faith and credit for judgments con-
Court informing itself of things not known
fessed by attorney 44:1275-1281 at the moment 3:309; 7:371
Full faith and credit under United Effect of notice: whether facts noticed m
States Constitution 4:93; i8:544; be disputed 3:309-310; 7:371
32:877-878 Evidential facts: when noticed 3:308-3
Fraud in obtaining judgments 13:679; Facts underlying the constitutionality
50:1147-1148 statutes 49:632-633
Garnishment of foreign judgment debt Illustrations and example
40:1153 3:288-30; 35:3
Impeachability on merits in the United Misconceptions concerning
States 9:430 3:310-311
Judgment confessed after
Place of doctrine in the law 3:287, 302 deb
Statute of Limitations 49:993 Relation of doctrine to law of evidence
Judgment not responsive to pleadings 3:287, 302
50:1143-1144 Reports to railroad commission 27:683
Judgment rendered on appearance of un- Things noticed: geographical situation of
authorized attorney 50:1144 cities 8:6o, 360, 428
Jurisdiction conferred by appearance after
-physiological phenomena 45: 90
judgment 33:960, 984 -status of foreign sovereign 7:37I
Jurisdictional facts 40:766-771 -that violence is bound to accompany
-conclusiveness of determination general strike and communistic revolution
50:1146-1147 36:202
-international jurisdiction 40:767-769 Ultimate facts: when noticed 3:308-309
-intrastate jurisdiction 40:769-771 Use of Tariff Commission report in inter-
Merger of foreign judgment 26:375 preting presidential proclamation
Ownership of corporate stock as consent to 50:837
substituted service 48:68o Whether court should consider evidence to
Place of trial in civil actions determine reasonableness of police regu-
43:1217-1248 lation 17:269
Presumption of jurisdiction 50:1145-1146
Recognition of foreign judgment againstLaw
co-
Attitude of Illinois Supreme Court 35:310
respondent based on constructive service
27:179 Foreign law 20:74
Refusal to recognize foreign judgment - foreign statutes II: 28

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JUDICIAL NOTICE -JURISPRUDENCE 471
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in p
CASES. The figure in front of the colon refers in each instance to the volume.

-interpretation of statute requiring Science of jurisprudence 22:241-249


judi-
cial notice of foreign law 42:130 Science of legal method 3I:807
-legislation extending judicial notice to Some implications of experimental jurispru
foreign law 46:1019-1022 dence 48:169-197
No judicial notice of territorial jurisdiction Terminology of legal s
of justices of peace 29:786 for the science of nomo-thetics 28:1-9
Uniform state laws: Negotiable Instruments Theory of judicial decision 36:641-662,
Law 33:255-256 802-825, 940-959
Use of maxims in jurisprudence 9:13-26
JUDICIAL REFORM
Schools of jurisprudence
Council of federal senior circuit judges es-
tablished by Congress in I922 In general 31:373-412; 35:774-781
40:431-468 Analytical jurisprudence: its characteristics,
Efforts at legislative reform of rules of evi- value and defects 24:594-598; 37:525
dence 50:924-936 --thought analyzed and criticized
Evils of judge-made law 35:113-117 36:809-820
Federal Judiciary Act of I925 40:834-873Analytical method 37:399
Judicial council movement 50:608-609 Analytical schools 3I:396-400
Judicial councils in theory and practice Austinian theory of judicial decision
42:817-820 36:810
Need of a ministry of justice 35:113-126 Call for a realist jurisprudence
Reform in bankruptcy administration 44:697-711
43:1189-1216 Comparative-Apologetic schools
JURISPRUDENCE 31:400404
In general Comparative law: in general 50:579
Schools of jurisprudence -history of 45:1027-1070
Nature of law --its function; without a critique o
Scope and subject matter of the law ological jurisprudence 35:838-858
System of law Comparison of analytical and historical
Sources of law methods 22:241-249; 36:633
End of law Constructive schools 31:380-383
Law and the state Development of French syndicalism
See also Civil Law, Codes, Common Law, 31:r88
Conflict of Laws, Constitutional Law,Development of idea of " a pure science of
Damages, History of Law, International law" 5o:580-581
Law, Law, Maxims, Roman Law, Sover-Economic interpretati
eign, Stare Decisis. its defects 25:162-168
Exegetical schools 31:404-405
In general Experimental jurisprudence 48:169-1
Business jurisprudence 28:135-162 -applicability to jurisprudence of po
Business postulates and the law lates of experimental science 48:172-
4I:1014-1030 --elements of experimental science
Common law in the United States 48:170-172
50:4-26 - is modern law scientific? 48:179-191
Cycles of jurisprudence 31:379-406 German doctrines of public law and the
Definition and elements of jurisprudence metaphysical conception of the state
6:21-35 3 :119-144
Development during nineteenth century Historical jurisprudence: its characteristics,
i8:271-283; 30:201-225 value and defects 24:598-604;
Fifty years of jurisprudence 5o:557-582 36:820-823; 37:280
Growing importance of case study in civil - scope and method as developed by Vino-
law 48:35i-356 gradoff 35:776-783
Holmes' contributions to jurisprudence
Historical schools 31:383-387
34:449-453
Influence of German legal philosop
Importance of popular jurisprudence
America 27:718-733
3I:406-408
Influence of natural law on
Indirect teaching of jurisprudence
trines 36:634
3I:408-411
Influence of philosop
Jurisprudence and public law 36:894
27:726-72
Juristic theory and Influence
constitutional law
of philosop
33:86 English law 27:734-735
Legal method as a study 34:450-452 Influence on Duguit 36:895
Materials of judicial decision 36:641-662 Legal philosophy: its importance 37:283
Problems of the new jurisprudence Metaphysical individualistic doctrines in
47:890-89r France 3 :10-26, 104-118

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472 JURISPRUDENCE
References in heavy-faced type are to LEADING ARTICL
CASES. The figure in front of the colon refers in each insta

Methods of jurisprudence 47:893-897 -French, since the civil code


Montesquieu's dogma of separation of pow- 4I: 185-196
ers 36:814 - Kelsen 41:175
- Levy-Ullman
Philosophical 41:184-199
jurispruden
istics and value 24:604-611 - Somlo 4I:176-184
-English tendencies 25:397 Austin's definition of law 44:788-791
Philosophical schools 3I:387-396 Austin's view of status 38:1074-1075
Philosophy and the development of lawCalifornia miners' codes 50:897-900
36:r15 Chancellor's Foot- moral valuations im-
Political and juridical doctrines of Kant plicit in the arbitral and legal elements
and Hegel defined and contrasted of judicial decision 49:44-67
31:40-103 Changes in jurisprudence conditioned
Present status of the philosophy of law andchanges in law 31:375-377
of rights 40:658-660 Comparison between law and natur
Progress of the law-analytical ence jurispru-
29:623-630
dence, 1914-1927 4I:174-199 Comparison of ideals of law 47:1-17
Complexity of law 3I:1060-1063;
Province of the science of law and philoso-
phy of law 27:718-735 36:643-645
Psychology and law-possibilities ofofa law 47:1-2, 891-893;
Definitions
naturalistic jurisprudence 49:666-670 50:566-571
Quarrels of the schools 31:373-375 Divisions of power between administrators
Realistic conceptions of the state in Ger- and judges-the Rule of Law
many and France 31:145-185 49:429-432
Rousseau and his political doctrines Elements which go to make up law 36:645
31:27-39 Law and ethics 47:145-148
Saleilles and the revival of natural law in - Kant's view 38:1125
France 25:159-162 Law as working rules gen
Sir Henry Maine: validity experience 50:449-451
of his status-to-
contract generalization 30:209-221 Legal fictions and the imperativ
Sociological jurisprudence: critique of law 47:369
35:838-858 Legal precepts
-biological stage 25:495-503 examples 36:645-646
-ideal pictures of the social order as and
Logic in- convenience 35:221
fluencing the trend of law 36:652-657 Logic in the law 3I:808-812
- Jhering and the Social Utilitarians Meanings of term "law" 47:1-2
25:140-147 Modern theories 47:721-727
-Kohler and the Neo-Hegelians Nineteenth century theories of judicia
25:154-158 ing of law 36:802-825
-mechanical stage 25:491-495 Origins of law - danger in stud
-origin and stages 25:489-491 tive law 50:146
-present status 25:512-516 Positivism in international law
-psychological stage 25:503-509 47:778-779
-scope and purpose 24:611-619 Rational basis of legal institutions 37:404
- shortcomings of Montesquieu as a socio- Received ideals as part of law 47:3-4
logical jurist 29:596-600 Relation to philosophy and social sciences
-Stammler and the Neo-Kantians 49:1077-1081
25:147-154 Requisites of a social theory of law
-tendencies of Montesquieu toward 47:383-386
29:582-596
- unification stage 25:509-512 Scope and subject matter of the law
Some realism about realism - responding Cause of action, nature of 45:802-806
to Dean Pound 44:1222-1264 Conflict and balance of interests
Status of the schools in the late nineteenth 36:956,957
century 50:557-564 Equitable protection of social and political
Twentieth-century characteristics relations 29:677-682
34:449-450 Honor and reputation in th
Nature of law 28:445-453
In general 5:172-178; io:492; 3I:3I6; Individual freedom from regulation as the
36:13I ideal of the common law 47:931-947
Abuse of fundamental principles of law Individual interests 28:346-350
29:630-633 Individualization in the law 36:944-945
Analysis of " a right "- Hohfeld's scheme The institution of property--an analysis
5:6571-578 49:I211-1215
Analytical jurisprudence, 1914-I927 - defi- Interests: individual, public, and social in-
nitions of law: Duguit 4I:195 terests 28:343-346

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JURISPRUDENCE 473
References in heavy-faced type are to LEADING ARTICL
CASES. The figure in front of the colon refers in each instan

-interest of the public in business,


Comparison labor
of legal and equitable methods
and capital 29:241-276 of giving relief i:116-118
- the relation of the law to freedom of be- Divisions of law 8:187-199
lief and expression of opinion Divisions of private law 8:200-201
28:453-456 Duguit's use of the term "right" 36:895
Interests of personality 28:343-365, Expression of law in non-relational terms
445-456 36: r39, o040
- equitable protection 29:640-646, Failure of a relational statement to simplify
668-677 the law 36:o039, 1041
- inviolability of the physical person Family law and law of torts 30:5-12
28:355-365 General effect of strained construction of
Judicial function 45:797-802 law to prevent injustice in individual
Judicial relief for peril and insecurity cases 2:432-434
45:793-854 Germanic private law 32:744
Law and economics 47'372-375 Historic function of the American Law
Psychic phenomena and the law Institute: Restatement as transitional to
34:625-638 codification 47:1367-1394
Historical, philosophical, or analytic
Types of legal interests protected by declar-
atory judgment 45:806-854 cuses offered for a classification r
based on convenience 37:943
Wrongs as necessary for a cause of action
45:794-797 History of classification 37:951
System of law Hohfeld's system 36:ro38, 0r42
Law merchant in the days of the Year
Achievements of analytical classification
50:564-566 Books 28:136-140
Analyses depend on law, not law upon of contract and
Law
analyses 37:950 30:3-5
Arrangement of the Materials to be classified 37:941
law-privity
44:738-758Merging of law and equity in our system
Basis of contract 46:553-592 7:76-91
National
Characteristics of the English civilunification
law of law 7:92-101
30:1-19, 109-123
Nature of a presumption in one's favor
Civil law and common law compared 36:ro40
Planiol's classification 37:965
36:180-192
Classification and nature of Possibility
legal dutiesof a unified national law in
I3:542-548 United States 35:96, 355
Classification and nature of natural
Property rights
rights the all-absorbing legal
4:15-17 ception of the nineteenth century
Classification by dichotomy better adapted 33:330
to logic than to legal systems 37:934
Protection from acts done under a decision
subsequently
Classification for purposes of codification oroverruled 37:422-428
pedagogy 37:939 Protection of interests acquired under over-
Classification in the civil ruled
law:decision
influenced 15:667 by
Relation
a background of academic of equity toof
exposition other bra
English
theory rather than judicial law i:114-116
experience
37:959, 967 Relational elements in the
Classification in recent codes 37:966 Rights arising from mere und
Classification of common law remedies duties 5:223-226
I:119-120
R6le of substantive l
Classification of equitable rights and in the legal process 45:617-647
wrongs i:58-72 Types exhibited in mature law 3I:1061
Classification of Whether acts done
judicial in reliance on decisions
remedies in g
i:111-114 subsequently overruled are lawful
Classification of law by genetic relationship 29:80, 103
not useful 37:937 Windschied's classification 37:963
Classification of legal rights and remedies
for their breach io:492-500 Sources of law
Classification of legal rights andInwrongs
general 6:28-33; 31:813-820;
: 55-58; I3:537-556, 659-678 1057-1061
- too arbitrary 29:635-636 Administrative element in judicial decision
Codes and classification 44:792-794 36:957, 958
Codes and the arrangement of law Analytical dogma: "pure fact" of law
44:725-737 36:813
Codification of international law Appearance of courts 36:133
50:400-403 Conflicting demands and social interest
Common law and equity 30:16-17 35:776-783

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474 JURISPRUDENCE
References in heavy-faced type are to LEADING ARTICL
CASES. The figure in front of the colon refers in each insta

Criteria of the validityMaterials of judicial decision


of political acts 36:641-662,
36:495 812
Customs and their relation to law Maxims, their use and abuse 9:13-26
I9:308 Military law - a study in comparative law
Decadence of the natural law theory 32:349-373
36:807-808 Mode of growth of law 36:642
Morals and law io:457-464; 36:658-660
Decision as settling a controversy and for-
mulating a rule 36:940-943 38: i23; 45:112-135
Decisions without opinions 34:314 Morals and quasi-contractual recovery
Deduction from principles part of the life 45:1333-1364
of law 29:623-629 Natural law 32:40-44; 36:803-807
Do judges or society -and
make American
lawjudicial decision
37:412413
Elements in the judicial process 36:945 45:136-148
Ethical basis of law io:479-492 - as a limitation on legislative authority
Ethics in English case law 45:112-135 29:521
Evolution in law 12:445-454; 36:140 Nature and kinds of interpretation
Factors in shaping of law 36:1r6 36:945-947, 949-950
Fictions and their usefulness in law Nineteenth-century theories of judicial
7:249-265 finding of law 36:802-825
"Higher law" background of American Note on statutory interpretation
constitutional law 42:149-185,365-409 43:886-893
How law changes: maxims as a method Philosophical, political, and ethical
34:814-816, 819, 823-824, 829-833 concerning the end of law as an ele
- the cycle theory 31:377-379 in the development of law 36:651
Ideal element in American judicial Precedentdecision as basis of system or jur
45:136-148 dence: decadence of system
Independent sovereign as a source of law 24:298-305
36:494 Present state and possible ideal of the
Influence of jurists in law 36:136 our law io:468-478
Processes
Influence of philosophy on judicial decisions of working
36:949, 950 31:1057-1
Influence of the study of comparative law Progress in fifty years 50:578-579
upon the development of the legal system Proper criticism of cases 6:195-200
34:227 Psychological basis of law 31:663
Interpretation of statutes 33:711; Public policy in the English common law
43:863-885 42:76-102
Interpretations 46:864-869 Reaching legal propositions from cases
Intuition in judicial decisions 36:951, 952 7:406-414
Revision of legal conceptions to meet needs
Is law the expression of class selfishness
of business conditions 37:201-213
25:349-371; 3I:1047-1063
Judicial decisions: application of-in courts
the law of last resort 37:409-430
36:950-951Stare decisis in common law
-as basis of law 36:134 3:125-131; 24:6-30
- finding the law 36:945, 948-949 Statute law and judicial law 30:12-19;
- interpreting the law found 36:949-952 36:136
-laying down a rule 36:952-954 Statute law as a basis of law 36:139
Statutes as sources of law - attitude of
Judicial legislation 3:150-151,156-157;
5:172-201; 8:328-351 courts 50:12-19
Strength
Judicial method in the law of torts 35:68 and weak
Judicial method of reasoning 5:179-190 50:6-12
Judicial precedents as source of law Systematic development of law
9:27-41; 36:133; 37:423 3 :1047-1063
Judicial use of economic knowledge Traditional technique of applying legal pre-
36:949 cepts as an element of law 36:645-651
Latter part of the nineteenth century: the- Views adverse to logical analysis and sys-
ories of judicial decision become analyti- tematic development of law
cal or historical 36:808-810 31:1047-1049
Legislation and judicial decision Whether an overruling decision changes the
36:955-958 law or merely corrects a prior decision
Limitations on power of sovereign 36:495 37:422-424
Logic and custom as the developing End of law forces
of law 37:412-413 Eighteenth century juristic thought
Logic as developing force of law 27:622-628
io:464-468 Enforcement of laws as they exist as only
Logic in legal thinking 31:808-812 method of securing justice 22:427-434

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JURISPRUDENCE - JURY 475
References in heavy-faced type are to LEADING AanICLEs; in italics t
CASES. The figure in front of the colon refers in each instance to the volu

Greek juristic thought 27:605-607 In general


Idea of an end of law as guide of judicial Privilege against disclosure of communica-
thought 36:953-957 tions in jury room 46:1148-rr49
Ideal element in American - effect of fraud ondecision
judicial voir dire 47:283
45:136-148
Ideas of end of law as element in its de- Right to trial by jury
velopment 36:651-662 Contempt procedure for jury trial
Juristic thought: of the Reformation 37:1010-1058
27:611-613 Development of the jury system
- of the Spanish Jurist-Theologians 5:249-273, 295-319, 357-388
27:613-616 --in criminal trials 48:445-446, 454-460
Justice according to law 9:295-308 Efficiency of the jury system: advisability
Law and morals 36:658-660 of its extension to the Philippines
Law as a practical matter 31:1058-1060; 19:224
37: 281 Federal condemnation proceedings and the
Legal rules and doctrines of archaic law Seventh Amendment 41:29-50
27:198-204 History of provisions of Judiciary Act of
Legal rules and doctrines of equity: natural 1789 regarding 37:37-74, 98
law 27:213-220 Increase of damages in lieu of new tria
Legal rules and doctrines of strict law
48:333
27:204-213 Judgment on evidence notwithstanding t
Medieval juristic thought 29:609-611 verdict 5o:1048-1051
Nineteenth century juristic thought Juries in British civil law jur
30:201-225 5o:1260
Revision of legal conceptions to meet needs Legislative provisions for jury trial in lower
of business conditions 37:201-213 federal courts 37:1095, 1098-1100
Roman juristic thought 27:607-609 Necessity for jury trial to determine viola-
Rule and discretion in the administration tion of condition of suspended sentence
of justice 33:972 40:133
Number of jurors
Seventeenth century juristic thought 5:202; 10:440; 12:205
27:616-622
Of fact making increased punishment man-
Socialization of law 27:225-234; 36:144 datory 48:334
Social justice and legal justice 27:195-198 Partial new trials:
- in state courts 34:73
Law and the state Plaintiff's right when defendant
In general 3I:1-185, 819-821; 36:137 legal counterclaim to equitable
Authority in the modern state 32:979 40:912
Contract and sovereignty 46:585-592 Practice of remittitur and additur
Critique of Gierke 49:678-680 5o:1051-1053
Doctrine of the equality of states 37:405
Proceedings in admiralty under Rev. Stat.
Institutional economics and the state ? 566 50:350
49:360-365 Reckless driving as
Interpretation of the principles of pub- stitutional guaranty 44:465
lic law 31:813-821 Statutes authorizing assessment of punis
Sovereignty and the law: ment Austin's
by jury 27:169,theories
I88
33:333 Statutory jurisdiction of modern cou
-irresponsibility of the state 32:447-472
equity to award prospective damag
The state as a public service company 38:667,689
36:895 Suspension of trial by jury in England
Theory and practice of the separation ofing war time 33:245
powers 35:787-796 Trial of equitable issues in act
Theory of social contract 46:570-571 under ? 274(b) of Federal Ju
36:478
JURY Trial of petty offenses without
In general land and colonial America
Right to trial by jury Waiver of trial by jury: consen
Misconduct of jury five jurors 26:271
Error of jury - in criminal trials in the fe
Competency of jurors 44:124
Challenges and objections Whether the Constitution requires trial by
See also Constitutional Law (Trial by jury of petty offenses 39:917-982
jury), Contempt, Criminal Law (Trial),
Damages, Equity, Grand Jury, HistoryMisconduct of jury
of Law (Jury), New Trial, Trial (Ver- Discussion of failure of accused to testify
dicts). 45:746

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476 JURY--LABOR LAW
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume

In general
Evidence admissible to show jury's miscon-
duct 37:5o1 Adult male minimum wage in 1921 in
In "chance" verdict 29:885 South Australia 35:225
Misconduct by jurors as ground for new
Application to arbitration board
trial 19:467 labor disputes 36:234
Possibility of misconduct by jury
Attitude of courts towards dis
labor and capital instructio
for holding erroneous 29:265-272
orable 46:1346 Attitude of law toward later combinations
Proceedings in jury room: incompetenc
33:329
evidence 16:305 Causes of industrial unrest 35:231-232
Proof: affidavits of the jurors 38:267 Collective bargaining - decisions of Na-
tional Labor Relations Board
Error of jury 48:630-659
Unnecessary statement in verdict as evi- - effect of NIRA 48:970-974
dence of jury's adoption of erroneous - elections 48:640-643
measure of damages 37:5I1 - employer's duty to bargai
- interference by employer
Competency of jurors, challenges and objec-
tions - majority rule 48:632-640
Collective labor agreements in Am
Challenges: for cause; service on former
law 44:572-608
trial 18:229
Collective labor agree
Citizens of towns: competency
44:575-5
in trial of town treasurer 4:237
- in Austria and Germany 44:577
Disqualification of juror unable to under-
- in Denmark 44:579
stand English 15:676
-in France 44:578
Government employees as jurors when gov-
-in Great Britain 44:575
ernment is a party 50:692
-in Sweden 44:580
Incompetency of jurors: effect on verdict
Comparison of English a
II:545
50:1114-1117
Peremptory challenge: number allowed
when several indictments are consolidated Comparison of trade union cases with cases
between rival dealers 15:223
18:230
Compulsory judicial arbitration o
Questions as basis for peremptory challenge
disputes 36:235; 38:753-792, 1097
37:500
Covenants by employees not to compete
Venire: motion to quash because of dis-
46:1190-1192
crimination against negroes 27:184
Definition of unemployment in unemploy-
JUSTIFICATION ment insurance 44:285-290
See Assault and Battery, Criminal Law,Democratic government of industry
Homicide, Self-Defense, Torts. 36:233
Development of case law in Industrial
JUVENILE COURTS Board of Arbitration 36:234
Constitutionality 19:374 Development of labor law 36:635-63
Doctrine of unclean
Communication by child delinquent to hands in labor con-
troversies 43:1120o-122
juvenile court judge as privilege
33:88, I20 Equity and American labor 5
Delinquents and criminals: their making Excesses of contractualism- un
and unmaking 40:798-800 the "labor contract" 46:569-570
Developments 50:600, 611 Failure of police to suppress violence
strikers as excusing breach of employme
LABOR LAW agreement 47:702
In general Futility of relying on
Statutes and interpretation economic forces " 35:235
Unions Half century of legal influence up
Strikes lective bargaining 50:1071-1117
Boycotts Illegality of combination without mo-
Picketing nopoly 20:34-351
Conspiracy Industrial and trade unio
Inducing discharge of workmen otherwise sions 46: 103-Io14
than by strikes or boycotts Industrial espionage 50:1096-1098
Inducing workmen to leave otherwise Injunction against officers for inducing
than by strikes breach of employee's contract not to join
Australian Courts of Arbitration the union 3I:648, 657
See also Conspiracy, Constitutional Law, Judicial impediments to effe
National Industrial Recovery Act, Re- ganization 50:1078-1086
straint of Trade, Trade Unions. Labor and business recovery 47:468

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LABOR LAW 477
References in heavy-faced type are to LEADING
CASES. The figure in front of the colon refers in

Labor and the NIRA 47:117-125 Collective bargaining under the NIRA
Labor copartnership in industry 47:117-125
35:910-925 - company unions 47:119, I2I
-by means of business trust 35:921-924
- employee's duty to treat with labo
-by means of limited partnership resentatives 47:1 8-r19
35:920-921 - interference by employers 4
- demand of workers for voice in manage-
- legal effect of collective labor ag
ment 35:912-913 47:123-I 24
- in France 35:914-915 -" merit clauses" 47:123
- inadequacy of profit sharing -validity
schemesof " closed shop " 47:
35:911-912 -validity of "open shop" 47:119
--plan of Dennison Mfg. Co. -" yellow dog " contracts 47: 121
35:915-919 "Combination law ": nature and scope
Labor unrest and collective bargaining-- I7:511-515
Combination laws in England in the nine-
findings of official investigations
teenth
50:0721072-1078 century 17:511-532
Limitations of the value of collective bar-
Constitutionality: service letter laws
gaining 35:236 36:195, 216
Method of proof in - hearings oftrade
special legislation favoring motions
unions fo
temporary injunctions in the federal 16:3o3
courts - system of affidavit
- state versus
anti-trust act exempting combina- ora
testimony 4I:909-912 tions of labor 28:105
Modification of Supreme Court - statutedecisions
forbidding discrimina
affecting labor 46:386-391 employee because of his mem
NIRA codes as concessions by business labor to
organization 21:370
organized labor in return for exemption
-statute forbidding exaction of an a
from anti-trust laws 47:469-470 ment not to belong to labor union
Ordering return of shop removed to an- condition of employment 28:496,
other state in violation of collective Criticism of the decision of the Massa
agreement 50:700 setts Supreme Court regarding sta
Post-war trade agreements with
limiting labor
hours of labor 29:353-3
47:467-468 368-371
Public utility concept in American
Due process and the employmentlaw
contract
- labor devoted to public utility service 44:1287-1291
4 :303-308
Enactment and operation of Railway Labor
Rival unions--a test of Act the liberal ap-
50:1086-1088
proach to labor problems 46:125-132
-effect upon compan
Selection of cases and other authorities on
42:0o8-112
labor law 36:634-637 Enactment of Norris-LaGuardia Act
State in relation to labor 33:331 50:1082, 1084-1085
Status of unincorporated trade union for English combination law of 80oo
diversity of citizenship jurisdiction I7:515-519
42:IO79 English combination law of I875: changes
Trade competition as a justification made thereby I7:526-529
35:957 - judicial interpretation of I7:529
Validity of contracts to employ only union
Labor injunctions and federal legislati
men I6:215; I8:471; 36:890 42:766-794
Validity of labor provisions of Guffey
LaborCoal
provisions of NIRA 5o:1088-
Act 50:307-3r3 National Labor Relations Act: contitu-
tionality 50:1090-1107
Statutes and interpretation - criticism and proposed amend
Application of Norris-LaGuardia Act to
50:1107-1117
proceedings under Bankruptcy Act, ? 77B
-defining appropriate bargaini
49:341 50:1105-1107
Application of Sherman Anti-Trust Act to
- enactment and scope 50:1089-1096
trade unions 21:450 - unfair labor practices 50:1096-1105
Benthamite reforms in English combination
National war labor board 33:39-63
law, 1824-25 I7:519-526 Norris-LaGuardia Act: what constitutes a
Clayton Act: construction of provisions for
case involving or growing out of a labor
trial by jury in contempt cases 37:486 50: 295-1303
dispute
-labor provisions 30:632; 50:1296-1297
Organized labor and restraints on
- restraining lawful acts interwoven with
commerce 43:459-462
unlawful acts 43:965 Rights and duties under Titl
-venue in contempt proceeding 37:910
portation Act of 1920 38:3
-what is a dispute 43:965Text of Shipstead Bill 42:795-799

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478 LABOR LAW
References in heavy-faced type are to LEADING ARTIC
CASES. The figure in front of the colon refers in each inst

"Trade dispute" under English Trades Enjoining coal strike at suit of federal gov-
Disputes Act of 90o6 28:215 ernment 34:401-407
Trade Union Act of I87I (English): en- Gas-stokers' strike 44:795-796
forcement of claims for benefits by mem- Injunctions against quitting work on a ra
bers 25:591-594 road in the hands of a receiver 8:227
-liability of union Legality for oftortsstrikes to enforce awards of
committed
on its behalf 25:594-598 tribunal for arbitration of jurisdictional
--ultra vires doctrine: whetherlabor disputes 39:101, 128
applicable
NIRA
to registered associations under as forbidding strike activiti
the act
25:598-601 non-employees 47:712
Unions Prevention of strikes in Australia
Appointment of receiver during internal dis- 29:13-15, 28-34
sension 46:1037 Railroad employees: whether amenable to
Are labor unions citizens Sherman under
Anti-Trust diversity
Law I6:518 o
citizenship rule 38:510 Right of governmental employees to strike:
Avoidance by dissolution anddistinction between " public " and " pri-
reorganiza-
tion of corporation's contractvate" services
liability to 39:145
employ only union men 47:I35 Right to strike: effect of N
By-law involving expulsion for petitioning 48:955-965
the legislature 35:332, 348 - for collective bargaining
Civil liability of members of unincorpo- -in wartime 32:837, 859
rated labor unions 42:550-555 - to compel discharge of non
Closed shop: effect of NIRA 48:968-969 ployee 26:259, 277
-decisions of National Labor Relations Rights of strikers--decis
Board 48:656-659 Labor Relations Board 48:653-656
Company unions: effect Strike against
of NIRAone man to reach another
48:965-967 20:243
decisions of National Labor Relations Strike against receiver as contempt 17:196
Board 48:644-648 Strike to compel the employment of union
Effect of the Railway menLabor only Act 36:89I
of I926
upon company unions 42: 08-II2 - Massachusetts prece
Enforcement of closed shop agreement Strike to enforce unio
43: I58 Strike to procure disc
Incorporation: union responsibility classed as "boycott" I7:558
48:974-976 Strikes to secure the re-employment of
-liability of unincorporated unions charged fellow workman 34:880,
50:1113-1116 Sympathetic strikes: legality of 10:
Law of criminal conspiracy in relation to 17:558
labor unions 35:393-427 -in Australia under compulsory arb
Legality at common law 25:465, 481 tion law 32:210-213
Legality of nationwide unions under Sher- Threat of strike against
man Act and Clayton Act 35:459, 474 another 22:458
Legal status of unincorporated trade unions When a prima facie tort 20:275
in England I5:30o; 25:579-601;
33:298, 325 Boycotts
Reasons for growth during nineteenth Boycott
cen- held to be unlawful 7: 80;
tury 33:331 8:510; io:56; I5:223
Recovery of Boycotts treble on materials damage
34:880, 891
man Anti-Trust Law against a labor Classes of boycotts I7:558; 34:88o
union 30:263, 297 Inducing modification of contract by threat
Relief for wrongful expulsion
of boycott from 42:960English
trade unions 29:868 List of consent decrees in fe
Rights of members under cases contract made
involving boycott
by union for their benefit 28:427 Restrictions upon boycot
Supreme Court decisions on unionization is- Secondary boycott: legal
sues 37:ZI45 47:1064
Trade union's failure to noti
wage scale 28:630 Picketing
Comparison of cases involving labor and
Strikes other disputes 48:69I
Classes of strikes 34:880 Injunction against lawful acts
Comparison of decrees in Debs with and
unlawful
Rail- plan 43:965
road Shop Crafts cases 37:1101 Injunctions against picketing: effec
Competition as justification for procuringcriminal statute 12:502
discharge of employee 17:140 - particular cases o0:65, 301; 15:482

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LABOR LAW -LANDLORD AND TENANT 479
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in p
CASES. The figure in front of the colon refers in each instance to the volume.

Australian Commonwealth Court of Con-


Legality: general considerations ro:30r;
15:482 ciliation and Arbitration 34:105-136
Basic wage 34:116-119
Picketing by labor unions in the absence
of a strike 40:896-900 Compulsion in arbitration 32:189-217;
Prior illegal acts as a ground for blanket in- 34:126-128
junctions against picketing Defects44:971-975
in the Act creating the Australian
- disregard of temporary injunction Court of Arbitration 34:128-132
45:935 Effect of creation of special tribunals to
-prior illegal picketing 45:935 settle industrial disputes 34:133-135
Effect of dual control of commonwealth
Refusal to arbitrate as a basis for denying
an injunction against picketing 37:389 and state courts in Australia 35:225
How far conditions of workers have been
Restrictions upon picketing 50:1079-1082
improved in Australia 34:111-114
Conspiracy How far continuity of industrial operations
Combinations of laborers distinguished is secured in Australia 34:105-111
from those of traders I7:65 How far use of human life for industrial
processes has been standardized in Aus-
Official action of trade union as conspiracy
7: 8z; 8:228; 15:223 tralia 34:114-116
Living wages, minimum
Recovery of treble damages under Sherman
Anti-Trust Law 30:263, 297 ary wages: Australian
rulings 32:892-901
Inducing discharge of workmen otherwise
Minimum wage in Aust
than by strikes or boycotts 25-26, 34-37; 34:
Allen v. Flood, analysis and discussion ofof determining 35:226-229
-method
II:405; 15:223 Necessity of co-operation between employ-
Injunction at suit of employer 8:228, ers 499;and employees 35:241-244
12:285 Need for reorganization in Australia
Liability to workmen discharged 7:184; 35:230
9:I59; II:20I, 405; I6:299 Public regulation as a supplement to private
Motive to benefit other persons than the industrial agencies 35:236-239
defendants 8:228 Secondary wage 34:119
Threats of strike South
enjoined at Arbitration
Australian Industrial suit of ri
workman I4:219; I6:7I Court 35:223-244
Strikes in Australia, 19I9
Inducing workmen to leave otherwise
Value and effectthan
of industrial awards
by strikes 35:233-238
Intention to improve conditions of labor as
"Wants of the worker " 35:232
justification 17:285
Legal protection of economic
LACHES coercion
through " yellow dog " contracts
See Equity, Specific Performance, Vendo
50:1079, 1082-1086
and Purchaser.
Liability of union for ordering holiday in
order to raise wages 17:63; 19:68
LAKES
Payment of money to non-union employees
25:743 See Boundaries, Waters.
Publication of "black list" of non-union
employees 8:499 LANDLORD AND TENANT
Suit to restrain labor Nature
union andfrom
incidents compel-
of the relation
ling members to strike:
Expressby threatening
conditions and covenants in
expulsion 38:400 leases
- by threatening fine 22:234 Implied conditions and covenants in
Suit to restrain labor union from compel-
leases
ling members not to take employment Covenants
by running with the land
threatening fine 28:696, 7I8 Waiver of breach of conditions
"Yellow dog" device as a bar to the Repair and use of premises
union organizer 41:770-775 Assignment and subletting
Yellow dog " provision of NIRA Surrender by operation of law
- 47:9r-92, 12I-122 Rent
Tenancies from year to year and month
Australian Courts of Arbitration to month
Arbitration and adjudication 35:253-255 Tenancies at will and at sufferance
Arbitration in Australia based on unionism See also Adverse Possession, Agency, Bank-
29:23-25 ruptcy, Contracts, Corporations, Cove-
Attitude of the court on problems of work- nants Running with the Land, Crops,
ing conditions 34:121-126 Damages, Easements, Ejectment, Equity,

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480 LANDLORD AND TENANT

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in pla
CASES. The figure in front of the colon refers in each instance to the volume.

Equitable Servitudes, Estates, Fixtures,


not broken by assignment by
Mechanics' Liens, Mortgages, Nuisance,bankruptcy 22:146
Conditions inserted by fr
Partnership, Receivers, Specific Perform-
ance, Waste. lessee's negligence 13:222
Covenant against subletting held bro
Nature and incidents of the relation two partial sublettings, one witho
Apportionment of compensation from emi- sent 36:225
nent domain proceedings between land- Covenant for renewal: construction and
lord and tenant 4:78-79; I2:505; operation 8:508; I3:472483
22:381; 48:682 Covenant to repair: construction: to
Civil liability of landlord for forcible evic- well and sufficiently 37:50I
tion of tenant 33:733 -right of invitee to tenant to recove
Compared with that of co-tenancy of aunder 28:432
from landlord
crop 36:20o-2Ir Covenants in lease independent: failu
Constructive eviction: actnot
consideration done
excuse forby lan
nonpaym
as owner of adjoining of rent premises
36:624 I9:
-damages 20:333 Damage for personal injuries 20:72
Contract for display
Effect
advertisement
of bankruptcy of tenant uponas
rightcre
ing relation 19:526 of entry 33:709, 725
Cropper's contracts 36:209, 225 Effect of rejection of lease b
Effect of lessee's discharge in bankruptcyceiver 46:1118-1122
23:61 Effect of restriction aga
Effect upon easement of unity of ownership compulsory liquidator 35:621
when possession is in tenants for years Effect on devise to executors on trust and
21:359, 368 their conveyance to themselves as trus-
Estoppel of tenant in possession to deny tees 21:60
landlord's title 19:375; 39:637-638 Effect on t
Eviction: applicability to lease of incorpo- tling estate 2 :60
real interest I0:375 Equitable relief from for
Insurance proceeds: rightsbreach 20:640, 652;
of lessee 29:129-135
holding
option of purchase Io:191 --effect of executory accord made under
Liability of tenant holding over for mistake
use and of law 41:o167
occupation 38:1117 Landlord's right to recover d
Mandatory injunction to evict made
repairs tenants- after breach
adequacy of legal remedy 41:924 repair 23:67
Ownership of meteorites 4:234; 6:443 Permitting forfe
Perpetually renewable 99-year lease as erection of buil
equivalent of fee 49: r35-1136 Renewal construed to mean extension
Rent charge on land: tenant's liability in 35:62I
debt I0:385 Tenant's continued use of defective prem-
Risk of loss by ises as destruction
bar to recovery on landlord's cove- o
9:125-130 nant to repair 37:775
Surrender of lease given under statute by Whether covenant against as
mortgagor 20:73 binding on executor of lessee 41:927
Validity of perpetual lease with right
Implied conditions and covenants in leases
reentry 48:1204
Covenant of quiet enjoyment: scope of im-
plied covenant 9:434; I6:377
Express conditions and of
Covenant covenants
suitability implied in l
in leas
Against assignment: condition surviving
building under construction 44:132
signment with consent 8:179; 12:272 Effect of destruction of premises 46:1285
- covenant surviving assignment with con-
Fitness for habitation: scope of implied
sent 8:I79; 12:272; I5:750
covenant 9:289; 37:896, 919
effect in general on devise 2I:60 - the doctrine of Smith v. Marrable
- enforcement of covenant by injunction 37:896, 919
I5:748
Implied covenants: necessity for words of
- mortgage of term as breach 16:69 art 9:434; 13:307
- rule in Dumpor's case 8:I79; I2:272; -covenant by land
20:420
with tenant's use
-whether covenant binds assignees not
-what covenants are implied 9:289,
named 28:712
434; I6:7o, 377
Assignment between tenants in c
breach of covenant Covenants running not with the toland assign
Breach of condition: Covenant of quiet enjoyment: impossibility
waiver of b
lessor 0: 190; 23:630, 645 as defense for breach of covenant
- condition not to assign by legal process 12:501

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LANDLORD AND TENANT 481

References in heavy-faced type are to LEADING ARTICL


CASES. The figure in front of the colon refers in each insta

Covenant to insure 10:315 portion of premises not covered


Covenants indirectly affecting value 33:87I
20:577; 2I:291; 22:384 Nuisance: tenant's right to damages
Measure of damages for breach 24:65 I4:547; 16:145
Rent payable for incorporated interest Right of re-entry: assignability Io:189
16:225 -for breach of covenant when reversion
Time when covenant is broken I5:495 has been severed 22:146
Right of tenant to rely on landl
Waiver of breach of conditions in making repairs 35:652-654
By acceptance of rent accruing subsequent
Assignment and subletting
to expiration of notice to quit: where
See also Assignments for Creditors.
landlord has an election 34:203, 217
Agreement to assign: equitable assignee
-where landlord has been deprived of
rights against lessor I2:569
election by statute 34:203, 217
Assignee's liability for rent 16:225;
By acceptance under protest of rent accru-
29:459
ing subsequent to breach 34:203, 217
Assignee's liability on covenant 43:I310
By application to compel lessee's receiver
- on covenant to repair: where assignees
to elect to adopt or renounce lease
28:328
hold as tenants in common 36:624
Assignment between tenants in common as
Validity of oral agreement to revive term
made after re-entry for nonpayment of
breach of covenant not to assign 23:406
Assignment of rent: whether assignment of
rent 42:132
term 9:434
Breach of a con
Repair and use of premises 37:6I3,
Assumption of risk by tenant 37:775 Corporation a "
Hidden dangers in premises: lessor's duty person" under
to warn tenant 16:70; 18:316 24:236
Landlord's liability: for injury from prem-
Dedication by lessee as an assignment
ises in absence of covenant to repair 21:I51
13:307; I9:384; 25:90 Distraint by landlord on goods of sublesse
-for injury to tenant at sufferance not engaged in public trade 21:291
44:1144 Effect of adoption of lease by lessee's re-
- for negligence in making gratuitous re- ceiver 46:1126-1127
pairs 35:633-672 Effect of surrender of
- for negligence of lessee 20:334 sublessee 39:656
- for obvious defects in premises remain-Effect on lessee's right
ing under his control 28:329; 36:485 nant to pay for imp
-for personal injuries due to breach of Lessee's liability to pay
contract to repair 36:625 ing assignment 38:79
-for violation of tenement house statute Liability for failure of lessee
requiring fire escapes 28: 11 ered after agreement to as
-in Massachusetts for negligently repair-Power of municipality to su
ing or failing to repair 35:633-648,
for private purposes 23:570
671-672
Reversionary lease to distrain: right o
- on covenants to repair and covenants tolessee 18:396
prevent the premises from becoming a Right of grantee
nuisance 35:638-640, 670 condition broken
- recent developments 50:740-748 Right of grantee
-to customer or guest of tenant for neg- tion of lease 38:987
ligent repairs 29:226 Right of vendee of leasehold
-to guest in leased hotel 27:592 force contract because of lack of lessor's
- right of entry to repair as imposing lia-consent to compel assignment of lease to
bility for injuries to passers-by his nominee who had lessor's consent
47:357 43:969
- to stranger under contract to repair Sublease by assignee: rights of lessor and
I9:384 lessee 12:571
Lessee's duty on covenant in long time lease Sublease of full te
to repair well and sufficiently 37:501 10:189
Liability for ameliorative waste --with right of r
43:1130-1134 26:459
Liability for death of tenant on breach Sublessee's
of breach
covenant to furnish heat after transfer of
measure of damages 24:241
the reversion 40:787 Sublessee's rights after surrender by le
Liability of lessee for injuries to invitee on 26:458

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482 LANDLORD AND TENANT

References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in


CASES. The figure in front of the colon refers in each instance to the volume.

Tenant holding over causing breach-validity


of con-against bona fide purchaser of
tract between succeeding tenant and goods
his Io:64
assignee 38:991 Lease by mort
gage: right of mortgagee 1:255
Surrender by operation of law
Lessee's liability to pay notwithstanding as-
Abandonment by lessee: collection of
signment 38:79
wharfage by lessor 0: 132
Liability for rent afte
Disclaimer of acceptance of surrender and
by the landlord 28:522; 39:II02
reletting 7:499; I4:158
Liability of assignee of lease for rent
Doctrine of Lyon v. Reed 38:74-86
29:459
Effect of void assignment of original lease
Mortgagee's right to rent after bankruptcy
28:3z3, 330
Effect of void leases 38:83-85 of mortgagor 45:9o0
Nature of 45:901
Element of intent in surrender by operation
Nature of covenant to
of law 22:55, 62; 38:64-86
Partial or total destruct
History before Statute of Frauds
affecting rent 9:125-1
38:70-72
Provability of future re
New void lease to cestui que trust of old
ruptcy 47:488-494; 48:47
term 22:55,62
Provability of landlord's claims in
Oral agreement to leave as creation
ruptcy and equity receivership
tenancy 14:72
49:I167-1I75
Reletting of premises by landlord
Remedies against "milking" property by
38:79-83
mortgagors -mortgagee's right to rents
Right of tenant to excess rent paid l
46:491-497
by new tenant 30:766 Remedies for recovery of rent io:78-94
Surrender by delivery of keys 22:148
Rent claims in bankruptcy reorganizations
Rent under ? 77B 50:I290-1295
Agreements to reduce rents- necessity of Right of purchaser at foreclosure
consideration 46:331; 50:1314 enjoin mortgagor from wrongful
Apportionability where term dropped lecting
on rents 47:883
death of life tenant 33:571-572 Right of purchaser at mortg
Constructive eviction defense to action for sale to rent from a tenant
rent 26:758 under a lease subsequent t
Covenant to issue pass as rent 24:402 42:280
Distress: goods in hands of tenant under Rights to recover from sub
unrecorded conditional sale 37:i6I render by lessee 26:458
-landlord's right to distrain goods of State prohibition of liquor selling
third person after tenant's adjudica- ing rent of premises leased fo
tion in bankruptcy 41:91 tion " as a saloon and not otherwise "
-of crown property I9:218 23:229
- on goods of a sublessee not engaged Theory of the in obligation of rent
public trade 2I:29I io:78-94; II:1-17
--right to distrain on goods held under
recorded conditional sale 38:830 Tenancies from year to year and month to
-whether tenant's receiver may enjoin month
distress for advance rent 29:335 Creation of tenancy: holding over by re-
ceiver of tenant for term 27:764
Duty of landlord to mitigate damages after
tenant's abandonment 44:993 -holding over by tenant for term
-duty to accept 34:217; 38:81 13:142,218; 27:764
--holding over with consent of one of
Effect of prior unrecorded chattel mortgage
co-owners I8:70
upon landlord's statutory lien for rent
49:144 lease void under Statute of Frauds
Effect of rejection of lease by lessee's re- 6:385
ceiver 46:1118-1122 Date of expiration of current year for ten-
Eviction by paramountant holding
title over 33:116
as affecting
rent 36:624 Does option to purchase continu
Existing illegality tenant for term
of holds over 34:437
restrict
dering lease void 44:I299 Judgment for one year's rent after two
Frustration of adventure as affecting years' occupancy
rent as bar to suit for second
36:624 year's rent 23:149
Landlords' claims under Corporate Landlord's
Reor- right to evict t
ganizations Act, I934 48:62-70 33:733
Landlord's lien: time of creation when re- Notice necessary to terminate monthly
lation of vendor and purchaser becomes tenancy 26:181
that of landlord and tenant 24:677 Odd term less than

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LANDLORD AND TENANT--LAW 483
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain
CASES. The figure in front of the colon refers in each instance to the volume.

ceptance of rent from tenant holding


Grand larceny
over 34:217 Articles of different
Possession under agreem
I2:277
24: 57 Articles of small value taken at various
Tests of month to month tenancy: rent times 12:277
period I3:142 Constructive gran
Waiver of notice to vacate 42:708 continuous trespass 12:277
Taking face value of unendorsed chec
Whether each year is a new lease or a pro-
longation of the original term 23:149 determine value of stolen property
23:230
Tenancies at will and at sufferance Continuing trespass
Lease for life determinable at will of lessee Bringing stolen goods into state 9:358;
16:527 io:6I; 12:425
Tenant at sufferance: compensation when Doctrine criticised 12:425
premises taken under eminent domain Indictment for successively taking
12:505 as for one trespass I2:277
Termination of tenancy at will: conveyance
of premises I4:374 Larceny by trick
-lease of part of premises II:4I8 Agent who has so obtained goods p
-necessity of notice to quit II:418 good title under Factors' Act 20:
Borderland of larceny 6:244-256
LARCENY Distinction between larceny by trick and
Nature false pretenses 26:375
Property subject to larceny Fraudulent gaming 15:317
Possession and larceny
Grand larceny LAST CLEAR CHANCE
Continuing trespass See Contributory Negligence, Negligenc
Larceny by trick Railroads.
See also Criminal Law, Embezzlement, His-
LATERAL SUPPORT
tory of Law.
See Right of Support.
Nature
LAW
Agent's power to transfer title: condition
of consent violated I9:138 See also Civil Law, Codes, Common La
Conflict of Laws, Constitutional Law
Appeal of larceny: restitution of goods
3:24, 28-29 Courts, History of Law, Internationa
Law,tak-
Consent of gratuitous bailee to thief's Jurisprudence, Law Schools, Ma
ing 8:ii8 ims, Practice of Law, Roman Law, Stud
Dishonesty ofof Law, Teaching
the of Law.
pros
the accused 14:156
In general
Mens rea, development of 45:999-1000
Administration of law in tort cases
Presumption arising solely for the jury
45:412-422
14:300
Arrangement of the law-privity
Property taken with intent to gain reward
I5:492
44:738-758
Regina v. Ashwell not followed 9:217Austin's definition of law 44:788-791
Business postulates and the law
Requisites of an attempt 3:375; 4:88;
6:48
4I:1014-1030
Call for a realist jurisprudence
Specific intent under New York larceny
statute I9:611, 620 44:697-711
Case method and 15:234
Taking by innocent purchaser study of law 48:7II-714
Classifications of the law: objects to be
aimed at in making them 30:418-420
Property subject to larceny
Comparison
Chattels severed from realty of civil and common law
I2:497
Fixtures 12:354 36:180-192
Larceny of building 12:497 Comparison of law with natural science
Unendorsed check 23:230 29:623-629
Courts
Value of automobile license plates of Piepowder and Staple Courts
40:787
28:138-139
Possession and larceny Crown's prerogative as part of common
Limitations of doctrine of master and
law 42:442
servant 9:351 Defects of com
Possession of abandoned chattels
48:18026
Private carrier Effect
has possession 9:
of racial
Reduction of wild animals to possessio
development of
I6:450 36:191

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484 LAW
References in heavy-faced type
CASES. The figure in front of the

Elements which go to
New light ma
on the
36:645 42:639-
Force as the basis of international law Non-contentious or
tion in Germany 21:476-495
45:402-404
Fundamental law and the power of courts Orders in council 32:295
27:45-67 Philosophical, political, and ethic
Fundamental law in England 31:296, 307 to end of law, as an element in
German private law 32:744 velopment of law 36:651-662
"Higher law" background of American Possibility of a unified national law in the
constitutional law .42:149-185, United States 35:96, 355
365-409
Present day lawless enforcement
Historical method in law 33:333 33:956
How far ecclesiastical law is part of a com-
Principle of economy in the law of
mon law 30:283, 289 46:31-32
How law changes: maxims Progress of the law -analytical j
as a method
dence, 1914-I927 41:174-199
34:814-816, 819, 823-824,829-833
Ideal pictures of the social order
Public policy as English
in the in- common la
fluencing the trend of law 36:652-65742:76-102
Reason
Inadequacies of Aristotelian and in
logic nature
the45:197-204
law
29:636-639 R6le of substantive law and procedu
Influence of the study of comparative law in the legal process 45:617-647
upon the development of the legal system Rules of law of laissez-faire in commercial
34:227 arbitration 47:590-627
International and inter-religious private Some realism about realism -re
law in Palestine 40:I 6I to Dean Pound 44:1222-1264
Judicial method and legal Sources of law 21:122-125
criticism
46:3942 Terminology of legal science
Law and economics 47:372-375 for the science of nomo-thetics 28:1-9
Theoretical and positive methods in the
Law and the economics of free competition
47:165-170 conflict of laws 47:173-182
Law and morals 36:658-660; 45:112-135 Traditional technique of applying legal p
Law as an existing abstract entity cepts as an element of law 36:645-6
2 :120-129 Transcendental basis of law 32:40-44
Law as over-emphasizing logic Trial by combat and the New Deal: em-
29:622-623 phasis on issues in contested cases as bar-
Law enforcement by negotiation under the rier to effective participation by courts in
anti-trust laws 46:911-916 governmental regulation 47:913-947
Law merchant in the days of the Year
Books 28:136-140 Case law
Law not a simple ultimate Abuse of the use of principles in law
conception
36:643-645 29:630-636
Legal education as a basis of procedural Advantages of case law over statute law
reform 39:746-748 2 1:519-521
Legal precepts: nature, Commercial arbitration and the
classifications, law
and
examples thereof 36:645-646 32:584
Logic in legal thinking 3I:808-812 Decisions without opinions 34:314
Meanings of natural law 46:868 Declaratory theory of law - effect of over-
ruled and overruling decisions on inter-
Military law - a study in comparative law
32:349-373 vening transactions 47: 403-1413
Mode of growth 36:642 Defects of judge-made law 21:384;
Natural law and American judicial decision 35:113-117
45:136-148 Distinction between contentious and non-
contentious
Necessity of adopting the foreign jurisdiction 21:476-479
judicial
methods and mode of reasoningEnlightening
in ad-the layman as to judicial
ministering foreign law 32:70 reasoning and constitutional interpreta-
Need for revision of legal conceptions totion 37:783
meet business conditions 37:201-213 Ethics in Eng
Need of administrative technique to close Evil of multip
gap between written law and social need 21:416-419
48:451-1453 Ideal element in American judicial decision
Negligence per se -functions of legisla- 45:136-148
Individualization of cases in the conflict of
ture, judge and jury in fixing standards
of fault 46:453-465 laws 47:192-197
Negotiating functions of Interpretation
public utility com- of the
missions 46:775 law 31:813-821

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LAW -LEGACIES AND DEVISES 485
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

Materials of judicial decision 36:641-662


Harvard Law School
Need of following principles rather than
See also Legal Biography.
precedents to gain uniformity inAdvisability
Ameri- of substituting doctor's for
can case law 21:425-430 bachelor's degree at Harvard Law School
Relation of state and federal courts as a I8:5r
tendency to uniformity of state law Ames Competition 28:84, 605
21:583-594 Appointment of Professor Frankfurter
Relations of judicial decisions to law 28:82
21:120-129 Centennial history of the Harvard Law
Rule and discretion in the administration School 32:92, 796
of justice 33:972 Effect of the war 32:69
Study of decisions of Formation Mr. Justice of system Robinson
of local corr
of North Dakota 33:972 secretaries of Harvard Law School Asso-
ciation
Tendency of study of cases to advance uni- 35: 182
formity of law 21:521-522 Harvard Legal Aid
Theory of judicial decision 36:641-662, 28:188; 29:195; 35:950-952
802-825, 940-959Langdell and the Law School 33:518-525
Notes on Harvard Law School 18:5r,
Value of principles in law 29:623-627
132; I9:50, 19; 27:68-71, 159, 570,
Statute law 735; 28:83; 29:76; 32:68, 6, 160, 835
Advantages and defects 48:183-186 Rebirth of the Harvard Law School by the
Codes and classification 44:792-794 introduction of the case system by Lang-
Codes and the arrangement of law dell 33:493-517
44:725-737 Registration
Effect of tendency of legislature to follow 1912-I913 26:161
previous statutes upon uniformity of law 1913-1914 27:159
2I:517-519 I914-I915 28:I86
Friction between a statute and principles of I915-19I6 29:193
common law as a limitation of legislative 1916-I917 30:159
power 21:396-403 I917-I918 31:288
Growth of administrative courts due to 1918-I919 32 :60
conservation of the law 33:621 1919-1920 33:85
Historic function of the American Law 1920-1921 34:r97
Institute: restatement as transitional to 1921-1922 35:I83
codification 47:1367-1394 I928-I929 42:249
Influence of the bar on legislation I929-I930 43:279
21:516-519 I930-I93I 44:260
Influence of public opinion on legislation I93I-I932 45:336
2I:510-519 I932-I933 46:291
Note on statutory interpretation 1933-I934 47:299
43:886-893 1934-I935 48:283
Relation of common law and legislation 1935-I936 49:289
21:383-407 1936-I937 50:306
Retroactive effect of overruling decisions Report of committee to v
construing statutes 47:1404, 1406-1407 35:9
Scope of statute law and the extent of Roscoe Pound Fund 50:785
the legislature's participation in its mak- Taft Lectures 28:188
ing 44:976-979
Statutory interpretation
LEAGUE OF NATIONS 43:863-885
Written law and customary
See International Law. law 33:335

LAW SCHOOLS LEASES


See also Study of Law, Teaching of
See Law.
Landlord and Tenant.

In general LEGACIES AND DEVISES


Admission requirements of Columbia Lawmay be bequeathed or devised
What
School changed 12:562 Classification
Extension of law teaching at Oxford
Construction
24:1-5 Void or voidable bequests and devises
Function of a university law school
Ademption
49:1068-1083Lapsed bequests and devises
Influence of university law schools upon
Abatement
legal thinking 50:19-21 Title and rights of devisees and legatees
University of Cincinnati Law Payment
School
11:r14 Exoneration

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486 LEGACIES AND DEVISES
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;
CASES. The figure in front of the colon refers in each instance to the volume.

Liability of legatees and devisees


Forfeiture on condition: happening
Renunciation by legatee dition in testator's lifetime I7:495;
See also Adverse Possession, Charities, Con- 33:317
General Cur-
flict of Laws, Constructive Trusts, rules as illustrated by recent cases
tesy, Descent and Distribution, Dower, 34:522-532
Equitable Conversion, Estates,Gift of interest for maintenance as showing
Executors
legacy to
and Administrators, Future Interests, In-be vested Io:3I5; 36:886
heritance Taxes, Powers, QuasiGift of shares of stock construed as general
Contracts,
Rule against Perpetuities, Trusts,legacy
Wills. 10:454
Gift of stock in t
What may be bequeathed or devised transferred to tru
ent which
Land directed to be sold for purposes after probate 47:884
have failed 22:450 Gifts to a class 48:1221-1228
Gifts
Possibility of reverter: to heirs and nextdevisable
whether of kin
under Wills Act I3: I50 48:1228-123J
Gifts to issue-problems of capital and
Classification stirpital distribution 48:1 I231-I233
Bequest of amount of stock owned by Implying cross limitations in bequest to
testator 35:474 tenants in common limited by gift over
Condition in restraint of marriage 22:388 6:20
10:372; 24:405; 33:317 Interpretation as gift or trust where trust
Conditional bequest: annuity conditioned would fail for indefiniteness
upon continued separation from husband 48:1166-II67
33:483 Parol evidence admitted to show bequests
Conditional devise distinguished from prec-substitutional 17:141
atory trust II:261, 482 Performance of condition su
Cumulation distinguished from substitution
cused by impossibility, when
of legacies 36:1034 motive of testator 23:67
Period
General distinguished from to which
specific " surviving " refe
legacies
10:454 36:492
Gift to a class: determination of class Situs of choses in action in interp
II:346; I5:4I3 of legacies i :102-103
-what constitutes such a gift 13:308 Title by descent or devise 46
Gifts contingent on survivorship: death in 48:1202
common disaster i6:368 Trust for maintenance as absolu
Nature of a general pecuniary legacy
spective of life beneficiary's i
39:369-370 means 47:1073
Construction Vesting of futu
Absolute gift followed by qualifying - " divide and p
clauses: effect of failure of qualifying 48:1218-1221
clauses 23:485 -policy favoring early vesting
Application of rule in Shelley's case
48:1217-1218 w
remainder is left to "issue share and Void for uncertainty 36:630
share alike " 30:195 Whether will works equitable conversio
Child en ventre sa mere realty:
as "surviving"
by what law determined
48:r235-I237 II:55o
Codicilliary republication 40:71-104
Conflicting devises 7:55; 15:498 Void or voidable bequests and devises
Cross-limitations to "survivors" and Alternative devise to wife of witness: gift
others 48:1233-1235 declared void under Wills Act, not merely
Cy pr3s application of legacies blotted out 17:579
to organiza-
tions that have ceased to exist or that Application of doctrine of
never existed 50:128 23:138, 147
Cy pres doctrine I7:559 Bequest and devise to co
Deduction of extinguished note under set- cess of charter limitations
off clause 30:298 20:561, 573
Devise of land sold by testator:
Devise whether
of lease in spite of covenant not to
gift of proceeds 9:489 assign 21:60
Devise of land to vendor thereof Devise 23:407to attorne
Direction to purchase annuity creating
influence 14:73
vested legacy 20:33I Effect of condition r
Effect of substantial performance gift to infant where47:887
compliance with condition Effectmore onerous
of conditions in restrain
than contemplated 36:758 6:208; 10:372

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LEGACIES AND DEVISES 487
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; a
CASES. The figure in front of the colon refers in each instance to the volume.

Effect of lapse on executory gifts otherwise


Bequest to cancel joint obligation for bene-
illegal 20:483, 499 fit of one of co-obligors 22:147
Executory devises conditioned on failure
Bequest to discharge to
an obligation 14:73
alienate a fee I7:90o; 32:437 Devise in fulfillment of contract 49:I380
Fraud of other than legatee: whether Disposal of lapsed specific and residuary
avoiding gift 16:310 legacies left to same person 50:366
Gift to wife while livingEffect apart from
of lapse hus-
of previous estate upon ex-
band 24:678; 33:483 ecutory devise when contingency has not
Husband or wife of attesting happened witness as
21:451
legatee 7:500; 18:474 Effect of lapse of residue 36:230
Legacy upon secret trust for Effectwitness
of lapse where the estate is insuffi-
18:316 cient to pay all the legacies 35:884
Right of next of kin to invoke statute in- Effect of republication of will 31:901
tended to protect husband I7:136 Effect when same person is special and
Validity of charitable bequest: by what residuary legatee 29:109
law determined 7:432 Provision against lapsing of a legac
Whether devise to unborn bastard of of
power speci-
appointment in the legat
fied father is void for uncertainty
valid 26:91
30:652 Set-off of debt
Ademption the heir substit
Ademption of bequest of savings account in a lapse 21:291
one bank by removal to another Whether heir must
42:960 lapsed residuary devise 30:649
Ademption resulting from acts of the
guardian of an insane testator
Abatement
45:710-717
Acceleration when widow takes against will
Bequest of shares: effect of merger of com-
47:889
pany 25:39I
Change Contribution when widow takesby
accomplished against o
20:239; 37:II41
will 47:889
Deficiency due
Death of testatrix and loss of property
proportionally b
specifically bequeathed in common dis-
legatees 32:861
aster 43:1311
Effect of confusion Effect ofof renunciat
chattels be
48:1237-1238
39:404
Legacy conditioned on relinquishment of
Effect of distribution of subsidiary shares
to take the olace of shares bequeathed claims against third parties 26:758
30:523
Legacy in default of appointment by
widow lost by widow's election to take
Effect of substitution of shares at new par
value in same company 38:264 dower 41:677
Legacy
Effect of testator's purchase of the fee upon in satisfact
unliquidated debt 2: 60
the devise of a rent charge 34:438
Effect upon specific devise of contract to
sell land made after execution of will Title and rights of devisees an
47:1191 Acquisition of property by wil
Intention the basis of the doctrine when another-- a statutory solutio
invoked in favor of stranger 20:72 49:715-755
Necessity of the animus adimenai Disclaimer by parol 28:210
37:I1I4I Dividends on specific legacy innoce
Persons in loco parentis 11:416 transferred to the wrong person
Property specifically bequeathed converted 23:2I5, 230
into general funds by lunacy committee
Effect of civil death statutes 50:974
37:1141 Election to take under will or by descent
Scope of the doctrine 10:52 28:332
Estate
Statutes preventing ademptions by lunatic's taxes 50:844
conservators 37:1141 Husband and wife as statutor
What amounts to 45:710-717 fect of election to take under the law
Whether adeemed by subsequent covenant
upon right to share in property not in-
to pay an equal amount 31:659 cluded in the will 42:350-356
--effect of election to take under the
Lapsed bequests and devises upon right to share in intestate prop
Application of statute preventing lapse 42:335-350
18:622; 19:385; 44:30I Legacies subordinate to debts 15
- to gifts to a class 48:1222-1224 Legacy in lieu of dower 8:289

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488 LEGACIES AND DEVISES -LEGAL BIOGRAPHY

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; an


CASES. The figure in front of the colon refers in each instance to the volume.

Nature of legatee's interest inLEGAL BIOGRAPHY


legacy be-
fore discovery of codicil revoking it
23:215, 230 American
Adams, Edward Brinley 35:743, 895-901
Priority of general legacy over residuary
legacy to income from estate during Ames,
first James Barr 23:321-324, 325-329,
year 33:984 330-335, 336-338
Renunciation of title
Appointment avoidi
of Joseph McKenna as asso-
tax 21:435, 450 ciate justice 1 :404
Right of devisee Bonaparte, of holder Charles J. of36:os05
specif
performable option 31:281-283 Brandeis, and the Constitution 45:33-
Right of devisee to specific performanceBrandeis
of and the regulation of railroad
contract to build 31:275-278 45:4-32
Right of devisees to rents and profits Brandeis from
classification of opinions
realty ordered sold to satisfy testator's 45:106-111
debts 48:130 Brandeis, Mr. Justice 45:1-3; 50:77
Right to reopen probate
Brannan, Joseph Doddridge decree
44:157-160
mistake concerning Brown, Lieutenant William Cheney,
death ofnote leg
30:I90 on death of 32:974
Time of vesting of title as determining Campbell,
lia- John Archibald
bility to inheritance tax 2I:435, 450 tice of the United States
33:1083
Payment Clifford, Nathan 36:105o
See also Quasi Contracts. Comparison of judicial attitudes of
Deduction of amount of expense incurred and Brandeis 50:371-373
in maintenance of legacy pending settle- Doe, Charles 9:534
ment of estate 23:71 Dunbar, Lieutenant D. D
Interest: by way of maintenance in action of 32:68
24:325;
30:766 Early writings of 0.
44:717-7
Interest on legacy payable out of rever-
sionary property 25:474 Field, Stephen J., not
Priority of general legacy over residuary II:259
legacy to income from estateGray, duringJohnfirst
Chipman 28:539-549, 604
year before distribution 33:984 Great judges of the United States Supreme
Set-off of debt from legatee barred by Stat- Court 12:135
ute of Limitations I4:73 Hall, James Parke
4I:769
Exoneration Henderson, Gerard Carl, note on death of
Exoneration of specific devisee from cove- 4I:69
nant running with the land 27:283 Holmes, Oliver W. 29:703; 43:857-862;
Exoneration of specific property from in- 44:677-696; 48:1277-1278, 1279-1280
cumbrances existing at the death of the - and the law of torts 29:601-616
testator or ancestor 40:630-634 - bibliography of the early writings of
-statutory changes 40:633-634 44:797-798
General pecuniary legatee against specific-classification of opinions of, delivered
devisee I6:308 while a member of the Massachusetts
Right of devisee Supreme of Judicial Court 44:799-819
mortgaged est
claim exoneration -classification
out of of
opinionspecuniary
of, delivered
cies 18:221 while a member of the United States
Supreme Court 44:820-827
Liability -constitutional
of legatees opinions of 29:685-7
an
Bequests and devises 36:919-932 s
unattested -contributions
written to the science of law prom
others some or all 34:449-453
of th
tained 28:251-269, 366-393 - the historian 44:712-716
- ninetieth
Effect of co-devisee's promise made to pre- birthday 44:828
-twenty-five
vent alteration of a will upon other co- years on Supreme Cou
devisees 21:286 4I:225-226
Hutcheraft, Captain Reuben B., Jr., note
Renunciation by on legatee
death in action of 32:557
Effect of renunciation Langdell, Christopher C.by
20:1-4, 5-6,
spous
48:1237-1238 9-11, 12-13, 56
Effect of renunciation on levy by legatee's -an English appreciation 20:56
creditors 36:347 Marshall, John 31:496; 33:990
What constitutes valid renunciation Roscoe Pound 50:169-170
36:347 Sanford, Edward Terry 43:926

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LEGAL BIOGRAPHY - LEGISLATION 489
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Shaw, Lemuel, Chief Justice of Massachu- Harvard Law Review


setts, 1830-1860 32:183 Fiftieth anniversary 50:1-3, 861
Smith, Jeremiah 35:1 The recent cases department 50:862-867
Strobel, E. H. 21:275
LEGAL
Supreme Court in United TENDER
States history
See Constitutional Law.
36:117-119
Taney, Roger B. 36:917, 918; 37:1148 LEGISLATION
Taney and the commerce clause
In general
49:1286-1302 Advertising
Thayer, Ezra Ripley 29:1-12, 76 Agency
Thayer, James Bradley I5:599-609 Arbitration
Westengard, Jens Iverson 32:68, 93-113
Automobiles
Wigmore, John H. 33:629 Banking and finance
English Business regulation: in general
A lawyer's life on two continents 33:994 Corporations
Bentham and his influence upon legislation Criminal Law
and codification I3:344-357 Elections
Blackburn, Lord, note on death Equity
of 9:420
Blackstone, William, early study Insurance
of law
32:974 Labor legislation
Mortgages
Bowen, Lord, judicial characteristics of
io:351-370 Municipal corporations
Character and public services of Lord Negotiable instruments
Westbury 13:557-569 Procedure and evidence
Persons
Character and services of Sir Alexander
Cockburn I4:79-97 Property
Public utilities Pleas
Great English judges: Common
Sales
11:474
-Exchequer 1:195 Taxation
Torts
- King's Bench 11:123
Trusts
-Lord Chancellor 11:59
See also Constitutional Law, Statutes.
Hall, Sir Edward Marshall 43:1323-1325
Herschell, Lord, note on death of I2:557
In general
Representative English judges of today
Advantages and defects of statute law
5:405; o10:52
Selden as Legal Historian: a comment in 48:183-186
American legislative methods in period be-
criticism and appreciation 24:105-118,
205-219 fore 1825 3I:0o3
Continental Blanket repeals: the draftsm
Duguit, M. 31:I86-i92 45:364-369
Hariou, M. 3 1:875 Blind amendments 49:142-143
Constitutionality: indefinite criteria of
Josef Redlich 5o:389-391, 392-394
Windsheid and von Ihering, note on death definiteness in statutes 45:160-164
of 6:317 Control of lobbying 45:1241-1248
LEGAL EDUCATION
Declaratory legislation 49:137-143
Delegation of discretion in Massachusetts
See Law Schools, Study of Law. licensing statutes 43:302-307
LEGAL ETHICS Drafting amendatory statutes
See also Attorneys. 43:r143-1147
Elimination of obsolete statutes
Arising from relation between attorney and
client i5:714-724 43:1302-1306
Emergency
Factors impairing public legislation
influence ofandthe
time when stat-
bar 48:1-14 utes take effect 44:85I-855
Of New York Failure of Anglo-American world tobar
corporation make
use of legislation 47:1374-1375
43:5o8-~5o9
Solicitation of Federal business Register Actby 49:1209-1211
mean
sonal letters 32:573 Form of amendatory statutes 43:482-485
LEGAL HISTORY Indefinite statutory standards 38:963
Legislative correction of Supreme Court
See History of Law. decisions 46:802-805
LEGAL PERIODICALS Legislative materials to aid stat
pretation 50:822-826
In general Method of the restatements con
The law school review, 1887-1937 the codification of law in Ind
50:868-886 47:364-365

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490 LEGISLATION
References in heavy-faced type are to LEADING
CASES. The figure in front of the colon refers in e

Miners' codes and the federal


Glass-Steagall mining
Banking ac
Act of I933
50:897-899 47:325-334
Plea for better publication of executi
Legislation affecting commodity and stock
legislation 48:198-215 exchanges 45:912-925
-proposed statute 48:214-215 Protecting the installment b
Relation between legislation and public 49:128-137
opinion in England during nineteenth Statutes empowering state bank liquidators
century I9:151-167 to borrow and pledge bank's assets as
Relation of uniform acts to local statute security 46:498
law 46:404-405 Statutory liability of
Repeal reenactment at 47:1428-1433
and the sam
Statutory regulation of investment
sion - effect of reenactment before trusts eff
tive date of repeal 45:59I 44:117-120
Uniform Bank
Scope of statute law and the extent of Collection Code
the legislature's participation in its mak- 43:307-312
ing 44:976-979 Uniform Small Loans Act 42:689-693
Statutory solutions of problem of surv
in a common disaster 50:344-349 Business regulation: in general
Uniform Fraudulent Conveyance Act Bribery in commercial relationships
46:404-452 45:1248-I252
Uniform State Laws: canons of construc- English housing law 49:432-454
tion 29:541, 56i Fair trade legislation - a state experiment
Use of legislative findings in resale priceof maintenance
fact in 49:811-821
const
tutional cases 49:633 Legal aspect of motion picture censorship
Validity of legislation beyond scope pre- 44:113-117
scribed by governor for Oil special
and gas conservation
session 43:1137-1143
46:725Proposed plans to reduce uncertainty in the
War legislation 3I:694-700; 32:583 anti-trust laws 45:566-571
Robinson-Patman Act - prospective pro
Advertising lems of construction and constitutionali
Billboard regulation 49:872-874 50:o06-125
Statutory attacks on deceptive advertising
Statutes restricting the sale of convict-made
43:945-949 goods 44:846-850
Agency Statutory restraints on c
Vicarious liability: statutes as a guide to its 44:456-460
basis 45:171-175 Corporations
Binding the dissenter under state reorgan-
Arbitration
ization laws 48:1414-1428
Can statutory arbitrators make other than Capital stock reduction as affectin
money awards? 46:314-319 of creditors 47:693-698
Failure of mandatory specific enforcement
under Draft State Arbitration Act
Corporate Reorganizations Ac
background and legislative h
46:1258-1280 48:41-51
Procedural difficulties in arbitration: the
Disclosure of corporate affairs 47:335-343
English statutory remedy 48:309-319 Enactment of Bankruptcy Act ? 77
Statutory provisions governing arbitration 47:20-22
47:594-597
Model corporation act annotated with ref-
Automobiles
erences to existing state laws
Development of standards in speed legisla- 48:1334-1380
tion 46:838-842
Remedies of dissenting stockholders under
Subjecting the nonresident appraisal statutes motorist
45:233-270 to
43:949-954
Rights of foreign " statutory successor " of
Uniform Act Regulating Traffic on High-
dissolved corporation 48:835-843
ways 46:840-842 Statutory developments in business corpo-
Banking and finance ration law, I886-I936 50:27-59
Branch, chain and group Statutory banking
modification of the doctrine of
48:659-672 ultra vires 44:280-285
Credit union legislation 44:1131-1135 Statutory provision for rem
Efforts to eliminate some evils of unre- rate officer " at pleasure
stricted credit for wage earners
45:1102-1108 Criminal Law
Federal regulation of securities: problems Development of penal codes 50:617-618
of civil liability 48:107-I21 Federal co6peration in criminal law en-
Federal taxing power as means of establish- forcement 48:489-498
ing a unified banking system Indeterminate 46:143-148 sentence laws 50:677-687

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LEGISLATION 49I
References in heavy-faced type are to LEADING
CASES. The figure in front of the colon refers in e

Statutory abrogation Procedureofand evidence


rule of strict co
struction of penal statutes
Admitting 48:752-756
business records in evidence:
769-770 legislation to meet modern conditions
Elections 47:1044-o154
Political combinations in elections Bill of discovery under reformed procedure
45:'906-912 44:633-638
Equity Civil death statutes- medieval fiction in a
Developments in the law of unfair com- modern world 50:968-977
petition 46:1194-1200 Civil deposition acts 45:176-181
--protection of fabric designs
Compelling the testimony of absent wit-
46:1196-1200nesses 43:121-126
-resale price maintenance agreements
Efforts at legislative r
46:1194-1196dence 5o:924-934
Statutory extension of injunctive
Exclusion law en- of similar fact
forcement 45:1096-1102 land: modern statutes 46:978-982
Statutory tinkering with specific perform-
Extending judicial notice to foreign law
ance 47:1036-1044 46:1019-1022
Extending use of motion for summary
Insurance judgment to defendant 47:140
Johnson Act- defining a "plain, speedy,
Legislative efforts to make insurance guar-
antee payment of tort claims and efficient " remedy in the state courts
46:1325-1333 50:813-821
Life insurance trust 50:511-517 Legislation tolling the Statute of Limita-
Preventing litigious delay in payment of in- tions during the debtor's absence
surance claims 48:319-327 46:706-710
Legislative enactment providing for in
Labor legislation forma pauperis system 36:398
Qualifying the interested survivor as a wit-
Definition of unemployment in unemploy-
ness 46:834-838
ment insurance measures 44:285-290
Summary of federal leg
Due process and the employment contract
44: 287-129I the inferior federal
Legislative minimum wage 31:1013 Persons
Old age security 46:1012-1018
Some legislative aspects of the birth-control
Statutes regulating defaulting employee's
recovery for services rendered problem 45:723-729
43:647-651 Property
Mortgages Acquisition of property by wilfully killing
Bulk mortgage legislation 44:638-642 another-a statutory solution
Mortgage relief during the depression 49:715-755
Administration of the estate of an absentee
47:299-307
-judicial and legislative action compared 43:485-489
47:306-307 Legislative attacks upon the Rule in Shel-
- tabular analysis of moratory legislation ley's Case 45:571-577
in United States 46:1081-1085 Legislative interference with t
-types of statutes 47:290-301 against Perpetuities 46:701
Statutes applying to persons in military
Unborn parties in property litigat
service 46:1085 48:1oo-00oo8
Statutory requirement Public utilities of record of mo
gagor's acts tolling Statute
Extending control overof
publicLimitation
utility-affili-
in order to bind junior ate financial interests
transactions 46:508-515
49:643-644 -banking transactions 46:508-513
Uniform Mortgage Act as proposed -dividend declarations 46:513-515
38:651-660 Legislation extending control over public
Municipal corporations utility-affiliate contracts 45:729-737
Legislative aid to creditors of defaulting Regulation of the contract motor carrier
state political subdivisions -home rule - table of statutes 44:568-571
objections 46:1317-1325 Sales
Loans from the PWA in excess of city debt
Moratory legislation: a comparative study
limits 47:688-693 46:1062-1085
-application in the several jurisdictions
Negotiable instruments
46:445-452
Bad check laws 44:451-456 -list of moratory laws in United States
Registered bonds and negotiability - pro-applying to persons in military service
posed statutory changes 47:771-775 46:1085

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492 LEGISLATION -LETTERS OF CREDIT
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; an
CASES. The figure in front of the colon refers in each instance to the volume.

Taxation of legitimacy of child born i


Codification of income tax law 42:1079
50:376-379 Adoption compared with legitimation
Provisions for reciprocity in statutes au- 38:1084-1085
thorizing extraterritorial tax collection Children of a prohibited miscegenetic mar-
48:832-833 riage -under a statute making legiti-
Reciprocal and retaliatory tax statutes mate issue of marriages null in law
43:641-646 45:933
Return of illegal and unconstitutional taxes Declaration of legitimacy under Uniform
45:506-532 Declaratory Judgments Act 46:336
Sales tax 47:86o-870 Determined by the law of domicil 6:379;
--the search for new sources of revenue 3I:892
47:503-510 Domiciliary requirements for present legiti-
State taxation of radio broadcasting mation and legitimation by relation back
49:473-478 by marriage subsequent to birth 21:443
Statutory relief in extraterritorial tax col- Legitimacy and marriage: historical dis-
lection 48:828-835 cussion i6:22-42
Taxability of stock redemption Legitimacy as a status
or 38:1082-1084
cancella-
tion as dividend - proposed statute
Putative marriage 22:222, 230
49:1350 Recent legislation 36:96
Taxation of tax-exempt securities in the
Right of child to attack collusive
hands of corporations 44:1124-1z3I nulling marriage of parents
Sociological aspects of birth ou
Torts wedlock 36:96
Aviator's liability for injury to persons orTestimony of mo
property on earth 48:224-225 child born five m
Criminal statutes and tort liability 40:141
46:453-477 LETTERS OF CREDIT
English Joint Tortfeasors Act 49:312-319 Nature
Inadequacies of English and state survival Rights of the issuing and drawee banks
legislation 48:1008-1013 Rights of the purchasing bank against
Inadequacies of existing " wrongful death
the issuing "
and drawee banks
and "survival" legislation 44:980-984 Rights of the beneficiary
Legislative efforts to distribute loss between Defenses
joint tortfeasors 45:369-375 See also Banks and Banking, Bills and
Liability for automobile accidents of mi-
Notes, Conflict of Laws, Contracts.
nors 48:498-503
Securing tort contribution
Nature in injured pl
tiff's action -proposed statute
Assignability 32:28-31; 35:738-741
47:241-244
Bank's letter of credit procured by buyer
Statutory extension of
complete thesatisfaction
or partial scope of d
of buy-
fenses in civil libel 43:126-131 er's obligation 40:294
Trespasser on the highway doctrine--a
Common contract for benefit o
Massachusetts anomaly 46:319-325 32:15-16
Common estoppel 32:16-18
Trusts Common guaranty 32:13-15
Development of powers of trustees Common law conceptions 32:10-20
47:510-518 Common offer resulting in simple contract
Proposed Uniform Principal and Income 32:10-13
Act 46:781-794 Conditions and expiration 32:32-37
Continental law
Statutory specification of32:5-9
trustee
ments 49:82I-825 Definition of terms 35:542-545
Effect of fraud of the applicant for credit
LEGISLATURE 35:569, 73, 579-581, 583
See also Constitutional Law, Contempt. Letters of credit as mercantile specialities
Right of speaker to prevent disorder by 32:37-39; 35:563-566
compelling attendance of member Nature and origin 32:1-5; 37:326-327
25:666 Necessity for consideration 35:563-566;
LEGITIMACY 36:347
See also Bastards, Conflict of Laws, De- Relation of the buyer-seller contract to the
scent and Distribution. letter of credit 34:533, 560; 37:383
Abnormal period of gestation as evidence Revocability 32:31-32
of illegitimacy 35:766 Right of transferee of draft
Admissibility of declarations against bank to proceed dir
of deceased
husband and wife to rebutbuyer presumption
upon bank's refusal to

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LETTERS OF CREDIT -LIBEL AND SLANDER 493
References in heavy-faced type are to LEADING ARTrCLES; in italics to NOTES; and in plain t
CASES. The figure in front of the colon refers in each instance to the volume.

because of noncompliance with condi- Dictation to stenographer as l


tion of letter of credit 40:294 der 43:838
Suretyship element 35:737-738 Disparagement
Types 32:20-28; 37:323-325 15:734; I6:67
What constitutes consideration 36:347 Early history of the law of libel
22:103-104
Rights of the issuing and drawee banks Effigy, libel by 7:492
Accepting draft when goods are defective Failure to pay debt, words cha
38:11I7 actionable 26: 18
Defenses 35:734-735 Honor and reputation
Right to the goods 35:736 28:445-453

Rights of the purchasing bankImputation against of thecrime involving moral tur-


issuing and drawee banks pitude 43 :I8, I12
Laudatory words: nature
Effect of revocation 35:722-724
Fraud of the applicant for credit 35:569, I9:527
573, 579-581, 583 Liability for publishing photograph which
Necessity for consideration 35:563-566created optical illusion concerning plain-
Rights based upon estoppel 35:584-591 tiff 49:840
Rights on the bill of exchange 35:720-722 Liability in Britis
Rights under the letter of credit as a con- 5o:1272
tract 35:717-720 Negligence as a basis for liability for defa-
-letter of credit as a bilateral contract mation 38: 11oo, I 18
35:570 Negligent protest of satisfied
- letter of credit as a unilateral contract Photograph of plaintiff in conn
35:566-570 libelous article I7:359
Rights of the beneficiary Photographs of wrong person pu
connection with sensational article
Basis of the right 37:323-337
Contract theory 37:331-337 20:240
Offer theory 37:327-331 Protection against radio broadcast
Problem of consideration 37:324-333 50:729-731
Publication of Bertillon measurements and
Defenses photographs I7:142, 496
Defense arising out of letter of credit not Radio broadcast as libel or slander
available in action on contract of sale 46:134
37:383 Relation of actions for slander and for
Defenses based on conduct of the seller intentional infliction of emotional dis-
34:533, 56o tress 49:1047-1048, 1055-1064
Defenses based on conduct of the buyer Sending card of rival undertaker to families
34:533, 56o in which there was serious illness 30:292
Defenses based on defects in the goods Shadowing actionable without special dam-
L 38:1117 ages 26:658
LEVY Slander of credi
See Attachment, Execution, Taxation. I5:757
Statement made libelous by facts unknown
LIBEL AND SLANDER to defendant 15:865
Acts and words actionable Trade libels: when enjoined
Publication
15:734; 16:67
Parties Unintentional defamation 23:218, 230,
Defenses: in general 486; 29:533
Privilege: absolute Words actionable per se 7:46; I2:57;
Privilege: qualified 6:148
Malice -announcing engagement of a woman in
Injunction against publication fact already married to a third person
Pleading and proof but not mentioning that fact 40:323
Damages -attributing an account of improbable
Criminal libel personal experiences to a well-known au-
See also Agency, Constitutional Law (Free- thor 26:759
dom of speech), Injunctions. - charging acts not in
Acts and words actionable leging them to be such 29857
-imputing immorality to school teacher
Alternative accusation of two persons 28:713
46: 1033 --publication charging party treason
Charging institution of divorce proceedings 19:625
in state where incompatibility is ground Words imputing unchastity to woman
for divorce 21:448 20:578

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494 LIBEL AND SLANDER
References in heavy-faced type are to LEADING ARTICLES; in i
CASES. The figure in front of the colon refers in each instance to t

Publication -whether absolutely privileged I6:603


Agent of plaintiff, publication to io: -irrelevant
I8 statements not privileged
Alternative accusation of two persons in 23:645
their presence only 46:I033 Libel in will privileged as part of judicial
By officer of corporation to agentproceedings
30:88 48: o27
By one partner to another 27:284 Limits of absolute privileg
Consent to publication: whether bar to ac- legislative and judicial re
tion Io: 81; 14:225 Preamble of ordinance of board of health:
Dictation to stenographer 8:53; I2:355; whether privileged 17:60
I5:230; 35:211; 43:838Publication of official opinion of A
Does an intercepted letter create liability General 26:89
for publication 30:291 Speeches in Congres
Liability of broadcasting station berfor defa-4:285
mation over radio 46:133-138 Statements b
Liability of telegraph company forStatements
trans- made by aldermen 32:577
mission of libelous message 43 :44 Statutory extension 43:127
Libraries: circulation of libel without
knowledge thereof 8:113; 14:304 Privilege: qualified
Negligent publication 14:304 In general 7:312; 13:403
Newspaper: liability of managing editor
Candidate for public office: sta
for libel unknown to him 9:543 fact defamatory 8:63; 15:159
Radio 4I:814 455
Will containing -criticism of judge when cand
defamatory s
I5:483; 27:666, 677 office 11:336
Parties -honest discussion of moral fitness
Liability for damage. to brother caused by 23:413-440
libeling sister 2I:448 - statements charging crime I3:606
Liability of corporation Character of a servant in letter written to
for slander
26:175 servant 35:2II
Liability of radio broadcasting company
Conditional privile
50:730-731 cies 46:1336
Municipal corporation as plaintiff 37:158 Defense of decea
Officer of corporation defamed: suit by tiff's slander 49:839
corporation 14:289 Dictation to stenographer 8
Proposed changes in law of libelto
Dictation and slan-
stenographer and
der 3:86, 331; 16:I48 by cable 20:500
Suit by corporation because Distinction
of defamation between p
of its former officer 2I:60; 22:62 scriber of mutual commercial association
Third person defamed: suit by one suffer-and one conducted for profit 29:786
ing consequential injury I4:289 Failure to use due care: whether privilege
Defenses: in general thereby forfeited 16:71; 35:869
Fair comment: criticism of book and au-
Defendant challenged by plaintiff to repeat
thor 11:53
before third person I4:225
Honest belief in
Insanity as defense to action for slander
8:235
17:479
Libel of business conducted in violation of Incidental defam
40:501
statute 28:637
Information supplied by a commercial
Need of restricting liability of news
agency at subscriber's request 22:62, 455
and broadcasting companies 50:730
Letter to master of lodge on charges
Publication induced by plaintiff to f
36:887
action Io:I8r; 24:242
Liability of telegraph company for trans-
Statutory extension of the scope of defenses
in civil libel 43:126-I31 mission of libelous message 43:144
Moral duty to exhibit to plaintiff's wife
Privilege: absolute and to former employer letter charging
Action against witness and party inducing
plaintiff with immorality 43:966
him to testify falsely 25:475 Newspaper publication of civil pleadings
Intended witness: statements of, to attor- before hearing of trial 41:261
ney and client I9:219 Petitions to a public officer 3I:I032
Judicial proceedings, words used
-petitions forin: abso-
pardon 27:745, 765
lute or qualified privilege Io:134; Public comment- privilege of radio
11:346 broadcasting company as independent of
-- statements made to quasi-judicial officer that of speaker 46:137-I38
41:403 Reasonable belief in truth of statement:
Libel in pleading 47:1440 whether requisite 12:221

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LIBEL AND SLANDER- LICENSES 495
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; a
CASES. The figure in front of the colon refers in each instance to the volume.

Mental
Refusal to retract and conditional privilegesuffering as an elemen
35:867, 885 36:226
Statutory extension 43:128 Mitigation of damages: facts showing
Words spoken in the course of church disci-
plaintiff's reputation undeserved 16:148
pline 29:560 -offer of retraction 8:506
Necessity of showing special dam
Malice
action for libel 40:323
Abuse of privilege 32:733 Retraction and refusal to ret
-intermediate agencies 13:403 Sickness following mental suffe
Effect on printer of malice in authorment of damage 19:539
27:93 Truth of part of article not dec
Malice as rebutting privilege 16:147 25:566
Malice in fair comment 20:152 Unsustained plea of truth as mat
Publication by newspaper of defamatory gravation of damages 43:323
dispatch reasonably believed true Wealth of defendant corporation, mater
46:1032 ality of 7:308
Injunction against publication Criminal libel
Effigy, libel by: when enjoined 7:492
Construction of word " murder" 43:663
Enjoining publications affecting personality
Corporation guilty of criminal libel
29:641-646 20:153
Insolvency as ground for issuing injunction
Legislative changes 43: I30
7:435 Letter to master of lodge in defens
Nature and extent of equitable relief lodge charges privileged 36:887
10:517; 15:734; I6:67 Libel of a class 38:985
State of authorities 29:657-658 Negligent publication: prosecut
Trade libels 7:435; 15:734; 16:67 paper publisher 8:360
Whether infringement of freedom of press
Prosecutions under Fox's Libel Act
29:648-655 32:948, 950-952
Whether precluded by policy of trial by
Whether published where mailed or where
jury 29:655-657
received 23:309
Pleading and proof
LIBERTY
Application to plaintiff: plaintiff
See Constitutional Law. describ
but not named 27:389
- defamation intended to LICENSES
apply to an-
other but reasonably applicable to plain-
Creation
tiff 38:oo00, IIi8 Licensor's liability
-initials used to indicate name 7:243
Licensee's right
-name used by mistake 7:187; Licensee's liability
14:198-199 Revocation
Collateral evidence that plaintiff's reputa-
See also Agency, Dangerous Premises, In-
tion is undeserved 16: 48 toxicating Liquors, Municipal Corpora-
Defamation in course of judicial proceed-
tions, Patents, Statute of Frauds, Taxa-
ings: time of accrual of action tion.
I: 134
Malice: how proved I6:I47
Creation
Plea of truth as aggravation of damages
29:335 Display advertisement: contracts for, as
-degree of exactness of proof required creating license 19:526
I6:148 Employer's license in patents obtai
Repetition of slander after action begun: employee 36:468
admissibility to show malice I6:147 Intention of contractin
Damages license or easement 36:1037
Aggravation of damages by plea of justifi- License to cut timber 2o:239
Nature of right to use streets for motor bus
cation 29:335
Evidence: whether transportation
plaintiff may 37:777 give
Operation and effect
dence of good character of license 13
in aggravat
of damages 29:460 Termination of bailment: whether i
-whether plaintiff may license
give to enter and take
evidence ofIO:I92
Theatre tickets: whether right given is mere
mental suffering of member of family to
enhance damages 36:226 license I4:455; 19:307
Liability for damages caused byLicensor's
privileged liability
repetition 27:389 Dangerous premises: licensor's lia
Liability for unauthorized repetition
licensee 6:323; 7:378; 8: 20,
30:87 25:667

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496 LICENSES - LIENS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; a


CASES. The figure in front of the colon refers in each instance to the volume.

Duty on railroad company of prevision Bill of lading to buyer: seller's lien by r


20:153 tention 19:388
Licensee's right Boardinghouse keep
License to cut timber: licensee's rights belonging to boarder 16:528
against licensor's grantee 10:385 Carrier's lien: for money advanced for
License to fish: licensee's right against tres- toms duties I7:495
passer 36:226 -right to hold damaged
-licensee's payment
right for of freight
taking25:287 by
domain barred Garage-keeper's
by Statute right to lienof for main
L
36:226 nance of motor car 27:765
- nature of right -against owner
as of lost automobile
personal pr
36:226 by unauthorized third person 42
License to obstruct easement I3:54; Government property subjected to l
15:321; 16:226 I7:348
License to use patent 36:468 Innkeeper's lien 9: 26
Licensee's rights against trespasser 13:Judgment
151; liens: revival on
36:226 homestead 29:225
Licensee's liability Lien distinguished from
rity title by seller 12:65
License for underground pipe line: liability
Lien on goods for charges incurred
of subsequent licensee for nonnegligent
interference with support 22:612 other than the true owner 23:63
Liens on realty and personalty under Span-
Revocation
ish civil code 31:1098
New York Statute construed to allow
Action by licensee in reliance on license
keepers of inns and boarding-houses liens
I3:54, 62; 15:321; I6:226; 22:384; on property not belonging to guests
26:376 21:147
Contract of sale by licensor 14:73 Statutory liens: agisters 16:224
Liability of theatre owner for unwarranted
- stable keepers 7:241
ejection of patron 42:834 Subcontractor's lien: constitut
License issued to sell liquor during national 10:380
prohibition set aside by suit ofTaxprivate
liens: effect of, on land he
citizen 33:478 for statutory period 32:844, 854
Of gratuitous license to use licensor's n
as trade name 46:1182-1183 Equitable
Parol license to upper riparian owner to
Assignment of future earnings creating lien
divert water I9:293 potentially existing 2I:275, 285
Whether giving cause of action when
Assignment license
of interest in pending lawsuit
paid for II:271; 14:455 as security for antecedent debt 47:1434
Whether possible if licensee reimbursed for
By payment of premium on policy by bene-
expenditures I6:226 ficiary 17:203; 29:228
Whether possible on destruction of
Conditional licen- against pl
covenant
see's erections I6:226
debenture 49:624-627
LIENS
Created by agreement to pledge
panied by delivery 35:318
Legal Effect in equity of a conditional con
Equitable to mortgage 33:456,476
Assignment Existence of lien: whether nega
Loss of lien
express contract for price 2:61
Lienholder's rights For purchase price of personalty 19:472
Priorities
Lien for alimony on lands conveyed in
See also Attorneys, Bankruptcy (Liens), fraud of dower 20:149
Brokers, Carriers, Chattel Mortgages,On after-acquired property 13:598;
Contracts, Execution, Innkeepers, Judg- 14:468; I9:557-585
ments, Landlord and Tenant, Maritime Proceeds of void note and mortgage used
Liens, Mechanics' Liens, Mortgages, to improve land 49:842
Pledges, Recording and Registry Laws, Promise to pay out of a fund 4
Sales, Suretyship, Taxation, Vendor and Provision in bond that holder shall sh
Purchaser, Warehousemen. any future mortgage placed on ex
property 33:456, 476
Legal Right of vendee not in posse
Agisters: reasons for denial of lien at com- sonalty to lien after resci
mon law 2:62 Unlawful deposit received by
Banker's lien: in general 9: 146 equitable lien 20:503
- requirement of notice I8:310 Unpaid vendor of land 33:485

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LIENS -LIMITATION OF ACTIONS 497
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTE
CASES. The figure in front of the colon refers in each instance to the volume.

Assignment LIFE INSURANCE


Rights of assignee I5:70 See Insurance.
- of equitable lien 33:485
Whether destroying lienI5:70 LIGHT AND AIR
See Easements, Eminent Domain.
Loss of lien
Assignment 15:70 LIMITATION OF ACTIONS
Attachment at suit of lienholder 12:571 In general
-at suit of third person I2:571 Construction of statute
-retention of possession after dissolutionParticular actions
of attachment 35:475 Accrual of action
Government barred by laches from assert-
Disabilities
ing maritime lien when rights Ignorance, of thirdand fraud
mistake
persons intervene 4I:248 New promise and part payment
Pledgee redelivering to pledgor Waiveras agent
9:159; 12:134 Operation and effect
Removal of fixtures 25:567 Pleading
Sale or repledge by pledgee 9:289, 540 See also Adverse Possession, Conspiracy,
Suit by factor as owner 13:225 Criminal Law, Executors and Adminis-
Surrender of possession to subsequent trators, Prescription, Sovereign, Taxa-
mortgagee i6:224 tion.

Lienholder's rights
In general
Attorney's lien on document enforced ou
American statutes 32:139-147
of fund realized thereby 30:191 Effect of reduction of statutory peri
Compelling discharged attorney to give up
ing prescription period 50:527
papers temporarily 35:885
English statutes 32:135-139
To bring action of waste at law 19:389
Equity: application of analogy of S
To insurance money paid man who had
of Limitations against constructiv
loaned owner money with property as
tees I9:536
security 22:539
Express agree
Priorities tion of action 12:432
Application of after-acquired propertyLegislation tolling the statu
clause to property acquired subject to debtor's absence 46:706-710
valid lien 48:475 Lex loci, or lex fori, as governing caus
action
Denial to first in time of 8:426; I4:I54;
special 34:784;
assessment
liens 48:IO28 47:318-319
Power "Married Women's Actsof
of a possessor " and the
astatute
chatt
a lien superior to existing 9:487; 13:692inte
40:762-766 Removal of defense already acquired
- admiralty rule 40:762 39:I32
State limitation
- common law doctrine of implied consent and federal statutes
and necessity 40:763-764 10:450
-statutory treatment 40:764-766 -state limitation and Federal Employers'
Priority of conditional vendor's lien overLiability Act 29:451
Vested right in the defense o
common law lien for repairs on automo-
bile. 33:868 Limitations 6: I29
Priority of purchase Whether statute mort
money affects
remedy
to vendor or third 14:154 ove
person
rights and judgment liens 48
Recorded mortgage Construction of statute
antedating l
7:24I; 19:617 Agent or sovereign as affected by statute
Unrecorded chattel mortgage antedating 7:51; IO:314; 11:555; 15:146
landlord's lien recorded before rent in Application to action by client to recover
arrears 49:144 money collected by an attorney 40:493
Validity as against Inclusion and exclusion of first and last
creditors of a
mortgage by its days in computation subject
terms of time 32:861 to
recorded one 20:331 Municipal corporations as affected by stat-
Wage-earners' claims under the ute II:555; I5:r46, 846; I7:273;
Bankruptcy
Act 20:I44 2I:292; 24:242
Railroad's property exempt I5:146
LIFE ESTATES
Running of statute in favor of foreign cor-
See Disseisin (Disseisin by election), Es-
poration I7:360
tates (For life), Insurance (Insurable
School districts barred
interest), Trusts. Whether statute touchin

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498 LIMITATION OF ACTIONS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

or one touching oral contractsAction


governsfor prospective injuries to lan
implied warranty 30:295 caused by privileged conduct of defen
Written offer orally accepted ants 37:584-589
is written
contract within statute 20:420 - which defendant can
37:574-577, 5
Particular actions Against drawer of check 33:107, 278
Account for property held by deceased Agent's liability on implied warranty of
authority 43:324
partner on constructive trust for the firm
41:54I Agreement to repurch
Actions for completed and prospectiveAlternative
in- actions for c
jury to land 37:574-601 injuries to land 37:577-580, 598-601
Actions to quiet title as tolling Assumption
Statute ofofmortgage debt 12:217
Limitations 40: 127 Breach of contract: at time of mailing or
Amendment of tax refund claims after run- receipt of letter I6:64
ning of statute 47:282 Breach of contract to make beq
Application to action by client sideration
to recover of services during
money collected by an attorney Breach 40:493
of warranty: at time of
Application to reversioner of statute bar- 29:336
ring action for property sold Certificate of deposit 1:253; 14:468
by admin-
istrator 21:543 City warrants I8:230
Construction of stockholder's Commencement of liabili statutor
ute 30:767 Workmen's Compensatio
Continuous trespass to realty 34:337 Consequential damage, liabi
Desirability of longer period of limitation negligence being barred
under federal income tax 46:952-953 Constructive trusts 36:325
Effect of appeal on running of Statute -notice
of by attorney to client Io:309
Limitations on action based on prior -repudiation of trust 11:346
action 33:985 Contribution between co-trustees I
Effect of delay on Conveyance
pledgor's before marriage
right in fraud
to
29:222 dower 21:632
Effect of Statute of Limitations for mort- Covenant of warranty I5:495
gages under proposed Uniform MortgageCovenants against incumbrance 11:55
Act 38:653 I5:150
Executor's Death by wrongful
claim act: time of accrual ofe
against
by statute as to estates I5:86i action under clauses of limitation
Executor's right to set-off barred debt 19:458
against legatees or heirs 22:143, 452 Death of obligee prior to maturity of obli-
Executor's right to set up his personal debt gation, subsequent appointment of ad-
to the estate 26:269 ministrator 45:387
Judgment barred in foreign Demand notestate 7:50; 9:283; 16:448
where
rendered 19:137 Depositor's action for amount withdrawn
Note accompanied by sealed
by check bearing warrant
forged indorsement of
attorney to confess judgment 49:993 46:720
Right against drawer of check barred by District warrants I8:544
failure to present check for ten years Effect of an arbitration agreeme
33:0o7 Statute of Limitations 40: 139-1143
Statute as applying to suit to remove cloud Express trusts 36:325
on title 15:588 -when action begins to run in favor of
Statutory liability: trustee
what 7:439;
law36:325 governs
8:426; 14:154; I8:220 Failure of surface support:
Statutory right for deficiency on mortgage begins before actual damage i5:574
bond confined to suit within state Hostility as a necessary element 36:325
20:326 Inducing anticipatory repudiation of a con-
Accrual of action tract 44:306
Libel and slander IO:I34
Abstractors of titles: action accrues when
wrong is done 10:455 Money paid under mistake of
out demand
Action accruing on day after for repayment i:219;
the injury
21:148 2:389
Action by client to recover money col- Notice in insurance policy: time when con-
lected by attorney 40:493 dition is to be performed 24:676
Action by owner of future interest Nuisance: whether statute begins to run
in per-
sonalty for conversion by holder before
of actual
life damage 4:293; 9:435;
interest 21:542 12:284; 13:142
Action for interest Prescriptive
accrued, rights 9:435;
after12:284; actio
principal debt barred 12:284 i3:142

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LIMITATION OF ACTIONS 499
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Public officer's negligence: action accruesNew promise and part payment


at end of term of office 9:362 Account stated by retention as a new prom-
Resulting trusts 36:325 ise 34:560
Suit against bank directors based on im- of debt I6:5I7
Acknowledgment
proper loans brought before liquidation
Assumption of mortgage barred by statute
of security 49:827 effect I7:497
Tenant at will: subsequent grant by owner
Delivery of check
to third party 14:374 riod before acti
Under Federal Employers' Liability statutory Act period 22:63
43:II55 Effect of payment by life tenant: as
against remainderman 19:57
Usury: recovery of penalty for, under fed-
eral statute 25:672 - devisees of other lands 19:57
When cause of action arises in when
Effect of, quantum
made by one of several
meruit for services performed joint obligors
under 19:57;
oral 20:332
contract to convey land 39:66i Effect on barred judgment 20:421
Where and when cause of action arises on
Effect when made to one of several joint
notes when maker leaves the state in obligees 38:986
which they were executed before notes Indorsement of part
mature 22:62 37:920
New promise after statute has run creat-
Disabilities ing new cause of action 14:229; 16:517
Co-tenant under disability 21:371 Part payment 10:528; 15:322, 414
-as waiver of statute
Coverture clause: statutory removal of dis-
ability 17: 6 I0:528; I5:322, 414
- by administrator
Effect of disability caused 15:414 by
for which the-byaction
one joint and is
several obligor a
broug
ministrator
Effect of war on of other as acknowledgm
operation of
28:673-682 of personal liability 43:325
Legal disability: whether proof in bank-Payment to stranger 6:46
ruptcy stops running of statute 28:21oPayment under contract made on Su
Operation against person under disability I4:386
25:567 Payments by surety of claim assign
security 27:593
Promise to pay debt ba
Ignorance, mistake and fraud vives mortgage securi
Absence of defendant from state preventing 26:89
running of statute 17:360 Waiver
Death after seven years, presumption of,
Adverse possessor cannot restore title by
effect on running of statute 45:192
waiving benefit of statute i:321
Discovery of fraud: presumption of knowl-
By administrator as to mother's claim
edge of document from reading
29:226 against estate 48:337
Discovery of wrong after statutory Debtor's
period power to waive statute
10:455 ment of creditors 10:528
Effect of defendant's oral requests
Estoppel of county to set up statute be-
cause of agent's misrepresentation as to time on action to enforce landlord's l
date on which taxes became delinquent 46:856
40:647
Executor's power to waive statute
Failure to discover breach of warranty as 11:129; 15:414
preventing running of statute 29:336-interested executor's power to waive
Fraud and mistake as bar to statute in 22:452
equity 9:431 Including debt in bankrupt's schedule
Fraud on part of defendant as bar to
16:227
statute 12:220 Incontestability clause in insurance policy
so operates
Fraudulent concealment of24:53,cause 64 of a
Oral contract to waive, bar un
18:623; 43:471-477
Ignorance of cause requiring
of suit written as bar waiver to st
in equity 9: 47 II:477
Limitation of actionsValidity of indefinite
to recover moneywaiver made at
ception
paid under mistake of contract 45:592
41:1051-1055
Words
Right of action on notes necessary
when maker 26:I82
has
left state where notes were executed
before notes mature 22:62 Operation and effect
Unknown trespass by underground mining
Action for specific performan
9:147 clear title in promisor 8:432

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500 LIMITATION OF ACTIONS -LITERARY PROPERTY
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to R
CASES. The figure in front of the colon refers in each instance to the volume.

Action to quiet title as tolling Statute Trustee's


of laches as bar to cestui's
Limitations 40: 27 I2:I32
As a conveyance 32:140-141 Under Torrens Acts 32:143
As bar to tenant in common 37: I6o
Bankrupt's right to sue after assignee is
Pleading
barred I0:58 Amendment from common law action to
Barred claim as a basis for relief statutory action after statute has run
37:775 30:294
Conspiracy: does not bar evidence of prior Amendment of declaration naming proper
existence of continuing crime 37: 1124 parties after statute has run II:345;
Contribution from co-obligor on note un- I5:587; 23:570
der seal 25:293 Debt barred by statute as set-off to claim
Effect of delay by substituted
against estate 2:337 trus
sue for breach of trust held to bar cestui Does an amended pleading state a new
que trust 33:738 cause of action which would be barred
Effect on further limitation by the statute by33:242-243
contract
39:77I Statute availed of by demurrer: in equ
Equitable right of subrogation cut off by 14:623
limitation of right of reimbursement -at law I2:355
37:260
Foreclosure of mortgage: period of limita- LIQUIDATED DAMAGES
tion on specialty 8:178 See Damages.
Fraudulent conveyance: ejectment after
LIS PENDENS
creditor's equitable right barred
I6:375 Application of doctrine in quo war
Limitation made by statute creating proceedings lia-
after dismissal of pe
bility: lex loci or lex fori 8:426; but before final opinion 50:I40
I4:I54; 27:84 Application to personalty 16:225;
One of several parties entitled to joint ac- 47:1023-1030
tion barred 10:314 -scope of rule 47:I024-1026
Application
Passing of title by statute: to vendor's
tacking oflien securin
suc-
cessive possessions 3:318-326; 9:279;
gotiable note 34:90
13:52; I4:72 Basis of rule 20:488, 500
Dormant application for prob
Perpetual injunction in favor of one whose
laches of devisee 50:367
title by adverse possession has not been
legally determined 21:220 Effect of decree in lower cour
Power of legislature to remove bar proceedings
after on appeal 39:5I
period has run 35:194 Effect of final decree or judgment on p
Power of mortgagor to toll statute as son who acquires an interest in neg
against junior interests 49:639-644 tiable paper involved in litigation
Qualifications of title by adverse possession 22:455
32:144-147 Operation in the case of a cross bill seek-
Railway tickets 18:396 ing affirmative relief 20:488, 500
Ratification after statute has run of an
Sale during suit but prior to amendment of
action brought by an unauthorized per- bill 9:36I
son 4I:792
Receivership LITERARY PROPERTY as tollin
tions 42:586 See also Copyrights, Trade Marks and
Reviving of mortgage Trade Names. by gran
reviving debt 26:89 Advertising 45:542-548
Right to extradition 18:228 Alteration of title by grantee
Right to set-off against legatees orpicture heirs rights of a story 37:776
37:386 "Common law copyright ": nature of the
Statute of Limitations in mortgage law: right 4:198-212; I2:553-556
lien and title theories Effect of statute on common law literary
8:178; I0:I33; I6:445 property 39:649
Surety's claim against principal barred Infringement of commo
I3:309 sical composition by t
graph 35:6o0
Suretyship: bar against principal as bar
against surety 11:271; 15:497 Nature 41:968
Tacking of rights by successive adverseNature of comm
holders or disseisees 3:323-326; lished manuscripts 35:600, 622
32:147-159 Piracy of unpublished play 8:286
Radio 4I:814
Tax liens on land held adversely for statu-
tory period 32:844, 854 Rights in liter

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LITERARY PROPERTY - MALPRACTICE 501
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

Rights of author when his name MAINTENANCE


and the
title of a story which he has sold See Champerty
to a and Maintenance, Crimi
motion-picture producer are usedLaw. in con-
nection with a different story not of his
authorship 37:776 MALICE
Trover for the use of an architect's ideas See Abuse of Process, Labor Law, Libel
40:IOI7 and Slander, Malicious Prosecution,
What constitutes publication I2:51, 436;
Torts, Unfair Competition.
16:226; I7:266
MALICIOUS PROSECUTION
LOBBYING See also Abuse of Process, District and
See Legislation. Prosecuting Attorneys.
LOCAL SELF-GOVERNMENT
Basis and requisites of action
See Constitutional Law, MunicipalAbuse
Corpo-of process distinguished 40:502
rations.
Civil suit prosecuted: suit without arrest or
LORD CAIRNS' ACT
attachment 9:538; I2:358; 16:71;
32:85
See Damages, Equity, Jury. -wrongful institution of patent inter-
LORD CAMPBELL'S ACT ference proceedings 22:230
See Death by Wrongful Act. Lack of jurisdiction of court in which
malicious prosecution is instituted
LOST INSTRUMENTS I9:539
Malicious excessive attachment 40:502
See Bills and Notes, Contracts (Contracts
under seal), Evidence. Malicious procuring of injunction
24:325
LOTTERIES Parties: suit against corporation 13:59
See also Constitutional Law, Interstate Prosecution of civil action - developments
Commerce. 50:1240-1241
Advertising contests 45:1196-1219
Chance, importance of 45:1210-1219 Favorable termination of prior action
Consideration, importance of Compromise of prosecution as bar to
45:1205-1210 action 38:695
Construction of statutes against lotteries
Discharge by may
9:I55 Necessity for 27:593; 40:502
Contests and the lottery laws Plea of guilty fraudulently induced b
45:1196-1219 present defendant 8:222
Element of chance when calculation would Termination before verdict in criminal
be possible if competitor knew the neces- action 14:223
sary facts 21: 148 Termination by n
Elements necessary to constitute the crime
Probable cause
21:148
Enjoining violation of an anti-lottery
Continuing stat-
prosecution after knowledge of
innocence
ute as being an unfair method of compe- 20:500
tition 42:693-96 Conviction subsequently r
Guessing contests 45:1211 dence of probable cause 22:307
Court
Loss of lottery tickets and remedy or jury: which determines the issue
therefor
i:31-32 I3:60; I4:234
Lottery tickets as formal contract Effect of bona fide mistake of law 21:I46
: 17, 23-32 Failure to discontinue upon discovery of
Nature and use of lottery bonds 9:386-405
lack of probable cause 48:855
Nature 45:1196-1202 Former acquittal as evidence 16:529;
Prize, importance of 45:1202-1205 25:568
Skill, effect of 45:1210-1219 Hearsay: admissibility to show probable
Withholding mail from one running lottery
cause 14:230
II :265 Preliminary injunction as evidence of
LYNCHING265 probable cause 17:61; 18:544
Proposed federal remedy for lynching
I5:707-713 Privilege
Liability of special prosecutor who secured
Sheriff's liability on bond to family of per-
son lynched 12:215 appointment for the purpose of insti-
MAIL
tuting proceedings against plaintiff
40:324
See Carriers, Constitutional Law, Con-
MALPRACTICE 4324
tracts, Lotteries, Post-office. See Physicians and Surgeons.

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502 MANDAMUS
References in heavy-faced type are to LEADIN
CASES. The figure in front of the colon refers in

MANDAMUS property on relation of


In general 48:341
Persons subject to mandamus Compelling city officials
Acts subject to mandamus unconstitutional ordinan
Parties vote 28:523
Proceedings Compelling Se
See also Constitutional Law, Federal don 38:118
Courts. Contrary ad
ting claim t
In general
biguous 46:io10
Compared with quo warranto as remedy
Correction of error
for improper removal from public office
by appeal is inadequate 35:344
when office is still vacant 38:693
Division of county into equally populate
Mandamus in the Supreme Court since
districts 37:777
I925 46:91-124 Election of officer at
Persons subject to mandamus occupied 24:313, 326
Bishop: whether he Enforcement
may of statute
bethecompelled
constitution-
perform duty by mandamus 8:429 ality of which defendant questions
Committee of political party entrusted 21:438, 444
with ministerial duties 21:215 Examination and certification of charter
County commissioners 37:502 by attorney-general 7:377
Director of corporation refusing to Granting
stock- of degree to student 5:205;
holder access to corporate books and 9:536
records 23:641 Injunction improperly denied may be ob-
Duly elected officer tained by mandamus 34:56Ito se
declining
Inspection of municipal books by taxp
7:186
Executive departments of federal I7:I37 go
ment 33:462, 478 Levying tax to pay judgment against
Executive departments of state govern- county 32:436
ments 34:86 Levying tax to pay
Executive officers and members of the a county 37:502
legislature 23:633, 645 Mandamus to compe
railway 37:368, 392
General assembly of state 40: I37
Governor of state I2:208 Mandamus to compel schoo
Judge making error of diploma 29:342
law for which
Payment of salary to
remedy by appeal is inadequate
35:344 26:555
Liability of de jure officers before de factoPerformance of dut
officers have been ousted 12:282 phone company in a
Mandamus of directors of foreign cor- 21:448
poration by fellow director, to produce Reception and filing
books 26:451 der a state corporation statute 34:86
Officer whose statutory Refunding state bond validduty
by law mer- ha
pudiated by the state 39:397 chant, but not intended to be so by
Officers of a state 20:245 legislature 21:282, 294
Officers of state ordered to disregard Refusal aof land office to gran
void
law 30:184 land 33:462, 478
Public service companies 20:242; Sentence of criminals 30:369, 396
37:368, 392 State's attorney compelled to bring quo
Review of action of officers of club in sus- warranto 21:371
pending member Io:248, 311 Street railway enjo
Scope of mandamus against defaulting service although
municipal corporation 50:947-949 21:542
State: in an action to compel payment of Surrender of photographs of acquitted
state debt 3I:228-245 person 17:496
Visitatorial jurisdiction Temporary
overpossession of public office
corporations
49:375 pending result of contest 30:767
Acts subject to mandamus Transfer of cause from law to equity
In general 33:462 docket 18:397
Appointment by executive Where contract officer to cre
fil
vacancy: appointment of lieutenant- repudiated 39:397
governor by governor 16:68
Assessment on corporations by board of Parties
equalization 15:493 All members of recusant municipal board
Collection of taxes upon proper defendants
illegally exempted7:240

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MANDAMUS - MARITIME LIENS 503
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and i
CASES. The figure in front of the colon refers in each instance to the volume.

Public officer's right to question Claims


consti- giving rise to lien
tutionality of a statute in mandamus Advances to discharge liens 37:23-25
proceedings 42:1071-1074 Claims embraced in Act of June 23, 1910
Right of private citizen to inspect poll 24:195-201
books: necessity of pecuniary Collision in foreign port where no lien
interest
17:576 given by local law 32:574
Right of recipient of pardon Defeat of lien under Act of I9I0 b
to compel
Secretary of State to seal it 38:118 limitation of authority of one
Rights of private citizen to compel issu- supplies 37:43-47
ance of warrant for arrest 25:667 Duty of supplyman to
Sufficiency of interest of newspaper pub- thority of one orderi
lisher to enforce right to inspect public Insurance under Act of
records 42:133 Marine Act, 1920 37:22-23
Materialman's lien 26:356
Proceedings Payment of excessive freight by
Lack of " clean hands" as a basis for
47:519
denying the writ 37:273 Persons whose orders may create lien under
Legislative regulation of mandamus in1910
Act of in-and Merchant Marine Act,
ferior federal courts 37:1083 1920 37:31-43
Premature commencement 25:475 Right of a time cha
Traverse of return to alternative writ
vances 42:134
31:310 Ship Mortgage Act of 1920 38:1061
Writ of error to judgment awarding man-
Stevedoring under Act of I910 and Mer-
damus not a stay of proceedings chant Marine Act, 1920 37:20-22
37:502 Supplies furnished: basis of rule against
MANDATORY INJUNCTION implying lien for necessaries furnished
See Injunctions. at home port 21:332-337
MANSLAUGHTER -basis of rule that only master
See also Criminal Law, Homicide, implied
Negli- lien for necessaries 21:33
gence.
- delivered at wharf for use on vessels of
Accessory before the fact 40:321 buyer, but no particular vessel 32:572
-dependency of lien for necessaries upon
MARGINS benefit they conferred or contract under
See Bankruptcy, Brokers (Margin stocks).
which they are furnished 21:345-349
-federal construction of state statute
MARINE INSURANCE
See Insurance. 7:119
--lien for necessaries furnished at request
MARITIME LAW of charterer 21:344-345
See Admiralty. --lien for necessaries furnishe
MARITIME LIENS port at request of owner or h
21:337-339
Nature and scope --lien for necessaries furnished in home
Claims giving rise to liens
Time of accrual of liens port at request of owner or his agent
21:339-344
Enforcement of liens
Loss of liens - need of reforming law allowing liens for
necessaries furnished vessel 21:332-352
See also Admiralty, Seamen, Shipping.
- overgrowth of privilege of claiming lien
Nature and scope unchecked 37:534
Airplane fallen in navigable waters Towage under Act of 1910
28:200, 203 Marine Act, 1920 37:18-20
Wages: of master 42:442
Authority of Congress to legislate with re-
gard to maritime liens 21:351-352 -of seamen and master 15:314
Effect of Act of 1910 and Merchant Marine
Time of accrual of liens
Act, 1920, upon preexisting law
Passenger's lien for safe carriage 11:471
37:15-17, 48
Shipper's lien for safe carriage and delivery
History of maritime liens 24:182-186
Nature of interest acquired by lienholder of goods I1:471
Whether lien arises whe
35:330, 337
contracted for or when
- in vessel itself 23:60 nished 21:347-349
Right of master to lien on freight for
wages 42:442 Enforcement of liens
State statute giving
Construction lien: how
of Act of June 23, 1910 con
federal courts 7:119 24:187-195; 32:572
-"furnishing
Theoretical basis of lien: service to or .by
. . to a vessel"
vessel itself II:47I 37:26-31

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504 MARITIME LIENS- MARRIAGE
References in heavy-faced type are to LEADING ARTICLES; in italics to
CASES. The figure in front of the colon refers in each instance to the volum

Extent of lien acquired against Validity shipper's


goods under charter made Age: with requirements
initialof various laws
carrier 46:1341 30:124-133
Federal Maritime Lien Act "not to af- Ceremony by unordained minister
fect existing rules of laches ": clause con- 39:782
strued 37:761-762 Common law marriage 20:576; 21:633;
Law governing lien for necessaries 27:378, obtained
390; 50:979
in foreign port 37:1134 -mistake as to existence of prior mar-
riage between the parties 34:56I
Materialman's lien: what law governs
26:356, 377Consent: requirements of various laws
Order of priority of liens arising from suc- 30:134-140
cessive torts 23:60 Divorce secured from prior husband after
Priority of mortgagee's re-marriage claim over lien 19:47iof
materialman for goods supplied on Domestic marriage after
mortgagor's credit 23:144 ing re-marriage 9:548
State-created liens: whether enforceable Foreign marriage after divorc
exclusively by federal courts re-marriage II:546; 16:I40;
7:49, II9, 373; 9:482; 11:266; 13:303; 26:536, 548; 32:574; 37:913; 41:397
22:415-417 -refusal of dower rights 48:123
Whether governed by law of forum or law -refusal to dissolve status 42:701
of place of creation 22:536; 37:23-25 Indian marriage 25:374, 384
Legitimacy and marriage historically
Loss of liens sidered i6:22-42
Effect of mortgagee's seizing vessel on Marriage
ma- and the domicil 44:501-529
terialman's lien in regard to freight Marriage by mail 32:848, 862;
money subsequently earned 23:144 33:13-14
Forfeiture of vessel: effect upon existingMarriage by proxy 32:473-488
liens i 1:338 - Belgian, French and Italian war legis-
Government barred lation by 32:479 laches
ing lien when - Code Napoleon 32:477-478
rights of third
tervene 41:248 - English law 32:478-480
Rule of laches under Federal Maritime -German and Australian law 32:483
Lien Act for domestic vessels within the -Roman and common law 32:473-477
state 37:76I Marriage on high seas 12:273
Waiver of lien under Act of I9IO Non-age, necessity for a decree of nul
37:47-48 40:654
MARKETABLE TITLE Presumption of consent after removal
See Mortgages, Specific Performance impediment
(De- to validity 39:901
fenses), Vendor and Purchaser.Presumption of divorce from former
spouse 30:5oo, 523
MARKETING AGREEMENTS Presumption of validity 34:790
See Specific Performance (Affirmative - conflict with other presumptions
contracts). 46:1143-1145
Recognition by law of forum in absence
MARRIAGE of positive law where created 38:819
In general Requisites of valid marriage 30:124-140
Validity Validity of foreign marriage terminable at
Nullification will of parties 43:827
See also Breach of Marriage Promise, Con-Void marriage made valid by
flict of Laws, Constitutional Law, Cur- impediment 24:157
tesy, Divorce, Domicil, Dower, Evidence,What law determines 32:812-814;
History of Law (Domestic relations), 38:1076-IO79
Husband and Wife, Legacies and De- - recent developments 50:1190-1192
vises, Legitimacy, Slaves, Statute of - capacity 38:o08I-o182
Frauds, War, Wills.
Nullification
In general Alimony: granted on same basis as in di-
Eugenic marriage laws: constitutionality vorce 22:307
of Wisconsin statute 28:112 -pendente lite 19:385
Influence of ideal of universal law upon Allowance to wife 25:391
law of marriage 47:6 Attacking invalid foreign marr
Nature of marriage contract 46:570 declaratory judgment 43:477-482
Necessity of declaration of status 47:1059Avoidance for fraud and insanity of other
Proposed uniform marriage act party-insane person's ability to have
24:548-562 an intent to defraud 4I:io65

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MARRIAGE- MASTER AND SERVANT 505
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

Concealment of tubercular condition as Marshalling in favor of one who occupies


ground for annulment 43:I3II a dual capacity of debtor and creditor
Consequences of annulment of a voidable 39:257, 273
marriage 43: o09-113 Right of mortgagor of homestead to mar-
Distinguished from divorce 26:253, 265 shal 46:Io35
Effect of annulment for fraud-invali- Rights of holder
dating conveyance made in consideration gage: effect of
of promise to marry 42:832 curity by hold
Effect of civil death statutes 50:974-977 mortgage 27:767
Equitable bars to declaration of marital
status 41:IO59-o062 MARTIAL LAW
Examination of defendant See War. for physical dis-
ability 11:478
-power of court to compel 43:13II MASTER AND SERVANT
In general
Fraud of plaintiff as a bar to having equity
set aside the marriage Io: 88, 241 Duty of master to provide safe appli-
Fraud or misrepresentation as ground forances
decree of nullity 13:113-123 Fellow-servant and vice-princip
Fraud where marriage is unconsummated trines
34:218 Assumption of risk
Fraudulent intent not to have religious See also Admiralty, Agency, Bailments,
ceremony performed as ground for an- Constitutional Law, Contracts, Employ-
nulment 39:778 ers' Liability Acts, Labor Law, Larceny,
Fraudulent misrepresentation Possession, Trade Unions, ofTrial,financia
Work-
status as ground for men'sannulment
Compensation Acts.
46: I034
Fraudulent promises as ground for annul- In general
ment 38:833 Common-law and legislative background
Jurisdiction for nullification I3:604; of employer's liability and workmen's
26:253, 265; 32:806-824; 33:12; 37:I50; compensation acts 47:389-394
38:1079 Present status of state laws covering in
-of domicil at time decree is sought to juries to workmen 47:412413
annul for defect in form a marriage
which took place in another state, theDuty of master to provide safe applianc
parties at the time being domiciled in a Nature and scope of the duty
third state 41:253 I6:593, 595; 20:27-30
-of place of ceremony 44:1295 Assault by fellow servant known to be
Misrepresentation as to prior chastity vicious 30:768
24:157 Contracts limiting liability I8:316
Nullification of marriage and grounds Contract that employee look only to in-
therefor 13:110-123 surance fund 26:459
Pregnancy of woman at marriage as Domestic servant: right to reco
ground for nullification 11:270 in bedroom I7:496
-where husband himself also had illicit Emergency duty to summon
premarital relations with wife 42:Io8I ance to injured employe
Right of child to attack collusive decree Knowledge of defect 20:102
annulling marriage of parents 43:II6I Nature of master's defense: consent or
Right to discontinue action for annulment contributory negligence 8:459471;
30:292 14:75, 548
Right to nullify as a defense to action for
Negligence of foreman licensed under
divorce 29:455 statute, in allowing coal to fall from
mine roof 20:230; 21:284
MARRIAGE SETTLEMENTS Non-performance of duty causing inj
See Husband and Wife. duty imposed on fellow-servant 7:
-duty imposed on servant injured
MARSHALLING ASSETS 8:174; II:I96
See also Assignments for Creditors, Premises
Bank- leased before injury but without
ruptcy, Legacies and Devises. servant's knowledge 27:594
The equity of marshalling: general dis- to repair by master: effect of con-
Promise
cussion i8:453, 470 tinued use of appliances 5:37; 11:413;
Interest of general creditors as preventing20:91-93
operation of the doctrine 43:501 Remedial actions for injuries caused by
Marshalling in favor of maker of nego- violation of Safety Appliance Act
tiable note to allow equitable set-off 49:456-46r
against payee 39:256, 273; 48:686 Requirement of mens rea for criminal con-

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506 MASTER AND SERVANT -MAXIMS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type
CASES. The figure in front of the colon refers in each instance to the volume.

viction under the Safety Appliance Act Infant: whether infant is presumed to as-
2I:294 sume risk I7:562, 576
Servant injured outside scope of his Injury
em- while off duty due to
ployment 7:373; I4:549 ants' negligence 17:423
Waiver of performance of Knowledge master's statu- of defects: whether
tory duty: by continuous service with non-assumption
6:451 14:548
-by contract 5:94; 8:291 -whether essential to assumption
When premises do not belong to employer 11:418; 14:548
20:113-114 Paupers compelled to labor 19:540
Work performed for master with appli-Promise by master to effect such a change
ances of third person 8:174; 12:137 in the method of work as to make the
employee's services unnecessary
Fellow-servant and vice-principal doctrines 28:817
Absolute duties of master: non-perform-
Relation to res ipsa loquitur applied be-
ance by fellow-servant 8:174; II:196; tween master and servant 36:759
I6:593, 595
Basis of doctrine 20:30-34
MAXIMS
Character of a foreman licensed under a
Nature
statute 20:230; 21:284
Sources
Development of doctrine: whether due to
Abuse
class selfishness 25:357-371
Extension to admiralty I8:294-297
Liability of owner of savage dog entrusted Nature
to servant by whose fault another serv- Catch phrases, as distinguished from major
ant is bitten 22:490491 premises 34:823
Origin of fellow-servant"Clean hands " doctrine 35:754
doctrine
2:212-213 -in divorce suit 37:913
Relation to applicability of res ipsa loquitur-in labor controversies 43:1120-1122
between master and servant 36:759 Intermediary between rules and principles
Statutory changes 45:173 34:814-816, 819, 823-824, 829-833
Vice-principal doctrine in United States
Introducing a period of natural law
Supreme Court 8:57; 9:149, 429; 34:814
I0:185; 13:603 Principles and maxims 34:832-833
Who is fellow-servant: injury not received Rules and maxims 34:829-832
in course of employment I1:340; Use of maxims in jurisprudence 9:13-26
14:620
- necessity of choice by common master
Sources
5:243; 11:125 Canon law 34:815-819
Who is vice-principal: nature of control as
Civil law 34:820-824
test 9:I49; I3:I47; i8:382, 397
Common law 34:827-836
Assumption of risk Germanic law 34:824-827
In general: common law doctrineGlossators and commentators
20:14-34; 28:176-178 34:818-823, 826
Basis of doctrine 26:262, 272 Interpretation as creative of legal maxims
By persons under disability or coercion 34:813
20:25-27 Logic and philosophy 34:817, 829, 832
Collection of modern authority Proverbs as an originator of maxims
20:107-110, 115 34:809-810, 824-825
Contributory negligence and assumption Roman law 34:811-816
of risk 28:182-184 Teaching as creative of legal m
Criminal statute: effect of, upon 34:812, 816-819,
doctrine
19:139 Versification and adages
Criminal statute requiring safe appliances: 34:819-820, 824-8
effect of, on doctrine 26:262, 272 Abuse
Development of doctrine: whether due toAttempt to make maxims the basis of legal
class selfishness 25:354-357 philosophy 34:835-836
Effect of statute abrogating assumptionConfusing
of generalizations
risk but leaving contributory negligence 34:815-816, 819
untouched 29:787 Limitations on the requirement
Effect of warning that hands" in mandamus
employees using proceedin
elevator do so at their own risk 37:273
27:284 Premature rigidity 34:815
Extension of doctrine to analogous rela- Sanctity 34:830-832
tionship of landlord and tenant Solving phrases, used with
37:775 principle 34:814, 816

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MECHANIC'S LIENS --MINES AND MINERALS 507
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

MECHANIC'S LIENS Requirements for merger of estates


See also Liens. 22:298, 308
Architects' lien for plans accepted but not
MILITARY LAW
used to effect actual improvement on theSee War.
land 28:714 MILITIA
Constitutionality of
See National Guard.
mechanic'
25:274, 294
Constitutionality of mechanics' lien law
MINES AND MINERALS
providing for attorney's fee as part ofSee also Constitutional Law, Easemen
costs 17:355 Eminent Domain, Right of Support,
Effect of stop notice Waters. by subcon
when
contractor subsequently
Intralimited rights to ore in lode locations: def
24:326general discussion 22:339-359
Effect of replacing defective
Adverse possession where severance mat of
time for filing statement 25:476 face 26:555; 27:173
Efficacy of mechanic's lien on automobile Appropriation of subterra
over chattel mortgage of same in another solution 20:487, 503
state 33:15-16 Damages for exploratory tr
fields 48:485-489
Improvements off premises but physica
or beneficially connected
Disseisin of with them
surface: whet
38:834underlying strata 11:417
Interpretation of lien laws:
Easements: whether
right str
of purchaser of c
or liberal 11:467 use underground railways for remo
Inviolability as vested coalright
from other 14:228
land 34:677
Lien arising out of illegal
Effectcontract
of partition of lands subject to
43:664 and gas lease 31:882, 898
Materials furnished but not
Effect onused 25:476
disseisor's adverse possessi
Priority of mechanic's lien on building
severance of mineralof
estate by diss
improvement over previous encum- 24:582
brance on land 39:384, 398
Fifty years of mining law 5o:897-908
Priority over mortgage for future advances
- adjoining locations 50:905-906
25:9I - assessment work 50:901-904
Priority over mortgages for purchase
- federal oil legislation 50:906-908
--miners' codes and federal legislation
money to persons other than the grantor
30:293 50:897-899
Public construction 45: I26 -necessity of discovery 50:900-901
Relative rights of contractor's surety--rights
and before discovery or patent
mechanic's lienholders in unpaid balance 50:904-905
due on building contract 37:634 Hardship on defendant owner of minerals
Right of lienholder to fixtures subject astoground for refusing injunction against
recorded chattel mortgage 38:681threatened irreparable injury to surface
Right of lienholder to insurance effected owner 43:662
by trustee in bankruptcy 38:399 Liability for stor
Right of subcontractor to lien regardless voir under an
of original contract 32:178 Liability for tres
Right to enforce against lessor lien ac-under another's claim i8:68
quired on contract with lessee 26:377 Location of claims: excessive location
Survivability of right to perfect a lien 24:678
46:527 -interpretation of federal statutes
Waiver of lien by contract between ma- I6:94-109
terialman and contractor 28:433 -rule in case of plurality of veins
What constitutes materials furnished: lum- I6:94-109
ber for forms for concrete building May the lines of a junior lode location be
25:92 laid across the surface of a valid senior
Whether judgment in mechanic's lien pro- lode location for the purpose of securing
ceedings is in rem 23:485 to the junior lode locator apex rights on
MERGER
so much of the vein as apexes within
the lines so laid excepting only where a
See also Judgments (Bar to other actions),
conflict arises with the apex rights of
Mortgages (Merger of interests), Rule
the senior lode locator 22:266-288
in Shelley's Case.
Nature of right of landowner in underly-
Developments in the law of future interests
ing oil and gas 25:76, 84; 31:882, 898
48:1209-1210 Oil and gas conservation 43:1137-1143
Prevented by a covenant of warranty Owners' liability for a foreman licensed
34:430, 435, 518 under a statute 20:230; 2I:284

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508 MINES AND MINERALS -MORTGAGES

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;


CASES. The figure in front of the colon refers in each instance to the volume.

Right of dower in unopened mines Consent decrees in enforcement of federal


44:647 anti-trust laws 46:885-932
Right of support: interference with sup- Labor, capital and business unde
port by quarrying 19:220 common law 29:243-265
-waiver of right to support from Lawsub- of China as to monopoly
jacent estate I9:626 31:265-266
Trespass by underground mining:
Legality accrual agreemen
of price-fixing
of action 9:147 45:1164-1195
Unreasonable use of natural
Meaning of thegas termby land-
in Sherman
owner enjoined 17:283 3I:246-270
Monopolizing at common law
MINORITY STOCKHOLDERS 3 :246-270
See Corporations. The patent monopoly and patent
the end of one and the beginnin
MISDEMEANORS other 45:r5o-r56
Regulation of labor, c
See Compounding Crime, Criminal Law. as a field for the common law
29:272-276
MISTAKE
Relation of labor, capital and business to
See also Adverse Possession, Bills and the common law 29:241-243
Notes, Cancellation of Instruments, Con- Scope of NIRA proviso against monopo
structive Trusts, Contracts, Criminal 47:103-105
Law (Defenses), Equity, Malicious State liquor monopolies - federal taxation
Prosecution, Mortgages, Quasi Con- 47:321-325
tracts, Reformation of Instruments, Re-MORATORIA
scission, Sales, Specific Performance, Effect on bank's right to set off seve
Taxation, Wills. debt against deposit 48:845
Good cause under a mortgage morator
In general statute 48:135
Defense of change of position in cases of Laws limiting mo
payment under mistake on a negotiable bond 48:I26
instrument 42:411-414 Moratory leg
Fraud, undue influence, and mistake in 46:106
wills 41:309-339 -constitutionality 46:1067-1074
Mistake of fact in the law of criminal at- -history 46:1062-1065
tempts 41:848-855 -moratory legislation 46:1074-1080
Rescission of check certification -suggested directives for 46:1067-1074
induced by
mistake 43:631-636 -types of legislation 46:1065-1067
Validity of trust established under mistake
of law 42:585 MORTGAGES
In general
Mistake as a defense in criminal law Nature
Development of 45:1014-1016 Equity of redemption
Clogging equity of redemption
Mistake as a defense in tort Assumption of mortgage
Transfer: by mortgagor
Definition of mistake 15:336337
Transfer: by mortgagee
Effect of mistake in tax payments
Rights of mortgagee
48:1328-1331
Rights of mortgagor
Mistake as negativing an essential element
of a particular tort i5:337-339
Foreclosure: rights of mortgagee
Foreclosure: rights of mortgagor
Non-negligent mistake as an affirmative
defense 15:339-352 Foreclosure: rights of purchaser
Priorities
Tacking
MITIGATION OF DAMAGES
Merger of interests
See Damages. Equitable mortgages
See also Alteration of Instruments, Bonds,
MONEY Chattel Mortgages, Conflict of Laws,
See Bills and Notes, Constitutional Law
Constitutional Law, Corporations (Re-
(Legislative powers: money). organization), Dower, Equity, Executors
and Administrators, Fixtures, Franchises,
MONOPOLIES History of Law (Property), Infants,
Insurance, Limitation of Actions, Mar-
See also Copyrights, Franchises, National.
Industrial Recovery Act, Patents, Re- shalling Assets, Moratoria, Receivers, Re-
straint of Trade. cording and Registry Laws, Rescission,

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MORTGAGES 509
References in heavy-faced type are to LEADING A
CASES. The figure in front of the colon refers in eac

Subrogation, Taxation, Trusts,


Waiver of possibility Vendor
of reverter in sec
and Purchaser. mortgage 20:420
Whether mortgage is
In general ship" 10o:249
Constitutionality of mortgage relief legis- Whether subject of conversion 29:107
lation 47:660-668
Decree of foreclosure authorizing
Equity of redemption junking
of railroad 38:694 Dower right in equity of redemption
Depressions and farm foreclosures 4:4I; 20:407, 417
50:210-211 Mortgagee's right to make good bargain in
Duty of trustee for bondholders claiming purchase of equity of redemption
lien for advances to notify bondholders 10:528
thereof 47:882 Mortgagee's right to consolidate mortgages
Liability of the trustee under the 22:540 corpora
indenture 42:198-248
Proportionate redemption by partial junior
Mortgage relief during the depression
encumbrancer not party to foreclosure
47:299-307
proceedings 50:990
Power of sale in long-term mortgage to
secure bond issue--validity under rule
against perpetuities 47:949-950 Clogging equity of redempt
Remedies against "milking" of propertyIn general 21:459-475
by mortgagors 46:491-497 Collateral advantage to mortg
gage 21:468-473
Nature Collateral stipulations 13:595;
Change of security under the corporate i5:66I, 675
mortgage 44:92-97 Conveyance of equity of redemption from
Effect of second mortgage mortgagor
on the to mortgagee
rights afterof
mortgage
a party subrogated to the security of the 2 :464-468
first mortgagee 35:596, 624 Covenant in mortgage advantageous to
Fiduciary relation between mortgagor mortgagee
and and imposing burden on
mortgagee 2I:465, 467-470 mortgagor after mortgage 21:473
Gage of land in mediaeval England Limiting in the mortgage the time or man-
I7:549-557; I8:36-50 ner of redemption 21:459-460
History and origin of mortgage law Option collateral to floating charge
4:5-12 27:391
Homestead mortgaged by husband alone Option to purchase given mortgagee found
35:342 to be clog on equity of redemption
Legal title in second mortgagee under Eng- 21:462-463
lish Law of Property Act 39:481 Sale and option for re-purchase as clog on
Liability of mortgagor for a heriot an equity of redemption 2I:460-462
20:652
Lien and title theories: statute of limita- Assumption of mortgage
tions in mortgage law 16:445, 454 Action by intermediate non-assuming
- effect of tender of payment after default grantee for loss from default of remote
16:526 assuming grantee 49:652
Mortgage procured by attorney to cover Effect of assumption of mortgage bar
future services 41:927 by statute of limitations 17:49
Mortgage to secure illegal contract:
Effect ofhow
deficiency judgment against m
far tainted with illegality I7:423 gagor alone 42:583
Mortgaged land under English land legisla- Effect of release of grantee
tion of 1925 40:284-288 47:1o65
Nature of interest createdEffect
4:1-4, of
13 suretyship relation b
Nature of interest created under proposed
gagor and grantee on the latt
Uniform Mortgage Act 38:652 to the former 38:503
Position of corporate bondholders of in-
Foreclosure against mortgagor's a
solvent corporation 37:207-209 I2:I39
Promise to pay debt barred by statute of Mortgagee's right to sue assignee who h
limitations revives mortgage security also assumed payment 14:462
barred 26:89
Mortgagee's rights against parties as
Ship Mortgage Act ing of I920 9:237-239;
the mortgage 38:1062-10
Short-form provisions under proposed 15:787-797 U
form Mortgage Act 38:654 Mortgagor and assignee each liable for
Theories of mortgages 48:702-703
deficiency after foreclosure II:64
True nature of interest of corporate bond-
Mortgagor as surety for assignee
holder is that of owner 37:210-211 I5:398, 583; I8:545

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5IO MORTGAGES

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Right of mortgagee in the various states rights as security for claim


to sue assignee of mortgagor I5:8o8 ally 30:524
Right of mortgagee who has released pur- Distribution of
chaser from deficiency judgment 41:261 eminent doma
Rights of mortgagee who has released mort- mortgagee 44: 1142
gagor and taken assignment of claim Effect of moratorium o
against purchaser 40:503 set off mortgage debt
Statute of limitations 12:217 48:845
Subrogation after payment, to rights of
Effect of Statute of Limi
mortgagee 12:217; 17:267 posed Uniform Mortgage Act 38:653
-payment under mistake of fact Failure 24:i6I
of mortgagor to pay taxes: acquisi-
Theory of the right : 67-68 tion of tax title to mortgaged property
by mortgagor's wife after mortgagee ac-
Transfer: by mortgagor quired foreclosure deed 42:583
Mortgage
Destruction of defeasance agreement in lien procured by attorney to cove
future services 41:927
mortgage as giving mortgagee absolute
title 22:295, 308 Mortgagee's right to buy tax t
Effect on mortgagor's assignee of renewal 11:343
of mortgage note 10: 133 Payment to mortgagee after transfer of
note
Implied assignment of mortgage when and mortgage securing note
con-
veyance of legal title void Io:528 42: 1082
Lease by mortgagor: who entitled to rents Position of corporate bondholder in busi-
1:255 ness world 37:201-213
Oral sale of mortgagor's interest in ab- Right to recover on insurance
solute deed to mortgagee 24:244 gardless of owner's acts 29:334
Power of equity to release from trust mort-Right of trustee under mortgage to file
claims with receiver 40:9I0
gage an unprofitable portion of busi-
ness properties 43: 312 To rents and profits after bankruptcy
Rights of life tenant who paysmortgagor
mortgage 40:775; 45:9o0-906
against remainderman 9:550
Rights to mortgage after novation Rights of mortgagor
6:193-194 Liability of mortgagee in possession
Sale by mortgagor: tort by mortgagee for permissive waste 48:823-824
destruction of his security 13:415
Foreclosure: rights of mortgagee
- release from mortgage of part of premises
22:231
Action for deficiency on mortgage bon
Surrender of lease given under statute bygoverned by foreign statute 20:326
mortgagor 20:73 Actual position of corporate bondholder of
insolvent corporation 37:207-209
Application of foreclosure proceeds to part
Transfer: by mortgagee of debt for which surety is not bound
Assignment by mortgagee by quitclaim
47:1444
deed as assignment of mortgage debt
Authority to give deed after mortgagor's
22:308 bankruptcy when foreclosure proceedings
Conveyance by mortgagee: mortgagor's
were instituted before bankruptcy
rights against mortgagee 11:260
21:441
Informal assignment of power of sale Binding the dissenter under state reorgani-
30:524
zation laws 48:1414-1428
Mortgage surrendered under mistake of
Contest of priority of senior mor
law reinstated 17:138 barring junior mortgagee's right
Mortgagor's equitable defense against mort-
ficiency judgment 48:516
gagee who assigns his interest I4:546
Decree authorizing purchase by trust
47:358
Rights of mortgagee Decree compelling purchase by trustee
Action for damages for waste by mort- 49:487
gagee against mortgagor 22:387 Defect of title as defense to purchase money
Amount of recovery by mortgagee-obligee mortgage 28:524
for breach of completion bond 47:705 Destination of money
Assignment of rents in mortgage held not event of foreclosure
effective on mortgagor's default gage 37:394
50:1322 Effect on foreclosure sale of death of mort-
Compensation I8:23I gagor before confirmation I7:429
Constitutionality of state laws
Equitable lienlimiting
for proceeds of void note
mortgagee's right to sue on bond used
and mortgage 48:126
to improve land
Deed of trust purporting to secure joint 49:842

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MORTGAGES 5II
References in heavy-faced type are to LEADING ARTICES; in italics to NOTES; and in plain type to
CASES. The figure in front of the colon refers in each instance to the volume.

Estoppel of bank president to foreclose by states, jurisdiction for foreclosure


failure to prevent bank's loan to mort- 17:57I
gagor 46:1024 Mortgagor's right to surplus in hands of
Foreclosure against mortgagor's
first mortgagee 21:61 a
12:139 Petition to compel receiver to
Good cause under moratorium statute of proposed reorganization p
48:I35 holders 47:529
Lien on crops harvested before possession Right of mortgago
taken 49:649 of rents and profit
Limitation of right gagee in possession
of foreclosure by
of sale 12:216 mortgage debt 23:301, 312
Mortgagee's right Right to to appointment
foreclose of receiver
accaf
agreement for default transfer of mortgaged in interesproperty
by temporary receivership 43:1161 2
Period of limitations governing:
Under proposed Uniform Mortgage Act
specialty 8:178 38:656-60
Power of mortgagor Usury -toeffecttoll Statute
of provision of
requiring mort-
Limitations as against gagor junior
to pay taxes oninterests
mortgaged land
49:639-644 and mortgage debt in addition to maxi-
Protection afforded dower mum legalright interest 41:405
20:407, 417
Purchase money mortgage - effect of mis-
take as to boundary of land in theForeclosure:
con- rights of purchaser
veyance and mortgage 43:326 Lien of purchaser at foreclosure sale,
Right of innocent party to a usurious mort- taxes 17:360
gage to recover: New York law 28:821 Life tenant buyi
sumed to be trus
Right of junior mortgagee who has fore-
closed to collect money purchaser should 20:639,
have paid, from purchaser under later Restraining mortg
foreclosure of prior mortgage 22:304 lecting rents 47:883
Right of mortgagee to life tenant to be Right to rent from a tenant o
subrogated to tax lien of state against under a lease subsequent to
gage 42:280
remaindermen 50:534
Right
Right to sue for deficiency after strict to que
foreclosure 28:641 statute affe
Rights
Rights of later mortgagee after prior mort- acquir
gagee has foreclosed 8:II8 utilities at j
Rights of one
Rights of pledgee of corporation's own
bonds 47:1104-1111 who purchases
Trustee under the corporateclosure
indenture sale 22:64
42:235-247Rights of pledgee of mort
foreclosure
Under proposed Uniform Mortgage Actsale 22:541
38:655-659 Rights of purchaser of mortgage o
Whether protection of minority bondhold- porate franchises I6:65
ers requires fixing of upset price in fore- Under proposed Uniform Mortgage
closure sale under railway mortgage 38:655-658
32:493-503 Priorities
Advance on faith of legal title already
Foreclosure: rights of mortgagor acquired 1:8
Application of insurance to mortgage debt Claims of Unit
20:578 Transportation A
Assignee's right to have sale set aside on prior mortgage 43:146
ground of usury in the mortgage note Defeating the priority of an after-ac
18:68 property clause 48:474-480
Conditioning confirmation of sale upon
Effect of junior lien held by mortgagee o
waiver or reduction of deficiency decree rights of one paying off mortgage
47:304-307 43:147
Enjoining sale because financial depression Effect of lis pendens on mortgage to secure
prevents obtaining fair price 46:1063 future advances 25:477
Fixing upset price 47:305-306, 1442Effect of sale on reorganization by
Foreclosure under power of sale pending poration on mortgages of after-acqu
bill for redemption 29:I05 property 45:1403
Judicial stay of foreclosure on ground of
Equitable mortgagee as a
economic emergency 47:302-304gor's assignee for creditors 7:186
Mortgage by company incorporated in two
Equitable mortgagee who relied on mis-

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512 MORTGAGES

References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

representation of trustee, postponed to Right of senior mo


the cestui 21:53, 64 profits 41:539
Equitable pledgee as against Several
holder of notes
prior secure
equity incapable of recordation 46:160 25:392; 30:769
Equitable substitution 26:261, 273 -which law governs 33:256-257
Estoppel: first equitable mortgagee post- Subrogation to rights of mortgagee befor
poned to second 12:62; 22:451 mortgage debt is paid in full, where
Floating security: subsequent mortgagee mortgagee
of is adequately protected
charged assets 9:286 38:837
- debentures 24:389, 406 Tort claims arising prior to receivership
Innocent pledgee of title-deeds as against
and foreclosure as operating expenses
prior equitable incumbrancer I :4-5 47:359
Liens on real estate arising from taxes on Successive assignments of chose in action
personal property 42:96i 24:243
Mortgage for future advances: Successive assignees of a mortgage debt,
priority
over mechanics' lien 25:91 each with a legal res i8:135
Mortgage on land prior to acquisition Unrecorded by mortgage over recorded m
mortgagor: priority to judgment gage held by relative of mortgagee
lien
29:457 27:767
Personal taxes not prior to mortgage lien Tacking
under Bankruptcy Act 38:1069 Doctrine of tabula in naufragio i:14-16
Practical considerations in determining Subsequent advances with knowledge of
strength of bond issue 37:202-209 intervening mortgage I3:306
Prior lien of mortgagee to secure present Tacking of successive mortgage titles
and future advances, for advances made i:15
subsequent to, but in ignorance of, Merger
an of interests
intervening incumbrance 23:68 Creditor getting mortgage and conveyance
Priorities among equitable claimants from surety who assumed debt I3:609
15:742; 16:525 Discharge of the obligation I8:I50
Priority determined by notice I7:497 Effect upon mortgage debt 15:740, 749
Priority of earlier vested mortgage lien Intention to continue mortgage lien
over taxes at common law 38:1064 I0:I33
Priority of mechanic's lien over mortgage Lease for years and equity of redemp
for purchase money to one other than in same person II:I99
the grantor 30:293 Legal title and equity of red
Priority of purchase-money mortgage
same person ac-
Io:133; I2:274; 13:609
quired at foreclosure sale Transferoverof debentures
existing after payment
second mortgage 35:91 I9:303
Priority of ship mortgages Equitable
on claims mortgages
other
than taxes 38:1062 After-acquired property clauses: in gener
Priority of ship mortgages over federal 40:223-229 tax
claims 38:1063 - allocation of property among rival claim
Priority of subsequent ants 40:240-247 creditor
corporate mortgage I8:605 -defeating the priority 48:474-480
Priority of subsequent creditors - effect
over of corporate consolidation on such
bond-
holders 29:337 clauses in a corporate mortgage
Priority of subsequent charges 40:230-237; 44:472
over
gage 37:203-206 -effect on property later acquired under
Priority of taxes under U. S. Rev. Stat. charter amendment 49:947-95o
? 3466 38:1066 -equitable assignment theory 40:226
Protection of bona- estoppel fide mortgage theory 40:227again
unfiled tax lien under U. S. Rev. Stat. -specific performance theory 40:226
? 3186 38:1071 -status of a receiver's purchases
Purchase-money mortgage 40:238-240
and jud
lien 22:384 -subordination of the lien of an after-
Receiver's certificates acquired property clause to liens inherent
give
existing corporate mortgage 7:375; in the act of acquisition 40:240-247
I2:436; I6:53, 66; 22:373, 386; -whether clause includes property ac-
25:458, 478 quired by a company into which mort-
Recorded mortgage expressly subject to gagor has merged 25:294
unrecorded mortgage 20:331 Creation by option to repurchas
Relations and rights of successive mort- foreclosure 45:747
gagees i:62-64 Deposit of title deeds I2:509
Right of junior mortgagee to rents and Effect in equity of a conditional co
profits 25:195 to mortgage 33:456, 476

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MORTGAGES - MUNICIPAL CORPORATIONS 513
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in
CASES. The figure in front of the colon refers in each instance to the volume.

Equitable mortgage on insuranceEffect


money of dissolution of chartering gover
of assignee of mortgage I7:360 ment on status I6:459
Grantee's name accidentally omitted Effect of segregation decree
12:1 I40 44:473
Possession of mortgagor as notice English settlements in America: nature of
25:I94 their governments I4:134-138
Right to rents and profits I8:544 Extending to municipal corporations state
Validity of oral promise to mortgage where priority in debtors' assets 47:843, 846
deed is eventually executed within fourExtension of city boundaries over piers
months of bankruptcy 42:835 built into navigable river 21:364
General rules as to exercise of powers
MORTMAIN 47:1144-1147
See Charities, Future Interests. Granting municipality power outside its
MOTIVE
territorial limits 21: I49
Home-rule charters 31:653
See Actions, Criminal Law, Evidence, Municipal corporation in essence the
Homicide, Labor Law, Restraint of itself in international relations
Trade, Torts, Unfair Competition. 33:365-368
MOTOR BUS TRANSPORTATION
Public agency created by compact to act
in two states 39:500
See Franchises, Highways, Licenses,
Quo Mu-warranto to determine te
nicipal Corporations.
31:1033
MULTIPLICITY OF SUITS Reincorporation election governed by gen-
See Equity. eral law enacted subsequent to charter
49:I53
MUNICIPAL CORPORATIONS Rhode Island towns: their history and
In general status I3:448-454, 570-583, 638-650
Nature and creation Validity of organization not subject to
Powers and functions collateral attack 35:74
Legislative control
Judicial control Powers and functions
Proceedings of council or other body See also Street Railways, Taxation.
Officers and agents Advertising 45:748
Property Advertising agent: power t
Debts and contracts 15:320
Assessments for local improvements Bonds: right of city having power to bor-
Police power and regulations row money to issue 5:157-171;
Franchises and licenses 6:73-84
Torts Capacity to grant tax exemptions 38:120
Actions City planning and zoning 36:772
See also Constitutional Law, Dedication, Confusion resulting from the distinction
Eminent Domain, Highways, Public between public and private functions of
Officers, Public Utilities, Street Rail- a municipal corporation 36:465
ways. Constitutionality of proportional repre-
sentation system under Home Rule
In general amendment 50:I314
City planning 49:352-356 Delegation of duty of city cl
Progress of the law, I918-I919 amine petition for special ele
33:1058-1069 43:665
Nature and creation
Delegation to committee of pow
Collateral attack upon improper annexa- municipal property 22:613
tion of additional territory 42:28I Distinction between " private" and " gov-
Comparison with other types of govern- ernmental" functions 38:795
ment corporations 48:778 Establishment of coal yards: whether con-
Contiguity of territory: whether necessary
stitutional 16:584, 597
9:I53
Expansion of municipal powers thr
De facto corporations, collateral attack doctrine of common law powers inhe
42:281 in corporate personality or through
De facto corporations organized under un-terpretation of written instrument
constitutional statute I0:452; 12:282 32:90
Declaratory judgment as method of ques-
Extraterritorial powers of municipalities
tioning existence of municipal corpora- 41:894-898
tion 49:153 -effect of "state creative" and "local
Distinction between private
self-government" conceptions and go
mental functions 37:I59 41:897-898

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514 MUNICIPAL CORPORATIONS
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTE
CASES. The figure in front of the colon refers in each instance to the volume.

- governmental functions 41:896-897 - in Pennsylvania; the " Ripper cases"


- private functions 41:895-896 I5:468-477
- taxation 4: 896-897 - present status of the right 14:127-134
Immediate withdrawal of public service -statutory requirement of popular au-
company doing business after expiration thorization by more than majority vote
of franchise cannot be interfered with of sale of municipal lighting plant
23:646 44: 33
Installation of parking meters 50: 319 Population a matter for legislative de-
Investigation of municipal problems: right termination 15:316
to appropriate money 23:293, 312 Power of legislature to c
Name: right to exclusive use I6:306 turn over the managem
Ordinances aimed at determination of right ways to a state-appoint
under a franchise 31:879, 893 36:465
Power of civil service commission toPower grant of legislature to di
a rehearing 37:390 to continue enterprise in
Power to charge tolls for arybridge
loss 22:367, 386
and tun-
nel 45:936 Power of legislature to ext
Power to employ jecting annexedagent land to to b
legislature onviouslybill
incurred debt
to 22:385
cont
dependent Public Utilities Commission
existence of as a "spec
m
commission " forbidden by state consti
38:402
PWA loans tiongrants
and 42:836 fo
owned public utilities 48:89-95 Regulation of
Race segregation ordinance 31:475 17:419
Redelegation of delegated powers Release by legislature of person contract-
32:87 ing with city: constitutionality
Regulation of rates of public service com- 16:211, 223
panies: by contract i6:1-18 Repeal of statute as impairing obligation of
- price of gas 9:286 municipality's contract 46:1334
Results of municipal Right to local self-government:
lighting in Massa-statutory
chusetts 32:988 regulation of fire department as a viola-
Right to amuse citizens 27:162, 185 tion 40:1153
Right to authorize nuisances in city streets Special legislation
34:439 hibition: what constitutes 19:465
Right to pass ordinances giving rise to -folly of prohibiting i8:588-604
civil liability, upon violation 19:288 State control of dissenting minority cred-
State and municipal excursions into busi- itors in municipal debt readjustments
ness enterprise as public purposes under 50:946-956
the taxing power 41:775-779 State franchise tax: consistency with
Taxes levied to assist private enterprises: "home-rule" doctrine i6:592, 597
constitutionality 5:30-34 Taxation of water supply as impairment of
Union labor: power to require same obligation of contract 37:159
11:469; 13:150; I4:299 Transfer of control of waterworks to state:
Validity of ordinance penalizing act for-constitutionality 15:848, 86o
bidden by state statute 23:486 Ultra vires contract of county: powe
legislature to validate same 12:214
Legislative control Validity under home rule guarantees of
In general 33:1058-1060 state supervision of finances of default-
Application to municipal buildings of ing political subdivision 46:1320-1325
building restrictions contained in city
charter 40:504 Judicial control
Bi-partisan police commission:
Ordinance changing street names const
and house
tionality of same 10:307 numbers 41:540
Classification of cities as means of avoid- Power of court to in
ing special legislation 16:59; 19:379 municipal assembly 37:274
Constitutional limits 20:77 Power of courts to review reasonableness
Distinction between publicly and of tax 16:232
privately
owned property 36:465-468, 486 Punishment for contempt 20: 50
Eight-hour laws as applied to municipal- Taxpayers' suits as means of controlling
ities: constitutionality 16:448; expenditure of public funds
I7:50, 419 5o: 276-1284
Local self-government: as a constitutionalUse of declaratory judgment 43:1292
right I3:441-454, 570-588, 638-658; Validity of license issued during national
I4:20-38, 116-138; I5:468-477 prohibition tested by certiorari brought
- in Massachusetts 14:119-124; 36:465 by private citizen 33:478

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MUNICIPAL CORPORATIONS 515
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in p
CASES. The figure in front of the colon refers in each instance to the volume.

Visitatorial jurisdiction in equity Validity of legislator's vote upon a measu


49:373, 382-383 which directly affects his property
23:407
Proceedings of council or other body Whether man can act as member of Con-
Effect of blank ballot 28:715 gress and as mayor of a city at the same
Impeachment of ordinance in collateral
time 23:231
suit by extrinsic evidence 44:656
Liability of city for damage from grad-
Property
ing ordered by mayor without authority
but subsequently ratified by ordinanceAlienation of: when allowed I7:6I
22:63 Alienation or diversion to other purpose
Power to suspend rule of procedure in 33:1068-1069
violation of rule against alteration with- City as riparian owner of stream flowing
out prior notice 33:1062 through it 33:157-158
Requirement that ordinance be read Constructive
three trustee: municip
tion as such 6:202
times, not satisfied by third reading be-
fore newly elected board 21:372 Exemption from state taxation I8:385
Garnishment: liability of municipal cor-
Officers and agents poration thereto 9:288; 14:62I
'All members of recusant board proper -of funds acquired in proprietary capac-
defendants in mandamus 7:240 ity 49:342
Appointment to office: reconsideration of Lease for private purposes 23:570
vote of approval by council 32:292 Liability of lessor city's interest in oil lease
Constitutionality of municipal appropria- to execution by judgment creditor
tion to reimburse officers for liability for 49:489
illegal acts committed in the course of Public rights in streets barred by estoppel
duty 2 I:625, 633 I7:273, 284; 30:769; 4I:io68
De jure officer: right to
Right of recover salary
taxpayer to inspect books of cor-
paid to usurper 15:675 poration 17:I37
-recovery of salary by de jure officer
Validity of chattel mor
20:240 purchased for water works 45:749
Delegation of duty of city clerk to Validity
ex- of the distinction between publicly
amine petition for special election and privately owned municipal property
43:665 36:465
Distinction between officer and employee Debts and contracts
of municipal corporation 33:1061 Application of state constitutional debt
Elections: effect of ineligibility of candi- limitations to indebtedness payable out
date receiving highest number of votes of special fund 47:701
33:1060-1061 Citizen's rights under a contract
Estoppel of county to set up Statute of water company and municipalit
Limitations because of misrepresentation 20: 242
of agent as to date on which taxes be- Compensation of attorneys of indigent
came delinquent 40:647 clients a public object 17:197
Liability of highway contractor for mis- bidding-contract for pat
Competitive
feasance 29:323, 337 ented pavement let to patentee
Mandamus by individual for non-perform- 44:655
ance of duty 33:1063 County estopped by recitals from question-
Personal liability for receiving
ingpreference
validity of bonds 6:49
for municipality, when statute does not
-federal rule 37:159
authorize officer to be sued for such aby municipality n
Covenant
wrong 2i:534, 538 with public service corpor
Power of de facto board of commissioners
Debt-limit: avoidance by s
to appoint de jure officers 50:990
tax 16:442, 454
Re-election after ouster - city bonds payable
20:316, 332; 22:540; 23:312 of newly created st
Resignation and removal 33:1064 stituting debt 21:149
Right to police pension where applicant has-debt for waterworks to be p
already completed period of service pro- receipts: inclusion in debt-lim
vided by charter amendment 44:1144- liability up to debt-limit in i
Right of recipient of public aid to work- contracts 15:583
men's compensation as a public employee --necessity as ground f
47:362 debt-limit 15:408
Taxpayer's right to test legality of acts of- obligation to pay from fu
officials IO:453 44:656
Validity of acts when -
corporation does not
refunding bonds as excee
exist de jure 21:153, 449 42:280

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5I6 MUNICIPAL CORPORATIONS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plai
CASES. The figure in front of the colon refers in each instance to the volume.

Effect of final judgment on interest ofcrossing


pur- without expense to railway com-
chaser of municipal bonds involvedpany in is surrender of police power
litigation 22:455 32:292
Firemen's agreement to accept less salary
than prescribed by ordinance 50:532 Assessments for local improvements
General tax to create guaranty fund for Assessments on littoral owners for building
local improvement district bonds docks 17:355
46:860 Conclusiveness o
Liability for benefits received under con- that a railroad's right of way is so
tracts that exceed debt limit 28:715 benefited as to be subject to assessment
Liability for services performed under void 21:292
contract 17:343; 26:273; 34:439 Denial of priority to lien prior in time
Liability of contractor to candidate for 48:1028
negligent installation of voting machines
Effect of condition in dedication of a high-
48:1442 way, that abutters be free from assess-
Liability of hospital to patient 39:894 ment for its improvement
Loans from the PWA in excess of city debt 21:356, 367
limits 47:688-693 Increased cost due to city's acts as a de-
-" special fund" doctrine 47:69o-692 fense 16:360, 376
Municipal corporation as subject of bank- Inferiority of work as
ruptcy 48:1435 ment 15:412
Municipal liability upon improveme
Nature of specia
bonds 44:61o-615 21:533,
Municipal receivership legislation- Omissions in assessment: whether this in-
treat-
validates whole assessment
ment of dissenting minority creditors 7:3 1
50:950-956
Set-off against an award for property
Patented articles: requirement demned 21:368 of use as
violation of statute Special calling for competi- f
assessment
tive bidding 19:I38; 20:421 2I:533, 546
Payment enforced for work done Validityunder
of frontage assessment for pav-
ultra vires contract where special fund
ing street of varying width 29:228
provided 50:53I Valuation of elevated railway's rights to
Pro rata recovery by impair
bondholder
easements of light, air from
and access in
solvent improvement district 48:136 -assessments to property owners bene-
Quasi contractual liability 23:509; fited 48:293-298
47:1143-1172
- action for money had and received Police power and regu
47:1148-1153 Compelling street rail
--defective exercise of powers 20:155
47:1157-1164 Conviction under city ordinance as de-
- ratification and estoppel 47:1164-1168 fense to prosecution by state
-recovery of taxes illegally exacted 15:660, 672
47:1153-1157 Destroying property without compensa-
tion to prevent the spread of fire
Release of person contracting with city by
legislature: constitutionality I6:211 20:582
Remedies of creditors of defaulting state Limitation of fees of employment agencie
political subdivisions 46:1317-1320 32:856
Right of bank receiver to set off municipal Motor bus transportation 37:777
bonds against city's deposit 49:646 Ordinance denying right of maintaining bil-
Rights of purchaser of registered bonds liard rooms to aliens 33: 08
improperly released from registry Ordinance forbidding alighting from m
45:1117 ing trains: validity 15:584
Specification of exclusively held material Ordinance imposing fine for act al
when statute requires competitive bid- prohibited by statute 25:569
ding 49:1006 Ordinance taxing nonresident peddler
Tax anticipation constitutionality
as a device o: 59 for
sion of constitutional restrictions onPolice offenses as public torts 35:462
municipal indebtedness 45:704-710 Regulation of "jitney busses" 29:437
Ultra vires contract: constitutionality ofRegulation of occupations on grounds of
statute validating same 12:214 convenience: constitutionality 4:236;
-employment of special counsel by town 7:374; 9:483
committee 32:578 Use of streets by street railways operating
under
Vested rights in pension state franchise
granted by 32:736
munici-
pal ordinance 40:504 Validity of ordinance penalizing act
Whether contract to maintain highway bidden by state statute 23:486

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MUNICIPAL CORPORATIONS 517
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume.

Validity of ordinance prohibiting circula-


Liability of conces
ton of a newspaper 32:734 42:282
Liability of county
Franchises and licenses for insane 8:232
Liability of officers for
Conflicting grants of street franchises to
the course of an ultra
public service corporations 4I:236-241
38:527
Constitutionality of police court created
by statute attacked collaterally II:266 Liability of school dis
Effect of contract not to reduce rates of negligence 47:1069
Maintenance of highways: temporary
public service company 23:388, 407
Enforcement of penalty for failure to com-
bridge made by independent contractor:
ply with franchise 24:66 injury from collapse 18:470
-liability
Estoppel of city to deny validity of county under duty to rep
of ordi-
nance 20:564, 579
bridge for negligence 9:433
Estoppel to challenge-liability of county for
validity of negligence in
ordinance
maintainingunder
while enjoying franchise highway 10:452
it
-liability to voluntary spectator dam-
26:759
aged by permitted exhibition of fire-
Estoppel to revoke license without making
compensation 8:235 works in street 7:240; 21:543
-negligence of independent contractor
Exclusive privileges: whether same may be
I5:485
granted 7:123; 8:285; 9:485
License for underground pipe-line: -liability
negligence of driver of sprinkling cart
I2:217
of subsequent licensee for nonnegligent
interference with support 22:612 -performance of governmental function
Modification of franchise allowing increase incidentally violating duty to maintain
in rates 27:49I safe streets 44:302
Nature of right to-private nuisance
use streets formaintain
moto
bus transportation 37:777 by independent contractor 20:73
Negligence
Power to permit private persons to build of employee removing ashes
spur track from street 2I:221 I3:59
Negligence of hospital nurse 39:894
Reserved rights on granting of franchise
9:485 Negligence of members of the fire depart-
Revocation by granting inconsistentment
fran- 34:66, 91
chise: validity of same 7:184 Negligence of water
I4:292
Right of city to compete with franchise
Negligent injury to health I6:68
granted by itself 13:604; i6:68;
17:279
Negligent maintenance of public park
7:498; 25:568
Street railway companies 33:1065-1068 Non-enforcement of ordinance
Validity of ordinances allowing construc-
tion of bridge over street and vacating I5:736, 749
street 32:862 Nuisance: interference with exercise of li-
cense 7:377
Property dest
Torts
12:218; 20:582
In general 25:646, 668; 35:120 Property taken: liability of county for neg-
Admiralty: torts of fireboat 14:450ligently diverting watercourse
Communal liability for mob violence 22:54, 64, 310
49:I362-1369 Recovery for injury by animal in public
Defective condition of school playground zoo 30:270, 294
23:I49 Sidewalks: notice
Defective schoolhouse i9:65 city on notice of
Distinction between governmental and 33:985
private functions 34:66, 91 Streets: injury fr
Failure to enforce ordinances relating totree 25:646, 668
use of streets 25:92 Trespass of animals em
Failure to maintain proper waterworks partment, liability for 19:386
9:475; 25:477 Ultra vires transactions 25:648, 668
Implied warranty in furnishing impure
Vicarious liability imposed by statute
water 34:92 45:I72
Inroads upon municipal Actions 45172 immunity
46:305-308Accrual of action on city war
Liability for negligence in ultra
I8:230 v
duct 38:401 Action against county: estoppel to set up
Liability of city for
Statute failure
of Limitations 40:647 to r
abandoned telephone
City in more than one pole 48:
county 22:385

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5I8 MUNICIPAL CORPORATIONS

References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in


CASES. The figure in front of the colon refers in each instance to the volume.

MUTUAL
Discretionary powers of court in BENEFIT SOCIETIES
quo war-
ranto 35:73, 92 See Insurance (Mutual benefit ins
Ejectment against owner of fee on highw
12:64 MUTUALITY
Enforcing by mandamus duties assumed See Assignments, Contracts, Specific
by telephone company in accepting its formance.
franchise 2 1:448
Equity proceedings by taxpayer to re- NAMES
strain removal of county seat 8:60 Name of unincorporated charitable or-
Estoppel by laches 21:292 ganization: right to exclusive use
Estoppel by ultra vires ordinance 43:1147
Personal names: nature of, and limitations
20:564, 579
Estoppel to abandon condemnation pro-on use: general discussion 19:548
ceedings 49:336 Rights under contract granting exclusive
Injunction against collection advertising use of
of famous name 49:496
unconstitu
tional municipal tax 22:612
Injunction by city against publicNARCOTICS
nuisance
23:645; 26:37I Enforcement of narcotic acts 5o:632-633
Liability of improvement district to suit
NATIONAL
in state other than its domicil 49:342 BANKS
See Banks
Mandatory injunction ordering removal of and Banking.
municipal building extending over side-
walk 30:88 NATIONAL GUARD
No recoveryLiability
for of militia
libel officers and
for inju
Notice required caused while
asassisting in enforcemen
conditio
whether unconstitutional I9:6I8; civil law 38:532
20:494 Status of state militia
Recovery of compensation for special 30:176, I9I, 7
services rendered to an individual
32:282, 292 NATIONAL INDUSTRIAL RECOV-
Repeal of statute while plaintiff's action ERY ACT
pending 23:565 In general
Right of city to enjoinCodes collection of state
Labor provisions
tax alleged to be unconstitutional
42:134 Monopolies and anti-trust laws
See
Right of county to test constitutionality ofalso Public Works Administration.
statute 25:560
In general
Right of taxpayer to compel collect
Adequacy
taxes upon illegally in compelling disclosure
exempted of cor-
propert
porate affairs 47:342-343
48:341
Right of
taxpayer Commerce
to which concerns more states
enjoin than
unautho
use of public funds 9:546 one-power of Congress when state
action isof
Right of taxpayer to prevent dismissal ineffectual 47:1335-1366
suit by county 44:994 Constitutionality of loans for construction
Right of township to recover of from land-
municipally owned utilities
owner whose negligence has caused dam- 50:802-8I3, 956
age for which it has had to Estoppel
answer to contest constitutionality
28:636 48:988-99r
Scope of mandamus against defaulting Immunity of President and his agents from
municipal corporations 50:947-949 injunction 47:138
Specific performance of city's contract to Invalidity of delegation
supply water, although service proves to power to President 49:332
be unprofitable 32:439 Legal aspects of the Act 47:85-125
Statute of limitations: application - adjustment
to of existing contracts
mu-
nicipal corporations II:555; 47:114-117
15:146, 846; 17:273, 284; 21:292; 24:242 - collective bargaining 47:117-125
Taxpayers' suits 50:231 - constitutionality 47:85-95;
Taxpayers' suits to enjoin execution of de- 49:193-238
fective contracts 47:1161-1162 -enforcement of codes 47:95-101
Tort action against negligent contractor -federal anti-trust laws 47:10r-10o
who has given bond 19:138 - state laws 47: o5-o08
Variance from contract as defense -unfair
22:I47competition 47:108-114;
50:184-186
MURDER Necessity for planned participation by fed-
See Homicide. eral courts in New Deal 47:913-947

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NATIONAL INDUSTRIAL RECOVERY ACT--NEGLIGENCE 519
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECEN
CASES. The figure in front of the colon refers in each instance to the volume.

Relation to law and lawyers 47:85 State laws 47: ro5-io8


The NIRA in the book and in business -need for amendment 47:10o7
47:458-478 -relation to NRA codes 47:105-107
- policy of the Act as revealed in codes -relaxation by state recovery acts
47:468-478 47:107-108
-policy of the Act as revealed in statute
and legislative background 47:458-468
NATIONAL LABOR RELATIONS
Validity of delegation of powers by Con- BOARD
gress 48:798-806 See Labor Law.

Codes NATIONALITY
Approval and enforcement 47:86 See Aliens.
Arbitration under NIRA 48:141-146
Classification and summary of code pro- NATURALIZATION
visions 47:470-475 See also Aliens.
Enforcement 47: 95-101 Cancellation of illegally procured certifi-
-against signatories 47:100-101 cate 4I:248
-by government 47:96 Desire to alter f
-by industry 47:96-98 stitutional me
-power of code authoritiesto
toConstitution
compel 46:325
testimony 47: 8-1oo Naturalization: whether state ma
its charters
Failure of codes to develop as decree of,of
on account of frau
business self-government 47:475-478 I9:297
New concept of unfair competition Residence requirements as applied to sea-
47:108-114 men serving on vessels of foreign registry
-applicability of precedents under Fed- 41:663
eral Trade Commission Act Status of Filipinos for purposes of immi-
47:112-I14 gration and naturalization 42:809-812
code provisions 47:109-111
-prior judicial definitions 47: 08-109 NAVIGABLE WATERS
-provisions of Act 47: 111-12 See Waters.
Provisions for arbitration 47:590-591
Resale price maintenance 49:813 NECESSARIES
Retroactive application to existing agree- See Admiralty, Husband and Wife, Infant
ments 47:114-I17 Maritime Liens.
Right of individual to sue for violation
48:342 NEGLIGENCE
State codes for interstate commerce In general
*_~ ~ 47: 07-108 Duty of care
Labor provisions Violation of statutory duty
Collective bargaining 47: 17-125 Defenses
Decisions of National Labor Relations Damages for fright
Board 48:630-659 Imputed negligence
See also of
Effect of NIRA upon legality Admiralty, Agency, Animals, Bail-
secondary
boycott 47:0o64 ments, Burden of Proof, Contributory
NIRA as forbidding strike Negligence, Criminal by
activities Law, Damages,
non-employees 47:7I2 Employers' Liability Acts, Evidence,
NIRA from employers' viewpoint Homicide, Law and Fact, Libel and
48:954-977 Slander, Licenses, Limitation of Actions,
-closed shop 48:968-969 Negligent Misrepresentation, Proximate
-collective bargaining 48:970-974 Cause, Torts, Trusts.
-company unions 48:965-967 In particular relations, see also Agency,
-right to strike 48:960-965 Bailments, Banks and Banking, Bills and
union resp6nsibility 48:974-976 Notes (Defenses), Carriers, Charities,
Contracts, Corporations, Dangerous
Monopolies and anti-trust laws Premises, Innkeepers, Landlord and Ten-
Modification of federal laws 47:10I-105ant, Master and Servant, Municipal Cor-
-price-fixing provisions of codes porations, Physicians and Surgeons, Pub-
47: ioo-02 lic Officers, Railroads, Rescission,
-provisions restricting production Telegraph and Telephone Companies,
47:10z-103 Torts.
-scope of proviso against monopoly
47:103-105 In general
Nation-wide labor union as a monopoly Affirmative damage to plaintiff's property
47:7I2 in execution of contract 7:187

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520 NEGLIGENCE

References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Aftermath of the Supreme Court's stop, Dangerous article, sale


look, and listen rule 43:926-932 vendee 15:678
Automobile driver's liability to guest for Discontinuance without notice of custom
injury resulting from lack of skill 47:700of voluntarily giving warning I4:233;
A compensation plan for motor vehicle 25:392
accidents 45:1429-1430 Dissemination of known falsehoods result-
Definition in terms of due care and of the ing in physical harm 35:348
ordinary prudent man misleading Duty of one trespasser toward another
39:859-865 30:519
Degrees of negligence 18:536 Duty to refrain from renting a canoe to an
Development of law of negligence - intoxicated analy- person and to go to his aid
sis of negligent conduct in termsin ofcase of mishap 42:964
utility of conduct and magnitudeDuty to seen trespassers 27:403-418
of risk
50:1225-1227Duty toward persons likely to suffer shock
History of standardization 31:954-979 from negligent or wilful injury to an-
Insurance, part it plays in recovery by per- other 49:1036-1045
son injured in automobile accident Electric wires: duty of elec
45:1429 licensee on land of third
Justification of the conduct theory -duty of insulation agains
39:865-870 17:281
Liability for negligent injury to a contract -liability of person breaki
relation 40:302 user 17:288
Liability in tort for -of person
the negligent non
performance of a another's promise wires 17: 34
45:164-171
Liability to wife of - on injured
premises as man wilful for he
and wa
loss of consortium 35:343 to trespasser 3I:293, 313
Liability without fault 29:801-815 Enlargement of landowner's liability to
Limitations upon liability for consequencestrespassers and licensees 50:735-740
of negligent conduct - foreseeability,Entrusting automobile to child 48:500
proximate cause, privity and control Extrahazardous occupations: injuries
5o:1227-1234 caused by concussion from blasting in
Mental theory 39:849-852 city streets 16:309
Negligence-- subjective or objective Foreseeability as limitation
4I:1-28 50:1227-122
-human qualities involved 41:1-3 Gratuitous agent's liability
- intelligence 4I:12-13 nonfeasance 44:121
- intention - belief - knowledge Gratuitous bailor's duty
41:17-26 Gratuitous undertakings 12:571;
- man of ordinary prudence 4I:9-10 I7:I26, I35, 501
- moral qualities 4I:10-12 Hospitals and other charitable corpora-
- physical characteristics 41:13-17 tions: liability for negligence 9:541;
- risk - danger 41:5-7 12:128; 14:229; 25:83; 32:293; 37:263
-skill 4I:26-27 -liability for infection due to escape of
- undue - unreasonable risk 41:7-8 smallpox patient i6:I33
Negligence as unreasonably dangerous Independent contractor: liabilit
conduct 38:852-859 persons after acceptance of
Negligence not a breach of duty of 45:I95 care
29:40-42 Landlord: duty towards third persons when
Negligent valuation lessee
ofis property
in possession 25:90 38:254
Part negligence plays Landowner: duty to warn visitors
in imposing liabilitof
in automobile injury cases 45:1428 ger of assault I7:358
Rule for finding negligence: balancing risks Landlord's liability for disr
and objects 29:42-46 50:740-748
Landlord's liability to trespa
Duty of care gent act committed off pr
Acts habitually done by agents not in 49:I010
course of employment 11:346; 12:431 Liability for fire loss caused by inj
Bailee 5:226-231; 12:571 third party's hose 28:511, 525
Business custom is test of due care Liability for injury done by released lunat
26:760 45:I92
Liability for operation of automobile im-
Child trespassers: basis of liability of occu-
pier of premises 36:113, 350 properly registered 28:511, 525
Christian Science "healers" I7:I37 Liability of contracting party to stranger
whose conduct is influenced by negligence
Contractual limitation of liability for negli-
gence 28:550-564 of former 36:113

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NEGLIGENCE 521
References in heavy-faced type are to LEADING
CASES. The figure in front of the colon refers in e

-implied license
Liability of contractor foror negligently
invitation as basis of
pairing real property 35:637,
doctrine 36:113, 660-665
350
Liability of contractor to candidate for -in the federal courts 36:826-857
negligent installation of voting machines Violation of duty by incurring undue risk
48:1442 though exact nature of harm is not fore-
Liability of father for entrusting motor- seeable 39:166-167
cycle to his minor child 38:122 Violation of duty of mar
Liability of occupier of land, his lessee, and seaman proper care in i
contractor for injury to passer-by caused gence" under statute 46:712
by dangerous condition 50:702 Violation of ordinance prohibiting sale o
Liability of occupier of premises for injury firearms to minors 28:435
to trespassing animals 39:5 2
Liability of occupier of premises Violation
to cus- of statutory duty
tomer for assault by other customer
Applicability of traffic ordinance to mot
36:343 cycle officer 49:154
Liability of occupier of premises toCommon tres- law and statutory d
passer 35:68, 94 29:50-52
Liability of unauthorized Criminal statutes user of telepho
and tort liability
pole for failure to repair 48:5I8 46:453-477
Liability to city employee for maintenanceEffect of breach as negligence per se
of unauthorized telephone pole 42:135 27:93, 281, 317-328
Nature and extent of liability of landlordEffect of breach of affirmative require-
for negligence in making gratuitous re- ments 27:329-333
pairs 35:633-672 Effect of breach of mun
Negligence of trustee in managing
liability of wrongdoer I9:288; estate
as ground for liability where trustee 27:317-343
stipulated against personal Effect of breach liability
of negative requirements
48:346 27:317-328; 36:343
Negligent mishandling Effect ofof corpse
violation of statute 49:1067
prohibiting
No affirmative duty employment at common of minors law in elevators
20:14-16 28:433
Notice of one defect in sidewalk puttingFailure of chiropractor to secure license to
city on notice of another defect 33:985 practice medicine 41:541
Prevention of escape of unhealthful air Harm caused of different sort than
I8:68 aimed at by statute 27:335-338
Principal's liability for retaining incom-
Improperly registered car as outlaw
petent agent 9:283 50:727
Railroad: negligence of lessee
Involuntary 20:334
manslaughter: causal connec-
-liability for agent's failure totheprotect
tion between unlawful quality of the
imperiled and helpless actperson 43:652
and the homicide; killing while driv-
-negligent maintenance of hospital
ing an automobile under the influence of
an intoxicant in violation of statute
6:530
- respective duties of carrier and conduc- 41:669
tor to passengers 34:789 Liability of manufacturer to retailer for
Responsibility of landlord for conduct of
violation of weights and measures law
voluntary helper during gratuitous in- 40: oi8
spection of tenant's shop 42:708 Remedial actions for injuries caused by
Right of child to recover for prenatal in- violation of Safety Appliance Act
juries 46:344 49:456-46i
Right of tenant to rely
Statutes on
regulating uselandlord's
of automobiles by s
in making repairs 35:652-654 minors 48:500-503
Sale of pork infested with trichinae dis-
The trespasser on the high
coverable only by microscopic examina- trine-a Massachusetts anom
tion of ground meat 49:1379 46:319-325
Shopkeeper's duty toward property of cus-Unlawful employment of ch
tomer 20:491 gence 38:695
Trespassers: liability of third
Violation ofparty
Feder
I8:150 as basis for civil
-negligence treated as wilful and wanton driver 48:345
injury to 3I:293, 313 Violation of obsolete
-trespassing children on highway 5o:727-72
20:332 Violation of statute 28:175
"Turntable Cases" ii:349-373,434-448; Violation of tenement house statute re
12:206; I7:358; 21:57, 358; 22:538; ing fire escapes 28:111
36:113, 350 Whether breach has same effect in

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522 NEGLIGENCE -NEGLIGENT MISREPRESENTATION
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain t
CASES. The figure in front of the colon refers in each instance to the volume.

Recent developments 50:732-735


plaintiff's right of action as in making
him liable to others 27:338-342 Recovery for mental distress caused by
non-delivery of corpse 42:284
Defenses Recovery for nervous shock resulting in
Application of "volenti non fit injuria ":physical injuries where there is no actual
in general 8:457-471; 20:17-18 impact 34:260-281, 348
-effect of criminal statute upon doctrine
-rule in England 34:261-263
I9:I39 -rule in the United States 34:263-281
--injury sustained in saving life endan-
gered by another's negligence Imputed
24:407 negligence
- injury sustained in saving property Bailee's negligence
en- affecting action by
dangered by another's negligence bailor I4: 50
24:406 Contributory negl
Assumption of risk by tenant when ingland-bailor 43:502
lord has covenanted to repair 37:775 Husband's suit for loss o
Carrier's duty of care to passengers as gent wife 8:63, 290
justifying injury to non-negligent third Imputing negligence of par
person 44:303 parent's suit for death of
Compliance with Injury to young child by
administra
49:843 consequence of negligence
Compliance with todian 28:513
statutory
for negligence I3:309 Negligence in the case of a gratuitous
Contract exempting railroad passenger from liabilityI8:219
for negligent injuries to Negligence Pullman em- of benef
ployees 29:435, 438 causing death 23:299, 308
Contributory negligence Negligence
as bar to of recovery
driver of private con
of damages for violation ance of affecting
pure food passenger
act35:121
50:I316 Negligence of driver of street car affecting
Effect of assumption of risk as to one tort- suit by passenger 7:378
feasor on recovery and contribution Negligence of father affecting re
48:517 action for causing death brought by
Federal employers' liability cases in the father as administrator, he being also
Supreme Court 46:244 sole beneficiary 23:299, 308
Illegality of plaintiff's act as Negligence
defense of husband driving automob
12:144, 286; 14:295, 304; I8:504-518; not imputed to wife 33:313
27:93, 338-342; 28:320; 29:337 Negligence of husband in charge of c
Injury sustained in saving life endangered imputed to wife in recovery under de
by another's negligence 28:638 statute 29:99
Intervention of an illegal act 32:293 Negligence of int
Nuisance created by plaintiff 47:536 covery 11:481
Parties acting under a contract illegal on Negligence of str
defendant's part I7:53, 62 suit by conductor II:556
Separate suit for injury to person Negligence
where of wife in action by
same act causes injury to person and for loss of wife's services 23:29
property is barred by former recovery Parent's negligence as defense to child's
for injury to property 24:492, 504 action I2:357; 15:415; 18:311
Subsequent omission of duty by anotherNEGLIGENT MISREPRESENTATION
party not necessarily a defense 36:762 See also Deceit, Estoppel, Libel and S
Transgression of Lord's Day by plaintiff as der.
defense I2:144, 286
In
Waiver by agent of right to sue for negli- general
gence of principal 5:94; Applicability
6:451; of the doctrine of cont
9:545;
10:387; ii:56 tory negligence 42:739-740
Damages for fright Argument for an action based on n
Can there be recovery for consequences of gence, as distinguished from decei
fright since there can be no recovery for 14:66, 75, 184-199
mere fright 34:265-268 Authorities, state of 13:6o<;
Infliction of injury or illness without im- 14:66, 75, 184-187, 192
pact 49:1035-1048 Civil liability provisions of federal s
Is injury from fright resulting ties regulation in48: I7-21I
nervous
shock a proximate result Effect of of the negli-
gratuitous communication
gent act 34:268-272 42:741-743
Modification of New York rule 45:593 Inadequacy of action for, in compelling
Reasons for denial of recovery disclosure of corporate affairs
34:274-278 47:335-336

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NEGLIGENT MISREPRESENTATION -NEW TRIAL 523
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTES; and in plain type to RE
CASES. The figure in front of the colon refers in each instance to the volume.

Inconsistency between English law relating In general


to warranty and that governing liability Condition imposed on grant of new trial t
for misrepresentation generally defendant to avoid abatement because of
27:1-13 plaintiff's death 39:5I2
Liability for negligent false representationsDenial of motion - reviewabilit
41:I05 eral courts 46:852
The law of the case 42:938-941
Liability to persons entitled to rely on the
statement 2:384, 388 Partial new trial 50:1051-1052
Misrepresentation as deceit, Law declared byor
negligence, intermediate court
warranty 42:733-747 consistent with principles of decisio
Reparation ordered by highest Interstate Com-after reman
court rendered
merce Commission 30:749 and before new trial 22:438, 455
Requirements suggested for an action for to issue of plaintiff's capacity
Limitation
negligent misrepresentation I4:195-196 28:526
Statement true as intended but false as May a new trial be granted to extend to
reasonably interpreted 9:214; only one issue 33:249-250
14:197-198
Power to grant new trial to remedy
Who are entitled to rely on statement justice occasioned solely by applica
7:124 44:995
Waning fetish of privity 50:1232-1235Raising new questions on appeal
Warrantual versus tort measure of dam- 40: 997-1ooo
ages 50:1244-1246 Right of appellate court to give judgment
on the evidence notwithstanding verdict
Particular cases 32:711
Abstract of title negligently prepared Successive verdicts: setting aside second
9:435; 2I'439, 449 verdict for the same party as against the
Careless spaces on negotiable instruments weight of evidence 34:678
31:781 Time within which motion must be made
Certificate as to progress of building effect of expiration of term
7:I24 28:412, 434, 659-662
Grounds
Directions on bottle of patent medicine
3:227 Admission of improper evidence when first
Director's statement as to condition of trial is without jury I2:I4I
bank 12:221 Decision by divided court 20:231
Destruction of record
Liability of certifier of without fault of ap-to
title
sons 45:937 pellant 32:572; 4I:394
Liability of Discovery
public account
of evidence impeachi
persons 44:134 nesses at former trial I0:526
Negligent performance
Discovery of of contract
evidence showing perjurycul
at
minating in certificate 36:113 former trial 10:526
Negligent valuation of property 2:388 Disparity between insurance claim
Physician's statement as to danger of in- dict, suggesting fraud 50: 36
fection 14:66, 75 Erroneous instruction merely as to dam-
ages as ground for new trial of all the
NEGOTIABLE INSTRUMENTS issues 22:540
Excessive damages 33:248-249
See Bills and Notes, Bonds, Transfer of
Stock. Importance of instructions in trial of jury
cases 36:127
Improper con
NEGROES Inability of juro
See Constitutional Law, Elections, Re- 15:676
straints on Alienation, Slaves. Inconsistent verd
several defen
NERVOUS SHOCK Inconsistent verd
See Assault and Battery, Damages, Negli-ing the same offense 43:657
gence, Proximate Cause, Torts. Instruction of jury concerning a degree of
homicide less than that shown by the
NEUTRALITY evidence 33:980
Invited error: verdict on i
See International Law, Prize Law, War.
quested by appellant not
NEW TRIAL evidence 29:448
Juror's notes of evi
See also Appeal and Error, Constitutional
Misconduct by public pr
Law, Courts, Criminal Law, Federal Misconduct of jurors: re
Courts.
paper 19:467

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524 NEW TRIAL -NUISANCE
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to t

Misconduct of prosecutor 44:1123 Debtor, substitution of new 6:186-187


Misconduct of the jury-discussion of Essential elements 15:792
failure of accused to testify 45:746 Gift of parol chose in action 16:308;
Motion of Sacco and Vanzetti for a new 34:664, 672
trial 47:542-545 Issuance of new non-negotiable ware-
Necessity for prejudicial error
house receipt for 20:247;
old receipt made invalid
33:250-252; by 34:218
prior issuance of negotiable receipts
Newly discovered evidence of error in 37:278
record of earlier trial rehabilitating mov- Effect
ant's witness 48:1029 Defenses, previous; how affected by nova-
tion 6:191-193
Newly discovered evidence unaccompanied
Mortgage
by affidavit of witness absent from juris- securi
diction 21:449 how affected 6:193-194
Newly occurring evidence Payment to original proving credito
dam
excessive 46:72 charge of obligation 9:431
New York rule as Surety: to the theory
whether released of the
by novati
pleadings 32: 66, 179 6:193-194
Prejudicial conduct by trial judge
Pleading and proof
25:92; 33:956 Assent of creditor to novation: demand
Prejudicial remarks by court within hear-
upon new debtor as evidence 9:220
ing of jurors 16:69 -how proved 15:792
Reversal of costs I:129 Failure to plead, in action
Smallness of verdict casting gation: suspicion effect
upon 9:431
jury's finding of liability 48:12I
NUISANCE
Statement in verdict indicating jury's erro-
neous measure of damages as ground for In general
new trial 37:510 What constitutes
Uncertainty at first trial
Equitable as to extent of
relief
plaintiff's injuries 17:576 Recovery of damages
Verdict for an amount less than that to Accrual of actions
which plaintiff was entitled 34:218 Public nuisance
Violation of witness's privilege at former See also Constitutional Law, Equity, Emi-
trial IO:526 nent Domain, Injunctions, Intoxicating
NEWSPAPERS Liquors, Municipal Corporations, Torts,
Waters.
Newspapers and contempt of court
48:885-910
NOTICE In general
See also Agency, Attachment, Bills Incomplete
and privilege to commit nuisance
Notes, Choses in Action, Constitutional 50:1243
Protection to aesthetic desires
Law, Corporations, Disseisin, Equity,
Insurance, Landlord and Tenant, Lis 50:1241-1242
Pendens, Recording and Registry Laws,What constitutes
Suretyship, Taxation, Trusts. Action in reliance upon parol license
Notice in equity 34:137-160 26:460; 27:285
Transferee's notice of plaintiff'sAdvertising
rights ason the outside of omnibuses as
distinguished from lis pendens 47:1r025 nuisance 21:445; 22:379
Condition due to natural causes as nuisance
NOVATION
I2:63
See also Accord and Satisfaction, Compo- of nuisance commenced by
Continuation
sition with Creditors, Contracts,predecessor
Insur- 39 Ir9, 134
ance, Landlord and Tenant, Partnership,
Dangerous agency erected under
Suretyship. franchise 30:377, 404
What constitutes Explosives: keeper liable as for
Analysis of the doctrine 3:340; I6:147
I5:771, 792 Flight of airplane 50:727729
Assignment of claim distinguished Illegal
from use of highway by street railw
novation 6:188-189 I4:295, 304
Assignment of insurance Injurious business carried on
policy in convenien
with co
sent of insurer 38:10o and proper location 6:51
Assumption of debts: reorganization
Injury to private ofproperty by ra
corporation I4:53r, 544 27:39I
Beneficiary's suit distinguished "Jitney
frombus" as nuisance 29:437
nova-
tion 9:239-240 Landlord's liability for disrepair - enlarge-
Creditor, substitution of new
ment of concept of nuisance
6:187-189; I6:308 50:740-748

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NUISANCE - OBSCENITY 525
References in heavy-faced type are to LEADING ARTICLES; in italics
CASES. The figure in front of the colon refers in each instance to the volu

Lights offending the senseRecovery of beautyof damages


segamad fo yrevoceR

20:43-44 Infringement of easement: recovery for in-


-ni rof yrevocer :tnemesae fo tnemegnirfnI

Noisy printing machinery in district de- jury to other than dominant tenement
tnemenet tnanimod naht rehto ot yruj

voted to printing trade I9:474 o9:62 26:90


Nuisances in city streets authorized by Nature
city of action for prospective injury to
ot yrujni evitcepsorp rof noitca fo erutaN

realty from continuing or "permanent


34:439 tnenamrep " ro gniunitnoc morf ytlaer

Obstructing abutter's view from highway


nuisance" 37:577-580, 589-601
106-985 ,085-775:73 " ecnasiun

by awning extending over sidewalk Nominal damages recoverable when no real


laer on nehw elbarevocer segamad lanimoN

40:136 482:2I ;534:9 enod tey si egamad damage is yet done 9:435; I2:284
Obstruction of dock 21:544 Prospective damages for nuisance threaten-
-netaerht ecnasiun rof segamad evitcepsorP

Permitting exhibition of fireworks


8iz:ii ecnetsixe gnol gni in the
ing long existence II:Ii8
street 21:543 Recovery by lessee of premises af
detceffa sesimerp fo eessel yb yrevoceR

Projection of 3parts 33:02 ;541:6i ;745of building


:41 14:547; I6:145; 20:333 ab
joining land I9:369, 382 Recovery by one having no rights in the
eht ni sthgir on gnivah eno yb yrevoceR

Saloon a nuisance per se although property


licensedaffected I8:68; 21:633;
;336:I2 ;86:8i detceffa ytreporp

7:487
o67:62 26:760
Stable as nuisance per se I4:39I I45:9 fo thgir ,renoisreveR
Reversioner, right of 19:541
Stove tending to heat wine cellar as nui-
Who bears cost of abating 38:119
gii:83 gnitaba fo tsoc sraeb ohW

sance 4:185
Theory of snoitca fo laurccA Accrual of actions
the " permanen
37:589-593Time of accrual of action for prospective
evitcepsorp rof noitca fo laurcca fo emiT

Trespass and nuisance 37:581 damage from continuing injury to land


dnal ot yrujni gniunitnoc morf egamad

Tuberculosis sanitarium 24:407 106--985 ,085 ,775:73 37:577, 580, 589-601


Undertaking establishment and morgueWhether action accrues until substantial
laitnatsbus litnu seurcca noitca rehtehW

in residential district 33:613 ;482:21 ;534:9 dereffus si egamad damage is suffered 9:435; 12:284;
241:3I I3:142
Equitable relief ecnasiun cilbaP Pdblic nuisance
"Balance of convenience " doctrine applied Abatement of statutory public nuisance by
yb ecnasiun cilbup yrotutats fo tnemetabA

to enjoining private nuisance 5,4:51 laudividni


individual 15:4I5
22:596, 613 Abatement at suit of mun
-aroproc lapicinum fo tius ta tnemetabA

Consideration of public convenience54in suittion 23:645


6:32 noit

for injunction to restrain nuisance Enjoining public n


egral gnidulcni( ecnasiun cilbup gniniojnE

22:61; 37:587-590 strikes): the Prog


-gigi ,wal eht fo ssergorP eht :)sekirts

Developments - 1933 47:1201-1202 704-593:43 0291 1920 34:395-407


Discretion of court to refuse relief on Injunction against sta
-iun cilbup yrotutats tsniaga noitcnujnI

grounds of public convenience 28:IIO sance by individual 39:506


6o5:93 laudividni yb ecnas

Enjoining business violating zoning ordi- Injunction at suit of private citizen to re-
-er ot nezitic etavirp fo tius ta noitcnujnI

nance as public nuisance 38:692 strain public nuisance 22:I37, 148, 541;
;I45 ,W ,731:22 ecnasiun cilbup niarts

893-793:43
Injunction against nuisance on certain land 34:397-398
to be binding on grantees ignorant ofInjunction obtained by street railways
syawliar teerts yb deniatbo noitcnujnI

the injunction 21:220 against competing jitneys 34:400


004:43 syentij gnitepmoc tsniaga

Injunction against obstructing Interference with fishing right on navi-


abutter's
-ivan no thgir gnihsif htiw ecnerefretnI

view from highway 40:136 66:ii revir elbag gable river II:66
Liability to individual f
Injunction to restrain continuing injury to
gninnur lagelli rof laudividni ot ytilibaiL

realty 37:577-579 403 ,592:41 srac teerts fo


of street cars I4:295, 304
Injunction to restrain Municipal
nuisance tortbefore
liability upon theory of
fo yroeht nopu ytilibail trot lapicinuM

plaintiff has obtained judgment nuisance at 46:306-308


law
8o3-6o3:64 ecnasiun

when plaintiff's right is Nature


disputedof liability
22:65 for injuries to
etats ot se'lru'jn'i rof ytilibail fo erutaN

264:nuisance
Injunction to restrain continuing 53 35:462
14:458 Nuisance created by plaintiff as d
ni esnefed sa ffitnialp yb detaerc ecnasiuN

Injunction to restrain public action for negligence


nuisance con- 47:536
635:74 ecnegilgen rof noitca

stituting crime 10:371 Special damage: necessity of showing


gniwohs fo ytissecen :egamad laicepS

Injunction when present damages


Iare4 nom-
5:9I I9:54I
inal 4:293; 28:209 Statutes declaring acts criminal in nature
erutan ni lanimirc stca gniralced setutatS

Scope of injunction as remedy public


for nuisances,
nuisance and providing for
rof gnidivorp dna ,secnasiun cilbup

equitable
1:125-126; 4:293; Io:371; relief 34:398-400
I3:142; 004-893:43 feiler elbatiuqe

14:458 Steamer blockaded by obstruction in navi-


-ivan ni noitcurtsbo yb dedakcolb remaetS

State's rights when another


853:21 revir elbag
gable river
state diverts 12:358
an interstate riverOATH
21:132, 144 HTAO

State's right when damages


Seewould afford
Witnesses.
an adequate remedy 21:132, 144
.sessentiW eeS

Statutory extension of injunctive


OBSCENITY law en- YTINECSBO

forcement 45:io96-II02 Publicity necessary for indecent exposure


erusopxe tnecedni rof yrassecen yticilbuP

Whether discretionary or of right


o9 I8:I49;
6:311 13:690
34:395 Test of obscene literature 48:5I9 48:519
--- .01. anirzhn fn fgeT

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526 OFFER AND ACCEPTANCE -PARENT AND CHILD
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

OFFER AND ACCEPTANCE -validity of condition extending beyon


See Auctions, Contracts. term of sentence 22:541
Delegation of pardoning power 41:399
OFFICERS
Distinction between pardon and commuta-
See Banks and Banking, Constitutional
tion of sentence 39:112
Law, Corporations, Municipal Corpora-
Does a pardon blot out guilt 2
tions, Public Officers. Effect as obliterating convictio
OIL AND GAS
pose of revoking suspended se
See also Mines and Minerals.
another offense 41:918
Effect of commutation of sent
Covenant for quiet enjoyment 35:90 Effect of fraud: cancellation 36:888
Federal legislation for disposition of public Effect of surrender by asylum state o
lands containing oil 50:906-908 one convicted of crime 42:277
Interest created by oil and gas lease as tax-
Effect of an unaccepted pardon upon th
able where land lies 43:505 privilege against self-incrimination
Liability for withdrawal of oil by under- 28:609, 642
ground trespass 50:703 Effect upon constitutional disqualificatio
Natural communism in oil and forgaspublic office 49 I57
47:439440Enforcement of prosecuting atto
Oil and gas conservation 43:1137-1143 agreement of immunity as assump
Oil drilling under seashore and sea court of power to pardon 46:714
47:454-456 Executive's power to pardon criminal and
Protection of inchoate dower right civil contempt 36:617
41:257
-President's power I3:620-625; I6:291,
Relief where lessor has deprived lessee of 302; 38:685
opportunity to discover oil, when its dis- Exonerative effect of conditional pardons
covery would entitle lessee to extension 39:1I3, 129
36:621 Fraudulent attempt to secure pardon
OPINION EVIDENCE
20:415
See Evidence.
Necessity of assent of person pardoned
OPTIONS I:244; 2:I8I, 231; 4I:98
Necessity
See also Contracts, Mortgages, Specific Per- of delivery: effect of honest mis-
formance, Vendor and Purchaser. representation 34:678
Pardon conditional upon meet
Devolution of rights of holder of specifi-
cally performable option 3I:281-283 ments of probation officer f
Nature of optionee's interest 48:825-828 period 4 :399
Pardon for first c
Optionee's right to proceeds of insurance
collected by optionor 47:532 vent increased pe
viction 26:644, 659; 27:767
Optionor's liability for permissive waste
48:821-828 Pardons as means of redressing err
Optionor's liability for preventing op- conviction 39:113
tionee's acceptance of option 43:495 Power of legislature to d
Rights and liabilities under option con-convicted persons compe
42:957
tracts i8:457
Unwarrantable extension of doctrine of President's power to commute 41:98
equitable conversion to 18:10-14 Privilege in petition for pardon
27:745, 765
ORDINANCES Right to appeal after accepting pardon
See Constitutional Law, Criminal Law, 13:148; 41:534
Municipal Corporations.
PARENT AND CHILD
PARDON In general
See also Bail, Constitutional Law (Execu-
Custody and control
tive powers), Criminal Law, Witnesses.
Support and education
Acceptance of conditional pardon as con-and earnings
Services
LOss of services
sent to modification of sentence 39:112
Availability of pardons and commutations
Torts of child
as means of conditional release 39:111
Torts between parent and child
Collateral attack on pardon in habeas Emancipation
corpus 38:393 See also Adoption, Agency, Bankruptcy,
Commutation of Conflict sentence, revocatio
of Laws, Contracts, Contribu-
41:670 tory Negligence, Divorce, Domicil,
Conditional pardons 2: x81, 231 Guardian and Ward, Infants, Legitimacy,
--effect of declaring condition void Negligence (Imputed negligence), Se-
4I:399 duction, Torts.

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PARENT AND CHILD 527
References in heavy-faced type are to LEADING ATICLES; in
CASES. The figure in front of the colon refers in each instance to

In general siding in state, where father was not


Admissibility of declarations of deceased domiciled or present within state 41:255
husband and wife to rebut presumption Reciprocity of rights and duties between
of legitimacy of child born in wedlock parent and child (support, custody, serv-
42:1079 ices) 42:1'2-115
Agency in holding land 20:410 Refusal by equity to c
Breach of marriage promise: parent'sportlia- minor child 33:729
bility for causing same 17:198 Where parent is beneficiary of
Declarations bastardizing issue 17:r87,thrift trust 43:64-68
202; 25:746
Parent's liability for injuring child Services and earnings
I7:36I; 37:275 Parent's right to services of child 21:66
Parent's right to writ discharging infant Reciprocity of rights and duties between
son from army 22:144 parent and child (support, custody, serv-
Recent legislation concerning legitimacy ices) 42:112-1r 5
36:96 Right of child's mother t
Right of child to attack collusive ing lifetime
decree an- of father 37:505
nulling marriage of parents 43: i61 Loss of services
Abduction of child: relation of master and
Custody and control
servant not essential to recovery 27:94
Agreements concerning custody: liability of
parent 29:338 -right of parent to recover damages
Award of custody without
whenproof of loss of services 43:967
defendant
Death of child: child's consent to operation
child out of state 45:III4
20:154
Burial expenses of child 13:306
Child's right to maintenance 21:66 -contributory negligence of other parent
Effect of enlistment on duty to support as a bar 29:99
34:334
- what damages recoverable 2:189;
I2:140
Jurisdiction to determine the custody of
children 41:647-650 Effect of Workmen's Compensation Acts
No capacity to sue parent for allowing minor
personal to recover 38:268
tort
38:383
Injury to child: what damages recoverable
Parent's liability for tort to child 2:189; I2:140, 283; 20:149
Right of parent to recover for malicious
43:1056-1081
alienation of
Reciprocity of rights and duties child's affections in absence
between
of enticing or loss of services
parent and child (support, custody, serv-
ices) 42:112-I5 Torts of child 40:771-774
Right of parent to recover damages for ab-
Father's
duction without proof of liability
loss forof wrongful
services use o
43:967
torcycle owned and driven by son
Validity of contract transferring custody 43:133
Knowledge of previous commission of simi-
44:858
Support and education lar dangerous act 28:330
Liability
Application of full faith for automobile
and accidents of
credit clause tom
final decree for child nors - common
support law and47:712
legislation
Decree compelling father to support 48:498-503
minor
Liability of parent to occupant of autom
child 42: 14
Father's obligationbile
to forsupport
negligent operation
childby child
in
custody of effect of New
divorced York Highway
mother Law
10:4
15:494, 495; 33:728; 39:901 ? 282(e) 41:90
Father's obligation to support child living Parent's liability for
with mother apart from him 9:488; automobile 28:9r, I00
10:454 Torts between parent and child
Liability of father of adult pauper for his Acts affecting the person 43:105
support under Scotch law 33:14-15 Acts affecting property 43:1057
Obligation of father to support illegitimate Considerations influencing the court
child 36:1oo 43:1072-1077
Parent's rights Infant's
in religious educat
recovery for tort of parent
child: in general 17:128, I37; fusing to recognize child as legitima
29:485-500 fraudulently inducing third pers
- early English law 29:485-487 claim paternity 4I:I03
-law in United States 29:497-500 Liability of parent for injury to child
-modern English law 29:488-497 44:I35
Power of state to punish father criminally Minor child's liability for injuring parent
for failure to support child who was re-
44:995

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528 PARENT AND CHILD-PAROL EVIDENCE RULE
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Suggested solutions 43:1077-1081 --extrinsic evidence to show that maker


Torts between parent and minor child acted as agent 14:I53
43:1056-1081 --oral agreement by indorse
Emancipation "without recourse " above indorsement
Child's right to payment for services 3I:655
through emancipation 21:66 - oral agreement not to transfer 9:283
--oral agreement that note shall not be
Effect of enlistment on duty to support
34:334 binding 38:240
-oral agreement
Whether marriage emancipates male minor to
25:295 24:56, 6
PARKS Bond by surety: agre
of principal's default 13:6i
See Animals, Constitutional Law, Danger-
Collateral oral agreements 35:676-677
ous Premises, Eminent Domain, Munici-
pal Corporations. Contracts: addition of term implied by cus-
tom 28:639
PAROL EVIDENCE RULE
- collateral ora
Nature and scope of rule 6:338-339; 8:II8; 9:358; 10:315,316;
Substantive law expressed in terms of 139, I48; 14:230; I5:575, 582
13:6i,
evidence - exclusion of extrinsic evidence as rule of
Construction of documents
substantive law 6:338-339; I3:6i, 139,
See also Evidence.
I48; I7:271
Nature and scope of rule - oral agreement as to meaning of term in
In general 6:325-348, 417-440; 12:75; contract I3:139, I48; 38:241
I3:61; 23:302, 312 - oral agreement showing writing
Admission of oral warranty despite express tended as contract 13:6I; 14:230
disclaimer in written contract for sale of - oral agreement that written offer should
goods 43:326 remain open more than a reasonable
Application to criminal cases 34:790; time 23:302, 312
35:676 -oral warranty where written contract
Application to express and implied war- appears complete 10:3I6
-whether extrinsic evidence to show
ranties 46:1047-1048
Application to prevent showing fraud admissible
that cor- 9:358
poration carried on business Deeds: incollateral
another oral agreement
name so as to make corporation liable eral I4:533, 547
on indorsement made in that other name, - collateral oral agreement as part con-
of note made to payee in that name sideration of deed IO:315
40:494
- collateral oral agreement to sav
Exclusion of extrinsic evidence of agent's less on covenants I4:533, 547
- exclusion of extrinsic evidence as rule of
authority 44:865
substantive law 6:335
Is it more than a single rule 35:674
Justification of rule as applied to insurance -extrinsic evidence to s
contracts 47: IoIo-io1 to condition 9:156
Questions of substantive- law parol agreement that it
distinguished
from evidence 6:325-348 on condition excluded 26:182
Some suggested reforms -parol proof of conditional
in application of, deliver
to insurance contracts 47:1010-1017 35:675
-whether consideration other than that
Substantive law expressed in terms of evi- named may be shown 9:488
dence Fines and recoveries: oral agreement t
Admissibility of oral agreement varying vary declared uses 6:336
promissory note 38:391 Insurance policy: extrinsic evidence to
Bills and notes: admissibility ofshow oral part-
waiver of printed condition
nership agreement as defense to action 15:575, 582
on promissory note 40:910 - general discussion 15:575, 582
- contemporaneous parol agreement -modification by collateral agreement
44:1299 39:902
-contemporaneous parol condition -oral agreement showing rider intended
30:746 as mere bookkeeping form 39:902
-contemporaneous written agreement -asright to show agreement prior to policy
to time of demand 36:227 issued after loss 29:554
-extrinsic evidence as to character of Judgments: exclusion of extrinsi
anomalous indorser 7:373; 9:356; as substantive law 6:332-335
23:396, 399; 33:262 Legislative records: admissibility of evi-
- extrinsic evidence to show indorser joint dence to show bill signed before it was
maker 29:549 vetoed 29:10I

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PAROL EVIDENCE RULE -PARTIES 529
References in heavy-faced type are to LEADING ARTICLES; in italics to NOT
CASES. The figure in front of the colon refers in each instance to the volume.

Resort to extrinsic evidence in constructionWills: declarations of intention when leg-


of contracts, statutes and treaties atee misdescribed 1:406; 26:90
48:549-591 - declarations of intention when two per-
Sealed instrument: parol agreement that it sons exactly described I:406;
is to take effect on condition 35:675 6:417-434, 439-440; I2:210, 216, 34
Statute of frauds: connecting orally sepa- 418-420
rate parts of memorandum 9:477 -extrinsic evidence admissible to show
-exclusion of extrinsic evidence as sub- document properly executed not a will
stantive law 6:337 because no animus testandi 23:573
- oral agreement -extrinsic to show evidence to tenancy
interpret testa- fr
year to year 6:385 tor's meaning of a particular word
Wills: devisee's ante-testamentary agree- 37:278
ment to hold in trust II1:482 -extrinsic evidence to show meaning of
-exclusion of extrinsic evidence as rule terms when doubtful 7: i88
of substantive law 6:339-344 - extrinsic evidence when land not owned
exactly described 3:383; 8:236;
Construction of documents 21:434, 452
In general 2:I83; 6:417-440; I2:417-420 - extrinsic evidence when one person ex-
Application to third parties 18:231 actly fits description 8:112; 10:I93;
Contents of writings collateral to the issue 12:210, 216, 347
11:128; I7:560, 573 -extrinsic evidence when subject of gift
Contracts: admissibility of trade usage to or beneficiary thereof is misdescribed
contradict statutory definition 39:122 35:678-680
Declarations of intention: admissibility as -proving a paper drawn as a deed to be
basis of construction 1:406; 6:417-434, a will by parol evidence of animus tes-
439-440; 12:210, 216, 347, 418-420; tandi 2I:451
37:278
Deed: extrinsic evidence when one of two PAROLE
lots exactly fits description 7:497 See also Criminal Law (Reforms).
- extrinsic evidence when one of two per- Conditional parole: recommitment for
sons exactly described 14:230 breach of condition after term of sen-
-how far extrinsic evidence is admissible tence expired 27:595
to vary recital of consideration 25:663Limitations on efficacy as m
Equity practice: rule as to excluding decla- tional release 39:111
rations of intention 6:427-430 Parole obtained by fraud of
Facts known to writer: admissibility as 40:902
basis of construction 3:383; 6:434-436; Predictability in criminal justice
7:188; 8:1z2, 236; Io:I93; I2:21O, 2I6, 42:297-329
417-418 PARTIES
Latent ambiguity: declarations of intentionSee also Appeal and Error, Equity, Fed
as basis of construction 1:406; Equity Rules, Procedure.
6:417-434, 439-440; I2:210, 216, 347,Actions against defendants in the alte
418-419 tive 35:466
-equivocation shown by will itself Bills of peace w
12:347 45:1297
Parol evidence admitted to show bequests
Consolidation
substitutional 17:I4I Contempt proce
Patent ambiguity: meaning and
named propriety
in injunction 46:1311-1317
of term 6:422-425, 436-439 Counterclaim against plaintiff and another
Recent developments in interpretationin of
the alternative under the Judicature
wills 49:689-714 Acts 33:614
-extrinsic evidence Cross-claims
disturbing "plain
and
meaning " 49:690-698 5o:1027
-extrinsic evidence to combat erroneous Extinguishment of
description 49:699-705 ests by decree 44:378-403
In old
-testator's direct statements of action of account 45:487-493
meaning
49:705-712Intervention 50:1030-1031
Supplementing the minutes of-aby
city coun-
state in foreclosure of railro
cil by parol 34:679 gage 38:694
Testator's statements and circumstances
Intervention in i
determining intention to make
ruptcy Act,gift
? 77B to
49:1 60-1163
class 49:909-911 Joinder of causes of action with diversity
Warranties: proof by of parol though not
parties 50:1021-1025
mentioned in contract of sale
Joinder of principal and wilfu
21:565-566 30:525

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530 PARTIES - PARTNERSHIP
References in heavy-faced type are to LEADING ARTICLES; in ita
CASES. The figure in front of the colon refers in each instance to the

Joinder of promisor and -one inducing


undivided sharesan-in fee in posses
ticipatory breach of contract 44:306 42:35
Necessary and indispensable parties
Power toorsuits
of life tenant remainderman to
extinguish other interests by judicial
against inferior federal officers
50:796-802 process 42:30-75
Necessary and proper parties in
Power of lifestate
tenants tocourt
bind remainderman
equity practice 48:995-10oo by voluntary partition 26:275
Necessary parties in general I8:57, 65 authorizing judicial sales in case
Statutes
Necessity of joining beneficiaries in where
suit future
to interests are limited
establish antecedent claim to trust res 42:63-73
- extinguishment of contingent future in-
49:344
Parties to an action 44:786-787 terests at suit of owner of present estate
Pledgee not an indispensable party in pro- 42:63-67
ceeding to recover assets pledged -extinguishment
ultra of either a present or a
vires 50:981 future interest at suit of any person in-
Procedural difficulties terested in42:71-73
drafting c
tive negligence - and contribution
extinguishment s
of ve
50:151-154 at suit of the owner o
Proof in bankruptcy by a trustee for bond- 42:67-71
holders 46:309-314 Statutes authorizing
Quieting title, virtual representation future interests are limited
bind- 42:62-73
ing subsequent claimants 41:543 Use of upset price in partition sale 47:1442
Representative actions under the codes
36:89, Io PARTNERSHIP
Right of a city to enjoin collection of a Nature of partnership
state tax 42:134 Uniform Partnership Act
Right of minority bondholders Partnership property to interve
in foreclosure suitRights, duties, and liabilities
to challenge reorganiof par
zation 47:530 inter se
Right of salesman Rightsof and remedies of creditors
a corporation
join striking employees Limited partnership without jo
the corporationRights as of partnership and
party partners
plaintiff
34:332 against third persons
Retirement and admission of partners
Right of third parties to intervene in di-
vorce proceedings 39:1090 Dissolution and winding up
Settling liability of joint tortfeasors Pleading inand procedure
single suit 49:314, 318-319 See also Bankruptcy, Conflict of Laws,
Unincorporated associations 42:999 Constitutional Law, Corporations, Gar-
Unrecognized foreign government as de-nishment, Good Will, Joint Adventures,
fendant 35:768 Landlord and Tenant, Receivers, Res
Judicata, Taxation, Trade Marks and
PARTITION Trade Names, Trusts.
See also Equity, Estoppel, Tenancy in
Common. Nature of partnership
Among co-tenants 42:30-32 In general 29:158-192
Extinguishment of future interests Civil law commercial societie
by judi-
cial sale in equity without statutory pro- 3I:996-1010
vision 42:54-62 -status 15:60
- contingent interests 42:59-62 Corporators: w
-vested interests 42:55-59 when de facto
Partition statutes 42:34-54 mated 19:389
-life estate in whole in A, Criminal remainder in liability
fee in B 42:44-49 fendant's partne
-life estate in whole ding in A, such
remainder
salesin"
undivided shares in A and B 42:52-54 agent" 23:223
- undivided half in fee in possession in A, Difficulties in trea
life estate in undivided half in B, re- person 29:165-170
mainder in fee in undivided half in A Difficulties of aggregate t
42:41-44 29:162-165
-undivided half in fee in possession in A, Directors of de facto corporation: liability
life estate in undivided half in B, remain- as partners 25:47I
der in fee in undivided half in C Dogma and practice in
42:36-41 tions 42:977-1014
- undivided share for lives in A and B, re- Effect of war on part
mainder in fee in C 42:50-52 ligerents 33:372

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PARTNERSHIP 53I
References in heavy-faced type are to LEADING ARTICLES;and in
in italics to plain
NOTES; typ
CASES. The figure in front of the colon refers in each instance to the volume.

Entity theory: in general 6:Io6; 7:426, ? 25 40:736


437; 8:6I, 361; I0:250; 11:479, 552; ? 25(2C) 41:664
I3:6I; I4:145; I7:207; 20:589-592; ? 35 29:302-305, 311-312
? 38(I) 29:305
22:394-397; 37:795-798
? 4(h) 29:306-307
-disregarded in income taxation 34:573
- history 28:762-769 ? 4o(i) 29:307-309
-jurisdiction over firm ? as 43
entity 29:309-311
Criticism 28:762-789
37:793-833
- reasons for adopting as Desirability
basis of of adoption
Uniform 29:312-313
Partnership Act 29:839-850 Nature of partnership under the Act
-under Uniform Partnership Act 29:158, 171-173
28:769-776 Reasons for adopting entity theory as basis
Labor copartnership in industry for the Act 29:838-850
35:910-925 Theory of the Act 29:162-173;
Liability of stockholders in defective cor-
porations 40:521-566, 733-751 Partnership property
Limited partnership: distinguished from Assignment for creditors by part
corporation 14:222 on firm title I0:250
- how constituted 8:301-302 Bankruptcy of only surviv
Limited partnership associations whetheras legal firm assets pass t
entities I7:194 23:639
Limited partnerships and
Comparison theandconflict
of the English American o
laws 44:615-618 rules in regard to partnership real estate
Nature of partner's interest: in general 22:401402
7:437; I0:250; II:552; I4:145 Condemning property owned by partner-
- as affecting provision against double ship in- partly composed of alien enemies
surance I9:624 29:795
-"tenancy in partnership" Conversion of firm property into29:17 separate
Nature of partner's interest
property 39:250 in firm
erty under entity theory
Conversion of firm and aggr re
theory 39:247 agreement II:552
Partner's right to collect workmen's
Conversion of realty int com-
pensation as dependent of partnership's 23:553, 570
deceased employee 49:155 - underlying principle of English doctrine
Partnership an entity, but not a legal per- of out and out conversion into personalty
sonality 29:158-162 of partnership real estate 22:397-401
Partnership distinguished Conveyance from a joint to firm ad-as firm: effect Io: 88;
venture 33:852 19:219
Position of a partnership under
Difficulties the what
in determining Bank-
constit
ruptcy Act 37:614, 621 a fraudulent conveyance 29:296-29
Possibility of limited partnership at com-or larceny of partners
Embezzlement
mon law 36:10 or6-17 property by partner 39:249
Power of corporation to form Firm a partner-
name as part of goodwill--duty of
ship 46:519 surviving partner to account for contin-
Right of corporate ued creditor
use of firm name to 4I:803parti
in distribution of bankrupt
Fraudulent stockho
conveyance: relevancy of theo-
assets when the ries law of ofthe
of nature partner'sstate
title 39:249m
a stockholder ratably personally
-Uniform Partnership Act 28:776-778 l
for the debts of the
Majority's powercorporation
to change the partner- 4
Sharing of profits and
ship businessintention
8:300-316, 396-414 of p
as tests 2:80o; 8:6i; I2:508; 39:276 Nationality of commercial house deter-
Single transaction: possibility of partner- mined by place of business 31:991-996
ship for 19:387 Nature of partners' interest in specific part-
Whether treated by courts
nership and legislatures
property 39:247, 277
as legal person 29:174-192 Power of partnership to acquire and con-
vey title to real estate in partnership
Uniform Partnership Act name: Uniform Partnership Act
? 6 40:736 28:778-779
? 6(i) 36:o z18; 40:522 Purchase of partner's interest: nature of
? 7 40:525 title acquired 7:437
? 7(4) 40:739 Rights of transferee of one p
? 8(3) 29:298-299 Sale of firm assets by less than
? 9 () 29:299-300 partners: validity I4:145
? i6 29:300-302 Scope of the partnership exception to
? i8(h) 29:302 Statute of Frauds 42:934-938

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532 PARTNERSHIP

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Taxation of nonresident partner on his in- Administration of partn


terest in local partnership property nership bankruptcy 4I:1044-1048
30:90 Against insane partner for debts contracted
Under Uniform Partnership Act after adjudication of insanity 23:149
28:771-780 Against non-adjudicated partner of part-
nership discharged in bankruptcy
Rights, duties, and liabilities of partners 37:6I4, 62i
inter se
Assumption of debts by continuing part-
Act of bankruptcy by one partner: effect ner: suit against partners jointly
on firm property and on nonassenting 19:139
partner 25:81 Assumption of debts by new firm: direct
Action by trustee suitin liquidation
by creditor 9:220; 15:792 of
note made by stranger - distinguished from when he
trust for creditors
partner 23:487 12:564
Administration of partner's
-whether suretyship relationassets
7:498; in
nership bankruptcy 41:1044-1048 8:56
Authority of one partner to enter an ap-Attachment when all partners citizens of
pearance for the firm 37:832 another jurisdiction 8:36I
Compensation out of firm assets for Bankruptcy
serv- of firm and partner: or
ices rendered after dissolution 23:646 proofs and marshalling 4:333; 7:436;
Criminal liability for forgery 20:418 II:552
Duty to account for use of property and Bankruptcy of partner: rights of firm and
time belonging to firm 46:36 separate creditors 10:314
Equitable mortgage by survivor: right of
Bankruptcy of surviving partner c
deceased partner's representative ing business: order of proofs 13:412
I9:54I Conveyance of partnership business fraud-
Judgment of directors of corporation can- ulent to creditors of one partner 25:564
not be controlled by a partnership agree- Creditor a firm having common member
ment between two stockholders 23:551, with debtor firm 11:479
567 Creditor of ostensible partnership
Liability of partner's separate estate to con- ing apparent firm assets after ind
tribute to payment of partnership liabili- creditor 21:292
ties: Uniform Partnership Act Distribution of asset
28:784-786 nership and partners I8:495-504;
Nature of deceased partner's interest 27:95
21:221
Effect of limited partnership and joint
Outside transactions by partner: copart-
stock company statutes on power of
ners' right to share in profits partner 7:436
to avoid personal liability by
Partnership for an illegal purpose restricting agent's authority 39:276
41:65o-65I Firm creditors' rights against partners
Partnership for illegal purposes: whether 20:596, 603-604; 39:276
accounting enforceable 9:545; 24:679 Garnishment by firm creditors of debts due
Property held by deceased partner on con- partner 14:71
structive trust for the firm 41:541 Injustice to creditors under the "legal
Purchase of partnership chattels by one person " theory of partnership
partner 35:622 29:165-167
Right of partner to maintain
Liability trover
of national bank acquiring shares fo
authorized sale ofinpartnership partnership 17:407 prope
25:74I Married woman a partner: liability of
Right to contribution for costs of successful separate estate 7:240
defense of unwarranted suit after dissolu- Ostensible partnership: righ
tion of partnership 34:219 tors 9:433; 0o:49
Rights and liabilities of an infant partner
Partnership for an ille
40:472-476 41:652-653
Secret agreement for future partnershipRecord in partner's name of land bought
with lessor of firm premises 35:622 with firm property 7:379
Surviving partners as fiduciaries towards Remedies where no personal jurisdic
estate of deceased partner I4: 45 over all partners 37:793-833
Validity of judgment obtained at home of Right against dissenting partner 35:7
partnership against absent partner Right of partnership creditors to share
21:285 individual estates 17:132; I8:390;
Rights and remedies of creditors 29:306-307
Action on a foreign judgment against a Right of separate creditor of one partner to
partnership where not all partners were seize firm property on execution 39:248
served 37:793-835 Right to set aside dispositions of partner-

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PARTNERSHIP -PARTY WALLS 533
References in heavy-faced type are to LEADING ARTICLES; in italics to
CASES. The figure in front of the colon refers in each instance to the volum

Effect on liability
ship property: Uniform Partnership Actof surety 29:460
28:771-778 Effect upon contracts 18:392
Rights of creditors of ostensible firm over Effect upon right to use firm name 29
assets under Uniform Partnership Act Fiduciary relation after dissolution
29:300-302 33:869
Transfer of firm property, after insolvency Notice of dissolution: Uniform Partner
9:433; 1:552 Act 28:782-783
Limited partnership Partnership for ill
Liability as a general partner for non-
tice of dissolution
- whether accoun
compliance with statutory provision
36:1017-10r8 Right of partner to
Liability of special partner to firm creditors ices rendered the receiver after dissolu-
after dissolution of partnership and re- tion 23:646
payment of his capital contribution Right of survivi
43:1162 for services in winding up 33:1070
Status for diversity of citizenship jurisdic- Right of third person without notice to
tion 47:135 hold member of partnership on grounds
of estoppel 9:545; 23:149
Rights of partnership and
Rights and duties of part
surviving partne
third persons contracts for personal service 33
On note made before retirement
Sureties of firm: whether absolutely
firm 23:487 charged 14:627
Partner's right to claim exemption
Termination of contra
firm property I3:61; 39:250 and client I8:69
Power of partners to bind partnership:
Validity of decree agains
Uniform Partnership Act 28:779-781 21:285
Right of partners to prefer individual
Winding up profession
creditors 39:249 33:1070
Pleading
Set-off of debt due firm and procedure
against debt owed
by partner 9:289 Actions against partnerships in their firm
Set-off of firm account name against partner's
37:793-804, 808-815
debt to insolvent bank 47:xo69 Effect of appearance in the firm nam
Suit by firm after suit by resident partners 37:793-795, 811-812, 83
barred 10:314 Infant partner: form of judgment a
firm 8:361
Retirement and admission
Limited ofpartners
partners
Effect of retirement
to on nationality
actions 17:194
3I:1004-1010
Method of suing on stat
Effect of subsequentagainst
change of personnel
partnership in its
judgment against a partnership
jurisdiction limite
having no su
to execution out of firm assets 37:83
37:794, 822-
Good-will sold to firm by retiring
Misnomer partne
of partnership
right to compete 5:412; liability
partners' 6:52; 22:14
on ju
Liabilities of retiring partner to third p
sons: Uniform Partnership PART PERFORMANCE Act
28:783-784 See Contracts, Rescission, Specific Perform-
Liability of nominal partner for injury to ance (Part performance with compensa-
invited person 28:331 tion), Statute of Frauds.
Notice of retirement: effect of insufficient
notice 14:627 PARTY WALLS
-who entitled I4:23I Compensation from adjoining owner fo
use of party wall built without his con
Dissolution and winding up sent 21:222
Apportionment of profits between life ten-
Covenant to s
ant and remainderman 36:348 benefit reser
Attempted dissolution while insolvent: -running of
when creditors may attack 1:552 I4:296
Dissolution of foreign partnership by decla- Covenant to share cost of wall if used as a
ration of war 35:337 real covenant 37:308-317
Dissolution of insolvent partnership toof
Nature ob-
adjoining owners' rights in
tain individual exemptions in bankruptcy 3:187
41:664 - on boundary line 37:305
Duty to account on dissolution: Uniform
Non-builder who agrees to pay f
Partnership Act 28:787-788 upon use comparable to covenant
Effect of declaration of war 40:138
der equitable servitude 37:31

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534 PARTY WALLS -PATENTS
References in heavy-faced type are to LEADING ARTICLES; in italics
CASES. The figure in front of the colon refers in each instance to the vol

Part-owner's right to repair Novelty: tests of novelty 6:151; 13:62


or rebuild
7:499 Previous abandonment as a bar 27:285
Party wall agreements: as real covenants Proceeds of patent void because not taken
37:301-322 out by inventor as subject of trust for
- excepted under New York rule that the inventor 46:861
burden of a covenant may not run with Proposed legislation
the fee 37:318 signs 46:1196-1200
--legal theory and Proposed patent
judicial law rev
practice
37:301 Purpose of the patent la
Theory of future passage of title to bound- Recognition of legal righ
ary wall upon payment for use as agreed 47:1419-1428
37:309 - schemes calling for use of tangible article
Wall thickened by one owner, under ordi- 47:1423
nance: other's liability on using 8:171 -scientific discoveries 47:1427-1428
Whether the burden of a covenant to pay -scope of protection for processes
for the use of a party wall " touches or 47:1421-1423
concerns the land" 37:308-309 Re-issue of patents 6: 15
Res judicata in patent cases 40:505
PASSENGERS Specific part of invention patented: effect
See Carriers, Railroads, Street Railways. on entire application 9:538
Title to patent perfected at expense
PATENTS
time of employer 36:468
Title to patent perfected pursuant
See also Agency, Conflict of Laws, Con-
tract of employment 36:468
structive Trusts, Copyrights, Execution, Trust of patent void because not taken
Injunctions, Licenses, Municipal in Corpo-
inventor's name 48: 162-II63
rations, Public Lands, Restraint of What are patentable processes: whether
Trade.
test is chemical or mechanical 19:30-49
What constitutes reduction to practice of
In general emergency device 45:191
Applicant's right to patent passing to trus-
tee in bankruptcy 36:878 Infringement
Combination of old elements as invention Accounting: for profits not due in w
36:627 in part to infringement 20:631-632
Declaratory relief in patent litigation - right to accounting of profits
49:r355-1356 in equity 24:583
Assignment of past inf
Development of radio patent pool--the
radio consent decree 46:901-911 36:1035
Assignor
The doctrine of intervening rights in patent of patent not
reissues 44:959-963 patent claims from sh
of the art 38:692
Effect of federal "anti-trust laws" on
Claim to profits made by
combinations between applicants for
patents 37:1142 the infringing business 36:42
Effect of secret Contempt
use on proceedings
right for to violation
patent of in-
junction 45:388
3I:1033
Contributory
Effect on possible equitable servitudes on infringe
chattels 41:999-1005 ented records of value
Enjoining misstatement of combination
judicialwith patented
pro- talking-
ceedings in patent suit 43:959 machine 21:150
Equity and patent law 50:183-184 Damages for loss of sales 36:42
Effect of non-user on right to injunction
Estoppel of licensee to deny validity of pat-
ent 39:638-640, 656; 44:135 20:638, 653
Extent of rights conferred by patent Enforceability of broadened reissues
3I:298, 311; 36:I035 40:788
Foreign patent lapsing before American Expiration of patent as affecting remedy in
patent issued 7:I23 equity 21:544
Forfeiture of the right Importation to patent through of pro
unexcused delay 37:482, 502 ented process as un
General use: importance in patent decisions petition 49:162
6: 15z Improvement patented
Government's right to patents obtained by vice 20:74
employee 46:149 Injunction ag
Law charts and patent fringement 12:35-44; 8:I5I; 36:I035
engineering 36:770
Nature and origin of - before
patent issue rights
of patent 3:50
12:553-556; Injunction 20:638, 653
against sale of articles to be us

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PATENTS -PAYMENT 535
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to

with plaintiff's machines, with


plies only fromknowl-
patentee invalid
edge that such use will violate buyer's 31:298, 311
agreement to buy such articles
Sherman from
Anti-trust law: how far in conflict
plaintiff alone 23:230 with patentee's monopoly 25:454, 479;
Measure of damages and profits in patent 31:439-443
causes 4I:9o6-909 State prohibiting contract by vendor of
- where the patent patented covers only
article a the
restricting partuse of
41:907-909 articles to be used with the patented
Plaintiff's misrepresentation of decree article as 21:62
grounds for vacating it 48:343 State regulation
Possession of infringing articles I4:625 20:333
Provability in bankruptcy of claims Use forof patented articles: whether purchaser
profits from patent infringement may use anywhere Io:1-7
48:1oI7 Validity of condition for use on
Purchaser of an infringing article from the non-patented accessories 46:626
infringing seller cannot set up a decree
in favor of the seller as a defense if sued Procedure
by the patentee 25:650, 668 Actions qui tam under patent laws: burden
Reasonable royalty rule applied in absence
of proof io:269-271
of express testimony 36:627 - measure of damages Io:272-274
- nature and requisites io:265-274
Recovery of damages from loss of royalties
36:41 - survival of action Io:267-268
Recovery of damages on judgment after Actual experience with trial of pate
patent annulled 22:386 counting in open court 36:48
Remedy for infringement byCost and delay
federal gov-involved in reference to a
ernment 38:IIo8-IIo9 master of questions of patent accounting
Right to recover both profits and damages 36:35-36, 46
in equity 36:759 Counterclaim for declaration of invalidity
Rights and remedies of patentee
of patent in suit for its infringement
3:206-212 50:357
-right to limit resale Desirability of of
price a singlea court
patented
of patent ap-
article 27:73, 96 peals I8:2z7
Rule of reasonable royalty 36:43 Effect of the ne
Selling unpatented records of value only
procedure 36:33, 36, 37
when used in combination with patented
Estoppel of applicant for failure to
talking machine 22:614 claims at prior interference 5
Use by government 29:339 Nature of action adjudicating pate
Violation of anti-trust laws as a defense plication 40:325
45: III8 Plaintiff's announcement
Extent of use of patent for patent infringement
Assignment of territorial rights: protection refusing dismissal withou
by restrictive covenants Io:1-22 43:319
-agreement to assign future improve- Statutory compensatory damages measured
ments 19:542 by owner's license fees without interest,
-rights of purchasers of articles
regardless of infringer's profits 2I:293
10-22
Suggested procedure for trial of patent ac-
Effect of the federal
countings" anti-trust
in open court 36:38-48 law
commerce in patented articles
Trial of patent accountings in open court
28:394-406 36:33-50
Employer's license in patents of employee What constitutes an interlocutory decree
36:469
Illegality of restriction in lease tying pat-PAUPERS 30:653
ented supplies to patented machines Liability of pauper and pa
50:14I 20:153
Poverty and civil litigation 36:361-404
Injunction refused to restrain use of pat-
ented articles by public officers 24:155
Patent monopoly and patent pools: the PAWNBROKERS
See Pledges.
end of one and the beginning of the other
45:150o-156
PAYMENT
Restraint of trade: whether agreements by
patentees are illegal 19:125 See also Accord and Satisfaction, Bills an
Restriction that user buy unpatented Notes, Quasi Contracts.
supplies only from patentee valid Application of payments on running
25:641, 668 count part of which is secured 40:65
Restriction that user buy unpatented sup-
Creditor's right to apply payment to de

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536 PAYMENT -PHYSICIANS AND SURGEONS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; a


CASES. The figure in front of the colon refers in each instance to the volume.

barred by statute of limitations 2I:623,


Fixtures, Future Interests, Gifts, History
633 of Law (Property), Liens, Pledges, Pos-
Notes as payment of insurance premiums session, Replevin, Sales, Salvage, Statute
39:496 of Frauds, Taxation, Trover and Con-
Payment of interest by obligor of two version, Waters, Wills.
bonds to obligee of both without express
appropriation by either party applied byPERSONS
law to older debt 22:614 See Adoption, Constitutional Law, Curt
Payment on a running account part Domicil,
Divorce, of Dower, Drunkard
which is secured 31:311 Guardian and Ward, Husband and Wi
Voluntary payment to a foreign adminis-
Infants, Insane Persons, Marriage, P
trator 42:597-609 ent and Child, Slaves.

PEDDLERS PHOTOGRAPHS
Person selling goods by sample not " ped- Right of.
See Privacy,
dler " within statute 7:500
PHYSICAL
Taxation of nonresident peddlers IO:59 EXAMINATION
See Constitutional Law, Evidence (Real
PENALTIES evidence).
See also Appeal and Error, Bankruptcy
(Provable claims), Conflict of Laws, PHYSICIANS AND SURGEONS
Damages (Liquidated damages), Equity. See also Agency, Assault and Battery,
Basis of principle against penalties Damages, Evidence, Privacy, Right of;
46:32-33 Privileged Communications, Witnesses.
Development of the penal obligation Compensation: reaching the interest of the
29:117-123 beneficiary of a spendthrift trust 43:69
Jurisdiction of equity to relieve against Consent to operation: necessity of pa-
penalties: development 29:123-129 tient's consent 18:624; I9:220; 20:501;
26:91
PENSIONS Degree of care required of Christian Science
Effect of later increase of pay in rank "healers"
held 17:I37
by beneficiary 40:504 Duty of secrecy I0:123
Vested right in pension granted Effect
by munic-of Statute of Limitatio
ipal ordinance 40:504 tion for malpractice 37:272
Injunction against illegal practice at
PERJURY of neighboring physician 47:I204
See also Criminal Law, History of Law Instructions of patient: liability for dis-
(Evidence), Judgments, Witnesses. regarding same I0:376
Ground for vacating judgment on arbitra- Liability: for advice negligentl
tion award 49:327 14:66
Liability of witness ignorant - for communication
of his privi- to landla
lege against incrimination II:267 tient was suffering from syph
Material testimony in grand jury investiga- 34:312, 335
tion 40:780 -for consequential damages arising from
Perjury of witnessnegligence
as ground 10:303 for
- for negligence of assistant 34:563
36:1033
PERSONAL INJURIES -for negligence of hospital nurse after
See Abatement and Revival, Admiralty, operation 27:492
Agency, Animals, Carriers, Corporations,-for negligent treatmen
Damages, Dangerous Premises, Employ- ticing without a license 41:54I
ers' Liability Acts, Evidence (Opinion:Liability of Christian Science " healer " for
expert testimony), Highways, Infants, deceit 7: 193
Landlord and Tenant, Master and Serv-Licensing Act disc
ant, Municipal Corporations, Negligence, practors 35:9I
Parent and Child, Privileged Communi-Operation on minor 20:154
cations, Railroads, Street Railways, Ownership of X-ray films made in
Torts, Workmen's Compensation Acts. of treatment 49:489
Patient's financial standing a
PERSONAL PROPERTY determination of reasonable value of
See Accession, Adverse Possession, Bail-
physician's services 42:584
ments, Chattel Mortgages, Confusion of
Privileged communications: between p
Goods, Corporations, Crops, Deadcian and patient 46: 149-1150
Bodies, Descent and Distribution, Dis-
- to psychiatrist 36:337
seisin, Election, Equitable Conversion, Recovery for unsolicited services
Equitable Servitudes, Estates, Execution, in an emergency 46:528

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PHYSICIANS AND SURGEONS -PLEADING 537
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Revocation of license for crime involving Defense of purchase for value 18:470
moral turpitude 43: i18, I20 Development of code pleading
Whether patient can waive statutory privi- 50:1034-1042
lege as to communications with physician Dismissal of suit with prejudice because of
29:462 repeated defective pleading 36:1025
PICKETING Dismissal on summary issues
See Labor Law. 50:1053-1054
Effect of nonjoinder of parties in bill in
PILOTS equity 36:620
Compulsory pilotage: ship-owner's Equitable
liability defenses
for pilot's acts I5:405 36:474-47
Statutes requiring employment Equitableof licensed
reply to a legal defense in the
pilots: construction and effect federal courts 35:345
I5:405 Fraud: burden of proof in n
struments 23:640
PIPE LINES
-whether general averment of fraud is
See Interstate Commerce, Public sufficient
Utilities. I5:156
History of the princip
PIRACY issue ii:148-155
See also Criminal Law, Extradition, His-
Interlocutory discov
tory of Law, International Law. ments 50:1042-1045
Intention of universal hostility as Intervention
a requi- 50:1030-1031
site of piracy 38:350-358 Joinder of causes of action 50:
Piracy: is it obsolete 38:334-360 Joinder of principal and wilful
30:525
PLEADING Lack of notice and loss to drawer of check
See also Admiralty, Equity, Federal Equity
as affirmative defense 46:845
Rules, Indictment and Information, Libel
Necessity of pleading foreign law
and Slander, Limitation of Actions, 46:IOI9-1022
Novation, Partnership, Patents, Statute
Necessity of pleading law of foreign non-
of Frauds, Trial, Unfair Competition.
common law jurisdictions 39:378, 398
Advantages of common law pleading Notice pleading 31:501-522
10:238 Pleading under Federal Equity Rul
Aider of defects: missing allegation 27:629-643;
in 29:62-74; 35:276-3
plaintiff's complaint supplied in plain- 36:474-479
tiff's reply 33:244 Pleading under ? 274(b) of Federal Judi-
Allegation of foreign law 20:74 cial Code 36:474-479, 486
Allegations in the alternative Problems of pleading where tort cont
33:244-245 tion is sought in injured plaintiff's ac
Amendment: of declaration after statute 47:233-237
has run I5:587; 23:570; 30:294 - disposition of pleadings concerning
-of pleadings 33:242-244 co-defendants 47:236-237
-of tax refund claim after period of lim-
- inconsistency of cross-claims for
itation 46:843; 47:282 ages and contribution 47:233-234
Appropriate pleading in case -inconsistency
of alteration of demand for contribu-
of instrument i8:179-181 tion and denial of liability to plaintiff
Code practice in New York 32:445 47:235-236
Common law pleading: needless technical-
-pleading claim for contribution against
ity 31:505-512 alleged co-tortfeasor-plaintiff
-compared with that in civil and canon 47:234-235
law i1:139-144, 155-157 Repeated filing of defective pleading as
Compelling election between courts contempt
at close 36:1025
of plaintiff's case 40:911 Reply counterclaims unde
Conformity of federal courts to practice of
Rules 46:342
state courts 35:602 Report of English
Counterclaim against the change
plaintiff and an-
in procedure 4:184
other in the alternative Representative
under thesuits Judica-
under the codes
ture Acts 33:614 36:89, IIo
Counterclaims in code procedure
Reversals on questions of pleading
50:1025-1027 31:506-512
Cross-claims and third-party impleader
Right to trial by jury when defendant in-
50:1027-1030
terposes legal counterclaim to equitable
Damage to person and property by40:912
complaint one
negligent act as one cause of action
Statutory provision for join
24:492, 504 ant in alternative 3I:IO34

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538 PLEADING - PLEDGES
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTE
CASES. The figure in front of the colon refers in each instance to the volume.

Striking out defective pleading


Rights 36:1026
and duties of pledgee
Sufficiency of averment of lease
Duty to show to foreclose mortgage col-
of pledgee
title in ejectment 17:284 lateral on request of pledgor 32:578
Duty ofof
Theory of complaint as sole ground pledgee
re- to sell on request by
covery 37:394 pledgor 19:47I
Theory of the pleadings
Effect of pledge 24:4
by
32:166; 33:240-242;
own bonds 47:1103-111138:528
- debentures 47:1103-1104
PLEDGES -mortgage bonds 47:1104-1111
Nature Liability after pledge in violation of con
What may be pledged ditional negative covenant in debenture
Delivery 49:62o-63r
Rights and duties of pledgee Limitation on liability of pledgee by con
Tortious disposal by pledgee tract 20:299-304
Rights of third persons Note held as collate
Loss of rights pledgee to sell I4:462
See also Bankruptcy, Banks and Banking, Power of bankruptcy court to
Brokers, Chattel Mortgages, Corpora- of pledged securities 48:1430
tions (Stockholders), Fraudulent Con- Right of pledgee with power to sell with-
veyances, History of Law (Property), out notice, to buy after pledgor has been
Liens, Usury, Warehousemen. adjudicated bankrupt 21:441
Rights of pledgee of mortgage who buys in
Nature title at foreclosure sale 22:541
Agreements varying common law obliga- Strict construction of agreements as to
tions of pledgee 29:278-279, 289-290 time, place, method and notice of sale of
Closing out accounts in margin transactions pledges 29:282-289
43:628-631 Unindorsed promissory no
Common law safeguards restricting pledgee lateral security: duty of ple
in dealing with pledged property 26:274
29:277-278 Validity of power of sale
Conditional negative covenant against corporation of its own bon
pledging in debentures 49:620-631 47:1111-1126
Pledge idea in different legal systems - debentures 47:1113-1115
io:321-350 -mortgage bonds 47:1115-1126
Right of pledgee of stock to recover from
pledgor for injury to corporation Tortious disposal by pledgee
46:1026
In general 7:243; 9:289, 540; io:65;
Transactions construed as pledges: stocks
11:201; I8:6Io
carried on margin 7:183; 15:78;
Case by pledgor against pledgee for value
19:529; 21:627
of the pledge less the debt 35:320
Transfer of pledge interest by estoppel
Case by pledgor without tender i0:65
35:458
Effect of substitution of something of equal
What may be pledged
value 29:107
After-acquired property 19:557-585;
Effect upon right
27:392
Corporations pledging their own bonds
Measure of dama
Repledging by ord
47:1093-1102 26:660
Pledge of bank assets to secure deposits
Repledging for a greater amount as a con-
47:o107-1023
version 45:1264
Seat in stock exchange 16:70 Rights of margin custom
Delivery
of stockbroker 50:99-o10
Bulky goods 35:211
Stockbrokers 37:860
Transfer of pledge without
Delivery to create pledge in future
tortious 35:320
35:318, 345
Trover against pledgee
Transfer of possession: constructive de-
pledge 13:55
livery 14:303
Trover by pledgo
--constructive delivery by wareh
ceipts where pledgor is warehouse
set-off of amount of debt 35:32r
Trover by pledgor without tender 9:289,
27:596
540
- pledgor retaining as agent of ple
12:134 Rights of third persons
Assignment of debt to one person and of
- validity of pledge when goods are stored
on pledgor's premises 21:61 pledge to another 35:318, 345
- whether essential 12:134; 14:303 Contribution between owners of stock

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PLEDGES - POST-OFFICE 539
References in heavy-faced type are to LEADING ARTICTES; in itali
CASES. The figure in front of the colon refers in each instance to the v

wrongfully pledged 17:565; 22:133, Bulky goods locked in room


142; 37:877; 50: o z1-04 livered 35:211
Innocent purchaser: pledgee of note Constructive posse
II:194; 23:479 doctrine 14:389
-pledgee of warehouse receipt I4:380 Control of safe depo
Insurance policy pledged: rights of bene- curities in box of depositor 27:597
ficiary 13:682 Delivery as a requisite in the sale of chattel
Wrongful sale of stock property by35:797-814
bank presid
liability of bank 29:339 Lost goods - right of taxi-dr
erty discovered by passenge
Loss of rights 46:716
Nature
Effect of delay on pledgor's right and essential elements 6:443;
to reclaim
29:222 19:196-213; 49:1086-1088
Lien of pledgee: whether lost by delivery
Possession of personalty as a source of title
to pledgor as agent 9:159; 12:134; under Spanish Civil Code 31:1093
28:21I Possession of unknown contents of re-
--whether lost by sale or re-pledge ceptacle 21:64, 223
Possession or right thereto
9:289, 540
--whether lost by unauthorized substitu-
action for conversion 4
tion of goods behind warehouse receipt
Right to possession: whether
27:598 sale of land 3:315
POLITICAL PARTIES Rights and liabilities of a
See also Constitutional Law, Elections. 29:731-751
Authority of executive committee to bor-
Rights of adverse holder of chattels
row money 23:313 3:38-39; 34:681
Equity jurisdiction over constitution
Rights of of
dispossessed owner of chattels
county committee I2:354 3:28-38
Injunction to restrain acts of party com-
Rights of disseisor 3:27-28; 20:563, 574
mittee 30:397 Servant's possession as that of master
Judicial interference with political 5:9-10 parties
38:92, What120 possession is necessary to maintain
Liability of members action
for for debts
forcible entry incurred
and detainer by
national convention 23:313 24:411
Party action as state action within Four-
Whether constructive notice of right to pos-
teenth and Fifteenth Amendments session 11:480, 554
46:812-8I8 Whether trespasser has proper
Political combinations in elections tels 29:374-394
45:906-912 Wild lands: what const
Right to appear on ballot under party name 26:185
26:351, 37I
POSTHUMOUS CHILD
Validity of nominations: how far a judicial
question 14:388; 26:351, 371 See Infants (Unborn children), Rul
against Perpetuities, Trusts.
PONDS
See Waters. POST-OFFICE
Compensation for carrying mail - whet
PORTO RICAN LAW
Canal Zone ports are foreign ports
Provisions of the penal code of Porto Rico 43:836
13:124-136 Defamatory or threatening matter with
Refusal to disturb local court's construc- postal regulations 4:43
tion of Porto Rican statute unless in-Denial by Congress of use of post-of
escapably wrong 36:890 without compliance with certain requ
PORTO RICANS ments, as indirect method of nullify
reserved powers of states 23:447-4
See Aliens, Constitutional Law, Interna- 27:27-44
tional Law.
Power of postmaster-general to withhold
POSSESSION mail pending investigation of fraud of
addressee 21:150
See Adverse Possession, Attachment, Refusal
Find- of injunction agai
ing Lost Goods, Landlord and Tenant,
from the mails of matter co
Larceny, Statute of Frauds, Trover and statements on cover 42:438
Conversion.
Use of mails for fraudulent purpose
Abandoned chattels 26:272 17:204
Attached realty: whether in possession of
- what constitutes " scheme or artifice "
court I9:210, 377 29:340

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540 POST-OFFICE - POWERS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

-whether actual intent to defraud ad- -general powers 50:945-946


dressee required 27:96 - special powers 50:938-945
What constitutes " periodical Developments
publications in"the law - I932-9
under United States postal laws I7:577 48:1239-1249
Effect of partial failure of charitable trust
POWER OF ATTORNEY
on power of sale 23:649
See also Agency, Choses in Action, Gifts,
Executor's title when appointme
Partnership, Transfer of Stock. by will 20:501
Direction to allow wife to draw on ac-
Extinction and rele
count as power of attorney I7:I22 48:1244-1246
Effect of intervening war 3I:637, 650 Extinguishment of power appendant by
Gift of account-books as giving implied bankruptcy 38:264
power of attorney 12:67 -by conveyance in fee b
Gift of non-negotiable instrument ment as 22:444,
giv- 456; 23:69
ing power of attorney 5:35; 9:488; Failure of appointment under ge
12:498 mentary power 48:1243-1244
Nature of the right 15:226 Failure to exercise special powers wh
"Power coupled with interest ": what giftcon-
in default 48:1243
stitutes 10:308; I2:67, 262-265; General powers: application of
I9:287; 37:253, 261 Perpetuities 3:139; 24:585; 26:64-70,
Power of attorney construed as trust deed 720-728
11:272
- creditor's right when donee appoints by
Reference to instrument creating power: will 14:303
necessity in deed II:200 -nature and relation between donee of
Reservation of right of action for infringe-
general power of appointment and
ment of easement 20:496 the property subject thereto
Rights acquired by bona fide purchase of 24:654, 679
power of attorney 15:226 - nature of executor's title when appoint-
POWERS ment is made by will 16:376
See also Bankruptcy, Charities, Conflict Giftof of residue does not exclude gift
Laws, Executors and Administrators, implication in default of appointmen
Future Interests, Rule against Perpetui- 25:11-12
ties, Trusts. Gifts over on failure to exercise power
50:773-774
In general Gifts to animals as powers - application of
Acquisition of property by wilfully killing Rule against Perpetuities 46:Io36
another 49:739-741 Implied gifts to objects of power when no
Appendant powers of appointment gift over on default in the II:66
United States 50:1284-1290 Inheritance tax upon exercise by
-English background 50:1285-1286 resident of testamentary power
Application of doctrine that appointee pointment in will of nonresident
takes from donor of power 48:1239 35:326, 348
Application of Rule against Perpetuities Lease extending beyond the trust t
48:1258-1260 20:75
Application of rule favoring title by descent Power created in domestic will and exe-
over title by devise 46:995 cuted in foreign will not subject to in-
Appointed property as assets: general heritance tax 23:648
power exercised by will 14:303 "Power in trust ": expressio
Appointed property as property of testator 25:1-3
subject to testamentary direction as to Power of sale: creditors' rights when power
payment of estate taxes 50:844 for benefit of donee 12:144
Appointment by will: nature of executor's
--effect of mortgage by executor wit
title 16:376 power of sale I9:64; 20:568, 579
Assignability of powers:
- whether conditional vendeeequita
has implied
ment by donee's creditors I1:337 power 13:528
Classification-- general or special - whether impli
48:1239-1240 to dealer 12:65
Construction as exclusive or nonexclusive Power to appoint to a
48:1408-1411 48:1240-1241
Default of appointment: objects take by Power to appoint to a class: on default of
implied gift, not because equity exercises appointment implied gift to members of
the power 25:3-8 the class 25:12-19
Delegation of powers Powers
of appointment and
appendant 50:772-773
creation of new powers by
Powers donee
in trust and gifts implied in d
50:938-946 of appointments 25:1-30

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POWERS PRACTICE OF LAW 541
References in heavy-faced type are to LEADING ARTICLES; in italics t
CASES. The figure in front of the colon refers in each instance to the volu

Powers in trust and gifts in Exercise


defaultby general pecuniary bequest
50:774-775 49:1382
Powers of sale in trustees and the Rule Exercise by joint wills of two donees
against Perpetuities 47:948-975 48:1242
- drafting trust instruments to save pow-Exercise by will of after-acquired special
ers 47:975 power 43:1164
Possibility of Fraudulent and excessive executions of
appointment
37:277 powers of appointment 42:419-422
Release and discharge of powers Fraudulent execution of power of sale by
24:511-533 life tenant 38: III9
Release of special powers in gross 23:394, General desire as an executi
408; 24:67, 517-523 where the donee has an individual in-
Release of testamentary powers in gross
terest in the subject of the power
24:523-531 34:641
Implied exercise of power 50:775-776
Rights of creditors of donee of power of
appointment 17:189 Intention to execute special power 25:742;
Rule against Perpetuities: consideration of 37:5II
facts existent at time of exercise of power
Joint power: revocation of appointment b
49: IoI survivor 8:363
Special powers: implied gift when power
Knowledge of exist
not exercised 11:66 requisite to valid exe
Taxation: power created by deed
Lapse: and exer-
appointment
cised by will subject todonee inheritance 15:677 tax
20:655 --effect of death of one of the bene-
Taxation of property subject to a power ficiaries in lifetime of testator-donor
48:1246-1249 45:938
Termination of preceding estate: destina- Non-exclusive powers and illusory appoint-
tion of income until appointment 24:408 ments 48: I408-I414
Testamentary power: who takes at death Remote appointment: beq
of donee without appointing 25:21-25 ing in default of appoi
Time of gift: whether creation or exercise -determined as of the time of the crea-
of power 26:64-70, 720-728 tion of the power 20:654
Trust for possible donees: when implied
Residuary devise as execution of pow
11:66 whether distinction between general
Validity of a general power given to an un- special powers 19:304
born child of a living person Revocation of appointment: sur
28:664-672 voking joint appointment 8:363
Validity of power of sale which may, uponRight of holders of gift in default to contest
the exercise of another power, be exercis-will purporting to exercise power
able at too remote a time 23:647 48:1242
Special powers: covenant by donee to ap-
Execution
point 15:862; 23:394, 408
Appointment of contingent shares coupled
Specific enforcement of contract to ex
with power in trustees to advance power of appointment 30:401
48:1243 Time from which remoteness is deter-
Appointment to remainderman: effect of mined in case of general power to ap-
19:139 point by will only 34:648-650
-effect of partial appointment to others What law governs execution of testamen-
on right to election 28:332 tary power 48:1241-1242
Attempt to exercise a power contained Whether
in compellable by donee's credito
will of living testator invalid 26:9I I2:144
Directing application of appointed property Whether express reference to power essen-
to save trusts otherwise violative of Rule tial 11:200
against Perpetuities 46:1347 Will executing
Disposal of residue by will as a valid exer- mined by w
cise of power to appoint by will 23:222; 3
33:16-17
Doctrine of illusory appointments: in
PRACTICE OF LAW
United States 17:498; 25:26; 28:434
See also Attorneys, Law Schools, Leg
Effect of appointment in accordance withEthics, Study of Law, Teaching of Law
bargain 18:545 The function of a university law schoo
Equitable relief after training defective appointment
for a public profession
under special power 20:560, 579; 21:222
49:1068-1083
Execution of power of appointment
Growth by
of the law: function of gen-
the leg
eral devise or bequest 32:437 profession 29:619-621

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542 PRACTICE OF LAW PRESUMPTIONS
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; a
CASES. The figure in front of the colon refers in each instance to the volume.

Injunction against corporation at suit of


English Prescription A
attorney and bar association operation 7:234; 9:361
47:1202-1205 Operation against state of pre
Justice for the poor 33:253-254, 621 lost grant 29:88, io6
Lawyer's relation to problems of social wel- Public acquisition of prescri
fare 46:1349-1350 12:357; I9:55
Legal aid 42:459-460 Rights prescribed for: compelling annual
payment
Legal preparation tested by for repair
success in of dam 9:352
prac-
tice 33:168-197 -compelling continuance of affirmative
Power of corporationactsto practice
9:352; 13:6o8 law
45:z393 --compelling continu
Practice of law by a corporation 31:886, dam 15:238
891, 892; 44:i114-Izx8 - excessive user of artificial watercourse
Practice of law in New York City I3:608
io:23-45 -trees overhanging adjoining land 8:234
Public influence of the bar 48:1-14 Theory of prescription 2:43; 7:234, 425;
Public service as an ideal in law practice 16:438
36:1-4 Whether tenant may acquire easement
Suggestions from law schopl graduates as against co-tenant 17:487
to where and how to begin practice PRESUMPTIONS
27:260-267 See also Burden of Proof, Criminal
What constitutes the practice of law Evidence.
31:886, 89I, 892
PREFERENCES Nature
In general
See also Assignments for Creditors, Bank- 3:142, 148-160; 4:62-65;
ruptcy, Fraudulent Conveyances, Re- 9:144
ceivers. Application of a presumption created by a
penal statute to a civil action 39:129-130
Corporation: right to prefer creditors
9:48z; I0:247; I1:55o At what point in litigation does a presump-
Directors of corporation: right to prefer tion become operative 44:906-908
themselves Io:247; 15:409; 16:304 Choosing among practicable rules as to ef-
Preference by officer of insolvent corpora- fect of a presumption 47:77-83
tion 17:358 Classification according to their binding ef-
Preference of fect upon the jury 35:310-313
domestic creditor
by statute 12:429 Conflicting presumptions 44:916-924
Confusion
Relation of rule against of law relating to
preferences to presumptions
the
maxim "equality is equity" and burden of proof--need of legisla-
31:709-711 tion 50:910-913
State priority: effect of Constitutionality
appointment of re- of
ceiver on I9:292 tions 46:1 45-1148
in assets of insolvent - in depository:
criminal cases 48:102-107
waiver
by depository statute 40:322 Different views as to effect of a presum
tion 47:60-63
State's right to priority: general discussion
I9:292 Evolution of law relating to fraudulent
conveyances under guise of rules of evi-
Under Spanish Civil Code 31:1100-1101
Validity in general 14:298 dence 46:408
Whether issuing debentures by a Function
corpora- of a pr
tion is a preference 24:389, 406 burden of proof 44:910-916
Instructing the jury upon presumptions a
PREROGATIVE
burden of proof 47:59-83
Is a presumption evidence 44:908-909
As giving choice of remedies 20:157 Need for functional classification
Crown's prerogative as part of common 44:931-934
law 42:442 No presumption on a presumption
New light on the old28:795, count
820
42:639-675Operation of rebuttable presumptions
PRESCRIPTION 46:1138-r145
See also Adverse Possession, Easements, - application 46:1138-1140
Eminent Domain, Highways, Interna- -conflicting presumptions 46:114
tional Law, Limitation of Actions, -evidence necessary to dispel
Waters. 46:1140-1143
Acquisition of rights: whether possible Presumptions as a means of takin
when acts not actionable 13:608; 22:148 tions of fact from jury 4:166-167
Acquisition prescription under Spanish Presumptions, burden of proof, and the
Civil Code 31:1098 conflict of laws 43:1134-1137

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PRESUMPTIONS 543
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Presumptions due to procedural conveni- Child-bearing: presumption that a woma


ence 44:924-931 of advanced years is incapable of child
Presumptions in criminal law 50:626-627
bearing 18:545; 27:286
648-651 Collision of vessels: presumptio
Principles of legal reasoning sometimes 9:222
called presumptions 3:164-165 Consideration in specialty contracts
Rebuttal of statutory presumption against I4:387
suicide 49:656 Constitutionality of statute making bank
Relation of presumptions to evidence
insolvency a presumption of fraud in of-
3:142, 148-160; ficers 9:I44; I8:546,
and directors 42:1076 624;
35:310-317 Constitutionality of statute providing
Res ipsa loquitur- absence application and
for certain period eff
raises conc
in aviation accidents 48:225-237 sive presumption of death 22:522, 5
Right to jury trial: whether infringedContinued
by domicil: conflicting with p
statutory presumptions 7:309; 8: 1 7;
sumption of innocence 39:509
12:215 Contracts: presumption as to place of per
Shifting duty of introducing evidence: ef- formance 16:598
fect of presumptions 3:165-166; - presumption as to which of several
4:62-65; 9:144 debts payment should be applied to
Solution of problems of conflicting pre- 21:623, 633
sumptions by ascertainment of the logi- Death: presumption of survivorship when
cal core of each 35:315-317 death occurs in common disaster 29:46I
Some observations concerning presumptions -presumption that death due to collision
44:906-934 on the sea occurred on the vessel
Statutory presumption supported by rule 2I:2-3
of convenience 44:121 Death after seven years 46:1138-1139
- declarations
Statutory presumptions: comparison with against interest I8:47I
judicial presumptions 3:160-164 - history of presumption 3:151-155
-death justifying administration -presumption as evidence of time of
20: 147, 572 death 45:192
--independent proof of venue necessary - presumption of fact a law 26:378
when possession is made prima facie evi- - presumption rebutted by actuarial table
dence of criminal act 39:513 30:654
- nature and effect 3:160-164 Dedication I9:55
- necessity of logical connection Easement between of light: hist
fact presumed and fact on which as pre-
to angle of 45? 3:155-156
sumption is based 42:1076 Husband and wife: presumption of coer-
- workmen's compensation cases 36:79,
cion 8:430; I4:544; I5:234
271-274 Illicit relations: presumption of co
Statutory presumptions and due process of ance I9:47I
law 43: oo-o04 Innocence: con
Whether presumptions are rules
continued domicil of sub-
39:509
stantive law 3:148-160; 31:96i Jurisdiction: presumption of jurisdiction
courts, rebuttability of 19:216
Particular presumptions Law: presumption that certain principles
Ademption, when residuary legatee is a are law in all civilized countries
stranger 20:72 39:379, 398
Admissibility of evidence of
-presumption that lawwoman's
of jurisdiction
sterility to obtain exemption
governing case isfrom
the same as estate
the lex fori
tax 47:1o06 19:401-417; 23:64
Agency: presumption from
Legitimacy: abnormal period ofrelation
gestation
ent and child 20:410 as evidence of illegitimacy 35:766
- admissibility
Alterations of instruments: whether of declarations of deceased
pre-
sumption as to time exists 10:59;
husband and wife to rebut presumption
13:57, 409; 25:691-703 42:I079
Applicability of presumption - of incapacity
presumption of legitimacy in the absence
to adult with mental age ofofless than
proof of a valid marriage 39:777
fourteen 43:138 - presumption of legitimacy of child born
Basis of presumption of death after
in wedlock seven 35
33:306,
years' absence 47:78-79 Loss of goods by connecting car
Basis of presumption that damage to goods 18:391
delivered to bailee in good condition re-
Lost grant of easement: nature an
sulted from bailee's negligence 47:79-81
of presumption 3:149-151; 7:2
Basis of presumption that death by violence I6:438
was nonsuicidal 47:81-82 Marriage: presumption of conse

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544 PRESUMPTIONS -PRIVACY, RIGHT OF
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in p
CASES. The figure in front of the colon refers in each instance to the volume.

removal of impediment to validity


Utilities, Restraint of Trade, Unfair C
39:901 petition.
Operation against state of presumption of
PRINCIPAL AND AGENT
lost grant 29:88, Io6
Partnership: whether presumption See Agency. from
participation in profits 2: i8o PRINCIPAL AND SURETY
Presumption as to extent of shift in burden
See Suretyship.
of tax determining right to refund
50:483-486 PRIORITIES
Presumption of agency from ownership Seeof
Bankruptcy, Liens, Mortgages, R
vehicle 38:515 ers.
Presumption of divorce from former
30:500, 523
PRIVACY, RIGHT OF
Nature and extent
Presumption of innocence: effect on bur-
Infringement
den of proof 35:313-315 Remedies
-heavier penalty for second offense
See also Constitutional Law, Injunctions,
12:215
Torts, Witnesses.
-nature and effect 9:144; 10:514;
12:215 Nature and extent
- whether itself evidence 9:144 Actions for slander and for intentional in-
Presumption of undue influence by attor-
fliction of emotional distress compared
ney-legatee-imputation to wife and 49:1061-1064
other legatees 48:692 Basis and extent of the right of privacy
Presumption of validity of marriage 4:193-220; 12:207; 24:680; 25:196;
34:790 26:275; 28:362-364
Presumptions as to foreign law Biographical motion pictures 44:1146
46:1or9-r022 Development of the law 8:280;
Presumption that decedent exercised due 22:110-111
care despite violation of traffic ordinanceDevelopment of right 50:220
50:528 Existence of the right I6:72
Presumption that management stockhold-
Honor and reputation in the law
ers have assented to action of directors 28:445-453
39:692 Independent of the right to property, pro-
Presumption that salary paid to a husband fessional reputation, or freedom from ex-
for managing wife's separate estate re- posure to litigation 21:54, 58, 63
mains in business unless accounted for
Limitations upon the surrender of the
30:85 right 4:214-218
Problem of survival in a common disaster
Limited protection acco
- statutory solutions 50:344-349 50:731-732
Public officer's surety for successive terms:
Nature of the rights of relatives of de-
prima facie liability 14:469 ceased person 9:354
Rebuttal of presumption of procreativeness
Placarding debtor as invasi
by evidence of senile sterility 48:851 41:1071
Res ipsa loquitur as a presumption 29:105
Possible interests in one's name or picture
Resulting trust when one has paid money 28:689, 715
for conveyance to third person Privilege of freedom of speech and of the
20:555-557
press as affecting the right 7: 82
Sanity: nature of presumption 12:508;Property right of person in publication of
I3:518 likeness 15:227
Statutes of sister state: presumption of Right of privacy
similarity 11:128; 29:1o6; 33:315 grounds 29:641-646
Statutory presumption that one consorting
Right to privacy today 43:297-302
with thieves does so for unlawful pur-
Social and political relations 29:677-682
pose 49:I372 Unconscious recognition of right of privacy
Survivorship: presumption29:668-677
common disaster 14:538; I6:368; Wire-tapping 45:194
24:68I; 29:46I
Undue influence: gift to attorney I4:73 Infringement
Validity of marriage 46:1144-1145 Exhibition of picture in ne
Wills: revocation presumed from mutila- Exhibition of statue 5:148
tion 15:754 -of plaintiff's deceased aunt 9:354
Exhibition of wax-work figure of plain-
PRICES tiff 7:492
Illustrated
See Constitutional Law, Monopolies, Na- a
patient's identity concealed 0: 179
tional Industrial Recovery Act, Public

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PRIVACY, RIGHT OF -PRIVILEGED COMMUNICATIONS 545
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RE
CASES. The figure in front of the colon refers in each instance to the volume.

Mention of plaintiff's name in novel asGovernment


a informants: extent of the
violation of the New York privacy stat- privilege 41:921
ute 42:709 -waiver by the government 35:692
Methods of scientific crime detection Intended witness: slanderous statement by,
44:842-843 to attorney and client 19:219
Name and likeness of deceased person used Report of railway accident 19:222
as label for brand of cigars 13:415 Right of third persons to exercise the privi-
New York statute prohibiting use of name lege 35:685-687
or picture without consent 24:159; -effect of fraud on voir dire 47:283
33:71, 735 Testimony of jurors concerning their delib-
Operation in the presence of medical stu-
erations 46:1148-r149
dents 10:179 Waiver of privilege 7:I85, 497; 8:233;
Publication of biography and I3:r45 sal
tures of deceased person 7:182 Husband and wife
Publication of picture in weekly news film
Communications between husband and wife
and posters 33:7Ir, 735 46: 150-r115
Publication of portrait of public character
Denial of privilege in action between the
8:5Io two 25:396
Publication of portrait with request to voteHusband also a
on most popular man 7:425 such 25:396
Public shadowing without special damage
Husband's letter t
26:658 rapher 47:857
Retention of police records and rogues' gal- Husband's letters to wife 28:823
lery photograph 47:1206-I208 Husband's waiver by giving letters to mis-
Right to publish concerning public person- tress 7:497
ages 8:280 Letter received
Unauthorized publish 27:399
opinion Attorney
of certain
and client
Unauthorized use
Attorney as witness of
to will or as a trustee p
ing purposes 15:2
35:687-689
21:63
Client's directions concerning deed
Remedies
II:I28
Constitutionality of statute forbidding un- Communication made under mistake
authorized use of name or portrait for torney of opposite party 32:290
advertising purposes 22:232 Drawing inferences from exercise of privi-
Injunction and tort 4:219-220 lege 13: 45
Protection by injunction 29:641-646,
Exclusion of offi
668-677 tor's death 23:650
Tort, injunction, criminal law 43:299-302
Nature of privilege when
PRIVATE INTERNATIONAL LAW suit I3:145
See Conflict of Laws. Privilege of atto
identity 29:109; 38:831
PRIVILEGE Statement to adversary authorized b
See Constitutional Law, Criminal Law, Ex- 7:185
Statements by attorney 43:134
tradition, Libel and Slander, Process,
Witnesses. Statements to prosecuting attorney
35:209
PRIVILEGED COMMUNICATIONS Suit against attorney as waiver of privilege
In general 8:233
Husband and wife Testamentary cases 40:I15
Attorney and client Testator's declarations concerning wil
Information to public officers 11:63; 13:69I
Physician and patient Waiver of attorney's privilege by pub-
See also Attorney and Client, Husband and lishing the communication 21:64
Wife, Libel and Slander, Physicians and Where they are co-trustees 33:120
Surgeons, Witnesses. Whether attorney or client has privilege
35:685-687
In general Whether client must himself exercise privi-
Child delinquent and juvenile court judge lege 13:145
33:88, 120; 35:693 Whether privilege
Communications to bank as collector of fying 13: 45
note 13:403
Communications with spirits
Information 34:
to public
Employer's report to industrial
Prohibition agent's acc
ref
board 38:396 ant as contempt of court 46:343

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546 PRIVILEGED COMMUNICATIONS - PROCEDURE
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Physician and patient to change the law administered


Communications: between physician and courts 30:66, 86
patient 46:1149-1150 Jurisdiction of a cour
-not necessary for treatment 35:690 to decree restitutio
-to dentist 25:673 breach of that count
-to psychiatrist 36:337 30: I61, I
Liabilityin-
Inference from exclusion of professional of captor fo
formation by patient I7:359 35:77I
Information obtained by, treating Military
person persons as contraband of war
against his will 17:579 21:636; 22:388
Suit against physician as waiver Modifying decisions
of privi- of the Supreme Court
lege 8:233 - prize law 46:613-616, 795
Undesirability Nationalityof of prize owned by corporati
this pri
35:689-691 33:370-371
Waiver of privilege 18:399; 21:64 Notes on the Rhode Island Admiralty,
- by allowing one of several physicians to1727-1790 46:44-90
testify 28: 16 Origins of British prize law 49:858
- by patient's testimony Prize: capture of vessel transferred to do-
concerning
cal condition 28:532 mestic corporation composed of alien
- in insurance policy 29:462 enemies 28:335
-shipowner's right
PRIVITY with the enemy 28:720
See also Adverse Possession, Bills Prize
of Peace, law during the World W
Choses in Action, Conflict of Laws, Con- 40:1163-1164
Prize seized
structive Trusts, Covenants running withby mistake in neutral waters
the Land, Evidence, Interpleader, Ten- 33:612
ancy in Common. Right of English court under the Declara-
Arrangement of the law - privity tion of Paris to condemn German non-
44:738-758 contraband goods shipped on Britisli ves-
Title taken by eminent domain not sel
one before
of war 29:851
privity 20:563, 574, 650 Right to destroy a captured
18:284-293
PRIZE LAW Right to sequestrate prizes in neutral ports:
Blockade: what constitutes a breach immunity of ship from suit because of
foreign sovereign's interest 30:161, I82
12:343
Capture: exemption of fishing vessels Rights of neutral mortgagees and share-
therefrom 13:594 holders 28:217
-exemption therefrom Validity of enemy cargoes of change
subject to neutral pledge 14:302 ent vessel in time of war 28:I88;
Cargo of neutral vessels as prize 34:558 29:317
Claim for freight and demurrage by neutralWhen title to condemned prize passes
shipowner against enemy cargo seized as 21:55, 440; 22:225
prize 33:738 PROBATE
Condemnation of goods
See Executors insured
and Administrators, Pow
war risk as enemy property: subro
Trusts, Wills.
of enemy insurer to rights of insu
30:389
PROBATION
Confiscation of enemy property t
See Criminal Law.
title has passed, in transit, to neu
30:651
Confiscation ofPROCEDURE
neutral ship for c
contraband cargo 30:497, 529 See also Administrative Law, Admiralty
Continuous voyage doctrine 24:167-181 Appeal and Error, Bankruptcy, Burde
Contraband: application of doctrine ofof Proof, Constitutional Law, Corpora
continuous voyage to conditional con- tions, Criminal Law, Discovery, Equity
traband shipped "to order" 29:195 Federal Courts, Federal Equity Rules
- illuminating oil and the doctrine of con- Fraudulent Conveyances, History of
tinuous voyage 28:188 Law, Indictment and Information, Jury,
Contraband and blockade-recent devel- New Trial, Parties, Partnership, Patents,
opments 50:421-426 Pleading, Presumptions, Trial.
Declaration of Paris, I856 50:400 Action under the codes against representa-
Doctrine of continuous voyage 39:1110tive defendants 36:89, IIC
Appeal from interlocutory decre
English rule for determining enemy or neu-
tral character 32:295 Federal Equity Rules in patent s
International law as limiting nation's power 30:653

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PROCEDURE - PROCESS 547
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

The bill of discovery under reformed pro- Procedural aspects of securing tort contri-
cedure 44:633-638 bution in injured plaintiff's action
Consolidation of actions at law 45:1300 47:209-244
Continuation of actionProcedure in name of contempt
in criminal assignor in England
after assignment of cause of action 48:908-909 pen-
dente lite 37:620 Right of appellate court to give judgment
Development of criminal procedures
on the evidence notwithstanding thein
ver-
Europe and America 48:433-473 dict 32:711
Discovery before trial-reducing the ele-
The role of sub
ment of surprise in lawsuits in the legal process 45:617-647
46:135 0-35 I
Extending use of motion for summary PROCESS
judgment to defendant 47:I40 In general
Federal courts-statute abolishing writsService on nonresident individual
of error 41:673 Service on foreign corporation
Form of record in equity Service on domestic
cases: incorporation
England
42:505 See also Abuse of Process, Attachmen
-in state courts 42:509 Conflict of Laws, Constitutional Law
Functions of judge and jury Foreign Corporations, Interstate Com
in interpreta-
tion of statutes 46:1086-1110 merce, Sequestration.
Fusion of legal and equitable procedure
50:179-181In general
Garnishment by plaintiff of debt dueCompelling
from the testimony of absent wit-
self 35:34I nesses 43:12I-I26
History of English Immunity procedural from s
39:725-748 Privilege of non-res
In forma pauperis ant from procedure service fo of
36:361-404 43:802-805
In old action of account 45:493-500 Residence of life convict for purposes of
Joinder of promisor and one inducing an- service 46:529
ticipatory breach of contract 44:306 Service by telephone 20:156
Judicial councils in theory and practiceService of misdirected process: whethe
42:817-820 amendment will validate 29:884
Lack of sound philosophical basis as basis Service on local chairman of international
for development 36:239 labor union 39:514
The law of the case 42:938-941 Service on non-resident uninco
Narrative record in federal equity appeals sociation doing business with
42:483-515 30:702-711
Nature and place of 45:800-802 Service on voluntary associati
Notabilia of American civil procedure,on certain officers binding on
I887-1937 50:1017-1070 members 20:58, 69
- adjudication of the cause 50:1045-1058
Substituted service on domicilia
- compass of the cause 50:1018-1034 50:126-1127
--preparation of the cause 50:1034-1045Validity of deceitful service upon person
-review of the cause 50:1058-1063 already within state 49:844
- rules of court as agency of regulation
50:1063-1067 Service on nonresident individual
-summary judgments 50:1054-1056 Developments, 1935-1936 50: 124-1131
Place of trial in civil actions 43:1217-1248 Doing business within state 30:696-702
Place of trial--interstate application of Exemption of witness served in individual
intrastate methods of adjustment and representative capacities 37:631
44:41-64 Extraterritorial service under Bankruptcy
Plaintiff's announcement to trade of suit Act, ? 77B 49:797-805, 1143-1r45
for patent infringement as ground for For injuries arising out of operation of au-
refusing dismissal without prejudice tomobile within state 41:94
43:319 Jurisdiction over nonresident owner in
Plaintiff's right to dismiss - application in action arising out of another's operation
proceeding before SEC 49:1369 of his automobile in state 43:493
Pleading equitable defenses in actions at Operating automobile within state 33:239
law in the federal courts 36:474-479 Ownership of corporate stock as consent
Preventing litigious delay in payment of in- to substituted service 48:68o
surance claims 48:319-327 Parties and witnesses coming voluntarily
Problems in procedure raised under into the jurisdiction 23:474, 487, 488;
? 274(b) of the Federal Judicial Code 30:655
36:474-479 Person surrendered by extradition 35:768

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548 PROCESS - PROPERTY
References in heavy-faced type are to LEADING ARTICLES; i
CASES. The figure in front of the colon refers in each instance to

Privilege of non-residentDistinguished
witness from from easements i6
serv-
ice as officer of corporation 30:655 Fishing: right of public to fish
Service of process in federal court on non- navigable, non-tidal stream 33:325
resident motorist in accordance with Modes of acquisition i6:332
state statute 47:I439 Part of servient tenement on which
Service on agent 32:874, 886-891; may be exercised 8:II9
33:238-240 Profit appurtenant claimed with
Service on agent of nonresident doing busi- 22:232
ness within state 48:1433 Right created by an oil and gas lease a
Service on agent of nonresident profit
individuala prendre 31:882, 898
doing business in state 46:153 Right to protect interests by self-help
Service on person brought into state by 27:186
extradition proceedings 17:498 Rights of common: origin and basis
Substituted service: on executor of non- I6:330-332
resident motorist 49:145 What constitutes an abandonment
on resident domiciled elsewhere 32:735
47:1063 PROHIBITION
Temporarily in state on a public dutySee also Constitutional Law, Intoxica
33:72r, 734 Liquors.
Service on foreign corporation Conflicts over jurisdiction in the Rhode
In general I2:2-5; 16:145; 32:879-885 Island vice admiralty 46:53-57
Cause of action arising outside of state Development of the writ 36:863-866
29:880 Early use as a political instrument
Corporation which has ceased to do busi- 36:863
ness in the state 19:52; 21:453 Not maintainable where another remedy
Developments, 1935-1936 50:I33-1136 exists 20:334
Present use in the United States
Discriminatory statute existing at time of
admission of foreign corporation, consti- 36:864-865
tutionality of 41:95 Statutes giving broader scope desirable
Privileges of nonresident witness from 36:866
service as officer of corporation 30:655; Whether a writ of right 26:378
Whether maintainable where another
37:631
Service of process on subsidiary domestic remedy exists 36:865, 888
corporation in action against foreign cor- PROMISSORY NOTES
poration 42:955 See Bills and Notes.
Service on agent for foreign cause of acti
after withdrawal of corporation from
PROMOTERS
state 33:730 See Corporations.
Service on state officer without notice to
defendant 49:339 PROPERTY
What constitutes "doing In generalbusiness" suffi-
cient to allow service 36:327 Nature of ownership
Things subject to ownership
Service on domestic corporation Rights incident to ownership of land
Privileges of nonresident witness Community
from property
service as officer of corporationSee Constitutional Law, Eminent Dom
37:63I Landlord and Tenant, Personal Prop-
erty, Possession, Real Property, Rule
Service on agent after receiver appointed
27:90
against Perpetuities.
Service through hostile director I3:6o6
In general
Unreasonable service by publication
Codification of land law in England
2I:453, 539
36:988
PRODUCE EXCHANGE Common law 31:1051-1053
Legislation affecting commodity and stock land law reform in E
Current
exchanges 45:912-925 34:341-360
English land legislation of I925: mort-
PROFITS A PRENDRE gaged land 40:284-288
See also Easements, Fish, Game, Mines - non-settled
and land 40:280-284
Minerals, Waters. -settled land 40:264-279
Acquisition by public of right to-the fishtrust
in for sale 40:261-264
private waters: by prescription English Law of Property Act of 192
25:280, 295 36:994-996, 1005, 1006
Covenant in aid of profit: whether burden English Law of Property Act of 192
runs with the land 4:242 39:480-484

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PROPERTY - PROXIMATE CAUSE 549
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

History of the English law 36:995-999 Stock exchange seat I6:70


"Legal" and "equitable" interests in Uncopyrighted news 16:226
land under the English land legislation
of 1925 40:248-291 Rights incident to ownership of land
Need for codifying land Accesslaw 36:989-994
to underlying strata 7:47
Nineteenth century reforms in English
Aviator's liability to ground owner
property law 34:345-349 48:216-225
Proposal to codify land law in United Damages for exploratory trespasses in o
States 36:996-1006 fields 48:485-489
Reform of English land Easement of abutting ow
law - significance
for American law 48:155-I56 for loading and unloading 48:339
Roman law 31:1049-1051 Ejectment for encroachment above surface
I9:369
Nature of ownership
Killing game I8:458
Absolute ownership forever: whether sup-
Natural communism in air
portable on theory II:69-70
seashore 47:425-457
Bequests and devises acquired by corpora-
Natural gas 7:369; 25:76, 84
tion in excess of charter limitations
20:561, 573
Protection by natural barrier 16
Right of abutting landowner to enjo
Definition of complete ownership
3:313-316 jury to his right of access 11:130
Definition of title 11:73-74 Rights surviving disseisin 3:25-27
Underlying salt brine 20:487, 503
Distinction between sovereign jurisdiction
Water in springs 9:550
and ownership of property 28:282-285
Historical development of right to absolute
dominion over land 7:256-260 Community property
California or single ownership th
Lessee of market stall: rights of 7:I86
Modes of extinguishment 3:317-328 35:48-51
Mortgagor in possession liable as owner Essentials of community syste
Idaho or double ownership theor
for heriot 20:652 35:55-62
Nature of bailor's rights 29:501-520
Liability of community personalty
Nature of sovereign's right to land by es-
cheat 2I:5I of husband 31:309
Nature of community owne
Nature of title after eminent dom
35:64-67
ceedings 20:563, 574, 650 -as affecting federal income
Pews: rights of owners 7:I86
Priority of title between adverse holders 39:762, 778
32:147-159 Right to proceeds of insu
earned by premiums paid by
Property of singly and multiply incorpo-
rated associations 42:542-547 46:340
What constitutes ownership of chose Rights
in ac- of wife in jointly acqu
tion 29:816-821 where marriage is void 41:401
Taxability of
Whether title to land affected by husband 44:652
unconsti-
tutional statute 12:31-34 Texas or trust theory 35:62-63
Washington or entity theory 35:51-55,
Things subject to ownership 66-67
Air space as corporeal realty 29:525
PROSECUTING ATTORNEYS
Animals 5:404; 8:285; I2:346; 13:152
See District and Prosecuting Attorneys.
Dead bodies I5:64; 24:315, 321
Good will io:280-281; I2:I29; 16:135;PROVOCATION
39:654 See Assault and Battery, Damages, Homi-
Motion picture rights as specific personal cide.
property 40:137
Natural communism inPROXIMATE CAUSE oil, sea,
air, water,
and seashore 47:425-457 In general
Natural gas 7:369 Active cause
Oysters 18:472 Passive cause
Plan 20:143, 146 Foreseeability
Public office 8:286; See
14:218; 15:675
also Admiralty, Contributory Negli-
Right in artistic creations gence,
before copyright
Master and Servant, Negligence,
21I:634 Torts.
Right of one having the benefit of a re-
strictive agreement on land In general
2I:139, 146 Application in suit to recover money paid
Situs of the property right in a trademark under mistake of fact where both parties
21:361, 373 were negligent 47:0o66

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550 PROXIMATE CAUSE
References in heavy-faced type are to LEADING ARTICLES;
CASES. The figure in front of the colon refers in each instance

Application of sine qua Proximate non rule causein as probable


actionnatural cause
for violation of Sherman Act 43:1163 39:183-187
Causation of injury in Workmen's Proximate consequences Com- in the law of torts
pensation Acts 29:752 28:10-33
Causation sine qua non testProximate not rigidlyconsequences
ap- of an act
plied to cases of independent wrong- 33:633-658
doers 39:153-154 Purpose of requirement of proximity
Causation sine qua non though same 39:155-156 resu
might have happened Question for jury or court 33:652-654;
without defend-
ant's act 39:154-155 37:39I
Criticism of tests of legal Rationale
cause:of proximate
causa sine cause 41:939-941
qua non rule 25:108-110 Recent developments 50:1228-1231
Test of legal cause: situation if no test
-" Justly attachable cause " 39:192-197
-"Last wrongdoer" rule 25:111-113 adopted but question left to jury without
-maxim in jure non remota causa, sed judicial definition 25:303-307
proxima spectatur 25:106-108 Text of proximity 33:641-644
- the probable consequence rule What constitutes proximate cause in d
25:114-128 termining liability on insurance policy
Definitional consequences of a duty and 32:87
violative consequences and the test of Whether consequences are remote or pro
their proximity 28:28-32 mate a question of law 33:639-640
Doctrine of last clear chance asWhether definite rules are desirable and
arbitrary
limitation of liability for proximate obtainable
dam- 39:187-192
age 21:233-242, 259-260
Formulation of rule of causation Active cause
9:80-89; io:306; 13:149 Accident as cause of insanity and subse-
Functions of court and jury 39:193-197, quent suicide 9:156; 34:563
199 Act of intervening agent breaking
Historical discussion of tests of proximity connection 13:599
of legal causation 2I:234-236 Act to avoid impending
Injury from operation of misregistered result
or of act causing dan
unregistered automobile 46:324 36:228
Involuntary manslaughter: causal connec- Damage from nervous sho
tion between the unlawful quality of thewilful act II:20I
act and the homicide; killing while driv- Death due to defe
ing an automobile under the influence ofsubsequent illness I7:137
an intoxicant in violation of statute Defendant's wilful act as proxima
4I:669 irrespective of plaintiff's fault
Judge Smith's proposed " general rule " of I5:576
liability 25:309-321 Destruction of property to prevent spread
Legal cause problem in negligence of conflagration per 20:582
se
cases 46:470-477 Direct result of active force 3
Meaning of " probable Distinction " in between
phrase intervening
" liaa
for probable consequences preixisting condition"47:557-558
25:115-1
Multiple causation Ignition
and of match as cause of damage from
damage
47:1127-1142 resulting explosion 7:123
- defects of "substantial factor" test of Injuries the result of fright 34:26
restatement 47:1127-1129 Instinctive acts breaking causal con
innocent and guilty causes strictly con- 7:55, 302; I3:599; I4:39I
current 47:1129-1133 Intervening act actively caused by defen
--innocent cause impendingant's act 37:391
when guilty
becomes operative 47:1133-1141 Intervening act done
-rule as to joint tortfeasors distinguished ant 33:646
47:1130-1133 Intervening fo
-successive guilty causes 47:1137-1141 fendant's act 33:646-650
Nature of the problem 45:416-419 Intervening person placed in dang
Observations on doctrine of proximate fendant's act 33:647-648
cause 15:541-567; 25:103-128 Involuntary human or animal a
Origin of term "proximate " 33:633-636 intervening force 39:167-168
Probable consequence rule: alleged excep-Liability for consequences of illegal acts o
tion on account of intervention of third defendant 15:225
person 25:118-123, 324-327 Liability for spread of fires 13:522
Proximate cause as basis of defense of con- Liability for suicide due to insanity caused
tributory negligence 21:234-242 by negligence 17:125

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PROXIMATE CAUSE 551
References in heavy-faced type are to LEADING ARTICLES;
CASES. The figure in front of the colon refers in each instance

Libel of sister causing damage to brother's


Personal injuries caused by breach o
reputation 21:448 nants in lease 20:72
Mental suffering resulting from
Subsequent negligence
nonfeasance does not make
4:197-198; 6:260; 7:304; I0:239, former cause remote 38:823
387; 11:202, 556; 15:201 Vendor's liability for negligence in c
Nervous shock from fright caused by neg- struction of chattel 15:666
ligence 7:304; Io:239, 387; II:202, Warranty of seaworthiness - deviation
556; 13:226; 15:304; 24:158 cause of unseaworthiness -interveni
Owner injured in saving property fired by embargo by government 41:528
defendant's negligence 16:379; 21:293 Where defendant's active force has come to
Person attacked by defendant acts in self- rest in a dangerous position 33:650-652;
defense 33:649 39:178-182
Person or animalForeseeability stirred to action by
fendant's conduct 33:646 Act or failure to act by plaintiff himself
Physiological changes not regarded as in- 33:657
tervening forces 39:164-165 Determined as of time of wrongful conduct
Plaintiff acting to avert danger to defend-
or of intervention of new force
ant 36:486 47:557-558
Plaintiff's illegal act
Effect of violation as prohibiting
of statute contr
I2:286; I5:79; 29:883 sale of firearms to minors 28:435
Recovery for insanity caused by excitement Illegal act of third person 32:293;
8:176 33:657; 36:110
Recovery for nervous shock from tort to Intervening negligence of assembling manu-
third person 16:378 facturer as relieving negligent maker of
-parent's mental sufferingcomponent
due to negli-
part 46:164
gent mistreatment of Intervening
child 20:149negligence of third
Responsibility for victim's suicide 16:227;
following
17:138; 36:762; 37
assault 45:1261 Intervention of extraordinary
Train striking automobile and
from usual throwing
course of nature it2
against switch handle soofas
Intervention to
force open
must be for
switch and cause train to collide with at time of defendant's act 3
other cars thereby injuring plaintiff Intervention of negligent act of t
35:771I 30:526
Voluntary human action stimulated by de- Intervention of wilful act of thi
fendant not properly to be regarded as 12:220; I6:147; 19:468; 21:236
actively caused 39:169-175 29:453; 37:39I
Liability for improbable consequences:
Passive cause
-negligent torts 25:237-252
Act of physician in treating wound caused
-of dangerous agencies 28:26-27
by defendant 33:648-649 -purpose of test of probability
Attractive nuisance 33:656 25:224-226
Deviation of carrier 23:25 - state of the authorities 25:123-128
Effect of intervention of a natural force
- unintended consequences in other than
29:789 negligent torts 25:230-237
Effect of subsequent negligence upon ship- causation is direct 39:163-164
-when
owner's liability for negligence 38:823
-when intended by defendant 15:576
Efficient cause of injury: causal connection 25:228-230
not broken by failure to act 3I:1I56,
Liability for intentional consequences
1168; 36:762 28:17
Failure of carrier to require surrender of for probable consequences
Liability
bill of lading as proximate cause of injury 28:17-20
to subsequent holder 37:908 Liability for remote consequences 13:149
Failure to look as concurrent cause I4:627
Liability for unforeseeable consequences of
Independent or isolating causes 28:20-23defendant's act 15:225; 36:228
Liability for failure to act 33:637-639
Liability for unusual consequences I0:252
Liability for negligence of physician Must
in intervening force be foreseeable
treating injury caused by defendant 33:652-656
39:171-172. Notice of one defect in sidewalk putting
Liability for suicide intentionally inducedcity on notice of another defect 33:985
by threatening letters 27:394 Peremptory duties and isolating causes
Omission of contractual duty created by 28:24-25
ambiguous wording of condition in in- Precise form of damages suffered unfore-
surance policy 37:626 seeable 14:377
Omission of legal duty a direct Release
cause 35:92
of lunatic 45:192

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552 PROXIMATE CAUSE - PUBLIC OFFICERS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;


CASES. The figure in front of the colon refers in each instance to the volume.

Responsibility for victim's suicide Remedies for improper removal: man-


follow-
ing assault 45:1261 damus or quo warranto 38:693
Risk of alteration of an unsurrendered bill Resignation: withdrawal 19:304; 22:232
of lading by holder to whom goods have Term of office, power of legislature to
been delivered 37:908 extend 19:626
Train striking automobile and throwing it
against switch handle so as to open Eligibility to office
switch and cause train to collide with Alien naturalized between election and as-
other cars thereby injuring plaintiff sumption of office 7:123
35:771 Constitutional disqualification for
Voluntary act of third party 11:272; tion-effect of pardon 49:157
12:220 Eligibility of women: woman as clerk
Whether intervening negligent court 33:295, 314
act foresee-
able a question for the jury 37:391 Insane person 37:384
Ousted officer, whether eli
PSYCHOPATHIC REPORTS his unexpired term 20:316, 332
See Evidence (Opinion: expert testimony).
Property qualification: whether constitu-
PUBLICATION tional 7:495
State constitutio
See Copyrights, Literary Property, Libel
tion of felony -
and Slander.
tion 48:687
PUBLIC LANDS Whether accep
ipso facto ope
See also Exemptions, Mines and Minerals,
Oil and Gas, Statutes. office of mayor 23:231
Woman elected county treasurer
Bona fide purchaser from one obtaining
patent by fraud 19:542; 31:1035 158
Women as notaries: constitutionality of
Exemption of federal homestead from lia-
bility for debts contracted prior to home- state statute Io: 87
stead 32:721, 730
Powers and duties
PUBLIC OFFICERS Absolute discretion: whether conferable by
Nature of public office statute 2:188; 4:236; 7:374; 9:483;
Eligibility to office 15:852
Powers and duties Attorney general: his rights and duties
Compensation 19:525
Liability Authority of attorney general to consent to
De facto officers entrance of decree in anti-trust cases
See also Illegal Contracts, Injunctions, 46:890, 911-916
Mandamus, Municipal Corporations, Custodian of public funds as an insurer
Quo Warranto, Sheriffs and Constables, 1O:126, 386; 11:271; 13:415; 16:524
Suretyship. Declaratory judgment, use of in testing
powers and duties of public officers
Nature of public office 43:1292
Action for dismissal without cause Delegation of duty of city clerk to examin
34:679 petition for special election 43:665
Application of lis pendens after dismissal Discretion
of of mayor in enforcement of
quo warranto petition but before final criminal law 15:569
opinion 50:140 Duty to enforce statute of w
Beginning of term 31:804 doubts the constitutionality 21:438,
Congressional limitation upon President's 444
power to remove Federal Trade DutyCom-
to leave card index system installed
missioner 49:330 at private expense 24:583
De facto officers 20:580 Extent of discretion of English le
Employee of educational commission agencies as a39:834-848
public officer 7:495 Governor's right to sue I9:524
Legal duty of duly chosen Legality
publicofofficer
acts of public
to officers: h
serve 7:186 tested 9:546; 10:453
Misconduct Powersin of prior
President and te S
removal 46:721 Treasury under Gold Ho
Party committeeman as a public office
47:480, 487-488
38:92,Public120 prosecuting officer assisted by at-
Power of executive to remove " for cause " torney privately employed I6:513
37:631 Right to question constitutionality of a
Public office as property: English and statute in mandamus proceedings
American law 8:286; 14:218; 15:675 42:1071-1074

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PUBLIC OFFICERS--PUBLIC UTILITIES 553
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in
CASES. The figure in front of the colon refers in each instance to the volume.

Service of subpoenas on executive officers


ordered without authority
of high rank 22:376, 389 subsequently 22:63
Summary confiscation by public officers
Necessary and indispensabl
43: 88-822 against inferior federal of
Superintendent of mint as insurer of funds 50:796-802
in his custody 16:524 Negligence of public officer
Validity of municipal legislator's vote upon
action accrues 9:362
an ordinance directly affecting Negligent
his prop- acts of private a
erty 23:407 Public authorities and legal
40:148-149
Compensation Public funds: extent of custodian's liability
Agreement to accept less salary than pre-IO:126, 386; II:27I; I3:415; 16:524
scribed by ordinance 50:532 Receiving a preference in his public capac-
Attorney's acceptance of public salaryity 21:534, 538
without rendering service as groundRegistrar
for of deeds: n
disbarment 46:I333 index recorded mortgage 9:362
Assignability of compensation: accrued
Sheriff's liability on bond to family of per-
wages 10:315 son lynched 12:215
Constitutionality The third degree of munici 43:617
tion to reimburse officers
Torts of agents: fo
liability of officers
illegal acts committed in the course of law 4:356-358, 361-362
duty 21:625, 633 Warranty of authority: whether
Constitutionality of state private
to public statute
officers ii:60
authorizing reimbursement for expenses
or private litigation 42:127 De facto officers
De facto officers: right to salary accruing
Basis of the doctrine 20:456-457, 580
during actual tenure 10:381; I5:675; Office created or officer elected under un-
24:658, 679; 26:555 constitutional statute 39:374
-right to set off expenses in suit by de to salary Io:38I; I5:675; 24:658,
Right
jure officer for salary 23:571 679; 26:555
--rights when salary has been paid de Validity of acts when the office does not
facto officer 7:54; 15:675; 20:240 exist de jure 2 :I53, 449
Right to police pension where applicant has What constitutes a de facto public o
already completed period of service pro- 22:542
vided by charter amendment 44:1144 PUBLIC OPINION
Salary as incident to the right to hold office Public policy in the English common
42:76-102
Liability675 Relation between legislation and pub
Acts done under void statute: civil and
opinion in England during nineteen
criminal liability 12:352;
century13:407
19:151-169
Applicability of traffic ordinance to motor-
cycle officer 49:154 PUBLIC UTILITIES
Arrest of state executive for In crime
general
35: 85 What callings are public
Award of contract to person not entitled: Rights and duties in general
liability to lowest bidder 7:377 Duty to serve
Eleventh Amendment as applied to suitsDiscrimination
against state officers 21:527, 540 Regulation: in general
Eleventh Amendment as applied to suitRegulation: rates
against state dispensary commission Regulation: valuation
22:289, 305, 611 Regulation: holding companies
Immunity of President and his agents from See also Administrative Law, Carriers,
injunction 47:I38 Constitutional Law, Eminent Domain,
Inroads upon municipal immunity in tort
Franchises, Interstate Commerce (In-
through liability of " corporate agent Commission),
terstate Commerce " Munic-
46:307-308 ipal Corporations, Public Works Admin-
Liability for private moneys 31:494 istration, Railroads, Street Railways,
Liability of chief of police for false im- Telegraph and Telephone Companies,
prisoner by city jailer 43:327 Tennessee Valley Authority, Theatres.
Liability of justice of the peace for min-
isterial acts 34:219 In general
Loss of funds without fault
PWA loans 42:136
and grants for municipally
Mandamus against executive ownedofficers and
public utilities 48:80-95
members of the legislature 23:633,
Significance 645
of English experience for
United States 48:zo15o-o53
Mayor's liability for damage from grading

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554 PUBLIC UTILITIES
References in heavy-faced type are to LEADING ARTICL
CASES. The figure in front of the colon refers in each insta

What callings are public General nature of co


Associated Press I3:68i public callings 17:156-173
Attempted regulation Injunction of private against strike of persons
trucking
business 38:980 gaged in public calling 16:518
Business affected with Liability of telegraph companies
public interest, I7:365
tory and meaning of 45:1148-1151 Mortgage of franchise 19:214
Cemeteries 26:761 Right to seize coal shipped over its l
Charges of employment and appropriate
agencies it to a I8:I51;
contract wit
32:856shipper to supply carrier with coal
Common and private employments under 33:605
the old common law 28:147-155 Rights acquired by purchasers of pub
Conflict between decisions of courts and of utilities at judicial sale 50:1303-131I
public service commissions 32:169, 179 Telephone: contract by hotel to employ one
Inherent limitation on the public service telephone company exclusively 21:62
duty to particular classes 23:339-352 Use of municipal streets in exercise of state
Insurance companies 28:84, 113, 143-146 franchise 32:736
Kinds of business affected - transportation Visitatorial jurisdictio
4i:279 49:383-3
- food industry 41:285
- fuel production 41:284 Duty to serve
- grain elevators 41:280 Abandonment of ent
-housing 4 :287 Discontinuing branch
- insurance 41:281 Duty to increase facilities 26:183
- theater tickets 41:289 Excuses for not serving: failure of supply
Lord Hale and business affected with a 3I:1025, 1035
public interest 43:759-791 Illegality 23:577-589
Limitations upon right to
Pipe lines 26:631, 655; 28:84, 104,
142-143 public employment 16:3
22:367, 386; 23:646
Public and private callings under modern
law 28:140-147, 156-162 Obligation to continue unprofitable service
Public places of amusement: attempted 32:439; 37:368, 392
regulation by statute 19:472
Railroads: whether obliged to allow erec-
tion of elevators Io:451
Public utility concept in American law
41:277-308 Right to serve themselves I6:209
Right to turn off water for non-payment
-devotion to the public 41:293-303
- kinds of business affected 41:277-293 of charges 24:67
Strike as an excuse for failure to furnish
- labor devoted to public utility service
services 35:623
41:303-308
Radio broadcasting 41:812-813; Telephone connectio
23:54, 69; 24:158; 25:569
49:1335-1336
To whom duty of service is owed by water,
Regulation of fees of employment agencies
42:126
gas, electric, and telephone companies
23:346-351
Regulation of prices-whether confined
to public service companies 19:225 Discrimination
Significance of Munn v. Illinois 50:2 According to purpose of shipment
Telephone and telegraph companies 20:518-519
15:309 According to units of shipment
Test of public calling 25:97-99 20:515-516
Theater ticket agencies 40:1o09 Collateral business under same manage-
Virtual monopoly as creating public calling ment 20:528-530
17:217-231 Continuing contrac
Rights and duties in general when made which
Common law right and duty to fix and quent change in other rates 27:395
receive reasonable charges 38:206-207 Contract by telephone company to give
Conflicting grants of street franchises exclusive connection to another company
41:236-241 23:54, 69, 646
Contracts by railroad as to location of Discrimination by terminal company be-
depots 28:326 tween transfer companies 35:623
Discretion of court to refuse
Elevator allowances to shippers 25:456,injun
restrain violation of charter478 on g
of public convenience 28: o Liability for conspiracy to discriminate
Duration of franchise created by against estoppelplaintiff in the absence of intent
46:1028 to discriminate against him 21:546
Eminent domain: electric light and power Obligation to serve all at reasonable rates
company 20:649 irrespective of ability to pay 23:648

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PUBLIC UTILITIES 555
References in heavy-faced type are to LEADING ARTICLE
CASES. The figure in front of the colon refers in each instanc

Primary and secondary Requisites of adequate review of state


consumers
3I: 1025 utility rate orders 50:813-821
Suburban service 25:276, 295 State control of public utilities
To customers of a rival 20:512-514 24:624-634
To dependent public service companies State law forbidding combinations in re-
20:525-528 straint of trade to public service com-
To large and small customers 20:514-517 panies 21:633
To rivals 20:524-525 State regulation of hours of labor and
When service unusually wages expensive
as condition to state aid 45:377
20:514-515 State's power to require license as pre-
Regulation: in general requisite to doing business 47:92-93
Street railways: municipal regulation
Approval of bankruptcy reorganization
plan by state public utility commission I6:436
49:1197--198 - right to require interchange of transfers
Commission's approval of purchase at ex- 27:380, 395
cessive price upon condition that only Telephone companies: commission's order
fair value be entered as capital invest- compelling physical connections 28:113
ment 47:533 - mandamus to comply with municipal
Compulsory arbitration ordinance which granted franchise
of disputes i
industries 38:774-781 21:448
Water companies:
Conflicting rights of telephone and regulation
power requiring in-
companies on highways: crease of facilities beyond
induction andthose required
conduction 34:331 by charter 26:183
Contracts for division of territory: whether
an illegal restraint of Regulation:
competitionrates
26:761 Chicago telephone case: a n
Developments - I887-I936 o5:186-187
in rate review 48:83-89
Federal courts and state regulation
Charter and franchise 38:208-216
43:379-425
Competition and decline in railroad traffic
Gas companies: municipal regulation
as bar to finding of confiscation
9:286 48: 392-1393
Government ownership Doctrine
of public utilities
that rates may not exceed " the
I6:476-490 value of the service " 46:761-762
Grain elevators 6:44; 8:175 Effect of business conditions upon reason-
ableness
Injunction against the giving of free rides of rate of return 46:763-768
by a competing bus companyFixing
37:395minimum price of milk 47:I30
Law of public callings as solution for trustof judicial and administrative
Function
problem 17:241-247 bodies in rate making 37:366, 382
Malevolent free competition enjoined
Gas companies: legislature authorizing un-
37:395 reasonably high gas rate 20:69;
Modification of Supreme Court decisions 21:56
on public utility regulation 46:399-403 Hoch-Smith Resolution and the future of
Municipal utility: public utilities commis- the Interstate Commerce Commission
sion as a "special commission" forbid- 42:610-638
den by state constitution 42:836 Increase of rates because of rise in prices
Natural gas companies doing interstate and expenses without valuation of com-
business 32:860 pany's property 33:I07
Power of legislature over
Judicial reviewcontracts
of rate commissionersof ra
road companies with cisions employees
38:152-179 8:5
Power of state andLegislative federal commissions regulation of
compel disclosure of corporate38:208-231 affairs
47:338-340 Limitations on legislative
Preference given to railroad in application 38:221-222
for certificate to operate bus line 41:542 Municipal contracts and t
Protection of public service enterprises rates 16:1-21
from competition 33:576, 614 Origin and devel
Purchase by affiliate at foreclosure sale as 50:78-93
voluntary transfer of license requiring Power of commission to fix rates when a
approval of Federal Power Commission statutory maximum rate has been held
46:857 confiscatory 34:680
Railroads Io:451; I2:50 Power of legislature to fix rate b
Railroad's charter amended by legislature 48:726-729
I0:I28 Power of a public utility to fix its rates and
Regulation of public utilities during the
charges in the absence of regulatory
depression 46:745-775 legislation 38:202-231

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556 PUBLIC UTILITIES
References in heavy-faced type are to LEADING ARTICLES; in italic
CASES. The figure in front of the colon refers in each instance to the vo

Power of state by commission to alter ratescost excludin


production
fixed by long-term contracts 32:75, to
fairness 88 existing inv
Power of state to alter rates fixed by mu- 4I:595-614
nicipal franchise 31: 168 --relative merits of pru
Railroad revenue problems as affected by
and reproduction cost
the decline in traffic 48:1382-1400. tracting capital 4I:596-603
Reasonable rates after termination of - reproduction cost as a device for
franchise 31:1o36 taining rates at competitive price l
Reproduction cost as evidence of 4I:609-614 value in
rate-making 35:76, 86 Effect of overbuilding and excess capacity
Right of company to increase rates fixed by 46:755-760
franchise 33:97, II6 Elements of reproduction cost in figuring
Right of public service commission value 37:437-457 to alter
rates fixed by contract 33:97-98 Evolution of cost of
Right to alter rates fixed by contracts rate base 41:564-592
32:74, 88 -attitude of courts and commissions to
Smith v. Illinois Bell Tel. Co.: a develop- recent decisions of the Supreme Court
ment in the law of public utilities 41:573-592
44:833-837 -recent cases in United States Supreme
State regulation of rates and the Fourteenth Court 4I:568-573
Amendment 15:249-270, 353-381 Fall in value of fixed
Statute, commission order, municipal or- pairment justifying
dinance 38:216 ment of dividends 46:722
Statute valid
in "Going
its inception can
value " as part of presel
held confiscatory because of 27:744, 768
altered
level 34:85 Index method of valuation in th
Stockyards i2:278 Court 49:297-304
Theatre tickets: regulation Interest ofof resale price
public utility
37:I125 preciation 48:721-747
Turnpike road IO:I28, 450 Necessity for independent
Ultra vires orders and ordinances 38:222 ment on law and facts in rev
Validity of minimum price of milk to pro- mission action 40:1033-1076
ducer as applied to wholesaler unable toOpinions of Mr. Justice Brandeis
compete at minimum wholesale price 45:59-67
48:331 Railway valuation and the courts
Value of the service as a factor in rate- 33:902-928, 1031-105
making 32:516-556 Reproduction cost as evidence of
Violation of the contract, ratecommerce,
making 35:76, 86; 37:174-200,
and
due process clauses of the Constitution 290-300, 457-463
38:222-231Valuation as a requirement of due process
Wasteful management asofbar law intorate cases 43:1275-1280
finding of
confiscation 48:1387-I388 Valuation by judicial fiat: recent develop-
Water companies 4:41 ment in United States Supreme Court:
spot reproduction cost as value for rate-
Regulation: valuation making purposes 40:567-582
Abandoned property as depreciation Valuation of franchise for rate purpose
27:369, 395 28:501, 526
Attitude of utilities toward the rule of Valuation of property of public serv
Smyth v. Ames 4I:575-579 company as basis for determining rat
Complexity of valuation for rate-making 25:379
purposes 49:1272-1276 Valuation of water right and franchise as
Concept of the rate base as device basis for for
determining
ad- irrigation rates
justment to fluctuations in price level 25:173, I95
46:752-755 Whether properly based on actual capital
Disregard of valuation in ratecost or cost of reproduction 27:419-436
review
48:83-86
Economic merits of original cost and repro- Regulation: holding companies
duction cost 4I:593-622 Legislation extending control over public
- administrative convenience of the two utility-affiliate contracts 45:729-737
bases of rate control 41:603-605 -banking transactions 46:508-513
- effect on efficiency as a criterion of the declarations 46:513-51
- dividend
rate base 41:606-608 -financial transactions 46:508-515
- fairness to existing Procedural
investors aspects of litigation under Pub-
41:614-622lic Utility Holding Company Act
- merits of prudent investment versus re-
50:655-662

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PUBLIC UTILITIES -QUASI CONTRACTS 557
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in p
CASES. The figure in front of the colon refers in each instance to the volume.

Public Utility Holding CompanySee Act


alsoof
Constructive Trusts, Contracts
1935: Service contracts 49:989-993 (Contract implied in fact), Equity.
Requirement of affirmative showing of
public benefit in denying application by
Nature and scope of the obligation
a holding company for permission to General discussion 7:57-75
purchase stock of a utility company Agent's reimbursement for loss from
41:928 committed under principal's orders
Servicing function of public utility holding 22:131, I45
companies 49:957-993 Change of position as a defense
- contract provisions for fees 49:966-967 20:212-218
- expenses and profits 49:967-978 -in action based on duress 44:657
-nature of services rendered Change of position in English law 48:528
49:959-962 Compared with agency 20:211-212
-possibilities and effect of abuse Compared with implied warranty
49:978-982 20:206-210
-types of servicing agencies 49:962-966 Illegal contracts: recovery by plaintiff for
State regulation of service contracts of part performance, malum prohibitum,
public utility holding companies when he has disaffirmed before perform-
49:982-989 ing illegal part 21:137, I5i
- recovery for services under contract void
PUBLIC WORKS ADMINISTRATION
for champerty 29:874
Loans and grants for municipallyImplied
owned promises: origin of the doct
public utilities 48:89-95 2:53-69
- scope of act 48:92-94 Implied warranties not a quasi-contractual
Loans for construction of municipal utili-
obligation but a contract implied in fact
ties 48:807-809 33:383-385
Loans in excess of city debt limits
Judgment-debt a quasi-contractual obliga-
47:688-693 tion 9:158
Keener's "Treat
PURCHASERS FOR VALUE WITHOUT criticized io:209-227, 479-512;
NOTICE
I :402-403
See Assignments for Creditors, Bankruptcy,
Liability on other grounds than unjust en-
Bills and Notes, Bills of Lading, Bonds,
richment 50:o003-0o04
Constructive Trusts, Corporations, Limitation of actions to recover money
Equity, Executors, Fraudulent Convey-paid under mistake 4I:IO51-1055
ances, Injunctions, Judgments, Liens,
Mansfield's influence 45:1333-1338
Mortgages, Pledges, Quasi Contracts, Re-
Measure of damages as a test of whethe
cording and Registry Laws, Trusts,
court is proceeding on contract or quasi-
Warehousemen.
contract 33:376-378
Mistake: true basis of recover
QUARANTINE the same io:507-512
Constitutionality of quarantine laws Money paid for illegal purpo
2:309-311
of same 12:436
Duty of railroad to inform passengers Moral obligation as basis
20:232 tual right i:217
Restraints of Federal Constitution on state
Narrow views of Eng
quarantine laws 2:267-282, 293-315 Patient's financial sta
What is quarantine law 2:267-270 determination of re
Widow exercising right, not in adverse pos-physician's services 42:584
session 4:1 49 Quasi contract a meaningless phrase out-
worn 33:626
QUASI CONTRACTS Quasi contracts d
Nature and scope of the obligation tracts implied in fact 8:93-106
Rights arising from mistake of fact Quasi-contractual liability of municipal
Rights arising from mistake of law corporations 47:1143-1172
Rights and obligations of parties in de- Quasi-contractual principle in the law
fault under contract
contracts 46:34-35
Recovery for benefits conferred without Reason for contractual re
contract
cases 7:67
Money paid to the use of the defendant Recovery for
Money paid under duress or compulsion action 39:502
of law
Recovery where parties
Forms of action
taken belief in existen
Rights and obligations of parties to a plied in fact rather th
contract
33:385-39

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558 QUASI CONTRACTS
References in heavy-faced type are to LEADING ARTICLES; in italics to
CASES. The figure in front of the colon refers in each instance to the volum

- change of position - the equitable


Restitution as basis of quasi-contractual
rights io:500-512 analogy 45:1344-1345
Rights of one fraudulently - changeinduced
of position towhere no
marry against estate of deceiver 45:1350-1356
9:290 --comparative negligence and
Seamen's recovery in a quantum meruit inposition 45:1356-1364
case of interrupted voyage 32:440 Recovery of money paid--effe
The Statute of Frauds and oral agreements ligence on defense of change o
to mortgage land 44:272 47:1066
Unjust enrichment as basis of Recovery of money paid under
quasi-con-
tractual rights I0:221-227; II:249-257 45:1333-1364
Whether carrier may recover Recoveryexcess value of money paid under
of services rendered to shippers fact: general
underdiscussion x:211-222;
confiscatory rate statute 32:428, 432 I5:324
-money paid on forged indorsement: re-
Rights arising from mistake of fact covery of same 8:480; I6:514
Change in defendant's position-payment in anticipation of a non-ex
as a defense
:218, 221-222; 7:241 ing legal liability 23:229
Change of position as defense-recoveryin cases of by executor of excess
ment from creditor when estate tur
payment under mistake on a negotiable
instrument 42:411-414 to be insolvent 23:403
-recovery from judgment cre
Change of position in quasi-contracts
45:1333-1364 money paid at execution sale
Chose in action: recovery of erty money to paid
which
to judgment deb
second assignee of same 13:530 title 25:473
-recovery of ov
Demand as prerequisite to recovery based
on mistake of fact i:218-220 18:546
Recovery of ove
Effect of parties being in pari delicto
I5:344-345 administrator 32:329-348
Equitable basis of recovery in such cases -effect of laches and change of
I:215-271 32:340-348
Failure of consideration as a prerequisite toRecovery when party knew that
recovery i:215 tion might fail io:527
Kind of mistake Re-instatement
which warrants of insurance
recove p
rendered under mistake of fa
I:212-214
Mistake as to party to contract 20:423 Relation between suit in equity
Mistake as to price 32:I79 of quasi contract 39:1105
Money loaned in ignorance of Remedy previousfor
in-mistake of fact in eq
stitution of bankruptcy proceedings i:212
against borrower 33:862 Right to recover for medical services ren-
Negligence of the plaintiff as adered bartotocharity
re- patient gratuitously on
covery I:218 assumption that donee was poor man
Payment by mistake of post-dat 42:283
32:579 Service by woman for supposed husband:
Payment in full to creditor of insolvent recovery therefor 2: 86
estate: recovery of same 14:74
Payment of bill of exchange withRights forged arising from mistake of law
bill of lading attached: doctrine of Cestui's
Price right upon failure of oral
v. Neal 32:56o, 573 20:551-555
Effect of defective
Payment of excessive freight exercise of contractual
by mistake as
creating maritime lien 47:519 powers by municipal corporation
Payment to mortgagee after transfer of 47:1157-1164
note and mortgage securing note Failure of oral trust in favor of grantor
42:1082 20:551-553
Purchase for value without notice as a Mistake of law: a suggested rationale
defense I:220-221 45:336-342
Recovery for benefits conferred
Payment to avoid penalty distinguished un
contract with an from
unauthorized agent
payment under mistake of law
30:402 47:14r8
Recovery from agent: what constitutes Quasi-contractual liability of municipal
payment over to principal 40:326 corporation for money received under
Recovery of money paid: change of posi- invalid contract 47:1148-1153
tion and payment over 45:1345-1350 Recovery of excess value of services ren-
--change of position and purchase for dered by carrier under confiscatory rate
value 45:1338-1343 statute 32:428, 432

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QUASI CONTRACTS 559
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to

-consideration paid forRescission


oral declaration
of contract for
of trust 20:549-551 purchaser: whether vend
-legacy paid by executor 12:357 for use and occupation 29:340
- payments made under contract supposed
Right of guilty party to illegal contract
to be lawful I7:62, 498 quasi-contractual recovery for value o
-premiums paid on insurance policy
part performance 50:1320
14:467 Services under oral contract within S
-recovery from estate of money of Frauds:lentrecovery
to 14:467
misbehaving executor 23:228 Statutes regulating defaulting emplo
- taxes paid 7:I86; 11:475 recovery for services rendered
--under ultra vires contract 23:627, 641 43:647-651
Recovery of money paid: general discus-
Suit by sole beneficiary on implied prom-
sion 21:225; 32:284 ise to use due care 13:605
--payment of debts of deceased
Wilful breach by by sup-
defendant: liabilit
posed devisee 45:1265 quantum meruit thereafter ii:342;
- in conformity with overruled precedents I3:140; I4:320-321; 20:423
47:1405 Wilful breach by plaintiff: right to sue on
- a suggested rationale 45:336-342 quantum meruit thereafter 7: 84;
- under mistake 45:1333-1364 8:364; Io:38I; 12:284; I5:73; 20:423
Relation between suit in equity and ac-
tion of quasi contract 39:1105 Recovery for benefits conferred without
contract
Service by woman for supposed husband:
recovery therefor 36:487 Avoidance of expenditure by defendant as
ground of recovery 6:I55; 7:312;
Surrender of certificate of indebtedness:
recovery of value 10:64 8:420
Compensation
Ultra vires contract--recovery against from adjoining owner for
corporation 48:68I use of party wall built without his con-
Validity of trust established
sent under
21:222 mistake
of law 42:585 Goods delive
contract existed 20:423
Rights and obligations of parties
Illegally collected in d
sales tax assessed
under contract ceeds of gambling game 48:1439
Contract made unenforceable by a rule of
Implied promise to pay for services: when
evidence 24:158 presumed 5:353; II:4I5
Contract made unenforceable by
Improvements: Statute
land under mis
of Frauds 27:286 title: recovery therefor 10:453
Disaffirmance by vendor -logs cutof express
by mistake: con-
recovery for in-
tract for fraud: its effect I5:32I crease in value 8:356
Failure of title conveyed by defendant- quasi-contractual remedy of
with covenants 15:86i when property of one man
Forfeiture for breach of implied taken condition
by another and improv
of good behavior discovered after full 22:424-426
performance 50:1315 -to converted property 20:227, 236
Implied promise not negligently to for
Indemnity prevent
liability for a tort commit-
performance 6:447 ted at another's request 38:397
Liability of municipal corporations for
Measure of damages when increased value
services performed under void
less contract
than cost of work done 23:I50
I7:343 33:385-390
Money due in future: recovery of sameMoney
on paid in consideration of oral prom-
breach of express contract I5:397 ise to transfer land 37:662
Parents' liability on breach of agreement Obligation of one municipality discharge
as to custody of child 29:338 by another 47:1152-1153
Recovery by plaintiff for part performance
Owner's acquiescence procured by fr
of illegal contract, malum prohibitum, 24:408
when he has disaffirmed before perform-
Parent's liability to infant for services
ing illegal part 21:137, 15I 6:382
Recovery by plaintiff in default for services
Payment of deceased debt by volunteer
rendered under contract unenforceable 43:1164
under Statute of Frauds 21:544 Plaintiff's bad faith as a bar to relief
Recovery of consideration for ultra vires 20:423
contracts 38:I20 Property destroyed to prevent the spread
Recovery of consideration of fire paid 20:582
in fluctuat-
ing currency 45:II19 Protest as a prerequisi
Recovery of money paid on failure cessiveof con-
charges 13:694
sideration 17:199 Recovery for benefits conferred wh

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560 QUASI CONTRACTS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

ties have failed to agree on terms Money paid to public


39: I30 22:52, 63
Recovery of illegally exacted taxes Money paid under judg
47:1153-1157 recovery of same I0:I33
Recovery of taxes paid under protest Money paid under legal proces
33:318 of same 9:I58
Rights of garage proprietor against owner Money paid under
of lost automobile stored by unauthor- cution: recovery of same 26:255, 268
ized third person 42:132 Recovery of money paid to avoid penalty
Taxes: local assessments for particular pur-
or forfeiture 47:1413-14I9
pose diverted to general funds 33:481for labor wrongfully obt
Recovery
-recovery of illegal and unconstitutional from convict i2:65
taxes 45:511-531 Recovery for repairs on
- recovery of taxes collected under uncon-
25:77, 93
stitutional statute 25:668 Right of life beneficiary to lien on insur-
Threat of legal proceedings 28:332 ance policy for premiums voluntarily
Threat to prosecute a relative as duress paid 29:229
34:79I Saving resulting
Unsolicited services rendered by physicianant's tort: recovery for same I5:572
in emergency 46:528 Services performed by agent for estate of
Voluntary overpayment to principal:
avoid recovery
businessfor same 11:65
loss 20:580 Services rendered by infant under con-
What constitutes tract by which defendant
an involu took infant
of taxes 33:318 into his family 23:226
Subcontractor's right when o
Money paid to the use of the defendan
tractor's claim is unenforce
Money paid to defendant's agent and em
Taxes paid by
bezzled by him: recovery of lessor
same on build
I5:677
by lessee: recovery for 19:387
Money paid underForms of action vires contract: r
ultra
covery of same 9:285, 546 Accrual of action in assumpsit at time pro-
No recovery against a municipality where
ceeds are received 6:232-233
contract intra vires but made in an un- Binding election 20: 241
authorized manner 23:569 Conversion of property as basis f
Recovery by wife against husband offor
assumpsit
her 6:239-243
expenditures for necessaries 24:306,
Effect 324
of judgment in passing tit
Recovery for money loaned to tel lunatic to
converted 26:17X, 183
buy necessaries 25:725, 740 Joint tortfeasors: several liability,
Recovery for performance of defendant's
sumpsit 6:269-279
contractual duty 24:583 Liability of person assum
Recovery of money borrowed to as agent
make good 6:227-230
theft from defendant 8:I78 Money obtained by fraud
Rights of drawee bank which has same
paid to in assumpsit 7:243
innocent holder for value forged check,
Recovery in assumpsit by shipper
used without defendant's knowledge to freight 6:385; 13:694
cessive
pay improvement assessments Right
on de-of convict forced to labor on Sund
fendant's land 22:141 to sue in assumpsit 12:65
Set-off in assumpsit on waiver of t
Money paid under duress or compulsion of
law I8:398
Bill to remove vendor's lien when claim for Unjust enrichment as basis of rig
waive tort 6:223-227
purchase price is barred by limitations
I8:471
Waiver of tort and electi
Change in character of locality as ground
6:223-243, 26
for bill to remove restrictions as cloud Wrongful use and occup
on title 29:106 assumpsit does not lie 6:238-239
Wrongful user of property as basis for ac-
Inadequacy of remedy where the m
tion of assumpsit 6:225-227, 237-238
paid to a person other than the defe
39: 109 Rights and obligations of parties to a con-
Insurer's right to reimbursement from in- tract
sured for workmen's compensation lia- Casus and frustration in Roman and com-
bility imposed because of its own failure mon law-right to recover payments
to give notice of termination of insur- made 46:1281-1300
ance 50:706 Effect of impossibility
Money paid as ance in British
taxes civil-law and under
common-
a penalty 31:898 law jurisdictions 50:1269-1270

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QUASI CONTRACTS -RAILROADS 561
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

Quasi-contractual recovery for Mandamus part per- to compel state's attorney to


formance of a contract 44:623-628 bring quo warranto to oust an officer in
Recovery by employer of employee's earn- private corporation 21:371
ings from a competitive business National banks: liability to quo warr
47:352 by state 37:899, 907
QUIETING TITLE Ouster from particular f
See also Adverse Possession, Cancellation others
of are legally used I4:459
Visitatorial jurisdiction over corporations
Instruments, Covenants of Title, Equity,
Mortgages, Specific Performance, Vendor 49:376
and Purchaser. RADIO
Bill for concellation of unenforceable cove- Administrative control of radio
nant 22:543 49:1333-1343
Bill of one who Constitutionality
has of state tax on owners an
convey
nant of warranty 20:653 operators of radio receiving sets 44:992
Decree against presumptive remainderman Denial of injunctive relief from order of
Federal Communications Commission re-
adjudicates his claim 38:526
Removal of cloud on title in favor of ad- fusing representation 49:659
verse possessor 18:147 Effect upon tort law 50:729-731
Removal of cloud from personal Freedom of radio speech 46:987-993
property
20:421 Hotel reception of broadcast music as a
Suit to quiet title for breach of condition performance for profit infringing copy-
subsequent 31:8o0 right 43:318
Virtual representationHotel bindingreception subsequent o
claimants 41:543 restricted license
What constitutes a cloud on title 18:527 47:703
What constitutes a removable cloud on Liability of broadcasting station for defa-
title 4I:I04 mation over radio 46:133-I38
Natural communism in air 47:429-430
QUI TAM ACTIONS Radio and international law 50:426
See Burden of Proof, Patents. State taxation of radio broadcasting
49:473-478
QUO WARRANTO Unauthorized broadcast of news items
See also Attorney-General, Constitutional gathered by newspaper association
Law, Corporations, Federal Courts, Man- 46: I75
RAILROADS
damus, Municipal Corporations, Public
Officers. Title to land or right of way
Against private corporations for acts in ex- Operation of leased lines
cess of corporate powers 41:244-248 Railroad crossings
Application of lis pendens after dismissal Liability to trespassers
of quo warranto petition but before "Look and listen" rules
final opinion 50:I40 Liability for damage to animals
As a remedy for improper Liability
removalfor fires
from
public office rather than Federal war-time control
mandamus
38:693 See also Agency, Animals, Bankruptcy
(Railroad reorganization),
College: liability to quo warranto I4:532 Carriers, Con-
Determination of territorial limits stitutional Law (Trial by jury), Con-
tributory Negligence, Dangerous Prem-
3I: 033
Discretionary power of court in quo ises,
war- Eminent Domain, Employers'
ranto against municipal corporation Liability Acts, Interstate Commerce (In-
35:73 terstate Commerce Commission), Master
Disputes in regard to offices at will and Servant, Municipal Corporations,
24:313, 326 Negligence, Public Utilities, Restraint of
Information by attorney-general ex officio Trade, Street Railways, Taxation.
may be filed without leave of court
35:75 Title to land or right of way
Judgment against de facto officer for sal-
Assessments: conclusiveness of finding of
ary an estoppel in action against munici- city council that right of way is so bene-
pality 20:240 fited as to be subject to assessment
Judgment of ouster as bar to re-electi 21:292
20:316, 332 Ejectment against railroad: vendor reserv-
Judgment of ouster: immediate
ing title till payment 21:435 opera
when appeal is taken 10:313 whether barred by laches of owner
Laches of state as a defense in quo war- 8:120
ranto against municipal corporationExemption from levy of execution for un-
35:75 paid taxes 10:382

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562 RAILROADS - RAPE
References in heavy-faced type are to LEADING ARTICLEs; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume.

Injury of elevated roads to abutting"Look and listen " rules


owner
17:20I In general 13:226
Land condemned by railroad used for pri-Aftermath of the Su
vate warehouse 28:208 look, and listen rule 43:926-932
Local assessment: constitutionality Direction of verdict for
ofdefendant
stat- in face
ute imposing liability 25:723, 738 of failure to look and listen 26:93
Loss of title by adverse possession: whether Failure to look not cause of injury 14:627
railroad exempt I5:I46; I7:57 Passenger crossing tracks at railroad station
Prescription, easement acquired by 24:63 11:414
Railroad track in highway as additional
Passenger in street-car crossing steam rail-
servitude 4:70-83, 253-255; 7:54,438;road 7:378
15:665
Liability
Right of owner to oust railroad wrongfully for d
in possession 26:184 Animals trespa
underof
Right to exclusive possession fencing statutes 18:69
unused
portion 42:963 Breach of duty to fence 18:716
Sale on execution of Cattle running at large
portion of inroadbed
western states b
prior encumbrancer 17:424 27:396
Fencing statutes, extent of liability under
User by telephone company as additional
servitude 20:501 11:419
Trespass by animals as a defense 6:322
Operation of leased lines
Liability for fires
Lessor's liability to lessee's employees
Absolute liability imposed by statute
I8:152 7:495
Liability of lessor for expenses of receiver-
Combustibles accumulated on plaintiff's
ship of lessee 26: 65, 184 land: whether a defense II:555; 14:74
Liability of lessor for negligenceContributory
of lessee negligence of abutting land-
20:334
owner 27:688
Liability of lessor for unjust discrimination
Validity of contrac
by lessee 25:726, 743 tory liability fo
Liability of licensor for negligence of li-
censee 32:179 Federal war-time control
Operation of In generalrailroad
leased 31:860-874 by
ceiver 46:1134-1135 Compensation 31:870-874
Director General's power to waiv
Railroad crossings 36:491
Effect on rate regulation
Compensation for alterations 31:863-866 by
required
Federal power
statute when a highway is to own railroads
opened in peace
across
a railway 21:288 time 33:775-793
Failure to whistleRegulatory statutes 3I:866-867 non
on approaching
grade crossing not State power over intrastate
negligence per rates
se
I9:I40 32:299-314
Ordinance requiring railroad to construct Taxation a 31:867-870
viaduct suitable for use by a street RAPE
rail-
way: constitutionality 26:169, I83
Right of an electric railway on a crossingSee also Assault and Battery, Homicide
impliedly dedicated by a railroad Nature
21:629 Consent of girl below age of consent
Street railway bearing expense of crossing 12:216
over railroad 16:146 Intercourse with common law wife under
age of consent 34:92
Liability to trespassers Liability for attempt of boy
Contributory negligence 18:231 capable of rape 12:280
Duty to keep look-out: in general 12:358
-in thickly settled districts I4:148 Evidence
Duty to trespassing children 27:595 Admissibility of complaint of child too
Injury sustained in saving life endangered young to testify I5:4Io
by another's negligence 28:638 Admissibility of particulars of c
Liability to person riding unlawfully 11:I99; 15:410
29:785 Evidence of previous intercourse admissible
Trespasser on train injured by collisionas showing likelihood of having com-
18:397 mitted this crime 24:148, 154
Offer
Who are trespassers: trespasser on train of to compromise 20:71
connecting railroad using defendant's Proof of previous acts of intercou
tracks 25:93 prosecutrix 13:224

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RATES - RECEIVERS 563
References in heavy-faced type are to LEADING ARTICLES; in italics t
CASES. The figure in front of the colon refers in each instance to tne volum

RATES Appointment: right of simple contract


creditor to appointment of receiver
See Administrative Law, Carriers, Consti-
tutional Law, Interstate Commerce, Pub- I9:63
lic Utilities, Street Railways, Telegraph
Attitude of Supreme Court toward friendly
and Telephone Companies, Valuation receiverships
of 47:291-293
Property. Conflicting criticisms of tradition
ganization methods 48:1100-1110
RATIFICATION
Conflicting federal and state jurisdiction in
See Agency, Contracts, Corporations, equity Ex-receiverships 4I:70-74
ecutors and Administrators, Husband Consent answer as assignment for bene
and Wife, Infants, Sales. of creditors 39:784
REAL PROPERTY Consent receivership for
sought by simple creditor 50:1323
See Estates, Future Interests, Property.
Defects of equity receivership in railroad
See also Accretion, Adverse Possession, At-
reorganization 49:1255-1258
tachment, Boundaries, Cemeteries, Con-
Determination in state courts of local issu
flict of Laws, Constructive Trusts, Cor-
involved in federal receivership
porations, Covenants of Title, Covenants
48:1403-1407
Running with the Land, Curtesy, Dedi-
Development and defects of friendly re-
cation, Deeds, Descent and Distribution,
ceivership as vehicle for reorganization
Disseisin, Dower, Easements, Ejectment,
48:41-46
Eminent Domain, Equitable Conversion,
Devices for reducing the number of im-
Equitable Servitudes, Equity, Estoppel,
properly procured consent receiverships
Fixtures, Highways, History of Law
in the federal courts 44:991
(Property), Husband and Wife, Joint
Directors: bill against delinquent director
Tenancy, Landlord and Tenant, Legacies
of corporation 20:70
and Devises, Limitation of Actions, Me-
Economic emergency as groun
chanics' Liens, Mines and Minerals,
foreclosure and denial of re
Mortgages, Municipal Corporations,
47:302-304
Nuisance, Party Walls, Possession, Pow-
Effect of the appointment of a receiver of
ers, Prescription, Profits d Prendre, Pub-
property outside the jurisdiction 35:613
lic Lands, Quieting Title, Recording and
Effect of pending receivership in approving
Registry Laws, Rent Charges, Right of
bankruptcy petitions under ? 77B
Support, Rule against Perpetuities, Rule 48:289-290
in Shelley's Case, Specific Performance,
Existence of state statutory scheme of liqui-
Statute of Frauds, Taxation, Tenancy by
dation as ground for refusing federal re-
the Entirety, Tenancy in Common, ceivership 48: 401-1403
Trusts, Uses, Vendor and Purchaser,
Extraterritorial powers of receiver
Waste, Waters, Wills.
45:429-465; 48:947-95
RECEIPTS Federal receiverships in Massach
I929-I932 47:828-840
See Accord and Satisfaction, Bailments,
-attitude
Carriers, Estoppel, Insurance, Sales, Stat- of Supreme Co
ute of Frauds, Warehousemen. ceiverships 47:828-830
-duration 47:838-839
RECEIVERS -expenses 47:839-840
Nature and grounds of receivership-friendly receivershi
Appointment and qualifications -informing the court 47 831-832
- operation 47:835-836
Title to and possession of property
-receivers: character 47:833-835
Management and disposition of property
Allowance and payment of claims -results: liquidation 47:836-838
Actions -reorganization 47:838
Specific performance -size, type and condition of properti
Priorities 47:832-833
See also Bankruptcy (Corporate Reorgani-Forcible ousting of cropper from premises
zation, Railroad Reorganizations), Banks by landlord 35:882
and Banking, Conflict of Laws, Cor-Formation of corporation solel
porations (Reorganization), Interstate ganize 50:1311
Commerce, Railroads. Governmental priority
assignments for cr
Nature and grounds of receivership Inadequacy of federal e
Abuse of friendly receiverships -effect of 50:191-192
Railroad Reorganization Act of 1933 Interference with tax machinery by officials
47:23-31 of defaulting state political subdivision
Appointment in aid of judgment creditor 46:1319-1320
27:76I Internal dissension in trade union 46:1037

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564 RECEIVERS
References in heavy-faced type are to LEADING AR
CASES. The figure in front of the colon refers in each i

Jurisdiction of equitypointed by Federal


to appoint Far
a receiver
of a solvent private corporation 37:267 4I:929
-where no other relief is of
Jurisdiction sought
senior circuit35:204
judge, self
Jurisdiction to liquidate
designatedthe affairs
as district judge, to of a
appoin
foreign corporation on a
receiver in stockholder's
disregard of district court'
bill 44:437-442 division of business 46:503-507;
Law and practice of receivers 32:297
47:277-281
Liability of domestic
Power receiver of
of court to appoint foreign
a receiver after
corporation to foreign franchise tax
an appeal in the principal cause 41:544
39:516
Power to appoint a receiver when such ap-
Limitations on the doctrine of
pointment is the solefriendly
object of the suitre
ceivers 41:804 30:273, 289
Meaning of "equity Primaryreceivership" und
jurisdiction of federal courts in
Bankruptcy Act,friendly? 77B 49: 47:682-688
receiverships 116-11x9
Mortgage foreclosure in federal
Qualifications court aft
of receivers io:139-149
property is in hands of state court re
ceiver 49:338 Title to and possession of property
Nature and necessity
Alienation of ancillary
of property rece
in custody of court
ship 50: I88- 189 47: o25-1026
Pendency of numerous Custody actions against
of property cor-
before appointment
poration as ground for of appointment
receiver 24:67
I8:398 Effect of possession up
Permission to appeal lies within discretion receiverships 21:433, 446
of court 17:204 Interest of beneficiary of a spend
Power of state to dissolve
trust 43:72 corporation
whose property is in the hands of federal
Interference w
receiver 21:279, 293 contempt 17: 96
Procedure of receivership and reorganiza-
Interference with re
tion 47:18-20 lien obtained on tax sale I8:232
Procuring appointment of receiver: Nature of receiver's title 14:6o8
whether act of bankruptcy 14:69; Right of state court to establish claim
16:369 against property which federal receiver
Propriety of friendly receiverships in the has sold on condition that certain claims
federal courts 43: 298-1301 against it be paid by purchaser 21:433,
Receivership of domestic corporation hav- 446
ing no property in state 47: 1175
Right of tenant's receiver to enjoin distress
Remedies against "milking" of property
for advance rent 29:335
by mortgages 46:49I-497 Rights of foreign " statutory succes
Right of mortgagor to appointment of corporation 48:835-843
dissolved
receiver 43:1161 State control of property in federal re-
State or federal controlceiver's over receiverships
hands when state court has juris-
48:I400-1407 diction of another action concerning the
State and federal receiverships of munic- same property 21:279, 293
ipal corporations in absence of statute Validity of tax deed of property
50:949 ceiver's hands given on account o
Statutory receiverships of municipal cor- due before the receivership 21:441
porations 50:950-956 What necessary to vest title in receiver so
as to cut off state priority 19:292
Appointment and qualifications
Ancillary appointment in Managementfederal courts
and disposition of property
25:282, 295 Adoption and rejection of contracts and
Ancillary receiverships in bankruptcy leases by receivers 46:1111-1137
i8:519-526 Compensation of receiver out of receiver-
Appointment: constitutionality when pro-
ship funds when receiver erroneously ap-
ceedings ex parte 5 :849 pointed 37:502
Appointment of receiver: for de Duty facto cor-of receiver of
poration 22:369, 379 count 41:53I
-for foreign corporation 45:1406-1407 for
Liability rec
-for national banks 44:68-623 eral 21:529, 545
-whether court should appoint nominee
-of lessor railroad for
of company Io:139-149 of lessee 26:165, I84
Federal equity receiverships 45:1394-1395
-when the funds prove insu
Federal practice respecting foreign receiver- 2 1:529, 545
ships 43:805-809 -when receiver illegally appointed
Judicial interference with receiver ap-
2I:529, 545

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RECEIVERS 565
References in heavy-faced type are to LEADING AR
CASES. The figure in front of the colon refers in each

-when receivershipLiability
is for vacated on
tort of corporation appeal
committed
21:529, 545 before appointment 23:488
Liability for unauthorized loan by receiverLiability of foreign receiver of insol
39:657 corporation for franchise tax 24:327
Power of court to bar claimants not filingMerger of claim against corporation in
before specified day 36:1o30 judgment obtained after the appointment
Power of receiver to borrow money of receivers 2I:214
39:657 Pledge of corporation's ow
Power of state bank liquidators to borrow 47:1103-112
from Reconstruction Finance Corpora- -bonds secured by mortg
tion 46:497-503 47:1104-111
Receiver as subject to - debentures
forfeiture 47:1103-1104provision
in favor of landlord - powerdespite
of sale in erection
debentures of
building by insolvent lessee47:1113-1115 49:I009
Receiver cannot get reimbursement
-power of sale in mortgagefrom bond
original parties where funds insufficient 47:1115-1126
to meet receiver's expenses 24:504 Priority of state deposits in bank i
Receiver denied expenses incurred in un- cies 47:841-846
successfully contesting validity of mort- -receivership as defe
gage 42:586 47:843-844
Receivers' certificates: limitatio
Priority of the United States: competing
to issue 7:375; I6:53 state and federal non-lien tax claims
-power to issue and create prior liens 43:252-257
42:913 - federal non-lien claims competing with
-priority of 25:458, 478 lien claims 43:264-273
- priority over existing mortgages -federal 7:375;non-lien claims comp
12:436; I6:53 state non-lien tax claims 43:257-258
-right to issue in private corporations - federal non-lien claims other than for
22:373, 386 taxes competing with other such claims
Right of exoneration: whether subject to 43:260-261
set-off on equitable execution by credi- --federal non-lien tax claims competing
tors 24:409 with non-lien claims other than for taxes
Set-off: in cases of immature 43:258-260 cl
solvency and receivership
-lien claims 43:273-276 3
-receiver's compensation
-non-lien interest 43:263-264 as s
-non-lien penalties 43:261-263
19:386
Strike against --suggested
receiver of
statutory railro
changes
enjoined 8:227 43:276-278
Priority over liens of claims for person
Allowance and payment of claims
injuries sustained during receivership
Appointment of receiver as preventing
48:1441 per-
formance of executory Proof by acontracts
surety for part of 42:576
a debt
Claims for rejection of contracts41:384-387 and lease
by receiver 46:1112-1122 Proof by a trustee for bondholders 46:3I2
Conclusiveness of judgments obtained in
Receiver's liability to pay claims under
suits pending in other courts at time of
workmen's compensation acts arising be-
appointment of receiver 4I:Io70 fore appointment 29:104
Creditor's rights upon insolvency of a par-Receivership as tolling Statute of Lim
ent corporation or its instrumentality tions 42:586
46:823-828 Rent claims in recei
Damages for breach of lease 48:47 reorganizations 50: 290-1295
Differences in the priority of the United
Right of shipper paying excess charges dur-
States in bankruptcy and in equity re-ing rate litigation to preference--six
ceiverships 43:251-278 months' rule 49:1371
Distribution of proceeds of reinsurance
Tort claims arising prior to recei
policy upon insolvency of reinsured
operating expenses 47:359
50:98-99 Workmen's compensation award as pr
Effect of receivership of corporation
ferredonclaim 47:7i8
executory contracts 26:72, 92
Actions
Effect of receivership on relation of agents
to company 27:96 Effect of barring order 39:1076
Executory contracts as provable claims
Judgments against receiver: method of en-
26:72, 92 tering judgment I4:608
Executory contracts of corporation: dis- Liability of receiver to suit without p
affirmance by receiver Io:121; II:I27 sion of court 17:285

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566 RECEIVERS --RECORDING AND REGISTRY LAWS
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Nature of action against receiver 39:1077 - and wage-earners in insolven


Power to sue in a foreign jurisdiction ings 39:27-28
26:9I
Receiver's capacity to sue stockholders for RECEIVING STOLEN GOODS
unpaid stock subscription, obtained by Wife receiving goods stolen by husban
fraud, but on which certain creditors I4:544
relied 22:58
Receiver's power RECONSTRUCTION
to FINANCE COR-
collect un
scriptions 38:112 PORATION
Suit against stockholder Power of state
for stockbanksubscrip-
liquidators to bor
tion fraudulently obtained 37:767 from 46:497-503
Suits by and against foreign receivers Right to enforce bank
50: I88-1g90 tory liability 49:832
Specific performance
Contracts entered into by receivers them-RECORDING AND REGISTRY LAWS
selves 33:82-84 Nature and scope
Equitable receivers 33:67-79 What constitutes recording
- contracts concerning land 33:6876 Effect: in general
--contracts not concerning land Notice by record
33:76-79 Torrens Land Registration System
Liquidators or receivers to dissolve cor- See also Bankruptcy, Chattel Mort
porations 33:81-82 Conflict of Laws, Constructive Tr
Receivers after judgmentConstitutional to carry the Law, Deeds, Liens, M
judg-
ment into effect 33:65-66 gages, Quieting Title, Reformatio
Receivers after judgment under creditors' Instruments, Sales, Trusts.
bills and by way of equitable execution
33:66-67Nature and scope
Receivers in bankruptcy 33:79-81 After-acquired property: futility as
guard against effect of transfer
Priorities 9:557-585
Appointment of receiver sufficient divest- Application to takers of equitable interests
ment of property to allow governmental 46:I60
priority 39:15-16 Chattel mortgage and conditional sale re-
Claims of United States cording arising under
acts in the conflict of laws
Transportation Act 43:146 41:779-782
Consent to receivership as equivalent Effect of
tofailure to record consent decree of
assignment for benefit of creditors divorce
giving disposing of property 39:783
governmental priority 39:10-11 Effect of registry system on doctrine of
Governmental priority in equity receiver- estoppel by deed I7:482
ships 39:1-34 Effect of registry system on wife'
Means of determination upset unrecorded of insolven
ante-nuptial
allow governmental ance priority
I9:459 39:13
Necessity of act of Effect bankruptcy of to U a
governmental priority 39:8, 13 Act 46:406
Necessity of both insolvency and assign- Effect upon t
ment for creditors to allow governmentalmortgaged animals 21:443
priority 39:17 'English land legislation of 1925 40
Necessity of finding insolvency 278, 287 to a
governmental priority Interests protected
in without registry: con- receive
equity
ships 39:7-11 structive trusts 12:64
Priority of government Particular statutes as a preroga construed
sovereignty 39:2-3,18-22 of recording laws in German
Priority of United States where insolvency
riage, commercial matters, m
patents,
occurs after appointment of receiver by trademarks and inst
consent 46:1342 2 :492-495
Relative priority between --Massachusetts United
statute as to leases States
and mortgagees in insolvency proceed- 8:508-
ings 39:26-27 Possession under unrecorded deed not ad-
- and receiver's
creditors
verse to grantor in equity21:363 re
erships 39:34 Present system of land regist
-and "six months" creditors
torical outline 4:271-273; in equi
receiverships 39:30-34 ii: 301-302
- uncertainties
- and states in receivership proceedings and defects 6:303-311;
39:24-25 7:24-26; 12:26-34

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RECORDING AND REGISTRY LAWS 567
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain
CASES. The figure in front of the colon refers in each instance to the volume.

Registration of real rights in Germany Notice by record


21:485-488 Actual notice: requirement by statute
Statutory requirement of record of mort- 8:508
gagor's acts tolling Statute of Limitations Constructive notice to one claiming no
in order to bind junior interests interest in the property I8:54
49:643-644 Constructive notice to one not a subseque
What constitutes recording purchaser 37: 60
Depositing deed at registry 9:548 Deed by vendor: recita
Mortgage on machinery filed as real mort- mortgage 1:480
gage Deed recorded by st
12:144
Mortgage recorded by
II:480; 12:64
book 9:548 Defectively acknowledged deed: whether
Wrong initial notice of of mortgagor's
facts recited I5:77
fatal to notice 24:505 Delivery to recording clerk as construc
notice 25:195
Effect: in general Distinguished from
Admissibility of declarations against inter- I:480, 554
est to contradict record title I8:65 Earlier deed of grantor: deed prior to
Adverse possession under unrecorded deed acquisition of record title 11:344
26:762 -mortgage prior to acquisition of title
Conclusive presumption of delivery: under 29:457
statute 6:201 -recorded before deed to sub-grantee
Effect of fraudulent cancellation
11:417
by subsequent mortgagee 33:734 Effect of recording security interest in
Effect of prior unrecorded chattel mortgage chattel upon purchaser from dealer
on landlord's lien 49: I44 45:1426-I428
Effect of recording prior mortgage after
Estoppel to assert record against purchaser
creation of later unrecorded mortgage from a dealer 45:1426-1428
37:1141 Limitations of the doctrine of construct
Failure to file conditional sale contract notice by possession I8:218
within stated time after bringing chattel Mortgage of future crops 49:649
into state as invalidating reservation of Notice to mortgagee of junior interests as
property despite actual notice 47:713 preventing tolling of Statute of Limita-
Failure to record assignment does not make tions by mortgagor 49:642
it void 20:637, 647 Recording of mortgage as notice to vendo
Latent equities: whether in necessarily cut
possession of mortgagee's right t
off by purchase for value I2:143 balance of purchase price 47:1191
Mortgage made expressly subject to an un-
Recording of second mortgage as notice to
recorded mortgage 20:331 first mortgagee in regard to future ad-
Mortgagee's right against bona fide pur- vances 23:68
chaser of goods in another state 25:83Revocation of ag
Necessity of refiling after bankruptcy of upon third party I9:373
notice
chattel mortgagor 42:125 Rights of lien-holder acquiring his interest
Power of court to set aside registry of title
while record of former mortgage is op-
procured by fraud 36:622 erative, but realizing upon it after former
Previous transfer recorded within four has lapsed 38:681
record
months of bankruptcy 20:645;
29:766, 776 Torrens Land Registration System
Priority of recorded mortgage over statu- Analogy to copyhold tenure 6:374
tory lien 7:24I Arguments for adoption 4:278-279;
Priority of mortgage recorded 6:311-314;after lapse 7:26-31
of reasonable time but before
Circumstances recording
where serviceable 32:297
of subsequent mortgage 22:301
Constitutionality under state and federal
Recording as evidence of delivery
constitutions 4:280-282; 6:201;
6:411;
8:289; 11:I29, 554; I2:I43;10:299;
I4:456;
13:593; 14:529
I5:750 Effect of unregistered but recorded com-
Tenant's possession consistent with re-mon law dedication upon title of execu-
corded lease as notice of unrecorded tion purchaser of registered land 42:837
rights 47:359 Impeachment of Torrens titles
Title not affected by cancellation of in-
42:945-948
dorsement I8:Izo Modes of change from present system to
Validity of improperly recorded
Torrens System mortgage
6:374-377
on stock of merchandise as against
objections as-
to 6:410-416
signee for creditors 47:346 -outline of 4:274-277; 6:369-371

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568 RECORDING AND REGISTRY LAWS --REPLEVIN

References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and


CASES. The figure in front of the colon refers in each instance to the volume.

-practical working of 4:278-279; interest in cause of action after assi


6:371-374; ii:301-314 ment pendente lite 37:620
Rights of purchaser of an overlapping cer- General release from liability lim
tificate 29:772, 790 equity to known damages Io:312
General words limited by particular recitals
REFERENDUM I9:66
Release from conditional buyer as defense
See Constitutional Law, Initiative and
Referendum. to tortfeasor when sued by conditional
seller 39:658
REFORMATION OF INSTRUMENTS Release obtained b
See also Equity. claim without tender 35:476
Release of
Admission of parol evidence as short-cut to one joint tortfeasor with re
vation
equitable reformation of insurance con-of rights against others i6:52
tracts 47:0Ioro-r13
RELIGION
As theory upon which to hold disclosed
principal upon written See Associations,
contractBible, made Constitutional
by
agent 19:456 Infants, Parent and Child, Schools
Basis of right 23:618-621 School Districts, Trusts, Witnesses.
Developments - I887-1936 50:176-177 Devise restraining freedom of religio
Reformation after foreclosure sale against public policy 36:765
25:478
RELIGIOUS SOCIETIES
Reformation of contract for mistake of law
32:283, 294 See Associations, Charities, Religion,
tion.
Reformation of corporate character for
mistake of incorporators 28:519 REMAINDERS
Reformation of deed for mistake of fact
8:6I; I9:290 See Adverse Possession, Estates, Futur
Reformation of insurance policy for mis- terests, Legacies and Devises, Power
take of fact 33:319 Rule against Perpetuities, Rule in S
Reformation of memorandum of oral con- ley's Case, Taxation, Trusts, Vendor
tract within the Statute of Frauds Purchaser, Wills.
44:866 REMOTENESS
Reformation of voluntary deed after death
of grantor 43:968 See Charities, Proximate Cause, Rule
against Perpetuities.
Right of assignee of reversion to reforma-
tion of lease 38:987 REMOVAL OF CAUSES
When allowed for a mistake of law
24:394, 409
See Appeal and Error, Constitutional
RELEASE Courts, Federal Courts.
See also Accord and Satisfaction, Agency,
RENDITION
Contracts, Dower, Joint Tortfeasors,
See Extradition.
Suretyship, Vendor and Purchaser.
RENT
Requisites and validity See Landlord and Tenant.
Effect at law of release under seal made by
mistake 8:1 6 RENT CHARGES
Laches bars rescission of release for fraud
Effect of disentailing assurance on re
39:270charges in tail 29:555
Release by next of kin of right to damages
Tenant for years: liability in a
void as against policy I5:747 for non-payment 10:385
Validity at law of release under seal pro-
cured by fraud 14:542; 23:571 REPLEVIN
Waiver in the law of release 3I:499 See also History of Law (Common la
tions), Judgments.
Construction and operation Jurisdiction of federal court in which
Debts due releaser under alias 19:66 tion in bankruptcy is filed over g
taken under writ of replevin of state
Effect of release by mortgagor of grantee
assuming mortgage 47:1065 court within four months of bankruptcy
Effect of release by promisee in case of 22:57
promise for benefit of third party Liability of defendant on statutory re-de-
i5:799; 16:523 livery bond when property is accidentally
Effect of release of one joint debtor destroyed before verdict 22:63
I5:491; I9:I3I Recovery upon replevin bond for depreci-
ation 37:632
Effect of release to assignor of assignee's

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REPLEVIN - RESCISSION 569
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Replevin of goods from acting adminis- -rescission by one who has partly per-
trator 20:417 formed 14:318-321
Replevin of goods in custody
-rescission by one who of la
ha
12:510 performance 14:326-328
Right of licensee to cut timber to main- Under ? 65 of Uniform Sales Act
tain replevin 10:385 36:731-733
Right of replevin in the early law for
property taken by a thief or trespasser Rescission by mutual agreement
29:378-394 Assent of director to dissolution of corpo-
Sufficiency of agent's possession to main- ration as affecting his rights on contract
tain replevin 14:304 of employment 44:646
Contract to discharge obligatio
REPORTS
isee: rescission by promisee
See also History of Law (Reports). Executory accord: whether im
Bibliography of year-books I4:557-587 sion of original contract 9:285
Citation of American cases in England Rescission by contracting parties: effect on
4:38; I0:179 sole beneficiary's right 28:321
Comparative citation of reports by Ameri- Second promise of same performance:
can courts 8:50o whether implied rescission of prior con-
English chancery and common
tract law
7:308; 8:27, 31-32; report
9:220
to 1865 i5:1-25, 109-117
New method of citation in England Rescission upon other party's breach, re-
4:338 pudiation or inability to perform
New report of Chandelor v. Basis Lopus of 8:282
right: whether acceptance of im-
Reform in law reporting in United plied offer 14:323-325
States
9:347; 10:300; 12:58 Breach of covenants of title: gr
Year-book reports and records 7:266-268, solvency as basis for rescissio
276-280 Breach without repudiation: how far
RESCISSION ground for rescission 9: 148;
In general I4:323-325; i8:6I; 20:423
Rescission by mutual agreement Cancellation of contract: when rescinding
Rescission upon other party's breach, party
re- is entitled 14:322
pudiation or inability to perform Collateral contract repudiated: w
Rescission upon failure of consideration main contract may be rescinde
Rescission for breach of warranty Discontinuing performance disti
Rescission for fraud from rescission I4:425
Rescission for mistake Divisible contracts: material breach as
See also Contracts, Deeds, Sales, Vendor ground for rescission 9: 48
and Purchaser, Warranty. Equitable relief: basis and extent 15:
In general Forfeiture of deposit 25:479
Civil liability provisions of federal securi-
Insolvency of other party: when gro
for rescission 16:224
ties regulation 48:107-121
Developments - I887-1936 50:176-177 Instalment contracts 31:314
Insurance policy repudiated by insurer:
Inadequacy of action for, in compelling dis-
scission by insured 10:313; i6:6oo
closure of corporate affairs 47:335-336
Land contracted for taken in part under
Loss of lien on land for purchase money
eminent domain 15:733
by bringing suit for rescission 22:64 Recovery for services rendered to
Nature and basis of the right: in general
pudiating contract 14:320-321
15:397
Recovery of land conveyed to party re-
Part performance accepted: whether pre-
pudiating contract 14:319; 15:581
venting rescission 9:484; 13:410 Repudiation after part performance: dam-
Recovery of damages in action to rescind
ages recoverable 29:551
for fraud 43:328 Repudiation without breach: how far
Remedy and its limitations 46:34-35
Restoration of benefits received: as condi- ground for rescission I4:322-323
Uniform Sales Act: ? 65 36:731-733
tion of rescission I0:313; I4:326-328; Whether seller bound to give notice before
15:581; 16:6oo
suit for damages 36:731-733, 760
Restoration of consideration by rescinding
party: when excused 9:484; 12:65; Rescission upon failure of consideration
I3:40o; 28:315, 333 Compulsion as ground for rescission on the
Right of vendee not in possession of per- ground of lack of consideration
sonalty to lien after rescission 50:138 22:52, 63
Time of rescission: rescission before any Failure of title to land purchased I5:861
performance by rescinding party Land contracted for taken in part under
14:321-322 eminent domain 15:733

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570 RESCISSION RES JUDICATA
References in heavy-faced type are to LEADING ARTICLES; in italics t
CASES. The figure in front of the colon refers in each instance to the volum

scission chattel
Remedy for default of promisor whosimilar
ob- to one sold
tained deed in return for promise to sup- 42:438
port 36:488 Statutory liability of defrauded vendee of
stock rescinding after bank's failure
Rescission for breach of 48:329war
Acceptance of Stock goods as corporation
subscription in de facto bar t
in general 15:148; i6:465-475 procured by fraud 20:413
- non-discoverable defects I5:148 Stock subscription procured by fr
Bill of lading assigned by seller: whether
promoter 16:380
buyer may still rescind I6:292 Stock subscriptions obt
Deductions for benefits received by pur-fect of dissolution of co
chaser on rescission for breach of war-
to rescind stock subscri
ranty 33:602, 615 obtained 42:129
--effect
Executed sales: arguments of insolven
for allowing re-
scission i6:472-475 right to rescind for
-statement of English and
fraudulently American
obtained 24:147, 152 l
15:148; i6:465-466
-effect of insolvency of corporation on
- theoretical objections to
stockholder's allowing
right to rescind 37:767resc
sion i6:469-472
General discussion of Williston-Burdick Rescission for mistake
controversy 17:363, 500 Bid on contract: mistake in amount
Statutory restriction on power to rescind 18:624
for breach of warranty 24:571, 580 Mortgage surrendered under mistake of law
reinstated I7:138
Rescission for fraud
Mutual mistake in contracts 49:61-63
Buyer's lack of reasonable expectation Mutual
of mistake of fact: as a ground for
ability to pay 46:1344 rescission of a contract 35:757, 765
Concealment of known material facts
--general discussion of rescission and
9:484; 17:138 reformation for I9:290; 23:608-626
Damage as a requisite 48:480-485 Personal prejudice and the doctrine of the
Deed intended to sever an easement
undisclosed principal 44:1271-1275
20:I36, I49 Policy assigned in ignorance of prior death
Failure to disclose when dealing with an il- of insured 16:451
literate person as ground for rescission Property worth less than
37:155 is ground for rescissio
Fraud of vendor: effect of purchaser's state- Civil Code 31:1096
ments as to expert knowledge 29:560 Right of donor to return
Fraud without damage to plaintiff as upon breach by dono
ground for rescission x6:509 marry 40: I35
Innocent misrepresentations as ground for
Unilateral mist
rescission 14: 59 rescinding gift 45:750
Insurance policy induced by fraud: rescis-
sion and recovery RESof premiums 22:134,
GESTAE
145, 230
See Evidence.
Judgment against one ignorant of fraud:
effect on right to rescind 7:31
Misrepresentation 24:427 RES IPSA LOQUITUR
See Bwrden of Proof.
-as to foreign law of incorporation
25:94
- representations made through a mer-RES JUDICATA
cantile agency to one not a subscriber What judgments are conclusive
24:327
Matters concluded
Negligent failure to detect fraud: effect Persons concluded
8:63; 16:303 Federal and state courts
Non-disclosure of facts making perform- See also Conflict of Laws, Constitutional
ance an impossibility 20:413 Law, Judgments, Lis Pendens, Stare
Patent to public land obtained by Decisis.
fraud
17:204
What judgments are conclusive
Personal prejudice and the doctrine of the
undisclosed principal 44: 271-1275 Acquittal of false swearing as precluding
Release to one joint tortfeasor induced by subsequent prosecution for giving same
fraud of the other 50:836 testimony at second trial 46:723
Adjudication
Rescission of check certification inducedby bycounty treasurer that state
mistake 43: 63-636 had no jurisdiction to tax 50:99I
Right of defrauded vendor Adjudication
toofobtain
citizenship by
48:1429
re-

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RES JUDICATA 571
References in heavy-faced type are to LEADING AR
CASES. The figure in front of the colon refers in each i

Award of justices of the peace 32:439 - decisions of Board of Tax Appeals


Award of state workmen's compensation 46:694-696
board 37:778 Single decision on both merits and matter
Bill in equity dismissed in abatement for48:856 non-jo
parties 36:620 Termination of tax liabilit
Binding effect of yearan overruled
50: 34 jud
37:421
Conviction for conspiracy offered in subse- Matters concluded
quent equity suit 44:997 Acquittal in criminal prosecution as bar to
Dismissal of action with prejudice forfeiture of smuggled goods 23:572
36:1025 Acquittal on indictment for nuisance bar to
Effect of conviction for false return of in- bill to enjoin 14:467
come in subsequent civil action for Affirmative equitable defens
penalty 47:1438 action at law 42:964
Effect of judgment by dismissal i8:6o Bankruptcy proceeding: stat
Equitable decree as record evidence of the 37:496
equities in subsequent litigation in an- Claim involved in former suit but not men-
other state 35:6I2 tioned in judgment 9:285; 10:526
Federal decree based on subsequently
Conviction in a criminal action re-as res judi-
versed state decision I7:406 cata in a subsequent civil suit
Foreign judgment founded upon judgment 41:241-244; 46:1165-1I66
rendered without jurisdiction 47:525 -where state is a party to the civil suit
Former judgment presumed to be on merits 41:242
10:526 -where state is not a party to the civil
Habeas corpus: application of doctrine to
suit 41:241
that proceeding I5:76; I6:602; 37:774
Counterclaim w
-for custody of infant: former decision
up in former action 39:658
not conclusive I6:602 Covenant against incumbrances: former
Judgment against different administrator
covery or
not a bar to a subsequent one
executor of same decedent 48:929-933 26:176
Judgment based on decree later reversed
Decree granting wife judicial separation
and vacated 46:160 bar to suit for divorce by husband
Judgment by default after striking 44:996 out
answer 36:I027 Effect of failure of applicant for patent
Judgment granting administration:
advance fin
claims at prior interference
of same II:264 50:I39
Judgment in actionEffect under
of workmen'sFederal Boi
compensation agree-
Inspection Act as bar to action
ment approved for
by commissioner som
in ab-
injury under Employers' Liability
sense of express finding Act
of jurisdictional
39:398fact 48:689
Judgment in ejectment 48:856 Equitable defense not raised in action at
Judgment on pleading a bar to secondlaw 37:629
prosecution 3o:400 Finality of cons
Judgment pending appeal res judicata
trust in
suit 46:888-891
suit between same parties 7:239 Former judgment bar to def
Mandamus: suits by different citizens seek- raised 17:499
ing to vindicate the same public right Former judgment
40:789 fense 25:669
Power of court to go into grounds of for- Fraud inducing con
mer judgment 9:285 Grant of administr
Prior judgment on identical issue
mon law as con-
marriage 33:85o, 865
clusive upon same defendant in deriva-
Grounds of liability not urged in former
tive action brought by third party
action under different federal statute
46:858 39:398
Res judicata and the searchIndividual
for issuesagreement- abetween creditors as
critique of "trial by combat" to priority as affected by bankruptcy
47:925-926proceedings against debtor 40:506
Res judicata as applied to validity
Issue raised of for- of co-defendants
by answers
eign judgments 41:1055-1059 20:654
-fraud on court 41:1055-1056 Issues material to the judgment 24:159
-in personam 41:1055-1059 Judgment as evidence in later proceedings
- in rem 4:0ro58-o059 33:85o, 865
-lack of jurisdiction 41:1056-1057
Judgment granting probate: finality as to
Res judicata in tax cases 48:1037-1038
testator's domicil I5:746
Res judicata in tax litigation 46:692-696
Judgment in action to avoid conveyance

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572 RES JUDICATA -RESTRAINT OF TRADE
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain type to
CASES. The figure in front of the colon refers in each instance to the volume.

Persons assisting in the defense 29:556


bar to action to impress trust on property
44: 1145 Recovery by partner for injury already re-
Judgments bar to action for damage pre- covered for by partnership I6:144
viously sustained 38:691 Trustee not bound by judgment against
Jurisdiction of federal court where him as inindividual
sec- 16:588
ond suit, claim of colorable diversity of
citizenship is presented 32:436 Federal and state courts
Jurisdictional facts 3 7778 Judgment of one state given too great effect
Law of the case 42:939 in another state: whether federal ques-
-litigated 50: 1146-I 47 tion involved under "full faith and
Matters of law: applied to matters creditof " clause
law 25:144 446
i8:389 State court gives effect to one of it
Proceedings in rem: as to those not partiesjudgments rendered without having
37:496 jurisdiction: denial of due process
Right to alimony in ex parte divorce pro- 25:446-449
ceeding 50:526 State court gives too great or too little effect
Right to limit liability to one of its not
own judgments validly ren-
asserted in
court 46:I022 dered: no question for federal court
Separate convictions for 25:449-453 pla
poker hands at one sitting 37:912 RESPONDEAT SUPERIOR
Tax injunction suits in federal courts-- See Agency.
application in determining jurisdictional
amount 48:96-o00 RESTATEMENTS OF LAW
Title to realty In determined
not general by decre
probate court 32:79 The historic function of the American Law
Institute: restatement
Ultra vires contract: whether res judicataas transitional to
I2:567 codification 47:1367-1394
Purposecreditors
Validity of assignment for of restatements 48:1444-1447
I7:28I
Persons concluded Conflict of laws
Assignee of judgment: whether privyThe
to restatement as a closed system 47:208
Transience of restatements 50:451
garnishment proceedings on the judgment
19:305
Award in favor of sole beneficiary underRESTRAINT OF TRADE
state statute as bar to suit by personal In general
representative on inconsistent theory un- Monopoly
der federal statute 37:778 " Trusts " and combinations in general
Contracts not to engage in certain busi-
Binding effect of an overruled decision
37:421 ness

Cestui not appearing in former action for Agreements as to products or prices


breach of trust not barred I6:602 Securities companies
Co-defendants: decree in favor of one co- State anti-trust legislation
defendant as conclusive in later suit by Criminal liability at common law
other co-defendant I9:305 Sherman Act: in general
- effect of decree in favor of one Sherman co-surety Act: competitor's agreeme
in later suit for contribution byClayton anotherAct
co-surety 27:492 National Industrial Recovery Act
Creditors, having received Shipping Act:preference,
in general n
Robinson-Patman in
concluded by adjudication Act bankruptcy,
where they do not appear 32:854 See also Constitutional Law, Federal Trade
Creditors not parties to bankruptcy pro- Commission, Good Will, Illegal Con-
ceeding are not concluded as to facts or tracts, Labor Law, Legislation, Torts,
subsidiary questions of law 37:496 Unfair Competition.
Former plaintiff suing as assignee of
stranger 10:312 In general
Judgment against Developments - 887-1936 50:187-188whet
corporation:
conclusive against Enforcement by penal sanctions as com-
stockholders 14:3
I5:857 pared with injunction 50:623-625
Judgment of interpleader Labor and the anti-trust
by lawsgarnish
50:194-196
bar to action by judgment creditor Overruling decisions of Supreme Court
against garnishee 30:86 46:625-626
Patent cases 4o: 505 Monopoly
Patentee not barred in suit against pur- As a continuing offense 26:762
chaser of infringing article by decree in As defense to suit for infringing a paten
favor of infringing seller 25:650, 668 45:III8

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RESTRAINT OF TRADE 573
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Validity of covenant not to sell


As determining illegality of contracts under
Clayton Act 36:88 certain land when the covenant is taken
Change of trust policy to increate
United States
a monopoly 21:450
35:815-837, Whether 926-949 illegal only in connection
Clayton Act and trade in patented and necessaries of life 4:36
copyright articles 28:401-406
Combination an essential element of illegal
"Trusts " and combinations in
monopoly 35:823-827 Change in trust policy in the
Contract by hotel to employ one telephone 35:815-837, 926-
company exclusively 21:62 Combination as an essential element in
Contract to sell at a fixed priceillegal 24:244, monopoly 35:823-827
680 Combination in restraint of trade illegal
Cornering of market 26:461 gardless of actual effects on public
Development in English law 45:1166-1171 35:827-828
Effect of the federal anti-trust laws on Combinations of labor: as restraint of
commerce in patented and copyright trade 38:777-780
articles 28:394-406 -how far illegal 30:854-872
Effect on combinations attempting
- to require to w
unionshop contracts:
monopolize 22:495-498 illegal 18:471; 19:368
How far a basis of illegality 7:159-161; of laborers d
Combinations
13:272-273; 20:167-191, 352-355;
from those of traders I7:65
25:53; 30:830-834 Co6perative marketing associations not
Importance of fact of whether or not
sociations re-
in restraint of trade 38:87
striction is broader than the business sold Dedication: applicability of law of dedi
31:197-205 tion to " trust " problem I6:329-341
Legality of price-fixing agreements Early English law as to large business en-
45:1164-1195 terprises 7:159-161
Maintaining by taxing members of com- Economic effect of trust
bination 20:355-356 public 35:938-948
Maintaining by threat of forfeiture
Effect of a "trust" of on
membership in combination 20:355-356
whole 35:945-948
Meaning of term as used in section
English law: present att two of
the Sherman Act 31:263-270 Field of trade regulation 36:1045-1046
Meaning of term at common law Formation and growth of trusts
7:339-342, 348-352; 31:246-270 35:927-934
Meaning of term in the ShermanGoodActand bad trusts 30:830-872;
7:352-355; 20:182-191; 23:209, 231 35:926-949
Necessity of monopolies in trade How
andfarcapital
combination lawful 30:834-838
20:352-355 Illegality at common law 20:181-182
Patentees and holders of copyright agree- International Harvester Company
ments to maintain prices 19:125; 20:422 35:930-933, 940-943
Patentee's monopoly: how far in conflict Law of public calling as solution of trust
25:454, 479 problem I7:156-173, 217-247
Patents and copyrights: law affecting Minority holdings of shares of railroads by
31:439-443 competing companies as illegal at com-
Price restriction on the resale of chattels mon law 22:121-128
25:59-69; 26:640, 659 Nature and legal status of so-called
Public service companies: application to "trusts" i: 132-143; 7:157-169;
public service companies of state law i6:79-93, 583
forbidding monopoly 21:633 Power of Congress over combinations af-
right of competing companies to divide fecting interstate commerce 17:83-103
territory 26:761 Public policy as applied to " trusts " and
Regulation of monopoly by decree
combinations 7:162-169;instead
13:272-278;
of dissolution 25:717, 743 i6:89-93
Restrictions on monopolies 17:231-241
Public policy in permitting combination
Right to impose conditions in sales of rail- 30:838-843
road tickets distinguished from restric-
Recovery of treble damages against a labor
tions in sale of goods made by secret union for violation of law
process 25:64-65 30:263, 29I
Sherman anti-trust Relations law of and patents,
trusts to copy-
other establishments
rights, and secret in
processes
the same industry28:394-401
35:934-938
Territorial restriction on
Sale of the
stock of oneresale
corporationof chat-
to another
tels 36:107 to create monopoly 20:495
Tests of Size of
validity as element of illegality
contract 20:181
tend
monopoly 30:752, 770 30:843-853

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574 RESTRAINT OF TRADE
References in heavy-faced type are to LEADING ARTICLES; in itali
CASES. The figure in front of the colon refers in each instance to the

State control of public utilities-accompanying sale of business to an


24:624-634 existing competitor where the restric-
Strike by railroad employees: whether
tion would be valid if the sale were not
within the act 16:518 to a competitor 31:205-206
Trade association 36:637, 638 Specific performance of employee's contra
Trade competition as a justification
not to compete after a term of employ
35:957 ment 41:782-786
Treble damages under act of labor union Validity as independe
for boycotting 21:450 15:499
United States Steel Corporation Validity of contract between agent and
35:927-930, 942-948 principal 30:75I, 770
Use of trust to suppress competition What contracts are illegal 20:169-170
50:74-75
Agreements as to products or prices
Contracts not to engage in certain business Agreement fixing arbitrary prices: whether
Comparison with a sale 20:170-176 forbidden 7:354
Contract not to use film name when acting
Beef dealers combini
for rival producers 33:320 "Beef Trust" case 16:522; 18:469
Control of market an essence of illegality
Bids for public work: agreement to stifle
20:175-176 competition 15:409
Covenant by municipality not to compete Brewers combining to contr
with public service corporation 38:260 8:176, 231
Covenants not to carry on a business given Coal dealers' agreement reg
by one in the business to another in the 7:52, 308
business or intending to enter it Combination of owners of
31:207-209 rights to fix resale price 27:493
Covenants not to compete: developments in Compulsory sales and public policy
the law -- 932 46:rr88-1194 29:446
Developments - I933 47:1187-1189 Compulsory sales under Clayton Act
Divisibility of restricted area 20:154 29:77, 341
Effect of a restrictive agreement made by Contract to raise price necessarily illegal
one corporation upon a new corporation 20:176-180
composed of the same stockholders Contracts of exclusive agency with gasoline
2I:445 filling stations 47: 185-1187
Enforceability of agreement otherwise valid
Copyright-holders and patentees: comb
by buyer seeking monopoly I9:543 tion by 19:125
Extent of recovery on contract for saleDevelopment
of in Eng
business containing excessive restrictiveEquitable servitude
covenant 45:750 straint of trade 41:987-998
History of common law
-other doctrine
restrictions 41:995-998
35:816-818
-price restrictions 4I:987-995
Limitations as to space and
How far time
a basis as tests
of illegality of
30:853-854
validity 4:128-137;
How 7:236; 8:355;
far criminal 23:531-548359;
12:139; 13:59; I5:499, 58o Illegality under Clayton Act 36:88
Mere contract to refrain from doing busi-Injunction against acting under unenforce-
ness or from entering or carrying on an able agreement in restraint of trade
occupation 3I:193-194 23:69
Partial enforcement of employee's Interpretation of ? 2 indi-
of Clayton Act
visible contract imposing excessive re- 42:680-685
straint 45:751 Legality of price-fixing agreements
Partial enforcement of indivisible covenant
45:1164-1195
imposing excessive restraint
Liquor dealers 40:326
combining to control prices
Restraining agreement not ancillary 24:409 to an
other contract 47:140 Patentees: contract by vendee of patented
Restriction against competition in to
article an em-
buy only of the vendor articles
ployment contract 27:680; 34:555
to be used with the patented article
Restrictive covenants: accompanying com- 21:62
bination of several business units Patents: the patent monopoly and patent
31:207 pools 45:150-156
- accompanying entry into apprenticeship Pittsburgh plus 45:395-398, 548-556
31:195-198 Price fixing and the American courts
-accompanying sale of business 45:1171-1181
31:197-205 Price restriction on the resale of chattels
- accompanying sale of business to a com- 33:966, 986
petitor 3:205-206 Proposed change in the law 45:1190-1195

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RESTRAINT OF TRADE 575
References in heavy-faced type are to LEADING ARTICLES; in ita
CASES. The figure in front of tne colon refers in each instance to the

Proposed legislation validating Sherman Act: in general


resale price
maintenance agreements 46:1194-1196 In general 31:412-446
Resale of chattels at fixed prices 40:139 Action by stockholder to enjoi
Resale prices fixed by manufacturer under ration from engaging in a c
Federal Trade Commission Act 35:772 illegal under the Sherman A
Restraint of local sales not regulation of Agreement affecting local sale
interstate commerce 17:203 Act 17:203
Review of Supreme Court cases Agreement be
45:1175-1181 manufacturer
Some criticisms of the present rule 40:65
45:1181-1190 Applicability
State legislation legalizing resale price
try 49:320-321
Applicable only
agreements and binding strangers thereto t
49:811-82i control of Congress 12:278; I6:180;
Stenographers combining: whether within 22:216, 232
the rule 6:47 Application of causa sine qua non doctrine
"Tying clauses" 36:88 in actions for violation of Sherman Act
" Tying contracts " under the Clayton Act 43:1163
28:402-403 Application to rate-making combination
Validity of contract between members ofamong interstate carriers 36:456, 485
an employers' association not to payBaseball contracts not within the Act
more than a fixed wage 7:500; 39:131 34:559
Board of Trade rule limiting hours of trade
Securities companies not a restraint of trade 31:1154, 1169
Merger case and restraint of trade Combination of organizations of labor and
17:41-44, 88-90, 151-155, 474-478, capital 37:633
533-542 Combinations 31:417-425
Merger of competing railroads: " NorthernCombinations not void at common law:
Securities" case I6:539-554, 583 whether within the Act I6:179-180, 522
Nature and legality: in general i :134-135,Consent decrees in enforcement of federal
140-141 anti-trust laws 46:885-932
"Northern Securities" 16:539-554, 583;-list of consent decrees in federal anti-
17:4144, 88-89, 151-155, 474-478 trust cases 46:917-932
Restraint of commerce true basis of Conspiracy in restraint of t
"Northern Securities" decision ing offense 24:505
17:535-542 Constitutionality 11:51, 8
Sugar refineries case 4:36 31:435-439
Construction 31:412-415; 36:456
State anti-trust legislation Contracts by carriers to purchase output of
Application of statute forbidding combina-
independent coal operators illegal
tions in restraint of trade to public serv- 26:380
ice companies 21:633 Contracts " collateral to a sale ": how far
-under commission control 27:286 excepted 12:129; 19:472
Decisions under state statutes reviewed Conviction under ? i no bar to conviction
7:165-169 under ? 2 20:642, 649
General provisions of state statutes re- Corporation punishable for cons
viewed 7:162-165,169 20:321, 328
Relation to NIRA 47:105-107 Effect on combinations restrainin
Relaxation by state recovery acts commerce by force or by threa
47:107-o08 age 22:492-493
Technical violation of statute, but not Enjoining labor un
inimical to public welfare: car association work on non-un
to regulate demurrage assessments Enumeration of ag
18:624 the Act 7:338
Criminal liability at common law Enumeration of transactions held not
Combination to regulate price of coal within the Act 7:353-354
7:52, 308 Indefinite increase of business: wheth
"Engrossing "; definition and illegality at bidden 7:353-354
common law 7:343347 Indefinite statutor
Engrossing, forestalling, Intention
and regrating
ofatCongress
common law 31:246-270; mon35:828-831
law offenses 31:258-263
How far criminal 23:531-548 Interpretation of specific terms used in the
Provisions of the common law to protect act 7:338-339; i6:181-183
freedom of trade against engrossing, Interstate
fore- Commerce Commission a
stalling, and regrating 31:251-257 road consolidation 43:192-250

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576 RESTRAINT OF TRADE
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; a
CASES. The figure in front of the colon refers in each instance to the volume.

Sherman of
Legality of existence and activities Act:acompetitors' agreements
nation-wide labor organization 35:459,
Agreement to suspend contracts with out-
474 sider who refuses to arbitrate or give
Meaning of " restraint of trade "security
in Sher- 43:666
man Act 35:818-823, 834-837 Agreements to deal o
Modification of Supreme Court decisions
exclusively with the
under the anti-trust laws 46:391-399 whether within the Act 7:354-355
Opinions of Mr. Justice Brandeis Amount of competition in business neces-
45:98-101 sary to make combination illegal
Organized labor and restraints on interstate 26:379
commerce 43:459-462 Business' success in circumventing anti-
Policy of Act and early enforcement trust laws 47:467
sound:
later enforcement unsound Classification
35:815-837, and summ
926-949 provisions 47:470-475
Proof of damages 45:I93 Combination of competing railroads
through
Proposed plans to reduce uncertainty in control
the of stock 26:379
anti-trust laws 45:566-571 Combinations between applicants for
Reasonableness of restraint: factors affect- patents 37:1142
ing 37:633 Combinations in res
- whether material 12:278, 352; how far within law I7:535-542
i6:179-180; I7:480; 23:255-257; Competitive methods 3I:425-430
25:41-45, 71, 94 Effect on combinations that merely dimin-
Recovery against railroad and warehouseish competition among those contractin
after denial of reparation against carrier 22:498-500
by Interstate Commerce Commission Elimination of existing competition:
48:520 whether illegal if there is potential com-
Recovery for goods sold by a combinationpetition 26:380
formed in violation of the Sherman Act Excessive competition 31:205-209
22:435, 453 Minority holdings of shares of railroads by
Regulation of combination without dissolu-competing companies as violation of ? 2
tion: injunction against " fighting ships " 22:114-121
28:211 NRA codes as concessions by business to
Resale price maintenance 49:812-813 organized labor in return for exemption
Restraint on local sales of out-of-state from anti-trust laws 47:469-470
Outside competitors: whether suppression
poultry sold and delivered for local con-
sumption 44:868 of, necessary in railroad combination to
Review of decisions of United States Su- be within the Act 26:379
preme Court I6:178-185; 23:353-379; Price fixing 45:1175-1190
31:415-430 -a proposed change in the statute
Review of dicta of United States Supreme 45:1190-1195
Court 31:430-435 -review of Supreme Court decisio
Revival of action by plaintiff's administra 45:1175-1181
tor 49:323 - some criticisms of the present r
Right of private party 45:1181-1190
to sue
for violation 26:179; 31:312 Purchase by carriers of coal land from
"Rule of reason ": the dissolution of the which a proposed new carrier expected
International Harvester Co. 28:87, to derive its revenue, illegal 26:379
II4 Regulation of rates by railway combina-
-Standard Oil and Tobacco cases tions 22:493-495
25:41-45 Tests of illegality 36:87
Section two designed to incorporate the
provisions of the common law Clayton Act
31:247-251 Application to chain banking 48:664
interpreted in the light of the common Commerce within ? 2 of the Act
law 31:263-270 44:867
"Standard Oil Case" 23:209, 231; Illegality of restriction in lease tying pat-
31:421-425, 432435 ented supplies to patented machines
The Steel Corporation case 33:964, 986 50:I4I
Violation of anti-trust laws as a defense to Intercorporate stock ownership
infringement of a patent 45:11I8 47:1395-1403
Whether combination may be illegal solely -necessity of proving actual lessening of
on account of size 25:71, 94; 28:717; competition 47:1397-1398
30:843-854; 31:422-425 - use of control to facilitate merge
Who may invoke the application of the act 47:1398-1403
31:443-446 Interpretation of labor provisions 47:104

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RESTRAINT OF TRADE--ROMAN LAW 577
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in
CASES. The figure in front of the colon refers in each instance to the volume.

List of consent decrees in federal anti-trust


RIGHT OF ENTRY
cases involving ? 7 of the Act 46:929
See Future Interests, Landlord and T
Price differences based on trade status ant, Rule against Perpetuities.
50:109
Tests of illegal contracts 36:86-88 RIGHT OF SUPPORT
See also Easements, Party Walls.
National Industrial Recovery Act
Price fixing provisions of NRA codes Nature
47:101-102 Buildings: whether included in natural
Provisions of NRA codes restricting pro-right of support to land 13:666;
duction 47:102-103 I6:377
Scope of NIRA proviso Drainage against of percolating
monopoly waters 25:296
47:103-o15 Right of support acquired with license to
Shipping Act: in general lay pipes under highway 22:612
Effect of the Shipping Act on prior com-Right to lateral support by highway of
mon law and statutory remedies abutting house-owner 23:404
44:955-959 Subjacent support of highway 20:415
Robinson-Patman Act Underground waters 1o:183; 13:299
Whether right in supporting land
Prospective problems of construction and
constitutionality 50: 106-125 13:664-666
- advertising allowances 50:114-115 Removal of support
- brokerage 50: 113-114 Asphalt under surface: removal by ad-
-burden of proof 50:116-I17 joining owner 13:299
--change to market conditions Brine under surface removed b
owner 20:487, 503
50:II5-ri6
- criminal provisions 50: 118-I21 By grantee of granite un
- differences in method of sale and quan-to third party I9:220
tity 50:109-112 Effect of diminution of value due to fear
- effect on existing of further
contractssubsidence upon50:124-12
measure of
- enforcement 50:121-122 damages 21:367
- functional classification Measure of damages 13:414
50:112-113
- intrastate transactions 50:122-124 Quicksand under surface: removal by
-meeting competition 50:117-118 joining landowner 0: 183
- quality differences 50:0o9 Removal of support: accrual of action
- right to refuse to sell 50:118 I3:665; 14:303; I5:574
Right of riparian owner to enjoin lo
RESTRAINTS ON ALIENATION riparian owner from destroying dam
See Charities, Future Interests, Rule against
restore water to natural level 15:
Perpetuities, Trusts. Right of upper against lower owne
RESTRICTIVE COVENANTS building I9:626
See Equitable Servitudes. Subsidence after death
support: who liable 14:303
RESULTING TRUSTS Support from subjacent substances
See Trusts. 10:183; I3:299
Waiver of right to support from subjacent
RETAILERS' COOPERATIVE MAR- estate 19:626
KETING ASSOCIATIONS Whether notice nece
See Federal Trade Commission,
Unfair
Competition. RIGHT OF WAY I6:377
REVERSIONS
See Easements, Eminent Domain
ways, Railroads, Street Railways,
See Adverse Possession, Estates, Future In-
and Purchaser.
terests, Legacies and Devises, Powers,
Taxation, Trusts, Vendor and Purchaser,
RIPARIAN RIGHTS
Wills. See Waters.

REVIEW ROBINSON-PATMAN ACT


See Administrative Law, Appeal and Error,
See Restraint of Trade.
Constitutional Law.
ROMAN LAW
REVIVAL
See also Civil Law, History of Law, Juris
See Abatement and Revival, Wills.prudence.
REVOCATION In general
Casus and frustration in Roman and com-
See Agency, Contracts, Franchises, Licenses,
Options, Trusts, Wills. mon law 46:1281-1300

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578 ROMAN LAW--RULE AGAINST PERPETUITIES
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Common law and civil law in British Com- Roman system of private law
monwealth of Nations 5o:1249-1274 22:244-246
Evolution of law of Rome 3I:665 Upon civil and common law 36:180-192
General doctrines of Justinian's Institutes
Upon continental criminal procedure
26:405-415 48:447-448, 454
Growth of principle that will of emperorUpon English criminal procedure
has force of law 36:661 48:454, 457-458
Idea of visitation in Roman law Vocation of America for the science of
49:369-370 Roman law 26:389-415
Legitimacy and marriage in Roman and
canon law I6:22-42 Valuation
Maxims in Roman law 34:811-816 Application of law of valuation to compen-
Methods of study of nineteenth and twen- sation cases 34:252-256
tieth century Romanists 36:120 The different kinds and definitions
Misunderstandings of the civil law 34:237-249
44:759-772 - (d) Pretium ex affectu -sentimental
Natural communism in air, water, oil, sea value 34:247-249
and seashore 47:425-457 - (a) Quanti venire potest -market
Penal obligations in the Roman law
value 34:238-240
29:117-119 - (c) Utilitas; id quod in
Place in law teaching today 48:531-532 the owner 34:244-247
Protecting the poor litigant at Roman law - (b) Verum pretium; quanti omnibus
36:361 valet - ordinary or general value
Purpose for which Roman law is studied 34:241-244
36:122 Evidence and proof of value of property
Rights of a soldier under Roman law 34:256-257
50:1334 General rules of valuation in Roman law
Roman law a system of remedies 34:249-252
Property in the Roman law 34:229-259
36:I21
Shortcomings of descriptive method ofSources of Roman law of valuation
treatment 36:124 34:232-237
Similarity in development of Roman law
and military law 32:349-373 RULE AGAINST PERPETUITIES
Survival of Roman system of private law
In general
in nations which have abolished Roman
Corollaries
constitutional law 22:244-246 Interests subject to rule
Universal succession in Roman law Charitable gifts
4:101-102; 32:70
Cy-pres doctrine
Woman in early Roman law 8:39-50 See also Charities, Future Interests, Wills.
Influence In general
Character of the Roman influence on pres- Alternative devise: whether valid when
ent European and American law other devise bad for remoteness 8:I20
26:402-405 Alternative limitations 38:379, 403
English and American administration of Animal lives as lives in being 46:Io36
Roman law 32:69 Applicability of perpetuities period in de-
Genesis of Roman law in America
termining validity of restraints on aliena-
22:579-590 tion qualified as to time 48:386-388
History of Roman law showing true basis Bearing of presence or absence of restraint
for modern private rights 20:606-619 on alienation 49:1217
Ideals of Roman law--their influence in Certainty of vesting 48: 251-I252
middle ages 47:4-7 Consideration of facts existent at time of
Importance of Roman lawexercise
valuation of 49:o011
of power
property at the presentContingent
day 34:230-232
remainders to survivors fo
In the modern world 31:664 37:1143
Intrusions of Roman law into common Cuttinglaw
down honorary trust to legal period
3I:1049-1058 46:1036
National character of Roman law in Ger- Criminal lives 48: 1250
many and America 26:391-402 Delegation and redelegation of
Upon English mortgage law 4:5-8
appointment o5:946
Upon English tort law 31:972 Developments in the law-
Roman and civil law in America 48:1250-126I
i6:342-358
Directing application of appointed prop-
Tendency of new nations to adopt Anglo-
erty to save trusts otherwise violative of
Saxon system of constitutional law with
rule against perpetuities 46:1347

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RULE AGAINST PERPETUITIES 579
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES;
CASES. The figure in front of the colon refers in each instance to the volume.

Disposition of property following failure


power of alienation: application to op-
for remoteness of gifts made under tions
gen- 40:913
eral testamentary power of appointment Time of vesting a
40:507 estate the test 18:232
Estates expectant upon estates too remoteTime of vesting too remote: gi
30:770 on the admission of a will to
Evidence that woman is past childbearing 34:644
to show gift is not within the rule I:389 -whether vesting will be acc
Fifty years of the rule 50:778-782 9:242-254; 25:74
General and particular intent in connection
Time from which period of ru
with rule 9:242-254; 28:639 posthumous child I6:6oi
Gift of income to a class: when class -appointment
closes under general pow
39:659 3:139; 20:654
Gift of stock in trust to be assignedValidityand
of general power given to unborn
child of living person 28:664-672
transferred to trustee as soon as expedient
after probate 47:884 Vested gifts to a class: when class closes
Gifts to classes 48:1255-1258 19:598-605; 20:201-202
Corollaries
Infant en ventre sa mere; when considered
born I6:60o Limitation of the rule against a possibility
Legal possibility of class'
on a possibility 30:294 en
affecting applicability New York law as to alienability of rul
may take judicial moteness notice 22:520, 543 of
possibility 39:659 Restraints upon free utilizatio
Legislative interference with rule 48:1253-1255
46:701-706 Rule against possibility on pos
Limitations to classes: whether vested or tension of rule 27:713-717
contingent 38:835 -whether existing as independent rule
Modifying clause: whether rejected 3:283; 4:43, 283;as too
16:294; I8:623;
remote 19:544 23:231, 313
Number of possible lives 48:1250 Rules of building association against aliena-
Period of gestation 48:1250-1251 tion: validity 13:516
Postponement of future gift "as longTrust
as for the perpetual care of
legally possible" 20:220, 241; 22:308 lot 34:647
Powers: appointment to trustees giving dis- Trusts for accum
cretion as to amount of income to be tenants in tail 25:656, 669
paid to persons born after creation of the
power 40:507 Interests subject to rule
-determining effect
Annual of
gifts of income appo
subject to variat
light of facts in
then
amount by existing 4
extraneous circumstanc
- distinction between time and manner of 28:820
exercise of special power 26:648 Applicability of rule to contracts 34:643
- remote bequest by donee to one entitled Applicability of rule to discretionary trusts
in default of appointment: equitable elec- 39:659
tion 18:393 Application to contingent claims against es-
-remoteness determined
tate 33:537-541 as of tim
ation of power 20:657 Application to discret
-statute measuring period from exercise 41:262
York
of special power 48:1258 Application to ge
--time from which remoteness is deter- 720-728; 2
mined in case of general power to appoint Application to gener
by will only 34:648-650 47:948
-validity when appointment under it ofremainders 20:199-200
Contingent
transmissible interest would beContingent
too re- remainder to children of unborn
mote 24:585 person 3:283; 4:43, 283; 16:294
Purpose of rule 7:409414,427;
Equitable 8
contingent remainders in person-
Rule against limitation alty 37:II43
to unborn
tions in succession 30:238-240 Gift after estat
Insurance
-effect of enactment doing away with the trusts
rule 30:226, 238-240 Land development s
Separable limitations 15:677; retained 23:647; right to cu
38:379, 403and expenses 48:1253-1255
Shifting devise to after-born grandchildren
Limitation for life expectant upon estate
50:984 void for remoteness 24:341
Statement of the rule 20:198-199 Limitations after estate void for remoteness
Statutory provision against suspension of 38:379

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580 RULE AGAINST PERPETUITIES- RULE IN SHELLEY'S CASE
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Option in vendor, his heirs and assigns to Resulting trust to unpaid legatees on the
demand reconveyance on a collateral con- termination of a charitable trust created
tingency 34:642-644 by the will 35:884
Option to purchase at anySeparability
future time of limitati
41:406 Should courts construe a limitation which
Option to purchase fee 18:379; 20:240
may be too remote as bad only for the
excess 33:531-535
- validity in equity and at law of a long
time option 34:440 Should separable limitati
Option to purchase stock 3 :660 33:531-53
Options 48:826 Testamentary gift in tr
Options in gross and corporation not in being
rights of37:275
pre-em
-suspension of power Whether validityof alienation
of remote gift is anoma-
48:1253 lous 7:408-414; 8:211-219; 9:549
Options to purchase in long term le
47:948-949
Cy-pres doctrine
Possibility of reverter on breach of
Application to legal estates 9:248
tion 3 :407 Infant en ventre sa mere i6:60I
Powers of sale in long term
secure bond issues 47:949-950 Nature and scope 9:248-249
Successive life estates or estates tail
Powers of sale in trustees and the rule
17:559
against perpetuities 47:948-975
Transforming vested into contingent re-
- drafting trust instruments to save pow-
mainders I9:306
ers 47:975
- powers to sell for distrib
RULE IN SHELLEY'S CASE
47:957-959
-powers to sell for
Application reinves
of Archer's Case in Am
47:952-957 27:673, 688
Right of entry for
Avoiding rule by construingcondition
" heirs or heirs
34:648 of body " as " children " io:66
Rule inapplicable to party wall agreements Confusion with common law rule disallow-
postponing enjoyment of nonbuilder ing remainder to settlor's heirs 48:1203
37:312-313
Construction of "heirs of her body" as
Trust for indefinite cestuis: whether valid- " children " 44:474
ity affected by rule 15:526-530 Decline of the rule 50:754-756
Trust terminable by cestuis 7:427; 9:549; Deeds and wills, distinction between
Io:446, 528 23:313
Trust where beneficiaries not ascertainable Developments in the law - 932-I934
within period 48: 1164 48:12I2-12I6
Trusts proceeds of life insurance Effect of estate to A for life, remainder to
policies
50:515-517 her lawful issue under statute abolishing
Vendor's option to take certain rights when-necessity of words of limitation in will to
ever he, heirs or assigns choose 23:408 pass a fee 33:988
Executory trust, application to 23:488
Charitable gifts Gifts of personal property, application to
Accumulations in charitable trusts 23:51, 69
41:514-518 Held inapplicable where land is " divided
As applied to charitable trust 29:793 between " A and his heirs 35:205
Fallacy of applying rule to property and "Issue" construed to control " children"
not to contracts 33:537-541 38:265
Gift over from one charity to another on
Joint tenancy for life with remainders sev-
a remote contingency 34:645-646 erally in fee 6:321
Gift to charity upon remote contingency: Legislative attacks upon t
effect of express direction as to vesting 45:571-577
Life tenant given power to convey only for
40:913
period of his life preventing application
Gift to first orphan home to be established
in X, with no preceding gift 33:986 of rule 23:313
Gifts to classes 33:534-535 Nature of rule: whether rule of law or of
New York rule: suspension of ownership construction II:418; I2:64
33:32I Operation of rule on remainder to
The policy against remoteness 33:535-541share and share alike" 30:195
Operative
Possible interval between end of period and in Nebraska 36:628
formation of corporation -cy pres Particular estate and remainder not b
48: 260o-26I of the same quality 23:488
Remoteness where there is no precedingProgress
gift of the law therein, I919-I920
33:986 34:619-522

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RULE IN SHELLEY S CASE - SALES 58I
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTE
CASES. The figure in front of the colon refers in each instance to the volume.

a club: to
Remainder to " heirs " as a requisite whether
op- a sale 4:183; 8:426;
eration of 36:344 Io:125; 13:694
Whether applicable when ancestor's
Effect of a purported present sale ofestate
future
is a vested remainder 24: I6o goods when the goods are acquired by
theor
Whether " issue " is a word of purchase seller 35:807-814
of limitation 33:988 Exchange: whether a sale wi
tion laws 27:396
SAFE DEPOSIT COMPANIES Necessity of appropr
sell future goods 35:807-814
See also Bailments, Possession, Warehouse-
men. Requisites in the early law 35:798-804
Duty of safe deposit company in caseSale
of distinguished
ac- from contract for pur-
tion against depositor 9:135-141 chase of stock on margin 15:78
Liability of safe deposit companies: its na-
Sale distinguished from contract for work
ture and extent 9:133-135 and labor 7:434
Relation between depositorsWhat having constitutes
com- deli
munity of interest in safe 9:142-143 36:1036
Relation between safe deposit company and Whether service of foo
depositors 9:131-133 stitutes a sale 32:72
Review of law of safe deposit companies
Subject matter of sale
9:131-143
SALES After-acquired property: ba
In general of buyer's rights I3:598; 14:626;
Essential elements of sale 15:587; I9:557-585
Subject matter of sale --when title passes: possession of vendee
29:229
Time of passing of title
Cable transfer of credit 35:772
Title of goods subject to bill of lading
Risk of loss Future crops: subsequent mortgagee pre-
Conditional sales: in general ferred over buyer 33:479
Future earnings compared to proper
Conditional sales: recording
Fraud and related matters tentially possessed 21:275, 285
Rights and remedies of seller Future increase or product of property al-
Stoppage in transitu ready owned 14:626; 15:586
Rights and remedies of buyers Office in corporation 38:529
Warranties: in general Potential possession 34:744-745
Express warranties Property to be specified in future, thoug
Implied warranties already owned by seller 14:468
Warranties: remedies for breach Shares of stock 45:1413-1415
Uniform Sales Act Time of passing of title
Sale of Goods Act
Acceptance by buyer of inferior goods
Transfers by an apparent owner 34:763-764
Trust receipts Acceptance of goods not ordered I3:609;
See also Agency, Bankruptcy, Bills of Lad- I4:I59
ing, Brokers, Chattel Mortgages, Con- Assent of buyer to passing of title on d
stitutional Law, Contracts, Damages, livery to carrier: presumed when a cred
Equitable Servitudes, Factors and Fac- tor in absence of subsequent dissent
tors Acts, Interstate Commerce, Intoxi- 25:555, 570
cating Liquors, Letters of Credit, Liens,
Cash sales: waiver of condition by delivery
Limitation of Actions, Pledges, Rescis- in return for check given after banking
sion, Restraint of Trade, Statute of hours 23:69
Frauds, Transfer of Stock, WageringC.i.f. contracts 46:1047
Contracts.
C.i.f. shipments 33:479
C.O.D. shipments 11:468, 555;
In general Delivery of separate quantities of
Casus and frustration in Roman and com- goods to agent of two separate b
mon law 46:1281-1300 30:402
Developments in the law Effect-on931
passage of title of non-payment of
45:1412-1428 check given for goods 34:749-750
Equitable servitudes on chattels Goods manufactured to order I:408:
41:945-1013 9:290
Influence of common law in British civil Passage of title to grain lying in a mass
law jurisdictions 50:1263 30:402
Statutory attacks on deceptive Qualified delivery to carrier 42:826
advertising
43:945-949 Remedy of unpaid seller with a lien: effect
Essential elements of sale of recovery of judgment for price on sub-
Distribution of liquor among members of sequent resale by seller 38:403

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582 SALES

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Return by buyer under contract of sale or General principles: under civil law
return 39:515 9:72-79
Sale of standing trees 28:114 -under common law 9:106-111
- forfeiture for non-removal I7:411 On buyer under c.i.f. contract 33:479;
Silence as consent to an appropriation 34:753-755
34:748 On buyer under order bill 34:752
Specific goods to which something remains Risk of loss when a temporary delay under
to be done 13:695; 16:587 Sales Act 34:762-763
Sale
Unspecified goods, part of larger of portion of undivide
mass
3:284; II:345; 36:888 Under an " order notify " bil
When buyer refuses to receive delivery and 36:6o5-6o8, 628
seller sues for price 20:366
Conditional sales: in general
Title of goods subject to bill of lading
Animals: ownership of off
Attachment of goods in possession of Application of Uniform Sale
bailee: rights of holder of bill of lading tel removed from one state to another
- effect of actual notice despite failure to
19:370
Bill of lading to buyer with draft for more record 47:713
than contract price: effect of retention
Assignment of claim
by seller I9:388 I5:32I
Bill of lading to buyer's Bailment with
order:option toeffect
buy distinguished
of
tention by seller I2:436 from conditional sale I5:414; 22:386
Bill of lading to seller's order: nature of
Bankruptcy: validity of conditional sale
interest retained by seller 14: 59; against trustee where possession is in third
36:6o5-6o8, 628 party 36:104
Bills of lading as security for advances: na- Carrier's lien on g
ture of pledgee's interest I8:307 charges incurred by vendee 23:63
C.i.f. contracts 34:753-755 Chattels affixed to land: seller's rights
Common law and mercantile theories against mortgagee 8:55; 15:236; I6:53I
27:583, 597 Chattels affixed to land by lessor - seller's
Conclusiveness of bill of lading 25:570 rights against lessee 48:857
Consignment under mistake as to existence Condition to secure an obligation ind
of contractual obligation 32:736 pendent of sale 47:534
Effect of references in a bill of exchange Distinction
to from chattel mortg
shipping documents 32:560,573 cation of Uniform Conditional Sales Act
Failure of English courts to give proper ef- 36:740
fect to an order bill held as security Effect of sale by conditional vendee 29:217
34:755-758 Effect of seller's repossession on rights of
Goods " billed straight ": bill retained byseller's assignee 40:1155
seller 15:239 Effect of Uniform Conditional Sales Act
Indorsement without intent to
36:489 pass
22:308 Effect of Uniform Sales Act on rights of
Negotiability of bill of lading to seller's or- purchaser from conditional buyer
der endorsed to a purchaser: effect of 39:660
such bill on title 22:534 Effect on seller's title of transfer of note
Right of buyer who acquires in given
goodforfaith
price 25:462, 480, 743
Election of
bill of lading of goods erroneously remedies: application of doc-
sent
to him 34:748-749 trine 25:462, 480
Extent of
Right of purchaser of improperly vendor's
issued bill rig
of lading upon subsequentupon delivery of
default 47:884
goods to carrier 42:711 Failure by buyer to pay price
ure
Statute making all bills of lading of damages I5:414; 36:489
negotiable,
effect on "straight" bill with words Forfeiture of installments I8:6II
"non-negotiable ": interest of bona fide Judgment for price: effect on titl
purchaser of bill from consignor 23:146 Lease with option to buy construed as a
What constitutes bill of lading under c.i.f. conditional sale 36:489
contract 35:471 Legislation protecting installm
49:128-137
Risk of loss Mortgage of property subsequently ac-
Conditional sales 9:107-111; I3:608; quired under unrecorded conditional sale,
14:626; I9:388; 23:15I; 25:393 interest of mortgagee in 44:122
Effect of buyer's right of inspection 28:114 Nature of: analogy to chattel mortgage
Effect of declaration of vessel on risk of lia- 36:489, 740; 38:1135-1136
bility for non-delivery 38:509 -analogy to mortgage 14:626; 15:414
Executory sale of land '23:476, 490 Power of automobile dealer to bind condi-

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SALES 583
References in heavy-faced type are to
CASES. The figure in front of the colon

tional vendor by transaction


bona fide purchaser in another w
st
fide purchaser 44:1135 33:15-16
Power of sale: termination by Effectinsolvency
of unrecorded conditional sa
of buyer 13:528 landlord distraining goods in ha
- whether implied in buyer conditional sales
37:161
12:65 Effect on seller's t
Priority of lien of conditional vendor of goods intended to
automobile over common law lien for in trade 25:570
repairs 33:868 Necessity of recordin
Property held under ditionala conditional
sale 39:399 sal
ject to lien for Fraudvendee's
and related matters taxes 41
Redemption under Uniform Sales Act
contract contains acceleration clause See also Fraudulent Conveyances.
Applicability of Bulk Sales Act to good
43:667 will transferred with merchandise and
Release from conditional buyer as defense
to tortfeasor when sued by conditional
fixtures 42:277
Application of Bulk Sales Acts
seller 39:658
Remedies of seller: breach of a collateral 33:7I7, 731
Application of Uniform Fraudulent Con
contract as defense to replevin 28:821
veyance Act 46:404-452
- effect on title 20:655 -application to personalty 46:437
--election of remedies 8:235;36:489, - relation to doctrine of fraudulent reten-
740
Resale by vendor on breach: whether he tion of possession 46:405-406
Bulk mortgage legislation 44:638-642
can resell to himself 15:238 Buyer's lack of reasonable expectation o
Retention of mere lien distinguished from
ability to pay 46:1344
conditional sale 12:65 Delivery: effect of constructive
Right of seller against bona fide purchaser
I5:75I
from buyer 32:294; 37: 1144
-what essential when goods in possessio
Right of seller against trustee in bankruptcy
of buyer 37:1144 of bailee I3:609
Right of seller on resale to collect deficiency
-whether essential as
judgment 34:765-766 sons II:418; 13:609; I5:75I
-whether reasonable time allowed
Seller's duty to foreclose upon default
II:418; 15:751
36:740
Delivery as a requisite in the sale of chat-
Tests to distinguish chattel mortgage from
conditional sale 36:740 tel property 35:797-814
Effect of fraud upon passage of tit
Trust receipt compared with conditional
39:904
sale contract 38:677
Vendee's interest as property Fraud on seller: misrepresentation by buyer
under
Bankruptcy Act, ? 77B 49:328, as to his identity I:4, n. 2; 16:381
z134-zr35
-order on bailee obtained by trick 8:423
Impersonation by buyer, effect of on pas-
Vendor wrongfully taking possession of the
property 34:766-767 sage of title 35:212
Operation of parol evidence rule with
What law governs right of redemption
reference to fradulent warranties
47:128
When time for notice of resale begins to run 39:643
under Uniform Conditional Sales Act Possession as indicium of title 43:1309
Power of dealer to bind owner by mortgage
48:344
Wrongful re-sale by buyer: seller's measure 45:375
of damages against sub-vendee 14:75 Retention of possession by seller: effect of
seller's rights if buyer is insolvent 35:804-807
13:528 -whether fraudulent per se 11:918;
Conditional sales: recording 13:151, 609
Application of chattel mortgage recording Sale to second buyer by seller in possession
acts 16:370; 33:321; 36:740 34:750
Statutory restrictions on sale of whole stock
Bankruptcy: validity of unrecorded sale
by retail dealers 20:579
against trustee 20:65; 24:620, 623
Chattel mortgage and conditional sale re- Rights and remedies of seller
cording acts in the conflict of laws Buyer's failure to pay as excuse fo
4I:779-782 nonperformance where the cont
Effect of recorded conditional sale on right divisible 34:329
of distress 38:830 Effect of buyer's offer
Effect of recording against purchaser
ment when fromcontract ca
a dealer 45:1426-1428 in terms of money 34:746-747
Effect of unrecorded conditional sale against
Equitable lien for purchase price 19:472

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584 SALES
References in heavy-faced type are
CASES. The figure in front of the colo

Insolvency of - buyer:
when receipt by agentasofexcusi
vendee breaks
give credit I4:428; 16:523 transit 23:142, 152
- whether excusing refusal to perform Liability of seller for frei
I4:427-428; I6:523 30:296
Power of resale 20:369-371; 35:870 Nature of right 7:438; I4:65
Recovery of price payable independently ofResale by vendor: right to sue for
delivery, after seller's repudiation ciency 14:65
20:375-381 - when vendee entitled to notice I4:65
Recovery of price payable on passing of
title, when delivery is rejected Rights and remedies of buyers
20:363-374 Defective performance: effect of acceptance
Refusal by buyer to accept: measure of on right to sue for 19:208
damages 1:408; 9:435; I5:414 Effect of failure to declare name of vessel
carrying goods 38:507
Resale: effect of notice to buyer of intended
resale 35:870 Effect of offer of a draft in pa
-when binding on buyer 35:870 contract called for payment
Resale of goods after recovery of judgment money 34:746-747
for price 38:403 Effect of " order notify"
buyer toupon
Revesting of vendor's lien sue carrier 36:605-608, 628
insolvency
of buyer after saleEffect
to ofbona
trial and fide
inspectionpur-
32:182
chaser 26:557 Inspection: right of in sales C. 0. D.
Right of seller under divisible contr
i8:386
sue for installment of payment
- rights of, before goods deliv
when payment
is to be made against bill
in spite of his subsequent of lading
breach
34:745-746 22:387
Right of seller who has contracted to sell Insurance certificate as satisfying terms of
more goods than he can get to apportion c.i.f. contract 49:248-253
them among the several buyers Legislation protecting installment b
34:764-765 49:1 28-137
Right to contract price when buyer resells Recovery of incidental damages in action to
goods not conforming to contract rescind for fraud 43:328
23:232 Refusal to accept goods carried
clared vessel 38:5o8
Right to substitute vessel for one already
declared to buyer 38:507 Remedies for breach of w
Right to sue for purchase price under lowing
" or- heads: also Rescis
der notify " bill of lading 36:605-608,
Resale by seller of goods fo
628 he has recovered judgme
Solvency of buyer doubtful: whether sion ex- 38:403
cusing refusal to perform 14:428, Rightn. 2; of buyer
16:523 retain paymen
Specific performance at law I8:298 remainder by seller 34:746
Suit for the price in conditional sale Right to reject defective portion of go
20:371-372,378-381 delivered 38:988; 41:406
Trover against fraudulent buyer as substi-Rights against assignee of bill
tute for bill in equity :4, n. 2 when goods are defective I4:159;
Under ?? 64, 65 of Uniform Sales Act 16:292, 309; 17: 205; 22:233
36:731-733, 760 Satisfaction of buyer as condition, see Con-
Whether seller bound to give notice before ditions Precedent.
Seller's duty to furnish cars 18:233
bringing suit on buyer's refusal to per-
form 36:73I-733, 760 Seller's duty to give notice to buyer be-
Wrongful delivery by carrier 20:241
fore bringing suit for buyer's repudiation
of contract 36:731-733, 760
Stoppage in transitu Specific performance 47:1038
Bill of lading to subvendee's order delivered
to buyer 12:437 Warranties: in general
Collecting bank taking negotiable
Admission billdespite
of oral warranty of exp
lading from buyer asdisclaimer
security in written contract
for a 43:326
loan
as bona fide purchaser of the
Contractual bill
limitations of lad-
45:1418-1419
ing 40:508 Damages for breach of warranty, see Dam-
Diversion by ages.
consignee 45:1
Effect of attornment by
Effective to transfer after-acquired title by b
Effect of " on estoppel
arrival" 35:456
drafts
Express and implied 46:1047-1048
40:508
End of Intent
transit: to contract as necessary
carrier holdingelement in
arrival at destination 15:496 establishing warranty 27:1-13

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SALES 585
References in heavy-faced type are to
CASES. The figure in front of the colon r

Liability to sub-vendees 49:664 Exclusion of implied warr


Misrepresentation as deceit, negligence, disclaimer
or of warranties in
warranty 42:733-747 42:710
Nature of ii:315-316; 15:739; Fitness for particular purpose stated
i6:466-467; 42:414-416 7:218; ir:325; 34:760-761
Necessity for privity of contract in war- Food served in restaurant 33:241
ranties by representation 42:414-419 Husband's action for loss of consortium
-donee from buyer 42:417 based on warranty to wife 47:1443
-sale directly to donee 42:416 In trade name sales 45:1415-1417
- sub-purchasers 42:417-419 Latent defects: manufacturer and dealer
Privity 45:1418 ii:323-327; 16:590
Rescission for breach of warranty 46:35 Liability of a municipality for furnishing
Tort liability of manufacturers and con- impure water 34:92
tractors to ultimate purchasers 40:887 Liability of packer and retaile
Warranties in the early law 22:100-102 pork infested with trichi
Warrantual versus tort measure of dam- Manufacturer liable as warrantor to subse-
ages 50:1244-1246 quent purchaser 34:761-762
Warranty of quality 24:418-422 Manufacturer's liability to donee 41:
Warranty of title 24:417-418 Merchantability 1:322-323; I6:59o;
27:11
Express warranties -infringement of trade mark rights as
Buyer's reliance on seller's statementsbreach
as of 35:477
essential element of action on warranty
Opportunity for inspecti
21:570-576 ing warranty 1:319-320, 328
Distinguished from expressions of opinionPlace at which goods must be salable
Ii:320-321 35:886
Distinguished from implied warranties Plans and specifications 32:738
I6:590 Reliance by buyer on seller's superior
Effect of inspection on warranty 21:572 knowledge II:323-329, 546; 25:75, 05
Express warranties and the parol evidence Repairman's liability on implied warranty
rule 39:642, 66I of fitness of materials used 47:I067
Intent to warrant Sale as ofnecessary
bonds when issues areelement
all or in part
establishing warranty 21:559-561 unauthorized 21:294
Liability of manufacturer for representa-Sale of non-negotiable chec
tions to sub-purchaser 46:I6i Sale of stock of de facto corpor
Necessity of consideration to support war- 2I:294
ranty 2I:573-575 Survival of claim based on implied war-
Statements made subsequent ranty of wholesomeness to the of food bar-
41:913
gain 21:575-576 Theoretical basis of implied warranties
Statements of vendor's opinion as bas
16:59o
warranty 21:567-568 Title: resale of confidential reports
Tort as basis of action on warranty 27:287
2 :555-559 - warranty of title 2:10; 7:215-217;
Warranty of obvious defects 21:570-571 27:10
What constitutes express warranty, in gen-
Waiver of breach by acceptance 29:229
eral 21:555-582; 27:494 Warranty of merchantability does not in-
Word "warrant," whether essential: doc-
clude legal salability 35:886
trine of Chandelor v. Lopus i:191-195; of provisions: for animals
Wholesomeness
2:9-10; 8:282; I6:466-467 25:670; 32:71
Words of description as constituting war-
-for human consumption 7:217; 1:325,
ranty 2I:562-564 546; 32:7r
-canned goods eaten in dining car
Implied warranties 26:556
Compared with quasi
Warranties: contract
remedies for breach 20:206-21
Conformity to description 7:218-219
Rescission for breach of warranty, see Re-
ii:319-320, scission. 328
Conformity to sample II:317-319 Acceptance of goods: what rights waived
A contract implied in fact rather than a 10:I9I; I4:390; I5:864
quasi contract 33:383-385 Breach of warranty in illegal sale 45:187
Distinguished from express warranties Buyer's voluntary rescission of sub-con-
16:590 tract 35:887
Duty of seller to disclose contagious dis- Consequential damag
ease in cattle 32:182 caused by resale of
Exclusion by express warranties xi:316; 44:4I1
28:213Contractual limitations 45:1418-1

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586 SALES--SCHOOLS AND SCHOOL DISTRICTS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECE
CASES. The figure in front of the colon refers in each instance to the volume.

Costs of prior litigation: whether recover-Recovery of price payable on delivery


able for failure of title 17:139 when buyer refuses to receive goods
Deduction for benefits received by pur- 20:363
chaser on rescission for breach of war- Scotch law assimilated to English 8:54
ranty 33:602, 615 Statute of Frauds, ? 17: how affected
Early law 2:8-10; 7:213-214 8: 12
English law: executed and executory Transferssales by an apparent owner
15:148; 16:468 Effect of recording security interest against
General discussion of Williston-Burdick purchaser from a dealer 45:1426-1428
controversy 17:363, 500 Sales by dealers 45:1424-1426
Measure of damages: for breach of war-
ranty of seed 14:543; 21:286 Trust receipts
--for breach of warranty of seedAutomobile after sales to dealers 45:1424-1426
resale 29:221 Right of trustee in bankruptcy against
-when subject matter unique I5:586 holder of unrecorded trust receipt who
Mutual exclusiveness of buyer's remedies retakes property before bankruptcy
23:141, 151 44:304
Unrecorded trust receipt invalid unless
New York law: " warranties surviving ac-
ceptance" 7:434; i6:468 property comes from third party
Recoupment, counterclaim, and independ- 36:229
ent action 15:148 SALVAGE
Recovery for breach of See also Admiralty,
implied Insurance.
warranty
after Statute of Limitations has run on In general 33:453, 480
implied or oral contracts but not on Liability of United States fo
written contracts 30:295 20:241
Life salvage I9:310
Recovery of consequential damages
33:6o0 Nature of salvage service 33:453
Remedy for breach of warranty Persons
of titleentitled: offending and saving ves-
18:152 sels under same ownership 16:519
Uniform Sales Act -rights of person fraudulently inducing
?4(2) 36:111 salvage contract 9:484
? 15(6) 28:213 Persons liable: persons other
? 24 41:536 owners 15:232
? 27 47:1072 Recovery when r
? 44(3) 38:988; 41:407 benefit 35:887
'? 6o 44:998 Recovery when ser
?63(3) 44:998 contract procured by duress 36:489
? 68 47:1038, 1044 Services rendered to ship in dry dock
? 75 41:407 21:634; 23:313
'? 76 47:1072 Subjects of salvage: aeroplane fallen in
Application to navigable shares waters 28:200,
of 203 stock
Measure of damages - gas-float in for riverbreach
9:429
tory contract of sale 37:779 Validity of usage of rendering salv
ice gratuitously 35:6I5
Must a contract to establish credit by cable
transfer be in writing? 35:772 Value of salved property 4o: oi8
Voluntary service 34:670
Right of seller to resell under ? 60 after
having forced title into buyer under
? 63(3) 44:998 SATISFACTION
States adopting See Accord
Act and Satisfaction.
in 1931 45:1412-1
Where in force in 1920 34:741
Whether applies to shares of stock SCHOOLS AND SCHOOL DISTRICTS
45:I413-1415 See also Charities, Colleges and Unive
Sale of Goods Act ties, Constitutional Law, Municipal C
Factor's Act, I889 (England): how af- porations.
fected 8:509 Discriminating regulation of street rail
Implied warranties: rates in favor ofhow
school childrenaffecte
18:618
Mailing check according Employment of nuns as teachers to notagre
sec-
a payment 21:222 tarian teaching 8:363
Notice of shipment Liability by seaof in F. O. B.
employee forsales
negl
27:187 47:1069
Recovery of price Liability
in conditional sale
to pupils for dangerous condition
20:378-381 of premises 23:149
Recovery of price payable independently of
Mandamus for diploma for u
delivery, after seller has repudiated dent allowed to take part
20:375 exercises 29:342

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SCHOOLS AND SCHOOL DISTRICTS--SECURITIES ACTS 587
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Reading of the Bible in public schools SECURITY


24: 60 See Bankruptcy, Bills and Notes, Chat
Rights of Japanese in California schools Mortgages, Liens, Mortgages, Pledge
20:337 Sales, Suretyship.
Rule to exclude members of teachers' union
from schools 29:230 SECURITIES ACTS
Statutes prohibiting teaching In generalof foreign
languages unconstitutional 37: 15 Federal Securities Act
Title to land gained against school districtFederal Securities Exchange Act
by adverse possession 20:644 Securities and Exchange Commission
State laws
SCIRE FACIAS
In general
Visitatorial jurisdiction over corporations
49:375-376 Federal incorporation and securities regula-
SCOTS LAW tion 49:413-425
Common law and civil law in British Com-
Federal regulation of
monwealth of Nations 50:1249-1274 Resort to powers of
Common law and Roman elements in legalUse of penal sanctions 50:628-631
system of Scotland 50:1251-1253
Federal Securities Act
SEALS
Adequacy in compelling disclosure of cor-
See also Agency, Bills and Notes, Contracts
porate affairs 47:335-343
(Contracts under seal), Corporations.
Application to securities issued in reor
Answer in equity by corporation: necessity
zations 48:1118-1122
of seal II:478 Background and purpose 48:107-o08
Effect on form of action of seal on pr
Certificates of deposit issued by committee
sory note 43:654
in bankruptcy reorganization as subject
Necessity of seal to validate corporate acts:
history 2:117-121 to registration 49:r158-1159
Civil liability provisions 48:107-12I
Sealed instrument enforced as simple con-
tract 8:116 - defenses 48: 18-120
- materiality of representatio
Suit by orally disclosed p
48:1I2-II4
agent signs and seals contra
- quantum of recovery 48:114-118
SEAMEN 35:339 - reliance 48:109-112
Failure to treat problem of
See also Admiralty, Aliens, Maritime Liens,
Shipping, Statutes. frauds 47:I031
Naive assumptions beh
Desertion: whether compelling fireman to
work overtime is an excuse II:411 47:460
Suits against
- whether retaking of deserterpromoters byis
purchasers of
" invol-
untary servitude" I0:5I5; I3:305 securities for deceit 49:790
General discussion of liability for injuries
Federal Securities Exchange Act
to seamen in various cases I9:418-444
Liens for wages 11:411; I5:3I4 Background and purpose 48:107-108
Maritime personal injuries and the seamanCivil liability provisions 48:107-121
and harbor worker 44:239-244 - defenses 48: 18-I20
Ownership as determining what law gov- - materiality of representatio
erns a tort committed on a ship on the 48:112-114
high seas 45:582 -quantum of recovery 48:114-118
Right of master to lien on- freight
reliance 48:
for Io9-II2
wages
42:442
Securities and Exchange Com
Seaman's right to recover under the Jones
Act after accepting maintenance and cureControl of promoters' prof
41:662 Customer's standing to enjoin
Seamen's Act of I9I5: deductions in Ameri- broker of records of his a
can port of advances made to foreign sea-poenaed by Commission 50:698
men by a foreign vessel in foreign portPower to investigate registrant after appli-
32:580 cation is withdrawn 49:I369
--requirement of good faith 31:169State laws
Shipowner's liability under Jones Act for
failure to give proper care to seaman in Adequacy in compelling disclosure of cor-
illness 46:712 porate affairs 47:337
Blue sky legislation
Wages on interrupted voyage 50:49-50
32:440
SEASHORE
Knowledge of falsity as element of sta
tory crime of filing a false statement
See Waters (Tidal Waters). corporate assets 47:714

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588 SECURITIES ACTS--SET-OFF AND COUNTERCLAIM;
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Sale of cemetery lots with resale options as SENTENCE


sale of " securities " 50:992 See Criminal Law.
Statutory liability of shareholder to whom
stock was sold in violation of SEQUESTRATION
blue sky
law 47:703 See also Equity, Jury, Receivers, Wars,
Witnesses.
SEDUCTION
Alienation of property in custody of court
47:1025-1026
Civil liability
Writ of sequestration as a conservatory
Action by seduced woman later marrying
seducer and then divorced from him process 38:525
Io: i88
SERVICE OF PROCESS
Necessity of relationship of master and
See Conflict of Laws, Constitutional L
servant for parent to recover I6:298; Divorce, Foreign Corporations, Inters
17:362 Commerce, Judgments, Process.
Criminal liability
Marriage with seduced woman as defense
SET-OFF AND COUNTERCLAIM
17:63 See also Bankruptcy (Set-off), Banks
SEISIN
Banking, Bills and Notes, Executors a
See Adverse Possession, Covenants ofAdministrators,
Title, Sales, Subrogation,
Disseisin, History of Law (Property),
Trusts.
Possession.
Accommodated payee's right to set off
Disappearance of the primitive doctrine of his credit balance against holder of note
seisin: effect of Statute of Uses
26:366
34:596-601 Advancements to heir set off against entire
English conception of seisin from the estate 20:493
twelfth to fourteenth centuries
Against plaintiff
40:921-925 ternative under
Original meaning of the term 34:592-595 33:614
Origin of the modern use of the term
Attorney's lien: p
34:595-596 off 19:211
Survivals of the primitive doctrine of seisinAvailability of
34:602-604 have been set
SELF-DEFENSE
39:65
See also Homicide, Murder. Availability of
Early history stockholders'
Belief in danger of serious bodily harm 42:1068-1071; 45:1382-I384
13:223
Bankrupt stockholder's right to set off
Early authorities in criminal law note of insolvent bank against his statu-
7:323-324, 445-446; 22:97 tory liability as stockholder 41:1062
Early authorities in torts 7:445-446; Bank's right to apply garnished deposits to
22:97
demand note 48:845
Duty to retreat Bookmaker's right to count
Attack by another inhabitant of one's owngambling losses under rec
home 28:527 statute 47:537
Duty to retreat from Claim in assumpsit
place of busin
35:88 I8:398
"Retreating to wall" Counterclaim
in felonious as ass
pr
9:214; IO:I29, 382; 11:63; i6:567 voluntary nonsuit 44:658
Counterclaim as waiving objection t
Whether duty to retreat from illegal place
diction 20:501
of business 29:544
- by shipper in acti
Necessity created by defendant 43:II5
Affray provoked by abusive -for contribution
language against alleged
17:63 feasor-plaintiff 47:234-235
Assault provoked by defendant 15:858 - greater than jurisdictional limit of c
Going armed near one who has threatened 17:350
8:355; II:58; 27:97 -in action to recover property exempt
Necessity created by defendant's wrongful from execution 25:291
act IO:I29; 11:63 Counterclaims in code procedur
50:1025-1027
Burden of proof -in courts of limited jurisdiction
In general 12:281; 17:208 44:273-276
Placed on defendant in homicide case Cross bill in equity adding new parties
33:609 33:730

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SET-OFF AND COUNTERCLAIM -SHIPPING 589
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain type to R
CASES. The figure in front of the colon refers in each instance to the volume.

Depositary bank's right to set off againstSet-off of debt of bankrupt against debtor
trustee in bankruptcy claims it has of creditor to trustee 25:469
against bankrupt depositor 22:225 Set-off of debt of original legatee against
Effect of assignment upon right to set off his heir substituted by statute to prevent
mutual judgments 27:686 lapse 21:29I
Effect of moratorium on bank's right to
Set-off of depo
set off secured debt against deposit insolvent bank
48:845 45:92
Equitable set-off 34:179-182 Set-off of disho
-by surety against insolvent principal by drawer after
37:506 19:212
-by surety maker of promissory noteof immature claims in insolvency
Set-off
against insolvent bank 27:278 and receivership 34:178-196
-by trustee against insolvent cestui Set-off of personal debt of partner agains
20:336 debt due partnership 9:289
Immature claims held and owing by banks Set-off under the American Bankruptcy Act
34:193-196 34:183
Insolvency as basis for equitable set-offSet-off under the English Bankruptcy Acts
34:184-185 34:182-183
Insolvency as basis for right of set-off Set-off when claim against insolvent is not
31:715-716 due 34:185-193
Jurisdiction of federal court over counter-
SHELLEY'S CASE
claim by trustee in bankruptcy against
creditor's claim 36:615 See Rule in Shelley's Case.
Lack of mutuality as ground for refusing
set-off of payment made as surety
SHERIFFS AND CONSTABLES
See also Arrest, Execution, Process, Public
Necessity for mutual crediting 39:400
Officers.
Not available to bondholders in suit for
Bond of indemnity for not levying execu-
unpaid stock subscriptions 23:563
tion, legality of 15:231
Partner's right to set off firm account for goods seized on execu
Conversion
against individual indebtedness to in-
49:1091-1092,1098-1099
solvent bank 47: o069 Entry on stranger's premises to serv
Pendency of suit in which present claim
writ as trespass 8:120
might be set up as a counterclaim as
Injunction against police remai
ground for abatement 33:857 premises in the absence of suspi
Preservation of an equitable set-off as a
wrong 20:150
basis for marshalling 39:257-258 Resisting sheriff
Provable counterclaim in bankruptcy ment 29:330
20:231
Sheriff's bond, suit
Receiver's compensation: whether subject prisoner 12:215
to set-off 18:386 Suit on sheriff's bond not
Recoupment against creditor's assignee
a foreign state 36:88I
23:152
Reply counterclaims 46:342 The "third degree" 43:17-623
Return of payment to debtor paying bank-
SHERMAN ACT
rupt in ignorance of set-off 2I:14I
See Abatement
Right of bank receiver to set off municipal and Revival, Constitutional
Law, Illegal Contracts, Interstate Com-
bonds against city's deposit 49:646
Right of a defendant to take a non-suitmerce,
on Labor Law, Restraint of Trade.
a counterclaim 37:503
SHIPPING
Right of insured to set off against assignee
of insurer to whom he has pledged See policy
also Admiralty, Carriers, Maritime
40:323 Liens, Restraint of Trade, Salvage, Sea-
Set-off after assignment 13:528
men.

Set-off by depositor against proceeds of his


In after
note returned to bank by pledgee general
bank's insolvency 46:1023 Contract of affreightment: right of parties
Set-off by executor against legatee to, after justifiable abandonment of ves-
35:340 sel 19:200; 32:835
Set-off by solvent party of claim for breach
--right of shipowner to com
of contract against receiver's claim for after justifiable abandonmen
part performance 46:1133-1134 sea: when right to freight b
Set-off of claim purchased after insolvency Limitation of liability in sui
17:205 warranty of seaworthin

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590 SHIPPING - SOVEREIGN
References in heavy-faced type are to LEADING ARTICLES; in italic
CASES. The figure in front of the colon refers in each instance to the v

Private interests
Right of master to lien on freight forinwages
claims against foreign
42:442 states 42:930-934
Shipping Act: recovery of underchargeResponsibility
by of th
carrier 45:1120 32:447-473
Warranty of seaworthiness, measure
- English and American practice compared o
damages for deviation because of 32:464-466
unsea-
worthiness 41:528 - French and German practice
32:467-470
Harter Act -personal liability of the Crown
Owner's failure to use due diligence to make 32:453-457
ship seaworthy as barring general aver-
- protection to public officers
age contribution for damages resulting 32:457-463
solely from negligent navigation 47:715
Right of a city to enjoin collection of a
state tax 42:I34
SITUS
Right of agent of
See Conflict of Laws, Taxation. Statute of Limitations 7:51
Rights of a sovereign capable of subro
SLANDER
tion 37:259
See Libel and Slander.
Russian soviet
SLAVES Sovereign colonies 34:837
State's right of priority against ins
Effect of emancipation on marriage
banks 42:442
9:223
SLEEPING-CAR COMPANIES Tort liability for
sovereign to act 22:615
See Carriers (Passengers: sleeping cars).
What constitutes recognition 42:959
SMUGGLING
See Customs Duties. Immunity
Action against corporation whose sole
SOVEREIGN stockholder is the state 36:739
Action against telegraph and telephone
See also Conflict of Laws, Constitutional
companies under federal control 33:322
Law, Federal Courts, History of Law,
Action by soldier to recover pay 34:87
International Law, Jurisprudence, States.
Action by trustee process against railway
In general owned by foreign sovereign 21:545
Administrative phases of state responsi- Actions against the property of sovereigns
bility 44:432-437 32:266-277
Common law immunity
Adverse possession: whether of sovereign may
sovereign and
thus acquire title 17:55 liability of agent compared with the
As beneficiary of a trust 42:814 Eleventh Amendment 21:527, 540
Authority in the modern state 32:979 Criminal liability of state executive
Compensation for property taken for coast 35:186
defense purposes 36:866 Distraint of sovereign's property 19:218
Compensation for property taken Execution
forof the
judgments against the prop-
defense of the realm 33:713, 735 erty of foreign states 44:963-967
Extent of immunity of foreign states
Crown's prerogative as part of common law
42:442 44:963-964
Immunity of consuls from process of state
Defenses of estoppel and contributory neg-
ligence in action by sovereign I5:737 courts 35:752, 763
Estoppel against sovereigns 19:126 Immunity of government
Government barred by laches from assert- erty from arrest I7:270, 348; 32:727;
ing maritime lien when rights of third 35:330, 337
parties intervene 41:248 Joinder of attorney-general whenever
Government of the British Empire rights 32:442
of the sovereign may be affected
Irish Constitution 43:1316-1323 34:335
Jurisdiction of a sovereign state Liability for tort in British civil law juris-
36:241-262 dictions 50:1259-1260
Limitations on the power of the sovereignLiability of sovereign to cou
36:495 II:551; I5:59
Power of deposed recognized government No subrogation to sovereign's immunity
to sue 41: I02 37:259
Prerogative Ownership of of stock by foreign
the Crowngovernment
tion as a matter of right 33:713, 735 as affecting amenability to suit 42:1078
Prescription among sovereign states Possibility of submission to decrees of in-
I7:346 ternational tribunals 32:825-834

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SOVEREIGN - SPECIFIC PERFORMANCE I95
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in pl
CASES. The figure in front of the colon refers in each instance to the volume.

Devolution
Statute of Limitations running against state of option holder's rights
sthgir s'redloh noitpo fo noituloveD

10:3I4; 12:569; I5:146 382-182 :I 3 31:281-283


Taxation of property of government owned Effect of defendants being execution-proof
foorp-noitucexe gnieb stnadnefed fo tceffE

corporation 36:737 872-572:I3 31:275-278


Taxation of property of the state
Enforcement against 36:738
intervening purchaser
resahcrup gninevretni tsniaga tnemecrofnE

Tort liability of sovereign 36:867;


who took 45:755
with notice of plaintiff's option
noitpo s'ffitnialp fo eciton htiw koot ohw

United States Court 3of6Claims


7,747 38:1ro0;
:62 26:747, 763
34:161-177
Failure of mandatory specific enforcement
tnemecrofne cificeps yrotadnam fo eruliaF

of arbitration agreements
Unrecognized foreign government as party 46:1258-1280
0821-8521:64 stnemeerga noitartibra fo

defendant 35:768 How far equity should relieve promisor


rosimorp eveiler dluohs ytiuqe raf woH

Waiver of immunity againstfrom suit


literal 38:530
performance 29:135-136
631-531:92 ecnamrofrep laretil tsniaga

Insolvency I8:454;
When engaged in commercial 31:275-278, 702-720;
enterprises ;027-207 ,872-572:I3 ;454:8i ycnevlosnI

33:429-430; 47: 1181-i82


35:335-337 28ri-i8ri:74 ;034-924:33
SPANISH LAW Mutuality as a basis of liability 37:I62
,26i :73 ytilibail fo sisab a sa ytilautuM

Mutuality of remedy: basis and scope of


Provisions of the Spanish Civil Code fo epocs dna sisab :ydemer fo ytilautuM

31:1089-1110 doctrine 16:72, 525; 31:271-275


572-172:i3 ;525 ,27:6i enirtcod

yb denimreted eb ot ecirp ta lles ot esimorP


Promise to sell at price to be determined by
SPECIFIC PERFORMANCE 335:05 resiarppa appraiser 50:533
Nature and scope Reasons for existence of
cificeps fo thgir fo ecnetsixe rof snosaeR

Affirmative contracts 17-07 :i ecnamrofrep performance i: 70-71


Negative contracts -eps rof eerced ni ytniatrec fo tnemeriuqeR Requirement of certainty in d
Consequences of right to specific per- 534334:33 ecnamrofrep cific cific performance 33:433-435
formance Requirement of completeness in case of
fo esac ni ssenetelpmoc fo tnemeriuqeR

Partial performance with compensation partially performed contract 36:726,


,627:63 tcartnoc demrofrep yllaitrap

Defenses i67 76i


Right of heir to get specific performance of
See also Adoption, Arbitration and Award,
fo ecnamrofrep cificeps teg ot rieh fo thgiR

Equitable Conversion, Equitable Servi- contracts to build 31:278-281


182-872:i3 dliub ot stcartnoc

tudes, Equity, Limitation of Actions, Right of joint vendee to conveyance to


ot ecnayevnoc ot eednev tnioj fo thgiR

i64:62 enola flesmih


Sales, Statute of Frauds, Vendor and himself alone 26:46I
Purchaser. Right of vendee of leasehold unab
-ne ot elbanu dlohesael fo eednev fo thgiR

force contract because of lack of


tnesnoc fo kcal fo esuaceb tcartnoc ecrof

of lessor to compel assignment of


ot esael fo tnemngissa lepmoc ot rossel fo

Nature and scope his nominee who had lessor's con


tnesnoc s'rossel dah ohw eenimon sih

In general i:355-380
969:34 43:969
Adequacy of legal remedy Rightin to contracts
relief on oralforcontract t
sale of land 18:625
a ekam ot tcartnoc laro no feiler ot thgiR

will where promise is in default


29I:03 tluafed ni si esimorp erehw lliw

Affirmative duties: difficulty of compelling


Specific performance as the gener
exact performance 1:355-358
ni elur lareneg eht sa ecnamrofrep cificepS

the law of contracts 46:26-33


33-62:64 stcartnoc fo wal eht

Affirmative mutuality -legislation


Specific performance in connection with
htiw noitcennoc ni ecnamrofrep cificepS

47:1037 48-46:33 pihsreviecer


receivership 33:64-84
Bequests, devises, or intestacies secured by
Specific performance in the Germa
wal namreG eht ni ecnamrofrep cificepS

oral or unattested written promises 4to71-561:22 22:165-174


apply for others some or all of the prop-Statutory arbitration awards contemplat-
-talpmetnoc sdrawa noitartibra yrotutatS

erty so obtained 28:251-269


Certainty necessary in contracts to mort-
ing specific performance 46:316-319
0_i3-6i3:64 ecnamrofrep cificeps gni

Statutory tinkering with specific perform-


-mrofrep cificeps htiw gnireknit yrotutatS

gage 22:309
ance 47:1036-Io44
44Oz-6301:74 ecna

Commercial arbitration
Testamentary directions to
-me ot eetsurt ot snoitcerid yratnematseT

Compensation ploy in a
damages: as
designated perso
tary relief for delay i:358-360
727-907:I4 nosrep detangised a yolp

True nature of relief: specif


noitaraper cificeps :feiler fo erutan eurT

Conditional decree in specific enforcement


853,653-553:i I:355-356, 35
of contract for continuous performance
Uncertainty in contract to c
deificeps yevnoc ot tcartnoc ni ytniatrecnU

33:436 amount of land to be selec


rodnev yb detceles eb ot dnal fo tnuoma

Contract running with a busi-


ness 31:II63
543:53 tcart regral morf
from larger tract 35:345
Vendee's right to specific performance of
fo ecnamrofrep cificeps ot thgir s'eedneV

Contracts for contract joint, mutual,


to convey land when vendor has
sah rodnev nehw dnal yevnoc ot tcartnoc

mutual wills 28:246-251


failed to
Contracts to bequeath or to devise or to diedeclare forfeiture before per-
-rep erofeb erutiefrof eralced ot deliaf

intestate 28:241-245
345:22 eud si mih yb ecnamrof
formance by him is due 22:543
Waiver ofcontract
covenant by party benefiting
gnitifeneb ytrap yb tnanevoc fo reviaW

Denial of specific performance of


9IO,:04 ybereht
to reduce an agreement to writing
thereby 40:1019
30:193 Affirmative contracts
stcarnoevitmrfA

Developments - I887-1936 50:172-175 Agreement in contract of sale


otni retne ot elas fo tcartnoc ni tnemeergA

Developments in the law - 933


47:r 8r-r2oo
534:82 tnanevoc evitcirtser
restrictive covenant 28:435
-noc fo ecnamrofrep gniriuqer tnemeergA
Agreement requiring performance of con-

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592 SPECIFIC PERFORMANCE
References in heavy-faced type are to LEADING ARTICLES; in italics t
CASES. The figure in front of the colon refers in each instance to the volu

tinuous acts 6:157; 7:53; I5:I54; Enforcement by assignee of cont


16:293 convey land to alien 21:363
Agreement to arbitrate in another state Enforcement by negative injunction
47:I055 general 6:157; 7:53; 8:172; 12:131;
Agreement to maintain railroad station 15:480; 16:72
i6:293; 29:552 - mutuality of remedy 16:72
Agreement to make devise in consideration Enforcement of a contract calling for af
of support 14:544 firmative action outside the jurisdictio
Agreement to name as beneficiary in35:612 in-
surance policy 16:67 Enforcement of contract to exercise power
Alternative contracts 14:613 of appointment 30:40I
Building contracts 3I:278-281 Enjoining breach of affirmative
-when enforceable 15:154; 16:293 I:355-358; 8:227
Compelling reinstatement of discharged
Installment contracts 33:430;
employee - decisions of National Labor 47 :182-I183
Relations Board 48:652-653 Options I8:457; 3I:281-283;
Compelling vendor to convey land after 33:950-951
termination of pending suit in ejectment
Ordering payment of installments due o
21:372 upon contingency 47:1441
Construction contracts 33:432 Patents: agreement to assign future i
Contract for sale of expectant estate provement 19:542
24:4IO Performance of affirmative contracts
Contract to adopt 32:854 for and against strangers
Contract to adopt and devise 37:504 17:174-176
Contract to assign patents 36:468 Personal service: enforced by negative de-
Contract to devise in consideration of per-cree 33:437-440
sonal services 33:480 Promises to convey up
Contract to make joint will: suit by bene-
promises to keep off
ficiary 32:296 27:648-65
Contract to maintain telegraph
Public line on
service company
road right of wayservice
assignable
which with tr
proves
fer of the railroad 31:1163 32:439
Contract to make mutual wills 25:571; Right of purchaser to specific performance
38:696 when land has been placed in hands of a
Contract to renew lease at rental to be de- receiver 33:68-73
termined by stipulated method which Right of vendor to sp
failed 36:726, 761 ance when vendee's pr
Contract to sell goods to plaintiff
placed in hands of aenforced
receiver
by injunction against selling to anyone 33:73-75
else 33:441 Separation agreements between husband
Contracts for and controlling
wife 15:641-656 in
poration 49:122-128 Single contract for sale of r
Contracts for sale of stock 2:153-154; sonalty 15:318
33:430-432 Supervision by cour
Contracts involving continuous perform- preventing jurisdiction 6:157; 7:53;
ance 33:435-437; 47:1184-1185 I5:154
Contracts of personal service Tests of affirmative contracts i:386-387
8: 172, 357 Vendor and purchaser: obligations of
Contracts to lend money 33:432; assignee of bilateral contract
47: I83-1184 42:943
Contracts which defendant could not en- Want of analogy between affirmative an
force against plaintiff 23:294, 310 negative contract i:383-386
Cooperative marketing agreements Who may enforce: heir or executor
37:I45, 162 31:278-283
Denial of relief on contract to devise be- Negative contracts
cause promisee predeceased promisor Agreements to suspend a right of action
49:I380 50:467-472
Effect of presumption of death upon ven-Analogy between negative contracts a
dor's title 21:374 affirmative torts I:381-383
Effect of the presumption Contractof notdeath without
to practise certain
issue upon vendor's title 21:374 dentistry 22:145
Effect of provision for penalty or liquidated
Contract to buy beer fro
damages 43:1313 27:495
Employees' contracts Contracts
to embarrassing
assign government in
invention
to employer 4o:1000-1003 prosecution of war 32:433

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SPECIFIC PERFORMANCE 593
References in heavy-faced type are to LEADING ARTICLES; in italics t
CASES. The figure in front of the colon refers in each instance to the volu

Contracts of exclusive agency eral I:373-380; 9:111-125; 15:733;


47:II85-1r87 23:476, 490; 3I:283-287
Contracts for personal service Suit by seller for specific performance
33:437-440 31:271-275
Contracts not to compete 33:440-441; Who may exercise option to have specific
47:rr87-xi89 performance: heir or executor
Contracts " reserving " baseball players 3I:281-283
3:329; 16:72
Covenant against assignment in lease
Partial performance with compensation
15:748
Compensation for misdescriptions at auc-
Employee's contract not to compete after
tion sale I4:545
a term of employment 41:782-786 Contract to sell land
Enjoining breach of negative contract
i6:215 title 14:158
Negative covenants in affirmative con- Creation of dower right in stranger
apart from seisin of the husband
tracts: in general 8:172, 357; 12:131;
28:717
15:480; I9:476
-implied covenants I5:480; 19:476 Lien on land for amount not yet payable
- unique personal service 32:176 47:z193
Refusal
Performance of negative contracts for and of wife to join in deed to com-
against strangers 7:176-185 munity property 35:888
Refusal of wife to release inchoate r
Specific performance by injunction
47:1o40
dower 25:731, 743; 47:1193-1194
Tests of negative contracts x:386-387 Specific performance with compensation:
Want of analogy between affirmative and theory of modern cases 40:476-48r
negative contracts :383-386 Defenses
Aesthetic considerations as basis for denial
Consequences of right to specific perform- 47:141
ance
Clean hands: application of the maxim to
Contract of purchase as equitable owner-
baseball contracts 28:213
ship: in general i:374-380; 9:111-125;
Compelling vendor to convey land a
I5:733; 31:283-287 termination of pending suit in ejectm
- criticism of doctrine i:377-378; 21:372
9:111-125 Concealment of real vendee as defense
Contract of sale: whether vendor still i7:499
" unconditional owner" 14:157 Considerations in promises under seal
Contract to adopt 49:644 33:834-837
Contract to bequeath estate,Contract
whether in violation of rule against per-
creating equity on death of contractor
petuities 20:240
19:473 Defendant could not have
Effect of option to purchase 39:795 against plaintiff 23:294, 310
Equitable conversion- developments in Effect of defendants being execution-proof
the law- 1933 47:Xr9z-1192 31:271-278
Equitable conversion of property to be sold of the presumption of death upon the
Effect
after the termination of a particular
vendor's title 21:374; 27:768
estate 21:288 Effect of presumption of death without
Law governing the descent
issue upon of ven
vendor's title 21:374
terest in a contract for
Effect of receivership uponthe sale
specific per-
4I:795 formance 33:64-84
Lessee with option of purchase: right to
Effect of zoning restrictions u
insurance proceeds 10:I91 ability of title 47:1r92-r193
May heir get specific performance Effectofon avendor's title of presumption that
contract to build 3I:278-281 a woman of advanced years is incapable
Option to purchase: effect of optionof to child-bearing 27:286
purchase 25:480 Enforcement by assignee of contract to
-right of personal representative
vey land to alien of
21:363
vendor to purchase money
Fraud of a third23:70;
party 35:208
27:79, 97 Hardship 36:231
Proceeds of sale of land by court descend Hardship and unclean h
as personalty 22:415 for denying specific p
Right of vendee not in possession of per-
contracts made prior t
sonaIty to lien after rescission 50:138
NIRA 47: 17
Risk of loss between contractHardship
and convey-
and unfairness 33:954;
ance 49:497 47:1197-1198
Risk of loss in Hardship
executory contrac
in specific enforcement of em-

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594 SPECIFIC PERFORMANCE -STATES
References in heavy-faced type are to LEADING ARTICLES; in italics to NoT
CASES. The figure in front of the colon refers in each instance to the volume.

Conflict between two co-ordin


ployees' contracts to assign inventions
40:1000-1003 same state on constitutiona
Hardship on innocent third party in con- 29:780
tract to adopt and devise 37:504 Decline of the doctrine I8:3r8
Inadequacy of consideration as a defenseEffect of overruled and overruling dec
I5:318, 74I; 27:288; 33:480 on intervening transactions
Incompleteness 36:726, 76i 47:1403-1413
Lack of mutuality 39:785 -application where a contract has been
made in reliance upon a prior decision
-agreement to support infant plaintiff
46:724 34:75
-in New York 36:229 - decision inconsistent with preceding de-
-legislation 47I1039 cisions of the court as impairing the obli-
Lack of mutuality of remedy gation of20:57,
contracts71,
22:182-189
575; 24:245; 3I:271-275; 34:336
-protection from acts done under a de-
Marketable title 22:529, cision 544;subsequently
33:929-933 overruled
-all claimants not before court 37:422428; 4I:678
33:929-931 Extent of the doctrine 34:74, 93
- title gained by adverse possession Flexibility of the doctrine 37:409415
33:929-933 Judgments in tax cases 46:694
Mistake 16: 43 Law of the case 42:939
Mutuality 33:955; 37:I45, 162 Modified and overruled decisions of the
-in New York 37:I62 Supreme Court 46:361-403, 593-637,
- of remedy and of performance 795-811
47:1198-1200 Overruling of a prior decision in the same
in contract to lend money 33:432 case 34:76
Plaintiff's default or laches 33:950-954; Rule and disc
47: r94-1r97 justice as ap
Mr. Justice Robinson 33:972
Plaintiff's delay where time is expressly of
the essence 29:791 Rule that the last judicial pronounceme
Public service company need was not carry
the law outbeginning, as pa
from the
contract requiring the furnishing of the doctrine of stare decisis
of serv-
ice at less than cost 32:76, 88 37:429-430
Uncertainty: agreement to assume mort-
Stare decisis and stare dictis 47:196
gage 40:IO19 Stare decisis and the search for issues--a
Waste as defense
critique ofto action
"trial by combat" by
force option to purchase
47:922-925
STATES
SPENDTHRIFT TRUSTS In general
See Future Interests, Trusts. Organization
Relation to federal government
STARE DECISIS Relation to other states
See also Constitutional Law (Vested rights),
Immunity
Jurisprudence (System of Law) (Sources
Property
of Law). See also Bankruptcy, Conflict of Laws,
Application in cases of constitutional Constitutional
con- Law, Courts, Federal
struction 37:420-421 Courts, Interstate Commerce, Municipal
Application in courts of last Corporations,
resort Public Officers, Sovereign,
37:409-430Taxation, Waters.
Application in criminal cases 37:418-419
Application in matters of Inprocedure
general
37:388, 420
Action by political party as state action
Application to interpretationswithin Fourteenth and
of phrases in Fifteenth Amend-
wills 49:904, 932 ments 46:8r2-8r8
Application where contracts or rules of Bond issue to provid
trade are involved 37:415-416 versity as not creati
Application where matters of contract orunder constitution
property are not involved 34:75 Capacity in which a
Application where no vested rights are in- mercial enterprises 35:336
volved 37:416-417 - state liquor monopoly as exercise of
Application where the ernmental
status of property
or proprietary is
function
involved 37:414-416 47:321-325
Authority of precedents in British
Capacity tocivil law
be beneficiary of a trust
jurisdictions 50:1262 42:814
Conclusiveness of Supreme Court's
Extrastate hold-
enforcement of penal and gov-
ing on lower federal court 46:859
ernmental claims 46:193-226

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STATES 595
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Government corporations 48:775-796 Execution on judgment of federal court


How far the English common law has been when state is defendant 3I:227-245
adopted in the states 24:6-30 Federal and state court interference
Power over choice of presidential electors 43:345-378
47:527 Federal co6peration in criminal law en-
Priority of state deposits in bank insolv-forcement 48:489-498
encies 47:841-846 Federal courts and state regula
Proposed amendment lic ofutilities
judiciary 43:379-425 article
of Texas constitution 32:444 Federal injunctions against stat
Right to intervene in foreclosure of administration
rail- of Judicial Cod
road mortgage 38:694 47:795-826
Socialist movement in the western -enjoining states state officer from en
33:401-409constitutional state statute 2
State and municipal excursions into power
Federal business
of eminent domain
enterprise as public purposes under the
property devoted to a public
taxing power 41:775-779 Federal tax as interfering with
State as trustee of industrial insurance fund
power 49:650
collected from employers 47:888 Federal taxing po
-of land granted to it for educational lishing a unified
purposes 33:412-419 46:143-
Statute abolishing states' rights Grant of school l
to priority
46:330 a contract 33:409-414
Use of school funds by western Jurisdiction of for
states federal courts o
state industrial enterprises which a state is defendant
33:414-416
Visitatorial jurisdiction over corporations
Jurisdiction of state court to d
in equity 49:369-395 son held by state officer un
What are public uses within power authority
of state 40:320
to appropriate money 38:519 Jurisdiction over crime
What are public uses within taxing powerrailroad right of way with
of state 33:405-409 ervation 43:659
Liability of bank conver
Organization
a national
Executive power, distribution bank, unde
of: general
discussion 19:524 fund act 43:313
Necessary effect of fede
Must legislature submit question of ratifi-
an invasion
cation of federal amendment of province
to refer-
sively to the states 32:56-67
endum 33:287, 312 Power of federal government to author
State senate not continuous body within
state courts to take jurisdiction of feder
state constitution 8: 117 crimes 38:545
Relation to Federal Government Power of federal g
Adjustment of sources of taxation between jurisdiction and dut
state and nation 47:503-504, o50-510 38:552-553,
Applicability to federal farm loan associa- Power of state over
tion in state court of federal rule as to 32:689-7
ultra vires contracts 49:653 Power to dissolve
Arrest by state officer for federal crime property is in the
42:828 ceiver 2I:279, 293
Concurrent jurisdiction of state and United
Priority of the United State
States to punish sedition 33:II0 and in equity receiversh
Conflicting federal and state jurisdictions in Right to enforce state high
equity receiverships 41:70-74 against persons in milita
-suggested solution 41:73-74 United States 32:81
State determination of stat
Constitutionality of state statute forbidding
the establishment of branch banks asJudicial
ap- Code 4I:623-642
plied to national banks 37:899, State 907 jurisdiction over federal la
Constitutionality of state statute making 31:1164
it a misdemeanor for any one of draftState
age power over intrastate railr
and not in army to refuse to work during federal control 32:299-314
33:i0o8 State statutes: whether superseded by Fed-
Discrimination against causes of action aris-
eral Employers' Liability Act of I908
ing under federal statutes in sister states 29:439, 459
48:125 State statutes to railway securities issued
Eighty per cent federal inheritance during
tax federal control 32:709
credit for state death duties Suit in federal court against a state high-
47:1249-1251 way commission 41: 065

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596 STATES -STATUTE OF FRAUDS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plai
CASES. The figure in front of the colon refers in each instance to the volume.

Use of the federal injunction in constitu-


Inroads upon municipal immunit
tional litigation 43:426-457 46:305-308
Liability of public educational corporation
Relation to other states to student for negligence 47:524
Liability of states for torts committed in
Acquisition by one state of territory of an-
the course of public work 30:20-38
other by prescription 17:346; 23:555,
Sovereign immunity in suits to enjoin en-
56i
forcement of unconstitutional legislation
Effect of concurrent jurisdiction over
50:956-963
boundary rivers 22:599, 615; 23:3I3;
Suability of a state highway commission
36:247-257
44:474
Exclusion of foreign corporation: general
Suit against state dispensary commission as
discussion of power of state and limita-
tions thereon I9:291 suit against a state 22:289, 305
Suit against state officer not necessarily one
Execution of interstate projects by coopera-
against the state 3:1I036
tion of existing commissions or creation
Title gained from state by advers
of a new common one 39:500
sion 10:3I4; 12:569; 15:r46
Interstate compacts 39:499
Whether immunity from execution is
- as a means of settling disputes between
waived by waiver of immunity from suit
states 35:322
36:623
Interstate rivers: right to enjoi
Property
8:138-160; I9:216
Crown's prerogative as part of common law
- law governing rights of sta
42:442
144
Escheat to state as subject to inheritance
Law governing state's right to
tax 48:129
against individual for
Nature of state's title nuisanc
to relicted bed of a
mitted in another state 21:132, 144
navigable lake 40:140
Position of state boundary on navigable
Power of legislature to author
river 21:223
of fisheries 46:I65
Power to compel Remedies acts in of
of a state for breaches another
federal
consent implied laws onthrough
watercourses 35:173-178 enter
Union 2I:354,365 State right to priority I9:292; 26:92
Power to forbid water from streams to be
- priority of state claims in bankruptcy re-
carried outside state in pipes 21:627 organization 49: 177-z178
Right of one state to condemn another
-right of priority against insolvent
state's water supply 2I:25-28, 30-31
42:442
Statutory relief in extraterritorial tax col-
- state's priority in assets of insolvent de-
lection 48:828-835
pository: waiver by depository statute
Suit by one state against another on bonds
40:322
donated by citizen 17:483 State socialism and the school land grants
Virginia v. West Virginia case 31:236-245
What are controversies between states 33:401-419
State's right to land by escheat as ground
I5:67; I7:483
for contesting will 21:452
What law governs controversies between
Validity of negotiable state bond sto
states 19:606
after redemption and before matu
and improperly not cancelled 21:28
Immunity 294
Administrative phases of state responsibility STATUTE OF FRAUDS
In general
44:432-437
Counterclaims against a sovereign 36:871 Agreements in consideration of marriage
Eleventh Amendment as applied to suits Promise to answer for the debt, default
against state officers 21:527, 540 or miscarriage of another
Estoppel against states: general discussionContracts not to be performed within one
I9:126 year
Extent of immunity of foreign states Interest in lands
44:963-964 Sale of goods, wares, and merchandise
- execution of judgments against the prop- Trusts
erty of foreign states 44:963-967 Memorandum
-immunity from suit in courts of sister Part performance
state 38:989 Operation and effect
- suability by foreign Pleading sovereign i
Court 48:I37 See also Constructive Trusts, Contracts,
Government liability in tort 38:995 Equitable Servitudes, Licenses, Quasi
- liability of a state engaged in commercial Contracts, Sales, Specific Performance,
enterprises 35:335, 346 Trusts, Vendor and Purchaser, Wills.

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STATUTE OF FRAUDS 597
References in heavy-faced type are to LEADING ARTICLES; in
CASES. The figure in front of the colon refers in each instance to

In general Agreement to sign draft contrac


Admissibility of unenforceable
to oral contract
10:311
to show value of performance in a suit on
Agreements
quantum meruit 40:648 13:455-
Annual
As substance or procedure in conflict ofcrops
laws 8:374-375
47:316-3I7, 320-321 Application to equitable servit
Binding on courts of equity as well as on 33:817
courts of law 38:968 Articles attached to freehold 8:375-376
Date and authorship 26:329-346 Complete performance on one side in pur-
History of surrender by operation of lawsuance of oral contract I5:I57
38:70-74 Contract to devise land in return for serv-
Whether transaction between stockbroker ices to be rendered during owner's life
and customer is one of agency or sale 33:946-949
45:739 Effect of possession, improvement, and part
payment 37:394
Agreements in consideration of marriage Element of intent in
Agreement to cancel debt 19:58 tion of law of a lease 38:64-86
Equitable servitude 38:969
Post-nuptial settlement: rights of creditors
11:417; 12:219; 15:239 Growing trees 7:54; 8:367-376; 13:2
Memorandum in bill for specific perf
Promises to answer for the debt, default or
ance 11:415
miscarriage of another Oral agreeme
Anomalous endorsement 9:356 10:451
Consideration moving directly to promisor
Oral agreement to buy land as agent
4:290; 13:695; I4:39I; 15:78; 23:136, 42:937
152; 34:440 Oral contract to convey land 39:66I
Contracts of indemnity and the StatuteOral
of contract to procure mortgagee of land
Frauds 41:689-708 33:735
Oral contract of stockholder Oral contracts toto
leavepay debt
property by willof
corporation not binding 24:5o6 33:933-935
Possibility of equitable novation taking--contract to execute mutual devises
agreement out of statute 39:401 39:663
Recital of guaranty in will, sufficient mem- Oral waiver of condition in written contract
orandum 7:54 34:93
When surety's promise is within
Parol extinguishment statute
of trusts in land
23: 36, I52 42:849-865
--express trusts in land-disclaimer
Contracts not to be performed within one 42:850
year - express trusts in land-surrender
Denial of specific performance of contract 42:849-850
to reduce an agreement to writing - oral authorization by beneficiary to sell
30:193 land 42:860-864
Equitable servitudes 38:970 --resulting trusts in land 42:852-854
Parol partition
Express contract or measure of recovery in acted upon 4:190
quasi contract 14:467 Parol rescission of contract for sale of land
Horse to be " kept for a year " 12:280 31:804; 39:889; 39:776
Marriage contract 14:63 Parol surrender of final year of lease to take
Option to terminate 16:378 effect in futuro 28:436
Oral agreement restricting employee from
Post-nuptial settlement: oral agreem
void or voidable 11:417; 12:219
engaging in same business in same locality
for three years 24:160 Promises partly within and partly without
Possibility of completion within a year the statute 16:146
12:280; 15:154 Resulting trust in accordanc
"So long as he may need it" 10:452 agreement for greater share
Whether provision applies to contracts than for share of price pai
sale of goods 24:161 Revocation of parol license t
phone line across land after
Interest in lands
been acted on 22:384
Action on false promissory representations
Specific performance of an oral cont
50:694 convey lands 38:524
Admissibility of parol evidence to show
Statute a
of Frauds and oral agree
conveyance to have been gratuitous
mortgage land 44:269-273
37:655 Validity of oral agreement to pay for im-
Agreement to share profits from purchase
provements to land 32:581
and sale of land 40:914 Waiver of condition in a lease: oral agree-

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598 STATUTE OF ;FRAUDS

References in heavy-faced type are to LEADING ARTICLES; in italics to NoTES; and in pla
CASES. The figure in front of the colon refers in each instance to the volume.

Oral trust: effect of subsequent m


ment to revive term made after re-entry
for non-payment of rent 42:132 dum as against creditors of trust
Whether abandonment of easement violates 33:692
Statute of Frauds 38:523 -void or unenforceable I4:I56; 33:692
Whether consent of cestui toResulting
transfertrustsby
upon purchase of land in
trustee must be in writing i8:53 name of another 40:669-711
Year to year tenancies 6:385 Secret trust in will I3:520
- Iowa Statute of Frauds II:482
Trusts arising by operation of law 7:3
Sales of goods, wares, and merchandise
" Acceptance" 6: 152
Annual crops 8:374-375 Memorandum
Articles attached to freehold 8:375-376
Agreement to sign existing draft contract
Changes in Uniform Sales Act as to valuereferred to 10:3II
of goods above which statute applies Auction sales I2:275
34:741 Incorporations by reference 6:337;
Choses in action 16:602 9:477
Contract for goods to be Indorsement
manufactured 9:356
13:225; 23:489 Memorandum in bill for
Contract of exchange 12:65 ance II:4I5
Contract to establish credit by cable Post-nupti
trans-
fer 35:772 contract 15:239
Contract to sell -intervening
goods to conve
be
by third person and not I5:496
re
34:741-742; 36:III Recital of guaranty in will 7:54
Early construction of the statute Signed by defendant only 27:397
35:802-803 Terms of an oral contract to sell a house
Effect of part payment on a single contract set forth in pleading signed by counsel as
to sell land and personalty 33:736 sufficient memorandum 34:336
Effect of Sales of Goods Act 8:112 Undelivered deed as memorandum 18:626
Effect upon written contract of-undelivered
an unen- deed not reciting the parol
forceable oral contract of rescission contract 26:276
Validity
40:327 of oral pr
Expenditure of labor, skill or money 6:316 deed is eventuall
Goods in possession of vendee at time of months of bankruptcy 42:835
sale 99:79I
Iowa statute qualifying ? I7 6:316 Part performance
Mortgage as " goods, wares and merchan- Acceptance of rent as ratification of lease
dise" 7:124 made by agent 25:196
Office in corporation Action in reliance as upon" oral pr
goo
merchandise" 38:529 force restrictions on dominant tenement
Payment by check 3I:66I 33:1I2
Sale of money as a commodity 34:742 Acts necessary to take oral agreement re
Satisfaction of statute by assumption of specting use of land out of operation o
statute 38:969
control of business in contract for sale
of stock 38:529 Agreement to acqu
Satisfaction of statute by retention 42:936
by ven
dee of goods alreadyCheck
in his as part per
possession
22:233 33:870; 3
Seller as agent of buyer to receive goods Delivery on Sunday 12:65
34:742-743 Effect of involuntary performa
Standing trees 8:367-376; I3:225 Effect of laches or Statute of Limitations
33:953-954
Trusts Effect of mailing check according to agree-
Constructive trusts based on promises made ment 21:222
Effect
to secure bequests, devises, or intestate of pa
succession 28:237-269 favor 36:1o37
Conveyance by trustee Effect under trust of unen-
part paym
forceable by the statute 13:6o8 to sell land and personalty 33:736
Effect of possession, improvements, and
Conveyance inter vivos upon oral trust:
part payment on oral contract to convey
whether enforceable by cestui after set-
tlor's death I9:466 37:394
Effect of statute in preventing Equitable fraud
proof33:943-944
of oral
Execution
trust in conveyance of land 37:666-670 of mutual wills 25:571
Extinguishment of trust Historical
in landbasis and growth of doctrine
required to
be in writing 33:691-692 33:935-944

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STATUTE OF FRAUDS -STATUTES 599
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; a
CASES. The figure in front of the colon refers in each instance to the volume.

Pleading
Indorsement of credit upon a note 37:920
Judicial repeal of the Statute of Frauds
Affirmative or negative
9:4655-463 Oral agreement as defense
Marriage as part performance io:6o 10:45I
Oral contract to devise land to third per-
STATUTE OF LIMITATIONS
son who takes possession 34:791 See Limitation of Actions.
Oral contracts to devise land in return for
services to be rendered during owner's life
STATUTES
30:92; 33:946-949
Parol agreement for change of location of In general
easement 33:I 7 Impeachment of statutes
Construction
Parol agreement for easement 36:490
Parol gifts of land acted upon 33:949-950 Early English statutes
- effect of improvements made after death See also Admiralty, Bankruptcy, Bills and
of donor 42:284 Notes, Conflict of Laws, Constitutional
Parol licenses acted Law, upon Death by Wrongful Act,
13:54; Employ-
15:321
Parol partition of lands ers' Liability
acted Acts, Federal
upon Courts, In-
4:I90; 23:489 come Taxes, Interstate Commerce, Legis-
Part performance distinguished from fraud lation, Partnership, Public Utilities, Sales,
as a ground for taking case out of statute States, War, Wills, Workmen's Compen-
sation Acts.
33:937-939
Part performance without change of pos-
session I8:z37 In general
Payment of money Advantages and defects of31:312;
5:411; statute law 36
Personal services: in general48:183-186 9:466-4
II:64 Attitude of common law courts toward
-entire performance on one side statute law 50:12-19
9:459-461 Codes and classification 44:792-794
-under agreement to devise lands Codes and the arrangement of law
16:451; 24:410 44:725-737
Possession as ground 33:942-943 Common law as limitation of legislative
Recent decisions 33:945-950 power 2I:396-403; 40:30-70
Recovery in quasi contract for services ren-
Conclusiveness of legislative declaration
dered by plaintiff who is in default un-
emergency 47:360
der a contract unenforceable by theDrafting
Stat- amendatory sta
ute of Frauds 21:544 43:1143-1147
Repudiation of contract before action Effect of court's declaring governor's veto
upon it 20:335 unconstitutional 41:407
Retention of possession 25:480 Effect of statute legalizing contract pr
Specific performance: after entry and pay- ously prohibited 46:1340
ment I3:410 Emergency legislation and time when sta
-after part performance 14:388; utes take effect 44:851-855
Form of amendatory statutes 43:482-485
15:659
What acts are sufficient 14:64; 15:659;International law as limitation on legisla-
3I:3I2 tive power 2I:394-396
Operation and effect 33 Natural law as limitation of
Consideration valueless in part 12:424
power 21:390-393; 40:30-70
Equity and the Statute of Frauds Plea for better publication of executiv
28:237-238 legislation 48:198215
Promise of future action as estopping prom-Possibility of liberal construc
isor to rely on Statute of Fraudsutes in common law system
Scope of statute law and ex
44:147
Recovery for loss of unenforcible resale
legislature's participation in
contract 37: I36 44:976-979
Reformation for mistake of written
Statutes instru-
too vague for enforc
ment based on oral contract 19:290
44:1139
Reformation of memorandum of oral
Validity of legislation beyondcon-
scope pre-
tract within the Statute
scribedof Frauds
by governor in special session
44:866 46:725
Subsequent oral modification of written
Impeachment of statutes
contract 15:587 Impeachment by legislative journals and
Validity of contract in which one of sev-
other evidence 6:o04; 7:I86, 311;
eral acts promised by one party is 11:267;
o1:380; un- 13:52
enforceable under Statute of Frauds
Inadmissibility of house journals 34:93
21:549Reading and reconsideration 25:480

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6oo STATUTES

References in heavy-faced type are to LEADING ARTCLES; in italics to NoTEs; and in p


CASES. The figure in front of the colon refers in each instance to the volume.

Construction Interpretation from reason of statu


In general 43:863-893 than words 33:711, 735
Administrative interpretationJudicial
of taxinterpretation
statute of penal s
47:312-313 50o:637-638
Legislative materials to aid statutory in-
Advantages of strict and liberal construc-
tion 2I:385-390, 403-407 terpretation 50:822-826
Analytical, historical, and equitable- resort to extrinsic evidence in civil and
meth-
ods of interpretation 33:587 in Anglo-American law 48:558-562
Antiquated and progressive statutes -statements of legislative chairman and
48:1045 debates 45:1266
Application of common law defenses to
Literal interpretation
statutory crimes 46:848 intention--distinction between curtail-
Benefit of statute; whether applying to scope of statute 46:529
ing and enlarging
persons outside territorial jurisdiction
May state court change its former con-
19:215 struction of a statute in order to render
Blanket repeal clauses 45:364-369 it constitutional 39:377, 387
Bulk sales statutes 33:717, 731 Mechanic's lien laws: liberal construction of
Circumstances affecting construction of Re- I11:467
vised Statutes 3:81-83 Notes on the Statute of Westminster, I93I
Clause in Workmen's Compensation 46:261-289 Act
excluding other remedies 29:227 Operation to detriment of those protected
Conflicting clauses 20:155 9:285
Construction of state statutes by
Penal federal
statute not expressly requiring guilty
courts 37:1129 mind 20:648
Construction of a statute adopted
Preparatory fr
wor
other jurisdiction 43:623-628 treaties 48:549-591
Construction with reference to English con-
Preserving the inviolabi
stitutional history 37:505 flict of laws by statuto
Contributory negligence: whether allowed 49:3I9-323
as defense to action on statute Procedure under penal statutes 27:77, 38
25:463, 471 Refusal to disturb local court's construction
Criminal statutes and tort liability of Porto Rican statute unless inescapably
46:453-477 wrong 36:890
Debates in legislature as aids I3:52 Relation of enact
Declaratory legislation 49:137-143 fourteenth century 37:524
Doctrine of the equity of a statute Repeal of statutes 45:364-369
50:848-849 -by implication 7:438
Effect of clause saving only pending actions Resolutions in Heydon's Case 47:798
when there is a general saving statute Statute creating new right: whether statu-
21:223, 545 tory remedy exclusive 29:93, I02
Effect of prior repealed statute on sameStatute extending periods of limitation to
subject 33:615 be construed as prospective only 38:836
Effect of special Statute saving clause
giving separate on
rights to gen
married
saving statute 20:502 woman construed strictly 17:282
Effect on act previously amended I8:233
Statute unconstitutional in part 20:495;
Elimination of obsolete statutes 3I:309
43:1302-1306 -effect of separability clauses
Enforcement of statutory duties when no 40:626-630
remedy is provided 38:377-378 Statutory abrogation of rule of strict con-
Enlarging scope of one statute to conform struction of penal statutes 48:752-756,
with policy of another statute 35:888 769-770
Exclusiveness of statutory remedy 33:117-digest of statutes 48:771-774
Exemption clauses: liberal construction ofStrict or liberal construction of penal s
21:213 utes 48:748-774
Functions of judge and jury in interpreta-
Supreme Court's us
tion of statutes 46:1086-1110 tices of Interstate Commerce Commission
as aid toin-
History of interpretation of legislative construction 46: oo6-iozi
tent in fourteenth century Tax
37:523
statutes 48:1033-1035
How far intention of legislature is re-
Technique to be applied in const
garded 6:IO5;27: 38-39,320 Canal Zone civil code 38:502
Inconsistency of common law rules of in-of legal contemplation of statut
Theory
terpretation 49:435-436 I2:419
Indefinite criteria of definiteness in statutes
Uniform state laws 29:541, 561
45:160-164Uniform statutes as primary element of

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STATUTES-- STREET RAILWAYS 6oi
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain ty
CASES. The figure in front of the colon refers in each instance to the volume.

commercial law - need of analogical ex-


Advertising on the outside of omnibuses
sesubinmo fo edistuo eht no gnisitrevdA

tension in interpretation 5: 1328-1330 held ultra vires 21:445; 22:379


973:22 ;544:I2 seriv artlu dleh

Use of declaratory judgment in construing Authority of municipality to give franchis


esihcnarf evig ot ytilapicinum fo ytirohtuA

statutes 43:1291 for electric railway 4:246-249


942-642:4 yawliar cirtcele rof

Use of Tariff Commission Condemnation-valuation


report when
noitarepo nehw noitaulav-noitanmednoC
operatio
in inter-
preting Presidential 792-492:84 elbatiforpnu proclamation
unprofitable 48:294-29750:837
War legislation in the United
Equitable reliefStatesagainst passage
-um a fo egassap tsniaga feiler elbatiuqE

31:692-701 nicipal resolution involving a fo


erutiefrof a gnivlovni noituloser lapicin

Weight to be given 233:43 sesihcnar f foby court to 34:332


of franchises executive
construction of aGrant statute of exclusive 40:469-472 rights w
noitcetorp htiw sthgir evisulcxe fo tnarG

- acquiesced in by legislature from competition 33:576,


416 ,675:33 noititepmoc morf by non-ac614
tion 40:469 Permit by municipal corporation to build
dliub ot noitaroproc lapicinum yb timreP

- acquiesced in by a privatelegislature
spur track from the street b
teerts eht morf kcart rups etavirp a

ment without change 40:471 122:I2 21:221

Where regulations to be made by officials


Construction: in general
lareneg ni :noitcurtsnoC

are not made I3:6I Abutters' remedies against unlaw


-noc lufwalnu tsniaga seidemer 'srettubA

Whether statute changing procedure is ret-


roactive 29:875
ZQ_2:411 noitcurts
struction 14:291
- injunction I4:7I 17:4I noitcnujni -

Early English Statutes Crossing over steam r mohw yb :daorliar maets revo gnissorC

Abridgments: Pulton's
64:6i enrob esnepxe expense
Penal borne 16:146
Statutes
35:522, 530
- Rastell's Statutes 35:521, 530 Construction: abutters' right to
segamad ot thgir 'sret uba :noitcurtsnoC

- Session Laws 35:522, 531 Additional servitude: electric ra


syawliar cirtcele :edutivres lanoitiddA

-The Great Abridgment 35:521, ;7o5:8 ;513:6 ;362-652 ,052-529


942:4 4:249-250, 256-263; 6:315;
Collections: Magna Carta 35:519, 926,85:I2528 ;831 ,i6:2I i2:6I, 138; 21:58, 629
- Nova Statuta 35:519, 528 - elevated railways 4:70-73
37-07:4 syawliar detavele -

- The Collected Session Laws 35:521, 529 railways 4:251-253


- horse 352-152:4 syawliar esroh -

- The Great Book of Statutes 35:520, 528 on surface of street


-steam railway teerts fo ecafrus no yawliar maets-

- The Statutes 35:520, 529 834 ,45:7 ")552-352:4 4:253-255; 7:54, 438
- The Statutes at Large 35:521, Date529
as of which damages are assessable
elbassessa era segamad hcihw fo sa etaD

Effect of Act of 1495 upon poor


1 persons
8-08:4 4:80-81
proceedings 36:373 Easement of light, air, and access: com-
-moc :ssecca dna ,ria ,thgil fo tnemesaE

Session Laws: Richard III pensation to Elizabethfor injury 4:75-83


38-57:4 yrujni rof noitasnep

35:522-527,532-538
- existence of right 4:70-75; 6:50
05:6 ;57-07:4 thgir fo ecnetsixe -

STEAMSHIPS
Elements of damage 4:79-80
08-97:4 egamad fo stnemelE

See Admiralty, Carriers, Innkeepers. Elevated railways: discussion of New York


kroY weN fo noissucsid :syawliar detavelE

STOCK 38-07:4 sesac


cases 4:70-83
See Corporations, Gifts, Inheritance Taxes,
566:51 ;132:8 srettuba ni ton eeF
Fee not in abu
Taxation, Transfer of Stock. Interruption gnidda yb noitpircserp fo noitpurretnI

of
926:I2 Yawliar detavele ot kcart driht
third track to e
STOCK EXCHANGE yrtnuoc ni syawliar cirtcele nabruretnI
Interurban electr
Laws and customs governing transactions
66:71 sdaor
roads 17:66
8:435-456 -moc ot sthgir :dnal fo eessel dna rosseL
Lessor and lessee
Legislation affecting commodity and stock 97-87:4 noitasnep pensation 4:78-79
exchanges 45:912-925 Person entitled under attemp
ecnareves detpmetta rednu deltitne nosreP

Seat in stock exchange: as assets of


in easements
bank- 20:136, I49 94I ,631:02 stnemesae fo

ruptcy I6:447 38-18:4 edam woh :egamad fo foorP


Proof of damage: how made 4:81-8
- as subject of property I6:70 -liar fo noitelpmoc retfa dnal fo resahcruP

Purchaser of land after completion of rail


-taxable at domicil of owner 34:
v3r:o. v
302:5 ;77-57:4 yaw
way 4:75-77; 5:203
Reservation of easements in g
STOPPAGE IN TRANSITU
-mod fo stnarg ni stnemesae fo noitavreseR

See Carriers, Sales.


694:02 stnemenet tnani
inant tenements 20:496
ni setatse tnereffid fo srenwo , fo sthgiR
Rights of owners of different estates in
STREET RAILWAYS 923,7z3:02 dnal emas
same land 20:317, 329
Franchises fo stnemesae riapmi ot sthgir fo noitaulaV

Valuation of rights to impair easemen


Construction: in general yb noitanmednoc ni ssecca dna ,ria ,thgil
light, air, and access in condemnatio
Construction: abutters' right to damages elevated railway 48:293-298
892-39a,,:84 yawliar detavele

Operation Work done under direction of state board


draob etats fo noitcerid rednu enod kroW

Municipal regulation and control 566:5i I5:665


( )peration
See also Carriers, Public Utilities, Railroads. )peration

Franchises
-htI'W nur srac-elbac :ytilibail trot etulosbA

Absolute tort liability: cable-cars run with-


Abutters' consent required: purchase of
592:4I ytirohtua tuo
out authority I4:295
consent by railway 16:455
I 02C ssapsert gniunitnoc sA

As continuing trespass 5:2


Contributory negligence and relian

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602 STREET RAILWAYS -STUDY OF LAW
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in
CASES. The figure in front of the colon refers in each instance to the volume.

observance of statutory duty byLegal education as an element in pr


defend-
ant 28:436 reform 39:725-748
Duty to furnish continuou
Legal preparation tested by
in one car 20:571 tice in North Dakota 33:168-197
Is street railway a railroad Methods of teaching law
within '?30:812-818
4a of
Bankruptcy Act 33:309 Modernization of legal education by addi-
Liability for agent's failure to protect im-
tion of five other methods to case system
periled and helpless person 43:652 30:812-828
Look and listen rule: application to street Pre-legal studies 41:266
railway 9:490; 10:131; 14:234; 16:147 Reform movement in English
tion Io:418-427
Municipal regulation and control Report of American Bar Association for
Cleaning of streets required by ordinance 1894 9:150
16:436 Scientific spi
Extent of municipal control 16:436 Should case books be constructed with a
Forcing company to repave 20:I55 view to teaching the law of one jurisdic-
Paving street between tracks required by tion 21:92-118
ordinance 16:436 Should the law te
Use of tracks granted by municipality to
25:253-
another railway 9:485 Some realism ab
STREETS to Dean Pound 44:1222-1264
System of teaching at Harvard Law Sch
See Highways, Municipal Corporations.
13:422-440
STRIKES Teaching of English law at universities
See Arbitration and Award, Carriers, Con- 9:169-184
Tendency
stitutional Law, Injunctions, Labor Law, of study of cases to advance uni-
formity
Receivers, Restraint of Trade, Torts, Un- of law 21:521-522
fair Competition. Work of bar examiners in New York
Io:199-208
STUDY OF LAW Particular subjects
Administration of debtor's estates
See also History of Law, Law Schools.
46:1204-1207
In general Administration of insolvent estates
Case books covering many topics com- 46:874-876
pared with those covering a few topics in Administrative law 46:167-171; 49:518
great detail 35:z06 Admiralty 40:918-921
Case method and the study of 47:728-730
Agency law
48:7r1-714Air law 43:982; 46: 86
- criticism of case system 14:258-261 Bankruptcy 42:291-294
Criticism of Mr. Kales' suggestion that the Bills and notes 36:901-902; 42:8
case book be localized 2 :118-119 50:1327-1330
Decline in the study of legal classics
Business law 46:42-43, z87; 49:676-677
35:354 Civil procedure 41:416-418
Dwight method of teaching 7:203-212 - Continental 41:1075-1076
Effect of English and American judicial sys- Code pleading 40:1029-1030; 42:455-4
tems on text writers 36:767 49:1221
English legal education I:297; 9:346 Conflict of laws 41:108-Izz, 552;
Extension of law teaching at Oxford 46:353-354; 50:855-856, 887-889
24:1-5 Constitutional law 40:337, 797-798;
Functional approach 42:593 44:484-486, 882
Function of comparative law 35:838-858
Contracts 49:512-514
Function of teacher 42:139 Conveyances 46:1361-1364
Function of university law school
Corporation finance 44:1006-oo10
49:1068-1083 Corporations 49:1403
Credit
Growing importance of case study transactions 44:880-882
in civil
law 48:351-356 Criminal law 41:683-685; 47:1085-1086
Importance of sound Criminal procedure 42:295-296
knowledge of con
tutional law :232-240 Damages 49:670-672
Indirect teaching of jurisprudence
Domestic relations 47:732-
31:408-411 Economics 47:372-375
Influence of law teaching Equity upon
42:588-591;
the 46:o153-1054,
bar
48:1-14 1209-1214; 47:370-372; 48:53r,
Jural relations 42:448-453 1261-1264; 50:547-548
Law school and office preparation
Estates 47:904-910
33:176-180 Federal anti-trust laws 44:486-489

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STUDY OF LAW-SUBROGATION 603
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES
CASES. The figure in front of the colon refers in each instance to the volume.

Federal jurisdiction 40:1160-o-16 Gratuitous assignee of pledg


- and procedure 4I:8o0-8io policy subrogated to pledg
Future interests 41:934-936; 45:406; against assignor 37:917
49:Ior8-1020 Insurer not legally liable payin
Industrial law 42:593-596 subrogated to rights of owner
Insurance 44: 103-1015; 46:1357-1359 24:676
International law 50:1013 Insurer subrogated to employee's
Introduction to law 40:802-803, 927-928;
right against tortfeasor injuri
5o:Ioo8-ioIr man 35:343
Jurisprudence 47:722 Insurer subrogated to shipper's right
Labor law 48:1045-1048 against carrier 37:901, 918
Law of succession 44:491-492 Land purchased for principal by agen
Legal ethics 47:1295-1296 trust money of third party I7:352
Legal history in English universities
Lessee's right to assignment of prior mort-
35:353 gage on redemption 26:558
Mortgages 40:142-I46, 51o-515 Liability of trust estate for torts of tr
Municipal corporations 40:667-668 not based on subrogation 14:67
Partnership 44:1156-1157; 46:348-350;One lending to lunatic subrogated to rights
49:1401 of one having claim for necessaries
Persons and domestic relations 25:725, 740
4I:414-416 One paying debt voluntarily not necessarily
Pleading and procedure 44:492-494; denied right of subrogation 39:381
47:148-I5I, 370-372; 48:366-368 One paying off mortgage subrogated to
Possessory estates 47: Io8o-io8i rights of mortgagee 12:217; 17:267
Property 46:1361-1364 Payment of deceased's debt by volunteer
Proximate cause 41:939-941 43:II64
Public utilities 40:517-519; 49:518 Payment of senior mortgage at request of
Public utility regulation 47:910 mortgagor in ignorance of existing re-
Quasi contracts 47:911 corded junior mortgage 42:962
Roman law 48:531-532 Purchaser at tax sale not getting title sub-
Sales 46:542-545; 48:537-538; 50:1013 rogated to state's lien 10:453
Security 46:1351-r354 Purchaser of county bonds subrogated t
Suretyship 40:664-666; 45: I439-I441 seller's right 10:316
Suretyship and guaranty 42:140-142 Purchaser of void title from m
Taxation 50:541-542 rogated to latter's rights 10:528
Torts 44:323-325; 45:1445-1448 Purchaser paying taxes subrogated to city's
Trusts 44: 307-1309; 47:904-910 right against former owner I4:I56
Vendor and purchaser 47:156-159 Right allowed to prevent unjust enrich-
SUBPOENA ment 39:383
See Evidence, Witnesses. Right denied of
Right equitable in its nature 13:309
SUBROGATION
Right not allowed volunteers I3:297
See also Contribution, Insurance, -nature
Mort- of the rule 39:382
gages, Suretyship. Right of debtor to set off claim obtain
Advancement of funds on invalid mort- subrogation against bankrupt I3
gage to pay off valid lien 49:842 39:400
Defaulting life tenant's right to subrogation Right of drawer of certified check to sub-
against remaindermen upon redeeming rogation to statutory preference of gov-
mortgaged premises 49:834 ernment as payee 45:389
Discretion to decline jurisdiction of suit
Rightby of fidelity insurer against thir
American subrogee of alien principal for participation in breach of trus
against alien 47:535 43:500
Effect of junior lien held Right
by mortgagee
of mortgagee of on
life tenant to be sub-
rights of one paying off mortgage
rogated to tax lien of state against re-
43:147 maindermen 50:534
Effect of second mortgage on the rights of Right of one bound to repair a
a party subrogated to the security of the increasing burden 15:240
first mortgagee 35:596, 624 Right of one forced to pay debt against
Effect upon insurer's rights of settlement debtor 26:380; 39:381
by assured with tortfeasor after payment Right of one who pays off a mo
of insurance 47:880 real estate subject to a judgm
Grantee with notice of purchaser's
which is equity
junior to the mortga
not entitled to subrogation when
Right he dis-
of second mortgagee to as
charges outstanding encumbrance
lien after paying taxes to prev
38:837 closure of first mortgage 4

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604 SUBROGATION - SURETYSHIP

References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; an


CASES. The figure in front of the colon refers in each instance to the volume.

Constitutionality:
Right of subrogation defeating prior equity law forbidding running
I7:352 of freight trains 10:378
Delivery on week day of goods con
The Statute of Frauds and oral agreements
to mortgage land--rights of one who for on Sunday 33:616
has made loan to pay for land 44:270 Excuse for refusal of public
Stranger paying off mortgage under mis- 23:579-582
take of fact subrogated to rights of Lien arising out of contract
mortgagee 24: I6; 39:382 day 43:664
Subrogation applied to mergerSunday of mortgage contra
debts I5:740 promise of pe
Subrogation of -validity
bank directorof pa
p
on debt
liable for receiving 14:386 aft
deposits
Sunday claim
vency to depositor's newspapers
again
47:1429-1430 29:557
Validity of promissory note executed on
Subrogation of carrier to owner's rights
against converter of property 44:999 Sunday 22:309
Violation by plainti
Subrogation of one lending money on valid
security to rights under encumbrance for negligence 12:144, 286
satisfied with proceeds of the loan
45:390 SUPERSEDEAS
Suit on appeal bond for intermediate
Subrogation of one paying taxes to state's
right to prove as a preferred creditor pending appeal to upper court 38
upon the bankruptcy of one owing for
taxes 39:262 SUPPORT, RIGHT OF
Subrogation of See Right
payingof Support. surety
rights against co-surety 38:266
SURETYSHIP
Subrogation of second mortgagee to rights
In general
of first paid by proceeds 8:284; 13:297
Surety's defenses: in general
Subrogation on part payment: where credi-
tor is adequately protected 38:837 Surety's defenses: on general principles
Subrogation problems in suretyship and of contract
insurance 47:976-1008 Surety's defenses: no principal obliga-
Subrogation to a state's preference tion
47:844-845 Surety's defenses: extension of time
Tax collector taking check subrogated to Surety's defenses: variation of risk
state's lien on land 10:383 Surety's defenses: surrender or loss of se-
Theory of subrogation : 68-70; 14:67, curities
I56; 37:259; 39:382 Surety's defenses: omissions of creditor
Volunteers: whether insurance company Surety's rights: in general
paying without legal liability is a volun- Surety's rights: indemnity
teer or officious payer 36:330, 347 Surety's rights: exoneration
Whether intending purchaser of old mort- Surety's rights: subrogation
gage who takes new mortgage instead of Surety's rights: in bankruptcy of princi-
assignment of old is subrogated to rights pal
of first mortgagee as against a judgment Surety's rights: in receivership of princi-
creditor 26:261, 273 pal
Whether one discharging Creditor's
a claim right toin
surety's
pur- securities
suance of an erroneous judgment given for indemnification
is en-
titled to subrogation 39:382, 402 Pleading and proof
See also Bail, Bankruptcy, Bills and Notes
Wife subrogated to rights of third parties
against husband for necessaries furnished (Defenses: suretyship), Executors and
for her maintenance 24:306, 324 Administrators, Husband and Wife, Let-
ters of Credit, Limitation of Actions,
SUCCESSION Statute of Frauds.
See Conflict of Laws, Corporations, Descent
and Distribution, Inheritance Taxes, In general
Legacies and Devises, Taxation, Wills. Amount of recovery by mortgagee-obligee
for breach of completion bond 47:705
SUICIDE Analogous transactions: indorsement of
See Gifts, Homicide, Insurance. note; how far equivalent to guaranty
Io:I86
SUNDAY LAWS - mortgagor's assignee assuming mortgag
See also Statute of Frauds. debt I5:398, 583
Burden of proof as to necessity of acts Are defenses specified
9:487 ments Law for sureties exclusive 33:277

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SURETYSHIP 605
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Bank stockholder of record as surety of Non-liability for debt of administrator


transferees for assessment 47:354 solvent when appointed 18:394
Cases distinguished: insuring payment of Surety on administration bond: recovery
money claim 7:434 against by assignee of administrator
Continuing guaranty: death of surety 29:333
32:438 Surety on bail bond: whether released by
-relation of the parties I2:215; I3:216 subsequent pardon of accused II:342
Contracts of indemnity and the Statute of Use of money received under assured con-
Frauds 41:689-708 tract to satisfy unsecured obligations
Corporate suretyship 36:768 38:990
Determining status of executor-trustee
49: I6-I20 Surety's defenses: on general principles of
contract
Distinction between guaranty and informal
suretyship 23:136, 152 Alteration of surety's contract: alteration
Existence of relation between partiesafter signing,
to a before delivery 9:489
contract to pay promisee's debt to the cause of action 34:681
-by amending
creditor 38:503, 520 - by filling in blank 39:132
Joint debtors becoming as -distinguished
between them- from variation of risk
selves principal and surety: rights of I6:5II
creditor after notice 8:56 -whether rule limited to written instru-
Jurisdiction of chancery in fifteenth ments
cen- I6:5II
tury 31:851-853 Default prior to
Obligation of surety to make pro
Novation: rata dis
substit
tribution to creditors 50:835 claim secured by surety 6:193,194
Position of one agreeing to indemnify a
- substitution of new obligor for principal
surety 39:1102 debtor 6:193-194
Presumption that anomalous Oral promise indorser
by a sto of
note is surety for debtmaker
of the corporation 24:506
23:396, 39
Reinsurance of surety 50:93-97 Parol variation of written contract between
Retirement of partner: assumption of debts principal and obligee 21:63
by firm 7:498; 8:56 Partnership as principal: effect of dissolu-
Surety on administration bond: right
tion on to
continuing guaranty I4:627;
purchase property of estate 19:537 29:460
Whether doctrines of suretyship apply
Surety bond to upon assumption that
signed
negotiable instruments 24:665, 669;
co-sureties were bound 9:489
30:141-158
- under the law merchant 30:142-149
Surety's defenses: no principal obligation
- under the Negotiable Instruments Law
Assumption of mortgage -effect of defi-
30:149-158 ciency judgment against mortgagor alone
Widening scope of statutory construction 42:583
bonds 45:1236-124I Disaffirmance of contract by infant princi-
pal I2:437
Surety's defenses: in generalEffect of death
Bond given to reimburse surety on bail
receiver's surety 2I:147
bond held invalid as againstEstoppel
public policy 24:328
22:530, 534 Fraud on principal no de
Creditor's duty to disclose material facts to 31:898
the surety 43:797-80o Fraudulent preference t
Death of guarantor: whether guaranty 503
thereby terminated 12:2I5; 13:216
Joint and several debtors, principals as to
portion ofby
Effect of assignment of building contract debt: extent of defense where
contractor on rights of materialmen
one is released 25:209
28:528 Liability of surety on original no
Effect of notice by surety that willrenewal
not re-note is forged 17:205
main liable 30:494, 526 Principal claim barred by discharge in
Effect of premature payments and failure
bankruptcy 25:81
to give notice on the liability of Principal
a com- claim barred by Sta
pensated corporate surety 42:838
tations I1:271; I5:497
Failure of consideration by creditor toward obligation ultra vires the
Principal
principal 42:443 corporation o0:37I
Failure of principal to sign bond 20:580
Principal's liability change
Liability of surety on bond meruit
given in pursu-
9:546
ance of unconstitutionalRelease
statute 43:494
of principa
Married woman as surety: fraud whether liable
I4:548
as to separate estate 12:2I8 Release of security by

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606 SURETYSHIP

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and i


CASES. The figure in front of the colon refers in each instance to the volume.

of surety co-maker: Negotiable Lien Instru- on property o


ments Law 28:624 ment by creditor 9:I46
Right of mortgagee who Merger,has prevention
released pur- of, in equi
chaser assuming mortgage dischargefrom of surety defi-
I3:609
ciency judgment 41:261 Release of execution against principal
Right to control application of payments debtor I3:415
i8:399 Whether affected
business undertaking 29:314, 342
Surety's defenses: extension of time
Agreement to extend time: receipt of ad-
vance interest by creditor as prima facie Surety's defenses: omissions of creditor
evidence of agreement 40:789 Creditor's failure to prove in bankruptcy
20:502
Application of doctrine to liability of mort-
gagor after extension to his grantee Diligence, necessity of: principal not within
38:504 the jurisdiction 10:455
Application of doctrine to rights of Failure
co- to record mortgage 32:863
sureties among themselves I4:547 Failure to set off claim against principal
Application of doctrine to rights of mort- debtor 26:763; 29:231; 3I:I037;
47:1445
gagor and his assignee I5:398
Effect of extension of accrued installmentsGuarantee's failure to give notice of de-
on surety's liability for future install- fault: when a defense I5:65
ments 43:503 Money within creditor's control: failur
Effect of givingapply time in payment
when of debt 9:I46
contr
specialty 9:56 Necessity of notice to grantor of acceptance
Effect of the Negotiable Instrument and default 20:485, 503
33:277; 44:999
Effect upon Surety's
liability of rights: in general
surety co-mak
promissory note 20:646; 28:I02 Application of mortgage foreclo
Extension of time given to grantee of mort- ceeds to part of debt for which
gaged premises who assumed the mort- not bound 47:1444
gage debt: effect of Negotiable Instru-
ments Law 42:136 Surety's rights: indemnity
Grounds of defenses of surety
Accrual 12:426
of action against p
Indefinite extension: whether within the ' 15:323
general rule Io:455 Accrual of action by promisee on promise
Renewal of principal debt to aspay
a promisee's
defense debt to 38:503
one who with principal debtor Equitable set-off
executes of surety of insolvent
an indemnity note to surety 39:1103
principal before payment 37:5o6
Validity of extension as aMortgagor's requisite rightto dis-
against assignee assuming
charge of surety 13:63; 40:1020 mortgage debt I5:583
Whether affected by rise of suretyship Recovery
as from insured's esta
business undertaking 29:314, 342 loans made by insurer 43:964
Right of reimbursement of person indu
Surety's defenses: variation of risk by false representations to become
Acceleration of maturity of notes 32:734 surety; whether affected by discharge in
- contemporaneous agreement for 48:679 bankruptcy 3o: 84
Effect of plaintiff's breach of contract to Surety as creditor under
insure 18:626 ruptcy Act 46:844
Inconsistency with doctrine all
tor to covenant not to sue pr
Surety's rights: exonerati
reserve right against surety 2
Right of surety-promisee
Judgment affirmed by consent
promisor to specific pe
bond 26:46I promise to pay promise
Nature of defense: distinguishe
Security held by principa
teration I6:511 creditor 15:4I5
Principal obligation providing for possi
changes I6:51r
Reduction of alimony by court 45:194 Surety's rights: sub
Building contracts:
Surety's defenses: surrender or loss of se- owner: relative rig
curities surety and contra
By act of creditor and operation of law - relative rights of
3I:899 mechanic's lienholders 37:634
Extent to which surety is discharged by Co-surety insolvent: subrogation of solve
release of mortgage for the full value of surety to creditor's rights 12:284
the land 42:712 Effect of fraud on principal 31:898

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SURETYSHIP 607
References in heavy-faced type are to LEADING AR
CASES. The figure in front of the colon refers in each

Effect of surrender of preference


tain discharge received
of attachment when war-
by creditor 20:484, 503 rant of attachment secured four months
Incidents of principal claim kept alive
before for bankruptcy 22:57
principal's
surety's benefit 1 : 200 Payment to the holder of a note as a prefer-
Liability of surety completing contract
ence to or surety 32:286
to the indorser
materialmen supplying before default
Preference received by creditor: effect on
44:306 surety's independent claims 15:663
Limitation of equitable relief:
Proofapplication
of blame when part payment made
to right of subrogation I3:309 by surety 37:392
Limitation of right of reimbursement cuts
Proof of claim when pa
off right of subrogation 37:260 by surety I6:I39
Merger of creditor's securities, prevention Rights of surety on p
of, to protect surety I3:609 work to compete with
Nature of right 17:276; 26:26I, 273, 380 rialmen for contractor
Preference received by creditor: surrender 49:941-947
by surety as a condition of proof 15:663
Purchaser of draft subrogated to theSurety's
rights rights: in receivership of principal
of the drawee bank in security pledged Proof by a surety for part of a debt
for another loan 22:141 41:384-387
Relation of depository's surety to state
treasurer's surety 26:558 Creditor's right to surety's securities given
for indemnification
Relation to existing surety of one who be-
Application of doctrine as basis for re-
comes surety during legal proceedings
against principal 46:1344 covery by creditor against one who
Right of fidelity insurer against third promises
party his debtor to pay the debt
for participation in breach of trust 38:503
43:5oo Arguments against allowing creditor's right
Right of surety paying one of several debts i:328-329
to collateral when all debts are paid Basis and extent of the right: general dis-
47:142 cussion 1:326-337; o0:64
Right to subrogation to judgment obtained Connecticut rule: right arising on
by creditor after payment by surety vency of surety i:330-332
34:792 Contribution: basis of apportionme
Rights of fidelity insurer against negligent 24:487, 5o6
accountants 48:690 -decree in favor of one co-surety
Rights of the sovereign to which
judicataain
surety
later suit for contribut
may be subrogated 37:259 another co-surety 27:492
- subrogation to a state's preference Co-sureties as sureties to one another
47:844-845 I4:547; 15:323
Subrogation after part payment in Distinguished
the from right to securities held:
estate of bankrupt principal 37:392 for exoneration i:326
Subrogation against a bankrupt principal
-on express trust i:326
for part of a debt 34:94 Early English rule: a trust f
Subrogation in behalf of surety's surety i:327-330
I7:276 Effect of payment by instalments on the
Subrogation problems in suretyship and right to contribution 4I:408
insurance 47:976-1008 Indemnification of one surety after pay-
- between true and involuntary sureties
ment: rights of co-sureties I6:439
47:977-987Proof by paying surety in bankruptcy of
-sureties of different principals co-surety 38:266
47:996-1002 Relation between two
- surety, principal, and co-suretysigns note at request
47:976-977 22:456
-surety's surety 47:995-996 Right of one co-suret
Subrogation when surety incurs obligation
security furnished o
without request of debtor I7:577 party other than prin
Surety's right of indemnity barred: whether 37:505
affecting right of subrogationRights
13:309when one co-surety holds securities
Whether an insurer paying without liability I6:439
is a volunteer 36:330,347 Rule in Ex parte Waring: proceedings an-
alogous to bankruptcy I:333
Surety's rights: in bankruptcy of principal
- right arising on bankruptcy of principal
Contingent claim based on suretyship rela-and surety i:332-334
tion: whether provable I4:372Scotch rule: no direct right a
Liability of surety on bond given to ob-ties 1:334-337; o0:64

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608 SURETYSHIP - TAXATION
References in heavy-faced type are to LEADING ARTICLES; in it
CASES. The figure in front of the colon refers in each instance to th

Subrogation to rights ofDevelopments


creditor against in the law - 933
insolvent co-surety 12:284 47:I209-I289
-adjustment of tax sources between state
Pleading and proof and nation 47:509-51o
Judgment against principal: whether
-fees ad-
for governmental s
missible in action against surety I4:304 taxes 47:505-506
-luxury
Public officer: default discovered after two
-miscellaneous taxes 47:5o8
terms: which surety prima facie liable - motor vehicle taxes 47:504-505
14:469 Direct taxes: what constitute 9:198-2
SURFACE WATERS
I3: 38, 220
See Waters.
Excises: tax on all use not an excise tax
SURRENDER 35:70, 94; 39:889
See Landlord and Tenant. -what constitute 13:138
- whether their character as
SURVIVAL OF ACTIONS tered by retroactive provisi
See Abatement and Revival, Conflict of 37:694-698
Laws, Death by Wrongful Act, Executors
Federal tax on state instrumentality
and Administrators. 33:225-229
TACKING
Head taxes under immigration acts
38:1061
See Adverse Possession, Disseisin, Historical
Mort- meaning of direct taxes, duties,
gages.
rates, imposts and excises 20:291-295
TAX SALES Minimizing taxes 36:903
Nature of title conveyed 20:650 Search for new sources of revenue
Purchase by wife of insolvent debtor 47:503-51o
42:583 Taxes as debts under Bankruptcy Act of
I898 37:380
Rights of original owner after redemption
against sub-vendee 19:22I Taxes measured by wealth 33:582, 6i6
Taxes
Validity of tax deed of property of on occupation of severing natural re-
bank-
sources 37:507
rupt sold for taxes before adjudication
21:441 Taxes on privileges 31:331-39
TAXATION Taxes on property 3I:339-344
In general Tax on sales: whether direct or excise tax
Power to tax: in general 13: 138
Power to tax: public purpose Upon whom transportation tax is levied
39:403
Power to tax: where property may be
taxed Use of federal injunction in constitutional
Power to tax: governmental instrumen- litigation 43:433-436
talities
Power to tax: interstate commerce Power to tax: in general
Power to tax: imports and exports Application of Fifth and Four
Power to tax: classification Amendments 37:1-2; 40:122
Property subject to taxation Carrying on business true ground for
Persons subject to taxation ing corporation rather than domicil
Exemptions 33:370-371
Local assessments Chain store systems 44:456-460
Franchise taxes Compulsory incorporation and the power
License taxes to tax 44:Z1111-114
Sales taxes Constitutional limits
Stock transfer taxes 38:281-285
Federal capital stock tax Constitutional questions in sales taxation
Federal issue tax 47:863-867
Levy and assessment - developments - I933 47:1209-1236
Collection and enforcement -liberal interpretation of constitution;
Lien and priority general discussion 19:460
See also Conflict of Laws, Constitutional- on franchise taxation of foreign co
Law (Legislative powers: taxation), rations 38:36i, 405
Corporations, Income Taxes, Inheritance - tax administration 47:1231-1236
Taxes, Interstate Commerce, Municipal -"uniformity" i6:x36; 29:23I
Corporations, Quasi Contracts, Receiv- Constitutionality of statute placing p
ers, States, Tax Sales. tive tax on trading stamps 29:779
Definiteness of tax measure - effect of ad-
In general ministrative definition 47:1232
Constitutional restrictions: direct taxes and Delegation of power to classify tax
test of shiftableness 20:282-283 businesses 28:95, I05

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TAXATION 609
References in heavy-faced type are to LEADING AR
CASES. The figure in front of the colon refers in each

Delegation of taxing power:


Privilege whether
taxes on corporations having ren-
no
dering exercise invalid par value 12:138; 26:257,
stock 43:104-0og
266 Processing and flour taxes under Agr
Excessive rate as disclosing tural Adjustment
purpose Act to49:828regu-
late or-prohibit 48:497-498 Processing taxes and protective tariffs
Federal crimes based upon taxing power 49:610-618
48:495-498 Progressive taxes graduated with refere
Federal power of taxation and state police to extrastate factors 49:764-783
power 23:465, 487; 49:650 Prohibitive tax on butter substitutes
-tax on narcotics as encroachment upon 47: 229
police power of states Provision for uniformity of property taxes
32:623-624, 846, 851
prohibits property tax on particular
Federal tax calculated to regulate rather
property, an excise in form 35:70, 94
than to raise revenue 35:859 Retroactive taxation 48:592-619
Federal tax of I92I on gifts in contempla- --constitutionality of retroactive excise
tion of death as direct tax 40:1I8-121 taxation 37:694-704
Federal tax on future trading in grain - gift tax 48:618-619
37:136 -property tax 48:594-595
Federal tax on the resale of theatre tickets - retroactive direct taxation: validit
4I:533 37:694
Federal taxation: constitutionality of fed-
--retroactive excise tax as direct
eral taxation of interstate commerce 48:595
22:27-37 --retroactive tax on profits from sales of
Federal taxing power as means of establish- silver futures 50:841
ing a unified banking system 46:143-148 Spurious conceptions of the cons
Fourteenth Amendment in its bearing on law of taxation 47:628-659
the taxing power of the states 32:589,Tax on capital stock of foreign corporatio
591-593, 603-609, 611-619 23:549, 565
Gift tax: whether direct 39:888, 896 Tax on foreign corporations measured
Indirect encroachment on federal authority authorized capital stock 50:1 76-z17
by the taxing power of the states Taxation of no par value stock
31:321-372, 572-619, 721-778, 39:289-306
932-953; 32:234-265, 374-416 Taxation of nonresident shareholder as i
Inheritance tax limiting deductions for direct taxation of corporation 44:130
debts as direct when property was Taxation of radio broadcasting
pledged 48:503 49:473-478
Insufficiency of Marshall's test
Unconstitutionality in
of state pollMcCul-
tax on
loch v. Maryland 32:903-912 aliens 35:469
Liability for gift tax of settlor who retains
Unequal assessment o
power of amendment 50:995 alty: constitutionality 16:136
Limitations on doctrine of disregarding cor-Validity of graduated income tax under
porate fiction in taxing income of cor- Constitution requiring levying of prop-
porations 34:586-591 erty taxes ad valorem 46:339
Limits on taxing power of Congress
Validity of retaliatory taxation of foreign
40: 22 insurance companies 45:I84
Modern problems of federal taxation
Validity under Twenty-first Amendment of
39:790 state tax on liquor imported from other
Mortgage registry tax: whether uniform states 50:353
29:231 Windfall tax and refu
National Firearms Act - bearing of Childenue Act of 1936 50:477-489
Labor Case 48:495-497
Nondiscriminatory overassessment
Poweras
tovio-
tax: public purpose
lation of due process 49:I012 In general 5:30-34; 12:320-334; 38:519
Oil and gas lease 38:286 Certificates of stock owned by a non-
Oil imported by steamers while stored ina domestic corporation which
resident in
tanks on shore 36:112 are in the hands of an agent within the
On corporations created by states jurisdiction 34:306
23:380-387 Constitutionality of municipal a
Opinions of Mr. Justice Brandeis tion to reimburse officers for lia
45:41-44 illegal acts committed in the
Overruling decisions of Supreme Court duty 21:625, 633
46:623-637 Creation of guaranty fund
Power of legislature to extend city limits provement district bonds 46:860
and subject land annexed to burden of Establishment of compulsory automobile
previously incurred debt 22:385 liability insurance fund 44:123

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61o TAXATION
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refer

-at debtor's domicil


Extraterritorial powers of I5:680; 16:522;
municipa
41:896-897 20:656; 3I:925-926
Gratuities to Civil War
Constitutional veterans
prohibition of taxation of
Indirect benefit to public:
property whether
beyond the jurisdiction
cient 11:126; I2:320-324, 499 38:281-285
Corporation:
Judicial construction of the requirement of conclusiveness of statement
a public purpose 2I:277, 295 of location in charter 26:266
Municipal advertising 45:748 Credits taxed at domicil of agent in c
Municipal enterprises, quasi-public and 9:435; 11:476; 13:680; 16:63
private 5:30-34; 8:53; I6:584 Debt due Connecticut corporation by agent
in Louisiana 22:64
Necessity of a public purpose in the absence
of express or implied constitutional Developments
pro- - 1933 47:1221-r226
vision 21:277, 295 Doctrine of " business situs " 48:420-432
Official primary elections Domestic tax21:622,
on foreign held630
stock 16:449
Payment by taxpayers Domestic of one tax onstate sub-
seat in foreign stock ex-
division of local expenseschange of another34:95
47:1231 Effect of change
Prevent advertisement disfiguring publicEquitable interest
parks 20:44-45 eign trust of intangibles 35:94
Relief of blind 20:335 Equitable interest of resident cestui que
trust in
Satisfaction of disputed claim securities held by nonresident
against
township 8:359 trustee to accumulate income 43:668
Satisfaction of moral Foreign obligation
owned mortgages 12:62;8:359;
13:68o
Inclusion of stock held by foreign corpora-
Io:I86; 26:277
Ship subsidies 16:310 tion in computation of privilege tax
Special assessment: for street sprinkling 39:402
Income of nonresident from sale of right to
2 :533, 546
--compensation for injuries seat on local stock exchange 50:704
12:324-332
- gratuities in the nature of Indirect taxation of property beyond the
pensions
12:320-324 jurisdiction 38:363
--loans to sufferers in catastrophe Interest created by oil an
12:499 taxable where land lies 43:5o5
- pure gratuities 12:332-334 International and interstate multiple tax
-to disabled firemen 21:277, 295 tion 47:307-3r5, 634-636
State aid to religious societies 11:542 Jurisdiction to tax -the mystery of
State and municipal excursions into busi- 47:630-639
Jurisdiction to tax intangibles 32:600-609;
ness enterprise as public purposes under
the taxing power 41:775-779 43:792-797
State and municipal private enterprises -intangible property belonging to a ward
33:405-409 who resides in different state from his
State aid to individuals: bonus for soldiers guardian 33:7-8
and sailors 33:846, 87I - intangible property of
State taxes for state banks, loans on real 38:531
Jurisdiction
estate, state flour mills, state built homes to tax intere
34:207, 212 on loan by nonresiden
Jurisdiction to tax rent
Sugar bounties 5:320-344; 8:417; 16:310
dent from foreign land 47:1223
Tax on oleomargarine in order to regulate
its sale 21:455 Land and interests in land 32:593-597
Taxation for irrigation Multiple taxation: evolution of Supreme
districts 10:38
Taxation not for a Court doctrine as topurpose
public double taxation 20:3
Validity of A.A.A. processing taxes 49:887-902
47:1229-123I - intangibles 45:777-792; 48:944-947
- what is left of it 48:407-432
Power to tax: where property may be taxed
Passing of situs - jurisdiction to tax s
In general 32:587-638; 33:5-8; 34:54 of corporate stock 45:777-792
Bank deposits of nonresidents 24:586; Personalty at domicil of owner 19:206
31:786, 806; 34:53 Privileges 31:926-928
Benefit and ability theories of taxation - Property held by fiduciary
influence in determining jurisdiction to Property in transit not withi
tax 49:759-764 district 16:440
Bonds not at owner's domicil 9:435; Property of wife af
23:401 20:416
Business capital 32:60-619 Property tax on in
Choses in actions: at creditor's domicil
que trust in intang
31:922-925 where 47:r224

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TAXATION 611
References in heavy-faced type are to LEADIN
CASES. The figure in front of the colon refers in

Property within jurisdiction valued


individual in property owned by federal w
relation to property in other40:915
government states
Denial pro tanto of deduc
I7:578
Rate and measure in jurisdiction to tax - bondholders 43:1314
aftermath of Maxwell v. Bugbee Development of government
49:756-783 tality doctrine 47:322
Resolving conflicting claims of domicil Developments - I933 47: 20o9-I26
50:II20-1121 Federal tax on income from delinquent tax
Securities held by resident trustees under sale certificates issued by municipality
foreign testamentary trust 44:475 47:1214
Situs in general Io:244; II:103-108; Federal tax on interest from award for
13:680; i5:68o; 16:63, 522; 3I:918-931; state-condemned land 47:1215
Federal tax on interest from notes of state-
39:412
Situs of a domestic corporation within the
authorized corporation lending borrowed
state for the purpose of taxation money to highway commission
42:262-265 47:1214-125I
Situs of promissory notes 2I:50,63; Federal taxation of state liquor monopolies
28:104 47:321-325
Specialties 31:928-930 Federal taxation of state owned bank
Stamp tax on promissory notes 44:869 43:329
State tax on fund held by non-resident
Frustration of reassessment of improve-
trustee for resident beneficiary 42:712
ment district lands through their acquisi-
Tangible personal property 19:2o6;
tion by United States 47:r212
Governmental
20:138, 155; 27:675, 688; licensees and contractors
31:918-919;
32:697-603 47:1210-1211
Tangible personalty at Gross
thereceipts
decedent's
represented by royalties from
domicil 39:252 copyrights 46:162
Tax on receipts issued Income from
for goods copyright roy
warehoused
abroad 22:615 ure of a state franchise ta
Taxation by state of tions-an
domicil imaginary judic
of gifts made
abroad of personalty located abroad 44:889-905
24:307, 328 Income, property and pro
Taxation of foreign corporation on credits lessees of government lands
in hands of local agent 28:214 47:1212-1213
Taxation of foreign movables 33:382 Indirect state tax on government bonds
Taxation of foreign personalty and due 40:790
process of law 27:675, 688 Joint stock land bank as federal instru-
Taxation of interstate rolling stock mentality 50: 42
33:6-7 One of two interacting govern
Transferable certificates in trust of do-
salary paid by other 20:494
Power of Victoria to tax Australian officer
mestic land already taxed to legal own-
ers 49:I59 20:494
Transferable certificates
Present status of the doctrine of intergov-
trusts 49:I59 ernmental relations 44:829-833
Trusts 34:52; 4I:511-514 Proceeds of federal salary deposited in bank
Unit rule--to what applicable 21:373
Property in possession of United States en-
41:228-229
- unity of ownership without unity of use gaged in interstate commerce as subject
41:230 to state taxation 33:94
Railroads subject to federal control
- unity of use without unity of ownership
41:230-232 31:867-870
-what is unitary organization Sales to Federal Government or ta
41:227-232 state 47:866-867
What foreign property may be considered Stamp tax on bill of costs
under unit system of apportionment 28:705
38:53I State agency: taxation by fe
ment 9:204; I4:I55; 36
Power to tax: governmental instrumentali- - taxation by federal go
ties
South Carolina dispensary
Constitutionality of excise tax measured by State excise taxes measur
net income from federal bonds 42:444 from federal instrumentali
Constitutionality of excise tax measured in
43:280-285
part by income from copyrights State interference with fede
44:136 talities 31:327-372
Constitutionality of state tax on interest of State tax measured by gross

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612 TAXATION
References in heavy-faced type are to L
CASES. The figure in front of the colon ref

cluding those from carrying


property ma
emplo
44:II4I merce 32:234-265
State tax on federal property 33:778-780; Tax on interstate tr
36:738 for use of state roads 47:122I
State tax on income from leases of Indian Validity of state tax on net income of fo
lands 35:889 eign corporation engaged in intersta
State tax on national commerce bank 33:736 sha
41:82-86 Validity of tax based
State tax on property of government- interstate air transpo
owned corporations 36:737 - where proceeds are d
State tax on sales of gasoline to Federal
airport 45:385
Government 42:128
State taxation of federal instrumentalities
Power to tax: impor
Cheese manufactured
not " essentially" governmental
tionality of tax 17:420
49:1323-1333
Franchise tax on foreign corpor
- effect of Congressional exemption
ured by capital composed enti
49:1329-1331
ports 46:1024
--incorporation or stock ownershipStamp
by tax on foreign bills of lading:
United States 49:1331-1333 whether an export tax 29:478-483
State taxation of Indian coal mines
Stamp tax on manifests of foreign-bound
28:528
vessels an export tax 17:279
State taxation of telegraph company exer-
State tax on exports 3I:805
cising federal privilege 23:644 State tax on imports 36:II2
Tariff on imports by state university
Taxation of importers by the state
47:120Q9-12IO
29:472-477
Tax on corporate shares discriminating What is a tax on exports under the Con-
against federal securities 49:480 stitution 29:471-484
Tax on manufacture of tobacco sold to
-whether tax on charter par
state 50:690
on "articles exported" 29:471-472,
Tax on salaries of public 476-477,483-484 off
ing proprietary functions
Tax on salary Power topaid
tax: classification
in gover
47:X216 Actual value as basis of taxation of no par
Taxation by a state of a debt owed by the value stock 39:305-306
United States 35:93 Classification based on residence
Taxation by state of bonds of municipal 47:1227-Z228
corporation in federal Constitutionality
territory of discriminatory gradu-
27:769 ated tax on chain stores 44:1295
Taxaton of federal agency by states Constitutionality of franchise tax on do-
12:353 mestic corporations having no par value
Taxation of government corporations stock computed on basis of each share
48:789-793 having a value of $Ioo 40:I39
Taxation of tax exempt securities in the Corporate character of the taxpayer as
hands of corporations 44:1124-1131 basis of classification in state property
Validity of tax on corporate shares with- taxation 44:443-447
out deduction for exempt securities held Developments - 1933 47: 226-1231
by corporation 43:504 Difference in value between stock of an old
Validity under federal statute corporation
of state and stock in a new corpora-
tax
on national bank shares without reduc- tion taken in exchange upon reorganiza-
tion for debts when other moneyed capi- tion 34:307
tal is taxed at higher rate but with re- Discrimination
duction 21:295 owned utilities 47:1227
Exemption from general sales t
Power to tax: interstate commerce fuels separately taxed 47: 43
Graduation of chain store tax accordin
Activities forming part of interstate mar-
keting of cotton 47:r127-1218 number of stores in county 47:1226
Graduation
Capital tax on intangible property of do- of sales tax according to gross
sales as arbitrary classification 48:1434
mestic corporation doing an interstate
business elsewhere 47:1224-1225 Improper valuation and unequal assess-
Massachusetts and California statutes tax- ment 47: 232-1233
ing privilege of corporations engaged License
in fee based on number of counties in
interstate commerce 31:932-933 which store chain operates 46:155
Privilege tax on interstate pleasure Reasonableness
excur- of classification 39:I067
sions 47:881 Reducing state gasoline tax in border towns
Rules for assessment of 47:1228 state

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TAXATION 6I3
References in heavy-faced type are to LEADIN
CASES. The figure in front of the colon refers in

Sales taxes 47:863-864 Exemptions


Tax on automobiles graduated Annuities under
according
general propertytotax sub-
carrying capacity 33:737 jecting to taxation all property not ex-
Taxation of incomes for less thanpressly
a yearexempt,
onand making no reference
different basis than annual incomes
to annuities 40: 1020
37:627 Assignability of exemption gr
Validity of graduated income tax under
poration 22:457
uniformity clause of state constitution
Assignment for credito
48: 35 charitable corporation
Property subject to taxation ership" 50:994
Easements 20:58I, 655 Bank depositor's gua
Franchise of corporation "state
16:449,
fund"592;
exemption 42:137
39:516 Basis of the exemption of university prop-
Good will of business I6:135; 33:323 erty from taxation 2I:617, 634
Good will, whether merely attribute of land Capacity of municipal corporation to grant
under transfer tax I9:538 exemptions 38:120
Income as property 37:2 Capital of bank exempt: effe
from franchise
Personal property owned by foreign gov- tax 17:578
ernment 38:294-295 Charitable, religious, and educational ins
Pipes under surface of street 4:83-86
tutions: exemption of property und
Privilege taxes on corporations having no
common statutes 36:733, 761
par value stock 43: 04-I10 Corporate exemption: reorganized com
pany
Proceeds from sale of foreign imports, re- entitled o0:60
tained temporarily in the bank to pay
--whether stockholders in
small expenses taxed as propertyempt
em- I2:353
ployed in business 21:353, 374 Educational char
Proceeds of imported goods sold in original benefit 50:489-495
packages 19:627 Educational institutions: wh
Property held under a exempt conditional 11: 30;sale
13:693sub-
ject to lien for vendee's Effect oftaxes 41:805
corporation's reliance
Stamp tax on certificates grant
ofof exemption 48:341in
membership
trust created to liquidate business
Effect of state exemption on federal tax lie
42:445 48:1441
Tax on all possible use 35:70 Gift of tax exempt bonds as subject to gift
Taxation of foreign corporations tax 50:840
I7:248-256; 25:95 Liability to taxa
-doing intrastate business 27:275,university
289 2I:6I7, 634
-engaged in intrastate commerce Local
25:671manufacturers exempted: valid
-property of foreign corporation within
statute I2:43I
the state 38:363 Municipal property 18:385
-water
- trade-mark of a foreign works 11:126
corporation
I9:67 Non-taxable bonds purchas
Water power: in general II:191 avoid taxation 17:285
- water power taxed where generated and Personal property owned by foreig
also where used 22:233 ernment 38:294-295
Property of charitable instit
Persons subject to taxation revenue II:130; I3:693; 16:70, 603;
Federal corporation tax: whether corpora- 25:670
tion engaged in business within meaning
Reciprocal and retaliatory tax statutes
of 38:113 43:641-646
- whether joint stock
Religious associations: compan
property leased for
able under 29:342 revenue I6:70, 603
Liability of trustee in bankruptcy
Taxability forofstate
property pur
occupation tax 50:535 proceeds of war-risk insu
Music with meals in restaurant as an en-
compensation 44:1148
tertainment within statute taxing admis- of assessment under subse
Validity
sions to entertainments general 32:440law on property the convey
Personal tax imposed on nonresident pres- was directly induced by pro
of which
ent within the state 34:542,
of 564
exemption 22:457
Poll tax on persons temporarily in a terri-
tory 38:283-285 ] Local assessments
Special assessments under
Assessmentthe police
by frontage power
method for paving
without regard to benefits 22:293,
street of varying 310
width 29:228
State poll tax on aliens 35:469
Assessment for street sprinkling 2 :533,
Transients 34:543, 564 546

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614 TAXATION

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Conclusiveness of finding of city council putation of priv


that railroad's right of way is benefited 39:402
21:292 License taxes
-increased cost due to act of city 16:360
License and franchise tax distinguished
-inferior work 15:412 20:490, 503
- omissions in assessment 7:311 On domestic telegraph company for privi-
lege of using the streets 38:290-291
Effect of condition in dedication of a high-
way that abutters be free from assess-On fisherman temporarily employed in the
ment 21:356, 367 jurisdiction 38:284
May assessment for Organization particular and license tax on no par be
purpose
diverted to general funds 33:48I stock 39:299-300
Review of tax assessment by court 20:320, Reasonable relation of tax to value of the
327 privilege 38:366
Right to hearing on validity of tax assess-
ment 21:285; 29:550 Sales taxes
Set off against an award Constitutionality
for property of gasoline tax 37:265
con-
demned 21:368 Sale of materials to shoe repairer as whole-
Taxation in excess of benefits: doctrine of sale sale 49:662
Norwood v. Baker 12:432; 13:525; Sales tax 47:860-870
14:1-19, 98-115; I5:307; 16:302; classified and retail sales taxes
I7:355; 22:293, 3IO 47: 86o-86r
-incidence of tax 47:868-869
Validity of frontage assessment for paving
street of varying width 29:228 - occupation - privilege taxes, income
sales taxes 47:861-863
Franchise taxes - tax on several processes in
Annual franchise tax, within the meaning
owner 47:868-869
of the Bankruptcy Act 21:490, 503 Search for new sources of revenue
Capital tax on intangible property of do- 47:506-507
mestic corporation doing an interstateStock transfer taxes
business elsewhere 47: 1224-1225 Constitutionality of 19:460
Constitutionality of New York Statute New York stock transfer tax accord
16:592 number of shares 20:408, 412
Corporation in hands of receiver subject to - according to par value 20:422
39:516 On each share 20:408, 412
Corporation incorporated in more than one On par value 20:422
state 30:51o, 527 Option to repurchase stock 48: o30
--on foreign corporation which
Transfer by stockholders has
of merged cor- als
become domestic poration to new corporation 48:Io30
corporation 19:134
Determined by incidents Transfer followingofrescission
tax 48:o030
38:367
Franchise tax on corporations Transfer of no par stock 39:303-305
having n
par value stock 36:6r8; 37:472-474; Value to be assigned to no par value stock
39:291-299; 43: Io4-ro9 for purposes of the tax 37:472
Franchise tax on foreign corporation having
unexercised privilege to do local businessFederal capital stock tax
based on entire property employed in Taxability of business trust as association
state 47: 218-1219 47:716
Federal issue of
Impairment of obligation tax contract not to
discriminate 20:405, 412 Provisions as to issue of no par stock
Inclusion of long-term indebtedness in 39:301-303
measure of corporate franchise tax Levy and assessment
47:r226 Assessment of property of foreign corpora-
License and franchise tax distinguished tion within a state 38:364
Constitutional restrictions: compell
20:490, 503
License tax on foreign corporation meas-assessment of a tax of which the official
ured by capital stock 42:952 doubts the constitutionality 21:438,444
Minimum corporate franchise fee varying -due process of law in assessment
with amount of total issued capital stock 20:320, 327
wherever employed 47:1219, -hearing on tax assessment required by
1225-1226 due process of law 21:285
Municipal " home-rule ": whether violated Discrimination in assessment of value
by state franchise tax 16:592 36:1024
On insurance companies applies only English
to law of valuation for purposes of
premiums paid under subsequent con- taxation in eighteenth century 35:28
tracts 18:233 Intangible valuation based on excessive
Situs of stock held earnings by corporatio33:323

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TAXATION 615
References in heavy-faced type are to LEADING A
CASES. The figure in front of the colon refers in each

Interpleader when same property


Imposing personal assessed
liability for property tax
in two places 25:I74, 197 on nonresident 47: 1225
Mileage basis of apportionment 38:531
Judicial determination of the valid
Remedies for unequal property tax assess-
federal tax before payment
ments 46: zooo-ioo6 45:1221-1226
Special assessment ofJurisdiction
railroad'sof equity right of
when legal remedy
way 21:292; 25:723, 738 inadequate 23:647; 28:6I7, 640
Tax on property assessed against person
Jurisdictional amount in tax injunctio
not owner 17:484 suits in federal courts 48:95-ioI
Taxation of foreign corporation
Massachusetts taxon basis
procedure of
36:774
Meaning ofcapital
market value of outstanding "return" necessary
stockto start
38:365 Statute of Limitations on retroactive tax
True value of realty rather than assessed 48:858
value as measure of deduction
Nature of double in taxing
tax under National Pro-
capital stock 43:839 hibition Act 35:347
Validity of taxes assessed before and
Personal con-
liability for propert
firmed after exercise of eminent domain
ance taxes 44:1265-1270
17:362 Preventing collection of illegal
Valuation of no par valuestitutional
stock 38:365,
taxes 45:501-505
4?5 Priority of existing mortgage over lien
Collection and enforcement real estate arising from taxes on persona
Acceptance of benefits as foreclosing re- property 42:96I
opening of questions of tax liability Prohibiting refund of
48:1325-1328 payer can prove he d
Adjudication by county treasurer that state 50:477-489
had no jurisdiction to tax as res judicata Quasi-contractual liability of municipal
50:991 corporations--recovery of illegally ex-
Adjustment of omitted subsequent taxes in acted taxes 47:1153-1157
redemption of delinquent property Reassessment and increase of taxes t
50:352 pensate for deficits 47: I231-I232
Amendment of tax refund claim after Recovery in quasi contract for tax paid
period of limitation 46:843 under protest to avoid a penalty
Assumption of invalid taxes I8:472 31:898
Carrier as collecting agency of transporta-
Recovery in United States Court of Claims
tion tax 39:403 of taxes wrongfully collected 38: zz1
Effect of court's declaring Recoverygovernor's veto
of illegal and unconstitutional
of a gasoline tax statute unconstitutional
taxes 45:501-532; 47:1235-1236,
4I1:407 1415-z416
Effect of mistake in tax payments Recovery of illegally collected sales tax as-
48:1328-1331 sessed on proceeds of gambling game
Effect of state statute exempting amounts 48:1439
payable under insurance policy on federal Remedies of creditors upon failure of tax
right to distrain 49:660 officials to levy and collect taxes
Election, estoppel, and related matters in 46:1319-1320
federal taxation 48:1281-1333 Requirement of full faith and credit for tax
Enjoining collection of excessive portion ofjudgment of sister state 49:490
discriminating tax 50:535 Res judicata in tax litigation 46:692-696
Enjoining collection of federal taxes despite
-decisions of Board of Tax Appeals
statutory prohibition 49:109-1r6 46:694-696
Enjoining collection of illegal taxes Right of taxpayer to compel collection of
50o:231-235 taxes upon illegally exempted property
Enjoining the assessment and collection of 48:341
federal taxes 37:255 Right to contribution of stockholders com-
Extrastate collection 33:6, 840, 870; 34:54;
pelled to pay tax of dissolved corporation
46:193-225; 47:1234-1235 50:1317
Federal tax lien on income from spendthrift
Set-off of claims barred by limitation
trust exempt by state law 48:1441 48:1321-1325
Foreign tax judgments 50:I149-1150
Statutory conditions governing taxpayer's
General tax to create guaranty fund
action atfor
law as making the legal remedy
local improvement bonds- necessity of
inadequate 39:515
notice to taxpayers outside district
Statutory relief in extraterrit
46:860 lection 48:828-835
Implied contract as basis of extraterritorial Suing in assumpsit for tax for
collection of corporate franchise tax
payment a fine is imposed 2
48:137 Suing in assumpsit for tax whe

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616 TAXATION --TEL. AND TEL. COS.
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume.

method of collection is provided


Distinguished from common carriers
21:283, 295 15:309
Duty
Tax against A on goods of B of telephone
included incompany to maintain
switchboard
A's property list through mistake of connection
law with wires of
23:226 neighboring company 23:54, 69
Obligation
Tax commissioners' judgment: appeal to serve
not all at reasonable rates
allowed 8:427 20:242; 23:648
Tax moratoria 47:1234 Public utility I5:309
Right to contract with com
Lien and priority division of territory 26:761
Constitutional restrictions:Standard statute author-
of care 27:290
izing tax liens 25:95
Regulation
Distinction between priority of taxes and
"debts due the United States" under Commission's order compelling physical
U. S. Rev. Stat. ? 3466 and Bankruptcy connections 27:687; 28:113
Act 38:1065 Disclosure of contents of message
Lien of taxes on land as encumbrance Right of state to regulate intrastate
against buyer i6:405 while under federal control 33:94
Order of priority of federalState taxes statutes held inoperative on inte
and mari-
time liens 38:1061 messages 33:988
Priority of an earlier vested mortgage lien
over taxes at common law 38:1064 Poles and wires
Priority of foreign government allowed Disturbance
on of current by other wires
comity 39:516 4:263-270; 7:235; 8:292, 507;
9:493-06
Priority of taxes not a lien under Ba
ruptcy Act 38:1067 Ejectment to compel removal of wires
Priority of taxes over mortgage liens underI9:369; 20:417
U. S. Rev. Stat. ? 3466 (insolvency Liability for failure
stat-to repair pole used
ute) 38:1065 without authority 48:518
Priority of United Liability to city employee
States in claim for main
tax collector 39:403 of unauthorized telephone pole 4
Property held under a Poles as additional
conditional servitude:
sale sub- fee of
ject to lien for vendee's way taxes
in abutter
4I:8o5 13:57
Right of mortgagee of -on railroad's right of wayto
life tenant 20:501
be
subrogated to tax lien of state against
Liability
remaindermen 50:534 Disclosure of message: illegal transaction
Statute conferring governmental of addressee priority
as defense 28:640
neither creates a lien nor divests pre- Failure to deliver message or to connec
existing liens 39:22-24 45:393
Taxes as debts under United States priority
For delay or non-delivery 15:143;
statute 39:784 I8:234; 24:411
Taxes not a lien under U. S. Rev. Stat.
For transmission of libellous message
? 3I86 38:1070 43: 44; 46: 136-137
Tax liens on land Forged held adversely
telegram causing injury tofor
pur- t
statutory period 32:844, 854 ported sender 48:I02I
Water rents entitled to priority as taxes
Message forged by operator I4:297
22: 40
Mistake in transmission: liability when no
TEACHING OF LAW
damage i6:372
See Law Schools, Study of Law. Of telegraph companies 17:365
TELEGRAPH AND TELEPHONE COM- Suit by addressee as beneficiary on con-
PANIES tract I5:143, 784
Operation Tort liability for neglig
11:480; i5:i43; 19:474; 27:94
Regulation
Poles and wires To suits while under federal control
33:322
Liability
Limitations of liabilty Limitations of liability
Damages In general 28:561-564
Affecting liability in tort to a
See also Burden of Proof, Contracts, Elec-
19:474
tric Wires, Evidence, Interstate Com-
Effect of Mann-Elkins Act upon limitation
merce, Public Utilities.
of liability for interstate messages
Operation 33:988
Contract for exclusive service 21:62 Time for submitting claims, limitation of
Contract to give exclusive connection 11:480; 13:689
23:54, 69, 646 Unrepeated message 15:158; 27:97

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TEL. AND TEL. COS.- TENNESSEE VALLEY AUTHORITY 6 7
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Damages --value of chattels increased by accession


Degree of knowlege on part of company 12:348
necessary to recover full damages -whether created by conveyance "to A
23:408 and B, their executors, administrators,
- cipher message 23:408; 41:256 and assigns" 23:214, 228
--notice to operator of probability of Disseisor sued by one tenant in
damage 2:390; I2:423 alone 20:242
Direct damages, what are I2:423 Effect of co-devis
For failure to send cipher message 41:256vent alteration o
Measure of damages where telegram devises 2I:286
formed a completed contract 30:90 Effect of English
Mental suffering 2:390; 5:41; I7:572; 40:283
30:39I Effect of partition conveyance by metes and
Profits anticipated in speculation 6:5I
bounds 30:403
TENANCY AT WILL AND BY SUF- Ejectment denied o
FERANCE lessee of premises fr
See Landlord and Tenant. 33:482
Lease by one co-tenant: effect as assign-
TENANCY BY THE ENTIRETY ment of his rights to the use of the
See also Husband and Wife. premises 33:482
Conveyance by husband and wife of land
Leases: liability of fir
held as tenants by the entirety common as a for holding over 18:70
fraudulent conveyance 43:312 Lien of co-tenant inferior to prior mortgage
Effect of grantor conveying to himself and lien 27:397
wife as tenants by the entirety 29:201 Parol partition o
Federal estate tax on property of deceasedStatute of Frauds 23:489
tenant by the entirety 44:130 Possession by one tenant: as constru
Interests of husband and wife after equi- notice I8:218
table conversion by contract to sell -liability to co-te
50:842 pation 8:I79; 24:69
Joint bank account: right of husband to-whether adverse to co-te
an accounting against wife 42:580 Power of co-tenant of futur
Liability of wife for fraud of agent in sale obtain partition 50:767
of estate by entirety 44:297 Purchase of outstanding title by one
Murder by co-tenant of tenant by the en- 9:427; 22:64
tirety, imposition of constructive trust
Purchase of property by one co-tenant on
44: 125; 49:728-731 tax sale 39:517
Validity of sale of husband's interest for
Relation between co-ten
support of wife 45:588 ciary 9:427
TENANCY FROM YEAR TO YEAR Reservation, in con
See Landlord and Tenant. be selected: effect 17:494
Right of one co-owner of a copyright to
TENANCY IN COMMON restrain infringement by the other
See also Equitable Servitudes, Joint Ten- 30:91
ancy, Prescription, Taxation. Right of tenant under oil lease from one
tenant in common to compel a partition
Adverse possession: whether infancy of one
tenant protects title of all 10:384 29:788
Sale by one tenant: trover against pur-
whether tenant may gain title against
co-tenant 9:361 chaser 15:585; 25:74I
Assignment betweenTenancy
tenants inentirety
by the common: transform
tenancy
breach of covenant not to in common 23:406
assign by equitable
sion-interests
Choses in action: partial assignor of husband
and as- and
signee 30:646 50:842
Compensation to one tenant
Tenancy under
in common dis-
in firm name a
will
ability for injury from 29:457
elevated railroad
Use
which has run for the of upset period
prescriptive price
21I:371 47:1442
Contribution between co-tenants: taxes Voluntary partition by life tenants:
whether binding on remainderman
Io:63
- unauthorized repairs io:63 26:275
Creation of tenancy: confusion of goods
12:348 TENNESSEE VALLEY AUTHORITY
--grain deposited in warehouse 11:345
Alleged unconstitutionality of Authority as
-sale of goods part of larger mass ground for preferred shareholder's suit
16:587 to enjoin contract with it 49:Ioo4

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618 TENNESSEE VALLEY AUTHORITY -TORTS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

Carriers, Corporations, Husband and


Constitutionality as a power development
program 48:806-815 Wife, Labor Law, Landlord and Tenant,
Master and Servant, Municipal Corpora-
TERRITORIES
tions, Parent and Child, Partnership,
See Constitutional Law, International Law. and Surgeons, Pledges, Pub-
Physicians
THEATRES lic Utilities, Railroads, Receivers, Street
See also Constitutional Law, Licenses, Railways, Telegraph and Telephone
Public Utilities. Companies, Trusts.
Combination of managers to exclude a criticFor particular torts, see Abortion, Abuse of
20:68; 2I:I44 Process, Arrest, Assault and Battery,
Constitutionality of federal tax on the re- Blasting, Confusion of Goods, Conspir-
sale of theatre tickets 41:533 acy, Dangerous Premises, Death by
Injunction against exclusion of critic Wrongful Act, Deceit, Electric Wires, Ex-
29:93, I02
plosives, False Imprisonment, Fires, Libel
and by
Injunction to prohibit resale of tickets Slander, Malicious Prosecution, Neg-
unauthorized broker 45:195 ligence, Negligent Misrepresentation,
Nuisance, Privacy, Right of; Seduction,
Liability of theatre owner for unwarranted
ejection of patron 42:834 Trespass to Realty, Trover and Conver-
Recovery for mental anguish caused sion, by
Unfair
ex-Competition, Waste.
clusion on account of being attiredFor equityinjurisdiction over torts, see Bills
naval uniform 21:541 of Peace, Charities, Equity, Injunctions.
Restriction on the resale For liability
price ofof persons
theatreunder disability, see
tickets 3 7: 125; 40: 1009 Drunkards, Infants, Insane Persons, In-
toxicating
Rights given by theatre ticket 14:455; Liquors.
19:307; 27:495
Theatre tickets as formal contracts: nature Nature of tort liability
and effect I:17, 24-26, 30 In general 44:773-786; 45:209-212
Absolute liability and liability for fault: in
TICKETS what cases each exists 30:319-334,
409-418
See Carriers, Lotteries, Theatres.
- suggested changes in the classification of
TORRENS ACT the cases 30:241-262, 319-334, 409429
See Recording and Registry Laws. - validity and wisdom of absolute liability
doctrine 30:409-416
TORTS Administration of law in tort cases
Nature of tort liability 45:412-422
Liability without intent or negligence
Affirmative duties of occupiers of land
Motive, malice, and intent 39:1r7
Criminal act Analysis of three elements of torts
Liability to stranger for nonperformance 8:377-395
or negligent performance of a contractAviator's liability for injury to animals
Liability of maker or vendor of a chattel from fright 48:223-224
to third person Breach of contract as tort 48:301
Interference with business or occupationCausation 45:416-419
Unusual cases of tort liability - rationale 41:939-941
Defenses Classification of elements o
See also Admiralty, Aliens, Animals, Auto- for damages in tort 8:385-389
mobiles, Burden of Proof, Conflict of Compensation not punishment as aim of
Laws, Consent, Contributory Negligence, civil actions 47:1132-1133
Damages, Dead Bodies, District and Culpable causation as essential elem
Prosecuting Attorneys, Divorce, Duress, tort principles 29:611-612
Federal Trade Commission, Fences, Fires, Definition of the term " tort" and classi-
Highways, History of Law (Torts), In- fication of the subject 30:241-262,
ducing Breach of Contract, International 319-334, 409-429
Law, Joint Tortfeasors, Jurisprudence, Duty to discontinue prosecution upon dis-
Libel and Slander, Licenses, Limitation covery of lack of probable cause 48:855
of Actions, Malicious Prosecution, Mis- Essential elements of torts 8:200-210;
take, Mortgages, Municipal Corpora- 27:239
tions, Negligence, Nuisance, Patents, Estoppel: relation to affirmative duties in
Privacy, Right of; Proximate Cause, Re- the law of torts 26:349, 372
plevin, Self-Defense, Subrogation, Trade Excuse as an element of tort principle
Marks and Trade Names, Unfair Com- 29:612-616
petition, War, Waters. Exploratory trespasses in oil fields-d
For torts in particular relations, see Agency, struction of landowner's opportunit
Associations, Bailments, Bankruptcy, sell speculative rights 48:485-487

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TORTS 619
References in heavy-faced type are to L
CASES. The figure in front of the colon re

Fault as necessary Temporal damage


to astort essential element of
liabili
39:315-318 tort principles 29:609-610
-definition of the Testamentaryfault require
libels 48: Io27
30:258-262 Tort analogy to principle of limit
Fifty years of torts 50:725-748, sponsibility for apparent promises
1225-1248 of contracts 46:33
Incomplete privilege of airplane pilot to "Tort " as at present used 30:249-254
make forced landing 47:345 Torts between persons in domestic relation
Incomplete privilege to violate legally pro- 43:1030-1082
tected interests 39:307-324 Waiver of right to sue for tort 20:66
Instinctive acts: definition of 13:599
- liability for 7:302; 8:225 Liability without intent or negligence
Intended damage as a prima facie In general
tort 7:452-456; 8:174, 224;
20:262-264 II:I96; 15:225; 24:647, 670; 26:53r,
Intentional tort: liability for consequential 559; 31:954-979
injury to third person 14:289; 28:409, Automobile owner liable for injury caused
427 by latent defect 34:564
Interference with rights not causing actual Aviator's liability for injury to pe
damage 4:293; 9:435; 12:284; 13:142 property on earth 48:216-225
Judicial method in the law of torts 35:68 -damage caused by forced landing
Law of torts in British civil law and com- 47:345
mon law jurisdictions 50:1270-1272 Blasting 27:I88
Legal duty: upon what based i6: 33; -joint liability of su
36:838-845 for injuries from
Liability for neglect of affirmative duty --liability of genera
29:52-54 juries from blasting
Liability for non-performance of gratuitous gent sub-contractor 48:860
promise in tort and contract Damage caused by explosion 45:
50:1234-1238 Driving substance on adjoining premi
- tort aspect of violation or repudiation of 39:r16
gratuitous promises 46:22-23 Escape or spread of fire 7:448-449;
Liability in tort for the negligent non- 31:961-962, 969-970
performance of a promise 45: 64-I7I
Exceptions to rule of no liability without
Liability under Spanish Civil Code fault 29:801-804
31:1097 Illegal acts I4:295
Modem
Limitations upon liability for negligent con- tendency 33:550-555
duct - foreseeability, proximate cause,
Necessity of culpa in Scottish law
privity and control 50:1227-1234 50:1271-1272
Mental and emotional disturbance in the Owner of automobile liable for burning o
law of torts 28:359-365; 49:1033-1067; building in which it was kept 33:I 8
5o:732-735 Rylands v. Fletcher 24:412; 3I:960
Moral culpability as necessary to tort lia- - application to acts under public franchi
bility 22:97-113; 3I:954-979 27:393
Moral duty as basis of tort liability-application to landowner permitting
22:109-113 caravan dwellers to use his land
Negligence- subjective or objective 47:1202
41:1-28 - doctrine applied to blasting on land
New definition of a tort, and its application 26:650
12:335-341 - escape of substance brought on premises
Privilege: its meaning and scope 8:2-14; by predecessor 39: II9 134
I6:244-254 -in Massachusetts 8:224
Progress of the law, I9I9-1920 -limits of the doctrine 29:804-
34:388-415 39:r16, 134
Statutory
Relation of criminal statutes to tort liability liability 7:495; 3:960-962,
46:453-477 970-979
Relation of illegal conduct to recovery inUnconscious driver of automobile not liable
actions of tort 28:505, 525 37:163
Right-duty problem 45:413-416 Unusual use of land 22:234
Right to privacy today 43:297-302
Right to recover for shortening of life Motive, malice, and intent
49:482 Drunkenness as affecting intent 15:487
Rights and duties in the law of torts Effect of bad motive in persuading tenants
28:10-14
not to deal with plaintiff 29:344
Risk of harm as basis of tort liability Effect of wrongful motive in sale of land
47:556-557 26:740, 764

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620 TORTS
References in heavy-faced type
CASES. The figure in front of the

Intent: distinguished
Nonfeasance by contracting party from
as basis
20:256-259 for action 16:456
-its place in primitive tort law Pedestrian injured by st
31:954-962 ure to perform contrac
- its place in the law 8:1014 ing sidewalk in repair 25:738
Waning
Intentional infliction of harm without justi- fetish of privity 5o:1232-1235
fication 27:394; 38:99I
Intentional infliction of nervous shock Liability of maker or vendor of a chattel
49:1045-1064 third person
- action for slander compared In general 6:26i; I5:666; I8:318; 19:372;
49:1047-1048, 1055-1064 27:29I; 29:53
Liability for insulting language Applicability of doctrine to landlord an
49:1049-1055 tenant 35:660-665
Malice: nature and effect of 2:22-27; Class reasonably likely t
8:2-10, I8o; 9:362, 405, 549; 11:405, liability to members o
452-457, 461-462; I5:223; Directions for excessive dose on bottle of
i6:244-246; I8:411-422 patent medicine 3:227
Mistake: nature and effect of Effect of subsequent party's fai
15:335-352; 16:309 form duty of inspection 36:762
Motive: as an element in torts; general dis- English law as to manufacturer of foods
cussion 22:501-519 46:530
- effect of bad, on act Explosion of ginger beer bottle
otherwise lawful27:98
22:616; 26:740, Liability for764
injury from defective automo-
bile wheel
Rebuttal of justification 29:866, 886
of interference
with right to form Liability of manufacturer
or maintain business of
relations 20:451-455 part 46:163
Manufacturers of tobacco 32:89
Criminal act Sale by distributor as his own product of
Criminal statutes and tort liability - neg- food packed by another 49:663
ligence per se and liability without fault Sale of pork infested with trichinae
46:457-465 49:I379
Effect of violation of statute prohibiting Some recent developments 40:886-89r
employment of minors in elevators Tests as to what chattels are within rule
28:433 17:274
Effect of violation of statute prohibiting Treatment of liability as exceptional
sale of firearms to minors 28:435 49:1050-1051
Liability for consequences of, in general Vendee's knowledge of defective condition
I5:225 49:493
Liability for harm through failure to per-Waning fetish of privity 5o:1232-1235
form statutory duty 26:531, 559
Tort liability for violation of criminalInterference
law with business or occupation
3I:806; 45:594 Blacklisting: how far lawful 17:139
Trespasser on the highway doctrine-a Causing workmen to cease work by threat-
Massachusetts anomaly 46:319-325 ened imposition of fine through medium
of labor union 22:234
Liability to stranger for nonperformanceClosed market and union sh
or negligent performance of a contract I8:444-451
Act imminently dangerous to life 8:291 Combination of publishers to force whole-
Class reasonably likely to be affected: suit sale news dealer to cease supplying re-
by member of class 8:291; 9:224; tailer 37:163
Io:19I, 529; I6:I33 Combination of w
Damage suffered after completion of work: to plaintiff I5:402; 39:517
liability of contractor 8:290, 291; Competition between wholesaler an
I0:19I tailer 25:296
Failure of water supply in case ofDamage fire to busin
I3:226; I5:784; 20:242 ful act 27:290; 41:263
Liability of independent contractor after Damage to contract right by
acceptance of work 45:195 of third party 24:397, 4I2
Loss of mail-matter by railroad:Damaging liability exercise of a qualified rig
to owner I6:219 20:269-276
Negligent cooperation Decisions based
in on catch words 37:143
performance
4I:398 Effect of bad motive 38:121
Negligent performance of a service cul- Effect of strike-exemption clause
minating in a certificate on which for causing third party to break
stranger acts to his detriment 36:II3 with plaintiff 3 :1020

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TORTS 62I
References in heavy-faced type
CASES. The figure in front of the

Enjoining the violation


Sherman of
Anti-Trust Act of labor union
as being an for boycotting
unfair 21:450
method
42:693-696 Liability of bishop ordering m
Forgery of telegram causing injury to pur- his faith to boycott plaintiff's
ported sender 48: I03 29:886
General discussion of law in New York Liability to candidate for neglige
I8:423-443 tion of voting machines 48:1443
Inducing breach of contract: as distin- Nature and scope of rights of trader and
guished from causing the breach laborers I6:237-254
36:678-686 Nature of trade secrets an
- by strike to enforce award of tribunal 42:254-258
for arbitration 39:Io5 Passing off defendant's goods through
-history of the action 36:663-672 plaintiff's exclusive dealers 45:940
-inducing anticipatory breach 44:306
Pecuniary inducement 20:267-268, 277
-limits of the action 36:696-702 Persuasion 20:266, 267, 277
- malice as an element of the tort Picketing in protest against refusal to
36:672-686 Negro help 48:691
-when knowingly causing a breach Piracy of news 32:566, 582
36:349 Preventing plaintiff from performing c
Inducing modification of contract by threat tracts 1:469; i6:6oo
of boycott 42:960 Price-cutting as a tort
Inducing sale of judgment as injury to399
lawyer contractually interested in to
Refusal of manufacturer realiz-
sell to retailer
ing upon the judgment 34:682 29:77, 34I
Injunction, remedy by 11:469; 16:71,Refusal to work, conditional 20:268-276
600 Restraining illegal professional competitio
Intentional interference with expectation 47:1202-1205
of a gift 48:984-987 Social ostracism 20:267, 277
Interference with contract relations
Strikes and boycotts 34:880
41:745-762
- secondary boycott: whether prima fac
- contracts terminable at will 4I:742-74529:86
tortious
-elements of the tort of interference
- threatened strike
41:732-742reach another 22:458
-equitable servitudes on Threatened chattels, saleanal-by ticket brokers
ogy of Lumley v. Gye 4I:969-977 transferable tickets, enjoining of
-inducing breach of contract 21:365
4 :728-730 Tort aspect of anticipatory rep
-interference apart from inducing breach of contracts 41:340-376
41:730-732 Use of stranger's influence 20:27
-justification or privilege 4I:745-762 Using personal influence to attrac
- table of cases 4I:764-768 tomers to one's own shop from an
Interference with right to form my'sor main-
shop, for the sole purpose of
tain business relations, whening actionable
the enemy, as an actionable tor
20:253-279, 345-362, 429-455 22:616
-negligent interference with probable
"Yellow ex- as a bar to the
dog" device
pectancy of business 27:689 union organizer 4I:770-775
-prima facie tortious interference
20:264-279 Unusual cases of tort liability
- right to form or maintain business rela-Action for inducing breach of contract to
tion not absolute 20:259-262 marry 31:900
Justification: in general 8:2-14; Aiding or induc
I6:244-254; 37: 44 ment of judgment 10:5I9
- by " direct trade interest " 37:163 Assisting public officer to profit by breach
- immediate or ultimate object as test of duty 7:243
i6:246-248 Child injured by wild a
--interpretation of English Trades Dis- 30:270, 294
putes Act of 1906 28:215 Damage from natural condition of adjoin-
- means by which object may be attained
ing premises 27:769; 39:r17
I6:249-254 Damage to contract right by act of third
- motive as affecting justification 2:27;
party: seduction of fiancee 27:689
7:I80; 8:499; 10:447; zI:405, 452-457;
Damage to tenant of lower floor by over-
i6:244-246, 299; 37:144 flowing of cistern on upper floor 12:285
- objects that may justify interference
Destruction of will leaving a legacy to the
I6:246-249; 23:154; 37:I44 plaintiff 30:527
Liability for treble damages under Duress
the as a tort 39:108

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622 TORTS
References in heavy-faced type
CASES. The figure in front of the

Employer's right with plaintiff toto reimb


buy such articles ex-
tortfeasor for clusively from him 23:230
compensati
employee under Suit by wife for Workme
causing imprisonme
tion Act 28:307, 333 husband 28:5zr, 530
Fraudulently inducing criminal
Tenant act 13:215
holding over causing
-plea of guilty 8:357 tract between succeeding t
Inducing breach of contract assignee
between 38:991
prin-
cipal and agent 37:509 Third person's acts in
tract in
Infant's recovery for tort of parents with
re- defendan
fusing to recognize child as legitimate and 10:252
fraudulently inducing third person
Trespass to
by airplane 32:569
claim paternity 4I:I03 Trespasser on railway train injured by
passing wire
Insult to guests, liability of proprietor of a 30:519
public resort for I8:153 Unborn children: actions under statutes for
Knowingly and unlawfully causing the to mother 15:313
death by injury
Unrecorded
plaintiff to expend money to prevent mortgage
lia- extinguished by sale
for value, without notice I3:415
bility under an indemnity contract
29:559
Defenses
Liability for fire loss caused by injury to
third party's hose 28:511, 525 Accident: in general 5:36; 8:51I; 30:326,
Liability for inducing breach of trust 327-334,409-418
23:153 - in the early law 22:98-100
Liability for negligent dissemination of Action in obedience to military comm
known falsehoods, resulting in physical 38:532
harm 35:348 Assumption of risk by one endeavorin
Liability for negligent save defendant from danger 36:486 to a
injury
relation 40:302 - by voluntary spectator at unlawful ex-
Liability of agent hibition to principal 20:156 for ne
gently publishing - a
in aviation
libelaccidents 48:222-223
contained in le
ter from principal to agent 33:Io6 -two meanings of voluntary assump
Liability of occupier of land for escape of of risk 47:558-559
substance brought on premises by tres- Aviator's privilege to make
passer 39: 19 48:220-221
Liability of Breach of child labor statute: whether drive
unconscious ac-
bile 37: 63 tion barred by deceit of child
Malicious alienation of child's affections 26:646, 66o
40:771-774 Carrier's duty of care to passengers as justi-
Malicious interference with social relations: fying injury to non-negligent third per-
forbidding employees to visit plaintiff son 44:303
40: 022 Contributo
Maliciously persuading sovereign to act, allowing co
whether actionable 22:615 railroad 47:1446
Mental anguish caused by practicalDischarge joke of one joint t
34:337 ervation of rights aga
Negligence of attorney in failing to bring Growth of concept of in
suit within statutory period 33:605 5o:1242-1a24
Negligent mutilation of dead bodies Illegal act of plaintiff x8:50-61i8; 27:93,
28:322 338-342; 28:320; 39:zo88
Nervous shock from fright caused byIllegality of alien's entrance into country
spoken words 33:324 47:520
Operation of pile driver 36:629 Immunity of state 30:20-8; 38:995
Preventing beneficial act by third person
Incomplete privilege to violate another's
not owing duty II:272; 12:130 legally protected interest of property or
Recovery by person falling from vestibule personality 39:318424
of train where he had been seen byIndemnity
the bond: existence of, as
conductor clinging to the hand bars tort action 19:138
30:289 Injured person riding on a
sued contrary to law 29:785
Recovery for mental distress without phys-
ical impact or injury 46:164 Injury to driver of improperly register
-nervous shock caused by fear of injury
automobile 38:531
to third person 38:687 Interference with busines
-recovery for mental distress justification
caused by or privilege 41:745-762
non-delivery of corpse 42:284 Interference with contract relations: justi-
Sale of articles with knowledge that theyfication or privilege:
will be used in violation of agreement
- privilege not to deal 4I:762-754

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TORTS--TRADE MARKS AND TRADE NAMES 623
References in heavy-faced type are to LEADING ARTICES; in italics to NoTEs; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

-privilege of competition 41:754-762 In general


-privilege to discipline, to appeal to au- Developments in the law: unfair competi-
thorities for redress, or to act in perform- tion- 1932 46:rr171-202
ance of duty 4I:751-752 Effect on possible equitable serv
-privilege to give disinterested advice 41:1005-1007
chattels
41:749-751
Recognition of legal rights in i
-privilege to interfere to protect a con-
What goods are of " same desc
erties " under Trade Mark A
tract right or a property right
4 :746-748 46:1178-1180
Wholife,
- privilege to interfere to protect may oppose registration
rep-
utation, health 41:748-749 Mark Act 46: 175-1178
Justification for injury 8:390-395;
4I:553563 Nature
Justification in proper motive 29:886 Cases analogous to trade marks
Justification of trespass on defendant's 4:324-331; I3:685
dock by showing it was to escape violent
Comparison with the law of unfair compe-
storm 22:296, 310 tition 38:370,405
Killing dog who has bitten
Effect to
of ascertain
confiscation of tra
rabies 29:558 country where the goods
Mistake 30:326-327 right in the trade mark w
-non-negligent mistake 16:309 are sold 21:36z, 373
Nuisance created by plaintiff as defense in"Form of advertisement ":
action for negligence 47:536 in Massachusetts statute 15:228
Owners' immunity under guest statute Historical
ex- bases 40:813-816
tended to servant 50:1324 Name representing fiction created for b
Private necessity 23:490 ness purposes I9:629
Privilege to enter premises of another
Nature of right in business
39:309-311 io:286-295; 27
-to inquire about cattle unlawfully im- Nature of right in trade
pounded when owner of land expressly Orchestra: assignability of
forbids entry 40: I02 I 11:I31
Owner's to
Privilege to injure property of another use of registered trade mark as an
save life or other property 39:311-313
unfair method of competition 43:839
Present
Self-protection as defense for damage to a basis 40:816-819
stranger 7:302; I3:599 Purchase of name by corporation for
Set-off of payment made by oneposes of unfair competition 28:
not liable
for the injury 49:160 Situs of property right in trade mark
Statutory authority to erect dangerous 21:36 , 373; 24:I62
agency 30:377, 404 Territorial extent of protection of
Statutory extension ofmarks the scope 41:408
of de-
fenses in civil libel 43:126-131 -of trade names 46: x86-Iz88
Void law as justification for false imprison- Territorial limitation 27:190, 399
ment I3:407 Trade mark statutes of the world 36:7
Whether Traffic in trade
compensation symbols emplo
from 44:1210-122
der Workmen's Compensation
Transfer Ac
of trade mark by alien proper
recovery from custodian 43:636-641
negligent third pers
Whether any property right in a
TOWAGE 32:86 mark 27:143-146
See Admiralty, Maritime Liens.
Marks and names subject of o
TOWNS Corporate name 25:184
See Municipal Corporations. Descriptive words I2:349; 2I:361, 373
33:617
TRADE ASSOCIATIONS -in foreign language 24:246
Arbitration provisions 47:593 Family names: scope of injunction 38:405
Functions in enforcement of NRA codes Fancy words 8:5I
47:96-98
Geographical names I2:34
Trade associations and the NIRA 18:234; 27:141
47:464-466 Name of a patented article 27:I89
Personal names I8:56, 318; 19:141;
27:142
TRADE MARKS AND TRADE NAMES Infringement
See also Constitutional Law, Equity, In- Affixation of trade mark to exports shipped
junctions, Partnership, Taxation, Unfair to owner of mark in country of destina-
Competition.
tion 46:1180

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624 TRADE MARKS AND TRADE NAMES --TRANSFER OF STOCK
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Audible similarity without fraudulent in- blance of goods, not their marks
tent 28:215 20:625-626
Bases of protection: action
For profit due to infringement o
40:819 29:763, 792
- arbitrary or fanciful trade marks 40:826 For profits due to infringement which has
- common or semi-descriptive trade marks not deceived 20:620-633
40:826 For profits from sales to mi
- competing and non-competing goods know the infringement 20:629
40:825 Measure of profits to be accounted for
- equity theory of property 40:819 20:632; 38:1120
-suggested basis of preservation of Recovery of infringer's profits during
uniqueness 40:830 period when trade mark owner made no
sales but only
- trade marks appurtenant andto date
in of appointment
gross of
40:822-824
a distributor 45:752
- unfair competition 40:821
TRADE SECRETS
Basis and extent of protection apart from
statute 4:321-332; 5:139-145; 9:291, See also Injunctions, Master and Ser
363; io:286-295; 12:349; 14:622; Acquisition of dominating patent by p
to whom secret was disclosed in confi-
i6:272-290; 20:620-621
Damage to good will rather than deception dence during negotiations for manufac-
of public 27:146-150 ture 43:970
Equitable protection of trade List name of wherecustom
no actual competition 26:442, 462 30:655
Extent of protection to which a purchaser Nature of right acquired by purchaser
is entitled after a transfer of a trade mark 17:206
by the alien property custodian Nature of trade secrets and their protection
43:636-641 20:143, 156; 42:254-258
Injunction against infringement of design Property which passes to trustee in bank-
29:763, 792 ruptcy 36:878
Protection based on confidential relation-
Injunction against use of words or symbols
already used by rival 5:139-145; ship 42:255
23:572; 27:99 Protection based on contract 42:255
Limitations on the use of one's own name Protection based on property 42:256-258
46:1181-1182 Protection in equity: in general
io:295-296
- injunction against deceptive use of one's
- basis of jurisdiction I1:262
own name I2:243-261
-use of family name-extent
to receive of 19:537
public:
scope of injunction 38:405 Recognition of legal righ
Protection of corporate names 47:1423-1424
46:1184-1186 Remedies for divulgence 24:69
Rational basis of trademark protection
TRADE UNIONS
40:813-833 See Arbitration and Award, Associat
Revocability of license to use another's
Constitutional Law, Federal Courts
name 46:1182-1183 legal Contracts, Injunctions, Labor
Right of exclusive selling National agent
Industrial to relief
Recovery Act, P
against other sales of ess, genuine
Restraint goods
of Trade,underTorts, Un
manufacturer's trade mark 49:846 Competition.
Territorial extent of protection of trade
name 38:839 TRANSFER OF STOCK
The Eau de Cologne case 43:636-641 See also Brokers, Corporations (Capita
Use of trade mark on genuine goods stock, and dividends), Gifts, Specific P
35:624; 36:629 formance, Taxation, Wagering Contra
Defenses Application of Uniform Sales Act 44
Effect of fraudulent advertising by plain-
Assignee's rights: whether lost by acqu
tiff on right to injunction 31:889, 900cence of assignee I6:449
Failure to comply with state statute as bar Assignment: liability of assignee
to relief against unfair competition stock 15:844
30:528 -right of assignor
Participation in illegal enterprises as bar to transfer 10:382
relief against unfair competition 25:481 Attachment by creditor of transferor:
rights when transfer not recorded
Accounting I6:3r2
Accounting for profits from sales in non- - rights when transfer not recorded, where
competitive territory 4I: io6 creditor has actual notice 18:473
Apportionment of profits due to Attachment resem- of stock in domestic corpora-

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TRANSFER OF STOCK-TRESPASS TO REALTY 625
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to REC
CASES. The figure in front of the colon refers in each instance to the volume.

tion held outside state by nonresidentRescission of transfer of stock in


33: o9 corporation 20:413
Certificate indorsed in blank: rights of pur-Restraint on alienation of
chaser from agent I5:403 shareholder in coopera
Closing out accounts in margin transactions 49:158
43:628-631 Restrictions upon the tr
Colorable assignment to qualify assignee as shares of stock 42:555-559
director: rights of creditor of assignee Right of one who has advanced money o
27:690 a forged certificate 20:230
Contract restraining alienation of shares Right of transferee of certificate issu
20:328 excess of charter limit of stock 30
Contribution between owners of stock Right of vendor of stock, untransferre
wrongfully pledged I 7:565 books, to charge broker, acting for
Conversion of stock: measure of damages assigning to an undisclosed principal,
7:243; 9:485; 10:312 calls on stock 30:656
-purchase and transfer of stolen stock as Rights of a bona fide pledge
a conversion 47:885 stock to dividends under the
-refusal to transfer as a conversion Stock Transfer Act 42:954
38:829 Situs of stock for purpose of administrat
- wrongful transfer on corporation's books 25:719, 739
as conversion under Uniform Stock
Stock exchange: methods of effecting pur-
Transfer Act 47:I070 chase and sale of stock 8:435-456
Delivery of certificate as estoppel against
Tax on transfer according to par value
bona fide pledgee 49:161 20:422
Dividends: whether these pass asTaxincident
on transfer of each share 20:408, 412
to transfer of stock i6:406 Tax on transfer of no par value stock
- effect of date of closing of stock transfer 39:303-305
books 38:245, 26I Transfer to trustees with power to vote
Effect of a purchase by a corporation of
29:433, 453
shares of its own stock 4I:657-66I
Whether within Uniform Sales Act
Forged transfer registered by corporation: 45:1413-1415
liability of transferee I6:228; 17:I40,
TRANSFER
373-378, 54-548; TAX I4
19:
See Inheritance
Fraudulently induced sale of stock: Taxes.meas-
ure of damages 20:235
TREASON
Gift of certificate: whether implied power
of attorney 9:488 See also History of Law (Evidence).
Concurrent jurisdiction
Individual liability of stockholders as of state and United
af-
fected by I8:455 States to punish treason 33:IIo
Naturalization
Jurisdiction in rem to enjoin in enemy's
sale ofcountry
stock as de-
fense
in domestic corporation 16:450
pledged with
nonresident outside Punishment for brea
state- effect of
mitted Act
Uniform Stock Transfer abroad 30:194
46:327
Resident alien's
Jurisdiction to determine duty of allegiance
ownership of w
natural sovereign
stock in foreign corporation 30:486,occupies
516the terri
Liability of stockholders for par value 21:64 of
TREATIES
bonus stock issued as fully paid 38:1112
Margin transactions: See whether
Constitutional Law, International Law
broker,
pledgee, or vendor TRESPASS7:I83;
AB INITIO 15:78
Married woman estopped to deny validity
of transfer I7:57I See History of Law (Property).
Nature of rights transferred by stockholder
TRESPASS DE BONIS
I :536-538
See History of Law (Common-law ac-
Negotiability of stock certificates I5:403
Refusal by corporation to pay transfereetions), Judgments, Larceny.
because of transferor's indebtedness TRESPASS TO REALTY
24:682
See also Animals, Bills of Peace, Blasting,
Registered bonds and negotiability - simi-Damages, Dangerous Premises, Eminent
larity to problems of share transfers
Domain, Equity, Injunctions, Landlord
43:741, 773-774
and Tenant, Limitation of Actions, Oil
Registered owner's right of indemnityand Gas.
against transferee as affected by sub-
transfer 39:123 What constitutes a trespass
Registration on corporation books: effect
in general 2:155-156
Accident: runaway horse 8:5II
Airplane 32:569

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626 TRESPASS TO REALTY --TRIAL
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume.

Aviator: forced landing 47:345 dicial Notice, Jury, New Trial, Presump-
-liability for damage done without fault
tions, Witnesses.
25:486
In general
-liability for injuries to persons and Evils of adversary system of litigation
property on earth 48:216-225 49:1387-1389
Compensation for trespass justifiedRight by of attorney to continue in case after
necessity 23:490 testifying for client 48:I40
Conditional vendor's Trial
entry toVanzetti
of Sacco and retake chat-
47:538-542
tel upon default 47:884
Encroachments above and below surface of Modes of trial
land 6:Ioo; I9:369 Advisability of trial by jury in civil and
criminal
Entry upon premises of contempt cases
another 2I:171-174
to recover
Compulsory
property wrongfully heldreference
by the for a land-
preliminary
hearing:
owner when landowner power of federal
expressly courts to make
forbids
entry 40: 021 34:321, 338
Forcible eviction Compurgation
of trespasser I5:695-701 by
21:295 Discretion of court in federal courts
Horse straying on highway 33:470 35:602
Landowner's rights in airspace Duel I5:693-695
50:728-729 Growth of trial by j
Right of police to enter private property to Io:150-160
prevent reasonably anticipated breaches Jury in early trial I5:701-706
of peace 49:156 Jury trial in contempt cases 36:1012-1016
Lawless methods
Trespass on defendant's dockemployed
to escapein trials by
vio
lent storm 22:296, 310 judges and public prosecutors 33:956
Ordeal I5:692-693
Equitable relief Present mode of jury tr
Enjoining trespass on foreign jurisdiction 29:399-403
20:329 Proceedings in camera: right of court-
martial to hear criminal case in camera
General attitude of equity towards granting
injunction i:123-125; 34:389-390 30:771
Overhanging building: injunction: balanceReversals in Illinois criminal cases
of convenience 14:300 42:566-570
Right of a defendant in a criminal prose-
Who may sue cution to make the closing argument to
Cemetery lot: action by owner against the jury 35:86
owner in fee 12:438 Trial by combat an
Constructive possession without phasis
titleon issues in c
14:389 rier to effective jud
Limitation of action in case of continuous governmental reg
trespass 34:337 Trial in early Engli
Mortgagee with right of entryI5:691-7
at tim
trespass 19:307 Trial of petty offen
Possession as necessary to action and
jury: England of t
pass 29:517-520 39:921-9
Reception
Wife in possession of evidenc
during husband's
sence 14:389 Contracts to alter the rules of evidence
46:138-143
Damages Decision of foreign inferior court as proof
Exploratory trespassesof foreign law in 16:452 oil fi
48:485-489 Legislation qualifying the inte
TRIAL vivor as a witness 46:834-838
In general Preliminary examination in presence o
Modes of trial jury concerning qualifications of ch
Reception of evidence witness 46:1154
Taking case from jury Present methods unsa
Trial without jury 29:39940
Province of court and jury Reading reports of ve
Province of court and jury: particular 8:288; II:479
questions Use of answers to interrogatories at trial
Instructions i6:194-195
Verdicts Taking case from jury
See also Appeal and Error, Constitutional Compulsory nonsuit 3I:687
Law, (Trial by jury), Contempt, Courts, Demurrer to evidence 4:162-163;
Criminal Law, Discovery, Evidence, Ju- 15:738; 3I:683-684; 37:763

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TRIAL 627
References in heavy-faced type are t
CASES. The figure in front of the colon

Directing verdict
- application on evidence
to written instruments gen-
erally 46:1087-1093
presumption sustaining the b
proof 34:683 -historical basis of distinction between
Directing verdict law and on factevidence
46:1086-1087 su
burden of proof 12:433 Greater power advocated for the trial
Direction of verdict 31:686-687 29:400-402
History of jury's right to decide questions
Effect of both parties moving for a directed
verdict 33:246 of law in criminal prosecutions
Evidence on appeal 31:689-690 23:123-131
Judgment on evidence nothwithstanding
Judging the fault issue in negligence cases
the verdict o5:1048-1051 46:453-465
Motion for judgment notwithstanding the
Judgment notwithstanding the verdict
verdict 31:688-689; 37:763 33:246-248
Power of legislature to prohibit Legislation
directedextending judicial notice to
verdict 37:5Io foreign law 46:1019-1022
Right of court to Mixed direct
questionsverdict
of law and fact 10:
Right of court to force4:169-170;
jury to I5:271-280;
find ver 19:4
according to direction 8:499 35:431
- interpretation of statutes 15:278-279
Trial without jury - necessaries 4:168-169; I5:274-275
Constitutional in case of public torts-negligence 4:169-170; I2:457-460;
35:464 15:271-280
Effect of incompetent evidence I2:14I -propriety of term 4:169-170;
English wartime legislation 33:245 i5:271-280
Federal condemnation proceedings and the Origin of rule that probable cause is ques-
Seventh Amendment 41:29-50 tion for court 4:164
Necessity for jury trial to determine viola-
Power of court to direct ve
tion of condition of suspended sentencePower of judge to comment on
40:133 II:52; 3I:IOII; 50:1045-1046
Right of successor to continue trial from
- English and American practice 8:495
point at which retiring judge left off Preliminary questions of fact in determin-
41:538 ing the admissibility of evidence
Waiver of right to a jury of twelve in 40:392430
criminal trials in the federal courts Presumptions: relation to law and fact
44:124 4:166-177
Province of court and jury Province of jury 31:675-678
Comments of court on the law and evi- Question of fact: nature and definition
dence in a criminal case amounting to 4:150-152
coercion of the jury 34:442 Question of law: nature and definition
Competency of witnesses depending on 4:153
main issue 24:677; 30:87 --whether ever decided by jury
Construction of writings for court 4:170-171; I5:271-280
4:160-161 - whether logical connection a question
Control of jury by court 31:678-691 fact for the court 27:490
Court's power to define legal terms Questions for court: whether necessarily
4:161-162 questions of law 12:545-552
Court's power to judge whether verdict is -whether sale was procured by e
reasonable or not 4:167-169 agent 2I:297
Court's power to restrain publication of
Questions of fact
testimony 7:179; Io:176 cussion 4:148, 159-169, 171-172
Court's power to shape pleadings- admissibility of confessions I3:60;
4:163-165 15:I55
Criminal cases: even where facts are undis- opinion by jury 4:172-175
--advisory
puted court cannot direct verdict of
Reading opinion on former appeal to judge
guilty 35:432433 within hearing of jury 49:664
Defense of entrapment
Reasonableness46:848
of license charge on tele-
Determination of preliminary graphquestions
poles of
17:60
fact 43:165-191; 5o:913-918 Reasoning processes distinguis
Duty of court to instruct witness concern- and fact 4:153-159
ing privilege against self-incrimination
Right of appellate courts
33:119 ment notwithstanding v
Examination of witnesses by court in 27:29I
Abrams Case 33:747-774 Right of civil jury to judge law 1:479
Functions of judge and jury in interpreta-
Right of court to question witnesses
tion of statutes 46:1086-1110 13: 44; 25:394

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628 TRIAL- TROVER AND CONVERSION
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTES; and in p
CASES. The figure in front of the colon refers in each instance to the volume.

Right of court to reopen case on its own


agreement between prosecution and de-
motion 42:445 fense 40: 33
Tendency to leave Special verdicts 4:165-166;
questions to 25:394
jury
35:431 -at common law and under codes
Validity of statute prohibiting directed ver- 5o:1046-1048
dict 37:5Io Successive verdicts: setting aside second
What questions verdict for are
the same partyfor
as against the jury
169, 171-172 weight of evidence 34:678
Supervision by court 4:167-169
Province of court and jury: particular Unanimity of jury upon grounds of verdict
questions I8:547
Construction of writings 4:160-161 Unnecessary statement in verdict as evi-
Contributory negligence: when facts un- dence of jury's adoption of erroneous
disputed 11:65 measure of damages 37:51o
Foreign law 4:171-172; 20:575 Validity of verdict by incompetent
Insanity 4:169-170 II:545
Interpretation of statutes I5:278-279 Validity of verdict rendered after discha
Necessaries 4:168-169; I5:274-275 of jury 24:507
Negligence: in general 4:169-170; Verdict of nominal
12:457-460; I5:271-280; 29:46-50 entitled if at all to
-when facts undisputed Ir:65; I2:571; 46:852
I4:549 TROVER AND CONVERSION
Ownership 4:169-170 See also Brokers, Carriers (Goods: bills
lading), Chattel Mortgages, Damages
Probable cause in action for malicious
prosecution 4:164 History of Law (Common law action
Proximate cause: foreseeability Liens, Pledges,of inter-
Quasi Contracts, Ten
vening force 33:652-654 ancy in Common.
-when facts undisputed 11:65;
I2:57I What constitutes conversion
Proximate consequences 33:639-640 In general 2I:408-415; 31:662
Appropriation by railroad of coal shippe
Instructions over its lines to contract of its own with
Possibility of misconduct by jury as ground consignor 33:605
for holding erroneous instruction unfa- Bailee violating terms
vorable 46:1346 Bailee's unauthorized improvement of
Upon presumptionsbailed and chattel
burden 43:1315
of proo
47:59-83 Broker's liability for sale of
Verdicts holder of certificates endor
Affidavit of juror to impeach verdict to whom they had been deli
38:267 owner for a special purpose 22:616
- to show " chance " verdict 29:885 Carrier innocently transporting goods
Correction of records 24:162 wrongfully shipped 14:233
Disparity between insured's claimCheck, collection of, for holder not enti
and ver-
dict as conclusive evidence of fraud 8:235
50:136 Conditional vendor's retaking of chat
Effect of sealed verdict 12:143, 345 upon default by tortious means 47:
Failure to make a finding on certain counts Denial of access to premises upon whic
as an inconsistent verdict 37:627 chattel lies 27:190
Five-sixths verdict: different jurors agree-Destruction or further c
ing on different findings 40:916 erty by pendente lite
Inconsistent verdicts in civil trials of tort 47:1029-1030
against master and servant 45:939, Exchange of securities by pledgee: whether
I230-1236 impairment of pledgor's security need be
-inconsistent verdicts on two causes of ac- shown 29:107
tion based on same facts and tried at one Factor's liability f
trial 48:521 parent owner 27:100
Joint tortfeasors: Failure toseverance
return on dem
29:344, 793 curities which had been
Juror's statement of illness after order to larger amount 40:3I4
record verdict as a dissent 47:7I7 Instigator of wrongful sale
Power of court to declare mistrial after 8:121
Intent to deprive permanently of all rights
verdict of acquittal has been received and
filed 40: I33 in chattel as an element of conversion
Power of court to set aside a verdict of 2I:409-415
Liability
acquittal based on a misunderstanding of for fraudulent sale of pledged

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TROVER AND CONVERSION -TRUSTS 629
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain ty
CASES. The figure in front of the colon refers in each instance to the volume.

Conditional
stock at inadequate price after maturity sa
of debt 29:339 14:75
Liability of infant
Conversion
for of stock
injuryby pledgee 7:243;
to hire
motor-car during intentional deviation 33:474
Improvements to converted property
28:521
Married woman consumingI8:305; goods
20:227, 236obtai
by void contract 11:481 Physical interference with chattel as ele-
ment of conversion 2I:408-409
Misdelivery by involuntary bailee
Pledgee tortiously disposing of stock
35:873, 890
Money: theory of conversion aspledged
applied7:243;
to 9:540; o0:65
I9:55 Right to return converted propert
Pledgee violating terms of pledge 9:289,
mitigation of damages 26:764
540; Io:65; 11:20I; 13:55 Severance of timber: innocent purchaser
Purchase and transfer of stolen stock 8:508; I2:218
47:885 -innocent trespasser I: 527
Refusal by corporation to transfer shares Wilful and innocent converters 15
on the books 38:829
Effect
Refusal to deliver damaged of without
goods judgment and of satisfa
payment of freight 20:146 thereof
In general 8:z73; 16:131
Repledge vesting in repledgee no greater
Judgment against one of several w
property interest than that of repledgor
50:375 doers 3:327-328
Repledging by order of fraudulent pledgorJudgment against sole
26:660 possession 3:326
Repledging for a greater amount 45:1264
Judgment in trover as b
Sale of chattel by conditional vendee goods converted 16:31r
29:217 Possession changed before judgmen
Shares wrongfully transferred by trustee 3:327; 8:173; 11:64
9:485; 10:312 TRUST DEEDS
Threat to sue owner for damages caused ifPower of attorney considered as trust
owner removed leased chattel from
premises 40:509 TRUST RECEIPTS272
Unauthorized use of architect's ideas
See Chattel Mortgages, Recording and
40: 017 Registry Laws, Sales.
Vendor of chattels left in possession resell-
ing II:418 TRUSTEE PROCESS
When demand See Garnishment.
and refusal n
cent purchaser from con
I5:590 TRUSTS
Wrongful transfer of stock on corporation's
In general
books under Uniform Stock Transfer Act Nature of the trust relation
47:Io70 Creation and validity
Who may sue Cestui's interest in the res
Action for conversion of one taken fromAppointment and removal of trustees
land in another state 34:90 Following trust property
Powers and obligations of trustees
Bailee: suit against third person 6:156;
I3:4II; 15:585; 31:1028 Rights and liabilities of third parties:
Bailee at will for conversion occurring other than purchasers
after loss of possession 26:381 Rights and liabilities of third parties:
Bailor: suit against converter from bailee purchasers
6: I56; I5:585 Restraints on alienation of cestui's in-
terest
Possessor without title 13:607
Failure of trust
Purchaser from bailor after conversion by
bailee 5:347 Resulting trusts
Qualifying as plaintiff Cy pres doctrinein an action fo
Termination
conversion 49:1084-1109
Time of accrual of action in favor ofSee also Assignments for Creditors, Associ-
holder
of future interest in personalty for ations,
con- Bankruptcy, Banks and Banking,
Charities, Conflict of Laws, Construc-
version by holder of life interest 21:542
tive by
Vendor of chattels under sale induced Trusts, Corporations, Equity, Exec-
fraud I:4 utors and Administrators, Future Inter-
ests, Joint Tenancy, Public Officers, Rule
Damages against Perpetuities, Statute of Frauds
(Trusts), Taxation, Transfer of Stock,
Bailee's suit against
Uses, Wills. third

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630 TRUSTS
References in heavy-faced type are
CASES. The figure in front of the colo

In general Deposit of city's funds - receiver's right to


Basis of taxation set off of
municipal bonds 49:646
property
41:511-514 Deposit under escrow agreement 50:365
Depositary's claim against collecting bank:
Classification of trusts as express, result-
ing, and constructive 27:437-463 whether held in trust for depositor
Development of trust companies 23:639
4I:938-939 Ethical character of the relation
- growth of idea of corporate trusteeship 22:108-113
50:61-63 Executor, whether trustee where legatee
Developments in the law I934 under disability 19:383
48:zI62-1201 Expectancy as a trust res 33:691
Different functions of the trust device Imperfect gifts: whether construed as trusts
46:538-539 I:257
Dogma and practice in the law of associa- Nature of the cestu's interest 42:861
tions 42:977-1014 Obligee as trustee for obligor 33:691
Failure of the Restatement
Obligor as trustee to
of his liquidate
own obligation for the
trust concept 47:1389-1390 the obligee 33:689-690
Fifty years of trusts 50:60-76 Origin of trusts 21:270-274
Payment of interest as evidence th
For whom are corporate managers trustees
45:1145-1163 trust relation exists 9: 60
Power: whether to be construed as trust
For whom corporate managers are trustees:
a note 45:1365-1372 ii:66
Proceeds of void patent on idea communi
Influence of common law in British civil-
law jurisdictions 50:1263-1265 cated in purported trust for inventor a
Life insurance trusts 50:5zI-517 subject of trust 46:861
Parol extinguishment of trusts in landRight of general legatee not that
42:849-865 39:369-370
Sale of " cable transfer " as a trust for the
Passive trusts in England and America
36:990, 991 buyer 33:279-280, 689-690
Progress of the law, I9I8-19I9 State as trustee of industrial insurance fun
33:688-705 collected from employers 47:888
Public administration of trusts State regulation of foreign business trusts
50:63-64 4I:86-90
Statutory regulation of investment trusts Tentative trust as a testamentary disposi-
44: 17-120 tion 33:692-693
Trust principle in the law of contracts Theory of trust obligations i:6-67;
46:35-36 27:452-453
Trust distinguished from equitable charge
Trustee rent clauses in mortgages to pre-
vent "milking" of property by mort- 26:559
gagor 46:496-497 Trustee's interest as " property " in consti-
Trusteeship in modern tutionalbusiness sense 11:272
42:1048-1061 Trusts as the product of equ
Trusts for separate use cedure of married 2I:270-274 women
50:72 Use upon a use as a p
Trusts inter vivos and the conflict of laws cal discussion 21:272-274
44:161-202 Vendor in possession as trus
Nature of the trust relation for permissive waste 48:823
See also Banks and Banking (Collections).
Assets of corporation considered as " trust-Creation and validity
fund " 9:48r; I5:844; 20:40i, 414 See also Conflict of Laws, Gifts, Statu
Beneficiary of contract: whether he is aof Frauds (Trusts).
cestui que trust I2:564 Acceptance of trust by trustee: whether t
Bondholder's committee in corporate is necessary reor- I2:143
ganization 42:928 Annuity conditioned upon
Cestui que trust as trustee 25:482 ration from husband 33:483
Charitable trusts distinguished from dedi-Application of Rule against Perpetuities
cation 16:128 50:779-780
Collecting bank: Bank deposit bywhen
one payable to himself
debt
trustee I:158; 9:428; I2:572; I3:z43, and another 38:243
416; I5:79 Beneficiary of a nonchari
Corporate powers as powers in trust 42:813-816
44:1049-1074 Beneficiary's right to enforce trust arising
Deposit in bank for specific purpose: its from illegal transaction 46:Io29
trust character 8:236; II:202; 12:221; Bequest in trust " at absolute discretion of
I6:228; 27:190 trustee" 31:66I

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TRUSTS 631
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refer

Bequest on secret Interpretation as trust or unenforceable


understanding: lia
of legatee to transfer tax 28:718 gift to take effect in future
-whether this creates a trust xI:419, 48:1167-II68
482; I3:520; I9:z28; 25:296 Invalid appointment of guardian as crea-
Bequests, devises, or intestacies secured by tion of a trust 20:651
oral or unattested promises to apply forLand conveyed to grantee on or
others some or all the property so ob- grantor 26:661
tained 28:251-269 Life insurance comp
Bondholder's committee segregated in corporate proceeds re-
organization 42:899-907 50:512-513
Business trust to liquidate business Life insurance trusts and the Statute of
42:445 Wills 46:818-823
Business trusts 33:704-705; 36:638-639 Meritorious considerati
Capacity to be a beneficiary 42:813 imposing trust 33:484
- corporation 42:814 -in testator's estate for purpose
-state 42:814 ing out promise to pay an ann
- unincorporated association 33:48442:
Cestui que trust as trustee 33:324 Notice to cestui que trust 20:657
- as trustee of a spendthrift trust 33:483 One of two joint tenants bound by secret
Condition that infant beneficiary be of a trust known only to the other 13:520
certain religion 47:887 Oral agreement to hold land or the proceeds
thereofva-
Conditions contrary to public policy: in trust 31:806
lidity of trust containing 30:296 Oral declaration of intention by perso
Consideration: doctrine of Ex parte Pye ing intestate: its effect 15:678
Oral trust, conveyance inter vivos upon;
9:213; 39:372
-gratuitous parol forgiveness of chose in enforceable by cestui after set-
whether
action 33:691 tlor's death I9:466
- whether necessary 4:294 Oral trust in land devised by
Cutting down honorary trust to legal 37:670-690
period 46:Io36 - whether enforceable 11:482
- whether necessary 2:146; 3:187; Oral trust in real estate valid though un-
5:240; 9:426; II:331; I3:6Io; enforceable I3:608
15:509-530; I8:529 Permissible duration 50:984
Deposit in savings bank in name of de- Perpetual trust with preference to lineal de-
positor in trust for another scendants: validity of 29:793
33:692-693 Power of appointment: possibility of ap-
Determining status of executor who is also pointment to invalid object 37:277
trustee 49: I6-122 Powers of sale in trustees and the Rule
Direction to trustee to against employ Perpetuities 47:948-975
a particular
person as attorney in -drafting trust instruments
administering to save
trust
28:530 powers 47:975
Disclaimer by one of -powers several cestuis
to sell for distribution
31:1170 47:957-959
Effect of an oral direction to a debtor to
-powers to sell for reinvestment
pay the debt to a donee at the creditor's 47:957-959
death 34:664, 672 Precatory words: gift to executors for
Effect of contracts for joint, mutual,
secret or 32:89
purposes
joint and mutual wills 28:246-251 Property of a corporation on its di
Effect of contracts to bequeath or to devise 35:85
or to die intestate 28:241-245 Provision for payment of interest
for
Gifts inter vivos of chose in action repre- life with gift over on his de
sented by a specialty 24:48I, 497 20:336
Gratuitous declaration of trust withoutReasons for creating trusts
transmutation of possession 31:1057 Right to reclaim after disclaim
Indefiniteness and unascertainability of 26:660
beneficiaries 42:8z3; 48:1164-zz65 Rule against Perpetuities: and insurance
- doctrine illustrated by Tilden Will Case
trusts 45:896-90o
5:389-402 - relation to rule against indef
Intention to create - precatory words 15:526-530
48: r65-1166 -whether contravened by gi
Interest of creditors in assets of corporation tors in trust for charity wh
rated
23:309 rated 37:275
Interpretation as gift or trust where trust
Setting aside funds fo
would fail for indefiniteness organized bank as decl
48:1166-1167 46:150

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632 TRUSTS
References in heavy-faced type are to LEAD
CASES. The figure in front of the colon refers

Special subdeposit -proceeds


by of sale of unproductive mort-
depositary ban
20:140, I45, gage investments
646 49:805-8r1
Tentative trusts 48: I68-1170 - representing increase in value of st
- how and when made irrevocable of 23:153
subsidiaries 40: 156
--in savings bank deposits I9:207 - stock dividends 26:77,89; 39:905
Testamentary voting trust 35:2 2 Assignment by cestui of equitable interest
Trust declared gratuitously: effect of de- 33:700
clarant's intention thereon 9:363 - priority between successive assignees of
- declarant's right to revoke same 13:63 equitable chose in action 25:728, 737
Trust-deed invalid at law held binding Cestui's
as right to bring an action for dam-
equitable mortgage I2:I40 ages to realty I9:307
Trust for promotion of fox hunting Cestui's rights when income i
48:1164-ii65 at discretion of trustees 8:I2I
Trust fund created by settlors residing inConflicting claims of life tenant a
different states: what law governs mainderman to "all stock-no cash"
32:729; 33:17 dividends 46:298-304
Trust of chattels created by deed: what Conflicting equitable claims t
law determines validity 17:123, 570 doctrine of Eyre v. Burmes
Trust of void patent 48: I62-I163 Disclaimer by one of several c
Trusts and the Statute of Wills 3I:II70
43:521-553 Effect against creditors of vesting of ces
Trusts as a substitute for incorporation rights on discharge in bankruptcy
50:73-74 31:1o38
Trusts for accumulation of income 37:637 Fund improperly invested: shares of ces
Trusts of after acquired or future property therein 14:75
42:559-563 Infant trustee: cest
Unincorporated societies: validity of trusts ecution of trust 33:484
for the benefit of I5:525-526 Interests of life tenant and remaind
Validity of trust established under mistake 31:457-469
of law 42:585 Law governing descent 37:498
Voluntary -to gain
creation of realized
trust on bonds
by purchased
depo at
savings bank I8:70, 626 discount 47:143
Voluntary declaration of trust Life
in landtenant
with- of stock: rig
out transmutation of possessiontribution of surplus 16:54; 20:147
25:671
Voting trusts 40: o06 Life tenant's rights: in income of bonds
- not illegal per se 24:51, 6i bought at premium 5: 79
- validity of 29:433, 453 - in income when principal proves ins
cient
Whether person taking out insurance policy 15:416
- on
may make beneficiaries trustees I5:415 acquisition
- to actual income from unauthorized in-
Cestui's interest in the res vestments 28:333
Apportionment of income: in general -to income of bonds, p
i6:404-417; 25:394 count 31:447-469
-at commencement of trust or fund - to profits under s
i6:406-407 trustee 29:794
- at end of life interest 16:410-415 -to stock dividends o10:87; 11:339;
- in purchase and sale of investments 29:55I
i6:408-410 Nature of cestui's interest :9-12, 60, n. i
-the rule as to apportionment - is cestui's interest in rem or in personam
31:447-457 28:507, 530
Premiums and discounts in trust accounts
Apportionment of loss between tenant for
life and remainderman I8:318 31:447-469
Apportionment of proceeds: among succes- Principal--quantum or res: rights of life
sive beneficiaries of a trust tenant and remainderman 46:776-794
48:Ir91-1195 Right of cestui to compel exercise of dis-
-corporate earnings 44:101-105 cretionary power of conversion 30:657;
--effect of depletion of surplus accumu- 37:920
lated before creation of trust upon Right
ap-of cestui to res of trust for his educa-
portionment of stock dividends 39:905 tion when res intact at his majority
- extraordinary dividends 33:703-704 34:792
--ordinary dividends: effect of date of Right of cestui's administrator to unex-
closing of stock transfer books pended income of spendthrift trust
38:245, 261 23:152
-proceeds from sale of stock rights in Right to deduct for depletion in computing
subsidiary corporation 44:870 income tax 47:879, 1267-I268

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TRUSTS 633
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Right to excess of interest obtained by Money wrongfully mingled with other


breach of trust as between tenant for life
money: lien and constructive trust
and remainderman 21:546 remedies 27:125-138
Right to reclaim after disclaimer Payment by agent of princ
26:660 embezzled money - wheth
Right to salary of director who holds in a purchaser for value 44:461
trust shares he must hold as director Person assisting in breach of trust charged
21:217, 366 as constructive trustee 15:404
Right to subscribe for stock an accretion to Principal's right in fruits of agent's misap-
capital 31:1038 propriation 9:I59; 12:64, 438
Setting aside of trust Propertyin favor
lost in bucket shopof 20:657unbor
children 17:282 Purchase of land held in trust to secure
Trust for maintenance payment ofand support:
note: effect 10:529 i
violation permitted I4:75 Recovery by trustee of property wrong-
When does beneficiary's right vestfully
in a conveyed
con- by him 12:132, 359
structive trust 37:153 Recovery of property similar to that
wrongfully converted 30:80
Appointment and removal of Res conveyed to third person in trust f
trustees
Grounds of removal 48:1163-1164 one of two cestuis 17:426
Rights of cestuis in funds mingled
Restricting choice of the court to persons
nominated by the cestuis que trust trustee 33:699-700
42:446
Stockbroker's bankruptcies 37:882
Tracing into a commingled bank account
Following trust property which included credits for uncollected
Acquisition of traceable product of res by items 49:665
constructive trustee 37:907 Transfer of the ben
Cestui's right to follow misappropriated
faulting trustee 40:123-126
property or its proceeds 19:511-523
Trust funds used to pay for land, vende
Cestui's right to product of money bor-
already having title 7:55
rowed on security of trust property, ef- constitutes a purchaser for valu
What
fect of reacquisition of property by trus- 35:213
tee 42:1083 Powers and obligations of trustees
Cestui's rightsAction
cut at lawoff
for breachbyof trust:tran
when
sideration of marriage Io: 60 possible 6:321; I0:317; I4:305
- when trustee buys property partly with
Amortization of loss arising from invest-
trust funds 2:30-33; 11:131; 25:744
ment in wasting assets 40:1157
- when trustee deposits trust funds in bank
Application of Statute of Limitations as be-
subject to bank's right of set-off tween trustee and cestui 7:439
38:800, 824 Avoidance of self dealing 48:1183
-when trustee deposits trust funds inagainst trustee upon obligation to ac-
Bill
bank with his own 2:33-36; 16:148count not strictly bill for account
- when trustee uses trust funds in his own 2:266
business 12:221 Bill for instruction when claim is made
- when trustee's estate is increased
adverse to legal title by mis-
17:573
conduct 2:36-39 Bondholder's committee in corporation re-
- when trust funds organizations are used in improving
- exculpatory provisions
trustee's land x1: 131 42:925
Closing balance as prima facie Bonds
lowest bal-
deposited in bank by trustees:
ance during day 49:494 whether this is permissible 14:305
Confusion of trust funds with trustee's own
Cestui's rights against trustee bribed to buy
property 29:461 certain securities 9:490
general discussion 2:28-39 Club trustee's right to indemnity 17
Conveyance by trustee with consent
Contractofstipulating against personal
cestui; application of Statute of Frauds
bility to third person--effect of neg
I8:53 gence in managing estate 48:34
Effect of purchase of res by judgment
Co-trustee: liability if inactive
debtor of trustee 17:63 34:483-507
Equitable liens arising from unlawful de- of New York City: power to
Courts
posit 20:503 move nonresident trustee 8:236
Failure of collecting
Decreebank
authorizing to remit:
purchase at foreclosurefoll
ing proceeds of note 17:413 sale by trustee over objection of bond-
Insolvency of offending trustee: whether
holder 47:358
cestui a preferred creditor 13:153Decree compelling purc
Money stolen by trustee from one trust and sale by trustee under m
used for another 25:602-622; 36:762 49:487

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634 TRUSTS
References in heavy-faced type are to LEAD
CASES. The figure in front of the colon refers

Deviation from the terms of a trust -release of security 42:215-218


44:1025-1048; 48:1182 -sinking fund and redemption provisions
--deviation by trustee without first ob- 42:222-224
taining authorization of the court -the trustee in other capacities
44:1041-1046 42:226-234
- duty of a trustee not to comply with theLiability for interest I8:70
terms of a trust 44:1046-1048 Liability for loss from investment
lawful securities which becomes lawful
- where compliance is impossible or illegal
or against public policy 44:1029-1033 before loss accrues 46:725
- where compliance would defeat the Liability
pur- for negligent failure to
pose of the trust 44:1034-1041 trust property 21:44I
Dual personality of trustee: whether recog- Liability for non-negligent lo
nized I4:608; I6:588 of distribution 48:138
Duty of trustee for bondholders Liability forclaiming not investing t
lien for advances to notify in namebondholders
as trustee 49:138I
thereof 47:882 Liability for profits derived by virtu
Duty to convert investments position 35:767
48:r189-119o Liability of trustee ac
Duty to diversify investments counsel 19:308
48:Iz90o-9rg Liability of truste
Duty to keep property separate default of an agent 43:1122-1126
48:1184-1z85 Liability of trustee for acts of co-trustee
Effect of language of instrument of creation 19:221; 34:483-507
and intention of creator on power of heir Liability of trustees of business trust for
or devisee of deceased trustee to execute tort 33:704-705
the trust 23:59, 70Liability upon contrac
Effect of professionalizing of office of
tate 48:rr196- 97
trustee 50:64-65 Limitation of liability
tween the
Equitable set-off against parties 34:500
insolvent cestui
que trust 20:336 - by decree of the court 34:501
-by provision trust
Execution of discretionary in the trust
by deedcourt
7:490 34:498-499
Failure to diversify where proper invest- Mandatory provisions as to investment
ments deceased in value 48:347 32:181
Infant trustee compelled to perform Measure
trust of damages for retention of non-
33:484 legal securities 49:1002
Investment of trust funds in participatingObligation to prefer one sort of c
interest in proper trust investments another 30:657
49:544-545
Payments out of tru
Investment of trust funds in participating required I5:753
mortgage in trustee's name 28:335 Position of life insurance company as
Investment of trust funds in purchase of a trustee of unsegregated proceeds of
beneficiary's interest 42:138 policy 50:513-514
Power of court to interfere with discre-
Judicial control of trustee's discretionary
powers 37:920; 49:495 tionary investments 28:216
Leasing trust property, Power
in of voting trustee
general to delegate dis
2I:21r,
223 tion by proxy 46:333
Liabilities incurred in the course of the ad- Power to charge trust propert
ministration of trusts 28:725-741 28:738-740
-personal liability of trustee 28:725-726
Power to give a lease which may extend be-
- personal liability of trustees to third yond
par- the trust term 20:75; 2I:211, 223
ties II:420; 25:482 Power of trustee appointed by court to
Liabilities of the trustee exercise discretion
under the7:3I3
corpo-
rate indenture 42:198-248 Power to sell, lease, or mortgag
- authentication 42:205-208 48:1180-1182
Powers of trustees-legislative develop-
- duties after default by mortgagor
42:235-239 ments 47:5zo-518
- investments
- duties in respect of the issuance 47 :5zo-5I2
of bonds
-power
and application of proceeds to lease 47:5z3-514
42:211-215
-exculpatory provisions in-power
the indenture
to mortgage 47:514-515
42:239-247
-power to sell 47:5z5-517
notice to trustee as notice to bondhold- -retention of investments 47:512-513
ers 42:224-226 Probate trust: effect of change of a bank
- protection of from a state
the organization to a national
security 42:2
- recordation 42:208-211 bank 41:665

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TRUSTS 635
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refer

Uniformcombination
Profits arising from Trust Administration
o
and personal interests of trustee
47:517-5I8 2
Proof in bankruptcy What investments
by a aretrustee
proper 14:392; for
holders 46:309-3r4 48:r185-1189
Propriety of investment in foreign
When successor real
of deceased trustee can ex-
estate I7:578 ercise trust with power annexed
Retainer: duty of trustee 23:59, 70who
to exercise I9:538
Right of contribution Rights and liabilities
between of third parties:
co-trustees:
when it accrues 10:252 other than purchasers
In general
Right of trustee to compensation, especially34:464-466
in Australia 3:182 Action by cestui to enforce co
Right of trustee to reach the interest
by trustee of the
15:772
beneficiary of a spendthrift
Action by trustee trustto for
enf
costs, expenses, and advances
benefit 43:69-70
of trust estate 15:772
Right of trustee under Attachmentmortgage to
of trustees' right of file
exonera-
claims with receiver 40:910 tion: one trustee a defaulter I5:753
Right of trustee with life interest inAvailability
res to against holder of legal title of
profits from unauthorized investments defenses against beneficiary 49:647
25:571 Bankers' liability for deposits of a fiduciary
Rights and duties of the committee in to his personal account 40:1077-1109
bondholders' corporation reorganizations Creation of trusts in fraud of creditors
42:899-929 46:421422
Shares yielding only stock dividends as un- Damages for disobedience of testamentary
productive and improper investments direction to employ 41:709-727; 43:148
46:302-304 Direct liability of trust estate for trustee's
Statutory specification of trustees' invest- torts 14:67
ments 49:82I-825 Effect against cr
Surcharging trustee for rights innocent on breach discha
50:66-68 31:Io38
Testamentary directions Liability for to employ
knowingly a desig
inducing breach of
nated person 41:709-727 trust 23:153
-where trustee does employNecessity 41:709-712 of joinin
-where trustee refuses to employ suit by one benef
41:712-727 cedent claim to res 49:344
Trust for maintenance and support: its vio-in a breach of trust
Participation
lation permitted I4:75 34:454-482
Trustee's duty of loyalty 49:621-566
Personal liability of trustees 11:420;
-bonus or commission 49:559-562 25:482
-competition with beneficiary Property settled without power of antic
49:562-563 pation: rights of creditors IO:I93
--deposit by corporate trustee in own Recovery against trust estate for service
banking department 49:548-554 rendered the trustee 29:885
-loan to self 33:703 Recovery from trust property when trustee
- miscellaneous breaches 49:563-564 has defense of ultra vires 50:53I
-purchase from third person of adverse Reduction of interest of assignee of trustee
interest 49:554-559 because of latter's defalcation 17:129
- purchase of trust property Restraint
by trustee in-
on alienation of absolute interest:
dividually 49:522-539 whether valid against assignee in bank-
-sale of trustee's individual property
ruptcyto 29:557
himself as trustee 49:539-545 Right against trust est
- self-dealing by fiduciary banks and trust 33:702
companies 44:1281-1286 Right of creditors
-use of trust property for trustee's own
against trust estate 46:540
purposes 49:545-548 Right to payment from trust fund based on
Trustee's liability in absence of causal
estoppel against rela-
trustees 15:679
tion between wrongdoing Rightsand loss
against trustees or beneficiaries of a
50:317-322 business trust for tort claim 33:704-705
Trustee's right of exoneration out of trustRights of creditors of trustee to reach trus-
res 28:730-731 tee's right of exoneration out of res
- from beneficiary 50:996 28:731-732
Trustee's right to indemnity from cestui Rights of creditors, who have become such
14:539; 28:728-730 in the course of the administration of
Trustee's right to reimbursement out of the trust: against the cestui que trust
trust res 28:727-728 28:736-737

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636 TRUSTS
References in heavy-faced type are to LEAD
CASES. The figure in front of the colon refers

-against the trust property


Bona fide 28:737
purchase of equitable chose: rule
Rights of settlor's increditors
Dearle v. Hall not applicable
where to defeat sub
cestui que trust
tial control over property is 32:43
retained
48: 197-Ii98 Conflicting equitable claims
doctrine of Eyre v. Burmester 17:352
Rights of trustee's creditors against bene-
ficiary 50:996 --doctrine of London Banking Co. v.
Spendthrift trust created River Plate Bank by 36:858, 879
cestui; w
good against creditors I2:53; 23:649 Constructive notice by deposit as " trust
Spendthrift trust - reaching the interest of 29:232
the beneficiary 43:63-98 Depositories of trust funds 34:467-482
-by administrator, guardian, Distinction
or receiver between conveyance of legal
of beneficiary 43:71-72 title to purchaser for value without no-
-by attorney 43:69 tice and contract to convey 22:151
-by executor of settlor 43:71 Estoppel against cestui by negligence of
-by physician 43:69 trustee 19:544
-by the state 43:68-69 - cestui estoppel
-by trustee 43:69-70 tation 21:53, 64
-by trustee in bankruptcy 43:73-78 - not estopped by tr
-by wife or child 43:6468 tion 38:689
-constitutionality of 43:94-97 Fraudulent rele
- discretionary trust after trustee has claim to innocent purchaser 11:479
ex-
ercised his discretion 43:82-83 Irrevocable power to obtain legal title on
- improving or preserving the trust prop-performance of a condition i:5-6
erty 43:81-82 Laches of trustee: whether cestui is barred
- income due or already paid 43:83-87 thereby I2:132
- judgments for tort 43:80-81 -laches by substitut
- necessaries 43:79-80 infant cestui 33:738
-special circumstances 43:79-87 Marriage as valuable consi
-statutory provisions 43:87-94 off cestui's rights io:60
Notice: what circumstances constitute
- when the beneficiary is also a trustee
43:79 34:456-482
-who may do so 43:64-78 -what constitutes notice of trust
Subjection of contingent interests to claims 12:279
of creditors of beneficiary 48:1197 Partial payment by innocent purchaser be-
Trust deed purporting to secure joint rights fore notice of trust 9:547
as security for claims held severally Participation in breach of trust 3
30:524 Priority of assignees of cestui's
Trustee refusing to sell and debt barred byrule in Dearie v. Hall 7:305; 9:281;
statute 6:52 12:572; I9:6I
Trusts for maintenance Purchase of an equitable interest and for value
s
itor's rights in income 6:323; 8:i2I and without notice 36:480
Validity under Uniform Fraudulent Con-Purchase with notice from purchaser w
veyance Act of conveyance in discharge out notice 7:244
of trust 46:413-414 Purchaser charged w
Volunteer: whether liable after transfer- strument creating trust Io:66
ring trust property I5:I60 Purchaser of res charged with construct
notice of trust Io:66; 12:279; I5:160
Rights and liabilities of third parties: Purchaser's duty to see to the application
pur-
chasers of the purchase money 34:454-455
Bank as purchaser for value of set-off Purchasers with and without notice, and
against deposit of trust funds donees I9:511-523
38:801, 824 Successive assignments o
Bank's duty to inquire as to authority of i8: 35
agent in accepting check payable to Superiority of equities when purchaser of
agent's own order 36:762 land pays price in escrow but has not
Bank's liabilities for funds deposited or received legal title 38:689
withdrawn in breach of trust Tabula in naufragio doctrine i:14-16
33:701-702 Transfer upon oral authorization of cestui
-liability for deposit to his own per- 42:860-864
sonal account of check made payable to Transferee of the beneficial interest of a de-
trustee 19:68; 27:176; 36:762 faulting trustee 40:123-126
Bank's liability for deposit to his personal
account of check made payableRestraints
to a cor- on alienation of cestui's interest
Accumulations in charitable trusts
poration and indorsed by an officer
44:855 41:514-518

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TRUSTS 637
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refer

Basis of the rule against


the exercise restraints
of which is opposedon
by
ation: at common law 2I:299 23:649
- in New York 21I:299 Executor de bonis non entitled to trust
Cestui having life estate: effect fund of acqui- 20: I5
sition of remainder 29:345 Trust for colle
Cestui que trust as trustee of a spendthrift after repeal of charter 6:170-173
trust 33:483 Trustees holding for grantor or his repre-
Claim of wife sentatives for ifsupport
trust fails 5:393-395 fro
thrift trust in favor of husb
Claims of dependents Resulting trusts for sup
Condition against alienation
See also Equitable Conversion. q
persons 24:584 Agreement within Statute of Frauds to
Desirability 48:403-404 acquire land as partners 42:936
Development of spendthrift trust
Classification 27:455-459, 462
50:68-71 Conveyance taken as security for mon
Directing application of appointed advanced onprop-
oral agreement to conve
erty to save trusts otherwise when violative of
paid 33:698-699
Rule against Perpetuities 46: I347 Conveyance to husband for c
Effect of lapse on executory gift otherwise furnished by wife 27:292; 37:921
illegal 20:483, 499 Conveyance to one person when part of
Federal tax lien on income fromisspendthrift
consideration paid by another
trust 48:1441 33:697-698
Nature of an equitable interest
Creation and proof of resulting trust: dis-
a restraint against alienation 37:635 tinction between them i:185-190
Postponement of enjoyment 20:202-204; Creation of purchase money trust upo
24:224, 246; 33:705; 38:838, 1121 conveyance to a man and woman (de-
- of the interest of a sole cestui que trust scribed as man and wife) not legally
who is also trustee 33:324 married 42:447
Distribution
Reaching the interest of the beneficiary of among su
a spendthrift trust 43:63-98; raised by subscription
48:1198-I200 ton's Case 28:I93, 216
Restraints on legal and equitable life es- Effect of annulment of marri
tates compared 48:398 ter-presumption that land
Settlement on married woman without husband in wife's name is an advance-
power of anticipation Io:I93; ment and not subject to a resulting trust
19:475; 23:649 23:232
- settlement by herself 12:53 Effect of grant for illegal purpose 18:547
Spendthrift provisions in life insurance
Effect of grantor's fraud 48:1175
trusts 50:514-517 Effect of indeterminate contribution to
Spendthrift trusts 33:700-701 purchase price 18:473
-construction of Connecticut statute Effect of partial failure of char
34:654-655 on power of sale 23:649
- created by cestui: whether good againstEffect on oral trust of fraud by gra
creditors 32:441 20:403, 412
- created in whole or in of
Failure part for under
appointment the general
benefit of the settlor 44:203-222 testamentary power to take effect
-whether an absolute equitable interest 48:1243-1244
will pass to assignee in bankruptcy Grantee a member of purchaser's family:
29:557 effect of this fact 10:192
Statute allowing cestui to alienate: whether Gratuitous transfer of stock certificates
constitutional 11:272 tween brothers 40:657
Validity in New York when the trustee In favor of one who has paid m
may change res, but may not terminate conveyance to third party 20
trust 21:299 27:446
Validity of restraint Interpretation as gifton
or trust alienation
where trust
when qualified as to time 24:245 would fail for indefiniteness
48:1166-1167
Failure of trust Land conveyed to grantee on oral trust
Cestui's death without heirs: disposition of 33:696-697
his interest 14:549 -for third person I5:753
Necessity
Death of beneficiary of fund raised of
bypromise
sub- to hold for
scription 14:235 furnishing consideration Io:192
Death of proposed annuitant No resulting trustbefore pur-
unless obligation to pay
chase of annuity 20:331 is assumed at time conveyance is made
Effect of partial failure on power to
of sale,
another 37:394

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638 TRUSTS - UNFAIR COMPETITION
References in heavy-faced type are to LEADING ARTIcrEs; in italics to NOTES; and in plain type t
CASES. The figure in front of the colon refers in each instance to the volume.

Parol extinguishment of resulting trustsInvoked


in to circumvent Rule against Perpe-
land 42:852-854 tuities 37:275
Payments subsequent Rights of benefici
to conveyance: e
of same 1:185-190 pointment under
Property conveyed Trustee's
to executors and trus
implied p
tees with the use of that may
precatory extend
words
32:89 21:211, 223
Purchase at foreclosure Terminationof mortgaged prop
erty by attorneyDecree of of mortgagor 37:267
distribution as transforming re-
Purchase money resulting lationship to one of debtor and creditor
trusts
48:1176-1178 48:138
Purchase of land with notes given by one Effect of non-recognition of Soviet govern-
for another's benefit i:185-190 ment upon right of Russian corporation
Purchase of stock in name of brother to have trust terminated 39: I27
40:657 Mailing as delivery to trustee of instru-
Registry acts as applied to resulting trusts ment terminating trust 44:1148
7:379 Power of beneficiary 50:71-72
Resulting trust in favor of partnership Power of life cestui with remainder to ter-
upon purchase by one partner 7:379; minate the trust 38:838
13:458-459 Recent developments 48:1200z-201
Resulting trust in land in favor of person Revocation of tentative trust
negotiating sale of same 7:379 48:1169-1170
Resulting trusts arising upon the purchase Substantial compliance with requirements
of land 40:669-711 governing exercise of reserved power of
-express agreement by revocation
grantee44:1148 to hold in
trust for person paying Trustee's purchase price
purchase of ben
40:678-679 42:138
-payment of the purchase ULTRA VIRES price by the
grantee for another 40:685-688 See Corporations.
-payment of the purchase price for a
third person 40:688-692 UNDUE INFLUENCE
-purchase in name of a relative Fraud, undue influence, and mistake
40:682-685 wills 41:309-339
- rebutting the presumption of a trust
40:679-681
UNFAIR COMPETITION
- resulting trusts upon gratuitous convey-
ances 40:669 In general
Malice
- resulting trusts where land
in name of another 40:670 By means unlawful as against third
-Statute of Frauds 40:671-674 persons
- statutory provisions 40:675-678 Conspiracy
Procurement of breach of contract
Resulting trusts arising upon the purchase
Interference between employer and em-
of land in name of another: justification
of doctrine 40:709-711 ployee, not causing breach of contract
-payment of part of the Interference
purchase with making
priceof contract
for conveyance in name Remedy by injunction
of another
See also Equity, Injunctions, Labor Law,
40:692-703
-purchase on credit 40:704-709 Restraint of Trade, Torts, Trade Marks
and Trade Names.
-purchase price other than money
40:703-704
In general
Transfer to defeat execution in anticipation
of suit 44:1143 Acts done to benefit other persons than
Trust in favor of one thefurnishing
defendant 8:228; 10:448
consider
tion for transfer to another 46:86I Basis of action for unfair competit
Trust in favor of subscribers in fund raised 2:19-27; 6:156; Io:56, 447; 1:405;
by subscription I4:235 12:285; 15:440-445, 482; 20:258-279,
Trust on face of will for unnamed cestuis 345-362, 429-45; 39:518
33:696-697 Bribery in commercial relationships
Want of consideration as ground for re- 45:1248-z252
sulting trust 27:441-446; 37:665-666 Business recovery through temporary ab-
- in favor of grantor IO:192; 32:441 stention from unfair competition-the
economic theory of the NIRA
Cy pres doctrine 47:458-468
Court's power to modify a deed of trust -history of treatment of unfair com-
inorderto allocateanindebtedness 38:122 petitor 47:461-462

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UNFAIR COMPETITION 639
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs;
CASES. The figure in front of the colon refers in each instance to the volume.

Combination of wholesalers to cut off Passing off another's pro


plaintiff's supplies 39:5I7 46:1172-117
Comparison of trade union cases with Predatory price cutting
cases between rival dealers 27:139-158, 37
15:223; 17:558 Protection of corporate n
Concept of unfair competition at common 46:1z84-II86
law, under Federal Trade Commission Publication of uncopyrigh
Act, and under NIRA 47:108-114 tised by plaintiff under
Constitutionality of fair trade acts 46:1173-117
50:667-671 Radio broadcast of news g
Copying design as unfair competition payer association 46:1175
43:330 Recognition of legal rights in ide
Damages: accounting of profits as meas- 47:1424-1428
ure of damages 36:114 -ideas constituting "goods sold"
-measure of damages 24:162 47:1425-1426
Developments - I887-1936 50:184-186 -ideas embodied in operating business
Developments in the law- 1932 system 47:1424-1425
Registration as trade mar
46:z171-1202
--administrative regulation of business tion of rival's trade nam
ethics 46:1200-z202 Removal of trade mark f
-covenants not to compete 46:
vertised byz88-z194
mark 46:1172
- legislation 46:1194-1200 Requirement of injury to competito
-trade marks 46:1175-zz80 der Federal Trade Commission Act
- trade names 46: Iz8z-i88 44:129
-unfair trade practices 46:1171-1175
Revocability of license to use another's
Enjoining the violation of aname
penal statute
46:1182-1183
as being an unfair method of competi-
Right of exclusive selli
tion 42:693-696 against other sales of g
Failure to comply with der state statute as bartr
manufacturer's
to relief against unfair Rights competition
under contract
30:528 advertising use of fam
Federal Trade Commission: Sale of products jurisdiction- in dis
what constitutes unfair resale competition
price maintenan in
commerce-false representations as to
49:813-82I
financial standing Scope of and competitors
origin of modern law
41:675 36:1045-1046
Free competition, existence ofof general
Scope of the tort right
unfair competition
of I5:427-432 38:123
Imitation of advertising
Statutory restraints on chain45:542-54
store systems
Importation of
product of domestic 44:460
ented process 49:162 Territorial extent of protection of trade
Interference in trade or occupation: right46:zz86-zz88
name 38:839;
to freedom from II:462465; Trade competition as a justificat
15:441-445; i6:237-254 35:957
Interference with another's selling system
Use of title of poem as title for moving
30:166, 195 picture 39:906
Interference with contract relations
4I:728-763 Malice
-justification or privilege 41:745-762
Effect of bad motive on interference with
Land conveyed to grantee on oral trust
business 38:121
for third person I5:753
Liability for damage to business Nature
reputa- and effect
tion by wrongful act 41:263 7:I8o; 8:499, 5io; 10:56, 447;
Limitations on the use of one's own name 11:405, 452457; i6:244-246, 299;
20:255-256
46:1180
-vagueness of the term 11:461-462
Line between legal and illegal competi-
tion (See also under sub-heads follow-
ing) 6:I56; 9:363; Io:447; By means unlawful as against third persons
I5:433-440, 478; I6:71; 17:558
See also Trade Marks and Trade Names.
Necessity for actual competition Accounting for profits from sales in non-
38:370, 405 competitive territory 4I:Io6
Coercion, effect of I5:439-441;
Necessity for competition between plaintiff
and defendant 39:518 i6:249, 251
Participation in illegal enterprise as bar
-by means of fining member of associa-
to relief 25:481 tion 17:558

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640 UNFAIR COMPETITION
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTE
CASES. The figure in front of the colon refers in each instance to the volume.

Deceptive use of descriptive Effect wordsupon


as- enforceability of subse
sociated with rival business 33:617 contract of agreement to indemnify
Deceptive use of one's own name 48:514
I2:243-261 Inducing breach of contract not to
Deceptive use of words or symbols as- chattel 21:450
sociated with rival business 5:139-145;Justification I6:299
io:286-295; 23:572; 38:II20 Liability of union orderin
Discrimination between chain stores and to raise wages I7:63; I9:68
retail coiperative marketing associations Lumley v. Gye, principle of, and
38:103, I24 plication 2:19-27; 16:228, 6oo; 17:I35
Discrimination by public service corpora- Passing off defendant's goods through
tion against plaintiff's customers plaintiff's exclusive dealers 45:940
I5:478 Pleading: particulars of means employed
Disparagement, effect of I5:438-439, 441 12:285
Forcing others to join combination against Soliciting breach of subscription contract
plaintiff 7:558 with competitor 17:283
Fraud, effect of 5:139-145; 12:285; Trade dispute 20:656
I5:436-438, 440-441; i6:272-290 Traffic in trade symbols
Fraudulent imitation of store front
9:363 Interference between empl
Fraudulent imitation of wares 9:29I; ployee, not causing breach
io:282-286, 377; i6:272-290; 32: 8I; Allen v. Flood: American authorities on the
35:769 question of 7:184; i:459-460;
Impairment of the value of advertisting I4:z29, 247-248
rights 38:123 -analysis of case II:405, 449-459
Owner's use of deceptive registere
Inducing workmen to leave plaintiff's em-
mark as unfair ployment method 8:499; 12:285;
of15:223;
compe
43:839 i6:251
Refusal to Justification:
sell with general requisites
purpose of illeg
straining trade 29:77, 341 20:358-362
Secondary boycott: whether it -based should onbepersonal like or dislike of fel-
illegal 29:86 low laborers 20:430
- by desire to advance
Conspiracy defendant's 20:434439
Benthamite reforms in English combina- -by desire to advance def
tion law, i824-5 I7:519-526 20:430-434
Combination: when held to be unlawful - competition 17:140
8:63; I3:63; 15:402 - desire to advance a central union of re-
-whether necessarily unlawful 6:156; lated unions 21:635
7:500oo; 9:363; i6:243, 249-260 -desire to advance union with by-law
"Combination law ": nature and scope compelling employers to submit disputes
17:511515 to arbitration of central union 21:635
Combination laws in England in the nine- -for interference with a non-competitor
teenth century 17:511-632 20:441451
English combination law of 1800 - for use of the workingman's power as a
17:515-519 consumer 20:440-441
English combination law of I875: changes - intention to improve co
made thereby 17:526-529 17:285
judicial interpretation of 7:529-532 - motive as rebutting justification
Nature and effect of conspiracy 7:18I; 20:451-455
8:228; II:406, 457-459; I5:223, 402 -who may be justified as competitors
Necessity of intent to injure the plaintiff 20:357-358
in conspiracy to do illegal act 21:546 Picketing by labor unions in the absence
Strike against one man to reach another of a strike 40:896-9oo
20:243; 22:458 Strikes and boycotts 34:880
Threat of strike, attempt to secure
Procurement of breach of contract charge of rival workmen by 14:219;
Basis of liability 2:21-25; 8:1I3; x6:251-253
12:285; 16:299 Threat of fine to induce members of labor
Contracts for personal service 2:20; union to strike 22:234
16:228, 299
Contracts other than contracts for personal Interference with making of co
service 2:19-27; 7:I80, 428; 8:I13; Blacklisting: how far lawful 17:139
11:201; I2:285 Boycott 8:510
Early case, reprint of 4:393 Compelling member of association not to

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UNFAIR COMPETITION -USES 641
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

deal with plaintiff: whether justifiable States as raising no implied promise


i7:558; 23:154 pay 47:706
Influential position of defendant, effect of Estoppel again
10:56 19:12
Justification: general requisites Federal coopera
20:358-362 ment 48:489-498
- based on personal like or dislike of fel- Federally-owned corp
low laborers 20:430 charters 48:786-787
-by desire to advance other unions than
Government corporations
the defendant's 20:434-439 Joint stock land bank as "
--by desire to advance the defendant's United States 50:142
union 20:430-434 Jurisdiction of Puerto Rican co
-for interference with non-competitor
crime committed on United Sta
20:441-451 tary reservation 49:334
- for use of the workingman's power as a Jurisdiction on federal military reser
consumer 20:440-441 5o:688
--interference incidental to general
Jurisdiction re-
over railroad right o
straint of trade 27:478, 497 within military reservation 43
-motive as rebutting justification Priority in bankruptcy reorganizat
20:451-455 49:r179
-who may justify as competitor Priority of the United States in bankruptcy
20:3566-358 and in equity receiverships 43:251-278
Line between lawful and unlawful inter- Priority where insolvency occurs after ap-
ference 6:I56; 7:181, 500; 8:63, 5Io; pointment of receiver by consent
9:363; IO:447; II:20I; I3:63; 15:223; 46:1342
i6:244-254; 37:163 Right to assert in federal court claim to
Misrepresentation of defendant's goods, property where state court has prior
effect of 39:518 jurisdiction 49:835
Secondary boycott: proposal Right to to legalize
patents obtained by
29:86 46:149
Whether affording a ground for action: Sovereign immunity in suits to
in general 7:18r; Io:56, 65 forcement of unconstitutional
50:956-963
Remedy by injunction Suability of government corpo
Enjoining the violation of a penal statute 48:793-794
as being an unfair method of competi-
Suit against governmental age
tion 42:693-696 of immunity 38:530
Jurisdiction of equity: basis
United anda extent
States party in federal co
5:139-145; io:275-298; 11:469; 18:314
12:243-261;Use15:235;
of prerogative writ of injun
i6:272-290 5o:199, 211-212
Particular instances 8:63, 499; 9:363; Veteran's guardian as agent of Unite
Io:56, 65, 377, 447; I2:285; 14:219; -right to priority for deposit o
15:235, 478; I6:7i; 29:763; 32:181 pensation proceeds 46:532
Protection of property in news Whether federal government may acquire
32:566, 582 title by adverse possession I7:55
Remedies for passing off defendant's goods Whether government may sue on contract
through plaintiff's exclusive dealers unenforceable against it because not in
45:940 statutory form 29:453
Scope of the injunction 35:769
UNIVERSITIES
-use of family name to deceive public
38:405 See Colleges and Universities.
UNJUST ENRICHMENT
UNINCORPORATED SOCIETIES
See Associations. See Constructive Trusts, Quasi Contracts.
USES
UNIONS
See also Future Interests, History of Law
See Labor Law, Trade Unions, (Property), Real Property, Rule against
Perpetuities, Trusts.
UNITED STATES
Common origin of uses and agency
See also Constitutional Law, Federal 8:127-128, 13-137
Courts, Sovereign. Creation of interests in futuro under
Disposition of public lands containingStatute
min- of Uses 8:363; 39:477-479
erals 50:897-899, 906-908 Derivation of term: whether opus or usus
Destruction of contract right by United 8:127-128, 131-133

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642 USES -VALUATION OF PROPERTY
References in heavy-faced type are to LEADING ATICLES; in italics to NoTEs; and in pla
CASES. The figure in front of the colon refers in each instance to the volume.

banks,
Effect of Statute of Uses on primitive doc-notes void under state law
trine of seisin 34:596-401 21:136, 144
Equitable ownership under the Guarantee
Statute to
oflender of rise in value of
Uses in the form of trusts 39:471-473
stocks sold to make loan 25:483
Liabilitycen-
Jurisdiction of chancery in fifteenth to terminate on death of bor-
tury 31:849-851 rower 10:452
Methods of conveyancing New under York Statute
statut of
Uses 39:468-469, 477-478 ous note taken
Origin of uses 8:127-137; 21:261-269 21:451
Personalty under Statute of Uses I8:234 - without notice 21:136, 144
Power to devise under Statute of Uses Premium paid for privilege of loan: whet
39:470 included in interest I0:247
Resulting uses before Statute of Uses Purging obligation of taint of usury: eff
27:434-440, 447 of new consideration 27:497
Resulting uses under Statute of Uses Usurious rate charged by broker for bo
13:694 rowing money to buy stock on margin
Resulting uses upon gratuitous conveyances 21:638
37:653-655 What law determines usury in contracts
Statute of Enrolments as a part of Stat- 8:59; 10:310; 17:568
ute of Uses 39:470-471 Forfeiture
The Statute of Uses as a revenue measure Effect of indorsement without recourse of
39:468 accommodation note 50:145
Use upon a use under Statute of Uses Effect of invoking acceleration clause
13:694; 2I:272-274 mortgage 45:196
Uses as the product of equitable procedure Federal statute: recove
21:261-269 15:745
The will of the owner under Statute of limitation of action to recover penalty
Uses 39:469 25:672
Release of right to sue for penalty
USURY 27:691
Right of director to enforce penalty against
See also Bills and Notes, Illegal Contracts,
Mortgages. corporation 27:597
Right of innocent party t
to recover: New York law 28:821
In general
Applicability of usury laws to installment VALUATION OF PROPERTY
sales 49:Z28-Z29 See also Carriers, Corporations, Damag
Credit union legislation 44:1131-1135 Eminent Domain, History of Law (Pro
Desirability of uniform small loan laws erty), Interstate Commerce, Public Uti
38:993 ities, Railroads, Roman Law.
Economic theory and history of usury laws Conclusiveness of 1929 stock exchan
38:993 prices as evidence of " fair market value
Extrastate enforcement of claims under
for tax purposes 48:685
usury laws 46:214-215 Condemnation of elevated railway -
Injunction against violation of
ofunprofitableness
usury stat- of operation
ute 43:499 48:294-297
"Legal usury" and
Elements involved "moral
in requiring reproduc-
38:993 tion cost 37:431463
Uniform Small Importance Loans
of market in Acuse
tion cost as test 37:452-457
Nature and validity of usu
Index method of valuation in the Suprem
Discount at usurious rate: amounts to sale Court 49:297-304
I3:524 Judicial valuation in corpor
Effect of Negotiable Instruments Law onconsolidations 47:847-853
statute making usurious notes void - capitalization of estimated future in-
28:424 come 47:850-851
Effect of provision requiring mortgagor-determination
to of total net assets
pay taxes on mortgaged land and mort- 47:848-850
gage debt in addition to maximum legal
-market value of outstanding stock
interest 41:405 47:851-852
Estoppel as basis for recovery
Non-discriminatory on for
overassessment usuriou
tax-
contract 19:454 ation as violation of due process
Federal statute as applied to state bank 49:1012
buying usurious instruments 20:581 Under Uniform Fraudulent Conveyan
Federal statute making valid for national Act 46:411412

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VALUATION OF PROPERTY -VENDOR AND PURCHASER 643
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTEs; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Valuation in railroad reorganizations to Effect of conveyance m


determine rights of dissenters with overruled precedents 47:r406
49:1272-1276 Effect of intervening zoning law
Valuation of rights to impair easements of 47: 192-1I93
light, air, and access in condemnation of Law governing the descent of vendor's in-
elevated railway 48:293-298 terest in a contract for the sale of land
Valuation to determine insolvency under 41:795
Bankruptcy Act, ? 77B 49:r115-rr16
Obligations of assignee of bilateral contract
42:943
VENDOR'S LIEN
Recording of mortgage as notice to vendee
See Vendor and Purchaser.
in possession of mortgagee's right to bal-
VENDOR AND PURCHASER ance of purchase price 47:1I91
Performance of contract Rent passing as incident to grant of lessor's
interest i6:405
Rescission of contract
Rent: vendor's du
Rights and liabilities in general
tenant being in arrears I7:579
Forfeiture of payment Right of grantor's wife to dower after
Insurance
Risk of loss grantee of conveyance releasing it has
Remedies of vendor been ordered by equity to convey to a
Remedies of purchaser
prior purchaser 42:579
See also Covenants of Title, Equitable
Sale and reacquisition of prope
vendor 47:rr19
Servitudes, Equity, Estoppel, Fixtures,
Taxes forming lien on
Mortgages, Quasi Contracts, Quieting purchaser i6:405
Title, Sales, Specific Performance, Stat- Vendor as unconditional owner after con-
ute of Frauds.
tract to convey 14:157
Performance of contract Waste: right of vendor to sue
Defects in marketable title 22:387
i:369-370, 373 Forfeiture of payment
Defective notice of intent to forfeit
Effect of zoning restrictions on marketa-
bility of title 47:r192-Ir93 32:295
Mutuality as a defense 39:785 Forfeiture by failure to pay instalments
Vendor's right to withdraw repudiation 20: 57
49:651 Right of purchaser to proceeds of insur-
What constitutes marketable title ance policy o0:191; ii:517-518;
22:529, 544
i5:i6o
Rescission of contract Rights of lessee with option of purchase
Damage as prerequisite 48:480-485 in insurance of lessor 10:I91
Relief of purchaser at judicial sale Waiver by vendor's not declaring forfeiture
43:505 until time for his performance 22:543
Whether
Rescission by purchaser for prospective fail- permitted in equity I7:48;
ure of consideration 39:134
Rescission for breach of covenants where
~Insurance 25:479; 29:791
Insurance
grantor is insolvent 16:224 Optionee's right to proceeds of insurance
Rescission for fraud of vendor: effect of collected by optionor 47:532
purchaser's statements as to expert Right of vendor who rescinds for fraud to
knowledge 29:560 insurance effected by purchaser 39:125
Whether
Rescission for land taken by this passes as incident
eminent do-to grant of
main after contract of sale I5:733 estate I6:405
Right of vendor to sue for use and occupa-
tion after rescission 29:340 Risk of loss
Vendee's lien after rescission 22:64 Accidental damage to property between
contract and conveyance 49:497
Rights and liabilities in general Criticism of prevailing doctrine of risk of
Burdens imposed on one asserting equitable loss x:375-380; 9:111-125
ownership 37: 62 Recent developments - 1933
Compensation for land taken by eminent 47:1Z9r-z192
domain after contract 4:75-78; Risk of loss after executory contract of
5:203; I5:733 sale in civil law 9:72-79
Condition in contract as covenant runningRisk of loss before delivery o
with the land 20:234 purchaser at sheriff's sale
Developments - i887-1936 o5:174-175 Risk of loss in executory sale
Does a sub-contract for the sale of land I5:733; 23:476, 490; 26:560
have the same legal effect as an assign-
Risk of loss where land is taken by emi-
ment 40:1004-1007 nent domain 15:733

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644 VENDOR AND PURCHASER -WAGERING CONTRACTS
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Remedies of vendor vendor's suit for specific performance


Effect of decree in personam in suit against 46:862
foreign vendee 9:449-454 Vendee's lien for purchase money whe
Effect of purchaser's property being performance
placed is inadequate 9:486
in hands of a receiver 33:73-75 Vendor's liability for permissive waste
Equitable lien of unpaid vendor 33:485 48:821-828
Enforceability of express lien when statute
Where land has been placed in the hands
of limitations bars debt 34:779, 793 of a receiver 33:68-73
Implied lien: enforceability when statute
VENUE
of limitations bars debt 25:744
-lien as against mortgagee 9:489 See also Conflict of Laws, Constitutio
Law, Criminal Law, Embezzlement, Fal
- waiver by accepting note of third party
I5:4I4 Pretenses, Federal Courts, Larceny, Pr
-land conveyed by absolute deed sumptions, Railroads.
Place of trial in civil actions
11:4I8
- lien of vendor of fixture not good against 43:1217-1248
subsequent mortgage of land Primary jurisdiction of federal courts in
8:508; 9:489 friendly receiverships 47:682-88
Lis pendens as applied to vendor's lienVERDICT
securing negotiable note 34:90 See Constitutional Law, Criminal Law
Priority of purchase-money mortgage over (Trial), Jury, Trial.
after-acquired property clause of earlier
mortgage 48:475-476 VESTED INTERESTS
See Estates,
Right of purchaser from grantee toFuture
main- Interests, Legacie
tain suit to remove cloud on Devises, Rule against Perpetuities,
title caused
by express lien after statute in Shelley's Case, Trusts, Wills.
of limita-
tion bars debt 34:779, 793 VESTED RIGHTS
Right to sue for deficiency after strict
foreclosure 28:641 See Constitutional Law, Insurance (Ri
of beneficiary).
Specific performance against assignee of
vendee 37: 62 VETERANS
Vendor's lien: effect of
Liability for part
attorney's assign
fees of compe
notes I4:7I tion proceeds in hands of guardian
Vendor's lien given 49:847 to b
tract of sale 30:92 Right to priority for deposit by veter
Whether fixtures annexedguardian ofby conditional
compensation proceeds
buyer subject to prior mortgage 46:532
32:732 VETO
Remedies of purchaser Effect of partial veto 37:382
Abatement of purchase price for deficiency What constitutes an item of an appropr
in quantity of land beyond reasonable tion bill 50:843
contemplation of parties 38:839
Breach of warranty as defense to action VICE
for PRINCIPAL
purchase money 8:II9 See Master and Servant.
Effect of payment of purchase
VIEW
price by
one of several heirs of purchaser 39:906
See Criminal Law (Trial), Evidence (R
Equitable lien of purchaser in sale of luna-
evidence).
tic's estate without authority 13:307
Measure of damages on wilful default
VOLUNTARY of
ASSOCIATIONS
vendor 16:304 See Associations.
Merger of executory contract of
acceptance of deed 28:719 VOTING
See Constitutional
Purchaser of mortgaged land redeemed and Law, Corporations,
sold by executor 17:267 Elections, Evidence, Municipal Corpora-
Purchaser's lien after rescission tions.for fraud
36:891
Purchaser's lien for recovery of deposit WAGERING CONTRACTS
15:238, 414 See also Illegal Contracts.
Specific performance against intervening Acquisition of title to money by winner a
purchaser who takes with notice of op- cards 37:768
tion of plaintiff 26:747, 763 Basis of princip
Subrogation denied to grantee with notice 46:32-
Bookmaker's ri
who discharges outstanding encumbrance
38:837 losses under rec
Unknown zoning restriction as defense to 47:537

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WAGERING CONTRACTS -WAR 645
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Cestui's recovery of trust property left in evidence to contradict insurance policy


bucket shop 20:657 47:1OIO
Chance of loss in mechanical devices Waiver distributed among the departments
20:4I8 of election, estoppel, contract, release
Contests and the lottery laws 3I:499
45:1196-1219 WAIVER OF TORT
Dealings in futures 40:638-642 See Election of Remedies, Quasi Contra
- contracts between broker and customer
40:639-640; 45:9r5 WAR
- contracts between brokers who are mem- In general
bers of exchanges 40:638; 45:9r3 Belligerency
- statutory changes 40:640642 War-time legislation
Essential elements of wagering contracts Alien enemies and enemy property
6:203 Effect on commercial relations
Insurance contracts: when void as wagers Military law
II:512-515; 12:217, 569; I5:573 See also Agency, Aliens, Constitutional
Legislation affecting commodity and stock Law, Contracts, International Law, Prize
exchanges 45:912-925 Law, States, Statutes.
Loans obtained to pay losses: recovery by
lender I:256; 10:524 In general
British War
Pool-ticket bets: effect of statute Administration 33:631
forbidding
except at race-courses 4:38 Claims by American civilian nationals to
Profits of gaming: enforceability ofpayment
con- of damages for injuries caused
tract for division 9:545 by acts of Germany during the world
war
Recovery of money lent for gambling 37:492
22:65; 23:71 Code of maritime neutrality 30:627
Reinsurance policy as wager when pro- Doctrine of necessity 42:290-291
ceeds swell general assets on insolvency Duration of war between United States and
of reinsured 50:97-99 Germany 39:1020
Enforcement
Renewed promise to pay for new considera- of state high
tion 22:149; 24:246 members of military forc
Right of one party to recover States, engaged in duties
on account
prosecution
of fraud of other 20:60, 72, of the war 32:81
330
Extrastate
Stock-gambling contracts: recovery enforcement
of se-of war-time stat-
utes confiscating
curities deposited as collateral 9:286property of enemy aliens
-whether entire transaction necessarily 46:203
vitiated 3:185 Federal control of railroads as a war power
Whether entirely void of the President
under 31:860-862, 870-874
a statute
20:492 Government organization in war time and
WAGES after 33:63r
International dispu
See Administrative Law, Bankruptcy, 40:662-644
Choses in Action, Constitutional Law,
Jellinck's doctrine of war as an instrument
Contracts, Labor Law, Liens. of human progress 31:101, 143
Law in war time, 1917 31:692-701
WAIVER Marriage by proxy in war time
See also Agency, Bills and Notes, Chattel 32:473, 479, 482-488
Mortgages, Constitutional law (Trial
Naturalization of aliens in time of war
by Jury), Contracts, Criminal Law, 32:16o
Equitable Servitudes, Equity, Estoppel,
Neutrality 50:436-448
Executors and Administrators, Foreign
Peace: failure of schemes to se
Corporations, Insurance, Judgments, 29:566-577
Landlord and Tenant, Limitation of to enforce peace 29:577-581
-league
Actions, Master and Servant, Process,
Problems of the war in international law
Quasi Contracts, Sales, Witnesses. 33:629
Effect of provision in contract against
Right of judiciary to determine existence
waiver of broker's rights 43:1150 of war emergency 33:585, 608
Of condition in promise by statementState
that power over intrastate railroad rates
compliance will not be required 46:23 during federal control under the war
Oral agreement to revive lease made after
power 32:299-314
re-entry for non-payment of rent Strikes in war time
42:132 United States neutral
Oral waiver of conditions in written con-imposed thereby 11:r20
tract for the sale of land 34:93 War power as constitutional basis
Waiver and estoppel in admitting parol 48:809

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646 WAR - WAREHOUSEMEN
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and
CASES. The figure in front of the colon refers in each instance to the volume.

Whether sovereign must makeEffect on commercial relations


compensa-
Contracts
tion for property taken for defense ofbetween citizens of belligerent
the realm 34:807 countries: dissolution 31:640, 66i
Contracts between citizens of belligerent
countries: jurisdiction of neutral courts
Belligerency
29:o08
Contributions and requisitions: right of
Corporations: position of foreign share-
belligerents to levy the same 15:I40 holders in time of war 33:370-375
Instances of recognition by European coun-
tries 9:411-416 Dissolution of foreign partnership by dec-
laration of war 35:337
Instances of recognition by the Un
Effect on partnership compose
States 9:408-411, 416-417
33:372; 40:138
Principles governing recognition of the
same The English moratorium 28:407
9:406-419
Increased use of letters of credit in con-
Recognition of the
nection withsame in
war-time commerce Cuba
9:416-419 32:1-2
Seizure of Vera Cruz as act of war
Intervening war: effect on agency
50:431-434 31:637, 650
War-time legislation
Intervening war as defense to contract to
Certification for compulsory military serv-
carry mails 17:200
ice: whether an illegal interference with
Position of foreign shareh
the right to employment 32:436 war I7:588
Constitutionality of war emergency legis-
Practical imp
lation 30:66-675
End of war between United States and
contracts due
32:78
Germany 39:1139-1141, 1145 Private contracts intended to embarrass
Espionage Act - the Abrams case - a dis-
government in prosecution of war
sent 33:747-774 32:433
Freedom of speech in time of war: the en-
Recovery for increased insurance premiums
forcement of the Espionage Act:
due to war risks denied gen-
by German-
eral discussion 32:417, 434,
American Mixed Claims932-973
Commission
In the United States 32:583 37:492
Moratory legislation in war time 46:1064
Military law
-list of moratory laws in United States
As amplified by war-time legislation
applying to persons in military service 32:583
46:1085
Comparison of Roman law and military
War legislation in 1917 31:694-701 law 32:349-373
Concurrent jurisdic
Alien enemies and enemy property tary tribunals 32:576
Admiralty: suit against non-resident alien Duration of state of war 39:1042
enemy 32:285 Legal relations of the army to the outside
Alien enemies: expatriated
world 32:187 citizen
ligerent countries
Liability as prisoners of civi o
29:233 15:850
-status of, in courts of belligerent Nature and scop
28:312, 317 45:400-402
Condemnation of property owned by part- Necessity of military force for martial law
nership partly composed of enemies 35:338
29:795 Selective service law: whether civil or mili-
Confiscation of private property, 19I4- tary tribunal has jurisdiction over drafted
I918 50:419-421 man awaiting sentence for crime
Corporations: mode of determining their
32:576
enemy character 15:236 Trial of civilian by military court in time
Enemies in courts of justice of peace 34:659
31:470, 495
Enemy property: shipment from enemy WAREHOUSEMEN
country where title passes in transit See to also Carriers, Pledges, Restraint
neutral consignee 3o:651 Trade, Sales.
- whether insurable by domestic company
15:237 In general
Right of domestic partner in the seized as- Attornment: operation as estoppel 8:42
sets of enemy firm 35:337 Contract exempting from liability for neg
Status of alien enemies in courts of bel- gence 35:478
ligerent 32:737 Grain deposited in
Suits by alien enemies 33:871 common 11:345

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WAREHOUSEMEN - WATERS 647
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

whether sale or bailment 8:432; Relief in equity against waste 33 124


Remedies against "milking" of property
11:345
Public grain elevators: owners storing their by mortgagors 46:491-497
own grain I6:209 Right of holder of interesse termini t
join waste by tenant 29:101
Warehouse receipts Right of holder of right of reentry to
Conclusive evidence 28:627 lief 48:I208-I209
Exchange of old receipt for new: how
Rights of mortgagee a
affecting intervening receipt to15:863
damages for waste 22:387
Fraudulent issuance by agent 14: 52 Tenant at will: non-liability for perm
Liability for fraudulent issuance by agent: sive waste 2:7, n. 2
effect of Uniform Warehouse Receipts Tenant for life without imp
Act 28:336 waste not entitled to procee
Liability to transferee mental trees taken of no
by gov
receipts when negotiable 33:618 rec
sued before Liability notice of tran
for ameliorative waste
Parol modification 14:226; of term
43: I30-1134
Unauthorized substitution of
- life tenant's right to commit 43:506 o
rights of pledgee
Vendor's liabilityof receipts
for permissive waste
positor's trustee in bankrup 48:821-828
Pledge of negotiable
Waste as a defensereceipt
to action by lessee toto
houseman 34:793 enforce option to purchase fee 39:135
Warehouse receipt issued by buyer for
goods stored in hisWATERS
private warehouse
47:1072
In general
Wrongful pledge of warehouse receipts to
Natural watercourses: ownership of
innocent pledgee 29:541, 561 and banks

Uniform Warehouse Receipts Act Natural watercourses: riparian rights


? 20 28:336 Natural watercourses: obstruction, pollu-
?39
tion, and diversion
37:278
?42 37:278
Natural lakes and ponds
Tidal waters
?52 37:278
Surface waters
? 58 28:336
Construction of 29:5, Ir, 56I Subterranean and percolating waters
Flood waters
States adopting act in 193I 1 45: 4I3
Test of good faith 42:285 Appropriation and prescription
Conveyances and contracts
WARRANTY Artificial watercourses and dams
See Agency, Bills and Notes (Indorse- Public rights
ment, Choses in Action, Doctrine of PriceSee also Accretion, Easements, Eminent
v. Neal), Covenants of Title, Limitation Domain, Injunctions, Nuisances, Public
Utilities, Taxation.
of Actions, Parol Evidence Rule, Sales,
Torts.
In general
WASTE Collective priority -restoration proceed-
ings to settle water rights 50:296-301
See also Estates, Equity, Future Interests,
Injunctions, Landlord and Tenant. Fifty years of water law 50:252-304
By trustees 42:221
Change of premises Naturalwithout damage:
watercourses: ownership of bed
whether actionable 14:226 and banks
-restraint by injunction 14:226 Bed of rivers: tests of state's ownership
Contingent remainderman's right to dam- 14:232; 27:80, Ioo
ages for waste 50:767-768 Change in river's course: how affecting
Injunction against waste to protect in- rights 9:223, 549; 16:527
riparian
choate right of dower 28:6I5, 631
-sudden and gradual change distinguished
Lien-holder's right to bring action at law 8:171
19:389 Extension of city boundaries to pier built
Permissive waste: life tenant's liability
intofor
navigable river 21:364
loss by fire 13:15I French law 33:159-161
- whether tenant for years Position
liable for
oftreble
state boundary line a
damages 22:149 sion 21:223
Recovery by life tenant for injury
Position oftostate
the b
inheritance: relation to liability
gable riverfor per-
21:223
missive waste 28:637 Right of owner of both bank

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648 WATERS
References in heavy-faced type are to LEADI
CASES. The figure in front of the colon refers i

navigable stream Right


to to compensation
maintain where loss trover
results
fish taken from stream 33:325 from improvement of navigation
Title to mid-stream: acquisition by adverse 38:124
possession of riparian land II:130 Right to natural flow I8:234
Right to land formed by accretion 8
Natural watercourses: riparian rights 9:223, 549; I6:527
Access: right in general 4:18-19; Right to reclaim land lost by erosion
I4:451 17:286
-to wharf on tidal river 24:586 Riparian and priority systems of water
-upland owner's rights over foreshorerights 28:271-272
36:763 - comparative merits 27:530-544
Administrative determination of private --essential features of two systems dis-
water rights 35:450, 470 tinguished 37:602
Analogy between law of running water and rights of railwa
Riparian
law of wild animals: reduction to cap- water for supplyi
stract
tivity as necessary to make subject of I8:7I
property 22:204-208 Riparian rights: various doctrines in the
Change in river's course: United States 26:613-614
how affecting
riparian rights 9:223, 549; 16:527 Riparian system of water righ
Constitutionality of legislative determina- 36:960-962
tion and limitation of riparian rights to State ownership of running wat
a maximum use 40:1023 28:286-290
Continued flow from pondStreams supplying
flowing from ponds: rights in
stream 2:195-211, 316-331; 3:1-22 waters of pond 2:195-211, 316-331;
Duty of upper riparian owner to lessee of 3:1-22
lower riparian owner 49:344 What are riparian lands I3:299; I4:376
Early common law 33:133-148 Whether right to build on navigable stream
is a property right 38:124
Extinguishment of riparian rights by parol
license acted upon I9:293 Whether states succeeded to sovereign
Federal control v. state control of jurisdiction
riparian of United States over waters
rights in Supreme Court of theinUnitedpublic domain out of which they were
States 28:279-282 created 28:291-292
Federal ownership of water rights in pub
domain 28:286-291 Natural watercourses: o
tion,
Federal statutes relating toand diversion
water rights
28:272-274, 292-293 authorized b
Diversion:
29:108
Finality of administrative determination of
private rights 38:447-481 - authorized by state 8:62
-of
Flood waters: interest in, of lower waters of pond supplying str
riparian
owner 26:278 2:195-211, 316-331; 3:1-2
French law: Code Napoleon 33:134 -interstate river 8:138-160;
- navigable rivers 33:151-152 2 :132, I44
- streams 33:148-151 - rights of owner of artificial watercou
Influence of French law discharging upon American into natural stream
law 33:133-167 29:144-152
Loss of status as riparian -right to divert: restoring like amount
by reclamation
39:519of water 15:863
Natural communism - restoring
in running streamwaterto
47:430-440 13:683; 14:233; 15:238
Nature of riparian rights: in general - right of state as bed-owner to enjoin
2:198-199; 4:15-17; 8:140-142; I5:863; 19:216
22:190-213; 27:534 Embankment to prevent flooding 34:566
-assignability 16:145; 17:14I French law 33:159-160
Origin of term "riparian" 33:136-148 Liability of highway authoriti
Prior occupancy: as increasing riparian ference with natural watercourses
rights 7:186 28:481487
Obstruction:
Recovery against canal authorized
companyby state I4:451 op
under right of-interruption
eminent of water right:
domainmeasure of 2
Right against citydamages for diversion
i5:577
Right of city as Pollution:
a authorized by owner
riparian state I4:158; of
flowing through 33:157-158 i6:I45; I7:I41
Right of wharfage: in general 4:19-24 -by surface water and sewage
Rights of riparian owners subject to rights 28:486487
of producer of artificial flow - non-negligent pollution in mining opera-
29:152-156 tions 22:445

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WATERS 649
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

Natural lakes and ponds ties with respect to surface waters


Division of lake-bed among abutting own- 28:490-494
ers 23:314 Right to drain surface water from adjoin-
French law 33:152-154 ing land 18:626
"Great ponds " under Massachusetts Right to facilitate drainage
law: 25:297
Watuppa Pond Cases Statutory compensation for injuries to land
2:195-211, 316-331; 3:1-22; 5:148 from surface waters by location and re-
Littoral ownership: nature of rights inci- pair of highways 28:493-494
dent thereto 15:68
Nature of state's title to relicted bed of
Subterranean and percolating waters
navigable lake 40: 140
Application of principles of riparian law
Ownership of land under Great Lakes
6:445; 7:r15; 12:429
natural watercourses to percolatin
Rights of riparian owners in bed of dried-
waters 37:605
Diversion to lands b
up lake 17:410
Right to wharf in Great Lakes 12:429 of origin 37:602, 636
Sale of riparian land with knowledge of French law 33:154-157
Origin of the American doctrine
proposed user: effect as creating ease-
ment 28: 06 able use 37:603
Title to
land Percolating
under waters: water la
sion of
non-riparian
appropriation 7:I20, 369; 11:200;
owne
26:185 13:151, 414; 16:295; 18:71
Waters of - motive as affecting
lakes and right to appropriate
pond
with as watercourses 2:317431; 7:369; 8:i80; 9:362
- recovery by adjoining owner for loss of
3:17-22
Tidal waters support by defendant's drainage
Littoral rights: enjoining removal of natu- 25:296
ral barrier against sea 16:374 Rights in percolating waters tributary to
appropriated waters 36:764
-extinguishment by encroachment of sea
Springs: property in the water: land-
14:376
owner's right to water 9:550
-right to enjoin interference with accre-
tion 45:753 Subterranean streams: landowner's right
-wharf built to appropriate
by littoral10:I90; 11:200;own
I6:295
Natural Support from
communism inunderground
the waters: what
seashor
is "water" 10:183; I3:299
47:450-457
Nature of Unreasonable
state's title diversion of percolati
to tide-flo
25:745
water not permissible I6:295;
Right of access as property 14:451 17:140, 426
State and federal rights 3:346374 Whether diversion of artesian waters be-
-federal right to improve navigation yond overlying lands is unreasonable use
24:69 Flood waters 37:604
State's rights superior to riparian owner's
11:344; 14:158
Non-riparian owner's right to
Tide-flowed lands and riparian rights in the 27:476, 497
United States i8:341-363
Appropriation and prescriptio
Surface waters
Administrative regulation
Discharging water in artificial stream: on Appropriation of minerals in s
highway 15:751 20:487, 503
-on lower land 11:130; 14:390 Appropriation for beneficial
Distinction between natural watercourses fying stream 24:329
and surface waters 28:480-481 -for irrigation: extent of right
Extent of rights: doctrine of reasonable use
-right to take water from stream
not applied to surface waters 26:i86 state for irrigation in another
Liability for accelerating flow by artificial Appropriation system of water righ
depressions 30:404 36:961, 962
Natural drainage: civil law rule 11:65;
Determination of private rights: th
14:390 Code 38:466-468
-increasing flow by artificial erections -Oregon plan 38:467-475
14:390 -Wyoming plan 38:450-452
- lower owner preventing flow II:65 Federal disposition of state waters in p
Rights and liabilities of adjoining land-
ority states 28:270-293
owners with respect to surface waters
Natural average flow and commerc
28:489-490 pendable average flow 36:970
Rights and liabilities of highway authori-
Origin of the priority system 28:272-273

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650 WATERS
References in heavy-faced type are to LEADIN
CASES. The figure in front of the colon refers in

Prescription: whether Claim ofapplicable


a state to use to all wa
ficial watercourses I3:608; 15:238 in its boundaries 36:965, 969, 972
Prior appropriation: basis of right Comparison of interstate priority and ap-
25:r73, I95; 27:531-533 propriation theories 36:984, 985
-licensing system 27:544 Conflicting decisions of state and federal
Prior occupancy: as increasingcourts as to navigability 35:341
riparian
rights 7:186 Conservation of water-powers: in general
- western law 10:454 26:601-630
-federal obstacles
Rationale of appropriation system to conservation
as it
exists in the West 37:602 26:622625
Reasonableness of method of -interests of conservation not hostile to
appropria-
tion: water-wheel 25:745 those of water-power owners
Right to retake water discharged into 26:628-629
stream 29:144-152 -under state legislation 26:625-628
The riparian and priority Cutting ice on public ponds i5:68
systems of wate
rights 28:271-272 Equitable division and interstate priority
Water severed from stream: theories compared
ownership 36:975-986 of
29:137-138 Federal Water Power Act 1920
Water severed from stream in enjoyment 35:179-181
of riparian rights as personal property Fishing: nature of the right 3:358;
22:208-209 I5:68
-as property of taker 22:202-209 -acquisition by prescription of right in
Whether priority system in western states private waters 25:280, 295
depends on federal or state sanction --in non-navigable, non-tidal stream
28:273-279 33:325
Conveyances and contracts -state and federal rights 3:350-374
Assignment of riparian rights I6:I45; "Floatable streams ": public rights in
26:66I 7:486
Authority of state and federal courts Foreshore: general rights of public over
35:34I foreshore 36:763
--relation between public and private
Conveyance of easement for pipe in return
for privilege of using hydrant creating a rights 36:764
Foreshore
servitude on the pipe line and water sys- improve
tem 30:297 pensation to owner II:344
Distinction between contracts for water French law: public lands and the w
rights and contracts for property right thereon 33:157-158, 161-167
in specific quantity of water Government control of private water
22:210-213 power dams 26:614-622
French law 33:165-167 Great ponds: rights of public unde
Lease of water privilege I6:I45, 225 chusetts law 2:195-211, 316-331;
Shares in mutual irrigation company as 3:1-22; 5:148
appurtenant to realty 44:476 Hunting over foreshore 36:763
Artificial watercourses and dams
Interstate priority and commercially de
pendable average flow 36:977
Discharge of surface water by artificial Interstate priority and priority betwee
channels 1I:130; 14:390; I5:75I private interstate claimants 36:984,
Exclusive use of property incident to ease- 985
ment to flow 17:28I
Irrigation and equitable division between
French law 33:159-161 states 36:980-982
Preliminary mandatory injunction chang-
Is a city a riparian
ing the status quo 41:671 Land under Great La
Prescriptive right to compel continued
convey 6:445; 7: 15
maintenance 13:608; I5:238 Natural average flow and co
-of artificial flow 29:142-144 pendable average flow 36:970
Rights of party bringing water from one
Navigability a federal question
river to another: summary of 35:164-169
29:156-157
Navigability as test of public right
Right to retake water discharged into 35:155-162, 168
natural stream if part of original project Necessity of actual user 33:872
29:147-152 Pollution of tide water by state: right
Right to stop artificial flow while in con- enjoin I4:158
trol of producer 29:138-142 Possible methods
Public rights ing state claims 36:963, 964
Administration and equitable division Power
be- of legislature to authorize pollu
tween states 36:982-984 of fisheries 46:x65

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WATERS - WILLS 651
References in heavy-faced type are to LEADING ARTICLEs; in ital
CASES. The figure in front of the colon refers in each instance to the

Holographic
Power of legislature to declare wills
navigability
35:155, 158 Mutual wills
Principle of equitable division between See also Conflict of Laws, Constructive
states 36:963-967, 975 Trusts, Descent and Distribution, Elec-
Principle of interstate priority tion, Evidence, Executors and Adminis-
36:967-975 trators, Future Interests, Legacies and
Right of city to take water Devises, from Libel and Slander, Parol Evi-
navigable
stream 29:108 dence Rule, Powers, Rule against Per-
Right of each state petuities,
to Taxation, Trusts, Witnesses. it
determine
of water rights 36:966
In
Right to take fish and game on a navigable general
non-tidal stream 27:750, 770 Attorney-client privilege in testamentary
Source and growth of federal authority cases 40: 115
35:169-173 Contract to make will in consideration of
State and national control of navigable personal services 33:480
waters 35:154-181 Husband and wife as statutory he
State destroying right of access without 42:330-364
compensation I4:451 Insurance policy as testamentary
State ownership of waters 35:162-164 tion under community property
State taking water for use of city 8:62 46:340
State's remedies for breaches of federal Joint suit by claimants under am
laws 35:173-178 will 12:45-49
State's right to take riparian Libel in land willfor leveepr
9:483 proceedings 48:1029
Liberty
State's power to forbid of testation
water in Britis
from stream
common-law
to be carried outside state injurisdiction
pipes
Life insurance trusts and the Statute of
2I:627
Wills
Submarine land: state and 46:818-823
federal righ
Nature
3:356-360, of wills 40:z025-1026
367
Taking of riparian Right
rightsof oneby
serving as executor to
eminent doco
main 28:484-486, 494 the will 40:646
Specific
Test of navigability: effect of artificial performance
im-
provement 35:159-161 a will 38:696
- in federal courts Statutory limitati
35:155-156, 161-162, 168 table bequests, as o
-in state courts 35:156-158 44:660
Testamentary char
Water rights between nations 36:979-980
Ways and waters in Massachusetts 48: 168-z169
28:478-495 Trusts and the Statute of Wills
WAYS 43:521-553
See Adverse Possession, Boundaries, Wills
Dedi-and administration: the progress of
the law, I918-1919 33:556-75
cation, Easements, Highways, Railroads.
WHARVES Testamentary capacity
Adjudication of lunacy as evidence of testa-
See Admiralty, Municipal Corporations,
Public Utilities, Taxation. mentary incapacity 36:756
Burden of proof 3:188, 336; 12:508
I3:5S8; 33:558-560
Capacity of infant soldier 31:I022, I039
See Divorce, Domicil, Dower, Husband and
Wife. Competency of a spiritualist 34:631
Effect of civil death statutes 50:974
WILLS Effect of drunkenness 15:487
In general
Presumption of sanity 12:508; I3:518
Tests of capacity I3:4I4
Testamentary capacity
Execution Execution
Incorporation by reference Admission of conclusions of handwriting
Fraud, undue influence, and mistake expert as to genuineness of signature
Probate
43:497
Construction: in general Animus testandi: conclusively presumed
Construction: particular words from testator's knowledge of nature of
Alterations and modifications document he signs 23:573
Revocation
-directions to solicitor as to preparing
Revival and republication will 33:556-557, 620
Joint wills --effect of lack of knowledg
Nuncupative wills ment is will 39:I104

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652 WILLS
References in heavy-faced type are to
CASES. The figure in front of the colon r

- proving an undelivered Repudiation deedof to


by parol evidence of animus 19:52tes
21:45I Valid codicil ref
Attesting witnesses: attestation before undue influence 33:872
signing by testator I3:414 What words are sufficient 26:278
--competency of executor as attesting
witness under statute requiring attesta- Fraud, undue influence, and mistake
tion by "credible witnesses" 22:616 Advances: conclusiveness of recital in will
- defective signature of attesting witnesses as to amount of 19:68
25:395 Burden of proof 24:329; 33:558-560
-husband or wife of legatee as witness Fraud: conflict between equity and pro-
7:500; 8:18i; I8:474 bate jurisdiction-survey of cases since
-incompetency for interest affecting 1748 41:309-316
whole will 8: i8 Fraud in the execution 4I:324-326
- member of Fraud in the inducement corporat
charitable 41:316-324
tee under will 11:67 Fraud of other than legatee 16:310
-proof of execution of Fraud, undue will
lost influence, and mistake in
where
attesting witnesses unknown 30:773 wills 41:309-339
-signature in presence of blind testator Fraudulent heir made constructive trustee
33:566 20:403, 412
-what constitutes "within presence of Gift to attorney: presumption of undue
testator" I3:530 influence 14:73
- whether signature Imposition
amounts to of a constr
declar
tion that testator was of sound mind refusing death-bed
23:409 invalid will 48:1178-1179
--whether witnesses must attest testator's Imputation to other legatees of pre
signature under Statute of Frauds tion of undue influence arising fro
28:217 fidential relationship 48:692
Effect of alternative devise to wife of wit- Mistake 41:329-339
ness under Wills Act I7:579 Power of court of equi
out of will 26:212-214
Effect of probate upon will of full-blooded
Spiritualism: when spiritu
Indian not approved and acknowledged
as required by Act of Congress cations
36:351amount to undue influence
Proof of execution: acknowledgment be- 34:627-629
fore attesting witnesses 8:290 Striking words out of a will for mistake
Publication 40:71 41:333-339
Publication by interpreter 3I:495 Striking words out of will on ground of
Reixecution 40:73 mistake 26:212-236
Signature of testator Undue at influence
end of 4I:326-329
will 5:152;
13:686; I8:627; 21:452; 24:247;
33:5665-566 Probate
- signature on unattached piece of paper Administrator as an interested party: right
33:989 of administrator to contest a will on the
Soldiers' wills 33:556-557, 620 ground of forgery 40:1024
Soldiers' wills of personalty 31:1022 Collateral attack for want of jurisdic
Stockholder in corporation made executor upon decree of domestic probate co
witnesses will 29:795 see Judgments.
Unattached scraps of paper 33:989 Collateral attack in equity on decree
Validity of will exercising testamentary probate court allowing will on gro
power of appointment 35:329 of fraud denied 33:568
Collateral
Will invalid by law of testator's domicil a attack on jurisdictio
good exercise of a power if valid by lawbate court 22:442, 459
of donor's domicil 23:222 Collateral attack on sale of land
ministrator appointed pending
Incorporation by reference tion for probate 50:367
In general 28:238-240; 40:72 Directions in letter to solicitor as to
Amendable trust deed incorporated changes
and desired in will admitted to pro-
subsequently changed 49:498 bate 33:556-557, 620
Documents entitled: joint w
Doctrine distinguished from rule requiring
testator's signature at end of will of one testator 11:67
19:528 Effect of probate and adminis
Incorporation of writing following the 32:318-322
signature 42:965 Effect of probate of will of
Indian document
Reference to an existing not executed in
asconfor
exis
ing 31:1171 of Congress 36:351

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WILLS 653
References in heavy-faced type are to
CASES. The figure in front of the colon

Effect of Constructive
probate oftrustswillbased on promises o
part
been maliciously destroyed 30:527 made to secure bequests, devises, or in-
Effect of probate of will under full faith testate succession 28:237-269, 366-393;
and credit clause 38:664, 684 37:I53
Contribution
Effect of revocation of probate upon rights and acceleration when widow
of legatees 23:215, 230 takes against will 47:889
Enjoining probate of will made in breach
Cross-limitations to "survivors" and
of specifically enforceable contract
" others" to48:1233-1235
devise land 30:192 Deduction of extinguished note f
Functions of a German under probateset-off court
clause 30:298
21:489-491 Devise " forever " followed by gift ove
Lost and destroyed wills 35:95 death of devisee 40:916
Original probate of foreign will Directing application of appointed
23:467, 490 erty to save trusts otherwise viola
Power of court to strike out words on Rule against Perpetuities 46:1347
ground of mistake 26:215-223, 227-236Directions to disinherit 42:335
-what sort of mistake necessary Disinheritance by express clause 44:137
26:223-227 where no affirmative disposition to an-
Probate attack for want of jurisdiction other 33:618
15:746 Disposal of lapsed
Probate of compromise will-treatment legacies left to s
under federal estate tax of provisions not Disposition of annu
in original will 49:844 tant 31:495
Probate of will of one who died without Disposition of inc
heirs contested by state claiming right to pay estate liabilities 46:863
of distribution 21:452 Effect of making same person special and
Revocation 32:322-329 residuary legatee 29:109
Right of executor to recover Effectcosts in un-
of statute abolishing necess
successful contest to probate words of will 23:568 to pass a fee
limitation
Right of holders of gift in default
a gift toremainder
for life, con- to issue
test will purporting to exercise power 33:988
48:1242 Effect of statutes altering the posit
Situs of property for probate duty, see illegitimate children on judicial cons
Conflict of Laws. tion of wills 45:890-896
Standing of state tax commission to con- Effect on condition subsequent wh
test will where amount of tax will be vise over fails 36:765
affected 50:705 Erroneous description of land in a
Striking out clause inserted by mistake 33:467, 486
14:390; I6:379 Estates by implication 26:382
Validity of executor's stipulation to arbi- Exclusion from devise in general terms of
trate mental capacity of testator land held by testator as mortgagee
50:537 4I:806
Construction: in general Executory devises conditioned on failure
Absence of words of inheritance where no to alienate a fee 32:437
remainderman 33:619 Executory limitations over on death
Acceleration of vested remainder despite
death without a issue 37:1137
substitutional gift 38:I121 Exercise of power of appointment
Adoption by testator of statute of distri- 35:326
bution to determine remaindermen Exoneration of specific property from en-
44:1302 cumbrances existing at the death of the
Adopted children: how designated testator 40:631
34:529-531 Former testamentary
After-acquired real estate under specific de- sible in order to clear
vise 33:568-569 in the testator's la
Applicability to appointed property
From what timeof
does
direction that inheritance taxes revocatory
General be paid
out of residue 50:844 General rules 12:510; 15:498
Condition for forfeiture in case-as ofillustrated
contest by recent cases
by legatee 18:153; 25:745; 28:336; 34:522-532
33:569; 39:628, 663 Gift of income till marriage passes absolute
Condition of devise rendered impossible estate by 23:573
testator 39:907 Gift of income to a c
Conditional wills 33:485, 565 39:659
Conflicting devises: rules of constructionGift over if legatee
7:55; I5:498 29:46I

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654 WILLS
References in heavy-faced type are to
CASES. The figure in front of the colon r

Gift over in derogation of fee 4I:544 -testator's direct sta


Gift to a class 32:863; 37:636; 49:705-712
48:1221-1228; 50:984 Release of personal indebtedness including
-devise of remainder to testator's living partnership obligations 6:106
children 33:739 Restraint on freedom of religion invalid
-Jarman's definition 49:925-930 against public policy 36:765
- on a contingency: contingency not Reversion
im- subject to a power: rights
ported into determination of the class residuary legatee and next of kin
30:772 21:151
- what constitutes 49:903-933 Rule against disturbing a plain meaning
--whether including child en ventre sa 4I:259
mere 21:360, 369 Rule in Shelley's case 6:321; io:66;
Gift to children of several persons: 11:418; 12:64 rule
of construction 39:662 --application where remainder is left to
Gift to grandchildren upon the "issue, share and share alike"
youngest's
attaining twenty-one 37:637 30:195
Gift to heirs to be ascertained at death of - bequests of personalty 23:1, 69
life tenant where latter predeceased tes- - judicial avoidance of 48:1213-1216
tator 50:359 Rule in Wild's case 23:314
Gifts to heirs and next of kin "To dispose of in accordance with
48:1228-1231 structions to her" construed as insuffi-
Gifts to issue-problems of capital and cient to incorporate by reference
stirpital distribution 48:1231-1233 26:278
Illegitimate children: how designated The rule favoring title by descent over
34:531-532 title by devise 46:993-1000
Implication of gift to issue because of Trust for maintenance as absolute g
gift over on failure of issue 21:451 irrespective of life beneficiary's in
Implication of cross limitations in bequest pendent means 47:1073
to tenants in common limited by gift Trust or absolute gift: avoidin
over 22:388 Morice v. Bishop of Durham 31:661
Implied devise I8:548 Vested and contingent remainders: accelera-
Interpretation of will of ration personalty: 36:765
by
what law determined i6:62; Vesting of future
20:226, 233 Where the will dis
Mistakes in will: how far may courtdevisee
rem- is to hold
edy them 33:560-565 disclose the terms 28:382-387
Mixed gifts to individuals Whether and classes
annuities are payable by life
49:913-917 tenant to remainderman from corpus
Omission of subject of disposition 36:630 22:459
Parol evidence: admissible to show be- Wills of husband or wife-gifts to other
quests substitutional I7:I41 on condition not to share in intestate
- to interpret testator's meaning ofproperty a par- 42:336
ticular word 37:278
-to prove testator's meaning Construction: of words particula
contrary to primary meaning "Appointment" as used
2I:434, 452 testamentary power 38:661, 684
-when subject of gift or beneficiary " Born," whether including child en ventre
thereof is misdescribed 35:678-680 sa mere 20:651
Power of appointment not exercised by "Children" as not i
general pecuniary bequest 49:1382 dren 43:669
Precatory trust distinguished from condi- "Children," "he
tional devise 11:261, 482 cluding adopted children 13:308;
Probable cause as a test of validity of con- 38:976
dition for forfeiture in case of contest "Children" held to mean only legiti-
39:631 mate children 27:691
Qualifying clauses: effect on absolute gift" Death without issue " and s
when clauses fail 23:485 50:770-772
-per capita or per stirpes 25:572; " Die without issue who shall reach twenty-
39:662 one." 35:478
Recent developments in interpretation of " Heir " construed to include husband
wills 49:689-714 41:259
- "Heirs "-life
disturbing " plain estate to sole heir
meaning " with
remainder to testator's heirs 45:1121
49:690-698
"Heirs or heirs of herdescription
--erroneous and excessive body" construed
as "children" io:66; 44:474
49:699-705

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WILLS 655
References in heavy-faced type are to
CASES. The figure in front of the colon r

"If any " held to negative


ficiary in a mutual benefit policy know
existence of a power 37:511 21:278, 290
"In case of death " construed to mean dur-
--origin and scope of doctrine
ing lifetime of testator and not when 33:337-338
gift vests 25:572 -probate of will where destruction was
"Issue" 34:523-526 induced by mistake as to consequences
"Issue " as word of purchase of intestacyor of limita- 39:405
tion 36:492 - revocation by clause in l
"Issue " construed to mean descendants 35:348
25:57I Direction to attorney to d
"Issue" held to include grandchildren letter attested as require
7:125 Divorce of beneficiary fro
"Issue living" held to include posthu- 7:125; 19:69
mous child 9:349 Duplicate wills: loss of one of two du-
"Next of kin" distinguished from
plicates in possession "re-
of testator
lations" 34:522-523 35:626
"Next of kin " of foreigner 39:277 Effect of general revocatory clause
"Others " as "survivors" 48:1234-1235 32:183
"Providing she dies leaving lineal heirs " Effect of marriage in one country on will
9:158 made in another 14:379
"Surviving" 36:492 Effect of revocation: disposition of
"Surviving" as includinglegacy child en 26:382 ventre
sa mere 48:I235-1237 Effect of words on
"Survivor " construed as " other " Evidence of revoca
10:386; 44: Ioo; 48:1233-I234 of second will inadm
"Survivors " 34:526 ocation of first wi
"Wife" construed to include mistress between attorney
10: 193 Implied revocation: first codicil revoked
"Will " as used in the gift of a testamentaryby second 9:160
power 38:66i, 684 -second will later revoked 9:364;
"Without leaving lawful issue" I5:142
37:512 Irrevocable will 30:401
Alterations and modifications Partial revocation: by act done
Alterations: permissible modes of showing ment itself 23:558, 573
original words 13:308 -by adoption of child 33:724
Alterations apparent within -unattached
Wills Act scraps of paper cut from
13:308 complete will 33:989
Directions in letter to solicitorPresumption
as to changes from mutilat
desired in will admitted to probateof accidental mutilation
Ratification
33:556-557, 620 15:754
Revocability
Modification of legacies by change of joint wills 32:296
of bene-
ficiaries in trust deed 35:625 Revocation by act to the document under
a mistake 33:342-348
Modification of legacy by non-testamentary
acts 11I:273; 14:550 Revocation by marriage 34
Revocation
Subsequent definition of legacies by
andmarriage
de- of a
tioned
vises by non-testamentary on the taking place o
acts
28:238-240 templated marriage 34:95
Written evidence and alterations Revocation by subsequent instrument u
25:691-703 der a mistake 33:348-357
Revocation Revocation by subsequent will not con
Admissibility of testator's declarations of ing revocatory clause 40:329
Revocation caused by mistake
intention to show effect of subsequent
22:374, 389
will not containing revocatory clause Revocation founded expressly on advice or
40:329
Animus revocandi: effect of drunkennessbelief 33:351-353
Right of pretermitted child
15:487 pointed by parent under
Conditional revocation by act to the docu-
ment 33:338-341 mentary power 44:477
Will not revoked by express clause
Conditional revocation by subsequent in-
strument 33:348, 567, 620 ocation in later will 33:567
Dependent relative revocation: general dis-and republication
Revival
cussion 33:337-357 Codicilliary reference to one will where an-
--by written instrument 33:620 other will is intended 40:93-95
- compared with defective change of bene- Codicilliary republication 40:71-104

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656 WILLS - WITNESSES
References in heavy-faced type are to LEADING ARTICLES; in italics to N
CASES. The figure in front of the colon refers in each instance to the volume

-and powers of appointment 40:92-93 See also Constitutional Law, Contempt,


,tpmetnoC ,waL lanoitutitsnoC osla eeS

-effect upon a devise of land acquired Evidence (Opinion: expert testimony),


,)ynomitset trepxe :noinipO( ecnedivE

after execution of the will 40:76-79 History of Law, New Trial, Privileged
degelivirP ,lairT weN ,waL fo yrotsiH

- effect upon legacies to which particular


Communications, Process, Wills.
.slliW ,ssecorP ,snoitacinummoC

incidents attach 40:85-90


-flexible application of the Competencydoctrine
lareneg ni ycnetepmoC in general
40:100-104 Admissibility of judge's notes and recollec-
-cellocer dna seton s'egduj fo ytilibissimdA

-of destroyed wills 40:93-95 tion of former trial at subsequent trial


lairt tneuqesbus ta lairt remrof fo noit

Codicilliary revocation of residuary 3IOI :94 yruj tuohtiw shares


without jury 49:1II3
40:90-92 Atheists 46:1152-1153
35II-2511:64 stsiehtA

Effect of codicil under statuteAttorneys, operative in cases which t


gniyrt era yeht hcihw sesac ni ,syenrottA

only as to " will" executed after 28 its 6


ef- :53 35:682
fective date 45:1122 45II:64 nerdlihC Children 46: 154
Effect of republication upon lapsed legaciesitself de
Competency
eussi niam no gnidneped flesti ycnetepmoC

3I:901 78:03 etupsid ni in dispute 30:87


Effect of republication upon satisfied, Competency of a presi
ssentiw sa egduj gnidiserp a fo ycnetepmoC

adeemed, lapsed and void legacies and 5II:82 28:115


devises 40:95-99 suovren edulcxe ot truoc fo noitercsiD Discretion of court to exclude nervous
Nature of a codicil 40:79-85 994:94 ssentiw sa ffitnialp plaintiff as witness 49:499
Revival of prior will be revocation Effect in criminal
oftriallater
in federal courts of
fo struoc laredef ni lairt lanimirc ni tceffE

9:364; I5:142; 36:493 former conviction in state courts


struoc etats ni noitcivnoc remrof

Valid codicil referring to will invalid be-


925:03 30:529
cause procured by undue influence Husband and wife: in general I8:613;
;316:8i lareneg ni :efiw dna dnabsuH

33:872 196:53 ;276 ,856:52


25:658, 672; 35:691
Joint wills -competency after divorce 15:674
476:5I ecrovid retfa ycnetepmoc-

General discussion 20:315, 337 -non-appearance at trial 7:367


763:7 lairt ta ecnaraeppa-non-

-testimony
Contracts for joint, mutual, or joint and by wife against husband-
-dnabsuh tsniaga efiw yb ynomitset-

mutual wills 28:246-251 slairt lanimirc laredef ni elur rule in federal criminal trials
Effect of second marriage 458- 35
by 8:74
survivor 47:853-854
33:557-558 -use of testimony obtained at prior pro-
-orp roirp ta deniatbo ynomitset fo esu-

Revocability 32:296 ceeding in violation of privilege to im-


-mi ot egelivirp fo noitaloiv ni gnideec

Specific performance ofpeach testimony in favor of spouse


contract
esuops fo rovaf ni ynomitset hcaep

33:557-558378:33 33:873
-wife as witness when husband indicted
Validity where ineffective as to one party
detcidni dnabsuh nehw ssentiw sa efiw-

42:966545:9I dlihc gnillik rof for killing child 19:545


-wife's non-appearance for inden
Nuncupative wills
noitacifitnedni rof ecnaraeppa-non s'efiw

at husband's trial 7:367


Meaning of phrase " last sickness "
763:7 lairt s'dnabsuh ta

Legislation qualifying the inter


I8:548
-rus detseretni eht gniyfilauq noitalsigeL

838-438:64 roviv vivor 46:834-838


Soldiers' wills of personalty 3] 1:I022
Party to the action: te
no tius ni ynomitset :noitca eht ot ytraP

contract against estate


Holographic wills
-noc desaeced fo etatse tsniaga tcartnoc

086:53 rotcart tractor 35:680


Requisites: sufficiency of date 13:619
Power of legislature
,ylleliniriPrn ara-A-A nf priifnI'kap1 fn r-ivinP

convicted persons competent 42:957


Mutual wills
Privilege against testimony of party's spouse
Effect of second marriage 38:696 46:1151-1152
Joint and reciprocal will by parents in Psychiatrists 36:336
favor of each other and on death of
Religious belief and oath:
survivor in favor of child, transfera- quirement in Massachusetts 9:3-10
bility of beneficiary's right 4I: o6 Right of attorney to continue in case after
Promises to execute as consideration for
testifying for client 48:140
one another 39:663 Statutory changes: Massachusetts
Revocability: probate of later will 9:1-12
28:218
Testimony of bookkeeper of large establish-
WITNESSES ment who has no personal knowledge of
Competency in general facts recorded 29:863, 880
Competency as to particular matters
Where the judge is the trier of the f
Privilege against self-incrimination
an action at law 42:260
Examination Witness convicted of crime in another state
Compelling testimony 2I:547
Impeachment
Corroboration of witnesses Competency as to particular matters
Compensation Bastardizing the issue: admissibility of
Appointment of witnesses wife's testimony to prove adultery
Sequestration 26:560

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WITNESSES 657
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

- competency of husband 25:746 Illegally seized papers as evidence: whether


privilege violated 13:302
"Dead man statutes ": application to
pedi-
gree testimony 38:697 Immunity from disclosing commiss
Executor as attesting witness to a will
perjury 38:II22
Incriminating character of answers:
under statute requiring attestation by
" credible witnesses" 22:616 whether for judge 8:287
Grand jurors: testimony before"Nemo grand
tenetur seipsum prodere "
jurors 15:308 and history of maxim 5:83-85
Interpretation ofOrigin, history, andforbidding
statute general discussion of
privilege 5:71-78;
in suit against executor I5:610-637
testifying c
cerning personalPerjury
transaction
in testimony: whetherwith d
ignora
ceased 22:235 of privilege an excuse 11:267
Privilege ofin
Jurors: proceedings corporate officer ordered to
jury-room
Party to action:produce whether compet
incriminating books 25:96
testify as to his intent 12:569 Production of documents i8:234
Promised pardon for crime: effect as to
Promisee testifying in suit by beneficiary
son I8:548 privilege of witness Io: 87
Stockholder incomment
Prosecutor's corporat
on failure to testif
witnesses will 29:795 is privilege violated 12:568
Testimony of mother as to -scope
illegitimacy of
of statute forbidding comment
child born in wedlock 40:141 35:684
Recent statutes 35:682
Privilege against self-incrimination Requiring brokers to produce
Accused a witness in own behalf: how far
account of stock transfer tax w
waiver of privilege 14:624 was criminal not to pay 2I:
Application to compulsory statements out of witness to refuse atte
Right
of court 24:570, 587; 26:93 24:587
Bankrupt's books in possession of trustee
Safeguards against abuse of pr
not privileged 25:573 bankruptcy proceedings 37:141
Bankrupt's privilege as to books
Searchescontain-
and seizures as violation of the
ing incriminating evidence 5:24-30; 35:694-704
privilege
I3:296; 14:461; 16:223; 37:140-141
Statute providing against use of
Bankrupt's privilege preventing indictment
ing testimony on subsequen
for perjury 20:571 crime or penalty 5:24-0, 3
Constitutionality of statute requiring
9:357; 10:120; 13:296;op-
14:461; I6:223;
erator of motor car who has injured I7:206; a 37:I42
person to return to the scene of the ac-
Statutory protection against prosecution
cident and disclose his identity
by state, not30:I95
by United States I9:299
Construction of statute 20:6I, 76 Suggested modifications and reforms as to
Corporations: whether entitled to privilege privilege 5:87-88
I9:523
Taking shoes from accused f
Deception tests as violating the privilege
with footprints 37:164
37:II38 Testimony of accused before grand ju
Disadvantages of privilege 5:85-87 admissibility at trial 15:308
-in bankruptcy proceedings 37:141 Use of body as an exhibit 24:247
Disclosure of crime subject to prosecution Violation at John Doe proceeding as bar
in another jurisdiction 40:657; 45:595 to prosecution based on unrelated evi-
Does it extend to private inquiries 35:683 dence 48:861
Duty of court to instruct witness concern-
Violation of witness
ing privilege 33:1 9 party to suit can object IO:526
Duty of court to instruct bankrupt con-
Waiver: extent of waiver when accused
cerning privilege 37:141 takes stand I4:624
Effect of ? 70 of Bankruptcy Act Whether
upon notice to produce in
privilege in bankruptcy proceedings documents is violation of th
37:142
Effect on privilege of an unaccepted pardon Examination
Examination 29:211, 223, 879
28:609, 642 See also Trial.
Examination by psychiatrist 36:337 As to mentality 36:336
Examination of accused before grand jury Civil deposition statutes 45:176-
22:60
Cross-examination for impeachment: p
Extent in contempt proceedings 20:233vious indictment of witness II:
Extent of protection by immunity statute
Cross-examination in consolidated act
26:560 43:670
General denial of guilt: whether witness
Cross-examination to credit: interest
may refuse to give details 8:287 witness in outcome of suit 28:822

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658 WITNESSES
References in heavy-faced type are to LEADING ART
CASES. The figure in front of the colon refers in each ins

Cross-examination: whether limited to Atheistic and communistic beliefs


scope of direct examination 14:624 44:1118-1124
Examination by court and jury: necessityCharacter evidence to sustain witness im-
for objecting to improper question put peached by admission of former con-
by juryman 40:1157 viction on cross-examination 27:69I
Psychological aspects 35:705 Credibility: effect of commission of crime
Refreshing recollection by prior inconsist-involving moral turpitude 43: i8, 12I
ent statements made long subsequent to of witness in former trial
Credibility
the event to which they relate 40:330 46:1156-1157
Relation between hearsay and preserved Disclosure of character of state witness by
memory 40:712-732 prosecuting attorney 46:1156
Right of a defendant to cross-examine
Effect of erroneous admission a of testimo
co-defendant 37:78o later becoming admissible as inconsist
Right to refuse to permit physical ex-
statement 39:908
amination 35:685 Evidence of bad character of defendant
Scope of examination-effect of
in criminal case after making
defendant has testi-
witness one's own 46:1155-1156 fied 22:236
Some observations on the law of evidence Evidence that
- memory, a psychological examination of 35:708
Foundation: questioning as to inconsistent
legal treatment of past recollection re-
corded and present recollection revived statements II:I98; I3:306
4I:860-873 Of party - witness by own cou
Use of memoranda in testifying 35:709Party's own witness: after imma
mony called by adversary 13:60
Compelling testimony -by prior contradictory statements
Compelling the testimony of absent wit- 28:53I; 40:330
nesses 43:121-126 - impeachment when called as witness to
- contempt 43:122 deed or will 11:263; 12:434
- depositions 43:123 -state's impeachment of state's w
-subpoena by court of state where wit- II:263
ness is found 43:I24 Previous hypnotism of witness 18:627
- subpoena by forum based -cross-examination
on domiciliary for impeachment
control over witness 43:I25 II: 98
Congressional attachment of recusant Prior inconsistent
com- statement: after denial
mittee witness 41:917 by witness of remark showing bias
Congressional attachment of witness with- 35:707
out preliminary subpoena 43:137 -confession improperly obtained 35:708
-requirement of preliminary question
Federal statute penalizing absconding wit-
ness 48:493 35:707
Legislative commissions: p
testimony 1: 117 Corroboration of witnesses
Refusal of witness to Degree of corroboration
testify as to required
state-
ments made to him by attorney 34:667, 675
43:134
Refusal of witness to Numerical testify system:
on general
ground discussion
that
a statute is unconstitutional 33:119 I5:83-108
Right to refuse to permit physical exami--early practice in England 15:88-93
nation 17:422 -in Roman and Germanic law I5:84-88
Service of subpoenas -reason for disappearance
on executivein England
of high rank 22:376, 389 I5:93-99
Statute authorizing subpoenaPerjury: one witness insufficient unless cor-
to compel
person in one state to testify roborating in another circumstances i5:106-108
25:I88 Rape: complaint by prosecutrix too young
Subpoena duces tecum to compel partner to testify 15:410
to produce partnership papers from for- - whether particulars
eign jurisdiction 27:770 plaint admissible 11:199
Subpoena duces tecum to employee Testimony to pro-of accomplices and o
duce employer's books 25:395 transported in violation of th
Where the judge is the trier of the facts Slave Traffic Act 34:443
in an action at law 42:260 Treason: history of rule requir
nesses I5:99-106
Impeachment Vendee not accomplice
Admissibility of involuntary liquor sale to
confession 24:61
impeach defendant as witness 28:428
Admissibility of subsequent inconsistent Compensation
statements of absent witness 25:396 Expert's right to add

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WITNESSES - WORKMEN'S COMPENSATION ACTS 659
References in heavy-faced type are to LEADING ARTICLES; in italics to NoTEs; and in plain type to RECENT
CASES. The figure in front of the colon refers in each instance to the volume.

promptu answer involving expert knowl- Attitude of Supreme Court 42:889-8


edge -22:235 Classification of statutes enacted in the
What is attendance upon court 25:197 United States 27:345-347; 38:973
Conclusiveness of findings of fact by work-
Appointment of witnesses men's compensation commission under
Constitutionality of statute allowing court
due process 35:761
to appoint experts 24:483, 499 Consent to optional act as b
Expert witnesses 36:336 on its constitutionality 42:435
Psychopathic clinic as adjunct of court
Constitutional basis of compensation and
36:336 pension laws compared 49:25-34
Sequestration Constitutionality of particular decisions un-
Disqualification for disobeying order of
der Workmen's Compensation Acts
sequestration I4:492-495; 28:438 37:624
Mode of procedure as to sequestration Contract as basis of extraterritorial effect
I4:487-489 is fictitious 37:375, 396
Order of sequestration: whether witnessDrafting of acts: recommendation
reading newspaper disqualified 3: .8I 25:344-348
Origin of practice of sequestration Effect of federal admiralty jurisdiction on
14:475-478 state workmen's compensation acts
Persons to be included in order of se- 35:743
questration I4:489-491 Effect of full faith and credit clause
46:29I-298
Probative purpose of sequestration of wit-
Effect of workmen's compensation act on
nesses 14:479-484
Rehabilitation and corroboration validity of release given foreign state
44:987
46:r157-r1159 " Elective " statutes: criticism of
Religious belief as affecting credibility
27:248-249
I7:286
Res gesta: impeachment of spontaneous Extraterritorial application 27:271, 284;
declaration by inconsistent statements 33:22; 40:I3o; 50:1142, 1171-1175
-action where contract formed
42:956
Use of intelligence tests to determine credi- 5o:1142, rr1171-72
-action where injury received
bility 35:706
Whether ground for admitting50o:1172-1173 declaratio
-action
of deceased attesting in third state
witness 50:1173
that testat
was of unsound mind 23:409 -effect of previous award 50:1174-1175
For what purposes contribution to fund
Whether sequestration demandable as of
right 14:484-487 may be compelled-payment to em-
ployee of insolvent, non-contributory
WOMEN employer 41:264
Inadequacy of Federal Em
See Attorneys, Constitutional Law, Hus-
band and Wife, Jury, Public Officers. ity Act 49:456
Is recovery on the basis
WORKMEN'S COMPENSATION ACTS tort 35:744; 39:542
Theory and constitutionality Nature of liability 37:375 396
Construction Need of federal act for railroad employees
"Arising out of" the employment 46:249-253
"Course of employment" Power of state under full faith and credit
"Personal injury," "accident" clause to apply local act 49:146
Disobedience, misconduct, illegality of Reasons for such legislation 25:329-331;
employment 27 :241-242
Compensation Recovery under state act for maritime in-
Recovery against third party juries under non-maritime employment
Public employees contract 49:826
Awards Recovery under statute
See also Admiralty, Conflict of Laws, Con- while employed unde
stitutional Law, Employers' Liability elsewhere 28:524
Acts, Judgments, Master and Servant,Recovery under workmen'
Municipal Corporations, Public Officers, acts for injury abroad 31:619-636
Res Judicata. -optional statutes 31:620-628
Right to remove case under state work
Theory and constitutionality men's compensation act to federal cou
In general 25:129-140; 27:236, 359-361 44:I28
Admissibility of hearsay before administra-
Scope of judicial review under Longshore-
tive tribunal 29:208, 226 men's Act 46:478-49I
Attitude of courts 29:199 -under state compensation acts

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660 WORKMEN S COMPENSATION ACTS

References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and


CASES. The figure in front of the colon refers in each instance to the volume.

State as trustee of industrial insurance fund employee engaged in shipbuilding


collected from employers 47:888 46:7II
Statute providing compensation for facial Retroactive effect of an amendment
disfigurement 33:473 33:317
Suggested analogy of certain statutes to Scope of judicial review under Longshore-
tort rule of absolute liability in case of men's and Harbor Workers' Compensa-
extra-hazardous activities 27:344-363 tion Act 43:131
Suggested analogy to doctrine of maritime Statutory assignmen
law as regards seamen 27:257-259 surer after award: effect of death of em-
Suggested methods of removing inconsist- ployee before suit 41:666
ency with tort law 27:363-368 Stockholder and officer of corpor
Whether an extension of respondeat su- cluded as employee 36:626
perior 27:254-256 What constitutes failure to comply
Whether consistent with law of torts " lawful requirement" 36:351
27:235-259, 344-368
Workmen's compensation on interstate rail- "Arising out of" the employment
ways 47:389-424 "Arising out of and in the course of em
-failure of Federal Employer's ployment ": definedLiability and illustrated
Act 47:389-410 25:401-427; 27:390, 766
-proposed federal- workmen's whether desirable to copy compenthe words
tion law 47:422-424 whole or in part, verbatim or with modi
--subjecting interstate injuries fications, intoto American
state Acts
compensation acts 47:411-422 25:537-547
Assault by fellow employee 38:533
Construction Common risks 32:86
Accrual of action under limitations clause Construction of, under
43:I44 and 1906 25:519-537
Death resulting from horsepl
Awards as preferred claims in receivership
of employer 47:718 by decedent 46:166
Change of condition necessary Injuryfor due in part to pe
exercise
of continuing jurisdiction istic orby
disease of workman' 29:752
commis-
sion 45:1124 Injury in different sort of work or work
Clause excluding done inother remedi
unpermitted place: right to com-
Common law alternative clause: effect of pensation dependent on motive
abrogation of assumption of risk 29:336 25:421-427
Construction in accordance with rules of Recovery by employee commandeered for
conflict of laws 49:320-322 public service 42:713
Denial of common-law remedy although Risk of injury by tortious ac
no action under compensation law persons, strangers to the b
47:1074 risk incidental to the emplo
Infant bound by his election to come under 25:527-530
the Act 36:892 Unreasonable methods of emp
Injury " caused under scope of employment 37:78i
circumstances cr
ing a legal liability When injury
" in is due
a tothird
a cause not con-
party
35:475 nected with employer's business but
Insurer's right to reimbursement for lia- into contact with which he is brought
bility imposed for failure to give notice in the course of his employment
of termination of insurance 50:706 25:530-537
"Is caused " construction of, in the British Whether risk of injury by fellow servant
Workingmen's Act of I897 and I906 who has temporarily left his employment
25:517-519 is within the scope of the words
Judgment on award as provable claim in 25:526-530
bankruptcy 47:521 "Course of employment"
Liability of special employer 46:1039 "Arising out of and in the course of the
Limitation of action for disability arising employment ": defined and illustrated
after original claim 50:538 25:401-427; 27:390, 766
Minor's right of action under a Determining workmen'sfactor: place of injury
compensation statute as a bar to parent's 25:401-406
action for loss of services 38:268 Emergency: what acts are in course of em-
Partner's right to collect compensation ployment
as 25:416-418
dependent of partnership's deceased Falling
em- asleep as breaking cou
ployee 49:155 ployment 34:333
Rebuttal of statutory presumption of Injury in other than appointed work:
suicide 49:656 whether in course of employment
Recovery under Longshoremen's Act by 25:413-416

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WORKMEN'S COMPENSATION ACTS -ZONING LAWS 66I
References in heavy-faced type are to LEADING ARTICLES; in italics to NOTES; and in plain type to REC
CASES. The figure in front of the colon refers in each instance to the volume.

Recovery of employee commandeered forProvision for death benefits: a


public service 42:7I3 does right of action accrue 29:463
Sailor on shore-leave: whether in course Relief fund benefits: whether acceptance
of employment 25:407-409 of, is bar to recovery under Federal Em-
ployers' Liability Act 26:273
"Personal injury," " accident" Right of employer to reduce compensa
Compensation for disfigurementby amount received by employee fr
37:922
Definition of accident: injury on definite injuring party 35:475
occasion 25:338-343
Occupational disease: whether an "acci- Recovery against third party
dent" 28: 11 Employee's right against injur
Recovery for facial disfigur after receipt of compensatio
Employer's right to reimbursem
Recovery for injury resultin
injured party has released tor
occupational diseases 32:177
42:447
Whether disease is an injury
Employer's right to reimbursement from
25:337-338, 344-346
tortfeasor for compensation paid injured
Whether occupational disease is a personal
injury 27:766 employee 28:307, 333; 38:972
-if employer negligent 34:562
General release of employer upon payment
Disobedience, misconduct, illegality
of compensation: right o
to subsequent re-
ployment covery against third party 28:713
City firemen as public officers not included Impleading negligent employer as joint tort-
34:I9
feasor 46:167
Conscious violation of a statute as " wilful
Recovery for injur
misconduct" 29:883 right to subsequent
Disobedience as bar to recovery
ployer 33:318
26:377
Effect of illegality of contract
Right of employ-
of compensat
ment 28:523 ceeds of dependent
Illegal employment: recovery
eign tortfeasor 43:97I in
34:562 Statute providing either compen
Injuries due to deliberate misconduct: ar-
damages: when recovery again
gument for compensation 25:333-336 ployer is not a bar to recovery
Minor employed in violation of statute negligent third party 32:86
31:803 Subrogation of employer to employee
Recovery from charitable institution
right against third party 38:973-97
32:85 Subrogation of insurer to employer's stat
Violation of statute as bar to recovery tory right against tortfeasor injurin
33:3I8 workman 35:343; 38:975
Compensation Tort liability of third person in po
Amount of compensation awarded where of insurer of compensation 40
the workman had been formerly injured
Public employees
29:104
Recipients of public aid as employe
Amount of compensation: tips received in
course of employment 34:438 Awards ~~~~Awards ^47:362
Character of payments: duty of receiver to
Effect of workmen's compensation agree-
pay past claims 29:I04 ment approved by commissioner in ab-
Effect of natural death of employee upon
sence of express finding of jurisdictional
payment of installments not yet due
fact 48:689
30:523
Employee's right to compensation after re-
ZONING LAWS
covery of damages from injuring party City planning: building lines and reserv
38:972 tions for future streets 49:352-35
Loss of first eye as cause of ultimate totalConstitutionality of general zoning or
blindness where second eye was lost sub- nance 37:834; 40:644
sequently in an accident unrelated to the Effect of change in zoning ord
employment 40:791 permit already granted 41:667
Enforcement
Measure of compensation after general fall in equity 5o:218
in wages 29:787 Unknown zoning restriction as defense to
Method of computing minimum wages
vendor's suit for in
specific performance
Australia 32:191-204 46:862

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