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
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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.
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ACCOUNT -ADMINISTRATIVE LAW 175
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CASES. The figure in front of the colon refers in each instance to the volume.
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176 ADMINISTRATIVE LAW
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ADMINISTRATIVE LAW I77
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CASES. The figure in front of the colon refers in each instance to the volume.
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I78 ADMINISTRATIVE LAW - ADMIRALTY
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ADMIRALTY I79
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CASES. The figure in front of the colon refers in each instance to the volume.
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I80 ADMIRALTY
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CASES. The figure in front of the colon refer
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ADMIRALTY - ADMISSIONS 8 I
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CASES. The figure in front of the colon refers in each instance to the volume.
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182 ADMISSIONS - ADVERSE POSSESSION
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CASES. The figure in front of the colon refers in each instance to the volume.
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ADVERSE POSSESSION -AGENCY 183
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CASES. The figure in front of the colon refers in each instance to the volume.
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184 AGENCY
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CASES. The figure in front of the colon refe
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AGENCY 185
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CASES. The figure in front of the colon refers in
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i86 AGENCY
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CASES. The figure in front of the colon refers in each instance to the volume.
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AGENCY I87
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CASES. The figure in front of the colon refers
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I88 AGENCY
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CASES. The figure in front of the colon
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AGENCY -- ALIENATION I89
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CASES. The figure in front of the colon refers in each instance to the volume.
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I90 ALIENS
References in heavy-faced
CASES. The figure in front
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ALIENS - ANNUITIES 191
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192 ANNULMENT -APPEAL AND ERROR
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CASES. The figure in front of the colon refers in each instance to the volu
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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.
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I94 ARBITRATION AND AWARD -ASSAULT AND BATTERY
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CASES. The figure in front of the colon refers in each instance to the volume.
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ASSAULT AND BATTERY -ASSOCIATIONS 195
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CASES. The figure in front of the colon refers in each instance to the volume.
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I96 ASSOCIATIONS -ASSUMPTION OF RISK
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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CASES. The figure in front of the colon refers in each ins
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ATTORNEYS - AUTOMOBILES I99
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CASES. The figure in front of the colon refers in each instance to the volume.
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200 AUTOMOBILES - BAILMENTS
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BAILMENTS - BANKRUPTCY 201
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202 BANKRUPTCY
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BANKRUPTCY 203
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CASES. The figure in front of the colon refers in each instance to the volume.
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204 BANKRUPTCY
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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CASES. The figure in front of the colon refers in
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BANKRUPTCY 209
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CASES. The figure in front of the colon refers in eac
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210 BANKRUPTCY
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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.
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212 BANKRUPTCY - BANKS AND BANKING
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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
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BANKS AND BANKING---BILLS AND NOTES 215
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CASES. The figure in front of the colon refers in each instance to the volume.
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216 BILLS AND NOTES
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BILLS AND NOTES 217
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CASES. The figure in front of the colon refers in each instanc
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218 BILLS AND NOTES
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CASES. The figure in front of the colon refers in eac
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BILLS AND NOTES 2I9
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CASES. The figure in front of the colon refers in each i
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220 BILLS AND NOTES
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BILLS AND NOTES 22 I
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
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
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224 BILLS AND NOTES--BILLS OF PEACE
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CASES. The figure in front of the colon refers in each instance to the volume.
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BILLS OF PEACE -BONDS 225
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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228 BROKERS --BURDEN OF PROOF
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
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CASES. The figure in front of the colon refers in each instance to the volume.
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230 CANON LAW -CARRIERS
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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
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CARRIERS 233
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234 CARRIERS
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CASES. The figure in front of the colon refers in each instance to the volume.
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CARRIERS 235
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CASES. The figure in front of the colon refers
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236 CARRIERS
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CARRIERS - CHARITIES 237
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238 CHARITIES
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CHARITIES - CHATTEL MORTGAGES 239
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CASES. The figure in front of the colon refers in each instance to the volume.
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240 CHATTEL MORTGAGES - CHOSES IN ACTION
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
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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
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
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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.
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
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
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
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
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246 CONFLICT OF LAWS
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CONFLICT OF LAWS 247
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CASES. The figure in front of the colon refers in each instance
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248 CONFLICT OF LAWS
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CONFLICT OF LAWS 249
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250 CONFLICT OF LAWS
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CASES. The figure in front of the colon refers in each instance to the volume.
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CONFLICT OF LAWS 251
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CASES. The figure in front of the colon refers in each instance to the volume.
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252 CONFLICT OF LAWS
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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
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254 CONFLICT OF LAWS
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CONFLICT OF LAWS 255
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CASES. The figure in front of the colon refers in each instance to the volume.
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256 CONFLICT OF LAWS
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CASES. The figure in front of the colon refers in each instance to the volume.
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CONFLICT OF LAWS 257
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CASES. The figure in front of the colon refers in each instance to the volume.
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258 CONFLICT OF LAWS
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CASES. The figure in front of the colon refers in each instance to the volume
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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
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CONSTITUTIONAL LAW 2 6
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262 CONSTITUTIONAL LAW
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CONSTITUTIONAL LAW 263
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264 CONSTITUTIONAL LAW
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CONSTITUTIONAL LAW 265
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CASES. The figure in front of the colon refers in each instance to the volume.
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266 CONSTITUTIONAL LAW
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CASES. The figure in front of the colon refers in each instance to the
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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.
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268 CONSTITUTIONAL LAW
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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.
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270 CONSTITUTIONAL LAW
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CONSTITUTIONAL LAW 27I
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CASES. The figure in front of the colon refers in each instance to the volume.
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272 CONSTITUTIONAL LAW
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CONSTITIJ TIONAL LAW 273
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CASES. The figure in front of the colon refers in each instance to the volu
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274 CONSTITUTIONAL LAW
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CONSTITUTIONAL LAW 275
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CASES. The figure in front of the colon refers in each instance to the v
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276 CONSTITUTIONAL LAW
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CASES. The figure in front of the colon refers in each instance to the vo
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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282 CONSTRUCTIVE TRUSTS
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CONSTRUCTIVE TRUSTS 283
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CASES. The figure in front of the colon refers in each instance to the volume.
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284 CONSTRUCTIVE TRUSTS -CONTEMPT
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CASES. The figure in front of the colon refers in each instance to the volume.
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CONTEMPT 285
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CASES. The figure in front of the colon refers in each i
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286 CONTEMPT - CONTRACTS
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CONTRACTS 287
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CASES. The figure in front of the colon refers in each inst
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288 CONTRACTS
References in heavy-faced type are to LEADIN
CASES. The figure in front of the colon refers in
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CONTRACTS 289
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CASES. The figure in front of the colon refers in each instance to the volume.
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290 CONTRACTS
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CASES. The figure in front of the colon re
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CONTRACTS 29I
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CASES. The figure in front of the colon refers
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292 CONTRACTS
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CASES. The figure in front of the colon refers
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CONTRACTS 293
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CASES. The figure in front of the colon refers
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294 CONTRACTS
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CASES. The figure in front of the colon refer
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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CONTRIBUTORY NEGLIGENCE - COPYRIGHTS 297
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CASES. The figure in front of the colon refers in each instance to the volume.
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298 COPYRIGHTS - CORPORATIONS
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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300 CORPORATIONS
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CASES. The figure in front of the colon refers in each in
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CORPORATIONS 301
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CASES. The figure in front of the colon refers in each inst
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302 CORPORATIONS
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CASES. The figure in front of the colon refers in each
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CORPORATIONS 303
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CASES. The figure in front of the colon refers in each instance to the volume.
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304 CORPORATIONS
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CASES. The figure in front of the colon refers in each instance to the volume.
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CORPORATIONS 305
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CASES. The figure in front of the colon refers in each in
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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CORPORATIONS 309
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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312 CORPORATIONS
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CORPORATIONS 313
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3I4 CORPORATIONS
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CASES. The figure in front of the colon refers in each instance to the volume.
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CORPORATIONS - COSTS 315
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316 COSTS - COURTS
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COURTS 317
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CASES. The figure in front of the colon
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318 COURTS--COVENANTS RUNNING WITH THE LAND
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COVENANTS RUNNING WITH THE LAND--CRIMINAL LAW 319
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320 CRIMINAL LAW
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CRIMINAL LAW 321
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322 CRIMINAL LAW
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CRIMINAL LAW 323
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324 CRTMTNAL LAW
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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
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CUSTOMS DUTIES -DAMAGES 327
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328 DAMAGES
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DAMAGES 329
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CASES. The figure in front of the colon
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330 DAMAGES
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DAMAGES 331
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332 DAMAGES -DANGEROUS PREMISES
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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334 DEATH BY WRONGFUL ACT-DECEIT
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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DEEDS 337
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CASES. The figure in front of the
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338 DEEDS- DESCENT AND DISTRIBUTION
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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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
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DIVORCE - DOWER 343
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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
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346 DUE PROCESS OF LAW
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DUE PROCESS OF LAW 347
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348 DUE PROCESS OF LAW
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DUE PROCESS OF LAW 349
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350 DUE PROCESS OF LAW
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DUE PROCESS OF LAW 351
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352 DUE PROCESS OF LAW
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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
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DYING DECLARATIONS - EASEMENTS 355
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CASES. The figure in front of the colon refers in each instance to the volume.
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356 EASEMENTS - EJECTMENT
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CASES. The figure in front of the colon refers in each instance to the volume.
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EJECTMENT - ELECTIONS 357
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3 58 ELECTIONS - ELECTRICITY
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CASES. The figure in front of the colon refers in each instance to the volume.
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ELECTRICITY --EMINENT DOMAIN 359
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CASES. The figure in front of the colon refers in each instance to the volume.
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360 EMINENT DOMAIN
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CASES. The figure in front of the colon refers in each instance to the volum
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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EQUITABLE CONVERSION -EQUITABLE SERVITUDES 363
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CASES. The figure in front of the colon refers in each instance to the volume.
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364 EQUITABLE SERVITUDES - EQUITY
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CASES. The figure in front of the colon refers in each instance to the volume.
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EQUITY 365
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CASES. The figure in front of the colon refers in each instance to the volume.
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366 EQUITY
References in heavy-faced type are to LE
CASES. The figure in front of the colon refe
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EQUITY 367
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refe
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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
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CASES. The figure in front of the colon ref
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370 EQUITY
References in heavy-faced type ar
CASES. The figure in front of the co
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EQUITY- ESTATES 37I
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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ESTATES - ESTOPPEL 373
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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
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376 EVIDENCE
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CASES. The figure in front of the colon refers in eac
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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
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EVIDENCE 379
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CASES. The figure in front of the colon ref
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380 EVIDENCE
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CASES. The figure in front of the colon refers i
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EVIDENCE 381
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CASES. The figure in front of the colon refe
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382 EVIDENCE
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CASES. The figure in front of the colon refers i
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EVIDENCE - EXECUTION 383
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CASES. The figure in front of the colon refers in each instance to the volume.
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384 EXECUTION -EXECUTORS AND ADMINISTRATORS
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EXECUTORS AND ADMINISTRATORS 385
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CASES. The figure in front of the colon refers in each instance to the volume.
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386 EXECUTORS AND ADMINISTRATORS
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EXECUTORS AND ADMINISTRATORS --EXTENSION OF TIME 387
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388 EXTENSION OF TIME -FALSE IMPRISONMENT
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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390 FEDERAL COURTS
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CASES. The figure in front of the colon refers in each instan
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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FEDERAL COURTS 393
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394 FEDERAL COURTS
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FEDERAL COURTS 395
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CASES. The figure in front of the colon refers in each instance to the volume.
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396 FEDERAL COURTS
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FEDERAL COURTS 397
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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400 FEDERAL TRADE COMMISSION -FIXTURES
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
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402 FOREIGN CORPORATIONS
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FOREIGN CORPORATIONS - FRANCHISES 403
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404 FRANCHISES - FRAUDULENT CONVEYANCES
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FRAUDULENT CONVEYANCES 405
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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408 FUTURE INTERESTS -GARNISHMENT
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CASES. The figure in front of the colon refers in each instance to the volume.
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GARNISHMENT -GERMAN LAW 409
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CASES. The figure in front of the colon refers in each instance to the volume.
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40O GERMAN LAW -GIFTS
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CASES. The figure in front of the colon refers in each instance to t
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GIFTS -GUARDIAN AND WARD 411
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CASES. The figure in front of the colon refers in each instance to the volume.
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412 GUARDIAN AND WARD -HEIRS
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CASES. The figure in front of the colon refers in each instance to the volume.
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HIGHWAYS -HISTORY OF LAW 4I3
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CASES. The figure in front of the colon refers in each instance to the volume
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414 HISTORY OF LAW
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CASES. The figure in front of the colon refers in each
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HISTORY OF LAW 4I5
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CASES. The figure in front of the colon refers in each ins
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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
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CASES. The figure in front of the colon refers in each inst
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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
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422 HUSBAND AND WIFE
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CASES. The figure in front of the colon refers in each instanc
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HUSBAND AND WIFE 423
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CASES. The figure in front of the colon refers in each instance
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424 HUSBAND AND WIFE -ILLEGAL CONTRACTS
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ILLEGAL CONTRACTS 425
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CASES. The figure in front of the colon refers in each instance to the
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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430 INCOME TAXES
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INCOME TAXES 431
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CASES. The figure in front of the colon refers in each instance to the volume.
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432 INCOME TAXES -INDUCING BREACH OF CONTRACT
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INDUCING BREACH OF CONTRACT -INFANTS 433
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434 INFANTS -INHERITANCE TAXES
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INHERITANCE TAXES 435
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436 INHERITANCE TAXES
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INHERITANCE TAXES - INJUNCTIONS 437
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438 INJUNCTIONS
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CASES. The figure in front of the colon refers in each instance to the volume.
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INJUNCTIONS 439
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440 INJUNCTIONS
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INJUNCTIONS 44I
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442 INJUNCTIONS - INSANE PERSONS
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CASES. The figure in front of the colon refers in each instance to the volume.
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INSANE PERSONS -INSURANCE 443
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444 INSURANCE
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CASES. The figure in front of the colon refe
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INSURANCE 445
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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
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448 INSURANCE
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INSURANCE 449
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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.
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
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452 INTERNATIONAL LAW
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INTERNATIONAL LAW 453
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454 INTERNATIONAL LAW -INTERSTATE COMMERCE
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INTERSTATE COMMERCE 455
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456 INTERSTATE COMMERCE
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
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458 INTERSTATE COMMERCE
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INTERSTATE COMMERCE 459
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460 INTERSTATE COMMERCE
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
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462 INTERSTATE COMMERCE COMMISSION
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.
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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.
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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
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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.
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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
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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
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474 JURISPRUDENCE
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CASES. The figure in front of the colon refers in each insta
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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
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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480 LANDLORD AND TENANT
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CASES. The figure in front of the colon refers in each instance to the volume.
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LANDLORD AND TENANT 481
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482 LANDLORD AND TENANT
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LANDLORD AND TENANT--LAW 483
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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486 LEGACIES AND DEVISES
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CASES. The figure in front of the colon refers in each instance to the volume.
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LEGACIES AND DEVISES 487
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CASES. The figure in front of the colon refers in each instance to the volume.
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488 LEGACIES AND DEVISES -LEGAL BIOGRAPHY
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LEGAL BIOGRAPHY - LEGISLATION 489
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CASES. The figure in front of the colon refers in each instance to the volume.
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490 LEGISLATION
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CASES. The figure in front of the colon refers in e
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LEGISLATION 49I
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CASES. The figure in front of the colon refers in e
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492 LEGISLATION -LETTERS OF CREDIT
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CASES. The figure in front of the colon refers in each instance to the volume.
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LETTERS OF CREDIT -LIBEL AND SLANDER 493
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CASES. The figure in front of the colon refers in each instance to the volume.
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494 LIBEL AND SLANDER
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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
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LIENS -LIMITATION OF ACTIONS 497
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CASES. The figure in front of the colon refers in each instance to the volume.
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
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LIMITATION OF ACTIONS 499
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500 LIMITATION OF ACTIONS -LITERARY PROPERTY
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LITERARY PROPERTY - MALPRACTICE 501
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502 MANDAMUS
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MANDAMUS - MARITIME LIENS 503
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504 MARITIME LIENS- MARRIAGE
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MARRIAGE- MASTER AND SERVANT 505
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506 MASTER AND SERVANT -MAXIMS
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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
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508 MINES AND MINERALS -MORTGAGES
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MORTGAGES 509
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5IO MORTGAGES
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MORTGAGES 5II
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512 MORTGAGES
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CASES. The figure in front of the colon refers in each instance to the volume.
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MORTGAGES - MUNICIPAL CORPORATIONS 513
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514 MUNICIPAL CORPORATIONS
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MUNICIPAL CORPORATIONS 515
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5I6 MUNICIPAL CORPORATIONS
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MUNICIPAL CORPORATIONS 517
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5I8 MUNICIPAL CORPORATIONS
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
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CASES. The figure in front of the colon refers in each instance to the volume.
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
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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NEGLIGENT MISREPRESENTATION -NEW TRIAL 523
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524 NEW TRIAL -NUISANCE
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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
Noisy printing machinery in district de- jury to other than dominant tenement
tnemenet tnanimod naht rehto ot yruj
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
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
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
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
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
264:nuisance
Injunction to restrain continuing 53 35:462
14:458 Nuisance created by plaintiff as d
ni esnefed sa ffitnialp yb detaerc ecnasiuN
equitable
1:125-126; 4:293; Io:371; relief 34:398-400
I3:142; 004-893:43 feiler elbatiuqe
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526 OFFER AND ACCEPTANCE -PARENT AND CHILD
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PARENT AND CHILD 527
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528 PARENT AND CHILD-PAROL EVIDENCE RULE
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PAROL EVIDENCE RULE -PARTIES 529
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530 PARTIES - PARTNERSHIP
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PARTNERSHIP 53I
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NOTES; typ
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532 PARTNERSHIP
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PARTNERSHIP -PARTY WALLS 533
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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
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PATENTS -PAYMENT 535
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CASES. The figure in front of the colon refers in each instance to
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536 PAYMENT -PHYSICIANS AND SURGEONS
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
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PLEDGES - POST-OFFICE 539
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CASES. The figure in front of the colon refers in each instance to the v
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540 POST-OFFICE - POWERS
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CASES. The figure in front of the colon refers in each instance to the volume.
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POWERS PRACTICE OF LAW 541
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542 PRACTICE OF LAW PRESUMPTIONS
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CASES. The figure in front of the colon refers in each instance to the volume.
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PRESUMPTIONS 543
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CASES. The figure in front of the colon refers in each instance to the volume.
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544 PRESUMPTIONS -PRIVACY, RIGHT OF
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PRIVACY, RIGHT OF -PRIVILEGED COMMUNICATIONS 545
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CASES. The figure in front of the colon refers in each instance to the volume.
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546 PRIVILEGED COMMUNICATIONS - PROCEDURE
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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
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550 PROXIMATE CAUSE
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PROXIMATE CAUSE 551
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552 PROXIMATE CAUSE - PUBLIC OFFICERS
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PUBLIC OFFICERS--PUBLIC UTILITIES 553
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554 PUBLIC UTILITIES
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PUBLIC UTILITIES 555
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556 PUBLIC UTILITIES
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PUBLIC UTILITIES -QUASI CONTRACTS 557
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558 QUASI CONTRACTS
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QUASI CONTRACTS 559
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560 QUASI CONTRACTS
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QUASI CONTRACTS -RAILROADS 561
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562 RAILROADS - RAPE
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RATES - RECEIVERS 563
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564 RECEIVERS
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CASES. The figure in front of the colon refers in each i
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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RECORDING AND REGISTRY LAWS 567
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CASES. The figure in front of the colon refers in each instance to the volume.
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568 RECORDING AND REGISTRY LAWS --REPLEVIN
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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
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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
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572 RES JUDICATA -RESTRAINT OF TRADE
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RESTRAINT OF TRADE 573
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CASES. The figure in front of the colon refers in each instance to the volume.
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574 RESTRAINT OF TRADE
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RESTRAINT OF TRADE 575
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576 RESTRAINT OF TRADE
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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
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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
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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
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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
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586 SALES--SCHOOLS AND SCHOOL DISTRICTS
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CASES. The figure in front of the colon refers in each instance to the volume.
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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.
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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.
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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.
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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
of arbitration agreements
Unrecognized foreign government as party 46:1258-1280
0821-8521:64 stnemeerga noitartibra fo
Insolvency I8:454;
When engaged in commercial 31:275-278, 702-720;
enterprises ;027-207 ,872-572:I3 ;454:8i ycnevlosnI
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
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
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
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592 SPECIFIC PERFORMANCE
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CASES. The figure in front of the colon refers in each instance to the volu
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SPECIFIC PERFORMANCE 593
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CASES. The figure in front of the colon refers in each instance to the volu
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594 SPECIFIC PERFORMANCE -STATES
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CASES. The figure in front of the colon refers in each instance to the volume.
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STATES 595
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CASES. The figure in front of the colon refers in each instance to the volume.
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596 STATES -STATUTE OF FRAUDS
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CASES. The figure in front of the colon refers in each instance to the volume.
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STATUTE OF FRAUDS 597
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598 STATUTE OF ;FRAUDS
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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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.
- acquiesced in by a privatelegislature
spur track from the street b
teerts eht morf kcart rups etavirp a
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
- 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
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
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
Franchises
-htI'W nur srac-elbac :ytilibail trot etulosbA
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602 STREET RAILWAYS -STUDY OF LAW
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CASES. The figure in front of the colon refers in each instance to the volume.
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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.
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604 SUBROGATION - SURETYSHIP
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
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CASES. The figure in front of the colon refers in each instance to the volume.
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606 SURETYSHIP
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SURETYSHIP 607
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CASES. The figure in front of the colon refers in each
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608 SURETYSHIP - TAXATION
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CASES. The figure in front of the colon refers in each instance to th
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TAXATION 609
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CASES. The figure in front of the colon refers in each
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61o TAXATION
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CASES. The figure in front of the colon refer
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TAXATION 611
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CASES. The figure in front of the colon refers in
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612 TAXATION
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CASES. The figure in front of the colon ref
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TAXATION 6I3
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CASES. The figure in front of the colon refers in
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614 TAXATION
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CASES. The figure in front of the colon refers in each instance to the volume.
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TAXATION 615
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CASES. The figure in front of the colon refers in each
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616 TAXATION --TEL. AND TEL. COS.
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CASES. The figure in front of the colon refers in each instance to the volume.
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TEL. AND TEL. COS.- TENNESSEE VALLEY AUTHORITY 6 7
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CASES. The figure in front of the colon refers in each instance to the volume.
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618 TENNESSEE VALLEY AUTHORITY -TORTS
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CASES. The figure in front of the colon refers in each instance to the volume.
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TORTS 619
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CASES. The figure in front of the colon re
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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
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CASES. The figure in front of the
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622 TORTS
References in heavy-faced type
CASES. The figure in front of the
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TORTS--TRADE MARKS AND TRADE NAMES 623
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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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
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CASES. The figure in front of the colo
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TRUSTS 631
References in heavy-faced type are to LEA
CASES. The figure in front of the colon refer
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632 TRUSTS
References in heavy-faced type are to LEAD
CASES. The figure in front of the colon refers
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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.
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634 TRUSTS
References in heavy-faced type are to LEAD
CASES. The figure in front of the colon refers
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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
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CASES. The figure in front of the colon refers
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TRUSTS 637
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CASES. The figure in front of the colon refer
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638 TRUSTS - UNFAIR COMPETITION
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CASES. The figure in front of the colon refers in each instance to the volume.
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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.
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640 UNFAIR COMPETITION
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CASES. The figure in front of the colon refers in each instance to the volume.
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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.
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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
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CASES. The figure in front of the colon refers in each instance to the volume.
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644 VENDOR AND PURCHASER -WAGERING CONTRACTS
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CASES. The figure in front of the colon refers in each instance to the volume.
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WAGERING CONTRACTS -WAR 645
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CASES. The figure in front of the colon refers in each instance to the volume.
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646 WAR - WAREHOUSEMEN
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CASES. The figure in front of the colon refers in each instance to the volume.
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WAREHOUSEMEN - WATERS 647
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648 WATERS
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CASES. The figure in front of the colon refers i
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WATERS 649
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CASES. The figure in front of the colon refers in each instance to the volume.
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650 WATERS
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CASES. The figure in front of the colon refers in
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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
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CASES. The figure in front of the colon r
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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
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WILLS 655
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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
after execution of the will 40:76-79 History of Law, New Trial, Privileged
degelivirP ,lairT weN ,waL fo yrotsiH
-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-
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-
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WITNESSES 657
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CASES. The figure in front of the colon refers in each instance to the volume.
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658 WITNESSES
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CASES. The figure in front of the colon refers in each ins
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WITNESSES - WORKMEN'S COMPENSATION ACTS 659
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CASES. The figure in front of the colon refers in each instance to the volume.
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660 WORKMEN S COMPENSATION ACTS
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WORKMEN'S COMPENSATION ACTS -ZONING LAWS 66I
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