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at work in a mine with mine owner's consent, but not as employee, having knowledge of the dangerous condition of the mine. held to have assumed the risk. -Sloss Iron & Steel Co. v. Knowles, 30 South. Rep. 584. 148. MASTER AND SERVANT Duty to Provide Safe Place.-Duty of manufacturer to provide safe place for employee to work in held to extend to passageway in mill used by other employees with employer's consent.-Edwards v. Tilton Mills, N. H., 50 Atl. Rep. 102. 149. MASTER AND SERVANT-Evidence as to Efficacy of Tools.-Opinion of witness in action for death of railroad employee, assisting to restore derailed car, as to efficacy of jackscrews for such purpose, held admissible.-Louisville & N. R. Co. v. Jones, Ala., 30 South. Rep. 586.

150. MASTER AND SERVANT-Knowledge of Servants.A railroad is chargeable with the knowledge of its servants in charge of a passenger train as to injuries happening to a passenger during the operation of the train.-Wheeler v. Grand Trunk Ry. Co., N. H., 50 Atl. Rep. 103.

151. MECHANICS' LIENS-Action on Bond.-Under Hill's Ann. Laws, §§ 27, 29, plaintiff held entitled to bring in his own name action on a bond to recover pay for materials furnished to party with whom he had contracted for certain work.-United States v. McCann, Oreg., 66 Pac. Rep. 274.

152. MECHANICS' LIENS-Indian Territory Law.-A material-man has a lien on the building and interest of its owner in the land in the Choctaw Nation on which the building is situated.-Arnold v. Campbell, Ind. T., 64 8. W. Rep. 532.

153. MECHANICS' LIENS-Personal Judgment Against Grantee of Owner.-In an action to foreclose a mechanic's lien, a personal judgment may be rendered against the grantee of the owner of the property, who assumed the debt.-San Francisco Pav. Co. v. Fairfield, Cal., 66 Pac. Rep. 255.

154. MECHANICS' LIENS-Priority of Mortgage for Precedent Debt.-Mortgage given for a precedent debt held entitled to a priority over a subsequent mechan. ic's lien for alterations, within Mechanic's Lien Act 1898, p. 538.-Reed v. Rochford, N. J., 50 Atl. Rep. 70. 155. MECHANICS' LIENS-Work Performed for Executor of Estate.-An agreement of the purchaser of the estate property to pay for work done thereon under a contract with the executor held not to give contractor an equitable mechanic's lien on the prop. erty.-San Francisco Pav. Co. v. Fairfield, Cal., 66 Pac. Rep. 255.

156. MORTGAGES-Agreement to Accept a Surrender. -An agreement of a mortgagee to accept a surrender of the mortgaged premises and to deliver up the note secured by the mortgage held unenforceable, if made without a new consideration.-Borcherdt v. Favor, Colo., 66 Pac. Rep. 251.

157. MORTGAGES-Deed and Title Bond.-A deed and title bond held to constitute a mortgage, and not a conditional sale.-Borcherdt v. Favor, Colo., 66 Pac. Rep. 251.

158. MORTGAGES-For Loan Subsequently Delivered. -A mortgage to secure a sum, a part of which is to be delivered after the mortgage's execution and delivery, held to be a potential lien for the full sum.- Reed v. Rochford, N. J.,50 Atl. Rep. 70.

159. MORTGAGES Renewal Note Continues Mortgagee's Priority.-The renewal of a note secured by a mortgage continues the mortgagee's right to a priority over subsequent creditors.-Newhall v. Hatch, Cal., 66 Pac. Rep. 266.

160. MUNICIPAL CORPORATIONS-Injuries on Sidewalk. -A city is liable for injuries received by a fall on the sidewalk, caused by an accumulation of discarded fruit rinds.-Archer v. Town of Johnson City, Tenn., 64 S. W. Rep. 474.

161. MUNICIPAL CORPORATIONS-Taxation of Country

Residents. Where a farmer removed his family to a neighboring town to have his children educated, he did not abandon his domicile, and his personal property was not subject to municipal taxation. -Montgomery v. City of Lebanon, Ky., 64 S. W. Rep. 509.

182. MUNICIPAL CORPORATIONS-Taxation of Farm Lands. The fact that land embraced within the boundary of a city is used for farming purposes does not exempt it from taxation by the city.-Bell County Coke & Improvement Co. v. City of Pineville, Ky., 64 S. W. Rep. 525.

163. NAVIGABLE WATERS-Legislative Grant to Erect Dam.-Legislative grant of authority to erect dam at outlet of lake held a complete defense to a suit for injunction to restrain a corporation from changing the water level of a lake.-State v. Sunapee Dam Co., N. H., 50 Atl. Rep. 108.

164. NEGLIGENCE-Child Incapable of Contributory Negligence.-Child between 7 and 14 years old held prima facie incapable of contributory negligence.Tutwiler Coal, Coke & Iron Co. v. Enslen, Ala., 30 South. Rep. 600.

165. NEGLIGENCE-Light on Breakwater.-A contract between the United States and contractors for erec. tion of a breakwater, providing for erection of a light on the work by the contractors, held not to relieve the latter from liability to third persons whose property is damaged by extinguishment of light during storm.-Harrison v. Hughes, U. s. D. C., D. (Del.) 110 Fed. Rep. 545.

166. NEGLIGENCE-Rule of Contributory Negligence. -One may recover for injuries, though his own negligence exposed him to the danger, if the injuries were caused by the other's lack of care after becoming aware of the danger.-Tully v. Philadelphia, W. & B. R. Co., Del., 50 Atl. Rep. 95.

167. NEW TRIAL-Newly Discovered Evidence. -A new trial should not be granted for newly discovered evidence, where no diligence is shown.-Clardy v. Wilson, Tex., 64 S. W. Rep. 489.

168. NEW TRIAL - Newly-Discovered Evidence. - A motion for a new trial held properly overruled, where newly discovered evidence was insufficient to create a probability of a different result.-Woolsey v. Jackson, Ind. T., 64 S. W. Rep. 548.

169. NUISANCE-Abatement of Saloon.-The fact that a place where intoxicating liquor is sold is declared a common nuisance by statute does not justify its abate. ment by any person without process of law.-State v. Stark, Kan., 66 Pac Rep.. 243.

170. PARTIES - Order of Intervention.- An order granting intervention will not be vacated after hear. ing, because granted ex parte, where the court would be required to render it.-Percy Summer Club v. Astle, U. S. C. C., D. (N. H.), 110 Fed. Rep. 486.

171. PILOTS-Degree of Skill.-Pilots on the Delaware river are required to exercise the care and skill of river pilots and harbor pilots, and are chargeable with knowledge of natural objects on shore and of the significance of fixed lights.-Harrison v. Hughes, U. S. D. C., D. (Del.), 110 Fed. Rep. 545.

172. PLEADING-Demurrer to the Evidence.-A de murrer to the evidence, interposed by defendant after he has opened his proof, is too late.-Sands v. Southern Ry. Co., Tenn., 64 S. W. Rep. 478.

173. PLEADING-Motion to Correct Complainant Not Separating Causes.-An objection that the causes of action are not separately stated in the complaint should be made by motion, and not by demurrer.-San Francisco Pav. Co. v. Fairfield, Cal., 66 Pac. Rep. 255. 174. PLEADING-Verification.-A pleading which the law requires to be verified is not a complete pleading until that is done, unless the verification has been waived.-Park v. McReynolds, Ky., 64 S. W. Rep. 517. 175. PUBLIC LANDS-Claim Pending before Land Department.-Neither a federal nor state court can prop. erly assume to determine and adjudicate the rights of

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178. PUBLIC LANDS Previously Entered Land.Every entry, survey, or patent is void in so far as it embraces land previously entered, surveyed, or patented.-Uhl v. Reynolds, Ky., 64 S. W. Rep. 498.

179. PUBLIC LANDS- Uncertainty in not Describing Prior Grants.-A patent vests the patentee with title to all vacant and unappropriated land within the exterior boundary, the patent not being vold for uncertainty by reason of the failure to describe prior grants included within the bonndary.-Uhl v. Reynolds, Ky., 64 8. W. Rep. 498.

180. QUO WARRANTO - Director's Title to Office.Stockholders of a corporation held entitled to maintain a writ of quo warranto to determine title to office of directors.- Commonwealth v. Stevenson, Pa., 50 Atl. Rep. 91.

181. RAILROADS-Care Towards Trespassers.-The care required of a railroad towards trespassers or licensees is to refrain from gross negligence or willful carelesness.-Tully v. Philadelphia, W. & B. R. Co., Del., Atl. Rep. 95.

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184. RAILROADS

Rules 88 to Ringing Bells. A jury held entitled to consider a railroad's rules as to ringing a bell on approaching a crossing on the subject of the necessity of such precaution and the negligence of the company.-Hecker v. Oregon R. Co., Oreg., 66 Pac. Rep. 270.

185. RAILROADS-State Reduction of Rates.-Violation of Constitution.-Where the net earnings of a railroad company on local business within a state are insufficient to pay one-half of the interest on its valid bonded debt justly chargeable upon such earnings, a state regulation reducing rates, which would materially reduce such earnings, is unreasonable and a vio lation of the company's constitutional rights.-Chicago, M. & St. P. Ry. Co. v. Smith, U. 8. C. C., D. (Vt.), 110 Fed. Rep. 473.

186. RAILROADS-Statutory Presumption as to Killing Stock.-While there is a statutory presumption that the killing of stock by a train was the result of neg. ligence, the burden is on the owner to show that the killing was by a train.-Southern Ry. Co. v. Forsythe, Ky., 64 S. W. Rep. 506.

Val. Electric R. Co., U. s. C. C., D. (Vt.), 110 Fed. Rep. 473.

189. REPLEVIN- Fraud Under General Denial.-Under the general denial in replevin defendants may show that the chattel mortgage under which plaintiff claims the right to possession was obtained by fraud or deception.-Payne v. McCormick Harvesting Mach. Co., Okl., 66 Pac. Rep. 287.

190. REPLEVIN-General Verification.-Each several cause of action set out in a complaint in replevin is verified by a general verification to the complaint.Harris v. Castleberry, Ind. T., 64 8. W. Rep. 541.

191. SALVAGE-Degree of Skill Required.-While or. dinary skill is required from a salvor, yet in case of necessity one without nautical skill may undertake a rescue in good faith, using such ability as he possesses.-The Henry Steers, Jr., U. S. D. C., E. D. (N. Y.), 110 Fed. Rep. 578.

192. SCHOOLS AND SCHOOL DISTRICTS Judgment Confessed by Director.-Judgment against school district, confessed by director, held void for want of authority.-Moore v. School Dist. No. 71, Okl., 66 Pac. Rep. 279.

193. SCHOOLS AND SCHOOL LANDS- School Lands a Trust.-Under Const. art. 7, § 6, and Rev. St. 1895, §§ 3902, 3905, 4271, counties held to hold school lands and proceeds thereof in trust, and liable for any diversion thereof.-Board of School Trustees of Laredo v. Webb County, Tex., 64 S. W. Rep. 486.

194. SHIPPING-Liability for Injury where Charter is Violated.-The fact that a charterer puts the vessel to a different use from that specified in the charter does not render him liable to the owner for an irjury to the vessel, if it appears that the unauthorized use did not cause or contribute to the damage.-Sutcliff v. Selig. man, U. S. D. C., S. D. (N. Y.), 110 Fed. Rep. Rep. 560.

195. SHIPPING-Using Ship as War Dispatch Boat.The breaking out of a war during the term of a time charter does not affect the rights or liabilities of the charterer, who is not bound to empley the vessel in the safest business, but may employ it in any service which is lawful and not in violation of the charter.The Ely, U. S. D. C., S. D. (N. Y.), 110 Fed. Rep. 563.

196. SHIPPING-Waiving Charter Provisions.-Where a charter expressly provides the lay days for loading and discharging, and fixes the amount of demurrage to be paid for overtime consumed by the charterer, the owner cannot be held to have waived such pro. vision, except upon clear evidence.-Henningsen v. Watkins, U. 8. D. C., E. D. (Va,), 110 Fed. Rep. 574. 197. SPECIFIC PERFORMANCE Indefinite or Alter. nate Agreements.-Specific performance of agreement to pay a debt, or, in default, to execute a mortgage, cannot be denied on the ground that it is indefinite and in the alternative.-Allender v. Evans-Smith Drug Co., Ind. T., 64 S. W. Rep. 558.

198. SPECIFIC PERFORMANCE-Oral Promise to Furnish Money.-An oral agreement to furnish the money required to complete a railroad is not such a definite and precise contract as to warrant a decree for its specific performance.-Bibber-White Co. White River Val. Electric R. Co., U. s. C. C., D. (Vt.), 110 Fed. Кер. 472.

199. STATUTE-Construction of Arkansas Statute in Indian Territory.-Where a statute of Arkansas is put in force in the Indian Territory by act of congress, it is incumbent on the courts in the territory to adopt the construction of such statutes by the Supreme Court of Arkansas.-Boyt v. Mitchell, Ind. T., 64 8. W. Rep. 610.

200. STATUTES-"Person" Does Not Include State.The word "person," in a statute, does not necessarily include state.-Banton v. Griswold, Me., 50 Atl. Rep.

187. RECEIVERS-Discharge on Motion of Trespassers of Land in His Possession.-Where a receiver is appointed to collect a judgment, he should not be discharged on the motion of trespassers on the land of which he is in possession under such judgment.McAllaster v. Edgerton, Ind. T., 64 S. W. Rep. 583. 188. RECEIVERS 89. Sale. A motion for the sale of railroad property in the hands of receivers denied on the ground that thepurpose of the receivership had not been accomplished.-Bibber-White Co. v. White River

201. STREET RAILROADS-Rule of "Stop, Look and Listen."-The rule that the failure of a person to stop, look, and listen before driving upon a railroad track

constitutes negligence as a matter of law is only ap. plicable to street railroads on a public street, where the attending conditions are such that reasonable care and prudence would require such precautions.Tacoma Ry. & Power Co. v. Hays, U. S. C. C. of App., Ninth Circuit, 110 Fed. Rep. 496.

202. SUBROGATION-Purchaser at Execution Sale.Purchaser at execution sale on money judgment held not entitled, on paying purchase money, to subroga. tion to creditor's claim against judgment debtor.Gray v. Denson, Ala., 30 South. Rep. 595.

203. SUNDAY-Presumption of Delivery of Deed.-In ejectment, burden of overcoming presumption at deed made on Sunday and delivered on that day is on person presenting it.-Williams v. Armstrong, Ala., 30 South. Rep. 553.

204. TAXATION-Vacating Tax Certificate-Tender of Tax.-Equity will not require a tender of tax equitably due, as a condition precedent to vacating a tax cer tificate as cloud on the title.-Title Trust Co. v. Ayls worth, Oreg., 66 Pac. Rep. 276.

205. TERRITORIES- Enforcing Cherokee Statutes of Marriage.-Under Act. Cong. June 28, 1898, § 26, the Cherokee statutes relating to marriage with one not a citizen of the nation, and removal therefrom, cannot be enforced by the federal courts.-McAllaster v. Ed. gerton, Ind. T., 64 8. W. Rep. 583.

206. TOWAGE-Moderate Gale.-A tug held liable for the loss of her tow, which she cut adrift during a moderate gale off Cape Cod.-The O. L. Halenbeck, U. S. D. C., S. D. (N. Y.), 110 Fed. Rep. 556.

207. TRADE-MARKS AND TRADE-NAMES- H. Bitters Violating "Hostetter's."- Acts held to establish fraud, entitling plaintiff, the owner of a trade-mark known as "Hostetter's Bitters," to an injunction against defendant for furnishing a substitute for such bitters marked "H. Bitters."-Hostetter Co. v. Martinoni, U. S. C. C., N. D. (Cal.), 110 Fed. Rep. 524. 208. TRADE MARKS AND TRADE-NAMES as Violating "Remington."- Wrongful use of name "Remington," in connection with word "Sholes," is not affected by subsequent shortening to "Rem-Sho." -Wyckoff v. Howe Scale Co. of 1886, U. S. C. C., D. (Vt.), 110 Fed. Rep. 520.

- "Rem-Sho"

209. TRIAL-Form of Instructions.-When proper in. structions are given, it is no ground of exception that they are not given in the form requested.-Wheeler v. Grand Trunk Ry. Co., N. H., 50 Atl. Rep. 103

210. TRIAL-Instruction Favoring One Phase of Evidence. An instruction giving undue prominence to a phase of the evidence, favorable to the person asking it, is properly refused.-Louisville & N. R. Co. v. Jones, Ala., 30 South. Rep. 586.

211. TRIAL-Proper Wording of Instructions.-An in. struction should clearly and intelligently set forth the law as applicable, without being conflicting, contra. dictory, confusing, or misleading.-Payne v. McCor. mick Harvesting Mach. Co., Okl., 66 Pac. Rep. 287.

212. TRUSTS-Endorsement of Beneficary not a Ratification.-An indorsement by a beneficiary relative to a conveyance by her trustee, having an interest in the trust estate, of all his property in trust to pay certain mortgages, held not a ratification of the mortgages as a charge on her interest in the trust estate.-Dudley v. Eastman, N. H., 50 Atl. Rep. 101.

213. USURY-Agreement to Pay Debts.- Agreement between insolvent debtor and another, by which the latter was to pay the former's debts and become subrogated to the rights of his creditors, and subsequent settlement, including compensation for services, held not to constitute usury.-Pettyjohn v. Wilkin, Okl., 66 Pac. Rep. 281.

214. VENDOR AND PURCHASER-False Representation. -In the absence of any allegation of fraud or mistake in a written contract for the sale of the interests of two of a large number of heirs in a tract of land, the purchaser cannot avoid payment on the ground that

the vendors falsely represented that they had title as heirs to certain lands, to which they in fact had no title.-Begley v. Eversole, Ky., 64 S. W. Rep. 513.

215. VENDOR AND PURCHASER- Waiving Lien by Taking Note.-Where, as part of the consideration for real estate sold to a wife, plaintiff took the note of the husband and two other signers as his sureties, the vendor's lien is thereby waived.-Shrimsher v. Newton, Ind. T., 64 S. W. Rep. 534.

216. VENUE-Condition of Sufficient Bond.-The court cannot grant a change of venue on condition that defendant furnish a sufficient bond.-Ellis v. Fitzpat rick, Ind. T., 64 S. W. Rep. 567.

217. VENUE-Removal Without Notice to Defendant. -A non-resident, not having designated an attorney on whom notice or other process may be served, can. not complain that defendant's motion for removal of cause was heard without notice to him.-Terry v. Skinner, U. S. C. C., E. D. (N. Car.), 110 Fed. Rep. 494. 218. WAREHOUSEMEN-Stipulation as to Leakage.—A notice printed across the face of a warehouse receipt for barrels of liquor that loss by leakage was at owner's risk will be deemed a part of the contract, where the receipt was accepted and goods stored with knowledge of such notice.-Taussig v. Bode & Haslett, Cal., 66 Pac. Rep. 259.

219. WILLS-Omitting to Mention Child.-Under Ind. T. Ann. St. 1899, § 3572 (Mansf. Dig. Ark. § 6500), an intentional or accidental omission of a testator to mention a child entitled it to apply to the court for relief.-George v. Robb, Ind. T., 64 S. W. Rep. 615.

220. WILLS-Remainder After Life Estate.-Under will limiting remainder after life estate to S and his heirs in equal shares, S held to take proportionate share as tenant in common with his children.-Smith v. Smith, Tenn., 64 S. W. Rep. 483.

221. WITNESSES-As to Absence of Witnesses.-In an action for injuries by a passenger against carrier, plaintiff, after testifying on cross-examination that the physicians treating her are absent, may explain such absence and testify to her effort to procure their attendance.- Southern Ry. Co. v. Crowder, Ala., 30 South. Rep. 592.

222. WITNESSES-Attorney as to His Employment.— Defendant's attorney was properly permitted to testify as to his employment on a motion to set aside a default judgment in favor of plaintiff entered on stipulation of such attorney.-Security Loan & Trust Co. v. Estudillo, Cal., 66 Pac. Rep. 257. 223. WITNESSES Cross-Examination. may properly cross-examine plaintiff's witness as to any matter in issue, though no inquiry was made in respect thereto on the direct examination.-Sands v. Southern Ry. Co., Tenn., 64 S. W. Rep. 478.

Defendant

- Plaintiff's

224. WITNESSES Cross-Examination. cross-examination of witness, showing that defendant paid witness' way to the trial and was to pay his expenses, held permissible.-Southern Ry. Co. v. Crowder, Ala., 30 South. Rep. 592.

225. WITNESSES-Disqualification Because of Hearing Evidence.-A witness coming into court after trial had commenced held not disqualified because he heard some of the state's evidence and was not under rule with the other witnesses.-Pile v. State, Tenn., 64 S. W. Rep. 477.

226. WITNESSES-Impeachment for Misconduct.-It was improper to permit a witness to be impeached by showing specific acts of misconduct not contradictory of her statements as a witness.-Roberts v. Johnson, Ky., 64 S. W. Rep. 526.

227. WITNESSES-Surprise.-A party who has been surprised by the testimony of his own witnesses upon a material fact may be permitted by the court, in its discretion, to show that the witness had made a different statement previous to the trial.-Tacoma Ry. & Power Co. v. Hays, U. S. C. C. of App., Ninth Circuit, 110 Fed. Rep. 496.

INDEX-DIGEST

TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEAD-
ING ARTICLES, ANNOTATED CASES, LEGAL NEWS,

CORRESPONDENCE AND BOOK REVIEWS
IN VOLUME 53.

A separate subject-index for the "Digest of Current Opinions" will be found on page 502, following this Index-Digest.

ADULTERATION,

prohibiting sale of cream containing less than a certain per centum of fat, 221.

ADULTERY,

evidence of intimacy prior and subsequent to the offense charged, 245.

ADVERSE POSSESSION,

adverse possession of grantee under foreclosure sale, 82.

what is necessary to constitute actual adverse possession, 482.

AGRICULTURE,

failure of "cropper" to comply with contract, 302. ALIENS,

application of "alien contract labor laws" of the United States, 363.

ALIMONY,

not a provable debt in bankruptcy, 205.

ANARCHY,

suppression of anarchy by forbidding the right to speak or print its doctrines, 241.

deportation of anarchists into exile, 313.

a remedy for anarchism, 471.

ANIMALS,

action against railroad for killing dog, 243. Senator Vest's famous dog speech, 273.

APPEAL AND ERROR,

remarks of counsel as reversible error in civil cases, 85.

ASSIGNMENT,

assignment of unearned salary, 382. equitable assignment of judgment, 383.

equitable assignment of interests in judgments
for personal injury, 393.

ATTORNEY AND CLIENT. See LAW AND LAWYERS.
common-law doctrine of maintenance still in
force independent of statutory enactments, 41.
attorney's fees as preferred claims, 82.
right of wife's attorneys in divorce suit to recover
compensation from the husband, 103.
punishment of attorney for unprofessional con-
duct, 181.

right of woman to practice law, 273.

unconscionable percentage of contingent fees in certain cases, 282.

right of client to discharge attorney employed on

a contingent fee, 282.

"ambulance chasing" as an evil, 459.

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CARRIERS OF GOODS,

termination of extraordinary liability of carrier of freight, 304.

modification of carrier's extraordinary liability depending, on the nature of the consignment,

806.

modification of carrier's extraordinary liability by usage or contract, 308.

CARRIERS OF PASSENGERS,

stipulation against liability in a free pass will not bar action by passengers, 252.

limitation of carrier's liability for injuries to passengers, 253.

reasonableness of time limits in railroad tickets,

302.

CAVEAT EMPTOR,

application of rule where vendee has opportunity to inform himself, 281.

CEMETERIES,

right of municipality to prohibit or restrict estab lishment of cemeteries or right of burial within certain limits, 50.

CENTRAL LAW JOURNAL,

practical features of the Central Law Journal, 401. CHARITIES,

torts of charitable institutions maintained by tax. ation, 62.

exemption from taxation of property used partly for religious services and partly, as a source of revenue, 183.

the non-liability of charitable institutions for neg. ligence causing personal injuries or death, 224. CHILDREN,

right of action for wrongful death of unborn child, 382.

CHINA,

the law of China, 432.

COMMERCE,

exclusion of cattle as a regulation of commerce, 288.

state tax on peddlers and drummers as affecting interstate commerce, 324.

the Chicago smoke nuisance ordinance as a regu lation of interstate commerce, 443.

COMMON LAW,

federal common law, 44.

CONSPIRACY,

combinations for immoral purposes, as, to overthrow society or government, 241. CONSTITUTION,

does the United States constitution inhibit state laws limiting hours of private daily employment

384.

CONSTITUTIONAL LAW. See COMMERCE.

revocation of physician's licenses by state board, 3.

constitutionality of amendment to the Missouri constitution taxing mortgages, 41.

the constitutional protection of the obligation of contracts, 44.

subsequent laws impairing the obligation of con-
tracts, 47.

prohibition of burial within city limits as an exer.
cise of the police power, 48.
constitutionality of statute authorizing the inspec-
tion of malt liquors, 81.

criticism of insular tariff cases, 181.
special taxation of abutting property for street
improvements an infringement of property
rights, 261.

contemporaneous construction of constitutions,

272.

validity of assessments for street improvements when in substantial excess of benefits, 281. quarantine laws as regulations of interstate commerce, 291.

CONSTITUTIONAL LAW-Continued.

state tax on peddlers and drummers as affecting interstate commerce, 324.

cruel and unusual punishment, 461.

power of state to forbid foreign corporations from doing business in its territory, 462.

CONTEMPT,

publication of judicial proceedings constituting contempt of court, 161.

failure to obey invalid order of court, 189. jurisdiction of courts to punish for contempt, 193. newspaper comment on pending cases, 216.

power to punish for contempt where other remedies exist, 312.

tampering with witnesses and jurors as contempt of court, 311.

what is misconduct "in presence of" court, 312. CONTRACTS,

forbearance as a consideration, 7.

the constitutional protection of the obligation of contracts, 44.

contracts for future delivery, 61.

mutuality as the essence of contract, 134.

effort of construing together several contempora-
neous contracts, 166.

anticipatory notice of breach of contract, 202.
estoppel as a species of contract, 207.
enforcement of contracts based on executory con-
sideration, 211.

contracts based on mutual promises and executory considerations, 212.

power of one party to executory contract to stop its performance without the consent of the other, 247.

contracts in restraint of trade, 343.

CONVERSION,

liability of agent, auctioneer or intermeddler without authority, 481.

CORPORATIONS,'

issue of stock for property, 2.

majority stockholders as trustees, 42.

limitation of actions against stockholders, 43.
limitation on right of corporation to amend or re-
peal by-laws impairing obligations with its stock-
holders, 83.

corporation law of South Dakota, 92.
right of officers to compensation, 110.

right of directors of a corporation to compensation
for services, 113.

right of stockholders to combine to control the corporation, 163.

statute imposing individual liability on stock. holders not a penalty, 165.

liability of stockholders on unpaid subscriptions for stock, 181.

right of successive owners of stock to dividends, 203.

Arizona's new corporation law, 214.

right of corporation to sell its assets to another
company in fraud of its creditors, 223.
right of receiver to sue on subscription cancelled
by insolvent corporations, 244.

personal action of shareholders against directors
for fraud and negligence, 263.

value of mining property taken in payment of capital stock, 348.

power of a state to restrict or forbid the doing business within its territory by a foreign corpo. ration, 462.

foreign corporations not entitled to the privileges and immunities of citizens, or domestic corporations, 464.

criminal liability of corporations in England, 489. COUNTIES,

liability for torts of county poor farms, 65. COURTS,

holding justice court on the sidewalk, 480.

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