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201

LEADING ARTICLES:

69

168

394

JUDGES in New York, salaries of..

of Federal Supreme Court not entitled to mileage.. 290
JUDGMENT:

by confession; what a sufficient statement for; set-
ting aside sale under execution; when not proper, 389
holder of subsequent lien on land affected by, may
show amount due on....

lien of, under Oregon law; docket entry.
purchaser of, without notice, takes subject to the
equities; neglect to record contracts affecting;
mortgage; redemption by junior mortgagee; effect
of tender by holder of junior incumbrance... 333, 334
when it creates no cloud on title: assignment under
State law set aside under bankrupt law.......
(see Laches; Set-off.)

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for torts, joint and several wrong-doers...
JUDICIAL CHARGE, as furnished by London
Punch.

299

Public Treasurers, Liability of.

129

Reminiscences of Kent and Brougham..

424

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JUDICIAL OFFICERS, selection of higher....... 357
JURISDICTION:

bonds of foreign government; property of govern-
ment in hands of agent in England; pledge in
favor of bond-holders: principal and agent
cause transferred from State court; amendment of
pleading after transfer.

Some Recent Decisions--19 American, 112; 20 Ameri-
can, 160; 21 American, 382.

404

State Citizenship.

24

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120

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415

Voluntary Conveyances...

196

court of general; court of special

245

United States Court; stockholder in corporation
French court refusing to exercise

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in equity in actions for infringement; patentability
of process

agreements in; when grantee of lessor not bound by;
termination of

117

99

judgment record of domestic court not conclusive

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as to...

310

of State courts as to mortgage made by bankrupt;
McHenry et al. v. La Société Française..
recitals in record not conclusive as to jurisdiction;
when statements as to jurisdiction in record may
be impeached.

393

282

State courts and receivers appointed by Federal
courts; St. Joe & Denver City R. R. Co. et al. v.
Smith

408

when appeal lies from State court; Federal question, 391
action (see Bankruptcy; Infancy; Practice).

JUROR:

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34

LEAGAL TENDER ACT (see Constitutional Law).

302

(see Evidence; Grand Juror.)

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trial by in Russia..

440

(see Grand Jury).

LEX DOMICILII and marriage (see Husband and
Wife).

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MARINE COURT of New York, the, as an ex-
pounder of the new Code.
MARINE INSURANCE:

partial loss; cost of repairs; allowance of one-third
new for old; suing and laboring clause; salvage
expenses

sub-agent of broker; lien on policies for premiums
paid by him; notice..
wagering policy; open policy on profits and commis-
sion; without benefit of salvage, but to pay loss
on such part as shall not arrive; "illegality; 19 Geo.
2, c. 37; return of premiums..

390

214

to secure coupon bond; sheriff's sale; distribution
of proceeds; holder of bond informally trans-
ferred to him...

upon property to be acquired

225

349

265

when deed absolute in form treated as mortgage;
rule to determine character of instrument: posi-
tion, rights and liabilities of parties to instrument, 210
(see Bankruptcy; Judgment; Life Insurance.)
MUNICIPAL BONDS, assignment of......
transfer of stock held in pledge; presumption; ex-

188

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169

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MARITIME CONTRACT contract for use of
what is a barge having no motive power of its own
held liable for wharfage....

391

invalid ordinance by ; what is such ordinance.
liability for damages from frightful object allowed
on streets....

104

438

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MURDER (see Criminal Law).

223

contracts in behalf of, by agent; limitation of
authority; what is not carrying on a separate busi-
ness; the disabilities and liabilities of married

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NATIONAL BANKS, reduction of stock by....... 140
(see Bank).

NAVIGABLE WATERS, rights of owners of
land adjoining as to landings; obstructions.
NEGLIGENCE:

act of God; overflow of river by reason of neglect to
comply with statute; measure of damages.... 396
amount of damages limited to compensation for ac-
tual loss; husband and wife; next of kin; who
entitled to recover for death from, under statute. 72
building works; removal of hoarding; injury to per-
son passing in street; sub-contractor; liability;
evidence of negligence.

74

crossing railway track; contributory negligence.... 225
(see Contributory Negligence.)
duty of owner of wharf as to vessels mooring there;
municipal corporations...

189

74

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55

duty of telegraph companies as to construction of
line in streets of city...

390

master not liable to servant for negligence of fellow

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duties of contractor and sub-contractor; question
of fact; unforeseen accident

438

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attorney's fees; effect of including them in note, 89-116
bill of exchange; advance secured by bills and by
assignment of debts due to borrower; bills nego-
tiated; bankruptcy of acceptor; application of
proceeds of assigned debts...

note obtained by fraud; misrepresentation as to na-
ture of instrument; negligence; estoppel; leav-
ing blank; signing note without reading; title to
defense..

presumption of ownership from possession; bona
fide holder without notice not affected by agree-
ments between maker and indorser and former
holder; prior knowle lge necessary to impeach
title of bona fide holder; unperformed agreements
no defense..

208

153

70

tax payers of a municipality may invoke equity to
restrain municipal authorities acting ultra vires... 418
PARTITION judgment and sale in, bars future
contingent interest; who entitled to maintain action, 13
PARTNERSHIP:

agent; dissolution of; notice to those dealing with
firm; who is a dealer; notice by mail, when insuf-
ficient; question of fact; presumption as to let-
ters sent by post....
agreement to indemnify retiring partner against
existing contracts of the firm; presumption as to
knowledge of liquidating partner with regard to
such contracts; evidence; proof of contents of
letters; what not admissible; parol proof corrobo-
rative and explanatory of matters of record..
bankrupt partner; rights of creditor of firm..
contract rendering parties partners; for what part-
ners not liable.

36

in action for fraud in sale of real estate; when per-
son not named in contract may maintain action..
in action in nature of creditor's bill; judgment
debtor necessary.

36

35

417

321

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477

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promissory note; signing as maker and indorser;
signing as executor.

remedy against survivor only...

321

135

partner cannot make assignment for benefit of

indorsement in blank before delivery; presumption
of guaranty; right to fill up indorsement ..
promissory notes; transfer of part due notes; notes
for purchase-price of land

135

creditors without consent of copartner; subse-
quent ratification; what constitutes.

153

what will constitute..

418

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(see Indorsement.)

PATENT:

NEILSON, Judge, articles by, on Rufus Choate...... 309
NEW LAW COURTS.....

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150

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NEW TRIAL when refusal to submit to jury not
ground for

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NEW YORK CITY:

licensee under, may not question validity

438

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patentability of process...

99

assessment for local improvements; valid and void

State interference with.

360

assessment..

223

assessments for paving street previously paid; vaca-
tion of; evidence...

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334

(see Contract.)

assessment of property for local improvement; rule
governing; statutory construction; implied re-
peal of statute; rule as to......

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consolidation of county and city; rights of holders
of claim against county to sue city; estoppel;
what does not constitute..

appropriation to contract ultra vires..

169

264

secured notes given to fall due at different dates;
distribution of collateral security..

186

contracts made with; condition precedent to pay-
ment; construction of contract; effect of statute
upon terms of; estoppel.....

PERSONAL CHATTEL:

103

salaries of Marine Court officers; power of super-
visors to regulate...

414

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(see Constitutional Law.)

Bar Association, privileged communications of
members of...

secret liens on; sale or return of, under form of
lease...

71

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RUFUS CHOATE:

Judge Neilson on

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letter from

recollections of.

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STATE, attaching money in State treasurer's hands;
suit against State

104

298

RULES of Supreme Court of New York, revision of. 268

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citizenship

governments, suing..

legislation, impairing obligation of contracts

24

110

466

bar, standard of..

420

(see Contracts.)

municipalities, relations between

174

SALE:

condition precedent; of personal property at fixed
price, to be paid in other property at fixed price..
of personal property; sale to agent.

secrets, State officers not compelled to reveal....... 356
STATUTE OF FRAUDS:

56

agency of one signing contract may be shown by
parol

120

395

appropriation under..

110

caveat emptor; sale of cattle in open market
fraud; rescission of contract ....

166

170

agreement concerning land; party to be charged
only need sign memorandum; adverse possession;
statute of limitations..

209

of real estate, vendor and purchaser; contract by
letters; description of vendors; " proprietors,
stipulation for formal contract; condition preced-
ent; statute of frauds...

contract with agent for agent's benefit; when not
applicable....

54

guaranty..

15

304

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lease; option of holding after three years (29 Car. 2,
c. 3), ss. 1, 2; 8 and 9 Vict., c. 106, s. 3...
parol promise to give house; agreement in consider-
ation of marriage; possession; part performance;
incumbrances; statute of frauds..

152

305

..........

117

parol promise to pay debt of another; liability of
indorser

167

sale of interest in land; license; estoppel ultra
vires...

153-154

verbal lease for a year to commence in futuro ;
ing over....

hold-

167

want of consideration; promise to answer for debt
of another...

78

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of summons on foreign corporation; cause of action
arising in this State; constitutional law; statutes
regulating service of process.....
SET-OFF, common to all systems of jurisprudence:
wholly within legislative control; judgment; statute
passed after judgment obtained for bank allowing
notes to be set off against it

118

455

SEWING MACHINE CONTRACT (see Con-
tracts).

SHAKER SEED CASE..

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343

bill of lading; liability of ship owner;
countable for risk, leakage or breakage;
struction of charter party; liability of ship owner
to charterers for negligence of master and crew, 439
carriage of merchandise; warranty of seaworthi-
ness; ship seaworthy while lying in port of load-
ing, but becoming unseaworthy at time of sailing
on voyage with cargo on board
charter-party; delivery short of destination; freight
pro rata itineris
delivery to charterer; when general owner not lia-
ble

duty of boat towed to exhibit lights; negligence;
relations between master and servant; respondeat
superior; rights of owner of cargo in case of col-
lision; steam tug and canal boat towed by it...
duty of owner in fitting up ship; sea-worthiness;
master and crew; compasses.
material men; equipment; British ship; lien; pur-
chaser with notice; salvage of life; liability of
cargo; merchant shipping act, 1854 (17 and 18 Vict.,
c. 104) ss. 458, 459..

(see Sale of Real Estate.)

STATUTE OF LIMITATION:

acknowledgment of debt; implied promise to pay..
case of People v. Lord; as to indictments......
revival of debt..

trustee and cestui que trust..

STATUTORY CONSTRUCTION:

repeal of special statute

repeal of statutes

STATUTORY REMEDIES.......

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legislation to prevent...

committing persons for interfering with trains.
liability of corporations for

75

324

225

136

338

209

127

124

359

403

151, 246

aiding

340

by railroad employees...

110

158

158

109, 110

miners

.......

profitable to lawyers.

290

St. Louis lawyers and the strikes..

124

(see Popular Gatherings; Railroads.)

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