ÆäÀÌÁö À̹ÌÁö
PDF
ePub

COUNSEL.

See Misconduct of Counsel.

COUNTERCLAIM.

See Set-off.

COUNTIES.

Condemnation of property for widening road-liability of county commissioners for unneces
sary injury to adjoining property. Pettit v. County Commissioners (Md.), 35.
Personal injuries from defect in wharf-liability of county. Gregg v. King County (Wash.);

135.

Annotateà

COURTS.

Attorneys-summary control by court-transaction outside professional relation. Krickau v.
Williams (R. I.), 1145.

Creditors' bills-jurisdiction-waiver by failure to demur. Coffey v. McGahey (Mich.), 923.
Decisions-state court following federal decision-federal question. Albert Pick & Co. v.
Jury-power of court to exclude persons from jury service. Teat v. Land (La.), 1208.

Jordan (Cal.), 1237.

Annotated

Opinions of courts as authority-advisory opinion. Laughlin v. Portland (Me.), 734.
Public service corporations-power of court to regulate rates. Wolverton v. Mountain States
Tel. etc Co. (Colo.), 776.

Title to property-jurisdiction of equity to determine. W. T. Smith Lumber Co. v. Jernigan
(Ala.), 654.

Wills-jurisdiction of equity to construe will creating trust. Heiseman v. Lowenstein
(Ark.), 601.

See also Discovery; Eminent Domain; Injunction: Trial.

COVENANTS.

See Contracts; Deeds; Landlord and Tenant: Vendor and Purchaser.

CREDITORS' BILLS.

Jurisdiction of creditor's bill-waiver by failure to demur. Coffey v. McGahey (Mich.),

923.

CRIMINAL LAW.

Abortion-expert evidence-effect of abortifacient-basis for testimony. State v. Shaft (N.
Car.), 627.

necessity that drug administered be capable of producing intended effect. State v
Shaft (N. Car.), 627.

sentence not excessive. State v. Shaft (N. Car.), 627.

Annotated

victim of abortion as accomplice. State v. Shaft (N. Car.), 627.
Aider or abettor-prosecution before conviction of principal. Kaufman v. United States
(Fed.), 466.

Assault-person assaulted on his own premises-right to repel attack without retreating.
People v. Tomlins (N. Y.), 916.

Annotated

Bankruptcy concealment of assets-criminal liability of corporation. Kaufman v. United
States (Fed.), 466.
Annotated

466.

Concealment of assets-sufficiency of evidence.

4

concealment of assets-indictment as charging felony. Kaufman v. United States
(Fed.), 466.
Kaufman v. United States (Fed.)
concealment of assets-what constitutes offense. Kaufman v. United States (Fed.),
Bigamy-competency of wife as witness in prosecution for bigamy. State v. Von Klein
(Ore.), 1054.
Burglary-necessity of instructing as to circumstantial evidence. State v. Lapoint (Vt.),
318.

466.

Annotated

opening partly open door as burglary. State v. Lapoint (Vt.), 318. Annotated
Conspiracy admissibility of acts and declarations of co-conspirators. People v. Cassidy (N.
Y.), 1009.

Defenses-inducement to commit offense with view to prosecution therefor as defense to
charge. State v. Salisbury Ice, etc. Co. (N. Car.), 728.

Annotated

insanity as defense to charge of crime-test of responsibility. State v. Mewhinney
(Utah), 537.

Distinction between felony and misdemeanor. Dutton v. State (Md.), 89.

CRIMINAL LAW-Continued.

State
Annotated

Embezzlement-restoration of property as defense to prosecution for embezzlement.
v. Baxter (Ohio), 60.
Evidence accomplice competency of testimony. State v. Shaft (N. Car.), 627.
accomplice-confession as sufficient corroboration. Knowles v. State (Ark.), 568.
Annotated
accomplice necessity of corroboration. State v. Shaft (N. Car.), 627.

proof of other crimes-as incident to relevant evidence. State v. Von Klein (Ore.),
1054.

proof of other crimes-to show motive. State v. Von Klein (Ore.), 1054.
testimony at former trial of same defendant in criminal case-admissibility. State
v. Von Klein (Ore.), 1054.

False pretenses-corporation-criminal liability of corporation for obtaining money by false
pretenses. State v. Salisbury Ice, etc. Co. (N. Car.), 456.
Annotated

indictment allegation as to intent. State v. Salisbury Ice, etc. Co. (N. Car.), 456.
obtaining loan of money as constituting crime of obtaining money by false pretenses.
Tingue v. State (Ohio), 1156.

reliance on representation-what constitutes. State v. Salisbury Ice, etc. Co. (N.
Car.), 456.
Homicide-defenses-death resulting from supervening cause. People v. Kane

degree fixed by statute-right of jury to convict of lower degree.
whinney (Utah), 537.

(N. Y.), 685.
Annotated
State v. Me-
Annotated

evidence articles taken from accomplice. State v. Mewhinney (Utah), 537.
evidence declarations of infant at time of homicide as part of res gestæ. State v.
Lasecki (Ohio), 1182.

evidence sufficiency to sustain verdict. Bird v. State (Ga.), 205.
instructions-insanity as defense. State v. Mewhinney (Utah), 537.
instructions-offenses to be submitted. Bird v. State (Ga.), 205.

Annotated

instructions-power of jury to make recommendation of mercy. State v. Mewhinney
(Utah), 537.

instructions-request not based on evidence-intent of accused. State v. Mewhinney
(Utah), 537.

question for jury-shooting intentional or accidental. People v. Kane (N. Y.), 685.
what constitutes "lying in wait." Patterson v. State (Ala.), 968.
Annotated
Incest-marriage of accused-sufficiency of evidence to show. Knowles v. State (Ark.), 568.
Indictment and information-mere surplusage as constituting variance. Tingue v. State
(Ohio), 1156.

422.

1151.

validity of indictment-prosecutor member of grand jury. State v. Pitt (N. Car.),
Annotated
Injunctions-power of equity to enjoin criminal prosecution. Sherod v. Aitchison (Ore.),
Annotated
right of state to enjoin private nuisance which is also crime. Laymaster v. Goodin
(Mo.), 452.
Annotated
Intoxicating liquors-carrying liquor into Indian territory-what constitutes offense-suffi-
ciency of indictment. Joplin Mercantile Co. v. United States (U. S.), 470.
carrying liquor into Indian territory-criminal liability of corporation. Joplin Mer-
cantile Co. v. United States (U. S.), 470.

prosecution for violation of municipal ordinance-proof of other offenses.
Birmingham (Ala.), 1061.

Annotated

Borok v.

Larceny-evidence-relation of accused and prosecutor. State v. Pitt (N. Car.), 422.
Malicious mischief-evidence-sufficiency to sustain verdict. State v. Ward (Minn.), 674.
indictment-sufficiency. State v. Ward (Minn.), 674.

indictment-words sufficiently charging malice. State v. Ward (Minn.), 674.
trial rulings approved. State v. Ward (Minn.), 674.

Preliminary examination-presumption supporting acts of magistrate.

ney (Utah), 537.

State v. Mewhin-

record of proceedings before examining magistrate sufficiency of showing that de-
fendant was appraised of rights. State v. Mewhinney (Utah), 537.
waiver of examination effect. State v. Mewhinney (Utah), 537.

Sentence and punishment-capital punishment for assault with intent to rape-cruel and
unusual punishment. Dutton v. State (Md.), 89.

failure to interrogate accused before sentence-effect. 'Dutton v. State (Md.), 89.

Trial-exclusion of public-discretion of court. Dutton v. State (Md.), 89.
instructions-character of accused. State v. Mewhinney (Utah), 537.
instructions-definition of reasonable doubt. State v. Pitt (N. Car.), 422.
private examination of witness in criminal case as reversible error.
(Md.), 89.

Annotated

Dutton v. State

See also Actions and Proceedings; Appeal and Error; Fines and Penalties;
Grand Jury; Malicious Prosecution.

CROPS.

Landlord and tenant-estoppel to deny landlord's title-right to crops. Willard v. Higdon
(Md.), 339.

Annotated

Parol reservation of growing crops-validity. Willard v. Higdon (Md.), 339.
Transfer of growing crop-part payment-statute of frauds. Willard v. Higdon (Md.), 339.

CROSS-EXAMINATION.

See Witnesses.

CROSS-PETITION.

See Pleading.

CRUEL AND UNUSUAL PUNISHMENT.

See Sentence and Punishment.

CUSTOMS.

See Usages and Customs.

DAMAGES.

Breach of promise of marriage-abortion as element of damages. Nolan v. Glynn (Iowa),

559.

seduction as element of damages. Nolan v. Glynn (Iowa), 559.
Conflict of laws-what law governs in assessment in damages for personal injuries. Osborne
v. Grand Trunk R. Co. (Vt.), 74.

Conversion-corporate stock-measure of damages. Hawkins v. Mellis, Pirie & Co. (Minn.),

640.

Annotated

Death by wrongful act-measure of damages generally. Nicoll v. Sweet (Iowa), 661.
Eminent domain-damages for taking and injuring land-requisites of instruction. Pettit
v. County Commissioners (Md.), 35.

Annotated

value of fixtures as element of damages. Jackson v. State (N. Y.), 779.
False imprisonment arrest by railroad policeman-liability of railroad-right to punitive
damages. Cincinnati, etc. R. Co. v. Cundiff (Ky.), 513.
Impotency-necessity of pleading specially in action for damages. Hall v. Manufacturers'
Coal, etc. Co. (Mo.), 375.

Annotated

Inadequacy or excessiveness-alienation of affections-what is excessive verdict. Weber v.
Weber (Ark.), 743.

assault and battery-what is excessive verdict.
death by wrongful act-what is excessive verdict.
false imprisonment-what is excessive verdict.

false imprisonment-what is excessive verdict.
(Ky.), 513.

Annotated

Bursow v. Doerr (Neb.), 248.
Nicoll v. Sweet (Iowa), 661.
Weigel v. McCloskey (Ark.), 503.
Annotated
Cincinnati, etc. R. Co. v. Cundiff
Annotated
Howell v. Wysor (W. Va.), 519.

false imprisonment-what is excissive verdet.
malicious prosecution what is excessive verdict.
malicious prosecution-what is excessive verdict.
malicious prosecution-what is excessive verdict.
(Minn.), 267.

1075.

[blocks in formation]

malicious prosecution-what is excessive verdict.
malpractice of surgeon-what is excessive verdict,
malpractice of surgeon--what is excessive verdict. Cranford v. O'Shea (Wash.),
Annotated
personal injuries-what is excessive verdiet. Gregg v. King County (Wash.), 135.
personal injuries-what is excessive verdict. Canadian Pacific Ry. v. Jackson (Can.),

1081.

912.

telegraph case-what is excessive verdict for mental anguish. Western Union Tele-
graph Co. v. Blake (Ark.), 521.
Annotated
Instruction on measure of damages-requiring verdict to be based on evidence. Weigel v.
McCloskey (Ark.), 503.

Landlord and tenant-eviction-damages for humiliation-sufficiency of evidence. Lane v.
Au Sable Electric Co. (Mich.), 1108.

Liquidated damages-breach of contract--stipulated forfeiture as penalty or liquidated dam-
ages. Parker-Washington Co. v. Chicago (Ill.), 337.

contract liquidating damages-validity. Parker-Washington Co. v. Chicago (Ill.),

[blocks in formation]

Liquidated damages-public contract-liquidated damages-defenses to recovery-delay in
other work. Parker-Washington Co. v. Chicago (Ill.), 337.

Malicious prosecution elements of damage recoverable. Seidler v. Burns (Conn.), 266.
recovery of punitive damages. McIntosh v. Wales (Wyo.), 273.

Personal injuries-measure of damages generally. King v. Cooney-Eckstein Co. (Fla.), 163.
measure of damages-loss of earning capacity. Miller v. Delaware River Trans. Co.
(N. J.), 165.

Remittitur voluntary remittitur by plaintiff-effect as prejudicial to defendant. Craghead
v. McCullough (Colo.), 1075.

Replevin-liability for unfounded suit-exemplary damages. Vitagraph Co. v. Swaab (Pa.),

311.

Telegraphs and telephones-disclosing contents of message-recovery of punitive damages.
Purdy v. Western Union Tel. Co. (S. Car.), 726.

See also Appeal and Error; Life Estates.

DEATH BY WRONGFUL ACT.

Damages-measure of damages generally. Nicoll v. Sweet (Iowa), 661.
what is excessive verdict. Nicoll v. Sweet (Iowa), 661.

Evidence-complaints of suffering. Nicoll v. Sweet (Iowa), 661.

domestic relations of deceased. Nicoll v. Sweet (Iowa), 661.

Annotated

Annotated

Annotated

ill health of deceased-inability to obtain insurance. Nicoll v. Sweet (Iowa), 661.
Illegitimate child-right of parent to sue for death.-Hadley v. Tallahassee (Fla.), 719.
Limitations commencement of running of statute of limitations against action for death by
wrongful act. Causey v. Seaboard Air Line R. Co. (N. Car.), 707.
Annotated
Proximate cause of death-antecedent disease. Nicoll v. Sweet (Iowa), 661.
Unguarded mill race-liability of owner for death of trespassing child. Riggle v. Lens
(Ore.), 1083.
Annotated

DEATH MESSAGE.

See Telegraphs and Telephones.

DEBTOR AND CREDITOR.

See Corporations; Creditors' Bills; Fraudulent Sales and Conveyances; Municipal
Corporations; Stock and Stockholders; Suretyship.

DECEDENTS' ESTATES.

See Executors and Administrators.

DECISIONS.

See Appeal and Error; Courts.

DEEDS.

Covenant of warranty and against incumbrances—railroad right of way as breach of cove-
nant. Schwartz v. Black (Tenn.), 1195.

Evidence administrator's deed-admissibility as muniment of title-necessity for producing
letters of administration. Bunger v. Grimm (Ga.), 173.

Purchase-money mortgage-priority over deed. Warren Mortgage Co. v. Winters (Kan.),

[blocks in formation]

DEMURRER.

See Appeal and Error; Pleading.

DEMURRER TO EVIDENCE.
See Dismissal and Nonsuit.

DEPOSITIONS.

Practice notice to parties of taking deposition. Barfield v. South Highlands Infirmary
(Ala.), 1097.

DEPOSIT.

See Bids.

DEPOSITS.

See Banks.

DESCENT AND DISTRIBUTION.

Inheritance from adopted child-estate inherited from foster parent by adopted child. Rus-
sell v. Jordan (Colo.), 760.
Annotated

right of inheritance as between natural and adopted parent. Carpenter v. Buffalo
General Electric Co. (N. Y.), 754.

DESERTION.
See Divorce.

DIARIES.

Private diary as evidence. Arnold v. Hussey (Me.), 715.

DIRECTION OF VERDICT.

See Verdict.

DISABLED PERSONS.
See Carriers of Passengers.

DISCOVERY.

Annotated

Annotated

Privilege transcript of court proceedings as privileged from inspection. Lambert v. Home
(Eng.), 872.
Annotated

DISCRETION.

See Trial.

DISCRIMINATION.

See Telegraphs and Telephones.

DISEASE.

Death by wrongful act-proximate cause of death-antecedent disease. Nicoll v. Sweet
(Iowa), 661.

See also Evidence; Wills.

DISMISSAL AND NONSUIT.

Demurrer to evidence-what error considered. Hall v. Manufacturers' Coal, etc., Co. (Mo.),
375.

Motion to dismiss properly denied. Price v. Minnesota, etc. R. Co. (Minn.), 267.
See also Appeal and Error; Malicious Prosecution.

DISORDERLY HOUSES.

Annotated

Keeping of bawdy house-right of state to enjoin. Laymaster v. Goodin (Mo.), 452.
Validity of fire insurance policy on bawdy house and furniture therein. Dominion Fire Ins.
Co. v. Nakata (Can.), 1963.
Annotated

DISTRICTS.
See Elections.

DIVORCE.

Desertion-conduct of wife not justifying. Tipton v. Tipton (Iowa), 360.

offer to return after lapse of statutory period. Tipton v. Tipton (Iowa), 360.

« ÀÌÀü°è¼Ó »