COUNSEL. See Misconduct of Counsel. COUNTERCLAIM. See Set-off. COUNTIES. Condemnation of property for widening road-liability of county commissioners for unneces 135. Annotateà COURTS. Attorneys-summary control by court-transaction outside professional relation. Krickau v. Creditors' bills-jurisdiction-waiver by failure to demur. Coffey v. McGahey (Mich.), 923. Jordan (Cal.), 1237. Annotated Opinions of courts as authority-advisory opinion. Laughlin v. Portland (Me.), 734. Title to property-jurisdiction of equity to determine. W. T. Smith Lumber Co. v. Jernigan Wills-jurisdiction of equity to construe will creating trust. Heiseman v. Lowenstein 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. necessity that drug administered be capable of producing intended effect. State v sentence not excessive. State v. Shaft (N. Car.), 627. Annotated victim of abortion as accomplice. State v. Shaft (N. Car.), 627. Assault-person assaulted on his own premises-right to repel attack without retreating. Annotated Bankruptcy concealment of assets-criminal liability of corporation. Kaufman v. United 466. Concealment of assets-sufficiency of evidence. 4 concealment of assets-indictment as charging felony. Kaufman v. United States 466. Annotated opening partly open door as burglary. State v. Lapoint (Vt.), 318. Annotated Defenses-inducement to commit offense with view to prosecution therefor as defense to Annotated insanity as defense to charge of crime-test of responsibility. State v. Mewhinney Distinction between felony and misdemeanor. Dutton v. State (Md.), 89. CRIMINAL LAW-Continued. State Embezzlement-restoration of property as defense to prosecution for embezzlement. proof of other crimes-as incident to relevant evidence. State v. Von Klein (Ore.), proof of other crimes-to show motive. State v. Von Klein (Ore.), 1054. False pretenses-corporation-criminal liability of corporation for obtaining money by false indictment allegation as to intent. State v. Salisbury Ice, etc. Co. (N. Car.), 456. reliance on representation-what constitutes. State v. Salisbury Ice, etc. Co. (N. degree fixed by statute-right of jury to convict of lower degree. (N. Y.), 685. evidence articles taken from accomplice. State v. Mewhinney (Utah), 537. evidence sufficiency to sustain verdict. Bird v. State (Ga.), 205. Annotated instructions-power of jury to make recommendation of mercy. State v. Mewhinney instructions-request not based on evidence-intent of accused. State v. Mewhinney question for jury-shooting intentional or accidental. People v. Kane (N. Y.), 685. 422. 1151. validity of indictment-prosecutor member of grand jury. State v. Pitt (N. Car.), prosecution for violation of municipal ordinance-proof of other offenses. Annotated Borok v. Larceny-evidence-relation of accused and prosecutor. State v. Pitt (N. Car.), 422. indictment-words sufficiently charging malice. 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- Sentence and punishment-capital punishment for assault with intent to rape-cruel and failure to interrogate accused before sentence-effect. 'Dutton v. State (Md.), 89. Trial-exclusion of public-discretion of court. Dutton v. State (Md.), 89. Annotated Dutton v. State See also Actions and Proceedings; Appeal and Error; Fines and Penalties; CROPS. Landlord and tenant-estoppel to deny landlord's title-right to crops. Willard v. Higdon Annotated Parol reservation of growing crops-validity. 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. 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. Annotated value of fixtures as element of damages. Jackson v. State (N. Y.), 779. Annotated Inadequacy or excessiveness-alienation of affections-what is excessive verdict. Weber v. assault and battery-what is excessive verdict. false imprisonment-what is excessive verdict. Annotated Bursow v. Doerr (Neb.), 248. false imprisonment-what is excissive verdet. 1075. malicious prosecution-what is excessive verdict. 1081. 912. telegraph case-what is excessive verdict for mental anguish. Western Union Tele- Landlord and tenant-eviction-damages for humiliation-sufficiency of evidence. Lane v. Liquidated damages-breach of contract--stipulated forfeiture as penalty or liquidated dam- contract liquidating damages-validity. Parker-Washington Co. v. Chicago (Ill.), Liquidated damages-public contract-liquidated damages-defenses to recovery-delay in Malicious prosecution elements of damage recoverable. Seidler v. Burns (Conn.), 266. Personal injuries-measure of damages generally. King v. Cooney-Eckstein Co. (Fla.), 163. Remittitur voluntary remittitur by plaintiff-effect as prejudicial to defendant. Craghead Replevin-liability for unfounded suit-exemplary damages. Vitagraph Co. v. Swaab (Pa.), 311. Telegraphs and telephones-disclosing contents of message-recovery of punitive damages. See also Appeal and Error; Life Estates. DEATH BY WRONGFUL ACT. Damages-measure of damages generally. 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. DEATH MESSAGE. See Telegraphs and Telephones. DEBTOR AND CREDITOR. See Corporations; Creditors' Bills; Fraudulent Sales and Conveyances; Municipal 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- Evidence administrator's deed-admissibility as muniment of title-necessity for producing Purchase-money mortgage-priority over deed. Warren Mortgage Co. v. Winters (Kan.), DEMURRER. See Appeal and Error; Pleading. DEMURRER TO EVIDENCE. DEPOSITIONS. Practice notice to parties of taking deposition. Barfield v. South Highlands Infirmary DEPOSIT. See Bids. DEPOSITS. See Banks. DESCENT AND DISTRIBUTION. Inheritance from adopted child-estate inherited from foster parent by adopted child. Rus- right of inheritance as between natural and adopted parent. Carpenter v. Buffalo DESERTION. DIARIES. Private diary as evidence. Arnold v. Hussey (Me.), 715. DIRECTION OF VERDICT. See Verdict. DISABLED PERSONS. DISCOVERY. Annotated Annotated Privilege transcript of court proceedings as privileged from inspection. Lambert v. Home DISCRETION. See Trial. DISCRIMINATION. See Telegraphs and Telephones. DISEASE. Death by wrongful act-proximate cause of death-antecedent disease. Nicoll v. Sweet See also Evidence; Wills. DISMISSAL AND NONSUIT. Demurrer to evidence-what error considered. Hall v. Manufacturers' Coal, etc., Co. (Mo.), Motion to dismiss properly denied. Price v. Minnesota, etc. R. Co. (Minn.), 267. DISORDERLY HOUSES. Annotated Keeping of bawdy house-right of state to enjoin. Laymaster v. Goodin (Mo.), 452. DISTRICTS. 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. |