CONTRACT-Continued.

place of contract, 64.

insurance contracts, 64.
life insurance, 64.

fire insurance, 66.
marine insurance, 66.
promissory notes, 66.
bills of exchange, 66.
acceptance of drafts, 68.
usurious contracts, 68.

contracts for the sale of intoxicating liquors, 68.
the doctrine of substantial performance of a con.
tract does not apply where the deviations from
the terms of the contract are so substantial that
an allowance out of the contract price would not
give the owner substantially what he contracted
for, 69.

recent decisions as to the effect of substantial, but
not literal performance of contract, 70.

a contract valid elsewhere will not be enforced by
the courts of a State if it is condemned by posi.
tive law, or if inconsistent with the public policy
of the State as declared by the legislature, 111.
recent decisions on the conflict of laws relating to
contracts, especially in those cases in which the
capacity of the contracting parties is involved,

111.

where plaintiffs had contracted to move a house,
and had partially performed their contract when
the house burned without their fault, they may
recover for the work done, 123.

impossibility of performance as a bar to recovery
for work done, 123.

breach of contract by renunciation of perform-
ance, 161.

a person who having in charge as agent the goods
of another, makes with a common carrier a con.
tract to ship such goods, in which the agency is
not disclosed, may maintain an action in his own
name for breach of such contract, 164.

by professional biographers, 221.
proper parties plaintiff in actions on contract as
between an agent and an undisclosed principal,
232.

of employment subject to satisfaction of employer,
241.

necessary visits of physician to patient, 261.

what law governs in a contract for conditional sale
of personal property made in one State and prop-
erty delivered in another, 287.

recent cases on the subject of what law governs in
the construction and interpretation of contracts,
288.

jurisdiction of State courts of action against a resi
dent steamboat company for breach of contract
of carriage to be performed on the high seas, 152.
Jurisdiction of State courts over maritime con-
tracts and admiralty, 154.
capitalism in court, 172.

constructive contempt of courts, 221.
CRIMINAL EVIDENCE,

dying declaration of deceased person to the effect
that she knew that her mother-in-law (defend.
ant) had poisoned her, and that that was the
way she met her death, is in form a statement
of a fact and not an expression of opinion, and
is admissible, 264.

proof of marriage in criminal cases, 321.
admissibility of evidence of similar crime of lar
ceny, 368.

recent decisions on admissibility of other crimes
in criminal prosecutions, 370.
CRIMINAL LAW,

arrest upon suspicion, 1.

the doctrine of principal and accessory in criminal
cases, 50.

recent decisions on the law pertaining to principal
and accessory in criminal cases, 50.

over official acts of officers in the apprehension of
criminals, 61.

perjury before a de facto court, 81.
duty of public prosecutors, 92.

consent by defendant in prosecution for felony, to
jury of less than twelve, not binding, 101.
validity of Ohio mob violence law, 101.

validity of Connecticut statute prohibiting the
publication of criminal news, 161.

playing baseball on Sunday as an infringement of
the Sunday law, 190.

construction of criminal statutes in which general
words follow particular words, 192.
quotient sentences, 193.

criminal liability for forgery of invalid note, 261.
where one who has committed an assault goes be-
fore a justice of the peace, swears to a complaint
against himself, and is convicted on his own evi-
dence and assessed less than the maximum pun-
ishment, he cannot plead such proceeding in bar
of subsequent prosecution for the same offense
instituted on the complaint of the person as-
saulted, 262.

ESTOPPEL,

by silence and failure to assert title to property, 16.
recent decisions on equitable estoppel by silence
and failure to assert title, 11.

of municipal corporation to plead ultra vires act as
defense to action for money loand, 242.
EVIDENCE,

of usage and custom as to the meaning of the term
"dry goods," 3.

presumption as to receipt of draft sent by mail, 123.
EXECUTION,

statute which absolutely exempts to married
men their earnings for personal services ren
dered within sixty days next preceding the levy
of execution, does not impair the obligation of
contracts entered into prior to its passage, 222.
EXEMPTION. See EXECUTION; TAXATION.

FALSE REPRESENTATIONS.
FEDERAL COURTS,

See DECEIT.

criminal liability for forgery of invalid note, 261.
FRAUDS, STATUTE OF,

agreement by A to indemnify B for becoming ac.
commodation indorser for C, is not within stat
ute and therefore need not be in writing, 228.
where there had been no previous partnership or
joint enterprise between the parties, and they
agreed by parol that defendant should purchase
and take title to land in his own name and hold it
for the joint benefit of both, and plaintiff contrib.
uted no money to the enterprise, the contract
was within the statute of frauds requiring agree.
ments relating to land to be in writing, 477.
FRAUDULENT CONVEYANCE,

in anticipation of marriage, 399.
GARNISHMENT,

situs of debt, 2.

has the garnishing creditor a specific lien, 25.
by a creditor in one State, of wages in another
State of a resident of the former State, 222.
where all the parties to an action brought are non-
residents, none of them being within the State ex-
cept the garnishee who is served with a summons
while he is within its borders temporarily upon
business, the garnishee process must be dis
charged, 342.

GAS COMPANY,

recent decisions on the right of gas companies to
discontinue the supply of gas for non-payment of
a disputed bill, 13.

validity of rules providing for the discontinuance
of service of gas, for failure to pay previous bills,
130.

GUARANTY,

offer of guaranty requiring notice of acceptance,

492.

in an action on a guaranty for the payment of in-
debtedness to a bank from a certain principal
within certain time, the principal's insolvency,
from the making of the guaranty down to the

GUARANTY-Continued.

commencement of the suit is sufficient excuse
for not giving notice to the guarantors of the ad-
vancement or of the state of the account at the
expiration of the guaranty, 428.

recent decisions on the subject of necessity and
character of notice of acceptance of mortgage,
431.

HABEAS CORPUS,

one who is imprisoned under a judgment of con-
viction by a court of competent jurisdiction for
an act which is not in contravention of any law,
may obtain his release on writ of habeas corpus,
under Rev. Stat. 1889, secs. 5375, 5379, 190.

a new question of, 299.

HIGHWAYS,

bicycle is not a carriage, within the meaning of an
act providing damages for injuries caused by de-
fective highways, 224.

rights and liabilities of owners and operators of
automobiles on the highway, 379.

HOMESTEAD,

exemption of, in cities, 141.

HUMORS OF THE LAW, 13, 134, 194, 213, 351, 412, 433, 450,
490.

HUSBAND AND WIFE,

wife may maintain an action against one who en-
tices her husband from her and alienates his af-
fections, 162.

suits between husband wife, 284.

INFANT,

custody and control of infants, 305, 307.

INJUNCTION,

to enforce inspection of books by stockholder of
corporation, 2.

against combination of laborers, 121.

to protect the right of easement on property, 207.
right to, to restrain interference with an easement,
or to compel its restoration, 210.

not granted against a county to restrain it from
committing a nuisance, 251.

to prevent advertising by means of private pho-
tograph, 380.

to prevent conspiracy against persons not mem-
bers of trade unions, 386.

INSPECTION,

of books of corporation by stockholder, injunction
to enforce, 2.

INSURANCE,

forfeiture for breach of condition requiring the
surety to take an inventory of stock and keep
books of account correctly, and keep all inven.
tories and books locked in a fire proof safe, 340.
whether provisions as to forfeiture of policy
should be coastrued jointly, and whether to work
a forfeiture of a policy there must be a failure to
perform all of the conditions named in any par
ticular one of them, 310.

on building and stock of goods where premium is
payable in a gross sum, whether the policy is en-
tire and indivisible, 458.
INTERNATIONAL LAW,

and China, 272.
INTOXICATING LIQUOR,

where a bottle of cider is admitted as evidence in
prosecution for selling liquor it is not error to
permit the members of the jury to taste the con-
tents where the evidence tends to show that the
cider is in the same condition as when pur-
chased, 82.

JETSAM AND FLOTSAM, 72, 92, 155, 173, 193, 234, 251, 272,
290, 309, 349, 350, 482.
JOINT TORT-FEASORS,

where various property owners ran water from
their premises into an underground pipe, which
flooded plaintiff's wall, acting independent of
each other, they were not joint trespassers, and
no one of them is liable for the acts of the others,
441.

JUDGMENT,

against insolvent corporation, vacation of same by
a receiver, 3.

res judicata, 24.

validity of judgments rendered in a foreign State
without personal service of summons, 265.

life of a judgment of a federal court in favor of the
United States, 343.

limitation of actions against judgments of other
States, 420.

KENTUCKY,

questions involved in the struggle for the govern
orship of, 21.

LABOR AND LABORERS,

injunction against combination of laborers, 121.
the right to control the price of labor and the right
to strike, 301.

the right to control the price of labor, 301.
the right to strike, 303.

Injunction against trade unions, 386.

LANDLORD AND TENANT,

right to manure which accumulates on the demised
premises, 22.

LARCENY,

admissibility of evidence of a similar crime, 368.
LAW BOOKS,

Book Reviews, Reports.

American Bankruptcy Reports, Vol. 3, 34.

American State Reports, Vol. 72, 411.

Leading Cases in the Law of Insurance, 411.

American State Reports, Vol. 73, 433.

American State Reports, Vol. 74, 450.

Book Reviews, Text Books.

Readings in the Law of Real Property, 13.
Ballard's Annual on the Law of Real Property, 114.
Law of Real Property, 133.

The Law in Its Relation to Physicians, 156.
Joyce on Electric Law, 173.

Outline Study of Law (3d Ed.), 272.
Elliott on Roads and Streets, 292.

the law of operations preliminary to construction
in engineering, and architecture, 350.

law and practice of taxation in Missouri, 350.

a brief for the trial of civil issues, 411.
the quill driver, 450.

LIBEL.

criticism of candidates for office, 241.
LIFE INSURANCE,

as an asset in the bankruptcy court, 83.
under a policy denying liability in case of the in-
sured's suicide, whether sane or insane, a recov.
ery can be had where the insured's death is
caused by taking an overdose of morphine, but
the defendant failed to prove by a preponderance
of the evidence that, insured in taking the drug
intended to end his life, 400.

where the beneficiary in a certificate of insurance
murdered the assured, she thereby forfeited all
rights under the certificate, and hence neither
her children as her heirs nor her assignee can re-
cover thereon, 465.
where the beneficiary in a benefit certificate of in-
surance murdered the assured, the company's
liability was not thereby diminished, but the
benefits under the certificate reverted to and be
came a part of the assured's estate, and his ad-
ministrators could recover thereon for the ben-
efit of those who would have been entitled to the
insurance in the absence of any designation of a
beneficiary, 465.

recovery on a policy of insurance where the event
insured against is brought about by the act of the
beneficiary, 469.

LIMITATION OF ACTIONS,

on judgments of other States, 420.

ber when complete, 457.

enactment extending period on contract, 457.

ill health as an excuse for breach of marriage
promise, 319.

proof of, in criminal cases, 321.

general presumption in favor of, 321.

fraudulent conveyance in anticipation of, 399.
MASTER AND SERVANT,

liability for negligence in failing to acquaint a
servant with the operation of new appliances, 62.
liability of master for injuries to third parties from
acts of a stranger, 122.

contract of employment subject to satisfaction of
employer, 241.

labor organizations, the right to control the price
of labor, the right to strike, 301.

negligence of independent contractor, 310.

liability for injury to servant for assumed risk not
in line with servant's duty, 457.

liability for injury to servant where the master has
knowledge of servant's experience, 457.
MEASURE OF DAMAGES. See DAMAGES.
MISSOURI,

discussion of the recent constitutional amendment
of that State taxing mortgages, 443.
MONOPOLIES,

Contract of municipal corporation in the nature of,

421.

the regulation of "trusts," 45.

validity of agreement not to conduct business, as
stifling competition and promoting a monopoly,
484.

MORTGAGE,

acceptance of a trust deed, 340.
release by mortgagor to mortgagee, 401.
good faith exacted of mortgagee, 401.
executory agreement to surrender, 402.
conveyance of mortgaged premises in payment
of debt, 403.

parol release-statute of frauds, 403.

mortgage by deed absolute in form-defeasance
by parol or separate writing, 404.
deed absolute as passing legal title, 404.
mortgagor's interest as created by parol, 405.
estoppel against mortgagor, 406.

constitutional amendment taxing mortgages, 443.
foreclosure of, in the federal courts, 478.
MUNICIPAL CORPORATION,

validity of city ordinance unreasonably interfer-
ing with the liberty of a citizen, 2.

liability of, for negligence in the exercise of both
private or municipal powers, 5.

general rule stated, 5.

liability growing out of management of prop-
erty, 6.

ground of liability stated, 8.

iability for negligence in constructing public
works, and failure to keep in repair, 8.
liability of, for injuries proceeding from negligence
of fire department, 23.

validity of city ordinance declaring it unlawful to
associate with prostitutes, 102.

municipal liability for breach of public duties, 126.
exemption of homestead in cities, 141.

validity of city ordinance providing for public
Scavengers, 161.

MUNICIPAL CORPORATIONS-Continued.

validity of city ordinance prescribing certain
limits for lewd women, 181

liability of municipal corporation for damages re-
sulting from defective plans of construction, 185.
general doctrine stated, 185.

cases illustrating general doctrine, 186.
distinction between ministerial and judicial
duties, 187.

limitations on doctrine of non-liability on ac-

count of plans, 187.

defective plans in constructing street, 158.
reasonableness of plans, 189.

conclusion, 189.

estoppel to plead ultra vires by way of defense
against action for money loaned, 242.

the unconstitutionality of assessment of private
property by the front foot or area rule, to pay for
grading or paving a street or for building a sewer
or making other local public improvements
authorized by State legislative enactment, 243.
liability for torts of officers, 281.

rights of telephone company to maintain wires and
poles in streets, 291.

liability of, for personal injuries caused by negli
gence in the use of a steam roller on streets, 320.
liability of, for damage caused by surface water in
the construction of sewers and in the grading
and paving of streets, 367.

Jurisdiction of suit by water company to enjoin the
enforcement of a municipal ordinance fixing
rates of charges for water, 381.

right of city board of trade to withhold market
quotations, 399.

though not required by charter to let contracts for
public work to the lowest bidder, has no authority
to adopt an ordinance prescribing that all work
of a designated kind shall be given exclusively
to persons of a specified class, 421.

contract of, in the nature of a monopoly, 421.
statutes are unconstitutional which impose the
cost of a public improvement upon adjacent
lands, according to the frontage and area thereof
without any reference or limit to the extent or
ratio of special benefit thereto, 423.

where a smallpox hospital is rightfully located
and well conducted by a municipality there can
be no recovery by a property owner for depre-
ciation in the value of his property by its loca
tion in his neighborhood, 442.

the location by a city of a smallpox hospital on
land owned by it is not as to adjoining property a
taking of private property, nor a physical in-
jury, entitling adjoining landowners to damages,
442.

it is not a State legislative function to determine
the amount of special benefit of a public im.
provement to adjacent lands, hence a special as-
sessment based on such determination violated
the fourteenth amendment, 460.

MUTUAL BENEFIT INSURANCE. See LIFE INSURANCE.
NEGLIGENCE,

liability of municipal corporation for, in the exer-
cise of private or municipal powers, 5.

of a bailee imputed to his bailor, 72.
the acceptance of benefits from railroad em.
ployees' relief associations as a defense to ac
tionable negligence resulting in personal injuries
or death, 143, 172.

the fact that one who sustains injury by reason of
the negligence or wrongful act of another, may
have been at the time of the injury acting in dis-
obedience to his collateral obligation to the State,
which required of him the observance of the Sun.
day law, will not prevent a recovery from one
whose wrongful or negligent act or omission was
the proximate cause of the injury, 182.
liability for negligence in improperly placing elec
tric wires by which injury ensues, 202.

NEGLIGENCE-Continued.

bicycle is not a carriage, within the meaning of an
act providing damages for injuries caused by de-
fective highways, 224.

liability of the owner of a private park who uses it
for the purpose of the exhibition of fireworks,
for injury to spectators, 243.

liability of a public hospital to patients for injuries
resulting from the negligence of a nurse em.
ployed in the hospital, 280.

liability of shop keeper to maintain a safe place
for his customers, 300.
shop keeper cannot avoid responsibility to bis
customers by permitting an independent con-
tractor to enter his store at such time to perform
a contract with the shop keeper, 300.
contributory negligence on the part of a mother in
attempting to rescue her child from peril, 419, 446.
contributory negligence in attempting to rescue
the life of another, 449.

application of the doctrine of proximate cause, 440.
identity of persons guilty of negligence, 447.
NEGOTIABLE INSTRUMENTS. See BILLS AND NOTES.
NEW YORK,

statute of, aimed at fictitious incorporation, 141.
NUISANCE,

injunction not granted against a county to restrain
it from committing a nuisance, 251.

OFFICE AND OFFICERS,

State offices and the federal judiciary, 21.

liability on official bond for acts done by public
officer colore officii," 102.

criticism of candidates for office, 241.

OHIO,

validity of Ohio mob violence law, 101.
OPTIONS,

real estate options, 84.

OSTEOPATHY,

legal status of, and ph ysicians practicing it, 201.
PARENT AND CHILD,

custody of minor as between the parents, 305.
recent cases on custody and control of infants, 307.
PAYMENT,

whether right of action for death by wrongful act
is barred by payment of money to one who is
made a beneficiary under a membership in a re
lief fund, 399.

PERJURY,

before a de facto court, 81.

PHYSICIANS AND SURGEONS,

legal status of osteopathy and physicians practic-
ing it, 201.

necessary visits of physician to patient, 261.

does the doctor, druggist, or patient own the pre-
scription, 390.

PORTO RICO,

legal status of, 41.

PRESUMPTION,

as to receipt of draft sent by mail, 123.

of marriage in criminal cases, 321.

PRINCIPAL AND AGENT,

while contract to pay for whisky unlawfully sold
will not be enforced, the seller may recover the
proceeds of such sale collected by the agent who
made it, 103.

person who having in charge as agent the goods
of another, makes with a common carrier a con
tract to ship such goods, in which the agency is
not disclosed, may maintain an action in his own
name for breach of such contract, 164, 230.
proper parties plaintiff in actions on contract as
between an agent and an undisclosed principal,
232.

parties plaintiff in actions ex contractu or ex delicto
against common carriers for injury or loss of
goods in transportation, as between an assignor
and assignee, 233.

PRINCIPAL AND AGENT-Continued.
where an owner employed a broker to exchange
property for any other suitable property," and
such broker produced a party with whom the
owner contracted to exchange for property which
he accepted as suitable, but such exchange was
never made because of a defect in the customer's
title, the broker is entitled to bis commission,
provided he was ignorant of the defect in title,
440.

PRINCIPAL AND SURETY,

liability on official bond for acts done by public
officers "colore oficii," 102.

PRIVACY,

the right of, by advertising photograph, 380.
PROCESS,

validity of judgments rendered in a foreign State
without personal service of summons, 265.

PUBLIC LAND,

Spanish land grants and private land claims, 212.
RAILROAD COMPANIES,

liability of, for negligence of a physician called to
attend one injured, causing further injury, 43.
the acceptance of benefits from railroad em-
ployees relief associations as a defense to action.
able negligence resulting in personal injuries or
death, 143.

introductory, 143.

not contrary to public policy, 145.

do not conflict with employer's liability legis
lation, 146.

mutuality-privity and consideration, 149.
pleading and practice, 150.

standard time, 234.

reasonableness of rule of street railway company
requiring separate accommodations for white
and colored passengers, 300.

rights and liabilities of, in surface water, 366.
RECEIVER,

receiver of insolvent corporation occupies such a
relation that, for the protection of the corpora
tion and its creditors, he may appear in court
and move to reopen judgments obtained against
it by fraud and collusion, 3.

RELEASE,

by mortgagor to mortgagee, 401.

RES JUDICATA,

the doctrine of, 24.

RHODE ISLAND,

validity of statute of, against trading stamps, 1.
RUSSELL, LORD,`

methods of, 309.

resolutions on the death of, 340.

SALE,

evidence of meaning of the term "dry goods" in
written contract of sale, 3.

real estate options, 84.

former requisites, 85.

consideration, 85.

time, 85.

withdrawal of options, 86.

remedies, 86.

options to real estate brokers, 86.

recovery by a principal from an agent of the pro-
ceeds of an unlawful sale, 103.

contract of sale reserving the legal title to the
property in the vendor until the price is paid is
valid, 248.

vendor who retains the legal title to property sold
until payment of the purchase price with the
right to take possession on default in payment,
cannot sue the vendee for a balance of the price
after asserting the right to disaffirm the contract
by taking possession of the property, 248.
rights of vendor of chattels conditionally sold, 250.
what law governs in a contract for conditional sale
of personal property made in one State and prop-
erty delivered in another, 287.