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affairs and use reasonable mean's to prevent
violation of law. People V. Sybisloo, Mich.,
184 N. W. 410.

31. Sufficiency of Proof.-In a proceding
to condemn an automobile used in transport-
ing prohibited liquors, where the user's wife
claimed the car, evidence that the husband
contributed part of the cash payment, paid for
all repairs, generally used the car as his own.
claimed it as his at the time of the seizure,
and, when the seller refused to sell to claim-
ant executed the purchase-money note, held
sufficient to show that the car was his, though
claimant furnished the remainder of the pur-
chase price from money earned from boarders
and money borrowed by her.-Stutts v. State,
Ala, 89 So. 603.

32. Validity of Ordinance.-A liquor ordi-
nance is not invalid merely because it pre-
scribes a less severe penalty than is prescribed
by the Volstead Act for similar offenses.-Ex
parte Kinney, Cal.. 200 Pac. 966.

33. Landlord and Tenant-Liability for Rent.
-Where one is in the possession of real estate
without special contract, he is liable for rent
to the owner or person entitled to possession,
and such owner or person entitled to posses-
sion may enforce his claim for rent by attach-
ment as provided for by 8 3809. Rev. Laws 1910.
-McBrayer v. Miller. Okla., 200 Pac. 988.

34. Tenancy at Will.-If a lease for "about
a month" be treated as for an indefinite period
creating a tenancy at will, it was such by im-
plication. subject to the common-law rule re-
quiring reasonable notice to terminate, and not
within Code 1907, § 4732 requiring 10 days'
notice to terminate an express tenancy at will:
but, being in fact definite, meaning approxi-
mately a calendar month, a holding over creat-
ed tenancy at sufferance requiring no notice
for termination, so that in either event it was
error to exclude lessor's demand for possession
preliminary to suit for detainer-Rutledge v.
White, Ala.. 89 So. 599.

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of

35. Licenses-Presumed Reasonable.-A li-
cense ordinance, enacted within the police
power
a city, is not invalid though
slight mistake is made in calculating
the cost of administration, and the fee
is fixed too high if the surplus fund
after the payment of all reasonable
charges, is not so great as to manifest a pur-
pose on the part of the legislative body to
make the ordinance a revenue-producing meas-
ure. City of Mayfield v. Carter Hardware Co.,
Ky.. 233 S. W. 789.

36. Master and Servant-Compensation Act.
-Under Workmen's Compensation Act, author-
izing the employer to enforce the liability of
a third person causing injury to an employee,
and providing that, if the damages recovered
exceed compensation paid, such excess must be
paid to the employee, the employer's recovery
against the wrongdoer is not limited to the
amount of compensation paid.-Bethlehem Steel
Co. v. Variety Iron & Steel Co., Md., 115 Atl.
59.

37.- -Hours of Service.-A railway telegraph
operator, who was paid for about 12 hours'
service out of 24-hour periods, but was in ac-
tual service only 5 or 6 hours, being released
for periods of from 1 to 2 hours from time to
time by the train dispatcher, held not "on
duty" for a longer period than 9 hours, in
violation of Hours of Service Act March 4, 1907,
2.-United States v. New York, N. H. & H.
R. Co., U. S. C. C. A., 274 Fed. 321.

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42.- -Safety Zone.-In action for injuries
to prospective street car passenger struck by
defendant's automobile truck passing within
six feet from running board of street car in
violation of city ordinance. the question
whether the pedestrian, whose view of street
was obstructed by automobile parked along
curb where car stopped, was negligent held
for the jury.-Metcalf v. Peerless Laundry &
Dye Co., Mich., 184 N. W. 482.

43. -Unauthorized Contract.-Not liable for
electric current used under contract with cor-
poration of which officials were stockholders.
-City of Hogansville v. Planters' Bank., Ga.,
108 S. E. 480.
44.

Nuisance-Garage.-The

construction of

a garage building and the operation of a ga-
rage business therein on street on which there
was heavy traffic, such as street cars, freight
cars, and trains. with automobiles and trucks,
with the noise and odors incident to such traf-
fic and on which the property was more val-
uable for business than for residential
poses, will not be enjoined as
a nuisance.
Lansing v. Perry, Mich., 184 N. W. 473.

pur-

45. Principal and Agent-General Agent.-
Where one executes a promissory note or a bill
of exchange in his own name, with a descrip-
tive suffix. such as "general agent," attached
to his signature, and where it does not ap-
pear on the face of the instrument that he is
acting for or in behalf of any one as principal,
the instrument is presumably his individual
obligation. and before any one can be held
liable thereon as principal it must affirma-
tively appear that at the time of the execution
of the instrument it was the intention of the
parties to bind a particular person as princi-
pal and that the maker, in executing the in-
strument. had authority to act as agent for,
and to bind such person as, the principal.-
Atlas Assur. Co.. Limited, of London England

v. First Nat. Bank.. Ga., 108 S. E. 474.

46. Sales- - Misrepresentation. A corpora-
tion, purchasing scrap iron in reliance on the
seller's representation that it was cast iron,
which. on discovering the iron delivered was
chilled iron and unsuited for the purposes for
which it was purchased, stored it where it
would be protected and notified the seller it
was subject to its order is not liable for the
contract price.-Cameron Compress Co. V.
Texas Bag Corporation. Tex.. 233 S. W. 781.
47.
Searches and Seizures-Owner's Consent.
-That search warrant was not properly issued
is immaterial if owner of searched house con-
sented to the search.-Bruner
V. Common-
wealth. Kv., 233 S. W. 795.

48. States-Public Welfare.-The object of
Laws 1920. c. 872, § 5 providing for issuance
of bonds by state for a bonus to persons who
served in the military or naval service of the
Tnited States is public and for the public wel-
a bonus being an incitement to patriot-
ism and an encouragement to defend the coun-
in future conflicts-People v. Westchester
County Nat. Bank. N. Y., 132 N. E. 241.

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38. Malpractice of Physician.-To render
employer liable
fare
under Compensation Act for
malpractice of physician, the injury must
sult from the necessary efforts to relieve from
the consequences of the original injury received
during emplovment.-Wood v. Vroman., Mich.,
184 N. W. 520.

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49. Street Railroads-Collision. -Where a
driver, whose wagon was struck when he at-
tempted to cross ahead of a street car at a
street intersection. saw the approach of the
car when it was 80 feet away, the motorman
was not required to give a signal of the ap-
proach of his car-Mayer v. Louisville Ry. Co.,
Ky. 233 S. W. 785.

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and jurisdiction of Public Service Commission
to make an order concerning rates of a gas and
electric company, from which certiorari would
lie, under Code Civ. Proc. § 1279, relating to
submission of controversies, notwithstanding
stipulations of the parties.-City of Rochester
v. Rochester Gas & E. Corp., N. Y., 190 N. Y.
S. 229.

51.

Taxation-Alien Poll Tax Law. The
Alien Poll Tax Law of 1921, imposing a poll
tax on alien inhabitants without requiring such
tax to be paid by similarly situated citizens of
the United States, held violative of Const. U.
S. Amend. 14, § 1.-Ex Parte Kotta, Cal., 200
Pac. 957.

52.- -Foreign Corporation.-New York Tax
Law §§ 208 and 2191 providing that a foreign
corporation for the privilege of doing business
in the state shall pay a tax of 3 per cent on
its local income, to be determined by a consid-
eration of the relative value of its entire prop-
erty and accounts receivable and of its prop-
erty and accounts receivable in the state, but
which authorizes the corporation to present,
and the assessing commission to consider, other
relevant facts, held to provide a rule of allo-
cation prima facie valid, and not unconstitu-
tional as taking property without que pro-
cess. Gorham Mfg. Co. v. Travis, U. S. D. C.,
274 Fed. 975.

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54. War-Seditious Utterances-The indict-
for aiding and abetting in an attempt to cause
insubordination, disloyalty, and refusal of duty
in the military forces of the nations when it
was at war, the conduct of the principal being
set out, need not allege the means employed by
the abettor or the particulars of his incite-
ment, aid, or assistance, but it is enough to
charge, in general terms, that he knowingly
aided and abetted the principal and induced
and procured him to commit the principal of-
fense. Matthey v. United States, U. S. C. C. A.,
274 Fed. 926.

55. Waters and Water Courses-Boundary.-
Where the patent referred to the official survey
which showed a meander line as the shore of the
lake, but it appeared that the lake shore varied
from the calls for the line so that the fraction-
al subdivisions conveyed by the patent, if ex-
tended to the lake shore, exceeded by 50 per
cent and 20 per cent respectively, the acreage
stated, and the intervening land was inter-
sected with ravines sometimes filled with wa-
ter, and was of little value until oil was dis-
covered thereon, the shore of the lake, and
not the meander line, was the boundary of the
tract conveyed by the patent. Greene V.
United States, U. S. C. C. A., 274 Fed. 145.

Act,

56. Rates.-Despite the Home Rule
the city of New York has no right to bring
action against a water supply company, whose
water it does not use, to restrain it from put-
ting into effect an increase of rates; the inter-
est referred to in the Home Rule Act being
no such interest as is contemplated by Code
Civ. Proc. § 452. City of New York v. Citizen's
Water Supply Co., N. Y., 189 N. Y. S. 929.

57. Wills-"Children."-The word children
in a will, does not include grandchildren, and
the word "grandchildren" does not include
great-grandchildren, unless the will discloses
a contrary intention.-Davidson V. Blackwell,
Ga., 108 S. E. 469.

58.- -Intent.-Where a will states testator's
"desire" to leave all moneys and property to his
wife, it is sufficient. In re Golicki's will, N.
Y., 190 N. N. S. 266.

59.-

-Joint Will.-Survivor of joint testators
by accepting benefits under the will was bound
by its disposition of their community estate,
and could not convey or otherwise dispose of
any thereof contrary to provisions of the will.
-Heller v. Heller, Tex., 233 S. W. 870.

60. Remainder.-Where testator gave his
wife and surviving children equal shares of his
estate in remaining after remarriage or death
of the wife, with direction that daughters'
shares be held in trust during their lives, and
after their death paid over to their children,
who are heirs at law, with no provision for
the case of a daughter dying childless, where
a daughter dies without children, the prior and
absolute gift to such daughter in case she
survives the remarriage or death of the wife
will take effect, and the corpus of her share
will pass to her heirs, executors, administra-
tors, and assigns, and therefore she has the
right to alien or assign such share.-Perin v.
Perin, Md.. 115 Atl. 51.

61.- -Undue Influence.-A will leaving only
$100 to wife was not of itself sufficient evi-
dence of undue influence.-In re Wall's Estate,
Cal., 200 Pac. 929.

62.

Witnesses-Reference to Books.-In ac-
tion for price of barrels, witness who had copied
into a book the number of barrels delivered to
customers, with names of customers to whom
delivered, from entry of the number of barrels
delivered and customer to whom delivered,
made by an employe on a calendar sheet which
had been lost at time of trial, was properly
permitted to testify as to the entries she found
on such calendar sheets after refreshing her
memory by reference to the copy made.-Cor-
bin v. Staton, Md., 115 Atl. 23.

63. Work and Labor-Implied Contract.-In
an action on implied contract to recover from
defendant for constructing curbing in front of
her lots, as ordered by the village authorities,
the fact that after the work was done, and
while measurements and frontages were being
taken by the village clerk, he requested de-
fendant to exhibit her deed, which she did after
stipulating it was without prejudice to herself,
constituted no acquiescence on her part, and
did not bind her.-Peters v. Adams, N. Y., 190
N. Y. S. 220.

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INDEX-DIGEST

TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING
ARTICLES, ANNOTATED CASES, LEGAL NEWS, CORRE-

SPONDENCE AND BOO K REVIEWS IN VOL. 93.

Iren

A separate subject-index for the "Digest of Current Opinions" will be found on page 457,
following this Index-Digest.

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BAR ASSOCIATIONS,

how the English chased
chaser. 165.

the ambulance

how the Chicago Bar Association walloped
the spoilsmen-is this enough, 312?
bar association meetings-when and where
to be held, 285. 340, 392.

program of the meeting of the American Bar
Association. 31.

supplementary announcement of the Amer-
ican Bar Association, 51.

program of the meeting of the South Dakota
Bar Association, 70.

program of meeting of the Kansas Bar Asso-
ciation, 340, 357.

program of the meeting of the Oklahoma
Bar Association, 430.

program of the meeting of the Vermont Bar
Association, 430.

report of the 1921 meeting of the American
Bar Association, 206.

report of the meeting of the Iowa Bar Asso-
ciation, 86.

report of the meeting of the North Carolina
Bar Association, 105.

the recent meeting of the Wisconsin Bar
Association, 141.

report of the meeting of the North Dakota
Bar Association, 195.

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FINDING LOST GOODS,

ownership of buried treasure, 249.

FIXTURES

are seats attached to grand stands fixtures.
227.

FRAUD.

contracting against fraud, 399.

FREE SPEECH,

free speech and laws in derogation thereof,
348.

GAMING,

investment, speculation and gambling on
the fluctuations of the market prices of
stocks and other commodities, 221.

HIGHWAYS.

admissibility of evidence as to rate of speed
other than at place and time of accident,
409.

HOMICIDE,

failure to retreat not categorical proof of
guilt, 24.

HUMOR OF THE LAW,

16. 34, 52, 70 88, 106, 124, 142, 160, 178, 196,
214, 232, 250, 268, 286. 304, 322, 340, 358,
376, 394, 412, 430. 448.

HUSBAND AND WIFE,

right of wife to recover for loss of consor-
tium of husband, 426.

INCOME TAX,

bonus shares not subject to English super-
tax, 131.

estimating income tax on profit from sale of
corporate stock part of which was ac-
quired as a stock dividend, 383.

INDIANS,

prohibition against Indian official's interest
in trade with Indians, 112.

INHERITANCE TAXATION,

federal estate tax takes precedence over
state inheritance tax, 23.

INJUNCTIONS,

injunctions to prevent a breach of a law to
which a penalty is attached, 203.

INNKEEPERS.

liability of innkeeper for invasion of guest's
right of privacy, 156.

INSANE PERSONS,

test for mental incapacity, 401.

INSTRUCTIONS.

reference to "sympathy for defendant" in
judge's instructions, 329.

INSURANCE,

see ACCIDENT INSURANCE.
see LIABILITY INSURANCE.
automobile collision insurance 381.

INTERNATIONAL LAW,

the present state of international law, 59.
the Senate and our foreign relations, 75.
INTOXICATING LIQUORS,

law prohibiting removal of untaxed liquors
repealed by Volstead Act, 41.

can unlawfully possessed intoxicating liquor
be the subject of theft, 48?

the federal courts and liquor prosecutions, 79.
the effect of the "end of the war" on the
Volstead Act. 142.

proof required to show that vehicle used in
illegally transporting liqour was used
without owner's knowledge in order to
avoid a forfeiture, 167.

forfeiture of automobile for illegal trans-
portation of liquor, 220.

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LAW AND LAWYERS,

the Nova Scotia tercentenary, 104.
making the law a learned profession, 201.
the American bar loses both its leaders, 21.
a tribute to Mr. W. A. Blount, 51.

a tribute to Chief Justice White, 85.
Chief Justice Taft, 93.

Sir John Simon, England's representative at
the meeting of the American Bar Asso-
ciation. 123.

business methods in a lawyer's office, 185.
the legal profession in Scotland, 194.
Judge William C. Hook (verse), 212.
traditions that distinguish barrister and so-
licitor of English courts, 242.

the common law, 257.

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are welfare movements affecting the social
order, 320?

C. L. Kagey as Minister to Finland, 322.
how to get on at the bar 365.

the spirit of lawlessness, 402.

duty and responsibility of the bar in the
selection of the judiciary, 439.

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locating a mining claim across strike does
not defeat extra lateral rights, 96.

extra lateral right of mining claimants, 195.

MOBS.

see MUNICIPAL CORPORATIONS.

MORTGAGES,

is mortgagor relieved of debt where mort-
gagee released grantee who assumed the
debt, 183,

MUNICIPAL CORPORATIONS,

liability of municipality for assault by
agent, 14.

power of municipality to regulate rates nul-
lifies the power to contract concerning
rates, 78.

the recent history of the Psychopathic Lab-
oratory of the Municipal Court of Chicago,
132.

when property is stolen is it also destroyed
under statutes making municipalities lia-
ble for destruction of property by rioters,
311.
power of municipal corporation to require
indemnity bond from operator of automo-
bile for hire, 373.

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POLICE POWER.

see RATE REGULATION.

right of legislature to impose different edu-
cational qualifications for different trades
and professions, 309.

validity and construction of statute requir-
ing motorist striking a person to render
assistance, 444.

PSYCHO-ANALYSIS.

psycho-analysis in the courts, 116.

the recent history of the Psychopathic Labo-
ratory of the Municipal Court of Chicago.
132.

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PROCEDURE.

power and liberality of the court to allow
amendments, 1.

the law's delays and who is to blame, 42.
what is due process of law in procedure, 94.
uniform procedure through a federal prac-
tice act, 219.

reform of federal procedure, 267.

the undue emphasis on procedure in Amer-
ican decisions, 327.

PROFESSIONAL ETHICS,

recent decisions by the New York County
Lawyers' Association Committee on Pro-
fessional Ethics, 411.

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