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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
-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.
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.
TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING ARTICLES, ANNOTATED CASES, LEGAL NEWS, CORRE-
SPONDENCE AND BOO K REVIEWS IN VOL. 93.
A separate subject-index for the "Digest of Current Opinions" will be found on page 457, following this Index-Digest.
BAR ASSOCIATIONS,
how the English chased chaser. 165.
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.
FINDING LOST GOODS,
ownership of buried treasure, 249.
are seats attached to grand stands fixtures. 227.
contracting against fraud, 399.
FREE SPEECH,
free speech and laws in derogation thereof, 348.
investment, speculation and gambling on the fluctuations of the market prices of stocks and other commodities, 221.
admissibility of evidence as to rate of speed other than at place and time of accident, 409.
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.
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.
prohibition against Indian official's interest in trade with Indians, 112.
INHERITANCE TAXATION,
federal estate tax takes precedence over state inheritance tax, 23.
injunctions to prevent a breach of a law to which a penalty is attached, 203.
liability of innkeeper for invasion of guest's right of privacy, 156.
INSANE PERSONS,
test for mental incapacity, 401.
reference to "sympathy for defendant" in judge's instructions, 329.
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.
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.
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.
locating a mining claim across strike does not defeat extra lateral rights, 96.
extra lateral right of mining claimants, 195.
see MUNICIPAL CORPORATIONS.
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.
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.
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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