TO ALL THE "DIGESTS OF CURRENT OPINIONS" IN VOL. 93.
This subject-index contains a reference under its appropriate head to every digest of cur- rent opinions which has appeared in the volume. The references, of course, are to the pages apon which the digest may be found. There are no cross-references, but each digest is in- dexed herein under that head for which it would most naturally occur to a searcher to look. It will be understood that the page to which reference, by number, is made, may contain more than one case on the subject under examination, and therefore the entire page in each instance will necessarily have to be scanned in order to make effective and thorough search.
Attorney and Client-Authority of Attorney, 53, 359, 449: Attorney's Lien, 161 449; Compen- sation, 35: Compromise of Judgment, 233; Compromise with Client, 35; Confidential Re- lations, 35; Constructive Contract, 143; Con- tingent Fee, 71; Disbarment, 89, 107, 161; Disrespectful Motion Papers. 143; Inexperi- ence of Attorney, 143; Interest on Claim, 107; Knowledge of Attorney, 53; Payment of Money Awarded, 197; Right of Associate At- torneys, 107; Unpatriotic Conduct, 53; Value of Services, 449.
Auctions and Auctioneers-Caveat Emptor, 341.
Automobiles-Collision, 395; Duty of Driver. 413; Duty to Guest, 359; Negligence of Driver, 413; Use by Son, 431.
Bailment Admissibility of Evidence, 161; Burg- lary, 143; Return Shipment, 143.
Bankruptcy-Action by Creditor, 53; Assignment to Trustee, 179; Attachment Lien, 251; At- torney's Fee, 89; Building on Bankrupt's Land, 125; Chattels, 287; Chattel Mortgage, 89, 251; Civil Contempt. 305; Composition, 215, 413; Contest of Claim, 215; Contribu- tion. 395; Devise in Trust, 161; Discharge, 161, 197: Discretion of Court, 143; Exemp- tions, 431; Exemption from Arrest, 197; False Pretenses. 71, 125; False Property Statement, 179; Farming. 53; Form of Pleading, 413; Insurance Benefit, 125; Insurance Policies, 287; Judgment of Referee, 233; Jurisdiction, 251, 287; Landlord's Lien, 215; Misappropriat- ing Proceeds, 197; Mistake. 305; Mortgaged Property, 161, 233; Motion to Intervene, 449; Operation of Bankruptcy Suit, 71; Partner- ship, 449; Payment of Check, 287; Personal Property 269; Petition to Revise, 17; Powers of Liquidators, 179; Powers of Trustee, 161; Preference, 107, 125 233; Preferential Pay- ments, 161; Principal Place of Business, 197; Priority of Payment 449; Set-Off of Deposit, 269; Stay of Proceedings, 251; Stockholders' Liability, 251; Surrender Value of Insurance Policy, 71; Taxes, 449; Unauthorized Note, 431; Unincorporated Association, 449; Unre- corded Assignment, 215; Validity of Sale, 215: Voluntary Bankruptcy, 107, 215, 359, 449; Widow of Partner, 233.
Banks and Banking-Accumulating Checks, 125; Act of President. 215; Application of De- posit, 107; Authority of Cashier, 161; Bank as Agent, 89; Bill of Lading, 143; Cable Transfer, 179; Certified Check, 161; "Check, Draft or Order," 323; Corporate Existence, 287; Credit for Check, 161; Degree of Care, 125 Deposit Slip. 89; Dishonor of Check, 323; Dishonor of Draft, 305; Draft, 341; Duty of Commissioner, 53; Exchange Value. 215; Failure to Pay Assessment, 89: Fiduciary Relation, 179; Forgery, 17, 89, 125, 197, 287, 305; Identification, 107; Insolvency, 359; In- tra Vires 323; Joint Deposit, 53, 287; Knowl- edge of Account, 143; Liability of Directors, 377, 431; Liability of Express Company, 413: Liability of Shareholders, 251; Liability for Note 359: Lien on Deposit, 71, 233; Note of Another Bank, 197; Notice. 323; Notice of Fraud, 126; Overloan not Void, 215; Owner- ship of Draft, 107; Powers of Officers. 323; President's Draft, 35; Receiver of National Bank is Officer of United States, 359; Re- ceivership, 126; Refusal of Draft, 359; Re- turn of Consideration, 179; Set-Off of De- posit, 269; Special Deposit 341; Status Apart from State, 17; Stock Purchases, 323; Stock- holder's Liability, 287; Telegram as Check, 89: Title to Funds, 251; Ultra Vires Contract, 413.
Bills and Notes-Admissibility of Evidence. 395; Assignment, 179; Attorney's Fee. 17, 143, 179, 323: Bona Fide Holder, 35, 359; Conditional Promise. 89: Contingency, 233; Corporate Note, 17: Definite Time, 395; Disputed Claim, 215; Duress, 305; Estoppel, 107: Failure of Consideration, 53; Failure to Present, 377; Foreign Corporation. 126; Gambling Debt, 197, 269; Good Faith. 71; Holder for Value, 179; Holder in Due Course, 179, 215, 287, 305,
395, 413; Indorsement "For Collection," 251; Insanity of Maker, 35; Interest 197, 251; Lack of Maturity Date, 143; Liability of Ac- ceptor, 71; Liability of Indorser, 89, 449; Memorandum, 251; Misrepresentation, 431; Negligence of Bank. 197; Notice of Defect, 305; Negotiability, 161; Ownership, 359; Pay- ment for Stock, 341; Place of Signature, 71; Proper Signature, 359; Purchaser Before Ma- turity, 17; Purpose of Signature, 251; Re- newal 269, 305, 359; Set-Off, 269; Stipulation, 53; Substitution, 395; Terms of Contract, 35; Transfer, 53, 71. 89 126; Uncertainty, 377; Valid Consideration, 377.
Carriers of Goods-Bailee for Hire, 126; Bill of Lading, 323. 359; Care of Explosives, 144; Cartman a "Common Carrier" 377; Conver- sion of Shipment, 54: Damage in Transit, 126, 144, 161: Delay. 35. 341. 395; Delivery. 126, 197, 323 432: Discrimination, 341; Duty to Accept. 395; Freight Charges. 269; Good- Faith Delivery, 233: Joint Rates, 432; Law- ful Rate 107, 126; Liability of Initial Car- rier 395: Limitation of Liability. 395; Meas- ure of Damages, 71; Measure of Recovery, 216: Notice of Arrival. 341; Overcharge, 323; Owner's Risk. 180: Place of Bringing Suit, 269: Proof of Weight, 180; Rates. 252: Switching Service, 161: Transfer of Bill of Lading, 126; Voluntary Reduction of Rate, 287.
Carriers of Live Stock-Act of God. 162: Delay. 90: Element of Damage. 35; "Inherent Vice." 359; Negligence, 413; Suitable Cars, 54.
Carriers of Passengers-Act of Passenger, 216; Alighting 233, 287, 341: Arrest. 233; Assault, 162. 233: Attendant of Live Stock. 35; Con- tributory Negligence, 432; Defective Door, 359: Degree of Care. 71: Due Care. 432; Ejectment. 126; Injury Caused by Derailment, 341: Liability of Carrier, 306: Loss of Bag- gage. 17, 180; Negligence, 35. 71 144, 162, 197. 216, 233, 269. 306. 341: Ordinary Care, 287: Proximate Cause of Death. 54; Pullman Conductor not Passenger. 17: Rates, 17. 71. 323: Res Insa Loquitur, 17; Separate Coach Law. 126: Starting Car, 216: Ticket not Con- tract, 126.
Champerty and Maintenance-Quantum Meruit, 36; Void Contract, 413.
Charities-Gift to Town. 396: Power of Legis- lature, 126; Testamentary Trust, 197.
Chattel Mortgages-Annulment of Sale, 17; Con- ditional Sale, 269, 396; Conversion, 144; De- scription, 269; Foreclosure, 377; Foreign, 270.
Commerce "Foreign," 252; Imports. 413; Inter- state. 90. 144, 180, 197, 216, 252, 270, 414; Interstate Telegram, 233; Liquor Transpor- tation, 18: Money not "Article of Commerce," 126: Order of Interstate Commerce Commis- sion. 396; Posting on Billboards, 72: "Prop- erty Taxes," 90; Rate Regulation. 233; Safe- ty Appliance, 270; State Laws, 306; Taxation of Intangible Property, 72.
Conspiracy-Evidence, 126; Plan by Unions, 107; Trade with Indians, 198.
Constitutional Law-Anarchistic Doctrines. 90; Authority of City, 36; Authority Over Cable Landings, 180; Ball Rent Law, 360; City Or- dinance, 432; Contractor's Bond. 198; Denial of Admission to Bar, 90; Disloyal Utter- ances, 360: Distribution of Income Tax. 180; Divorce, 162, 414: Due Process, 54, 107, 288. 341, 450; Equal Protection 288; Escheat of Bank Deposits, 270, 324; Federal and State Laws, 288; Fixing Wages, 107; Freedom of the Press, 90; Garnishment 36; Habeas Cor- pus, 126: Impairment of Contract, 54, 377: Investigation of Strikes, 396: License Tax on Dogs, 198; Meaning and Effect of Con- stitution 360: Mixed Marriages, 432; Motive of Legislature, 306; Non-Payment of Debt, 324; "Obligation of a Contract," 342; Opera- tion on Prisoner, 126; Periods of Limitation. 36: Police Power, 342; Public Lands. 36: Rati- fication, 144; Regulation of Barbering, 108; Regulation of Rates, 126; Religious Corpora- tion. 127: Revocation of License. 108; Right of Appeal, 396; Right of Assembly, 432; Road Improvement. 180: State Insurance, 288; Vir- gin Islands. 306; Women as Jurors, 324.
Contracts-Breach of, 414, 432; Compliance with, 180: "Cost of Completion" Defined, 90; Build- ing Repairs, 252; Divisible, 252; Effects of World War, 72; Entirety, 216; Good Will, 270; Impossibility of Performance, 198; In- suring Property in Storage, 36; Mutuality. 90. 127, 396, 414; Mutual Agreement. 450; Partial Breach 72; Pawnbroker. 18; Public Policy 72, 450; Specific Performance, 414; Substantial Performance, 216; Test of Water Well, 18; Verbal Agreement, 377.
Corporations-Adverse Claim, 234; Assets, 216; Assignment of Contract, 162; Authority of Employe, 144; Cancellation of Stock, 72; Cer- tificate to do Business, 18; Change of Venue, 127; Compensation of Directors. 288; Com- pensation for Serving Public, 90; Considera- tion for Stock, 90: Corporate Seal. 396; De Facto, 72: Doing Business Within State, 198. 270, 342; Double Agency, 306; Excessive Sal- aries, 216; Exchange of Stock 162; Fore- closure, 414; Foreign Corporation. 144, 377, 414: Fraudulent Judgment 270; Illegal Con- tract 127: Insolvency. 414; Interstate Busi- ness, 414: Intrastate Transaction, 162; Issu- ance of Stock, 216, 306; "Laches." 180; Lease. 324; Laches of Stockholders, 90; Liability of Stockholders, 54; Libel by Controlled Com- pany 72: Payment of Dividends, 234: Place of Meetings, 360; Power of President, 342; Profit on Resale of Bonds, 288; Promoter's Contract, 144; Provision of Charter. 18; Pro- visions of Statutes 377: Public Utility, 234; Purchase of Own Stock, 324, 450; Ratifica- tion. 377: Receivership, 342; Rescission of Contract, 18; Sale of Stock. 342; Stock Trans- fers, 360; Tort of Former Partnership, 144; "Transacting Business," 234; Ultra Vires, 360: Valid Obligations. 18; Void Deed, 216; Withdrawal of Majority, 36; Worthless Stock, 198.
Costs-Attorney's Fee, 234.
Counties-Road Bond Issue, 18.
Innkeepers-Entry of Guest's Room, 397; Neg- ligence, 234, 432.
Insurance-Accidental Death, 108; "Accidental Means," 162, 378; Accidental Poisoning, 307; Addition to Building, 55; Aeronautics, 378; "Arrears," 288; Assessment Contract, 343; Assignment of Policy, 108; Authority to Ac- quire Building, Breach of Warranty, 217; Burden of Proof, 234; Beneficiaries, 271; 108, 145, 288; By-Laws, 288, 324; Cancellation, 181, 414; Cause of Injury, 55; Change of Beneficiary, 432; Change of Occupation, 145, 162; Class of Employment, 127, 324; Colli- sion, 397; "Combat," 181; Compliance with Provisions, 36; Conditions in Policy, 181; "Confined to Bed," 73; Construction of By- Law, 271; Construction of Contract, 91; Con- summation of Contract, 325; Crops, 450; De- fault of Mortgagee, 18; Default on Note, 343; Delay in Action, 217; Delivery of Policy, 73; "Dependent," 127; Deposit of Premiums, 108; Disability, 397; Dispute, 163; Effect of Rider, 271; Eligibility, 36; "Enlisted Man." 325; Examination After Loss, 217; Excess Pre- mium, 252; Failure to Designate Beneficiary, 109; False Statement, 108, 217; Felonious Taking 397; Forfeiture, Fraudulent 217; Fraud, 91; Health, 198; Hazardous Employment, 307; Representations, 145; Good Hospital Treatment, 325; "Immediate No- tice," 450; Increase of Assessments 109; In- sanity, 252; Insurable Interest, 91, 109. 127, 325, 414; Lapse of Policy, 271; Law of State of Delivery, 109; Liability of Insurer, 252; Liability of Medical Examiner, 163; Liability for Payment by Insured, 18; Loss of 325; Loss Through Hail, 217; Military Serv- ice, 127, 145, 198, 217, 360, 414; Misrepresenta- tion, 127, 360; Misstatement of Age, 127; Mutual Mistake, 73; Note in Payment of Premium, 234; Option. Benefits, 288; Payment of First Premium, 432; Payments of 360; Policy Against Theft, 271: Proof of Disability, 325; Proof of Loss. 252, 343, 450; Provisions of Policy, 235; Proximate Cause of Injury, 181; Raise of Rates, 198; Removal of Goods, 288; Renewal, 55; Repairs, 450; Representations, 325, 378; Specific Goods, 307; Statutory Provisions, 378; Subrogation. 145, 325; Suicide Clause, 289; Surety Bonds, 432; Time Limit, 19; "Vessel Hazard," 199; Vex- atious Refusal, 55; Violent Death, 127; "Vol- untary Exposure," 235; Waiver of Limitation, 289.
Insurrection and Sedition-Martial Law, 450.
Intoxicating Liquors-Accomplice, 181: Admis-
sibility of Evidence, 73, 181, 415; Alaska Bone Dry Law, 163; Apparatus for Making, 325; "Concurrent Power," 91; Contradictory Evidence, 109; Description, 127; Eighteenth Amendment, 307; Excess Tax, 181; Flavoring Extracts, 235; Inference, 289; Insufficient Bill, 19; Intent, 378, 433; Interstate Com- merce, 361; Jamaica Ginger, 199; Liability for Wife's Acts, 451; License Fee, 252; Penal Ordinance, 343; Possession, 163; sion," 289; Possession of Equipment, 217; "Posses- Possession for Unlawful Purpose, 73; Prep- aration for Household Use, 199; Prima Facie Case, 163; Prima Facie Evidence, 378; Search of Residence, 199; Search Warrant, 55; Seiz- ure of Automobile, 55; State Laws, 19, 73, 127, 163. 235, 289, 307; Substantial Evidence, 433; Sufficiency of Proof, 378, 451; Sufficient In- dictment, 145; Tax, 433; Transfer of License, 415; Unlawful Intent. 91; Unlawful Search and Seizure, 19, 36; Use of Automobile, 181, 217, 235. 253, 343, 415; Use of Property, 432; Validity of Ordinance, 451; "Violation of Law," 361; Volstead Act, 181; Warrant to Police Officer, 37.
Joint Adventures-Division of Profits, 415.
Landlord and Tenant-Agreed Service, 73; Alter- ing and Sub-letting, 271; "Apartment House," 199; Assignment of Lease, 127, 217; Breach of Contract, 37, 235; Construction of Lease, 361; Counterclaim, 271; Crops, 73, 378; Dam-
age by Tenant 199; Description of Property, 415; Forcible Entry, 217; Holding Over, 55; Housing Laws, 271; Injury to Lessee, 289; Insufficient Rent, 181; Landlord's Lien, 163; Lease, 217; Legality of Bond, 199; Lessee's Rights, 37; Liability for Rent, 451; Lien on Crops, 73; Measure of Damages, 235; Notice, 73; Notice to Renew Lease, 199; Nuisance, 235; Option to Purchase, 91, 361; Portion of Premises, 19; Provisions of Lease, 289; Rati- fication of Contract, 73; Reasonable Rent, 73, 163; Remodeling, 235; Renewal of Lease, 145, 415; Rent Regulation, 109; Repairs, 127, 307; Requirement of Lease Waived, 378; Right of Action, 55; Safety of Premises, 91; "Structural Addition," 289; Summary Pro- ceeding, 19, 163; Tenancy at Will, 451; Term of Years, 55; Termination of Lease, 181; Title to Land, 217; Unlawful Use, 271; Unreason- able Rent, 181, 289, 361.
Libel and Slander-Actionable per se, 163; Coun- terclaims, 73; "Libelous per se," 109, 397; Privileged Communication, 343; Publication, 235.
Licenses-Fees Not Tax, 325; "Manufacturer," 109; Peddlers, 145; Power of Municipality, 307; Presumed Reasonable, 451; Share of Unincorporated Association, 73; Tax Not Recoverable, 163; Transient Merchant, 217.
Life Estates-Cutting Timber, 37; Savings De- posit, 235; Tax Sale, 378; Use of Land, 433. Limitation of Actions-Claims for Extras, 397; Statute Construed, 343.
Lis Pendens-Cancellation, 415.
Literary Property-Same as Other Personalty, 73.
Logs and Logging-Entire Contract, 199. Malicious Mischief-Depositing of Dead Animals, 145.
Mandamus-Conformance with Contract, 361; Election Contest, 433; Highway Commission- ers, 271; Officers' Salaries, 128; Public Funds, 415; Restoration to Office, 128.
Maritime Liens-Repairs, 55; Supplies Furnished to Owner, 55.
Master and Servant-Admissibility of Evidence, 235, 397; Amount of Compensation, 19; Ar- bitration Stipulation, 163; Arising Out of Employment, 253, 343, 415; Assault by Em- ployee, 55, 253; Assault by Foreman, 109; Assumption of Risk, 37, 55, 74, 91, 397, 433; Authority of Employee, 289; Basis of Com- pensation, 91; Bonus, 19; Burden of Proof, 217; Casual Employment, 145, 307, 397; Com- pensation Act, 451; Compensation to State, 37; Compliance with Statute, 397; Conclu- sive Settlement, 145; Contributory Negli- gence, 19, 74, 217; Corporate Officer, 55; Course of Employment, 19, 55, 74, 91, 145, 163, 217, 235, 253, 271, 325, 378; Death from Cerebral Hemorrhage, 145; Death from Dis- ease, 307; Defect in Car, 271; Defective Coup- ling, 37; Dependent, 235, 253; Disposition of Award, 109; Duty to Servant, 361; Electric Shock, 289; "Employee," 271, 343; "Em- ployee" and "Independent Contractor" Dis- tinguished, 91; Employee of Interstate Car- rier, 307; Employees of Stockbroker. 325; Employers' Liabality Act, 397; Ensuing Dis- ease, 289; Enticing Servant, 199; Fellow Servant, 289; Fire Clay Works a "Mine." 361; Fireman not Employee, 235; Foreman as Alter Ego, 325; Hazardous Employment, 19, 199, 253, 343; Hours of Service, 451; In- dependent Contractors, ployee, 199, 379; Injury in Parade, 19; In- 253; Infant Em- juries Occurring Without State, 253; Inter- state Commerce, 19, 128, 307, 361, 379; Inter- state Service, 325; Loan of Servant, 361;
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