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237, 648

References in heavy-faced type are to Notes and Reviews; in plain type to RECENT Cases; and in

italicized type to ARTICLES. Criticisms of articles in other publications are also indicated in the

annual periodical index which follows this index.

Compelling railroad to build side- Of contracts, see under Contracts ;

tracks.

494

Insurance.

Inheritance tax on power of appoint- Of wills, see Legacies and Devises ;

ment.

655

Wills.

Legislative regulation of gas rates. 69 CONSTRUCTIVE TRUSTS.
Necessity of hearing and notice.

See also Conflict of Laws; Quasi-

119-122

Contracts.

Regulation without compensation of Following trust property, see under

private property in the interest of Trusts.
general beauty.

40-43 Nature and limitations of doc.
Review of tax assessment by court.

trine: Effect of fraud on the de-
320, 327

fense of the statute of frauds.
Right of accused to be present at

403, 412

trial.

235 Misconduct of non-fiduciaries :

Rights under the XIV Amendment.

Bank receiving tax receipts illegally

deposited.

69

State inheritance tax on stock of sim- Effect of fraud on the defense of stat.

ultaneously incorporated two-state ute of frauds.

403, 413

corporations.

313, 335 Breach of fiduciary relation: Effect

Statutory remedies against unincor- of fraud on the statute of frauds.
porated associations. 58, 69

403, 412

Statutory indictment in adjoining Liability of innocent parties : At-

county.

404, 412 tempted reservation of easements in

Validity of statutory requirement for grants of dominant tenements. 496

maintenance of suit.

494 Liability of grantee of deed which

Trial by jury: Right to public trial.

was intended to sever an easement.

489, 495

136, 149

Personal rights : civil, political, Effect of statute of frauds : Con-

and religious: Whether infringe- structive trust based upon breach of

ment by action of individuals. 237

oral trust : analysis. 549-557

Prohibition of night work by women

Effect of fraud.

403, 412

in factories.

653

Oral trust in favor of grantor. 551-553

Restrictions on sale of whole stock by

Oral declaration of trust by grantor.

retail dealers.

579

549-557

Right of appeal by the government in Oral trust for third person who has
criminal cases.

given consideration.

555-557
Right of accused to be present at Oral trust for volunteer.

553-555

trial.

235 CONTEMPT.

Right of inmates of national sol- Bankrupt's contempt criminal in na-

diers' home to vote.

497

ture.

413

Rights of Japanese in California Privilege against self-incrimination in
schools.
337 contempt proceedings.

233
Sell-incrimination in contempt pro-

Acts and conduct constituting
ceedings.

233 contempt: Re-election after judg-
Statute separating whites and negroes ment of ouster.

316, 332
in private institutions of learning. 74 Power to punish for contempt:
Freedom of contract.

69 Discretion of court over municipal

Privileges and immunities : class corporations.

150

legislation: Legislation affecting CONTINGENT REMAINDERS.

corporations only.

634, 648 See Vested, Contingent, and Future

Prohibition of night work by women

Interests.

in factories.

653 CONTRACTS.

Rights of Japanese in California See also Admiralty; Agency; Buil-
schools.

337

ments; Bills and Notes ; Carriers ;
Stock transfer tax taxing each share.

Conditions Precedent ; Conflict of
408, 412

Laws ; Constitutional Law; Illegal
Stock transfer tax taxing by par

Contracts; Insurance; Quasi-Con-

value.

422

tracts; Rescission ; Specific Perform-

Taxation for relief of blind.

335

ance ; Telegraph and Telephone

Companies ; Theatres; Usury;

CONSTRUCTION.

Wagering Contracts.

Of constitutional provisions, see Consti- Assignment of contracts, see Conflict of

tutional Law.

Laws; Choses in Action.

219

References in heavy-faced type are to NOTES and REVIEWS ; in plain type to RECENT CASES ; and in

italicized type to ARTICLES. Criticisms of articles in other publications are also indicated in the

annual periodical index which follows this index.

Capacity of parties, see Corporations ; | CONVEYANCES AND TRANS-

Husband and Wife; Infants; In-

FERS OF PROPERTY.

sane Persons; Municipal Corpora- See Cancellation of Instruments; Cor.

tions.

porations; Deeds ; Mortgages ; Sales.

Liability for procuring breach of con-

tract, see Torts (Interference with COPYRIGHTS.
Business or Occupation).

Common law rights : Distinguished

Construction of contracts: Con-

from statutory:

143, 156

tract to perform to satisfaction of Musical composition.

327

other party,

558, 572

Divisibility of area in contract re- CORPORATIONS.
straining trade.

See also Agency ; Bankruptcy; Banks

Defenses in general: Contract by a and Banking ; Conflict of Laws ;

state not enforcible by suit against Municipal Corporations ; Negligence;

an officer.

245 Public Service Companies ; Řeceiv-

Increased risks.

649 ers; Taxation ; Transfer of Stock.

Remedy not barred by rule against Nature of corporation : Metaphysi-

perpetuities.

240 cal nature in the eye of the law. 78

Defenses: non-performance by Tentative qualification of doctrine of

plaintiff : Contract to perform to separate corporate entity. 223, 234

satisfaction of other party. 558, 572 Distinction between corporation
Dependency of mutual promises. 583 and its members : Effect on
Lack of cooperation by plaintiff. 643 stockholders of contract made by
Necessity of notice to guarantor of corporation.

223, 234
acceptance and default.

485, 503 Liability for acts of new corporation

Defenses : inability of plaintiff to formed by members of old. 413

perform : Insolvency.

66

Citizenship of corporation: Incor

Defenses: repudiation by plain- poration by two sovereignties.
tiff: Buyer's absolute promise to

313, 335

pay.

375-381

Charters : grant, construction, and

Defenses : fraud: Concealment by amendment: Limitations

plaintiff.

413 amount of property. 561, 573

Defenses : impossibility: Conceal-

Regulation of corporations construed

ment by plaintiff.

413 as amendment of charter. 634, 648

Performance prevented by plaintiff. Charters : repeal and forfeiture.

643, 649

Holding property in excess of charter

Remedies for breach of contract:

limitations.

561, 573

See also Damages.

Corporations de facto: Basis of doc-

Action ex contractu for death of wife.

trine: comparison with de facto

148

public officers. 456–458, 469

Anticipatory breach: Application Collateral attack: in general. 456–480

to insurance contracts.

Provable claim in bankruptcy.

- in eminent domain proceedings.
233

472, 473, 474
Implied subsidiary promise. 233

on ground of fraud in incorpora-
Suits by third persons not parties tion.

222, 233
to the contract: Citizen suing on

Comparison with case where existence

contract to supply city with water.

forfeited

461-463

242

Divisible contracts : Areas in con-

Dealings on the corporate basis.

475-477

tract restraining trade.

154 Doctrine remedial to the associates,

CONTRIBUTORY NEGLIGENCE.

459-461, 469-480

See also Master and Servant (Assump- Essential requisites.

464-405

tion of Risk).

Liability of associates for tort com-

In general : Assumption of risk dis- mitted by agent. 456, 472, 473, 474

tinguished.

17-18 Suit on stock subscription. 327

Persons under disability : Trespass- Sale of stock.

413, 472
ing children on highway. 332 Acquisition of membership: Lia-
Application in particular classes bility on unpaid stock subscriptions.
of cases : Contributory negligence

401, 414
of customer in leaving his property Corporate powers and their exer
in store.

491 cise: Delegation of powers of

CONVERSION.

directors to executive committee.

See Trover and Conversion.

225, 234

on

References in heavy-faced type are to Notes and REVIEWS; in plain type to RECENT Cases; and in

italicized type to ARTICLES. Criticisms of articles in other publications are also indicated in the

annual periodical index which follows this index.

Injunction by minority stockholder Liability of shareholders for stock is-

against sale of stock to another sued for overvalued property. 573

corporation.

495 Payment of salary of officer by insol-

Legacies and devises in excess of vent corporation.

492

charter limitations.

561, 573

Foreign corporations : Contract by

Account chargeable with interest on state not to discriminate.

405, 412

borrowed funds.

Implied consent to service upon state

Directors and other officers: Bill official.

572

by receiver against delinquent direc- Incorporation by two states : taxation.

tors.

70

313, 335

Circulars and proxy forms charged to Liability of foreign corporation to in-

corporation.

328, 572

come tax.

234

Criminal responsibility for ultra vires Regulation construed as a condition

application of funds.

148 upon right to do business. 634, 648

Power to appoint executive com-

Taxable situs of tangible personal

mittees.

225, 234

property.

138, 155

Stockholders : rights incident to COUNTERCLAIM.
membership: Contract limiting

See also Set-Off and Counterclaim.

number of shares to be held by Counterclaim as waiving objection to

each.

328

jurisdiction.

501

Distribution of dividends between life

tenant and remainderman.

147

COURTS.

Individual liability of transferor of

See also Appeal and Error ; Consti-

stock of insolvent bank.

70

tutional Law; Contempt; Federal

Liability on unpaid stock subscrip- Courts; Jury; Law and Fact; New

tions.

401, 414

Trial ; Trials.

Pre-emption.

398, 414

Jurisdiction of court by estoppel.

Rights of minority to restrain sale of

150, 237

stock made to create a monopoly.

Plea that court not legally organized.

495

Right of one who has advanced money COVENANTS RUNNING WITH

on a forged certificate.

230 THE LAND.

Stockholders : individual liability

See also under Landlord and Tenant ;

to corporation and creditors :

Restrictions and Restrictive Agree-
Liability for stock issued for over- ments as to the Use of Property.
valued property.

573 Conditions in executory contract for
Liability on account of defective organ- sale of land.

234

ization.

222, 233 Whether covenant indirectly affecting

Ultra vires : what acts are ultra value runs with land.

577

vires : Sale of stock to another

corporation.

495

COVERTURE.

Ultra vires : effects of: Bequest and

See Husband and Wife.
devise to corporation in excess of CRIMINAL LAW.
charter limitations.

561, 573
Criminal responsibility of directors.

See also Contempt; Corporations ; Ex-

tradition ; Indictment and Informa-

148

tion; Misdemeanors.

Right of minority stockholders to re-

Trial: Absence of accused through

strain sale of stock made to create

misconduct.

235

a monopoly.

495 Constitutional right to a public trial.

Ultra vires : transfers of property :

489, 495

Effect of bequest and devise to cor- Sentence: Remanding for new sen-

poration in excess of charter limita-

tence.

414

tions.

561, 573

Appeal : Conviction on merits under

Torts and crimes : Criminal liability defective indictment.

573

for libel.

153 Proposed statute allowing state to ap-
Liability for criminal conspiracy.

peal.

219
321, 328 Former jeopardy: Effect of sentence
Liability in tort for stock certificate

for higher offense on second trial.
forged by agent.
230

414
Insolvency of corporation : Bill by Identity of offenses.

642, 649

receiver against delinquent direc- Immaterial variance.

496

tors.

70 Right of state to appeal.

219

References in heavy-faced type are to NOTES and Reviews; in plain type to RECENT Cases; and in

italicized type to ARTICLES. Criticisms of articles in other publications are also indicated in the
annual periodical index which follows this index.
Defenses : Judgment for fine abated by Specific intent: Criminal responsi-
death of defendant.

649 bility of directors for ultra vires ap-

Equity jurisdiction : Power to re- plication of funds.

148

strain fraudulent election officials.

157

416

D

DAMAGES.

DEPOSITARIES.

See also Admiralty; Eminent Do- Liabilities : limitation by contract.
main (Compensation).

299-304

Measure of damages : Good will.

DESCENT AND DISTRIBUTION.

235

See also Choses in Action ; Construc-

Improvements to converted property.

tive Trusts; Executors and Admin-

227, 236

istrators ; Taxation.

Infringement of trade-mark. 630-632

Bringing advancements into hotchpot as

Leased premises rendered uninhabit.

against foreign realty.

able.

493

333

Death of wife.

148 DIRECTORS.

Mental suffering negligently caused. See under Corporations.

149

Subjacent support of highway. 415 DISCOVERY.

Wife's gratuitous nursing. 415

Nature and scope of the proceed.

Exemplary damages: Against sur- ing: Against one not party to

geon for operation performed with- record.

out patient's consent.

501

Consequential damages : Gratuitous DISSEISIN.

nursing.

415

See Adverse Possession ; Ejectment ;

History of the Law ; Title, Owner-

DANGEROUS PREMISES.

ship, and Possession.
See also Landlord and Tenant.
Liability to invited persons : In- DISTRIBUTION.
sanity of owner as a defense.

330

See Descent and Distribution.

DEATH BY WRONGFUL ACT. DIVIDENDS.

Common law liability: To husband

See Corporations.

for death of wife.

148

DIVORCE.

Statutory liability in general: Two

See also Marriage.

independent causes of action. 416

Jurisdiction: Effect of fraud in ob-

DECEIT.

taining jurisdiction.

239

General requisites and defenses :

See also under Conflict of Laws.

Plaintiff's participation in illegal

Alimony: Assignment.

329

transaction a bar.

60, 72, 330

Right of divorced wife to lands con-

veyed in fraud of dower as security.

DEDICATION.

149

Effect of: Effect on right to dower.

Operation and effect of divorce :

407, 417

Right of wife to proceeds of mutual

DEEDS.

benefit insurance policy.

See also Cancellation of Instruments ; DOMICILE.

Recording and Registry Laws.

See also Conflict of Laws.

Exceptions and reservations: Ex-

By what law domicile of testator deter-

ception of land in which easement

mined.

226, 233

previously granted.

574 Independent domicile of wife after hus-

band's insanity.

DEFAMATION.

See Libel and Slander.

DOWER.

Conveyance in fraud giving lien for

DELEGATION OF POWER.

alimony:

149

See Constitutional Law (Separation of Right of widow when husband has sold

Powers).

land without her consent. 417

DEMURRER.

DUE PROCESS OF LAW.

See under Pleading.

See under Constitutional Law.

References in heavy-faced type are to Notes and REVIEWS; in plain type to RECENT CASES; and in

italicized type to ARTICLES. Criticisms of articles in other publications are also indicated in the
annual periodical index which follows this index.

E

EASEMENTS.

When is property taken: Land taken

See also Eminent Domain; Equitable from disseisor before running of

Easenients ; Franchises; Highways ; statute of limitations.

563, 574

Railroads ; Right to Support ; Street Pollution of navigable stream. 497

Railways; Taxation.

Regulation of private property in the

Modes of acquisition: implied interest of general beauty. 40-42

grant and reservation: Implied Compensation: Claim in respect of

grant of right of way.

236 possessory title.

563, 574

See also Deeds (Exceptions and Reser- Protection of dower right. 407, 417

vations):

Structure placed upon land before

Modes of acquisition: prescrip- condemnation.

70

tion: Tenant's interruption of ad-

verse enjoyment.

317, 329

EMPLOYERS' LIABILITY ACT.

Severance and transfer of right:

See under Master and Servant.
Attempted reservations of easements EQUITABLE CONVERSION.
in grants of dominant tenements.

See Conflict of Laws.

136, 149
Reservation by grantor of dominant EQUITABLE EASEMENTS.

tenement of right of action for in- See Restrictions and Restrictive Agree-
fringements.

496 ments as to the Use of Property.

Extinguishment and revival: At-

tempt to sever.

136, 149

EQUITABLE ELECTION.

Grant by devisee to heir.

EJECTMENT.

By one tenant in common. 242 EQUITABLE LIEN.
Encroachments above surface.

417

See Liens.

Prior possession : as basis of action.

EQUITY.

563, 574

ELECTION.

See also Bills of Peace ; Cancellation

See Equitable Election.

of Instruments ; Conflict of Laws;

Constructive Trusts ; Discovery; In-

ELECTION OF REMEDIES.

junctions ; Quieting Title ; Rescission;

See Sales.

Restrictions and Restrictive Agree-
ELECTIONS.

ments as to Use of Property ; Specific

See also Constitutional Law.

Performance; Trusts; Vendor and

Purchaser.

Constitutionality of voting machine un-
der provision for a vote by ballot.

Jurisdiction : Avoidance of deed by

insane person.

329

419

Effect of re-election after ouster.

Conveyance of foreign land for tort or

breach of contract.

316, 332

384-393
Right to vote of inmates of national

Defective execution of power. 560, 579
soldiers' homes.

Enforcement by seller of contract for

Whether voting by ballot means by se-

sale of chattel.

372-373

cret ballot.

574

Enjoining trespass in foreign juris-

diction.

ELECTRICITY.

329

Infant enjoined from breach of con-

See Eminent Domain.

tract.

EMINENT DOMAIN.

Bill by receiver against delinquent di-

See also Railroads ; Street Railways ; rectors of corporation.

70

Taxation.

Power to restrain fraudulent election

Nature of the right of eminent do- officials.

157

main: Independent or derivative Power to punish municipal corporation

title.

650 for contempt.

150

Public servitude restricted to public Relief from forfeiture of lease incurred

501 by breach of covenant. 640, 652

Right to abandon proceedings after Restraint of police.

150

judgment.

574 Procedure: Nature of cross bill as re-

For what purposes property may

gards doctrine of lis pendens.

be taken : Electric power plant.

488, 500

649 Priority of equity : Right of defrauded

Purely æsthetic purpose. 35-39 judgment debtor against bona fide
Side-tracks for private use. 494 payee of judgment proceeds. 236

бо, 72

user.

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