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211-212

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.

A

ABATEMENT AND REVIVAL. Principal's rights against agent:
Survival of action : Judgment for fine Liability for amount of securities

not enforcible against executor. 649 falsely declared by agent to rep-

ABUTTING OWNERS.

resent investment of principal's

See under Highways ; Municipal Cor.

moneys.

Liability of principal to third per-

porations ; Street Railways.

sons in tort: Stock certificate

ACCESSION.

forged by secretary of company. 230

Right to improvements made by a bona

Principal's liability for acts of in.

fide taker.

227, 236

dependent contractor : Foreman

licensed under a statute.

ADEMPTION.

New corporation formed by members

See under Legacies and Devises.

of old.

413

Private nuisance in highway.

ADMINISTRATION.

73

Agent's liability to third persons :
Of estates, see Executors and Adminis-

Drawee's recovery against agent col-
trators.

lecting check with forged indorse-

ADMIRALTY.

ment.

492

See also Salvage.

Unauthorized agent's liability on nego-

Jurisdiction: Suit for hire of dredge.

tiable instruments.

159

409

When agent warrants his authority.

ADMISSIONS.
See under Evidence.

Effect of statutes on relation : Mas-

ter's liability to provide safe place to

ADVERSE POSSESSION.

work.

230

Nature of right of adverse possessor, Ratification of unauthorized con-
see Title, Ownership, and Possession.

tracts: Ratification of unauthor-

Continuity : Interruption of adverse

ized contract of insurance after

enjoyment.

317, 329 occurrence of loss.

504

Presumption of agency from relation

ALIENS.

of parent and child.

410

Against whom title may be gained: Right of Japanese in California schools.

Public corporation invested with

337

title of public schoolhouse sites. 644

ALIMONY.

See under Divorce.

AGENCY.

ANIMALS.
See also Master and Servant. Par-

Trespass on realty by animals :
ticular classes of agents, see Attor-

Joint liability.

324
neys; Banks and Banking ; Carriers;

Straying from highway.

569
Corporations ; Sales (Factors and

Upon unfenced land by animals
Factors' Acts).

wrongfully on adjoining land. 569
Creation of agency: Presumption of

ANNUITIES.

agency from relation of parent and

child.

410

Death of proposed annuitant before pur-

Statutory obligation to employ li-

chase of annuity.

331

censed agent.

230 | APPEAL AND ERROR

Scope of agent's authority: False See also under Criminal Law; Habeus

bill of lading made out by agent.

Corpus; New Trial.

493 Determination and disposition of

Undisclosed principal's rights and cause : Decision by divided court.

liabilities with regard to third

231

persons : Surety on agent's note. Waiver of right to prosecute second

65 appeal.

231

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

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

annual periodical index which follows this index.
APPOINTMENT, POWER OF. Work and labor justifying seller's action
See Powers.

for price before title has passed.
ASSESSMENT.

363-364
See Corporations ; Taxation.

ASSIGNMENTS.

ATTACHMENT.

Of choses in action, see Choses in Ac- Attachment of rolling stock of non-resi-

tion.

dent carrier.

319, 330

ASSOCIATIONS.

See Voluntary Associations.

ATTORNEYS.

ASSUMPSIT.

Relation between attorney and cli-

Action based on waiver of tort, see ent: Enforcement of a contract so-

under Quasi-Contracts.

licited by attorney.

B

BAILMENTS.

Unliquidated damages for tort. 646
See also Carriers.

Priority of claims: Assignment by

Nature of bailments : Bailments sub- wage-earner.

410

ject to regulation.

304 Priority of liens over wage-earners'

History of the law and its present claims.

144

status.

297;3!2 State a preferred creditor for corporate

Bailor and bailee: Bailor's right franchise tax.

490, 503
against bailee : nature of right. 298 Partnership and individual claims

Liability of shopkeeper for property and assets: Administration of

of customer.

491 non-bankrupt partner's estate.

Right of bailee to contract as to tort

589-605

liability.

299-312 Distribution of assets at common law.

BANKRUPTCY.

591-595

See also Partnership; Receivers.

Firm bankrupt independently of part-

Jurisdiction of federal courts : ners under Bankruptcy Act.

Determination of title to property in

590-592

possession of trustee.

570

Non-bankrupt partners not within

Preferences : Payment of salary of

bankruptcy court's power. 598-599

officer by insolvent corporation. 492

Partners' liability to bankrupt firm.

Previous transfer recorded within four

603-605

months of bankruptcy. 645

Exemptions : Life insurance policy.

Rights and liabilities of surety of pre-

ferred creditor.

484, 503

Exempt persons partners of bankrupt

Transfer by broker of stock held on

firm.

602-603

margin.

411

Discharge: Objections by parties in

Rights and duties of a bankrupt :

interest.

570

Failure to obey court order criminal Obtaining property by false state-

in nature.

413

ment in writing

144

Perjury in examination.

571

Opposition to discharge by person

Right before appointment of trustee

not defrauded.

144

enforcible after discharge. 411

Partner's liability barred by individual

Property passing to trustee : Prop-

discharge.

569

erty of bankrupt's debtor. 598–599 BANKS AND BANKING.

Trustee equivalent to judgment cred- See also Bills and Notes (Checks);

itor or purchaser without notice.

Constructive Trusts.

324 Deposits : Rights of depositor upon

Trustee in bankruptcy not equivalent sub-deposit made by depositary

to judgment creditor.

65

bank.

140, 145, 646

Proof of claim: “Filing of proof Wrongful receipt of deposit. 69

within the Bankruptcy Act. 411 Collections : Drawee's recovery

Objection by parties in interest to 'al- against agent collecting check's

lowance of claims.

570 with forged indorsement. 492

Provable claims: Anticipatory Insolvency and receivers : Rights

breach of contract.

66 of depositor upon sub-deposit made

Counterclaim after expiration of one by depositary bank.

140, 145, 646

year.

231

National banks: Federal usury stat-

Goods of others in possession of bank- utes as a protection to national and

rupt under English Act. 645 state banks.

581

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.
BENEFICIAL ASSOCIATIONS. Negotiable Instruments Law: applica-
See Insurance.

tion to joint maker as surety. 646

Negotiable Instruments Law: note for

BEQUESTS.

a gambling debt void.

492

See Legacies and Devises.

Requirement that note in considera-

BIGAMY.

tion of a patent show that fact on

Common law marriage as affecting

its face.

333

bigamy.

576

Parties not named on instrument:

Undisclosed principal surety on

BILLS AND NOTES.

agent's note.

65

See also Suretyship; Usury.

Checks : Drawee's recovery, against BILLS OF LADING.

agent collecting checks with forged See under Carriers.

indorsement.

492

Negligence of drawer.

139, 145

BILLS OF PEACE.
See also Doctrine of Price v. Neal. Bill to enjoin numerous suits in justices'

Purchasers for value without courts and try as one in equity.

notice: Conditional credit to

325

debtor as consideration. 232

Collection of penalties under alleged

Gambling debts.

492

unconstitutional statute.

Payment and discharge : Receipt by

BIOGRAPHY.

payee of invalid payment. 484, 503
Remedies on lost instrument.

See Legal Biography.

566, 571 BOARDS OF HEALTH.
Defenses : Discharge of surety who is

Delegation of power to register plumb-

a joint maker.

646

147

Failure of indorsee to prove in bank-

ruptcy as a defense to endorser. BROKERS.

502 See Transfer of Stock.

Failure to tender indemnity bond when Carrying stock on margin: nature of

instrument lost.

transaction.

411

Doctrine of Price v. Neal: Com-

Liability for property left by trustee in
pared with the case of a forged bucket shop.

657

check.

208-210

Drawee's right to recover payment BURDEN OF PROOF.
of forged check.

145 Duty of going forward with evi-

Statutes: Negotiable Instruments dence in particular cases : Res

Law: unauthorized agents' liability. ipsa loquitur between master and

159

servant.

228, 240

566, 571

С

CANCELLATION OF INSTRU.

MENTS.
Avoidance by insane persons. 419
CARRIERS.

See also Constitutional Law; Inter-

state Commerce; Public Service Com-

panies; Railroads; Street Railways.
Federal regulation : Nature of con-

gressional power to regulate railway
rates.

127-133
Offenses under Elkins Act.

635, 647
See also Interstate Commerce.

State regulation in general: Com-

pelling railroad to build sidetracks

for private use.

494

Power to regulate rates. 129-131

Rights of state railroad commissions.

Taxation of gross receipts of interstate

carriers.

503

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 wh follows this index.
Liability to administrator of one who, CIVIL DEATH.

has waived rights against carrier. 66 See Presumptions.

Reason for inability to contract against

CIVIL LAW.

negligence.

23-24

History of Roman law showing true

Connecting lines: Garnishment of

basis for modern private rights.
connecting carriers for freight collec-

606-619
tions due to foreign carriers.

CLASS LEGISLATION.
319, 330

See under Constitutional Law.
Requirement that baggage be traced

through connecting lines. 420 COLLATERAL ATTACK.

Liens : Refusal to deliver damaged On status of corporation, see Corpora-

goods without payment of freight.

tions.

146 COMBINATION.

Discrimination and overcharge :

See also Public Service Companies

See Conspiracy;

Interstate Commerce ;

Restraint of Trade; Torts; Trade

(Rights and Duties).

Unions; Unfair Competition.

Discrimination between places and

routes.

635, 647 COMMERCE.

Tickets : Nature of a ticket.

137, 145

See Constitutional Law ; Interstate
Ejection of passenger: Presentation Commerce.
of wrong transfer check.

137, 145 COMPETITION.

Personal injuries to passengers :

See Unfair Competition.

Unsafe approaches to stations. 67

Baggage : Unaccompanied by owner, COMPROMISE AND SETTLE

who is on a later train.

647 MENT.

Steamships : Right of passenger to Offer to compromise as evidence in crim-

berth.

146 inal suit.

71

Carrying forbidden number of passen-

CONCEALMENT.
gers.

648

As ground for rescission of contract,
CHARITIES AND TRUSTS FOR see Rescission.
CHARITABLE PURPOSES.

CONDITIONAL SALE.
See also Conflict of Laws.

See under Sales.

What constituté charities : Trust

for patriotic purposes.

67 CONDITIONS.

In leases, see under Landlord and

CHARTERS.

Tenant.

See under Corporations.

CONDITIONS PRECEDENT.
CHATTEL MORTGAGES.

Construction and operation: Re-
Rights of mortgagee against owner of

quirement to fence as covenant run-

land to which chattels are affixed.

ning with the land.

234

565, 575

CHECKS.

CONFLICT OF LAWS.

See under Bills and Notes.

See also Federal Courts ; Taxation.

Recognition of foreign judgments :
CHINESE EXCLUSION ACTS.

Judgment obtained against corpo-

Exclusion of Chinaman claiming citizen- ration under implied consent to ser-

ship.

146

vice.

572

CHOSES IN ACTION.

Situs of choses in action : Situs of

See also Bailments ; Conflict of Laws ;

judgment debts for purpose of ad-

Garnishment; Transfer of Stock ;

ministration.

326

Taxation.

Assignment of contracts: Effect in

What may be assigned: Bilateral

foreign state of failure to record,

contract.

637, 647

423

Alimony.

Personal jurisdiction: Enjoining

329

Manner and effect of assignment:

trespass in foreign jurisdiction.

Distinguished from novation.

329

423

Consent as basis.

Of wages given priority under Bank-

323, 325

Right of inmates of national soldiers

ruptcy Act.

410

Void if'novation intended.

home to vote.

497

423

Remedies : right of action : Power

Only a power of attorney. 423

of foreign court to decree convey.

CITIES.

ance of land for tort or breach of

See Municipal Corporations.

contract.

384-393

384

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.

Right of action for deficiency on mort- Criminal liability.

gage bond governed by foreign Conspiracy to commit crime requiring

statute.

326 plurality of actors.

62, 68

Jurisdiction for divorce: Effect of Of corporation.

321, 328

unrecognized divorce on legitimacy. Damage to person in his calling. 68

400, 411, 572. CONSTITUTIONAL LAW.
Capacity: Capacity in international

See also Aliens; Carriers ; Chinese
marriage.

412 Exclusion Acts; Conflict of Laws;
Marriage : Creation of charge upon Eminent Domain; Extradition ;

separate estate determined by law Federal Courts; Habeas Corpus ,
of situs.

Interstate Commerce; Municipal Cor.

Jurisdiction for nullification. 412 porations; Police Power; Taxation.

Rights in real estate created by foreign Making and changing constitu-

marriage determined by law of situs. tions : Proposed constitutional

383

amendment that all taxation be uni.

Legitimacy and adoption : Legiti- form and none apportioned. 296

mation subsequent to birth. 400, Construction, operation, and en-

411, 572 forcement of constitutions :

Rights in property : Equitable inter- Power of Victoria to tax Australian

ests in foreign property: 382-397

officer.

494

Equitable interest in land created by Statute requiring self-criminating tes-

law of situs everywhere recognized. timony.

61, 76

386 Statute unconstitutional in part. 495

Rights in land created by foreign con- Separation of powers: Delegation

tract of marriage governed by law of legislative powers to boards of

of situs.

383 health.

147

Trust valid by law of situs valid Delegation of legislative power to the

everywhere.

382-383 executive.

116, 123-125

Validity of transfer of movables deter.

Judicial powers of the executive. 16,

mined by law of situs.

394

123-125

Intestate succession: Advancements Powers of the judiciary.

157
set off against entire estate. 493

Powers of the executive: Delega.

Situs of judgment debts for purpose

tion of details.

124

of administration.

326 Judicial powers of the executive.

Testamentary succession: By what

116, 118, 123-125

law domicile determined. 226, 233

Judicial action reviewable by the

Effect of Wills Act on will of English

116-117
woman marrying Scotchman. 68 Quasi-judicial powers. 110-120
Relation between executor and foreign

Powers of Congress: taxation:
administrator of deceased. 326

Constitutionality of income tax.
Trust performable outside jurisdiction

280-289

of its creation.

647

Powers of Congress: treaties :

Validity of trust of movables gov-

Power to prevent segregation of

erned by law of domicile.

393

races in schools.

337

What law determines validity of ad-

Powers of Congress : implied pow-
ministration of trust of movables.

ers: Forbidding interstate transpor-
395-396

tation of products of child labor.
Effect and performance of con-

658
tracts : Contract to perform to sat-

Powers of the judiciary : Enjoining

isfaction of other party in another

collection of penalties under alleged

state.

558, 572

unconstitutional statute. 238

Damages recoverable for breach.67

Refusal to impose statutory penalty.
Rights and obligations of foreign

648

corporations : Legal status of a

Suits against states in federal courts.

245

corporation outside state of crea-

tion.

78

Impairment of the obligation of

CONSENT.

contracts : Alteration and aboli-

tion of municipal charters. 77

See Conflict of Laws; Physicians and

Contract by state not to discriminate

Surgeons.

against foreign corporation. 405, 412

CONSPIRACY.

Due process of law: Administra-

See also Restraint of Trade; Unfair tion of estate of living person. 147,

Competition.

572

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