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LAW REVIEW

Vol. XXI.

1907-1908

CAMBRIDGE, MASS.
THE HARVARD LAW REVIEW ASSOCIATION

Copyright, 1907, 1908,
BY THE HARVARD LAW REVIEW ASSOCIATION

THE UNIVERSITY PRESS, CAMBRIDGE, U.S.A.

TABLE OF CONTENTS.

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AGREED VALUATION AS AFFECTING THE LIABILITY OF COMMON Carriers

FOR NEGLIGENCE. Henry Wol; Biklé.

32

COLLATERAL ATTACK ON INCORPORATION. B. IN GENERAL. Edward H.

Warren.

305

COMMON LAW AND LEGISLATION. Roscoe Pound

383

CONSTITUTIONAL QUESTIONS INVOLVED IN THE COMMODITY CLAUSE OF
THE HEPBURN Act. William Draper Lewis

595

CONTEMPT OF Court, CRIMINAL AND Civil. Joseph H. Beale .

161

CONTRIBUTORY NEGLIGENCE. Francis H. Bohlen

233

DUE PROCESS OF LAW AND THE EIGHT-HOUR DAY. Learned Hand

495

ENFORCEMENT OF A RighT OF ACTION ACQUIRED UNDER FOREIGN LAW

FOR DEATH UPON THE High Seas. I, II. G. Philip Wardner . · 1,75

EXPROPRIATION BY INTERNATIONAL ARBITRATION. Charles Noble Gregory 23

Non-CONTENTIOUS JURISDICTION IN GERMANY. Walter Neitzel

476

NOTE, TO THE NEXT STEP IN THE EVOLUTION OF THE CASE-Book. Eugene

Wambaugh

118

REASONABLENESS OF MAXIMUM RATES AS A CONSTITUTIONAL LIMITATION

UPON RATE REGULATION. Frank M. Cobb ..

175

Right OF A STOCKHOLDER, SUING IN BEHALF OF A CORPORATION, TO COM-

PLAIN OF MISDEEDS OCCURRING PRIOR TO HIS ACQUISITION OF STOCK.

Murray Seasongood

195

THE CLOG ON THE EQUITY OF REDEMPTION. Bruce Wyman

459

THE CONFUSION IN THE LAW RELATING TO MATERIALMEN'S LIENS ON VES.

sels. Fitz-Henry Smith, Jr.

332

THE NEXT STEP IN THE EVOLUTION OF THE CASE-Book. Albert Martin

92

THE ORIGIN OF USES AND TRUSTS. James Barr Ames .

261

THE RELATION OF JUDICIAL DECISIONS TO THE LAW. Alexander Lincoln

THE TEST OF CONVERSION. George Luther Clark .

UNIFORMITY OF LAW IN THE SEVERAL STATES AS AN AMERICAN IDEAL.

I. Case LAW, II. STATUTE Law, III. CASE LAW VERSUS STATUTE

LAW, IV. STATE COURTS VERSUS FEDERAL COURTS. William Scho-

field

416, 510, 519, 583

WHAT CONSTITUTES AN EXPRESS WARRANTY IN THE LAW OF SALES.

Samuel Williston .

555

Kales.

INDEX-DIGEST.

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

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

verse

A

ABUTTING OWNERS.

an unrecorded deed from the true

See Highways; Municipal Corpora-

owner.

363

tions ; Street Railways.

Subject-matter and extent of ad

ACCORD AND SATISFACTION. verse possession : Possession ad.

See also Payment.

to grantor as breach of

Validity: Lesser sum as satisfaction covenants of warranty and seisin.

for a greater.

628

443
ADDITIONAL SERVITUDE.

Who may gain title : Grantee under

an unrecorded deed from the owner.

See Easements; Street Railways.

363

ADJOINING LANDOWNERS.

Against whom title may be gained :

See Party Walls.

Grantor by unrecorded deed.

363

ADMINISTRATION.

Municipality

292

Of estates, see Executors and Adminis- Tenant in common under disability.
trators.

371

ADMIRALTY.

AFFIDAVITS.

See also Conflict of Laws; General

See New Trial.

Average; International Law ; Mari.

time Liens; Salvage.

AGENCY.

Jurisdiction: Application to domestic See also Arbitration and Award; At-

vessels on the high seas of state

torneys ; Master and Servant.

statute giving right of action for

Scope of agent's authority: Agent

death.

357, 363

for letting and sale, making sale to

Right of action for death properly a tenant he has procured. 297
within the scope of maritime law.

Misappropriating agent receiving re-

75-77 turn of the misappropriated funds
State police power over vessels within

with knowledge that a preference is

the three-mile limit.

intended.

141

Test of locality of consummation of

Principal's liability to third per-
act: damage to bridge by steamer

sons in contract: Defense to con-

breaking from moorings. 536

tract obtained by bribery of the

See also Conflict of Laws.

agent.

541

Torts : Application to domestic vessels

Principal's liability for acts of in.

on the high seas of state statute

dependent contractor: Negli-

giving right of action for death.

gence of foreman licensed under

357, 363

statute.

284

Jurisdiction in action for damages to

Agent's right against principal:

bridge caused by steamer breaking

loose from her moorings.

Collection agent's right in funds

536

from which he may deduct a com-

Measure of damages : interest upon

mission.

287

demurrage.

367

Estate agent's rights to commission on

State police power over vessels within

sale by landlord to tenant whom

the three-mile limit.

357, 363

agent has procured.

297

See also Conflict of Laws.

Leaving question of whether an estate

Decrees: When title to condemned

agent procured a sale to the jury.

prize passes.

55, 440

297

ADVERSE POSSESSION.

Agent's liability to third persons :

See also Limitation of Actions.

Agent's liability for receiving prefer-

Nature of right of adverse possessor, ence in the course of his employ-

see Limitation of Actions.

ment.

534, 538

What constitutes : Holding under Termination of authority : Agent
margin.

357, 363

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.

ARREST.

has made a lease.

297

Eifect of statutes on the relation: ASSAULT AND BATTERY.

Constitutionality of Federal Em-

Civil liability: Public service com-

ployers' Liability Act.

290

pany liable for unauthorized insult

Failure to provide a safe place to

by its servant.

58

work by a foreman licensed by

ASSESSMENT.

statute.

284

See Corporations (Individual liability

ALIENATION, RESTRAINTS ON. to corporation and creditors); Taxi-

See under Trusts.

tion.

ALIENS.

ASSIGNMENTS.

Duty of allegiance when natural sov- See Choses in Action ; Landlord and

ereign occupies country where alien Tenant.

resides.

64 ASSIGNMENTS FOR CREDIT.

Enforcement by assignee of contract to ORS.
convey land to alien.

363 See also Bankruptcy.
Preference given to local creditors by Rights of creditors : Secured credit-
state courts.

537 or's right to realize on security
ALIMONY.

and receive a dividend on the whole

See under Divorce.

claim.

280, 290

ALTERATIONS OF INSTRU- ASSUMPSIT.
MENTS.

Right to sue in assumpsit for tax.
Legal effect, see Wills.

283, 295

ANIMALS.

ATTACHMENT.

Property in animals : Mortgaged ani-

See also Exemptions; Partnership.
mals : ownership of off-spring. 443

Attachment of rolling stock of non-

Damage to persons and chattels :

resident carrier.

59

Liability of carrier in the absence of ATTORNEYS.
negligence for injuries caused by See also District and Prosecuting At-
wild animals during transportation. torneys.

441

Relation between attorney and
APPEAL AND ERROR.

client: Privileged communications,

Effect of transfer of cause : Power see under Witnesses.

to punish, pending appeal, violation Privileges and duties attached to

of injunction.

444

the office: Obligation to perform

Power 'to punish violation of injunc- a bare promise made to client's

tion revived by supersedeas. 444

former solicitors.

140

ARBITRATION AND AWARD. AUTOMOBILES.

Revocation of submission to arbitra- For damage to automobile, see Dam-

tion by death of a party. 537 ages (Measure of damages).

Rights and duties of bankrupt :

ceived from defendant in fraudulent

534, 538

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