TO

Page.
ABATEMENT: Action by partners for slander;
death of one plaintiff

444
ADMINISTRATION. Order of sale of real estate;
impeachment of

138
Concealment, fraud, etc.; surviving partner; trustee;
purchaser; notice..

396
Waste; administrator de bonis non, cannot recover, 95
ADMINISTRATOR'S SALE. Error in deed;
equity to title..

137
ADVANCEMENT. Presumptions as to

416
AGENCY Contract to procure advertisement; agent
personally interested; commissions..

397
Duration of employment....

236
Lien of agent for acceptances.

177
Middleman; commissions from both parties

318
Power to bind hotel-keeper for hire of horses for
guests...

363
Sale of sewing-machines and attachments; pleading;

bond of agent; liability of surety; statute of limita-
tions

332
See Bailment ; Interest.
ANIMALS. Evidence of good character of

303
Injury from bite of dog; owner

18
Negligence; dog in street...

382
Scienter in servant...

303
ARBITRATION AND AWARD. Limited to
matters submitted..

499
What award must show

415
ARREST. Privilege of witness from; action for

damages does not lie; motion to discharge proper. 139
ASSAULT AND BATTERY. Evidence; re-

puted wealth of defendant: instruction as to posi-
tive and negative testimony

337
ASSESSMENT. See Injunction.
ASSIGNMENT. Cause of action for tort....

255
Chattel mortgage; bona fide purchaser

478
ASSIGNMENT FOR CREDITORS. Error in
acknowledgment....

423
Neglect to present claim within time; right to share.. 218
ATTORNEY. Allowance out of fund; power of
court to grant..

457
Compensation; trust fund; insolvent railroad corpo-
ratian.

395
Indigent suitor; agreement as to compensation.. 348
ATTORNEY AND CLIENT. When relation
does not exist; undue influence..

410
Dealings between

415

...

CARRIER-Continued.

Page.
Delivery to connecting line ; liability of first carrier ;
damages for delay

216
Freight charges; payment of illegal rates not involun-
tary

26
Illegal charges; may be recovered back..

492
Liable for delay by striking employees. :

142
Limitation of liability; negligence; valuation

207
Live stock; delay in shipment; damages

274
Unindorsed bill of lading .

250
Obligations to passenger; injury by fellow passen-
ger; duty of employees...

333
Person having charge of child; refusal to pay fare;

ejectment from car; damages ; when punitive not
recoverable.....

434
Railroad and stage connection; contract

283
Railroad; excursion ticket; expulsion of passenger.. 99
Restricting liability; negligence..

58
Separation of passengers on account of race or color;
accommodations must be equal

515
Railroad ; one riding on engine or car step not passen-

ger
CEMETERIES. Easement or fee ; alteration by
city; rights of owner

297
CERTIORARI. Motion to quash denied; order ap-
pealable

14
CHALLENGE TO ARRAY. Irregularity; "beer;
presumed intoxicating

238
CHATTEL MORTGAGE. Execution and record;

mortgagor removing froin State; laches in taking
possession; effect of recording acts...

118
Mortgagorin possession with power to sell; question
of fraud one of fact...

334
Refiling ; within thirty days

478
Sale; satisfaction; pleading

478
"Shall deem himself unsafe;" conversion.

46
CHINESE EMIGRATION. See Constitutional

Law.
CITIZENSHIP. Fourteenth amendment; Indian;
allegation of petition..

75
CIVIL DAMAGE ACT. Extra-territorial effect, 183
CLOUD ON TITLE. Change of venue; void deed, 138
CONSTITUTIONAL LAW. Act of August 3,

188%; regulation of commerce; Chinese immigration, 276
Art. 9, $7; municipal corporation ; ultra vires; judge
ments ; set-off

17
Conspiracy ; protection of citizens; R. S. $ 5508; in-
formation

77
Contract to construct railroad; ultra vires; rescis-
sion; equitable interference

117
Deprivation of property ; State statute; overflowing
lands

370
Eminent domain ;'damage ; change of grade; incor-
poration before adoption of constitution

15
; public use; municipal bonds to aid private cor-
poration

396
Ex post facto; changing punishment; reasonable doubt;
prisoner as witness.

71
Incorporation of villages; delegation of legislative pow-
ers...

357
Intermarriage between whites and negroes.

255
Justices of the peace acting after seventy years of age, 89
Limitation; antecedent obligations...

33
Liquor traffic; removal from office; quo warranto is
civil proceeding

95
Police power; regulating and restraining trade. 415
Power to license; tax; regulating wash-houses

515
Prohibition against privileges; ferries

509
Prohibition of cigar making in tenement-houses.

85
Prohibition of manufacture or sale of an article in-
jurious to public health; oleomargarine.....

288

BAILMENT. Bailee may show that ballor has as-
signed his title......

103
Fraud; agency

35
BANK. Transformed from State into Nationals right

to enforce contracts.
National: power to purchase real estate

197
BANKRUPTCY. Fiduciary capacity ; unau-

thorized sale by broker; request to submit to jury.. 290
Partnership creditors; partner assuming firm debts. 293
BANK AND BANKING. Deposit of note for col.
lection ; sale

359
Authority of agent to certify checks.

457
Negligence; collection of drafts

109
BASTARDY. Civil proceeding ; preponderance of

evidence; charge: believing certain witnesses.. 257
BILL OF LADING. Title, when passes on ship-
ment....

390
See Carrier.
CARRIER. Baggage; when liability ceases ; burden
of proof

399
Circus train.

162
Connecting; flre in warehouse , liability.

314
VOL. 31.

Page -
DEBTOR AND CREDITOR. Satisfaction of
debt

495
DECEIT. False representations as to appraised value
of the property..

287
DEED. Appurtenances; right of way; no reference
in deed; injunction; specific performance

212
Condition; payment of debt should render void;
mortgage is not absolute conveyance in trust

198
Construed against grantor; when rule does not apply;

intent to govern; life estate or fee; power to sell;
discretion; may not be delegated.

291
Delivery ; voluntary settlement
Married woman; mistake in, cannot be reformed. 255
Must be signed ...

164
Reformation; mistake; must be mutual ; damages;
mining; unintenional trespass.

237
Void; executed by one not described as grantor .... 157

See Covenant.
DURESS. Giving and paying note for intended de.
mand .....

282

...... 433

CONSTITUTIONAL LAW-Continued. Page.
Public purposes; private property:

475
Regulation of commerce; license fees..

294
Statute to be construed in harmony with constitu-

tion; municipal corporation; subscription to rail-
road invalid; subsequent act legalizing.

156
Taxation; corporation ; act of 1881, chapter 361; pen-
alty; interest ...

457
Title of act; removal" not "transfer'

99
Unconstitutional amendment to valid act; effect of... 96

See Municipal Bonds.
CONTEMPT proceedings in aid of execution; re-
fusing to pay money; imprisonment illegal..

197
Refusing to testify in family secrets.......

102
What constitutes; habeas corpus...

300
CONTRACT. Architect; plans

402
Benefit of third person ; statute of limitations; costs;
interest on, from date of judgment..

197
Breach; damages; composition; action for damages
barred

237
Carrying mail; assignment of claim ; against govern-
ment. Rev. Stats., 88 3477, 3737..

356
Consideration ; performance; relying on promise 455
; release of doubtful claim

236
Guaranty; consideration ; statute of frauds; collateral 13
Mental capacity ; burden of proof ; evidence of im-
proper relations ; number of witnesses

416
Novation; considertion ; statute of frauds ..

476
Parol evidence to explain ; indorsement on envelope;
proof of custom ...

156
Personal liability of agent

255
; sealed instrument

217
Public officer ; personal liability.

514
Public policy; agreement not to uphold will..

418
Restraint of trade

458
Right of one not party to

449
Sale of land; rescission; rights of seller and purchaser 138
Services ; quantum meruit..

212
To "satisfaction"; acceptance.

357
Use of personal property; holding over no implied
contract; damages

252
CONTRIBUTION. Partnership ; tenants in com-
mon

178
CONVERSION. Demand and refusal to deliver 294
Title necessary; damages ; breach of contract

99
COPYRIGHT. In judicial decisions

242
CORPORATION. Assignment of stock ; creditor
attaching .

435
Election of directors ; mismanagement; Rights of
stockholders

397
Fraudulent conveyances : mortgage; priority; ultra
vires

292
New York Stock Exchange ; members bound by con-

stitution, etc.; sale of seat; proceeds to creditors in
exchange..

176
President; no power to execute bond ; judgment : re-
ceiver.

32
Purchase of capital stock; replevin .

7
Stockholder; liability of, how enforced.

299
Ultra vires; when cannot avail; recovery against one
joint contractor is bar to other

252
CORPSE. No property in human...

463
COVENANT. Against incumbrances; damages ; to
to pay taxes

514
Assignee of lease ; liability for rent; runs with land.. 479
Easement; incumbrances; recording acts.

17
CREDITOR'S ACTION. Rescuers of debtor's
goods

495
What property may be reached by: title in third per-

son; consideration paid by debtor; resulting trust.. 412
CRIMINAL LAW Wife as witness against hus-
band

448
Bawdy-house; Code Crim. Proc. $ 899, sentence. 155
- ; evidence of reputation
Conspiracy to rob; one committed murder, all guilty. 358
Evidence of age ; "will be twenty-one years old” COD-
clusive of infancy at time of trial.

482
False pretenses ; Obtaining goods by; proof that the
goods were delivered on; the faith of.

19
Forgery; wife as principal; presumption of coercion;

evidence; Code Crim. Proc. $ 399; testimony of ac-

complice...
Insanity; non-expert; Code Crim. Proc. 88 275, 284;
premeditation ; intent; question for jury; guilt;
evasion and falsehood

57
Mortal blow in United States fort; death outside 42
Murder; co-defendant may testify.

327
- ; evidence of previous assaults.

278
Preventing inquest

362
Rape; fraud..

43
See Indictment, Larceny.
CUSTOMS DUTIES. “Household effects;" car-
riage used abroad; Rev. Stat. & 2505.

214

ECCLESIASTICAL LAW. Act of 1813; pastor's
salary; method of raising....

117
EJECTMENT. Continuous adverse possession by
tacking.

91
Railroad occupying land with owner's consent; sale of
road: grantee takes title

99
ELECTION Elector disfranchised ; unreasonable

act of election officers; R. S., chap. 4, 963; damages. 256
EMBEZZLEMENT. Evidence of similar offenses. 459
EMINENT DOMAIN. Compensation ; court of
claims; waiver of formal proceedings...

2778
Damages; appeal; injunction.
Track in public track; abutting lot owner. damages;
estoppel

16
General railroad act ; right to appeal from award ;
practice; order pot appealable...

374
Public use; question of law; R. S., $ 4511

479
EQUITY: Joint purchase of property ; refusal of

some of purchasers to pay their share of expenses ;
effect of..

292
ESTOPPEL. Trustee; commissions waived
EVIDENCE. Agent's declarations

254
Assault and robbery; declarations; res gestæ

20
Boundary of land ; declarations of person in posses-
sion

138
Competency of witueus ; New York Code Civil Pro-

cedure, $ 834 ; U. S. R. S., $ 721; insurance; question
as to disease

135
Custom ; of banks to accept checks as cash.
Declarations as to pedigree

51
Declarations by deceased ancestor as to age.

150
Declarations of grantor as against grantee ; illegal evi.

dence not harmless; deed; reservation cannot be
proved by parol

412
Dying declarations...

278
Experts; hypothetical questions; credibility of wit-

274
Incompetent witness; waiver of objection; right of
court to suppress illegal...

177
Letters; epileptic fits accounting for controdictory
statements..

278
Nuisance; tendency of escaping steam to frighten
horses..

23
Opinion of experts; when incompetent

266
Parol to show lease in fact mortgage ; mortgage on
future crop...

275
See Assault and Battery; Bastardy; Embezzlement.
That object is likely to frighten horses....

102
EXECUTION. Replevy of property levied on;
second execution...

217
Of judgment not restrained; injunctions...

433
EXECUTOR AND ADMINISTRATOR.

Counsel fee; divorce case; widow cannot sue for;
counsel may..

516
Demand; waiver..

97
Foreign; domicile; personality governed by law of 4.7
Purchase of interest of deceased in partnership; void-

able ratification; estoppel; married womau advance-

ment; interest on...
EXTRADITION. Comity; restoration of fugitive
brought into State without due process..

124

ness....

116

22

ܪ

Page.
P JBLICILANDS. Act of Congress ; military reser-

vation; dispossession of occupant; proof necessary;
evidence ; scope and effect of a patent

333
RAILROAD. Fences; injury to cattle; onus on
plaintitl; non-suit proper.

318
Exemption froin liability for negligence; riding on
free pass in drawing-room car..

302
Fencing tracks ; killing stock.

416
General words in grant; right of way ; purposes of
railway

437
Implied liability of adult to pay child's fare.
Lease to another railroad valid ; lessor not liable for
injuries to passengers

203
License fees ; construction of statute; repeal of ; re-
pealing act restores; action for fees..

195
See Eminent Domain; Negligence.
RECEIVER Contract with ; successor not liable ;
claim as against fund.

498
Insolvent railroad; liability on contract of predeces-
sor

177
Liability for negligence..

490
RECEIVING STOLEN GOODS. Evidence ; ac-

count given by the prisoner; evidence to negative..
RECORDING ACTS. Constructive notice; pos-
session.

216
Leaving with recorder; index no part of record.
REMOVAL OF CAUSE. Action against adminis-
tration ; citizenship ...

375
Averment of citizenship; trustee indispensable party 355
Case arising under laws of Onited States .

292
Citizenship; corporations...

496
Collusive transfer; remanding case ; Act of March 3,

1875, 25; evidence; credibility of witness; discretion
of court

397
Enjoining State court..

98
Joint debtors in a mortgage ; non-resident mortgagor, 95
REPLEVIN. Custodia legis

130
Damages; attorney's fees; no exemplary damages

against sheriff; chattel mortgage ; void; binder and
delay..

377
Excessive tax

138
REWARD. For apprehension of thief; owner of
horse apprehending hirer who has sold it

182
SALE Conditional; meaning of words ; question

for jury.; practice; submitting case; weight of evi-
dence.

138
Chattel; particular use ; implied warranty

132
Defective boiler; warranty ; deceit
Delivery C. 0. D.

123, 163
Fraud; change of possession; agent ..........

58
Particular use; warranty; waiver..

140
Ore by sample ; rule in Pennsylvania; contract en-
tirety; damages; interest

458
Warranty; election of vendee to rescind; dainages 417
Warranty of quality ; severable contract; right to re-
scind

417
Warranty; when not implied.
Stoppage in transit

378
SCHOOLS. Regulation that scholars shall lug wood, 402
SHERIFF. Trespass ; fraud.

58
SHIP AND SHIPPING. Admiralty jurisdiction ;

part owners of steamboat; accounting; sale ; State
court

318
Charter; party; stipulation as to sailing

333
Collision; observing lights: mutual fault; negli-
gence ; deckhand Injured; 'several liability.

136
Maritime lien ; supplies; ship's agents ; secret agree-
ments with stovedore...

96
Pllots ; duty of; unknown obstructions; costs

96
SLANDER. Charge of crime ; justifcation; proof
beyond a reasonable doubt...

417
Privileged communication; as to character of school
teacher by resident of district.

462
Seo Abatement; Libel.
SPECIFIC PERFORMANCE. Benefit of third
person; possible benefit not sufficient..

213
Rescission

31
Purchaser objecting to title ; defects in records cured
by parol.....

12
Statute of frauds; part performance

392
STATUTE. Chinese immigration...

317
Claim or demand”; deposit in insolvent bank 483
Construction; ballots op plain white paper" may be
on paper of unusual thickness...

482
Construotion of ordinance ; auctions..

3:22
Implied repeal...

476
STATUTE OF FRAUDS. Parol agreement
partly performed.,

316
Conveyance by father to son

418
memorandum

174
STATUTE OF LIMITATIONS. Action against

directors; by stockholder. Code Civ. Proc., 88 388,

394..
SUBROGATION. Judgment note; lien..

298
SUNDAY. Promissory note; conflict of laws..

53
SURETY. Action on bond; notice of default. 332
joint debtors; subrogation.....

217
two debtors ; creditor ; accomodation note; mortgage, 58
TAXATION. Cemeteries not exempt from assess-
ments,

353

TAXATION-Continued.

Page.
Charter exemption of capital stock of railroad ; ex-

emption of individual interests of stockholders ;
obligation of contract ; power of legislature.. 292
Corporation not governmental agency....

75
Exemption; educational institution ; policy of stat-
ute ; cloud on title ; void assessment; action to re-

:
move...

456
Exemption of railroad ; personal privilege..

27
Inter-State commerce ; logs in transit.

292
Navigation of river; conflict with federal laws.

76
Notice to owner; enjoining collection; publishing no-
tices; act 1878, ch. 65.

378, 514
See Constitutional Law.
TELEGRAPH. Limitation of time to present
claim for damages; notice of condition..

203
TELEPHONE COMPANY. Bound to furnish
equal facilities.

143
Evidence ; report of conversation by operator. 182
Power to tax.

350
TENDER. Must be kept good.

414
TOWN Aiding railroad ; may rescind vote..

59
One of four officers cannot bind town; all must act. 298
TRADE-MARK. Corporation has right to ; another
corporation cannot take....

16
St. Louis beer;" deceit....

503
Parties of same name ; deception; injunction. 292
TRESPASS. Ab initio; failure to leave enough hay
to keep stock..

413
Mortgagee may maintain, agaipst purchaser of manure
from mortgagor..

103
TRIAL. Issues in equity cases ; verdict of jury

merely advisory ; Code, Š$ 972, 1003 ; evidence; ad-
missions; failure to answer letter; not bound by
statements therein....

14
TRUST. Beneficiary entitled to account; pleading;

in charging fraud should allege facts ; mortgages

credited with improvements ; liability for rents.... 216
Declaration of; statute of frauds , parol lease; specific

performance; assignment for creditors ; right to
lease passes to assignee; distribution of proceeds... 116
Deed of ; satisfaction by stranger; subrogation. 217
Devise by husband to wife on her promise to keep for
children

23
Lien of judgment; "real estate;" bankruptcy i power
of appointmeat does not pass..

196
Resulting; executor purchasing trust property; fraud. 16
Funds may be followed; misappropriation.

297
Investments; good faith; discretion.

238
Rule as to investment..

18
Statute of limitations

Removal ; misconduct.
UNITED STATES GOVERNMENT. Unau-
thorized sale of property.....

395
USURY. Question of intent; pleading....... 378
VENDOR AND PURCHASER. Inadequacy of

consideration; insanity; non-professional witness;
constructive notice; mere rumor not

217
Purchase of securities ; payment; discharge of lien;

parol evidence as to consideration ; practice ; subro-
gation.

196
Fraudulent representations as to value

336
Lien of vendor; priority of judgment....

418
Record of agreement; entries in index-notice.

515
VERDICT Receiving, in absence of defendent;

right to poll jury ; Sunday not court-day; error.... 256

...

98
17
9

....... 463

WATER AND WATER-COURSES. Covenant
house;" adjoining cellars; percolation.

437
License by riparian owner to one off the stream;
injunction by lower proprietor....

262
Mill-dams; reasonable use of water..

247
Prescriptive right; equitable action to quiet title; in-
junction; pleading; joinder of defendants.

290
WILL. After-acquired property; specific or residuary
gift.....

437
Conditional..

369
Conversion; direction for sale; discretion as to time of
sale.

437
Devise in trust ; suspending power of alienation; re-
fusal to accept provision in lieu of dower..

251
Devise ; life estate

413
Devise not against public policy; right of testator to

attach a condition ; devise or bequest in trust for
educational and charitable purposes; certainty; mu-
nicipal corporation; property held in trust by; equity
jurisdiction...

433
Devise void as trust; valid as a power; power of sale ;

discretion; 1 R. S., 729, $ 55; receiver cannot execute. 411
Dower; provision in lieu; failure to dissent..

476
Executory devise; dying without issue......

275
Gift to a class ; distribution per capita..

98
Heirs and next of kin; husband

35
Provision requesting services ; liability of estate for
discharge

218
Public charity: condition subsequent; perpetuities .. 405
Remainder ; life estate..

499
Trust; payment of income.

435
--; power of disposal

34

431