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8. Valid mortgage by wife rendered invalid by forgery
of note it was given to secure; jurisdiction. Mers-
man v. Werges (U. S. C. C., Iowa).
9.-Replevin does not lie between. Hobbs v. Hobbs (Me.
S. C.)..

316

135

262

.....

EXECUTION. Officer's return on, conclusive until
directly impeached. Barrows v. National Rubber
Co. (R. I. S. C.).......
EXEMPTION. Attachment; sewing-machines and
piano are household furniture," and exempt from.
Van Storck v. Winslow (R. I. S. C.)
2.- Execution; unfinished burial cases; debtor's right
to exemption not waived by neglect to claim it. Mc-
Abe v. Thompson (Minn. S. C.) ..
EXPERT. See Evidence.
EXTRADITION.

Detention of extradited pris-
oner under civil process; offense," what is, within
meaning of act; contempt. Pooley v. Whetham
(Eng. App.)...

2.-Inter-State; duty of executive of whom fugitive is
demanded. State of North Carolina v. Perry (D. C.
S. C.)..

.........

FALSE PRETENSES. See Criminal Law.
FELONY. See Criminal Law.

FIDUCIARY DEBT. See Bankruptcy.
FISHERIES. See Constitutional Law.

202

470

513

See Contract; Conveyance: Criminal Conversation;
Criminal Law; Married Woman; Mechanics' Lien;
Recording Acts; Set-off.

ICE. See Negligence.

INDIANA. See Constitutional Amendments.
INDICTMENT. See Criminal Law.

INFANT. See Guardianship; Marriage; Married
Woman; Parent and Child; Pleading.

INFANTICIDE. See Criminal Law.

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2. Of publication injurious to trade; jurisdiction.
Croft v. Richardson (N. Y. S. C.).
3.-Publication injurious to trade; not necessary to
prove actual damage in an action to restrain.
Thomas v. Williams (Eng. Ch. D).
4.-Publication and circulation of a libel; patent laws.
Bell v. Singer Mfg. Co. (Ga. S. C.)....
5.-Street railroad, preliminary injunction to prevent,
from running cars on rails made, without having
compensated owners of the fee, etc. Buffalo City
Cemetery v. Buffalo E. S. S. R. Co. (Buff. S. C.)..... 156
See Practice.

152

419

436

See Corporations; Former Adjudication.
FOREIGN JUDGMENT. See Contract.
FORGERY. See Criminal Law.

295

355

FORMER ADJUDICATION. Action by pledgee
of mortgage to foreclose; payment of judgment by
owner of mortgage restores his right to foreclose.
Dougherty v. Remington Paper Co. (N. Y. App.)..... 273
2.-What does and what does not constitute; estoppel.
Radford v. Folsom (U. S. D. C., Mich.)....
FRANCHISE. What is; right of railroad company
to lay track through city; right need not be exclu-
sive, but must be from sovereign power. Chicago &
W. Ind. R. R. Co. v. Dunbar (Ill. S. C).
2.-Does not include immunity from taxation; rail-
road. East Tenn., Va. & Ga. R. R. Co. v. Hamblin
Co. (U. S. C.).................
FRAUD. "Catching bargains; loaning of money on
expectation." Nevill v. Snelling (Eng. Ch. D ). ... 503
See Attorney; Conveyance; Negotiable Instruments.
GAMBLING. Statutory construction; poker not
game like faro, keno, etc. Nuckolls v. Comm. (Va.
S. C.)

516

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2. Dedication to use for specified persons not dedica-
tion to public. Talbott v. Richmond & D. R. R. Co.
(Va. S. C.)...
HOMESTEAD. May be in building upon leased
ground; use of part of premises for business pur-
poses. Hogan v. Manners (Kans. S. C.)..........
HUSBAND AND WIFE. Action of assumpsit not
maintainable between. Hobbs v. Hobbs (Me. S. C.), 73
2.-Contract by wife before marriage; non-responsibil-
ity of husband. Biery v. Ziegler (Penn. S. C.).
398
3.-Clothing furnished by husband does not become
separate estate. Pratt v. State (Ohio S. C.)....
4.-Conveyance of land to them makes them tenants in
entirety. Marburg v. Cole (Md. App.)..........
5.-Authority to pledge credit during cohabitation;
necessaries; revocation of implied authority. Deben-
ham v. Mellor (Eng. App.)..

144

59

436

6. That a wife living with her husband is authorized
to pledge his credit for articles suitable to her
station is a presumption of fact and may be rebutted
by evidence. Debenham v. Mellor (Eng. App.)...... 91

13.- Payable to mortgagee; not defeated by mortgagor's
subsequent act. Black v. Nat'l Ins Co. (L. Can)... 123
14.-Over valuation without wrongful intent, in proof
of loss, does not avoid policy. Dogge v. Northwest-
ern Nat. Ins. Co. (Wis. S. C.)
15.-Vacancy of dwelling, temporary absence of family
not. Stupetzki v. Transatlantic F. Ins. Co. (Mich.
S. C.)..

118

256

164

118

16.-Vacancy, condition against; school-house; vaca-
tion. American Ins. Co. v. Foster (Ill. S. C.)...
17.-Waiver of condition; what is not. Farmers' F.
Ins. Co. v. Mispelhorn (Md. App.)
18.-Warranty, breach of, not defense in action on;
compromise of loss; misrepresentations as to owner-
ship. Stache v. St. Paul F. & M. Ins. Co. (Wis. S. C.) 37
INSURANCE, LIFE. Accident; death by drown-
ing induced by epileptic fit. Winspear v. Accident
Ins. Co. (Eng. Ex. D.)
2.-For benefit of child; construed to include grand-
child; stipulation in policy contravening charter of
company; life policy construed like a will. Duvall
v. Goodson (Ky. App.)
3.-Domicile of insurance company from another State
complying with State laws as to business. Cowardin
v. Universal Life Ins Co. (Va. S. C.)

4.- Evidence; condition against future intemperance;
habitual drunkard. Odd Fellows Mut. Life Ins. Co. v.
Rohkopp (Penn. S. C.)..

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12. Sunday, seamen can be required to work on. Smith
435
v. Schooner (U. S. D. C., Penn.)
See Jurisdiction; Sunday.

JUROR. Ignorance of English as affecting qualifica-
tion of. Town of Trinidad v. Simpson (Colo. S. C.) .. 409
See Criminal Law.

JURY. Must understand English. McCampbell v.

State (Tex. App ).

LARCENY. See Criminal Law.

LEASE. Covenant to pay taxes and assessments;

what is an assessment. Budd v. Marshall (Eng.

App.)....

2-Covenant as to use of premises -waiver by accept-
ing rent. Griffin v. Tompkins (Eng. Q. B. D.).

LEGACY. See Will.

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LIBEL. See Slander ana Libel.

LICENSE. See Excise; Patent.

See Acknowledgment; Criminal Law; Statute of Lim-
itations.

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NEGLIGENCE. Bailment; a gratuitous bailee only

liable for gross negligence; question for jury. Car-

rington v. Ficklin's Executor (Va. S. C.).

2.-Contributory, of parents; railroad company owes

no duty of protection to children trespassing upon

its track. Cauley v. Pitts., Cin. & St L. R. R. Co.

(Penn. S. C.)...

3.-Contributory, when a question for jury. Haskell

v. New Gloucester (Me. S. C.)

4.-Dangerous article; gas; contributory; affirmative

proof of want of. Smith v. Boston Gas-Light Co.

(Mass. S. C.)....

5.-Firing cannon in public street, town not liable for

negligence of officer in not preventing. Borough of

Morristown v. Fitzpatrick.......

6.-Ice, negligent breaking of crop by steamboat.

People's Ice Co. v. Excelsior (Mich. S. C.).

7.-Objects liable to frighten horses; turnpike com-

pany liable after notice. Eggleston v. Columbia

Turnpike Road (N. Y. App.)..

8.-Omission to ring bell and keep flagman at street

crossing, if not contributing to injury from railroad

train, not negligence. Pakalinskey v. N. Y. C. &

H. R. R. R. Co. (N. Y. App.).

9.-Proximate cause; fire communicated by burning

oil on stream. Kuhn v. Jewett (N. J. Ch.).....

10.-Remote cause; burning oil carried by stream. Kuhn

v. Jewett, Rec'r (N. J. Eq )

11.-Railroad company not liable for damages from

sparks of engine leased to run on private road. Mar-

quette, etc., R. R. Co. v. Spear (Mich. S. C.)

12 Railroad engine sparks setting fire; that fire occurs

not evidence of negligence. Reading & C. R. R. Co.

v. Latshaw (Penn. S. C.).......

13.-Engine on railway near highway making noise with-

out notice; question of fact. Hart v. Chicago, R. I.

& P. Ry. Co. (Iowa S. C.)

See Action Attorney; Bailment; Carrier of Passen-

gers; Insurance, Fire: Master and Servant, Municipal

Corporations; New York City; Railroads; Water-

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4.-Promissory note, what is stipulated in; notice.
Parker v. Plymall (Kans. S. C.).

5.-Promissory note; immaterial alteration adding

"annually" to "interest " Leonard v. Phillips

(Mich. S. C.)...

122

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essential to negotiability of.

S. C. C., Wis.).

7.- Defense that maker was induced to sign by fraud,
when unavailable. Fayette Co. Sav. Bank v. Steffes
(Iowa S. C.)..........

Porter v. Jonesville (U.

435

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12.
Transfer in payment of antecedent debt shuts out
equities. Blum v. Loggins (Tex. S. C.).
13. Receiver's certificate not. Turner v. Peoria & S. R.

4.- Executor de son tort, declaration against. Sawyer v.
Thayer (Me S. C.)..

136

317

97

378

R. Co. (Ill. S. C.).
See Banks and Banking; Mortgage; Partnership;
Pleading; Usury.

1

NEWSPAPER. Law Weekly not. Beecher v. Stev-
ens Minn. S. Č.)
NEW YORK CITY. Removal of officer must be
for cause; supervising engineer not answerable for
negligence of subordinates; review of removal. Peo-
ple ex rel. Campbell v. Campbell (N. Y. App.)........ 354
NOTICE. When notice of mortgage to soliciter not
notice to client; equitable interest. Cave v. Cave
(Eng. Ch. D.)
See Recording Acts; Suretyship.
NUISANCE. Obstructing highway, when private
action lies for. Shepherd v. Barnett (Tex. S. C.)..... 19
See Statutory Construction.

OFFICE AND OFFICER. Eligibility; removal of
disabilities after election and before entering on du-
ties. State v. Trumpf (Wis. S. C.)..

297

339

2.- De facto, validity of acts of. Carli v. Rhener
(Minn S. C)

453

3.- When official term commences; statutory construc-
tion. Ball v. Kenfield, controller (Cal. S. Č.)
See Attachment; Constitutional Law; Corporations;
Postmaster.

275

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5.-Infancy; evidence not objected to. Cutler v. Getz
(Buff. S. C.)

See Criminal Law; Tender.
PLEDGE. See Title.

POSTMASTER. Not "officer of revenue," statu-
tory construction; certificate of probable cause.
Campbell v. James (U. S. C. C., N. Y.)..........
PRACTICE. Appeal to Court of Appeals; order dis-
charging arrest; opinion of court below cannot
control order. In re Nebenzahl (N. Y. App.)
2.-Time when judge must sign exception; writ of
error before exceptions signed no waiver; date of
signature; evidence; proof of boundary lines by
reputation; adverse possession; true owner in pos-
session of part of lot. Hunnicut v. Peyton (U. S.
S. C.).
3.-Injunction, notice of, by telegraph. Tonkinson v.
Cartledge (Eng.)

263

114

476

123

135

36

4.-Imperfect service of copy, when sufficient. Osgoodby
v. Seifert (Buff. S. C.)
5.-Jurisdiction of court over orders made at same
term; appeal. Phillips v. Ordway (U. S. S. C.)
6.- Entry of judgment; filing memorandum by judge
not sufficient. Knapp, Rec., v. Roche (N. Y. App.). 454
7.- Rehearing after judgment; when petition should
be filed. Brooks v. Burlington & S. Ry. Co. (U. S.
S. C.).
8.-Order for publication under old Code, § 135; what
sufficient to authorize. Belmont v. Coenen (N. Y.
App)

9.- Order not modified by opinion; when opinion may
be referred to for explanation; discretion of court
governed by rule; granting leave to plead after
judgment on demurrer. Fisher v. Gould (N. Y.
App.)

434

516

55

183

3.-Step-child; when step-father stands in loco pa-
rentis. Smith v. Rogers (Kans. S. C.).......

477

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PARTITION. See Trust.
PARTNERSHIP. Agreement between partner and
third person; sub-partnership; sub-partner not
liable as partner. Burnett v. Snyder (N. Y. App.)... 337
2.-Dissolution; when party dealing with firm bound
by agreement of dissolution; vesting one partner
with control of liquidation; factor. Hilton v. Van-
derbilt (N. Y. App.).
3.-Dormant and ostensible partner; bill of exchange;
firm in name of single meinber. Yorkshire Bkg. Co.
v. Beatson (Eng. App.).

4.-Expulsion of member; Common Law Procedure
Act, 1854, § 11; arbitration clause; order of reference.
Russell v. Russell (Eng. Ch. D.)

5.-Partners signing notes in individual names; when
creditor may elect between firm and individual liabil-
ity; insolvency. First Nat. Bank of Portland; In
re Thompson (Me. S. C.)....

6. Joint and several note given by partners; when
creditor may hold both firm and individual partners;
insolvency. Ex parte Nason; In re Thompson (Me. S.
C)

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Action lies to compel construction
of farm crossing. Jones v. Seligman, Trustee (N. Y.
App.).
2.-Construction of statute relating to fences; owner
of leased road liable for cattle killed by failure to
fence. Fontain v. Southern P. R. R. Co. (Cal. S. C.), 57
3.-Removal of snow by street railway company; when
company not liable for injury to adjoining property.
Short v. Balt. City Pass. Ry. Co. (Md. App.).
See Carrier of Passengers; Constitutional Law; Emi-
nent Domain; Franchise; Injunction; Jurisdiction;
Municipal Corporations; Negligence.
RATIFICATION. See Constitutional Amendments.
REAL ESTATE. Building erected by license on
highway; right of way not. Walton v. Wray (Iowa
S. C.)..
2.-Fixtures treated as personalty by all parties, not;
estoppel. Smith v. Waggoner (Wis. S. C.) .
RECEIVER. Actions against: jury trial. Kennedy
v. Indianapolis & L. F. R. R. Co. (U. S. C. C., Ohio).. 216

196

90

......

436

357

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2. Of corporation; estate in hands of, liable upon cov-
enant of corporation to pay rent. People v. Nat'l
Trust Co. (N. Y. App.).....

3.-Takes subject to claim of lienholder not party.
Snow v Winslow (Iowa S. C.).
4.-Where mortgage conditioned that mortgagee may
take possession upon default, receiver may be ap-
pointed if default occurs. Sacramento & P. R. R.
Co. v. Superior Court (Cal. S. C.)...............
RECEIVER OF STOLEN GOODS. See Crim-
inal Law.

...

RECORD. Mistake of register in recording does not
prejudice mortgagee. Sinclair v. Slawson (Mich.
S. C.)..

RECORDING ACT. Assignment of mortgago;
unauthorized discharge by assignor after assign-
ment; contents of assignment and record; estoppel;
silence of assignee after unauthorized discharge.
Bryan v. Judson (N. Y. App.)...
2.-Notice; husband and wife; purchase by debtor of
surety's land under mortgage sale. Hassey v. Wilke,
(Cal. S C.).....

455

254

477

255

295

PAGE.

377

311

SEDUCTION. See Evidence.
SET-OFF In action by husband and wife; debt owed
by one only. Bentz v. Bentz (Penn. S. C.).
See Municipal Corporations; Statute of Limitations.
SLANDER AND LIBEL. An attorney, who is
also an editor of a newspaper, cannot be summarily
disbarred on account of his publishing in his news-
paper a libel on a judge, not designed to acquire an
influence over him in the exercise of his judicial
functions through the instrumentality of popular
prejudice. In the Matter of the Rules disbarring
Steinman aad Hensel, attorneys (Penn. S. C.)
2.-Damages recoverable only for the slanderous words
charged; evidence of repetition of words admissible
to show malice. Ward v Dick (Conn. S. C.)
3.-Mitigation of damages; reputation of plaintiff un-
known to defendant not provable. Hatfield v.
Lasher (N. Y. App.).....
4.-Privileged communication; criticism of conduct of
public officer. Hamilton v. Eno (N. Y. App.)....... 196
5.-Privileged communication; indorsement written
by naval officer on resignation of plaintiff. Maurice
v. Worden (Md. App.))
See Injunction.
SLAUGHTER-HOUSE. See Easements; Munici-
pal Corporations.

417

196

483

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REGISTRATION. See Elections.
RELIGIOUS SOCIETIES. Mandamus does not
lie to compel restoration to membership. State ex
rel. Soares v. Hebrew Congregation (La. S. C.).
483
REMOVAL OF CAUSE. Act of Congress relat-
ing to, from State to Federal courts, does not pro-
vide for removal of criminal action on the ground of
alienage. State of New Hampshire v. Grand Trunk
R. R. Co. (U. S. C. C., N. H )....
2,-Under acts of 1866 and 1867; what is final trial or
hearing. Jifkins v. Sweetser (U. S. S. C.)..
3.-Counter-claim establishing amount in dispute.
Clarkson v. Manson (U. S. Č. C., N. Y.).....
4.-Mistrial not trial to prevent removal; amount. Bray-
ley v. Hedges (Iowa S. C.)...

493

516

492

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5.-The amount in a petition for, to Federal court, as to
citizenship of the parties cannot be controverted.
Dickey v. Robbins (Buff. S C.).....

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157

See Contract.

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74

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.......

REWARD. Voluntary surrender of wrong-doer;
party bringing about entitled to. Austrian case... 422
REPLEVIN. In State court of goods seized under
Federal process. Heyman v. Covell (Mich. S. C.)... 392
See Husband and Wife.

RIGHT OF WAY. Over granted land surrounded
by land of grantor, when not aliowable. Mayor v.
Riggs (Eng.)...

See Easement; Real Estate.

RIPARIAN RIGHTS. Custom as to use of streams;
Pennsylvania Coal Co. v. Sanderson

111

419

35

4.-Ceases to run against a set-off from the date of the
Commencement of the action in which it is pleaded.
McEwing v. James (Ohio S. C.)..
5.-Married woman, under old Code as to statutory con-
struction; old Code, § 101; new Code, §§ 381, 414; Laws
1870, chap. 741; 1851, chap. 479; payment. Acker v.
Acker (N. Y. App)
6.- Note payable three months after demand; payment
of interest not evidence of demand. Brown v.
Rutherford (Eng. Ch. D.)

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See Civil Damage Act: Criminal Law; Gambling;
Grand Jury; Mails; Municipal Corporations; Na-
tional Banks; Office and Officers; Postmaster; Prac-
tice; Railroads.

STOCK EXCHANGE. Legality of rules as to
debts between members. Ex parte Grant; Re Plum-
bly (Eng. App.)...

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70

STOCKS. See Corporations.

57

SUBMISSION. See Arbitration.

115

7. Or return; evidence of sale. Kahn v. Klabunde
(Wis. S. C.)..

SUNDAY. Laws affecting one class only invalid. Ex
parte Westerfield (Cal. S. C.)

374

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2. Maritime law; obligation of seaman to work on Sun-
396
day. Smith v. Schooner (U. S. D. C.)....
3.- Travel on; accident, while returning from funeral

163

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SAVINGS BANKS. Degree of care required from
trustees. Hun, Rec'r, v. Čary (N. Y. App.).......
2.-What it is; rights of depositors; preferences; in-
solvency; special deposits. Stocton, Att'y-Gen.,
v. Mechanics & L. Sav. Bank (N. J. Ch.)....
See Ultra Vires.

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