BANKS AND BANKING. See, also, NATIONAL BANKS.
liability of bank for the payment of a check or
draft raised by its clerk, 90.

liability of banks for negligence in the care of spe-
cial deposit, 198.

bank bound by the act of its cashier in drawing
checks in its name though with intent to embez
zle the proceeds; and the payment of the checks
by the drawee is binding on the bank, 313.
drawing of check as an equitable assignment of the
fund, 375.

one for whom a bank had collected a draft before it
failed is not entitled to a preference over other
creditors if the bank had disposed of the proceeds
before the assignee came into possession, 502.

CARRIERS OF GOODS,

what constitutes an interstate shipment within the
meaning of the interstate commerce act, 43.
extent of the power of railway company to make
restrictive contracts in the transportion of live
stock, 94.

construction of Iowa statute making it a misde-
meanor to bring diseased cattle into the State, 319.

CARRIERS OF PASSENGERS,

a legal definition of baggage, 5.

liability of sleeping-car companies for loss of ef-
fects by a passenger, 46.

liability of two railroad companies for collision of
trains, by concurrent negligence, 71.
employees riding on elevator are not passengers,
159.

presumption of negligence by driver where horses
drawing a conveyance run away, 267

the Missouri Supreme Court as to who is a passen-
ger, 481.

CONFLICT OF LAWS,

the transfer by a non-resident of a debt due from a
citizen of Illinois, if valid by the lex loci, will be
held valid by the courts of Illinois as against cit-
izens of other States than Illinois, 126.
validity of contract executed in another State by
persons domiciled there, 129.

a Massachusetts court will enforce a right of action
for personal injury arising under the common
law of another State as there administered where
there is only a slight variance of view in Mas-
sachusetts not amountng to a fundamental differ-
ence of policy, 464.

CONSPIRACY,

to injure business, remedies for, 422.
CONSTITUTIONAL LAW,

validity of municipal ordinance prohibiting screens
in saloons, 70.

how far the reasonableness of a municipal ordi-
nance may be inquired into by 'courts, 70.
legislature has power to refuse the grant of a lot-
tery franchise, even though rights have been ac
quired and liabilities incurred upon the faith of
the privileges conferred by such grant, 91.
State privilege tax on telegraph wires imposed by
a State, not an interference with interstate com-
merce, 141.

validity of State ownership of grain elevators, 217.
statute prohibiting barbers from conducting their
business on Sunday is a valid exercise of police

power, 272, 335.

constitutional questions submitted to the Massa-
chusetts supreme court, 285.

validity of act permitting women to vote at city and
town elections, 285.

validity of the Michigan "jag cure act," 313.
validity of city ordinance permitting persons com-
mitted for violation of ordinance to be employed
in public work, 317.

scope of the power to regulate commerce, 325.
validity of act forbidding public exhibition of chil-
dren, 333.

dispensary law of South Carolina, unconstitutional,
373.

validity of Missouri act making railroad companies
liable for fires set by locomotives, without proof
of negligence, 375.

validity of act for the protection and regulation of
fisheries which makes contraband, nets, pounds
or other devices, 401.

validity of act prohibiting the employment of fe-
male child in theatrical exhibition, 422.
mandamus will not lie to compel the governor of a
State to perform any duty pertaining to his office,
424.

validity of interstate commerce act in relation to
compelling the attendance and testimony of wit
nesses, 501.

power of legislature to limit or restrict right to
contract, 529.

exaction of fee by a State for consolidation of cor.
porations constitutes no tax on interstate com-
merce, 532.

CONSTRUCTION. See STATUTE.
CONTRACTS,

lobbying contracts, 123.

to manufacture machines, liability of bailee for
articles furnished, 138.

money had and received, 142.

parol contract of insurance, 158.

when and under what circumstances may an insane
person be held upon his contracts, 224.

of marriage, are actions for the breach of, immoral,

272.

of guaranty, construction of, 383, 887.

power of legislature to restrict right of, 529.
CONTRACT OF EMPLOYMENT. See EMPLOYER AND

EMPLOYEE.

CONTRIBUTORY NEGLIGENCE. See NEGLIGENCE.

CORPORATIONS,

liability of, on note in the hands of a bona fide pur-
chaser, signed by an officer who exceeds his au-/
thority, 45.

power of insolvent corporation to make a prefer-
ence, 118.

power of directors of insolvent corporations to
make preferences in favor of themselves, 137.
liabilities of, for injuries occasioned in the exercise
of ultra vires power, 221.

preference by insolvent corporation, 240, 325.
residence of, conferring jurisdiction on federal
courts, 266.

pleading of statute of limitation by foreign corpo-
ration, 275, 277.

void and voidable stock, 336.

possession of attached property of, by receiver, 341.
a purely charitable corporation established by the
State is not liable for the negligent or malicious
acts of its servants, 426.

liability of, for acts of agent in causing false arrest
and prosecution, 442.

equitable set-off of a debt due a corporation, 504.
consolidation of, 532.

CORRESPONDENCE, 12, 54, 80, 168.

COUNTIES,

liability of a, to a municipal corporation, for a
nuisance in the county court house, 178.
power of court to order repairs to county court
houses, 441.

the statute authorizing counties to offer rewards
for the detection or apprehension of persons
charged with a felony, does not authorize the
payment of such rewards until conviction, 490, 491.
COVENANT. See, also, DEED.

of warranty, 406.

distinctive characteristics, 406.
what constitutes a breach, 407.
liability of the covenantor, 408.
measure of damages, 410.

COURTS,

the clerk of the court cannot, in the absence of
statutory authority, adjourn the court to a future
day, 4.

consequence of the non-attendance of the judge of,

4.

where a person is tried and convicted at a time
when the court cannot be legally held, the pro-
ceedings are void, 4.

right of American citizen to sue foreign State in our
courts, 89.

CREDITORS' BILL,

against insolvent corporation, by simple contraet
creditors, 90.

CRIMINAL EVIDENCE,

admissibility of dying declarations, 180.
dying declarations, 353.

where a husband is indicted for willful and corrupt
perjury in making a false affidavit in a suit for
divorce against his wife the wife is a competent
witness for the State on the trial of such indict.
ment, 506.

CRIMINAL LAW AND PROCEDURE,

where a person is tried and convicted at a time
when the court cannot be legally held, the pro-
ceedings are void, 4.

the Monson criminal trial in Scotland, 21.

the subsequent ratification of an act of bailment by
the injured party will not bar a prosecution, 92.
apreal by the State in criminal cases, 149.

a government employee who has made an assign-
ment of his unearned salary, and has been ap-
pointed agent of the assignee to collect it, is not
guilty of larceny or embezzlement if he collects
and appropriates it, 158.

admissibility of dying declarations, 180.
the law of abduction, 184.

legality of fishing on Sunday on private grounds,
197.

CRIMINAL LAW AND PROCEDURE-Continued.

a contract which if genuine would be void as against
public policy may be the subject of forgery, 206.
what constitutes seduction under promise of mar.
riage, 222.

power to suspend sentence after conviction is in-
herent in every court of record having criminal
jurisdiction, 268.

where an escaped felon armed to resist arrest ex.
changes shots with persons whom he believed
were in pursuit of him, and one of the latter was
killed, he may be convicted of murder though he
was not the first to shoot, 287.

indictment for attempt to commit robbery is de-
fective which alleges that defendant put R "in
fear of immediate injury," instead of "in fear of
immediate injury to his person," 318.

dying declarations, 353.

solicitation to commit adultery is not an attempt to
commit adultery, 356.

suggested amendments in the laws of States au-
thorizing the arrest and detention of fugitives
from justice in anticipation of the executive de
mand, 358.

abuses in Missouri criminal practice, 421.

change of venue from one judge to another, 421.
justification for homicide committed in making ar-
rest, 425.

new trial on account of intoxication of a juror, 471,
473.

one who obtains possession of the watch of another,
knowing it to be stolen, and conceals his posses-
sion, with the intention of obtaining a reward for
restoration, is guilty of receiving stolen goods
under the statute, 487.

the statute authorizing counties to offer rewards
for the detection or apprehension of persons
charged with a felony, does not authorize the
payment of such rewards until conviction, 490,
491.

where a husband is indicted for willful and corrupt
perjury in making a false affidavit in a suit for
divorce against his wife the wife is a competent
witness for the State on the trial of such indiet-
ment, 506.

the offense of disobeying statutes, 510.
proof of value of bank check stolen, 530.

acceptance by a creditor of a preference in, 441.
DEPOSITION,

power conferred on officers taking depositions to
commit a witness for contempt for refusing to
answer, is not a judicial power within a constitu-
tional provision, 186.

when witness can decline to answer questions, 186.
DIGEST OF CURRENT OPINIONS, 13, 34, 55, 81, 103, 129
149, 170, 190, 210, 230, 252, 275, 299, 326, 346, 366, 388,
414, 434, 454, 473, 494, 516, 542.
DIRECTORS,

of insolvent corporations, power of, to prefer
themselves, 137.

DISBARMENT,

of attorney for fraudulent acts, 411, 412.
DIVORCE,

facts constituting desertion, 404.
DYING DECLARATIONS,

admissibility of, 180.

improper admission of, 353.

ELECTION,

the doctrine of election in equity, 24.

552

ELECTRICITY. See, also, NEGLIGENCE.
insurance of electric plant, 12.

duty of motormen of electric cars where horses are
frightened, 179.

EMPLOYER AND EMPLOYEE,

combination of employers to resist strike for in-
crease of wages, 197.

contract for services of a salesman in a store does
not imply a covenant by him to violate the law
by working on Sunday, 446.

power of legislature to restrict right of contract
between, 529.

EQUITY. See, also, INJUNCTION.

injunction to restrain the publication of biography
and portrait of public character, 2.

the doctrine of election in, 24.

general considerations, 24.

where the donor has no interest in the property
he assumes to dispose of, 26.

where the donor and donee each have a partial
interest in the property which the donor as-
sumes to dispose of, 26.
incidents of election, 28.

creditor's bill against an insolvent corporation by

simple contract creditors, 90.

equitable oyster stews, 102.

no jurisdiction where there is an adequate remedy
at law, 248, 250.

effect of laches in, 248.

the doctrine of laches, 502.

FALSE REPRESENTATIONS,

liability of mercantile agencies to subscribers for,

22.

as to value in sale of bonds or stock, 534.
FEDERAL COURTS,

necessity of an additional circuit judge in the
eighth federal circuit, 69.

the extent of the eighth federal judicial circuit, 69.
jurisdiction of suit in, between corporations created
by different States, 266.

residence of corporations within the jurisdiction
of, 266.

conflicting State and federal jurisdiction in the
matter of habeas corpus, 238.

residence of corporations sufficient to give jurisdic
tion to, 361, 365.

prosecutions in and fees of United States attorneys,
461.

FIELD, DAVID DUDLEY,

death of, 353.

FILLING BLANKS,

in mortgage, 227, 229.

the delivery, 50.

delivery to the donee, 72.

delivery to some one in trust for the donee, 73.

delivery to some one in trust for the donee to be

delivered after donor's death, 74.

continuous change of possession, 75.

delivery by delivering means of obtaining posses-
sion, 75.

prior possession and after-acquired possession,
76.

time of making delivery, 76.

delivery coupled with a trust, 76.

what constitutes undue influence in obtaining of,
482.

where a conveyance is made to husband and wife
jointly without limiting words, they take the es-
tate by entireties; yet if the conveyance is to
them expressly "in joint tenancy" they take as
joint tenants, 42.

how far contributory negligence of the wife de-
feats the husband's right of action for damages
for her injury, 442.

liability of married woman's separate estate for
debts of husband, 482.

wife as witness against her husband in prosecution
for perjury in making false affidavit to suit for
divorce, 506.

INJUNCTION-Continued.

to restrain the publication of a portrait, 2.
enjoining newpaper from republication of mis-
leading extracts, 285.

to prevent conspiracy to injure business, 422.
right to privacy, again, 452.

wil not lie to restrain expressmen and hotel run-
ners from congregating in front of a railroad pas-
senger station, 486.

INSANE PERSON,

when and under what circumstances may an in-
sane person be held upon his contracts, 224.

INSPECTION,

of the body in personal actions in England, 41.

INSURANCE,

on electric plant, 12.

validity of contract of insurance made by parol,
158.

authority of agents to waive payment in cash and
give time for payment, 158.

as a trade within the meaning of anti-trust law,
265.

what constitutes breach of condition in policy for-
bidding altering or repairing the premises with
out notice, 286.

INTERSTATE COMMERCE ACT,

what constitutes an interstate shipment within the
meaning of the, 43.

privilege of witnesses under the, 265.

scope of the powe to regulate commerce, 325.
compelling the attendance and testimony of wit-
nesses within the terms of, 501.

INTERVENTION,

in collusive litigation, 80.

INTOXICATING LIQUOR,

whether an orderly saloon which has been duly
licensed can be declared a nuisance, 137.
constitutionality of the Michigan "jag cure act,"

313.

legal status of lager beer, 373.

constitutionality of the dispensary law of South
Carolina, 373.

IOWA,

appeal by the State in criminal cases in, 149.
construction of statute of, making it a misdemeanor
to bring infected cattle into the State, 319.

JETSAM AND FLOTSAM,

12, 102, 149, 189, 325, 432, 452, 492.

JOINT TENANCY,

husband and wife as joint tenants, 42.

JOINT TORT FEASORS,

railroad companies whose trains collide by con-
current negligence are liable as, 71.

JOURNALISM,

liability of journalist to contributors, 69.

injunction of newspaper from republication of mis-

leading extracts, 285.

JUDGMENT,

validity of, where rendered by a court which cannot
be legally held, 4.

JURY,

intoxication of a juror, how far a ground for a new
trial 471, 473.

LACHES,

effect of, 248.

the doctrine of, 502.

LAGER BEER,

American and English Encyclopædia of Law, vol.
23, 387.

The Green Bag for 1893, 387.

Wood on the Law of Railroads, 413.
American Corporation Legal Manual, 413.
The Criminal Code of Canada, 433.

The Pattee Series of Illustrative Cases, 453.
Jones on Chattel Mortgages, 493.
McKelvey on Common Law Pleading, 493.
Clark's Handbook of Criminal Law, 493.
LAWYERS,

how to find the born lawyer, 149.
LEGISLATURE,

privilege of the members of, from service of sum.
mons in civil action, 117.

mandamus to the speaker of a legislative assembly,
467.

LIBEL,

privileged communications other than those of a
professional character, 200.

LICENSE. SEE INTOXICATING LIQUORS.
LIEN,

statutory lien upon grain for services, 12, 80.
LIFE INSURANCE

churches insuring the lives of the members of the
congregation, 157.

LIMITATIONS OF ACTIONS,

a narrative in a letter from one brother to another
of a purchase of land by the writer from the
other, more than ten years before, with the state.
ment "my intentions are true and faithful but my
abilities are rather cramped now until can sell or
make some money otherwise" is not a sufficient
acknowledgment or new promise to take a case
out of the statute, 10.

sufficiency of acknowledgment or new promise to
take case out of the statute, 11.
acknowledgment sufficient to remove the bar of
the statute, 275.

statute can be pleaded by a foreign corporation
which does business in the State in such a way
that service of process can be had on it under the
statute, 27, 277.

LIVERY STABLE KEEPER,

lien of, upon horses placed in their charge by other
parties than the owner, 270.

LOBBYING CONTRACTS, 23.-

lobbying contracts proper for procuring of op
posing legislation, 123.

legal status of, 373.

LANDLORD AND TENANT,

tenant may abandon his rooms and treat himself
as evicted where the landlord rents adjacent
rooms to disreputable characters, 402.

LARCENY. See CRIMINAL LAW AND PROCEDURE.
LAW,

as an uncertain science, 481.

contracts to prosecute claims against the govern

ment, 124.

contracts to procure a pardon or remission of sen

tence, 125.

contracts for procuring other modes of govern
mental action, 126.

LOTTERY,

validity of legislative act repealing grant of fran-
chise to, 91.

legislature has power to repeal the grant of a lot-