Actions; whether injuries both to person and to property constitute but one, or more than one, cause of action:-(I.) Scope of note; (II.) rule basing cause of action on the injury; (III.) rule basing cause of action on the act causing injury; (IV.) effect of statutes as to joinder of causes of action; (V.) effect of injury in different capacities, or to different parties Agister; waiver of lien of, by attachment or execution

Attachment; waiver of lien by Bankruptcy; life insurance as assets Banks; check or bill issued or indorsed to impostor; who must bear loss:-Theory of actual intent; impostor assuming to act as agent of payee; check or bill sent by mail; applicability of rule as to fictitious payees; theory of estoppel; suminary Carriers; waiver of lien of, by attachment or execution Certiorari; exceptions to the rule that

certiorari will not lie where there is an appeal :-(I.) Introduction; (II.) when exigency of the case calls for the remedy: (a) when remedy by appeal is undoubted; (b) where the remedies are cumulative; (c) want of jurisdiction; (d) where appeal is a trial de novo; (III.) constitutional grants and legislative encroachments; (IV.) from United States Supreme Court to circuit court of appeals Constitutional law; what service of

process is sufficient to constitute due process of law :-(I.) As basis of judgnient in personam: (a) against nonresidents: (b) against residents; (c) against corporations: (1) domestic; (2) foreign; (d) joint debtors; (II.) as basis of judgment in rem Contracts.

ANCE.

See also SPECIFIC PERFORM

Use of negatives or engraved plates without the consent of the party who has paid for the same Telegrams as writings to make a contract within the statute of frauds :(I.) Generally; (II.) parol evidence to explain; (III.) contract cases not referring to the statute of frauds; (IV.) is the message delivered to the telegraph company a contract? (V.) which is the original-the message delivered to. or by, the telegraph company? (VI.) summary

Privilege of using streets as a contract within the constitutional provision against impairing the obligation of contracts:-Use of streets for railroad or street railway tracks; water pipes and mains; gas pipes; telegraph and telephone lines; electric poles and wires; subway; other uses; necessity that privilege be accepted and acted upon; the doctrine questioned; when privilege invalid in whole or in part; capacity in which municipality acts in granting, revoking, or impairing the privilege Corporations; specific performance of contract to sell stock in

Due process in service of process on Right of directors who are also creditors of a corporation to enforce for their benefit the liability of stockholders to creditors

Engravings; right to use engraved plates without the consent of the party who has paid for making them Execution. See LIENS.

Insolvency; life insurance as assets of bankrupt

Insurance; divorce as affecting wife's right to insurance upon her husband's life :-Ordinary policies of life insurance; benefit certificates; character of divorce Forfeiture of benefit certificate by default of subordinate lodge Life insurance as assets of bankrupt or insolvent :-(I.) Scope of note; (II.) bankruptcy or insolvency of insured or assignor of policy: (a) policy payable at death of insured: (1) policy payable to insured or his estate or personal representatives; (2) policy payable to wife of insured; (3) policy assigned or made payable to creditor: (a) in general; (b) necessity of notice of assignment; (c) sufficiency of notice of assignment; (d) time of notice of assignment; (e) extent of creditor's interest; (4) policy assigned to other than creditors; (b) policy payable at specified date unless insured dies sooner: (1) policy payable to insured if living; otherwise to his estate or personal representatives; (2) policy payable to insured if living; otherwise to wife, child, or other relatives; (3) policy payable to wife

Master and servant; liability of serv
ant or agent for conversion, trespass,
or other positive act of wrongdoing
against third parties under orders of
his employer:-(I.) General rules;
(II.) trespass; (III.) assault, fraud,
and other wrongful acts; (IV.) conver-
sion: (a) agency no defense; (b) mere
deposit with agent; (c) mere trans-
portation by agent; (d) changing title 644
What servants are deemed to be in the
same common employment, apart from
statutes, where no questions as to
vice principalship arise:-(I.) Intro-
ductory: (a) scope of note; (b) gen-
eral statement of what constitutes
common employment; (c) common
employment a question of law when
the facts are undisputed; (II.) theory
that community of employment de-
pends solely on whether the delin-
quent servant's negligence was a risk
contemplated by the injured servant:
(a) generally; (b) diversity of du-
ties or departments not sufficient to
exclude defense of common employ-
ment; (c) contiguity a material,
though not decisive, factor; (d) illus-
trative cases of common employment :
(1) railway work: (a) servants work-
ing in the office departments and oper-
ating trains; (b) servants engaged in
handling the same train; (c) servants
working on different trains; (d) serv-
ants handling ordinary trains and
servants employed in the repair or
construction of the permanent way;
(e) servants handling work trains and
servants employed on the permanent
way in connection with such trains;
(f) servants engaged in handling
trains and in giving signals; (g)
servants belonging to regular train
crews and switchmen; (h) servants
handling cars and servants inspect-
ing or repairing them; (i) servants
handling trains and servants perform-
ing miscellaneous duties in yards;
(j) servants engaged solely in the
construction or maintenance of the
permanent way and its accessories;
(k) servants loading cars and serv-
ants handling them; (1) servants en-
gaged in loading cars and trackmen ;
(m) servants employed in the mechan-
ical departments: (2) occupations oth-

er than railway work: (a) servants
of municipal corporations; (b) serv-
ants in stores; (c) servants working
on stage coaches; (d) servants in
mills, factories, and similar estab-
lishments; (e) employees in lumber
yards; (f) servants working in quar-
ries; (g) servants working in or about
mines and similar work; (h) servants
engaged in building or equipping ships;
(i) crews of ships; (j) servants en-
gaged in loading and unloading ships;
(k) servants employed on structures
in course of erection; (1) servants en-
gaged in repairing plant; (m) serv-
ants operating hoisting apparatus, and
other servants in the same establish-
ment; (n) servants engaged inside
and outside of warehouses, factories,
etc.; (0) disconnection of duties,
when so great as to negative implied
acceptance of the risk of a fellow serv-
ant's negligence; (III.) theory that
common employment depends on iden-
tity of departments of work or con-
sociation of duties: (a) identity of
department as a test, generally; (b)
consociation of duties as a test of
common employment; (c) same sub-
ject continued; (d) relation between
the theories of nonassignable duties
and consociation of duties; (e) differ-
ence of identity of department, not
necessarily conclusive under the con-
sociation doctrine; (f) some secon-
dary results of the consociation doc-
trine have been noted in the deci-
sions; (g) consociation primarily a
question of fact for the jury; (h)
criticisms of the doctrine of consocia-
tion; (i) illustrative cases as to the
doctrine of consociated duties: (1)
railway work: (a) servants engaged
in office work and in handling trains;
(b) servants working on the same
train; (c) servants handling different
trains; (d) servants handling trains
and switchmen; (c) servants handling
trains and express and baggage men;
(f) servants handling trains and car
inspectors or car repairers; (g) serv-
ants handling trains and watchmen;
(h) switching crews in yards; (i)
servants handling trains and servants
loading cars; (j) servants handling
ordinary trains and servants employed
in the repair or construction of the
permanent way; (k) servants hand-
ling work trains and servants em-
ployed on the permanent way; (1)
servants engaged solely in the con-
struction or maintenance of the per-
manent way; (m) servants in the me-
chanical and in other departments;
(n) servants engaged in round houses
and the various shops; (2) occupa-
tions other than railway work: (a)
servants engaged in work on buildings
in process of erection; (b) servants
working on or about ships; (c) serv-

ants employed in coal yards; (d) serv-
ants employed in iron works; (e) serv-
ants employed in factories, etc.; (f)
servants engaged in mining work;
(g) servants employed in hotels; (h)
servants employed in mills; (i) serv-
ants employed in quarries and sewers;
(IV.) common employment, considered
with reference to the continuity of the
relation of master and servant: (a)
generally; (b) control by the master
at the time of the injury, the ultimate
determinative factor; (c) positions of
servants while being transported on
vehicles belonging to their employers;
(d) rationale of these cases; (e) pay-
ment or nonpayment of fare not neces-
sarily decisive for or against the serv-
ant's right to recover; (f) special bar-
gain, whether rights of a passenger
may be conferred by; (g) position of
servants while entering or leaving the
premises of their employers on foot
Mines; right of cotenant, agent, or person
standing in other fiduciary relation
to relocate a mining claim for his own
benefit to the exclusion of the other
party-Cotenant; agent; grantor or
mortgagor; conclusion

Veins intersecting, crossing, or uniting:
-Intersecting or crossing, generally;
necessity of adversing veins uniting;
conclusion

Lodes or veins within placer claims:-
(I.) Generally; (II.) when lode ex-
cluded from placer patent: (a) un-
known lodes; (b) known lodes: (1)
generally; (2) what constitutes knowl-
edge; character of vein or lode as
known: (a) belief; (b) necessity that
lode be previously located; (c) con-
structive notice; (d) character of
vein or lode as known; (3) to whom
known; (4) time of knowledge; (c)
presumption and proof as to knowl-
edge of vein or lode; (d) validity and
effect of express exception in placer
patent; (III.) entertaining applica-
tions, and granting patents, for lode
claims after issuance of placer pat-
ent; (IV.) width of lode claim; (V.)
adverse; effect of judgment in adverse
suit; (VI.) right to locate lode claim
before application for placer patent;
(VII.) miscellaneous
Mortgage; waiver of lien of, by attach-

ment or execution

417

184

209

289

714

Negligence. See ACTION OR SUIT.
Nonresidents; due process in service on 577
Photographs; right to use negative with-
out the consent of the party who has
paid for it

50 L. R. A.

Pledge; waiver of, by attachment or exe-

cution

Principal and agent; liability of agent
for conversion, trespass, or other posi-
tive act of wrongdoing against third
persons under orders of employer
Proceedings in rem; due process in
service in

Sale; waiver of stoppage in transitu or
seller's lien by attachment or execu-
tion

Schools; right of teacher to salary dur-
ing temporary interruption of school
in term time:-(I.) Epidemics and
sickness; (II.) buildings destroyed or
unfit for use; (III.) holidays; (IV.)
lack of funds; (V.) special contract
provisions

Specific performance; of contract for
sale of stock in corporation :-(I.)
Jurisdiction: (a) remedy at law; (b)
other property involved; (c) trust in-
volved; (d) mutuality of remedy; (e)
to enable the purchaser to secure con-
trol of corporation; (f) to indemnify
the vendor against liability on stock;
(II.) defenses: (a) uncertainty and
incompleteness of contract; (b) lack
of consideration; (c) lack of mutual-
ity; (d) fraud; (e) illegality of con-
tract; (f) claim that partnership
created; (g) laches or delay of party
seeking; (h) disposal of stock to other
persons; (i) change in value; (j) mis-
cellaneous; (III.) parties; (IV.) re-
lief; (V.) conclusion

Statute of frauds. See CONTRACTS.
Telegraphs. See CONTRACTS.
Towns. See LOCAL SELF-GOVERNMENT.
Trespass; liability of servant or agent

719

644

577

721

371

501

644

for, when acting under orders
Trover; liability of servant or agent for
conversion under orders of employer 644
Vendor and purchaser; waiver of
vendor's lien by attachment or execu-

tion
Waters; state and Federal ownership of:
-In general; public rights limited;
right to divert water in aid of naviga-
tion; illustrations of the limitations
on the powers of the trustee; effect of
constitutional or statutory assertion
of title to water; title as between state
and United States

Rights acquired in an artificial condition
of a body of:-Contract rights; artifi-
cial condition established by grant;
application of doctrine of riparian
rights; prescriptive rights; reciprocal
rights; changing channels; public
rights

397

717

737

836