When transfers are void as to creditors, Ibid.
Arbitration between members of, under by-laws,
164.

Liability of stockholders in private corporations
under the double-liability clause of the old con-
stitution of Missouri, and under the present
constitution, 178.

Action to recover assets of, must be brought in
name of corporation, 178.
Preferred stock, 178.

Organization of, in chancery court in Tennessee,
180.

When corporation is a necessary party in action
against trustees, 180.

Liability of members of, for civil wrongs commit-
ted by the corporation; article from the Solic-
itor's Journal in full, 236.

Preferred stock; agreements to pay dividend in
any event contrary to public policy and void;
construction of such a guarantee, 243.
Stock dividends capital, and not income, 403.
Contract by corporation in excess of power;
when corporation liable, 483.

If members of an old corporation form new one,
and convey property of old to new, this is
a fraud on creditors of old, 528.
Formed in California under general laws; at-
tempt of legislature to confer special privileges
on a corporation when formed, is void, 528.
Lien of, upon dividends to secure indebtedness
of stockholders, 575.

When return and cancellation of mortgages given
to secure stock subscriptions is a fraud upon
policy-holders, 615.

Rights of creditors against stockholders of insol-
vent corporation, for unpaid subscriptions; de-
fence-fraud in procuring stockholders to take
stock; laches of stockholders in discovering
such fraud. Farrer v. Walker, 670.
Contracts by corporations; doctrine of ultra vires,
745.

Personal liability of stockholders in private cor-
porations in Indiana, Wood v. Harrison, 782,

777.

Liability of stockholders in insolvent corporations

for subscriptions to stock obtained through
fraud; fraudulent representations as to assessa-
bility; what is meant by the term "nor-asses-
sable." Upton v. Trebilcock, 784.

Contracts limiting liability of stockholders, void as
to creditors. Ibid.

Foreign.

Act of Legislature recognizing, how construed.
Southern, etc., Tie Co. v. New Orleans, etc., R.
R. Co., 88.

When not an inhabitant of a particular federal
judicial district, Ibi 1.

Foreign corporations licensed by a state, on con-
dition of being sued in such state, not subject
to be sued in federal court of such state, Ibid.
Right of foreign corporations to purchase and hold
lands in Illinois. Carroll v. East St. Louis, 557.
Capacity to be sued admitted by general appear-
ance; can not impeach its own title, 599.
State regulation; unfriendly legislation against;
views of Mr. A. C. Blodgett of Philadelphia,
683.

COSTS.

Indemnity for costs of prior litigation, 629.
See also PARDON; BANKRUPTCY,
COUNTIES.

Suit by one county against another, for contribu-
tion for building bridge on county line, 68.

COUNTY-SEATS.

See ELECTIONS.

COURT OF CLAIMS.

Maintainable by assignee in bankruptcy without CURTESY.
judgment at law, 599.

CRIMINAL CONVERSATION.

Competency of testimony of plaintiff in actions
for, 102.

CRIMINAL EVIDENCE.

Quantum of proof to establish self-defence, 260.
When judgment will not be reversed because of
the improper admission of, 260.
Evidence of character of deceased for violence,
when admissible. Harbach v State, 414.
Evidence of threats of deceased towards defen-
dant, when admissible, Harbach v. State, 414.
Indictment for selling liquor to A., not sustained
by proof of sale to A. and B., 665.
Family reputation, 777.
CRIMINAL LAW.

Merger; civil and criminal proceedings against
the same person, 288.

Autrefois convict; separate conviction under
separate statute. Wemys v. Hopkins, 509.
Leasing of house for purposes of prostitution, 631.
CRIMINAL PROCEDURE.

[As to the sufficiency of indictments, see INDICT-
MENTS.]

In General.

Right of prisoner to list of witnesses, 97; U. S. v.
Southmayd, 286.

Number of peremptory challenges, 97.
Testimony of members of the grand jury, 97.
Discussing admissibility of evidence in hearing of
jury, 97.

Expert testimony, opinions founded on study
alone, 97.

Argument of counsel; right of counsel to be pres-
ent when the verdict is rendered, 260.
Right of accused person to list of witnesses, and
to minutes of testimony before grand jury. U.
S. v. Southmayd, 286.

Continuance, when properly refused, 305.
New trial; newly discovered evidence which is
merely cumulative, 305.

What offences may be prosecuted in the federal
courts by information. United States v. Max-
well, 314.

Special verdicts in criminal cases unauthorized;
prisoner entitled to general verdict. Under-
wood v. The People, 315.
Discharge of jury before verdict, effect of, 353.
Mode of empanelling a jury in a capital case in
Texas, Harbach v. State, 414.

Allowing jurors to take samples of liquor to jury
room to assertain whether it is intoxicating,
574.

When court may delay preparing bill of excep-
tions until after cause submitted to jury, 600.
When court may interrupt counsel to correct mis-
statement, 600..

Conpetency of juror who entertains settled opin-
ions, 679.

Recognizance.

When defeated by endowment of wife's mother,
467.

When is a child" born alive?" 467.
CUSTODY OF CHILDREN.

Rights of father and mother to custody of child
as against each other, 259.

CUSTOMS DUTIES.

Goods of similar description, 775.
DAMAGES.

In case of injuries through failure to keep bridge
in repair, 68.

In case of relocation of highway, 146.

In trespass for removing personal property, 147.
For wrongfully suing out injunction against work-
ing in a certain mine, 147.

Construction of the Missouri "damage act."
Connor v. Railroad Co, 197, 201, with note,
p. 204, commented on, 239.
Measure of, for non-delivery of personal prop-
erty, 323.

Measure of, in case of injury to unmarried fe-
male passenger, amounting to permanent dis-
figurement. Koch v. Oregon Steamship Co.,
473.

Two kinds of laws as to, one for the admiralty
courts, and one for the other courts, 517.
When railway companies are liable in punitive
damages. Doss v. Missouri, etc., Ry. Co., 539.
Indemnity for costs of prior litigation; article
from Solicitor's Journal, 629.

Where grantee of growing timber enters to re-

move same after lapse of reasonable time, 711.
Measure of, in trespass qu. cl. fr. for cutting down
and removing trees, 711.

DEDICATION.

Of ground for public square, 147.

Of streets, by making plats. Indianapolis, etc.,
R. R. Co. v. Hartley, 672.

DEEDS OF CONVEYANCE.
Acknowledgement of, by wife, 112.
Construction of, 388.

Words necessary to pass fee, 547.

When and how deed absolute shown to be a
mortgage, 679.

Proviso to erect mill; writ of entry by grantor for
failing to keep. 695.

Whether the word appurtenances in habendum
will pass easement, 695.

"Children," when a word of purchase, 695.
"Thence north on the easterly side of said road,"
held to locate line at center of road, 712.
Who alone may take advantage of defective ac-
knowledgement. Mastin v. Halley, 795.
Mistake in; failure to affix seal, relief in equity.
Mastin v. Halley, 794, 795.
Omission of grantee's Christian name; what des-
cription of grantee sufficient, 727.

DEFENCE OF PROPERTY.

Loss of goods through fraudulent misrepresenta-
tion; right of forcible recaption. Anderson v.
State, 159.

Killing vermin which destroy property, contrary to
game laws, 225.

792.

Pleading of county must be substantiated by, 792.
DIVORCE AND ALIMONY.

No defence that wife knew of adulterous acts and
connived at them, 147.
Mormon divorces; bill for divorce by polygam-
ous wife; denial of legal marriage by defendant,
but admission of a "celestial marriage;" award
of alimony pendente lite without proof of mar-
riage. Young v. Young, 204, 364.

The same case criticised, 200, 229, 293, 325, 369,
825.

Amount of alimony allowed. Young v. Young,

204.

Desertion; duty of wife to follow husband, 321.
Insanity after marriage no ground for, 404.
A Kansas divorce case, 517.

Husband's equity in wife's property in case of di-
vorce; alimony to husband, 563.

Alimony and custody of children; an Iowa de-
cision, 615.

When action for alimony can be maintained as
an independent action, 615.

DESCENT.

Under Indiana act of 1853, where husband parts
with title and dies, widow takes nothing. Bowen
v. Preston, 251.

In England, illegitimate child may take as next of
kin to his mother, 436.

DOGS.

Property in; power of municipal corporation to
compel dog-owner to take out license, 563.
DOWER.

[See also VENDOR AND PURCHASER.]
Rights of, in premises occupied by tenant under
unexpired lease, 112.

Right of attaches to accretions on husband's land,
227.

Widow's dower in mines, and how it may be as-
signed, 227.

Attention called to the case of Davis' estate, 36
Iowa, 24, and the necessity of legislation sug-
gested, 320.

Right of, in land sold before marriage, 677.
Relinquishment of; consideration for settlement,
678.

Effect of wife charging inchoate right of dower for
husband's benefit; same attaches to equity of
redempion, 725.

No dower in partnership real estate, 725.
DRUNKENNESS.

How affects crime, 451.

DUELLING.

Ineligibility to an office by reason of, 247.
"DUE RROCESS OF LAW."

See CONSTITUTIONAL LAW.

EASEMENTS.

See also PROFIT A PRENDRE.

Right of railway company to dig well, although
injury to adjacent spring result, 148.
ECCLESIASTICAL LAW.

Case of Speed v. McAuley, 5 Leg. Int. 398, com-
mented on, 698.

Donation of land for church edifice; right of
trustees to sell and rebuild elsewhere, Kilpat-
rick v. Graves, 787.

The celebrated Guibord case, 117. (For a full ac-
count of this case, see the Southern Law Review
for October, 1875.)

The New Hampshire church case. Hale v. Ever-
ett, 224.

Injunction bill by church trustees to restrain pas-
tor from officiating, 323.
Unincorporated religious society; succession of
property, where separation has taken place,
353.
Jurisdiction of courts in cases involving the suc-
cession of church property; will restrain its di
version contrary to law of church, 599.
EGYPT.

The new courts of, 680.

EJECTMENT.

Limitations; marital rights of wife in Indiana.
Bowen v. Preston, 251.

Evidence in; appointment of assignee in bank-
ruptcy under whom plaintiff claims, must be
proved, 631.

When outstanding title may be shown, 695.
Of what the defence may consist, under Oregon
code, 792.

ELECTIVE FRANCHISE.

Suggestion as to its restriction, 44. 55.
ELECTIONS.

Duties of officers of; conclusiveness of record of;
mandamus against town clerk, 97.
Frauds; numbering ballots; when court will throw
out entire return, 99.

Power of a (federal) court of equity to enjoin the
holding of, 197.

In Kansas, for removal of county seats; conclu-
siveness of; when majority of votes cast is suffi-
cient; "assessment rolls;" State ex rel. v.
Woodford, 818.

Effect, in Maine, of mistake, on ballots, of chris-
tian name of candidate, 840.
EMANCIPATION.

Right of emancipated slaves to fund arising from
their hire under will of their liberator, 598.
See also SLAVERY.
EMINENT DOMAIN.

Taking land for railroads; compensation must be
paid before entry; appeal by land-owner from
assessment of damages; when land-owner may
maintain ejectment. St. Joseph & Denver, etc.,
R. R. Co. v. Callender, 31.

Power of legislation to appropriate rural property
for a public park for the inhabitants of a city.
County Court v. Griswold, 56.

Power of courts to restrain legislature in exercise
of right of eminent domain. Ibid.
Legislature may not arbitrarily fix value of prop-
erty taken. Ibid.

Taking land for public park; vesting title in "the
" 'the
people of the county," instead of in
county." Ibid.

Assessment of damages, 99.
Evidence as to value, 631.
Evidence admissible to show that railroad has in-
creased value of land, 791.

Right of exercise of power of eminent domain; con-
clusiveness of judgment of court condemning
land; unauthorized occupation by railway com-
pany, 322.

General doctrine concerning the existence and
exercise of the power, 483.

Right of one railway company to condemn track
of another. Trustees v. Cin., etc., R. R. Co.,
809.

When bonds belonging to railroad company may
be condemned, 661.

EQUITY.

[See also LACHES.]

Will enforce proportionate liability of stockholder
of insolvent corporation. Pollard v. Bailey, 3.
Jurisdiction of a court of, to grant relief in case of a
forged or fraudulent will; no jurisdiction to
avoid will for fraud, mistake or forgery, Kiely
v. Glynn, 184.
Equitable jurisdiction of U. S. Courts not affected
by alteration of such jurisdiction in state courts.
Kiely v. Glynn, 184.

Equity has no jurisdiction where legal remedies
are adequate, 192.

Bill to cancel deed of homestead; burden of
proof, 192.

Power of court of equity to enjoin holding of
municipal election, 197.

When equity will set aside judgment founded on
gaming contract, 324.

Jurisdiction of a court of equity to settle rights
with regard to land in another state; decree,
how far binding on courts of such state, 354.
The doctrine of equitable relief against fraudulent
judgments and decrees, 371.

Case of mortgage of reversion by expectant heir
treated in equity as an unconscionable bargain,
420.

When will relieve against omission by mistake of
seal from deed of conveyance. Mastin v. Hal-
ley, 795.

ERRATUM.

In Terry v. Imperial Fire Insurance Company of

London, p. 459; the opinion is erroneously
credited to Judge Dillon. It was delivered by
Hon. G. C. Foster, District Judge.

ESTATES.

See CURTESY; LANDLORD AND TENANT; TEN-
ANTS IN COMMON.

ESTOPPEL.

State not estopped by mistake of its auditor in
stating tax collector's account, 259.
When acceptance by son of deed from father will
not estop son from claiming through mother,
449.

Doctrine and elements of estoppel in pais; fraud
and element of; doctrine of, does not apply to
state, 534.

Maker of note to third person in persuance of
agreement with second person estopped to as-
sert failure of consideration, 574.

Estoppel by registration, 666.

When municipal corporation estopped to deny
necessity of improving street. City of Hender-
son v. Sandifer, 767.

Estoppel by record; domestic judgment in person-
am, 778, 388.

EVARTS, HON. WM. M
Sketch of, 127.
EVIDENCE.

[See also CRIMINAL EVIDENCE; MONEY; RAPE;
WITNESSES ]

Burden of Proof.

In suit in equity, to cancel deed to homestead, 192.
Does not shift during trial, when, 806.
Custom or Usage.

Proof of, admitted to explain ambiguity; not to
contradict written contract. Hearne v. New
Declarations.
England Mut. Mar. Ins. Co., 60.

Of agent, after transaction resulting in personal
injury, not admissible to bind principal, 83.
Of possessor of real estate, competent for what
purpose, 711.

Declarations as to pedigree, 711.

Declarations as to occupancy and ownership,
when not admissible, 711.

To convert deed into mortgage, admissible, 67.
Or to show that absolute deed was made on
trust to reconvey upon demand, 306.
When previous agreement merges in written con-
tract, 403.

Testimony of notice admissible to explain failure
to affix seal to acknowledgment of deed, 449.
When verbal understanding between Catholic
bishop and priest can not be set up in defence
to a note secured by mortgage, 482.
Certain parol evidence to vary writing, and to
set up verbal release without consideration in-
admissible, 711.

Parol evidence not admissible to show agency of
person who executes instrument in his own
name, 727.

Subsequent parol contract may vary written one,
727.

Secondary.

When tenant's fixtures not lost by laches, 520.
Punishment by, 100.

Weight of

Miscellaneous Cases.

Confessions, 14.

Congress may pass exemption laws, impairing
obligation of contracts, 725.

None, in Indiana, in replevin; or for costs, 725,

EX POST FACTO LAWS.

Defined. United States v. Distillery, 749.
EXTRADITION.

The "Poland Gag Law" case; removal of a
person indebted for libel to the District of Co-
lumbia for trial. In re Buell, 309, 312.

FACTOR'S LIEN FOR ADVANCES.

Right of factor to sell and reimburse for expenses
and advances, 321.

FALSE IMPRISONMENT.

By mock judicial proceeding; measure of dama-
ges, 324.

FEDERAL, COURTS.

On application for injunction federal court bound
by state adjudications. Oliver v. Omaha, 772.
Organization of federal judiciary under judiciary
act of 1789; an examination of the merits of the
recent acts of Cougress extending the jurisdic-
tion of the courts, with some suggestions as to
the necessity of further legislation to remedy the
evils, 551.

FICTIONS OF LAW.

Article on, by Wm. M. Stanley, 582.
FIXTURES.

Removal of, by vendee, who has given mortgage
for purchase-money; liability of purchasers of
such fixtures; action to subject remaining prem-
ises to sale; joinder of purchasers as defendants,
34.

Right to remove trade fixtures, 147.

Sale of fixtures and assignment of lease; when
sale complete, 323.

Trade fixtures pass to mortgagee of leasehold in-
terest, 434.

Har

See also BANKS AND BANKING.
FORMER ACTION PENDING.

Plea, in federal court, of former action pending in
state court. Brooks v. Mills County, 719.

FRANC.

Value of the franc coin, 116, 322.

FRAUDS.

Lease procured by artifice void, 67.
Deceit; fraudulent representations; evidence of
scienter. Bannister v. Alderman, 75.
Studies in the law of the statute of frauds, 114.
What constitutes fraud and circumvention on ob-
taining execution of note, 164.
Insolvency and knowledge of purchaser of chat-
teis not fraud per se, 434.

Effect of fraudulent representations to agent of op-
posite party in making contract. 451
Effect of surreptitious dealing between one prin-
cipal and the agent of the other principal,
451-2.

Constructive notice in cases of fraud; article from
the Law Times. 510.

Where devisee induces testatrix or directs her not
to sign codicil, by agreeing to make conveyance,
equity will compel conveyance, 599.
FRAUDULENT SALES AND CONVEY-
ANCES.

Chattel mortgage, when constructively fraudulent;
possession of the goods; sale of same at retail,

227.

On bill to set aside and cancel deed, court may
decree reconveyance, 260.

Sale of personalty; possession must be changed
within reasonable time, 321.

When appropriation of assets by one partner in
payment of his private debts will be deemed
fraudulent, 353.

When conveyance of property of an existing cor-
poration to a new corporation is a fraud upon
the creditors of the old corporation, 528.
When, and when not voluntary conveyance from
husband to wife may be impeached as fraudu-
lent, 599.

Assignee in bankruptcy may impeach fraudulent
conveyance without judgment at law, 599.
FULLERTON, HON. WILLIAM.
Sketch of, 272.

GARNISHMENT.

Attachment by; duty of garnishee to notify court,
when the debt is exempt from execution. Pierce
v. Chicago, etc., Ry. Co., 377
Garnishment against corporation existing both
under laws of Wisconsin and Illinois; garnishee
suffers judgment without notifying court that
debt was exempt; debtor may recover against
garnishee. Ibid.

Duty of garnishee to notify.debtor of proceeding.
Ibid.

Right of a creditor to recover money paid by his
debtor as garnishee, 447.

GERMAN CRIMINAL LAW.

A singular instance of the working of, 68.
GERMAN EMPIRE.

Jurisdiction of consular courts of, in United States,

227.

GIFT.

[See also DEBTOR and CREDITOR.]

In lieu of bequest; when executors may recover
bequest on the ground that there has been no
acceptance of the bequest, 194.

Causa Mortis, requisites and proof of, 388.
Voluntary settlement, when not revokable, 402.
Gift; resulting trust; article from Law Times,
479

Voluntary conveyance with covenant to erect mes-
suage, 483-4.

GOOD WILL.

Sale of good will in business; seller may not send
out runners for himself; damages, 98.
Valuable article upon in American Law Register,
noticed, 115.

Concerning the movement of the so-called reform
association, having for its object an amendment
to the federal constitution, recognizing God and
the Christian religion, 86.

GOVERNMENT CONTRACTS.

Deficiency in amount of goods agreed to be
delivered; award of board of survey; effect of
refusing to object in time, 322.

GRAVES, MR. CHIEF JUSTICE.

Re-election of, as judge of Supreme Court of
Michigan without opposition, 261.

GUARANTEE OF ORDER AND REPUBLI
CAN GOVERNMENT IN THE STATES.
Review of an article on Mr. Justice Cooley, 19.

Widow's claim occupied by married son, insuffi-
cient, 83.

Wife's right to dower and homestead not barred
by fraudulent conveyance of husband, 86.
Waiver of homestead privilege, 113.
When homestead laws impair obligation of con-
tracts, 113.

What occupancy or possession will support home-
stead right, 147.

Burden of proof in suit to cancel deed to home-
stead, on ground that wife did not join therein,
192.

In the public domain; commutation by payment
of money under the 8th section of act of Con-
gress; entry of homestead in trust for another
forbiden; act to be liberally construed, 299.
Homestead law of Minnesota construed, 308.
Loss of homestead right by voluntary dispersion
of family, 355.

Whether widow is barred her allowance by ante-
nuptial agreement, 259.

Reduction to possession of wife's choses in action;
conversion, 467.

Married woman shipping goods may maintain
action against carrier in Illinois, 468.
Promissory note made by wife void in Indiana;
mortgage securing same executed by husband
and wife can not be foreclosed, 482.
Contract for married woman to pay for services of
attorney in procuring divorce not binding, and
not enforceable after discoverture, 484.
Liability of husband in Michigan for purchases
made by wife, 530.

Husband's equity in wife's property; alimony to
husband in case of divorce, 563.

Right of husband to wife's personality; vested
rights of husband, 563.

Right of husband to prefer his wife over other
creditors, 563.

Liability of husband for attorney's fees earned in
defending wife's divorce suit, 681.
Loan by wife to husband, 695.

Wife's equity; implied promise by husband to
pay wife, etc., 774.

IGNORANCE OF LAW.

Does not vitiate a contract, when. Upton v. Tre
bilcock, 784.

be prosecuted by. United States v. Maxwell'

314.

INJUNCTION.

[See SUNDAY; DAMAGES.]

To restrain exercise of trade when good will has
been sold. Harkinson's Appeal, 623.
INJURIES.

[See TORTS.]
INNKEEPER.

Lien of, on goods of guest. 302, 417.
None on goods of boarder, 615.
Responsibility of for theft of money of guest;
who is a boarder, and who is a traveler, 808.
INSANITY.

Quantum of proof to establish defence of in
homicide, 115; Com. v. Ortwein, 121, 678.
Effect of Tennessee statute requiring commit-
ment to insane asylum, 180.
Confinement of insane murderers; power of the
state to confine convicted criminals; "due pro-
cess of law." Underwood v. The People, 309,
315.

Note given to trustees by person of unsound
mind; effect of trustees incurring liabilities on
the strength of the note, 482.

Liability of bank which discounts note of luna-
tic; when executed contracts of lunatics will
not be disturbed. Lancaster, etc., Bank v.
Moore, 522.

Hearsay evidence of insanity not admissible.
Ibid.

Defence of in criminal trials, 634, 658.
Evidence to establish in murder cases, 678.

INSURANCE.

Authority of Agents.

To erase stipulation in fire policy, 353.
Responsibility of policy-holders for acts of agents;
article selecte from Irish Law Times, 318.
When acceptance of policy is ratification of act
of agent in executing premium note, 402.
Effect of agreement in policy that agent is agent
of insured, and not of company, 807.
Oral agreement of agent to waive objection on
account of other insurance, 708.
Agent may, after loss, fill up and deliver policy in
pursuance of previous parol agreement, Frank-
lin, etc., Co. v. Colt, 207, (with note).
But agreement of agent to insure without speci-
fication of premium rate or duration of policy
not binding; usage of company, 710.
Responsibility of insurance companies for frauds
of their agents; Lee v. Guardian Life Ins. Co.,
495; criticised, 545; defended, 566; attacked,
597. And see 131.

General agent may waive payment of premium in
money and take note, 598.

Fire.

Right of insured to make repairs, 131.
Loss by "military or usurped power," 131.
Insurable interest in trustee, 131.
Breach of condition that assured should keep the
chimneys, fire places, fire-boards, stoves and
pipes all well secured, 146.
Company may make valid parol contract, although
prohibited by charter. Franklin, etc., Co v.
Colt, 207, (with note by J. O. P., p. 208).
Agent may, after loss, fill up and deliver policy
in pursuance of previous parol agreement.
Ibid.

Action may be maintained thereon without man-
ual possession. Ibid.

Contract complete on delivery of policy, without
payment of premium, 321.

Condition against premises becoming vacant;
temporary vacancy. Kelly v. Home Ins. Co.,
478.

Fire policy by landlord; tenant liable notwith-
standing payment of loss, 529.

Liability of tenant for destruction by fire, 529.
Change of title which avoids policy, 710.
When parol agreement to pay specified sum in
liquidation of claim for loss will amount to
waiver of breach of warranty, 710.
Holder of warehouse receipt has insurable inter-
est in goods; sufficient to prove that goods
were in warehouse when it burned, 725.
Policy issued by foreign company having no
license to transact business in the state is void,
and no recovery can be had thereon, 599.
Insurance of mortgage interests; effect of sub-

sequent sale to mortgagee and extinction of
mortgage, 710.
Insurance of person who holds incomplete title
by virtue of sheriff's sale, subject to redemp-
tion; action on a policy providing that anything
less than an absolute interest must be specified,
807.

When creditor has an insurable interest in prop-
erty of debtor, 807.

"Two buildings "-these words a material repre-
sentation, when, and when not, 807.

Statement in fire policy as to title, which was held
breach of warranty, 807.

Misstatement of ownership; proof of loss, 807.

Life.

Nature of the life insurance contract; duty of com-
pany to keep it in force; remedy of insured,
where company wrongfully refuses to keep it in
force, 792.

Needful legislation, with reference to, 601, 633,
650.

Letter stating that insurance was effected for ben-
efit of certain parties does not create a trust en
forceable in equity, 775-

When beneficiary may not sue in his own name,
131.

Statement in preliminary proofs, how far conclu-
sive, 130.

No forfeiture of policy for non payment of inter-
est on loan note; policy deemed hypothecated
for such note and interest; when equity will re-
lieve against such forfeiture. St. Louis Mut.
Life Ins. Co., v. Grisby, 123.

Note by Judge Pierce criticising the above case,

125.

Right of insured to discontinue payment of pre-
miums to paid-up policy, without first paying
the note held by company for part premiums.
Dutcher v. Brooklyn Life Ins. Co., 153, (with
note by J. O. P.)

Non-payment of premiums during war do not in-
validate policy, when, 500.

Payment of premium; effect of endorsing one
third of premium as a loan on policy, 527.
Funds remitted, but lost in transit, premium held
paid, 225.

Payment of premiums; delivery of money to an
express carrier, 243.

Effect of late war on contracts of, 243
Reinstatement of forfeited policy, 130.
Stipulation that policy shall not be valid, in case
of non-payment of any part of premium, 148.
No forfeiture for failure to pay interest on premi-
um note. Northwestern, etc., Co., 567, with note
by J. A. F.; criticised, 618, 659, 666.
False answers, when conclusively material; not
necessary to allege that such answers are mate.
rial. Jeffries v. Economical Life Ins. Co., 344.
False representations, when avoid the policy. Lee
v. Guardian Life Ins. Co., 495.

Applicant bound, if he knows, or has opportunity
to know. Ibid.

When solicitor can not bind company by acts
done in excess of limitations printed on his
blanks. Ibid.

When acts of such agents will not bind principal,
Ibid.

Effect on validity of policy of frauds committed by
agent. Ibid.

Duty of company to resist fraudulent claim. Ibid.
Representations, when conclusively material; im-

material whether assured knew that they were
true or false. 563.

Effect of false answers in the application, written
by fraud of companies agent, 131.
Answers, when representations and not warran-
ties; interpretation of special answers, 710.
Warranty as to use of intoxicating liquors; death
by drugs prescribed by physician to cure drunk-
enness; liability where death is caused by neg-
ligence of nurse or physician, where patient has
delirium tremens; physician's statements of what
medicines he administered, when evidence, 806.
When contract is procured by fraud of agent,
beneficiaries not necessary parties in suit to re-
cover money back; right of recovery in such
case, 696.

Suicide; die by his own hand or act," 437.
Suicide; unintentional or accidental death; self
destruction in fit of insanity, Knickerbocker
Life Ins. Co. v. Peters, 651.

Marine.

Reformation of policy on ground of mistake.
Heame v. N. E. Mut. Mar. Ins. Co., 60.

Deviation; return of premiums; rule in equity.
Ibid.

Action against carrier, where insurer has paid
loss; assignment, subrogation and estoppel,
146.

Insurable interest of consignee, 194.
Detention of goods in beseiged town; abandon-
ment; "restraint of princes," 195.

Bill to charge insurance company for loss of
goods where agent fraudulently stated that the
goods were insured, 308.

Immaterial warranties in; article by J. O. P.,
453.

Reinsurance; not necessary to mention in policy
that it is a reinsurance. McKenzie v. Whit-
worth, 493; with note, 495.

Power of husband to dispose of life policy by
will. Williams v. Corson, 520.

Statute exempting it against debts does not alter
power. Ibid.

Insurance against war risks; vessel driven ashore
by gale and so captured, 529.

Owner of vessel chartered by government as-
sumes marine risks; wreck of vessel in fog un-
der extra hazardous circumstances; govern-
ment not liable, 529.

Stipulation against particular average; breaking
up of voyage; foreign adjustment, 530.

In case of goods ordered and shipped, when ac-
count is liquidated, so that interest may be
charged, 223-4.

Virginia act relieving against payment of during
the war, unconstitutional, 709.

INTERNAL REVENUE.

[See TAXATION.]

INTERNATIONAL LAW.

How far one nation may control internal laws of
another, 571.

Applicability of, to oriental nations, 745.
Is an ambassador or a foreign government who
deposits with a private banker, entitled to pref-
erence, in case of insolvency? 517.

INTERNATIONAL TRIBUNALS.

Paper of Dr. Miles on, read before Hague meet.
ing of Association for Reform and Codification
of Law of Nations, 634.

Conclusiveness of; res judicata, 82, 212.
Of special tribunals, 168.

When final, so as to be appealed from, 96.
Impeaching void decree; res judicata, 179.
Validity of decree founded upon publication, de-
fendant being within insurrectionary lines, 179
Failure of court to enter upon journal waiver of
trial by jury can not be objected to collaterally,
223.

Conclusive effect of judgment of federal courts
upon state courts, 226.

Res judicata; failure to make defence of payment.
Greenbaum v. Elliott, 439.

Lien of, how effected by stay laws, 449.
Judgment of court of claims conclusive upon of-
ficers of the government, 450.

Res judicata; effect of decree against infants,
547.

Conclusiveness of judgment against foreign cor-
poration, 563.

When not impeachable collaterally for fraud, 695.
Foreign.

In a suit upon the record of a judgment, no de-
fence that trial was by court without waiver
of jury; nor that jurisdiction was not acquired
in attachment suit if defendant appeared; nor
will fraud nor nil debet be a good defence,
450.

Conclusiveness of, 179.

JUDICIAL DECISIONS.

Sanctity of; views of Harper's Weekly, 525.
JUDICIAL KNOWLEDGE.
[See EVIDENCE.]

JUDICIAL LEGISLATION.

Comments upon the subject generally, 534.
JUDICIAL POWER.

[See CONSTITUTIONAL LAW.]
JUDICIAL SALE.

When notice of claim is imparted to judgment-
creditor by possession, where there was a mis-
take in the original deed of conveyance, 227.
Purchase by administrator at his own sale; when
transaction is upon its face fraudulent and void,
259.

Sheriff's sale, where title of purchaser contains a
pact de non alienando, 371.

Sale under decree; opening biddings; reserved
price fixed by trustee, who is also agent of pur-
chaser; fraud or improper conduct in manage-
ment of sale, 420.

When land may be sold en masse, 436.
Director of railway company purchasing road at
judicial sale chargcable as trustee for company,
598.

Case presenting important questions regarding
the right of purchasers at execution sales; par-
tition; redemption, 727.

JURISDICTION.

[In Bankruptcy, see BANKRUPTCY. Of state
courts where proceedings in bankruptcy have
been commenced, see BANKRUPTCY; of Su-
preme Court of United States, see SUPREME
COURT OF THE UNITED STATES; of Federal
Courts in certain cases, see REMOVAL OF
CAUSES; of courts of equity, see EQUITY]
Of Probate Court of Utah. 15. 370.

Of courts of Iowa, and offences committed on
boats in Mississippi river, 146.

Of federal courts over assets of deceased person,
179.

Equitable jurisdiction of U. S. courts not affected
by alterations in such jurisdiction in state courts.
Kiely v. Glynn, 184.
Jurisdiction of consuls-general of German Em-
pire, in criminal cases, 197.

Power of federal court to enjoin holding of elec-
tion, 197.

"An act to determine the jurisdiction of the Cir-
cuit Court of the United States, and to regulate
the removal of causes from state courts, and for
other purposes." 209; commented on, 274:
expounded, Osgood v. Chi., D. & V. R. R.
Co., 275.

Decisions of federal courts on commercial ques-
tions not affected by decisions of state courts,
243.
Punishment in state courts of perjury committed
in federal courts. Ex parte Bridges, 327. S. C.,
on appeal, 368.

Of the control exercised by superior courts over

the decisions of domestic tribunals; judicial
control of horse racing, 385.

Power of federal circuit courts to enjoin state
boards of immigration, notwithstanding deci
sion of state supreme court, 405.
Of civil courts in church cases, 599.
Citizen of territory can not sue citizen of state in
federal court, 647.

KANSAS PACIFIC RAILROAD CO.

Right of government to recover 5 per cent, of net
earnings of; same recoverable in action at law.
United States v. Kansas Pacific R. R. Co., 801.
KENEALY, DR.

Feeling with reference to his disbarment, 116.
His election to parliament, 196.

LACHES.

Relief in equity against forged or fraudulent wil
where delay is produced by ignorance of testa-
tor's death; when ignorance of fraud will not
excuse delay. Kiely v. Glynn, 184.
Not imputable to the state. 259.
LACKLAND, HON. JAMES R.
Sketch of, 715.

LARCENY.

Breaking railway car with intent to steal; evidence;
larceny on railway car by brakeman, 260.
LAND LAW.

French grants; title of early inhabitants of the
Northwest Territory. Langdeau v. Hanes.
229, 231, 246, 288. 304. 341, 350, 386, 387. 446.
Confirmation by Congress good against subse-

quent grant, 321.

Office and effect of a confirmation, and of a pat-
ent. Langdeau v. Hanes, 231.

Contest as to right to acquire public lands; who
has best right, 521.

When courts will review decisions of land officers,
527.

Power of Commissioner of Land Office to re-
call and cancel patent after transmission to local
office. LeRoy v. Jamison, 685.
Spanish grants; title by adverse possession; the
rule in Gibson v. Chouteau, McReev. Copelin,
813.

Comments on a bill introduced into the Missouri
legislature to change the rules of evidence with
reference to, 134, 166,

The rule in Gibson v. Chouteau; decision by
Judge Jones of Saint Louis Circuit Court in
Hammond v. Coleman, 359.

LAND GRANTS.

[See EQUITY.]

LANDLORD AND TENANT.
[See also FIXTURES.]
Landlord's lien, 42, 50.

Tenant may not dispute landlord's title, but may
show that it has terminated. St. John v. Quit-
zon, 89, and see 96, 146.
What right passes under lease; right of posting
bills on wall, 225.

Rent payable in produce; when distress will lie,

II2.

Tenant holding over and paying rent under pro-
test, because repairs are not made, 402.
Rights of lessee of stalls and boxes in a theatre,
where old one is burnt down and new one built,
451.
Liability of lessor of railroad company for torts
happening through management while leased,
574-

Lessee must eject trespasser, and must pay rent
unless evicted, 726.

Lien to secure advances takes precedence of lien
for rent, 774.

LAW AND EQUITY.

Comments on the separation of the two systems,
485.

LAW JOURNALS.

Case reporting in, 357.
LAW REPORTS.

[See REPORTS Of Judicial DeciSIONS.]
LEGACIES.

Sale of contingent interest in, 661.