CONTRACT-Continued.

the boundary of legitimate competition, 302.
an offer to sell property at a certain price, made by
a sealed instrument of writing, is irrevocable
during the time limited in such instrument of
writing, 306.

the elements of an option, 306, 307.

when do option contracts become enforceable, 307.
withdrawal of options, 307.

rights of holder of option, 308.

right of infant to avoid contract, 309.

trade unions-maliciously inducing third persons
to break their contracts, 311.

where a party is legally bound by contract to exe-
cute certain papers, but refuses to do so unless
the other party to the contract will enter into
further agreements and promises, such other
agreements and promises are without considera.
tion, 319.

facts upon which to determine whether a guaranty
or a contract, within the statute of frauds, 379.
validity of contract by candidate to appoint cer-
tain deputies, 397.

liability of decedent's estate for services by one of
the members of the family, 439.

not to engage in the livery and undertaking busi-
ness in a certain city for the period of five years,
is not invalid as being in restraint of trade, 479.
the meeting of the minds in contract, 484.

under the law of what State a contract is to be de-
termined as being within the statute of frauds,
495.

creation of a monopoly to unduly restrict or limit
competition or business is in contravention of
public policy, 502, 504.

validity of contracts in restriction of trade, 504.
CONTRIBUTORY NEGLIGENCE. See, also, NEGLI-

GENCE.

forgetfulness of defect in a street, theretofore
known to the injured party, how far constitutes
contributory negligence, 57, 58.

forgetting the existence of defect in highway, as,
189.

CORPORATION,

gradual abandonment of the "trust fund" theory,
60.

provision that stock should be transferable only
on the books of the company is for the protection
of the company only in the payment of dividends,
and does not entitle the corporation to set off
dividends due a stockhoider in payment of a debt
due the corporation where it had actual notice
of the transfer of stock, 260.

may not apply the dividends due to an individual
stockholder to the payment of a debt due to the
corporation from a partnership of which the
stockholder is a member, 260.

the appointment of proxies and revocation of their
powers, 343.

effect of false representations in the sale of corpo-
rate stock, 367, 370.

effect of issue and sale of stock below par, 438.
preference to directors by an insolvent corpora
tion, 438.

whether constitutional provisions as to liability of
stockholders, are self-executing, 475.
service of process on, 497.

CORRESPONDENCE, 13, 40, 121, 141, 181, 201, 270, 289, 312,
391, 428, 449, 484.
COUNTIES,

not subject to garnishment, in the absence of stat-
ute, 113.

a county or municipality, which has paid a salary
to a defeated officer who performs the duties of
the office, under color of title, while the right to it
was in litigation, cannot be held liable therefor
to another who may thereafter establish his title
to the office, 301.

COURTS,

privilege of attorney from service of subpoena
while attending court, 154.

citing American precedents in English courts, 317.
misconduct of trial judge in remarks to the jury,
475.

oral instructions to juries, 493.
CREDIT INSURANCE,

contract by which a corporation undertakes, in
consideration of premiums paid, to indemnify
the other party to the contract against losses by
uncollectible debts, is not a contract of surety.
ship, but of insurance, 170.

CRIMINAL LAW AND PROCEDURE,
constitutionality of statute Imposing costs upon
the prosecutor in cases where prosecution has
been instituted without probable cause, and ma-
liciously, 2.

effect of undue expedition in bringing accused
murderer to trial, 29.

burden of proof where the defense of insanity is
interposed, 49.

evidence of good character in criminal cases, 93.
the offense of blackmail, 94.

responsibility for crime induced by a detective, 110.
confessions in perjury, 141.

evidence sufficient to constitute lascivious cohab-
itation, 151.

right of the State to seize the papers of a defendant
for use as evidence, 171.

governor of State, whether subject to criminal
jurisdiction, 181.

declarations of the deceased in homicide case, as
part of the res gestæ, 239.

what constitutes a common cheat or swindler, 277.
ownership of the property as an element of the
crime of arson, 286.

what constitutes the crime of arson, 286, 288.
one tried without the plea of former jeopardy, can-
not for the first time raise the question of former
acquittal on motion for new trial, 299.
validity of verdict of jury given in the absence of
defendant, 318.

error to instruct that malice is implied from the
fact of killing, especially where the killing is ad-
mitted and the evidence for defendant tends to
show that it was done under circumstances of
considerable provocation, 360.

the reading in evidence, against the accused, on
his trial, of depositions used in a former trial, is
improper, 398.

under a clause of statute providing that any per
son obtaining "money or property" by false pre-
tenses, is punishable to the same extent as for
larceny, a person so obtaining land is not punish-
able, 420.

liability for sending threatening letters by collect-

DECEIT,

an action of deceit may be based on the act of buy.
ing goods on credit with the intention not to pay
therefor, 266.

definitions of, 268.

implied false representations, 268, 312.

presumption arising from the act of purchasing
goods by an insolvent, 269.

action for inducing one to enter into a marriage
contract, by the false representations of another
as to the virtue and respectability of a woman,
357.

effect of false representations as to the dividend on
value of corporate stock in a sale thereof, 367,
870.

DEED,

effect of a conveyance of homestead, without ac
knowledgment, 12.

validity of, where acknowledgment is taken by a
notary public, who is an attorney for the mort-
gagee, 12.

the holder of a quitclaim deed is entitled to be re-
garded as a bona fide purchaser for value, without
notice, and will be protected as against a prior
but subsequently recorded warranty deed, 31.
construction of covenant as to building restric
tions, 170.

enforcement of building restriction in, requiring
the property to be used for "dwelling purposes
only," 328.

restrictions in, 330.

the holder of a quitclaim deed, properly recorded,
who purchased in good faith and without notice
of a prior unrecorded conveyance, takes the title
in preference to the grantee under such unre-
corded conveyance, 341.

a good and marketable title, 346.
acknowledgment of, before a person related to the
grantor or interested in the conveyance, is not
ipso facto void, but voidable, 380.

validity of the Illinois land transfer act, 437.

DESCENT AND DISTRIBUTION,

rights of an adopted child, 278.

DEVISE. See WILL.

ELEVATORS-Continued.

tenants in common, 285.
injuries to employees, 286.

EMINENT DOMAIN,

damages for injury to land caused by the construc-
tion of sewer, 210.

EQUITY,

will not lend its aid to a member of an unlawful
combination, to enable him to retain his member-
ship therein, 399.

ESTOPPEL,

estoppel of property owner to attack the validity
of proceedings involving public improvements,
244.

the equity of, 247.

what action induced by conduct will suffice to
estop, 247.

the effect of silence, 247.
by conduct, 247.

EVIDENCE,

the admission of testimony from a former trial
when the witness is absent, 52.

evidence of good character in criminal cases, 93.
unlawful entries by third persons, 114.

the character of a witness cannot be impeached by
showing her to be of probably unchaste char-
acter, 118.

admission of testimony from a former trial, 121.
confessions in perjury, 141.

admissibility of evidence illegally obtained, 171.
the right of a party to impeach his own witness,
174, 290.

proof of death by general reputation, 238.

how far declarations of deceased in a homicide
case are admissible as res gestæ, 239.

refusal of witness to answer incriminating ques-
tions, 277.

reform in expert testimony, 297.
the law of expert testimony, 321.

admissibility of declarations of voters at the time
of voting, as to residence, 387, 389.
proof of foreign laws, 398.

the reading in evidence, against the accused, on his
trial, of depositions used in a former trial, is im-
proper, 398.

right of witness to refuse to answer, 449.
EXECUTION,

levy on personalty as satisfaction-stay of col-
lateral and other action, 241.

execution levy as satisfaction, 241.

rule operates as between the immediate parties
to the judgment or execution, 242.
extension of the rule-suspension of action
against third persons, 242.

a levy or technical satisfaction is not payment,
243.

stay of proceedings but not a bar, 243.

the creditors of a fireman cannot by proceedings
supplementary to execution reach the wages due
him from a municipal corporation for services as
such fireman, 478.

can judgments be sold under attachment or execu-
tion, 480.

EXPERT TESTIMONY,

payment of expert witness fees, 177, 178.
reform in, 297.

facts upon which to determine whether a guaranty
or contract, within the statute of frauds, 379.
HOMESTEAD,

validity of deed of, without acknowledgment, 12.
HOMICIDE,

presumption of malice in cases of, 360.

right of self-defense and duty to retreat in cases of,
494.

HUMORS OF THE LAW, 121, 160, 313, 332, 428.
HUSBAND AND WIFE,

liability of the husband for torts of the wife, 50.
father-in-law not liable to his daughter-in-law, for
alienating her husband's affections, if he acted in
good faith for the happiness of his child, 118.
liability for alienating conjugal affections, 119.
the wife cannot be joined in an action for slander-
ous words spoken by the husband, 149.

right of husband to alimony, 317.

a debtor cannot be compelled to work for his
creditors, but if he puts his latent property earn.
ing ability into action, equity will apply any
property created to the payment of his debts, 444,
448.

rights of creditors of husband to accretions result-
ing from employment by the wife of the husband
in her business, 444, 448.

ILLINOIS,

validity of the law of, requiring the raising of flags
over school houses, 149.

the alien land laws of, 211.

validity of the Torrens land transfer act in, 437.

IMPEACHMENT,

of a witness on account of character, 118, 120.

the right of a party to impeach his own witness,
174, 290.

INDIANA,

rights of infants in, 121, 191.

INDIANS,

federal jurisdiction within the Cherokee nation,

29.

INFANT,

rights of infants in Indiana, 121, 191.
right of, to avoid contracts, 309.

INJUNCTION,

against picketing by strikers, 457, 464, 465.

the maintenance of a patrol of two men in front of
plaintiff's premises, in furtherance of a con

INJUNCTION-Continued.

spiracy to prevent whether by threats and in
timidation or by persuasion and social pressure
any workman from entering into or continuing
in his employment, will be enjoined though such
workmen are not under contract to work for
plaintiff, 464, 465.

INSANITY,

burden of proof in homicide cases, 49.

validity of promissory note of one non compos men-
tis, 89.

as a defense in actions for negligence, 109.
INSOLVENCY,

where one of the partners of a firm doing business
in a State, to whom a citizen of the State is in-
debted, is a resident of another State, a discharge
of the debtor in insolvency, by a court of the
State, does not affect the debt due the firm, 458.
INSOLVENT CORPORATION. See CORPORATION.
INSTRUCTIONS. See TRIAL.

INSURANCE. See, also, FIDELITY INSURANCE, CREDIT
INSURANCE.

stipulations in policies against additional insur.
anee, 134.

vendee of land, under an executory contract of
purchase, is an owner in fee simply within the
condition of policy as to ownership, 210.
the expert in, 327.

effect of subrogation clause in a contract of, 359.
INTOXICATING LIQUORS,

liability for illegal sale by agent, 149.
survival of action under civil damage law, 391.
JETSAM AND FLOTSAM, 60, 100, 120, 180, 308, 331.
JOINDER OF ACTIONS. See ACTION.

JOINT TORT-FEASORS,

liability for contribution between, 50.
JUDGMENT,

defense of want of jurisdiction of the foreign court,
where suit is brought upon a foreign judgment,
30.

collusive petition to vacate a, upon the allegation
that the cause was fictitious, 190.

validity of judgment by default against defendant
in an action where there is a mistake in the sum
mons in christian name of one of the plaintiffs,
358.

are judgments quasi negotiable, 440.

can judgments be sold under attachment or execu.
tion, 480.

the maintenance of a patrol of two men in front of
plaintiff's premises, in furtherance of a conspir-
acy to prevent, whether by threats and intimida.
tion, or by persuasion and social pressure, any
workman from entering into or continuing in his
employment, will be enjoined though such work-
men are not under contract to work for plaintiff,
464, 465.

LABORER'S LIEN. See LIEN.
LANDLORD AND TENANT,

liability of owner of premises to guest of tenant
for injuries caused by dangerous premises, 32.
liability of landlord for injuries to visitors to ten-
ants occasioned by dangerous premises, 138, 140.
removal of trade fixtures by tenant, 308.

a provision in a lease for a term of years that the
"lessee shall not assign this lease or let, or under-
let said premises on any part thereof, without the
written consent of the lessor," is violated by a
voluntary assignment by the lessee for the bene-
fit of creditors, 494.

LAW BOOKS,

Book Reviews, Digests,

American State Reports Digest, vols. 1 to 24, 485.

Book Reviews, Reports,

American State Reports, vol. 47, 61.
American State Reports, vol. 48, 290.
American State Reports, vol. 49, 391.
American Electrical Cases, vol. 5, 485.
Book Reviews, Text Books,

Hale on Bailment and Carriers, 40.
Whitaker's Smith on Negligence, 40.
Reno's Employer's Liability Acts, 41.
Rood on Garnishment, 101.

Bump on Fraudulent Conveyances, 201.

Maupin on Marketable Title to Real Estate, 224.

Reid on Corporate Finance, 290.

Smith's Elementary Law, 290.

Beach on the Modern Law of Contracts, 409.

Hale on Damages, 428.

Trial Practice in South and North Dakota, 428.

Evidence at Common Law, 428.

Jones on Real Property, 428.

The Law of Elevators, 485.

Hopkins of Real Property, 485.

LAWYER,

disbarment for professional misconduct involving
indictable offense, 401.

LEGAL REPORTING,

proper scope of the doctrine of stare decisis, 397.
LIBEL,

inducing the publication of a, 49.

liability for libelous telegraph message, 93.

liability of the editor and publisher of a newspaper
for, 150.

the question of what is a libel is a question of law
to be determined by the court, 279.

LIEN,

who entitled to a livery man's lien, 31.

upon a horse for labor and skill bestowed by the
trainer, 94.

priority of, of keeper of animals, over chattel
mortgage placed on same, 110.

whether a clerk is a laborer, within the meaning of
statutes giving a lien to the latter or exempting
their wages from garnishment, 318.

LIVERY MAN'S LIEN,

who is entitled to, 31.

LOTTERY,

unlawful use of the mails for the purpose of a lot-
tery, 318.

MALICE. See CRIMINAL LAW AND PRocedure.
MARRIAGE,

action for inducing one to enter into a marriage
contract, by the false representations of another
as to the virtue and respectability of a woman,
357.

MASTER AND SERVANT,

.

the fellow-servant rule in federal courts, 89.
servant employed to assist in the erection of a
building, who, in the ordinary course of such em-
ployment is placed in a position where danger of
personal injury is obvious, though acting under
the direct orders of a superior, assumes the risk
of such position, 90.

master not liable for vindictive or punitive dam-
ages on account of malicious acts of servant, un-
less same was authorized or ratified, 112.
the general servant of one master may become the
special servant of another, 152, 310.

Hlability for malicious Interference procuring dis-
charge of servant, 222, 223.

implied obligation to pay for services not ex-
pressly contracted for, 259.

the boundary of legitimate competition, 302.
the servant of one master as the special servant of
another, 310.

fellow-servants within the rule of liability, 438.

MASTER AND SERVANT-Continued.
employer must [see that the place in which his
employee is to work is reasonably safe, 438.
MECHANIC'S LIEN,

one who agrees to furnish certain mantel tiles and
grates and the appurtenances thereof, and to de-
liver and set them in position, is a material-man
and not an original contractor, 278.

priority of mortgages over mechanic's liens, 482,
483.
MONOPOLY,

combinations and monopolies unlawful and void as
against public policy, 399.

creation of a, to unduly restrict or limit competi-
tion or business, is in contravention of public
policy, 502, 504.

MORTGAGE,

constitutionality of grant of right of mortgage re-
demption, which is retroactive, 1, 13.

validity of, where the acknowledgment is taken by
a notary public who is attorney for the mort-
gagee, 12.

validity of stipulation for payment in gold coin, 69.
personal liability of grantee of mortgaged premises
to pay the mortgage, 169.

personal liability of the grantee of mortgaged
premises, 270.

negotiability of mortgage promissory notes con-
taining extraordinary stipulations, 337.

liability of a grantee who assumes the payment of
a mortgage on land conveyed to him, depends
upon the personal liability of his immediate
grantee, 418, 428.

priority of, over mechanic's lien, 482, 488.
MUNICIPAL BONDS. See MUNICIPAL CORPORATION.
MUNICIPAL CORPORATIONS,

effect of change of route upon the validity of mu-
nicipal aid bonds issued in behalf of railroad
company, 2.

deposit accompanying sealed bid under a contract
of a municipal corporation, how far a penalty in
the hands of the corporation, 3.

how far forgetfulness of defect in a street is evi-
dence of contributory negligence on the part of
one injured, 57, 58, 189.

liability of, for defective waterworks, causing
damage by fire, 90.

easement in a public street includes the right to
construct sewers beneath the surface, 130.
liability of, for damages occasioned to abutting
land from the construction of a public sewer, 130.
forgetting the existence of defect in highway, as
contributory negligence, 189.

liability of, for damages causing injury to land,
from loss of lateral support, caused by the con-
struction of sewer, 210.

agricultural lands brought within the corporate
limits of a town by the extension of such limits,
are subject to taxation, though not strictly
urban property, 240.

estoppel of property owner to attack the validity
of proceedings involving public improvements,

244.

though a city charter requires contracts to be let
to the lowest bidder, .the lowest bidder under a
contract proposed to be let by it, whose bid has
been rejected, has no right of action at law
against the city to recover the profits which might
have been made had his bid been accepted, 258.
limitations on municipal indebtedness, 270.

a colt three months old, following its dam, driven
to a wagon through the streets, is not "running
at large," within city ordinance, 281.

a county or municipality, which has paid a salary
to a defeated officer, who performs the duties of
the office, under color of title, while the right to
it was in litigation, cannot be held liable there-
for to another who may thereafter establish his
title to the office, 301.

liability to guest of tenant for the escape of dan-
gerous substance on premises, 32.
comparative negligence in Ilinois, 40.

liability of the husband for torts of the wife, 50.
liability for contribution between joint tort-feasors,
50.

the law as to railway fires, 71.

liability for, in excavating on ground causing
damage to adjoining property owner, 97, 99.
insanity as a defense in case of, 169.

liability of landlord for injuries to visitors to ten-
ants occasioned by dangerous premises, 138, 140.
in the maintenance of electric wires, 180.
liability of proprietor of bathing resort for dam-
ages occasioned by failure to use proper precau-
tions, 190.

liability for, in the construction, management and
operation of elevators, 283.

liability for damage done by dogs, 458.

NEGOTIABLE INSTRUMENT,

the general rule as to the validity of a promissory
note of a person non compos mentis, 89.

checks in full payment, 100.

indorsement of a bank draft by the payee to the
order of a fictitious person, is not in law an in-
dorsement to bearer, and the indorsement of the
name of the fictitious indorsee, by a third person,
without authority, is a forgery, and does not pro-
tect the bank in payment of the draft, 192.

a note payable "with exchange and cost of collec-
tion," is not negotiable, 210.

negotiability of mortgage promissory notes con-
taining extraordinary stipulations, 337.

what constitutes such an alteration of a note as
will prevent a recovery thereon, 405, 407.
are judgments quasi negotiable, 440.

extent of the liability of a public treasurer, 149, 189.
governor of State, whether subject to criminal ju
risdiction, 181.

assignment of salary or compensation for future
service not yet payable, contrary to public policy
and vold, 262.

a county or municipality, which has paid a salary
to a defeated officer who performs the duties of
the office, under color of title, while the right to
it was in litigation, cannot be held liable there-
for to another who may thereafter establish his
title to the office, 301.

contract by candidate to appoint certain deputies,
void as against public policy, 397.

OKLAHOMA,

reform in the matter of procuring divorces in, 493.
OPTION. See CONTRACT.

PARENT AND CHILD,

right to maintain action for loss of services by the
child, 69.

right of action for damages caused by employment
of minor in dangerous employment, 70.

PARTNERSHIP,

where one of the partners of a firm doing business
in a State, to whom a citizen of the State is in-
debted, is a resident of another State, a discharge

PARTNERSHIP-Continued.

of the debtor in insolvency by a court of the
State does not affect the debt due the firm, 458.
PATENTS FOR INVENTIONS,
patent experts, 328.

PAYMENT,

of mortgage in gold coin, validity of stipulation, 69.
contract of, in a specific kind of money,
155.
PERJURY,

confessions in, 141.

POST OFFICE AND POSTAL LAWS,

unlawful use of the mails for the purposes of a lot.
tery, 318.

PRINCIPAL AND AGENT,

liability of the principal for the malicious acts of
the agent, 112.

if an agent sell property of his principal and take
an order on a third person in his own name, the
order is the principal's property and the princi-
pal may compel the third person to pay it, and
the third person cannot set off a debt of the agent
due him against the order, 262.

the appointment of proxies and the revocation of
their powers, 343.

PROCESS,

substituted service-the jurisdictional effect of
service on the person in another State, 35.
privilege of attorney from service of subpoena
while attending court, 154.

validity of judgment by default against defendant,
notwithstanding a mistake in the summons in
the christian name of one of the plaintiffs, 358.
service of, on corporations, 497.

PUBLIC POLICY. See CONTRACT.
QUITCLAIM DEED. See DEED.
RAILROAD COMPANIES,

effect of change of route upon the validity of mu-
nicipal bonds issued in behalf of, 2.

the law as to railway fires, 71.

railway companies insurers against the escape of
fire, 71.

presumption of negligence from the communica-
tion of fire, 74.

when this presumption deemed rebutted, 76.
other questions of evidence in these cases, 76.
liability of electric street railway for the negligence
of conductor, causing injury to bystander, 92.
not liable for vindictive or punitive damages on
account of malicious act of agent, where the same
was not authorized or ratified, 112.
validity of "separate coach" laws, 129.

validity of State enactment prohibiting running of
railroad trains on Sunday, 129.

obstruction of interstate commerce and the United
States mails, 129.

provisions in contract limiting liability, illegal and
void, 132.

liability of, for accident to trespasser at crossing,
190.

liability of electric street car line for damages to
one crossing the tracks, 238.
priority of a judgment for damages over a mort-
gage previously executed on the road, 257.
an employee riding on train as a passenger, is not
a free passenger, though his ticket is such as the
company issues only to its employees living on
its line, 319.

cannot by contract with a passenger whose ticket
is not a gratuity exempt itself from liability for
its negligence, 319.

railroad experts, 328.

RECEIVER,

removal of causes by receiver appointed by fed-
eral court, 338.

RECORDS,

rights of a holder of a quitclaim deed, as against a
prior but subsequently recorded warranty deed,

31.