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CENTRAL LAW JOURNAL.

WM. A. GARDNER, Editor.
ALEXANDER H. ROBBINS, Manager.

VOLUME 64.

JANUARY-JUNE, 1907.

ST. LOUIS, MO.:

CENTRAL LAW JOURNAL COMPANY

1907.

Entered according to Act of Congress, in the year 1907, by

CENTRAL LAW JOURNAL COMPANY,

In the Office of the Librarian of Congress at Washington.

PRINTED BY CENTRAL LAW JOURNAL COMPANY.

LIST OF LEADING ARTICLES IN VOLUME 64.

No. 1. The Privilege of Silence and Immunity
Statutes. By F. Beecher, 3.

No. 2. Invalidity of Interstate Railway Transpor-
tation Contracts of Common Carriers. By M.
C. Freerks, 29.

No. 3. The Abuse of the Corporation Charter.
By Don E. Mowry, 49.

No. 4. Privileged Communications Between At-
torney and Client. By W. C. Rodgers, 66.

No. 5. Some Observations on the Duration of Oil and Natural Gas Leases. By Sumner Kenner, 39.

No. 6. Mental Anguish Doctrine in Telegraph
Cases. By George A. Lee, 108.

No. 7. Theory of the Case-the Ambulatory Rule.
By W. T. Hughes, 128.

No. 8. The Prevention of Trusts and Monopolies.
By R. M. Benjamin, 147.

No. 9. The Ambulatory Rule-As Viewed from
the Maxim Verba Fortius Accipiuntur Contra
Proferentem. By W. T. Hughes, 167.

No. 10. Restraint of the Insane. By Charles P.
Williams, 187.

No. 11. Some Observations on State Laws and
Municipal Ordinances in Contravention of
Common Rights, Interfering with Individual
Liberty, and Attempting to Regulate Personal
Association and Employment. By Eugene
McQuillin, 209.

No. 12. Uniform Law Relating to Annulment of
Marriage and Divorce. By Walter George
Smith, 229.

No. 13. Christianity and the Law. By Andrew
Alexander Bruce, 247.

No. 14. The Results Flowing from the Extinction of the Civil Action for Conspiracy. By Robert L. McWilliams, 266.

The Power of Appellate Courts to Cut Down Excessive Verdicts. By Robert L. McWilliams. 267.

No. 15. Do Freight Carrying Interurban Elec-
tric Railways Impose a Servitude on Streets.
By Edward F. White, 283.

No. 16. Negligence in the Use of Automobiles.
By J. W. Thompson, 300.

No. 17. An Interesting Insurance Case. By I. M.
Earle, 325.

Statute of Limitations Between Trustee and
Cestui Que Trust in Recent Cases. By F.
Beecher, 326.

No. 18. The Doctrine or Imputed Contributory
Negligence as Applied to Persons Sui Juris.
By John T. Marshall, 347.
No. 19. Latent Equities.
No. 20. "Truck Acts,"

"Pluck-me-Stores."

By George A. Lee, 363. "Scrip Laws," and By O. H. Myrick, 387.

No. 21. The Tool Case of Colorado-Right of
Appellate Tribunal to Assume Charge of
Elections by Writ of Injunction. By Edward
P. Costigan, 402.

No. 22. The Power of a Court to Compel a Plaint-
iff in a Suit to Submit to a Physical Ex-
amination. By Sumner Kenner, 428.

No. 23. Is the Furnishing of Liquors to its Mem-
bers by a Bona fide Social Club a Sale. By
B. F. Watson, 442.

No. 24. The Courts and the Railroad Question.
By M. C. Freerks, 467.

No. 25. Is the Furnishing of Liquors to its Mem-
bers by a Bona fide Social Club a Sale. By
B. F. Watson, 482.

TABLE OF CASES.

This list includes only those cases commented upon editorially or in our Notes of Import. ant Decisions, or in full annotated. The abbreviation Ed., indicates editorially-R. D., cases commented upon in our Notes of Important Decisions, and ann. case, annotated case.

Abbott v. Hayes County (Neb.) Validity of an
Agreement to Take Less Salary by a Pub-
lic Officer than that Provided by Law, R.
D., 466.
Adams v. University Hospital (Mo.) Charities
-Liability for Negligence, ann. case, 214.
American Woolen Company v. Kennebec Water

District (Me.) Salus Populi Suprema Lex,
Ed., 481.

Baart v. Martin (Minn.) Torrens System of Title
Registration-Setting Aside Registration
Obtained by Fraud, ann. case, 306.
Baker Furniture Co. V. Hall (Neb.) Liability
of Original Corporation Upon Re-incorpor-
ation, R. D., 433.

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Gift of Land Will be Sustained, ann. case, 286. Brennison v. Pennsylvania R. Co. (Minn.) Carriers-Damages where Fruit Delivered in Bad Condition and Evidence as to Negligence, R. D., 228. Brooks v. Southern Pacific Co. (U. S. D. C., W. D. Ky.) Federal Employers' Liability Act Unconstitutional, ann. case, 52. Burrall v. Telegraph Co. (Ill.) Eminent Domain-Right of Land Owner to Relief Where a Telephone Company Built Line Along the Highway Without Obtaining his Consent, where Delay was Short of Statute of Limitations in Bringing Suit. R. D., 187. Carmeau v. North American Transportation & Trading Company (Wash.) Something of Interest in Regard to Contracts Broken Before Time for Full Performance has Arrived, Ed. 361.

City of Kansas City v. Hennegen (U. S. C. C., W. D. Mo.) Whether or Not a Controversy is Separable within the Meaning of the Removal Act, is to be Determined by the Intent of the State Legislature with Respect to the Form of Procedure, ann. case, 352.

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Cumberland Telegraph & Telephone Co. v. Hobart (Miss.) Duty of Telephone Company to Furnish Service. ann. case, 93. Cummings v. Wilson (Minn.) Reasonable Time in the Performance of Contracts, Ed. 245. Dr. Miles Medical Co. v. Jaynes Drug Co. (U. S. C. C., D. Mass.) Injunction-Sufficiency of Bill Charging Inducing Violations of Contracts. R. D., 282.

Davis v. Chesapeake & Ohio Ry. Co. (W. Va.) What Constitutes Malicious MischiefHarmless Error, R. D., 299.

Davis v. Louisville, H. & St. L. Ry. Co. (Ky.) Contributory Negligence-When a Person

is Injured by a Passing Train at a Crossing not Public where the Railroad Company Should Give Warning, the Fact that she Contributed to the Negligence is not Conclusive, R. D., 48.

Elser v. Village of Gross Point (Ill.) An Injunction will Lie to Restrain the Collection of Water by a Municipality in an Artificial Channel and Casting Same on the Land of Another in Undue Quantities when, ann. case, 72. Evans v. Eastern Telephone & Telegraph Co. (Ky.) Negligence-Telephone Wires Left in House after Termination of Contract when Conducting Lightning into House Causing Damage. Question one for Jury. R. D., 298. Greenwald v. Ford (S. Dak.) Forged CheckBank Poving a Check has a Right to Rely on the Indorsements in Regular Course, R. D.. 264. Grover v. Zook (Wash.) Breach of Marriage Promise-Defenses-Ill Health, R. D., 451. Hall's Estate. In re (Iowa) Wills-the doctrine of Advancement to an Heir Applies Only in Case of Intestacy and Not to a Will, R. D., 126. Harris v. State (Fla.) Criminal Law-Verdict of "Receiving Stolen Goods" Not Responsive to an Indictment for that Offense, R. D., 402.

Hebert v. Lee (Tenn.) Principal and Surety— Discharge of Surety Because of Failure of Obligee to Notify Surety of Principal's Previous Improper Conduct, R. D.. 426. Hooper v. Bacon (Me.) Damages Where There was a Personal Injury and Physician Employed by Party Injured may not have Used the Requisite Skill, or may have Erred in Judgment, Whereby Injured Party did not Recover as Soon as Otherwise, R. D., 442.

Illinois Cent. R. Co. v. Warren (U. S. C. C. of App.. Fifth Circuit) Carriers-Whether Call of Station an Invitation to Alight. ann. case, 234.

Iowa State Bank v. Cereal Refund & Brokerage Co. (Iowa) Banks and Banking-Paying a Check on Bank by Mistake when there

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