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DAMAGES-Continued.

come liable in punitive damages, 167. where a personal injury to a girl is such as to seri. ously impair her prospects of marriage when she reaches a marriageable age, such fact may prop. erly be considered by the jury as an element of damages, 168.

recovery of damages by a wife from a formerhus. band for injuries received from him while cohab. iting together, 170.

liability of the master for exemplary damages for libel published by his servant, 209.

for conspiracy to boycott, 334.

exemplary damages are not recoverable against

several defendants unless all are shown to have been moved by wanton desire to injure, 334. damages provided in a building contract to be paid by the contractor in case of failure to complete the building within a certain time, construed to provide for liquidated damages rather than a penalty, 411.

DEED,

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what is a valid limitation to cease upon marriage or a condition void as being in restraint of marriage, 172.

rule governing the construction of a deed as a will, 208.

setting aside conveyance by husband to wife, procured by fraud on the part of the wife, 309. DESCENT AND DISTRIBUTION,

right of an individual to make testamentary dispo. sition of his own body after death, 327.

a child begotten by parents who are at the time not married, and who could not then enter into a legal contract of marriage, may be legitimated under the Ohio statute, by the subsequent legal marriage of the parents and the acknowledgment of the child by the father as his child, 430. DEVISE. See WILL.

DIGEST OF CURRENT OPINIONS, 14, 40, 60, 80, 100, 119, 140, 159, 180, 200, 220, 240, 260, 280, 300, 320, 339, 360, 380, 400, 421, 440, 459, 479, 497.

DIVORCE,

the marriage of a man after his wife has procured a decree of divorce in another jurisdiction, without personal service upon him, or his appear. ance, does not estop him from denying the jurisdiction of the court to afterwards open the decree, without notice to him, and afterwards award alimony against him, 188.

injunction against divorce proceedings in another State, 467.

adultery of a wife, committed with a spy employed by the husband to test the wife's virtue, does not entitle him to a divorce, 489.

DURESS,

adult's promise to pay a debt contracted during infancy, made in response to a threat of suit, is not under duress, 2.

ELECTRICITY,

proof that an electric light wire, controlled by a private corporation, suspended upon poles along the public street, was trailing broken upon the sidewalk, affords a presumption of negligence, in a suit against such corporation by a person injured through electric shock by contact with such wire, 49.

use of highways by telephone and telegraph com. panies, 479.

EMBEZZLEMENT,

the venue in a prosecution for, 90. EQUITY,

satisfaction-a canon of construction in courts of equity, 451.

ESTOPPEL,

defendant is estopped from claiming that his sig. nature, as surety on a note given plaintiff, was a forgery, where before the note was due and while the maker was solvent, plaintiff not knowing of

ESTOPPEL-Continued.

the forgery, took it to defendant to see if he would buy it, and he, after examining it, though knowing his signature was not genuine, made no claim of forgery, 268.

EVIDENCE,

of exclamations while asleep, 157, 299.

of exclamations of pain while asleep, 247. evidence that at the time an actress made a written agreement with the proprietor of certain theatrical companies to render services at any theaters, it was agreed that the word "services" meant services in a particular part in a certain play, contradicts the instrument and is inadmissible,

289.

parol evidence to vary a written contract, 330.
in action for damages for conspiracy to boycott
plaintiff's mill, evidence that plaintiffs individ.
ually expressed a purpose to continue to patron.
ize the mill, in connection with evidence that
they did so until the association of which they
were members boycotted the mill, is admissible
to characterize the reason for the withdrawal of
their patronage, 334.
statements of defendant members of an association
indicative of their purpose, and of members not
defendants, as to the effect of a vote of the asso
ciation forbidding members to do business with
persons not members, are admissible in a boycott
case where made contemporaneous with and in
explanation of their action after and under the
vote, 334.

declarations of a person as res gestæ, 407. EXECUTION,

levy of, upon property in safety deposit boxes, 207. on partnership property for the debt of one partner, and whether an injunction will lie to restrain such sale until the partner's interest is ascertained, 212.

EXPRESS COMPANIES,

express companies and the war revenue tax, 127. EXTRADITION,

the law of interstate extradition, 349. FALSE PRETENSES,

where defendant, a married man, pretended under a fictitious name to an unmarried woman that he was single, and by this means, together with his promise to marry her, obtained money from her, he was not a false token, and hence was not guilty of obtaining money by false pretenses by means of a false token, 390.

FEDERAL COURTS,

appeals and the jurisdiction of federal courts in relation to habeas corpus, 128.

jurisdiction of federal courts to enjoin criminal proceedings in State courts, 147.

jurisdiction of State and federal courts in actions by and against national banks and receivers thereof, 331.

exclusive federal jurisdiction, 331.

the power of congress to confer jurisdiction, 331. the general power to sue and be sued, 331. general jurisdiction expressly conferred, 331. stockholders' liability, 331.

in such suits the jurisdiction of the federal courts even before the later acts, was not exclusive, 331.

State courts may exercise jurisdiction, 331. jurisdiction expressly given State courts, 332. now on the same footing with other banks, 332. deemed citizen of State-federal jurisdiction withdrawn, 332.

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FEDERAL COURTS-Continued.

attachment, injunctions, etc., prohibited, 333. conclusion, 334.

jurisdiction of United States Supreme Court on writ of error to the State court, 348.

FEDERAL OFFENSE,

interpretation of federal statute giving power to juries to qualify verdicts as to capital punishment, 207.

as a territory is not a State, shipping lottery tickets into a territory is not an offense under the federal statute, 368.

so much of the federal statute as provides that the judgment of conviction against the principal in the crime of embezzlement or larceny of prop. erty of the United States, shall be evidence in the prosecution against a receiver thereof, that the property was embezzled or stolen, is in violation of the constitution declaring that an accused shall be confronted with the witnesses against him, 408.

FIXTURE,

what is a, within the terms of a chattel mortgage, 13.

is the law of fixtures irreconcilable, 132.

FOREIGN CORPORATION. See CORPORATION.
FRAUD,

fraudulent organization of corporation by an in-
solvent person, 267.

setting aside conveyance by husband to wife, procured by fraud on the part of the wife, 309. GUARANTY,

from what time the statute of limitations begins to run, in reference to a, 130.

HABEAS CORPUS,

appeals and the jurisdiction of federal courts in relation thereto, 128.

release upon, of a legislator arrested for felony, 189. HIGHWAYS,

the law of the road, 207.

liability of municipal corporation for defects in public highways, 216, 217.

use of highways by telephone and telegraph companies, 479.

HOMICIDE,

duty of retreating, 5.

HUMORS OF THE LAW, 80, 119, 158, 219, 259, 299, 380, 400, 421, 439, 459.

HUSBAND AND WIFE,

liability of the wife for acts of husband as agent, 2. conflict of laws in the property rights of married women, 107.

pledge of property by wife to secure indebtedness of her husband and to prevent his creditors from enforcing immediate payment, will not of itself entitle a creditor to hold such property as security for further advances to the husband, 148. liability of a former husband for damages to the wife received while they were cohabiting together, 170.

rights of creditors in policy taken out by insolvent
husband in favor of wife or children, 307.
setting aside of conveyance by husband to wife,
procured by fraud, 309.

IMPEACHMENT. See WITNESS.
INDICTMENT. See CRIMINAL LAW.
INFANT,

promise by an adult to pay the rent of premises oc-
cupied by him while an infant, is binding, 2.
ratification of the invalid contract of an infant, 2.
as bailee, 419.

INJUNCTION,

against publication of boycotting circular, 116. restraining criminal prosecution, 128.

will lie at the instance of a taxpayer, to prevent the execution of a contract for public improvements, which is invalid, 128.

execution on partnership property for the debt of

INJUNCTION-Continued.

one partner, and whether an injunction will lie
to restrain such sale until the partner's interest
is ascertained, 212.

the subject of government by injunction, 227.
to prohibit the prosecution of a criminal action, 227.
against a cemetery as a nuisance, 308.

against bogus attorneys, 420.

violation by strikers of the restraining order of a court, 427.

against divorce proceedings in another State, 467. INNKEEPERS,

liability of, for negligence causing damage by fire, 136.

effect of the failure of an innkeeper to put fire escapes upon his building, as required by ordi nance, as rendering him liable for the death of a guest, 136.

recent decisions on the liability of innkeepers for injuries to guests, 139. INSOLVENCY,

rights of creditors in policy taken out by insolvent husband in favor of wife or children, 307.

a preferential mortgage executed simultaneously with a general assignment, is not a part of it, 328. preferred demands against insolvent estates, 350. operation and force of State insolvent laws in other jurisdictions, 428.

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statute providing that any other conditions must be incorporated in the policy, forbids the waiver of its provisions, and in the absence of fraud or mistake parties are conclusively presumed to know the contents of their instruments, 210. validity of statute declaring the measure of dam ages in case of loss by fire, 228.

a policy covering the fire apparatus of a village "while located and contained as described herein and not elsewhere," does not cover a loss of such property when temporarily out of the building designated, and being used in attempting to extinguish a fire, 330.

enforceability of contract of insurance made in a foreign State, in a State which requires the for eign insurance company to comply with certain conditions before doing business, 493. construction of the anti-trust law of Arkansas af fecting insurance companies, 487.

JEOPARDY,

acquittal on trial for the malicious destruction of personal property of another, under a State stat ute, is no bar to a prosecution for the illegal disin terment of a human body, or the remains thereof, under another section of the same statute, though the former prosecution related to the casket in which it was enclosed, 436.

recent important cases on what is "the same of fense," within the law as to former jeopardy, 438. JETSAM AND FLOTSAM, 78, 119, 157, 399, 419, 459, 479. JUDGMENT,

of the satisfaction of judgments by one jointly lia ble thereunder, 270.

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LABOR,

legality and legal status of the boycott, 47. interference by trade unions, 115. injunction against publication of boycotting cir cular, 116.

board of education not authorized to stipulate in a contract for improvements, that none but union labor shall be employed by the contractor, 128. the rights and limitations of strikers and employers, 427.

LANDLORD AND TENANT,

where a tenant has continued in adverse possession of land for over twenty years, the fact that during his occupancy there was a sale and conveyance of the premises for taxes, does not con. stitute an interruption of his possession, 171. LARCENY,

by bailee, 150.

venue and jurisdiction in, 158.

LAW BOOKS,

Book Reviews, Digests,

General Digest, Vol. 5, 179.

Pattison's Complete Missouri Digest, Vol. 3, 339.

American Digest for 1898, 359.

Book Reviews, Reports,

American State Reports, Vol. 57, 80.

American State Reports, Vol. 58, 157.

American State Reports, Vol. 59, 157.
American State Reports, Vol. 60, 199.
American State Reports, Vol. 61, 259.
American State Reports, Vol. 62, 338.
American State Reports, Vol. 63, 359.

Book Reviews, Text Books,

Underhill on Criminal Evidence, 79.
Cooley on Constitutional Law, 179.
Bouvier's Law Dictionary, Vol. 2, 240.

Abbott's Forms of Pleading, 299.

Denis on Contract of Pledge, 299.

Ash's Annotated Internal Revenue Law, 299.

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LITERARY PROPERTY, the ownership of, 48.

where dedicated to public use, 48. LOTTERY,

validity of contract for distribution of property by means of lottery, 149.

shipping lottery tickets into a territory, not a fed. eral offense, 368.

MARRIAGE,

what is a valid limitation to cease upon marriage, or a condition void as being in restraint of marriage, 172.

of common law marriage, 347. MARRIED WOMAN,

civilly responsible for personal injuries inflicted not in her presence on a third person by her husband, while acting within the scope of his authority as her agent, 2.

conflict of laws in the property rights of married women, 107.

MASTER AND SERVANT,

liability of the employer to the employee for damage to the latter in refusing to give him recommendation or character card, 4.

legality and legal status of the boycott, 47.

interference of third parties in contracts of employment, 114.

interference of trade unions in contracts of em. ployment, 115.

board of education not authorized to stipulate in a contract for improvements, that none but union labor shall be employed by the contractor, 128. liability of the master for injury to the servant by poisonous germs, 158.

lability of the master for malicious libel by the servant, 209.

by a written contract of employment of an actress, providing that she shall "conform to and abide by all the rules and regulations" adopted by the employer, for the government of his theatrical companies, she adopts the rules, though she does not know what they are, 289. evidence that at the time an actress made a written agreement with the proprietor of certain theatrical companies, to render services at any theaters, it was agreed that the word "services" meant services in a particular part in a certain play, contradicts the instrument and is inadmissible, 289.

the rights and limitations of strikers and employers, 427.

MINES,

property rights in mineral oil and natural gas, 470.

мов,

constitutionality of State statute making cities liable for property destroyed by mobs, 368. MONOPOLY,

railroad company cannot authorize one hackman to drive into its enclosed depot grounds to solicit business, to the exclusion of all others, 148.

MORTGAGE,

the remedy of the holder of a lien upon real property not in possession or entitled to possession, for waste, 29.

the grantee of mortgaged premises under a deed reciting that he assumes and agrees to pay the mortgage debt, is not personally liable to the mortgagee if his immediate grantor was not personally bound, 457.

purchase of incumbered land-rights and liabilities of parties, 489.

MUNICIPAL CORPORATION,

the owner of lands where a sewer discharges may bring successive actions against a city maintaining it, for the nuisance thereby created, 3.

a city ratifying the trespass of its mayor in having electric wires torn down from where they had a right to be, is liable therefor, 71.

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waterworks belonging to a city in its private rather than its public capacity, so as to make it liable for injury for the negligent construction or main. tenance thereof, though the legislature determines on the necessity for such works, and selects certain persons as agents of the city, by whom the work shall be undertaken, 211. liability of, for defects in public ways, 216, 217. city ordinance making it unlawful to cover any package of fruit with any colored netting or other material having a tendency to conceal the true color or quality of any such goods which may be offered for sale, is void as unreasonable and op. pressive, 288.

constitutionality of State statute making cities liable for property destroyed by mobs, 368.

not liable for the death by drowning of a child wading into a pond in the commons within the city limits, 411.

an incorporated village authorized to provide for the preservation of public property, and to make other regulations for the safety and general wel. fare of its inhabitants, has power to offer a reward for the conviction of incendiaries who had set fire to buildings within its limits, 488. NATIONAL BANKS,

claims against receivers of, 247.

jurisdiction of State and federal courts in actions by and against national banks and receivers thereof, 331.

NATURAL GAS,

property rights in mineral oil and natural gas, 470. NEGLIGENCE,

damages for personal injuries occasioned by fright, 1.

physical examination of plaintiff by defendant's surgeon, 35, 38.

the right to compel inspection of the body in per-
sonal injury cases, 38.

a street railway company is not liable for failure
to stop a car running at a proper speed on ap.
proaching a frightened horse, where it does not
appear that thereby the horse could have been
controlled, or that the motorman had reason to
apprehend the occurrence of an accident, 48.
the presumption of negligence from the occur.
rence, 49.

proof that an electric light wire, controlled by a
private corporation, suspended upon poles along
the public street, was trailing broken upon the
sidewalk, affords a presumption of negligence in
a suit against such corporation by a person in-
jured through electric shock by contact with such
wire, 49.

the proximate cause of an injury, 70.
liability of railroad company for injuries sustained
through objects thrown from trains, 109.

liability of owner of dog for injuries to third per-
son, 111.

liability of innkeepers for negligence causing dam-
age by fire, 136.

in case of fire in an inn, by which a guest is burned,
there is no presumption that it was due to the
negligence of the proprietor, 136.
liability of railroad company for, in throwing pack.
ages from moving trains, 147.

liability for injury occasioned by negligent driv-
ing, 207.

the owner of a horse, rendered nervous by the driver's mistreatment, hitched near a sidewalk, is liable to a pedestrian on the sidewalk for injuries received by a kick from the horse, without

NEGLIGENCE-Continued.

proof that it was vicious, to the owner's knowl. edge, 208. municipal corporation not liable for the death by drowning of a child wading into a pond in the commons within the city limits, 411.

NEGOTIABLE INSTRUMENT. See BILLS AND NOTES. NUISANCE,

successive and separate actions for, 3.

a cemetery as a, 308.

OFFICE AND OFFICERS,

rewards to public officers, 387, 407.

OHIO,

validity of the "lynch law" statute of, 87. PARDONS,

where one, pending appeal from a judgment of conviction, accepts the governor's pardon, he is not entitled to review that part of the judgment assessing a fine and costs against him, the acceptance of a pardon being an admission that he was rightly convicted, 449. PARLIAMENTARY LAW,

a question of, 219.

PAROL CONTRACT. See CONTRACT.
PAROL EVIDENCE,

evidence that at the time an actress made a written
agreement with the proprietor of certain theat
rical companies, to render services at any thea.
ters, it was agreed that the word "services"
meant services in a particular part in a certain
play, contradicts the instrument and is inadmis-
sible, 289.

to vary a written contract, 330.

an understanding at the time plaintiff gave defend. ant bank a note, that it would renew it until business should improve, contradicts the promise in the note to pay on maturity, 388. PARTNERSHIP,

execution on partnership property for the debt of one partner, and whether an injunction will lie to restrain such sale until the partner's interest is ascertained, 212.

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PREFERENCE,

preferred demands against insolvent estates, 350. PRESUMPTION,

of negligence from the occurrence, 49.

in case of fire in an inn, by which a guest is burned, there is no presumption that it was due to the negligence of the proprietor, 136.

PRINCIPAL AND AGENT,

when in good faith one deals with an agent, within his apparent authority, in ignorance of the death of the principal, the estate of the principal will be bound in case the act to be done by the agent is not required to be performed in the name of the principal, 97.

effect of the death of the principal as terminating the powers of the agent, 99.

liability of the principal for punitive damages arising out of the tort of its agent, 167. liability of the principal on contract for the sale of goods on commission, where the sale is in the name of the agent, 249.

where a broker who has an express agreement with his principal to sell goods of the latter on commission, contracts in his own name with third persons for the purchase of goods to be furnished by the principal, who approves the orders but afterwards refuses to send the goods, he cannot recover for such loss from the principal, 249. where the agent makes a contract which is unauthorized in several particulars, the mere fact that the principal in repudiating it gives as his reason that it is unauthorized in a certain particular, in in which however it is authorized, does not con. stitute a ratification, where the third party is in no way injured by the form of the principal's ob jection, so as to raise an estoppel, 254. ratification by a principal of the unauthorized acts of agent, 256.

act of agent capable of ratification, 256.

knowledge of facts necessary in order to avoid a ratification by a principal of the contracts of the agent, 256.

express ratification by the principal, 256. implied ratification by the principal, 256. acquiescence by the principal in the unauthorized act of the agent, 257.

acceptance of benefits by the principal arising from the unauthorized act of the agent, 258.

PRINCIPAL AND SURETY,

from what time the statute of limitations begins to run in cases of guaranty, 130.

if the contract of a surety be altered without his consent, he is no longer bound to its perform. ance, 148.

construction of the contract and obligation of the surety, 148.

sureties on the official bond of a sheriff, upon being compelled to make good the default of their principal, will, by the fact of payment, become equitable assignees and be subrogated to the position of the State, in respect of all securities, liens and priorities for the purpose of enforcing reimbursement from their principal, 169.

estoppel of surety from claiming forgery of his sig. nature as surety on a note, 268.

effect on surety's liability of extension of time in consideration of the payment of interest in advance, 292.

an extension of time for the payment of a bond and mortgage for no consideration except an agreement to pay at the expiration of the time, is void for want of consideration, and therefore will not discharge sureties on such bond and mortgage, 354.

acts which will release the surety from liability, 356.

RAILROAD COMPANIES,

validity of "anti-scalpers" ticket law of New York, 27.

RAILROAD COMPANIES-Continued.

a street railway company is not liable for failure to
stop a car running at a proper speed, on ap-
proaching a frightened horse, where it does not
appear that thereby the horse could have been
controlled or that the mortorman had reason to
apprehend the occurrence of an accident, 48.
liability of, for injuries sustained through objects
thrown from railroad trains, 109.
liability of, for negligence in throwing packages
from moving trains, 147.

cannot authorize one hackman to drive into its en-
closed depot grounds to solicit business, to the
exclusion of all others, 148.

constitutionality of State legislation requiring railroad companies to stop their through trains at certain stations on their through line of route, 287. proper and improper regulations of railroad cor porations, by State legislation, 447.

not negligence for a railroad company to fail to place its freight cars, when temporarily standing on side tracks, within fire and police protection, 468.

RECEIVERS,

liability of corporations for torts of receivers after the property is turned over to the corporations, 116, 118.

claims against receivers of national banks, 247. jurisdiction of State and federal courts in actions by and against national banks and receivers thereof, 331.

receiverships of building and loan associations, 369. liability of a corporation recovering its property from a receiver, for the latter's torts, 412.

RELEASE AND DISCHARGE,

a railroad company's agreement to re-employ, is a sufficient consideration for a release for injuries inflicted by the company on its employee, though the term of employment is indefinite and the company has a right to discharge in a short time, 189. REPLEVIN,

whether will lie for a corpse, 327. RES ADJUDICATA,

where an innocent purchaser of two notes for the
same amount, executed by the maker while he
was owing the payee only the amount of one of
them, collected one of them of a person who had
assumed the maker's debts, and then sued him on
the other, but failed to recover, it was held that
the judgment was not res adjudicata, precluding
the purchaser from maintaining a suit on such
other note against the maker, 449.

RES GESTE. See EVIDENCE.
REWARD,

to public officers, 387, 407.

power of municipal corporation to offer reward for conviction of incendiaries, 488.

SALE,

a farmer selling hogs to a butcher, knowing that the latter intends to convert them into pork for resale to his customers, does not impliedly war. rant them to be fit for use as food, 438. SATISFACTION,

a canon of construction in courts of equity, 451.
defined, 451.

relation to election, 451.
historical outline, 451.

application, 451.

express satisfaction, 451.

implied or constructive satisfaction, 452.
when the obligation is legal, 452.
legacies by debtor to creditor, 452.
legacies by creditor to debtor, 453.

claim depending upon a prior bounty, 451.
satisfaction of a legacy by legacy, 454.
satisfaction of legacies by gifts inter vivos, 454.
advancements, 455.

satisfaction of a settlement portion by legacies, 455.

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