Harvard Law Review

Duty to protect from arrest. 470

Effect and performance of con-

Baggage: Nature of liability for bag- tracts: What law governs notice

gage retained in control of passen- of dishonor to indorser of note.

ger.

178, 186

187

CHARITIES AND TRUSTS FOR Rights and obligations of foreign

CHARITABLE USES.

corporation: Taxation of for-

What constitute charities: Hospital

eign corporations.

for employees maintained by rail. CONSIDERATION.

road.

Validity of consideration: Consid-

Rights and liabilities of charitable

eration moving to promisor from

organizations: Dangerous con-

Criminal liability: Effect of granting

Recording and registry: Removal of

new trial to one defendant. 288

goods to another state: mortgagee's

right against bonâ fide purchaser. CONSTITUTIONAL LAW.

See also Eminent Domain; Federal

What creditors are protected against

Courts; Indians; Interstate Com-
unrecorded mortgage: subsequent

merce; Police Power; Taxation.

creditors.

737

Construction, operation, and en-

CHECKS.

forcement of constitutions:

See under Bills and Notes.

Constitutionality of appellate

court with final jurisdiction. 187

CHOSES IN ACTION.

Right of county to test constitu-

Manner and effect of assignment:

tionality of statute.

500

Priority of notice to obligor: effect

Separation of Powers: Commission
in case of successive assignments

form of government: nature of duties:
of equitable chose in action.

whether legislative, administrative,
or judicial.

704–716

COMMISSIONS.

Powers of judiciary: Guarantee of

See under Constitutional Law (Separation

republican form of government not
of Powers).

within jurisdiction. 644, 662

CONFLICT OF LAWS.

Ex post facto and retroactive laws:

Recognition of foreign judgments: Changes in law of evidence: stat-

Effect at situs of land of foreign ute admitting evidence against
decree for conveyance of land as accused.

661
alimony.

663, 661 Due process of law: Compelling rail-

Effect of reversal of judgment given road to pay for side tracks. 84

effect in foreign state.

384 Commitment by judge of court with-

Recognition of foreign penal laws: out hearing for refusal to testify

Suit to collect a foreign tax. 384 before legislative committee. 560

Situs of choses in action: Attach- Inheritance tax on deposited prop-

ment of stock certificates. 470

erty collected through safe de-

Stock in corporation: situs at domi- posit company.

288

cil of corporation.

Insurance rate regulation.

372, 385

Succession tax on shares of joint Liability of railroad right of way to

stock company held by non-

local assessments.

723, 738

resident.

393 Mechanics' lien laws.

274, 294

Personal jurisdiction: Foreign en- Owner charged with contractor's

forcement of statutory liability of debts in default of requiring bond

stockholders for debts of insolvent for their payment.

738

incorporation.

737

Power to forbid waste of under-

Jurisdiction quasi in rem: Juris- ground water.

76, 84

diction over absentee based upon Res judicata: effect given to judg-

presence of his debtor. 651, 661 ment rendered without having

Jurisdiction for divorce: Indian jurisdiction over defendant.

divorce.

374, 384

446-449

Remedies: right of action: En-1 Statute authorizing subpæna

728, 737

719, 739

463, 471

References in heavy-faced type are to Notes; in plain type to Recent Cases; and in italicized type

to ARTICLES.

compel person in one state to Application of admiralty rule in

Statutory distribution of property Statutory actions: Action against

of man absent for certain period. railroad under fencing statute.

377, 385

Workmen's Compensation Acts. 84 Intent of statute to abrogate defense.

Workmen's Compensations Acts:

their constitutionality,

129-139 COPYRIGHTS.

Trial by jury: Consent of accused to Infringement: of musical composition

change of juror after all evidence by transfer to phonograph. 561

introduced.

179, 190 CORPORATIONS.

Vested rights: Statute making one-

See also Municipal Corporations; Pub-
tenth of income of spendthrift

lic Service Companies; Taxation.
trust liable to execution.

Citizenship of corporation: Federal
Enforcement of judgments: Res

jurisdiction: corporation created
judicata: too great effect given

under Act of Congress for unor-
to judgment of another state.

ganized territory.

291
444-446

Corporations de facto: Basis of doc-

Personal rights: civil, political, and

trine: comparison with de facto

religious: Elections: discrimina-

public officers.

6 30

tion in form of ballot. 176, 188

Collateral attack: eminent domain

Liberty to contract: regulation of

Estoppel as basis of liability in deal-

CONTEMPT.

ings on corporate basis. 631-6 38

Power to punish for contempt:

Extent of doctrine: whether to be

Nature of criminal contempt.

invoked as exigency demands, or

376, 385

to be always applied. 623-640

Supreme Court's power to punish

Liability of associates on contract

with third party.

for contempt of lower court. 561

632-635

Liability of directors as partners.

CONTRACTS.

471

See Consideration; Constitutional Law;

Liability of third person on contract
Damages; History of Law; Illegal

with de facto corporation.

Contracts; Joint Debtors; Quasi-

636–638

Contracts; Rescission; Usury.

Objection to doctrine: judicial legis-

Contracts under seal: Suit by one

lation.

627-629

not a party to contract. 386 Suit on stock subscription. 638-6 39
Defenses: inability of plaintiff to

Capital, stock and dividends: Stock
perform: Repudiation on insuffi-

certificates held on bailment not
cient ground as waiver of good

subject to attachment. 74, 85

excuse.

386

Anticipatory breach.

Suit contesting ownership of stock:

situs at domicil of corporation.
See Limitation of Actions.

Suits by third persons not parties

Directors and other officers: Eli-

to contract: Abutting owner:

gibility of dummy directors. 85

recovery from contractor for sub-

De facto officers.

550, 562

contractor's negligence by reason

Liability of director in deceit for

of contractor's agreement with

declaration of dividend out of

city.

289

capital contrary to statute. 88

Pedestrian against street railway for

Officers appointed by de facto officers

breach of contract with city to

as becoming de jure officers. 660,

keep sidewalk in repair.

738

Promise to discharge obligation of

Power of directors: voluntary peti-
promisee; equitable asset theory.

tion in bankruptcy:

562
289
CONTRIBUTION.

Privilege against self-incrimination

See Limitation of Actions.

of corporate officer ordered to pro-

duce incriminating books.

CONTRIBUTORY NEGLIGENCE. Right to avoid transactions with
In general: Development of doc- directors.

653, 562
trine: whether due to class self- Stockholders: rights incident to
ishness.

353-3541 membership: Suit in behalf of
720, 737

719, 739

562
References in heavy-faced type are to NOTES; in plain type to RECENT CASES; and in italicized type

to ARTICLES.

corporation by one acquiring stock Foreign corporations: Taxation of

after wrong.

foreign corporations.

Statutory right to inspection of stock COSTS.

book: inspection for purposes in- Allowance of costs to owner in con-

imical to the corporation.

662

demnation proceedings. 388

Stockholders: powers of majority:

Employment of attorneys to de-

Assignment for creditors: proof of costs

fend suit brought by minority to

in judgment obtained by creditor

after assignment.

468

restrain ultra vires action. 86

Validity of election after quorum

COUNTERCLAIM.

broken by withdrawal of stock- See Set-of and Counterclaim.

holders.

290 COURTS.

Stockholders: individual liability

Appellate Court with final jurisdiction:

to corporation and creditors:

constitutionality of statute. 187

Nature of liability imposed by

statute.

COVENANTS OF TITLE.

189

Release of subscriber to capital stock:

Covenant of warranty: Whether

Ultra vires: basis of doctrine: Ap- CRIMINAL LAW.
plication of doctrine to English

Defenses: Duress: participation in
Trade Union: voluntary associa-

robbery under duress as deferse

Insolvency of corporation: Volun-

Insanity: Burden of proof. 387

tary petition in bankruptcy by

directors.

562

Trial: Waiver of usual procedure:

Dissolution: Limitations on statutory

validity.

179, 190

power of majority stockholders to Sentence: Power of court to suspend

dissolve: motive of majority.

imposition or enforcement.

739

677-690 Appeal: Presumption as to harmless

Devolution of property: realty. 189

DEATH BY WRONGFUL ACT.

See also Eminent Domain (Compensa- Statutory liability in general: na-
tion); Proximate Cause.

ture of liability imposed: whether

Measure of damages: Bailee suing penal.

for injury to bailed chattel.

666, DECEIT.

660

General requisites and defenses:

Deceit: loss of disputed claim.

“Seller's talk:”

190

representations

Effect of re-sale in cases of delayed

of value made as affirmation of

delivery.

fact.

472

Loss of disputed claim.

190

Whether one represents that his acts

Refusal of buyer to accept stock.

are legal.

Special circumstances: effect of See also Recording and Registry Laws.

notice after delivery of goods to

Validity of deed in hands of pur-

carrier.

562

chaser for value without notice

Consequential damages: Recovery from one having notice of agent's
for mental anguish caused by

fraud in filling blanks. 184

breach of contract.

387

Construction and operation in

Mitigation: Effect in slander and general: Recital of consideration:

libel of truth of part of statement how far parol evidence admissible

DANGEROUS PREMISES.

DESCENT AND DISTRIBUTION.
See also Landlord and Tenant.

Books

Harvard Law Review, Volume 25