Page images
PDF
EPUB

References in heavy-faced type are to Notes; in plain type to RECENT Cases; and in ita licized type

to ARTICLES.

Personal injuries to passengers:

forcement of foreign contract con-

Contagious disease of fellow-pas- trary to public policy of forum.

sengers.

288

385

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.

95

for employees maintained by rail. CONSIDERATION.

road.

83

Validity of consideration: Consid-

Rights and liabilities of charitable

eration moving to promisor from

organizations: Dangerous con-

third persons.

187

dition of premises.

CONSPIRACY.

CHATTEL MORTGAGES.

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.

83

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

[ocr errors]

to

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

testify in another.

188

state court.

387

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

proceedings.

638–6 39

insurance rates.

372, 385

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.

96

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.

86

foreign corporations.

95

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

effect on creditor.

278, 290

broken by trespass.

190

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

tion.

598-601

to resulting murder.

663

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

387

EASEMENTS.

ESTOPPEL.

Equitable Easements, see Restrictions Estoppel in pais: Whether sovereign

and Restrictive Agreements as to

may be estopped.

564

Use of Property:

EVIDENCE.

Modes of acquisition: Parol license See also Admissions; Burden of Proof;

acted on.

191

Constitutional Law; Parol Evi-

ELECTION OF REMEDIES.

dence Rule; Presumptions; Trial;

See under Sales (Conditional Sales).

Witnesses.

Hearsay: in general: Proof of race

ELECTIONS.

of witness's parents.

564

Nomination of same man by two par- Res gestae: Train-dispatcher's sheet

ties for same office: constitution-

to prove speed of train.

89

ality of statute allowing name to Character of parties: Proof of repu-

appear but once on ballot. 176, tation of disorderly houses. 89

188

Character: Specific acts to show

ELECTRIC WIRES.

character of deceased on issue of

Fletcher v. Rylands: application of self-defense.

472

principle of.

563

Documents: Admissibility of genuine

EMINENT DOMAIN.

documents for purposes of com-

Nature of the right of eminent

parison.

691–696

domain: De facto corporations:

Alterations: presumption as to time

right to exercise the power.

of making.

696-703

638-6 39

Proof of foreign law: Application of

Removal of dam in interest of public

lex fori in absence of proof of law of

health.

jurisdiction governing the case. 473

When is property taken: Grade of EXECUTION.

street changed by railroad.

664 Creditor's bill to reach contingent in-

Compensation: Costs.

388

terest in personalty.

Date as of which damages are

Income of spendthrift trust: constitu-

assessed.

88

tionality of statute making liable

Waterway constructed

by city to execution.

through railway right of way

Remedy of bonâ fide purchaser of prop-

necessitating structural changes. erty to which judgment debtor

389

has no title: action against judg-

What constitutes an entire tract.

ment creditor.

389 EXECUTORS AND ADMINISTRA-

EQUITY.

TORS.

See also Bills of Peace; Injunction; See Ambassadors and Consuls; Descent

Inter pleader; Reformation of In-

and Distribution.

struments; Specific Performance; Administration: Situs of choses in ac-

Trusts.

tion: stock in corporation. 719, 739

Jurisdiction: Discretion of court in Rights, powers and duties: Acqui-

granting relief.

290

sitions from legatee:

Effect on court of situs of decree of bility for, to estate.

664

foreign jurisdiction affecting do- Proceedings by or against: Security

mestic land.

653, 661 required of administrator for pay-

Interpleader when same property as- ment of unmatured debt of dece-

sessed in two places.

174, 197

dent.

390

Removal of spite fence.

197

EXEMPTIONS.

Security from administrator for pay- Counterclaim in action brought to re-

ment of unmatured debt of dece-

cover property exempt from exe-

dent.

3901 cution.

291

accounta-

References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type
to ARTICLES

460, 473

HABEAS CORPUS.

HISTORY OF LAW.

Appeal in habeas corpus proceedings. Common law actions: The origin of

assumpsit.

428-442

Effect of reversal of decree in habeas HUSBAND AND WIFE.
corpus proceedings after decree

See Marriage; Witnesses (Privileged

has been given effect in foreign Communications).

state.

384 Rights of wife against husband and

HIGHWAYS.

in his property: Recovery of
Rights and remedies of abutters: expenditures for necessaries.

473
Abutter's recovery against subway Rights of husband against wife and
contractor for negligence of third in her property: Right to ali-
person by reason of contractor's

mony apart from divorce.

agreement with city.

289

656, 565

[ocr errors][ocr errors]

INSANE PERSONS.

INFANTS.

Custody, property and mainte-

Liability in contract: Recovery of

nance: Persons entitled to cus-

money advanced to lunatic.

725, 740

tody of infant.

478 INSURANCE.

INHERITANCE TAX.

Nature and incidents of insurance

See Taxation.

contracts: Contract to defend

INJUNCTIONS.

physician against suits ior mal-

Acts restrained: “Balance of con- practice.

390
venience doctrine in regard to Ratification of unauthorized contract
enjoining private nuisances. 474

by insured after loss.

729, 735

« PreviousContinue »