L. R. A* TRIENNIAL INDEX DIGEST 1915-1917 TABLE OF SUPPLEMENTED L. R. A. NOTES IN APPENDIX UCSB LIBH'ARY X- L.R. A. TRIENNIAL INDEX DIGEST 1915-1917 COMBINING NOTES AND CASES IN ONE ALPHABETICAL ARRANGEMENT AND SUPPLEMENTING DIGESTS 1-70 L.R.A. and 1-52 L.R.A.(N.S.) AND INDEXES TO NOTES 1 L.R.A. 42 L.R.A.(N.S.) and 43 L.R.A.(N.S.) L.R.A. 1916F THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY ROCHESTER, N. Y. 1918 Copyright 1918 by THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY E. R. ANDREWS PRINTING COMPANY, Rochester, N. T. PREFACE This Triennial Index Digest for L.R.A.1915-191Y will greatly simplify your use of the Reports. It combines in one volume and under one alpha- betical arrangement everything needed to bring the Digests and Indexes of L.R.A. down to date. It therefore entirely supersedes all the Cumula- tive Indexes prior to January, 1918, and also the annual Index Digests for 1915 and 1916. The index to the decisions and the index to annotations are no longer separate, but are brought together for every topic and for every division or subdivision. Yet the distinction between them is unmistakably preserved by putting the note index matter in striking italic type and under the word "Annotation." Heavy black type is used for all division headings in every topic; but subdivision headings, though in the same type as the main headings, are printed with a heavy dash before each of them, to show that they are only subordinate parts of the main head above them. To make this subordination of the subheadings to the main headings still more sharply apparent, and also to give a bird's-eye view of what is contained in the topic, a scheme or outline of these divisions and sub- divisions is printed at the head of each of the larger subjects. While this may not be strictly necessary, it will help to give you a quick grasp of just what there is to be looked for in that topic. These various features make it possible to find very quickly every decision and annotation in the L.R.A. subsequent to your bound volume Digests and Indexes to Notes, thus bringing them down to January, 1918. Discard all prior Cumulative Indexes and Index Digests. This one volume takes the place of them all. February, 1918. L.E.A. TRIENNIAL INDEX DIGEST 1915-1917 ABANDONMENT. Of contract, see CONTBACTS. As ground for divorce, see DIVOBCE ATTD SEPARATION. Of wife, see HUSBAND AND WOTS. Annotation. Of premises ~by tenant; right of tenant to increased rent on re-leasing by landlord. 1917D, 612. Of appeal. 1915F, 726. Of premises by tenant. 1916F, 1063; 1917D, 609. Of rights under mining lease. 1915B, 561. Necessity that abandonment of real property be in writing. 1915D, 176. Of trust for public in navigable waters. 1917A, 1007. Of operation of interurban railroad. 1915B, 547. By carrier of operation of branch road. 1915A, 549; 1917D, 1105. Of husband, effect on rights in homestead. 1915D, 551. <* ABATEMENT. Of action, see ABATEMENT AND REVIVAL. Of nuisance, see NUISANCES. Annotation. Bight of vendee to specific performance Of abatement from purchase price where tJie vendor is unable to convey a good and unencum- bered title. 1917F, 597. rent on theory 1917F, 713. of partial eviction. ABATEMENT AND REVIVAL. In general. Annotation. Garnishment proceedings and an ac- tion to recover the debt pending in different states or countries as sus- taining plea in bar or abatement. 1911F, 1O16. Plea in abatement. 1915B, 665; 1917F, 1013. By death. Effect of constitutional provision on statute as to abatement of action by death. 1915E, 1102. Abatement of action by woman for furnish- ing intoxicating liquor to her husband, by his death. 1916D, 940. Abatement by death of grantor of. his right to rescind the deed for fraud. 1916B, 862. Action to recover for loss caused by pur- chase of worthless corporate stock through fraud. 1917D, 832. Action for alimony. 1916B, 852. Action for assault. 1916 A, 1140. Action for personal injuries. 1915E, 1102, 1141. Action for death. 1910A, 1142; 1916C, 964. Right of defendant in prosecution for bas- tardy to dismissal on death of the bas- tard. 1915E, 314. Pendency of prior action. Conflict of laws as to. 1915E, 1132. Raising by demurrer defense of former suit pending. 1917A, 671. Pendency in Federal court of suit for per- sonal injuries as ground for abatement of action in state court, after plaintiff's death as the result of the injuries, to recover damages for her death. 1915E, 1132. ABATEMENT AND REVIVAL ABUTTING OWNER. 6 Abatement of subsequent action by action in which record has been lost. 1917A, 671. Pendency of action by telephone company to restrain governmental agency from destroying its poles and wires as bar to action by such agency for mandamus to compel the removal of the telephone line. 1917D, 660. Pendency of suit for infringement of trade- , mark as bar to temporary injunction in suit for unfair competition. 1915F, 1107. Revival. Effect 'of appointment of receiver for corpo- ration to revive right of action. 1916F, 709. ABDUCTION AND KIDNAPPING. Kidnapping of child by father by enticing it from the custody of its mother. 1915B, 189. ABORTION. Evidence in prosecution for manslaughter in procuring. 1916C, 563. ABSENCE. Annotation. Validity and effect of by-law of mutual benefit society refusing to pay bene- fit upon presumption of death from seven years' absence. 1917C, 1032. Presumption of death from. 1915B, 728, 744, 749, 756; 1915D, 176; 1916C, 707; 1916F, 438, 819; 1917C, 1029. By-law of benefit society, suspending mem- ber who disappears. 1917A, 183. Of accused. 1917B, 344; 1917C, 610. Discontinuance for absence of party or wit- ness. 1916B, 686. ABSTRACTS. On appeal, see APPEAL AND ERROR. Measure of damages for negligence of ab- stracter. 1916D, 820. Effect of mistake in name on records on lia- bility of abstracter. 1915D, 1211. Liability of abstracter to one other than the perron for whom the abstract was made. 1916D, 820. ABUSE. Of passenger, see CARRIERS. Annotation. Libel or slander by words used as mere words of abuse. 1917D, 2O5. Conviction for use of abusive words as bar to prosecution for assault and battery. 1917A, 140. Liability of storekeeper for abuse of cus- tomer by servant. 1915F, 516. Liability of master generally for abuse by servant. 1916E, 912. ALUSE OF PROCESS. Liability for, generally, see FALSE IMPRISON- MENT; MALICIOUS PROSECUTION. Action for malicious abuse of process: when maintainable. 1915A, 601. ABUTTING OWNER. Measure of damages to, in condemnation proceedings, see DAMAGES. Additional servitude as against, see EMI- NENT DOMAIN. Right to compensation for consequential in- juries on condemnation of property, see EMINENT DOMAIN. Rights of, in highways, see HIGHWAYS. Liability for injury on defective highway, see HIGHWAYS. Annotation. \ Liability of property owner -for injury to persons or property in highway due to condition of fence. 1917E, 812. Private action by, to abate nuisance. 1916C, 1260; 1917A, 1150. Compensation for taking rights or injuring property of. 1915C, 981; 1915F, 1005; 1916D, 1074. Title of abutting owner to material placed by him in sidewalk which is not accept- ed by municipality. 1915B, 187. Right to complain of refusal of municipal- itv to set aside portion of street for sidewalk. 1916D, 1049. Rights of, in alley. 1917E, 721. Duty to maintain premises in condition of safety to travelers on highway. 1917E, 809/ Duty to lay sidewalks. 1917A, 472. Liability of railroad company to abutting owner for noise not amounting to a nuisance. 1917C, 346. Liability of railroad for injury to access of abutting owner by change of grade. 1916C, 433; 1916D, 1074. ACCELERATION ACCOMPLICE. ACCELERATION. Of maturity of notes representing debt and interest on default in payment of one of them. 1916B, 807. Of remainder. 1915A, 671. 4 Right of conditional vendor of automobile to tires fitted thereto, when machine is reclaimed. 1916E, 254. ACCEPTANCE. Of part payment in full, see ACCOBD AND SATISFACTION. Of negotiable paper, see BILLS AND NOTES. Of check, see CHECKS. Of offer, see CONTRACTS. Of performance of contract, generally, see CONTRACTS. Of dedication, see DEDICATION. Of deed, see DEEDS. Of legacy, see WILLS. Annotation. Necessity and sufficiency of acceptance of grant of right of way over public land for public higliway. 1917 A, 355. Of highway. 1917A, 350. Of guaranty. 1917D, 402. Of employee's resignation. 1915D, 477. Of gift, proof of. 1916E, 283. Of insurance risk. 1916D, 238. Effect of acceptance of work on liability of independent contractor for subsequent injury. 1915E, 766; 1917C, 907. ACCESS. Easement of. 1915D, 1115. Riparian right of. 1916C, 139. Liability of railroad for injury to access of abutting owner by change of grade. 1916C, 433 ; 1916D, 1074. Liability of municipality for interference with access to abutting property by change of street grade. 1916C, 433. ACCESSION AND CONFUSION. Annotation. Confusion of goods "by inevitable acci- dent. 1917D, 851. Right of public to maps and plats prepared by officer out of office hours upon paper taken from discarded public books. 1917B, 1176. Right of creditor of grocer holding secured claim antedating a transfer, invalid as to creditors, of a part interest in the business, in consideration of additions to stock, to enforce his lien by sale of the commingled assets. 1917D, 619. Rights in money received by warehouseman by way of salvage in case of confusion of goods of different persons in ware- house by fire. 1917D, 847. ACCESSORY. To crime, see CBIMINAL LAW. ACCIDENT. To passenger, see CARRIERS. Presumption of negligence from, see EVI- DENCE. Inevitable accident, see INEVITABLE ACCI- DENT. Insurance against, see INSURANCE. As cause of death or injury of insured, see INSUBANCE. Proximate cause of, see PROXIMATE CAUSE. To person on railroad track or at crossing, see RAILBOADS. What constitutes injury by accident within meaning of Workmen's Compensation Act, see WORKMEN'S COMPENSATION. In general, see NEGLIGENCE. Annotation. . Aft ground for relief from, divorce. 1917B, 459. Homicide by. 1917C, 533. Evidence of declarations as to. 1915D, 503. ACCIDENT INSURANCE. See INSURANCE. ACCOMMODATION PAPER. What is. 1916A, 1049, 1215. Pleading in action against accommodation maker. 1916C, 767. Variance between pleading and proof as to. 1916A, 1049. ACCOMPLICE. Liability of, see CBIMINAL LAW. Proof of acts or declarations of, see EVI- DENCE. Question for jury as to. 1916F, 1251. Admissibility in evidence of articles taken from accomplice of accused. 1916D, 590. Corroboration. 1915D, 682; 1915E, 1222; 1916F, 1251. 8 ACCORD AND SATISFACTION ACTION ON THE CASE. ACCORD AND SATISFACTION. ACCOUNTS. As to compromise and settlement, see COM- PROMISE AND SETTLEMENT, Annotation. Payment of part of a liquidated and undisputed debt as a consideration for the discharge of the whole. 1917A, 719. Retaining check stating that it is in full payment. 1917A, 716. Agreement to accept less than full amount. 1917A, 716, 725. Accord with agent of debtor. 1917A, 725. ACCOUNT BOOKS. As evidence, see EVIDENCE. Condition in insurance policy as to keep- ing of, see INSURANCE. In general, see ACCOUNTS. ACCOUNTING. Suit by stockholders for accounting, see CORPORATIONS. By personal representative, see EXECUTORS AND ADMINISTRATORS. Annotations. Between members of partnership which is illegal, or which has been en- gaged in illegal business. 1917 A, 446. Bight of creditor of individual partner or of his estate to appear in pro- ceedings for the settlement of af- fairs of partnership. 1917B, 1O47. Jurisdiction to entertain bill for, where com- plainant's claim is based on contract. 1915B, 1052. Collusiveness of judgment as to all matters litigated in action for partnership ac- counting. 1917F, 1006. In action of ejectment. 1915F, 771. By guardian. 1916A, 627. Against bank for application of funds of third person to payment of overdraft. 1915A, 715. By corporate directors on closing business. 1915D, 632. Suit by member of railroad relief association for accounting on his discharge for sums paid. 1916A, 1145. Right of employees whose compensation is based on a percentage of sales and who are discharged because of attempted organization of rival business, to seek accounting in equity. 1915B, 1152. As evidence, see EVIDENCE. Annotations. Effect of devise or bequest of store, shop, or business to pass book ac- counts. 1917D, 437. Effect of retaining statement of account to render it an account stated. 1917C, 447. Application of usury law to purported sale or assignment of accounts. 1917E, 1121. Effect of silence to constitute a bill nn account stated. 1917C, 445. Usury in transaction by which accounts are assigned. 1917E, 1110. What constitutes a closed account within rule that usury cannot be recovered back on a closed account. 1917E, 1110. Effect of omission of item of interest from statement of account. 1916A, 568. ACCRETIONS. Right to, see WATERS. ACCUSED. In general, see CRIMINAL LAW. Evidence of confession by, see EVIDENCE. Necessity of presence of. 1917B, 344; 1917C, 610. Cross-examination of. 1915B, 131. ACKNOWLEDGMENT. As effecting limitation of actions, see LIMI- TATION OF ACTIONS. Sufficiency; necessity. Necessity of acknowledgment of gift of sav- ings bank deposit. 1915B, 396. Failure of clerk to certify that acknowledg- ment was taken in accordance with law of place where made. 1915C, 492. Sufficiency of certificate to meet statutory requirements. 1915C, 492. Effect of defective acknowledgment of par- tition deed. 1917F, 566. ACQUIESCENCE. Estoppel by, see ESTOPPEL. ACTION ON THE CASE. See CASE. ACTION OR SUIT. ACTION OR SUIT. In general. Premature; conditions precedent. Defenses. Kind; name. Splitting; successive suits. Joinder. Multifariousness. In general. Abatement of, see ABATEMENT AND REVIVAL. Appearance, see APPEABANCE. Stipulation in carrier's contract as to time of commencing suit for injury to or loss of goods, see CARRIERS. Compromise of, see COMPROMISE AND SETTLE- MENT. Comity in general, see CONFLICT OF LAWS. Continuance or adjournment, see CONTINU- ANCE AND ADJOURNMENT. Jurisdiction of courts, see COURTS. Dismissal and discontinuance, see DISMIS- SAL OR DISCONTINUANCE. Injunction to restrain, see INJUNCTION. Civil damage suits, see INTOXICATING LI- QUORS. Limitation of actions or suits, see LIMITA- TION OF ACTIONS. Effect of, on running of limitation, see LIMI- TATION OF ACTIONS. Parties, see PARTIES. Removal of, see REMOVAL OF CAUSES. Venue of, see VENUE. Service of process in, see WRIT AND PROC- ESS. On bill or note, see BILLS AND NOTES. On bond, see BONDS. Action on the case, see CASE. Action for death, see DEATH. To enforce judgment, see JUDGMENT. For libel, see LIBEL AND SLANDER. By stockholder of corporation, see CORPORA- TIONS. By or against foreign corporation, see COR- PORATIONS. By or against executor or administrator, see EXECUTORS AND ADMINISTRATORS. By husband or wife, see HUSBAND AND WIFE. By or against incompetent, see INCOMPE- TENT PERSONS. By or against receiver, see RECEIVERS. Due process as to right of action. 1916A, 403; 1916D, 412. Inciting institution of fictitious suit as con- tempt. 1915B, 689. Forbearance to sue as consideration for con- tract. 1917A, 1068. Effect of institution of suit to determine validity of statute to prevent its going into effect. 1917B, 1. Right of alien enemy to maintain action. 1917C, 644. Right of payee of check to maintain action against bank for the amount of the check. 1915C, 531. Independent suit for alimony. 1915E, 421; 1916B, 919; 1917D, 773; 1917E, 490. Premature; conditions precedent. Conditions precedent to rescission of con- tract, see CONTRACTS. Condition precedent to suit against city, see MUNICIPAL CORPORATIONS. Annotation. Necessity of entry or formal declaration of forfeiture as a condition of maintaining action other than for damages, based on breach of con- dition subsequent in a conveyance of freehold. 1917C, SS2. Effect of appeal on time for bringing action. 1916B, ]272. Variance between pleading and proof as to date of accrual of cause of action. 1917F, 935. Prematurity of action to subject land to payment of judgment for alimony. 1916B, 1272. Prematurity of action for breach of promise. 1915D, 1190. Prematurity of mortgage foreclosure. 1915C, 993. Prematurity of suit on insurance policy. 1915F, 1210. When right of action accrues to creditor of corporation against directors for exceed- ing debt limit. 1916C, 189. Prematurity of action for wrongful attach- ment. *1917B, 350. Finding by Interstate Commerce Commis- sion as condition precedent to mainte- nance of action, 1916D, 253; 1917D, 750. Demand as condition precedent. 1915 A, 679; 1916D, 462. Notice as condition precedent. 1917C, 879. Filing of mechanics' lien as condition pre- cedent to action on contractor's bond. 1917D, 722. Cancelation of release as condition precedent to action at law to set release aside and recover damages. 1917E, 399. Condition precedent to action for breach of condition subsequent. 1917C, 879. Conditions of right to maintain action for fraud. 1915F, 962. Duty of members of fraternal society to exhaust all remedies within the order before resorting to civil courts. 1917 E, 995. Condition precedent to action on insurance policy. 1915D, 766; 1917E, 983. To action for replevin. 1917A, 69o. To action for breach of warranty. 1916C, 1001. To action of ejectment. 1915A, 679. To maintenance of mandamus proceedings. 1915D, 98. To action for malicious prosecution. 1915A, 601; 1915B, 1179. To action to enforce stockholders' liability. 1915B, 797. To action by stockholders. 1915D, 1J28. Defenses. In action for assault, see ASSAULT AND BATTERY. 10 ACTION OR SUIT. In action on negotiable paper, see BILLS AND NOTES. To action on bond, see BONDS. Tu action for breach of promise, see BREACH OF PROMISE. Right to .set up defense of ultra vires, see CORPORATIONS. Against liability of stockholders, see COR- PORATIONS. In action for causing death, see DEATH. In suit for divorce, see DIVORCE AND SEPA- RATION. Laches as, see ESTOPPEL; LIMITATION OF ACTIONS. Burden of proving, see EVIDENCE, In action for false imprisonment, see FALSE IMPRISONMENT. In action on insurance policy, see INSUR- ANCE. In libel suit, see LIBEL AND SLANDER. In foreclosure suit, see MORTGAGE. In proceedings to abate nuisance, see NUI- SANCES. Negation of, see PLEADING. Violation of Sunday law as, see SUNDAY. To action for infringement of trademark, see TRADEMARKS. Usury as defense, see USURY. Annotation. Assignment of chose in action to one of the parties liable thereon as affect- ing defenses and equities as be- tween assignee and the other party. 1917F, 433. Time for interposing defenses in equity. 1917E, 490. Validity of statute abolishing. 1917D, 15. Who may set up defense. 1915B, 420; 1915C, 634; 1916D, 395. Right to set up in defense of liability on contract, breach of collateral agreement by plaintiff which has not injured the defendant. 1915A, 271. Right of agent of foreign corporation to de- feat action by corporation against him, on theory that corporation may not maintain action in state courts. 1916A, 640. Landlord's breach of covenant as defense to liability for rent. 191 5C, 649. Violation of law by plaintiff. 1916E, 1222 ; 1917A, 1276. Unconstitutionally of statute as to other persons. 1915D, 458; 1916D, 550; 1917D, 996. Advice of counsel. 1915D, 16. To father's action for the seduction of daughter. 1917D, 273. To liability of one aiding administrator in misappropriating assets. 1915C, 518. In mandamus case. 1915D, 288; 1915E 774; 1916F, 1033; 1917F, 776. In disbarment proceedings. 1915A, 663; 1915D, 1218. To local improvement assessment. 1916B 1027. Kind: name. As to election of remedies, see ELECTION OF REMEDIES. Effect of designating action by wrong name. 1917C, 1128, 1176. Form of action for injury from operation under statutory authority of garbage incinerator. 1917B, 329. Civil or criminal. 1917B, 113; 1917E, 650. At law or in equity. 1917A, 33li; 1'JITF, 692. Contract or tort. 1916F, 501. Splitting; successive suit*. Annotation. Damages sustained on account of in- juries to one's self -and another at the same time, as constituting one or more than one cause of action. 1917C, 544. Independent action by insurer against per- son responsible for loss where the same negligent act causes another injury to the same property not covered by the insurance. 1917C, 487. Publications of libel in different editions of newspaper as distinct causes of action. 1916A, 1074. Separate action for loss of rents caused by permanent injury to the freehold. 1916E, 966. Successive actions for wrongful discharge of servant. 1916F, 926. Successive actions for damage to property by odors and deposit of ashes, etc., from garbage incinerator plant. 1917F, 475. Successive suits for injuries from nuisance. 1916E, 958, 983, 990. Successive actions for injury by diversion of water for public water supply. 1916E, 981. Injuries by flooding. 1916E, 958, 962, 990. Actions for pollution of water. 1915A, 369. Action for personal injuries. 1916B, 742; 1916D, 1164. Injuries to man and wife. 1917C, 543. Injuries to person and to property. 1917C, 543. Joinder. Joinder of parties, see PARTIES. Raising for first time on appeal question ot misjoinder. 1915D, 766. Joining claim for damages with suit for in- junction. 1915C, 624. Joining counts at common law and under the Federal Employers' Liability Act. 1915C, 33. Joining suit for reformation of insurance policy with action to recover amount due thereon. 1917F, 663. Joint suit by beneficiaries of trust induced by fraud to assign their interests. 1915E, 451. Joinder of suit against owner of building negligently constructed and against city negligently permitting it to be con- structed. 1915E, 1069. Multifarionsness. Multifariousness of bill for partition. 1917D, 357. ACT OF GOD ADMISSIONS. 11 ACT OF GOD. Presumption and burden of proof as to. 1915C, 423; 1915D, 547. As ground for nonperformance of contract. 1916F, 3; 1917A, 648. Effect on carrier's liability. 1915D, 547; 1916A, 545; 1916D, 974; 1917E, 1011. As excuse for failure of carrier .to return ex- cursionists to their homes. 1915C, 477. Effect of, on forfeiture of recognizance. 1916E, 595. What constitutes, within exception in char- ter party. 1915C, 423. What constitutes, -within meaning of proviso in Hours of Service Act. 1915D, 408. Flood as. 1916F, 1289. ADAMSON LAW. Validity of. 1917E, 938. ADDITIONAL INSURANCE. Provision against, see INSUBANCE. ADDITIONAL SERVITUDE. See EMINENT DOMAIN. ADEMPTION. Of legacy, see WILLS. ADJOINING OWNERS. Rights in party wall, see PABTY WAIL. Annotations. Obstruction of view by adjoining own- er. 1917C, 1135. Duty as to maintenance and repair of retaining wall. 1917F, 683. Liability of one who, in constructing build- ing close to wall on adjoining lot, chokes intervening space with debris, for resulting injury. 1916D, 764. Casting of water from eaves over boundary line. 1916A, 689. Right of one upon whose property portions of a retaining wall fall from adjoining property, to damages. 1917F, 680. Duty of successor in title of one building a retaining wall, upon removing lateral support on an adjoining lot, to keep the wall in repair. 1917F, 680. Injunction to compel one to repair, retaining wall to prevent its falling onto adjoin- ing property. 1917F, 680. ADJOURNMENT. Of action, see CONTINUANCE AND ADJOURN- MENT. Appointment of committee which is to en-, dure beyond adjournment of legislature. 1915E, 496. ADMINISTRATION. Of decedent's estate, see EXECUTORS AND AD- MZNISTBATOBS. ADMIRALTY. In general. Liability of marshal seizing boat in admi- ralty proceedings for loss thereof. 1915A, 193. Jurisdiction. Annotation. Jurisdiction and determination of suits for adjustment of rights between part oumers of ship. 1917 A, 11O8. Conflict of jurisdiction. 1916A, 436 ; 19 1 6D, 935; 1C17F, 671. Of suit for adjustments of rights between part owners of ship. 1917A, 1100. Action for death of seaman. 1916A, 1149. Jurisdiction to enforce rights of employee under Workmen's Compensation Act. 1916A, 436; 1916D, 935. Extending state Workmen's Compensation Act to injuries occurring on local waters within admiralty jurisdiction of the United States. 1916A, 446. Practice; extent of relief. Annotation. May substantive law of state be in- voked in an action for personal in- juries, not resulting in death, on waters within the maritime juris- diction. 1917f, 078. Pleading. 1916A, 1149. ADMISSION. To school, see SCHOOLS. ADMISSIONS. Estoppel by, see ESTOPPEL. As evidence, see EVIDENCE. By pleading or failure to plead, see PLEAD- ING. 12 ADOPTED STATUTE ADVERSE POSSESSION. ADOPTED STATUTE. ADVERSE POSSESSION. Construction of, see STATUTES. ADOPTION. Of Constitution, see CONSTITUTIONAL LAW, Of child, see PARENT AND CHILD. Of statute, see STATUTES. ADULT CHILD. Paront's right of action for death of. 1916C, 964; 1916E, 185, 704. Right of action for death of parent. 1916E, 172. ADULTERATION. Of food, see FOOD. ADULTERY. Annotations. Of plaintiff as ground for relief from a divorce decree. 1917B, 464. Adultery of wife icith consent or con- nivance of husband as justification of abandonment or nonsupport by latter. 1917 D, 64O. Indictment for. J916C, 651. Prejudicial error in instructions. 1915F, 1087. Evidence in prosecution for. 1915F, 1087. Application of statute providing for punish- ment of, to unmarried man having illicit intercourse with married woman. L.R.A.1915D, 438. Competency of husband to testify to fact of marriage in prosecution of stranger for commission of adultery with his wife. 1915F, 1087. Sufficiency of proof of adultery for a pe- cuniary consideration to sustain action for alienation of wife's affections. 1917E, 935. Of plaintiff, as defense to divorce suit. 1915E. 07-2. Effect of adultery of wife with collusion of husband to relieve him from the duty of supporting her. 1917D, 639. ADVANCES. Recovery of advances made by automobile a:rnt under automobile distribution contract. 19153, 109. In general. As to remaindermen. As to public; highway, canal or tide- land. Color of title. Claim; hostility. Extent and kind of possession. Effect; time required. In general. Of land conveyed, effect on validity of con- veyance, see CHAMPERTY AND MAINTE- NANCE. Easement by prescription, see EASEMENTS. As to limitation of actions, see LIMITATION OF ACTIONS. Notice of rights from possession of land generally, see NOTICE. Right to register title gained by prescrip- tion. 1916D, 3. AM to remaindermen. Annotation. When does possession under invalid proceedings for sale of decedent's land to pay his debts become ad- verse as to remaindermen. 1917E, 1109. When possession by purchaser at void administrator's sale becomes adverse against remaindermen. 1917E, 1103. As to public; highway, canal, or tide- land. Of railroad right of way. 1916B, 653. Color of title. Unrecorded deed. 1915B, 1006. Claim; hostility. Presumption that use of portion of railroad right of way not needed for operation of railroad is permissive. 1016B. 053. Hostility of possession by life tenant to re- maindermen. 1917E, 1103. Extent and kind of possession. Constructive possession only. 1917D, 900. Cutting of timber from land, fencing it, and erecting buildings for recreation camp which are occupied at owner's conven- ience. 1916D, 3. Effect; time required. Annotation. Possession of executor or administrator as continuance of that of ancestor. 1917C, 147. Effect of adverse possession by trustee to bar recovery on ground that trust was void. 1917C, 937. Tacking. 1917C, 143. ADVERTISEMENTS AGRICULTURE. 13 ADVERTISEMENTS. For letting of public contracts, see CON- TRACTS. Annotation. Prohibiting or restricting, as interfer- ence with interstate commerce. 1917E, 7O1. Wrongful use of name and likeness of per- son for purpose of. 1915C, 839. Right of tenant to use walls of building for signs. 1915B, 1057. Of liquor, statute or ordinance forbidding. 1915E, 640; 1916B, 893; 1917C, 639. *- ADVICE OF COUNSEL. Improper advice by attorney to client as ground for disbarment. 1916A, 1171. As defense to action for malicious prose- cution. 1915B, 1179; 1915D, 16. AEROPLANES. Injury to patron at fair by one employed to make aeroplane flight. 1915E, 469. * AFFECTIONS. Alienation of, see ALIENATION OF AFFEC- TIONS. AFFIDAVITS. Time for objection that warrant for search of premises was not supported by affi- davit. 1915D, 330. False swearing in affidavit that persons for whom marriage certificate is asked are of lawful age. 1916B, 848. Presumption as to power of notary of other state to take. 1916A, 1167. Right to bring misconduct of prosecutor in his address to the jury before the ap- pellate court by affidavit. 1917F, 646. Validity of mortgage foreclosure sale made after service on sheriff of purported af- fidavit of illegality. 1917B, 513. On motion for new trial. 1915F, 922. Libel by statements in affidavit for new trial. 1915C, 986. Of juror to support verdict on motion for new trial. 1915D, 569. For service by publication. 1917C, 148, 171. In contempt proceeding. 1917B, 113; 1917E, 650. In application for injunction against nui- sance. 1917F, 1076. In suit to quiet title. 1916B, 1209. As evidence. 1917B, 113, 1132; 1917E, 1011. AFTER-ACQUIRED TITLE. Estoppel to set up. 1917D, 228. AFTER-BORN CHILDREN. Liability for injury to infant before birth. 1917B, 334. AGE. Of alleged accompli^ as affecting necessity of corroboration of testimony. 1915E, 1222. Provision in devise contemplating attain- ment of specified age as rendering gift contingent. 1915C, 993, 1009. AGENCY. See PRINCIPAL AND AGENT. AGGRAVATION. Of condition existing at time of personal injury. 1915D, 834. AGISTER. Negligence of, as question for jury. 1915E, 590. Duty of agister to furnish cattle with water, 1915E, 590. AGITATOR. Libel by charging one with being an agi- tator. 1916D, 587. AGRICULTURE. As to farm loans, see FARM LOANS. Annotations. Who is a farm laborer within meaning of Workmen's Compensation Act. 1917D, 147. Who is a "farm" or "agricultural" la- borer within statute giving lien. 1917D, 382. Effect upon state insolvency laws of provisions of Federal Bankruptcy Act excepting farmers from invol- untary bankruptcy. 1917A, 1O9. Property covered by insurance on "farming utensils." 1917B, 937. 14 AGRICULTURE ALLEYS. Liability of state board of agriculture hold- ing a fair, for injury to patron. 1915E, 469. Personal liability of irembers of state board of agriculture. 1915E, 469; 1915F, 578. Exclusion of agricultural or horticultural organizations from operation of Federal income tax. 1917D, 414. Destruction of fruit trees affected by dis- ease. 1917C, 894. Involuntary bankruptcy proceedings against farmer. 1917A, 105. Total disability of farmer within meaning of insurance policy. 1917C, 910. Right of employees engaged in, to benefit of Workmen's Compensation Act. 1916E, 626. Effect of exclusion of farm laborers from operation of Workmen's Compensation Act. 1916D. 412; 1917D, 1, 15. Who is a farm laborer entitled to lien. 1917D, 377. AIDING AND ABETTING. Aiding and abetting forgery. 1916F, 1251. Liability of powder company aiding negli- gent and illegal storage of dynamite. 1917F, 021. Liability as accessory of one aiding and as- sisting in false pretense. 1917E, 797. AIR. Easement of. 1915D, 1115; 1917A, 524. ALCOHOL. Annotation. Construction and effect of provisions against Keeping, on insured prem- ises. 1917C, 278. Liability for act of bartender in pouring alcohol over foot of guest and setting fire thereto. 1916E, 269. Injury to child by denatured alcohol. 1915E, 191. ALDERMEN. Delegation of power to. 1915E, 264. ALIENATION. Of affections, see ALIENATION OF AFFEC- TIONS. Suspension of power of, see PERPETUITIES. Restraints upon, see COVENANTS AND Comn- TIONS; WILLS. Of property by municipality. 1915A, 1106. ALIENATION OF AFFECTIONS. Annotation. May action for alienation of affections rest upon a breacJi of contract or negligent tort. 1917B, 6SO. Effect of divorce decree to bar action for. 1915C, 870. Evidence in action for. 1915C, 870. Sufficiency of proof in action for. 1916E, 1086; 1917F, !>: } ,.3. Of wife, husband's right of action for. 1917B, 679. Competency of wife who has secured divorce as witness in action by husband for alienation of her affections. 1910C, 870; 1917F, 935. Of husband, wife's right of action for. 1915A, 67; 1916E, 1083. ALIEN ENEMIES. See WAB. ALIENS. As to inheritance by, or through, aliens, see DESCENT AND DISTRIBUTION. As to alien enemies, see WAR. Effect of woman's marriage to alien on her citizenship. 1916E, 127. Administration of estate of. 1915D, 373; 1917A, 486. Equal protection and privileges as to. 1915B, 151; 1916D, 545, 550. Subjecting alien lieirs to higher inheritance tax than domestic heirs. 1916A, 469; 1916D, 1127. Excluding aliens from privilege of securing license as auctioneer. 1915B, 151. Forbidding employment of aliens on public work. 1916D, 550. Requiring that SO per cent of employees shall be qualified electors or native- born citizens. 1916D, 545. ALIMONY. See DIVORCE AND SEPARATION. ALLEYS. Annotation. Use of private alley by public as per- missive or prescriptive. 1917E, 723. Right of abutting owner to close. 721. 1917E,. ALLUVION AMUSEMENT. 15 ALLUVION. Annotation. Division, in absence of special agree- ments, of \cater front, alluvion, and flats between adjoining ri- parian owners. 1917B, 786. ALTERATION OF INSTRUMENTS. In general. Annotations. Addition of name of attesting ivitness to instrument as an alteration. 1917D, 82S. "Effect of changing name of grantee in deed. 1917JE, 815. Estoppel to set up defense of alteration. 1915A, 166. Parol evidence to show. 1916F, 687. Alteration of warehouse receipt by agent by erasing his own name and inserting that of the principal. 1916F, 289. Changing name of grantee in dcod and recording it in the new name. 1917E, 814. Bills and notes. Addition at instance of maker, of name of a witness to the signature of the surety. 1917D, 826. Indorsement upon back of note of partial payment made on the date of the note by persons not appearing as parties. 1916F, 209. Making memorandum on note. 1916D, 528. Authority to fill blanks. 1916F, 1263. Changing name of payee. 1P15A, 166. Changing name of month. 1916F, 1263. ALTERNATIVE ALLEGATIONS. In pleading. 1915B, 900. ALTERNATIVE "WRIT. Of mandamus, sufficiency of. 1917F, 776. AMBIGUITY. Parol evidence to explain, see EVIDENCE. In statute. 1916D, 435; 1917 A, 1198; 1917B, 1276. Of demand for autopsy by insurance com- pany. 1915D, 1199. AMENDMENT. Of record on appeal, see APPEAL AND ER- EOB. Of Constitution, see CONSTITUTIONAL LAW. Of by-laws of insurance company, see IN- SURANCE. Of pleading, generally, see PLEADING. Of statute, see STATUTES. Of verdict, see TRIAL. As affecting limitation of actions. 1916B, 910; 1!>16D, 316; 1917F, 414. Of municipal charter. 1917A, 1244. Of corporate charter. 1915B, 811; 1916A, 1133. Of execution. 1915A, 706. Of writ of mandamus. 1915D, 288. Of writ generally. 191CD, 220. Of return to writ. 1917C, 148. AMERICAN MEDICAL ASSOCIA- TION. Delegation of power to. 1917D, 996. AMOUNT. Of license fee, see LICENSE. Of judgment. 1915E, 385. AMOUNT IN CONTROVERSY. For purpose of jurisdiction on appeal 1915E, 455; 1917B. 723. For purpose of jurisdiction, generally. 1917B, 924. AMUSEMENT. Sunday amusements, see SUNDAY. See also BATHING RESORTS; BOAT LTVEBY; GOLF COURSE; MOVING PICTURES; THEATERS. Annotations. Games or amusements which are prop- er S'ibjects for exercise of police power. 1917E, 318. Municipal liability for injury from de- fects in building used for conveni- ence or pleasure of its inhabitants. 1917E, 695. Gift for, as a charity. 1917D, 1062. Amusement devices placed by lessee in amusement park as fixtures. 1915A, 654. Liability of lessor for injury to patron at place of amusement. 1915F, 700. Liability of owner of amusement park for assault by police constable. 1916E, 356. 18 AMUSEMENT ANIMALS. Liability of fair association for death of patron by negligence of concessionaire. 1915C, 632. Liability of state board of agriculture hold- ing a fair, for injury to patron. 1915E, 469. Injury to person at swimming pool while diving. 1915F, 689. ANCILLARY ADMINISTRATION. See EXECUTORS AND ADMINISTBATOBS. ANCILLARY RECEIVERS. See RECETVEBS. ANESTHETIC. Death of insured from poisoning by. 1916E, 1203. ANIMALS. In general. Injury to, or killing of. Liability for injuries by. in general. dogs. running at large. Animals with infections diseases. Cruelty to. In general. As to agisters, see AGISTERS. As to trailing of criminal with bloodhounds, see BLOODHOUNDS. Transportation of, see CARRIEBS. Constitutionality of regulations as to, see CONSTITUTIONAL LAW. As to game, see GAME AND GAME LAWS. Fright of, generally, see FRIGHT. Fright of, by noise of railroad train, see RAILBOADS. Annotations. Keeping of pigs as nuisance. 1917C, 212. Duty of seller to disclose defect in. 1917C, 619. Implied warranty of fitness of animate fold for slaughter. 1917D, 823. Liability for death of, or injury to, one attempting to stop a runaway horse. 1917C, 1O83. Larceny of. 1915E, 848 : 1916E, 768. Measure of damages for conversion of 1915B, 291. Payment of board furnished to, as con- dition precedent to action to recover possession. 1916B, 748. Priority between chattel mortgage on horses and lien for their board. 1916B, 748. Priority of lien of mortgage on animals over claim of o :e taking them damage fea- sant. 1916E, 524. Change of location of insured animals. 1915B, 361. Breach of warranty on sale of stallion. 1915B, 1216. Liability for false pretenses in selling. 1916C, 1101. Duty of seller to disclose defects in. 1917C, 617. Implied warranty of fitness on sale of ani- mal to be slaughtered for food. 1917D, 822. Drought as excuse for nonperformance of contract to furnish pasture. 1917A, 648. Nuisance consisting of hog ranch and garbage assembled to feed the hogs. 1917E, 1007. Keeping of pigs as nuisance. 1917C, 211. Voluntarily incurring risk in attempting to stop runaway horse. 1917C, 1080. Forbidding keeping under herd of calves un- der certain age unaccompanied by their mothers. 1915B, 213; 1917 A, 1185. Injury to, or killing of. Injury on railroad track, see RAILROADS. Annotations. Implied warranty of fitness of food sold for. 1917F, 475. Liability for unintentionally killing or injuring unlicensed dogs. 1917F, 435. Proximate cause of injury to. 1917C, 983. Measure of damages for. 1917C, 983. Injury resulting from fright. 1917C, 983. Injury on tracks of interurban railroad. 1917E, 767. Injury to, through failure to maintain suf- ficient fences. 1915D, 1074. Liability of bailee for destruction of, by fire. 1915B, 295. Recovery for injury, by excessive driving, to horse let on Sunday contrary to statute. 1915F, 644. Injury to, through negligence in sale of food for. 1916B, 1104; 191 7F, 475. Liability of seller for damage to, by im- proper medicine. 1916B, 1104. Necessity of knowledge by owner of vicious propensities of dog to justify another in killing it to protect his own animals 1915E, 372. Statute authorizing killing of dog worrying or chasing any domestic animal. 1915C, 359. Unlicensed dog running at large. 1917F, 434. Liability for injuries by. in general. Annotation. Contributory negligence of children in- jured by. 1917F, 93. ANIMALS ANTI-HOG-CHOLERA SERUM. 17 Liability of city for injury by. 1915E, 448; 1917A, 399. Liability of one harboring dangerous animal for damage inflicted by it. 1917E, 516. Liability of carrier for' injury by live stock escaping from cars. 1915D, 563. Liability of master for injuries to servant by vicious horse. 1915B, 433. Assumption by servant of risk of injury from horse. 1915B, 433; 1916D, 1229. Liability for injury by stock to land which it reaches because of railroad's failure to fence tracks. 1916E, 446. dogs. Annotations. Who is keeper or harborer of dogs. 1917E, 520. Contributory negligence of children in- jured by. 1917F, 92. Finding of facts in action for injury. 1916E, 710. Sufficiency of proof of identity of dog. 1916D, 1032. Evidence as to character of dog in action for injury. 1916E, 710. Statute making owner of dog liable in case it injures another person while out of the inclosure of the owner. 1916E, 710. Liability of person harboring. 1915A, 500; 1917E, 516. Liability of husband for injury by dogs harbored by wife. 3 915 A, 500. Liability of corporation for injuries by dog kept in its plant with knowledge of agent in charge thereof. 1917E, 516. Strict accountability, of one beeping vicious dog for protection of life and property. 1916D, 1032. Negligence in keeping vicious, unfastened dog in a duplex flat; injury to one opening door of owner by mistake. 1916C, 344. Knowledge of vicious disposition. 1916C, 344; 1916D, 1032. running at large. Liability of city for injuries by animal al- lowed to run at large in violation of ordinance. 1915E, 448. Priority of lien of chattel mortgage over claim of one taking animals damage feasant under statute prohibiting their running at large. 1916E, 524. Animals -with infections diseases. Liability of cattle inspector for injury to animal during inspection. 1915B, 1013. Statute as to sale of anti-hog-cholera serum. 1916F, 136. Crnelty to. Forbidding sale or exchange of animal un- fit for labor. 1916A, 950. ANNEXATION. To city, see MUNICIPAL CORPORATIONS. L.R.A. Tri. Index 1915-17. 2. ANNUITIES. Annotation. Testamentary annuity as payable out of corpus or income. 1917E, 58O. Question whether annuity is a charge upon both the corpus and income of the estate ( or upon the income only. 1917E, 578. ANNULMENT. Of marriage, see MARRIAGE. ANSWER. See PLEADING. ANTECEDENT DEBT. See PBE-EXISTING DEBT. ANTENUPTIAL CONTRACT. See HUSBAND AND WIFE. ANTI-ALIEN LABOR LAW. Validity of. 1916D, 545, 550. Suit to restrain enforcement of anti-alien labor law as a suit against the state. 1916D, 545. ANTICIPATED INJURY. Injunction to prevent. 191 6A, 739. ANTICIPATORY BREACH. Annotation. Damages for anticipatory breach of contract as provable claim in bankruptcy. 1917B, 585. Filing of involuntary petition in bankruptcy as an anticipatory breach of contract by bankrupt. 1917B, 580. Of contract; damages for, as provable claim in bankruptcy. 1917B, 580. Of executory contract of purchase and sale. 1915E, *851. ANTI-HOG-CHOLERA SERUM. Validity of statute regulating sale of. 1916F, 136. 18 ANTI-TRUST LAW APPEAL AND ERROR. ANTI-TRUST LAW. Combination in violation of, see MONOPOLY AND COMBINATIONS. APARTMENT HOUSES. As violation of covenant limiting use of lot to dwelling house. 1915F, 651. Lien upon baggage or furniture of tenants. 1915F, 664. Statute requiring fire escapes and fireproof stairways. 1917C, 1146. Negligence as 1 to elevator in. 1915E, 721; 1917E, 696. APPEAL. AND ERROR. In general. Right of appeal; what cases review- able. in general. finality of decision. criminal cases. Jurisdiction of particular courts. of Supreme Court of United States. of state courts. Transfer of cause; parties. right to transfer. effect; subsequent proceedings in court below. parties. mode; conditions. citation; notice; appearance. time. security. Record and case in appellate court. in general. what should be shown by. amending; perfecting. evidence. abstracts. case made; statements. bill of exceptions. assignments of error. briefs. Objections and exceptions; raising questions in lower court. definiteness; sufficiency. necessity for exceptions. time for exceptions. raising questions by motion or other mode. Preliminary motions; dismissal; abatement; abandonment. in general. grounds for dismissal. Hearing and determination generally; rules of decision. Who may complain. Evidence on appeal; amendments; trial de novo. Presumptions. What reviewable generally. Decisions in favor of party, or not af- fecting him. Objections as to which party is es- topped. in general. by requesting or obtaining rul- ing or decision. Interlocutory matters; orders, etc., not appealed from. Discretionary matters. in general; costs; contempt. continuance or adjournment. as to pleadings; indictment. as to evidence; witnesses; phys- ical examination. injunction. conduct of trial; jury. vacation or suspension of judg- ment or verdict; new trial. Questions not raised below. in general. causes of action or defense; new theories. as to pleadings, indictments, etc. as to evidence; witnesses; vari- ance. as to instructions. as to judgment, verdict, etc. Errors waived or cured below. in general. as to pleadings. as to evidence. as to instructions. taking case from jury. Review of facts. in general. of verdict. of findings of court. of findings by referee, etc. What errors warrant reversal. in general. as to pleadings. as to evidence. as to instructions. argument or remarks of counsel. remarks or conduct of judge. as to jury; conduct of trial. as to findings, verdict, or judg- ment. Judgment. in general. rendering modified judgment. remanding; granting new trial. costs; interest. effect of decision; subsequent proceedings. Rehearing. Liability on appeal bond. In general. For certified questions, see CASES CERTIFIED. In eminent domain proceedings, see EMI- NENT DOMAIN. From justice's judgment, see JUSTICE OF THE PEACE. As to bill of review, see REVIEW. Annotation. Possibility of appeal from dismissal of garnishment or attachment as affecting right to withhold property from debtor. 1917B, 591. APPEAL AND ERROR. 19 From tax assessment. 1915C, 380.' Right of one seized on body execution to bail pending appeal. 1915E, 340. Right to release pending- appeal on taking pauper's oath. 1916F, 103. Effect of stay of judgment pending appeal to extend period allowed for revival. 191 6E, 735. Necessity of, to review objections to local assessment. 1915D, 772. What constitutes authorization, by one ulti- mately liable for injury, of appeal by one against whom action is brought. 191.5F, 598. Parol evidence of condition attached to note given for money advanced to pay ex- penses of appeal. 1917C, 300. Effect of right of appeal upon plaintiff's right to dismiss the action. 1917C, 130. KtlVct of possibility of appeal from dismis- sal of garnishment of bank deposit. 1917B, 588. Effect of failure to plead pardon on appeal from conviction. 1917B, 567. Right of appeal; what cases review- able. in general. Denial to employer of right to appeal from findings of industrial commission fixing minimum wage. 1917C, 944. Writ of error to review canvass of primary election returns. 1917B, 723. Appeal from decision in primary election contest. 1917B, 723. Appealability of action for slander. 1915E, 455. finality of decision. Finality of judgment in suit for modifi- cation of prior decree. 1915A, 699. Finality of injunction order. 1917B, 1296. Probate decrees. 1915D, 754, 856. Order allowing alimony pendente lite. 1917C, 89. Judgment as to state's right to preference in assets of insolvent bank. 1916C, 1. criminal cases. Constitutional provision that appellate di- vision may allow appeal upon any question which in its opinion ought to be reviewed by the court of appeals. 1915D, 223. Right of state to appeal. 1915F, 1093; 1917F, 985. Jurisdiction of particular courts. of Supreme Court of United States. Over state courts. 1915A. 771, 1090; 1915C, 1, 572: 1916F, 919; 1917B, 580; 1917F, 1148. of state courts. Jurisdiction of appeal to test jurisdiction of recorder's coirt of a municipality. 1916A, 1228. Over constitutional questions; validity of statutes. 1916B, 1143. Amount necessarv for jurisdiction. 1915E, 455; 19176/723. Transfer of cause; parties. right to transfer. Who entitled to. 1917B, 1043; 1917E, 1. How lost or waived. 1916E, 892. effect; subsequent proceedings in court below. Annotations. Effect of pardon granted pending ap- peal. 1917B, 57O. Effect of appeal or right of appeal upon plaintiff's right to dismiss action. 1917C, 133. Effect of, on time for bringing action. 1916B. 1272. Effect of filing of supersedeas bond to extend time for revival of judgment. 1916E, 735. Effect of appeal or supersedeas bond to sus- pend judgment ousting persons from office. 1915E, 401. Effect of supersedeas bond executed after erroneous judgment has been carried into effect by sale of property, upon such sale. 19] 7C, 1176. Duty to pav alimony pending appeal from 'decree/ 1915B, 1071; 1915E, 567. Right to allow alimony and suit money after perfection of appeal. 1916F, ]257. Validity of pardon granted pending appeal. 1917B, 567. parties. Necessary parties defendant. 1917D, 666. mode; conditions. Right of receiver who brin~s action to ap- peal from adverse decision without per- mission of court. 1915D, 802. citation; notice; appearance. Sufficiency of notice. 1915B, 287; 1916B, 1069. Return. 1915C, 1. time. Setting aside judgment after time for ap- peal has elapsed. 3916E, 303. Statutory provision as to time for appeal by insurance company. 1917C, 1029. Implied repeal of statute as to time for ap- peal. 1917C, 1029. security. Right to devolutive appeal without bond. 1917E, 756. Giving of single bond on appeal from judg- ment in consolidated actions. 1915B, 396. Record and case in appellate court. in general. Dismissal of appeal for insufficiency of rec- ord. 1917B, 329. 20 APPEAL AND ERROR. Sufficiency of record to show impaneling of valid jury. 1917A, 1226. Sufficiency of record to show plea of res judicata. 1916D, 220. what should be shown by. Necessity that error in argument be shown by record on appeal. 1915C, 747. amending; perfecting. Motion by plaintiff to make an oral motion for nonsuit a part of the record; where plaintiff would not be benefited there- by. 1917D, 809. Amendment of cross petition in error. 1917E, 921. Treating petition in action by broker for commissions as amended where evidence shows that name of purchaser was other than that stated in the petition. 1917E, 1036. Filing supplemental record to show entry of judgment nunc pro tune. 1917F, 1. evidence. Right to reverse judgment for refusal to give affirmative charge if the evidence is not all in the record. 1915E, 372; 1916F, 1130. Striking out evidence. 1916E, 1264. abstracts. Failure to serve abstract and argument on one of the appellees. 1916D, 1127. Dismissal of appeal to question a ruling properly abstracted because of failure to furnish abstract on other questions. 1916C, 817. case made; statements. Necessity of statement of the case. 19] 5D, 754.' Striking statement from the record. 1917B, 319. Loss of case made in mail, as ground for new trial. 1917B, 1073. Necessity of incorporating improper re- marks of prosecuting attorney into the case made. 1915A, 1088. Time for presenting statement of facts to trial court. 1915A, 572. Order extending time for serving case made after expiration of statutory period. 1917E, 359. bill of exceptions. Necessity for. 1915A, 572; 1915F, 551; 1916C, 1275; 1916E, 1264: 1917F, 646. Bill showing two offers of proof of what should have been included in one offer; construction. 1917D, 408. Refusal to consider exceptions not noted in the bill of exceptions. 1917F, 974. Signing and sealing of. 1915F, 922. assignments of error. Sufficiency of assignment of error to admis- sion of evidence. 1916E, 420. Sufficiency of assignment of error to exclu- sion "of evidence. 1917D, 980. Cross errors. 1915B. 287 : 1917E, 1. Amendment of cross petition in error. 1917E, 921. briefs. Effect of failure of defendant in error to file a brief. 1915B, 221. Supplemental brief filed after submission of cause. 1917C, 469. Duty to point out errors and support con- tention with argument and authority. 1917E, 668. Striking brief from files for vituperative language. 1916A, 771. Objections and exceptions; raising questions in lower court. denniteness; sufficiency. Sufficiency to raise question of sufficiency of indictment. 1916D, 767. Sufficiency of objection to pleading. 1915A, 120. To admission of evidence. 1915E, 202, 991; 1915F, 558; 1916A, ]079, 1240; 1916C, 351, 1214; 1916F, 382; 1917 A, 740; 1917B, 1143. To instructions. 1915B, 415; 1915F, 1087. To- findings or conclusions of court. 1916E, 506. As to probable cause, in action for malicious prosecution. 1915D, 1. necessity for exceptions. Right to review ruling where no exception was taken to it as required by statute. 1916B, 1117. To admission of evidence. 1915 A, 491. To instructions. 1917F, 1307. To language of counsel. 10] 5D, 621. To question of trial court indicating opin- ion of guilt of defendant. 1917C, 89. time for exceptions. Necessity of making objection for insuf- ficiency of evidence before submission of the case. 1917F, 974. For objections to instructions. 1915D, 621. Objection that insane plaintiff cannot sue by next friend. 1917A, 299. Objection to instructions given. 1917A, 1226. Refusal of instructions. 1917A, 1226. raising questions by motion or other mode. Presenting question of wrongful direction of verdict or of error in instructions by mere certification of the evidence and charge of the court. .19150, 319. Motion for new trial. 1915A, 120; 1915F, 922; 1916A, 1240; 1917A, 1194. Preliminary motions; dismissal; abatement; abandonment. in general. Annotation. Right of appellant to dismiss appeal or writ of error. 19 17 A, 113. Dismissal of appeal from commissione - s to court in eminent domain proceedings. 1916E, 420. APPEAL AND ERROR. 21 Right of one who has appealed from order granting new trial to dismiss appeal and proceed with new- trial. 1917A, 111. Abandonment of appeal. 1915A, 839; 1915F, 726. grounds for dismissal. Annotation. Dismissal of appeal or error "by one joint defendant for nonjoinder of other defendant in whose favor judgment below was rendered. 1917D, 676. Dismissal of appeal by defendant from judg- ment in plaintiff's favor upon affirm- ance of order granting new trial to plaintiff because of allowance of a counterclaim. 1916C, 491. Voluntary payment and satisfaction of judgment after appeal. 1917A, 1157. Irregularities in papers or proceedings. 1915B, 396; 1917B, 329. Hearing and determination generally; rnles of decision. Liberal construction of complaint first at- tacked in appellate court. 1915A, 120. Construing instructions as a whole. 1917F, 1107. Moot questions. 1916C, 338. Who may complain. Right of party whose motion for a new trial has been granted to have rulings ad- verse to him on the trial reviewed on his cross appeal. 1915B, 287. Evidence on appeal; amendments; trial de novo. Judicial notice by appellate court, see EVI- DENCE. Ignoring evidence erroneously admitted. 1917B, 1245. Trial de novo. 1916A, 493. Presumptions. On appeal from rulings of Workmen's Com- pensation Commission. 1916A, 295, 321. As to sufficiency of evidence. 1917C, 1190. As to instructions. 1915E, 991. As to rulings on demurrer. 1915E, 465. As to findings or verdict. 1916C, 589; 1916F, 1021. What reviewaljle generally. Extent of review on appeal from decision under Workmen's Compensation Act, see WORKMEN'S COMPENSATION. On appeal from allowance of damages under Federal Employers' Liability Act. 1916C, 817. On appeal from refusal to modify prior de- cree directing sale by receiver. 1915A, 699. Consideration of mere assertions of error in briefs of counsel. 1917E, 668. Issues not raised by pleadings or passed upon by the trial court. 1915E, 794. Decisions in favor of party, or not affecting him. Right of party to complain of instruction favorable to him. 1916B, 622; 1917B, 350. Right of defendant in criminal case to com- plain of instruction which was prejudi- cial to the state. 1917E, 668. Objections as to which party i* es- topped. in general. Right of one who makes no attempt to prove a branch of his case at the trial to complain of failure of the court to consider it. 1916E, 1175. Right of one invoking jurisdiction of equity in controversy belonging exclusively to court of law, to raise question of juris- diction on appeal. 1916B, 799. Right to complain of instructions in accord- ance with stipulations at trial. 1916A, 744. Contending on appeal that evidence does not show a fact admitted on the trial. 1917E, 797. by requesting or obtaining ruling or decision. Right to complain of submission ol question to jury made at complainant's sug- gestion. 1915F, 977. As to pleadings. 1916E, 618. Evidence. 1915A, 120. Instructions. 1915F, 13; 1917B, 350. Interlocutory matters; orders, etc., not appealed from. Right to review validity of judgment upon which litigation depends where no ap- peal was taken from the ruling of the trial judge upon the attack made upon it. 1915C, 581. Effect of appeal from judgment refusing second new trial to bring up for review order granting the first new trial. 1915D, 621. Review of rulings on exceptions to a mas- ter's report not appealed from. 1917F 755 Pleadings. 1916C, 1275. Discretionary matters. in general; costs; contempt. i Review of discretion in refusing specific per- formance of contract. 1917F, 594. Reduction of verdict by the trial court. 1916C, 964. - Discretion as to cost bond. 1917D, 365. continuance or adjournment. General rule as to. 1915A, 120; 1917A, 1226. Refusal of continuance on ground of absence of nonresident witness. 1915A, 120. as to pleadings; indictment. Reiusal of motion to have entire answer stricken out where part of it is respon- sive. 1915E, 991. 22 APPEAL AND ERROR. Amendments. 1915A, 731; 1915D, 766; 1915F, 648; 1917E, 490. as to evidence; witnesses; physical examination. Admission of evidence. 1915B, 1179. View by jury. 1915F, 558. Exclusion of evidence. 1917 A, 501; 1917C, 89; 1917E, 258. injunction. Preliminary injunction. 1915F, 1012, 1107; 1916D, 136. conduct of trial; jury. Severance of proceedings to oust several in- cumbents from office. 1916D, 1090. Interference with trial judge in discharge of duty over trial jurors. 1916E, 1264. Order of proof. 1915D, 1021. Reopening case. 1915E, 1047. Submitting special issues to. jury. 1916D, 144. Time allowed for argument of case. 1917B, 738. vacation or suspension of judgment or verdict; new trial. Setting aside verdict. 1916D, 569. New trial. 1915B, 353; 1915D, 621; 1916C, 491, 566, 1155; 1916D, 1179; 1916E, 100. Vacation of judgment. 1916F, 837; 1917B, 984. Questions not raised below. in general. Objection that search warrant was not sup- ported by affidavit as required by stat- ute. 1915D, 330. causes of action or defense; new theories. Annotation. May Statute of Frauds be raised for first time on appeal where, under the pleadings, it might have been raised below. 1917B, 1O71. Rule that same cause of action must be pre- sented and tried on appeal that was tried in the court below. 1917F, 1096. Adding of issuable fact in the appellate court. 1917F, 1096. Sustaining verdict for plaintiff in action for alienation of affections where proof shows merely criminal conversation, which was not relied upon at trial. 1917F, 935. Action for personal injuries. 1915A, 363; 1915F, 888. In proceeding to foreclose railroad mort- gage; question as to stockholder's lia- bility. 1916F, 1067. Right of defendant in action to recover stipulated damages to raise on appeal question of general damages. 1916E, 1175. Right to complain of rule of damages in ac- cordance with theory upon which case was tried. 1916E, 983. Raising, for first time, on appeal question of right of carrier to waive failure to give notice of claim. 1917C, 433. Raising on appeal defense to forfeiture of oil and gas lease where forfeiture had been denied in trial court. 101713, 1184. Raising question of Statute of Frauds for first time on appeal. 1917B, 1061. Objection that corporation had not paid license fee. 1916A, 588. Right to recover on quantum meruit. 1916E, 788. Defense of estoppel. 1917A, 685. Defense of laches. 1917A, 685. Breach of covenant. 1916E, 901. as to pleadings, indictments, etc. Complaint, declaration, or petition. 1915D, 766; 1916D. 836. Reply. 1915E, 1047. Indictment. 1915D, 229. as to evidence; witnesses; variance. Admission of evidence. 1915A, 564; 1915C, 1163. Failure of proof. 1915E, 519. Variance. 1915C, 17; 1915D, 632. as to instructions. Duty of one dissatisfied with instruction to present request for instructions in ac- cordance with his views. 1915E, 294. as to judgment, verdict, etc. Form or amount of award in workmen's compensation case. 1916F, 957. Errors waived or cured below. in general. Effect of appearance to waive defects, see APPEARANCE. On appeal from justice's judgment. 1916B, 686. Submitting to compromise judgment as waiver of error. 1917A, 1017. Effect of failure to request instructions to preclude one from raising the objection that he was not guilty of the offense charged. 1917D, 944. Waiver of taking of view in other state by failure to except to grant of motion for taking of such view. 1917F, 974. Waiver of objection to making experiments at view by failure to object until the decree is entered. 1917F, 974. Failure to ask for new trial. 1915D, 1077. as to pleadings. Error in refusing to require government to elect in proceeding for contempt. 1917C, 485. Complaint, declaration or petition. 1915C, 367. Plea or answer. 191 6D, 777. Demurrer. 1916C, 752. APPEAL AND ERROR. 23 as to evidence. Admission of evidence. 1915C, 619. Exclusion of evidence. 1915C, 460; 1916C, 1001. Striking out evidence. 1917D, 1049. as to instructions. By other instructions. 1915E, 294, 1215. By verdict. 1916B, 622; 1917A, 1194. taking case from jnry. Directing verdict. 1916F, 1220; 1917D, 1049; 1917F, 1107. Review of facts. in general. Review of findings in workmen's compen- sation case, see WORKMEN'S COMPENSA- TION. Review of findings of fact by Federal Su- preme Court on writ of error to state court. 1917F, 1148. Giving findings construction which will sup- port judgment. 1917D, 549. of verdict. Instances of excessive damages, see DAM- AGES. Where the evidence reasonably tends to sup- port the verdict or there is a sub- stantial conflict of evidence. 1915A, 153; 1915B, 279, 364; 1915C, 531; 1915E, 959, 1215; 1916B, 1184; 1916C, 803, 1208; 1916D, 1176; 1916F, 548; 1917A, 415. Where the verdict is clearly wrong, or there is no evidence to support it. 1916D, 1280; 1916F. 869; 1917F, 540. Sufficiency of evidence to sustain. 1917E, 975. Sufficiency of evidence of fraud to overthrow verdict of the jury. 1915C, 3179. Peremptory instructions. 1917B, 919. Finding as to proximate cause. 1915E, 959. Finding as to good faith. 3 91 6 A, 669. In action on note. 1916D, 1280. Insurance cases. 1915C, 1179; 1916 A, 669. Xegligence cases. 3916D, 618; 1916F, 1110; 1917C, 507. Criminal cases. 1915A, 1078. As to damages and values. 1915A, 120, 491; 1915C, 39; 1915D, 292, 611; 1916C, 348, 808; 1917A, 1194; 1917C, 507; 1917D, 214. of findings of court. Findings by court sitting as jury. 1916C, 707. Review of evidence on appeal from directed verdict. 1916C, 1001. Findings based on tangible and sufficient evidence. 1916E. 1165: 1917B, 1043. Finding as to validity of claim to fund in condemnation case. 1917A, 685. Firiding as to existence of contract in action to enjoin breach. 1917B, 267. Ruling sustaining service of process on record and affidavits presented. 1917C, 148. Finding of absence of consideration in promissory note. 1917C, 1005. Finding that road is a regularly laid out highway. 1915E, 751. Finding that fare paid by interstate passen- ger was less than amount due under published rates. 1915E, 665. Finding as to recognition of illegitimate children. 1916E, 664. Of judgment as to custody of children. 1915B, 154. Disbarment of attorney. 191 5A, 663. In action of assumpsit. 1915A, 881. Authority of agent. 1916B, 856. Fraud; good faith. 1915A, 675. Findings of fact by trial judge in work- men's compensation case. 1916C, 1203; 1917A, 76. Review of findings of fact in equity. 1915B, 475; 1917D, 361. of findings by referee, etc. Review of findings in workmen's compensa- tion case, see WORKMEN'S COMPENSA- TION. Review of findings of master where evidence is not reported. 1916C, 218. Findings of master consistent with the other findings and with the evidence set out. 1917E, 389. What errors warrant reversal. in general. Reversal of judgment of appellate court in which action was tried de novo because of errors of nisi prius court. 1916B, 1117. Error not materiallv affecting result of pros- ecution. 1917E, 797. Criminal cases. 1915B, 103. as to pleadings. In action to rescind a contract or to re- cover damages. 1915A, 675. Refusal of trial court to permit filing of plea of res judicata in action of as- sumpsit. 19i6D, 220. Failure to attach exhibit to complaint. 1915F, 711. Failure to plead estoppel. 1915A, 288. Amendments. 1915A, 328. Striking out. 1915B, 678; 1915C, 319; 1915E, 991. Rulings on demurrer. 1916C, 767; 1916D, 761; 1917F, 380. Criminal cases. 1915B, 83; 1917C, 610. as to evidence. Right of insurance company to complain on appeal of court's refusal to compel pro- duction of evidence by plaintiff where company itself had previously pro- duced such evidence. 1917E, 983. Error in admission generally. 1915A, 742; 1916D, 777; 1917D, 666*; 1917E, 539. Evidence of mental distress of plaintiff in action for personal injury. 1916D, 1035. Evidence of insurance on life of person for whose death action is brought. 1915E, 1201. 24 APPEAL AND ERROR. Exhibition of infant to jury in bastardy proceedings. 1917B, 1143. In action against landlord for injury to third person by defect in premises. 1916F, 1110. In action under Workmen's Compensation Act. 1916E, 1201. In action for injury to property by nui- sance. 1916E, 983. In eminent domain proceeding. 1916E, 420. Criminal cases. 1915B, 389; 1915A, 1078. Immaterial admitted or uncontroverted facts. 1915A, 153, 1078; 1915B, 608; 1915D, 305; 1915E, 131; 1915F, 3; 1199; 1916A, 1190; 1916D, 644; 1916E, 743. Facts otherwise proved. 1916C, 1214; 1916F, 687; 1917F, 104C. Witnesses and their examination. 1915D, 1199; 1916A, 1190; 1916D, 644; 1916E, 420. Error cured by other evidence. 1915E, 1201. Error in admission cured by instruction, verdict, etc. 1917A, 365. Erroneous exclusion. 1915A, 232, 742; 1915C, 813, 1163; 1915D, 972; 1915F, 977; 1916B, 764; 1916D, 739, 1176; 1916E, 763; 1916F, 209, 939; 1917E, 539; 1917F, 475. as to instructions. Correctness as a whole of instruction, portion of which considered alone is in- sufficient. 1916F, 1237. Considering charge to jury as a whole; technical defects. 1917A, 501. Inconsistency in instructions. 1917C, 1066. Inapplicable instructions-, failure to com- plain of. 191 6A, 565. Refusal to reverse for errors not causing miscarriage of justice. 1917C, 89. Serious misdirection on material issue. 1916B, 695. Assuming existence of injury in action for personal injuries. 1915D, 83. As to duty of street car company to employ men of experience and ability to oper- ate cars. 1917D, 214. As to negligence of street car operator. 1917D, 214. Negligence of master. 1917E, 242. As to duty to keep lookout for animals on railroad track. 1915F, 127. As to contributory negligence of person killed by automobile. 1917D, 690. As -to contributory negligence of person falling down elevator shaft. 1915E, 721. As to probable cause for arrest. 1915D, 1. As to dependency of beneficiary of benefit certificate. 1916B, 901. Using permissive instead of imperative lan- guage in instruction as to elements of damages. 1916C, 808. As to damages on revival, after plaintiff's death, of action for personal injuries. 1915E, 1141. As to damages for delay in transportation; decline in market value. 1917A, 193. Instruction as to punishment practically in the language of a statute which fixes the maximum punishment but fails to provide a definite minimum. 1917E, 1129. As to right of jury to recommend punish- ment in homicide case. 1916D, 590. As to insanity of accused. 1916D, 519, 590. Instructing jury not to count witnesses. 1917E, 767. Singling out testimony of particular wit- ness and attempting to state rule for determining its weight. 1915C, 627. As to interest and appearance of witness. 1915E, 721. Failure or refusal to instruct. 1915A, 1078 ; 1915E, 413, 1031; 1917A, 306; 1917E, 726; 1917F, 502. argument or remarks of counsel. Improper remarks of county attorney. 1917F, 210. Where verdict was not affected by miscon- duct. 1916D, 395. Effect of instructions by court to disregard remarks. 1915 A, 153; 1917B, 984. Harmlessness of, where only question open was amount of damages. 1917D, 694. Asking witnesses who were with plaintiff at time of accident whether defendant had settled with them. 1917D, 549. Reference by counsel in contempt proceed- ings for nonpayment of alimony, to- defendant's duty to support his wife and child. 1917C, 89. Stating that victim of confidence game haa been reduced to poverty. 1917E, 797. Statement that accused was living an im- moral life. 1915A, 809. In suit against police officer for false im- prisonment. 1915D, 621. remarks or conduct of judge. Annotation. Admonishing or warning witness b;/ judge in criminal case as ground of reversal. 1917E, 859. Harmlessness of, where only question open was amount of damages. 1917D, 694. Threat to punish counsel for contempt for making proper objections. 1917D, 199. Direction to defendant on witness stand to answer questions of prosecutor by yes or no, and not to be dodging. 1917E, 857. Assumption by trial judge of burden of cross-examining accused. 1916A, 1190. Statement in sustaining objection to ques- tion, that it implies something that is- not of record. 1916D, 590. Statement of judge that he did not see how witness could have answered in any other way. 1916E, 420. as to jury; conduct of trial. Annotations. Effect of failure to swear jury. 1917D, 399. APPEAL AND ERROR. 25 J)elegatiy payee as af- fecting right to recover back money under mistake. 1917E, 34:9. Effect on right to recover of inability to place other party in statu quo. 1917E, 344. Liability of infant vendor for purchase price of property on rescission of the contract. 3915A, 1221. Liability in assumpsit for purchase price paid, of stranger whose false represen- tations aided infant in sale of prop- erty. 1915A, 1221. Recovery of unearned premium upon bond of public officer. 1915D, 966. Recovery of overcharges exacted by car- rier during existence of injunction re- straining putting in force of lower schedule. 1916C, 309. Of amount paid on forged check. 1915A, 77; 1915D, 1138; 1915E, 537; 1916E, 1296. Insurance premium paid. 1916A, 750. Voluntary payments; what are. 1916D, 462, 466; 1916F, 532; 1917A, 415. For mistake. 1916A, 711; 1916E, 618; 1916F, 532; 1917E, 344. For duress. 1916B, 667. public money. Recovery of money paid on forged draft asrainst United States Treasury. 1915D, 797. ASSUMPTION OF DEBT. As consideration for conveyance, see MORT- GAGE. ASSUMPTION OF RISKS. By servant, see MASTER AND SERVANT. By one depositing goods in warehouse. 1915D, 725. By one accepting invitation to ride in auto- mobile. 1917F, 253. By passenger on freight train. 1917C, 86. By guest at hotel. 1917C, 1146. Of danger from lack of fire escapes by lodger in building. 1917E, 250. ATTACHMENT. In general. Against nonresident or foreign corpo- ration. Effect; interest acquired. Procedure. in general; affidavits; petition, etc. bonds; liability on. dissolution; dismissal; setting aside. In general. Property exempt from, see EXEMPTIONS; HOMESTEAD. As to garnishment, see GARNISHMENT. Sale under, see JUDICIAL SALE. What property subject to, see LEVY AND SEIZURE. Mode and sufficiency of levy and return, see LEVY AND SEIZURE. Malicious attachment, see MALICIOUS PROS- ECUTION. Assault in protecting property from wrong- ful attachment. 1916B, *955. Want of probable cause for levy of. 1915A, 541. Exemption of nonresident from service of process in attachment suit. while tempo- rarily in state. 1915A, 694. Limitation of time for action against sheriff for failure to return attachment. 1915D, 1363. Right of attaching creditor of contractor to take advantage of his failure to file assignment of funds due under the con- tract. 1917F, 1123. What constitutes appearance in attachment suit, 1916F, 583. Estoppel of owner of property attached as that of another to set up his claim to it. 1916F, 939. Admissibility of evidence as to title to at- tached property. 1916F, 939. Against nonresident or foreign cor- poration. Against property of ambassador from Unit- ed States to foreign government resid- ing there. 1915A, 400. Against foreign corporation. 1915D, 115. Effect; interest acquired. Annotation. Effect of attachment and sale of stran- ger's property. 1917B, 4OO. Procedure. in general; affidavits; petition, etc. Necessity and sufficiency of process. 1917B, 395. bonds; liability on. Annotation. Effect of insertion of unauthorized pro- vision in attachment bond. 1917B. 993. ATTACHMENT A TTORNE YS. Estoppel by recitals in redelivery bond as to ownership of property. 1915A, 1132. dissolution; dismissal; setting aside. Annotation. Possibility of appeal from dismissal of attachment as affecting right to withhold property from debtor. 191-7 B, 591. ATTEMPT. To commit crime, see CRIMINAL LAW. ATTESTATION. Of wills, see WILLS. ATTORNEY GENERAL. Appropriation of money to pay assistant. 1917F, 770. Mandamus to compel governor to approve certificate by attorney general to se- cure warrant to pay for services of assistant. 1917F, 770. Effect of fact that expense of suit filed by attorney-general for the abatement of a nuisance is paid by private relators. 1915A, 615. Suit against, as suit against the state. 1916D, 545. ATTORNEYS. In general. Right to practise generally. Disbarment; suspension. in general. grounds for. Control of court generally. Relation to client. in general; liability. compensation; lien. In general. Argument of, see APPEAL AND ERROR; TRIAL. Appearance by, see APPEARANCE. As to district and prosecuting attorneys, see DISTRICT AND PROSECUTING ATTOR- NEYS. Annotations. Exemption of attorney from service of summons while in jurisdiction on legal business. 1O17B, 893. Misconduct of counsel for defeated spouse as ground for relief from divorce. 1917B, 464. Power of municipality to employ. 1917D, 24O. Kiglit of public body entitled to serv- ices of official attorney to employ otlier attorney in civil matters. 1917D, 251. Effect of presence of counsel for ward on validity of release given by him to guardian. 1916E, 854. Advice of counsel as defense to action for malicious prosecution. 1915B, 1179; 1915D, 16. Libel by statement by seller to attorney for buyer. 191 5E, 275. Waiver by accused of services of attorney. 1936D, 590. Right of client to recover from third per- son for services rendered by attorney which benefited both. 191 5B, 856. Validity of verdict received by attorney ap- pointed for the purpose by the trial judge. 1917E, 1085. Implied power of municipality to employ. 1917D, 237. Exemption of, from service of process. 1917B, 888; 1917C, 431. Contribution between members of partner- ship of attorneys. 1917A, 443. Effect of judgment requiring attorneys to return fees paid them for services, on rights of attornevs as between them- selves. 1917A, 443. Liabilitv of attorney for false imprison- ment. 1917B, 360. Libel by. 1915D, 578; 1916E, 779. Liability of attorney conspiring with cred- itor to defeat debtor's exemption. 1915A, 1186. Agreement of attorney to advance money to client for expenses. 1917B, 1140. Validity of contract for employment of, pro- cured through solicitation. 1917B, 1123. Solicitation of business by, as champerty. 1917B, 1140. Validity of contract with, for legal services in inducing certain disposition of prop- erty by a relative of the other parties to the contract. 1917F, 464. Validity of contract with attorney to ren- der assistance to prosecuting attorney in criminal case. 1916D, 459. Right to compel attorney to testify as to who employed him. 1916C, 593. Right to practise generally. Vested right to practise law. 1915D, 1218. Disbarment; suspension. in general. Annotation. Eligibility of suspended or disbarred attorney to judicial office. 1917B, 8O3. Eligibility to office of judge of suspended attorney. 1917B, 801. ATTORNEYS. 33 Inherent power of court to disbar. 1915D, 1218. Review on appeal of disbarment. 1915A, 663. Necessity of notice before disbarment. 1D15D, 1218. Who may bring charges for. 1915A, 663; 1915D, 1218; 1917B, 1132. Sufficiency of complaint. 1915A, 663. Necessity of verification of specification of charges. 1915D, 1218. Fact that findings involve matters lying outside the charges of the complaint. 1915A, 663. Right to trial by jury. 1915D, 1218. Admissibllity of evidence. 1915D, 1218; 1917B, 1132. Sufficiency of proof. 1915D, 1218. Defenses. 1915A, 663; 1915D, 1218. grounds for. Annotations. Right of attorney at law to solicit biisi- ness. 1917B, 1128. Concealment or failure to produce document as ground for disbar- ment or suspension. 1917B, 384:. Concealment of evidence. 1917B, 378. Solicitation of business. 1917B, 1132. Offering to pay witness. 1915A, 514. Misconduct of attorney in his capacity of probate judge. 1915A, 663. Participation in acts of mob. 1915C, 259. Insulting and offensive conduct toward judges personally. 1915D, 1218. Malicious attack on integrity of courts and judges. 1915D, 1218. False charge of wrong conduct of opponent and collusion with the court. 1916F, 394. Deviation by attorney from strict perform- ance of his duty to the court because of belief that his adversary is attempting to take an unfair advantage. 1916A, 1171. Obtaining information from members of grand jury concerning their vote. 1916A, 1171. Improper advice to client. 1916A, 1171. Control of court generally. Censuring of attorney for ignoring statu- tory provisions in closing an estate. 1915A, 514. Relation to client. in general; liability. Annotations. Consideration -for note or obligation (liven by attorney to cover loss on transactions conducted by liim for principal. 1O17H, fiO6. Remedy of attorney discharged without cause before completing service, or before expiration of time for which he Teas employed. 1917F, 4O6. L.R.A. Tri. Index 1915-17. 3. Imputing to client, knowledge of attorney. 1916D, 7. Confidential communications to. 1916C, 593. Liability of attorney who maliciously brings action for client. 1915A, 1186. Admissibility in evidence of attorney's dec- larations. 1917E, 1060. Liability for acts committed in good faith. 1917B, 360. Consideration for note given by attorney to cover loss on investments made by him for client. 1917B, 694. Right of attorney to damages for discharge before completing services. 1917F, 402. When limitations begin to run against claim of attorney for wrongful dis- charge. 1917F, 402. compensation; lien. Stipulation in contract for attorneys' fees to be added to obligation, see ATTOR- NEYS' FEES. Champertous agreements between attorney and client, soe CHAMPERTY AND MAIN- TENANCE. Annotations. Right of executor to allowance for at- torneys' fees for services rendered in attempt to establish or resist at- tack upon will. 191711, 4:50. Power of public body to employ attor- ney on contingent -fee. 1917D, 263. Liability of married woman for legal services in divorce suit. 1917F, 362. Attorney's services as necessaries with- in statute rendering wife or her property liable therefor. 1917F, 863. Effect of Carmack Amendment on applica- tion to claim based upon a loss of an interstate shipment, of local statute providing for attorney's fees. 1915E, 942. Statute allowing attorney's fee to success- ful plaintiff in certain cases. 1915E, 942. Attorneys' fees as element of costs. 1915B, 134; 1916A, 519, 784. Fees of, as cost of receivership. 1915A, 606; 1915F, 1219. Jurisdiction to allow fees to attorney em- ployed by receiver. 1915F, 1219. Allowance to administrator for attorney's fees. 191 6C, 759. Liability of municipality for attorney's fees. 1915D, 927. Payment of, out of public moneys. 1916D, 90. Husband's liability for services of wife's at- torney. 1915C, 467; 1917C, 335. Liability of married woman for services of attorney. 1915F, 1162; 1917F, 359. Contract for contingent fee. 1917D, 258. Contract to pay attorney percentage of sum obtained by way of settlement or com- promise in action for breach of promise. 1917D, 912. 34 ATTORNEYS AUTOMATIC ELEVATOR. Agreement of defendant in settling case to reimburse plaintiff for his attorney's fees; effect of contract for contingent fee. 1917B, 1140. Liability of judgment debtor who compro- mises claim for less than face of judg- ment to attorney whose contract en- titled him to a percentage of the recov- ery. 1917B, 1123. Sufficiency of service of notice of attorney's lien. 1917F, 1006. Right of one against whom judgment has been recovered and upon whom an at- torney's lien has been properly served to set off against such judgment a judg- ment assigned to him after the assign- ment of the former judgment. 1917F, 1006. ATTORNEYS' FEES. For right of an attorney to recover fees from his own client, see ATTORNEYS. Priority over mechanics' liens. 1917C, 1116. Effect of Carmack Amendment on applica- tion to claim based upon a loss of an interstate shipment, of local statute providing for attorney's fees. 1915E, 942. Effect of provision for, on negotiability of note. 1916B, 672, 697. Excessiveness of fees allowed. 1916B, 856. Validity of stipulation as to. 1915B, 928. Power of court to add attorneys' fees to amount of recovery on note. 1916F, 548. Sufficiency of tender to relieve from pay- ment of attorney's fees. 1916A, 568. Recovery of statutory attorneys' fees for nonpayment of insurance policy. 1916B, 1252. ATTORNMENT. By tenant. 1915C, 190. ATTRACTIVE NUISANCE. See NEGLIGENCE. AUCTION. Annotations. Effect of insertion of unauthorized pro- visions in auctioneer's bond. 1917B, 1O13. Right to ivithdraiv property from auc- tion sale after it has been offered. 1917A, 74. Discrimination in grant of license to auc- tioneer. 1915B, 151. Right of minority stockholders to insist on auction sale of assets of corporation on dissolution of company. 1917A, 1174. Effect of fall of auctioneer's hammer in re- sponse to fictitious bid to conclude con- tract with one who made highest bona fide bid. 1917A, 63. Withdrawal of property after it has been offered. 1917A, 63. AUCTIONEER. Annotation. Effect of insertion of unauthorized pro- visions in bond of. 1917B, 1O13. Delegation of power to license. 1915B, 151. Discrimination in grant of license to. 1915B, 151. AUDITOR. Proceeding to compel issue by, of warrants for statutory allowances to state of- ficers. 1915E, 858. Presumption of truth of certificate of. 1915D, 772. Sufficiency of auditor's findings to sustain verdict of jury. 1915D, 725. AUNT. Insurable interest in life of nephew. 1916F, 457. AUTHENTICITY. Sufficiency of proof of authenticity of tele- gram. 1915A, 862. AUTHORITY. Of agent, see PRINCIPAL AND AGENT. Question for jury as to, see TRIAL. Presumption and burden of proof as to. 1917E, 539. Sufficiency of proof of. 1917E, 539, 788. AUTOMATIC ELEVATOR. Delegation of power to license auctioneers. I Injury to person attempting to use. 1917E, 1915B, 15L 696; 1917F, 260. AUTOMOBILES. 35 AUTOMOBILES. In general. Public regulation and control. Negligence in use of. Contributory negligence. In general. As to gasolene stations, see GASOLENE STA- TIONS. As to jitney buses, see JITNEY BUSES. Annotations. Garage as a nuisance. 1917E, 369. Right to take toll for use of road or bridge by automobile. 1917E, 562. Automobile liability insurance. 1917F, 615. Automobile insurance against theft, robbery and pilferage. 1917F, 543. Regulating use, location, and construction of garage. 1915D, 603, 607. Estoppel to enjoin use of garage. 1916C, 939. Insurance on. 1915D, 239, 344. Insurance against loss or damage by theft. 1915B, 327; 1915E, 575; 1917F, 540. Insurance against owner's liability for in- jury to person or property. 1917F, 612. Lien on, for repairs. 1915D, 1141, 1146. Opinion evidence as to value of. 1915E, 959. Right of toll road company chartered before invention of automobiles. 1917E, 559. Bequest of lot and residence thereon and "all the contents of said residence" as passing automobile kept in garage on the lot. 1917D, 426. Damages for wrongful termination of em- ployment to sell on commission. 1916B, 868. Provision for liquidated damages in auto- mobile distribution contract. 1915B, 109. Right of automobile agent to recover ad- vance payments where he fails to sell any cars. 1915B, 109. Pleading in action on automobile distribu- tion contract. 1915B, 109. Disaffirmance of infant's purchase of. 1915C, 362. Novation of contract for purchase of. 1916C, 443. Authority of sales agent to give warranty. 1916C, 411. Priority between lien on automobile for in- jury done by it and rights of condi- tional vendor. 1916F, 935. Right of conditional vendee in possession of automobile to maintain action for in- jury to it. 1917D, 214. Right of conditional vendor of automobile to tires fitted thereto, when machine is reclaimed. 1916E, 254. Right of indorsee of notes given for pur- cliu.se price of automobiles who retakes car on failure to pay matured note, to bring a suit on the notes. 1917F, 462. Counterclaim of amount still due on pur- chase price in action for conversion of automobile by vendor. 1916C, 443. Time for which damages may be allowed un- der counterclaim for depriving pur- chaser of possession, in action for bal- ance of purchase price of automobile of which the seller had taken posses- sion on default in payment. 1916A, 912. Review on appeal of findings in action to recover money paid for automobile. 1915A, 881. Liability of bank paying draft attached to bill of lading issued for automobile where machine does not comply with manufacturer's contract with the pur- chaser. 1915A, 881: Construction of covenant on sale of auto- mobile to replace parts which break because of defective material or work- manship. 1917D, 1125. Liability of manufacturer of, for injury due to defects in car. 1915E, 287; 1916F, 696. Damages for injury to. 1915C, 319; 1915E, 959; 1915F, 723; 1917D, 214. Ordinary motor truck as an attractive nui- sance. 1917D, 875. Failure of one uriving vehicle at night to carry lights required by statute on lia- bility for injury by collision with auto- mobile. 1917F, 444. Right of driver to assume that road is safe for ordinary travel. 1917F, 253. Duty of municipality toward automobilists as to railings or barriers. 1916F, 1216; 1917D, 754. Collision of automobile with train at cross- ing. 1915A, 363. Contributory negligence of driver at rail- road crossing. 1916A, 842; 1916D,. 783; 1916E, 455, 816; 1917D, 549. Contributory negligence of driver injured on defective highway. 1915B, 953; 1916A, 1111. Imputing negligence of driver to passenger. 1915B, 953; 1916A, 1111; 1917A, 543; 1917F, 253, 444. Proximate cause of injury to person riding in. 1917A, 543; 1917C, 203. Question for jury as to whether person rid- ing in car of another is engaged in common enterprise with him. 1915E, 436. Driving automobile at speed prohibited by statute as wilful misconduct within meaning of Workmen's Compensation Act. 1916D, 903. Injury to bystander by skidding of auto- mobile due to slippery condition of pavement because of oil placed thereon, 1917E, 710 36 AUTOMOBILES. Public regulation and control. Annotation. Validity and effect of regulation as to parking or leaving automobiles standing in street. 1917F, 352. Delegation of power as to. 1915E, 264. Exclusion of, from certain streets. 1915E, 264. Forbidding parking of automobiles in streets. 1917F, 345. Imposition of license tax for revenue pur- poses. 1917B, 553. License tax on automobiles passing through state as interference with interstate commerce. 1917B, 553. Discrimination in license tax. 1915D, 322. Reasonableness of license tax. 1915D, 322. Graduating license tax on automobiles ac- cording to horse power of the machine. 1917B, 553. Effect of failure to procure license on lia- bility for negligent injurv. 1916E, 1216. Effect of operating without a license on right to recover for injury to auto- mobile or occupants. 1915D, 628; 1916E, 1212, 1222. Negligence in use of. In operation of jitney bus, see JITNEY BUSES. Annotations. Constitutionality of statutes giving lien on automobile for injuries done by it. 1917E, 928. Liability of one undertaking to give in- struction in driving automobile for negligent operation during instruc- tion. 1917A, 397. Intoxication of person operating auto- mobile. 1917 A, 313. Violation of statute or ordinance giv- ing one vehicle right of \vay as against another as affecting liabil- ity for injury. 1917D, 693. Liability for injuries by automobile set in motion by stranger. 1917D, 867. Liability of otcner upon the ground of dangerous agency, or of negligence in intrusting car to incompetent or negligent person, for injuries inflicted while the latter is oper- ating the car for his oirn purpose. 1917F, 384. Liability where automobile is being used by a member of owner's fam- ily. 1917F, 365. Assault b:f negligent operation of auto- mobile. 1917D, 95O. Duty owed to others by driver blinded by light on highway. 1917E, 1045. Lien upon automobile for injuries done by it. ]917E, 925. Evidence in action for injury. 1917 A. 306. 394. Question for jury as to negligence of driver. 1917D, 690; 1917F, 610. Question for jury as to whether driver was acting within scope of authority at time of accident, 1917E, 715. Instructions in action $or injury. 1917A, 306; 1917F, 610. New trial in action for injury. 1915D, 968. Injury to employee struck by automobile while going from one job to another as within protection of Workmen's Com- pensation Act. 1917A, 252. Effect of failure to procure license on lia- bility for negligent injury. 1916E, 1216. Automobile as dangerous agency. 1915D, 691. Liability of owner of automobile for in fur to guest. 1916E, 1190; 1917F, 253. When one riding with driver is engaged in a common enterprise with him so that he cannot recover for injury resulting from the driver's negligence. 1917 F, 253. Proximate cause of injury where automobile left by the driver on an incline with brake set is released by a stranger. 1917D, 864. Conviction of assault with intent to inflict bodily injury, of one striking another in highway with automobile. 1917D, 944. Liability of one conducting school for in- struction in automobile driving for in- jury through incompetence of pupil in- trusted with management of car by teacher. 1917A, 394. Liability of owner for injury while machine is being operated by third person gen- erally. 1917E, 715. Liability of keeper of motor livery for in- jury through negligence of one to whom he -let a car. 1915D, 691. Liability of owner for negligence of driver while using car for his own purpose. 1916A, 954. Employee of public garage in which auto- mobile is kept as servant of the owner. 1916B, 757. Liability of owner for injury while car is being operated by member of family. 1915A, 1130; 1915F, 216, 228: 1916D, 618; 1917E, 357; 1917F, 363, 380. Liability of joint owner of automobile for negligence of co-owner. 1916E, 1300. Liability of one of two persons using auto- mobile in common enterprise for neg- ligence of the other. 1915E, 436; 1915F, 876. Liability of guest for negligence of chauf- feur. 1915E, 439: 1915F, 876. Liability of city for injury by automobile operated by fireman. 1917E, 1170. Effect of traffic regulation giving automo- bile driver right of way at street inter- section. 1917D, 690. Effect of drunkenness of driver. 1917A, 306. Incompetency of driver to handle machine. 191 7F, 380. AUTOMOBILES BAGGAGE. 37 Illegal or dangerous speed. 1917A, 710; 1917E, 1170; 1917F, 610. Application of rule as to speed and con- trol of car by driver to case where he is unexpectedly confronted by a dan- gerous situation. 1917F, 253. Turning corner to the left at high speed. 1916A, 744. Failure to keep lookout. 1916A, 943. Violation of statute or ordinance. 1915D, >2S; 1916E, 1292; 1917A, 710; 1917E, 272, 1170. Attempt of driver to pass ahead of car turning in street in front of him. 1915D, 628. Failure to get wheels out of rut in time to avoid collision with motorcycle. 1917B, 753. Driving on main traveled roadway, al- though it is on extreme left of the driveway. 1917B, 753. Effect of signal of traffic officer on driver's duty. 1P17B, 133. Driving automobile past standing street car receiving or discharging passengers. 1917A, 710- 1917E, 272. Contributory negligence. Annotation. Violation of statute or ordinance giving one vehicle right of wai/ as against another as affecting liability for in- jury. 1917D, 693. Effect of violation of statute by driver to deprive him of defense of contributory negligence. 1915D, 968. Necessity of instruction as to. 1917A, 306. Prejudicial error in instruction as to. 1917D, 690. Evidence on question of. 1917A, 306; 1917F, 610. Assumption of risk of ordinary dangers by one accepting invitation to ride in auto- mobile. 1917F, 253. Contributory negligence in riding in auto- mobile with knowledge that chauffeur is drunk. 1915E, 588. Drunkenness of person injured. 1917A, 306. Application of law of the road to automo- bile turning around in street. 1915D, 628. Failure of guest who knew that canal ran across highway, to warn driver thereof. 1917F, 253. Right of one riding motorcycle in rut on proper side of road to rely entirely on approaching automobilist getting out of such rut; speed of motorcycle. 1917B, 753. Negligence of bicycle rider in turning from side to side to avoid collision when meeting automobile on wrong side of street. 19 16 A, 744. Driving upon highway with mule known to be afraid of automobiles. 1915C, 702. Negligence of pedestrian in stopping upon crosswalk without keeping constant watch for the approach of automo- biles. 1917B, 133. Failure of one crossing street in front of standing street car to observe that automobile is attempting to pass the car on the left, contrary to municipal ordinance. 1917C, 477. Doctrine of last clear chance. 1915C, 702; 1916A, 943. AUTCPST. Stipulation as to, in insurance policy. 1915D, 1199. AVALANCHE. Derailment of train by. 1915F, 1174. AVERAGE EARNINGS. Annotation. Computation of, under Workmen's Compensation Act. 1917D, 175. Determination of, as basis for compensation under Workmen's Compensation Act. 1916A, 371; 1917E, 277, 765. AWARD. In condemnation proceedings, see EMINENT DOMAIN. Under Workmen's Compensation Act, see WORKMEN'S COMPENSATION. AWNINGS. Requiring removal of awning posts from sidewalks. 1916C, 561. * BAD FAITH. See GOOD FAITH. BAGGAGE. In general, see CARRIERS. Innkeeper's liability for, see INNKEEPERS. Annotation. Right of carrier to grant exclusive train privilege to baggage or pas- senger transfer companies. 1917F, 10S5. Grant of exclusive privilege to solicit at railroad station. 1915B, 358; 1917F, 1080. ' 38 BAGS BANKRUPTCY. BAGS. Effect of failure of purchaser of potatoes to furnish sacks therefor as agreed. 1916D, 728. BAIL AND RECOGNIZANCE. Annotation. Effect of insertion of unauthorized pro- visions in bail bond. 1917B, 994. Conflict of jurisdiction between state court admitting criminal to bail under state law and Federal court arresting him for offense against Federal law. 1916E, 595. Right to; when admitted to. 1915E, 340. Right to release pending appeal on taking pauper's oath. 1916F, 103. Extension of recognizance to subsequent term of court. 1916F, 361. Forfeiture of bond. 1916A, 361; 1916E, 595. BAILMENT. In general. As to warehousemen, see WAREHOUSEMEN. General deposit in bank as a bailment. 1915A, 728. Distinction between bailment and loan. 1915F, 90. Distinction between bailment and condi- tional sale. 1917B, 615. Sufficiency of words to change character of possession from that of bailee in pos- session to purchaser. 1916F, 389. Cashier of bank who has agreed that prop- erty may be stored in the bank as bailee. 1915B, 542. Innkeeper as gratuitous bailee of trunk. 1916F, 234. Carrier as gratuitous bailee of baggage. 1916E, 478. Rights of purchaser from bailee. 1917B, 615. Instruction in action for breach of contract of bailment authorizing recovery as though action had been in tort. 1916F, 1036. Duty and liability of bailee. Who may maintain auction for loss of goods stored. 1917D, 493. Presumption and burden of proof as to negligence. 1915A, 594. Measure of damages for loss of property. 1917D, 493. Loss of or injury to property generally. L.R.A.1915A/594; 1915C, 712; 1916F, 1036. Loss of property by fire. 1915B, 295. Master's liability for theft by servant. 1915C, 712. Violation of Sunday law as defense to lia- bility of bailee for injury to property. 1915F, 644. BALLOTS. See ELECTIONS. BANK COMMISSIONER. Necessity of permission from, to sue re- ceiver of insolvent bank. 1917D, 1002. Limiting time for action by bank to re- cover property seized by. 1915E, 675. Suit against state banking commissioner as suit against the state. 1915F, 623. BANK EXAMINER. Note given to bank to enable it to pass examination by state bank examiner. 1916A, 1215. BANKRUPTCY. In general; jurisdiction; procedure. in general. effect of bankruptcy. Assets generally; what constitutes as- sets. Avoidance of prior transfer, prefer- ence, or levy. validity of prior transfers ox liens; preferences. Rights in assets; title, rights, and lia- bilities of trustee. Claims against estate; distribution. in general. what claims provable; set-offs. presentment and proof. distributive rights and distrib- ution. Discharge; effect. Assignment for creditors, see ASSIGNMENT FOB CREDITORS. As to insolvency, see INSOLVENCY. In general; jurisdiction; procedure. in general. /innovations. Who is ivithin protection of provision of Bankruptcy Act as to use in criminal proceeding of testimony given by bankrupt. 1917B, 614. Effect upon state insolvency laws of provisions of Federal Bankruptcy Act excepting farmers, wage earn- ers, and small debtors from invol- untary bankruptcy. 1917A, 1O9. Judicial notice of institution of bankruptcy proceedings. 191 6E, 303. Federal questions in bankruptcy case. 1917B, 580. BANKRUPTCY. Who is within protection of provision of Bankruptcy Act as to use in criminal proceedings of testimony given by bankrupt. 1917B, 608. Who may be adjudged bankrupt. 1916E, 628; 1917A, 105. Bankruptcy of partnership or member thereof. 1915E, 706; 1915F, 668; 1917A, 135. Eight of bankrupt or his creditors to in- tervene in suit by trustee to foreclose mortgage. 1916C, 633. Effect of payment by trustee under order of court to interrupt running of lim- itations. 1915B, 1221. Effect of assumption by vendee, on sale of bankrupt's estate, of judgment recov- ered by employee against the trustee, on recovery by the trustee on employ- er's liability insurance policy. 1916F, 876. effect of bankruptcy. Effect of adjudication of bankruptcy against one to whom material is sold on right to perfect lien after expiration of time provided for filing thereof. 1915F, 1132. Effect of institution of bankruptcy proceed- ings to destroy jurisdiction of state court proceedings to enforce a statu- tory lien. 1916E, 303. Effect of, to work dissolution of corpora- tion. 1916C, 189. Effect of adjudication in bankruptcy to in- terrupt running of limitations. 1915B, 1221. Effect of bankruptcy of principal contractor on liens of subcontractor and material- men. 1916F, 106. Effect of subsequent bankruptcy of corpo- ration on note given for stock. 1915A, 464. Right of one depositing stock to cover mar- gins to return thereof on bankruptcy of broker. 1916F, 488. Assets generally; what constitutes as- sets. Annotation. Interest of cestui que trust in spend- thrift trust as assets passing to trustee in bankruptcy. 19 17 A, 989. Venue of action to recover assets. 1917C, 393. Interest of cestui que trust in spendthrift trust as assets in bankruptcy. 1917A, 988. Goods sold with reservation of title, but to be resold at retail, as assets in bank- ruptcy of purchaser. 1917B, 667. Right of seller who has refused to permit buyer to reject goods to acquiesce therein after bankruptcy of buyer. 1916A, 634. Avoidance of prior transfer, prefer- ence, or levy. validity of prior transfers or liens; preferences. Recovery by trustee in bankruptcy of cor- poration of dividends paid to stock- holders out of capital. 1917C, 390, 393. Creditor's knowledge or belief. 1916A, 683 ; 1917C, 393. Computation of period of retroactive avoid- ance. 1917A, 295. Rights in assets; title, rights, and liabilities of trustee. Annotation. Rights of trustee with respect to execu- tory contracts of bankrupt. 1917F, 657. Liability of trustee in bankruptcy on exec- utory contracts of the bankrupt. 1917F, 654. Conclusiveness of judgment that state court has no jurisdiction of replevin action to take property from receiver in bank- ruptcy. 1916A, 634. Effect of refusal of buyer to accept goods, in which seller does not concur, on right of buyer's trustee in bankruptcy there- to. 1916A, 634. Right of bankruptcy trustee of corporation to recover bonds illegally issued. 1916E, 563. Right of customer who has deposited stock with broker to cover margin, to return of stock on bankruptcy of broker. 1916F, 488. Right of purchaser of goods in bulk to re- cover from trustee in bankruptcy of seller, cost of preparing to defend suit brought by creditor. 1916F, 548. Claims against estate; distribution. in general. Interest on approved claims against bank- . rupt's estate. 1915B, 884. what claims provable; set-offs. Annotation. Damages for anticipatory breach of contract as provable claim. 1917B,'585. Effect of election of other remedy to prevent presentation of claim in bankruptcy. 1916B, 1099. Review in Federal Supreme Court of prov- able claim. 1917B, 580. Filing of involuntary petition as anticipa- tory breach of contract by bankrupt giving rise to claim provable in bank- ruptcy proceedings. 1917B, 580. Estimate of damages in allowing claim for damages arising from anticipatory breach of contract by bankrupt. 1917B, 580. . presentment and proof. Estoppel by filing claim in bankruptcy.! 1916C, 189. ' 40 BANKRUPTCY BANKS. Presentation of claim in bankruptcy as elec- tion of remedy. 1916C, 429. distributive rights and distribution. As between individual and firm creditors. 1917A, 135. Claims of lien creditors. 1915B, 438. Priorities. 1915B, 148. ' Discharge; effect. Annotation. Effect of re-entry toy landlord after bankruptcy of tenant upon latter's liability for subsequent rent. 1917 A, 2O8. Right to discharge. 1915C, 89. Effect of d. -charge of partnership to release partners from further liability. 1915F, 668. Relief from default judgment after claim sued on was discharged in bankruptcy. 1916F, 837. Right of mater ialman entitled to perfect his lien after discharge of owner in bankruptcy, to deficiency judgment against such owner. 1915F, 1132. What debts released by discharge. 1916D, 113; 1916E, 247. BANKS. In general. Right to do business; powers. Stockholders. Officers and agents. in general. authority; ratification. liability. Deposits generally; nature of. Bank's control over deposits; appli- cation of. Payment of checks; forgeries. in general. forgeries. Certificate of deposit. Collections. in general. insolvency. , Other transactions; discounts, etc. Insolvency. Savings bank. Crimes. In general. Bond of depository of public funds, see BONDS. Constitutionality of statutes as to, see CON- STITUTIONAL LAW. Usury in bank transactions, see USURY. Annotation. Consideration for note given to make good depletion of capital or assets of bank. 1917B, 688. State taxation of national bank shares. 1917B, 294. Effect of failure specifically to exempt na- tional banks from state income tax law. 1915B, 569. Suit against state banking board and state bank commissioner as suit against the state. 1915F, 623. Authorizing bank superintendent to take possession of assets of bank whenever he deems it necessary. 1915E, 675. Appointment of receiver for solvent bank because of irregularities of officers.. 1925A, 606. Binding effect of custom of. 1915E, 395. Estoppel to deny entry on books of bank or sworn statements. 1915D, 935. Effect of draft on bank with which collater- al has been deposited to meet over- drafts to work assignment of an inter- est in the collateral sufficient to meet the draft. 1916C, 12. Liability of one recommending another to bank for credit. 1915A, 100; 1916E, 362. Deposit of deed in escrow with. 191 6A, 493. Conversion by. 1916C, 544; 1917 A, 740. Consideration for note given to. 1917C, 840. Note executed to enable bank to meet re- quirement of state superintendent that deficiency of assets be made good. 1917B, 684. Note given to bank to enable it to pass examination by state bank examiner. 1916A, 1215. Right to do business; powers. Annotation. May a charter or license for a bank be refused upon general considera- tions of public policy. 1917D, 316. Illegal delegation of power to state super- intendent of banking. 1917F, 514. Refusal of charter by state banking board. 1917D, 310. Right of national bank to hold stock in an- other corporation. 1916A, 568. Right of trust company to purchase its own stock. 3916F, 281. Stockholders. Stockholder of bank which is made execu- tor of will as witness to its execution. 3916D, 179. Appointment of receiver at suit of minority stock holders. 1915A, 606. Fraud in securing subscription to stock. 1915D, 792. Right of state to tax national bank shares. 1917B, 294. Inheritance tax on stock of national banks located in state, owned by nonresident decedent. 1916A, 901. Refusal to deduct value of real estate from value of capital stock of bank for pur- poses of taxation. 1915C, 386. BANKS. 41 Valuation for taxation of national bank shares; deduction on account of. bank's ownership of state bonds. 1917B, 294. Rate of taxation on shares of national bank. 1917B, 294. Who liable as stockholder. 1915B, 168. Constitutionality of statute increasing lia- bility. 1917A, 1223. Release from liability. 1917C, 890. Transfer of stock. 1915B, 168. Officers and agents. in general. Annotations. Effect of insertion of unauthorized provisions in cashier's bond. 1917B, 991. Liability of bank, for misappropriation of collections by its officers or em- ployees. 1917 A, 522. Officer of trust company named as trustee in will as witness to its execution. 1915E, 832. Cancelation of deeds and notes given by wife of bank cashier to save him from prose- cution for embezzlement. 1917D, 1170. Imputing to bank knowledge of officer or agent. 1915B, 1091; 1916C, 767; J916F, 822; 1917A, 519; 1917F, 300, 303, 453. Estoppel of bank by acts of agents. 1917A, 519. Liability of bank for embezzlement by presi- dent and cashier. 1917A, 519. authority; ratification. Estoppel to deny authority of. 1915B, 1091. Power of president to bind bank to make good the default of another. 1917F, 1096. Power of president to bind bank to pay postdated check on day of its date. 1917F, 1096. Authority of cashier to make agreement in nature of guaranty. 1917A, 1021. Right to assume that vice president per- forming duties of cashier is acting within his authority. 1917E, 901. Binding effect of acts of cashier beyond scope of his authority. 191 5B, 542. Delivery by bank official in satisfaction of his own debt of draft or certificate of deposit bearing his signature, to be satisfied out of bank funds. 1915B, 1091. Ratification. 1917F, 303. liability. Annotation. Limitation of actions against directors for malfeasance or nonfeasanre. 1917A, 98O. Refusal of cashier to answer questions pro- pounded by grand jury. 1915D, 1061. Liability as bf.'lee of caehier of bank who has agreed that property may be stored in the bank. 1915B, 542. Limitation cf time for action. 1917A, 971. Statute creating presumption of fraud against officers of bank upon proof of insolvency. 1915C, 716. Right of receiver to maintain action against directors for loss caused by their neg- ligence. 1917A, 971. Equity jurisdiction of action to compel di- rectors to account for loss caused by their negligence. 1917 A, 971. Right of action against heirs of deceased director for loss caused by his misman- age,ment. 1917A, 971. Bond for fidelity of cashier. 1917B, 984. Deposits generally; nature of. Rights in deposit in insolvent bank, see infra. Annotations. Effect of devise or bequest of store, shop, or business to pass bank, de- posit. 1917D, 437. Effect of deposit of funds belonging to the depositor in a bank, account in the name of himself and another. 1917C, 55O. Presumption and burden of proof as to. 1916C, 6. Gift of bank deposit. 1915B, 396; 1917D, 357, 852. Enforcing alimony oblif tions of nonresi- dent served only by publication out of h : s bank deposit in a local bank. 1917F, 1159. Liability of bank for embezzlement of de- posit by officers. 1917A, 519. Injunction against withdrawal of funds from bank by labor organization. 1915E, 1006. General deposit of money as a bailment. 1915A, 728. Presumption as to title to check presented for deposit. 1915B, 720. Effect of entries made by bank officer on de- posit of check, to prove assignment of instrument deposited. 1917D, 1002. . Liability for interest, of bank withholding attached deposit because of claim there- to by stranger. 1917B, 938. Garnishment of deposit. 1915D, 139; 1917B, 588, 938. Deposit of money by owner to credit of him- self or another. 1917C, 548. Joint tenancy in bank account. . 1916C, 679. Special deposit. 1915B, 342; 1916C, 6; 1917A, 519, 680. Trust in deposit of public funds. 1917A, 680. Deposit by executor of funds of estate in his individual bank account. 1916F, 1059. Deposit of corporate funds by officer to his own credit. 1915B, 715, 720. General deposit of trust funds by trustee; validity. 1916C, 6. 42 BAXKS. Bank's control over deposits; applica- tion of. Annotation. Effect upon surety or indorser of "bank'* failure to apply principal's deposit account upon note. 1917F, 266. Effect to release surety of failure of bank holding note payable at its place of business to apply maker's deposit ac- count thereon. 191 7F, 263. Claim of accommodation maker of note to release because of failure to apply de- posit account to the note. 1916C, 767. Liability of administrator requesting bank to hold deposit against claimant to re- imburse bank for interest which it is compelled to pay on legal establish- ment of the claim. 1915E, 797. Estoppel to enforce liability of bank as to. 1915C, 518. Effect of bank's right to apply deposit on note of third person to toll running of limitations. 1915E, 794. Application on debt due bank generally. 1915A, 715, 728; 1916C, 531; 1917C, 129; 1917F, 460. Effect of acceptance of check in payment of overdue note with knowledge of cus- tomer's insolvency. 1910A, 683. Effect of certification of check sent by col- lecting bank to insolvent correspondent on right to set off such check against deposit in the .insolvent bank. 1916C, 186. Duty as to trust funds. 1915A, 728; 1915C, "518, 531; 1916F, 1059; 1917F, 460. Right of depositor in insolvent bank to set off deposit against debt due bank. 1915A, 299; 1915D, 403. Payment of checks; forgeries. in general. Right of holder of check to maintain action against bank for amount thereof. 1915C, 531; 1916C, 161; 1916D, 433. Failure to pay check as proximate cause of arrest of drawer on charge of issuing check with intent to defraud. 1916A, 1220. Measure of damages for failure to pay check. 1916A, 1220. Power of president to bind ba"k to pay postdated check on dav of its date. 1917F, 1096. Duty of bank receiving ordinary commercial check drawn by one having no commer- cial account, to apply savings account thereto. 1916A, 1220. Evidence of authority of drawer of check. 1915B, 720. Liability of bank which honors a memo- randum check by its president in his own favor upon the account of a cus- tomer. 1917F, 300. Fact that bank draft issued by small vil- lage bank was made payable to order of defendant bank as putting latter on inquiry as to ownership of proceeds before paying same. 1915B. ?87. Paying out money on checks of persons as- suming, without authority, to act as executors. 1915E, 309. Payment of corporate check signed by offi- cer and drawn to his own order. 1915B, 715. Payment upon checks of wife alone, of money deposited by husband to joint account of husband and wife. 1915D, 920. Individual check of fiduciary. 1915B, 715; 1915E, 309; 1916E, 610; 1916F, 1059. Effect of drawer's death. 1916A, 711. Stopping payment. 1915D, 402; 1916E, 537; 1916F, 826. forgeries. Annotation. Right of holder of check, against bank which caslies it on a forged in- dorsement and then collects it from the drawee. 1917 A, 148. Who must bear loss of payments on forgery of travelers' checks. 1917F, 558. Payment of traveler's checks on forged sig- nature. 1917F, 554. Right of administrator to ratify order upon decedent's bank account which he had forged so as to absolve the bank from liability. 1915E, 840. Recovery back by drawee of amounts paid. 1915A, 77; 1915D, 1138; 1915E, 537; 1916E, 1296. Forged indorsement. 1915B,' 815; 1916E, 537, 906; 1917A, 145; 1917E, 673. Duties and liabilities of depositor. 1915B, 815; 1915D, 741; 1916E, 906. Certificate of deposit. Effect of renewal of certificate of deposit to work a novation. 1916B, 168. Collections. in general. Misappropriation of, by bank agents, see supra. Annotations. Loss of check after it had been credited to depositor's account. 1917 A, 658. Responsibility of holder of paper as col- lateral security for default of those to whotn the paper is intrusted for collection. 1917E, 5O9. Binding effect on one purchasing note of bank, of its custom to make collections for such purchaser. 1915E, 395. Loss in mail of check forwarded by bank for collection. 1017A, 655. Title to paper. 1917D, 1002. Bank which receives sight draft with bill of lading attached as a holder for value or a mere agent for collection. 1917E, 374. BANKS BANNER. 13 Effect of delay of one issuing check in pay- ment of forged note to assert hjs right to proceeds against bank collecting it. 1915B, 725. Promptness in making collection or giving notice of failure. 1917A, 655. Negligence in making presentation and pro- test. 1917F, 864. Liability for negligence of correspondent. 1917E, 506. insolvency. Annotation. Trust in .proceeds of collection made by a bank, when insolvent. 1917F, 603. Effect of certification of check sent by col- lecting bank to insolvent correspondent. 1916C, 186. Trust in proceeds of draft collected by insol- vent bank. 1917F, 600. Other transactions; discounts, etc. Usury in, see USURY. Right to plead ultra vires as defense. 1917A, 737, 740. Right of bank becoming holder in due course of sight draft with bill of lading at- tached to enforce payment of draft and protest fees against drawer. 1917E, 374. Rights and liability of bank paying draft with bill of lading attached. 1915A, 881; 1916D, 709. Bank as bona fide holder of check. 1915B, 725. Lack of mutuality in contract by bank to lend money. 1916F, 501. Breach of. contract to loan money. 1916F, 501. Duress in demanding premium for accept- ance of sum due on long-time loan and release of security. 1915B, 498. Guaranty. 1917A, 737, 1021. Pledge of assets. 1917A, 696. Insolvency. Of savings bank, see infra. Annotations. Right to preference in respect to public fund in banJc which subsequently becomes insolvent. 19 17 A, 683. Pledge of securities by insolvent bank as an unlawful preference. 1917 A; 7O1. Set-off in case of. 1915A, 299; 1915D, 403. Limiting time for action by bank to recover propertv seized by bank superintendent. 1915E, "675. Effect of appearance by state bank commis- sioner in suit by creditor of insolvent bank. 1915F, 623. Intervention in proceedings to wind up in- solvent bank. 1915A, 299. Lien on assets of bankrupt banker. 1.915B, 438. Officer's liability on bond for loss by failure of bank. 1915D, 481. Statute creating presumption of fraud against officers of bank upon proof of insolvency. 1915C, 716. Right of receiver to maintain action against directors for losses caused by their neg- ligence. 1917 A, 971. Liability of heirs of deceased director of in- solvent bank for losses caused by his mismanagement. 1917A, 971. Fraudulent sale by insolvent bank of shares of its capital stock. 1915D, 792. Estoppel of bank to deny statements con- cerning deposit to credit of another in- solvent bank. 1915D, 935. Necessity of leave of banking commissioner to sue a receiver of an insolvent bank. 1917D, 1002. Necessity of joining general creditors of an insolvent bank in action against receiver to establish preference. 1917D, 1002. Right of one depositing check and receiving back certified check for smaller amount, to return the certified check and recover the amount of his own check, which was collected by the receiver after bank's insolvency. 1917D, 1002. Right of one who has deposited checks on account to stop payment and reclaim them from the bank's receiver. 1915D, 402. Payment of claimant of bank's assets in the hands of the bank commissioner or out of the state's guaranty fund. 1915F, 623. Trust fund generally. 1915F, 623; 1916C, 6, 10, 12; 1916F, 822. Trust in public funds. 1916C, 1; 1917 A, 680. Taking deposit while insolvent. 1917D, 1002. Unlawful preferences. 1917A, 696. Savings bank. Validity of exclusion of mutual savings banks from operation of Federal income tax. 1917D, 414. Gift of deposit. 1915B, 396. Duty of bank receiving ordinary commercial check drawn by one having no commer- cial account to apply savings account thereto. 1916A, 1220. Insolvency; duty of trustees. 1916C, 6. Crimes. Statute creating presumption of fraud against officers of bank upon proof of insolvency. 1915C, 716. BANK SUPERINTENDENT. See STATE BANK SUPEBIXTENDENT. BANNER. Liability of contractor erecting banner for injury by fall after work has been ac- cepted. 1917C, 907. BAR BAWDYHOUSE. BAR. Of judgment, see JUDGMENT. Of limitation, see LIMITATION OF ACTIONS. BARBED WIRE. Negligence of abutting owner in permitting barbed wire to extend into street. 1917E, 809. BARBERS. Annotation. Bartering as a work of necessity. 1917B, 97. Bartering on Sunday as work of necessity. 1917B, 93. * BAR FIXTURES. Valuation of insured bar fixtures where pro- hibition is adopted after policy is is- sued. 1915E, 489. BARN. Liability of one erecting, for consequent de- preciating in value of adjoining prop- erty. 1917D, 772. BARRIER. Annotation. Sufficiency of barrier or railing main- tained in highway. 1917D, 756. At dangerous place in highway. 1915E, 597, 1067; 1915F, 973; 1916C, 379; 1916F, 1216; 1917D, 754. BARTENDER. Judicial notice as to danger of bartender's \ position. 1916F, 957. Recovery under Workmen's Compensation Act for assault on, by drunken patron of saloon. 1916F, 957. Liability for act of bartender in pouring alcohol over foot of guest and setting fire thereto. 1916E, 269. BASEBALL. Right of baseball club, inducing player to break his contract with other club and enter its employment, to injunction to prevent his violating terms of hi agreement. 1915A, 820. Release by baseball club of services of ball player under contract with it to enter club. 1917F, 841. BASTARDY. Effect of illegitimacy on right to inherit, see DESCENT AND DISTRIBUTION. Legitimation of bastard, see PARENT AND CHILD. Annotations. Effect of insertion of unauthorized pro- visions in bastardy bond. 1917B, 994. Exhibition of child for purpose of de- termining paternity. 1917B, 1148. Right to jury to ascertain expenses incident to birth of child. 1917B, 1143. Prejudicial error in admission of evidence. 1917B, 1143. Right of married mother in bastardy pro- ceedings to testify to nonaccess of hus- band. 1916B, 1052. Sufficiency of proof in prosecution for. 1915F, 1087. Exhibition of infant to jury. 1917B, 1143. Right to enter order for payment of money against defendant. 191 5E, 314. Right of defendant in prosecution for bas- tardy to dismissal on death of the bastard. 1915E, 314. BATH HOUSE. Annotation. Municipal liability for injury from de- fects in. 1917E, 695. Liability of municipality for injury by col- lapse of. 1917B, 1285. Liability of person maintaining bathhouse for negligent injury to patron. 1915D, 442. BATTERY. See ASSAULT AND TATTEBT. BAWDYHOUSE. See DISORDERLY HOUSES. BED COMFORTERS BERTH. 45 BED COMFORTERS. Forbidding use of secondhand material in making. 1916C, 775. BELIEF. Of person making false representation, see FBAUD AND DECEIT. BENEFICIARIES. In insurance policy, see INSURANCE. In will, see WILLS. BENEFITS. Estoppel by receiving, see ESTOPPEL. Restoration of, on rescission of contract. 1916F, 476; 1917A, 671. Necessity of, to sustain assessment for drainage ditch. 1915D, 249. Making public improvement assessments in proportion to benefits. 1915D, 772. BENEVOLENT SOCIETIES. In general. Local lodges. Constitution, rules and by-laws. Membership; expulsion; liability. In general. Jurisdiction over, see COURTS. Insurance by, see INSURANCE, Exemption of, from taxation. 1915C, 694. Instrument given by grand lodge of frater- nal society in payment of a death claim as in legal effect an ordinary bank check. 1916B, 815. Imputing to society, officer's knowledge of his own wrong. 1915B, 815. Payment by bank of check of fraternal order on forged indorsement. 1915B, 815. Liability of benevolent society for acts of employee in carrying rules into effect. 1916B", F35. Injunction against unfair use of corporate name. 1915B, 1074. Right of benevolent society to restrain use by similar order of colors of the order and titles of its officers. 1915B, 1074. Local lodges. Liability of supreme body for injury inflict- ed upon candidate by local lodge in initiating him into the order. 1917C, 469. Constitution, rules, and by-law::. Liability for injury to practice of physician by enforcement of rules. 1916B, 835. Collusiveness on courts of provisions in beneficiary certificates and constitution of the crder. 1917E, 995. Duty of members of fraternal society to exhaust remedies provided by, before resorting to civil courts. 1917E, 995. Determining terms of contract between society and member by constitution and laws existing at beginning of member- ship and as lawfully amended. 1915A, 264. Changes in. 1916A, 765, 771. Membership; expulsion; liability. Annotations. Liability of benevolent or fraternal so- ciety for injury to person during initiation or expulsion. 1917C, 476. Damages recoverable by member for breach of contract by mutual bene- fit association. 1917E, 1O35. Member of unincorporated society as mem- ber of new corporation upon incorpora- tion of the association. 1916F, 919. Determining contract between society and member by constitution and laws. 1915A, 264. Duty of members of fraternal society to exhaust all remedies within the order before resorting to civil courts. 1917E, 995. Extent of recovery by member on breach by society of its contract with him. 1917E, 1032. Expulsion. 1915F, 1056. BENZIN. /innotatt'on. Keeping of, on injured premises. 1917C, 278. BENZOL. Annotation. Keeping of, on insured premises. 1917C, 278. BEQUEST. See WILLS. BERTH. Duty to provide passenger with berth. 1915B, 1202. 46 BERTH BTLLS AND NOTES. Prohibiting letting down of unengaged upper berth in sleeping car when lower berth is occupied. 1916A, 1133. BEST AND SECONDARY EVIDENCE. See EVIDENCE. BETTING. See GAMING. BEVERAGE. Liability of bottler of, for injury to con- sumer by foreign substance in bottle. 1916B, 877. Explosion of bottle of carbonated drink as proof of negligence. 1916E, 1074. BIAS. Effect of, on competency of juror. 1916E, 1264. Of juror as ground for setting aside verdict. 1915D, 569. Of juror, as ground for new trial. 1917B, 246. Disqualification of judge by. 1915E, 858. BIBLE. Reading of, in schools. 1915D, 941. BICYCLE. Annotation. Contributory negligence of child riding bicycle across railroad trade. 1917F, 158. Injury to bicycle rider by automobile. 1916A, 744. BID. At auction, see AUCTIONS. For public contracts, see CONTRACTS. Withdrawal of, after acceptance. 1917D. 741. BIGAMY. Sufficiency of voidable marriage to sustain prosecution for bigamy. 1916C, 686. In remarriage before common-law marriage is dissolved. 1916F, 793. Effect of invalidity of foreign decree of divorce on liabilitv for bigamy. 1915E, 87. BILLIARDS. Annotation. As proper subjects for police regula- tion. 1917E, 318. BILL OF EXCEPTIONS. On appeal, see APPEAL AND EBROB. BILL OF REVIEW. See REVIEW. BILL OF SALE. As violation of condition in insurance poli- cy. 1915D, 812. Parol evidence to explain. 1916A, 588. BILLS AND NOTES. In general. Validity generally; delivery. Consideration. Negotiability. in general. certainty as to maturity and amount. Acceptance. Indorsement and transfer generally. Liability of indorser. in general. indorsement at or before de- livery. restrictive indorsements. Discharge of indorser. Presentment; demand; notice; protest. Transfers without indorsement. Rights and liabilities of transferees generally. in general. of bona fide holders. Who are protected as bona fide hold- ers. in general. knowledge: notice; facts put- ting on inquiry. taken as collateral security or for antecedent debt. Maturity; extension; renewal. Actions and defenses. in general. defenses. Recovery back of payments made. BILLS AND NOTES. 47 In general. Alteration of, see ALTERATION OF INSTRU- MENTS. Stipulation in, for attorneys' fec~, see AT- TORNEYS' FEES. As to certificate of deposit, see BANKS. Draft with bill of lading attached, see BILLS OF LADING. Conflict of laws as to, see CONFLICT OF LAWS. Secured by duress, see DURESS. Parol evidence as to, see EVIDENCE. Guaranty of, see GUARANTY. As to premium note, see INSURANCE. Collateral security for, see PLEDGE AND COL- LATERAL SECURITY. Surety on, see PRINCIPAL AND SURETY. As to travelers' checks, see TRAVELERS' CHECKS. Usury in, see USURY. Situs of note for purpose of taxation. 1915C, 922; 1917B, 1282. Inheritance tax on. 1915C, 95; 1916A, 889, 901. Gift of. 1916E, 283; 1917E, 1060. Special deposit of. 1915B, 542. Estoppel as to. 1915A, 166. Ne exeat to prevent nonresident from re- moving notes from state so as to pre- vent enforcement of set-off. 1915C, 403. Possession of note by one payee as pre- sumptively possession of both. 1916D, 761. Authority of agent as to. 1915F, 777; 1916C, 110, 125. Authority to receive payment on. 1915E, 395; 1916B, 856. Replevin to recover paid note. 1916E, 536. Stipulation in, for payment of increased interest in case of default in payment. 1916A, 721. Payment out of bank deposit. 1915A, 728. Damages for breach of contract to manu- facture logs into lumber and pay ac- commodation notes with proceeds. 1916F, 3. Contribution between joint makers of note where one has paid the note. 1915A, 898. Validity of trust deed to secure payment of void note. 1916A, 1049. Venue of action to compel surrender of note and mortgage securing it. 1917F, 905. Variance between pleading and proof in action to foreclose mortgage securing note. 1916A, 1049. Consideration for agreement to release principal of note. 1916C, 384. Lien on homestead for money loaned to re- tire purchase money notes. 1915E, 875. Right to issue corporate bonds to secure note. 191 6E, 563. Liability of corporate officers on. 1915A, 590; 1915E, 1047; 1916B, 672. Payment by. 1916A, 669. Premium notes. 1915A, 686. Accommodation paper; what constitutes. 1916A, 1049, 1215. Validity generally; delivery. Validity as to transferee, see infra. Question for jury as to. 1917E, 535. Note made on Sunday. 1917C, 582. Validity of stipulation for attorneys' fees. 1915B, 928. Of married woman. 1L15B, 1116, 1916A, 1049. By intoxicated person. 1915B, 1121. Delivery; conditions. 1915F, 1157; 1916B, 1048. Consideration. Effect of failure of consideration on trans- feree of bill or note, see infra. Failure of, as defense, see infra, Annotations. Consideration for note given to make good depletion of capital or assets of ftanfc. 1917B, 688. Consideration for note given ~by attor- ney or agent to cover loss on trans- . actions conducted by him for prin- cipal. 1917B, 696. Enforceability of a note given in pay- ment of a worthless pre-existing obligation of another. 1911C, 842. Necessity of valid consideration. 1917F, 579. Question for jury as to consideration. 1917E, 535, 1060. Presumptions and burden of proof as to. 1917C, 1005; 1917E, 535, 1060. Review on appeal of findings as to. 1917C, 1005. Validity of gift of note. 1917E, 1060. Note given to bank as collateral to worth- less note of third party. 1917C, 840. Withdrawal by check of substantial part of credit given payee of notes upon pur- chase thereof by bank as a payment of a valuable consideration. 1916F, 209. Note made by attorney to cover loss on in- vestments made by him for his client. 1917B, 694. Agreement to pay additional compensation for services, to be rendered; effect of, fact that the maker may have con- sidered inadequacy of compensation for past services in fixing amount. 1917E, 1060. Note given for overdue interest on an exist- ing note. 1916A, 1215. Moral obligation. 1917E, 1060. Compromise of disputed claim. 1915B, 11. Negotiability. in general. Conflict of laws as to. 1915F, 1203. Effect of memorandum on. 1916D, 632. certainty as to maturity and amount. Certainty as to maturity. 1915B, 472; 191 5F, 777; 1916D, 1280. Certainty as to amount generally. 1915D, 1084; 1915F, 1203. 48 BILLS AND NOTES. Provision for attorney's fees. 1916B, 672, 697. Provision for discount. 3915E, 564. Higher rate of interest after maturity. 1915B, 1216. Acceptance. Acceptance of draft by telegram. 1916B, 1021. Right of holder to require that acceptance be written on the bill. 1917F, 1096. Right of one who has agreed to accept draft for certain sum to refuse payment be- cause draft, when presented, contains words "with exchange." 1916B, 1021. Acceptance of postdated check by president of bank before maturity at time when there is no money of the drawer in the bank. 1917F, 1096. Indorsement and transfer generally. Necessity of presentment of paper, see infra. For rights of indorsees, see infra. Failure of purchaser of note to disclose that he is making purchase for the maker as fraud. 1917A, 725. Indorsement of note in form of guaranty. 1915C, 661. Liability of indorser. in general. Rights of transferee against indorser, see infra. Annotations, BigJit of an infant to disaffirm transfer of note by indorsement. 1917B, Effect upon indorser of bank's failure to apply principal's deposit account upon note. 191 7F, 266. Pleading as to. 3916D, 220. Judgment on the pleadings in action against indorser. 1917B, 364. Disaffirmance by infants, of indorsement of note. 1917B, 1172. Effect of simple indorsement by payee ; tend- ency of law to hold indorsement to be a commercial indorsement in due course. 1917B, 364. Effect of indorsement that payment is guar- anteed, "protest waived." 1917B, 364. Accommodation indorsers. 1916C, 767. indorsement at or before delivery. Person who indorses note in blank before delivery as maker or guarantor. 1916D, 290. Indorsement by maker of note payable to himself and another as implying prom- ise by maker to pay joint payee. 1916D, 761. Failure to follow indorser's instructions aa to coindorser and filling blanks. 1915B, 144. restrictive indorsements. Annotation. Words of assignment as qualifying in- dorsement. 1917B, 1167. Adding words "without recourse" or others of similar import to indorser's signa- ture. 1917A, 1165. Effect of statement before name of indorser that he transfers "his right, title, and interest" in note. 1917A, 1165. Indorsement "pay to any bank or banker" as a restrictive indorsement. 1917E, 74. Discharge of indorser. Rights of transferee against indorser, see infra. Release of surety, see PRINCIPAL AND SURE- TY. ' Presentment; demand; notice; pro- test. Right of bank becoming holder in due course of sight draft with bill of lading at- tached to enforce payment of draft and protest fees against drawer. 1917E, 374. Transfers without indorsement. Rights of transferees without indorsement, see infra. Negligence of collecting bank as to. 1917F, 864. Necessity of presentment and notice of pro- test to hold indorser. 1917F, 453. Necessity of presentment or demand for payment of demand note. 1915A, 728. Notice by mail. 1915E, 139. Waiver of notice. 1916B, 941. Rights ant! liabilities of transferees generally. in general. Right of purchaser of note to subrogation, 1915E, 395. Effect on rights of one purchasing note, of custom of which he had no notice. 1915E, 395. Right of indorsee of notes given for auto- mobile who retakes the car on default in payment of one note, to bring a suit on the notes. 1917F, 462. Right of indorsee of note secured by col- lateral to apply collateral to other claims held by him against maker. 1915F, 968. Consideration for transfer of note. 1917C, 582. Defense that note was made on Sunday in action by transferee. 1917C, 582. Note taken after maturity. 1917F, 916. Transfers without indorsement. 1915C, 661. Failure of consideration. 1915D, 1084, 1099. of bona fide holders. Of check, see CHECKS. BILLS AND NOTES. 49 Eights of purchaser from bona fide holder. 1915D, 271. Eight of one signing blank note, to holder for value, although it is perverted to an unauthorized purpose. 1917F, 453. Lost or stolen note. 1915E, 351. Who are protected as bona fide hold- ers. in general. Who are bona fide holders of checks, see CHECKS. Presumption and burden of proof as to. 1916F, 209, 916. Sufficiency of evidence to overcome pre- sumption of bona fides. 1916D, 624. Prejudicial error in exclusi'on of evidence as to. 1916F, 209. Indorsee as bona fide holder against infant indorser. 1917B, 1172. Purchaser of note transferred by indorse- ment that payment is guaranteed and "protest waived," as an "indorsee" en- titled to protection as innocent pur- chaser. 1917B, 364. Bank which receives sight draft with bill of lading attached containing general indorsement as holder for value. 1917E, 374. knowledge; notice; facts putting on inquiry. Notice to holder of check, see CHECKS. Cross-examination of witness to show notice to indorsee. 1916F, 209. Effect of notice of infirmities on rights of purchaser for value before maturity. 1915F, 1203; 1916D, 632. Rights of holder who takes note under suspicious circumstances, or in wilful ignorance. 1916D, 1280. Imputing to corporate officer to whom note is transferred by corporation knowledge of corporation as to infirmities. 1915D, 1099. Effect of indorsement of partial payments on note as notice of infirmity. 1916F, 209. Effect of indorsement that prior indorser is to receive a specified amount on pay- ment thereof. 191 6D, 632. Certification before maturity of postdated check as notice that certification was beyond authority of the officer making it. 1917F, 1096. Knowledge that note was given in considera- tion of executory agreement of payee, which has not been performed. 1915F, 1203. Knowledge by transferee that draft had been given in payment of cattle as charging transferee with notice of fraud resulting from existence of chat- tel mortgage on cattle. 1917A, 704. Taken from officer of corporation or bank. 1915B, 1091: 1917C, 485. taken as collateral security or for antecedent debt. Presumption as to bad faith in taking note. 191 OP. 1280. L.R.A. T*. Index 1915-17. 4. Reclaiming proceeds of draft obtained by fraud from third person who had ac- cepted draft in payment of pre-existing debt. 1917A, 704. Maturity; extension; renewal. Effect of uncertainty as to maturity on ne- gotiability, see supra, Annotation. Time of payment of obligation purport- ing to be payable on specified event, the happening of which is wholly or .partially within the control of the promisor. 1917 B, 1O5O. Maturity of demand note; effect of Nego- tiable Instruments Act. 1915A, 728. Maturity of note payable when certain land is so'd. 1917B, 1048. Effect of provision in mortgage. 1917B, 1048. Effect on maturity, of collateral provision that note will be extended from year to year upon payment of a portion of the principal. 1915E, 399. Effect of renewal of conditional sale note to extinguish the old note so as to postpone it to intervening mortgage by vendee. 1916A, 926. Power of maker or other parties to note to extend time of payment without consent of payee or holder. 1916D, 1280. Waiver by indorser of notice of extension of time for payment as waiver also of notice of dishonor. 1916B, 941. Actions and defenses. in general. Annotations. Do presumptions which attach to com- mercial paper necessarily entitle the holder to go to the jury. 1917E, 537. Admissibility of parol evidence to show that a bill or note \vas delivered upon condition. 1917C, 3O6. Right of one holding note against partner- ship to maintain action on promise of third person purchasing interest of one partner to pay his partnership liabili- ties. 1915A, 779. Presumption and burden of proof. 1915B, 475; 1916A, 731: 1916D, 761; 1916F, 209; 1917E, 1060; 1917F, 916. Pleadings; amendments. 1916D, 220; 1917C, 840; 1917F, 579. Verification of pleading. 191 6A, 731. Prejudicial error in refusing to permit fil- ing of plea of res judicata. 191 6D, 220. Judgment on the pleadings in action on note. 1917B, 364. Cross-examination of witness in action on. 1916F, 209. Record on appeal. 1916D, 220. Prejudicial error in exclusion of evidence. 1916F, 209. Review on appeal of verdict. 1916D, 1280. BILLS AND NOTES BLASTING. Reversal of judgment on appeal. 191 6D, 1280. Set-off in action on note. 1917C, 129. Power of court to add attorneys' fees to amount of recovery on note. 1916F, 548. defenses. As to uotes transferred or assigned, see supra. Annotation. Sufficiency of general averment of want of consideration. 1917F, 581. Sufficiency of pleading as to. 1917F, 579. Estoppel'to set up defense. 191 5A, 166. Burden of establishing. 1917E, 1060. Payment of note which will discharge lia- bility of maker under Negotiable In- struments Act. 1917A, 725. Effect of revocation of provision in will for payment of note. 1917C, 1005. Claim of accommodation maker of note to release because of failure to apply de- posit account to the note. 1916C, 767. Defense to note given for insurance pre- mium. 1915A, 686. Subsequent bankruptcy of corporation to which note was given for stock. 1915A, 464. Effect of fraudulent intent that note shall be returned as defense to action there- on. 1916A, 1215. Want or failure of consideration. 1915A, 464; 1917B, 684; 1917C, 485; 1917F, 579. Defense that note was made on Sunday. 1917C, 582. Duress. 1917B, 684; 1917F, 579. Forged paper. 1915A, 166. Recovery back of payments made. Recovery of money paid on forged draft against United States Treasury. 1915D, 797. BILLS OF EXCEPTIONS. On appeal, see APPEAL AND ERROR. BILLS OF LADING. Rights of holder of, as against carrier gen- erally, see CARRIERS. Liability of carrier delivering freight with- out requiring production of. 1917D, 481. Right of bank to credit proceeds of draft against bill of lading taken by ware- houseman in his own name for account belonging to the customer upon over- draft account of the warehouseman. 1915A, 715. Election of remedy by one purchasing car of wheat under false bill of lading. 1916C, 429. Right of carrier induced by shipper to issue bill of lading representing car to con- tain more wheat than it actually con- tained to indemnity from shipper from resulting liability to third person. 1916C, 429. Rights and liabilities 'of transferee. 1915A, 881; 1916D, 709. BIRTH. Evidence on question of date of birth. 1915F, 803. BISHOP. Liability of, for acts of priests. 1915B, 825. BLACKLISTING. Injunction against. 1916C, 218; 1917F, 755. BLANKS. Authority to fill blanks in instrument. 1916F, 1263. Liability of one signing note in blank. 1915B, 144; 1917F, 453. BLASTING. Annotation. Liability, in absence of negligence, for damages to land or buildings from substances thrown in blasting. 1917A, 1O16. Evidence in action for injury by. 1916D, 311. Measure of dan.aees for injurv to property by. 1916D, 101. Effect of employment of independent con- tractor on liability for injury by. lOltiD, 101. Injury through fright caused by. ]915D, 834; 1916E, 743. Injury to servant by. 1915F. 578: 1016D, 311: 1917C, 328". Injury by, to property on adjoining lot. 1917A, 1015. Injury to property by blasting in street under municipal authority. 1915D, 10SO. Injury to neighboring property from con- cussion and vibration. 3915E, 356; 1916D, 101; 1916F, 897. BLASTING POWDER BOAT LIVERY. BLASTING POWDER. BLUE SKY LAWS. 51 Use of, in blasting, see BLASTING. Claim for, as within protection of contrac- tor's bond. 1917A, 336. BLIND PERSON. Annotations. Duty toward blind persons or persons ^vith defective eyesight as to con- dition of streets. 1917C, 126. Effect of blindness, on failure to read contract as affecting right to as- sert fraud in respect thereto. 1917F, 645. Injury to, on highway. 1917C, 120. When will of, is signed by witnesses in his presence. 1916C, 946. Recovery for blindness under Workmen's Compensation Act. 1916A, 279. BLIZZARD. Loss of goods by, during transportation. 1915D, 547. BLOODHOUNDS. Annotation. Evidence of trailing of persons l>y. 1917E, ISO. Evidence as to trailing of criminal with. 1916D, 1295; 1917E, 726. BLOOD POISONING. Annotation. Liability on accident policy for sickness or death caused by. 1917 A, 1O56. Liability for homicide where dea.th results from septicemia following shooting. 1915F, 607. Recovery for injury by, under Workmen's Compensation Act. 1916A, 14, 281; 1916B, 1277. Death cf insured from. 191 5A, 314; 1916A, 475; 1917A, 1050; 1917F, 481. BLOOD TEST. Annotation. Requiring persons handling milk, to submit to. 1917C, 25O. Annotation. Constitutionality of. 1917F, 524. Constitutionality of. 1917F, 514. BOARD. Implied authority of salesman to pledge employer's credit for. 1916B, 751. BOARDING HOUSE. Statute requiring fire escapes and fireproof stairways. 1917C, 1146. Claim for material for outfitting boarding- house for contractor's employees, as within protection of hia bond. 1917A, 336. Liability of school officers who induce teachers and students to leave board- Ing house. 1916B, 1238. BOARD OF EDUCATION. See SCHOOLS. BOARDS. State board of agriculture, see AGRICUL- ' TURE. Delegation of power to, see CONSTITUTIONAL LAW. Of health, see HEALTH. Of schools, see SCHOOLS. As to state banking board, see STATE BANK- ING BOARD. Board of equalization, see TAXES. Annotation. Power of municipal board to employ attorney. 1917D, 24O. Strict construction of statute conferring power on. 1917D, 310. BOAT LIVERY. Annotation. Duty and liability of owner of boat liv- ery. 1917F, 860. Negligence of one letting boats at a pleas- ure resort as to condition of boats. 1917F, 851. 52 BOATS BONDS BOATS. As to boat livery, see BOAT LIVEBY. Liability of marshal seizing boat in ad- miralty proceedings for loss thereof. 1915A, 193. BOATSWAIN. Liability of shipowner for injury to seaman by negligence of boatswain. 1917F, 671. BODY EXECUTION. Right tc. 1915A, 706. Right to bail of one seized under. 1915E, 340. BONA FIDE PURCHASER. Of bill or note, see BILLS AND NOTES. Of municipal bonds, see BONDS. Of checks, see CHECKS. Of land, see VENDOR AND PURCHASES. Of mortgaged chattels remeved to other state with consent of mortgagee. 1917D, 940. Of corporate bond. 1916E, 563. BONDS. In general. For indemnity and security generally. Contractor's bond. Liquor bond. For fidelity of employees or corporate officers. By pnblic officers. in general. liability for money lost or stolen. By pnblic depository. Corporate bonds. Municipal bonds. in general; power to issue gen- erally. for what purpose. authorizing; elections. form; conditions and regula- tions of issue. who are, and rights of, bona fide hollers. estoppel as to; ratification. actions and defenses; remedies. State bonds. In general. On appeal, see APPEAL AND ERROR. Damages on, see DAMAGES. Estoppel by, see ESTOPPEL. Liability and release of sureties on, general- ly, see PRINCIPAL AND SURETY. Replevin bond, see REPLEVIN. Special deposit of. 1915B, 542. Pledge of bonds by one to whom they are intrusted for safe-keeping. 1916A, 629. Priority between supersedeas bond and mortgage. 1916F, 1067. Validity of bond given to secure location of courthouse at certain place. 1916F, 873. For indemnity and security generally. Annotations. Effect of insertion of unauthorized pro- visions in a bond required by stat- ute. 1917B, 990. May each of several persons protected by a bond recover up to the full amount of the bond. 1917D, 617. Validity and enforceability of bond to one spouse, conditioned for main- tenance of family relation or prop- er conduct of other spouse. 1917D, 445. Liability on replevin bond w7iere suit is dismissed or discontinued or nonsuit suffered, ivithout a judg- ment for the return of the properiij. 1917A, 1191. Replevin for property held under rede- livery bond given to secure release of property from legal process. 1917D, 987. Dismissal of appeal from commissioners to court, in eminent domain proceedings because bond was not signed by all appellants. 1916E, 420. Subrogation of obligee to rights of suutv. 1916C, 1057. Amount of judgment on bond for penalty. 1915E, 385. In injunction suit. 1913A, 853; 1916E, 1277. Security for costs. 1916F, 1033; 1917D, 365. Of operators of jitney bus"s. 1915F, 850; 1916B, 1151; 1917D, 61.3. Of person engaging in messenger business. 1915D, 260. Bond for production of child , s condition to award of custody in divorce proceed ing. 1915 A, 576. To support wife; validity. 1917D, 440. Replevin bond. 1917A, 1188. Contractor's bond. Annotations. Right of surety upon contractor's bond to have payments made by con- tractor applied to the contract. 1917C, 637. Effect of inrertion of unauthorized pro- visions in. 1917B, 99O. Who may maintain action on contractor's bond. 1915A, 768. BONDS. 53 Form of action on. 1917A, 336. Right to maintain action on bond without first filing mechanic's liens. 1917D, 722. Reversing in part and affirming in part judgment in action on. 1917 A, 336. Duty of public officer letting contract to take bond from contractor. 1917B, 558. Liability of officers for failure to take bond required by statute. 1916F, 481. Failure of school district to take bond from person constructing school building. 1915F, 629. Duty of owner of building to protect him- self from fraud of contractor by re- quiring bond for payment of material. 191 5E, 302. Duty of property owners seizing contractor's implements to account for th^m to . surety. 1916A, 881. Power of common council to enforce bond for maintenance of street improvement or to compromise suit brought for that purpose. 1917F, 535. \Yhat claims or materials are within pro- tection of. 1915F, 951; 1917A, 3l ! 6; 1D17B, 558; 1917C, 912. Determining liability of surety by terms of the bond and not by those of the con- tract. 1915B, 407. Right of surety on contractor's bond to notice of latter's death. 1916A, 881. Right of surety on contractor's bond as to application of payments by contractor. 1917C, 630. Release of surety on. 1915B, 407; 1915C, 170; 1916A, 881; 1916E, 1110; 1917C, 490. Liquor bond. When right of action on, is barred. 1916E, 269. Joinder of bondsmen in action under civil damage act. 1916D, 940. Condition of bond that saloonkeeper keep quiet and orderly house; what consti- tutes breach. 1916E, 269. Liability on bond for act of bartender in pouring alcohol upon foot of guest and setting fire thereto. 1916E, 269. For fidelity of employees or corporate officers. Annotation. Effect of insertion of unauthorized pro- visions in. 1917B, 99O. Recovery of money paid under bond because of mistake. 1916F, 532. Effect of appointment of receiver to revive right of action. 1916F, 709. Release of surety on. 1916F, 709. Necessity of identifying employee causing loss to raise liability on bond asrainst loss through employees. 1916F, 43C. Cashier's bond7 1917B* ?S4. By public officers. in general. Liability of officers generally, sec OFFICERS. Annotation. Effect of insertion of unauthorised pro- visions in 1917B, 99O. Effect of failure to require bond of police officer to render city liable for his acts. 1915E, 460. Recovery of unearned premium. 1915D, 966. Set-off in action on. 191 5D, 948. Contribution between sureties. 1915D, 481. Parol modification of terms of. 1917B, 139. Extent of liability of surety on successive bonds. 1916C, 544. Liability after end of term. 1917B, 139. Attempt by legislature to direct county to levy tax for reimbursement of sureties w 1 > are alleged to have paid shortage for which collector was not responsible. 1917E, 824. Liability of marshal on his bond for assault committed by deputy. 3916D, 278. Liability of constable on his bond for as- saulting and arresting an innocent per- son. 1917F, 1134. liability for money lost or stolen. Loss by failure of bank. 1915D, 481. By public depository. Effect of incorporation in bond of unauthor- ized provision. 1917B, 977. Fact that deposit at time of depository's failure is in excess of depository's bond as ground for release of surety. 1917B, 977. Effect on surety's liability of fact that coun- ty treasurer was a stockholder in the depository bank, contrary to provisions of statute. 1917B, 977. Effect of fact that designation of depository was irregular or illegal. 1917B, 977. Corporate bonds. Annotation. Constitutionality of Blue STcy Laws. 1917F, 524. Requiring license for dealing in. 1917F, 514. Succession tax on. 1916E, 1288. Effect of agreement that corporation would pay bonds without deduction for any tax or taxes on right to deduct Fed- eral income tax. ]917F, 203. Allowance for premium agreed to be paid for retirement of its bonds, in estimat- ing damages for condemnation of pub- lic utility plant. 1916F, 592. Holders of bonds of public utility as neces- sary parties to proceeding to condemn its property. 1916F, 592. Right of bankruptcy trustee of corporation to recover bonds illegally issued. 1916E, 563. Right to issue bonds to secure note at -the time of its renewal. 1916E, 563. 54 BONDS BOXING MATCH. Effect of appointment of receiver for in- solvent corporation to stop running of interest on company's mortgage bonds in favor of unsecured creditors. 1917D, 1152. Bona fide holders. 1916E, 563. Municipal bonds. in general; power to issue general- ly. Annotation. Constitutionality of Blue Sky Laws. 1917F, 524. Insuring lives of residents of school district to secure bonds issued by district. 1917A, 475. Sufficiency of title of statute as to. 19 15 A, 1009. Right of legislature to divert proceeds of county bonds. 1915D, 274. Authority to designate agents to issue bonds in the name of the board of aldermen. 1915A, 1009. Necessity of express direction to issue bonds. 191 5A, 1090. for what purpose. Issue of bonds by municipality for cost of tunnel to be used by railroad company with option to purchase. 1915B, 306. authorizing; elections. Due process of law as to. 1915A, 1009. Effect of enlarging boundaries of munici- pality on vote to issue bonds. 1915A, 1009. Conferring upon mayor and alderman power to determine whether question of is- suing bonds shall be submitted to voters and to fix time for vote. 1915A, 1009. Necessity of appointing judges for election; validity of election conducted by sher- iff. 1915A, 1009. Federal courts following state decisions in determining validity of election. 1917B, 1019. Who entitled to vote. 1917A, 291. form; conditions and regulations of issue. Effect of addition to form fixed by ordi- nance. 1917B, 1019. Authority of mayor to sign contracts as in- cluding authority to sign bonds. 1915 A, 1009. Sufficiency of enactment and publication of enabling ordinance as to bonds. 1915A, 910. who are, and rights of, bona fide holders. Duty of purchaser to examine ordinance under which bonds were issued. 1915A, 1009; 1917B, 1019. estoppel as to; ratification. By recitals in bond. 1S15A, 910, 1009; 1917B, 1019. Ratification. 1915A, 1009. actions and defenses; remedies. . Lack of authority for delivery of bonds to persons who place them on the market as defense to their enforcement. 1917B, 1019. State bonds. Exemption of, from taxation. 1917B, 294. Inheritance tax on. 1916A, 889. State public buildings bonds; authority to issue. 1917B, 294. BONUS. Annotation . Payment of bonus by stranger as usury. 1917F, 923. Payment of bonus by third person as in- ducement for loan as usury. 1917F, 916. BOOKS. Right to inspect books of corporation, see CORPORATIONS. Compelling production of books of public service corporation. 1917F, 1195. Transfer on, of corporate stock. 1915C, 471; 1915D, 292, 733; 1917A, 54. BORROWING MONEY. Power of municipality as to, see MUNICIPAL CORPORATIONS. Power of school district as to, see SCHOOLS. Power of agent as to. 1916C, 110. BOUNDARIES. Of nation, state, or municipality. Enlarging boundaries of municipality, see MuNicrpAL CORPORATIONS. Liability for expense of maintaining bridge over boundary river. 1916F, 508. Sufficient of proof of location of bound- aries of city. 1915E, 500. Of private property. Special finding as to. 1916A, 689. Casting of water from eaves over boundary line. 1916A, 689. BOXING MATCH. Sufficiency of performance by one contract- ing to box another ten rounds to a draw. 1917B, 1238. BOYCOTT BRIDGES. 55 BOYCOTT. Carrying by one man of banner in front of boycotted theater and picketing of building bv one or more men as a nui- sance. 1917E, 383. Validity of boycott by labor union. 1917C, 1053; 1917E, 389. Injunction against boycott by labor union. 1915A, 1217; 1915E, 1037; 1916C, 986. Injunction against threat of boycott by labor union. 1917E, 383. 1 Prematurity of action for. 1915D, 1190. j Presumption and burden of proof in action for. 1915D, 1190. What constitutes a breach. 1915B, 279. Good faith in tender of performance of promise as question for jury. 1915D. 1190. Defenses; what trill excuse. Offer to marry after breach. 1915B, 279; 1915D, 1190. Waiver of breach. 1915B, 279. Sickness or disease of party breaking prom- ise. 1916D, 1260. BRAKES. Duty of street railway company as to. 1915A, 742. BRANCH RAILROAD. Annotation. Consideration of entire return of rail- road company in passing upon its duty to operate a branch line at a loss. 1917F, 1193. Requiring installation and operation of a passenger carrying service on. 1917F, 1190. Right of carrier to abandon operation of unprofitable branch. 1915A, 549; 1917D, 1105. BRANDING. Of drugs. 1916D, 164. Of packages of food. 1917A, 1T16. BREACH. Of contract generally, see CONTRACTS. Of covenants, see COVENANTS AND CONDI- TIONS. BREACH OF PEACE. Arrest of conviction for. 1916B, 1117. Effect of good intent on liability for. 1916B, 1117. BREACH OP PROMISE. In general. Contract to pay attorney percentage of sum obtained by way of settlement or com- promise in action for breach of promise. 1917D, 912. Oral promise to marry. 191 5D, 1100. Illegality of contract to settle action for. 1915D, 1064. BREAKING. Sufficiency of, to constitute burglary. 1915D, 241, 972, 1015; 1916E, 336. BREWERS. Right of brewing company to avoid liability for rent of premises leased for saloon business on the ground that it cannot legally engage in that business. 1917C, 929. BRIBERY. Bribing of juror as contempt. 1917C, 845. Evidence of other crimes in prosecution for. 1915B, 103. BRICK KILN. Validity of ordinance as to. 1916B, 1248. BRIDGES. In general. Construction and maintenance. Defects; injuries on or by. In general. Tolls for use of, see TOLLS AND TOLL ROADS. Right of railroad to bridge a public navi- gable water as a special franchise with- in meaning of tax statute. 1916B, 1222. What constitutes a bridge within statute limiting speed on bridges. 1915E, 959. Construction and maintenance. Contract for construction of. 1915A, 198. Liability of county for cost of bridge over drainage ditch across highway. 191 5D, 249. 56 BRIDGES BROKERS. Mandamus to compel counties to make necessary repairs on boundary bridge. 191GF, 508. Duty of railroad company to maintain 'bridge over its tracks intersecting a public street. 1917F, 485. Duty of railroad company to maintain bridge as part of farm crossing. 1916F, 1294. Duty of railroad company to enlarge span of bridge to accommodate water turned into stream. 191 5B, 486. Imposition on owner of irrigation ditch of expense of constructing and maintain- ing bridge. 1915E, 687. . Defects; injuries on or by. Proximate cause of injury, see PEOXIMATE CAUSE. Annotation. Contributory negligence of children in- jured on drawbridge. 1917F, 99. Right of municipality to recover over against person primarily liable for in- jury on defective bridge. 1916F, 83. Liabilit}- for injury by defect in bridge to one driving unregistered automobile. 1916E, 1212. Liability for injury to vessel by collision vith drawbridge over navigable stream. 1915F, 1062. Injury to railroad employee by. 1915F, 838. Personal liability of county commissioners for defective condition of bridge. 1917B, 869. Insufficiency of railing. 1917D, 754. BRIEFS. On appeal, see APPEAL AND ERROR. BROKERS. Stockbrokers. Real estate brokers. in general. compensation. Money brokers, see MONEY LENDERS. Insurance broker, see INSTJBANCE. Stockbrokers. Annotations. Measure of damages for broker's breach of contract with customer as to sales and purchases of stock on the exchange. 1917C, 747. Constitutionality of Blue Sky Laws. 1917F, 524. Constitutionality of Blue Sky Laws. 1917F, 514. Conversion by broker. 1916A, 629; 1917F, 440. Right of one depositing stock to cover mar- gins to return thereof on bankruptcy of broker. 1916F, 488. Validity of contract for sale on margin. 19I6B, 1056. Liability as stockholder of broker purchas- ing stock for customers. 1917E, 393. Damages for breach of contract by broker. 1917C, 737. Purchase on stock exchange by broker of stock of one customer for account of another. 1917C, 737. Sale by broker to himself of stock carried on margin. 1917C, 737. Ratification by customer of broker's act. 1917C, 737. Real estate brokers. in general. Annotations. Implied or ostensible authority of agent for the sale of land as to represen- tations. 1917F, 962. Implied or ostensible authority of agent for the sale of land to bind princi- pal by covenants. 1917F, 954. Mutuality of contract giving broker ex- clusi e authority to sell, or promis- ing him commission in case of sale by any one else, but not in term* imposing any obligation \ipon him. 1917E, 104O. Mutuality of contract giving broker exclu- sive agency. 1917E, 1036. Written authorization to broker to sell property as memorandum of contract of sale sufficient to satisfy statute of frauds. 1915C, 400. Authority of agent for sale of land to enter into covenants. 1917F, 949. Power of agent for sale of land to bind prin- cipal by representations. 1915F, 634; 1916C, 403; 1917F, 958. Right of property owner to accept benefits of contract of sale negotiated by broker without ratifying statements made by broker to effect sale. 1915D, 287. Rescission of contract for purchase of land because of secret interest of broker. 1916C, 996. Refusal of owner to approve contract of sale for lack of financial ability of pur- chaser. 1913E, 976. Right of broker to purchase property for himself. 1915E, 976. Effect of dissolution of firm of real estate brokers to terminate authority. 1915C, 576. compensation. Annotations. Right of broker to recover commissions where owner has refused to make the sale for a price otherwise sat- isfactory, because of broker's mis- representations as to offers ob- tained. 1917B, 922. BROKERS BUILDINGS. 57 Broker's riglit to commission for intro- ducing to orvner one 'who 7iaeZ al- ready determined to buy the prop- erty l.efore seeing the broker. 1917E, 1175. Evidence in action to recover commission. 1915A, 1224. Departure in reply to answer in action by broker for commission. 1915A, 804. Treating petition in action by broker for commissions as amended where evidence shows that name of purchaser was other than that stated in the petition. 1917E, 1036. Estoppel to contest right of broker to his commission. 1915A, 804. Right to recover for services rendered under void contract. 1916D, 892. Sufficiency of brokers' services. 1917E, 1172. Failure to complete transaction. 1915E, 714; 1917B, 913; 3917E, 928, 1036. Transaction effected -without broker's aid. 1915A, 1224; 1917E, 1172. Effect of broker's frnud on his right to compensation. 1917B, 919. Acting for both parties; compensation from both. 1915D, 257. BROTHERS AND SISTERS. Inheritance rights of, see DESCENT AND DIS- TRIBUTION. Right of brother to appointment as adminis- trator. 1915D, 373. Homicide in defense of sister. 1916B, 924. Right of action for death of. 1917A, 1128. Two sisters living together as a "family," within Homestead Law. 1917C, 356. BUILDING AND CONSTRUCTION CONTRACTS. In general, see CONTRACTS. Provision in, for liquidated damages, see DAMAGES. Annotations. Who must bear 7oss occasioned by de- struction of building in process of erection or repair. 1917D, 1O11. Use of building by owner as acceptance of irorlc of construction or repair. 1917C, 324. Construction of. 1915C, 170. Effect of destruction of building before com- pletion of contract. 1917D, 1006. Excuse for failure of performance. 1915C, 671. Acceptance of buildincr as waiver of faulty construction. 1917C, 322. BUILDING AND LOAN ASSOCIA- TIONS. Loans; mortgages. Conflict of laws as to usury. 1916D, 745. Premiums; competitive bidding. 1916D, 745. BUILDING LINE. Validity of ordinance establishing. 1915C, 981. Restrictive covenants as to. 1917A, 455. BUILDINGS. In general. Statutory and municipal regulation*. in general. fire escapes. Private rights. In general. Elevators in, see ELEVATORS. Fixtures in, see FIXTURES. Liability of landlord for injury by defects in, see LANDLORD AND TENANT. Lien on, see MECHANICS' LIENS. Negligence as to condition of, generally, see NEGLIGENCE. As to walls, see PARTY WALL. Public buildings, see PUBLIC BUILDINGS. Joinder of suit against owner of building negligently constructed and against city negligently permitting it to be con- structed. "1915E, 1069. Moving of, along streets. 1916C, 1249; 1917C, 772; 1917E, 258. Statutory and municipal regulations. in general. Constitutionality of regulations as to, see CONSTITUTIONAL LAW. Annotation. Validity of public restriction as to lo- cation of mercantile business. 1917F, 106O. Denial of equal protection of laws by build- ing regulations. 1915D, 595. Partial invalidity of regulations as to. 1915D, 595 ; 1916A, 1228. Who may question validity of regulations. 191fiA, 1228. Injunction to prevent destruction of, under void municipal ordinance. 1915D, 595. Validity of ordinance establishing fire limits. 1915D, 595. Total loss of insured building within fire limits. 1915E, 618. Prohibiting erection of store building upon land within residential district. 1917F, 1050. 58 BUILDINGS BURIAL GROUND. Regulating construction of garage. 1915D, 007. Ordinance requiring rat-proofing of all build- ings in city. 1916A, 1228. Forbidding storage of inflammable sub- stances in certain locations. 1915D, 603. Limiting buildings to be erected in specified localities to separate and unattached dwellings not less than a specified dis- tance apart. 1917A, 1216. Building permits. 1915D, 595. Establishing building line. 1915C, 981. fire escapes. Annotation. Liability for injuries caused by laclc or insufficiency of fire escapes. 19 11C, 1153. Question whether noncompliance with stat- ute was proximate cause of death as one for jury. 1915E, 519; 1917E, 250. Question for jury whether mode of exit con- stitutes substantial compliance with statute. 1917E, 250. Presumption and burden of proof in action for injury. 1917E, 250. Evidence of violation of statute or ordinance as to. 1917C, 1146. Discrimination in statute as to. 1917C, 1146. What constitutes a three-story building within meaning of fire escape regula- tions. 1915E, 519. Liability of hotel owner. 1917C, 1146. Liability of landlord. 1917E, 250. Liability of master. 1915E, 519. Private rights. Contracts for construction of, see BUILDING AND CONSTRUCTION CONTRACTS. Measure of damages for injury to, or de- struction of, see DAMAGES. Annotations. Use of, by owner as acceptance of work of construction or repair. 1917C. 324. Right to interfere with wires of public service corporation in moving building along street. 1917C, 774. Liability, in absence of negligence for damages to buildings from sub- stances thrown in blasting. 19 17 A, 1O16. As fixtures. 1917C, 1116. Moving of, along street, 1916C, 1249; 1917C, 772; 1917E, 258. Choking space between, with debris. 1916D, 764. Restrictive covenants as to. 191 5D, 543; 1915F, 651; 1917A, 333, 455; 1917C, 879. Duty of street railway company removing cottage deposited by flood on its tracks. 1917C, 1038. Liability of vendor to vendee for buildings removed by tenant. 1917A, 415. BULK SALES. See SALE. BURDEN OF PROOF. In general, see EVIDENCE. BUREAU. Effect of bequest of a bureau and contents to pass title to sum of money found there- in. 1915C, 653. BURGLARY. Loss of passenger's baggage by. 1915D, 113. Evidence as to intent in prosecution for. 1915D, 1015. Opinions and conclusions in prosecution for. 1915D, 972. Competency of witnesses in prosecution for. 1915D, 972. What constitutes a breaking within mean- ing of statute. 1915D, 241, 972, 1015; 1916E, 336. Sufficiency of proof of breaking out to estab- lish burglary. 1915D, 972. Driving horse and wagon to door of store which had been feloniously entered and goods piled for removal near such door, which was partly open. 1915C, 627. BURIAL AT SEA. Liability of steamship company for bury- ing body of passenger at sea. 1917E, 852. BURIAL CERTIFICATES. Business of issuing certificates guaranteeing burial as insurance. 1915B, 976. BURTAL EXPENSES. See FUNERAL EXPENSES. BURIAL GROUND. See CEMETERIES. BUSINESS CAMPHENE. 59 BUSINESS. Conspiracy to injure, see CONSPIRACY. Foreign corporation doing business within state, see CORPORATIONS. Measure of damages for injury to, see DAM- AGES. Charges injurious to, see LIBEL AND SLAN- DER. License to conduct, see LICENSE. Sunday business, see SUNDAY. As to unfair competition, see UNFAIB COM- PETITION. Annotations. WJiat passes under devise or "bequest of. 1917D, 435. Legality of voting or popularity contest to stimulate. 1917D, 489. Effect of stipulation for liquidated dam- ages in contract not to engage in ' business upon the equitable juris- diction to enjoin breach thereof. 1917E, 886. Expenses incurred in management of business conducted by either spouse, or by both, as family ex- penses or necessaries within stat- ute rendering wife or her property liable therefor. 1917F, 863. Devise for life of retail business. 1915C, 846. Liability of one transferring business with- out notice for supplies furnished suc- cessor. 1915F, 711. Scheme to increase business bv voting con- test. 1917D, 485. Parol evidence of agreement of seller not to re-engage therein. 1917B, 267. Validity of contract to refrain from. 1916C, 620; 1917A, 376; 1C17E, 251, 880; 1917F, 450. Construction of contract not to enter com- petitive business. 1917B, 267. Consideration for agreement by seller of business not to re-engage therein. 1917B, 267. What constitutes breach of covenant by one selling business not to engage therein. 1915B, 1204. Enjoining breach of contract, not to engage in or aid, competing business. 1917 B, 2(57; 1917E, 880. Stipulated damages for breach of contract to refrain from. 1917E, 880. Solicitation of, Ly attorney. 1917B, 1132, 1140. Injury to, as result of exercise of eminent domain. 191 6A, 1079. Right of action for injury to. 1915B, 1179, 1196: 1916B, 835, ]238; 1916C, 986; 1916D, 391. Joint liability for injury to. 1915B, 1179. Right to recover for loss of, caused by nui- sance. 19] 6D, 358. Conclusiveness in common-law action for in- terference with business, of judgment in action between same parties under Sher- man Anti-trust Act. 1915B, 1179. Burden of proof as to malice of citizens petitioning for closing of business. 1916D, 391. BUTCHER. Exemption of tools of. 1915F, 916; 1916B, 1288. BUTTER. Indictment for violation of statute as to weight of packages. 1915D, 515. BY-LAWS. Of benefit society, see BENEVOLENT SOCIE- TIES. Of corporation, see CORPORATIONS. Of insurance company, see INSURANCE. Of labor organization, injunction to prevent enforcement of. 1915E, 1037. BYSTANDER. Injury to bystander watching raising of de- railed locomotive. 1916F, 114. CABLE. Injury to employee by breaking of. 1917E, 233. CABOOSE. Statute regulating form and construction of caboose cars. 1915D, 458. CABS. See HACKS AND TAXICABS. CAFE. See RESTATJRANTS. CAMPHENE. Annotation. Keeping of, on insured premises. 1917C, 278. 60 CAMPUS CAREY ACT PROJECT. CAMPUS. ' CANVASS. Statute providing for levy of tax by city for extension of campus of state uni- versity located in the city. 1917E, 842. CANALS. Annotation. Duty of canal company to maintain and operate canal. 1917F, 7S9. Canal as a navirable public highway. 1917F, 776. Right and duty of government to regulate. 1917F, 77''. Mandamus to enforce duty of canal com- pany. 1917F, 776. How extent of canal company's privileges and duties are determined. 1917F, 776. Duty of cn.nal company to maintain canal in proper manner. 1917F, 776. Payment of fixed toll for use of. 1917F, * 776. Cost of constructing bridge over irrigation canal. 1915E, 687. Jurisdiction of railway commission to de- termine question of ownership of irri- gation canal. 1915D, 1205. CANCELATION. Of contract generally, see CONTRACTS. Of insurance policy, see INSURANCE. Annotation. Right to Jiave record of arrest can- celed. 1917E, 777. Of record of wrongful arrest. 1917E, 774. Of stock subscriptions. 1915D, 792; 191 6B, 1114; 1917C, 890. Of mining entry. 1915A, 1113. Of lease and mortgage given by infant. 1915E, 465. Decree canceling release given by injured passenger as condition precedent to ac- tion at law to avoid the release and recover damages. 1917E, 399. CANDY. See CONFECTIONERY. CANNERIES. Exempting canneries from statute regulat- ing hours of labor. 1915F, 829. Of vote, see ELECTIONS. CAPIAS AD RZSPONDENDUM. EJect of failure to begin action by, on right to capias ad satisfaciendum. 1915A, 706. CAPIAS AD SATISFACIENDUM. Right to issue of. 1915A, 700. CAPITA!,. As distinguished from income in determin- ing the respective rights of life tenants and remaindermen, see LIFE TENANTS. CAPITALIZATION. Of pay rolls, as basis for estimating damages for construction of railroad through manufacturing plant. 1916A, 1079. CAPITA!, PUNISHMENT. Statute providing that no person shall suf- fer death penalty who has been convict- ed on circumstantial evidence alone. 1917D, 591. CARBONATED DRINK. Explosion of, as proof of negligence in bot- tling of. 1916E, 1074. CARD INDEX. Admiss-bility in evidence. 1916B, 631. CARETAKER. Limitation by carrier of liability for in- jury to. ']916A, 617. CAREY ACT PROJECT. Irrigation rights of purchasers of land wi*' in. 1916F, 235. CARMACK AMENDMENT CARRIERS. 61 CARMACK AMENDMENT. Effect of, on carrier's liability. 1917A, 193, 265. Application of provisions of Carmack Amendment as to suits by holders of bills of lading, to suit under state stat- ute for failure to deliver all grain re- ceived for shipment. 1917E, 1011. Effect of Carmack Amendment on applica- tion to claim based upon a loss of an interstate shipment, of local statute providing for attorneys' fees. 1915E, 942. -*-. CARNAL INTERCOURSE. See SEDUCTION. CARRANZA. An notation. Effect of recognition of General Car- ransa by the President of the United States on litigation arising out of Mexican revolution. 1&17A, 280. CAP RECORD. Admissibility in evidence. 1916C, 351. CARRIERS. -\ In general. Who are common carriers. Carriers of passengers and other per- sons generally. Rules and regulations. Who are passengers. in general. when relation commences. termination of relation. Abuse of passenger; insult. Assault. Arrest; false imprisonment. Measure of care required; negligence of carrier generally. Who liable for injury. Negligence as to vehicle, or place of riding generally. Contributory negligence of passenger; assumption of risk. Ejection of passenger or trespasser. in general. grounds for. at what place. Leaving at destination stop-over. Disabled or incompetent passenger. duty or negligence of carrier. Injuries in getting on or off. duty or negligence of carrier. contributory negligence. Safety of stations, approaches, and platforms. carrier's duty or negligence. contributory negligence. Tickets; conditions; fare. in general. .passes. limitation of liability. Baggage or property of passenger. in general. what is baggage. liability of sleeping car com- pany. limitation of liability. Transportation of corpse. Connecting passenger carriers. Carriers of freight generally. Duty to receive Lid transport. Loss of, or injury to, property. Delivery by carrier; delay. in general; refusal to deliver. notice of arrival; termination of liability. misdelivery; wrongful delivery. time ; delay. Liability and lien for freight charges; rates. Carrying live stock. Stipulations as to liability. in general. as to amrunt. as to time of giving notice or commencing suit. Contract or duty to furnish cars. Demurrage on cars. Connecting carriers. Criminal transportation. Governmental control; rates; discrim- ination; duty as to stopping places and as to running- trains. in general. compulsory connection and in- terchange of business; dis- crimination between hackmen, etc. rates; discrimination between passengers or shippers; re- bates; passes. duty as to depots; duty to run trains or operate road. In general. Matters in common with other corporations, see CORPORATIONS. Damages in action against, see DAMAGES. Elevators as carriers, see ELEVATORS. As to jitney buses, see JITNEY BUSES. Injury to employee, see MASTER AND SEBV- ANT. Illegal combination of, see MONOPOLY A.\I> COMBINATIONS. Matters peculiar to ships, see SHIPPING. Admissibility in evidence of car record book. 1916C, 351. Garnishment of property in hands of. 1916E, 449. Mode of attachment of property in posses- sion of. 1915F, 1184. 62 CARRIERS. Levy on cars of foreign railroad company. 1915D, 838. Municipal regulation assigning stands to hotel omnibuses at railway stations. 1915F, 726. Validity of contract as to location of rail- road station. 191 6F, 687. Breach of contract to locate railroad sta- tion at certain place. 1916F, 687. Passing of title on delivery to carrier. 1915B, 536; 1915E, 302; 1916E, 1207; 1917F, 559. Duty of carrier maintaining platform for shipment of cottcn to one going thereon to see cotton buyer. 1916A, 510. Liability for injury to property by explo- sion of dynamite during transportation. 1916B, 716. Who are common carriers. Owner of elevator as, scj ELEVATORS. Irrigation company as. 1915D, 1205. Local transfer company as. 1916D, 1199. Who is common carrier within meaning of policy insuring against injury while in common carrier's conveyance. 1915C, 456. Who is a common carrier entitled to exer- cise power of eminent domain. 1916B, 1089. Carriers of passengers and other per- sons generally. Annotations. Liability of railroad company for acts of Pullman car employees toward trespassers. 1917 A, 42O. Effect of "breaking continuity of pas- sage upon its interstate character. 1917D, 1184:. Negligence in driving to the left of stand- ing street car discharging passengers. 1917C, 477. Imputing negligence of carrier to passenger. 1917D, 344. Damages for breach of contract to run special train. 1917D, 750. Damages for causing passenger to miss con- nections by holding her train beyond schedule time. 1917D, 977. Rights of passenger upon motor car operat- ed on track of railway company under license from it. 1917D, 344. Duty to transport generally. 191 5E, 788. Punitive damages for failure to transport. 1915C, 477. Duty to receive local passengers on de- toured trains. 1915B, 761. Refusal to return excursionists to their homes on a particular train. 191CC, 477. Duty to furnish seat to passenger. 1917C, 483. Duty to provide passenger with berth. 191 5B, 1202. Requiring sheriff in charge of colored prisoner to ride in car set apart for col- ored passengers. 1916E, 278. Injury to colored passengers compelled by town marshal to leave station where they were awaiting train and walk to destination. 1916E, 1107. Powers of agents. 1916E, 1134. Rules and regulations. Annotation . Violation by servant of rule adopted by company as evidence of negligence toward passenger. 1917C, 793. Ejection for refusal to obev rule. 1913D, 539. As to stoppage of trains. 1915E, 1043. Who are passengers. in general. Effect of failure to purchase a ticket and check baggage according to rules of steamship company to deprive one of status of passenger. 1916E, 487. Effect of interruption of journey by wreck. 1915E, 145. Person riding free with knowledge of car- rier's employees. 1917C, 86. One permitted to enter train on which he is not entitled to ride under mistaken be- lief that he has a ticket for that train. 1915B, 761. One attempting to board moving train after having been refused a ticket because he was believed to be intoxicated. 1916F, 543. Caretaker of live stock. 1917F, 1128. Infant accompanied by adult. 1916C, 348. when relation commences. Before entering train. 1916C, 1020. termination of relation. Leaving train at intermediate station, and failing to return in time to catch it. 1917C, 86. Abuse of passenger; insult. Punitive damages for. 1915B, 915. By employees. 1915B, 915; 1916D, 1183. Assault. Annotation. Vuty of sleeping or parlor car company to protect passengers from assault. 1917F, S8S. Pleading inconsistent defenses in action for assault. 191GC, 358. Burden of proving justification for. 1916C, 358. Evidence in action for. 1916^. 358. Measure of damages for. 191 5E, 668. Liability of sleeping car company for. 1917F, 885. By employees. 1915E, 145: 1916C, 358. By fellow passenger or stranger. 1917F, 885. CARRIERS. 63 Arrest; false imprisonment. Annotation. Liability of carrier for arrest of tres- passer on train. 1917D, 227. Measure of damages for. 1915E, 145. 320. Arrest, for nonpayment of fare, of employee who believes he is entitled to free trans- portation. 1917D, 220. By employees. 1915E, 145, 320; 1916E, 1134. By public officer. 1915E, 320; 1916C, 439. Measure of care required; negligence of carrier generally. Measure of damages for personal injury to passenger, see DAMAGES. Proximate cause of injury to passenger, see PROXIMATE CAUSE. Annotation. Liability of carrier for personal inju- ries to passenger who attempts to reach his destination by other means because of delay or stalling of car or train. 1917F, 357. Splitting of cause of action for injury to passenger. 1916D, 1164. Presumption and burden of proof as to negligence. 1915B, 621; 1915F, 1174; 191 6A, 927; 1916C, 348, 351, 355, 358; 1916D, 1109; 1917B, 1091; 1917C, 384; 1917F, 1020. Relevancy of evidence as to negligence. 191CF, 1174. Opinion evidence as to cause of physical condition of injured passenger. 1915A, 1056. Sufficiency of proof of cause of passenger's death. 1915E, 964. Instructions as to weight of expert testi- mony. 1916D, 144. Variance between pleading and proof in ac- tion for injury. 1915F, 992; 1917B, 1091. Question for jury as to negligence. 1916C, 348; 1916E, 763. Instruction as to negligence where it is not clear whether plaintiff had become a passenger when the injury occurred. 1916C, 1020. First raising question on appeal in action for injury. 1915F, 888. Gross negligence. 1915A, 142. Duty to mail clerk to heat car. 1916E, 464. Xegligence of physician employed to treat injured passenger. 191 5D, 883. Injury to shipper of stock on railroad track. 1915F, 863. Injury by other passenger. 1915E, 668. Injury by missile thrown into car by stranger. 1915C, 681. Sudden jolt or stop. 1915D, 368: 1915E, 964; 1916C, 348, 355; 1917C, 384. Overcrowding train; duty to warn of dan- ger of standing in coal car. 1915E, 964. Discharge of passenger from car on curve. 1915C, 609. Liability to passenger made ill by exposure in being compelled to ride on platform. 1915B, 915. Release of right of action for injury to pas- senger. 1916D, 144; 1917E, 399. Who liable for injury. Liability of one company which controls an- other for injury to passenger by latter's negligence. 1916C, 400. Liability cf owner of road for injury in- flicted by lessee upon passenger. 1916D, 514. Liability of carrier for injury to its own passengers by negligence of those operating train or car of other com- pany over itj tracks. 1915F, 992; 1917D, 344. Negligence as to vehicle, or place of riding generally. Contributory negligence as to, see infra. Presumption and burden of proof as to neg- ligence. 191 6D, 1109; 191 7F, 1020. Effect on liability for injury of negligence which did not contribute to the injury. 1917F, 1020. Freight trains; assumption of risk by *>as- senger. 1917C, 86. Leaving fender projecting from rear of street car. 1917C, 410. Leaving apparatus which works air brake exposed on the rear platform of an ex- cursion train. 1917F, 1020. Crystallization of draw bar which broke allowing train to part. 1917F, 1020. Duty to furnish sufficient light on car plat- form to show space between cars. 1916D, 1109. Contributory negligence of passen- ger; assumption of risk. In getting on or off train, see infra. In stations or on platforms, see infra. Presumption and burden of proof as to. 1916D, 1109. Question for jury as to. 1917C, 410. Taking more dangerous course where neg- ligence of carrier requires immediate selection of one or another situation of danger. 1917D, 962. Of passenger who, to avoid delay, leaves stalled car and attempts to walk to des- tination along track, across a trestle. 1917F, 353. Of passenger struck by overhang of car which he has just left. 1915C, 609. Of passenger riding on freight train. 1917C, 86. Of fifteen-year-old boy riding on lower steps of car. 1915B, 166. Remaining on platform of crowded car where place inside could have been se- cured. 1915A, 395. Ejection of passenger or trespasser. in general. Measure of damages for, see DAMAGES. Punitive damages for. 1915E, 145. 64 CARRIERS. Mental anguish as element of recovery for wrongful ejection. 1915E, 145. Ejection of passenger as proximate cause of injury. 1915C, 1C4. Pleading in action for ejection. 1915E, 145; ini7C, 483. Negligence in removing passenger as ques- tion for jury. 1916E, 763. Judgment against carrier for wrongful ejec- tion by servant where verdict has been returned in favor of the servant. 1917E, 1023. Of trespasser. 1916E, 1134. Liability of railroad company for act of Pullman conductor in ejecting tres- passer. 1917A, 417. Measure of care required in removing pas- senger from Pullman coach which he had entered by mistake. 1916E, 763. Use of force in ejecting. 1917C, 483. Negligence in ejection of intoxicated person. 1917E, 663. grounds for. Refusal to comply with conductor's rec /jest to obey rule forbidding standing in vestibule. 1916D, 539. Arrest of passenger for refusal to pay fare. 1917D, 220. Nonpayment of fare by passenger in drunken sleep. 191 5C* 148. Failure to pay fare where effort to pay is ineffectual because of illness. 1915C, 134. Passenger refusing to pay fare because not provided with seat. 1917C, 483. Failure to purchase ticket; offer of cash fare. 1916E, 1092. Passenger who has lost ticket. 1916D, 1183. Ejection at original destination of passen- ger who, having purchased ticket be- tween two points in the same state, de- cided, on reaching an intermediate point, to proceed to a point without the state and tendered the unused por- tion of his ticket and cash fare at a higher interstate rate from the point of original destination to the point out- side the state, but refused to pay the higher rate between the intermediate point and the point of destination out- side the state. 1917D, 1180. Right of passenger ejected for nonpayment of fare to acceptance as passenger on the same train upon purchasing a ticket from, point where ejected to destina- tion. 1915E, 311. at what place. Right to eject at other than regular stop- ping place. 1917C, 4B.3. . Drunken passenger. 191? E, 663. Leaving at destination stop-over. Proximate cause of injury to passenger car- ried beyond station. 1917A, 1017; 1017B, 706. Duty to awaken pas>enper. 1015C, 664. Train not stoppin^ at destination. 1915D, 705; 1915E, 1043. Disabled or incompetent passenger. duty or negligence of carrier. Permitting crippled passenger to reach seat before starting car. 1915A, 797. Duty to assist passenger who is able to walk but has lost some fingers and toes. 191 6D, 514. Sick passengers. 1915C, 134; 1915E, 788. Intoxicated passengers. 1915C, 148; 1916F, 484; 1917E, 663. Injuries in getting on or off. duty or negligence of carrier. Question for jury as to. 1917C, 1066. Splitting of cause of action for injury. 1916D, 1164. Duty to passenger who has left car and at- tempts to re-enter after it has begun to move. 1916B, 830. Duty to constable entering train to arrest passenger. 1917D, 980. Children jumping on and off trains. 1916C, 104; 1917C, 1066. Assistance to passengers. 1916D, 514. Waiting for passenger to reach seat. 19 15 A, 797. Allowing time to alight. 1917D, 962, 980. Making liability of carrier for injury to passenger attempting to board car de- pend upon whether the car was in mo- tion when the passenger took hold of the handrail. 1917D, 1131. contributory negligence. Relevancy of evidence as to. 191 5C, 181. Attempting to board movingr car or train. 1915C, 536; 1917D, 1131. Alighting from slowly moving train. 1915C, 181. Jumping from moving train which did not stop a sufficient time to permit passen- gers to alight. 1917D, 962. Alighting from car on wrong side. 1915C, 181. Safety of stations, approaches, and platforms. carrier's duty or negligence. Governmental regulations as to depots and stations, see infra. Liability for act of policeman in expelling passenger from station. 1916E, 1107. Evidence in action for injury on platform. 1915A, 510. contributory negligence. Annotation. Contributory negligence in u-alking through doonray leading to place of danger. 1917D, S92. Of passenger in hurrying through an un- marked door in the waiting room into a dark passage without attempting to learn what was there. 1917D, 890. CARRIERS. 65 Tickets; conditions; fare. in general. Authority to sell tickets. 1916E, 1134. Effect of commerce act forbidding accept- ance of anything except money for per- sonal transportation. 1916E, 622. Recovery of overcharges exacted by carrier during existence of injunction restrain- ing putting in force of lower schedule. 1916C, 309. Review of finding that fare paid was less than amount due. 1915E, 665. Refusal to accept a good but unusual coin for fare. 1916E, 911. Compelling payment of excess fare for corpse. 1916A, 565. Stipulation in mileage ticket as to bag- gage. 1915E, 281. passes. Effect of provision of Interstate Commerce Act as to free transportation on car- rier's liability for arrest of person for refusal to pay fare. 1917D, 220. Legislation rendering contract for railroad pass invalid. 1916E, 622. Construction of provision in carriers' pub- lished tariff that free transportation shall not be issued for caretakers of live stock and that they shall pay full fare returning. 1917F, 1128. limitation of liability. As to baggage, see infra. As to freight, see infra. Annotation. Contract exempting railroad company from liability for negligent injury to sleeping car employees or others sustaining a similar relation to the company. 1917D, 64LS. Liability of steamship company for burying body of passenger at sea. 1917E, 852. For injury to employee of sleeping or chair car company. 1915D, 510; 1917D, 641. For injury to caretaker of stock or other property. 1916A, 617; 1917F, 1128. i Baggage or property of passenger. in general. Annotation. Right of carrier to grant exclusive train privilege to baggage or passenger transfer companies. 1917F, 1O85. Grant by carrier of exclusive privilege to baggage company at station. 1917F, 1080. Measure of damages for delay of baggage. 19] 6A, 545. Judicial notice of custom PS to. 1916A, 545. Error in admission of evidence in action for loss of baggage. 1915B, 608. Sufficiency of evidence to support verdict for loss of package. 1916E, 478. L.R.A. Tri. Index 1915-17. 5. Instructions in action for loss of baggage. 1916E, 478. Pleading in action for loss of baggage. 1916E, 487. Effect of Interstate Commerce Act on car- rier's duty to give receipt for inter- state baggage. 1915B, 450. Liability of baggage transfer company. 1916D, 1199. When liability as carrier ceases. 1915E, 281; 1915D, 113. Liability of carrier as an insurer. 1916A, 545. Liability of carrier as gratuitous bailee of baggage. 191 6E, 478. Requiring owner to travel over same lines and on same day as baggage. 1915E, 281. Loss of hand baggage placed in vestibule by porter. 1915B, 608. Duty to deliver baggage immediately upon arrival of passenger at destination. 1916A, 545. Effect of passenger on steamboat refusing to pay fare upon loss of his baggage in the water on his right to recover for such loss. 1916E, 487. what is baggage. Sample trunks. 1916A, 545. liability of sleeping car company. For loss by theft. 1915B, 621. limitation of liability. Effect of contract fixing maximum liability for loss of baggage, where carrier de- livers passenger's baggage to person not entitled to receive it. IQ^QA, 1270. Necessity of filing or posting limitation of liability as to baggage. 1915B, 450. Limiting amount of liability unless greater value is declared by owner and excess charges paid. 1915B, 450. Transportation of corpse. Punitive damages for compelling payment of excess fare for corpse. 1916^A, 565. Who may maintain action for breach of con- tract as to. 1916A, 565. Connecting passenger carriers. Connecting freight carriers, see infra. Estoppel of connecting carrier defending personal injury action under release from liability contained in contract of initial carrier, to contend that its own tariff made this contract unlawful. 1917F, 1128. Carriers of freight generally. Rights and liabilities of transferees of bills of lading, see BILLS OF LADING. Annotations. Deviation as affecting carrier's right to avail itself of provisions of spe- cial contract of affreightment. 19 17 A, 62. CARRIERS. Effect of "breaking continuity of ship- ment upon its interstate character 1917D, 1184:. Presumption as to conduct of business by interstate carrier in violation of Fed- eral legislation. 1917A, 265. Rights and liabilities of parties to inter- state shipment; what law governs 1917A, 265. Parol evidence as to route over which goods were to be shipped. 1917A, 58. Effect on respective rights of carrier and shipper of adoption of uniform bill of lading. 1916C, 606. Right of carrier induced by shipper to issue bill of lading representing car to con- tain more wheat than it actually con- tained, to indemnity from shipper from resulting liability to third person. 1916Cy 429. Rights as against third persons of carrier which, having innocently converted property as result of wrongful act of unknown persons, pays owner therefor and takes assignment of his rights. 1917F, 440. Duty to receive and transport. Refusal to accept liquors for delivery in other state in violation of its laws. 1916C, 278. Agreement to receive goods at places other than regularly designated places for re- ception of freight. 1916D, 974. Liability of carrier for injury to business of shipper by failure of its agent to forward promptly logs tendered for shipment. 1915C, 250. Loss of, or injury to, property. Stipulations to limit liability, see infra. Loss of or injury to live stock, see infra. Measure of damages for, see DAMAGES. Annotations. Must seller or buyer bear loss from failure to contract with carrier for fuli liability. 1917F, 561. Liability of carrier for damages to freight because of defects in or im- proper condition of car. 1917C, 51O. Jurisdictional amor.nt in action for injury to property. 1917B, 924. Burden of proving custom relied on to show constructive delivery to carrier. 1916D, 974. Presumption and burden of proof as to cause of injury. 191 5D, 547. Presumption and burden of proof as to ne"- ligence. 1915D, 644, 974; 1917C, 507. Negligence as question for jury. 1915D, 547. Parol evidence in action for loss of goods. 1917A, 58. Review of verdict, or findings as to. 1917C, 507. \Yliat constitutes delivery of goods to car- rier. 1916C, 606; 1916D, 974; 1916E, 1194. Carrier as insurer of goods shipped. 191 5D, 1077; 1917C, 507. Constitutional provision making carrier lia- ble for all grain received for shipment 1917E, 1011. Effect of Carmack Amendment on common law liability of carrier with respect to loss occurring on its own line. 1917A. 265. Application of provisions of Carmack Amendment as to suits by holders of bills of lading, to suit under state statute for failure to deliver all grain received for shipment. 1917E, 1011. Damage not caused by carrier's negligence. 1917C, 507. Loss by act of God. 1915D, 547; 1916D, 974; 1917E, 1011. Negligence of shipper concurring with act of God. 1916D, 974. Loss by flood through delay of shipment by carrier. 1916D, 974, 982. Loss by blizzard or snowstorm. 1915D, 547. Liability for loss where goods are reshipped without authority upon consignee's failure to remove them. 1917D, 916. Loss during detention of goods for nonpay- ment of illegal charges for wrongful re- shipment from place of destination. 1917D, 916. Effect of contributory negligence of ship- per. 1915D, 1077. Liability for loss of mail. 1915A, 374. Delivery by carrier; delay. in general; refusal to deliver. Choice of remedy for conversion by carrier. 1917B, 787. Place of delivery. 1917D, 916. notice of arrival; termination of liability. Parol evidence of mailing of notice of ar- rival of goods. 1917C, 416. Necessity of notice. 1917D, 916. Delay by consignee in removing; carrier's duty to hold goods a reasonable time; wrongful reshipment. 1917D, 916. misdelivery; wrongful delivery. Delivery of freight to true owner without requiring production of bill of lading. 1917D, 481. time; delay. Measure of damages for delay. 1917A, 197. Prejudicial error in instructions as to dam- ages for delay. 1917A, 193. Liability and lien for freight charges; rates. Regulation of rates, see infra. Annotations. Agreement or custom of carrier to notify consignor of consignee's re- fusal to accept goods or pay freight. 1917C, 1127. 'Liability of consignor for freight. 1917A, 665. CARRIERS. 67 Carrier's charges based upon extra transportation of goods rendered necessary by carrier's own fault or mistake. 1917D, 92O. Freight charges incurred by vendor as ele- ment of damages for breach of contract by purchaser. 1915E, 851. Liability on contractor's bond for freight charges for transporting material. 1917C, 912. Statute allowing attorney's fee to success- ful plaintiff in action for overcharge where claim is not paid within certain time. 1915E, 942. Liability of consignor for freight. 1917A, 663; 1917C, 1124. Charges founded upon wrongful reshipment of goods from their place of destina- tion. 1917D, 916. Right to recover full rates when less has been collected. 1915E, 665; 1916E, 1127; 1916F, 120. Recovery of overcharges exacted by carrier during existence of injunction restrain- ing putting in force of lower schedule. 1916C, 309. Carrying live stock. Stipulations to limit liability, see infra. Discrimination between shippers of live stock, see infra. Liability of carrier for. injury by live stock escaping from cars. 1915D, 563. Regulation of rights and liabilities of par- ties by Carmack Amendment. 1916D, 345. Liability for injury resulting from improper loading. 1915C, 1220. Affirming in part and reversing in part general verdict for damages. 1917C, 433. Measure of damages for delay in furnish- ing cars for. 1917B, 564. Fixing minimum limit of speed for trans- portation of live stock. 1917C, 135. Review by courts of statute regulating rate of speed for transportation of live stock. 1917C, 135. Effect on right to declare unconstitutional statute regulating speed for transpor- tation of live stock, of decision in other case upholding statute. 1917C, 135. Injury to caretaker of live stock. 1917F, 1128. Stipulations as to liability. in general. As to passenger, see supra. As to baggage, see supra. Question for jury as to fairness of contract. 1915D, 644." Burden of proof as to negligence where con- tract limits liability to loss through negligence. ]915D, 644. Right of shipper to sue carrier upon latter's common-law liability notwithstanding special contract of shipment. 1915D, 644. Right of carrier, by filing regulation with State Public Utilities Commission, to relieve itself from statute forbidding contracts limiting liability. 191 7B. 787. Stipulation exempting carrier from liabil- ity for goods delivered on "private or other siding" until cars are attached to a train. 191 6C, 606. Effect of deviation in route, on contract limiting liability. 1917A, 58. Exemption of carrier from liability for dis- crepancy in elevator weights of grain. 1917E, 1011. as to amount. Evidence on question of validity of limita- tion. 1917A, 197. Assent of shipper; reduced rates. 1917B, 787. as to time of giving notice or com- mencing suit. Requiring notice of injury to stock before it is removed from place of shipment or destination. 1916D, 335, 345. Time of commencing suit. 1916D, 335, 345, 1046. Waiver of provisions. 1916D, 345, 1046; 1917C, 433. Contract or duty to furnish ca.rs. Measure of damages for failure to furnish cars. 1917B, 564. Demurrage on cars. Annotation. Right of railroad to charge storage or demurrage where the refusal to re- move the goods is due to a dispute. 1917C, 419. Right of Interstate Commerce Commission to act on demurrage rule relating to private cars. 1917E, 916. Review by courts of demurrage -rule ap- proved by Interstate Commerce Com- mission. 1917E, 916. Delay by consignee in removal; right of carrier to charge for storage. 1917C, 416. Connecting carriers. Passenger carriers, see supra. Liability of carrier receiving from connect- ing carrier potatoes loaded in improper cars, for injury resulting from continu- ing shipment in such cars. 1917C, 507. Effect of Carmack Amendment on common law liability for loss occurring on car- rier's own line. 1917A, 265. Effect of Carmack Amendment on liability for damage by loss of market because of delay in transportation. 1917A, 193. Criminal transportation. Liability for violating liquor law 1916C, 291; 1916F, 1001. 68 CARRIERS. Injunction to prevent carrier from trans- porting liquors in violation of statute. 1916C, 291. Injunction against transportation of pas- sengers carrying liquor. 1916F, 1001. Governmental control; rates; discrim- ination; duty as to stopping places and as to running trains. in general. Regulation of interstate business of, see COMMERCE. Constitutionality of regulations as to, see CONSTITl TIONAL LAW. As to powers of public service commissions generally, see PUBLIC SERVICE COM- MISSIONS. Annotations. Cumulative penalties for failure of car- rier to provide separate accommo- dations for white and colored per- sons. 1917B, 548. Constitutionality of statute which makes shipper's statement as to weight conclusive. 1917E, 1O22. Constitutionality of statute imposing penalty or added liability for fail- ure of railroad or carrier to pay claim. 1917 B, 926. Constitutionality of statute fixing min- imum rate of speed at which carri- er may transport special kinds of freight. 1917C, 142. Bight of state or municipality to forbid solicitation of patronage at railway stations. 1917D, 690. Regulation of use of highway by common carrier vehicles. 1915F, 840. Presumption in support of order of railroad commission. 1915D, 98. Prohibiting person to act as conductor with- out having previously served as freight conductor or fireman. 1915D, 677. Question for jury as to intent of one riding on freight train to be carried free in violation of statute. 1917B, 1291. Validity of legislation rendering contract for pass invalid. 1916E, 622. Ordinance forbidding solicitation of patron- age for transportation of persons or baggage. 1917D, 688. Effect of unintentional omission by carrier from report to Interstate Commerce Commission to subject it to penalty or forfeiture. 1917A, 1198. Regulating length and form of running gear upon caboose cars. 1915D, 458. Forbidding carrier to transport milk when warmer than a specified temperature. 1917C, 238. t Municipal regulation as to temperature of street cars. 1915F, 792. Municipal regulations as to passengers rid- ing on platforms. 1915F, 792. Fixing minimum limit of speed for trans- portation of live stock. 1917C, 135. Prohibiting letting down of unengaged up- per berth in sleeping car when lower berth is occupied. 1916A, 1133. Penalty for failure to equip trains with separate accommodations for white and colored passengers. 1917B, 544. Penalty for failure promptly to settle claim. 1917B, 924. Allowance of attorney's fee where claim is not paid within certain time. 1915E, 942. Statute providing that when desired grain shall be shipped in bulk and shall be weighed upon receipt. 1917E, 1011. Statute making sworn statement of shipper as to amount of grain delivered to car- rier conclusive. 1917E, 1011. Siding facilities; switch connections. 1915E, 682; 1916F, 1281. compulsory connection and inter- change of business; discrimina- tions between hackmen, etc. Annotations. Requiring connection or joint use of properties of, as a talcing for which compensation must be made. . 1917E, 1OS3. Right of carrier to grant exclusive train privilege to baggage or passe nyer transfer companies. 1917F, 1O85. Exclusive contract between carrier and private corporation to load logs of pri- vate shippers between stations. 1915C, 250. Grant by carrier of exclusive privilege to transfer or baggage company at station. 1917F, 1080. rates; discrimination between pas- sengers or shippers; rebates; passes. Annotation. Effect of fact that return as a whole is reasonable on right to require railroad to transport commodity for less than reasonable compensa- tion. 1917F, 1158. Posting or filing rates. 1915B, 450; 1917F, 1128; 1917A, 265; 1917B, 787; 1917C, 1124. Necessity of submitting question of unjust discrimination to Interstate Commerce Commission before appeal to courts. 1916D, 253. Jurisdiction of action for unlawful dis- crimination. 1917F, 414. Validity of custom or special arrangement with particular shippers. 1917C, 1124. Waiver of provision as to time of notice of injury as a discrimination. 1917C, 433. Giving one ship broker exclusive -right to storage space on export wharf. 1916D, 253. Duty to charge without deviation rates filed with Public Utilities Commission. 1917B, 787. CARRIERS CARTING COMPANY. 69 Discrimination as to switching charges. 1916A, 1107. Rebates. 1917F, 414. Temporary injunction against enforcement of rate by railroad commission. 1915A, 1. Injunction restraining enforcement of rates fixed by statute pending action to test its validity as protecting carrier from prosecution for its violation. 1916B, 764. Recovery of overcharges exacted by carrier during existence of injunction restrain- ing putting in force of lower schedule. 1916C, 309. Effect of statute fixing uniform rates on prior contract between carrier and shipper. 1915F, 732. Regulation of rates in interstate business. 1916E, 622. Jurisdiction of action to test validity of statute fixing rates. 1916B, 764. Review by court of reasonableness of statu- tory "rates. 1916B, 764. Regulation of rates as impairment of con- tract obligations. 1915F, 732, 744. Reasonableness of rates. 1917F, 1148. Regulations as to mileage or penny-script books. 1915E, 902. What constitutes switching service within statute regulating charge for. 1916D, 452. Requiring that special rates be given to militiamen. 1915C, 778. Requiring street railway companies to grant free transportation to police officers. 1917E, 1176. duty as to depots; duty to run trains or operate road. Annotation. Consideration of entire return of rail- road company in passing upon its duty to operate a branch line at a loss. 1917F, 1193. Finding by Interstate Commerce Commis- sion as condition precedent to mainte- nance of action for breach of contract to run special interstate train. 1917D, 750. Damages for breach of contract to run special train. 1917D, 750. Interference with interstate commerce by regulations as to number of passengers on ca* and number of cars. 1915F, 792. Requiring construction of union depot. 1915D, OS. Order of railroad commission to change lo- cation of depots. 1915D, 91. Common-law duty of carrier to establish and maintain reasonable transporta- tion facilities. 1917F, 1190. Requiring carrier to maintain adequate passenger facilities on lateral railroad line. 1D17F, 1190. Duty to operate road; abandonment of un- profitable branch. 1915A, 549; 1915D, 547; 1917D, 1105. CARRYING ON BUSINESS. Annotation. Purchase of supplies by foreign mining or manufacturing corporation as doing business within state. 1917E, 1157. What constitutes. 1916C, 572; 1916E, 241; 1916F, 329; 1917A, 282; 1917C, 1012; 1917E, 1152. CARRYING WEAPONS. Annotation. Constitutional right to bear arms. 1917C, 63. Applicability to state legislation of pro- vision of Federal Constitution as to right to bear arms. 1917C, 60. Right of individual to carry weapons on occasions when he deems it necessary. 1917C, 60. CARS. Carrier's duty to furnish, see CARRIERS. Annotations. Which party is to furnish cars under a contract to ship goods f. o. b. 1917A, 1163. Liability of carrier for damages to freight because of defects in, or improper condition of car. 1917C, 51O. Application in case of lack of cars of provision in mining lease excusing payment of minimum royalties. 1917E, 1079. Judicial notice as to comparative safety of different types of cars. 1915D, 458. Statute as to remodeling or construction of caboose. 1915D, 458. Contributory negligence of employee as to. 1915F, 3. Effect of inability to secure cars for trans- portation of coal on liability of lessee of coal mine for royalties. 1917E, 1075. Duty of one contracting to deliver goods f. o. b. cars to procure the cars and load the goods thereon. 191 7A, 1157. Negligence of shipper in permitting escape of cars irom sidetrack during loading on to main track. 1917C, 768. Injury to employee resulting from condition of. 1917A, 558: IflHE, 210, 218. Iniurv to property transported by improper condition of. 1917C, 507. CARTING COMPANY. See TRANSFER COMPANY. 70' CASE CATHOLICS. CASE. In general. Right of action for causing Ocath, see DEATH. Injury by fright, see FRIGHT. Liability of seller or manufacturer for in- jury due to defects, see NEGLIGENCE. Annotations. Action for seduction independently of loss of services. 1917E, 758. Right of action for fraud or deceit causing loss of remedy. 1917F, 719. Effect of wrong motive. 1916C, 1134; 1916F, 903. Right of action for fraudulently prevent- ing person from bringing action with- in time allowed by Statute of Limita- tions. 1917F, 717". Mother's right of action for betrayal of minor daughter who is still alive. 1917E, 756. Right of action against third person who maliciously induces change of bene- ficiary of benefit certificate. 1916C, 1134. Right of general creditor to maintain ac- tion against third party for fraudu- lently inducing such creditor to forbear legal action to collect his debt. 191 7E, 1146. Injury to property. 1916F, 1289; 1917D, 214; 1917E, 975. Injury to business. 1915B, 1179, 1196; 1916B, 83.3, 1238; 1916C, 986; 1916D, 391. Liability to legatee of one mutilating an- other's will. 1917B, 556. Inducing breach of contract. Pleading in action for. 1915F, 1076. Evidence in action for damages for. 1915D, 785. Maliciously inducing breach of contract. 1915F, 1076. Causing breach of contract to lend money to redeem mortgaged land by flooding of land. 1917F, 790. Liability of landlord to electric light com- pany for requiring tenants to discon- tinue such company's service. 1916B, 813. Inducing discharge of servant. 1915D, 785; 1917C, 1053. CASE MADE. On appeal, see APPEAL AND ERROR. Loss of, in mails, as ground for new trial. 1917B, 1073. CASES CERTIFIED. Duty of court in allowing appeal in crimi- nal cases to formulate and certify a specific question. 1915D, 223. Questions involved in action for breach of covenant. 1915C, 698. CASH DIVIDENDS. Income tax on. 1917F, 806. Relative rights of life tenant and remainder- man to. 1915A, 738. CASHIER. Annotation. Effect of insertion of unauthorised pro- visions in bond of. 1917B, 991. Imputing to bank, cashier's knowledge. 1916F, 822. Of bank, authority of. 1915B, 542; 1917A, 1021; 1917E, 90]. Of bank, embezzlement of deposit by. 1917A, 519. Cancelation of deeds and notes given by wife of bank cashier to save him from prosecution for embezzlement. 1917D, 1170. Bond for fidelity of. 1917B, 984. Refusal to answer questions propounded by grand jury. 1915D, 1061. Liability as bailee of cashier of bank who has agreed that property may be stored in the bank. 1915B, 542. CASUAL EMPLOYEES. Annotation. Application to, of Workmen's Compen- sation Act. 1917D, 147. Effect of exclusion of, on validity of Work- men's Compensation Act. 1916D, 412; 191 7D, 15. Who are, within meaning of Workmen's Compensation Act. 1916A, 363; 1916C, 329; 1916E, 506. CATHOLICS. Annotation. Remarriage of divorced Catholics. 1&17C, 1O20. Sufficiency of ceremony for remarriage of divorced Catholics. 1917C, 1017. CATS. CATS CERTIFIED QUESTIONS. CEMETERIES. 71 Cat as within protection of statute author- izing killing of dog attacking any do- mestic animal. 1915C, 359. CATTLE. In general, see ANIMALS. Transportation of, see CARRIERS. CATTLE GUARDS. Duty of railroads as to. 1915B, 134. CAUSA MORTIS. Gift, see GIFT. CAUSE. Presumption and burden of proof as to, see EVIDENCE. Opinion evidence as to, see EVIDENCE. Sufficiency of proof of, see EVIDENCE. Of loss, death, or injury insured against, see INSURANCE. Proximate cause, see PROXIMATE CAUSE. CAVEAT EMPTOR. In general, see SALE. Application of doctrine of, to sale of ward's lands under order of court. 1915E, 834. Application of rule caveat emptor to one purchasing building with projections encroaching on street. 191 6A, 1176. CEILING. Injury to workman by fall of, as within protection of Workmen's Compensation Act. 1917B, 595. CELEBRITY. Annotation. Name of celebrity as trademark, or tradename. 1O17C, 1161. CEMENT. Warranty on sale of. 1915B, 1131. Annotation. Forbidding burial of negro in cemetery controlled by white persons. 1917B, 94:8. Injunction against use of land for. 1916B, 1135. Police regulations as to. 1915E, 168. Rights as to burial lots. 1915E, 168. Effect of exemption of cemetery from taxa- tion to fix its character as a public one. 1917B, 946. Refusal to permit burial of colored persons in. 1917B, 946. CENSURING. Of attorney, see "ATTORNEYS. CERTIFICATE OF DEPOSIT. See BANKS. 4 CERTIFICATES. Of acknowledgment, see ACKNOWLEDGMENT. Of deposit, see BANKS. As evidence, see EVIDENCE. Of nomination; mandamus to compel rescis- sion of acceptance of. 1917E, 475. Effect of renewal of bank deposit certificate as a novation of the original indebted- ness. 1915B, 168. Filing by respondent of certificate showing obedience to peremptory writ of man- damus. 1917F, 776. Presumption as to truth of certificate of public officer. 1915D, 772. Requiring health certificate as condition of admission to public school. 1915A, 632. Certificates of redemption. 1915D, 349. CERTIFICATION. Of questions, see CASES CERTIFIED. Of check, see CHECKS. Of corporate by-laws. 1915E, 774. CERTIFIED CHECKS. See CHECKS. * CERTIFIED QUESTIONS. See CASES CERTIFIED. 72 CERTIORARI CHARGES. CERTIORARI. Jurisdiction; use of writ generally. To review order of Public Service Commis- sion fixing rates. 1917B, 930. To review acts of court in habeas corpus proceeding. 1915E, 235. Procedure; hearing; determination. Annotation. Effect of insertion of unauthorized pro- visions in bond. 1917U, 1OO2. Review of findings of trial court on certio- rari to review award under Workmen's Compensation Act. 1917F, 1094. Nature and extent of review. 1915D, 772. CESTUI QUE TRUST. See TBUSTS. CHAIN. Annotation. Applicability of res ipsa loquitur in case of injury to servant by breaking of rope, chain, etc. 1917E, 239. CHAIR CARS. See SLEEPING AND PABLOE CABS. CHAMBER OF COMMERCE. Power of, to grant subsidies. 391GB, 1006. Right of one subscribing to fund to be used by, for industrial development to ob- ject to manner of use. 1916B, 1006. CHAMPERTY AND MAINTENANCE. In general. Presumption that contract is free from. 1916E, 64. Full faith and credit to decree of other state holding contract champertous. 1915F, 984. Agreement by layman to collect, compro- mise, or settle a promissory note for percentage 1916E, 64. of amount recovered. Agreements between attorney and client. Advising client against settlement of case. 1917B, 1140. Advancing money to poor client for living expenses during 1140. litigation. 191JB, Solicitation of business 1917B, 1140. as champerty. Purchase of realty in third person's possession. Applicability in New Mexico of statute of Henry VIII. permitting buying or sell- ing of pretended right or title to land until vendor is in actual possession of the land or of the reversion or of the remainder. 1915F, 648. CHANGE IN INTEREST. Of insured, see INSUBANCE. CHANGE OF BENEFICIARY. See INSUBANCE. 4 CHANGE OF GRADE. Of highway, see HIGHWAYS. CHANGE OF JUDGE. See JUDGES. CHANGE OF LOCATION. Of insured property. 408; 1915D, 239. 1915B, 361; 1915C, CHANGE OF POSITION. Of persons seeking to set up estoppel. 1915A, 872, 1132; 1915B, 725. CHARACTER. Opinion evidence as to, see EVIDENCE. Evidence as to generally, see EVIDENCE. Libelous charges affecting, see LIBEL AND SLANDEB. Sufficiency of objection to evidence of. 1916A, 1240. Presumption and burden of proof as to. 1915D, 1070; 1916D, 590. CHARGES. For freight, see CABBIEBS. Upon interest or property devised, see WILLS CHARITIES CHATTEL MORTGAGE. 73 CHARITIES. In general. What are charities. Conditions; existence and capacity of trustees or beneficiaries. Def.niteiiess; discretion of trustee. Enforcement; control; forfeiture. Liability for damages. In general. Subscription to charitable object, see SUB- SCRIPTION. Works of, on Sunday, see SUNDAY. Exemption of, from taxation, see TAXES. Right of municipality to determine who may engage in charitable work. 1916D, 905. Effect of fact that gift for charitable pur- pose is intended by donor also as a memorial to a relative or friend. 1917D, 1060. Effect on validity of bequest for mainte- nance of dance hall of fact that, if not properly supervised, hall may degener- ate into undesirable place. 1917D, 1062. What are charities. Admissibility of evidence to show chari- table nature of corporations. 1917F, 741. Gift for erection and maintenance of build- in.? for library and lectures for use of laborers ; effoct of provision for dancing and moral amusements. 1917D, 1062. Home for gentlewomen; effect of requiring inmates to pay something toward run- ning expenses. 1916E, 1246. Effect of preference of beneficiaries in favor of friends and relatives of the donor. 1916E, 1246. Conditions; existence and capacity of trustees or beneficiaries. Right of private individuals to question right of corporation to administer a trust. 1917D, 1062. Definiteness; discretion of trustee. Discretion of trustee as to objects of gift. 1917D, 819. As to beneficiaries. 1917D, 819, 1060, 1062; 1917F, 660. Enforcement; control; forfeiture. Impossi' ity of accomplishment. 1917C, 937. Diversion of property or funds to private profit. 1917F, 741. Liability for damages. Annotation. Liability of benevolent or fraternal so- ciety for injury to person during initiation or expulsion. 1917C, 476. Liability for injury inflicted in initiating candidate in fraternal order. 1917C, 469. Injury to employee of city fire department by unsafe condition of fire escape on building. 1917D, 967. CHARTER. Of club, see CLUBS. Of corporation generally, see CORPORATIONS. Of municipality, see MUNICIPAL CORPORA- TIONS. Of bank, right of state banking board to refuse. 1917D, 310. 4 CHARTER PARTY. See SHIPPING. CHASTITY. Evidence of reputation as to. 1916B, 963. CHATTEL MORTGAGE. Property subject to mortgage; after- acquired property. Filing; recording; renewing. Effect: rights of parties; priorities. in general. priority. Assignment; satisfaction; abandon- ment; waiver. Enforcement. Conflict of laws as to, see CONFLICT OF LAWS. Property subject to mortgage; after- acquired property. Future crops. 1917C, 1, 6, 7. Filing; recording; renewing. Annotation. Necessity of recording in state to which property is subsequently removed. 1917D, 942. Necessity of filing or recording. 1916D, 240, 361; 1917C, 628. Restoring to validity as against" second mortgage an unrecorded chattel mort- gage by filing it for record before the second mortgage is filed. 1916D. 240. Loss of lien as against bona fide purchaser upon removal of property to another state. 1917D, 940. 74 CHATTEL MORTGAGE CHECKS. Effect; rights of parties; priorities. in general. Waiver of rights, see infra. Validity as against chattel mortgage exe- cuted by retailer, of retention of title to goods sold to retailer for resale. 1917B, 651. Equitable remedy of chattel mortgagee seeking to recover possession of mort- gaged property. 1916B, 1182. Condition precedent to action by mortgagee to recover possession of property. 1916B, 748. Appointment of receiver in action by mort- gagee to recover possession. 1916B, 1182. Conversion by mortgagee taking posses- sion of property. 1915E, 192; 1916C, 557. Right of mortgagee to question statute existing when mortgage was taken, making personal taxes a lien on all personal property of taxpayer. 1915D, 886. priority. Impairing obligation of contract by stat- ute aa to. 1916E, 524. Right of holder to priority of payment out of bankrupt's estate. 1915B, 148. Priority between chattel mortgage and tax lien. 1915D, 886. Priority over chattel mortgage of lien for repairs. 1915D, 1149. Priority between landlord's lien and chat- tel" mortgage. 1916F, 446. Priority between chattel mortgage on horses and lien for their board. 1916B, 748. Priority of lien of mortgage on animals over claim of one taking them damage feasant. 1916E, 524. Priority as between chattel mortgage on future crops and assignment for benefit of mortgagor's creditors. 191 7C, 1. Prioritv between chattel mortgage and mari- time lien. 1917E, 526. Priority over lien upon automobile for in- juries done by it. 1917E, 925. Effect of renewal of conditional sale note to extinguish the old note so as to post- pone it to intervening mortgage by ven- dee. 1916A, 926. Assignment; satisfaction; abandon- ment; waiver. Annotation. Waiver of lien of chattel mortgage "by accepting proceeds of sale of prop- erty. 1917 A, 1262. Waiver of lien. 1915C, 166; 1917 A, 1261. Enforcement. Exclusive right of sheriff to execute power of sale given by chattel mortgage. 1916C, 443. CHATTELS. Mortgage of, see CHATTEL MORTGAGE. Sale of, see SALE. CHAUFFEUR. Negligence of, see AUTOMOBILES. Salary of, as element of damages for injury to automobile. 1915C, 319. CHEATING. By means of false pretenses, see FALSE PBE- TENSES. CHECKS. In general; nature of. Certification; acceptance. Bona fide holders. Forged paper. In general; nature of. As to duties and liabilities of bank with re- spect to, see BANKS. Annotation. Garnishment of debt after delivery of check, in payment. 1917F, 396. As evidence. 1915C, 976. Obtaining check by false pretenses. 1916E, 1104. Giving of worthless check as a false pre- tense. 1917E, 849. Larceny of proceeds of. 1916C, 580. Acceptance of check in lieu of cash by de- pository in escrow. 1916A, 493. Authority of corporate officer to draw checks to his own order. 1915B, 720. Liability of bank on which check is drawn to holder thereof. 1915C, 531; 1916C, 161; 1916D, 433. Payment by. 1916A, 669; 1917B, 1184. Garnishment after delivery of postdated check for amount of the debt. 1917F, 394. Power of president to bind bank to pay post- dated check on day of its date. 1917F, 1096. What is the nature of a check under the Negotiable Instruments Act. 1917F, 1096. Instrument given by grand lodge of fra- ternal society in payment of a death claim as in legal effect an ordinary bank check. 1916B, 815. Legal effect of check payable to order of town treasurer. 1915B, 725. Effect of delay by one issuing check in pay- ment of forged note to assert his rights. 1915B, 725. Effect of check as an assignment. 1916A, 711. Certification; acceptance. Annotation. Effect of certification of postdated check. 1917F, 1O99. Certification before maturity of postdated check. 1917F, 1096. Effect of certification of check sent by col- lecting bank to insolvent correspond- ent. 1916C, 186. When check may be deemed accepted so as to render bank liable to holder. 1916D, 433. Boiia fide holders. Who are bona fide holders? 1915B, 725; 1916B, 908; 1917E, 788. Forged paper. Payment by bank of forged paper, see BANKS. Estoppel as to. 1916E, 690. CHECKS CIRCUMSTANTIAL EVIDENCE. CHOICE. CHEMICALS. Annotation. Keeping of, 1917C, 278. on insured premises. CHICKENS. Exemption of. 1916B, 786. * CHILDREN. In general, see INFANTS. Disinheriting, see WILLS. CHIROPODISTS. Annotation. Application to, of statutes regulating the practice of medicine. 1917C, 827. CHIROPRACTORS. Annotation. Application to, of statutes regulating the practice of medicine. 1917'C, S23. CHISEL. Injury to servant by defect in. 1915C, 9. Of remedies, see ELECTION OF REMEDIES. CHOSE IN ACTION. Priority between assignments of. 1916E, 79. CHRISTIAN SCIENCE. Right to practise. 1917C, 816. CHURCHES. In general, see RELIGIOUS SOCIETIES. Holding of graduating exercises in. 1916D, 399. Who may enforce restrictive covenant in favor of church lot. 1917 A, 524. Extinguishment of easement created in fa- vor of church lot by conversion of the church building into a business house. 1917A, 524. Forbidding operation of moving picture show within certain distance of church. 1916D, 95. Forbidding sale of liquors within certain dis- tance of church. 1915E, 408. Forbidding erection of garage near church. 1915D, 607. CIDER. License tax on sale of. 1917C, 460. CINDERS. Right to recover for injury by, in condemna- tion proceedings. 1915A, 887; 1915E, 623, 634. CINEMATOGRAPH. See MOVING PICTUKES. CIRCUMSTANTIAL EVIDENCE. Admissibility of, generally, see EVIDENCE. Annotation. Is extrajudicial confession circum- stantial testimony. 1917D, 595. Proof by, of express contract. 1916D, 1260. Weight and sufficiency of. 1916E, 1086; 1917A, 1287; 1917D, 591. 76 CIRCUS CLASSIFICATION. CIRCUS. Liability of proprietor for abuse of patron by employee. 1916E, 912. CISTERN. Injury through defective condition of cover- ing of cistern on leased premises. 1916D, 1220. CITATION. On appeal, see APPEAL AND EBBOB. CITIES. See MUNICIPAL COBPOBATIONS. CITIZENS. Abridging privileges and immunities of, see CONSTITUTIONAL LAW. CITIZENSHIP. As to aliens, generally, see ALIENS. Effect of woman's marriage to alien on her citizenship. 1916D, 127. Of Indians. 1915F, 587. As affecting right to remove cause. 1915F, 1157. CITY ATTORNEY. Liability for malicious prosecution. 1917F, 698. CITY DUMP. As a nuisance. 1915C, 747. CIVIL DAMAGES. See INTOXICATING LIQUORS. CIVIL RIGHTS. Annotation. Forbidding burial of negro in ceme- tery controlled by white persons. 191 fB, 94S. In cemeteries. 1917B, 946. Right of suffrage. 1916A, 1124. Requiring colored and white children to be educated in separate schools. 1915A, 828. Ordinance forbidding white and colored per- sons from residing in the same block. 1915D, 684. CIVIL SERVICE. Validity of acceptance of resignation of em- ployee of health department addressed to the active official in charge of his de- partment instead of to the city commis- sioner. 191 7F, 545. CLAIMS. Against bankruptcy estate, see BANKRUPTCY. Against decedent's estate, see EXECUTORS AND ADMINISTRATORS. Mining claims, see MINES. Against city, prosecution of, see MUNICI- PAL CORPORATIONS. Against ^receiver, see RECEIVERS. Annotations. Constitutionality of statute imposing penalty or added liability for fail- ure of railroad or carrier to pay claim. 1917B, 926. Statute requiring county or municipal- ity to pay a claim against it .s on invasion of powers of judiciary. 1917E, 827. Power of legislature to compel municipality to pay. 1915D, 927. Against municipality, moral obligation to pay. 1915D, 927. Against estate of incompetent, reversible error in allowance of. 1917B, 676. Against carrier, penalty for failure to settle promptly. 1917B, 924. Allowance of attorney's fee where claim against carrier is not paid within cer- tain time. 1915E, 942. CLAIRVOYANTS. Annotation. Application to, of statutes regulating tlie practice of medicine. 191T/C, S2S. CLASSIFICATION. By statute, see CONSTITUTIONAL LAW; STATUTES. CLEANERS COASTING. 77 CLEANERS. Liability for loss of valuables left in pockets of clothing sent to cleaner. 1915C, 712. CLEARANCE CARD. Annotation. Constitutionality of statute requiring employer to furnish a discharged employee urith a statement of the cause of his discharge. 1917B, 1115. Requiring employer to give discharged em- plovee true statement of cause of dis- charge. 1917B, 1108. CLERGYMAN. See RELIGIOUS SOCIETIES. CLERKS. Annotation. Effect of insertion of unauthorized pro- visions in clerk's bond. 1917B, 995. Vacation of judgment by default on ground of neglect of clerk. 1917C, 1190. Validity of deposit in bank by clerk of court of funds in his official custody. 1917A, 680. CLOSED ACCOUNT. What constitutes, within rule that usury cannot be recovered back on. 1917E, 1110. CLOSED SEASON. For game, see GAME AND GAME LAWS. *-- CLOSED SHOP. See LABOR ORGANIZATIONS. CLOTHING. Annotation. Measure of damages for loss or conver- sion of or injury to, 1917D, 495. Opinion evidence as to value of. 1917 A, 58. Measure of damages for loss of. 1917A, 58. CLOUD ON TITLE. In general. Dismissal on appeal, of suit to quiet title. L.R.A.1916A, 493. Costs in proceeding to quiet title. 1916B, 1209. Extent of recovery in action to quiet title to land forfeited for breach of building restrictions. 1917C, 879. Conclusiveness in action to quiet title against one redeeming from mortgage sale, of foreclosure decree. 1915D, 349. When action lies. Jurisdiction of equity to quiet title already forfeited for breach of a condition sub- sequent. 1917C, 879. Failure of affidavit to s.ate possession of claimant as required by statute. 1916B, 1209. Conditions. Payment of mortgage barred by limitations as condition of decree quieting title as against mortgagee. 1916B, 1218. t CLUBS. Forbidding keeping or use of intoxicating liquors in social cl^bs. 1915D, 530; 1917A, 314. Estbppel to annul charter of club because of illegal sale of liquor. 1915C, 876. What constitutes sale of liquor by. 1915C, 101, 876. Right of club under charter to sell liquor. 1915C, 876. COAL. As to mines generally, see MINES. Mechanics' lien for. 1915E, 986; 1915B, 708; 1917C, 580. Neglect in permitting coal to roll over edge of steep decline. 1915B, 426. COAL MINES. See MINES. COASTING. Annotations. Contributory negligence of child in- jured by street car while coasting in street. 1917F, 184. Contributory negligence of child coast- ing across railroad tracTc. 1917F, 158. Injury to child coasting in street. 1028. 1915E, 78 CODEFEXDA^TS COMMERCE. CODEFENDANTS. Annotation. Reversal of judgment on appeal or er- ror by one joint defendant as af- fecting other joint defendant in trhose favor judgment below was rendered. 1917D, 674. Personal judgment in favor of one defend- ant in a foreclosure suit, against a co- defendant who did not appear. 1917D, 1029. Collusiveness of judgment as between. 1915A, 982. .Effect of dismissal of one party in action against two. 1915A, 491. Contribution between. 1915B, 856. CODICIL. See WILLS. .COHABITATION. Necessity or effect of, to constitute con\mon law* marriage. 1915E, 1, 56, 109; 1916B, 1243. Effect of, to render marriage valid. 1915E, 87; 1916C, 686; 1917D, 829. COLD STORAGE. Keeping of intoxicating liquors in cold stor- age by club. 1915C, 101. COLLATERAL ATTACK. On judgment, see JUDGMENT. COLLATERAL INHERITANCE TAX. See TAXES. COLLATERAL SECURITY. See PLEDGE AND COLLATERAL SECUBITT. COLLECTION By bank, see BANKS. Of costs, see COSTS. Of Federal income tax; validity of method of. 1917D, 414. COLLECTORS. Annotation. Effect of insertion of unauthorized pro- visions in bond of. 1917 B, 991. COLLEGES. Statute providing for levy of tax by city for extension of campus of state uni- versity located in the city. 1917E, 842. COLLISION. Liability for injury to vessel by collisibn with drawbridge over navigable stream. 1915F, 1062. COLLUSION. Annotation. Attack on collusive divorce. 46O. 1917B, By administrator in establishment of claim against estate. 1915C, 736. As ground for relief against judgment. 1917B, 405. Effect of, on right to attack collaterally divorce decree. 1916F, 528. COLOR OF TITLE. See ADVEBSE POSSESSION-. COMBINATIONS. Illegal combinations, see MONOPOLY AND COMBINATIONS. COMITY. Tn general, see CONFLICT OF LAWS. Recognition of decree of other state, see JUDGMENT. Rule of, as to exclusiveness of jurisdiction first acquired. 191 7F, 1013. COMMERCE. In general. State and Federal power generally. Regulating carriers and transporta- tion. in general. vessels. railroad companies. COMMERCE. 79 Licenses and privilege taxes; regulat- ing, sales, manufacturing and other business. in general. in original packages. Taxation of subjects of commerce; import and export duties. In general. Conspiracy in restraint of, see MONOPOLY AND COMBINATIONS. 4 Application of state Workmen's Compensa- tion Act to employees engaged in inter- state commerce. 1916A, 403, 436; 1916D, 935. State and Federal povrer generally. Navigable waters. 1917A, 1007. Inspection laws. 1916D, 193; 1917D, 746. How far Federal power is exclusive. 1915C, 1, 27; 1915D, 458; 1915E, 942; 1915F, 792; 1916A, 450; 1916B, 710, 191 6F, 1281; 1917A, 1116; 1917B, 1272; 1917F, 514. Power of state in absence of Federal regu- lation. 1915E, 942; 1915F, 792; 1916A, 403; 1916D, 935. Power of Congress under commerce clause to provide for the protection of mi- gratory birds. 1915F, 1031. Federal White Slave Act. 1915A, 862; 1917F, 502. State statute forbidding circulation within the state of newspapers and magazines containing advertisements of intoxicat- ing liquors. 1915E, 640. Garnishment of debt due to nonresident interstate railroad company. 1915F, 880. Regulating carriers and transporta- tion. in general. Annotation. Constitutionali+y, construction, and ef- fect of Webb-Kentjon Act. 1917B, 1229. Validity of Webb-Kenyon Act. 1917B, 1218. Federal White Slave Act. 1915A, 862; 191 7F, 502. Street railway companies. 1915F, 792. vessels. By Workmen's Compensation Acts. 1917D, 57. railroad companies. Licensing and taxing, see infra. As to governmental regulation of carriers in matters not affecting interstate com- merce, see CARRIERS. Annotation. Right to limit speed of interstate or mail train. 1917F, 1187. When transportation is interstate. 1916E, 528; 1915F, 792. Effect of provision of Interstate Commerce Act as to free transportation by carrier on carrier's liability for arrest of per- son for refusal to pay fare. 1917D, 220. Imposing penalty on carrier for failure promptly to settle claim. 1917B, 924., Application to claim based upon loss of interstate shipment of local statute providing for attorneys' fees where claim is not paid within certain time. 1915E, 942. Carmack amendment. 1916D, 345. State regulation of speed of interstate trains. 1917F, 1184. State regulations as to length and form of running gear upon caboose cars. 1915O, 458. Cars; running of trains. 1915F, 792. Regulations as to mileage or penny scrip books. 1915E, 902. Charges of carriers. 1916E, 622. Power of Congress to fix standard working day for interstate railroad employees and make temporary wage regulation to ave i general strike. 1917E, 938. Effect of Federal -Employers' Liability Act to supersede state statutes. 1915C, 1. Validity of State Workmen's Compensation Law as applied to employees in inter- state commerce. 1916D, 935, 1916A, 403; 1916A, 450. Licenses and privilege taxes; regulat- ing, sales, manufacturing and oth- er business. in general. Taxation of subjects of commerce; import and export duties, see infra. Annotations. Gathering laundry or other articles in one state, performing services thereon in another, and returning to owners, as interstate commerce. 1917B, 343. Prohibiting or restricting advertising as interference with interstate commerce. 1917E, 7O1. Prohibiting foreign corporation from doing business in state as interference with interstate commerce. 191 5A, 892. When transaction by foreign corporation constitutes interstate commerce. 1917C, 1012. Forbidding dealers from disposing of corpo- rate or quasi corporate securities with- in the state without first having ob- tained a license. 1917F. 514. License on business" of gathering laundry in one state, to be laundered in another, and returned to owners. 191 7T5, 341. Payment of license as condition to distribu- tion by nonresident representative of foreign manufacturer of samples and recipe books. 1917E, 699. 80 COMMERCE COMMON LAW. State license tax on use of coupons redeem- able in premiums, in connection with sale of merchandise. 1917A, 421. License tax on automobiles passing through state. 1917B, 553. Making misbranded drugs contraband of interstate commerce. 1916D, 164. Sale of articles of food. 1916E, 380, 1180. Intoxicating liquors. 1915F, 1140; 1916C, 273, 278, 293; 1917B, 215, 1218, 1230; 19170^639; 1917D, 926. in original packages. Annotation. Constitutionality, construction, and ef- fect of Webb-Kenyon Act. 1917B, 1229. Intoxicating liquors. 1917B, 1218. Food. 1917A, 1116; 1917B, 1272. Taxation of subjects of commerce; import and export duties. Local tax upon cities for elevators, lumber yards, etc., on right of way of inter- state railroad. 1916E, 404. Assessment of railroad right of way for local improvements. 1915A, 129. Import and export duties. 1916D, 193. COMMERCIAL HOUSES. Requiring closing of, at 6 p. m. 1916A, 651. COMMERCIAL INTERCOURSE, With alien enemy, see WAB. COMMERCIAL TRAVELERS. Sample trunks of, as baggage. 1916A, 545. Joint liability of, for negligence in use of automobile. 1915E, 436. Implied authority to pledge employer's credit for board and transportation. 1916B, 751. Right to discharge after conditional resig- nation. 1915D, 477. * COMMISSION GOVERNMENT. See MUNICIPAL CORPORATIONS. - 4 COMMISSION MERCHANTS. See FACTORS. COMMISSIONS. Of brokers, see BROKERS. Delegation of power to, see CONSTITUTIONAL LAW. Public service commissions, see PUBLIC SERVICE COMMISSIONS. Workr ?n's Compensation Commission, see WORKMEN'S COMPENSATION. Annotation. Funds on which guardian is entitled to J commissions. 1917C, 193. Conferring judicial power on. 1915F, 531. Injunction against park and tree commis- sion. 1915E, 168. Of guardian. 1917C, 188. Of employment agency, statute forbidding taking of. 1917B, 1276. Forbidding the giving or accepting of a commission on sale of hog cholera serum. 1916F, 136. Damages for wrongful termination of em- ployment to sell on commission. 1916B, 868. COMMITMENT. As to imprisonment generally, see CRIMINAL LAW. COMMITTEE. Of incompetent persons, see INCOMPETENT PERSON. Appointment of committee which is to en- dure beyond adjournment of legis- lature. 1915E, 496. Power to pay expense of, out of contingent fund of 'legislature. 1915E, 496. COMMON CARRIERS. See CARRIERS. COMMON COUNCIL. Powers of, see MUNICIPAL CORPORATIONS. 4 COMMON ENTERPRISE. See JOINT ENTERPRISE. COMMON LAW. Common law marriage, see MARRIAGE. Definition of. WISE, 239. Adoption from England. 1915E, 1; 1916D, 201; 1917A, 1007. COMMON LAW COMPROMISE AND SETTLEMENT. 81 Binding effect of common law in force when Constitution of state was adopted. 1917A, 1194. As the law of Tennessee. 193 5D, 361. Presumption that common law prevails in other state. 1916F, 866. Presumption as to alteration of common law by statute. 1915D, 1149. Meaning of second jeopardy at common law. 1915F, 1093. Revival of common law by repeal of consti- tutional provision or statute. 1915D, 1149; 1915E, 327. Interpreting constitutional provision in light of. 1915F, 1093; 1916E, 1264. Consideration of common law in construc- tion and application of statutes de- claratory thereof. 1916D, 1149. Application of rule of, with respect to em- ployee's assumption of risk in action undtr Employers' Liability Act. 1915C, 1. COMMON LAW BOND. Annotation. Sustaining as a common-law obliga- tion a statutory bond invalid under statute because of insertion of un- authorized provisions. 1917B, 1O17. COMMON STAIRWAY. Duty of lessee to repair. 1917C, 387. COMMUNITY PROPERTY. See HUSBAND AND WIFE. COMMUTATION. Of sentence, see CRIMINAL LAW. COMPARISON. Exhibition of child to jury for purpose of. 1917B, 1143. COMPENSATION. Of attorney, see ATTORNEYS. Of brokers, see BROKERS. Of corporate officers, see CORPORATIONS. Of district and prosecuting attorneys, see DISTRICT AND PROSECUTING ATTORNEYS. Of judge, see JUDGES. Of servant, see MASTER AND SERVANT. Of public officers, see OFFICERS. Of agent, see PRINCIPAL AND ACFNT. L.R.A. Tri. Index 101. -.-17. 6. Annotations. Funds on which guardian is entitled to commissions. 1917C, 193. Amount of compensation to physician or surgeon for professional services. 1917A, 1267. Right of partner to compensation for services rendered to the partner- ship. 1917F, 575. Of guardian. 1917C, 188. Right of partner to compensation for his services. 1917F, 571. Assignability of unearned compensation. 1916E, 618. COMPETITION. Contract to restrain, see CONTRACTS. Combinations in restraint of, see MONOPOLY AND COMBINATIONS. Unfair competition, see UNFAIB COMPETI- TION. Injunction to protect citizens from business competition by municipality. 1916A, 908. COMPLAINT. In contempt proceedings, see CONTEMPT. In criminal prosecution, see INDICTMENT, ETC. Of plaintiff, see PLEADING. COMPOSITION WITH CREDITORS. By bankrupt. 1915F, 668. COMPOUNDING FELONY. Agreement to recompense one whose prop- erty has been stolen r embezzled. 1915E, 139. COMPRESSED AIR. Injury to employee by compressed air in hands of fellow servants. 1916D, 968. COMPROMISE AND SETTLEMENT. See also ACCORD AND SATISFACTION. Annotation. Right of insured \mder policy indem- nifying against liability for dam- ages or injury to settle the part of a claim in excess of insurer's lia- bility. 1917D, 957. 82 COMPROMISE AND SETTLE-MEM CONDITION. Effect of settlement by employer with in- jured employee on liability under policy of employer's liability insur- ance. 1915F, 958. Right of one insured against liability for in- jury to employees to settle at his own cost so much of a claim as is in excess of the insurer's liability. 1917D, 952. Effect of settlement by insured with one responsible for loss to defeat insurer's right of subrogation. 1916A, 1280. Striking out special plea setting up com- promise of action for death. 1917A, 1128. Settlement of claim for death as defense to action therefor. 1917A, 270. Making presumptively fraudulent any agreement as to a claim within opera- tion of Workmen's Compensation Act made within a specified time after in- jury. 1917D, 15. Waiver of errors by submitting to compro- mise judgment. 1917A, 1017. Conclusiveness of compromise judgment in action against contractor in subsequent action, against contractor's surety. 1916A, 881. Effect of compromise by municipality of claim that sewer was not properly con- structed on right to assert that con- tract was void. 1915 A, 982. Power of common council to compromise suit. 1917F, 535. Effect on action for malicious prosecution of compromise of proceedings out of which action arose. 1915A, 601. Compromise of disputed claim as considera- *ion for note. 1915B, H. Consideration for. 1915B, 20. Validity; when binding. 1915B, 11; 1917D, 847. Relieving from. 1917 A, 482. COMPULSORY VACCINATION. Of school children. 1915D, 223. COMPUTATION. Annotation. Mistake in computation by contractor as ground for relief. 191T/D, 745. CONCEALMENT. As a fraud, see FRAUD AND DECEIT. Effect of, on running of limitations, see LIMITATION OF ACTIONS. Of documents, as ground for reprimand of attorney. 1917B, 378. CONCESSIONAIRES. Liability of fair association for negligence of. 1915C, 632. CONCLUSION. Opinion as, see EVIDENCE. Averment of, see PLEADING. CONCRETE CONSTRUCTION. Claim for lumber used in forms for, as within protection of contractor's bond. 1917A, 336. CONCURRENT NEGLIGENCE. Of master and fellow servant, see MASTER AND SERVANT. Liability for.' 1915D, 243; 1916D, 836; 1917E, 215. CONCURRENT REMEDIES. See ELECTION OF REMEDIES. CONCUSSION. Injury to property by concussion or vibra- tion from blast. 1915E, 356; 1916F, 897. CONDEMNATION. Of property, see EMINENT DOMAIN. CONDITIONAL LIMITATION. Effect of deed to create. 191 GE, 303 CONDITION. Condition precedent to suit, see ACTION OR SUIT. To taking of appeal, see APPEAL AND ERROR. Of issuance of municipal bonds, see BONDS. In pass, see CARRIERS. Condition of equitable relief and cloud on title, see CLOUD ON TITLE. Of right of foreign corporation to do busi- ness within state, see CORPORATIONS. To rescission of contract, see CONTRACTS. Relating to real property, see COVENANTS AND CONDITIONS. In pardon or parole, see CRIMINAL LAW. CONDITION CONFIRMATION . 83 Parol evidence of, see EVIDENCE. In insurance contract, see INSURANCE. Against marriage, see MARRIAGE. In oil and gas lease, see MINES. To suit against city, see MUNICIPAL CORPO- RATIONS. Of sale, see SALE. In telegram, see TELEGRAPHS. In will, see WILLS. Annotation. Waiver of conditions of reinstatement of member of benefit society. 1917C, 260. Distinction between covenant and condition. 1915C, 234. Definition of condition precedent. 1916E, 932. Provision in contract as condition prece- dent. 1917F, 744. Stipulation as to time for delivery of goods sold as condition precedent. 1916E, 932. Necessity of fulfilling condition precedent before requiring other party to con- tract to perform. 1916D, 728; 1916E, 932. Condition .precedent to action for replevin. 1916B, 748; 1917A, 696. Condition precedent to continuance of life insurance policy. 1917B, 208. Of delivery of papers deposited in escrow. 1916A, 493; 1917E, 901. In replevin bond. 1917A, 1188. Of admission to public schools. 1915A, 632, 828; 1917C, 993. To setting aside void tax sale. 1915C, /< 92. To maintenance of -mandamus proceedings. 1915D, 98. Of right to have deed declared to be a mort- gage. 1915B, 492. Conditional delivery of note. 1915F, 1157; 1916B, 1048. Effect of deed to create condition subse- quent. 1916F, 303. Nature of estate conveyed by deed in which a condition subsequent is raised. 1917C, 879. Quieting title forfeited for breach of. 1917C, 879. CONDITIONAL SALE. See SALS. CONDITION PRECEDENT. To action, see ACTION OR SUIT. In will, see WILLS. In general, see CONDITION. CONDITION SUBSEQUENT. In general, see CONDITIONS; COVENANTS AND CONDITIONS. In will, see WILLS. CONDONATION. Annotation. Attack on divorce decree based on con- donation pending the divorce suit. 1917B, 4:62. CONDUCT. Estoppel by, see ESTOPPEL. CONDUCTOR. Authority of railroad conductor. 1916E, 1334. CONDUIT. See PIPES. CONFECTIONARY. Sale of, on Sunday. 1917C, 377. o CONFESSION. Evidence of, see EVIDENCE. CONFIDENCE GAME. See FALSE PRETENSES. *--* CONFIDENTIAL COMMUNICA- TIONS. Evidence of, see EVIDENCE. Annotation. Liability for disclosing. 1917C, 1131. Liability of physician for disclosing. 1917C, 1128. CONFINEMENT. Of convicted criminal, see CRIMINAL LAW. Of insane person, see INCOMPETENT PER- SONS. *- CONFIRMATION. Of judicial sale, see JUDICIAL SALE, CONFISCATION CONFLICT OF LAWS. CONFISCATION. Annotation. Consideration of entire return of rail- road company in passing upon its duty to operate a branch line at a loss. 1917F, 1193. By order of Public Service Commission re- quiring establishment of passenger carrying service on branch railroad. 1917F, 1190. By regulation of carrier's rates. 1917F, 1148. CONFLICTING INSTRUCTIONS. Duty to harmonize. 1915D, 1021. CONFLICT OF LAWS. As to rights generally. As to contracts; insurance. Status; marriage; domestic relations; legitimation. Torts generally; personal injuries; death. Rights in property generally. Chattel mortgages; conditional sales. Descent and distribution; wills. Remedies. As to jurisdiction over nonresidents general- ly, see COURTS. As to conflict of authority between courts, see COURTS. As to venue of action, see VENUE. , As to rights generally. /innovation. May substantive law of state be in- voked in an action for personal in- jury, not resulting in death, on waters within the maritime juris- diction. 1917F, 78. Presumption as to law of other state. 1916A, 1167; 1916F, 866. Refusal of courts of one country to sit in judgment on acts of government of an- other. 1917A, 276. Common law right of action. 1917F, 671. Shipping on a foreign vessel as subjecting seamen to the law of its flag though it is chartered to a domestic corporation. 1916A, 216. As to contracts; insurance. General rule as to. 191 7E, 777. Validity of, generally, 1916D, 739. What law governs contracts made in one place to be executed in another. 1915F, 1203. As to compliance with Statute of Frauds. 1917E, 777. Limitation of liability by contract. 1916B, 1041. Mortgages 1916A, 1007. Rate of interest; usury. 1916D, 732, 739, 745. Right to amend by-laws so as to increase assessment rates. 1916A, 771. Bills and notes generally, 1915F, 1203. Note executed by married woman. 1916A, 1049. Status; marriage; domestic relations; legitimation. Annotations. Extraterritorial effect of decree of di- vorce rendered upon constructive service. 1917B, 1O32. Validity of divorce according to In- dian custom, 1917 D, 574. Marriage. 1917C, 353; 1917D, 829. Separation or divorce. 1915E, 87; 1917B, 1032; 1917D, 571. Adoption of child. 1916A, 660; 1917F, 692. Torts generally; personal injuries; death. Annotations. Extraterritorial application of Work- men's Compensation Acts. 1917D, S3. Right of foreign or domestic represen- tative to maintain action for death of decedent under a statute of an- other state u'hich provides that the action shall be brought by the per- sonal representative. 1917 A, 37. Extraterritorial application of Work- men's Compensation Acts. 1917D, S3. Limitation of liability of shipowner. 1916B, 637. Personal injuries generally. 1915F. '.>.'>.">. To employee: Workmen's Compensation. 1916A, 428, 432; 1916D, 637, 685. Death occurring in other state. 1915F, 055. Action for death by personal representative. 1917A, 34. Rights in property generally. Ownership of land under water. 1007. 1917A, Chattel mortgages; conditional sales. Annotation. Necessity of recording instrument creating a lien or reserving title to personal property, in state to which property is subsequently removed. 1917 D, 94:2. Chattel mortgages. 1917D, 940. CONFLICT OF LAWS CONSIGNMENT CONTRACT. 85 Descent and distribution; wills. As to right to renounce provision of will and take statutory rights. 1915F, 680. As to efFect of election to take under will. 1915F, 680; 1917C, 504. Inheritance by adopted child. 191CA, 660. Remedies. Annotation. Extraterritorial application of Work- men's Compensation Acts. 1917D, S3. Abatement of action for death. 19152, 1132. Statute of Limitations. 1915C, 976; 1917F, 1065. CONFUSION. See ACCESSION AND CONFUSION. CONGRESS. Power of, over interstate commerce, see COMMERCE. Validity of legislation by, generally, see CONSTITUTIONAL, LAW. Annotation. Power of legislative body to punish for contempt. 1917F, 2SS. Validity of statute authorizing judge to order judicial inquiry as to violation of election laws by candidate for United States senate. 1917D, 1040. Power to punish for contempt. 1917F, 279. Power to pass laws for protection of game. 1915F, 1031. Power to confer immunity from action for private nuisance. 1915A, 887. Power to provide for protection of mi- gratory birds. 1915F, 1031. CONNECTING CARRIERS. See CAEBIEBS. --* CONSCIENCE. Liberty of, see CONSTITUTIONAL LAW. CONSENT. Estoppel by, see ESTOPPEL. Presumption and burden of proof as to, see EVIDENCE. Annotations. Validity and effect of conditions requir- ing consent to marriage of legatee or devisee. 1917D, 468. Effect of consent after loss to assign- ment of fire insurance policy or to change of ownership. 1917F, 1042. Evidence on question of, in prosecution for rape. 1916B, 963. Question for jury as to. 1916A, 510. To jurisdiction of court. 1915E, 42] ; 1916B, 799; 1917E, 359. Of child under age of consent to her seduc- tion as defense to action b~ father. 1917D, 273. Of infant or his agent to liquor business in close proximity to his property. 1916D, 816. Of property owners to construction of garage. 1915D, 607. Of property owners to erection of nonfire- proof building. 1915D, 595. Of surviving spouse to husband's will. 1915E, 815. Of insurer to change of ownership. 1917F, 1040. Of insurer to change of beneficiary. 1915A, 109. Condition in will that marriage of legatee shall be with consent of her parents. 1917D, 464. CONSEQUENTIAL INJURIES. From condemnation of property, see DAM- AGES; EMINENT DOMAIN. CONSIDERATION. For note, see BILLS AND NOTES. For contract generally, see CONTRACTS. Parol evidence as to, see EVIDENCE. For mortgage. 1917F, 337. CONSCIOUS SUFFERING. CONSIGNMENT CONTRACT. Annotation. Construction of contract having some provisions peculiar to consignment and agency contracts and others to sale contracts. 1917B, 626. Question whether contract constitutes a sale, Of one injured, presumption as to. 1916C, | or a consignment or agency contract.. 817. 1917B, 620. 86 CONSIGNOR CONSTITUTIONAL LAW. CONSIGNOR. Annotation. Liability of, for freight. 191 B, 665. Liability of, for freight. 1917A, 633; 1917C, 1124. CONSOLIDATION. Of corporations, see CORPORATIONS. Of appeals. 1915B, 396. CONSPIRACY. In general. Action for inducing breach of contract, see CASE. Combinations in restraint of trade, com- merce, or competition, see MONOPOLY AND COMBINATIONS. Injunction against. 1917E, 383. Proof of acts or declarations of co-conspira- tors. 1917C, 65. Evidence in action for. 3915D, 229, 785. Correctness of instructions in prosecution for. 1916A, 1124. Tacit understanding to work to a common unlawful purpose. 1917C, 65. Signing and circulating of true statement which would be libelous if untrue. 1917C, 65. Between creditor and attorney to evade debtor's exemption. 1915A, 1186. To deprive negroes of right to vote. 1916A, 1124. To prevent the due administration of the laws. 1916C, 991. Wife's right of action for conspiracy to in- duce husband to commit offense. 1915C, 483. To injnre the business of another. in general. Liability for conspiracy of persons petition- ing for revocation of license. 1916D, 391. boycott. By labor union. 1917C, 1053; 1917E, 383, 389. Of laborers; strikes. Boycott by, see supra. Annotations. Liability of labor union for procuring one's discharge or preventing em- ployment. 1917C, 1056. Right of lal:or union to notify person not to deal with certain individuals. 1917E, 391. Injunction against. 1917E, 383. To compel discharge of employee. 785, 789; 1917C, 1053. 1915D, Picketing premises. 1917E, 383, 389. Strikes. 1916C, 218, 986. Combination of workmen to secure increase of wages through spokesman who is official of labor union. 1916C, 218. CONSTABLE. Annotation. Effect of insertion provisions in 1917P, 995. of unauthorized constable's bond. Duty to constable given permission to enter train to arrest a person, to give him time to permit him to make the arrest and alight. 1917D, 980. Liability of, on his bond for assaulting and arresting an innocent person, 1917 F, 1134. Liability of owner of amusement park for assault by po'ice constable. 1916E, 356. CONSTITUTION. Of benefit society, see BENEVOLENT SOCIE- TIES. Of insurance company, see INSURANCE, In generr.!, see CONSTITUTIONAL LAW. CONSTITUTION AL CONVENTION. Who may maintain action to determine constitutionality of act providing for. 1915D, 485. Who may maintain suit to determine re- sult of election on question of. 1915D, 485. Consulting debates of constitutional con- vention in construing constitutional provision. 1916C, 1023. CONSTITUTIONAL LAW. In general; adoption. Amendments. Construction. in general. application of Federal Constitu- tion. self -executing provisions. Ez post facto laws. Retrospective laws. in general. curative acts. Vested rights. Delegation of powers. in general. to judiciary. to local authorities r.ncl boards and commissioners. of judicial power. CONSTITUTIONAL* LAW. 87 Separation of powers. in general. encroachment on judicial pow- er. Local self-government. Equal protection and privileges; abridging immunities p. ml privi- leges. Dve process of law or law of the land; guaranty of right to life, liberty, and property. Police power. Freedom of speech, press and worship. Natural rights; implied guaranties. Impairing obligation of contracts. as to subject-matter. as to remedies. Guaranty of republican form of gov- ernment. Bights on various particular subjects. generally. aliens. amusements. animals. assignment. automobiles. banks. Blue Sky Laws. bonds. brokers. building regulations. bulk sales. carriers. charities. commission government. corporations. coupons, trading stamps, etc. criminal matters. crops. dentists. destruction of property. disorderly houses. divorce and separation. drugs and druggists. elections. , eminent domain. employers and employees. employment agencies. esthetics. explosions and explosives. farm loans. fisheries. flag. food. foreign corporations. fruit. game and game law; fisheries. garage. garbage. gasolene. health. highways. husband and wife. income tax. infants. innkeepers; lodging houses, etc. insurance. intoxicating liquors. jitney buses. licenses. marriage. master and servant. Bights on various particular sub- jects cont'd. milk. mortgages. mothers' pensions. moving pictures. municipal corporations. negroes. nonresidents. nuisances. officers and elections. pardons. penalties. public improvements. railroads. rates. remedies and procedure. rural credits. schools. segregation of races. taxes and assessments. telephone. trading stamps. trees, crops, etc. undertakers. vehicles. vice and crime. vital statistics. water supply. weights and measures. workmen's compensation* Jurisdiction of United States Supreme Court over constitutional questions, see APPEAL AND ERROR. Eight to bear arms, see CARRYING WEAPONS. As to civil rights, see CIVIL RIGHTS. As to regulations of interstate commerce, see COMMERCE. Protection and rights of accused generally, see CRIMINAL. LAW. Former jeopardy, see CRIMINAL LAW. Cruel and unusual punishment, see CRIMI- NAL LAW. As to voters and elections generally, see ELECTIONS. As to taking property for public use, see EMINENT DOMAIN. As to imprisonment for debt, see IMPRISON- MENT FOR DEBT. Constitutional prohibition against state en- gaging in internal improvements, see INTERNAL IMPROVEMENTS. Constitutional provision forbidding slavery, see INVOLUNTARY SERVITUDE. Right to trial by jury, see JUBY. As to use of public funds, see PUBLIC MONEYS. As to search and seizure, see SEARCH AND SEIZUBE. Validity of statutes generally, see STATUTES. ' In general; adoption. Review of constitutionality of statute on habeas corpus. 1915F, 1093. Jurisdiction of state courts over constitu- tional questions. 1916B, 1143. Refusal of court to pass upon constitution- ality of statute not necessary to de- cision of case. 1915D, 1149. 88 CONSTITUTIONAL LAW. Necessity of specially pleading unconstitu- tionally of law. 191 7F, 802. Who may question constitutionality of stat- ute. 1915D, 458, 886; 1915F, 894; 1916A, 374; 1916D, 550; 1916F, 831; 1917B, 1, 191; 1917D, 15, 996; 1917E, 1163; 1917F, 514. Effect of adoption of Constitution on rights of city under lien. 191 , J, 365. Amendments. Effect of original wording of a constitution- al provision on its meaning after amendment thereof. 1917A, 1223. Declaring amendment to state Constitution invalid on theory that it is repugnant to preamble of Federal Constitution. 1917B, 7. Validity of amendment to state Constitution denying to legislature power to enact prohibitory liquor law. 1917B, 7. Submission of proposed amendment to vote. 1917B, 7. Construction. in general. Construction of constitutional provision as to right to bear arms, see CAKBYING WEAPONS. Consulting debates of constitutional conven- tion in construing constitutional pro- vision. 1916C, 1023. Interpreting constitutional provision in the light of the common law. 1915F, 1093. Effect of original wording of a constitu- tional provision on its meaning after amendment thereof. 1917A, 1223. Effect of contemporaneous interpretation given by legislature to constitutional provision. 1917B, 710. Construction of constitutional provision adopted from other state. 1917A, 1244. Creating by implication reserve power in state to amend corporate charter. 1917A, 1223. Meaning of word "assessments" in prohi- bition of local or special laws regulat- ing assessments. 1917E, 456. Effect of provision permitting marriage of white person and one having some ad- mixture of negro blood on right to ex- clude from schools children of mixed blood. 1915A, 828. application of Federal Constitution. Effect of 5th Amendment to Federal Con- stitution on powers of a state. 1915C, 716; 1916D, 412; 1917D, 586. Application in state courts of requirement of Federal Constitution that verdict of jury must be unanimous. 1917A, 86. Provision as to right to bear arms. 1917C, 60. Provision that Congress shall make no law abridging freedom of speech. 1917C, 610. Application of Fourteenth Amendment to covenant in private deed forbidding sale of the property to a negro. 1916B, 1201. self-executing provisions. As to exemption from taxation of property used for school, religious, or charitable purposes. 1917B, 710. Ex post facto laws. Statute prohibiting keeping of liquor in public place, and restricting amount which may be kept in any place. 1917D, 926. Order of railroad commission fixing maxi- mum rates as ex post facto law. 1916E, 358. Retrospective laws. in general. As to when statutes are retrospective, see STATUTES. Retroactive effect of Federal income tax law. 1917D, 414. Statute prohibiting keeping of liquor in public place, and restricting amount which may be kept in any place. 1917D, 926. curative acts. Power of legislature to remove a defect upon which a judgment proceeded; making curative act apply to pending proceed- ing. 1917D, 666. Vested rights. To practise law. 1915D, 1218. In office. 1917A, 1244. In decedent's estate. 1917E, 909. Of beneficiary in insurance policy. 1915D, 130. [n remedies. 1916B, 1209. Subjecting power of sale of mortgage to pro- visions of existing statute extinguish- ing mortgage lien by lapse of time. 1916B, 1209. Delegation of powers. in general. Relation of courts to other departments of government, see COUBTS. By Congress generally. 1916C, 291. Webb-Kenyon Act as attempt by Congress to delegate to state its power over inter- state commerce. 1916C, 278. Vesting state tax commission with power of bonding assessors of incomes and fix- ing their salaries. 1915B, 269. Delegation of right to determine when and to what extent police power shall be exercised. 1917D, 1040. By conferring upon secretary of treasury ad- ministrative powers to enforc* Federal income tax. 1917D, 414. To state superintendent of banking. 1917F, 514. To private person. 1915B, 420. Delegation of power to appoint assessors of incomes and to fix their salaries. 1915B, 569. to judiciary. Relation of courts to other departments of government, see COUBTS. CONSTITUTIONAL LAW. 89 Annotation. Delegation to judiciary of investigation of election frauds. 1917D, 1O46. Statute authorizing a judge to investigate election frauds. 1917D, 1040. Delegation to county court of duty to carry out provisions of Mothers' Pension Act. 1917C, 897. to local authorities and boards and commissioners. Authority of city to delegate its power, see MUNICIPAL CORPORATIONS. Annotation. Invalid delegation of power ~by Work- men's Compensation Act. 1917D, 55. To municipality. 1915E, 93, 264; 1916D, 913. To county board. 1915B, 151. To Industrial Commission. 1917C, 944. To the American Medical Association. 1917C, 996. Conferring upon board of commissioners power to parole prisoners. 1915F, 531. of judicial power. For encroachment on judicial power, see infra. Permitting commission to find the facts or fix the compensation under Workmen's Compensation Act. 1917D, 10, 15. Separation of powers. in general. Judicial power to decide as to legislative acts, see COURTS. Making county court instrumentality to carry out provisions of Mothers' Pen- sion Act. 1917C, 897. Statute authorizing judge to order judicial inquiry into election. 1917D, 1040. Statute excluding Greek letter fraternities from state schools. 1915D, 588. encroachment on judicial power. Delegation of judicial power, see supra. Annotation. Statute requiring county or municipal- ity to pay a claim against it as an invasion of powers of judiciary. 1917E, S27. Attempt by legislature to direct county to levy tax for reimbursement of sureties on a collector's bond, who are alleged to have paid shortage for which col- lector was not responsible. 1917E, 824. Conferring judicial power on board of equalization. 19]5B, 875. Conferring judicial power on fruit inspector. 19] 5F, 894. Authorizing board of commissioners to parole prisoners. 1915F, 531. Local self-government. Power of legislature to change form of government of municipality and de- termine number and character of its officers. 1917A, 1244. Statute providing for commission form of government for municipalities. 1917A, 1244. Equal protection and privileges; abridging immunities and privi- leges. Equal protection and privileges as to par- ticular matters, see infra. As to icivil rights, see CIVIL RIGHTS. Uniformity and equality as to license, see LICENSE. Special and local legislation, see STATUTES. As to equality and uniformity of taxation, see TAXES. Right of corporation to protection of con- stitutional guaranty of equal privileges and immunities. 1917D, 15. Effect of equal protection of the laws clause on police regulation. 1915E, 953. Discretion in police regulations. 1917D, 310. Excluding negroes from right to burial in cemetery. 1917B, 946. Due process of law or law of the land; guaranty of right to life, liberty, and property. Due process in particular matters, see infra. Definition of due process of law. 1915E, 817. Validity of statute declaring that right to enter into labor contracts shall no longer be a property right. 1915F, 831. Limitations on right to restrict use of prop- erty. 1917F, 1050. Effect of guaranty of liberty of contract to limit power of Congress to legislate as to contracts in restraint of inter- state or foreign commerce. 1917A, 1276. Police power. Police power as to particular matters, see infra. Delegation of right to determine when and to what extent police power shall be exercised. 1917D, 1040. Effect of placing statutory provision which is not a legitimate police regulation in same act with a police regulation. 1915C, 960. Right to impose reasonable restrictions on use of property by owner in interest of public welfare. 1917F, 1050. Power of legislature to interfere in arbi- trary manner with conduct of business or occupation by a police regulation. 1917C, 135. Discretion in police regulations. 1917D, 310. Freedom of speech, press and worship. Applicability to state legislation of pro- vision of Federal Constitution as to freedom of speech. 1917C, 610. 90 CONSTITUTIONAL LAW. Effect of guaranty of free speech on right to injunction against publication. 1917E, 383. Eight of free speech as subject to preserva- tion of governmental authority.' 1917D, 192. Rights of publishers of newspapers. 1917D, 192. Eight to discuss judicial proceedings; de- famation and groundless charges of partisanship. 1917D, 192. Effect of right to freedom of speech on power to enjoin publication. 1917A, 160. Right of free speech as defense to libel. 1917D, 192. Effect of right of free speech on right to defame character of historical person. 1917C, 610. Requiring employer to give reasons for dis- charge of employee as invasion of right of free speech. 1917B, 1108. Attempt of municipal corporation to de- termine who may engage in charitable work, as invasion of guaranty of re- ligious liberty. 1916D, 905. Requiring physician's certificate as to health as condition of admission to school, as invasion of religious liberty. 1915A, 632. Holding graduating exercises in church, and permitting clergyman to deliver invoca- tion. 1916D, 399. Reading of Bible or repeating of Lord's Prayer in schools. 1915D, 941. Natural rights; implied guaranties. Attempt of municipality to determine who may engage in charitable work, as in- vasion of right to pursue happiness. 1916D, 905. Impairing obligation of contracts. as to subject-matter. Annotation. By Workmen's Compensation Acts. 1917D, 56. Judgment as a contract within provision against impairing obligation of. 1915B, 797. State public building bonds as a contract which may not be impaired under guise of taxation. 1917B, 294. Contract of enlistment in state militia. 1915E, 235. Inhibition against impairing contracts as a limitation upon the taxing power. 1917B, 294. Inheritance tax as impairment of obligation of contract. 1916A, 901; 1916C, 551. Exemptions from taxation. 1917B, 294. Exemption of proceeds of life insurance. 1017E, 1137. Imposition of additional license fee upon merchants using coupons, profit shar- ing certificates, etc. 1917A, 421. Impairment of contract rights of lessee of oyster bed. 1915E, 443. Legislation rendering contract for railroad pass invalid. 1916E, 622. Requiring purchaser on foreclosure to notify person having right to redeem before taking his deed. 1915C, 414. Prohibiting foreign corporation from con- tinuing business within the state. 1915A, 892. Increasing liability of stockholders. 1915B, 811; 1917A, 1223. Transfer tax upon interest of joint tenant first dying. 1917E, 1143. Regulation as to mileage and penny scrip books issued by carrier. 1915E, 902. Regulation of rates. 1915C, 261, 282, 287; 1915F, 732, 744; 1916E, 358; 1917C, 98, 574. Requiring consumers of water to bear ex- pense of meters. 1915A, 320. as to remedies. Changing remedy against stockholders of corporation. 1915B, 797. Statute as to recording notice of redemption from mortgage. 191 5D, 349. Subordinating lien of chattel mortgage on animals to claim of one taking them damage feasant. 1916E, 524. Lengthening time of residence necessary to maintenance of divorce- suit. 1916A, 696. Guaranty of republican form of gov- ernment. Establishment of workmen's compensation commission as violation of. 1917D, 10. Rights on various particular subjects. generally. Effect of granting tax exemption to manu- facturers of certain articles on right to forbid manufacture of such articles. 1916F, 177. Forbidding merchants to keep stores open after 6 o'clock p. M. 1916A, 651. Limiting right of rendering within city limits. 1915F, 1196. Forbidding use of second-hand material in making mattresses, quilts, or bed- comforters, 1916C, 775. aliens. Requiring that eighty per cent of employees shall be qualified electors or native born citizens. 1916D, 545. Forbidding employment of aliens on public work. 1916D, 550. Excluding aliens from privilege of securing license as auctioneer. 1915B, 151. Effect of repeal of provision as to right of alien to inherit. 1915E, 327. amusements. Annotation. Games or amusements ivhich are prop- er subjects for exercise of police power. 1917E, 3 IS. Forbidding operation of moving picture show within certain distance of church. 1916D, 95. CONSTITUTIONAL LAW. 91 animals. Forbidding keeping under herd of calves under certain age unaccompanied by their mothers. 1915B, 213; 1917A, 1385. Subordinating lien of chattel mortgage on animals to claim of one taking them damage feasant. 1916E, 524. Due process in regulations as to sale of anti-hog-cholera serum. 1916F, 136. Forbidding sale or exchange of animal un- fit for labor. 1916A, 950. assignment. Forbidding assignment of future wages. 1915B, 191. automobiles. As to jitneys, see infra. Ann ofation. Constitutionality of statute giving lien on automobile for injury done by it. 1917E, 928. Regulation and construction of garage. 1915D, 607. banks. Authorizing bank superintendent to take possession of assets of bank whenever he deems it necessary. 1915E, 675. Limiting time for action by bank to recover property seized by bank superintendent. 1915E, 675. Statute increasing liability of stockholders. 1917A, 1223. Blue Sky Laws. Annotation. Constitutionality of Blue Sky Laivs. 1917F, 524:. Constitutionality of. 1917F, 514. bonds. Annotation. Constitutionality of Blue Sky Laws. 1917F, 524=. Empowering mayor and aldermen to de- termine when and how often question of issuing municipal bonds shall be voted upon. 1915A, 1009. brokers. Annotation. Constitutionality of Blue Sky Laivs. 1917F, 524:. Constitutionality of Blue Sky Laws. 1917F, 514 building regulations. Annotation. Validity of public restriction as to location of mercantile business. 1917F, 1O6O. Limiting buildings to be erected in speci- fied localities to separate and unat- tached dwellings not less than specified distance apart. 1917A, 1216. Prohibiting erection of store building upon land within residential district. 1917F, 1050. Requiring fireproof stairways and fire es- capes in hotels, boarding houses, tene- ments, etc. 1917C, 1146. Regulating construction of garage. 1915D, 607. Permit for building. 1915D, 595. Establishing fire limits. 1915D, 595. Establishing building line. 1915C, 981. bnlk sales. Constitutionality of statute regulating. 1915E, 917; 1916B, 970; 1916C, 1023; 1917D, 619; 1917E, 549. carriers. Regulations of relations of, to employees, see infra, Employers and Employees. As to regulation of carriers generally, see CARRIERS. State regulation of interstate Carriers, see COMMERCE. Annotations. Constitutionality of statute imposing penalty or added liability for fail- ure of railroad or carrier to pay claim. 1917B, 926. Constitutionality of statute fixing min- imum rate of speed at ichicli car- rier may transport special kinds of freight. 1917C, 142. Effect of fact that return as a u'Jiole is reasonable on right to require railroad to transport commodity for less than reason ible compensa- tion.. 1917F, 1158. Fixing minimum limit of speed for trans- portation of live stock. 1917C, 135. Making sworn statement of shipper as to amount of grain delivered conclusive. 1917E, 1011. Legislation rendering contract for pass in- valid. 191 6E, 622. Regulation of rates generally. 1915F, 732, 744; 1917F, 1148. Regulations as to mileage or penny script books. 1915E, 902. Requiring carrier to give special rates to militiamen. 1915C, 778. Requiring street railway companies to grant free transportation to police officers. 1917E, 1176. Requiring construction of spur tracks or sidings. 1915E, 682. 02 CONSTITUTIONAL LAW. Requiring carrier to make switch con- nections with private sidetrack. 1916F, 1281. Prohibiting letting down of unengaged upper berth in sleeping car when lower berth is occupied. 191 6 A, 1133. Requiring maintenance of union station. 1915D, 98. Requiring rebuilding of depot destroyed by fire upon a new location. 1915D, 91. charities. Right of municipality to determine who may engage in charitable work. 1916D, 905. commission government. Annotation. Constitutionality of commission form of government for municipalities. 19 17 A, 126O. Constitutionality of statute establishing. 1917A, 1244. corporations. As to banks, see supra. Annotation. Constitutionality of Blue Sky Law. 1917F, 524. Right of foreign corporation to invoke equal protection provision of Federal consti- tution. 1916F, 122. Judgment prohibiting foreign corporation from doing business in state as viola- tion of Fourteenth Amendment. 1915A, 892. Prohibiting continuance of business by foreign corporation, as impairment of contract rights. 1915A, 892. Imposing penalty on removal of action by foreign corporation to Federal court. 1916F, 122. Taking property of corporation without due process under reserved right to amend charter. 1916A, 1133. Statute increasing liability of stockholders. 1915B, 811; 1917A, 1223. coupons, trading stamps, etc. Providing that certain foods in package form shall be deemed "misbrauded" if any gift or premium is contained in the package. 1917A, 1116. Imposing license tax upon use of. 1915B, 241; 1917A, 421. criminal matters. See infra, Vice and Crime. crops. See infra, Trees, Crops, etc. dentists. Regulations as to right to practise within the state of persons licensed in other states. 1915D, 538. 1 destruction of property. Statute authorizing destruction without compensation of trees affected with disease. 1917C, 894. Requiring destruction of diseased fruit. 1915F, 894. Property used in violation of fish and game laws. 1916F, 910. Right to notice and hearing before destruc- tion. 1915F, 894. disorderly houses. Annotation. Validity of statutes or ordinances against bawdy houses. 1917B, 1OTI8. Statute limiting persons who may institute proceedings for suppression of. 1917B, 1075. Selling personal property of owner at auc- tion and paying him proceeds, after deduction of costs, and closing the building unless security for abatement of the nuisance is given. 1917B, 1075. divorce and separation. Lengthening time of residence necessary for maintenance of divorce suit. 1916A, 696. drugs and druggists. Making misbranded drugs contraband of interstate commerce. 1916D, 164. elections. See infra, Officers and Elections. eminent domain. Right to take property without compensa- tion in exercise of police power. 1915B, 486. employers and employees. As to employment agencies, see infra. Annotations. Constitutionality of Workmen's Com- penst '.'OH Statutes. 1917D, 51. Constitutionality of statutes restricting right of employer to discharge em- ployee. 1917B, 1122. Constitutionality of statutes requiring an employer to furnish a dis- charged employee u-ith a statement of the cause of his discharge. 1917B, 1115. Constitutionality of Workmen's Compensa- tion Act. 1916A, 374, 389, 403; 1916D, 412, 628, 1000; 1917D, 1, 10, 15, 71. Prohibiting employment of children under certain age. 1915A, 1196. Forbidding merchants to keep stores open after 6 P. M. 1916A, 651. Constitutionality of ten hour law. 1917C, 1162. Regulating hours of labor of stationary fire- men. 1916B, 1270. CONSTITUTIONAL LAW. 93 Fixing hours of labor for children. 1917C, 944. Regulating hours of labor for women. 1915F, 829; 1916C, 944. Power of Congress to fix permanent stand- ard working day for interstate railroad employees and make temporary wage regulation to avert strike. 1917E, 938. Minimum wage law. 1917C, 944. Prohibiting person to act as conductor with- out having previously served as freight conductor or fireman. 1915D, 677. Requiring that eighty per cent of employees shall be qualified electors or native born citizens. 1916D, 545. Forbidding employment of aliens on public work. 1916D, 550. Forbidding employer to refuse to employ one who has participated in a strike.' 1917B, 1108. Statute forbidding master to stipulate that employee shall not become or remain member of labor organization. 1915C, 960. .Punishing employer for simply proposing certain terms of employment. 1915C, 960. Statute declaring that in labor disputes right to enter into labor contracts shall not be deemed a property right. 1915F, 831. Forbidding issuance of injunction in case of threatening violation of labor contracts. 1916F, 831. Requiring coal miners to maintain wash houses for their employees. 1915B, 420. Requiring payment of employees within cer- tain time after termination of service 1915A, 884. Compelling employer to disclose to em- ployee communications made by or to him as to qualifications of discharged employee, or one seeking employment. 1917B, 1108. Requiring employer to give discharged em- ployee true statement of cause of dis- charge. 1917B, 1108. Forbidding discharge of employee upon in- formation furnished by any person without giving him a chance to be heard in the presence of tlie informer. 1917B, 1119. Statute as to liability of municipality for injury to employees. 1916C, 388. Forbidding assignment of future wages. 1915B, 391. employment agencies. Annotation. Constitutionality of statute forbidding taking of fee for securing employ- ment for another. 1917B, 128O. Forbidding ta'king of fee from workers for securing them employment. 1917B, 1276; 1917F, 1163. Licensing of. 1916E, 1146. esthetics. Annotation. Exercise of police power -for esthetic purposes. 19 17 A, 122O. explosions and explosives. Statute as to testing of gasolene as to gravity and branding thereof. 1916D, 193. farm loans. Exemption from payment of recording fee of farm loan mortgages. 1917A, 4^">. fisheries. See infra, Game and G.ime Laws; Fisheries. flag. Forbidding carrying of red flag in parade. 1915B, 706. food. Regulations as to weights and measures, see infra. Annotations. Constitutionality of regulations affect- ing ice-cream. 1917B, 2O7. Validity of regulations as to millc. 1917C, 24ii. Providing that certain food products sold in package form shall be deemed "mis- branded" if any gift or premium is con- tained in package. 1917A, 1116. Fixing standard for ice cream. 1917B, 198; 1917E, 781. Requiring milk dealers to pay for their pur- chases of milk twice a month. 1917A, 480. foreign corporations. See suprn, Corporations. fruit. See infra, Trees, Crops, etc. game and game law: fisheries. Impairment of contract rights of lessee of oyster bed. 1915E, 443. Making illegal possession of game which had been reduced to possession and domesti- cated at time of passage of act. 1916C, 338. garage. See supra, Building Regulations. garbage. Ordinance creating monopoly for collection of. 1915D, 209. Ordinance defining garbage and regulating its removal. 1917E, 1163. gasolene. See supra, Explosions and Explosives. health. Police power as to generally. 1915B, 1207. 94 CONSTITUTIONAL LAW. Taking private property without compensa- tion in exercise of police power for sup- pression of disease. 1915B, 486. Requiring physician's certificate as to health as condition of admission to school. 1915A, 632. highways. Delegation of power as to. 1915E, 264. Exclusion cf automobiles from certain streets. 191 5E, 264. Requiring removal of awning posts from sidewalks. 1916C, 561. Permitting one conducting business, in buildings on opposite sides of street to connect them by tunnel. 1915F, 937. husband and -wife. As to divorce, see supra. income tax. See infra, Taxes and Assessments. infants. As to employment of children, see supra, Employers and Employees. innkeepers; lodging houses, etc. Requiring of license of persons conducting business of. 1915B, 1097. insurance. Discrimination in statute as to appointment and licensing of insurance agents. 1916E, 708. State taxation of amounts due foreign insur- ance company by state policy holders for premiums. 1915C, 903. Exempting farmers' mutual insurance com- panies from statute regulating insur- ance rates. 1915C, 1189. Validity of valued policy law. 1915E, 618. intoxicating liquors. Constitutionality of Webb-Kenyon Act. 1917B, 1229. Power to prohibit the Keeping of in- toxicating liquor irrespective of any intention to sell it in violation of laic. 1917D, 038. Constitutionality of Webb-Kenyon Act. 1916C, 278, 291; 1917B, 1218. Property right in manufacture of. 1916F, 177. Prohibiting manufacture of all alcohol liquor except alcohol of 188 test. 1916^, 177. Forbidding manufacture of intoxicating liquors within the state while permit- ting their sale for certain purposes. 1916F, 177. Prohibiting manufacture, sale and keeping in public place of intoxicating liquor, and restricting amount that citizen may keep in his home. 191 7D, 926. Limiting amount of liquor which person may receive and possesc in dry terri- tory. 1916C, 278. Forbidding circulation of price lists or ad- vertisements. 1917C, 639. Forbidding shipments of liquor whether in- tended for personal use or otherwise. 1917B, 1218. Prohibiting keeping of liquor not intended for sale at places other than private residences. 1915D, 172. Forbidding keeping of intoxicating liquor in social clubs. 1915D, 530. jitney buses. Regulation of, as class legislation. 1915F, 850. Requiring thirty days experience in opera- tion of automobile on city streets as condition to issuance of license. 1915F, 850 Bond of operators of. 1916B, 1151; 1917F, 850. licenses. Delegation of power as to. 1915B, 151; 1916E, 1146. Licensing auctioneers. 1915B, 151. Licensing employment agencies. 1146. License for dealing in corporative or quasi corporate securities. 1917F, 514. License tax on use of coupons, profit shar- ing certificates, etc. 1917A, 421. Discrimination against nonresidents and aliens by license statute. 1915B, 151; 1917C, 528. marriage. As to divorce, see suTa. I master and servant. See supra, Employers and Employees. milk. See supra, Food. mortgages. Exemption of mortgages from taxation. 1916A, 495. Imposing registration tax on privilege of re- cording. 1916E, 602. Exemption of farm loan mortgage from payment of recording fee. 1917A, 495. Statute as to recording notice of redemption from mortgage. 1915D, 349. Requiring purchaser on foreclosure to notify person having right to redeem before taking his deed. 1915C, 414. mothers' pensions. Constitutionality of statute providing for. 1917C, 897. moving pictures. See supra, Amusements municipal corporations. Bonds of, see supra, Bonds. Commission frovernment. see supra. Relation to employees, se supra, Employers and Employees. Taxation by, see infra. CONSTITUTIONAL LAW. 95 Requiring written notice as to condition precedent to maintainance of suit against city for damages. 1915E, 749. negroes. Segregation of, see infra, Segregation of Races. nonresidents. Discrimination against, by license statute. 1915B, 151; 1917C, 528. Increasing assessment against nonresident taxpayer without notice. 1915B, 569. nuisances. Ordinance denning garbage and regulating its removal. 1917E, 1163. officers and elections. Annotations. Constitutionality of initiative and ref- erendum. 1917B, 15. Constitutionality of primary election laws. 1917 A, 259. Delegation to municipality of power as to officers. 1916D, 913. Constitutionality of primary election law. 1917B, 718, 723. Enjoining officer who has prepared index to public records at his own expense, from removing it at expiration of terms as an unconstitutional deprivation of property. 1917B, 1179. Increasing or reducing officers' compensation during term. 1915A, 295; 1915E, 858. pardons. See infra, Vice and Crime. penalties. Annotation. Statute imposing penalty for failure of railroad or carrier to pay claim. 1917B, 926. Excessiveness of penalty. 1916A, 1208; 3917A, 421. Revocation of license of foreign corporation as penalty for attempt to remove action to Federal court. 1916F, 122. pnblic improvements. See infra, Taxes and Assessments. railroads. As carriers, see supra, Carriers. Regulation of relations with employees, see supra, Employers and Employees. Annotation. Statute imposing penalty or added lia- bility for failure of railroad com- pany to pay claim. 1917B, 926. rates. Of carriers, see supra. Order of commission fixing, as ex post facto law. 1916E, 358. Regulation of, as impairing contract obli- gations. 1915C, 261, 282, 287; 1915F, 732, 744; 1916E, 358; 1917C, 98. Denial of equal protection to consumers by permitting public service corporations alone to apply to authorities for reduc- tion of rates. 1915C, 282. Requiring enlargement of plant of public service corporation so that rates al- lowed will not give a fair rate on in- vestment. 1916F, 756. Abrogation of consumer's contract for water rates. 1917C, 574. Regulation of telephone rates. 1915C, 287; 1917C, 98. Rates of electric lighting and power com- panies. 1916E, 358. Price charged for hire of vehicles. 1915F, 840. Exempting farmers' mutual insurance com- panies from statute regulating insur- ance rates. 1915C, 1189. remedies and procednre. Impairing obligations of contract as to, see supra. Annotations. Abrogation of defenses and rights of action by Workmen's Compensation Acts. 1917D, 57. Constructive or substituted service on resident in action in personam as due process of law. 1917C, 1143. Constitutionality of verdict by less than all the jurors. 1917 A, 91. Constitutionality of statute rvhich makes shipper's statement as to \veight conclusive. 1917E, 1O22. Constitutionality of statute giving lien on automobile for injury done by it. 1917E, 928. Penalties. 1916A, 1208; 1916F, 122; 1917A, 421. Statute allowing attorney's fee to success- ful plaintiff in certain cases. 1915E, 942. Limiting to citizens of county persons who may institute proceedings for suppres- sion of bawdy house. 1917B, 1075. Method of determining compensation under workmen's compensation act. 1916D, 412. Denial to employer of right to appeal from findings of industrial commission fixing minimum wage. 191 7C, 944. Forbidding issuance of injunction in case of threatened violation of labor contracts. 1916F, 831. Due process in revocation of parole. 1915F, 541. Giving accused right to change of venue without conferring same right upon state. 1915F, 920. Statute exempting proceeds of life insurance from liability for debt. 1917F, 1137. Seizure, sale, or destruction of property. 1915F, 894; 1916F, 901. As to lien. 1916E, 524. 96 CONSTITUTIONAL LAW. Requiring written notice as to condition to suit against city for damages. 1915E, 749. Abolishing common-law right of action. 1916A, 403; 1916D, 412. Limitation of actions. 1915E, 675. Notice and hearing, 1915B, 569, 1149; 1915F, 541, 548, 894; 1916B, 1193; 1916E, 1; 1916F, 910; 1917A, 1185; 1917C, 574; 1917D, 365, 926; 1917F, 458, 1159. Awarding new trial upon the question of damages only. 1915E, 239. Abolishing defenses. 1917D, 15. Establishing prima facie rule of evidence. 1915C, 716; 1916D, 412; 1917D, 15. Statute as to burden of proof. 1937D, 15. Rule as to conclusiveness of evidence. 1917E, 1011. Rejection of amendment to pleadings because of immateriality or delay. 1915F, 984. rural credits. See supra, Farm Loans. schools. Requiring physician's certificate as to health as condition of admission to school. 1915A, 632. Excluding Greek letter fraternities from. 1915D, 588. Holding graduating exercises of school in church and permitting clergyman to de- liver invocation. 1916D> 399. Reading of Bible in public schools. 1915D,. 941. segregation of races. Ordinance forbidding white and colored persons from residing in the same block. 1915D, 684. taxes and assessments. As to equality and uniformity of taxation, see TAXES. Annotations. Assessments for improvements by the front-foot rule. 1917D, 372. Constitutional limitation of the power to exempt property from taxation as affecting public obligations or property. 1917B, 308. Delegation of power to appoint assessors of incomes and to fix their salaries. 1915B, 569. Due process of law clause of Federal Con- stitution as limitation on taxing power of Congress. 1917D, 414. Opportunity to protest against assessment to board of equalization as satisfying requirement of the due process of law. 1916E, 1. Effect of granting tax exemption to manu- facturers of certain articles on right to forbid manufacture of such articles. 1916F, 177. Exemption of mortgages from taxation. 1917A, 495. Exemption from payment of recording tea of farm loan mortgages. 1917A, 495. State taxation of amounts due foreign in- surance company by state policy hold- ers for premiums. 1915C, 903. Irregularity in assessing general taxes. 1916E, 1. Increasing assessment against non-resident taxpayer without notice. 1915B, 569. Failure to provide for notice of levying of special assessments. 1917D, 365. Assessment of railroad right of way for local improvements. 1915A, 129. Assessment for local improvement by the "front foot rule." 1917D, 365. Statute authorizing city to levy tax for ex- tension of campus of state university. 1917E, 842. Registration tax on privilege of recording real estate mortgage. 1916E, 602. Inheritance or succession tax. 1916A, 901; 1916C, 551; 1917E, 909. Constitutionality of Federal income tax. 1915B, 569; 1917D, 414. telephone. Imposition of penalty because of enforce- ment in good faith of regulations not prohibited by statute. 1916A, 1208. Regulation of rates. 1915C, 287; 1917C, 98. trading stamps. See supra, Coupons, Trading Stamps, etc. trees, crops, etc. Conferring judicial power upon fruit in- spector. 1915F, 894. Authorizing destruction without compensa- tion of trees affected with disease. 1917C, 894. Requiring destruction of diseased fruit. 1915F, 894. undertakers. Imposing upon undertakers duty of com- piling certain statistics concerning per- sons who die. 1917D, 586. vehicles. See also supra, Automobiles; Jitney Buses. Regulating use of and prices charged for vehicles kept for hire. 1915F, 840. vice and crime. As to disorderly houses, see supra, Disorder- ly Houses. As to violation of liquor laws, see supra, Intoxicating Liquors. As to matters of practice and procedure, see supra, Remedies and Procedure. As to protection and rights of accused gen- erally, see CRIMINAL LAW. Annotations. Statute or ordinance malting it an of- fense to associate with disreputable persons. 1917F, 9O4. Statute making the receiving of certain kinds of property a criminal of- fense. 1917F, 709. CONSTITUTIONAL LAW CONSTRUCTION CONTRACTS. 97 What constitutes due process in homicide case. 1915D, 817. Providing punishment for any male person found associating with or in company with, any prostitute. 3917F, 903. Statute .making one who purchases or re- ceives iron, brass or other material be- longing to railroad company without written consent of the company, guilty of a misdemeanor. 1917F, 706. Making misbranded drugs contraband of interstate commerce. 1916D, 164. Act to prevent holding under herd, unaccom- panied by their mothers, calves under certain age, to prevent larceny. 1915B, 213; 1917A, 1185. Statute giving court discretion as to extent of punishment for robbery. 1915C, 557. Indeterminate sentence. 1915F, 531. Authorization of board of commissioners to parole prisoners. 193 5F, 531. Interference with pardoning power of gov- ernor. 1915F, 519, 531; 191 GA, 1285. vital statistics. Imposing upon undertakers duty of com- piling certain statistics concerning per- sons who die. 1917D, 58C,. water supply. Due process iu abrogation of consumer's contract for rates. 1917C, 574. Requiring consumers of water to bear ex- pense of meters. 1915A, 320. weights and measures. Annotation. Constitutionality of statute which makes sliipper's statement as to weight conclusive. 1917E, 1O22. Punishment for use of false weight, measure or balance. 1915D, 515. Making conclusive sworn statement of shipper as to amount of grain delivered. 1917E, 1011. Requiring lard to be sold in containers hold- ing certain quantity net weight. 1916E, 380. Requiring certain articles to be sold by avoirdupois weight or numerical count. 1916E, 377. Requiring net weight of print or package to be stated on label or disclosed by seller to buyer. 1915D, 515. workmen's compensation. Annotation. Constitntianaliti/ of Workmen's Com- pensation Statutes. 1917D, 51. Estoppel to deny constitutionality. 1916A, 374. Effect of Fifth Amendment to Federal Constitution on validity of state I compensation act. 1916D, 412. Statute as depriving employer of property without due process of law. 1916A, 403. L.R.A. Tri. Index 1915-17. 7. Compensation act as within police power. 1916A, 389. Act as a taking of private property for pub- lic use without compensation. 1916D, 412. Providing compensation for persons injured while in employment of county to ex- clusion of those injured while merely in- habitants of the county. 1916D, 628. Excluding from operation of act interstate railroad employees subject to laws of United States. 1916D, 412. Exclusion of farm laborers and domestic bervants from compulsory compensa- tion scheme. 1916D, 412; 1917D, 1, 15. Exclusion from benefits of act of casual em- ployees. 1916D, 412; 1917D, 15. Validity of method of determining compen- sation. 1916D, 412. Requirements of act as to security of pay- ment of compensation. 1917D, 1. Depriving employer who rejects act of cer- tain defenses. 1916D, 412; ]917D, 15. Validity of provision abolishing defense of assumption of risk. 1917D, 71. Provision that where employer and em- ployee rejected act, liability of em- ployer shall be the same as though employ 5e had not rejected it. 1917D, 15. Abolishing common-law right of action. 1916A, 403; 1016D, 514. Giving employee f.;ll compensation where existing malady is aggravated by in- jury. 1916D, 1000. Making void rejection by employee of the compensation act, at suggestion of em- ployer. 1917D, 15. Forbidding contracts to relieve employer of liability imposed by act, or requir- ing employees to pay for the insurance. 1917D, 15. Making presumptively fraudulent any agreement as to a claim wuthin a specified number of days after injury. 1917D, 15. CONSTRUCTION. Of constitution, see CONSTITUTIONAL LAW. Of contracts, generally, see CONTRACTS. Of covenant or condition, see COVENANTS AND CONDITIONS. Of guaranty, see GUAEANTY. Of insurance contract, see INSUBANCE. Of oil or gas lease, see MINES. Of statutes, see STATUTES. Of will, see WILLS. Of Workmen's Compensation Act, see WORKMEN'S COMPENSATION. CONSTRUCTION CONTRACTS. See BUILDING AND CONSTRUCTION ' CON- TRACTS. I 98 CONSTRUCTIVE SERVICE CONTEMPT. CONSTRUCTIVE SERVICE. See WHIT AND PBOCESS. CONTAGIOUS AND INFECTIOUS DISEASES. Of animals, see ANIMALS. As to plant diseases, see PLANT DISEASES. Annotation. Validity of regulations to protect milk from. 1917C, 243. Requiring health certificate as condition of admission to, public school. 1915A, 632. Recovery under Workmen's Compensation Act for gonorrheal infection of eye. ]916C, 1139; 1917F, 1094. CONTEMPT. In general. What constitutes. in general. charge against judge; publica- tion as to pending case or ju- dicial decision. disobedience. Purging from, contempt. Procedure. Power as to. Judgment; punishment; defenses. In general. Liability of attorney for false imprisonment in requesting punishment for contempt of witness refusing to answer questions. 1917B, 360. Threat by court to punish counsel for con- tempt for making proper objections, as ground for reversal. 1917D, 199. Power of court to suspend sentence of con- vict for purpose of punishing him for contempt in another case. 1917B, 586. What constitutes. in general. Annotation. Release of, or interference with cus- tody of, prisoner as contempt of court. 1917D, 355. Criminal contempt. 1915D, 569; 1917E, G50. Distinction between civil and criminal con- tempt. 1917B, 113. Interference with custody of a prisoner. 1917D, 355. Bribing of juror. 1917C, 845. Assault on witness. 1915D. 569. . Assault by witness on juror. 1016D, 1190. Inciting institution of fictitious suit. 1915B, 689. charge against judge; publication as to pending case or judicial de- cision. Annotation. Publication reflecting upon defendant in a criminal case. 1917E, 713. Casting aspersion upon character of judge. 1916F, 132. Defamation and groundless charges of par- tisanship. 1917D, 192. Limitation of newspaper's right to publish. 1917D, 192. Liability of managing editor. 1917E, 703. Publication pending criminal trial of facts concerning past life of accused which are not admissible in evidence. 1917E, 703. disobedience. Power to punish, see infra. By witness. 1915D, 1061; 1917B, 586. Of order to pay alimony. 1917C, 89. Of injunction. 1917E, 650. Failing to produce papers in response to subpoena duces tecum. 1915B, 980. Purging from contempt. Annotation. Effect of denial under oath to purge one of criminal contempt. 1917E, 654. Purging by mere disavowal of intent, under oath. 1917E, 650. Procedure. Annotations. Affidavit or complaint in contempt pro- ceedings on information and belief. 1917C, 854. Applicability in proceeding to punisJi criminal contempt of rules of evi- dence in criminal cases. 1917B, 118. Right to jury in contempt proceeding. 19" 7E, 551. Submitting to jury question of punishment. 1915D, 569. Providence of jury in contempt proceeding. 1917E, 551. Right of defendant to make stater/ient not under oath. 1917E, 650. Necessity of objection or exception to save question for review in appellate court. 1917A, 89. Reversible error in argument of counsel. 1917C, 89. Verification of information. 1917C, 845. Sufficiency of allegations in information. 1917C, 845; 1917E, 551, 650. Affidavits. 1917B, 113: 1917E, 650. Necessitv of traverse of answer. 1917E, 650." Ripht to meet witnesses. 1917B, 113. Rules of evidence. 1917E, 650. Motion to quash return to rule to show cause. 1915D, 1061. Power as to. CONTEMPT CONTRACTORS. 99 CONTINGENT FUND. Annotations. Power of legislative "body to punish for contempt. 1917F, 288. Punishment of convict for failure or re- fusal to testify or other contempt. 1917B, 58S. Poicer to punish contempt committed out of state. 1917E, 553. Power of Congress to punish for. 1917F, 279. Inherent power of court to punish for. 1917D, 192. Habeas corpus to test jurisdiction to pun- ish for. 1917D, 355. Power of judge of county court while tak- ing deposition to punish for contempt. 1917B, 360. Power of judge of any branch court to punish for contempt committed against another branch. 191 5B, 689. Power to punish contempt committed out of state. 1917E, 551. Power to punish contempt in disobeying order, though party charged was not a party to the proceeding in which the order was entered. 1917E, 650. Judgment; punishment; defenses. Annotation. Inability to pay alimony as defense to contempt. 1917C, 97. Refusal of court to proceed to trial of divorce suit while husband fails t~ 'com- ply with order to pay temporary ali- mony. 1915E, 567. Power of jury to determine punishment. 1915D, 569; 1917E, 551. Including costs incurred during trial in fine for publication which causes a mistrial. 1917E, 703. Fine and imprisonment. 1915D, 569. Length of imprisonment; confinement in penitentiary. 1917C, 845. CONTEST. Of election, see ELECTIONS. Of wills, see WILLS. CONTINGENT FEES. Annotation. Powei* of public body to employ attor- ney on contingent fee. 191T/D, 263. Contract by attorney for. 1917B, 1123, 1140; 1917D, 258. Power to pay expense of committee out of contingent fund of legislature. 1915E, 496. CONTINGENT LIMITATION. Validity of, see PEEPETTJITIES. - 4 CONTINGENT REMAINDER. Creation of, by deed, see DEEDS. CONTINUANCE AND ADJOURN- MENT. Review of discretion as to, see APPEAL AND ERROR. Presumption and burden of proof as to con- tinuance, see EVIDENCE. Continuance of preliminary or interlocutory injunction. 1915B, 173; 1917E, 880. Application by remaining defendants for continuance on nonsuit for misjoinder as to defendants improperly joined, based on statute providing that where only part of defendants are served, plaintiff can demand trial at that term as to those served only upon discon- tinuing the action as to the others. 1915F, 992. CONTINUING GUARANTY. What constitutes. 1917D, 402. CONTINUITY. Annotation. Effect of brea.Tt.ing continuity of passage or shipment upon its interstate character. 1917D, CONTRACT LABOR LAW. Anti-alien labor law. 1916D, 550. CONTRACTORS. Bonds of, see BONDS. Contracts of, generally, see CONTRACTS Liability of, generally, for negligence, see MASTER AND SERVANT. Liability of employer for acts of, see MAS- TER AND SERVANT. \ 100 CONTRACTORS CONTRACTS. Annotations. Who may take advantage of failure to file assignment of a building con- tract or of the money due there- under. 1917F, 1127. Duty under employers' liability acts of principal contractor to servants of subcontractor as to condition of place or appliance. 1917D, 991. Application in favor of attaching creditor of contractor, or one having judgment against him for personal injuries, of provision in Mechanic's Lien Law, that no assignment by a building contractor of funds due under the contract shall be valid unless recorded. 1917F, 1123. Garnishment of county for amount due for materials furnished to contractor. 1917B, 1263. Right of contractor to remove pavement for which he has not been paid. 1915B, 173. Right of contractor who has relieved build- ing owner from contract to use patent- ed process because of threatened strike against building, to recover from those threatening strike. 1916C, 986. Collusiveness of judgment in action against administrator of contractor in subsequent action against contractor's surety. 1916A, 881. Liability of trade union for failure to noti- fy contractor of change in wage scale. 1915E, 1006. Liability of master for injury to servants, of. 1916D, 836. Liability for conversion by subcontractor. 1915F, 1009. Liability of contractor who has sublet the work, for injury to emptoyee of sub- contractor due to defective appliances. 1917D, 988. Liability of, to third persons for negligence, after acceptance of work. 1915E, 766. Liability for injury on defective highway. 1916A, 10(,o; 1917D, 234. Liability of municipality for' acts of, caus- ing injury on highway. 1917D, 234. Contract of, to indemnify city against li- ability for injuries caused by contract- or's negligence. 1915F, 598. Injunction to restrain suits against. 1915F, 1012. CONTRACTS. In general. Implied agreements. Consideration. Meet in a; of minds; definite ness. in general. mntnality. definiteness. offers and their acceptance withdrawal. Formal reqnisities; Statute of Frauds. in general; personal property. collateral contracts; d. bts of others. not to be performed within year. contracts as to realty. sufficiency of writing. effect of fraud or part perform- ance. Construction. in general. entirety. time. particular words, phrases and cases. Validity and effect generally. Illegal by express provision. Public policy. in general. contracts against liability. as to corporations and associa- tions. affecting official action. contracts of public officers or contracts in which they are interested. Gambling and wager contracts. In restraint of trade. Ratification; validating. Remedies; proceeds of unlawful con- tract. in general. contracts against public policy. Performance; breach. in general. excuse for failure of perform- ance. right of recovery on. part per- formance. sufficiency of performance. acceptance; waiver of objec- tions. condition. breach and its effect. Modification; termination; abandon- ment. Rescission; cancelation. in general. conditions: proiaptness; restor- ing benefits. grounds of. Actions; liabilities. in general. defenses. Public contracts. in general. advertisements and bids) let- ting. In general. Contract of accord and satisfaction, see AC- CORD AND SATISFACTION. As to bills and notes, see BILLS A?~O XOTES. Liability for interference with contract re- lations, see CASE. As to compromise and settlement, see COM- PROMISE AND SETTLEMENT. Conflict of laws as to, st-e CONFLICT OF LAWS. Restrictions on right of, see CONSTITU- TIONAL LAW. CONTRACTS. 101 Impairment of obligation of, see CONSTITU- TIONAL LAW. Of corporations, see CORPORATIONS. Of promoters of corporation, see CORPORA- TIONS. As to covenants, see COVENANTS AND CON- DITIONS. Measure of damages as to, see DAMAGES. As to deeds, see DEEDS. Estoppel by, see ESTOPPEL. Presumption and burden of proof as to, see EVIDENCE. Sufficiency of proof of, see EVIDENCE. Of infant, see INFANTS. Injunction to protect rights in, see INJUNC- TION. As to insurance contracts, see INSURANCE. What concluded by judgment in action on, see JUDGMENT. Limitation of actions as to, see LIMITATION OF ACTIONS. As to mortgage, see MORTGAGE. Of municipal corporations generally, see MUNICIPAL CORPORATIONS. Liability of seller or manufacturer for de- fects in things sold or manufactured, see NEGLIGENCE. Novation, see NOVATION. Pleading as to, see PLEADING. Reformation of, see REFORMATION OF IN- STRUMENTS. Of sale, see SALE. Of school district or board, see SCHOOLS. Specific performance of, see SPECIFIC PER- FORMANCE. Land contract, see VENDOR AND PUBCHASEE. Annotation. Right of trustee in bankruptcy with re- spect to executory contracts of bankrupt. 1917F, 657. Assignment of. 1916F, 88. Assignment of proceeds of contract due and to become due. 191 6D, 361. Enlistment in state militia as a contract. 1915E, 235. Negligence in signing contract without reading it. 1917F, 633. Power of officers of labor union to contract to furnish union labor to be individual- ly performed by members of union. 1917F, 755. Whether action is one on contract or in tort. 1916F, 501. Liability on instalment contract of partner who retires during term of contract. 1915B, 418. Trustee's liability on. 191 5F, 3072. Liability of agent on. 1916F, 1228. Liability of trustee in bankruptcy on ex- ecutory contracts of the bankrupt. 1917F, 654. Implied agreements. Implied covenants, generally, see COVE- NANTS AND CONDITIONS. Implied covenants in lease, see LANDLORD AND TENANT. Annotations. Right to recover for household services rendered while parties were living in illicit relations. 1917B, 6S3. Right of partnership to compensation for services rendered to the part- nership. 1917F, 575. Right of officer, director, or stockhold- er, in absence of special contract, to compensation for services to cor- poration. 1917F, 31O. Implication of contract from acts and con- duct. 1917F, 571. Action on ultra vires contract on theory of implied contract to place parties in statu quo. 1917A, 1021. Power of courts to make additions to terms of contract on theory of implication. 1917A, 171. Implied adoption by corporation of con- tracts of promoters. 1916E, 1165. To pay for services. 1916B, 1111; 1917F, 308, 571: 1917B, 681; 191 7D, 265. To pay extra compensation to household servant on increase in size of family. 1917D, 809. Of landlord to make repairs. 19] 7F, 997. Of agister to supply water to cattle. 1915E, 590. Of water company to furnish adequate sup- ply. 1917D/678. To return advance payments made by auto- mobile agent upon his failure to sell any cars.. 1915B, 109. Mere failure to return unopened package of goods delivered to one who had not ordered them as raising obligation to pay. 1916D, 792. Implied covenants. 1915B, 561; 1916F, 1294. Public contracts. 1917D, 206. Consideration. Failure of consideration as ground for re- scission, see infra. Consideration for agreement of accord and satisfaction, see ACCORD AND SATISFAC- TION. Consideration for note, see BILLS AND NOTES. Parol evidence as to, see EVIDENCE. Annotations. Sufficiency of general averment of want of consideration. 1917F, 581. Payment of part of a liquidated and undisputed debt as a consideration for the discharge of the whole. 1917A, 719. Consideration for note or other obliga- tion given to make good depletion of capital or assets of bank. 1917B, G8S. Consideration for note or obligation given by attorney or agent to cover Joss on transactions conducted by him for principal. 1917B, 696. Performance of existing contract obli- gation as consideration for new promise by a stranger to the con- tract 1917D, 11O4. 102 CONTRACTS. Failure of consideration for contract of agistment. 1915E, 590. Lack of consideration as ground for recovery of payments made. 1917E, 344. For issue of corporate bonds. 1916E, 563. For guaranty. 1917C, 437. For penal bond by husband binding him to resume marital relations and support wife and children. 1917D, 440. For oil and gas lease. 1917B, 1184. For option to purchase inserted in lease. 1915C, 367. For agreement by seller of business not to re-engage therein. 1917B, 267. For compromise and settlement. 1915B, 20. For automobile distribution contract. 1915B, 109. For agreement by promoter to purchase stock of subscriber. 1916A, 568. For release. 1916C, 384. Debt of husband as consideration for mort- gage of wife's property. 1917F, 337. Performance of existing obligation. 1917D, 1100. Pre-existing indebtedness as consideration for assignment of judgment as security therefor. 1917F, 1006. Past services rendered without expectation of pay. 1917C, 582. Moral obligation. 1917B, 694; 1917E, 1060. Love and affection. 1917C, 582. Forbearance to sue. 1917A, 1068. Promise by stranger to pay one under con- tract with its owner to ride a certain horse in a race a specified amount if he wins the race. 1917D, 1100. Meeting of minds; definite ness. in general. Meeting of minds of parties to agreement that smaller sum shall be accepted in discharge of larger amount. 1917A, 725. Mistake. 1916D, 792. mutuality. Annotations. Mutuality of contract giving real es- tate broker exclusive authority to sell, or promising him commission in case of sale by anyone else, but not in terms imposing any obliga- tion upon him. 1917E, 1O4O. Surrender clause in oil or gas lease as rendering it unilateral. 1917B, 12O6. Right to raise question of mutuality of con- tract where parties had acted under it during the entire period of its existence. 1915B, 109. Contract by bank to lend money. 1916F, 501. Agreement that broker shall have exclusive agency to find purchaser.. 1917E, 1036. definiteness. Indefiniteness as affecting specific perform- ance. 1916C, 1098; 1917A, 563, 1074. offers and their acceptance or with- drawal. Annotation. Devolution of interests of respective parties to option. 1917D, 719. Specific performance of provisions of con- tract preliminary to exercise of option. 1917C, 809. Specific performance of option contract. 1915C, 367. What constitutes an option. 191 5A, 317. Mere statement of price as an offer to sell. 191 5F, 824. Mining lease as an option terminable at pleasure. 1915B, 561. Agreement by promoter to purchase stock of subscriber as an option. 1916A, 568. Consideration for option to purchase in- serted in lease. 1915C, 367. Option for purchase of insured property, as breach of condition as to ownership. 1917A, 299. Agreement of vendor to resell land at ven- dee's option. 1917C, 761. Validity of fifty-year option for a thirty- year mining lease. 1917D, 900. Tender of purchase price. 1915D, 196. Time as essence of. 1915B, 181, ]036. Sufficiency of acceptance. 1916A, 1297; 1915D, 196. Right of one who has rejected original offer to accept it without renewal. 1915D, 145. Withdrawal of offer after acceptance. 1917D, 741. Modification before acceptance. 1917E, 1069. Defense to action to recover consideration for option. 1915A, 271. What constitutes breach of option and con- tract. 1915A, 271. Formal reqnisities; Statute of Frauds. in general; personal property. Parol evidence to vary written contract, see EVIDENCE. Contracts by municipal corporations, see MUNICIPAL CORPORATIONS. Specific performance of oral contract, see SPECIFIC PERFORMANCE. .involution*. May Statute of Frauds be raised for first time on appeal where under the pleadings it might have been raised belon: 1917B. 1071. Effect of the Statute of Frauds upon the right to modify, by subsequent parol agreement, a written contract required by the statute to be in tcriting. 1917B, 144. Effect of the Statute of Frauds upon the power of equity to reform a contract. 19 17 A, 571. Conflict of laws as to. 1917E, 777. Construction of Statute of Frauds. 777. 1917E, CONTRACTS. 103 Necessity and sufficiency of allegations as to. 1917B, 1061. Raising question of Statute of Frauds for first time on appeal. 1917B, 1061. Power to reform instrument to make it com- ply with Statute of Frauds. 1917A, 563. Parol modification of written contract. 1917B, 139, 141. Right to recover value of services rendered under contract void because not in writ- ing. 1916D, 892. Right to corporate dividend on transfer of stock, although contract to transfer was within Statute of Frauds. 1917F, 551. collateral contracts; debts of others. Promise to pay an existing note and mort- gage executed by another, made to pro- tect the interests of the promisor, who had become the owner of the mortgaged lands. 1917D, 872. Agreement to secure waivers from taxpayers of the statutory limit of street improve- ment assessments and promises to pay the full costs of the improvement. 1917F, 493. not to be performed within year. Contract to pay money in consideration of support for life. 191 5E, 562. Contract made in June to render services for a year from the following October. 1916D, 880. Contract to marry. 1915D, 1190. contracts as to realty. Specific performance of, see SPECIFIC PER- FORMANCE. Estoppel to set up Statute of Frauds. 1915A, 288. Necessity that abandonment of real prop- erty be in writing. 1915D, 176. Right of vendee in unenforceable parol con- tract to rescind it and recover back voluntary payments. 1916D, 462, 466. To convey or reconvey. 1915D, 150. Partnership agreement. 1915A, 521. Lease. 1915A, 288. sufficiency of writing. Annotations. Place of signature. 19 17 A, 153. Officer's return upon judicial sale as a memorandum satisfying the Stat- ute of Frauds. 1917E, 899. Several papers. 1915A, 1297. Telegram. 1915A, 1297. Description of land. 1916C, 1098; 1917A, 151, 563, 596. Signature. 1915C, 400; 1917A, 151. Memorandum. 1915C, 400; 19] 6C, 1098. Return by sheriff, indorsed on execution, of highest bid made, as sufficient to satisfy Statute of Frauds. 1917E, 897. effect of fraud or part performance. Part performance to take lease out of Stat- ute of Frauds. 1917B, 141. Sale of chattels. 191 6F, 389. Contract to render services. 1916D, 880. Contracts relating to real property. 1916D, 485, 1211. Construction. in general. Custom as guide in construction of, see CUSTOM AND USAGE. Parol evidence to determine party liable on simple contract. 3916F, 1228. Power of courts to make additions to terms of contract on theory of implication. 1917A, 171. Considering facts and surrounding circum- stances. 1916F, 236; 1917A, 740. Construing contract as creating implied condition rather than implied covenant. 1917A, 171. Construing contract so as to uphold it. 1917A, 1068 and 1917C, 964. Intention of parties. 1916F, 1228; 1917D, 1115. When contract by several persons creates a joint obligation. 1917D, 1115. Effect of addition of word "trustee," "agent," or "president" to signature to instrument on personal liability there- on. 1916F, 1228. entirety. Of insurance contract, see INSURANCE. Contract for services. 191 6F, 926. Contract for sale of several articles of per- sonalty for gross sum. 1915B, 536. time. Time as essence of, when not expressly so provided. 1916E, 932. Time as essence of contract in oil and gas lease. 1917B, 1184. Stipulation as to time for delivery of goods sold as condition precedent. 1916E, 932. particular words, phrases and cases. Insurance contracts, see INSURANCE. Lease generally, see LANDLORD AND TEN- ANT. Oil and gas lease, see MINES. Annotation*. Construction of contract having some provisions peculiar to consignment and agency contracts, and others to sale contracts. 1917B, 626. What constitutes a broken or defective part ivithin agreement in contract of sale to replace such parts. 1917D, 1126. Provision of contract for payment \vith- out deduction for taxes as applic- able to income tax. 1917F, 2O5. Effect of fact that proposal for contract on behalf of corporation is written upon stationery containing statement that all proposals are subject to approval of the executive office. 1916D, 1069. 104 CONTRACTS. Who must pay inheritance tax under terms of contract selling heirs' interest. 1917F, 821. Building contracts. 1915C, 170. Contract for towage service. 1915B, 1086. Covenant in contract of sale to replace parts which break because of defective mater- ial or workmanship. 1917D, 1125. Contract for transfer of real property. 1917A, 200. Construction of representation by vendor of farm that it is in good condition for cropping. 1917C, 270. Contract by which property is conveyed by mother to son in consideration of cer- tain payments to brothers and sisters and to the mother, and the furnishing to the mother of support and certain rooms in his dwelling house. 1917E, 655. Agreement not to enter competitive busi- ness. 1917B, 267. Construction of lease of premises for saloon. 1917E, 777. Agreement to renew contract for water sup- ply upon such terms as are mutually agreed upon. 1917D, 1074. Effect of instrument to create contract by water company to furnish water to rail- road company. 1917E, 680. Provision for free water for certain pur- poses in franchise of water company. 1916D, 431. Agreement by adopting parents as to prop- erty rights of adopted child. 1916D, 421. Validity and effect generally. Formal requisites, see supra. Champertous contracts, see CHAMPERTY AND MAINTENANCE. Contracts by corporation, see CORPORA- TIONS. Antenuptial contract, see HUSBAND AND WIFE. Of married women's contracts, see HUSBAND AND WIFE. Contracts between husband and wife, see HUSBAND AND WIFE. Contracts by infants, see INFANTS. Mortgage, see MORTGAGE. Sunday contracts, see SUNDAY. Contract with alien enemy, see WAR. Estoppel to set up illegality of contract. 1915B, 925. Effect of partial invalidity. 1915A, 904, 1208. Contract by intoxicated person. 1915B, 1121; 1915E, 465. Provision in contract with gas company that consumers are to pay to company money stolen from prepavment meters. 1915A, 1208. Contract of water company to give free service to municipality. 1917B, 908. Validity of lease for saloon. 1917K. 777. Validity of guaranty by brewing concern of lease entered into by saloonkeeper. 1917E. 777. Illegal by express provision. Contracts in violation of Anti-Trust Law, see MONOPOLY AND COMBINATIONS. Annotation. Right to contract out of Workint n'* Compensation Act. 1917D, 35. Effect of failure to comply with regulations as to right to do business iiiuh-r a-- sumed name to render contracts unen- forceable. 1915E, 747. Failure of money lender to comply with statute as invalidating loan. 1915B, 851. Contract by unlicensed person. 1915B. 851. Effect of statute to make unlawful grant by carrier of exclusive privilege to bag- gage company. 1917F, 1080. Statute making illegal agreement that em- ployee shall not become or remain mem- ber of labor organization. r.U.'.i Contracts of unauthorized foreign corpora- tion. 1915B, 665; 1917C, 1012. Pnblic policy. in general. As to contracts in restraint of trade, see infra. Champertous contracts, see CHAMPERTY AND MAINTENANCE. Contracts of corporate officers in their own interests, see CORPORATIONS. Annotations. Insurance on ban- fit/house or furniture therein. 1917B, 257. Sale of goods to Keeper or inmate of house of ill- fame. 1917B, 11GS. Validity or enforceability of bond to one spouse conditioned for main- tenance of fa mill/ relation or prop- er conduct of other spouse. 191 ~iD, 445. Validity of contract to influence, by apparently disinterested advice, thv conduct of a third person to n-Jnnn the promisor ou-es no contractual duty. 1917F, 468. Contract made to prevent attach- unon divorce decree as contrary to public policy. 1917F, 621. Definition of public policy. 1917D, 641. Provision in contract between citizens of different states that no action upon it shall be instituted in other than a speci- fied court of one of the states. 1016D, 691. Contract between merchant and corporation to stimulate trade by means of voting contest. 1917D, 482! Agreement to recompense one whose prop- erty has been stolen or embezzled. 1915E, 339. Stipulation against recovery of interest in oa>p of action to enforce contract. 1916A, 551. Provision in lease of town land that lessor will pay the taxes. 1915C, 698. CONTRACTS. 305 Agreement by property owner to waive statutory limitation of assessments for street improvements. 1917F, 493. Penal bond binding husband to resume mar- ital relations and provide for support of family. 1917D, 440. Affecting marriage relation. 1915D, 1064; 1917F, 618. Validity of fifty-year option for a thirty- year mining lease. 1917D, 900. With members of labor organization. 1915A, 1217. With employee. 1915C, 823; K15E, 1017; 1917D, 641. With attorney. 1916D, 459; 1917B, 1123, 1140; 1917D, 258; 1917F, 464. Stipulation for attorneys' fees. 19157?, 928. Insurance on furniture in disorderly house. 1917B, 253. Provisions in lease for saloon as to rights and liabilities of parties if conditions should arise preventing lessor from currying on such business. 1917E, 777. Validity of retention of title to goods sold bv wholesaler to retailer for resale. 1B17B, 651. Validity of attempted reservation in dedi- cating land for street. 1C17C, 225. Covenant against sale of property to negro. 1916B, 1201. Agreement by mortgagor to forfeit all in- terest in property on failure to pay debt within fixed time. 1915B, 492. Grant by carrier of exclusive privilege to baggage company. 1915B, 358; 1917F, 1080. Release by baseball club of services of ball player under contract with it to enter club. 1917F, 841. contracts against liability. Contracts limiting liability of carrier, see CARRIERS. Limitation of liability of telegraph com- pany, see TELEGRAMS. Waiver by employee of benefit of constitu- tional provision forbidding statutory limitation of recovery for personal in- juries. 1916A, 389. Release of claim for injuries. 1915E, 1170. as to corporations and associations. Annotation. Validity of individual contract of di- rector to pay dividends. 1917 A, 1O77. Contract for voting trust. 1917A, 1174. Agreement by corporate director to declare and pay certain dividend. 1917A, 1068. Contract by corporate director without knowledge of stock holders to repur- chase stock sold manager upon discon- tinuance of his employment. 1916D, 1114. Grant by water company of free use of water to railroad in consideration of right to lay pipe line along railroad right of way. 1917E, 680. Contract of water company to give free service to municipality. 1917B, 908. Contract as to location of railroad station. 191. J, 925; 1916F, 687. affecting official action. Agreement to pay commission for obtaining contract from municipality. 1915C, 823. Contract to use influence to procure removal of postoffice to certain location. 1916D, 722. Contract to aid in securing parole of prison- er. 1916D, 576. As to location of public building. 1916F, 873. cor tracts of public officers or con- tracts in which they are interest- ed. For contracts affecting official action, see supra. Annotations. Agreement to accept less than amount of appropriate i, salary, or fee. 1917B, 19O. Promise to accept less than compensa- tion fixed by law as affecting right to hold office. 1917B, 196. Agreement to pay more than legal salary or fees of public officer or employee. 1917C, 1O93. Provision against officer being interest- ed in contract with public as ex- tending to corporation of \vhich he is a stockholder or officer. 1917C, 1O99. Contracts of public officers as to compensa- tion. 1917C, 1084. Offer by candidate to take only part of hia salary if elected. 1917B, 191. Gambling and wager contracts. Purchase on margin; dealing in futures. 1916B, 1056. In restraint of trade. Combinations between several persons or corporations in restraint of trade or commerce, see MONOPOLY AND COMBINA- TIONS. Annotation. Validity of contract provision seeking to control price at \vhicli an article shall be resold. 1917 A, 1285. To refrain from business. 1916C, 620; 1917A, 376; 1917E, 880; 1917F, 251, 450. Creation of monopoly by contract as to trad- ing stamps. 19151), 520. Covenant in deed intended to secure mo- nopoly in certain business. 1915A, 679. Contract giving exclusive privilege to trans- fer companv, hacks, etc. 1915B, 358; 1917F, 1080". Ratification; validating. By corporation, see CORPORATIONS. 106 CONTRACTS. Ratification of agent's contracts, see PRIN- CIPAL AND AGENT. Of contract with city. 1917C, 1096; 1917D, 206. Of Sunday contract. 1917C, 582. By school board of invalid contract of em- ployment. 1915F, 1047. Void lease. 1915A, 288. Contract made while intoxicated. 1915B, 1121. Remedies; proceeds of unlawful con- tract. in general? Right to relief from ultra vires contract, see CORPORATIONS. Annotations. Accounting and contribution "between members of partnership which is illeyri or which has been engaged in illegal business. 1917 A, 4:4:6. Remedy of party as to rescission of Sunday contract. 1917D, 450. Right to recover in tort action where plain- tiff's wrongful acts must be shown to make out case. 1915C, 487. Contracts in violation of statute. 1915D, 987; 1916A, 779; 1916B, 1056; 1916E, 622. Enforcement of monopolistic contract. 1915C, 865. Enforcement of valid agreement incidental- ly connected with illegal contract. 1915C, 531. Right to maintain action for breach of con- tracts made under assumed name. 1915D, 981. Refusal of courts to rescind contract be- cause made on Sunday. 1917D, 445. Right to recover back premiums paid on void insurance policy. 191 7 A, 475. Right to recov.er price of liquors sold for resale, where resale will encourage house of ill fame. 1917B, 1166. Effect of fact that one purchasing goods un- der contract which illegally fixed retail prices, sold the goods at prices slightly varying from those fixed, to render the contract enforceable by the seller. 1917A, 1276. contracts against public policy. Refusal of remedy to attorney on contract with relatives of property owner, for legal services in inducing him to give a deed of trust providing for such rela- tives. 1917F, 464. Cancelation of lien on land given to secure payment of money under contract against public policy. 1916D, 722. Right of divorced person who remarries within prohibited time to recover prop- erty conveyed to induce the marriage. 1916C, 741. Refusal to set aside void marriage where parties are in pari delicto. 1916C, 741. Performance; breach. in general. Who must perform. 1916E, 932. Necessity of fulfilling condition precedent before requiring other party to con- tract to perform. 1916D, 728; 1916E, 932. excuse for failure of performance. Annotation. Excuse for failure of grantee to per- form agreement to support. 1917E, 658. Prohibited expense as excuse for incomplet- ed performance of contract to excavate gravel. 1916F, 1. Impossibility of performance; inevitable ac- cident. 1915C, 177: 1916F, 3; 1917A, 648; 1917C, 437, 761. Prevention or hindrance by other party. 1915C, 671; 1916D, 728; 1917A, 1068. right of recovery on part perform- ance. Part performance to satisfy Statute of Frauds, see supra. Annotation. Who must bear loss occasioned by de- struction of building in process of erection or repair. 1917D, 1O11. Objecting for first time on appeal to right to recover on quantum meruit. 1916E, 788. Part performance of threshing contract. 1916E, 788. Where building is destroved before comple- tion of contract. 1917D, 1006. For services of servant contracting to serve master until latter's death, who prede- ceases master. 1917D, 809. Forfeiture by party to boxing match of his right to compensation by disabling his opponent by a foul blow early in the contest, so that it cannot proceed. 1917B, 1238. Right of one furnishing materials to con- tractor for construction of courthouse to recover from county where contractor gives up contract before its completion. 1917B, 1269. sufficiency of performance. Burden of proof as to performance or tender of performance. 1917A, 1068. Sufficiency of performance of contract to establish whether diamond was stolen and who stole it to satisfaction of em- ployer. 1917A, 1146. Delivery of part of the property under con- tract for sale of several articles for a sum in gross. 1915B, 538. CONTRACTS. 107 acceptance; waiver of objections. Annotation. Use of building by owner as an accept- ance of work of construction or re- pair, and as a waiver of Known de- fects therein. 1917C, 324. Taking possession of building and payment of contract price as waiver of right vf action for faulty construction. 1917C, 322. condition. Furnishing by purchaser of bags for pota- toes as agreed, as condition precedent to performance of contract. 1916D, 728. breach and its effect. Breach of contract of agistment, see AGIST- MENT. Action for inducing breach of contract, see CASE. Breach of covenant, see COVENANTS AND CONDITIONS. Breach of conditions subsequent, see COVE- NANTS AND CONDITIONS. Measure of compensation for breach gener- ally, see DAMAGES. Choice of remedy for breach, see ELECTION OF REMEDIES. Relevancy of evidence as to breach, see EVIDENCE. Injunction against breach, see INJUNCTION. Annotations. Damages for anticipatory breach of contract as provable claim in bank- ruptcy. 1917B, 5S5. May action for alienation of affections rest upon a breach of contract. 1917B, 68O. Damages for mental anguish resulting from breach. 1917D, 440. Presumption and burden of proof in action for breach. 1917A, 1068. Sufficiency of proof of breach. 1015E, 581. Pleading in suit to enjoin breach. 1917B, 267. Anticipatory breach of executory contract. 1915E, 851. Breach of contract by physician to attend patient. 1916B, 622. What constitutes breach. 1915A, 271; 1915B, 1204; 1916F, 926; 1917B, 580; 1917C, 1053. Effect of breach. 1915C, 854; 1916B, 1201; 1917A, 1068; 1917F, 744. Modification; termination; abandon- ment. Effect of war to terminate contract, see WAR. Annotation. Death of promisee before that of prom- isor in agreement to make provi- sion by ^cill. 1917D, 812. Modification by parol. 1917B, 139, 141. Right of one party to abandon contract because of failure of performance by other party. 1917F, 744. Termination of antenuptial contract, by marriage. 1915E, 161. Termination by statute or ordinance. 19179, 929 ' 931 ' Termination by death of party. 1915C, 601 ; 1917D, 809. Termination of mining lease. 1915B, 561. Effect of extension of city limits to take in property to which water is furnished under contract to abrogate such con- tract. 1917D, 902. Abandonment of fifty-year option for a thirty-year mining lease by failure to explore and take a lease within thirty years after the contract was entered in- to. 1917D, 900. Right of water company to terminate con- tract to furnish water. 1917E, 680. Rescission; cancelation. in general. Disaffirmance of contract by infant, see IN- FANTS. Of insurance contract, see INSURANCE. Cancelation of oil and gas lease, see MINES. Rescission of settlement and release of cause of action for personal injury, see RE- LEASE. As between vendor and purchaser, see VEN- DOR AND PTTRCHASEB. Annotation. Remedy of party as to rescission of Sun- day contract. 1917D, 4=5O. Waiver of right to rescind. 1916F, 476. Laches in seeking cancelation. 1917F, 744. Effect of death on right to rescind deed. 1916B, 862. Filing bill to cancel contract for fraud as bar to action for damages for its breach. 191 7D, 652. Undisclosed principal as necessary party de- fendant to suit to rescind contract made with agent. 1917E, 988. Bringing of suit by principal against agent to recover proceeds of sale of her prop- erty by agent as bar to suit to cancel the* deed for agent's fraud. 1917D, 697. Effect of decree canceling for fraud deed to wife of vendee in contract for purchase of land to cancel also the contract of sale. 1917D, 228. Of deed given in consideration of support of grantor; where other relief would more fully protect rights of parties in in- terest. 1917D, 624. Cancelation of subscription to stock. 1917C, 890. Requiring purchaser of stock who has trans- ferred a portion thereof, to make up a deficiency out of other shares in same corporation owned by him, on cancela- tion of the contract. 1917E, 988. Right of one selling equipment to receiver acting without authority to repudiate contract for invalidity upon legal ap- pointment of receiver" 1916C, 516. 108 CONTRACTS CONTRIBUTION AND INDEMNITY. Right of purchaser of going business who rescinds contract for fraud to continue business during pendency of suit to recover what he parted with. 1916F, 476. conditions; promptness; restoring benefits. Laches in seeking cancelation. 1917F, 744. Disaffirmance as prerequisite to recovery of property conveyed by incompetent. 1915B, 678. Restoring benefits. 1915A, 675; 1916F, 476; 1917A, 671. grounds of. For duress, see DURESS. Belief of grantor in conveyance in con- sideration of agreement to support which is broken by grantee. 1917 D, 627. Mistake in computation by contractor as ground for relief. 1917D, 745. Imprisonment of one of the parties to a contract as ground for rescission. 1917 F, 628. Imprisonment of one party. 1917F, 626. Fraud. 1915A, 1221; 1915D, 257; 1916B, 862; 1916D, 377; 1917A, 482; 1917C, 617, 890; 1917E, 399, 988. Mistake. 1916B, 769 ; 1917A, 200, 741. Breach by other party. 1915C, 854; 1916B, 1201; 1917F, 744. Inadequacy or failure of consideration. 191 6D, 377; 1916E, 622; 1917C, 437; 1917D, 624. Actions; liabilities. in general. Remedies on illegal contract, see supra. Action on the case, see CASE. Measure of compensation on, see DAMAGES. Choice of remedy for breach, see ELECTION OF REMEDIES. Effect of pursuing one remedy, see ELECTION OF REMEDIES. Limitation of time for action, see LIMITA- TION OF ACTIONS. Right of action on, generally, see PASTIES. Pleading in action on, see PLEADING. Effect on right of action of provision for delav in performance of contract. 1917A, 1068. Right of alien enemy to maintain action. 1917C, 644. Estoppel by admissions in pleading. 1916D, 792. Instructions in actions on, generally. 1915B, 221; 1916F, 1036. defenses. As to defenses generally, see ACTION OB SUIT. In action on negotiable paper, see BILLS AND NOTES. Violation of Sunday law as, see SUNDAY. Annotation. Failure to read contract us affecting right to assert fraud in respect thereto. ' 1917F, 637. Public contracts. in general. Validity of contract to affect official action, see supra. As to municipal contracts generally, see MUNICIPAL CORPORATIONS. Contract by city for public wa*er supply, see WATERS. Annotation. Mandamus to compel public officer to execute a contract. 1917F, 538. Mandamus to compel execution of contract. 1917F, 535. Implied contract. 1917D, 206. Estoppel to set up invalidity of contract 1917A, 436. Who niay maintain action on public con- tract. 1915D, 917. Validity of agreement to gay commission for obtaining contract from munici- pality. 1915C, 823. Construction of contract regarding public franchise. 1915A, 246. advertisements and bids; letting. Annotation. Validity of contract for material pat- ented or held in monopoly where letting to the lowest bidder is re- quired. 19 17 A, 442. Necessity of estimates and specifications. 1915A, 198. Bid for paving contract; effect of secret ad- vantageous price to bidder from owner of patent. 1917A, 436. Letting to lowest bidder. 1915 A, 198; 1915F, 854; 1916B, 1027. Right of bidder to withdraw his bid and re- cover his deposit. 1915A, 22."). CONTRADICTORY STATEMENTS. Annotation. Conviction of perjury upon proof that accused made contradictory state- ments. 1917C, 58. Sufficiency of proof of, to convict one of per- jury. 1917C, 52. CONTRIBUTION AND INDEMNITY. Contribution between insurance companies, see INSURANCE. CONTRIBUTION AND INDEMNITY CONVICTS. 109 Annotations, Between members of partnersJiip which is illegal, or which has been en- gaged in illegal business. 19 17 A, 440. Right of surety to indemnity from prin- cipal or contribution from cosurety as affected by the fact that an ac- tion by the creditor against the principal or cosurety would be barred. 1917F, 1O74. When limitations begin to run against claim for. 1915B, 961. Determination of moot question in action for contribution. 1915B, 856. Lew of contribution by military commander. 1917A, 276. Validity of contract by married woman to idemnify one against liability as surety for a third person. 1915B, 1116. Requiring from operators of jitneys jontract for indemnity against injury to persons and property. 1915F, 840. Liability of administrator requesting bank to hold deposit against claimant, to re- imburse bank for interest which it is compelled to pay on legal establishment of the claim. 1915E, 797. Right of municipality to recover over against person primarily liable for in- jury on defective bridge. 1916F, 83. Right of purchaser of stock of goods to re- cover from seller as trustee in bank- ruptcy money expended in defense of suit brought against him by one claim- ing to be a creditor. 1916F, 548. Right of sellor to recover from manu- facturer amount which he is compelled to pay a purchaser for injury due to explosion of oil. 1915C, 336. Right of carrier induced by shipper to issue false bill of lading to indemnity from shipper from resulting liability to third person. 1916C, 429. Contribution between joint makers of note where one has paid the note. 1915A, 898. Contribution between partners. 1917A, 443. Between joint defendants. 1915B, 856. Between wrongdoers. 1915C, 336. Between sureties. 1915D, 481; 1917F, 1065. Between covenants. 1915B, 961; 1917C, 590. Right.of alien enemy to enforce covenant of indemnity. 1917C, 644. CONTRIBUTORY NEGLIGENCE. In general, see NEGLIGENCE. CONVENTIONS. Constitutional convention, see CONSTITU- TIONAL CONVENTION. Annotation. Expenses incurred ~by public officials or employees in attending conven- tions, etc., as a proper charge on public funds. 1917E, 332. CONVERSION. Equitable conversion, see EQUITABLE CON- VERSION. Action for, see TROVEB AND CONVERSION. Equitable conversion, see WILLS. f Fraudulent conversion as essential element of embezzlement. 1917B, 1261. Measure of damages for. 1915B, 291; 1917B, 787. . CONVEYANCES. See DEEDS. CONVICT LABOR. Contracting by state of convict l..bor as violation of constitutional provision against slavery. 1916D, C51. CONVICTS. Sentence and imprisonment of, iee CEIM- INAL LAW. Annotations. Crimes which disqualify one as a ^cit- ness. 1917F, 898. Conviction in another jurisdiction as affecting competency of witnesses. 1917A, JL138. Punishment of convict for failure or refusal to testify or other contempt. 1917B, 588. Release of, or interference rvith cus- tody of, as contempt of court. 1917D, 355. Contracting by state of convict labor as violation of constitutional provision against slavery. 1916D, 651. Injunction against circulation of photo- graphs of pardoned convict. 1916E, 739. Mandamus to compel destruction of photo- graphs of pardoned convict. 1916A, 739. Splitting of cause of action for personal in- jury to. 1916B, 712. Liability for costs, effect of pardon. 1917B, 567. Punishing convict for contempt in refusing to testify. 1917B, 586. 110 CONVICTS CORPORATIONS. Competency of, as witnesses. 1917A, 1133; 1917F, 8y6. Discrediting of witness by proof of convic- tion of crime. 1917C, 384. Interference with custody of, as contempt of court. 1917D, 355.* COOK. Right of one employed as cook during threshing of grain to lien as a "farm laborej." 1917D, 377. CO-OWNERS. See JOINT OWNERS. * COPIES. As evidence. 1915B, 1179. COPYRIGHT. Combination to restrict sale of copyrighted book. 1915A, 1099. CORONERS. Admissibility in evidence of coroner's certifi- cate of death. 1916C, 379. Evidence of statement of witness at cor- oner's inquest. 1917F, 167. Right of coroner selling property of deced- ent to allowance for funeral expenses in action by administrator. 1915D, 948. CORPORATIONS. In general; franchises. De facto corporation. Consolidation; reorganization; trans- fer of franchises. Charters; articles of incorporation. Rights and powers generally. Owning stock of other companies. Mode of corporate action; acts of agents. Contracts; nltra vires acts. in general. power to contract. effect of nltra vires; right to set up ultra vires as defense. ratification. Liabilities. Officers; meetings. in general; qualification. powers. compensation. fiduciary relation. liabilities. meetings. Promoters. Capital stock and stockholders gener- ally. Subscriptions to stock. Transfer of stock; lien. in general. lien. Rights of shareholders. in general. actions by. right to inspect books. dividends; earnings. Liability of shareholders. in general. effect of transfer. for unpaid stock. proceedings to enforce. Stockholders' meetings; voting. Dissolution; forfeiture; insolvency. in general. procedure; power of equity as to. insolvency; right and prefer- ences of creditors. Foreign corporations. in general. doing business within state. actions by or against. winding up; insolvency. In general; franchises. As to banks, see BANKS. Bonds of, see BONDS. Interstate business of, see COMMEECE. Estoppel as to corporate existence or po'.v- ers, see ESTOPPEL. Presumption and burden of proof as to, see EVIDENCE. Records and papers of, as eviiU-ncu, see EVIDENCE. Irrigation corporations, see IRRIGATION. Insurance companies, see INSURANCE. Limitation of actions by or against, see LIMITATION OF ACTIONS. Mandamus to, see MA.NUAMI >-. Allegations as to, see PLEALHNC. Taxation of generally, see TAXES. Exemption of, from taxation, see TAXES. Place where taxable, see TAXES. Income tax on, see TAXES. Turnpike companies, see TOLLS AND TOLL ROADS. Service of process on, see WRIT AND- PROCESS. Right of agent to transfer his powers to a corporation organized by him. 1916F, 88. Requiring license for dealing in corporate or quasi corporate securities. 1917F, 514.. CORPORATIONS. Ill Raising for first time on appeal objection that corporation had not paid license fee. 1916A, 588. Injunction against unfair use of corporate name. 1915B, 1074. Right of corporation to protection of con- stitutional guaranty of equal privileges and immunities. 1917D, 15. Statute depriving corporation of defense of usury. 1917E, 1110. Equitable jurisdiction over corporate mat- ters. 1917A, 971. Rate of taxation of franchise. 1917A, 48. Taxing incomes of individuals and corpora- tions at different rates. 1915B, 569. Mistake in description of corporation as ground for relief against judgment. 1916F, 724. Removal by corporation of its books and pa- pers from jurisdiction of court to av^id producing them, before grand jury. 1915B, 913. Usury in transaction by which majority stockholder gives a note for full amount of loan at highest rate of interest to obtain money for the corporation and the corporation, with his knowledge, gi\es an additional note for the lo~n. 1917F, 916. Parol evidence to show true relation of par- ties to corporate note. 1915E, 1047. Libel of corporation. 1916E, 667. De facto corporation. Estoppel to inquire into legal existence of. 1916C, 189. What constitutes a de facto corporation. 1916C, 189. Liability of stockholders in. 1916C, 189. Partnership liability of stockholders of for- eign corporation which has not com- plied with conditions as to doing busi- ness in state. 1917B, 572. Consolidation; reorganization; trans- fer of franchises. Annotation. tZigltt to transfer or mortgage privilege to use streets for telegraph, tele- phone, or other quasi public pur- pose. 1917D, 7O7. Right to transfer franchise. 191 7D, 704. Right of individual to raise question of violation of provision against con- solidation of railroads. 1915B, 547. Liability after consolidation. 1916D, 1138. Charters; articles of incorporation. Municipal charter, see MUNICIPAL CORPORA- TIONS. Annotation. May a license for a bank "be refused upon general considerations of pub- lic policy. 19171), 316. Revocation of license of foreign corporation because of removal of action against it. 1915F, 1187. Notice to bank of by-law of corporate de- positor. 1915B, 715. By-laws ; function of. 1915E, 774. By-laws; compliance with statutory require- ments as to. 1915E, 774. Who are stockholders entitled to adopt by- laws. 1915E, 774. Amendment. 1915B, 811; 1916A, 1133; 1917A, 1223. Rights and powers generally. Powers of club, see CLUBS. Right of private individuals to question right of corporation to administer a trust. 1917D, 1062. Statute empowering private citizens to con- test authority of corporation to do par- ticular act. 1917B, 310. Implied powers. 1917B, 814, 1158. Power' to loan money. 1917B, 814. Owning stock of other companies. Sale of assets of corporation for stock of another taken for distribution among stockholders of former to effect its dis- solution. 1917A, 1174. Power of foreign corporation to hold stock in a domestic one. 1915D, 1128. Right of national bank to hold stock in an- other corporation. 1916A, 568. Mode of corporate action; acts of agents. Mutual understanding of directors that cor- porate property shall stand in names of certain of their number. 1915D, 1128. Contracts; nltra vires acts. in general. Effect of fact that proposal for contract on behalf of corporation is written upon stationery containing statement that all proposals are subject to approval of the executive office. 1916D, 1069. Option in lease to purchase; specific per- formance. 1915C, 367. power to contract. Power of chamber of commerce to grant sub- sidies. 1916B, 1006. Sale of assets of corporation for stock of another. 1917A, 1174. Right of minority to object to sale of cor- porate assets to be paid for in stock of other corporation. 1917A, 1174. Right of corporation chartered to deal in goods, wares and merchandise to un- dertake commercial insurance contracts. 1917D, 485. Power to lend money. 191 7B, 814. Contract with employees to pay them half wages during disability. 1917B, 115S. Speculative contract between realty com- pany and individual for laying out of town sites at points where stations will be located. 1915B, 925. Repurchase of its own stock.' 1916D, 1114; 1916F, 281. Insuring life of officer. 1915F, 979. 112 CORPORATIONS. effect of ultra vires; right to set up ultra vires as defense. .lltlllitlltillHX. Estoppel against raising the defense of ultra vires in actions brought by private corporation. 1917B, 821. How far a private corporation is es- toppel from raising the defense of ultra vires in an action brought against it. 19 17 A, 749. Remedies which the parties to an ultra vires contract are entitled to pur- sue apart from an action on the contract itself. 1917 A, 1O26. Action on ultra vires contract on theory of implied contract to place parties in statu quo. 1917A, 1021. Who may question validity of assignment by corporation. 1916D, 395. Right of corporation to set up ultra vires. 1917A, 737, 740. Right of other party to contract to set up ultra vires. 1917B, 814; 1917 C, 809; 191 7D, 485. ratification. Time for ratification. 1915D, 632. What acts may be ratified. 1915D, 1128. What constitutes ratification. 1915D, 1128. Extent of ratification. 1915D, 1128. Liabilities. Illegal combinations in restraint of trade, commerce or competition, see MONOPOLY AND COMBINATIONS. Liability for torts. 1915F, 1247; 1916C, 1208; 1916D, 101; 1916E, 771; 1917D, 559; 1917E, 516. Criminal liability. 1915B, 329; 1915D, 515. Officers; meetings. in general; qualifications. As to officers of bank, see BANKS. Bonds for fidelity of officers and agents, see BONDS. Testimony by officer in bankruptcy proceed- ings against corporation as within pro- vision of bankruptcy act against use in criminal proceedings of testimony given by bankrupt. 1917B, 608. Jurisdiction to annul election of directors. 191A, 542. Insurance by corporation on life of officer. 1915F, 979. Imputing officer's or agent's knowledge to corporation. 1915B, 1091; 1916C, 767, 1101; 1916F, 822; 1917A, 519; 1917E, 516; 1917F, 453. Imputing to directors knowledge of financial condition and transactions of corpora- tion. 1917D, 402. Charging director with knowledge of facts concerning commercial paper which he undertakes to sell. 1915D, 1099. Director as bona fide purchaser of note from corporation. 1915D, 1099. Liability of majority stockholder for act of manager. 1915A, 654. Mandamus to compel corporation to permit director to inspect books. 19151). 288. Contract by director to declare dividend. 19] 7A, 1068. Liability of corporation for slander by. 1917D, 559. Embezzlement by officer. 1917B, 608. Notice to bank of intended misappropriation of funds by officer drawing check on corporate deposit. 1915B, 715. powers. Power to deal in their own interests, see in- fra. Of bank officers, see BANKS. Of insurance agents, see INSURANCE. Sufficiency of pleading as to lack of au- thority. 1915B, 720. Question for jury as to. 1915B, 1179. Duty of party dealing with agent of corpo- ration to ascertain agent's authority. 1917F, 958. . Bank as agent of corporate depositor to pass on validity of checks drawn by officer. 1915B, 715. Contract by corporate director without knowledge of stock holders to re- purchase stock sold manager upon dis- continuance of his employment. 1916D, 1114. Bona fide purchaser of note from officer. 1917C, 485. Lack of consideration for note executed by officer. 1917C, 485. compensation. Annotation. Right of officer in absence of special contract to compensation for serv- ices to corporation. 1917F, 31O. Right to compensation in absence of ex- press contract or provision. 1917F, 308. Accounting for salary illegally received. 1915D, 632. fiduciary relation. Dealings between corporations with same officers. 1916A, 779. Officers as trustees for stockholders. 1917E, 784, 878; 1917F, 817. Duty of directors who closed business to ac- count for good will. 1915D, 632. Requiring corporate agent to account for secret profits made in transaction be- yond corporate powers. 1316A, 640. Fraud of director in making false state- ments as to corporate affairs to co- director. 191GB, -697. Moral obligations of directors to see that creditors are paid. 1917D, 402. Validity of contract by director based on consideration personal to himself. 1917A, 1068. Contracts restricting officer in free exercise of his judgment or placing him under inducements to disregard his duties. 1917A, 1068. CORPORATIONS. 113 Officer dealing individually with corpora- tion. 1917A, 1174. Officer purchasing stock from shareholder. 1916B, 706; 1916E, 878; 1917E, 988; 1917r, 81' liabilities. Action by corporate stockholders against, see infra. Liability of officers of bank, see BANKS. Annotation. Limitation of actions against directors of corporation for malfeasance or nonfeasance. 19 17 A, 98O. Raising objection for first time on appeal in action against directors. 1915D, 632. Relief under pleadings in action against directors. 1915D, 632. Evidence on question of liability. 1915D, 632. Action for money had and received against officer of corporation. 1916D, 1039. Liability for failure to file certificate of payment of the capital stock as re- quired by statute. 1915D, 1028. Liability of directors to stockholders for transferring contracts and assets of corporation to another. 3916E, 878. Requiring directors to account for money paid out with their consent while they were directors under resolutions adopt- ed before they became such. 1915D, 632. Liability to corporation for losses sustained by concealment of misappropriation of funds of another corporation by an agent, for the benefit of a third corpo- ration. 1915F, 617. Imputing to directors knowledge of finan- cial condition and transactions of cor- poration. 1917D, 402. Liability on contracts. " 1916F, 1228. Right of officer who signs continuing guar- anty for corporation to notice of ac- ceptance by guarantee. 1917D, 402. On promissory notes. 1915A, 590; 1915E, 1047; 19i6B, 672; 1917C, 485. For excess of indebtedness. 1915D, 1028; 1916C, 189. For torts. 1915C, 874. meetings. Making demand for special meeting through agent or attorney. 1915E, 774. Mandamus to compel calling of special meeting of directors. 1915E, 774. Promoters. Liability by corporation on contracts made by promoters. 191 6E, 1165. Agreement by promoter to purchase stock of subscriber as an option. 1916A, 568. Consideration for agreement by promoter to purchase stock of subscriber. 191 OA, 568. Liability for dividends of promoter agreeing to purchase preferred stock of sub- scriber. 1916A, 568. L.R.A. Tri. Index 1915-17. 8. Rescission by corporation of contract for purchase of land because of secret inter- est of promoter. 1916C. 996. Right of pledgee to hold collateral security for note of corporate promoter for en- forcement of contract previously made by promoter. 1916A, 568. Capital stock and stockholders gen- erally. Who are stockholders entitled to adopt by- laws. 1915E, 774. Fixing valuation of capital stock for pur- pose of taxation. 1915C, 380. Situs of shares of stock for purpose of ad- ministration of decedent's estate. 1915D, 856. Special deposit of stocks. 1915B, 542. Effect of death to abate action to recover for loss caused by purchase of worth- less stock induced by fraud. 1917D, 832. Subscriptions to stock. Parol evidence to vary terms of subscrip- tion. 1915A, 390. Taxing as income gains derived by stock- holder from sale of right to subscribe for new issue of stock. 1917F, 806. Cancelation or release. 1915D, 792; 1916B, 1114; 1917C, 890. Transfer of stock; lien. in general. Effect of transfer on liability of stock- holder, see infra. Annotations. Constitutionality of "blue sky laws. 1917F, 524:. Succession or inheritance tax on inter- est of pledgor or pledgee. 1917F, 27S. Liability to pay transfer or inheritance tax in respect of stock in a domestic corporation belonging to estate of nonresident. 1917F, 27O. Right to dividends on transfer of stock. 1917B, 326. Right to dividend declared "between malting of contract for sale of stock, and delivery of stock. 1917F, 553. Taxing income from purchase and sale of corporate stock at different rate from income derived from dividends on such stock. 1917F, 806. Transfer tax on interest of nonresident de- ceased pledgeor of stock of domestic corporation. 1917F, 273. Succession tax on stock of domestic corpo- ration owned by nonresident. 1916A, 889, 901. Sufficiency of transfer to satisfy statute of frauds. 1916F, 389. Specific performance of contract of sale. 1915D, 300. Limitation of time for suit for wrongful transfer. 1917E, 266. 114 CORPORATIONS. Transfer at instance of executor of stock standing in name of testator to persons having mere defeasible estate, who transfer it absolutely to strangers. 1917E, 266. Requiring purchaser of stock who has trans- ferred a portion thereof, to make good the deficiency on cancelation of the con- tract of sale. 1917E, 988. Purchase of stock by officer from stockhold- er. 1916A, 568; 1916B, 706; 1916E, 878; 1917E, 988; 1917F, 817. Right to dividends on transfer of stock. 1917B, 323; 1917F, 551. Agreement of seller to pay purchaser ac- cumulated dividends. 1916A, 568. Transfer on books. 1915C, 471; 1915D, 282, 733; 1916A, 542; 1917A, 54. lien. Annotation. Lien of corporation upon stock as af- fected by bar of limitations against action on debt of stockholder. 1917F, 11OO. Right to enforce lien for claim which could not be enforced at law because barred by limitations. 1917F, 1300. Lien for claim for damages for breach of contract by another corpora yion of which stockholder in the corporation asserting the lien was president and which was instigated by him for his own profit. 1917F, 1100. Rights of shareholders. in general. Rights of transferees, see supra. Rights of, at stockholders meetings, see in- fra. Annotation. Right of stockholder in absence of special contract to compensation for services to corporation. 1917F, 31O. Taxing as income gains derived by stock- holder from sale of right to subscribe for new issue of stock. 1917F, 806. Right of stockholder to recover for services as assistant secretary on theory of im- plied contract. 1917F, 308. Minority stockholders. 1915A, 606; 1915D, 632; 1917A, 1174. Fiduciary relation. 1917A, 1174. actions by. Annotations. May stockholder maintain action in the right of the corporation to recover penalty imposed by the Sherman Act. 1917E, 1OO6. Right of stockholder to sue for appoint- ment of receiver on account of transactions occurring prior to his acquisition of stock. 1917F, 7O4. Raising objection for first time on appeal in action by stockholders. 1915D, 632. Parties defendant in suit by stockholder. 1915D, 1128. Effort to procure action by corporation. 1915D, 1128. Persons acquiring stock after acts com- plained of. 1915D, 1128; 1917F, 700. Appointment of receiver on application of minority stockholders. 1915A, 606. Action by minority stockholders to compel directors to account. 1915D, 632. Action to recover declared dividend. 191 7B, 323. Action to compel corporation to take Into its own name stock which it owns but is carrying in the name of individuals. 1915D, 1128. Action on behalf of corporation to recover statutory penalty for injury caused by conspiracy to create monopoly. 1917E, 1004. Against other corporation or its officers. 1915D, 632. right to inspect books. Mandamus to enforce. 1915D, 288; 191 GF, 1033. Right to inspect books through agent or at- torney. 1915D, 288. Effect of motive of stockholder desiring to inspect books. 1915D, 285. dividends; earnings. Relative rights of life tenants and re- mainderman, see LIFE TENANTS. Annotations. Income tax on dividends declared tftcr but paid from earnings accrnt d before act went into effect. 1917 F, 814:. Power of corporation to rescind decla- ration of dividend. 1917B, 736. Right to dividends on transfer of stock. 1917B, 326. Right to dividend declared between making of contract for sale of stock and delivery of stock. 1917F, 553. Validity of individual contract of di- rector to pay dividends. 1917 A, 1O77. Liability of stockholders who received dividends paid out of capital. 1917C, 397. Taxing as income stock and cash dividends declared and paid after income tax law goes into effect out of profits earned be- fore that time. 1917F, 806. Taxing income from purchase and sale of corporate stock at different rate from income derived from dividends on such stock. 1917F, 806. Lien of corporation on dividends of stock- holder. 1917F, 1100. Question whether profits constitute an ac- cretion to capital or earnings which may be distributed as dividends. 1915D, 1052. Presumption of payment of, from lapse of time. 1916B, 734. CORPORATIONS. 115 Bar by limitations of suit to recover 191 6B, 734. Guardian's right to commission on divi- dends earned before minors inherited the stock. 1917C, 188. Rescission of declaration of dividend. 1917B, 728. Action by stockholders to recover dividend declared. 1917B, 323. Validity of agreement by director as to dividends. 1917A, 1068. Excuse for nonperformance of contract by director to declare dividend. 1917A, 1003. Damages for breach of contract by director to declare dividend. 1917A, 1068. Right to dividends on transfer of stock. 1917B, 323; 1917F, 551. Effect of failure of corporation to declare dividends on agreement of one selling stock to pay purchaser accumulated dividends. 1916A, 568. What are "net earnings" which will permit payment of dividend. 1917A, 1068. Recovery by trustee in bankruptcy of cor- poration of dividends paid to stock holders out of capital. 1917C, 390, 393. Joinder of parties defendant in action to recover dividends paid shareholders from capital. 1917C, 393. Venue of action to recover dividends paid out of capital. 1917C, 393. On preferred stock. 1915D, 1052. Liability of shareholders. in general. Of foreign corporations, see infra. Of stockholder in bank, see BANKS. Annotation, Accrual of right of action to put Stat- ute of Limitations into operation as to stockholders' liability for cor- porate debts. lOltE, 397. In de facto corporation. 1916C. 189. Estoppel of corporation to assert 1916C, 189. Raising question as to, for first time on ap- peal. 1916F, 1067. Recovery of interest on statutory double lia- bility of stockholder. 1917E, 393. Constitutionality of statute increasing lia- bility. 1915B, 811 : 1917A, 1223. Liability of trustee or agent. 1917E, 395. Liability of stockholder selling to corpora- tion so much of his stock for retire- ment as to render corporation insolvent. 1916F, 281. Liability of majority stockholder for wrong- ful act of manager. 1915A, 654. Liability of estate of deceased stockholder upon stock owned by him. 1915B, 797. Liability of heirs of deceased stockholder on judgment against company. 1915B, 797. On paid-up stock. 1915B, 811. effect of transfer. Liability of transferrer. 1915B, 168. for unpaid stock. Defense that corporation was not at the time of the trial, actually engaged in the business for which it was organized. 1915A, 390. Defense that corporation began business be- fore amount' of capital required > by statute had been paid in. 1915A, 472. Defense that stock certificates for whicii note for stock was given had not been tendered or delivered. 1915A, 464. Fraudulent agreement between promoter and subscriber to corporate stock as de- fense to . liability on subscription. 1915A, 390. Agreement by subscribers between them- selves that they should be held for only a portion of their subscriptions. 1915A, 472. Effect of subsequent bankruptcy of corpo- ration on note given for stock. 1915A, 464. proceedings to enforce. Conditions precedent. 1915B, 797. Limitation of time to enforce. 1917E, 393. Changing method of enforcing, as impair- ment of contract obligations. 1915B, 797. Venue of action to enforce. 193 6D, 1129. By receiver. 1915B, 797; 1916D, 1129. Stockholders' meetings; voting. Trust or pooling agreement. 1917A, 1174. Determination of whether necessary two thirds of stock has assented to proposed change. 1915B, 811. Dissolution; forfeiture; insolvency. in general. Of insurance company, see INSUBANCE. Accounting by directors \vho closed busi- ness 1915D, 632. Relative rights of life tenants and re- mainderman to distributive share of assets received on dissolution of corpo- ration. 1916A, 718. Liability of municipality for costs and at- torney's fees in suit by state to forfeit charter of private corporation. 1915D, 927. Effect of bankruptcy to work dissolution of corporation. 1916C, 189. Appointment of receiver for solvent corpo- . ration. 1917E, 784. Sale of assets of corporation for stock of another taken for distribution among stockholders of former to effect its dis- solution. 1917A, ]174. Effort of majority to discontinue business for purpose of turning it over to an- other corporation and excluding minor- ity from participation therein. 1915D, 632. Right of majority stockholders to dissolve corporation against protest of minor- ity. 1917A, 1174. Action by minority stockholders to compel directors to account frr money paid officer for winding up the business. 1915D, 632. 116 CORPORATIONS. Right of minority to insist on auction sale of assets. 1917A, 1174. Pooling stock to effect dissolution. 1917A, 1174. Agreement to forbear to bring action for dissolution as consideration for agree- ment by director to declare dividend. ' 1917A, 1068. procedure; power of equity as to. Power of equity a's to. 1915A, 606. insolvency; right and preferences of creditors. Insolvency of foreign corporation, see infra. Insolvency of bank, see BANKS. Appointment of receiver for insolvent cor- porations, generally, see RECEIVERS. Annotation. Appointment of receiver for dissolved corporation, 1917D, 1O35. Effect of appointment of receiver to revive right of action. 1916F, 709. Effect of subsequent bankruptcy of corpora- * tion on note given for stock. 1915A, 464. Liability of stockholder selling to corpora- tion so much of his stock for retirement as to render corporation insolvent. 1916F, 281. Recovery by trustee in bankruptcy of cor- poration of dividends paid to stock- holders out of capital. 1917C, 390, 393. Effect of appointment of receiver for insol- vent corporation to stop running of in- terest on company's mortgage bonds in favor of unsecured creditors. 1917D, 1152. Foreign corporations. in general. Foreign insurance company, see INSURANCE. Service of process upon, see WRIT AND PROCESS. Annotations. Partnership liability of stocTtliolders of a foreign corporation in a state in u-Jticti it is doing business. 1917B, 574. Lease of its property as .affecting lia- bility of foreign corporation to franchise tax. 1917D, 1073. Status of foreign corporation as affect- ed by the fact that its entire busi- ness is done outside the state of its creation. 1917E, 893. Taxation of. 1916C, 572; 1917D, 1070. Attachment against, as nonresident. 1915D, 115. Power of foreign corporation to hold stock in a domestic one. 10] 5D, 1128. Liability of members. 1917B, 572. doing business within state. Annotations. Lease of its property as affecting lia- bility to tax on privilege of doing business within the state. 1917D, 1073. Effect of agreement by foreign corpora- tion to install article within the state to bring it ivithin statute regulating foreign corporations. 1917C, 1O14. Purchase of supplies by foreign mining or manufacturing corporation as doing business within state. 1917E, 1157. Effect of state license to continue plant to prevent it from being abated as a nui- sance. 1915A, 615. Prohibiting doing of business in state as interference with interstate commerce. 1915A, 892. Judgment prohibiting business within state because of violation of statutes as violation of Fourteenth Amendment. 19 ISA, 892. Prohibiting continuance of business, as im- pairment of contract rights. 1915A, 892. What is. 1916C, 572; 1916E, 241; 1916F, 329; 1917A, 282; 1917C, 1012; 1917E, 1152. Right to do business; conditions as to. 1915A, 892; 1915E, 708; 1915F, 1187; 1916A, 640; 1916F, 122. Validity of contracts of unauthorized com- pany. 1915B, 665; 1917C, 1012. Revocation of license. 1915F, 1187; 1916F, 122. actions by or against. Jurisdiction of action, see COURTS. Service of process on, see WRIT AND PRO- CESS. Right of foreign corporation to invoke stat- ute of limitations. 1915C, 544. Garnishment of foreign corporation. 1915F, 880. Striking part of answer in suit by. 1915F, 1187. Revocation of license of foreign corporation because of removal of action against it. 1915F, 1187; 1916F, 122. Special appearance by foreign corporation. 1915D, 838. Right of foreign corporation to sue. 1915B, 665; 191 6F, 329; 1917E, 892. Right of agent of foreign corporation to de- feat action to compel him to account for secret profits, on theory that corpo- ration may not maintain action in state courts. 3916A, 640. "Relief from default judgment against corpo- ration. 1917E, 1152. winding up; insolvency. Annotations. Power to appoint receiver for foreign corporation for which no domi- ciliary receiver has been appointed. 1917D, 295. CORPORATIONS COTEX AX CY. 117 Appointment of receiver for dissolved foreign corporation. 1917D, 1O35. Appointment of receiver to wind up busi- ness. 1917D, 291. Jurisdiction to appoint receiver for assets of foreign corporation which has been dissolved. 1917D, 1032. CORPSE. Carrier's duty toward, see CARRIERS. Burial of, see CEMETERIES. Who may maintain action for mutilation of cor ise of child. 1915B, 519. CORPUS DELICTI. Annotation. Proof of corpus delicti in embezzlement. 19 17 A, 1289. Question for jury as to proof of. 1917 A, 1287. Sufficiency of proof of. 1916B, 745, 844; 1917A, 1287. In larceny. 1916B, 844. In rape. 1916B, 745. In arson. 1916D, 1295. CORROBORATION. Of witness, generally, see WITNESSES. Of accomplice. 1915D, 682; 1915E, 1222; 1916F, 1251. CORRUPT PRACTICES ACT. See ELECTIONS. < o COSTS AND FEES. In general. Right to recover; liability for. Amount; security for. In general. On appeal, see APPEAL AND ERROR. Fees of district attorney, see DISTRICT AND PROSECUTING ATTORNEYS. In divorce suit, see DIVORCE AND SEPARA- TION. Amendment of statute as to, by reference to title of prior act. 1917B, 176. Effect of failure to tax fees of prosecuting attorney as costs against accused. 1917B, 'l~6. Right of purchaser of stock of goods to re- cover from seller or his trustee in bank- ruptcy money expended in defense of suit brought against him by one claim- ing to be a creditor. 191 6F, 548. Right to recover; liability for. Annotation. Effect of insertion of unauthorized pro- . visions in cost bond. 1917B, 1OOS. Recovery for, against one insuring employer against liability for injuries to em- ployees. 1915A, 629; 1916E, 597. Appellate review of discretionary order as to security for. 1917D, 365. Effect of pardon to release convict from liability for costs. 1917B, 567. Liability of municipality for, in suit insti- tuted by state. 1915D, 927. Right of party entitled to full recovery, to judgment for costs. 1916C, 429. In action to quiet title. 1916B, 1209. Amount; security for. Of evidence. 1915B, 1052. Attorneys' fees as element of. 1915B, 134; 1016A, 519, 784; 1916B, 1252. Necessity of giving bond for costs. 1916F, 1033. COTENANCY. In general. Creation and existence Rights and remedies as to each other. Transfers of interests. In general. Tenancy by entirety, see HUSBAND AND WIFE. Succession tax on property held in joint tenancy. 1916C, 679; '1917E, 1143. Creation and existence. Annotation. Effect of deposit of funds "belonging to the depositor in a 6an7c account in the name of himself and another to create joint tenancy. 1917C, 671. Effect of will to create joint estate in fee. 1917B, 45. Effect of conveyance of remainder to a woman and her children to create a life estate in common. 1917B, 74. Joint tenancy in proceeds of insurance pol- icy. 1917B, 1210. Joint tenancy in bank account. 1916C, 679. 118 COTENANCY COUNTIES. Rights and remedies as to each other. Right of one cotenant who pays mortgage to personal judgment against other co- tenant who has sold his land in ignor- ance of discharge of the mortgage and has received no benefit therefrom. 1917C, 590. Estoppel of cotenant to deny authority of other cotenant to obligate him to pay mortgage. 1916D, 149. Payment of taxes. 1915B, 961. Contribution. 1915B, 961; 1917C, 590. Transfers of interests. Annotation. Provision in insurance policy against alienation or a change in interest, title, or possession as applying to interest of cotenant. 1917 A, 32. Provision in insurance policy against change in title or interest as affected by sale of interest of one cotenant. 1917A, 29. COUNCIL. Legislative functions of, see MUNICIPAL CORPORATIONS. COUNSEL. See ATTORNEYS. COUNTERCLAIM. See SET-OFF AND COUNTERCLAIM. COUNTERFEITING. Of label and trademarks, see TRADEMARKS. COUNTIES. in general. Rights and liabilities generally. Warrants; indebtedness. Power to tax; county purposes. Contracts; power of officers. In general. Mandamus to officers, see MANDAMUS. Liability of officer, see OFFICERS. Paying expense of drainage ditch assessed against county by special assessments against , property owners as a taking. 1915D, 249. Right of women to vote for county officers. 1915B, 247. Conversion by bank lending draft to county treasurer to cover shortage in receiving it back for cancelation. 1916C, 544. Effect on suit to compel county officer to perform statutory duties, of repeal, pending suit of statute imposing duties. 1915A, 639. Collection of tax to compensate county em- ployee for injuries received in course of employment. 1916D, 628. Rights and liabilities generally. Annotations. Power to employ attorney. 1917D, 241. Riglit of county entitled to services of official attorney to employ other attorney in civil -matters. 1917D, 251. Power to employ attorney on contin- gent fee. 1917D, 263. Statute requiring county to pay a claim against it as an invasion of powers of judiciary. 1917E, 827. Special legislation as to county affairs. 1917E, 456. Sufficiency of title of Workmen's Compensa- tion .Act to permit counties to be in- cluded in operation thereof. 1916D, 628. Right of legislature to divert proceeds of county bonds issued for particular pur- pose. 1915D, 274. Running of limitations against. 191 6E, 02. Garnishment of. 1916E, 1153; 1917B, 1269. Determining right of county to return of money paid state's attorney as salary in interpleader by county clerk to de- termine right to money in his hands claimed by state's attorney as fees. 1917B, 176. Recovery against, for materials furnished contractor for construction of court- house. 1917B, 1269. Validity of employment by county commis- sioners of attorney on contingent fee. 1917D, 258. Liabilitv for cost of constructing and main- taining bridge. 1915D, 249; 1910F, 508. Personal liability of county commissioners for defective condition of bridge. 1917B, 869. Duty to maintain barrier along rural high- 'way. 1915F, 973. Liability for injuries caused by negligence of employee. 1916B, 1261. Warrants; indebtedness. Annotations. Creation of indebtedness within the meaning of debt limit provisions. 1917E, 437. Rule for determining Jhe indebtedness within the meaning of debt limit provisions where boundaries of dif- ferent political tinits are wholJy or partly coincident. 1917E, 468. COUNTIES COURTS. 119 Limitation of indebtedness. 1917E, 456. 1916F, 892; Power to tax; county purposes. Purposes for which public funds may be used, see PUBLIC MONEYS. Contracts; power of officers. Delegation of power to county boards. 1915B, 151. Appeal from decision of board of county commissioners as to tax. 1915C, 386. Authority of commissioners to consent to discontinuance of interurban railroad. 1915B, 547. Validity of contract as to location of court- house. 1916F, 873. Revocation by state of contract with indi- vidual for assistance in discovering property not listed for taxation. 1915A, 639. Statute requiring estimate of cost by county surveyor before letting of contract. 1915A, 198. Letting contract to lowest bidder. 1915A, 198. COUNTS. Election between, see TRIAL. COUNTY ATTORNEY. See DISTBICT AND PROSECUTING ATTORNEYS. COUNTY CLERK. Garnishment of salary of. 1917F, 1117. COUNTY SURVEYOR. Statute requiring estimate of cost by coun- ty surveyor before letting of contract. 1915A, 198. COUNTY TREASURER. Bond of, see BONDS. Conversion by bank lending draft to county treasurer to cover shortage in receiving it back for cancelation. 1916C, 544. COUPLERS. Negligence of master as to. 1916D, 1042; 1917E, 1. Contributory negligence of employee as to. 1915F, 3. COUPONS. License tax on use of coupons redeemable in premiums. 1917A, 421. COURTHOUSE. Right of one furnishing materials to con- tractor for construction of, to recover therefor from county. 1917B, 1269. Validity of contract as to location of. 1916F, 873. COURTS. In general. Jurisdiction generally; inherent pow- ers. Jurisdiction over nonresidents; terri- torial limitations. in general. foreign corporations. Relation to other departments of gov- ernment. in general; political questions. legislative department; stat- utes. mnnicipa 1 matters. Jurisdiction over associations, etc.; conclnsiveneso of decisions of their tribunal*. Legislative power as to. State and territorial courts. jurisdiction. terms; place of sitting. transfer of cause. Federal courts. jurisdiction. districts. Conflict of authority; relation of state to Federal. exclusiveness of jurisdiction first acquired. interference with other courts; injunctions. property in custody of court or officers. when state or Federal jurisdic- tion exclusive; limitations upon. Rules of decision. in general. stare decisis; previous decisions of same court. state courts following Federal decisions. Federal courts following state decisions. In general. Clerks of, see CLERKS. Contempt of, see CONTEMPT. Aiding in enforcement of illegal contract, see CONTRACTS. Delegation of power to, see CONSTITUTION- AL LAW. 120 COURTS. As to courts martial, see COURTS MARTIAL. As to justices of the peace, see JUSTICE OF THE PEACE. Juvenile courts, see JUVENILE OFFENDERS. Mandamus to, see MANDAMUS. Prohibition to restrain, see PROHIBITION. Power in quo warranto, see Quo WABBANTO. As to removal of causes, see REMOVAL OF CAUSES. Judicial proceedings on Sunday, see SUN- DAT. Process of, see WRIT AND PROCESS. Judicial proceedings as privileged communi- cations. 1915C, 986; 1915D, 578; 1915E, 1051; 1916E, 779. Parol evidence as to records of. 1916D, 820. Discretion as to penalty to be imposed upon foreign corporation for violating con- ditions of right to do business in state. 3915A, 892. Two-thirds vote for enactment of statute amending municipal court act. 1916B, 931. Jurisdiction generally; inherent pow- ers. Jurisdiction on appeal, see APPEAL AND ERROR. Waiver of objection to jurisdiction by ap- pearance, see APPEARANCE. Annotations. Poicer of courts to act as determined T)y the place of performance. 1917E, 361. Power of court to require owner of premises or property to permit in- spection in negligence cases. 1917E, 838. Collateral attack on judgment for lack of jurisdiction. 1915C, 581; 1916D, 4, 7; 1916E, 312; 1917B, 395; 1917C, 171. Necessity of first submitting question to Interstate Commerce Commission. 1916D, 253. Limitations on exercise of jurisdiction of court having general equity of juris- diction. 1915E, 421. Jurisdiction to allow funeral expenses to coroner in action against him to re- cover property of decedent. 1915D, 948. Power of court in proceeding to oust officer to determine as to the right to elect his successor. 1016D, 1090. Refusal of courts of one country to sit in judgment on acts of government of an- other. 1917A, 276. Power of parties to affect jurisdiction. 1915E, 421; 1916B, 799; 1917E, 359. Rer.l controversy; moot question. 1915B, 856; 1915D, 1149. Inherent power to disbar attorney. 1915D, 1218. Inherent power to order destruction of property as a nuisance. 1917F, 1076. Inherent power to suspend sentence or exe- cution thereof. 1915C, 1169; 1916A, 1285. Jurisdiction over nonresidents; terri- torial limitations. in general. As to Federal districts, see infra. Right of courts of one state to enforce laws of, or causes of action arising in, an- other state, see CONFLICT OF LAWS. As to venue of action, see VENUE. Annotation. View outsit." 2 the territorial jurisdic- tion. 1917F, 984:. Permitting view of locus in quo in another state. 1917F, 974. Jurisdiction to reform instrument as against nonresident served by publica- tion. 1917B, 385. Action for damages against municipality of other state. 1915F, 1025. foreign corporations. Action against corporation generally. 1916E, 232. Power of courts of one state to annul elec- tion of directors by stockholders of corporation of another state. 1916A, 542. Jurisdiction to compel transfer of stock on books of corporation of other state. 1916A, 542. Relation to other departments of gov- ernment. in general; political questions. Separation of departments of government generally, see CONSTITUTIONAL LAW. Review of decisions of Workmen's Compen- sation Commission, see WORKMEN'S COMPENSATION. Annotations. Conclusiveness on the courts of recog- nition, bi/ the President of General Carranza. 1917 A, 28O. Power of state court to review rules of Interstate Commerce Commission. 1917E, 919. Executive department. 1915A, 175, 1141 ; 1915B, 988; 1916F, 141; 1917A, 276. Political questions. 1917A, 276. Public Service Commission. 1915D, 98; 1915E, 902. Land department. 1916A, 1116. Review of rulings of Interstate Commerce Commission. 1917E, 916. legislative department; statutes. Delegation of judicial power by legislature, see CONSTITUTIONAL LAW." Encroachment on judicial power, see CON- STl-UTIONAL LAW. General rule as to. 1915F, 898; 1916D, 913. Review of findings by engineer under au- thority of legislature. 1916F, 1181. Power of legislature to authorize appeal to courts from county board of equaliza- tion. 191 5B, 875. COURTS. 121 Introducing exceptions into statute by ju- dicial legislation. 1917C, 135. Inquiry into wisdom of legislation. 1915A, 129; 1917A, 1244; 1917D, 365; 1917E, 842. Inquiry into motive or purpose of legis- lature. 1917E, 1176. Statute imposing inspection fees. 1917D, 746. Statute prescribing rates. 1916B, 764. municipal matters. Review of ordinance as to business in resi- dential section. 191 6B, 1248. As to licenses. 1916C, 224; 1916D, 246. Jurisdiction over associations, etc.; coiiclusiveness of decisions of their tribunals. Conclusiveness on courts of provisions in beneficiary certificates and constitution of the order. 1917E, 995. Burden of proving that laws of religious denomination oust the courts of juris- diction. 1917D, 994. Right to enforce religious rights in civil courts. 1916D, 371. Expulsion of member. 1917C, 1053. Legislative power as to. Permitting commission to fix amount of award under Workmen's Compensation Act as devesting courts of their juris- diction. 1917D, 15. State and territorial courts. jurisdiction. Jurisdiction on appeal, s?e APPEAL AND EB- BOB. Original jurisdiction of appellate court. 1915B, 95, 569; 1915C, 287; 1917B, 710. Jurisdiction of court to review acts of Workmen's Compensation Commission as original and not appellate. 1916A, 329. As dependent on amount. 191 7B, 723, 924. Suits affecting decedent's estates. 1915A, 1179; 1916A, 1181; 1917E, 544. Suit to determine rights in decedent's prop- erty located in several states. 1917C, 171. Imposing upon county court duty of carry- ing out provisions of Mothers' Pension Act. 1917C, 897. Jurisdiction to authorize guardian to exe- cute lease of infant's land. 191 6F, 493. Jurisdiction of crime committed by Indian. 1915F, 587. Action against carrier for unlawful dis- crimination in rates. 1917F, 414. terms; place of sitting. Annotation. Poiccr of courts to act as determined "by the place of performance. 1917E, 361. Filing of designations of additional terms of court. 1915B, 103. Publication of notice of designation of term of court at which trial was had. 1915B, 103. transfer of cause. Statute validating all proceedings had or decrees rendered by district courts in causes transferred to them pursuant to statute. 1917D, 666. Irregularity in transferring cause from territorial to Federal district court. 1915C, 834. Effect of admission of state. 1915C, 834. Federal courts. jurisdiction. Federal question as conferring appellate jurisdiction. 1915C, 1. Jurisdiction of suit to restrain unfair competition. 1915B, 889. districts. District for prosecution under Federal White Slave Act. 1915A, 864. Convict of authority; relation of state to Federal. exclnsiveness of jurisdiction first acquired. Rule of comity as to. l f >17F, 1013. As between state and Federal courts. 1915A, 549; 1915E, 1132; 1916E, 595. interference with other courts; in- junctions. Annotation. Garnishment of judgment in another court of the state in which it was rendered. 1917D, 1139. As between state and Federal courts. 1917A, 421. Garnishment of judgment debtor under judgment of the supreme court of the state in an action in the district court by third person against judgment cred- itors. 1917D, 1137. property in custody of court or officers. Asserts of insolvent corporation in custody of receiver. 1915F, 1219. when sta ' 3 or Federal jurisdiction exclusive; limitations upon. Annotation. Jurisdiction and determination of suits for adjustment of rights between part owners of ship. 191? A, 11O8. Matter as to patents. 1917B, 1179. Admiralty and maritime cases. 191 6A, 436; 1916D, 935; 1917A. 1100; 1917F, 671. Bankruptcy cases. 191 6E, 303. 122 COURTS COVENANTS AND CONDITIONS. Rules of decision. in general. Application of technical rules of construc- tion. 1915E, 421. Question whether interpretation of common law in Federal court or interpretation in state court shall control. 1917E, 741. stare decisis; previous decisions of same conrt. Effect on right to declare statute unconsti- tutional of decision, in other case up- holding statute. 1917C, 135. Following rulings of another judge on de- murrer filed in the case. 1916F, 1228. Erroneous decisions. 1915B, 247. state courts following Federal deci- sions. In construing statj statute. 1917B, 787. Federal courts following state deci- sions. In determining validity of election on ques- tion of issue of municipal bonds. 1917B, 1019. Validity of covenant by one selling inter- state business not to re-engage therein. 1916C, 620. COURTS-MARTIAL. Annotation. Right of minor unlawfully enlisted in the army or navy to discharge up- on habeas corpus from custody of court-martial under charge of de- sertion or fraudulent enlistment. 1917D, 1059. Power to authorize creation of. 1915E, 235. Inquiry into jurisdiction of, on habeas corpus. 1915E, 235. Habeas corpus to release one sentenced to imprisonment by. 1915B, 988. Habeas corpus to secure release of minor who enlisted contrary to statute while charges are pending against him before a court-martial for fraudulent enlist- ment. 1917D, 1056. COUSINS. Cousins as a "family" within homestead law. 1917C, 356. COVENANTS AND CONDITIONS. In general. Warranty. Restricting use or disposition of property. Performance, breach; enforcement; who liable. in general. what constitutes breach; effect. who may enforce. who liable or bound. Running with the land. In general. Parol evidence of condition, see EVIDENCE. In lease, see LANDLORD AND TENANT. In oil and gas lease, see MINES. Condition in will, see WILLS. Annotations. Effect of lines or other indications on agent to bind his principal by cove- nants in the sale of real property. 1917F, 954. Effect of lines or other indications on recorded plat, to create an implied covenant. 1917 A, 458. Authority of agent selling land to enter into covenant. 1917F, 949. Intent of parties as determining whether covenants are dependent or independ- ent. 1917F, 744. Covenant or condition. 1915C, 234. Condition subsequent or a conditional limi- tation. 191 6F, 303. Condition precedent or subsequent. 1916D, 924; 1917F, 744. Condition for reverter in case of marriage. 1916B, 1077. Construction of covenant in deed to railroad as to "road crossing." 1916F, 1294. Implied covenant. 1915B, 561; 1916 A, 961; 1916F, 1294; 1917A, 455. Construing contract as creating implied condition rather than implied cove- nant. 1917A, 171. Nature of estate conveyed by deed in which a condition subsequent is raised. 1917C, 879. Warranty. Annotation. Implied or ostensible authority of agent to bind 7iis principal by covenant of general warranty in the sale of real property. 1917F, 954. Parol evidence as to intention. 1916E, 211, 217. Implied covenant of title. 1916A, 961. Restricting use or disposition of property. Suspension of .power of alienation in viola- tion of rule against perpetuities, see PERPETUITIES . Annotation. Validity of limitation upon power of alienation imposed upon grant of equitable estate to married woman. 1917A, 679. COVENANTS AND CONDITIONS CREDIT. 123 Refusal of specific performance of contract to purchase property because owners of neighboring property may enjoin erec- tion of building as breach of restrictive covenant. 1915F, 651. Condition against conducting livery stable on premises. 1915A, 679. As to buildings. 1915D, 543; 1915F, 651; 1917A, 323, 333, 455, 524. Restraint upon alienation. 191GB, 1201; 1916D, 924; 1917A, 671. Performance; breach; enforcement; who liable. in general. Rescission of land contract for breach of covenant, see VENDOH AND PUBCHASEB. Annotation. Necessity of entry, or formal declara- tion of forfeiture, as a condition of maintaining action other than for damages based on breach of condition subsequent in a convey- ance of freehold. 1917C, 882. Nominal damages for breach of. 1915D, 898. Certifying questions involved in action for breach. 1915C, 698. Raising question of breach for first time on appeal. 1916E, 901. Conclusiveness of decree denying specific execution of covenants. 1916F, 1294. Burden of proof in action to enforce. 1917A, 323. Admissibility of parol evidence in action for breach. 1916B, 1201; 1916E, 211, 213, 217. Doubt as to right to enforce restriction. 1915D, 543. Effect on liability for breach of restrictive covenant of fraud in contract. 1915A, 679. Liability on covenants of warranty where title proves defective. 1916E, 901. Forfeiture for breach of condition in oil or gas lease. 1916B, 686; 1917D, 231, 1115. Quieting title forfeited for breach of condi- tion subsequent. 1917C, 879. Extent of relief in action to quiet title for breach of covenant. 1917C, 879. Re-entry, as condition precedent to action for breach. 1917C, 879. Waiver of breach; loss of right to enforce. 1916D, 924; 1916F, 303; 1917C, 879. what constitutes breach; effect. Railroad track across property as breach of covenant against encumbrances. 1915D, 898. Right to rescission because of breach. 1917F, 744. Landlord's breach of covenant as defense to liability for rent. 1915C, 649; 1916E, 739. who may enforce. Annotation. Who may enforce restrictive covenant or agreement as to use of property. 19 17 A, 328. Restrictions as to use of property. 1917A, 323, 333, 524. Subsequent grantees.' 1916D, 611. who liable or bound. Binding effect of covenant in lease on assignee of lessor. 1917A, 121. Covenant in lease for renewal. 1916E, 1227. Running with the land. Annotation. Necessity of use of word "assigns 1 ' in order to make covenant as to a tiling not in esse run ^vith the land. 1917A, 127. Who may enforce. 3916D, 611. Stipulation in oil and gas lease ac. 1915E, 570. Covenant against sale of property to negroes. 1916B, 1201. Covenant in lease for renewal. 1916E, 1227. Covenant of woman who signs husband's warranty deed to convey her dower interest. 1916D, 611. COW. In general, see ANIMALS. Larceny of. 1915E, 848. Liability of city for personal injuries by. 1915E, 448. CRANE. Injury to employee ty insufficiency of. 1917C, 1199. CREDIBILITY. Of witnesses, see WITNESSES. CREDIT. Loan of, by municipality. 1915B, 306. Liability of one recommending another for credit. 19] 5A, 100; 1916E, 362. Recoverv for loss of, through wrongful at- tachment. 1917B, 350. Situs of, for purpose of taxation. 1915C, 922. Uniformity in taxation of. 1915A, 185. 124 CREDITORS CRIMINAL LAW. CREDITORS. See DEBTOB AND CREDITOR. CREDITORS' BILK Prematurity of action in nature of. 1916B 1272. CRIME. Injunction against, see INJUNCTION-. Libel in charging crime, see CRIMINAL LAW. In general, see CRIMINAL LAW. Competency as witness of person convicted of crime. 1917A, 1133; 1917F, 896. Discrediting of witness by proof of convic- tion of crime. 1917C, 384. CRIMINAL CONTEMPT. See CONTEMPT. *-- CRIMINAL INTENT. See CRIMINAL LAW. CRIMINAL LAW. In general. Criminal liability generally. Capacity to commit; irresponsibility. Attempts. Parties to offense; accessories. Instigation or consent as defense. Procedure generally. Protection and rights of accused gen- erally. Pleading; motions; demurrer. Former jeopardy. in general. different offenses; different modes of describing same act. Sentence and imprisonment. in general. crnel and unnsnal punishment, extent of punishment generally; excessive fines. time of imprisonment; cumula- tive and indeterminate sen- tences. suspension or stay of sentence; time of imposing. parole; reprieve; pardon. As to arrest, see ARREST. As to bail and recognizance, see BAIL AND RECOGNIZANCE. As to compounding felony, see COMPOUND- ING FELONY. Criminal contempt, see CONTEMPT. Ex post facto laws, see CONSTITUTIONAL LAW. As to disorderly house, see DISORDERLY HOUSES. District attorney, see DISTRICT AND PROSE- CUTING ATTORNEYS. Fraud in elections, see ELECTIONS. Extradition, see EXTRADITION. Civil liability for false arrest and imprison- ment, see FALSE IMPRISONMENT. Violation of food statutes or ordinances, see FOOD. As to juvenile offenders, see JUVENILE OF- FENDERS. Criminal liability for desertion of wife, see HUSBAND AND WIFE. Injunction against criminal acts, see IN- JUNCTION. As to violation of liquor laws, see INTOXI- CATING LIQUORS. As to criminal libel, see LIBEL AND SLAN- DER. Civil liability for bringing prosecution, see MALICIOUS PROSECUTION. Violation of statute regulating hours ol labor, see MASTER AND SERVANT. New trial in criminal case, see NEW TRIAL. Criminal liability for nuisance, see NUI- SANCES. Strict construction of penal statute, see STATUTES. Violation of Sunday laws, see SUNDAY. Violation of ordinance as to weights and measures, see WEIGHTS AND MEASURES. See also ABDUCTION AND KIDNAPPING: ADULTERY-. ARSON: BASTARDY; BIGA- MY; BURGLARY; DISORDERLY HOUSES; DRUGS AND DRUGGISTS ; EMBEZZLEMENT ; FALSE PRETENSES; GAMING; HOMICIDE: INCEST ; LOTTERY ; MAYHEM : OBSTRUCT- ING JUSTICE; PERJURY; PROSTITUTION; RAPE; RECEIVING STOLEN PROPERTY; ROBBERY; WEIGHTS AND MEASURES. In general. Annotation. Crimes ii-liich disqnal'fy one as a wit- ness. 191? F, 898. ompetency as witnesses, of persons convict- ed of crimes. 1917 A, 3133; 1917F, 896. Discrediting witness by proof of indictment for, or conviction of, crime. 1915F, 11 ; 1917C, 384. njunction asrainst criminal proceedings. 1915B, 1097; 1915D, 327, 684; 1916C, 261; 1916D, 545; 1917A, 421; 1917F, 1163. injunction against circulation of photo- graphs of pardoned convict. 1916A, 739. rlight of innocent person arrested through mistake to have the record of the arrest canceled or destroyed. 191 7E, 774. Action, whether civil or criminal. 1917B, 113; 1917E, 650. CRIMINAL LAW. 125 Criminal liability generally. Annotations. Knowledge or intent as element of the offense of using or giving false weight or measure. 1917D, 1129. Criminal liability for improperly issu- ing marriage license or perform- ing marr-iage ceremony. 1917E, S68. Punishing under one statute act done under authority especially granted by other statute. 1915B, 1207. Order of court to refrain from act as pro- tection against liability for failure to perform it. 1916B, 764. Strict or liberal construction of penal stat- ute. 1915A, 564. Criminal liability of corporation. 1915D, 515. Criminal liability of parent for failing to supply necessaries to children. 1915A, 564. Criminal liability of railroad corporation for obstructing street crossing. 1915B, 329. Maliciously setting railroad car in motion. 1915A, 817. Statutes as to liability for doing business in name of person as partner who is not interested therein. 1915D, 981. Statute making guilty of misdemeanor per- sons who, with intent to defraud turn- pike company, pass along grounds near road to avoid tollgate. 1917D, 333. Intent; motive; knowledge. 1916B, 1117; 1916D, 262; 1916E, 492; 1916F, 735; 1917B, 1260; 1917D, 944; 1917F, 469, 540. Capacity to commit; irresponsibility. Annotation. Criminal responsibility for act commit- ted under influence of insane de- lusion as to facts as affected by question whether such facts would, if actually existing, excuse the act. 1917F, 650. Criminal liability of corporations. 1915D, 515 Infants. 191 6E, 760. Insanity and irresistible impulse. 1915E, 1031; 1916D, 519, 590; 1917F, 646. Intoxication. 1915E, 1031. Attempts. Statute providing that person making threats with view to extort money shall be guilty of attempt to rob. 1915B, 1140. Parties to offense; accessories. Woman transported in violation of Federal White Slave Act as party to the offense. 1915D, 281. Criminal liability of agent. 1915A, 106. Liability as accessory of one aiding and assisting ia false pretenses. 1917E, 797. Accessory to forgery. 1016F, 1251. Evidence on trial of accessory of verdict against principal. 1916B, 950. Instigation or consent as defense. Instigation by, or consent of, detectives to crime for purposes of detecting crimi- nal. 1916C, 991. Procedure generally. Appeal in criminal case, see APPEAL AND ERROR. Reversible error in criminal case, see AP- PEAL AND EEROE. Due process of law and equal protection of the laws, see CONSTITUTIONAL LAW. Presumptions and burden of proof, see EVI- DENCE. Presumption as to innocence or guilt, see EVIDENCE. Evidence of confession, see EVIDENCE. Admissibility of dying declarations, see EVIDENCE. Relevancy of evidence generally, see EVI- DENCE. Sufficiency of proof, see EVIDENCE. As to sufficiency of indictment, see INDICT- MENT, ETC. As to jury, see JURY. As, to grand jury, see GRAND JURY. New trial in criminal case, see NEW TRIAL. Statements and argument of prosecuting attorney, see TEIAL. Remarks or conduct of judge, see TRIAL. Questions for jury, see TRIAL. Instructions in criminal case, see TEIAL. As to venue, see VENUE. As to witnesses, see WITNESSES. Annotations. Evidence of other crimes in prosecu- tion for robbery. 1917D, 388. Evidence of trailing of criminal with bloodhounds. 1917E, 73O. Husband or wife as witness against the other in criminal prosecutions. 1917E, 1133. Delegation of power to receive verdict in a criminal case. 1917E, 1O9O. Notice of designation of term of court at which trial is to be held. 1915B, 103. Jurisdiction in criminal case. 1915F, 587. Duty of court in allowing appeal in crimi- nal cases to formulate and certify a specific question. 1915D, 223. Application in criminal contempt proceed- ings of statute permitting defendant in criminal case to make a statement not under oath. 1917E, 650. Delegation of power to receive verdict in criminal case. 1917E, 1085. Proof of corpus delicti. 1916B, 745, 844: 1917A, 1287. Conviction of crime as evidence. 1916B, 950. Admissibiiity of evidence of witness taken at inque'st. 1915F, 1087. 126 CRIMINAL LAW Admissibility in evidence of plea of guilty which has been withdrawn. 1916E, 634. Demonstrative evidence. 1915E, 848; 1916D, 590. Opinions and conclusions. 1915A, 1078, 1088; 1915B, 1143; 1915D, 229, 972; 1915E, 848. Evidence as to declarations or acts of ac- cused 1916D, 1295. Evidence as to acts and declarations of third persons generally. 1915B, 1125; 1915E, 202; 1916C, 566. Evidence of threats. 1916B, 050. Evidence as to identity. 1915E, 848. Evidence as to character and reputation of accused. 1916E, 326. Evidence as to intent of accused. 1915D, 1015; 1915E, 1031. Evidence as to relations between accused and deceased in murder case. 1917F, 646. Evidence of suggestive facts. 1915F, 1087; 1916B, 950. Evidence of other crimes. 1915A, 138, 809, 862, 1088; 1915B, 103; 1915D, 229, 236; 1916E, 472; 1917D, 383; 1917E, 668, 797. Evidence as to trailing of criminal with bloodhounds. 1917E, 726* Assumption by trial judge of burden of cross examining accused. 1916A, 1190. Directing verdict. 1916D, 767, 1295. Waiver of objection to refusal to advise verdict of not guilty. 1917F, 1107. Correctness and sufficiency of verdict in criminal case. 1915A, 862; 1916F, 960. Effect on verdict of guilty of finding of newspaper in jury room attacking the faith and nationality of the accused. 1916E, 634; Reversal of conviction because of misconduct of jurors. 1917F, 210. Refusal by court of request to have stenog- rapher take down statements made by prosecuting attorney during his argu- ment. 1915A, 1088. Right of defendant in criminal case to com- plain of instruction which was preju- dicial to the state. 1917E, 668. Preliminary examination. 1917D, 1014. Private counsel to aid prosecution. 1915E, 1215; 1917C, 455. Charging jury in criminal case on Sunday. 1915D, 361. Discharge of juror. 1916E, 1264. Permitting jury to separate. 1916B, 963. Protection and rights of accused gen- erally. Evidence of confessions by accused, ^see EVIDENCE. Right to trial by jury, see JUBY. Annotations. Who is iritliin protection of provision of Bankruptcy Act as tit use in criminal proceeding of testimony given by bankrupt. 191 7B, 614. Necessity of presence of accused at rendition of verdict for misde- meanor. 1917B, 346. Contempt in publication pending trial of facts as to past life of accused. 1917E, 703. Public trial. 1916E, 472. Speedy trial. 1915E, 363. Aid of counsel. 1916D, 590. Right to meet witnesses. 1917B, 113. Cross-examination of accused. 1915B, 131. Presence of accused. 1915D, 817; 1917B, 344; 1917C, 610. Crimination of self. 1915B, 913; 1917B, 608; 1917F, 502. Photographing and measuring. 1916A, 739. Waiver or loss of right. 1915D, 817; 1916D, 590; 1917D, 15. Pleading; motions: demurrer. As to requisites and sufficiency of indict- ment, information or complaint, see INDICTMENT, ETC. Quashing of indictment, see INDICTMENT, ETC. Admissibility in evidence of plea of guilty which has been withdrawn. 1916E, 634. Mode of raising questions. 1917A, 1226; 1917E, 797. Duplicity in plea to indictment. 1917B, 608. Demurrer to information because of absence of necessary examination before com- mitting magistrate. 1917D, 1014. Motion in arrest of judgment. 1915B, 83; 1916B, 1117; 1916D, 767. Former jeopardy. in general. Provision for appeal as, see APPEAL AND ERBOR. Annotations. Manner and time of raising defense of former jeopardy. 19 17 A, 1233. Discharge of jury because of matter affecting witness. 1917D, 1148. Mode of raising plea of former jeopardj. 1917A, 1226. Effect of constitutional amendment to give legislature power to alter origin, lly understood meaning of jeopardy in bill of rights. 1915F, 1093. Resorting to common law to ascertain meaning of constitutional provision as to second jeopardy. 1016K, 1264. What included at conmion law in protection from second jeopardy. 1915F, 1093. Right of one who has secured release through habeas corpus on ground that judgment was void, to defeat subse- quent prosecution on ground of former jeopardy. 1915A, 526. What constitutes an acquittal. 1917E, 1085. CRIMINAL LAW. 127 Discharge of jury. 1916E, 1264; 1917D, 1141; 1917E, 1085. Reversal of first conviction; new trial. 1917E, 1085. different offenses; different modes of describing same act. Annotation. Conviction or acquittal of a sexual of- fense as a bar to a prosecution for a similar offense with or against the same person at a different time. 1917D, 73 1. Acquittal or conviction of minor offense included in a greater one of which court has no jurisdiction as bar to subse- quent prosecution for the greater offense. 1917A, 661. Acquittal in prosecution in which state is permitted to prove all similar offenses within a designated period as bar to second prosecution for any specific offense committed within such period. 1917D, 726. Acquittal of one charged with crime as bar to prosecution for perjury for testi- mony given by him at trial. 1017B, 738. Prosecution on charge of contributing to moral delinquency of female as bar to prosecution on charge of rape. 1915A, 256. Conviction of assrult and battery as bar to prosecution for assault with intent to commit rape. 1917A, 661. Acquittal of crime of carnal knowledge committed on specified date as bar to prosecution for similar offense Avith same girl six months later. 1917D, 726. 'Conviction for use of abusive words as bar to prosecution for assault and battery. 1917A, 140. Cumulative penalties for failure to equip train with separate accommodations for white and colored passengers. 1917B, 544. Acquittal of feloniously entering building with intent to steal goods of specified person as bar to prosecution for enter- ing same building with intent to steal goods of different person. 1915C, 627. Sentence and imprisonment. in general. In contempt proceedings, see CONTEMPT. Title of statute as to sentence for crime. 1915B, 389. Plurality of subjects in statutes as to. 1915B, 389. Question whether statute as to punishment is an amendment or an independent piece of legislation. 1915B, 389. Imposing punishment under law in force when crime was committed, though re- pealed before trial. 1917B, 738. Sufficiency of verdict to sustain sentence. 1915A, 862. Prejudicial error in instruction as to. 1916D, 590; 1917E, 1129. Statute providing that no person shall suffer death penalty who has been con- victed on circumstantial evidence alone. 1917D, 591. Statute as to punishment for use of false weight, measure or balance. 1915D. 515. crnel and nnnsnal punishment. Cruel and unusual punishment as ground for release on habeas corpus. 1915C, 557. Statute giving court discretion as to extent of punishment as violation of constitu- tional provision against. ]915C, 557. Solitary confinement. 1917B, 586. extent of punishment generally; ex- cessive fines. In contempt proceedings, see CONTEMPT. Sending criminal case back for proper sent- ence where sentence imposed is below bgal minimum. 1915B, 71. time of imprisonment; cumulative and indeterminate sentences. Constitutionality of statute as to. 1915C, 557; 1915F, 531. Imposing punishment under indeterminate sentence law in force whe ncrime was committed, though repealed before the trial. 1917B, 738. Length of imprisonment for contempt. 1917C, 845. Indeterminate sentence; deductions. 1915B, 95; 1915C, 557; 1915F, 531; 1917B, 738. suspension or stay of sentence; time of imposing. Power to suspend sentence or execution thereof. 1915C, 1169; 1916A, 1285; 1917E, 1178. Power of court to suspend sentence of con- vict for purpose of punishing him for contempt in another case. 1917B, 586. Setting aside suspension. 1915C, 1169. parole; reprieve; pardon. Annotation. Effect of pardon granted after verdict and before sentence, or pending appeal. 1917B, 57 O. Injunction against circulation of photo- graphs of pardoned convict. 1916A, 739. Mandamus to compel destruction of photo- graphs of pardoned convict. 1916A, 739. Validity of contract to aid in securing parole of prisoner. 1916D, 576. Suspending execution of sentence as en- croachment upon pardoning power. 191 50, 1169. Exclusive power of board of pardons as to commutations and pardons. 1915C, 1169. 128 CRIMINAL LAW CUMULATIVE EVIDENCE. Conferring on board of commissioners power to parole prisoners. 1915F, 531. Governor's power as to. 1915F, 519, 531; 1916A, 1285. Waiver of pardon by failure to plead it on appeal from conviction. 1917B, 567. Effect of pardon to release convict from liability for costs. 1917B, 567. Validity of pardon granted pending appeal. 1917B, 567. Power of governor to annex condition. 1915F, 548. Due process in remanding verdict for viola- tion of conditions of parole. 1915F, 548. <* CRIMINATION OF SELF. Annotation. Who is within protection of provision of Bankruptcy Act as to use in criminal proceeding of testimony given by bankrupt. 1917B, 614:. By accused. 1915B, 913; 1917B, 608; 1917F, 602. CRIPPLE. Carrier's duty to. 1915A, 797; 1915E, 788. CRITIC. Right to exclude critic from theater. 1916E, 248. CROPriNG. Construction of representation by vendor of farm that it is in good condition for cropping. 1917C, 270. Relative rights of parties to croppers' con- tract. 1917E, 298. CROPS. Statute for protection of, against plant diseases, see PLANT DISEASES. Annotations. Sale or mortgage of future and grotv- ing crops. 1917C, S. Right of tenant or cropper to maintain replevin for crops. 1917C, 1114. Insurable interest in. 1917B, 4:85. Damages for injury to, or destruction of. msD, 292. Breach of contract to thresh. 1916E, 788. Breach of warranty as to seed. 1917B, 1106. . Warranty on sale of haystacker. 1917C, 1076. Joining husband and wife 'in action for in- jury to crops grown by him on wife's homestead. 1917B, 350. Mortgage of future crops. 1917C, 1, 6, 7. Validity of sale of crop by occupant of land as against purchaser of land at execution sale. 1917C, 4. Insurable interest in. 1917A, 482. Insurance on hay in stacks as covering hay in barn. 1917B, 934. Relative rights of landlord and tenant as to. 1917C, 1111; 1917E, 289. CROSS ERRORS. On appeal. 1C15B, 287; 1917E, 1. CROSS-EXAMINATION. Of witnesses, see WITNESSES. CROSSINGS Railway crossing generally, see RAILBOADS. Injury at railway crossing, see RAILBOAIXS. CROWDING. Of train. 1915B, 915; 1915E, 964. CRUEL AND UNUSUAL PUNISH- MENT. See CRIMINAL LAW. CRUELTY. To animals, see ANIMALS. CRYSTALLIZATION. Effect of crystallization of drawbar which broke allowing train to part on car- rier's liability for resulting injury. 1917F, 1020. CULVERT. In railroad embankment, see RAILBOADS. 4 CUMULATIVE EVIDENCE. Error in rejection of. L.R.A.1915F, 977. CUMULATIVE PENALTIES DAMAGES. 129 CUMULATIVE PENALTIES. For failure to equip train with separate accommodations for white and colored passengers. 1917B, 544. CURATIVE LAW. Constitutionality of, see CONSTITUTIONAL LAW. Annotation. Insertion of unauthorized provisions in a bond required Try statute as af- fected by curative statutes, 1917B, 997. Effect of statute validating all proceedings by district courts in causes transferred to them pursuant to statute. 1917D, 666. CURTESY. In separate estate granted to wife with re- straint on her alienation during life by deed in which the word "assigns" is not used. 1917A, 671. Limiting curtesy to proportion of the estate represented by the ratio which the chil- dren of the marriage with the claim- ant bear to the total number of children of decedent. 1917A, 671. Curtesy initiate as entitling husband to maintain action to recover wife's real estate or for injury thereto. 1915D, 996. CURVE. Discharge of passenger from car on curve. 1915C, 609. CUSTODY. Of children generally, see INFANTS. Of children after divorce, see DIVOBCE AND SEPARATION. CUSTODY OF LAW. Interference with, by other court, see COURTS. Levy on property in, see LEVY AND SEIZURE. Replevin for property in, see REPLEVIN. Tax on property in hands of receiver. 1915E, 211. L.R.A. Tri. Index 1915-17. 9. CUSTOM AND USAGE. Parol evidence of, see EVIDENCE. Evidence of, generally, see EVIDENCE* Annotations. Of carrier to notify consignor of con- signee's refusal to accept goods sent by freight. 1917C, 1128. Effect of custom giving fire apparatus right of way on liability of street railway company for injuries caused by collision with fire appa- ratus. 1917E, 4=15. Necessity that custom be uniform, reason- able and generally known. 1915D, 145. Judicial notice of carrier's custom. 1916A, 545. Presumption and burden of proof as to. 1916D, 974. Effect of death on competency of witness to show. 1915C, 976. Sufficiency of proof as to. 1915F, 1114; 1917F, 422. Evidence of, when not pleaded. 1917A, 740. Necessity of pleading. 1917F, 571. Custom of foreman to employ help. 1917C, 1199. Custom to take certain time to investigate credit of new customer. 1916B, 1036. To pay partner for exceptional services. 1917F, 571. Of holders of mileage tickets to violate re- quirement that they travel with their baggage. 1915E, 281. Of Indians as to divorce. 1917D, 571. Banking customs. 1915E, 395. Validity of carrier's custom in regard to particular shippers. 1917C, 1124. Effect of, on liability for freight charges. 191 7A, 663; 1917C, 1124. Effect of, on servant's violation of master's rules. 1915F, 1114. Effect of trade custom to use gross weight pails in sale of lard on statute re- quiring lard to be sold in pails of a cer- tain number of pounds net weight. 1916E, 380. Right of person on railroad track to rely on. 191 6D, 702. CUSTOMER. See PATRON. DAMAGES. In general. Exemplary or punitive. in general. carrier's liability. On contracts generally. On bonds. As to real property. Sales of personalty; warranty. To lend money. Liquidated damages. DAMAGES. For telegrams. Expulsion of, or failure in duty to, passenger. In respect to freight or baggage. T orts generally. Fraud. Assault; seduction; false imprison- ment; malicious prosecution; abuse of process. Libel or slander. Personal injuries; death. in general. injuries to married woman. death. instances of amount. Injury to, or taking or detention of, personal property. Injury to or trespass upon real prop- erty; nuisance. in general. injury to, or destruction of, buildings, trees, crops or pas- ture. . injury to water rights. nuisance. Injury to business. Condemnation or depreciation in value by eminent domain. in general. value; estimate of. consequential injuries. as to abutting owners. in highway cases. in injunction cases. Mental anguish. accompanying physical suffer- ing. unaccompanied !>y physical in- jury. Loss of profits. in general. from breach of contract. Time for which recoverable. Mitigation; reduction. Aggravation. Apportionment. In general. Relevancy of evidence as to, see EVIDENCE. Opinion evidence as to, see EVIDENCE. Interest on amount recovered as, see INTER- EST. Allegations as to, see PLEADING. Instructions as to, see TBIAL. Review of, on appeal. 1915A, 120, 491 ; 1915C, 39; 1915D, 292, 611; 1916C, 348, 808; 1917A, 1194; 1917C, 507; 1917D, 214. Prejudicial error as to measure of. 1915E, 294; 1916C, 589; 1917A, 394; 1917B, 924. Right of party to complain on appeal of rule of damages in accordance with theory upon which he tried the case. 1916E, 983. Remittitur on appeal. 1915E, 1141; 1916E, 420. Question for jury as to. 1916C, 800. Instructions as to. 1915E, 1141, 1206; 1915F, 803; 1916C, 808; 1916E, 743. Sufficiency of evidence as to. 1917D, 273, 980; 1917F, 824. Awarding new trial on question of damages only. 1915E, 239; 1915F, 723. Nominal damages. 1915D, 898; 1915F, 888; 1916B, 835; 1917C, 737; 1917F, 1146. Preventing unnecessary amount. 1915E, 455. Exemplary or punitive. in general. Cure by verdict of error in instructions as to. 1916B, 622. Recovery of punitive damages in civil action in Louisiana. 1917E, 516. Breach by physician of contract to attend patient. 191GB, 622. For seduction. 1917D, 273. Assault and battery. 1915E, 704. Personal injuries or death. 1917F, 717. carrier's liability. For failure to return excursionists to their homes. 1915C, 477. For causing passenger to miss connections. 1917D, 977. Breach of contract to run special train. 1917D, 750. As to corpse. 1916A, 565. Ejection. 1915E, 145. Insult to passenger. 1915B, 915. Assault on passenger. 1915E, 668. On contracts generally. Punitive damages, see supra. Recovery for mental anguish caused by breach of contract, see infra. Loss of profits from breach, see infra. Annotations. Damages for anticipatory breach of contract as provable claim in bank- ruptcy. 1917B, 585. Measure of damages for broker's breach of contract with customer as to sales and purchases of stock on the exchange. 19J.7C, 747. Measure of recovery in case of destruc- tion of building in process of erec- tion or repair. 1917D, 1O11. Measure of damages for failure of les- see of oil mine to protect leased premises from wells on adjoining land. 1917E, 983. Damages recoverable by member for breach of contract by mutual bene- fit association. 1917E, 1O35. For breach of contract by broker to carry stock for customer. 1917C, 737. Damages recoverable by owner of stock who repudiates sale by broker to himself. 1917C, 737. Breach of contract by director to declare dividend. 1917A, 1068. Building and construction contract; de- struction of property before completion of work. 1917D, 1006. Breach by irmtual benefit society of contract with member. 1917E, 1032. DAMAGES. 131 Breach of telephone contract. 1915C, 450. Contract to manufacture logs into lumber and pay accommodation notes with pro- ceeds. 1916F, 3. Contract to locate railroad station at cer- tain place. 1916F, 687. Breach of contract to thresh grain. 1916E, 788. On kernels. Annotation. May each of several persons protected by a bond recover up to the -full amount of the bond. 19JL7D, 617. Damages recoverable by married woman in action on bond binding husband to re- sume marital relations and support her and their children. 1917D, 440. As to real property. Breach of covenants in oil and gas lease. 1915E, 1057. Sales of personalty; warranty. Recovery for loss of profits, see infra. Buyer's failure to complete purchase. 1915E, 851. Breach of warranty. 1915B, 477; 1915D, 875; 1916C, 1001; 1916D, 997; 1917B, 1106. To lend money. Breacli by bank of contract to lend money to pay for grain contracted for on mer- chants' exchange. 1916F, 501. Liquidated damages. Annotations. Sum deposited to secure performance of a contract as a penalty or liqui- dated damages. 1917E, 372. Effect of stipulation for liquidated damages, in contract not to engage in business, upon the equitable ju- risdiction to enjoin breach there- of. 1917E, S86. Presumption and burden of proof as to. 1915E, 373. Right of defendant in action to recover stipulated damages to raise on appeal question of general damages. 3916E, 1175. Stipulation in ordinance granting franchise for penalty for violation thereof. 1915E, 385. Effect of multiple stipulations on provision in contract for. 1915E, 385. Bond or certified check given by bidder for public work as security for execution of contract as liquidated damages. 1917E, 370. Provision for, in automobile distribution contract. 1915B, 109. For delay in completing construction con- tract. 1916E, 1175. Breach of covenant against engaging in busi- ness. 1915E, 373; 1917E, 880. For telegrams. Mental anguish for default in duty as to, see infra. Business telegrams generally. 1916E, 484. Expulsion of, or failure in dnty to, passenger. Punitive damages, see supra. Recovery for mental anguish, see infra. Breach of contract to run special train. 1917D, 750. Ejection of passenger. 1915E, 145. Arrest. 1915E, 145, 320. Assault. 1915E, 668. In respect to freight or baggage. Punitive damages for, see supra. Limitation of amount of carrier's liability, see GABBIER s. Review cf verdict or findings as to. 1917C, 507. Failure to furnish cars. 1917B, 564. Delay in transportation or delivery. 1917A, 193, 197. Loss or conversion of property. 1915A, 502. Discrimination in rates; rebates. 1917F, 414. Delay of baggage. 1916A, 545. Torts generally. General rule as to. 1915E, 991. Extent of liability of members of union who refuse to work for an employer until he signs a union agreement. 1917F, 755. Failure of bank to pay check. 1916A, 1220. Negligence of title abstractor. 1916D, 820. Wrongful sale of liquor. 1916D, 940. Frand. Allowance of interest on amount recovered. 191 6F, 780. Fraud in inducing taking of lease at cer- tain rental. 1917B, 760. On sale of real estate. 1915A, 675; 1915F, 962. Assanlt; sednction; false imprison- ment; malicions prosecution; abuse r process. Punitive damages, see supra. Review of, on appeal. 1915A, 491; 1C15D, 611. Evidence in mitigation of. 1917D, 220. Excessiveness of. 1915A, 1141; 1915B, 1179; 1915D, 621; 1916E, 356. Seduction. 1917D, 273. Assault. 1915A, 491; 1915E, 668, 701; 1916E, 356, 896. Malicious prosecution; wrongful attach- ment. 1915B, 1179 ; 1917B, 350. False imprisonment. 1915A, 1141; 1915D, 611, 621; 1915E, 145, 320; 1916E, 356; 1916F, 1247. Libel or slander. Allegation as to damages. 1916E, 667. Admissibility of evidence as to. 1915E, 413; 1917D, 855. 132 DAMAGES. Refusal of instructions as to. 1915E, 413. Excessiveness of verdict. 1916E, 771. Effect of provocation to mitigate. 1916E, 779. Special damages as element of action. 1916B, 915. Personal injuries; death. in general. Punitive damages for, see supra. Mitigation or reduction of, see infra. Recovery for humiliation or mental anguish resulting from injury, see infra. Extent of recovery under Workmen's Com- pensation Act, see WORKMEN'S COM- PENSATION. Annotation. May substantive laic of state as to dam- ages be invoked in an action for personal injuries, not resulting in death, on waters within the mari- time jurisdiction. 1917F, 678. Workmen's Compensation Act as violation of constitutional provision forbidding legislature to limit amount of recovery for injury. 1916A, 389. Allegations as to. 1915D, 834; 1915F, 992. Prejudicial error as to measure of. 1916C, 589. Question for jury as to. 1916C, 800. Instructions as to. 1915F, 803. Limiting damages to those shown by the evidence. 1916E, 763. Waiver of benefit of constitutional pro- vision forbidding statutory limitation of amount of recovery. 1916A, 389. Evidence as to. 1915F, 558, 992; 1917A, 394; 1917E, 215. Sufficiency of evidence as to. 1917D, 980. Effect of negligence of person injured. 1917A, 306. Permanent injuries; floating kidney and torn rib. 1917B, 133. Impairment of earning capacity. 1916E, 464. Effect of prior disease. 1915A, 797. Effect of wrong medical treatment. 1915D, 883. Refusal to seek medical or surgical relief. 1916E, 896. injuries to married woman. Mental anguish, see infra. Effect of marriage of woman after negligent injury on right to recover damages for loss of time and earning capacity. 191 6C, 589. Prejudicial error as to. 1917A, 394. Evidence as to. 1917 A, 394. Miscarriage. 1917A, 394. death. Instances of amount, see infra. Apportionment of damages for death, see infra. As to right of action for death, see DEATH. Annotation. Reduction to present value of pecuniary loss to the statutory beneficiaries from death. 1917F, 373. Relevancy of evidence as to. 1915E, 1201, 1205. Instructions as to. 1915E, 1205; 1916C, 808. Review of, on appeal. 1915C, 39; 191GC, 808. Action under civil damage act. 1916D, 94. Extent of recovery under Federal Em- ployers' Liability Act. 1916C, 817; 1916E, 185; 1917E, 1050; 1917F, 367. Earning capacity. 1916D, 940; 1917A, 306- Habits, health and reasonable expectancy of life. 1916D, 940. Of married woman. 1916D, 186. Allowance to widow and children for death of husband and father. 1917F, 802. instances of amount. Bruised arm due to fall when passenger is required to go from Pullman to ordi- nary coach. 1916E, 763. Wound disabling person for more than a month and requiring extended medical treatment. 1915E, 668. Impairment of health and possibility of in- ternal injuries which may prove per- manent. 1916E, 743. Permanent injury. 1915A, 797; 1915F, 1, 6, 8, 11, 13, 15, 491; 1916D, 644; 1916E, 896; 1917B, 133; 1917C, 978; 1917D, 813, 962; 1917E, 258. Permanent disfigurement. 1917 A, 1291; 1917E, 258. For miscarriage. 1917A, 394. For injury inflicted by bite of dog. 1917E, 516 Loss of eye. 1915F, 21. Loss of limb. 1915F, 3. Injury to infant. 1915F, 11, 491. For death. ' 1915C, 632, 808, 817; 1916D, 940; 1917B, 548; 1917D, 959; 1917F, 802. Injury to, or taking or detention of, personal property. Annotation. Measure of damages for loss or conver- sion of, or injury to, household goods or wearing apparel. 1917D, 495. Allowance of interest on amount recovered. 1916C, 544. Relevancy of evidence as to. 1915C, 319; 1915E, 959. Review of, on appeal. 1917D, 214. Instruction as to. 1917A, 501. Injury to cattle. 1917C, 983. Injury to automobile. 1915C, 319; 1915F, 723; 1917D, 214. Loss of household goods and wearing ap- parel. 1917A, 58; 1917D, 493. Destruction of building. 1917C, 1038. DAMAGES. 133 Injury to gas mains through negligence in i Injury to business. construction of sewer in street. 1917E, ] Sufficiency of proof of. 1092. Conversion. 1915B, 291; 1917B, 787. Injury to or trespass upon real prop- erty; nuisance. in general. Annotation. Measure of damages to leasehold from change of grade. 1917C, 4:28. Recovery of such a character as to include double damages for same injury. 1916D, 358. Relevancy of evidence as to. 1915C, 747. Prejudicial error as to. 191 5E, 294. Washing of sand and other material upon land because of construction of railway embankment. 1916E, 977. Interference with view as element of dam- age. 1917C, 1131. Obstruction of riew of show window. 1916C, 1260. injnry to, or destruction of, build- ings, trees, crops or pasture. Annotations. Measure of damages for destruction of, or damage to, building. 19 17 A, 3G7. Measure of damages for failure of les- see of oil mine to protect leased premises from wells of adjoining land. 1917E, 983. Relevancy of evidence as to. 1917A, 365. Injury by blasting. 1916D, 101. Destruction of building. 1917A, 365; 1917C, 1038. Destruction of pasture. 1917C, 983. Injury to, or destruction of, crops. 1915D, 292. injury to wa'ter rights. Diversion of water. 1916E, 981. nuisance. Time for which recoverable, see infra. Evidence as to. 1915C, 747; 1916E, 983. Effect of permanent or temporary character of injury. 193 6D, 358. Nuisance created by erection of permanent structure which does not cause injury until some time after it is completed. 1916E, 983. Injury to land by construction of city sewer. 1916E, 983. Projection into street obstructing view of show window. 1916C, 1260. Illness caused by nuisance as element of damages. 1915C, 751. Depreciation in value of property by opera- tion of garbage incinerator plant. 1917F, 475. Depreciation in value of adjoining property by erection of barn. 1917D, 772. 1917F, 824. For loss of practice of physician. 835. 1916B, Condemnation or depreciation value by eminent domain. in general. in Annotation. Right to recover cost of alteration made in anticipation of, and to prevent 01 reduce damages to property from, a public improvement. 1917C, 1189. Allowance of interest on amount recovered. 1916A, 1079; 1916C, 1106; 1916F, 969. Evidence on question of. 1916A, 1079; 1916E, 572. Allowance for alteration made in anticipa- tion of taking, to reduce damages. 1917C, 1184. Upon condemnation of toll road. 1917E, 559. On condemnation of public utility by mu- nicipality. 1916F, 592. Construction of railroad through manufac- turing plant. 1916A, 1079. Telegraph line over railroad right of way. 1916E, 572. Recovery by tenant. 1916C, 1C90; 1916D, 713. value; estimate of. Annotation. Prospective value of property as ele- ment of compensation in eminent domain. 1917 A, 4O5. Evidence on question of. 1916E, 420. Error in admitting evidence that witness as to value offered after close of case might have been discovered sooner. 1916E, 420. Sufficiency of proof of unlawfulness of find- ing as to. 1915F, 592. Estimate as of what time. 1917A, 402. Considering fact that property has been en- hanced by wrongful construction of the conduit in estimating damages for ease- ment for water conduit through private property. 1915E, 432. Estimating going value of water company on condemnation of its plant. 1916F, 592. Earnings of water company as measure of recovery. 1916F, 592. Value for special use. 1916A, 1079. Allowing for loss of profits. 1916C, 1090. Allowance for fixtures. 1915D, 492; 191GD, 713. Improvements. 1915E, 432; 1916C, 1090; 1916F, 969. consequential injuries* -To abutting owner, see infra. 134 DAMAGES. Annotation. Obstruction to view as an element of damages. 1917C, 1135. Remittitur on appeal of damages for inci- dental injuries. 1916E, 420. Cost of removal of personal property. 1916D, 713. Injury to business; loss of profits. 1916C, 1090; 1917C, 420. Noise, discomfort, smoke, etc. 1916A, 1079; 1916E, 420. Danger; possible injuries. 1916A, 1079. as to abutting owners. Construction of subway railroad in street. 1916A, 1290. in highway cases. Evidence on question of. 1917C, 420. Establishing or changing street grade. 1917C, 420. In injunction cases. Amended complaint for damages as within injunction bond conditioned to pay all damages. 1915A, 853. Conclusiveness as to surety of judgment against principal for damages in in- junction suit. 1915A, 853. Mental anguish. accompanying physical suffering, Annotation. Mental anguish as an element of dam- ages for personal injuries to preg- nant woman. 1917E, 1049. Prejudicial error in admission of evidence as to. 1916D, 1035. Refusal of instruction as to. 1916E, 743. Allowance for mental anguish suffered by widow and children of person killed and another allowance for loss of the com- panionship of the husband and father. 1917F, 802. Humiliation because of disfigurement of person. 1916E, 896. Recovery for mental suffering in case of bite of dog. 1917E, 516. Damages to pregnant woman injured by an- other's negligence for mental suffering due to fear that child may be deformed. 1917E, 1047. Injury to passenger. 1915E, 145; 1916D, 1035. unaccompanied by physical injury. Right to recover from fright for injuries due thereto, see FBIGHT. Who may sue for mental anguish because of mutilation of corpse of child. 1915B, 519. Liability of private hospital for mental suf- fering from death of wife resulting from negligence. 191 7B, 708. Breach of contract. 1916B, 622; 1917A, 197; 1917D, 440, 750. For causing passenger to miss connections. 1917D, 977, Mental anguish because of wrongful burial of body of passenger at sea. 1917E, 852. For requesting one to be quiet or to leave theater. 1915B, 1119. For false imprisonment. 1915D, 621. Disclosure of contents of telegram. 1915C, 487. For delay in delivery of telegram. 1915B, 552. Loss of profits. in general. By exercise of power of eminent domain. 1916C, 1090; 1917C, 420. Liability of members of labor union for loss of profits of their employer because of their refusal to work for him. 1917F, 755. from breach of contract. Right of subcontractor prevented from com- pleting work to recover lost profits. 1915C, 671. Right of one employed on commission to recover loss of profits on unlawful termination of employment. 1916B, 868. Failure of telegraph company to deliver business message. 1916E, 424. By purchacer. 1916B, 1257. Time for which recoverable. Time for which damages may be allowed un- der counterclaim for depriving pur- Jiaser of possession, in action for bal- ance of purchase price of automobile of which the seller had taken possession on default in payment. 191 6A, 912. For maintenance of nuisance. 1916E, 971, 974. Mitigation; reduction. Prejudicial error in failing to instruct as to. 1917A, 306. Burden of proving circumstances in mitiga- tion. 1916D, 820. Evidence in mitigation of damages. 1917D, 220. Right to prove amount of debt in mitiga- tion of damages in action of replevin against chattel mortgagee who has con- verted property. 1915E, 192. Effect of insurance. 1917E, 539. Provocation. 1915E, 779. Aggravation. As to preventing unnecessary amount, see supra. Effect of refusal to seek medical relief, or of wrong medical treatment, or of disease on damages for personal injuries, see supra. Augmenting recovery under Workmen's Compensation Act where injury was prolonged by negligent surgical treat- ment. 1916E, 1201. DAMAGES DEATH. 135 Apportionment. Apportionment between wife and child of recovery under Federal Employers' Lia- bility Act. 1916C, 800. DANCING. Annotations. As proper subject for police regulation. 1917E, 318. Power of municipality to regulate danc- ing in public places. 1917A, 1174:. Power of municipality to prohibit dancing in public restaurants. 191 7A, 1170. Providing for maintenance of dance hall for public amusement as a valid charity 1917D, 1062. DANGER. Judicial notice of. 1915C, 741; 1916F, 957. DANGEROUS AGENCIES. As to automobiles, see AUTOMOBILES. Electricity, see ELECTRICITY. In general, see NEGLIGENCE. Master's liability for servant's use of. 1915F, 945. Failure to date copy of writ served. 1917C, 148. Of will. 1916E, 498; 1917C, 479. DANGEROUS ATTRACTIONS. See NEGLIGENCE. DANGEROUS PREMISES. Liability for injury on, see NEGLIGENCE. DATA. Annotation. Right of public to benefit of data pre- pared by officer or employee. 1917B, 1183. DATE. Of deed, presumption as to. 1916B, 653. Evidence on question of date of birth. 1915F, 803. Change of, in note as a material alteration. 1916F, 1263. Writing date on marg'n of note as a ma- terial alteration. 1916D, 528. Error in date of issuance of mandamus. 1915D, 288. DATS OF GRACE. Annotation. For payment of premium after ma- turity of premium note. 1917C, 921. Grace for payment of premium after matu- rity of premium notes. 1917C, 917. DEATH. In general. Right of action for causing. in general. who may maintain and for whom. Defenses. Effect of. In general. Of patron by negligence at place of amuse- ment, see AMUSEMENTS. Conflict of laws as to liability for, see CON- FLICT OF LAWS Measure of damages for, see DAMAGES Presumption and burden -of prooi as to, see EVIDENCE. Of insured cause of, see INSURANCE Of employee, generally, see MASTER ANP SERVANT Proximate cause of, see PROXIMATE CAUSE Annotations. Validity and effect of by-law of mutual benefit society refusing to pay bene- fit upon presumption of death from seven years' absence. 1917C, 1032. Defamation of deceased person. 1917C, 615. Concealment or ignorance of cause of action as suspending Statute of Limitations against action for death. 1917B, 1259. Right of surety on contractor's bond to notice of latter's death. 1916A, 881. Admissibility of coroner's certificate of, in evidence. 1916C, 379. Evidence of reputation of deceased. 19150, 1179. By-law of insurance company as to pre- sumption of death from absence. 1917C, 1029. Presumption as to time of. 1917A, 183. Presumption and burden of proof as to cause. 1915D, 358. Opinion evidence as to cause of. 1915A, 1078, 1088; 1916C, 379. Sufficiency of proof of cause of. 1915E, 519, 964; 1916E, 952; 1917C, 195; 1917F, 710. 136 DEATH. Statement in application for insurance as to cause of death of applicant's an- cestors. 1917C, 858. Right of action for causing. in general. For death occurring in another state, see CONFLICT OF LAWS. Recovery for death under Workmen's Com- pensation Act, see WORKMEN'S COM- PENSATION. Annotation. Liability of master for intentional Kill- ing of a servant by a third person. 1917F, 753. Right of action for, as assets giving jurisdiction to appoint administrator. 1916B, 794. Collateral attack on settlement with sanc- tion of court of action for death. 1917A, 270. Safficiency of title of statute requiring no- tice before bringing action for death. 1915E, 1069. Abatement of right of action for. 1915E, 1132. Survivability of action for. 1916A, 1142; 1916C, 964. Jurisdiction of admiralty of action for. 1916A, 1149. When right of action for, accrues. 1916E, 1095 Amendment of petition in action for. 19! OB, 910. Error in admission of evidence in action for. 1915E, 1201 Conflict of laws as to liability for. 1915F, 955 Basing right of action for death on injuries due to breach of ordinary contract. 1916F, 1155. Distinction between right of action given to personal representative for death and right of action of person injured to re- cover damages, death not being in- stantaneous. 1915E, 1141. Effect on mother's right to sue in one state of judgment of other state in action by administratrix. 1915F, 736. Liability of husband, wrongfullv causing the death of his wife. 1917B*, 774. Liability of city for death caused by fall of pole in street. 1917B, 548. Right of action for, against hospital. 1917B, 708. Right to recover for instantaneous death. 1917A, 1128. Right of action for death of infant employed in violation of statute. 1917A, 1128. who may maintain and for whom. Annotation. Right of foreign or domestic represen- tative to maintain action for death of decedent under a statute of an- other state which provides that the action shall be brought by the per- sonal representative. 19 17 A, 37. Repeal of statute as to. 1915E, 1069. Under Civil Damage Act. 1916D, 940. Extending right of action by implication. 1916E, 112. Right of deserted wife and child to re- cover under Federal Employers' Lia- bility Act, for death of husband and father. 1916C, 800. Parents. 1916C, 964; 1916E, 185, 704; 1917A, 1128; 1917D, 287; 1917F, 851. Children. 1916C, 800; 1916E, 172; 1917D, 3084. Husband. 1916E, 112. Brother or sister. 1917A, 1128. Personal representative. 1915E, 1060, 1141; 1916A, 389; 1917A, 34, 1128. Defenses. Effect of bar of action by person injured on administrator's right to maintain ac- tion for his death. 1915E, 1178, 1185. Satisfied judgment in favor of person in- jured as bar to action for death result- ing from injury. 191 6D, 121. Effect of fact that woman's marriage took place after her husband had received a mortal injury through another's negli- gence to prevent her recovering for his death as executrix of his estate. 1915E, 1199. Negation of defense in action for death. 1915E, 1192. Contributory negligence of deceased. 1917F, 167. Contributory negligence of beneficiary or his agent. 1917A, 1128. Release or compromise. 1915E, 1075, 1163, 1170; 1917A, 270, 1128. Contributory negligence of father as de- fense to action by mother for death of minor child. 1915E, 7S1. Effect of. To abate action, see ABATEMENT AND REVIV- AL. On competency of witness, see WITNESSES. Annotations. Effect on attack on divorce decree, of death of spouse granted decree. 1917B, 4S6. Death of promisee before that of prom- isor in agreement to maize provision by will. 1917D, Slf9. Effect of, on admissibility of evidence gen- erally. 1915F, 771. Admissibility of declarations of deceased person. 1915D, 334; 1916B, 816; 1916C, 566. Termination of contract by death. 1915C, 601; 1917D, 809. Effect on checks of drawer's death. 1916A, 711. Effect on homestead of death of members of family. 1917C, C.'jG. Effect of death of one member of community on rights of judgment creditor. 1917C, 494. DEATH DECEDENTS' ESTATES. 137 Continuance of community of interest in partnership after its dissolution by death of one of the partners. 1917C, 166. Effect of death of life tenant to stop run- ning of Statute of Limitations against remaindermen. 1917E, 1103. Effect of death of assignee of insurance policy to restore policy to insured. 191GF, 783. DEATH PENALTY. See CAPITAL- PUNISHMENT. DEBATES. Consulting debates of constitutional con- vention in construing constitutional provision. 1916C, 1023. DEBT. Imprisonment for, see IMPEISONMENT FOB DEBT. Annotation. Liability of legatee of "business for debts due creditors. 1917D, 439. Power of legislature to compel municipality to pay. 1915D, 927. Liability of legatee of drug store for debts of business. 1917D, 426. Liability of heirs for debts of ancestor. 1915B, 797; 1916A, 1181. Effect of bequest to cancel debt by mother to her child. 1915B, 1156. DEBTOR AND CREDITOR. Accord and satisfaction between, see ACCORD AND SATISFACTION. Assignments of debtors, see ASSIGNMENT FOR CREDITORS. Insolvency of debtor, see BANKRUPTCY; BANKS; INSOLVENCY. Compromise and settlement between, see COMPROMISE AND SETTLEMENT. Creditors of corporations, see CORPORATIONS. Duress by creditor, see DURESS. As to exemptions, see EXEMPTIONS; HOME- STEAD. Creditors of decedent, see EXECUTORS AND ADMINISTRATORS. Sale of decedent's sale for debts, see EXEC- UTORS AND ADMINISTRATORS. As to garnishment, see GARNISHMENT. Imprisonment for debt, see IMPRISONMENT FOR DERT. Joint creditors and debtors, see JOINT CREDITORS AND DEBTORS. Lien of creditor, see LIENS; MECHANICS' LIENS. As to mortgage to secure debt, see MORT- GAGE. Creditors of partnership or individual mem- ber thereof, see PARTNERSHIP. As to sales in bulk by debtor, see SALE. Subrogation of third person paying debt to rights of creditor, see SUBROGATION. Right of creditors in trust fund, see TRUSTS. Annotations. Right of general creditors to complain of failure to record contract of con- ditional sale. 1917C, 4=4:2. Action by general creditor for damages against third person on account of fraud in disposing of debtor's prop- erty, or preventing plaintiff from collecting his cla*m. 1917E, 1148. Remedy of judgment creditor of com- munity after death of one of the spouses. 1917C, 5O2. Payment of part of a liquidated and undisputed debt as a consideration for the discharge of the whole. 1917A, 719. Liability of legatee of business .for debts due creditors. 1917D, 439. Liability of legatee of drug store for debta contracted in the course of its business. 1917D, 426. Libel of debtor. 1915E, 455; 1916B, 915. Conspiracy between creditor and his attor- ney to defeat debtor's right to exemp- tion. 1915A, 1186. Liability of heirs for debts of ancestor. 1915B, 797; 1916A, 1181. Priority of lien for indebtedness of heir to estate over liens of judgments against Mm. 1915A, 1179. Effect of bequest in will to cancel debt by mother to her child as guardian. 1915B, 1156. Right of judgment creditors to elimination of usury from prior indebtedness se- cured by trust deed. 1915C, 634. Right of creditor to set aside contract of debtor invalid under statute s* frauds, 1916D, 1211. 4 Right of creditors to intervene 1917B, 1043. Right of general creditor to maintain action against third party for fraudulently in- ducing such creditor to forbear legal action to collect his debt. 1917E, 1146. DECEDENTS' ESTATES. Rights of heirs and distributees in general, see DESCENT AND DISTRIBUTION. Administration of, see EXECUTORS AND AD- MINISTRATORS. Running of statute of limitations in action as to, see LIMITATION OF ACTIONS. Set-off by or against, see SET-OFF AND COUNTERCLAIM. 138 DECEDENTS' ESTATES DEEDS. Annotation. Competency as o witness of the hus- band or "wife of a party to action involving a decedent's estate, 19 17 A, 2. DECEIT. See FRAUD AND DECEIT. DECLARATIONS. Evidence of, see EVIDENCE. In pleading, see PLEADING. DEDICATION. In general. Annotation. Validity of reservation in dedicating land for street. 1917C, 229. Attempted reservation in dedication of land for street. 1917C, 225. By map or plat. Designation of tract of land on plat as a park. 1916B, 1160. Selling lots with respect to map or plat. 1916B, 1160. Effect on rights in streets shown on plat of persons who buy lots in reliance on plat of statute vacating roads which remain unopen for specified periods. 1917A, 1120. Acceptance. Annotation. Necessity and sufficiency of acceptance of grant of right of \vay over public land for public highway. 19 17 A, f 355. Right of one dedicating land for highway to retain possession after title has vest- ed in county in order to enforce pay- ment of contract price for labor done by him to fit land for travel. 1917A, 1150. Necessity of. 1916B, 1160. Effect of delay in accepting. 1916B, 1160. What constitutes; sufficiency. 1916B, 1160. DEDUCTION. From sentence, see CRIMINAL LAW. From legacy, see WILLS. Of dower interest from purchase money. 1915C, 367. Allowing deduction of taxes paid within the vear upon personal propertv. 1915B, 569. DEEDS. In general. Delivery. Construction, validity and effect gen- erally. Description of property. What property passes. in general. reservations and exceptions. Estate or interest created. in general. life or fee. remainders; vested or contin- gent interests; reservations; limitation over. In general. Acknowledgment of, see ACKNOWLEDGMENT. Cancelation or rescission of, see CONTRACTS. Covenant or condition in, see COVENANTS AND CONDITIONS. Secured by duress, see DURESS. Estoppel by, see ESTOPPEL. Trust deed, see MORTGAGE. In partition, see PARTITION. Recording of, see RECORDS AND RECORDING LAWS. Tax deeds, see TAXES. By husband to wife. 1915E, 648. Parol evidence as to. 1915A, 671; 1916D, 1201; 1917F, 337, 949. Sufficiency of evidence to show that deed was intended to be a mortgage. 1916B, 4. Wrongful alteration of. 1917E, 814. Effect of decree canceling for fraud deed to wife of vendee in contract for purchase of land to cancel also the contract of sale. 1917D, 228. Presumption that deed executed to wife of purchaser of land was executed in dis- charge of the contract. 1917D, 228. Presumption that date of deed was the day of its execution. 1916B, 653. Execution of deed by attorney in fact. 1915F, 662. Signature. 1915B, 678. Delivery. Delivery to third person to be held until death of grantor. 1917C, 964. Construction, validity and effect gen- erally. Covenants in, generally, see COVENANTS AND CONDITIONS. Validity of conveyance of land held adverse- ly, see CHAMPERTY AND MAINTENANCE. Effect of duress, see DURESS. Estoppel by, see ESTOPPEL. Deed by incompetent person, see INCOMPE- TENT PERSONS. In partition, see PARTITION. Distinction between deed and will, see WILLS. Construing deed so as to uphold it. 1917C, 964. Deed as mortgage. 191 5A. 1106; 1915B, 492; 191 6B, 4, 11; 1917F, 337. DEEDS DEFENSES. 139 Unrecorded deed, as color of title. 1915B, 1006. Deed by Indian. 1916D, 377. Validity of deed given to secure usurious loan. 1915D, 1195. Effect of intoxication. 1915E, 465. Description of property. Describing land in township of a specified number without naming the range 1916A, 525. What property passes. in general. Effect of deed to transfer to grantee right to property dedicated for street upon vaca- tion of the street; effect of attempted reservation, in dedication, of fee to grantor. 1917C, 225. Effect of warranty deed of land injured by structure erected before execution of the deed to transfer the cause of action for the injury. 1916E, 990. reservations and exceptions. Attempted reservation of water power and ground to utilize same. 1916A, 504. Reservation to grantor of life estate by warranty deed to be held in escrow un- til death of grantor. 1917C, 964. Reservation of timber. 1915E, 307. Estate or interest created. in general. Estate or interest created by will, see WILLS. Estate conveyed by deed to burial lot. 1915E, 168. Effect of deed to create separate estate. 1917A, 671. Effect of tax deed to vest in grantee fee simple title. 1917D, 520. life or fee. Annotation. Conveyance to one and his children as giving the children an estate joint- ly or in common with the parent, or a remainder upon a life estate in the parent. 1917 B, 76. Vesting of fee by warranty deed providing that it is to be held in escrow until death of grantor. 1917C, 964. Effect of conveyance of remainder to a woman and her children to create a life estate in common. 1917B, 74. remainders; vested or contingent interests- reversions; limitation over. As to suspension of alienation, see PEB- PETUITIES. Vested or contingent interests under will, see WILLS. Question whether deed creates condition subsequent or a conditional limitation. 1916F, 303. Creation of defeasible estate by deed in which condition subsequent is raised. 1917C, 879. Validity of covenant providing for reversion. 1915A, 679. Condition in conveyance for reverter in case of marriage. 3916B, 1077. Grant of property for school purposes with provision for reverter. 1916F, 303. Acceleration of remainder by refusal of life tenant to accept deed. 1915A, 671. DEER. See GAME AND GAME LAWS. DE FACTO CORPORATION. See COBPOBATIONS. DEFAULT. Annotation. Reliance upon cleric or judge for in- formation as to time of trial or hearing as ground of relief from. 1917C, 1193. Jurisdiction to render judgment by. 1915B, 1149; 1916F, 583. What constitutes judgment by. 1917B, 1296. Relief against judgment by. 1916E, 100; 1916F, 724, 837; 1917C, 1190; 19] 7D, 880; 1917E, 1152. DEFEASIBLE TITLE. To standing timber. 1915A, 571. DEFECTIVE EYESIGHT. Annotation. Duty toward Wind persons or persons with defective eyesight as to con- dition of streets. 1917C, 126. DEFENDANTS. Parties defendant, see PARTIES. 4 DEFENSES. In general, see ACTION OB SUIT. To action or prosecution for assault, see ASSAULT AND BATTERY. In action on negotiable paper, see BILLS AND NOTES. 140 DEFENSES DELAY. Defense to action on bond, see BONDS. To action for breach of promise, see BBEACH OF PROMISE. In contempt proceedings, see CONTEMPT. Ultra vires, see CORPORATIONS. Against liability of stockholders, see CORPO RATIONS. To action for causing death, see DEATH. In suit for divorce, see DIVORCE AND SEP- ARATION. To prosecution for embezzlement, see EM- BEZZLEMENT. Burden of proving, see EVIDENCE. In action for false imprisonment, see FALSE IMPRISONMENT. Negation of, see INDICTMENT, ETC. To liability on insurance policy, see INSUR- ANCE. In libel suit, see LIBEL AND SLANDER. Of limitations, see LIMITATION OF ACTIONS. In foreclosure suit, see MORTGAGE. In proceeding to abate nuisance, see NUI- SANCES. Negation of, see PLEADING. Violation of Sunday law as, see SUNDAY. To action for infringement of trademark, see TRADEMARKS. Of usury, see USURY. Annotations. Assignment of chose in action to one of the parties liable thereon as affect- ing defenses ^and equities as be- tween assignee and the other party. 1917F, 433. Adultery of u-ife %vith consent or conni- vance of husband as justification of abandonment or nonsupport by lat- ter. 1917D, 64O. Theory that right of subrogation can be set up only as a defense. 1917D, 1067. Validity of statute abolishing. 1917D, 15. Consent of child under age of consent to her seduction as defense to action by father. 1917D, 273. Advice of counsel. 1915D, 16. Landlord's breach of covenant as defense to liability for rent. 1915C, 649. To local improvement assessment. 1916B, 1027. In disbarment proceedings. 1915A, 773; 1915D, 1218. In mandamus case. 1915D, 288; 1915E, 774; 1916F, 1033; 1917F, 776. In prosecution for false pretenses. 1916E, 1104. In prosecution for rape. 1915B, 131. DEFICIENCY. On foreclosure, see MORTGAGE. DEFICIENCY JUDGMENT. Right of materialman to. 1915F, 1132. Personal liability of trustee for. 1915F, 1072. DEFINITENESS. See INDEFINITEXESS. DEFINITIONS. Annotations. What is "personal property" within registration laws. 1917C, 629. What constitutes a "debt" within the meaning of debt limit provisions. 1917E, 437. Legislative definition of terms of statute. 1917A, 1116. Assessments. 1917E, 456. Civil contempt. 1917B, 113. Common law. 1915E, 239. Condition precedent. 1916E, 932. Criminal contempt. 1917B, 113. Domicil. 1917E, 490. Due process of law. 191 5D, 817. Extraordinary flood. 1917A, 501. False pretenses. 1917E, 849. Family. 1917C, 356. Flood. 1917A, 501. Fraudulent conversion. 1917B, 126-. Garbage. 1917E, 1163. House of ill fame. 1916D, 767. Landlord and tenant. 1917E, 298. Legal residence. 1917E, 490. Master. 1917E, 298. Means. 1916D, 441. Mob. 1915C, 578. Net earnings. 1917A, 1068. Ordinary flood. 1917A, 501. Peddler. 1916B, 1291. Property. 1915C, 981. Public policy. 1917D, 641. Revenue. 1917C, 188. Riotous assemblage. 1915C, 578. Servant. 1917E, 298. Subrogation. 1917A, 734. Switching service. 1916D, 452. Unprofessional conduct. 1916D, 436. View. 1917F, 974. DELAY. [n delivery by carrier, see CARRIERS. Estoppel by, see ESTOPPEL. Annotation. Liability of carrier for personal inju- ries to passenger u-Jio attempt* to reach his destination by other means because of delay or stalling of car or train. 1917F, 357. Penalty for delay in payment of gas rates. 1915F, 1180. n accepting dedication of land to public use. 1916B, 1160. n issuing execution. 1915B, 797. n offering amendment to pleading. 1915F, 984. DELAY DENTISTS. 141 Delay in bringing action to trial as ground for dismissal. 1916B, 1104. In rescinding contract for fraud. 1915D, 257. Effect of delay for five years to apply for benefit of bequest. 1915B, 1156. Effect of delay in shipment on carrier's liability. 1915C, 250; 1916D, 974, 982. By consignee in lemoving goods. 1917C, 416; 1917D, 916. Effect of delay in leaving state on privi- lege from service of process of nonresi- dent witness. 1917B, 250. DELEGATION. Of master's duty to fellow servant, see MAS- TER AND SERVANT. DELEGATION OF POWER. Constitutionality of, see CONSTITUTIONAL LAW. By or to municipality generally, see MU- NICIPAL CORPORATIONS. DELIRIUM TREMENS. Recovery under Workmen's Compensation Act for death from delirium tremens induced by shock of accident. 1916F, 955. Commission of crime while suffering from. 1915E, 1031. DELIVERY. Indorsement of note before delivery, see BILLS AND NOTES. By carrier, see CARRIERS. Of deeds, see DEEDS. Of gift, see GIFT. Of personalty sale, see SALE. Of note. 1915F, 1157; 191 6B, 1048. Of insurance policy. 1917E, 983. What constitutes delivery of goods to car- rier. 1916C, 606; 1916E, 1194. DELUSIONS. Insane delusions as defense to crime, see CRIMINAL LAW. Effect of, on testamentary capacity. 1915A, 443. DEMAND. For payment of note, see BILLS AND NOTES. Annotation. Time ivithin which demand for arbitra- tion, appraisal, inspection, or re- inspection must be made bt/ insur- ance company. 19 17 A, 1O86. As condition precedent to suit. 1915A, 679; 1916D, 462. For special meeting of board of directors. 1915E, 774. By insurance company for autopsy. 191 5D, 1199. Time to demand appraisement and inspec- tion of insured goods injured by fire. 1917A, 1078. DEMAND NOTE. Rights of parties to, as to maturity and presentment. 1915A, 728. DEMONSTRATIVE EVIDENCE. See EVIDENCE. DEMURRAGE. See CARRIERS. DEMURRER. Collusiveness of judgment on, see JUDG- MENT. To evidence, see TRIAL. In general, see PLEADING. To indictment. 1917D, 1014. DENATURED ALCOHOL. Injury to child by. 1915E, 191. DENIALS. In pleading. 1917B, 1061. Evidence admissible under general denial. 1915E, 131. DENTISTS. Conditions to grant of license. 1915D, 538. Duty of state's attorney to prosecute ac- tions to recover fines for practising without license. 1917B, 176. Agreement by dentist selling business not to re-engage in practice. 1917B, 267. 142 DEPARTMENT OF STATE DESCENT AND DISTRIBUTION. DEPARTMENT OF STATE. Relation of courts to. 1917A, 276: DEPARTURE. In pleading. 1915A, 804; 1917P, 1043. DEPENDENT COVENANTS. Intent of parties as to. 1917F, 744. DEPENDENTS. Annotations. Who are dependents within meaning of Workmen's Compensation Act. 1917D, 157. Extent of recovery by, under Work- men's Compensation Act. 1917D, 164. Who are, within meaning of Workmen's Compensation Act. 1916A, 306, 366, 436; 1916C, 1142, 1145; 1916E, 110. Insurahle interests of. 1917C, 925; 1917F, 393. DEPORTATION. Suspension of attorney for participating in wrongful deportation. 1915C, 259. DEPOSIT. In bank, see BANKS. DEPOSITIONS. Contempt in refusing to answer question. 1917B, 360. Liability of attorney taking deposition, for false imprisonment in requesting pun- ishment for contempt of witness refus- ing to answer questions. 1917B, 360. Exemption from service of process of non- resident while attending taking of depositions within state. 1916E, 1170. Motion to strike answer to interrogatory a portion of which is admissible. 1916D, 4C2. DEPOSITORS. In general, see BANKS. Who is a depositor entitled to payment out of bank's assets in the hands of the bank commissioner or out of the state's guaranty fund. 1915F, 623. DEPOTS. Carrier's duty as to, see CARBIERS. Annotation. Right of carrier to grant exclusive train privilege to baggage or pas- senger transfer companies. 1917F, 1O85. Validity of contract as to location of rail- road station. 1915B, 925; 1916F, 687. Damages for breacli of contract to locate railroad station at certain place. 1916F, 687. Venue of action for breach of contract to locate railroad station at certain place. 1916F, 687. Presumption in support of order of railroad commission as to. 1915D. 98. Requiring construction of union depot by carrier. 1915D, 98. Requiring rebuilding of depot destroyed by fire upon a new location. 1915D, 91. Grant of special privilege to baggage com- pany at. 1917F, 1080. DEPRECIATION. Liability of company insuring automobile owner against loss by injury to per- son or property, for depreciation in value of other automobile injured by collision with that belonging to the in- sured. 1917F, 612. DEPUTY. Right of sheriff to appoint nonresident as deputy. 1916B, 897. Liability of sheriff for arrest by. 1915E, 172. Liability of marshal on his bond for assault committed by deputy. 1916D, 278. DERAILMENT. Annotations. Applicability of res ipsa loquitur in case of injury to servant by derail- ment of rolling stock. 1917E, 212. Liability for injury to person other tJtan passenger or employee by de- railment of street car. 1917D, SIS. Injury to passenger by. 1915F, 1174; 1916C, 351. DESCENT AND DISTRIBUTION. In general. Right to inherit. who entitled generally and ex tent of their rights. DESCENT AND DISTRIBUTION DESERTION. 143 Right to inherit cont'd. effect of alienage. effect of illegitimacy. effect of adoption. rights of hnsband and wife. Nature and incidents of estate. In general. As to distribution of decedent's estate gen- erally, see EXECUTORS AND ADMINISTBA- TOBS. Tax on right to take property by, see TAXES. As to devise or bequest of property, see WILLS. Annotation. Devolution of interests of respective parties to option. 1917D, 71L>. Presumption that person dying intestate has left heirs. 1915E, 758. Conclusiveness of judgment of probate court as to devolution of property. 1916D, 421. Time of determining heirs who take under will. 1916A, 718. Right of heirs of deceased entryman on pub- lic lands. 1915B, 681. Right to inherit. who entitled generally and extent of their rights. Powers of state to abolish right of inheri- tance. 1917E, 909. Rights of heirs at law of married woman who conveyed her separate estate in violation of restraint on alienation in deed to her. 1917A, 671. Murderer of ancestor. 1915C, 328. Taking per capita or per stirpes. 1916A, 660. Effect of statute providing that on the death intestate, and without issue, of a person holding title to an estate of in- heritance by devise from kindred of in- testate such estate shall go to the kin next to the intestate of the blood of the person from whom property came. 1916C, 898. Right of father of child dying intestate whose only property was her interest in the estate of her deceased mother to her entire estate as agrinst lier brother. 1916E, 854. effect of alienage. Effect of treaties. 1916A, 469. Inheritance by aliens. 1915E, 327. Through aliens. 1915E, 327. effect of illegitimacy. By illegitimate children. 1916C, 759. Sufficiency of father's recognition of illegiti- mate son to enable him to inherit. 1916E, 654. effect of adoption. Conflict of laws as to. 1916A, 660. By adopted children. 1916E. 545. Through adopted children. 1915E, 462. rights of hnsband and wife. Wife's dower right, see DOWEE. Husband's estate by curtesy, see CUBTESY. Inheritance tax on interest of widow in hus- band's estate. 1917F, 436. Allowance to widow out of husband's estate. 1916E, 593. Right of widow claiming interest in testa- tor's estate to benefit of a conversion by the will of realty into personaitv. 1917D, 464. Effect of widow's election to take under her husband's will to bar her and her heirs from inheriting property undisposed of by will. ' 1917D, 758. Ri^ht of woman who, in good faith, entered into void marriage and lived with sup- posed husband until his death, to share in property to purchase of which she contributed from her individual earn- ings. 1917E, 968. Nature and incidents of estate. Liability of heirs of deceased director of in- solvent bank for losses caused by his mismanagement. 1917A, 971. Debts of decedent. 1915B, 797; 1916A, 1181. DESCRIPTION. Of property in deed, see DEEDS. Of offense in indictment, see INDICTMENT. ETC. Of beneficiary in will, see WILLS. Of party, in writ or notice by publication. 1915B, 1149. Of location of insured property, reformation to correct mistake in. 1917F, 663. Of land, sufficiency to satisfy Statute of Frauds. 1916C, 1098; 1917A, 151, 596. Of land, reforming instrument to make de- scription comply with Statute of Frauds. 1917A, 563. Of property conveyed, construction of. 1917A, 200. Of property devised. 1915E, 1008. Of property in bill for partition. 1916C, 693. Of land in assessment for taxation. 1915D, 432. Of land in record of mortgage. 1916A, 525. Of property in action for specific perform- ance. 1915A, 317; 1916C, 1124; 1917A, 563 Parol evidence to aid. 1915D, 766; 1915E, 1008; 1917 A, 563. DESERTION. As ground for divorce, see DIVORCT: AND SEPARATION. Criminal liability for desertion of wife, see HUSBAND AND Wra. 144 DESERTION DIPLOMATIC AND CONSULAR OFFICERS. Annotation. Right of minor unlawfully enlisted in the Army or Navy to discharge up- on habeas corpus from custody of court-martial under charge of de- sertion or fraudulent enlistment. 1917D, 1O59. Punishment for desertion of person under age who enlists in Army or Navy. 1917D, 1050. DESTINATION. Leaving passenger at, see CARRIERS. DESTRUCTION. Of building, measure of damages for, see DAMAGES. Annotations. Of milk below legal standard. 1917C, 247. Wlio must bear loss occasioned by de- struction of building in process of erection or repair. 1917D, 1O11. Right to notice and hearing before destruc- tion of property. 1915F, 894. Effect of destruction of logs on contract to manufacture lumber therefrom. 191CF, 3. Liability for rent after destruction of the property. 1916F, 276. Of building before completion of contract for work thereon. 1917D, 1006. Of building washed upon street railway tracks by flood. 1917C, 1038. Of pasture, measure of damages for. 1917C, 983. Of intoxicating liquors as denial of due process of law. 1917D, 926. Of property by members of Militia. 1917B, 702. Of property, in abating nuisance. 1915B, 415; 1917C, 1038; 191 7F, 1076. Of trees affected by disease. 1917C, 894. Of fruit infected with disease. 1915F, 894. DETECTIVE. Negligence of detective employed to shadow wife in shadowing another woman. 1917B, 675. Instigation by, or consent to, crime for pur- poses of detecting criminal. 1916C, 991. DETINUE. See REPLEVIN. DETOUKED TRAINS. Duty to receive local passengers on detoured trains. 1915B, 761. DEVIATION. Annotation. Deviation as affecting carrier's right to avail itself of provisions of special contract of affreightment. 19 17 A, 62. Effect of, on carrier's liability. 1917A, 58. 4 DEVICE. Annotation. Right of public to benefit of devices made by officer or employee. 1917B, 1183. DEVISE. See WILLS. DIAMONDS. Liability of railroad company for loss of diamonds transported as mail. 19 15 A, 374. DILATATION OF HEART. D ath of insured from, due to overexertion. 1916E, 1196. Following voluntary taking of cold bath, as an accident. 1916B, 1018. DILIGENCE. Question for jury as to, see TRIAL. Presumption and burden of proof as to. 1915E, 1057. Right to diploma on graduation. 1915A, 632; 1916B, 611. DIPLOMATIC AND CONSULAR OFFICERS. Attachment against property of United States ambassador. 1915A, 400. R : ght of consul to appointment as adminis- trator of estate of deceased alien. 1915D, 373; 1917A, 486. DIPLOMATIC CORRESPONDENCE DISCOVERY AND INSPECTION. 145 DIPLOMATIC CORRESPONDENCE. Admissibility in evidence of notes exchanged between the United States and Ger- many, after publication in newspaper. 191"D, 855. DIRECTION OF VERDICT. In general, see TRIAL, fc DIRECTORS. Of bank, see BANKS. Of corporation generally, see CORPORATIONS. " PIS AFFIRMANCE. Of infant's contract, see INFANTS. + DISAPPEARANCE. Annotation. Validity and effect of by-law of mutual benefit society suspending member who disappears. 19 17 A, 182. By-law of benefit society, suspending mem- ber who disappears. 1917A, 183. DISBARMENT. Of attorney, see ATTORNEYS. DISBURSEMENTS. Reimbursing personal representative, EXECUTORS AND ADMINISTRATORS. DISCHARGE. Of personal representative, see EXECUTORS AND ADMINISTRATORS. Of grand jury, see GRAND JURY. Of one joint tort-feasor by release of other, see JOINT CREDITORS AND DEBTORS. Of levy, see LEVY AND SEIZURE. Of employee, see MASTER AND SERVANT. Of mortgage, see MORTGAGE. Of surety, see PRINCIPAL AND SUPETY. Of teacher, see SCHOOLS. Of trust, see TRUSTS. Annotation. Former jeopardy by discharge of jury because of matter affecting witness. 1917D, 1148. L.R.A. Tri. Index 1915-1710. Of attorney before completing services for which employed. 1917F, 402. Of jury, as former jeopardy. 1916E, 1264; 1917D, 1141; 1917E, 1085. Of guarantor. 1917D, 402. DISCIPLINE, Of attorney, see ATTORNEYS. DISCONTINUANCE. Of action, see DISMISSAL OR DISCONTINU- ANCE. Of highway, see HIGHWAYS. DISCOUNT. Effect of provision for, on negotiability of note. 1915E, 564. DISCOURTESY. As ground for divorce. 191 5B, 770. DISCOVERIES. Annotation. Right <>f public to benefit of discoveries made by officer or employee. 1917B, 1183. + DISCOVERY AND INSPECTION. In general. Ri^ht to inspect books of corporation, see CORPORATIONS. Annotations. Power of court to require owner of p. emises or property to permit in- spection in negligence cases. 1917E, 838. Power of commission to compel pro- duction of papers and records for inspection. 1917F, 12O2. Removing books and papers from jurisdic- tion of court to avoid producing them before grand jury. 1915B, 913. Requiring public service corporation to produce its books and papers for in- spection by the attorneys and experts of patron. 1917F, 1195." Right of employee whose compensation de- pends on amount of business or profits to inspect accounts and correspondence relating to their payment or collection. 1915B, 1052. 146 DISCOVERY AND INSPECTION DISMISSAL OR DISCONTINUANCE. Requiring defendant employer to permit plaintiff to take measurements and photographs for purpose of preparing for trial in action for personal injury. 1917E, 833. 1 Physical examination. Exhibition of person to jurv, see EVIDENCE. Power to order generally. 1915E, 936. Grounds for refusing physical examination. 1915E, 930; 1917E, 405. DISCREDITING. Of witness, see WITNESSES. DISCRETION. Review of, on appeal, see APPEAL AND EB- BOB. Annotation. May a license for a tank, be refused upon general considerations of pub- lic policy. 1917D, 316. Mandamus to review discretionary action. 1915B, 232. Review by court of governor's discretion. 1915A, 175. Statute giving court discretion as to ex- tent of punishment for crime. 1915C, 557. As to penalty to be imposed upon foreign corporation for violating conditions of right to do business in state. 1915A, 892. As to specific enforcement of contract. 1917F, 594. Of Land Department to reject entries on public lands. 1916A, 1116. Of state banking board as to grant of char- ter. 1917D, 310. Of trustee as to objects and beneficiaries of gift. 1917D, 819. DISCRIMINATION. By carrier, see CARBIEBS. Against colored persons, see CIVIL RIGHTS. Unconstitutionality of, see CONSTITUTIONAL LAW. In gas rates, see GAS. In license tax, see LICENSE. . By public service corporations generally, see PUBLIC SEBVICE COBPOBATIONS. In taxes, see TAXES. In water rates, see WATEBS. By public service corporation; retroactive effect of statute as to. 1917B, 908. DISEASE. Of animals, see ANIMALS. As to contagious and infectious diseases, see CONTAGIOUS AND INFECTIOUS DISEASES. Death of insured from, see INSUBANCE. As to occupational disease, see OCCUPATION- AL DISEASES. Plant diseases, see PLANT DISEASES. Taking private property without compensa- tion in exercise of police power for suppression of disease. 1915B, 486. Requiring health certificate as condition of admission to public school. 1915A, 632. As excuse for breach of promise to marry. 1916D, 1260. Effect of intervening disease on liability for homicide. 1915F, 607. As affecting damages. 1915A, 797. Effect of existence of, on right to recover on accident insurance policy. 1915E, 780. Recovery under Workmen's Compensation Act for injury or death resulting from. 1916A, 273, 283, 321, 337; 1916B, 1277; 1916C, 1139; 1916D, 154, 1000; 1916E, 510, 584; 1917D, 77. Recovery under Workmen's Compensation Act for aggravation of existing disease by injury. 1916D, 1000. DISFIGUREMENT. Measure of damages for. 1917A, 1291. Humiliation caused by, as element of dam- ages for personal injury. 1916E, 896. DISINHERITANCE. Of children or heirs, see WILLS. DISLOYALTY. Annotation. Libel or slander by imputing sedition or disloyalty. 1917 D, 861. DISMISSAL OR DISCONTINUANCE. Dismissal of appeal, see APPEAL AND EBBOB. Of attachment, see ATTACHMENT. Of garnishment, see GARNISHMENT. Of replevin suit, see REPLEVIN. Annotation. Effect of appeal or right of appeal upo:i jilnintiff's right to dismiss action. 1917C, 133. Of eminent domain proceedings. 1916C, 641. Effect of action dismissed for lack of juris- diction to toll Statute of Limitations. 1917C, 203. DISMISSAL OR DISCONTINUANCE DISTRICT AND PROSECUTING ATTYS. 147 Effect and collusiveness of judgment of dismissal. 1917B, 588. Judgment of dismissal as evidence in sub- sequent suit. 1915B, 1179. Use of motion for judgment notwithstand- ing verdict to obtain dismissal for lack of evidence. 1917A, 1194. Voluntary; after grant of new trial; effect of right of appeal. 1917C, 130. Delay as ground for dismissal of action to. 1916B, 1104. Absence of witness or party as ground for. 1916B, 686. Of party. 1915A, 491. DISOBEDIENCE. As a contempt, see CONTEMPT. By servant of rules, see MASTEB AND SERV- ANT. Of insurance agent to instructions. 1915A, 860. DISORDERLY HOUSES. As to prostitution, generally, see PBOSTT- TUTION. Annotations. Insurance on bawdyJiouses or furni- ture therein. 1917B, 257. Sale of goods to keeper of inmate of house of ill fame. 1917B, 1168. Validity of statutes or ordinances against bawdyhouses. 1917B, 1078. Definition of. 1916D, 767. Liability of executory vendor for use of property as house of ill fame. 1916F, 325. Conspiracy to ruin hotel keeper by charg- ing him with keeping. 1917C, 65. Right to recover price of liquors sold for resale, where resale will encourage house of ill fame. 1917B, 1166. Validity of insurance on furniture in. 1917B, 253. Power of court to order destruction of per- sonal property used in connection with. 1917F, 1076. Selling personal property of o'.vner at auc- tion and paying him proceeds, after deduction of costs, and closing the building unless security for abatement of the nuisance is given. 1917B, 1075. Limiting to citizens of county persons who may institute proceedings for suppres- sion of. 1917B, 1075. Unlawful search and seizure on arrest of person on charge of keeping disorderly house. 1916C, 1014. Conviction of male person for resort : ng to house of ill fame for purpose of lewd- ness. 1915F, 640; 1916D, 767. DISORDERLY PERSONS. Annotation. Statute or ordinance making it an of- fense to associate with disreputable persons. 19171?, 9O4. Arresting a woman without warrant as a disorderly person. 1917D, 694. DISQUALIFICATION. Of judge, see JUDGES. DISSEISIN. Sec ADVERSE POSSESSION. DISSOLUTION. Of corporation, see CORPORATIONS. Of insurance company, see INSURANCE. Of partnership, see PARTNERSHIP. Of injunction. 1915B, 173; 1917E, 880. Of firm of real estate brokers. 1915C, 576. DISTILLERS. Annotation. Effect of insertion of unauthorized pro- visions in distiller's bond. 1917B, 995. DISTRIBUTION. Of decedent's estate, see EXECUTORS AND AD- MINISTRATORS. DISTRIBUTION CONTRACT. Automobile distribution contract. 1915B, 109. DISTRICT AND PROSECUTING ATTORNEYS. Annotations; Right of public body entitled to serv- ices of official attorney to employ other attorney in civil matters. 1917D, 251. Liability of public prosecutor to act 'on for malicious prosecution. 1917F, 699. Privileged communications to. 1915D, 1. 148 DISTRICT AND PROSECUTING ATTORNEYS DIVORCE AND SEPARATION. Recovery of money paid under threat of prosecution by. 1916B, 667. Liability of prosecuting officer for false im- prisonment. 1916F, 399. Right of prosecuting attorney to file bill to abate nuisance. 1915E, 408. Suit against, as suit against the state. 1916D, 545. Duty of prosecuting attorney to serve in- dependent district boards of education. 1917D, 248. Duty of state's attorney to prosecute actions to recover fines. 1917B, 176. Private counsel assisting. 1915E, 1215; 1917C, 455. Validity of contract with attorney to render assistance to prosecuting attorney in criminal case. 1916D, 459. Right of school district which prosecuting attorney is bound to serve to employ other counsel or additional counsel to assist the regular attorney. 1917D, 248. Compensation; lien for. 1917B, 176. Determining right of county to return of money paid state's attorney as salary in interpleader by county clerk to de- termine right to money in his hands claimed by state's attorney as fees. 1917B, 176. Running of limitations against right of county to recover sum paid county at- torney in excess of his salary. 1916E, 92. 4 DISTRICTS. Of Federal courts, see COTJBTS. DISTURBING WORSHIP. Annotation. Injunction to prevent disturbance of religious worship. 1917D, 996. Injunction against disturbance of religious worship. 1917D, 994. DIVER. Claim for overalls for, as within protection of contractor's bond. 1917A, 336. DIVERSION. Of water generally, see WATERS. Permitting diversion of public waters to private use. 1917A, 1007. Municipal liability for diversion of water course. 1916B, 1027. Of property or funds of charity to private profit. 1917F, 741. Of proceeds of county bonds. 1915D, 274. DIVIDENDS. On corporate stock, see CORPOBATIONS. DIVING. Injury to person at swimming pool while diving. 1915F, 689. DIVORCE AND SEPARATION. In general. The suit and jurisdiction thereof. Grounds. in general. desertion. Defenses; connivance; recrimination. Alimony. in general. temporary alimony; suit money. permanent allowance. subsequent change. Other property rights. Custody and support of children. In general. Presumption and burden of proof as to, see EVIDENCE. Conclusiveness and effect of judgment, see JUDGMENT. Annulment of marriage, and divorce for causes rendering the marriage invalid, see MARRIAGE. Annotations. Contract made to prevent attack upon divorce decree as contrary to pub- lic policy. 1917F, 621. Attack on decrees of divorce for other causes than lack, of jurisdiction. 1917B, 4:09. Validity of divorce according to Indian custom. 1917D, 574:. Remarriage of divorced Catholics. 1917C, 102O. Liability of married woman for legal services in divorce suit. 1917F, 362. Validity of contract to prevent attack upon divorce decree. 1917F, 618. Making legacy depend on legatee's separa- tion from his wife. 191 5A, 311. Marriage of divorced persons. 1915E, 87; 1916C, 686, 741, 744; 1917A, 492; 191 7B, 1150; 1917C, 353, 1017; 1917D, 829. Liability of wife for services of attorney in divorce proceedings. 1917F, 359. Husband's liability for services of wife's attorney. 1915C, 467; 1915F, 1162; 1917C, '335. Effect of, on competency of husband or wife as witness. 1915C, 870; 1915E, 1141; 1917E, 1129; 1917F, 935. DIVORCE AND SEPARATION. 149 Right of woman divorced from her husband to maintain action for death of child. 1917F, 851. Seduction of divorced woman. ]916D, 457. Conflict of laws as to. 1915E, 87; 1917D, 571. WLen divorce becomes final so as to be be- yond reach of a motion for rehearing. 1917F, 974. Collateral attack on decree. 1916F, 528. Review of findings of fact. 1917D, 361. Setting aside decree for fraud. 1917B, 405. Right to open divorce decree to ascertain if it was procured by perjured testi- mony without retrying the whole case. 1917F, 974. Admissibility in evidence of record in di- vorce suit. 1915C, 870. Question for jury as to. 1916F, 819. The suit and jurisdiction thereof. Decree rendered in other state, see JUDG- MENT. Conclusiveness of judgment, see JUDGMENT. Sufficiency of title of statute as to. 19 16 A, 696. Special legislation as to. 1916A, 696. Retrospective operation of statute as to. 1916A, 696. Constitutionality of statute as to. 1916A, 696. Residence for purpose of jurisdiction of de- fendant wife who refused to follow hus- band to new domicil. 1916E, 1115. Domicil for purpose of divorce of deserted wife where husband establishes new domicil in other state. 1917B, 1028. Residence of plaintiff for jurisdictional pur- poses. W15D, 852; 1J16A, 696; 1916E, 1115; 1917E, 490. Grounds. in general. Annulment of marriage, or divorce for causes rendering the marriage invalid, see MABKIAGE. Annotation. Retrospective effect of statute pre- scribing grounds of. 1917C, 16O. Imprisonment. 1917C, 159. Fact that marriage was induced by threats. 1916E, 648. Fraud inducing marriage. 1916C, 737; 1916E, 643, 648. Uniform and continued discourtesy. 1915B, 770. Refusal of sexual intercourse. 1915B, 770. desertion. Refusal of wife to follow husband to new home. 1915A, 222; 1916E, 1115. Refusal of wife to live with husband's par- ents. 1915E, 161; 1917F, 738. Effort of husband to induce wife who had left him for cause to return to his home. 1917F, 738. Defenses; connivance; recrimination. Annotation. Reformation as affecting right of di- vorce on ground of drun^fenness or use of drugs. 19171), 364:. Reformation of habitual drug user between time of separation and that of bringing divorce proceedings based on such use. 1917D, 361. Effect of collusion on right to attack de- cree collaterally. 1916F, 528. Premarital incontinence of the parties as defense to divorce suit by man on ground of fraud of the woman in alleg- ing that she was pregnant by hiua. 1916E, 643. Adultery of man as defense to action for di- vorce on ground of desertion by wife. 1915E, 972. Alimony. in general. Annotations. Inability to pay alimony as defense to contempt. 1917C, 97. Power to grant alimony in a divorce proceeding without personal cerv- ice of process. 1917F, 1161. Attack on provisions as to alimony in divorce decree. 1917B, 493. Adultery of wife with consent or con- nivance of husband as justification of abandonment or nonsupport Irj latter. 1917D, 610. Contempt in failing to pay alimony. 1917C, 89. Personal judgment for alimony on service by publication. 1917C, 1140. Lien of decree for alimony. 1916B, 648. Abatement by death of action for alimony. 1916B, 852. Prematurity of action to subject land to payment of judgment for all-nony. 1916B, 1272. Enforcing judgment for alimony in other state. 1915B, 674, 1024. Enforcing alimony obligations of nonresi- dent served only by publication out of his bank deposit in a local bank. 1917F, 1159. Right to credit on judgment for alimony for property which plaintiil has converted. 1915F, 820. Admissibility of evidence in proceeding to subject property to payment of judg- ment for alimony. 1916B, 1272. Independent suit for. 1915E, 421; 1916B, 919; 1917D, 773; 1917E, 490. temporary alimony; suit money. Refusal of court to proceed to trial of di- vorce suit while husband fails to com- ply with order to pay temporary ali- mony. 1915E, 567. Mandamus to compel allowance of. 3916F, 1257. 150 DIVORCE AND SEPARATION DOCUMENTS. Enforcement in other state of order for. 1916B, 1024. Validity for purpose of appeal of order al- lowing alimony j jndente lite. 1917C, 89. Validity of order for alimony pendente lite where no evidence on behalf of defend- ant was heard. 1917C, 89. Review of discretion as to reception of evi- dence in regard to. 1917C, 89. Allegation of release from marital obliga- tions as defense to petition for. 1916B, 919. Husband's ability to earn money as element to be considered in fixing alimony pen- dente lite. 1917C, 89. Right to allow, after perfection of appeal from final decree. 1916F, 1257. Power of appellate court to allow alimony, suit money, and attorney's fees. 1915A, 1044. permanent allowance. Requiring husband's entire earnings to be devoted to payment of alimony. 1917C, 89. Awarding alimony on appeal. 1915B, 1071. Duty to pay instalments of alimony pending appeal from decree. 1915B, 1071. subsequent change. Annotations. Power to amend decree of divorce, "by adding provision for alimony. 1917D, 325. Power to modify alimony awarded by a decree of absolute divorce in the absence of reservation by decree or statute. 191'. F, 729. Power in absence of str.tute to modify pro- visions of decree of absolute divorce providing for alimony. 1917F, 721. Right to amend divorce decree which fails to allow alimony so as to make such allowance. 1917D, 319. Modifying judgment for alimony so as to make it a specific lien on after-acquired real estate. 1917C, 1140. Effect of husband's remarriage. 1915F, 820. Other property rights. Effect of divorce on interest in proceeds of insurance policy. 1915B, 749; 1915D, 130; 1916D, 1168. Effect of divorce to terminate trust created by will. 1915E, 762. Effect of divorce between tenants by entire- ty after husband has cor "eyed his in- terest. 1917D, 736. Effect of divorce to destroy estate by en- tirety. 1915C, 396; 1917E, 886. Power of court to divide property between husband and wife on refusing a divorce. 1917E, 921. Custody and support of children. Annotations. Power to amend decree of divorce by adding provision for support of children. 1917D, 325. Remedy for refusal to permit access to or visitation of children as provided by decree of divorce. 1917B, 29O. Jurisdiction of court to au-aril custody of children after prayer for divorce has been withdrawn or dismissed. 1917D, 976. Requiring bond for production of child as condition to award of custody in divorce proceeding. 1915A, 576. Change of decree as to custody. 191615, 977; 1917B, 287. Right to require father to contribute to sup- port a child where no provision there- for was made in the divorce decree. 1917D, 319. Father's liability for support of child in custody of mother. 1917D, 971. Effect on liability of father of regulations governing alimony to wife. 1917D, 971. Right of divorced wife to recover from husband expense of supporting child prior to divorce. 1915A, 1137. Prematurity of action to subject land to payment of judgment for support of child. 1916B, 1272. Effect of remarriage of divorced parties on provisions of decree as to. 191 6E. 682. Review on appeal of decree as to. 1915B, 154. Conclusiveness of decree as to. 1915B, 154; 1916B, 977. Collateral attack on provisions of decree as to. 1916B, 977. DOCKS. See WHAEVES. DOCTORS. See PHYSICIANS AND SURGEONS. ~~ DOCUMENTARY EVIDENCE. See EVIDENCE. DOCUMENTS. Concealment of, by attorney, as ground for reprimand. 1917B, 378. Compelling production of. 1915B, 1052; 1037F, 1195. DOGS DOWER. 151 DOGS. Liability for killing of, or injury to, see ANIMALS. Liability for injuries by, see ANIMALS. Trailing of criminal with bloodhounds, see BLOODHOUNDS. DOMESTIC RELATIONS. See DIVORCE AND SEPARATION; HUSBAND AND WIFE; INFANTS; MARRIAGE; MAS- TEB AND SERVANT; PARENT AND CHILD. DOMESTIC SERVICE. Annotations. Who is a domestic servant within mean- ing of Workmen's Compensation Act. 1917D, 147. As a necessary within statute render- ing wife or her property liable therefor. 1917F, S63. Effect of exclusion of, from operation of Workmen's Compensation Act. 1916D, 412; 1917D, 1, 15. Evidence as to wages to be paid under con- tract for. 1915C, 1208. Implied contract for extra compensation to household servant on increase in size of family. 1917D, 809. Opinion evidence as to value of. 1917D, 809. DOMICIL. For purposes of divorce suit, see DIVORCE AND SEPARATION. Annotations. Extrat rritorial effect of judgment fix- ing domicil. 1917C, 185. Domicil or residence for taxation as affected by purpose to obtain school facilities. 1917 A, 29O. Going to another state, county, or dis- trict to teach school or preach, as effecting a change of domicil or residence. 19 17 A, 294. Hiring room in hotel or lodging house as effecting domicil or residence. 1917D, 788. Estoppel as to. 1917E, 490. Jurisdiction of probate court to determine domicil of testator. 1916A, 718. Conclusiveness of judgment determining. 1917C, 171. Sufficiency of proof of. 1916A, 718. Definition of. 1917E, 490. Of married woman. 191BE, 1115. Of deserted wife. 1917B, 1028. For purpose of independent suit for alimony. 1917E, 490 Residence for purpose of election. 1917A, 291. Retention of domicil of origin until another is acquired. 1916E, 1115. Forfeiture for absence on business of the United States. 1916E, 1115. Change of; intention. 1917 A, 285, 291; 1917C, 171; 1917D, 785; 1917E, 490. DONATION. Of public money, see PUBLIC MONEYS. In general, see GIFT. DOORWAY. Annotation. Contributory negligence in walking through doorway leading to place of danger. 1917D, 892. DORMANT JUDGMENT. Time for revival of. 1916E, 735. DOUBLE TAXATION. What constitutes generally. 1915C, 386; 1916E, 404. In case of inheritance tax. 1915D, 450; 1916A, 837. DOUBTFUL TITLES. Special performance of contract in case of, see SPECIFIC PERFORMANCE. DOWER. Election between dower and provisions of will, see WILLS. Annotation. Right of vendee to specific performance -with abatement from purchase price because of dower claim. 1917F, 597. Inheritance tax on. 191 6C, 670; 1917F, 436. Burden of establishing defense in action for. 1916C, 707. Effect of murder of husband by wife. 1916K, 593. Covenant of woman who signs husband's warranty deed to convey her dower in- terest, as one running with the land 1916D, 611. Diminution of purchase price by value of, in action for specific performance of con- tract to convey real estate. 1915C, 367. 152 DRAFTS DROVERS. DRAFTS. Attached to bills of lading, see BILLS OF LADING. In general, see BILLS AND NOTES. DRAINAGE DISTRICT. Personal liability of commissioners of, on undertaking to indemnify surety on bond. 1915A, 853. Liability for cost of construction of bridge across drainage ditch. 1915D, 249. Right of, to take property without com- pensation in exercise of police power. 1915B, 486. DRAINS AND SEWERS. In general. As to drainage districts, see DRAINAGE DIS- TRICTS. Municipal liability for injury resulting from, see MUNICIPAL CORPORATIONS. Drainage of surface waters, see WATERS. Right of one granting easement for con- struction of water conduit to construct sewer above it. 1915E, 432. Liability for cost of construction of bridge across drainage ditch. 1915D, 249. Power of municipality to contract for con- struction of sewer. 1915A, 982. Ratification of contract by municipality as to sewer. 1915A, 982. Estoppel of municipality to deny liability to pay for sewer. 1915A, 982. Injury by open drain across highway. 1916F, 704. Recovery for consequential injury resulting from construction of. 1916F, 897. Measure of damages for injury to land by construction of sewer. 1916E, 983. Injunctive "elief against drain constituting a nuisance. 1916D, 426. Municipal liability for nuisance resulting from sewage disposal plant. 1917C, 1046. Pollution of water by sewage. 1915A, 282; 1916F, 189. Depreciation of property by construction of sewage disposal plant as a "taking." 1917C, 1046. Spreading of noxious odors by sewage dis- posal plant as a damaging of property for which compensation must be made. 1917D, 683. Right to compensation for injury to lateral support by negligent construction of sewer trench. 1917E, 574. Injury to gas mains laid in street resulting from construction of sewer. 1917E, 1092. Assessments. Effect of judgment in plaintiff's favor in suit against city to enjoin collection of assessment because contract was not properly made, to defeat action by con- tractor against city for value of work. 1915A, 982. Assessments as a taking of private prop- erty for public use without compensa- tion. 1915D, 249. Liability of county; payment- out of funds raised by general taxation. 1915D, 249. Necessity of benefits. 1915D, 249. Assessment of railroad right of way for con- struction of. 1915A, 129. DRAWING. Of grand jury, see GRAND JURY. DRAYS. See VEHICLES. DREDGE. Dredge warranted on sale of. 1915B, 477. DRESSMAKING ESTABLISHMENT. Application to, of statute limiting hours of labor. 19170,922. DRILLS. Claim for, as within protection of contract- or's bond. 1917A, 336. DRIVER. Imputing negligence of, to passenger. 1915A, 761; 1915B, 953; 1915C, 419 -, 1916A, 1111; 1917A, 543; 1917E, 405; 1917F, 444. DROUGHT. As excuse for nonperformance of contract. 1917A, 648. DROVERS. Liability of carrier for injury to caretaker of live stock during transportation. 1917F, 1128. DROWNING DURESS. 153 DROWNING. Annotation. Contributory negligence of children drowned in pond, reservoir, etc. 1917F, 1O9. Recovery under Workmen's Compensation Act for death of employee by. 1916A, 10. Of child, liability for, generally. 1915A, 150, 731; 1915D, 850; 1916D, 443. DRUGS AND DRUGGISTS. . Annotation. Reformation as affecting right to di- vorce on ground of use of drugs. 1917D, 364:. Divorce on the ground of habitual use of drug; reformation as defense. 1917D, 361. Wife's right of action for unlawful sale of opium to husband. 1917D, 732. Bequest of drug store as passing the money rights and credits of the concern. 1917D, 426. Pleading in prosecution for fraudulent state- ments as to drugs. 1916D, 164. False statements on label or package as to curative effect of drugs. 1916D, 164. Making misbranded drugs contraband of in- terstate commerce. 1916D, 164. DRUNKENNESS. Annotations. Intoxication of person operating auto- mobile. 1917A, 313. Reformation as affecting right to di- vorce on ground of. 1917D, 364. Liability for injury to child on sidewalk by rightful ejection of drunken man from saloon. 1917E, 271. Validity of contract by intoxicated person. 1915B, 1121; 1915E, 465. Ratification of contracts made while in- toxicated. 1915B, 1121. As affecting criminal responsibility. 1915E, 1031. Question for jury whether one who killed another while drunk had sufficient ca- pacity to make act intentional. 1915A, 538. Attempt by one refused ticket because he was believed to be intoxicated to board moving train. 1916F, 543. Effect of, on liability for negligence. 1917A, 306. Of person injured, effect on right of recov- ery generally. 1916B, 981; 1917A, 306; 1917C, 464. Effect of, on servant's right to recover for injury. 1916F, 95. Contributory negligence in riding in auto- mobile with knowledge that chauffeur is drunk. 1915E, 588. Effect of, on right to recover under Work- men's Compensation Act. 1916A, 348; 1917D, 15. Denying alcoholism after injury as wilful misconduct within meaning of Work- men's Compensation Act. 1916F, 955. Of passenger, effect on carriers' duty. 1916F, 484; 1917E, 663. Of passenger, effect on right to eject for failure to pay fare. 1915C, 148. Duty to warn street car conductors of dan- ger from intoxicated passengers. 1916E, 332. DUCKS. Exemption of. 3f)16B, 786. DUE PROCESS OF LAW. See CONSTITUTIONAL LAW. * DUES. From member of benefit society, see IN- SUEANCE. DUMMY CORPORATIONS. Organization of, by owner of quarry to avoid liability for injury to employees. 1916D, 311. DUPLEX RESIDENCES. Restrictive covenants as to. 1917A, 333. DUPLICITY. Indictment, see INDICTMENT, ETC. In plea to indictment. 191 7B, 608. DURESS. Annotation. As ground of attack, on divorce decree. 1917B, 4:57. Sufficiency of plea of. 1917D, 440. Evidence as to, in prosecution for perjury. 1917C, 52. Threat to enforce claim by civil action. 1915B, 1; 1917F, 579. 154 DURESS EASEMENTS. Threat of criminal prosecution of self. 1915D, 1122. Threat or fear of criminal prosecution of third person. 1915D, 1118, 1122; 1917B, 684; 1917D, 1170. Recovery back of payments made under. 1916B, 667. Fact that marriage was induced by duress as ground for divorce. 1916E, 648. Annulment of marriage for. 1915F, 977. In demanding premium for acceptance of sum due on long time loan and release of security. 1915B, 498. DUST. Right to recover for, in condemnation pro- ceedings. 1915A, 887; 1915E, 634. DUTIES. Import and export duties as regulation of commerce, see COMMERCE. DUTY. Presumption and burden of proof as to per- formance of. 1916D, 503. DWELLING. In general, see BUILDINGS. Homicide in defense of. 1915A, 73. Condemnation of. 1916A, 1079. Apartment house as dwelling house. 1915F, 651. DYING DECLARATIONS. Admissibility of, see EVIDENCE. DYNAMITE. Use of, in blasting, see BLASTING. In general, see EXPLOSIONS AND EXPLOSIVES. Annotation. Keeping of, on insured premises. 1917C, 278. Mechanic's lien for. 1915B, 708. As a nuisance. 1916B, 716. Aiding and abetting negligent storage of. 1917F, 621. Negligent storage of, as proximate cause of injury. 1917F, 621. Liability for injury to child by. 1915F, 638; 1917C, 429. Liability for injury to property by explo- sion of, during transportation. 1916B, 716. Injury to vessel by explosion of dyna- mite at pier. 1916B, 716. EARNING CAPACITY. Measure of damages for impairment of. 1916E, 464. Effect of marriage of woman after negli- 4 gent injury on right to recover damages for loss of time and earning capacity. 1916C, 589. Consideration of earning capacity in fixing value of franchise for rate-making pur- poses. 1917B, 930. EARNINGS. Annotation. Computation of average earnings un- .der Workmen's Compensation Act. 1917D, 175. Determination of average earnings as basis of award under Workmen's Compensa- tion Act. 1916A, 371; 1917E, 277, 765. Loss of, as element of damages. 1917A, 306. EASEMENTS. In general. Creation; how acquired. in general. by prescription as appurtenant; by necessity. Extent of rights; duration. How lost. In general. Annotation. Interference 'with view. 1917C, 1135. Imputing notice of. 1916D, 7. Duty of purchaser, at tax sale to comply with bid for property which is subject to easements. 1915D, 1115. Validity of unrecorded deed for railroad right of way as against subsequent pur- chaser of servient land. 1916B, (553. Who may enforce covenant creating ease- ment of light and air. 1917A, 524. Injunction against attempted use of w - y under claim of easement. 1915C, 345. Injunction against infringement of. 1917A, 524. Creation; how acquired. in general. Creation of easement by deed to lot in pub- lic cemetery. 1915E, 1168. EASEMENTS ELECTION . 155 Construction of irrigation ditch under parol license where licensee was given a permanent right of way until recla- mation service should provide other means for conducting water to the land of licensee. 3915E, 605. by prescription. Easement of eaves drip. 1916A, 689. as appurtenant; by necessity. Conveyance of portion of tract with pipe line for water supply crossing remain- ing property. 1916C, 355. Effect of possibility of securing water sup- ply under right of eminent domain on right to easement for water pipes. 1915C, 355. Easement of way. 1915C, 345. Of eaves drip. 1916A, 689. Extent of rights; duration. Annotation. Easement of way as including the right to lay pipes. 1917F, 449. Estoppel as to. 1915C, 345. Eight of one granting easement for construc- tion of water conduit to construct sewer above it. 1915E, 432. Right to ingress and egress along private way as giving right to lay pipes for water supply. 1915C, 355; 1917F, 446. Duration of easement across portion of building decreed to party in partition proceedings "so long as such building shall stand," where deed subsequently given by owner of the servient tene- ment to the holder of the dominant tenement recited an easement to him, "his heirs and assigns forever." 1916D, 7. How lost. Annotation. Change in r^iaracter or use of dominant tenement as affecting easement. 19 17 A, 528. Extinguishment of easement created in favor of church lot by conversion of the church building into a business house. 1917A, 524. Effect of tax sale to cut off easements of ad- joining property owners. 1915D, 1115. EAVES DRIP. Easement of. 1916A, 689. EEUCATIONAL FACILITIES. Moving to secure, as effecting change of domicil. 1917A, 285. EDUCATIONAL INSTITUTIONS. See SCHOOLS. EFFECT. Sufficiency of proof of, see EVIDENCE. EGGS. Requiring one selling imported eggs to an- nounce that they are imported. 1916E, 1180. EGRESS. Easement of. 1915C, 355. Recovery for interference with egress from store. 1916D, 358. EIGHT-HOUR LAW. See MASTER AND SEBVANT. EJECTION. Of passenger or trespasser, see CARRIEBS. Of man from saloon; injury to third person by. 1917E, 271. Of patron from theater. 1915B, 1119. EJECTMENT. In general; when proper remedy. Estoppel to sue in ejectment. 1916B, 653. By husband for wife's property. 1915D, 996. To recover land wrongfully taken for rail- road tracks. 1916B, 653. Title and defenses. Necessity that plaintiff show his right to possession. 1915A, 200. Necessity of demand or re-entry. 1915A, 679. Relief; judgment. Necessity that successful plaintiff reimburse defendant for amount expended in pay- ing off mortgages. 1915F, 771. ELECTION. Of officers, see OFFICERS. Between counts, see TRIAL. To take under will, see WILLS. 156 ELECTION OF REMEDIES ELECTIONS. ELECTION OF REMEDIES. Choice. Effect; pursuing two remedies. Effect of splitting action, see ACTIOH OB SUIT. Choice. Annotation. Exclusiveness of remedy furnished by Workmen's Compensation Acts. 1917D, 93. Effect of other remedy on right to man- damus. 1J17F, 912. Election of remedy by one dealing with re- ceiver acting without authority as against successor legally appointed. 1916C, 516. On conditional sale contract. 1916A, 922; 1916E, 613, 615. Tort or contract. 1917B, 787. Filing bill to cancel contract for fraud as bar to action for damages for its breach. 1917D, 652. For breach of conditions as to delivery of papers deposited in escrow. 1917E, 901. Effect; pursuing two remedies. As to estoppel by inconsistent acts or claims in judicial proceedings, see ESTOPPEL. Bar of former judgment, see JUDGMENT. Bringing suit not prosecuted to judg- ment as a conclusive election of remedies. 1917D, 657. Principal's collecting or attempting to collect proceeds of contract from agent as precluding assertion, as against the other party to the con- tract, of the agent's fraud or lack of authority. 1917D, 7O1. Suit on alleged cause of action that does not in fact exist as an election of reme- dies. 1915B, 1179. Provisions in lease accelerating maturity of future rents and giving lessor right to possession upon default in payment or upon insolvency of lessee as alternative or concurrent. 1916B, 1099. Contracts procured by fraud. 1915F, 962. Presentation of claim in bankruptcy against vendor as bar to recovery in action against third parties ultimately respon- sible for vendee's loss. 1916C, 429. Right of seller who has refused to permit buyer to reject goods to acquiesce there- in after bankruptcy of buyer. 1916A, 634 Exercise by vendor of right to declare for- feiture of contract followed by decree of foreclosure as precluding recovery of overdue instalments. 191 6C, 886. Right of indorsee of notes given for purchase price of automobile who retakes car on failure to pay matured note, to bring a suit on the notes. 1917F, 462. Acceptance by injured employee of compen- sation from employer for physician's services as bar to action for malpractice against physician. 1917A, 392. Election to proceed against principal as bar to action against agent. I917B, 222. Bringing of suit by principal against agent to recover proceeds of sale of her prop- erty by agent as bar to suit to cancel the deed for agent's fraud. 1917D, 697. ELECTIONS. In general. Qualifications of voters. Ballots. Result; canvassing. Election frauds; crimes. Nominations; primaries; political committees. in general. primary elections. Contests. On question of issuance of municipal bonds, see BONDS. At stockholders' meeting, see CORPORATIONS. Of remedies, see ELECTION OF REMEDIES. As to initiative or referendum, see INITIA- TIVE, REFERENDUM, AND RECALL. As to local option elections, fi^a INTOXI- CATING LIQUORS. Mandamus concerning, see MANDAMUS. Of officers generally, see OFFICERS. In general. Right of taxpayer to maintain action against state election official to prevent waste of public funds. 1915D, 485. Judicial notice as to. 1915B, 788. Special legislation as to. 1915A, 1190. Retrospective operation of statute as to. 1915A, 1009. Validity of provision for preferential vot- ing. 1915B, 401; 1916B, 931. Effect of provision for preferential voting on voter's right to vote for persons other than regularly nominated candidates. 1915B, 401. Vote of municipality for incurring indebted- ness. 1915 A, 904; 1915D, 978. Conspiracy to deprive citizens of right to vote. 1916A, 1124. Qualifications of voters. Partial invaliditv of act prescribing qualifi- cations. 1916A, 1124. Residence. 1917A, 291. Discrimination against negroes. 1916A, 1124. Right of women to vote, generally. 1915F, 898. ELECTIONS ELECTRICITY. 157 Validity of statutes conferring suffrage upon women. 1915B, 247. Effect on right to suffrage of woman's mar- riage to alien. 1916D, 127. Ballots. Persons entitled to place on ballot. 1915A, 1190. Use of voting machines in casting. 1915C, 513. Marking choice. 1917A, 211. Result; canvass! UK. Writ of error to review canvass. 1917B, 723. Who may maintain action to determine re- sult of election. 1915D, 485. Conclusiveness of certificate of election in mandamus to secure office. 1915A, 832. Validity of provision for preferential vot- ing. 1915B, 401; 1916B, 931. Result of local option election. 1915C, 513. Election frauds; crimes. Annotation. Delegation to judiciary of investigation of election frauds. 1917D, 104:6. Implied withdrawal of offenses from opera- tion of statute. 1916A, 1124. Statute authorizing judge to investigate. 1917D, 1040. Corrupt Practices Act; offer by candidate to take only pprt of salary if elected. 1917B, 191. Violation of Corrupt Practices Act as ground of contest of election. 1917B, 191. Instructions in prosecution for conspiracy to deprive negroes of right to vote. 1916A, 1124. Nominations; primaries; political committees. in general. Annotation. Mandamus as a proper remedy to en- force duties unth respect to nomi- nations. 1917E, 48O. Abolition of party nominations for the office of judge. 1915A, 1190. Imposition of fee for filing candidate's nomination. 1915B, 197. primary elections. Annotation. Constitutionality of primary election laws. 1917 A, 259. Writ of error to review canvass of primary election returns. 1917B, 723. Appeal from decision in primary election contest. 1917B, 723. Failure to give notice of primary election contest. 1917B, 723. Primary election as public purpose for whicl taxes may be levied. 1917B, 253. Candidate's withdrawal of name. 1917A, 996. Effect of disapproval of one whose name is sought to be placed upon presidential nominating ballot. 1916E, 706. Validity of primary election law. 1915A, 1190; 1917A, 253; 1917B, 718, 723. Contests. Contest of quo warranto, see Qtro WAK- EANTO. Failure to give notice of primary contest. 1917B, 723. Appeal from decision in contest. 1917B, 723. Presumption and burden of proof. 1917B, 191. Right to send contest to law court on report. 1917A, 211. Accepting count as made by the election officers rather than that found at the time of election contest. 1917A, 211. Discarding ballot about which judges are equally divided in opinion. 1917A, 211. Violation of Corrupt Practices Act as ground of contest. 1917B, 191. Right of successful candidate in election contested because of his offer, if elect- ed, to accept part only of salary of of- fice, to question constitutionality of the salary act. 1917B, 191. ELECTRIC BELL. At railroad crossing. 1917C, 978. ELECTRICITY. In general. Injuries resulting from. in general. contributory negligence of per- son injured. In general. As to electric lights, see ELECTRIC LIGHT. Pcwer of city as to electric lighting general- ly, see MUNICIPAL CORPORATIONS. Implied warranty on sale of wire for elec- tric transmission. 1915B, 900. Opinion evidence that fire was caused by lightning following electric wire. 1915A, 1045. Liability of corporation organized to gene- rate, for injury to lower riparian owner by increasing flow of stream. 1915E, 294. Right to carry electric wires over railroad at street crossing. 1915B, 822. Interference with electric wires by moving building along street. 1917C, 772. Right to maintain poles and wires in high- way. 1917D, 660. 358 ELECTRICITY ELEVATORS. Who must bear cost of altering apparatus of consumers upon change in character of current. 1915B, 897. Estoppel by mistake in bill rendered con- sumer of electric power. 1915B, 711. Effect of tender of amount by consumer on right to discontinue service for delay in paying bills. 1917C, 374. Injuries resulting from. in general. Annotation. Applicability of res ipsa loquitur in case of injury to servant by electri- cal appliances. 1917E, 248. Sufficiency of proof of negligence. 1917E, 258. Review of discretionary rulings as to ad- mission of evidence. 191 7E, 258. Measure of damages for injury. 1917E, 258. Injury to patron of electric light company by electricity generated by thunder storm and conducted into residence by wires. 1915C, 570. Insulation. 1915C, 151, 405; 1917E, 242, 258. Injury by wires in street. 1915D, 560; 1917E, 258. Municipal liability. 1915E, 316; 1916D, 3064. Injury to licensee or employees of third per- sons. 1915A, 510; 1915B, 1127; 1915E, 316. Master's duty as to electrical uses and appli- ances. 1916C, 1270; 1916D, 962; 1917E, 242. Injury to trespassers. 1915A, 510; 1915C, 151, 405; 1917B, 1291. contributory negligence of person injured. Annotation. Contributory negligence of children. 1917F, 1OO. ELECTRIC LIGHTS. Power of city as to electric lighting general- ly, see MUNICIPAL CORPORATIONS. See also ELECTRIC WIRES. Annotation. Duty to change location of electric light poles in street or higihivay. 1917D, 603. Effect of tender of amount by consumer on right to discontinue service for delay in paying bills. 1917C, 374. Estoppel by mistake in bill rendered con- sumer of electric power. 1915B, 711. Who must bear cost of altering apparatus of consumers upon change in character of current. 1915B, 897. Due process in regulating rates. 1916E, 358. Order of railroad commission fixing maxi- mum rates as ex post facto law. litldK, 358. Applying order of commission fixing rates to customer who has contracted for lower rate. 1916E, 358. Sufficiency of evidence to sustain finding that cutting of electric wires during fire was proximate cause of loss of property. 1916D, 447. Right of company to sever wires to store in case of fire. 1916D, 447. Ejection of tenant by failure to furnish. 1916E, 739. Liability of landlord to electric light com- pany for requiring tenants to discon- tinue such company's service. 1916B, 813. When right of action for sickness caused by operation of permanent electric light plant arises. 1916E, 960. ELECTRIC LIGHT WIRE AND BULBS. Claim for, as within protection of contract- or's bond. 1917A, 336. ELECTRIC RAILWAYS. In general, see STREET RAILWAYS. ELECTRIC WIRES. In general, see ELECTRICITY. Implied warranty on sale of wire for trans- mission of electricity. 1915B, 900. Right to carry electric wires over railroad at street crossing. 1915B, 822. Right to maintain in highway. 1917D, 660. Interference with, by moving building along street. 1917C, 772. Claim for, as within protection of contract- or's bond. 1917A, 336. ELEEMOSYNARY INSTITUTIONS. See CHARITIES. ELEVATORS. Grain elevators. Freight and passenger elevators. Grain elevators. Recovery by elevator company against its manager for money collected by him for use of its scales. ' 1916D, 777* ELEVATORS EMBEZZLE ME.N T. Separate taxation of elevator sites on rail- road right of way. 1916E, 404. Freight and passenger elevators. Annotations. Responsibility of general employer for negligence of employee in operat- ing elevator for convenience of \vorkmen not in former's employ. 1917E, 964. Contributory negligence of children on or about elevators. 1917F, 195. Attempt of one insured as proprietor of trucking business to operate elevator as increase of risk. 1915D, 312. Recovery under Workmen's Compensation Act for injury in operation of elevator. 191 6A, 17. Liability of agent for negligence as to. 1915E, 721. Husband's liability for wife's negligence as to. 1915D, 847. Liability of owner of passenger elevator for negligence of manufacturer of the appa- ratus. 1915D, 305. Liability of one maintaining elevator for negligence of persons employed to in- spect it. 1916C, 1245. Decree of care required of one maintaining pasrsenger elevator. 1915E, 721; 1915F, 260, 782. Liability of owner of passenger elevator as that of common carrier. 1915D, 305. Presumption and burden of proof as to negligence. 1915D, 305. Error in admission of evidence in action for injury. 1915D, 305. Sufficiency of proof of negligence. 1915E, 745; 1916C, 1245. Fact that elevator drops several feet as pas- senger is about to enter, a proof of negligence. 1916B, 1284. Operating elevator without a call bell in un- finished building not open to the public. 1915E, 740. Negligence of owner of apartment house as to automatic elevator. 1917E, 696. Unguarded wells or shafts. 19.1 5B, 364; 1915E, 500, 721; 1917E, 696. Injury to independent contractor working upon elevator shaft because of failure of operator to keep his promise not to let the car descend below a certain floor without permission from the con- tractor. 1917E, 961. Operator of elevator as fellow servant of stenographer riding thereon. 1915F, 782. Contributory negligence. 1915E, 500, 721, 740; 1917E, 696; 1917F, 187, 260. ELIGIBILITY. To judicial office, see JUDGES. Of officers generally, see OFFICERS. ELISORS. Appointment of, to select grand jury. 1917C, 217. ELKS. Injunction to restrain use of corporate name of which the word "Elks" forms a part. 1915B, 1074. EMANCIPATION. Of minor child, effect on father's liability for necessaries. 1916B, 1111; 1917B, 690. EMBANKMENT. Diversion or obstruction of water by, see RAILROADS. Annotation. Contributory negligence of child in- jured by fall of. 1917F, 1O5. Increasing overflow of water by. 700. 1915C, EMBARGO. Annotations. On exportation of arms to Mexico, in- dictment for violating. 1917 A t 281. Effect of insertion of unauthorized pro- visions in embargo bond. 1917B,. 996. EMBEZZLEMENT. Annotations. Title of one who takes money front an embezzler. 19 17 A, 7O7. Proof of corpus delicti. 1917 A, 1289. Proof of mere failure to pay over mon- ey. 1917B, 1266. Agreement to recompense one whose prop- erty has been stolen or embezzled. 1915E, 139. Cancelation of deeds and notes given by wife of bank cashier to save him from prosecution for embezzlement. 1917D, 1170. Existence of trust in property embezzled. 1915B, 442. Trust in homestead purchased with fund* misappropriated from employer. 1916C, 578. 160 EMBEZZLEMENT EMINENT DOMAIN. Presumption and burden of proof in prose- cution for. 1917B, 1261. Evidence in prosecution for. 1915A, 430. Duplicity in plea to indictment for. 1917B, 608. Liability of bank for embezzlement of de- posit by officers. 1917A, 519. Fraudulent conversion as essential element of. 1917B, 1261. Proof of corpus delicti. 1917A, 1287. By corporate officer in taking money under the guise of salary with intent of em- bezzling it. 1917B, 608. Taking funds in good faith in belief that owner was indebted to the one taking them. 1917A, 1287. By mere failure to pay over money without demand. 1917B, 1261. Liability as for embezzlement of one who, having borrowed money for certain pur- pose under agreement to return it at certain time, applies the money to an- other purpose and fails to return it. 1916F, 90. EMBLEMENTS. See CBOPS. EMERGENCY. Annotations. Contributory negligence of child in emergency. 1917F, 1O4. Contributory negligence of children on or about railroad trades in emer- gency. 1917F, 162. Contributory negligence of person acting in. 1915E, 991; 1917D, 962. EMINENT DOMAIN. In general. Who may exercise. What may be taken. For what purpose. Procedure. in general. trial; judgment; award. appeal; new trial. Rights and remedies of owners gener- ally. What constitutes a taking of, or in- jury to, property. Right to compensation. necessity of making compensa- tion. to whom the compensation must be paid. payment or security. Consequential injuries. in general. by construction and operation of railroad. as to streets or highways. In general. Measure of damages in condemnation pro- ceedings, see DAMAGES. Necessity of exercise of, before laying street railway tracks across railroad. 1915D, 843. Effect of possibility of securing water sup- ply under right of eminent domain on right to easement for water pipes. 1915C, 355. Who may exercise. Who is a common carrier entitled to exer- cise power of eminent domain. 1916B, 1089. What may be taken. Application to dwelling in possession of ten- ant of exemption of dwelling house from condemnation. 1916A, 1079. For what purpose. Annotation. For purposes of logging road or log- ging railroad. 1917 A, 1O2. Development by private corporation of tract of timber. 19 17 A, 94. Acquisition of natural oyster beds for pur- pose of public fisheries. 1915E, 443. Private road. 1916B, 1089. Irrigation of lands in other state. 191GC, 1275. Procedure. in general. Time for filing claim for damages. 1916B, 1193. Notice. 1916B, 1193. Parties defendant. 1916F, 592. Cross-examination of witnesses. 1916D, 1074. Prejudicial error in remarks of judge. 1916E, 420. Prejudicial error in admission of evidence. 1916E, 420. Discontinuance of proceedings. 1916C, 641. trial; judgment; award. Annotation. ConcJusiveness of judgment or order in condemnation proceedings as a set- tlement of rival claims to the award. 19 17 A, 69O. What concluded by judgment. 1917A, 685. Who concluded by jrdjrment. 19] 7A, 685. Effect of judgment to settle rival claims to award. 1917A, 685. Liability of claimant to whom award has been paid, to other claimant. 1917A, 685. Propriety of decree fixing time for removal of building, etc., where the whole prop- erty is condemned. 1917E, 559. Failure to provide for payment of award. 1916F, 592. EMINENT DOMAIJS. 161 Interest on amount of rewari. 1916A, 1079 ; 1916C, 1106; 1916F, 969. Action to recover the amount due upon the award as proper remedy for one whose property has been taken. 1916C, 1106. appeal; new trial. Raising question for first time in appellate court. 1917A, 685. Review on appeal of findings of trial court. 1917A, 685. Dismissal of appeal from commissioners to court because bond was not signed by all appellants. 1916E, 420. Rights and remedies of owners gen- erally. Measure of damages in condemnation cases, see DAMAGES. Action for compensation as for a taking as proper remedy rather than action for nuisance. 1917B, 329. Proceeding under condemnation statute by one whose property is injured by sewage turned into stream by municipality, to secure compensation or compel munici- pality to condemn the right. 1915A, 282. Action to recover the amount due upon the award as proper remedy for one whose property has been taken. 1916C, 1106. What constitutes a taking of, or in- jury to, property. As to necessity of making compensation gen- erally, see infra. As to consequential injuries from "taking," see infra. Annotations. Removal of lateral support as consti- tuting damage or injury within meaning of constitutional provision against taking, damaging, or injur- ing property for public use without compensation. 1917E, 576. Requiring connection or joint use of properties of public service corpo- rations as a taking for which com- pensation must be made. 1917 E, 1OS3. Sale of corporate property by majority stockholders to effect dissolution of cor- poration as a "taking" of the property of minority stockholders. 1917A, 1174. Destruction by legislative authority of trees affected by disease. 1917C, 894. Destruction of fruit affected with disease. 1915F, 894. Depreciation of property by construction of sewage disposal plant. 1917C, 1046. Spreading of noxious odors by sewage dis- posal system. 1917D, 683. Injury 4 to property bv smoke and cinders. 1915E, 623. Imposition on owner of irrigation ditch of . expense of constructing and maintain- J ing bridge. 1015E, 687. L.R.A. Tri. Index 1915-17. 11. Requiring reconstruction of railroad bridge and approaches made necessary by building of levee to confine flood waters. 1916F, 1181. Requiring railroad company to widen span 'of bridge. 1915B, 486. Paying expense of drainage ditch assessed against county by special assessments against property owners as a taking. 1915D, 249. Requiring enlargement of plant of public service corporation so that rates al- lowed will not give a fair rate on in- vestment. 1916F, 756. Applying order of commission fixing rates to customer who has contracted for lower rate. 1916E, 358. Requiring telephone company to permit rival to connect with, its long distance lines. 1916E, 748. Requiring consumer of water to pay cost of meters. 1915A, 320. Right to compensation. necessity of making compensation. What constitutes a "taking" for which com- pensation must be made, see supra. As to consequential injuries from "taking," see infra. Amount of recovery, see DAMAGES. Annotation. Compensation for right of redemption where property is taken in condem- nation proceedings. 1917F, SOI. Right to take property without compensa- tion in exercise of police power. 1915B, 486. Constitutional provision as to, as prevent- ing Congress from conferring immunity from action for private nuisance. 1915A, 887. Application to Workmen's Compensation Law of constitutional provision against taking private property without com- pensation. 1916D, 412. Making failure to present claim a specified time before date fixed for hearing, a waiver thereof. 1916B, 1193. Sufficiency of notice to present claims for compensation. 1916B, 1193. What restrictions on use of property can be made without violating constitutional provision against deprivation of prop- ertv without compensation. 1917F, 1050. What is "property" which cannot be taken or damaged without compensation. 1916C, 981. Right to redeem from foreclosure sale as property distinct from the real^estate; damages for prevention of its exercise by flooding land so that money cannot be borrowed on it. 1917F, 790. For depreciation of property by permitting city dump to become a nuisance. 1915C, 747. Compensation for injury by operation of garbage incinerator authorized bv legis- lature. 1917B, 329. 162 EMINENT DOMAIN ENCUMBRANCES. Requiring coal to remain unmined under school building when right to mine was reserved in conveyance of the property. 1917E, 672. Right of owner of land lying between inner and outer levee to compensation for property destroyed by cutting of the outer levee by levee commissioners. 1916F, 1194. Right of water company to take water from stream without condemning right of ri- parian owners. 1916E, 981. Pollution of water by sewage. 1915A, 282. Taking rights or injuring property of abut- ting owner. 1915C, 981; 1915F, 1005; 1916D, 1074. to whom the compensation must be paid. Liability of claimant to whom award has been paid, to other claimant. 1917A, 685. Rights of entryman on public lands who has filed declaratory statement as against railroad company entering with- out condemnation. 1916F, 969. Tenants. 1917C, 420. payment or security. Failure to provide for payment of amount awarded before possession is taken. 1916F, 592. Consequential injuries. in general. As element of damages, see DAMAGES. Injury to property by concussion or vibra- tion from blast. 1916F, 897. by construction and operation of railroad. Remittitur on appeal of damages for inci- dental injuries. 1916E, 420. What is test of railroad company's liabil- ity for damages. 1917D, 317. Distinction between damages suffered by public generally and those suffered by owners of land immediately adjacent to tracks. 1916E, 420. Right of one owning individually land ad- joining another parcel in which he has an estate by entirety to recover for consequential injuries to the former on condemnation of railroad right of way through the latter. 1916D, 259. Right to recover for consequential injuries caused by structure properly located and operated but which constitutes a private nuisance. 1917D, 317. Unavoidable annoyance or injury as an ac- tionable nuisance. 191 6E, 623. Interference with view by change of grade of track to abolish grade crossing. 1917C, 1131. Exposure to fire and hazard to persons on the property of manufacturing plant through which road is constructed. 1916A, 1079. Smoke, cinders, dust, noise, and vibration. 1915A, 887; 1915E, 634. as to streets or highways. Injury to lateral support caused by negli- gence in constructing sewer trench. 1917E, 574. Establishment or change of grade. 1915A, 382; 1917C, 420, 1131. Railroad in. 1915D, 397; 1917C, 1131. Subway railroad in street. 1916A, 1290. EMPLOYEES. Bonds for fidelity of, see BONDS. Rights, duties and liabilities of, generally, see MASTEE AND SERVANT. EMPLOYER'S LIABILITY. See MASTER AND SERVANT. EMPLOYMENT AGENCIES. Annotation. Constitutionality of statute forbidding talcing of fee for securing employ- ment for another. 1917B, 12SO. Requiring private agencies to secure license. 1916E, 1146. Validity of statute forbidding the taking of fee or commission for securing em- ployment for workers. 1917B, 1276; 1917F, 1163. Construction of statute forbidding the tak- ing of a fee by. 1917B, 1276. ENACTING CLAUSE. Effect of absence of. 1915B, 1060. ENACTMENT. Of ordinance, see MUNICIPAL CORPORATIONS. Of statute, see STATUTES. ENCROACHMENTS. Effect of illegal encroachments on highway to render title to property unmarket- able. 1916A, 1176. ENCUMBRANCES. Covenants against, see COVENANTS AND CON- DITIONS. , On insured property, see INSURANCE. Conveyance of property subject to, see MORT- GAGE. Imputing notice of. 1916D, 7. ENFORCEMENT EQUITY. 163 ENFORCEMENT. Of covenants, see COVENANTS AND CONDI- TIONS. Of judgment, see JUDGMENT. ENGINE. Injury to child invited by engineer to ride on engine. 1915E, 888. Master's duty as to safety of. 1917F, 802. ENGINEER. See LOCOMOTIVE ENGINEER. ENLISTMENT. In militia, see MILITIA. . * ENROLLED BILL. Impeachment of. 1915D, 110; 1916E, 1251. Absence of signature of speaker, of house. 1915D, 119. ENTIRI3 CONTROVERS5T. Retaining jurisdiction to dispose of, see EQUITY. ENTIRETY. Of contracts, see CONTRACTS. Estate by, see HUSBAND AND WIFE. Of insurance contract, see INSURANCE. ENTRY. In books of account as evidence, see EVI- DENCE. Of judgment, see JUDGMENT. On public lands, see PUBLIC LANDS. EQUALITY. Of license tax, see LICENSE. In taxation, generally, see TAXES. EQUALIZATION. Of tax assessment, see TAXES. EQUAL PROTECTION AND PRIVI- LEGES. See CONSTITUTIONAL LAW. 4 - EQUITABLE ASSIGNMENT. See ASSIGNMENT. EQUITABLE CONVERSION. By wills, see WILLS. When lessor's interest is converted to per- sonalty under lease giving option to purchase on notice. 1916F, 352. EQUITABLE ESTOPPEL. See ESTOPPEL. EQUITY. EPILEPSY. Recovery tinder Workmen's Compensation Act for death by fall caused by epilep- tic seizure. 19i7E, 522. Assumption by epileptic servant of risk of seizure. 1915E, 369. In general. Jurisdiction. Equity principles. In general. As to quieting title, see CLOUD ON TITLE. Aid of, to participant in illegal contract, see CONTRACTS. Jurisdiction of courts generally, see COURTS. Jurisdiction in divorce suit, see DIVORCE AND SEPARATION. As to injunction, see INJUNCTION. Limitation of actions in, see LIMITATION OF ACTIONS. Reformation of instruments, see REFORMA- TION OF INSTRUMENTS. As to specific performance, see SPECIFIC PERFORMANCE. Subrogation in, see SUBROGATION. Review of decision in. 1915B, 475; 1917D, 361. Prejudicial error as to findings of court of. 1915C, 367. Right to jury trial in. 1915D, 209. Allegations for equitable relief. 1917B, 267. 164 EQUITY ESTATE TAIL. Whether action is one at law or in equity. 1917A, 336; 1917F, 692. Time for objection that cause is of equitable and not of legal cognizance. 1915D, 766. Time for interposing defenses in equity. 1917E, 490. Relief under prayer. 1915B, 881. Jurisdiction. Right of one invoking jurisdiction of equi- ty in controversy belonging exclusively to court of law, to raise question of jurisdiction on appeal. 1916B, 799. Limitations on exercise of jurisdiction' of court having general equity of jurisdic- tion. 1915E, 421. Necessity of resorting to equity to set aside release for mistake. 1916B, 769. Equitable remedy of chattel mortgagee seek- ing to recover possession of mortgaged property. 1916B, 1182. Of suit by employer to reach property into . which employee charged with care of gold dust has converted gold felonious- ly abstracted. 1915B, 442. Jurisdiction to dissolve corporation at suit of minority stockholders. 1915A, 606. Suit in equity to compel transfer of cor- porate stock on books of company. 1917A, 54. Action by receiver of insolvent bank to com- pel directors to account for loss caused by their negligence. 1917A, 971. Of suit to recover on life insurance policy notwithstanding attempted surrender by insured while insane. 1915A, 872. Of proceeding to determine right to com- pensation for pollution of stream by sewage. 1915A, 282. Equitable relief to property owner who be- cause of failure to receive notice of con- demnation proceedings fails to present claim for compensation within time pre- scribed by law. 1915B, 1193. Treating reply seeking relief for mistake from release pleaded in defense as a bill in equity. 1916B, 769. To prevent irreparable damage. 1915F, 1012. To avoid multiplicity of suits. 1915D, 788; 1915F, 1012. In case of trust. 1915B, 442 - r 1916B, 1073. Effect of remedy at law. 1916A, 965; 1916E, 718; 1917C, 75; 1917F, 744. Retaining jurisdiction. 1915A, 549; 1915D, 948; 1915F, 1012; 1917D, 357. Equity principles. Refusal of aid of equity to accomplish that which is in violation of public policy. 1917B, 1269. Accounting in action of ejectment. 1915F, 771. Right of equity to enforce lien of corpora- tion upon stock and dividends of one seeking its aid to compel payment of his dividends although claim on which lien is based is barred by limitations. 1917F, 1100. Coming into equity with clean hands. 1915A, 820; 1915B, 1052; 1916C, 218, 487; 1916D, 116. EROSION. Change of channel of stream by. 1916F, 403. ERROR. As to appellate review in general, see AP- PEAL AND ERROR. ESCROW. Annotation. Liability of depositary for wrongful delivery of escrow. 1917E, 9O7. Treating deed deposited in escrow as a mort- gage. 1915B, 492. Instrument in form of short warranty deed as a will where it is to be held in es- crow until death of grantor. 1917C, 964. Nature of estate conveyed by warranty deed to be held in escrow until death of grantor. 1917C, 964. Right to impose inheritance tax on convey- ance by deed placed in escrow by stat- ute passed after delivery of deed to custodian. 1917C, 961. Depository in escrow agreement as agent of both parties. 1916A, 493. Delivery of deeds deposited in escrow in violation of instructions. 1916A, 493 ; 1917E, 901. Substitutional compliance with stipulations of agreement. 1916A, 493. Acceptance of check in lieu of cash by de- pository. 1916A, 493. ESTATE. Joint estates or estates in common, see CO- TEN A NCT. By curtesy, see CUBTESY. As to dower, see DO\VER. By entirety, see HUSBAND AND \YiFE. In real property generally, see DEEDS; WILLS. ESTATE TAIL. See WILLS. ESTHETICS ESTOPPEL. 165 ESTHETICS. Annotation. Exercise of police power for esthetic purpose. 19 17 A, 122O. Validity of ordinance establishing building line for esthetic purpose. 1915C, 981. Offense to esthetic taste as ground for in- junction. 1916B, 1135. ESTIMATES. Statute requiring estimate of cost by coun- ty surveyor before letting of contract. 1915A, 198. ESTOPPEL. Of municipality. Of state. By deed. By bond or mortgage. By record. Equitable estoppel or estoppel in pais generally. Of married women. As to corporate existence or powers. By contracts or agreements generally. By conduct, request, or admissions generally. By assent. By laches, silence or acquiescence. in general. as to real property. By negligence or fraud. By inconsistency in acts, claims, etc. in general. as to title. acts or claims in judicial pro- ceeding. By receiving benefits. By character or relation of parties. Who affected. To raise question on appeal, see APPEAL AND ERROR. Of insured or beneficiary, see INSURANCE. Of insurance company, see INSURANCE. Of municipality. Estoppel to deny liability on bonds, see BONDS. Annotation. To object to transfer or mortgage of privilege to use streets for tele- graph, telephone, or other quasi public purjjose. 1917D, 711. Estoppel of municipality furnishing electric power by mistake in bill rendered ron- sumer. 1915B, 711. By receiving benefits. 1915A, 904. By laches, acquiescence, or recognition. 1915A, 982; 1915B, 1084; 1916B, 927; 1917C, 967. Of state. Power of insurance commission to estop state to enforce insurance laws. 1915B, 976. By delay. 1915C, 876; 1917A, 436. By deed. Of married woman. 1917D, 228. Of heirs. 1917D, 228. By recitals! 1915A, 200. By bond or mortgage. Estoppel as to municipal bonds, see BONDS. Estoppel by recitals in redelivery bond. 1915A, 1132. By record. Annotations. Estoppel of divorced spouse to attack divorce decree. 1917B, 499. Right of plaintiff in a suit in which a decree of sale was rendered to as- sert as against a purchaser there- under a title or interest not liti- gated in the suit. 1917C, SSS. Estoppel by presentation and allowance of account in bankruptcy proceeding. 1916C, 189. By judgment. 1917A, 1188. Equitable estoppel or estoppel in pais generally. Estoppel of municipality, county, or state, see supra. Estoppel by accord and satisfaction, see AC- CORD AND SATISFACTION. By election to attack under will, see WILLS. Annotations. Of divorced spouse to attach- divorce decree. 1917B, 499. To complain of insertion of unauthor- ised provisions in a bond required by statute. 1917B, 1OO1. RigJit of purchaser of land subject to a mortgage to question the valid- ity of the mortgage. 1O17C, 832. Raising question of, for first time on ap- peal. 1917A, 685. Necessity of pleading. 1915A, 288; 1916B, 697; 1917E, 539. Knowledge or reliance of other party. 1915A, 200. Of one purchasing land subject to mortgage to question the validity thereof. 1917C, 829. To set up fraud in discharge of mortgage. , 1916F. 418. To deny validity of change of beneficiary in insurance policy not made in accordance with by-laws. 1916E, 588. To claim an item of interest omitted by mistake from statement of account. 1916A, 568. 166 ESTOPPEL. Of partners to claim that discharge of part- nership in bankruptcy released its mem- bers. 1915F, 668. Of guardian to deny that he received the amount stated in his report of a sale of the ward's real estate. 1916A, 637. Of mutual benefit society to raise rates. 1916A, 750. As to validity of local improvement assess- ments. 1915D, 772. Estoppel of owner shipping property to a factor to reclaim it as against pur- chaser from factor. 1917B, 615. Inability of one whose exempt "property is seized under execution to give bond to stay seizure and sale, to estop him from thereafter attacking sale. 1917 F, 732. Of married women. By deed, see supra. Married woman subject to same rule of es- toppel as other persons. 1916C, 233. To assert invalidity of conveyance of home- stead by husband in which wife did not join. 1916C, 233. By permitting improvements or expendi- tures. 1916C, 233. As to corporate existence or powers. To set up defense of ultra vires, see COB- POEATIONS. To inquire into legal existence of de facto corporation. 1916C, 189. By contracts or agreements generally. By lease. 1915D, 467. Of irrigation company which has taken over the system of irrigation to set up fail- ure of predecessor to comply with con- tract with state. 1916F, 236. Of owner of property attached as that of another by receipt given to secure sur- render of the attached property by of- ficer. 1916F, 939. Estoppel of ward by release given to guar- dian. 1916E, 854. By conduct, request, 'or admissions generally. Estoppel by admission in pleading. 1916D, 792. By voluntary payment of judgment after appeal therefrom. 1917A, 1157. Estoppel of officer to claim fees by state- ment before election that he would not claim them. 1917B, 176. Of corporate officers to deny liability on note. 1916B, 672. Estoppel of guardian to deny that he re- ceived the amount stated in his report of a sale of the ward's real estate. 1916A, 637. Estoppel of property owner who directs broker to discontinue negotiations with prospective customer, and himself enters into a contract with such cus- tomer, to contest broker's right to com- mission. 1915A, 804. Estoppel of carrier to deny liability to transferee of forged bill of lading who relied upon a telegram by it to a brok- er, confirming receipt of goods corres- ponding to those described in the forged bill. 1916D, 709. Estoppel of one who assists in financing construction of artificial lake to com- plain of it as a nuisance. 1916E, 990. By as-,ent. To attack divorce decree. 1916F, 528. Estoppel of owner of property, who con- sents to construction near it of arti- ficial lake, to treat it as a nuisance. 1916E, 990. By laches, silence, or acquiescence. in general. Estoppel of municipality, see supra. Estoppel of state, see supra. Laches as bar to action generally, see LIMI- TATION OF ACTIONS. Raising question of, for first time on ap- peal. 1917A, 685. Effect of delay of one issuing check in pay- ment of forged note to assert his right to proceeds against bank collecting it. 1915B, 725. Estoppel of subscriber to charitable fund who permits work to progress in carry- ing on the enterprise without objec- tion. 1917F, 1132. Of railroad company which by long acqui- escence leads public to believe that per- son assuming to exercise its franchise has its consent so to do. 1917D, 344. Of bank to deny authority of president. 1915B, 1091. Of cotenant to deny authority of other co- tenant to obligate him to pay mort- gage. 1916D, 149. Of owner of property attached as that of another to set up his claim to it. 1916F, 939. as to real property. Annotation. Right of plaintiff in a suit in wTilcli a decree 'of sale was rendered to as- sert as against a purchaser there- iinder a title or interest not liti- gated in the suit. 1917C, 8SS. Estoppel to assert claim to land as against purchaser at judicial sale. 1917C, 838. Estoppel of vendee to seek rescission of con- tract for fraud in overvaluation of the property. 1915C, 613. Of mortgagee. 1916F, 1067. Of lessor. 191 5A, 288. Of tenant. 1915E, 822; 1916F, 1063. Permitting improvements or expenditures. 1915A, 288; 1916B, 653; 1916C, 233, 939, 1260. ESTOPPEL EVIDENCE. 167 By negligence or fraud. Annotation. failure to read contract as affecting right to assert fraud in respect thereto. 1917F, 637. Negligence generally. 191 6F, 418. Negligence as to commercial paper. 1915A, 166; 1915B, 815; 1915D, 741; 1916A, 629; 1916E, 690, 906; 1917F, 453. Negligence of next of kin in failing to dis- cover defalcation by administrator. 1915C, 518. Negligence in failing to read contract. ]917F, 633. Negligence in delivering unindorsed bonds into another's possession. 1916A, 629. Negligence of mortgagee in leaving mort- gage for safe-keeping with another per- son bearing his name. 1916B, 840. Negligence in failing to place land contract on record. 1916B, 1063. Fraud. 1915D, 939; 1916F, 418. By inconsistency in acts, claims, etc. in general. Of state, see supra. Annotation. Principal's collecting or attempting to collect proceeds of contract from agent as precluding assertion, as ago 'nst the other party to the con- truct, of the agent's fraud or laclc of authority. 1917D, 7O1. Estoppel of one issuing employer's liability insurance policy to insist on prepay- ment of judgment as condition of lia- bility, by assuming defense of the em- ployee's action. 1916D, 395. Estoppel of creditor filing proof of his claim against bankrupt corporation to assert individual liability of shareLolders. 191 6C, 189. Of property owner who has refused to pay broker's commission on one ground to shift his position and defend suit for the commissions on another ground. 191 7E, 1036. as to title. Waiver by conditional v-.idor of right to maintain action for injury to property by appearing as witness for vendee in action by latter. 1917D, 214. acts or claims in judicial proceed- ing. By suing on part of claim, see ACTION OB SUIT. By election of remedy, see ELECTION OF REMEDIES. Allegations as to domicil by man in action by him for divorce as estopping him in subsequent action by his wife for sep- arate maintenance. 1917E, 490. Estoppel of connecting carrier defending personal injury action under release from liability contained TB contract of initial carrier, to contend that its own tariff made this contract unlawful. 1917F, 1128. Estoppel of grantee claiming absolute right of way across grantor's remaining property to claim benefit of less right admitted by the grantor. 1915C, 345. Of legatee to contest validity of illusory ap- pointment by will. 1916D, 493. To attack divorce decree. 1916F, 528. By receiving benefits. Of municipality, see supra. Estoppel of employer voluntarily accepting Workmen's Compensation Act to deny its validity. 1916A, 374. Estoppel of one accepting benefits of contract to set up illegality thereof. 1915B, 925. Estoppel of woman accepting benefits of divorce decree to maintain independent suit for alimony in other state. 1915E, 421. Of corporation to deny liability on contract of promoters. 191 6E, 1165. Effect of receiving benefits to estop bank from denying authority of cashier. 1917A, 1021. Estoppel to assert title to land as against purchaser at judicial sale by acceptance of proceeds of the sale. 19170, 883. Acceptance of dividend from receiver of in- solvent bank upon demand for return of check deposited after bank closed it". doors as waiver of depositor's right of preference. 1917D, 1002. By character or relation of parties. Of tenant. 1916E, 696. Purchasers. 1916F, 1024. Who affected. Principal by acts of agent. 1917A, 519; 1917D, 1049. Heirs. 1916B, 1139. EVICTION. Of tenant. 1915C, 649; 1916C, 491; 1916E, 739; 1917C, 929, 931; 1917F, 713, 1086. EVIDENCE. In general. Judicial notice. in general; laws and ordinances. official and judicial acts. political and historical matters. Presumptions and burden of proof. in general; laws; ordinances. establishing allegations or da '--?. defenses. exceptions or exemptions. 168 EVIDENCE. Presumptions and burden of proof ront'd. status, condition, or relation of persons generally. marriage; identity; divorce. death; survivorship; suicide. assent; authority; ratification. knowledge; notice; sanity; ca- pacity; belief; intent. malice; criminal intent; prob- able cause. fraud or good faith; undue in- fluence. truth; innocence; guilt. f ro3ii silence; withholding or destroying evidence. corporations; partnership. continuance; cause. as to skill; negligence; care. as to official acts. from circumstances and course of business. as to rights, contracts, instru- ments, and property. payment; credit. miscellaneous. Best and secondary. Documentary evidence. in general; genuineness and va- lidity. certificate; award. judgments and judicial records. pleadings and papers in suit. evidence previously taken, or used; affidavits. tax book or list. accounts and account books. letters, telegrams, etc. records and papers of corpora- tion or carriers. notes; checks. memoranda. Demonstrative evidence; articles and things. Parol and extrinsic evidence concern- ing writings. in general. custom or usage. prior and collateral parol agree- ments. subsequent changes. meaning; intention; explana- tion. as to commercial paper. consideration. fraud; mistake. condition; trust; mortgage. to identify subject or person. concerning records. character of party. Opinions and conclusions. in general. hypothetical questions. cause and effect. values; damages. physical conditions. sanity; capacity; character. value; damages. estimates of quantity; speed; time. intent; motive; mental condi- tions. Confessions; testimony or evidence wrongfully obtained. Admissions. Hearsay; declarations; res gestse. in general; pedigree. confidential communications. party's own acts and declara- tions. acts and declarations of third persons generally. acts and declarations of agent or representative. acts and declarations of part- ner, associate, or co-conspir- ator. threats. dying declarations. Relevancy and materiality. in general. custom or habit. character; reputation; age. knowledge; notice; belief; men- tal capacity. intern; purpose; motive; fraud; good faith; malice. prices; values. damages. care; skill; negligence. suggestive facts; facts support- ing inferences. circumstances. similar acts or facts. explanation and rebuttal. payment; consideration; credit, contracts. pecuniary condition; family circumstances. personal relations. criminal matters generally. identification. justification; mitigation. miscellaneous. Weight, effect, and sufficiency. in general. cause and effect. fraud or good faith; malice; probable cause; undue influ- ence. negligence; skill; care. as to property rights. matters as to persons; relation of parties. to overcome writing. official acts or records; de- monstrative evidence. contracts; gifts. wills. miscellaneous civil cases. criminal cases. Admissibility under particular plead- ings. Variance. In general. Prejudicial error as to, see APPEAL AND ER- ROR. Review of discretionary rulings, see APPEAL AND ERROR. Waiver of objecticns as to, see APPEAL AND- ERROR. EVIDENCE. 169 First raising objection as to, on appeal, see APPEAL AND ERROR. On appeal, see APPEAL AND ERROR. As part of record on appeal, see APPEAL AND ERROR. Reception of, on trial, see TRIAL. Demurrer to, see TRIAL. Annotations. Applicability in proceeding to punish criminal contempt of rules of evi- dence in criminal cases. 1917B, 118. Errors in, reception of testimony to support attnclt, on divorce decree. 1917 B, 432, 511. tfeivly discovered evidence as ground for opening decree of divorce. 19173, 466. Prolwtr of will as evidence. 1917E, Offer in evidence by attorney of release which he knows is invalid, as ground for suspension. 1917B, 378. Seizure of property of one person for use as evidence against another. 1915E, 399. Cost of procuring. 1915B, 1052. Admissibility of oral evidence in proceeding to oust officer. 1916D, 1090. Quashing of indictment because of consid- eration of incompetent evidence by the grand jury. 1917B, 608. Kew trial for newly discovered evidence. 1915B, 243; 1915C, 302; 1915F, 797; 1916B, 745, 1132; 1916C, 566, 1152, 1155; 1916D, 519; 1916F, 1044, 1251; 1917D, 571; 1937E, 668; 1917F, 1043. Sufficiency of objections and exceptions to. 19] 5E, 202, 991; 1915F, 558; 1916A, 1079, 1240; 1916C, 351, 1214; 1916F, 382; 1917A, 740; 1917B, 1143. Necessity for exception to admissica of. 1915A, 491. Sufficiency of assignment of error to ad- mission of evidence. 1916E, 420. Sufficiency of assignment of error to exclu- sion of. 1917D, 980. Estoppel to object to admission of. 191 PA, 120. Striking out. 1915B, 1121. Judicial notice. in general; laws and ordinances. Of the evidence going to make up the his- tory of a statute. 1916B, 1277. As to danger in use of X-ray machine. 1915D, 201. As to comparative safety of different types Of cars. 1915D, 458. As to danger of bartender's position. 1916F, 957. Effect of street sweepings on health. 1915C, 741. Custom of carriers. 1916A, 545. Institution of bankruptcy proceedings. 1916E, 303. official and judicial acts. Judicial i .cords and decisions. 1915D, 817, 1916A, 711. political and historical matters. As to elections, 1915B, 788. Presumptions and burden of proof. in general; laws; ordinances. Presumptions on appeal, see APPEAL AND ERROR. Annotation. Burden of proof where divorces are attached. 1917B, 433. Instructions as to. 1915D, 547. Validity of statute as to. 1915C, 716; 1915D, 98; 1916C, 278; 1916D, 412; 1917B, 710; 1917D, 15. Presumption that legislature intended stat- ute imposing inspection fees to operate as it does in fact operate. 1917D, 746. Regularity of passage of statute. 1915A, 1210. Law of other state. 1916A, 1167; 1916F, 866. Ordinances. 1917F, 1050. establishing allegations or claims. Duty of claimants under Workmen's Com- pensation Act to establish right to compensation. 1916A, 333. Duty of one asserting invalidity of mar- riage to prove such invalidity. 1917E, 921. Necessity that one seeking to recover against alleged assignee of lease should prove assignment and transfer of the lease to the defendant. 1917E, 975. defenses. Burden of proving that owner of building not equipped with fire escapes had so recently purchased the building that lia- bility rested on his predecessor. 1917E, 250. Burden of proving usury set up as defense. '1917F, 916. In action on insurance policy. 1917F, 663. exceptions or exemptions. Annotation. Burden of proof ichere lessee of mine seelcs to bring him&elf 'within pro- vision of the lease excusing pay- ment of minimum royalties. 1917E, 1078. Eurden of proving that act alleged to be in violation of statute was within an exception therein. 1915D, 408. Exception in charter party. 1915C, 423. status, condition, or relation of persons generally. Prejudicial error in instruction as to char- acter 1916D. 590. Intoxication. 1917D, 15. 170 EVIDENCE. Eligibility for office. 1917A, 1244. Good character. 1915D, 1070. marriage; identity; divorce. Marriage. 1915A, 200; 1915E, 186; 1916C, 707; 1917E, 921. Divorce. 1916C, 707; 1916F, 819. death; survivorship; suicide. Annotation. Validity and effect of by-law of mutual benefit society refusing to pay benefit upon presumption of death from seven years' absence. 1917C, 1032. Death. 1915B, 728, 744, 749, 756; 1915D, 176; 1916C, 707; 1916F, 438, 819; 1917A, 183; 1917C, 1029. assent; authority; ratification. Validity of statute as to. 1916D, 412. Assent; acquiescence. 1916D, 412; 1917E, 1103; 1917F, 761. Authority of agent. 1917E, 539. Ratification. 1916C, 125. knowledge: notice; sanity; capr->ity; belief; intent. Knowledge; notice. 1916E, 1203. Intent of legislature. 1917D, 746. Intent to restrict power of legislature to en- act local or special laws. 1917E, 456. Intent not to perform marriage promise. 1915D, 1190. Intent of testator. 1916C, 613 ; 1917D, 713. Sanity generally. 1915D, 334, 1095. malice; criminal intent; probable cause. Malice. 1915A, 104; 1915C, 774; 1916D, 391; 1917B, 350. Probable cause. 1917B, 350. Criminal intent. 1916C, 278. fraud or good faith; undue influ- ence. Validity of statute as to. 1915C, 716. Fraud in contract. 1915E, 648. Fraud of directors of insolvent bank. 1915C, 716. Good faith; bona fides. 191 6D, 1138, 1280. Undue influence. 1916C, 946; 1916E, 692; 1917E, 1060. truth; innocence; guilt. Innocence. 1916E, 64; 1916F, 819; 1917C, 52. from silence; withholding or de- stroying evidence. Presumption from silence of accused, who takes the stand as a witness, in regard to incriminating circumstances already in evidence. 1917F, 502. Failure of employer to produce record of cars with which employee was at work when injured. 1915D, 557. Failure to call witnesses. 1917B, 310; 1917E, 215. corporations; partnership. Presumption as to conduct of business by interstate carriers in violation of Fed- eral legislation. 1917A, 265. Burden of proving carrier's failure to com- ply with requirements as to filing rate schedules. 1917A, 265. continuance; cause. Continuance of mental disorder. 1915D, 1034. Cause of injury to vessel. 1915C, 423. Cause of injury to goods transported. 1915D, 547. Cause of personal injury or death. 1915D, 358, 524; 1917D, 15. as to skill; negligence; care. Annotations. Applicability of rule res ipsa loquitur as between master and servant. 1917E, 4. Applicability of res ipsa loquitur in case of injury to servant by explo- sion. 1917E, 187. Applicability of res ipsa loquitur in case of injury to servant by fall of object. 1917E, 2O1. Applicability of res ipsa loquitur ;n case of injury to servant bi/ derail- ment of rolling- stock,. 1917E, 212. Applicability of res ipsa loquitur in case of injury to servant from de- fect in rolling stoc7c. 1917E, 226. Application of res ipsa loquitur in cane of injury to servant by breaking of rope, chain, etc. 1917E, 239. Applicability of res ipsa loquitur in case of injury to servant by elec- trical appliances. 1917E, 248. Instructions as to. 1915D, 547. Effect of pleadings on right to rely on doc- trine res ipsa loquitur. lOioF, 992, 1000. Doctrine of res ipsa loquitur as requiring jury to find in favor of negligence. 1917E, 215. Wilful negligence. 1917D, 15. Negligence of bailee. 1915 A, 594. In case of injury to servant. ]913F, 15; 1917E, 1, 78, 182, 198, 215, 233. 242. Validity of statute as to, in case of injury to servant. 1917D, 15. Assault on passenger. 1916C, 358. Injury to passenger on scenic railway. 1917B, 1091. Injury to passenger on elevators. 1915D, 305; 1916B, 1284. Injury to passenger by derailment. 1916F, 1174; 1916C, 351. Injury to street car passenger by bursting of an electric light bulb. 1916A, 927. Injury to passenger falling into space be- tween cars in passing from one to an- other. 1916D. 1109. Injury to passenger by sudden jerk of car. 1916E, 348, 355; 1917C, 384. EVIDENCE. 171 Death of passenger thrown from train by sudden setting of emergency brake due to another passenger's meddling with brake apparatus. 1917F, 1020. Theft from berth of passenger in sleeping car. 1915B, 621. Loss of, or injury to, goods during trans- portation.. 1916D, 644, 974; 1917C, 507. Negligence of shipper in permitting escape of cars from sidetrack during loading on to main track. 1917C, 768. Injury at highway crossing. 1917C, 978. Negligence in sale of unfit food. 1917B, 1272. Obstruction of water by railroad embank- ment. 1917A, 501. Injury by falling object. 1915B, 426; 1915C, 704, 710; 1916F, 1121. Killing of geese on railroad track. 1915B, 163. Negligence in permitting escape of gas. 1915E, 1022. Negligence of telephone company in failing to furnish service. 1915C, 450. Telegraphs. 1915A, 120. Explosion. 1915D, 830; 1916E, 1074; 1917C, 487. Contributory negligence. 1915F, 558; 1916C, 1208; 1916D, 1109; 1917D, 15, 690; 1917F, 851. as to official acts. Presumption that state will reduce inspec- tion fees which prove to be excessive. 1917D, 746. Presumption "that officers had acted in ac- cordance with law. 1917F, 545. Proper performance of duty by board of equalization. 1916E, 404. Assessment of taxes. 1915C, 929. Public improvement acsessments. 1915D, 772. Election contest. 1917B, 191. Validity of judgment. 1916A, 1181. from circumstances and course of business. Receipt of postal card properly addressed and mailed. 1917C, 416. as to rights, contracts, instruments, and property. Annotation. Burden of proof where lessee of mine seeks to bring himself within pro- vision of the lease excusing pay- ment of minimum royalties. 1917E, 1O78. Burden of proving that holder of usurious paper purchased it before maturity without notice of the usury. 1917F, 916. Permanency of appropriation of water for public water supply. 1916E, 981. Presumption that deed executed to wife of purchaser of land was executed in dis- charge of the contract. 1917D, 228. In action to enforce covenant. 1917A, 323. In action for breach of contract. 1917A, 1068. Performance or tender of performance. 1917A, 1068. Presumption that contract is free from champerty. 1916E, 64. Contracts of sale. 1915B, 626; 1915E, 373. Deed. 1916D, 653. Negotiable paper. 1915B, 475; 1916A, 731; 1916D, 761; 191 6F, 209; 1917C, 1005; 1917E, 535, 1060. Gift. 1915E, 648. Forgery of will. 1916B, 635. In action against lessee in oil and gas lease for injury due to failure to drill wells. 1917E, 975. Genuineness of written consent by infant remaindermen to sale by administrator. 1917E, 1103. Agreement for compensation for services in addition to contract price. 1917E, 1060. Release from liability for injury. 1916B, 769. Insurance matters. 1915B, 756; 1915D, 358; 1916E, 1203; 1916F, 783; 1917A, 299; 1917F, 663, 1061. payment; credit. Application to Federal government of pre- sumption of payment from lapse of time. 1916B, 734. Presumption that money paid out by bank was not paid from trust fund. 1916C, 6. miscellaneous. Custom and usage. 1916D, 974. Unfair competition. 1916E, 632. Conscious suffering of one injured. 1916C, 817. Circumstances in mitigation of damages. 1916D, 820. Adulteration of food. 1915B, 774. Diligence of lessee in conducting mining operations. 1915E, 1057. In proceeding as to custody of child. 1915E, 1019. In prosecution for embezzlement. 1917B, 1261. Presumption that person dying intestate has left heirs. 1915E, 758. Burden of proof as to mortgage debt in ac- tion against mortgagee for conversion of mortgaged chattels. 1915E, 192. Burden of proving that servant violating rules did so in performance of duty. 1915D, 503. Burden of proving that laws of religious denomination oust the courts of juris- diction. 1917D, 994. Duty of one seeking recovery for injuries within side lines of street at railroad crossing to show where the side lines are. 1917E, 819. Best and secondary. Annotation. Secondary evidence of writing which is beyond territorial jurisdiction of court. 19171), 530. 172 EVIDENCE. Preliminary proof. 1917E, 1060. Parol evidence of contents of letter outside of court's jurisdiction. 1917D, 529. Copies. 1915B, 1179. Of order for publication of notice in tax proceedings. 1915C, 690. Documentary evidence. in general; genuineness and va- lidity. Identification of letters offered in evidence. 1916D, 457. Proof of knowledge of witness making af- fidavit as to amount of grain shipped in certain cars. 1917E, 1011. Copies of writing. 1915B, 1179. Mortality tables. 1915D, 334; 1915F, 558. Eate schedules of interstate carrier. 1917A, 197. Newspaper articles. 1917D, 855. certificate ; award. Coroner's certificate of death. 191 6C, 379. judgments and judicial records. Admissibility of record of another suit brought by another plaintiff against the same defendant to recover damages for a similar accident. 1917F, 802. Record of suit that shows dismissal as evi- dence in subsequent suit. 1915B, 1179. Record in^divorce suit. 1915C, 870. Denial of 'full faith and credit by exclusion of foreign judgment from evidence. 1916A, 765. In criminal cases. 1916B, 950. pleadings and papers in suit. Admissibility of allegations in complaint in action for personal injury in another action against the same defendant for a similar injury to another person. 1917F, 802. evidence previously taken or used; affidavits. Former testimony. 1915F, 771, 1087; 1916A, 983. Affidavits. 1917B, 113, 1132; 1917E, 1011. tax book or list. Admissibility of tax list on question of title to attached property. 1916F, 939. accounts and account books. Books of account of corporation, see infra. Card index or sheet from loose leaf ledger. 1916B, 631; 1916F, 209. Admissibility of account books of practis- ing physician to prove date of birth. 1916F, 803. letters, telegrams, etc. Letters. 1915A, 881; 1915D, 785; 1916B, ]272 ; 1916D, 371, 457; 1916F, 302; 1917B, 267. records and papers of corporation or carriers. Proof that corporation was organized solely for public charity by means of its char- ter, constitution, and bv-laws. 3917F, 741. Carrier's car record book. 1916C, 351. notes; checks. Checks as evidence of payment. 1915C,. 976. memoranda. Prejudicial error as to. 1916F, 687. Memoranda showing intent to apply checks- on debt. 1915C, 976. Demonstrative evidence; articles and things. Anno tat ions. Exhibition of child for purposes of de- termining paternity in bastardy proceedings. 1917B, 1148. View outside the territorial jurisdic- tion. 1917F, 9S4. Review of discretionary rulings as to. 1917E, 258. Prejudicial error as to admission of. 1917B, 1143. Weight and sufficiency of. 1916E, 1222. Articles taken from accomplice of accused. 1916D, 590. Exhibition of person to jury. 1917B, 1143. Skull of person murdered. 1917A, 1226. View. 1915F, 558; 1917F, 974. Photographs. 1916E, 763, 1222; 1917F, 890, 1043. X-ray radiograph. 1915F, 803. Pantomime. 1915E, 848. Parol and extrinsic evidence concern- ing writings. in general. As to oral contracts generally, see CON- TRACTS. Parol evidence to change or vary terms of contract generally. 1917A, 415. Parol evidence not inconsistent with part of contract originally oral which has been reduced in writing. 1917A, 58. Establishment by parol of contract with municipal corporation. 1917F, 403. Modification or enlargement of written order for machinery by parol evidence. 1915B, 477. To vary terms of subscription to stock. 1915A, 390. As to deeds. 1916C, 403: 1916F, 687. As to insurance contract. 1915A, 273; 1915C, 619; 191 7D, 868. As to receipt. 1917E, 1060. On question of waiver of prepayment of tolls for telegraph service. 1915C, 450. In prosecution for burglar;. 1915D, 072. In prosecution for larceny. 1915B, 848. custom or usage. Annotation. Admissibility of parol evidence tliat articles prohibited by insurance contract ircre customarily kept on sucJi premises as those insured. 1917C, 296. EVIDENCE. 173 prior and collateral parol agree- ments. Annotation. Competency of parol evidence of an agreement by the vendor of a busi- ness not to re-engage therein, where some part of the agreement has' been reduced to writing. 1917B, 276. General rule as to. 19] 5B, 109. Contingency upon the happening of which written order for goods was to become operative. 1916B, 1036. Agreement by vendor of property that no intoxicating liquors shall t>e sold in the town where deed contains express covenant that liquor shall not be sold on the property. 1917F, 949. Agreement of pu: -.Uaser of real property to pay street improvement assessment. 1916E, 217. As to route over which goods were to be transported. 1917A, 58. As to inducement. 1917B, 267. Collateral agreement that written contract was never to be performed. 1917B, 258. To show truth of contemporaneous agree- ment. 1917B, 267. In action for breach of covenant against en- cumbrances. 1916E, 213, 217. subsequent changes. Agreement subsequent to lease that land- lord would place additional improve- ments on premises. 1917B, 141. Assent by insurance company to additional insurance forbidden by the policy. 1917D, 868. meaning; intention; explanation. As to commercial paper, see infra. Annotation. Competency of parol evidence to show that a writing was not intended to create legal relations, but icas exe- cuted as a sham. 1917B, 263. General rule as to. 191 6F, 548. Of particular words. 1916C, 1001; 1917A, 740. Intention of testator. 1915E, 1008; 1917A, 1210. Intent of officers signing instrument as in- dividuals. 1915A, 853. Intent of grantor in deed. 1915A, 671. That deed was intended as a mortgage. 1916B, 1; 1917F, 337. That lien for taxes was not intended to be within operation of covenant of war- ranty. 1916E, 211. That bill of sale to agent was intended merely to enable him to transfer title to a purchaser. 1916A, 588. as to commercial paper. Annotation. Parol evidence to shoiv that bill or note Cause of physical condition, see infra. Effect of injury or disease. 1917E, 215. Cause of fire. 1915A, 1045; 1915D, 229. Cause of death. 1915A, 1078, 1088. ^-values; damages. Market value of goods. 1917A, 58. Value of stock of hardware; depreciation by flood. 1917A, 501. Value" of services. 1917D, 273, 809. Necessity of testimony of physician as to Jermanent impairment of ability to ibor of person injured, to permit re- covery of damages for permanent dis- ability. 1917D, 980. physical conditions. Hypothetical questions, see supra. As to sanity or capacity, see infra. Cause of wound. 1915B, 1143. That marks on thumb were teeth marks or caused by bite. 19] 6E, 896. Cause of physical condition of injured pas- senger. 1915A, 1056. Cause of death. 1915A, 1078, 1088. Extent of injury. 1915F, 992. Effect of injury or disease. 1917E, 215. sanity; capacity; character. Sanity generally. 1915C, 1163. Mental capacity of minor employee to ap- preciate danger. 1915F, 558. Testamentary capacity. 1916D, 179. Fitness of parent for custody of child. 1916B, 977. valne; damages. Cross-examination for purposes of testing value of opinion. 1916D, 1074. Value of automobile. 1915E, 959. Value of insured property. 1915C, 1179. Charges of nurses. 1915F, 992. Damage to manufacturing plant by con- struction of railroad through it. 1916A, 1079. estimates of quantity; speed; time. Speed. 1U16A, 943. intent; motive; mental conditions. Intent to infringe in action for malicious prosecution for infringement of patent. 1915B, 1179. Right of witness in libel suit to state how the libel seemed to make the person libeled feel. 1917D, 855. Evidence that witness in homicide case had stated that accused killed decedent be- cause latter sued him. 1917E, 920. Confessions; testimony or evidence wrongfully obtained. Weight and sufficiency of, see infra. Correctness of instructions as to. 1915C, 116-3. Evidence wrongfully obtained. 1915B, 834; 1916E, 714. Compelling accused to furnish. 1917B, 608. Involuntary character of statements made, while giving testimony, by one brought into court by process. 1917A, 1287. Permitting sheriff to testify to alleged con- versation with accused. 1917A, 1226. Statements made by prisoner extracted from him by threats or promises. 1917D, 383. Confession of homicide. 1915C, 1163. Admissions. Of one accused of crime. 1915A, 1041 ; 1916B, 844; 1916E, 634. Silence of person under arrest when state- ment tending to connect him with th<> crime is made in his presence. 1917 D, 491. Ey minor injured during course of work. 1915F, 558. Of agent or servant. 1915A, 153; 1915B, 1116. Hearsay; declarations; res gestse. in general; pedigree. Weight of exclamation as question for jury 1915E, 202. Application generally of doctrine of res gestse. 1915A, 202. Pedigree; relationship. 1915D, 215. confidential communications. Annotations. Liability for disclosing confidential communications. 1917C, 1131. Privilege of communications to clergy, or other church- or ecclesiastical officers. 1917D, 218. Sufficiency of objection to admission of. 1916F, 382. Waiver of privilege. 1915C, 834; 1916A, 475, 519. Confession by member of church board be- fore the session for discipline as within protection of confidential communica- tions to ministers. 1917D, 273. To attorney. 1915D, 1; 1916C, 593. To physician. 1915C, 834; 1915F, 888; 1916A, 475, 519; 1917C, 1128. Between husband and wife. 191 5D; 902; 1916B, 1272; 1916F, 382; 1917F, 935. party's oven acts and declarations. Exclamations and indications of pain by person injured. 1915F, 992. Statements by accused. 1916D, 1295. acts and declarations of third per- sons generally. As to dying decorations, see infra. Effect of statement of witness at coroner's inquest offered to contradict him as affirmative evidence of facts stated. 1917F, 167. EVIDENCE. 175 Statements made to interpreter. 1916F, 1198. Declarations of neighbors as to fitness of parent for custody of child. 1916B, 977. As to accident or injury. 1915D, 334, 503; 1915E, 812; 1917F, 896. Of deceased person. 1915D, 334; 1916B, 816; 1916C, 566. Criminal cases. 1915B, 1125; 1915E, 202; 1916C, 566. acts and declarations of agent or representative. General rule as to. 1915B, 1116. Prejudicial error in admission of evidence as to. 1916D, 311. Statement by attorney employed to collect note. 1917E, 1060. Assurances by agent that principal would pay bills incurred by agent. 1916B, 751. Telephone agent. 1915C, 450. As to accident or injury. 1916D, 311. acts and declarations of partner, associate, or co-conspirator. Co-conspirators. 1917C, 65. threats. Threats against deceased by one accused of being accessory to a murder. 1916B, 950. dying declarations. Instructions as to weight to be given to. 1915F, 656. Effect of hope of recovery. 1915F, 607; 1916F, 1198. In civil cases. 1915D, 503. Relevancy and materiality. in general. Relevancy and materiality under particular pleadings, see infra. First objecting to, on appeal, see APPEAL AND ERROR. Waiver of objections as to, see APPEAL AND ERROR. Prejudicial error in admitting or excluding, see APPEAL AND ERROR. Admissibility of, to impeach, discredit, or corroborate witness, see WITNESSES. Necessity of bill of exceptions to rulings on admission or rejection of. 1915A, 572. Sufficiency of objections and exceptions to. 1017A, 740; 1917B, 1143. Estoppel to object to admission of. 1915A, 120. custom or habit. Evidence of, when not pleaded. 1917A, 740. Sufficiency of objection to admission of evi- dence of. 1917A, 740. Evidence of custom which was not followed in particular cases involved. 1915F, 15. Trade custom. 1916B, 1257. Customary rate of pay for domestic serv- ices. 1915C, 1208. Custom of painters to construct their own scaffolds. 1915F, 15. Custom of person causing injury. 1915D, 725; 1915E, 287. Custom of person injured. 1916B, 824. character; reputation; age. Opinion evidence as to, see supra. Prejudicial error as to. 1915E, 131. Evidence of, to discredit witness. 1915B, 389. Reputation of attorney in action to disbar him. 1917B, 1132. Character of person injured. 1915F, 992. Turbulent character of plaintiff in action for assault. 1916A, 1240. Of accused person. 191CE, 326. Chastity. 3916B, 963; 1916E, 760. Of deceased person. 1915C, 1179; 1917A, 1226. Character of dog causing injury. 1916E, 710. knowledge; notice; belief; mental capacity. Opinion evidence as to mental capacity, see supra. To show notice to driver of motor truck that boy was attempting to climb there- on. 1917D, 875. Notice to purchaser of seed, of actual na- ture of seed to be delivered. 191 6C, 1001. Knowledge of vicious disposition of dog. 1916D, 1032. intent; purpose; motive; fraud; good faith; malice. Intent; purpose. 1915A, 1078, 1224; 1915D, 1015; 1915E, 1031; 1916D, 311. Motive; reason. 1915A, 1088; 1915E, 1215. Fraud; good faith. 1915A, 675; 1917F, 414. Malice. 1915C, 774; 1915E, 413; 1915F, 664. prices; values. Opinion as to value and damages, see supra. Evidence of price for 'which patented articles were sold by defendant in action for malicious prosecution for infringement, of patent. 1915B, 1179. Real property. 1916E, 420; 191 6F, 756. Value of water right. 1916F, 756. damages. Opinion evidence as to, see supra. Evidence of prices and values, see supra. Prejudicial error as to. 1916D, 983, 1035; 1917A, 365. In eminent domain proceedings. 1916E, 420, 572. Injury to real property by nuisance. 191 5C, 747; 1916E, 983. Injuries to leasehold by change of street grade. 1917C, 420. Damages for destruction of building. 1917A, 365. Injury to automobile. 1915C, 319; 1915E, 959. 176 EVIDENCE. Personal injuries. 1915F, 558, 992; 1916D, 1035; 1917A, 394; 1917E, 215. Death. 1915E, 1201, 1205. Libel and slander. 1915E, 413; 1917D, 855. care; skill; negligence. Custom or habit as to, see supra. Similar acts or facts in negligence cases, see infra. Annotation. Violation by servant of rule adopted by railway company as evidence of negligence toward one other than servant. 1917C, 793. Violation of statute of ordinance. 1917C, 1146. Violation of rules of railroad company as to backing of trains. 1917C, 784. Precautions after accident. 1915E, 613. Skill of automobile driver. 1917A, 394. Intoxication of driver of automobile. 1917A, 306. Evidence in action for injury to employee by explosion as to what parts of the body of another employee killed by such explosion sustained the principal in- juries. 1917F, 1043. Injury on railroad platform. 191 6 A, 510. Negligence of carrier. 1915F, 1174; 1916A, 510. Negligence of street railways. 1915D, 1021 ; 1916E, 58. Injury by fright caused by explosion. 1915D, 834. Injury to purchaser of automobile through collapse of wheel. 1915E, 287. In action for injury to boy jumping on motor truck. 1917D, 875. Obstruction of water by railroad embank- ment. 1917A, 501. Contributory negligence. 1915C, 181; 1917F, 610; 1917A, 306, 1128; 1917E, 405. suggestive facts; facts supporting inferences. Evidence of failure of servant to secure work in action for slander in giving character to servant. 1915C, 774. Precautions after accident. 1915E, 613. Evidence of birth of child in prosecution for adultery. 1915F, 1087. Presence of accused at scene of crime. 1916B, 950. circumstances. Circumstances of injury in action under Workmen's Compensation Act. 1916E, 1201. In action for negligently permitting gas to escape. 1915E, 1022. similar acts or facts. Annotation. Evidence of other crimes in prosecu- tion for robbery. 1917D, 3SS. Evidence of condition of other boats of the lessor upon question of negligence in letting defective row boat. 19i7F, 851. Evidence of former acts of negligence on part of plaintiff suing for personal in- juries. 1917E, 405. Condition at other times. 1915C, 450; 1916F, 1110; 1917B, 1245. Condition at other places. 1916F, 1110. Other acts of intercourse on part of prose- cutrix in prosecution for rape. 1916B, 963. Other misconduct of person arrested for nonpayment of fare. 1917D, 220. Other crimes. 1915A, 138, 809, 862, 1088; 1915B, 103; 3915D, 229, 236; 1916E, 472; 1917D, 383; 1917E, 668, 797. explanation and rebuttal. As to corroboration of witness generally, see WITNESSES. Review of discretion in refusing to admit evidence in rebuttal which under the pleadings is part of plaintiff's case in chief. 1915D, 1021. Rebutting presumption of fraud. 1915C, 716. In action for damages for nuisance. 1915C, 747. In action on insurance policy. 1916A, 475. payment; consideration; credit. Payment. 1915C, 976. contracts. Insurance contracts. 1917E, 983. Breach of warranty. 1915D, 875. pecuniary condition; family circum- stances. Prejudicial error as to. 1915A, 153. Failure to object to evidence of. 1915A, 491. Family circumstances. 1915A, 153. personal relations. Relation of joint defendants in action for malicious prosecution. 1915B, 1179. Criminal cases. 1917F, 646. criminal matters generally. Character and reputation of accused, see supra. Evidence of suggestive facts, see supra. Evidence of other crimes, see supra. Annotation. Evidence of trailing of persons by bloodhounds. 1917E, 73O. Trailing with bloodhounds. 1916D, 1295; 1917E, 726. In prosecution for perjury. 1917C, 52. In prosecution for false pretenses. 1917E, 797. In prosecution of husband for nonsupport. 1916E, 760. In prosecution for arson. 1915D, 229; 1016D. 1295. In prosecution for homicide. 191 5A, 1078, 1088: 1915E, 1031, 1215; 1916C, 581; 1917F, 646. In prosecution for burglary. 1915D, 1015. EVIDENCE. 177 In prosecution for larceny. 1915B, 71; 1915E, 848. In prosecution for embezzlement. 1915A, 430. In prosecution for adultery. 1915F, 1087. In prosecution for rape. 1916B, 9C3. In proceeding to revoke license of physician. 1316D, 436. iclciitificati 3ii. Identity of property in prosecution for lar- ceny. 1915E, 848. justification; mitigation. In justification for wrongful arrest with- out warrant. 1917D, 694. Mitigation of damages. 1916C, 581; 1917D, 220. miscellaneous. Evidence that plaintiff in action had no per- sonal interest but brought action for the benefit of a tl d person. 1917F, 440. Evidence to show improper operation of ap- paratus where breach of warranty is set up as defense in action for pur- chase price. 1915B, 626. On question of attorney's moral and mental fitness to practise law. 1915D, 1218. On question whether street car stopped at certain place on particular occasion. 1916E, 58. Right to show who employed physician who attended injured person. 1915A, 153. Liability of directors of corporation for wrongful appropriation of funds. 1915D, 632. Evidence of tone and manner in which words were spoken by clerk to customer in store. 1915F, 516. In action for assault on passenger. 1916C, 358. In action for personal injury received in attempt to put out fire negligently set. 1915E, 991. In prosecution against husband for deser- tion of wife. 1916E, 760. Weight, effect, and sufficiency. in general. Review of facts on appeal, see APPEAL AND ERROR. Sufficiency of evidence to go to jury, see TRIAL. Annotations. Is extra judicial confession circum- stantial testimony. 1917D, 595. Insufficiency of evidence to warrant di- vorce as a basis of attach. 1917B, 432. Constitutionality of statute which malccs shipper's statement as to weight conclusive. 1917 E, 1O22. "Constitutionality of statute as to. 1917E, 1011. "Weight of evidence as question for jury. 1915E, 202; 1917F, 1107. L.R.A. Tri. Index 1915-17. 12. Instructions as to. 1915A, 1078, 1088; 1915C, 627, 1163; 1915F, 656; 1916D, 144. Presumptions as to, on appeal. 1917C, 1190. Ruling as to, on former appeal as law of the case. 1916A, 519. Time for objections to insufficiency of. 1917F, 974. Insufficiency of evidence, as ground for new trial. 1915B, 140; 1916B, 316. Right to judgment non obstante veredicto for lack of evidence. 1917A, 1194. Expeft testimony. 1915A, 1078, 1088; "1915E, 271; 1916A, 943; 1916D, 144, 1074; 1916F, 561; 1917A, 501; 1917D, 273. Circumstantial evidence; what constitutes. 1916E, 1086; 1917D, 591. Dying declarations. 1915F, 656. Duty of jury to believe uncontradicted evi- dence ' admitted without objection. 1916E, 1203. Basing verdict of jury on auditor's finding. 1915D, 725. Sufficiency of proof of damages. 1917D, 273. cause and effect. Proximate cause. 191 6D, 447. Cause of death. 1915E, 519, 964; 1916E, 952; 1917F, 710. Personal injuries. 1916E, 1201. fraud or good faith; malice; proba- ble canse; undue influence. Fraud generally. 191 6B, 862; 1916F, 192. Nonreliance of purchaser upon ^representa- tions of vendor. 1917C, 270. Falsity of answers in insurance applica- tion. 1917C, 338. Malice. 1915A, 104; 1916E, 1277; 1916F, 192. Probable cause. 1916E, 1277; 1916F, 192. Undue influence. 1915E, 593, 1185; 1916F, 192. negligence; skill; care. Sufficiency of evidence to take case to jury, see TRIAL. Disregarding testimony in contradiction of scientific principles. 1916D, 300. Doctrine of res ipsa loquitur as requiring jury to find in favor of negligence. 1917E, 215. Wanton or wilful negligence. 191 7D, 875. Method of fastening sheet iron plates to- gether. 1915C, 17. Negligence of physician; malpractice. 1915C, 595; 1916D, 644. Of bottler of carbonated drink. 1916E, 1074. Of street railway company. 191 6B, 824. Of master. 1915D, 503; 1917E, 1, 215. Of carrier. 1916B, 716; 1916E, 478. In operation of elevator. 1915E, 745; 1916C, 1245. In selling unfit food. 1916D, 1006. In permitting escape of gas. 1915E, 1022. As to electricity. 1917E, 258. 178 EVIDENCE. Explosions. 1915F, 1000; 1916B, 716; 1916E, 1074. Contributory negligence. 1916D, 447; 1916F, 127. as to property rights. Sufficiency of evidence to show that draft taken from victim of the confidence game was not his property. 1917E, 797. Sufficiency of evidence to sustain judgment for injury to property by lessee's fail- ure to dig wells. 1917E, 975. matters as to persons; relation of parties. Admissibility of evidence that no suit had ever been brought against three per- sons to show falsity of statement that one had been brought against two of them. 1917E, 797. Sufficiency of proof of bona fide effort of husband to induce wife who had left him for cause to return to his home. 1917F, 738. Evidence on question whether person was suffering from certain malady on cer- tain day. 1916E, 584. Sufficiency of proof of adultery for a pe- cuniary consideration to sustain action for alienation of wife's affections. 1917F, 935. Fact of marriage. 1915E, 121. Sufficiency of proof to overcome presump- tion of validity of marriage. 1917E, 921. Fact 01 imprisonment because of which di- vorce is sought. 1917C, 159. Cause of death of insured. 1917C, 195. Authority of agent; ratification. 1917E, 539, 788. Knowledge; notice. 1916E, 298; 1917E, 250. Intent; purpose. 1915A, 862. Domicil. 1916A, 718. Emancipation of child. 1916B, 1111. Illegitimacy. 1915F, 1087; 1916B, 1052. to overcome writing. To show that absolute deed was intended to be a mortgage. 1916B, 4. official acts or records; demonstra- tive evidence. Conclusiveness of certificate of election in mandamus to secure office. 1915A, 832. Weight of photographs as evidence. 1916E, 1222. contracts; gifts. Proof of express contract by circumstantial evidence. 1916D, 1260. Proof that offer was accep'ed within rea- sonable time. 1916B, 1036. Proof of liability for rent under oil and gas lease. 1916B, 686. Contract to pay household servant for extra services. 1917D, 809. Breach by municipality of contract for street sprinkling. 1915E, 581. Insurance matters. 1915B, 728; 1915D, 615. Gift. 1916E, 283. wills. Upholding will against testimony of attest- ing witnesses. 1916C, 1214. Inability of attesting witness to identify will and his signature thereto. 191~>K, 593. Failure to interrogate attesting witness as to testator's competency. 19160, 1214. miscellaneous civil cases. Sufficiency to overcome presumption that holder of note is such bona fide. 1916D, 624. That Jamaica ginger is an intoxicating li- quor within meaning of prohibitory statute. 1917F, 238. In disbarment proceedings. 1915D, 1218. Location of boundaries of city. 1915E, 500. Father's expectation of benefit from contin- ued life of son. 1916E, 185. Value; damages. 1915A, 675; 1916F, 592; 1917F, 824. Abrogation of rule governing servants' work. 1916E, 927. Authenticity of telegram. 1915A, 862. Sufficiency to permit recovery for perma- nent disability to person injured. 1917D, 980. Identity of dog. 1916D, 1032. Custom and usage. 1915F, 1114; 1917F, 422. Nuisances. 1915B, 415. Libel or slander. 1916E, 771. Insurance matters. 1915B, 728; 1915D, 615. criminal cases. Annotations. Is extrajudicial confession circumstan- tial testimony. 1917D, 595. Proof of corpus delicti in embezzle- ment. 19 17 A, 1289. Conviction of perjury upon proof that accused made contradictory state- ments. 1917C, 58. Failure of proof to establish commission of offense charged. 191 7B, 1261. Testimony of accomplice or associate: cor- roboration. 1915D, 682; 1915E, 1222; 1916F, 1251. Confessions. 191TD, 591. Conviction on defendant's extrajudicial ad- missions alone. 1917A, 1287. Circumstantial evidence. 1917A, 1287. Corpus delicti. 1917A, 1287. Venue. 1915B, 71. Embezzlement. 1917A, 12*7. False pretenses. 1015C, 1161; 1917E, 797. Incest. 1915E, 1222. Larceny. 1916B, 844. Perjury. 1917C, 52, 954. Kape. 191GB, 745. In prosecution under White Slave Act. 1915A, 862. In prosecution for violation of liquor law. 1916A, 812. In prosecution for violation of statute against betting. 1915D, 682. EVIDENCE EXCLUSIVE PRIVILEGE. 179 In prosecution for selling spoiled meat. 1916E, 326. In action for penalty for transacting busi- ness without license. 1915D, 260. Violation of ordinance as to false weights or measures. 1917D, 1127. Admissibility under particular plead- ings. Annotation. Height to show disability of adult on issue of contributory negligence without allegation thereof. 191*3 D, 558. Without allegations. 1917A, 740; 1917E, 539; 1917F, 571. General and specific allegations of negli- gence. 1916C, 1208. Under general averment of injury to prop- erty by nuisance. 1917F, 475. Under general denial. 1915E, 131; 1917D, 571. Negligence of carrier. 1917B, 1091. Negligence of physician. 1916D, 644. In action for injury to employee. 1917D, 556. Sufficiency of allegations to admit evidence of violation of the last clear chance rule. 1916A, 943. In action to foreclose mortgage securing note. 1916A, 1049. Sufficiency of allegations to sustain ev- idence of authority of agent. 1917E, 539. Admissibility under defendant's pleadings of evidence of conditions within excep- tion to Federal hours of service act. 191SD, 408. Admissibility under defendant's pleadings in action for skuader. 1915E, 131. Variance. First objecting to, on appeal, see APPEAL AND ERROR. Motion to strike evidence on ground of va- riance. 1915F, 558. Variance as to date of accrual of cause of action. 1917F, 935. Contributory negligence of children falling into. 1917F, 1O5. In street, injury by. 191 7C, 120. % Injury to employee while excavating. 1917E, 233. EXAMINATION. Of person of witness, see DISCOVERY AND INSPECTION. Of juror, see JURY. Of witnesses, see WITNESSES. As condition of entrance to high school. 1917C, 993. EXCAVATIONS. Annotations. Liability for damage to service mains by excavating in street. 1917E, 1094. EXCEPTIONS. In general, see APPEAL AND ERROR; TRIAL. Bill of, see APPEAL AND ERROR. Burden of proving, see EVIDENCE. Negation of, in indictment, see INDICTMENT, ETC. Exceptions to entire paragraph which con- tains averments responsive to the bill. 1917D, 357. In application for reinstatement of insured. 1917C, 350. To rulings of law by master. 1916C, 218. EXCESSIVE DAMAGES. See DAMAGES. EXCHANGE OF PROPERTY. Time as essence of option agreement for. 1915B, 181. EXCHANGES. As to rights, duties and liabilities of stock brokers, see BROKERS. Damages for breach of contract to loan money to n: ember of exchange to pay for grain contracted for. 1916F, 501. EXCISE. See LICENSE. EXCLUSIVENESS. Annotation. Of franchise of toll road or turnpike. 19170, 339. EXCLUSIVE PRIVILEGE. Annotation. Right of carrier to grant exclusive train privilege to baggage or passenrjer transfer companies. 1917F, 1O&B. Grant of, by carrier to baggage company. 1917F, 1080. 180 EXCLUSIVE PRIVILEGE EXECUTORS AND ADMINISTRATORS. Exclusive contract by carrier with private corporation for loading of logs tendered for shipment. 1913C, 250. EXCURSION. Duty of carrier to return excursionists to their homes. 1915C, 477. EXCUSABLE HOMICIDE. See HOMICIDE. EXECUTION. Of writing required by Statute of Frauds, see CONTRACTS. Exemption from, see EXEMPTIONS; HOME- STEAD. Sale under, see JUDICIAL SALE. What property subject to, see LEVY AND SEIZURE. Mode and sufficiency of levy on, see LEVY AND SEIZURE. Of will, see WILLS. Annotation. Remedy of judgment creditor of com- munity after death of one of the spouses. 1917C, 502. Parol evidence as to ownership of property > levied on. 1916A, 588. Xecessarv parties defendant in execution. 1916D, 113. Time of issuing. 1915B, 797. Amendment, time for. 1915A, 706. Right of judgment creditor to seize prop- erty of succession of deceased person. 1917C, 494. Right of judgment creditor of community to proceed against surviving husband bv sale of community property after death of wife. 1917C, 494. Effect of stay of execution to release sure- ty. 1917C, 485. Execution against the person. 1915A, 706; 1915E, 340. EXECUTIVE DEPARTMENT. Relation of courts to. 1915A, 175, 1141; 1915B, 988; 191GT?, 141; 1917 A, 276. EXECUTORS AND ADMINISTRA- TORS. In general; appointment. Rights, powers, and duties. in general. possession or disposal of prop- erty. Liabilities. Assets. Suits affecting estate. on behalf of. suits and judgments against. Debts and obligations of estate. in general. presentation and proof of claims. payment and priority. burial expenses. Distribution; accounting; settlement; discharge. in general. commissions; reimbursement. deduction or set-off. Sale of land for debts. Foreign and ancillary administrators. In general; appointment. As to legacies, generally, see WILLS. Annotation. Effect of insertion of unauthorized pro- vision in bond of. 1917B, 992. Liability of bank for misappropriation of deposit by. 1915C, 518; 1915E, 309; 1916F, 1059. Attachment of property in hands of execu- tors. 191 5D, 1064. Stockholder of bank which is made executor of will as witness to its execution. 1916D, 179. Administration of estate of deceased per- son as a proceeding in rem. 1917E, 544. Jurisdiction to appoint. 1915D, 856; 1916B, 794. Appealability of decree refusing to appoint administrator. 1915D, 856. Validity of appointment. 1917E, 544. Ratification of appointment. 1917E, 544. Who entitled to appointment. 1915C, 581 ; 191 5D, 373; 1917A, 486. Disqualification to act of corporation named as executor in will witnessed by one of its stockholders. 1916D, 179. Rights, powers, and duties. in general. Authority to waive bar of statute of limita- tions. 1915B, 1016. Power to bind estate for boxes necessary to market a crop of apples belonging to the estate. 191 7E, 966. , Effect of repeal of Inheritance Tax Act to relieve executor from duties imposed by reperled act. 1917E, 1160 Ratification by executors of contract with agent by testator. 1915C, 601. Executor de. son tort. 1915E, 840. possession or disposal of property. Annotation. Adverse possession: possession of exe- cutor or administrator as continua- tion of that of ancestor. 1917C, 147. EXECUTORS AND ADMINISTRATORS. 181 Tacking possession of executor to that of his testator to establish adverse pos- session. 1917C, 143. Transfer by corporation at instance of ex- ecutor of testator's stock to persons having mere defeasible estate. 1917E, 266. Right of personal representative of depend- ent person to award made under Work- men's Compensation Act. 1916D, 944. Estoppel of beneficiary of insured who has surrendered his rights to recover as administrator of the insured. 1915A, 872. Application of deposit by. 1915C, 518. Deposit by executor of funds of estate in his individual bank account. 1916F, 1059. Rights of administrator in money deposited in bank by his intestate to credit of himself or another. 1917C, 548. Right of administrator to ratify order upon decedent's bank account which he had forged so as to absolve the bank from liability. 1915E, 840. Liabilities. Agreement by director of corporation to declare and pay dividend in considera- tion of release from liabilitv as execu- tor. 1917A, 1068. Liability for inheritance tax. 1915C, 615; 1915D, 450. Liability to garnishment. 1917F, 394. Liability of administrator requesting bank to hold deposit against claimant to re- imburse bank for interest which it is compelled to pay on a legal establish- ment of the claim. 1915E, 797. Assets. Situs of corporate stock for purpose of transfer on books of company. 1915C, 471. Rights of administrator in money deposited in bank by his intestate to credit of himself or another. 1917C, 548. Life insurance as assets of decedent's estate. 1917F, 1137. Misappropriation of deposit by. 1915C, 518; 1915E, 309; 1916F, 1059. Suits affecting estate. on behalf of. Survivability of action, see ABATEMENT AND REVIVAL. Set-off by or against, see SET-OrF AND. COUNTERCLAIM. Effect of death on competency of witness in action by, see WITNESSES. Annotation. Right of foreign or domestic repre- sentative to maintain action for death of decedent under a statute of anotJier state ichicJi provides that the action sJiall be brought by the personal representative. 1917A, 34:. Jurisdiction in suits affecting. 1915A, 1179; 1916A, 1181; 1917C, 171; 1917E, 514. Evidence to show payment in action by ad- ministratrix on duebill. 1915C, 976. Intervention of administratrix having claim against insolvent bank in proceedings to wind it up. 1915A, 299. Right of executor to maintain assumpsit to recover money paid into court on con- demnation of property and obtained by rival claimant. 1917A, 685. Right to maintain action for death. 1915E, 1069, 1141; 1917A, 34, 1128. Effect of fact that woman's marriage took place after her husband had received a mortal injury through another's neg- ligence to prevent her recovering for his death as executrix of his estate. 1915E, 1199. Workmen's Compensation Act as infringing personal representative's right to re- cover for death. 1916A, 389. suits and judgments against. Running of statute of limitations against, see LIMITATION OF ACTIONS. Interruption of running of limitation against. 1915B, 1016. Presumption as to validity of judgment against estate. 1916A, 1181. Conclusiveness of judgment in action against administrator of contractor in subse- quent action against contractor's sure- ty. 1916A, 881. Debts and obligations of estate. in general. Set-off by or against decedent's estate, see SET-OFF AND. COUNTERCLAIM. Annotation. Statutory exemption of proceeds or avails of life insurance as inuring to benefit of estate where policy is payable to executors or administra- tors or estate. 1917F, 1143. Refusal of administrator to allow claim as res judicata. 1915D, 754. Construction of statute impressing estate of decedent with trust in favor of cred- itors. 1915D, 754. Exemption of proceeds of life insurance from debts of succession of insured. 1917F, 1137. For employment of attorney. 1916C, 759. Right of woman deceived into void mar- riage to recover from supposed hus- band's estate value of services rendered. 1917B, 681. Right of judgment creditor to seize prop- erty of succession of deceased person. 1917C, 494. Failure of administrator to include claim for goods purchased in his account to administrator de bonis non as prevent- ing vendor from enforcing the claim against the latter. 1917E, 966. Tromissory note executed as a gift. 1917E; 1060. 182 EXECUTORS AND ADMINISTRATORS; EXECUTORY CONTRACTS. Liability of estate of deceased stockholder upon stock owned by him. 1915B, 797. presentation and proof of claims. Right of creditors to prove their claims in either jurisdiction where there are both principal and ancillary administrations. 1915D, 754. Collusion by administrator in establishment of claim against estate. 191 5C, 736. Presentation of claim against estate of de- ceased incompetent without prior pre- sentation in guardianship proceedings. 1917B, 676. Time to present. 1915B, 797; 1915D, 754; 1917A, 443; 1917E, 1100. payment and priority. Priority. 1915F, 1041. burial expenses. Binding effect on administration of act of executor de son tort in paying funeral expenses. 1915D, 948. Right of coroner selling property of decedent to allowance for funeral expenses in ac- tion by administrator. 1915D, 948. Distribution ; accounting; settlement; discharge. in general. Annotation. Effect of discharging executor or ad- ministrator before inheritance tax is paid. 1917E, 1162. Payment to distributee of his distributive share without notice to the creditors and before the passing of executor's ac- count. 1917F, 394. Collateral attack on decree of distribution. 1915A, 1179. Collateral attack on decree as to executor's account. 1915C, 518. Filing objections to administrator's account because of his collusion in establishing claim against estate. 1915C, 736. Allowance to widow incarcerated for crime. 1916E, 593. Inheritance tax on allowance to widow or family. 1917F, 436. Validity of discharge of executor before he has paid inheritance tax. 1917E, 1160. Allowance by courts of testator's domicil of inheritance tax after decree of other state discharging administrator. 1915D, 450. commissions; reimbursement. Annotation. Bight of executor to allowance for at- torneys' fees for services ren- dered in attempt to establish or resist attaclc upon will. 19 17 A, 45O. Right of executor to allowance for services and expenses in unsuccessful effort to probate will against contest. 448. 1917A, Reimbursement. 1917A, 448; 1917B, 1043. Requiring the half interest of the heirs of a wife in community property to bear part of the cost of administering the estate of the husband. 1917F, 1137. deduction or set-off. Jurisdiction to order deduction of indebted ness of distributee to estate. lOHA. 1179. Priority of lien for indebtedness of heir to estate over liens of judgments against him. 1915A, 1179. Sale of land for debts. Necessity of statement of the case on ap- peal from order refusing to grant pe- tition for sale of land. 1915D, 754. Appealability of order refusing to grant pe- tition for sale of land. 1915D, 754. Collateral attack on judgment directing sale of realty to pay debts. 1916E, 298. Right of creditors in a foreign jurisdiction to apply for the sale of real estate. 1915D, 754. Presumption of genuineness of written con- sent by infant remaindermen to sale of land. 1917E, 1103. Adverse possession by purchaser at ad- ministrator's sale for payment of debts which is void as against remainder- men. 1917E, 1103. Sale of land of nonresident decedent to pay debts proved in domiciliary jurisdiction to exclusion of heirs in state where land is located. 1915D, 754. Sale of land to pay claims properly filed in the state of administrator's appoint- ment, but not filed within time limited in ancillary administration in the state where the property is situate^. 1915D, 754. Foreign and ancillary administrators. Liability for inheritance tax. 1915D, 450. Situs in state of ancillary administrator of stock for purpose of transfer on books of company. 1915C, 471. Requiring legatee to establish his claim in ancillary proceedings; effect of local statutes. 1915 A, 431. Power of foreign creditor of nonresident leaving property in the state to gain the advantage of a resident by secur- ing judgment against the estate in the courts of the state. 1915F, 1041. Right of creditors to prove their claims in either jurisdiction where there are both principal and ancillary administrations. 1915D, 754. Effect of failing to file claims in ancillary administration vithin time limited where they were properly filed in prin- cipal administration. 1915D, 754. EXECUTORY CONTRACTS. Annotation. Right of trustee in bankruptcy with re- spect to executory contracts of bankrupt. 1917F, 657. EXECUTORY CONTRACTS EX MALEFICIO. 183 Of bankrupt, assumption of, by trustee. 1917F, 654. Anticipatory breach. 1915E, 851. Damages for breach of executory contract of purchase. 1915E, 851. Right of one in possession under executory contract of purchase to maintain ac- tion for injury to land. 1915F, 1289. Subjecting to judgment lien interest of vendee in possession under executory contract of purchase. 1915B, 340. EXECUTORY DEVISE. See WILLS. EXEMPLARY DAMAGES. See DAMAGES. EXEMPTIONS. In general. Property and rights exempt. Who may claim. In general. Homestead exemption, see HOMESTEAD. From taxation, see TAXES. From process or arrest, see WBIT AND PBOC- ESS. Annotations. What constitutes a "family" under exemption laws. 1917C, 361. Amount of wages exempt upon succes- sive garnishments. 1917D, 899. Inability of one whose exempt property is seized under execution to give bond to stay seizure and sale, to estop him from thereafter attacking sale. 1917F, 732. Impairment of obligation of contract by ex- emption law. 1917F, 1137. Liberal construction of exemption laws. 1916B, 1288. Evasion of exemption laws by creditor. 1915A, 1186. Selection of exempt property. 1915D, 381. As against claim of the state for fines. 1915A, 1214. Successive garnishment of wages. 1917D, 898. Property and rights exempt. Annotation. Statutory exemption of proceeds or avails of life insurance as inuring to benefit of estate where policy is payable to executors or administra- tors, or estate. 1917F, 1143. Liberal construction of exemption law. 1916B, 786, 1288. Exemption of proceeds of insurance that acquires homestead character after fire. 1917C, 353. Insurance on life. 1915A, 1201; 1917F, 1137. Chickens and ducks. 1916B, 786. Exemption of "all provisions and forage on hand or growing for home consump- tion." 1916B, 786. Exemption of tools and apparatus used in any "trade or profession." 1915F, 916 j 1916B, 1288. Who may claim. Nonresidents. 1915A, 396, 421. EXHAUSTION. Death from pneumonia following exhaustion from overwork and exposure to cold as within protection of Workmen's Com- pensation Act. 1917D, 77. EXHIBITION. Of person to jury, see DISCOVERY AND IN- SPECTION. Annotation. Of child for purpose of determining paternity in bastardy proceedings. 1917B, 1148. Of person to jury. 1917B, 1143. In street. 1915F, 568. Loss of property placed on exhibition. 1915A, 594. EXHIBITS. With pleading, see PLEADING. Taking exhibits into jury room as revers- ible error. 1915C, 315. EXISTING OBLIGATION. Annotation. Performance of existing contract obli- gation as consideration for new promise by stranger to the contract. 1917D, 11O4. Performance of, as consideration for con- tract. 1917D, 1100. EX MALEFICIO. Trust ex maleficio. 1915A, 711; 1915C, 328. 184 EX PARTE AFFIDAVITS EXPLOSIONS AND EXPLOSIVES. EX PARTE AFFIDAVITS. As evidence. 1917B, 132. In contempt proceeding. 1917B, 113. EX PARTE ORDER. For appointment of receiver. 1915A, 606. EXPECTANCIES. Rights of heirs and distributees in dece- dent's estate generally, see DESCENT AND ^ISTBIBUTION. Annotation. Effect upon sale, assignment, or re- lease of expectancy of assignor's predecease of ancestor. 1917C, 267. Rights of assignee of expectancy of one who predeceases his ancestor, as against heirs of grantor. 1917C, 266. Death of heir assigning expectancy within lifetime of his ancestor. 1917D, 228. EXPENDITURES. Estoppel by permitting. 1915A, 288; 1916B, 653; 1916C, 233, 939. EXPERT TESTIMONY. Admissibility of, see EVIDENCE. Weight of. 1915A, 1078, 1088; 1916A, 1079; 1916D, 144, 1074. 4 EXPLANATION. Parol evidence for purpose of, see EVIDENCE. Evidence in explanation or rebuttal, see EVIDENCE. EXPLOSIONS AND EXPLOSIVES. In general. Itegnlation of explosives. Injuries from accidental explosions. in general. illegal or negligent storage or keeping. negligent shipment or trans- portation. In general. Of blast, see BLASTING. Annotation. Keeping of explosives on insured prem- ises. 1917C, 278. Use of explosives on ins-ired premises. 1917C, 276. Expiosion as causo of loss insured against. 1917C, 487. Mechanics' lien for explosives. 1915B, 708. Injunction against operation of powder mill. 1915A, 615. Regulation of explosives. Exclusiveness of Federal regulations as to shipment of explosives. 1916B, 716. Injuries from accidental explosions. in general. Proximate cause of injury, see PROXIMATE CAUSE. Annotations. Applicability of rule res ipsa loquitur in case of injury to servant by ex- 2>Zo.sJon. 1917 E, 187. Liability for injury to children from explosives left accessible to thi'in. 1917 A, 1295. Presumption and burden of proof as to neg- ligence. 1916E, 1074; 1917C, 487. Evidence in action for injury by explosion. 1915D, 834; 1917F, 1043. Sufficiency of proof of negligence. 1915F, 1000; 1916B, 716; 1916E, 1074. When limitations begin to run against right of action for. 1917B, 1253. Who bound by judgment in action for in- jury by explosion. 1915C, 336. Right of seller to recover from manufac- turer amount which he is compelled to- pay a purchaser for injury due to ex- plosion of oil. 1915C, 336'. Liability of master for negligence of em- ployee. 1915F, 945; 1917A, 1290. Liability of city for negligence of employees as to explosives. 1917A, 992; 1917C, 429. Injurv to servant by explosion. 1915F, 578, 1*000; 1916D, Lll; 1917E, 178, 182; 1917F, 1043. In discharge of fireworks. 1917B, 1239. Injuries to child. 1915F, 638; 1917A, 992, 1290; 1917C, 429. Injury through fright caused by explosion. 1915D, 830; 1916E, 743. Injury by explosion of gas. 1915D, 830; 191 6 A, 1224; 1916D, 1138. illegal or negligent storage or keep- ing. Instructions as to. 1917F, 1043. Negligent storage of dynamite as proximate cause of injury. *1917F, 621. Liability of powder company aiding person in storing dynamite contrary to city ordinance. 1917F, 621. Negligence in keeping solidified glycerine. 1915E. 479. As a nuisance. 1915A, 615; 1915E, 430; 1916B, 716. I v EXPLOSIONS AND EXPLOSIVES EYESIGHT. 185 negligent shipment or transporta- tion. Liability of carrier for injury to neighbor- ing property by explosion of dynamite during transportation. 1916B, 716. Injury to vessel by explosion of dynamite at pier. 1916B, 716. EXPORTS. Duties on, as regulation of commerce, see COMMERCE. EX POST FACTO LAW. See CONSTITUTIONAL LAW. EXPRESS COMPANY. In general, see CABKIEES. Liability for injury to person in office of. 1916C, 1208. Liability for transporting contraband liquor. 1916C, 291. Valuation of property of, for taxation. 1915C, 522. EXPULSION. From benevolent society, see BENEVOLENT SOCIETIES. Of passenger or trespasser, see CARBIEBS. Of member of labor organization. 1917C, 1053. EXTENDED INSURANCE. See INSURANCE. EXTENSION. Of recognizance to subsequent term of court. 1916F, 361. Effect on negotiability of note of provision for extension of time of payment. L.R.A.1916D, 1280. Of time, discharge of surety by. 1915C, 831. EXTERNAL, VIOLENT, AND ACCI- DENTAL MEANS. Injury or death of insured by. 1915B, 872; 1915E, 695; 1916B, 617, 1018; 1916D, 1176; 1916E, 945, 1196. EXTINGUISHMENT. Of contracts, see CONTRACTS. Of levy, see LEVY AND SEIZURE. EXTORTION. Threatening trespasser with prosecution un- less he makes compensation for injury done. 1915B, 1140. EXTRADITION. Who are fugitives. 1915E, 691. Right of state to render to one state a per- son whom it has extradited from an- other upon a charge which is not sub- stantiated, without returning him to the latter. 1916C, 1251. EXTRAORDINARY FLOOD. See FLOOD. EXTRAORDINARY SERVICES. Annotation. Right of officer, contractor, or stock- holder in absence of special con- tract to compensation for extraor- dinary services to corporation. 1917F, 319, 335. Of partner, right to compensation for. 1917F, 571. EYE. Recovery under Workmen's Compensation Act for infection of, after injury by accident. 1916A, 323; 1916C, 1139. Extent of recovery under Workmen's Com- pensation Act for loss of his remain- ing eye by one who had lost the other several years before. 1916B, 1276. Measure of damages for loss of. 1915F, 21. What constitutes total loss of eye. 1916C, 1139. EYESIGHT. Annotation. Duty toward Wind persons or persons ivith defective eyesight as to con- dition of streets. 1917C, 26. Partial loss of, by insured as total disabil- ity. 1917B, 107. Inability of witness to identify will because of failure of eyesight. 1915E, 593. 186 FACILITY OF PAYMENT FALSE IMPRISONMENT. FACILITY OF PAYMENT. FALSE IMPRISONMENT. Clause as to, in insurance policy. 1916F, 457. FACTORS. Question whether contract constitutes a sale or a consignment or agency contract. 1917B, 620. Right of owner shipping property to, to re- cover it as against purchaser from factor. 1917B, 615. Conversion by commission broker. 1917F, 440. FACTS. Review of, on appeal, see APPEAL AND EB- BOB. Injury to patron of fair held by state board of agriculture. 1915E, 469. Liability for death of patron through neg- ligence of concessionaire. 1915C, 632. FALLING OBJECTS. As to missiles, see MISSILE. Proximate cause of injury by, see PBOXI- MATE CAUSE. Annotations. Applicability of res ipsa loquitur in case of injury to servant by fall of object. 1917E, 20 1. Contributory negligence of child in- jured by. 1917F, 106. Contributory negligence of child in- jured by object thrown or falling from train. 1917F, ISO. Fall of building clause in fire insurance policies. 1917F, 1O64. Presumption of negligence as to. 1915B, 426; 1915C, 704, 710; 1916F, 1121. Stipulation in insurance policy against lia- bility for fall of building except as re- sult of fire. 1917F, 1061. Liability of city for death caused by fall of pole in street. 1917B, 548. Liability of contractor erecting banner for injury by fall after work has been ac- cepted. 1917C, 907. Injury to employee by fall of ceiling, as within protection of Workmen's Com- pensation Act. 1917B, 595. Injury by, to person in express office. 1916C, 1208. Injury to property by loose material blown from top of building by wind. 1915F, 835. Neglect in permitting coal to roll over edge of steep decline. 1915B, 426. In general. Who liable. in general. officer. Defenses; justification. In general. Measure of damages for, see DAMAGES. Review on appeal of damages. 1915D, 611. Prejudicial error in remarks of counsel or court. 1915D, 621; 1917D, 694. Question for jury as to probable cause for arrest. 1916F, 399. Admissibility of evidence in mitigation of damages. 1917D, 220. Action for, where plaintiff was arrested under warrant valid in form issued by competent authority upon, sufficient complaint. 1915A, 601. Who liable. in general. Liability of carrier for arrest of passenger, see CABBIEBS. Liability of attorney taking deposition, for false imprisonment in requesting pun- ishment for contempt of witness refus- ing to answer questions. 1917B, 360. Liability of governor for arrest made dur- ing existence of martial law. 1915A, 175. Liability of militiaman for. 1915A, 1141. Liability of complainant. 1915E, 882. Principal or master. 1915F, 1247. Corporations. 1915F, 1247. officer. Annotation. Liability of magistrate for failing to have prisoner brought before him. 1917F, 429. Sufficiency of petition in action for. 19j.5E, 172. Question for jury as to. 1915B, 505. Liability of prosecuting officer. 1916F, 399. Officer making arrest. 1915B, 505; 1915D, 621; 1917F, 427, 1134. Liability of sheriff for wrongful arrest by deputy. 1915E, 172. Magistrate. 1916C, 1295; 1917B, 360; 1917F, 427. Defenses; justification. Evidence in justification. 1917D, 694. Justifying arrest for one offense on ground that person arrested is guilty of an- other offense. 1917D, 220. Conviction of person charged with an of- fense as justification for his wrongful arrest without warrant. 1917D, 694. Written statement by one arrested that he was disorderly and agreeing without consideration not to prosecute if let off. 1916E, 356. Good faith. 1915D, 611; 1916C, 228. FALSE PRETENSES FARMING UTENSILS. 187 FALSE PRETENSES. Fraudulent representations in civil cases, see FBAUD AND DECEIT. Annotation. Promise of marriage. 1917E, SOS. Prejudicial error in remarks of counsel. 1917E, 797. Permitting victim to testify that he is now working for his board. 1917E, 797. Evidence as to acts and declarations of third persons. 1915B, 1125. Evidence of other crimes. 1917E, 797. Sufficiency of proof of. 1915C, 1161; 1917E, 797. Sufficiency of evidence to show tl,at draft taken from victim of the confidence game was not his property. 1917E, 797. Indictment for. 1916E, 783, 1104; 1916F, 683; 1917E, 797, 849. Obtaining professional services of physi- cian by. 1917E, 1046. Liability as accessory before the fact. 1917E, 797. Definition of. 1917E, 849. Cashier's check as property within statute defining confidence game. 1917E, 797. Check obtained by, as a thing of value. 1916E, 1104. Giving of worthless check. 1917E, 849. Securing possession of draft to keep for owner, then cashing it and appropriat- ing the proceeds. 1917E, 797. In selling live stock above the market price by misrepresenting such price. 1916C, 1101. Promise to marry a man so as to obtain money from him with no intention of fulfilling the promise. 1917E, 797. By employee who, having assigned his wages, procures them to be paid to himself. 1916D, 267. Defense. 1916E, 1104. FALSE REPRESENTATIONS. See FBAUD AND DECEIT. FALSE SWEARING. In general, see OATH; PEBJUBY. Provision as to, in insurance 1917E, 983. policy. FAMILY. Annotation. What constitutes a "family" under homestead and exemption laws. 1917C, 361. Existence of, within meaning of homestead law. 1917C, 353, 356. FAMILY EXPENSES. Annotation. What constitute family expenses with- in statute rendering wife or her property liable therefor. 1917F, S61. What are family expenses for which wife may be held liable. 1917F, 860. FAMILY HISTORY. Annotation. Statements respecting, by insured. 1917C, 866. FARE. For passenger, see CABBIEBS. FARM. Construction of representation by vendor of farm that it is in good condition for cropping. 1917C, 270. Modification by equity of trust in farm lands. 1916B, 1073. FARM CROSSING. Duty of railroad company as to. 1294; 1917D, 907. 1916F, FARMERS. See also AGBICULTUBAL SOCIETIES; AGEI- CULTUBE. Annotation. Effect upon state insolvency latvs of provisions of Federal Bankruptcy Act excepting farmers from invol- untary bankruptcy. 1917A, 1O9. Total disability of, within meaning of in- surance policy. 1917C, 910. Involuntary bankruptcy proceedings against farmer. 1917A, 105. Exempting farmers' mutual insurance com- panies from statute regulating insur- ance rates. 1915C, 1189. FARMING. In general, see AGBICULTTJEE. Of public office. 1916E, 618. FARMING UTENSILS. Annotation. Property covered by insurance polf&r on "farming 937. utensils." 1917B, What covered by insurance on. 1917B, 934. 188 FARM LABORERS FERRIES. FARM LABORERS. Annotations. Who is, irilhin statute giving lien. 1917D, 382. Who is a farm laborer within meaning of Workmen's Compensation Act. 1917D, 147. Effect of exclusion of, from operation of Workmen's Compensation Act. 1916D, 412; 1917D, 1, 15. Who is a farm laborer entitled to lien. 1917D, 377. FARM LOANS. Constitutibnality of statute providing for. 191 7A, 495. Partial invalidity of Farm Loans Act. 1917B, 495. Right of taxpayer to enjoin enforcement of Farm Loans Act. 1917A, 495. Exemption from payment of recording fee of farm loan mortgages. 19 17 A, 495. FAULTY CONSTRUCTION. Of leased building, injury to tenant's goods as result of. 1917B, 235. FEDERAL COURTS. In general, see COUBTS. Following state decisions, see COUBTS. State courts following decisions of, see COURTS. Assignability of cross errors in. 1917E, 1. FEDERAL DECISIONS. Effect of, in state courts, see COUBTS. FEDERAL EMPLOYERS' LIABILITY ACT. See MASTEB AND SEBVANT. FEDERAL QUESTION. Presentation of, authorizing appeal to Unit- ed States Supreme Court, see APPEAL AND EBBOB. Jurisdiction of, generally, see COUBTS FEDERAL SAFETY APPLIANCE ACT. Application of, to interurban electric rail- way. 1917A, 558. FEES. In general, see COSTS AND FEES. Of county attorney, SGC DISTBICT AND PBOS- ECUTING ATTOBNEYS. Inspection fees, see INSPECTION. Of officers, see OFFICEBS. Imposition of fee for filing candidate's nomination. 191 5B, 197. FELLOW SERVANTS. See MASTEB AND SEBVANT. FELONY. Compounding felony, see COMPOUNDING FEL- ONY. FENCES. On railroad right of way, see RAILBOADS. Annotations. Mechanics' lien for fencing. 1917D, 353. Liability of property oivner for injury to persons or property in highway due to condition of fence. 1917E, 812. Effect of permitting highway to be inclosed by fences. 1915B, 1084. Insufficiency of fence around reservoir. 1915D, 850. Injurv to animals as result of insufficiency of. 1915D, 1074. Lack of fence as affecting liability to serv- ant. 1916E, 204. Fence as nuisance. 1916E, 871. Liability for erecting spite fences. 1916F, 903. FENDER. Negligence in leaving fender projecting from rear of street car. 1917C, 410. Negligence in failing to equip street car with. 1915A, 742. FERRIES. Exclusive right; subsequent ferry. 1916D, 828. FERTILIZER FIREARMS. 189 FERTILIZER. Warranty on sale of. 1915D, 875. FICTITIOUS NAME. Use of, as tradename. 1915D, 981. Failure to comply with regulations as to right to do business under. 1915E, 747; 1915D, 981, 987; 1916D, 352. FICTITIOUS SUIT. Inciting institution of, as contempt. 1915B, 689. Obstructing justice by inciting institution of. 1915B, 689. FIDELITY INSURANCE. See BONDS. FIDUCIARIES. Paying individual check of fiduciary out of trust fund. 1915B, 715; 1915E, 309; 19KE, 610; 1916F, 1059. FIDUCIARY RELATION. Between corporations and officers, see COR- POBATIONS. FIERI FACIAS. See EXECUTION. FIGHTING. Injury received during fight as accident within meaning of insurance policy. 1915E, 127. FILING. FINALITY OF DECISION. For purpose of appeal, see APPEAL AND ER- ROR. FINANCIAL STANDING. Evidence as to, see EVIDENCE. FINDER. Larceny of property founded. 1916A, 465. When money is lost so as to entitle dis- 4 coverer to its custody. 1916A, 465, 655. FINDINGS. Review of, on appeal, see APPEAL AND ER- ROR. Prejudicial error as to, see APPEAL AND ER- ROR. By the court generally, see TRIAL. Review of findings of Workmen's Compen- sation Commission, see WORKMEN'S COMPENSATION. FINES. As to penalties generally, see PENALTIES. Exemption as against claim of the state for. 1915A, 1214. Duty of state's attorney to prosecute action to recover. 1917B, 176. Sufficiency of title of act providing for dis- posal of. 1917B, 176. Repeal of statute providing for disposition of. 1917B, 176. Statute providing fine for failure to pay wages in cash. 1915B, 645. Right of prosecuting attorney to commis- sion on fines collected by him. 1917B, 176. Lien on, of state's attorney, for compensa- tion. 1917B, 176. Who entitled to interest accumulated upon. 1917B, 176. For contempt. 1915D, 569; 1917E, 703. FIREARMS. Of chattel mortgage, see CHATTEL MORT- I Right to carry, see CARRYING WEAPONS. Negligence in sale of, to infant. 1915C, 460. Of rates by carrier. 1917A, 265; 1917B, 787; 1917C, 1124; 1917F, 1128. Imposition of fee for filing candidate's nomi- nation. 1915B, 197. Injury through discharge of gun in hands of hunting companion. 1915E, 267. Trespass for injury caused by accidental discharge of firearm. 1916D, 1179. 190 FIRE DEPARTMENT FISHERIES. FIRE DEPARTMENT. Annotation. Liability of street railway company for injury caused by collision with fire apparatus. 1911E, 415. Negligent storage of dynamite as proximate cause of death of fireman. 1917F, 621. Liability of charitable institution for injury to fireman by unsafe condition of fire escape on building. 1917D, 967. Liability of city for injury by fall of pole in street used exclusively by its fire department. 1917B, 548. Liability of municipality for negligence of firemen. 1917B, 548; 1917E, 1170. Imputing negligence of driver of fire truck to fireman riding with him. 1917E, 405. Contributory negligence of fireman injured by collision with street car. 1917E, 405. 4 FIRE ESCAPES. On buildings, generally, see BUILDINGS. Liability of charitable institution for in- jury to fireman by unsafe condition of fire escape on building. 1917D, 967. FIRE INSURANCE. See INSURANCE. FIRE LIMITS. Validity of regulations as to. 1915D, 595. FIREMEN. Members of city fire department, see FIBE DEPARTMENT. Liability of master for death of locomotive fireman by overturning of engine. 1917E, 210. Regulating hours of labor of stationary fire- men. 1916B, 1270. FIRES. Criminal liability for setting, see ARSON. Insurance against loss by, see INSURANCE. Proximate cause of loss or injury by, see PROXIMATE CAUSE. Liability of railroad for, see RAILROADS. Annotations. As an attractive nuisance. 1O36. 1917F, Contributory negligence of child in- jured by. 191T/F, 1O8. Danger of, as element of damages in con- demnation proceedings. 1916A, 1079. Opinion evidence as to cause of. 1915A, 1045; 1915D, 229. Right of life tenant to recover for damages to remainder from one negligently set- ting fire to property. 1916A, 787. Right of electric company to sever wires to store in case of fire. 1916D, 447. Negligence as to wall left standing afler. 1915C, 704. Recovery for personal injuries received in fighting prairie fire negligently set. 1915E, 991. Liability for act of bartender in pouring alcohol upon foot of guest and setting fire thereto. 1916E, 269. Master's liability for damage by fire set by servants. 1916F, 1120. Liability of bailee for. 1915B, 295. Municipal liability for injury by. 1917B. 1239; 1917D, 914. Liability for injury to infant by. 19l7F r 1033. Destruction of building by, measrure of dam- ages. 1917A, 365. Liability for rent after destruction of the property. 1916F, 276. Frightening cattle by negligently setting lire to pasture. 1917C, 983. FIRE UNDERWRITERS. See INSURANCE. *-- FIREWORKS. Annotalion. Keeping of, on insured premises. 1917C, 278. FISHERIES. Right of person owning soil of meandered lake to fish in waters of the lake, in violation of statute designed to protect the fish. 1916E, 522. Statute as to condemnation of property used in violation of fish laws. 1916F, 910. Seizure without warrant of property used in violation of fish and game laws. 1916F, 910. Exercise of right of eminent domain for acquisition of oyster beds. 1915E, 443. Impairment of contract rights of lessee of oyster bed. 1915E, 443. Effect of judgment to bar proceeding to ascertain whether oyster bed is desir- able for public use. 1915E, 443. FISH WARDEN FOOD. FISH WARDEN. Authority to arrest. 1915F, 1031. FITNESS. Warranty of, see SALE. FIXTURES. In general. What are generally. Effect of mortgage. Remedies. In general. Allowance for, on condemnation of prop- erty. 1915D, 492; 1916D, 713. Authority of real estate agent to bind prin- cipal by representations as to fixtures. 1915F, 634. False representations as to, by vendor of property. 1915F, 634. Tenant's right to remove fixtures. 1915A, 654; 1915E, 822. WJiat are generally. Eflect of intent of parties. 1916F, 1275. Refrieratins* plant sold conditionally. 1916E, 615. Wharf affixed to soil. 1916A, 691. Effect as to third persons of agreement be- tween landlord and tenant as to. 1915E, 822. Amusement devices placed by lessee in amusement park. 1915A, 654. Effect of mortgage. What are fixtures as between conditional vendor of chattels and mortgagee of real estate. 1915F, 1275. Right to enforce mechanic's lien against building distinct from the land. 1917C, 1116. Building erected on posts. 1917C, 1116. Remedies. Injunction to prevent municipality from interfering with removal by street con- tractor of pavement rejected by city. 1915B, 173. FLAG. Forbidding carrying of red flag in parade. 1915B, 706. FLAGMAN. Annotation. Reliance on flagman by child on or about railroad trades. 1917F, 151. 191 Duty to provide, at railroad crossing. 1915A, 363. FLASHLIGHT POWDER. Annotation. Keeping of, on insured premises. 1917C, 2SS. 4 FLOOD. Liability for causing, see WATER. Burden of proving that storm occasioning flood was unprecedented. 1917A, 501. Deposit of cottage upon street railway tracks by flood. 191 7C, 1038. What constitutes an ordinary and what an extraordinary flood. 1917A, 501. Injury to property in warehouse by. 1915D, 725. Loss of goods by, during transportation. 1916D, 974. Flooding of mortgaged land; right of mort- gagor who is unable to exercise his right of redemption to damages. 1917F, 790. FLOUR DUST. Annotation. Liability on insurance policy for loss caused by explosion of. 1917C, 285. FLYUTG SWITCH. Negligence in making. 1916C, 1029 - 4 F. O. B. Annotation. Which party is to furnish cars under a contract to ship goods f. o. b. 1917B, 1163. Rights of parties to sale f. o. b. 1157. 1917A, FOLLOWING TRUST PROPERTY. See TBUSTS. FOOD. Constitutionality of regulations as to, see CONSTITUTIONAL LAW. 192 FOOD FORFEITURE. As to weights and measures generally, see WEIGHTS AND MEASURES. Annotations. Applicability of Sunday laws to sale of food and refreshments. 1917C, 381. Modification of food products as man- ufacturing within tax exemption provisions. 19 17 A, 53. Validity of regulations as to milk. 1917C, 243. Regulations affecting ice cream. 1917B, 2O7. Implied warranty of fitness of animals sold for slaughter. 1917D, 823. Implied warranty of fitness on sale of food. 1917F, 472. Interstate commerce in. 1916E, 380, 1180; 1917A, 1116; 1917B, 1272. Olaim for provisions to feed contractor's employees, as within protection of his bond. 19 17 A, 336. Collecting, pasteurizing, and selling milk as a manufacturing process within tax exemption. 1917A, 48. Implied warranty on sale of. 1915C, 179; 1917F, 469. Implied warranty of fitness on sale of ani- mal to be slaughtered for food. 1917D, 822. Who may bring action against seller of un- fit food for breach of warranty. 1916D, 1006. Sufficiency of title to pure food act. 1917B, 808. Partial invalidity of pure food statute. 1917B, 808. Validity of statute fixing standard for ice cream. 1917B, 198. Requiring milk dealers to pay for their pur- chases of milk twice a month. 1917 A, 480. Forbidding carrier to transport milk when warmer than a specified temperature. 1917C, 238. Providing that certain food products sold in package form shall be deemed "mis- branded" if any gift or premium is contained in package. 1917A, 1116. What constitutes adulteration within mean- ing of statute. 1915B, 774. Presumption and burden of proof as to adulteration. 1915B, 774. Presumption of negligence from violation of statute forbidding selling of unfit food. 191 6D, 1006. Statute regulating production of olcomar- garin. 1915A, 757. Requiring one selling imported eggs to an- nounce that they are imported. 1916E, 1180. Requiring lard to be sold in containers con- taining a certain amount net weight. 1916E, 380. Requiring certain articles to be sold by avoirdupois weight or numerical count. 1916E, 377. Requiring net Aveiglit of print or package to be stated on label or disclosed by seller to bayer. 1915D, 515. Indictment for violation of statute as to weight of packages. 1915D, 515. Civil liability for injury from serving or sale of unfit food. 1915A, 328; 1915B, 481; 1915C, 179; 1916A, 940; 1916D, 1006; 1917B, 1272. Criminal offense of selling diseased or spoiled food. 1916E, 326; 1917F, 469. FOOT SCRAPER. Injury to servant tripping over. 1915F, 583. FORECLOSURE. Mechanic's lien, see MECHANICS' LIENS. Of mortgage generally, see MORTGAGE. FOREIGN CORPORATIONS. See CORPORATIONS. FOREIGN EXECUTORS AND AD- MINISTRATORS. See EXECUTORS AND ADMINISTRATORS. FOREIGN JUDGMENT. See JUDGMENT. - *-*- - FOREIGN LAW. Presumption as to, see EVIDENCE. False representations as to. 1915A, 675. Necessity of pleading. 1917C, 767. FOREIGN RECEIVER. See RECEIVERS. FOREMAN. Authority to employ help. 1917C, 1199. Delegation of master's duty to. 1915F, 15. Theory that negligence of foreman combined with his negligence as a fellow servant in causing injury. 1916F, 1208. FORFEITURE. Of franchise of insurance company, see IN- SURANCE, FORFEITURE FRATERNITIES. 193 Of insurance policy, see INSURANCE. Of lease, generally, see LANDLORD AND TEN- ANT. Of oil or gas lease, see MINES. Of bail bond. 1916A, 361; 1916E, 595. Of domicil. 1916E, 1115. Of vehicles used in conveying liquor intend- ed for illegal use. 1916E, 338. Of right to cut or remove timber. 1915 A, 571. Of license of foreign corporation for removal of action against it. 1915F, 1187. Of franchise of telephone company. 1917F, 1178. Of option for extended insurance. 1917A, 1237. Quieting title forfeited for breach of condi- -tion subsequent. 1917C, 879. Necessity of notice of forfeiture before com- mencing action for breach of condition subsequent. 1917C, 879. FORGERY. Payment by bank of forged paper, see BANKS. Of check, generally, see CHECKS. Of telegram, see TELEGBAPHS. Of travelers' check, see TBAVELEBS' CHECKS. Xiabilitv as accessory ior principal. 1916F, 1251. Rights of purchaser of draft with forged bill of lading attached as against car- rier. 1916D, 709.- Recovery of money paid on forged draft against United States Treasury. 1915D, 797. Of bill of lading. 1916D, 709. Of negotiable paper as defense. 1915A, 166. By administrator. 1915E, 840. FORMAL SUIT PENDING. As ground to the abatement, see ABATE- MENT AND REVIVAL. FORMER JEOPARDY. See CRIMINAL LAW. FORMER TESTIMONY. Admissibility in evidence, see EVIDENCE. 4 FORTHCOMING BOND. Annotation. Effect of insertion of unauthorized pro- visions in. 1917B, 1O12. L.R.A. Tri. Index 1M 5-17 13. FOWL. Exemption of. 1916B, 786. FRACTION. Of a day. 1917B, 103. 4 FRANCHISE. To take tolls, see TOLLS AND Toix ROADS. Of telephone companies generally, see TELE- PHONES. Of water company, see WATERS. Annotations. Right to transfer or mortgage privilege to use streets for telegraph, tele- phone, or other quasi public pur- pose. 1917D, 7O7. Lease of its property as affecting lia- bility of foreign corporation to franchise tax or tax upon privilege of doing business within the state. 1917D, 1073. Valuation of, for purpose of taxation. 1916B, 1222. Of gas company to use streets. 1915E, 165. Forbidding transfer of franchise of telephone company to use streets. 1917F, 1178. Construction of contract regarding public franchise. 1915A, 246. Stipulated damages in ordinance granting. 1915E, 385. FRANCHISE TAX. In general, see TAXES. Annotation. Lease of its property as a"cting lia- bility of foreign corporation to franchise tax or tax upon privilege of doing business within the state. 1917D, 1O73. Valuation of franchise for purpose of. 1916B, 1222. FRATERNAL SOCIETIES. See BENEVOLENT SOCIETIES. FRATERNITIES. Excluding from state schools. 1915D, 588. 191 FRAUD AND DECEIT. FRAUD AND DECEIT. In general. Concealment; failure to disclose facts. Matters of opinion or of the future. Intent, knowledge, belief, and reli- ance of parties. Misinformation by third person. Remedies. In general. Notice of, to one purchasing negotiable pa- per, see BILLS AND NOTES. Statute of Frauds, see CONTRACTS. Measure of damages for, see DAMAGES. In election, see ELECTIONS. Estoppel by, see ESTOPPEL. Presumption and burden of proof as to, see EVIDENCE. Evidence as to, generally, see EVIDENCE. Sufficiency of proof of, see EVIDENCE. As to f^lse pretenses, see FALSE PRETENSES'. In application for insurance, see INSURANCE. Effect of, on running of limitations, see LIMITATION OF ACTIONS. Of agent, see PRINCIPAL AND AGENT. Question for jury as to, see TRIAL. Annotation. Constitutionality of Blue Sky Laws. 1917 F, 524. Constitutionality of Blue Sky Laws. 1917F, 514. Imputing to principal agent's knowledge of his own wrong. 1915B, 815, 1091; 1916C, 1101; 1917F, 300, 303. Rebutting presumption of. 1915C, 716. Collusion by administrator in establishment of claim against estate. 1915C, 736. Misrepresentation by minor employee as to his age. 1915F, 1082. Of mortgagee in securing possession of chat- tels. 1915E, 192. In discharge of mortgage. 1915F, 554; 1916F, 418. Threat, during negotiations for compromise, to enforce claim by civil action. 1915B, 1. False representations as to law of other state. 1915A, r,75. False representation that ownership of land carries privilege of using water for ir- rigation. 1915A, 673. False representation by vendor as to price received on specified sales. 1916F, 780. Retention of title to goods sold as fraud. 1917B, 651. Concealment; failure to disclose facts. Effect of, on running of limitations, see LIMITATION OP ACTIONS. Annotation. Duty of seller to disclose defect in animal. 1917C, 619. Secret commission by owner of property to broker emploved by purchaser. 1915D, 257. Failure of purchaser of note to disclose that he is making purchase for the maker. 1917A, 1725. Failure of seller of animal to disclose de- fects in. 1917C, 617. Matters of opinion or of the future. Annotation. Representations by vendor as to qual- ity or condition of soil. 1917C, 373. False valuation of property by vendor. 1916F, 780. Statement by vendor that irrigation project would pass close to property. 1916B, 1069. Representation by vendor of lots in town laid out by him that no liquor should ever be sold in the town. 1917F, 949. Representation by vendor of farm that it is free from 'weeds which would make cropping impracticable. 1917C, 270. Expression of opinion by officer of cor- poration as to value of stock he to purchase from stockholder. 1917E, 988. Fraud in recognition of another for credit. 1915A, 100. Intent, knowledge, belief, and reli- ance of parties. Review of finding as to reliance on repre- sentations. ' 1915A, 675. Equal means of knowledge. 1915F, 634; 1916B, 697. Knowledge and reliance of party deceived. 1915F, 634; 1916B, 607; 191 7C, 270. Of partv deceiving or making statements. 1917A, 556; 1917F, 949. Misinformation by third person. Right of general creditor to maintain ac- tion against third party for fraudulent- ly inducing such creditor to forbear legal action to collect his debt. 1917E, 1146. Remedies. Measure of damages for, see DAMAGES. Effect of, on running of limitations, see LIMITATION OF ACTIONS. Annotations. Validity and application of incontest- able clause in insurance policy in case of fraud. 1917E, 338. Action by general creditor for damages against tliird person on account of fraud in disposing of debtor's prop- erty, or preventing plaintiff from collecting liis claim. 1917E, 114=8. Fraud as ground of attack on divorce decree*. 1O17B, 441. Right of action for fraud or deceit caus- ing loss of remedy. 1917F, 712. FRAUD AND DECEIT FREE SERVICE. 195 failure to read contract as affecting right to assert fraud in respect thereto. 1917 F, 637. Action for fraudulently preventing person from bringing action within time al- lowed by Statute of Limitations. 1917F, 717. Effect of electing remedy. 1915F, 962. Joinder of causes of action for. 1915E, 451. Sufficiency of proof of damages. 1915A, 075. Statute raising prima facie presumption of fraud. 1915C, 716; 1917D, 15. Estoppel as to. 1915C, 613. Necessity of acting promptly upon discover- ing fraud as to restriction in deed as to use of property. 191 5 A, 679. Estoppel of insurance company by fraud of agent. 191 5A,' 273. Right of action against third person who fraudulently induces change of benefi- ciary by insured. 1916C, 1134. Of insured, effect of incontestable clause on. 1917E, 333. EfTect of fraud preventing action under Federal Employers' Liability Act with- in prescribed time. 1917E, 322. Right to recover money obtained by fraud after its payment to an innocent third person. 1917A, 704. Setting aside release because of fraud. 1917E, 399. ~*v. ~" As ground for release from subscription to stock. 1915D, 792; 1917C, 890. Fraudulent agreement between promoter and subscriber to corporate stock as defense to liability on subscription. 1915A, 390. Collateral attack on judgment for. 1916B, 977; 1916D, 1, 4. As ground for relief against judgment. 1915F, 820; 1916B, 883; 19i7B, 405; 1917D, 880. As ground for divorce. 1916C, 737; 1916E, 643, 648. Annulment of marriage for fraud in procur- ing. 1916E, 1273; 1916F, 526. Deceit by attorney as ground for reprimand or suspension. 1917B, 378. Right of one defrauded into taking lease at certain rent to recoup his damages in action for rent. 1917B, 760. Rescission of contract for, generally. 1915D, 257; 1916B, 862; 1916D, 377; 1916F, 476; 1917C, 617, 890; 1917E, 988. Effect of death on right to rescind contract for fraud. 1916B, 862. Plight of infant during minority to rescind contract for fraud. 1915A, 1221. Assumpsit to recover purchase price paid on rescission of contract for fraud. 19 15 A, 1221. Effect of death to abate action to recover for loss caused by purchase of worthless stock induced by fraud. 1917D, 832. Effect of, on release from mortgage. 1917E, 1052. Right of one who fraudulently induces an- other to lend money to a third, who largely increases the loan, as to applica- tion of payments made thereon. 1916E, 362. Right of vendee to maintain action for fraud where vendor has lawfully termi- nated the contract for vendee's failure to make stipulated payments. 1915F, 962. Liability in assumpsit for purchase price paid, of stranger whose false represen- tations aided infant in sale of property. 1915A, 1221. As ground for injunction against illegality of tax. 1916C, 522. Fraud as element of suit to enjoin use of name. 1916D, 116. Effect of fraudulent intent that note shall be returned as defense to action there- on. 1916A, 1215. FRAUDS, STATUTE OF. See CONTEACTS. FRAUDULENT CONVERSION. As essential element of embezzlement. 1917B, 1261. FRAUDULENT CONVEYANCES. As to sales in bulk, see SALE. Annotation. Action by general creditor for damages against third person on account of fraud in disposing of debtor's property. 1917E, 1148. FRAUDULENT TELEGRAM. Liability of telegraph company, see TELE- GRAPHS. FREEDOM OF CONTRACT. See CONSTITUTIONAL LAW. FREEDOM OF SPEECH AND PRESS. See CONSTITUTIONAL LAW. - *-- - FREE MASONS. Exemption of, from taxation. 1917B, 710. FREE SERVICE. By public service corporation. 1917B, 908. 196 FREEZING FUGITIVES. FREEZING. Of water pipes in leased building, injury resulting from. 1917B, 238. FREIGHT CARRIERS. See CASHIERS. FREIGHT CHARGES. See CARRIERS. FREIGHT TRAINS. Assumption of risk by passenger on. 1917C, 86. FRIGHT. In general. Damages for mental anguish, eee DAMAGES. Pro: nate cause of injury by, see PBOXI- MATE CAUSE. Evidence in action for injury caused by. 1915D, 834. General rule as to right to recover for fright unaccompanied by bodily injury. 1917A, 7C8. Recovery for injuries from fright due to wil- ful, wanton and malicious acts. 1916D, 614. Injury in attempting to escape from danger which, through fright, is believed to be imminent. 1916E, 743. Injury by fall consequent upon faint caused by an explosion. 1915D, 830. Right to recover for miscarriage caused by fright. 1917A, 394, 708. Liability for injuries inflicted upon property owner, through shock, by street car leaving tracks and running against his dwelling. 1917D, 813. Of animal. Of horse, by railroad train, see RAILROADS. Annotations. Liability for injury to animal from fright caused by wrongful act. 1917C, 991. Liability for death of, or injury to, one attempting to stop a runaway horse. 1917C, 1O83. Liability of railroad company for friglitcnitif/ horse on highway by flagman or warning device at crossing. 1917C, 982. Proximate cause of injury resulting from fright of horse. 1915D, 617. Striking or frightening horse as an assault 1915E, 812. Liability cf street railway company for ac- cident resulting from horse becoming frightened. 1915A, 742. Of horse by steam roller. 1917B, 699. Of horse by loose papers in street. 1915D, 617. Of horse contributing to injury on defective highway. 1915D, 243. Of mule by escape of steam from railroad engine. 1916B, 1079. Negligence in driving mule known to be afraid of automobiles. 1915C, 702. Liability for injury to animals resulting from fright. 1917C, 983. Voluntarily incurring risk in attempting to stop runaway horse. 1917C, 10S(\ Injury to ono thrown from mule frightened by swinging of unfastened door of house 60 feet from highway. 1917D, 197. FRONTAGE TAX. Annotation. Assessments for improvements by the front-foot rule. 1917D, 372. For public improvements. 1917D, 365. FRONT-FOOT RULE. See FRONTAGE TAX. FROSTBITE. Recovery under Workmen's Compensation Act for frostbite resulting in death. 1916E, 584. FRUIT. Statute for protection of, against plant dis- eases, see PLANT DISEASES. Sale of, on Sunday. 1917C, 377. Requiring destruction of diseased fruit. 1915F, 894. FRUIT TREES. Rescission for breach of vendor's agreement to plant and care for fruit trees. 191 6F, 430. FUGITIVES. Extradition of, see EXTRADITION. FULL FAITH AND CREDIT GARBAGE INCINERATOR. FULL FAITH AND CREDIT. To statutes of other state, see CONFLICT OF LAWS. To judgment of other state, see JUDGMENT. FUNERAL EXPENSES. Liability of decedent's estate for, see EXECU- TORS AND ADMINISTRATORS. Contract to furnish funeral as insurance. 1915B, 976; 1915D, 501. Dissolution of corporation issuing certifi- cates guaranteeing funeral. 1915B, 976. FUTURE CROPS. Mortgage of. 1917C, 1, 6, 7. FUTURES. Validity of dealing in. 1916B, 1056, FUTURE WAGES. Assignment of. 1915B, 191; 1915E, 1017; 1916E, 247. GAMBLING. See GAMI::G. GAME AND GAME LAWS. Constitutionality of regulations as to, see CONSTITUTIONAL LAW. As to fish, see FISHERIES. Annotation. Serving game or fish with meal a vio- lation of game law. 191'1F, 769. Authority of fish warden to serve warrant of arrest. 1915F, 1031. Application of statute forbidding sale of game birds for food purposes to serving by a hotel keeper for pay of game birds rightfully given to him. 1917F, 766. Seizure without warrant of property used in violation of fish and game laws. 1916F, 910. Questions reviewable on appeal from decree determining ri rhts of ov.ner of domesti- cated game birds. 1916C, 338. Power of Congress to pass laws for the pro- tection of game. 101 5F, 1031. Statute providing for condemnation of prop erty used in violation of game laws. 1916F, 910. Making illegal possession of game whish. had been reduced to possession and domes- ticated at time of passage of act. 1916C, 338. Effect of statute for protection of deer on right to establish herd of domesticated deer taken during open season. 1916C, 338. Right of owner of domesticated deer to kill them during closed season. 1916C, 338. Right of court to empower one maintaining flock of domesticated game birds to dis- pose of them as he sees fit. 1916C, 33&. GAMING. Validity of gaming contract, see CONTRACTS. As to lottery, see LOTTERY. Replevin to recover gambling devices wrong- fully seized. 1915A, 232. One with whom bet is made as an accom- plice of other party. 1915D, 682. Right to seize gambling devices as a mat- ter of preventive justice. 1915A, 232. GARAGE. Annotation. Garage as a, nuisance. 1917E, 369. As public nuisance 1917E, 366. Forbidding erection of garage near church. 1915D, 607. Forbidding storage of inflammable sub- stances in certain locations. 1915D, 603. Estoppel to enjoin use of. 1916C, 939. GARBAGE. Grant of monopoly in removal of. 1915D, 203; 1915F, 1069; 1917E, 1163. Nuisance consisting of hog ranch and garbage assembled to feed the hogs, 1917E, 1007. Validity of ordinance defining garbage and regulating its removal. 1917E, 1163. As a nuisance. 1917E, 1163. Injury from operation of garbage incinera- tor. 1917B, 329; 1917F, 475. Liability of city for negligence in disposal of. 1915C, 747. Criminal liability of garbage reduction com- pany for nuisance. 1915B, 1207. GARBAGE INCINERATOR. Compensation for injury by operation of. 1917B, 329; 1917F, 475. Form of action for injury from operation . of garbage incinerator. 1917B, 329. 198 GARNISHMENT. GARNISHMENT. In general. Against whom. What subject to garnishment. Situs of debt. Effect; rights, duties, and liabilities of garnisbee. in general. effect of judgment. priorities. Procedure. In general. .in IK 'at ions. Garnishment of jttdgment in another court of the state in which it was rendered. 1917 J), 1139. Garnishment of debt after delivery of check, in payment. 1917F, 396. Validity of assignment as against garnish- ment. J916D, 361. Evasion of "exemption laws by garnishment in another state. 1915A, 1186. Full faith and credit to judgment of other state. 1915A, 1186. Garnishment of judgment debtor under judgment of the supreme court of the state in an action in the district court by third person against judgment cred- itors. 1917D, 1137. Garnishment after delivery of postdated check for amount of debt. 1917F, 394. Against whom. Liability to garnishment of one insuring automobile owner against liability for personal injury, by injured person, where insured is insolvent so that the judgment recovered against him is not collectable. 1917F, 924. Garnishment of administrator for share of distributee after delivery of postdated check for the amount thereof. 1917F, 394. Foreign corporation. 1915F, 880. Public officers. 1917F, 1117. County. 1916E, 1153; 1917B, 1269. What subject to garnishment. As to exemptions, see EXEMPTIONS. Property subject to levy, see LEVY AND Annotation. Right to garnish fees or salary of pub- lic officer after expiration of term of office. 1917F, 1119. Salary due to public officer after his term of office has expired. 1917F, 1117. Proceeds of sale of goods in hands of one who purchased them without complying with bulk sales law, by creditors of merchant. 191 6B, 970. Property in carrier's hands. 1916E, 449. Debt made up of traffic balances arising out of interstate commerce. 1915F, 880. Bank deposit. 1915D, 139. Insurance money. 1916E, 597; 1917C, 1061. Future earnings. 1917D, 898. Situs of debt. Garnishment of debt due from corporation doing business within the state whore action is brought to corporation not doing business therein. 1915F, 880. Effect; rights, duties, and liabilities of garnishee. in general. Annotation. Garnishment proceedings and an ictinn to recover the debt pending in dif- ferent states or countries as sus- taining plea in bar or abatement. 1917F, 1O16. Right of debtor to plead in bar on in abate- ment of suit by creditor fact that lie was suir-noned in foreign jurisdiction as garnishee in action against the plaintiff. 1917F, 1013. Effect on garnishee's rights of assignment to him of a judgment against the debt- or rendered in another action. 1917F, ]006. Effect of judgment in other state to protect garnishee. 1915E, 1017. Rights against garnishee, of assignee who, having notice of garnishment, failed to appear. 1915E, 1017. Liability for interest, of garnishee holding attached funds because of claim to them by stranger. 1917B, 938. Effect of garnishment of bank deposit to bind interest subsequently accruing. 1917B, 938. effect of judgment. Annotation. Possibility of appeal from dismissal of garnishment as affecting right to withhold property from debtor. 1917B, 591. Dismissal of garnishment of bank deposit; effect of possibility of appeal. 1917B, 588. priorities. Right of one garnishing as against prior as- signee. 1916E, 79. Effect of consent to sale of property to waive liens therein so as to subject proceeds to garnishment. 1915C, 166. Procedure. Amendment of return of service of process. l n !7C, 148. Effect of service on garnishee of defective writ. 191 7C, 148. Appearance by garnishee, effect of. 1917C, 148. GAS GENERAL DENIAL. 199 GAS. In general. Compulsory service of gas company. Rates; meter. Injuries from; negligence as to. In general. In mine, see MINES. Annotations. Keeping of, on insured premises. 1917C, 278. Death of insured from asphyxiation. 1917D, 74:0. Liability for damage to service mains by excavating in street. 1917E, 1O94. Exacting percentage of receipts of corpora- tion on extending its rights in street. 1915E, 165. Right to use private way for access as in- cluding right to lay gas pipes therein. 1917F, 446. Injury to gas mains laid in street result- ing from construction of sewer. 1917E, 1092. Pollution of water by. 1915A, 369. Death of insured by. 1917D, 738. Compulsory service of gas company. Sufficiency of complaint in action for refusal of company to continue to supply con- sumer. 1915A, 1208. Rates; meter. Valuation of property and franchises for rate-making purposes. 1917B, 950. Discrimination as to rates. 1917E, 970. Provision in contract with gas company that consumers are to pay to company money stolen from prepayment meters. 1915A, 1208. Penalty for delay in payment of gas rates. 1915F, 1180. Injuries from; negligence as to. Explosion as cause of loss insured against. 1917C, 487. Presumption and burden of proof as to neg- ligence. 1915D, 830; 1915E, 1022; 1917C, 487. Sufficiency of proof of negligence. 1915E, 1022. Instructions as to negligence. 1915E, 1022. When limitations begin to run against right of action for. 1917B, 1253. Negligence in permitting escape of gas. 1915E, 1022. Injury by explosion. 1915D, 830; 1916A, 1224; 1916D, 1138. Duty of company to see that mains are laid far enough beneath surface of street to prevent injury to them, with eonsequr-nt danger to persons in vicin- ity. 1916A, 1224. Recovery against corporation to which gas company causing injury by its negli- gence has conveyed all its property. 1916D, 1138. GASOLENE. Annotations. Keeping of, on 1917C, 278. Gasolene stations. insured premises. 1917F, 1005. Use of, on insured premises. 1915D, 187; 1917C, 276. Revocation of license for erection of gaso- lene pump in street. 1917F, 1004. Mechanic's lien for. 1915B, 708. State inspection law as interference with commerce. 1916D, 193. Statute as to testing of gasolene as to grav- ity and branding thereof. 1916D, 193. GASOLENE ENGINE. As fixture. 1915E, 822. GASOLENE STATIONS. Annotation. Regulations as to. 1917F, 1OO5. Authority of municipality to permit erec- tion of, in street. 1917F, 1004. Right to revoke license for erection of gaso- lene pump in street. 1917F, 1004. GATES. Annotation. Effect of lowered gates on contributory negligence of child at railroad crossing. 1917F, 153. Duty to provide, at railroad crossing. 1915A, 363. Raised gates at railroad crossing as bear- ing on contributory negligence. 1916E, 816. GEESE. Killing of, on railroad track. 1915B, 163. GENERAL DENIAL. Evidence admissible under. 1915E, 131; 1917D, 571. 200 GIFT GO VER.N MENT. GIFT. In general. Causa mortis. Delivery. In general. To charity, see CHABITIES. Of public money, see PUBLIC MONETS. By will, see WILLS. Annotation. Effect of deposit of funds belonging to depositor in a bank account in the name of himself and another. 1917C, 55O. Presumption and burden of proof as to. 1915E, 648. Sufficiency of proof of. 1916E, 283. Question for jury as to. 191 7E, 1060. Regulating use of, in packages of food. 1917A, 1116. Necessity of acknowledgment of. 1915B, 396. Of real estate by husband to wife. 1915E, 648. Of corporate stock; necessity of transfer on books. 1915D, 733. Of bank deposit. 1915B, 396; 1917C, 548; 1917D, 852. Of promissory note. 1917E, 1060. Cansa mortis. Validity of gift causa mortis. 1917D, 357. Delivery. Sufficiency of proof of delivery and accept- ance. 1916E, 283. Necessity of delivery of gift inter vivos. 1916E, 283. Necessity of actual or constructive delivery of gift causa mortis. 1917D, 357. Delivery of key to room in which subject of gift is stored. 1917D, 357. Sufficiency of delivery of note. 1916E, 283. Bank deposits. 1917D, 357. GLYCERIN. Explosion of solidified glycerin. 1915E. 479. GOING BUSINESS. Rescission of contract for purchase of. 1916F, 476. GOING VALUE. Consideration of, in fixing value of property of public service corporation for rate- making purposes. 1917B, 930. Estimation of, on condemnation of public- utility plant. 1916F, 592. GOLF COURSE. License tax on. 1917E, 314. GONORRHEA. Recovery under Workmen's Compensation Act, for gonorrheal infection of eye. 1916C, 1139; 1917F, 1094. GOOD BEHAVIOR. Deduction from sentence for. 1915B, 95. GOOD CHARACTER. See CHARACTER. GOOD FAITH. Presumption as to, see EVIDENCE. Evidence as to, generally, see EVIDENCE. Question for jury as to, see TBIAL. Review on appeal of finding as to. 1916A,. 669. Of stockholders who receive dividends paid out of capital. 1917C, 393. Of employer in discharging servant. 1916F, 882. Effect of, on liability for conspiracy. 1917C, 65. Effect of, on liability for embezzlement. 1917A, 1287. As defense to liability for false imprison- ment. 1915D, 611; 1916C, 228. GOOD WILL. Of corporation ; fraudulent appropriation of, by other company. 191 5D, 632. Agreements in restraint of trade on sale of. ini6C, 620; 1917A, 376; 1917F, 251, 450. In junction against exercise by vendor of good will of business sold to another. 1916C, 620. GOVERNMENT. Separation of powers of, see CONSTITU- TIONAL LAW. GOVERNMENT GRAND JURY. 201 Annotation. Applicability to government of statutes limiting liability of ship owners. 1917C, 111O. Refusal of courts of one country to sit in judgment on acts of government of an- other. 1917A, 276. Conclusiveness on courts of statement of President as to nonexistence of govern- ment in foreign country. 1917A, 276. Recognition of foreign government; conclu- siveness on courts of declaration of de- partment of state, as to. 1917A, 276. Application to, of limitation of liability of ship owners. 1917C, 1103. GOVERNOR. Annotation. Mandamus to. 1917F, 774. Mandamus to. 1917F, 770. As relator in mandamus proceeding con- cerning election. 1917F, 215. Review by court of acts of. 1915A, 175, 1141; 1915B, 988. Presumption as to qualifications of persons appointed to office by. 1917A, 1244. Liability for damages resuming from carry- ing out lawful orders or warrants. 1915A, 175. Power to call out militia. 1915A, 1141. Power to establish martial law. 1915B, 988. Power of, during existence of martial law. 1915A, 175. Power to pardon or parole prisoner. 1915F, 519, 531; 1916A, 1285. Power to annex condition to pardon. 1915F, 548. GRACE. Annotation. For payment of premium after matur- ity of premium note. 1917C, 921. For payment of premium after maturity of premium note. 1917C, 917. GRADE. Injuries from fixing and changing street grade, see HIGHWAYS. GRADE CROSSINGS. GRADUATING EXERCISES. Holding graduating exercises in church and permitting clergyman to deliver invoca- tion. 1916D, 399. GRAIN. Warranty on sale of seed. 1917C, 539. Stipulation exempting carrier from liabil- ity for discrepancy in elevator weights- of. 1917E, 1011. Statute providing that when desired grain shall be shipped in bulk and shall be weighed upon receipt. 1917E, 1011. Statute making sworn statement of shipper as to amount of grain delivered to carrier conclusive. 1917E, 1011. GRAND JURY. Iii general. Summoning, impaneling, and charge. Qualifications and exemptions. In general. Quashing of indictment for matters as to grand jury, see INDICTMENT, ETC. Annotation. Privilege from, liability for libel as to- proceedings of grand jury. 1917F, 765. Report by grand jury, unaccompanied by indictment, upon conduct of official. 1917F, 761. Right of grand juror to testify concerning libelous report made by jury outside of its jurisdiction. 1917F, 761. Removing books and papers from jurisdic- tion of court to avoid producing them before grand jury. 1915B, 913. Refusal of witness before, to answer ques- tions. 1915D, 1061. Effect of presence in grand jury room of stenographer not authorized by statute. 1916D, 1118. Summoning, impaneling and dis- charge. Annotation. Effect of selection of grand jury by un- authorized person. 1917C, 22O. Effect of irregularity in drawing. 1917C, 217. Right of accused to complain that grand jury to which charge against him should have been presented was un- justifiably discharged. 1917C, 217. Abolition of. 1916C, 433; 1917C, 1131, Qualifications and exemptions. 1174. Disqualification. 1917B, 608. 202 GRATUITOUS BAILEE GUARDIAN AND WARD. GRATUITOUS BAILEE. Liability of carrier as gratuitous bailee of baggage. 1916E, 478. GRAVEL. Excuse for incomplete performance of con- tract to excavate gravel. 1916F, 1. GRAVEYARD. See CEMETERIES. GREEK LETTER FRATERNITIES. Exclusion of, from state schools. 1915D, 588. GROCERIES. Wife's liability for. 1915D, 1184. GROCETERIA. As trademark. 1917C, 955. GROSS NEGLIGENCE. Refusal of instruction as to. 1917E, 258. Inconsistent instructions as to. 1917C, 1066. Sufficiency of evidence to show. 1917D, 875. Recovery for fright caused by. 191 6D, 614. Of carrier; what constitutes. 1915A, 142. Toward licensee on railroad track. 1917D, 666. At railroad crossing. 1916D, 783; 1917F, ns. In making flying switch. 1916C, 1029. GROSS PRODUCTION TAX. Validity of. 1916F, 141. Valuation of property for purpose of. 1916F, 141. GUARANTY. In general. Validity, construction, effect. Revocation; conditions; discharge. In general. Of fidelity of employees, see BONDS. Of right to jury trial, see JURY. Sufficiency of answer in action on. 1916F, 1228. Rights of maker of note transferred by payee with guaranty of payment but without indorsement. 1915C, 661. Validity, construction, effect. Conflict of laws as to validity of. 1917E, 777. Validity of contract to conduct voting con- test for merchant under guaranty that his trade would be increased thereby. 1917D, 482. Guaranty by state of interest on farm loans. 1917A, 495. Guaranty by brewing concern of lease en- tered into by saloonkeeper. 1917E, 777. By bank. 1917A, 737, 1021. What constitutes. 1915C, 661; 1916D, 290; 3916F, ]228; 1917D, 485. Continuing guaranty. 1917D, 402. Consideration. 1917C, 437. Acceptance and notice thereof. 1917D, 402. Nature, extent and duration of liability. 1916E, 362. Revocation; conditions; discharge. Right of guarantor to compel guarantee to proceed against principal debtor before proceeding against guarantor. 1917D, 402. Release of guarantor. 1917D, 402. GUARANTY FUND. See STATE GUABANTY FUND. GUARANTY INSURANCE. Guaranty of fidelity of employees, see BONDS. In general, see INSURANCE. GUARDIAN AND WARD. In general. Rights, powers, duties, and liabilities. In general. Guardians of incompetent persons, see IN- COMPETENT PERSONS. Cancelation of debt by a mother to her chil- dren as guardian by bequest in their favor in her will. 1915:0, 1106. Application of doctrine caveat emptor to sale of ward's lands under order of court. 1915E, 834. Effect of guardian's consent to contract by infant. 1915C, 362. GUARDIAN AND WARD HACKS AND TAXICABS. 203 Rights, powers, duties, and liabilities. Annotations. Power of guardian to procure neces- sities for family of his ward. 1917B, 678. Funds ' on which guardian is entitled to commissions. 1917C, 193. Effect of insertion of unauthorized pro- vision in guardian's &o;J. 1917B, 992. Requirement of notice by or to guardian of infant employee if Workmen's Compen- sation Act is not to apply. 1917D, 71. Compensation. 1917C, 188. Paying individual check of guardian out of ward's account. 1916E, G10. Setting aside release and settlement given to guardian by ward. 1916E, 854. Jurisdiction to authorize guardian to exe- cute lease of infant's land. 1916F, 493. Estoppel of guardian to deny that he re- ceived the amount stated in his report of a sale of the ward's real estate. 1916A, 637. Right of widow purchasing mortgage on homestead as against her infant chil- dren. 1917F, 430. GUARDS. On dangerous machinery. 1916F, 866, 949. 1915F, 1000; GUEST. Of tenant, liability for injury to, see LAND- LORD AND TENANT. Liability of owner of automobile for injury' to guest. 1916E, 1190; 1917F, 253. Liabilitv of guest for negligence of chauf- feur. 1915E, 439; 1915F, 876. GUN. See FIREABMS. GUN POWDER. Annotation. Keeping of, on insured premises. 1917C, 278. HABEAS CORPUS. In general. Scope of writ: qnestions considered; right to discharge. Procedure; judgment. In general. Original jurisdiction of appellate court. 1915B, 95. Eight of one who has secured release through habeas corpus on ground that judgment was void, to defeat subse- quent prosecution on ground of former jeopardy. 1915A, 526. Scope of writ; qnestions considered; right to discharge. Annotation. Right of minor unlawfully enlisted in the Army or Navy to* discharge up- on habeas corpus from custody of court-martial under charge of de- sertion or fraudulent enlistment. 1917D, 1O59. Habeas corpus to inquire into denial of bail pending appeal from order refusing to vacate commitment under body execu- tion. 1915E, 340. To secure release of minor who enlisted con- trary to statute while charges are pend- ing against him for fraudulent enlist- ment. 1917D, 1056. To release one sentenced to imprisonment by court martial. 1915B, 988. In proceeding involving custody of child. 1916B, 977. Erroneous verdict as ground for release. 1916F, 960. Cruel and unusual punishment as ground for release. 1915C, 557. Lack of jurisdiction. 1915E, 235; 1917D, 355. Constitutionality of statute. 1915F, 1093. Procedure; judgment. Evidence. 1916B, 977. Collateral attack on divorce decree as to custody of child, in habeas corpus pro- ceedings involving the custody of child. 1916B, 977. Conclusiveness of decree. 1916B, 977. HABITS. Warranties or representations by insured as to, see INSUBANCE. HACKS AND TAXICABS. As to jitneys, see JITNEY BUSSES. Annotation. Right of state or municipality to forbid solicitation of patronage at rail- way stations. 1917D, 690. Transfer company a* common carrier. 1916D, 1199. Discrimination by carrier between. 1915B, 358. 204 HACKS AND TAXICABS HEALTH. Injunction against enforcement of void ordi- nance as to. 1915F, 726. Regulation of use of highway by. 1915F, 840. Power of municipality to assign stands to, at railroad stations. 1915F, 726. Forbidding solicitation of patronage for transportation of persons or baggage. 1917D, 688. HALLUCINATIONS. Effect of, on testamentary capacity. 19 15 A, 443. HAND. Extent of recovery by insured for loss of. 1915-D, 264. HAND CAR. Annotation. Contributory negligence of child in- jured by hand car. 1917F, 162. As within meaning of statute punishing ma- liciously setting in motion of railroad car. 1915A, 817. HARBOR LINES. Power of Federal government to establish. 1917A, 1007. HARBORS. State control of. 1917A, 1007. Control over, of Federal government. 1917A, 1007. HARDWARE. Opinion evidence as to value of. 1917A, 501. HARMLESS ERROR. See APPEAL AND- EBROB. HAY. Tnsurahle interest in. 1917A. -t82. Insurance on hay in stacks as covering hay in bara. 1917B, 934. Warranty on sale of havstacker. 1076. 1917C, HAYSTACKER. Warranty on sale of. 1917C, 1076. HAZARDOUS ARTICLES. Prohibition of keeping of, on insured prem- ises, see INSURANCE. HEAD LIGHTS. Absence of, on engine. 1916D, 702. HEALTH. In general. v Boards of health; officers. Regulations to protect health. in general. vaccination. In general. As to food regulations, see FOOD. As to health insurance, see INSURANCE. Of insured, representations as to, see IN- SURANCE. Conditions as to health of one applying for reinstatement in benefit society. 1917B,. 897; 1917C, 256. Statement in insurance application as to- health of insured's relations. 1917C, 858. Requiring health certificate as condition of admission to public school. 1915A. 632. Boards of health; officers. Increase of salary of health officer during term of office. 1915A, 295. Filing of resignation by employee in health department to be accepted when best interests of the service demand it. 1917F, 545. Presumption that health officers acted in accordance with law in accepting resig- nation of employee. 1917F, 545. Delegation of power bv municipality to board of health. 1916A, 1228. Municipal liability for negligence of em- ployee in health department. 1916B,. 917. Power of board of health to enact health ordinance. 1!)16A, 1228. Regulations to protect health. in general. In matters affecting schools, see SCHOOLS. Power of board of health to enact health ordinance. 1916 A, 1228. Police power as to. 1015B, 486, 1207. Who may question validity of regulations. 1916A, 1228. HEALTH HIGH WATER. 205 Partial invalidity of health ordinance. 1916A, 1228. Taking private property without compensa- tion in exercise of police power for sup- pression of disease. 1915B, 486. Ordinance requiring rat proofing of all buildings in city. 1916A, 1228. vaccination. Vaccination of school children. 223. 1915D, HEARING. Necessity of, to constitute due process. 1915B, ]149; 1915F, 541, 548, 894; 1916B, 1193; 1916E, 1; 1916F, 910; 1917A, ]185; 1917C, 574; 1917D, 365, 926; 1917F, 458, 1159. Necessity of, before dismissal of school teacher. 1916C, 789. HEARSAY. Evidence of, see EVIDENCE. HEART FAILURE. As an accident within moaning of Work- men's Compensation Act. 1917D, 84. HEAT. Ejection of tenant by failure to furnish. 1916E, 739. Landlord's liability for injury to servant of tenant by failure to furnish. 1915C, 190; 1916F, 1073. HEATING PLANT. Breach of warranty on sale of. 1015B, 626. HEAT PROSTRATION. Assumption by servant of risk of. 1915E, 613. HEIRS. As to descent and distribution to, see DE- PCEXT AND DlSTRIKTTION ; EXECUTORS AND ADMINISTRATORS. Expectancies of. SOP EXPECTANCIES. Disinheritance of, see WILLS. Annotation. Attack ?>/, on divorce decree. 499. 1917B, Presumption that person dying intestate has left heirs. 1915E, 758. Estoppel of. 1916B, 1139; 1917D, 228. Recitals in deed as estoppel in favor of co- heirs of grantors. 1915A, 200. Rights of, in life insurance. 1917B, 670. Vested right of heir in property of deceased person. 1917E, 909. Validity against heirs of husband of gift of real estate to wife. 1915E, 648. Right of heirs of deceased entryman on public lands. 1915B, 6.81. Liability of, for debts of ancestor. 1915B, 797; 1916A, 1181. Priority of lien for indebtedness of heir to estate over liens of judgments against him. 1915A, 1179. Notice to heir of landlord of tenant's in- tent to exercise option to purchase. 1916F, 352. Competency of heirs of deceased person to give in evidence declarations of the de- ceased in action in which they are not interested. 1915C, 822. HERBALIST. Annotation. Application to, of statutes regulating the practice of medicine. 1917C, 829. * HERDING. Statute as to herding of young cp.lves. 1915B, 213; 1917A, 1185. HERNIA. As breach of warranty in insurance con- tract as to health. 1917B, 744. Rupture through fall as within protection of accident insurance policy. 1916B, 617: 1916E, 1203. Assumption by servant of risk of rupture by overexertion. 191 6D, 445. Recovery for, under Workmen's Compensa- tion Act. 1916A, 295, 299; 1917E, 504. See SCHOOLS. HIGH WATER. Condition in insurance policy against lia- bility for loss caused by.' 1915B, 1094. 206 HIGHWAYS. HIGHWAYS. In general. Establishment. Title and property rights generally. Uses; what allowed in, street gener- ally. Obstrnction generally. Use and occupation by railroads. Rights as to trees and materials in streets. Improvements; repairs; fixing and changing grade. in general. fixing and changing grade. Defects; liability for injuries to trav- elers. liability of municipality. liability of others. contributory negligence. Discontinuance; alteration; abandon- ment. In .general. As to alleys, see ALLEYS. Additional servitude on, see EMINENT DO- MAIN. Street lighting, see STREET LIGHTING. Street sprinkling, see STREET SPRINKLING. Annotation. Construction or improvement of higJi- way as an internal improvement 'within tlie meaning of constitu- tional prohibition against state en- gaging in or aiding internal im- provements. 19 11C, 1O38. Lien for coal sold to highway contractor. 1915E, 986. Judicial notice as to effect of street sweep- ings on health. 1915C, 741. Injury to employee of municipality while cleaning streets. 1915C, 741. Construction of, as an "internal improve- ment." 1917C, 1034. Review on appeal of finding as to. 1915E, 751. Special legislation as to. 1917E, 456. Levy of tax on taxpayers of state highway taxing district formed out of county as within constitutional limitations on county indebtedness. 1917E, 456. Right of legislature to divert proceeds of bonds issued by county for construc- tion of highway. 1915D, 274. Effect of absence of formal transfer of street by improvement district to city on power of city to compromise suit brought to compel repair of the street. 1917F, 535. Estoppel to claim highway. 1915B, 1084. Across railroad property. 1915B, 822; 1915E, 751; 1917A, 543; 1917F, 485. Establishment. Establishment by dedication, see DEDICA- TION. Annotation. Necessity and sufficiency of acceptance of grant of right of way over public land for public highway. 1917 A, 355. Acceptance. 1917A, 350. Title and property rights generally. Right of abutting owners to compensation for consequential injuries, see EM- INENT DOMAIN. Annotation. Obstruction in street interfering iritli . easement of view. 1917C, 1135. Control of legislature over public highways. 1917E, 456. Right to authorize projection of portion of building into street to injury of abut- ting owner. 3916C, 1260. Obstruction of view of abutting owner. 1916C, 1260. Private remedies of abutter. 1916C, 1260. Uses; what allowed in, street gener- ally. Constitutionality of regulations as to, see CONSTITUTIONAL LAW. Municipal regulations as to, see MUNICIPAL CORPORATIONS. Use of automobiles on, generally, see AUTO- MOBILES. Additional servitude on, see EMINENT DO- MAIN. Use of jitneys on, see JITNEY BUSSES. Annotations. Right to interfere with wires of public service corporation in moving building along street. 1917C, 774. Duty to change location of poles in street or highway. 1917D, 663. Right to transfer or mortgage privilege to use streets for telegraph, tele- phone, or other quasi public pur- pose. 1917D, 7O7. Gasolene stations. 1917F, 1O05. Estoppel to object to use. 3916B, 927. Delegation of power as to. 1915E, 264. Equal protection and privileges as to. 1915F, 937. Regulating use of highway by common car- rier vehicles. 1915F, 840. Excluding automobiles from certain streets. 1915E, 264. Right to park automobile in highway. 1917F, 345. License of vehicles on. 1917B, 553. Moving building along. 191GC, 1249; 1917C, 772. Vault or tunnel under. 1915F, 937, 1009. Areaways. 1916B, 027. Who must bear expense of resetting tele- phone poles which obstruct street. 1917D, 660. HIGHWAYS. 207 Mandamus to compel removal of telephone wires and poles from highway. 1917D, 660. Requiring re oval of awning posts from sidewalks. 1916C, 561. Right to revoke license for erection of gaso- lene pump in street. 1917F, 1004. Obstruction generally. Annotations. Obstruction in street or parK interfer- ing with view. 1917C, 1135. Obstruction in highway preventing ac- cess to property except by a cir- cuitous route as a special injury entitling owner to maintain action for damages or for abatement of the nuisance. 19 17 A, 1155. Effect of illegal encroachments on highway to render title to property unmarket- able. 1916A, 1176. Removal of encroachments and obstructions constructed under permission of munici- pality. 1916A, 1176. What constitutes obstruction of street with- in statute making obstruction a nui- sance. 1917E. 383. Private remedy for obstruction. '1915D, 142; 1916C, 1260; 1917A, 1150. Obstruction of street railway tracks by cot- tage washed thereon by flood; duty in removing. 1917C, 1038. Use and occupation by railroads. Annotation. Duty of railroad company in respect to a restored or substituted highway. 1917C, 971. Use of street for street railway traffic as a public use. 1917F, 485. Estoppel to oust railroad from occupancy of street. 1917C, 967. Power of municipality to require change of grade of railway. 1917C, 1174. Abolition of grade crossing. 1917C, 1174. Requiring railway company to -strengthen bridge over its tracks at a street cross- ing so as to permit its use for a street railway line. 1917F, 485. Duty to restore to former usefulness. '1917C, 967. Duty to lay sidewalks in street. 1917A, '472. Obstruction of crossing by train. 1915B, 329; 1915E, 336: 1916B, 1079. Subway. 1915F, 1009. Right as against abutting owner. 1915D, 397; 1915F, 1009. Private remedy for obstruction. 1915E, 336. Rights as to trees and materials in streets. Annotation. Right of abutting owner to remove trees in highway. 1O17F, 389. Right of abutting owner to remove trees. 1917F, 385. Improvements; repairs; fixing and changing grade. in general. Building and repair of pavement and side- walks, street sprinkling and sweeping, and other public improvements general- ly, see PUBLIC IMPBOVEMENTS. Annotation. Improvement of highway as an inter- nal improvement in which state may not engage. 1917C, 1O38. Special legislation as to. 1917E, 456. Improvements by abutting owner. 1917A, 472. Title of abutting owner to material placed by him in sidewalk which is not accept- ed by municipality. 1915B, 187. Duty of municipality to set apart portion of street for sidewalk. 191 6B. 1049. Duty of railroad company to keep in repair highways substituted for old one. 1917C, 967. fixing and changing grade. Annotation. Measure of damages to leasehold from change of grade. 1917C, 42S. Implied consent of dedicator of land for street to establishment of grade. 1915A, 382. Right to compensation for damage by. 1915A, 382; 1917C, 420, 1131. Measure of damages for injury resulting from. 1917C, 420. Evidence on question of damages for injury by change of grade. 1917C, 420. Liability of municipality for interference with access to abutting property by change of street grade. 1916C, 433. Power of municipality to require railroad company to change its grade. ' 1917C, 1174. Liability of railroad for injury to abutting owner by change of grade. 1916C, 433; 1916D, 1074. Indictment of railroad company for main- tenance of nuisance resulting from change by municipality of grade of street passing under trestle. 1915B, 766. Injuries to leasehold by change of grade of highway. 1917C, 420. Defects; liability for injuries to trav- elers. liability of municipality. Liability for injury on defective bridge, see BRIDGES. Injury due to negligent driving, see NEGLI- GENCE. 208 HIGHWAYS. Annotations. Duty toward "blind persons or persons with defective eyesight as to con- dition of streets. 1917C, 126. Sufficiency of harrier or railing main- tained in highway. 1917D, 756. Liability for injury due to oiling street. 1917F, 712. Question for jury as to negligence. 1916F, 1216; 1917C, 120. Instructions in action for injuries. 1915A, 325. Establishment and maintenance of high- way as a governmental function. 1915D, 1111. Duty of municipality to keep streets in rea- sonable safe condition. 1915D, 243. Defect as part of original plan. 1916F, 704. Effect on liability of city for injury by ver- dict in favor of an individual defend- ant. 1915F, 797. Right of municipality to recover over against person primarily liable for in- jury. 1916F, 83. Liability as to walks in parks. 1915D, 1111. Injury to bystander by skidding of automo- bile due to slippery condition of pave- ment because of oil placed thereon. 1917F, 710. Death of boy by fall of rotten pole, used exclusively by fire department. 1917B, 548. Injury by rope stretched across street. 1915A, 1199. Injury by wire in street. 1915F, 797. Excavations; injury to blind person falling into. 1917C, 120. Lack of railing or barrier. 1915E, 597, 1069; 1916F, 1216. Sufficiency of railing alongside of bridge. 1917D, 754. Injury by breaking of railing along em- bankment. 1915F, 973; 1916C, 379. Absence of light. 1915A, 325. Injury by fall due to a missing brick. 1916A, 482. Injury to one driving unregistered auto- mobile. 1916E, 1212. Concurring causes of injury. 1915D, 243. For acts or omissions of others. 1917A, 992; 1917D, 234; 1917F, 297. liability of others. Liability for injury due to negligent driv- ing, see NEGLIGENCE. Injury by trains at crossings, see RAIL- ROADS. Annotations. Liability of property oivner for inju- ries to persons or property in high it-ay due to condition of fence. 1917E, S12. Liability for injury due to oiling street. 1917F, 712. Proximate cause of injury. 1917A, 543. Sufficiency of evidence to take case to jury. 1917B, 1245. Presumption as to cause of ice on walk. 1917B, 1245. Evidence on question of negligence. 1917B, 1245. Instructions as to. 1917A, 543. Liability of public officials. 1916B, 1184. Liability of abutting owner generally 1917E, 809. Liability of property owner for injury to child by scalding water turned into open ditch. 191 6B, 945. Liability of landlord to tenant for injury by ice on sidewalk. 1915B, 324. Negligence as to wall adjoining public high- way. 1915C, 710. Permitting barbed wire which has become detached from fence post to lie in street. 1917E, 809. Liability for injury by electric wires in highway. 1915D, 560; 1917E, 258. Liability of contractor with municipality, where municipality is not liable. 1916A, 1005. Liability of independent contractor leaving explosives under surface of street. 1917D, 234. Liability of contractor erecting banner across street for injury by fall after work has been accepted. 1917C, 907. Liability of railroad company. 1917A, 543 ; 1917B, 1245. Frightening animals. 1915D, 617; 1917D, 197. Liability for injury by animal on. 1915D, 563. Negligence in leaving bottle of denatured alcohol in highway where children will find it. 1915E, 191. Injury to property by blasting in street. 1915D, 1080. contributory negligence. Of person injured otherwise than by de- fects, see NEGLIGENCE. At railway crossing, see RAILROADS. Of person injured by street car, see STREET RAILWAYS. Annotation. Contributory negligence of children. 1917F, 95. Question for jury as to. 1917C, 120. Right of automobile driver to act upon pre- sumption that way is safe. 1917F, 253. Occupation of street by show as invitation to public to patronize the attraction. 1915F, 568. Violations of ordinance as. 1917C, 998. In crossing street by passing diagonally over grass plot between sidewalk and curb. 1915F, 797. Blind person unattended. 1917C, 120. Fast driving. 1916A, 1111. Discontinuance; alteration; abandon- ment. Annotation. Vacation of, or refusal by public to ac- cept, platted street or highway as affecting private easements of abutting owners. 1917 A, 1123. HIGHWAYS HOMESTEAD. 209 Effects of rights in streets shown on plat of persons who buy lots in reliance on plat, of statute vacating roads which remain unopened for specified periods. 1917A, 1120. Effect of deed to transfer to grantee right to property dedicated for street upon vacation of the street; effect of at- tempted reservation, in dedication, of fee to grantor. 1917C, 225. Rights of abutting owners on discontinu- ance of section of highway not adjoin- ing property. 1916E, 468. Eight of abutting owners to compel removal without compensation from a vacated street of telephone poles. 1915E, 138. HISTORICAL CHARACTER. Malicious defamation of. 1917C, 610. HOG CHOLERA. "Validity of statute regulating sale of anti- hog-cholera serum. 1916F, 136. HOGS. "Xuisance consisting of hog ranch and garbage assembled to feed the hogs. 1917E, 1007. Constitutionality of statute regulating sale or gift of anti-hog-cholera serum. 1916F, 136. HOLDING OVER. By tenant, see LANDLORD AND TENANT. HOLIDAYS. As to Sunday, see SUNDAY. HOLOGRAPHIC WILLS. See WILLS. HOME OFFICE. Effect of designation of home office on situs of corporation for purpose of taxation. 1917A, 460. HOME RULE. As to local self-government, see CONSTITU- TIONAL LAW. L.R.A. Tri. index 1915-17. 14. HOMESTEAD. In 'general. The exemption generally. in general; who may claim. in what property. Loss; abandonment. Alienation; encumbrance. In general. In public lands, see PUBLIC LANDS. Insurable interest of wife in. 1917F, 663. Laches in bringing suit to recover homestead sold for taxes. 1916A, 999. The exemption generally. in general ; who may claim. Annotation. What constitutes a "family" under homestead laws. 1917C, 361. Enforcement of public improvement assess- ment against. 1915E, 662. Lien on homestead for money loaned to re- tire purchase money notes. 1915E, 875. Effect on widow's right to homestead in es- tate of her husband of fact that she has a homestead in lands of former hus- band. 1916A, 997, Exemption of proceeds of insurance that acquires homestead character after fire. 1917C, 353. Right of creditors of insolvent to follow proceeds of insurance on which they have a lien, into homestead property purchased by them. 1917B, 130. Existence of family. 1917C, 353, 356. in what property. In property purchased by agent with funds misappropriated from his employer. 1916C, 578. Loss; abandonment. Extinguishment of homestead by death of members of family. 1917C, 356. Effect of remarriage of widow on home- stead rights. 1916A, 999. Occupancy by tenant as sufficient to contin- uance of homestead. 1916A, 997. Alienation; encumbrance. Annotation. Purchase of homestead by widow under foreclosure of lien. 1917F, 433. Estoppel to assert invalidity of. 1916C, 233. Who may attack validity of conveyances of. 1915D, 551. Right of widow purchasing mortgage on homestead as against her infarit chil- dren. 191 7F, 430. Attempted * mveyance of homestead with- out consent of wife by man whose wife has abandoned him. 1915D, 551. 210 HOMICIDE HORSEPLAY. HOMICIDE. In general. What reduces crime to manslaughter. Excusable or justiciable homicide. in general. self-defense. In general. Admissibility of dying declarations, see EVIDENCE. As to jury generally, see JUBY. Annotations. Murtler of insured by beneficiary as af- fectii.g right to proceeds of policy. 1917B, 671. Criminal homicide in operation of rail- road or street railway. 1917C, 536. Invalidity of provision in will as inciting to. 1917A, 40. Of insured, effect on right to recover. 1917B, 670, 1210. Competency as witness of person convicted of. 1917F, 896. As affecting right to inheritance. 1915C, 328. Effect of murder of husband by wife on her dower rights. 1916E, 593. Imposing trust ex maleficio on title to prop- erty descending to murderer. 1915C, 328 Indictment for. 1915D, 201; 1915E, 608, 1215; 1916D, 590; 1917 A, 1226. What constitutes due process in homicide case. 191 5D, 817. Right to speedy trial. 191 5E, 363. Disqualification of jury on trial for. 1916E, 1264. Reversal of conviction because of miscon- duct of jurors. 1917F, 210. Permitting juror to testify in support of his own competency. 1916E, 1264. New trial in homicide case. 1916D, 519; 1916F, 1044. Waiver of objection by failing to include it in motion for new trial. 1915D, 817. Instructions in prosecution for. 19 15 A, 533, 1088; 1915B, 1143; 1915C, 1163; 1916B, 924; 1916D, 519, 590. Error in refusal to instruct. 1915E, 1031. Error in exclusion of evidence. 1915C, 1163. Objecting for first time on appeal to admis- sion of testimony. 1915C, 1163. Opinion evidence in prosecution for. 1915A, 1078, 1088; 1915B, 1143. Evidence as to relations between accused and deceased in murder case. 1917F, 646. Evidence as to acts and declarations of third persons. 1915E, 202; 1916C, 566. Evidence of threats. 1916B, 950. Evidence of reputation of deceased. 1917A, 1226. Evidence of confession. 1915C, 1163. Evidence of admissions. 1915A, 1041. Evidence as to motive. 1915A, 1088; 191 5E, 1215. Evidence of other crimes. 1915A, 1088. Admissibility in evidence of skull of de- ceased. 19 17 A, 1226. Admissibility in evidence of articles taken from accomplice of accused. 1916D, 590. Relevancy of evidence generally. 1915A, 1078, 1088; 1916C, 581. Cross-examination of witnesses. 1916F, 1198. Contradiction of witness to identification of accused. 1915F, 601. Attacking credibility of one acting as in- terpreter in taking dying declarations of foreigner alleged to have been mur- dered. 191 6F, 1198. Liability for homicide where death results from septicemia following shooting. 1915F, 607. Negligent homicide. 1915D, 201; 1917C, 533. Effect of intoxication. 1915E, 1031. Effect of insanity or insane delusions. 1915E, 1031; 1916D, 519, 590. What reduces crime to manslaughter. Error in refusal of instruction as to man- slaughter. 1915E, 1031. Question for jury as to mitigating circum- stances. 1916C, 581. Admissibility of evidence as to. 1916C, 581. Sudden passion. 1915A, 533. Provocation. 1915A, 533; 1916C, 581. Excusable or justifiable homicide. I in general. j Instructions as to. 1915B, 1143 ; 1916B, 924. Defense of dwelling. 1915A, 73. Defense of third person. 1916B, 924. self-defense. Effect of assault on right subsequently to killing in self-defense. 1915F, 656; 1916B, 924. Effect on right of girl fleeing from assail- ant to kill in self-defense of fact that during a previous altercation between her victim and her mother she had fired a shot towards him. 1916B, 924. Effect of entry into fight on right to set up self-defense in prosecution for homi- cide. 1915B, 524. HORSE JOCKEY. Injunction against breach of contract by. 1916E, 682. HORSEPLAY. Recovery under Workmen's Compensation Act for injury resulting from. 1916C, 1203; 1916D/968. HORSE RACE HOUSE OF ILL FAME. 211 HORSE RACE. Annotation. As proper subjects for police regula- tions. 1917E, 31S. Promise by stranger to pay one under con- tract with its owner to ride a certain horse in a race a specified amount if he wins the race. 191 7D, 1100. HORSES. In general, see ANIMALS. Fright of, see FBIGHT. As to horse race, see HOBSE RACE. Annotations. Duty of seller to disclose defect in animal. 1917C, 619. Liability for death or injury to one at- tempting to stop a runaway horse. 1917C, 1083. Voluntarily incurring risk in attempting to stop runaway .horse. 1917C, 1080. Change of location of insured horses. 1915B, 361. Payment of board furnished to, as condition precedent to action to recover posses- sion. 1916B, 748. Priority between chattel mortgage on horses and lien for their board. 1916B, 748. Larceny of. 1916E, 768. Breach of warranty on sale of stallion. 1915B, 1216. Liability of seller for damage to, by im- proper medicine. 1916B, 1104. Liability of one hiring a team with driver, for injury to animals by negligence of driver. 1916F, 1036. Violation of Sunday law as defense to lia- bility for injury to hired horse. 1915F, 644. Liability of master for injuries to servant by vicious horse. 1915B, 433. HORTICULTURE. Validity of exclusion of horticultural organ- izations from operation of Federal in- come tax. 1917D, 414. HOSPITAL. Exemption of, from taxation. 1917B, 779; 1917F, 741. Liability for negligence. 1915D, 334, 1167; 1917B, 708. Receiving of pav patients by public chari- . table hospital. 1917F, 741. Running of limitations against state hospi- tal. 1916E, 94. Liability for retaining patient against her i will. 1915D, 611. Liability of relatives for hospital care given to pauper. 1915C, 844. HOTELS. In general, see INNKEEPERS. Annotation. Hiring room in, as affecting domicil or residence.- 1917D, 788. Lease of, part performance to t^ke contract out of Statute of Frauds. 1917B, 141. Abatement of rent on destruction of build- ing by fire. 1916F, 276. Power of municipality to assign stands to hotel omnibuses at railroad stations. 1915F, 726. Forbidding location near, of garage storing inflammable substances. 1915D, 603. Limiting hours of labor of women in. 1915F, 829. 4* HOURS OF LABOa. See MASTEB AND SERVANT. HOUSE. Moving of, in highway. 1916C, 1249; 1917C, 772; 1917E, 258. HOUSEHOLD GOODS. Annotations. Measure of damages for loss or con- version of or injury to. 1917D, 495. As necessaries within statute rendering wife or her property liable therefor. 1917F, 863. Opinion evidence as to value of. 1917A, 58. Measure of damages for loss of. 1917A, 58; 1917D, 493. What constitutes household furniture with- in meaning of valued policy law. 1917B, 253. HOUSEHOLD SERVICES. Opinion evidence as to value of. 809. 1917D, HOUSE OF ILL FAME. See DISORDERLY HOUSES. 212 HOUSE OF REPRESENTATIVES HUSBAND AND WIFE. HOUSE OF REPRESENTATIVES. See LEQISLATUBE. HUMILIATION. Humiliation or metal anguish as element of damages, see DAMAGES. HUNTING. Injury through discharge of gun in hands of hunting companion. I915E, 267. HUSBAND AND WIFE. In general. Husband's liabilities. Inabilities of wife. in general. power to contract. Joint liabilities. Property rights; transactions be- tween. in general. estate by entireties. community property. wife's separate estate or busi- ness. contracts with or conveyance to each other. conveyances or mortgages to third persons. antenuptial contract. Actions. by husband. by wife. by both husband and wife. actions between husband and wife. Abandonment of wife. In general. As to adultery, see ADULTERY. As to bigamy, see BIGAMY. Conflict of laws as to, see CONFLICT OF LAWS. Measure of damages for injuries to married women, see DAMAGES. As to divorce or separation, see DIVOBCE AND SEPARATION. Domicil of married women, see DOMICIL. As to marriage, see MARRIAGE. Competency of, as witness, see WITNESSES. Imputing negligence of wife to husband. 1917A, 1128. Imputing to wife, negligence of husband in driving automobile. 1910 A, 1111. Husband as proper party defendant in ac- tion against wife for assault. 191 5A, 491. When husband and wife are living to- gether within meaning of Workmen's Compensation Act. 1916A, 366; ]91GC, * 1142, 1145. When wife is living apart from husband for justifiable cause within meaning of Workmen's Compensation Act. 1916C, 1145. Wife of one of two persons indicted for burglary as competent witness in behalf of the other. 1915D, 972. Admissibility of statements between. 1915D, 902; 191 6B, 1272; 1916F 382; 1917F, 935. Effect of failure of man accused of murder to contradict wife's statement that he made her do the killing, as an admis- sion. 1915 A, 1041. Recovery for injury to wife through fright caused by threats against husband. 1916D, 614. Slander by wife in conversation with hus- band in presence of third person. 1915E, 131. Effect of fact that woman s marriage took place after her husband had received a mortal injury through another's negli- gence to prevent her recovering for 'iN death as executrix of his estate. 191 5E, 1199. Contributory negligence of father as de- fense to action by mother for death of minor child. 1915E 781. Husband's liabilities. Annotations. Liability for necessaries furnished re- puted wife. 1917B, 129O. Liability of husband for necessaries furnished tvife ivhilc living apart from him. 19 17 A, 958. Liability of husband for negligence in use of property, title to which is held by his wife. 1916F, 1289. For injury to tenant of wife by negligence as to elevator. 1915D, 847. For services of wife's attorney in divorce proceeding. 1915F, 1162; 1917C, 335. For necessaries furnished reputed wife. 1917B, 1288. For necessaries furnished wife living apart from him. 1917A, 957. For assault by wife. 1915A, 491. Liabilities of wife. in general. Estoppel of married woman, see ESTOPPEL. Annotations. What constitute family expenses or nec- essaries within statute, rendering wife or her property liable therefor. 1917F, SGI. Liability of married u-oman for legal Hen-ices in divorce suit. 1917F, 362. HUSBAND AND WIFE. 213 Cancelation of deeds and notes given by wife under fear of prosecution of husband. 1917D, 1170. Personal liability for necessaries. 1915D, 1184. Liability of married woman for rent of family home leased to her husband. 1917F, 860. Liability of married woman as partner. 1916D, 1230. Power of agent to charge married woman with liability for debts incurred in busi- ness in which she was interested. 1916D, 1230. Liability for torts. 1915A, 500. power to contract. Conflict of laws as to, see CONFLICT OF LAWS. Annotation. Liability for legal services in divorce suit. 1917F, 362. As to employment of another. 1917B, 676. Contract of suretyship. 1915B, 1116. Xote executed to enable husband to bor- row money as accommodation paper. 1916A, 1049. Liability for goods purchased for business in which she is interested. 1916D, 1230. Joint liabilities. Joint liability for rent of family home leased to husband. 1917F, 860. Property rights; transactions be- tween. in general. Husband's estate by curtesy, see CUBTESY. Inheritance rights of husband or wife, see DESCENT AND DISTRIBUTION. Alimony, see DIVORCE AND SEPARATION. Effect of divorce or separation on proper 1 ^ rights generally, see DIVORCE AND SEP- ARATION. As to dower, see DOWER. Rights 'in homestead, see HOMESTEAD. Annotations. Devise or bequest to one described as "husband," "wife" or "widow" as affected by illegality or nonex- istence of marriage. 1917B, 1153. Right of married woman to recover for services rendered outside the home. 1917E, 2S2. Effect of illegality of marriage on devise to reputed wife. 1917B, 1150. Wife's rielits in insurance on husband's life. 1915A, 264; 1915B. 749; 1915D, 130; 1916C, 1130; 1916D, 1168; 1916F, 783. Insurable interest in man's life of woman living with him pursuant to illegal marriage. 1917D, 275. Joint tenancy of husband and wife in pro- ceeds of insurance policy on lives of both. 1917B, 1210. Election by husband as between wife's will and his statutory rights. 1915F, 680. Payment upon checks of wife alone, of mon- ey deposited by husband to joint ac- count of husband and wife. 1915D, 920. Inheritance tax on interest received by wife at death of husband in his share of personal property held by joint ten- ancy. 1917E, 1143. Requiring incomes of husband and wife to be added together in determining tax- able income of husband. 1915B, 569. estate by entireties. Succession tax on passing of entirety estate. 1916C, 677. Effect of divorce to destroy estate by en- tirety, 1915C, 396; 1917E, 886. Effect of divorce after husband has con- veyed his interest on wife's right of survivorship. 1917D, 732. Lien of judgment upon. 1916D, 113. Lew of execution under judgment on. 1916D, 113. community property. As to homestead, see HOMESTEAD. Annotation. Remedy of judgment creditor of com- munity after death of one of the spouses. 1917C, 502. Inheritance tax on surviving spouse's in- terest in community property. 1917C, 602. Requiring the half interest of the heirs of a wife in community property to bear part of the cost of administering the estate of the husband. 1917F, 1137. Proceeds of insurance policy payable to ex- ecutors, administrators, or assigns of the assured as communitv property. 1917F, 1137. Right of judgment creditor of community to proceed against surviving husband by sale of community property after death of wife. 1917CJ 494. wife's separate estate or business. Annotation. Validity of limitation upon power of alienation imposed upon grant or devise of equitable estate to married woman. 1017 A, 679. Effect of conveyance to create separate es- tate; effect of statute. 1917A, 671. Validity of provision in deed conveying separate estate to woman in fee re- straining its alienation. 1917A, 671. Rights of heirs at law of married woman who conveyed her separate estate in violation of restraint or alienation in deed to her. 1917A, 671.. Effect of decree annulling clause restricting alienation in conveyance of separate estate to wife, procured in suit against children who have no interest in the property. 1917A, 671. 214 HUSBAND AND WIFE. contracts with or conveyance to each other. Antenuptial contract, see infra. Conflict of laws as to, see CONFLICT OF LAWS. Annotations. Validity or enforceability of bond to one spouse conditioned for main- tenance of family relation or proper conduct of ottier spouse. 1917D, 4:4:5. Validity of contract by husband to pay wife for services. 1917D, 268. Husband's contract to pay wife for her serv- ices. 1917D, 265. Bond to support wife. 1917D, 440. Presumption of fraud in conveyance to wife. 1915E, 648. Presumption that conveyance by husband to wife was a gift. 1915E, 648. Trust in conveyance by husband to wife. 1915A, 711; 1915D, 648. conveyances or mortgages to third persons. Failure to name wife in contract by hus- band to convey their joint property. 1915D, 196. Right of vendee to specific performance with abatement from purchase price because wife of vendee did not join in deed as required by law. 1917F, 594. Estoppel of married woman by deed. 1917D, 228. Conveyance of wife's separate property as security for husband's debt. 1917F, 337. Threat of prosecution of husband inducing conveyance by wife. 1915D, 1122; 1917D, 1170. Conveyance of wife's property to husband as trustee. 1915C, 767. Validity of deed by Creek freedman under eighteen years of age who is a married woman. 1916D, 377. Rights of heirs at law of married woman who conveyed her separate estate in violation of restraint on alienation in deed to her. 1917A, 671. Effect of decree annulling clause restricting alienation in conveyance of separate es- tate to married woman, procured in suit against children who have no in- terest in the controversy. 1917A, 671. Condition to disaffirmance of illegal convey- ance of separate estate. 1917A, 671. antennptial contract. Termination by marriage of antenuptial agreement by woman to live after mar- riage in the home of her intended hus- band's parents. 1915E, 161. Change of beneficiary in benefit certificate as breach of antenuptial contract to take out certificate in favor of wife. 1916C, 1130. Actions. by hnsband. Annotation. May action for alfenation of affections rest -upon a breach of contract or negligent tort. 1917B, GSO. Necessity of joining mother in action by father for loss of child's services. 1915D, 1111. For alienation for wife's affection. 1915C, 870; 1917B, 679; 1917F, 935. . For injuries to wife or loss of her services. 1915D, 524; 1916D, 186; 1916E, 112; 1917B, 708; 1917C, 410. Recovery for mental suffering caused by wife's death. 1917B, 708. To recover wife's property or for timber cut therefrom, or for rent thereof. 1915D, 996. Right of husband storing with bailee box containing goods of himself and wife to recover damages in his own name for loss of entire contents of box. 1917D, 493. by wif e. Against husband, see infra. Conclusiveness of judgment on wife, see JUDGMENT. Annotation. Right of married woman to recover for services rendered outside the home. 1917E, 282. Wrongful joinder in suit by woman of man on theorv that he was her husband. 1916B, 883. Right to maintain action for mutilation of corpse of child. 1915B, 519. Right to recover for miscarriage caused by fright. 1917A, 394, 708. Right to recover damages for loss of con- sortium and support through unlawful sale of opium to husband. 1917D, 73^. Action under Civil Damage Act for sale of liquor to husband. 1916D, 940. For conspiracy to induce husband to com- mit offense which causes his imprison- ment. 1915C, 483. Right of married woman to maintain action for services rendered outside her house- hold. 1917E, 279. For personal injury to husband. 1916E, 700. For enticing or alienating affections of hus- band. 1915A, 67; 1916E, 1086. by both husband and wife. Wrongful joinder in suit by woman of man on theory that he was her husband. 1913B, 883. Splitting cause of action. 1917C, 543. Joining husband with wife in action for in- jury to crops grown by him on w'Vs homestead. 1917B, 350. HUSBAND AND WIFE IDIOT. 215 actions between husband and wife. Eight of wife to maintain action against husband on bond binding him to renew marital relations and support her and their children. 1917D, 440. Right of divorced wife to recover from hus- band expense of supporting child prior to divorce. 1915A, 1137. Liability of husband wrongfully causing the death of his wife. 1917B, 774. Right to sue husband for assault. 1916B, 907. Abandonment of wife. Wife's right of action lor alienating hus- band's affections, see supra. Desertion as ground for divorce, see DIVOBCE AND SEPARATION. Annotation. Adultery of ivife \vith consent or con- nivance of husband as justification of abandonment or nonsupport by latter. 1917D, 64O. Bond to su port wife; validity. 1917D, 440. Effect of adultery by wife with collusion of husband to relieve him from the duty of supporting her. 1917D, 639. Domicil of deserted wife. 1917B, 1028. Privilege of statement by father of one who had abandoned his wife to father of the latter. 1915A, 572. Effect of abandonment of wife on her right to recover for death of husband under Federal Employers'' Liability Act. 1916C, 800. Admissibility of evidence in prosecution for. 1916E, 760. Injunction against repeated arrests under unconstitutional statutes. 1916C, 261. Extradition of husband who has abandoned wife. 1915E, 691. Criminal liability of minor husband for failing to support wife. 191 6E, 760. Imprisonment of husband failing to sup- port wife, as imprisonment for debt. 1915F, 977. Wh_t constitutes "means" within meaning of statute requiring man to support his family according to his means. 1916D, 441. Fact that woman was not dependent on hus- band for support as defense in prose- cution for failure to support her. 1915F, 977. HYPOTHETICAL QUESTIONS. See EVIDENCE. ICE. Manufacture of ice by town as public pur- pose for which taxing power may be exercised. 1915B, 859. Who entitled to. 1916B, 1044. Liability of riparian owner for preventing formation of ice. 1915E, 1210. Who must pay cost of breaking ice neces- sary to make the towage possible, under contract to pay for towage service. 1915B, 1086. Negligence in permitting cattle gur.rd to be- come filled with ice. 1915B, 134. On sidewalk, liability for injury. 1915B, 324; 1917B, 1245. ICE CREAIA. Annotation. Regulations affecting. 1917B, 2O7. Sufficiency of title of statute as to. 1917B, 198. Fixing standard for. 1917B, 198; 1917E, 761. ICE CREAM PARLOR. Presumption of negligence from injury to customer in. 1915F, 1121. Liability of owner of room leased for ice cream parlor for irjury to patron by defective condition. 1916F, 1121. IDEM SONANS. See NAME. IDENTITY AND IDENTIFICATION. Parol evidence of, r?e EVIDENCE. Evidence as to, generally, see EVIDENCE. Identification of letters offered in evidence. 1916D, 457. Sufficiency of proof of identity of dog. 1916D, 1032. Contradiction of witness to identification of accused. 1915F, 601. Photographing accused person or convict for purpose of identification. 1916A, 739. Duty of telegraph company to identify per- son sending message. 1915A, 120. Effect of mistake as to identity of principal on contract of sale. 1916D, 792. Necessity of identifying employee causing loss to raise liability on bond against loss through employees. 1916F, 435. Shooting of insured in mistake as to iden- tity as an intentional injury. 1915A, 538. IDIOT. See INCOMPETENT PERSONS. 216 ILLEGAL CONTRACTS IMPLIED POWERS. ILLEGAL CONTRACTS. lu general, see CONTRACTS. ILLEGITIMACY. Right of illegitimate to inherit, see DESCENT AND DISTRIBUTION. Legitimation of illegitimate child, see PARENT AND CHILD. Right of one whose family consists only of illegitimate child to homestead exemp- tion. 1917C, 353. Sufficiency of proof of. 1915F, 1087 ; 1916B, 1052. Right of natural mother to custody of children. 1915E, 1019. ILL FAME. House of, see DISORDERLY HOUSES. ILLICIT RELATIONS. Annotation. Right to recover for household services rendered while parties were living in illicit relations. 1917 A, 683. Illicit cohabitation as nuisance. 1916C, 651. Liability of telegraph company disclosing contents of message from one maintain- ing illicit relations with sendee. 1915C, 487. ILLITERACY. Annotation. Effect of illiteracy on failure to read contract as affecting right to assert fraud in respect thereto. 1917 F, ILLNESS. See SICKNESS. ILLUSORY APPOINTMENT. Estoppel to contest validity of. 1916D, 493. IMITATION. Of trademark, see TRADEMARKS. IMMORALITY. See ILLICIT COHABITATION; SEDUCTION. IMPAIRMENT OF OBLIGATIONS, See CONSTITUTIONAL LAW. IMPANELING. Of grand jury, see GRAND JURY. - *-- - IMPEACHMENT. Of witnesses generally, see WITNESSES. Of enrolled bill. 1915D, 119; 1916E, 125L IMPLICATION. Trust by, see TRUSTS. Annotation. Devise or bequest by. 1917 A, 1213. Devise by. 1917A, 1210. IMPLIED AGREEMENTS. See CONTRACTS. *-- IMPLIED BEQUEST. Annotation. Bequest by implication. 19 17 A, 1213. IMPLIED COVENANTS. In general. 1916F, 1294; 1917A, 455. In lease. 1917D, 1149. In mining lease. 1915B, 561. Of title on conveyance of real estate. 1916A, 961. *"" IMPLIED DEVISE. Annotation. Devise by implication. 1917 A, 1213. IMPLIED POWERS. Of corporation. 1917B, 814, 1158 Of social club. 1915C. 87J. IMPLIED TRUSTS INCOME. 217 IMPLIED TRUSTS. See TBUSTS. IMPLIED WARRANTY. See SALE. IMPORTS. Duties on, as regulation of commerce, see COMMERCE. IMPOSSIBILITY. Of accomplishment of charitable trust. 1917C, 937. As ground of relief from contract. 1915C, 177; 1916F, 3; 1917A, 648; 1917C, 437, 761. IMPOTENCY. As defense to charge of assault with intent to rape. 1915B, 131. IMPRISONMENT. For crime generally, see CRIMINAL LAW. Imprisonment for debt, see IMPRISONMENT FOR DEBT. Annotation. Imprisonment of one of the parties to a contract as affecting rights and obligations thereunder. 1917F, 628. Re-entry by landlord because of arrest and imprisonment of lessee. 1917F, 626. Effect of widow's imprisonment for crime on allowance to her out of husband's es- tate. 1916E, 593. As ground for divorce. 1917C, 159. IMPRISONMENT FOR DEBT. Power of municipality to provide for im- prisonment of one refusing to pay for use of hired vehicle. 1917B, 551. For failure to pay fine imposed by statute providing fine for failure to pay wages in cash. 1915B, 645. Imprisoning husband failing to support wife. 1915F, 977. Imprisonment upon judgment for damages for seduction. 1916B, 993. IMPROVEMENTS. Lien for, generally, see MECHANICS' LIENS. Public improvements, see PUBLIC IMPROVE- MENTS. Annotation*. Mechanics' liens for cultivation, cure, or improvement of soil, or beautify- ing premises generally. 1917D, 351. Improvement of real property as a family expense or necessary ivithin statute rendering wife or her prop- erty liable therefor. 1917 F, S62. Payment of taxes on improvements as pay- ment of tax on the land. 1915F, 648. Estoppel by permitting. 1915A, 288; 1916B, 653; 1916C, 233, 939. Allowance for, in estimating damages in condemnation proceeding. 1915E, 432; 1916C, 1090; 1916F, 969. Tenant's right to compensation for. 1915C, 234; 1916E, 1235. Trespass de bonis asportatis or trover for the wrongful removal of improvements by tenant. 1915A, 654. Oral evidence of landlord's agreement as to. 1917B, 141. Liability of vendor to vendee for improve- ments removed by tenant. 1917A, 415 As independent ground for specific perform- ance of land contract. 1917F, 594. IMPUTED NEGLIGENCE. See NEGLIGENCE. IMPUTED NOTICE. See NOTICE. INADEQUACY. Of damages, see DAMAGES. Of price, as ground for setting aside fore- closure sale. 1917B, 513. Incestuous marriage. 1916C, 720, 752. Necessity of corroboration of testimony of prosecutrix. 1915E, 1222. Evidence of other crimes in prosecution for. 1915A, 138. INCOME. As distinguished from capital in determin- ing respective rights of life tenants and remainderman, see LIFE TENANTS. Tax on, see TAXES. 218 INCOME INCOMPETENT PERSONS. Annotation. Misstatetnent as to income of insured- 1917C, 344. Statement as to income of insured. 1917C, 338. INCOME TAX. See TAXES. INCOMPATIBILITY. Of offices, see OFFICEBS. Of provisions in insurance policy. 1917B, 319; 1917D, 1091. INCOMPETENT PERSONS. In general; who are; inquisition. Contracts; deeds. Maintenance. Snits by or against. Powers of committee and administra- tion of estate. In general; who are; inquisition. Competency to commit crime, see CBIMINAL LAW. Presumption and burden of proof as to sanity, see EVIDENCE. Opinion evidence as to sanity, see EVIDENCE. As to married women, see HUSBAND AND WIFE. As to Indians, see INDIANS. As to infants, see INFANTS. As to testamentary capacity, see Wiu.s. Annotations. Attach on divorce decree granted on ground of lunacy of divorced spouse. 1917B, 466. Bight to show disability of adult on is- sue of contributory negligence without allegation thereof. 1917D, 558. Rape of. 1916F, 735. Recovery under Workmen's Compensation Act for death or injury resulting from mental derangement caused by injuries received in course of employment. 1916A, 337. Injury to insured person received while in- sane. 1915E, 656. Suicide by insured while insane. 1915E, 656. Surrender of insurance policy by insured while mentally incompetent. 1915A, 872; 1917F, 631. Negligence of hospital toward patient suf- fering from mental disorder. 1915D, 334. Liability for arresting and imprisoning per- son in belief that he was insane. 1916C, 228. Admissibility under pleadings of evidence of mental incompetency of injured serv- ant offered to negative contributory negligence. 1917D, 556. Admissibility of evidence to show mental in- capacity of witness. 1916F, 1198. Mental capacity as question for jury. 1915A, 538; 1915F, 558. Inquisition and proceedings. 1915C, 581. Contracts; deeds. Annotation. Insanity of insured as excuse for fail- ure to give notice or furnish proofs of loss as required by policy of fire insurance. 1917 A, 3O5. Validity of contract by intoxicated person. 1915B, 1121; 1915B, 465. Marriage of. 1916C, 697. Effect of insanity of insured at time of loss to excuse failure to furnish proofs of loss. 1917A, 299. Surrender of life insurance policy by in- sured while insane. 1915A, 872; 1917F, 631. Deeds before inquisition found by one after- ward adjudged incompetent. 1916D, 924. Condition of right to recover property con- veyed by incompetent. 1915B, 678. Maintenance. Construction of statute providing for new inquisition every five years before order may be granted for maintenance of idiot out of his own estate. 1915C, 581. Snits by or against. Right of insane person to prosecute action in his own name by a next friend 1917A, 299. Time for raising objection to suit by next friend. 1917A, 299. Powers of committee and administra- tion of estate. Annotation. Power of committee of insane person to procure necessities for family of his ward. 1917B, 67S. Jurisdiction to appoint new committee be- fore removal of old one. 1915C, 581. Right of committee to administer upon es- tate. 1915C, 581. Reversible error in allowance of claim against estate of incompetent. 1917B, 676. Presentation of claim against estate of de- ceased incompetent without prior pres- entation in guardianship proceedings. 1917B, 676. Recovery against estate of incompetent for value of services rendered by one em- ployed by guardian. 191 "B, 676. INCOMPETENT PERSONS INDIANS. 219 Power of invalid wife of insane person who has been appointed guardian to employ attendant to care for her. 1917B, 676. INCONSISTENCY. Estoppel by, see ESTOPPEL. In pleading, see PLEADING. In instructions. 1917C, 1066. INCONTESTABILITY. Of insurance policy, see INSURANCE. INCREASE. Annotation. Levy upon property as including sub- sequent increase thereof. 1917B, 944. INCREASED HAZARD. To insured property, see INSURANCE. INCRIMINATION OF SELF. See CRIMINAL LAW. 4 INDEBTEDNESS. Of county, see COUNTIES. Of municipality, see MUNICIPAL CORPORA- TIONS. Of school district, see SCHOOLS. Liability of corporate officers for excess of. 1915D, 1028; 1916C, 189. INDECENT LANGUAGE. As provocation for assault. 1916E, 896. INDEFINITENESS. Of charitable bequest, see CHARITIES. Of description of offense in indictment, see INDICTMENT, ETC. Of pleading, see PLEADING. Annotations. Bequest to one to divide as he thinlfs best. 1917D, S21. Specific performance o f contract some of the terms of \vhich are to be agreed upon by the parties. 1917D, 1079. As affecting specie performance. 1916C, 1098; 1917 A, 563; 1917D, 1074. - Quashing indictment for. 1915E, 1215. Of statute. 1916D, 436. Of trust. 1917F, 660; 1917D, 819. Of beneficiaries under wills. 1917C, 597. Of demand for autopsy by insurance com- pany. 1915D, 1199. INDEMNITY. Bond for, see BONDS. In general, see CONTRIBUTION AND INDEM- NITY. INDEPENDENT CONTRACTORS. Liability of, generally, for negligence, see MASTER AND SERVANT. Annotations. Application to, of Workmen's Compen- sation Act. 1917t>, 147. Application of Workmen's Compensa- tion Act to employees of contractor or subcontractor. 1917D, 148. Who is an independent contractor excluJed from benefits of Workmen's Compensa- tion Act. 1916E, 506. Servants of independent contractor as fel- low servants of employees of property owner. 1915D, 836. Liability of municipality for acts of, caus- ing injury on highway. 1917D, 234. Liability of, for negligence after acceptance of work by employer. 1915E, 766. Liability of contractors for street improve- ment for injury resulting from their negligence. 1917D, 234. Liability of highway contractor, for injury where municipality is not liable. 1916A, 1005. Liability of one contracting to lay sewer in public street for injury to gas mains through negligence. 1917E, 1092. Injury to contractor working upon elevator shaft because of failure of operator to keep his promise not to let the car descend below a certain floor without permission from the contractor. 1917E, 961. INDETERMINATE SENTENCE. See CRIMINAL LAW. INDIANS. Annotation. Validity of divorce according to In- dian custom. 1917D, 574. 220 INDIANS INDIVISIBILITY. Recognition by courts of Indian divorce. 1917D, 571. Citizenship of Indians. 1915F, 587. Jurisdiction of crime committed by Indian. 1915F, 587. Validity of deed by Crock freedman under eighteen year of age who is a married woman. 1916D, 377. INDICTMENT, INFORMATION, AND COMPLAINT. In general. Form; requisites. Sufficiency of allegations. intent; knowledge. negation of defenses or excep- tions. duplicity; repugnancy. description of offense. sufficiency to support convic- tion. Joinder of counts or persons. Quashing. In general. Complaint in contempt proceedings, see CONTEMPT. Matters as to grand jury, see GRAND JUBY. Prejudicial error in rulings on. 1915B, 83; 1917C, 610. Who may file information for disbarment. 1917B, 1132. Sufficiency of complaint in disbarment pro- ceedings. 1915A, 663. Duplicity in plea to. 1917B, 608. Form; requisites. First objecting to sufficiency of, on appeal, see APPEAL AND ERROR. Annotation. Typewritten, printed or stamped signa- ture of. 1917B, 281. Sufficiency of motion in arrest of judgment to raise question of sufficiency of indict- ment. 1916D, 767. Directing acquittal for insufficiency of in- dictment. 1916D, 767. Verification. 1915B, 505, 651; 1917C, 610, 845. Sufficiency of allegations. intent; knowledge. Necessity of allegation of knowledge on de- fendant's part of probability of conse- quences of act in indictment for negli- gent manslaughter. 1915D, 201. negation of defenses or exceptions. Defenses. 1917B, 1230; 1917E, 668. Exceptions. 1915D, 515. duplicity; repugnancy. How question of repugnancy in allegations should be raised. 1917E, 797. Information for violation of liquor laws. 191 7B, 1230. Indictment for use of false weights and measures. 191 5D, 515. Indictment for robbery. 1915D, 1070. description of offense. Certainty and definiteness of. 1915E, 1215. Sufficiency of information for criminal con- tempt. 1917C, 845. For requiring woman to work illegal num- ber of hours. 1917C, 922. Violation of statute requiring maintenance of washhouses for employees. 1915B, 420. Violation of statute prescribing weight for print or package of butter. 1915D, 515. Violation of statute as to holding of young calves under herd. 1915B, 213. Resorting to disorderly house for purpose of lewdness. 1915F, 640. Adultery. 1916C, 651. Arson. 1915D, 229. False pretenses. 1916E, 783, 1104; 1916F, 683; 1917E, 797, 849. Homicide. 191 5E, 121*5; 1917 A, 1226. Larceny. 1915B, 71. Rape. 1916E, 472. Receiving stolen property. 191 5B, 83. sufficiency to support convection. Conviction for violation of ordinance as to false weights or measures. 1917D, 1127. Proof of aiding and abetting murder as sup- porting conviction on indictment charg- ing one alone with murder. 1915E, 608. Sufficiency of indictment for robbery to sup- port conviction for larceny. 1915C, 121. Conviction for petit larceny under charge of grand larceny. 1916F', 90. Joinder of counts or persoas. Cure of error in refusing to require govern- ment to elect. 1917C, 845. Quashing. Reversible error as to. 1917C, 610. Dismissal of unverified information so as to bar further prosecution. 1917C, 610. Consideration by grand jury of incompetent evidence as ground for quashing. 1917B, 608. Because talesman called to act on grand jury was acting as stenographer in the case and his name was not on jury list. 1917B, 608. For failure of committing magistrate to re- duce testimony against accused to writ- ing. 1916D, 590. For indefiniteness. 1915E, 1215. INDIVISIBILITY. Of contract for life insurance. 1917B, 208. INDORSEMENT INFANTS. 221 INDORSEMENT. Payment by bi;'k of paper on forged in- dorsement, see BANKS. Of bill or note, see BILLS AND NOTES. INDUCEMENT. Parol proof of. 1917B, 267. INDUSTRIAL DISEASES. See OCCUPATIONAL DISEASES. INDUSTRIAL, INSURANCE. ."See WORKMEN'S COMPENSATION. INEVITABLE ACCIDENT. Annotation. Confusion of goods l>y. 1917D, 851. As ground for nonperformance of contract. 1917A, 648. INTANTILE PARALYSIS. Refusal of carrier to transport person dis- abled by. 1915E, 788. INFANTS. In general. Injury to, or death oT. in general. contributory negligence; as- sumption of risk. Support of, and care for. Custody. Disabilities and liabilities generally. Contracts. in general. ratification or disaffirmance. Sale, lease, or mortgage of land. Actions. In general. Kidnapping of child, see ABDUCTION AND KIDNAPPING. Enlistment of, see ARMY AND NAVY. Guardianship of, see GUARDIAN AND WARD. As to juvenile offenders, see JUVENILE OF- FENDERS. As to mothers' pensions, see MOTHERS' PEN- SIONS. Jurisdiction in matters affecting. 1917C, 897. Mental capacity of, aa question for jury. 1915F, 558. Opinion evidence as to mental capacity of. 1915F, 558. Necessity of corroboration of infant prose- cutrix in rape action. 1915E, 1222. Evidence of declarations of. 1915E, 202. Evidence of admissions by. 1915F, 558. As passengers. 1916C, 348. Homicide to prevent taking of child. 1915A, 73. Fraud in inducing marriage of. 1916C, 737; 1916F, 526. Right of action for death of parent. 1916C, 800; 1917D, 1084. Unlawful employment of. 1915A, 1196; 1915F, 803; 1917A, 1128; 1917D, 75. Regulating hours of labor and wages of. 191 7C, 944. Who may maintain action for mutilation of corpse of child. 1915B, 519. Injury to, or death of. in general. Negligence toward generally, see NEGLI- GENCE. . it notations. Application to minor employees of Workmen's Compensation Acts. 1917D, 90. r.inbilil i/ for injury to children from explosives left accessible to them. 1917D, 1295. Requirement of notice by or to parent or guardian of infant employee if Work- men's Compensation Act is not to ap- ply. 1917D, 71. Proximate cause of injury to. 191 5C, 710; 1915E, 479; 1917A, 1290; 1917B, 1058. Necessity of joining mother in action by father for loss of child's services. 1915D, 1111. Pleadinsr in action for injury to. 1915F, 1082. Sufficiency of complaint in action for in- jury 'to child. 191 5A, 731. Measure of damages for personal injuries to. 1915F, 11, 491; 1917A, 129J. Instructions as to damages for injury to. 191 5F, 803. Right of action for death of child. 191 7F, 851; 1917A, 1128; 1917D, 287. Contributory negligence of father as de- fense to action by mother for death of minor child. 1915E, 781. Measure of damages for death of. 1915C, 632; 1917B, 548. Negligence in sale of gun to. 1915C, 460. Drowning of, in well. 1915A, 731. Injury to child in highway. 1915C, 710; 191 5E, 102S; 1916B, 945. Injury to, by explosives. 1915E, 479; 1917A, 992; 19] 7C, 429. Injury to, by electric wires. 1915A, 510; 1915C, 151, 405. Injury to child jumping on and off street car. 191(.C, 104. Injury to children jumping on and off rail- road train. 1917C, 1066. 222 INFANTS. Injury to child on city playground. 1915C, 435; 1915D, 1108. Liability of municipality for negligence of employee causing injury to. 1917A, 992; 1917C, 429. Sufficiency of notice by parent to city of claim for injury to child. 1915D, 1111. Duty of master to warn and instruct infant employee. 1915F, 558. Liability of master for injury to infant through negligence of servant. 1915E, v 888; 1917F, 116. Liability of master for negligence of in- dependent contractor resulting in in- jury to. I915A, 731. contributory negligence; assump- tion of risk. Assumption of risk by minor employee, see MASTER AND SERVANT. - Annotations. Contributory negligence of. 1917F, 1O. Contributory negligence of children 'on or about railroad trade. 1917F, 123. Contributory negligence of children on or about elevators. 1917F, 195. Circumstances under which child crossing street car tracks is guilty of negligence either as matter of law or fact. 1917 F, 172. Presumption and burden of proof as to. 1915F, 558. Allegation of freedom from. 1915E, 500; 1915F, 558. Question for jury as to. 1915F, 638. Contributory negligence of, generally. 1915E, 888, 1028; 1917D, 875; 1917F, 7, 116. Contributory negligence of infant passen- ger. 1915B, 166. Contributory negligence of infant employee. 1915F/558, 803; 1917A, 1128; 1917F, 187. Contributory negligence of child failing into elevator shaft. 1915E, 500. Contributory negligence of, in use of high- ways. 1916B, 945; 1917F, 1. Contributory negligence of child injured at -railroad crossing. 1915E, 225; 1915F, 11; 1917F, ], 118. Contributory negligence of child injured by street car. 1917F, 164, 165, 167. Imputing negligence of parent to child. 3915F, 11. Support of, az.d care for. In case of divorce, see DIVORCE AND SEP- ARATION. Annotation. Liability of parent for necessaries fur- nished minor child u-Jio is liring a tray from the parent's liotne. 1917B, 693. Criminal liability of parent for failing to supply necessaries to children. 1915A, 504; '1916E, 760. Competency of wife as witness against hus- band in prosecution for failing to sup- port. 1915A, 564. Right of divorced wife to recover from hus- band expense of supporting child prior to divorce. 1915A, 1137. Duty of father to provide for minor chil- dren, whether they remain in his cus- tody or not. 1917D, 971. Liability for services of physician. 1916B, 1111; 1917B, 690. Custody. In case of divorce, see DIVORCE AND SEPARA- TION. Guardianship of, see GUARDIAN AND WARD. Review on appeal of decree as to. 1915B, 154. Habeas corpus to secure custody of. 1916B, 977. Homicide to prevent father from wrong- fully carrying off child. 1915A, 73. Considering best interests of infant in de- termining custody. 1917E, 318. Presumption and burden of proof as to what best interests of child requires. 1915E, 1019. Parent's right to custody. 1915E, 1019; 1917E, 318. Evidence as to fitness of parent for custody of child. 1916B, 977. Disabilities and liabilities generally. Annotation. Attack on divorce decree grounded on. infancy of divorced spouse. 1917B, 4:67. Infancy as defense to crime. 1916E, 760. Competencv of, as witness to will. 1916E. 692. Capacity to marry. 1916C, 732, 737. Penalty for issuing marriage license to in- fant without reasonable inquiry. 1917E, 863. Contracts. in general. Validity of marriage. 1916C, 732, 737. Contract for services signed by infant ana his father. 191 6E, 682. Consent by infant to liquor business in close proximity to his property. 1916D, 816. Liability in assumpsit for purchase price paid, of stranger whose false represen- tations aided infant in sale of prop- erty. 1915 A, 1221. ratification or disaffirmance. Annotation. Right of an infant to disaffirm transfer of note by indorsement. 1917B, 1174. Presumption as to genuineness of written consent by infant remaindermen to sale of land bv administrator. 1917E, 1103. INFANTS INITIATIVE, REFERENDUM, AND RECALL. 223 Estoppel of infant remaindermen who con- sent to sale of land by administrator and fail to disaffirm sale upon attain- ing majority. 1917E, 1103. Right of infant during minority to rescind contract for fraud. 1915A, 1221. Effect of guardian's consent to purchase of automobile by infant on latter's right to disaffirm contract. 1915C, 362. Right to disaffirm purchase of automobile regardless of wear given it. 1915C, 362. Disaffirmance of indorsement of note by in- fant. 1917B, 1172. Disaffirming indorsement of note, effect of Negotiable Instruments Act. 1917B, 1172. Repayment or restoration by infant. 1915A, 1221; 1915C, 362; 1915E, 465. Sale, lease, or mortgage of land. Jurisdiction to authorize guardian to exe- cute lease of infant's land. 1916F, 493. Actions. Effect of voidable marriage to remove dis- ability of minor. 1916C, 693. INFECTION. Of eye in attempting to remove steel splinter or allay irritation caused thereby; recovery under Workmen's Compensation Act. 1916A, 323; 1916C, 1139. INFLAMMABLE SUBSTANCES. Annotation. Construction and effect of provision against keeping, on insured prem- ises. 1917C, 27S. Use of, on insured premises. 1915D, 187; 1917C, 276. Forbidding storage of inflammable sub- stances in garage in certain locations. 1915D, 603. INFORMATION. For criminal offense, see INDICTMENT, ETC. In quo warranto, see Quo WARRANTO. Unlawful use by attorney of information ob- tained from client, as ground for sus- pension. 1917B, 378. INFRINGEMENT. Of patent, see PATENTS. Of trademark, see TRADEMARKS. INGRESS. Easement of. 1915C, 355. Recovery for interference with ingress to store. 1916D, 358. * INHALATION OF GAS. Annotation. Death of insured front asphyxiation. 1917D, 74O. Death of insured from. 1917D, 738. INHERITANCE. In general, see DESCENT AND DISTRIBUTION. Tax on, see TAXES. INHERITANCE TAX. See TAXES. INITIALS. Signature 01 will by. 1915D, 902. Effect of mistake in middle initial of name on records on liability of abstractor. 1915D, 1211. INITIATION. Annotation. Liability of benevolent or fraternal so- ciety for injury to person during initiation. 1917C, 476. Injury to person during initiation into fraternal society. 1917C, 469. INITIATIVE, REFERENDUM, AND RECALL. Annotation. Initiative and referendum. 15. 1917B, Sufficiency of legal machinery provided for submission of constitutional amend- ment, initiative by electors. 1917B, 7. When statute which is subject to referen- dum may be put into effect. 1917B, 1. Right of voters who fail to file referendum petition to question validity of emer- gency clause in statute. 1917B, 1. Power of legislature to repeal law enacted upon people's initiative. 1917B, 1. Effect of statute rejected on referendum after passage by the legislature, to re- peal prior statutes. 191 5B, 988. 224 INITIATIVE, REFERENDUM, AND RECALL; INJUNCTION. Effect on statutory provision for ouster of officers of subsequent statute providing for recall. 1916D, 1090. Validity of provision in city charter for re- call of municipal officers. 1915B, 232. What constitutes malfeasance for which officer may be recalled. 1915A, 285. Recall petition against several officers joint- ly. 1916D, 1097. Determination whether petition is signed by requisite number of electors. 1915B, 232. Mandamus to control discretion of clerk in determining sufficiency of recall peti- tion. 1915B, 232. INJUNCTION. In general. Right to and when granted generally. Contract rights; covenant. Illegal or tortions acts; crimes. Taking of, injury to, or trespass upon, real property. Water rights. Against legal proceedings. Against officers generally. Against taxes or assessments. As to parks and highways. As to trademarks, tradenames, and imitations. Preliminary and interlocutory in- junction. Procedure; decree. In general. As to prohibition, see PBOHIBITIOIT. Injunction restraining enforcement of rates fixed by statute pending action to test its validity as protecting carrier from prosecution for its violation. 1D16B, 764. Error in excluding writ of, from evidence. 1916B, 7G4. Malicious prosecution of injunction suit. 1916E, 1277. Injunction suit as a suit against the state. 1915F, 1187; 1916D, 545. Right to and when granted generally. Review of discretion as to, see APPEAL AND ERBOB. Annotations. Injunction against nonlibelous publi- cation affecting personal or polit- ical rights. 1917A, 163. Injunction to restrain sale of liquor to be shipped into prohibition terri- tory. 1917D, 1021. Original jurisdiction of appellate court. 1915B, 569; 1015C, 287. Estoppel as to. 101 6B, 653; 1916C, 939. Right to, where legal remedies are available. 3916A, 965; 1917C, 75. Effect of quaranty of free speech on right to injunction against publication. 1917E, 383". Effect of delay in aserting rights. ' 19 15 A, 615; 1916C, 1260; 1917B, 267. Effect of fact that complainant does not come into court with clean hands. 1016C, 218; 1916D, 116. Insolvency of defendant. 1917C, 777. Anticipated or threatened injury. 1916A, 739. Injury or inconvenience to defendant. 1915A. 615; 1915B, 206; 1916C, 1260. Against publication of political matter mere- ly because it is false or misleading. 1917A, 160. Against sale of liquor in one state whore sale is legal, to be shipped into prohibi- tion territory. 1917D, 1023. To prevent construction of road to enable persons formerly using toll road to reach free highway. 1917D, 333. ' Against delivery of deed to purchaser at judicial sale. 191 6E, 303. Against use of land as cemetery. 1916B, 1135. Mandatory injunction. 1916C, 1260; 1917F, 680. Contract rights; covenant. Annotations. Effect of stipulation for liquidated dam- ages in contract not to engage in business upon the equitable juris- diction to enjoin breach thereof. 1917E, S86. Injunction against inducing or aiding breach of contract. 191 7C, 7s.*. Statute forbidding injunction in case of threatened violation of labor contracts. 1916F, 831. Effect of provision in water company's franchise that city may purchase the waterworks of the company on riht to injunction against construction of other system by municipality. 1915C, 4.'!S. Effect of inability, specifically to enforce collateral contract on right to enjoin breach of principal contract. 1917B, 267. Injunction against sale to others of tobacco which owner has contracted to deliver to plaintiff. 1917C, 777. Contracts not to engage in or aid competing business. 1915B, 206; 191GC, 'i-i>; 1916E, 682; 1017B, 267; 1917E, 880. Contracts for personal services. 1915A, 820; 191 6E, 682. Illegal or tortions acts; crimes. Against nuisance, see NUISANCES. Annotation. Injunction to prevent disturbance of religious worship. 1917D, 996. Right of benevolent society to restrain use by similar orders of colors of the order and titles of its officers. 1915B, 1074. INJUNCTION. 225 "Enjoining member of religious society from entering building and disturbing wor- ship. 1917D, 994. To prevent member of religious society from insulting or molesting pastor. 1917D, 994. Against transportation or delivery of li- quor in violation of statute. 1916C, 291. 'To prevent opening of place of business on Sunday for sale of liquor contrary to law. 1917D, 283. 'To prevent exclusion of person from cars of common carrier. 1915E, 788. Against interference with removal by con- tractor, of pavement rejected because not complying with contract. 1915B, 173. Against interference with rights of grantee of lessor under oil and gas lease. 1915E, 570. .Against inducing third person to discon- tinue business relations. 1916B, 813. Against circulation of photographs of par- doned convict. 1916A, 739. -Against boycott by labor union. 1915A, 1217; 1915E, 1037; 1916C, 986. "Threat of boycott by labor union. 1917E, 383. Strike; blacklisting. 1917F, 755. Picketing premises. 1917E, 389; 1917F, 824. Blacklisting of employee. 1916C, 218. Acts punishable as misdemeanors and fel- onies. 1916F, 1001. Taking of, injury to, or trespass upon, real property. Against nuisance, see NUISANCES. Annotation. Against trespass to cut timber. 101 7C, 236. "To compel one to repair a retaining wall on his property to prevent its falling onto adjoining property. 1917F, 680. Commission of trespass. 1915C, 345. Cutting timber. 1917C, 232. Water rights. ^Cutting off water supply of municipality. 1917B, 908. Pollution of water. 1916B, 1135. Against legal proceedings. Conflict of jurisdiction as to, see COUETS. Annotation. Injunction to restrain action ~by seller to recover property sold ~by condi- tional sale. 19 me, 77. Injunction to avoid multiplicity of suits. 1915F, 1012. Enjoining United States which has failed to prevent its claim in proceeding to limit liability of shipowner, from prosecut- ing the claim. 1917C, 1103. Suit by patentee against persons who have purchased infringing machine. 1915F, 1101. L.H.A. Tri. Index 1915-17. 15. Suit by subcontractor against contractor for balance due. 1915F, 1012. Distraint of personal property for tax. 1916A, 965. Against execution sale. 1915F, 1120. Suit for possession of property sold on execution. 1916E, 1140. Replevin action. 1917 C, 75. Criminal proceedings. 1915B, 1097 ; 1915D, 327, 684; 1916C, 261; 1916D, 545; 1917 A, 421; 1917F, 1163. Against officers generally. Suit to enjoin officers as suit against the state. 1915F, 1187; 1916D, 545. When court will enjoin revocation of theater license. 1916C, 224. Against trustees of state university to pre- vent exclusion of Greek letter fraterni- ties. 1915D, 588. To protect citizens from business competi- tion by municipality. 1916A, 908. Against interference with owner's posses- sion of property illegally seized. 1915E, 399. To protect owner of cemetery lot in exer- cise of rights. 1915E, 168. As to use of public funds. 1915B, 569. Against park and tree commission. 1915E, 168. Against public service commissioners. 1915A, 1. Against police officers. 1916A, 739. To prevent enforcement of statute. 1915B. 569; 1916B, 764; 1917 A, 421, 495. As to ordinance. 1915D, 595, 684; 1915F, 726. Against taxes or assessments. General rule as to. 1916A, 965. To restrain corporation from paying in- come tax alleged to be invalid. 1917D, 414. State tax. 1916A, 965. Taxes which h,ve been uetermined to be un- constitutional. 1916C, 522. Tax or assessments partly erroneous. 1916A, 965. As to parks and highways. Private action to restrain obstruction of highway. 1915D, 142. As to trademarks, tradenames, and imitations. Fraud as element of suit. 1916D, 116. To restrain unfair use of corporate name. 1915B, 1074. Tradename. 1916D, 116. Trademark. 1916D, 136. Unfair competition. 1915F, 1107. Preliminary and interlocutory injunc- tion. Review of discretion as to. 1915F, 1012, 1107; 1916D, 136. Abatement of suit for temporary injunction by pendency of other action. 1915F, 1107. Necessity of notice. 1915A, 606. Against enforcement of rate by railroad commission. 1915A, 1. 226 IN JUNCTION IN SAN ITY. Temporary injunction restraining govern- mental agency from destroying tele- phone poles and -wires as bar to man- damus proceeding by such agency to compel removal of the telephone line. 1917D, 660. Dissolution and continuance. 1915B, 173; 1915F, 984; 1917E, 880. Procedure; decree. Annotation- Effect of insertion of unauthorized provisions in injunction bond. 1917B, 996. Condition precedent to injunction suit against municipality. 1916D, 426. Jurisdiction of injunction suit. 1915B, 569, 889; 1916B X 764. Process or notice. 1915A, 606. Joining claim for damages with suit for in- junction. 1915C, 624. Pleading in. 1915D, 1097; 1916F, 1001; 1917B, 267; 1917F, 755. Relief under pleading. 1917F, 385. Right to jury trial. 1915D, 209. Who may maintain injunction suit. 1915C, 624; 1915D, 142, 684; 1916A, 908; 1916B, 1143; 1916C, 395; 1917A, 495. Parties defendant. 1915F, 1120; 1917F, 824. Finality of injunction order for purpose of appeal. 1917B, 1296. Review on appeal of findings. 1917B, 267. Costs on appeal in injunction suit. 1916A, 750. Bond; damages. 1915A, 853; 1916E, 1277. Effect and collusiveness of decree. 1915A, 982; 1915F, 984. Conditions imposed by appellate court be- fore making injunction operative. 1915F, 1107. Contempt in violating decree. 1917E, 551, 650. INNKEEPERS. In general. 'Who are guests. Rights of and liability to guests. in general; loss of property. for injuries to person or in- dignities to guests. Rights of persons other than guests. Lien. In general. Annotation. Right of state or municipality to for- Itid solicitation of patronage at railway stations. 1917D, 69O. Requiring license of. 1915B, 1097. Validity of statute requiring fire escapes in hotels, etc. 1917C, 1146. "Who are guests. One who goes to inn intending only to avail himself of free facilities furnished by innkeeper to public. 1916E, 534. Rights of and liability to guests. in general; loss of property. As to who are guests to whom innkeeper is liable, see supra. Annotation. Liability of innkeeper for effects left by departing guest who intends to return. 1917F, S3 9. Innkeeper as gratuitous bailee of trunk left by guest after paying his bill. 1916F, 234. Theft by innkeepers' servants. 1917F, 834. Negligence of guest. 1917F, 834. for injuries to person or indignities to guests. Liability of one wj:o lets hotel v ith defec- tive elevator for injury to guest. 1915B, 364. Injury through lack of fire escapes. 1917C, 1146. Assumption of risk by guest. 1917C, 1146. Contributory negligence of guest. 1916F, 1287. Rights of persons other than guests. Loss of baggage delivered to porter of hotel by one who had no intention' of becom- ing a guest. 1916E, 534. Lien. Keeper of an apartment house as within statute giving innkeeper lien upon bag- gage or furniture of patrons for rent. 1915F, 664. INNOCENCE. Presumption of, see EVIDENCE. INQUEST. Evidence of statement of witness at. 1915F, 1087; 1917F, 167. INQUISITION. As to incompetency, see INCOMPETENT PEB- SONS. INSANITY. See INCOMPETENT PEBSONS. INSOLVENCY INSURABLE INTEREST. 227 INSOLVENCY. In general. Powers and duties of trustee. Unlawful preferences. In general. Assignment for creditors, see ASSIGNMENT ' FOR CREDITORS. As to bankruptcy, see BANKRUPTCY. Of banks; see BANKS. Of corporation, see CORPORATIONS. Of foreign corporation, see CORPORATIONS. Of insurance company, see INSURANCE. As to receiver, see RECEIVERS. As affecting set-off, see SET-OFF AND COUN- TERCLAIM. Following trust funds, see TRUSTS. Sufficiency of allegation of. 1917F, 263. Effect of, on right to injunction. 1917C, 777. Effect of insolvency of employer so that judgment against him cannot be collect- ed on recovery on employer's liability insurance policy. 1916E, 597. Powers and duties of trustee. Duty of trustee of insolvent savings bank. 1916C, 6. General deposit by trustee of insolvent. 1916C, 6. Power 'of trustee to loan funds of trust. 1916C, 6. Lien of creditors of insolvent on proceeds of insurance with which he had prom- ised to pay them. 1917B, 130. Inspection fee as violating constitutional provision for equal taxation. 1917D, 746. Conferring judicial power on fruit inspector. 1915F, 894. State inspection law as interference with in- terstate commerce. 1916D, 193; 1917D, 746. Duty of legislature consolidating different departments to apportion fees for in- spection. 1917D, 746. Presumption that state will reduce inspec- tion fees which prove to be excessive. 1917D, 746. Liability of cattle inspector for injury dur- ing inspection. 1915B, 1013. INSTALMENT CONTRACT. Acceptance of note for one instalment of goods sold as releasing surety from lia- bility for other instalments. 1917A, 282." Liability on instalment contract of partner who retires during term of contract. 1913B, 418. INSTANTANEOUS DEATH. ; Right of action for causing. 1917A, 1128 Unlawful preferences. Preferences by insolvent bank. 1917A, 696. INSPECTION. Of corporate books, see CORPORATIONS. In general, see DISCOVERY AND INSPECTION. Master's duty as to, see MASTER AND SERV- ANT. Effect of, on warranty, see SALE. Annotations. Time within which demand by insurer for inspection of injured property must be made. 1917 A, 1O86. Of dairy herds belonging to persons selling milk. 1917C, 253. Reasonableness of inspection fees. 1917D, 749. Liability of one maintaining elevator for negligence of persons employed to in- spect it. 191 6C, 1245. Time to demand inspection of insured goods injured by fire. 1917A, 1078. Waiver by insurer of right to demand in- spection of injured goods. 1917A, 1078. Interference by courts -with statute impos- ing inspection fees. 1917D, 746 INSTRUCTIONS. Master's duty to instruct employee, see MASTER AND SERVANT. For instructions generally and cross refer- ences to same, see TRIAL. Liability of insurance agent failing to comply with. 1915A, 860. INSULATION. Injury by defective insulation of electric wire. 1915C, 151, 405; 1917E, 242, 258. INSULT. To passenger, see CARRIERS. As provocation for assault. 1916E, 896. INSURABLE INTEREST. See INSURANCE. INSURANCE. INSURANCE. In general. Right and manner of doing business; regulations. Foreign corporations. Dissolution of company; insolvency. Officers and agents. Insnrable interest. in property. in life. The policy or contract generally. Constitution, rules and by-laws. Reformation, rescission. Cancelation; surrender; extended in- surance. Construction of policy. in general. of policies on property. of policies on persons. Warranties, representations, and con- ditions in policies on prop- erty; description. generally. title and encumbrances. use and care of property. books; inventory; iron-safe clause. other insurance. severability. Warranties, representations, and con- ditions in life or accident policies. in general. health and habits. occupation. other insurance; previous ap- plications. family history. incontestability. Forfeiture. in general. for nonpayment of premiums or assessments. Reinstatement. Premiums and assessments. Transfer of policy or of interest therein. assignment generally. change of beneficiary. Waiver or estoppel of insured or ben- eficiary. "Waiver or estoppel of insurer. in general. acts constituting waiver or es- toppel. Tlie loss generally. Notice and proofs of loss; arbitration; inspection. Risks and causes of loss, injury or death. under policies covering prop- erty. under life policies. under accident or health pol- icies. Extert of injury or loss; of recovery. insurance on property. insurance on persons. Interest in proceeds. of property insurance. of insurance en persons. Defenses; release. Subrogation. Apportionment or contribution. Actions, enforcing payment. Guaranty insurance. Insurance against robbery or theft. In general. Matters as to benevolent societies other than insurance, see BENEVOLENT SOCIE- TIES. Conflict of laws as to, see CONFLICT OF LAWS. As to industrial insurance, see WORKMEN'S COMPENSATION. Annotations. Employer's contribution to insurance for benefit of employee, as affect- ing or affected by recovery against Jiim for personal injury. 1917B, 116O. Insurance against loss of profits. 1917C, 726. Inheritance tax on proceeds of life in- surance. 1917D, 636. Evidence of insurance on life of person for whose death action is brought. 1915E, 1201. Effect of, to reduce damages. 1917E, 539. Transfer tax on interest of beneficiary in life insurance policy. 1917D, 633. Exemption from income tax of life insur- ance. 1915B, 569. Right of corporation chartered to deal in goods, wares, and merchandise to under- take commercial insurance contracts. 1917D, 485. Misrepresentation of adjuster as ground for release from compromise of claim un- der fire policy. 1917A, 482. Instrument given by grand lodge of frater- nal society in payment of a death claim as in legal effect an ordinary bank check. 1916B, 815. Right and manner of doing business; regulations. Foreign corporations, see infra. What constitutes insurance. 1915B, 976; 1915D, 501; 1917E, 995. Mutual companies. 1915D, 130; 1917E, 995. Regulation of rates. 1915C, 1189. Estoppel of state to enforce insurance laws. 1915B, 976. Effect of contemporaneous construction of insurance laws by insurance commis-. sioner. 1915B, 976. Discrimination in statute as to appointment and licensing of insurance agents. 1916E, 708. Foreign corporations. Right to do business. 1915E, 708. State taxation of amounts due foreign in- surance company by state policy hold- ers for premiums. 1915C, 903. INSURANCE. 229 Dissolution of company; insolvency. The policy or contract generally. Annotation. Losses occurring after insolvency of insurer. 1917E, 114=1. Dissolution of company wrongfully issuing funeral certificates which has authority to transact legitimate business. 1915B, 976. Venue of action by receiver of ir solvent company to enforce statutory liability of stockholders. 1916D, 1129. Effect of insolvency of company on rights of policyholders and beneficiaries. 1917E, 1139. Officers anil agents. When injury to agent ia within protection of Workmen's Compensation Act. 1917B, 249. Competency of agent to testify as to value of property in action on policy. 1915C, 1179. Powers of agent generally. 1916B, 1189. Power of agent to agree to renew policy on its expiration. 1916C, 779. Binding effect on company of statement by agent as to what policy will cover. 1917B, 934. Negligence of agent in failing to forward application so that property is de- stroyed without insurance. 1916D, 238. Personal liability. 1915 A, 860; 1916E, 878. Subagents. 1917D, 1091. Insurable interest. in property. As to ownership of insured property, see infra. Annotations. Insurable interest in crops. 1917 A, 4S5. Illegality of policy for lack, of, as affect- ing right to recover back premi- ums paid. 1917A, 477. Insurable interests in crops. 1917A, 482. Of wife in homestead. 1917F, 663. in life. Right to recover premiums paid where pol- icy is declared void for absence of in- surable interest. 1917A, 475. Waiver of conditions as to. 1916B, 901. Effect of facility of payment clause. 191 6F, 457. Insurable interest of corporation in life of officer. 1915F, 979. Woman living with man pursuant to il- legal marriage. 1917B, 375. Relative or dependent. 1916B, 901; 1917C, 925; 1917F, 398. Stepdaughter as "adopted child" or mem- ber of "family" \vithin by-laws of bene- fit society. 1916B, 901. Annotations. Insurance on baivdyhouse or furniture therein. 1917B, 257. Damages recoverable by member for breach of contract by mutual bene- fit association. 1917E, 1O35. Recovery for losses occurring after in- solvency of insurer. 1917E, 1141. Parol evidence to show misdescription of land in insurance policy. 1915D, 766. Estoppel of original beneficiary or heirs of insured to deny validity. 1916E, 588. Validity of stipulation against recovery of interest in case of action to enforce contract. 191 6A, 551. Validity of contract by corporation for in- surance on life of officer. 1915F, 979. Validity of insurance on furniture in dis- orderly house. 1917B, 253. Delivery and acceptance of policy. 1917E, 983. Acceptance of risk. 1916D, 238. Constitution, rnles, and by-laws. General provisions in and changes of con- stitution, by-laws, etc., of benefit socie- ties, see BENEVOLENT SOCIETIES. Annotation*. Validity and effect of by-law of mutual benefit society suspending member who disappears. 19 17 A, 182. Validity and effect of by-law of mutual benefit society refusing to pay benefit upon presumption of death from seven years' absence. 1917C, 1032. RigJit of a mutual benefit society to de- crease benefits. 1917C, 626. Conclusiveness on courts of provisions in beneficiary certificates and constitution of the order. 1917E, 995. Controlling effect of foreign judgment as to. 1916A, 765, 771. Right of fraternal societies to enforce rea- sonable rules and regulations; duty of members to comply therewith. 1917E, 995. Estoppel to raise rates by rates published in by-laws. 1916A, 750. By-law as to presumption of death from absence. 1917C, 1039. By-law suspending member who disap- pears. 1917A, 183. By-law fixing greater rate for members over certain age. 1916A, 750. By-law reducing amount for which com- pany is to be liable. 1917C, 625. Application of by-law increasing amount re- coverable to death from accident occur- ring before adoption of by-law. 1915A, 314. Estoppel of insurance company to rely upon change of by-laws. 191 5B, 793. Conflict of laws as to right to amend. 1916A, 771. Amendment of by-law as to effect of suicide. 1915D, 1095* 230 INSURANCE. Amendment o* by-laws raising rates. 1916C, 1051; 1916F, 919. Effect of change of by-law on interest of heirs in proceeds of policy upon death of beneficiary and insured. 1915A, 264. Effect on right to recover on policy on life of one whose death is presumed from absence, of by-law adopted during such absence. 1915B, 756. Reformation, rescission. Reformation of insurance policy and en- forcement thereof in one action. 1915D, 766; 1917F, 663. Reformation to correct mistake in descrip- tion. 1915D, 766; 1917F, 663. Reformation to protect rights of assignee of mortgagee. 1917C, 106. Rescission of contract because of increase of rates. 191 6A, 750. Cancelation; surrender; extended- in- surance. Annotation. Effect of loan as working forfeiture of options under policy. 1917 A, 124:1. Liability of agent failing to comply with in- structions to secure increased premium or cancel policy. 1915A, 860. Admission in pleading as to surrender of policy. 1915A, 872. Estoppel of beneficiary to contest surrender of policy by insured. 1915A, 872. Effect of insolvency of company to cancel outstanding policies. 1917E, 1339. Effect of loan to insured to work forfeiture of option for extended insurance. 1917A, 1237. Surrender of policy bjf insured while insane. 1915A, 872; 1917F, 631. Application of reserve to purchase of paid- up insurance in case of death of in- sured after default in payment of pre- miums. 3016F, 1244. Effect of prQrfttrm for surrender of policy by insured on attaining certain age to impair vested interest of beneficiary. 1915D, 130. Notice. 1915C, 758. Construction of policy. in general. Construing policy most strongly against in- surance company. 1915D, 358; 1915E, 695; 1917D, 684. of policies on property. As to severability of insurance contract, see infra. As to risk and causes of loss, see infra. Annotation. Property covered ~by policy on "farm- ing utensils." 1917B, 937. Reading ordinance into insurance policy. 1915E, 618. Incompatibility of provisions. 1917D, 1091. Property covered. 1917B, 253, 934. Policy of insurance on a farm barn. 191 5D, 187. Marine insurance. 1916F, 1168. of policies on persons. Indivisibility of policy of life insurance. 1917B, 208. Repugnancy of provisions in. 1917B, 319. Liberal construction of contract in favor of insured. 1915D, 358; 1915E, 695; 1917E, 995. Construction of beneficiary certificates of fraternal societies. 1917E, 995. 'Warranties, representations, and con- ditions in policies on property; description. generally. Presumption of knowledge of applicant as to terms of policy. 1916E, 1203. Burden of proof as to. 1917A, 299. Burden of proving that false statement in- creased the risk. 19] 6E, 1203. Parol evidence to contradict terms of policy as to location of property. 1915C, 619. Provision against false swearing. 1917E, 983. title and encumbrances. Annotations. Effect of consent after loss to change of ownership. 1917F, 1O42. Provisions against alienation or change in interest, title, or possession aft applying to interest of cotenant. 1917 A, 32. Burden of proof of breach of condition as to. 1917A, 299. Parol evidence to contradict terms of policy as to interest of insured. 1915C, 619. Waiver of conditions as to. 1916B, 12.12. Encumbrances generally. 1917E, 983. Chattel mortgages. 1916D, 344, 812. Condition as to "sole and unconditional ownership." 1915D, 812; 191 7. \. ~2W. Change of title or interest. 1917A, 29; 1917D, 307; 1917E, 328; 1917F, 1040. use and care of property. Annotation. Construction and effect of provisions against keeping prohibited articles. 1917C, 278. Provision avoiding policy if circumstances affecting the risk are altered so as to increase risk. 1915C, 758; 1915D, 187. Alteration; repairs. 1915C, 758. Vacancy: occupancy. 1915B, 844. Change of location. 1915B, 361; 1915C, 408: 1915D, 239. Prohibited articles. 1915D, 187; 1917C, 276. books; inventory; iron-safe clause. Necessity of strict compliance with condi- tions as to. 1915F, 759; 1917F, 663. INSURANCE. 231 Sufficiency of books kept to satisfy condi- tion as to. 1915C, 619; 1917A, 1078. other insurance. Annotations. Procuring of insurance ~by mortgagee as a violation of provision in policy of mortgagor against other or ad- ditional insurance. 1917 A, 6O7. Property contemplated by provision against taking out "additional in- surance;" "other . insurance;" "double insurance." 1917E, 753. Waiver of provision against other insurance. 1916B, 1189. Parol evidence of assent of company to ad- ditional insurance forbidden by the. pol- icy. 1917D, 868. Insurance by mortgagee as violation of provision in policy taken out by mort- gagor against other insurance. 1917A, 604. Insurance upon contents of barn as with- in provision policy on the barn against other insurance. 1917E, 750. severability. Question whether policy is a specific policy on each of several pieces of property covered or a blanket policy. 1915B, 509. Effect of breach of iron-safe clause in policy covering stock of merchandise and other property and building containing them. 1915C, 619. Policy insuring for single premium specified sums on barns, furniture, products, live stock, etc.; effect on insurance on per- sonalty of breach of condition as to realty. 1915D, 736. Warranties, representations, and con- ditions in life or accident policies. in general. Annotations. Statements respecting family history. 1917C, 866. Misstatement as to income of insured. 1917C, 34:4:. Statute avoiding policy for misrepresenta- tions which increased the risk. 1917E, 554. Sufficiency of evidence as to falsity of answers. 1917C, 338. Statement of income of insured as a war- ranty. 1917C, 338. Stipulation as to autopsy. 1915D, 1199. health and habits. Annotation. Hernia as breach of condition or war- ranty as to health or bodily con- dition. 1917B, 747. Question for jury as to good faith of appli- cant in asserting freedom from disease. 1915A, 273. Existence of unknown conditions tending to shorten the life of the applicant. 1917C, 350. Existence of slight cold at time when certifi- cate is delivered. 1916F, 166. Duty of applicant who has answered no to inquiry about disease to notify insurer in case trouble develops subsequently before policy is issued. 1915C, 153. Existence of hernia as breach of warranty as to health. 1917B, 744. Habits. 1916F, 1026. occupation. Waiver of provisions as to. 1916F, 751; 1917 A, 1062; 1917C, 914. Representation by professional gambler that he is a capitalist. 1916F, 1026. Provision against engaging in liquor busi- ness. 1917C, 914. other insurance; previous applica- tions. Annotation. Misrepresentation as to previous rejec- tion as increasing risk. 1917E, 558. Provision for automatic reduction in case additional insurance of the same kind is taken. 1917B, 319. False denial of rejection by other company. 1917E, 554. Failure to declare receipt of indemnity for injury to knee as a misrepresentation preventing recovery for death by fall from ship at sea. 1915E, 980. family history. Annotation. Statements respecting family history. 1917C, 866. False statement as to cause of death of ap- plicant's ancestors. 1917C, 858. Statement as to health and cause of death of relatives of insured. 1917C, 858. Statement as to health of insured's rela- tives. 1917C, 858. incontestability. Annotation. Validity and application of incontest- able clause in case of fraud. 1917E, 338. Date from which period after which insur- ance policy is incontestable is to be computed. 1917B, 103. Provision for incontestability after one year except in case of failure to pay pre- miums. 1917B, 208. Effect of incontestable clause on defense of fraud. 1917E, 333. Effect of statute making policies incontest- able after specified time on right of parties to contract for a shorter time. 1917E, 333. 232 INSURANCE. Forfeiture. in general. Forfeiture for breach of warranty, see supra. Construing policy so as to sustain rather than to forfeit it. 1917B, 208. Effect of wrongful declaration of forfeiture and refusal to accept further premiums 1915F, 1056. Forfeiture by sale of goods insured by fire without notice to the insurance com- pany. 1917A, 1078. Forfeiture by failure to give notice and fur- nish proofs of loss within stipulated time. 1915F, 1210. Forfeiture by removal of member from speci- fied section of country. 1915F, 1056. for nonpayment of premiums or as- sessments. Annotations. Grace for payment of premium after maturity of premium note. 1917C, 921. Effect of failure to pay periodical pre- mium on policy of life insurance to terminate the same in the absence of a provision for forfeiture. 1917B, 214:. Waiver or estoppel as to. 1917B, 897; 1917D, 1198. Failure of employer of one insured by em- ployee's accident policy who has unpaid wages of the insured in his hands, to pay premiums. 1916A, 475. Death of insured on day on which premium was due and before its payment. 1917B, 103. Default in payment of one annual premium due under indivisible contract; pro- vision that upon payment of policy company may deduct any sums due. 1917B, 208. Premium note ; days of grace after maturity of. 1917C, 917. Lapse, for nonpayment of premiums, of policy taken by mortgagor on his life as additional security. 1917D, 551. Recovery of premiums or assessments paid. 1917A, 475. Reinstatement. Annotation. Waiver of conditions of reinstatement of member of benefit society. 1917C, 260. Condition tl.at local lodge of benefit society shall be agent of assured in reinstating suspended member. 1915E, 152. Irregular marks in blank left for exceptions in application for reinstatement. 1917C, 350. Provision that in case of lapse of policy there shall be no liability for death from any cause for five weeks after re- instatement. 1916E, 875. Allowing reinstatement only if applicant i in good health. 1915E, 152. Sufficiency of compliance with requirement of certificate as to health. 1917C, 256. Waiver of conditions as to health. 1917B, 897; 1917C, 256. Premiums and assessments. Forfeiture for nonpayment, see supra. Demand, acceptance, and retention of, as waiver, see infra. Annotations. t When mortgagor excused from non- compliance n-itli his undertaking to- pay insurance premiums. 1917D, 555. Liability of mortgagee under mortgage clause for insurance premium. 1917F, 379. Illegality of policy for lack of insur- able interest as affecting right to- recover bach premiums paid. 1917A, 477. Grace for payment of premium tffter maturity of premium note. 1917C, 921. Exempting farmers' mutual insurance Com- panies from statute regulating insur- ance rates. 1915C, 1189. State taxation of amounts due foreign in- surance company 'by state policy hold- ers for premiums. 1915C, 903. Conclusivenes of decree of other state as to- validity. 1916A, 765, 771. Condition that local lodge shall be agents of insured in collecting and transmit- ting assessments. 1915E, 152. Liability of mortgagee for insurance pre- miums. 1917F, 375. Fixing higher rate for persons over certain^ age. 1916A, 750. Right to increase rates. 1916A, 750, 771; 1916C, 1051; 1916F, 919. Acceptance of check or draft. 1916A, 669. Premium notes. 1915A, 686. Mutual benefit assessments. 1915E, 152; 1916A, 750, 771; 1916C, 1051; 1916F,. 919. Return of unearned premium. 1916A, 750; 1916F, 440. Transfer of policy or of interest therein. assignment generally. Annotation. Effect of consent after loss to assign- ment of fire insurance policy. 1917F, 104:2. Presumption as to delivery of policy to as- signee thereof. 1916F, 783. Jurisdiction to reform assignment of policy. 1917B, 385 Validity of assignment. 1916A, 868; 1917D, 1049. Who may question validity of assignment^ 1916D, 395. INSURANCE. 233 Waiver of provision forbidding assignment of policy. 1917D, 1049. Right of owner of policy who has parted with title to premises to assign policy, after loss, to purchaser. 1917D, 307. Right of assignee of policy where beneficiary murders the insured. 1917B, 1210. Effect of assignment to devest insured of title and vest beneficial interest in as- signee. 1916F, 783. Effect of death of assignee to restore title to insured. 1916F, 783. change of beneficiary. Right of action against third person who maliciously induces change of benefici- ary. 1916C, 1134. Change of beneficiary as breach of antenup- tial contract to take out insurance in favor of wife. 1916C, 1130. Trust in proceeds of benefit certificate in favor of original beneficiary after change. 1916C, 1130. Estoppel of insurer to deny validity of change. 1917F, 398. Necessity of consent of insurer to change. 1915A, 109. Failure to comply with conditions; effect of ignorance of insured. 1916A, 868. Determining contest on equitable considera- tions in case of failure to comply with e::act terms of contract as to change of beneficiary. 1916E, 588. Waiver of provisions as to change of bene- ficiaries. 1915A, 580. Right to change beneficiary without consent of the beneficiary. 191 7F, 631. Change of beneficiary by will. 1915 A, 109; 1917F, 398. Effect of forwarding order for change where insured dies before change is actually effected. 1915A, 580. Waiver or estoppel of insured or beneficiary. Change of position by insurer entitling it to claim estoppel. 1915A, 872. Estoppel of beneficiary of insured who has surrendered his rights to recover as ad- ministrator of the insured. 191 5A, 872. 'Estoppel of beneficiary to contest surrender of policy by insured while insane. 1915A, 872. Waiver or estoppel of insurer. in general. Question for jury as to. 1915D, 187. Necessity of pleading and proving waiver. 1917F, 663. Admissibility of evidence as to. 1917E, 983. Parol evidence of assent of company to addi- tional insurance forbidden by the pol- icy. 1917D, 868. Waiver of right to forfeit policy for failure to pay premiums at expirations of days of grace. 1916A, 669. Waiver of provisions as to change of bene- ficiaries. 1915A, 580. Estoppel to deny validity of change of bene- [ ficiary. 1917 F, 398. Waiver of conditions for reinstatement of insured. 1917B, 897; 1917C, 256. Waiver of provision against other insurance 1916B, 1189. To set up nonpayment of premiums in de- fense of liability on policy. 1917B, 897; 1917D, 1198. Necessity of allegation of waiver in plead- ing. 1917A, 1078. Waiver of nonwaiver agreement. 1917D 1091. Knowledge or notice. 1915F, 759; 1916A, 979; 1916B, 901; 1917D, 1174; 1917E, 983; 1917F, 663. Estoppel or waiver as affected by power of agent. 1916B, 1189; 191 6C, 779; 191 6F, 1026; 1917D, 1049, 1198; 1917F, 663. Mistake, negligence or fraud of agent. 1915A, 273; 1915D, 766. acts constituting waiver or estop- pel. Annotation. Furnishing blanTcs for proofs of loss or claim as a waiver of breaches of condition or forfeiture. 19 17 A, 1065. Waiver of provision for arbitration by fail- ure to demand it before suit is begun. 1916F, 1043. Recognizing policy and inducing insured to- incur trouble or expense in belief that policy is valid. 1917D, 1091. Misleading conduct. 1915B, 793; 1917F, 398. Issuing and delivering policy. 1916B, 1252; 1916F, 166. Furnishing blanks for making proofs of loss. 1917A, 1062. Requiring notice or proofs of loss. 1917F, 663. Sending agent to investigate loss. 1917F, 663. Receipt, demand, or retention of premium or assessment. 1915B, 793; 191 6A, 551; 1916B, 901; 1016F, 100, 751; 1917A, 1062; 1917B, 897; 1917C, 256, 914; 1917F, 663. Denial of liability. 1915D, 1199; 1916F, 438; 1917A, 299. The loss generally. Duty of insured to use all reasonable means to save property from impending loss. 1917D, 1091. Notice and proofs of loss; arbitration; inspection. Annotations. Insanity or sickness of insured as ex- cuse for failure to give notice or furnish proofs of loss as required by policy of fire insurance. 19 17 A, SOS. Time \vithin ivhich demand for arbitra- tion, appraisal, inspection, or re- inspection must be made. 19 17 A , 1OS6. 234 INSURANCE. Furnishing blanks for proofs of loss or claim as a waiver of breaches of condition or forfeiture. 19 17 A, 1O65. Waiver or estoppel by requiring, or furnish- ing blanks for making, proofs of loss. 1917 A, 1062; 1917F, 663. Forfeiture by failure to give notice and fur- nish proofs of loss within stipulated time. 1915F, 1210. Waiver of notice or proofs of loss. 1915D, 187, 1199; 1916F, 438; 1917F, 663. Requiring certain time after proofs of loss before payment. 1915F, 1210. Excuse for failure to furnish proofs of loss. 1917A, 299. Waiver of provision for arbitration by fail- ure to demand it before suit is begun. 1916F, 1043. Waiver by insurer of right to demand ap- praisement or inspection. 1917A, 1078. Time to demand appraisement and inspec- tion of insured goods injured by fire. 1917A, 1078. Disparity between value' placed on property in proofs of loss and its actual value. 1917E, 983. Evidence of reputation of insured where de- fense of fraudulent overvaluation of property is set up. 1915C, 1179. Risks and causes of loss, injury, or death. under policies covering property. Annotation. Fall of building clause in fire insur- ance policies. 1917F, 1O64. Burden of proof as to. 1917F, 1061. Stipulation in policy against liability for fall of building except as result of fire. 1917F, 1061. Condition against liability for loss by high water or overflow. 1915B, 1094. Loss by theft of goods stolen while insured was removing them from threatened destruction by fire. 1917D, 1091. Explosion. 1917C, 487. Lightning. 1917F, 1061. under life policies. Annotations. Provision agai:i^t liability in event of death or injury in consequence of violation of law, as applied to death or injury resulting front a personal encounter. 1917C, 199. Murder of insured by beneficiary as af- fecting right to proceeds of policy. 1917B, 671. Death from asphyxiation. 1917D, 74O. Sufficiency of evidence as to cause of death. 1917C, 195. Condition against liability for death result- ing from violation of law; death while engaged in assault. 1917C, 195. Murder of insured. 1917B, 670, 1210. Asphyxiation by accidentally breathing il- luminating gas. 1917D, 738. Provision against liability for death caused by cv'ninal act or improper conduct of insured. 1917E, 311. Poisoning by anesthetic employed in per- forming operation after accident. 1916E, 1203. Suicide. 1915D, 1095; 1915F, 703, 707. under accident or health policies. Annotations. Liability on accident policy for sick- ness or death caused by blood poi- soning. 1917 A, 1056. Death from asphyxiation. 1917D, 74O. Waiver of privilege as to evidence in regard to. 1916A, 475, 519. Presumption and burdiT -of proof as to cause of death of insured. 1915D, 358. Sufficiency of proof of cause of death. 1916E, 952. Evidence of declarations of suicidal intent. 1916B, 816.' Stipulation in policy for autopsy. 1915P, 1199. Who is common carrier within meaning of policy insuring against injury while in common carrier's conveyance. 1915C, 456. Effect of existence of disease on right to recover. 1915E, 780. What is a bodily injury accidentally inflict- ed within meaning of employer's liabil- ity insurance. 1916D, 1027. Chance contact with poison ivy as within condition against liability for death from poison taken or administered acci- dentally or otherwise. 1915A, 314. Death from meningitis resulting from snuff- ing nasal douche as accident. 1915B, 872. Dilation of heart following voluntary tak- ing of cold bath. 1916B, 1018. Dilation of heart due to overexertion. 1916E, 1196. Sunstroke. 1916E, 945, 952. Rupture through fall. 1916B, 617; 1916E, 1203. Bursting of stitches closing wound made by operation. 1915E, 955. Loss of sight because of blood clot on retina due to sudden intentional movement of hand. 1916D, 536. Intentional injuries. 1915A, 538; 1915D, 358; 1915E, 695; 1916D, 536. External, violent, and accidental means. 1915B, 872; 1915E, 695; 1916B, 617, 1018; 1916D, 1176; 1916E, 945, 1196. Increased hazard; voluntary exposure. 1915D, 312; 1915E, 127. Injury received while insane. 1915E, 656. Suicide while insane. 1915E, 656. Blood poisoning. 1915A, 314; 1916A, 475; 1916E, 1203; 1917A, 1050; 1017F, 481. Insurance against loss from illness. 1917D, 738. INSURANCE. 235 Extent of injury or loss; of recovery. insurance on property. Annotation. Insurance against loss of profits. 1917C, 726. Validity of provision against liability for loss beyond actual value destroyed by fire notwithstanding ordinance regulat- ing repair of building. 1915E, 618. Valuation of property. 1915E, 489. Validity of valued policy law. 1915E, 618. Classifying furniture sold conditionally and put in use by vendee as household furniture within meaning of valued policy law. 1917B, 253. In case of insurance against loss of profits. 1917C, 722. In case of insurance against loss of rent re- sulting from injury to building by fire. 1916F, 693. Total loss of building. 1915E, 618. Total loss of vessel or cargo. 1916F, 1168. insurance on persons. Extent of recovery under employer's liabil- ity insurance policy, see infra. Annotation. What constitutes disability within meaning of accident or health policy. 1917B, 108. Rights of insured on insolvencv of com- pany. 1917E, 1139. Application of by-law increasing amount re- coverable to death from accident occur- ring before adoption of by-law. 1915A, 314. Classification of risks; estoppel as to. 1917D, 1174. Provision for payment of increased sum in case of death effected exclusively by external, violent, or accidental means. 3915E, 695. Double indemnity in case of injury by acci- dental, violent, or accidental means while in or on a public carrier convey- ance. 1916D, 1176. Reduction of recovery where insured sub- jects himself to increased hazard. 1915D. 312. Deducting from recovery dues which accrued and were tendered and rejected after at- tempted suspension of member. 1915F, 1056. Provision in accident policy for automatic reduction in case additional insurance of the same kind is taken. 1917B, 319. Provision for reduction of indemnity in case of injury of which there are no visible marks upon the exterior of the body. 1917D, 1174. Recovery of full r.mount of accident policy in case of death from blood poisoning resulting from infection of a wound. 19] 7A. 1050. Total disability. 1917B, 107; 1917C, 910. Loss of hand. 191 5D, 264. "Confinement to house" within meaning of health insurance policy. 1917B, 744. Interest in proceeds. of property insurance. Annotations. Right of mortgagee who by mistatee is insured as owner or in owner's name, or vice versa. 1917C, HO. Pledge or assignment by mortgagee of his interest in the mortgage debt or property as affecting his right against insurer. 1917E, 33O. Rights of owner of property in storage warehouse insured for his benefit. 1917D, 847. Mortgagee. 1915C, 758: 1917C, 106. of insurance on persons. As to change of beneficiary, see supra. Annotation. Statutory exemption of proceeds or avails of life insurance as inur- ing to benefit of estate ivJiere policy is payable to executors or admin- istrators or estate. 1917F, 1143. Bill of interpleader by insurance company to determine conflicting claims. 1916D, 1168. Sufficiency of proof as to. 191 5B, 728. Question whether proceeds of policy are community property or the separate property of the estate of the assured. 1917F, 1137. Life insurance as assets of decedent's es- tate. 1917F, 1137. Right of beneficiary of benefit certificate to raise question of mental competency of insured when he attempted to surrender his certificate. 1917F, 631. Effect of facility of payment clause in pol- icy. V 1916F, 457. Vested interest of beneficiary in insurance. 1915A, 264, 872; 1915D, 130. Right of beneficiary to personal judgment for amount provided by benefit certifi- cate for erection of monument. 1916F, 166. Exemption of proceeds of insurance. 191 5A, 1201; 1917C, 353; 1917F, 1137. Right of creditors of insolvent to follow proceeds of insurance on which they have a lien into homestead property purchased by them. 191 7B, 130'. Joint tenancy in proceeds of policy on lives of husband and wife payable to sur- vivor. 1917B, 1210. Trusts in favor of estate of insured where beneficiary has forfeited his rights. 1917B, 1210. Right of sole heir of insurer to recover where beneficiary has forfeited his rights. 191 7B, 670. Rights of heirs; effect of change of by- law. 1915A, 264. Rights of wife generally. 3 315 A, 264. 236 INSURANCE. Effect of divorce. 1915B, 749; 1915D, 130; 1916D, 1168. Defenses; release. Annotation. Date from which the period to which a defense is limited in life insurance policy is to be computed. 1917B, 1O5. Date from which period to which a defense is limited is to be computed. 1915F, 703, 707; 1917B, 103. Right- to jury trial on question of validity of insurance policy in action by mort- gagee under mortgage clause. 1916A, 784. Effect of failure of mortgagor to notify insurer of policy taken by mortgagee to avoid policy taken by mortgagor which provided for forfeiture in case of additional insurance without consent of insurer. 1917A, 604. Effect of murder of insured by beneficiary to absolve company from liability to others. 1917B, 670. Subrogation. Subrogation of insurer to rights of insured against wrongdoer whose negligence caused the injury. 1917C, 487. Effect of settlement by insured with one responsible for loss to defeat insurer's right of subrogation. 1916A, 1280. Liability of insured who defeats subrogation by settling with person responsible for loss. 1916A, 1280. Independent action by insurer against per- son responsible for loss where the same negligent act causes another injury to the same property not covered by the insurance. 1917C, 487. Subrogation of insurance company issuing policy to borrower of money secured by trust deed on insured property, to rights of creditor upon payment of his claim. 1917D, 868. Subrogation to rights of mortgagee. 1916A, 556, 784. Right of insured as against insurer subro- gated to rights of mortgagee, to a credit for the pro rata share which the in- surance company would have been obliged to pay to the insured on ad- justment of the loss between the com- pany and other companies who had written insurance on the property, if there had been no mortgage clause. 1917D, 871. Apportionment or contribution. Severability, see supra. Annotation. Provision in accident policy for prorat- ing in case of other insurance. 1917 B, 323. Repugnancy of provision for apportionment, and other provisions of policy. 1917B, 319. I Validity of provision in accident policy for automatic reduction in case additional insurance of the same kind is taken. 1917B, 319. Construction of provision for apportion- ment in case policyholder shall carry- any other insurance of which he ha* not notified insurer. 1917B, 319. Right of insured as against insurer subro- gated to rights of mortgagee, to a credit for the pro rata share which the insur- ance company would have been obliged to pay to the insured on adjustment of the loss between the company and other companies who had written in- surance on the property, if there had been no mortgage clause. 1917D, 871. Distributing loss upon two parts of building under one roof between policy covering both parts for gross sum and policy specifically liable on each part. 1915B", 509. Provision in policy covering building and personal property therein against lia- bility for greater proportion of any lose than the amount insured thereby shall bear to the entire insurance. 1916F, 992. Actions, enforcing payment. Defenses, see supra. Annotation. Service by publication to give jurisdic- tion of issues between nonresi- dent and resident claimants to- benefits under an insurance policy. 1917B, 393. Reformation of insurance policy and en- forcement thereof in one action. 1915D,. 766; 1917F, 663. Prematurity of suit. 1915F, 1210. Condition precedent to action on insurance- policy. 1915D, 766; 1917E, 983. Bringing suit on policy by motion; suffi- ciency of notice. 1917D, 1049. Jurisdiction of equity of suit on policy. 1915A, 872. Pleading. 1917A, 1078; 1917E, 983; 1917F,. 663. Exhibit with pleadings. 1917B. 208. Treating unnecessary reply as part of peti- tion. 1915B, 793. Admissions in pleading in action on policy. 191 5 A, 872. Question for jury. 1915A, 273, 538; 1915D, 187; 1917 A, 1078: Right to jury trial on question of validity of insurance policy in action by mort- al iri'c under mortgage clause. 1916A, 784. Presumption and burden of proof. 1915B, 756; 1915D, 358; 1916E, 1203; 1916F, 783: 1917A, 299; 1917F, 663, 1061. Admissibility of evidence generally. 1917E, 983. Evidence of declaration of insured. 1916B,. 816. Waiver as to privileged communications. 1916A, 475, 519. INSURANCE ; INSURRECTION. 237 [Evidence as to reputation of insured. 1915C, 1179. Evidence in rebuttal in action on policy. 1916A, 475. Parol evidence. 191 5A, 273; 1915C, 619; 1915D, 7G6; 1917D, 868. Opinion evidence as to value of property. 1915C, 117-9. Sufficiency of evidence. 1915B, 728; 1916E, 952;* 1017C, 338. Right of husband acting as his wife's agent in insuring property to testify in re- gard thereto. 1917F, 663. Time for appeal by insurance company. 1917C, 1029. Review of findings on appeal: 1915C, 1179; 1016A, 669. Prejudicial error. 1917E, 983. Direction of verdict. 1917E, 983. Deducting from recovery dues which accrued and were tendered and rejected after at- tempted suspension of member. 1915F, 1056. Validity of stipulation against recovery of interest in case of action to enforce con- tract. 1916A, 551. Allowance of attorneys' fees as costs. 1916A, 784, 519. Recovery in action on policy of statutory penalty and attorneys' fees for nonpay- ment. 1916B, 1252. Guaranty insurance. Bonds for fidelity of employees, see BONDS. As to workmen's compensation, see WORK- MEN'S COMPENSATION. Annotations. Right of insured tinder policy indem- tiifying against liability for dam- ages or injury, to settle the part of a claim in excess of insurer's lia- bility . 1917D, 957. Automobile liability insurance. 1917F, 615. Insurance against liability of automobile owner for injury to person or property. 1917F, 612. Requiring securing of insurance for protec- tion of persons or property as condi- tion to issuance of license for operation of jitney. 1915F, 850. Undertaking to furnish materials for voting contest and guarantee results as a con- tract of commercial insurance. 1917D, 485. Garnishment of proceeds of indemnity in- surance policy. 191 6E, 597; 1917C, 1061; 1917F, 924. Right to deprive assured of the right to settle at his own cost the portion of a claim in excess of the policy. 1917D, 952. Examination of jurors in action in which de- fendant is indemnified by employers' casualty company. 1915A, 153. Estoppel to deny liability on employers' in- demnity policy. 1916D, 395. ! Effect of delay of insurer against employer's liability to take action or give advice ". ith respect to accident to employee on liability for amount paid by insured in settlement of his claim. 191 5F, 958. Liability of insurer against employer's lia- bility for expenses of successful appeal from judgment against insured. 1915A, 629. Liability of insurer against employer's lia- bility for accrued c ts and interer^ ac- cruing after entr^ of judgment. 1016E, f97. Effect of payment or assumption by third person of liability for an injury as a loss within meaning of employer's lia- bility insurance policy. 191 6F, 876. Effect of insolvency of employer so that judgment against him cannot be col- lected on reecovery on employer's liabil- ity insurance policy. 1916E, 597. Effect of one insuring against liability of employer for injuries to employees un- dertaking defense of action against em- ployer. 1916D, 395; 1916E, 597. Employer's liability insurance as covering claim for malpractice of physician fur- nished by employer to treat injured em- ployee. 1915C, 155. What is a bodily injury accidentally in- flicted within meaning of employers' lia- bility insurance. 1916D, 1027. What constitutes satisfaction of judgment within meaning of employers' liability insurance policy. 1916D, 395. Who may question the validity of assign- ment of employers' liability policy. 1916D, 395. Insurance against robbery or theft. Annotations. Insurance against loss by robbery. 1917D, 687. Automobile insurance against theft, robbery, and pilferage. 1917F, 543. Sufficiency of proof in action on policy against loss by theft. 101 5D, 615. What constitutes loss "by robbery, by force and violence." 1917D, 684. Right of recovery under policy insuring against loss of or damage to automo- bile by theft. 1915B, 327; 1915E, 575; 1917F, 540. Extent of recovery on policy insuring against theft of automobile. 1915E, 575. INSURRECTION. Calling out militia to suppress, see MILITIA. Habeas corpus to release from imprisonment one charged with aiding. 191 5B, 988. Review by court of governor's action in case of. 1915B, 988. 238 INTENT INTEREST. INTENT. Presumption and burden of proof as to, see EVIDENCE. Parol evidence as to, see EVIDENCE. Opinion evidence as to, see EVIDENCE. Relevancy of evidence as to, generally, see EVIDENCE. Of person making false representation, see FRAUD AND DECEIT. Allegation of, in indictment, see INDICT- MENT, ETC. Question for jury as to, see TRIAL. Of testator, see WILLS. Annotation. Knowledge or intent as element of the offense of using or giving false weight or measure. 1917D, 1129. Sufficiency of proof of. 1916A, 862. Correctness of instruction as to. 1917D, 944. Effect of good intent on liability of breach for the peace. 1916B, 1117. As e'ement of crime generally. 1916E, 492; 1917B, 1260; 1917D, 944; 1917F, 469, 540. As necessary ingredient of larceny. 1917F, 540. Construing contract according to intent of parties. 1916F, 1228; 1917D, 1115. Of legislature in passage of statute. 1915C, 898; 1916E, 602; 1917A, 1116; 1917C, 897. Of one uttering slanderous words. 1917D, 199. To change domicil. 1917E, 490. Effect of, in determining whether machinery is a fixture. 1916F, 1275. INTENTIONAL INJURIES. To insured. 1915A, 538; 1915D, 358; 1915E, 695; 1916D, 536. INTEREST. In general. When recoverable. in general. . as damages; on amount recov- ered as damages. on judgments; verdicts; awards. Computation: amount; rate. in general. rate. In general. Usurious interest, see USURY. Annotation. Interest during receivership on claims accruing prior to apjiointmcnt of receiver. 1917V, 1157. Disqualification of judge by. 1915E, 858. Effect of appointment of receiver for in- solvent corporation to stop running of interest on company's mortgage bonds in favor of unsecured creditors. 1917D, 1152. Limiting amount of interest which may be deducted from gross income of corpo- ration for purpose of fixing income sub- ject to Federal income tax. 1917D, 414. Who entitled to interest upon funds in hands of county clerk accumulated from fines and penalties. 1917B, 176. Effect of garnishment of bank deposit to bind interest subsequently accruing. 1917B, 938. Guaranty by state of interest on faun loans. 1917A, 495. Note given for overdue interest. 1916A, ]215. Effect of provision as to, in note, on its negotiability. 1915B, 1216; 1915D, 1084; 1915F, 1203. Stipulation in note for payment of increased interest after default, as a penalty. 1916E, 721. Liability of administrator requesting bank to hold deposit against claimant to re- imburse bank for interest which it is compeled to pay on a legal establish- ment of the claim. 191 5E, 797. Agreement to pay interest on note after ma- turity as consideration for release of principal. 1916C, 384. Payment of, by municipality on bonds il- legally issued as ratification of other bonds issued under same authority. 1915A, 1009. Effect of omission of item of interest from statement of account. 1916A, 568. 'When recoverable. in general. As element of recovery on employer's liabil- ity insurance policy. 1916E, 597. Liability for interest, of bank for holding attached deposit because of claim there- to by stranger. 1917B, 938. Right of purchaser of land to recover in- terest on amount paid upon rescission of contract. 1916C, 996. On statutory double liability of stock- holder. 1917E, 393. as damages; on amount recovered as damages. Allowance of interest from date of the transaction in an action for fraud. 1916F, 780. Effect of statute of limitation to bar in- terest. 1916C, 1106. For conversion. 1915B, 291; 1916C, 544. In condemnation proceedings. 1916A, 1079; 1916C, 1106; 1916F, 969. on judgments; verdicts; awards. Interest on approved claims against bank- rupt's estate. 191 5B, 884. Validity of provision in contract stipulating apainst recovery of interest in action thereon. 1916A, 551. INTEREST INTERSTATE COMMERCE COMMISSION. 239 Computation; amount; rate. in general. Computation of interest on amount due from cotenant for taxes and other ex- penses. 1915B, 961. Computation of interest on purchase money upon repudiation of contract for pur- chase of land. 1915E, 404. rate. Conflict of laws as to. 1916D, 732, 739, 745. Effect of uncertainty as to rate of interest on negotiability of note. 1915D, 1084. Effect on negotiability of note of provision for higher rate of interest after matur- ity. 1915B, 1216. INTERFERENCE. Liability for interference with contract re- lations or for injury to business by in- terference, see CASE. Interference with business by unfair compe- tition, see UNFAIR COMPETITION. INTERLOCUTORY INJUNCTION. See INJUNCTION. INTERLOCUTORY ORDER. Consideration of, on appeal, cee APPEAL AND ERBOB. INTERNAL IMPROVEMENTS. Annotation. Construction or improvement of high- .way as an "internal improvement" within the meaning of a constitu- tional prohibition against the state engaging in or aiding internal im- provements. 1917C, 1O3S. Binding effect of constitutional provision forbidding state to engage in, on every member of three co-ordinate depart- ments of state government. 1917C, 1034. Construction of highway as an internal im- provement. 1917C, 1034. INTERNAL REVENUE. As to Federal income tax, see TAXES. Effect of permission of Federal government to inclose coupons, etc., in packages of tobacco on state restrictions. 1917A, 421. INTERNATIONAL LAW. Private international law, see CONFLICT OF LAWS. INTERPLEADER. Estoppel of. 1915A, 1132. Bill of, by insurance company to determine conflicting claims. 1916D, 1168. Determining right of county to return of money paid state's attorney as salary in interpleader by county clerk to de- termine right to money in his hands claimed by state's attorney as fees. 1917B, 176. Right to jury trial of party ordered to in- terplead. 1917D, 741. INTERPRETER. Admissibility of testimony as to statements made through interpreter. 191 6F, 1J98. INTERROGATORIES. To witness, see WITNESSES. INTERSTATE COMMERCE. In general, see COMMEBCE. Application of rule of assumption of risk to interstate as well as intrastate com- merce. 1917C, 481. Application of state Workmen's Compensa- tion Act to employees engaged in. 1916A, 403, 436; 1916D, 935. When servant is engaged in, within meaning of Federal Employers' Liability Act. 1915C, 17; 1915D, 557; 1916C, 797; 1916E, 916; 1916F, 540; 1917D, 1; 1917E, 262, 677, 734. INTERSTATE COMMERCE COM- MISSION. For constitutionality of laws affecting inter- state commerce, see COMMERCE. Annotation. Power of state court to review rules of Interstate Commerce Commission. 1917E, 919. Reports to, by carrier; penalty for failure to file. 1917A, 1198. Necessity of finding by, before maintenance of action for damages for breach of con- tract to run special interstate train. 1917D, 750. 240 INTERSTATE COMMERCE COMMISSION INTOXICATING LIQUORS. Power of commission to act on demurrage rule relating to private cars used in interstate transportation. 1917E, 916. Review of decisions. 1917E, 916. INTERSTATE EXTRADITION. See EXTRADITION. INTERSTATE PASSENGER. Annotation. Effect of breaking continuity of pas- sage upon its interstate character. 1917D, 1184. Who is an interstate passenger. 1917D, 1180. INTERSTATE SHIPMENT. Annotation. Effect of breaking continuity of pas- sage upon its interstate character. 1917D, 1184:. INTERURBAN RAILROADS. As carriers, see CABEIEBS. Annotation. Liability of company operating along highway for injury to live stock.. JL917E, 77O. Right to compel continued operation of. 1915D, 547. Application to, of Federal Safety Appliance Act. 1917A, 558. Negligence of motorman causing injury to cattle on track. 1917E, 767. Contributory negligence of owner of cattle injured on. 1917E, 760. INTERVENTION. Of parties in actions generally, see PAR- TIES. INTOXICATING LIQUORS. In general. Prohibition and regulation; statutes and ordinances. in general. local option. Licenses. Unlawful sales; offenses and proceed- ings. in general. Unlawful sales; offenses and proceed- ings cont'd. sales by clubs and their agents. sale or procuring of liquor by agent. place of sale. seizure and destruction. Civil damages. In general. Interstate commerce in, see COMMERCE. Annotations. Construction and effect of p. o visions against keeping, on insured prem- ises. 1917C, 282. Effect of insertion of unauthorized provisions in liquor bond. 1917B, 995, 1OO9, 1O1G. As necessaries within statute render- ing wife or her property liable therefor. 1917 F, 863. Construction of lease of premises for saloon. 1917E, 777. Validity of lease for saloon. 1917E, 777. Validity of guaranty by brewing concern of lease entered into by saloonkeeper. 1917E, 777. Injunction against' sale of liquor in one state to be shipped into prohibition ter- ritory. 1917D, 1023. Provision in insurance policy against engag- ing in business of selling. 191 7C, 914. Construction of lease of property for saloon business. 1917C, 931. Right to recover price of liquors sold for resale, where resale will entourage house of ill fame. 1917B, 11G6. Judicial notice as to danger of bartender's position. 1916F, 957. Drinking of, by jurors. 1915C, 302, 315; 1917F, 210. Right of carrier to refuse to transport. 1916C, 278. Right to sell liquor on property as element to be considered in fixing value for pur- pose of taxation. 1916E, 1101. Valuation of insured bar fixtures where pro- hibition is adopted after policy is is- sued. 1915E, 489. Liability of vendor of lota in town laid out by him for breach of representation that no liquor would ever be sold in the town. 19] 7F, 949. Power of agent selling land to covenant that no liquor shall be sold in any of the lots in the tract. 1917F, 949. Recovery under Workmen's Compensation Act for assault on bartender by drunk- en patron of saloon. 1916F, 957. Prohibition and regulation; statutes and ordinances. in general. Annotations. Effect upon lease of property for saloon purposes of passage of pro- hibitory laws during term. 1917C, 935. INTOXICATING LIQUORS. 241 Constitutionality, construction, and ef- fect of Webb-Kenyon Act. 1917B, 1229. JPower to prohibit the keeping of in- toxicating liquor irrespective of any intention to sell it in violation of law. 1917D, 93S. 'Effect of prohibition law on lease of prop- erty for saloon business. 1917C, 929, 931. .Adoption of ordinance making bar business illegal as an eviction of tenant leasing land from city for bathing resort with privilege of subletting portion for bar purposes. 1917F, 713. 'Sufficiency of title of statute as to. 1915D, 530. Strict construction of prohibitory act. 1917B, 962. Construction of statute making it unlawful to keep any intoxicating liquors in any place other than a private residence. 1915D, 172. Regulations as interference with interstate commerce. 1915F, 1140. Amendment to state Constitution denying to legislature power to enact prohibi- tory liquor law. 1917B, 7. Tower of legislature to make place where liquor is delivered to purchaser the place of sale. 1916C, 291. Tower of municipality to prohibit transpor- tation of liquor into corporate limits. 1916E, 922. Tower of municipality to declare keeping of liquor a nuisance. 1917A, 314. Right to prohibit sale of nonintoxicating liquors. 1917B, 962. Constitutionality of Webb-Kenyon Act. 1916C, 291 ; 1917B, 1218. Retroactive effect of Webb-Kenyon Act. 1916C, 291. Effect of Webb-Kenyon Act on shipments into prohibition territory for personal use. 1916C, 273; 1917B, 1218, 1230. Hight of state under Webb-Kenyon Act to provide that sales in which delivery is to be made by a carrier shall be deemed to be made in the county where they are to be delivered. 1916C, 291. "Forbidding shipments of liquor whether in- tended for personal use or otherwise. 1917B, 1218. Validity of statute levying tax upon one attempting to solicit orders in prohibi- tion territory. 1915C, 101. Forbidding distribution or display of price lists or advertisements of liquor. 191 5E, 640; 1916B, 893; 1917C, 639. "Effect of provision in prohibition statute permitting one to have liquor in his own home and to give it to another. 1916F, 1001. 'Limiting amount of liquor which citizen may receive and possess in dry terri- tory. 1916C, 278. Trohibiting keeping of liquor not intended for sale at places other than private residences. 1915D, 172. Forbidding keeping of intoxicating liquors in social clubs. 1915D, 530. L.R.A. Tri. Index 1915-17. 16. Forbidding keeping of liquor by members of clubs in their lockers for individual use. 1917A, 314. Right to forbid manufacture of intoxicating liquors within the state. 1916F, 177. Prohibiting manufacture, sale and keeping in public place of intoxicating liquor, and restricting amount that citizen may keep in his home. 1917D, 926. Application of statute requiring license to sell liquors to sale of stock ' of such liquors as part of business. 1916D, 1009. Regulations as to place of sale. 1915A, 1129. Forbidding sale of liquors within certain distance of church. 1915E, 408. local option. Amendment to state Constipation denying to legislature power to enact local op- tion law. 191 7B, 7. Judicial notice of result of local option election. 1915B, 788. Right to use voting machine in local option election. 1915C, 513. Licenses. Liability on statutory liquor bond, see BONDS. Power of municipality to employ attorneys to obtain reversal of decision denying exclusive right of municipality to li- cense sale of liquors within its limits. 1917D, 237. Who entitled to. 1915C, 898. Validity of statutory provision as to licenses or taxes. 1915C, 101; 1915F, 1140. Effect of contemporaneous construction of license law. 191 5F, 1140. What constitutes a sale at retail requiring procurement of license. 1915B, 389. Application of statute requiring license to sell liquors to sale of stock of such liquors as part of business. 1916D, 1009. Right to require vessel touching at ports of different states to secure license for the sale of liquor from each of the states. 1915F, 1140. Unlawful sales; offenses and proceed- ings. in general. Annotations. Manufacturing under contract as a sale. 1917B, 6O6. Do statutes forbidding the sale of a certain class or classes of liquor include nonintoxicating liquor. 1917B, 974:. Alcoholic liquids not ostensibly intend- ed for beverages as within prohib- itory or regulatory statute. 19171?', 244. Conviction of keeping a common liquor nuisance upon proof of a single sale. 1917F, 111O. Injunction to restrain sale of liquor to be shipped into proJiibition terri- tory. 1917D, 1027. 242 INTOXICATING LIQUORS INVESTMENTS. Seizure by state of liquor in possession of carrier. 1917B, 215. Search of premises for intoxicating liquors. 1915D, 330. Injunction against violation of liquor laws. 1916C, 291; 1916F, 1001; 1917D, 283. Indictment for violation of liquor laws. 1917B, 1230. Receipt of verdict in absence of accused in prosecution for illegal sale. 1917B, 344. Admissibility in prosecution for violation of liquor laws of evidence wrongfully obtained. 191 6E, 714. Sufficiency of evidence in prosecution for violation of liquor law. 1916A, 812. Prejudicial error in conduct of jury in pros- ecution for violation of liquor laws. 1915C, 315. Intent as to use to which liquor is to be put as test of liability for violation of liquor laws. 1917B, 1230. Effect of honest belief in nonintoxicating character of liquors sold. 1916D, 262. Right to make possession of more than spec- ified quantity of liquor evidence of il- legal intent. 1916C, 278. Single sale as warranting conviction for keeping and maintaining liquor nui- sance. 1917F, 1107. What constitutes a sale at retail within meaning of statute. 1915B, 389. Lending whisky to be returned in kind and amount. 1915C, 648. Contract by which distiller is to make brandy from apples furnished by the other party and deliver to him one half the product as a sale. 1917B, 605. What liquors included within prohibitory laws. 1917B, 962; 1917F, 238. Violation by nonresident liquor dealer a* state statute forbidding circulation of price-lists or advertisements of liquors. 1917C, 639. Forfeiture of vehicles used in conveying liquor intended for illegal use. 1916E, 338. Liability of carriers and their agents. 1916C, 291; 1916F, 1001. Liability of one having possession of liquor to be delivered to carrier for shipment to other states upon receipt of price. 1915D, 330. sales by clubs and their agents. Sufficiency of title of statute as to. 1915D, 530. Statute imposing tax on whoever pursues, in prohibition territory, business of operating place where liquors are kept on deposit for others. 1915C, 101. Estoppel to annul charter of club because of illegal sale of liquor. 1915C, 876. Effect of charter of club to give authority to sell liquor to members. 1915C, 876. What constitutes sale of liquor by a club. 1915C, 101; 1915C, 876. sale or procuring of liquor by agent. By agent of club, see supra. Annotation. Is one who obtains liquor for and de- livers it to another, using the lat- ter's money, guilty of selling the same. 1917D, 1O2O. Liability for aiding another in purchac'ng liquor at his own instance. 1917D, 1013, 1014. place of sale. What is place of sale. 1915A, 901; 1915F, 1149; 1916C, 291. Validity of regulations as to place of sale. 1915A, 1129. Prohibited places. 1915E, 408; 1916D, 816. seizure and destruction. Forfeiture of vehicles used in conveying li- quor intended for illegal use. 1916E, 338. Seizure by state of liquor in possession of carrier. 1917B, 215. Civil damages. Abatement of action by death. 191 6D, 940. Joinder of parties 4^fendant in proceeding under civil damage act. 1916D, 940. Measure of damages in action under Civil Damage Act. 1916D, 940. For death of person to whom liquor is sold. 1916D, 940. INTOXICATION. See DRUNKENNESS. . INVASION. Calling out militia in case of. 1915A, 1141. *--* INVENTION. Annotation. Right of public to benefit of inventions made by officer or employee. 1917B, 1183. INVENTORY. Condition for taking, in insurance policy, see INSUEAXCE. INVESTMENTS. Annotation. Constitutionality of Blue STcy Laws. 1917F, 524. Constitutionality of Blue Sky Laws. 1917F, 514. INVOLUNTARY SERVITUDEJITNEY BUSSES. 243 INVOLUNTARY SERVITUDE. Release by baseball club of services of ball player undt?r contract with it to enter club as amovnting to involuntary serv- itude of the player. 1917F, 841. Contracting by state of convict labor as violation of constitutional provision against slavery. 1916D, 651. IRON-SAFE CLAUSE. In insurance policy, see INSURANCE. IRREGULAR INDORSMENTS. Indorsement before delivery, see BILLS AND NOTES. IRREPARABLE INJURIES. As basis of equitable jurisdiction. 1915F, 1012. IRRESPONSIBILITY. Of person committing crime, see CBIMINAL LAW. IRRIGATION. Use of water for, generally, see WATERS. Condemnation of property for, 1916C, 1275. Estoppel of irrigation company to get up failure of predecessor to comply with contract with state. 191 6F, 236. Jurisdiction of railway commission to de- termine question of ownership of irri- gation canal. 1915D, 1205. Right to regulate rates of irrigation com- pany. 1915D, 1205. Imposition on owner of irrigation ditch of expense of constructing and maintain- ing bridge. 1915E, 687. Statute requiring proposal for constmction of irrigation system to state price and terms per acre at which perpetual water rights will be sold. 1916F, 236. Negligence of irrigation ditch company as to care of ditch. 1915D, 292. Right of corporation taking over irrigation system to refuse to sell stock to pur- chaser of land within the district. 191 7F, 236. Refusal of irrigation company to deliver water to purchaser of stock not trans- ferred on books. 1915D, 292. Damages for injury to crop by failure to furnish water. 191 5D, 292. False representation that an ownership of land carries privilege of using water for irrigation. 1915A, 675. Statement by vendor that irrigation project would pass close to property. 1916B. 1069. ISSUES. Limiting issues on grant of new trial, see NEW TEIAL. JAILS. Riot by prisoners confined in. 1915C, 578. JAMAICA GINGER. As an intoxicating liquor within meaning of prohibitory statute. 1917F, 238. *--* JEOPARDY. See CRIMINAL LAW. ^->- JERK. Injury to passenger from. 191CD, 368; 1915E, 964; 1916C, 348, 355; 1917C, 384. JEWELS. Liability of railroad company for loss of diamonds transported as mail. 1915A, 374. JIM CROW CARS. Annotation. Cumulative penalties for failure of car- rier to provide separate accommo- dations for white and colored pas- sengers. 191T/B, 54:8. Segregation of white and colored passengers. 1917B, 544. Requiring sheriff in charge of colored prisoner to ride in car set apart for colored passengers. 1916E, 278. JITNEY BUSSES. Who may maintain bill to enjoin operation of. 1916B, 1143. Class legislation as to. 1915F, 850. Power of municipality to regulate. 1915F, 840. Review by courts of municipal action as to licensing and regulating. 1916D, 246. 244 JITNEY BUSSES JOINT DEPOSIT. Right to regulate use of highway by. 1915F, 840; 1916B, 1151. License for operation of. 1915F, 850; 1916B, 1143; 1916D, 246. Requiring from operators of jitneys con- tract for indemnity against injury to persons and property. 1915F, 840. Requiring bond of operator of jitney bus to be executed by surety company to exclusion of private sureties. 1915F, 850. Liability on bond, to persons injured. 1917D, 613. JOBBERS. Illegal combination of. 1915F, 1076. JOCKEY. Injunction against breach of contract by. 1916E, 682. JOINDER. Joinder of causes of action, see ACTION OB SUIT. Of patties plaintiff, see PABTIES. Of parties defendant, see PARTIES. JOINT ADVENTURE. See JOINT ENTERPRISE. --* JOINT CONTRACT. In general, see JOINT CREDITORS AND DEBT- ORS. When contract by several persons creates a joint obligation. 1917D, 1115. JOINT CREDITORS AND DEBTORS. In .general. Release of one joint debtor. In general. Contribution between, see Ccr^tRiBUTiON AND INDEMNITY. Joint liability for family expenses, see HUS- BAND AND WIFE. Annotation. Reversal of judgment on appeal ft?/ one defendant as affecting other joint defendant in ivjiose favor Jifdgment below ivas rendered. 1917D, 674. W T hen contract by several persons creates a joint obligation. 1917D, 1115. Effect of reversal on appeal by railroad com- pany only, of judgment against com- pany and in favor of crew of train which inflicted injury. 1917D, 666. Effect of dismissal of one party in action against two. 1915A, 491.. Grant of new trial as to one defendant anl refusal as to another. 1915D, 1116. Commission of joint tort without existence of conspiracy or combination in re- straint of trade. 1915B, 1179. Right of plaintiff to recover against one of two joint tort feasors though he fails to prove joint tort. 1915B, 1179. Joint liability for false representations and malicious prosecution for alleged in- fringement of patent. 1915B, 1179. Right to sue separately each obligor in a joint obligation to pay a specified sum of money. 1915B, 221. Joint liability for acts of special policemen employed by residents of certain sec- tion of city. 1915F, 714. Joint liability for injury to servant. 1915C, 20. Liability of joint owner of automobile for negligence of co-owner. 1916E, 1300. Liability of one of two persons using auto- mobile in common enterprise for negli- gence of the other. 1915E, 436; 1915F, 876. Joint liability of gas company and customer for injury by explosion. 1916D, 1138. Release of one joint debtor. Effect of instrument executed to one joint tort feasor by which maker agrees not to prosecute any suit on account of Ms injuries against the former, to dis- charge another tort feasor. 1917A, 128. Effect of attachment of seal to release of one joint tort feasor. 1915E, 800. When parties are jointly liable within mean- ing of rule that release of one joint tort feasor releases all. 1915C, 20. Reservation of rights against others. 1915C, 20; 1915E, 800. JOINT DEFENDANTS. Annotation. Reversal of judgment on appeal or er- ror by one defendant as affecting other joint defendant in ivliose favor judgment below was ren- dered. 1917D, 674. Effect of dismissal of one party in action against two. 1915A, 491. Grant of new trial as to one defendant and refusal as to another. 1915D, 1116. JOINT DEPOSIT. Rights in. 1917C, 548. JOINT DEPOSIT JUDGMENT. 245 Payment upon checks of wife alone, of money deposited by husband to joint account of husband and wife. 1915D, 920. JOINT ENTERPRISE. As question for jury. 1915E, 436. When persons are engaged in, so that the negligence of one will .be imputed to another. 1915E, 436; 1915F, 876; 1917 A, 543; 1917F, 253. Liability of parties to, for negligence in use of automobile. 1915E, 436; 1915F, 876. Trust in secret profits made by one party to joint adventure. 1915B, 160. JOINT OWNERS. Liability of joint owner of automobile for negligence of co-owner. 1916E, 1300. JOINT TENANTS. In general, see COTENANCY. Estate by entirety, see HUSBAND AND WIFE. In proceeds of insurance policy. 1917B, 1210. JOINT TORT FEASORS. See JOINT CREDITORS AND DEBTORS. JOLT. Injury to passenger by. 1915D, 368; 1915E, 964; 1916C, 348, 355; 1917C, 384. JUDGES. In general. Appointment or election and removal. Disqualification; eligibility. Change; special judge. Compensation. Liability. In general. Remarks or conduct of, see APPEAL AND ERROR; TRIAL. Contempt in making charge against, sec CONTEMPT. As to justices of the peace, see JUSTICE OF THE PEACE. Mandamus to, see MANDAMUS. Slander by. 1915E, 1051. Competency of, as witness. 1915F, 766. Disbarment of attorney for misconduct in his capacity of probate judge. 1915A, 663. Right to file information to disbar attorney. 1917B, 1132. Effect of acceptance of office of police judge by mayor, to vacate office of mayor. 1917A, 211. Appointment or election and removal. Special legislation as to election of -judges. 1915A, 1190. Abolition of party nominations for the of- fice of judge. 1915A, 1190. Preferential system of voting. 1916B, 931. Disbarment of attorney for misconduct as probate judge as constituting impeach- ment. 1915A, 663. Disqualification; eligibility. Annotation. Eligibility of suspended or disbarred attorney to judicial office. 1917B, SOS. Error in overruling application requesting iudge to disqualify. 193 5F, 766. Previous connection with case. 1916D, 1090. Interest; biis. 1915E, 858. Eligibility to office of judge of lawyer sus- pended from practice. 1917B, 801. Change; special judge. Special judge. 1915D, 305; 1916E, 830. Annotation. Statute requiring particular locality to bear part of judge's salary as vio- lating constitutional requirement of uniformity in taxation. 1917D, 797. Extra or additional compensation to. 1915E, 858. Liability. Immunity of Judges of courts of inferior and limited jurisdiction from liability for judicial acts. 1917B, 360. For false imprisonment. 1916C, 1295; 1917B, 360. JUDGMENT. In general. Jurisdiction; necessity of service or appearance. Form and substance. in general. conformity to pleadings and proof. non obstc.nte veredicto. Entry; record. Modification. 240 JUDGMENT. Validity; effect and conclusivencss generally. Decrees interlocutory, by default, or direction, or on demurrer; dis- missal. Collateral attack. in general. grounds. What matters concluded. in general. matters as to real property. divorce. probate matters. on contracts. As to parties. in general. persons not parties or notified. effect of notice of action. principal and surety. The lien. in general. on what property. Foreign judgments. ir general. of sister state. Discharge; assignment. Enforcement. Revival. Belief against; rehearing. in general. grounds. procedure. time. rehearing. In general. Finality of, for purpose of appeal, see AP- PEAL AND ERROR. First objecting to, on appeal, see APPEAL AXD EBROB. On appeal, see APPEAL AND ERROR. In contempt proceedings, see CONTEMPT. Sentence in criminal cases, see CRIMINAL LAW. In ejectment, see EJECTMENT. Interest on, see INTEREST. On foreclosure, see MORTGAGE. In replevin, see REPLEVIN. Decree in suit for specific performance, see SPECIFIC PERFORMANCE. Annotation. Garnishment of judgment in another court of the state in which it u-as rendered. 1917D, 1139. Motion in arrest of judgment. 1915B, 83; 1916B, 1117; 1916C, 1134; 1916D, 767. Effect of supersedeas bond to suspend. 1915E, 401. Judgment as a contract within provision against impairing obligation of. 1915B, 797. Garnishment in district court of judgment of supreme court. 1917D, 1J37. By default. 1915B, 1149; 1916F, 583; 1917B, 1296. Jurisdiction; necessity of service or appearance. To support judgment of sister state, see infra. Sufficiency of service, see WRIT A:TD PROC- ESS. Effect of decree against defendants not served and who do not appear. 1915B, 168. Invalidity of judgment rei\ lered without jurisdiction. 1917F, 562. Collateral attack on judgment for lack of jurisdiction. 1915C, 581; 1916D, 4, 7; 1916E, 312. Jurisdiction to render judgment in rem. 1917F, 562. Personal decree against, on service by pub- lication. 1915B, 881; 1917C, 1140. Form and substance. in general. In replevin, see REPLEVIN. Right to award lump sum to injured em- ployee under Workmen's Compensation Act. 1916D, 970; 1916F, 957. Personal judgment in enforcing mechanic's lien. 1915F, 1132. Personal judgment on service by publica- tion. 1915B, 881; 1917C, 1140. In action to quiet title to land forfeited for breach of building restrictions. 1917C, 879. In eminent domain proceeding. 1917E, 559. Amount of judgment on bond for penalty. 1915E, 385. conformity to pleadings and proof. Judgment on pleadings, see PLEADING. Relief under pleading, see PLEADING. Personal judgment in favor of one defendant in a foreclosure suit against a eodefend- ant who did not appear. 1917D, 1029. Judgment on issue not fairly raised by pleadings. 1915E, 271. Judgment entirely outside of the issues and upon a matter not submitted to the court. 1917D, 1029. Right of judge to pass on sufficiency of title to land in other state by independent examination of abstract without plead- ing or proof as to law of such state. 1915E, 271. non obstante veredicto. Waiver of right to new trial by motion for judgment notwithstanding verdict. 191 5D, 1077. Reversal of judgment of dismissal improp- erly rendered on motion for judgment non obstante veredicto. 1917A, 1194. Basing right to, on lack of evidence. 1917A, 1194. Right to render judgment of dismissal on motion for judgment non obstante vere- dicto to correct prior error in refusing to direct a verdict for lack of evidence. 3917A, 1194. Right to enter judgment non obstante vere- dicto after entering judgment upon ver- dict of jury. 1916E, 825 JUDGMENT 247 Right to grant motion for judgment non obstante veredicto after erroneously de- nying motion for peremptory instruc- tion. 1916D, 514. Judgment for defendant non obstante vere- dicto because of variance as to date when cause of action accrued. 1917F, 935. Entry; record. Parol evidence to show alteration of judg- ment record. 1916D, 820. Failure of judge to sign judgment after entry in proper book. 1915C, 581. Entry of judgment nunc pro tune. 1917F, 1. Modification. Rendition of modified judgment on appeal, see APPEAL AND ERROR. Change in alimony, see DIVORCE AND SEPA- RATION. Annotation. Power to amend decree of divorce by adding provision for alimony or support of children. 1917D, 325. Finality for purpose of appeal of judgment in suit for modification of prior decree. 1915A, 699. Extent of review on appeal from judgment refusing to modify prior decree. 1915A, 699. To relieve decree directing receiver to sell property from provisions which ob- struct sale. 1915A, 699. Change of divorce decree as to custody of children. 1916B, 977; 1917B, 287. Modification of divorce decree to provide for support of children. 1916B, 977; 1917D, 319. Time for. 1915A, 699. Validity; effect and coiiclusiveness generally. Pendency of one suit as abatement of an- other, see ABATEMENT AND REVIVAL. Judgment for part of claim as bar to furth- er suit, see ACTION OR SUIT. On appeal, see APPEAL AXD ERROR. Effect of decisions in other cases, see COURTS. Former conviction or acquittal as bar to criminal prosecution, see CRIMINAL LAW. Effect of pursuing other remedy as a bar, see ELECTION "OF REMEDIES. Of judgment in garnishment, see GARNISH- MENT. \ T alidity of judgment where plaintiff's cause of action is defectively pleaded. 1917B, 1296. Plea of res judicata as part of record on appeal. 1916D, 220. Prejudicial error in refusing to permit filing of plea of res judicata. 1916D, 220. Estoppel by judgment. 1917A, 1188. Effect of sale under erroneous or void de- cree. 1917C, 1196. Effect of decree procured in suit against per- sons who on the face of the bill have no interest in the controversy. 19 17 A, 671. Effect of judgment forbidding foreign corpo- ration from doing business in a state to prevent it from doing an interstate business therein. 1915A, 892. Decree denying subsequent execution of cove- nants. 1916F, 1294. Collusiveness of act of administrator in allowing or rejecting claim. 1915C, 754. Decrees interlocutory, by default, or direction, or on demurrer; dismis- sal. Voluntary nonsuit as res judicata. 1915D, 850. Ruling on demurrer. 1917A, 128. Dismissal. 1917B, 588. Collateral attack. in general. General rule as to. 1916E, 312. When attack is collateral. 1917C, 171. In divorce suit. 1916F, 528. On probate decree on executor's account. 1915C, 518. On decree of distribution of decedent's es- tate. 1915A, 1179. grounds. Annotation. AttacTcs on decrees of divorce for other causes than lack of jurisdiction. 1917B, 409. On settlement by attorneys with sanction of court of suit for death of employee; on ground that amount paid was for insurance or wages payable from relief fund. 1917A, 270. Irregularities in general. 1915B, 1149; 1915C, 158; 1916E, 298. Defects in pleading. 1916E, 298, 303, 312 Lack of jurisdiction. 1915B, 1149; 1915C, 581; 1916D, 4, 7; 1916E, 312; 1917B, 395; 1917C, 171. Fraud. 1916B, 977; 1916D, 1, 4. What matters concluded. in general. Conclusiveness as to matters which ought to have been, but were not, presented for adjudication. 1917C, 883. Conciusiveness of judgment as to all mat- ters litigated in action for partnership accounting. 1917F, 1006. Dissolution of provisional injunction before final disposition of the cause as an ad- judication upon the merits. 1915F, 984. Effect of judgment that oyster ground is barren under provisions of one act as bar to proceeding to ascertain whether the bed is not desirable for public use under provisions as later act. 19] 5E, 443. 248 JUDGMENT. Conclusiveness of judgment that state court has no jurisdiction of replevin action to take property from receiver in bank- ruptcy. 1916A, 634. Decree of bankruptcy upon petition alleging two grounds, one of which would pre- vent discharge, as res judicata against right to discharge upon subsequent peti- tion. 1915C, 89. Effect of judgment denying right of con- tractor to recover for street pavement on his right to remove his material from the street. 1915B, 173. Collusiveness of judgment for defendants in action to recover treble damages for illegal combination in subsequent com- mon law action for interference with business by threats, etc. 1915B, 1179. matters as to real property. Annotation. Conclusiveness of judgment in con- demnation proceedings as a settle- ment of rival claims to the award. 19 17 A, 690. Eminent domain. 1917A, 685. What matters barred by foreclosure decree. 1915D, 349. Effect of judgment for defendant in action to enjoin making of deed under fore- closure sale because of want of notice of sale, to preclude plaintiff from set- ting up that fact in defense of action to recover land from him. 1915B, 640. Conclusiveness as to woman who institutes suit against her husband and the mort- gagee for purpose of having instrument in form of deed given by her to secure the husband's debt declared a mortgage, and for accounting to ascertain the amount of indebtedness, of decree in such suit adjudicating character of the instrument and the amount of the hus- band's debt. 1917F, 337. Effect of judgment denying lien upon land for money advanced to retire purchase money notes as bar to right to subroga- tion to lien of the vendor. 1915E, 875. divorce. Conclusiveness in habeas corpus proceeding of decree in divorce suit as to custody of child. 1916B, 977. Effect of divorce decree to bar action for alienation of affections. 1915C, 870. probate matters. Decree that debt due testator by child of life tenant and directed by will to be paid out of latter's share he paid out of rents and profits accruing to life ten- ant, who dies before accumulating funds to satisfy the decree, as conclusive that his children, made remaindermen by will, are not liable for the amount un- der other provisions of the will. 1917D, 563. Conclusiveness of decree of probate court as to right of pretermitted child to in- herit. 1916D, 421. on contracts. Judgment in favor of injured employee- based on negligence, as bar to action on. employer's agreement to pay employee- during disability. 1917B, 1158. As to parties. in general. Annotation. Effect of verdict for servant in an ac- tion against master and servant .for- servant's negligence or misfeas- ance. 1917E, 1O29. As between defendants. 1915A, 982; 1917A, 443. Right to enter judgment against master for wrongful act of servant where verdict has been returned in favor of the MT\- ant. 191 7E, 1023. Effect on liability of city for injury of ver- dict in favor of an individual defendant. 1915F, 797. persons not parties or notified. Conclusiveness as to heir not a party of judgment determining domicil of intes- tate. 1917C, 171. Conclusiveness of order in condemnation proceedings as to right to award, on executor of claimant who made no ap- pearance and had no notice of proceed- ing. 1917A, 685. In proceeding to register land title. 1916D, 4, 7. effect of notice of action. Conclusiveness on manufacturer given no- tice of action of judgment against re- tailer for injuries due to article sold. 1915C, 336. principal and surety. Conclusiveness as to surety of judgment against principal for damages in injunc- tion suit. 1915A, 853. Conclusiveness of judgment in action against administrator of contractor in subse- quent action against contractor's sure- ty. 1916A, 881. The lien. in general. Effect on, of discharge in bankruptcy. 1916D, 113. When lien begins. 1916B, 648. Priority. 1916A, 779; 191 6B, 648; 1916D, 661. on what property. Modifying judgment for alimony so as to make it a specific lien on after-acquired real estate. 1917C, 1140. What is a vested interest subject to lien of judgment. 1915B, 340. Interest of vendee in possession under exec- utory contract to purchase. 1915B,. 340. Tenancy by entireties. 1916D, 113. JUDGMENT. 249- Foreign judgments. in general. Conclusiveness of foreign judgment by court having jurisdiction of the sub- ject-matter and of the parties. 1917E, 490. Inquiry into merits of foreign judgment. 1917E, 490. Denial of full faith and credit by exclusion of foreign judgment from evidence. 1916A, 765. Annulment of marriage. 1917E, 490. of sister state. Annotations. Extraterritorial effect of judgment fix- ing domicil. 1917C, 1S5, Extraterritorial effect of decree of di- vorce rendered on constructive service. 1917B, 1O32. Enforceability in other state of judgment which is not absolute and final. 1916B, 1024. Allowance by courts of testator's domicil of inheritance tax after decree of other state discharging administrator. 1915D, 450. Jurisdictional matters. 1915A, 1186; 1917B, 1028; 1917C, 171; 1917F, 267, 562. Probate matters. 1917C, 171. Right of heirs of one dying seised of prop- erty in several states, who secured judg- ment by constructive service settling rights to property located at their dom- icil, to make such judgment basis of proceedings in other states to settle rights to property there located. 1917C, 171. Effect of judgment in other state to pro- tect garnishee. 1915E, 1017. Judgment sustaining right of benefit society to increase its rates. 1916A, 765, 77i. Decree declaring contract void. 1915F, 984. Mother's right to sue for negligent killing of son. 1915F, 736. In divorce suit. 1915B, 154, 674; 1915E, 421; 1916B, 1024; 1917B, 1028. Conclusiveness in state where property is situated, of decree in divorce suit in one state determining title to real property in another. 1917F, 562. Effect of invalidity of foreign decree of di- vorce on liability for bigamy. 1915E, 87. Discharge; assignment. Consideration for assignment. 1917F, 1006. Effect of assignment on right to set off judg- ments. 1917F, 1006. Effect on garnishee's rights of assignment to him of a judgment against the debtor rendered in another action. 1917F, 1006. What constitutes satisfaction of judgment within meaning of employer's liability insurance policy. 1916D, 395. Effect of voluntary payment and satisfac- tion of judgment after appeal there- from. 1917A, 1157. Right of executrix paying judgment to cred- it therefor. 1917B, 1043. Enforcement. Execution on, see EXECUTION. Sale of property, see JUDICIAL SALE. Limitation of action for, see LIMITATION OP ACTIONS. Annotation*. Remedy of judgment creditor of com- munity after death of one of the spouses. 1917C, 5O2. Right to sue upon domestic judgment upon which execution may be is- sued. 1917A, 189. Pleading in action to enforce. 1916A, 1181. Presumption as to validity of judgment in suit to enforce it. 1916A, 1181. Admissibility of evidence in proceeding to subject property to payment of judg- ment. 191GB, 1272. Prematurity of suit to subject land to pay- ment of judgment. 1916B, 1272. Right to maintain action on judgment not- withstanding execution may be issued thereon. 1917A, 187. Revival. Necessity of reviver of judgment against corporation in order to maintain suit to collect amount thereof from stock- holder. 1915B, 797. Time for revival of judgment in name of personal representative. 1916E, 735. Relief against; rehearing. in general. Review of discretion as to, see APPEAL AND EBROB. Setting aside judicial sale, see JUDICIAL SALE. As to new trial, see NEW TRIAL. Arrest of judgment. 1916B, 1117; 1916C, 1134; 1916D, 767. Presumption on appeal from order refusing to open. 1917C, 1190. Overruling of motion to vacate judgment of the district court by a judge of that court in a county other than that of the court over which he presides. 1917E, 359. Vacation of judgment forfeiting recog- nizance. 1916E, 595. grounds. Annotations. Attack on divorce decree for other causes than lack of jurisdiction. 1917B, 409. Reliance upon clerk or judge for infor- mation as to time of trial or hear- ing as ground of relief from judg- ment. 1917C, 1193. 250 JUDGMENT-JUDICIAL SALE. Judgment outside of issues and upon mat- ter not submitted for determination. 3917D, 1029. Insufficiency of, or defects in complaint. 1916E, 303. Wrongful joinder of parties. 1916B, 883. Judgment by default. 1916F, 724, 837; 1917C, 1190; 1917D, 880; 1917E, 1152. Surprise. 1916E, 100, 303; 1916F, 337. Fraud or perjury. 1915F, 820; 1916B, 883; 1917B, 405; 1917D, 880. procedure. Remedy of one against whom judgment has been wrongfully entered by justice of the peace. 1915D, 427. time. Effect of delay in case of lack of knowledge of entry of judgment. 1916F, 837. After time for appeal has elapsed. 1916E, 303. rehearing. When divorce becomes final so as to be be- yond reach of a motion for rehearing. 1917F, 974. JUDGMENT IN REM. Jurisdiction to render. 1917F, 562. JUDICIAL EXAMINATION. Of statute, see STATUTES. JUDICIAL POWER. Delegation of, see CONSTITUTIONAL LAW. Encroachment on, see CONSTITUTIONAL LAW. JUDICIAL SJLE. The sale generally. What may be sold. Effect; validity; deed. Purchasers and their rights and du- ties. Confirmation; setting aside. Redemption. The sale generally. Sale of decedent's lands, for debts, see EXEC- UTORS AND ADMINISTRATORS. On foreclosure of mortgage, see MORTGAGE. By receiver, see RECEIVERS. For taxes, see TAXES. Validity of title to goods seized and sold by military forces in foreign court. 1917A, 276. Injunction against. 1915F, 1120. Injunction against suit for possession of property sold. 1916E, 1140. Appraisal of property. 1916E, 1140. Sufficiency of notice. 1916E, 1140. What may be sold. What may be levied on, see LEVY AND SEIZURE. Undivided' interest of partner. 1915F, 1279. Estoppel to attack sale of exempt property. 1917F, 732. Effect; validity; deed. Annotations. Measure of restitution where property is sold under a judgment or order subsequently reversed without in- tervening supersedeas or stay. 1917C, 1179. Effect of attachment and sale of stranger's property. 1917B, 4OO. Officer's return upon judicial sale a.s a Memorandum satisfying the stat- ute of frauds. 1917E, 899. Sale under void process. 1917B, 395. Sale under erroneous or void decree. 1917C, 1176. Validity of sale under Statute of Frauds. 1917E, 897. Injunction against delivery of deed. 1916E, 303. Purchasers and their rights and du- ties. Annotations. Right of purchaser at judicial sale of land subject to a mortgage to ques- tion the validity of the mortgage. 1917C, S3S. Right of plaintiff in a suit in which a decree of sale was rendered to as- sert, as against a purchaser there- under, a title or interest not liti- gated in the suit. 1917C, SS8. Execution creditor purchasing at his own sale as bona fide purchaser within meaning of recording acts. 1916A, 588. Interference with rights of innocent pur- chaser by bill to review decree. 1917A, 671. Estoppel to assert claim to property as against purchaser. 1917C, 838; 1917F, 732. Validity of sale of crop by occupant of land as against purchaser of land at execu- tion sale. 1917C, 4. Right of mortgagee bidding in equity of redemption at execution sale under judgment in favor of stranger, to credit the amount of his bid on debt secured by his mortgage. 1917E, 807. Right of purchaser of interest of partner at judicial sale to recover amount of his bid when he discovers that assets of the firm are insufficient to pay partnership debts. 1916F, 1279. JUDICIAL SALE JURY. 251 Application of doctrine caveat emptor. 1915E, 834. Effect of unknown existence of public right of way over the property. 1915E, 834. Confirmation; setting aside. Condition to setting aside tax deed. 1915C, 492. Inadequacy of price. 1916E, 1140. Redemptior. From foreclosure sale, see MORTGAGE. JUNK. Annotation. Constitutionality of statute malting the receiving of certain kinds of prop- a criminal offense. 1917F, JUNKET. Annotation. Expenses incurred by public officials or employees in attending conventions, etc., as a proper charge on public funds. 1917E, 332. Use of public money to pay expenses of junket by public officers. 1917E, 331. JURISDICTION. Of admiralty, see ADMIRALTY. '.'. - Of appellate court, see APPEAL AND ERROR. Of courts generally, see COURTS. Of consul, see DIPLOMATIC AND CONSULAR OFFICERS. In divorce suit, see DIVORCE AND SEPARA- TION. Of equity, see EQUITY. Retention of, in equity case, see EQUITY. To enter judgment, see JUI^GMENT. To appoint receiver, see RECEIVERS. Sufficiency of service of process to confer, see WRIT AND PROCESS. Effect of action dismissed for lack of juris- diction to toll Statute of Limitations. 3917C. 203. Waiver of objection to, by appearance. 1917D, 666. Inquiry into question of, on habeas corpus. 1915E, 235. Collateral attack on judgment for lack of. 1915B, 1149; ]015C, 581; 191GD, 4, 7; 1916E, 312; 1917B, 395; 1917C, 171. Prohibition to restrain proceedings because of lack of. 1916E, 1079. To appoint administrator. 1915D, 856; 1916B, 794. JURI3DICTIONAL AMOUNT. In general. 1917B, 924. On appeal. 1917B, 723. JURY. In general. Right to trial by. in general. when right exists. loss or waiver of right. denial or infringement of right. Impaneling; selection; competency. in general. I qualifications; competency. examination. In general. Prejudicial error in matters as to, see AP- PEAL AND ERROR. Review of discretion as to, see APPEAL AND ERROR. As to grand jury, see GRAND JURY. New trial for matters pertaining to, see NEW TRIAL. Questions for, see TRIAL. Instructions to, see TRIAL. Verdict or findings of, see TRIAL. Annotation. Former jeopardy by discharge of jury because of matter affecting wit- ness. 1917D, 114:8. Discharge of, as bar to further prosecution. 1916E, 1264; 1917D, 1141; 1917E, 1085. Bribing of juror as contempt. 1917C, 845. Assault on juror as contempt. 1916D, 1190. Slander by charge against juror. 1915D, 578. Affidavit bv juror to support verdict. 1915D, 569. ^ Charging jury in criminal case on Sunday. 1915D, 361. Prejudicial error in conduct of, or interfer- ence with. 1915C, 315; 1915F, 3; 1917F, 210. Prejudicial error in permitting jury to sepa- rate. 1916B, 963. View by. 191SF, 558. Right to submit to, question of punishment for contempt. 1915D, 569. Right to trial by. in general. Trial by jury as one of the rights secured by the 14th Amendment to the Federal Constitution. 1917D, 1. Right to jury in contempt proceeding. 1917E, 551. when right exists. Right to jury to try case in which defend- ant is iii default. 191 7C, 1190. In bastardy proceeding, to ascertain ex- penses incident to birth of child. 1917B, 1143. 252 JURY JUSTIFIABLE HOMICIDE. Right to jury trial of party ordered to in- terplead and whose right to a fund paid into court depends upon the power of the court to relieve him from the legal consequences of an accepted bid. 1917D, 741. Right to jury trial on question of validity of insurance policy in action by mort- gagee under mortgage clause. 1916A, 784. In proceeding to enjoin violation in munic- ipal ordinance. 1915D, 209. In proceeding to oust public officer. 1916D, 1090. In disbarment proceedings. 1915D, 1218. loss or waiver of right. By acceptance of provisions of optional Workmen's Compensation Law. 1916D, 412; 1917D, 15. denial or infringement of right. Annotations. Constitutionality of verdict 1>y less than all the jurors. 1917 A, 91. By Workmen's Compensation Acts. 1917D, 56. Effect of failure to swear jury. 1917D, 399. Right of appellate court in reversing judg- ment for one party entered upon ver- dict which should have been directed for the other party, to direct that the judgment shall be entered for the per- son for whom the trial court should have directed the verdict. 1917F, 167. Denial of right to trial by jury by Work- men's Compensation Act. 1917D, 10, 15. Failure to swear jury as denial to right of jury trial. 1917D, 391. Number of jurors. 1917A, 86. By imposition of indeterminate sentence by court. 1915F, 531. Refusal of demand for full jury panel from which to select jury. 1916A, 812. By limiting new trial to question of dam- ages only. 1915E, 239. By statute permitting less than unanimous verdict. 1917F, 367. By change of venue. 1915F, 922. Power of .governor to establish martial law which will authorize conviction of civilian for crime without jury trial. 1915B, 988. Impaneling; selection; competency. in general. Of grand jury, see GRAND JUBT. Annotation. Effect of failure to swear 1917D, 399. Preiudicial error i*i. 1916D, 5CfO. Sufficiency of record on appeal 10 show im- paneling of valid jury. 1917A, 1226. Failure to swear jury. 1917D, 391. Overruling challenge for cause. 1916D,. 590. Sufficiency of oath. 1917D, 391. qualifications; competency. Of grand jury, see GRAND JUBY. Withdrawal of case from jury because of partiality of a juror. 1916E, 1264. Waiver of disqualification. 1916D, 820. Permitting juror to testify in support of his own competency. 1916E, 1264. Barring citizens from jury duty because of popular demand. 1915A, 563. Bias. 1915D, 569; 1916E, 1264. examination. Permitting juror to testify in support of his own competency. 191 6E, 1264. Inquiring whether juror is a stockholder or agent, or interested in such an insur- ance company in action in which de- fendant is indemnified by employers'" casualty company. 1915A, 153. JUSTICE. Obstruction of, see OBSTRUCTING JUSTICE. JUSTICE OF THE PEACE. In general. Liabilities. Jurisdiction; procedure. Review; appeal. In general. Mandamus to, see MANDAMUS. Liability of carrier for arrest of passenger by. 1916C, 439. Vacation of judgment entered by. 1915D, 427. Liabilities. Annotation. Liability for false imprisonment of magistrate failing to have prisoner brought before him. 1917F, 429. Liability for false imprisonment. 1916C, 3295. Jurisdiction; procedure. Jurisdiction to issue warrant of arrest up- on complaint on information and belief. 1915B, 505. Review; Waiver of errors below. 1916B, 686. 4 JUSTIFIABLE HOMICIDE. See HOMICIDE. JUSTIFICATION LABOR ORGANIZATIONS. 253 JUSTIFICATION. !For assault, see ASSAULT AND BATTEBY. Admissibility of evidence as to, see EVI- DENCE. For arrest, see FALSE IMPRISONMENT. For homicide, see HOMICIDE. Of libel, see LIBEL AND SLANDER. ^Annotation. Adultery of wife with consent or con- nivance of husband as justifica- tion of abandonment or nonsupport by latter. 1917D, 64O. Presumption and burden of proof as to. 1916C, 358. JUVENILE OFFENDERS. tRight of legislature to require municipality to turn over a portion of its taxes to county to assist in support of juvenile court. 1917D, 791. KEROSENE. Annotation. Keeping of, on 1917C, 278. insured premises. KEY. Sufficiency of delivery of gift by delivery of key to room in which gift is stored. 1917D, 357. KIDNAPPING. 'See ABDUCTION AND KIDNAPPING. KNOWLEDGE. See NOTICE. See BRANDING. LABELS. LABOR AND MATERIAL. What are labor and material within mean- ing of contractor's bond, see BONDS. LABOR CONTRACTS. Validity of statute declaring that right t6 enter into labor contracts shall no longer be a property right. 1915F, 831. Statute forbidding injunction in case of threatened violation of labor contracts. 1916F, 831. LABORERS. In general, see MASTER AND SERVANT. Lien of, see LIENS; MECHANICS' LIENS. LABOR ORGANIZATIONS. Boycott by, see BOYCOTT; CONSPIBACY. Conspiracy by, see CONSPIRACY. Annotations. Liability of labor union for procuring one's discharge or preventing em- ployment. 1917C, 1O56. Right of labor union to notify person not to deal with certain individuals. 1917E, 391. Controversy over open or closed shop as justification for means employed to aid strike. 1917F, 76O. Liability of master for intentional Kill- ing or injury of a servant by strikers. 1917F, 753. Libel of international officer of labor union. 1917E, 510. Statute forbidding master to stipulate that employee shall not become or remain member of labor organization. 1915C, 960. Making freedom from affiliations with labor unions a condition of employment of teachers. 1917E, 1069. Refusal of injunction against blacklisting to employee who has participated in unlawful acts of labor organization. 1916C, 218. Validity of exclusion of, from operation of Federal Income Tax. 1917D, 414. Review by courts of expulsion of member. 1917C, 1053. Validity of contract between employers and labor union. 1915A, 1217. Power of officers to contract to furnish union labor to be individually per- formed by members of the union. 1917F, 755. Effect on individual members of union of agreement between employer and labor union that only union labor shall be employed. 1917C, 1053. Extent of liability of members of Tinion who refuse to work for an employer until he signs a union agreement. 1917F, 755. Libel in charging that corporation was on the unfair list and had its advertising printed in scab shops. 1916E, 667. 254 LABOR ORGANIZATIONS LANDLORD AND TENANT. Relief under pleadings in i-ijunction suit against. 1917F, 755. Incorporated labor union as party to action to enjoin illegal acts by members. 1917F, 824. Statute forbidding injunction in case of threatened violation of labor contracts. 1916F, 831. Injunction against withdrawal of funds from bank by. 1915E, 1006. Injunction against picketing. 1917F, 824. Strike as conspiracy. 1916C, 218, 986. Injunction against strike and blacklisting. 1917F, 755. Liability for injury to business caused oy threatened strike. 1916C, 986. Liability for failure to notify contractor of change in wage scale. 1915D, 1006. LABOR UNIONS. See LABOB ORGANIZATIONS. LACHES. Estoppel by, see ESTOPPEL. In seeking relief from judgment, see JUDG- MENT. To bar action, see LIMITATION OF ACTIONS. LAKES. Title to waters of. 1917A, 1007. Title to land under. 1916C, 139; 1917A, 1007. Division of water front or bed between riparian owners. 1917B, 783. Navigability of. 1916C, 139. LAND CONTRACT. See VENDOR AND PURCHASER. LAND DEPARTMENT. Disposal by, of public land, see PUBLIC LANDS* Relation of courts to. 1916A, 1116. LANDLORD AND TENANT. In general. Creation and existence of relation. Lease- in general. covenants. terms; holding over; renewal. termination of lease; forfeiture. assignment; subletting. Rights and liabilities of parties gen- erally. As to fixtures and property on prem- ises. Liability of landlord or his agent for defective or dangerous prem- ises. to third persons generally. to tenant and his family. to guests or boarders of tenant. to servants of tenant. At to rent. in general. landlord's lien. re-entry; recovery of possession. In general. Sufficiency of occupancy of homestead by tenant. 1916A, 997*. Parol evidence in action on covenant against encumbrances that grantee agreed to take property subject to lease. 1916E, 213. Agreement of one giving option to purchase his real estate to comply with terms of a lease of the property. 1915A, 271. Creation and existence of relation. Definition of relation of landlord and ten- ant. 1917E, 298. When relation exists. 1915C, 601* 1917E, 298. Attornment. 191 5C, 190. Leases. in general. Lease of coal mine, see MINES. Oil and gas lease, see MIXES. Lease of railroad, see RAILROADS. Of mine generally. 1915B, 561. Validity of lease under Statute of Frauds. 1915A, 288. Part performance to take lease out of Stat- ute of Frauds. 1917B, 141. Estoppel of lessor to deny validity of lease. 1915A, 288; 1915D, 467. Ratification of void lease or one made by agent. 1915A, 288. Cancelation of lease given by infant. 1915E, 465. Novation of contract of lease. 1917C, 901. Specific performance of provisions of lease. 1917C, 809. Evidence of subsequent oral agreement in action for breach. 1917B, 141. Measure of damages for fraud in inducing taking of lease. 1917B, 760. Estate conveyed by lease-. 1017E, 298. Construction of lease of property for saloon business. 1917C, 931; 1917E, 777. Validity of lease for saloon. 101 7 K. 777 Validity of provision in lease of town lands that lessor will pay the taxes. 1915C, 698. Effect of acceptance of lease by mortgagor from mortnasee to cut off right of re- demption. 1915B, 492. Consideration for option to purchase insert- ed in lease. 1915C, 367. LANDLORD AND TENANT. 255 Notice of tenant's intention to exercise op- tion to purchase given by lease. 1916F, 352. Specific performance of 6ption to purchase contained in lease. 1915C, 367. covenants. Binding effect of covenant on assignee of lessor. 1917A, 121. Implied covenant as to condition of prem- ises. 1917D, 1149. As to repairs. 191 6F, 1063, 1101, 1137, 1149, 1155; 1917C, 387. Covenant requiring written consent of lessor to assignment. 1915E, 846. Breach of covenant not to rent another store room in the building for a rival busi- ness. 1915C, 854. Effect of landlord's breach of covenant on liability for rent. 1915C, 649; 1916F, 1063. Breach of covenant by lessor as ground for .rescission of contract by lessee. 1915C, 854. Estoppel to set up lessor's breach of cove- nant. 1916F, 1063. Waiver of covenant. 1915E, 846. terms; holding over; renewal. Effect of holding over to create tenancy from year to year. 1915C, 245; 1917D, 512. Holding over as creating tenancy from month to month. 1915A, 235. Holding over by tenant after notice of in- tention to quit. 1915A, 235. Optiiri to renew as a covenant running with the land. 1916E, 1227. Necessity of notice of intention to renew lease. 1916E, 1227. Compelling landlord to execute new lease for additional period on tenant's exer- cise of option to renew. 191 6E, 1235. termination of lease; forfeiture. Annotation. Effect upon lease of property for sa- loon purposes of passage of pro- hibitory laws during term. 1917C, 935. Provision that lease shall terminate upon sale of property by lessor provided lessor shall pay for improvements. 1915C, 234. Right of tenant to retain possession and sue for abatement of rent on theory of partial eviction. 1917F, 713. Eviction by failure to furnish heat and elec- tric lights. 1916E, 739. Eviction by failure to comply with covenant to keep basement water proof. 1915C, 649. Efi'cct of prohibition law on lease of prop- erty for saloon business. 1917C, 929, 931. Adoption of ordinance making bar business illegal as eviction ,of tenant leasing land from city for bathing resort with privilege of subletting portion for bar purposes. 1917F, 713. Raising of rent by landlord beyond the means of the tenant as an eviction un- der terms of special agreement. 1917F, 1086. Necessity of notice of intention to quit to release tenant under lease from month to month. 1915A, 235. Breach of covenant by lessor as justifying tenant in surrendering possession. 1915C, 854. Waiver of forfeiture of lease. 1915B, 998. assignment; subletting. Covenant requiring written consent of lessor to assignment. 1915E, 846. Effect of assignment to terminate lease. 1916F, 1149. Appointment of receiver for lessee as breach of covenant against assignment of lease. 1915B, 998. Effect of war which makes lessee an alien enemy to suspend his remedies against assignee of lease. 1917C, 644. Effect of assignment of lease on liability for dangerous condition of premises. 1916F, 1149. Waiver of covenant against assignment. 1915E, 846. Liability for rent after assignment. 1915E, 846; 1917C, 644, 901; 1917D, 845. Rights and liabilities of parties gen- erally. Annotations. Measure of damages to leasehold from change of grade. 1917C, 428. Utilization of party wall by lessee as affecting lessor's duty to contribute to cost thereof. 1917B, 96O. Power of lessee to subject owner's in- terest to mechanics' lien. 1917V, 577. Right of tenant to maintain replevin for crops. 1917C, 1114. Duty of tenant to repair premises used in common. 1917C, 389. Effect of making repairs to impose on landlord implied duty to keep the leased premises in repair. 1917F, 998. Right of tenant icho has abandoned or vacated premises to increased rent on re-leasing by landlord. 19171), 612. Liability for leased railroads. lb!7D, 344. Right of landlord to control tenant. 1917E, 238. Prejudicial error in suit to prevent lessor from interfering with lease. 1915A, 288. Estoppel of les?or. 1915A, 288. Estoppel of tenant. 1915E, 822; 1916E, 696; 1916F, 1063. Effect of abandonment of premises. 1916F, 1063; 1917D, 609. Application to dwelling in possession of tenant of c^mption of dwelling house from condemnation. 1916A, 1079. Measure of recovery by tenant in eminent domain proceedings. 1916C, 1090. 256 LANDLORD AND TENANT. Measure of damages for injury to lease- hold. 1917C, 420. As to repairs. 1917C, 387; 1917D, 1149; 1917F, 997. Landlord's duty to contribute to cost of party wall. 1917B, 949. Right of tenant to use walls of huilding for signs. 1915B, 1057. Lessee as agent for landlord for creation of mechanics' liens. 1917D, 575. Liability of vendor to vendee for improve- ments removed by tenant. 1917A, 415. Agreement for appraisal of premises to en- able lessee to exercise option to pur- chase. 1917C, 809. Specific performance of option to purchase contained in lease. 1915C, 367. Tender of amount due on exorcise by lessee of option to purchase. 1915F, 352. Effect of insertion in lease of option to pur- chase, to work a conversion of the realty into personalty in case lessor dies before exercise of option. 1917D, 713. "When lessor's interest is converted to per- sonalty under lease giving option to purchase on notice. 1916F, 352. 'Counterclaim for wrongful eviction in ac- tion by landlord for waste. 1916C, 491. Ac to crops. 1917C, 1111; 1917E, 298. As to taxes. 1915A, 334; 1916F, 204. {Right of tenant to damages for injury to leasehold by change of grade of high- way. 1917C, 420. Right to recover in separate action damages for loss of rent caused by permanent in- jury to the freehold. 1916E, 966. Eight of tenant leasing property after con- struction of culvert to recover for in- jury inflicted upon him by subsequent overflow of water. 1916E, 962. Liability of landlord to electric light com- pany for requiring tenants to discon- tinue such company's service. 1916B, 813. Refusing water to tenant because of unpaid dues of landlord or other tenant. li/15A, 242; 1916E, 417. As to fixtures and property on prem- ises. As to what arc fixtures as between landlord and tenant, see FIXTUBES. Estoppel of tenant as to. 1915E, 822. False representations by vendor of property in possession of tenant as to fixtures. 1915F, 634. Authority of real estate agent to bind prin- cipal by representations as to fixtures placed on property by tenant. 1915F, 634. Right of tenant to remove fixtures as against purchaser of property. 1915E, 822. Tenant's right to compensation for improve- ments. 1916E, 1235. Stipulation that landlord may sell prop- erty and terminate lease upon paying for improvements by tenant. 1915C, 234. Trespass de bonis asportatis or trover for the wrongful removal of improvements by tenant. 1915A, 654. Rigat of lessee of amusement park as to trade fixtures placed therein. 1915A, 654. Liability for act of agent in removing build- ings from leasehold or injuring them. 1915A, 654. Liability of landlord or his agent for defective or dangerous premises. to third persons generally. Annotation. Liability of agent of leased premises for injuries due to defects there- in. 1917C, S3. Review on appeal of verdict in action for injury. 1316F, 1110. Evidence in action for injury. 1916F, 1110. Sufficiency of evidence to go to jury. I916F, 1110. Effect of transfer of reversion. 1915C, 190. For injury by condition of stairway con- trolled by landlord. 1915B, 387; 1916F, 1130, 1135. For nuisances. 1915B, 364; 1915F, 700. Defective elevator. 1915B, 364. Liability for injury to newsboy visiting tenant. 1916F, H10. Injury to patron at place of amusement. 1915F, 700. To licensee of tenant. 1916F, 1130, 1135. to tenant and his family. Negligence of landlord as to elevators, see ELEVATOBS. Annotations. Liability of agent of leased premises for injuries due to defects therein. 1917C, S3. Liability of landlord to tenant for dam- age by u-ater. 1917B, 225. Liability of landlord to tenant for damage by water, due to faulty construction. 1917B, 236. Liability of landlord to tenant for loss due to bursting ivater pipes. 1917B, 24:4:. Liability of landlord to tenant for sick- ness due to unsanitary condition of premises. 1917 A, 994. Liability of landlord for injuries caused by lack or insufficiency of fire escapes. 1917C, 1153. Question for jury as to landlord's negli- gence. 1915B, 98; 1917B, 222; 1917D, 1149. Effect of assignment of lease on liability for dangerous condition of premises. 1916F, 1149. Liability of landlord's agent. 1915E, 721 ; 19159, 566; 1917C, 77. Election to proceed against landlord for injury, a^ bar to action against land- lord's agent. 1917B, 222. LANDLORD AND TENANT. 257 Liability of independent contractor. 1915E, 766. Liability of workman employed to do repair work for injury resulting from negli- gence in doing the work. 1916F, 566. Husband's liability for injury to tenant of wife by negligence as to elevator. 1915D, 847. Effect of contributory negligence. 1917A, 993; 1917B, 238. Liability for lack of fire escapes. 1917E, 250. Due to failure to repair. 1915B, 324; 1916F, 1149, 1155; 1917A, 993. Due to hidden defects. 1916F, 1149. Defective condition of porch. 1915B, 98. Condition of stairway. 1915B, 98. Injury by ice on sidewalk. 1915B, 324. Landlord's duty to tenant of lower story as to condition of upper stories of building which are vacant. 1917B, 222. Injury to property by negligence as to part of building retained by landlord. 1917D, 1149. Injury uy freezing and bursting of water pipes. 1917B, 238. Stipulations exonerating lessor from liabil- ity for damage from leaky pipes, etc.; effect. 191 7B, 222. Injury to goods by leak in roof due to faulty construction. 1917B, 235. to guests or boarders of tenant. Proximate cause of injury. 1915B, 364. Injury by structural defect. 1916F, 1098, 1101. Liability of owner of room leased for ice cream parlor for injury to patron by defective condition. 1916F, 1121. Injury to guest as result of negligent per- formance by landlord of his gratuitous undertaking to repair the leased prem- ises. 1916F, 1077. to servants of tenant. Annotation. Liability of lessor of mine under Work- men's Compensation Act for injury to miners therein. 1917 D, 145. Evidence in action for injury to servant of tenant. 1916D, 311. Liability of landlord after sale of property. 1915C, 190. Injury through breach of promise to repair. 1916F, 1137. Injury by failure to furnish heat. 1915C, 390; 1916F, 1073. Death of servant through failure to replace carefully an unattached covering of a cistern. 1916D, 1220. As to rent. in general. Effect of termination or forfeiture of lease on, see supra. L.R.A. Tri. Index 1915-17. 17. Annotations. Right of tenant who has abandoned or vacated premises to increased rent on re-leacing by landlord. 1917D, 612. Effect of re-entry by landlord after bankruptcy of, or assignment for creditors by, tenant, upon latters' liability for subsequent rent. 19 17 A, 2O8. Under oil and gas lease. 1915D, 1186; 1916B, 686. Rent insurance. 1916F, 693. Duty of one in possession of land under parol contract of purchase, to account for rent upon refusal of vendor to per- form. 1915E, 404. Acceptance of rent from assignee as a waiver of covenant against assignment of lease. 1915E, 846. Waiver of right to declare forfeiture be- cause rent is in arrears. 1915B, 998. Conflict of laws as to validity of guaranty of payment of. 1917E, 777. Guaranty by brewing concern of ler.3e en- tered into by saloonkeeper. 1917E, 777. Set-off in action for rent. 1916C, 491; 1917B, 760. Amendment of answer setting up a counter- claim. 1917B, 760. Effect of war which makes lessee an alien enemy on liability for rent. 1917C, 644. Effect of transfer of reversion by landlord which, by terms of lease, terminates it. 1915C, 234. Right of tenant who has abandoned prem- ises to recover increased rents ob- tained by landlord under new lease. 1917D, 609. Right of tenant to retain possession and sue for abatement of rent on theory of par- tial eviction. 1917F, 713. Necessity of notice of intention to quit t& release tenant under lease from month to month. 1915A, 235. Right of brewing company to avoid liabil- ity for rent of premises leased for saloon business on the ground that it cannot legally engage in that business. 1917C, 929. Abatement of rent of bathing resort leased with privilege of operating bar where change of law makes operation of bar illegal. 1917F, 713. Breach of covenant by landlord as defence to liability. 1915C, 649; 1916F, 1063. After destruction of the property. 1916F, 276. After retaking possession. 191 7A, 205. Provisions in lease accelerating maturity of future rents and giving lessor right to possession upon default in payment, or upon insolvency of lessee, as alternative or concurrent. 1916B, 1099. Liability of assignor. 1917C, 644, 901; 1917D, 845. Liability of assignee of lease. 1915E, 846. Wife's liability for rent of family home. 1917F, 860. 258 LANDLORD AND TENANT LATERAL SUPPORT. landlord's lien. Waiver of landlord's lien for rent by con- sent to sale of tenant's property. 1915C, 166. Priority between landlord's lien and chattel mortgage. 1916F, 446. Right of keeper of apartment house to lien on baggage and furniture of tenants. 1915F, 664. re-entry; recovery of possession. Annotation. Effect of re-entry by landlord after bankruptcy of, or assignment for creditors by, tenant, upon latter'8 liability for subsequent rent. 1917A, 208. Right of assignee of the reversion to enter because of rent unpaid at time of the assignment. 1915C, 245. Re-entry because of arrest and imprison- ment of lessee. 1917F, 626. Provisions in lease accelerating maturity of future rents and giving lessor right to possession upon default in payment, or upon insolvency of lessee, as alternative or concurrent. 1916B, 1099. Counterclaim for conversion of property of tenant upon re-entry by landlord in ac- tion for rent and waste. 1916C, 491. LAND UNDER WATER. See WATKBS. 4* LAPSING. Of legacy, see WILLS. LARCENY. Insurance against theft, see INSUBANCE. Annotation. Title of one who takes money from a thief or embezzler. 19 17 A, 7O7. Probable cause for prosecution for. 1915D, 16; 1916F, 192. Theft from passenger on sleeping car. 1915B, 621. Master's liability for theft by servant. 1915C, 712. Contract that consumer served through prepayment gas meter shall bear loss by theft from meter. 1915A, 1208. Rights of transferee of stolen note. 1915E, 351. How sums stolen by bookkeeper should be charged in determining compensation of manager entitled to one-half yearly net profits. 1917D, 426. Validity of statute aimed to prevent lar- ceny of cattle. 1915B, 213; 1917A, 1185. Loss by theft of goods stolen while in- sured was removing them from threat- ened destruction by fire. 1917D, 1091. Indictment for. 1915B, 71; 1916F, 90. Sufficiency of indictment for robbery to sup- port conviction for larceny. 1915C, 121. Plea of former jeopardy in prosecution for. 1915C, 627. Admissibility of demonstrative evidence. 1915E, 848. Opinion evidence in prosecution for. 1915E, 848. Admissibility of admissions in prosecution for. 1916B, 844. Relevancy of evidence generally in prosecu- tion for. 1915B, 71. Sufficiency of proof in prosecution for. 1916B, 844. Evidence as to identity of property stolen. 1915E, 848. Existence of trust in property stolen. 1915B, 442. Intent to steal as necessary ingredient of. 1917F, 540. Appropriation of proceeds of check honest- ly received after notice that by mistake it was too large. 191 6C, 580. Obtaining title to horse by promise to ex- ecute mortgage on it to secure purchase price and failing to comply with prom- ise. 1916E, 768. Larceny of cow where the hide only is taken after killing the cow. 191 5E, 848. Of property found. 1916A, 465. LARD. Interstate sales of. 1916E, 380. Requiring iard to be sold in containers containing a certain amount net weight. 1916E, 380. LAST CLEAR CHANCE. See NEGLIGENCE. LATERAL SUPPORT. Annotation. Removal of, as constituting damage or injury within meaning of constitu- tional provision against taking, damaging, or injuring property for public use without compensa- tion. 1917E, 576. Right to compensation for injury to lateral support by negligent construction of SL.ver trench. 1917E, 574. LAUNDRY LEGACY. 259 LAUNDRY. What constitutes violation of ordinances regulating carrying on of laundry busi- ness within city. 1917B, 341. LAW. Common law, see COMMON LAW. Of place, see CONFLICT OP LAWS. Presumption as to, see EVIDENCE. Necessity of pleading. 1916C, 767. False representations as to law of other state. 1915A, 675. LAW OF PLACE. See CONFLICT OF LAWS. LAW OF THE CASE. Decision on former appeal as. 1915D, 817; 1915F, 13; 1916A, 519; 1916C, 803; 1917D, 666, 802; 1917E, 539. LAW OF THE ROAD. Liability for injury by violation of. 1915E, 1028; 1916A, 744, 943; 1917C, 477. Application of, to automobile turning around in street. 1915D, 628. LAWYERS. See ATTOBNEYS. LEADING QUESTIONS. To witness. 1917D, 591. LEAD POISONING. Eecovery for injury by, under Workmen's Compensation Act. 1916A, 283; 1916B, 1277; 1916E, 510. LEASE. In general, see LANDLORD AND TENANT. Of coal mines, see MINES. Oil and gas lease, see MINIS. Of railroads, see RAILROADS. Annotation. Lease of its property as affecting lia- bility of foreign corporation to franchise tax or tax upon privilege of doing business within the state. 1917D, 1O 73. Effect of lease of property of foreign corpo- ration to other company on its liability for taxes. 1917D, 1070. Validity of provision in lease of town lands that lessor will pay the taxes. 1915C, 698. Liability of owner of steam roller for fright of horse thereby while roller is in possession of municipality under lease. 1917B, 699. Effect of acceptance of lease by mortgagor from mortgagee to cut off right of re- demption. 1915B, 492. Liability for injury to passenger on train operated by lessee. 1916D, 514. Parol evidence that grantee agreed to take property subject to lease. 1916E, 213. Of oyster bed ; impairment of contract rights of lessee. 1915E, 443. Of mine generally. 1915B, 561. Of infant's land. 1915E, 465; 1916F, 493. LEASEHOLD. In general, see LANDLORD AND TENANT. Annotation. Measure of damages for injury to, from, change of grade. 1917C, 428. Mortgage of leasehold for years. 1917C, 628. Right of tenant to recover damages for in- jury to. 1917C, 420. Measure of damages for injury to. 191 7C, 420. Measure of damages on condemnation of. 1916C, 1090; 1916D, 713. Evidence on question of damages for in- jury to, by change of street grade. 1917C, 420. LEAVE OF COURT. For suit against receiver. 1915B, 998; 1915D, 98; 1917D, 1002. Right of receiver to appeal without permis- sion of court. 1915D, 802. LEGACY. In general, see WILLS. 260 LEGAL PAPERS LEGITIMATION. LEGAL PAPERS. Annotation. Typewritten, printed, or stamped sig- nature of. 1911B, 285. LEGAL PROCEEDINGS. Injunctions against, see INJUNCTION. LEGAL REPRESENTATIVES. See EXECUTORS AND ADMINISTRATORS. LEGATEES. Annotation. Liability to, for mutilation or spolia- tion of will. 1917B, 558. Liability of legatee of drug store for debts contracted in the course of its business. 1917D, 426. Liability to, for mutilation of will. 1917B, 556. LEGISLATIVE AUTHORITY. Right to compensation for injury by gar- bage incinerator authorized by legisla- ture. 1917B, 329. defense to nuisance. 1915B, 1207; 1916C, 1260; 1917B, 329; 1917C, 1046; 1917D, 317. As LEGISLATIVE JOURNALS. See STATUTES. LEGISLATURE. In general. Relation of courts to, see COURTS. Presumption as to regularity of action by. 1917B, 710. Presumption that legislature intended statute to operate as it does in fact operate. 1917D, 740. Definition by, of terms of statute. 1917A, 1116. Legislative intent as guide to interpreta- tion of statute. 1915C, 898; 1916E, 602; 1917 A, 1116; 1917C, 897.. Authority from, to maintain nuisance. 1915B, 1207; 1916C, 1260; 1917B, 329; 1917C, 1046; 1917D, 317. Duty of legislature consolidating different departments to apportion fees for in- spection. 1917D, 746. Powers. Delegation of, see CONSTITUTIONAL LAW. Usurpation of, see CONSTITUTIONAL LAW. Police power, see CONSTITUTIONAL LAW. As to courts, see COURTS. As to public funds, see PUBLIC MONEYS. Power to regulate rates, see RATES. As to taxes, see TAXES. Regulation or control of public waters, sec WATERS. Annotation. Power of legislative tody to punish for contempt. 1917F, 288. Inherent powers of. 1917C, 1034. Power over municipality. 1915C, 261; 1915D, 927; 1916D, 913; 1917A, 1244; 1917D, 791. Power to authorize municipality to create and abolish its municipal offices and to define the powers and duties of the incumbents. 1916D, 913. Power to repeal law enacted upon people's initiative. 1917B, 1. Power to create militia and establish courts martial. 1915E, 235. Powers as to raising of revenue. 1915D, 322. Power to exempt from taxation state pub- lic building bonds. 1917B, 294. Power to authorize appeal to courts from county board of equalization. 1915B, 875. Amendment to state Constitution denying to legislature power to enact prohibi- tory liquor law. 1917B. 7. Control over public highways. 1917E, 456. Power to impose lien upon automobile for injury done by it. 1917E, 925. Power to prescribe rules of evidence. 1916C, 278; 1917B, 710; 1917D. 15. Power as to nuisances. 1917F, 1076. Power to require company to raise its serv- ice rates from those fixed in municipal franchise. 191 5C, 287. Power to grant suffrage to women. 191 5B, 247. Power to appoint, by joint resolution, com- mittee to exist beyond adjournment of legislature. 1915E, 496. Power to pay expense of committee out of contingent fund of legislature. 1915E, 496. Right to divert proceeds of county bonds. 1915D, 274. Power to forl>id existence of Greek letter fraternities in institutions for learning. 1915D, 588. LEGITIMATION. Of illegitimate child, see PARENT AND CHILD. LESSOR LIBEL AND SLANDER. 261 LESSOR. In general, see LANDLORD AND TENANT. LETTERS. As evidence, see EVIDENCE. Admissibility of parol evidence of contents. 1917D, 529. LEVEES, Annotation. What property other than realty may be assessed for the construction and maintenance of levees. 191T/F, 1OO3. Assessment of personal property for cost of levee. 1917F, 999. Rignt to compensation for property taken or damaged in construction of. 1916F, 1181, 1194. Review by court of finding of engineers as to necessary height of. 1916F, 1181. LEVY AND SEIZURE. In general. What property subject. Mode and sufficiency. Effect; rights and liabilities growing ont of levy. in general. of officer levying. Discharge; extinguishment. In general. Sale under, see JUDICIAL SALE. Levy of tax, see TAXES. Injunction against. 1916A, 965. Parol evidence as to ownership of property levied on. 1916A, 588. What property subject. As to exemptions, see EXEMPTIONS; HOME- STEAD. Property subject to garnishment, see GAR- NISHMENT. On interest of remainderman under devise for life with remainder to child of life tenant. 1916B, 1139. Seizure under execution against agent of title to chattel placed in agent to en- able him to transfer the property to a purchaser. 191 6A, 588. Foreign railroad cars. 3915D, 838. Property in hands of executors. 1915D, 1064. Mode and sufficiency. Raising objection to client's right to prop- erty for first time on appeal. 1916A, 588. Attachment of potatoes in car. 1915F, 1184. Effect; rights and liabilities growing out of levy. in general. Annotation. Levy upon property as including sub- sequent increase thereof. 19 nil, 94:4=. of officer levying. Liability of marshal seizing boat in ad- miralty proceedings for loss thereof. 1915A, 193. Liability for damages for detention of exempt property levied on with other property where execution defendant failed to make selection of the exempt property out of the entire lot. 1915D, 381. Discharge; extinguishment. Loss of attachment on potatoes in car where keeper permits car to be taken away by train crew without notifying them of attachment. 1915F, 1184. LEWDNESS. As to disorderly houses, see DISORDERLY HOUSES. As nuisance. 1916C, 651. Indictment for. 1915F, 640. Instruction in prosecution for resorting to house for purpose of. 1916D, 767. LIBEL AND SLANDER. . In general. Who liable. What actionable. in general. charging lewdness. bad char- acter, crime, etc. damaging business; social standing. words about officials or candi- dates. privileged communications. what constitutes a publication. Actions; defenses. in general. who may recover. defenses; justification. Criminal responsibility. In general. Conspiracy in oirculating libelous state- ment. 1917C, 65. 262 LIBEL AND SLANDER. Effect of proceeding against attorney for criminal libel on right to disbar him for the same offense. 1915D, 1218. Who liable. Liability of corporation for. 1916E, 771; 1917D, 559. Liability of master for act of servant or agent. 1915D, 867 ; 1917D, 55S. "What actionable. in general. tnmitiit inns. Defamation of deceased person. 1917C, 615. Words used as mere words of abuse. 917D, 2O5. Libel by falsely ascribing matter to an- other. 1917F, 1O93. Malicious defamation of historical char- acter. 1917C, 610. Comments upon a truthful publication of the utterances of another, intended to hold him up. to public ridicule. 1917D, 855. Liability of clergyman for refusing the sac- raments. 1916D, 371. Reply by seller of hay to claim of shortage by attorney for buyer, that it is a case where the buyer wishes to get an allowance on a car of hay. 1915E, 275. Charging juror with returning verdict which he knew to be wrong. 1915D, 578. Effect of failing to name corporation in libel plainly aimed at it. 19^GE, 667. charging lewdness, bad character, crime, etc. . Privilege as to, see infra. Annotation. Imputing sedition or disloyalty. 1917D, 61. Words having a tendency to degrade or dis- grace person, or to render him ridicu- lous or contemptible. 1916E, 667. Charging one with being a spreader of dis- trust, discontent, and sedition. 1917D, 855. damaging business; social standing. Annotation. What words uttered concerning clergy- men are actionable per se. 1917F, 551. By charging discharged employee with be- ing an agitator. 1916D, 587. Giving name of slow-pay patients to list prepared by medical association. 1916B, 915. Statement to plaintiff in presence of others that defendant wanted him to pay his honest debts. 1915E, 455. Charging that corporation placed negro foreman as boss over white girls. 1916E, 667. Charging that corporation was on the un- fair list of union labor and had its ad- vertising printed in scab shops. 1916E, 667. Charging that corporation pays less wages than its rivals, or that the 'sanitary conditions of its factory are not good. 1916E, 667. Mailing by a business rival to a person whose wife is critically ill, of under- taker's card signed by his name. 1917F, 1088. Publishing fact that charges against a min- ister were read and by unanimous vote sustained by a church conference and that the church had withdrawn fellow- ship from him. 1917F, 548. words abont officials or candidates. Juror as an officer within rule that it is slanderous to impute unfitness for office or employment. 1915D, 578. privileged communications. As to what constitutes publication depriv- ing statement of privilege, see infra. Annotations. Privilege of communications by or to school authorities regarding con- duct of pupil or teacher. 1917D, 784:. Privilege of comment upon conduct of citizen deemed to be acting in op- position to public welfare. 1917E, 516. Privilege as to proceedings of grand jury. 1917F, 765. Communication by principal of school to keeper of boarding house for students in regard to student. 1917D, 779. Letter to county superintendent of schools charging impropriety of pupil. 1915A, 104. Newspaper comment upon acts of citizen deemed contrary to interests of the town. 191 7E, 510. Statement by father of one who had aban- doned his wife to father of the latter. 1915 A, 572. Communications to sheriff charging com- mission of felony. 1915E, 413. Privilege of reply by seller of hay to claim of shortage made by buyer's attorney. 1915E, 275. Privilege of master in answering inquiry as to charactc- of servant. 1915C, 774. Report by grand jury, unaccompanied by in- dictment, upon conduct of official. 1917F, 761. Words used in judicial proceedings. 1915C, 986; 1915D, 578; 1915E, 1051; 1916E. 779. what constitutes a publication. Statements made in presence of third per- son. 1915E, 131. LIBEL AND SLANDER LICENSE. 263 Actions; defenses. in general. As to pleading, see PLEADING. Appealability of action for slander. 1915E, 455. Publications of libel in different "ditions of newspaper as distinct causes of action. 1916A, 1074. Presumption and burden of proof. 1915A, 404; 191 5C, 774; 1917F, 761. Admissibilily of evidence in action for. 1915C, 774; 1915E, 131, 413; 1917D, 855. Right of witness in libel suit to state how the libel seemed to make the person libeled feel. 1917D, 855. Necessity of proving special damage. 1916B, 915. Necessity of proving malice. 1915A, 104. Sufficiency of proof of malice. 1915A, 104. Refusal of instruction as to damages. 1915E, 413. Necessity of pleading special damages. 1916E, 667. who may recover. Right of corporation to maintain action for libel. 1916E, 667. defenses; justification. Privilege as defense, see supra. Annotation. Fact that ^vords otherwise actionable were used merely as words of abuse. 1917D, 205. Right of free speech as defense to. 1917D, 192. Absence of malice; good motive. 1917C, 65; 1917F, 761. Truth or belief in truth. 1917C, 65; 1917D, 855. Defense that words were intended merely as abuse and not to charge commission of crime. 1917D, 199. Criminal responsibility. Sufficiency of verdict in prosecution for. 1916F, 960. LIBERAL, CONSTRUCTION. Of statutes, see STATUTES. LIBERIA. Trust to provide means to transport colored persons to. 1917C, 937. LIBERTY OF CONTRACT. Constitutional guaranty of freedom of con- tract, see CONSTITUTIONAL LAW. LIBRARY. Effect of acquisition of lot for library pend- ing determination of contingency upon which testator has devised lot for a li- brary building, to defeat the devise. 1916F, 787. LICENSE. From private persons. From public; of right to do business. in general. power as to, generally. on what business. uniformity and equality; dis- crimination. reasonableness; amount. From private persons. To use patented article, see PATENTS. Negligence as to licensee generally, see NEG- LIGENCE. Injury to licensee on railroad track, see RAILROADS. To run motor car over railroad tracks. 1915E, 1170. Injury to licensee by electricity. 1915A, ulOj 1915B, 1127; 1915E, 316. Landlord's liability for injury to licensee of tenant. 1916F, 1130, 1135. Revocation. 1917D, 344. From public; of right to do business. in general. License laws as affecting interstate com- merce, see COMMERCE. Constitutionality of statute as to, see CON- STITUTIONAL LAW. To foreign corporations, see CORPORATIONS. To use streets generally, see HIGHWAYS. As to marriage license, see MARRIAGE. Annotation. Effect of devise or beque't of shop, store, or business to pass license. 1917D, 439. Gross production tax as a business or occu- pation tax. 1916F, 141. Local and special legislation as to. 1916E, 1146. Judicial power to review municipal action as to. 1916C, 224; 1916D, 246. Prescriptive period for license tax. 1915F, 1140. Liability for violation of license law. 1917C, 528. Duty of state's attorney to prosecute ac- tions to recover fines for failure to pro- cure license. 1917B, 176. Who may enjoin operation of unlicensed jit- ney 'busses. 191 6B, 1143. Effect of failure to procure license on lia- bility for negligent injury. 1916E, 1216, 1222. 264 LICENSE LIENS. Effect of operating automobile without li- cense on right to recover for injury. 1915D, 628. Validity of contract by unlicensed person. 1915B, 851. Liability for killing unlicensed dog. 1917F, 434. Sufficiency of proof in action for penalty for transacting business without license. 1915D, 260. Criminal liability of agent for conducting business of principal without license. 1915A, 106. Right to revoke license for erection of gaso- lene pump in street. .1917F, 1004. Revocation of physician's license. 1915A, 691; 1916D, 436. Liability for conspiracy of persons petition- ing for revocation of license. 1916D, 391. Injunction ag'inst revocation of license. 1916JC, 224. power as to, generally. Constitutionality of statute as to, see CON- STITUTIONAL LAW. Annotation. May a license -for a bank be refused up- on general considerations of public policy. 1917D, 316. Delegation of power as to. 1915B, 151; 1916E, 1146; 1917D, 996. Construing act empowering municipality to license so as to sustain act. 1915B, 1097. Statutory power to license theatricals, shows, and amusements as including power to impose license tax on golf course. 1917E, 314. Right of municipality to refuse license for picture show within 200 feet of church under charter authority to regulate amusements. 1916D, 95. Power to require license under charter au- thority to regulate occupations. 1915D, 260. Exacting bond for protection of persons or property as condition to issue of license to operate jitney bus. 1915F, 850. on -what business. Of dentists, see DENTISTS. For use of jitney bus on city streets, see JITNEY BUSSES. Of physician or surgeon, see PHYSICIANS AND SUBQEONS. Annotation. Requiring license for sale of milk. 1917C, 245. Requiring Federal license for sale of anti- hog-cholera serum. 1916F, 136. On golf course to which entrance fee is charged. 1917E, 314. For dealing in corporate or quasi corporate securities. 1917F, 514. On foreign insurance company. 191 5E, 708 % . Business of keeping hotel, lodging house, etc. 1915B, 1097. 'Employment agencies. 1916E, 1146. Trading stamps. 1915B, 241. Messenger business. 1915D, 260. Peddlers. 1916B, 1291. Vehicles. 1915F, 840; 1917B, 553. uniformity and equality; discrim- ination. Special and local legislation as to. 1916E, 1146. Discrimination against nonresidents and aliens by license statute. 1915B, 151. Tax on motor vehicles graduated according to the power of the machines. 1915D, 322. reasonableness; amount. Annotation. Validity of license tax on sale of non- intoxicating beverages as affected by amount. 1917C, 463. For sale of sweet cider by keeper of restau- rant. 1917C, 460. Graduating license tax on automobiles ac- cording to horse power of the machine. 1917B, 553. Tax on right to use-motor vehicles on high- way in excess of cost of policing the highways. 1915D, 322. Pro rata tax under statute fixing fee at certain amount per annum where busi- ness is conducted for part of year only. 1916E, 1146. Instances of amount. 1916D, 246, 1146; 1917C, 460; 1917E, 314. LICENSEE. Injury to licensee on railroad track, see RAILROADS. Negligence toward, generally, see NEGLI- GENCE. Annotation. Duty of licensee as to railroad fences. 1917A, 539. Injury to, by electricity. 1915 A, 510; 1915B, 1127; 1915E, 316. Landlord's liability for injury to licensee of tenant. 1916F, 1130, 1135. LIENS. In general. Priorities. Loss; waiver; discharge. In general. Of attorney, see ATTORNEYS. Of carrier, see CARRIERS. LIENS LIFE TENANTS. 265 Of chattel mortgage, see CHATTEL MORT- GAGE. On corporate stock, see CORPORATIONS. Of innkeeper, see INNKEEPERS. Of landlord, see LANDLORD AND TENANT. Maritime liens, see MARITIME LIENS. Of mechanic or materialmen, see MECHAN- ICS' LIENS. Of mortgage, see MORTGAGE. Subrogation to, see SUBROGATION. Of tax, see TAXES. Of vendor, see VENDOR AND PURCHASER. Annotations. Constitutionality of statute Diving lien on automobile for injury done by it. 1917E, 928. Who is a "farm" or "agricultural" laborer within statute giving lien. 1917D, 382. Sufficiency of title of statute creating lien. 1917E, 925. Effect of adoption of Constitution on rights of city under lien. 1917D, 365. Modifying judgment for alimony so as to make it a specific lien on after-acquired real estate. 1917C, 1140. Cancelation of lien on land given to secure payment of money under contract against public policy at suit of person in pari delicto. 1916D, 722. Effect of institution of bankruptcy proceed- ings to destroy jurisdiction of state court over proceedings to enforce a stat- utory lien. 1916E, 303. Relief against judgment in action to estab- lish. 1916E, 303. Collateral attack on judgment foreclosing lien on real estate. 193 6E, 303. Lien for amount which cotenant should con- tribute for expenses paid by other co- tenant. 1915B, 961. Lien of creditors of insolvent on proceeds of insurance with which he has prom- ised to pay them. 1917 B, 130. Of state on assets of insolvent bank in which public money has been deposited without authority. 1916C, 1. Lien of state's attorney upon fines collect- ed by him. 1917B, 176. For compensation for injury to abutting property by location of railroad in street. 19151), 397. For labor; who is a "farm laborer." 1917D, 377. Of bank on deposit. 1915A, 728. On future wages assigned by employee. 1916E, 247. Power of legislature to impose lien upon automobile for injury done by it, al- though machine was at the time of the injury in possession of a stranger. 1917E, 925. Priorities. Lien of chattel mortgage, see CHATTEL MORTGAGE. Lien of mechanic or materialmen, see ME- CHANICS' LIENS. Impairing obligation of contract by statute as to. 1916E, 524. Power of legislature to impose on auto- mobile lien for injuries, superior to- that of a chattel mortgage executed after the passage of the statute but before the injury is done. 1917E, 925. Giving lien on cattle taken damage feasant priority over recorded liens on the ani- mals. 1916E, 524. . Priority between lien on automobile for in- jury done by it and rights of condi- tional vendor. 1916F, 935. Priority of lien for purchase money paid, on default of vendor, over subsequent mortgage. 1916F, 430. For labor and repairs. 191 5D, 1141, 1146, 1149. Loss; waiver: discharge. Waiver of purchaser's lien for purchase money paid on default of vendor. 1916F, 430. LIFE ESTATE. Creation of, by deed, see DEEDS. Creation .of, by will, see WILLS. In general, see LIFE TENANTS. LIFE INSURANCE. See INSURANCE. LIFE TABLES. Admissibility in evidence. 1915D, 334; 1915F, 558. LIFE TENANTS. In general. Possession, enjoyment, and nse of property. in general. corporate stocks and bonds; dividends. Liability for expenses, stc. In general. Adverse possession against remaindermen, see ADVERSE POSSESSION. By curtesy, see CURTEST. As to life estates generally, see DEEDS; WILLS. Effect on remainder estate of refusal of life tenant to accept deed. 1915A, 671. Estoppel of heirs of remainderman by his acts. 1916B, 1139. Right of life tenant to recover damages to both life estate and remainder in case of negligent injury. 1916A, 787. 266 LIFE TENANTS LIMITATION OF ACTIONS. Duty of trustee directed to collect income of property and pay it to a life tenant, to convert stock into other securities which will produce an income without consuming the estate. 1915A, 738. Right to charge debt of life tenant to the estate against the remaindermen in case it is not collected during the life- time of life tenant. 1917D, 563. Collusiveness of decree as to payment of debt which the will made a charge on the share of the life tenant. 1917D, 563. When limitation of actions begins to run against remaindermen. 1917E, 266. Effect of death of life tenant to stop run- ning of Statute of Limitations against remaindermen. 1917E, 1103. Loss of corporate stock to remaindermen by wrongful transfer to life tenants. 1917E, 266. Possession, enjoyment, and use of property. in general. Purchase by remainderman at tax sale. 1915E, 343. Lability of life tenant for selling timber from the property. 1915B, 219. Right of estate of life tenant under devise for life of retail business to the differ- ence in value of the stock at the time he received possession and at the time of his death. 1915C, 846. corporate stocks and bonds; divi- dends. Right to distributive share of assets of cor- poration received on dissolution of the company. 1916A, 718. Stock dividends. 1916A, 718; 1916B, 626; 1916D, 201. Cash dividends. 1915A, 738. Liability for expenses, etc. Taxes and assessments. 1915E, 343. LIGHT. As to electric lights, see ELECTRIC LIGHTS. Annotations. Street lighting as a local improvement assessable against property bene- fited. 1917A, 1O98. Duty owed to others by one bl'nded by light on highway. 1917E, 1O45. Easement of. 1915D, 1115; 1917 A, 524. Absence of, in street. 1915A, 325. At railroad crossing. 1915A, 363. On train passing over crossing. 1917C, 784. Duty of master to maintain light on low 'bridge. 1915F, 838. Failure to light bridge as proximate cause of injury. 1917C, 203. On car platform to show space between cars. 1916D, 1109. Special assessments for street lighting. 1917A, 1093. LIGHTNING. Insurance against. 1917F, 1061. Recovery under Workmen's Compensation Act for death by. 1916A, 339, 342, 344. Opinion evidence that fire was caused by lightning following electric wire. 1915A, 1045. LIGHTNING RODS. Confining licenses to sell lightning rods to residents of the state. 1917C, 528. Liability for selling without license. 1917C, 528. LIMITATION OF ACTIONS. Limitation in general. Laches, equitable remedy. in general. as to land. Bar of prior or other claim, or of por- tion of claim or defense. By and against whom available. To what claims applicable. When statute runs. in general. contracts; mortgages. corporations; officers and s.ock- holders. fraud; concealment. torts; negligence; injuries to person or property; crimes. suits relating to real property. decedents' estates; executors and administrators. "When action is barred. contracts. torts; negligence. suits relating to real property. taxes. Interruption of statute; removal of bar. in general. by suit. by payment or promise. Limitation in general. Adverse possession, see ADVERSE POSSES- SION. Stipulation in carrier's contract as to time of commencing suit for injury to or loss of goods, see CARRIERS. Easements created by prescription, see EASEMENTS. Time to present claims against decedent's estate, see EXECUTORS AND ADMIN- ISTRATORS. Contractual limitation for actions on poli- cies of insurance, see INSURANCE. Prescriptive rights as to waters, see WATERS. LIMITATION OF ACTIONS. 267 Annotation. Availability of plea of limitation and plea to the merits against the same cause of action. 1917C, 71. Conflict of laws as to. 191 5C, 976. Constitutionality of statute as to. 1915E, 675. Negation of defense of. 1915E, 1192. Raising defense of, by demurrer. 1917F, 935. Agreement by property owner to waive statutory limitation of public improve- ment assessments. 1917F, 493. Payment of mortgage barred by limitations as condition of decree quieting title as against mortgagee. 1916B, 1218. Time to present claim against decedent's estate. 1915B, 797; 1915D, 754. Laches, equitable remedy. in general. Estoppel by laches, see ESTOPPEL. In seeking relief from judgment, see JUDG- MENT. Annotation- Effect of laches in attaching divorce decree. 1917B, 5O3. Raising defense of laches for first time on appeal. 1917A, 685. Delay in asserting right against vendor of dentistry business contracting not to re-engage therein. 1917B, 267. Effect of inaction or delay by public officers on right of state to recover inheritance tax. 1917E, 1160. Imputing laches to the state. 1915A, 715. Effect of laches on right to injunction. 1915A, 615; 1916C, 1260; 1917B, 267. Effect of delay for five years to apply for benefit of bequest. 1915B, 1156. Of street contractors in attempting to re- move pavement not accepted by city. 1915B, 173. Delay in issuing execution. 1915B, 797. as to land. Estoppel by laches, see ESTOPPEL. Annotation. Effect of laches of mortgagee on right to reinstatement of mortgage re- leased or discharged by mistake. 1917 E, 1O58. Effect of delay in bringing action for can- celation of contract for purchase of land while parties are negotiating in attempt to settle their differences out of court. 1917F, 744. Suit to recover from one claiming tax title. 1916A, 999. Laches in seeking a rescission of land con- tract. 1916C, 996. Bar of prior or other claim, or of por- tion of claim or defense. Annotations. Right of surety to indemnity from principal or contribution from co- surety as affected by the fact that an action by the creditor against the principal or cosurety would be barred. 1917F, 1O74. Lien of corporation upon stock as af- fected by bar of limitations against action on debt of stockholder. 1917F, 11OO. Right of surety compelled to pay the debt of his principal to contribution from cosurety in other state whose liability is barred by the law of his domicil. 1917F, 1065. Enforcement by corporation of its lien on .stock and dividends for claim barred by limitations. 1917F, 1100. Effect of bar of debt and mortgage on right to exercise power of sale in mortgage. 1916B, 1209. Effect of bar of action by person injured on administrator's right to maintain ac- tion for his death. 1915E, 1178, 1185. By and against whom available. State institutions. 1916E, 94. United States. 1916B, 734. Counties. 1916E, 92. Foreign corporation. 1915C, 544. To ivliat claims applicable. Proceeding to disbar attorney. 191 5D, 1218. Bar of interest on award in eminent domain proceedings. 1916C, 1106. When statute rnns. in general. Is action governed by statute in force in territory at time judgment was ob- tained in territorial court or by stat- ute which became applicable on admis- sion of state to Union. 1917A, 187. Against right of contractor to remove pave- ment for which he has not been paid. 1915D, 173. Against claim for contribution by cotenant for taxes. 1915B, 961. contracts; mortgages. When limitations begin to run against rights under novation contract. 1915B, 1. Claim for continuous services rendered under contract. 1916D, 1260. Contract to render services for compensa- tion to be made at death of person served. 1917A, 1. Claim of attorney discharged before comple- tion of services for which employed. 191 7F, 402. Action for breach of warranty on sale. 1916F, 810. 268 LIMITATION OF ACTIONS. corporations; officers and stockhold- ers. Annotations. Limitation of actions against directors of corporation for malfeasance or nonfeasance. 1917 A, 9SO. Accrual of right of action to put Stat- ute of Limitations into operation as to stockholders' liability for corpo- rate debts. 1917E, 397. Action against bank directors for loss due to their negligence. 1917A, 971. Action for wrong transfer of corporate stock to life tenant so that it is lost to the remaindermen. 191 7E, 266. Liability of stockholders. 1917E, 393. fraud; concealment. Annotation. Concealment or ignorance of cause of action as suspending Statute of Limitations against the action for personal injuries or death. 1917B, 1259. Concealment of material facts preventing discovery of wrong. 1917C, 1253. Mere failure to disclose that a cause of ac- tion exists. 1917B, 1253. Action of gas company whose negligence causes explosion in preventing investi- gation as fraud. 1917B, 1253. Secret removal of ore beyond boundary line of mine as fraud. 1917C, 113. Effect of fraud preventing action under Fed- eral Employers' Liability Act within prescribed time. 191 7E, 322. False assurance by carrier that no rebates were being given as fraud. 1917F, 414. torts; negligence; injuries to person or property; crimes. Tort of corporate officer, see supra. Annotation. When statute commences to run against physician or surgeon for malpractice. 1917C, 1172. Action against sheriff for failure to return attachment. 1915D, 1163. Action under Federal Employers' Liability Act. 1916E, 1Q95. Action for sickness caused by nuisances. 1916E, 960. Injury by explosion of gas. 1917B, 1253. Action for malpractice. 1917C, 1169. suits relating to real property. Annotation. When does statute begin to run against action based upon removal of min- erals from real estate. 1917C, 116. Action for wrongful removal of ore. 1917C, 113. When limitations begin to run in favor of grantee of husband's interest in ten- ancy by entireties against the wife, where parties are divorced after con- veyances made. 1917D, 736. decedents' estates; executors and administrators. Authority of administrator to waive bar of statute so as to set new date from which statute would begin to run. 1915B, 1016. When action is barred. contracts. Action for return of money paid upon re- scission of contract. 1916F, 430. Action for breach of saloonkeeper's bond. 1916E, 269. torts; negligence. Action for damages for personal injuries. 1917B, 1253. Action for injury to servant. 1016F, 949. Statute providing that where time limited for commencement of personal injury action which survives shall not naTC elapsed at the time of the decease of the one in whose favor the claim exist- ed, the term of one year from the time of such decease shall be allowed to in- stitute suit. 1917D, 809. Claim for malicious prosecution of civil ac- tion. 1915B, 1179. suits* relating to real property. Creating easement by prescription, see EASEMENTS. When action to assert right under fifty- vear option for mining lease is barred. 1917D, 900. When suit by remaindermen to recover land is barred. 1917E, 1103. Limiting damages for continuing mrsance to injury caused within limitation pe- riod. 1916E, 974. taxes. Statute requiring officers to commence pro- ceedings to collect inheritance tax within certain time as a statute of limitations. 1917E, 1160. Computation of prescriptive period for li- cense tax. 1915F. 1140. Interruption of statute; removal of bar. in general. Effect of bank's right to apply deposit on note to toll running of limitations. 1915E, 794. Effect of adjudication in bankruptcy to in- terrupt running of limitations. 1915B, 1221. by suit. Annotations. Failure of action because planted in u-rong court as ground for tolling limitation statute. 1917C, 2O8- LIMITATION OF ACTIONS LOAN. 269 Right of one creditor to intervene in another creditor's action after the period for beginning such action has expired. 1917D, 885. Effect of action dismissed for lack of juris- diction to toll statute. 1917C, 203. Right of one creditor to intervene in a pend- ing action by another creditor, after the period for bringing such action has expired. 1917D, 882. Amendments. 1916B, 910; 1916D, 316; 1917F, 414. by payment or promise. Payment. 1915B, 1221; 1915E, 794; 1916A, 731. Promise or acknowledgment. 1915B, 1016; 1916A, 731 ? LIMITATION OF INDEBTEDNESS. Of municipal corporation, see MUNICIPAL CORPORATIONS. Of school district, see SCHOOLS. Of county. 1916F, 892. Of corporation, liability of officers for ex- cess. 1915D, 1028; 1916C, 189. LIMITATION OF LIABILITY. % Of carrier, see CARRIERS. Of shipowner, see SHIPPING. By telegraph company, see TELEGRAPHS. Conflict of laws as to. 1916B, 637, 1041. On insurance policy where there are other policies on the property. 1916F, 992. LIMITATION OVER. Validity of, see PERPETUITIES. LIQUIDATED DAMAGES. See DAMAGES. LIS PENDENS. Abatement by pendency of action, see ABATEMENT AND REVIVAL. LIST. Of property by taxpayer. 1915C, 929; 1915F, 648. LITERACY TEST. Statute prescribing literacy test for voters. 1916A, 1124. LIVERY STABLE. As a nuisance. 1917E, 366. Condition in deed against conducting livery stable on premises. 191 5A, 679. Payment of board furnished to horses as condition precedent to action to recover possession. 1916B, 748. Priority between chattel mortgage on horses and lien for their board. 191 6B, 748. Liability of one hiring a team with driver, for injury to animals by negligence of driver. 1916F, 1036. LIVE STOCK. In general, see ANIMALS. Transportation of, see CARRIERS. Liabilitv for false pretenses in selling. 1916C, 1101. *-- LOAN. By building and loan associations, see BUILDING AND LOAN ASSOCIATIONS. Damages for breach of contract for, see DAMAGES. Usurious loans, see USURY. Annotation. Effect of loan as working forfeiture of options under insurance policy. 1911A, 1241. Distinction between bailment and loan. 1915F, 90. Effect of loan to insured to work forfeiture of option for extended insurance. 1917A, 1237. Power of corporation to loan money. 1917B, 814. Failure of money lender to comply with statute as invalidating loan. 1915B, 851. Lack of mutuality in contract to lend money. 1916F, 501. Nature of action for breach of contract to lend money. 1916F, 501. Lending money to competitor of covenantee as breach of covenant not to engage in business. 1915B, 1204. Lien of homestead for money loaned to re- tire purchase money notes. 1915E, 875. Duress in demanding premium for accept- ance of sum due on long time loan and release of security. 1915B, 4PS. Power of trustee of insolvent to loan funds of trust. 1916C, 6. General deposit by trustee as a loan of the trust funds. "1916C, 6. 270 LOAN LONGSHOREMEN. Effect of loan by will of land to one for life, with a devise of it in fee to his heirs at his death, to pass the fee to him. 1915D, 496. To whom payment may be made. 1915D, 271. Of intoxicating liquor as violation of liquor laws. 191 5C, 648. Of credit by municipality. 1915B, 306. LOAN ASSOCIATION. See BUILDING AND LOAN ASSOCIATIONS. LOCAL IMPROVEMENTS. See PUBLIC IMPBOVEMENTS. LOCAL LEGISLATION. See STATUTES. LOCAL OPTION. See INTOXICATING LIQUORS. LOCAL SELF-GOVERNMENT. Constitutional right of, see CONSTITUTION- AL LAW. LOCAL STATUTES. See STATUTES. LOCOMOTIVE FIREMEN. Liability of master for death of locomotive fireman by overturning of engine. 1917E, 210. Fireman injured while going to work after entering company's property as an em- ployee. 1915C, 39. LODGE. See BENEVOLENT SOCIETIES. LODGING HOUSES. Annotation. Hiring room in, as affecting Comicil or residence. 1917D, Statute requiring fire escapes and fireproof stairways. 1917C, 1146; 1917E, 250. Requiring license for business of keeping. 1915B, 1097. Pleading in action by lodging house keeper to enjoin interference with her busi- ness by city officers. 1915D, 1097. LOGGING RAILROAD. Annotation. Exercise of eminent domain 19 17 A, 102. for. Exercise of power of eminent domain for. 1916B, 1089. LOCATION. Of mining claim, see MINES. Of insured property. 1915B, 361; 1915C, 408; 1915D, 239. LOCOMOTIVE ENGINE. Master's duty as to safety of. 1917F, 802. Injury to child invited by engineer to ride on locomotive engine. 1915E, 888. LOCOMOTIVE ENGINEER. Homicide in operation of train. 1917C, 533. LOGS AND LOGGING. Annotation. Eminent domain for purpose of log- i ging road or logging railroad. 1917A, 1O2. Exercise of eminent domain for logging rail- road. 1916B, 1089. Breach of contract to manufacture logs into lumber. 1916F, 3. Exclusive contract by carrier with private corporation for loading of logs tendered for shipment. 191 5C, 250. LONG DISTANCE MESSAGES. Rule of telephone company as to. 1915E, 323. LONGSHOREMEN. Recovery for injuries to, under Workmen's Compensation Act. 1916A, 403. LOOKOUT. LOOKOUT MACHINERY. LOVE AND AFFECTION. 271 Duty as to, at railroad crossing. 1915B, 140. Duty to keep, for persons on or near rail- road track. 1915F, 1151. Duty of driver of automobile as to. 1916A, 943. LOOSE LEAF SYSTEM. Admissibility in evidence of loose leaf sys- tem of accounts. 1916B, 631; 1916F, 209. LORD'S PRATER. Repeating of, in schools. 1915D, 941. LOSS. Of property in hands of bailee, see BAIL- MENT. Of freight, see CARRIERS. Of homestead, see HOMESTEAD. Of insured property, see INSURANCE. - 4 LOSS OF PROFITS. As element of damages, see DAMAGES. Annotation. Insurance against. 1917C, 726. Insurance against. 1917C, 722. LOST PROPERTY. Finder of, see FINDEB. Larceny of property found. 1916A, 465. LOTTERY. What constitutes. Annotation. Legality of voting or popularity con- test. 1917D, 4:89. Scheme to increase trade by voting contest as a lottery. 1917D, 485. Scheme by which articles are contracted for at uniform price to be paid in instal- ments, with possibility of receiving ar- ticles before all instalments are paid and having contract canceled for adver- tising purposes, and losing all right to this privilege by default in payments. 1915F, 1018. As consideration for contract. 1917C, 582. LOW BRIDGE. Injury to railroad employee by. 1915 F, 838. LOWEST BIDDER. For public contract, see CONTRACTS. LUBRICANTS. Mechanic's lien for. 1915B, 708. LUMBER. See TIMBER. LUMBER DEALERS. Illegal con:' ination of. 1915A, 788. < LUMBER YARDS. Local tax on lumber yards on right of way of interstate railroad. 1916E, 404. Separate taxation of lumber yards on rail- road right of way. 1916E, 404. LUMP SUM. Award of, under Workmen's Compensation Act. 1916D, 970; 19JL6F, 957. LUNATICS. See INCOMPETENT PERSONS. 4 > LUNCH STANDS. Grant to individual of exclusive right t< operate in park. 1916D, 491. MACHINERY. Injury to employee by, see MASTER AND SERVANT. Claim for, as witiiin protection of contract- or's bond. 1917A, 336. 272 MACHINERY MALICIOUS PROSECUTION. Claim for -rental of, as within protection of contractor's bond. 1917B, 558. Claim for material for repair and equip- ment of, as within protection of con- tractor's bond. 1917A, 336. Warranty on sale of. 1915B, 477; 1916D, 997; 1917C, 1076. As a fixture. 1915A, 654; 1916E, 615; 1016F, 1275. MAGISTRATE. In general, see JUSTICE OF THE PEACE. Annotation. Liability for false imprisonment of magistrate failing to have prisoner brought before him. 1917F, 429. Liability for false imprisonment. 1295; 1917B; 360; 1917F, 427. 1916C, MAGNETIC HEALERS. Annotation. Application to, of statutes regulating the practice of medicine. 1917C, 827. MAIL CARRIER. As a public officer. 1917A, 228. Ordinance giving right of way to, in street. 1915D, 1021. MAIL CLERK. Duty of carrier to heat mail car. 1916E, 464. MAILS. See POSTOFFICE. MAINS. As to water mains, see WATER MAINS. - * MAINTENANCE. See CHAMPERTY AND MAINTENANCE. MALICE. Presuir.ption and burden of proof as to, see EVIDENCE. Sufficiency of proof of, see EVIDENCE. In action or prosecution, see MALICIOUS PROSECUTION. Question for jury as to, see TBIAL. In use of property. 1916F, 903. As element of action of libel or slandei. 1915A, 104; 1917F, 761. Of citizens petitioning for closing business. 1916D, 391. In inducing breach of contract. 1915F, 1076. In erection of fence. 1916F, 903. Of mortgagee in taking possession of prop- erty under insecurity clause. 1915E, 192. MALICIOUS ARREST. Liability for, see FALSE IMPRISONMENT. MALICIOUS ATTACHMENT. iability for, see MALICIOUS PROSECUTION. MALICIOUS PROSECUTION. In general. Want of probable cause; malice. in- criminal prosecution. of civil action. Termination of prosecution. In general. Measure of damages for, see DAMAGES. As to false imprisonment, see FALSE IM- PRISONMENT. Annotation. Liability of public prosecutor to action for malicious prosecution. 1917F, 699. Prematurity of action for. 1917B, 350. When action for, is barred. 1915B, 1179. Opinion evidence in action for. 1915B, 1179. Evidence of privileged communications. 1915D, 1. Evidence to show relation of joint defend- ants in action for. 1915B, 1179. Sufficiency of evidence in action for. 19] 6F, 192; 1916E, 1277. Conclusiveness in action for, of judgment in prior action to recover treble damages under Sherman Anti-trust Act. 1915B, 1179. Right to maintain action for, where the malicious proceedings were terminated by compromise. 1915A, 601. For alleged infringement of patent. 1915B, 1178. Joint liability for. 19] 5B, 1179. Liability of attorney who maliciously brings action for client. 1915A, 1186. MALICIOUS PROSECUTION MANDAMUS. 273 Immunity of city attorney from liability for. 1917F, 698. Effect of advice of counsel. 1915D, 16. Want of probable cause; malice. in criminal prosecution. Question for jury as to. 1915D, 1, 16. What constitutes probable cause. 1915D, 1; 1916F, 192; 1915D, 16. Instruction as to probable cause. 1915D, 1. Effect of motive where probable cause exists. 1916F, 192. Conviction secured by perjury of complain- ing witness as evidence of probable cause. 1917D, 408. Discharge of one accused of crime because not guilty of offense charged as proof of want of probable cause where he was guilty of offense under another statute. 1917D, 1194. Effect of malice on immunity of city attor- ney. 1917F, 698. of civil action. Annotation. Bringing civil action in remote district or foreign jurisdiction. 1917B, 752. Question for jury as to. 1915B, 1179. Necessity of alleging and proving malice and want of probable cause. 1915B, 1179; 1916E, 1277; 1917B, 350. Sufficiency of proof of probable cause. 1916E, 1277. Want of probable cause as necessary ele- ment of liability. 1915A, 541. Serving summons in foreign state when both parties are residents of the state. 1917B, 749. Termination of prosecution. Termination of proceedings out of which cause of action arose as condition pre- cedent to action for malicious prosecu- tion. 1915A, 601; 1915B, 1179. MALPRACTICE. Liability for, see PHYSTCIAXS AND SUB- GEONS. Right of employee accepting provisions of Workmen's Compensation Act to main- tain action for malpractice. 1C16F, 319. Augmenting recovery under Workmen's Compensation Act, where injury was prolonged by negligent surgical treat- ment. 1916E, 1201. Employer's liability insurance as covering claim for malpractice of physician fur- nished by employer to treat injured em- ployee. *1915C, 155. ' L.R.A. Tri. Index 1915-17. 18. MALT LIQUOR. What included in prohibition of sale of. 1917B, 962. MANDAMUS. When may issue. in general. to court or judge. to state or Federal officers. to county, town, or municipal officers. to corporations. concerning elections; to deter- mine title to office. to school officers. Procedure. in general. parties. pleading; writ and return. hearing and determination; de- fenses. When may issue. in general. Effect of repeal of statute on right to man- damus to compel action thereunder. 1915A, 639. Application of statute giving as auxiliary relief writ of mandamus to compel per- formance of duty established in the ac- tion. 1915B, 611. Ordinary office of writ. 1917F, 776. Refusal of mandamus to compel perform- ance of a series of continuous acts. 1917F, 776. Existence of other remedy. 1917F, 912. Ministerial duty; exercise of discretion. 1915B, 232. to court or judge. Annotation. Mandamus to compel change of venue. 1917F, 914:. Mandamus as appropriate remedy in absence of other adequate remedy. 1915E, 936. Mandamus as proper remedy where court has exceeded its power by ordering in- definite suspension of execution of sentence. 1917E, 1178. To compel grant of application for change of venue. 1917F, 912. To compel allowance of alimony or suit money. 1916F, 1257. to state or Federal officers. Annotations. Mandamus to compel public officer to execute a contract. 1917F, 538. Mandamus to governor. 1917F, 774. To require governor to perform ministerial act. 1917F, 770. 274 MANDAMUS MANSLAUGHTER. To compel issuance of warrant on state treasury. 1915E, 858. To compel state appropriation for official ex- penses. 1915E, 858. To compel county clerk to .record mortgage without payment of registration tax. 191 6E, 602. To compel destruction of photographs of pardoned convict. 1916A, 737. to county, town, or municipal of- ficers. Concerning election, see infra, Annotation. Mandamus to compel public officer to execute a contract. 1917F, 53S. To mayor to compel him to execute contract. 1917F, 535. To compel countersigning of warrants by mayor. 1916D, 321. To compel counties to unite in making necessary repairs to county bridge. 1916F, 508. To compel collection of taxes. 1915A, 639. to corporations. To compel calling of meeting. 1915E, 774. To enforce stockholder's right to inspect books. 1916F, 1033. To compel removal of telephone wires and poles from highway. 1917D, 660. To compel irrigation company to issue shares of stock to purchaser of land in irrigation district. 1916F, 236. To compel canal company to maintain its canal according to dimensions and ca- ?acity required by its charter. 1917F, 76. concerning elections; to determine title to office. Annotations. Mandamus as a proper remedy to en- force duties with respect to nomina- tions. 1917E, 4SO. Mandamus to compel steps preliminary to an election before the arrival or expiration of the time fixed there- for. 191T/F, 221. To compel rescission of acceptance of cer- tificate of nomination and to prevent placing of candidate's name on ballot. 1917E, 475. To compel omission fron ballot of name of one who has withdrawn his candi- dacy. 1917A, 996. To admit to office person wrongfully ex- cluded therefrom. 1917A, 1244. To compel county officials to take necessary steps to holding of election, although time has not yet arrived for the per- formance of any act. 1917F, 215. To control discretion of clerk in determin- ing sufficiency of recall petition. 1915B, 232. to school officers. To compel issuance of diploma of gradua- tion. 1916B, 611. To prevent holding of graduating exercises in church. 1916D, 399. To reinstate school teacher wrongfully dis- missed. 1916C, 789. Procedure. in general. Conditions precedent. 1915D, 98. Waiver of irregularities. 1916F, 1033. Necessity of giving bond for costs. 1916F, 1033. Directing rule to show cause why man- damus should not issue to court or the judge thereof rather than to the clerk 1917E, 1178. parties. Right of governor to maintain action for. 1917F, 215. Parties defendant. 1915D, 288; 1916F, 1033. pleading; writ and return. Necessity of verifying facts stated in appli- cation for mandamus. 1916F, 1033. General demurrer to petition. 1916B, 611. Sufficiency of writ. 1917F, 776. Motion for award of peremptory writ un- accompanied by replication to alterna- tive writ as equivalent to demurrer to the return. 1915D, 288. Necessity of filing by respondent of certifi- cate showing obedience to writ. 191 7 F, 776. Sufficiency of return; amendment. 1915D, 288. hearing and determination; de- fenses. Consideration of reasonableness of order for alimony and wife's motives, in manda- mus to compel court to proceed with trial of divorce action on its nu its. 1915E, 567. Conclusiveness of certificate of election in mandamus to secure office. 1915A, 832. Refusal to consider questions not properly raised by the pleadings on motion to quash alternative writ. 1917F, 776. Quashing alternative writ with leave to re- lator to amend. 191 7F, 776. Defenses. 1915D, 288; 1915E, 774; 1916F, 1033; 1917F, 776. MANDATORY INJUNCTION. Right to. 1916C, 1260; 1917F, 680. MANSLAUGHTER. In general, see HOMICIDE. Competency as witness of person convicted of manslaughter. 1917F, 896. MANUFACTURER MARKET VALUE. 275 MANUFACTURER. Liability for injury due to defects in ar- ticles manufactured, see NEGLIGENCE. Annotation. Purchase of supplies by foreign manu- facturing corporation as doing business ^vithin state. 1917E, 1157. Liability of, on warranty to purchasers from retailer. 1915D, 875. Recovery from executor of funds deposited with, to secure performance of agree- ment to purchase his product. 1915F, 1041. Liability of owner of passenger elevator for negligence of manufacturer of the ap- paratus. 1915D, 305. MANUFACTURING. Annotations. Manufacturing of intoxicating liquor under contract as a sale. 1917B, GO 6. Modification of food products as man- ufacturing within tax exemption provisions. Iff 17 A, 53. Right to forbid manufacture of intoxicating liquors within the state. 1916F, 177. Of intoxicating liquor under contract, as a sale. 1917B, 605. What constitutes, within meaning of tax exemption. 1917A, 48. What constitutes, within hours of labor statute. 1917C, 922. Exemption of manufacturing establishment from taxation. 1916D, 108; 1917 A, 48. Right of landowner to use percolating waters for manufacturing purposes. 1915A, 3C9. MANUFACTURING PLANT. Annotation. Modification of food prodticts as manu- facturing, \cithin tax exemption provisions. 1917 A, 53. Exemption of, from taxation. 1916D, 108; 1917A, 48. Compensation for consequential injury to, by construction of railroad. 1916A, 1079. MAPS AND PLATS. Annotation. Effect of lines or other indications on recorded plat to create an implied covenant. 1917A, 458. Right of public to maps and plats prepared by officer out of office hours upon paper taken from discarded public books. 191-7B, 1176. Effect of lines on plat to create restrictive covenant as to building line. 1917A, 455. MARGIN. Validity of contract for purchase on. 1916B, 1050. MARINE INSURANCE. Construction of policy. 1916F, 1168. Change of location of insured property. 1915C, 408. Total loss of insured vessel or cargo. 1916F, 1168. MARITAL INTERCOURSE. I Refusal of, as ground for divorce. 1915B, 770. MARITIME LIENS. Annotation. May two or more vessels "be subjected to 'a joint maritime lien. 1917E, 529. Priority over chattel mortgage. 1917E, 526. MARK. Signature to deed by. 191 5B, 678. MARKET. Loss of, by delay of goods in transporta- tion. 1917A, 193. MARKETABLE TITLE. See VENDOB AND PURCHASER MARKET VALUE. Opinion evidence as to. 1917A, 58. As measure of damages for loss of goods. 1917D, 493. 276 MARKET VALUE MARRIAGE. Decline in market value as element of dam- ages for delay in transportation. 1917A, 193. MARRIAGE. In general. Mode or form; validity generally. in general. common-law marriage. effect of cohabitation or con- duct. Capacity of parties; who may marry. in general. validation of marriage void when entered into. Annulment; termination. In general. As to breach of promise of marriage, see BREACH OF PROMISE. Conflict of laws as to, see CONFLICT CF LAWS. Divorce or separation, see DIVORCE AND SEPARATION. Presumption and burden of proof as to, see EVIDENCE. Hnsband and wife, see HUSBAND AND WIFE. Ainiotutiotif*. Validity and construction of condition against marriage with a certain person or a particular class of per- sons. 1917A, 44. Validity and effect of conditions re- quiring consent to marriage of legatee or devisee. 1917D, 468. "Devise or bequest of one described as "husband," "unfe" or "icidoic," as affected by illegality or nonex- istence of marriage. 1917B, 1153. Promise of marriage as a false pre- tense. 1917E, SOS. Liability for improperly issuing mar- riage license or performing mar- riage ceremony. 1917E, S68. As part performance of oral contract. 1916D, 1211. Sufficiency of proof of. 1915E, 121. Promising to marry a man so as to obtain money from him with no intention of fulfilling the promise. 191 7E, 797. Statute imposing penalty on one who issues marriage license without reasonable in- quiry. 1917E, 863. False swearing in affidavit that persons for whom marriage certificate is asked are of lawful age. 1916B, 848. Illegality of contract affecting. 1915D, 1064; 1917F, 618. Condition in will against. 1915A, 311; 1916D, 1194; 1917A, 40; 1917D, 464. Condition in conveyance for reverter in case of marriage. 1916B, 1077. Effect of illegality of marriage on devise to reputed wife. 1917B, 1150. Of divorced person, effect on alimony. 1915F, 820. Effect of remarriage of divorced parties on provisions of decree as to custody of children. 1916E, 682. Effect of marriage of owner of insured prop- erty, not exempt as homestead when destroyed by fire, which entitles him to claim homestead exemption. 1917C, 353. Effect of, to terminate antenuptial contract. 1915E, 161. Effect of marriage of mortgagee to mort- gagor to extinguish debt. 1915D, 1126. Effect of remarriage of widow on homestead rights. 1916A, 999. Effect of provision permitting marriage of white person and one having small ad- mixture of negro blood on right to ex- clude from, schools children of mixed blood. 19 15 A, 828. Reasonableness of rule providing that mar- riage of woman teacher shall automat- ically vacate her position. 1916C, 789. Mode or form; validity generally. in general. Conflict of laws as to, see CONFLICT OF LAWS. Presumption and burden of proof as to, see EVIDENCE. Annotation. Remarriage of divorced Catholics. 1917C, 1O20. When void ab initio. 1916C, 686. Right to assert nullity of marriage in con- troversy between widow and heirs as to rights in homestead. 191 6C, 720. Binding effect of sham marriage where one party acted in good faith. 1916F, 793. Effect of invalidity of marriage entered into in good faith by woman, on her right to inherit from husband. 191 7E, 968. Presumption and burden of proof as to. 1917E, 921. Sufficiency of proof to overcome presump- tion of validity of marriage. 1917E, 921 Necessity of license. 1915E, 109; 1916F, 793; 1917C, 1017. Necessity of presence of clergyman to con- firm contract. 1915E, 109; 1916F, 793. Sufficiency of ceremony for remarriage of divorced Catholics. 1917C, 1017. common-law marriage. Validity of, when not expressly forbidden by statute. 1915E, 109; 1916F, 793. Effect or necessity of cohabitation. 1915E, 1, 56, 109; 1916B, 1243. effect of cohabitation or condnct. Effect of cohabitation by parties whose mar- riage ceremony is invalid. 1917D, 829. Capacity of parties; who may marry. in general. Liability for issuing license to infant with- out reasonable inquiry. 1917E, 863. MARRIAGE MASTER AND SERVANT. 277 Marriage of woman incompetent to marry because of physical malformation. 1916C, 693-. Incestuous marriage. 1916C, 720, 752. Insane persons. 1916F, 697. Infants. 1916C, 732, 737. Person already married. 19] 6C, 707. Divorced persons. 1915E, 87; 1916C, 686, 741, 744; 1917B, 1150; 1917C, 353; 1917D, 829. validation of marriage void when entered into. By cohabitation after removal of impedi- ment. 1915E, 87; 19 160, 686; 1917A, 492. Annulment; termination. Application to action to annul marriage of statutory requirements in case of di- vorce proceedings. 1916C, 704. Conclusiveness of foreign judgment as to. 1917E, 490. Refusal to set aside void marriage where parties are in pari delicto. 1916C, 740. Effect of annulment of illegal marriage on insurance previously taken by wife on husband's life. 1917B, 375. For duress. 1915F, 977. For fraud. 1916E, 1273; 1916F, 526. Infancy as ground for. 1916C, 737. Other existing marriage. 1916C, 704, 737. MARRIED WOMEN. Measure of damages for injuries to, see DAMAGES. Estoppel of, see ESTOPPEL. In general, see HUSBAND AND WIFE. MARSHAL. Liability of marshal seizing boat in admi- ralty proceedings for loss thereof. 1915A, 193. Liability for false imprisonment. 1917F, 427. Liability on bond of. 1916D, 278. MARSHALING ASSETS. Effect of fact that wife had other property upon which execution might have been levied, on levy under judgment which was a lien on entirety estate of execu- tion after the estate has passed to the husband by the death of the wife. 1916D, 113. MARTIAL LAW. As to militia, see MILITIA. Right of commander of army to seize pri- vate property or levy contributions. 1917A, 276. Power of governor to establish martial law which will authorize conviction of civil- ian for crime without jury trial. 1915B, 988. Power of governor during existence of mar- tial law to cause arrest and im- prisonment of persons believed to be encouraging disorder and to suppress newspaper containing articles believed to have that effect. 1915A, 175. MASONS. See FREEMASONS. MASSEURS. Annotation. Application to, of statute* regulating the practice of medicine. 1917C, 825. 4 MASTER. Powers of, on reference, see REFEBENCE. MASTER AND SERVANT. In general; authority to employ serv- ant or physician. 'When relation exists. Compensation; wages. Hours of labor. Termination of relation; discharge. Liability of master to servant gener- ally. Federal Employers' Liability Act. Rules and regulations; methods of work. Duty to warn or instruct. Safety as to place and appliances. in general. machinery. in mines. railroad and street railway cases. inspection. Selection and retention of employees. Liability to volunteers and servants of third persons. Servant's assumption of risks. in general. dangers obvious and incidental to work. defective or dangerous tools, machinery; appliances, placer . or methods of work. knowledge by servant of defect or danger. compliance with commands. minor employees. fellow servant's negligence. 278 MASTER AND SERVANT. Contributory negligence of servant. in general. railroad and street railway cases. Disobedience of rnles. Fellow servants and their negligence. in general. delegation of master's duty to. concurrent negligence of master and fellow servant. change of rule by statute. who are fellow se rvants. for what acts of fellow servant master is liable. Master's liability for acts of servant or independent contractor. for acts of servant or agent. for acts of independent con- tractors. Liability of servants or independent contractors. In general; authority to employ serv- ant or physician. Bonds for fidelity of employees, see BONDS. Combinations of employees, see CONSPIR- ACY; LABOR ORGANIZATIONS. As to employment agencies, see EMPLOY- MENT AGENCIES. Proof of servant's declarations, see EVI- DENCE. Imputing servant's knowledge to employer, see NOTICE. As railroad relief association, see RAILBOAD RELIEF ASSOCIATION. As to seamen, see SEAMEN. As to strikes by employees, see STRIKES. Bight of public to benefit o* disco v- eries, inventions, devices, data, etc., made or prepared by em- ployee. 1917B, 1183. Liability of labor union for preventing employment. 1917C, 1O56. Assignment or release of the right to a third person's services. 19171?, 842. Imprisonment of servant as affecting rights and obligations under con- tract for services. 1917F, 628. Claim *or material for outfitting boarding house for contractor's employees, as within protection of his bond. 1917A, 336. Claim for provisions to feed contractor's employees, as within protection of his bond. * 1917A, 336. Capitalization of payrolls as basis for esti- mating damages for construction of railroad through manufacturing plant, where loss of operatives is anticipated . as result thereof. 1916A, 1079. Collection of tax to compensate county em- ployee for injuries received in course of employment. 1916D, 628. Existence of relation of physician and sur- geon between injured employee and phy- sician employed by master. 1916D, 644. Acceptance by injured employee of compen- sation from employer for physician'* services as jar to action for malprac- tice against physician. 1917A, 392. Indivisibility of contract for services. 1916F, 926. Injunction to compel performance of con- tract for personal services. UU.lA, 820; 1916E, 682. Public policy as affecting contract with em- ployee. 1917D, 641. Effect on individual members of union of agreement between employer and labor union that only union labor shall be employed. 1917C, 1053. Anti-alien labor law. 1916D, 545, 550. Validity of statute declaring that right to enter into labor contracts shall no long- er be a property right. 1915F, 831. Statute forbidding master to stipulate that employee shall not become or remain member of labor organization. 1915C, 960. Forbidding er-ployer to refuse to employ one who has participated in a strike. 1917B, 1108. Compelling employer to disclose to em- ployees communications as to qualifica- tions of one seeking employment. 1917B, 1108. Statute forbidding injunction in case of threatened violation of labor contracts. 3916F, 831. Prohibiting person to act as conductor with- out having previously served as freight conductor or fireman. 1915D, 677. Prohibiting employment of children under certain age. 1915A, 1196. Requiring maintenance of washhouses for employees. 1915B, 420. Authority to employ servant. 1916B, 629; 1917C, 1199. Right of guardian of incompetent to em- ploy servant. 1917B, 676. Authority of servant to employ physician; liability for physician's services. 1915C, 808; 1916E, 110. Binding effect on infant of contract for serv- ices signed by himself and his father. 1916E, 682. Blacklisting of employee. 1916C, 218. Forfeiture of railroad employee's accident insurance policy. 1916A, 475. Probable cause for prosecution of employee. 1915D, 16. Burglary by employee. 1915D, 1015. Existence of trust in property stolen bv em- ployee. 1915B, 442. Trust in property purchased with employ- er's funds. 1916C, 578. Action by master to recover of manager money paid out by him without author- ity. 1916D, 777. Recovery by elevator company against its manager for money collected by him for use of its scales. JiHGD, 777. Right of master to earnings of agent in out- side employment. 1916D, 777. Libel or slander in giving character to serv- ant. 1915C, 774, 777; 1916D, 587. MASTER AND SERVANT. 279 'When relation exists. Annotation. Liability where automobile is being used by a member of owner's fam- ily. 1917F, 365. Definition of master and servant. 1917E, 298. Question whether relation of parties was that of landlord and tenant or that of master and servant. 1917E, 298. For purpose of fixing master's liability to servant. 1915C, 39, 428; 1915D, 510; 1915E, 417; 1916C, 1249; 1916D, 311; 1917C, 1199. For purpose of holding master liable for servant's acts. 1915 A, 328, 1130; 1915C, 1183; 1916B, 629, 757; 1916F, 1036; 1917A, 417; 1917B, 699; 1917E, 357, 961; 1917F, 363, 380. Compensation; -wages. Lien of laborer, see LIENS. Annotation. Amount of wages exempt upon succes- sive garnishments. 1917D, S99. Garnishment of wages of employee. 1915A, 1186; 1915E, 1047; 1917D, 898. Libel in charging that corporation pays less wages than its rivals. 1916E, 667. Liability of trade union for failure to notify contractor of change in wage scale. 1915E, 1006. Evidence of customary rate for services. 1915C, 1208. Validity of contract as to deductions from wages. 1915E, 1017. Implied power of corporation to contract to pay employees half wages during disa- bility. 1917B, 1158. Construction of contract between employer and employee as to payment of wages during disability. 1917B, 1158. Unauthorized contract by superintendent on employing servant to pay him half pay while disabled. 1917E, 539. Implied contract for extra compensation where servant's duties are increased by increase in size of family. 1917D, 809. Sufficiency of proof of contract to pay serv- ant for extra services. 1917D, 809. Effect of death oi servant before master on contract to leave servant certain sum by will if he continued to serve the master until the latter's death. 1917D. 809. Right of employee compensated on basis of percentage of sales to itemize state- ments of accounts and copies of corres- pondence. 1915B, 1052. Sufficiency of title of statute as to. 19] 6A, 651. Special legislation as to. 1916 A, 651. Delegation of power by statute regulating. 1917C, 944. Fixing minimum wage for children. 1917C, 944. Denial to employer of right to appeal from findings of industrial commission fix- ing minimum wage. 1917C, 944. Power of Congress to make temporary wage regulation for interstate railroad em- ployees to avert strike. 1917E, 938. Statute providing fine for fr.ilure to pay wages in cash. 191 5B, 645. Requiring payment of employees within cer- tain time after termination of service. 1915A, 884. Forbidding assignment of future wages. 1915B, 191. False pretenses by employee who, having as- signed his wages, procures them to be paid to himself. 1916D, 267. Rights of assignee of wages. 1915E, 1017 : 1916E, 247. Effect of discharge of employee in bank- ruptcy on assignment of future wages. 1916E, 247. Hours of labor. Annotation. Construction, applicability, and effect of Hours of Service Laws. 1917 A, 12O2. Indictment for violation of statute as to. 1917C, 922. Burden of proof in prosecution for violation of statute as to. 1915D, 408. Delegation of power by statute regulating. 1917C, 944. Unconstitutional discrimination by regulat- ing. 1915F, 829; 1916B, 1270; 1917C, 62. Unintentional omission of single instance of excessive service by employee from master's report to Interstate Commerce Commission. 1917A, 1198. What constitutes act of God within meaning of proviso in Hours of Service Act. 1915D, 408. Admissibility under pleadings of evidence in action for violation of hours of service act. 1915D, 408. Power of Congress to regulate hours of labor of interstate railroad employees. 1917E, 938. Validity of ten-hour law. 191 7C, 1162. Regulating hours of labor of stationary fire- men. 1916B, 1270. Forbidding merchants to keep stores open after 6 P. M. 1916A, 651. Limiting hours of labor of women. 1915F, 829; 1916B, 1236. Limiting hours of labor for children. 1917C, 944. Computation of time in determining Avhether statute regulating hours of labor has been violated. 1915D, 408. Excessive hours of work as cause of accident resulting in injury to employee. 1916B, 1281. Termination of relation; discharge. Annotations. Constitutionality of statutes restricting right of employer to discharge em- ployee. 1917B, 1122. 280 MASTER AND SERVANT. Constitutionality of statutes requiring the employer to furnish a dis- charged employee u-ith a state- ment of the cause of his discharge. 1917B, 1115. Liability of labor union for procuring one's discharge. 1917C, 1O56. Wliere service is restricted to a single act. 1915E, 439. Effect of death of servant to terminate con- tract relation?. 1917D, 809. Conspiracy to procure discharge of em- ployee. 1915D, 785, 789; 1917C, 1053. What constitutes breach by employer of in- divisible contract for services for a cer- tain time. 1916F/926. Libel by service letter issued to discharged employee. 191 6D, 587. Requiring employer to give discharged em- ployee true statement of cause of dis- charge. 1917B, 1108. Compelling employer to disclose to em- ployees communications made by or to him as to qualifications of discharged employee. 1917B, 1108. Forbidding discharge of employee upon in- formation furnished by any person without giving him an opportunity to be heard in the presence of the inform- er. 1917B, 1119. Giving inefficiency as cause for discharge where evidence tends to show that em- ployee was efficient. 1917B, 1108. Discharge for failure to comply with con- tract to render services satisfactory to the employer. 1916F, 882. Successive actions for wrongful discharge. 1916F, 926. Right of one employed on commission to recover loss of profits on unlawful termination of employment. 1916B, 868. Suit by member of railroad relief associa- tion for accounting on his wrongful dis- charge. 1916A, 1145. Right of employer who has failed to accept conditional offer of employee to resign, to discharge the employee thereafter. 1915D, 477. Requiring payment of employees within few hours after termination of service. 1915A, 884. Liability of master to servant gener- ally. When relation exists, see supra. Proximate cause of injury to employee, see PROXIMATE CAUSE. Release of employer from liability for in- jury to servant, see RELEASE. Injury to seaman, see SEAMAN. As to validity and effect of Workmen's Compensation Law, see WORKMEN'S COMPENSATION. Annotations. Applicability of rule res ipsa loquitur as between master and servant. 1917E, 4. Employer's agreement to pay employee during disability, or his contribu- tion to insurance, as affecting, or affected by, recovery against him. for personal injury. 1917 B, 116O. Liability of master for the intentional killing or injury of a servant by a third person. 1917F, 753. Insurance against master's liability. 1915A, 153, 629; 1915C, 155; 1915F, 958; 1916D, 395, 1027; 1916E, 597; 1916F, 876; 1917D, 952. Raising objection for first time on appeal in action for injury to servant. 1915E, 519. Allegations as to negligence toward servant! 1917E, 182. Presumption and burden of proof in case . of injury to servant. 1915D, 503 ; 1915F, 15; 1917E, 1, 178, 182, 198, 215, 233, 242. Presumption from withholding of evidence in action for injury to servant. 1915D, 557. Evidence in action for injury to servant. 1915A, 153; 1916D, 311; 1915E, 613, 1021; 1915D, 503; 1917F, 1043. Special interrogatories in action for injury. 1915F, 803. Master's negligence as question for jury. 1917F, 671. Sufficiency of proof of negligence. 1917E, 1. Sufficiency of proof of cause of death of serv- ant. 1915E, 519. Instructions in action for injury to servant. 1915F, 803; 1917E, 242. Requiring defendant employer to permit plaintiff to take measurements and photographs for purpose of preparing for trial in action for personal injury. 1917E, 833. Judgment in favor of injured employee based on negligence, as bar to rction on employer's agreement to pay em- ployee during disability. 1917B, 1158. Collateral attack on settlement with sanc- tion of court of suit against employer for death of employee. 1917A, 270. Waiver by employee of benefit of constitu- tional provision forbidding statutory limitation of recovery for personal in- juries. 1916A, 389. Garnishment of proceeds of employer's lia- bility insurance. 1917C, 1061.' Conflict of laws as to master's liabilitv. 1916A, 428, 432; 1916D, 637, 685. When right of action for injury to servant is barred. 1916F, 949. Examination of jurors in action in which defendant is indemnified by employers' casualty company. 1915A, 153. Municipal liabilitv for injurv to employees. 1915C, 741; 1916C, 388." Personal liability of officer of corporation for injury to employee. 1915C, 874. Joint liability for injury to servant. 1915C, 20. Liability where there was no reasonable ground to anticipate that particular act would cause injury. 1916F, 866. MASTER AND SERVANT. 281 Excessive hours of work as cause of accident resulting in injury to employee. 1916B, 1281. Unlawful employment of children. 1915A, 1196; 1915F, 803, 1082; 1917A, 1128; 1917D, 75. Duty to employ a suitable number of serv- ants. 1917D, 959. Notice to employer of injury to employee. 1915E, 519; 1915F, 551; 1917A, 76. Liability for failure to employ physician for injured employee. 101 50, 789. Federal Employers' Liability Act. Effect of Federal Employers' Liability Act to invalidate contract exempting car- rier from liability for injury to Pull- man porter. 1915D, 510. Amendment of complaint to' bring action within Federal Employers' Liability Act as affecting limitation of actions. 1916D, 316. When right of action under Federal Em- ployers' Liability Act accrues. 1916E, 1095. Abatement of action under Federal Employ- er's Liability Act. 1916C, 964. Joining counts at common law and under the Federal Employer's Liability Act. 1915C, 33. Application of doctrine res ipsa loquitur in action under Federal' Employers' Lia- bility Act. 1917E, 215. Application of ordinary rules in action un- der Federal Employers' Liability Act. 1917E, 741. Looking to law of state to determine question left in doubt by Federal Em- ployers' Liability Act. 1915C, 27. Effect of Federal Employers' Liability Act to supersede state statute. 1915C, 1. Abrogation of defense of assumption of risk by. 1915C, 1, 9; 1916E, 927. Abrogation of fellow servant rule by. 1917C, 37. What constitutes ways and works of the em- ployer within meaning of. 1915F, 1036. Duty under Federal Employers' Liability Act to keep trains under control, main- tain lookout, or give warning of ap- proach of trains. 1915C, 27. Question as to construction of Federal Em- ployers' Liability Act as conferring ap- pellate jurisdiction. 1915C, 1. Questions reviewable on appeal from allow ance of damages under Federal Employ- er's Liability Act. 1916C, 817. Effect of fraud preventing action under Fed- eral Employers' Liability Act within prescribed time. 1917E, 322. Setting off against judgment in action un- der Federal Employers' Liability Act amount which employer owes employee for insurance under special contract. 1917E, 539. Permitting less than unanimous verdict in action under. 1917F, 367. When injured servant is within protection of the Federal Employers' Liability Act. 1915C, 17; 1915D, 503, 557; 1916A, 403; 1916C, 797; 1916E, 916; 1916F, 540; 1917D, 1; 1917E, 262, 677, 734. Liability under Federal Employers' Lia- bility Act for assault on servant by fellow servant. 1917E, 741. Applicability to injury within operation of Federal Employers' Liability Act of contract requiring servant to notify master of injury. 1915F, 551. Duty of jury to apportion negligence cf em- ployer and employee under. Federal Em- ployers' Liability Act. 1916C, 800. Who entitled to recover for death under Federal Employers' Liabilitv Act. 1916C, 800, 964; 1916E, 185. Apportionment of damages for death. 1916C, 800. Extent of recovery under Federal Employ- ers' Liability Act. 1915E, 1201; 1916C, 817; 1916E, 185; 1917E, 1050. Recovery of punitive damages under Fed- eral Employer's Liability Act. 1917 F, 717. Reduction to present cash val'-e of future benefits of which beneficiaries are de- prived by death in action under Federal Employers' Liability Act. 1917F, 367. Rules and regulations; methods of work. Servant's disobedience to rules, see infra. Failure to establish proper rules as proxi- mate cause of injury to servant. 1915C, 33. Question for jury as to care of employer to see that rules are enforced. 1917C, 328. Reasonableness of rule. 1916E, 927. Effect of rule to relieve yard engines of duty of taking precautions to protect them- selves from extras. 1916E, 927. Waiver by employer of obedience to rule. 1915F, 558. Sufficiency of proof of abrogation of rule. 1916E, 927. Sufficiency of proof of custom to violate rule. 1915F, 1114. Burden of proving that servant violating rules did so in performance of duty. 1915D, 503. Duty to warn or instruct. Annotation. Liability of master for intentional "kill- ing or injury of a servant by a third person where the master knoirhif/- ly exposed the employee to danf/er without warning him. 1917F, 753. Delegation of duty. 191 7C, 328. Duty under Federal Employer's Liability Act to give servant working on tract warning of approach of trains. 1915C, 27. Liability of master on ground that he has failed to perform his nondelegable duty of giving signals, for injury to employee under duty to give them himself. 1916F, 907. Duty to warn employee working on tracks of approach of trains. 1916F, 551. MASTER AND SERVANT. Failure to warn street car conductors of danger from intoxicated passengers. 191 6E, 332. Duty to warn servant of risk of in ..ry by nails in scaffolds. 1915F, 1036. Warning to children. 1915F, 658. Safety as to place and appliances. in general. Delegation to fellow servant of duty as to, see infra. Assumption of risk as to, see infra. Annotations. Applicability of rule res ipsa loquitur as between master and servant. 1917E, 4. Applicability of rnle res ipsa loquitur in case of injury to servant by ex- plosion. 1917E, 187. Applicability of res ipsa loquitur in case . of injury to servant by fall of ob- ject. 1917E, 20 1. Applicability of res ipsa loquitur in case of injury to servant by break- ing of rope, chain, etc. 1917 'E, 239. Applicability of res ipsa loquitur in case of injury to servant by electrical appliances. 1917E, 248. Liability for injuries caused by lack, or insufficiency of fire escapes. 1917C, 1153. Duty under Employers' Liability Acts of oivner to servants of contractor, or of principal contractor to serv- ants of subcontractor, as to con- dition of place or appliance. 1917 D, 991. General rule as to. 1915F, 21. Effect on, of Workmen's Compensation Act. 1916A, 389. Presumption and burden of proof as to neg- ligence. 1915F, 15; 1917D, 115; 1917E, 178, 182, 233, 242. Question for jury as to safety of appli- ances. 1917F, 671. Rule as to master's duty embraces both human instrumentalities and mechani- cal devices. 1917D, 959. Notice to foreman of defective condition of tools, as notice to master. 1916F, 1237. Injury to employee from defect in simple tool used by fellow servant. 1915F, 1237. Liability for injury through failure to make necessary repairs, to servant whose duty it is to see that repairs are made when needed. 1915F, 806. Duty to furnish employee in wood working plant timber free from knots. 1916F, d66. Injury by vicious horse. 1015B, 433. Injury by chip from steel chisel. 1915C, 9. Injury by head flying off maul. 1916F, 1237. Duty as to fire escapes. 1915E, 519. Injury on elevators. 101 5F, 712. Scaffolds. 1915F, 15, 1036; 1917F, 497, 500. Explosions and explosives. 1917E, 178, 182: 1917F, 1043. Breaking of cable. 1917E, 233. Electrical uses and appliances. 1916C, 1270; 1916D, 962, 1064; 1917E, 242. machinery. Enforcement in other state of statutory right of action for injury by defective machinery. 1916D, 685. Attempting to move machinery with crane of insufficient capacity. 1917C, 1199. Guarding dangerous machinery. 1915F, 1000; 1916F, 866, 949. in mines. Effect of statute requiring employment of mine foreman, and absolving master from liability for their negligence, on master's duty as to place and appli- ances. 1916C, 1270. What places must be made safe. 1916F, 1220. Injury by uninsulated electric wire in mine entry. 1916C, 1270. railroad and street railway cases. Proximate cause of injury, see PBOXEMATE CAUSE. Annotations. Applicability of res ipsa loquitur in case of injury to servant by derail- ment of rolling stock. 1917E, 212. Applicability of res ipsa loquitur in case of injury to servant from de- fect in rolling stock. 1917E, 226. Presumption and burden of proof as to negligence. 1917E, 210, 215. Duty to servant while in company's yards in disobedience of order of his superior. 1916F, 95. What is a "way" within meaning of statute. 1915C, 39. Requiring inexperienced and youthful em- ployee to travel along top of cars while train is in motion and wind is blowing and while boards on one car are loose. 1917E, 215. Duty as to track and roadbed. 1916E, 204; 1916F, 1219; 1917D, 959; 1917F, 802. Failure to illuminate at night low bridge over tracks. 1915F, 838. Condition of cars generally. 191 7E, 215. Safety appliances; couplers. 1916D, 1042; 1917A, 558; 1917E, 1, 210. Using light locomotive. 1917F, 802. Using stub pilot instead of long-nosed pilot on engine. 1917F, 802. Statute regulating form and construction of caboose cars. 1915D, 458. Death of fireman by overturning of engine. 1917E, 210. Running of trains. 1916C, 27, 39, 428; 1916F, 95; 1916E, 204. inspection. Dutv to inspect simple tools. 1916F, 1237 ; 1917E, 677. MASTER AND SERVANT. 283 Duty to ascertain whether charge of dyna- mite has exploded before permitting em- ployees to go to the spot to work. 1916D, 311. Selection and retention of employees. Master's duty to furnish reasonably com- petent fellow servants. 1915F, 21. Statute abolishing assumption of risk aris- ing out of failure to exercise care in selection of servant; effect on master's defense of freedom from negligence. 1917D, 15. Liability to volunteers and servants of third persons. Landlord's liability to servants of tenant, see LANDLORD AND TENANT. Annotations. Duty -under Employers' Liability Acts of owner to servants of contractor, or of principal contractor to servants ^of subcontractor, as to condition of place or appliance, 1917D, 991. Responsibility of general employer for negligence of employee in operat- ing elevator for convenience of ^cor^tman not in former's employ. 1917E, 96-. Question for jury as to. 1916B, 987. Volunteers. 1915F, 25; 1916F, 95; 1917C, 1199. Servants of third person generally. 1915F, 1125; 1916B, 987; 1916D, 311. Injury to servants of contractor. 1916D, 836. Servant's assumption of risks. in general. Annotations. Effect of rule as to assumption of risk on application' of rule of res ipsa loquitur. 1917E, 52, 194, 2O9. Inference of assumption of risk, as af- fecting applicability of res ipsa lo- quitur in case of injury to servant by explosion. 1917E, 194. Question for jury as to. 19150, 9; 1916D, 1042. Right of master to benefit of evidence given by plaintiff tending to show assumption of risk. 19] 5C, 9. Effect of erroneous statement in instruc- tions as to assumption of risk in case where that doctrine does not apply. 1917E, 242. Application of maxim of res ipsa loquitur where doctrine of assumption of risk has been abrogated. 1917E, 242. Application of rule of assumption of risk to interstate as well as intrastate com- merce. 1917C, 481. Validity of contract as to. 1917D, 641. Validity of statute abolishing defense of. 1916A, 389; 1917D, 15, 71. Effect of statute to abolish defense of as- sumption of risk. 1915C, 1, 9, 39; 1916E, 927. Effect on, of Workmen's Compensation Act. 1916A, 389; 1916B, 1281; 1916D, 412. Effect of statutory provisions abolishing de- fense of assumption of risk on master's right to set up defense of freedom from negligence. 1917D, 15. Duty of servant to exercise his own skill and diligence to protect himself. 1917C, 481. dangers obvions and incidental to work. Effect on, of Workmen's Compensation Act. 1916B, 1281. By servant employed to work on electric wires. 1916B, 1281; 1916D, 962. Risk of falling from roof because of absence of gutters or hangers. 1915D, 157. Risk of heat prostration. 1915E, 613. defective or dangerous tools, ma- chinery, appliances, places, or methods of work. Effect of servant's knowledge, see infra. Effect of Federal Employers' Liability Act on. 1915C, 1. Risk of maul flying from handle. 1916F, 1237. Risk of injury by explosion of missed shot in blasting. 1915F, 578; 1916D, 311. Danger of being caught between standing post and an engine of unusual width while moving engines in round house. 1916D, 1206. Danger arising from condition of track and roadbed. 1915E, 417. Defective couplings on cars. 191 6D, 1042. Method of running trains or cars. 1916E, 927. knowledge by servant of defect or danger. Injury to minor employees, see infra. Opinion evidence as to mental capacity to appreciate danger. 1915F, 558. Recovery at common law where servant knew of the danger. 1917E, 242. Assumption of risk from improper method of work, of which employee knows but the danger of which he does not appre- ciate. 1917F, 1043. Statute permitting recovery under certain conditions notwithstanding servant knew of the danger. 1917E, 242. Effect of knowledge on duty to comply with command. 1917C, 481. Assumption by street car conductor of risk of injury of working with incompetent motorman. 1916F, 1208. Risk of epileptic seizure by servant working about blast furnace. 1915E, 369. Danger of unsafe roof of tunnel. 1915F, 810. Master's promises and assurances. 1915C, 9. 284 MASTER AND SERVANT. compliance with commands. Knowledge by servant of danger of comply- ing with order, or equal means with employer of knowing danger. 1917C, 481. Where order was not a negligent one. 1917C, 481. Obeying direction of employer to drive coun- try horse not broken to streets of city a second day after reporting its bad behavior on first day of trial. 1915JB, 433. Attempt of servant to operate lifting jack which is beyond his strength when com- manded to do so by his foreman. 1916D, 445. minor employees. Question for jury as to ability of minor to appreciate danger. 1915F, 558. Evidence of admissions by minor injured during course of work. 1915F, 558. Opinion evidence as to mental capacity to appreciate danger. 1915F, 558. Risk of handling dangerous or defective ma- chinery. 1915F, 558. fellow servant's negligence. Assumption by servant of risk of injury from negligence of fellow servant aug- mented by that of the master. 1916C, 1270. Assumption by street car conductor of risk of injury of working with incompetent motorman. 1916F, 1208. Contributory negligence of servant. in general. Annotation. Inference of contributory negligence as affecting applicability of rule res ipsa loquitur in case of injury to servant by explosion. 1917E, 194, 209, 215, 231, 24=1, 249. Abrogation of defense by statute. 1916A, 389; 1916D, 412; 1916F, 949; 1917D, 15. Question for jury as to. 1916D, 962, 1042. Special interrogatories as to. 1915F, 803. Presumption and burden of proof as to. "1915F, 558; 1917D, 15. Evidence on question of. 1917A, 1128. Admissibility under pleadings of evidence of mental incompetency of injured servant offered to negative contribu- tory negligence. 1917D, 556. Contributory negligence as proximate cause of injury. 1916D, 1064. Application of doctrine of last clear chance. 1916F, 95. Effect of negligence of servant in choosing dangerous method of doing work though master has been negligent in failing to warn him and in failing to supply safe- ty appliances. 1917F, 881. Duty of servants to determine whether ma- terial furnished for scaffold is suitable for the purpose. 1917F, 500. Going upon wet and slippery walk along mill dam in performance of duty. 1916A, 10. . Hitting mule with whip while stopping near its heels. 1916D, 1229. Tripping over foot scraper set adjacent to space leading into master's office. 1915F, 583. Of infant. 1915F, 558, 803; 1917A, 1128; 1917F, 187. railroad and street railway cases. Disobeying rules, see infra. Question for jury as to. 1916D, 1042. Application of doctrine of last clear chance. 1916F, 95. Drunkenness of section foreman. 1916F, 95. Of employee struck by fender of engine whose presence he was anticipating. 1916C, 428. Right of foreman of construction gang to rely on observations by those in charge of trains of rules established for move- ment of trains. 191 5C, 27. In coupling cars. 1915F, 3. Disobedience of rules. Effect of usage or practice to violate rule. 1915F, 1114. Sufficiency of proof of abrogation of rule. 1916E, 927. Exercising only ordinary care to comply with rules. 1916E, 263. Effect of disobedience of rule where observ- ance of it would interfere with compli- ance with another rule. 1916E, 263. Liability for injury to servant through dis- obedience of rule by other servant. 1916E, 263; 1916F, 869. Failure of servant entering mine to obey rule as to signal before entering. 1916F, 907. Railroad and street railway cases. 1915C, 33; 1916E, 263; 1916F, 95. Fellow servants and. their negligence. in general. Negligence in selection and retention of fel- low servnt, see supra. Annotations. Effect of fellow servant rule on appli- cation of rule res ipsa loquitur. 1917E, 52, 194, 208, 232, 241, 249. Inference of negligence of fellow serv- ant as affecting applicability of rule res ipsa loquitur in case of in jury to servant by explosion. 1917E, 194. Liability of fellow servant. 1916F, 561; 1917E, 1152. Validity of statute abolishing defense of. 1916A, 389. 1 Act of fellow servant as proximate cause of injury. 1916D, 311. Liability of shipowner for injury to seaman by negligence of boatswain. 1917F, 671. MASTER AND SERVANT. 285 delegation of master's duty to. Of master's own positive duty. 1915F, 810. As to warning of danger. 1917C, 328. Duty to repair defects in tools arising from daily use. 19i5E, 699. Duty to provide all permanent conditions of safety for the service required. 1915F, 810. Duty to keep roof of tunnel safe. 1915F, 810. Negligence of foreman in construction of scaffolds. 1915F, 15. concurrent negligence of master and fellow servant. Assumption by servant of risk of injury from negligence of fellow servant aug- mented by that of the master. 1916C, 1270. Theory that negligence of foreman combined with his negligence as a fellow servant in causing injury. 1916F, 1208. change of rule by statute. Application of maxim res ipsa loquitur where doctrine of fellow servant has been abrogated. 191 7E, 242. Constitutionality of statute. 1917D, 15. Abolition of defense that injury was caused by fellow servant on ri^it to set up defense of freedom from negligence. 1917D, 15. Effect of Federal Employers' Liability Act. 1915C, 37. Abrogation of fellow servant doctrine by Workmen's Compensation Act. 1916D, 412. who are fellow servants. Servants of independent contractor as fellow servants of employees of property own- er. 1916D, 836. Boatswain supervising unloading of cargo as vice principal with respect to seamen. 1917F, 671. Operator of elevator as fellow servant of stenographer riding thereon. 1915F, 782. Employees in sacking department of cement plant as fellow servants of employee in packing department. 1915E, 699. Boiler maker and his helper as fellow serv- ants. 1915C, 17. One operating ore cars in mine as fellow servant of employee injured by negli- gence of former in failing to place a lamp on the front of the car when start- ing on a trip. 1916D, 405. for -what acts of fellow servant master is liable. Who are fellow servants, see supra. Under Workmen's Compensation Act, see WORKMEN'S COMPENSATION. Acts done in disobedience of master's rules. 1916F, 869. Negligence of servant acting in violation of express orders. 1915F, 21. When negligent servant is acting within scope of his employment. 1915F, 21. Liability of owner of building applying to labor union for foreman to paint it, for the latter's negligence in construction of scaffolds, though it was agreed that the painters should construct their own scaffolds. 191 5F, 15. Negligence of fellow servant in dislodging brace of scaffold. 1917F, 497. Negligence of fellow servant in foiling to place light on reversed engine accord- ing to rule. 1915C, 428. Assault by servant on fellow servant. 1916C, 1200, 1203; 1916E, 1151; 1917E, 741. Master's liability for acts of servant or independent contractor. for acts of servant or agent. When relation exists, see supra. Carrier's liability for acts of employees towards passenger, see CABRIEBS. Damages for, see DAMAGES. Liability of city for negligence of its offi- cers or agents, see MUNICIPAL CORPO- RATIONS. Annotations. Liability of bank, -for misappropriation of collections by its employees. 19 17 A, 522. Liability of railroad company for per- sonal injuries by objects thrown from moving train. 1917B, 916. Effect of verdict for servant in an ac- tion against master and servant for servant's negligence or misfea- sance. 1917E, 1O29. Liability of railroad company for act of employee in inviting pedestrians to cross train obstructing highway. 1917E, 823. Liability of master for injury to person riding with servant by latter's in- vitation or permission. 1917F, 425. Liability of owner of automobile upon the ground of dangerous agency or negligence in intrusting car to in- competent or negligent person for injuries inflicted while the latter is operating the car for his own pur- pose. 1917F, 384. General rule as to. 191 7F, 1043. Applicability to rule of respondeat superior to corporations. 1916E, 771. Liability of hospital for negligence of nurse. 1915D, 334, 1167. Liability of county. 1916B, 1261. Right to enter judgment against master for wrongful act of servant where verdict has been returned in favor of the serv- ant. 1917E, 1023. Question for jury as to whether servant was acting within scope of authority. 1917E, 715. Admissibility against master of admissions of agent or servant. 191 5A, 153. Evidence to show real character of act for which master is sought to be held liable. 1915F, 516. 286 MASTER AND SERVANT MATERIALITY. Admissibility in action against railroad to recover for assault by its agent, since deceased, of testimony of the victim as to the assault. 1916D, 810. Sufficiency of evidence to take case to jury. 1916D, 836. Liability for employee's failure to observe prescribed rules and instructions. 1917F, 1043. Liability for injury to business of physician by act of employee in carrying into effect rules of relief association. 1916B, 835. Liability for acts of special policemen. 1915F, 714. Liability of telegraph company for injury to pedestrian by its messenger who, hav- ing snatched a paper from a newsboy, in attempting to escape runs heedlessly against the person injured. 1917F, 489. Liability of owner of ranch for injury to em- ployee of one contracting to saw wood for him by negligence of his foreman who attempts to feed the wood to the saw himself. 191 6D, 836. Failure of servant in charge of powder house to object to removal of powder by small boys; effect on master's lia- bility for injury. 1917 A, 1290. Liability of one conducting school for in- struction in automobile driving for in- jury through incompetence of pupil intrusted with management of car by teacher. 1917A, 394. Liability of owner of automobile for negli- gence of driver while using car for his own purpose. 1916A, 954. Authority of driver of moving van to in- vite owner of goods to accompanv them on the van. 1917F, 422. Act of engineer in inviting child to ride on engine. 1915E, 888. Injury by wood thrown from engine by fireman for his own use against rules of company. 1917B, 915. Invitation of crossing tender to cross be- hind train blocking highway crossing as beyond scope of authority. 1917E, 819. Act of fireman in ordering trespassing boy off moviag train, as within scope of au- thority. 1917C, 1066. Damages resulting from fire maintained by laborers on railroad right of way for their own domestic purposes. 1917F, 1120. Liability for injury to eight year old boy attempting to assist in pushing car along track in disobedience of orders. 1917F, 116. Negligent use of signal torpedo by brake- man. 191 6F, 945. Liability of railroad company for negligence of servants causing loss of mail in transportation. 191 5 A, 374. Act of elevator operator in agreeing with independent contractor engaged in work upon the shaft not to let the car descend below a certain floor with- out permission from the contractor. 1917E, 961. Liability of one maintaining elevator for negligence of persons employed to in- spect it. 1916C, 1245. Tortious act of servant toward trespasser. 1916E, 1134. Wanton or malicious acts generally. 1915C, 1183. Abuse by servant. 1915F, 516; 191 6E, 912. Assault. 1915E, 704; 1916C, 1200, 1203; 1-916E, 356, 1151; 1917E, 741. Libel or slander by servant. 1915D, 867; 1917D, 559. Act of bartender in pouring alcohol over foot of guest and setting fire thereto. 1916E, 269. Conversion. 1915F, 1009. Theft. 1915C, 712. False imprisonment. 1915F, 1247. for acts of independent contractors. Liability of municipality. 1917D, 234. Injury to employee of subcontractor, due to defective appliances. 1917D, 988. Liability for injury to one volunteering to assist independent contractor. 19l5F, 1125. Injuries by defective appliances. 1915F, 15. Negligence in blasting. 1916D, 101. Negligence in permitting loose materials to blow from top of building. 1915F, 835. Drowning of child in well dug by independ- ent contractor for his own purpose. 1915A, 731. Liability of carrier for injury to business of shipper by failure of its agent to forward promptly logs tendered for shipment. 1915C, 250. Who are independent contractors. 1915D, 476; 1915F, 1125. Liability of servants or independent contractors. Liability of agent for negligence. 1917C, 77. Right of agent of city to city's exemption from liability for injury by his negli- gence. 1916D, 508. Liability of workman, employed to repair work, for injury resulting from negli- gence in doing the work. 1916F, 566. For injuries to other servants. 1916F, 561 ; 1917E, 1152. Liability of independent contractors. 1915E, 766; 1917A, 128; 1917C, 907; 1917D, 234; 1917E, 1092. MATCHES. Annotation. Construct inn and effect of provisions against Jteepinf/. on insured prem- ises. 1917C, 27S. MATERIALITY. Of alteration of instrument, see ALTEBATION OF INSTRUMENTS. Of evidence, see EVIDENCE. MATERIALS MECHANICS' LIENS. 287 MATERIALS. What are materials within protection of contractor's bond, see BONDS. Lien for, see MECHANICS' LIENS. MATTRESSES. Forbidding use of secondhand material in making. 1916C, 775. MATURITY. Of note, see BILLS AND NOTES. MAUL. Injury to employee because of defect in. 1916F, 1237. MAXIMS. As to equity principles generally, see EQUITY. MAYHEM. Wilfulness as part of the offense. 1916E, 492. Biting ear of adversary in mutual combat; right to instruction on simple assault. 1916E, 492. MAYOR. Effect of acceptance by mayor of other office to vacate office of mayor. 1917A, 211. Removal of, from office. 1916D, 1090. Mandamus to. 1916D, 321; 1917F, 535. Authority of mayor to sign contracts as including authority to sign bonds. 1915A, 1009. MEANING. Parol evidence as to, see EVIDENCE. MEASURES. See WEIGHTS AND MEASURES. MEAT. Liability for sale of unfit meat. 1272. 1917B, Sufficiency of proof of violation of ordinance penalizing fraudulent sale of spoiled meat. 1916E, 326. Prosecution under state statute for sale in original package of diseased meat shipped from other state. 1917B, 1272. MECHANICS' LIENS. In general. The right; when lien exists. Priorities. For what work or materials. To what property attaches. Of subcontractors and materialmen. How waived or defeated. Enforcement; procedure. In general. Annotation. Who may take advantage of failure to file assignment of a building con- tract or of the money due there- under. 1917F, 1127. Application in favor of attaching creditor of contractor, or one having judgment against him for personal injuries, of provision in Mechanics' Lien Law, that no assignment by a building contractor of funds due under the contract shall be valid unless recorded. 1917F, 1123. Application of payments made by contractor to materialmen. 1916D, 1247. The right; when lien exists. Annotation. Power of lessee or vendee to subject owner's interest to mechanics' lien. 1917D, 577. Lessee as agent of landlord for creation of mechanics' liens. 1917D, 575. Right of architect to, where owner abandons construction of the building. 1915D, 204. Priorities. Over mortgage. 191 7C, 1116. Between mechanics' lien and attorneys' fees provided for by mortgage. 1917C, 1116. Priority between judgment creditors of rail- road company and mechanic's lien in favor of construction company, members of winch are directors of the railway. 1916A, 779. For what work or materials. Annotation. Mechanics' liens for cultivation, care or improvement of soil, or beau- tifying premises generally. 1O17D, 351. 288 MECHANICS' LIENS MEMORANDA. Lien for cultivating and caring for an or- chard. 1917D, 349. Necessity of actual delivery upon the prem- ises of material sold contractor for use in building. 1915E, 302. Materials not used. 1915B, 708; 1915E, 302. Supplies for, and repairs to, machinery of contractors used in excavating. 1915B, 708. Materials for erection of tool house. 1915B, 708. Lighting materials and supplies. 1915B, 708. Lubricants. 1915B, 708. Explosives. 1915B, 708. Coal consumed by machine used in construc- tion of railway. 1917C, 580. Coal sold to highway contractor and used to generate steam to propel engines. 1915E, 986. Coal and gasolene for generation of power. 1915B, 708. To what property attaches. Annotation. Mechanics' liens upon building distinct from the land. 1917C, 1119. Right to enforce lien against building dis- tinct from land. 1917C, 1116. Trust property or proceeds thereof. 1916B, 1264. Of subcontractors and materialmen. Effect of application by materialman of money paid him by contractor, who had received it on account of a particu- lar job, upon accounts against the con- tractor arising out of other jobs. 1916D, 1247. Effect of bankruptcy of principal contractor on liens of subcontractors and material- men. 1916F, 106. How waived or defeated. Abandonment of construction of building by owner. 1915D, 204. Effect of application by materialman of money paid him by contractor, who had received it on account of a particular job, upon accounts against the con- tractor arising out of other jobs. 1916D, 1247. Enforcement; procedure. Right to enforce mechanics' lien against building distinct from the land. 1917C, 1116. Necessity of filing, before bringing action on contractor's bond. 1917D, 722. Time of filing lien or giving notice. 1915D, 204; 1915F, 1132. Personal judgment for deficiency. 1915F, 1132. MEDICAL ASSOCIATION. Delegation of power to. 1917D, 996. Libel in giving name of slow-pay patients to list prepared by association. 1916B, 915. MEDICAL SERVICES. In general, see PHYSICIANS AND SUBGEONS. Annotation. As necessaries within statute rendering wife or her property liable there- for. 1917F, 863. Allowance for, under Workmen's Compensa- tion Act. 1916A, 1; 1916F, 957. MEDICAL TREATMENT. Annotation. Duty of injured employee seeking re- covery under Workmen's Compen- sation Act to submit to. 1917D, 174:. MEDICINE. Practice of, see PHYSICIANS AND SUBGEONS. Death of employee through mistake in tak- ing, as within protection of Workmen's Compensation Act. 19 17 A, 349. MEETINGS. Of corporate officers, see CORPORATIONS. Of stockholders, see CORPORATIONS. Disturbing religious meeting, see DISTURB- ING WORSHIP. Of school board, employment of teacher without. 1915 F, 1047. MEMBERSHIP. In associations generally, see ASSOCIATIONS. In benevolent society, see BENEVOLENT SOCIETIES. MEMORANDA. As evidence, see EVIDENCE. Memorandum required by statute of frauds. 1015C, 400; 1916C, '1098. Memorandum on note, effect on negotiabili- ty. 1916D, 632. Making memorandum on note as a material alteration. 1916D, 528. MENINGITIS MILITIA. 289 MENINGITIS. Death from meningitis resulting from snuff- ing nasal douche as accident. 1915B, 872. MENTAL ANGUISH. Damages for, see DAMAGES. MENTAL CONDITION. Opinion evidence as to, see EVIDENCE. MENTAL HEALERS. Annotation. Application to, of statutes regulating the practice of medicine. 1917C, S27. MERCANTILE ESTABLISHMENT. Annotation. Validity of public restriction as to loca- tion of. 1917F, 1O6O. What constitutes, within hours of labor statute. 1917C, 922.- Requiring closing of, at six o'clock in the evening. 1916A, 651. Limiting hours of labor of women in. 1916B, 1236. MERCHANTS. Duty to patrons as to condition of prem- ises, see NEGLIGENCE. As to sale of stock in bulk, see SALE. See also MERCANTILE ESTABLISHMENTS. Annotation. Legality of voting or popularity con- test. 19171), 489. License tax on use of coupons, etc., redeem- able in premiums. 1917A, 421. Validity of voting contest to increase trade of. 1917D, 485. MERCHANTS' EXCHANGE. See EXCHANGES. L.TI.A. Tri. Index 1915-17. 19. 3ME RGER. Of interest of mortgagee and owner on pay- ment of encumbrances by purchaser. 1915F, 771. Of tax title acquired by remainderman in conveyance of life estate to him. 1915E, 343. Of cause of action growing out of injuries and one based on death. 1915E, 1069. MERRY-GO-ROUND. In street. 1915F, 568. MESSENGER BUSINESS. Requiring one engaging in, to secure licenM and furnish bond. 1915D, 260. METER, For gas, see GAS. For water, see WATEBS. MEXICO. Annotation. Litigation arising out of Mexican revo- lution. 1917 A, 28O. MIDDLEMAN. Broker acting for both parties. 1915D, 257. MIGRATORY BIRDS. Power of Congress to provide for protection of. 1915F, 1031. MILEAGE TICKETS. Validity of regulations as to. 1915E, 902. Stipulation in, as to baggage. 1915E, 281. MILITIA. Trial of member of, see COTJBTS MARTI.* \. Requiring carrier to give special rate to militiamen. 1915C, 778. Power of legislature to create. 101 DE, 235. Extent of governor's power in calling out militia. ' 1915A, 1141; 1915B, 988. 290 MILITIA MINES. Review of governor's action in calling out militia. 1915A, 1141; 1915B, 988. Enlistment in militia as a contract; change of burdens and obligations. 1D15E, 235. Effect of failure of member of militia under a previous act to take the oath pre- scribed by a later act. 1915E, 2*35. Application to National Guard of provision against enlistment of person under eighteen. 1917D, 1056. Right of military officers to arrest leaders of insurrection and hold them in cus- tody. 1915B, 988. Liability of members to civil authorities. 1915A, 175, 1141. Liability of officers for destruction of prop- erty. 1917B, 702. Liability of subordinate officers for acts done in obedience to order of superior. 1917B, 702. Measure of damages for wrongful arrest by militiaman. 1915A, 1141. MILK. Annotation. Validity of regulations as to milk. 1917C, 243. Collecting, pasteurizing, and selling milk as a manufacturing process within tax exemption. 1917A, 48. Forbidding carrier to transport milk when warmer than a specified temperature. 1917C, 238. Requiring milk dealers to pay for their purchases of milk twice a month. 1917A, 480. MILL RACE. Drowning of child in. 1915A, 150. MILLS. Annotation. Situs of mill site or water poiver for purposes of taxation. 1917F, 591. Lowering valuation for taxation in one township of mill site because site ia flooded by a dam located in another township. 1917F, 585. Injury while cleaning debris from rack pro- tecting flume leading from mill dam as within protection of Workmen's Compensation Act. 1916A, 10. Drowning of child in mill race or reservoir. 1915A, 150; 1915D, 850. MIMIC RAILWAY. Presumption of negligence from injury to passenger on. 1917B, 1091. MINI: BOSS. Effect of statute requiring employment of, on master's duty. 1916C, 1270. MINES. In general; coal mines; quarries. Oil and gas. in general. drilling and operation of wells, leases. Mines on public lands. In general; coal mines; qnarries. Mas er's duty as to safety of working place and appliances, see MASTEB AND SERV- ANT. Annotations. Purchase of supplies by foreign mining- corporation as doing business with~ in state. 1917E, 1157. Liability of lessor of mine under Work- men's Compensation Act, for injunj to miners therein. 1917D, 145. Operation of mine as a nuisance. 1917B, 313. When does statute begin to run against action based upon removal of min- erals from real estate. 1917C, 116. Construction and effect of provision in mining lease excusing payment of minimum royalty. 1917E, O7S. Effect of war to render invalid agreement of English corporation to sell product of its mine to German citizens. 1917C, 650. Powers of managing partner of mining partnership. 1917F, 571. Right of managing partner of mining part- nership to compensation for his serv- ices. 1917F, 571. Right of riparian owner on navigable water to take ore therefrom. 1916C, 130. Pollution of water by mining operations. 1915D, 911. Statute requiring, maintenance of wash- houses for employees. 191 5B, 420. Who are fellow servants. 1916D, 405. Employee's assumption of risk. 1915F, 57S. When injury to miner is within protection of Workmen's Compensation Act. 191 6D, 637; 1917B, 372. Operation of coal mine as a nuisance. 1917B, .310. Taxation of mineral separate from the sur- face. 1916D, 304. Validity of gross production tax on mineral products. 1916F, 141. Discrimination in taxation of minerals. 1916F, 141, 154. Effect of tax certificate to carry mineral interest owned separately from mineral surface. 1916D, 304. MINES MINORITY STOCKHOLDERS. 291 When limitations begin to run against ac- tion for wrongful removal of ore. 1917C, 113. Validity of fifty-year option for a thirty- year mining lease. 1917D, 900. Abandonment of fifty-year option for a thirty-year mining lease by failure to explore and take a lease within thirty years after the contract was entered into. 1917D, 900. Lease as a mere option terminable at pleas- ure. 1915B, 561. Abandonment of rights by lessee. 1915B, 561. Effect of lease to vest title in lessee to mineral in place. 1915B, 561. Failure of lessee to begin mining within a reasonable time. 1915B, 561. Condition in lease relieving lessee from pay- ment of royalties under certain condi- tions. 1917E, 1075. Right to enjoin mining of coal under school building where title to property was taken with reservation of right to mine. 1917E, 672. Oil and gas. in general. Uniformity in taxation of mineral oil or natural gas. 191 6F, 141. Partition* of oil lands. 1916D, 1147. Conveyance as realty separate from the sur- face of oil and gas in place. 1917F, 989. drilling and operation of wells. Provisions as to, in lease, see infra. Liability for injury by. 1916B, 1002; 1917C, 1190. leases. Annotations. Surrender clause in oil or gas lease as rendering it unilateral. 1917B, 1206. Liability of the lessee in oil or gas lease for damages for failure to develop the leased premises during the term for which he has paid de- lay rental. 1917 A, 178. Liability of lessee for damages to les- sor for failure to protect leased premises from wells on adjoining land. 1917E, 981. Construction of oil or gas lease cover- ing tracts of land owned by differ- ent persons in severally. 1917D, 1124. Execution of oil and gas lease of land of infant. 1916F, 493. Sufficiency of consideration to support lease. 1917B, 1184. Mutuality of lease. 1917B, 1184. Division between lessors of royalty oil de- livered under a single lease of adjoin- ing tracts of land in which the several owners united. 1917F, 566. Effect of lease by several lessors of several tracts of land, for a gross price, to create a joint obligation on the part of the lessors. 1917D, 1115. Injunction to protect rights of lessor's grantee. 1915E, 570. Rights and title acquired under lease. 1917D, 1115. Right of lessee to sue for partition of leased oil lands. 1916D, 1147. Effect of lease to vest in grantee defeasible fee which may be taxed to him. 1917F, 989. Stipulation giving lessor right to free gas; construction. 1915E, 570. Liability for rent. 1915D, 1186; 1916B, 686. Duty of lessee to drill offset wells to pre- vent loss by drainage through wells on neighboring land. 1917A, 171. Liability of lessee for failure to drill wells on lessor's land to prevent draining of oil by wells on adjacent property. 1917E, 975. Implied covenant that lessee will operate diligently merely to make well profit- able to lessor. 1917A, 171. Conditions as to developing. 1915E, 1057; 1917A, 171; 1917D, 231, 1115. Time as essence of agreement as to develop- ing. 1917B, 1184. Burden of proof as to diligence or lack of diligence in conducting mining opera- tions. 1915E, 1057. Effect of surrender clause in lease. 1917B, 1184. Forfeiture for breach of conditions. 1916B, 686; 1917B, 1184; 1917D. 231, 1115. Waiver of default. 1916B, 686. Damages for breach of covenants. 1915E, 1057. Mines on public lands. Effect on legal effect of allowance of entry, of cancelation by land department of such entry and final receipt based upon a mistake of law. 191 5A, 1113. Notice of claim. 1915A, 1113. MINIMUM WAGE. Validity .of statute as to. 1917C, 944. Denial to employer of right to appeal from findings of industrial commission fixing minimum wage. 1917C, 944. MINISTER. See RELIGIOUS SOCIETIES. MINORITY STOCKHOLDERS. Rights of, see CORPORATIONS. 292 MINORS MODIFICATION. MINORS. See INFANTS. MISBRANDTNG. Of packages of food. 1917A, 1116. Of drugs. 1916D, 164. " MISCARRIAGE. Right to recover for miscarriage caused by fright. ICiYA, 394, 708. Measure of damages for. 1917A, 394. Evidence as to damages for. 1917A, 394. MISNOMER. See NAME. MISREPRESENTATIONS. In general, see FRAUD AND DECEIT. By insured, see INSURANCE. MISSILE. Annotation. Contributory negligence of child in- jured by object thrown from train. 1917F, 15O. Master's liability for injury by wood thrown from engine by fireman. 1917B, 915. Injury by spike hurled through air by rail- road train. 1915D, 278. Injury to pasenger by missile thrown into car. 1915C, 681. MISTAKE. In name, see NAME. In transmission of telegram, see TELE- GRAPHS . Annotations. As ground for relief from divorce. 1917B, 4:59. Mistake in computation by contractor as ground for relief. 1917D, 745. Alteration of position by payee as af- fecting right to recover bade money paid under mistake. 1917E, 34:9. Effect of mistake as to age on liability for improperly issuing marriage license or performing marriage ceremony. 1917E, 868, 874. Right to reinstatement of mortgage re- leased or discharged by mistake. 1917E, 1155. Effect of mistake as to location of elevator on contributory negligence of child falling doivn elevator shaft. 1917F, 199. Burden of proof as to. 1916B, 769. Parol evidence as to. 1915D, 766; 1915E, 1008. Of taxpayer in listing his land for taxation. 1915C, 929. In description of property devised. 1915E, 1008. Of insurance agent, estoppel by. 1915D, 766. Shooting of 'insured in mistake as to iden- tity as an intentional injury. 1915A, 538. Estoppel by mistake in bill rendered con- sumer of electric power. 1915B, 711. Effect of mistake as to identity of principal on contract of sale. 1916D, 792. As ground for refusal of specific perform- ance. 1917A, 200. As ground for rescission of contract. 1917A, 200; 1917D, 741. As ground for setting aside release. 1916B, 769. Reformation of instrument for. 1917A, 600, 602; 1917F, 663. Recovery back of payments made under. 1916A, 711; 1916E, 618; 1916F, 532; 1917E, 344. MITIGATION. Of damages, see DAMAGES. Relevancy of evidence to show, see Evi DENCE. MOBS AND RIOTS. Definition of "mob" or "riotous assemblage." 1915C, 578. What constitutes a mob; joining of pris- oners to whip another prisoner. 1915C, 578. Municipal liability for acts of mob. 1915C, 578. Suspension of attorney for participating in acts of mob. 1915C, 259. MODELS. Admissibility in evidence. 1917E, 258. MODIFICATION. Of contracts, see CONTRACTS. Of judgment, see JUDGMENT. Of will by codicil, see WILLS. MODIFICATION MONOPOLY AND COMBINATIONS. 293 Of offer before acceptance. 1917E, 1069. Of trust by equity. 1916B, 1073. Of instruction. 1915C, 704. MONEY. As to public money, see PUBLIC MONEYS. Retention of, by attorney, as ground for disbarment. 1917B, 378. Effect of bequest of bureau and its contents to pass title to money found therein. 1915C, 653. MONET HAD AND RECEIVED. See ASSUMPSIT. MONEY IN COURT. Adverse claims to; raising question for first time on appeal. 19 17 A, 685. Review on appeal of findings of trial court as to rights of claimants to. 1917A, 685. Assumpsit by one claimant against another who has received fund. 1917A, 685. Right of executor to maintain assumpsit to recover money paid into court and ob- tained by rival claimant. 1917A, 685. MONEY LENDERS. Failure of money lender to comply with statute as invalidating loan. 1915B, 851. MONEY RECEIVED. See ASSUMPSIT. MONOPOLY AND COMBINATIONS. In general; what constitutes. Combinations in restraint of trade, commerce, or competition. in general. of carriers or railroad com- panies. In general; what constitntes. Annotation. Right of carrier to grant exclusive train privilege to Baggage or pas- senger transfer companies. 1917F, 1085. Question of, as sustaining jurisdiction of appeal of United States Supreme Court. 1915A, 1099. Sufficiency of allegations as to. 1917B, 803. Right to set up defense that contract vio- lates anti-trust law. 1917A, 1276. Grant of exclusive privileges by carrier to baggage or transfer company, hacks, etc. 1915B, 358; 1917F, 1080. Exclusive contract by carrier with private corporation for loading of logs tendered for shipment. 1915C, 250. In collection of garbage. 1915D, 209. Effect of statute as to sale of anti-hog- cholera serum to create monopoly. 1916F, 136. Combinations in restraint of trade, commerce, or competition. in general. Contracts between two persons in restraint of trade, see 'CONTRACTS. Annotations. Validity of contract for material held in monopoly where letting to the lowest bidder is required. 1917 A, 4:4:2. Contracts in partial restraint of trade as' affected by modern anti-trust acts. 19 17 A, 379. Validity of contract provision seelcing to control price at which an article shall be resold. 19 17 A, 1285. May stockholders maintain action in the right of the corporation to re- cover penalty imposed by the Sher- man Act. 1917E, 1OO6. Enforcement of monopolistic contract. 1915C, 865. Conclusiveness of judgment for defendants in action to recover treble damages for illegal combination, in subsequent com- mon-law action for interference with business by threats, etc. 1915B, 1179. Prohibiting foreign corporation entering into illegal combination from continu- ing to do business in state. 1915A, 892. Right of stockholder to maintain action on behalf of corporation to recover penalty for injury caused by conspiracy to create monopoly. 1917E, 1004. Agreement between jobbers throughout country and purchasing agent by which latter is to purchase in large quantities and distribute among jobbers in certain proportions. 1915F, 1076. Concerted agreement by lumber dealers not to patronize wholesale dealers who sell directly to consumers. 191 5A, 788. Factors determining validity of agreement to control price which consumer shall pay for commodities. 1917 A, 1276. Sale of entire product of manufacturer throughout tl:e country under contracts fixing retail price. 1917A, 1276. Contract by wholesaler to furnish goods to retailer who is to sell only the goods furnished at agreed prices within a specified territory. 1917B, 803. 294 MONOPOLY AND COMBINATIONS MORTGAGE. Effect of fact that one purchasing goods under contract which illegally fixed retail prices sold the goods at prices slightly varying from those fixed, to render the contract enforceable by the seller. 1917A, 1276. Attempt to control price of patented article after it has passed into the hands of dealers and the public. 1917E, 1196. To restrict sale of copyrighted book. 1915A, 1099. of carriers or railroad companies. Right of individual to raise question of vio- lation of provision against consolida- tion of railroads. 1915B, 547. Combination between transfer companies in particular city. 1915C, 865. MONUMENT. Right of beneficiary to personal judgment for amount provided by benefit certifi- cate for erection of monument. 1915F, 166. MOOT QUESTION. Refusal of court to pass on. 1915B, 856; 1915D, 1149. On appeal. 1916C, 338. MORAL OBLIGATION. Of municipal corporation to pay claim. 191 5D, 927. As consideration for promise. 1917B, 694; 1917E, 1060. MORTALITY TABLES. AdmissiHlity in evidence. 1915D, 334; 1915F, 558. MORTGAGE. In general. What constitutes. Validity. Rights and liabilities of parties gen- erally. Priority. as to other mortgages. as to judgments and other liens and equities. Vendee of mortgagor; assumption of debt. Assignment. Satisfaction; discharge; release. Enforcement. generally; effect. on default of interest, taxes, etc. parties. defenses. relief; decree; effect as to fund. sale. deficiency and judgment there- for. Redemption. in general. time. In general. To loan association, see BUILDING AND LOAN ASSOCIATIONS. As to chattel mortgage, see CHATTEL MORT- GAGE. Subrogation to rights of mortgagee, see SUBROGATION. Conflict of laws as to. 1916A, 1007. Obtaining title to horse by promise to ex- ecute mortgage on it to secure purchase price. 1916E, 768. Right of one ejected from real property to reimbursement for mortgages paid. 1G15F, 771. Venue of action to compel surrender of note and mortgage securing it. 1917F, 905. Disaffirmance of mortgage given bv infant. 1915E, 465. Notice to mortgagee from possession of land. 1916B, 1063. Effect of provision in, on maturity of note secured. 1917B, 1048. Stipulation in, for attorneys' fees. 1916B, 856. Priority of attorneys' fees provided for in, over mechanics' liens. 1917C, 1116. Elimination of usury from. 1915C, 634. Right of judgment creditors of insolvent to show usury in prior note of their debtor secured by deed of trust. 1915C, 634. Mortgage registration tax. 1916A, 843; 1916E, 602. Succession tax on. 1916E, 1288. Exemption of, from taxation. 1917A, 495 Exemption of farm loan mortgages from payment of recording fee. 1917A, 495. Description of land in record of mortgage. 19 16 A, 525. Validity of unrecorded mortgage as against subsequent purchaser relying upon rec- ords. 1916D, 4. Given to secure performance by grantee who has received deed in consideration of support of grantor; extent of relief for breach of contract after perform- ance for several years. 1917D, 624. Reformation of mortgage inadvertently executed instead of deed. 1917A, 602. What constitutes. Conveyance absolute in form. 1915A, 1106; 1915B, 492; 1910B, 4, 11; 1917F, 337. Parol evidence that deed was intended as a mortgage. 1916B, 1. MORTGAGE. 295 Validity. Annotations. Of future and growing crops. 1917C, S. Might to mortgage privilege to use streets for telegraph, telephone, or other quasi public purpose. 1917D, 7O7. Validity of trust deed to secure payment of void note. 1916A, 1049. Debt of husband as consideration for mort- gage of wife's property. 1917F, 337. Mortgage executed by entryman on public lands who dies before final proof. 1915B, 681. Rights and liabilities of parties gen- erally. What constitutes fixtures as between mort- gagor and mortgagee, see FIXTURES. Subrogation of insurance company to rights of mortgagee, see INSURANCE. Subrogation to rights of mortgagee, general- ly, see SUBROGATION. Annotations. Validity and effect of purchase of tax title by mortgagee. 1917D, 522. Procuring of insurance by mortgagee as a violation of provision in policy of mortgagor against other and ad- ditional insurance. 1917 A, 6O7. Liability of mortgagee under mortgage clause for insurance premiums. 1917F, 379. When mortgagor excused from non- compliance with his undertaking to pay insurance premiums or other obligations to third party. 1917D, 555. Right of mortgagee tcJio by mistake is insured as owner or in owner's name or vice versa. 1917C, 11O. Pledge or assignment by mortgagee of his interest in the mortgage debt or property as affecting his right against insurer. 1917E, 33 O. Payment of mortgage barred by limitations as condition of decree quieting title as against mortgagee. 1916B, 1218. Estoppel of mortgagee to assert title against stranger. 1916B, 840. Estoppel of mortgagee to set up priority of his mortgage. 1916F, 1067. Effect of discharge of first mortgage to make second mortgage a first lien on the property. 191 7 A, 734. Rights of mortgagee under insurance policy. 1915C, 758; 1917C, 106; 1917E, 328. Liability of mortgagee for insurance pre- miums. 1917F, 375. Allowance of attorneys' fees as costs in ac- tion by mortgagee under mortgage clause in insurance policy. 1916A, 784. Insurance by mortgagee as violation of pro- vision in policy taken out by mort- gagor against other insurance. 1917A, 604. J Subrogation of insurance company to rights of mortgagee. 1916A, 556, 784. Forfeiture of interest of innocent mort- gagee in vehicles used to convey liquor intended for illegal use. 1916E, 338. As to taxes. 1915D, 432; 1917D, 520. Right of mortgagee bidding in equity of redemption at execution sale under judgment in favor of stranger, to credit the amount of his bid on debt secured by his mortgage. 1917E, 897. Recovery of amount loaned to take up prior mortgage on ground of mistake and lack of consideration. 1917E, 344. Priority. as to other mortgages. Effect of unauthorized cancelation of first mortgage to postpone lien thereof to that of second mortgage. 1915F, 554. as to judgments and other liens and equities. Estoppel to set up priority of mortgage. 3f)]6F, 1067. As to mechanics' liens. 1917C, 1116. As to supersedeas bond. 1916F, 1067. As to lien of one paying taxes on the prop- erty. t 1915D, 697. As to liabilities or guaranties incurred, work done, or money or materials fur- nished to preserve the mortgage prop- erty. 1916 F, 1067. Priority of lien for purchase money paid, on default of vendor, over subsequent mortgage. 1916F, 430. Vendee of mortgagor; assumption of debt. Annotations. Personal liability of purchaser of equity of redemption for mortgage debt in absence of express assump- tion thereof. 1917C, 592. Right of purchaser of land subject to a mortgage to question the validity of the mortgage. 1917C, 832. Grantee's liability to mortgagee. 1916D, 149; 1917C, 590. Right of one purchasing land subject to mortgage to question the validity there- of. 1917C, 829. Right of cotenant discharging mortgage on land purchased subject to the mortgage to compel contribution from other co- tenant. 1917C, 590. Estoppel of cotenant to deny authority of other cotenant to obligate him to pay mortgage. 1916D, 149. Assignment. Annotation. Assignment by mortgagee of his inter- est in the mortgage debt or prop- erty as affecting his right against insurer. 1917E, 33O. 296 MORTGAGE. Rights of assignee of mortgage under in- surance policy. 191 7C, 106. Effect on rights of assignee of unauthorized cancelation of mortgage, as against as- signee of second mortgage. 1915F, 554. Satisfaction; discharge; release. Subrogation of person furnishing money to discharge, see SUBROGATION. Annotation. Right to reinstatement of mortgage re- leased or discharged by mistaTce. 1917E, 1055. What operates as a release. 1915D, 1126. Satisfaction of record. 1915F, 554. Agreement by mortgagor to forfeit all in- terest in property on failure to pay debt within fixed time. 1915B, 492. Right of one cotenant who pays mortgage to personal judgment against other co- tenant who has sold his land in igno- rance of discharge of the mortgage and has received no benefit therefrom. 1917C, 590. Validity of oral promise to pay mortgage executed by another, made to protect the interests of the promisor, who had become the owner of the mortgaged lands. 1917D, 872. Fraudulent discharge. 1915F, 554; 1916F, 418. Annulling release. 1917E, 1052. Enforcement. generally; effect. Of chattel mortgage, see CHATTEL MOBT- GAGB. Annotation. For breach of mortgagor's undertak- ing to pay insurance premiums or other obligations to third party. 1017D, 555. Raising question for first time on appeal in foreclosure proceeding. 1916F, 1067. Variance between pleading and proof in action to foreclose mortgage securing note. 1916A, 1049. Right to foreclose mortgage pending con- test of will. 1915C, 993. Foreclosure for breach by mortgagor to keep in force insurance policy on his life as additional security; what con- stitutes breach. 1917D, 551. on default of interest, taxes, etc. Contention that taxes paid by mortgagee were invalid. 1915D, 432. parties. Intervention. 1916C, 633. defenses. Defense that taxes paid by mortgagee were invalid. 1915D, 432. relief; decree; effect as to fund. Relief from decree of foreclosure. 1916F, 724. Collateral attack on foreclosure decree. 1916E, 303. Power of court which has taken possession of railroad in suit to foreclose mort- gage to order abandonment of branch. 1915A, 549. What matters barred by foreclosure decree. 1915D, 349. Refusal to permit recovery of full face of notes on foreclosure securing them where this would permit lerider to re- cover usurious interest. 1916B, 807. Personal judgment in favor, of one defend- ant in a foreclosure suit against a codefendant who did not appear, 1917D, 1029. sale. Annotation. Amount of property to be sold under- mortgage foreclosure. 1917B, 517. Transfer of property of telephone company under mortgage foreclosure sale as within prohibition against transfer of its franchise. 1917F, 1178. Pleading in action against sheriff for wrongful sale. 1917B, 513. Sale made after service on sheriff of pur- ported affidavit of illegality. 1917B, 513. Conclusiveness of judgment as to want of notice of sale. 1915B, 640. Notice of postponement. 1915B, 640. Effect of bar of debt and mortgage on right to exercise power of sale in mortgage. 1916B, 1209. Power of sale in mortgage as subject to pro- visions of existing statute. 1916B.. 1209. Quantity sold; selling in parcels. 1917B, 513. Rights of one purchasing at mortgage sale- after the lien has been extinguished by lapse of time. 19] 6B, 1209. Statute requiring purchaser on foreclosure to notify persons entitled to redeem be- fore taking his deed. 1915C, 414. Right of purchaser at foreclosure sale of homestead to attack conveyance of the homestead. 191 5D, 551. Setting aside sale for inadequacy of price. 1917B, 513. deficiency and judgment therefor. Personal liability of trustee for deficiency judgment. 1915F, 1072. Liability of mortgagor's grantee. 1916D, 149; 1917C, 590. Redemption. in general. Annotation. Compensation for right of redemption tcltere property is taken in con- demnation proceedings. 1917F, SOI. MORTGAGE MOTOR CAR, 297 Conflict of laws as to. 1916A, 1007. Right of mortgagee bidding in equity of re- demption at execution sale under judg- ment in favor of stranger, to credit the amount of his bid on debt secured by his mortgage. 1917E, 897. Proximate cause of inability to redeem from mortgage. 1917F, 790. Effect of acceptance of lease by mortgagor from mortgagee to cut off right of re- demption. 1915B, 492. Right to redeem from foreclosure sale as property distinct from the real estate, damages for prevention of its exercise by flooding land so that money cannot be borrowed on it. 1917F, 790. Right of action against one who by flooding the land causes breach of contract to lend money to mortgagor to effect a re- demption. 1917F, 790. Statute requiring purchaser at foreclosure sale to notify persons entitled to re- deem before taking his deed. 1915C, 414. Collusiveness in action to quiet title against one redeeming from mortgage sale, of foreclosure decree. 1915D, 349. Validity of certificate of redemption issued by sheriff to owner of mortgaged prem- ises as against a purchaser for value of the sheriff's certificate issued to the mortgagees who purchased at their own foreclosure sale. 1915D, 349. Statute as to recording notice of redemption from mortgage. 1915D,' 349. time, l Annotation. Power of court on eqiiitdble grounds to permit redemption from mortgage foreclosure sale after expiration of statutory period of exemption. 1917E, 637. Power of court to permit redemption after time allowed therefor. 1917E, 633. 4 MORTUARY TABLES. See LIFE TABLES. MOTHER. Pension to, see MOTHERS' PENSIONS. Sight of natural mother to custody of chil- dren. 1915E, 1019. Right of action by, for death of child. 1917A, 1128; 1917F, 851. Mother's right of action* for betrayal of minor daughter who is still alive. 1917E, 756. Right of mother to maintain action for mutilation of corpse of child. 1915B, 519. MOTHERS' PENSIONS. Jurisdiction in matters as to. 1917C, 897. Constitutionality of act providing for. 1917C, 897. Illegal delegation of power by statute as to. 1917C, 897. Application of statute providing for, to cases where husband has been absent and not heard from for seven years. 1917E, 1146. MOTIONS AND ORDERS. Raising questions for consideration on ap- peal by motion, see APPEAL AND ERROR. Right to use motion for judgment notwith- standing verdict to obtain dismissal for lack of evidence. 1917A, 1194. Bringing suit on fire insurance policy by motion. 1917D, 1049. Notice of motion. 1917D, 1049. Motion in arrest of judgment. 1915B, 83; 1916B, 1117; 1916C, 1134; 1916D, 767. Motion to quash return in contempt pro- ceeding. 1915D, 1061. Motion to strike testimony of witness. 1915F, 558. Motion to strike answer to interrogatory in deposition. 1916D, 462. Motion to set aside judgment as remedy for wrongful entry for judgment by justice of the peace. 1915D, 427. Cost of procuring evidence under motion. 1915B, 1052. Order of court to refrain from act as protec- tion against liability for failure to per- form it. 1916B, 764. MOTIVE. Opinion evidence as to, see EVIDENCE. Evidence as to, generally, see EVIDENCE. Effect of, on liability for libel. 1917C, 65. Effect of, on liability for conspiracy. 1917C, 65. Effect of, on liability for breach of peace. 1916B, 1117. As element of crime generally. 1916E, 492; 1917D, 944; 1917F, 469. Of legislature, inquiry into, . by courts. 1917E, 1176. Materiality of, in Action for malicious pros- ecution. 1916F, 192. Effect of motive of stockholder desiring to inspect books. 1915D, 285. MOTOR CAR. In general, see ATJTOMOBILES. Permit to run, over railroad tracks. 1915E, 1170. 298 MOTORCYCLES MUNICIPAL CORPORATIONS. MOTORCYCLES. Collision between motorcycle and automo- bile. 1917B, 753. Attempt to drive motorcycle across tracks in front of approaching train. 1917E, 1124. MOTORMAN. Negligence of, generally, see STREET RAIL- WAYS. When injury to, is within protection of Workmen's Compensation Act. 1917A, 250. MOTOR TRUCK. In general, see AUTOMOBILES. As an attractive nuisance. 1917D, 875. In general, BUSSES. MOTOR VEHICLES. AUTOMOBILES; JITNE? What is a motor vehicle within meaning of statute limiting speed of such vehicle. 1915E, 1028. MOVING BUILDINGS. In highway. 1916C, 1249; 1917C, 772; 1917E, 258. MOVING PICTURES. Annotation. As proper subject for police regulation. 1917E, 318. Keeping of moving picture film on insured premises. 1917C, -294. Restrictions on use of patented invention embodied in motion picture machine, by a purchaser thereof. 191 7E, 1187. Unauthorized use of 'likeness and name of person as part of film. 1915C, 839. License for moving picture show. 1916D, 95. On Sunday. 1916D, 573. Forbidding operation of moving picture show within certain distance of church. 1916D, 95. MOVING VAN. Authority of driver of moving van to invite owner of goods to accompany them on the van. 1917F, 422. MULE. Duty of seller to disclose defects in. 1917C, 617. Liability of bailee for destruction of, by fire. 1915B, 295. Fright of, by steam escaping from railroad engine. 1916B, 1079. Injury to one thrown from mule frightened by swinging of unfastened door of house 50 feet from highway. 1917D, 197. Negligence in driving mule known to be afraid of automobiles. 1915C, 702. Assumption by servant of danger of being kicked by mule. 1916D, 1229. + MULTIFARIOUSNESS. See ACTION OB SUIT. MULTIPLE STRUCTURES. Effect of covenant to prevent erection of. 1915D, 543; 1915F, 651. MULTIPLICITY OF SUITS. Jurisdiction of equity to avoid. 1915E, 788 ; 1915F, 1012. MUNICIPAL CORPORATIONS. In general. Division or annexation. Charter; form, of government. Powers, duties, and liabilities gener- ally. Delegation of power. in general. what is a delegation of power. authority of municipality to delegate its power. Legislative functions, ordinances. in general; amendment; con- struction. enactment; publication. validity generally. power over use of streets, power as to nuisances. regulation of business. enforcement of ordinance. Contracts generally. Borrowing money; indebtedness. in general. limitation of amount. Lights; electric power. Water supply. Other property and privileges. Liability for damages. in general. for acts of officers or agents. as to drains, sewers, and waters generally. MUNICIPAL CORPORATIONS. 299 ^Liability for damages cont'd. condition or use of public build- ings or grounds. presenting claims against; con- dition precedent to liability. As to taxes. Powers of officers. In general. As to chamber of commerce, see CHAMBER OF COMMERCE. Judicial questions as to acts of, see COUBTS. Condemnation of property by, see EMINENT DOMAIN. As to health officers, eee HEALTH. Municipal judges, see JUDGES. License from, see LICENSE. Mandamus to municipal officers, see MAN- DAMUS. As to officers of, generally, see OFFICERS. Public improvements by, in general, see PUBLIC IMPBOVEMENTS. Use of public money by, see PUBLIC MONEYS. As to towns, see TOWNS. Annotation. Statute requiring municipality to pat/ a claim, against it as an invasion of powers of judiciary. 1917E, 827. Right of agent of city to city's exemption from liability for injury by his negli- gence. 1916D, 508. Equal protection and privileges of. 1915E, 749; 1916C, 388. Special legislation as to. 1917E, 456. Power of legislature to abolish office. 1917A, 1244. Power of legislature to prescribe number and character of municipal authorities and manner of choosing them. 1917A, 1244. Two-thirds vote for enactment of statute amending municipal court act. 1916B, 931. Application of constitutional provision that legislature sjiall not impose taxes for the purposes of any municipal corpora- tion. 1916E, 602. Effect of adoption of Constitution on rights of city under lien. 1917D, 365. Liability of owner of steam roller for fright of horse thereby while roller is in pos- session of municipality under lease. 1917B, 699. Vested right in municipal office. 1917A, 1244. Effect of acceptance by mayor of other office to vacate office of mayor. 1917A, 211. Acquisition of easement in way for con- struction of water conduit. 1H15E, 432. Abandonment of appeal by, from order en- joining municipal regulation. 1915F, 726. Joinder of parties in action against. 1915D, 684. Injunction to protect citizens from business competition by municipality. 19 16 A, 908. Injunction to prevent municipality from interfering with removal by street con- tractor of pavement rejected by city. 1915B, 173. Power of Public Service Commission to change rate fixed by municipal ordi- nance or franchise. 1915C. 261, 287. Duty of court in directing sale of railroad property by receiver, to require him to stipulate for observance of a contract between the road and a municipalitj which subscribed to its stock. 1915A, 699. Division or annexation. Sufficiency of proof of location of boundaries of city. 1915E, 500. Effect of enlarging boundaries of munic- ipality on vote to issue bonds. 1915A, 1009. Effect of extension of city limits to take in property to which water is furnished under contract to abrogate such con- tract. 1916A, 1060; 1917D, 802. Charter; form, of government. Annotation. Constitutionality of commission form of government for municipalities. 1917 A, 126O. Effect of constitutional authority to voters to enact and amend their charter to empower them to fix rates of public utilities. 1917C, 98. Power of legislature to abolish municipal office by altering the city charter. 1917A, 1244. Commission form of government. 1917A, 1244. Validity of charter provision for prefer- ential voting in election of city com- missioners. 1915B, 401. Provision in charter for recall of officers. 1915B, 232. Powers, duties, and liabilities gener- ally. As to municipal bonds, see BONDS. As to local self-government, see CONSTITU- TIONAL LAW. Rights and powers as to highways general- ly, see HIGHWAYS. Power as to public improvements, see PUB- LIC IMPBOVEMENTS. Annotations. Power of municipal body to employ attorney. 1917D, 24O. Power to employ attorney on contin- gent fee. 1917D, 263. Right of municipality entitled to serv- ices of official attorney to employ other attorney in civil matters. 1917D, 255. Necessity that person dealing with munic- ipality take notice of limitations on its or its agent's powers. 1915D, 978. Powers limited by charter. 1917A, 1244. 300 MUNICIPAL CORPORATIONS. Implied power to employ attorney. 1917D, 237. Legislative control of. 1915C, 261, 287; 1915D, 927; 1916D, 913; 1917 A, 1244; 1917D, 791. Power of legislature to authorize munic- ipality to create and abolish its own municipal offices. 1916D, 913. Right of corporation created by legislature for governmental and business pur- poses to use public funds to secure nullification of statute. 191 7B, 354. Power of common council to enforce bond for maintenance of street improvement and compromise suit brought for that purpose. 1917F, 535. Power to make rules as to care and manage- ment of lots in cemetery. 1915E, 168. Right of municipality to determine who may engage in charitable work. 1916D, 905. Power of municipality to grant to individ- uals exclusive rights iu parks. 1916D, 491. Construction of tunnel by, with option to railroad company to purchase it. 1915B, 306. Right to maintain suit to abate nuisance. 1916D, 1016. Power to fix rates beyond control of legis- lature or commission. 1915C, 261, 287 ; 1917C, 98. Liability for costs and attorney's fees in suit instituted by state from which municipality derived a benefit. 1915D, 927. Delegation of power. in general. Delegation of power to city. 1915E, 93; 1916D, 913; 1916E, 264; 1917C, 98. what is a delegation of power. Grant of authority to voters of power to enact and amend their charter as em- powering them to fix public utility rates not changeable by commission created by general law. 1917C, 98. authority of municipality to dele- gate its power. Power to require consent of neighboring property owners to erection of nonfire- proof buildings within fire limits. 1915D, 595. Delegation of power bv municipality to board of health. 191 6A, 1228. Legislative functions; ordinances. in general; amendment; construc- tion. Annotations. Violation of ordinance as to part of street or highway to be used by vehicles an negligence or contrib- utory negligence. 1917C, 999. Violation of ordinance giving one ve- hicle right of way as against an- other as affecting liability for in- jury. 1917D, 693. Reading ordinance into insurance policy. 1915E, 618. Violation of ordinance as negligence. 1915D, 617; 1917A, 710; 1917C, 998, 1146. Effect of violation of ordinance giving au- tomobile driver right of way at street intersection on his duty to exercise care. 1917D, 690. Private action for violation of ordinance. 1917C, 1146. What constitutes violation of ordinances- regulating carrying on of laundry busi- ness within city. 1917B, 341. Stipulation in ordinance granting franchise for penalty for violation thereof. 1915E, 385. Violation of ordinance as proximate cause of injury. 1917F, 621. Attempt to amend municipal ordinances- without re-enacting and publishing them at length. 1915B, 339. Retrospective operation of. 1916D, 583. enactment; publication. Attack on ordinance because certain alder- men whose votes were necessary to its- passage did not reside in the wards which they purported to represent. 1917F, 535. Publication. 1915A, 910. validity generally. Regulations as to buildings, see BUILDINGS. Constitutionality of, see CONSTITUTIONAL. LAW. Regulations to protect health, see HEALTH. Ordinances as to sale of liquors, see INTOXI- CATING LIQUOBS. Annotations. Validity of ordinances against bawdy- houses. 1O17B, 1O7S. Power of munici]>-ility to regulate- dancing in public places. 1917 A, 1174. V nl hi it >i of regulations as to milk. 19'l7C, 243. Ordinance making it an offense to as- sociate with disreputable persons* 1917F, 904. Necessity of declaring invalid ordinance- which impairs constitutional rights. 1917F, 1050. Presumption of validity. 1917F, 1050. Who may question validity. 1915D, 607; 191 6 A, 1228. Invalid in part. 1915D, 595; 1916A, 1228. Effect of .motive. 1916B, 1248. Reasonableness generally. 1915D, 607; 1917D, 365. Reasonableness as question for jury. 1915F, 1196. Power to provide for imprisonment of one who refuses to pay for hired vehicle. 1917B, 551. Forbidding storage of inflammable sub- ytances in certain locations. 1915D,. 603. MUNICIPAL CORPORATIONS. 301 power over use of streets. As to use of jitney busses on highways, see JITNEY BUSSES. Improvement of streets and sidewalks, see PUBLIC IMPROVEMENTS. Eight of railroad to use streets generally, see HIGHWAYS. Annotations. Validity and effect of regulation as to parking or leaving automobiles standing in street. 1917F, 352. Power of municipality as to gasolene stations in highway. 1917 F, 1OO5. Judicial power to review exercise of li- censing power. 1916D, 246. Delegation of power over highways hy legis- lature to municipality. 1915E, 93. Exacting percentage of receipts of corpora- tion on extending its rights in street. 1915E, 165. Regulation of street railway company as interference with interstate commerce. 1915F, 792. Creating private action in favor of person injured by violation or ordinance by street railway company. 1915D, 1021. Regulating temperature of street cars. 1915F, 792. Power to make binding contract with street railway company as to rates of fare. 1915F, 744. Power to require railroad company to change its grades. 1917C, 1174. Criminal liability of railroad company ob- structing street crossing in violation of ordinance. 1915B, 329. Forbidding parking of automobiles in streets. 1917F, 345. Authority to permit erection of gasolene pump in street. ]917F, 1004. Right to revoke license for erection of gaso- lene pump in street. 1917F, 1004. Power to provide that franchise of telephone companies to use streets shall not be transferred. 1917F, 1178. Power to permit construction of tunnel or vault under highway. 1915F, 937, 1009. Power to permit show in highway. 1915F, 568. Forbidding use of traction engines on high- ways. 1915D, 327. Requiring removal of posts from sidewalk. 1916C, 561. Awnings in street. 1915C, 561. power as to nuisances. Right to maintain suit to abate nuisance. 1916D, 1016. Power to declare the keeping of intoxicat- ing liquors in private clubs for indi- vidual use of members to be a nuisance. 1917A, 314. Power to destroy a thing which constitutes a nuisance if necessary to abate the nuisance. 1915B, 415. Collection of garbage. 1915D, 209; 1915F, 1069. Stables. 1916D, 583. regulation of business. License for, see LICENSE. Annotations. Validity of regulations as to milk. 1917C, 243. Right of municipality to forbid solic- itation of patronage at railway stations. 1917D, 69O. Review of ordinance as to business in resi- dential section. 1916B, 1248. Power to regulate rendering within city limits. 1915F, 1196. Forbidding operation of brick kiln within certain territory. 1916B, 1248. Prohibition against permitting patrons of public restaurant to dance therein. 1917A, 1170. Power to fix rates beyond control of legis- lature or commission. 1915C, 261, 287; 1917C, 98. Reasonableness of ordinance as to rates. 1915C, 282. Forbidding carrier to transport milk when warmer than a specified temperature. 1917C, 238. Forbidding solicitation of patronage for transportation of persons or baggage in any depot. 1917D, 688. Assigning stands to omnibuses of hotels at railroad stations. 1915F, 726. Power to forbid carrier to grant exclusive privilege to baggage company at sta- tion. 1917F, 1080. enforcement of ordinance. Liability of city in civil action for failure of its officers to enforce ordinance. 1915E, 448. Injunction against enforcement of ordinance. 1915B, 1097; 1915D, 209, 595, 684; 1915F, 726. Enforcement of ordinance by private action by person injured by its nonobservance. 1915D, 1021. Sufficiency of proof of violation of ordi- nance. 1915D, 260; 1916E, 326. Conviction for violation of ordinance mak- ing it punishable to "knowingly" give any false weight or measure. 1917D, 1127. Contracts generally. As to public contracts generally, see CON- TRACTS. Necessity of advertising and letting con- tract by bid, see CONTRACTS. Contract by city for public water supply, see WATERS. Annotations. Power of municipal body to employ attorney. 1917D, 24O. Power to employ attorney on contin- gent fee. 1917D, 263. Right of municipality entitled to serv- ices of official attorney to employ other attorney in civil matters. 1917D, 255. 302 MUNICIPAL CORPORATIONS. Establishment of contract by parol evidence. 1917F, 493. Who may maintain action on. 1915D, 917. Implied contract. 1917 U, 206. Ultra vires contract. 1917B, 908. Necessity that person dealing With munic- ipality take notice of limitations on its or its agent's powers. 1915D, 978. Right of other party to ultra vires contract to recover- v on quantum meruit. 1915A, 904. Valid in part. 1915A, 906. Power to bind successor; duration of con- tract. 1915E, 581. Power of municipality to employ attorneys to obtain reversal of decision denying exclusive right of municipality to li- cense sale of liquors within its limits. 1917D, 237. Power to contract as to public service rates. 1915C, 261. Power to contract for construction of sewers. 1915A, 982. Construing deed by municipality as a mort- gage. 1915A, 1106. Sufficiency of proof of breach of contract by . municipality. 1915E, 581. Ratification of invalid contract. 1915A, 982; 1917C, 1096; 1917D, 206. Estoppo 1 to deny validity of contract. 1915A, 904, 982. Borrowing money; indebtedness. in general. As to municipal bonds, see BONDS. Vote for. 1915A, 904; 1915D, 978. limitation of amount. Limitation of indebtedness of school dis- trict, see SCHOOLS. Annotations. Creation of indebtedness within the meaning of debt limit provisions. 1917E, 437. Rule for determining the indebtedness, 'within the meaning of debt-limit provisions, where boundaries of dif' ferent political units are wholly or partly coincident. 1917E, 468. Statute authorizing courts to validate war- rants for debts in excess of annual revenue and income. 1915D, 978. Right of municipality to avoid levying tax to pay judgment on ground that to do so would exceed the constitutional debt limit. 1917E, 422. Power to use public funds to secure nullifi- cation of statute limiting amount of bonded indebtedness. 1917B, 354. What constitutes creation of indebtedness. 1915A, 1106. Lights; electric power. Estoppel of municipality furnishing electric power by mistake in bill rendered con- sumer. *1915B, 711. Right to sell and install electrical apparatus for compensation. 1916A, 908. Water supply. Supply of water by private corporations and supply by municipality to its in- habitants, see WATERS. Annotation. Right of municipal corporations in re- spect of percolating waters. 191 7F, 691. Sufficiency of enactment and publication of ordinance as to issue of waterworks bonds. 1915A, 910. Estoppel of municipality to deny liability on waterworks bonds. 1915A, 910. Creation of indebtedness for waterworks. 1915A, 904. Power to construct and operate waterworks system; effect of franchise of water company. 1915C, 438. Injunction against construction of water- works system by municipality. 1915C, 438. Validity of contract by municipality to se- cure water supply. 1915A, 904. Ultra 'vires contract for municipal water supply. 1917B, 908. Agreement of water company to give free service to. 1916D, 431 ; 1917B, 908. Construction of agreement to renew con- tract for water supply upon such terms as are mutually agreed upon. 1917D, 1074. Specific performance of agreement to renew contract for water supply upon such terms as are mutually agreed upon. 1917D, 1074. Injunction against cutting off water supply. 1917B, 908. Right to pump percolating water from land owned by it for public use. 1917F, 684. Exemption of municipal waterworks from taxation. 1915A, 1118; 1915D, 1103. Other property and privileges. As to parks, see PARKS AND SQUARES. Tax on property of. 1915A, 1118. Implied power to alienate or dispose of property. 1915A, 1106. Power to lay conduits to enable municipali- ty to supply for compensation, surplus steam from lighting plant to heat houses of inhabitants. 1916C, 395. Liability for damages. in general. Liability for defects or obstructions street, see HIGHWAYS. In Annotation. Liability for damage to service mains by excavating in street. 1917E, 1O94. Jurisdiction of action for damages. 1915F, 1025. Venue of action against. 1915F, 1029. Injury to gas mains laid in street resulting from construction of sewer. 1917E, 1092. MUNICIPAL CORPORATIONS MUSEUM. 303 Liability for injury to vessel by collision with drawbridge over navigable stream. 1915F, 1062. Killing or other injuries by mob. 1915C, 578. For injury by electric wire. 1915E, 316; 1915D, 1064. Injury by collapse of bathhouse. 1917B, 1285. From nuisance. 1915C, 747, 751; 1915P, 568; 1917C, 1046; 1917D, 914; 1917F, 475. For injuries to employee. 1916C, 388, 741. for acts of officers or agents. Effect of failure to require bond of police officer to render city liable for his acts. 1915E, 460. Right of agent of city to city's exemption from liability for injury by his negli- gence. 1916D, 508. Liability for acts done under a void res- olution enacted in exercise of govern- mental powers. 1915B, 415. Failure of officer to enforce ordinance. 1915E, 448. Negligence of employee in leaving explo- sives unguarded within reach of child. 1917A, 992; 1917C, 429. Negligence of attendant at playground. 1915C, 435; 1915D, 1108. As to fireworks. 1917B, 1239. Negligence in failing to properly confine animals in zoological garden. 19 17 A, 399. Negligence in disposing of garbage. 1915C, 747. In abating nuisance. 1915B, 415. In health department. 191 6B, 917. In fire department. 1917B, 548; 1917E, 1170. Conversion by contractor. 1915F, 1009. Trespass. 1916D, 1079. Assault by police officer. 1915E, 460. as to drains, sewers, and waters generally. Venue of action against municipality for diversion of water. 1915F, 1029. Injury to gas mains laid in street resulting from construction of sewer. 1917E, 1092. Diversion of watercourse by establishment of street grade. 1916B, 1027. Injury resulting from erection of embank- ment to restrain flood water. 1915C, 700. Pollution of water by sewage. 1915A, 282; ]916F, 189. condition or nse of public build- ings or grounds. Annotation. Municipal liability for injuries from de- fects in "building used for conven- ience or pleasure of its inhabitants. 1917E, 695. Duty as to public auditorium. 1917E, 685. Injury resulting from defective floor of pest house. 1916D, 626. presenting claims against; condi- tion precedent to liability. Validity of statute as to. 1915E, 749. Sufficiency of title of statute as to. 1915E, 1069. Verification of claims. 1916D, 1079. Notice of claim as condition precedent to action. 1915D, 1111; 1915E, 749; 1916D, 426, 1079. As to taxes. Purposes for which public funds may be used, see PUBLIC MONEYS. For matters not peculiar to municipal cor- porations, see TAXES. Provision in lease of town land that lessor will pay the taxes. 1915C, 698. Power to tax for special purpose. 1917E, 842. Manufacture of ice by town as public pur- pose for which taxing power may be exercised. 1915B, 859. Statute providing for levy of tax by city for special purpose. 1917E, 842. Sufficiency of title of statute as to. 1917E, 842. Pow-r to exempt from taxation. 1917B, 908. Right of legislature to require municipal- ity to turn over a portion of its taxes to county to assist in support of ju- venile court. 1917D, 791. Powers of officers. Liability of city for acts of its officers or agents, see supra. Mandamus to municipal officers, see MAN- DAMUS. As to municipal officers generally, see OF- FICERS. Presumption that officers acted in accord- ance with law. 1917F, 545. Necessity of uniformity in powers of. 1916D, 913. Empowering municipality to define and change powers and duties. 1916D, 913. Power of officers to contract for period be- yond term of office. 1915E, 581. MUNICIPAL COURTS. Two-thirds vote for enactment of statute amending municipal court act. 1916B, 931. MURDER. See HOMICIDE. MUSEUM. I Loss of property placed on exhibition in. 1915A, 594. 304 MUTILATION NECESSITY. MUTILATION. Annotation. Of will, liability for. 1917B, 658. Of will, liability for. 191 7B, 556. Revocation of will by. 1915D, 1140. Of corpse, who may maintain action for. 1915B, 519. MUTUAL BENEFIT SOCIETIES. See BENEVOLENT SOCIETIES. MUTUAL INSURANCE COMPANY. See INSURANCE. MUTUALITY. Of contract, see CONTRACTS. As affecting set-off, see SET-OPT AND COUNTERCLAIM. NAKED LEGAL TITLE. Levy on. 1916A, 588. NAME. Injunction against wrongful use of, see IN- JUNCTION. 'Annotation. Misnomer a* ground for attacking di- vorce decree. 1917B, 439. Unauthorized use of, for advertising pur- poses. 1915C, 839. Right of one doing business individually in combination with words indicating a firm or corporation which have already been adopted by another concern. 1916C, 251. Misnomer as ground for relief against judg- ment. 1916F, 724. Of party in writ; misnomer. 1915B, 1149; 191 7B, 305. Requiring filing of certificate setting forth names of members of firm, unless busi- ness is transacted under partnership name which includes the true real name of at least one of the members. 1917B, 697. Regulation of right to do business under assumed name. 1915E, 747; 1916D, 352. Recording of assumed name under which business is transacted. 1915D, 987. Effect of mistake in name on records on lia- bility of abstractor. 1915D, 1211. NAPHTHA. Annotation. Keeping of, on insured premises. 1917C, 278. NASAL DOUCHE. Death resulting from violent snuffing of, as an accident. 1915B, 872. NATIONAL BANKS. See BANKS. NATURAL CHILDREN. See ILLEGITIMACY. - 4 NATURAL GAS. In mine, see MINES. NAVIGABLE WATERS. See WATEBS. NAVIGATION. Rights of navigation, see WATERS. NECESSARIES. Husband's liability for, see HUSBAND AND WIFE. Furnished to infant, see INFANTS. Annotations. Power of guardian or committee of insane person to procure neces- sities for family of his ward. 1917B, 678. What constitute family expenses or necessaries within statute render- ing \vife or her property liable therefor. 1917F, 861. Wife's liability for. 1915D, 1184; 1917F, 860. NECESSITY. Easements by, see EASEMENTS. Works of, on Sunday, see SUNDAY. Question for jury as to, see TRIAL. NE EXEAT NEGLIGENCE. 305 NE EXEAT. To prevent nonresident from removing prop- erty from state. 1916C, 403. NEGATIVE. legation of defences or exceptions in indict- ment, see INDICTMENT, ETC. ^Negation of defense in pleading, see PLEAD- INO. NEGLIGENCE. In general. Dangerous agencies. in general. liability of seller, or manufac- turer, or other third person. Dangerous premises. in general. liability to licensees or tres- passers generally. injuries to children; dangerous attractions. On highways or waters. . Contributory negligence. generally. of persons under disability. on highways. imputed. injury avoidable notwithstand- ing contributory negligence; last clear chance. In general. Liability notwithstanding contributory neg- ligence where injury could have been avoided, see infra. Of title abstractor, see ABSTRACTS. Of agister, see AGISTEBS. Liability of state board of agriculture for, see AGRICULTURAL SOCIETIES. Injury to patron at place of amusement, see AMUSEMENTS. In use of automobile, see AUTOMOBILES. Of bailee, see BAILMENT. In payment of check, see BANKS. Of bank in collecting commercial paper, see BANKS. Of owner of bathing resort, see BATHING RESORTS. Liability of benevolent society for, see BENEVOLENT SOCIETIES. As to blasting, see BLASTING. Of proprietor of boat livery, see BOAT LIV- ERY. As to bridges, see BRIDGES. As to buildings, see BUILDINGS. As to. fire escapes, see BUILDINGS. Of carrier, see CARRIERS. Liability of charitable institution for, see CHARITIES. Conflict of laws as to liability for, see CON- FLICT OF LAWS. L.R.A. Tri. Index 1915-17. 20. | Validity of contract against liability for, see CONTRACTS. Contribution between wrongdoers, see CON- TRIBUTION AND INDEMNITY. In transferring stock, see CORPORATIONS. Measure of damages for negligence causing personal injury or death, see DAMAGES. Matters peculiar to action for death, see DEATH. As to elevators, see ELEVATORS. Estoppel by, see ESTOPPEL. Presumption and burden of proof as to, see EVIDENCE. Relevancy of evidence as to, see EVIDENCE. Evidence of other accidents or defects, see EVIDENCE. In causing fright, see FRIGHT. As to defects in highways, see HIGHWAYS. As to negligent homicide, see HOMICIDE. Of innkeeper, see INNKEEPERS. In operation of jitney bus, see JITNEY BUSSES. Joint liability in case of negligence, see JOINT CREDITORS AND DEBTORS. Of landlord, see LANDLORD AND TENANT. Bar of statute of limitations, see LIMITA- TION OF ACTIONS. Of employer or employee, see MASTER AND SERVANT. Of municipal corporation, see MUNICIPAL CORPORATIONS. New trial in action for, see NEW TRIAL. Of physicians, see PHYSICIANS AND SUB- GEONS. Pleading as to, see PLEADING. Proximate cause of injury by, see PROXI- MATE CAUSE. Of railroad company, see RAILROADS. Towards seaman, see SEAMEN. In matters relating to shipping, see SHIP- PING. In operation of street railways, see STREET RAILWAYS. Of telegraph company, see TELEGRAPHS. Question for jury as to, see TRIAL. Of warehousemen, see WAREHOUSEMEN. Annotations. Liability of private person for damages to property in abating a nuisance. 1917C, 1O42. May action for alienation of affections rest upon a negligent tort. 1917B, 68O. Power of court to require owner of premises or property to permit in- spection in negligence cases. 1917E, S3S. Duty and liability of owner of boat livery. 1917F, S6O. Sufficiency of evidence to take case to jury. 1915E, 267; 1915F, 11, 866; 1916D, 836; 1917B, 1245; 1917E, 250. Evidence of habit as to. 1915D, 725 ; 1915E, 287; 1916B, 824. Evidence as to, under pleading. 1916A, 943; 1916C, 1208; ]916D, 644. Variance in proof of. 1915A, 781; 1915F, 558, 866, 992, 1000. 306 NEGLIGENCE. Instructions as to. 1915A, 325; 1915B, 426; 1915D, 1021; 1915E, 1022; 1915F, 803; 1916C, 1020; 1916E, 478; 1917A, 543; 1917C, 1066; 1917D, 214; 1917E, 242; 1917F, 1043. Insufficiency of verdict in action for. 1915E, 991. Review of verdict or finding as to. 1916D, 618; 1916F, 1110. New theory as to, on appeal. 1915A, 363. Conclusiveness on second appeal of ruling on appeal as to negligence. 1916C, 803. What constitutes, generally. 1915E, 991. When duty to exercise care to prevent in- jury, arises. 1917A, 128. Gross, wanton, or wilful negligence. 191 5A, 142; 1916C, 1029; 1916D, 614, 783; 1917C, 1066; 1917D, 666, 875; 1917E, 258; 1917F, 118. Concurrent negligence. 1915D, 243; 1916D, 836; 1917E, 215. Violation of statute or ordinance. 1915D, 617; 1917A, 710; 1917C, 998, 1146. Effect of drunkenness on liability for. 1917A, 306. Liability of hospital for. 1915D, 334, 1167; 1917B, 708. Liability of receiver for. 1917 A, 536. Liability of agent for. 1915E, 721 ; 1915F, 566; 1917C, 77. Basing action for alienations of affection on negligence. 1917B, 679. Injury to one thrown from mule frightened by swinging of unfastened door of house 50 feet from highway. 1917D, 197. Liability for injury to child on sidewalk by rightful ejection of drunken man from saloon. 1917E, 271. In permitting coal to roll over edge of steep decline. 1915B, 426. Of owner of certified check whose indorse- ment is forged thereon. 193 6E, 906. Of irrigation ditch company toward stock- holders. 1915D, 292. Of insurance agent, estoppel by. 1915D, 766. Negligent homicide. 1915D, 201. Dangerous agencies. in general. Liability for injuries by animals, see ANI- MALS. Ae to automobiles, see AUTOMOBILES. As to electricity, see ELECTRICITY. As to explosives, see EXPLOSIONS AND EX- PLOSIVES. As to fire, see.FiBES. Presumption and burden of proof as to neg- ligence. 1917C, 487. Sufficiency of evidence to go to jury. 1915E, 267. Liability for servant's negligence as to. 1916F, 945. Firearms. 1915E, 267; 1916D, 1179. liability of seller, or mannf p.cturer, or other third person. Prejudicial error in refusing to permit amendment of answer in action for in- jury. 1915A, 328. Evidence in action for. 1915E, 287. Sufficiency of proof of negligence. 1916D r 1006; 1916E, 1074. Delay as ground for dismissal of action to recover for injury through defect in article sold. 1916B, 1104. Counterclaim for injury to minor son of purchaser through defect in articles sold, in action for purchase money. 1916C, 514. Right of retailer held liable- for injury to recover over from manufacturer. 1915A,. 336. Conclusiveness on manufacturer given no- tice of action of judgment against re- tailer for injuries due to article sold. 1915C, 336. Liability for sale of unfit food. 1915C, 179; 1917B, 1272. Liability of employer for negligence of third person in serving unwholesome food to- farm laborers. 1915A, 328. Injury to animals by improper medicine. 1916B, 1104. Injury to consumer of beverage by foreign substance in bottle. 1915B, 877. Injury by nail in shoe used to fasten on the sole. 1916E, 1188. Injury to consumer of tobacco by defects therein. 1916A, 940. Injury by defects in automobile. 1915E, 287; 1916F, 696. Sale of gun to infant. 1915C, 460. Dangerous premises. in general. Liability of landlord, see LANDLORD AND- TENANT. Municipal liability, see MUNICIPAL CORPORA- TIONS. Dangerous school premises, see SCHOOLS. Annotations. Power of court to require oivner of premises to permit inspection in negligence cases. 1917E, 838. Liability of agent of leased premises- for injuries due to defects therein. 1917C, 83. Duty as to maintenance and repair of retaining wall. 1917F, 683. Question for jury as to. 1915B, 98. Independent contractor's liability. 1915E, 766. Liability of charitable institution for injury to fireman by unsafe condition of fire escape on building. 1917D, 967. Injury to person attending public function- in public auditorium. 1917E, 685. Duty of merchant to customers as to con- dition of store room. 1917E, 747. Injury to customer at store by swinging d'oor. 3915F, 572. Injury to person entering building to deliver papers by defective stairway. 1916F, 1110. Injury to person in express office by fall of object. 191CC, 1208. Duty to maintain premises in condition of safety to travelers on highway. 1917E,. 809. " NEGLIGENCE. 307 Liability for injury to person on railroad track by spike protruding from cross tie. 1916E, 458. Duty of carrier maintaining platform for shipment of cotton to one going thereon to see cotton buyer. 1916A, 510. As to condition of wall. 1915C, 704, 710; 1915E, 926; 1917F, 680. As to elevator wells or shafts. 1915B, 364; 1915E, 500, 721; 1917E, 696. Open, stairway in floor. 1917E, 747. liability to licensees or trespassers generally. Liability for injury to persons on or near railroad track, see RAILROADS. Duty of contractor erecting building toward persons who to his knowledge may be required to go upon attic joists. 1917A, 128. Person accepting public invitation to attend exercises in public auditorium as a trespasser. 1917E, 685. Injury to licensee by wire stretched across lawn. 1916F, 279. Landlord's liability for injury to licensee of tenant. 1916F, 1130, 1135. Injury to policeman by fall of screen when he attempts to shut and fasten a door found open. 1916B, 791. injuries to children; dangerous at- tractions. Annotations. Liability for injury to children from explosives left accessible to them. 1917A, 1295. Fire as attractive nuisance. 1917V, 1O36. Wreck as attractive nuisance. 1917F, 1O31. Sufficiency of complaint in action for death of child. 1915A, 731. Evidence on question of negligence toward trespassing child. 1917D, 875. Master's liability for negligence of independ- ent contractor. 1915A, 731. Ordinary motor truck as an attractive nui- sance. 1917D, 875. Wreck on railroad right of way as an at- tractive nuisance. 1917F, 1024. Smoldering fire in rubbish dump near side- walk as attractive nuisance. 1917F, 1024. Elevator shaft as dangerous attraction to children. 1915E, 500. Injury to infant by electric shock. 1915 A, 510; 1915C, 151, 405. Injury by explosive. 1915F, 638; 1917A, 992, 1290; 1917C, 429. Ponds; reservoir, wells, etc. 1915A, 150, 731; 1915D, 850; 1916D, 443. Maintenance without barriers, of inclined retaining wall with wide, smooth top, along side of viaduct. 1915D, 160.- Injury to child climbing on connecting pole of two wagons coupled together and thus drawn through the street. 1915D, 536. Injury to child on path which property owner has permitted to be used by pub- lic. 1915A, 510. Injury to child invited by engineer to ride on locomotive engine. 1915E, 888. Leaving denatured alcohol accessible to children. 1915E, 191. Leaving wheel scraper unguarded and un- fastened upon grounds of Bchool. 1915F, 983. On highways or waters. In use of automobile, see AUTOMOBILES. As to defects in highways, see HIGHWAYS. Injury at railway crossings, see RAILROADS. Liability of railroad company of frightening horse on highway, see RAILBOADS. Negligence of street railway, see STBEET RAILWAYS. Annotations. Liability for striking one engaged about an automobile in a highway. 1917B, 319. Signal of traffic officer as affecting duty of travelers to exercise care. 1917B, 137. Violation of ordinance as to part of street or highway to be used by vehicles. 1917C, 999. Violation of statute or ordinance giv' ing one vehicle right of wai/ as against another as affecting liabil- ity for injury. 1917D, 693. Duty owed to others by one blinded by light on highway. 1917E, 104:5. . Assault by negligent driving. 1915E, 812. Right of agent of city to city's exemption from liability for injury to pedestrians by his negligent driving. 191 6D, 508. Question for jury as to. 1917D, 690. Law of the road. 1915D, 628; 1915E, 1028; 1916A, 744; 1917C, 477. Negligence in passing standing street car to the left. 191 7C, 477. Effect of failure of one driving at night to carry lights required by statute, for injury by collision with automobile. 1917F, 444. Contributory negligence. generally. Liability notwithstanding contributory neg- ligence where injury could have been avoided, see infra. Of one injured by automobile, see AUTO- MOBILES. Of passenger, see CARRIERS. Of person injured by electric wire, see ELEC- TRICITY. Of employee, see MASTER AND SERVANT. Of person injured at railroad crossing, see RAILBOADS. On street car track, see STREET RAILWAYS* Violation of Sunday law, see SUNDAY. Ar.notntions. Right to show disability of adult on is- sue of contributory negligence without allegation thereof. 1917D, 558. 308 NEGLIGENCE. Liability for death or injury to one attempting to stop runaivay horse. 1917C, IO83. Contributory negligence in walking through doom-ay leading to place of danger. 1917D, 892. Allegation of freedom from. 1915C, 33; 1915E, 500; 1915F, 558. Necessity of pleading. 1917F, 890. Sufficiency of pleading as to. 1917F, 890. Admissibility under pleading of evidence to negative. 1917D, 556. Presumption and burden of proof as to. 1915F, 558; 1916C, 1208; 1916D, 1109; 1917D, 15; 1917F, 851. Relevancy of evidence as to generally. 1915C, 181; 1916B, Si.4; 1917A, 306, 1128; 1917E, 405; 1917F, 610. Sufficiency of proof as to. 1916D, 447; 1916F, 127. Error in excluding evidence as to. 1915C, 813. Question for jury as to. 1915A, 761 ; 1915C, 181, 843; 1915E, 721, 991; 1916E, 816; 1917C, 120, 410, 784; 1917F, 834. Necessity of instructions as to. 1917A, 306. Failure to give requested instruction as to. 1915D, 644. Prejudicial error in instruction as to. 1915E, 721; 1917A, 306; 1917D, 690. Review of verdict or finding as to. 1916D, 618. Conclusiveness of ruling as to, on second appeal. 1916C, 803. When contributory negligence is a defense. 1915C, 712; 1915E, 812, 959; 1915D, 1077; 1916D, 1064. Demurrer to complaint which shows con- tributory negligence on its face. 1915F, 638; 19l6F, 1287. Violation of law as. 1915E, 959; 1917C, 998. Drunkenness as. 1916F, 95; 1917A, 306; -1917C, 464. Acting in emergency. 1915E, 991; 1917D, 962. Voluntarily incurring risk in attempting to stop runaway horse. 1917C, 1080. In engaging in occupation that is inherent- ly dangerous. 1917E, 405. Right of one invited to particular part of premises of express company, to assume that the premises are safe. 1916C, 1208. Of customers in store falling into open stairway. 191 7E, 747. Of person thrusting head into elevator shaft. 191 5E, 740. Of tenant. 191 7A, 993; 1917B, 238. Of one injured as result of obstruction of street crossing by railroad train. 1915E, 336. Of guest at inn. 1916F, 1287; 1917F, 834. Of person injured in swimming pool. 1915F, 689. Of purchaser of medicine for horse, in ad- ministering it without testing. 1916B, 1104. Of bystander watching the raising of a de- railed locomotive. 1916F, 114. Of person injured on private tramway in attempting to replace a car upon the track with his back to another car which he knows is due. 1915F, 1125. Of bank depositor as to forged checks. 1915B, 815; 1915D, 741; 1916E, 906. of persons under disability. Of infant employee, see MASTER AND SERV- ANT. Of children injured by railroad trains, see RAILROADS. Annotations. Contributory negligence of children. 1917F, 1O. Contributory negligence of children on and about elevators. 1917F, 195. Contributory negligence of children on or about railroad track,. 1917 F, 13. Circumstances under which child crossing street car track is guilty of negligence either as matter of law or fact. 1917F, 172. Allegation of freedom from contributory negligence in action for injury to in- fants. 1915E, 500; 1915F, 558. Question for jury as to. 1915F, 638. Presumption and burden of proof as to con- tributory negligence of child. 1915F, 558. Evidence as to. 1917A, 1128. Contributory negligence of father as defense to action by mother for death of minor child. 1915E, 781. Degree of care required of fourteen-year- old boy. 1917F, 7. Care to be exercised by children in use of highway. 1917F, 1. Of child playing on railway ties in public street. 1915C, 710. Of boy coasting in city street. 1915E, 1028. Of intelligent boy of fifteen, accustomed to street traffic, in attempting to board moving motor truck. 1917D, 875. Of infant in protruding his head through opening in door of elevator while it is in motion. 1917F, 187. Negligence of boy riding on steps of rail- road car. 1915B, 166. Of five-year-old child in accepting invitation to ride on locomotive engine. 1915D, 888. Of eight-year-old boy in attempting to as- sist in pushing a car along track. 1917F, 116. Child injured by street car. 1917F, 164, 165, 167. on highways. Of persons under disability, see supra. Of person injured by automobile, see AUTO- MOHILES. As to injuries from defects in highways, see HIGHWAYS. At railway crossing, see RAILROADS. On street car track, see STREET RAILWAYS. NEGLIGENCE NET EARNINGS. 309 Annotations. Violation of ordinance as to part of street or highway to be used by vehicles as contributory negligence. 1917C, 999. Violation of statute or ordinance giving one vehicle right of way as against another as affecting liability for in- jury. 1917D, 693. Relevancy of evidence of. 1917E, 405. Right of one crossing street to rely on drivers of vehicles obeying ordinance. 1916A, 943. Of one crossing highway diagonally with load on his shoulders, in failing to look behind him upon approaching center of street. 1916A, 943. Duty of one repairing tire on automobile in. street to look out for passing vehicles. 1917B, 316. Of one falling over fender of street car. 1917C, 410. Coasting in city street. 1915E, 1028. Of driver of automobile or one riding with him. 1915B, 953; 1917F, 444. Speed, 1915E, 959, 1028. imputed. Annotation. Imputing negligence of driver of fire apparatus to firemen injured by collision with street car. 1917E, 415. Question for jury as to. 1917A, 543. When persons are engaged in joint enter- prise so that the negligence of one will be imputed to another. 1917A, 543. Imputing negligence of wife contributing to death of child to husband so as to preclude his right of recovery. 1917A, 1128. Of carrier to passenger. 1917D, 344. Of parent to child. 1915F, 11. Of husband to wife. 1916A, 1111. Of driver to passenger. 1915A, 761; 1915B, 953; 1915C, 419; 1915E, 588; 1916A, 1111; 1917A, 543; 1917E, 405; 1917F, 253, 444. injury avoidable notwithstanding contributory negligence; last clear chance. Question for jury as to. 1916E, 58. Admissibility of evidence as to, under plead- ings. 1916A, 943. Necessity that complaint admit contribu- tory negligence to permit doctrine of last clear chance to be invoked. 1916A, 943. In case of injury to servant. 1916F, 95. In case of injurv by automobile. 19] 5C, 702; 1916A, 943. In case of injury on railroad track. 1915F, 1151; 1916E, 555. In case of injury at railroad crossing. 1917E, 1124; 1917F, 1, 118. In case of injury by street car. 1916E, 58. NEGOTIABILITY. Of bill or note, see BILLS AND NOTES. NEGOTIABLE PAPER. See BILLS AND NOTES; CHECKS. NEGROES. Equal rights of, see CIVIL RIGHTS. Annotation. Cumulative penalties for failure of carrier to provide separate accom- modations for white and colored persons. 1917B, 54:8. Libel by charging that corporation placed 1 negro foreman as boss over white girls. 1916E, 667. Covenant in deed of real estate forbidding sale of property to negro. 19] 6B, 1201. Trust to provide means for transportation of, to Liberia. 191 7C, 937. Conspiracy to deprive citizens of right to vote. 1916A, 1124. Excluding negroes from right to burial in cemetery. 1917B, 946. Requiring colored and white children to be educated in separate schools. 191 5A,. 828. Ordinance forbidding white and colored per- sons to reside in the same block. 1915D, 684. Segregation of white and colored passengers* 1917B, 544. Requiring sheriff in charge of colored prisoner to ride in car set apart for colored passengers. 1916E, 278. Liability of carrier for act of policeman in expelling negro passenger from station. 1916E, 1107. NEPHEWS AND NIECES. Meaning of words "nieces and nephews" in will. 1916F, 787. Aunt's insurable interest in life of nephew. 1916F, 457. NERVOUS SHOCK. Damages for, see DAMAGES; FRIGHT. 4 NET EARNINGS. What are. 1917A, 1068. 310 NEWLY DISCOVERED EVIDENCE NEW TRIAL. NEWLY DISCOVERED EVIDENCE. Annotation. As ground for opening decree of di- vorce. 1917B, 466. New trial for. 1915B, 243; 1915C, 302; 1915F, 797; 1916B, 745, 1132; 1916C, 566, 1152, 1155; 1916D, 519; 1916F, 1044, 1251; 1917D, 571; 1917F, 1043. NEW PROMISE. To interrupt running of limitations, see LIMITATION OF ACTIONS. NEWSBOY. Liability of landlord for injury to newsboy calling on tenant. 1916F, 1110. NEWSPAPERS. As to right of free speech, see CONSTITU- TIONAL LAW. Contempt by, see CONTEMPT. Libel by, see LIBEL AND SLANDER. Publication of, on Sunday. 1916C, 1148. Right of governor to suppress newspaper during existence of martial law. 1915A, 175. Forbidding circulation of newspapers con- taining advertisements of intoxicating liquors. 1915E, 640. Injunction against publication in. 1917A, 160. Admissibility in evidence. 1915C, 690; 1917D, 855. New trial because false newspaper state- ment is allowed to come to knowledge of jury. 1917D, 921. NEW TRIAL. In general; as matter of right. For errors of the court. For matters pertaining to jury or ver- dict. in general. erroneous verdict. selection and qualification of, or influence upon, jurors. misconduct or separation of jurors. New evidence; surprise. Practice; procedure. in general; time. evidence; affidavits. granting new trial of some is- sues only. In general; as matter of right. Review of discretion as to,, on appeal, see APPEAL AND ERROB. Grounds for, on appeal, see APPEAL AND ERROR. Effect of appeal from judgment refusing second new trial to bring up for review order granting the first new trial. 1915D, 621. Distinction between principles that control direction of verdict and grant of new trial. 1917E, 715. Raising questions for review on appeal by motion for. 1915A, 120; 1915F, 922; 1916A, 1240; 1917A, 1194. Right of one who has appealed from order granting, to dismiss appeal and proceed with new trial. 1917A, 111. When issue of fact which may be re-exam- ined upon new trial arises. 1917B, 1296. Grant of new trial as to one defendant and refusal as to another. 1915D, 1116. Waiver of error giving right to. 1915D, 1077. On ground of lack of jurisdiction in the trial judge. 1916E, 830. Recantation by state's witnesses in murder case. 1916F, 1044. Loss of case made in mails resulting in fail- ure to file it within time required by statute. 1917B, 1073. For errors of the court. Annotations. , Admonishing or warning witness "by judge in criminal case as ground for new trial. 1917E, 859. Delegation of power to receive verdict in criminal case. 1917E, 1O9O. Necessity of granting new trial after erro- neously denying motion for peremptory instruction. 1916D, 514. Admission of evidence. 1915D, 1116. As to instruction. 1916A, 943. Withdrawal of question from jury. 191 5D, 968. In permitting jury returning sealed verdict to return to jury room and correct ver- dict by inserting amount of recovery. 1916C, 1134. Act of court in returning written answer to written question sent by jury which has retired, while judge was waiting in lobby to receive the verdict, without re- quiring attendance in court of parties and their counsel. 1915D, 719. For matters pertaining to jury or ver- dict. in general. Annotation. For failure to swear jury. 1917D, 399. In permitting jury returning sealed verdict to return to jury room and correct ver- dict by inserting amount of recovery. 1916C* 1134. NEW TRIAL NOMINATIONS. 311 Act of court in returning written answer to | Right to open divorce decree to ascertain written question sent by j'iry which has retired, while judge was waiting in the lobby of the court to receive the verdict, without requiring attendance in the court of the parties and their counsel. 1915D, 719. erroneous verdict. Affidavit of juror to support verdict. 1915D, 569. Theory that jury in negligence case was re- quired to frame a measure of care to be exercised by defendant and determine whether or not he performed his duty so that its decision cannot be disturbed by the court. 1916D, 1179. Insufficiency of evidence to sustain verdict. 1915B, 140; 1917B, 316. selection and qualification of, or in- fluence upon, jurors. Annotation. Attack, out of court in presence of jury- men upon credibility of witness as ground for new trial. 1917B, 248. Bias of juror. 1917B, 246. Statement by relative of plaintiff in hear- ing of juror that material witnesses for defendant had lied. 1917B, 246. Permitting a false newspaper statement in regard to one on trial for murder to come to knowledge of jury. 1917D, 921. misconduct or separation of jurors. Act of juror in bringing to the attention of the others fact that accused had been convicted and sentenced on a former trial. 1917E, 930. Use of intoxicating liquors. 1915C, 302; 1917F, 210. Surreptitious view by jury. 1915B, 702. New evidence; surprise. Newly discovered evidence. 1915B, 243; 1915C, 302; 1915F, 797; 1916B, 745, 1132; 1916C, 566, 1152, 1155; 1916D, 519; 1916F, 10*4, 1251; 1917D, 571; 1917E, 668; 1917F, 1043. Surprise. 1916E, 100. Practice; procedure. in general; time. Affidavit of juror to support verdict. 1915D, 569. Time. 1915D, 817; 1915E, 6~18. evidence; affidavits. Failure to support by affidavit facts urged as ground for new trial. 1915F, 922. Libel by statement in affidavit supporting motion for new trial. 1915C, 986. granting new trial of some issues only. On appeal. 1915E, 239; 1915F, 723; 1916C, 1183. Awarding new trial upon the question of damages only. 1915E, 239. i(f it was procured by perjured testi- mony without retrying the whole case. 1917F, 974. NEXT FRIEND. Right of incompetent to prosecute action by. 1917A, 299. NEXT OF KIN. Disinheritance of, see WILLS. NIECE. See NEPHEWS AND NIECES. NISI PRIUS. Reversal of jtidgment of appellate court in which action was tried de novo because of errors of nisi prius court. 1916B, 1117. NITROGLYCERIN. Annotation. Keeping of, on 19 1TIC, 278. insured premises. NOISE. Fright of horse by, at railroad crossing, see RAILROADS. Liability of railroad company to abutting owner for noise not amounting to a nui- sance. 1917C, 346. As element of damages in condemnation pro- ceedings. 1916A, 1079; 1916E, 420. NOMINAL DAMAGE. Demanding for first time on appeal. 1915F, 888. For breach of contract by broker. 1917C, 737. For breach of covenant. 1915D, 898. For deprivation of riparian owner of right to divert water and use it in such a manner that it becomes polluted and unfit to return to stream. 1917F, 1146. NOMINATIONS. To office, see ELECTIONS. 312 NONCLAIMS NOTICE. NONCLAIMS. Time to present claim against decedent's es- . tate. 1915B, 797; 1915D, 754. NONINTOXICATING LIQUORS. Annotation. Validity of license tax on sale of, as affected by amount. 1917C, 463. As within prohibition of sale of liquor. 1917B, 962. Right to prohibit sale of. 1917B, 962. NON OBSTANTE VEREDICTO. See JUDGMENT. NONRESIDENTS. Attachment against, see ATTACHMENT. Unconstitutional discrimination against, see CONSTITUTIONAL LAW. Foreign corporations, see COBPOEATIONS. Jurisdiction over, generally, see COURTS. Jurisdiction of divorce suit by or against, see DIVORCE AND SEPARATION. Tax on property of, see TAXES. Service on, see WRIT AND PROCESS. Annotations. Liability to pay transfer or inheritance tax in respect of stock, in a domestic corporation belonging to estate of nonresident. 1917F, 27O. Power to grant alimony in a divorce proceeding case without personal service of process. 1917 F, 1161. Tax on property of, generally. 1915C, 922, 929. Transfer tax on property of. 1917D, 281; 1917F, 267, 273. Refusing to, license to sell lightning rods. 191 7C, 528. Right of sheriff to appoint nonresident as deputy. 191 6B, 897. Collateral attack on judgment against. 1917B, 395; 1917C, 171. Service on, generally. 1915B, 881. Personal judgment against nonresident served by publication only. 1917F, 458. Exemption from service of process of non- resident temporarily in state. 1915A, 694; 1916E, 1170. Xe exeat to prevent removal of property by, from state. 1916C, 403. Right of, to exemptions. 1915A, 396, 421. Running of limitations in favor of. 1915C, 544. NOTARY. Eligibility of woman. 1915F, 898. Power of legislature to authorize appoint- ment of woman as. 1917D, 286. Presumption as to power of notary of other state. 1916A, 1167. NOTES. In general, see BILLS AND NOTES. Admissibility in evidence of notes exchanged between the United States and Ger- many, after publication in newspaper. 1917D, 855. NOTICE. In general. Imputed. in general. by knowledge of agent or repre- sentative. by possession or servitude. In general. Of appeal, see APPEAL AND ERROR. Of nonpayment of note, see BILLS AND- NOTES. Of rights of third person in note taken by assignment, see BILLS AND NOTES. Of injury to property shipped, see CAR- RIERS. Relevancy of evidence as to, see EVIDENCE. Allegation as to, in indictment, see INDICT- MENT, ETC. Of loss by insured, see INSURANCE. Effect of, on servant's assumption of risk,. see MASTER AND SERVANT. Of claim against city, see MUNICIPAL COR- PORATIONS. Record as, see RECORDS AND RECORDING XiAWS. To creditors of debtor selling stock of goods in bulk, see SALE. Of contents of telegram, see TELEGRAPHS. Sufficiency of, to confer jurisdiction, see WRIT AND PROCESS. Of injury and claim for compensation under Workmen's Compensation Act. 1917D, 135. Knowledge or intent as element of the offense of using or giving false weight or measure. 1917D, 1129. As element of crime. 1916D, 262; 1916F, 735; 1917D, 944; 1917F, 469. Parol evidence of mailing of. 1917C, 416. Sufficiency of evidence to show. 1916E, 298; 1917E, 250. Mailing of, within time limited in contract as satisfying requirement of notice. 1915B, 181, 1114. NOTICE. 313 Presumption of receipt of notice sent through mails. 1917C, 416. Sufficiency of compliance with statute pro- viding for notice but not prescribing manner of service. 19] 7D, 71. As condition precedent to right of action. 1917C, 879. Necessity of, in injunction suit: 1915A, 606. Necessity of, to constitute due process. 1915B, 1149; 1915F, 541, 548, 894; 1916B, 1193; 1916E, 1; 1916F, 910; 1917A, 1185; 1917C, 574; 1917D, 365, 926; 1917F, 458, 1159. Necessity of notice of forfeiture before com- mencing action for breach of condition subsequent. 1917C, 879. Necessity of, before dismissal of school- teacher. 1916C, 789. Necessity of notice of reward offered by gov- ernment to entitle one who complies with its terms to claim it. 1916A, 1276. Binding effect of compromise on party who acted without full knowledge of the facts. 1917D, 847. That Workmen's Compensation Act is not to apply in certain case. 1917D, 71. Statute as to recording notice of redemption from mortgage. 1915D, 349. Requiring purchaser on foreclosure to noti- fy person having right to redeem be- fore taking his deed. 1915C, 414. In eminent domain proceedings. 1916B, 1193. Of designations of additional terms of court. 1915B, 103. Of meetings of board of equalization. 1916E, 1. Of judicial sale, generally. 1916E, 1140. Of tax sale. 1915C, 158, 690. Of foreclosure sale. 1915B, 640. Of postponement of mortgage sale. 1915B, 640. Of appointment of receiver. 1915A, 606. Of limitation upon powers of municipality. 1915D, 978. Of mining claim. 1915A, 1113. Of abandonment of option contract. 1915B, 181. Of tenant's intention to exercise option to purchase given by lease. 1916F, 352. Of tenant's intention to quit. 1915A, 235. Of intention to renew lease. 1916E, 1227. Of assignment to garnishee. 1916D, 361. Of acceptance of guaranty. 1917D, 402. Of local improvement assessment. 1917D, 365. Of nuisance as condition of liability. 1916D, 426; 1917B, 1245. Of arrival of property shipped. 1917C, 416; 1917D, 916. Of motion. 1917D, 1049. Of primary election contest. 1917B, 723. Of owner, of vicious propensities of dog. 1915E, 372; 1916C, 344; 1916D, 1032. Of retirement of partner from firm. 1915B, 418; 1915F, 711. Of breach of shop rule by employees. 1915F, 558. To attorney before disbarment. 1915D, 1218. To municipality of existence of nuisance. 1916D, 426. To mortgagee of cancelation of insurance policy. 193 5C, 758. To insurance company, estoppel by. 191 5F, 759; 1916A, 979; 1916B, 901; 1917D, 1174; 1917E, 983; 1917F, 663. To insurance company before sale of goods injured by fire. 1917A, 1078. To master of injury to servant. 1915E, 519; 1915F, 551; 1917A, 76. To purchaser by seller of time when goods will be delivered. 1917A, 1157. To consignor of consignee's refusal to ac- cept goods and pay freight. 1917C, 1124. To shippers and travelers, of carrier's tariff named in filed schedule. 1917B, 787. To principal of possibility that purchasing agent will offer exorbitant price. 1917E, 788. To bank on which check is drawn of intend- ed misappropriation of funds. 1915B, 715. To bank of by-law of corporate depositor. 1915B, 715. To purchaser of deficiency in quantity of land. 1916C, 403. To creditors of claim against receiver for attorney's fees. 1915F, 1219. Sufficiency of exorbitant price offered by purchasing agent to put on inquiry as to his authority person selling to him. 1917E, 788. Certification before maturity of postdated check as notice that certification was beyond the authority of the officer mak- ing it. 1917F, 1096. Charging director of corporation with knowledge of everything it is his duty to know concerning commercial parx^ which he undertakes to sell. 1915D, 1099. Imputed. in general. Imputing to officer of corporation knowl- edge of the corporation. 1915D, 1099. Imputing to directors knowledge of finan- cial condition and transactions of cor- poration. 1917D, 402. by knowledge of agent or represent- ative. Of officer or agent of corporation generally. 1915F, 1203; 1916C, 767; 1916F, 822; 1917E, 516; 1917F, 300, 453. Notice to foreman as notice to master. 1916F, 1237. Knowledge of person in charge of powder house that boys were collecting cans containing small amounts of powder, as imputable to his employer. 1917A, 1290. Imputing to client knowledge of attorney. 1916D, 7. Of agent's own wrong. 1915B, 815; 1091; 1916C, 1101; 1917A, 519; 1917F, 303. 314 NOTICE NUISANCES. by possession or servitude. Notice to mortgagee from possession of land. 1916B, 1063. NOVATION. Effect of renewal of bank deposit certificate as a novation of the original indebted- ness. 191 5B, 168. Effect of renewal of certificate of deposit to work a novation. 1916B, 168. Of contract for support. 1915B, 1. Of contract for purchase of automobile. 1916C, 443. When limitations begin to run against rights under novation contract. 1915B, 1. NUISANCES. In general. What are. Remedies. in general; who may have. who liable. abatement. defenses. Criminal liability. In general. Municipal regulations as to, see MUNICIPAL CORPORATIONS. Annotation. Liability of private person for dam- ages to property in abating a nui- sance. 1917C, 104:2. Liability of citizens seeking to close store as a nuisance. 1916D, 391. "What are. Place where intoxicating liquors are kept or sold as, see INTOXICATING LIQUORS. City's power to declare what constitutes, see MUNICIPAL CORPORATIONS. innovations. Operation of mine as a nuisance. 1917B, 313. Obstruction in highway preventing ac- cess to property except by a cir- cuitous route as a special injury entitling owner to maintain action for damages or for abatement of the nuisance. 1917A, 1155. Keeping of pigs as nuisance. 1917C, 212. Garage as a nuisance. 1917 E, 369. Sufficiency of evidence as to. 1915B, 415. Power of legislature to declare what con- stitutes. 1917F, 1076. Statutory declaration as to nuisance. 3917E, 383. Obstruction of streets as nuisance; what constitutes. 1917E, 383. Living together of man and woman publicly known not to be married to each other. 1916C, 651. Division fence. 1916E, 870. Explosives. 1915A, 615; 1915E, 430; 1916B, 716. Pollution of water. 1917F, 1146. Operation of coal mine. 1917B, 310. Keeping of pigs. 1917C, 211. Garbage as a nuisance. 1917E, 1163. Barn used as livery and garage. 1917E, 366. Remedies. in general; who may have. Measure of damages for, see DAMAGES. Annotation."*. Statute empowering or requiring public or local authorities to maintain suit to abate public nuisance as af- fecting the right of an indirUlual peculiarly affected to maintain the suit. 1917E, 1OO9. Interference with pleasurable use of stream as causing special damage or peculiar injury which will sus- tain an action by a private in- dividual for nuisance. 1917F, 208. Evidence in rebuttal in action for. 1915C, 747. When statute of limitations begins to run. 1916E, 960. Failure to call witness in action to enjoin. 1917B, 310. Power of legislature as to. 1917F, 1076. Right of municipalitv to maintain suit to abate. 1916B, 1016. Right of prosecuting attorney to file bill to abate nuisance. 191 5E, 408. Effect on private right of action of statute empowering public prosecutors to in- stitute civil action for abatement of public nuisance. 1917E, 1007. Effect of fact that expense of suit filed by attorney-general is paid by private re- lators. 1915A, 615. Effect of statutory authority on nature of remedy for injury from nuisance. 1917B, 329. Estoppel to complain of. 1916C, 939; 1916E, 990. Right to enjoin mining of coal under school building where title to property was taken with reservation of right to* mine. 1917E, G72. Special injurv in general. 1916B, 1143; 1916C, 1260; 1916D, 358; 191 7A, 11 50; 1917B, 310; 1917E, 1007; 1917F, 206. Right of person who purchases property subsequent to erection of structure causing nuisance. 1916E, 966, 977, 983. Successive suits for. 1916E, 958, 962, 983, 990; 1917F, 475. Depreciation of property because of, as a taking for which compensation must be made. 1915C, 747. NUISANCES OBJECTION S. 315 Hight to recover for consequential injuries caused by structure properly located and operated but which constitutes a private nuisance. 1917D, 317. who liable. Liability of one aiding and abetting a nui- sance. 1917F, 621. Notice of nuisance as condition of liabil- ity. 1916D, 426; 1917B, 1245. Liability of municipality for. 1915C, 747, 751; 1915F, 568; 1917C, 1046; 1917D, 914; 1917F, 475. Landlord's liability for. 1915B, 364; 1915F, 703. Liability of members of executive com- mittee of state board of agriculture. 1916F, 578. Liability of executory vendor for use of property as house of ill fame. 1916F, 325. Liability of receiver for nuisance existing at time he takes possession. 1916F, 1018, 1021. abatement. Municipal abatement of nuisance, generally, see MUNICIPAL CORPORATIONS. Annotation. Liability of private person for damages to property in abating nuisance. 1917C, 104:2. Condition precedent to injunction suit against municipality. ' 1916D, 426. Effect of laches. 1915A, 615. Jurisdiction of application for injunction. 1917F, 1076. Right of prosecuting attorney to file bill to abate nuisance. 1915E, 408. Right of municipality to maintain suit for abatement. 1916D, 1016. Liability of city for acts of its officers in abating nuisance. 1915B, 415. Equitable remedies in general. 1915A, 615; 1915E, 408; 1916C, 1260; 1916D, 426; 1916F, 1001; 1917A, 524; 1917D, 1023. Duty of railroad company removing cot- tage washed upon its tracks by flood to restore it to the lot of its owner. 1917C, 1038. Destruction of property. 1915B, 415; 1917C, 1038; 1917F, 1096. defenses. Power oif Congress to confer immunity. 1915A, 887. Legislative authority. 1915A, 615; 1915B, 1207; 191 6C, 1260; 1917B, 329; 1917C, 1046; 1917D, 317 Criminal liability. Liability of members of executive committee of state board of agriculture. 1916F, 578. Indictment of railroad company for main- tenance of nuisance resulting from change by municipality of grade of street passing under trestle. 1915B, 766. Criminal prosecution by state against garb- age company operating its plant under contract with municipality, authorized by legislature. 1915B, 1207. NUNC PRO TUNC. Right to file nunc pro tune amended dec- laration tendered after lapse of time allowed for filing. 1917D, 652. Entering of judgment nunc pro tune. 1917F, 1. NUNCUPATIVE WILL. See WILLS. NURSE. Recovery for expense of, under Workmen's Compensation Act. 1916A, 1. Expenses for nurse's hire as element of damages for personal injuries. 191 5F, 992. Opinion evidence as to charges of. 1915F, 992. Liability for negligence of. 1915D, 334, 1167. OATH. Verification of pleading, see PLEADING. Annotation. Effect of failure to swear jury. 1917D, 399. Conviction for false swearing notwithstand- ing defendant did not know his state- ment to be untrue. 1916B, 848. Failure to swear jurors. 1917D, 391. Sufficiency of oath administered to jurors. 1917D, 391. Reswearing of jury after discharge of one juror thereof. 1916E, 1264. Verification of information. 1915B, 505, 651; 1917C, 610. Verification of information in contempt proceeding. 1917C, 845. Verification of facts stated in application for mandamus. 1915F, 1033. Verification of claim against municipality. 191 6D, 1079. Requiring voters in primary election to state on oath his party affiliations. 1917B, 723. OBJECTIONS. To raise question on appeal, see APPEAL AND ERROR. To deposition, see DEPOSITIONS. In general, 'see TEIAL. 316 OBSCENITY OFFICERS. OBSCENITY. Effect of good intent in use of obscene lan- guage on liability therefor. 1916B, 1117. OBSTRUCTING JUSTICE. By inciting institution of fictitious suit. 1915B, 689. Removal by corporation of its books and papers from jurisdiction of court to avoid producing them before grand jury. 1915B, 913. OBSTRUCTION. Of highway, see HIGHWAYS. Of justice, see OBSTRUCTING JUSTICE. Of water generally, see WATERS. Of Surface water, see WATERS. Of navigation by drawbridge. 1915F, 1062. OCCUPANCY. Of insured premises. 1915B, 844. OCCUPATION. Of insured, see INSURANCE. Tax on, see LICENSE. OCCUPATIONAL DISEASE. Annotation. Recovery under Workmen's Compensa- tion Act for incapacity resulting from. 1917D, 113. Recovery for, under Workmen's Compensa- tion Act. 1916A, 283; 1916B, 1277; 1916E, 510. 4 OCCUPATION TAX. See LICENSE. OCULISTS. Annotation. Application to, of statutes regulating the practice of medicine. 1917C, 826. ODOR. Depreciation of property by. 1917C, 1046; 1917F, 475. i Spreading of, as a taking or damaging of property for which compensation must be made. 1917D, 683. " OFFER. In general, see CONTRACTS. 4 OFFICERS. In general. Eligibility generally. Holding other office. Appointment and election. Qualifying; induction; vacancy. Term; holding over. Resignation or deprivation of office. resignation. abolishing office. removal or suspension. Contest of title. Rights; powers; duties; liabilities. in general. compensation and fees. liabilities. In general. Taking of acknowledgment by, see AC- KNOWLEDGMENT. Arrest by, see ARREST. Of bank, see BANKS. Bonds of, see BONDS. As to civil service, see CIVIL SERVICE. Of corporation, see CORPORATIONS. Validity of contracts of officers or affecting official action, see CONTRACTS. Consuls, see DIPLOMATIC AND CONSULAR OFFICERS. Nomination to office, see ELECTIONS. Presumption and burden of proof as to acts of, see EVIDENCE. As to health officers, see HEALTH. Injunction against, see INJUNCTION. Of insurance company, see INSURANCE. As to judges, see JUDGES. As to justices of the peace, see JUSTICE OF THE PEACE. As to legislature, see LEGISLATURE. Libel of, see LIBEL AND SLANDER. Mandamus to, see MANDAMUS. Municipal liability for acts of, see MUNIC- IPAL CORPORATIONS. Notaries public, see NOTARY. Private action against, to enforce public right, see PARTIES. As to receivers, see RECEIVERS. Of church, see RELIGIOUS SOCIETIES. Of schools, see SCHOOLS. Illegal seizure by, see SEARCH AND SEIZURE. As to tax officers generally, see TAXES. OFFICERS. 317 Annotations. JPublic officer as an "employee" \vithin meaning of Workmen's Compensa- tion Act. 1917D, 146. Expenses incurred by public officials or employees in attending conventions, etc., as a proper charge on public funds. 1917E, 332. Conversion by bank lending draft to public officer to cover shortage, in receiving it back for cancelation. 1916C, 544. Assault on. 191 6B, 955. Duty to officer permitted to enter train to arrest a person to give him time to make arrest and alight in safety. 1917D, 980. . Proceeding to compel auditor to issue war- rants for statutory allowances to state officers. 1915E, 858. Effect on suit to compel county officer to perform statutory duties, of repeal pending suit of statute inposing duties. 1915A, 639. Legislative control over municipal officers. 1917A, 1244. Power of legislature to authorize munic- ipality to create and abolish its own municipal offices and to define the powers and duties of the incumbents. 1916D, 913. Necessity of uniformity in the character and number of municipal officers. 1916D, 913. Vested right in office. 1917A, 1244. Farming of public office. 1916E, 618. Eligibility generally. Presumption as to qualifications of officers. 1917A, 1244. Eight of officer ousted for certain offenses to enter upon succeeding term to which he had previously been elected. 1916D, 951. . Eligibility of women. 1915F, 898. Holding other office. Annotations. Incompatibility of offices at comiuon law. 19 17 A, 216. Offices within constitutional or statu- tory provisions against holding two offices. 1917 A, 231. Mail carrier as public officer within statute imposing penalty upon officer who undertakes to hold any other office. 1917A, 228. Incompatibility of offices of member of board of education and the clerk there- of. 1917D, 210. Vacation of office by acceptance of incom- patible office. 1917D, 210. Appointment and election. Power of legislature to prescribe manner of choosing municipal officers. 1917A, 1244. Delegation to municipality of power as to. 1916D, 913. Appointment or election of assessor of in- comes. 1915B, 569. Qualifying; induction; vacancy. Vacancy; what constitutes. 1915E, 401; 1917A, 211. Term; holding over. Partial invalidity of statute as to. 1915C, 378. Delegation to municipality of power as to. 1916D, 913. When term begins to run where no time is fixed by law. 1915E, 401. Resignation or deprivation of office. resignation. Annotation. Right to repudiate or withdraw resig- nation. 1917F, 547. Presumption that officers acted in accord- ance with law in accepting resignation. 1917F, 545. Validity of undated resignations placed in hands of an appointing power by per- sons about to be appointed to office. 1915E, 401; 1917F, 545. abolishing office. Power of legislature to abolish municipal office. 1917A, 1244. Delegation to municipality of power as to. 1916D, 913. removal or suspension. Recall of officers, see INITIATIVE, REFEREN- DUM AND RECALL. Removal of school teacher, see SCHOOLS. Review of discretion as to severance in pro- ceedings to oust several incumbents. 1916D, 1090. Effect of appeal or supersedeas bond to sus- pend judgment ousting persons from office. 1915E, 401. Disqualification of judge to sit in proceed- ing to oust officer. 1916D, 1090. Right to jury trial in proceeding to oust. 1916D, 1090. Retroactive effect of statute providing for ouster. 1916D, 1000. Power of court in proceeding to oust officer to determine as to the right to elect his successor. 1916D, 1090. Admissibility of oral evidence in proceeding to oust officer. 1916D, 1090. Power of legislature to provide for ouster for malfeasance in office. 1916D, 951. Effect on statutory provision for ouster of officers of subsequent statute providing for recall. 191 6D, 1090. Power to remove one whose office has be- come vacant bv acceptance of incom- patible office. 191 7D, 210. Removal of mayor for refusal to execute state prohibitory liquor law although his constituents do not want the law enforced. 1916D, 1090. Removal for offienses committed during prior term. 1916D, 1090. 318 OFFICERS OMNIBUS. Contest of title. Mandamus to determine title to office, see MANDAMUS. Rights; powers; duties; liabilities. in' general. Validity of contracts of, see CONTRACTS. Power of municipal officers, see MUNICIPAL CORPORATIONS. Annotation. Right of public to benefit of discover- ies, inventions, devices, data, etc. made or prepared by officers. 1917B, 1183. Power of legislature to define powers and duties of municipal officers. 1917A, 1244. Delegation to municipality of power as to. 1916D, 913. Necessity of uniformity in powers of. 1916D, 913. Right of public to maps and plats prepared by officer out of office hours upon paper taken from discarded public books. 1917B, 1176. Right of officer who has prepared index of public records at his own expense to remove it at expiration of term. 1917B, 1179. compensation and fees. Of prosecuting attorney, see DISTRICT AND PROSECUTING ATTORNEYS. Annotation, Right to garnish fees or salary of pub- lic officer after expiration of term of office. 1917F, 1119. Garnishment of salary of. 1917F, 1117. Assignability of unearned compensation. 1916E, 618. Effect of income tax law to name officers whose salaries shall be exempt. 1915B, 569. Sufficiency of title of statute as to. 1917B, 176. Validity of offer by candidate to take only part of his salary if elected. 1917B, 191. Validity of contract as to. 1917C, 1084. Estoppel to claim fees. 3917B, 176. Extra or additional compensation; per- quisites. 1915E, 858. Increase or reduction. 1915A, 295. liabilities. Liability on bond, see BONDS. Liability for false imprisonment, see FALSE IMPRISONMENT. Of judges, see JUDGES. Of officer making levy, see LEVY A^D SEIZURE. Of military officers. 1915A, 175, 1141. Liability of governor for damages resulting from carrying out of his lawful orders. 1JU5A, 175. Liability for failure to take bond required by statute. 1916F, 481. I Personal liability on undertaking to indem-' nify surety on injunction bond. 1915A, 853. Liability to garnishment. 1917F, 1117. Parol evidence as to intent of officers sign- ing instrument as individuals. 1915A, 853. Liability of cattle inspector for injury to- animal during inspection. 1915B, 1013. Liability for injuries in defective street. 1916B, 1184. Liability for injuries on defective bridge. 1917B, 369. OFFSETS. Set-off generally, see SET-OFF AND COUNTER- CLAIM. Oil.. Inspection of, see INSPECTION. In mine, see MINES. Annotation. Keeping of, on insured premises* 1917C, 278. State inspection law as interference with commerce. 1916D, 193. Injury to purchaser by explosion of. 1915C,. 336. OILING STREET. Annotation. Liability for injury due to. 712. 1O17F, Injury to bystander by skidding of auto- mobile due to slippery condition of pavement because of oil placed thereon. 1917F, 710. *-- OIL TANK STATIONS. Separate taxation of, on railroad right of way. 1916E, 404. Local tax on oil tank stations on right of way of interstate railroad. 1916E, 404. OLEOMARGARIN. Violation of statute regulating sale of. 1915A, 7r>7. Of property from tax list. 1915C, 929 j 1916C, 522; 1916E, 404. OMNIBUS. See HACKS AND TAXICABS. OPEN SHOP ORAL EVIDENCE. 319 OPEN SHOP. Annotation. Controversy over open or closed shop as justification for employed to aid strike. 1917F, 76O. OPERATION. Annotation. Duty of injured employee seeking re- covery under Workmen's Compen- sation Act to submit to. 1917D, 174. Effect on recovery under Workmen's Com- pensation Act, or refusal of injured employee to submit to. 1916A, 381. Bursting of stitches closing wound made by operation as an accident within mean- ing of insurance policy. 1915E, 955. OPINION. As evidence generally, see EVIDENCE. Expression of, as fraud, see FRAUD AND DE- CEIT. Weight of. 1916A, 1079; 1916D, 1074. OPINION EVIDENCE. See EVIDENCE. OPIUM. Wife's right of action for unlawful sale of opium to husband. 1917D, 732. OPTHALMOLOGISTS. Annotation. Application to, of statutes regulating the practice of medicine. 1917C, S20. OPTION. In general, see CONTRACTS. Of insured, see INSURANCE. Annotations. Validity and effect of agreement Z>y vendor to repurchase or permit a rescission of the contract, or to re- sell the property, at the option of his vendee. 1917C, 763. Specific performance of provisions for appraisal of property preliminary to exercise of option. 1917C, 813. Devolution of interests of respective parties to option. 1917D, 719. Options to purchase, and the rule against perpetuities or against un- due suspension of the power of alienation. 1917D, 9O4. Rights under optional land contract as real or personal property. 1917F, 358. Mining lease as an option terminable at pleasure. 1915B, 561. Defense to action to recover consideration for option. 1915A, 271. Consideration for option. 1915C, 367. Specific performance of option contract. 1915C, 367. Specific performance of provisions of con- tract preliminary to exercise of option. 1917C, 809. Tender of amount due on exercise of option to purchase. 1916F, 352. What constitutes breach of option for pur- chase of real property. 1915A, 271. Agreement of vendor to resell land at ven- dee's option. 1917C, 761. For purchase of insured property, as breach of condition as to ownership. 1917A, 299. Validity of fifty-year option for a thirty- year mining lease. 1917D, 900. Abandonment of fifty-year option for a thirty-year mining lease by failure to explore and take a lease within thirty years after the contract was entered into. 1917D, 900. Of tenant to renew lease. 1916E, 1227, 1235. Lessee's option to purchase. 1915C, 367; 1916F, 352; 1917C, 809. Effect of insertion in lease of option to pur- chase, to work a conversion of the real- ty into personalty in case lessor dies before exercise of option. 1916F, 352 ; 1917D, 713. OPTOMETRISTS. Annotation. Application to, of statutes regulating the practice of medicine. 1917C, 826. ORAL CONTRACTS. In general, see CONTRACTS. Specific performance of, see SPECIFIC PER- FORMANCE. ORAL EVIDENCE. See EVIDENICE. 320 ORCHARD PARADE. ORCHARD. OVERFLOW. Liability for, see WATERS. Mechanics' lien for cultivating and caring for. 1917D, 349. ORDER OF PROOF. On trial. 1915F, 6; 1917F, 571. ORDINANCES. In general, see MUNICIPAL CORPORATIONS. ORE. See MINES. ORIGINAL JURISDICTION. Of appellate court. 1915B, 95, 569; 1915C, 287; 1917B, 710. ORIGINAL PACKAGES. Interstate commerce in, see COMMERCE. OSTEOPATHS. Annotation. Application to, of statutes regulating the practice of medicine. 1917C, 822. Rights conferred bv license to practise oste- opathy. 1917t>, 996. OVERALLS. Claim for, as within protection of contrac- tor's bond. 1917A, 336. OVERDRAFT. Application to, of proceeds of draft belong- ing to third person. 1915A, 715. OVEREXERTION. Recovery for injury by, under Workmen's Compensation Act. 1916 A, 295, 299, 321; 1916D, 966, 1000, 1277. Assumption by servant of risk of injury from. 1916D, 445. OVERHANG. Injury to person by reason of overhang of street car in swinging around a curve 1915C, 604, 609. OVERVALUATION. Of insured property in proofs of loss. 1915C, 1179. OWNERSHIP. Of property insured, see INSURANCE. Jurisdiction of railroad commission to de- termine question of. 1915D, 1205. OYSTERS. See FISHERIES. PACKING. Effect of improper packing of shipment on carrier's liability for its loss. 1915D, 1077. PACKING FOR BOATS. Claim for, as within protection of contrac- tor's bond. 1917A, 336. PAID UP INSURANCE. See INSURANCE. PAINT. Claim for, as within protection of contrac- tor's bond. 1917 A, 336. PANTOMIME. Evidence by means of. 1915E, 848. PARADE. Forbidding carrying of red flag in parade. 1915B, 706. PARCELS PARKS AND SQUARES. 321 PARCELS. Sale of mortgaged property in. 1917B, 513. PARDON. Tn general, see CRIMINAL LAW. PARENT AND CHILD. In general. Legitimation. Adoption. In general. Inheritance rights of, see DESCENT AND DISTRIBUTION. "Support of children after divorce, see DI- VORCE AND SEPARATION. Rights of child in homestead of parent, see HOMESTEAD. Matters as to infants generally, see IN- FANTS. Custody of child, see INFANTS. Support of infant, see INFANTS. As to mothers' pensions, see MOTHERS' PEN- SIONS. Disinheritance of children, see WILLS. Annotations. Attach on divorce decree ~by children of divorced parents. 1917B, 498. Attack on divorce decree 1>y parent of divorced child. 1917B, 499. ^Liability where automobile is being used by a child of the owner. 191 7F, 365. Kidnapping of child by parent. 1915B, 189. Homicide to prevent father from wrongfully carrying off child. 1915A, 73. Effec. of bequest in will to cancel debt by mother to her child as guardian. 1915B, 1156. <5ift of bank deposit by parent to child. 1915B, 396. Action by -husband against wife's parents for alienation of her affections. 19x50, 870. Requirement of notice by or to parent of infant employee if Workmen's Compen- sation Act is not to apply. 1917D, 71. Condition in will that marriage of legatee shall be with consent of her parents. 192 7D, 464. Exhibition of child to jury for purpose of proving paternity. 1917B, 1143. Right of action for death of child. 191 5F, 736; 1916C, 964; 1916E, 185, 704; 1917D, 287; 1917F, 851. Recovery by father for death of minor son under Workmen's Compensation Act. 1916E, 110. Necessity of joining mother in action by father for loss of child's services. 1915D. 1111. L.R.A. Tri. Index 1915-17. 21. Imputing negligence of parent to child. 1915F, 11. Contributory negligence of father as defense to action by mother for death of minor child. 1915E, 781. Who may maintain action for mutilation of corpse of child. 1915B, 519. Sufficiency of notice by parent to city of claim for injury to child. 1915D, 1111. Right of action for death of parent. 1916C, 800; 1916E, 172; 1917D, 1084. Right of minor child to recover for death of father under Workmen's Compensa- tion Act. 1916A, 306. Evidence on question of damages for negli- gent killing of parent. 1915E, 1205. Father's right of action for seduction of daughter. 1917D, 273. Mother's right of action for betrayal of minor daughter who is still alive. 1917E, 756. Emancipation, effect of. 1917B, 690. Sufficiency of proof of emancipation of child. 1916B, 1111. Liability of parent for injury by automobile operated by child. 1915A, 1130; 1915F, 216, 228; 1916D, 618; 1917E, 357; 1917F, 363, 380. Liability of mother riding in son's auto- mobile as his guest for negligence. 1915F, 876. Legitimation. Right of illegitimate child to inherit, see DESCENT AND DISTRIBUTION. Sufficiency of father's recognition of illegiti- mate son. 191 6E, 654. Adoption. Inheritance by or through adopted child, see DESCENT AND DISTRIBUTION. Conflict of laws as to. 1916A, G60; 1917F, 692. Nature of proceeding to establish status as adopted child. 1917F, 692. Specific performance of contract to adopt children. 1917F, 692. Agreement by adopting parents as to prop- erty rights of adopted child. 1&16D, 421. Specific performance of contract to devise property to adopted child. 1916D, 421. Adopting parents as beneficiaries of stat- utory right of action for death of child. 1916E, 704. PARKING. Of automobiles in street. 1917F, 345. PARKS AND SQUARES. As to playgrounds, see PLAYGROUNDS. Dedication of land for. 1916B, 1160. Injunction against park and tree commis- sion. 1915E, 168. 322 PARKS AND SQUARES PARTIES. Power of municipality to grant to individ- uals exclusive rights in parks. 1916D, 491. Indorsement of partial payments on notes as notice to purchaser of infirmities. 1916F, 209. PARLOR CARS. See SLEEPING AND PAELOB CABS. Liability of city for injury resulting from Application of. 1916D, 1247. dangerous condition of park. 1915D, 1111. Duty of state's attorney to enforce collec- tion of fines for violation of park ordi- nances. 1917B, 176. PARTIES. In general. Persons who may or must sue. in general. on contract. on matters of public right. in representative capacity. Joinder of parties plaintiff. Proper and necessary parties defend- ant. in general. state; United States. in actions on contract general- ly. decedents' estates. receiver; corporation; partner; carrier. PAROL CONTRACTS. -husband and wife. cases as to real estate. In general, see CONTBACTS. i 0i < nd ! r f , pa f*i es defendant. Specific performance of, see SPECIFIC PEB- ] rin in S **? intervention. FOBMANCE. PAROCHIAL SCHOOLS. Examination as condition of entrance of graduates of, to public high school. 1917C, 993. PAROLE. See CBIMINAL LAW. PAROL EVIDENCE. As to writings, see EVIDENCE. PARTIAL INTESTACY. See WILLS. PARTIAL INVALIDITY. Of statute, see STATUTES. Of ordinance. 1915D, 595; 1916A, 1228. PARTIAL PAYMENTS. As affecting limitation of actions, see LIM- ITATION OF ACTIONS. Annotation. Payment of part of a liquidated and undisputed. debt as a consideration for the discharge of the whole. 1917A, 719. In general. On appeal, see APPEAL AND ERBOB. To offense, see CRIMINAL LAW. Who are affected by judgment, see JUDG- MENT. To mandamus proceeding, see MANDAMUS. On foreclosure, see MORTGAGE. Annotations. Misnomer of, as ground for attacking divorce decree. 1917B, 439. Privilege of suitor from service of sum- mons while in jurisdiction on Icyal business. 1917B, S93. Description of party in writ or notice by publication. 1915B, 1149; 1917B, 395. Exemption of, from service of process, 1915A, 694; 1916A, 734; 1916E, 1170; 1917C, 905. Dismissal of. 1915A, 491. Discontinuance for absence of party. 10 ^I!, 686. Who may question validity of statute. 1915D, 886; 1915F, 894; 1916F, 831; 1917B, 1, 191; 1917D, 15, 996; 1917E, 1163. Who may question validity of orc'inaii. e. 1915D, 607; 1916A, 1228. Persons who may or must sue. in general. Who may sue for removal of cloud on title, see CLOUD ox TITLE. Action by stockholders of corporation, see CORPORATION. Action for death, see DEATH. PARTIES. 323 Action on behalf of estate of decedent gen- erally, see EXECTJTOBS AND ADMINISTRA- TORS. Husband or wife, see HUSBAND AND WIFE. Suits by incompetent persons, see INCOM- PETENT PERSONS. In action for libel, see LIBEL AND SLANDER. Who may have remedy against nuisance, see NUISANCES. Annotation. Right of conditional vendee of personal property to maintain action for damage to or conversion of prop- erty. 1917D, 217. Amendment of pleading as to. 191 6B, 910. Right of beneficiary to personal judgment for amount provided by benefit certifi- cate for erection of monument. 1915F, 166. Limiting to citizens of county persons who may institute proceedings for suppres- sion of bawdyhouse. 1917B, 1075. Relator in mandamus proceeding. 1917F, 215. Father's risjht of action for seduction of daughter. 1917D, 273. Right of mother to maintain action for wrongful mutilation of corpse of child. 1915B, 519. Who may maintain suit for partition. 1917D, 228. Person in possession of property. 1916F, 1289; 1917D, 214. Conditional vendee. 1917D, 214. Effect of warranty deed of land to transfer right of action for injury thereto. 1916E, 990. on contract. Agents or trustees. 1016D, 1006; 1917D, 493. Application of provisions of Carmack Amendment as to suits by holders of bills of lading, to suit under state stat- ute for failure to deliver all grain re- ceived for shipment. 1917E, 1011. Breach of carrier's contract as to corpse. 1916A, 565. Action on contractor's bond. 1915A, 768. Right of addressee of telegram to maintain action for delivery of forged message. 1915A, 120. Right of one holding note against partner- ship to maintain action on promise of third person purchasing interest of one partner to pay his partnership liabil- ities. 1915A, 779. Who may maintain action for injury to property deposited in warehouse. 1915D, 795. Right of purchaser from shareholder in ir- rigation company to maintain action against the company for failure to maintain irrigation ditch. 1915D, 292. Who may maintain action on implied war- ranty that goods sold are fit for use. 1916D, 1006. Right of holder of check to maintain action against bank for amount thereof. 1915C, 531; 1916C, 161; 1916D, 433. Action on public contract. 1915D, 917. oii matters of public right. By taxpayer. 1915C, 624; 1915D, 173, 485; 1916A, 908; 1916C, 395; 1917A, 495. Private action for violation of ordinance. 1915D, 1021. Private action for violation of statute. 1917C, 1146. Private action for obstruction of highway. 1915D, 142; 1915E, 336; 1917A, 1150. Private action for encroachment of building on street. 1916C, 1260. Who may maintain action on public con- tract. 1915D, 917. Relator in mandamus proceeding concerning election. 191 7F, 215. Action to enjoin operation of unlicensed jitney busses. 1916B, 1143. Who may challenge assumption of privilege not granted by state authority. 1916B, 1083. Right of individual to raise question of vio- lation of provision against consolida- tion of railroads. 1915B, 547. Right of telephone company to challenge powers of rival. 1916B, 1083. in representative capacity. Right of state to maintain action to re- cover excess charges exacted of in- dividuals by carrier. 1916C, 309. Action by taxpayer as representative of class of taxpayers to which *he belongs. 1915C, 624. Trustees. 1915E, 451; 1916A, 787. Joinder of parties plaintiff. Joinder of causes of action, see ACTION OR SUIT. Husband and wife, see HUSBAND AND WIFE. Wrongful joinder of parties as ground for relief from judgment. 191 6B, 883. In action by son for wrongful burial of his father's body at sea. 1917E, 852. Necessity that all the lessors in an oil and gas lease join in action of trespass on the case for injury due to lessee's fail- ure to drill wells. 1917E, 975. Necessity of joining mother in action by father for loss of child's services. 1915D, 1111. Injunction suits. 1915D, 684. Proper and necessary parties defend- ant. in general. On appeal, see APPEAL AND ERROR. In mandamus proceeding, see MANDAMUS. In eminent domain proceeding. 1916F, 592. In action to enforce lien for compensation to abutting owners for location of rail- road in street against property in hands of successor. 1915D, 397. Labor union as proper party defendant to action to enjoin illegal acts by its mem- bers. 1917F, 824. 324 PARTIES PARTNERSHIP. Judgment creditor as necessary party de- fendant in suit to enjoin sale of prop- erty of third person under execution. 1915F, 1120. state; United States. United States as necessary party in contest between entrymen on public land. 1916A, 1116. Liability of state to suit. 1915E, 858, 1187; 1915F, 623. State as necessary party to proceeding to revoke license of physician. 1916D, 426. in actions on contract generally. Undisclosed principal. 1917E, 988. decedents' estates. As to actions against personal representa- tives generally, see EXECUTORS AND AD- MINISTRATORS. receiver; corporation; partner; car- rier. Necessity of joining general creditors of an insolvent bank in action against re- ceiver to establish preference. 1917D, 1002. Corporation issuing tock as necessary party in suit by stockholder in another corpo- ration, which owns such stock, to com- pel the latter to place the title to the stock in its own name. 1915D, 1128. husband, and wife. Husband as proper party defendant in ac- tion against wife for assault. 1915A, 491. cases as to real estate. Necessary parties defendant in execution. 1916D, 113. One having lien on property which -is dis- charged by a stranger as necessary par- ty to action by latter to secure sub- rogation to his rights. 1917A, 731. Joinder of parties defendant. Joinder of causes of action, see ACTION OR SUIT. Mode of raising objection of misjoinder of codefendants. 1917D, 440, 1002. Right of defendant to complain because un- necessary persons are made parties de- fendant. 1915E, 1069. Joinder of parties defendant in action by trustee in bankruptcy of corporation to recover dividends paid shareholders out of capital. 1917C, 393. In proceeding under Civil Damage Act. 1916D, 940. Bringing in; intervention. Annotations. Right of creditor of individual partner or of his estate to appear in pro- ceedings for the settlement of af- fairs of partnership. 191TiB, 1O47. Right of one creditor to intervene in another creditor's action after the period for beginning such action has expired. 1917D, SS5. Right of creditors to intervene. 1917B, 1043. Right of one creditor to intervene in a pending action by another creditor, aft- er the period for bringing such action has expired. 1917D, 882. Intervention of administratrix having claim against insolvent bank in proceedings to wind it up. 1915A, 299. On mortgage foreclosure. 1916C, 633. PARTITION. In general. Right to; who may have, and in what. Procedure. in general; parties. question of title. Deeds. In general. Lien on share awarded cotenant in partition for amount which he should contribute toward expenses paid by the other co- tenant. 1915B, 961. Right to; who may have, and in what. Refusal of partition where right thereto is based on illegal contract. 191 7F, 4(54. Who may have. 1916D, 1147; 1917D, 228. What subject to. -1916D, 1147. Procedure. in general; parties. Demurrer to bill for. 1916C, 693; 1917D, 337. Multifariousness of. bill. 1917D, 357, question of title. Jurisdiction of court of equity to entertain a petition for partition setting up an , adverse title to the property. 1916B, 799. Collateral attack on judgment in partition. 1915B, 1149. Deeds. Effect of defective acknowledgment of deed. 1917F, 566. PARTNERSHIP. In genera}. Nature; creation; what constitutes. Rights and powers of partners. Liability of partners; rights of cred- itors. Partnership real estate. Rights of members as to each other. Dissolution; effect of. PARTNERSHIP. 325 In general. Annotation. Partnership liability of stockholders of a foreign corporation in a state in which it is doing business. 1917B, 574. . Taxation of incomes of partnerships. 1915B, 569. Liability of married woman as partner. 1916D, 1230. Partnership liability of stockholders of foreign corporation. 1916C, 189; 1917B, 572. Statute requiring filing of certificate set- ting forth names of members of firm, , unless business is transacted under partnership name which includes the true real name of at least one of the members. 1917B, 697. Statute as to doing of business by, under assumed name. 1915D, 981; 1916D, 352. Sale on execution of undivided interest of partner. 1916F, 1279. Indorsement by one member of firm check in payment of his own debt. 1916B, 908. Bankruptcy of partnership or of member thereof. 1915E, 706; 1915F, 668; 1917A, 135. Nature; creation; what constitutes. Creation; what constitutes. 1917A, 1100. Right of court to order issue of partnership vel non to be tried first in action by partnership on contract. 1916A, 1211. Rights and powers of partners. Kight of managing partner of mining part- nership to extend operations of the firm to land in proximity to that previously mined. 1917F, 571. Right of managing partner to borrow money necessary for conduct of the business. 1917F, 571. Liability of partners; rights of cred- itors. Annotation. Right of creditor of individual partner or of Jiis estate to appear in pro- ceedings for the settlement of affairs of partnership. 1917B, 104:7. Right of one holding note against partner- ship to maintain action on promise of third person purchasing interest of one partner to pay his partnership liabili- ties. 1915A, 779. Right to set off against partnership debt claim arising under contract with in- dividual member. 1916A, 1211. Right of creditor of individual partner to resist allowance of claims in settlement of partnership estate and appeal froui decision thereon. 19I7B, 1043. Bankruptcy. 191 5E, 706; 1915F, 668; 1917A, 135. As between individual and firm creditors. 1917A, 135. Rights of creditors who contribute to assets of partnership estate subsequent to death of one of the partners. 1917C, 366. Partnership real estate. Oral partnership to deal in real estate. 1915A, 521. Rights of members as to eaeh other. Annotation*. Right of partner to compensation for services rendered to the partner- ship. 1917F, 575. Accounting and contribution between members of partnership which is illegal or which has been engaged in illegal business. 1917 A, 4=4=6. Right of partner to compensation for his services. 1917F, 571. Time for presentation of claim against es- tate of deceased member. 1917A, 443. Contribution between partners. 1917A, 443. Competency of one member to testify to set- tlement of affairs with member since deceased. 1917A, 443. Effect of judgment requiring attorneys to return fees paid them for services, on rights of attorneys as between them- selves. 1917A, 443. Right of member to use partnership prop- erty in payment of his individual debts. 1916B, 908. TV olutioii; effect of. Annotations. Right of creditor of individual partner or of his estate to appear in pro- ceedings for the settlement of affairs of partnership. 1917B, 1O47. Right of surviving partner to purchase additional goods in closing up busi- ness. 1917C, 17O. Division of partnership assets ii'here one partner contributes services only. 1917E,877. Effect of dissolution of firm of real -estate brokers to terminate authority. 1915C, 576. Continuance of community of interest in partnership after its d'ssolution by death of one of the partners. 1917C, 166. Right of surviving partner to continue busi- ness. 1917C, 166. Return to partner contributing entire cap- ital or portion of capital that remains at time of dissolution. 1917E, 875. Right of creditor of individual partner to resist allowance of claims in settlement of partnership estate ;>nd appeal from decision thereon. 1917B, 1043. 326 PARTNERSHIP PATENTS. Conclusiveness of judgment as to all matters litigated in action for partnership ac- counting. 1917F, 1006. Liability of retiring partner. 1915B, 418; 1915F, 711. PART PAYMENT. As affecting limitation of action, see LIM- ITATION OF ACTIONS. Application of, see PAYMENT. PART PERFORMANCE. Under Statute of Frauds, see CONTRACTS. PARTT AFFILIATIONS. Requiring voters in primary election to de- clare. 1917B, 723. PARTY Annotation. Utilization of party wall by lessee as affecting lessor's duty to contribute to cost thereof. 1917B, 96O. Duty of landlord upon purchasing building erected by tenant with right of removal, to contribute to cost of additions to party wall by adjoining owner. 1917B, 945. Duty of landlord while the lease continues, to contribute to cost of party wall erect- ed by adjoining owner and utilized by his own tenant. 1917B, 949. Damage by fall of. 1915E, 926. PASS. In general, see CARRIERS. PASSENGER CARRIERS. See CARRIERS. PASSION. Reducing homicide to manslaughter. 1915A, 533. PASTERS. On election ballot. 1917A, 211. PASTEURIZATION. Right to require milk to be pasteurized. 1917C, 249. PASTORS. See RELIGIOUS SOCIETIES. PAST SERVICES. As consideration for transfer of note. 1917C, 582. PASTURE. Measure of damages for destruction of. 1917C, 983. Drought as excuse for nonperformance of contract to furnish pasture. 1917A, 648. Frightening cattle by negligently setting fire to pasture. 1917C, 983. PATENTS. In general. Sale; license. Infringement. In general. Annotation. Validity of contract for material pat- ented ii'here letting to the loirest bidder is required. 19 17 A, 442. Jurisdiction of state court to compel public officer to leave behind at expiration of term device which he had installed and patented. 1917B, 1179. Prohibiting corporation holding patents to continue business within state. 1915A, 892. Sale; license. Right to restrict use by purchaser or li- censee of patented invention by notice attached to machine embodying the patent 1917E, 1187, 1196. Infringement. Right of action for injury to business by threats of suit for infringement and false representations. 1915B, 1179. Malicious prosecution of infringement suit. 1915B, 1179; 1916E, 1277. Injunction to restrain suit by patentee against persons who have purchased in- fringing machine. 1915F, 1101. PATERNITY PAYMENT. 327 PATERNITY. Annotation. Exhibition of cJtild for purpose of de- termining. ID 11 B, H4S. Exhibition of child to jury for purpose of proving. 1917B, 1143. PATIENT. Injury to, in hospital. 1915D, 334, 1167. PATRON. Injury to customer at store by swinging door. 1915F, 572. Master's liability for abuse of patron by employee. 1915F, 516. PAUPERS. See POOB AND POOB LAWS. PAUPER'S OATH. Right to release pending appeal on taking pauper's oath. 1916F, 103. PAVEMENT. In general, see PUBLIC IMPBOVEMENTS. PAWNBROKERS. Validity of contract by pawnbroker who fails to comply with municipal regula- tions. 1915B, 851. PAYMASTER. Annotation. Effect of insertion Of unauthorised pro- visions in bond of. 1917B, 991. PAYMENT. In general. Medium of; validity. Time. Application. In general. Recovery back of payments made, see As- SUMPSIT. Of depositor's check, see BANKS. Presentation of negotiable paper for, see BILLS AND NOTES. Of stock subscriptions, see COBPOBATIONS. In condemnation proceedings, .see EMINENT DOMAIN. Presumption and burden of proof as to, see EVIDENCE. Evidence as to generally, see EVIDENCE. Guaranty of, see GUARANTY. As affecting limitation of actions, see LIM- ITATION OF ACTIONS. Novation, see NOVATION. Subrogation for, see SUBBOGATIOTT. Of taxes, see TAXES. Of legacy, see WILLS. Annotation, Provision of contract for payment with- out deduction for taxes as applica- ble to income tax. 1917F, 2O5. Evidence on question of. 1915C, 976. Stopping payment of check. 1915D, 402; 1916E, 537; 1916F, 826. Indorsement of partial payments on notes as notice to purchaser of infirmities. 1916F, 209. Right of one dedicating land for highway to retain possession after title has vested in county in order to enforce payment of contract price for labor done by him to fit land for travel. 191 7 A, 1150. Maker of note who furnishes money to pur- chase it through an agent or reimburses a third person who purchases it with his own funds as a holder "in his own right." 1917A, 725. Medium of; validity. Annotation. Garnishment of debt after delivery of check in payment. 1917F, 396. By check. 1916A, 493, 669; 1917B, 1184. Garnishment after delivery of postdated check for amount of the debt. 1917F, 394. By draft. 1916A, 669. To whom. 1915D, 271; 1915E, 395; 1916B, 856. Time. Annotation. Time of payment of obligation purport- ing to be payable on specified event, the happening of \chich is \vholly or partially within the control of the promisor. 1917B, 1O50. Requiring milk dealers to pay for their pur- chases of milk twice a month. 1917A, 480. Application. Application of deposit by bank, see BANKS. 328 PAYMENT PENALTIES Annotation. Right of surety upon contractor's bond to Uave payments made by con- tractor applied to the contract. 1917C, 637. Partial payments made by contractor to materialmen. 1916D, 1247. Right of surety on contractor's bond as to application of payments by contractor. 1917C, 630. Right of one who fraudulently induces an- other to lend money to a third, who largely increases the loan, as to appli- cation of payments made thereon. 1916E, 362. PAT ROLLS. Capitalization of, as basis for estimating damages for construction of railroad through manufacturing plant. 1916A, 1079. PECUNIARY CONDITION. Evidence of, see EVIDENCE. PEDDLERS. Definition of peddler. 1916B, 1291. License of, generally. 1916B, 1291. PEDIGREE. Evidence of. 1915D, 215. 4 PENAL STATUTE. Ambiguity in. 191 7A, 1198. Strict construction of. 1915A, 564; 1917B, 962. PENALTIES. Distinguished from liquidated damages, see DAMAGES. As to fines, see FINES. For selling without license, see LICENSE. Annotations. Cumulative penalties for failure of carrier to provide separate accom- modations for u'hite and colored persons. 1917B, 54=8. Constitutionality of statute imposing ' penalty or added liability for fail- ure of railroad or carrier to pay claim. 1917B, 926. Liability to penalty for improperly issu- ing marriage license or performing marriage ceremony. 191" E, 86S. May stockholders maintain action in the right of the corporation to recover penalty imposed by the Sherman Act. 1917E, 1O06. Construction of statute as to. 1915A, 564; 1917B, 962. Repeal of statute providing for disposition, of. 1917B, 176. Prospective operation of statute repealing penalties. 1917E, 668. Right of prosecuting attorney to commission on penalties collected by him. 1917B,. 176. T>uty .of state's attorney to prosecute action to recover. 1917B, 176. Who entitled to interest accumulated upon. 1917B, 176. Discretion as to penalty to be imposed upon- foreign corporation for violating con- ditions of right to do business in state. 1915A, 892. Imposing penalty on removal of action by foreign corporation to Federal court. 1916F, 122. Imposing penalty upon any public officer who undertakes to hold any other of- fice. 1917A, 228. Imposition upon telephone company of pen- alty because of enforcement in good faith of regulations not prohibited by statute. 1916A, 1208. For nonpayment of public improvement as- sessment. 1915E, 662. For sale of intoxicating liquors at retail by wholesaler. 1915B, 389. For delay in payment of gas rates. 1915F,. 1180. For issuing marriage license without rea- sonable inquiry. 1917E, 863. For failure to file with Interstate Commerce Commission report with regard to ex- cessive services. 1917A, 1198. For violation of hours of service act. 1915D, 408. For failure to equip train with separate ac- commodations for white and colored, passengers. 1917B, 544. For carrier's failure to settle claim prompt- ly. 1917B, 924. Including statutory penalty for failure to- settle claim promptly in determining amount in controversy in action against carrier for injury to property. 1917B,. 924. Excessiveness of penalty for violation of statute imposing license fee on use of coupons, profit sharing certificates, etc. 1917A, 421. Sufficiency of proof in action for penalty . for transacting business without license. 1915D, 260. Amount of judgment on bond for penalty. 1915E, 385. Requiring persons seeking to have deed de- clared a mortgage to forego advantage of statutory . penalties for exaction of usury. 19l5B, 492. PENALTIES PERPETUITIES. 329 Right of insured who, after bringing action, reduces the amount claimed, to stat- utory penalty for nonpayment. 1916B, 1252. Recovery under allegation of damages in suit to enjoin destruction of trees, of statutory penalty for such destruction. 1917F, 385. Stipulation in note for payment of in- creased interest in case of default as a penalty. 1916E, 721. PENDENCY. Of action to abate suit, see ABATEMENT AND REVIVAL. PENSIONS. Mothers' pensions, see MOTHERS' PENSIONS. Police pensions, see POLICE. Effect of contributing to teachers' pension fund on right of teacher to continued employment. 1917E, 1069. PER CAPITA OR PER STIRPES. Distribution by, in absence of will. 1916A, 6CD. PERCOLATING WATER. See WATERS. 4 - PEREMPTORY INSTRUCTIONS. See TRIAL. PERFORMANCE. Part performance to satisfy Statute of Frauds, see CONTRACTS. Of condition subsequent, see COVENANTS AND CONDITIONS. Specific performance, see SPECIFIC PERFORM- ANCE. PERIL. Negligence in attempting to escape from. 1917D, 962. PERISHABLE PROPERTY. Carrier of, as an insurer. 1917C, 507. Steps taken by principal to save perishable property purchased by agent at an un- authorized price, as ratification of agent's act. 1917E, 788. PERJURY. Annotations. Conviction of perjury upon proof that accused made contradictory state- ments. 1917C, 58. Acquittal of crime as bar to a subse- quent prosecution of defendant for perjury committed on the former trial. 1917B, 743. As ground for relief against judgment. 1915F, 820; 1916B, 883. Right to open divorce decree to ascertain if it was procured by perjured testi- mony without retrying the whole case. 1917F, 974. Charge of perjury made by attorney against counsel opposing him in case pending in court. 1916E, 779. Competency of wife as witness against hus- band in prosecution for perjury. 1917E, 1129. Acquittal of one charged with crime as bar to prosecution for perjury for testi- mony given by him at trial. 1917B, 738. Sufficiency of proof of. 1917C, 52, 954. Evidence that contradictory statements were induced by threats and duress. 1917C, 52. Instructions in prosecution for. 1917C, 52. Conviction secured by perjury of complain- ing witness as evidence of probable cause in action against him for mali- cious prosecution. 1917D, 408. PERMIT. For building. 1915D, 595. To run motor car over railroad tracks. 1915E, 1170. PERPETUITIES. In general. Effect of adverse possession by trustee to bar recovery on ground that trust vio- lates rule against perpetuities. 1917C, 937. Validity of active trust to continue beyond the period limited by the rule against perpetuities. 1917C, 937. Suspension of the absolute power of alienation. Annotation. Options to purchase, and the rule against perpetuities or against un- due suspension of the power of alienation. 1917D, 9O4. 330 PERPETUITIES; PERSONAL INJURIES. Validity of fifty-year option for a thirty- year mining lease. 1917D, 900. Effect of devise which vests in devisee an unconditional estate subject to payment of certain legacies within certain time to suspend power of alienation. 1917A, 611. PERSONAL INJURIES. Splitting of cause of action for, see ACTION OB SUIT. By automobile, see AUTOMOBILES. On bridge, see BBIDGES. To passenger, see CABBIEBS. Liability of charitable institution for, see CHABITIES. Conflict of laws as to liability for, see CON- FLICT OF LAWS. Measure of damages for, see DAMAGES. Right of action for death, see DEATH. On elevators, see ELEVATOBS. Relevancy of evidence as to negligence gen- erally, see EVIDENCE. Opinion evidence as to cause or effect of, see EVIDENCE. Evidence of other accidents or defects in action for, see EVIDENCE. Resulting from fright, see FBIGHT. In highways, see HIGHWAYS; NEGLIGENCE. To infant, see INFANTS. To guest at hotel, see INNKEEPERS. Insurance against, see INSUBANCE. To passenger in jitney bus, see JITNEY BUSSES. On leased premises, see LANDLOBD AND TEN- ANT. Limitation of time for action for, see LIMI- TATION OF ACTIONS. To employee, generally, see MASTER AND SERVANT. New trial in action for, see NEW TRIAL. Resulting from malpractice of physician, see PHYSICIANS AND SURGEONS. Pleading in action for, see PLEADING. Proximate cause of, see PROXIMATE CAUSE. On railroad track, see RAILROADS. Release from liability for, see RELEASE. On street car tracks, see STREET RAILWAYS Instruction in action for, see TRIAL. What constitutes, within meaning of Work- men's Compensation Act, see WORK- MEN'S COMPENSATION. In general, see NEGLIGENCE. Annotations. Liability of benevolent or fraternal so- ciety for injury to person during initiation or expulsion. 1917C, 476. Liability for injury to person other tli a>i passenger or employee by de- railment of street car. 1917D, 815. Power of court to require owner of premises or property to permit in- spection in negligence cases. 1917E, 838. May substantive laic of state be ini-oh-cd in an action for personal in juries, not resulting in death, on waters within the maritime jurisdiction. 1917F, 678. Conflict of laws as to. 1915F, 955. New theory as to liability for, on appeal. 1915A, 363. Allegation of damages by. 191 5D, 834; 1915F, 992. Presumption and burden of proof as to cause of. 1915D, 524; 1917D, 15. Presumption as to conscious suffering of one injured. 1918C, 817. Sufficiency of evidence to go to jury in per- sonal injury case. 1915E, 267; 101 5F, 11, 866; 1916D, 836; 1917B, 1245; 1917E, 250. Sufficiency of proof of cause. 1916E, 1201. Evidence of declarations as to, generally. 1915D, 334, 503; 1915E, 812; 1916D, 311; 1917F, 896. Evidence of exclamations and indications of pain by person injured. 1915F, 902. Hypothetical question to expert as to ex- tent of. 1915F, 992. Opinion evidence as to effect of. 1917E, 215. Admissibility under pleading of evidence in action for. 1916A, 943; 1916C, 1208; 1916D, 644. Variance between pleading and proof in action for. 1915A, 781; 1915F, 558, 866, 992, 1000. Prejudicial error in admission of evidence in action for. 1915A, 153; 1915D, 305; 1916D, 311, 1035. Instructions in action for. 1915B, 426; 1915D, 834; 1915E, 721; 1915F, 803. Insufficiency of verdict in action for. 1915E, 991. Punitive damages for. 1917F, 717. Splitting of cause of action for. 1916B, 742; 1916D, 1164. Survivability of cause of action for. 1915E, 1102, 1141. Setting aside release for cause of action for. 1917E, 399. Physical examination of plaintiff. 1917E, 405. To unborn children. 1917B, 334. To married woman, husband's riht of ac- tion for. 1915D, 524; 1917^410. Right of wife to recover for personal injury to husband. 1916E, 700. Defense that person injured was violating Sunday law at time 'if injurv. 1917A, 128. Received in fighting prairie fire negligently set. 1915E, 991. As result of use of street for show or fair. 1915F, 568. By explosion of gas. 191 5D, 830; 1916A, 1224; 1916D, 1138. Right to show who employed physician who attended injured person. 1915A, ]53. Fraud in preventing person injured by an- other's negligence from bringing an ac- tion therefor. 1017F, 717. Danger of, as element of damages in con- demnation proceedings. 1916A, 1079. PERSONAL INJURIES PHYSICAL EXAMINATION. PER STIRPES. 331 Right of one having a judgment against a contractor for personal injuries to take advantage of his failure to file -assign- ment of funds due under his contract. 1917F, 1123. PERSONAL JUDGMENT. On service by publication. 1915B, 881; 1917C, 1140; 1917F, 458. In favor of one defendant in a foreclosure suit, against a codefendant who did not appear. 1917D, 1029. Right of materialman having lien on prop- erty to deficiency judgment against owner. 1915F, 1132. PERSONAL LIABILITY. Of purchaser of mortgaged property for payment of mortgaged debt. 1917C, 590. PERSONAL PROPERTY. Mortgage on, see CHATTEL MORTGAGE. Damages for injury to, or taking or deten- tion of, see DAMAGES. Sale of, see SALE. Annotations. What is "personal property" within registration fairs. 1917C, 629. Right to assess for the construction and maintenance of levees. 1917F, 1OO3. What is, within statute providing for re- cording of mortgages on. 1917C, 628. Assessment of, for cost of constructing levee. 1917F, 999. Cost of removal of, as element of damages in condemnation proceedings. 1 1916D, 713. PERSONAL RIGHTS. Injunction to protect, see INJUNCTION. PERSONAL SERVICES. In general, see MASTER AND SERVANT; PRIH- of. CIPAL AND AGENT. Injunction to compel performance 1915A, 820; 1916E, 682. PERSONALTY. See PERSONAL PROPERTY. Distribution per atirpes. 1916A, 718; 1917D, 596. PESTHOUSE. Liability of municipality for injury result- ing from defective condition of. 1916D, 626. PETITION. Of plaintiff, see PLEADING. For recall of officers. 1915B, 232; 1916D, 1097. Liability for conspiracy of persons petition- ing for revocation of license. 391. 1916D, PETROLEUM. In mines, generally, see MINES. See also OIL. Annotation. Keeping of, on 1917C, 278. insured premises. PHARMACISTS. See DBUGS AND DRUGGISTS. PHOSPHORUS. Annotation. Keeping of, on 1917C, 278. insured premises. Use of, as part of moving picture film. 1915C, 839. Admissibility in evidence. 1916E, 763; 1917F, 890, 1043. Weight of photographs as evidence. 1916E, 1222. Injunction against circulation of photo- graphs of pardoned convict. 1916A, 739. Mandamus to compel destruction of photo- graphs of pardoned convict. 1916A, 739. PHYSICAL EXAMINATION. See DISCOVERY AND INSPECTION. 332 PHYSICIAN'S AND SURGEONS. PHYSICIANS AND SURGEONS. In general. Right to practise. Rights, duties, and liabilities. in general. negligence ; malpractice. In general. As to dentists, see DENTISTS. Annotation. Medical services as necessaries within statute rendering wife or her prop- erty liable therefor. 1917F, 863. Injury to practice of, by enforcement of rules of benevolent society. 191 6B, 835. Libel by member of medical association in giving name of slow-pay patients to list prepared by association. 19166, 915. Servant's authority to employ. 1915C, 808. Allowance for medical services under Work- men's Compensation Act. 1916F, 957. Liability for failure to employ physician for injured employee. 1915C, 789. Extent of recovery against employer of sur- geon called to Attend employee. 1916E, 110. Liability for services of physician to infant. 1916B, 1111. Measure of damages for failure to furnish telephone service to summon physician. 1916D, 186. 'Effect of wrong treatment by, on measure of damages for personal injuries. 191 5D, 883. Liability of carrier for negligence of phy- sician employed to treat injured passen- ger. 1915D, 883. Privileged communications to. 1915C, 834; 1915F, 888; 1916A, 475, 519. Evidence of opinions of. 1915 A, 1078; 191 5F, 992. Admissibility in evidence of account books of. 1915F, 803. Injunction against breach of contract by physician not to engage in competition with another. 191 5B, 206. Refusal to transport physician on detoured train. 1915B, 761. Right to practise. Annotation. Application of statutes regulating the practice of medicine to persons f/iring special kinds of treatment. 19 17C, S32. Ambiguity of statute denning unprofession- al conduct. 1916D, 436. Partial invalidity of statute as to license. 1917D, 996. Who may question constitutionality of stat- ute as to license. 1917D, 996. Delegation of power as to license. 1917D, 996. Rights conferred by license to practise oste- opathy. 1917D, 996. Christian Science healing as practice of medicine. 1917C, 816. I Revocation of license. 1915A, 691 ; 1916D, 436. Rights, duties, and liabilities. in general. Annotation. Amount of compensation for profes- sional services. 1917 A, 1267. Obtaining professional services of physi- cians by false pretenses. 1917E, 1046. Compensation; amount of. 1917 A, 1264. Liability of parent for services of, to child. 1916B, 1111; 1917B, 690. Liability of relatives for emergency service* to pauper. 1915E, 844. Liability of physician for disclosing confi- dential communications. 1917C, 1128. Breach of contract to attend patient. 1916B, 622. . Liability of physician who incites fictitious- suit. 1915B, 689. Liability of physician for negligence of nurse in hospital. 1915D", 334. negligence; malpractice. When statute commences to run against action for maljtractice. 1917C, 1152. Effect of Workmen's Compensation Act on employee's right to recover for malpractice of attending physician. 1917D, 172. Criminal liability of physician for negli- gence. 1915D, 201. Degree of care and skill required. 1916D, 644. Trying remedy known and approved by the profession though not generally used. 1915C, 595. Admissibility of evidence under pleading in action for malpractice. 191GD, 644. Prejudicial error in admission of evidence. 1916D, 644. Sufficiency of evidence to show malpractice. 1915C, 595; 1916D, 644. Measure of damages in action for malprac- tice. 191 5D, 644. When limitations begin to run against ac- tion for malpractice. 1917C, 1169. Acceptance by injured employee of compen- sation from employer for physician's services as bar to action for malprac- tice against physician. 1917A, 302. Right of injured employee to recover against physician employed bv master. 1910D, 644. Right of employee accepting provisions of Workmen's Compensation Act to main- tai:: action for malpractice. 191GF, 319. PHYSICIANS AND SURGEONS PLEADING. 333 Augmenting recovery under Workmen's Compensation Act where injury was prolonged by negligent surgical treat- ment. 1916E, 1201. Employer's liability insurance as covering claim for malpractice of physician fur- nished by employer to treat injured em- ployee. 1915C, 155. PIAZZA. See POBCH. PICKETING. Injunction to restrain. 1917E, 389. Picketing of boycotted theater as a nuis- ance. 1917E, 383. PIGS. Annotation. Keeping of, as nuisance. 1917C, 212. Keeping of, as nuisance. 1517C, 211. PIPE LINE. Easement for. 1915C, 355; 1915E, 432. PIPES. As to water mains generally, see WATERS. Annotations. Liability for damage to service mains by excavating in street. 1917 E, 1O94. Easement of ivay as including right to lay pipes. 1917F, 449. Easement for water pipes. 1915C, 355; 1915E, 432. Eight to use private way for access as in- cluding right to lay pipes therein. 1917F, 446. Who must bear expense of laying service pipes between water mains and prop- erty of consumer. 1915 A, 246; 1916E, 258. Injury to persons by piineturing of gas pipes beneath street by steam roller. 1916A, 1224. Injury to gas mains laid in street resulting from construction of sower. 1917E, ]092. Injury to lessee's property by leaking or bursting of. 1917B, 222/238. Rescission of land contract for vendor's breach of agreement to lay water mains to the property. 1917B, 401. PLACE. Place of trial, see VENTJE. Of delivery by carrier. 1917D, 916. PLAINTIFF. Parties plaintiff, see PASTIES. PLANT DISEASES. Conferring judicial power on fruit inspec- tor. 191 5F, 894. Requiring destruction of diseased fruit. ]915F, 894. Destruction by legislative authority of trees affected by. 1917C, 894. Plurality of subjects in statute for protec- tion against. 1917C, 894. PLAT. See MAPS AND PLATS. PLATFORM. Contributory negligence in riding on, see CABBIEBS. Compelling passenger to ride on platform. 1915B, 915. Municipal regulations as to passengers rid- ing on. 1915F, 792. PLAYGROUND. Liability of city for injury to child on. 1915C, 435; 1915D, 1108. PLEADING. In general. Verification. Definiteness; particularity. Inconsistency; repugnancy. Conclusions. Defects waived or cured; time for ob- jections. Exhibits; profert; oyer. Pleading laws and ordinances. Judgment on pleadings. Relief under pleadings. Admissions. Amendments. Supplemental pleading. Striking out. Misjoinder; multifarionsness. Duplicity. 334 PLEADING. Declaration or complaint. in general. statement of canse generally. negation of defense. prayer; allegations as to dam- ages. on contract liability. for negligence. for libel and slander. for torts, injuries, or nuisance. as to corporate matters. miscellaneous. Pleas and answers in general. what must be pleaded. sufficiency. Reply. Demurrer. in general; form. when lies; what demnrrable. what questions raised by de- murrer. what admitted by demurrer. effect; practice. In general. In admiralty, see ADMIRALTY. Review of discretion as to, on appeal, see APPEAL AND ERROR. Raising objection to, for first time on ap- peal, see APPEAL AND ERROR. Reversal for error as to, see APPEAL AND ERROR. In criminal prosecution, see CRIMINAL LAW; INDICTMENT, ETC. As evidence, see EVIDENCE. Evidence admissible urf'er, see EVIDENCE. Variance between pleading and proof, see EVIDENCE. In mandamus proceeding, see MANDAMUS. Election between counts, see TRIAL. Estoppel to object to ruling on. 1016E, 618. Consideration of interlocutory order on ap- peal. 1916C, 1275. Collateral attack on judgment for defects in. 1916E, 298, 303, 312. Verification. Verification of information, see INDICT- MENT, ETC. Necessity of denial under onth of allega- tions of execution of written instru- ments and indorsements thereof. 1916A, 731. Of specifications of charges in disbarment proceedings. 1915D, 1218. Of facts stated in application for mandamus. 1916F, 1033. Definibeness; particularity. Demurrer to petition because of indefinite- ness. 1915A, 317; 1915E, 1057. As to extent of damages. 1916F, 216. As to defects in title. 1915E, 271. Inconsistency; repugnancy. Allegation that ejectment of passenger was done negligently, wilfullv, and mali- ciously. 1915E/145. Inconsistent defenses. 1916C, 358. Conclusions. Allegation that affidavit of illegality served on sheriff was properly witnessed and executed. 1917B, 513. Allegation in bill for separate maintenance of insults, mistreatment, humiliation, etc., as a conclusion. 1917D, 773. Allegation that arrest was made by deputy in his official capacity. 1915E, 172. Defects waived or cured; time for ob- jections. Questions as to, considered on appeal, see APPEAL AND ERROR. Waiver of demurrer. 1915A, 120, 731. Failure to demur, or answering over after demurrer, as waiver of failure of com- plaint to state substance of good cause of action. 1916C, 1275. Exhibits; profert; oyer. Reversible error in failing to attach exhibit to complaint. 1915F, 711. Considering as part of petition copy of in- strument on which suit is brought, at- tached to the petition. 1916F, 873. Construing allegations of petition chal- lenged by general demurrer in connec- tion with the exhibits. 1917B, 208, . 558. Pleading laws and ordinances. Law of other state. 1916C, 767. Judgment on pleadings. In action upon indorsed negotiable note. 1917B, 364. Relief under pleadings. Prayer for relief. 1915B, 881. In action to compel corporate directors to account. 1915D, 632. Injunction against imposition of fines bv labor union where bill contains no alle- gations that they were intended to be imposed. 1917F, 755. Recovery under allegation of damages in suit to enjoin destruction of trees, of statutory penalty for such destruction. 1917F, 385. Admissions. Estoppel by admitting portion of claim in action on contract. 1916D, 792. Admission of surrender of policy in action on insurance policy. 1915A, 875. Amendments. Of reply, see infra. Amended complaint for damages as within injunction bond conditioned to pay all damages. 1915A, 853. As affecting limitation of actions. 1916B, 910; 191GD, 316; 1917F, 414. I Right to consider motion to dissolve injunc- tion granted on bill subsequently held insufficient where an answer has not been filed to the amended bill. ]!)17F, 303. Sustaining demurrers to pleas before amendment. 1917F, 380 PLEADING. 335 Review of discretion as to amendment. 3015A, 731; 1915D, 766; 1915F, 648; 1917E, 490. Prejudicial error as to. 191 5 A, 328. Rejection of amendment to pleadings be- cause of immateriality or delay. 1915F, 984. Effect of failure to object to amendment. 1915A, 731. Amendment of complaint to conform to facts proved. 1915D, 766. Amendment of petition which fails to state cause of action where defendants are at- tacking jurisdiction of court. 1916F, 566. Amendment of answer in suit on promissory note. 1917C, 840. Right to file nunc pro tune amended decla- ration tendered after lapse of time al- lowed for filing. 1917D, 652. By defendant after close of plaintiff's case. 1917D, 750. Amendment of answer setting up a counter- claim. 1917B, 760. New cause of action. 1916B, 910; 1916D, 220; 1917F, 1043. As to parties. 1916B, 910. Striking out of amendment filed too late. 1917D, 652. Supplemental pleading. Abandonment of original bill by filing of supplement. 1917A, 971. In quo warranto. 1916D, 672. Striking out. Prejudicial error as to. 1915B, 678; 1915C, 319; 1915E, 991. Striking part of pleading. 1915C, 319; 1915F, 1187; 1917D, 357. Striking out special plea setting up com- promise. 1917A, 1128. Striking entire pleading. 1916E, 721. Misjoinder; multifariousness. Joinder of causes of action, see ACTION OB SUIT. Multifariousness of, see ACTION OB SUIT. Joinder of parties defendant, see PARTIES. Duplicity. Duplicity in indictment, see INDICTMENT, ETC. Duplicity in plea to indictment. 1917B, 608. Demurrer for duplicity. 1915E, 1057. Test of duplicity. 1915E, 465. Declaration or complaint. in general. Disbarment of attorney for malicious at- tack on court in petition. 1915D, 1218. Insufficiency of, or defects in, complaint as ground for relief from judgment. 1916E, 303. Sufficiency of objections to. 1915A, 120. First objecting to, on appeal. 1915A, 120; 1915D, 766; 1916D, 836. Errors waived or cured below. 1915C, 367. Complaint in contempt proceeding. 1917E, 551, 650. Complaint in disbarment proceedings. 1915A, 663. In proceedings to revoke license of physi- cian. 1916D, 436. statement of cause generally. Effect of designating action by wrong name. 1917C, 1128, 1176. negation of defense. Transfer of business with notice as matter of defense in action to hold former pro- prietor liable. 1915F, 711. Limitation of actions. 1915E, 1192. prayer; allegations as to damages. Enlarging scope of a bill by the prayer for relief. 1917F, 755. Recovery under -allegation of damages in suit to enjoin destruction of trees, of statutory penalty for such destruction. 1917F, 385. Damages by personal injuries. 1915D, 834; 1915F, 992. Damages by libel or slander. 1916E, 667. on contract liability. Allegations for equitable relief. 191 7B, 267. Necessity of pleading waiver in action on insurance policy. 1917F, 663. In action on public improvement contract. 1916E, 3175. Action to enforce contract on behalf of an undisclosed principal. 1917B, 564. In action to enforce insurance policy. 1917A, 1078; 1917E, 983. Action for ejection of passenger. 1917C, 483. In action for loss of baggage. 1916E, 487. In suit for specific performance of land contract. 1915C, 367. In action of assumpsit on promissory note. 1916D, 220. for negligence. In action for death of child drowned in un- guarded well. 1915A, 731. In action for injury to boys ordered off moving train. 191 7C, 1066. Injury to employee. 1917E, 182. In action for injury to minor employed in violation of statute. 191 5F, 803, 1082. In action for injury to property by blasting. 1915E, 356. Denying contributory negligence. 1915C, 33; 1915E, 500; 1915F, 558. Necessity that complaint admit contribu- tory negligence to permit doctrine of last clear chance to be invoked. 1916A, 943. for libel and slander. Necessity of pleading special damages. 1916B, 915; 1916E, 667; 1917F, 548. for torts, injuries, or nuisance. Allegations of negligence causing injury, see supra. In action against physician for disclosing confidential communications. 1917C, 1228. 336 PLEADING. Injury to real property by blasting. 1915E, | 356. In action for refusal of service by telephone company. 1915E, 455. In action for inducing breach of contract. 1915F, 1076. In action for refusal of gas company to con- tinue to supply consumer. 1915A, 1208. Malicious prosecution. 1916E, 1277; 1917B, 350. as to corporate matters. In action to hold directors personally liable for failure to file certificate of payment of capital stock as required by statute. 1915D, 1028. Allegations as to lack of authority of corpo- rate officer to draw checks to his own order. 1915B, 720. miscellaneous. Annotations. Attack on divorce decree on ground of infirmities of pleadings in divorce suit. 1917B, 4:68. In action attacking divorce decree for causes other than lack of jurisdic- tion. 1917B, 5O9. Failure in suit on judgment to allege that the judgment is final and not appealed from. 1916A, 1181. Sufficiency of allegation of insolvency. 1917F, 263. Equitable relief. 1917B, 267. Injunction. 1916F, 1001; 1917B, 267; 1917F, 755. Suit for separate maintenance. 1917D, 773. In prosecution for fraudulent statements as to drugs. 1916D, 164. Pleas and answers. in general. Amendment of answer, see supra. Striking out answer, see supra. Evidence admissible under, see EVIDENCE. Annotations. Availability of plea of limitation and plea to the merits against the same cause of action. 1917C, 71. Garnishment proceedings and an action to recover the debt pending in dif- ferent states or countries as sus- taining plea in bar or abatement. 1917F, 1O1O. Errors waived or cured below. 1916D, 777. Refusal of motion to have entire answer stricken out where part of it is respon- sive. 1915E, 991. Rejection of plea which raises no substan- tial defense. 1916E, 618. Necessity of traverse of answer in contempt proceeding. 1017E, 650. Exceptions to entire paragraph which con- tains averments responsive to the bill. 1917D, 357. Mode of raising objections. 1917D, 440; 1917F, 935, 1013. General denial. 1917B, 1061. Plea in bar or in abatement. 1915B, 665; 1917F, 1013. what must be pleaded. Prejudicial error as to. 1915A, 288. Necessity of pleading that complainant does not come into court with clean hands 1916D, 116. Necessity of pleading facts constituting special or affirmative defense. 1917F, 890. Necessity that distributing company allege offer to deliver the cars to the dealer in action against it by automobile dealer to recover advances made under auto- mobile distribution contract. 191 5B, 109. Necessity of pleading amount of mortgaged debt in action for conversion of mort- gaged chattels by mortgagee. 1915E, 192. Claim that damages to surface caused by mining operations were necessarily in- cident to the operations. 1917C, 1190. Unconstitutionality of law. 1917F, 802. Custom or usage. 1917F, 571. Statute of Frauds. 1917B, 1061. Estoppel. 1915A, 288; 1916B, 697; 1917E, 539. Assumption of risk by servant. 1915C, 9. Contributory negligence. 1917F, 890. sufficiency. Annotation. Sufficiency of general averment of want of consideration. 1917F, 581. Sufficiency of plea of duress. 1917D, 440. Statute of Frauds. 1917B, 1061. Contributory negligence. 1917F, 890. Defense that contract violated anti-trust laws. 1917B, 803. General averment that note is without con- sideration. 1917F, 579. As to right of foreign corporation to en- force contract. 1915B, 665. Answer in action on guaranty. 1916F, 1228. Reply. Necessity and propriety of. 1916B, 1218. First objecting on appeal to absence of re- ply. 1915E, 1047. Treating unnecessary reply as part of peti- tion. 1915B, 793. Replication containing facts which might have been proved under general nlT-ji- tion of the complaint. 1917F, 3S ' Reply seeking relief for mutual mistake from release pleaded in defense of ac- tion for injuries. 1916B, 769. Departure in reply to answer in action by broker for commission. 1915A, 804. Sufficiency of reply to claim of accommoda- tion maker to release from liability for note. 1916C, 767. Amendments. 1915F, 648. PLEADING; PLEDGE AND COLLATERAL SECURITY. 337 Demurrer. in general; form. Demurrer to evidence, see TRIAL. Failure to demur, or answering over after demurrer, as waiver of failure of com- plaint to state substance of good cause of action. 1916C, 1275. Waiver of demurrer. 1915A, 120, 731. Dismissal of appeal from judgment sus- taining demurrer. 1917B, 329. Demurrer to bill on ground of existence of fact which des not appear in the bill. 1915E, 1006. Demurrer to return in mandamus proceed- ing. 1915D, 288. Construing allegations of petition chal- lenged by general demurrer in connec- tion with the exhibits. 1917B, 208, 558. General demurrer by one of two defendants to count disclosing lack of right of action against him on its face. 1917D, 440. Effect of general and joint demurrer of two defendants to reach question of pro- priety of joinder of one of them. 1917D, 1002. General demurrer to petition, one para- graph of which is good. 1915E, 465. General demurrer in equitable actions. 1916B, 611. Taking advantage of argumentativeness by general demurrer. 1915C, 33. General demurrer to petition in action to enjoin interference with business of lodging housekeeper by city officers. 1915B, 1097. Sufficiency of allegations of negligence in frightening horse as against general de- murrer. 191 5D, 617. Special demurrer. 1915B, 900; 1915C, 33. when lies; what demurrable. Demurrer to complaint which designated action by wrong name. 1917C, 1128. Inconsistency as ground of demurrer. 1915E, 145. For failure of petition to state cause of ac- tion. 1915F, 623; 1917D, 357. For duplicity. 1915E, 1057. For indefiniteness of pleading. 1915E, 1057 ; 1916F, 216. Demurrer to complaint for negligent injury which discloses contributory negligence on its face. 1915F, 638; 1916F, 1287. Failure of complaint for personal injury which seeks recovery of doctor's bills to state amount thereof. 1916F, 216. To portion of bill for damages against trade union which seeks to enjoin withdrawal of its funds from a bank. ]915E, 1006. To bill for partition because of improper description of the property. 1916C, 693. To petition in action for specific perform- ance of land contract. 1915A, 317. In action for breach of warranty. 1915B, 900. L.R.A. Tri. Index 1915-17. 22. Construing allegation that wife had not been divorced from former husband as against demurrer, as intended to libld that such husband was still living. 1916C, 77. Sufficiency of answer in action on note sot- ting up want of consideration as against a general demurrer. 1917F, 579. what questions raised by demurrer. Raising defense of limitations by demurrer. 1917F, 935. what admitted by demurrer. Raising by demurrer defense of former suit pending. 1917A, 671. effect; practice. Collusiveness of judgment on demurrer, see JUDGMENT. Considering allegations of the two bills to- gether upon demurrer to an . original and a supplemental bill. 1916D, 1230. Following rulings of another judge on de- murrer filed in the case. 1916F, 1228. Presumptions on appeal as to rulings on demurrer. 1915E, 465. Prejudicial error as to. 1916C, 767; 1916D, 761; 1917F, 380. Waiver of objection as to demurrer. 1916C, 752. Necessity of bill of exceptions to bring up for review ruling on demurrer. 1915F, 551; 1916C, 1275. Effect of appeal from final judgment to bring up for review exceptions to order overruling a general demurrer. 1916C, 1275. Judgment on appeal in case of technical error in overruling demurrer. 1915C, 1183. PLEDGE AND COLLATERAL SE- CURITY: In general; validity. Rights of parties and third persons. In general; validity. Warehouse receipts, see WAREHOUSEMEN. Annotation. Pledge of securities of insolvent "bank, as an unlawful preference. 19 17 A, 7O1. Construing blank in provision In note as to collateral as referring to the maker of the note. 1915F, U68. Application by holder of note of proceeds of sale of securities as credit on note. 1916A, 731. Pledge of corporate bonds as collateral se- curity for debt of corporation. 1916E, 563. 338 PLEDGE AXD COLLATERAL SECURITY POLICE. Rights of parties and third persons. Succession or inheritance tax on in- terest of pledgeor or pledgee. 1917F, 278. Pledge by mortgagee of his interest in the mortgage debt or property as affecting his right against insurer. 1917E, 33O. Responsibility of holder of paper as collateral security for default of those to whom the paper is intrust- ed for collection. 1917E, 5O9. Transfer tax on interest of nonresident de- ceased pledgeor of stock of domestic corporation. 191 7F, 273. Estoppel of third person to set up rights against pledgee. 191 6 A, 629. Assignment of proceeds of contract due and , to become due as a pledge. 1916D, 361. Pledge as collateral for debt of mortgagee of notes secured by mortgage as a change of title or interest within mean- ing of insurance policy on property. 1917E, 328. Liability of bank holding note as collateral to owner for negligence of correspond- ent to whom note was sent for collec- tion. 1917E, 506. Effect on negotiability of note of provision for additional collateral. 1915B, 472; 1915F, 777. . Release of accommodation maker of note by permitting payee to withdraw collater- al. 1916C, 767. Lien of one purchasing draft by domestic upon foreign banker, upon collateral de- posited to secure payment of such drafts. 1915B, 438. Effect of draft on bank with which collat- eral has been deposited to meet over- drafts to work assignment of an inter- est in the collateral sufficient to meet the draft. 1916C, 12. Conversion by one taking from pledgeor, as collateral security, bonds merely in- trusted to him for safe keeping. 1916A,* 629. Right of one depositing stock to cover mar- gins to return thereof on bankruptcy of broker as against one to whom broker had pledged the shares. 191 6F, 488. Right of indorsee of note secured by collat- eral to apply collateral to other claims held by him against maker. 1915F, 968. Right of pledgee to hold collateral security for note of corporate promoter for en- forcement of contract previously made by promoter. 1916A, 568. POCKET PICKING. As within protection of insurance against loss by robbery. 1917D, 684. POISONING. As to blood poisoning, see BLOOD POISONING. Death of insured from. 1915A, 314; 1916A, 475; 1916E, 1203; 1917A, 1050; 1917F, 481. Recovery for, under Workmen's Compensa- tion Act. 1916D, 1013; 1916E, 510. POISON IVY. Death of insured resulting from chance con- tact with. 1915A, 314. POLES. Annotation. Duty to change location of poles in street or highway. 1917D, 663. Telephone poles in highway. 1917D, 660. Liability of city for death caused by fall of pole in street. 1917B, 548. POLICE. Arrest by, see ABBEST. Liability for false imprisonment, see FALSE LMPBISONMENT. Evidence of other crimes in prosecution of police officer for taking bribe. 191 5B, 103. Bond of policeman, parol modification of terms. 1917B, 139. Liability on bond of policeman. 1917B, 139. Effect of constitutional immunity from un- reasonable searches and seizures as pro- tection against individual misconduct of. - 1915B, 834. Liability of city for acts of. 1915E, 460. Liability for acts of special police officer. 1915C, 1183; 1915F, 714; 1016E, 356. Liability of carrier for act of policeman in expelling passenger from station. 1916E, 1107. Statute setting apart fines and penalties for police pension fund as repealing act en- titling superintendent of schools to such moneys. 1917B, 176. Requiring street railway companies to grant free transportation to police officers. 1917E, 1170. Injury to officer in charge of police patrol wagon by street car. 1915C, 419. Imputing negligence of driver of police pa- trol to officer riding within. 1915C, 419. Liability of owner of property for injury to policeman thereon. 1916B, 791. Recovery under Workmen's Compensation Act for killing of night watchman by police officer in belief that he was a robber. 1916D, 933. POLICE JUDGE POSTDATED CHECK. 339 POLICE JUDGE. Effeot of acceptance of office of, by mayor, to vacate office of mayor. 1917A, 211. POLICE PATROL. Injury to officer in charge of police patrol wagon, by street car. 1915C, 419. POLICE POWER. In general, see CONSTITUTIONAL LAW; MU- NICIPAL CORPORATIONS. Strict construction of statute passed ia ex- ercise of. 1917D, 310. Applicability to vessels of police laws of the state. 1915F, 1140. POLITICAL MATTERS. Injunction against publication of. 1917A, 160. POLITICAL PARTIES. Nominations by, see ELECTIONS. POLITICAL QUESTIONS. Fower of court to review. 1917A, 276. POLITICAL RIGHTS. Injunction to protect, see INJUNCTION. POLLUTION. Of water generally, see WATERS. PONDS. Annotation. Contributor!/ negligence of child falling into. 1917F, 109. Drowning of child in. 1916D, 443. POOL, Annotation. Game of pool as proper subject for police regulation. 1917E, 318. Of corporate stock, for voting purposes. 1917A, 1174. POOR AND POOR LAWS. As to mothers' pensions, see MOTHEES' PEN- SIONS. Liability of county for injuries caused by negligence of employee in charge of poorhouse and farm. 1916B, 1261. Liability of relatives for medical and hospi- tal care given to pauper in emergency. 1915E, 844. POPULARITY CONTEST. Annotation. Legality of voting or popularity con- test. 1917D, $89. PORCH. Liability of landlord for defective condition of. 1915B, 98. PORTER. On Pullman car, release from liability for injury to." 1915D, 510. POSSESSION. Adverse, see ADVERSE POSSESSION. Of complainant in action to remove cloud from title, see CLOUD ON TITLE. Notice from, see NOTICE. Presumption and burden of proof as to. 1915B, 475; 1916D, 761. As basis of action for injury to property. 1916F, 1289; 1917D, 214. POSTDATED CHECK. Annotation. Effect of certification of. 1917F, 1O99. Certification of, before maturity. 1917F, 1096. Garnishment after delivery of postdated check for amount of the debt. 1917F, 394. Power of president to bind bank to pay post- dated check on day of its date. 1917F, 1096. 340 POSTING RATES PREACHERS. POSTING RATES. Of carriers. 1915B, 450; 1917A, 265; 1917B, 787; 1917C, 1124. POSTOFFICE. In. gene-il. Duty of carrier to heat mail car. 1916E, 464. Hural mail carrier as a public officer. 1917A, 228. Giving mail carriers right of way in street. 1915D, 1021. Contract to use influence to procure removal of postoffice to certain location. 1916D, 722. Right of state to enjoin delivery of liquors sold by solicitation through mail. 1916C, 291. Mailing of notice within time limited in contract as satisfying requirement of notice. 19] 5B, 181; 1916B, 1114. Effect of mailing notice of protest of note. 1915E, 139. Acceptance by mail of offer. 1916A, 1297. Mailable matter; transmission and delivery of mails. Loss or destruction of mail during trans- mission. 1915 A, 374; 1917A, 655. Presumption of receipt of postal card prop- erly addressed and mailed. 1917C, 416. Loss of case made in mail, as ground for new trial. 1917B, 1073. Crimes. Statements of district attorney in prosecu- tion for wrongful use of mails. 1916D, 1118. POSTPONEMENT. Of sale under foreclosure. 1915B, 6^0. POSTS. Requiring removal of posts from sidewalk. 1916C, 561. POTATOES. Attachment of potatoes in car. 1915F, 1184. Implied v irranty on sale of. 1917F, 469. Effect of failure of purchaser of potatoes to furnish sacks therefor as a-'reed. 1916D, 728. POWDER MAGAZINE. As a nuisance. 1915A, G15. POWDER MILL. Injunction against operation of. 615. 1915A, POWERS. In general. Power of sale in mortgage, generally, see MOKTGAGE. Foreclosure under, of chattel mortgage. 1916C, 443. Of attorney. 1915F, 62. What is a power coupled with an interest which will prevent revocation of agency. 1915A, 639. Of disposal in will. 1915D, 153; 1916C, 1040; 1917A, 168. Tax on property passing under power of appointment. 1917C, 975. Execution. Illusory exercise of power of appointment. 1916D, 493. Execution of power by will. 1916C, 1040. Will providing that share of beneficiary which shall exist at his death, "shall pass as he may direct by last will to his wife and heirs at law;" power of beneficiary to exclude wife or an heir. 1916D, 493. PRACTICE AND PROCEDURE. In admiralty, see ADMIRALTY. Constitutionality of regulations as to, see CONSTITUTIONAL LAW. In contempt proceeding, see CONTEMPT. In eminent domain proceedings, see EMI- NENT DOMAIN. In injunction case, see INJUNCTION. In mandamus proceeding, see MANDAMUS. In mechanic's lien case, see MECHANICS' LIENS. In proceedings fer new trial, see NEW TRIAL. In assessments for local improvements, see PUBLIC IMPROVEMENTS. PRAIRIE FIRES. Personal injuries in fighting prairie fire negligently set. 1915E, 991. PREACHERS. Annotation. Going to another state, county, or dis- trict to preach as effecting a change of domicil or residence. 19 17 A, 294. PRECAUTIONS PRESET CE. PRECAUTIONS. Evidence of, to show prior negligence. 1915E, 613. PRE-EXISTING DEBT. Issue of corporate bonds to secure. 1916E, 563. As consideration for assignment of judg- ment as security therefor. 1917F, 1006. As consideration for note. 1917C, 840. As consideration for transfer of negotiable paper. 1917A, 704. Effect of application to, of money innocently received from one who had obtained it fraudulently. 1917A, 704. PREFERENCE. By bankrupt, see BAXKBUPTCY. By insolvent generally, see INSOLVENCY. Annotation. Pledge of securities by insolvent bank as an unlawful preference. 1917 A, 7O1. By insolvent bank. 1917A, 696. *-- PREFERENTIAL VOTING. Application to election of municipal judge. 1916B, 931. Validity of statute providing for. 1916B, 931. Effect of provision for, on voter's right to vote for persons other than regularly nominated candidates. 1915B, 401. PREFERRED STOCK. Dividends on. 1915D, 1052. PREGNANCY. See also PBEGXANT WOMAN. Annulment of marriage induced by false statements as to. 1916F, 526. PREGNANT WOMAN. Annotation. Mental anguish as an element of dam- ages for personal injury to. 1917 E, 1055. Measure of damages for injury to. 1917E, 3047. PREJUDICIAL ERROR. See APPEAL AND EBKOB. PRELIMINARY EXAMINATION. Necessity of. 1917D, 1014. Demurrer to information because of absence of. 1917D, 1014. PRELIMINARY INJUNCTION. See INJUNCTION. PREMATURITY. Of action, see ACTION OK SUIT. PREMIUMS. For insurance, see INSUBANCE. Of loan association. 1916D, 745. Regulating use of, in packages of food. 1917A, 1116. License tax on use of coupons, etc., redeem- able in premiums. 1917A, 421. PRESCRIPTION. Title by, see ADVEKSE POSSESSION. Easements by, see EASEMENTS. Prescriptive rights as to waters, see WATEBS. Annotation. Use of private alley "by public as per- missive or prescriptive. 1917E, 723. Right to register title gained by prescrip- tion. 1916D, 3. PRESENCE. Annotation. Necessity of presence of accused at ren- dition of verdict for misdemeanor. 1917B, 346. Of accused, necessity of. 1915D, 817; 1917B, 344; 1917C, 610. Of parties at execution of xvill. 1916C, 946; 1917F, 866. 342 PRESENTATION PRINCIPAL AND AGENT. PRESENTATION. PRINCIPAL AND AGENT. Of note for payment, see BILLS AND NOTES. Of claims against estate of decedent, see EXECUTORS AND ADMINISTBATOBS. PRESIDENT. Conclusiveness on courts of statement of President as to nonexistence of govern- ment in foreign country. 1917A. 276. Of bank, embezzlement of deposit by. 1917A, 519. Of bank, powers of. 1917F, 1096. 4 PRESIDENTIAL ELECTORS. Nomination of, at primary election. 1917B, 718. PRESS. Freedom of, see CONSTITUTIONAL LAWS. > PRESUMPTIONS. On appeal, see APPEAL AND EBBOB. In general, see EVIDENCE. PRICES. Evidence as to, see EVIDENCE. Conspiracy to control, see MONOPOLY AND COMBINATIONS. Annotation. Implied or apparent authority of agent to fix. 1917E, 791. Inadequacy of price received as' ground for setting aside foreclosure sale. 1917B, 513. False representation by vendor as to price received on specified sales. 1916F, 780. Offer by quotation of price. 1915D, 145; 1915F, 824. PRIEST. See RELIGIOUS SOCIETIES. PRIMARY ELECTIONS. See ELECTIONS. In general. The relation; revocation. Agent's authority; rights and liabili- ties of principal. in general. agent's f rand or wrong. ratification of agent's act* Rights and liabilities of agent. In general. Agent of bank, see BANKS. As to brokers, see BBOKEBS. Officers and agents of corporations gener- ally, see COBPOBATIONS. Proof of agent's declarations, see EVIDENCE. Agent of insurance company, see INSUB- ANCE. Matters as to partnership, see PABTNEB- SHIP. Annotation. Assignment or release of the right to a third person's services. 1917F, 842. Admissions of agent as evidence. 1915A, 153; 1915B, 1116. Estoppel of principal by recitals in rede- Lvery bond given by him when his prop- erty is attached as that of his agent. 1915A, 1132. Seizure under execution against agent of title to chattel placed in agent to enable him to transfer his property to a pur- chaser. 1916A, 588. Right to inspect books of corporation through agent. 1915D, 288. Right to make demand for special meeting of board of corporate directors through agent. 1915E, 774. Action by third person against agent for money had and received. 1916D, 1039. Agent employed to manage property as ten- ant of employer. 1915C, 601. Right of husband to testify to transactions by him as his wife's agent. 191 GC, 351; 1917F, 663. Contract for automobile agency. 1915B, 109. Service of process on agent. 1916E, 232; 1916F, 359, 407, 451; 1917E, 1152; 1917F, 890. Effect of purchase of note by maker through an agent to discharge the maker's lia- bility. 1917A, 725. Failure of purchaser of note to disclose that he is making purchase for the maker as fraud. 1917A, 725. The relation; revocation. Annotation. Construction of contract having some provisions peculiar to consignment and agenci) contracts and others to sale contracts. 1917B, 626. PRINCIPAL AND AGENT. 343 Question whether contract constitutes an agency contract or a sale. 1917B, 620. Creation of agencies by implication. 1917D, 206. Wife as agent of hrsband. 1917A, 1128. Bank as agent of depositor to pass on valid- ity of checks. 1915B, 715. Depository in escrow agreement as agent of both parties. 1916A, 493. Subagent as agent of principal. 1915E, 721. Termination of contract of agency by death. 1915C, 601. What is a power coupled with an interest which will prevent revocation of agency. 1915A, 639. Revocation by state of contract by county with individual for Assistance in dis- covering property not listed for taxa- tion. 1915A, 639. Effect of dissolution of firm of real estate brokers to terminate authority. 1915C, 576. Agent's authority; rights and liabili- ties of principal. . in general. Power and authority of agent of bank, see BANKS. Authority of brokers, see BBOKEBS. Authority of corporate agent generally, see CORPORATIONS. Power of insurance agent, see INSURANCE. Imputing agent's knowledge to principal, see NOTICE. Annotations. Implied or apparent authority of agent to fix price. 1917E, 791. Effect of Knowledge of insurance agent that prohibited articles were Kept on premises. 1917C, 294. Implied or ostensible authority of an agent to hind his principal by cove- nants in the sale of real property. 1917F, 954. Implied or ostensible authority of agent for the sale of land as to repre- sentations. 1917F, 962. Presumption and burden of proof as to. 1917E, 539. Sufficiency of proof of authority. 1917E, 788. Sufficiency of allegations to sustain ev- idence of authority of agent. 1917E, 539. Instructions as to agent's authority. 1917E, 539. Review on appeal of finding as to author- ity of agent. 191 6B, 856. How implied powers of agent are to be de- termined. 1917D, 206. Power of special agent to bind principal by acts outside of scope of authority. 1916C, 125. Right of agent to transfer his powers to a corporation organized by him. 1916F, 88. Satisfaction of debt by accord with agent of debtor. 1917A, 725. Liability of municipality for work done and materials furnished by unauthorized agent. 1917D, 206. Notice of limitation on authority of agent of municipality. 1915D, 978. Agent's right to maintain action. 1916D, 1006; 1917D, 493. Power of attorney. 1915F, 662. Power to Borrow money on credit of princi- pal. 1916C, 110. Aa to commercial paper. 1915F, 777; 1916C, 110, 125. Warranty of goods sold. 1916C, 411. Power of agent for sale of land to bind principal by representation as to the character and quality of the land. 191 7F, 958. Power of agent selling land to covenant that no liquor shall ue sold in any of the lots in the tract. 1917F, 949. Implied authority of salesman to pledge employer's credit for board and trans- portation. 1916B, 751. Power of infant's agent to consent to liquor business in close proximity to his prop- erty. 1916D, 816. Notice to principal of possibility that pur- , chasing agent will offer exorbitant price. 1917E, 788. Sufficiency of exorbitant price offered by purchasing agent to put on inquiry as to his authority person selling to him. 1917E, 788. Authority to receive payment. 1915D, 271; 1916B, 856. Power of agent to charge married woman with liability for debts incurred in busi- ness in which she was interested. 1916D, 1230. Power of carrier's agent. 191 6E, 1134. Liability to undisclosed purchaser of one entering into contract with agent. 1915C, 256. Pleading in action to enforce contract on behalf of undisclosed principal. 191 7B, 564. Undisclosed principal as necessary party de- fendant to suit against agent. 1917E, 988. Right of principal to earnings of agent in outside employment. 191 6D, 777. Trust in property purchased by agent with employer's funds. 1916C, 578. Right of bank to apply on debt due it by agent money deposited as agent. 191 7F, 460. Alteration of warehouse receipt by agent without authority. 1916F, 289. agent's fraud or -wrong. Annotation. Principal's collecting or attempting to collect proceeds of contract from agent as precluding assertion, as against the other party to the con- tract, of the agent's fraud. 1917D, 701. Imputing notice of agent's wronar to prin- cipal. 1915B, 815, 1091; 1916C, 1101; 1917A, 519; 1917F, 300, 303. 344 PRINCIPAL AND AGENT; PRINCIPAL AND SURETY. Bringing of suit by principal against agent to recover proceeds of sale of her prop- erty by agent as bar to suit to cancel the deed for agent's fraud. 19J7D, 697. Estoppel of insurance company by agent's mistake, negligence or fraud. 1915A, 273; 1915D, 76G. Liability of owner of majority stock in cor- poration for wrongful act of agent. 1915A, 654. ratification of agent'* act. Annotation. Principal's collecting or attempting to collect proceeds of contract from agent as precluding assertion, as against the other party to the con- tract, of the agent's fraud or lack of authority. 1917D, 7O1. Presumption and burden of proof as to. 1916C, 125. Recognition by lessor of lease made by agent in his own name. 191 5 A, 288. Implication of ratification of agent's unau- thorized contract. 1917D, 206. Ratification of acts of stockbroker. 1917C, 737. Ratification by municipality of unauthor- ized acts and contracts of agents. 19] 7D, 206. Cringing of suit by principal against agent to recover proceeds of sale of her prop- erty by agent as bar to suit to cancel the deed for agent's fraud. 1917D, 697. Power of agent to ratify his own unau- thorized act. 1917E, 539. Act of principal in converting into a sal- able commodity cream purchased by his agent at an unauthorized price as ratification of agent's act. 1917E, 788. Rights and liabilities of agent. Corporate officers and agents acting in fidu- ciary capacity, see CORPORATIONS. Liability of agent procuring liquor for an- other, see INTOXICATING LIQUORS. Annotations. Consideration for note or obligation given by agent to cover loss on transactions conducted by him for principal. 1917B, 696. Liability of agent of leased premises for injuries due to defectj therein. 1917C, S3. Liability of insurance agent. 1915A, 860. Right of agent of city to city's exemption from liability for injury by his negli- gence. 1916D, 508. Fiduciary capacity; conflict of interests. 1917A, 1068, 1174. Election to proceed against principal as bar to action against agent. 1917B, 222. Liability for negligence. 1915E, 721; 191 5F, 566; 1917C, 77. On contracts. 1916F, 1228. Criminal liability. 1915A, 106. How sums stolen by bookkeeper should be- charged in determining compensation of manager entitled to one-half yearly net profits. 1917D, 426. Right of one employed on commission to re- cover loss of profits on unlawful termi- nation of employment. 1916B, 868. PRINCIPAL AND SURETY. Suretyship; liabilities of surety. in general. release or discharge. Rights and remedies of surety. Suretyship; liabilities of surety. in general. As to bonds generally, see BONDS. Bonds for fidelity of employees, see BONDS. As to guaranty, see GUARANTY. Effect of judgment against principal, see- JUDGMENT. Contract as one of suretyship or of insur- ance. 1917D, 485. Married woman as surety. 1915B, 1116. Failure of others to sign. 39-15F, 1157. Attempt by legislature to direct county to- levy tax for reimbursement of sureties on a collector's bond \vho are alleged to have paid shortage for which collector was not responsible. 1917E, 824. Requiring bond of operator of jitney bus to be executed by surety company to ex- clusion of private sureties. 1915F, 850. release or discharge. Release or discharge of guarantor, see GUARANTY. Annotation. Effect upon surety or indorser of bank's failure to apply principal's deposit account upon note. 1917F, 266. Fraudulent concealment by surety as pre- venting it from insisting that its liabil- ity had ceased under the terms of the contract. 1916F, 709. Release of surety on contractor's bond taken from protection of those furnishing labor and material, by act or omission of the obligee or contractor. 1917C, 490. Effect of stay of execution to release surety. 1917C, 485. Acceptance of note for one instalment of goods sold as releasing surety from lia- bility for other instalments. 1C17A, 282. Release of surety on bond of building con- tractor by change in method of pay- ment. 1917C, 490. Failure of owner ,6 retain required percent- age of amount due contractor. 1915C,. 170. PRINCIPAL AND SURETY PHI V ATE CARS. 345 Payment by owner to contractor of instal- ment of compensation in advance of the estimates required by contract. 1916A, 881. Release of accommodation maker of note by permitting payee to withdraw collater- al. 191 6C, 767. Effect to release surety of failure of bank holding note payable at its place of business to apply maker's deposit ac- count thereon. 1917F, 263. By change of contract. 1915B, 407; 1916E, 1110; 1917C, 490. By extension of time of payment. 1915C, 831. Rights and remedies of surety. , Annotations. Right of surety upor* contractor's bond to have payments made by con- tractor applied to the contract. 1917C, 637. Right of surety to indemnity from prin- cipal, or contribution from co- surety, as affected ~by the fact that an action by the creditor against the principal or cosurety would be barred. 1917F, 1O 74. Subrogation to rights of surety. 191 6C, 1057. Right of surety on contractor's bond to no- tice of latter's death. 1916A, 881. Duty of owner who takes possession of con- tractor's implements to account to con- tractor's surety for their value in ac- tion against the surety. 1916A, 881. Right of surety on contractor's bond as to application of payments by contractor. 1917C, 630. Personal liability of public officer on under- taking to indemnify surety on injunc- tion bond. 1915A, 853. Contribution from cosurety. 1915D, 481 ; 1917F, 1065. I Of claims against receiver, see RECEIVEBS. ' Of appropriation of water, see WATERS. Between assignees. 1915E, 1017; 1916E, 79. i Of lien of judgment. 1916A, 779; 1916B, 648; 1916D, 661. As between claims against estate of bank- rupt. 1915B, 148. Of claim- against decedent. 1915F, 1041. Of lien for indebtedness of heir to estate over liens of judgments against him. 1915A, 1179. Between landlord's lien and chattel mort- gage. 1916F, 446. PRISON. Confinement in, for crime, see CBIMINAL LAW. PRISONERS. Annotation. Release of, or interference ^vith cus- tody of, prisoner as contempt of court. 1917D, 355. Evidence of confession by, see EVIDENCE. Interference with custody of, as contempt of court. 1917D, 355. Riot by, municipal liability. 1915C, 578. Liability of county for amount expended for board of, in excess of revenue. 1916F, 892. PRINTING PLANT. Replevin for undivided interest in. 1916B, 1182. PRIOR APPROPRIATIONS. Of water, see WATERS. PRIORITY. Of chattel mortgage, see CHATTEL MORT- GAGE. Between garnishce and other creditors, see GARNISHMENT. Of liens generally, see LIENS. Between mechanics' lien and other liens, see MECHANICS' LIENS. PRIVACY. Use of name and purported likeness of per- son as part of moving picture film. 1915C, 839. Liability of telegraph company for dis- closing contents of message. 1915C, 487. PRIVATE ACTION. For abatement of nuisance, see NUISANCES. To enforce public right generally, see PAR- TIES. Of abutting owner. 1916C, 1200. For obstruction of highway. 1915D, 142; 191f>E, 336; 1917A, 3150. For violation of statute or ordinances. 1915D, 1021; 1917C, 1146. PRIVATE CARS. Right of Interstate Commerce Commission to act on demurrage rule relating to private cars. 1917E, 916. 346 Review by courts of demurrage rule as to which has been approved by Interstate Commerce Commission. 1917E, 916. PRIVATE CARS PROCEDURE. PRIVILEGE TAX. See LICENSE. PRIVATE CROSSING. Annotation. Lands for benefit of which, statute re- quires construction by railroad company of private crossing. 1917D, 909. Duty of railroad company aa to. 1916F, 1294; 1917D, 907. PRIVATE PURPOSE. Right to take property for, under power of eminent domain, see EMINENT DOMAIN. PRIVATE RAILROAD. Right of owner of, to exercise power of emi- nent domain. 1916B, 1089. Contributory negligence of person injured on. 1915F, 1125. PRIVATE ROAD. Exercise of power of eminent domain for. 1916B, 1089. PRIVATE SCHOOLS. Annotation. Exemption from taxation of property used for. 1917E, 1O94. Examination as condition of entrance of graduates of, to public high school. 1917C, 993. Exemption of, from taxation. 1917E, 1085. PRIVILEGE. To use streets, see HIGHWAYS. From service of process, see WBIT AND PBOC- ESS. Of witness. 1917F, 502. PRIVILEGED COMMUNICATIONS. Evidence of, see EVIDENCE. In libel case, see LIBEL AND SLANDEB. PRIVITY. Tenant's abandonment of premises as de- vesting privity of estate between him and landlord. 1917D, 609. PRIZES. Regulating use of, in packages of food. 1917A, 1116. PROBABILITY. Question for jury as to, see TBIAL. PROBABLE CAUSE. Want of, for prosecution, see MALICIOUS PBOSECUTION. Presumption and burden of proof aa to. 1917B, 350. Sufficiency of proof of. 1916E, 1277. Necessity of alleging want of, in action for malicious prosecution. 1917B, 350. Instruction as to. 1915D, 1. Question for jury as to. 1915B, 1179; 1915D, 1, 16; 1916F, 399. PROBATE. Jurisdiction as to probate matters generally, see COUBTS. Of wills generally, see WILLS. Disbarment of attorney for misconduct in his capacity of probate judge. 1915A, 663. Appealability of probate decrees. 1915D, 754, 856. PROBATE COURTS. In general, see COUBTS. Jurisdiction of. 1915A, 1179; 1916A, 1181; 1916F, 493. Effect of repeal of Inheritance Tax Act to relieve probate court of duties imposed by repealed act. 1917E, 11GO. PROCEDURE. See PRACTICE AND PBOCEDUBK. PROCEEDINGS IN REM PROSPECTIVE DAMAGES. 347 PROCEEDINGS IN REM. Administration of estate of deceased person as a proceeding in rem. 1917E, 544. PROCESS. Abuse of, see ABUSE OF PROCESS. In general, see WRIT AND PROCESS. Right to protection in use of terms descrip- tive of a process. 1916E, 632. PROFITS. Loss of, as element of damages, see DAM- AGES. Annotation. Insurance against loss of. 1917C, 726. Insurance against loss of. 1917C, 722. PROFIT-SHARING CERTIFICATE. Effect of permission of Federal government to use, on state restrictions on use. 1917A, 421. License tax on use of. 1917A, 421. PROHIBITED ARTICLES. Keeping of, on insured premises, see IN- SURANCE. PROHIBITION. In general. Adequacy of other remedies. In general. Annotation. Prohibition against court proceeding with a case in u-hich it erroneously denied a change of venue. 19 17 F, 911. To review acts of court in habeas corpus proceeding. 1915E, 235. To restrain further proceedings of lower court because of lack of jurisdiction. 1916E, 1079. Adequacy of other remedies. Appeal from final judgment as a plain, speedy, and adequate remedy to correct refusal to change venue. 1917F, 905. PROMISES. Admissibility of evidence obtained by, see EVIDENCE. As affecting limitation of actions, see TATION OF ACTIONS. PROMOTERS. Of corporations generally, see COBPOBA- TIONS. PROOF. Of service of process, see WRIT AND PROCESS. PROOFS OF LOSS. By insured, see INSURANCE. PROPERTY. t Condemnation of, see EMINENT DOMAIN. Definition of. 1915C, 981. Destruction of, in abating nuisance. 1917C, 1038; 1917F, 1076. Malice in use of. 1916F, 903. Action on the case for injury to. 1917E, 975. Property right in manufacture of intoxicat- ing liquors. 1916F, 177. Statute declaring that in labor disputes right to enter into labor contracts shall not be deemed a property right. 1915F, 831. PRORATING. Of insurance loss, see INSURANCE. PROSECUTING ATTORNEYS. See DISTRICT AND PROSECUTING ATTORNEYS. PROSECUTOR. In general, see DISTRICT AND PROSECUT- ING ATTORNEYS. Who is a prosecutor within meaning of statute making prosecutors incompe- tent to serve on grand jury. 1917B, 608. PROSPECTIVE DAMAGES. See DAMAGES. 348 PROSPECTIVE LEGISLATURE PROXIMATE CAUSE. PROSPECTIVE LEGISLATION. In general, see STATUTES. PROSTITUTION. House of ill-fame, see DISOEDEBLY HOUSES. Annotations. Construction, applicability, and effect of congressional White Slave Traf- fic Act. 1917E, 1137. Statute or ordinance making it an of- fense to associate ivith disreputable persons. 1917F, 9O4. Providing punishment for any male person found associating with, or in company with, any prostitute. 1917F, 903. Punishing male person under statute mak- ing it a crime for any person to resort to house of ill fame for purpose of prostitution. 1916D, 767. Power of Congress over commerce as justi- fying White Slave Act. 1915A, 862: Validity of White Slave Traffic Act when construed as applicable to transporta- tion unaccompanied by expectation of pecuniary gain. 1917F, 502. What constitutes violation of Federal White Slave Act. 1915A, 862; 1917E, 1135; 1917F, 502. Jurisdiction of prosecution under Federal White Slave Act. 1915A, 862. Woman transported in violation of Federal WTiite Slave Act as party to the offense. 1915D, 281. Evidence of other crimes in prosecution under White Slave Act. 1915A, 862. Sufficiency of proof in prosecution under White Slave Act. 1915A, 862. Reversible error in refusal of instructions in prosecution under White Slave Traffic Act. 1917F, 502. PROVOCATION. For assault, see ASSAULT AND BATTEBY. For homicide. 1915A, 533; 1916C, 581. Mitigation of damages for. 1916E, 779. PROTEST. Of note, see BILLS AND NOTES. PROVABLE CLAIM. In bankruptcy, see BANKRUPTCY. PROVISIONS. Claim for provisions to feed contractor's employees, as within protection of his bond. " 1917A, 336. PROXIMATE CAUSE. In general. Of loss by fire or wind. Of injury or loss by explosion. Of injnry by -water. Of loss or injnry by carrier or rail* road company. Of injnry on defective highway or bridge. Of injnry to servant. Of injnry by falling object or build- ing. Of damage by fright. In general. Annotations. Liability for injuries by automobile set in motion by stranger. 1917D, S67. Proximate cause of injury where one person is pushed against another. 1917J3, 275. , General rule as to. 1917F, 749. Review on appeal of conclusion as to. 1915E, 959. Sufficiency of evidence to sustain finding as to. 1916D, 447. As question for jury. 1917E, 250. Concurring negligence of two persons. 191 7 A, 543. Of injury where automobile left on incline with brakes set is released by a stran- ger. 1917D, 864. Of injury to passenger alighting from street car by pushing against him of another passenger hit by passing automobile. 1917E, 272. Of injury by falling into elevator shaft. 1915B, 364. Failure to pay check as proximate cause of arrest of drawer on charge of issuing check with intent to defraud. 1916A, 1220. Liability of telegraph company disclosing contents of message where no damage would have resulted but for plaintiff's own wrongful acts. 1915C, 487. Of loss by fire or wind. Of insured property, see INSURANCE. Injury to adjoining property by material blown from top of building by wind. 1915F, 835. Cutting of electric light wires during fire as proximate cause of loss of property. 1916D, 447. Proximate cause of injury received in fight- ing fire. 1915E, 991. PROXIMATE CAUSE PUBLIC. 349 Of injury or loss by explosion. , Annotation. fjnlaivful or negligent storage of ex- plosives as proximate cause of in- juries from explosion caused by fire. 1917F, 624. As question for jury. 1916A, 1224. Injury to children by explosion of ex- plosives left accessible to them. 1915E, 479; 1917B, 1058. Negligent storage of dynamite in building as proximate cause of death of fireman. 1917F, 621. Explosion as proximate cause of loss in- sured against. 1917C, 487. Of injury, by water. Flooding under right of eminent domain of land sold on foreclosure as proximate cause of the loss of the land to the mortgagor, who was unable to redeem it because he could not borrow money on it in its flooded condition. 1917F, 790. Of loss or injury by carrier or rail- road company. As question for jury. 1915A, 363. Of injury to passenger who, to avoid delay, leaves stalled car and attempts to walk to destination. 1917F, 353. Expulsion of sick passenger as proximate cause of his being killed by another car. 1915C, 134. Of injury to passenger carried beyond sta- tion. 1917A, 1017; 1917B, 706. Starting of street car before passenger reaches seat, as proximate cause of in- jury. 1915A, 797. Of injury by street car. 1915B, 1111. Of injury at railroad crossing. 1916E, 555; 1917A, 543. Cf injury on defective highway or bridge. Failure to light bridge. 1917C, 203. Of injury to servant. Annotation. Proof of proximate cause of injury be- fore rule res ipsa loquitur can be invoked. 1917E, 35, 197, 2O9, 232, 24:0. Effect of failure to allege that illegal em- ployment of child was proximate cause of injury to him. 1915F, 803. Continuing disability of injured workman due to refusal to submit to medical treatment as proximate result of acci- dent. 1916E, 105. Aggravation by boxing match of wound re- ceived in course of employment as proximate cause of permanent injury to hand. 1916A, 14. Of death from delirium tremens caused by shock of accident. 1916F, 955. Injury to servant as proximate cause of his subsequent death from typhoid fever. 1915F, 1144. Failure to establish proper rules as proxi- mate cause of injury to engineer. 1915C, 33. Injury to servant by electricity. 1916D, 1064. Injury to servant by explosion of a missed charge of dynamite in stone quarry. 1916D, 311. Failure of doorman to fasten door of freight house through which intruder enters and shoots a night watchman, as proxi- mate cause of the injury. 1917F, 749. Leaving top of box car insecurely fastened as proximate cause of injury to em- ployee by top being blown off by wind. 1917E, 215. Of injury by falling object or build- ing. Falling of stone from wall as proximate cause of injury to child playing upon railroad ties. 1915C, 710. Of damage by fright. Negligently setting fire to pasture as proximate cause of injury to cattle frightened by the fire. 1917C, 983. Fact that person was frightened by fire and induced thereby to fight against it, as proximate cause of injury sustained in fighting fire. 1915E, 991. Fright of horse by paper in street. 1915D, 617. PSYCHIC HEALERS. Annotation. Application to, of statutes regulating the practice of medicine. 1917C, 827. PTOMAINE POISONING. See BLOOD POISONING. PUBLIC. Adverse possession againsly see ADVEESE POSSESSION. Annotation. Right of public to benefit of discover- ies, inventions, devices, data, etc., made or prepared by officer or em- ployee. 1917B, 1183. Free service to, by public service corpora- tion. 1917B, '908. 350 PUBLICATION PUBLIC IMPROVEMENTS. PUBLICATION. As contempt of court, see CONTEMPT. Of libel or slander, see LIBEL AND SLANDER. Of ordinance, see MUNICIPAL CORPORATIONS. Service by, see WRTT AND PROCESS. Annotation. Right to an injunction against a non- lilK-lnnx publication affecting per- sonal or political rights. 19 17 A, 163. Injunction against. 1917A, 160. Of notice on mortgage foreclosure. 1915B, 640. By Secretary of State of appointment of judges to hold additional terms of court. 1915B, 103. PUBLIC BUILDINGS. Liability of city for injury in, see MUNIC- IPAL CORPORATIONS. State public building bonds. 1917B, 294. One accepting public invitation to attend exercises in, as a trespasser. 1917E, 685. Validity of contract as to location of. 19i6D, 722; 1916F, 873. PUBLIC CHARITIES. See CHARITIES. PUBLIC CONTRACTS. In general, see CONTRACTS. Municipal contracts generally, see MUNICI- PAL CORPORATIONS. PUBLIC CORPORATIONS. See also COUNTIES; MUNICIPAL CORPORA- TIONS ; SCHOOLS ; TOWNS. Effect of tender of amount due on right to discontinue service for delay in pay- ing bills. 1917C, 374. PUBLIC GROUNDS. Municipal liability for injury on, see MUNICIPAL CORPORATIONS. PUBLIC IMPROVEMENTS. In general; authority for. Contracts. Assessi-ents. in general. nature of improvement. property snbject to. procedure. rnles of apportionment. enforcement. In general; authority for. Constitutionality of regulations as to, see CONSTITUTIONAL LAW. Matters peculiar to drains and sewers, see DRAINS AND SEWERS. Annotation. Obligation incurred lor local improve- ments as a debt urlthin the mean- ing of debt limit prnri; /oji.s. 1917E, 443. Cost -of constructing and maintaining bridge. 1915D, 249; 1915E, 687; 1916F, 508. Power of common council to enforce bond for maintenance of street improvement or to compromise suit brought for that purpose. 1917F, 535. Right of contractor to remove pavement for which he haa not bean paid. 1915B, 173. Improvements by abutting owners. 191 7A, 472. Contracts. Bid for contract, see CONTRACTS. Pleading in action on improvement contract. 1916E, 1175. Bond or certified check given by bidder for public work as security for execution of contract as liquidated damages. 191 7F, 370. Power of municipality to contract for con- struction of sewer. 1915A, 982. Ratification of contract by municipality. 1915A, 982. Estoppel to set up invalidity of contract. J915A, 982; 1917A, 436. Letting to lowest bidder. 1915F, 854; 1916B, 1027. Provision in contract for "repairs. 1915F, 854. Right of contractor for street pavement to remove it on refusal of city to pay therefor. 1915B, 173. Effect of judgment in plaintiff's favor in suit against city to enjoin collection of assessment because contract was not properly made, to defeat action by con- tractor against city for value of work. 1915A, 982. Assessments. in general. For drains and SEWERS. sewers, eee DRAINS AND Validity of agreement by property owner to waive statutory limitation of assess- ments and secure waivers from others. 1917F, 403. PUBLIC IMPROVEMENTS PUBLIC MONEYS. 351 Effect of trespass in making improvement on validity of assessment. 1915D, 772. Writ of review to review facts upon which assessment is based. 1915D, 772. Parol proof that purchaser of property agreed to pay street improvement as- sessments. 1916E, 217. Local or special law as to. 1917E, 456. Rule as to uniformity. 3917E, 456. Partial invalidity of statute as to. 1917F, 999. nature of improvement, Annotation. Street lighting as a local improvement assessable against property bene- fited. 1917A, 1098. Sprinkling of streets. 1917D, 365. Street lighting. 1917A, 1093. property subject to. Annotation. What property other than realty may lie assessed for the construction and maintenance of levees. 1917F, 1OO3. Due process of law as to. 191 5 A, 129. Partial invalidity of statute as to. 1917F, 999. Effect of conveying narrow strip along street with reservation of right of egress and ingress. 1916B, 1027. Assessment of personal property for cost of levee. 1917F, 999. School property. 1916F, 861. Railroad right of way. 1915A, 129. .: (J procedure. Fact that section of street to be improved contains a wooden viaduct which will require a fill, as making portions of the improvements on either side of viaduct two improvements, requiring separate proceedings. 1917D, 772. Raising objections by review of -assessment without necessity of appeal. 1915D, 772. Waiver of objections. 1915D, 772. Certiorari to review reassessment of cost of improvement. 1915D, 772. Notice of assessments. 1917D, 365. Effect of judgment in plaintiff's favor in suit against city to enjoin collection of assessment because contract was not properly made, to defeat action by con- tractor aerainst city for value of work. 1915A, 982. rules of apportionment. Annotation. Assessments for improvements by the front foot rule. 1917D, 372. Local or special law as to. 1917E, 456. Inquiry by courts into wisdom of method of apportionment. 1917D, 365. Assessment by "front foot rule." 1917D, 365. Presumption that assessments were made in proportion to benefits. 1915D, 772. Right to assess against property benefited so much of cost of extending fill for street improvement onto adjoining property as is in excess of cost of prop- er retaining wall. 1915D, 772. enforcement. Enforcement against homestead of penalty for nonpayment of assessment at ma- turity. 1915E, 662. Defenses; counterclaim. 1916B, 1027. PUBLIC INSTITUTIONS. Power of municipality to contract to fur- nish water to, for fifty years at nomi- nal rate. 1916D, 991. PUBLIC LANDS. In general. Mines on, see MINES. Annotation. Necessity and sufftcisncy of acceptance of grant of right of way over pub- lic land for public highway. 19 17 A, 355. Acceptance of grant of right of way for highway over. 1917A, 350. Patentee of homestead as trustee fcr real owner. 1916C, 720. Relation of courts to land department. 1916A, 1116. Right to assert nullity of marriage in con- troversy between widow and heirs as to rights in homestead. 1916C, 720. Disposal through land department; entry. United States as necessary party in contest between entrymen on public land. 1916A, 1116. Discretion of Land Department to reject entries or to award lands to subsequent applicants. 1916A, 1116. Rights under entry. 1915B, 681; 1916F, 969. Right of hpirs of deceased entryman. 1915B, 681. PUBLIC MONEYS. In general. For what purposes it may be used. in general. prohibited gifts. diversion of fund. 352 PUBLIC MONEYS PUBLIC SERVICE COMMISSION. In general. Necessity of, and formalities in, appropria- tion of, generally, see APPROPRIATIONS. Assumpsit for, see ASSUMPSIT. Liability upon bond for loss of, or misfeas- ance as to, see BONDS. Annotation. Bight to preference in respect to pub- lic fund in bank which subsequent- ly becomes insolvent. 1917 A, 683. Loss of, by bank failure. 1915D, 481. Deposit of, as trust fund on bank's in- solvency. 1916C, 1; 1917A, 680. Action to prevent illegal expenditure of. 1915B, 569; 1915D, 178, 485; 1916A, 908; 1916C, 395; 1917 A, 495. For -what purposes it may be used. in general. Use of money of state for internal improve- ments, see INTEBNAL IMPROVEMENTS. For what purposes generally taxes may be levied, see TAXES. Annotations. Power of municipal corporation or governmental body to use public funds to promote the passage, or to secure the defeat, of a law. 1917B, 358. Expenses incurred by public officials or employees in attending conven- tions, etc., as a proper charge on public funds. 1917E, 332. Eight of county or municipality to use public funds to secure the reten- tion, or location, of a state institu- tion within its limits. 1917E, 845. Power of governmental body to use public funds to secure nullification of statute. 1917B, 354. Use of, to pay expenses of school authorities in attending congress on school hy- giene. 1917E, 3?1. Use of school money for employment of at- torneys to conduct litigation to require county superintendent to countersign warrants for teachers' salaries. 1916D, 90. Appropriation to guarantee payment of in- terest on farm loans. 1917A, '".">. For construction of tunnel by municipality with option to railroad company to purchase it. 1915B, 306. prohibited gifts. Application of Workmen's Compensation Act to public employees as a prohibited gift. 1916D, 628. Forbidding employment of aliens on public works as violation of provision against gift of public money. 1916D, 550. diversion of f nnd. What constitutes violation of constitu- tional provision that public money raised for educational purposes shall not be used in aid of any sectarian school. 1917D, 455. PUBLIC NUISANCE. See NUISANCES. PUBLIC OFFICERS. See OFFICERS. PUBLIC POLICY. As affecting contract, see CONTRACTS. Definition of. 1917D, 641. Invoking aid of equity to accomplish that which is in violation of. 1917B, 1269. Charitable bequest in violation of. 1917D, 1062. As forbidding garnishment of countv. 1916E, 1153. P.ight to recover in tort action where plain- tiff's wrongful acts must be shown to make out case. 1915C, 487. PUBLIC PROPERTY. Exemption of, from taxation, see TAXES. PUBLIC PURPOSE. Justifying exercise of right of eminent do- main, see EMINENT DOMAIN. Purpose for which public funds may be used, see PUBLIC MONEYS; TAXES. PUBLIC RIGHT. Who may bring action to protect, see PAR- TIES. PUBLIC SCHOOLS. See SCHOOLS. PUBLIC SERVICE COMMISSION. Validity of regulations by, as to carriers, generally, see CARRIERS. Annotation. Power of commission to compel pro- duction of papers and records for inspection. 1917F, 1202. Who may qi:estion validity of statute con- ferring powers on. 1915D, 458. Railroad commission act as special legis- lation. 1916E, 358. PUBLIC SERVICE COMMISSION PUBLIC WORK. 353 Conferring upon, power to regulate tele- phone rates. 1915C, 287. Effect of order from which a minority of members dissent. 1915E, 902. Presumption in support of order of. 1915D, 98; 1915E, 358. Sufficiency of evidence to show unlawfulness of award on condemnation of public utility. 1915F, 512. Right to resort to courts instead of com- mission to prevent water company from violating contract to furnish water. 1917E, 680. Order of, abrogating contract of consumer of water as to rates. 1917C, 574. Delegations to municipality of power to fix rates not subject to change by commis- sion. 1917C, 98. Impairment of contract obligations by stat- ute empowering commission to regulate rates. 1917C, 574. Power of Public Service Commission to change rate fixed by municipal ordi- nance or franchise. 1915C, 261, 287. Temporary injunction against enforcement of passenger rate by. 1915A, 1. Order of railroad commission fixing maxi- mum rates as ex post facto law. 1916E, 358. Jurisdiction of commission to require switch connection with private side track. 1916F, 1281. Right to require construction by a railroad company of a farm crossing. 1917D, 907. Power to require physical connection be- tween two or more telephone compa- nies. 1917E, 1080. Power to prescribe extra charge against sub- scriber to one telephone exchange for use of long distance connections of the other. 191.6E, 748. Regulation of, as to installation of, and pay- ment for, water meters. 191 5A, 320. Jurisdiction to determine ownership of irri- gation canal. 1915D, 1205. Power to require foreign public service cor- poration to produce its books and papers for inspection by patron contesting rea- sonableness of rates. 1917F, 1195. Review by courts of orders of. 1915D, 98; 1915E, 902. Certiorari to review order of. 1917B, 930. PUBLIC SERVICE CORPORA- TIONS. Use of streets or highways by, see HIGH- WAYS. Control of commission over, see PUBLIC SERVICE COMMISSIONS. Rates of, see RATES. See also CARRIERS ; GAS ; IRRIGATION ; RAIL- ROADS ; TELEGRAPHS ; T-LEPHONES ; WATERS. Annotations. Right of public service corporation to discontinue service ^fter tender of amount due. 1917C, 376. L.R.A. Tri. Index 1915-17. 23. Right to interfere with wires of public service corporation in moving building along street. 1917C, 774. Requiring connection or joint use of properties of, as a talking for 'which compensation must be made. 1917E, 1O83. Power of commission to compel pro- duction of papers or records for inspection. 1917F, 12O2. Right of corporation to challenge powers of rival. 1916B, 1083. Power of municipality to remit taxes on. 1917B, 908. Condemnation of public utility by munic- ipality. 1916F, 592. Who must pay tax on put lie utility con- demned by municipality during tax year but aftsr assessment day. 1910F, 592. Retroactive effect of statute forbidding re- bates or discriminations. 1917B, 908. Free service by, to public, as an invalid discrimination. 1917B, 908. Test of public service so as to bring rates within public regulation. 1915C, 282. Delegation to municipality of power to fix rates. 1915C, 261. Implied power of municipality to contract as to rates of. 1915C, 261. Reasonableness of ordinance fixing ra,tes. 1915C, 282. Fixing value of public utility for rate mak- ing purposes. 1916F, 756. Requiring corporation to enlarge its plant. 1916F, 756. Requiring public service corporation to pro- duce its books and papers for inspection by the attorneys and experts of patron. 1917F, 1195. Liability for injury by hastening or increas- ing flow of water. 1915E, 294. PUBLIC TRIAL. Necessity of. 1916E, 472. PUBLIC UTILITIES. See PUBLIC SERVICE CORPORATIONS. PUBLIC WATER SUPPLY. See WATERS. PUBLIC WORK. Forbidding employment of aliens on public work. 191 6D* 550. Validity of agreement to pay commission for obtaining contract from municipali- ty. 1915C, 823. 354 PUFFING QUOTATIONS. PUFFING. What constitutes. 1917C, 270. PULLMAN CARS. Sea SLEEPING AND PARLOR CARS. + * PUNISHMENT. For contempt, see CONTEMPT. For crime, see CRIMINAL LAW. PUNITIVE DAMAGES, See DAMAGES. PURCHASE MONEY. Lien for, see VENDOR AND PURCHASER. Lion on homestead for money loaned to re- tire purchase money notes. 1915E, 875. PURE FOOD LAWS. See FOOD. PURPOSE. Evidence as to. 1915A, 1078. Sufficiency of proof of. 1916A, 862. QUALIFICATIONS. Of grand juror, see GRAND JURY. Of judge, see JUDGES. Of teacher, see SCHOOLS. QUALITY. Warranty as to, see SALE. QUANTITY. Of land sold, see VENDOR AND PURCHASER. QUANTUM MERUIT. Annotation. Right to recover on, of attorney dis- charged without cause before com- pleting service or before expiration of time for ivliich he was employed. 1917F, 4O6. Objecting for first time on appeal to right to recover on quantum meruit. 1916E, 788. Recovery on, against municipality. 1915A, 904. Recovery on, for services rendered under void contract. 1916D, 892. Recovery on, against estate of incompetent for value of service rendered. 1917B, 676. Recovery on, for services performed by servant who undertook to serve master until latter's death, for compensation to be made by will, but who prede- ceased the master. 1917D, 809. 4 QUARRY. Blasting in, see BLASTING. / QUASHING. Of indictment, see INDICTMENT, ETC. Of alternative writ of mandamus. 1917F, 776. QUIA TIMET. See CLOUD ON TITLE. QUIETING TITLE. See CLOUD ON TITLE. QUILTS. Forbidding use of secondhand material In making. 1916C, 775. QUITCLAIM. Annotation. RigJit of purchaser of land subject to a mortgage to question the valid- it]! of the mortgage where convey- ance is by quitclaim deed. 1917C, 839. QUOTATIONS. Offer by quotation of p-ice. 1915D, 145; 1915F, 824. QUO WARRAXTO RAILROADS. 355 QUO WARRANTO. When, proper remedy. Right to remove one whose office has be- come vacant by acceptance of incom- patible office. 1917D, 210. Right to quo warranto against one who merely lays claim to an office but has never been admitted thereto. 1916D, 672. Procedure. Filing supplemental petition. 1916D, 672. RACE. As to horse race, see HOBSE RACE. RACE SEGREGATION. Annotation. Cumulative penalties for failure of car- rier to provide separate accommo- dations for white and colored pas- sengers. 1917B, 548. Segregation of white and colored pas- sengers. 1917B, 544. Ordinance prohibiting white and colored per- sons from residing in the same block. 1915D, 684. RADAMES. As infringement of trademark '"Rameses." 1917C, 1157. RADIOGRAPH. Admissibility in evidence. 1915F, 803. RAGS. Annotation, Keeping of, on 1917C, 278. insured premises. RAILINGS. Annotation, Sufficiency of barrier or railing main- tained in highway. 1917D, 756. At dangerous place in highway. 1915E, 597. 1060; 19T5F, 973; 1916C, 379; 1916F, 1216; 1917D, 754. RAILROAD COMMISSION. See PUBLIC SERVICE COMMISSIONS. RAILROAD RELIEF ASSOCIA- TION. Liability for injury to business of physician by act of employee in carrying into effect rules of relief association. 1916B, 835. Suit by member of, for accounting. 1916A, 1145. RAILROADS. In general; franchise and rights; leases; railroad aid. generally. license or lease. consolidation. Construction generally. Crossings. Fences. Operation. in general. injuries to persons on or near tracks; licensees; trespassers. accidents at crossings. speed. noises; frightening animals. injuries to animals by trains. fires. Contributory negligence. persons on or near track; li- censees; trespassers. at crossings. . injuries to minors. injuries to animals. as to fires. Diversion or obstruction of water. In general; franchise and rights; leas- es; railroad aid. generally. As carriers, see CARRIERS. Regulation of interstate business of, see COMMERCE. Matters in common with ether corporations, see CORPORATIONS. Condemnation of property for, see EMINENT DOMAIN. Consequential injuries from construction and operation of, see EMINENT DO- MAIN. Logging railroad, see LOGS AND LOGGING. Eights and duties as to employees, see MASTER AND SERVANT. Municipal regulation of use of streets by, see MUNICIPAL CORPORATIONS. Liability on theory of attractive nuisance for injury to child, see NEGLIGENCE. As to street railways, see STREET RAIL- WAY, j. 356 RAILROADS. Annotation. Constitutionality of statute imposing penalty or added liability for fail- ure of railroad to pay claim. 1917B, 926. Statute making one who purchases or re- ceives iron, brass or other material be- longing to railroad company without written consent of the company, guilty of a misdemeanor. 1917F, 706. Prohibiting person to act as conductor with- out having previously served as freight conductor or fireman. 1915D, 677. Contract to furnish free water supply to railroad company. 1917E, 680. Adverse possession of railroad right of way. . 191 6B, 653. Mechanics' lien on. 191 7C, 580. Breach of agreement by vendor to con- struct a railroad line through or near the land conveyed. 1917F, 744. Railroad track across property as breach of covenant against encumbrances. 1915D, 898. Estoppel to complain of construction of rail- road through land. 19] 6B, 653. Rights of entryman on public lands who has filed declaratory statement as against railroad company entering without con- demnation. 1916F, 960. Validity of unrecorded deed for right of way as against subsequent purchaser of servient land. 1916B, 653. Right of one requiring title to land after construction of railroad embankment, to maintain action for damages resulting therefrom. 1916E, 966, 977. Liability of receiver for injury resulting from defective culvert existing at time he took possession of road. 1916F, 1021. Maliciously setting railroad car in motion. 1915A, 817. Statute regulating form and construction of caboose cars. 1915D, 458. Construction of telegraph line over railroad right of way. 1916E, 572. Right to recover from levee district cost of reconstruction of railroad bridge and approaches made necessary by building of levee. 1916F, 1181. Garnishment of debt due to nonresident in- terstate railroad company, as interfer- ence with interstate commerce. 1915F, 880. Lew on cars of foreign railroad company. "1915D, 838. Construction of tunnel by municipality with option to railroad company to purchase it. 1915B, 306. Taxation of tangible property of. 1916B, 1225. Assessment of railroad right of way for local improvements. 1915A, 129. Separate taxation of elevators, lumber yards and oil tank stations on railroad right of way. 1916E, 404. Right of railroad to bridge a public navi- gable water as a special franchise with- in meaning of tax statute. 1916B, 1222. Speculative contract between realty com- pany and individual for laying out of town sites at points where stations will be located. 1915B, 925. Validity of contract as to location of rail- road station. 1916F, 687. Damages for breach of contract to locate railroad station at certain place. 1916F, 687. Venue of action for breach of contract to locate railroad station at certain place. 1916F, 687. Sale of railroad property by receiver. 1915A, 699. Liability for injury to child by smoldering fire maintained in rubbish dump. 1917F, 1033. Liability for injury due to defective high- way or sidewalk. 1917B, 1245. Evidence in action for injury on railroad platform. 1916A, 510. Negligence as to wall adjoining public high- way. 1915C, 710. Liability of electrical company for sweep- ing trespasser off top of railroad car by low wire. 1917B, 1291. license or lease. Right to grant permit to manufacturing company to run motor car over tracks. 1915E, 1170. Revocation of license to use tracks. 1917D, 344. Liability for leased road. 1916D, 514; 1917A, 536; 1917D, 344. Liability of carrier for injury to its own passengers by negligence of those oper- ating train of other company over its tracks. 1915F, 992. Contract by railroad permitting other com- pany to run car upon its tracks for exemption from liability for injury to operatives of car. 1915E, 1170. consolidation. As violation of anti-trust laws, see MONOP- OLY AND COMBINATION. Right of individual to raise question of violation of provision against consolida- tion of railroads. 1915B, 547. Construction generally. Consequential injuries from construction and operation of, see EMINENT DOMAIN. Use and obstruction of highway by, see HIGHWAYS. Annotation. Duty of railroad company in respect to a restored or substituted highway. 1917C, 971. Ejectment to recover land wrongfully taken for railroad tracks. 1916B, 653. Construction of railroad through manufac- turing plant; opinion evidence as to damage. 1916A, 1079. Duty of railroad company to enlarge span of bridge to accommodate water turned into stream. 1915B, 486. RAILROADS. 357 Liability of railroad for injury to access of abutting owner by change of grade. 1916C, 433; 1916D, 1074. Interference with view by raising grade of track. 1917C, 1131. Liability for injury to person on railroad track by spike protruding from cross tie. 1916E, 458. Crossings. Annotations. Lands for benefit of which statute re* quires construction of private crossing. 1917D, 9O9. Contributory negligence of child in- jured on defective crossing. 1917F, 153. Highway crossings. 1915B, 766, 822; 191 5E, 751; 1917A, 543; 1917F, 485. Abolition of grade crossings. 1917C, 1131, 1174. Private or farm crossing. 1916F, 1294; 1917D, 907. Crossing of steam road by street railway, 1915D, 843. Right to carry electric wires over railroad at street crossing. 1915B. 822. Fences. Annotation. Duty of lessee or licensee as to railroad fences. 1917 A, 539. Duty of railroad to fence track for protec- tion of employees. 1916E, 204. Duty of receiver of company operating trains over other road as to fences. 1917A, 536. Liability for injury by stock to land which it reaches because of railroad's failure to fence tracks. 1916E, 446. Operation. in general. Effect of lease or operating contract on lia- bility, see supra. Duty to operate road and to run trains and stop at stations, see CABRIEES. Consequential injury from construction and operation of, see EMIXENT DOMAIN. Irijury to employees, see MASTER AND SERV- ANT. .Annotations. Violation by servant of rule adopted by railicay company as evidence of negligence toward one otlier than servant. 1917C, 793. Criminal homicide in operation of. 1917C, 536. Liability to abutting owner for noise not amounting to a nuisance. 1917C, 346. Effect of reversal on appeal by railroad com- pany, of judgment against company and in favor of crew of train which inflicted injury. 1917D, 666. Violation of rules as evidence of negligence. 1917C, 784. Homicide in operation of train. 1917C, 533. Criminal liability of railroad company for obstructing street crossing. 1915B, 329. Liability for loss of mail. 1915A, 374. Variance between pleading and proof in ac- tion for injury. 1915F, 866. Injury to shipper of stock on railroad track. 1915F, 866. injuries to persons on or near tracks; licensees; trespassers. Contributory negligence, see infra. Annotations. Liability of railroad company for per- sonal injuries by objects thrown from moving train. 1917B, 916. Liability for injury to person near track in consequence of suction from passing trains. 1917B, 1163. Weight of opinioit evidence in action for in- jury. 1916F, 561. Question for jury as to whether person in- jured was a licensee. 1916C, 1029. Implied invitation to go upon railroad premises. 1915B, 827. Duty to person crossing yards and tracks along well-defined pathway used by pub- lic for many years. 1917D, 666. Injury to shipper of stock while fastening door of car. 1915F, 866. Injury by spike hurled through air by train. 1915D, 278. Degree of care required toward licensees 1916C, 1029; 1916D, 702. Injury to licensee in making flving switch, 3916C, 1029. Injury to licensee drawn under train by suction. 1917B, 1161. Duty after discovery. 1915C, 843; 1916F, 561. Injury to children jumping on and off trains. 1917C, 1066. Gross negligence. 1916C, 1029; 1917D, 666. Signals. 1917D, 666. Absence of headlight. 1916D, 702. accidents at crossings. Speed at crossing, see infra. Contributory negligence at crossing, see infra. Annotation. Liability of railroad company for act of employee in inviting pedestrians to cross train obstructing highway. 1917E, S23. Failure to procure license as affecting lia- bility for injury to automobile at rail- road* crossing. *1916E, 1222. Obstruction of street crossing by train. 1915E, 336; 1916B, 1079. Duty of company to comply with common law requirements for safety of persons.' 1917F, 1. 358 RAILROADS. Presumption and burden of proof as to negligence. 1917C, 978; 1917E, 819. Proximate cause of injury. 1915A, 363; 1II15E, 336, 555; 191GB, 1079; 1917A, 543. Duty to provide gates and lights or cross- ing tenders. 1915A, 363. Act of crossing tender contributing to in- jury as beyond scope of authority. 1917E, 819.' Sufficiency of verdict as to negligence of railway company in case of injury at crossing. 1917D, 549. Lights on train passing over crossing. 1917C, 784. Lookouts; signals. 1915D, 962; 1916D, 783. Injury because of defective electric bell maintained at crossing. 1917C, 978. Crossing of other railroads. 1915F, 8. speed. Annotation. Right to limit speed of interstate or mail train. 1917F, 1187. State regulation of speed of trains on ap- proaching crossing as interference with interstate commerce. 1917F, 1184. Running at greater speed than that fixed by ordinance; killing of intoxicated per- son. 1916B, 981. Mere fact of excessive speed as conclusive evidence of negligence. 1917F, 118. Duty to moderate speed in passing licensee near track to prevent his being drawn under train. 1917B, 1161. . noises; frightening animals. Annotation. Liability of railroad company for frightening horse on highway 1>y flagman or warning device at cross- ing. 1917C, 982. Fright of horse by defective electric signal. 1917C, 978. injuries to animals by trains. Contributory negligence, see infra. Injury to animals on tracks of interurban railroad, see INTERURBAX RAILWAYS. Annotation. Liability of company operating rail- road along highway for injury to lire stock. 1917E, 77O. Attorneys' fees as element of costs in action for injuring cattle. 1915B, 134. Presumption and burden of proof as to neg- ligence. 1915B, 163. Prejudicial error in instructions in action for injury. 1915F, 127. Question for jury as to negligence. 1915B 134. Liability of receivers of company operating trains over other road under license, foi live stock killed because* of lack o: fence. 1917A, 536. Failure to discover animals because of ob- struction of view by trees near track belonging to owner of cattle. 1916F, 127. Lack of proper fence. 1917A, 536. iondition of cattle guards. 1915B, 134. Failure to ring bell or sound whistle at time of accident. 1915B, 163. fires. Contributory negligence, see infra. Evidence in action for personal injury re- ceived in attempt to put out fire negli- gently set. 1915E, 991. Reversible error in action for. 1915E, 991. Contributory negligence. persons on or near track; licensees; trespassers. Injury to infants, see infra. Contributory negligence of employees, see MASTER AND SERVANT. Question for jury as to contributory negli- gence. 1915C, 843. Contributory negligence of person injured on private tramway. 1915F, 1125. Right to rely on custom as to movement of trains. 1916D, 702. Injury to bystander watching raising of de- railed locomotive. 1916F, 114. Stepping on track after passage of train without looking for a following one. 1915F, 1151. Drunkenness of person killed. 191 6B, 981. Licensees. 1915B, 827; 1915F, 1151; 1916D, 782. As to doctrine of last clear chance. 1915F, 1151. at crossings. Negligence of minors, see infra. Annotation. Right to rely on invitation of railroad employee to cross train obstructing highway. 1917E, 823. Prejudicial error in excluding evidence to show contributory negligence. 1915C, 813. Question for jury as to. 1915A, 761; 1916E, 816; 1917C, 784. Failure of one crossing track at point where it approaches through a cut on a curve to be warned of approach of train hy light thrown by headlight on object- on top of the bank along curve. 191 OK, 1222. Effect of failure of driver of public convey- ance to exercise the care which he owed to his passengers on liability of rail- road companv for injury to him. 1916E, 1222. Crossing track without making sure that no train is about to run into a freight car standing near the crossing. 1917 D. .">-!!>. Going outside limits of highway to cross tracks where train obstructs crossing. 1917E, S19. RAILROADS RATES. 359 Attempt to drive motorcycle across tracks in front of approaching train. 1917E, 1124. Obstruction to sight or hearing. 1916A, 842. Reliance on rule or signal. 1916D, 783. Effect of raised gates. 1916E, 816. Failure to stop, look, or listen, generally. 1915A, 761; 1916E, 455; 1917D, 549. Imputing negligence of driver to passenger. 1915A, 761. Doctrine of last clear chance. 1916E, 555; 1917E, 1124; 1917F, 1. injuries to minors. Annotation. Contribiitory negligence of children on or about railroad tracks. 1917F, 111, 123. Right to bar action by child injured at cross- ing on ground of contributory negli- gence. 1917F, 1. Effect of passing of passenger train which diverted attention of boy from train on parallel track. 1917F, 118. Negligence of minor riding with another in failing to take precautions for his own safety. 1915E, 225; 1915F, 11. What constitutes gross negligence permit- ting recovery notwithstanding his con- tributory negligence. 1917F, 118. injuries to animals. Sufficiency of proof of absence of contribu- tory negligence. 1916F, 127. as to fires. Negligence of owner of barn near track in leaving windows open next to track with combustible materials scattered about inside. 1916B, 1065. Diversion or obstruction of water. Burden of proof that storm occasioning flood was unprecedented. 1917A, 501. Relevancy of evidence in action for injury. 1917A, 501. Discretion as to admission of evidence in ac- tion for injury by. 1917A, 501. Sufficiency of evidence to disprove negli- gence. 1917A, 501. Measure of damages for injury. 1916E, 977. Instruction as to damages. 1917A, 501. Successive suits for injuries. '1916E, 962. Duty to provide sufficient passageway through embankment for water. 1917A, 501. Who must take measures to protect banks against erosion by water where railroad company has, by agreement with the adjoining landowner, turned the course of a stream. 1916F, 1294. 4 RAMESES. Aa trademark. 1917C, 1157. RAPE. Civil liability of bishop for rape by priest. 1915B, 825. Indictment for. 1916E, 472; 1917E, 668. Evidence of other crimes. 1915D, 236; 1916E, 472; 1917E, 668. Evidence of unchastity of prosecutrix. 1916B, 963. Sufficiency of proof of corpus delicti. 1916B, 745. Cross-examination of accused on prosecution for assault with intent to rape. 1915B, 131. New trial in prosecution for. 191 5C, 302. Right to public trial. 1916E, 472. Securing sexual intercourse by means of sham marriage. 1916F, 793. Effect of want of knowledge of mental ca- pacity on liability for intercourse with incompetent person. 1916F, 735. Impotency because of senility as defense. 1915B, 131. Defense of former jeopardy. 1915A, 256; 1917A, 661. RATES. Of carriers, see CARRIERS. Constitutionality of regulation of, see CON- STITUTIONAL LAW. For gas, see GAS. Of interest, see INTEREST. Telephone rates, see TELEPHONES. For waters, see WATERS. For use of toll road. 19] 7D, 333. For electric lights. 1916E, 358. Injunction against enforcing rates estab- lished by Commission. 1915A, 1; 1915C, 287. Review by court of rates prescribed by stat- ute. 1916B, 764. Certiorari to review order fixing. 1917B, 930. Jurisdiction of action to test validity of statute fixing rates. 1916B, 764. Test of public service so as to bring rates within public regulation. 1915C, 282. Power of legislature to regulate, in absence of clear and unmistakable delegation of the power. 1915C, 261. Power to regulate rates when the public has not the legal right to demand and re- ceive service. 19] 5C, 1189. Power of legislature or Commission to change rates fixed in municipal fran- chise or contract. 1915C, 261, 287, 358; 1917C, 98. Order fixing, as ex post facto law. 1916E, 358. Delegation to municipality of power as to. 1915C, 261, 287, 358; 1917C, 98, Denial of equal protection as to. 1915C, 282, 1189. Regulation of, as impairment of obligation of contract. 1915C, 261, 283, 287; 1915F, 732, 744; 1916E, 358; 1917C, 98, 574. 360 RATES REAL PROPERTY. Reasonableness of rates fixed. 1915C, 282; 1916E, 358; 1917F, 1195. Valuation of property and franchises of pub- lic service corporation for rate-making purposes. 1916F, 756; 1917B, 930. Retroactive effect of statute forbidding re- bates or discriminations. 1917B, 908. Free service by public service corporation to public as an invalid discrimination. 1917B, 908. Permitting public service corporations alone to apply to authorities for reduction of rates. 1915C, 282. Requiring enlargement of public service plant so that rates allowed will not give a fair rate on investment. 1916F, 756. Regulation of fire insurance rates. 1915C, 1189. Validity of by-law of benefit society chang- ing rates. 1916C, 1051 ; 1916F, 919. BATE SCHEDULE. Admissibility in evidence. 1917A, 197. RATIFICATION. Of illegal contract, see CONTRACTS. By corporation, see CORPORATIONS. Presumption and burden of proof as to, see EVIDENCE. Of agent's acts, see PRINCIPAL AND AGENT. Of contract with city. 1915A, 982. Of municipal indebtedness. 1915A, 1009; 1915D, 978. Of contract made while intoxicated. 1915B, 1121. By bank, of act of officer. 191 7F, 303. By principal of acts of stockbroker. 1917C, 737. By executors of contract with agent by testator. 1915C, 601. Right of administrator to ratify order upon decedent's bank account which he had forged so as to absolve the bank from liability. 1915E, 840. RATS. Ordinance requiring rat proofing of all buildings in city. 1916A, 1228. RAT TRAPS. . Claim for, as within protection of contract- or's bond. 1917A, 336. READING. Of bill before passage. 1915 A, 1210. REAL ESTATE BROKERS. See BROKERS. REAL PROPERTY. Adverse possession of, see ADVERSE POSSES- SION. Oral contracts as to, see CONTRACTS. Interests of cotenants, see COTENANCY. Covenants and conditions as to, see COVE- NANTS AND CONDITIONS. Estate by curtesy, see CORTESY. Measure of damages for breach of contract as to, see DAMAGES. Measure of damages for injuries to, see DAMAGES. Dedication of, see DEDICATION. Deeds of, see DEEDS. Easements in, see EASEMENTS. Estoppel as to, see ESTOPPEL. As to fixtures, see FIXTURES. Rights of husband and wife in, see HUS- BAND AND WIFE. Injunction against injury to, see INJUNC- TION. Matters as to landlord and tenant, see LAND- LORD AND TENANT. Laches as bar to action respecting, see LIMITATION OF ACTIONS. When Statute of Limitations begins to run against action respecting, see LIMITA- TION OF ACTIONS. When suit respecting, is barred by limita- tions, see LIMITATION OF ACTIONS. Mortgage on, see MORTGAGE. Partition of, see PARTITION. Suspension of alienation of, see PERPETUI- TIES. As to public lands, see PUBLIC LANDS. Records of title, see RECORDS AND RECORD- ING LAWS. Specific performance of contracts as to, see SPECIFIC PERFORMANCE. Taxation of, see TAXES. As to timber on, see TIMBER. Rights, duties and liabilities on transfer of, see VENDOR AND PURCHASER. Defects in title to, see VENDOR AND PUR- CHASER. Charge upon, by will, see WILLS. Conversion into personalty by will, see WILLS. Devise of, se,e WILLS. Annotation*. Effect of devise- or bequest of store, shop, or business to carry realty upon tcliich the business is con- ducted. 1917D, 439. Liability, in absence of negligence, fot damages to land or buildings from substances throicn in blasting. 1917A, 1016. Purchase or improvement of, as a fam- ily e.rpcn-sc or necessary/ u'itliin statute rendering u-ife or her prop- erty liable therefor. 1917F, 862. REAL PROPERTY RECEIVERS. 361 Collusiveness of judgment affecting. 1917A, 685. Venue of action relating to. 1915F, 1029; 1916F, 687. Duress of real property. 1915B, 498. Evidence as to value of. 1916E, 420; 1916F, 756. Injunction against sale of, on execution. 1915F, 1120. Devise by nuncupation. 1916E, 1130. Proximate cause of injury to. 1915F, 835. Question for jury as to negligence causing injury to. 1915F, 835. Injury to, by blasting. 1915E, 356. REASONABLE DOUBT. Instruction on. 1917C, 52. REASONABLENESS. Of municipal ordinance, see MUNICIPAL COB- POEATIONS. Question for jury as to, see TRIAL. Annotation. Of inspection fee. 1917D, 749. Of condition in insurance contract against liability for death resulting from vio- lation of law. 1917C, 195. Of rule of employer. 1916E, 927. REASSESSMENT. Of cost of public improvement. 1915D, 772. REBATES. By carriers, see CARBIEKS. Retroactive effect of statute as to. 1917B, 908. Statute forbidding the giving or accepting .of a rebate on a sale of anti-hog-cholera serum. 1916F, 136. REBUTTAL. Evidence in, see EVIDENCE. RECALL. See INITIATIVE, REFERENDUM, AND RECALL. *--* RECANTATION. Recantation by state's witnesses as ground for new trial. 1916F, 1044. RECEIPT. As to warehouse receipts, see WAREHOUSE- MEN. Parol evidence concerning. 1917E, 1060. Estoppel by receipt given to secure sur- render of attached property by officer. 1916F, 939. Effect of Interstate Commerce Act on car- rier's duty to give receipt for interstate 1915B, 450. RECEIVERS. In general. Appointment; removal. Powers, liabilities, property, and con- trol. Claims against; priorities. Actions and remedies. Expense of receivership. Foreign and ancillary receivers. Sales by receiver; rights of purchaser. In general. Application to railroad company in pos- session of receivers of statute requiring maintenance of union stations. 19151), 98. Appointment; removal. Annotations. Power to appoint receiver for foreign corporation for which no domicil- iary receiver has been appointed. 1917D, 295. Appointment of receiver for dissolved corporation.' 1917D, 1O35. Interest during receivership on claims accruing prior to appointment of receiver. 1917D, 1157. Right of stockholder to sue for appoint- ment of receiver on account of transactions occurring prior to his acquisition of stock,. 1917F, 7O4. Jurisdiction to appoint. 1916B, 1182 ; 1917D, 291, 1032. Ex parte appointment. 1915A, 606. Effect of appointment of receiver to revive right of action. 1916F, 709. Effect of appointment of receiver for insol- vent corporation to stop running of in- terest on company's mortgage bonds in favor of unsecured creditors. 1917D, 1152. Appointment of receiver for lessee as breach of covenant against assignment of lease. 1915B, 998. Appointment of receiver for solvent cor- poration. 1915A, 606; 1917E, 784. 362 RECEIVERS RECOGNITION.- Appointment of receiver for corporation on application of minority stockholders. 1915A, 606; 1917F, 700. Powers, liabilities, property, and con- trol. Annotation. Right of receiver in behalf of general creditors to complain of failure to record contract of conditional sale. 1911C, 442. Exclusiveness of control of court appointing receiver over assets in his hands. 1915F, 1219. Election of remedy by one dealing with re- ceiver acting without authority as against successor legally appointed. 1916C, 516. Necessity that receivers taking possession of property purchased by persons who as- sumed without authority to act as re- ceivers pay the contract price therefor. 1916C, 516. Right of one selling equipment to receiver acting without authority to repudiate contract for invalidity upon legal ap- pointment of receiver. 1916C, 516. Liability of receiver for nuisance existing at time he takes possession. 1916F, 1018, 1021. Liability for negligence. 1917A, 536. Claims against; priorities. Claim for taxes. 1915E, 211. Priority. 1915E, 211. Actions and remedies. Mandamus to receiver. 1915D, 98. Effect of appointment of receiver to revive right of action. 1916F, 709. Service of process on receiver of foreign cor- poration. 1916F, 359. Venue of action by receiver of insolvent com- pany to enforce statutory liability of stockholders. 1916D, 1129. Jurisdiction of equity of action by receiver. 1917A, 971. Right to maintain action to enforce stock- holders' liability. 1915B, 797. Right of receiver to 'maintain action against heirs of deceased bank director to re- cover for losses caused by his misman- agement. 1917A, 071. Leave of court. 1915B, 998; 1915D, 98. Right of receiver to appeal without permisi sion of court. 1915D, 802. Necessity of leave of banking commissioner to sue a receiver of an insolvent bank. 1917D, 1002. Necessary parties defendant in action against receiver. 1917D, 1002. Expenses of receivership. Attorney's fees as cost of receivership. 1915A, 606; 1915F, 1219. Jurisdiction of court other than that ap- pointing receiver to allow attorney's fee. 1915F, 1219. Foreign and ancillary receivers. Annotation. Power to appoint receiver for foreign corporation for which no domicil- iary receiver had been appointed. 1917D, 295. Sales by receiver; rights of purchaser. Annotation. Right of purchaser at a receiver's sale of land subject to a mortgage to question the validity of the mort- gage. 19 nC, 839. Finality of judgment in suit to relieve de- cree directing sale of certain provisions. 1915A, 699. Extent of review on appeal from judgment refusing to modify prior decree direct- ing sale. 1915A, 699. Modification of decree directing receiver to sell property. 191 5 A, 699. Duty of court in directing sale of railroad property by receiver, to require him to stipulate for observance of a contract between the road and a municipality which subscribed to its stock. 1915A, RECEIVING STOLEN PROPERTY. Annotation. Constitutionality of statute malting the receiving of certain kinds of prop- erty a criminal offense. 1917F, 7O9. Indictment for. 1915B, 83. Statute making one who purchases or re- ceives material belonging to railroad company without written consent of the company, guilty of a misdemeanor. 1917F, 706. RECITALS. In municipal bonds, see BONDS. Estoppel by recitals in deed. 1915A, 200. Estoppel by recitals in redelivery bond. 1915A, 1132. RECOGNITION. Annotation. Of Mexican government, effect on liti- gation arising out of Mexican revo- lution. 1917A, 28O. Of foreign government; conclusive on courts of declaration of department of state as to. 1917A, 276. Of illegitimate child by father. 1916E, 654. RECOGNIZANCE RECORDS AND RECORDING LAW. 363 RECOGNIZANCE. On appeal, see APPEAL AND ERROR. As to bail, see BAIL AND RECOGNIZANCE. RECOMMENDATION. Liability of one recommending another for credit. 1915A, 100; 1916E, 362. RECORDER'S COURT. Jurisdiction of appeal to test jurisdiction of. 1916A, 1228. ' RECORDS AND RECORDING LAW. In general. Judicial records. Records of title. in general; what may be re- corded. requisites and sufficiency of rec- ord. necessity of recording; effect of failure; reliance upon records. as 'not ice: effect of recording. In general. Liability for defective search of, see AB- STRACTS. Recording of chattel mortgage, see CHATTEL MORTGAGE. Estoppel by record, see ESTOPPEL. Parol evidence as to records, see EVIDENCE. Annotations. Effect of insertion of unauthorized pro- visions in recorder's bond. 1917B, 995. Requiring registration of cattle be- longing to persons selling milk. 1917C, 253. Right to have record of arrest canceled. 1917E, 777. TF/io may take advantage of failure to file assignment of a building con- tract or of the money due there- under. 1917F, 1127. Right of innocent person arrested through mistake to have the record of the ar- rest canceled or destroyed. 1917E, 774. Right of officer who has prepared an index of public records at his own expense to remove it at expiration of term. 1917B, 1179. Failure of corporation to file organization papers as required by statute. 3916C, 189. Recording of assumed name under which business is transacted. 1915D, 981, 987. Filing of designations of additional terms of court. 1915B, 103. Discrimination in taxation between ordinary credits and those secured by instru- ments of record. 1915A, 185. Judicial records. Record on appeal, see APPEAL AND ERROB. Records as evidence generally, see EVIDENCE. Of judgment, see JUDGMENT. Judicial notice of judicial records. 1915D, 817; 1916A, 711. Parol evidence to show alteration of. 1916D, 820. Records of title. in general; what may be recorded. Filing of chattel mortgage, see CHATTEL MORTGAGE. Recording of conditional sale, see SALE. Annotations. Right of assignee or receiver in behalf of general creditors to complain of failure to record contract of con- ditional sale. 1917C, 442. What is "personal property" u'itliin registration laws. 1917C, 629. Who bound by judgment in proceeding to register land title. 1916D, 4, 7. Collateral attack on judgment in proceeding to register title. 1916D, 1, 4. Registration tax on privilege of recording real estate mortgage. 1916E, 602. Statute as to recording notice of redemption from mortgage. 1915D, 349. Recording conditional sale. 1917C, 440. Exemption from payment of recording fee of farm loan mortgages. 1917A, 495. Right to register title gained by prescrip- tion. 1916D, 3. requisites and sufficiency of record. Description of land in record of mortgage. 1916A, 525. necessity of recording; effect of failure; reliance upon records. Of chattel mortgage, see CHATTEL MORTGAGE. Unrecorded deed as color of title. 1915B, 1006. Estoppel of one failing to place land con- tract on record. 1916B, 1063. As against creditors and subsequent pur- chasers. 1916B, 653; 1916D, 4; 1917C, 883; 1917F, 1123. Reliance upon record. 1916B, 1063; 1916D, 4. as notice; effect of recording. Notice by possession or servitude, see NO- TICE. Effect of recording deed to make it effective as to all grantees benefited by it who did not dissent. 3915A, 671. 364 RECOUPMENT REIMBURSEMENT. RECOUPMENT. See SET-OFF AND COUNTERCLAIM. RECOURSE. Indorsement without, on note, see BILLS AND NOTES. REDEMPTION. From foreclosure sale, see MOBTGAGE. RED FLAG. Forbidding carrying of, in parade. 1915B, 706. REDUCTION. Of damages, see DAMAGES. RE-ENTRY. By landlord generally, see LANDLORD AND TENANT. As prerequisite to ejectment suit. 679. 1915A, RE-EXAMINATION. Of witness. 1916F, 1044. REFERENCE. Review of findings on appeal, generally, see APPEAL AND ERROR. Treating report of one designated as auditor as that of a master. 1916F, 528. Exceptions to rulings of law by master. 1916C, 218. Review on appeal of rulings on exceptions to a master's report not appealed from. 1917F, 755. REFERENDUM. See INITIATIVE, REFERENDUM AND RECALL. REFORMATION. Of instruments, see REFORMATION OF IN- STRUMENTS. Annotation. As affecting right to divorce on ground of drunkenness or use of drugs. 1917D, 364. REFORMATION OF INSTRU- MENTS. Of insurance policy, see INSURANCE. Annotation. Effect of the Statute of Frauds upon the poiver of equity to reform a contract. 1917A, 571. Jurisdiction to reform as against nonresi- dents. 1917B, 385. Power of equity to reform contract which does not comply with Statute of Frauds. 1917A, 563. Reformation of mortgage inadvertently exe- cuted instead of deed. 1917A, 6l>2. Reforming instrument by inserting omitted matter and decreeing its specific per- formance. 1917A, 602. Refusal of specific performance where de- scription of boundaries which failed to satisfy Statute of Frauds has been re- formed by parol evidence. 1917A, 596. For mistake. 1917A, 600, 602. REFRESHMENTS. Annotation. Applicability of Sunday laics to sale of. 1917C, 381. Sale of, on Sunday. 1917C, 377. Grant to individual of exclusive right to operate refreshment stand in park. 1916D, 491. REFRIGERATING PLANT. As a fixture. 1916E, 615. REGISTRATION. Of instruments affecting land, see RECORDS AND RECORDING LAWS. REHEARING. On appeal, see APPEAL AND ERROR. Of judgment or decree, see JUDGMENT. REIMBURSEMENT. Of personal representative, see EXECUTORS AM) ADMINISTRATORS. REIMBURSEMENT RELIGIOUS LIBERTY. 365 Of one ejected from real property for mort- gages paid. 1915F, 771. REINSTATEMENT. Of insured, see INSURANCE. RELATION. Of parties to commercial paper, parol evi- dence as to. 1917F, 1065. Evidence of relationship generally. 1915D, 215. RELATIVE. Insurable interests of. 1917C, 925. Statement in application for insurance as to health or cause of death of relatives of insured. 1917C, 858. Privilege of statement to relative. 1915A, 572. Evidence of relationship. 1915D, 215. Liability of relatives of pauper for hospital and medical care. 1915E, 844. RELATOR. In mandamus proceeding. 1917F, 215. RELEASE. In general. What included in; effect. Validity; setting aside. In general. Of expectancy, see EXPECTANCIES. Of one joint' debtor, see JOINT CREDITORS AND DEBTORS. From mortgage, see MORTGAGE. Of surety, see PRINCIPAL AND SURETY. Of one subscribing to fund for charitable object, see SUBSCRIPTIONS. Annotation. Of the right to a third person's serv- ices. 1917F, 842. Offer by attorney in behalf of client of al- leged release which he knows is not valid. 1917B, 378. Of guarantor. 1917D, 402. From subscription to stock. 1915D, 792; 1916B, 1114; 1917C, 890. Of consignor from liability for freight charges. 1917A, 663. Consideration for agreement to release prin- cipal of note. 1916C, 384. Effect of method by which amount received in consideration of release is arrived at. 1915E, 369. What included in; effect. Annotation. Release of one of two or more persona severally, but not jointly, liable for a tort, as affecting liability of oth- ers. 19 17 A, 273. Effect of settlement by insured with one responsible for loss to defeat insurer's right to subrogation. 1916A, 1280. Effect of settlement between injured em- ployee and his employer on right to recover for malpractice of physician employed by master. 1916D, 644. By porter on Pullman car of carrier's liabil- ity for injury. 1915D, 510. Release of claim for damages by injured person as defense to action for his death. 1915E, 1075. Of claim for death as defense to action therefor. 1917A, 270. Validity; setting aside. Cancelation of release as condition prec- edent to action at law to set aside release and recover damages. 1917E, 399. Review of discretion on appeal in action in- volving validity of release. 191 6D, 144. Burden of proof in suit to set aside. 1916B, 769. Sufficiency of proof of undue influence in security. 1915E, 1185. Estoppel by release. 1916E, 854. Sufficiency of consideration for. 191 6C, 384. Validity of contract as to release of claim for injuries. 1915E, 1170; 1917D, 641. Release given by ward to his guardian. 1916E, 854. Setting aside because of fraud. 1917E, 399. Setting aside, because of false representa- tions of physician honestly made. 1916D, 144. Mistake as ground for setting aside. 1916B, 769. RELEVANCY. Of evidence, see EVIDENCE. RELIANCE. On false representation, see FRAUD AND DE- CEIT. RELIGIOUS LIBERTY. See CONSTITUTIONAL LAW. 366 RELIGIOUS SOCIETIES REMEDY AT LAW. RELIGIOUS SOCIETIES. In general. Pastors; Ministers. Membership. Power of ecclesiastical tribunals. In general. Jurisdiction of courts over, see COUBTS. Exemption of, from taxation, see TAXES. I I/ notat inn. Injunction to prevent disturbance of religious worship. 1917D, 996. Forbidding operation of moving picture show within certain distance of church. 1916D, 95. Forbidding sale of liquors within certain distance of church. 1915E, 408. Forbidding location of garage near church. 1915D, 607. Mandamus to prevent holding of graduating exercises in church. 1916D, 399. Injunction against disturbance of religious worship. 1917D, 994. Extinguishment of easement created in favor of church lot by conversion of the church building into a business house. 1917A, 524. Who may enforce restrictive covenant in favor of church lot. 191 7A, 524. Presumptions as to consideration for note to church by member thereof. 1917C, 1005. Pastors; ministers. Annotations. Going to another state, county, or dis- trict to preach as effecting a change of domicil or residence. 1917 A, 294. Wliat trords uttered concerning clergy- men are actionable per se. 1917F, 551. Necessity of presence of clergyman at mar- riage. 1915E, 109; 1916F, 793. Publishing fact that charges against a min- ister were read and by unanimous vote sustained by a church conference and that the church had withdrawn fellow- ship from him. 1917F, 548. Injunction to prevent member from insult- ing or molesting pastor. 1917D, 994. Right of action for temporary exclusion of communicant from church building by minister. 1916D, 371. Liabilitv of clergyman for refusing the sac- raments. 1916D, 371. Liability of bishop for acts of priest. 1915B, 825. Membership. Right of member to enforce his religious rights in civil courts. 1916D, 371. Right of action for temporary exclusion of communicant from church building by minister. 1916D, 371. Action against clergyman for refusing the sacraments to communicant. 1916D, 371. Injunction to prevent member from insult- ing or molesting pastor. 1917D, 994. Power of ecclesiastical tribunals. Conclusiveness of decisions of their tribu- nals, see COUBTS. RELIGIOUS TEACHING. In schools, see SCHOOLS. REMAINDERMEN. In general, see LIFE TENANTS. REMAINDERS. Adverse possession against, see ADVERSE POSSESSION. In real estate generally, see DEEDS; WILLS. Acceleration of. 1915A, 671. REMANDING. See APPEAL AND ERROR. REMEDIES. Conflict of laws as to, see CONFLICT OF LAWS. Constitutionality of regulations as to, see CONSTITUTIONAL LAW. In case of illegal contract, see CONTRACTS. Of party to ultra vires contract, see CORPO- RATIONS. Election of, see ELECTION OF REMEDIES. Of owners in eminent domain case, see EMI- NENT DOMAIN. For nuisance, see XUISANCES. Annotation. Right of action for fraud or deceit causing loss of remedy. 1917F, 712. Vested right in. 1916B, 1209. For breach of contract to furnish water. 1917D, 678. REMEDY AT LAW. Effect of, on equitable jurisdiction. 1916A, 965; 1916E, 718: 1917C, 75; 1917F, 744. Sufficiency of remedy at law to prevent i**ue of writ of prohibition. 1917F, 905. REMITTITUR REPLEVIN. REMITTITUR. | RENUNCIATION. On appeal. 1915E, 1141; 1916E, 420. I Of devise or legacy. 1915B, 1156. 367 REMOTE GRANTEES. Rights of, on covenant. 1916D, 611. REMOVAL. Of officer, see OFFICEBS. Of teacher, see SCHOOLS. REMOVAL OF CAUSES. In general. Transfer of cause between different state or territorial courts, see COURTS. Petitioning to remove cause to Federal court as a general appearance. 1917E, 1152. Right of. Imposing penalty on removal of action by foreign corporation. 1915F, 1187; 1916F, 122. RENDERING. Limiting right of rendering within city lim- its. 1915F, 1196. RENEWAL. Of lease by tenant. 1916E, 1227, 1235. Power of insurance agent to agree to renew policy on its expiration. 1916C, 779. RENT. Liability for, generally, see LANDLORD AND TENANT. Annotation. As a family expense or necessary ivithin statute rendering wife or Tier prop- erty liable therefor. 1917F, 862. Wife's liability for rent of family home. 1917F, 860. Husband's right to recover rents of wife's property. 191 5D, 996. Insurance against loss of. 1916F, 693. Claim for rental of machinery as within protection of contractor's bond. 1917B, 558. REPAIRS. Landlord's liability for personal injury re- sulting from failure to make, see LAND- LORD AND TENANT. Annotations. Duty of tenant to repair premises used in common. 1917C, 389. Effect of malting repairs to impose on landlord implied duty to keep the leased premises in repair. 1917F, 998. Provision for, in contract for public im- provement. 1915F, 854. Lien for, generally. 1915D, 1141, 1146, 1149. Mechanics' lien for repairs on leased prop- erty made at request of tenant. 1917D. 575. Implied duty of landlord as to. 1917D, 1149; 1917F, 997. Covenants as to, in lease. 1916F, 1063, 1149, 1155; 1917C, 387. Landlord's liability for injury from failure to make. 1915B, 324; 1916F, 1101, 1137, 1149, 1155. Injury to guest as result of negligent per- formance by landlord of his gratuitous undertaking to repair the leased prem- ises. 1916F, 1077. REPEAL. Of statute, see STATUTES. REPETITION. Evidence of repetition of slander to show malice. 1915C, 774; 1915E, 413. Of instructions. 191 5D, 644; 1915F, 1087; 1916D, 767; 1917C, 89. REPLEVIN. In general; right of action and re- covery. Procedure. in general. Proceedings for taking and redelivery of property. In general; right of action and recov- ery. Annotation*, Right of tenant or cropper to maintain replevin for crops. 1917C, 1114. 368 REPLEVIN RESERVATION. Replevin for property held under re- delivery bond given to secure re- lease of property from legal proc- ess. 1917D, 987. Evidence as to malice of defendant. 1915F, 664. Injunction against. 1917C, 75. Condition precedent. 1916B, 748; 1917A, 696. Plaintiff's title and possession. 1917C, 1111. Right of actual owner of property to main- tain replevin against one in posses- sion of the property under a rede- livery bond given in an action to which the real owner was not a party. 1917D, 984. To recover exempt property levied on. 1915D, 381. To recover gambling devices wrongfully seized. 1915A, 232. To secure possession of paid note. 1916E, 536. For undivided interest in printing plant 1916B, 1182. Procedure. in general. Annotations. Effect of insertion of unauthorized pro. visions in replevin bond. 1917B, 997, 1O16. Liability on replevin bond inhere suit is dismissed or discontinued or nonsuit suffered, unthout a judg- ment for the return of the property. 1917A, 1191. Replevin for property held under rede- livery bond given to secure release of property from legal process. 1917D, 987. Liability on bond. 1917A, 1188. Effect of filing of replevin bond in an at- tachment suit as an appearance. 1916F, 583. Right to prove amount of debt in mitigation of damages in action of replevin against chattel mortgagee who has converted property. 1915E, 192. Conclusiveness of judgment that state court has no jurisdiction of replevin action to take property from receiver in bank- ruptcy. 1916A, 634. Lack of specific valuation of each article in judgment for the return of the property or in the alternative for the payment of a certain sum. 1915E, 192. Prejudicial error in verdict and judgment. 1915A, 421. Proceedings for taking and redelivery of property. Estoppel of defendant to reclaim property. 1917A, 1188. REPLY. In general, see PLEADING REPRESENTATIONS. By insured, see INSURANCE. REPRIEVE. See CRIMINAL LAW. REPUBLICAN FORM OF GOVERN- MENT. Guaranty of, see CONSTITUTIONAL LAW. REPUGNANCY. In indictment, see INDICTMENT, ETC. Of provisions in accident insurance policy. 1917B, 319. REPUTATION. Evidence of, see EVIDENCE. REPUTED "WIFE. Insurable interest of, in supposed husband's life. 1917B, 375. Liability of man for necessaries furnished to. 1917B, 1288. RESCISSION. Of contract generally, see CONTRACTS. Of sale, see SALE. Of land contract, see VENDOR AND PUR- CHASER. Annotation. Power of corporation to rescind decla- ration of dividend. 1917B, 736. Of declaration of dividend on corporate stock. 1917B, 728. RESERVATION. In deed, see DEEDS. Annotation. < Validity of reservation in dedicating land for street. 1917C, 229. In dedication of land for street. 1917C, 225. RESERVOIRS RESTRAINT UPON ALIENATION. 369 RESERVOIRS. i ti notation. Contributory riegligence of child fall- ing into. 1917F, 1O9. Drowning of child in. 1915D, 850. RES GESTJE. See EVIDENCE. RESHIPMENT. Wrongful reshipment of goods by carrier cause of consignee's delay in removal. 1917D, 916. RESIDENCE. See DOMICIL. RESIGNATION. From office, see OFFICERS. Acceptance of resignation of employee. 1915D, 477. RES IPSA LOQUITUR. See EVIDENCE. RESISTING OFFICER. Killing of insured, while resisting arrest. 1917E, 311. RES JUDICATA. Former jeopardy as a bar, see CRIMINAL LAW. In general, see JUDGMENT. RESPONDEAT SUPERIOR. See MASTER AND SERVANT. RESTAURANTS. Annotation. Applicability of Sunday laws of sale of food and refreshments. 3S1. 1917C, Validity as to restaurant proprietor of ordinance regulating removal of gar- bage. 1917E, 1163. When an jury to employee is within protec- tion of Workmen's Compensation Act. 1917B, 595. Power of municipality to prohibit dancing in. 1917A, 1170. License tax on sale of cider by keeper of. 1917C, 460. Implied warranty of quality of food fur- nished to customer. 1915B, 481. RESTITUTION. Annotation. Measure of restitution u'here property is sold under a judgment or order subsequently reversed without in- tervening supersedeas or stay. 1917C, 1179. On reversal of judgment. 1917C, 1176. RESTORATION. On rescission of contract generallv. 1916F, 476; 19] 7A, 671. On disaffirmance of infant's contract. 1915C, 362; 1915E, 465. Of property obtained by means of false pretenses. 1916E, li04. Of stream to original channel. 1916F, 403. RESTRAINT OF MARRIAGE. Annotation. Validity and effect of contlitions re- quiring consent to marriage of legatee or devisee. 1917 D, 46S. Effect on right of action for breach of prom- ise, of attempted" contract of settlement invalid because in restraint of marriage. 1915D, 1064. Condition as to, in will. 1917A, 40; 1917D, 464. RESTRAINT OF TRADE. See CONTRACTS; MONOPOLY AND COMBINA- TIONS. RESPONSIBLE BIDDER. Who is lowest responsible bidder entitled to j public contract. 1915A, 198. ,| L.R.A. Tri. Index 1915-17. 24. RESTRAINT UPON ALIENATION. See COVENANTS AND CONDITIONS; PERPETUI- TIES ; WILLS. 370 RESTRICTIVE COVEN ANTS RE VOLUTION. RESTRICTIVE COVENANTS. See COVENANTS AND CONDITIONS. RESTRICTIVE INDORSEMENT. See BILLS AND NOTES. RESULTING TRUSTS. See TBUSTS. RETAINING JURISDICTION. By equity to give full relief. 1915A, 549; 1915F, 1012; 1917D, 357. In action by administrator. 1915D, 948. RETAINING WALL. See WALLS. RETIRING PARTNER. Liability of. 1915B, 418; 1915F, 711. RETROSPECTIVE LAWS. Constitutionality of, see CONSTITUTIONAL LAW. As to when laws are retrospective, see STATUTES. Retrospective operation of municipal ordi- nance. 1916D, 583. RETURN. Of process generally, see WEIT AND PBOC- ESS. Of process on appeal. 191 5C, 1. To writ of mandamus", demurrer to. 1915D, 288. To rule to show cause in contempt proceed- ing. 1915D, 1061. Failure of owner of property to make return for taxation. 1915F, 648. REVENUE. Internal revenue, see INTERNAL REVENUE. What constitutes revenue on which guard- ian is entitled to commission. 1917C, 188. Powers of legislature as to raising of. 1915D, 322. REVERSIBLE ERROR. See APPEAL AND ERBOB. REVERSION. In general, see DEEDS. Condition in conveyance for reverter in case of marriage. 1916B, 1077. Effect of transfer of, by landlord on liability for condition of premises. 1915C, 190. Effect of transfer of, by landlord on liability for rent. 1915C, 234. Right of transferee of reversion of lease- hold to enter because of rent overdue at time of assignment. 1915C, 245. REVIEW. Of order or judgment, see APPEAL AND ERROR; JUDGMENT. Of justice's judgment, see JUSTICE OF THE PEACE. Of assessment, see TAXES. Annotation. Bill in equity to set aside n divorce as a bill of review. 1917B, 421. Interference with rights of innocent pur- chaser under decree by bill to review decree. 1917A, 671. When proper remedy. 1915D, 772. REVISION. Of statute, see STATUTES. REVIVAL. Of action, see ABATEMENT AND REVIVAL. Of judgment, see JUDGMENT. REVOCATION. Of license generally, see LICENSE. Of agency, see PRINCIPAL AND AGENT. Of wills, see WILLS. O'f physician's license. 1915A, 691 ; 1916D, 436. Of license of foreign corporation. 1916F, 122. Of legacy. 1916C, 98. REVOLUTION. Annotation. Litigation gran-ing out of Mexican '.'evo- lution. 1917A, 2SO. REWARD ROYALTIES. 371 RE-WARD. ROLLING STOCK. Right of one who kills murderer while at- tempting to arrest him to reward of- fered by state. 1916A, 1276. Necessity of notice of reward offered by gov- ernment to entitle one who complies with its terms to claim it. 1916A, 1276. RIGHT OF WAY. Ordinance giving mail carrier right of way in street. 1915D, 1021. RIOTS. See MOBS AND RIOTS. RIPARIAN RIGHTS. See WATEKS. . 4 RISK. Risk insured against, see INSURANCE. Assumption of, by employee, see MASTER AND SERVANT.' ROADBED. Master's duty to servant as to condition of. 1917D, 959; 1917F, 802. ROBBERY. Insurance against loss by, see INSURANCE. Annotation. Evidence of other crim.es in prosecu- tion for robbery. 1917D, 3&8. Indictment for, generally. 1915D, 1070. Sufficiency of indictment for robbery to sup- port conviction for larceny. 1915C, 121. Habeas corpus to secure release of one con- victed of. 1915C, 557. Statute giving court discretion as to extent of punishment for robbery. 1915C, 557. Cruel and unusual punishment for. 1915C, 557. Statute providing that person making threats with view to extort money shall be guilty of attempt to rob. 1915B, 1140. Merely inserting one's hand into another's pocket and abstracting therefrom loose change with intent to steal it, as rob- bery. 1915C, 121. Evidence of other crimes in prosecution for. 1917D, 383. Annotations. Applicability of res ipsa loquitur in case of injury to servant 1>y derail- ment of rolling stock. 1917E, 212. Applicability of res ipsa loquitur in case of injury to servant from de- fect in. 1917E, 226. ROOF. Injury to tenant's goods by leak in roof. 1917B, 235. ROOMING HOUSE. See LODGING HOUSE. . ROPE. Annotation, Applicability of res ipsa loquitur in case of injury to servant by breaking of rope, chain, etc. 1917E, 239. Injury by rope stretched across street. 1915A, 1199. ROTATION. Distribution bv rotation of water for irriga- tion. 1916F, 236. ROUTE. For shipment of goods, parol evidence as to. 1917A, 58. ROYALTIES. Annotations. Construction of provision as to- pay- ment of royalties in oil or gas lease covering tracts of land ou-ned by different persons in severally. 1917D, 1124. Construction and defect of provision in mining lease excusing payment of minimum royalties. 1917E, 1O7S. Conditions as to, in lease of coal mine. ]917E. 1075. Division between several lessors of royalties accruing under oil and gas lease. . 1917F, 566. 372 RULE OF THE ROAD SALE. RULE OF THE ROAD. Liabi ir ty for injury by violation of. 1915E, 1028; 1916A, 943; 1917C, 477. RULES. Of benefit societies, see BENEVOLENT SOCI- ETIES. Of carriers, see CARRIERS. Of insurance company, see INSURANCE. Of master, see MASTER AND SERVANT. Annotation, Violation by servant of rule adopted by railway company as evidence of negligence toivard one other than servant. 1917C, 793. Violation of, as evidence of negligence. 1917C, 784. Of state banking board as to grant of charter. 1917D, 310. Of water company as to laying of service mains. 1915A, 246. Of telephone company as .to long distance messages. 1915E, 323. RULES OF DECISION. See COUBTS. RUNAWAY. Annotation. Liability for death or injury to one at- tempting to stop a runaway horse. 1917C, 1O83. Voluntarily incurring risk in attempting to stop runaway horse. 1917C, 1080. RUNNING AT LARGE. Killing unlicensed dog running at large. 191 7F, 434. RUPTURE. See HERNIA. RURAL CREDITS. See FARM LOANS. RURAL MAIL CARRIER. As a public officer. 1917A, 228. SACKS. Effect of failure of purchaser of potatoes to furnish sacks therefor as agreed. 1916D, 728. SACRAMENTS. Liability of minister refusing sacraments. 1916D, 371. SAFETY APPLIANCES. See MASTER AND SERVANT. SALARY. See COMPENSATION. SALfc. In general. What constitutes; validity; generally. Bulk sales. Passing of title; delivery. Conditional sales. Acceptance; retention. Warranty. in general. of quality, genuineness, or fit- ness. effect of inspection; or oppor- tunity to inspect. Rights and remedies of parties. in general. rescission. In general. At auction, see AUCTIONS. Of note, see BILLS AND NOTES. Of corporate stock, see CORPORATIONS. Damages for breach of contract of, see DAMAGES. Of expectancy, see EXPECTANCIES. What constitutes fraud by seller, see FRAUD AND DECEIT. Of game birds, see GAME AND (JAME LAWS. Of homestead, see HOMESTEAD. Unlawful sale of intoxicating liquors, see INTOXICATING LIQUORS. Place of sale of liqxiors, see INTOXICATING LIQUORS. Judicial sale, see JUDICIAL SALE. On foreclosure, see MORTGAGE. Seller's liability for injury by defects in things sold, see NEGLIGENCE. Of patented article, see PATENTS. By receiver, see RECEIVERS. Record of sale of personal property, see RECORDS AND RECORDING LAWS. For taxes, see TAXES. 373 Of land generally, see VENDOR AND PUR- CIIASEU. Annotation. Income iax on sales of property. 1917E, 566. By guardian. 1916A, 637. Injunction against. 1917C, 777. Acceptance of note for one instalment of goods sold as releasing surety from liability for other instalments. 1917A, 282. Libel by statement by seller to attorney for buyer. 1915E, 275. Novation of. contract. 1916C, 443. Making contract of sale by correspondence. 1915F, 824. Anticipatory breach of executory contract. 1915E, 851. Time as essence of contract of. 1916E, 932. Offer bv quotation of price. 1915D, 145; 1915F, 824. Proof that offer was accepted within reason- able time. 191 6B, 1036. Parol evidence as to meaning of terms in written contract. 191 6C, 1001. Parol proof of contingency upon happening of which written order for goods was to become operative. 1916B, 1036. Modification or enlargement of written order for machinery by parol evidence. 1915B, 477. Wliat constitutes; validity, generally. Annotations. Construction of contract having some provisions peculiar to consignment and agency contracts and others to sale contracts. 1917B, 626. Right to sell privilege to use streets for telegraph, telephone, or other (', 170. ' SALE SALOONS. 375 Implied warranty of quality of food fur- nished to customer at restaurant. 1915B, 481. Implied warranty as to quality of potatoes. 1917F, 469. " Upon sale of animal to be slaughtered for food. 1917D, 822. Implied warranty of one preparing meat for food that it is fit for that purpose. 1917B, 1272. Warranty by bottler of beverage that bottle contains no harmful substance. 1916B, 877. Implied warranty of fitness of cement for purpose intended. 1915B, 1131. Seed. 1916C, 1001; 1917C, 539. effect of inspection; or opportunity to inspect. Upon sale of animal to be slaughtered for food to an experienced butcher who in- spects it. 1917D, 822. Rights and remedies of parties. in general. Of parties to conditional sale, see supra. On breach of warranty, see supra. Damages for breach of contract, see DAM- AGES. Annotations. Right of buyer to purchase on market before expiration of time for de- livery \vhere seller gives notice that he will not deliver. 1917 A, 1001. IVhich party is to furnish cars under a contract to ship goods f. o. b. 19 17 A, 1163. What constitutes a broken or defective part within agreement to replace such parts. 1917D, 1126. Must seller or buyer bear loss from, failure to contract with carrier for full liability. 1917F, 561. Right of contractor for street pavement to remove it on refusal of city to pay therefor. 1915B, 173. Entirety of contract of sale. 1915B, 536. Acceptance of offer to sell. 1915D, 145. Effect of mistake as to identity of principal on contract of sale. 1916D, 792. Effect of custom on rights of parties. 1916B, 1036, 1257. Right of seller to recover on incomplete performance of contract. 1915B, 536. Who must bear loss pf goods in transit where seller fails to contract with car- rier for full liability. 1917F, 559. Modification of written order by parol evi- dence. 1915B, 477. Parol evidence as to meaning of terms in written contract. 191 6C, 1001. Parol proof of contingency upon happening of which written order for goods was to become operative. 1916B. 1036. Counterclaim of amount still due on pur- chase price in action for conversion of automobile by vendor. 1916C, 443. Counterclaim for injury to minor son of purchaser through defect in articles sold, in action for purchase money. 1916C, 514. Waiver by purchaser of condition as to time of shipment. 1916E, 932. Duty of one ordering goods to notify seller, who has failed to ship at time specified, of nonarrival thereof. 1916E, 932. Rights of purchaser of wheat for delivery at certain time on being notified by sell- er before expiration of time limit that the wheat will not be delivered. 1917A, 1000. Time for making tests provided for by con- tract. 1915B, 1131. Duty of purchaser of cement subject to specific tests to make the tests. 1915B, 1131. Effect of failure of purchaser of potatoes to furnish sacks therefor as agreed. 1916D, 728. Conversion by vendor on sale with mortgage back. 1916C, 557. Delivery f. o. b. cars. 1917A, 1157. Construction of covenant to replace parts which break because of defective mater- ial or workmanship. 1917D, 1125. Right to enforce against trustee in bank- ruptcy of seller, contract obligation to replace broken parts of articles sold. 1917F, 654. rescission. As to what constitutes fraud justifying re- scission of contract, see FBAUD AND DE- CEIT. As between vendor and purchaser, see VEND- OR AND PUBCHASEB. Refusal of courts to rescind contract because made on Sunday. 1917D, 445. Right of seller who has refused to permit buyer to reject goods to acquiesce there- in after bankruptcy of buyer. 1916A, 634. Right of purchaser of machinery to rescind and recover what he paid for it for breach of warranty without offering to return it. 1916D, 997. Right of one selling equipment to receiver acting without authority to repudiate contract for invalidity upon legal ap- pointment of receiver. 1916C, 516. For fraud. 1917C, 617. Assumpsit to recover purchase price paid on rescission of the contract for fraud. 1915A, 1221. SALOON KEEPER. Bonds of, see BONDS. In general, see SALOONS. SALOONS. Liquor bond, see BONDS. Sale of liquor in generally, see INTOXICAT- ING LIQUORS. 376 SALOONS SCHOOLS. .Annotation. Effect upon lease of property for saloon piirj>oxen of passage of prohibitory during term. 1917C, 935. Judicial notice as to danger of bartender's position. 1916F, 957. Recovery under Workmen's Compensation Act for assault on bartender by drunken patron of saloon. 1916.F, 957. Liability for act of bartender in pouring alcohol over foot of guest and setting fire thereto. 1916E, 269. Validity of lease for saloon. 1917E, 777. Guaranty by browing concern of saloon lease. 1917E, 777. Construction of lease of property for saloon business. 1917C, 931; 1917E, 777. Effect of prohibition law on lease of proper- ty for saloon business. 1917C, 929, 931. Right of brewing company to avoid liability for rent of premises leased for saloon business on the ground that it cannot legally engage in that business. 1917C, 929. Liability for injury to child on sidewalk by rightful ejection of drunken man from saloon. 1917E, 271. SALTPETER. Annotation. Keeping of, on insured premises. 1917C, 278. SALVAGE. Rights- of owner of property injured by fire while in warehouse, to amount realized by warehouseman by way of salvage. 1917D, 847. SAMPLE TRUNKS. As baggage. 1916A, 545. Measure of damages for delay of, in trans- portation. 1916A, 545. SANITARY CONDITIONS. Libel in charging, that sanitary conditions in factory are not good. 1916E, 667. SANITY. See INCOMPETENT PERSONS. SATISFACTION. See ACCORD AND SAIIM ACTION. SAVINGS ASSOCIATION. See BUILDING AND LOAN ASSOCIATIONS. SAVINGS BANKS. See BANKS. SCAB SHOPS. Libel in charging that corporation had ad- vertising printed in. 1916E, 667. SCAFFOLDS. Lumber used in, as within protection of con- tractor's bond. 1917A, 336. Presumption of negligence from breaking of. 1915F, 15. Master's duty as to. 1915F, 15, 1036; 1917F, 497, 500. SCALES. As covered by insurance on farm utensils. 1917B, 934. SCENIC RAILWAY. Presumption of negligence from injury to passenger on. 1917B, 1091. SCHEDULES. Filing schedule of carrier's rates. 191 7 A, 265: 1917B, 787: 1917C, 1124. Admissibility in evidence. 1917 A, 197. -++- SCHOOLHOUSE. See SCHOOLS. *-- SCHOOLS. In general. Admission; attendance; tuition. Health regulations. control over pupil. Teachers. in general. removal; dismissal. Officers and elections. officers. elections. Districts and property; contracts. Books; instructions. SCHOOLS. 377 In general. Annotations, Domicil or residence for taxation as affected by purpose to obtain school facilities, 19 17 A, 29O. Conducting public school in sectarian biiilding. 1917D, 462. . Moving to particular place to secure educa- tional facilities, as effecting change of domicil. 1917A, 285. Statute setting apart fines and penalties for police, pension fund as repealing aliit inn. Conducting public school in sectarian building as violation of constitu- tional provision against sectarian instruction. 1917D, 462. What, constitutes violation of constitutional provision that public money raised for educational purposes shall not be used in aid of any sectarian school. 1917D, 455. Holding graduating exercises of public school in church and permitting clergyman to deliver invocation as violation of pro- vision against sectarian instruction. 1916D, 399. Reading of Bible or offering of Lord's Prayer in school. 1915D, 941. SECURITIES. Constitutionality of Blue STfy Laivs. 1917F, 524. Special deposit of. 191 5B, 542. Constitutionality of Blue Sky Laws. 1917F, 514. Inheritance tax on. 1915C, 95; 1916A, 889, 901; 1916E, 1288. Situs of, for purpose of taxation. 1915C, 922, 949. SECURITY. On appeal, see APPEAL AND ERROR. For compensation in eminent domain, Bee KM i. NEXT DOMAIN. In general, see BONDS. SEDITION. Annotation. Libel or slander by imputing sedition or disloyalty. 1917D, S61. Libel in charging one with being a spreader of. 1917D, 855. SEDUCTION. In general. Marriaue to escape prosecution for. 1915F, 977. Imprisonment upon judgment for damages for, as imprisonment for debt. 191tiB, 993. Civil liability. Measure of damages for, see DAMAGES. Annotation. x Action for seduction independently of loss of services. 1917E, 758. Punitive damages for. 1917D, 273. Action by father of female. 191 7D, 273. Mother's right of action for betrayal of minor daughter who is still alive. 1917E, 756. Criminal liability. Private counsel to aid in prosecution for. 1917C, 455. Divorced woman as within statute inipo>in- penalty for seduction under promise of marriage of unmarried female of pre- vious chaste character. 191(5D, 457. SEED. Warranty on sale of. 1916C, 1001; 1917C, 539. Measure of damages for breach of warranty as to. 1917B, 1106. SEGREGATION. Annotation. Cumulative penalties for failure of car- rier to provide separate accommo- dations for icliitc and colored pas- sengers. 1917B, 54S. Of white and colored passengers. 1917B, 544. Ordinance forbidding white and colored per- sons from residing in the same block. . 1915D, G84. SEIZURE. In general, see LEVY AND SEIZURE; SEARCH AND SEIZURE. Of private property by military commander. 1917A, 276. SELF-CRIMINATION. By accused, generally. 101713. U03: 191 7 F. 502. Right of corporation to constitutional pro- tection against self-crimination. 19ir>B,. 913. SELF-DEFENSESERVICES. 381 SELF-DEFENSE. Commission of homicide in, see HOMICIDE. *-- SELF-EXECUTING PROVISIONS. Of Constitution, see CONSTITUTIONAL LAW. SELF-GOVERNMENT. Local self-government, see CONSTITUTIONAL LAW. SENATE. See CONGRESS; LEGISLATURE. SENTENCE. For crime, see CRIMINAL LAW. SEPARATE COACH LAW. Annotation. Cumulative penalties for failure of car- rier to provide separate accommo- dations for white and colored per- sons. 1917B, 54:8. . Penalty for failure to comply with. 1917B, 544. SEPARATE MAINTENANCE. Independent suit for. 1915E, 421; 1916B, 919; 1917D, 773. Estoppel to maintain suit for. 191 5E, 421. Effect of foreign judgment to bar independ- ent suit for alimony. 1915E, 421. Allegations in bill for. '1917D, 773. Domicil of plaintiff in action for. 1917E, 490. SEPARATE PROPERTY. Of married woman, see HUSBAND AND WIFE. SEPARATION. Of powers, see CONSTITUTIONAL LAW. Of husband and wife, see DIVORCE AND SEP- ARATION. SEPARATION OF POWERS. See CONSTITUTIONAL LAW. SEPTICEMIA. See BLOOD POISONING. SERIOUS AND WILFUL MISCON- DUCT. What constitutes, within meaning of Work- men's Compensation Act, see WORK- MEN'S COMPENSATION. SERVICE. Of process, see WRIT AND PROCESS. SERVICE PIPES. Who must bear expense of laying service pipes between water mains and property of consumers. 1915A, 246; 1916E, 258. SERVICES. In general, see MASTER AND SERVANT. Annotations, Validity of contract by husband to pay wife for. 1917D, 268. Imprisonment of one of the parties to a contract for services as affecting rights and obligations thereunder. 1917F, 628. Assignment or release of the right to a third person's services. 1917F, 842.* When limitations begin to run under con- tract to render services for compensa- tion to be made at death of person served. 1917A, 1. When limitations begin to run against claim for, generally. 1916D, 1260. Indivisibility of contract for services. 1916F, 926. Validity of oral contract for, not to be per- formed within a year. 1915E, 562 ; 1916D, 880. Effect of part performance on oral contract for. 1916D, 880. Injunction to compel performance of person- al services. 1915A, 820; 1916E, 682. Recovery for, on quantum meruit. 1917B, 676. Proof by circumstantial evidence of express contract to pay for. 1916D, 1260. Implied agreement to pay for. 1917B, 681; 1917D, 265; 1917F, 571. Contract to pay wife for. 1917D, 265. Opinion evidence as to value of. 1915F, 992; 1917D, 273, 809. Succession tax on legacy in fulfilment of contract to will property in payment of services. 1917D, 800. 382 SERVITUDE SEXUAL CRIMES. SERVITUDE. Additional, see EMINENT DOMAIN. SET-OFF AND COUNTERCLAIM. In general. Recoupment. Mutuality of claims. By or against decedent's estate. Effect of insolvency. Of and against judgments. In general. Application of deposit by bank in course of business, see BANKS. Amendment of answer setting up a counter- claim. 1917B, 760. Intervention in proceedings against insol- vent bank for purpose of securing. 1915A, 299. In action to enforce public improvement as- sessment. 1916B, 1027. Ne exeat to prevent nonresident from remov- ing notes from state so as to prevent en- forcement of set-off. 1916C, 403. Time for which damages under counterclaim may be allowed. 1916A, 912. Right to set up counterclaim found on tort in action on contract. 1916C, 491, 514. Dismissal of appeal by defendant from judg- ment in plaintiff's favor upon affirm- ance of order granting new trial to plaintiff because of allowance of a coun- terclaim. 1916C, 491. Counterclaim for conversion of property of tenant upon re-entry by landlord in ac- tion for unpaid rent and waste. 1916C, 491. Recoupment. When counterclaim is connected with the subject-matter of an action within meaning of statute. 3916C, 443, 491, 514. Right of one defrauded into taking lease at certain rent to recoup his damages in action for rent. 1917B, 760. Set-off in action by thresher to recover for part performance of his contract of ex- cess over the contract price for thresh- ing the grain left unthreshed by him. 1916E, 788. Mutuality of claims. Right to set off against partnership debt claim arising under contract with in- dividual member. 1916A, 1211. By or against decedent's estate. Set-off of deposit against immature debts of depositor. 1917C, 129. Right of coroner sued for property of de- ceased to set off funeral expenses. 1915D, 948. Right of administratrix to set off funds of estate deposited in bank which becomes insolvent against a claim of the bank against decedent. 1915A, 299. Effect of insolvency. Right of bank to set off, against immature notes of depositor who dies insolvent, amount of his deposit. 1917C, 129. Effect of insolvency- of bank to prevent set- off of deposit account against death of the depositor. 1915A, 299. Of and against judgments. Annotation. Set-off against judgment in hands of assignee. 1917F, 1O1O. Effect of assignment on. 1917F, 1006. Right to set off judgments where there are contravening equities and a lack of mu- tuality. 1917F, 1006. SETTLEMENT. In general, see COMPROMISE AND SETTLE- MENT. Of decedent's estate, see EXECUTOBS AND AD- MINISTBATOBS. SEVERABILITY. Of insurance contract, see INSURANCE. SEVERANCE. Review of discretion as to. 1916D, 1090. SEWAGE. Depreciation of property by construction of sewage disposal plant as a "takini*." 3917C, 1046. Nuisance resulting from sewage disposal plant. 191 7C, 1048. Spreading of noxious odors by sewage dis- posal plant as a damaging of property for which a compensation must be made. 1917D, 683. Pollution of water by, 1915A, 282; 1916F, 189. SEXUAL CRIMES. See also ADULTERY-, ILLICIT COHABITATION; TXCEST: LEWDNESS; PROSTITUTION*: RAPE; SEDUCTION*. SEXUAL CRIMES SHIPPING. 3S3 Annotation. Conviction or acquittal of a sexual of- fense as a bar to a prosecution for a similar offense with or against the same person at a different time. 1917D, 731. Acquittal of crime of carnal knowledge committed on specified date as bar to prosecution for similar offense with same girl six months later. 1917D, 726. SEXUAL INTERCOURSE. Refusal of, as ground for divorce. 1915B, 770. SHADOWING. Negligence of detective employed to shadow wife in shadowing another woman. 1917B, 675. SHADOW PICTURES. Admissibility in evidence. 1916F, SOS. SHAFTS. Annotation. Contributory negligence of cJiildren falling into. 1917F, 1O5. SHAM MARRIAGE. Binding effect of, where one party acted in good faith. 1916F, 793. Rape by means of. 1916F, 793. SHAREHOLDERS. See CORPORATIONS. SHELLEY'S CASE. Rule in. 1915D, 496. SHERIFF. Annotation. Effect of insertion of unauthorised pro- risions in sJieriff's bond. 1917B, 995. As employee of state within meaning of Workmen's Compensation Act. 1916C, 1087. Sale or farming of office of. 1916E, 618. Right to conduct election upon question of issuing municipal bonds. 1915A, 1009. Exclusive right of sheriff to execute power of sale given by chattel mortgage. 1916C, 443. Liability of county for amount expended by, in excess of revenue provided. 1916F, 892. Right to appoint nonresident as deputy. 1916B, 897. Liability of sheriff for wrongful arrest bv deputy. 1915E, 172. Privileged communications to; 1915E, 413. Requiring sheriff in charge of colored pris- oner to ride in car set apart for colored passengers. 1916E, 278. SHERMAN ANTI-TRUST ACT. See MONOPOLY AND COMBINATIONS. . SHIP BROKERS. Giving one ship broker exclusive right to storage space on export wharf. 1916D, 253. SHIPPER. Negligence of shipper in permitting escape of cars from sidetrack during loading onto main track. 1917C, 768. Injury to shipper of stock. 1915F, 866. SHIPPING. In general; limitation of liability. As to rights of passengers on vessels, see CARRIERS. As to maritime liens, see MARITIME LIENS. As to seaman, see SEAMEN. As to towage, see TOWAGE. Annotations. Jurisdiction and determination of suits for adjustment of rigJits between part owners of ship. 1917 A, 11OS. Applicability to government of statutes limiting liability of shipowners. 1917C, 111O. Insurance on vessel. 1915C, 408. Part owner of ship as partners in its man- agement. 1917A, 1100. Jurisdiction of suit for adjustments of rights between part owners of ship. 1917A, 1100. Burden of proving that injury to ship was caused bv act of God. 1915C, 423. 384 SHIPPPING SIGNALS. Liability of charterer for injury to vessel under terms of charter party. 1915C, 423. Right of owner of foreign vessel sunk by collision on the high seas, when sued in the United States, to maintain pro- ceeding for limitation of liability au- thorized by United States laws. 1916B, 637. Application to United States of limitation of liability of shipowners. 1917C, 1103. What law governs limitation of liability. 1916B, 637. SHOES. Liability of manufacturer of, for injury by defect in. 1916E, 1188. Allowing stock of shoes to be stored in bank building as a special deposit. 1915B, 542. SHOOTING. Negligence in. 1915E, 267 ; 1916D, 1179. Of passenger. 191 5E, 668. SHOOTING GALLERY. Negligence as to; who liable for. 1915C, 632. SHOP. Annotation. What passes umler devise or bequest of. 1917D, 435. SHOW. On Sunday, see SUNDAY. In street. 1915F, 568. SHOW WINDOW. Damages for obstruction of view of. 1916C, 1260. SHUN-PIKE. Annotation. As infrinriement of franchise of toll road or turnpike. 1917D, 341. What constitutes. 1917D, 333. SHUTDOWN. / Effect of shutdown on duty to pay roy- alties under lease of coal mine. 1917 E, 1075. SICKNESS. Insurance against, see INSURANCE. Annotations. Of insured as excuse for failure to give notice or furnish proofs of loss as required by policy of fire insurance. 1917A, 3O5. Liability of landlord to tenant for sirk- ness due to unsanitary condition of premises. 1917 A, 994. Liability of municipality for sickness result- ing from nuisance. 1915C, 751. Of passenger, effect on carrier's duty. 1915C, 134; 1915E, 788. Ejection of sick passenger as proximate cause of injury. 1915C, 134. Proximate cause of sickness of passenger carried beyond station. 1917 A, 1017; 1917B, 706. SIDEWALKS. Duty of municipality to set apart portion of street for sidewalk. 1916B, 1049. Duty of abutting owner to lay. 1917A, "472. Title of abutting owner to material placed by him in sidewalk which is not accept- ed by municipality. 1915B, 187. Requiring removal of posts from. 1916C, 561. Injury by ice on. 1915B, 324. SIDINGS. Requiring carrier to construct and main- tain. 1915E, 682; 1916F, 1281. Requiring carrier to make switch connec- tions with private siding. 1916F, 1281: SIGNALS. Master's duty to give, to servant. 1916F, .V>1, 907. Failure of servant entering mine to obey rule as to signal before entering. 1916F, 907. Duty to give, to persons on railroad track. "1917D, 666. Duty as to. at railroad crossing. 1915B, "140; 191 5D, 962; 1916D, 783. Failure of engineer to obey; criminal lia- bility for death resulting from. 1917O 533." SIGNALS SLED. 385 Duty of street railway company as to. 1916E, 58. Of traffic officer to automobilist, effect of, on latter's duty. 1917B, 133. SIGNATURE. Annotations. Place of, under Statute of Frauds. 1917A, 153. Typewritten, printed, or stamped sig- nature of legal process or other legal papers. 1917B, 285. Writing name in Ttody of will as signa- ture thereto. 1917D, 632. Effect of witness to will not signing 7iis true name. 1917D, 896. Typewritten signature to legal process. 1917B, 281. Absence of signature of clerk from copy of writ served. 1917C, 148. To enrolled bill. 1915D, 119. To deed. 1915B, 678. To judgment. 1915C, 581. To municipal bonds. 1915A, 1009. To writing required by Statute of Frauds. 1915C, 400; 1917A, 151. Of testator. 1915D, 902; 1916E, 692; 1917D, 629, 779. Of attesting witness. 1915B, 87; 1916C, 946; 1916D, 1059; 1917D, 894. SIGNS. Right of tenant to use walls of building for signs. 1915B, 1057. SILENCE. Estoppel by, see ESTOPPEL. Presumption from, see EVIDENCE. Effect of, to constitute a bill an account stated. 1917C, 445. Silence of person under arrest when state- ment tending to connect him with the crime is made in his presence. 1917D, 491. * i SISTER. See BROTHERS AND SISTERS. SISTER-IN-LAW. As dependent of insured. 1917C, 925. L.R.A. Tri. Index 1915-17. 25. SITUS. Of property for purpose of taxation, see TAXES. Of corporate stock for purpose of transfer on books of company. 1915C, 471. Of shares of stock for purpose of adminis- tration of decedent's estate. 1915D, 856. SIX O'CLOCK CLOSING. Validity of requirement of. 1916A, 651. Sufficiency of title of statute as to. 1916A, 651. SKIDDING. Injury to bystander by skidding of automo- bile due to slippery condition of pave- ment because of oil placed thereon. 1917F, 710. SKILL. Presumption and burden of proof as to, see EVIDENCE. SKULL. Admissibility in evidence. 1917A, 1226. SKYLARKING. Recovery under Workmen's Compensation Act for injury resulting from. 1916C, 1203; 1916D, 968. SLANDER. See LIBEL AND SLANDEE. SLAVERY. See INVOLUNTARY SERVITUDE. SLED. Sled used by boy in coasting as a "motor vehicle" within meaning of statute limiting speed of such vehicles. 1915E, 1028. 386 SLEEPING AND PARLOR CARS SOLITARY CONFINEMENT. SLEEPING AND PARLOR CARS. | SNOWSTORM. Liability for loss of property on, see CAB- Annotations. Liability of railroad company for acts of Pullman car employees toward trespassers. 19 17 A, 42O. Contract exempting railroad company from liability for negligent injury to sleeping car employees or others sustaining a similar relation to the company. 1917D, 648. Duty to protect passengers on, from as- sault. 1917F, 888. Limitation of liability for injury to em- ployee on. 1915D, 510; 1917D, 641. Theft from passenger as raising presump- tion of negligence. 1915B, 621. Negligence in removing passenger from, to common coach. 191 6E, 763. Porter on Pullman car as employee of rail- road hauling car. 1915D, 510. Liability of railroad company for acts of Pullman employees. 1917A, 417. Liability of sleeping car company for as- sault on passenger. 1917F, 885. Duty to provide passenger with berth. *1915B, 1202. Prohibiting letting down of unengaged upper berth in sleeping car when lower berth is occupied. 1916A, 1133. SMALLPOX. As to vaccination of school children. 1915D, 223. Liability for injury to smallpox patient from condition of pesthouse. 191 6D, 626. SMELLS. See ODOBS. SMOKE. As element of damages in condemnation pro- ceedings. 191 6E, 420. Injury to property by, as a taking thereof. 1915E, 623. SNOW. Negligence of railroad company in permit- ting cattle guard to become filled with snow. 1915B, 134. Loss of goods by, during transportation. 1915D, 547. SNUFFING DOUCHE. Death resulting from violent snuffing of na- sal douche as an accident. 1915B, 872. SOAP. Claim for, as within protection of con- tractor's bond. 1917A, 336. SOCIAL CLUBS. See CLUBS. SOCIALISM. Forbidding carrying of red flag in parade. 1915B, 706. SOD. Annotation. Mechanics' lien for sodding ground. 1917D, 353. SOFT DRINKS. Sale of, on Sunday. 1917C, 377. SOIL. Annotation. Mechanics' liens for cultivation, care, or improvement of. 1917D, 351. SOLICITATION. Annotations. Right of attorney at lau.- to solicit busi- ness. 1917B, 1128. Arrest irilJmitt irarrant of woman so- liciting or accosting men. 1917D, 697. Of business by attorney. 1917B, 1132. SOLITARY CONFINEMENT. As cruel and unusual punishment. 191 7B, .386. SPAEKS SPECIFIC PERFORMANCE. 387 SPARKS. SPECIAL TRAIN. Right to recover for injury by, in condem- nation proceedings. 191 5E, 634. SPEAKING DEMURRER. Invalidity of. 1915E, 1006. SPECIAL ASSESSMENTS. See PUBLIC IMPROVEMENTS. *-- SPECIAL DAMAGES. Necessity of pleading and proving. 1915B, 915; 1916E, 667; 1917F, 548. SPECIAL DEMURRER. Definiteness of pleading to withstand. 1916F, 216. For argumentativeness, sufficiency of. 1915C, 33. SPECIAL DEPOSIT. What constitutes. 1915B, 542; 1916C, 6; 1917A, 519, 680. Liability of bank for embezzlement of, by officers. 1917A, 519. ' SPECIAL FINDING. Request for. 1916E, 710. SPECIAL INTERROGATORIES. See TBIAL. SPECIAL JUDGE. See JUDGES. *-- SPECIAL LEGISLATION. See STATUTES. SPECIAL POLICE. Liability for acts of. 1915C, 1183; 1915F, 714; 1916E, 356. Carrier's breach of contract to run. 19] 7D, 750. SPECIAL USE. Considering value for special use in estimat- ing value of property condemned. 1916A, 1079. SPECIAL VERDICT. Conflict between special and general ver- dicts. 1915E, 1057; 1916A, 689; 1916C, 439. SPECIFIC PERFORMANCE. In general. Right to remedy generally. Oral contracts. Subject-matter of contracts in gen- eral. Contracts relating to personal prop- erty. Contracts for real property. in general. doubtful titles. Decree. In general. Discretion as to. 1917F, 594. Effect of inability specifically to enforce collateral contract on right to enjoin breach of principal contract. 19i7B, 267. Right to remedy generally. Annotation. , Specific performance of contract some of the terms of which are to Ite agreed upon by the parties. 1911D, 1O79. Discretion as to. 1917F, 594. Certainty and definiteness. 1916C, 1098; 191 7A, 563; 1917D, 1074. Enforcement of monopolistic contract. .1915C, 865. Contract legally made but rendered illegal by subsequent legislation. 1916E, 622. Oral contracts. Effect of statute providing that no civil action shall be maintained on a land contract unless agreement is in writ- ing signed by party to be charged, 1917A, 151. 388 SPECIFIC PERFORMANCE SPEEDY TRIAL. Oral contract to devise property to adopted child. 1916D, 421. Subject-matter of contract! in gen- eral. Contract for adoption of child. 1917F, 692. Contract to devise property. 1916D, 421. Contracts relating to personal prop- erty. Contract for sale of corporate stock. 1915D, 300. Contracts for real property. in general. Oral contracts, see supra, Annotation. Specific performance of provisions for appraisal of property preliminary to exercise of option. 1917C, 813. Discretion as to. 1917F, 594. Pleading in suit for. 1915A, 317; 1915C, 367. Necessity of showing inadequacy of legal remedy. 1915A, 317. Sufficiency of consideration. 1915C, 367. Sufficiency of description of property. 1916C, 1098, 1124; 1917A, 563. Refusal of specific performance where de- scription of boundaries which failed to satisfy Statute of Frauds have been reformed by parol evidence. 1917A, 596. Parol evidence to aid defective description. 1917A, 563. Power to reform instrument and decree its specific performance. 1917A, 602. Right of specific performance as against second purchaser from vendor. 1917A, 200. Mistake of vendor as to area or dimensions of lot as ground for refusal of specific performance. 1917A, 200. Refusal of specific performance of contract to purchase property because owners of neighboring property may enjoin erec- tion of building as breach of restrictive covenant. 3915F, 651. Effect on right to, of fact that vendee agreed to make a cash payment on a certain date as part of the purchase price, which he failed to do, and to give his note for the balance. 1915A, 317. Specific performance by landowner of op- tion to purchase contained in lease drafted by him. 1915C, 367. Effect of statutory provision that decree for specific performance requiring the execution of a conveyance operates to transfer title without the actual execu- tion of a conveyance. 1915A, 317. To compel renewal of lease. 1916E, 1235. Of provision in lease for appraisal of prem- ises to enable lessee to exercise option to purchase. 1917C, 809. Improvements as independent ground for. 1917F, 594. doubtful titles. Annotation. Right of vendee to specific performance with abatement from purchase price where vendor is unable to convey a good and unencumbered title. 1917F, 597. Right of vendee to specific performance with abatement from purchase price because wife of vendee did not join in deed as required by law. 1917F, 594. Decree. Adjusting rights of parties where purchaser refused to receive possession or carry out the trade and it thereupon became necessarv for vendor to retain posses- sion. 19*15C, 367. Deduction of dower interest from purchase money in enforcing contract to convey in favor of one who did not know that the grantor was married. 1915C, 367. SPECTATOR. Injury to bystander watching raising of derailed locomotive. 1916F, 114. SPEECH. Freedom of, see CONSTITUTIONAL LAWS. SPEED. Of railroad trains, see RAILROADS. Annotation. Constitutionality of statute fixing mini- mum rate of speed at which carrier may transport special kinds of freight. 1917C, Weight of opinion evidence as to. 1916A, 943. Limiting speed on bridges. 1915E, 959. Fixing minimum limit of speed for trans* portation of live stock. 1917C, 135. Contributory negligence of one driving at prohibited rate of speed on highway. 1915E, 959. What is a motor vehicle within meaning of statute limiting speed of such vehicles. 1915E. 1028. Of automobile. 1915D, 968; 1916A, 744, 1111; 1917A, 710; 1917F, 610. Of street car. 1917E, 1044. SPEEDY TRIAI,. Necessity of. 191 5E, 363. SPENDTHRIFT TRUSTS STATE. SPENDTHRIFT TRUSTS. | STAGING. See TRUSTS. See SCAFFOLDS. 389 SPIKE. Injury by spike hurled through air by rail- road train. 1915D, 278. SPIRITUALIST MEDIUMS. Annotation. Application to, of statutes regulating the practice of medicine. 1917C, 828. SPITE FENCE. Liability for erecting. 1916F, 903. SPLITTING. Of causes of action, see ACTION OB SUIT. - *-- - SPOLIATION. Annotation. Of will, liability for. 1917B, 558. Of will, liability for. 191 7B, 556. SPRINKLING. Of street, see STREET SPRINKLING. SPUR TRACKS. Requiring carrier to construct and main- tain. 1915E, 682. SQUARES. See PARKS AND SQUARES. --* STABLE. Easement for pipe line to secure water for. 1915C, 355. Municipal regulations as to erection of. 1916D, 583. STAIRWAY. Dangerous condition of stairway in public school. 1916F, 468. Liability of landlord for condition of. 1915B, 98, 387; 1916F, 1098, 1110, 1130, 1135. Duty of lessee to repair common stairway. 1917C, 387. Negligence in maintaining open stairway in floor of store. 1917E, 747. STALE DEMANDS. See LIMITATION OF ACTIONS. STALLION. Breach of warranty on sale of. 1915B, 1216. STARE DECISIS. See COURTS. STATE. Appropriations by, see APPROPRIATIONS. Bonds of, see BONDS. Common law of, see COMMON LAW. Application to, of Federal Constitution, see CONSTITUTIONAL LAW. Estoppel of, see ESTOPPEL. Right to engage in works of Internal im- provement, see INTERNAL IMPROVE- MENTS. Mandamus to officers of, see MANDAMUS. Public funds of, see PUBLIC MONEYS. Ownership and control of public waters, see WATERS. Annotation. As an "employer" within meaning of Workmen's Compensation Acts. 1917D, 143. Effect of admission of, on transfer of cause from territorial to Federal district court. 1915C, 834. Territorial sovereignty of state as extending to vessel of the state upon navigable waters. 1916D, 935. Imputing laches to the state. 1915A, 715. Effect of inaction or delay by public officers on right of state to recover inheritance tax. 1917E, 1160. Guaranty by state of interest on farm loans. 191 7 A, 495. 390 STATE STATE UNIVERSITY. Who is an employee of the state within meaning of Workmen's Compensation Act. 1916C, 1087. Exemption as against fines due to state. 1915A, 1214. Right of state to maintain action to recover excess charges exacted of individuals by carrier. 1916C, 309. Right of, to appeal in criminal case. 1915F, 1093; 1917F, 985. As necessary party defendant. IfllGD, 42(5. Effect of appearance by state bank commis- sioner to make state a party to action. 1915F, 623. Application of statute authorizing suit against the state by any person deem- ing himself aggrieved by the refusal of auditor to allow any just claims. 1915E, 858. Suit to enjoin officers from enforcing state statute as suit against the state. 1915F, 1187; 1916D, 545. Suit against state banking board and state bank commissioner as suit against the state. 1915F, 623. STATE BANK COMMISSIONER. See BANK COMMISSIONER. STATE BANKING BOARD. Discretion as to grant of charter. 1017D, 310. Suit against, as suit against the state. 1915F, 623. STATE BANK SUPERINTENDENT. See STATE SUPERINTENDENT OF BANKING. STATE COURTS. Error from, to United States Supreme Court, see APPEAL AND ERROR. Jurisdiction of, on appeal, see APPEAL AND ERROR. Jurisdiction of, generally, see COURTS. Following Federal decisions, see COUBTS. Federal courts following decisions of, see COURTS. STATED ACCOUNT. See ACCOUNTS. STATE DEPOSITORY. Bo~:d by, see BONDS. STATE GUARANTY FUND. Who is .a depositor entitled to payment out of. 1915F, 623. Right of creditor of insolvent bank to pay- ment out of. 1915F, 623. STATE INSTITUTIONS. State agricultural societies, see AGRICUL- TURAL SOCIETIES. Annotation. Right of county or municipality to use public funds to secure tJic reten- tion or location of a state institu- tion within its limits. 1917E, 845. Statute providing for levy of tax by city for extension of campus of state university located in the city. 1917K. 842. Running of limitations against. 1916E, 04. Injunction against trustees of. 1915D, 588. STATEMENT. On appeal, see APPEAL AND ERROR. Of mechanic's lien, see MECHANICS' LIENS. STATE MILITIA. See MILITIA. STATE'S ATTORNEY. See DISTRICT AND PROSECUTING ATTORNEYS. STATE SUPERINTENDENT OF BANKS. Delegation of power to. 1917F. f>14. Authorizing bank superintendent to take possession of assets of bank whenever he deems it necessary. 1915E, 675. Consideration for note executed to enable bank to meet requirement of. that de- ficiency of assets be made good. 1917B," 684. STATE UNIVERSITY. Power of trustees to prohibit students from belonging to Greek letter fraternities. 1915D, 58S. STATIONARY FI REME.N ST AT U TES . 391 STATIONARY FIREMEN. Regulating hours of labor of stationary fire- men. 1916B, 1270. STATIONS. Railroad stations, see DEPOTS. STATISTICS. See VITAL STATISTICS. STATUS. Conflict of laws as to, see CONFLICT OF LAWS. STATUTE OF FRAUDS. In general, see CONTRACTS. STATUTE OF LIMITATIONS. See LIMITATION OF ACTIONS. STATUTE OF NONCLAIM. Time to present claim against decedent's es- tate. 1915B, 797; 1915D, 754. STATUTE OF USES. Effect of statute of uses to execute trust for wife where she and her husband join in deed of her property to him in trust for her. 1915C, 767. STATUTES. Statutes. In general. Enactment. Time of passage and taking effect. Validity generally. Partial invalidity. Judicial examination; legislative journals. Entitling; expression of subject. in general. amendments; revision; codifica- tion. Plurality of subjects. Local or special legislation. Construction; operation; effect. in general; use of words. strict or liberal construction. adopted or re-enacted statutes. prospective or retrospective operation. Repeal; amendment; revision; re-en- actment. In general. Appropriation acts, see APPROPRIATIONS. Full faith and credit to statutes of other state, see CONFLICT OF LAWS. Review of, by courts, see COURTS. Judicial notice as to, see EVIDENCE. Presumption as to, see EVIDENCE. As to initiative and referendum, see INITIATIVE, REFERENDUM, AND RE- CALL. Force and effect of municipal charter, see MUNICIPAL CORPORATIONS. Annotations. Power of municipal corporation or gov- ernmental body to use public funds to promote the passage, or to secure the defeat, of a laic. 1O17B, 35S. Violation of statute giving one vehicle right of way as against another as affecting liability for injury. 1917D, 693. Use of public funds by governmental body to secure nullification of. 191 7B, 354. Violation of, as wilful misconduct, within meaning of Workmen's Compensation Act. 1916D, 903. Violation of statute as regligence. 1!)16D, 1006; 1916E, 1216, 1292; 1917A, 710; 1917C, 1146. Effect of violation rf, to deprive one of defense of contributory negligence. 1915D, 968. Violation of, as proximate cause of injurv. 1917E, 272. Effect of violation of, by plaintiff on right to recover for negligent injury. 1916E, 1212, 1222. Private action for violation of. 1917C, 1146. Who may set up violation of, as a defense. 1917 A, 1276. Injunction by Federal court against crim- inal proceedings to enforce state stat- ute. 1917A, 421. Injunction against enforcement of. 1Q15B, 569; 1916B, 764; 1917 A, 495. Enactment. Presumption as to regularity of passage. 1915A, 1210. Going behind enrolled bill to determine whether constitutional requirements were complied with in enactment of statute. 1915D, 119. Failure of journal to show affirmatively, compliance with constitutional require- ments as to reading of bill. 1915A, 1210. Effect of absence of enacting clause. 1915B, 1060. STATUTES. Absence of signature of speaker of the house from enrolled bill. 1915D, 119. Two-thirds vote for enactment of statute amending municipal court act. 1916B, 931. Time of passage and taking effect. Who may question validity of emergency clause in statute. 19178, 1. When statute which is subject to referen- dum may be put into effect. 1917B, 1. Effect of institution of suit to determine validity of statute to prevent its going into effect. 1917B, 1. Validity generally. Constitutionality of, see CONSTITUTIONAL LAW. Annotation. Who may question validity of Work- men's Compensation Act. 1917D, 63. Who may question validity. 1915D, 458, 886; 1915F, 894; 1916A, 374; 1916D, 550; 1916F, 831; 1917B, 1, 191; 1917D, 15, 996; 1917E, 1163; 1917F, 514. Presumption and burden of proof as to. 1915D, 98; 1916D, 412 ; 1917B, 710. Review of, on habeas corpus. 1915F, 1093. Refusal of court to pass upon constitution- ality of statute not necessary to deci- sion of case. 1915D, 1149. Duty of courts to uphold statute in case of 'doubt. 1916D, 550, 913; 1917A, 1244; 1917C, 897. Ambiguity or uncertainty. 1916D, 436; 1917A, 1198; 1917B, 1276. Partial invalidity. General rule as to. 1915B, 213. Refusal to consider constitutionality of sec- tions of statute not invoked in case be- fore the court. 1915B, 569; 191 6D, 951. Effect of invalidity of provision for appro- priation to carry statute into effect to nullify remainder of the act. 1917B, 808. Effect of wrongful inclusion of personal property in statute providing for assess- ments for public improvements. 1917F, 999. Statute forbidding removal of cause to Fed- eral court by foreign corporation and , imposing local citizenship and domicil upon all corporations doing business within the state. 1915F, 1187. Farm loans act. 191 7A, 495. Pure food act. 1917A, 495. Statute fixing times for election of officers and their terms of office. 1915C, 378. Statute prescribing qualifications for voters. 1916A, 1124. Statute conferring suffrage upon women. 1915B, 247. Statute providing for licensing of physi- I cians and surgeons. 191 7D, 996. Statute making sworn statement of shipper as to amount of grain delivered to car- ter conclusive. 1917E, 1011. Statute requiring purchaser at foreclosure sale to notify persons entitled to redeem before taking his deed. 1915C, 414. Statute imposing mortgage registration tax. 1916E, 602. Judicial examination; legislative journals. Conclusiveness of enrolled bill. 1915D, 119; 1916E, 1251. Considering legislative debates and legisla- tive journals in seeking mischief sought to be corrected by statute. 1916E, 248. Failure of legislative journals to show read- ing of bill before passage. 1915A, 1210. Admissibility of evidence to show that stat- ute is unreasonable. 1915D, 458. Entitling; expression of subject. in general. Annotation. Necessity and sufficiency of reference in title of statute to appropriations t<> put its purpose into effect. 1917 B, 812. Sufficiency of title as question for legi>"..i- ture and not for courts. 1915D. 588. Sufficiency of reference in title of statute to appropriation to carry act into effect. 1917B, 808. Pure food act. 1917B, 808. Statute authorizing issuance of municipal bonds. 1915A, 1009. Statute requiring notice before bringing ac-. tion for death against city. 1915E, 1069. Statute depriving officer of fees and in- creasing his salary. 1917B, 176. Act providing for disposal of fines. 1917B, 176. Statute prohibiting the carrying of intoxi- cating liquors into club room. 1915D, 530. Statute as to competency of wife as witness against husband. 1916F, 382. Title of act fixing term of residence neces- sary to confer jurisdiction in divorce suit. 1916A, 693. Statute providing sentence for crime. 1915B, 389. Statute exempting proceeds of life insurance from liability for debt. 1917F, 1137. Sufficiency of title to cover provision giv- ing lien on automobiles for injuries inflicted by them. 1917E, 925. Statute requiring commercial and mercan- tile houses to close at six o'clock P. M. 1916A, 651. Statute requiring maintenance of wash- houses for employees in mines. 1915B, 420. Sufficiency of title of Workmen's Compensa- tion Act to cover provision of compensa- tion for occupational disease. 1016A, 283. Sufficiency of title of Workmen's Compensa- tion Act to include abolition of negli- gence as ground of recovery against third persons. 191 6A, 358. STATUTES. 393 Sufficiency of title of Workmen's Compensa- tion Act to permit counties to be in- cluded in operation thereof. 1916D, 629. amendments; revision; codification. Amendment by mere reference to title of act. 1917B, 176. Statute fixing standard for ice cream. 1917B, 198. Amendment of statute giving city authority to levy taxes for university campus extension as germane to general pro- visions of statute specifying for what purpose such taxes may be levied. 1917E, 842. Plurality of subjects. Limiting act for appropriations to that subject. 1917A, 495. Statutes for prevention of plant diseases and pests. 1917C, 894. Inheritance tax statute. 1916A, 901. Statute as to punishment for crime, 1915B, 389. Local or special legislation. Constitutional equality of protection and privileges, see CONSTITUTIONAL LAW. Presumptions on adoption by state as part of its Constitution of provision of act of Congress as to local or special laws. 1917E, 456. Railroad Commission Act. 1916E, 358. Statute regulating bulk sales. 1917D, 619. As to taxes. 1917E, 456, 909. As to election of judges. 1915A, 1190. As to highways. 1917E, 456. Municipal or county affairs. 1917E, 456. Statute fixing term of residence necessary to give jurisdiction in divorce suit. 1916A, 696. Act requiring mercantile houses to close at six o'clock. 1916A, 651. Statute fixing license fees for employment agencies. 1916E, 1146. Construction; operation; effect. in general; use of words. Construction of Workmen's Compensation Act, see WORKMEN'S COMPENSATION. Estoppel of state by judicial construction of. 1915C, 876. State court following Federal decisions in construing state statute. 1917B, 787. Consideration of common law in construc- tion and application of statutes declara- tory thereof. 1916D, 1149. Presumption as to alteration of common law by statute. 1915D, 1149. Effect of name given to statute by way of designation in the report of the com- mittee accompanying introduction of bill. 1917F, 502. Construing statute according to its terms. 1915E, 687. Literal interpretation of statute, though as thus interpreted it is inequitable. 1916A, 374. .Adding to, or expunging from, statute of declarations or terms. 1917A, 1198. Legislative definition of terms. 1917A, 1116. Construing so as to uphold statute. 1915B, 1097; 1916D, 913; 1917D, 15; 1917E, 1176. Legislative intent. 1915C, 898; 1916E, 602; 1917A, 1116; 1917C, 897. Statutes in pari materia. 1915B, 875. Contemporaneous and practical construc- tion. 1915B, 976; 1915F, 1140. Considering history of legislation on the subject. 1917B, 787. Giving apparent and natural meaning to terms. 1917A, 1195. Giving reasonable, sensible interpretation. 1917A, 1198. Express grant of right as impliedly carry- ing with it right to use all ordinary methods and .means of enjoying it. 1916F, 1001. Mandatory provisions. 1916A, 436. Meaning of words "railroad car" in statute as to maliciously setting railroad car in motion. 1915A, 817. strict or liberal construction. Annotation. Workmen's Compensation Acts. 191 7D, 89. Prohibitory liquor law. 191 7B, 962. Statute passed in exercise of police power. 1917D, 310. Penal or criminal statutes. 1915A, 564; 1917B, 962. Tax statutes. 1916E, 1; 1917F, 436. Exemption laws. 1916B, 786, 1288. adopted or re-enacted statutes. Construction of adopted constitutional pro- vision. 191 7 A, 1244. Rule as to construction of adopted statute as including decision as to its consti- tutionality. 1917A, 94. Presumption that adoption of statute from other state carries construction given it by courts of state of origin. 1915B, 358; 1915D, 450; 1916E, 735. Binding effect of construction given by court of state from which statute is adopted where such court treats it as a revision of a former statute, and gives it the restricted operation of such former statute, although the restrictive provisions in the earlier statute have been eliminated. 1917D, 971. prospective or retrospective oper- ation. Constitutionality of retrospective laws, see CONSTITUTIONAL LAW. Validity of curative acts, see CONSTITU- TIONAL LAW. Retrospective operation of ordinance, see MUNICIPAL COEPOBATTONS. Annotations. Workmen's Compensation Acts. 1917D, 89. Retrospective effect of statute prescrib- ing grounds of divorce. 1917C, 16O. 394 STATUTES STEPDAUGHTER. Statute providing for ouster of officials from office. 19] 6D, 1090. Election statutes. 191 5 A, 10G9. Right to impose inheritance tax on convey- ance by deed placed in escrow by statute passed after delivery of deed to cus- todian. 1917C, 961. Application of inheritance tax statute to property passing under power of ap- pointment where testator died before passage of the statute, but the power of appointment was exercised after its passage. 1917C, 975. Statute fixing time of residence necessary to maintenance of divorce proceeding. 191 6 A, 690. Statute requiring purchaser at foreclosure sale to notify persons entitled to re- deem before taking his deed. 1915C, 414. The Webb-Kenyon Act. 1916C, 291. Sentence to imprisonment prior to passage of statute making imprisonment ground for divorce. 1917C, 159. Statute repealing penalties. 1917E, 668. Statute forbidding rebates or discrimina- tion by public utility. 1917B, 908. Repeal; amendment; revision; re-en- actment. Entitling; expression of subject, see supra. Power of legislature to repeal law enact- ed upon people's initiative. 3917B, 1. Effect of statute rejected on referendum after passage by the legislature, to re- peal prior statutes. 1915B, 988. General rule as to repeal by implication. 1916D, 913. Repeal by implication of that portion of an original section of a statute omitted from a section expresslv amendatory thereof. 19] 5 A, 639. Repeal of former by later of two statutes covering same general subjects. 1917B, 718. Giving effect to clear intent of statute that it shall supersede another statute upon a stated contingent event. 1916D, 913. Effect on existing rights, remedies, or lia- bilities. 1915A, 639; 1917E, 068, 1160. Revival of common law by repeal of statute. 1915D, 1149. Effect of repeal of indeterminate sentence law after commission of crime but be- fore trial. 191 7B, 738. Implied withdrawal of offenses by election officers from operation of statute. 1916A, 1124. * Implied repeal of statute exempting carrier from duty to carry all persons. 1915E, 788. Revocation of agency for county by repeal- ing of act authorizing the contract of agency. 1915A, 639. Statute as to time for appeal. 1917C, 1029. Statute setting apart fines and penalties for police pension fund as repealing act entitling superintendent of schoola to such moneys. 1917B, 17ti. Repeal of statute giving state's attorney lien on fines and penalties collected by him, by statute appropriating them to specific purposes. 1917B, 176. Effect of statute permitting maintenance by personal representative of action for personal injuries which might have been instituted by the injured person if death had not ensued, to repeal former statutes permitting action arising be- cause of the death to be brought by the widow or the next of kin. 191 5E, 1069. General and special laws. 1917C, J029. Reference to prior act. 1917 B, 176. Constitutional provision requiring statute amended to be inserted in the amend- ing one. 1915B, 247. Amendment of section of an amending stat- , ute which tises the section number of the original act instead of that in which it was incorporated in the amending act. T916A, 696. Statute extending suffrage to women as an amendment of the existing election law. 1915B, 247. Attempt to amend criminal statutes with- out re-enacting and publishing them at length. 1915B, 389. STAY. Effect of stay of execution to release sure- ty. 1917C, 485. STEAM ROLLER. Fright of horse by. 1917B, 699. Injury to gas pipe beneath surface of high- way by. 1916A, 1224. STENOGRAPHER. Operator of elevator as fellow servant of stenographer riding thereon. 1915F, 782. Admissibility of stenographer's transcript in evidence. 1915F, 771. Effect of presence in grand jury room of stenograpl-^r not authorized bv statute. ]916D, 1118. STENOGRAPHER'S TRANSCRIPT. Admissibility of, in evidence. 1915F, 771. STEPDAUGHTER. As beneficiary of benefit certificate. 1916B, 901. STEPSON STREET CLEANING. 395 STEPSON. Liability of owner for injury caused by stepson who had taken automobile without permission. 1915A, 1130. STICKERS. On election ballot. 1917A, 211. STIPULATED DAMAGES. See DAMAGES. STIPULATION. For- attorneys' fees, see ATTORNEYS' FEES. In telegrams, see TELEGRAPHS. Giving jurisdiction by. 1915E, 421; 1916B, 799; 1917E, 359. STOCK AND STOCKHOLDERS. See CORPORATIONS. STOCKBROKERS. See BROKERS. STOCK DIVIDENDS. Relative rights of life tenants and remain- derman to. 191GA, 718; 191GB, 626; 1916D, 201. STOCKHOLDERS. Of bank, see BANKS. STOLEN PROPERTY. Of guest at inn, see INNKEEPERS. Receiving stolen property, see RECEIVING STOLEN PROPERTY. Eights of transferee of stolen note. 1915E, 351. STONE QUARRY. Blasting in, see BLASTING. STOPPING PAYMENT. Of check. 1915D, 402; 1916E, 537; 1916F, 826. STORAGE. By warehousemen, see WAREHOUSEMEN. Annotation. Right of railroad to ' charge storage u-Jiere the refusal to remove the goods is due to a dispute. 1917C, 419. Right of carrier to charge storage for delay in removing goods. 1917C, 416. STORE. Duty to patrons as to condition of premises, see NEGLIGENCE. Annotations. What passes under devise or bequest of. 1917D, 435. Validity of public restriction as to loca- tion of. 1917F, 1O60. Bequest of drug store as passing the money rights and credits of the concern. ]917D, 426. Requiring closing of, at six o'clock in the evening. 1916A, 651. Injury to customer at store by swinging dW. 1915F, 572. STORM. Loss of goods by, during transportation. 1915D, 547. STOVEPIPE. Claim for, as within protection of con- tractor's bond. 1917A, 336. STRAIN. As an accident within meaning of Work- men's Compensation Act. 1916A, 295, 299; 1916D, 966. STREET CLEANING. As a governmental function. 191.5C, 741. 396 STREET LIGHTING STREETS. STREET LIGHTING. Special assessment for. 1917A, 1093. Annotation. Street lighting as a local improvement assessable against property bene- fited. 1917A, 1O9S. STREET RAILWAYS. In general. Operation. in general. contributory negligence. In general. As carriers, see CAPBIEBS. As to use and dangers of electricity, see ELECTRICITY. Use of highway by, generally, see HIGH- WAYS. Rights and duties of company toward em- ployees, see MASTEB AND SERVANT. Annotation. Right to transfer or mortgage privilege to use streets. 19171), 707. Duty of railway company removing cottage washed upon its tracks by flood. 1917C, 1038. Negligence in passing standing street car to the left. 1917C, 477. Right of street car company to enjoin oper- ation of jitney busses. 1916B, 1143. Regulation of, as affecting interstate com- merce. 1915F, 792. Crossing of railroad track by. 1915D, 843. Use of street for street railway as a pub- lic use. 1917F, 485. Construction of subway in street. 1915F, 1005. Operation. in general. Injury to employees, see MASTER AND SERV- ANT. Annotations. Criminal homicide in operation of. 1917C, 536. Violation by servant of mile adopted by company as evidence of negligence toward one other than servant. 1917C, 793. Liability for injury to person other than passenger or employee by de- railment of street car. 1917D, 815. Liability of street railway company for injuries caused by collision with fire apparatus. 1917E, 415. Liability for injury due to oiling tracks. 1917F, 712. Private action in favor of person injured by violation of ordinance. 1915D, 1021. Proximate cause of injury. 1915B, 1111. Relevancy of evidence in action for injury. 1915D, 1021; 1916E, 58. Sufficiency of proof of negligence. 1916B, 824. Question for jury as to negligence. 1915A, 742. Instructions as to negligence. 1915D, 1021. Instruction as to duty of street car com- pany to employ men of experience and ability to operate cars. 1917D, 214. Liability for injuries inflicted upon prop- erty owner through shock, by street car leaving tracks and running against his dwelling. 1917D, 813. Injury to child jumping on and off street car. 1916C, 104. Right of motorman to assume that adult person near track will avoid being struck by the overhang of the car as it swings around a curve. 1915C, 604*. Fright of horse by car. 1915A, 742. Duty as to safety appliances on cars. 1915A, 742. Duty as to signals. 1916E, 58. Rate of speed. 1917E, 1044. contributory negligence. Annotations. Attempting to cross in front of observed street car as contributory negli- gence. 1917C, 692. Imputing negligence of driver of fire apparatus to firemen injured by collision with street car. 1917E, 415. Contributory negligence of child. 1917F, 112. Circumstances under which child cross- ing street car track is guilty of neg- ligence either as matter of law or fact. 1917F, 172. Relevancy of evidence as to. 1916B, 824; 1917E, 405. Instructions as to. 1915D, 1021. Question for jury as to. 1917C, 689. Effect- of ordinance giving right of way to mail carriers in street. 1915D, 102] . Voluntarily becoming intoxicated and lying down on track. 1917C, 464. Person crossing track. 1916E, 58; 1917C, 689. Drivers of vehicles and persons thorein. 1915C, 419; 1915D, 3021; 1917E, 1044. Of fireman injured by collision with street car. 1917E, 405. Infants. 1917F, 164, 165, 167. Injury avoidable notwithstanding contribu- tory negligence. 1916E, 58. STREETS. See HIGHWAYS. STREET SPRINKLING SUBROGATION. 397 STREET SPRINKLING. SUBMISSION TO JURY. Special assessment for. 193 7D, 365. Power of municipal officers to contract for, beyond term of office. 19] 5E, 581. Proof of breach by municipality of contract for. 1915E, 581. STRICT CONSTRUCTION. Of statutes, see STATUTES. STRIKES. Annotations. Application in case of strike of provi- sion in mining lease excusing pay- ment of minimum royalties. 1917E, 1O79. Liability of master for intentional Kill- ing or injury of a servant by strik- ers. 1917F, 753. Controversy over f 'open" or "closed" shop as justification for means em- ployed to aid a strike. 1917F, 76O. Validity of. 1916C, 218, 986. Injunction against. 1917F, 755. Injunction against blacklisting of striking employees. 1916C, 218. Forbidding employer to refuse to employ one who has participated in a strike. 1917B, 1108. Power of Congress to fix standard working day for interstate railroad employees and make temporary wage regulation to avert general strike. 1917E, 938. Right of contractor who has relieved build- ing owner from contract to use patent- ed process because of threatened strike against building, to recover from those threatening strike. 1916C, 986. STRIKING OUT. Of pleading, generally, see PLEADING. Of amendment. 1917D, 652. Of evidence. 1915B, 1121; 1915F, 558; 1916E, 1264; 1917D, 1049. Of brief for vituperative language. 1916A, 771. 4 SUBAGENTS. As agent of principal. 1915E, 721. Binding effect on insurance company of acts of. 1917D, 1091. SUBCONTRACTORS. Lien of, see MECHANICS' LIENS See TBIAL. SUBPOENA DUCES TECUM. Failing to produce papers in response to, as contempt. 1915B, 980. SUBROGATION. In general. Right to subrogation generally. On payment of debt or note. As to mortgages. To vendor's lien. To tax lien. In general. Necessary parties to action to secure. 1917A, 731. Right to subrogation generally. Of insurance company, see INSURANCE. Definition of. 1917A, 734. Refusal to apply doctrine of, where party will thereby be deprived of a legal right. 1917A, 734. Theory that right of subrogation can be set up only as defense. 1917D, 1067. Provision in Workmen's Compensation Act for subrogation of employer to em- ployee's rights against a third party. 1916D, 412. Right of bank clerk who, by mistake has paid a check upon which payment has been stopped and taken assignment from the bank of its rights, to enforce against the drawer whatever rights the holder may have had. 1916F, 826. On payment of debt or note. General rule as to. 1917A, 734. As to mortgages. Effect of fact that one claiming subroga- tion to mortgage is compelled to resort to an affirmative action to secure sub- rogation. 1917D, 1067. Right of one who in good faith purchases goods in violation of Bulk Sales Law and pays off a chattel mortgage on the propertv, to subrogation to lien of the mortgage. 1917D, 1067. Subrogation of purchaser paying off encum- brances to rights of the mortgagee. 1915F, 771. Subrogation to rights of first mortgagee as against holder of second mortgage who, being under no duty to pay the mort- gage, loans money for its discharge. 1917A, 734. Subrogation of obligee in bond to rights of surety in mortgage given to indemnify him. 1916C, 1057. 398 SUBROGATION SUICIDE. Right of one satisfying lien note at request of property owner, in ignorance of sec ond mortgage, to subrogation to rights of first lien holder. 1917A, 731. To vendor's lien. Effect of judgment to bar right to subroga- tion to. 1915E, 875. Subrogation of one purchasing notes given for purchase price of real estate to lien of vendor. 1915E, 395. To tax lien. Power of property owner to confer by con- tract right of subrogation to tax lien upon stranger who pays his taxes at his request, which shall be superior to lien of existing mortgage. 1915D, 697. SUBSCRIBING WITNESS. To wills, see WILLS. SUBSCRIPTION. To will. 1915D, 902; 1916E, 692. Parol evidence of condition attached to. 1915B, 221. Estoppel of subscriber to seek release from subscription on ground that plans have been changed. 1917F, 1132. Effect on liability on subscription to fund of specified total of increase of such total to larger amount. 1917F, 1132. Right of one subscribing to fund to be used for industrial development of city to object to manner of use. 191 6B, 1006. SUBSIDIES. Power of chamber of commerce to grant sub- sidies. 191 6B, 1006. SUBSTITUTED SERVICE. Service by publication, see WRIT AND PROCESS. SUBSURFACE WATERS. See WATERS. SUBTERRANEAN WATER. See WATERS. SUBWAY. Under street; liability to abutting owner. 1915F, 1005, 1009* Subway railroad as additional burden on highway. 1916A, 1290. Requiring railroad to construct subway under highway. 1915E, 751. SUCCESSION TAX. See TAXES. SUCCESSIVE GARNISHMENTS. Annotation. Amount of wages exempt on successive garnishments. 1917D, S99. Of wages. 1917D, 898. SUCCESSIVE SUITS. See ACTION OR SUIT. SUCCESSOR. Liability of one transferring business with- out notice for supplies furnished succes- sor. 1915F, 711. SUCTION. Annotations. Liability for injury to person near trade in consequence of suction from passing train. 1917B, 1163. Contributory negligence of child beside track drawn under train by suction. 1917.F, ISO. Injury to person drawn under train by. 1917B, 1161. SUFFRAGE. Right of, see ELECTIONS. SUGGESTIVE FACTS. Evidence of, see EVIDENCE. SUICIDE. Of insured. 1015D, 1095; 1915E, 656 1915F, 703, 707. SUICIDE SUPPORT. 299 Abatement of cause of action by. 1916A, 1140. Recovery for deata by, under Workmen's Compensation Act. 1916A, 333. Presumption of insanity from. 191 5D, 1095. Evidence of declarations of suicidal intent. . 1916B, 816. SUIT MONEY. In -divorce suit, see DIVORCE AND SEPAEA- ' TION. SUMMONS. Eee WBIT AND PBOCESS. SUNDAY. Judicial proceedings. Labor and business. in general. -works of necessity and charity. Contracts. Violation of Sunday law as a defense. Judicial proceedings. Charging jury in criminal case on Sunday. 1915D, 361. Labor and business. in general. Sunday show payment for which is volun- tary. 1916B, 1124. Religious phonographic lectures illustrated by moving pictures given in theater without charge. 1916D, 573. works of necessity and charity. Annotations. JJarbering as a irorle of necessity. 1917B, 97. Applicability of Sunday laics to sale of food and refreshments. 1917C, 3S1. Operation of barber shop. 1917B, 93. Conducting of store where soft drinks, crackers, fruit, etc., are sold. 191 7C, 377. Publication of newspaper. 1916C, 1148. Contracts. Annotations. Remedy of party as to rescission of Sunday contract. 1.O17D, 45O. Invalidity of Sunday contract as affcct- hif/ riffht of innocent third person to enforce it. 1917C, 586. Promissory note made on Sunday; ratifi- cation. 191 7C, 582. Refusal of counts to relieve from Sunday contract. 1917D, 445. Violation of Sunday law as a defense. Fact that note was made on Sunday as de- fense in action by transferee. 1917C, 582. Recovery for injury by excessive driving to horse let on Sunday contrary to stat- ute. 1915F, 644. Personal injury cases. 1917A, 128. SUNSTROKE. Sufficiency of proof that death resulted from' 1916E, 952. Injury or death of insured by. 1916E, 945, 952. SUPERINTENDENT. Right of, to benefit of Workmen's Compen- sation Act. 1916E, 1257. SUPERSEDEAS. Effect of supersedeas bond. 1915E, 401 ; 1916E, 735; 1917C, 1176. Priority between supersedeas bond and mortgage. 1916F, 1067. SUPPLEMENTAL PLEADING. See PLEADING. SUPPLIES. Annotation. Purchase of supplies by foreign mining or manufacturing corporation as doing business ivitliin state. 1917E, 1157. SUPPORT. Of infants generally, see INFANTS. Of insane person, see INCOMPETENT PER- SONS. Gift for, by will, see WILLS. Annotations. Provision in 'devise for support of a third person as a charge, a condi- tion subsequent, or a condition pre- cedent. 1917A, 617. 400 Relief of grantor in conveyance in con- sideration of agreement to sup- port whicli is broken by grantee. 1917D, 627. Excuse for failure of grantee to per- form agreement to support. 1917E, 658. Of wife, husband's liability for. 1917A, 957; 1917B, 1288. Contract for; rescission of, for failure of performance. 1917D, 624. Novation of contract for. 1915B, 1. Validity under statute of frauds of contract for. 1915E, 562. Construction of contract as to. 1917E, 655. Implied lien on property conveyed in con- sideration of support to grantor, to en- force performance of the consideration. 1915B, 1069. SUPPORT TACIT UNDERSTAK DING. SURRENDER. SUPREME COURT. Original jurisdiction of. 1917B, 710. SURETIES. In general, see PRINCIPAL AND SURETY. SURFACE SUPPORT. Duty of minor to leave. 1917C, 1190. SURFACE WATERS. See WATERS. " * SURGEONS. See PHYSICIANS AND SURGEONS. SURPLUSAGE. In bond given by public depository. 1917B, 977. Of bankrupt's estate, application to payment of interest on claims. 1915B, 884. SURPRISE. As ground for new trial. 1916E, 100. As ground for relief against judgment. 1916E, 100, 303; 1916F, 837. Of insurance policy, see INSURANCE. SURRENDER CLAUSE. In oil and gas lease; effect of, to render contract unilateral. 1917B, 1184. SURVIVING PARTNER. Rights and powers of, see PARTNERSHIP. SUSPENSION. Of attorney, see ATTORNEYS. Of sentence, see CRIMINAL LAW. Of power of alienation, see PERPETUITIES. SWIMMING FOOL. Injury to patron; contributory negligence. 1915F, 689. SWINGING DOOR. Injury to customer at store by swinging door. 1915F, 572. SWITCH CONNECTIONS. Requiring carrier to make. 1916F, 1281. SWITCHING CHARGES. Discrimination by carrier as to. 1916A, 1107. What constitutes switching service within statute regulatirg charge for. 1916D, 452. SYNDICATE. Rights and liabilities of promoters of cor- porations generally, see CORPORATIONS. TACIT UNDERSTANDING. Sufficiency of, to constitute conspiracy. 191 7C, 65. TACKING TAXES. 401 TACKING. See ADVEBSE POSSESSION. TAIL. Estates in, see WILLS. TAKING. What constitutes, see EMINENT DOMAIN TAR. Annotation. Keeping of, on insured premises. 1917C, 287. TAXES. In general. Power of state or territory to tax Fed- eral agencies, instrumentalities and property. Equality: uniformity; discrimination; double taxation. For what purpose or use. What taxable. in general; what must be. corporations and stock. Exemptions. in general. corporations and their property. property devoted to educational, charitable, or religious pur- poses. public property. Where taxable; situs. Levy and apportionment. Assessment. in general. valuation. review; correction of assess- ments; equalization; appeal. Tax officers. Action for collection. Sale; deed; rights of purchasers. Who must pay; corporation taxes. Payment; tender; remedies as between individuals. Lien. Succession or transfer tax. in general. exemptions; uniformity. persons, property, transfers, and interests subject to tax. assessment and collection. Income tax. in general. equality; uniformity. In general. Constitutionality of tax statutes, see CON- STITCTIOXAL LAW. L.R.A. Tri. Index 1915-17. 26. Assessment for drains and sewers, see DRAINS AND SEWERS. Injunction against, see INJUNCTION. As to inspection fees, see INSPECTION. Internal revenue taxes, see INTERNAL REV- ENUE. As. to license generally, see LICENSE. Stipulation for foreclosure of mortgage on default in payment of, see MORTGAGE. Matters peculiar to municipal taxation, see MUNICIPAL CORPORATIONS. Assessments for public improvements, see PUBLIC IMPROVEMENTS. As affecting commerce, see COMMERCE. Considering overdue taxes in determining amount of indebtedness of alleged bank- rupt. 1916E, 628. Effect of assessment on land as affecting dedication for public use. 1916B, 1160. Power of agent to borrow money on credit of principal to pay taxes on property managed by him. 1916C, HO. Revocation of agency to discover property not listed for taxation. 1915A, 639. Binding effect on county of judgment that tax certificates are null and void. 1916D, 1. Liberal construction of tax statute. 1916E, 1. Partial invalidity of tax law. 1915B, 569; 1916E, 602. Mortgage registration tax. 1916E, 602. Review by court of administration of tax act. 1916F, 141. Power of state or territory to tax Federal agencies, instrumentali- ties and property. Taxation as affecting interstate commerce, see COMMERCE. National bank shares. 1917B, 294. Equality; uniformity; discrimination; double taxation. In case of inheritance or succession tax, see infra. Equality of income tax, see infra. Equal protection and privilege as to, see CONSTITUTIONAL LAW. Uniformity and equality as to license, see LICENSE. Uniformity as to local improvement assess- ments, see PUBLIC IMPROVEMENTS. Annotation. Statute requiring particular locality to bear part of judge's salary as vio- lating constitutional requirement of uniformity in taxation. 1917D, 797. Effect of 14th Amendment to require state to adopt invariable rule of uniform taxation. 1916F, 141. Uniformity of mortgage registration tax. 1916A, 843; 1916E, 602. Violation of equality and uniformity rule by exemption from taxation. 1916D, 272. Power of legislature to distinguish and classify objects of taxation. 1916F, 141, 154. 402 TAXES. Discrimination between different localities. 1916F, 154. Taxation according to value. 1916F, 141. Discrimination in rate or method of tax- ation in taxing minerals. ]916F, 141. Placing tax on anthracite coal but not on bituminous coal. 1916F, 154. . Subjecting solvent credits except such as are secured by instruments of record to ad valorem tax and the latter to a re- cording tax much less in amount. 1915A, 185. Attempt by legislature to direct county to levy tax for reimbursement of sureties on a collector's bond who are alleged to have paid shortage for which collector was not responsible. 1917E, 824. Special legislation as to taxes. 1917E, 456. Inspection fees. 1917D, 746. Attempt by legislature to require municipal- ity to turn over a portion of its taxes to the county to assist in support of juvenile court for which the county lias already levied a tax on all property within its limits. 1917D, 791. Double taxation. 1915C, 386; 1916E, 404. For what purpose or use. Application to mortgage registration tax of constitutional provision that legisla- ture shall not impose taxes for the purposes of any municipal corporation. 1916E, 602. Manufacture of ice by town as public pur- pose for which taxing power may be exorcised. 1915B, 859. Primary election as public purpose for which taxes may be levied. 1917A, 253. To compensate county employees for in- juries received in the course of their employment. 1916D, 628. Locality of expenditure. 191 7D, 971. "What taxable. in general; what must be. Taxation of Federal agencies and instrumen- talities by state or 'territorial govern- ments, see supra. Property exempt, see infra. Property, transfers, and interests subject to inheritance or succession tax, see infra. As affecting commerce, see COMMERCE. As of what date liability of property to taxation is to be determined. 1915C, 125. Who must pay tax on public utility con- demned by municipality during tax year but after assessment day. 1916F, 592. Minerals; oil lease. 1916D, 304; 1916F, 141; 1917F, 989. corporations and stock. Annotation. "Lease of its property as affecting lia- bility of foreign corporation tr will pay the taxes. 1915C, Effect of exemption of cemetery from taxa- tion to fix its character as a public one. 1917B, 946. Exemption from taxation as a contra jt. 1917B, 294. Power to exempt from taxation as an c--i'ii- tial attribute of sovereignty. l!H71!, 294. Power of municipality to exempt. 1917 B, 908. Validity of statute exempting state public building bonds. 1917B, 294. Constitutionality of exemption of mortgages from taxation. 1917A, 495. Exemption of farm loan mortgages from payment of recording fee. 1917A. 4'.'". corporations and their property. Educational, charitable, or religious corpor- ations, see infra. Power of legislature to contract with cor- poration for its immunity fro..i taxa- tion. 1917B, 294. Manufacturing corporations. IfllGD, 108; 1917A, 48. Effect of granting tax exemption to manu- facturers of certain articles on right to forbid manufacture of such articles. 1916F, 177. property devoted to educational, charitable, or religious purposes. Annotations. Requiring payment from inmates as af- fecting right of charitable institu- tion to exemption from taxation. 1917B, 782. Exemption of property itxcd for private school. 1917E, 1O97. TAXES. 403 .Admissibility of evidence to show charitable nature of corporations. 1917F, 741. Construction of constitutional provision as to. 1917B, 710. Original jurisdiction of appellate court to determine validity of statute as to. 1917B, 710. Presumption as to regularity of exemption statute. 1917B, 710. Self-executing provisions of Constitution as to. 1917B, 710. Property of Y. M. C. A. 1916D, 272. Property owned by posts, lodges, chapters, councils, commanderies, consistories, and like associations not organized for profit. 1917B, 710. Property of freemasons. 1917B, 710. Effect of fact that charge is made for serv- ice rendered by hospital to help defray expenses. 1917B, 779; 1917F, 741. Exenrption of building used as meeting place for lodge members and their guests, surplus funds of which are de- voted to charity. 1915C, 694. Renting of property of public charity for commercial and residential purposes and devoting income to the purpose of the charity. 1916D, 1170. Fact that school is maintained for profit. 1917E, 1085. public property. Annotation. Constitutional limitation of tlie power to exempt property from taxation as affecting public property. 1917B, SOS. Effect of subsequent sale to municipality of property subject to taxation at time when returnable for assessment. 1915C, 125; 1916F, 592. Taxation by town of mains and hydrants within its limits belonging to another municipality supplying the town at a profit, with water from its plant. 1915D, 1103. Taxation of property owned by municipali- ty from which a revenue, less than the cost of maintenance and interest on in- vestments, is derived. 1915A, 1118. Where taxable; situs. Annotations. Itomicil or residence for taxation as af- fected by purpose to obtain school facilities. 1917 A, 29O. Designation of liotnc office #/ corpora- tion as fixing situs for purposes of taxation. 1917 A, 469. Situs of mill site or water power for 2>urposes of taxation. 1917F, 591. Change of domicil for purpose of taxation. 1917A, 285. Effect of designation of certain citv as home office. 1917A, 460. State taxation of amounts due foreign in- surance company by state policy holders for premiums. 1915C, 903. Property of nonresident. 1917B, 1282. Money sent by nonresident into state to pay debts or meet expenses of business. 1915C, 929. Credits; securities. 1915C, 922, 949; 191 7B, 1282. Of water power. 1917F, 585. Levy and apportionment. Injunction against enforcing levy, see IN- JUNCTION. Right to question validity of tax levy in proceeding to add omitted property to the list. 19] 5C, 929. Requirement that act levying tax shall specify distinctly purpose for which the tax is levied. 1916F, 141. Assessment. in general. Assessment of transfer tax, see infra. Tax list as evidence, see EVIDENCE. Presumption and burden of proof as to. 1915C, 929; 193 6E, 404. Increasing assessment against nonresident taxpayer without notice. 1915B, 569. Effect of failure of owner of real estate to make return for taxation. 1915F, 648. Omission of property. 1915C, 929; 1916C, 522; 1916E, 404. Description of property. 1915D, 432. Franchise tax; rate of. 1917A, 48. valuation. Presumption as to proper performance of dutv by board of equalization. 1916E, 404' Presumption as to method of valuation. 19] 6E, 404. Constitutional requirement that property shall be assessed at its fair cash value estimated at price it would bring at a voluntary sale. 1915C, 929; 1916E, 602; 1916F, 141. Lowering valuation for taxation in one township of mill site because site is flooded by a dam located in another township.* 1917F, 585. Right to sell liquor on property as element to be considered in fixing value for pur- pose of taxation. 1916E, 1101. Tangible property of railroad. 1916B, 1225; 1916E, 404. Special franchise; what constitutes. 1916B, 1222. Capital stock. 1915C, 380. National bank shares; deduction on account of bank's ownership of state bonds. 1917B, 294. Property of express company. 1916C, 522. review; correction of assessments; equalization; appeal. Effect of failure to comply with tax statute because of mistake as to residence to deprive one of right to abatement of assessment. 191 7D, 785. Conferring judicial power on board of equal- ization. 1915B, 875. 404 TAXES. Notice of meetings of board of equalization. 1916E, 1. Appeal from decision of tax board. 1915B, 875; 1915C, 386. Opportunity to protest against assessment to board of equalization as satisfying requirement of due process of law. 1916E, 1. Tax officers. Board of equalization, see supra. Delegation of power to tax commissioners. 191 5B, 569. Appointment or election of tax officers. 1915B, 569. Action for collection. Collection of transfer tax, see infra. Injunction against enforcement of tax, see INJUNCTION. Bar of statute of limitations, see LIM- ITATION OF ACTIONS. Injunction against distraint of personal property for. 1916A, 965. Mandamus to compel collection of. 1915A, 639.. Sale; deed; rights of purchasers. Annotations. Validity and effect of purchase of tax title by mortgagee. 1917D, 522. Purchase of homestead by widow under foreclosure of tax lien. 1917 F, 433. Effect of tax sale to cut off easements of adjoining property owners. 1915D, 1115. Sale of insured property for taxes as a change of title which will defeat the policy. 1917E, 328. What constitutes attempt to pay taxes which will render sale for nonpayment void. 1915C, 158. Secondary evidence of order for publication of notice. 1915C, 690. Conclusiveness of recital of notice in judg- ment. 1915C, 158. Right of person holding mortgage on proper- ty to acquire tax title. 1917D, 520. Purchase by remainderman. 1915E, 343. Effect of tax certificate to carry mineral in- terest owned separately from mineral surface. 1916D, 304. Effect of deed to vest fee simple title, 1917D, 520. Duty of purchaser to comply with bid wher property is subject to easements. 1915D, 1115. Setting aside tax deed; conditions. 1915C, 492. Laches as bar to recover property from one claiming tax title. 1916A, '999. Who must pay; corporation taxes. Provision as to, in mortgage. 1915D, 432. Liability of mortgagee. 1917D, 520. Duty of lessee to pay. 1915A, 334; 1916F, 204. Receiver's duty to pay. 1915E, 211. Liability of cotenant. 1915B, 961. Liability of life tenant. 1915E, 343. Payment; tender; remedies as between individuals. Subrogation of person paying, see SUBBOGA- TION. Payment of taxes on improvements as pay- ment of tax on the land. 1915F, 648. What will excuse nonpayment. 1917D, 1070. Lien. Subrogation to, see SUBBOGATIOX. Parol evidence that lien for taxes was not intended to be within operation of cove- nant of warranty. 1916E, 211. Who may question validity of statute as to lien. 1915D, 886. Priority between chattel mortgage and tax lien. 1915D, 886. Succession or transfer tax. in general. Annotation. Effect of discharging executor or ad- ministrator before inheritance tax is paid. 1917E, 1162. Effect of inaction or delay by public officers on right of state to recover inheritance tax. 1917E, 1160. Statute requiring officers to commence pro- ceedings to collect inheritance tax with- in certain time, as a statute of limita- tions. 1917E, 1160. Strict construction of statute imposing. 1917F, 436. Retroactive effect of statute as to. 1917C, 961. Plurality of subjects in statute. 1916A, 901. Constitutionality of statute. 1916A, 901; 1916C, 551; 1917E, 909, 1143. Effect of repeal of inheritance tax law. 1917E, 1160. Inheritance tax as one imposed upon the decedent's estate and not on the in- terest of the heirs. 1917F, 821. Who must pay inheritance tax under terms of contract selling heirs' interest. 1917F, 821. Personal liability of executor for. 1915C, 615. Validity of discharge of executor before he has paid inheritance tax. 1917E, 1160. Imposition of tax in both the state of de- cedent's domicil and that where hia personal property is situated. 191 5D, 450; 1916A, 837. Setting aside tax on ground that appraise- ment of estate was inaccurate and there was in fact no transferable property. 1915C, 615. exemptions; uniformity. Subjecting alien heirs to higher inheritance tax than domestic heirs. 1916A, 469 ; 1916D, 1127. TAXES. 405 Effect of reciprocal exemption amendment to Minnesota law. 1916A, 901. persons, property, transfers, and in- terests subject to tax. Annotations. Inheritance tax on proceeds of life in- surance. 1917D, 636. Succession or inheritance tax on in- terest of pledgeor or pledgee. 1917F, 278. Liability to pay transfer or inheritance tax in respect of stock in a domestic corporation belonging to estate of nonresident. 1917F, 27 O. Validity of statute as to. 1917E, 1143. Construing act as applying only where dev- olution of property is governed by the laws of the state. 1916A, 901. Effect of exemption from tax of bona fide purchases for full consideration. 1916C, 551. On interest of beneficiary in life insurance policy. 1917D, 633. Tax on surviving spouse's interests in com- munity property. 1917 C, 602. Passing of entirety estate to survivor. 1916C, 677. Allowance made to widow for support of herself and family. 1917 F, 436. Interest passing to widow under statute. 1916C, 670. On personal property to which widow is entitled by law. 1917F, 436. On dower interest of widow who renounces will. 1917F, 436. Passing of property held in joint tenancy. 1916C, 679. Property passing under power of appoint- ment. 1917C, 975. Legacy in fulfilment of contract to will property. 1916C, 551; 1917D, 800. Right to impose inheritance tax on convey- ance by deed placed in escrow by stat- ute passed after delivery of deed to cus- todian. 1917C, 961. Property out of state. 1915C, 95; 1915D, 450; 191 6A, 837, 889; 1916E, 1288; 1917F, 267. Nonresident decedent. 1915C, 95;. 1916A, 889, 901; 1916E, 1288; 1917D, 281; 1917F, 267, 273. Foreign heirs. 1916E, 1288. assessment and collection. Allowance by courts of testator's domicil of inheritance tax after decree of other state discharging administrator. 1915D, 450. Requiring executor to pay tax only on funds sent to him by courts of sister state for distribution, and not upon those distributed by local administrator. 1915D, 450. Effect of compromise of will contest by widow on assessment of inheritance tax on her interest under the will and an antenuptial agreement. 1915D, 450. Income tax. in general. Annotations. Income tax on sales of property. 1917E, 566. Determining income from timber lands. 1917E, 573. Income tax on dividends declared after but paid from earnings accrued be- fore act went into effect. 1917F, 814. Provision of contract for payment trit/i- out deduction for taxes as applica- ble to income tax. 1917F, 2O5. Appointment or election of assessor of in- comes. 1915B, 569. Right of corporation to deduct Federal in- come tax from bonds containing pro- vision against deduction of any tax which the corporation may be required to pay. 1917F, 203. Injunction by stockholders to restrain cor- poration from paying income tax al- leged to be invalid. 1917D, 414. Power to impose income tax on profit of sale of property held when the act was passed. 1917E, 563. Denial of due process of law or equal protec- tion of the laws by Federal income tax. 1917D, 414. Illegal delegation of power by Federal In- come Tax Law. 1917D, 414. Retroactive effect of Federal Income Tax Law. 1917D, 414. Purpose of Federal Income Tax Law to ex- clude source of income as criterion of applicability of constitutional require- - ment as to apportionment of direct taxes. 1917D, 414. Validity of method of collection at the source. 1917D, 414. Ascertaining taxable income of corporation from manufacture of lumber from tim- ber cut from its land. 1917E, 568. Taxing as income stock and cash dividends declared and paid after income tax law goes into effect out of profits earned before that time. 1917F, 806. Taxing as income gains derived by stock- holder from sale of right to subscribe for new issue of stock. J937F, 806. Income tax on profits of sales. 1917F, 806. Considering rental value of residence oc- cupied by the owner in determining the amount of his income. 1915B, 569. Adding together incomes of husband and wife, and their children under eighteen years of age, in determining taxable in- come of husband. 1915B, 569. Including in tax all incomes from the be- ginning of the year in which tax law is passed, and from sale of real estate purchased within three years previous- ly. 1915B, 569. Failure of tax law specifically to exempt national banks or to name officers whose salaries shall be exempt. 1915B, 569. equality; uniformity. Equal protection and privileges as to. 1915B, 569. 406 TAXES TELEGRAPHS. Classification for purpose of tax; discrim- ination. 1917D, 414. Taxing incomes of individuals and corpora- tions at different rates. 1915B, 569. Allowing deduction of taxes paid within the year upon personal property. 1915B, 569. Exemption of life insurance to amount of $10,000 in favor of persons legally de- pendent on insured. 1915B, 569. Allowing exemptions in taxation of incomes of individuals while denying them in case of partnerships. 1915B, 569. Taxing income from purchase and sale of corporate stock at different rate from income derived from dividends on such stock. 1917F, 806. Progressive rate feature of Federal income tax. 191 7D, 414. TAXICABS. As to jitneys, see JITNET BUSSES. In general, see HACKS AND TAXICABS. TAX LIST. As evidence, see EVIDENCE. Failure of owner of property to make re- turn for taxation. 1915F, 648. TAXPAYER. Eight of taxpayer to maintain action. 1915C, 624; 1915D, 178, 485; 1916A, 908; 1916C, 395; 1917A, 495. TEACHERS. See SCHOOLS. TELEGRAPHS. In general. Messages. , in general. mistake in telegram. forged or fraudulent message. delay in delivery. disclosure of contents. sufficiency of notice of contents. stipulations and conditions. In general. As to use and dangers of electricity, see ELECTRICITY. Annotations. Right to transfer or mortgage privilege to use streets for. 1917D, 7O7. Duty to change location of poles in street or highway. 1917D, 663. Damages for construction of telegraph line over railroad right of way. 1916E, 572. Duty of telegraph company to take out license for messenger business. 1915B, 260. Liability of telegraph company for injury to pedestrian by its messenger who, having snatched a paper from a news- boy, in attempting to escape runs heed- lessly against the person injured. 1917F, 489. Messages. in general. Annotation. Contract for telegrams not written on company's blank. 1917F, 848. Acceptance of draft by telegram. 1916B, 1021. Acceptance by telegram of offer. 1916A, 1297. Sufficiency of proof of authenticity of tele- gram. 1915A, 862. Telegram as writing to satisfy statute ot frauds. 1915A, 1297. Presumption that no discriminatory service is intended where telegraph message is received for transmission by telephone. 1917F, 844. Presumption and burden of proof as to neg- ligence. 1915A, 120. Loss of profits as element of damages for failure to deliver business message. 1916E, 484. mistake in telegram. Transmitting acceptance of an offer to sell 10,000 bushels of grain as one for an acceptance of 6,000. 1917F, 844. Considering telegraphic message received by telephone as if it were written on the ordinary blank of the company in de- termining liability for error in trans- mission. 1917F, 844. forged or fraudulent message. Duty of company to identify person send- ing message. 1915A, 120. Right of addressee of telegram to maintain action for delivery of forged message. 1915A, 120. Nonsuit in action for damages for sending forged message. 1915A, 120. delay in delivery. Recovery for mental anguish because of. 1915B, 552. ! disclosure of contents. Liability of telegraph company disclosing contents of message where no damage would have resulted but for plaintiff's own wrongful acts. 1915C, 487. TELEGRAPHS TEMPOK AR V IS J US CTION. 407 sufficiency of notice of contents. Telegram partly in code but bearing enough English to show that it is a business message. 1917F, 844. stipulations and conditions. Right of intrastate company to limit lia- bility. 1917F, 844. Reasonableness of limitation of liability. 1917F, 844. Unrepeated messages. 1915B, 685. *--* TELEPHONES. In general. Defective service. Rates; enforcing payment. In general. As to use and dangers of electricity, see ELECTRICITY. Annotations. RigJtt to transfer or mortgage privilege to use streets for. 1917D, 707. Right to interfere with telephone unres in moving building along street. 1917C, 774. Duty to change location of poles in street or highway. 1917D, 663. Requiring connection or joint use of properties of, as a taking for which compensation must be made. 1917E, 1083. Liability for damage to service mains by excavating in street. 1917E, 1O94. Telegrams given by telephone. 1917F, 849. Criminal liability of local agent of tele- phone company for conducting business without license. 1915 A, 106. Right of telephone company to challenge powers of rival. 191 6B, 1083. Transfer of franchise to use streets. 1917D, 704; 1917F, 1178. Forfeiture of franchise to operate auto- matic system by installation of a dif- ferent system. * 1917F, 1178. Telephone poles in highway; who must bear expense of resetting when necessary. 1917D, 660. Mandamus to compel removal of telephone wires and poles from highway. 1917D, 660. Right of abutting owners to compel re- moval of poles from vacated street. 1915E, 138. Pendency of action by telephone company to restrain governmental agency from destroying its poles and wires as bar to action by such agency for mandamus to compel the removal of the telephone line. 1917D, 660. Duty of telephone company to remove wires from street to permit passage of house. 1916C, 1249. Injury to person removing telephone wire to permit passage of house along street. -1916C, 1249. Service of summons by telephone. 1915D. 427. Receipt by telephone of telegraphic message. 1917F, 844. Requiring telephone company to permit rival to connect with its long distance . lines. 1916E, 748; 1917E, 1080. Imposition of penalty because of enforce- ment in good faith of regulations not prohibited by statute. 1916A, 1208. Defective service. Damages for refusal of or failure to furnish service. 1915C, 450; 1915E, 455; 1916D, 186. Pleading in action for refusal of service. 1915E, 455. Burden of proving that failure to furnish service was " not due to negligence. 1915C, 450. Proof of declarations of agent of company after failure of service. 1915C, 450. Evidence as to condition of telephone at other times on question of negligence in failing to furnish service. 1915C, 450. Question for jury as to injury resulting from failure of service. 1915C, 450. Rates; enforcing payment. Rule requiring subscriber to pay for all long distance messages originating from his telephone. 1915E, ,323. Opinion evidence as to waiver of prepay- ment of tolls for telegraph service. 1915C, 450. Refusal to furnish service to patron in ar- rears for past service or allow him usual discount for advance payment. 1916A, 1208. Injunction against enforcement of rates established by commission. 1915C, 287. Power of Public Service Commission to pre- scribe extra charge against subscriber to one exchange for use of long distance connections of the other. 1916E, 748. Power of legislature to require company to raise its service rates from those fixed in municipal franchise. 1915C, 287. Impairment of contract obligations by reg- ulating rates. 1917C, 98. TEMPERATURE. Municipal regulations as to temperature of street cars. 1915F, 792. TEMPORARY ALIMONY. See DIVORCE AND SEPARATION. TEMPORARY INJUNCTION. See INJUNCTION . 408 TENANCY IN COMMON THEATERS. TENANCY IN COMMON. See COTENANCY. TENANTS. See LANDLOBD AND TENANT. 4 TENDER. Duty of judgment creditors of insolvent debtor to tender the amount due, to secure elimination of usury from a prior indebtedness secured by trust deed. 1915C, 634. As condition precedent to replevin. 1917A, 696. Tender of amount due on exercise by lessee of option to purchase. 1916F, 352. Duty to pay money tendered into court. "1916B, 856. Sufficiency of tender to relieve from pay- ment of attorney's fees. 1916A, 568. Effect of tender of amount due on right to discontinue service for delay in paying bills. 1917C, 374. TENEMENT HOUSE. Statute requiring fire escapes and fireproof stairways. 1917C, 1146. Forbidding location near, of garage storing inflammable substances. 1915D, 603. TEN-HOUR LAW. See MASTEB AND SERVANT. TERM. Of court, see COUBTS. Of tenant's lease, see LANDLOBD Ain) TEN- ANT. Of office, see OFFICEBS. TERMINATION. Of liability of carrier, see CABBIEBS. Of contract generally, see CONTBACTS. Of insurance contract, see INSURANCE. Of lease, see LANDLORD AND TENANT. Of malicious prosecution, see MALICIOUS PROSECUTION. Of trusts, see TBUSTS. Of mining lease. 1915B, 561. TERRACE. Annotation. Mechanics' lien for terracing. 1917D, 353. TERRITORIAL LIMITATIONS. As to jurisdiction, see COUBTS. Of trademarks. 1916D, 136. TERRITORIES. Is action on judgment governed by Statute of Limitations in force at time judg- ment was obtained in territorial court or by statute which became applicable on admission of territory to Union. 1917A, 187. TESTAMENTARY CAPACITY. In general, see Wnxs. TESTAMENTARY CHARACTER. Of instrument, see Wnxs. 4 TESTAMENTARY TRUSTEE. Situs for taxation of personal property held by. 1915C, 949. TEST OATH. As prerequisite or qualification to vote. 1917B, 723. TESTS. Duty of purchaser of cement subject to specific tests to make the tests. 1915B, 1131. Time for making tests of article sold provid- ed for by contract. 1915B, 1131. THEATERS. Operation of. on Sunday. 1915D, 573; 1916B, 1124. Injunction against revocation of theater license. 1916C, 224. Right to exclude critic from theater. 1916E, 248. THEATERS TIME. 409 Summoning police officer to quiet patron who, when requested to be quiet, pro- voked a disturbance. 1915B, 1119. THEFT. Of property of guest at inn, see INNKEEP- ERS. Insurance against loss by, see INSUBANCE. In general, see LAECENY. THREATS. As duress, see DURESS. Admissibility of, in evidence, . see EVIDENCE. Admissibility of evidence obtained by, see EVIDENCE. Of boycott by labor union. 1917E, 383. As duress. 1915B, 1; 1915D, 1118, 1122; 1917F, 579. Threat of prosecution as extortion. 1915B, 1140. Threats inducing marriage as ground for divorce. 1916E, 648. Right of action for injury to business by threats of suit for infringement. 1915B, 1179. Recovery of money payment of which is in- duced by threats. 1916B, 667. Question for jury whether threats by corpo- rate officers or agents were within scope of authority. 1915B, 1179. THRESHING. Right of one employed as cook during threshing of grain to lien as a "farm laborer." 1917D, 377. Use of gasolene 1 engine in insured barn dur- ing threshing of grain. 19] 5D, 187. Measure of damages for breach of threshing contract. 1916E, 788. Recovery for part performance of thresh- ing contract. 1916E, 788. Set-off in action to "recover for part per- formance of threshing contract. 1916E, 788. THUNDER STORMS. Injury by shock from an electric wire dur- ing thunder storm. 1915C, 570. TICKET AGENT. Powers of. 1916E, 1134. TICKETS. Railroad tickets, see CAKRIERS. TIMBER. Annotations. Injunction against trespass to cut. 1917C, 236. Determining income from timber lands for purposes of income tax. 1917E, 573. Duty of employer to furnish employee in wood working plant timber free from knots. 1916F, 866. Excuse for failure to perform contract to manufacture lumber from logs. 1916F, 3. Damages for breach of contract to manufac- ture logs into lumber. 1916F, 3. Ascertaining taxable income of corporation from manufacture of lumber from tim- ber cut from its land. 1917E, 568. Development of timber tract as public pur- pose for which eminent domain may be exercised. 1916B, 1089; 1917A, 94. Injunction against cutting or removing of. 1917C, 232. Trust for benefit of true owner in proceeds of timber sold from land by adverse claimant. 1916E, 718. Husband's right of action for cutting of timber on wife's property. 1915D, 996. Right of tenant for life to sell timber from property. 1915B, 219. Cutting of, as proof of adverse possession of land. L.R.A.1916D, 3. Reservation of, in deed. 1915E, 307. Forfeiture by nonremoval. 1915A, 571. TIME. For appeal, see APPEAL AND ERROR. For taking exceptions, see APPEAL AND EB- ROR. Of delivery by carrier, see CABBIERS. Of giving notice of injury to property trans- ported, see CARRIERS. As essence of contract, see CONTRACTS. Contractual limitation of time for actions on policies of insurance, see INSUB- ANCE. For relief against judgment, see JUDGMENT. For filing of amendment to pleading, see PLEADING. Of taking effect of statute, see STATUTES. I Annotations. Date from \vhich the period to which a defense is limited in life insur- ance policy is to be computed. 1917B, 1O5. Time within which demand for arbitra- tion, appraisal, inspection or rein- spection must be made by insur- ance company. 1917A, 1OS6. Time of payment of obligation purport- ing to be payable on specified event, the happening of which is wholly or partially within the control -of the promisor. 1917B, 1O5O. For notice required by Workmen's Compensation Acts. 1917D, 138. 410 TIME TOILET FACILITIES. Of raising defense of former jeopardy. 1917 A, 1233. Question for jury as to reasonableness of. 1917A, 1078. Presumption from absence as to time of death. 1915B, 756; 1917 A, 183. Computation of time in determining wheth- er Hours of Service Act has been vio- lated. 1915D, 408. Date from which the period to which de- fense of suicide is limited in insurance policy is to be computed. 1915F, 703, 707. Date from which period after which insur- ance policy is incontestable is to be computed. 1917B, 103. As of what time value of property con- demned should be estimated. 1917A, 402. Of maturity of note. 1917B, 1048. To present claim against decedent's estate. 1915B, 797; 1915D, 754; 1917A, 443; 1917E, 1100. To move for new trial. 1915D, 817; 1915E, 618. Of issuing execution. 1915B, 797. For amendment of execution. 1915 A, 706. For granting pardon. 1917B, 567. For presenting statement of facts to trial court. 1915A, 572. For serving case made. 1917E, 359. Of entering judgment. 1917F, 1. For modification of judgment. 1915A, 699. For revival of judgment. 1916E, 735. For filing mechanic's lien. 1915D, 204. For filing claim for damages because of exercise of right of eminent domain. 1916B, 1193. Of determining heirs who take under will. 1916A, 718. For redemption from foreclosure sale. 1917E, 633. To demand appraisement and inspection of insured goods injured by fire. 1917A, 1078. For furnishing notice and proofs of loss by insured. 1915F, 1210. Of vesting of estate created by will. 1917C, 527. For removal of timber bought. 1915A, 571. For delivery of goods sold. 1916E, 932. As essence of option contract. 1915B, 181; 1916B, 1036. Variance in proof as to time of injury. 1915A, 781. Fractions of day. 1917B, 103. TIME CLOCK. Recovery Tinder Workmen's Compensation Act for injury to employee by colli- sion with coemployee in running to register on time clock. 1916A, 22. TITLE. Liability for defective abstracts of, see An- SIKA.CTS. Sufficiency of, to maintain ejectment, see EJECTMENT. Of insured, see INSURANCE. Trying question of, on partition, see PAR- TITION. Record of, see RECORDS AND RECORDING LAWS. To personal property, passing of, see SALE. Effect of doubt as to, on specific perform- ance, see SPECIFIC PERFORMANCE. Of statute, see STATUTES. Defects in title to property sold, see VEN- DOR AND PURCHASER. Annotation. Of one who takes money from a thief or embezzler. 19 17 A, 7O7. Jurisdiction of railroad commission to de- termine question of. 1915D, 1205. Right of judge to pass on sufficiency of title to land in other state by independent examination of abstract without plead- ing or proof as to law of such state. 1915E, 271. Effect of judgment to settle controversy as to. 1917A, 685. Admissibility of evidence as to title to at- tached property. 1916F, 939. Weight of opinjon evidence as to sufficiency of. 1915E, 271. Defects in, on judicial sale. 1915E, 834. Title of abutting owner to material placed by him in sidewalk which is not accept- ed by municipality. 1915B, 187. Of entryman on public lands. 1915B, 681; 1916F, 969. To goods seized and sold by military forces in foreign country. 1917A, 276. TOBACCO. Annotation. As a family exjtcnse or necessary with- in statute rcnflcrinfi wife or Jtcr property liable therefor. 1917F, S63. Sale of, on Sunday. 1917C, 377. Effect of permission of Federal government to inclose coupons, etc., in packages of tobacco on state restrictions. 1917A, 421. Injunction against sale or purchase of. 1917C, 777. Liability of manufacturer for injury to con- sumer by defects in. 1916A, '940. TOILET FACILITIES. Recovery under Workmen's Compensation Act for injury to employees seeking, outside of place of emplovment. 1916A, 315 TOLLGATE TOWAGE. 411 TOLLGATE. See TOLLS AND TOLL ROADS. TOLLING. Of Statute of Limitations, see LIMITATION OF ACTIONS. TOLLS AND TOLL ROADS. Annotations. Exclusiveness of franchise of toll road or turnpike. 1917D, 339. Right to taJce toll for use of road or bridge l>y automobile. 1917E, 562. Injunction to prevent construction of road to enable persons formerly using toll road to reach free highway. 1917D, 333. Statute making guilty of misdemeanor per- sons who, with intent to defraud turn- pike company, pass along grounds near road to avoid tollgate. 1917D, 333. Rate of toll; effect on, of taking over by municipality of part of road. 1917D, 333. Right of toll road company chartered be- fore invention of automobiles to take toll from automobiles. 1917E, 559. Payment of toll for use of canal. 1917F, 776. TOOLS. Exemption of, see EXEMPTIONS. Master's duty as to, see MASTER AND SER- VANT. Claim for, as within protection of contrac- tor's bond. 1917A, 336. TORPEDOES. Master's liability for servant's negligent use of. 1915F, 945. TORRENS ACT. See RECORDS AND RECORDING LAWS. TORTS. Abatement of action for, see ABATEMENT AND REVIVAL. Liability for injury to animals, see ANI- MALS. Right of action for, see CASE. Conflict of laws as to, see CONFLICT OF LAWS. Contribution between wrongdoers, see CON- TRIBUTION AND INDEMNITY. Measure of damages for, generally, see DAMAGES. Injunction against tortious acts, see IN- JUNCTION. Joint liability for, see JOINT CREDITORS AND DEBTORS. Limitation of time for action based on, see LIMITATION OF ACTIONS. Master's liability for, see MASTER AND SERV- ANT. Municipal liability for, see MUNICIPAL COR- PORATIONS. Matters as to negligence generally, see NEG- LIGENCE. Of agent, see PRINCIPAL AND AGENT. Pleading as to, see PLEADING. Annotation. Release of one of two or more persons severally, but not jointly, liable for a tort as affecting liability of others. 1917 A, 273. Whether action is one on contract or in tort. 1916F, 501. Choice between action in tort or on con- tract. 1917B, 787. Judgment for damages for, as contract within provision against impairing contract obligations. 1915B, 797. Right to recover in tort action where plain- tiff's wrongful acts must be shown to make out case. ]915C, 487. Right to set up counterclaim found on tort in action on contract. 1916C, 491, 514. Variance in proof as to. 1915A, 781; 1915F, 558, 866", 992, 1000. Of married women, husband's liability for. 3915A, 491, 500; 1915D, 847. Liability of corporation for. 3916C, 1208; 1916E, 771; 1917D, 559; 1917E, 516. Liability of corporate officer for. 1915C, 874. TOTAL DISABILITY. Of insured. 1917B, 107; 1917C, 910. What constitutes, within meaning of Work- men's Compensation Act. 1916A, 374. TOTAL LOSS. Of vessel or cargo. 1916F, 1168. Of insured property. 1915E, 618. TOWAGE. Who must pay cost of breaking ice neces- sary to make the towage possible, under contract to pay for towage service. 1915B, 1086. 412 TOWELS TRADEMARK. TOWELS. Claim for, as within protection of contract- or's bond. 1917A, 336. TOWN LOT. Construction of contract to convey. 1917A. 200. + TOWNS. Municipal corporations generally, see MU- NICIPAL COBPORATIONS. Powers and rights. Annotations. Power to employ attorney. 1917D, 243. Power to employ attorney on contingent fee, 1917D, 263. Bight of town entitled to services of offlcial attorney to employ other at- torney in civil matters. 1917D, 257. Validity of provision in lease of town land that lessor will pay the taxes on the property or permit them to be deducted from the rent. 1915C, 698. Manufacture of ice by town as public pur- pose for which taxing power may be exercised. 1915B, 859. Limitation of indebtedness. 1915D, 978. Officers. Delegation of power to selectmen. 1915E, 264. Legal effect of check payable to order of town treasurer. 1915B, 735. Liability of town officials for injury to traveler on defective highway. 1916B, 1184. TOWN SITES. Speculative contract between realty com- pany and individuals for laying out of town sites at points where stations will be located. 1915B, 925. TRACK. Master's duty to servant as to condition of. 1917D, 959; 1917F, 802. TRACTION ENGINES. Forbidding use of, on highways. 1915D, 327. TRADE. Validity of agreement in restraint of, see CONTRACTS; MONOPOLY AND COMBINA- TIONS. TRADE FIXTURES. See FIXTURES. TRADE INDUCEMENTS. See COUPONS; TBADING STAMPS. TRADEMARK. In general; right to. Infringement. Defenses. In general; right to. Annotations. Effect of devise or bequest of shop, store, or business to pass trade- marks. 1917D, 439. Protection of name descriptive of the kind or character of business. 1917C, 958. Territorial limitations. 1916D, 136. Name of celebrity as. 1917C, 1161. Effect on right to trademark of failure to bring device within provisions of Fed- eral Registration Statute. 1917C, 1157. Trademark in effect produced by using a colored strand with the undyed ones in weaving or braiding cordage. 1915F. 1107. Word "groceteria" as trademark for goods sold at self-serving grocery store. 1917C, 955. The word "Rameses" as trademark for cig- arettes. 1917C, 1157. Infringement. Injunction aga : *ist. 1916D, 136. Pendency for suit for infringement of trade- mark as bar to temporary injunction in suit for unfair competition. 1915F, 1107. Term "pacific groceteria" as infringement of trademark "Groceteria." 1917C, 955. Infringement of trademark "Rameses" by use of word "Radames." 191 7C, list. Placing upon sign intended to designate the proprietor of a business of a symbol which another had adopted as a trade- mark to designate the product of his manufacture. 1915B, 889. TRADEMARK TRAVELERS' CHECKS. 413 Defenses. Defense that owner of trademark has no established place of business in a city in which he is attempting to enjoin use of infringing mark. 1917C, 955. TRADENAME. Protection of, by injunction, see INJUNC- TION. See also TRADEMARK. Annotations. Protection of name descriptive of the kind or character of business. 1917C, 958. Name of celebrity as. 1917C, 1161. Transfer of business conducted under, with- out notice to public. 1915F, 711. Use of assumed name as. 1915D, 981. Validity of contracts by person carrying on business under assumed name without complying with statute. 1915D, 987. TRADE TALK. What constitutes. 1917C, 270, 1076. TRADE UNION. See LABOR ORGANIZATIONS. TRAILING. Of criminal with bloodhounds, evidence as to. 1916D, 1295; 1917E, 726. TRAMWAY. Contributory negligence of person injured on. 1915F, 1125. TRANSCRIPT. Admissibility in evidence of stenographer's transcript of testimony. 1915F, 771. TRANSFER. Of corporate franchise, see CORPORATIONS. Of corporate stock, see CORPORATIONS. Of cause, see COURTS. Of insurance policy, see INSURANCE. TRADING STAMPS. Annotation. Hegulation and prohibition of use of TRANSFER COMPANY. Annotation. Right of municipality to forbid solici- tation of patronage at railway sta- tions. 191 7D, 69O. Illegal combination of. 1915C, 865. As independent contractor. . 1915D, 476. As common carrier. 1916D, 1199. Authority of driver of moving van to in- vite owner of goods to accompany them on van. 1917F, 422. Forbidding solicitation of patronage for transportation of persons or baggage. 688. trading stamps and similar devices. \ Effect of deviation by, on liability. 1917A, -tftl^/Tf x*OO ,-Q Liability for loss of baggage. 1916D, 1199. 191 433. Creation of monopoly by contract as to trading stamps. 1915D, 520. License tax on uso of. 1915B, 241 ; 1917A, 421. TRAFFIC OFFICER. Effect of signal of, to automobilist, on lat- ter's duty to exercise care. 1917B, 133. TRAFFIC REGULATIONS*)]- Effect of traffic regulation giving automobile driver right of way at street intersec- tion. 1917D, 690. TRANSFER TAX. See TAXES. TRAVELERS' CHECKS. Annotation. Who must bear loss of payments on forgery of travelers' checks. 1917F, 55S. Payment of traveler's checks on forged signature. 1917F, 554. 414 TRAVELING SALESMAN TRESPASS ON THE CASE. TRAVELING SALESMAN. See COMMERCIAL TRAVELERS. TREASURER. Bond of, see BONDS. Annotation. Effect of insertion of unauthorized pro- visions in bond of. 1917B, 991. Of corporation, powers of. 1915B, 720. TREATIES. Effect of, on discrimination against aliens by Inheritance Tax Law. 1916A, 469; 1916D, 1127. Effect of, on Anti-alien Labor Law. 1916D, 550. Effect of, on aliens' right to inherit. 1915E, 327. Effect of, to supersede statutory provisions for administration of decedent's es- tate. 191 5D, 373. Application to real estate of provision in treaty entitling subjects of the con- tracting parties in the respective states to dispose of their goods and effects and giving their heirs right of succes- sion. 1916A, 469. TREES. In street, rights as to, see HIGHWAYS. See also ORCHARDS; TIMBER. Annotation. Mechanics' liens for cultivation and care of. 1917D, 351. Statute authorizing destruction without compensation of trees affected with dis- ease. 1917C, 894. Rescission for breach of vendor's agreement to plant and care for fruit trees. 1916F, 430. TRESPASS. i Measure of damages for, see DAMAGES. Injunction against, see INJUNCTION. Trespass de bonis asportatis for wrongful removal of improvements by tenant, see TROVER. See also TRESPASSER. Annotations. When docs statute begin to run against action based upon removal of min- erals from real estate. 1917C, 116. Injunction against trespass to cut tim- ber. 1917C, 236. Bond to vacate injunction against. 1915 A, 853. Extortion in threatening trespasser with prosecution unless he makes compensa- tion for injury done. 1915B, 1140. Judgment for damages for, as contract with- in provision against impairing contract obligations. 1915B, 797. Liability of municipality for. 1916D, 107!>. When limitations begin to run against ac- tion fqr. 1917C, 113. For diverting water from stream for public- water supply. 1916E, 981. For personal injuries caused by accidental discharge of firearm. 191GD, 117'.). In making street improvement. 1!)1.~>I). 772. Amendment of declaration as a departure from original cause of action. 1917F, 1043. Right of one who purchases land after the construction of a railroad embankment to recover for subsequent injury to the land thereby. 1916E, 977. TRESPASSER. Injury to trespassing children, see NEGLI- GENCE. / Injury to, on railroad track, see RAILROADS. Negligence as to, generally, see NEGLIGENCE. Annotations. Liability of carrier for arrest of tres- passer on train. 1917D, 227. Liability of railroad company for acts of Pullman car employees ton-aril trespassers. 1917 A, 42O. Extortion in threatening trespasser with prosecution unless he makes compensa- tion for injury done. 1915B, 1140. Recovery under Workmen's Compensation Act for injury to employee by shot fired by trespasser. 1916A, 304. Liability of master for tortious act of serv- ant toward trespasser. 191GE, 1134. Injurv to, by electrical wire. 1915A, 510; 1915C, 151, 405; 1917B, 1291. Landlord's liability for injury to tenant's property resulting from acts of tres- passers in other portion of premises. 1917B, 222, 238. Liability of carrier for arre>t of, l>v em- ployees. 191 6E, 1134. Passenger who, having left car, attempts to re-enter after train has begun to move as a trespasser. 191GB, S30. Liability of carrier for injurv to. 1915A, 14-2. EY'ctioti'of, from train. 1916E, 1134. TRESPASS ON THE CASE. See CASE TRIAL. 415 TRIAL. In general. Conduct and disposal generally. Election between counts. Reception of evidence. Statements and arguments of counsel. Objections and exceptions. Remarks or conduct of court. Submitting case or question to jury, generally. Sufficiency of evidence to go to jury. Questions of law and fact. in general; cause and effect. reasonableness; necessity; dili- gence; probability. relation, character, or condition of persons or things. fraud; good faith; intent; pur- pose; malice; belief; notice; authority; ratification; con- sent. construction of instruments or contracts. negligence; assumption of risk. miscellaneous. Taking case from jury. in general. nonsuit. directing verdict; peremptory instructions. demurrer to evidence. Special interrogatories. Instructions. in general; form; time. requests and answers generally. on what matters necessary or proper. On evidence and facts. correctness of instruction. Findings by the court. Verdict or findings of jury. in general. retirement; conduct of jury. sufficiency and correctness. amendment or correction. In general. Right to trial by jury, see JUBY. As to new trial, see NEW TRIAL. Place of, see VENUE. As to witnesses on, see WITNESSES. Proceedings in, or reports of, as privileged communications. 191 5C, 086; 1915D, 578; 1915E, 1051; 1916E, 779. Necessity of public trial. 1916E, 472. Conduct and disposal generally. Private counsel to aid prosecution. 1917C, 455. Right of court to order isue of partnership vel non to be tried first in action by partnership on contract. 1916A, 1211. Withdrawal of case from jury because of partiality of a juror. 1916E, 1264. Discharge of juror in capital case without the consent of the prisoner. 1916E, 1264. Reswearing of jury after discharge of one juror thereof. 1916E, 1264. Prejudicial error in admitting jury to sepa- rate. ]916B, 963. Taking exhibits into jury room as reversible error. 1915C, 315. Election between counts. Prejudicial error in refusing to compel elec- tion between counts. 1916D, 462. Binding effect on subsequent trial of elec- tion by defendant between two defenses which he was wrongfuly required to make. 1915F, 771. Reception of evidence. Review of discretion as to, see APPEAL AND ERROR. Examination of witnesses, see WITNESSES. Annotations, Errors in reception of testimony to sup- port attack on divorce decree. 1917B, 32, 511. Applicability in proceedings to punish criminal contempt of rules of evi- dence in criminal cases. J917B, US. Rules of evidence in proceedings for crim- inal contempt. 1917E, 650. Bill of exceptions showing two offers of proof of what should have been included in one offer. 1917D, 408. Error in admission of evidence as ground for new trial. 1915B, 1116. Excluding evidence because of absence of offer of proof as to what the answei to the question will be. 1915C, 460. Order of proof. 1915D, 1021; 1915F, 6; 1917F, 571. Reopening case. 1915E, 1047. Striking out evidence. 1915B, 1121; 1915F, 558; 1916E, 1264; 1917D, 1049. Statements and arguments of counsel. Prejudicial error in, see APPEAL AND ERROR. Necessity of incorporating improper re- marks of prosecuting attorney into the case made. 1915A, 1088. Necessity that error in argument be shown by record on appeal. 1915C, 747. Right" to bring misconduct of prosecutor in his address to the jury, before the appellate court by affidavit. 1917F, 646. Review of discretion as to time allowed for argument. 1917B, 738. Time for objection to. 1915D, 621. Duty of prosecuting attorney to withdraw charges against accused as soon as it is demonstrated that they cannot be sub- stantiated. 1915A, 862. Refusal by court of request to have stenog- rapher take down statements made by prosecuting attornev during his argu- ment. 1915A, 1088. Stating what is not in evidence. 191 6D, 1118; 1916F, 38. Comment on failure of accused to testify. 1917E, 797. 416 TRIAL. Objections and exceptions. Consideration of, on appeal, see APPEAL AND ERROR. Exceptions before referee. 1916C, 218. Duty of counsel to object if not satisfied with language used to rebuke improper arguments on part of opposing counsel. 1915F, 797. Raising objection that petition fails to state cause of action by objection to the in- troduction of evidence. 1915F, 623. Remarks or conduct of court. Prejudicial error, see APPEAL AND ERROR. Charge by court that jury may take into consideration in reaching a verdict fail- ure of accused who takes the witness stand to explain incriminating circum- stances and events. 1917F, 502. Submitting case or question to jury, generally. Prejudicial error in submission of issues. 1915E, 294; 1916A, 295; 1916B, 1111; 1917B, 684. Sufficiency of evidence to go to jury. Taking case from jury, see infra. Annotation. Do presumptions which attach to com- mercial paper necessarily entitle the holder to go to the jury. 1917E, 537. Ruling on former appeal as law of the case. 1915F, 13. Negligence; personal injuries. 1915E, 267; 1915F, 11, 866; 1916D, 836; 1917B, 1245; 1917E, 250. On question whether plaintiff in action for personal injury was at the time of the injury delivering papers to the tenants in defendant's building. 1916F, 1110. Questions of law and fact. in general; cause and effect. Annotation. Question for jury as to effect of "keep- ing prohibited articles on insured premises. 1917C, 298. Estoppel to object to submission of question to jury. 1915F, 977. New trial for error of court in withdrawing question from jury. 191 5D, 968. Weight of evidence as question for jury. 1915E, 202. Question whether exhaustion of one com- pelled to go on foot for doctor because of negligent failure of telephone service resulted in injurv to his person. 1915C, 450. Submitting to jury question whether in- jury is within terms of Workmen's Compensation Act. 1916A. 295. Proximate cause. 1915A, 363; 1916A, 1224; 1917E. 250. reasonableness; necessity; diligence; probability. Reasonableness of municipal ordinance. 1915F, 1196. Reasonableness as to time. 1917 A, 1078. relation, character, or condition of persons or things. Question whether servant was acting with- in scope of authority at time of injury to third person. 1917E, 715. Whether person assisting employee was a volunteer. 1916B, 987. Ability of minor employee to appreciate dangers of his employment. 1915F, 558. Question whether modes of exit are equiv- alent fire escapes required by statute. 1917E, 250. Whether witness was an accomplice of ac- ' cused. 1916F, 1251. Credibility of witness. 1917F, 1107. Intoxicating character of liquor. 1917F, 238. Whether person on railroad track was a li- censee. 1916C, 1029. fraud; good faith; intent; purpose; malice; belief; notice; authority; ratification; consent. Fraud; good faith. 1915A, 273; 1915D, 1190; 1917C, 816; 1917E, 399. Intent; purpose. 1915D, 1190; 1916A, 366; 1916E, 1165; 1917B, 1291. Malice; probable cause. 1915B, 1179; 1915D, 1, 16; 1916D, 614; 1916F, 399. Consent. 1916A, 510. Wilfulness; wantonness. 1916D, 614. Scope of authority of servant. 1917E, 715. Whether statements and threats by officers and agents of corporation were made within the scope of their agencies. 1915B, 1179. construction of instruments or con- tracts. Annotation. Question for jury as to effect of keep- ing prohibited articles on insured premises. 1917C, 298. Construction of contract between employer and employee as to payment of wages during disability. 1917B, 1158. Question whether note was a gift or com- pensation for services. 1917E, 1060. negligence; assumption of risk. Annotation. Contributory negligence of child cross- ing car track as matter of law or fact. 1917F, 172. General rule as to. 1915E, 991; 1916C, 1208. Where facts are disputed. 1916E, 528. Where it clearly appears that actionable negligence cannot be imputed to de- fendant. 1916C, 1208. Wanton or wilful negligence. 1916D, 614, TRIAL. 417 Negligence of municipality as to condition of highway. 1916F, 1216; 1917C, 120. Where evidence in action for injury to pas- sengers makes out prima facie case which is rebutted by carrier. 1916C, 348. Negligence of carrier in removing passenger from Pullman to ordinary coach. 1916E, 763. Negligence of carrier causing loss of goods. 1915D, 547. Negligence of carrier in case of injury in action for injury to boy jumping off freight train. 1917C, 1066. Of driver of automobile having right of way under traffic regulations. 1917D, 690. As to excessive speed of automobiles. 1917F, 610. Question whether negligence of driver of automobile is to be imputed to one traveling therein. 19 17 A, 543. Negligence of master. 1917C, 328; 1917F, 671. Landlord's negligence as to condition of premises. 1915B, 98; 1917B, 222; 1917D, 1149. Negligence in leaving loose material on top of building. 1915F, 835. Negligence of agister. 1915E, 590. Negligence of hospital as to patient. 1915D, 334. Negligence of street railway company in failing to provide motor car used to haul .work car with a fender. 1915A, 742. Negligence of railroad in failing to keep cattle guard free from snow and ice. 1915B, 134. Assumption of risk by servant. 1915C, 9; 1916D, 1042. Contributory negligence generally. 1915C, 181, 991. Contributory negligence of infant. 1915F, 638. Contributory negligence of guest at inn. 1917F, 834. Contributory negligence of employee. 1916D, 962, 1042. Contributory negligence in fighting fire. 1915E, 991. Contributory negligence of trespasser on railroad track. 1915C, 843. Contributory negligence at railroad crossing. 1915A, 761; 1916E, 816; 1917C, 784. Contributory negligence of person injured on highway. 1917C, 120. Application of doctrine of last clear chance in case of injury by street car. 1916E, 58. miscellaneous. Question whether corpus delicti has been proved beyond reasonable doubt. 1917A, 1287. As to mitigating circumstances in homicide case. 1916C, 581. Whether officer had warrant when making arrest. 1915B, 505. Whether conversation was an admission of liability. 1915A, 153. L.R.A. Tri. Index 1915-17. 27. Duty of jury to apportion negligence of em- ployer and employee under Federal Em- ployers' Liability Act. 1916C, 800. Waiver of proofs of loss by insurer. 1915D, 187. Waiver of warranty. 1917C, 445. Sufficiency- of acceptance of offer. 1916 A, 1287. As to consideration of note. 1917E, 535. Fairness of contract limiting common car- rier's liability. 1915D, 644. Whether persons riding in automobile were engaged in common enterprise. 1915E, 436. Death of person in case of unexplained ab- sence for seven years. 1916F, 438. Damages. 1916C, 800. In contempt proceeding. 1917E, 551. Taking case from. jury. in general. Sufficiency of evidence to go to jury, see supra. Where there is no conflicting evidence. 1916F, 209. nonsuit. Nonsuit in replevin suit, see REPLEVIN. Motion to make an oral motion for nonsuit a part of the record on appeal. 1917D, 809. Voluntary nonsuit as res judicata. 1915D, 850. Treating plaintiff's evidence as true in pass- ing upon motion for nonsuit. 1916B, 667. In action for damages for sending forged telegram. 1915A, 121. directing verdict; peremptory in- structions. Review of evidence on appeal from directed verdict. 1916C, 1001. Waiving error in rejection of evidence by motion for directed verdict. 1916C, 1001. General rule as to. 1916A, 979; 1916C, 1208; 1916F, 209; 1917E, 715. Effect of statute requiring court to deny motion for directed verdict where ad- verse party objects thereto. 1915B, 1121. Refusal to direct verdict where request therefor is not offered in writing. 1915D, 621. How question of error in directing verdict should be raised. 1915C, 319. New trial or judgment non obstante vere- dicto as remedy for erroneously denying motion for peremptory instruction. 1916D, 514. What admitted by motion for direction of verdict. 1917E, 715. Review of, on appeal. 1917B, 919. Waiver of error as to. 1916F, 1220; 1917D, 1049; 1917F, 1107. Prejudicial error in. 1917B, 1245; 1917E, 715. Directing verdict where there is no con- flict in the evidence. 1917D, 868. 418 TRIAL. Ignoring evidence erroneously admitted in reviewing direction of verdict. 1917B, 1245. Right to render judgment of dismissal on motion for judgment non obstante vere- dicto to correct prior error in refusing to direct a verdict for lack of evidence. 1917A, 1194. For insufficiency of indictment. 1916D, 767. Negligence; personal injuries. 1917C, 689. Direction of verdict in action for death of plaintiff's husband on theory that he had obtained a valid divorce from her. 1916F, 819. In action by employee to recover one-half wages during disability resulting from accident under alleged contract with employer. 1917B, 1158. In action on insurance policy. 1917E, 983. In prosecution for arson upon failure to prove corpus delicti. 1916D, 1295. demurrer to evidence. Rule that one interposing demurrer to evi- dence admits all the facts which evi- dence tends to prove and all inferences therefrom. 1915E, 267. Where evidence, if believed, establishes all the material allegations of the petition. 1916D, 1176. Considering evidence in most favorable light. 1917C, 489. Demurrer to evidence reasonably tending to support allegations of a petition which states a cause of action. 1917A, 128. Where evidence, with all reasonable infer- ences therefrom, is sufficient to support finding. 1917A, 299. Special interrogatories. Error in refusal to submit special interrog- atories. 191 5E, 294. Review of discretion as to submitting spe- cial issues to jury. 1916D, 144. Interrogatories assuming certain facts but not comprehending all other facts necessary to constitute complete de- fense of contributory negligence. 1915F, 803. Inconsistency between answers to special in- terrogatories and general verdict. 1915E, 1057; 1916A, 689; 1916C, 439. Instructions. in general; form; time. First raising objection as to, on appeal, see APPEAL AND EBBOB. Waiver or cure of error as to, see APPEAL AND EBBOB. Prejudicial error as to, see APPEAL AND EB- BOB. Right of one at whose request instruction is given to attack it on appeal. 1917B, 350. Necessity for exception. 1917F, 1107. Sufficiency of objections or exceptions to. 1915B, 415; 1915F, 1087. Time for objections to instructions. 1915D, 621; 1917A, 1226. Necessity of bill of exceptions to giving or refusing of instructions. 1915A, 572; 1916E, 1264. Estoppel to object on appeal to ruling on. 1915F, 13. Presumptions as to, on appeal. 1915E, 991. Duty to harmonize apparently conflicting in- structions. 1915D, 1021. requests and answers generally. Failure to request. 1917A, 306, 1078 i 1917D, 944. Sufficiency of compliance with request. 1916D, 767; 1917C, 52. Repetitions. 1915D, 644; 1915F, 1087; 1916D, 767; 1917C, 89. on what matters necessary or prop- er. Prejudicial error in refusing or failing to instruct, see APPEAL AND EBROB. Time for exceptions to refusal to give. 1917A, 1226. Right of each party to have his theory of the case submitted under proper in- structions. 1915F, 673. Limiting to issues or proof. 1915C, 704, 892; 1915E, 432; 1916B, 824; 1916D, 590, 767; 1916E, 743, 896; 1917C, 89; 1917E, 539. As to damages. 1915E, 1205; 1915F, 803; 1916E, 743. As to degree of care which one charged with injuring another was Jjound to exercise. 1915B, 426. On question of wanton negligence. 1917E, 258. Negligence as to electric wires. 1917E, 2.58. Contributory negligence. 1917 A, 306. Right to instruction on simple assault in prosecution for mayhem. 1916E, 492. On evidence and facts. Prejudicial error as to. 1915A, 533; 1915C, 627; 1915E, 721; 1915F, 1087; 1916D, 590. Burden or measure of proof. 1915D, 547. Weight or amount of evidence. 1915A, 1078, 1088; 1915C, 627, 1163; 1915F, 656; 1916D, 144. correctness of instruction. Errors waived or cured below, see APPEAL AND EBBOB. Prejudicial error as to, see APPEAL AND EB- BOB. Error in, requiring new trial. 1916A, 943. Construing instructions as a whole on ap- peal. 1917F, 1107. Right to complain of instructions in ac- cordance with stipulations at the trial. 1916A, 744. How question of error in instructions should be raised. 1915C, 31-9. Review on appeal of error in instruction not covered by motion for new trial. 1916A, 1240. Time for objections to. 1917A, 1226. Instruction that jury may make use of their general knowledge. 1917F, 610. TRIAL. 419 Right of party to complain of instruction favorable to him. 1916B, 622; 1917B, 350. f Instruction in action for breach of contract of bailment authorizing recovery as ' though action had been in tort. 1916F, 1036. In action upon instrument in writing where defense of nondelivery is raised. 1915B, 221. As to precautions to be taken by railroad company to protect travelers from fall- ing into hole in highway produced by water from culvert. 1917A, 543. As to damages for obstruction of water by railroad embankment. 1917A, 501. .As to damages for personal injuries. 19l5E, 1141; 1915F, 803. Damages for death. 1916C, 808. In action for injury by defect in street. 1915A, 325. In action for injury to mail carrier by col- lision of his wagon with street car. 1915D, 1021. As to negligence in driving automobile at excessive speed. 1917F, 610. As to care of person in possession or con- trol of explosive. 1917F, 1043. As to negligence of gas company in deliver- ing gas. 1915E, 1022. Negligence of master. 1917E, 242. In action against railroad company in which it is not clear whether plaintiff had become a passenger when the in- jury occurred. 1916C, 1020. As to contributory negligence of person fall- ing down elevator shaft. 1915E, 7?.\. As to authority of agent. 1917E, 539. Delay in transportation by carrier; decline in market value. 1917A, 193. In action for loss of baggage. 1916E, 478. In criminal cases generally. 1915C, 627; 1916D, 519, 590. Right of defendant in criminal case to com- plain of instruction which was prejudi- cial to the state. 1917E, 668. Instruction that jury must find a certain intent from the facts proved. 1917D, 944. Reasonable doubt. 1917C, 52. In prosecution for perjury. 1917C, 52. In prosecution for conpsiracy to deprive negroes of right to vote. 1916A, 1124. In prosecution for homicide. 1915A, 533; 1915B, 1143; 1915C, 1163; 1916B, 924; 1916D, 519, 590. Prosecution for adultery. 1915F, 1087. Findings by the court. Review of, on appeal, see APPEAL AND EB- ROR. Prejudicial error as to, see APPEAL AND EB- ROB. Exceptions to. 1916E, 506. Finding by court that value of public util- ity fixed by commission is lawful as an original finding of the fact of value. 1916F, 592. Finding of facts in Workmen's Compensa- tion case. 1916E, 506. Verdict or findings of jury. in general. Direction of verdict, see supra. Review of discretion as to vacation of, see APPEAL AND EBBOR. Prejudicial error as to, see APPEAL AND ERROR. Verdict in ejectment, see EJECTMENT. In condemnation proceedings, see EMINENT DOMAIN. Sufficiency of evidence to sustain verdict, see EVIDENCE. Judgment notwithstanding verdict, see JUDGMENT. Annotation. Delegation of power to receive verdict in criminal case. 1917E, 1O9O. Charging juror with knowingly returning wrong verdict. 1915D, 578. Errors in instructions cured by. 1916B, 622; 1917A, 1194. Delegation of power to receive verdict. 1917E, 1085. Presumptions as to, on appeal. 1916C, 589 ; 1916F, 1021. Review of discretion as to reduction of ver- dict. 1916C, 964. Sufficiency of approval by the court of ver- dict. 1915F, 6. Affidavit of juror to support verdict on motion for new trial. 1915D, 569. Findings by referee. 1916F, 528. Effect of general finding in favor of party. 1915C, 531. Special verdict or finding. 1916E, 710. retirement: condnct of jury. New trial for misconduct of jury, see NEW TRIAL. Doctrine of res ipsa loquitur as requiring jury to find in favor of negligence. 1917E, 215. Effect on verdict of guilty of finding of newspaper in jury room attacking the faith and nationality of the accused. 1916E, 634. sufficiency and correctness. Review of, on appeal, see APPEAL AND EB- ROB. New trial for errors in verdict, see NEW TRIAL. Excessive or inadequate damages, see DAM- AGES. <'"} Annotation. Constitutionality of verdict by less than all the jurors. 1917 A, 91. Conflict between general and special. 1915E, 1057; 1916A, 689; 1916C, 439. Sufficiency of verdict as to negligence of railway company in case of injury at crossing. 1917D, 549. Erroneous verdict as ground for release on habeas corpus. 1916F, 9GO. In prosecution for libel. 1916F, 960. 420 TRIAL TRUSTEE PROCESS. amendment or correction. Judgment notwithstanding verdict, see JUDGMENT. Requiring jury which returns a verdict which is neither general nor special to decide upon either one or the other of such verdicts. 1917D, 962. Power of court to add attorney's fees to amount of recovery on note. 1916F, 648. TRIAL DE NOVO. Reversal of judgment of appellate court in which action was tried de novo because of errors of nisi prius court. 1916B, 1117. TRIAL TERMS. Designation of additional trial terms. 1915B, 103. TROLLEY. In general, see STREET RAILWAYS. TROVER. In general. Right of action. conversion; what constitutes. In general. Annotation. i Measure of damages for conversion of '. household goods or wearing ap- ' parel. 1917D, 495. Effect of conversion by bank of proceeds of collection to give owner priority over other bank creditors. 1916C, 12. Right to credit on judgment for alimony for property which plaintiff has con- verted. 1915F, 820. Counterclaim for conversion of property of tenant in action for rent and waste. 1916C, 491. Counterclaim in action for conversion. 1916C, 443. Interest for conversion of draft from date of conversion. 1916C, 544. Measure of damages for conversion. 1915B, 291; 1917B, 787. Defendant's pleadings in action for con- version. 191 5E, 192. Effect of erroneously designating action as one for conversion. 1917C, 1176. Right of action. conversion; what constitutes. Annotation. Right of conditional vendor of personal property to maintain action for conversion of the property. 1917D, 217. Choice of remedy for conversion by carrier. 1917B, 787. Negligence of bank in turning over bills of lading sent to it by another bank and failure to return them on demand or the amount for their proceeds. 19 17 A, 740. Conversion by bank lending draft to pub- lic officer to cover shortage in receiving it back for cancelation. 1916C, 544. Procuring order for sake of personal prop- erty upon erroneous judgment which is not superseded, though reversed after sale is made. 1917C, 1176. Conversion by vendor taking mortgage for security in repossessing himself of the property and selling it. 1916C, 557. By purchaser at assignee's sale taking prop- erty of third person by mistake. 1915D, 474. Taking possession by chattel mortgagee maliciously and by force or fraud. 1915E, 192. Conversion by one taking from pledgeor, as collateral security, bonds merely en- trusted to him for safe keeping. 1916A, 629. Sale by commission broker of wheat belong- ing to another person under mistaken belief that it has been consigned to him for sale. 1917F, 440. Deposit by executor of funds of estate in his individual bank account. 1916F, 1059. Liability of municipality and contractor for conversion by subcontractor. 1915F, 1009. By landlord for wrongful removal of im- provements by tenant. 1915A, 654. TRUST COMPANY. See BANKS. TRUST DEED. See MORTGAGE. TRUSTEE PROCESS. See GARNISHMENT. TRUSTEES; TKUSTS. 421 TRUSTEES. For benefit of creditors, see ASSIGNMENT FOB CREDITORS. Of insolvent, .see INSOLVENCY. In general, see TRUSTS. TRUSTS. In general. Express or declared trusts; precatory trnsts. Implied, constructive, and resulting trnsts. Termination; discharge. Trustees. Interest of cestni que trust; rights of creditors; spendthrift trust. Rights and liabilities of transferees; following trust property. In general. Assignment in trust to pay creditors, see ASSIGNMENT FOB CREDITORS. For charity, see CHARITIES. Fiduciary relation between corporation and its officers, see CORPORATIONS. For wife, see HUSBAND AND WIFE.. Monopolistic trusts, see MONOPOLY AND COMBINATIONS. Suspension of alienation, see PERPETUITIES. Annotations. Effect of deposit of funds belonging to the depositor in a bank account in the name of ' himself and an-- other. 1917C, 567. In proceeds of collection made by bank when insolvent. 1917F, 6O3. Right of officer of trust company named as trustee in will to act as witness. 1916E, 832. Mechanics' lien on trust property or pro- ceeds thereof. 1916B, 1264. Situs for property taxation of personal property held by trustee. 191 5C, 949. Jurisdiction of equity of. 1915B, 442; 1916B, 1073. Joint suit by beneficiaries of trust. 1915E, 451. Corporate officers as trustees of corporation and stockholders. 1917F, 817. For voting corporate stock. 1917A, 1174. For public in navigable waters. 1917A, 1007. In favor of estate of insured where bene- ficiary has forfeited his rights. 1917B, 1210. One purchasing stock of goods without com- plying with Bulk Sales Law as trustee for merchant's creditors. 1916B, 970. Construction of statute impressing estate of decedent with trust in favor of cred- itors. 1915D, 754. Trust in deposit in bank generally. 1915F, 623; 1916C, 1, 6, 30, 12; 1916F, 822; 1917A, 680. Bank's duty as to trust funds. 1915 A, 728; 1915C, 518, 531. Modification of trust in farm lands. 1916B, 1073. Express or declared trusts; precatory trusts. Annotation. Bequest to one to divide as "he thinks best. 1917D, S21. Uncertainty and indefiniteness. 1917D, 819; 1917F, 660. Implied, constructive, and resulting trusts. Implied trust. 1917D, 819. One purchasing land in possession of an- other under executory contract of sale as trustee for latter. 1917A, 200. Impressing with trust secret profits made by one party to joint adventure. 1915B, 160. Imposing trust ex maleficio on title to prop- erty descending to murderer. 1915C, 328. Trust in proceeds of benefit certificate in favor of original beneficiary after change. 1916C, 1130. Trust for benefit of true owner in proceeds of timber sold from land by adverse claimant. 1916E, 718. Patentee of homestead as trustee for real owner in case of mistake by land officer. 1916C, 720. Existence of trust in property stolen or embezzled. 1915B, 442. In property purchased by agent with em- ployer's funds. 1916C, 578. Upon purchase of real estate with money given to grantee by another. 1917E, 814. In conveyance by husband to wife. 1915A, 711; 1915E, 648. Termination; discharge. Effect of divorce to terminate trust cheated by will. 1915E, 762. Termination of express trust by dec r ee of court. 1917F, 736. Proper party to sue after termination of trust. 1915E, 451. Trustees. Right of private individuals to question right of corporation to administer a trust. 1917D, 1062. Effect of adverse possession by trustee to bar recovery of trust property on ground that trust was void. 1917C, 937. Presumption that truste'e intended to per- form and not violate his duty. 1916C, 6. Trustee as proper party to sue. 1915E, 451. Action by life tenant as trustee to recover damages to remainder. 1916A, 787. Mortgage of trust estate: liability for de- ficiency judgment. 1915F, 1072. 422 TRUSTS UNAVOIDABLE ACCIDENT. Duty of trustee directed to collect income of property and pay it to a life tenant, to convert stock into other securities which will produce an income without consuming the estate. 1915A, 738. Validity of general deposit by trustee.' 1916C, 6. Individual liability on contract. 1915F, 1072. Interest of cestni qne trust; rights of creditors; spendthrift trust. Annotation. Interest of cestui que trust in spend- thrift trust as assets passing to trust in bankruptcy. 19 17 A, 989. Interest of cestui que trust in spendthrift trust as assets in bankruptcy. 1917A, 988. Dividends on corporate stock as income which trustee must credit and pay to life tenant. 19 15 A, 738. Rights and liabilities of transferees; following trust property. Trust funds in insolvent bank generally. 1915F, 623; 1916C, 1, 6, 10, 12; 1916F, 822; 1917A, 680. Trust funds mingled with those of trustee. 1915F, 1041; 1916C, 1. Recovery of trust fund from trustee's per- sonal representative. 191 5F, 1041. Following misappropriated funds into prop- erty purchased therewith. 1915B, 442; 1916C, 578. Right of creditors of insolvent to follow proceeds of insurance on which they have a lien into homestead property purchased by them. 1917B, 130. TRUTH. As defense to libel or slander. 1917C, 65; 1917D, 855. TUBERCULIN TEST. Annotation. Validity of statute requiring milk deal- er to submit his cows to. 1917C, 254:. 4 TUNNEL. Underneath highway. 191 5F, 937. Injury to servant assisting in construction of. 1915F, 810. TURNPIKE COMPANIES. See TOLLS AND TOLL ROADS TURNTABLES. Annotation. Contributory negligence of child in- jured on. 1917F, 111. TURPENTINE. Annotation. Keeping of, on insured premises. 1917C, 278. TUTORSHIP. See GUABDIAN AND WABD. TWO-FAMILY RESIDENCE. Restrictive covenants as to. 1917A, 333. TWO THIRDS VOTE. At stockholders' meeting. 1915B, 811. TYPEWRITTEN SIGNATURE. On summons. 1917B, 281. TYPEWRITTEN "WILL. Sufficiency of holographic will written on typewriter. 1917F, 391. TYPHOID FEVER. Contracted through negligent contamination of drinking water furnished by em- ployer as within Workmen's Compensa- tion Act. 1916A, 273. ULTRA VIRES. Ultra vires acts by corporation, see CORPO- RATIONS. Ultra vires contract by municipality, see MUNICIPAL CORPORATIONS. UNAVOIDABLE ACCIDENT. See INEVITABLE ACCIDENT. UNBORN CHILDREN UNILATERAL CONTRACTS. 423 UNBORN CHILDREN. See AFTEBBOBN CHILDREN. UNCERTAINTY. Of devise or bequest, see WELLS. See also INDEFINITENESS. In statute. 1917 A, 1198; 1917B, 1276. Of verdict. 1915E, 991. UNCHASTITY. See CHASTITY. UNCONSCIOUS PERSON. Signature made by band of. 1915B, 678. UNDERGROUND WATERS. See WATEBS. 4 - UNDERTAKERS. Libel by mailing by a business rival to -per- son whose wife is critically ill, of un- dertaker's card. 1917F, 1088. Validity of statute imposing upon under- takers duty of compiling certain sta- tistics concerning persons who die. 1917D, 586. *-- UNDERTAKING. On appeal, see APPEAL AND ERROB. UNDERWRITERS. See INSURANCE. UNDISCLOSED PRINCIPAL. Rights of. 1915C, 256. Pleading in action to enforce contract on behalf of. 1917B, 564. UNDIVIDED INTEREST. Annotation. Applicability of Bulk Sales Law to sale of an undivided interest. 1917D, 623. Replevin for. 1916B, 1182. UNDUE INFLUENCE. Presumption and burden of proof as to, see EVIDENCE. Sufficiency of proof of, see EVIDENCE. UNFAIR COMPETITION. Liability . generally for injury to business of competitor by misrepresentations, underselling, etc., see CASES. As to infringement of trademark, see TBADE- MABKS. Annotation. Protection of name descriptive of the Tcind or character of business. 1911C, 958. Injunction against. 1915F, 1107. Jurisdiction of suit to restrain. 1915B, Presumption and burden of proof as to. 1916E, 632. Pendency of suit for infringement of trade- mark as bar to temporary injunction in suit for unfair competition. 1915F, 1107. Permitting defendant in suit for unfair com- petition to market goods manufactured after denial of preliminary injunction by trial court where injunction is granted by appellate court. 1915F, 1107. Right of one engaged in business of welding metals by the oxy-acetylene process, to protection in use of word "Oxy." 1916E, 632. Filling by competitor of empty Prest-0-Lite tank bearing trademark "Prest-0-Lite" without completely obliterating the trademark. 1915F, 945. *-- UNFAIR LIST. Libel in charging that corporation was on the unfair list of union labor. 1916E, 667. UNIFORMITY. Of license tax, see LICENSE. In taxation generally, see TAXES. In local improvement assessments. 456. 1917E, UNILATERAL CONTRACTS. See CONTRACTS. 424 UNION DEPOT USURY. UNION DEPOT. Requiring construction of, by carrier. 1915D, 98. | UNPAID STOCK. Liability on, of stockholders, see CORPOEA- UNION LABOR. See LABOR ORGANIZATIONS. UNITED STATES. In general. Rights; powers; liabilities and obliga- tions. Suits. In general. As to postoffice, see POSTOFFICE. Effect of patent from, to shore land to pass title to land under water. 1916C, 139. Rights; powers; liabilities and obliga- tion. Annotation. Applicability to, of statutes limiting liability of shipowners. 1917C, 111O. Right of United States which has appro- priated all the unappropriated portion of a stream, to restrain prior appro- priator from using water wastefully. 1916B, 1010. Application to Federal government of pre- sumption of payment from lapse of time. 1916B, 734. Application to, of limitation of liability of shipowners. 1917C, 1103. Snits. Right to invoke Statute of Limitations againsjt. 1916B, 734. Assumpsit by, to recover money paid on forged draft. 1915D, 797. As necessary party defendant. 1916A, 1116. UNITED STATES AMBASSADOR. Attachment against property of. 1915A, 400. UNITED STATES SENATE. See CONGRESS. UNITED STATES SUPREME COURT. Jurisdiction on appeal, see APPEAL AND ERROR. TIONS. *- UNPROFESSIONAL CONDUCT. Disbarment or suspension of attorney be- . cause of, see ATTORNEYS. Of physicians, what constitutes. 436. 1916D, UNREPEATED MESSAGE. Stipulation as to liability of telegraph com- pany for. 1915B, 685. USES. Effect of statute of uses to execute trust for wife where she and her husband join in deed of her property to him in trust for her. 1915C, 767. USURY. In general; -what constitutes. Effect; remedies. In general; what constitutes. Annotations. Application of usury law to purported sale or assignment of accounts. 1917E, 1121. Payment of bonus by stranger. 1917F, 932. Refusal to permit recovery of full face of notes on foreclosure securing them where this would permit lender to re- cover usurious interest. 1916B, 807. Requiring persons seeking to have deed de- clared a mortgage to forego advantage of statutorv penalties for exaction of usury. 1915B, 492. Note taken after maturity as subject to de- fense of usury. 1917F, 916. Effect of foreclosure decree on right to raise question of usury in action to quiet title against one redeeming from mort- gage sale. 1915D, 349. Question whether transaction by which accounts receivable were assigned is a loan or a purchase. 1917E, 1110. Determining whether assignments of dif- ferent lists of accounts as security were different transactions within the rule that usury cannot be recovered back on a closed account. ]917E, 1110. Statute depriving corporation of defense of usury. 1917E, 1110. USURY VENDOR AND PURCHASER. 425 Conflict of laws as to. 1916D, 732, 739, 745. Payment of bonus by third person as in- ducement for loan. 1917F, 916. Effect of acceleration of maturity of notes representing debt and interest on de- fault in payment of one of them. 1916B, 807. Effect of borrower's option to pay before maturity notes representing aggregate of debt and highest legal interest. 1916B, 807. Reserving of interest in advance at highest legal rate on a loan. 1915D, ll95. Effect; remedies. Availability of defense. 1915C, 634. Validity of deed given to secure usurious loan. 1915D, 1195. Right of judgment creditors to elimination of usury from prior indebtedness se- cured by trust deed. 1915C, 634. Presumption and burden of proof as to. 1917F, 916. . VACANCY. In office, see OFFICERS. Of insured premises. 1915B, 844. VACATION. Of highway, see HIGHWAYS. Of judgment, see JUDGMENT. VACCINATION. Liability of city for negligence of employee in health department in vaccinating person. 1916B, 917. Of school children. 1915D, 223. VALIDATION. Of debts of municipality in excess of debt limit. 1915D, 978. VALIDITY. Of contract, generally, see CONTRACTS. VALUATION. Of property condemned, see DAMAGES. Of property for taxes, see TAXES. Of property and franchises of public serv- ice corporation for rate-making pur- poses. 1916F, 756; 1917B, 930. Of property seized under execution. 1916E, 1140. Of insured property. 1915E, 489; 1917C, 722. VALUE. Estimate of, in condemnation case, see DAMAGES. Opinion evidence as to, see EVIDENCE. Evidence as to generally, see EVIDENCE. Sufficiency of proof as to value of land. 1915A, 675. Fraudulent representations as to. 1916F, 780. VALUED POLICY LAW. Classification under, of furniture sold con- ditionally and put in use by vendee. 1917B, 253. VALUED PROPERTY. See INSURANCE. VARIANCE. Between pleading and proof, see EVIDENCE. VEHICLES. As to automobiles, see AUTOMOBILES. As to jitney busses, see JITNEY BUSSES. Power of municipality to provide for im- prisonment of one refusing to pay for use of hired vehicle. 1917B, 551. Constitutionality of regulations as to ve- hicles kept for hire. 1915F, 840. Regulation of use of streets by. 1915F, 840. Imposing license, tax on automobiles pass- ing through state as interference with interstate commerce. 1917B, 553. Licenses of, generally, 1915F, 840; 1917B, 553. Forfeiture of vehicles used in conveying liquor intended for illegal use. 1916E, 338. VENDOR AND PURCHASER. Rights and liabilities of parties gen- erally. Payment of purchase money. Defective or unmarketable title, Deficiency in quantity. Rescission of contract. Vendor's lien. Rights of parties as to third persons; bona fide purchasers. 426 VENDOK AND PURCHASER. Rights and liabilities of parties gen- erally. Validity of conveyance of land held adverse- ly, see CHAMPERTY AND MAINTENANCE. Sufficiency of land contract to satisfy Stat- ute of Frauds, see CONTRACTS. Covenants between, see COVENANTS AND CONDITIONS. As to deeds, see DEEDS. Election of remedy by vendor, see ELECTION OF REMEDIES. What constitutes fixtures as between, see FIXTURES. What constitutes fraud in purchase or sale of property, see FRAUD AND DECEIT. Sale of homestead, see HOMESTEAD. Sale under execution or attachment, see JUDICIAL SALE. Sale of foreclosure, see MORTGAGE. Rights and liabilities of purchaser of land subject to mortgage, see MORTGAGE. Reformation of land contract or deed, see REFORMATION OF INSTRUMENTS. Specific performance of contract, see SPECIFIC PERFORMANCE. Sale for taxes, see TAXES. Annotations. Power of vendee to subject owner's in- terest to mechanics' lien. 1917D, 577. Representations "by vendor as to qual- ity or condition of soil. 1917C, 273. Validity and effect of agreement by vendor to repurchase or permit a rescission of the contract, or to resell the property, at the option of his vendee. 1917C, 763. Income tax on sales of property. 1917E, 566. Implied or ostensible authority of agent to bind his principal by covenants in the sale of real property. 191 7F, 954. Implied or ostensible authority of agent for the sale of land as to repre- sentations. 1917F, 962. Presumption that deed executed to wife of purchaser of land was executed in dis- charge of the contract. 1917D, 228. Sale of standing timber. 1915A, 571. Liability of vendor of lots in town laid out by him for breach of representation that no liquor would ever be sold in the town. 1917F, 949. Power of agent for sale of land to bind principal by representation as to the character and quality of the land. 1917F, 958. Authority of agent selling land as to cove- nants. 1917F, 949. Restraints upon alienation in deed. 1916D, 924; 1917A, 671. Execution of deed by attorney in fact. 1915F, 662. Payment of purchase price in full by pur- chaser with knowledge of wrongful re- moval of buildings from land; recovery back of value of buildings. 1917A, 415. Construction of contract for transfer of land. 1917A, 200. What constitutes an option to purchase. 1915A, 317. Consideration for option to purchase in- serted in lease. 1915C, 367. Acceptance of option to purchase. 1915D, 196. What constitutes breach of option for pur- chase. 1915A, 271. Construction of representation by vendor of farm that it is in good condition for cropping. 1917C, 270. Agreement of vendor to resell land for stated price and by stated time at option of vendee. 1917C, 761. Parol evidence as to consideration for agree- ment of vendor to find a purchaser at an advanced price. 1915C, 177. Representation by vendor of farm that it is free from weeds which would make cropping impracticable. 1917C, 270. Right of vendee to maintain action for fraud where vendor has lawfully ter- minated the contract for vendee's failure to make stipulated payments. 1915F, 962. Election of remedies by vendee in case of fraud of vendor. 1915F, 962. Measure of damages for fraud of vendor. 1915A, 675; 1915F, 962. Evidence as to fraud in sale of land. 1915A, 675. Sufficiency of proof as to value of land in action for damages because of false rep- resentations. 1915A, 675. Parol evidence as to intent of grantor. 1915A, 671. Parol evidence that grantee agreed to take property subject to lease. 19] 6E, 213. Parol proof that purchaser of real property agreed to pay street improvement as- sessment. 1916E, 217. Parol evidence to show unauthorized altera- tion of deed. 1916F, 687. Parol evidence to show real contract as to acreage and price. 1916C, 403. Effect of attempted conveyance of property in possession of prior grantee to de- stroy right to enforce condition in first deed. 1916F, 303. Subrogation of purchaser paying off encum- brances to rights of mortgagee. 1915F, 771. Liability of vendor to vendee for improve- ments removed by tenant. 1917A, 415. Estoppel of vendee to claim under outstand- ing title. 1916F, 1024. Subjecting to judgment lien interest of vendee in possession under executory contract of purchase. 1915B, 340. Liability of executory vendor for use of property as house of ill fame. 1916F, 325. Right of one in possession under executory contract of purchase to maintain action for injury to land. 1915F, 1289. Payment of purchase money. Right of vendee in land contract invalid under statute of frauds to recover back voluntary payments. 1916D, 462, 466. VENDOR AND PURCHASER VENUE. 427 Priority of lien for purchase money paid, on default of vendor, over subsequent mortgage. 1916F, 430. Waiver of purchaser's lien for purchase money paid on default of vendor. 1916F, 430. Defective or unmarketable title. Specific performance in case of doubtful title, see SPECIFIC PERFORMANCE. Defects in title on judicial sale. 1915E, 834. Definiteness of pleading as to defects in title. 191 5E, 271. Right to apply money placed by vendor of real and personal property with a trustee to satisfy possible liens against the personalty, to liens against the realty. 1916A, 961. Admissibility of parol evidence in action for breach of covenant against encum- brances. 1916E, 217. Weight of opinion evidence as to title. 1915E, 271. Implied covenant of title. 191 6A, 961. Liability on covenant of warranty where title proves defective. 1916E, 901. Application of rule caveat emptor to one purchasing building with projections encroaching on street. 1916A, 1176. Effect of illegal encroachments on highway to render title to property unmarket- able. 1916A, 1176. Deficiency in quantity. Notice to purchaser of deficiency. 1916C, 403. Recovery of agreed price per acre for de- ficiency amounting to one-tenth of the represented acreage. 1916C, 403. Hescission of contract. As to what constitutes fraud justifying rescission of contract, see FRAUD AND DECEIT. Of contract for sale of personal property, see SALE. Annotations. Right of vendee to rescind contract for sale of land because of vendor's ~breac7i of covenant to make im- provements. 1917B, 4O3. Validity and effect of agreement bi/ vendor to permit a rescission of the contract at the option of the vendee. 1917C, 763. Laches in seeking a rescission of land con- tract. 1916C, 996. When action for return of money paid upon rescission of contract is barred. 1916F, 430. Estoppel as to. 1915C, 613. Right of vendee in unenforceable parol con- tract to rescind it and recover back voluntary payments. 19*16D, 466. Right of purchaser of land to recover in- terest on amount paid upon rescission of contract. 1916C, 996. Computation of interest on purchase money upon repudiation of contract for pur- chase of land. 1915E, 404. Duty of one in possession of land under parol contract of purchase, to account for rent upon refusal of vendor to per- form. 1915E, 404. Where vendor has placed himself in a posi- tion where he cannot perform his con- tract. 1916F, 430. Rescission by corporation because of secret interest of promoter of corporation. 1916C, 996. Breach of covenant as ground for. 1916B, 1201. For breach of vendor's agreement to plant and care for fruit trees. 1916F, 430. For vendor's breach of agreement to lay water mains to the property. 1917B, 401. Mistake of vendor as to area or dimensions of land. 1917A, 200. For fraud. 1915D, 257; 1917D, 228. Vendor's lien. Subrogation to vendor's lien, see SUBROGA- TION. Implied lien on property conveyed in con- sideration of support of grantor, to en- force performance of the consideration. 1915B, 1069. Rights of parties as to third persons; bona fide purchasers. Protection of recording laws to bona fide purchaser, see RECORDS AND RECORD- ING LAWS. Right of specific performance as against third person. 1917A, 200. One purchasing land in possession of an- other under executory contract of sale as trustee for latter. 1917A, 200. Presumption that trustee in deed to secure creditors and creditors secured are bona fide purchasers. 191 7C, 883. Estoppel of one failing to place land con- tract on record. 1916B, 1063. Duty of purchaser to inquire of tenant in possession, as to ownership of fixtures. 1915E, 822. Estoppel of tenant to assert right against purchaser of property. 1915E, 822. Right of purchaser of property flooded by a permanent dam to recover for recurring injury to the land. 191 6E, 990. Right of payee of check given as security for performance of land contract, which is accepted by drawee bank, to main- tain action thereon against the bank. 1915C, 531. VENDOR'S LIEN. On sale of real property, see VENDOR AND PURCHASER. VENUE. In general. Change. 428 VENUE VIBRATION. In general. Right of courts of one state to enforce laws of, or causes of action arising in, an- other state, see CONFLICT OF LAWS. As to jurisdiction over nonresidents general- ly, see COUBTS. Sufficiency of proof as to. 1915B, 71. Of suit by trustee in bankruptcy of corpo- ration to recover dividends paid out of capital. 191 7C, 393. Action for depriving person of legacy by spoliation of third person's will. 1917B, 556. Action by receiver of insolvent insurance company to enforce statutory liability of stockholders. 1916D, 1129. Action for breach of contract to locate rail- road station at certain place. 1916F, 687. Of action against municipality for injury to real estate in another county by di- version of water. 1915F, 1029. Action to compel surrender for cancelation of note and mortgage securing it. 1917F, 905. Change. Annotations. Mandamus to compel change of venue. 1917F, 914. Prohibition against court proceeding Tcith a case in which it erroneously denied a change of venue. 1917F, 911. Mandamus to compel grant of application for. 1917F, 912. Appeal from the final judgment as a plain, speedy, and adequate remedy to correct refusal to change venue. 1917F, 905. Change of, as infringement of right to jury trial. 1915F, 922. Grant of change of venue on behalf of the state. 191 5F, 922. Giving accused right to change of venue without conferring same right upon state. 1915F, 920. VERANDA, See POBCH. VERDICT. Review of, on appeal, see APPEAL AND ERROR. In condemnation proceedings, see EMINENT DOMAIN. Judgment notwithstanding verdict, see Jt OGMENT. Now trial for errors in, see NEW TRIAL. Direction of, see TRIAL. In general, see TRIAL. Affidavit of juror to support verdict on mo- tion for new trial. 1915D, 569. Charging juror with knowingly returning wrong verdict. 1915D, 578. VERIFICATION. Of pleading, see PLEADING. Of information. 1915B, 505, 651; 1917C 610. Of specifications of charges in disbarment proceedings. 1915D, 1218. Of claim against municipality. 1916D, 1079. Of facts stated in application for manda- mus. 1916F, 1033. VERMIN. As to rats, see RATS. VESSELS. Matters as to shipping, see SHIPPING. Liability for injury to vessel by collision with drawbridge over navigable stream. 1915F, 1062. Territorial sovereignty of state as extend- ing to vessel of the state upon navi- gable waters. 1916D, 935. Application of state Workmen's Compensa- tion Act to injury on. 1916A, 436, 446; 1916D, 935. Applicability to vessels of police laws of the state. 1915F, 1140. Sale of liquors on, in evasion of laws of state. 1915F, 1149. VESTED INTEREST. Under will, see WILLS. VESTED RIGHTS. In general, see CONSTITUTIONAL LAW. Of member of benefit society in rate named in constitution at time he became mem- ber. 1916A, 750. Of beneficiary in insurance. 1915D, 130. To award under Workmen's Compensation Act. 1916D, 044. To practise law. 1915D, 1218. What is a vested interest subject to lien of judgment. 1915B, 340. VIBRATION. Injury to property by vibration caused by blasting. 1915E, 356; 1916D, 101; 1916F. 897. As element of damages in condemnation proceedings. 1916E, 420. VICTUALS VOTING TKUST. VICTUALS. VISIBLE MARK. 429 See FOOD. VIEW. Annotation. Interference with view. 1917C, 1135. View outside the territorial jurisdic- tion. 1917 F, 984:. Definition of. 1917F, 974. Liability for interference with. 1916C, 1260; 1917C, 1131. Review of discretion as to. 1915F, 558. Permitting view of locus in quo in another state. 1917F, 974. Right of judge sitting as a jury to take a view of the locus in quo without statu- tory authority. 1917F, 974. New trial because of surreptitious view by jury. 1915B, 702. Waiver of making experiments at view by failure to object until the decree is entered. 1917F, 974. VILLAGE. Liability for injuries by defects in streets, see HIGHWAYS. In general, see MUNICIPAL CORPORATIONS. Annotation. Power to employ attorney. 243. 1917D, VIOLATION OF LAW. Annotations. Provision in insurance contract against liability for death or injury re- sulting from, as applied to death or injury resulting from a person- al encounter. 1917C, 199. Liability of oivner of automobile ivho intrusts car to another in violation of statute for injuries inflicted while the latter is operating the car for his oivn purpose. 1917F, 384=. As wilful misconduct within meaning of Workman's Compensation Act. 1916D, 903. Violation of law as negligence. 1917A, 710; 1917C, 998, 1146. Presumption of negligence arising- from violation of statute. 1916D, 1006. Private action for. 1915D, 1021; 1917C, 1146. As proximate cause of injury. 1917E, 272; 11U7F, 621. By plaintiff as defense to suit. 1915E, 959: 1916E, 1212, 1222; 1917A, 1276. Death of insured while engaged in. 1917C, 195. As to speed of railroad train. 1916D, 981. What constitutes visible mark upon body of insured. 1917D, 1174. VITAL STATISTICS. Validity of statute imposing upon under- takers duty of compiling certain statis- tics concerning persons who die. 1917D, 586. VOIR DIRE. Examination on, see JURY. VOLUNTARY PAYMENT. Recovery back of. 1916D, 462, 466; 1916F, 532; 1917 A, 415. VOLUNTEERS. Question for jury as to. 1916B, 987. Liability for injury to. 1915F, 1125; 1916F, 95; 1917C, 1199. VOTERS AND ELECTIONS. See ELECTIONS. VOTING CONTEST. Annotation. Legality of voting or popularity con- tests. 1917D, 489. Question whether contract for, is one of in- surance or of suretyship or guaranty. 1917D, 485. Validity of contract between merchant and corporation to stimulate trade by means of. 1917D, 482. Scheme to increase trade by means of, as a lottery. 1917D, 485. VOTING MACHINES. Legality of use of. 1915C, 513. VOTING TRUST. Validity of. 1917A, 1174. 430 VOUCHERS WALL. VOUCHERS. Bank depositor's duty as to discovering forgeries. 1915D, 741. WAGE EARNERS. Annotation. Effect upon state insolvency laws of provisions of Federal Bankruptcy Act excepting wage earners from involuntary bankruptcy. 1917 A, 109. WAGERS. Validity of wager contract, see CONTRACTS. WAGES. Average earnings of employee within mean- ing of Workmen's Compensation Act, see AVERAGE EARNINGS. In general, see MASTER AND SERVANT. Annotation. Amount of wages exempt upon succes- sive garnishments. 1917D, 899. Assignment of. 1915B, 191; 1915E, 1017; 191 6D, 267; 1916E, 247. Successive garnishment of. 1917D, 898. Evidence on question of amount of. 1915C, 1208. Libel in charging that corporation pays less wages than its rivals. 1916E, 667. Liability of trade union for failure to notify contractor of change in wage scale. 1915E, 1006. "WAIVER. Of defects in pleading, see APPEAL AND ER- ROR. Of error in trial court, see APPEAL AND ER- ROR. By appearance, see APPEARANCE. Of lien of chattel mortgage, see CHATTEL MORTGAGE. Of one remedy by pursuing another, see ELECTION OF REMEDIES. By insurance company, see INSURANCE. Of right to jury trial, see JURY. Of liens, generally, see LIENS. Of mechanic's lien, see MECHANICS' LIENS. Of defects in pleading, see PLEADING. Annotations. Of conditions of reinstatement of member of benefit society. 1917C, 26O. Use of building by oivner as accept- ance of worJc of construction or repair and as a waiver of Tcnoivn defects therein. 1917C, 324. Effect of carrier's waiver of lien for freight charges to release consignor. 1917A, 663. By appearance. 1916E, 1079; 1917C, 148. By lessor of provision as to character of business to be conducted on premises. 1917C, 931. By employee of benefit of constitutional provision forbidding statutory limita- tion of recovery for personal injuries. 1916A, 389. By conditional vendor, of right to maintain action for injury to property. 1917D, 214. Of rights by accused. 1915D, 817; 1916D, 590. Of privilege of confidential communications. 1915C, 834; 1916A, 475, 519. Of right to appeal. 1916E, 892. Of irregularities in mandamus proceedings. 1916F, 1033. Of irregularity in transferring cause from territorial to Federal district court. 1915C, 834. Of disqualification of juror. 191 6D, 820. Of statutory limitation of public improve- ment assessments. 191 7F, 493. Of objections to assessments for public im- provements. 1915D, 772. Of breach of promise to marry. 1915B, 279. Of right to rescind contract. 1916F, 476. Of notice of protest of note. 1916B, 941. Of breach of condition in oil and gas lease. 1916B, 686. Of breach of covenant. 1916D, 924; 1917C, 879. Of covenant in lease. 1915E, 846. Of forfeiture of lease. 1915B, 998. Of notice of acceptance of guaranty. 191 7D, 402. Of notice of claim against carrier. 1917C, 433. Of stipulation as to time for action against carrier for injury to goods. 1916D, 345, 1046. / Of requirement that passenger travel with his baggage. 1915E, 281. Of objections to performance of contract. 1917C, 322. Of pardon. 1917B, 567. Of right to forfeit oil and gas lease. 1917B, 1184. Of warranty, question for jury as to. 1917C, 445. Of stipulation as to time for delivery of goods sold. 1916E, 932. Of rule by employer. 1915F, 558. Of prepayment of tools for telegraph serv- ice. 1915C, 450. WALI* Party walls, sea PARTY WALL. WALL WASTE. 431 Annotation. Duty as to maintenance and repair of retaining wall. 1917F, 683. Injunction to compel one to repair retain- ing wall to prevent its falling onto ad- joining property. 1917F, 680. Negligence as to. 1915C, 704, 710; 1915E, 926; 1917F, 680. WANTON NEGLIGENCE. See NEGLIGENCE. 4 WAR. As to militia, see MILITIA. Annotations. Litigation arising out of Mexican rev- olution. 1917 A, 28O. Effect of war on contracts with alien enemies. 1917C, 662. Right of commander of army to seize private property or levy contributions. 1917A, 276. Validity of seizure and sale of goods in for- eign country by military force. 1917A, 276. Effect of war to render invalid contract pre- viously entered into by which an Eng- lish corporation agrees to sell its entire product of zinc concentrates to German citizens. 1917C, 650. Effect of war which makes lessee an alien enemy on liability for rent. 1917C, 644. Effect of war which makes lessee an alien enemy to suspend his remedies against assignee of lease. 1917C, 644. "WARD. See GUARDIAN AND WARD; INCOMPETENT PERSONS. WARDEN. Authority of fish warden to arrest. 1915F, 1031. WAREHOUSEMEN. Rights and liabilities generally. Evidence of custom on question of negli- gence. 1915D, 725. Who may maintain action for injury to property deposited in warehouse. 1915D, "795. Loss of, or injury to, property; rights in in- surance on property and in amount realized by way of salvage. 1917D, 847. Injury to property by unusual tide. 1915D, 725. Compromise of claim for goods lost or in- jured; validity. 1917D, 847. Delivery of property without production of receipt. 1916F, 289. Warehouse receipts. Alteration of warehouse receipt by agent without authority. 1916F, 289. WARNING. Duty to give to servant, see MASTER AND SERVANT. Duty to give, to persons on railroad track. 1917D, 666. To passenger of danger. 1915E, 964. WARRANT. Arrest without warrant, see ARREST. Proceeding to compel auditor to issue war- rants for statutory allowance to state officers. 1915E, 858. Mandamus to compel issuance of. 1915E, 858. Mandamus to compel countersigning of. 1916D, 321. 4 WARRANTY. Damages for breach of, see DAMAGES. In insurance contract, see INSURANCE. On sale of personalty, see SALE. Implied warrant of shipowner to seamen that the ship is seaworthy. 1916A, 1149. WASHHOUSES. Statute requiring maintenance of wash- houses for employees. 1915B, 420. WASTE. Who may maintain action to prevent waste of public money. 191 5D, 485. Claim for, as within protection of contrac- tor's bond. 1917A, 336. Counterclaim for wrongful eviction in ac- tion by landlord for waste. 1916C, 491. By life tenant. 1915B, 219. Right of life tenant to recover for damages to remainder from one negligently set- ting fire to property. 1916A, 787. Of water of irrigation system. 1916F, 236. Right to complain of waste of water by prior appropriator. 1916B, 1010. 432 WATCH INSPECTOR WATERS. WATCH INSPECTOR. Injury to motorman when attempting out of working hours to board car to visit official watch inspector. 1917A, 250. WATCHMAN. Duty to provide, at railroad crossing. 1915A, 363. Liability of employer for unlawful arrest by. 1916F, 1247. Recovery under Workmen's Compensation Act for killing of night watchman by police officer in belief that he was a robber. 1916D, 933. Question whether watchman at highway crossing is engaged in interstate com- merce within meaning of Federal Em- ployers' Liability Act. 1917E, 262. WATER FRONT. Annotation. Division of, in absence of agreement, between adjoining riparian own- ers. 1917B, "786. Use of, for wharfing purposes. 1916C, 139 ; 1917A, 1007. Division of, between riparian owners. 1917B, 783. WATER MAINS. Rescission of land contract for vendor's breach of agreement to lay water mains to the property. 1917B, 401. Injury to lessee's property by leaking or bursting of. 1917B, 222, 238. WATER POWER. Annotation. Situs of mill site or water power for purposes of taxation. 1917F, 591. Situs of, for taxation. 1917F, 585. Attempted reservation of, by deed. 1916A, 524. WATERS. In general. What are public or navigable. Relative rights as between states, or state and United States. Relative rights of public and individ- uals. in general; state regulation and control. in bed and shores. accretions; change of bed. Water rights and easements as be- tween individuals. riparian or littoral rights in general; what are water- courses. accretions; alluvion; islands; flats. use of water; interference with flow. obstructions; overflow. pollution. prior appropriation. surface and seepage water. subterranean "waters; springs; wells. irrigation; ditches; water rights. adverse use; prescription. Water supply. in general. duties and liabilities of water company. water rates and charges. meters. In general. As to canals generally, see CANALS. Ferry over, see FERRIES.. Rights as to fishing, see FISHEBIES. Rights in ice, see ICE. Liability of landlord to tenant for damage by water, see LANDLORD AND TENANT. As to levees, see LEVEES. Negligence as to ponds, see PONDS. Proximate cause of injury by, see PROXI- MATE CAUSE. Duty of agister to supply pasture with water. 191 5E, 590. Easement for pipe line. 1915C, 355 ; 1916E, 432. Recovery, under Workmen's Compensation Act, for death on navigable waters of the United States. 1916A, 436, 446. Casting of water from eaves over boundary line. 1916A, 689. Injury to property in warehouse by flood. 1915D, 725. 'What are public or navigable. Necessity that waters be capable of com- merce of pecuniary value. 1916C, 139. Canal as a navigable public highway. 1917F, 776. Lakes. 1916C, 139. Relative rights as between states, or state and United States. Effect of commerce clause of Federal Con- stitution. 1917A, 1007. Relative rights of public and indi- viduals. in general; state regulation and control. Right of riparian owner to maintain action because stream has been made less pleasant for boating, fishing, and bath- ing. 1917F, 206. State ownership. 1916C, 139; 1917A, 1007. WATERS. 433 State regulation or control. 1916C, 139. State control of harbor within harbor lines. 1917A, 1007. Permitting diversion of public waters to pri- vate use. 1917A, 1007. in bed and shores. What law governs question of ownership of. 1916C, 139; 1917A, 1007. Rights of riparian owner generally; state control over. 1916C, 139. Title of state to soil under navigable waters below low water mark in trust for peo- ple. 1916C, 139. Fee to land between high and low water mark. 1916C, 139. Under grant from United States govern- ment. 1916C, 139. Right of riparian owner to wharf out. 1917A, 1007. Lakes and ponds. 1916C, 139; 1917A, 1007. accretions; change of bed. Right to accretions and relictions. 1916C, 139. "Water rights and easements as be- tween individuals. riparian or littoral rights in gen- eral; what are watercourses. Rights in ice, see ICE. Annotations. Division in absence of agreement of water front between adjoining riparian owners. 1917B, 786. Interference with pleasurable posses- sion of stream as causing special damage or peculiar injury which it-ill sustain an action by a private individual -for nuisance. 1917F, 2O8. Right of riparian owner to maintain action because stream has been made less pleasant for boating, fishing and bath- ing. 1917F, 206. Division of water front or bed. 1917B, 783. Severance of water power from upland. 1916A, 504. accretions; alluvion; islands; flats. Annotation. Division, in absence of special agree' ments, of water front, alluvion, and flats between adjoining ri- parian owners. 1917B, 786. use of water; interference with flow. Use for irrigation, see infra. Prior appropriation, see infra. Diversion by railroad embankment, see RAILROADS. Who may maintain action for diversion. 1916F, 1289. Action of trespass for diversion. 1916E, 981. Successive actions for injury by diversion. 1916E, 981. L.R.A. Tri. Index 1915-17. 28. Liability of husband for wrongfully chang- ing course of stream flowing through wife's lands. 1916F, 1289. Municipal liability for diversion. 1916B, 1027. Venue of action against municipality for diversion. 1915F, 1029. Taking for public water supply. 1916E, 981. Hastening or increasing flow. 1915E, 294; 1917C, 1021. Restoring to old channel. 1916F, 403. obstructions; overflow. Obstruction of surface waters, see infra. By railroad embankment, see RAILROADS. Annotation. Right to deepen natural channel or drain as protection against over- flow. 1917C, 1O27. Relevancy of evidence in action for injury. 1917A, 501. Burden of proof in action for injury by ob- struction. 1917A, 501. Effect of warranty deed of land to transfer right of action for injury by flooding. 1916E, 990. Estoppel to complain of flooding. 1916E, 990. Prejudicial error as to damages in action for injury. 1915E, 294. Successive suits for injuries by flooding. 1916E, 958, 962, 990. Liability of husband changing course of stream on wife's lands for resulting overflow. 1916F, 1288. Right of municipality to erect embankment to restrain flood water, although result is to cause water to rise somewhat higher on property on opposite side of stream. 1915C, 700. Inundation of lower riparian property bv hastening or increasing flow of water. 1915E, 294. Duty of one changing course of stream to provide new channel sufficient to carry off high water. 1916F, 1289. pollution. Injunction against. 1916B, 1135. Successive suits for. 1915A, 369. Right of riparian owner to divert water from stream and make such use of it that it becomes polluted and impairs the quality of the other water of the stream on being returned to it. 1917F, 1146. Right to use water of stream to cool ma- chinery where, when returned to stream in its heated condition, it prevents for- mation of ice, to injury of lower ri- parian owner. 1915F, 1210. Pollution of wells by gas manufacture. 1915A, 369. By mining operations. 1915D, 911. By sewage. 1915A, 282; 1916F, 189. prior appropriation. Rights of junior against prior appropriator. 2916B, 1010. 434 WATERS. surface and seepage water. Obstruction by railroad embankment, see RAILROADS. Annotations. Bight of owner of lower tenement as against the rights of the upper landowner to obstruct surface wa- ter in a natural drainage channel. 1917A, 517. Right to deepen natural channel or drain as protection against over- flow. 1917C, 1O27. Burden of proof in action for injury by ob- struction. 191 7A, 501. Relevancy of evidence in action for injury. 1917A, 501. Right to drain generally. 1917F, 942. Duty to keep natural drainway open. 1917A, 501. What constitutes a natural drainway or drainage channel. 1917A, 501. Prescriptive right to cast surface water on- to adjoining property. 1917F, 942. Injury to submerged land by rapid with- drawal of water standing on it result- ing from deepening of outlet. 1917C, 1021. Hastening flow of. 1916F, 424. Obstructing flow of; throwing back. 1917F, 942. subterranean -waters; springs; wells. Annotation. Right of municipal corporation in re- spect of percolating waters. 191 7F, 691. Successive suits for pollution of percolating waters. 1915A, 369. Right of municipality to pump percolating water from land owned by it for public use. 1917F, 684. Right to use percolating water for manu- facturing purposes. 1915A, 369. Injury to property by flow of water into cellar due to blasting in street. 1915D, 1080. irrigation; ditches; water rights. Prior appropriation for irrigation process, see supra. Condemnation of property for. 1916C, 1275. False representation that ownership of land carries privilege of using water for irri- gation. 1915A, 675. Statement by vendor that irrigation project would pass close to property. 1916B, 1069. Jurisdiction of railway commission to de- termine question of ownership of irri- gation canal. 1915D, 1205. Right to regulate rates of irrigation com- pany. 191 5D, 1205. Estoppel of irrigation company to set up failure of predecessor to comply with contract with state. 1916F, 236' Imposition on owner of irigation ditch of expense of constructing and maintain- ing bridge. 1915E, 687. Mandamus to compel irrigation company to- issue shares of stock to purchaser of land in irrigation district. 1916F, 236. Refusal of corporation taking over irriga- tion system to sell stock to purchaser of land within the irrigation district. 1916F, 236. Refusal of irrigation company to deliver water to purchaser of stock not trans- ferred on books. 1915D, 292. Statute requiring proposal for construction of irrigation system to state price and terms per acre at which perpetual water rights will be sold. 1916F, 236. Negligence of irrigation ditch company as to care of ditch. 1915D, 292. Damages for injury to crop by failure to furnish water. 1915D, 292. Extent of use generally; rotation in use. 1916F, 236. adverse nse; prescription. Prescriptive right to cast surface water onto adjoining property. 1917F, 942. Water supply. in general. Annotations. Right to transfer or mortgage privilege to use streets. 1917D, 7O7. Liability for damage to service numr.s by excavating in street. 1917 E^ 1094. Right of municipal corporations in re- spect of percolating waters. 191 7F,. 691. Rescission of land contract for vendor's breach of agreement to lay water mains to the property. 1917B, 401. Exemption of municipal waterworks from taxation. 1915A, 1118; 1915D, 1103. Right of water company to injunction against enforcement of tax. 1916A r 965. Requiring company not shown to have valid franchise to enlarge its plant. 1916F, 756. Diversion of water for public water supplv. 1916E, 981. Use of subterranean water for public pur- pose. 1917F, 684. Validity of contract for municipal water supply. 1915A, 904; 1917B, 908. Measure of damages on condemnation of water plant. 1916F, 5H Evidence on question of value of water right. 1916F, 756. Effect of franchise of water company on municipal construction and operation of waterworks system. 1915C, 438. Sufficiency of enactment and publication of ordinance as to issue of waterworks bonds. 1915A, 910. Creation of indebtedness for waterworks. 1915A, 904. WATERS WEARING APPAREL. 435 duties and liabilities of water com- pany. Implied contract to furnish adequate sup- ply. 1917D, 678. Construction of contract between water com- pany and municipality. 1915A, 246. Condition- precedent to action against city for damages from use of contaminated water supply. 1915E, 749. Validity of contract to furnish free water supply to railroad company. 1917E, 680. Right to resort to courts instead of com- mission to prevent water company from violating contract to furnish water. 1917E, 680. Right of company to terminate contract to furnish free water supply. 1917E, 680. Liability in damages for breach of contract , to furnish water. 1917D, 678. Injunction against shutting off supply. 1917B, 908. Construction of agreement to renew contract for water supply upon such terms as are mutually agreed upon. 1917D, 1074. Specific performance of agreement to renew contract for water supply upon such terms as are mutually agreed upon. 1917D, 1074. Who must bear cost of laying service pipes between water mains and lot lines of private consumers. 1915A, 246; 1916E, 258. Attempt to hold company liable for negli- gently turning water into pipes of house so violently as to force open a screw faucet and flood the property. 1916D, 300. Right to make rules and regulations. 1915A, 246. water rates and charges. Annotation. Right of water company to discontinue service after tender of amount due. 1917C, 376. Recovery of fair value of water furnished to the public in excess of what its fran- chise required to be furnished free. 1916D, 431. Construction of provision in franchise that water should be furnished free for sprinkling streets and for public build- ings. 1916D, 431. Construction of contract establishing meter rates. 1915D, 917. Effect of extension of city limits to take in property to which water mains have been extended, to abrogate contract as to rates for water furnished. 1916A, 1060; 1917D, 802. Due process in abrogation of consumer's contract for rates. 1917C, 574. Impairment of contracts by rate regulation. 1917C, 574. Power of Public Service Commission over rates. 1915D, ]205; 191 7D, 574. Right to regulate rates of irrigation com- pany. 1915D, 1205. Valuation of property of company as basis for rates. 1916F, 756. Delegation to municipality of power to fix rates. 1915C, 261. Who may maintain action to enforce rates provided in contract with municipality. 1915D, 917. Inequality of rates; free service. 1915D, 917, 1086; 1916D, 991; 1917B, 908; 1917C, 574; 1917E, 680. Enforcing payment of rates. 1915A, 242; 1916E, 417; 1917D, 678. meters. Construction of contract establishing meter rates. 1915D, 917. Regulation of board of water commissioners as to installation of, and payment for, meters. 1915A, 320. Requiring consumers of water to bear ex- pense of meters. 1915A, 320. <* WATERWORKS. See WATEBS. WAY. Annotation. Easement of way as including right to lay pipes. 1917F, 4:4=9. Easement of. 1915C, 345; 1915D, 1010. Injunction against attempted use of way. 1915C, 345.' WEAPONS. Carrying of, see CABBYING WEAPONS. Annotation. Embargo on exportation to Mexico, in- dictment for violating. 1917 A, 2S1. WEARING APPAREL. Annotations. Measure of damages for loss or conver- sion of or injury to. 1917D, 495. As a family expense or necessary with- in statute rendering wife or her property liable therefor. 1917F, 862. Opinion evidence as to value of. Measure of damages for loss of. 1917A, 58. 1917A, 58. 436 WEBB-KENYON ACT WILLS. WEBB-KENYON ACT. Annotation. Constitutionality , construction, and ef- fect of. 1917B, 1229. Validity of. 1916C, 278, 291; 191 7B, 1218. Effect of. 1916C, 273, 291; 1917B, 1218, 1230. WEIGHTS AND MEASURES. Annotations. Constitutionality of statute whicU makes shipper's statement as to weight conclusive. 1917E, 1O22. Knowledge or intent as element of the offense of using or giving false weight or measure. 1917D, 1129. Punishment for use of false weight, meas- ure, or balance. 1915D, 515. Criminal liability of corporation for violat- ing statute as to. 1915D, 515. Indictment for use of false weights and measures. 1915D, 515. Effect of custom to render statute as to, un- reasonable. 1916E, 380. Conviction for violation of ordinance mak- ing it punishable to "knowingly" give anv false weight or measure. 1917D, 1127. Requiring certain articles to be sold by avoirdupois weight or numerical count. 1916E, 377. Requiring lard to be sold in containers con- taining a certain amount net weight. 1916E, 380. Requiring net weight of print or package to be stated on label or disclosed by seller to buyer. 1915D, 515. WELLS. In general, see WATEBS. Drowning of infant in. 1915A, 731. "WHARVES. Use of water front for wharfing purposes. 1916A, 139; 1917A, 1007. Wharf as fixture. 1916A, 961. Giving one ship broker exclusive right to storage space on export wharf. 1916D, 253. Nuisance in delivering dynamite from car to vessel at the end of a pier. 1916B, 716. Necessity of submitting question of dis- crimination in giving privileges on, to Interstate Commerce Commission be- fore appeal to courts. 1916D, 253. Injury to vessel by explosion of dynamite at pier. 1916B, 716. "WHITE SLAVERY. See PROSTITUTION. WIDOW. Right to inherit, see DESCENT AND DIS- TRIBUTION. Election by, between dower and provisions of will, see WILLS. Homestead rights of. 1916A, 997, 999. As proper person upon whom to make de- mand for autopsy provided for in in- surance policy. 1915D, 1199. Inheritance tax on interest of widow in hus- band's estate. 1915D, 450; 1916C, 670; 1917F, 436. Rights of, in life insurance. 1915A, 264; 1915B, 749; 1915D, 130; 1916D, 1168. Allowance to, out of husband's estate. 1916E, 593. Right of widow claiming interest in testa- tor's estate to benefit of a conversion by the will of realty into personalty. 1917D, 464. WILFUL MISCONDUCT. What constitutes, within meaning of Work- men's Compensation Act, see WORK- MEN'S COMPENSATION. WILFUL NEGLIGENCE. See NEGLIGENCE. WILLS. In general. Validity; effect of partial invalidity. Testamentary character. Execution; attestation. Revocation. Who may make; capacity; undue in- fluence. Probate; contest; foreign -wills. in general. trial or hearing; witnesses; evi- dence. Codicil. Nuncupative; holographic. Devise and legacy generally. Description of beneficiaries; who may take. Children not mentioned or disin- herited. What property passes. Partial intestacy. WILLS. 437 Nature of estate or interest created. in general. life or fee. estates tail; rule in Shelley's Case. estate or gift npon condition. remainders. executory devises; conditional limitations. income or snpport; education. interest of several. vested or contingent interests. Enjoyment; payment; acceleration. Election; acceptance. Equitable conversion. Charge npon interest or property de- vised. Lapsing; ademption; deduction; revo- cation; renunciation. In general. As to charitable bequest generally, see CHABITIES. Matters concerning executors and adminis- trators, see EXECUTOBS AND. ADMINIS- TBATOBS. As to perpetuities, see PERPETUITIES. Execution of power by, see POWEBS. Tax on gifts by, see TAXES. Creation of trust by, see TBUSTS. Annotations. Liability for mutilation or spoliation of will. 1917B, 55S. Death of promisee before that of prom- isor in agreement to make provi- sion by will. 1917D, 812. Change bv will of beneficiary of insurance. 1917F, 398. Conclusiveness of declarations in will as to domicil of testator. 1916A, 718. Effect of revocation of provision in, for pay- ment of note. 1917C, 1005. Liability for mutilating another's will. 1917B, 556. Venue of action for mutilation of. 1917B, 556. Validity; effect of partial invalidity. Annotation. Devise or bequest to one described as "husband," "wife," or "widow" as affected by illegality or nonexis- tence of marriage. 1917B, 1153. Presumption and burden of proof as to for- gery. 1916D, 635. Effect of illegality of marriage on devise to reputed wife. 1917B, 1150. Testamentary character. Annotation. Effect of words in obligation for pay- ment of money indicating that it was intended as a bequest. 1917C, 1011. Instrument in form of short warranty deed to be held in escrow until death of grantor. 1917C, 964. Instrument reciting a promise to pay a spec- ified sum as a bequest after decease of promisor and wife. 1917C, 1005. Execution; attestation. Annotations. Writing name in body of will as sig- nature thereto. 1917D, 632. Effect of witness not signing his true name. 1917D, 896. Necessity that attesting witnesses be present at the same time. 1917F, 872. Considering probate of will as evidence in support thereof where there is evidence against the proper execution of the instrument. 1917E, 530. Sufficiency .of date of will. 3916E, 498. Signature of testator. 1915D, 902; 1916E, 692; 1917D, 629, 779. Signature of attesting witness. 1915B, 87; 1916C, 946; 1916D, 1059; 1917D, 894. Who may be witness. 1915E, 832; 1916D, 179; 1916E, 692. Presence of parties. 1916C, 946; 1917F, 866. Attestation clause. 1916D, 179. Revocation. By subsequent will. 1916C, 89; 1917F, 234. By mutilation. 1915D, 1140. Who may make; capacity; undue in- fluence. Opinion evidence as to testamentary capac- ity/ 1916D, 179. Degree of mental capacity; hallucinations. 1915A, 443; 1916E, 692. Presumption and burden of proof as to un- due influence. 1916C, 946; 1916E, 692. Sufficiency of proof of undue influence. 1915E, 593. Probate; contest; foreign in general. Annotations. Bight of executor to allowance for at- torneys' fees for services rendered in attempt to establish or resist attack upon will. 1917 A, 45O. Probate of will as evidence. 1917E, 533. Right to foreclose mortgage pending contest of will. 1915C, 993. Question whether the instrument offered is the will of the decedent as the question to be decided. 1915E, 832. Necessity of revocation of order admitting will to probate upon discovering a former will, a portion of which is not revoked by the later will. 1917F, 234. Probate of will as evidence of its validity. 1917E, 530. 438 WILLS. Right of executor to allowance for services and expenses in unsuccessful effort to probate will against contest. 1917A, 448. Effect of compromise of will contest by widow on assessment of inheritance tax on her interest under the will and an antenuptial agreement. 191 5D, 450. trial or hearing; -witnesses; evi- dence. Sufficiency of proof, see EVIDENCE. Sufficiency of objection to competency of witness. 1916C, 1214. Stockholder witnessing will which names the corporation as executor as within stat- ute providing that beneficial interest given to a subscribing witness is null and void and he shall be compelled to give testimony as to the residue of the will. 1916D, 179. Reversible error in admission of testimony. 1916C, 1214. Parol evidence as to meaning of. 1915E, 1008. Opinion evidence as to testamentary capac- ity. 1916D, 179. Sufficiency of proof of undue influence. 1915E, 593. Sufficiency of proof by attesting witness. J9]5E, 593, 1916C, 1214. Jurisdiction to determine domicil of testa- tor on hearing of application to probate. 1916A, 718. Codicil. Effect of codicil of will which has given tes- tator's estate absolutely to his widow, to create a valid executory devise as to the money, by provision as to disposal of money on hand at wife's death. 1917C, 1001. Effect of mutilation of codicil. 1915D, 1140. Nuncupative ; holographic. Annotation. Violation of requirement that holo- graphic will shall be written by testator. 1917F, 393. Devise of real property by nuncupation. 1916E, 1130. Date of. 1917C, 470. Sufficiency of holographic will written on typewriter. 1917F, 391. Signature of holographic will. 1915D, 902; 1917D, 629, 779. Devise and legacy generally. Construction or effect of codicil, see supra. Annotations. Validity of limitation upon power of alienation imposed upon devise of equitable estate to married wo- man. 19 17 A, 679. Devise or bequest by implication. 1917 A, 1213. Devise or bequest to one described as "husband," "wife," or ''widow," as affected by illegality or nonex- istence of marriage. 1917B, 1153. Right of state to abolish right of inheri- tance or bequest. 1917E, 909. Change of beneficiary of insurance policy by will. 1915A, 109. Specific performance of contracts to devise property. 1916D, 421. Rule of construction in case of ambiguity. 1915A, 90. Intent of testator generally. 1917B, 1150. Presumption and burden of proof as to tes- tator's intent. 1916C, 613. Presumption that where a more general de- scription is coupled with the enumera- tion of things the description shall cover only things ejusdem generis. 1915C, 653. Parol evidence as to intention of testator. 1917A, 1210. Description of beneficiaries; who may take. As to definiteness of description in chari- table bequest, see CHARITIES. As to definiteness of beneficiaries of trust, see TRUSTS. Annotation. Gift to one who shall have rendered specified services to testator or an- other, as void for uncertainty. 1917C, 600. Uncertainty as to beneficiaries. 1917C, 597. Time of determination. 1916A, 718. Nephews and nieces. 1916F, 787. Children not mentioned or disinherit- ed. Presumption as to intent of testator to dis- inherit. 1917D, 713. Right of parent to disinherit child. 1916D, 421. Collusiveness Of decree of probate court as to right of pretermitted child to in- herit. 1916D, 421. Effect of contract preventing disinheritance of adopted child. 1916D, 421. What property passes. What property passes by deed, see DEEDS. Annotation. What passes under devise or bequest of store, shop, or business. 1917D, 435. Parol evidence as to mistake in description. 1915E, 1008. Bequest of drug store as passing the money rights and credits of the concern. 1917D, 426. Bequest of lot and residence thereon and "all the contents of said residence" as passing automobile kept in garage on the lot. 191 7D, 426. WILLS. 439 Effect of bequest of a bureau and contents to pass title to sum of money found therein. 1915C, 653. Partial intestacy. As to children not mentioned or disinherit- ed, see supra. Annotations. Devise or bequest by implication. 1917A, 1213. Election to take under will as affecting right to taTce property not disposed of by will. 1917D, 762. Devise by implication. 1917A, 1210. Parol evidence to show intent of testator in case of partial intestacy. 1917A, 1210. Effect of widow's election to take under her husband's will to bar her and her heirs from inheriting property undis- posed of by will. 1917D, 758. Descent of property to heirs at law where devise in trust is invalid. 1917F, 660. Nature of estate or interest created. in general. Estates or interests created by deed, see DEEDS. life or fee. Annotation. Devise or bequest to one and his chil- dren as giving the children an es- tate- jointly or in common ivith the parent, or a remainder upon a life estate in the parent. 1917B, 49. Power of disposal. 1915D, 153; 1916C, . 1040; 1917A, 168. Enlarging or reducing by other provisions. 1915A-, 90; 1916B, 1235; 1917A, 168. Devise to testator's son and his children after life estate as creating joint estate in fee. 1917B, 45. estates tail; rule in Shelley's Case. Limitation of remainder *o one and his "lawful issue" as vesting in him an es- tate tail. 1916B, 1076. Effect of loan by will of land to one for life, with a devise of it in fee to his heirs at his death, to pass the fee to him. 1915D, 496. estate or gift upon condition. Annotations. Provision in devise for payment of a sum of money, or for the support of a third person, as a charge, a condition subsequent, or a condi- tion precedent. 19 17 A, 617. Validity and construction of condi- tions against marriage with a cer- tain person, or a particular class of persons. 1917 A, 44. Validity and effect of conditions re- quiring consent to marriage of legatee or devisee. 1917D, 468. Condition precedent. 1917A, 611. Condition subsequent. 1915A, 90; 1916D, 1194; 1917A, 611. Devise of remainder estate to son subject to life interest of widow and payment of certain legacies at death of life tenant. 19 17 A, 611. Sufficiency of compliance with condition that devisee shall take care of testator and his wife for the remainder of their lives. 1915A, 90. Condition in restraint of marriage. 1915A, 311; 1916D, 1194; 1917A, 40; 1917D, 464. remainders. As to remainders generally, see DEEDS. Annotation. Devise or bequest to one and his chil- dren as giving the children an es- tate jointly or in common ^vith the parent, or a remainder upon a life estate in the parent. 1917B, 49. executory devises; conditional limi- tations. Effect of codicil to will which has given testator's estate absolutely to his widow, providing that all money on hand at wife's death shall be divided between certain persons. 1917C, 1001 income or support; education. Annotations. Provision in devise for support of a third person as a charge, a condi- tion subsequent, or a condition pre- cedent. 1917 A, 617. Testamentary annuity as payable out of corpus or income. 1917E, 58O. Question whether annuity is a charge upon both the corpus and income of the es- tate or upon the income only. 1917E, 578. Bequest of residuary income to be divided between children of person named; per- mitting accumulation of income where no child has been born at decedent's death, and payment of it to first child born. 1916F, 798. interest of several. Per stirpes or per capita. 1916A, 718; 1917D, 596. vested or contingent interests. Annotation. Character of remainder created by de- vise thereof to certain persons, "or as many of them as may be living at the time;" "to such of [a class or group] as may be living;" or with other forms of expression im- porting survivorship. 1917D, 6O1. Devise or bequest in remainder to survivors. 1917D, 596. 440 WILLS WIRES. Devise to person named upon attaining a certain age, with devise over in case of his death before that time. 1915C, 993, 1009. Time of vesting. 1917C, 527. Enjoyment; payment; acceleration. When interest of child vests under devise for life with direction to sell the prop- erty at the death of the life tenant and divide the proceeds equally among de- cedent's children. 1916B, 1139. Effect of divorce to terminate trust created by will. 1915E, 762. Election; acceptance. Annotation. Election to take under will as affecting right to take property not disposed of by will. 1917D, 762. Conflict of laws as to. 1915F, 680. By widow generally. 1917C, 504. Effect of widow's election to take under her husband's will to bar her and her heirs from inheriting property undisposed of by will. 1917D, 758. Forfeiture of widow's right to election by consenting to her husband's will. 1915E, 815. Equitable conversion. Annotation. Devolution of interests of respective parties to option. 1917D, 719. Effect of insertion in lease of option to purchase, to work a conversion of the realty into personalty in case lessor dies before exercise of option. 191 7D, 713. Right of widow claiming interest in testa- tor's estate to benefit of a conversion by the will of realty into personalty. 1917D, 464. Charge npon interest or property de- vised. Annotations. Provision in devise for payment of a ^sum of money, or for the support of a third person, as a charge. 1917A, 617. Debt charged against, or owed to tes- tator by, a devisee as a charge against person taking the property devised in succession or by substi- tution. 1917D, 567. Testamentary annuity as payable out of corpus or income. 1917E, 58O. Conclusiveness of decree as to payment of debt which the will made a charge on the share of the life tenant. 1917D, 563. Devise of remainder estate to son subject to life interest of widow and payment of certain legacies at death of life tenant. 1917A, 611. Question whether annuity is a charge upon both the corpus and income of the es- tate or upon the income only. 1917E, 578. Lapsing; ademption; deduction; revo- cation; renunciation. Annotation. Debt charged against, or owed to tes- tator by, a devisee as a charge against person taking the property devised in succession or by substi- tution. 1917D, 567. Right to charge debt of life tenant to the estate against the remaindermen in case it is not collected during lifetime of life tenant. 1917D, 563. Effect of acquisition of lot for library pend- ing determination of contingency upon which testator has devised lot for a li- brary building, to defeat the devise. 1916F, 787. Cancelation of debt by a mother to her children as guardian by bequest in their favor in her will of amount great- ly in excess of the amount due. 1915B, 1196. Effect of revocation of bequest by provision in codicil for purpose of devoting the fund to charity, of failure of the chari- table bequest. 3916C, 98. Ademption. 1916C, 613. WLLSON ACT. Effect of, on state regulation of sales of liquor. 1915F, 1140. WIND. As proximate cause of injury, see PROXI- MATE CAUSE. AVINDMILL. As covered by insurance on farm utensils. 1917B, 934. WINDSTORM. Insurance against loss caused by. 1915B, 1094. WIRES. As to barbed wire, see BARBED WIRE. Electrical wires generally, see ELECTHICITT. WIRES WITNESSES. 441 Annotation. Bight to interfere with wires of public service corporation in moving building along street. 1917C, 774. Right to carry electric wires over railroad at street crossing. 1915B, 822. Claim for electric light wire, as within pro- tection of contractor's bond. 1917A, 336. In streets generally. 1917D, 660. Injury by wire in street. 1915F, 797. Injury to licensee by wire stretched across lawn. J916F, 279. Interference with, by moving building along street. 1916C, 1249; 1917C, 772. WITHDRAWAL. Annotations. Right to ivithdraw property from auc- tion sale after it has been offered. 1917A, 74. Hi (jlit to repudiate or withdraw resig- nation. 1917F, 547. From mutual combat. 1915C, 893. Of property from auction sale after it has been offered. 1917A, 63. Of bid for public contract. 1915A, 225. Of bid for construction contract after ac- ceptance. 1917D, 741. Injury to submerged land by rapid with- drawal of water standing on it result- ing from deepening of outlet. 1917C, 1021. Of name by candidate at primary election. 1917A, 996. WITNESSES. In general. Competency. in general. husband or wife. effect of death. Examination. in general. cross-examination. privilege. Impeaching; discrediting; corroborat- ing. Credibility. In general. Depositions of, see DEPOSITIONS. Opinions and conclusions of, see EYIDENCE. Privileged communications to, see EVI- DENCE. To wills generally, see WILLS. Annotations. Former jeopardy by discharge of jury because of matter affecting witness. 1917D, 1148 Addition of name of attesting witness . to instrument as an alteration. 1917D, 828. Privilege of witness -from service of process as affected by route talcen or time consumed. 1917B, 252. Admonishing or warning witness by judge in criminal case as ground of reversal or new trial. 1917E, 859. Suspension of attorney for offering to pay witness. 1915A, 514. Absence of, as ground for discontinuance. 1916B, 686. Prejudicial error in instructions as to. 1915C, 627; 1915E, 721. Discharge of jury because of youth of state's witness as bar to further prosecution. 1917D, 1141. Addition of name of witness to signature of surety on note as a material alteration. 1917D, 826. Exemption of, from service of process. 1917B, 250. Contempt by. 1915D, 1061; 1916D, 1190; 1917B, 586. Contempt by assault on. 1915D, 569. Right of accused to meet in contempt pro- ceedings. 1917B, 113. Presumption from failure to call. 1917B, 310. Competency. in general. Expert witness, see EVIDENCE. Annotations. Conviction in another jurisdiction as affecting competency of witnesses. 1917A, 1138. Crimes which disqualify one as a wit- ness. 1917F, 898. Sufficiency of objection to competency of. 1916C, 351, 1214. Trial judge. 191 5F, 766. Persons convicted of crime. 1917A, 1133; 1917F, 896. Wife of one of two persons indicted for burglary as competent witness in be- half of the other. 1915D, 972. husband or wife. Confidential communications between hus- band and wife, see EVIDENCE. Annotations. Husband or wife as witness against the other in criminal prosecutions. 1917E, 1133. Competency as a witness of the hus- band or wife of a party to an ac- tion involving a decedent's estate. 1917 A, 2. Objecting for first time on appeal to testi- mony of wife. 19 15 A, 564. Sufficiency of objection to competency of husband. 1916C, 351. Sufficiency of title of statute as to. 3916F, 382. 442 WITNESSES. Construction of statute making husband and wife incompetent to testify for or against each other except concerning transactions in which one has acted as agent of the other. 1916C, 351. Effect of statute making wife competent witness against husband on admissibil- ity of confidential communications to her. 1916F, 382. Wife of one of two persons indicted for burglary as competent witness in be- half of the other. 1915D, 972. Eight of husband insuring property in name of wife, to testify in regard there- to. 1917F, 663. Competency of husband to testify to fact of marriage in prosecution of stranger for commission of adultery with his wife. 1915F, 1087. Right of married mother in bastardy pro- ceedings to testify to nonaccess of hus- band. 1916B, 1052. Competency of wife as witness against hus- band in prosecution for perjury. 1917E, 1129. Competency of woman in action by husband to recover for services rendered to per- son since deceased. 1917A, 1. Crime committed by one against other. 1915A, 564. Effect of divorce. 1915C, 870; 1915E, 1141; 1917F, 935. effect of death. Annotation. Competency as a witness of the hus- band or wife of a party to an ac- tion involving a decedent's estate. 1917 A, 2. Admissibility of testimony of witness in sub- sequent action after his death. 1916A, 983. Admissibility on second trial of former evi- dence of witnesses as to transactions with person dying in interval between first and second trial. 1915F, 771. Competency of heirs of deceased person to give in evidence declarations of the de- ceased in action in which they are not interested. 1915C, 822. Competency of defendant in action to re- cover debt to estate of decedent, in which the defense is payment, to prove his custom of paying his personal debts by checks drawn and signed like those introduced as proof of payment. 1915C, 976. Competency of woman in action by husband to recover for services rendered to per- son since deceased. 191 7 A, 1. Competency of member of partnership to testify to settlement of affairs by an- other member with third member since deceased. 191 7 A, 443. Examination. in general. Prejudicial error as to. 1916A, 1190; 191 6D, 644; 1916E, 763. Right of counsel for accused when witness has denied hostility to defendant to state his questions to another witness called to prove hostility. 1915D, 229. Re-examination. 1916F, 1044. Leading questions. 1917D, 591. cross-examination. Prejudicial error as to. 1915A, 232; 1915D, 1199; 1916D, 1176; 1916E, 420. Refusal in action upon note by indorsee claiming to be such bona fide, of cross- examination of plaintiff's witness as to prior similar transaction between plain- tiff and the payees of the note, to show notice. 1916F, 209. Right to ask witness, who had testified that he gave testimony in two other cases and in one contradicted that given in the other, why he changed his opinion. 1916D, 767. To discredit witness. 1915B, 131: 1916A, 1079; 1916D, 1074; 1916F, 1198. Of expert witness. 1916A, 1079; 1916D, 1074. Of accused. 1915B, 131. Assumption by trial judge of burden of cross-examining accused. 1916A, 1190. privilege. Privilege of accused against self-crimination. 1917B, 608; 1917F, 502. Impeaching; discrediting; corroborat- ing. Evidence that one acting as interpreter in taking dying declaration of foreigner alleged to have been murdered was an habitual user of narcotic drugs. 191GF, 1198. Evidence that witness for defense had re- ceived money from relative of accused. 1916F, 1044. Cross-examination to discredit witness. 1915B, 131; 1916A, 1079; 1916D, 1074; 1916F, 1198. Discrediting by proof of indictment for crime. 1915F, 11. Discrediting by proof of conviction of crime. 1917C, 384; 1917F, 11. Proof of reputation for truth and veracity. 1915B, 389. Contradiction. 1915F, 601, 888; 1917E.-930. Corroboration. 1916F, 1044. Credibility. As to discrediting witness, see supra. Annotation. Attack out of court in presence of jurymen upon credibility of irif- ness as (jround for new trial. 1917B, 248. As question for jury. 1917F, 1107. Error in instruction as to. 1915E, 721. Cross-examination for purpose of affecting credibility. 1915B, 131. New trial because of incredibility of testi- mony. 191 5B. 140. Attack on credibility of witness in presence of juryman, as ground for new trial. 1917B, 246. WITNESSES WORKMEN'S COMPENSATION. 443 Refusing to admit evidence as to credibility of witness who has not been introduced. 1915D, 972. WOMAN SUFFRAGE. Right generally of women to vote. 1915F, 898. Power of legislature to grant suffrage to women. 1915B, 247. Partial invalidity of statute conferring suf- frage upon women. 1915B, 247. Statute extending suffrage to women as an amendment of the existing election law. 1915B, 247. WOMEN. As to suffrage of, see WOMAJ* SUFFRAGE. Annotations. Talking liberties -with woman as an as- sault. 1917 A, 142. Arrest u-ithout warrant of woman so- liciting or accosting men. 1917D, 697. Eligibility to office. 1915F, 898. Assault by taking liberties with woman. 191 7A, 140. Power of legislature to authorize appoint- ment of, as notaries public. 1917D, 286. Regulating wages of. 1917C, 944. Regulating hours of labor of. 1915F, 829; 1916B, 1236; 1917C, 922, 944. Indictment for requiring woman to work il- legal number of hours. 1917C, 922. -WORDS. As provocation for assault. 1916E, 896. WORKMEN'S COMPENSATION. In general. Construction of act generally. Validity of statutes. Review of decisions of commission. Who is an employee within meaning of act. "What employments are within pro- visions of act. What injuries are within provisions of act. in general. personal injury or injury by ac- cident. injuries arising out of or in course of employment. serious and wilful misconduct of employee. Extent of recovery. "Who entitled to compensation. Actions to recover. In general. Proximate cause of injury or death of serv- ant. 1916E, 105; 1916F, 955. Conflict of laws as to rights of injured em- ployee. 1916A, 428, 432. Effect of receiving compensation from workmen's compensation fund on em- ployee's right to sue third person whose negligence caused the injury. 1917F, 1043. Right of employee accepting provisions of Workmen's Compensation Act to main- tain action for malpractice. 1916D, 644; 1916F, 319. Review of findings of fact by trial judge. 1917A, 76. Applicability of State Compensation Law to injury on board a ship at its home port. 1916A, 436. Jurisdiction to enforce right to compensa- tion for injury occurring outside of state within jurisdiction of admiralty court. 191 6 A, 436. Requirement of notice to employer of in- jury to servant within certain time. 1917A, 76. Requirement of notice by or to parent or guardian of infant employee if act is not to apply. 1917D, 71. Necessity of express agreement in writing prior to accident that Workmen's Com- pensation Act shall not apply. 1917D, 71. Construction of act generally. Annotation. Construction and effect of Workmen's Compensation Act. 1917D, SO. Acceptance by injured employee of compen- sation from employer for physician's services as bar to action for malprac- tice against physician. 1917A, 392. Burden of proving that injury was not caused by employer's negligence or that employee was wilfully negligent or in- toxicated. 1917D, 15. Construction of provision that employer electing not to come under the act can- not rely on assumption of risk as a de- fense. 1916B, 1281. Effect of provision for injuries received in longshore work in one section of the act to exclude such injuries from pro- visions of other section. 1916A, 403. Effect of Compensation Act on right to maintain common-law action for injury. 1916A, 432; 1916D, 637. Effect of act on employee's right of action against third person. 1916A, 358; 1916F, 319; 1917F, 1043. Effect of act on right to common-law ac- tion for injury to infant illegally em- ployed. 1917D, 75. Validity of statutes. Annotation. Constitutionality of Workmen's Com- pensation Statutes. 1917D, 51. 444 WORKMEN'S COMPENSATION. Who may question validity of act. 1917D, 15. Sufficiency of title of act. 1916A, 283, 358; 1916D, 628. Estoppel to question validity of. 1916A, 374. State statute, as interference with inter- state commerce. 191 6A, 403, 450; 1916D, 935. Act as violation of right to trial by jury. 19171), 10, 15. Fact that machinery to carry law into ef- fect conflicts with constitutional limi- tations. 1917D, 10. Denial of equal protection of the laws. V.M71). 1. Compensation Law as a taking of private property for public use without com- pensation. 1916D, 412. Application of Compensation Act to public employees as violation of prohibition against donation of public funds. 1016D, 628. Denial of republican form of government by establishment of commission. 1917D, 10. Act as violation of constitutional provision forbidding legislature to limit amount of recovery for injury. 1916A, 389. Effect of Fifth Amendment to Federal Con- stitution and validity of state statute. 1916D, 412. Compensation Act as within police power. 1916A, 389. Giving commission power to adjust com- pensation as unconstitutional delega- tion of judicial power. 1917D, 10. Statute as a taking of property without due process of law. 1916A, 403; 1917D, 1. Abolishing common-law right of action. 1916A, 403; 1916D, 412. Validity of method of determining compen- sation. 1916D, 412. Permitting commission to find the facts or fix the compensation. 1917D, 10, 15. Effect of exclusion of farm -laborers and domestic servants from compulsory com- pensation scheme. 1916D, 412; 1917D, 1, 15. Exclusion of casual employees from opera- tion of act. 1916D, 412; 1917D, 15. Providing compensation for persons injured while in employment of county to ex- clusion of those injured while merely inhabitants of the county. 1916D, 628. Excluding from operation of act interstate railroad employees subject to laws of United States. 1916D, 412. Provision that where employer and employee reject act, liability of employer shall be the same as though employee had not rejected it. 1917D, 15. Provision that election of employer and employee to accept method of making compensation provided by the act shall be a surrender of their right to any other method, form or amount of com- pensation. 1916D, 412. Making presumptively fraudulent any agree- ment as to a claim within operation of Workmen's Compensation Act made within a specified time after injury. 1917D, 15. Forbidding contracts to relieve employer of liability imposed by act, or requir- ing employees to pay for the insurance. 1917D, 15. Rendering void rejection by employee of the act by suggestion of the employer. 1917D, 15. Requirements as to security of payment of compensation. 1917D, 1. Depriving employer who rejects act of cer- tain defenses, or casting on him the burden of showing freedom from negli- gence. 1916A, 389; 1916D, 412; 1917D, 15. Validity of provision abolishing defense of assumption of risk. 1917D, 71. Provision that where injured employee has a cause of acton against his employer and a third party he may proceed against either, but not against both. 1916D, 412. Provision for subrogation of employer to employee's rights against a third partv. 1916D, 412. Provision limiting distribution of recovery to those dependent on employee and providing that in the absence of de- scendants the recovery shall be paid into the compensation fund for the benefit of the class to which the em- ployee belongs. 1916A, 389. Provisions as to presumptions and prima facie rule of evidence. 1916D, 412. Giving employee full compensation where existing malady is aggravated by in- jury. 1916D, 1000. Review of decisions of commission. Raising question for first time on appeal. 1916F, 957. Jurisdiction to review acts of commission as original and not appellate. 1916A, 329. Questions reviewable upon appeal from order dismissing petition on ground that stat- ute did not apply. 1917B, 767. Binding effect on courts of award ren- dered against person not subject to the operations of the act. 1916E, 321. Law arising upon facts ascertained by com- mission as question for court reviewing the decision. 1916C, 1203. Right of court to determine questions of law as to what injuries are within operation of the statute. 1916A, 295. Review by courts of questions of law only. 19 16 A, 299. Limiting inquiry by court into facts to determination whether award is unau- thorized in law, or is so unreasonable as to justify judicial interference. 1916A, 436. Findings of trial court on certiorari to review award. 1917F, 1094. Review of evidence upon which finding is based. 1916A, 17. Right of losing party to argue on appeal that findings are not supported by the evidence. 1916A, 321. Collusiveness on court of finding that in- jury to employee was not caused by his wilful misconduct. 1916A, 348. WORKMEN'S COMPENSATION. 445 Review of finding as to accidental nature of death. 1916D, 641. Review of findings generally. 1917E, 847. Right of court to determine what consti- tutes living together of husband and wife within meaning of the act. 1916A, 366. Review by courts of question of dependency of claimant. 1916A, 430. Right of court to exercise its own judgment as to kind of decree to be entered. 1916A, 306. Who is an employee within meaning of act. Annotation. Who is an employee within meaning of Workmen's Compensation Act. 1917D, 145. Sheriff as employee of state within meaning of act. 1916C, 1087. Who is an independent contractor excluded from benefits of act. 1916E, 506. Right of superintendent to benefit of act. 1916E, 1257. Who is a casual employee. 1916A, 363; 1916E, 329, 506. What employments are within pro- visions of act. Annotation. To what employments cotnpensation acts are applicable. 1917D, 15O. Employee working outside of state. 1916A, 436; 1916D, 637; 1917B, 767; 1917E, 642, 645. Employees engaged in interstate commerce. 1916A, 403, 436; 1916D, 412, 935. Right of state to extend act to injuries occurring on local waters within ad- miralty jurisdiction of the United States. 1916A, 446. What injuries are within act providing com- pensation for injury by work in any shop, mill, factory or other place in connection with machinery propelled by steam or other mechanical power. 1916A, 10. Excluding farm laborers, domestic servants and casual employees from operation of statute. 1916D, 412; 1916E, 626; 1917D, 1, 15. What injuries are within provisions of act. in general. Question for jury as to whether injury is within terms of the act. 1916A, 295. Right of court on appeal to determine ques- tions of law as to what injuries are within operation of the statute. 1916A, 295. Restricting compensation to injuries caused Iiy visual contact or direct lesion. 19 16 A, 279. Effect of mere negligence or carelessness of employee to preclude right of compen- sation. 1916D, 1013. Malpractice of surgeon secured by employer. 1916F, 319. Injuries arising out of state. 1917E, 642, 645. personal injury or injury by acci- dent. Annotation. What is an accident or personal in- jury. 1917D, 1O3. Review of finding as to accidental nature of death. 1916D, 641. Exhaustion caused by overwork followed by pneumonia and death. 1917D, 77. Heart failure due to exertion in performing duty. 1917D, 64. Strain of muscles, causing incapacity, by lifting in performance of duties of em- ployment. 1916D, 966. Injury to weak heart, incapacitating its owner, by performance of duties of em- ployment. 1916D, 1000. Paralysis due to cerebral hemorrhage in one suffering from arterial sclerosis because of prolonged exertion in a hot room. 1916D, 1277. Typhoid fever contracted through negligent contamination of drinking water fur- nished by employer. 1916A, 273. Blindness through optic neuritis due to poisonous gases from furnace. 1916A, 279. Blood poisoning from abrasion of skin re- ceived in course of employment. 1916A, 281. Loss of workman's eye by gonorrheal infec- tion following accident. 1917F, 1094. Hernia resulting from accident. 1916A, 295, 299; 1917E, 504. Occupational diseases. 1916A, 283; 1916B, 1227. injuries arising out of or in course of employment. Annotation. What is an injury "arising out of or in the course of" the employment. 1917D, 114. Limiting recovery to injuries rising not only "in course of" but also "out of" employment. 1916C, 1203 ; 1916D, 970. Injuries caused by the employer's negli- gence. 1916A, 273. Injury in course of travel to employee's place of work, not on premises of em- ployer. 1916A, 327, 329. Injury while seeking toilet facilities outside of place of employment. 1916A, 315. Injury on staircase not under employer's control, but affording only means of ac- cess to workroom, while leaving prem- ises for purpose of procuring luncheon. 1916A, 318. Injury by fall on slippery street while em- ployee was returning to his home. 1916A, .310. 446 WORKMEN'S COMPENSATION. Injury to member of railroad gang struck by train while walking along track, after quitting work, to bunk house. 1917D, 69. Injury to boy employed to deliver packages on bicycle by being run over by vehicle on highway. 1916F, 576. Injury to insurance agent by overturning of automobile of customer. 1917B, 249. Injury to employee struck by automobile while going from one job to another. 1917A, 252. Injury to motorman when attempting out of working hours to board car to visit official watch inspector. 1917A, 250. Fall from roof to which workman had gone to get air and cool off because of op- pressive heat in workroom. 1916D, 641. Death by lightning. 1916A, 339, 342, 344. Injury during altercation with fellow work- man as to proper way to perform duty. 1917A, 344. Injury received by employee of one con- tractor in extricating employee of an- other contractor from cave-in. 1917A, 347. Death by poisoning occasioned by drinking poisonous fluid under the impression that it was drinking water. 1916D, 1013. Death of employee engaged in installing ma- chinery in factory of one other than his employer through mistake in at- tempting to take medicine said to be kept at designated place in the factory. 1917A, 349. Drowning of employee or fall upon rocks while engaged in performance of duty. 1916A, 10. Injury to employee on tugboat while at- tempting to return to boat after going to shdre for purpose of his own. 1917B, 336. Injury to employee during noon hour while on master's premises. 1917E, 324. Injury to miner in leaving mine at end of day's work. 1917B, 372. Injury to dishwasher in restaurant from fall of ceiling. 1917B, 595. Prolongation of disabling effects of injury by negligent surgical treatment. 1916E, 1210. Gonorrheal infection of eye injured by steel splinter in the course of employment. 1916A, 323; 1916C, 1139. Death from heart disease due to exertions in saving personal effects in emergency. 1916A, 321. Frostbite, resulting in erysipelas and death, suffered during performance of duty. 1916E, 584. Injury to hack driver falling from his seat through dizziness induced by disease. 1916D, 154. Death by fall in course of employment be- cause of epileptic seizure. 1917E, r>-22. Death from pneumonia of employee who, be- cause of prior injuries, suffers lapse of memory while in discharge of duties and wanders away into a swamp. 1916A, 337. Recovery for death by suicide of employee while mind was deranged as result of injuries. 191 6A, 323. Occupational diseases. 1916E, 510. Killing of night watchman by police officer under mistaken belief that he was a robber. 1916D, 933. Assault by trespasser. 1916A, 304; 191 7K, 847. Assault on bartender by patron of saloon. 1916F, 957. Assault by fellow employee. 1916A, 306; 1916D, 968, 970. Injury which was the result of horseplay or skylarking of employees. 1916C r 1203; 1916F, 1164. Injury by compressed air in hands of fel- low servants. 1916D, 968. Injury to employee falling down steps be- cause of playful act of passing em- ployee. 1916F, 1164. Injury by collision with coemployee in run- ning to register on time clock. l!Mt;.\, 22. Injury to employee by hand coming in con- tact with revolving fan in pipe convey- ing heated air while attempting to place luncheon to heat in the pipe. 1916D, 86. Injury to employee engaged to run engine in basement while attempting to oper- ate elevator for accommodation of other employees. 1916A, 17. Aggravation by boxing match, of wound re- ceived in course of employment, caus- ing permanent injury to hand. 1916A, 14. serious and wilful misconduct of employee. Annotation. What constitutes "serious and u-ilfnl misconduct" of employee. 1917D, 132. Burden of proof as to. 1917D, 15. Conclusiveness on court of finding that in- jury to employee was not caused by his wilful misconduct. 1916A, 348. Refusal to submit to operation after injury. 1916A, 381. Injury caused by voluntary intoxication. 1916A, 348. Denying alcoholism after injury. 1916F, "055. Driving automobile at speed prohibited by" statute. 1916D, 903. Killing of night watchman in affray with police officers whom he mistakes for robbers. 1916D, 933. Taking hold of motor truck to get a tow, by boy employed to deliver packages on bicycle. 1916F, 576. Attempting to descend from roof of build- ing by means of loose rope instead of by ladder provided. 1916A, 352. I I Extent of recovery. Annotation. Compensation recoverable. 19171s, 164. WORKMEN'S COMPENSATION WRIT AND PROCESS. 447 First objecting on appeal to form or amount of award. 1916F, 957. Validity of provisions of act permitting com- mission to determine. 1917D, 10, 15. Validity of method of determining. 1916D, 412. Right to award lump sum instead of period- ical payments without consent of par- ties. 1916D, 970; 1916F, 957. Computation of daily wages of injured em- ployee. 1917E, 277. Determination of average weekly wage as basis for compensation. 1917E, 765. Average weekly compensation of employee working for several employers. 1916A, 371. Extent of recovery by representative of one entitled to award who dies pending ne- gotiations for payment of lump sum in lieu of weekly allowance. 1917E, 765. Extent of allowance for medical services. 1916A, 1; 1916F, 957. Allowance for services of nurse. 1916A, 1. For disability resulting from aggravation of existing heart trouble by work re- quired. 19] 6D, 1000. What constitutes partial disability within meaning of act. 1916B, 1276. What constitutes total loss of eye. 1916C, 1139. Compensation as for a total disability of one disabled from following particular calling at which he was engaged at the time of injury. 1916A, 371. Allowing compensation for full time during which injured employee was unable to obtain work, though he was able to per- form labor in much less time if he could have procured it. 1916A, 378. Who entitled to compensation. Annotation. Who are dependents within meaning of act. 1917D, 157. Burden of establishing right to compensa- tion. 1916A, 333. Review by court of question of dependency of claimant. 19 16 A, 430. Father of minor employee as a dependent. 1916E, 110. Right of minor child to share with mother in recovery for death of husband and father in absence of evidence to show dependency. 1916A, 306. Right, upon death of widow of deceased em- ployee, of his minor child to the award to which she was entitled. 1917E, 765. Right of personal representative nf depend- ent person to award. 1916D, 944. When husband and wife are living together within meaning of the act. 1916A, * 366: 1916C, 1142, 1145. When wife is living apart from husband for justifiable cause. 1916C, 1145. Depriving father of compensation for death . of son because of latter's refusal to submit to operation. 1916E, 110. Actions to recover. Waiver of right to jury trial. 1916D, 412. Question for jury. 19i6A, 295. Giving claimant benefit of inferences aris- ing in his favor from facts proved. 1916A, 299. Presumption and burden of proof. 1917D, 15. Error in admission of evidence. 1916E, 1201. Evidence as to circumstances of injury. 1916E, 1201. Sufficiency of proof of cause of injury. 1916E, 1201. Sufficiency of evidence to establish accident- al injury in course of employment. 1916A, 299. What should be included in draft finding of facts. 1916E, 506. WORKS OF NECESSITY AND CHARITY. See SUNDAY. WORSHIP. Freedom of, see CONSTITUTIONAL LAW. WRECK. Annotation. Wreck as an attractive nuisance, 1917F, 1931. On railroad right of way, as an attractive nuisance. 1917F, 1024. WRIT AND PROCESS. In general. Service. in general. on corporation. by publication. Privilege; exemption. from service of summons. Return; proof. In general. Annotations. Typewritten, printed, or stamped sig- nature of legal process or other legal papers. 1917B, 2S5. Effect of defects or omission in copy of writ or process delivered to per- son served. 1917C, ISO. Sufficiency of warrant to hold stockholder^ in foreign corporation liable as part- ners. 191 7B, 572. Sufficiency and necessity of process in at- tachment suit. 1917B, 395. Name of party. 1915B, 1145, 1149; 1917B, 395. 448 WRIT AND PROCESS ZOOLOGICAL GARDENS. Lack of date and signature of clerk on copy of writ delivered to garnishee. 1917C, 148. Typewritten signature of attorney on sum- mons. 1917B, 281. Amendment. 1916D, 220. Service. in general. Necessity of service to support judgment, see JUDGMENT. Annotations. Constructive or substituted service on resident in action in personam as due process of law. 1917C, 1143. Attack on divorce decree for defects in service of process. 1917B, 435. Constructive service of process in suit to set aside divorce. 1917B, 5O9. Extraterritorial effect of decree of di- vorce rendered on constructive service. 1917B, 1O32. Contempt in violating injunction against service of. 1917E, 650. Review on appeal of ruling sustaining serv- ice. 1917C, 148. Necessity of service to support foreign de- cree. 1917B, 1028. Sufficiency of service to support judgment of a sister state. 191 5 A, 1186. Serving summons in foreign state when both parties are residents of the state. 1917B, 749. Service of summons by telephone. 1915D, 427. on corporation. What is carrying on business within state by foreign corporation which will sus- tain service of process on officer. 1916E, 241. On agent. 1916E, 232; 1916F, 359, 407, 451; 1917E, 1152. On managing agent. 1917F, 890. Effect of failure to appoint agent on whom process may be served on right of for- eign corporation to enforce contracts. 1915D, 665. by publication. Annotations. Service by publication on resident in action in personam as due process of law. 1917C, 1143. Constructive service of process in suit to set aside divorce. 1917B, 5O9. Extraterritorial effect of decree of di- vorce rendered on constructive service. 1917B, 1O32. Power to grant alimony in a divorce proceeding on service by publica- tion. 1917F, 1161. Service by publication to give jurisdic- tion of issues between nonresident and resident claimants to benefits under an insurance policy. 1917B, 393. Competency of wife as witness against hus- band in prosecution for perjury based on making false affidavit in divorce pro- ceedings to procure constructive service upon her. 1917E, 1129. Jurisdiction to reform instrument as against nonresident served by publication. 1917B, 385. Personal decree against nonresident served only by publication. 1915B, 881; 1917F, 458. Personal judgment for alimony on service by publication. 1917C, 1140. Enforcing alimony obligations of nonresi- dent served only by publication out of his bank deposit in a local bank. 1917F, 1159. Affidavit for. 1917C, 148, 171. Privilege; exemption. from service of summons. Annotations. Privilege of suitor or witness from service of process as affected by route taken or time consumed. 1917B, 252. Exemption of attorney from service of summons tchile in jurisdiction on legal business. 1917B, 893. Of attorney at law. 1917B, 888; 1917C, 431. Of party. 1915A, 694; 1916A, 734; 1916E, 1170; 1917C, 905. Of witnesses. 1917B, 250. Retnrn; proof. Sufficiency of return. 1917F, 890. Amendment of return. 1917C, 148. WRITINGS. Best and secondary evidence of contents of, see EVIDENCE. Parol evidence as to, see EVIDENCE. Sufficiency of evidence to overcome, see Evi- DENCE. "WRIT OF ERROR. See APPEAL AND ERROR. X-RAY. Admissibility in evidence of X-ray pictures. 1915F, 803. Judicial notice of danger in use of. 1915D, 201. Y. M. C. A. Exemption of, from taxation. 1916D, 272. ZOOLOGICAL GARDENS. Mistake in name of party in service by pub- Municipal liability for injuries by animals lication. 1915B, 1149. in. 1917A, 399. TABLE OF CASES. Aattolm v. People (L.R.A.1915D, 215, 211 N. Y. 406, 105 N. E. 647) Abbott v. Anderson (L.R.A.1915F, 668, 265 111. 285, 106 N. E. 782) Abeles, Reese v. Abernathy, Mitchell v. Abstract & Real Estate Co. v. Coffman (100 Ark. 582). See Paragould Abstract & Real Estate Co. v. Coff- man. Accident Co. v. Willis ( Okla. ). See Union Acci. Co. v. Willis. Acetylene Co. v. Hughes (126 Md. 437). See Oxweld Acetylene Co. v. Hughes. Ackeret v. Minneapolis (L.R.A.1915D, 1111, 129 Minn. 190, 151 N. W. 976) Acme Coal Co. v. Northrup Nat. Bank (L.R.A.1915D, 1084, Wyo. , 146 Pac. 593) Acme Realty Co. v. Schinasi (L.R.A.1916A, 1176, 215 N. Y. 495, 109 N. E. 577) Acme White Lead & Color Works, Adams v. Actiesselskabet Ingrid v. Central R. Co. (L.R.A.1916B, 716, 132 C. C. A. 316, 665, 216 Fed. 72, 991) Adams, Re (L.R.A.1915C, 95, Iowa, , 149 N. W. 531) v. Acme White Lead & Color Works (L.R.A.1916A, 283, 182 Mich. 157, 148 N. W. 485) v. Boston Elev. R. Co. (L.R.A.1917F, 165, 222 Mass. 350, 110 N. E. 965) Boston Safe Deposit & T. Co. v. Central Hospital for the Insane v. v. Com. (L.R.A.1916C, 651, 162 Ky. 76, 171 S. W. 1006) Embrey v. Everly v. . McKinney v. Morrow v. v. Southern R. Co. (L.R.A.1916D, 1183, - S. C. , 87 S. E. 1007) v. Tanner (L.R.A.1917F, 1163, 244 U. S. 590, 61 L. ed. 1336, 37 Sup. Ct. Rep. 662) Whelan v. Adams & Co., American Nat. Bank v. Adams Exp. Co., Ellison v. v. Kentucky (L.R.A.1916C, 273. 238 U. S. 190. 59 L. ed. 1267, 35 Sup. Ct. Rep. 824) West Virginia v. Adriatic Min. Co. v. District Court. See State ex rel. Adriatic Min. Co. v. District Court. L.R.A. Tri. Index 1915-17. 29. Advance Thresher Co. v. Klein (L.R.A.1916C, 514, 28 S. D. 177, 133 N. W. 51) .3tna Brewing Co., Linnane v. JEtna Ins. Co. v. Heidelberg (L.R.A.1917B, 253, Miss. , 72 So. 852) Riley v. JEtna L. Ins. Co., Elliott v. Cans v. Marquet v. Moore v. v. National Union F. Ins. Co. (L.R.A. 1916A, 784, Neb. , 153 N. W. 553) v. Portland Gas & C. Co. (L.R.A.1916D, 1027, 229 Fed. 552) .ffitna Powder Co., Crowder State Bank v. Afton, Re (L.R.A.1915D, 978, 43 Okla. 720, 144 Pac. 184) Agar v. Streeter (L.R.A.1915D, 196, Mich. , 150 N. W. 160) Agency Co. v. Barrel Co. ( Minn. ). See Barber Agency Co. v. Co-operative Barrel Co. Agnew, Memphis & A. City Packet Co. v. Agricultural Chemical Co. v. Scrimger ( Md. ). See American Agri. Chemical Co. v. Scrimger. Aikins, State v. Ains v. Hayes (L.R.A.1917F, 1086, Conn. , 101 Atl. 579) Ainsworth, Calhoun v. Aitken, Steidl v. Aiton v. Board of Medical Examiners (L.R.A.1915A, 691, 13 Ariz. 354, 114 Pac. 962) Ajax Live Stock Co., Ellinghouse v. Akers, Compton v. Alabama Fuel & Iron Co., State v. Alabama G. S. R. Co., Railroad Commis- sion v. Alaska Barge Co., Alaska Coast Co. v. Alaska Coast Co. v. Alaska Barge Co. (L.R.A.1915C, 423, 79 Wash. 216, 140 Pac. 334) Alaska Gastineau Min. Co., Macario v. Alaska S. S. Co., Larson v. Albany, Farkas v. Albuquerque, Palmer v. Alden Coal Co., Com. v. Alessi v. Fitzgerald (L.R.A.1916F, 1135, 217 Mass. 576, 105 X. E. 437) Alexander v. Alexander (L.R.A.1917D, 984. Okla. , 164 Pac. 114) Charlotte v. v. Clarkson" (L.R.A.1917F, 1006, 100 Kan. 294, 164 Pac. 294) T. Coyne (L.R.A.1916D, 1039, 143 Ga. 696, 85 S. E. 831) 449 450 TABLE OF CASES. Alexander v. Elkins (L.R.A.1916C, 261, 132 Tenn. 663, 179 S. W. 310) National Union F. Ins. Co. v. v. Wilkes-Barre Anthracite Coal Co. (L.R.A.1917B, 310, Pa. , 98 Atl. 794) Alford, State v. Algoe v. Pacific Mut. L. Ins. Co. (L.R.A. 1917A, 1237, 91 Wash. 324, 157 Pac. 993) Algonite Stone Mfg. Co. v. Fidelity & D. Co. (L.R.A.1917D, 722, 100 Kan. 28, 163 Pac. 1076) Allegany County, Harris v. Allegheny County Light Co., Geroski v. Alleman v. Sayre (L.R.A.1917D, 1002, W. Va. , 91 S. E. 805) Allen, Beshirs v. v. Chicago, R. I. & P. R. Co. (L.R.A. 1916E, 1092, Tenn. , 185 S. W. 713) v. Kitchen (L.R.A.1917A, 563, 16 Idaho, 133, 100 Pac. 1052) Louisville & N. R. Co. v. Morecraft v. Morton v. v. Puritan Trust Co. (L.R.A.1915C, 518, 211 Mass. 409, 97 N. E. 916) V. Scheib (L.R.A.1917F, 446, Pa. , 101 Atl. 102) v. State (L.R.A.1917E, 1085, Okla. Grim. Rep. , 165 Pac. 745) v. State (L.R.A.1917F, 210, Okla. Crim. Rep. , 164 Pac. 1002) Stevens v. Yates Center Nat. Bank v. Allen & Wheeler Co., Hanover Star Milling Co. v. All Night and Day Bank, Hartford v. All Persons Claiming. Any Interests in Cer- tain Real Estate, Faxon v. Allred Re (L.R.A.1916C, 946, N. C. , 86 S. E. 1047) Althoff, Milwaukee v. Amalgamated Copper Co., Copper Securi- ties Co. v. Amberg v. Kinley (L.R.A.1915E, 519, 214 N. Y. 531, 108 N. E. 830) Amend, Jinnings v. Americana Co., Munn & Co. v. American Agri. Chemical Co. v. Scrimger (L.R.A.1917F, 394, Md. , 100 Atl. 774) American Brewing Co., Serio v. American C. Ins. Co., Morgan v. American Clay Mach. Co., Petersburg Fire Brick & Clay Co. v. American Coal Co., Griffith v. American Colonization Soc. v. Soulsby (L.R.A.1917C, 937, 129 Md. 605, 99 Atl. 944) American Express Co., Clark Distilling Co. v. American Fidelity Co. v. Echols (L.R.A. 1916D, 1176, Okla. , 155 Pac. 1160) American Gas Co., Columbus v. American Ins. Co., Dinneen v. Wiig v. American Locomotive Co. v. National Wholesale Grocery Co. (L.R.A. 1917D, 1125, 226 Mass. 314, 115 N. E. 404) American McKenna Process Co., Dougherty v. American Mfg. Co. v. Anderson. See State ex rel. American Mfg. Co. v. Ander- son. v. Crescent Drug Co. (L.R.A.1917D, 482, Miss. , 73 So. 883) American Music Stores v. Kussel (LJI.A. 1916F, 882, 232 Fed. 306) American Nat. Bank v. Adams & Co. (L.R.A. 1915B, 542, Okla. , 143 Pac. 508) v. Douglas (L.R.A.1917B, 588, Ark. , 189 S. W. 161) American Nat. Ins. Co. v. Otis (L.R.A. 1916E, 875, 122 Ark. 219, 183 S. W. 183) American Oil Development Co., Steele v. American Publishers' Asso., Straus v. American Radiator Co., Winter v. American R. Co. v. Coronas (L.R.A.1916E, 1095, 230 Fed. 545) American Sav. Bank & T. Co. v. National Surety Co. (L.R.A.1916F, 435, Wash. , 157 Pac. 877) American Steel & Wire Co., Miller v. American Suburban Corp., McMillan v. American Surety Co., Greenius v. v. Stebbins, L. & S. Co. (L.R.A.1916F, 583, Tex. , 180 S. W. 101) . Yawger v. American Window Glass Co., Wheeler- Stenzel Co. v. American Zinc Co. v. Smith (L.R.A.1916F, 907, 128 Tenn. 447, 161 S. W. 4!)4i A. M. Holter Hardware Co. v. Western Mortg. & Warranty Title Co. Holter Hardware Co. v. Western Mortg. & Warranty Title Co. Amusement Co. v. Bruno (225 Mass. 461). See Tremont Theatre Amusement Co. v. Bruno. Anania v. Norfolk & W. R. Co. (L.R.A. 1916C, 439, W. Va. , 87 S. E. 167) Anchor Savings Bank, Marks v. Ancient Order of United Workmen, Barlow v. v. Davidson (L.R.A.1917C, 914, Ark. , 191 S. W. 961) Giffin v. Hannon v. Peterson v. Sharpless v. v. State Bank (L.R.A.1915B, 815, 92 Kan. 876, 142 Pac. 974. v. Towne (L.R.A.1917E, 344, Minn. , 161 N. W. 403) Anders v. Anders (L.R.A.1916E, 1273, Mass. , 113 N. E. 203) Andersch, Lamoreaux v. Anderson, Abbott v. v. Canaday (L.R.A.1915A, 1186, 27 Okla. 171, 131 Pac. 697) v. Crescent Garment Co. (L.R.A.1916D, 651. R. I. , 96 Atl. 425) v. French (L.R.A.1916A, 660, 77 N. H. 509, 93 Atl. 1042) TABLE OF CAStiS. 451 Anderson v. International School Dist. No. 5 (L.R.A.1917E, 428, 32 N. D. 413, 156 N. W. 54) Lisle v. v. Missouri P. R. Co. (L.R.A.1916F, 95, 95 Neb. 358, 145 N. W. 842) v. Northern P. R. Co. (L.R.A.1917F, 1020, 88 Wash. 139, 152 Pac. 1001) v. Reed (L.R.A.1916B, 862, N. M. , 148 Pac. 502) v. Royal League (L.R.A.1916B, 901, 130 Minn. 416, 153 N. W. 853) v. Smith-Powers Logging Co. (L.R.A. 1916B, 1089, 71 Or. 276, 139 Pac. 736) v. Southern Cotton Oil Co. (L.R.A. 1917E, 715, Fla. , 74 So. 975) State ex rel. American Mfg. Co. v. State ex rel. Hahn Bakery Co. v. State Sav. & Commercial Bank v. Winn v. Andre v. Murray (L.R.A.1917B, 667, 179 Ind. 576, 101 N. E. 81) Andrews v. South Haven (L.R.A.1916A, 908, Mich. , 153 N. W. 827) Angel, Board of Edu. v. Angus v. Downs (L.R.A.1915E, 351, Wash. , 147 Pac. 630) Ankeny v. Spokane (L.R.A.1917A, 1093, 92 Wash. 549, 159 Pac. 806) Annand, King County v. Ann Arbor, Schenk v. Annear v. Swartz (L.R.A.1915E, 267, Okla. , 148 Pac. 706) Anseth v. District Court ( Minn. ). See State ex rel. Anseth v. District Court. Anthony v. Kiefner (L.R.A.1915F, 876, 96 Kan. 194, 150 Pac. 524) Anthony Wholesale Grocery Co., Standard Sav. & L. Asso. v. Apitz v. Knights & Ladies of Honor (L.R.A. 1917A, 183, 274 111. 196, 113 N. E. 63) Apodaca De Gurule v. Duran (L.R.A.1915F. 648, N. M. , 149 Pac. 302) Appel v. Chicago, M. & St. P. R. Co. (L.R.A. 1915D, 397, S. D. , 148 N. W. 513) Applegate, State v. Arcade Bldg. & Realty Co., Matzger v. Archibald v. Ott (L.R.A.1916D, 1013, W. Va. , 87 S. E. 791) Ardery, Dunham v. Ardmore Brick & Tile Co., Bucy v. Arey, St. Louis S. W. R. Co. v. Arizona & N. M. R. Co. v. Clark (L.R.A. 1915C, 834, 235 U. S. 669, 59 L. ed. 415, 35 Sup. Ct. Rep. 210) Arizona Grading & Constr. Co., Deyo v. Arkansas Natural Gas Co. v. Lee (L.R.A. 1916C, 1200, 115 Ark. 288, 171 S. W. 93) Armour & Co., Reiff v. State v. Armstead v. Lounsberry (L.R.A.1915D, 628, 129 Minn. 34, 151 N.' W. 542) Armstrong v. Pullman Co. (L.R.A.1915B, 1202, Miss. , 66 So. 283) Thomas v. Armstrong Co. v. New York C. & H. R. R. Co. (L.R.A.1916E, 232, 129 Minn. 104, 151 N. W. 917) Arnold, Mott Iron Works v. v. O'Connor (L.R.A.1916C, 898, R. L , 94 Atl. 145) Arnold Invest. Co. v. Citizens' State Bank (L.R.A.1916F, 822, 98 Kan. 412, 158 Pac. 68) Arrigo v. Hyers (L.R.A.1917A, 1116, 98 Neb. 134, 152 N. W. 319) Arrowsmith v. State (L.R.A.1915E, 363, 131 Tenn. 480, 175 S. W. 545) Arzuaga e Izaguirre v. Gonzalez y Gon- zalez (L.R.A.1917D, 697, 239 Fed. 60) Ashby v. Norfolk Southern R. Co. (L.R.A. 1917F, 116, 172 N. C. 98, 89 S. E. 1059) Ashinger, Missouri, K. & T. R. Co. v. Ashinsky v. Levenson (L.R.A.1917D, 994, Pa. , 100 Atl. 491) Ashland, Radney v. Ashley, Louisville & N. R. Co. v. Ashton v. Boston & M. R. Co. (L.R.A. 1916B, 1281, 222 Mass. 65, 109 N. E. 820) Ashton-Whyte-Spillicorn Co., Denver & R. G. R. Co. v. Asphalt & Rubber Co. v. Texas Building Co. (99 Kan. 567). See Standard Asphalt & R. Co. v. Texas Building Co. Assessment of First Nat. Bank, Re (L.R.A. 1917B, 294, Okla. , 160 Pac. 469) Assurance Co. v. Eppstein ( Fla. ) . See Phoenix Assur. Co. v. Eppstein. Assurance Society v. Weightman ( Okla. ). See Equitable L. Assur. Soc. v. Weightman. Astor Trust Co. v. White & Co. (L.R.A. 1917E, 526, 241 Fed. 57) Atchison, T. & S. F. Hospital Asso., Nichol- son v. Atchison, T. & S. F. R. Co., De Hardt v. Deister v. Fennell v. Hartman v. Ireton v. Jacobs v. Karns v. Martin v. Nicholson v. v. Richter (L.R.A.1916F, 969, 20 N. M. 278, 148 Pac. 478) Roebuck v. Schwantes v. Slater v. v. Stannard (L.R.A.1917C, 1124, 99 Kan. 720, 162 Pac. 1176) State ex rel. Ise v. v. Vosburg (L.R.A.1915E, 953, 238 U. S. 56, 59 L. ed. 1199, 35 Sup. Ct. Rep. 675) Wehe v. Athens Lumber Co., Louisiana & N. W. R. Co. v. Atkins v. Bush (L.R.A.1917E, 809, La. , 74 So. 897) Atkinson, Interstate Business Men's Acti. Asso. v. 452 TABLE OF CASES. Atkinson v. U. S. Operating Co. (L.R.A. 1916E, 241, 129 Minn. 232, 152 N. W. 410) Atlanta, Carey v. Cutsinger v. Atlantic City & S. R. Co., Hughes v. Atlantic Coast Line R. Co., Baker v. Fagan v. Floyd v. Gilkerson v. James v. Paul v. United States v. Atlantic, G. & P. Co., Rogers v. Atlantic Transport Co., Finley v. Attorney General ex rel. Treasurer and Re- ceiver General v. Clark (L.R.A. 1916C, 679, 222 Mass. 291, 110 N. E. 299) ex rel. Burrill v. Pierce. See Tyler v. Treasurer and Receiver General. v. Ruh. See Com. ex rel. Atty. Gen. v. Ruh. Atwood v. Mikeska (L.R.A.1917A, 602, 29 Okla. 69, 115 Pac. 1011) Aubrey v. Stimson (L.R.A.1915C, 874, 160 Ky. 563, 169 S. W. 991) Auburn Light, Heat & Power Co., Heskell v. Auditorium Asso. v. Central Trust Co. (240 U. S. 581). See Chicago Audi- torium Asso. v. Central Trust Co. Auger & S. Silk Dyeing Co. v. East Jersey Water Co. (L.R.A.1917F, 1146, 88 X. J. L. 273, 96 Atl. 60) v. Jersey City Water Supply Co. See Auger & S. Silk Dyeing Co. v. East Jersey Water Co. Augusta Baseball Asso. v. Thomasville Base- ball Club (L.R.A.1917F, 841, Ga. , 93 S. E. 208) Aultman v. Ice. See State ex rel. Aultman v. Ice. Aurora v. Gates (L.R.A.1915A, 910, 125 C. C. A. 329, 208 Fed. 101) v. Wilder. See Aurora v. Gates. Austin v. Baker (L.R.A.1916F, 1130, 112 Me. 267, 91 Atl. 1005) Chicago, R. I. & P. R. Co. v. Automobile Co. v. Pittsburgh (253 Pa. 478). See Iron City Automobile Co. v. Pittsburgh. Auto Storage Co., Blackwood Tire & Vul- canizing Co. v. Await, Southwestern Sav. Loan & Bldg. Asso. v. Axton-Fisher Tobacco Co. v. Evening Post Co. (L.R.A.1916E, 667, 169 Ky. 04, 183 S. W. 269) Ayers v. Southern P. R. Co. (L.R.A.1917F, 949, 173 Cal. 74, 159 Pac. 144) Back v. Back (L.RJU916C, 752, 148 Iowa, 223, 125 X. W. 1009) Badgley, Culley v. Badovinac, McCartney v. Baer v. Gore (L.R.A.1917B, 723, W. Va. , 90 S. E. 530) Bagby, Knipp v. Bagdon v. Philadelphia & R. Coal & I. Co. (L.R.A.1916F, 407, 217 N. Y. 432, 111 N. E. 1075) i Baggage & Omnibus Transfer Co. v. Port- land (L.R.A.1917F, 1080, 84 Or. 343, 164. Pac. 570) Baier, Braniff v. Bailey, Dulin v. v. Kelly (L.R.A.1916D, 1220, 93 Kan. 723, 145 Pac. 556) v. Long (L.R.A.1917B, 708, N. C. , 90 S. E. 809) Modern Brotherhood of A. v. Nunnery v. Southern R. Co. v. v. Topeka (L.R.A.1916D, 491, 97 Kan. 327, 154 Pac. 1014) Bain v. Ft. Smith Light & Traction Co. (L.RA.1915D, 1021, Ark. , 172 S. W. 843) Kentucky Traction & T. Co. v. Bainbridge v. Minneapolis (L.R.A.1916C, 224, Minn. , 154 X. W. 964) Baird v. Smith (L.R.A.1917A, 376, 128 Tenn. 410, 161 S. W. 492) Baker v. Atlantic Coast Line R. Co. (L.R.A. 1917E, 266, N. C. , 92 S. E. 170) Austin v. v. Baker, E. & Co. (L.R.A.1917C, 171, 162 Ky. 683, 173 S. W. 109) v. Berry Hill Mineral Springs Co. (L.R.A.1917F, 303, 112 Va. 280, 71 S. E. 626) Birch v. v. Butterworth (L.R.A.1916F, 1287, Va. , 89 S. E. 849) v. State (L.R.A.1915D. 1061, Ind. , 108 N. E. 7) Baker, E. & Co., Baker v. Bakery & Confectionery Workers' Interna- tional Union, No. 9, St. Germain v. Bakery Co. v. Anderson ( Mo. ). See State ex rel. Hahn Bakery Co. v. Anderson. Balcom v. Independence (L.R.A.1917C, 120, Iowa, , 160 N. W. 305) Baldock, Keisel v. Baldwin v. Chicago, R. I. & P. R. Co. (L.R.A. 1916D, 335, Iowa, , 156 X. W. 17) Lyon v. Bales v. Wichita M. V. R. Co. (L.R.A. 1916C, 1090, 92 Kan. 771, 141 Pac. 1009) Ball, Livengood v. State v. Ballagh v. Interstate Business Men's Acci. Asso. (L.R.A.1917A, 1050, Iowa, , 155 N. W. 241) Ballantine & Sons v. Public Service Corp. (L.R.A.1915A, 369, N. J. , 91 Atl. 95) Ballard v. Home Nat. Bank (L.R.A.1916C 161, 91 Kan. 91, 136 Pac. 935) Lowman & Co. v. Baltimore v. Kane. See Baltimore & 0. R. Co. v. Kane. v. Robinson Constr. Co. (L.R.A.1915A, 225, 123 Md. 660, 91 Atl. 682) Taylor v. Baltimore & 0. R. Co., Belknap v. TABLE OF CASES. 453 Baltimore & 0. R. Co., Booth v. . Brabham v. County Court of Wetzel County v. v. Kane (L.R.A.1916C, 433, 124 Md. 231, 92 Atl. 532) Koontz v. Robinson v. Schoonover v. State ex rel. Blue v. State use of Elder v. Bambrick Bros. Construction Co., Removich v. Bangor & A. R. Co., Buckley v. McCarthy v. Southard v. Bank v. Adams & Co. ( Okla. ). See American Nat. Bank v. Adams & Co. v. .ffitna Powder Co. (41 Okla. 394). See Crowder State Bank v. ^Etna Powder Co. v. Allen (92 Kan. 481). See Yates Cen- ter Nat. Bank v. Allen. v. Anderson (165 Cal. 437). See State Sav. & Commercial Bank v. Ander- son. v. Bank (159 Ky. 141). See Farmers' Nat. Bank v. Farmers' & Traders' Bank. v. Bank of Magdalena ( N. M. ). See State National Bank v. Bank of Magdalena. v. Bantock (41 Okla. 153). See Wal- ters Nat. Bank v. Bantock. v. Brigman ( S. C. ). See Mer- chants' & Planters' Bank v. Brig- man. v. Clark ( N. M. ). See First Nat. Bank v. Clark. V. Co"k (130 Tenn. 465). See Hamilton Nat. Bank v. Cook. v. Douglas ( Ark. ). See American Xat. Bank v. Douglas. v. Emmetsburg (157 Iowa, 555). See First Nat. Bank v. Emmetsburg. . v. First Nat. Bank (98 Kan. 109). See Citizens' State Bank v. First Nat. Bank. v. Gemmill ( Minn. ). See Yon- calla State Bank v. Gemmill. v. Glanton (146 Ga. 786). See United States Nat. Bank v. Glanton. v. Gleichmann ( Okla. ). See Se- curity Trust & Sav. Bank v. Gleich- mann. v. Herron (73 Or. 391). See United States Nat. Bank v. Herron. v. Ins. Co. ( Ga. ). See People's Bank v. Insurance Co. of North America. v. Jameson ( Iowa, ). See Farm- ers' Savings Bank v. Jameson. v. Jchnson ( N. C. ). See First Nat. Bank v. Johnson. v. Lndd ( Okla. ). See State Nat. Bank v. Ladd. v. Le Beau (T- Mich. ). See Negau- nee Nat. Bank v. Le Beau. v. Logue (89 Ohio St. 288). See First Nat. Bank v. Logue. v. Martin ( N. D. ). See Farmers' Security Bank v. Martin. Bank v. Moody (86 Wash. 286). See Skagit State Bank v. Moody. v. Muskogee Pipe Line Co. (40 Okla. 603). See First Nat. Bank v. Muskogee Pipe Line Co. v. Nelson (255 Pa. 455). See Farmers' Nat. Bank v. Nelson. v. Poteet ( W. Va. ). See Raleigh County Bank v. Poteet. v. Publishing Co. (132 Tenn. 367). See Fourth Nat. Bank v. National Ban- ner Pub. Co. v. Raspberry (34 Okla. 243). See Mar- ket Nat. Bank v. Raspberry. v. Ridge Ave. Bank (240 U. S. 498). See Farmers' & M. Nat. Bank v. Ridge Ave. Bank. v. Sav. & Trust Co. (168 N. C. 605). See State Bank v. Cumberland Sav. & Trust Co. v. Smith ( Ga. ). See National Bank v. Smith. v. Stahlman (132 Tenn. 367). See Fourth Nat. Bank v. Stahlman. v. State ( Okla. Crim. Rep. ). See Farmers' State Bank v. State. v. Stoddard & Son ( Iowa, ). See Sloan State Bank v. Stoddard & Son. v, Stover ( N. M. ). See First Nat. Bank v. Stover. v. Utterback ( Okla. ). See Man- gold & Glandt Bank v. Utterback. Bank & Trust Co. v. Cancienne (140 La. 969). See Hibernia Bank & Trust Co. v. Cancienne. v. Lively ( Tex. ). See Guaranty State Bank & T. Co. v. Lively, v. Quilling ( Ark. ). See Desha . Bank & T. Co. v. Quilling. v. Surety Co. ( Wash. ). See American Sav. Bank & T. Co. v. National Surety Co. v. Switchmen's Union (256 Pa. 228). See United States Bank & T. Co. v. Switchmen's Union. Bankers' Mut. Casualty Ins. Co., Johnson v. Banking Co. v. Forrester ( 'Ga. ). See Lopanville Bkg. Co. v. Forrester. v. Leachman ( Ky. ). See Gish Bkg. Co. v. Leachman. Bank of Commerce v. Bossemeyer ( Neb. ). See National Bank of Com- merce v. Bossemever. v. First Nat. Bank ( Okla. ). See National Bank of Commerce v. First Nat. Bank. v. Telegraph Co. ( N. M. ). See State Bank of Commerce v. West- ern U. Teleg. Co. Bank of Guntersville v. Crayter (L.R.A. 1917F, 460, Ala. , 75 So. 7) Bank of Magdalena, State National Bank v. Bank of New York, Nat. Bkg. Asso., United States v. Bank of Union, Dunn v. Banks, Phoenix Ins. Co. v. Bannon v. Logan (L.R.A.1916E, 522, 66 Fla. 329, 63 So. 454) Bantock, Walters Nat. Bank v. Barber v. Louisiana R. & Nav. Co. (L.R.A, 1917F, 802, La. , 76 So. 199) 454 TABLE OF CASES. Barber v. Watch Hill Fire Dist. (L.R.A. 1915C, 243, R. I. , 89 Atl. 1056) Barber Agency Co. v. Co-operative Barrel Co. (L.R.A.1916F, 88, Minn. , 358 N. W. 38) Barber Asphalt Pav. Co., Kelly Asphalt Block Co. v. v. St. Paul (L.R.A.1917E, 370, Minn. , 162 X. W. 470) Barbour/Dice v, Harden, Groves v. Barker v. Chicago & A. R. Co. See State ex rel. Barker v. Chicago & A. R. Co. Barker Constr. Co., Chickasaw Hotel Co. v. Barkey v. Barkey (L.R.A.1915B, 678, Ind. , 106 X. E. 609) Barksdale, Bush v. Barlow v. Ancient Order of United Work- men (L.R.A.1917E, 1032, Iowa, , 162 N. W. 757) Barmore, Re (L.R.A.1917D, 688, Cal. , 163 Pac. 50) Barnard v. Springfield & N. E. Traction Co. -(L.R.A.1916F, 451, 111. , 113 N. E. 89) Barnes, Bismarck Water Supply Co. v. v. Garrett (135 Tenn. 617). See State ex rel. Barnes v. Garrett. v. State (L.R.A.1915C, 101, Tex. Crim. Rep. , 170 S. W. 548) Barnett v. Louisiana W. R. Co. (L.R.A. 1917E, 1124, La. , 75 So. 649) Barnhart v. Chicago, M. & St. P. R. Co. (L.R.A.1916D, 443, Wash. , 154 Pac. 441) Barnum & Bailey, Boswell v. Barr v. Younssville Sugar Factory (L.R.A 1917F, 654, La. , 75 So. 805) Barret, Fidelity & Columbia Trust Co. v. Barrett, Hardie v. Barringer, Coble v. Bartles Oil Co., State v. Bartlett, Morgan v. Bartley, State v. Bartoni, Re (L.R.A.1917E, 765, 225 Mass. 349, 114 N. E. 663) Basey v. Louisiana R. & Nav. Co. (L.R.A. 1915E, 964, La. , 68 So. 824) Baskin, State v. Bass, State v. Batcheller, Durkee v. Bateman, Roswell v. Bates, Ex parte (L.R.A.191GE, 1285, X. M. , 151 Pac. 698) Bodie v. Southern R. Co. v. Baton Rouge Brickyard, Louisiana R. & Nav. Co. v. Battaglia, Swank v. Battle, Carlton Supply Co. v. Baumhoff v. Grueninger (L.R.A.1916A, 779, Mo. , 178 S. W. 102) Bausbach v. Reiff (L.R.A.1915D, 785, 244 Pa. 559. 91 Atl. 224) Baxter Teleph. Co. v. Cherokee County Mut. Teleph. Asso. (L.R.A.1916B, 1083, 94 Kan. 159, 146 Pac. 324) Bayes v. Paintsville (L.R.A.1916B, 1027, Ky. . 179 S. W. fi-23) Beacham, St. Paul F. & M. Ins. Co. v. Beach Co. v. Pillsbury ( Cal. ). See Coronado Beach Co. v. Pillsbury. ! Beals, Hicks v. Beam, Blacksburg v. Beard v. Chicago, M. & St. P. R. Co. (L.R.A. 1916F, 866, Minn. , 158 N. W. 815) Beats, Midland Savings & L. Co. v. Beattie, Johnson v. Beatty v. Metropolitan Bldg. Co. (L.R.A. 1917E, 961, 63 Wash. 207, 115 Pac. 90) Beauchamp, Sturges & Burn Mfg. Co. v. Beaudry v. Watkins (L.R.A.1916F, 576, Mich. , 158 N. W. 16) Beaven, Carini v. Bechtol v. Ewing (L.R.A.1917E, 279, 89 Ohio St. 53, 105 N. E. 72) Beck, Wick v. Becker V. Becker (L.R.A.1915E, 56, 153 Wis. 226, 140 X. W. 1082) Beckler, Burr v. Beebe & Runyan Furniture Co., Zigman v. Beecher, Jordan v. Beeman, Spellman v. Bee Pub. Co., Howell v. Beers, Garrett v. Belfast v. Belfast Water Co. (L.R.A.1917B, 908, Me. , 98 Atl. 738) Belfast Water Co., Belfast v. Belfer, Freeman v. Belknap v. Baltimore & 0. R. Co. (L.R.A. 1917D, 916, W. Va. , 91 S. E. 656) Bell v. Cummings. See State ex rel. Bell v. Cummings. v. Rosignol (L.R.A.1915D, 1184, Ga. , 84 S. E. 542) St. Louis & S. F. R. Co. v. v. Tradesmen's Trust Co. See Com. ex rel. Bell v. Tradesmen's Trust Co. Bellamy v. Missouri & N. A. R. Co. (L.R.A. 1915A, 1, C. C. A. , 215 Fed. 18) St. Louis, I. M. & S. R. Co. v. Belle Springs Creamery Co., State v. Bell-Wayland Co., Edgin v. Bement v. Grand Rapids & I. R. Co. (L.R.A. 1917E, 322, Mich. , 160 X. W. 424) Benedict, General Rubber Co. v. Benevolent & P. 0. of E. v. Improved B. & P. 0. of E. of W. (L.R.A.1915B, 1074, 205 X. Y. 459, 98 N. E. 756) Benfer, Hin thorn v. Benham v. Farmers' Mut. F. Ins. Co. (L-R.A. 1915D, 736, 165 Mich. 406, 131 X. W. 87) Benjamin v. Welda State Bank (L.R.A. 1917A, 704, 98 Kan. 361, 158 Pac. 65) Benjamin Rose Institute v. Mvers (L.R.A. 1916D, 1170, 92 Ohio St. 252, 110 X. E. 924) Bennett v. Bennett (L.R.A.1916C, 693, 169 Ala. 618, 53 So. 986) v. Howard (L.R.A.1917E, 1075, 175 Ky. 797, 195 S. W. 117) v. Laws (L.R.A.1915F, 662, Colo. , 14!) Pac. 439) Roberts v. State ex rel. McCurdy v. v. Stockwell (L.R.A.1917F, 761, Mich. , 163 X. W. 482) TABLE OF CASES. 455 Bennett v. Thompson (L.R.A.1917B, 919, Ark. , 189 S. W. 363) United States v. v. Winston-Salem South-Bound R. Co. (L.R.A.1916D, 1074, 170 N. C. 389, 87 S. E. 133) Benson, Turk v. Benson Hospital Asso. v. Moyer. See Tryon v. Moyer. Benwood v. Public Service Com. (L.R.A. 1915C, 261, W. Vs.. , 83 S. E. 295) Berg v. "Erickson (L.R.A.1917A, 348, 234 Fed. 817) v. Yakima Valley Canal Co. (L.R.A. 1915D, 292, Wash., 145 Pac. 619) Bergl-n, Misamore v. Berkson, Gearing v. Berlin Dye Works & Laundry Co., Copelin v. Bernstein v. Milwaukee (L.R.A.1915C, 435, 158 Wis. 576, 149 N. W. 382) Berry v. Oklahoma State Bank (L.R.A. 1916A, 731, Okla. , 151 Pac. 210) Powell v. v. United Commercial Travelers (L.R.A. 1916B, 617, Iowa , 154 N. W. 598) Berry Hill Mineral Springs Co., Baker v. Bertin, Re (L.R.A.1915A, 431, 245 Pa. 256, 91 Atl. 669) Bertram v. Morgan (L.R.A.1917D, 445, 173 Ky. 655, 191 S. W. 317) Bertsch, Whittet v. Beshirs v. Allen (L.R.A.1915E, 413, Okla. , 148 Pac. 141) Best v. Moorhead (L.R.A.1915C, 378, 96 Neb. 602. 14,8 X. W. 551) Beuris, Montenegro-Riehm Music Co. v. Beweinitz v. Detroit, J. & C. R. Co. (L.R.A. 1917E, 767, Mich. , 161 N. W. 976) Beyer, People's Land & Mfg. Co. v. Bickett v. Knight. See State ex rel. Bickett v. Knight. Biddle v. Riley (L.R.A.1915F, 992, Ark. , 176 S. W. 134) Big Creek Development Co., Grass v. Bigelow, State v. Big Four Implement Co. v. Keyser (L.R.A. 1917C, 166, 99 Kan. 8, 161 Pac. 592) Biggs v. Seufferlein (L.R.A.1915F, 673, 164 Iowa, 241, 145 N. W. 507) Billings Hotel Co. v. Enid (L.R.A.1916D, 1016, Okla. , 154 Pac. 557) Bills v. Pease (L.R.A.1917D, 1060, Me. , 100 Atl. 146) Bingham Coal & Lumber Co., Furkovich v. Bingham Lake Rural Teleph. Co., Collar v. Binns v. Vitagraph Co. (L.R.A.1915C, 839, 210 X. Y. 51, 103 N. E. 1108) Biograph Co., Staats v. Birch v. Baker (L.R.A.1916D, 485, 85 N. J. L. 660, 90 Atl. 297) Birdsong, Horton v. Birmingham v. Carle (L.R.A.1915F, 797, Ala. , 68 So. 22) Birmingham R., Light & Power Co. v. Pratt (L.R.A.1915A, 1208, Ala. , 65 So. 533) Birmingham Waterworks Co. v. Brown (L.R.A.1915D, 1086, Ala. , 67 So. 613) v. Hernandez (L.R.A.1916H, 258, Ala. , P.U.R.1916E, 438, 71 So. 443) Bischoff v. Yorkville Bank (L.R.A.1916F, 1059, 218 N. Y. 106, 112 N. E. 759) Bishop Iron Co., Mineral Land Invest. Co. v. Bismarck Water Supply Co. v. Barnes (L.R.A.1916A, 965, 30 N. D. 555, 153 X. W. 454) Bissell, Whitney v. Bittinger, Hendley v. Bixby v. Lester (L.R.A.1916E, 871, Okla. , 156 Pac. 1184) Bixler v. Wright (L.R.A.1917F, 633, Me. , 100 Atl. 467 ) Bjorgo v. First Nat. Bank (L.R.A.1915B, 287, 127 Minn. 105, 149 X. W. 3) j Bjornstad, Palm Vacuum Cleaner Co. v.- I Black, Citizens' Gas & E. Co. v. v. Delaye. See State ex rel. Black v. Delaye. v. Moree (L.R.A.1916E, 1216, Tenn. , 185 S. W. 682) Schwartz v. Blacksburg v. Beam (L.R.A.1916E, 714, S. C. , 88 S. E. 441) Blackshear, Trinity & B. V. R. Co. v. Blackwell, Seaboard Air Line R. Co. v. Blackwood Tire & Vulcanizing Co. v. Auto Storage Co. (L.R.A.1916E, 254, 133 Tenn. 515, 182 S. W. 576) Blair, Gursky v. v. Seitner Dry Goods Co. (L.R.A.1915D, 524, Mich. , 151 X. W. 724) Blake v. State (L.R.A.1917B, 1261, Okla. Crim. Rep. , 160 Pac. 30) Blakeman v. Wichita (L.R.A.1915C, 578, 93 Kan. 444, 144 Pac. 816) Blanchard, Clements v. Bland v. Fidelity Trust Co. (L.R.A.1916F, 209, Fla. , 71 So. 630) Blankenship, Charlow v. v. State (L.R.A.1916A, 812, 10 Okla. Crim. Rep. 551, 139 Pac. 840) Blatti, Patterson v. Bliss v. Bliss (L.R.A.1916A, 889, 221 Mass. 201, 109 X. E. 148) v. Stevens. See Bliss v. Bliss. Block Co. v. Paving Co. (211 N. Y. 68). See Kelly Asphalt Block Co. v. Barber Asphalt Pav. Co. Bloomberg, Freedman v. Blue v. Baltimore & 0. R. Co. ( W. Va. ). See State ex rel. Blue v. Bal- timore & O. R. Co. Board, Armstrong & Co., Mutual L. Ins. Co. v. Board of Affairs, Fruth v. Board of Assessors, Liverpool & L. & G. Ins. Co. v. Board of Commissioners v. Davis (L.R.A. 1915A, 198, 92 Kan. 672, 141 Pac. 555) Board of County Comrs. v. Willett (L.R.A. 1916E, 92, Okla. , 152 Pac. 365) Board of Education v. Angel (L.R.A.1915E, 139, W. Va. , 84 S. E. 747) 456 TABLE OF CASES. Board of Education, Brusha v. Creyhon v. Daniels v. Duluth v. Frank v. v. Gilleland (L.R.A.1916E, 468, Mich. , 157 N. W. 609) Jameson v. Johnson v. Streich v. Board of Equalization, Denny v. Board of Medical Examiners, Aiton v. Board of Supervisors, Rehmel v. Boas v. Knewing (L.R.A.1917F, 462, Cal. , 165 Pac. 690) Bodie v. Bates (L.R.A.1915E, 421, 95 Neb. 757, 146 N. W. 1002) Boeck, Re (L.R.A.1915E, 1008, 160 Wis. 577, 152 N. W. 155) Bofill v. New Orleans R. & Light Co. (L.R.A. 2015C, 419, 135 La. 996, 66 So. 339) Boggs v. Commonwealth (LJLA.1917B, 605, 172 Ky. 243, 189 S. W. 21) v. Duncan-Schell Furniture Co. (L.R.A. 1915B, 1196, Iowa , 143 N. W. 482) Bogni v. Perotti (L.R.A.1916F, 831, 224 Mass. 152, 112 N. E. 853) Bohart, Francis v. Boiler Works v. Schull (230 Fed. 587). See Raw Boiler Works v. Schull. Boise, Keyser v. Boise Asso. of Credit Men v. Ellis (L.R.A. 1915E, 917, 26 Idaho, 438, 144 Pac. 6) Bolen v. Ligett (L.R.A.1916D, 352, Okla. , 154 Pac. 547) Bolens v. Frear. See State ex rel. Bolens v. Frear. Boley v. Daniel (L.R.A.1917A, 734, Fla. , 72 So: 644) Bolin, Limbach v. Bolster v. Lawrence (L.R.A.1917B, 1285, Mass. , 114 N. E. 722) Bolyard v. Bolyard (L.R.A.1917D, 440, W. Va. , 91 S. E. 529) Bombolis, Minneapolis & St. L. R. Co. v. Bond v. Ungerecht (L.R.A.1915A, 571, Term. , 167 S. W. 1116) Bond & Mortg. Co. v. Keahey ( Okla. ). See United States Bond & Mortg. Co. v. Keahey. Bonham, State v. Bonicamp v. Starbuck (L.R.A.1917B, 141, 25 Okla. 483, 106 Pac. 839) Bonners Ferry Lumber Co., Wiesner v. Bonnycastle v. Lilly (L.R.A.1916B, 1076, 153 Ky. 834, 156 S. W. 874) Boody v. K. & C. Mfg. Co. (L.R.A.1916A, 10, 77 X. H. 2U8, 90 Atl. 860) Booten, Hall v. Nunnemaker v. Pinson v. v. Pinson (L.R.A.1917A, 1244, W. Va. , 89 S. E. 985) Booth, Ex parte (L.R.A.1916F, 960, Nev. , 154 Pac. 933) v. Baltimore & 0. R, Co. (L.R.A.1916C, 589, W. Va. . 87 S. E. 84) v. Prineville (L.R.A.1915B, 1084, Or. , 143 Pac. 994) Booth v. State (L.R.A.1915B, 420, 179 Ind. 405, 100 N. E. 563) Bordwell v. Williams (L.R.A.1917A, 996, Cal. , 159 Pac. 869) Borell v. Cumberland Teleph. & Teleg. Co. (L.R.A.1916D, 1064, 133 La. 630, 63 So. 247) Bormann v. Vyverberg (L.R.A.1917E, 1052, Wash. , 164 Pac. 921) Bornee, Ex parte (L.R.A.1915F, 1093, W. Va. , 85 S. E. 529) Borrowdale v. Socorro County (L.R.A. 1917E, 456, N. M. ' 163 1'ac. 721) Borton v. Mangus (LJUA.1915D, 142, 95 Kan. 719, 145 Pac. 835) Bosler v. Modern Woodmen of America (L.R.A.1917C, 195, Neb. , 160 N. W. 966). Bossemeyer, National Bank of Commerce v. Boston, Peabody v. Boston & M. R. Co., Ashton v. Gage v. v. Hooker (L.R.A.1915B, 450, 233 U. S. 97, 58 L. ed. 868, 34 Sup. Ct. Rep. 526) Lynch v. Sawyer v. Boston Elev. R. Co., Adams v. Bothwell v. Kyle v. Romana v. Boston Letter Carriers' Mut. Ben. Asso., Ryan v. . Boston Music Co., Norris v. Boston Safe Deposit & T. Co. v. Adams (L.R.A.1916F, 488, 224 Mass. 442, 113 N. E. 277) v. Luke (L.R.A.1917A, 988, 220 Mass. 484, 108 N. E. 64) v Boston Store, Hartnett v. Boston Wharf Co., Brown v. Hecht v. Williams v. Boswell v. Barnum & Bailey (L.R.A.1916E, 912, Tenn. , 185 S. W. 692) Bosworth v. State University (L.R.A.1917B, 808, 166 Ky. 436, 179 S. W. 403) Bothwell v. Boston Elev. R. Co. (L.R.A. 1917F, 167, 215 Mass. 467, 102 N. E. 665) Bouchard v. Central Vermont R. Co. (L.R.A. 1915C, 33, 87 Vt. 399, 89 Atl. 475) v. Dirigo Mut. F. Ins. Co. (L.R.A. 1915D, 187, Me. , 92 Atl. 899) Bouquet v. Hackensack Water Co. (L.R.A. 1917F, 206, N. J. , 101 Atl. 379) Boutell v. Shellaberger (L.R.A.1915D, 847, Mo. , 174 S. W. 384) Bowden, Jacksonville v. Bowditch v. Jackson Co. (L.R.A.1917A, 1174, 76 N. H. 351, 82 Atl. 1014) Bowen v. Smith-Hall Grocery Co. (L.R.A. 1915D, 617, 141 Ga. 721, 82 S. E. 23) Bowersock, Carroll v. Bowie v. Trowbridse. See Oldfield, Re. Bowron, Georgia Casualty Co. v. Bowser & Co. v. Fountain (L.R.A.1916B. 1036, 128 Minn. 198, 150 N. W. 795) TABLE OF CASES. 457 Box Co. v. Sea ,(167 Ky. 193). See Mengel Box Co. v. Sea. Boyce, Mechanics & Traders' Ins. Co. v. Boyd v. Ritter Lumber Co. (L.R.A.1917A,. 94, Va. , 89 S. E. 273) Vaughan v. Boyer-Van Kuran Lumber & C. Co., Pierce v. Boyne City, G. & A. R. Co., Mehegan v. Brabham v. Baltimore & 0. R. Co. (L.RA. 1915E, 1201, 220 Fed. 35) Bracken v. Fidelity Trust Co. (L.R.A.1915B, 1216, Okla. , 141 Pac. 6) Bradley v. Spokane & I. E. R. Co. (L.R.A. 1917C, 225, 79 Wash. 455, 140 Pac. 688). Bradshaw v. Millikin (L.R.A.1917E, 880, N. C. , 92 S. E. 161) Missouri, K. & T. R. Co. v. Brandau v. McCurley (L.R.A.1915C, 767, 124 Md. 243, 92 Atl. 540) Brandenburg v. Northwestern Jobbers' Credit Bureau (L.R.A.1915D, 474, 128 Minn. 411, 151 N. W. 134) Brandt, Kansas Flour Mills Co. v. Braniff v. Baier (L.R.A.1917E, 1036, 101 Kan. 117, 165 Pac. 816) Brannon v. Com. (L.R.A.1915D, 569, 162 Ky. 350, 172 S. W. 703) Brant, Whitcomb v. Branton v. Buckley (L.R.A.1917C, 527, 99 Miss. 116, 54 So. 850) Branum, Minneapolis Iron Store Co. v. Brassil v. Maryland Casualty Co. (L.R.A. 1915A, 629, 210 N. Y. 235, 104 N. E. 622) Brazee, People v. Breeding, Johnson v. Brenchley, Re (L.R.A.1917E, 968, Wash. , 164 Pac. 913) v. Brenchley. See Brenchley, Re. Brennan, Lynch v. v. Minnesota, D. & W. R. Co. (L.R.A. 1915F, 11, 130 Minn. 314, 153 N. W. 611) Brenneman, Denman v. Brewer, Shepard v. Brewing Co. v. Weil (129 Md. 487). See Standard Brewing Co. v. Weil. Brewster v. Knapp (99 Kan. 852). See State ex rel. Brewster v. Knapp. Brick Co. v. McKnight (233 U. S. 250). See El Paso Brick Co. v. McKnight. v. National Surety Co. (164 Wis. 585). See Wisconsin Brick Co. v. National Surety Co. Bridges, Costello v. Home Ins. Co. v. Brier, Denver City Tramway Co. v. Briggs v. Collins (L.R.A.1915A, 686, Ark. , 167 S. W. 1114) Brightman, Re (L.R.A.1916A, 321, 220 Mass. 17, 107 N. E. 527) Briglia v. St. Paul (L.R.A.1916F, 1216, Minn. , 158 N. W. 794) Brigman, Merchants & Placers' Bank v. Briscoe Home Trustees v. Ohio River R. Co. (L.R.A.19K1K, 1294, W. Va. , 89 S. E. 727) Brock, Re (L.R.A.1915D, 1140, 247 Pa. 365, 9.. Atl. 487) Broderick, Kennedy v. Brodigan, State ex rel. Riggle ^. Brody v. Foster (L.R.A.1916F, 780, Minn. , 158 N. W. 824) Bromich v. Eurkholder (L.R.A. 1916F, 1275, 98 Kan. 261, 158 Pac. 63) Bronson v. Syverson (L.R.A.1916B, 993, Wash. , 152 Pac. 1039) Brooken, State v. Brookline Trust Co., Laighton v. Brooks & Sons, Turner v. Broom & Son v. Polk (L.R.A.1915D, 1146, - Miss. , 67 So. 659) Brost v. Whitall-Tatum Co. (L.R.A.1917D, 71, 89 N. J. L. 531, 99 Atl. 315) Brotherhood of Railroad Trainmen, Holcomb v. Robinson v. Brown, Birmingham Waterworks Co. v. v. Boston Wharf Co. See Hecht v. Boston Wharf Co. v. Cook (L.R.A.1916D, 220, W. Va. , 87 S. E. 454) v. Dwight Mfg. Co. (L.R.A.1917F, 997, Ala. , 76 So. 292) v. Elm City Lumber Co. (L.R.A.1915E, 275, 167 N. C. 9, 82 S. E. 961) Franklin v. v. Hadwin (L.R.A.1915B, 505, Mich. , 148 N. W. 693) v. Howell. See State ex rel. Brown v. Howell. Industrial Commission v. v. Kirschbraun & Sons. See Marshall & Co. v. Kirschbraun & Sons. La Fountain & W. Co. v. v. Modern Woodmen of America (L.R.A.1916E, 588, Kan. , 156 Pac. 767) v. Nichols (L.R.A.1915D, 327, 93 Kan. 737, 145 Pac. 561) Perkins v. v. Smallwood (L.R.A.1916B, 931, 130 Minn. 492, 153 N. W. 953) State v. United Cigarette Machine Co. v. v. United States (L.R.A.1917A, 1133, 233 Fed. 353) v. Wightman (L.R.A.1916A, 1140, Utah , 151 Pac. 366) v. Wilson (L.R.A.1917B, 1184, Okla. , 160 Pac. 94) Browning v. Browning (L.R.A.1916C, 737, 89 Kan. 98, 130 Pac. 852) Davidson v. Brown Shoe Co. v. Hardin (L.R.A.1916D, 1199, W. Va. , 87 S. E. 1014) Broz v. Omaha Maternity & General Hos- pital Asso. (L.R.A.1915D, 334, 96 Xeb. G48, 148 N. W. 575) Bruce, State v. Bruner v. Cobb (L.R.A.1916D, 377, 37 Okla. 228, 131 Pac. 165) Bruno, Tremont Theatre Amusement Co. v. Brusha v. Board of Edu. (L.R.A.1916C, 233, 41 Okla. 595, 139 Pac. 298) Brushaber v. Union P. R. Co. (L.R.A.1917D, 414, 240 U. S. 1, 60 L, ed. 493, 36 Sup. Ct. Rep. 236) Bryan, Wheeling v. Bryant v. Bryant (L.R.A.1916E, 648, N. C. , 88 S. E. 147) 458 TABLE OF CASES. Bryant v. Continental Casualty Co. (L.R.A. 1916E, 945, Tex. , 182 S. W. 673) v. Freeman (L.R.A.1915D, 996, 131 Tenn. 87, 173 S. W. 863) Buchanan v. Orange (L.R.A.191GE, 739, 118 Va. 511, 88 S. E. 52) Buckbee v. Hohenadel (L.R.A.1916C, 1001, 139 C. C. A. 478, 224 Fed. 14) Buckhannon River Coal & Coke Co., Coal & Coke R. Co. v. Buckley v. Bangor & A. R. Co. (L.R.A. 1916A, t5l7, 113 Me. 164, 93 Atl. 65) Branton v. v. Hudson Valley R. Co. (L.R.A.1915C, 134, 212 X. Y. 440, 106 N. E. 121) Bucklin, State ex rel. Gwinn v. Bucy v. Ardmore Brick & Tile Co. (L.R.A. 1917B, 1073, Okla. , 160 Pac. 1126) Buddendorff, Gulf & Ship Island R. Co. v. Buffalo, New York C. & H. R. R. Ce. v. Buffum, Smith v. Bugbee, Ely v. Buick Motor Co., Macpherson v. Buie, Sutton v. Builders' Realty Co., Jacob! v. Building Corp. v. Rubin ( R. I. ). See Granite Building Corp. v. Rubin. Bulkley, Simpson v. Sullen, Re (L.R.A.1916C, 670, Utah, , 151 Pac. 533) ' Bullowa v. Gladding (L.R.A.1917D, 832, R. I. , 100 Atl. 249) Bulls Head Coal Co., Krutlies v. Bumstead v. Missouri P. R. Co. (L.R.A. 1917E, 734, 99 Kan. 589, 162 Pac. 347) Bundy v. Nygaard. See State ex rel. Bundy v. Nygaard. Bunting, State v. Burck, Ludke v. Burckhard, Peerless Pacific Co. v. Burford, Terry v. Burke, Copeland v. Falk v. Howard v. Nixon Min. Drill Co. v. Burkholder, Bromich v. Burns, Great Southern F. Ins. Co. v. Nashville v. Smith v. Burns International Detective Agency, Lilligren v. Burr v. Beckler (L.R.A.1916A, 1049, 264 111. 230, 106 X. E. 206) Burrill v. Pierce. See Tyler v. Treasurer and Receiver General. Burroughs v. Cocke (L.R.A.1916E, 1170, Okla. , 156 Pac. 196) Burroughs Adding Mach. Co. v. Fryar (L.R.A.1916B, 791, 132 Tenn. 612, 179 S. W. 127 ) Burrus v. Nevada-California-Oregon R. Co. (L.R.A.1917D, 750, 38 Nev. 156, 145 Pac. 926) Burson, Evans v. Burt v. Nichols (L.R.A.1917E, 250, 264 Mo. 1, 173 S. W. 681) Burtless, McCook Irrig. & Water Power Co. v. Burton v. Rose (L.R.A.1Q17E, 928, 137 Tenn. 503, 194 S. W. 575) Busching v. Ericsson. See People ex rel. Busching v. Ericsson. Bush, Atkins v. v. Barksdale (L.R.A.1917A, 111, 122 Ark. 262, 183 S. W. 171) Business Men's Racing Asso., Gordon v. Bussell, Ihrif v. Butler v. Cabe (L.R.A.1915C, 702, Ark. , 171 S. W. 1190) v. Kansas City (L.R.A.1916D, 626, 97 Kan. 239, 155 Pac. 12) Butterworth, Baker v. Byers, Southern Exp. Co. v. Byland v. Dupont De Nemours Powder Co. (L.R.A.1915F, 1000, 93 Kan. 288, 144 Pac. 251) Byrd v. State (L.R.A.1915B, 1143, Ga. , 83 S. E. 513) Byrne v. Maryland Realty Co. (L.R.A. 1917A, 1216, Md. , 98 Atl. 547) v. St. Paul (L.R.A.1917F, 545, Minn. , 163 N. W. 162) Bystrom Bros. v. Jacobson (L.R.A.1916D, 966, 162 Wis. 180, 155 X. W. 919) C. Cab, Carriage & Transfer Co. v. Hayden (73 Wash. 24). See City Cab, Carriage & Transfer Co. v. Hayden. Cabe, Butler v. Cabin Valley Min. Co. v. Hall (L.R.A.1916F, 493, Okla. , 155 Pac. 570) Cadillac Motor Car Co. v. Johnson (L.R.A. 1915E, 287, 221 Fed. 801) Cadwell, Riverside Irrig. Co. v. Cagle, Clark v. Cain v. Garner (L.R.A.1916E, 682, 169* Ky. 633, 185 "S. W. 122) Calahan v. Moll (L.R.A.J916A, 744, 160 Wis. 523, 152 N. W. 179) Caldwell, Eichoff v. Calhoun v. Ainsworth (L.R.A.1915E, 395, Ark. , 176 S. W. 316) Peabody v. Peabody, H. & Co. v. California Development Co., Jones v. California Safe Deposit & T. Co., People ex rel. Webb v. Calkins v. Hart (L.R.A.1917B, 783, 219 X. Y. 145, 113 X. E. 785) v. Pierce (L.R.A.1915D, 467, 112 Me. 474, 92 Atl. 529) Callahan v. Nevada (L.R.A.1916B, 927, - Iowa, , 153 N. W. 188) Calloway v. White (L.R.A.1f>17A. 1210, 171 Ky. 366, 188 S. W. 410) Calumet & Chicago Canal & D. Co. v. Conk- ling (L.R.A.1917B, 814, 273 111. 318, 112 N. E. 982) Cambridge, Perley v. Camden, Poole v. Cameron, State v. Caminetti v. United States (L.R.A.1917F, 502, 242 U. S. 470. 61 L. ed. 442, 37 Sup. Ct. Rep. 192) Camp, Martin v. Campbell, Ritzmann v. Campbell County v. Newport (L.R.A.1917D, 791, 174 Ky. 712, 193 S. W. 1) TABLE OF CASES. 459 Campbell Mill Co., Vanderboget v. Campbells Creek R. Co., Moss v. Campopiano v. Rhode Island Co. (L.R.A. 1916E, 911, R. I. , 97 Atl. 597) Canaday, Anderson v. Canal & Dock Co. v. Conkling (273 111. 318). See Calumet & Chicago Canal Jfc D. Co. v. Conkling. Canal Co. v. United States (223 Fed. 926). See Chesapeake & D. Canal Co. v. United States. Cancienne, Hibernia Bank & Trust Co. v. Cannon, Liggett & Myers Tobacco Co. v. Canton Ins. Office v. Independent Transp. Co. (L.R.A.1915C, 408, C. C. A. , 217 Fed. 213) Cantrell, St. Louis, I. M. & S. R. Co. v. Capital Trust Co., Great Northern R. Co. v. Caples v. Morgan (L.R.A.1917B, 760, 81 Or. 692, 160 Pac. 1154) Car Co. v. Johnson (221 Fed. 801). See Cadillac Motor Car Co. v. Johnson. Cardinal, Ex parte (L.R.A.1915F, 850, Cal. , P.U.R.1915E, 282, 150 Pac. 348) Cardwell, State v. Carey v. Atlanta (L.R.A.1915D, 684, Ga. , 84 S. E. 456) v. Donohue (L.R.A.1017A, 295, 240 U. -S. 430, 60 L. ed. 726, 36 Sup. Ct. Rep. 386) Fischer v. v. Myers (L.R.A.1916B, 1056, 92 Kan. 493, 141 Pac. 602) Carey Co., Vickers v. Cargill, Mylius v. Carini v. Beaven (L.R.A.1915B, 825, 219 Mass. 117, 106 N. E. 589) Carle, Birmingham v. Carley Heater Co., O'Neil v. Carlisle v. Ottley (L.R.A.1917C, 393, 143 Ga. 707. 85 S. E. 1010) Carlson, Olson v. Carlton Supply Co. v. Battle (L.R.A.1916A, 026. 142 Ga. 605, 83 S. E. 225) Carnegie Fuel Co. v. Interstate Transfer R. Co. (L.R.A.1917C, 580, Wis. , 160 X. W. 1046) Carnegie Trust Co. v. First Nat. Bank (L.R.A.1916C. 186, 213 N. Y. 301, 107 X. E. 693) Carol v. Kenney (L.R.A.1916F, 234, La. , 71 So. 798) Carolina, C. & 0. R. Co., Garland v. v. Shewalter (L.R.A.1916C, 964, 128 Tenn. 363, 161 S. W. 1136) Carpenter, Re (L.R.A.1916E, 498, Cal. , 156 Pac. 464) v. Carpenter (L.R.A.1917F, 974, N. H. , 101 Atl. 628) Carper v. United Fuel Gas Co. (L.R.A. 1017A, 171, W. Va. , 89 S. E. 12) Carr, Dart Mfg. Co. v. v. Frye (L.R.A.1917E, 814, 225 Mass. 531, 114 N. E. 745) v. Plunkett. See Delaney v. Plunkett. Ramstad v. Carr Coal Mining & Mfg. Co., Sedlock v. Carriage & S. Co. v. Sweet ( Tex. ). See Owosso Carriage & S. Co. v. Sweet. Carroll v. Bowersock (L.R.A.1917D, 1006, _100 Kan. 270, 164 Pac. 143) v. .7hat Cheer Stables Co. (L.R.A. 1916D, 154, R. I. , 96 Atl. 208) Carson v. Ennis (L.R.A.1917E, 650, 146 Ga. 726, 92 S. E. 221) Carta, State v, Carter, Frank v. v. Papineau (L.R.A.1916D, 371, 222 Mass. 464, 111 N. E. 358) Thurston v. Carterville v. Gibson (L.R.A.1915A, 106, :W , 168 S. W. 673) Carver-Shadbolt Co. v. Loch (L.R.A.1917C, 1076, 87 Wash. 453, 151 Pac. 787) Case v. Steele Coal Co. (L.R.A.1915J, 867, 162 Ky. 68, 171 S. W. 993) Casey v. Chicago R. Co. (L.R.A.1916B, 824, 269 111. 386, 109 X. E. 984) Casper Cone Co. v. Industrial Commission (L.R.A.1917E, 504, 165 Wis. 255, 161 N., W. 784) Cass County v. Nixon (L.R.A.1917C, 897, 35 N. D. 601, 161 X. W. 204) Castanie v. United Rys. Co. (L.R.A.1915A, 1056, 249 Mo. 192, 155 S. W. 38) Casualty Co. v. Bowron (233 Fed. 89). See Georgia Casualty Co. v. Bowron. v. Cherryvale Gas, L. & P. Co. (99 Kan. 563). See Maryland Casualty Co. v. Cherryvale Gas, L. & P. Co. v. Coal Co. (164 Ky. 778). See Inter- state Casualty Co. v. .Vallins Coal Co. v. Cunningham ( Ala. ). See Con- tinental Casualty Co. v. Cunning- ham. v. Griffis ( Ind. ). See United States Casualty Co. v. Griffis. v. Johnson (91 Ohio St. 155). See Xew Amsterdam Casualty Co. v. John- son. v. Maloney ( Ark. ). See Mary- land Casualty Co. v. Maloney. v. Peppard ( Okla. ). See Mary- land Casualty Co. v. Peppard. Casualty Company of America, Insurer ( Mass. ). See Hewitt, Employee. Collins v. Catani v. Swift & Co. (L.R.A.1917B, 1272, 251 Pa. 52, 95 Atl. 931) Cater Transfer Co., Gniber v. Catherine Creek Develop. Co., Hall v. Catron, Lovato v. Caughron v. Stinespring (L.R.A.1916C, 403, 132 Tenn. 636, 179 S. W. 152) Caulk, McKinnon C. & Co. v. Causey v. Seaboard A. L. R. Co. (L.R.A. 1915E, 1185, 166 X. C. 5, 81 S. E. 917) Cave v. Seaboard A. L. R. Co. (L.R.A. 1915B, 915, 94 S. C. 282, 77 S. E. 1017) Cavender, Mollohan v. Cayuga County Cold Storage & W. Co., Ratchford v. Cayuga Invest. Co., Mahoney Land Co. v. Cazeaux, Queensborough Land Co. v. Cazort & McGehee Co., First Nat. Bank v. Cement Co. v. Ice Co. (221 Fed. 200). See Sandusky Portland Cement Co. v. Dixon Pure Ice Co. 460 TABLE OF CASES. Cement Co. v. Shepherd ( Okla. ) . See Oklahoma Portland Cement Co. v. Shepherd. v. United States Nat. Bank ( Colo. ). See United States Portland C. Co. v. United States Nat. Bank. Cement Gun Co. v. McGivern (218 Mass 198). See New England Cement Gun Co. v. McGivern. Central Georgia Power Co. v. Pope (L.R.A. 1916D, 358, 141 Ga. 186, 80 S. E. 642) Central Hospital for Insane v. Adams (L.R.A.1916E, 94, 134 Tenn. 429, 183 S. W. 1032) Central Leather Co., O'Neill v. Central Massachusetts Electric Co., New York, C. & H. R. R. Co. v. Central of Georgia R. Co., Emerson v. Central R. Co., Actiesselskabet Ingrid v. v. Young (L.R.A.1916E, 927, 118 C. C. A. 465, 200 Fed. 359) Central Trust Co., Chicago Auditorium Asso. v. v. Chicago Auditorium Asso. (L.R.A. 1917B, 580, 240 U. S. 581, 60 L. ed. 811, 36 Sup. Ct. Rep. 412) Havana C. R. Co. v. Central Vermont R. Co., Bouchard v. Cerri, Pagano v. Chadwick, Snow Iron Works v. State v. Chaffee, Howley v. Chafor v. Long Beach (L.R.A.1917E, 685, Cal. , 163 Pac. 670) Chalmers Motor Co., Clem v. Chandler v. Chandler (L.R.A.1916E, 830, 92 Kan. 355, 140 Pac. 858) v. French (L.R.A.1915B, 561, W. Va. , 81 S. E. 825) Ingraham v. Chapman v. Chapman (L.R.A.1916F, 528, 224 Mass. 427, 113 N. E. 359) v. First Nat. "Bank (L.R.A.1917F, 300, 72 Or. 492, 143 Pac. 630) Harvey v. Vanderbilt v. Charleston, Eastern Illinois State Normal School v. Charleston & W. C. R. Co. v. Gosnell (L.R.A. 1917B, 215, S. C. , 90 S. E. 264) Charleston Hardware Co. v. Warner Elevator Mfg. Co. (L.R.A.1917C, 75, W. Va. , 90 S. E. 674) Charleston Light & Water Co., Gaines v. Chariest own, Kerby v. Charlotte v. Alexander (L.R.A.1917F, 493, X. C. , 92 S. E. 384) Charlow v. Blankenship (L.R.A.1917D, 1149, W. Va. , 92 S. E. 318) Chase, Cox v. Chase & Co. v. Kelly (L.R.A.1916A. 912, 125 Minn. 317, 146 X. W. 1113) Chatfield Co. v. Reeves (L.R.A.1916D, 321, 1 87 Conn. 63, 86 Atl. 750) Chatman, Norfolk S. R. Co. v. Chattanooga Railway & L. Co., Dickson v. Chattanooga Sav. Bank, Mutual Ben. L. Ins. Co. v. Cheadle v. State (L.R.A.1915E, 1031, Okla. Crim. Rep. , 149 Pac. 919) Cheatham v. Kelley (L.R.A.1917C, 1, 170 Ky. 429, 186 S. W. 128) Cheesebrew v. Point Pleasant (L.R.A.1917D, 237, 71 W. Va. 199, 76 S. E. 424, 79 S. E. 350) Chemical Co. v. Jennings (112 Miss. 513). See Federal Chemical Co. v. Jen- nings. Cheney, Leahy v. Cherokee County Mut. Teleph. Asso., Bax- ter Teleph. Co. v. Cherryvale Gas, L. & P. Co., Maryland Casualty Co. v. Cherveny, Penas v. Chesapeake & D. Canal Co. v. United States (L.R.A.1916B, 734, 223 Fed. 926) Chesapeake & 0. R. Co., Dorr v. v. Friend (L.R.A.1915C, 148, 159 Ky. 778, 169 S. W. 509) Haddad v. v. Kelly (L.R.A.1917F, 367, 241 U. S. 485, 60 L. ed. 1117, 36 Sup. Ct. Rep. 630) v. Mason (L.R.A.1916F, 127, 169 Ky. 699, 185 S. W. 71) v. Public Service Commission (L.R.A. 1917F, 1190, 75 W. Va. 100, 83 S. E. 286) 'Sanders v. Chesapeake Stone Co. v. Holbrook (L.R.A. 1916D, 311, 1GS Ky. 128, 181 S. W. 953 ) Cheyenne, Miles v. Chicago v. Chicago & N. W. R. Co. (L.R.A. 1017C, 238, 275 111. 30, 113 X. E. F49) v. Chicago Transp. Co. (L.R.A.1915F, 1062, 222 Fed. 238) v. Drake Hotel Co. (L.R.A.1917A, 1170, 274 111. 408, 113 N. E. 718) Galpin v. - Nahser v. People ex rel. Fursman v. Chicago & A. R. Co., Jacksonville v. McGuire v. State ex rel. Barker v. Chicago & E. I. R. Co., People ex rel. Peeler v. Chicago & N. W. R. Co., Chicago v. Curtice v. Davison v. Fredericks v. Karras v. Chicago Auditorium Asso. v. Central Trust Co. (L.R.A.1917B, 580, 240 U. S. 581, 60 L. ed. 811, 36 Sup. Ct. Rep. 412) Central Trust Co. v. Chicago, B. & Q. R. Co. v. Gelvin (L.R.A. 1917C, 983, 238 Fed. 14) Higgins & Co. v. Chicago G. W. R. Co., Wilmes v. Chicago, M. & G. R. Co., Hayden v. Chicago, M. & St. P. R. Co., Appel v. Barnhart v. Eeard v. Jacotscn v. v. State (L.R.A.1916A. 1133, 238 U. S. 401. f,J) L. ed. 3423, P.U.R.1915D, 706, 35 Sup. Ct. Rep. 869) State v. State ex rel. St. Paul v. TABLE OF CASES. 461 Chicago, M. & St. P. R. Co., Steltzer v. Taylor v. Chicago R. Co., Casey v. Chicago, R. I. & P. R. Co., Allen v. v. Austin (L.R.A.1917D, 666, Okla. , 163 Pac. 517) Baldwin v. v. De Vore (L.R.A.1915F, 21, 43 Okla. 534, 143 Pac. 864) Fraser v. v. Galvin (L.R.A.1917A, 365, Okla. , 158 Pac. 1153) v. Humphreys (L.R.A.1916E, 962, 107 Ark. 330, 155 S. W. 127) v. Industrial Board (L.R.A.1916F, 540, 273 111. 528, 113 N. E. 80) Johnson v. v. Matukas (L.R.A.1917C, 1066, Okla. , 147 Pac. 1038) v. Medley (L.R.A.1916D, 587, Okla. , 155 Pac. 211) v. Pearce (L.R.A.1915F, 551, Ark. , 175 S. W. 1160) v. State (L.R.A.1916F, 1281, Okla. , 157 Pac. 1039) v. Stone (L.R.A.1915A, 142, 34 Okla. 364, 125 Pac. 1120) v. Watkins (L.R.A.1915E, 311, Ark. , 175 S. W. 1157) Chicago Transp. Co., Chicago v. Chickasaw Hotel Co. v. Barker Constr. Co. (L.R.A.1916F, 106, Tenn. , 186 S. W. 115) Childers, Sorrels v. Childs Co., Stewart v. Chippewa Shoe Mfg. Co., Kerwln v. Chitty v. Gillette (L.R.A.1916A, 1181, Okla. , 148 Pac. 1048) Chivers v. Johnston Co. (L.R.A.1917B, 1296, Okla. , 161 Pac. 822) Choate v. State (L.R.A.1917A, 1287, Okla. Crim. Rep. , 160 Pac. 34) Chocta\7 County, Davis v. Chreste v. Louisville R. Co. (L.R.A.1917B, 1123, 167 Ky. 75, 180 S. W. 49) Christenson, Re (L.R.A.1916C, 1214, 128 Minn. 17, 150 N. W. 213) Madson v. Christison v. St. Paul Fire & M. Ins. Co. . (L.R.A.1917F, 612, Minn. , 163 X. W. 980) Christnacht, Watertown v. Christopherson v. Minneapolis, St. P. & S. Ste M. R. Co. (L.R.A.1915A, 761, N. D. , 147 N. W. 791) Cincinnati, Louden v. Cincinnati, N. 0. & T. P. R. Co., Doppes Sons Lumber Co. v. v. Eastham (L.R.A.1915C, 27, Ky. . 169 S. W. 886) v. Rankin (L.R.A.1917A, 265, 241 U. S. 319, 60 L. ed. 1022, 36 Sup. Ct. . Rep. 555) v. Roddy (L.R.A.1916E, 974, 132 Tenn. 568, 179 S. W. 143) Smith v. Todd v. Cissna Loan Co. v. Gawley (L.R.A.1916B, 807, Wash. , 151 Pac. 792) Citizens' Gas & E. Co. v. Black (L.R.A. 1917D. 559, Ohio St. , 115 N. E. 495) Citizens' Ins. Co., Van Nest v. Citizens' National Bank, Gilbert v. Citizens' State Bank, Arnold Invest. Co. v. v. First Nat. Bank (L.R.A.1917A, 696, 98 Kan. 109, 157 Pac. 392) Shuman v. Citizens' Trust Co. v. McDougald (L.R.A. 1917C, 840, 132 Tenn. 323, 178 S. W. 432) City Cab, Carriage & Transfer Co. v. Hay- den (L.R.A.1915F, 726, 73 Wash. 24, 131 Pac. 472) Claim & Adjustment Co. v. Northwest Loan & T. Co. (81 Wash. 247). See Creditors' Claim & A. Co. v. North- west Loan & T. Co. Clair, People v. Claringbold v. Council of Newark (L.R.A. 1916E, 1101, Del. , 94 Atl. 1102) Clark, Arizona & N. M. R. Co. v. Attorney General ex rel. Treasurer and Receiver General v. v. Cagle (L.R.A.1915A, 317, 141 Ga. 703, 82 S. E. 21) Cohn v. v. Detroit & M. R. Co. (L.R.A.1917F, 851, Mich. , 163 X. W. 964) v. Du Pont de Nemours Powder Co. (L.R.A.1915E, 479, 94 Kan. 268, 146 Pac. 320) First Nat. Bank v. v. Goodwin (L.R.A.1916A, 1142, Cal. , 150 Pac. 357) Kaufman v. Nicolosi v. v. Northern P. R. Co. (L.R.A.1917E, 399, 36 X. D. 503. 162 X. W. 406) v. North Pacific S. S. Co. (L.R.A.1916E, 487, 74 Or. 470, 144 Pac. 472) v. Osage County (L.R.A.1917B, 1269, - Okla. , 161 Pac. 791) v. Wambold (L.R.A.1917C, 211, Wis. , 160 N. W. 1039) v. Wells (L.R.A.1916F. 476, 127 Minn. 353, 149 X. W. 547) Clark Distilling Co. v. American Express Co. (242 U. S. 311). See Clark Dis- tilling Co. v. Western Maryland R. Co. v. Western M. R. Co. (L.R.A.1917B, 1218, 242 U. S. 311, 61 L. ed. 326, 37 Sup. Ct. Rep. 180) Clarke v. Treasurer and Receiver General (L.R.A.1917D, 800, 226 Mass. 301, 115 X. E. 416) Clark Implement Co. v. Wadden (L.R.A. 1915C, 414, S. D. , 149 X. W. 424) Clarkson, Alexander v. Clausen, State ex reL Washington Pav. Co. v. Claybrook, Hahn v. Clearview Coal Co., Com. ex rel. Keator v. Clem v. Chalmers Motor Co. (L.R.A.1916A, 352, 178 Mich. 340, 144 X. W. 848) Clemans, Hoyt v. Clements v. Blanchard (L.R.A.1917A, 993, 141 Ga. 311, 80 S. E. 1004) V. Jackson County Oil & G. Co. (L.R.A. 191 7C, 437, Okla. , 161 Pac. 216) 462 TABLE OF CASES. Clements, Woods v. Clester v. Clester (L.R.A.1915E, 648, 90 Kan. 638, 135 Pac. 996) Cleveland & P. R. Co., State v. Cleveland, C. C. & St. L. R. Co. v. Schuler (L.R.A.1915A, 884, Ind. , 105 X. E. 567) Starkey v. Cleveland Metal Roofing & Ceiling Co. v. Gaspard (L.R.A.1915A, 768, Ohio St. , 106 N. E. 9) Clinchfield Fuel Co. v. Lundy (L.R.A.1915B, 418, Tenn. , 169 S. W. 563) Cline v. Studebaker Corp. (L.R.A.1916C, 1139, Mich. , 155 N. W. 519) Cloak & Suit Co. v. Roquette (30 N. D. 143). See Sunshine Cloak & Suit Co. v. Roquette. Cloke, Empire Theatre Co. v. Clyde S. S. Co. v. Whaley (L.R.A.1916F, 289, 231 Fed. 76) Coal & Coke Co. v. Keen ( Ky. ). See Kentland Coal & Coke Co. v. Keen. Coal & Coke R. Co. v. Buckhannon River Coal & Coke Co. (L.R.A.1917A, 663, W. Va. , 87 S. E. 376) Coal & Ice Co. v. District Court (129 Minn. 502). See State ex rel. People's Coal & Ice Co. v. District Court. Coal Co. v. Bank ( Wyo. ). See Acme Coal Co. v. Northrup Nat. Bank. v. Keech (239 Fed. 48). See Spring Coal Co. v. Keech. v. Pratt ( Ky. ). See Consolida- tion Coal Co. v. Pratt. v. Savage ( Me. ). See Howard Coal Co. v. Savage. Coast Co. v. Barge Co. (79 Wash. 216). See Alaska Coast Co. v. Alaska Barge Co. Cobb, Bruner v. Coble v. Barringer (L.R.A.1916E, 901, N. C. , 88 S. E. 518) Coburn v. Ries. See State ex rel. Coburn v. Ries. Coca-Cola Bottling Co., Crigger v. Cochrane, United States Fidelity & G. Co. v. Cocke, Burroughs v. Coe v. Knigrhts & Ladies of Security (L.R.A. 1915B, 744, 96 Neb. 130, 147 N. W. 112) Coeur d'Alene Lumber Co. v. Thompson (L.R.A.1915A, 731, C. C. A. , 215 Fed. 8) Coffey v. Gay (L.R.A.1915D, 802, Ala. , 67 So. 681) Coffin v. Laskau (L.R.A.1915E, 959, 89 Conn. 325, 94 Atl. 370) Coffman v. Malone (L.R.A.1917B, 258, 98 Neb. 819, 154 X. W. 726) Paragould Abstract & Real Estate Co. v. Cohen, Neiberg v. v. Todd (L.R.A.1915E, 846, 130 Minn. 227, 153 X. W. 531) Cohn v. Clark (L.R.A.1916B, 686, Okla. , 150 Pac. 467) Cokely, Cunningham v. Colburn v. Washington State Art Asso. (L.R.A.1915A, 594, Wash. , 141 Pac. 1153) Cole, Jarrell v. Kenmare School Dist. No. 28 v. People v. St. Louis & S. F. R. Co. v. Cole Mfg. Co., Shaw v. Coley, De Spain v. Colfax Consolidated Coal Co., Hunter v. Collar v. Bingham Lake Rural Teleph. Co. (L.R.A.1916C, 1249, Minn. , 155 N. W. 1075) Collins, Briggs v. v. Casualty Co. of America (L.R.A. 1916E, 1203, Mass. , 112 X. E. 634) Colonial Refining Co. v. Lathrop (L.R.A. 1917F, 890, Okla. , 166 Pac. 747) Colonization Co. v. Derfler ( Fla. ). See Southern Colonization Co. v. Derfler. Colonization Soc. v. Soulsby (129 Md. 605). See American Colonization Soc. v. Soulsby. Colorado Mortg. & Invest. Co. v. Giacomini (L.R.A.1915B, 364, 55 Colo. 540, 136 Pac. 1039) Columbia & N. R. R. Co., Salmi v. Columbia Nat. Bank, Gilpin v. Columbian Nat. L. Ins. Co., McDonald v. Columbia Railway, Gas & Electric Co., Easier v. Columbus v. American Gas Co. (L.R.A. 1915F, 1180, 96 Kan. 367, P.U.R. 1915F, 889, 149 Pac. 402) Columbus R. Co. v. Kitchens (L.R.A.1915C, 570, 142 Ga. 677, 83 S. E. .",_' v. Newsome (L.R.A.1915B, 1111, Ga. , 83 S. E. 506) Colvill v. Fox (L.R.A.1915F, 894, Mont. , 149 Pac. 496) Colvin v. Goff (L.R.A.1917C, 300, 82 Or. 314, 161 Pac. 568) Phillips v. Comisky v. Norfolk & W. R. Co. (L.R.A. 1917D, 220, W. Va. , 90 S. E. 385) Comley, Louisville & N. R. Co. v. Commercial Bank & T. Co., Tatum v. Commercial State Bank, Swenson Bros. Co. v. Commercial Teleph. & Teleg. Co., People ex rel. Pearce v. Commercial Trust Co., Knoll v. Commission Co. v. Hicks (92 Kan. 922). See Woods-Egan Live Stock Com. Co. v. Hicks. Com., Adams v. v. Alden Coal Co. (L.R.A.1916F, 154, 251 Pa. 134, 96 Atl. 246) Boggs v. Brannon v. Cassady v. v. Cassady (L.R.A.1915A, 1214, 159 Ky. 776, 169 S. W. 497) ex rel. Keator v. Clearview Coal Co. (L.R.A.1917E, 672, 256 Pa. 328, 100 Atl. 820) V. Connor Co. (L.R.A.1916B. 1236, 222 }lass. 299, 110 N. E. 301) Delk v. ( Frogg v. Gray v. TABLE OF CASES. 463 Com., Hillman Land & Iron Co. v. ' v. Hinson (L.R.A.1917B, 139, 143 Ky. 428, 136 S. W. 912) Hollin v. v. Illinois C. R. Co. (L.R.A.1915B, 1060, Ky. , 170 S. W. 171) v. Johnson (L.R.A.1916D, 267, 167 Ky. 727, 181 S. W. 368) v. Karvonen (L.R.A.1915B, 706, 219 Mass. 30, 106 N. E. 556) v. Kingsbury (L.R.A.1915E, 264, 199 Mass. 542, 85 N. E. 848) Lawson v. Lenihan v. Louisville & N. R. Co. v. McAfee v. Melton v. v. Minnich (L.R.A.1916B, 950, 250 Pa. 363, 95 Atl. 565) ex rel. Mother's Assistance Fund v. Powell (L.R.A.1917E, 1150, 256 Pa. 470, 100 Atl. 964) v. Richmond (L.R.A.1915A, 1118, Va. , 81 S. E. 69) v. Ritchey (L.R.A.1917B, 697, 171 Ky. 330, 188 S. W. 397) ex rel. Attorney General v. Run (L.R.A. 1917D, 283, 173 Ky. 771, 191 S. W. 498) v. Smith (L.R.A.1915D, 172, 163 Ky. 227, 173 S. W. 340) v. Southern Exp. Co. (L.R.A.1915B, 913, Ky. , 169 S. W. 517) Teague v. ex rel. Bell v. Tradesmen's Trust Co. (L.R.A.1916C, 10, 250 Pa. 378, 95 Atl. 577) Trotter v. Commonwealth Commercial Co., Dorothy v. Commonwealth Ins. Co., Gilman v. Compton v. Akers (L.R.A.1917D, 758, 96 Kan. 229, 150 Pac. 219) Condon v. Forest Park (L.R.A.1917E, 314, 278 111. 218, 115 N. E. 825) Cone Co. v. Industrial Commission ( Wis. ). See Casper Cone Co. v. In- dustrial Commission. Conkling, Calumet & Chicago Canal & D. Co. v. Conley v. United Drug Co. (L.R.A.1915D, 830, 218 Mass. 238, 105 N. E. 975) Connable, Reilly v. Connecticut Co., Dwy v. White v. Connecticut Mut. L. Ins. Co., Devin v. Conner, Pulaski Oil Co. v. Conners, Cook v. Connolly, Re (L.R.A.1916D, 635, Wash. , 154 Pac. 155) Connor Co., Com. v. Conrad v. Roberts (L.R.A.1915E, 131, 95 Kan. 180, 147 Pac. 795) Conradsen v. Osceola Consol. Min. Co. (L.R.A.1915F, 578, 180 Mich. 155, 146 N. W. 638) Consolidation Coal Co. v. Pratt (L.R.A. 1916D, 1229, Ky. , 184 S. W. 369) Continental Casualty Co., Bryant v. v. Cunningham (L.R.A.1915A, 538, Ala. , 66 So. 411) Continental Ins. Co., Murphy v. Continental L. Ins. & Invest. Co., Ihrke v. Conway v. District Board. See State ex rel. Conway v. District Board, v. Kinston (L.R.A.1916B, 945, N. C. , 86 S. E. 524) v. Monidah Trust (L.R.A.1915E, 500, 47 Mont. 269, 132 Pac. 26) v. Salt Lake & 0. R. Co. (L.R.A.1916D, 1109, Utah, , 155 Pac. 339) Coody v. Coody (L.R.A.1915E, 465, 39 Okla. 719, 136 Pac. 754) Cook, Brown v. v. Conners (L.R.A.1916A, 1074, 215 N. Y. 175, 109 N. E. 78) v. Danville (L.R.A.1915A, 1199. Va. , 82 S. E. 90) v. Griffith (L.R.A.1916D, 466, W. Va. , 86 S. E. 879) Hamilton Nat. Bank v. v. Highland Hospital (L.R.A.1915D, 611, 168 N. C. 250, 84 S. E. 352) Nettleton v. v. Packard Motor Car Co. (L.R.A.1915C, 319, 88 Conn. 590, 92 Atl. 413) Powers v. Cook County, Wayman v. Cooke v. Northern P. R. Co. (L.R.A.1916D, 345, 32 N. D. 340, 155 N. W. 867) Coombs v. Southern Wisconsin R. Co. (L.R.A.1916D, 539, 162 Wis. Ill, 155 N. W. 922) Coon v. Kentucky & Indiana Terminal R. Co. (L.R.A.1915D, 160, Ky. , 173 S. W. 325) v. Metzler (L.R.A.1916B, 667, Wis. , 154 X. W. 377) Coons v. Pritchard (L.R.A.1915F, 558, Fla. , 68 So. 225) Cooper, Louisville & N. R. Co. v. Co-operative Asso., Jones v. Co-operative Barrel Co., Barber Agency Co. v. Cooper Rubber Co. v. Johnson (L.R.A.1917A, 282, 133 Tenn. 562, 182 S. W. 593) Copeland v. Burke (L.R.A.1917A, 1165, Okla. , 158 Pac. 1162) v. Copeland (L.R.A.1917B, 287, Okla. , 159 Pac. 1122) Meginnes v. Copelin v. Berlin Dye Works & Laundry Co. (L.R.A.1915C, 712, Cal. , 144 Pac. 961) Coppage v. State (L.R.A.1915C, 960, 236 U. S. 1, 59 L. ed. 441, 35 Sup. Ct. Rep. 240) Copper Securities Co. v. Amalgamated Cop- per Co. (139 C. G. A. 15). See United Copper Securities Co. v. Amalgamated Copper Co. Copping v. Termini (L.R.A.1915A, 222, La. , 65 So. 132) Corbell, Tempe v. Corcoran v. Postal Teleg.-Cable Co. (L.R.A. 1915B, 552, 80 Wash. 570, 142 Pac. 29) State v. Corduan v. McCloud (L.R.A.1915D, 1190, N. J. , 93 Atl. 724) Corless, Porizky v. Saville v. Cormick, Re (L.R.A.1017D. 265, 100 Xeb. 669, 160 X. W. 989) 464 TABLE OF CASES. Connick v. First Trust Co. See Cormick, Re. Cornellier v. Haverhill Shoe Manufacturers' Asso. (L.R.A.1916C, 218, 221 Mass. 554, 109 N. E. 643) Comils, Re (L.R.A.1915E, 762, Iowa, , 149 N. W. 65) Jacobs v. Coronado Beach Co. v. Pillsbury (L.R.A. 1916F, 1164, Gal. , 158 Pac. 212) Coronas, American R. Co. v. Corporation Com. v. Morrison & Sons Co. See State ex rel. Corporation Com. v. Morrison & Sons Co. Cortland v. Larson (L.R.A.1917A, 314, 273 111. 602, 113 N. E. 51) Costello v. Bridges (L.R.A.1915A, 853, Wash. , 142 Pac. 687) Palmer v. Cottingham v. Maryland Motor Car Ins. Co. (L.R.A.1915D, 344, 168 N. C. 259, 84 S. E. 274) Cotton, Hall v. Husband v. Cotton Press & S. Co. v. Miller ( Tenn. ). See Merchants' Cotton Press & S. Co. v. Miller. Coultrap, Hall v. Council of Newark, Claringbold v. County Comrs., State ex rel. Lorenzino v. v. Willett ( Okla. ). See Board of County Comrs. v. Willett. County Court of Wetzel County v. Baltimore & 0. R. Co. (L.R.A.1917C, 967, W. Va. , 87 S. E. 884) County Court of Wyoming County v. White (L.R.A.1917D, 660, W. Va. , 91 S. E. 350) Courtsol, State v. Covington, South Covington & C. Street R. Co. v. Cox v. Chase (L.R.A.1915E, 590, 95 Kan. 531, 148 Pac. 766) v. Maryland E. R. Co. (126 Md. 300). See State Use of Cox v. Maryland E R Co y. Revelle (L.R.A.1915E, 443, 125 Md. 579, 94 Atl. 203) Union Trust Co. v. Wallace v. Coy v. Title Guarantee & T. Co. (LH.A. 1915E. 211, 220 Fed. 90) Coyne, Alexander v. Craft, St. Louis, I. M. & S. R. Co. v. Craig County v. Smartt (L.R.A.1916F, 892, Okla. , 158 Pac. 601) Cramblitt v. Percival-Porter Co. (L.R.A. 1917C, 77, Iowa, , 158 N. W. 541) Crandall & Godley Co., Godley v. Crane, Jorgenson v. People v. Crane Breed Mfg. Co., Hall Furniture Co. v. Crane Co., Vesper v. Cravens, Merritt v. Crawford, Pugh v. v. Seattle, R. & S. R. Co. (L.R.A.1916C, 516. _ Wash. . 153 Pac. 363) v. Seattle, R. & S. R. Co. (L.R.A.1916D, 732, 86 Wash. 628, 150 Pac. 1155) Yazoo & M. V. R. Co. v. Crayter, Bank of Guntersville v. Creal, Kentucky Highlands R. Co. v. Creamer v. Harris (L.R.A.1915C, 653, Ohio St. , 106 N. E. 967) Creamery Package Mfg. Co., State v. Virtue v. Creditors' Claim & A. Co. v. Northwest Loan & T. Co. (L.R.A.1917A, 737, 81 Wash. 247, 142 Pac. 670) Creekmore v. United States (L.R.A.1917C, 845, 237 Fed. 743) Creighton, Hoopes v. Crenshaw-Gary Lumber Co. v. Norton (L.R.A.1916E, 1227, Miss. , 72 So. 140) Crescent Drug Co., American Mfg. Co. v. Crescent Garment Co., Anderson v. Creyhon v. Board of Education (L.R.A. 1917C, 993, 99 Kan. 824, 163 Pac. 145) Crigger v. Coca-Cola Bottling Co. (L.R.A. 1916B, 877, 132 Tenn. 545, 179 S. W. 155) Crise, Slagle v. Criswell v. Criswell (L.R.A.1917E, 1103, Neb. , 163 N. W. 302) Crombie v. Superior Court. See State ex rel. Crombie v. Superior Court. Crook, Meridian v. Cropper v. Gaar (L.R.A.1916B, 1139, 151 Ky. 376, 151 S. W. 913) Crosby v. Maine C. R. Co. (L.R.A.1915E, 225, Me. , 93 Atl. 744) Crotts v. Winston-Salem (L.R.A.1916B, 1049, N. C. , 86 S. E. 792) Crouch v. Southern Surety Co. (L.R.A. 1915D, 966, 131 Tenn. 260, 174 S. W. 1116) Crout v. Yazoo & M. V. R. Co. (L.R.A. 1915E, 281, 131 Tenn. 667, 176 S. W. 1027) Crow v. McKown (L.R.A.1915E, 372, Ala. , 68 So. 341) v. Mitchell (L.R.A.1917D, 912, 269 Mo. 697, 192 S. W. 417) Crowder State Bank v. JEtna. Powder Co. (L.R.A.1917A, 1021, 41 Okla. 394, 138 Pac. 392) Crowley v. State (L.R.A.1917A, 661, Ohio St. , 113 N. E. 658) Crudup, Potts v. Crump, State ex rel. Thompson v. Crutchfield, National Union F. Ins. Co. v. Cudjoe v. State (L.R.A.1916F, 1251, Okla. Grim. Rep. , 154 Pac. 500) Cullens v. Cullens (L.R.A.1917B, 74; 161 N. C. 344, 77 S. E. 228) Culley v. Badgley (L.R.A.1917F, 359, Mich. , 163 N. W. 33) Culp v. Sandoval (L.R.A.1917A, 1157, N. M. , 159 Pac. 956) Culver, Runyan v. Cumberland County Power & L. Co., Foster v. Cumberland Sav. & Trust Co., State Bank v. Cumberland Teleph. & Teleg. Co., Borell v. v. Peacher Mill Co. (L.R.A.1915A, 1045, Tenn. , 164 S. W. 1145) Cummings v. Lobsitz (L.R.A.1915B, 415, Okla. , 142 Pac. 993) Standard Fashion Co. v. State ex reL Bell v. TABLE OF CASES. 465 Cummings v. Wallower (L.R.A.1915E, 774, Okla. , 149 Pac. 864) Cunningham v. Cokely (L.R.A.1917B, 718, W. Va. , 90 S. E. 546) Continental Casualty Co. v. v. Shelby (L.R.A.1917B, 572, Tenn. , 188 S. W. 1147) State v. Curtice v. Chicago & N. W. R. Co. (L.R.A. 1916D, 316, 162 Wis. 421, 156 N. W. 484) Curtis, Union Trust 'Co. v. Varney v. Curtis, Towle & Paine Co., Egner v. Cushman v. Cushman (L.R.A.1916C, 732, 80 Wash. 615, 142 Pac. 26) Cutler v. Keller (L.R.A.1917C, 1116, 88 Wash. 334, 153 Pac. 15) Cutlip, State v. Cutsinger v. Atlanta (L.R.A.1915B, 1097, Ga. , 83 S. E. 263) Czarnecki, Scown v. D. Daboll v. Moon (L.R.A.1915A, 311, 88 Conn. 387, 91 Atl. 646) D'Adamo, Re (L.R.A.1915D, 373, 212 N. Y. 214, 106 N. E. 81) Baffin, Nicholson v. Daggett, State ex rel. Jarvis v. Daily News Co., Van Lonkhuyzen v. Dairy Co. v. Sohmer (218 X. Y. 199). See People ex rel. Empire State Dairy Co. v. Sohmer. Daisey v. Wagner (L.R.A.1915D, 157, 162 Ky. 554, 172 S. W. 942) Dale, Hardin v. Damas v. People (L.R.A.1917D, 591, Colo. , 163 Pac. 289) Danaher, Southwestern Teleg. & Teleph. Co. v. Daniel, Boley v. Daniels v. Board of Education (L.R.A. 1916F, 468, Mich. , 158 N. W. 23) v. Wagner (L.R.A.1916A, 1116, 237 U. S. 547, 59 L. ed. 1102, 35 Sup. Ct. Rep. 740) Danielson v. Danielson (L.R.A.1917D, 624, _ \vis. , 161 S. W. 787) Dant, Western U. Teleg. Co. v. Danville, Cook v. Darbrinsky v. Pennsylvania Co. (L.R.A. 1915E, 781, 248 Pa. 503, 94 Atl. 269) Darnell v. State Nat. Bank (L.R.A.1916F, 1279, Okla. , 158 Pac. 921) Dart, Re (L.R.A.1916D, 905, Cal. , 155 Pac. 63) Dart Mfg. Co. v. Carr (L.R.A.1916E, 449, Iowa, , 156 N. W. 714) Daugherty, Texas Co. v. Davenport v. Silvey (L.R.A.1916A, 1240, 265 Mo. 543, 178 S. W. 168) Davidson, Ancient Order of United Work- men v. v. Browning (L.R.A.1915C, 976, W. Va. , 80 S. E. 363) Fisher v. Davie v. Douglas (L.R.A.1916B, 1261, 98 Neb. 479, 153 N. W. 509) L.R.A. Tri. Index 1915-17. 30. Davies v. Maryland Casualty Co. (L.R.A. 1916D, 395, Wash. , 154 Pac. 1116) v. Thompson (L.R.A.1917B, 395, Okla. , 160 Pac. 75) Davis, Board of Commissioners v. v. Choctaw County (L.R.A.1916F, 873, Okla. , 158 Pac. 294) Dickey v. v. Foley (L.R.A.1917A, 187, Okla. , 159 Pac. 646) v. Forrestal (L.R.A.1915F, 1012, 124 Minn. 10, 144 N. W. 423) v. Janeway (L.R.A.1916D, 722, Okla. , 155 Pac. 241) Lynch v. v. Neal (L.R.A.1916A, 999, 100 Ark. 399, 140 S. W. 278) v. Sim (L.R.A.1916C, 1152, 92 Kan. 264, 140 Pac. 851) State v. v. State (L.R.A.1915A, 572, Tex. Crim. Rep. , 167 S. W. 1108) v. Tway (L.R.A.1915E, 604, 16 Ariz. 566, 147 Pac. 750) Davis-Fisher Co. v. Hall (L.R.A.1915A, 1224, Mich. , 148 N. W. 713) Davison v. Chicago & N. W. R. Co. (L.R.A. 1917C, 135, Neb. , 160 N. W. 877) Dawson v. National Life Ins. Co. (L.R.A. 1916E, 878, Iowa, , 157 N. W. 929) Day, La Framboise v. Reynolds v. Strong v. v. Tacoma R. & Power Co. (L.R.A. 1915B, 547, 80 Wash. 161,- 141 Pac. 347) Dayton, O'Gara v. v. Speers Hospital (L.R.A.1917B, 779, 165 Ky. 56. 176 S. W. 361) Deakin, University Club v. Dean v. Southern R. Co. (L.R.A.1917C, 346, 112 Miss. 333, 73 So. 55) Deatley, Hurst Home Ins. Co. v. Debaca v. Higgins (L.R.A.1915B, 1091, Colo. , 143 Pac. 832) Decatur v. Eady (L.R.A.1917E, 242, Ind. , 115 N. E. 577) De Constantin v. Public Service Com. (L.R.A.1916A, 329, W. Va. , 83 S. E. 88) De Hardt v. Atchison, T. & S. F. R. Co. (L.R.A.1917D, 549, 100 Kan. 24, 163 Pac. 650) Deister v. Atchison, T. & S. F. R. Co. (L.R.A.1917C, 784, 99 Kan. 525, 162 Pac. 282) Delaney v. Plunkett (L.R.A.1917D, 926, Ga. , 91 S. E. 561) Delaware Ins. Co., Dinneen v. Delaware, L. & W. R. Co., Nevich v. Shanks v. v. Welshman (L.R.A.1916E, 816, 229 Fed. 82) Delay, Eaton v. Delaye, State ex rel. Black v. Delk v. Com. (L.R.A.191C.B, 1117, Ky. , 178 S. W. 1129) De Long v. Oklahoma City (L.R.A.1915E, 597, Okla. , 148 Pac. 701) 466 TABLE OF CASES. Del Vecchio, Haley & L. Co. v. De Martini, People v. Deming v. Nichols (L.R.A.1916F, 103, Tenn. , 186 S. W. 113) Dempsey, Hoban v. Denman v. Brenneman (L.R.A.1915E, 1047, Okla. , 149 Pac. 1105) Dennis, First Presbyterian Church v. Dennison, National F. Ins. Co. v. Denny v. Board of Equalization (L.R.A. 1917A, 285, 134 Tenn. 468, 184 S. W. 14) Dent, Railway Mail Asso. v. Denver, Lord v. Denver & R. G. R. Co. v. Ashton-Whyte- Skillicorn Co. (L.R.A.1917C, 768, Utah, , 162 Pac. 83) v. Doyle (L.R.A.1915D, 113, Colo. , 145 Pac. 688) Lovejoy v. Myers v. Denver Ci f v Tramway Co. v. Brier (L.R.A. 1916B, 1132, Colo. , 152 Pac. 901) Denver Dry Goods Co. v. Jester (L.R.A. 1917A, 957, 60 Colo. 290, 152 Pac. 903) Deposit Co. v. Industrial Acci. Commission (171 Cal. 728). See Fidelity & Deposit Co. v. Industrial Acci. Commission. v. Sarbach (99 Kan. 29). See Fidelity & D. Co. v. Sarbach. Derfler, Southern Colonization Co. v. Dern v. Olsen (L.R.A.1915B, 1016, 18 Idaho, 358, 110 Pac. 164) Derringer v. Tatley (L.R.A.1917F, 187, 34 N. D. 43, 157 N. W. 811) Desha Bank & T. Co. v. Quilling (L.R.A. 1915E, 794, Ark. , 176 S. W. 132) Desmond v. Fawcett (L.R.A.1917D, 408, 226 Mass. 100, 115 X. E. 280) De Spain v. Coley (L.R.A.1917C, 1111, Okla. , 162 Pac. 756) Desser v. Wichita (L.R.A.1916D, 246, 96 Kan. 820, 153 Pac. 1194) De Tamble Motors Co., Munson v. Detroit, Wood v. Detroit & M. R. Co., Clark v. Detroit, J. & C. R. Co., Beweinitz v. Detroit, Mt. C. & M. C. R. Co., Finn v. Detroit Saturday Night Co., Spooner v. Detroit Shade Tree Co., Kunze v. Detroit Steel Products Co., Jendrus v. Detroit United R. Co., Manos v. Deupree v. Thornton (L.R.A.1917C, 65, 97 Xeb. 812, 08 Xeh. 804, 151 N. W. 305. 154 X. W. 557) Deveny, Hennen v. Devin v. Connecticut Mut. L. Ins. Co. (L.R.A.1916F, 783, Okla. , 158 Pac. 435) Devine v. Pfaelzer (L.R.A.1917C, 1080, 277 HI. 255, 115 X. E. 126) De Voe, Re (L.R.A.1917A, 250, 218 N. Y. 318, 113 N. E. 256) De Vore, Chicago, R. I. & P. R. Co. v. De York, Folsom-Morris Coal Min. Co. v. De Weese v. People use of Boulder (L.R.A. 1916E, 326, Colo. , 156 Pac. 594) Deyo v. Arizona Grading & Constr. Co. (L.R.A.1916E, 1257, Ariz. , 157 Pac. 371). Dexter v. Chicago & N. W. R. Co. ( Neb. ). See Davison v. Chicago & N. W. R. Co. Diamond v. Jacquith (L.R.A.1916D, 880, 14 Ariz. 119, 125 Pac. 712) Diamond Coal & Coke Co., Safe Deposit & T. Co. v. Dibbens, Waugh v. Dibbert v. Metropolitan Invest. Co. (L.R.A. 1915D, 305, 158 Wis. .69, 147 N. W. 3) Dibelka v. Reinberg. See People ex reL Dibelka v. Reinberg. Dibrell, Mutual L. Ins. Co. v. Dice v. Barbour (L.R.A.1916F, 1155, 151 Ky. 646, 171 S. W. 195) Dick & Bros. Quincy Brewery Co., State ex rel. Weathers v. Dickerson, Hoskins v. Dickey v. Davis (L.R.A.1915F, 840, W. Va. , P.U.R.1915E, 93, 85 S. E. 781) Dickinson v. Johnson (L.R.A.1915E, 496, Ark. , 176 S. W. 116) Dickson v. Chattanooga Railway & L. Co. (L.R.A.1917C, 464. 237 Fed. 352) Diederich v. Schneider Wholesale Wine & Liquor Co. (L.R.A.1915B, 889, 115 C. C. A. 37, 195 Fed. 35) Diehl v. McKinnon (L.R.A.1916C, 384, Iowa, , 155 N. W. 259) Diepenbrock v. Luiz (L.R.A.1915C, 234, 159 1 Cal. 716, 115 Pac. 743) Diggs v. United States. See Caminetti v. United States. Dinneen v. American Ins. Co. (L.R.A. 101. ">E. 618, Xeb. , 152 X. W. 307) v. Delaware Ins. Co. See Dinneen v. American Ins. -Co. Dirigo Mut. F. Ins. Co., Bouchard v. Disposal Co. v. State (89 Ohio St. 230). See Toledo Disposal Co. v. State. Distilling Co. v. Western M. R. Co. (242 U. S. 311). See Clark Distilling Co. v. Western M. R. Co. District Board, State ex rel. Conway v. District Court, State ex rel. Adriatic Min. Co. v. State ex rel. Anseth v. State ex rel. Lane v. State ex rel. Metcalf v. State ex rel. People's Coal & Ice Co. v. Worthington v. District of Columbia, Hotchkiss v. v. Washington (L.R.A.1916C, 379, App. D. C. ) District School Bd., Richards v. Dittmer, Prentiss v. Dixie Portland Cement Co., Goodln v. Dixon, Parker v. v. State Mut. Ins. Co. (L.R.A.1915F, 1210, 34 Okla. 624, 126 Pac. 794) Dixon Livery Co. v. Kane (L.R.A.1916A, 1211, Va. , 86 S. E. 106) Dixon Pure Ice Co., Sandusky Portland Cement Co. v. Doane v. Grew (L.R.A.1915C. 774, 220 Mass. 171, 107 N. E. 620) Dodge, Jones v. TABLE OF CASES. 467 Dodgson, Van Blaricom v. Dodson v. McCurnin (L.R.A.1917C, 1084, Iowa, , 160 JST. W. 927) Dold, Newark v. Donahue v. Sherman's Sons Co. (L.R.A. 1917A, 76, R. I. , 98 Atl. 109) Donohue, Carey v. Herlihy v. Dooley v. Seaboard Air Line R. Co. (L.R.A. 1916E, 185, 163 N. C. 454, 79 S. E. 970) Doppes Sons Lumber Co. v. Cincinnati, N. 0. & T. P. R. Co. (L.R.A.1916D, 452, 92 Ohio St. 206, 110 N. E. 640) Dorothy v. Commonwealth Commercial Co. (L.R.A.1917E, 1110, 278 111. 629, 116 N. E. 143) Dorr v. Chesapeake & 0. R. Co. (L.R.A. 1916E, 62, W. Va. , 88 S. E. v. Lehigh Valley R. Co. (L.R.A.1915D, 368, 211 N. Y. 369, 105 N. E. 652) Dotson v. Skaggs (L.R.A.1916D, 761, W. Va. , 87 S. E. 460) Dott, Louisville R. Co. v. Doub, Helsabeck v. Dougherty v. American McKenna Process Co. (L.R.A.1915F, 955, 255 111. 369, 99 N. E. 619) Louisville & N. R. Co. v. State v. Douglas, American Nat. Bank v. Davie v. Douglas County v. Leavenworth County (L.R.A.1916F, 508, 98 Kan. 389, 157 Pac. 1180) Robinson & Co. v. Douglass, Eilers Music House v. v. Loftus (L.R.A.1915B, 797, 85 Kan. 720, 119 Pac. 74) Dow v. Irwin (L.R.A.1916E, 1153, N. M. , 157 Pac. 490) v. Lillie (L.R.A.1915D. 754, 26 N. D. 512, 144 N. W. 1082) Downs, Angus v. Doyle, Denver & R. G. R. Co. v. Feeley v. v. Mitchell Bros. Co. (L.R.A.1917E, 568, 149 C. C. A. 106, 235 Fed. 686) Drabelle, State ex rel. Hagerman v. Drainage Dist. No. 1, Re (L.R.A.1915A, 1210, Idaho, , 143 Pac. 299) Drainage Dist. No. 56, Taylor v. Drake v. Topeka R. Co. (L.R.A.1916E, 332, 96 Kan. 727, 153 Pac. 539) Drake Hotel Co., Chicago v. Draughn v. State (L.R.A.1916F, 793, Okla. Crim. Rep. , 158 Pac. 890) Dreyfus, Re (L.R.A.1917F, 391, Cal. , 1(55 Pac. 941) St. Louis & S. F. R. Co. v. Drill Co. v. Burke (132 Tenn. 481). See Xixon Min. Drill Co. v. Burke. Driscoll v. Gatcomb (L.R.A.1915B, 702, Me. , 92 Atl. 39) Smith v. Droppleman v. Illinois Surety Co. (L.R.A. 1917D, 1032, Wash. , 164 Pac. 70) Drummond v. Griffin (L.R.A.1916B, 748, Me. , 95 Atl. 506) Dry Goods Co. v. Georgia Public Service Corp. (142 Ga. 841). See Union Dry Goods Co. v. Georgia Public Service Corp. v. Jester (60 Colo. 290). See Denver Dry Goods Co. v. Jester. v. Owen (37 Okla. 616). See Swofford Bros. Dry Goods Co. v. Owen. Du Bois, Schell v. Du Bois Electric Co. v. Fidelity Title & T. Co. (L.R.A.1917C, 907, 238 Fed. 129) Dubuque F. & M. Ins. Co., Rasmusson v. Dudgeon v. Hall ( W. Va. ). See Boot- en v. Pinson. Duffy v. Hobbs, W. & Co. (L.R.A.1916F, 806, 166 Cal. 210, 135 Pac. 1093) People v. Dugan, Williams v. Dulin v. Bailey (L.R.A.1917B, 556, N. C. , 90 S. E. 689) v. Ohio River R. Co. (L.R.A.1916B, 653, 73 W. Va. 166, 80 S. E. 145) Duluth v. Board of Education (L.R.A.1916F, 861, Minn. , 158 N. W. 635) Duluth Street R. Co. v. Fidelity & D. Co. L.R.A.1917D, 684, Minn. , 161 N. W. 595) Duncan v. Keep (114 Me. 443). See Howard v. Harrington, v. Parker (L.R.A.1915A, 804, Wash. , 142 Pac. 657) Duncan-Schell Furniture Co., Boggs v. Dunham v. Ardery (L.R.A.1915B, 232, Okla. , 143 Pac. 331) Dunlap, Graves v. Dunn v. Bank of Union (L.R.A.1915B, 168, W. Va. , 82 S. E. 758) Du Pont De Nemours Powder Co., Byland v. Clark v. Lucid v. Du Pont Powder Co., Simpson v. Duquesne Light Co., Rhad v. Duran, Apodaca De Gurule v. Durand & Co. v. Howard & Co. (L.R.A. 1915B, 998, C. C. A. , 216 Fed. 585) Durham Traction Co., Ferrell v. Durkee v. Batcheller (L.R.A.1916E, 545, R. I. , 97 Atl. 378) Durkee-Atwood Co., King v. Durrett, Hardage v. Dustin v. Interstate Business Men's Acci- dent Asso. (L.R.A.1917B, 319, S. D. , 159 N. W. 395) Duvall v. National L. Ins. Co. (L.R.A.1917E, 333, 28 Idaho. 356, 154 Pac. 632) v. Ridout (L.R.A.1915C, 345, Md. , 92 Atl. 209) State v. Dwight Mfg. Co., Brown v. Dwy v. Connecticut Co. (L.R.A.1915E, 800, 89 Conn. 74, 92 Atl. 883) Dye v. Shutan ( Cal. ). See Carpenter, Re. E. Eades, Security L. Ins. Co. v. 468 TABLE OF CASES. Eady, Decatur v. Early Co. v. Williams (L.R.A.1916F, 418, Tenn. , 186 S. W. 102) Earnhardt, Walter v. Easier v. Columbia Railway, Gas, & Electric Co. (L.R.A.1915D, 883, S. C. , 84 S. E. 417) Easter, Georgia .L. Ins. Co. v. Eastern Illinois State Normal School v. Charleston (L.R.A.1916D), 991, 271 111. 602, 111 X. E. 573) Eastern Importing & Mfg. Co., Sheehy Co. v. Eastern States Retail Lumber Dealers' Asso. v. United States (L.R.A. 1915A, 788, 234 U. S. 600, 58 L. ed. 1490, 34 Sup. Ct. Rep. 951) Eastham, Cincinnati, N. 0. & T. P. R. Co. v. Eastin, State ex rel. St. Joseph Water Co. v. East Jersey Water Co., Auger & S. Silk Dyeing Co. v. Easton v. United Trade School C. Co. (L.R.A.1917A, 394, Cal. , 159 Pac. 597) Eaton v. Delay (L.R.A.1916D, 528, 32 X. D. 328, 155 X. W. 644) Echols, American Fidelity Co. v. Eddington, Lusk v. Edelen v. Herman (L.R.A.1915C, 1208, 162 Ky. 500, 172 S. W. 936) Edgin v. Bell-Wayland Co. (L.R.A.1915F, 916, Okla. , 149 Pac. 1145) Edison Electric Illuminating Co. v. People's Nat. Bank (L.R.A.1917F, 1123, 221 X. Y. 1, 116 X. E. 369) Edwardes, Hammitt v. Edwards v. Interstate Chemical Corp. (L.R.A.1916D, 121, 170 X. C. 551, 87 S. E. 635) Security Trust Co. v. v. Yearby (L.R.A.1915E, 462, 168 X. C. 663, 85 S. E. 19) Edwards & Deutsch Lithographing Co. v. Vidalia Grocery Co. (L.R.A.1916D, 624. 144 Ga. 514, 87 S. E. 675) Egerton v. Flesher (L.R.A.1916D, 828, W. Va. , 86 S. E. 34) Egner v. Curtis, Towle, & Paine Co. (L.R.A. 191 5 A, 153, Xeb. , 146 X. W. 1032) Ehlert, Nunn v. Eichoff v. Caldwell (L.R.A.1917E, 359^ Okla. , 151 Pac. 860) Nelson v. Eilers Music House v. Douglass (L.R.A. 1916E, 613, 90 Wash. 683, 156 Pac. 937) Eisentrager v. Great Northern R. Co. (L.R.A.1917B, 1245, Iowa, , 160 X. W. 311) Eisentraut v. Madden (L.R.A.1915C, 893, Xeb. , 150 X. W. 627) Ekern, Rock v. Ekerold, People on Complaint of Pugliese v. Elder v. Baltimore & 0. R. Co. (126 Md. 497). See State use of Elder v. Baltimore & 0. R. Co. Electric Co. v. Fidelity Title & T. Co. (238 Fed. 129). See Du Bois Electric Co. v. Fidelity Title & T. Co. Electric Illuminating Co. v. People's Nat. Bank (221 X. Y. 1). See Edison Electric Illuminating Co. v. Peo- ple's Xat. Bank. Elevator Co. v. Harrison (97 Kan. 289). See Ogallah Elevator Co. v. Har- rison. v. Illinois C. R. Co. (278 111. 333). See Shellabarger Elevator Co. v. Ill- inois C. R. Co. Elgin v. Gross-Kelly & Co. (L.R.A.1916A, 711, X. M. , 150 Pac. !22) Elie v. Lewiston, A. & W. Street R. Co. (L.R.A.1916C, 104, 112 Me. 178, 91 Atl. 786) Eliot & Co. v. Lake Torpedo Boat Co. ( Conn. ). See State ex rel. Eliot & Co. v. Lake Torpedo Boat Co. Elk Hotel Co. v. United Fuel Gas Co. (L.R.A.1917E, 970, 75 W. Va. 200, 83 S. E. 922) Elkins, Alexander v. Ellard v. Ferris (L.R.A.1916C, 613, 91 Ohio St. 339, 110 X. E. 476) Eller, Lowrance v. Ellinghouse v. Ajax Live Stock Co. (L.R.A. 1916D, 836, 51 Mont. 275, 152 Pac. 481) Elliott v. JEtna L. Ins. Co. (L.R.A.1917C, 1061, Xeb. , 161 X. W. 570) v. Frankfort M. A. & P. G. Ins. Co. (L.R.A.1916F, 1026, Cal. , 156 Pac. 481) Ellis, Boise Asso. of Credit Men v. v. Fidelity & Casualty Co. (L.R.A. 1915A, 109, Iowa, , 144 X. W. 574) Missouri, K. & T. R. Co. v. Record v. v. Stone (L.R.A.1916F, 1228, X. M. , 158 Pac. 480) Ellison v. Adams Exp. Co. (L.R.A.1915A, 502, 245 111. 410, 92 X. E. 277) Elm City Lumber Co., Brown v. El Paso Brick Co. v. McKnight (L.R.A. 1915A, 1113, 233 U. S. 250, 58 L. ed. 943, 34 Sup. Ct. Rep. 498) Elsey v. Hudson Co. (L.R.A.1916B, 1284, Mich. , 155 X. W. 377) Ely v. Bugbee (L.R.A.1916F, 910, Conn. , 98 Atl. 121) v. King-Richardson Co. (L.R.A.1915B, 1052, 265 111. 148, 106 X. E. 619) Elyria Savings & Bkg. Co. v. Walker Bin Co. (L.R.A.1916D, 433, 92 Ohio St. 406, 111 X. E. 147) Ely Water Co. v. White Pine County (L.R.A.1916D, 431, Xev. , 151 Pac. 335) Emart, Re (L.R.A.1917F, 866, Cal. , 165 Pac. 707) Embrey v. Adams (L.R.A.1915D, 1118, Ala. , 68 So. 20) Emerson v. Central of Georgia R. Co. (L.R.A.1916F, 120, Ala. , 72 So. 120) State ex rel. Kern v. Emmetsburg, First Nat. Bank v. Empire Dist. Electric Co., Logan v. Empire State Dairy Co. v. Sohmer (218 X. Y. 199). See People ex rel. Empire State Dairy Co. v. Sohmer. TABLE OF CASES. 469 Empire Theatre Co. v. Cloke (L.R.A.1917E, 33, 53 Mont. 183, 163 Pac. 107) English, State v. v. Thomas (L.R.A.1916F, 1110, Okla. , 149 Pac. 906) Enid, Billings Hotel Co. v. Ennis, Carson v. Enterprise Lumber Co., Luden v. Enzenbacher, Schlau v. Epp v. Hinton (L.R.A.1915A, 675, 91 Kan. 513, 138 Pac. 576) Eppstein, Phoenix Assur. Co. v. Equitable L. Assur. Soc. v. Union Papific R. Co. (L.R.A.1915D, 1052, 212 N. Y. 360, 106 N. E. 92) v. Weightman (L.R.A.1917B, 1210, Okla. , 160 Pac. 629) Equity Co-operative Exch., Greer v. Erickson, Berg v. Erickson Constr. Co., Ross v. Ericsson, People ex rel. Busching v. Erie R. Co. v. Steinberg (L.R.A.1917B, 787, Ohio St. , 113 N. E. 814) Zabriskie v. Erwin v. Traud (L.R.A.1917D, 690, N. J. , 100 Atl. 184) Escamilla v. Pingree (L.R.A.1915B, 475, Utah, , 141 Pac. 103) Etchison v. Frederick (L.R.A.1916C, 561, 123 Md. 283, 91 Atl. 161) Evans v. Burson (L.R.A.1917E, 1146, Okla. , 164 Pac. 471) Parsons v. Evatt v. Mier (L.R.A.1916C, 759, 114 Ark. 84, 169 S. W. 817) Evening Post Co., Axton-Fisher Tobacco Co. v. Everest v. McKenny (L.R.A.1917D, 779, Mich. , 162 N. W. 277) Everett, Hollins v. Everly v. Adams (L.R.A.1915E, 448, 95 Kan. 305, 147 Pac. 1134) Evers, Hagerstown & C. Turnpike Co. v. Eversole v. Eversole (L.R.A.1916E, 593, 169 Ky. 793, 185 S. W. 487) Ewing, Bechtol v. Excelsior Powder Mfg. Co., State ex rel. Hopkins v. Express Co. v. Byers (240 U. S. 612). See Southern Express Co. v. Byers. v. Kentucky (238 U. S. 190). See Adams Exp. Co. v. Kentucky. v. Whittle ( Ala. .) See Southern Exp. Co. v. Whittle. v. Williamson (66 Fla. 286). See Southern Exp. Co. v. Williamson. Eyermann v. St. Louis (L.R.A.1915F, 854, Mo. , 178 S. W. 98) Eyre v. Faribault (L.R.A.1917A, 685, 121 Minn. 233, 141 N. W. 170) F. Fabian v. Wasatch Orchard Co. (L.R.A. 1916D, 892, 41 Utah, 404, 125 Pac. 860) Fagan v. Atlantic Coast Line R. Co. (L.R.A. 1917E, 663, 220 N. Y. 301, 115 N. E. 704) Fairbanks Steam Shovel Co. v. Holt & Jeffery (L.R.A.1915B, 477, 79 Wash. 361, 140 Pac. 394). Falk v. Burke (L.R.A.1915B, 279, 93 Kan. 93, 143 Pac. 498) Falls, Schwren v. Fancy Farm Teleph. Co., Rogers v. Farabee-Treadwell Co. v. Union & P. Bank & T. Co. (L.R.A.1916F, 501, Tenn. , 186 S. W. 92) Fargo v. Johnson. See Wells, Fargo & Co. v. Johnson. v. Wade (L.R.A.1915A, 271, Or. , 142 Pac. 830) Faribault, Eyre v. Farkas v. Albany (L.R.A.1915A, 320, 141 Ga. 833, 82 S. E. 144) Farley, Re (L.R.A.1916D, 816, 213 N. Y. 15, 106 N. E. 756) v. Frost-Johnson Lumber Co. (L.R.A. 1915A, 200, 133 La. 497, 63 So. 122) v. Hopkins. See Connolly, Re. Farmers' & Mechanics' Nat. Bank v. Ridge - Ave. Bank (L.R.A.1917A, 135, 240 U. S. 498, 60 L. ed. 767, 36 Sup. Ct. Rep. 461) Fanners' & Mechanics' Sav. Bank, Fridley v. Fanners' & Traders' Bank, Farmers' Nat. Bank v. Holden v. Farmers' Exchange, Ford v. Fanners' Irrig. Dist., State ex rel. O'Shea v. Farmers' Loan & T. Co. v. Planck (L.R.A. 1915E, 564, Neb. , 152 N. W. 390) Farmers' Mut. Equity Ins. Soc. v. Smith (L.R.A.1915B, 844, 158 Ky. 459, 165 S. W. 675) Farmers' Mut. F. Ins. Co., Benham v. Farmers' Nat. Bank v. Farmers' & Traders' Bank (L.R.A.1915A, 77, 159 Ky. 141, 166 S. W. 986) v. Nelson (L.R.A.1917E, 506, 255 Pa. 455, 100 Atl. 136) Farmers' Produce Co. v. Schreiner (L.R.A. 1916A, 1297, Okla. , 150 Pac. 483) Farmers' Savings Bank v. Jameson (L.R.A. 1916E, 362, Iowa, , 157 N. W. 460) Farmers' Security Bank v. Martin (L.R.A. 1915D, 432, N. D. , 150 N. W. 572) Farmers' State Bank v. State (L.R.A. 1917E, 551, Okla. Crim. Rep. , 164 Pac. 132) Farms Co. v. Young ( Fla. ). See Ock- lawaha River Farms Co. v. Young. Farrell, Ex parte (L.R.A.1916F, 1257, Ala. , 71 So. 462) v. Hicken (L.R.A.1915B, 401, 125 Minn. 407, 147 N. W. 815) v. Murchison. See Farrell v. Hicken. Farriss, Reader v. Fashion Co. v. Cummings (187 Mich. 196). See Standard Fashion Co. v. Cum- mings. Fawcett, Desmond v. Faxon v. All Persons Claiming Any Inter- ests in Certain Real Estate (L.R.A. 1916B, 1209, 166 Cal. 707, 137 Pac. 919) Fay Mercantile Co., Oklahoma F. Ins. Co. v. 470 TABLE OF CASES. Fearnow v. Jones (L.R.A.1916C, 720, 34 Okla. 694, 126 Pac. 1015) Federal Chemical Co. v. Jennings (L.K.A. 1917D, 529, 112 Miss. 513, 73 So. 567) Federal Ins. Co. v. Hiter (L.R.A.1915E, 575, 164 Ky. 743, 176 S. W. 210) Federal Min. & Smelting Co. v. Public Util- ities Commission (L.R.A.1917F, 1195, 26 Idaho, 391, 143 Pac. 1173) Federal Rubber Mfg. Co. v. Havolic (L.R.A. 1916D, 968, 162 Wis. 341, 156 N. W. 143) Feehley v. Feehley (L.R.A.1917C, 1017, 129 Md. 565,99 Atl. 663) Feeley v. Doyle (L.R.A.1916F, 1121, 222 Mass. 155, 109 N. E. 902) Feeney, Larson v. v. Mehlinger (L.R.A.1917E, 271, Minn. , 161 N. W. 220) Fees v. Mechanics' State Bank (L.R.A. 1915A, 606, 84 Kan. 828, 115 Pac. 563) Feimster, Fore v. Felton, Schlechter v. Fennell v. Atchison, T. & S. F. R. Co. (L.R.A.1916E, 1107, 98 Kan. 210, 158 Pac. 14) Ferch, Pabst v. Ferebee v. Sawyer (L.R.A.1915B, 640, N. C. , 83 S. E. 17) Ferle v. Lansing (L.R.A.1917C, 1096, 189 Mich. 501, 155 N. W. 591) Terrell v. Durham Traction Co. (L.R.A. 1917B, 1291, N. C. , 90 S. E. 893) Ferris, Ellard v. Ferry & Co. v. Hall (L.R.A.1917B, 620, 188 Ala. 178, 66 So. 104) Fidelity & Casualty Co., Ellis v. Johnson v. v. Martin (L.R.A.1917F, 924, 163 Ky. 12, 173 S. W. 307) Stokely v. Stone v. Townsend v. Fidelity & Columbia Trust Co. v. Barret (L.R.A.1916D, 493, Ky. , 179 S. W. 396) Fidelity & D. Co., Algonite Stone Mfg. Co. v. , Duluth Street R. Co. v. v. Industrial Acci. Commission (L.R.A. 1916D, 903, 171 Cal. 728, 154" Pac. 834) v. Sarbach (L.R.A.1917B, 1043, 99 Kan. 29, 160 Pac. 990) Sturtevant Co. v. Fidelity & G. Co. v. Cochrane ( Wash. ). See United States Fidelity & G. Co. v. Cochrane. v. National Bank ( Or. ). See United States Fidelity & G. Co. v. United States Nat. Bank. v. Poetker (180 Ind. 255). See United States Fidelity & G. Co. v. Poetker. v. United States & M. T. Co. ( C. C. A.). See United States Fidelity & G. Co. v. United States & M. T. Co. Fidelity Bkg. & T. Co., Williams v. Fidelity Co. v. Echols ( Okla. ). See American Fidelity Co. v. Echols. Fidelity Safe Deposit Co., Foster v. Fidelity Title & T. Co., Du Bois Electric Co. v. Fidelity Trust Co., Bland v. Bracken v. v. Martin (L.R.A.1915B, 1156, 158 Ky. 522, 165 S. W. 665) Field & Co., People ex rel. Mather v. Fields v. Holland (L.R.A.1915C, 865, 158 Ky. 544, 165 S. W. 699) Filley v. Illinois L. Ins. Co. (L.R.A.1915D, 130, 91 Kan. 220, 137 Pac. 793) Finch Bros. v. Michael (L.R.A.1915B, 1204, N. C. , 83 S. E. 458) Findlay Cemetery Asso., Sutton v. Finishing Co. v. Greene ( R. I. ). See Slatersville Finishing Co. v. Greene. Finley v. Atlantic Transport Co. (L.R.A. 1917E, 852, 220 N. Y. 249, 115 N. E. 715) Hart-Parr Co. v. v. Smith (L.R.A.1915F, 777, 165 Ky. 445, 177 S. W. 262) Finn v. Detroit, Mt. C. & M. C. R. Co. (L.R.A.1916C, 1142, Mich. , 155 X. W. 721) Finseth, McDonald v. Fire Asso. v. Wells (L.R.A.1916A, 1280, 84 N. J. Eq. 484, 94 Atl. 619) Fire, Brick & Clay Co. v. Machinery Co. (89 Ohio St. 365). See Petersburg Fire Brick & Clay Co. v. American Clay Mach. Co. Firemen's Fund Ins. Co., Lummus v. Firemen's Ins. Co. v. Larey (L.R.A.1917A, 29, 125 Ark. 93, 188 S. W. 7) Fireproof Film Co., Sturtevant Co. v. First Nat. Bank, Re (L.R.A.1915C, 386, 25 N. D. 635, 146 N. W. 1064) Bjorgo v. Carnegie Trust Co. v. v. Cazort & McGehee Co. (L.R.A.1917C, 7, 123 Ark. 605, 186 S. W. 86) Chapman v. Citizens' State Bank v. v. Clark (L.R.A.1916C, 633, N. M. , 153 Pac. 69) v. Emmetsburg (L.R.A.1915A. 982, 157 Iowa, 555, 138 X. W. 451) Halsell v. Heinrich v. v. Johnson (L.R.A.1916B, 941, X. C. , 86 S. E. 360) Justin v. Keith v. v. Logue (L.R.A.1915B, 340, 89 Ohio St. 288, 106 X. E. 21) v. Muskogee Pipe Line Co. (L.R.A. 1916B, 1021, 40 Okla. 603, 139 Pac. 1136) National Bank of Commerce v. v. Stover (L.R.A.1916D, 1280, N. M. , 155 Pac. 905) First Presbyterian Church v. Dennis (L.R.A. 1917C, 1005, Iowa, , 161 N. W. 183) First Trust Co., Connick v. Fischer v. Carey (L.R.A.1917A, 1100, Cal. , 159 Pac. 577) Fiscus, Sewer Improv. Dist. No. 1 v. TABLE OF CASES. 471 Fish v. United States (L.R.A.1915A, 809, C. C. A. , 215 Fed. 544) Fishback v. Globe Gasket & Undertaking Co. See People ex rel. Fishback v. Globe Casket & Undertaking Co. Robison v. Fisher v. Davidson (L.R.A.1917F, 692, Mo. , 195 S. W. 1024) v. O'Brien (L.R.A.1917F, 610, 99 Kan. 621, 162 Pac. 317) v. Sun Ins. Office (L.R.A.1915C, 619, W. Va. , 83 S. E. 729) Sweitzer v. Fite, Grizzard v. Fitts, St. Louis & S. F. R. Co. v. Fitzgerald, Alessi v. Fitzpatrick v. Owens (L.R.A.1917B, 774, 124 Ark. 167, 186 S. W. 832, 187 S. W. 460) Flack v. Warner (L.R.A.1917F, 464, 278 111. 368, 116 N. E. 202) Flanagan v. Nicholson Pub. Co. (L.R.A. 1917E, 510, 137 La. 588, 68 So. 964) Flash v. Louisiana Western R. Co. (L.R.A. 1916E, 112, 137 La. 352, 68 So. 636) Fleming, Viita v. Flesher, Egerton v. Flood v. Pabst Brewing Co. (L.R.A,1916F, 1101, 158 Wis. 626, 149 N. W. 489) Flores v. State (L.R.A.1917B, 1143, Fla. , 73 So. 234) Florida Coast Line Canal & Transp. Co., State ex rel. West v. Flour Mills Co. v. Brandt (98 Kan. 587). See Kansas Flour Mills Co. v. Brandt. Flowers v. State (L.R.A.1915E, 848, Fla. , 68 So. 754) Floyd v. Atlantic C. L. R. Co. (L.R.A.1915B, 519, N. C. , 83 S. E. 12) Ireland v. Flynn, McCoy v. Focks v. Munger (L.R.A.1915E, 1019, N. M. , 149 Pac. 300) Fogarty v. Northern P. R. Co. (L.R.A. 1916C, 800, 74 Wash. 397, 133 Pac. 609) v. Northern P. R. Co. (L.R.A.1916C, 803, 85 Wash. 90, 147 Pac. 652) Foley, Davis v. Noonan v. Folsom-Morris Coal Min. Co. v. De Vork (L.R.A.1917A, 1290, Okla. , 160 Pac. 64) Ford v. Farmers' Exchange (L.R.A.1917B, 1106, Tenn. , 189 S. W. 368) Jinkiaway v. Ford City, Smeltzer v. Fore v. Feimster (L.R.A.1916F, 481, 171 N. C. 551, 88 S. E. 977) Forest Home Cemetery Co., People ex rel. Gaskill v. Forest Park, Condon v. Forman v. Sewerage and Water Board (L.R.A.1915D, 927, 135 La. 1031, 66 So. 351) Forrestal, Davis v. Forrester, Loganville Bkg. Co. v. Forsythe v. Kinne (L.R.A.1915A, 706, ! Mich. , 147 N. W. 549) Forte, People v. Ft. Smith & W. R. Co. v. Holcombe (L.R.A. 1916F, 1237, Okla. , 158 Pac. 633) v. Seran (L.R.A.1915C, 813, Okla. , 143 Pac. 1141) Ft. Smith Light & Traction Co., Bain v. Foster, Brody v. v. Cumberland County Power & L. Co. (L.R.A.1917E, 1044, Me. , 100 Atl. 833) v. Fidelity Safe Deposit Co. (L.R.A. j 1916A, 655, 264 Mo. 89, 174 S. W. \ 376) ) State ex rel. Syverson v. Foundry & Manufacturing Co. v. Merten ( Iowa, ). See Sioux City Foundry & Mfg. Co. v. Merten. Fountain, Bowser & Co. v. Fourth Nat. Bank v. National Banner Pub. Co. See Fourth Nat. Bank v. Stahlman. Pennington v. v. Stahlman (L.R.A.1916A, 568, 132 Tenn. 367, 178 S. W. 942) Fouts v. Nance (L.R.A.1916E, 283, Okla. , 155 Pac. 610) Tucker v. Fowler v. Fowler (L.R.A.1917C, 89, Okla. , 161 Pac. 227) Fowler Waste Mfg. Co., Vineland v. Fox, Colvill v. Meek v. Moroder v. Foy-Proctor Co. v. Marshall (L.R.A.1916F, 1036, 169 Ky. 377, 183 S. W. 940) France, Lewis v. Francis v. Bohart (KR.A.1916A, 922, Or. , 147 Pac. 755) v. McNeal (L.R.A.1915E, 706, 228 U. S. 695, 57 L. ed. 1029, 33 Sup. Ct. Rep. 701) Frank v. Board of Education (L.R.A.1917D, 206, N. J. L. , 100 Atl. 211) v. Carter (L.R.A.1917B, 1288, 219 N. Y. 35, 113 N. E. 549) v. State (L.R.A.1915D, 817, 142 Ga. 741, 83 S. E. 645) Frankel v. Norris (L.R.A.1917E, 272, 252 Pa.' 14, 97 Atl. 104) Frankfort M. A. & P. G. Ins. Co., Elliott v. Franklin v. Brown (L.R.A.1915C, 557, W. Va. , 81 S. E. 405) Franks v. Smith (L.R.A.1915A, 1141, 142 Ky. 232, 134 S. W. 484) Frasch v. New Ulm (L.R.A.1915E, 749, 130 Minn. 41, 153 N. W. 121) Fraser v. Chicago, R. I. & P. R. Co. (L.R.A. 1917F, 749, 101 Kan. 122, 165 Pac. 831) v. Fraser (L.R.A.1917F, 738, N. J. , 101 Atl. 58) Fraternal Bankers' Reserve Soc., Teeple v. Frear, State ex rel. Bolens v. Winding v. Frederick, Etchison v. Fredericks v. Chicago & N. W. R. Co. (L.R.A.1916F, 869, 96 Neb. 27, 146 N. W. 1011) Freebury, Robertson v. Freedman v. Bloomberg (L.R.A.1917C, 628, 225 Mass. 491, 114 N. E. 827) 472 TABLE OF CASES. Freeland Oil Co., Prichard v. Freeman v. Belfer (L.R.A.1917E, 886, N. C. , 92 S. E. 486) Bryant v. v. Poole (L.R.A.1917A, 63, 37 R. I. 489, 93 Atl. 786) v. State Bd. of Medical Examiners (L.R.A.1916D, 436, Okla. , 154 Pac. 56) Frega v. Philadelphia Rapid Transit Co. (L.R.A.1915A, 395, 245 Pa. 31, 91 Atl. 222) Freick, Hinkly v. French, Anderson v. Chandler v. v. McMillion (L.R.A.1917D, 228, W. Va. , 91 S. E. 538) v. State Farmers' Hail Ins. Co. (L.R.A. 1915D, 766, 29 N. D. 426, 151 N. W. 7) Watson v. Frew v. Secular (L.R.A.1917F, 1065, Neb. , 162 N. W. 496) Frey v. McGaw (L.R.A.1916D, 113, Md. , 95 Atl. 960) v. Stangl (L.R.A.1916D, 462, 148 Iowa, 522, 125 N. W. 868) Fridley v. Farmers' & Mechanics' Sav. Bank. See Price. Re. Friedberg v. McClary (L.R.A.1917C, 777, 173 Ky. 579. 191 S. W. 300) Friend, Chesapeake & 0. R. Co. v. v. Southern States Life Ins. Co. (L.R.A. 1917B, 208, Okla. , 160 Pac. 457) Fritz v. Kirschbraun & Sons. See Marshall & Co. v. Kirschbraun & Sons. Frogg v. Com. (L.R.A.1915D, 330, 163 Ky. 175. 173 S. W. 383) Frost v. Topeka (L.R.A.1917C, 429, 98 Kan. 636. 161 Pac. 936) Frost- Johnson Lumber Co., Farley v. Fruth v. Board of Affairs (L.R.A.1915C, 981, W. Va. , 84 S. E. 105) Fryar, Burroughs Adding Mach. Co. v. Frye, Carr v. Frye Institute, Gibson v. Fuel Co. v. Interstate Transfer R. Co. ( Wis. ). See Carnegie Fuel Co. v. Interstate Transfer R. Co. v. Lundy ( Tenn. ). See Clinch- field Fuel Co. v. Lundy. Fuel Gas Co. v. Williamson U74 Ky. 362). See United Fuel Gas Co. v. Wil- liamson. Fugatt, Kansas City, M. & 0. R. Co. v. Fulgham, Midland Valley R. Co. v. Fuller, Smith v. v. Wright (L.R.A.1917E, 1139, Ga. , 92 S. E. 873) Fuqua, Torian v. Furkovich v. Bingham Coal & Lumber Co. (L.R.A.1915B, 426, Utah , 143 Pac. 121) Furniture Co. v. Manufacturing Co. ( N. | C. ). See Hall Furniture Co. v. Crane Breed Mfg. Co. Fursman v. Chicago. See People ex rel. Fursman v. Chicago. Futoransky v. Pope (L.R.A.1916F, 548, Okla. , 157 Pac. 905) I Fylar, Sagal v. G. Gaar, Cropper v. Caddie, Louisville & N. R. Co. v. Gage v. Boston & M. R. Co. (L.R.A.1915A, 363, N. H. , 90 Atl. 855) Hall v. Gagnon v. Rhode Island Co. (L.R.A.1917E, 1047, R. I. , 101 Atl. 104) Gain v. South Penn Oil Co. (L.R.A.1916B, 1002, W. Va. , 86 S. E. 883) Gaines v. Charleston Light & Water Co. (L.R.A.1916E, 417, S. C. , 88 S. E. 378) v. New York (L.R.A.1917C, 203, 215 X. Y. 533, 109 N. E. f>!>4) Galbraith v. McDonald (L.R.A.1915A. 464, 123 Minn. 208, 143 N. W. 353) Gallagher, Mooy v. Galloway, Perkins v. Galpin v. Chicago (L.R.A.1917B, 176, 269 111. 27, 109 N. E. 713) Galvin, Chicago, R. I. & P. R. Co. v. Gamble v. Uncle Sam Oil Co. (L.R.A.1917D, 875, 100 Kan. 74, 163 Pac. 627) Gamble-Desmond Co., Mahoney v. Gannon, Kilgore v. Gans v. JEtna L. Ins. Co. (L.R.A.1915F, 703, 214 X. Y. 326, 108 N. E. 443) Garber-Buick Co., Reynolds v. Gard v. Mason (L.R.A.1916B, 1077, X. C. . 86 S. E. 302) Gardiner, Glantz v. v. Solomon (L.R.A.1917F, 380, Ala. , 75 So. 621) Gardner v. Postal Teleg.-Cable Co. (L.R.A. 1916E, 484, N. C. , 88 S. E. 630) Simmons v. State v. Garfield, Trefry v. Garland v. Carolina, C. & 0. R. Co. (L.R.A. 1917B, 706, N. C. , 90 S. E. 779) Garner, Cain v. Garrett v. Beers (L.R.A.1916F, 12S9, 97 Kan. 255, 155 Pac. 2) v. Southern R. Co. (L.R.A.iniTF, 885, 172 X. C. 737, 90 S. E. 903) State ex rel. Barnes v. Gas & Coke Co. v. Giebisch ( Or. ). See Portland Gas & Coke Co. v. Giebisch. Gas & E. Co. v. Black ( Ohio St. ). See Citizens' Gas & E. Co. v. Black. Gas Co. v. Public Utility Commission ( X. J. ). See Public Service Gas Co. v. Public Utility Commission. Gaskill v. Forest Home Cemetery Co. r2"'S 111. 36). See People ex rel. Gas- kill v. Forest Home Cemetery Co. Gaspard, Cleveland Metal Roofing & Ceiling Co. v. Gatcomb, Driscoll v. Gates, Aurora v. Gatlin, Milner v. Gavitt, Shea v. Gawley, Cissna Loan Co. v. Gay, Coffey v. Gaynor v. Standard Acci. Ins. Co. (L.R.A. 1916A, 363, 217 Mass. 86, 104 X. E. 339) TABLE OF CASES. 473 Gearing v. Berkson (L.R.A.1916D, 1006, 223 Mass. 257, 111 N. E. 785) Geer v. Sound Transfer Co. (L.R.A.1916B, 987, Wash. , 152 Pac. 691) Geiger, State ex rel. St. Joseph Water Co. v. Geiger-Jones Co., Hall v. Gelvin, Chicago, B. & Q. R. Co. v. Gemmill, Yoncalla State Bank v. General Acci. F. & L. Assur. Corp. v. Louisi- ana Home Teleph. Co. (L.R.A. 1917D, 952, 175 Ky. 96, 193 S. W. 1031) General Rubber Co. v. Benedict (L.R.A. 1915F, 617, 215 N. Y. 18, 109 N. E. 96) George, Tennessee C. I. & R. Co. v. v. Travis (L.R.A.1915E, 408, Mich. , 152 N. W. 207) Georgia & F. R. Co. v. Tapley (L.R.A.1916C, 1020, Ga. , 87 S. E. 473) Georgia Casualty Co. v. Bowron (L.R.A. 1916F, 876, 233 Fed. 89) Georgia L. Ins. Co. v. Easter (L.R.A.1915C, 456, Ala. , 66 So. 514) Georgia Public Service Corp., Union Dry Goods Co. v. Georgia Railway & P. Co., Rossman v. Georgia Southern & F. R. Co., Wright v. German Alliance Ins. Co. v. Lewis (L.R.A. 1915C, 1189, 233 U. S. 389, 58 L. ed. 1011, 34 Sup. Ct. Rep. 612) German Commercial Acci. Co., Gotfredson v. Germania F. Ins. Co., Grollimund v. Stephenson v. Geroski v. Allegheny County Light Co. (L.R.A.1915D, 560, 247 Pa. 304, 93 Atl. 338) Gevurtz, Wilson v. Ghromley, Modern Woodmen of America v. Giacomini, Colorado Mortg. & Invest. Co. v. Giblin, Nesbit v. Gibson, Carterville v. v. Frye Institute (L.R.A.1917D, 1062, Tenn. , 193 S. W. 1059) v. Western & Southern L. Ins. Co. (L.R.A.1915D, 697, 161 Ky. 810, 171 S. W. 390) Giebisch, Portland Gas & Coke Co. v. Girnn v. Ancient Order of United Workmen (L.R.A.1916D, 1168, Xeb. , 157 N. W. 113) Gilbert v. Citizens' National Bank (L.R.A. 1917A, 740, Okla. , 160 Pac. 635) Gile v. Interstate Motor Car Co. (L.R.A. 1915B, 109, 27 N. D. 108, 145 N. W. 732) Gilkerson v. Atlantic C. L. R. Co. (L.R.A. 1915C, 664, S. C. , 83 S. E. 592) Gilleland, Board of Education v. Gillen v. Ocean Acci. & G. Corp. (L.R.A. 1916A, 371, 215 Mass. 96, 102 N. E. 346) Gillespie, Miller v. Gillette, Chitty v. Gillis, Re (49 Mont. 454). See McDonald, Ex parte. Phillips v. Gilman v. Commonwealth Ins. Co. (L.R.A. 1915C, 758, 112 Me. 528, 92 Atl. 721) v. Gilman (L.R.A.1916B, 907, N. H. , 95 Atl. 657) Gilpin v. Columbia Nat. Bank (L.R.A. 1917F, 864, 220 N. Y. 406, 115 N. E. 982) Girard Fire & M. Ins. Co., Wiig v. Gish Bkg. Co. v. Leachman (L.R.A.1915D, 920, Ky. , 174 S. W. 492) Gladding, Bullowa v. Glanton, United States Nat. Bank v. Glantz v. Gardiner (L.R.A.1917F, 226, R. I. , 100 Atl. 913) Glastonbury Knitting Co., Mann v. Gleichmann, Security Trust & Sav. Bank v. Glenn, Re (L.R.A.1916D, 1190, S. C. , 88 S. E. 294) Glens Falls Ins. Co., Hudson v. Glenwood Light & Water Co., Glenwood Springs v. Glenwood Springs v. Glenwood Light & Water Co. (L.R.A.1915C, 438, 121 C. C. A. 88, 202 Fed. 678. Glidden v. Goodfellow (L.R.A.1916F, 1073, 124 Minn. 101, 144 N. W. 428) v. Second Ave. Invest. Co. (L.R.A. 1915C, 190, 125 Minn. 471, 147 N. W. 658) Globe Casket & Undertaking Co., State ex rel. Fishback v. Glover v. Southern R. Co. See Woodward v. Southern R. Co. Goddard, Spickermon v. Godley v. Crandall & Godley Co. (L.R.A. 1915D, 632, 212 N. Y. 121, 105 N. E. 818) v.Weisman (L.R.A.1917A, 333, Minn. , 157 N. W. 711) Goehring, Rott v. Goff, Colvin v. Goins v. State (L.R.A.1915D, 241, Ohio St. , 107 N. E. 335) Goldberg & Lewis, Ex parte (L.R.A.1915F, 1157, Ala. , 67 So. 839) Golden Eagle Min. Co. v. Imperator-Quilp Co. (L.R.A.1917C, 113, Wash. , 161 Pac. 848) Goldsboro Twp., Price v. Gonzalez y Gonzalez Arzuaga e Izaguirre v. Gooch v. Gooch (L.R.A.1917C, 582, Iowa, , 160 N. W. 333) Goode, St. Louis & S. F. R. Co. v. Goodfellow, Glidden v. Goodin v. Dixie Portland Cement Co. (L.R.A.1917F, 308, W. Va. , 90 S. E. 544) Gooding v. Ott (L.R.A.1916D, 637, W. Va. , 87 S. E. 862) Goodwin, Clark v. Lynn v. Gordon v. Business Men's Racing Asso. (L.R.A. 1917F, 700, La. , 75 So. 735) v. Gordon (L.R.A.1916D, 576, 168 Ky. 409. 182 S. W. 220) Marshall v. Gore, Baer v. Goset v. Goset (L.R.A.1916C, 707, 112 Ark. 47, 164 S. W. 759) Gosnell, Charleston & W. C. R. Co. v. 474 TABLE OF CASES. Gosney v. Louisville & N. R. Co. (L.R.A. 1916E, 458, 169 Ky. 323, 183 S. W. 538) Gotfredson v. German Commercial Acci. Co. (L.R.A.1915D, 312, C. C. A. , 218 Fed. 582) Gould v. Maine Farmers' Mut. F. Ins. Co. (L.R.A.1917A, 604, 114 Me. 416, 96 Atl. 732) Gounagias, State v. Grace, Union P. R. Co. v. Grace & Co. Rainey v. Graff v. Probate Ct. See State ex rel. Graff v. Probate Ct. Grafiam v. Saco Grange, Patrons of Hus- bandry, No. 53 (L.R.A.1915C, 632, 112 >if. f>-, 173 S. W. 842) v. Young (L.R.A.1915D, 935, 136 La. 674, 67 So. 547) Kennerson v. Thames Towboat Co. (L.K.A. 1916A, 436, 89 Conn. 367, 94 &\. 372) Kenney, Carol v. Kenny, Loyal Order of Moose v. Kentland Coal & Coke Co. v. Keen (L.R.A. 1916D, 924, 168 Ky. 836, 183 S. W. 247) Kentucky, Adams Exp. Co. v. Provident Sav. L. Assur. Soc. v. Kentucky & Indiana Terminal R. Co., Coon v. Kentucky Heating Co., McWilliams v. Kentucky Highlands R. Co. v. Creal (L.R.A. 1916B, 830, Ky. , 179 S. W. 417) Kentucky State Journal Co. v. Workmen's Compensation Bd. (L.R.A.l'.ntJA, 389. 161 Ky. 562, 170 S. W. 1166) Kentucky Title Sav! Bank & T. Co., Hamil- ton v. Kentucky Traction & T. Co. v. Bain (L.R.A. 1917D, 813, 174 Ky. 679, 192 S. W. 656) Kerby v. Charlestown (L.R.A.1917D, 785, X. H. , 99 Atl. 835) v. State. See Kerby v. Charlestown. Kern v. Emerson. See State ex rel. Kern v. Emerson. Kerwin v. Chippewa Shoe Mfg. Co. (L.R.A. 1916E, 1188, 163 Wis. 428, 157 X. W. 1101) Kessler, Re (L.R.A.1915D, 322, 26 Idaho, 764. 146 Pac. 113) Ketler v. Murrey (L.R.A.1916D, 1009, Wash. , 154 Pac. 1084) Key v. State (L.R.A.1916E. 492, 71 Tex. Crim. Rep. 642. 161 S. W. 121) Keyser, Big Four Implement Co. v. v. Boise (L.R.A.1917F, 1004, Idaho, . 165 Pac. 1121) Keystone Coal & C. Co., Swope v. Keystone Drilling Co., Moore v. Kibbey, State v. TABLE OF CASES. 485 Kiefner, Anthony v. Kilday v. Schancupp (L.R.A.1917A, 151, Conn. ^, 98 Atl. 335) Kiler v. Wohletz (L.R.A.1915B, 11, 79 Kan. 716, 101 Pac. 474) Kilgore v. Gannon (L.R.A.1917E, 530, Jnd. , 114 N. E. 446) Kill v. Industrial Com. (L.R.A.1916A, 14, 160 Wis. 549, 152 N. W. 148) Killefer, Weeghman v. Kimball v. Hall (L.R.A.1916E, 632, 87 Conn. 563, 89 Atl. 166) Kimball Co. v. Shawnee County (L.R.A. 1917B, 1282, Kan. , 161 Pac. 644) Kimberlite D. M. & W. Co. v. Hodges (114 Ark. 155). See State ex rel. Kim- berlite D. M. & W. Co. v. Hodges. Kimbol v. Industrial Acci. Commission (L.R.A.1917B, 595, Cal. , 160 Pac. 150) King v. Durkee-Atwood Co. (L.R.A.1915A, 235, 126 Minn. 453, 148 N. W. 297) Lemmon v. v. Mendota Coal Co. (L.R.A.1916F, 1220, 163 Iowa, 181, 143 N. W. 539) Montgomery Light & Traction Co. v. Palmer v. King County y. Annand (L.R.A.1917C, 1184, Wash. , 162 Pac. 27) King-Richardson Co., Ely v. Manville v. Trosper v. Kingsbury, Com. v. Kinley, Amberg v. Kinnane v. State (L.R.A.1915F, 1149, Tenn. , 178 S. W. 439) Kinne, Forsythe v. Kinney, Pittsburgh, C. C. & St. L. R. Co. v. Kinsman v. Stanhope (L.R.A.1916C, 443, 50 Mont. 41, 144 Pac. 1083) Kinston, Conway v. Kirby v. Union Pacific R. Co. (L.R.A.1916E, 528, 94 Kan. 485, 146 Pac. 1183) Kirschbraun & Sons, Brown v. Fritz v. Marshall & Co. v. Kirschler v. Wainwright (L.R.A.1917E, 393, 255 Pa. 525, 100 Atl. 484) Kitchen, Allen v. v. Long (L.R.A.1917C, 617, 67 Fla. 72, 64 So. 429) Kitchens, Columbus R. Co. v. Kitto v. State (L.R.A.1915F, 587, Xeb. , 152 N. W. 380) Klawinski v. Lake Shore & M. S. R. Co. (L.R.A.1916A, 342, Mich. , 152 N. W. 213. Klein, Advance Thresher Co. v. v. Knights & Ladies of Security (L.R.A.1916B, 816, Wash. , 151 Pac. 241) v. Maravelas (L.R.A.1917E, 549, 219 N. Y. 383, 114 N. E. 809) Klette, Rice v. Klopp, Walker v. Klutts v. Jones (L.R.A.1917A, 291, 21 N. M. 720, 158 Pac. 490) Knaffl v. Knoxville Bkg. & T. Co. (L.R.A. 1915D, 402, 130 Tenn. 336, 170 S. W. 476) Knapp y State ex rel. Brewster v. Knauth, Sullivan v. Knewing, Boas v. Knickerbocker Trust Co., Havana C. R. Co. v. Knight, Rieger & Co. v. State ex rel. Bickett v. v. State ex rel. Henry (L.R.A.1916F, 361, 35 Okla. 375, 130 Pac. 282) Knights & Ladies of Honor, Apitz v. Knights & Ladies of Security, Coe v. Hartman v. Klein v. Ledy v. O'Connor v. Knights of Maccabees, Thomas v. Knights of Pythias v. Mims (L.R.A1916F, 919, 241 U. S. 574, 60 L. ed. 1179, 36 Sup. Ct. Rep. 702) Neuman v. Knipp v. Bagby (L.R.A.1915F, 1072, Md. , 95 Atl. 60) Knock v. Tonopah & G. R. Co. (L.R.A.1915F, 3, Nev. , 145 Pac. 939) Knoll v. Commercial T. Co. (L.R.A.191GA, 683, 249 Pa. 197, 94 Atl. 750) Knox Terpezone Co., Travis v. Knoxville v. Park City (L.R.A.1915D, 1103, 130 Tenn. 626, 172 S. W. 286) Knoxville R. & Light Co. v. Vangilder (L.R.A.1916A, 1111, 132 Tenn. 487, 178 S. W. 1117) Koehler Sporting Goods Co., Jacobs v. Koeln, St. Louis Lodge No. 9 v. Koenigstein v. Order of the Herman Sons (L.R.A.1917F, 398, Neb. , 163 N. W. 758) Kohler, Ross v. Koloen v. Pilot Mound Twp. (L.R.A.1917A, 350. 33 N. D. 529, 157 N. W. 672) Komfort, Schieffelin v. Koontz v. Baltimore & 0. R. Co. (L.R.A. . 1915D, 838, 220 Mass. 285, 107 N. E. 973) Kopmeier, Timme v. Korab, State v. v. State (L.R.A.1915B, 83, 93 Neb. 66, 139 N. W. 717) Korrer, State v. Kouns, Spaeth v. Koyer, Willmon v. Kraft, Louisville & I. R. Co. v. Neubrand v. Krepps, Wood v. Krienbuhl, Re (L.R.A.1916E, 1130, Wash. , 157 Pac. 690) Kroger, Sleichter v. Kroop, St. Nicholas Church v. Krug, Tyre v. Kruse v. Pillsbury (L.R.A.1917E, 645, Cal. , 162 Pac. 891) Krutlies v. Bulls Head Coal Co. (L.R.A. 1915F, 1082, 249 Pa. 162, 94 Atl. 459) Kulesh, Snyder v. Kunze v. Detroit Shade Tree Co. (L.R.A. 1017A, 252, Mich. , 158 N. W. 851) Kurtz Co., Haskell v. Kusnitt, School Sisters of Notre Dame v. Kussel, American Music Stores v. 486 TABLE OF CASES. Kyle v. Boston Elev. R. Co. (L.R.A.1917F, 164, 215 Mass. 260, 102 N. E. 310) Laboon, State v. La Breck v. Hoquiam (L.R.A.1917F, 297, 95 Wash. 463, 164 Pac. 67) Lacey v. Lemmons (L.R.A.1917A, 1185, N. M. , 159 Pac. 949) Phelan v. Lachtman v. Houghton. See State ex rel. Lachtman v. Houghton. Lackc- v. Strauss (L.R.A.1917F, 434, 226 Mass. 579, 116 N. E. 236) La Coste, Scanlan v. Ladd, State Nat. Bank v. Ladrigan, Lester v. La Fountain & W. Co. v. Brown (L.R.A. 1917F, 551, Vt. , 101 Atl. 36) La Framboise v. Day (L.R.A.1917D, 571, - Minn. ^-\ 161 N. W. 529) Lahti v. Tamarack Mining Co. (L.R.A. 1916D, 405, 186 Mich. 18, 152 N. W. 907) Laighton v. Brookline Trust Co. (L.R.A. 1917C, 129, 225 Mass. 458, 114 N. E. 671) Li.ird v. Sims (L.R.A.1915F, 519, 16 Ariz. 521, 147 Pac. 738) Lake Shore & M. S. R. Co., Elawinski v. Lake Torpedo Boat Co., State ex rel. Eliot & Co. v. Lally, Louisville Water Co. v. Lamb v. Roberts (L.R.A.1916F, 1018, Ala, , 72 So. 309. Lamb Davis Lumber Co. v. Stowewell (L.R.A.1917E, 966, Wash. , 164 Pac. 593) Lambert v. Philips. See Hardy, Re. Russell v. Lambrecht v. Schreyer (L.R.A.1915E, 812, 129 Minn. 271, 152 X. W. 645) Lamont v. Stavanaugh (L.R.A.1915E. 460, 129 Minn. 321, 152 X. W. 720) Lamoreaux v. Andersen ( L.R.A. 1915D, 204, 128 Minn. 261, 150 N. W./308) Land v. State (L.R.A.1916E, 760. Fla. , 71 So. 279) Teat v. Land & Iron Co. v. Com. (148 Ky. 331). See Hillman Land & Iron Co. v. Com. Land & Live Stock Co. v. Trading Co. (87 Kan. 221). See Holden Land & Live Stock Co. v. Interstate Trad- ing Co. Land & Mfg. Co. v. Beyer ( Wis. ). See People's Land & Mfg. Co. v. Beyer. Land Co. v. Cazeaux (136 La. 724). See Queensborough Land Co. v. Caze- aux. v. Howard ( Cal. ). See Mineral Park Land Co. v. Howard. v. Invest. Co. ( Wash. ). See Ma- honey Land Co. v. Cayuga Invest. Co. Lane v. District Court (51 Mont. 503). See State ex rel. Lane v. District Court. Thomas v. Lane v. United States Electric Light & W. Co. (L.R.A.1916C, 808, 90 Conn. 35, 96 Atl. 155) Lang, Humphrey v. Langley, Mitchell v. Lankford v. Schroeder (L.R.A.1915F, 623, Okla. , 147 Pac. 1049) Lanng v. Long. See State ex rel. Lanng v. Long. Lansing, Ferle v. Haller v. La Porta v. Leonard (L.R.A.1916E, 779, N. J. , 97 Atl. 251) Larey, Firemen's Ins. Co. v. Larke v. Hancock Mut. L. Ins. Co. (L.R.A. 1916E, 584, 90 Conn. 303, 97 Atl. 320) Larkin, Stewart v. Larrabee v. Title Guaranty & S. Co. (L.R.A. 1916F, 709, 250 PA. 135, 95 Atl. 416) Larsen, Loose v. Larson v. Alaska S. S. Co. (L.R.A.1917F, 671, Wash. , 165 Pac. 880) Cortland v. v. Feeney (L.R.A.1917D, 694, Mich. , 162 X. W. 275) v. Slette (L.R.A.1915A, 898, 125 Minn. 267. 146 X. W. 1094. Lasecki, State v. Laskau, Coffin v. Umbrogia v. Latham, State v. v. United States (L.R.A.1916D, 1118, 141 C. C. A. 250, 226 Fed. 420) Lathrop, Colonial Refining Co. v. v. Hauptly. See State ex rel. Lathrop v. Hauptly. Latrobe v. Soulsby. See American Coloniza- tion Soc. v. Soulsby. La t tanner v. Hills ( OlTio St. ). See State ex rel. Lattanner v. Hills. Laue v. Grand Fraternity (L.R.A.1915F, 1056, Tenn. , 177 S. W. 941) Laurel Bottling Works, Wheeler v. Laurel Coal & Land Co., Jarrell v. Lauritson, Holbart v. La Veck v. Parke, Davis & Co. (L.R.A. 1916D, 1277, Mich. , lf>7 X. W. 72) Lavery v. Mid-Continent Oil Development Co. (L.R.A.1917D, 231, Okla. , 162 Pac. 737) Law v. Illinois C. R. Co. (L.R.A.1915C, 17, 126 C. C. A. 27, 208 Fed. 869) Lawrence, Bolster v. Prussian Nat. Ins. Co. v. Watson v. Laws, Bennett v. Lawson v. Com. (L.R.A.1915D, 972, 160 Ky. 180, 169 S. W. 587) Louisville & N. R. Co. v. Law Union & Rock Ins. Co., Mangrum v. Lay, People v. Laying out of Highway by Selectmen of Peru, Re (L.R.A.1917E, 559, Vt. , 100 Atl. 679) Laying out of Highway by Selectmen of Winhall, Re. See Laying out of Highway by Selectmen of Peru, Re. Leachman, Gish Bkg. Co. v. TABLE OF CASES. 48? Leader Co., Little Rock R. & E. Co. v. Leahy v. Cheney (L.R.A.1917D, 809, 90 Conn. 611, 98 Atl. 132) Leary, Rockland-Rockport Lime Co. v. Leavea v. Southern R. Co. (L.R.A.1916D, 810, 266 Mo. 151, 181 S. W. 7) Leavenworth County, Douglas County v. Lebanon, Scriven v. Le Beau v. Minneapolis, St. P. & S. Ste. M. R. Co. (L.R.A.1917A, 1017, Wis. , 159 N. W. 577) Negaunee Nat. Bank v. Le Blanc, Re (L.R.A.1917F, 1137, La. , 76 So. 223) Ledy v. Knights & Ladies of Security (L.R.A.1915D, 1095, 129 Minn. 137, 151 N. W. 905) Lee, Arkansas Natural Gas Co. v. McDonald v. v. McMorries (L.R.A.1915B, 1069, Miss. , 66 So. 278) . v. State (L.R.A.1916B, 963, 132 Tenn. 655, 179 S. W. 145) Leeds, McCarthy v. Leedy, Kansas City L. Ins. Co. v. Lee Line Steamers v. Robinson (L.R.A. 1916C, 358, 134 C. C. A. 287, 218 Fed. 559) Lefker v. Harner (L.R.A.1916F, 281, 123 Ark. 575, 186 S. W. 75) Legendre, State v. Lehigh Valley R. Co., Dorr v. Raub v. Lehmann v. People's Furniture Co. (L.R.A. 1915D, 355, 42 Okla. 761, 142 Pac. 986) Leighton v. Wheeler (L.R.A.1916F, 561, 106 Me. 450, 76 Atl. 916) Leisenring, Re (L.R.A.1916F, 798, 237 Pa. 60, 85 Atl. 80) Leishman, Raymond v. Lemmon v. King (L.R.A.1915E, 882, 95 Kan. 524, 148 Pac. 750) Lemmons, Lacey v. Lenderink v. Sawyer (L.R.A.1915D, 948, 92 Xeb. 587, 138, N. W. 744) Lenihan v. Commonwealth (L.R.A. 1917B, 1132, 165 Ky. 93, 176 S. W. 948) Lens, Riggle v. Lentz, Gray v. Leonard v. Home Builders (L.R.A.1917C, 322, Cal. , 161 Pac. 1151) La Porta v. v. Vaughan (L.R.A.1915E, 714, Va. , 85 S. E. 471) Leoti, Malchow v. Le Ray Paper Co., Radley v. Lesh v. Illinois Steel Co. (L.R.A.1916E, 105, 163 Wis. 124, 157 N. W. 539) Lester, Bixby v. v. Ladrigan (L.R.A.1916F, 939, Conn. , 98 Atl. 124) State v. Levenson, Ashinsky v. Le Vette v. Hardman Estate (L.R.A.1917B, 22-7. 77 Wash. 320, 137 Pac. 454) Levine v. McClenathan (L.R.A.1917B, 235, 246 Pa. 374, 92 Atl. 317) Levy v. Nevada-California-Oregon R. Co. (L.R.A.1917B, 564, 81 Or. 673. 160 Pac. 808) Lewinn v. Murphy (L.R.A.1917E, 198, 63 Wash. 356, 115 Pac. 740) Lewis v. France (L.R.A.1917F, 860, Minn. , 163 N. W. 656) German Alliance Ins. Co. v. v. Johnson (L.R.A.1915D, 150, 123 Minn. 409, 143 N. W. 1127) v. Lewis (L.R.A.1915D, 719, 220 Mass. 364, 107 N. E. 970) v. Pingree Nat. Bank (L.R.A.1916C, 1260, Utah, . 151 Pac. 558) Lewis and Clark County, Re (L.R.A.1916D, 628, Mont. , 155 Pac. 268) Lewisburg & N. R. Co. v. Hinds (L.R.A. 1916E, 420, 134 Tenn. 293, 183 S. W. 985) Tillr..an v. Lewiston, A. & W. Street R. Co., Elie v. Lexington Mill & Elevator Co., United States v. Leyden, Societa Unione Fratellanza Itali- ana v. Leyland & Co., Hanlon v. Lhpta v. Oppenheimer (L.R.A.1915E, 1102, 247 Pa. 280, 93 Atl. 476) Libby, Holbrook v. Liberty Trust Co. v. Tilton (L.R.A.1915B, 144, 217 Mass. 402, 105 N. E. 605) Lien Co. v. Schultze (213 N. Y. 9). See Tax Lien Co. v. Schultze. Life Assur. Soc. v. Railroad Co. (212 N. Y. 360). See Equitable L. Assur. Soc. v. Union Pacific R. Co. Ligett, Bolen v. Liggett & Myers Tobacco Co. v. Cannon (L.R.A.1916A, 940, 132 Tenn. 419, 178 S. W. 1009) Liggett Co. v. Wilson (L.R.A.1917A, 205. 224 Mass. 456, 113 N. E. 184) Light & Traction Co. v. King (187 Ab 619). See Montgomery Light & Traction Co. v. King. Lilienthal, McDongald v. ' Lillard, Render v. Lillie, Dow v. Lillienkamp v. Rippetoe (L.R.A.1916B, 881, - Tenn. , 179 S. W. 628) Lilligren v. Burns International Detective Agency (L.R.A.1917B, 679, Minn. , 160 N. W. 203) Lilly, Bonnycastle v. Limbach v. Bolin (L.R.A.1916D, 1059, Ky. , 183 S. W. 495) Lime Co. v. Leary (203 N. Y. 469). See Rockland-Rockport Lime Co. v. Leary. Lincoln, Sinclair v. Lincoln Safe Deposit Co. v. New York (L.R.A.1915F, 1009, 210 N. Y. 34, 103 X. E. 768) Linde v. Packard ( X. D. ). See State ex rel. Linde v. Packard. Lindsley v. Patterson (L.R.A.1915F, 680, - Mo. , 177 S. W. 826) Lindstrom v. Mutual Steamship Co. (L.R.A. 1916D, 935, Minn. , 156 X. W. 669) Linnane v. JEtna Brewing Co. (L.R.A.1917D, 77, 91 Conn. 158, 99 Atl. 507) Lipkin, State v. 488 TABLE OF CASES. Lipps v. Milwaukee Electric Railway & L. Co. (L.R.A.1917B, 334, Wis. , 159 N. W. 916) Lisle v. Anderson (L.R.A.1917A, 128, Okla. , 159 Pac. 278) Litchfield v. Henson Oil Co. (L.R.A.1917A, 54, Okla. , 157 Pac. 137) Lithographing Co. v. Grocery Co. (144 Ga. 514). See Edwards & Deutsch Lithographing Co. v. Vidalia Gro- cery Co. Little, Security Mut. L. Ins. Co. v. Little Rock Chamber of Commerce, Gregg v. Little Rock R. & E. Co. v. Leader Co. (L.R.A.1917C, 374, 125 Ark. 418, 188 S. W. 1182) Litz v. Rowe (L.R.A.1916B, 799, Va. , 86 S. E. 155) Lively, Guaranty State Bank & T. Co. v. Livengood v. Ball (L.R.A.1917C, 905, Okla. 162 Pac. 768) Livermore Falls Water Dist., Woodard v. Liverpool & L. & G. Ins. Co. v. Board of Assessors (L.R.A.1915C, 903, 221 U. S. 346, 55 L. ed. 762, 31 Sup. Ct. Rep. 550) Livery Co. v. Kane ( Va. ). See Dixon Livery Co. v. Kane. Livingston, Livingston Waterworks v. Livingston Waterworks v. Livingston (L.R.A.1917D, 1074, Mont. , 162 Pac. 381) Loan & Trust Co. v. Jester (180 Ind. 357). See Tippecanoe Loan & Trust Co. v. Jester. v. Planck ( Neb. ). See Farmers' Loan & T. Co. v. Planck. v. Probate Ct. of Hennepin County (129 Minn. 442). See State ex rel. Minnesota Loan & T. Co. v. Pro- bate Ct. of Hennepin County. Loan Co. v. Gawley ( Wash. ). See Cissna Loan Co. v. Gawley. Lobato, Territory v. Lobsitz, Cummings v. Loch, Carver-Shadbolt Co. v. Locke v. Murdoch (L.R.A.1917B, 267, 20 N. M. 522, 151 Pac. 298) Lockwood v. United States Steel Corp. (L.R.A.1915C, 471, 209 N. Y. 375, 103 N. E. 697) Locomotive Co. v. Wholesale Grocery Co. ( Mass. ). See American Loco- motive Co. v. National Wholesale Grocery Co. Loeffler v. Sheppard & Enoch Pratt Hospital (L.R.A.1917D, 967, Md. , 100 Atl. 301) Loewe v. Savings Bank (L.R.A.1917B, 938, 236 Fed. 444) Loftus, Douglass v. Logan, Bannon v. v. Empire Dist. Electric Co. (L.R.A. 1917E, 258, 99 Kan. 381, 161 Pac. 659) Loganville Bkg. Co. v. Forrester (L.R.A. 1915D, 1195, Ga. , 84 S. E. 961) Logging Co. v. Casualty Co. ( Wash. -r-). See May Creek Logging Co. v. Pacific Coast Casualty Co. Logue, First Nat. Bank v. Lonergan, Mackey v. Long, Bailey v. Kitchen v. v. Long (L.R.A.1917C, . 159, Minn. , 160 N. W. 687) v. Pacific R. & Nav. Co. (L.R.A.1915F, 1151, Or. , 144 Pac. 462) State ex rel. Lanng v. Long Beach, Chaf or v. Loon, State v. Loose v. Larsen (L.R.A.1917B, 1166, Nev. , 161 Pac. 514) Lord v. Denver (L.R.A.1915B, 306, Colo. , 143 Pac. 284) Lorenzino v. Board of County Comrs. See State ex rel. Lorenzino v. Board of County Comrs. Los Angeles Gas & Electric Corp., Pinney & Boyle Co. v. Louden v. Cincinnati (L.R.A.1915E, 356, - Ohio St. , 106 N. E. 970) Louisiana & N. W. R. Co. v. Athens Lum- ber Co. (L.R.A.1915B, 856, 134 La. 788, 64 So. 714) Louisiana Home Teleph. Co., General Acci. F. & L. Assur. Corp. v. Louisiana R. & Nav. Co., Barber v. Basey v. v. Baton Rouge Brickyard (L.R.A. 1917A, 402, 136 La. 833, 67 So. 922) Louisiana State Bd. of Agri. & Immig. v. Tanzmann (L.R.A.1917C, 894, - La. , 73 So. 854) Louisiana W. R. Co., Barnett v. Flash v. v. Hehemann (L.R.A.1915C, 747, 161 Ky. 523, 171 S. W. 165) Inter-Southern L. Ins. Co. v. Louisville & I. R. Co. v. Kraft (L.R.A.1916E, 263, 156 Ky. 66, 160 S. W. 803) Louisville & N. R. Co. v. Allen (L.R.A.1915C, 20, Fla. , 65 So. 8) v. Ashley (L.R.A.1916E, 763, 169 Ky. 330, 183 S. W. 921) v. Comley (L.R.A.1917C, 978, 173 Ky. 469, 191 S. W. 96) v. Common ,/ealth (L.R.A.1917B, 544, 171 Ky. 355, 188 S. W. 394) v. Cooper "(L.R.A.1915E. 336, 164 Ky. 489, 175 S. W. 1034) v. Dougherty (L.R.A.1916E, 4G4, Ky. , 185 S. W. 114) v. Caddie (L.R.A.1915D, 705, 102 Ky. 205, 172 S. W. 514) Gosney v. v. Johnson (L.R.A.1916D, 514, 168 Ky. 351, 182 S. W. 214) v. Lawson (L.R.A.1917B, 1161, 161 Ky. S9, 170 S. W. 198) v. Marlin (L.R.A.1917A, 417, 135 Tenn. 435, 186 S. W. 595) v. Maxwell (L.R.A.1915E. CO.',. -2:17 O. S. 94, 59 L. ed. 853, P.U.R.1915C, 300, 35 Sup. Ct. Rep. 494) Railroad Commission v. v. Russellville Home Teleph. Co. (L.R.A.1915E, 138, 163 Ky. 415, 173 S. W. 1105) Smith v. Todd v. v. Williams (L.R.A.1915E, 613, 165 Ky. 386, 176 S. W. 1186) TABLE OF CASES. 489 Louisville R. Co., Chreste v. v. Dott (L.R.A.1915C, 681, 161 Ky. 759, 171 S. W. 438) Louisville Trust Co. v. Snively (L.R.A. 1915D, 153, 162 Ky. 461, 172 S. W. 911) Louisville Water Co. v. Lally (L.R.A.1916D, 300, 168 Ky. 348, 182 S. W. 186) Lounsberry, Armstead v. Lovato v. Catron (L.R.A.1915E, 451, N. M. , 148 Pac. 490) Love, Re (L.R.A.1915E, 109, 42 Okla. 478, 142 Pac. 305) v. Love. See Love, Re. v. Smith. See State ex rel. Love v. Smith. Lovejoy v. Denver & R. G. R. Co. (L.R.A. 1915E, 888, Colo. , 146 Pac. 263) Loveland, Mazey v. Lovella Ditch Reservoir & I. Co., Grover Irrig. & Land Co. v. Low v. R. P. K. Pressed Metal Co. (L.R.A. 1917D, 291, 91 Conn. 91, 99 Atl. 1) Lowe, Ritter Lumber Co. v. Sofge v. v. Southern R. Co. See Woodward v. Southern R. Co. Lowenfeld, Halsey v. Lowman & Co. v. Ballard (L.R.A.1915D, 427, 168 N. C. 16, 84 S. E. 21) Lowrance v. Eller (L.R.A.1916E, 696, 169 N. C. 211, 85 S. E. 291) Loyal Order of Moose v. Kenny (L.R.A. 1917C, 469, Ala. , 73 So. 519) Lucid v. du Pont de Nemours Powder Co. (L.R.A.1917E, 182, 118 C. C. A. 61, 199 Fed. 377) Luden v. Enterprise Lumber Co. (L.R.A. 1917C, 485, Ga. , 91 S. E. 102) Ludke v. Burck (L.R.A.1915D, .968, 160 Wis. 440, 152 N. W. 190) Lufkin v. Harvey (L.R.A.1916B, 1111, Minn. , 154 N. W. 1097) Luiz, Diepenbrock v. Luke, Boston Safe Deposit & T. Co. v. Lukens, Pueblo v. Lumber Co. v. Boyd ( Va. ) . See Ritter Lumber Co. v. Boyd. v. Industrial Com. (154 Wis. 114). See Mellen Lumber Co. v. Industrial Com. v. Johnson (29 N. D. 113). See Moreau Lumber Co. v. Johnson, v. Lowe (75 W. Va. 714). See Ritter Lumber Co. v. Lowe. v. Morawetz (127 Minn. 277). See Thompson-McDonald Lumber Co. v. Morawetz. v. Norton ( Miss. ). See Crenshaw- Gary Lumber Co. v. Norton, v. Railway Co. (92 Ohio St. 206). See Doppes Sons Lumber Co. v. Cin- cinnati, N. 0. & T. P. R. Co. v. Raymond Light & W. Co. (92 Wash. 330). See Raymond Lumber Co. v. Raymond Light & W. Co. v. Stowell ( Wash. ). See Lamb Davis Lumber Co. v. Stowell. Lumber Co. v. Thompson ( C. C. A. ) . See Caaur d'Alene Lumber Co. v. Thompson. v. Wells ( La. ). See Victoria Lumber Co. v. Wells. Lumber Dealers Asso. v. United States (234 U. S. 600). See Eastern States Retail Lumber Dealers' Asso. v. United States. Lummus v. Firemen's Fund Ins. Co. (L.R.A. 1915D, 239, 167 N. C. 654, 83 S. E. Lundy, Clinchfield Fuel Co. v. L 'Union Lafayette, Maheu v. Lusk v. Eddington (L.R.A.1917A, 536, Okla. , 159 Pac. 491) Sheat v. Lusky v. Keiser (L.R.A.1915C, 400, 128 Tenn. 705, 164 S. W. 777) Luthey v. Joyce (L.R.A.1916E, Minn. , 157 N. W. 708) Lutz, Heller v. Lyman v. Lyman (L.R.A.1916E, 643, 90 Conn. 399, 97 Atl. 312) Lynch v. Boston & M. R. Co. (L.R.A.1917E, 819, 226 Mass. 522, 116 N. E: 248) v. Brennan (L.R.A.1916E, 269, 131 Minn. 136, 154 N. W. 795) v. Davis (L.R.A.1917F, 566, W. Va. , 92 S. E. 427) v. Ninemire Packing Co. (L.R.A.1917E, 178, 63 Wash. 423, 115 Pac. 838) State ex rel. Hammond v. Lynn v. Goodwin (L.R.A.1915E, 588, Cal. , 148 Pac. 927) v. Seby (L.R.A.1916E, 788, 29 N. D. 420, 151 N. W. 31) Lyon v. Baldwin (L.R.A.1917C, 148, Mich. , 160 N. W. 428) v. Rhode Island Co. (L.R.A.1916A, 983, R. I. , 94 Atl. 893) Lyons v. Walsh (L.R.A.1917F/680, Conn. , 101 Atl. 488) M. Mabee, McDonald v. McAdow v. Kansas City W. R. Co. (L.R.A. 1917B, 1158, 96 Kan. 423, 151 Pac. 1113) v. Kansas City W. R. Co. (L.R.A.1917E, 539, 100 Kan. 309, 164 Pac. 177) McAfee v. Commonwealth (L.R.A.1917C, 377, 173 Ky. 83, 190 S. W. 671) McAllister, Re (L.R.A.1917C, 504, Minn. , 160 N. W. 1016) Mechling v. McArdle, Ruppert v. Macario v. Alaska Gastineau Min. Co. (L.R.A.1917E, 1152, Wash. , 165 Pac. 73) McBride v. United States. See Eastern States Retail Lumber Dealers* Asso. v. United States. McCafferty, State ex rel. West v. McCamant v. Olcott (L.R.A.1916E, 706, Or. , 156 Pac. 1034) McCarthy v. Bangor & A. R. Co. (L.R.A. 1915B, 140, 112 Me. 1, 90 Atl. 490) v. Leeds (L.R.A.1916E, 1212, - - Me. , 98 Atl. 72) 490 TABLE OF CASES. McCartney v. Badovinac (L.R.A.1917A, 1146, Colo. , 160 Pac. 190) McCaw, Toon v. McClary, Friedberg v. McClenathan, Levine v. McClendon v. Hot Springs (L/R.A.1917F, 535, Ark. , 195 S. W. 686) McClintic, People v. McCloud, Corduan v. McCook Irrig. & Water Power Co. v. Burt- less (L.R.A.1915D, 1205, Neb. , P.U.R.1915C, 587, 152 N. W. 334) McCook Waterworks Co., Wood v. McCormack v. Williams (L.R.A.1917E, 535, 88 N. J. L. 170, 95 Atl. 978) McCormick v. Chicago & N. W. R. Co. ( Neb. ). See Davison v. Chicago & X. W. R. Co. v. State (L.R.A.1916F, 382, Tenn. , 186 S. W. 95) McCoy v. Flynn (L.R.A.1915D, 1064, Iowa, , 151 N. W. 465) V. Handlin (L.R.A.1915E, 858, S. D. , 153 N. W. 361) v. Michigan Screw Co. (L.R.A.1916A, 323, 180 Mich. 454, 147 N. W. 572) MacCrellish, Re (L.R.A.1915A, 443, 167 Cal. 711, 141 Pac. 257) McCurdy v. Bennett. See State ex rel. Mc- \ Curdy v. Bennett. McCurley, Brandau v. McCurnin, Dodson v. McCutchen, Younker v. McDaniel v. Putnam (L.R.A.1917E, 1100, 100 Kan. 550, 164 Pac. 1167) Wallace v. v. Wetzel (L.R.A.1916E, 1140, 264 111. 212, 106 N. E. 209) McDermitt, Marshall v. McDevitt v. Stokes (L.R.A.1917D, 1100, 174 Ky. 515, 192 S. W. 681) McDole v. Thurm (L.R.A.1917B, 1150, 111. , 114 N. E. 542) McDonald, Ex parte (L.R.A.1915B, 988, 49 Mont. 454, 143 Pac. 947) v. Columbian Nat. L. Ins. Co. (L.R.A. 1916F, 1244, -- Pa. , 97 Atl. 1086) v. Finseth (L.R.A.1916D, 149, 32 N. D. 400, 155 N. W. 863) Galbrait h v. v. Lee (L.R.A.1916B, 915, 246 Pa. 253, 92 Atl. 135) v. Mabee (L.R.A.1917F. 458, 243 U. S. 90, 61 L. ed. 608, 37 Sup. Ct. Rep. 343) McDonough, Ex, parte (L.R.A.1916C, 693, 170 Cal. 230, 149 Pac. 566) McDougald. Citizens' Trust Co. v. T. Lilienthal (L.R.A.1917F, 267, Cal. , 164 Pac. 387) McDougle v. State ( L.R.A. 1917E, 930, Tex. Crim. Rep. , 194 S. W. 944) MacDowell, Re (L.R.A.1916E. 1246, 217 N. Y. 454. 112 X. E. 177) McEwen, Hughes v. v. Keary (L.R.A.1916B. 1063, 178 Mich. 6. 144 X. W. 524) McFarland v. Mayo (L.R.A.1917C, 901, Okla. , 162 Pac. 753) McFarlane v. Winters (L.R.A.1916D, 6J3, - Utah, , 155 Pac. 437) McGaw, Frey v. McGinnis v. Hydraulic Press Brick Co. (L.R.A.1915F, 583, 261 Mo. 287, 169 S. W. 30) v. Marlborough- Hudson Gas Co. (L.R.A. 1915D, 1080, 220 Mass. 575, 108 N. E. 364) v. Studebaker Corp. (L.R.A.1916B, 868, 75 Or. 519, 146 Pac. 825) McGivern, New England Cement Gun Co. v. McGrath v. Northern P. R. Co. (L.R.A. 1915D, 644, 121 Minn. 258, 141 N. W. 164) McGuire v. Chicago & A. R. Co. (L.R.A. 1915F, 888, Mo. , 178 S. W. 79) Machine Co. v. Brown (119 Va. 813). See United Cigarette Machine Co. v. Brown. v. Fryar (132 Tenn. 612). See Bur- roughs Adding Mach. Co. v. Fryar. Mclnnis v. New Orleans & N. E. R. ' Co. (L.R.A.1915E, 682, -- Miss.,, P.U.R.1915D, 418, 68 So. 481) Mclntire, Muskogee Electric Traction Co. v. Mclntosh, Re (L.R.A.1915D, 603, 211 N. Y. 265, 105 N. E. 414) Mclntyre Co., Scott v. Mclsaac v. McMurray (L.R.A.1916B, 769, N. H. , 93 Atl. 115) Mackall v. Pocock (L.R.A.1917C, 390, Minn. , 161 N. W. 228) McKee v. Hughes (L.R.A.1916D, 391, 133 Tenn. 455, 181 S. W. 930) Thompson v. McKelway, Re (L.R.A.1917E, 1143, 221 N. Y. 15, 116 N. E. 348) McKenna, Hamilton v. Ressell v. McKenney, Everest v. Mackenzie v. Hare (L.R.A.1916D, 127, 165 Cal. 776, 134 Pac. 713) Mackey v. Lonergan (L.R.A.1916F, 1098, 221 Mass. 296, 108 N. E. 1062) McKie v. McKie (L.R.A.1915D, 1126, Ark. , 172 S. W. 891) McKinney v. Adams (L.R.A.1915D, 442, - Fla. , 66 So. 988) McKinnon, Diehl v. v. State ex rel. Davis (L.R.A.1916D, 90, Fla. , 70 So. 557) McKinnon, C. & Co. v. Caulk (L.R.A.1915C, 396, 167 X. C. 411, 83 'S. E. 559) McKnight, El Paso Brick Co. v. v. Minneapolis Street R. Co. (L.R.A. 1916D, 1164, 127 Minn. 207, 149 N. W. 131) McKown, Crow v. MacLaren, Morrison v. McLaughlin v. Graves. See State ex rel. McLaughlin v. Graves, v. United R. Co. (L.R.A.1915E, 1205, - Cal. , 147 Pac. 14!1i v. Woodmen of the World (L.R.A. 1915B, 756, Xeb. , 149 X. W. 112) McLaurin, Western U. Teleg. Co. v. McLeod v. State (L.R.A.1916B, 1124, Tex. Crim. Rep. , 180 S. W. 117) TABLE OF CASES. 491 McMahon, Re (L.R.A.1917D, 778, Cal. , 163 Pac. 669) v. Owsley (L.R.A.1916F, 1208, 260 111. 43, 102 X. E. 1010) McMillan v. American Suburban Corp. (L.R.A.1917B, 401, Tenn. , 188 S. W. 615) McMillon, French v. McMorries, Lee v. McMurray, Mclsaac v. McMurren, Guthrie v. McNabb, Southern R. Co. v. McNamara v. McNamara (L.R.A.1916B, 1272, Xeb. , 154 X. W. 858) McNary, Hagan v. McNeal, Francis v. McNichols, Pulitzer Pub. Co. v. McNicol, Re (L.R.A.1916A, 306, 215 Mass. 497. 102 X. E. 697) McNulty, Nelson v. Macpherson v. Buick Motor Co. (L.R.A. 1916F, 696. 217 X. Y. 382, 111 X. E. 1050) McStay, Wheeler v. McWilliams v. Kentucky Heating Co. (L.R.A.1916A, 1224, Ky. , 179 S. W. 24) Mississippi Central R. Co. v. Macy v. Roedenbeck (L.R.A.1916C, 12, 227 Fed. 346) Madden, Re (L.R.A.1916D, 100Q, 222 Mass. 487, 111 X. E. 379) Eisentraut v. v. Madden (L.R.A.1916E, 892. 169 Ky. 367. 183 S. W. 931) Maddy v. Prevulsky (L.R.A.1917C, 335, Iowa. , 160 X. W. 762 1 ) Madison Ave. Bldg. Co., Reformed Protes- tant Dutch Church v. Madson v. Christenson. See Christenson, Re. Maercker v. Milwaukee (L.R.A.1915F, 1196, 151 Wis. 324, 139 X. W. 199) Magarity, Model Heating Co. v. Magill, Stevenson v. Maheu v. L'Union Lafayette (L.R.A.1917C, 625, Me. , 98 Atl. 821) Mahoney v. Gamble-Desmond Co. (L.R.A. 1916E, 110, 90 Conn. 255, 96 Atl. 1025) Mahoney Land Co. v. Cayuga Invest. Co. (L.R.A.1916C, 939, Wash. , 153 Pac. 308) Maine C. R. Co., Crosby v. v. National Surety Co. (L.R.A.1916A, 881, 113 Me. 465, 94 Atl. 929) Rogers v. Maine Farmers' Mut. F. Ins. Co., Gould v. Major, Wade v. Malchow v. Leoti (L.R.A.1915F, 568, 95 Kan. 787, 149 Pac. 687) Malmo v. Washington Rendering & F. Co. (L.R.A.1917C. 440, 79 Wash. 534, 140 Pac. 569) Malone, Coffman v. v. Jones (L.R.A.1915A. 328, 91 Kan. 815. 139 Pac. 387) Maloney, Maryland Casualty Co. v. Manchester, Re (L.R.A.1917D. 629, 163 Pac. 358 . Cal. ) v. Woltmann. See Manchester, Re. Manchester Street R. Co., Guevin v. Manciet, National Sales Co. v. Mandler v. Starks (L.R.A.1916E, 213, 35 Okla. 809, 131 Pac. 912) Mangold & Glandt Bank v. Utterback (L.R.A.1917B, 364, Okla. , 160 Pac. 713) Mangrum v. Law Union & Rock Ins. Co. (L.R.A.1916F, 440, Cal. , 157 Pac. 239) Mangum v. Todd (L.R.A.1915A, 382, Okla. , 141 Pac. 266) Mangus, Borton v. Mann v. Glastonbury Knitting Co. (L.R.A. 1916D, 86, 90 Conn. 116, 96 Atl. 368) Manning v. St. Paul Gaslight Co. (L.R.A. 1915E, 1022, 129 Minn. 55, 151 X. W. 423) Manos v. Detroit United R. Co. (L.R.A. 1917C, 689, 168 Mich. 155, 130 X. W. 664) Mansfield, Palmer v. Manufacturing Co. v. Anderson ( Mo. ) . See State ex rel. American Mfg. Co. v. Anderson. v. Beauchamp (231 U. S. 320).- See Sturges & Burn Mfg. Co. v. Beau- champ. v. Carr ( Iowa, ). See Dart Mfg. Co. v. Carr. v. Drug Co. ( Miss. ). See Ameri- can Mfg. Co. v. Crescent Drug Co. v. Havolic ( Wis. ). See Federal Rubber Mfg. Co. v. Havolic. v. Stanton (188 Mich. 237). See Mish- awaka Woolen Mfg. Co. v. Stan- ton. v. Western Steel & I. Works (227 Fed. 588). See Hall Mfg. Co. v. West- ern Steel & I. Works. Manville v. King-Richardson Co. See Ely v. King-Richardson Co. Maple v. Hiser (L.R.A.1915A, 1129, Ohio St. 106 X. E. 37) Mara vela s, Klein v. Marble & Tile Co. v. Williams (128 Minn. 514). See Xorthwestern Marble & Tile Co. v. Williams. Marianna Electric Co., Hunt v. Marietta Torpedo Co., Merrill v. Marion Hotel Co., Urquhart v. Market Nat. Bank v. Raspberry (L.R.A. 1916E, 79, 34 Okla. 243, 124 Pac. 758) Marks v. Anchor Savings Bank (L.R.A. 1916E, 906, 252 Pa. 304, 97 Atl. 399) Marlborough-Hudson Gas Co., MacGinnis v. Marlin, Louisville & N. R. Co. v. Marlow v. Ringer (L.R.A.1917D, 619, W. Va. , 91 S. E. 386) Marquet v. JEtna L. Ins. Co. (L.R.A.1915B, 749, Tenn. , 159 S. W. 733) Marrast, Waples v. Marron, Re (L.R.A.1917B, 378, N. M. , 160 Pac. 391) Marsdale v. Thames Towboat Co. See Ken- nerson v. Thames Towboat Co. Marshak v. Marshak (L.R.A.1915E, 161, Ark. , 170 S. W. 567) Marshall, Foy-Proctor Co. v. 492 TABLE OF CASES. Marshall v. Gordon (L.R.A.1917F, 279, 243 U. S. 521, 61 L. ed. 881, 37 Sup. Ct. Rep. 448) v. Kansas City (L.R.A.1915F, 1025, 95 Kan. 548, 148 Pac. 637) v. McDermitt (L.R.A.1917C, 883, W. Va. , 90 S. E. 830) v. State (L.R.A.1915A, 526, Tex, Crim. Rep. , 166 S. W. 722) Marshall & Co. v. Kirschbraun & Sons (L.R.A.1917E, 788, 100 Neb. 876, 161 N. W. 577) Martin v. Atchison, T. & S. F. R. Co. (L.R.A.1915B, 134, 92 Kan. 595, 141 Pac. 599) v. Camp (L.R.A.1917F, 402, 219 N. Y. 170, 114 N. E. 46) Farmers' Security Bank v. Fidelity & C. Co. v. Fidelity Trust Co. v. Johnson v. v. Superior Court. See State ex rel. Martin v. Superior Court. Martinez v. Vigil (L.R.A.1915B, 291, N. M. , 142 Pac. 920) Martinson, Matz v. Martyn v. Olson (L.R.A.1915B, 681, N. D. , 148 N. W. 834) Marvel v. Jonah (L.R.A.1915B, 206, N. J. , 90 Atl. 1004) Marx, Re (L.R.A.1917F, 234, Cal. , 164 Pac. 640) Maryland Casualty Co., Brassil v. v. Cherry vale Gas, L. & P. Co. (L.R.A. 1917C, 487, 99 Kan. 563, 162 Pac. 313) Davies v. v. Maloney (L.R.A.1916A, 519, Ark. , 178 S. W. 387) v. Peppard (L.R.A.1916E, 597, Okla. , 157 Pac. 106) Welch v. Maryland E. R. Co., State use of Cox v. Maryland Motor Car Ins. Co., Cottingham v. Maryland Realty Co., Byrne v. Mason, Chesapeake & 0. R. Co. v. Card v. Jacquith v. Nashville v. Massachusetts Bonding & Ins. Co., Miller v. Masters, Rainier v. Mather v. Field & Co. See People ex rel. Mather v. Field & Co. Mathison v. Minneapolis Street R. Co. (L.R.A.1916D, 412, 126 Minn. 286, 148 N. W. 71) Matson v. Michael (L.R.A.1915D, 1, 81 Kan. 360, 105 Pac. 537) Matthews v. Mires ( Minn. ). See Mires, Re. v. St. Louis, I. M. & S. R. Co..(L.R.A. 1916E, 1194, Ark. , 185 S. W. 461) Thomas v. Matups, Chicago, R. I. & P. R. Co. v. Matz v. Martinson (L.R.A.1915B, 1121, 127 Minn. 262, 149 X. W. 370) Matzger v. Arcade Bldg. & Realty Co. (L.R.A.1915A, 288, Wash. , 141 Pac. 900) Maupin, Talley v. Mausert, State v. Maxwell, Louisville & N. R. Co. v. Maxwell Motor Co., Weaver v. May v. Illinois C. R. Co. (L.R.A.1915A, 781. Tenn. , 167 S. W. 477) Wright v. May Creek Logging Co. v. Pacific Coast Casualty Co. (L.R.A.1915C, 155, Wash. , 144 Pac. 67) Mayo, McFarland v. Ma2ey v. Loveland (L.R.A.1916F, 279, Minn. , 158 N. W. 44) Woolfson v. Meador, Whitley v. Meaher v. Mitchell (L.R.A.1915C, 467, 112 Me. 416, 92 Atl. 492) Mechanics & Traders' Ins. Co. v. Boyce (L.R.A.1917E, 328, Miss. , 74 So. 821) Mechanics' State Bank, Fees v. Mechling v. McAllister ( Minn. ). See McAllister, Re. Mecklenburg Mfg. Co., Raleigh, C. & S. R. Co. v. Medical Co. v. Osborne ( Iowa, ). See Rawleigh Medical Co. v. Osborne. Medley, Chicago, R. I. & P. R. Co. v. Meek v. Fox (L.R.A.1916D, 1194, 118 Va. 774, 88 S. E. 161) Meginnes v. Copeland (L.R.A.1917E, 1060, Iowa, , 160 N. W. 50) Mehegan v. Boyne City, G. & A. R. Co. (L.R.A.1915E, 1170, 178 Mich. 694, 141 N. W. 905) Mehlinger, Feeney v. Melitch v. United Rys. & Electric Co. (121 Md. 457). See State usfe of Melitcb v. United Rys. & Electric Co. Mellen Lumber Co. v. Industrial Com. (L.R.A.1916A, 374, 154 Wis. 114, 142 N. W. 187) Mellor, Oceanic Steam Nav. Co. v. Melton v. Com. (L.R.A.1915B, 689, Ky. _, 170 S. W. 37) Melville, Re (L.R.A.1916C, 98, 245 Pa. 318, 91 Atl. 679) v. Roliwage (L.R.A.1917B. 133, 171 Ky. 607, 188 S. W. 638) Memphis v. State ex rel. Ryals (L.R.A. 1916B, 1151, -- Tenn. . P.U.R 1916A, 825, 179 S. W. 631) Memphis & A. City Packet Co. v. Agnew (L.R.A.1916A, 640, 132 Tenn. 265, 177 S. W. 949) Memphis Street R. Co. v. Rapid Transit Co. (L.R.A.1916B, 1143, Tenn. . P.U.R.1916A. 834, 179 S. W. G35) v. Stratton (L.R.A.1915E, 704. 13J Tenn. 620, 176 S. W. 105) Menar v. Sanders (L.R.A.3917E. 422, 169 Ky. 285, 183 S. W. 949) Menasha Wooden Ware Co., Minneapolis St. P. & S. Ste. M. R. Co. v. Menedelson, People v. Mendota Coal & Coke Co., Packwood v. Mendota Coal Co., King v. Mengel Box Co. v. Sea (L.R.A.1916D, 108, 167 Ky. 193, ISO S. W. 347) Meramec Quarry Co., Hunicke v. Mercantile Co. v. Insurance Co. (49 Mont. 430). See Valley Mercantile Co. v. St. Paul F. & M. Ins. Co. Merchants & M. Sav. Bank, Parrish v. TABLE OF CASES. 493 Merchants' & P. Dist. Teleg. Co., O'ConneU | v. Merchants & Planters' Bank v. Brigman (L.R.A.1917E, 825, S. C. , 91 S. E. 332) Merchants' Cotton Press & S. Co. v. Miller (L.R.A.1916F, 1137, Tenn. , 186 S. W. 87) Merchants' Legal Stamp Co. v. Murphy (L.R.A.1915D, 520, 220 Mass. 281, 107 N. E. 968) Meridian v. Crook (L.R.A.1916A, 482, Miss. , 69 So. 182) Meridian Life Ins. Co. v. Milam (L.R.A. 1917B, 103, 172 Ky. 75, 188 S. W. 879) Merrill v. Hodson (L.R.A.1915B, 481. 88 Conn. 314, 91 Atl. 533) v. Marietta Torpedo Co. (L.R.A.1917F, 1043, W. Va. , 92 S. E 112) Merritt v. Cravens (L.R.A.1917F, 935, 168 Ky. 155, 181 S. W. 970) Merten, Sioux City Foundry & Mfg. Co. v. Merton v. Puffer (L.R.A.1917A, 443, 157 Wis. 576, 147 N. W. 993) Metcalf v. District Court ( Mont. ) . See State ex rel. Metcalf v. District Court. v. State (L.R.A.1916E, 595, Okla. , 156 Pac. 305) Metropolitan Bldg. Co., Beatty v. Metropolitan Casualty Ins. Co., Neill v. Metropolitan Invest. Co., Dibbert v. Metropolitan L. Ins. Co. v. Nelson (L.R.A. 1916F, 457, 170 Ky. 674, 186 S. W. 520) Metzler, Coon v. Mewhinney, State v. Meyer, Re (L.R.A.1915C. 615, 209 N. Y. 386, 103 N. E. 713) v. Hodge (L.R.A.1916E, 1207, Wash. , 157 Pac. 42) . Moriarity v. Michael, Finch Bros. v. Matson v. State v. Michal, Soper v. Michigan C. R. Co., Guastelo v. Mollica v. Michigan Screw Co., McCoy v. Michigan Sugar Co., Hopkins v. Mid-Continent Oil Development Co., Lavery v. Middleby, Re (L.R.A.1915F, 1041, 249 Pa. 203. 94 Atl. 820) Midland Savings & L. Co. v. Beats (L.R.A. 1916D, 745, Okla. , 150 Pac. 868] Midland Valley R. Co. v. Fulgham (L.R.A. 1917E, 1, 104 C. C. A. 151, 181 Fed. 91) v. Toomer (L.R.A.1917D, 344, Okla. . 162 Pac. 1127) Mier, Evatt v. Mikeska, Atwood v. Milan, Meridian Life Ins. Co. v. Miles v. Cheyenne (L.R.A.1917D, 258, 96 Xeb. -703. 148 N. W. 959) Miles City, Milligan v. Miller, Re (L.R.A.1915C, 736, Iowa, , 149 N. W. 227) Miller, Re (L.R.A.1915D, 856, 90 Kan. 819, 136 Pac. 255) v. American Steel & Wire Co. (L.R.A. 1916E, 510, 90 Conn. 349, 97 Atl. 345) v. Gillespie (L.R.A.1917E, 774, Mich. , 163 N. W. 22) v. Harvey (L.R.A.1917F, 559, 221 N. Y. 54, 116 N. E. 781) v. Keaton (L.R.A.1915C, 690, 260 Mo. 708, 168 S. W. 1140) v. Massachusetts Bonding & Ins. Co (L.R.A.1915D, 615, 247 Pa. 182, 93 Atl. 320) Merchants' Cotton Press & S. Co. v. v. Miller (L.R.A.1915A, 671, 91 Kan. 1, 136 Pac. 953) v. Miller (L.R.A.1915D, 852, Vt. , 92 Atl. 9) Milwaukee v. Muskogee v. People v. v. Public Service R. Co. (L.R.A.I015C. 604. 85 N. J. L. 631, 92 Atl. 343) v. Sire (L.R.A.lfll6D, 1211, 140 C. C. A. 118, 224 Fed. 424) State v. v. State (L.R.A.1015A, 1088, 9 Okla. Crim. Rep. 255, 131 Pac. 717) v. State (L.R.A.1917D, 383, Okla. Crim. Rep. , 163 Pac. 131) Steele, H. & M. Co. v. Sutherland v. v. Toles (L.R.A.1915C, 595, Mich. , 150 N. W. 118) Wilberding v. v. Wilson (L.R.A.1915F. 829, 236 U. S. 373, 59 L. ed. 628, 35 Sup. Ct. Rep. 342) Miller Bros. Grocery Co., Re (L.R.A.1916B, 1099, 135 C. C. A. 521, 219 Fed. 851) Miller Levee District, St. Louis S. W. R. Co. v. Milligan v. Miles City (L.R.A.1916C, 395, Mont. . 153 Pac. 276) Milliken v. Travelers' Ins. Co. (L.R.A.1916A, 337, 216 Mass. 293, 103 N. E. 898) Millikin, Bradshaw v. Milling & Grain Co. v." Runkles (118 Md. 371). See Mount Airy Milling & Grain Co. v. Runkles. Milling Co. v. Allen & Wheeler Co. (208 Fed. 513). See Hanover Star Milling Co. v. Allen & Wheeler Co. v. Kansas Postal Teleg.-Cable Co. ( Kan. ). See Shawnee Milling Co. v. Kansas Postal Teleg.-Cable Co. 1 Mills, Peet v. ' Milner v. Gatlin (L.R.A.1916B, 977, 143 Ga. 816, 85 S. E. 1045) Milton, Hemenway v. Milwaukee v. Althoff (L.R.A.1916A, 327, 156 Wis. 68, 145 N. W. 238) Bernstein v. Maercker v. v. Miller (L.R.A.1916A, 1, 154 Wis. 652, 144 X. W. 188) Milwaukee Electric R. & L. Co., Lipps v. v. Railroad Com. (L.R.A.1915F, 744, 153 Wis. 592, 142 X. W. 491) 494 TABLE OF CASES. Milwaukee Mechanics' Ins. Co. v. Ramsey (L.R.A.1916A, 556, Or. , 149 Pac. 542) Mims, Knights of Phythias v. Mineral Land Invest. Co. v. Bishop Iron Co. (L.R.A.1917D, 900, - Minn.. , 159 X. W. 966) Mineral Park Land Co. v. Howard (L.R.A. 1916F, 1, Cal. , 156 Pac. 458) Mining & Mill. Co. v. Otterson (16 Ariz. 305). See Tube City Min. & Mill. Co. v. Otterson. Mining & Smelting Co. v. Public Utilities Commission (26 Idaho, 391). See Federal Min. & Smelting Co. v. Public Utilities Commission. Mining Co. v. De York ( Okla. ). See Folsom-Morris Coal Min. Co. v. De York. v. District Court ( Minn. ). See State ex rel. Adriatic Min. Co. v. District Court. v. Hall ( Okla. ). See Cabin Val- ley Min. Co. v. Hall, v. Imperator-Quilp Co. ( Wash. ). See Golden Eagle Min. Co. v. Im- perator-Quilp Co. v. Tyberg ( C. C. A. ). See Pioneer Min. Co. v. Tyberg. Minneapolis, Ackeret v. Bainbridge v. Minneapolis & St. L. R. Co. v. Bombolis (L.R.A.1917A, 86, 241 U. S. 211, 60 L. ed. 961, 36 Sup. Ct. Rep. 595) Minneapolis Iron Store Co. v. Branum (L.R.A.1917E, 298, 36 N. D. 355, 162 X. W. 543) Minneapolis, St. P. & 'S. Ste. M. R. Co., Christopherson v. Heath V. Le Beau v. v. Menasha Wooden Ware Co. (L.R.A. 1915F. 732, 159 Wis. 130, 150 X. W. 411) Rebillard v. v. State ex rel. McCue. See Xorthern P. R. Co. v. State ex rel. McCue. Minneapolis, St. P. R. & D. Elec. T. Co., Grimes v. Minneapolis Street R. Co., McKnight v. Mathison v. Minneapolis Threshing Mach. Co., Heitsch v. v. Roberts County (L.R.A.1915D, 886, S. D. , 149 X. W. 163) Minner v. Great Western Acci. Asso. (L.R.A. 1917D, 738, 90 Kan. 575, 162 Pac. 1160) Minnesota, D. & P. R. Co. v. Way (L.R.A. 1915B, 925, S. D. , 148 N. W. 858) Minnesota, D. & W. R. Co., Brennan v. Minnesota Loan & T. Co. v. Probate Court. See State ex rel. Minnesota Loan & T. Co. v. Probate Court. Minnesota Mut. L. Ins. Co. v. Tagus State Bank (L.R.A. 1917 A, 519, 34 N. D. 566, 158 X. W. 1063) Minnich, Com. v. Mintz v. Soule (L.R.A.1916B, 15, 182 Mich. 564, 148 X. W. 769) Mires, Re (L.R.A.1917B, 676, Minn. , 160 N. W. 187) Matthews v. Misamore v. Berglin (L.R.A.1916F, 1024, Ala. . 72 So. 347) Mishawaka Wcolen Mfg. Co. v. Stanton (L.R.A.1917B, 651, 188 Mich. 237, 154 X. W. 48) Missio v. Williams (L.R.A.1915A, 500, Tenn. , 167 S. W. 473) Mississippi C. R. Co. v. Hattiesburg Trac- tion Co. (L.R.A.1915D, 843, -Miss. , 67 So. 897) v. McWilliams (L.R.A.1917B, 515, Miss. ,' 72 So. !)2:>< Mississippi Levee, Jones v. Mississippi R. Com. v. Illinois C. R. Co. (L.R.A.1!)17D, 907, Mi^s. , 73 So. 878) Mississippi River Power Co., Watson v. Wissmath Packing Co. v. Missouri & N. A. R. Co., Bellamy v. Missouri Athletic Club, State ex inf. Harvey v. Missouri, K. & T. R. Co. v. Ashinger f L.R.A. 1917D. 1180, Okla. . 162 Pac. 814) v. Bradshaw (L.R.A.1917F, 1013, 37 Okla. 317. 132 Pac. 327) v. Ellis (L.R.A.1916E, 100, Okla., 156 Pac. 226) v. Harris ( L.R.A. 1915E, 942, 234 U. S. 412, 58 L. ed. 1377, 34 Sup. Ct. Rep. 790. Ray v. State v. Missouri, 0. & G. R. Co., Wilhelm v. Missouri P. R. Co., Anderson v. Bumstead v. Rail Grain Co. v. v. Sproul (L.R.A.1917C, 772, 99 Kan. 608. 162 Pac. 293) Mitchell v. Abernathy (L.R.A.1917C, 6, 194 Ala. 608, 69 So. 824) Crow v. v. Hopper (L.R.A.1915B, 1013, Ark. , 170 S. W. 231) Keen v. v. Langley (L.R.A.1916C, 1134. 143 Ga. 827, 85 S. E. 1050. Meaher v. v. State (L.R.A.1916C, 580, -- Tex. Crim Rep. , 180 S. W. 115) Mitchell Bros. Co., Doyle v. Moberg v. Scott (L.R.A.1917D. 732. S. D. . 161 X. W. 998) Mobile & 0. R. Co. v. Greenwald (L.R.A. 1917B, 924, 104 Miss. 417, 61 So. 426) Guaranty Trust Co. v. Mobile Infirmary Asso., Tucker v. Model Heating Co. v. Magarity (L.R.A. 1915B, 665, 2 Boyce (Del.) 459, 81 Atl. 394) Modern Brotherhood of A. v. Bailey (L.R.A. 1916A, 551, Okla. . 150 Pac. 673) Modern Woodman of America, Bosler v. Brown v. v. Ghromley (L.R.A.1915B, 728, Okla. , 139 Pac. 306) TABLE OF CASES. 495 Modern Woodmen of America v. Headle (L.R.A.1915A, 580, Vt. , 90 Atl. 893) Hines v. Keith v. Page v. Ridgeway v. Moffett, Hood v. Moha v. Hudson Boxing Club (L.R.A.1917B, 1238, Wis. , 160 N. W. 266) Mohall Teleph. Co., Jacobson v. Moll, Calahan v. Mollica v. Michigan C. R. Co. (L.R.A.1917F, 118, 170 Mich. 96, 135 N. W. 927) Mollier, State v. Mollohan v. Cavender (L.R.A.1917D, 248, 75 W. Va. 36, 83 S. E. 78) Monarch Refrigerating Co., Hobbs v. Monfort, State ex rel. Willis v. Monidah Trust, Conway v. Montenegro-Riehm Music Co. v; Beuris (L.R.A.1916C, 557, 160 Ky. 557, 169 S. W. 986) Montgomery, Johns v. Montgomery Light & Traction Co. v. King (L.R.A.1915F, 491, 187 Ala. 619, 65 So. 998) Moody, vSkagit State Bank v. Tennessee Coal, I. & R. Co. v. Moon, Daboll v. Moon Lake Ice Co., Ramlow v. Moore v. JEtna L. Ins. Co. (L.R.A.1915D, 264, Or. , 146 Pac. 151) Henschke v. v. Keystone Driller Co. (L.R.A.1917D, 940, Idaho, , 163 Pac. 1114) Preston v. Roberson v. v. Rowlett (L.R.A.1916C, 89, 269 111. 88, 109 N. E. 682) Winston v. Moorhead, Best v. Moosbrugger, Hulley v. Mooy v. Gallagher (L.R.A.1916C, 1040, 36 R. I. 405, 90 Atl. 663) Morawetz, Thompson-McDonald Lumber Co. v. More, Santa Barbara County v. Moreau Lumber Co. v. Johnson (L.R.A. 1915F. 1132, 29 N. D. 113, 150 N. W. 563) Morecraft v. Allen (L.R.A.1915B, 1, 78 N. J. L. 729, 75 Atl. 920) Moree, Black v. Morehead, State ex rel. Wooldridge v. Moreland v. People's Bank (L.R.A.1917F, 263, Miss. . 74 So. 828) v. State (L.R.A.1917A, 140, 125 Ark. 24, 188 S. W. 1) i Morgan v. American C. Ins. Co. (L.R.A. 1917D, 1049, W. Va. , 92 S. E. 84) v. Bartlett (L.R.A.1915D, 300, W. Va. , 83 S. E. 1001) Bertram v. Caples v. Hildreth v. v. Salmon (L.R.A.1915B, 407, X. M. . 135 Pac. 553) v. United States Mortg. & T. Co. (L.R.A.1915D. 741, 208 X. Y. 218, 101 X. E. 871) Morgan's Louisiana & T. R. & S. S. Co., Guidry v. Moriarity v. Meyer (L.R.A.1916E, 1165, N. M. , 157 Pac. 652) Moroder v. Fox (L.R.A.1917B, 238, 155 Wis. 503. 143 X. W. 1040) Morong v. Spofford (L.R.A.1915B, 387, 218 Mass. 50, 105 N. E. 454) Morris, Howland v. State v. Morris County Traction Co., Summit v. Morrisey v. Williams (L.R.A.1915D, 792, W. Va. , 82 S. E. 509) Morrison v. MacLaren (L.R.A.1915E, 469, 160 Wis. 621, 152 X. W. 475) Morrison & Sons Co., State ex rel. Corpora- tion Com. v. Morrow v. Adams. See Adams, Re. Mortgage & Invest. Co. v. Giacomini (55 Colo. 540). See Colorado Mortg. & Invest. Co. v. Giacomini. Morton v. Allen (L.R.A.1916B, 11, 180 Ala. 279, 60 So. 866) Morton County, Northern Pacific R. Co. v. Moseley v. Taylor (L.R.A.1917E, 875, X. C. , 91 S. E. 1035) Mosing, Van Eman v. Moss v. Campbells Creek R. Co. (L.R.A. 1915C, 1183, W. Va. , 83 S. E. 721) v. State (L.R.A.1915D, 361, 131 Tenn. 94, 173 S. W. 859) Mosso v. Stanton Co. (L.R.A.1916A, 943, 75 Wash. 220, 134 Pac. 941) Mother's Assistance Fund v. Powell. See Com. ex rel. Mother's Assistance Fund v. Powell. Motion Picture Patents Co. v. Universal Film Mfg. Co. (L.R.A.1917E, 1187, 243 U. S. 502, 61 L. ed. 871, 37 Sup. Ct. Rep. 416) Motlow v. State (L.R.A.1916F, 177, 125 Tenn. 547. 145 S. W. 177) Motsenbocker v. Shawnee Gas & E. Co. (L.R.A.1916B, 910, Okla. -^, 152 Pac. 82) Mott v. Hull (L.R.A.1916B, 1184, Okla. , 152 Pac. 92) Mott Iron Works v. Arnold (L.R.A.1915D, 1028. 35 R. I. 456, 87 Atl. 17) Moulden, Parlin & 0. Implement Co. v. Mountain Railway Constr. Co., Pointer v. Mountain Timber Co., State v. Mount Airy Milling & Grain Co. v. Runkles (L.R.A.1915E, 373, 118 Md. 371, 84 Atl. 533) Mo Yaen v. State (L.R.A.1917D, 1014, 18 Ariz. 491, 163 Pac. 135) Moyer, Benson Hospital Asso. v. Tryon v. Moynihan, Re (L.R.A.1916D, 1127, Iowa, , 151 X. W. 504) Mueller, People v. Mulchanock v. Whitehall Cement Mfg. Co. (L.R.A.1917A, 1015, 253 Pa. 262, 98 Atl. 554) Mullen v. Otter Tail Power Co. (L.R.A. 1916D, 447, 130 Minn. 386, 153 X. W. 746) Mullin, Seaboard Air Line R. Co. v. Munday v. Southern R. Co. See Woodward. v. Southern R. Co. 496 TABLE OF CASES. Munding v. Industrial Commission. See State ex rel. Munding v. Industri- al Commission. Hunger, Focks v. Municipal Excavator Co., Southern Surety v. Munn & Co. v. Americana Co. (L.R.A.1916D, 116, 83 N. J. Eq. 309, 91 Atl. 87) Munroe v. United States (L.R.A.1915B, 980, C. C. A. , 216 Fed. 107) Munson v. De Tamble Motors Co. (L.R.A. 1915A, 881, 88 Conn. 415, 91 Atl. 531) Murchison, Farrell v. Murdoch, Locke v. Murphy v. Continental Ins. Co. (L.R.A. 1917B, 934, Iowa, , 157 N. W. 855) v. Hofman Co. (L.R.A.1916A, 634, 215 N. Y. 185, 109 N. E. 101) v. Hohne (L.R.A.1917F, 594, Fla. , 74 So. 973) Lewinn v. Merchants' Legal Stamp Co. v. v. National Travelers' Benefit Asso. (L.R.A.1917C, 338, Iowa, , 161 N. W. 57) v. Nett (L.R.A.1915E, 797, Mont. , 149 Pac. 713) v. Pere Marquette R. Co. (L.R.A.1915C, 536, Mich. , 150 N. W. 122) v. Wolfer. See State ex rel. Murphy v. Wolfer. v. Yonkers (L.R.A.1915F, 598, 213 N. Y. 124, 107 N. E. 267) . Murray, Andre v. v. Public Utilities Commission (L.R.A. 1916F, 756, 27 Idaho, 603, 150 Pac. 47) Roller v. v. Thompson (L.R.A.1917B, 1172, Tenn. , 188 S. W. 578) Murrey, Ketler v. Music Co. v. Beuris (160 Ky. 557). See Montenegro-Riehm Music Co. v. Beuris. Music House v. Douglass (90 Wash. 683). See Eilers Music House v. Doug- lass. Musicians' Protective Union, Local No. 198, Rhodes Bros. Co. v. Muskogee v. Hancock (L.R.A.1916F, 897, Okla. , 158 Pac. 622) v. Miller (L.R.A.1915D, 243, Okla. , 145 Pac. 782) Muskogee County, Western C. & G. Ins. Co. v. Muskogee Electric Traction Co. v. Mclntire (L.R.A.1916C, 351, 37 Okla. 684, 133 Pac. 213) Muskogee Pipe Line Co., First Nat. Bank v. Mutual Ben. L. Ins. Co. v. Chattanooga Sav. Bank (L.R.A.1916A, 669, Okla. , 150 Pac. 190) Mutual L. Ins. Co. v. Board, Armstrong & Co. (L.R.A.1915F, 979, 115 Va. 836, 80 S. E. 565) v. Dibrell (L.R.A.1917E, 554, 137 Tenn. 528. 194 S. W. 581) v. Stephens. (L.R.A.1917C, 809, 214 X. Y. 488, 108 X. E. 856) Mutual Steamship Co., Lindstrom v. Myatt-Dicks Motor Co., Wilkerson v. Myers, Benjamin Rose Institute v. Carey v. v. Denver & R. G. R. Co. (L.R.A.1917D, 287, Colo. , 157 Pac. 196) Howe v. Jackson v. v. State (L.R.A.1915C, 302, 111 Ark. 399, 163 S. W. 1177) v. Steele (L.R.A.1917C, 4, 98 Kan. 577, 158 Pac. 660) Myler, Re (L.R.A.1917A, 448, Minn. , 158 N. W. 395) Mylius v. Cargill (L.R.A.1915B, 154, N. M. , 142 Pac. 918) N. Nabors v. Producers' Oil Co. (L.R.A.1917D, 1115, 140 La. 985, 74 So. 527) Nadel v. Weber Bros. Shoe Co. (L.R.A. 1916D, 1230, Fla. , 70 So. 20) Nagle, State v. Nahser v. Chicago (L.R.A.1916D, 95, 271 111. 288, 111 N. E. 119) Nance, Fouts v. Nashua River Paper Co. v. Hammermill Paper Co. (L.R.A.1916D. 691, 223 Mass. 8, 111 N. E. 678) Nashville v. Burns (L.R.A.1915D, 1108, 131 Tenn. 281, 174 S. W. 1111) v. Mason (L.R.A.1917D, 914, Tenn. , 192 S. W. 915) Saulman v. Nashville, C. & St. L. R. Co., Howard v. v. Hubble (L.R.A.1015E, 1132, 140 Ga. 368, 78 S. E. 919) Nashville Interurban R. Co., Hogan v. National Advertising & A. Co., Green v. National American, Sluder v. National Bank v. Cazort & McGehee Co. (123 Ark. 605). See First Nat. Bank v. Cazort & McGehee. Newbern v. v. Smith (L.R.A.1915B, 1116, Ga. , 83 S. E. 526) National Bank of Commerce v. Bossemeyer (L.R.A.1917E, 374, Neb. , 1G2 N. W. 503) v. First Nat. Bank (L.R.A.1916E, 537, Okla. , 152 Pac. 596). Johnson v. National Banner Pub. Co., Fourth Nat. Bank v. National F. Ins. Co. v. Dennison (L.R.A. 1916F, 992, Ohio St. , 113 N. E. 260) National Life Ins. Co., Dawson v. Duvall v. v. Hale (L.R.A.1916E, 721, Okla. , 154 Pac. 536) National Sales Co. v. Manciet (L.R.A.1917D, 485, 162 Pac. 1055) National Surety Co., American Sav. Bank & T. Co. v. Maine C. R. Co. v. v. United States use of Pittsburgh & B. Co. (L.R.A.1917A, 336, 143 C. C. A. 09, 228 Fed. 577) Wisconsin Brick Co. v. TABLE OF CASES 497 National Travelers' Benefit Asso., Murphy v. National Union F. Ins. Co., JEtna L. Ins. Co. v. v. Alexander ( Ky. ). See Na- tional Union F. Ins. Co. v. Crutch- tield. v. Crutchfield (L.R.A.1915B, 1094, Ky. , 170 S. W. 187) v. School District No. 55 (L.R.A.1916D, 238, Ark. , 182 S. W. 547) National Wholesale Grocery Co., American Locomotive Co. v. Natural Gas Co. v. Lee (115 Ark. 288). See Arkansas Natural Gas Co. v. Lee. Navigation Co. v. Mellor (233 U. S. 718). See Oceanic Steam Nav. Co. v. Mellor. Neal, Davis v. Neas v. Whitener-London Realty Co. (L.R.A.1916A, 525, Ark. , 178 S. W. 390) Nebraska Seed Co., Harsh v. Neely v. Tennessee, G. & A. R. Co. (L.R.A. 1916F, 819, Ga. , 89 S. E. 325) Negaunee Nat. Bank v. Le Beau (L.R.A. 1917D, 852, Mich. , 161 N. W. 974) Neiberg v. Cohen (L.R.A.1915C, 483, Vt. , 92 Atl. 214) Neill v. Metropolitan Casualty Ins. Co. (L.R.A.1916E, 825, Tenn. , 185 S. W. 701) 0. K. Transfer & S. Co. v. Neill Co. v. Rumpf (L.R.A.1917C, 1199, 148 Ky. 810, 147 S. W. 910) Nekoosa-Edwards Paper Co. v. Industrial Com. (L.R.A.1916A, 348, 154 Wis. 105, 141 N. W. 1013) Nelson v. Eichoff (L.R.A.1916F, 1063, Okla. , 158 Pac. 370) Farmer's Nat. Bank v. v. McNulty (L.R.A.1917C, 431, Minn. , 160 N. W. 795) Metropolitan L. Ins. Co. v. Nesbit v. Giblin (L.R.A.1915D, 477, 96 Neb. 369, 148 N. W. 138) Nett, Murphy v. Nettleton v. Cook (L.R.A.1917D, 1194, Idaho, , 163 Pac. 300) Neubrand v. Kraft (L.R.A.1915D, 691, Iowa, , 151 N. W. 455) Neuman v. Knights of Pythias (L.R.A. 1916C, 1051, Miss. , 70 So. 241) Nevada, Callahan v. Nevada-California-Oregon R. Co., Burrus v. Levy v. Nevich v. Delaware, L. & W. R. Co. (L.R.A. 1917 E. 847, N. J. L. , 100 Atl. 234) New v. Smith (L.R.A.1915F, 771, 94 Kan. 6, 145 Pac. 880) Wilson v. New Amsterdam Casualty Co. v. Johnson (L.R.A.1916B. 1018, 91 Ohio St. 155, 110 N. E. 475) 'Rathman v. Newark v. Dold. See Maple v. Hiser. Newbern v. National Bank (L.R.A.1917B, 1019, 234 Fed. 209) Weil, Roth & Co. v. L.R.A. Tri. Index 1915-17.^32. Newburyport, Kelleher v. New Dells Lumber Co., Venn en v. New England Casualty Co., Hires v. New England Cement Gun Co. v. McGivern (L.R.A.1916C, 986, 218 Mass. 198, 105 N. E. 885) New England Order of Protection v. Syl- vester (L.R.A.1917C, 925, Me , 99 Atl. 655) New Haven, Pope v. Newkirk Creamery & Ice Co., Huster v. Newman, Re (L.R.A.1916C, 1145, 222 Mass. 563, 111 N. E. 359) New Orleans v. Sanford (L.R.A.1916A, 1228, La. , 69 So. 35) v. Toca (L.R.A.1917E, 761, La. , 75 So. 238) New Orleans & N. E. R. Co., Mclnnis v. New Orleans, G. N. R. Co., Patterson v. New Orleans, K. & Light Co., Bofill v. Newport, Campbell County v. Newsome, Columbus R. Co. v. New Ulm, Frasch v. New York, Re (L.R.A.1916A, 1290, 215 N. Y. 109, 109 N. E. 104) Gaines v. Lincoln Safe Deposit Co. v. New York C. & H. R. R. Co., Armstrong Co. v. v. Buffalo (L.R.A.1917A, 472, 218 N. Y. 259, 112 N. E. 721) v. Central Massachusetts Electric Co. (L.R.A.1915B, 822, 219 Mass. 85, 106 N. E. 566) Kelliher v. New York, C. & St. L. R. Co., Ransom v. New York C. R. Co. v. White (L.R.A.1917D, 1. 243 U. S. 188. 61 L. ed. C67, 37 Sup. Ct. Rep. 247) New York L. Ins. Co., Johnson v. New York, N. H. & H. R. Co., Howell v. St. Martin v'. v. Vizvari (L.R.A.1915C, 9, 126 C. C. A. 632. 210 Fed. 118) New York, 0. & W. R. Co. v. State Bd. of Tax Comrs. See People ex rel. New York, O. & W. R. Co. v. State Bd. of Tax Comrs. New York, P. & N. R. Co. v. Peninsular Produce Exchange (L.R.A.1917A, 193, 240 U. S. 34. 60 L. ed. 511, 36 Sup. Ct. Rep. 234) New York State Railways, State Industrial Commission v. New York Teleph. Co., Hall v. Niagara F. Ins. Co., Hammond v. Palmer v. Nicholas Building Co., Smith v. Nichols, Brown v. Burt v. Deming v. Nichols & Co. v. Thomas (L.R.A.1916B, 908, Okla. . 151 Pac. 847) Nicholson v. Atchison, T. & S. F. Hospital Asso. (L.R.A.1016D. 1029, 97 Kan. 480. 155 Pac. 920) v. Atchison, T. & S. F. R. Co. (L.R.A. l!)lf>E, 417, 95 Kan. 13, 147 Pac. 1123) v. Daffin (L.R.A.1915E, 168, 142 Ga. 729, 83 S. E. 658) Ottumwa v. 498 TABLE OF CASES. Nicholson Pub. Co., Flanagan v. Nicolosi v. Clark (L.R.A.1915F, 638, Cal. , 147 Pac. 971) Ninemire Packing Co., Lynch v. Nixon, Cass County v. Nixon Min. Drill Co. v. Burke (L.R.A.1916C, 411, 132 Tenn. 481, 178 S. W. 1116) Nolte, Reutkemeier v. Noonan v. Foley (L.R.A.1915F, 1036, 217 Mass. 566, 105 N. E. 558) Nooney v. Pacific Exp. Co. (L.R.A.1915B, 433, 125 C. C. A. 474, 208 Fed. 274) Nordby v. Sorlie (L.R.A.1917B, 753, N. D. , 160 N. W. 70) Norf* Hart v. Norfolk & W. R. Co., Anania v. Comisky v. Turk v. Norfolk Southern R. Co., Ashby v. v. Chatman (L.R.A.1917F, 1128, 244 U. S. 276, 61 L. ed. 1131, 37 Sup. Ct. Rep. 499) Huff v. Ridge v. State v. Normal School v. Charleston (271 HI. 602). See Eastern Illinois State Normal School v. Charleston. Norris v. Boston Music Co. (L.R.A.1917B, 615, 129 Minn. 198, 151 N. W. 971) Frankel v. Johnson v. North Alaska Salmon Co. v. Pillsbury (L.R.A.1917E, 642, Cal. , 162 Pac. 93) North America Acci. Ins. Co., Parker v. North American Teleg. Co., Northern Pacific R. Co. v. Northampton, Wasser v. North British & M. Ins. Co., Salomon v. North Coast F. Ins. Co., Rasmusson v. Northern Express Co., Sunderland v. Northern P. R. Co., Anderson v. Clark, v. Cooke v. Fogarty v. Hanson v. Imler v. McGrath v. v. Morton County (L.R.A.1916E, 404, 32 X. D. 627, 156 N. W. 226) v. North American Teleg. Co. (L.R.A. 1916E, 572, 230 Fed. 347) Olson v. Peek v. Reeve v. v. Richland County (L.R.A.1915A, 129, X. D. , 148 N. W. 545) Rose v. Soules v. v. State ex rel. McCue (L.R.A.1917F, 1148. 236 U. S. 585, 59 L. ed. 735, P.U.R.1915C, 277, 35 Sup. Ct. Rep. 429) v. .United States (L.R.A.1917A, 1198, 129 C. C. A. 514, 213 Fed. 162) Wall v. Wile v. Wilson v. North Pacific S. S. Co., Clark v. North River Ins. Co., O'Brien v. Northrup Nat. Bank, Acme Coal Co. v. Northup v. Reese (L.R.A.1915F, 554, Fla. , 67 So. 136) Northwestern Iron Co. v. Industrial Com. (L.R.A.1916A, 366, 154 Wis. 97, 142 X. W. 271) Northwestern Jobbers' Credit Bureau, Brandenburg v. Northwestern Marble & Tile Co. v. Williams (L.R.A.1915D, 1077, 128 Minn. 514, 151 N. W. 419) Northwestern Mut. L. Ins. Co., Hicks v. Northwestern Trust Co., Green v. Simmons v. Northwest Loan & T. Co., Creditors' Claim & A. Co. v. Northwest Steel Co. v. School Dist. No. 1ft (L.R.A.1915F, 629, Or. , 148 Pac. 1134) Northwest Thresher Co. v. Herding (L.R.A. 1916F, 837, 126 Minn. 184, 148 N. W. 57) Norton, Crenshaw-Gary Lumber Co. v. Oklahoma Nat. L. Ins. Co. v. Norvell, State v. Nunn v. Ehlert (L.R.A.1915B, 87, 218 M 471, 106 X. E. 163) Nunnemaker v. Booten ( W. Va. ). See Booten v. Pinson. Nunnery v. Bailey (L.R.A.1917F, 548, Okla. , 166 Pac. 82) Nye, Jones v. Nygaard, State ex rel. Bundy v. 0. O'Brien, Fisher v. v. North River Ins. Co. (L.R.A.1917C, 722, 128 C. C. A. 618, 212 Fed. 103) v. Physicians' Hospital Asso. (L.R.A. 1917F, 741, Ohio St. , lift N. E. 975) Ocean Accident & G. Co. v. Industrial Acci- dent Commission (L.R.A.1917B, 336, Cal. , 159 Pac. 1041) Ocean Acci. & G. Corp., Gillen v. Oceanic Steam Nav. Co. v. Mellor (L.R.A. 1916B, 637, 233 U. S. 718, 58 L, . ed. 1171, 34 Sup. Ct. Rep. 754) Ockennan v. Woodward (L.R.A.1916A, 1005, 165 Ky. 752. 178 S. W. 1100) Ocklawaha River Farms Co. v. Young (L.R.A.1917F, 337, Fla. , 74 So. 644) O'Connell v. Merchants' & P. Dist. Teleg. Co. (L.R.A.1916D, 508, 167 Ky. 4GS, 180 S. W. 845) O'Connor, Re (L.R.A.1916D, 179, 271 III. 395, 111 X. E. 272) Arnold v. v. Knights & Ladies of Security (L.R.A.1917B, 897, Iowa, , 158 X. W. 761) O'Daniel v. Streeby (L.R.A.1915F, 634, 77 Wash. 414. 137 Pac. 1025) Odenbriet v. Utheim (L.R.A.iniOD. 421, Minn. , 154 X. W. 741) Oelwein, Irvine v. Ogallah Elevator Co. v. Harrison i L.R.A. 1916D, 777, 97 Kan. 289, 154 Pac, 1016) TABLE OF CASES. 499 O'Gara v. Dayton (L.R.A.1917E, 574, 175 Ky. 395, 194 S. W. 380) O'Hara, Stettler v. Ohio River R. Co., Briscoe Home Trustees v. Dulin v. Ohio Valley Electric R. Co., Perry v. v. Scott (L.R.A.1917C, 1038, 172 Ky. 183, 189 S. W. 7) Oil Co. v. Conner ( Okla. ). See Pu- laski Oil Co. v. Conner. O'Keefe, Re (L.R.A.1915A, 514, Mont. , 142 Pac. 638) Oklahoma City, De Long v. Oklahoma County, Hopper v. Oklahoma F. Ins. Co. v. Fay Mercantile Co. (L.R.A.1916C, 779, Okla. , 153 Pac. 127) Oklahoma Nat. L. Ins. Co. v. Norton (L.R.A. 1915E, 695, Okla. , 145 Pac. 1138) Oklahoma Portland Cement Co. v. Shepherd (L.R.A.1915E, 699, Okla. , 147 Pac. 1031) Oklahoma R. Co. v. Thomas (L.R.A.1917E, 405, Okla. , 164 Pac. 120) Oklahoma State Bank, Berry v. 0. K. Transfer & S. Co. v. Neill (L.R.A. 1917A, 58, Okla. , 159 Pac. 272) Olcott, McCamant v. Old, White v. Old Colony Trust Co., State v. Old Dominion Co., Hyams v. Oldfield, Re (L.R.A.1916D, 1260, Iowa, , 156 X. W. 977) Olds Co., Young Men's Christian Asso. v. Oleon v. Rosenbloom (L.R.A.1915F, 968, 247 Pa. 250, 93 Atl. 473) Olsen, Dern v. Hodgeman v. Olson v. Carlson (L.R.A.1915F, 13, 83 Wash. 415, 145 Pac. 237) Johnson v. Martyn v. v. Northern P. R. Co. (L.R.A.1915F, 962. 126 Minn. 229, 148 N. W. 67) Thornhill v. Omaha, Urbach v. Omaha & Council Bluffs Street R. Co., Gross v. Omaha Maternity & General Hospital Asso., Broz v. O'Meara v. Russell (L.R.A.1916E, 743, 90 Wash. 557, 156 Pac. 550) O'Neal v. Harrison (L.R.A.1915F, 1069, 96 Kan. 339. 150 Pac. 551) O'Neil v. Carley Heater Co. (L.R.A.1917A, 349. 218 X. Y. 414, 113 X. E. 406) O'Neill v. Central Leather Co. (L.E.A.1917A, 27fi. 87 X. J. L. 552. 94 Atl. 789) Opinion of Justices, Re (L.R.A.1917B, 1119, Mass. . 108 X. E. 807) Re (L.R.A.1917D, 286, N. H. , 99 Atl. 999) Opocensy v. South Omaha (L.R.A.1917E, 1170, Xeb. , 163 X. W. 325) Oppenheimer, Lhota v. Orange, Buchanan v. Ordean v. Grannis (L.R.A.1915B. 1149, 118 Minn. 117, 136 X. W. 575. 1026) Order of the Herman Sons, Koenigstein v. Oregon Hassam Pav. Co., Hyland v. Oregon Short Line R. Co., Tuder v. Orpheum Theatre & Realty Co., Russo v. Osage County, Clark v. Osborne, Rawleigh Medical Co. v. Osceola Consol. Min. Co., Conradsen v. O'Shea v. Farmers' Irrig. Dist. See State ex rel. O'Shea v. Farmers' Irrig. Dist. Oshkosh Waterworks Co. v. Railroad Com- mission (L.R.A.1916F, 592, 161 Wis. 122, P.U.R.1915D, 336, 152 X. W. 859) Osteen v. South Carolina Cotton Oil Co. (L.R.A.1916B, 629, S. C. , 86 S. E. 202) v. Southern R. Co. (L.R.A.1916A, 565, 101 S. C. 532, 86 S. E. 30) Oswego Falls Pulp & Paper Co. v. Stecher Lithographic Co. (L.R.A.1916B, 1257, 215 N. Y. 98, 109 N. E. 92) Otero De Burg v. Water Supply Co. See State ex rel. Otero De Burg v. Water Supply Co. Otis, American Nat. Ins. Co. v. Otis Elevator Co., Holt v. Ott, Archibald v. Gooding v. Ottenwess, Rouse v. Otterson, Tube City Min. & Mill. Co. v. Otter Tail Power Co., Mullen v. Ottley, Carlisle v. Ottumwa v. Nicholson (L.R.A.1916E, 983, 161 Iowa. 473. 143 N. W. 439) Owen, Swofford Bros. Dry Goods Co. v. Owens, Fitzpatrick v. Supreme Tribe of Ben Hur v. v. Way (L.R.A.1915E, 399, 141 Ga. 796, 82 S. E. 132) - Owosso Carriage & S. Co. v. Sweet (L.R.A. 1916B, 970, Tex. , 179 S. W. 257) Owsley, McMahon v. Oxweld Acetylene Co. v. Hughes (L.R.A. 1916B, 751, 126 Md. 437, 95 Atl. 45) P. Pabst v. Ferch (L.R.A.1915E, 822, 126 Minn. 58, 147 X. W. 714) Pabst Brewing Co., Flood v. Pacholder v. Rosenheim (L.R.A.1917D, 464, 129 Md. 455. 99 Atl. 672) Pacific Coast Casualty Co., May Creek Log- ging Co. v. Salo v. Pacific Coast Pipe Co., Sherman v. Pacific Co. v. Burckard (90 Wash. 221). See Peerless Pacific Co. v. Burck- hard. v. Industrial Acci. Commission ( Cal. ). See Southern P. Co. v. In- dustrial Acci. Commission. v. Pillsbury (170 Cal. 782). See South- ern Pacific Co. v. Pillsbury. v. Spring Valley Water Co. (173 Cal. 291). See Southern P. Co. v. Spring Valley Water Co. Pacific Electric R. Co!, Starck v. Pacific Exp. Co., Nooney v. Pacific Monthly Co., Putnam v. Pacific Mut. L. Ins. Co., Algoe v. 500 TABLE OF CASES. Pacific R. & Nav. Co., Long v. Pack v. Prudential Casualty Co. (L.R.A. 1916E, 952, Ky. , 185 S. W. 496) Packard, State ex rel. Linde v. Packard Motor Car Co., Cook v. Van Gorder v. Packet Co. v. Agnew (132 Tenn. 265). See Memphis & A. City Packet Co. v. Agnew. Packing Co. v. Mississippi River Power Co. ( Iowa> ). See Wissmath Packing Co. v.~ Mississippi River Power Co. Packwood v. Mendota Coal & Coke Co. (L.R.A.1915D, 911, Wash. , 146 Pac. 163) Padrick v. Great Northern R. Co. (L.R.A. 1915F, 1, 128 Minn. 228, 150 N. W. 807) Paducah Traction Co. v. Weitlauf (L.R.A. 1917F, 353, 176 Ky. 82, 195 S. W. 99) Pagano v. Cerri (L.R.A.1917A, 486, 93 Ohio St. 345, 112 N. E. 1037) Page v. Modern Woodmen of America (L.R.A.1916F, 438, 162 Wis. 259, 156 N. W. 137) Paine, Hall v. Paintsville, Bayes v. Palisades Interstate Park, Re (L.R.A.1916C; 641, 216 N. Y. 104, 110 N. E. 260) Palmer v. Albuquerque (L.R.A.1915A, 1106, - N. M. , 142 Pac. 929) v. Costello (L.R.A.1915A, 193, 41 App. D. C. 165) V. King (L.R.A.1916D, 278, 41 App. D. C. 419) v. Mansfield (L.R.A.1916C, 677, 222 Mass. 263, 110 N. E. 283) v. Niagara F. Ins. Co. (L.R.A.1917D, 871, N. J. Eq. , 100 Atl. 225) Palm Vacuum Cleaner Co. v. Bjornstad (L.R.A.1917C, 1012, Minn. , 161 N. W. 215) Paper Co. v. Industrial Com. (154 Wis. 105). See Nekoosa-Edwards Paper Co. v. Industrial Com. v. Paper Co. (223 Mass. 8). See Nashua River Paper Co. v. Hammermill Paper Co. Papineau, Carter v. Paragould Abstract & Real Estate Co. v. Coffman (L.R.A.1915B, 1006, 100 Ark. 582, 140 S. W. 730) Parish v. Yorkville (L.R.A.1915A, 282, 96 S. C. 24, 79 S. E. 635) Young Men's Christian Asso. v. Parish Bd. of School Directors, Herold v. Park v. Powledge (L.K.A.1917C, 1001, Ala. , 73 So. 483) Park City, Knoxville v. Parke, Davis & Co., La Veck v. Parker v. Dixon (L.R.A.1916E, 534, Minn. , 157 N. W. 583) Duncan v. Griffin & Son v. v. North America Acci. Ins. Co. (L.R.A. 1917D, 1174, W. Va. , 92 S. E. 88) Polk County v. Parker v. State (L.R.A.1916A, 1190, 132 Tenn. 327, 178 S. W. 438) State v. v. Treasurer and Receiver General. See Tyler v. Treasurer and Receiv- er General. Parker-Harris Co. v. Tate (L.R.A.1916F, 935, Tenn. , 188 S. W. 54) Parkerson, Hyman v. Parker Washington Co., Regan v. Parks v. Yost Pie Co. (L.R.A.1915C, 179, 93 Kan. 334, 144 Pac. 202) Parlin & 0. Implement Co. v. Moulden (L.R.A.1917B, 130, 142 C. C. A. 517, 228 Fed. Ill) Parman, Smith v. Parmenter v. Troup. See State ex rel. Parmenter v. Troup. Parrish v. Merchants & M. Sav. Bank (L.R.A.1917C, 548, Va. , 91 S. E. 135) v. Parrish (L.R.A.1915A, 576, Va. , 82 S. E. 119) Parsons v. Evans (L.R.A.1915D, 381, - Okla. , 145 Pac. 1122) v. Uvalde Electric Light Co. (L.R.A. 1916E, 960, 106 Tex. 212, 103 S. W. 1) Pasquotank & N. R. S. B. Co., Prichard v. Patents Co. v. Universal Film Mfg. Co. (243 U. S. 502). See Motion Picture Patents Co. v. Universal Film Mfg. Co. Patterson, Ex parte (L.R.A.1915F, 541, 94 Kan. 439. 146 Pac. 1009) v. Blatti (L.R.A.1916E, 896, -- Minn. , 157 N. W. 717) Hunter v. Jones v. v. Kasper (L.R.A.1915A, 1221, Mich. , 148 N. W. 690) Lindsley v. v. New Orleans, G. N. R. Co. (L.R.A. 1917E, 210, 127 La. 44, 53 So. 406) v. Peaslee-Gaulbert Co. (L.R.A.1917D, 882, 174 Ky. 47, 191 S. W. 670) St. Louis, I. M. & S. R. Co. v. v. Wallace (L.R.A.1915E, 662, Okla. , 147 Pac. 1034) Patterson Drug Co., Queen Ins. Co. v. Paul v. Atlantic Coast Line R. Co. (L.R.A. 1916B, 1079, N. C. , 87 S. E. 66) v. Stuckey (L.R.A.1917B, 888, Ark. , 189 S. W. 676) Paving Co. v. Clausen (90 Wash. 450). See State ex rel. Washington Pav. Co. v. Clausen, v. St. Paul ( Minn. ). See Barber Asphalt Paving Co. v. St. Paul. Pawlak v. Hayes (L.R.A.1017A. 392, 162 Wis. 503, 156 X. W. 464) Paxson, Re (L.R.A.1915C, 1009, 241 Pa. 452, 88 Atl. 673) Paylor v. United States (L.R.A.1915D, 682, 42 App. D. C. 428) Paytes v. State (L.R.A.1917C, 954, Tenn. , 191 S. W. 975) Peabody v. Boston (L.R.A.1915F, 1005, 220 Mass. 376, 107 N. E. 9f>2) v. Calhoun. See Crawford v. Seattle R. & S. R. Co. TABLE OF CASES. 501 Peabody, H. & Co. v. Calhoun. See Craw- ford v. Seattle, R. & S. R. Co. Peace, Hawksley v. Peacher Mill Co., Cumberland Teleph. & Teleg. Co. v. Pearce, Chicago, R. I. ,& P. R. Co. v. v. Commercial Teleph. & Teleg. Co. !?3e People ex rel. Pearce v. Com- mercial Teleph. & Teleg. Co. Pearson v. Great Southern Lumber Co. (L.R.A.1916F, 1247, 134 La. 117, 63 So. 759) Riley v. Pease, Bills v. Peaslee-Gaulbert Co., Patterson v. Peats Co., Hammett Co. v. Peck, State v. Pecos Valley & N. E. R. Co., Price v. Peek v. Northern P. R. Co. (L.R.A.1916B, 835, Mont. , 152 Pac. 421) . Peeler v. Railroad Co. See People ex rel. Peeler v. Chicago & E. I. R. Co. Peerless Pacific Co. v. Burckhard (L.R.A. 1917C, 353, 90 Wash. 221, 155 Pac. 1037) Peet v. Mills (L.R.A.1916A, 358, 76. Wash. 437, 136 Pac. 685) Pell, Hoskins v. Penas v. Cherveny (L.R.A.1917E, 655, 135 Minn. 427, 161 N. W. 150) Pendar v. H. & B. American Mach. Co. (L.R.A.1916A, 428, 35 R. I. 321, 87 Atl. 1) Pengilley, Kansas City v. Peninsula Produce Exchange, New York, P. & N. R. Co. v. Penn v. State (L.R.A.1917E, 668, Okla. Crim. Rep. , 164 Pac. 992) Pennington v. Fourth Nat. Bank (L.R.A. 1917F, 1159, 243 U. S. 269, 61 L. ed. 713, 37 Sup. Ct. Rep. 282) Pennsylvania Co., Darbrinsky v. Pennsylvania R. Co., Hall v. Hench v. Roman Catholic Church of St. Anthony v. Soriero v. Standard Combed Thread Co. v. v. Titus (L.R.A.1916E, 1127, 216 N. Y. 17, 109 N. E. 857. Penson v. Inland Empire Paper Co. (L.R.A. 1915F, 15, 73 Wash. 338, 132 Pac. 39) People, Aalholm v. v. Brazee (L.R.A.1916E, 1146, 183 Mich. 259, 149 N. W. 1053) ex rel. Webb v. California Safe Deposit & T. Co. (L.R.A.1915A, 299, Cal. , 141 Pac. 1181) ex rel. Fursman v. Chicago (L.R.A. 1917E, 1069, 278 111. 318, 116 N. E. 158) ex rel. Peeler v. Chicago & E. I. R. Co. (L.R.A.1915B, 486, 262 111. 492, 104 N. E. 831) v. Clair (L.R.A.1917F, 766, 221 N. Y. 108, 116 N. E. 868) v. Cole (L.R.A.1917C, 816, 219 N. Y. 98, 113 N. E. 790) ex rel. Pearce v. Commercial Teleph. & Teleg. Co. (L.R.A.1917D, 704, 277 111. 265, 115 N. E. 379) People v. Crane (L.R.A.1916D, 550, 214 N. Y. 154, 108 N. E. 427) Damas v. v. De Martini (L.R.A.1915F, 601, 213 N. Y. 203, 107 N. E. 501) use of Boulder, De Weese v. v. Duffy (L.R.A.1915B, 103, 212 N. Y. 57, 105 N. E. 839) on Complaint of Pugliese v. Ekerold (L.R.A.1915D, 223, 211 N. Y. 386, 105 N. E. 670) ex rel. Busching v. Ericsson (L.R.A. 1915D, 607, 263 111. 368, 105 N. E. 315) ex rel. Mather v. Field & Co. (L.R.A. 1915F, 937, 266 111. 609, 107 N. E. 864) ex rel. Gaskill v. Forest Home Cemetery Co. (L.R.A.1917B, 946, 258 111. 36, 101 N. E. 219) v. Forte (L.R.A.1916B, 924, 269 111. 505, 110 N. E. 47) v. Griswold (L.R.A.1915D, 538, 213 N. Y. 92, 106 N. E. 929) v. Grunland (L.R.A.1915E, 314, Mich. , 153 N. W. 4) v. Grutz (L.R.A.1915D, 229, 212 N. Y. 72, 105 N. E. 843) v. Guiton (L.R.A.1915A, 757, 210 N. Y. 1, 103 N. E. 773) v. Kane (L.R.A.1915F, 607, 213 N. Y. 260, 107 X..E. 655) Kenneally v. v. Lay (L.R.A.1917B, 608, Mich. , 159 N. W. 299) v. McClintic (L.R.A.1917C, 52, Mich. , 160 N. W. 461 ) v. Mendelson (L.R.A.1915C, 627, 264 111. 453, 106 N. E. 249) v. Miller (L.R.A.1917E, 797, 278 111. 490, 116 N. E. 131) v. Mueller (L.R.A.1915B, 788, Cal. , 143 Pac. 748) v. Perenchio (L.R.A.1915A, 901, Mich. , 148 N. W. 205) Perry v. ex rel. Dibelka v. Reinberg (L.R.A. 1915E, 401, 263 111. 536, 105 N. E. 715) Ryan v. v. Schmidt (L.R.A.1916D, 519, 216 N. Y. 324, 110 N. E. 945) v. Shaw (L.R.A.1915E, 87, 259 111. 544, 102 N. E. 1031) v. Shilitano (L.R.A.1916F, 1044, 218 N. Y. 161, 112 N. E. 733) ex rel. Thrasher v. Smith (L.R.A.1917B, 1075, 275 111. 256, 114 N. E. 31) ex rel. Empire State Dairy Co. v. Sohmer (L.R.A.1917A, 48, 218 N. Y. 199, 112 N. E. 755) ex rel. Harlem River & P. C. R. Co. v. State Bd. of Tax Comrs. (L.R.A. 1916B, 1222, 215 N. Y. 507, 109 N. E. 569) ex rel. New York, 0. & W. R. Co. v. State Bd. of Tax Comrs. (L.R.A. 1916B, 1225, 215 N. Y. 434, 109 N. E. 547) v. Thompson (L.R.A.1915D, 236, 212 N. Y. 249, 106 N. E. 78) 502 TABLE OF CASES. People v. Toland (L.R.A.1916E, 336, 217 N. Y. 187, 111 N. E. 760) v. Union Trust Co. (L.R.A.1915D, 450, 255 111. 168, 99 N. E. 377) v. Weiner (L.R.A.1916C, 775, 111. , 110 N. E. 870) People's Bank v. Insurance Co. of North America (L.R.A.1917D, 868, Ga. , 91 S. E. 684) Moreland v. People's Coal & Ice Co. v. District Court. See State ex rel. People's Coal & Ice Co. v. District Court. People's Furniture Co., Lehmann v. People's Land & Mfg. Co. v. Beyer (L.R.A. 1916B, 813, Wis. , 154 N. W. 382) People's Nat. Bank, Edison Electric Illumi- nating Co. v. People's Trust Co. v. Smith (L.R.A.1916B, 840, 215 N. Y. 488, 109 N. E. 561) Peppard, Maryland Casualty Co. v. Percival, Re (L.R.A.1917A, 1264, 139 La. 938, 72 So. 467) Percival-Porter Co., Cramblitt v. Pere Marquette R. Co., Murphy v. Perenchio, People v. Perkins v. Brown (L.R.A.1915F, 723, Tenn. , 177 S. W. 1158) v. Galloway (L.R.A.1916E, 1190, Ala. , 69 So. 875) v. Perkins (L.R.A.1917B, 1028, Mass. , 113 N. E. 841) State v. Perley v. Cambridge (L.R.A.1915E, 432, 220 Mass. 507, 108 N. E. 494) Perotti, Bogni v. Perry v. Ohio Valley Electric R. Co. (L.R.A. 1916D, 962, 72 W. Va. 282, 78 S. E. 692) v. People (L.R.A.1917D, 921, Colo. , 163 Pac. 844) v. Rochester Lime Co. (L.R.A.1917B, 1058, 219 N. Y. 60, 113 N. E. 529) v. Seaboard Air Line R. Co. (L.R.A. 1916E, 478, N. C. , 88 S. E. 156) v. Young (L.R.A.1917B, 385, 133 Tenn. 522. 182 S. W. 577) Persons v. Valley City (L.R.A.1916D, -1079, 26 N. D. 342, 144 N. W. 675) Petello v. Teutonia F. Ins. Co. (L.R.A. 1915D, 812, 89 Conn. 175, 93 Atl. 137) Petersburg Fire Brick & Tile Co. v. Ameri- can Clay Mach. Co. (L.R.A.1915B, 536, 89 Ohio St. 365. 106 X. E. 33) Peterson, Re (L.R.A.1916A, 469, Iowa, , 151 N. W. 66) v. United Workmen (L.R.A.1916F, 751, 36 S. D. 539, 156 N. W. 70) Pettit v. Probate Court. See State ex rel. Pettit v. Probate Court. Pfaelzer, Devine v. Pfanschmidt, Wall v. Pfarr v. Standard Oil Co. (L.R.A.1915C, 336, Iowa. , 146 X. W. 851) Pfrimmer, Wright v. Phelan v. Lacey (L.R.A.1916B. 786. Okla. , 151 Pac. 1070) Philadelphia, Howard v. Philadelphia & R. Coal & I. Co., Bagdon v. Philadelphia, B. & W. R. Co. v. Tucker (L.R.A.1915C, 39, 35 App. D. C. 123) Vermillion v. Philadelphia Rapid Transit Co., Frega v. Philips, Lambert v. Phillips v. Colvin (L.R.A.1915E, 875, Ark. , 169 S. W. 316) v. Gillis (L.R.A.1917A, 680, 98 Kan. 383, 158 Pac. 23) v. Joy Co. (L.R.A.1916E, 690, 114 Me. 403, 96 Atl. 727) United Railways & E. Co. v. v. Western U. Teleg. Co. (L.R.A.1917F, 489, Mo. , 195 S. W. 711) Phoenix Assur. Co. v. Eppstein (L.R.A.1917F, 540, Fla. ,75 So. 537) Phoenix Ins. Co. v. Banks (L.R.A.1915A, 860, Ark. , 169 S. \V. 233) Physicians' Hospital Asso., O'Brien v. Piedmont Trust Co., Woodruff v. Pierce, Attorney General ex rel. Burrill v. v. Boyer-Van Kuran Lumber & C. Co. (L.R.A.1916D, 970, Xeb. , 156 X. W. 509) Calkins v. Piercy v. Johnson City (L.R.A.1915F, 1029, 130 Tenn. 231, 169 S. W. 765) Pilcher v. Pilcher (L.R.A.1915D, 902, Va. , 84 S. E. 667) Pillsbury, Coronado Beach Co. v. Great Western Power Co. v. Kruse v. North Alaska Salmon Co. v. Southern Pacific Co. v. Pilot Mound Twp., Koloen v. Pingree, Escamilla v. Pingree Nat. Bank, Lewis v. Pinney & Boyle Co. v. Los Angeles Gas & Electric Corp. (L.R.A.1915C, 282, Cal. , 141 Pac. 620) Pinson v. Boo ten ( W. Va. ). See Booten v. Pinson. Booten v. v. Young (L.R.A.1917F, 621, 100 Kan. 452, 164 Pac. 1102) Pioneer Min. Co. v. Tyberg (L.R.A.1915B, 442, C. C. A. , 215 Fed. 501) Pitcher v. Standish (L.R.A.1917A, 105, 90 Conn. 601, 98 Atl. 93) v. Wolcott School Asso. (L.R.A.1917E, 1095, Colo. , 165 Pac. 608) Pittmans & D. Co., Theisen v. Pitts v. Pitts (L.R.A.1917E, 1172, Okla. , 164 Pac. 105) Pittsburg, C. C. & St. L. R. Co. v. Kinney (L.R.A.1917D, 641, Ohio St. , 115 X. E. 505) v. State (L.R.A.1915D, 458, 180 Ind. 245, 102 X. E. 25) Pittsburgh, Iron City Automobile Co. v. Planck, Farmers' Loan & T. Co. v. Plummer, Industrial Sav. & Loan Co. v. Plunkett, Car v. Delaney v. Green v. Hett v. Poccardi v. Public Service Com. (L.R.A. 1916A, 299, W. Va. , 84 S. E. 24-2 i Pocock, Mackall v. Poetker, United States Fidelity & G. Co. v. TABLE OF CASES. 503 Poindexter, Hill v. Pointer v. Mountain Railway Constr. Co. (L.R.A.1917B, 1091, Mo. , 189 S. W. 805) Point Pleasant, Cheesebrew v. Polk, Broom & Son v. Polk County v. Parker (L.R.A.1917B, 1176, - Iowa, , 160 N. W. 320) Pollard, State v. Pomeroy v. Rutherford (L.R.A.1916B, 1291, 80 Wash. 43, 141 Pac. 178) Pond v. Harrison (L.R.A.1916B, 1264, 96 Kan. 542, 152 Pac. 655) Poole v. Camden (L.R.A.1917E, 988, W. Va. , 92 S. E. 454) Freeman v. Kennedy v. Pooler v. Sargent Lumber Co. (L.R.A.1915F, 1125, Me. , 94 Atl. 754) Pope, Central Georgia Power Co. v. Futoransky v. v. New Haven (L.R.A.1917B, 1239, Conn. , 99 Atl. 51) Poplar Bluff, Hays v. Porizky v. Corless. See Saville v. Corless. Portland, Baggage & Omnibus Transfer Co. v. Reiff v. v. Western U. Teleg. Co. (L.R.A.1915D, 260, Or. , 146 Pac. 148) Portland Gas & C. Co., JEtna L. Ins. Co. v. v. Giebisch (L.R.A.1917E, 1092, Or. , 165 Pac. 1004) Portland Sav. Bank, Walker v. Port of Seattle v. Superior Court ( Wash. ). See State ex rel. Port of Seat- tle v. Superior Court. Postal Teleg.-Cable Co., Corcoran v. Gardner v. Poteet, Raleigh County Bank v. Potter, Re (L.R.A.1916A, 637, 249 Pa. 158, 94 Atl. 465) Zielinski v. Potts v. Crudup (L.R.A.1916B, 672, Okla. , 150 Pac. 170) Powe, State v. Powell v. Berry (L.R.A.1917A, 306, 145 Ga. 696, 89 S. E. 753) Com. ex rel. Mother's Assistance Fund v. Power Co. v. Pillsbury ( Cal. ). See Great Western Power Co. v. Pills- bury. v. Pope (141 Ga. 186). See Central Georgia Power Co. v. Pope. Powers v. Cook (L.R.A.1915F, 766, Okla. , 149 Pac. 1121) v. Journeymen Bricklayers' Union No. S (L.R.A.1915E, 1006, 130 Tenn. 643, 172 S. W. 284) Powledge, Park v. Pratt, Birmingham R., Light & Power Co. v. Consolidation Coal Co. v. Prentiss v. Dittmer (L.R.A.1917B, 191, 93 Ohio St. 314, 112 X. E. 1021) Prest-0-Lite Co. v. Heiden (L.R.A.1915F, 945, 219 Fed. 845) Preston v. Moore (L.R.A.1916C, 578, Tenn. , 180 S. W. 320) Prevulsky, Maddy v. Price, Re (L.R.A.1917E, 544, Minn. , 162 N. W. 454) Price v. Goldsboro Twp. (L.R.A.1917A, 992, X. C. , 8'J S. E. 1066) v. Gunn (L.R.A.1915C, 158, Ark. , 170 S. W. 247) v. Pecos Valley & N. E. R. Co. (L.R.A. 1915B, 827, 15 N. M. 348, 110 Pac. 565) v. Salisbury (L.R.A.1917D, 520, 41 Okla. 416, 138 Pac. 1024) v. United States (L.R.A.1915D, 1070, 132 C. C. A. 1, 218 Fed. 149) Prichard v. Freeland Oil Co. (L.R.A.1915D, 1186, W. Va. , 84 S. E. 945) v. Pasquotank & N. R. S. B. Co. (L.R.A. 1916A, 961, N. C. , 86 S. E. 171) Prince, State v. Prineville, Booth v. Pritchard, Coons v. Probate Ct., People ex rel. Graff v. State ex rel. Minnesota Loan & T. Co. v. State ex rel. Pettit v. Produce Co. v. Pulley ( Utah, ). See Hughes Produce Co. v. Pulley. v. Schreiner ( Okla. ). See Farm- ers' Produce Co. v. Schreiner. Producers' Oil Co., Nabors v. Progressive Wall Paper Corp., Re (L.R.A. 1916E, 563, 29 Fed. 489) Proutt, Walton v. Provident Sav. L. Assur. Soc. v. Kentucky (L.R.A.1916C, 572, 239 U. S. 103, 60 L. ed. 167, 36 Sup. Ct. Rep. 34) Prudential Casualty Co., Pack v. Prudential Coal Co., State v. Prudential Ins. Co., Suravitz v. Pruitt, Hinkle & Edelen v. Prussian Nat. Ins. Co. v. Lawrence (L.R.A. 1915E, 489, 221 Fed. 931) Public Service Com., Benwood v. Chesapeake & 0. R. Co. v. De Constantin v. Poccardi v. Rose v. Woodburn v. Public Service Corp., Ballantine & Sons v. Public Service Gas Co. v. Public Utility Commission (L.R.A.1917B, 930, N. J. , P.U.R.1915E, 251, 94 Atl. 634) Public Service R. Co., Miller v. Public Utilities Commission, Federal Min. & Smelting Co. v. Murray v. Shafor v. Public Utility Commission, Public Service Gas Co. v. Publishing Co., Re (240 Fed. 849). See In- dependent Pub. Co. v. Johnson Realty Co. ( W. Va. ). See Welch Pub. Co. v. Johnson Realty Co. v. McNichols ( Mo. ). See Pulit- zer Pub. Co. v. McXichols. Pueblo v. Lukens (L.R.A.1917E, 699, Colo. , 164 Pac. 1164) Puffer, Merton v. Puget Sound Traction, Light, & Power Co., Rice v. Stotts v. 504 TABLE OF CASES. Pugh v. Crawford (L.R.A.1917F, 345, Iowa, , 156 N. W. 892) Pulaski Oil Co. v. Conner (L.R.A.1917C, 1190, Okla. , 162 Pac. 464) Pulitzer Pub. Co. v. McNichols (L.R.A.1916C, 1148, Mo. , 181 S. W. 1) Pulley, Hughes Produce Co. v. Pullman, Hoyt v. Pul'man Co., Armstrong v. Pulp & Paper Co. v. Lithographic Co. (215 X. Y. fS). See Oswego Falls Pulp & Paper Co. v. Stecher Lithographic Co. Puritan Cordage Mills, Samson Cordage Works v. Puritan Trust Co., Allen v. Purity Water Co., Wagner v. Purvis v. Shuman (L.R.A.1917A, 121, 273 111. 286, 112 N. E. 679) Putnam, McDaniel v. v. Pacific Monthly Co. (L.R.A.1915F, 782, 68 Or. 54, 136 Pac. 835) Trefry v. Puyliese v. Ekerold. See People on Com- plaint of Puyliese v. Ekerold. Pytus v. Smith (L.R.A.1915A, 285, Wash. , 141 Tac. 203) Q. Quaker Realty Co. v. Starkey (L.R.A.1913D, 176, 136 La. 28, 66 So. 386) Queen Ins. Co. v. Patterson Drug Co. (L.R.A. 1917D, 1091, Fla. , 74 So. 807) Queensborough Land Co. v. Cazeaux (L.R.A. 1916B, 1201, 136 La. 724, 67 So. 641) Quereau Co., Shultz v. Talcott v. Quilling, Desha Bank & T. Co. v. Quincy Mut. F. Ins. Co. v. International Trust Co. (L.R.A.1915B, 725, 217 Mass. 370, 104 N. E. 845) R. Radley v. Le Ray Paper Co. (L.R.A.1915E, 1199, 214 N. Y. 32, 108 N. E. 86) Radney v. Ashland (L.R.A.1917E, 366, Ala. , 75 So. 25) Rae, Hill v. Ragan, Sanders v. Raich, Truax v. Railroad Commission v. Alabama 6. S. R. Co. (L.R.A.1915D, 98, 185 Ala. 354, 64 So. 13) v. Illinois C. R. Co. ( Miss. ). See Mississippi R. Com. v. Illinois C. R. Co. Louisville & N. R. Co. (L.R.A.1915E, 902, 140 Ga. 817, 80 S. E. 327) Milwaukee Electric R. & Light Co. v. Oshkosh Waterworks Co. v. Wisconsin Teleph. Co. v. Railroad Co. v. Allen ( Fla. ). See Louisville & N. R. Co. v. Allen, v. Ashley (169 Ky. 330). See Louis- ville & N. R. Co. v. Ashley. v. Ashton-Whyte-Skillicorn Co. ( Utah, ). See Denver & R. G. R. Co. v. Ashton-Whyte-Skillicorn Co. Railroad Co. v. Bell ( Okla. ). See St. Louis & S. F. R. Co. v. Bell. v. Bombolis (241 U. S. 211). See Min- neapolis & St. L. R. Co. v. Bombolis. v. BUddendorff ( Miss. ). See Gulf & Ship Island R. Co. v. Budden- dorff. v. Buffalo (218 N. Y. 259). See New York C. & H. R. R. Co. v. Buffalo. v. Chatman (244 U. S. 276). See Nor- folk S. R. Co. v. Chatman. v. Cole ( Okla. ). See St. Louis & S. F. R. Co. v. Cole. v. Comley (173 Ky. 469). See Louis- ville & N. R. Co. v. Comley. v. Commonwealth (171 Ky. 355). See Louisville & N. R. Co. v. Common- wealth. v. Cooper (164 Ky. 489). See Louis- ville & N. R. Co. v. Cooper. v. Coronas (230 Fed. 545). See Ameri- can R. Co. v. Coronas. v. Crawford ( Miss. ). See Yazoo & M. V. R. Co. v. Crawford. v. Creal ( Ky. ). See Kentucky Highlands R. Co. v. Creal. v. Dougherty ( Ky. ). See Louis- ville & N. R. Co. v. Dougherty. v. Doyle ( Colo. ). See Denver & R. G. R. Co. v. Doyle. v. Dreyfus (42 Okla. 401). See St. Louis & S. F. R. Co. v. Dreyfus. v. Electric Co. (219 Mass. 85). See New York, C. & H. R. R. Co. v. Central Massachusetts Electric Co. v. Fitts (40 Okla. 685). See St. Louis & S. F. R. Co. v. Fitts. v. Fulgham (181 Fed. 91). See Mid- land Valley R. Co. v. Fulgham. v. Caddie (162 Ky. 205). See Louis- ville & N. R. Co. v. Caddie. v. Gelvin (238 Fed. 14). See Chicago, B. & Q. R. Co. v. Gelvin. v. George (233 U. S. 354). See Tennes- see C. I. & R. Co. v. George. v. Goode (4*2 Okla. 784). See St. Lou- is & S. F. R. Co. v. Goode. v. Grace ( Wyo. ). See Union P. R. Co. v. Grace. v. Greenwald (104 Miss. 417). See Mo- bile & 0. R. Co. v. Greenwald. v. Hawkins ( Miss. ). See Illinois C. R. Co. v. Hawkins. v. Hinds (134 Tcnn. 293). See Lewis- bursj & N. R. Co. v. Hinds. v. Holcombe ( Okla. ). See Ft. Smith & W. R. Co. v. Holcombe. v. Hooker (233 U. S. 97). See Boston & M. R. Co. v. Hooker. - v. Johnson (168 Ky. 351). See Louis- ville & N. R. Co. v. Johnson. v. Kane (124 Md. 231). See Baltimore & O. R. Co. v. Kane. v. Kitchens (142 Ga. 677). See Colum- bus R. Co. v. Kitchens. v. Kraft (156 Ky. 66). See Louisville & I. R. Co. v. Kraft. Y. Lawson (161 Ky. 39). See Louis- ville & N. R. Co. v. Lawson. v. Lumber Co. (134 La. 788). See Lou- isir.ua & N. W. R. Co. v. Athens Lumber Co. TABLE OF CASES. 505 Railroad Co. v. McWilliams ( Miss. ). See Mississippi Central R. Co. v. McWilliams. v. Manufacturing Co. (166 N. C. 168). See Raleigh, C. & S. R. Co. v. Meck- lenburg Mfg. Co. v. Marlin (135 Tenn. 435). See Louis- ville & N. R. Co. v. Marlin. v. Maxwell (237 U. S. 94). See Louis- ville & N. R. Co. v. Maxwell. v. Moody ( Ala. ). See Tennessee Coal, I. & R. Co. v. Moody. v. Newsome ( Ga. ). See Columbus R. Co. v. Newsome. v. Peninsula Produce Exchange (240 U. S. 34). See New York, P. & N. R. Co. v. Peninsula Produce Ex- change. v. Rogers (162 Ky. 535). See Illinois C. R. Co. v. Rogers. v. Sanderson (175 Ky. 11). See Illi- nois C. R. Co. v. Sanderson. v. Sanford ( Okla. ). See St. Lou- is & S. F. R. Co. v. Sanford. v. Scott ( Miss. ). See Yazoo & M. V. R. Co. v. Scott. v. Seran ( Okla.). See Fort Smith & W. R. Co. v. Seran. v. State (238 U. S. 491). See Chicago, M. & St. P. R. Co. v. State. v. State Bd. of Tax Comrs. (215 N. Y. 507). See People ex rel. Harlem River & P. C. R. Co. v. State Bd. of Tax Comrs. v. Steinberg ( Ohio St. ). See Erie R. Co. v. Steinberg. v. Stephenson (43 Okla. 676). See St. Louis & S. F. R. Co. v. Stephen- son. v. Surety Co. (113 Me. 465). See Maine C. R. Co. v. National Sure- ty Co. v. Telephone Co. (163 Ky. 415). See Louisville & N. R. Co. v. Russell- vine Home Teleph. Co. V. Titus (216 N. Y. 17). See Pennsyl- vania R. Co. v. Titus. v. Toomer ( Okla. ). See Midland Valley R. Co. v. Toomer. v. Traction Co. ( Miss. ). See Mis- sissippi C. R. Co. v. Hattiesburg Traction Co. v. Trust Co. (123 C. C. A. 72). Sec Havana C. R. Co. v. Central Trust Co. V. Trust Co. (198 N. Y. 422). See Havana C. R. Co. v. Knickerbocker Trust Co. v. Tucker (35 App. D. C. 123). See Philadelphia, B. & W. R. Co. v. Tucker. v. United States (127 C. C. A. 61). See Spokane & I. E. R. Co. v. United States. v. Vizvari (126 C. C. A. 632). See New York, N. H. & H. R. Co. v. Vizvari. v. Welshman (229 Fed. 82). See Dela- ware, L. & W. R. Co. v. Welshman. v. White (243 U. S. 188). See New York C. R. Co. v. White. v. Whitley (237 U. S. 487). See Spo- kane & I. E. R. Co. v. Whitley. Railroad Co. v. Williams (165 Ky. 386). See Louisville & N. R. Co. v. Wil- liams. v. Young (118 C. C. A. 465). See Cen- tral R. Co. v. Young. Railway & Electric Co. v. Leader Co. (125 Ark. 418). See Little Rock R. & E. Co. v. Leader Co. Railway & Light Co. v. Railroad Com. (153 Wis. 592). See Milwaukee Electric R. & Light Co. v. Railroad Com. v. Vangilder (132 Tenn. 487). See Knoxville R. & Light Co. v. Van- gilder. Railway & Nav. Co. v. Baton Rouge Brick- yard (136 La. 833). See Louisiana R. & Nav. Co. v. Baton Rouge Brickyard. Railway Co. v. Arey ( Tex. ). See St. Louis S. W. R. Co. v. Arey. v. Ashinger ( Okla. ). See Mis- souri, K. & T. R. Co. v. Ashinger. v. Austin ( Okla. ). See* Chicago, R. I. & P. R. Co. v. Austin. v. Bailey ( Ga. ). See Southern R. Co. v. Bailey. v. Bates ( Ala. ). See Southern R. Co. v. Bates. v. Bellamy (113 Ark. 384). See St. Louis. I. M. & S. R. Co. v. Bellamy. v. Blackshear ( Tex. ). See Trini- ty & B. V. R. Co. v. Blackshear. v. Blackwell (244 U. S. 310). See Sea- board Air Line R. Co. v. Black- well. v. Bradshaw (37 Okla. 317). See Mis- souri, K. & T. R. Co. v. Bradshaw. v. Buckhannon River Coal & Coke Co. ( W. Va. ). See Coal & Coke R. Co. v. Buckhannon River Coal & Coke Co. v. Cantrell ( Okla. ). See St. Louis, I. M. & S. R. Co. v. Can- trell. v. Capital Trust Co. (242 U. S. 144). See Great Northern R. Co. v. Capi- tal Trust Co. v. Clark (235 U. S. 669). See Arizona &.N. M. R. Co. v. Clark. v. Covington (235 U. S. 537). See South Covington & C. Street R. Co. v. Covington. v. Craft (115 Ark. 483). See St. Louis, I. M. & S. R. Co. v. Craft. v. De Vore (43 Okla. 534). See Chica- go, R. I. & P. R. Co. v. De Vore. v. Dott (161 Ky. 759). See Louisville R. Co. v. Dott. V. Eastham ( Ky. ). See Cincin- nati, N. O. & T. P. R. Co. v. East- ham. v. Ellis ( Okla. ). See Missouri, K. & T. R. Co. v. Ellis. v. Fidelity & D. Co. ( Minn. ). See Duluth Street R. Co. v. Fidelity & D. Co. v. Friend (159 Ky. 778). See Chesa- peake & 0. R. Co. v. Friend. v. Fugatt ( Okla. ). See Kansas City, M. & 0. R. Co. v. Fugatt. v. Galvin ( Okla. ). See Chicago, R. I. & P. R. Co. v. Galvin. 506 TABLE OF CASES. Railway Co. v. Gosnell ( S. C. ). See Charleston & W. C. R. Co. v. Gos- nell. . v. Griffin (106 Tex. 477). See St. Louis S. W. R. Co. v. Griffin. v. Harman ( C. C. A. ). See Great Northern R. Co. v. Harman. v. Harris (234 U. S. 412). See Mis- souri, K. & T..R. Co. v. Harris. v. Hatchett (174 Ky. 463). See South- ern R. Co. v. Hatchett. v. Horton (233 U. S. 492). See Sea- board A. L. R. Co. v. Horton. v. Hubble (140 Ga. 368). See Nash- ville, C. & St. L. R. Co. v. Hubble. v. Humphreys (107 Ark. 330). See Chi- cago, R. I. & P. R. Co. v. Hum- phreys. v. Industrial Board (273 111. 528). See Chicago, R. I. & P. R. Co. v. In- dustrial Board. v. Jackson ( Ark. ). See St. Louis, I. M. & S. R. Co. v. Jackson. v. Kelly (241 U. S. 485). See Chesa- peake & O. R. Co. v. Kelly. v. Kendall ( Ark. ). See St. Louis S. W. R. Co. v. Kendall. v. Kinney ( Ohio St. ). See Pitts- burgh, C. C. & St. L. R. Co. v. Kinney. v. McNabb ( Tenn. ). See South- ern R. Co. v. McNabb. v. Mason (169 Ky. 699). See Chesa- peake & 0. R. Co. v. Alason. v. Matukas ( Okla. ). See Chica- go, R. I. & P. R. Co. v. Matukas. v. Medley ( Okla. ). See Chicago, R. I: & P. R. Co. v. Medley. v. Miller Levee District (123 C. C. A. 88). See St. Louis S. W. R. Co. v. Miller Levee District. v. Morton County (32 N. D. 627). See Northern Pacific R. Co. v. Morton County. v. Mullin. ( Fla. ). See Seaboard Air Line R. Co. v. Mullin. V. Patterson ( Ark. ). See St. Louis, I. M. & S. R. Co. v. Patter- son. v. Pearce ( Ark. ). See Chicago, R. I. & P. R. Co. v. Pearce. v. Public Service Commission. (75 W. Va. 100). See Chesapeake & O. R. Co. v. Public Service Commission. v. Rankin (241 U. S. 319). See Cincin- nati, N. O. & T. P. R. Co. v. Ran- kin. v. Rapid Transit Co. ( Tenn. ). See Memphis Street R. Co. v. Rap- id Transit Co. v. Richland County ( N. D. ). See Northern P. R. Co. v. Richland County. v. Richter (20 N. M. 278). See Atchi- son, T. & S. F. R. Co. v. Richter. V. Roddy (132 Tenn. 568). See Cin- cinnati, N. O. & T. P. R. Co. v. Roddy. v. Schuler ( Ind. ). See Cleveland, C. C. & St. L. R. Co. v. Schuler. v. Scott (172 Ky. 183). See Ohio Val- ley Electric R. Co. v. Scott. Railway Co. v. Shewalter (128 Tenn. 363). See Carolina, C. & O. R. Co. v. She- waiter. v. Sproul (99 Kan. 608). See Missouri P. R. Co. v. Sproul. v. Stannard (99 Kan. 720). See Atchi- son, T. & S. F. R. Co. v. Stannard. v. State ( Okla. ). See Chicago, R. I. & P. R. Co. v. State. v. State (180 Ind. 245). See Pitts- burgh, C. C. & St. L. R. Co. v. State. v. State ( Tenn. ). See Southern R. Co. v. State. v. State ex rel. McCue (236 U. S. 585). See Minneapolis, St. P. & S. Ste. M. R. Co. v. McCue. v. State ex rel. McCue (236 U. S. 585). See Northern P. R. Co. v. State ex rel. McCue. v. State Bd. of Tax Comrs. (215 N. Y. 434). See People ex rel. New York, O. & W. R. Co. v. State Bd. of Tax Comrs. v. Steel ( Ark. ). See St. Louis, I. M. & S. R. Co. v. Steel. v. Stone (34 Okla. 364). See Chicago, R. I. & P. R. Co. v. Stone. v. Stratton (131 Tenn. 620). See Mem- phis Street R. Co. v. Stratton. v. Tackitt (167 Ky. 756). See Sandy Valley & E. R. Co. v. Tackitt. v. Tapley" ( Ga. ). See Georgia & F. R. Co. v. Tapley. v. Telegraph Co. (230 Fed. 347). See Northern Pacific R. Co. v. North American Teleg. Co. v. Thomas ( Okla. ). See Oklaho- ma R. Co. v. Thomas. v. Tukey ( Ark. ). See St. Louis, I. M. & S. R. Co. v. Tukey. v. United States (129 C. C. A. 514). See Northern P. R. Co. v. United States. v. United States ( C. C. A. ). See Great Northern R. Co. v. United States. v. Vaughan (118 Va. 692). See South- ern R. Co. v. Vaughan. v. Vosburg (238 U. S. 56). See Atchi- son, T. & S. F. R. Co. v. Vosburg. v. Watkins ( Ark. ). See Chicago, R. I. & P. R. Co. v. Watkins. v. Way ( S. D. ). See Minnesota, D. & P. R. Co. v. Way. v. Wooden Ware Co. (159 Wis. 130). See Minneapolis, St. P. & S. Ste. M. R. Co. v. Menasha Wooden Ware Co. Railway, Light, & Power Co. v. Pratt ( Ala. ). See Birmingham R., Light & Power Co. v. Pratt. Railway Mail Asso. v. Dent (L.R.A.1915A, 314, C. C. A. , 213 Fed. 981) Railways & Electric Co. v. Phillips ( Md. ). See United Railways & E. Co. v. Phillips. Rainey v. Grace & Co. (L.R.A.1916A, 1149, 132 C. C. A. 509, 216 Fed. 449) Rainier v. Masters (L.R.A.1016E, 1175, Or. , 154 Pac. 426) TABLE OF CASES. 507 Rains v. Weiler (L.R.A.1917F, 571, Kan. , 166 Pac. 235) Raleigh, C. & S. R. Co. v. Mecklenburg Mfg. Co. (L.R.A.1916A, 1079, 166 N. C. 168, 82 S. E. 5) Raleigh Coal & Coke Co., Humphreys v. Raleigh County Bank v. Poteet (L.R.A. 1915B, 928, W. Va. , 82 S. E. 332) Rail Grain Co. v. Missouri P. R. Co. (L.R.A. 1916C, 429, 94 Kan. 446, 146 Pac. 1180) Ramlow v. Moon Lake lea Co. (L.R.A. 1916F, 955, Mich. , 158 N. W. 1027) Rammage v. Kendall (L.R.A.1916C, 1295, Ky. , 181 S. W. 631) Rampon v. Washington Water Power Co. (L.R.A.1917C, 998, Wash. , 162 P.ac. 514) Ramsey, Milwaukee Mechanics' Ins. Co. v. Ramstad v. Carr (L.R.A.1916B, 1160, 31 N. D. 504,. 154 N. W. 195) Randall, Turner v. . Rankin, Cincinnati, N. 0. & T. P. R. Co. v. Ransom v. New York, C. & St. L. R. Co. (L.R.A.1916E, 704, Ohio St. , 112 N. E. 586) Van Ness v. v. Wickstrom (L.R.A.1916A, 588, 84 Wash. 419. 146 Pac. 1041) Rapid Transit Co., Memphis Street R. Co. v. Rasmusson v. Dubuque F. % M. Ins. Co. See Rasmusson v. North Coast F. Ins. Co. V. North Coast F. Ins. Co. (L.R.A. 1915C, 1179. Wash. , 145 Pac. 610) Raspberry, Market Nat. Bank v. Rast v. Van Deman & L. Co. (L.R.A.1917A, 421, 240 U. S. 342, 60 L. ed. 679, 36 Sup. Ct. Rep. 370) Ratchford v. Cayuga County Cold Storage & W. Co. (L.R.A.1916E, 615, 217 N. Y. 565, 112 N. E. 447) Ratcliffe, Re (L.R.A.1917C, 188, 139 La. 996, 72 So. 713) Rathman v. New Amsterdam Casualty Co. (L.R.A.1915E, 980, Mich. , 152 N. W. 983) Rathskeller Co., United Iron Works v. Raub v. Lehigh Valley R. Co. (L.R.A.1915F, 838, N. J. , 94 Atl. 567) Rawleigh Medical Co. v. Osborne (L.R.A. 1917B, 803, Iowa, , 158 N. W. 566) Stewart v. Rawson, Rusmisell v. Ruth v. Ray v. Missouri, K. & T. R. Co. (L.R.A. 1916D, 1046, 96 Kan. 8, 149 Pac. 397) Rayburn, State v. Raymond v. Leishman (L.R.A.1915A, 400, 243 Pa. 64, 89 Atl. 791) Raymond Light & W. Co., Raymond Lum- ber Co. v. Raymond Lumber Co. v. Raymond Light & W. Co. (L.R.A.1917C, 574, 92 Wash. 330, P.U.R.1916F, 437, 159 Pac. 133) Rayner v. Sligh Furniture Co. (L.R.A.1916A, 22, 180 Mich. 168, 146 N. W. 665) Reader v. Farriss (L.R.A.1916D, 672, Okla. , 153 Pac. 678) Realty Co. v. Schinasi (215 N. Y. 495). See Acme Realty Co. v. Schinasi. v. Starkey (136 'La. 28). See Quaker Realty Co. v. Starkey. Rebillard v. Minneapolis, St. P. & S. Ste. M. R. Co. (L.R.A.1915B, 953, C. C. A. , 216 Fed. 503) Record v. Ellia (L.R.A.1916E, 654, 97 Kan. 754, 156 Pac. 712) Redick, Homan v. Reed, Anderson v. Smith v. Reese v. Abeles (L.R.A.1917E, 747, 100 Kan. ' 518, 164 Pac. 1080) Northup v. Reeve v. Northern P. R. Co. (L.R.A.1915C, 37, Wash. , 144 Pac. 63) Reeves, Chatfield Co. v. Reeves & Co. v. Russell (L.R.A.1915D, 1149, 28 N. D. 265, 148 N. W. 654) Refining Co. v. Hayne (138 La. 555). See Gulf Refining Co. v. Hayne. v. Lathrop ( Okla. ). See Colonial Refining Co. v. Lathrop. Reformed Protestant Dutch Church v. Madi- son Ave. Bldg. Co. (L.R.A.1915F, 651, 214 N. Y. 268, 108 N. E. 444) Regan v. Parker Washington Co. (L.R.A. 1915F, 810, 123 C. C. A. 648, 205 Fed. 692) Rehmel v. Board of Supervisors (L.R.A. 1916B, 897, Iowa, , 154 N. W. 596) Reib, Grigsby v. Reid, Re (L.R.A.1916F, 394, App. D. C. ) Reiff v. Armour & Co. (L.R.A.1915A, 1201, 79 Wash. 48, 139 Pac. 633) Bausbach v. v. Portland (L.R.A.1915D, 772, 71 Or. 421, 141 Pac. 167, 142 Pac. 827) Reilly v. Connable (L.R.A.1916A, 954, 214 N. Y. 586, 108 N, E. 853) Reinberg, People ex rel. Dibelka v. Reineke, State v. Reithel, Re (L.R.A.1916A. 304, 222 Mass. 163, 109 N. E. 951) Reliable Mut. Hail Ins. Co. v. Rogers (L.R.A. 117B, 350, Okla. , 160 Pac. 914) Removich v. Bambrick Bros. Construction Co. (L.R.A.1917E, 233, 264 Mo. 43, 173 S. W. 686) Render v. Lillard (L.R.A.1917B, 1061, Okla. , 160 Pac. 705) Renschler v. State ex rel. Hogan (L.R.A. 1915D, 501, Ohio St. , 107 N. E. 758) Republic Iron & Steel Co. v. Self (L.R.A. 1915F, 516, Ala. , 68 So. 328) Ressell v. McKenna. See Hamilton v. Mc- Kenna. Reutkemeier v. Nolte (L.R.A.1917D, 273, Jovva, , 161 N. W. 290) Revelle, Cox v. Reynolds v. Day (L.R.A.1916A, 432, 79 Wash. 499, 140 Pac. 681) 508 TABLE OF CASES. Reynolds v. Garber-Buick Co. (L.R.A.1915C, 36-2, Mich. , 149 X. W. 985) v. Sevier (L.R.A.1915E, 593, 165 Ky. 158, 176 S. W. 961) Rhad v. Duquesne Light Co. (L.R.A.1917D, 864, 255 Pa. 409, 100 Atl. 262) Rhode Island Co., Cam-popiano v. Gagnon v. Greene v. Lyon v. Rhodes Bros. Co. v. Musicians' Protective Union, Local No. 198 (L.R.A.1915E, 1037, R. I. , 92 Atl. 641) Rice v. Harrington (L.R.A.1916E, 356, R. I. , 94 Atl. 736) v. Klette (L.R.A.1917B, 45, 149 Ky. 787, 149 S. W. 1019) v. Puget Sound Traction, Light & Power Co. (L.RJL1915A, 797, Wash. , 141 Pac. 191) Richards v. District School Bd. (L.R.A. 1916C, 789, Or. , 153 Pac. 482) Rowe v. v. Washington Terminal Co. (L.R.A. 1915A, 887, 233 U. S. 546, 58 L. ed. 1088, 34 Sup. Ct. Rep. 654) v. Whisman (36 S. D. 260). See State ex rel. Richards v. Whisman. Richardson, Holman v. Shaefier v. State v. Richland County, Northern P. R. Co. v. Richmond, Com. v. Richter, Atchison, T. & S. F. R. Co. v. v. Granite Mfg. Co. (L.R.A.1916A, 504, Tex. , 174 S. W. 284) Ricks, State v. Ridge v. Norfolk S. R. Co. (L.R.A.1917E, 215, 167 X. C. 510, 83 S. E. 762) Tebeau v. Ridge Ave. Bank, Farmers' & M. Nat. Bank v. Ridgeway v. Modern Woodmen of America (L.R.A.1917A, 1062, 98 Kan. 240, 157 Pac. 1191) Ridout, Duvall v. Rieger & Co. v. Knight (L.R.A.1916E, 1277, Md. , 97 Atl. 358) Ries, State ex rel. Coburn v. Riggle v. Brodigan. See State ex rel. Riggle v. Brodigan. v.Lens (L.R.A.1915A, 150, Or. , 142 Pac. 346) Riley v. JEtna Ins. Co. (JL.R.A.1917E, 983, W. Va. , 92 S. E. 417) Biddle v. v. Pearson (L.R.A.1916D, 7, 120 Minn. 210, 139 X. W. 361) v. State (L.R.A.1915A, 1041, Miss. , 65 So. 882) Ringer, Marlow v. Rippetoe, Lillienkamp v. Risting v. Sparboe (L.R.A.1917E, 318, I OW&) _, 162 N. W. 592) Ritchey, Commonwealth v. Ritchie, Hill v. Rittenhouse, Smith v. Ritter Lumber Co., Boyd v. v. Lowe (L.R.A.1916E, 718, 75 W. Va. 714, 84 S. E. 566) Ritzmann v. Campbell (L.R.A.1916E, 1251, Ohio St. , 112 X. E. 591) | Riverside Heights Orange Growers' Asso., Stebler v. Riverside Irrigation Co. v. Cadwell (L.R.A. 1916F, 724, X. M. , 158 Pac. 644) Robertson, Ex parte (L.R.A.1915E, 691', Xev. , 149 Pac. 182) v. Moore (L.R.A.1915D, 496, 168 X. C. 388, 84 S. E. 351) Roberts v. Bennett (L.R.A.1916C, 1098, Ky. , 179 S. W. 605) Conrad v. Lamb v. v. Roberts (L.R.A.1917C, 1140, Minn. , 161 N. W. 148) Roberts County, Minneapolis Threshing Mach. Co. v. Robertson v. Freebury (L.R.A.1916B, 883, Wash. , 152 Pac. 5) Robinovitz v. Hamill (L.R.A.1915D, 981, Okla. , 14"4Pac. 1024) Robinson v. Baltimore & 0. R. Co. (L.R.A. 1915D, 510, 40 App. D. C. 169) v. Brotherhood of Railroad Trainmen (L.R.A.1917E, 995, W. Va. , 92 S. E. 730) Lee Line Steamers v. v. Robinson (L.R.A.1915B, 1071, N. J. , 92 Atl. 94) v. Robinson (L.R.A.1916B, 919, Wash. , 151 Pac. 1128) v. Southern R. Co. (L.R.A.1915B, 621> 40 App. D. C. 549) v. State (L.R.A.1915E, 1215, Fla. , 68 So. 649) Robinson & Co. v. Douglas County (L.R.A. 1915C, 922, 88 Xeb. 363, 129 X. W. 548) Robinson Constr. Co., Baltimore v. Robison v. Fishback (L.R.A.1917B, 1179, 175 Ind. 132, 93 X. E. 666) Rochester v. Gutberlett (L.R.A.1915D, 209, 211 X. Y. 309, 105 X. E. 548) Rochester Lime Co., Perry v. Rock v. Ekern (L.R.A.1916D, 459, 162 Wis. 291, 156 X. W. 197) v. Travelers' Ins. Co. (L.R.A.1916E, 1196, Cal. . 156 Pac. 1029) Rockland-Rockport Lime Co. v. Leary (L.R.A.1916F, 352, 203 X. Y. 469, 97 N. E. 43) Rocky Mount, Hines v. Roddy, Cincinnati, N. 0. & T. P. R. Co. Y. v. United Mine Workers (L.R.A.1915D, 789, 41 Okla. 621, 139 Pac. 126) Roden v. Williams (L.R.A.1917A, 415, Xeb. , 158 N. W. 360) Roebling's Sons Co. v. Southern Power Co. (L.R.A.1915B, 900, Ga. , 83 S. E. 138) Roebuck v. Atchison, T. & S. F. R. Co (L.R.A.1917E, 741, 99 Kan. 544, 162 Pac. 1153) Roedenbeck, Macy v. Roemer v. Schmidt Brewing Co. (L.R.A. 1916E, 771, Minn. , 157 X. W. 640) Rogers, Re (L.R.A.1917A, 16S, 245 Pa. 206, 91 Atl. 351) v. Atlantic, G. & P. Co. (L.R.A.1916A, 787, 213 X. Y. 246, 107 X. E. 661) TABLE OF CASES. 509 Rogers v. Fancy Farm Teleph. Co. (L.R.A. 1916D, 186, 160 Ky. 841, 170 S. W. 178) Illinois C. R. Co. v. Irwin v. v. Maine C. R. Co. (L.R.A.1915F, 1184, Me. , 94 Ath 758) Reliable Mut. Hail Ins. Co. v. v. Rogers (L.R.A.1915A, 1137, 93 Kan. 114, 143 Pac. 410) v. State (L.R.A.1915B, 1125, Neb. , 149 N. W. 318) State v. Rohan v. Johnson (L.R.A.1916E, 64, N. D. , 156 N. W. 936) Roller v. Murray (L.R.A.1915F, 984, 71 W. Va. 161, 76 S. E. 172) Rollwage, Melville v. Romana v. Boston Elevated R. Co. (L.R.A. 1915A, 510, 218 Mass. 76, 105 N. E. 598) Roman Catholic Church of St. Anthony v. Pennsylvania R. Co. (L.R.A.1915E, 623, 125 C. C. A. 620, 207 Fed. 897) Roofing & Ceiling Co. v. Gaspard ( Ohio St. _). See Cleveland Metal Roof- ing & Ceiling Co. v. Gaspard. Roquette, Sunshine Cloak & Suit Co. v. Rose, Burton v. Hall v. v. Northern P. R. Co. (L.R.A.1915B, 166, Wash. , 143 Pac. 145) v. Public Service Commission (L.R.A. 1915B, 358, W. Va. , 83 S. E. 85) Sackett v. State v. Rosenbloom, Oleon v. Rosenheim, Pacholder v. Safe Deposit & Trust Co. v. Rosenstock, Whipple v. Rosenthal v. Insurance Co. of N. A. (L.R.A. 1915B, 361, 158 Wis. 550, 149 N. W. 155) Rosignol, Bell v. Ross v. Erickson Constr. Co. (L.R.A.1916F, 319, 89 Wash. 634, 155 Pac. 153) v. Kohler (L.R.A.1915D, 621, 163 Ky. 583, 174 S. W. 36) v. Sanderson (L.R.A.1917C, 879, Okla. , 162 Pac. 709) v. Sisters of Charity of The Incarnate Word (L.R.A.1917F, 260, La. , 75 So. 425) Rossman v. Georgia Railway & P. Co. (L.R.A.1917C, 483, Ga. , 91 S. E. 90) State v. Rostad v. Thorsen (L.R.A.1917D, 1170, Or. , 163 Pac. 423) Roswell v. Bateman (L.R.A.1917D, 365, 20 X. M. 77, 146 Pac. 950) Rott v. Goehring (L.R.A.1916E, 1086, N. D. . 157 N. W. 294) Rouse v. Ottenwess (L.R.A.1915B, 148, 126 C. C. A. 90, 208 Fed. 881) Rowe, Litz v. v. Richards (L.R.A.1915E, 1069, 32 S. D. 66. 142 X. W. 664) v. Richards (L.R.A.1915E. 1075, S. D. , 151 N. W. 1001) Rowland, Hobbs v. Rowlett, Moore v. Royal Arcanum v. Green (L.R.A.1916A, 771, 237 U. S. 531, 59 L. ed. 1089, 35 Sup. Ct. Rep. 724)' v. Vitzthum (L.R.A.1917A, 179, 128 Md. 523, 97 Atl. 923) Royal Casualty Co., Sykes v. Royal League, Anderson v. R. P. K. Pressed Metal Co., Low v. Rubber Co. v. Benedict (215 X. Y. 18). See General Rubber Co. v. Benedict, v. Engineering Co. ( Wash. ). See United States Rubber Co. v. Wash- ington Engineering Co. v. Johnson (133 Tenn. 562). See Coop- er Rubber Co. v. Johnson. Rubin, Granite Building Corp. v. Ruge v. Ruge (L.R.A.1917F, 721, Wash. , 165 Pac. 1063) v. Webb Press Co. (L.R.A.1916F, 446, Fla. , 71 So. 627) Ruh, Com. ex rel. Atty. Gen. v. Rumetsch v. Wanamaker (L.R.A.1916C, 1243, 216 X. Y. 379, 110 X. E. 760) Rumpf, Neill Co. v. Runkles, Mount Airy Milling & Grain Co. v. Runyan v. Culver (L.R.A.1916F, 3, 168 Ky. 45, 181 S. W. 640) Rupp, State v. Ruppert, Heitz v. v. McArdle (L.R.A.1915C, 846, 42 App. D. C. 392) Ruse v. State (L.R.A.1917E, 726, Ind. , 115 N. E. 778) Rusmisell v. Rawson. See Rusmisell v. White Oak Stave Co. v. White Oak Stave Co. (L.R.A.1917F, 453, W. Va. , 92 S. E. 672) Russell, Griffin v. v. Lambert (L.R.A.1915B, 20, 14 Idaho, 284, 94 Pac. 54) O'Meara v. Reeves & Co. v. Russellville Home Teleph Co., Louisville & N. R. Co. v. Russo v. Orpheum Theatre & Realty Co. (L.R.A.1915B, 1119, La. , 66 So. 385) Ruston, Union Ice & Coal 'Co. v. Ruth v. Rawson. See Rusmisell v. White Oak Stave Co. v. Witherspoon-Englar Co. (L.R.A. 1916E, 1201, Kan. , 157 Pac. 403) Rutherford v. Holbert (L.R.A.1915B, 221, Okla. , 142 Pac. 1099) Pomeroy v. Ryan v. Boston Letter Carriers' Mut. Ben. Asso. (L.R.A.1916C, 1130, 222 Mass. 237, 110 X T . E. 281) v. Humphries (L.R.A.1915F, 1047, Okla. , 150 Pac. 1106. v. People (L.R.A.1917F, 646, 60 Colo. 425, 153 Pac. 756) S. Sackett v. Rose (L.R.A.1916D, 820, Okla. , 154 Pac. 1177) Saco Grange, Patrons of Husbandry, No. 53, Graffam v. 510 TABLE OF CASES. Safe Deposit & T. Co. v. Diamond Coal & Coke Co. (L.R.A.1917A, 596, 234 Pa. 100, 83 Atl. 54) v. Rosenhejm. See Pacholder v. Rosen- heim. Safe Deposit Co. v. New York (210 X. Y. 34). See Lincoln Safe Deposit Co. v. New York. Safford v. Safford (L.R.A.1916F, 526, 224 Mass. 392, 113 N. E. 181) Sagal v. Fylar (L.R.A.1915E, 747, 89 Conn. 293, 93 Atl. 1027) St. Germain v. Bakery & Confectionery Workers' International Union, No. 9 (L.R.A.1917F, 824, Wash. , 166 Pac. 665) St. Joseph Water Co. v. Eastin ( Mo. ). See State ex rel. St. Joseph Water Co. v. Eastin. v. Geiger. See State ex rel. St. Joseph Water Co. v. Geiger. St. Louis, Eyermann v. v. St. Louis, I. M. & S. R. Co. (L.R.A. 1916D, 713, 266 Mo. 694, 182 S. W. 750) St. Louis & S. F. R. Co. v. Bell (L.R.A. 1917A, 543, Okla. , 159 Pac. 336) v. Cole (L.R.A.1915F, 866, Okla. , 149 Pac. 872) v. Dreyfus (L.R.A.1915D, 547, 42 Okla. 401, 141 Pac. 773) v. Fitts (L.R.A.1916C, 348, 40 Okla. 685, 140 Pac. 144) v. Goode (L.R.A.1915E, 1141, 42 Okla. 784, 142 Pac. 1185) Hale v. Harrison v. Hunt v. v. Sanford (L.R.A.1916C, 400, Okla. , 153 Pac. 650) v. Stephenson (L.R.A.1916E, 966, 43 Okla. 676, 144 Pac. 387) St. Louis Club, State ex inf. Harbey v. St. Louis, I. M. & S. R. Co. v. Bellamy (L.R.A.1915D, 91, 113 Ark. 384, 169 S. W. 322) v. Cantrell (-L.R.A.1917D, 980, Okla. , 164 Pac. 110) v. Craft (L.R.A.1916C, 817, 115 Ark. 483, 171 S. W. 1185) Hydrick v. v. Jackson (L.R.A.1915E, 668, Ark. , 177 S. W. 33) Matthews v. v. Patterson. See St. Louis, I. M. & S. R. Co. v. Jackson. St. Louis v. Schaad v. v. Steel (L.R.A.1915F, 1114, Ark. , 178 S. W. 320) v. Tukey (L.R.A.1915E, 320, Ark. , 175 S. W. 403) St. Louis Lodge No. 9 v. Koeln (L.R.A. 101 5C, 694, Mo. , 171 P. W. 320) St. Louis Min. & Mill. Co., Somerville v. St. Louis S. W. R. Co. v. Arey I L.R.A. 1016B, Id,;.-), Tex. , 170 S. W. 860) v. Griffin (L.R.A.1917B, 1108, 106 Tex. 477. 171 S. W. 703) St. Louis S. W. R. Co. v. Kendall (L.R.A. 1915F, 8, Ark. , 169 S. W. 822) v. Miller Levee District (L.R.A.1916F, 1181, 125 C. C. A. 88, 207 Fed. 338) St. Martin v. New York, N. H. & H. R. Co. (L.R.A.1916D, 1035, 89 Conn. 405, 94 Atl. 279) St. Nicholas Church v. Kropp (L.R.A.1917D, 741, 135 Minn. 115, 160 X. W. 500) St. Paul, Barber Asphalt Paving Co. v. Briglia v. Byrne v. v. Chicago, M. & St. P. R. Co. ( Minn. ). See State ex rel. St. Paul v. Chicago, M. & St. P. R. Co. v. Great Northern R. Co. (L.R.A.1017F, 485, Minn. , 163 X. W. 788) Hillstrom v. St. Paul F. & M. Ins. Co. v. Beacham (L.R.A. 1916F, 1168, 128 Md. 414, 97 Atl. 708) Christison v. Valley Mercantile Co. v. St. Paul Gaslight Co., Manning v. Sales Co. v. Manciet ( Or. ). See Na- tional Sales Co. v. Manciet. Salisbury, Price v. Sally v. Whitney Co. (L.R.A.1916D, 764, Wash. , 154 Pac. 1089) Salmi v. Columbia & N. R. R. Co. (L.R.A. 1915D, 834, Or. , 146 Pac. 819) Salmon, Morgan v. Salmon Co. v. Pillsbury ( Cal. ). See North Alaska Salmon Co. v. Pills- bury. Salo v. Pacific Coast Casualty Co. (L.R.A. 1917D, 613. Wash. , 163 Pac. 384) Salomon v. North British & M. Inc. Co. (L.R.A.1917C. 106, 215 X. Y. 214, 109 X. E. 121) Salt Lake & 0. R. Co., Conway v. Salt Lake City, Warm Springs Co. v. Samson Cordage Works v. Puritan Cordage Mills (L.R.A.1915F, 1107, 128 C. C. A. 203. 211 Fed. 603) Samuels, Hughes v. Sanders v. Chesapeake & 0. R. Co. (L.R.A. 1916F, 551, 169 Ky. 47, 183 S. W. 234) Menar v. v. Ragan (L.R.A.1017B. 681. X. C. . 90 S. E. 777) State v. v. Wise (L.R.A.1015B, 353, W. Va. , 83 S. E. 77 i Sanders Ice Cream Co., State v. Sanderson, Illinois C. R. Co. v. Ross v. Sandoval, Gulp v. Sands v. Linch (L.R.A. 1916E. 204. 122 Ark. 03. 182 S. W. 561) Linch v. Sandusky Portland Cement Co. v. Dixon Pure Ice Co. (L.R.A.1915E, 1210, 221 Fed. 200 ) Sandy Valley & E. R. Co. v. Tackitt (L.R.A. 1016D. 445, 167 Ky. 756, 181 S. W. 840| Sanford, New Orleans v. St. Louis & S. F. R. Co. v. San Pedro, L. A. & S. L. R. Co., Griffin T. TABLE OF CASES. 511 Santa Barbara County v. More (L.R.A. 1917F, 385, Cal. , 164 Pac. 895) Sarbach, Fidelity & D. Co. v. Sargent Lumber Co., Pooler v. Saulman v. Nashville (L.R.A.1915E, 316, 131 Tenn. 427, 175 S. W. 532) Sauset, Tamm v. Sauvage, Re (L.R.A.1917D, 426, 140 La. 619, 73 So. 702) Savage, Howard Coal Co. v. Savannah v. Jordan (L.R.A.1915C, 741, 142 Ga. 409, 83 S. E. 109) Saville v. Corless (L.R.A.1916A, 651, Utah, , 151 Pac. 51) Savings & Bkg. Co. v. Walker Bin Co. ( Ohio St. ) . See Elyria Savings & Bkg. Co. v. Walker Bin. Co. Savings & L. Asso. v. Anthony Wholesale Grocery Co. ( Okla. ). See Standard Sav. & L. Co. v. Anthony Wholesale Grocery Co. Savings & Loan Co. v. Beats ( Okla. ). See Midland Savings & Loan Co. v. Beats. v. Plummer ( X. J. ). See In- dustrial Sav. & Loan Co. v. Plum- mer. Savings Bank, Loewe v. Savings L. Assur. Soc. v. Kentucky (239 U. S. 103). See Provident Sav. L. Assur. Soc. v. Kentucky. Sawyer v. Boston & M. R. Co. See Gage v. Boston & M. R. Co. Ferebee v. Lenderink- v. State v. v. Wilkinson (L.R.A.1915B, 295, 166 N. C. 497, 82 S. E. 840) Sayre, Alleman v. Scanlan v. La Coste (L.R.A.1915F, 664, Colo. , 149 Pac. 835) Schaad v. St. Louis, I. M. & S. R. Co. (L.R.A.1917D, 481, Ark. , 193 S. W. 270) Schaller, Humes v. Schancupp, Kilday v. Schantz, Valentino v. Scheib, Allen v. Schell v. Du Bois (L.R.A.1917A, 710, Ohio St. , 113 N. E. 664) Schenck v. School District No. 34 (L.R.A. 1917D, 880, 100 Kan. 389, 164 Pac. 169) Schenk v. Ann Arbor (L.R.A.1917F, 684, Mich. , 163 X. W. 109) Schieffelin v. Komfort (L.R.A.1915D, 485, 212 N. Y. 520, 106 X. E. 675) Schinasi, Acme Realty Co. v. Schlau v. Enzenbacher (L.R.A.1915C, 576, 265 111. 626, 107 N. E. 107) Schlechter v. Felton (L.R.A.1917A, 556, Minn. , 158 N. W. 813) Schmidt, People v. Schmidt Brewing Co., Halloran v. Roemer v. Schneider, Hurt v. v. Shepherd (L.R.A.1916F, 399, Mich. , 158 N. W. 182) Schneider Wholesale Wine & Liquor Co., Diederich v. School Dist. No. 2, Waterman-Waterbury Co. v. School Dist. No. 16, Northwest Steel Co. v. School District No. 34, Schenck v. School District No. 55, National Union F. Ins. Co. v. School Sisters of Notre Dame v. Kusnitt (L.R.A.1916D, 792, 125 Md. 323, 93 Atl. 928) Schoonover v. Baltimore & 0. R. Co. (L.R.A. 1917F, 1, 69 W. Va. 560, 73 S. E. 266) Schreiner, Farmers' Produce Co. v. Schreyer, Lambrecht v. Schroeder, Lankford v. Schroetke v. Jackson-Church Co. (L.R.A. 1917D, 64, Mich. , 160 N. W. 383) Schuler, Cleveland, C. C. & St. L. R. Co. v. Schull, Kaw Boiler Works v. Schultze, Tax Lien Co. v. Schwantes v. Atchison, T. & S. F. R. Co. See Ireton v. Atchison, T. & S. F. R. Co. Schwartz v. Black (L.R.A.1915D, 898, 131 Tenn. 360, 174 S. W. 1146) Schwren v. Falls (L.R.A.1916B, 1235, N. C. , 87 S. E. 49) Scotillo v. Water Supply Co. See People ex rel. Scotillo v. Water Supply Co. Scott v. Couch (271 111. 395). See O'Connor, Re. v. Mclntyre Co. (L.R.A.1915D, 139, 93 Kan. 508, 144 Pac. 1002) Mob erg v. Ohio Valley Electric R. Co. v. State v. v. State (L.R.A.1917F, 1107, 37 N. D. 90, 163 N. W. 813) v. Waggoner (L.R.A.1916C, 491, 48 Mont. 536, 139 Pac. 454) Yazoo & M. V. R. Co. v. Secular, Frew v. Scown v. Czarnecki (L.R.A.1915B, 247, 264 111. 305, 106 N. E. 276) Scrimger, American Agri. Chemical Co. v. Scriven v. Lebanon (L.R.A.1917C, 460, 99 Kan. 602, 162 Pac. 307) Sea, Mengel Box Co. v. Seaboard Air Line R. Co. v. Blackwell (L.R.A.1917F, 1184, 244 U. S. 310, 61 L. ed. 1160, 37 Sup. Ct. Rep. 640) Causey v. Cave v. Dooley v. v. Horton (L.R.A.1915C, 1, 233 U. S. 492, 58 L. ed. 1062, 34 Sup. Ct. Rep. 635) v. Mullin (L.R.A.1916D, 982, Fla. , 70 So. 467) Perry v. Whitman v. Williams v. Seaman, Re (L.R.A.1917A, 40, 218 N. \, 77, 112 N. E. 576) Kansas City v. Seattle, Jacobs v. v. Superior Court ( Wash. ). See State ex rel. Port of Seattle v. Su- perior Court. Whittlesey v. 512 TABLE OF CASES. Seattle Brewing & M. Co., Stratford, The v. Seattle, R. & S. R. Co., Crawford v. Seby, Lynn v. Second Ave. Invest. Co., Glidden v. Security L. Ins. Co. v. Eades (L.R.A.1917D, 1198, 152 Ky. 577, 153 S. W. 989) Security Mut. L. Ins. Co., Harris v. v. Little (L.R.A.1917A, 475, 119 Ark. 498, 178 S. W. 418) Stanyan v. Security Trust & Sav. Bank v. Gleichmann (L.R.A.1915F, 1203, Okla. , 150 Pac. 908) Security Trust Co. v. Edwards (L.R.A. 1917F, 273, N. J. , 101 Atl. 384) Sedlock v. Carr Coal Mining & Mfg. Co. (L.R.A.1917B, 372, 98 Kan. 680, 159 Pac. 9) Seeck v. Jakel (L.R.A.1915A, 679, Or. , 141 Pac. 211) Seitner Dry Goods Co., Blair v. Selden-Breck Constr. Co., Wright v. Selengut, State v. Self, Republic Iron & Steel Co. v. Selma Cotton Mills, Starling v. Selwyn & Co. v. Waller (L.R.A.1915B, 160, 212 N. Y. 507, 106 N. E. 321) Seran, Fort Smith & W. R. Co. v. Serio v. American Brewing Co. (L.R.A. 1917E, 516, La. , 74 So. 998) Settlemyer, Woodle v. Seufferlein, Biggs v. Seven Cases v. United States (LJl.A. 1916D, 164, 239 U. S. 510, 60 L. ed. 411, 36 Sup. Ct. Rep. 190) Several Parcels of Land, State v. Sevier, Reynolds v. Sewerage and Water Board, Forman v. Sewer Improvement Dist. No. 1 v. Fiscus (L.R.A.1917D, 682, Ark. , 193 S. W. 521) Shackley v. Homer (L.R.A.1915C, 993, 87 Xeb. 146, 127 N. W. 145) Chade v. Hayes (L.R.A.1915D, 271, S. D. , 151 N. W. 42) Shaeffer v. Richardson (L.R.A.1915E, 186, 125 Md. 88, 93 Atl. 391) Von Arx v. Shafer v. Tacoma Eastern R. Co. (L.R.A. 1916F, 114, Wash. , 157 Pac. 485) Shafor v. Public Utilities Commission (L.R.A.1917E, 1080, 94 Ohio St. 230, 113 N. E. 809) Shanks v. Delaware, L. & W. R. Co. (L.R.A. 1916C, 797, 239 U. S. 556, 60 L. ed. 436, 36 Sup. Ct. Rep. 188) Sharp v. Sharp (L.R.A.1917F, 562, Okla. , 166 Pac. 175) Southwestern Teleg. & Teleph. Co. v. Sharpless v. Ancient Order of United Work- men (L.R.A.1917B. 670. Minn. , 159 N. W. 1086) Sharrow v. Inland Lines (L.R.A.1915E, 1192, 214 X. Y. 101, 108 X. E. 217) Shaw v. Cole Mfg. Co. (L.R.A.1916B. 706, 132 Tenn. 210, 177 S. W. 479) v. Ingram-Day Lumber Co. (L.R.A. 1915D, 145, 152 Ky. 329, 153 S. W. 431) Jerome v. Shaw, People v. State v. v. Webb (L.R.A.1915D, 1141, 131 Tenn. 173, 174 S. W. 273) Shawnee County, Kimball Co. v. Shawnee Gas & E. Co., Motsenbocker v. Shawnee Milling Co. v. Kansas Postal Teleg.-Cable Co. (L.R.A.1917F, 844, Kan. , 166 Pac. 493) Shea v. Gavitt (L.R.A.1916A, 689, 89 Conn. 359, 94 Atl. 360) Shears, Tubbs v. Sheat v. Lusk (L.R.A.1916F, 1021, Kan. , 159 Pac. 407) Sheehy Co. v. Eastern Importing & Mfg. Co. (L.R.A.1916F, 810, 44 App. D. C. 107) Shelby, Cunningham v. Shellabarger Elevator Co. v. Illinois C. R. Co. (L.R.A.1917E, 1011, 278 111. 333, 116 N. E. 170) Shellaberger, Boutell v. Shellenberger v. State (L.R.A.1915C, 1163, Neb. , 150 N. W. 643) Shepard v. Brewer (L.R.A.19171), 199, 248 Mo. 133, 154 S. W. 116) Shepherd, Oklahoma Portland Cement Co. v. Schneider v. Sheppard & Enoch Pratt Hospital, Loeffler v. Sherman v. Pacific Coast Pipe Co. (L.R.A. 1917A, 716, Okla. , 159 Pac. 333) Sherman's Sons Co., Donahue v. Sherrard, Hutton v. Shewalter, Carolina, C. & O.'R. Co. v. Shilitano, People v. Shinn v. Shinn (L.R.A.1916E, 618, W. Va. , 88 S. E. 610) Shinsky v. Tracey (L.R.A.1917C, 1053, - Mass., 114 N. E. 957) Shoe Co. v. Hardin ( W. Va. ). See Brown Shoe Co. v. Hardin. Shotwell v. Sioux Falls Sav. Bank (L.R.A. 1915A, 715, S. D. , 147 X. W. 288) Shovel Co. v. Holt & Jeffery (79 Wash. 361). See Fairbanks Steam Shovel Co. v. Holt. Shreveport Gas, E. L. & P. Co., Wolff v. Shubert, Woollcott v. Shultz v. Quereau Co. (L.R.A.1915E, 986, 210 X. Y. 257, 104 X. E. 621) Shuman v. Citizens State Bank (L.R.A. 1915A, 728, 27 N. D. 599, 147 N. W. 388) Purvis v. Shutan, Dye v. Sibley v. State (L.R.A.1916C, 1087, 89 Conn. 682, 96 Atl. 161) Sidler, Zinn v. Sigler v. Sigler (L.R.A.1917A, 725, 98 Kan. 524, 158 Pac. 864) . Silk Dyeing Co. v. East Jersey Water Co. (88 N. J. L. 273). See Auger & S. Silk Dyeing Co. v. East Jersey Water Co. Silliman v. International L. Ins. Co. (L.R.A. 1915F. 707, 131 Tenn. 303, 174 S. W. 1131) Silvey, Davenport v. Sim, Davis v. TABLE OF CASES. 513 Simmons v. Gardner (L.R.A.1915D, 16, 46 Wash. 282. 89 Pac. 887) v. Northwestern Trust Co. (L.R.A. 1917F, 736, Minn. , 162 N. W. 450) Simpson v. Bulkley (L.R.A.1917C, 494, La. , 73 So. 691) v. Du Pont Powder Co. (L.R.A.1915E, 430, Ga. , 85 S. E. 344) v. Tootle, Wheeler & Motter Mercantile Co. (L.R.A.1915B, 1221, Okla. , 141 Pac. 448) Sims, Laird v. Simson, Herbert v. Sinclair v. Lincoln (L.R.A.1917E, 842, Neb. , 162 N. W. 488) Sioux City Foundry & Mfg. Co. v. Merten (L.R.A.1916D, 1247, Iowa, , 156 N. W. 367) Sioux Falls Sav. Bank, Shotwell v. Sire, Miller v. Sisters of Charity of The Incarnate Word, Ross v. Sitz, Travis v. Skaggs, Dotson v. Skagit State Bank v. Moody (L.R.A.1916A, 1215, 86 Wash. 286, 150 Pac. 425) Skinner v. Thomas (L.R.A.1916E, 338, N. C. , 87 S. E. 976) Slagle v. Crise (L.R.A.1917D, 551, 129 Md. 443, 99 Atl. 666) Slater v. Atchison, T. & S. F. R. Co. (L.R.A. 1916F, 949, 91 Kan. 226, 137 Pac. 943) Slatersville Finishing Co. v. Greene (L.R.A. 1917F, 585, R. I. , 101 Atl. 226) Sleichter v. Kroger. See Miller,' Re. Slette, Larson v. Sligh Furniture Co., Rayner v. Slinger v. Totten (L.R.A.1917C, 539, S. D. , 160 N. W. 1008) Sloan, Wood v. Sloan State Bank v. Stoddard & Son (L.R.A. 1917A, 1261, Iowa, , 159 N. W. 636) Sluder v. National Americans (L.R.A.1917F, 631, Kan. , 166 Pac. 482) Smalhvood, Brown v. v. York (L.R.A.1915D, 577, 163 Ky. 139, 173 S. W. 380) Smartt, Craig County v. Smeltzer v. Ford City (L.R.A.1915C, 700, 246 Pa. 560, 92 Atl. 702) Smith, American Zinc Co. v. Baird y. v. Buffum (L.R.J..1917D, 894, Mass. , 115 N. E. 669) v. Burns (L.R.A.1915A, 1130, Or. , 142 Pac. 352) v. Cincinnati, N. 0. & T. P. R. Co. (L.R.A.1917C, 543, 136 Tenn. 282, 189 S. W. 367) Com. v. v. Driscoll (L.R.A.1917C, 1128, Wash. , 262 Pac. 572) Farmers' Mut. Equity Ins. Soc. v. Finley v. Franks v. v. Fuller (L.R.A.1916C, 6, 86 Ohio St. 57, 99 X. E. 214) v. Holovtchiner (L.R.A.1017E, 331, Xeb. . 162 X. W. 630) L.R.A. Tri. Index ] 915-17. 33. Smith v. Illinois C. R. Co. (L.R.A.1917F, 1033, Iowa, , 158 N. W. 546) v. Johnson 4 S. W. 486) ex rel. Fishback v. Globe Casket & Un- dertaking Co. (L.R.A.1915B, 976, Wash. , 143 Pac. 878) Goins v. v. Gounagias (L.R.A.1916C, 581, Wash. , 153 Pac. 9) ex rel. McLaughlin v. Graves (L.R.A. 1915C, 259, Or. , 144 Pac. 48-1) Griffin v. v. Haffer (L.R.A.1917C, 610, Wash. , 162 Pac. 45) Hall v. Harris, v. v. Hart (L.R.A.1917F, 985, X*. J. , 101 Atl. 278) ex rel. Lathrop v. Hauptly (L.R.A. 1915F, 920, Wash. 149 Pac. 705) ex rel. McCain, Haymaker v. v. Healy (L.R.A.1917D, 726, Minn. . 161 X*. W. 590) v. Helderle (L.R.A.1916F, 735, Mo. , 186 S. W. 696) v. Hemrich (L.R.A.1917B. 962, Wash. , 161 Pac. 79) ex rel. Turner v. Henderson (L.R.A. 1917F, 770, Ala. . 74 So. 344) v. Hessenius (L.R.A.1915A, 1078, Iowa, , 146 X. W. 58) ex rel. Lattanner v. Hills (L.R.A.1917B, 684, Ohio St. , 113 X. E. 1045) Hippie v. ex rel. Kimberlite D. M. & W. Co. v. Hodges (L.R.A.1916F, 122, 114 Ark. 155, 169 S. W. 942) v. Holloway (L.R.A.1915F, 922, N. M. , 146 Pac. 1066) v. Holmes (L.R.A.1916E, 1104, Kan. , 157 Pac. 412) use of Cross County, Hooten v. ex rel. Lachtman v. Houghton (L.R.A. 1017F, 1050, 134 Minn. 226, 158 X T . W. 1017) Howard v. ex rel. Brown v. Howell (L.R.A.1916D, 1007. 134 Tenn. 93. 183 S. W. 517) ex rel. Timothy v. Howse ( L.R.A.] 916D, 1090, 134 Tenn. 67. 183 S. W. 510) Hunt v. TABLE OF CASES. 517 State v. Hunter (L.R.A.1916C, 566, Minn. , 154 N. W. 1083) Hunter v. v. Hutchinson Ice Cream Co. (L.R.A. 1917B, 198, 168 Iowa, 1, 147 N. W. 195) ex rel. Aultman v. Ice (L.R.A.1915D, 288, W. Va. , 84 S. E. 181) v. Independence Gas Co. (L.R.A.1917D, 1070, 99 Kan. 671, 163 Pac. 148) ex rel. Munding v. Industrial Commis- sion (L.R.A.1916D, 944, 92 Ohio St. 434, 111 N. E. 299) Jackson v. v. Jacotson (L.R.A.1916E, 1180, Or. , 157 Pac. 1108)' v. Jensen (L.R.A.1917C, 455, Iowa, , 160 N. W. 832) Jones v. Kane v. v. Karri (L.R.A.1916F, 90, 51 Mont. 157, 149 Pac. 956) v. Keeler (L.R.A.1916E, 472, Mont. , 156 Pac. 1080) v. Keet (L.R.A.1917C, 60, Mo. , 190 S. W. 573) Kennedy v. v. Kennedy (L.R.A.1915F, 656, N. C. , 85 S. E. 42) Kerby v. Key v. v. Kibbey. See State v. Miller. Kinnane v. Kitto v. ex rel. Brewster v. Knapp (L.R.A. 1917C, 1034, 99 Kan. 852, 163 Pac. 181) ex rel. Bickett v. Knight (L.R.A.1915F, 898. N. C. , 85 S. E. 418) ex rel. Henry, Knight v. v. Korrer (L.R.A.1916C, 139, 127 Minn. 60, 148 X. W. 617) v. Laboon (L.R.A.1917F, 896, S. C. , 92 S. E. 622) ex rel. Eliot & Co. y. Lake Torpedo Boat Co. (L.R.A.1916F, 1033, Conn. , 98 Atl. 580. Land v. v. Lasecki (L.R.A.1915E, 202, Ohio St. , 106 N. E. 660) v. Latham (L.R.A.1917A, 480, Me. , 98 Atl. 578) Lee v. v. Legendre (L.R.A.1916B, 1270, La. , 70 So. 70) v. Lester (L.R.A.1915D, 201, 127 Minn. 282, 149 X. W. 297) v. Lipkin (L.R.A.1915F, 1018, N. C. , 84 S. E. 340) ex rel. Lanng v. Long (L.R.A.1915E, 235, 136 La. 1, 66 So. 377) v. Loon (L.R.A.1916F, 1198, Idaho, . 158 Pac. 233) ex rel. Hammond v. Lynch (L.R.A. 1915D, 119, Iowa, , 151 X. W. 81) ex rel. West v. McCafferty (L.R.A. 1915A, 639, 25 Okla. 2, 105 Pac. 992) McCormick v. McDougle v. ex rel. Davis, McKinnon v. McLeod v. State, Marshall v. use of Cox v. Maryland E. R. Co. (L.R.A.1917A, 270, 126 Md. 300, 95 Atl. 43) v. Mausert (L.R.A.1916C, 1014, N. J. , 95 Atl. 991) ex rel. Ryals, Memphis v. Metcalf v. v. Mewhinney (L.R.A.1916D, 590, 43 Utah, 135, 134 Pac. C32) v. Michael (L.R.A.1915A, 533, W. Va. , 82 S. E. 611) v. Miller (L.R.A.1917F, 238, 92 Kan. 994, 142 Pac. 979) Miller v. ex rel. McCue, Minneapolis, St. P. & S. Ste. M. R. Co. v. ex inf. Harvey v. Missouri Athletic Club (L.R.A.1915C, 876, Mo. , 170 S. W. 904) v. Missouri, K. & T. R. Co. (L.R.A. 1915C, 778, Mo. , 172 S. W. 35) Mitchell v. v. Mollier (L.R.A.1916C, 551, 96 Kan. 514, 152 Pac, 771) ex. rel. Willis v. Monfort (L.R.A.1917B, 801, Wash. , 159 Pac. 889) ex rel. Wooldridge v. Morehead (L.R.A. 1917D, 310, 100 Xeb. 864, 161 X. W. 569) Moreland v. v. Morris (L.R.A.1916D, 573, 28 Idaho, 599, 155 Pac. 296) ex. rel. Corporation Com. v. Morrison & Sons Co. (L.R.A.1915C, 380, 155 N. C. 53, 70 S. E. 1079) Moss v. Motlow v. v. Mountain Timber Co. (L.R.A.1917D, 10, 75 Wash. 581, 135 Pac. 645) Mo Yaen v. Myers v. v. Nagle (L.R.A.1917E. 1160, 100 Kan. 495. 164 Pac. 1073) v. Norfolk Southern R. Co. (L.R.A. iniSB, 329, X. C. , 82 S. E. 963) ex rel. McCue. Nor^h>Tn P P. Co. - v. Norvell (L.R.A.1917D, 586, Tenn. , 191 S. W. 536) ex rel. Bundy v. Nygaard (L.R.A.1917E, 563, 163 Wis. 307. 158 X. W. 87) v. Old Colony Trust Co. (L.R.A.1915A, 549, _ c. C. A. , 215 Fed. 307) ex rel. Linde v. Packard (L.R.A.1917B, 710, X. D. , 160 X. W. 150) Parker v. v. Parker (L.R.A.1915C, 121, Mo. , 170 S. W. 1121) Paytes v. v. Peck (L.R.A.1915A, 663, 88 Conn. 447, 91 Atl. 274) Penn v. v. Perkins (L.R.A.1915A, 73, 88 Conn. 360. 91 Atl. 265) v. Phillips (L.R.A.1915D, 530, Miss. . 07 So. 651) Pittsburgh, C. C. & St. L. R. Co. v. v. Pollard L.R.A.1915B, 529, N. C. , 83 S. E. 167) 518 TABLE OF CASES. State v. Powe (L.R.A.1915B, 189, Miss. , 66 So. 207) v. Prince (L.R.A.1916A, 950, 77 N. H. 581, 94 Atl. 966) ex rel. Graff v. Probate Ct. (L.RA. 1916A, 901, 128 Minn. 371, 150 N. W. 1094) ex rel. Minnesota Loan & T. Co. v. Pro- bate Court (L.R.A.1915E, 815, 129 Minn. 442, 152 N. W. 845) ex rel. Pettit v. Probate Court (L.R.A. 1917F, 436, Minn. , 163 N. W. 285) v. Prudential Coal Co. (L.R.A.1915B, 645, Tenn. , 170 S. W. 56) v. Rayburn (L,R.A.1915F, 640, Iowa , 153 N. W. 59) v. Reineke (L.R.A.1915A, 138, Ohio St. , 106 N. E. 52) ex rel. Coburn v. Ries (L.R.A.1916D, 1, 123 Minn. 397, 143 N. W. 981) ex rel. Hogan, Renschler v. v. Richardson (L.R.A.1917D, 944, Iowa, , 162 N. W. 28) v. Ricks (L.R.A.1915B, 1140, Miss. , 66 So. 281) Riley v. Robinson v. v. Rogers (L.R.A.1917E, 857, N. C. , 91 S. E. 854) v. Rose (L.R.A.1915A, 256, Ohio St. , 106 N. E. 50) v. Rossman (L.R.A.1917B. 1276, Wash. , 161 Pac. 349) v. Rupp (L.R.A.1916B, 848, 96 Kan. 446, 151 Pac. 1111) Ruse v. ex inf. Harvey v. St. Louis Club. See State ex inf. Harvey v. Missouri Athletic Club. v. Sanders .( L.R.A. 1915A, 295, Ala. , 65 So. 378) v. Sanders Ice Cream Co. (168 Iowa 1). See State v. Hutchinson Ice Cream Co. v. Sawyer (L.R.A.1915F, 1031, Me. ,94 Atl. 886) v. Scott (L.R.A.1916B, 844, 86 Wash. 296, 150 Pac. 423) Scott v. v. Selengut (L.R.A.1916B. 955, R. I. , 95 Atl. 503) v. Several Parcels of Land (L.R.A. 1916E, 1, 83 Neb. 13, 119 X. W. 21) v. Shadwick ( Minn. ). See Ward, Re v. Shaw (L.R.A.1915F, 1087, Vt. , 94 Atl. 434) Shellenberger v. Sibley v. Smith v. ex rel. Love v. Smith (L.R.A.1915A, 832, Okla. , 142 Pac. 408) v. Southern Pacific Co. (L.R.A.1915F, 1140, La. , 68 So. 819) Southern R. Co. v. v. Stalker (L.R.A.1915E, 1222. Iowa, , 1,11 X. W. f.27 ) v. Standard Oil Co. (L.R.A.1917D, 746, 100 Neb. 826, 161 X. W. 537) State ex rel. Withycombe v. Stannard (L.R.A.1917F, 215, Or. , 165 Pac. 566) v. Stevens (L.R.A.1917C, 528, N. H. , 99 Atl. 723) Strauss v. Sturgeon v. ex rel. Tacoma v. Sunset Teleph. & Teleg. Co. (L.R.A.1917F, 1178, 86 Wash. 309, P.U.R.1915F, 947, 150 Pac. 427) ex rel. Crombie v. Superior Court (L.R.A.1915E, 567, - - Wash. , 148 Pac. 882) ex reL Martin v. Superior Court (L.R.A. 1917F, 905, Wash. , 166 Pac. 630) ex rel. Port of Seattle v. Superior Court (L.R.A.1917B, 354, Wash. , 160 Pac. 755) ex rel. Webster v. Superior Ct. (L.R.A. 1915C, 287, 67 Wash. 37, 120 Pac. 861) v. Sutton (L.R.A.1917E, 1176, 87 X*. J. L. 192, 94 Atl. 788) v. Tankersley (L.R.A.1917C, 533, N. C. , 90 S. E. 781) v. Tanner (L.R.A.1917E, 849, X. M. , 164 Pac. 821) v. Tardiff (L.R.A.1915A, 817, 111 Me. 552, 90 Atl. 424) v. Theriot (L.R.A.1916F, 683, La. , 72 So. 191) Toledo Disposal Co. v. Towery v. ex rel. Parmenter v. Troup (L.R.A. 1915E, 936, Neb. , 152 X. W. 748) Troutner v. v. Twin Falls Land & W. Co. (L.R.A. 1916F, 236, 21 Idaho, 410, 121 Pac. 1039) v. United Fruit Co. See State v. South- ern Pacific Co. use of Melitch v. United Rys. & Electric Co. (L.R.A.1915E, 1163, 121 Md. 457, 88 Atl. 229) v. United States Trust Co. (L.R.A. 1917C, 975, 99 Kan. 841, 163 Pac. 156) Walker v. v. Wallace (L.R.A.1916D, 457, Or. , 154 Pac. 430) v. Washed Sand & G. Co. i L.R.A.1917D, 1127, Minn. , 102 X. W. 451) ex rel. Otero De Burg v. Water Supply Co. (L.R.A.1915A, 246, X. M. , 140 Pac. 1059) ex rel. Scotillo v. Water Supply Co. (L.R.A.1915A, 242, X. M. , 140 Pac. 1056) v. Weinstein (L.R.A.1917F, 706, La. , 76 So. 208) West v. ex rel. Richards v. Whisman (L.R.A. 1917B, 1, 36 S. D. 260, 154 X. W. 707) Williams v. ex rel. Murphy v. Wolfer (L.R.A.1915B, 95, 127 Minn. 102, 148 X. W. 896) Woods v. v. Yoder (L.R.A.1916C, 686, 113 Minn. 503, 130 N. W. 10) TABLE OF CASKS. State v. Zeller (L.R.A.1917C, 217, 83 N. J. L. 666, 85 Atl. 237) State Bank, Ancient Order of United Work- men v. v. Cumberland Sav. & Trust Co. (L.R.A. 1915D, 1138, 168 N. C. 605, 85 S. E. 5)- State Bank of Commerce v. Western U. Teleg. Co. (L.R.A.1915A, 120, N. M. , 142 Pac. 156) State Bar Commission ex rel. Williams v. Sullivan (L.R.A.1915D, 1218, 35 Oklar. 745, 131 Pac. 703) State Bd. of Agri. & Immig. v. Tanzmann ( La. ). See Louisiana State Bd. of Agri. & Immig. v. Tanzmann. State Bd. of Medical Examiners, Freeman v. State Bd. of Tax Comrs., People ex rel. Harlem River & P. C. R. Co. v. People ex rel. New York, 0. & W. R. Co. v. State Farmers' Hail Ins. Co., French v. State Industrial Commission v. New York State Railways (218 N. Y. 318). See De Voe, Re. State Liquor Licensing Board, Hockett v. State Mut. Ins. Co., Dixon v. v. Green (L.R.A.1917F, 663, Okla. , 166 Pac. 105) State National Bank v. Bank of Magdalena (L.R.A.1916E, 1296, N. M. , 157 Pac. 498) Darnell v. v. Ladd (L.R.A.1917C, 1176, Okla. , 162 Pac. 684) States Acci. Ins. Co., Hutton v. State Sav. & Commercial Bank v. Ander- son (L.R.A,1915E, 675, 165 Cal. 437, 132 Pac. 755) State University, Bosworth v. Staton v. Staton (L.R.A.1915F, 820, 164 Ky. 688, 176 S. W. 21) Stavanaugh, Lament v. Steamship Co. v. Whaley (231 Fed. 76). See Clyde Steamship Co. v. Whaley. Stebbins, L. & S. Co., American Surety Co. v. Stebbins, Walker & Spinning, Hurley-Mason Co. v. Stebler v. Riverside Heights Orange Grow- ers' Asso. (L.R.A.1915F, 1101, 131 C. C. A. 96, 214 Fed. 550) Stecher Lithographic Co., Oswego Pulp & Paper Co. v. Steel, St. Louis, I. M. & S. R. Co. v. Steel Co. v. School Dist. No. 16 ( Or. ). See Northwest Steel Co. v. School Dist. Xo. 16. Steele v. American Oil Development Co. (L.R.A.1917E, 975, W. Va. , 92 S. E. 410) Myers v. Steele Coal Co., Case v. Steele, H. & M. Co. v. Miller (L.R.A.1916C, 1023. Ohio St. , 110 N. E. 648) Steidl v. Aitken (L.R.A.1915E, 192, 30 N. D. 281, 152 N. W. 276) Steinberg, Erie R. Co. v. Steltzer v. Chicago, M. & St. P. R. Co. (L.R.A.1915E. 1017, 156 Iowa, 1, 134 N. W. 573) Stenson v. Halvorson Co. (L.R.A.1915A, 1179, N. IX , 147 X. W. 800) Stephano Bros. v. Stamatopoulos (L.R.A. 1917C, 1157, 238 Fed. 89) Stephens, Mutual Life Ins. Co. v. Stephenson v. Germania F. Ins. Co. (L.R.A. 1917D, 307, 100 Xeb. 456, 160 N. W. 962) St. Louis & S. F. R. Co. v. Stettler v. O'Hara (L.R.A.1917C, 944, 69 Or. 519, 139 Pac. 743. Steube, Ex parte (L.R.A.1916E, 377, 91 Ohio St. 135, 110 N. E. 250) Stevens v. Allen (L.R.A.1916E, 1115, La. , 71 So. J936) Bliss v. State v. Stevenson v. Magill (L.R.A.1917D, 377, 35 X. D. 576, 160 X. W. 700) Stewart v. Childs Co. (L.R.A.1915C, 649, 86 X. J. L. 648, 92 Atl. 392) v. Larkin (L.R.A.1916B, 1069, 74 Wash. 681, 134 Pac. 186) v. Rawleigh Medical Co. (L.R.A.1917A, 1276, Okla. , 159 Pac. 1187) Stimson, Aubrey v. Stinespring, Caughron v. Stockwell, Bennett v. Stoddard & Son, Sloan State Bank v. Stokely v. Fidelity & Casualty Co. (L.R.A. 1915E, 955, Ala. , 69 So. 64) Stokes, McDevitt v. Stone, Chicago, R. I. & P. R. Co. v. Ellis v. v. Fidelity & Casualty Co. (L.R.A. 1916D, 536, 133 Tenn. 672. 182 S. W. 252) Stone Co. v. Holbrook ( Ky. ^ ^e Chesapeake Stone Co. v. Holbrook. Stonerook v. Wisner (L.R.A.iniOL, t>34, - Iowa , 153 X. W. 351 1 Stotts v. Puget Sound Traction, Light & P. Co. (L.R.A.1917D, 214, -- Wash. , 162 Pac. 519) Stout v. Stout (L.R.A.1915A, 711, Iowa , 146 X. W. 474) Stover, First Nat. Back v. Stowell, Lamb Davis Lumber Co. v. Stratford, The v. Seattle Brewing & M. Co. (L.R.A.1917C, 931. Wash. , 162 Pac. 31) Strathmore Paper Co., Sullivan v. Stratton, Memphis Street R. Co. v. Straus v. American Publishers' Asso. (L.R.A. 1915A. 1099, 231 U. S. 222. 58 L. ed. 192, 34 Sup. Ct. Rep. 84) v. Victor Talking Mach. Co. (L.R.A. 1917E, 1196, 243 U. S. 490, 61 L. ed. 866, 37 Sup. Ct. Rep. 412) Strauss, Lacker v. v. State (L.R.A.1917E, 909, 36 X. D. 594, 162 X. W. 908) Streeby, O'Daniel v. Streeter, Agar v. Streich v. Board of Edu. (L.R.A.1915A, 632, S. D. 147 X. W. 779) Strong v. Day (L.R.A.1917B, 369, Okla. , 160 Pac. 722) Stuckey, Paul v. Studebaker Corp., Cline v. McGinnis v. 520 TABLE OF CASES. Stuhl v. Great Northern R. Co. (L.R.A. 1917D, 317, Minn. , 161 X. W. 501) Sturgeon v. State (L.R.A.1917B, 1230, 17 Ariz. 513, 154 Pac. 1050) Sturges & Burn Mfg. Co. v. Beauchamp (L.R.A.1915A, 1196, 231 U. S. 320, 58 L. ed. 245, 34 Sup. Ct. Rep. 60) Sturtevant Co. v. Fidelity & D. Co. (L.R.A. 1917C, 630, 92 Wash. 52, 158 Pac. 740) v. Fireproof Film Co. (L.R.A.1916D, 1069, 216 X. Y. 199, 110 X. E. 440) Sullivan v. Knauth (L.R.A.1917F, 554, 220 X. Y. 216, 115 X. E. 460) State Bar Commission ex rel. Williams v. v. Strathmore Paper Co. (L.R.A.1916A, 378, 218 Mass. 141, 105 X. E. 463) Sultzbach v. Smith (L.R.A.1916F, 228, Iowa, , 156 X. W. 673) Summers v. Summers (L.R.A.1917C, 497, Ala. , 73 So. 401) Summit v. Morris County Traction Co. L.R.A.1915E, 385, 85 X. J. L. 193, 88 Atl. 1048) Sunderland v. Northern Express Co. (L.R.A. 1916E, 1151, Minn. , 157 X. W. 1085) Sundine, Re (L.R.A.1916A, 318, 218 Mass. 1, 105 X. E. 433) Sun Ins. Office, Fisher v. Sunset Teleph. & Teleg. Co., State ex rel. Tacoma v. Sunshine Cloak & Suit Co. v. Roquette (L.R.A.1916E, 932, 30 X. D. 143, ; 152 X. W. 359) Superior Court, State ex reL Crombie v. State ex rel. Martin v. State ex rel. Port of Seattle v. State ex rel. Webster v. Supply Co. v. Battle (142 Ga. 605). See Carlton Supply Co. v. Battle. Supreme Tribe of Ben Hur v. Owens (L.R.A. 1916A, 979, Okla. , 151 Pac. ' 198) Suravitz v. Prudential Ins. Co. (L.R.A. 1915A, 273, 244 Pa. 582, 91 Atl. 495) Surety Co. v. Municipal Excavator Co. ( Okla. ). See Southern Surety Co. v. Municipal Excavator Co. v. Stebbins, L. & S. Co. ( Tex. ). See American Surety Co. v. Steb- bins, L. & S. Co. v. United States use of Pittsburgh & B. Co. (143 C. C. A. 99). See Xa- tional Surety Co. v. United States use of Pittsburgh & B. Co. Surran, Hauss v. Sutherland v. Miller (L.R.A.1917D, 1040, W. Va. , 91 S. E. 993) Sutton v. Buie (L.R.A.1915D, 178, 136 La. 234. 66 So. 956) v. Findlay Cemetery Asso. (L.R.A. 1916B, 1135, 111. , 110 X. E. 315) State v. Swain v. Spokane (L.R.A.1917D, 754, Wash. 162 Pac. 991) Swank v. Battaglia (L.R.A.1917F, 469, 84 Or. 159, 164 Pac. 705) Grant v. Swank v. Kaufman (L.R.A.1917D, 826, 255 Pa. 316, 99 Atl. 1000) Swartz, Annear v. Sweeney v. Houston (L.R.A.1915A, 779, 243 Pa. 542. 90 Atl. 347) Sweet, Owosso Carriage & S. Co. v. Sweetnam v. Snow (L.R.AJ.916B, 757, Mich. , 153 X. W. 770) Sweitzer v. Fisher (L.R.A.1916B, 611, Iowa , 154 X. W. 465) Swenson Bros. Co. v. Commercial State Bank (L.R.A.1917F, 1096, 98 Xeb. 702, 154 X. W. 233) Swentzel v. Holmes (L.R.A.1915E, 926, - Mo. , 175 S. W. 871) Swift & Co., Catani v. v. Hocking Valley R. Co. (L.R.A. 1917E, 916, 93 Ohio St. 143, 112 X. E. 212) Swiller v. Home Ins. Co. (L.R.A.1917F, 1040, X. J. , 101 Atl. 516) Switchmen's Union, United States Bank & T. Co. v. Swofford Bros. Dry Goods Co. v. Owen (L.R.A.1916C, 189, 37 Okla. 616, 133 Pac. 193) Swope v. Keystone Coal & C. Co. (L.I I. A. 1917A, 1128, W. Va. , 89 S. E. 284) Sykes v. Royal Casualty Co. (L.R.A.1916F, 1043, Miss. , 72 So. 147) Sylvester, New England Order of Protection v. Syverson, Bronson v. v. Foster. See State ex rel. Syverson v. Foster. Szabo v. Speckman (L.R.A.1917D, 357. Fla. , 74 So. 411) Szlauzis v. Szlauzis (L.R.A.1916C, 741, 255 111. 314, 99 X. E. 640. T. Tackitt, Sandy Valley & E. R. Co. v. Tacoma, Sperry & Hutchinson Co. v. v. Sunset Teleph. & Teleg. Co. See State ex rel. Tacoma v. Sunset Teleph. & Teleg. Co. Tacoma Eastern R. Co., Shafer v. Tacoma R. & Power Co., Day v. Tagus State Bank, Minnesota Mut. L. Ins. Co. v. Talcott v. Quereau Co. See Shultz v. Quereau Co. Talley v. Maupin (L.R.A.1917F, 912, - Okla. , 166 Pac. 7:54 i Tamarack Mining Co., Lahti v. Tamm v. Sauset (L.R.A.1917D, 988, 67 Or. 292, 135 Pac. 868) Tankersley, State v. Tanner, Adams v. State v. Tanzmann, Louisiana State Bd. of Agri. & Immig. v. Tapley, Georgia & F. R. Co. v. Tardiff, State v. Tate, Parker-Harris Co. v. Tatley, Derringer v. Tatum v. Commercial Bank & T. Co. (L.R.A. 1916C, 767. Ala. . li'.i So. 508) Tax Lien Co. v. Schultze (L.R.A.1915D, 1115, 213 X. Y. 9, 106 X. E. 751) TABLE OF CASES. 521 Taylor v. Baltimore (L.R.A.1916C, 1046, Md. , 99 Atl. 900) v. Chicago, M. & St. P. R. Co. (L.R.A. 1915E, 634, Wash. , 148 Pac. 887) v. Drainage Dist. No. 56 (L.R.A.1916B, 1193, Iowa, , 148 N. W. 1040) v. Indiana & M. Electric Co. (L.R.A. 1915E, 294, Mich. , 151 N. W. 739) Moseley v. v. Southern States Life Ins. Co. (L.R.A. 1917C, 910, S. C. , 91 S. E. 32G) v. Taylor (L.R.A.1915A, 1044, N. M. , 142 Pac. 1129) v. White (L.R.A.1916C, 704, 160 N. C. 38, 75 S. E. 941) Tayloi Co., Waters v. Teague v. Commonwealth (L.R.A.1917B, 738, 172 Ky. 665, 189 S. W. 908) Teat v. Land (L.R.A.1915A, 563, La. , 66 So. 199) Tebbetts, Groceteria Stores Co. v. Tebeau v. Ridge (L.R.A.1915C, 367, Mo. , 170 S. W. 871) Teeple v. Fraternal Bankers' Reserve Soc. (L.R.A.1917C, 858, Iowa, , 161 N. W. 102) Telegraph & Teleph. Co. v. Danaher (238 U. S. 482). See Southwestern Teleg. & Teleph. Co. v. Danaher. v. Sharp ( Ark. ). See Southwest- ern Tele-?. & Teleph. Co. v. Sharp. Telegraph Co. v. Dant (42 App. D. C. 398). See Western U. Teleg. Co. v. Dant. v. McLaurin ( Miss. ). See West- ern U. Teleg. Co. v. McLaurin. Telephone & Telegraph Co. v. Mill Co. ( Tenn. ). See Cumberland Teleph. & Teleg. Co. v. Peacher Mill Co. Telephone Co. v. Railroad Commission (162 Wis. 383). See Wisconsin-Teleph. Co. v. Railroad Commission. v. Teleph. Asso. (94 Kan. 159). See Baxter Teleph. Co. v. Cherokee County Mut. Teleph. Asso. Tempe v. Corbell (L.R.A.1915E, 581, Ariz. , 147 Pac. 745) Tennessee Coal, I. & R. Co. v. George (L.R.A.1916D, 685, 233 U. S. 354, 58 L. ed. 997, 34 Sup. Ct. Rep. 587) v. Moody (L.R.A.1915E, 369, Ala. , 68 So. 274) Tennessee, G. & A. R. Co., Neely v. Termini, Copping v. Terrill v. Virginia Brewing Co. (L.R.A. 1915E, 1028, 130 Minn. 46, 153 N. W. 136) Territory v. Lobato (L.R.A.1917A, 1226, 17 N. M. 666, 134 Pac. 222) Terry v. Burford (L.R.A.1915F, 714, 131 Tenn. 451, 175 S. W. 538) Teutonia F. Ins. Co., Petello v. Texas Building Co., Standard Asphalt & R. Co. v. Texas Co. v. Daugherty (L.R.A.1917F, 989, Tex. , 176 S. W. 717) Thames Towboat Co., Kennerson v. Marsdale v. Theatre Co. v. Cloke ( Mont. ). See Empire Theatre Co. v. Cloke. Theisen v. Pittmans & D. Co. (L.R.A. 1917D, 772, Mich. , 162 N. W. 76) Theriot, State v. Thomas v. Armstrong (L.R.A.1916B, 1182, Okla. , 151 Pac. 689) English v. v. Knights of Maccabees (L.R.A.1916A, 750, 85 Wash. 665, 149 Pac. 7) v. Lane (L.R.A.1916F, 1077, 221 Mass. 447, 109 N. E. 363) v. Matthews (L.R.A.1917A, 1068, Ohio St. , 113 N. E. 669) Nicholas & Co. v. Oklahoma R. Co. v. Skinner v. v. Thomas (L.R.A.1915B, 219, 166 N. C. 627, 82 S. E. 1032) Thomas Elevator Co., Smith v. Thomasville Baseball Club, Augusta Base- ball Asso. v. Thompson, Bennett v. Cceur d'Alene Lumber Co. v. v. Crump. See State ex rel. Thomp- son v. Crump. Davies v. v. McKee (L.R.A.1915A, 521, Okla. , 142 Pac. 755) Murray v. People v. v. Twiss (L.R.A.1916E, 506, 90 Conn. 444, 97 Atl. 328) Thompson-McDonald Lumber Co. v. Mora- wetz (L.R.A.1915E, 302, 127 Minn. 277, 149 N. W. 300) Thrasher v. Smith (275 111. 256). See Peo- ple ex rel. Thrasher v. Smith. Thread Co. v. Railroad Co. ' ( N. J. ). See Standard Combed Thread Co. v. Pennsylvania R. Co. Thresher Co. v. Herding (126 Minn. 184). See Northwest Thresher Co. v. Herding. v. Klein (28 S. D. 177). See Advance Thresher Co. v. Klein. Threshing Mach. Co. v. Roberts County ( S. D. ). See Minneapolis Thresh- ing Mach. Co. v. Roberts County. Thornhill v. Olson (L.R.A.1916A, 493, N. D. , 153 N. W. 442) Thornton, Deupree v. Thorsen, Rostad v. Thurm, McDole v. Thurston v. Carter (L.R.A.1915C, 359, 112 Me. 361, 92 Atl. 295) Tidwell v. Hitt Lumber Co. (L.R.A.1917C, 232, Ala. , 73 So. 486) Tillis, Walker v. Tillman v. Lewisburg & N. R. Co. (L.R.A. 1916D, 259, 133 Tenn. 554, 182 S. W. 597) Tilton, Liberty Trust Co. v. Timme v. Kopmeier (L.R.A.1916D, 1114, 162 Wis. 571, 156 N. W. 961) Timmerman, Trigg v. Timothy v. Howse. See State ex rel. Timo- thy v. Howse. Tippecanoe Loan & Trust Co. v. Jester (L.R.A.1915E, 721, 180 Ind. 357, 101 X. E. 915) 522 TABLE OF CASES. Tipton, Snouffer v. Tire & Vulcanizing Co. v. Auto Storage Co. (133 Tenn. 515). See Blackwood Tire & Vulcanizing Co. v. Auto Storage Co. Title Guarantee & Trust Co., Coy v. Title Guaranty & S. Co., Larrabee v. Titus, Pennsylvania R. Co. v. Tobacco Co. v. Cannon (132 Tenn. 419). See Liggett & Myers Tobacco Co. v. Cannon. v. Evening Post Co. (169 Ky. 64). See Axton -Fisher Tobacco Co. v. Even- ing Post Co. Toca, New Orleans v. Todd v. Cincinnati, N. 0. & T. P. R. Co. (L.R.A.1916E, 555, Tenn. , 185 S. W. 62) Cohen v. Grice v. v. Louisville & N. R. Co. (L.R.A.1916F, 1 543, 111. , 113 N. E. 95) Mangum v. Toland, People v. Toledo Disposal Co. v. State (L.R.A.1915B, 1207, 89 Ohio St. 230, 106 N. E. 6) Toles, Miller v. Tonopah & G. R. Co., Knock v. Zetler v. Toomer, Midland Valley R. Co. v. Toon v. McCaw (L.R.A.1915A, 590, 74 Wash. 335, 133 Pac. 469) Tootle, Wheeler & Motter Mercantile Co., Simpson v. Topeka, Bailey v. Frost v. Topeka R. Co., Drake v. Topping v. Great Northern R. Co. (L.R.A. 1915F, 1174, 81 Wash. 166, 142 Pac. 425) Torian v. Fuqua (L.R.A.1917F, 251, 175 Ky. 428, 194 S. W. 359) Totten, Slinger v. Towery v. State (L.R.A.1917D, 491, Okla. Crim. Rep. , 163 Pac. 331) Towne, Ancient Order of United Work- men v. Townsend v. Fidelity & Casualty Co. See Ellis v. Fidelity & Casualty Co. Tracey, Shinsky v. Traction & T. Co. v. Bain (174 Ky. 679). See Kentucky Traction & T. Co. v. Bain. Traction Co. v. Mclntire (37 Okla. 684). See Muskogee Electric Traction Co. v. Mclntire. v. Weitlauf (176 Ky. 82). See Pa- ducah Traction Co. v. Weitlauf. Tradesmen's Trust Co., Com. ex rel. Bell v. Tramway Go. v. Brier ( Colo. ). See Denver City Tramway Co. v. Brier. Transfer & Storage Co. v. Neill ( Okla. ). See 0. K. Transfer & S. Co. v. Neill. Transfer Co. v. Portland (84 Or. 343). See Baggage & Omnibus Transfer Co. v. Portland. Transportation Co. v. Howell ( Fla. ). See Gulf Coast Transp. Co. v. Howell. Traud, Erwin v. Travelers' Ins. Co., Milliken v. Rock v. Smith v. Travis, George ex rel. Jones v. v. Knox Terpezone Co. (L.R.A.1916A, 542, 215 N. Y. 259, 109 N. E. 250) v. Sitz (L.R.A.1917A, 671, 135 Tenn. 156, 185 S. W. 1075) Treadwell Co. v. Bank & T. Co. ( Tenn. ). See Farabee-Treadwell Co. v. Union & P. Bank & T. Co. Treasurer and Receiver General v. Clark. See Attorney General ex rel. Treas- urer and Receiver General v. Clark. v. Clarke. Parker v. Tyler v. Trefry v. Garfield. See Trefry v. Putnam, v. Putnam (L.R.A.1917F, 806, Mass. , 116 N. E. 904) Tremont & G. R. Co., Wallace v. Tremont Theatre Amusement Co. v. Bruno (225 Mass. 461, 114 N. E. 672) Trexler Lumber Co., M. P. Smith & Sons Co. v. Trigg v. Timmerman (L.R.A.1916F, 424, 90 Wash. 678, 156 Pac. 846) Trinity & B. V. R. Co. v. Blackshear (L.R.A. 1915D, 278, Tex. , 172 S. W. 544) Trosper v. King-Richardson Co. See Ely v. King-Richardson Co. Trotter v. Commonwealth (L.R.A.1916E, 768, 169 Ky. 551, 184 S. W. 871) Troup, State ex rel. Parmenter v. Troutner v. State (L.R.A.1916D, 262, Ariz. , 154 Pac. 1048) Trowbridge, Bowie v. Troy & North Carolina Gold Min. Co. v. Snow Lumber Co. (L.R.A.1917E, 892, N. C. , 92 S. E. 494) Truax v. Raich (L.R.A.1916D, 545, 239 U. S. 33, 60 L. ed. 701, 36 Sup. Ct. Rep. 7) Trumbull, Van Buren v. Trust Co. v. Adams (224 Mass. 442). See Boston Safe Deposit & T. Co. v. Adams, v. Barret ( Ky. ). See Fidelity & Columbia Trust Co. v. Chicago Auditorium Asso. (240 U. S. 581). See Central Trust Co. v. Chi- cago Auditorium Asso. v. Cox ( Okla. ). See Union Trust Co. v. Cox. v. Curtis ( Ind. ). See Union Trust Co. v. Curtis. v. Diamond Coal & Coke Co. (234 Pa. 100). See Safe Deposit & Trust Co. v. Diamond Coal & Coke Co. v. Edwards ( X. ,T. ) . See Security Trust Co. v. Edwards. v. First Nat. Bank (213 N. Y. 301). See Carnegie Trust Co. v. First Xat. Bank. V. Luke (220 Mass. 484). See Boston Safe Deposit & T. Co. v. Luke. v. McDougald (132 Tenn. 323). See Citizens' Trust Co. v. McDougald. v. Martin (158 Ky. 522). See Fidelity Trust Co. v. Martin. TABLE OF CASES. 523 Trust Co. v. Railroad Co. ( Miss. ). See | Guaranty Trust Co. v. Mobile & 0. R. Co. v. Smith (215 X. Y. 488). See People's Trust Co. v. Smith. v. Snively (162 Ky. 461). See Louis- ville Trust Co. v. Snively. v. Tilton (217 Mass. 462). See Liberty Trust Co. v. Tilton. v. White & Co. (241 Fed. 57). See Astor Trust Co. v. White & Co. Trustees, Executors & Securities Ins. Corp. v. Hooton (L.R.A.1916E, 602, - Okla. , 157 Pac. 293) Tryon v. Moyer (L.R.A.1915E, 844, 130 Minn. 198, 153 N. W. 307) Tubbs v. Shears (L.R.A.1916D, 1032, Okla. . 155 Pac. 549) Tube City Min. & Mill. Co. v. Otterson (L.R.A.1916E, 303, 16 Ariz. 305, 146 Pac. 203) Tucker v. Fouts (L.R.A.1917F, 916, Fla. , 76 So. 130) v. Mobile Infirmary Asso. (L.R.A. 1915D, 1167. Ala. , 68 So. 4) Philadelphia, B. & W. R. Co. v. Tucker Co., Usher v. Tuder v. Oregon Short Line R. Co. (L.R.A. 1917C, 86, Minn. , 160 X. W. 785) Tukey, St. Louis, I. M. & S. R. Co. v. Tupelo, Woods v. Turk v. Benson (L.R.A.1915D, 1211, 30 X. D. 200, 152 X. W. 354) v. Norfolk & W. R. Co. (L.R.A.1915E, 145, W. Va. , 84 S. E. 569) Turner, Ex parte (L.R.A.1917D, 355, Fla. 74 So. 314) v. Brooks & Sons (L.R.A.1916E, 958, 151 Ky. 310. 151 S. W. 948) v. Henderson. See State ex rel. Tur- ner v. Henderson, v. Randall (L.R.A.1917B, 250, Minn. . 159 X. W. 958) Tway, Davis v. Twin Falls Land & W. Co., State v. Twiss, Thompson v. Tyberg, Pioneer Min. Co. v. Tyler v. Treasurer and Receiver General (L.R.A.1917D, 633, 220 Mass. 306, 115 X. E. 300) Tyre v. Krug (L.R.A.1915C, 624, 159 Wis. 39, 149 X. W. 718) U. Umbrogia v. Laskau. See Coffin v. Laskaih Uncle Sam Oil Co., Gamble v. Underwood v. Underwood (L.R.A.1915B, 674. Ga. , 83 S. E. 208. Ungerecht, Bond v. Union & P. Bank & T. Co., Farabee-Tread- well Co. v. Union Acci. Co. v. Willis (L.R.A.1915D, 358, Okla. , 145 Pac. 812) Union Dry Goods Co. v. Georgia Public Service Corp. (L.R.A.1916E, 358, 142 Ga. 841. 83 S. E. 946) Union Ice & Coal Co. v. Ruston (L.R.A. 1915B, 859, 135 La. 898, 66 So. 262) Union P. R. Co., Brushaber v. Equitable L. Assur. Soc. v. v. Grace (L.R.A.1915B, 608, Wyo. , 143 Pac. 353) Hupp v. Johnk v. Kirby v. Union Trust Co. v. Cox (L.R.A.1917C, 356, Okla. , 155 Pac. 206) v. Curtis (L.R.A.1915A, 699, Ind. , 105 X. E. 562) Home Ins. Co. v. People v. United Cigarette Machine Co. v. Brown (L.R.A.1917F, 1100, 119 Va. 813, 89 S. E. 850) United Commercial Travelers, Berry v. United Copper Securities Co. v. Amalga- mated Copper Co. (L.R.A.1917E, 1004, 139 C. C. A. 15, 223 Fed. 421) United Drug Co., Conley v. United Electric Light & W. Co., Lane v. United Fruit Co., State v. United Fuel Gas Co., Carper v. Elk Hotel Co. v. v. Williamson (L.R.A.1917D, 197, 174 Ky. 362, 192 S. W. 18) United Iron Works v. Rathskeller Co. (L.R.A.1917C, 445, - - Wash. , 161 Pac 1197) United Mine Workers, Roddy v. United Railways & E. Co. v. Phillips (L.R.A.1917C, 384, 129 Md. 328, 99 Atl. 355) State use of Melitch v. United R. Co., McLaughlin v. United Rys. Co., Castanie v. Gunn v. United States, Ex parte (L.R.A.1917E, 1178, 242 U. S. 27, 61 L. ed. 129, 37 Sup. Ct. Rep. 72) v. Atlantic C. L. R. Co. (L.R.A.1915A, 374, C. C. A. . 215 Fed. 56) v. Bank of New York, Nat. Bkg. Asso. (L.R.A.1915D, 797, C. C. A. , 219 Fed. 648) v. Bennett (L.R.A.1916B. 1010, 125 C. C. A. 186, 207 Fed. 524) Brown v. Caminetti v. Chesapeake & D. Canal Co. v. Creekmore v. Diggs v. Eastern States Retail Lumber Dealers' Asso. v. Fish v. Great Northern R. Co. v. Guinn v. v. Hamburg-Amerikanische Packetfahrt Actien Gesellschaft (L.R.A.1917C, 1103, 128 C. C. A. 496, 212 Fed. 40) Hays v. v. Holte (L.R.A.1915D, 281. 236 U. S. 140, 59 L. ed. 504, 35 Sup. Ct. Rep. 271) Johnson v. Latham v. v. Lexington Mill & Elevator Co. (L.R.A.1915B. 774. 232 U. S. "'.'0, 58 L, ed. 658, 34 Sup. Ct. Rep. 337) 524 TABLE OF CASES. United States, McBride v. Munroe v. use of Pittsburgh & B. Co., National Surety Co. v. Northern P. R. Co. v. Paylor v. Price v. Seven Cases v. Spokane & I. E. R. Co. v. Van Pelt v. Weeks v. United States & M. T. Co., United States Fidelity & G. Co. v. United States Bank & T. Co. v. Switchmen's Union (L.R.A.1917E, 311, 256 Pa. 228, 100 Atl. 808) United States Bond & Mortg. Co. v. Keahey (L.R.A.1917C, 829, Okla. , 155 Pac. 537) United States Casualty Co. v. Griffis (L.R.A. 1917F, 481, Ind. , 114 N. E. 83) United States Fidelity & G. Co. v. Cochrane. See Costello v. Bridges. v. Poetker (L.R.A.1917B, 984, 180 Ind. 255, 102 X. E. 372) v. United States & M. T. Co. (L.R.A. 1916F, 1067, C. C. A. , 234 Fed. 238) v. United States Nat. Bank (L.R.A. 1916E, 610, Or. , 157 Pac. 155) Young Men's Christian Asso. v. United States Mortg. & T. Co., Morgan v. United States Nat. Bank v. Glanton (L.R.A. 1917F, 600, 146 Ga. 786, 92 S. E. 625) v. Herron (L.R.A.1916C, 125, 73 Or. 391, 144 Pac. 661) United States Fidelity & G. Co. v. United States Portland C. Co. v. U. S. Operating Co., Atkinson v. United States Portland C. Co. v. United States Nat. Bank (L.R.A.1917A, 145, Colo. , 157 Pac. 202) United States Rubber Co. v. Washington Engineering Co. (L.R.A.1915F, 951, Wash. , 149 Pac. 706) United States Steel Corp., Lockwood v. United States Trust Co., State v. United Trade School C. Co., Easton v. Universal Film Mfg. Co., Motion Picture Patents Co. v. University Club v. Deakin (L.R.A.1915C, 854, 265 111. 257, 106 X. E. 790) University of Mississippi v. Waugh (L.R.A. 1915D, 588, 105 Miss. 623, 62 So. 827) Uphoff v. Industrial Board of Illinois (L.R.A. 1916E, 329, 271 111. 312, 111 X. E. 128) Urbach v. Omaha (L.R.A.1917E, 1163, Xeb. , 163 X. W. 307) Urquhart v. Marion Hotel Co. (L.R.A. 1917F, 203, Ark. , 194 S. W. 1) Usher v. Tucker Co. (L.R.A.1916F, 826, 217 Mass. 441, 105 X. E. 360) Utheim, Odenbreit v. Utterback, Mangold & Glandt Bank v. Uvalde Electric Light Co., Parsons v. V. Vacuum Cleaner Co. v. Bjornstad ( Minn. ). See Palm Vacuum Cleaner Co. v. Bjornstad. Valentino v. Schantz (L.R.A.1916B, 1044, 216 N. Y. 1, 109 N. E. 866) Valin v. Jewell (L.R.A.1915B, 324, 88 Conn. 151, 90 Atl. 36) Valley City, Persons v. Valley Mercantile Co. v. St. Paul F. & M. Ins. Co. (L.R.A.1915B, 327, 49 Mont. 430, 143 Pac. 559) Van Bever, Jones v. Van Blaricom v. Dodgson (L.R.A.1917F, 383, 220 X. Y. Ill, 115 X. E. 443) Van Buren v. Trumbull (L.R.A.1917A, 1120, 92 Wash. 691, 159 Pac. 891) Vance, Re (L.R.A.1917C, 479, Cal. , 162 Pac. 103) Van Deman & L. Co., Rast v. Vanderbilt v. Chapman (L.R.A.1917C, 143. X. C. , 90 S. E. 99.3 ) Vanderboget v. Campbell Mill Co. (L.R.A. 1915C, 808, Wash. , 144 Pac. 905) Vanderdoes, Hageman v. Van Eman v. Mosing (L.R.A.1917C, 590, 36 Okla. 555, 129 Pac. 2) Vangilder, Knoxville R. & Light Co. v. Van Gorder v. Packard Motor Car Co. (L.R.A.1917E, 522, Mich. , 162 X. W. 107) Van Lonkhuyzen v. Daily News Co. (L.R.A. 1917D, 855, Mich. , 161 X. W. 979) Vann, Southern States F. Ins. Co. v. Van Ness v. Ransom (L.R.A.191UB. 852. 215 X. Y. 557, 109 X. E. 593) Van Nest v. Citizens' Ins. Co. (L.R.A.1916F, 69.3, Minn. , 158 X. W. 72.3 Van Pelt v. United States (L.R.A.1917E, 1135, 240 Fed. 346) Varney v. Curtis (L.R.A.1916A. 629, 213 Mass. 309, 100 X. E. 650) Vaughan, Leonard v. Southern R. Co. v. Vaughn v. Boyd (L.R.A.1915A, 694. Ga. , 82 S. E. 576) V. D. Reduction Co., Johnson v. Vennen v. New Dells Lumber Co. (L.R.A. 1916A, 273, Wis. , 154 X. W. 640) Ventress v. Wallace (L.R.A.1917A. 071. Ill Miss. 971, 71 So. 636. Vermillion v. Philadelphia, B. & W. R. Co. (L.R.A.1916A, 1145, 42 App. D. C. 579) Vesper v. Grain Co. (L.R.A.1915A, 541, 165 Cal. 36, 130 Pac. 876) Vickers v. Carey Co. (L.R.A.1916C, 1155, Okla. . 151 rac. 102.3) Victoria Lumber Co. v. Wells < L.R.A.1916E, 1110. La. . 71 So. 781) Victor Talking Mach. Co., Straus v. Vidalia Grocery Co., Edwards & Deutsch Lithographing Co. v. Vigil, Martinez v. Viita v. Fleming CL.R.A.1916D, 644, Minn. . 155 X. W. 1077) Vincent v. Haycraft (L.R.A.1915E, 307, 158 Ky. S45, 166 S. W. 613) TABLE OF CASKS. 525 Vineland v. Fowler Waste Mfg. Co. (L.R.A. 1915B, 711, X. J. , 90 Atl. 1054) Vinson v. Southern Bell Teleph. & Teleg. Co. (L.R.A.1915C, 450, Ala. , 66 So. 100) Vioue, Hamilton v. Virginia Brew. Co., Terrill v. Virginia-Carolina Chemical Co., Webb v. Virginian R. Co., Jones v. Virtue v. Creamery Package Mfg. Co. (L.R.A.1915B, 1179, 123 Minn. 17, 142 N. W. 930) Vitagraph Co., Binns v. Vitzthum, Royal Arcanum v. Vizvari, New York, N. H. & H. R. Co. v. Von Arx v. Shafer (L.R.A.1917F, 427, 241 Fed. 649) Von Ette, Re (L.R.A.1916D, 641, 223 Mass. 56, 111 N. E. 696) Vosburg, Atchison, T. & S. F. R. Co. v. Vyverberg, Bormann v. W. Wadden, Clark Implement Co. v. Wade, Fargo v. v. Major (L.R.A.1917E, 633, 36 N. D. 331, 162 N. W. 399) Waggoner, Scott v. Wagner, Daisey v. Daniels v. v. Purity Water Co. (L.R.A.1916E, 981, 241 Pa. 328, 88 Atl. 484) v. Wallowa County (L.R.A.1916F, 303, 76 Or. 453, 148Pac. 1140) Wainwright, Kirschler v. Waite v. Stanley (L.R.A.1916C, 886, Vt. ,92 Atl. 633) Walker v. Klopp (L.R.A.1916E, 1292, 99 Neb. 794, 157 X. W. 962) v. Portland Sav. Bank (L.R.A.1915E, 840, Me. , 93 Atl. 1025) v. State (L.R.A.1915C, 1161, Fla. , 67 So. 94) v. Tillis (L.R.A.1915A, 654, Ala. , 66 So. 54) Walker Bin Co., Elyria Savings & Bkg. Co. v. Wall v. Northern P. R. Co. (L.R.A.1917C, 433, Mont. , 161 Pac. 518) v. Pfanschmidt (L.R.A.1915C, 328, 265 111. 180, 106 N. E. 785) Wallace v. Cox (L.R.A.1917B, 690, Tenn. . 188 S. W. 611) v. McDaniel (L.R.A.1916C, 744, 59 Or. 378, 117 Pac. 314)' Patterson v. State v. v. Tremont & G. R. Co. (L.R.A.1917D, 959, 140 La. 873, 74 So. 179) Ventress v. Wallen, Judge v. Waller, Selwyn & Co. v. Wallin v. Johnson City Lumber & M. Co. (L.R.A.1917B, 323, Tenn. , 188 S. W. 577) Wallins Creek Coal Co., Interstate Casualty Co. v. Wallowa County, Wagner v. Wallower, Cummings v. Walsh, Lyons v. Walter v. Earnhardt (L.R.A.1916E, 536, - N. C. , 88 S. E. 753) Walters Nat. Bank v. Bantock (L.R.A.1915C, 531, 41 Okla. 153, 137 Pac. 717) Walton v. Proutt (L.R.A.1915D, 917, Ark. , 174 S. W. 1152) Wambold, Clark v. Wanamaker, Rumetsch v. Waples v. Marrast (L.R.A.1917A, 253, Tex. , 184 S. W. 180) Ward, Re (L.R.A. 1916E, 1288, Minn. , 157 N. W. 1076) Ware v. Hebbs (L.R.A.1916F, 276, 222 Mass. 327, 110 N. E. 963) Warehouse & Realty Co., Huetter v. Warm Springs Co. v. Salt Lake City (L.R.A. 1917F, 713, Utah, , 165 Pac. 788) Warner, Flack v. Warner Elevator Mfg. Co., Charleston Hard- ware Co. v. Warren v. Warren (L.R.A.1917E, 400, Fla. , 75 So. 35) Wasatch Orchard Co., Fabian v. Washburn v. Gregory Co. (L.R.A.1916D, 304, 125 Minn. 491, 147 N. W. 706) Washed Sand & G. Co., State v. Washington, District of Columbia v. Williams v. Washington County Hospital Asso. v. Hagerstown Trust Co. (L.R.A. 1915A, 738, Md. , 91 Atl. 787) Washington Engineering Co., United States Rubber Co. v. Washington Pav. Co. v. Clausen (90 Wash. 450). See State ex rel. Washing- ton Pav. Co. v. Clausen. Washington Rendering & F. Co., Malmo v. Washington State Art Asso., Colburn v. Washington Terminal Co., Richards v. Washington Water Power Co., Rampon v. Wasser v. Northampton (L.R.A.1915F, 973, 249 Pa. 25, 94 Atl. 444) Wasson Piston Ring Co., Hetzel v. Watch Hill Fire Dist, Barber v. Water Co. v. Lally (168 Ky. 348). See Louis- ville Water Co. v. Lally. v. White Pine County ( Xev. ). See Ely Water Co. v. White Pine County. Waterman-Waterbury Co. v. School Dist. No. 2 (L.R.A.1915B, 626, Mich. , 148 N. W. 673) Waters v. Taylor Co. (L.R.A.1917A, 347, 218 X. Y. 248, 112 X. E. 727) v. Winn (L.R.A.1915A, 601, Ga. , 82 S. E. 537) Water Supply Co. v. Barnes (30 X. D. 555). See Bismarck Water Supply Co. v. Barnes. State ex rel. Otero De Burg v. State ex rel. Scotillo v. Watertown v. Christnacht (L.R.A.1917F, 903, S. D. , 164 X. W. 62) Waterworks Co. v. Brown ( Ala. ). See Birmingham Waterworks Cc. v. Brown. V. Hernandez ( Ala. ). See Birm- ingham Water Works Co. v. Her- nandez. 526 TABLE OF CASES. Waterworks Co. v. Railroad Commission (161 Wis. 122). See Oshkosh Waterworks Co. v. Railroad Com- mission. Watkins, Beaudry v. Chicago, R. I. & P. R. Co. v. v. Hotel Tutwiler Co. (L.R.A.1917F, 834, Ala. , 76 So. 302) Watson v. French (L.R.A.1915C, 355, 112 Me. 371, 92 Atl. 290) Hampton v. v. Jersy City (L.R.A.1916C, 1106, 84 X. J. L. 422, 86 Atl. 402) v. Lawrence (L.R.A.1915E, 121, 134 La. 194, 63 So. 873) v. Mississippi River Powar Co. (L.R.A. 1916D, 101, Iowa, , 156 N .W. 188) Watters, Button v. Watts, Whitsel v. Waugh v. Dibbens (L.R.A.1917B, 360, Okla. , 160 Pac. 589) v. Guthrie Gas, L. F. & I. Co. (L.R.A. 1917B, 1253, 37 Okla. 239, 131 Pac. 174) University of Mississippi v. Way, Minnesota, D. Cc P. R. Co. v. Owens v. Wayman v. Cook County (269 111. 27). See Galpin v. Chicago. Weatherby v. Dick & Bros. Quincy Brewery Co. See State ex rel. Weatherby v. Dick Bros. Quincy Brewery Co. Weaver v. Maxwell Motor 'Co. (L.R.A.1916B, 127(i. Mich. , 152 N. W. 993) Webb v. Safe Deposit & T. Co. See People ex rel. Webb v. California Safe De- posit & T. Co. Shaw v. v. Virginia-Carolina Chemical Co. (L.R.A.1916E, 971, 170 2f. C. 662, 87 S. E. 633) Webb Press Co., Ruge v. Weber v. Weber (L.R.A.1915A, 67, Ark. , 169 S. W. 318) Weber Bros. Shoe Co., Nadel v. Webster v. Superior Ct. See State ex rel. Webster v. Superior Ct. Western & S. Life Ins. Co. v. Weeghman v. Killefer (L.R.A.1915A, 820, C. C. A. , 215 Fed. 289) Weeks v. United States (L.R.A.1915B, 651, C. C. A. , 216 Fed. 292) v. United States (L.R.A.1915B, 834, 232 U. S. 383, 58 L. ed. 652, 34 Sup. Ct. Rep. 341) Wehe v. Atchison, T. & S. F. R. Co. (L.R.A. 1916E, 455, 97 Kan. 794, 156 Pac. 742) Weigell v. Gregg (L.R.A.1916B, 856, Wis. , 154 X. W. 645) Weightman, Equitable L. Assur. Soc. v. Wheeler v. Weil, Standard Brewing Co. v. Weiler, Rains v. Weil, Roth, & Co. v. Newbern (L.R.A.1915A, 100. 126 Tenn. 223, 148 S. W. 680) Weiner, People v. Weinstein, State v. Weisman, Godley v. Weitlauf, Paducah Traction Co. T. Welch v. Maryland Casualty Co. (L.R.A. 1915E, 708, Okla. , 147 Pac. 1046) Welch Putx Co. v. Johnson Realty Co. (L.R.A.1917A, 200, W. Va. , 89 S. E. 707) Welda State Bank, Benjamin v. Wells, Clark v. Fire Asso. v. v. Hansen (L.R.A.1916F, 97 Kan. 305, 154 Pac. 1033) Victoria Lumber Co. v. Wells & D. Co., Hodson v. Wells Fargo & Co. v. Johnson iL.R.A.1916C, 522, 130 C. C. A. 528, 214 Fed. 180) Welsh v. Spokane & I. E. R. Co. (L.K.A. 1916F, 484, Wash. , 157 1'ae. 679) Welshman, Delaware, L. & W. R. Co. v. West v. Florida Coast Line Canal & Transp. Co. See State ex rel. \\ Florida Coast Line Canal & Transp. Co. v. McCafferty. See State ex rel. West v. McCaflerty. v. State (L.R.A.1917E, 1129, Okla. Crim. Rep. , 164 Pac. 327 ) Western & Southern L. Ins. Co., Gibson v. v. Webster (L.R.A.1917B, 375, 172 Ky. 444, 189 S. W. 429) Western Canada Colonization Co., Wood- ward v. Western Casualty & G. Ins. Co. v. Muskogee County (L.R.A.1917B, 977, Okla. , 159 Pac. 655) Western Empire Land Co., Hokanson v. Western Mortg. gc Warranty Title Co.,. Holter Hardware Co. v. Western M. R. Co., Clark Distilling Co. v. Western Steel & I. Works, Hall Mfg. Co. v. Western U. Teleg. Co. v. Dant (L.R.A.1915B, 685, 42 App. D. C. 398) v. McLaurin (L.R.A.1915C, 487, Miss. , 66 So. 739) Phillips v. Portland v. State Bank of Commerce v. West Penn Rys. Co., Green v. West Virginia v. Adams Exp. Co. (L.R.A. 1916C, 291, 135 C. C. A. 464, 219- Fed. 794) Wetzel, McDaniel v. Whaley, Clyde S. S. Co. v. What Cheer Stables Co., Carroll v. Wheeler v. Laurel Bottling Works (L.TJ.A. 1916E, 1074, Miss. , 71 So. 743) Leighton v. v. McStay (L.R.A.1915B, 181, 160 Iowa, 745. 141 X. W. 404) v. Weightman (L.R.A.1916A, 846, 96 Kan. 50, 149 Pac. H77) Wheeler-Stenzel Co. v. American Window Glass Co. (L.R.A.1915F, 1076, 202 Mass. 471, 89 X. E. 28) Wheeling v. Bryan (L.R.A.1915F, 1219, W. Va. . 86 S. E. 8) Whelan v. Adams (L.R.A.1915D, 551, Okla. , 145 Pac. 158) Whipple v. Rosenstock (L.R.A.101CD, 940 r Neb. . 155 X. W. 898) Whisman, State ex rel. Richards v. TABLE OF CASES. 527 Wbitall-Tatum Co., Brest v. Whitcomb v. Brant (L.K.A.1917D, COO, X. J. , 100 Atl. 175) White, Calloway v. v. Connecticut Co. (L.R.A.1915C, 609, 88 Conn. 614, 92 Atl. 411) County Ct. of Wyoming County v. v. Harbeson (L.R.A.1916D, 1129, Ky. , 183 S. W. 475) Henry v. New York C. R. Co. v. v. Old (LJR.A.1916F, 787, 113 Va. 709, 75 S. E. 182) v. Smith (L.R.A.1017D, 596, 87 Conn. CG3, 89 Atl. 272) Taylor v. v. White (L.R.A.1917D, 639, N. J. , 100 Atl. 235) v. Winter (L.R.A.1917F, 618, 46 App. D. C. 355) White & Co., Astor Trust Co. v. Whitehall Cement Mfg. Co., Mulchanock v. Whitehouse, H. T. & C. Co. v. Whitener-London Realty Co., Neas. v. White Oak Stave Co., Rusmisell v. White Pine County, Ely Water Co. v. Whitley v. Meador (L.R.A.1917D, 736, Tenn. , 192 S. W. 718) Spokane & I. E. R. Co. v. Whitman v. Seaboard Air Line R. Co. (L.R.A.1917F, 717, S. C. , 92 S. E. 861) Whitney v. Bissell (L.R.A.1915D, 257, Or. , 146 Pac. 141) Whitney Co., Sally v. Whitsel v. Watts (L.R.A.1917A, 708, 98 Kan. 508, 159 Pac. 401) Whittet v. Bertsch (L.R.A.1916E, 710, R. I. , 97 Atl. 18) Whittle, Southern Exp. Co. v. Whittlesey v. Seattle (L.R.A.1917D, 1084, - Wash. , 163 Pac. 193) Wichita, Blakeman v. Desser v. Hibbard v. Wichita M. V. R. Co., Bales v. Wicht, Hunt v. Wick v. Beck (L.R.A.1915F, 1162, Iowa, , 153 N. W. 836) Wickstrom, Ransom v. Wiese, Re (L.R.A.1915E, 832, Neb. , 153 N. W. 556) Wiesner v. Bonners Ferry Lumber Co. (L.R.A.1917C, 328, 29 Idaho, 526, 160 Pac. 647) Wightman, Brown v. Wiig v. American Ins. Co. See Wiig v. Girard Fire & M. Ins. Co. v. Girard Fire & M. Ins. Co. (L.R.A. 1917F, 1061, 100 Xeb. 271, 159 N. W. 416) Wilberding v. Miller (L.R.A.1916A. 718, 88 Ohio St. 609, 106 X. E. 665) Wilder, Aurora v. Wile v. Northern P. R. Co. (L.R.A.1916C, 355. 72 Wash. 82, 129 Pac. 889) Wiley, Hurless v. Wilhelm v. Missouri, 0. & G. R. Co. (L.R.A. lOlGC, 1029. Okla. , 152 Pae. 108S) Wilkerson v. Myatt-Dicks Motor Co. (L.R.A. 1915E, 439, 136 La. 977, 68 So. 96) Wilkes-Barre Anthracite Coal Co., Alex- ander v. Wilkins v. Hlllman (L.R.A.1915D, 249, Okla. , 145 Pac. 1111) Wilkinson, Grinnell v. Sawyer v. Willett, Board of County Comrs. v. Williams, Re (L.R.A.1917C, 602, Nev. , 161 Pac. 741) Bordwell v. v. Boston Wharf Co. See Hecht v. Bos- ton Wharf Co. v. Dugan (L.R.A.1916C, 110, 217 Mass. 526, 105 X. E. 615) Early Co. v. v. Fidelity Bkg. & T. Co. See Morrisey v. Williams. v. Johnson (L.R.A.1916E, 217, 177 Mich. 500, 143 X. W. 627) Louisville & N. R. Co. v. McCormack v. Missio v. Morrisey v. Northwestern Marble & Tile Co. v. Roden v. v. Seaboard A. L. R. Co. (L.R.A.1916F, 1219, 163 X. C. 290, 79 S. E. 601) v. Stanton Common School Dist. (L.R.A.1917D, 453, 173 Ky. 708, 191 S. W. 507) v. State (L.R.A.1917B, 586, 125 Ark. 287, 188 S. W. 826) v. Sullivan. See State Bar Commis- sion ex rel. Williams v. Sullivan. v. Washington (L.R.A.1915A, 325, Ga. , 82 S. E. 656) Williamson, Southern Exp. Co. v. United Fuel Gas Co. v. Willis v. Monfort ( Wash. ). See State ex rel. Willis v. Monfort. Union Acci. Co. v. Willmon v. Koyer (L.R.A.1915B, 961, Cal. , 143 Pac. 694) Wills v. Wills (L.R.A.1915B, 770, W. Va. , 82 S. E. 1092) Wilmes v. Chicago G. W. R. Co. (L.R.A. 1917F, 1024, 175 Iowa, 101, 156 X. W. 877) Wilson, Brown v. v. Gevurtz (L.R.A.1917D, 575, Or. , 163 Pac. 86) v. Hotchkiss (L.R.A.1916F, 389, 171 Cal. 617, 154 Pac. 1) Liggett Co. v. Miller v. v. New (L.R.A.1917E, 938, 243 IJ. S. 332, 61 L. ed. 755, 37 Sup. Ct. Rep. 298) v. Northern P. R. Co. (L.R.A.1915E, 991, 30 X. D. 456, 153 X. W. 429) Wilton v. Spokane (L.R.A.1917D, 234, 73 Wash. 619, 132 Pac. 404) Winding v. Frear. See State ex rel. Bolen* v. Frear. Winkelman, Hughes v. Winn v. Anderson (L.R.A.1915C, 581, 161 Ky. 18, 170 S. W. 213) Waters v. Winston v. Moore (L.R.A.1915A, 1190, 244 Pa. 447. 91 Atl. 520) Winston-Salem, Crotts y. 528 TABLE OF CASES. Winston-Salem South-Bound R. Co., Bennett v. Winter v. American Radiator Co. (L.R.A. 1915D, 476, 128 Minn. 508, 151 N. W. 277) White v. Winters, McFarlane v. Wisconsin Brick Co. v. National Surety Co. (L.R.A.1917C, 912, 164 Wis. 585, 160 N. W. 1044). Wisconsin Teleph. Co. v. Railroad Commis- sion (L.R.A.1916E, 748, 162 Wis. 383, P.U.R.1916D, 212, 156 N. W. 614) Wise, Sanders v. Wisner, Stonerook v. Wissmath Packing Co. v. Mississippi River Power Co. (L.R.A.1917F, 790, Iowa, , 162 N. W. 846) Witherspoon-Englar Co., Ruth v. Withycombe v. Stannard. See State ex rel. Withycombe v. Stannard. Witte v. Haben (L.R.A.1916C, 228, Minn. , 154 N. W. 662) Wohletz, Kiler v. Wolcott School Asso., Pitcher v. Wolfe, Hutchins v. Wolfer, State ex rel. Murphy v. Wolff v. Shreveport Gas, E. L. & P. Co. (L.R.A.1916D, 1138, 138 La. 743, 70 So. 789) Woltmann, Manchester v. Wolverine Oil Co., Re (L.R.A.1916F, 141, Okla. , 154 Pac. 362) Wood v. Detroit (L.R.A.1916C, 388, Mich. , 155 N. W. 592) v. Home Nat. Bank. See' Ballard v. Home Xat. Bank. v. Krepps (L.R.A.1915B, 851, Car. . 143 Pac. 691) v. McCook Waterworks Co. (L.R.A. 1915C, 125, Xeb. , 149 N. W. 417) v. Sloan (L.R.A.1915E, 766, N. M. , 148 Pac: 507 ) v. Wood (L.R.A.1916C, 251, Or. , 151 Pac. 969) Woodburn v. Public Service Com. (L.R.A. 1917C. 98, 82 Or. 114, 161 Pac. 391) Woodle v. Settlemyer (L.R.A.1915A, 839, Or. , 141 Pac. 205) Woodmen of the World v. Jackson (L.R.A. 1916F, 166, Okla. , 157 Pac. 92) McLaughlin v. Woodruff v. Piedmont Trust Co. (L.R.A. 1917E, 897, X. C. , 92 S. E. 496) Woods v. Clements (L.R.A.1917E, 357, 113 Miss. 720, 74 So. 422) v. State (L.R.A.1015F, 531, 130 Tenn. 100, 169 S. W. 558) v. Tupelo (L.R.A.1917B, 344, Miss. , 72 So. 879) Woods-Egan Live Stock Com. v. Hicks (L.R.A.1915A, 1132, 92 Kan. 922, 142 Pac. 276) Woodward v. Livermore Falls Water Dist. (L.R.A.1917D, 678, Me. , 100 Atl. 317) Ockerman v. Woodward v. Southern R. Co. (L.R.A.1915C, 477, S. C. , 83 S. E. 591) v. Western Canada Colonization Co. (L.R.A.1917C, 270, - - Minn. , 158 N. W. 706) Wooldridge v. Morehead. So- State ex reL Wooldridge v. Morehead. Woolfson v. Mead (L.R.A.1915A, 396, Xeb. , 148 N. W. 153) Woollcott v. Shubert (L.R.A.1916E, 248, 217 N. Y. 212, 111 X. E. 829) Workmen's Compensation Bd., Kentucky State Journal Co. v. Worthington v. District Ct (L.R.A.1916A, 696, Xev. , 142 Pac. 230) Wright, Bixler v. Fuller v. v. Georgia Southern & F. R. Co. (L.R.A. 1916E, 1134, 66 Fla. 510, 63 So. 909) v. Howe (L.R.A.1916B, 1104, Utah, , 150 Pac. 956) v. May (L.R.A.1915B, 151, 127 Minn. 150, 149 X. W. 9) v. Pfrimmer (L.R.A.1917A, 323, 99 Xeb. 447, 156 X. W. 1060) v. Selden-Breck Constr. Co. (L.R A. 1915E, 740, 97 Neb. 840, 151 X. W. 926) Wyman, York v. Y. Yakima Valley Canal Co., Berg v. Yates Center Nat. Bank v. Allen (L.R.A. 1915A, 100, 92 Kan. 481, 141 Pac. 553) Yawger v. American Surety Co. (L.R.A. 1915D, 481, 212 N. Y. 292, 106 N. E. 64) Yazoo & M. V. R. Co. v. Crawford (L.R.A. 1915C, 250, Miss. , 65 So. 462) Crout v. v. Scott (L.R.A.1915E, 239, Miss. , 67 So. 491) Yearby, Edwards v. Yoder, State v. Yoncalla State Bank v. Gemmill (L.R.A. 1917A, 1223, Minn. , 159 N. W. 798) Yonkers, Murphy v. York, Smallwood v. v. Wyman (L.R.A.1917B, 246, Me. , 98 Atl. 1024) York Mfg. Co., Hight v. Yorkville, Parish v. Yorkville Bank, Bischoff v. Yost Pie Co., Parks v. Young, Central R. Co. v. Kennedy v. Ocklawaha River Farms Co. v. Perry v. Pinson v. Young Men's Christian Asso. v. Olds Co. (L.R.A.1917F, 1132, 84 Wash. 630, 147 Pac. 406) v. Parish (L.R.A.1916D, 272, Wash. , 154 Pac. 785) v. United States Fidelity & G. Co. (L.R.A.1915C, 170, 90 Kan. 332, 133 Pac. 894) TABLE OF CASES. 529 Youngsville Sugar Factory, Barr v. Younker v. McCutchen (L.R.A.1917B, 949, Iowa, , 159 N. W. 441) Yount v. Hoover (L.R.A.1915F, 1120, 95 Kan. 752, 149 Pac. 408) Z. Zabriskie v. Erie R. Co. (L.R.A.1916A, 315, 86 N. J. L. 266, 92 Atl. 385) Zappala v. Industrial Ins. Com. (L.R.A. 1916A, 295, 82 Wash. 314, 144 Pac. 54) Zebold v. Hurst (L.R.A.1917F, 579, Okla. , 166 Pac. 99) L.R.A, Tri. Index 1915-17. 34. Zeller, State v. Zetler v. Tonopah & G. R. Co. (L.R.A.1916A, 1270, 35 Nev. 381, 129 Pac. 299) Zielinski v. Potter (L.R.A.1917D, 822, Mich. , 161 N. W. 851) Zigman v. Beebe & Runyan Furniture Co. (L.R.A.1915D, 536, 97 Neb. 689, 151 N. W. 166) Zinc Co. v. Smith (128 Tenn. 447). See American Zinc Co. v. Smith. Zinc Corporation v. Hirsch (L.R.A.1917C 650, [1916] 1 K. B. 541) Zinn v. Sidler (L.R.A.1917A, 455, Mo. , 187 S. W. 1172) TABLE OF SUPPLEMENTED L.R.A. NOTES. In the first column of this table, arranged in order of volumes and pages, will be found those L.R.A. notes that have been afterwards supplemented in volumes prior to L.R.A.1917A, and opposite them, in the parallel col- umn, appear the supplementary notes. In every instance, whether all or only part of a note has been supple- mented, the initial page of that note appears in proper sequence in the left hand column. Figures in parenthesis following the initial page, on the same line or on the next indented line, refer to a later page of the same note and indicate that only the part or subdivision of the note which begins on that page is supplemented by the corresponding note in the right hand column. In a few instances, a word or phrase in parenthesis has been used to indicate the part of the note that has been supplemented. In the second column the colon between the volume and page numbers represents the letters "L.R.A." This table is for quick reference by one who is using any L.R.A. note and wishes to know on the instant whether or not it has been supplemented later. It is not in any sense a substitute for the Index to Notes. In addi- tion to annotation which specifically supplements an earlier note, other kindred, collateral, or closely related annotations may be found in the Index to Notes which will prove very valuable. 1 L.R.A. 131 13: 374. 143 (145) 17: 130. 19: 53. 191 (192) 4 285 20 432.. 12 717. 765. 73. 2 L.R.A. 129 (130) 19:(N.S.)273. 153 (154) 14: 264. 366 19: 339. 285 14: 300 20: 635. 350 16: 60. 520 (521) 36:(N.S.)547. 688 (670) 12: 161. 27:(X.S.)62. 733 (734) 4: 717. 798 (801) 16: 730. 825 33: (X.S.)606. 844 54:231. 45:(X.S.)982. 3 L.R.A. 174 (175) 17:474. V 224 14: 193. 230 18: 171. 19: 700. 247 14: 371. 385 17: 79. 609 12: 486. 4 L.R.A. 33 (41) 67: 33. 34:(N.S.)261. 38:(N.S.)40. 51 13: 374. 117 27:(N.S.)1158. 30:(N.S.)914. 209 59: 90. 555 14: 721. 572 12: 486. 680 14: 193. 738 12: 161. 27:(N.S.)62. 531 532 TABLE OF SUPPLEMENTED L.R.A. JNUTKS. 4 L.R.A. cont'd. 785 (791) ............. 12: 220. 13:(N.S.)197. 793 ................... 18: 792. 850(851) ............. 16: 819. 5 L.R.A. 143 (144) ............. 20: (N.S.)689. 253 (255) ............. 20:(N.S.)689. 270 (273) ............. 17:211. 276 (289) ............. 23: 131. 759 (760) ............. 24: 231. x 765 ................... 22: 808. 817 (818) ............. 18: 105. 6 L.R.A. 33 (35) .............. 17: 273. (45,46) ............ 17: 272. (47) ............... 17:270. 75(76) .............. 13: 374. 161 (162) ............. 5: (N.S.)340. 167 ................... 27:(N.S.)25. 545 ................... 17: 79. 579 ................... 13: 107. 610(611) ............. 25: 275. 621 ................... 21: 789. 788 ................... 14: 230. 30:(N.S.)319. 43:(N.S.)97. 813 ................... 3 : (N.S.) 334. 4:(N.S.)366. 838 ................... 17: 272. 7 L.R.A. 327 ................... 39 : (N.S.) 844. 498 ................... 14: 193. 500 ............. : ..... 18: 792. 765 ................... 14: 69. 826 ................... 25: 566. 8 L.R.A. 414 ................... 14: 862. 443 18 79 490 (491) ...'."..'.'.'..'... 1:(X.S.)279. 494 (495) ............. 17: 79. 640(643) ............. 17: 130. 19:53. 687 ................... 25: 566. 9 L.R.A. 69 ................... 24: 584. 140(143) ............. 2:(X.S.)1052, 1063. 41:(N.S.)695. 321 ................... 36 : (X.S.J547. 589 ................... 14: r,7!>. 593 ................... 16: 526. 10 L.R.A. 129 ................... 14: 585. 60: 330. 178 (180) ............. 20:(N.S.)689. 193 (194) ............. 14: 268. 366 ................... 41: (N r .S.)683. 1916B, 827. 369 ................... 36 : (N.S.)464. 401 ................... 17: 270. 411 ................... 16: 6(58. 473 (476) ............. 20: (X.S.)689. 507 (508) ............. 21: 550. 550.. ..51:863. 10 L.R.A. cont'd. 653 17: 79. 676(677) 17: 326. (679) 17: 328. 734 (738) 20:(N.S.)C39. 816 15: (N.S.)73. 11 L.R.A. 43 (50) 47: 33. 39:(N.S.)487. 63 14: 193. 185 ; 15 : (N.S.) 73. 285 22: (N.S.)35. 305 27 : (X.S.) 1158. 30:(N.S.)914. 460 25: 291. 634 14: 370. 14: 381. 15: 377. 684 (686) 18: 171. 19: 700. 687 2: (N.S.)285. 817 41 : (X.S.) 730. 839 21: 217. 845 (847) 20: 765. 12 L.R.A. 140 36: 539. 161 27:(NJS.)62. 168 20: 765. 205 22: 372. 220 13 : (X.S.)197. ' 342 ,..13: 374. 781 (783) 45: 394. 810 22: 808. 13 L.R.A. 177 17: 243. 36:(X.S.)881. 217 14: 69. 14: (X.S.) 112. (legislative power) .16: 695. 388 47 : (X.S.)668. 712 32: 43. 721 38: 208. 5:(X.S.)415. 27: (X.S.) 532. 761 47: 820. 796 (797) 49: 156. 844 2:(N.S.)152. 14 L.R.A. 69 14:(X.S.)112. 78 20: (X.S.)58. 103 7 : (X.S.)617. 128 19: 206. 47:(X.S.)811. 138 27:(X.S.)92. 44:(X.S.)164. 151 (156) 26: 802. 160 26: (X.S.)1126. 1916D, 1063. 208 13:(X.S.)1141. 230 30: (X.S.)319. 43:(X.S.)97. 268 15 : (X.S.) 711. 300 20: 635. 325 17: 853. 21: 798. 370 36: (X.S.) 1115. 381 15: 377. 386 60: 496. TABLE OF SUPPLEMENTED L.K.A. XOTES. 533 14 L.R.A. cont'd. 459 1915D, 458. 466 23: (N.S.)463. 1915E, 936. 540 16: (N.S.)98. 34:(N.S.)940. 1915E, 186. 548 18: 449. 556 (560) 19: 643. 685 1915B, 770. 690 (692, 693) 1915D, 982. 733 8:(X.S.)656. 737 (738) 4: (N.S.)485. 32:(N.S.)1201. 1915E, 668. (740) .'..21:297. 23:(N.S.)1056. 745 1916E,68. 781 4:(X.S.)80. 16:(N.S.)H29. 791 27: 195. (792) 44: 795. 792 15: 783. 828 (830) 65: 753. 65: 854. 15 L.R.A. 33 (35) 13:(N.S.)601. 29:(X.S.)808. 1916C, 364. 93 43: (X.S.)824. 160 10: (X.S.)177. 21:(X.S.)178.- 39: (X.S.) 744. 19170,1153. 190 .52: (N.S.)369. . 249 40: 510, 519. 19:(N.S.)835. 28:(N.S.)673. 19150,359. 296 (298) 66: 51. 347 19150,664. 395 (396) 43: (X.S.)207. 413 37:(N.S.)281. 456 18: 456. 459 21 : (N.S.)977. 487 16: (X.S.)193. 509 43: (X.S.)565. 531 7:(N.S.)582. 40: (X.S.) 585. 1916D, 1276. 542 59: 181. 583 (585, amount) 56: 312. (585, party) 56: 211. 18:(N.S.)1252. 612 19: 658. 11:(N.S.)930. 28:(N.S.)757. 37:(N.S.)1115. 635 17: (N.S.)1126. 717 21:(N.S.)277. 32:(N.S.)940. 1917F, 861. 722 14: (X.S.)556. 781 4:(N.S.)629. 44:(N.S.)68. 860 29: (N.S.)183. 16 L.R.A. 49 40:(N.S.)279. 91 50:(N.S.)42. 205 48 : (X.S.) 652. 16 L.R.A. cont'd. 268 (269) 17: 71. 395 16: (N.S.)621. 468 41 : (N.S.)230. 497 59: 146. 38:(X.S.)297. 516 39:(X.S.)847. 547 28: 849. 578 24:(X.S.)160. 600 36: (N.S.)354. 1915D, 204. 627 2:(X.S.)105. 32:(X.S.)1206. 646 5 : (X.S.) 860. 23: (X.S.) 500. 677 15:(X.S.)674. 745 4 : (X.S.)427. 33:(N.S.)883. 1915A, 521. 17 L.R.A. 81 (82) 14:(X.S.)431. 129 (130) 19: 53. 188 17:(X.S.)108. 225 47:(X.S.)309. 243 (245) .36:(X.S.)882. 254 14: (X.S.)998. 31:(X.S.)667. 1915D, 962. 275 41: (X.S.)430. (276) 21: 213,222. 296 35: (X.S.) 1210. 49: (X.S.) 1108. 330 28: (X.S.)1124. 435 8:(X.S.)117. 33: (X.S.) 139. 474 (477) 36: (X.S.)709, 718. (480, pipes) 7:(X.S.)506. (480, poles) 24: 721. 494 36: 724,733. 549.... 19160,196. 691 18: (X.S.)427. 705 39 : 745. 779 1917D, 450. 792 12: (X.S.)310. 853 21: 789,798. 18 L.R.A. 45 5:(X.S.)680. 46:(X.S.)990. 1917D, 442. 63 19160,1033. 75 (77) 26: (X.S.) 1180. 100 20: (X.S.)742. 166 68 : 699. 15:(X.S.)49. 170 (171) 19: 700. 224 27:(X.S.)461 275 1916E, 1282. 305 30:(X.S.)85. 375 1916E,650. 449 (450) 28:(X.S.)66. 19160, 1109. 473 (476) 39: (X.S.)967. 481 (482) 21:(X.S.)442. 491 (492) 26: (X.S.)614. 582 (584) 29: 845. 604 36: (N.S.)1181. 695 42: 175. 19160, 150. 534 TABLE OF SUPPLEMENTED L.R.A: NOTES. 19 L.R.A. 92 64: 236. 17:(N.S.)650. 23:(N.S.)331. 25:(N.S.)465. 37:(N.S.)193. 1915A, 369. 99 17 : (N.S.)648. 141 21: 796. 65: 38. 12:(N.S.)1130. 26:(N.S.)242. 35:(N.S.)628. 40: (X.S.) 893. 177 42:(N.S.)877. 206 47 : (N.S.)811. 211 51 : (N.S.)1048. 222 (225) 60: 331. 289 50: (N.S.)1197. 316 49: 203. 15:(N.S.)687. 331 41: (N.S.)187. 342 1915F, 1093. 371 30: (N.S.)278. 452 1: (N.S.)665. 577 67: 209. 3:(X.S.)608. 20: (X.S.) 264. 1915F, 880. (580) 36: 582. 594 38: (X.S.)474. 653 11: (X.S.)930. 18:(N.S.)244. 28: (X.S.) 757. 37:(N.S.)1115. 52:(X.S.)91. 665 1915A.400. 689 16: (N.S.)794. 721 13: (X.S.)278. 775 (false pretenses) . . .49: (X.S.)835, 837. 792 64: 119. 51:(N.S.)907. 814 59: 162. 858. 39: 672. / 25:(N.S.)251. 20 L.R.A. 101 25: (N.S.)1194. 342 4:(N.S.)1121. 391 15 : (X.S.)657. 434 22: 181. 3.->: C36. 487 inif>C, 158. 538 16 : (X.S.) 1006. 668 32: 236. 737 31:(X.S.)636. 785 11: (X.S.)1018. 21: (X.S.) 1005. 1917A, 719. 21 L.R.A. 33 (48) 69: 42. 71 25:(X.S.)267. 76 18: (X.S.)320. 84 2:(X.S.)631. 25:(X.S.)193. 34: (X.S.) 454. 146 43:(X.S.)634. 169 1915F. 587. 174 42:(X.S.)799. 206 1:(X.S.)474. 21 L.R.A. cont'd. 233 16 : (N.S.) 746. 28:(N.S.)615. 255 36: (N.S.)l'->4. 265 20:(N.S.)(i..'i. 289 9: (N.S.)407. 41:(X.S.)799. 1915B, 621. 289(295) 5:(N.S.)1012. 38:(N.8.)259. (297) 23:(X.S.)1056. 354 22: (X.S.)741. 1915C, 181. 355 29: (X.S.)846. 358 24: 711. 22:(X.S.)742, 755. 471 67: 33,60. 485 21:(X.S.r-^i; 502 31: (VS., !:;_>. 50: (X.S.) 1040. (511) 31:(X.S.)138. 623 (629) 23: (X.S.)1124. 662 27:(Vv 1915B,247. 729 46:(X.S.)3. 776 25: (X.S.)257. 1917B, 786. 789 (796) 65: 38. 12:(X.S.)1130. 26:(N.S.)242. 35:(X.S.)628. 40: (X.S.) 893. (797) 28: 344. 15:(X.S.)350. 27:(X.S.)255. 35:(N.S.)549. 829 33 : (X.S.) 923. 22 L.R.A. 148 (149) 1916D, 132. 187 15 : (X.S.)868. 31:(N.S.)783. 34: (X.S.) 737. (189) : . . . 15: (X.S.)856. (195) 15: (X.S.)884. 1917F,472. 233 43 : (X.S.)262. 1917C, 236. 256 (257) 30: (X.S.)l. 46: (X.S.) 1096. 415 (428) 30: (X.S.)68. 460 8:(N.S.)656. 536 8:(X.S.)350. (540) 23: 158. 561 6: (X.S.)905. 34: (X.S.) 118. 1916B, 947. 594 30: 317. 649 13: (X.S.)820. 663 13: (X.S.)561. 43: (X.S.) 187. 1916F,1126. 794 31 : (X.S.)632. 824 r^.-.( X.S. > 142. 1916B, 1186. 23 L.R.A. 33 (44) . 120 (124) .6.-): 3f)3. .('..-,: .302. .1C: (X.S.) 233. TABLE OF SUPPLEMENTED L.R.A. KOTES. 535 23 L.R.A. cont'd. 146 ................... 61: 05. 21: (X.S.) 1021. 36:(N.S.)1045. 52:(N.S.)402. 157 ................... 26: 198. 215 ................... 40: (N.S.)168. 239 ................... 16: (N.S.)114. 301 (303) ............. 36: (N.S.)812. 313 ................... 25:(N.S.)394. 325 (326) ............. 39:(X.S.)658. 335 ................... 1917F, 1010. 340 ................... 40:(N.S.)1. 449 ................... 1917C,8. 490 (496) ............. 4:(N.S.)460. 520 ................... 47: (X.S.) 1162. 622 ................... 19: (X.S.)531. 642 ................... 30: (X.S.)115. 658 ................... 7 : (N.S.)108. 36: (X.S.) 1194. 1915A, 382. 681 ....... . ........... 12 : (N.S.) 1010. 707 ................... 45: (X.S.)349. (712) ............. 5:(N.S.)1002. 21:(N.S.)914. 39:(N.S.)1187. 737 ................... 26: (X.S.)232. (743) ............. 12:(N.S.)895. 26:(N.S.)237. 780 ................... 19 : (N.S.)915. 24 L.R.A. 64 ................... 22: (X.S.)276. 38:(N.S.)272. 1915D, 911. 212 ................... 46 : (N.S.)409. 272 .......... ... ...... 1917A,91. 295 ................... 57: 88. 2:(N.S.)127. 10: (X.S.) 693. 369 ................... 26: 599. 412 (413) ............. 51:(X.S.)275. 433 ................... 30: (X.S )1001. 1917C.97. 577 ................... 27:(N.S.)94. 592 ................... 44 : (X.S.)358. 629 ................... 13: (X.S.)244. 1915C, 467. (634) ............. 34: (X.S.) 1080. ' 1917F,362. 684 ................... 1915D, 856. 710(711) ............. 22:(X.S.)742. 763 (765) ............. 10: (X.S.)121. 38: (X.S.) 1195. 1917F, 597. 789 ................... 16 : (X.S.)947. 800 ................... 42: (X.S.) 183. 806 ................... 24: (X.S.)639. 831 ................... 57: 167,169. 25 L.R.A. 33 ................... 2:(X.S.)744. 48 ................... 39: (X.S.)295. 67 (68) ... ........... 13:(X.S.)14(V 39:(X.S.)46. 90 ................... 18 : (X.S.)1106. 152 ................... 2(5: 728. 161 ................... 35:(X.S.)1016. 257 ................... 2:(X.S.)783. (274) ............. 9:(X.S.)49. 25 L.R.A. cont'd. 287 51:(X.S.)618. (289) 8:(X.S.)1069. 41:(N.S.)264. 320 1916E, 207. 341 25: 349. 30:(N.S.)946. 51: (X.S.) 825. 360 40: 717. 37:(XJS.)1005. 386 7:(X.S.)651. (393) 50: 429. 527 1:(X.S.)756. 593 47 : (X.S.)807. 627 16 : (X.S.)555. 759 25: 848. 32: 853. 784 16: (X.S.)1103. (786) 32: (X.S.)566. 41:(X.S.)274. (790) 69: 513. 848 32: 853. 26 L.R.A. 48 20:(X.S.)484. 37:(X.S.)539. 1915D, 1118. (52) 20 : (X.S.)489. 153 42: (X.S.)83. 197 (201) 36: (X.S.)1171. 237 22: (X.S.)848. 340 39:649, 661, 667. 20: (X.S.) 146. 1916C, 564. 366 28 : (X.S.) 1106. 504 32 : (X.S.)968. 1915E, 766. 544 50: (X.S.)979. 581 36 : (X.S.) 341. 51: (X.S.) 234. 686 (excavations) 5 : (X.S.) 723. 638 43: (X.S.) 1066. 659 (662) 39: 68. 36: (X.S.) 1115. 707 (711) 30: (X.S.)127. 27 L R A 56*. . '. 42: (X.S.)1013. 82 41: (X.S.)280. 92 44:(X.S.)164. 136 21 : (X.S.)228. 39: (X.S.) 1007. 161(169) 9:(X.S.)1035. 248 18: (X.S.)441. 340 28: 99, 105, 136. 426 36: 539. 449 37 : (X.S.)889. 540 21 : (X.S.)830. 1915D, 209. 669 25: (X.S.) 1040. 33: (X.S.) 336. 776 (788) 49 : (X.S.)1215. 28 L.R.A. 249 : . . . 12 : (X.S.) 112. 40-: (X.S.) 935. (drains or sewers) . . 1915A, 129. 289 51:(X.S.)668. 530 TABLE OF SUPPLEMENTED L.R.A. NOTES. 28 L.R.A. cont'd. 344 15 : (N.S.)350. 27:(N.S.)255. 35:(X.S.)549. 51:(N.S.)1097. 433 25: (N.S.)343. 1916F, 570. (441) 12:(X.S.)670. 25:(X.S.)356. 546 4:(X.S.)49. 1915C, 789. 600 1916E,452. 829 29: (N.S.)224. 29 L.R.A. 33 12:(N.S.)240. 120 43: (N.S.)874. 154 24: (N.S.)369. 226 1:(N.S.)255. (227, 242) 46: (N.S.)260. 305 3:(N.S.)1079. 337 32: (N.S.)809. 1915E, 1023. 485 (486) 13:(X.S.)916. 1915D, 843. 541 (552) 2G:(N.S.)603. 1916C, 923, 929. 685 1:(N.S.)650. 761 1915D.1195. 786 (792) 57: 57. 58: 564. 30 L.R.A. 161 48: (N.S.)990. 186 21: (N.S.)76. 206 48: (N.S.)525. 305 (320) 33:(N.S.)166, 167. (333) 10: (N.S.)463. 1915C, 396. (335) .42: (N.S.)98. 521 14 : (N.S.)1003. 25:(N.S.)840. 19 15 A, 491. 560 (569-571) 35: (N.S.)142. 609 32: (N.S.)247. 737 : 4: (N.S.)213. 31 L.R.A. 234 : .16 : (N.S.)878. 33:(N.S.)738. 49:(N.S.)132. 261 31 : (N.S.)813. 321 50: 462. 12:(N.S.)853. 19:(N.S.)717. 23:(N.S.)954. 465 1915F.766. 489 37 : (N.S.)790, 796. 515(519) 7:(N.S.)272. 566 22 : (X.S.)1169. (589) 32: 403. 22:(N.S.)1177. 609 (646) 32: 71. 747 (763-770) 35: (N.S.)142. 798 36: (N.S.)220. (806) 14:(X.S.)654. 32 L.R.A. 116 24: (N.S.)1168. (117) 33: 657 S2 L.R.A. cont'd. 142 23: (N.S.)345. (144) 17:(N.S.)594. 1917E, 1049. 177 1915E.3: 7. 208 69: 682. 293 46: (N.S.)72. (297) 9:(N.S.)689. 44:(X.S.)544. 403 22: (N.S.)1177. 465 38: (N.S.)891. 543 49: (X.S.)429. 595 25: (X.S.)439. 715 38: (N.S.)U6. 1917F, 603. 744 (748) 40:(N.S.)609. 33 L.R.A. 33 4 : (N.S.)782; 48:(X.S.)156. 85(87) 1917E.361. 118 31: (X.S.)580. 177 (183) 15:(N.S.)108. 25: (N.S.) 1001. 231 (after maturity) . . .28:(X.S.)998. (before maturity) . .23:(N.S.)403. (235) 15: (N.S.)1165. 23:(N.S.)403. 266 25 : (N.S.)436. (274, 281) 25: (X.S.)438. 546 23 : (N.S.) 10. 660 52: (N.S.)1152. . 847(848) 44:(X.S.) 50. 34 L.R.A. 33 (38) 11:(X.S.)789. 28:(X.S.)450. (43) k 1917D.1104. 110 25: (X.S.)234. 137 1916D, 1202. (common carrier) . . .21: (N.S.) 188. (138) 11:(N.S.)789. 28:(X.S.)450. 161 39: 264. 193 27 : (X.S.)695. 393 24: (X.S.)431. 48: (N.S.) 204. 481 21: (X.S.)283. 48:(X.S.)823. 509 1 : (X.S.)520. 609 17:(X.S.)1161. (611) 46: 86. 17:(X.S.)1165. 634 1915B, 64."). (665) 17:(X.S.)1140. 1915B, 645. 720 37:(N.S.)518. 1916E, 767. 737 33: (X.S.J895. 788 8:(X.S.)384. IHl.lE, 1095. 824 34: (X.S.)798. 48:(X.S.)917. 1916D, 1224. 35 L.R.A. 33 18:(X.S.)451. 32:(X.S.)303. 44:(X.S.)57. 1916F, 864. 58 18 : (X.S.) 1259. 29:(X.S.)770. TABLE OF SUPPLEMENTED L.R.A. NOTES. 537 35 L.R.A. cont'd. 141 20: (N.S.)261. 41:(N.S.)315. 289 49: (N.S.)H29. (298) 49:(N.S.)H42. 372 30:(N.S.)761. 417 (421) 1915A, 100. 489 9:(N.S.)579. 21:(N.S.)868. 512 50: (N.S.)454. 561 1915C, 558. 647 8:(N.S.)231. 678 1:(N.S.)188. 701 (705) 45: (N.S.)1123. 802 51: (N.S.)843. 36 L.R.A. 92 10: (X.S.)542. 117 1917A, 1167. 139 19:(N.S.)249. 196 (nonsupport) 1916E, 762. 232 41: (N.S.)1009. 1915C, 661. 293 '. 2 : (X.S.)95. 413 (414) 23:(N.S.)453. 434 35: (X.S.)776. 465 (homicide) 13: (X.S.) 1024. 25:(N.S.)376. 52: (X.S.) 230. 582 47: (N.S.)689. 721 44: (N.S.)119. 781 38:(X.S.)383. 87 L.R.A. 116 1:(X.S.)477. 8:(N.S.)95. 35:(X.S.)979. 1916A, 660. (121) 30:(X.S.)339. 1916A,468. 207 1916E, 1163. 233 29: (X.S.)194. 1916F, 506. 261 27:(X.S.)62. 301 49: (X.S.) 1026. 423 46: (X.S.) 1028. 518 29: (X.S.)lOo. 520 2:(X.S.)197, 1196. 561 (575) 14:(X.S.)937. 593 (610) 14 : (X.S.) 1210. 783 1:(N.S.)1147. 830 (836) 1915C, 595. 38 L.R.A. 97 (100) 46:(X.S.)188. 208 27:(X.S.)532. (214) 5:(X.S.)415. 1915F, 898. 305 (306) 39: 621. (319) 20: (X.S.) 1050. (324) 39: 681. (330) 9:(N.S.)1197. (332) 39:(N.S.)266. 433 50: (X.S.)864. 529 23 : (X.S.)352. 29: (X.S.) 635. 34: (X.S.) 126. 1917B, 108. 577 10: 1131. 640 (655) 28:(X.S.)122. 687 52:(X.S.)171. 38 L.R.A. -cont'd. 721(747) 39:331. 786 30: (N.S.)270. 39 L.R.A. 33 19166,1263. 305(328) 42: 767. 491 67: 839. 551 18 : (N.S.) 156. 32: (X.S.) 554. 581 60: 481,500. 1916E, 523. (590) 3:(X.S.)997. 649 (661, 667) 20: (X.S.) 146. 1916C, 564. (672) 25:(X.S.)251. 715 (720) 6:(X.S.)575. 737 44: (N.S.)119. 775 35: (X.S.) 1090. 40 L.R.A. 131 47: (N.S.) 730. 1916F, 101. 177 62: 683. 25: (X.S.) 831. 52: (X.S.) 736. 432 22: (X.S.)779. 27: (X.S.) 1164. 40: (X.S.) 135. 465 (470) 41: 322. 503 (510) 19:(X.S.)835. 28:(N.S.)673. 1915C, 359. 593 22: (X.S.)345. 717 37: (X.S.) 1005. 737 .' 38 : (X.S.) 818. 41 L.R.A. 321 (328) 42: 822. 371 (377) 32: (X.S.)376. 422 19: (N.S.)658. 494 64: 983, 9S6. 35:(X.S.)824. 593 50: (X.S.)266. 650 (660) 16:(X.S.)786. 20':(N.S.)321. 33: (N.S.) 419. I ! 42 L.R.A. 110 11: (N.S.) 1142. 175 1916C ? 150. 247 See Indexes under "Insurance"- "Incontestability." 293 (294) , . 4: (X.S.)558. 1915A, 797. 368 (394) 1915B, 703. 432 35: (X.S.)870. 1917E, 730. 553 23: (X.S.) 1023. 753 (768) 45: (X.S.) 181. (771) 64: 317. 43 L.R.A. 33 (59) 14:(X.S.)862. 46:(X.S.)38. 225 8:(X.S.)108. 44: (X.S.) 643. 277 43:(X.S.)945. 305 (371) '9:(X.S.)972. 554 25 : (X.S.) 1265. 538 TABLE OF SUPPLEMENTED L.R.A. NOTES. 43 L.R.A. cont'd. 593(609) 3:(N.S.)576. 24:(X.S.)H82. 1915E, 714. 706 14 : (N.S.)464. 34: (X.S.) 283. 814 27 : (N.S.)803. (816) 16: (N.S.)938. 44 L.R.A. 177 (180) 12:(N.S.)1173. 321 (337) 23:(N.S.)164. 27: (X.S.) 196. (347) 21:(X.S.)328. 400 16 : (N.S.)728. 527 1915F, 854. 593(601) 9:(N.S.)933. (605) 46: (X.S.)129. 737 (750) ...36: (X.S.) 887. 45 L.R.A. 33 (44) 24:(X.S.)659. (48) 34:B, 505. (222) ............. 33:(X.S.)275. 320 ................... 19160,1094. (330) ............. 17:(N.S.)124. 1916C, 1097. 353 ................... 9:(X.S.)174. 43: (X.S.) 639. (360) ............. 37:(X.S.)944. (381) ............. 57: 57. 657 ................... 1916D, 1020. 698 (706) ............. 28:(X.S.)337. (713) ............. 1915F, 759. 52 L.R.A. 33 (47) .............. 13:(X.S.)253. (54) .............. 46:(X.S.)470. TABLE OF SUPPLEMENTED L.R.A. NOTES. 539 52 L.R.A. cont'd. 106 38 : (N.8.)994. 105 :. .40: (N.S.)698, 704, 732 (187) ,40:(NJ3.)408, 417. 448 . 15:(X.S.)840. 500 (502) 1917B, 1148. 545 (578,595) 36: (N.S.)899. 790 1:(X.S.)1110. 10:(N.S.)706. 37:(N.S.)409. 1915A, 722. 53 L.R.A. 33 30: (N.S.)483. (91) 27:(X.S.)639. 49:(N.S.)927. 193 15: (N.S.)1277. 353 26: (N.S.)520. (366) 7:(N.S.)1053. 33:(N.S.)741. 432 38:(X.S.)255. 732 24: (X.S.) 1286. 891 (895,903) 22: (N.S.)281. 934 (939) 1916F, 206. 54 L.R.A. 33 13:(N.S.)742. (52) 20:(N.S.)793. (71) 17:(N.S.)568. (124) 10:(N.S.)1103. 225 19:(X.S.)233. (231) 45: (X.S.)982. (233) 14:(X.S.)1172. 440 2:(X.S.)(><>6. 25:(X.S.)596. 1915B.1121. (448) 25: (N.S.)GOO. 513 40:(X.S.)249. 673 50:(X.S.)78. 718 7:(N.S.)1114. 865 9:(X.S.)224. 38:(X.S.)941. 934 3:(X.S.)47.. 21:(N.S.)267. 55 L.R.A. 122 (136) 1916A, 982. 353 34: (N.S.)510. 381 (384) . .19:(X.S.)84. 418 36:(X.S.)957. (424) 36:(X.S.)957. 513 (530) 34: (N.S.)615. 650 43: (N.S.)80G. 1915E, 281. 713 1915C, 681. . 751 (bad loans and in- vestments) 39: (X.S.)173. 56 L.R.A. 33 (77) 4:(X.S.)786. 27: (X.S.) 550. 193 40: (X.S.) 1095. 1915F, 955. (211) 18 : (X.S.)1252. 1917A,37. 301 62: 37. 353 (358) 40: (X.S.)1195. (360) 50: (X.S.)1167. (367) 52:(X.S.)910. 56 L.R.A. cont'd. (375) 21: (X.S.)840. (406) 30:(N.S.)391. (414,415) 30:(N.S.)398. (421) 1:(N.S.)419. (434) 16: (X.S.)660. 52:(X.S.)153. (441) 37:(X.S.)252. (445) 52: (X.S.)152. 513 (538) 44:(X.S.)871. 741 1917F, 848. 784 39: (X.S.)1182. 1915E,618. 905 27 : (X.S.) 1086. 57 L.R.A. 33 (57) 58: 564,568. (88) 10:(X.S.)693. 155 11: (X.S.) 1082. 17:(X.S.)800. 26: (X.S.) 179. 28: (X.S.) 753. 43: (X.S.) 355. 353 29: (X.S.)781. 432 46: (X.S.)llSO. 513 26: (X.S.)764. 26: (X.S.) 774. 1916A, 1054. 583 44:(X.S.)505. 643 (651) 1916F.358. 673 35:(X.S.)574. (684) 9:(X.S.)1117. 16: (X.S.) 672. 19:(X.S.)1056. 36: (X.S.) 33. 42: (X.S.) 643. 784 20: (X.S.)1133. 1917A, 74. 817 (820, scaffolds) 1915F, 1036. (820, railroads) 19 : (X.S.) 738. 875 1916A, 1191. 932 9: (X.S.)426. 58 L.R.A. 33 26 : (X.S.)973. (railroads) 1915A, 129. (47) 16:(X.S.)146. 21:(X.S.)f>01. 155 30:(X.S.)360. 293 (295, reservation) . .19: (X.S.)618. 191 5E, 800. (299) 24:(X.S.)4. ; >1. (306) 14:(X.S.)322. 321 (municipality) 20: (X.S.) 656. 20:(X.S.)201. (328) 9:(X.S.)598. 28: (X.S.) 200. 51: (X.S.) 309. 513 (589) 15:(X.S.)952. 30: (X.S.) 705. (599) 1915C.380. (600) 30: (X.S.)704. 673 35:(X.S.)227. 788 26 : (X.S.)8] 6. 28:(X.S.)S25, 1917E, 1083. .833 38: (X.S.) 1000. 59 L.R.A. 33 (logs) 51:(X.S.)H72. 135 23:(X.S.)]2r>4. (146,148,163) 38:(X.S.)297. 540 TABLE OF SUPPLEMENTED L.R.A. NOTES. 69 L.R.A. cont'd. (162) 18 : (X.S.)647. 1917B, 1032. (177) 39:(N.S.)988. (178) 9:(X.S.)1168. 28:(N.S.)1068. (180) 34 : (N.S.)1106. 1915E.421. (181) 41:(N.S.)219. 465 8 : (N.S.)762. 34:(N.S.)58. 1915B, 834. 1916E, 715. 513 30: (X.S.)462. 52:(X.S.)574. 1916D, 831. 604 37 : (X.S.)1058. 673 52: (N.S.)988. 817 28: (N.S.)156. 60 L.R.A. 294 51 : (X.S.)534. 321 (366) 15:(N.S.)952. 30:(N.S.)704. 481 26: (X.S.)794. (500) 1916E, 523. (502) 41 : (N.S.)469. (tidal) 31 : (N.S.)396. (512) 31:(N.S.)434. 641 (664) 39:(N.S.)1051. 850 1 : (N.S.) 766. 1915A,1118. 61 L.R.A. 33 (58) 23:(X.S.)204. (58) 25:(N.S.)239. (95) 25: (X.S.)239. 86: (N.S.) 1046. (95) 36: (X.S.)1045. 52:(X.S.)402. (98) 1917D, 707. (105) 31:(N.S.)301. 40:(N.S.)263. (107) 39:(N.S.)814. (115) 39:(X.S.)814. 193 19: (X.S.)665. 277 (287) 1915D, 201. 583 7 : (X.S.) 424. 19:(X.S.)516. 20:(X.S.)635. 43:(X.S.)1116. 7:(X.S.)424. 19:(X.S.)516. 621 25 : (X.S.) 50. 30:(X.S.)694. 44:(X.S.)15f>. 1916F, 286. 673 (694) 20: (X.S.) 1050. 47:(N.S.)1C9. 746 1916F,856. 833 (865) 1915E, 687. 62 L.R.A. 33 1916D, 750. 193 (incest) 26: (X.S.)466. 1915A, 138. (rape) 48: (X.S.)236. (sodomy) 46: (X.S.)266. (false pretenses) . . .43: (X.S.)667. (forgery) 43: (X.S.) 754. (embezzlement) 43: (X.S.)774. (larceny) 43: (X.S.)777. (arson) 1915A, 809. 62 L.R.A. cont'd. (bribery) ......... 1915B, 103. (robbery) . ........ 1917D, 388. 369 ................... 1917C.1119. 673 (683) ............. 25: (X.S.)831. 52: (X.S.) 736. (714) ............. 5:(X.S.)899. 19:(X.S.)561. 27:(X.S.)966. 48: (X.S.) 893. 795 (797) ............. 6: (X.S.)928. (798,802) ......... 33:(X.S.)54. 817 (861) ............. 36: (X.S.)162. (866) ............. 18:(X.S.)520. (870) ............. 34: (X.S.) 1004. (873) ............. 41:(X.S.)391. 974 ................... 1915F.S20. 63 L.R.A. 163 ................... 18: (X.S.)520. 193 ................... 16: (X.S.)645. 289 ................... 4 : (X.S.) 1118. 353 (387) ............. 4.K (X.S.)219. 513 ................... 18 : (N.S.)874. (532) ............. 5:(X.S.)751. 23:(X.S.)648. 28:(X.S.)490. ' 29: (X.S.) 795. 41:(X.S.)223. 616 ................... 29 : (X.S.)775. 673 ................... 15 : (X.S.)976. 833 ................... 23: (N.S.)968. 52:(X.S.)275. 902 ................... 49: (N.S.)580. 963 (984) ............. 36: (X.S.)162. 64 L.R.A. 33 (59) .............. 38:(X.S.)907. 119 ................... 51 : (N.S.)907. 160 ................... 46: (N.S.)650. 236 ................... 17 : (X.S.)650. 23: (X.S.) 331. 25: (X.S.) 465. 37: (X.S.) 193. 1915A,369. 353(356) ............. 6:(X.S.)040. - 35: (X.S.) 385. 1917D, 942. 474 (481) ............. 3: (X.S.)!)29. 501 ................... 16: (X.S.)1026. 1915D, 838. 581 ................... 17: (X.S.)1113. 648 (665) ............. 16:(X.S.)210. 689 (712) ............. 11:(X.S.)368. 19:(X.S.)143. 30: (X.S.) 580. 41: (X.S.) 1034. 823 (833) ............. 35:(X.S.)385. 1917D, 942. 977 (983, 986) ......... 35: (X.S.)824. 65 L.R.A. 33.. 177 (186) .12: (X.S.) 1130. 26: (X.S.) 242. 35: (X.S.) 628. 40:(X.S.)893. 51: (X.S.) 361. 1915F, 830. .21: (X.S.) 679. 25: (X.S.) 1285. 1916C, 666. TABLE OF SUPPLEMENTED L.R.A. NOTES. 541 65 L.R.A. cont'd. 250 29:(N.S.)126. 316(318) 1915E.203. 445 17 : (N.S.)371. (467) 13:(N.S.)1122. 16:(N.S.)816. 25:(N.S.)33. 529 47 : (N.S.)279. 620 17:(N.S.)758. 805 1915A, 121. 833 17: (N.S.)758. (855) 66: 154. 953 41: (N.S.)366. 66 L.R.A. 119... 17:(X.S.)758. 304 22 : (N.S.)243. 353 33: (N.S.)143. 657 45 : (X.S.) 1131. 798 1915B,280. 67 L.R.A. 33 34:(N.S.)261. 38: (N.S.) 40. 87 (91) 1915E, 1205. (92) 1915E, 1201. 153 16:(N.S.)870. (157) 24: (N.S.) 1283. 209 , 3: (N.S.)608. 20:(N.S.)264. 1915F, 880. 253 37: (N.S.)1150. 426 43 : (N.S.)419. 529 (542) 45:(N.S.)71. (546) 45:(N.S.)145. 565 37: (N.S.)172. 656 20: (X.S.)996. 49:(N.S.)1159. 705 (708) 38 : (N.S.)787. 783 .49: (N.S.)83. 96 L.R.A. 33 (rape) 1916B, 747. (larceny) 28 : (N.S.) 536. 1916B, 846. (arson) 16:(N.S.)285. 1916D, 1299. (identification of body) 7:(N.S.)181. (embezzlement) 1917A, 1289. 285 45:(N.S.)404. 447 (454) 21:(X.S.)953. 39:(X.S.)1160. 673 (699) 15:(N.S.)49. 799 2:(N.S.)725. 13:(N.S.)610. 29: (N.S.) 813. 69 L.R.A. 193 12 : (N.S.)220. 317 18:(X.S.)431. 353 (375) 23:(N.S.)776. 673 . 23:(X.S.)924. 27:(X.S.)420. 892 (898) 15: (X.S.)727. 70 L.R.A. 33 33:(X.S.)465. 579 '.... 1:(X.S.)49. 32:(X.S.)371. 731.. 18:(X.S.)297. 1 L.R.A.(N.S.) 49 9:(N.S.)988. 32:(X.S.)371. 137 11 : (X.S.) 670. 184 17: (N.S.)684. 40: (X.S.) 875. 205 45: (N.S.)871. 48: (N.S.) 1001. 208 33: (N.S.)807. 215 See L.R.A. Indexes under "Auto- mobiles." 242 18: (X.S.) 1221. 32:(N.S.)1173. 52:(X.S.)241. 307 22: (N.S.)915. 364 6 : (N.S.) 1046. 35:(N.S.)611. 400 19: (N.S.)290. 427. .. 3: (N.S.)1132. 19:(N.S.)772. 32: (N.S.) 713. 42: (N.S.) 1070. 1915F, 690. 439 7 : ( X.S.) 609. 50: (X.S.) 880. 477 8:(N.S.)95. 35:(N.S.)979. 1916A, 660. 540 25: (N.S.)946. 639 1915F, 1143. 660 28: (N.S.)934. 1916C, 255. 752 34: (X.S.)286. 766 1915A, 1118. 862 20: (N.S.) 1164. 42:(X.S.)735. 918 1917C.246. 926 1917C, 249. 928 1917C, 248. 932 19170,256. 936 27: (X.S.)llSl. 1917C, 245. 969 1917A, 102. 977 22: (N.S.)701. 1024 3 : (X.S.) 508. 1110 10: (N.S.)706. 37: (N.S.) 409. 1915A, 715. 1171 3:(N.S.)954. 1178 13:(X.S.)646. 1184 43:(N.S.)961. 1916E, 253. 1188 43 : (X.S.)961. 1916E, 253. 1192 17 : (N.S.)1135. 48: (X.S.) 294. 2 L.R.A.(N.S.) 95 25:(X.S.)180. 52:(X.S.)943. 105 32: (X.S.)1206. 110 24 : (X.S.) 1178. 115 9:(X.S.)1113. 127 10: (X.S.)693. 144 50: (X.S.)236. 168 1917D,740. 197 2:(X.S.)1196. 210 45:(X.S.)52. 261 38: (X.S.) 1202. 269 30: (X.S.)637. 52: (X.S.) 889. 542 TABLE OF SUPPLEMENTED L.R.A. NOTES. 2 L.R.A.(N.S.) cont'd. 288 36: (N.S.)866. 51: (X.S.) 1040. 1915E, 987. 303 5:(N.S.)H03 331 (constitutionality) .20: (X.S.)160. 1915E, 917. (fixtures) 34:(N.S.)218. (337) 25 : (N.S.)758. 45:(N.S.)495. (338) 19:(X.S.)874. 353 15: (N.S.)463.- 1915E.68. 383 24 : (X.S.)143. 392 21: (N.S.)176. 395 1917F,911. 408 (459) 1915F, 680. 512 52: (N.S.)670. 531 52 : (N'.S.)778. 553 22: (X.S.)661. 574. 1915B,498. 588 7 : (N.S.)1131. 30:(X.S.)957. 49:(N.S.)H23. 1917A, 433. 619 1916B, 1053. 628. . .'. 1915B, 492. 631 25: (N.S.)193. 34:(X..)454. 637 14: (X.S.)493. 652 (653) 36:(X.S.)208. 37: (X.S.) 1191. 51:(X.S.)726. 666 25 : (N.S.) 596. 1915B, 1121. 695 5: (X.S.)779. 725 13: (X.S.)610. 29:(X.S.)813. 744 ..1915E.722. (748) 13:(N.S.)619. 29:(X.S.)816. (757) 24:(X.S.)246. 804 (806) 1915D, 733. 809 28: (X.S.)178. 1915B, 740. 813 27 : (X.S.)898. 836. .. 12: (X.S.)760. 13:(N.S.)615. 29:(KS.)808. 1916C, 364. 842 19: (N.S.)725. 859 21: (X.S.)263. 1916E, 1150. 862 22:(X.S.)240. 41:(X.S.)1213. 1917E, 1133. 873 20 : (N.S.) 1019. 887 38: (N.S.)830. 927 (928) 39:(X.S.)1215. 964 35: (X.S.)251. 1013 41: (X.S.)695. 1100 36: (X.S.)230. 1108 41 : (X.S.)958. 1916E, 280. 1115 41 : (X.S.)236. 1173 5: (X.S.)1177. 1191 10: (X.S.)352. 12:(X.S.)831. 21:(X.S.)972. 49:'(X.S.)135. 3 L.R.A.(N.S.) 49 22: (X.S.)1073. 1915D, 831. Ill 42: (X.S.)568. 141 45: (X.S.)946. 149 19: (X.S.)1124. 168 20: (X.S.)1007. 36:(X.S.)115. 1917C, 63. 172 .27:(X.S.)11. 192 30: (X.S.)500. 209 1915B,435. 218 26 : (X.S.)1058. 244 19i5E,ni. 251 9: (X.S.)1148. 19: (X.S.) 006. 1916F.673. 259 33 : (X.S.) 196. 47: (X.S.) 932. 323 7:(X.S.)87. 339 1915E, 455. 345 20: (X.S.)232. 38:(X.S.)488. 42:(X.S.)1179. 51: (X.S.) 992. 382 40: (X.S.)576. 412 47: (X.S.)955. 432 22 : (X.S.)910. 28:(X.S.)773. 46: (N.S.) 357. 473. 21: cX.S.,267. 478 39 : (X.S.)370. 1915D, 130. 500 4: (X.S.)220. 558 4: (X.S.)480. 564 45: (X.S.J908. 576 24: (N.S.)H82. 1915E. 715. v 588 28: (X.S.)611. 608 20: (X.S. )264. 1915F,880. 622 .21: (X.S.)585. 726 (life insurance) 1917B, 671. (inheritance) 39: (X.S.) 1088. 1915C, 328. 741 23:(X.S.)771. 746 22:(X.S.)921. 1916E. '.Hi. 759 23 : (X.S.)643. 42:(X.S.)863. 763 24 : (X.S.)103. 25: (X.S.) 1297. 33: (X.S.) 179. 1917C. 822. 774 21 :( X.S.)533. 887 19150,378. 935 33:(X.S.)949. 982 (1132) 32:(X.S.)713. 38: (X.S.) 72. 42: (X.S.) 1073. litl.lF, 698. 988 34:(X-.S.)1089. 1094. 997 1916F, 914. 1115 1916B, 616. 1126 38: (X.S.)763. 1132 19: (X.S.)772. 32: (X.S.) 713. 42: (X.S.) 1070. 1915F, 690. TABLE OF SUPPLEMENTED L.R.A. XOTES. 543 3 L.R.A.(N.S.) cont'd. 1187 23: (X.S.)673. 1196 25: (X.S.)178. 4 L.R.A.(N.S.) 49 19150,789. 49 (58) 34:(N.S.)351. 1915C, 809. (66-68) 40: (X.S.)486. 80 16 : (N.S.)1129. 119 26: (N.S.)134. 1915E,267. 149 32: (X.S.)740. 1915E, 413. 189. 1915A, 1179. 202 36: (X.S.)722. 40:(X.S.-)254. 282 28:(X.S.)88. 1916F, 1249. 302 50: (X.S.)412. 309 32 : (X.S.)737. :;:59 38:(X.S.)261. 365 51 : (N.S.) 1121. 1917C, 361. 417 41:(X.S.)439. 421 ...38:(X.S.)571. 1915E, 152. 427 33: (X.S.)883. 1915A,521. 485 32: (X.S.)1201. 1915E.668. 521 1916E,821. 558 1915A, 797. 565 30: (X.S.)926. 569 49: (X.S.)491. 589 '. 1916D, 727. 607 1915A.273. 616 36:(X.S.)388. 629 44:(X.S.)68. 636 50: (X.S.)1007. 643 29 : (X.S.) 842. 1915A, 67. 678 24:(X.S.)1045. 688 40: (X.S.)857. 729 21: (X.S.)887. 740 18: (X.S.)613. 782 48:(X.S.)157. 786 27:(X.S.)550. (792) 27: (X.S.) 550. 816 9:(X.S.)317. 848 28: (X.S.)1215. 865 30: (X.S.) 1030. 890 1916D, 719. 909 44: (X.S.) 1003. 013 22: (X.S.)472. 939 42: (X.S.) 1162. 953 1916A, 894. 1020 51: (X.S.)635. 1029 14: (X.S.)776. 1091 (1118) 1916C, 222 1130 See L.R.A. Indexes under ''Auto- mobiles." 1170 38:(X.S.)4 1185 27 : (X.S.) 1062. 5 L.R.A.(N.S.) 136 35: (X.S.)1054. 1915A, 789. 1917A, 379. 148 18: (X.S.) 1233. 5 L.R.A.(N.S.) cont'd. 186 (sale of dangerous instrumentality) 1915C, 460. (question of law) ... 47 : (X.S.) 1204. (260, master and servant) 15: (X.S.) 784. (244, crossing) 47:(X.o.)820. (250) 8:(X.S.)1093. (256) 1915D, 1021. 274 50:(X.S.)47. 327 22: (X.S.)534. 42:(X.S.)465. 415 1915F, 898. 418 1915B, 407. 439 28 : (X.S.)577. 571 22: (X.S.)959. 619 21:(X.S.)279, 280. 657 1915E, 127. 1916B.1021. 663. .'. 50: (X.S.)1091. 674 8:(X.S.)1116. 27:(X.S.)283. 50: (X.S.) 421. 680 46:(X.S.)990. 1917 A, 442. 721 46: (X.S.)142. 751 23: (X.S.)648. 28: (X.S.) 490. 29: (X.S.) 795. 41:(X.S.)223. 779 14: (X.S.)465. 831 30: (X.S.)619. 838 46: (X.S.)104'J. 50:(X.S.)489. 860 23: (X.S.)500. 874 25: (X.S.)1217. 886 16 : (X.S.)918. 1917A, 683. 899 19: (X.S.)561. 27:(X.S.)966. 48:(X.S.)893. 926 1917A, 1056. 1002 21 : (X.S.)914. 39:(X.S.)1187. 1005 39 : (X.S.)649. 1012 38: (X.S.)258. 1915B, 1202. 1025 37 : (X.S.)419. 1028 18 : (X.S.)260. 25: (X.S.) 228. 1064 20: (X.S.)337. 26: (X.S.) 110. 1081 19170,703. 1086 1917E, 576. 1105 * 22 : (X.S.)364. 1917D, 1011. 1154 1916D, 782. 6 L.R.A.(N.S.) 191 30:(X.S.)1153. 52: (X.S.) 186. 202 22: (X.S.) 1024. 212 18 : (X.S.)880. 298 24 : (X.S.)511. 302 22: (X.S.)828. 306 1915D, 334. 311 52:(X.S.)571. 337 16: (X.S.)214. 1917E.4. 544 TABLE OF SUPPLEMENTED L.R.A. NOTES. 6 L.R.A.(N.S.) cont'd. 369 1916C, 1104. 381 26 : (N.S.) 161. 391 38: (N.S.) 452. 397 28: (N.S.)680. 442 41: (N.S.)1176. 463 1917F,637. 469 47 : (N.S.)870. 477 21:(N.S.)525. 1916D, 266. 516 1916B, 1220. 524 25: (N.S.)967. 550. . .'. 43: (N.S.)559. 562 52: (N.S.)126. 581 1917B, 916. 609 1916E,957. 685 45: (X.S.)559. 710 51:(N.S.)50. 750 32: (N.S.)355. 1917F, 774. 882 45: (N.S.)215. 905 20 : (N.S.)753. 34: (N.S.) 118. 1916B, 947. 914 40 : (N.S.) 655. 917 37 : (N.S.) 754. 52:(N.S.)1154. 928 1917A, 1163. 934 1915B, 681. 940 35 : (N.S.)386. 1917D, 942. 942 1915E, 1008. 981 19 : (N.S.) 646. 22:(X.S.)634. 33:(N.S.)646. 42:(N.S.)1229. 49: (N.S.) 472. 1013 43 : (N.S.)1037. 1915C, 747. 1016 1916A, 1302. 1046 35: (N.S.)611. 1048 32: (N.S.)189. 1054 32: (N.S.)189. 1067 1916C, 989. 1082 1916A, 524. 1090 30: (N.S.)1161. 1094 20: (N.S.)654. 1171 21 : (N.S.)1021. 1186 39: (N.S.)805. 7L.R.A.(N.S.) 97 9 : (N.S.)851. 108 36 : (N.S.)1194. 1915A, 382. 114 23 : (N.S.)924. 27: (N.S.) 420. 132 "7:(N.S.)152. 17: (N.S.) 707. 19: (N.S.) 440. 27:(N.S.)37!). 36: (N.S.) 957. 152 17 : (N.S.) 707. 19: (N.S.) 446. 27: (N.S.) 379. 155 1917B, 948. 162 34: (N.S.)299. 1915E. 320. 188 1916A, 540. 191 18: (X.S.)8C2. 195 25 : (N.S.)446. 48: (N.S.) 308. 216 46 : (N.S.) 663. 7 L.R. A. (N.S.) cont'd. 253 1915B,181. 274 23: (N.S.)739. 1916 A, 743. 282 1915C, 960. 335 48: (N.S.)657. 352 1915D, 588. 357 15: (X.S.)701. 28:(N.S.)648. 1916D, 301. 362 42: (N.S.)386. 415 25 : (N.S.)1211. 1915D, 1211. 424 19 : (N.S.)51G. 20:(N.S.)635. 43:(N.S.)1116. 481 10 : (N.S.) 74. 22:(N.S.)4SU. 32: (N.S.) 62. 42: (N.S.) 1144. 52:(N.S.)505. 501 34: (N.S.)1195. 582 40: (N.S.)585. 1916D, 1276. 609 50: (N.S.)880. 612 41 : (N.S.)290. 621 ; 24: (N.S.)188. 646 49: (N.S.) 1219. 694 47 : (N.S.)552. 715 21: (N.S.)157. 729 51 : (N.S.)1153. 899 33: (N.S.)828. 933 13 : (N.S.)1105. 45: (N.S.) 75. 958 48: (X.S.U91. 991 23: (N.S.)433. 1041 1916D, 341. 1053 33 : (N.S.)741. 1076 13: (N.S.)613. 29: (N.S.) 814. 1131 30: (N.S.)957. 49: (N.S.) 1123. 1917 A, 433. 1154 31 : (N.S.)417. 1916A, 762. 1163 1917E, 1035. 8 L.R.A.(N.S.) 49 42: (N.S.)439. 77 29 : (N.S.) 199. 1915D, 243. 95 35: (N.S.)979. 1916A, 660. 108 44: (N.S.)643. 117 33 : (N.S.)139. 131 24: (N.S.)201. 34: (N.S.) 767. 144 22: (N.S.)1153. 149 44: (N.S.)98. 199 34: (N.S.)826. 227 21 : (N.S.)75. 1917A, 1155. 240 16: (N.S.)935. 25: (N.S.) 938. 249 19 : (X.S.)475. 263 51:(N.S.)56. 287 52:(N.S.)908. 299 48: (N.S.)819. 384 14: (N.S.)893. 1915E, 1095. 426 32 : (X.S.)51. 56o 1915D, 551. TABLE OF SUPPLEMENTED L.R.A. NOTES. 545 8 L.R.A.(N.S.) cont'd. 585 17: (N.S.)439. 30:(N.S.)783. 43:(N.S.)911. 51:(N.S.)959. 597 1915A, 761. 698 31: (N.S.)176. 33:(N.S.)996. 762 34:(N.S.)58. 1915B, 834. 783 1915E, 457. 804 16: (N.S.)818. 814 48 : (X.S.)840. 844 44:(X.S.)317. 896 17: (X.S.)382. 909 52 : (X.S.)459. 916 (917) 52: (N.S.)842. 937 31 : (X.S.) 517. 1915C, 648. 944 1917F,266. 983 39 : (N.S.)951. 1014 1916B, 621. 1069 41 : (N.S.)264. 1107 1917A, 216. 1917A, 231. 1116 27 : (X.S.)283. 50:(N.S.)421. 1130 46: (N.S.)1134. 1137 20: (X.S.)298. 42:(N.S.)H60. 1180 33: (N.S.)602. 44:(X.S.)422. 1210 44: (X.S.)427. 1240 34: (X.S.)715. 9 L.R.A.(N.S.) 49 48 : (X.S.)547. 140 37: (X.S.)861. 146 23: (N.S.)636. 1915F, 568. 154 49: (X.S.)922. 174 43 : (N.S.)639. 224 38: (N.S.)941. 277 27 : (N.S.)487. 44:(N.S.)583. 282 1917B, 1128. (advertising) 33: (N.S.)947. 322 46:(X.S.)467. 338 1915E, 501. 407 41 : (N.S.)799. 1915B, 621. 446 1917A,379. 478 20: (X.S.)956. 48:(X.S.)196. 485 52: (X.S.)1075. 406 46:(X.S.)615. 501 1917A,379. 572 39: (X.S.)519. 580 21:(X.S.)868. 593 1917F, 1161. 598 28:(X.S.)200. 51:(X.S.)309. 689 44: (X.S.)544. 608 29: (X.S.)205. 880 30: (X.S.)404. 1917E, 1029. 929 21 : (X.S.)873. 1916E,774. 988 32 : (X.S.)371. 1026 42 : (X.S.) 555. L.R.A. Tri. Index 1915-17. 35. , 9 L.R.A.(N.S.> cont'd. 1033 (1035) 14 : (X.S.)216. 21:(X.S.)93. 26: (X.S.) 382. 33: (X.S.) 79. 37:(X.S.)834. 47: (X.S.) 662. 1916A, 957. 1057 1916A, 1279. 1084 49: (X.S.)973. 1096 24: (X.S.)900. 1104 35: (X.S.)784. 1117 16 : (X.S.)672. 19: (X.S.) 1056. 35: (X.S.) 575. 36:(X.S.)33. 42: (X.S.) 643. 1119 1917E, 654. 1127 21: (X.S.)239. 1148 19: (X.S.)606. 1915F, 673. 1168 28: (X.S.)1068. 1197 48: (X.S.)979. 1214 23: (X.S.)834. 1916E, 236. 10 L.R.A.(N.S.) 49 25: (X.S.) 1308. 1915A, 77. 74 22: (X.S.)486. 32: (X.S.) 62. 42: (X.S.) 1144. 52:(X.S.)505. 114. 1917D, 745. 117 38 : (X.S.)1195. 1917F, 597. 129 26 : (X.S.)99. 159 25 : (X.S.) 60. 167 40: (X.S.)102. 172 1915E, 496. 177 21 : (X.S.) 178. 39: (X.S.) 744. 1917C, 1153. 204 1917E. 886. 216 23 : (X.S.)564. 25: (X.S.) 574. 1916B, 890. 352 12: (X.S.)831. 21: (X.S.) 972. 49:(X.S.)135. 404 22: (X.S.)llOO. 415 41 : (X.S.)559. 432 34: (X.S.)637. 443 27 : (X.S.)735. 463 1915C. 396. 640 . .24: (X.S.)735. 706 37 : (X.S.)409. 1915A, 715. 722. 736 28 : (X.S.)593. 32: (X.S.) 240. 48: (X.S.) 1221. 842 24 : (X.S.)1057. 845 20:(X.S.)958. 857 ' 48: (X.S.) 840. 897 1917E, 397. 925 44 : (X.S.)359. 928 39: (X.S.I 563. 992 21: (X.S.)S36. 44: (X.S.) 161. 1043 47 : (X.S.)1221. 1051 25: (X.S.)1215. 546 TABLE OF SUPPLEMENTED L.R.A. NOTES. 10 L.R.A.(N.S.) cont'd. 1061 34:(N.S.)1221. 1155 1916C, 343. 11 L.R.A. (N.S.) !)2 49 : (N.S.)853. 166 1917F, 172. 182 48:(X.S.)440. 202 1917C, 782. 368 1 : (X.S.)143. 30: (N.S.) 580. 41: (N.S.) 1034. 372 35: (N.S.)1113. 417 30: (N.S.)176. 34: (N.S.) 34. 432 50: (N.S.)432. 1917D, 648. 449 25: (X.S.) 1220. 43: (N.S.) 137. 497 49: (N.S.)305. 504 34 : (N.S.) 804. 48:(N.S.)919. 1916D, 1227. 550 23: (N.S.) 1020. 29: (N.S.) 745. 554 17: (X.S.)477. 557 1915D, 1218. 561 .28 : (N.S.) 566. 30:(N.S.)409. 19156,685. 616 29: (N.S.)905. 653 31: (N.S.)670. 676 .28: (N.S.)436. 713 43 : (N.S.)730. 748 16 : (N.S.)445. 52:(N.S.)377. 789 28: (N.S.)450. 818 46: (N.S.)669. 825 24: (N.S.)840. 930 28: (N.S.)757. 37:(N.S.)1115. 940 22: (N.S.)2. 948 23: (N.S.)824. 1915D, 355. 973 41 : (N.S.)524. 996 46: (N.S.)392. 1018 21 : (X.S.)1005. 1917A, 719. 1028 46-5(X.S.)325. 1060 42: (N.S.) 1041. 1082 17 : (N.S.)SOO. 26: (N.S.) 179. 28:(N.S.)753. 43: (N.S.) 355. 1092 33 : (X.S.^969. 50:(N.S.)195. 1917B, 15. 1119 32: (X.S.)616. 47: (N.S.) 1058. 1157 1916A, 1143. 1170 34 : (N.S.)924. 43: (X.S.) 131. 1186 20 : (N.S.)498. 1916F, 393. 12 L.R.A.(N.S.) 102 20: (N.S.)933. 44:(N.S.)1160. 112 40: (N.S.)935. (drains or sewers) . . 1915A, 129. 131 22 : (N.S.) 190. 12 L.R.A. (N.S.) cont'd. 188 38:(N.S)ni3. 52: (N.S.) 207. 240 26:(N.S.)159. 267 27 : (N.S.)168. 37:(N.S.)976. 49:(N.S.)415. 319 46: (X.S.)537. 355 1917C, 553. 382 20 : (N.S.) 1110. 39:(X.S.)20. 389 27 : (X.S.)425. 1915E, 356. 403 23 : (N.S.) 1003. 44: (N.S.) 080. UUtJF, 890. 449 26:(N.S.)1207. 42:(X.S.)176. 1910D, 82f,. (454) 15: (X.S.)160. 1910D, 827. 461 20: (X.S.)876. 48: (X.S.) 607. 479 43: (N.S.) 1128. 519 20 : (X.S.) 1095. 23: (X.S.) 192. 38: (X.S.) 101. 19150,877. 526 49: (X.S.)166. 537 42 : (X.S.)915. 1915E, 400. 568 1917C, 24.i. 575 (576) 43: (X.S. ) 1109. (616) 191513,851. 643 32: (X.S.)792. 61: (X.S.) 778. 670 25: (X.S.)356. 711 1915D, 1205. 717 20: (X.S. ,!:,4. 721 24: (N.S.)13'. 748 49: (X.S. 760 13 : (X.S.)615. 1910C.376. 768 35: (X.S.)563. 50:(X.S.)510. 19160,211. 831 21 : (X.S.) 'J72. 49: (X.S.) 135. 853 1!> : (X.S.)717. 23:(X.S.)954. 861 23 : (N.S.)960. 1916F, 1227. 881 48: (X.S.)205. 895 26: (X.S.)237. 935 1916D, 610. 946 191f>A. 100. 956 24: (X.S.)514. 42:(X.S.)379. 1019 1915E, 172. 1021 1916E, 828. 1040 47 : (X.S.)84. 1100 28: (N.S.)992. 1915D, S.VJ. 1125 30 : (N.S.) 1084. 51: (N.S.) 1082. 1130 26: (N.S.)242. 35: (N.S) 628. 40: (X.S.) 893. 51: (X.S.) 361. 1915F,830. 1190 22: (N.S.)lllO. 51: (X.S.) 151. TABLE OF SUPPLEMENTED L.R.A. NOTES. 547 12 L.R.A.(N.S.) cont'd. 1201 23: (N.S.)H51. 1207 33: (N.S.)773. 13 L.R.A.(N.S.) 146 39:(N.S.)46. 159 33 : (N.S.)386. 173 21:(N.S.)417. 185 50: (N.S.)239. 222 34: (N.S.)758. 1915E, 161. 226 20 : (N.S.)816. 1915C, 571. 244 19150,467. 258 (personal encounter) 1917C, 199. 283 25: (N.S.)407. 1916C, 1022. 298 1915D, 196. 314 19170,476. 384 49 : (N.S.) 1011. 481 43 : (N.S.)IOSO. 490 1915B, 144. 561 16: (N.S.)963. 43:(N.S.)187. 1915F, 1125. 572 45: (N.S.)382. 1916B, 630. 591 34: (N.S.)874. 42: (N.S.) 793. 601 29: (N.S.)808. 1916C, 364. 620 27 : (N.S.)128. 31: (N.S.) 338. 629.' 30: (N.S.)1164. 668 (670) 30: (N.S.)SOO. 40: (N.S.) 832. 51:(N.S.)337. 687 40: (N.S.)832. 51: (N.S.) 337. 697 29 : (N.S.)709. 47: (N.S.) 173. 716 J 1915B, 875. 725 28: (N.S.)607. 758 30: (N.S.)720. 781 51 : (N.S.)646. 811 45: (N.S.)664. 884 1916F, 444. 889 1915F, 444. 905 34: (N.S.)506. 52: (N.S.) 1038. 916 1915D, 843. 1013 34 : (N.S.)240. 1024 25: (N.S.)376. 52:(N.S.)230. 1066 34: (N.S.)466. 50:(N.S.)1013. 1071 34: (N.S.1469. 1917E, 823. 1105 45:(N.S.)75. 1122 16: (N.S.)816. 25:(N.S.)33. 38:(N.S.)973. 1126 39 : (N.S.)217. 1158 50: (N.S.)858. 1166 20: (N.S.)686. 1915A, 325. 121-1 45: (N.S.)372. 1219 (1244) 32: (N.S.) 1090. (1252) 20: (N.S.)732. 14 L.R.A. (N.S.) 49 37: (N.S.) 993. 14 L.R.A.(N.S.) cont'd. 155 46: (N.S.) 557. 185 1917A, 127. 216 21 : (N.S.)93. 26: (N.S.) 382. 33:(N.S.)79. 37: (N.S.) 834. 47:(N.S.)662. 1916A, 957. 251 48: (N.S.)946. 284 32: (N.S.)715. 42: (N.S.) 1073. 1916F.696. 293 (stopping) 17: (N.S.) 823. 29: (N.S.) 159. 44:(N.S.)478. (speed) 1917F,1187. 312 20: (N.S.)426. 330 33:(N.S.)983. 346 24: (N.S.)369. 400 38 : (N.S.)351. 443 27: (N.S.)439. 448 19170,774. 464 34: (N.S.)283. 476 42: (N.S.)122. 488 1915F, 771. 499 49 : (N.S.)300. 507 28: (N.S.)234. 514 1916D,613. 526 43: (N.S.)901. 548 1916E, 1273. 561 23 : (N.S.) 492. 586 24: (N.S.)1257. 42: (N.S.) 840. 1917A, 1295. 603 32: (X.S.)306. 1915D, 817. 648 39 : (N.S.) 1055. 663 1917B, 252. 674 , 19170, 1014. 689 (714) 1916B, 965. (763) 33:(N.S.)751. 862 46:(N.S.)38. 893 32: (N.S.)867. 910 1915A, 679. 914 29: (N.S.)851. 937 37 : (N.S.)291. 972 45: (N.S.)707. 998 31: (N.S.)667. 1915D, 962. 1003 25: (N.S.)840. 1915A.491. 1025 30: (N.S.)375. 1916E, 248. 1036 24: (N.S.)321. 1062 1915A, 757. 1067 37 : (N.S.)953. 1090 1915B, 298. 1128 19150, 734. 1188 23:(N.S.)938. 19170, 882. 1242 38: (N.S.)204. 1915B, 1119. 1259 32 : (N.S.) 1190. 15 L.R.A.(N.S.) 61 32:(N.S.)1078. 73 1917A.1213. 94 24: (N.S.)408. ' 108 25: (N.S.) 1001. 129 42: (N.S.)151. 548 TABLE OF SUPPLEMENTED L.R.A. NOTES. 15 L.R.A.(N.S.) cont'd. 134 29: (N.S.)240. 52:(X.S.)267. 156 (161) 1917C, 1172. 206 25 : (N.S.) 1241. 214 32: (X.S.)598. 254 23: (X.S.)1224. 272 34: (N.S.) 1050. 277 19 : (X.S.)374. 49: (N.S.) 250. 313 (330) 1915E, 563. 350 27: (N.S.)255. 35: (N.S.) 549. 51:(N.S.)1097. 402 27: (N.S.)124. 425 52: (N.S.)260. 443 20:(N.S.)500. 25: (N.S.) 708. 466 38: (X.S.)752. 479 45: (X.S.)841. 509 1915E, 989. 519 1917A,148. 523 35: (X.S.)592. 535 (541) 33: (N.S.) 1061. 594 1916F, 691. 686 (687) 38:(X.S.)1162. 701 28: (X.S.)648. 1916D, 301. 715 26 : (X.S.)483. 1917D, 690. 747 .23: (N.S.)691. 33:(X.S.)325. 47:(X.S.)673. 775 1916E, 898. 790 1915D,305. 819 1915E, 991. 840 (845) 17:(X.S.)758. 868 31: (X.S.)783. 34: (N.S.) 737. 884 1917F,472. 983 42:(N.S.)107. 1013 39 : (N.S.)671. 1019 51:(N.S.)358. 1025 1915F, 554. 1055 28 : (N.S.)104. 1115 46: (N.S.)484. 1178 (1184) 35:(N.S.)755. (1215) 27 : (N.S.)340. 1267 29: (X.S.)250. 1272 41: (X.S.)181. 16 L.R.A.(N.S.) 49 33 : (N.S.)844. 85 18 : (N.S.) 707. 32: (N.S.) 748. 1917E, 391. 98 34 :( N.S.) 940. 1915E, 186. 121 52: (X.S.)877. 128 27: (X.S.)181. 146 21: (X.S.)601. 177 1916E,1082. 214 1917E.4. 227 30 : (X.S.)552. 52: (X.S.) 754. 236 43 : (N.S.)575. 285 1916D, 1299. 353 33: (X.S.)960. 48: (X.S.) 198. 445 52 : (X.S.)377. 470 47 : (X.S.) 1190. 489 19170,324. 16 L.R.A.(N.S.) confd. 494 42: (X.S.)577. 527 1916A, 930. 585 42: (X.S.)872. 631 27:(X.S.)537. 49:(X.S.)67. 660 52: (X.S.)153. 672 19: (N.S.) 1056. 35: (X.S.) 575. 36:(X.S.)33. 42:(X.S.)643. 691 1915A, 616. 742 43: (X.S.)332. 746 28: (X.S.)615. 1915F, 1076. 777 1915B,358. 786 20 : (N.S.)321. 33:(X.S.)419. 794 24 : (X.S.)475. 807 1916A,. 431 1917E, 520. 439 30: (X.S.)7S3. 43: (X.S.) 911. 51:(X.S.)959. 514 38:(X.S.)1111. 594 1917E. 1049. 002 24 :( X.S.) 1121. 609 1915D, 719. 650 23: (X.S.)331. 25:(X.S.)465. 37:(X.S.)193. 1915A, 369. TABLE OF SUPPLEMENTED L.R.A. 1SOTES. 549 17 L.R.A.(N.S.) cont'd. 607 51: (N.S.)279. ' 684 40: (X.S.)875. 688 1916D,307. 702 24: (N.S.)375. 707 19 : (X.S.)446. 27:(N.S.)379. 733 51:(X.S.)817. 773 40: (X.S.)913. 788 38: (N.S.)175. 800 26:(X.S.)179; 28:(N.S.)753. 43:(N.S.)355. 808 26: (N.S.)248. 821 (823) 29:(X.S.)159. 44:(X.S.)478. 841 29: (X.S.)886. 898 49: (X.S.)955. 910 1915E,943. 925 27: (X.S.)690. 935 40: (X.S.)639. 1019 32: (N.S.)1075. 1025 49 : (N.S.)958. 1054 40: (X.S.)48. 1100 38:(X.S.)770. 1135 48: (N.S.)294. 1140 1915B, 645. 1144 43: (N.S.)725. 1916F, 171. 1157 (moving pictures) . .30: (N.S.)465. 1167 30: (N.S.)1207. 48:(N.S.)531. 1226 41 : (N.S.) 745. 1236 38 : (X.S.)286. 18 L.R.A.(N.S.) 77 1915B, 1140. 109 27: (N.S.)319. 156 32 : (N.S.)554. 197 25: (N.S.)1226. 31:(N.S.)455. 1915C, 758. 214 1917B, 257. 226 52: (N.S.)211. 231 25:(N.S.)930. 47: (N.S.) 830. 244 52:(N.S.)91. 250 52:(N.S.)97. 253 1916C, 1017. 260 25:(X.S.)228. 288 1917C, 306. 295 29:(N.S.)834. 300 34:(X.S.)360. 328 38: (N.S.)754. 409 34:(X.S.)141. 451 32: (X.S.)303. 44:(X.S.)57. 1916F,.864. 458 46: (X.S.)790. 478 22: (X.S.)969. 47:(X.S.)113. 580 1915D, 438. 585 42: (X.S.)1131. 600 43:(X.S.)977. 647 1917B, 1032. 660 45: (X.S.)1068. 695 1915B,435. 707 32: (X.S.)748. 1917E, 391. 713 32:(X.S.)049. 768 50:(X.S.)1077. 902 44:(X.S.)372. 956 1917D, 1059. 18 L.R.A. (N.S.) cont'd. 1167 34: (X.S.)495. 1205. . . .' 39: (X.S.)1156. 1221 32:(X.S.)1173. 52:(X.S.)241. 1252 1917A,37. 1259 .29: (X.S.)770. 19 L.R.A.(N.S.) 88 33:(X.S.)676. 143 30:(X.S.)580. 161 39 : (X.S.)481. 167 1916F, 427. 269 37: (X.S.)259-. 297 28 : (X.S.)265. 340 28: (X.S.)1267. 374 49:(X.S.)250. 377 44: (X.S.)1209. 391 46: (X.S.)1157. 446 27:(X.S.)379. 475 49: (X.S.)277. 483 31 : (X.S.)1166. 507 49: (X.S.)844. (510, 519) 46: (X.S.)330. (516) 20:(X.S.)635. (517) 20:(X.S.)646. 51:(X.S.)1077. 526 42: (X.S.)242. 561 27 : (X.S.)966. 48:(X.S.)893. 599 1917E, 1040. 607 1915F, 673. 618 1915E, 800. 623 1917E,415. 646 22: (X.S.)634. 33:(X.S.)646. 42:(X.S.)1229. 49:(X.S.)472. 662 39: (X.S.)1104. 693 31 : (X.S.)319. 700 25: (X.S.)727. 717 23: (X.S.)954. 733 49 : (X.S.)889. 759 21 : (X.S.)344. 772 32: (X.S.)713. 42:(X.S.)1070. 1915F, 690. 835 28 : (X.S.)673. 1915C, 359. 874 51: (X.S.)398. 883 46: (X.S.)1021. 887 25: (X.S.)384. 1917F, 270. 910 ,....19170,9. 923 48: (X.S.)213. 1916B, 879. 938 31: (X.S.)743. 952 1915C, 1221. 964 23 : (X.S.)497. 34:(X.S.)773. 1917C, 935. 1006 34: (X.S.)818. 1916A, 1273. 1034 37: (X.S.)912. 1039 1917D, 382. 1056 36:(X.S.)33. 42:(X.S.)643. 1094 (1139, road vehicles) 50: (X.S.)1147. (walls, fences, etc.) .1915D, 160. (1143) 47:(X.S.)1101. (wreck) 1917F, 1031. (fire) 1917F, 1036. 550 TABLE OF SUPPLEMENTED L.R.A. NOTES. 19 L.R.A.(N.S.) cont'd. 1178 45:(N.S.)98. 20 L.R.A.(N.S.) 110 1915B, 173. 133 33 : (N.S.)109. 146 19160,564. 155 43: (N.S.)792. 160 1915E, 917. 185 30: (N.S.)291. 42: (N.S.) 332. 208 39:(N.S.)1107. 19160, 676. 232 38: (N.S.)488. 42:(X.S.)1179. 51:(N.S.)992. 239 34: (N.S.)573. 42:(N.S.)720. 261 41 : (N.S.)315. 264 1915F, 880. 298 42 : (N.S.) 1160. 321 33: (N.S.)419. 337 26 : (N.S.)llO. 350 1916E, 1179. 361 1915E,131. 421 30:(N.S.)73. 473 41 : (N.S.)49. 484 37 : (N.S.)539. 1915D, 1118. 498 1916F.393. 500 25 : (N.S.) 708. 42: (N.S.) 624. 1915F, 1082. 513 (grade) 51 : (N.S.)214. (553) 1915E.597. (593) 40: (N.S.)94,182. (598-600,627-629) .1916F, 708. (607, 649) 39: (N.S.)405. (635) 43 : (N.S.)H16. (632, 640, 641) 29 : (N.S.) 180. 43: (N.S.) H58. 1916A, 486. (646) 51: (N.S.)1077. (656) 39: (N.S.) 1167. (676) 1917D,756. (686) 1915A, 325. (738) 35: (N.S.)840. (753) 34: (N.S.)118. 1916B. 947. 769 40 : (N.S.)1191. 785 30: (N.S.)623. 809 31 : (N.S.)951. 816 19150,571. 848 35 : (N.S.)491. 40: (N.S.) 464. 872 19170, 324. 876 48:(N.S.)667. 886 25: (N.S.)645. 894 25:(N.S.)645. 933 44: (N.S.) 1160. 938 35: (N.S.)840. 980 1916F, 1218. 996 49: (N.S.)1159. 1007 36: (N.S.)115. 1917C, 63. 1050 47:(X.S.)137. 1065 33 : (X.S.)491. 1095 23: (X.S.)192. 38:(X.S.)101. 19150, 877. 1110 39 : (X.S.)20. 1133 1917A,74. 20 L.R.A. (N.S.) cont'd. 1146 26 : (N.S.)895. 46: (N.S.) 759. 1917B, 974. 1164 42 : (N.S.)735. 21 L.R.A.(N.S.) 1 43:(N.S.)813. 23 32:(N.S.)1186. 41:(X.S.)407. 52 19166,802. 75 1917A, 1155. 81 35: (N.S.)658. 93 26: (N.S.)382. 33: (N.S.) 79. 37: (N.S.) 834. 47:(N.S.)-2. 1916A, 957. 115 28 : (X.S.)554. 39:(X.S.)402. 19150, 450. 164 1917E, 1097. 178 39:(N.S.)744. 19170, 1153. 228 39: (N.S.)1007. 263 1916E, 1150. 265 1916D, 458. 277 32: (X.S.)940. 1917F, 861. 283 48: (N.S.)823. 349 35: (X.S.) 1079. 40: (N.S.) 1207. 354 22: (N.S.) 741.. 19150, 181. 456 1915F, 572. 525 191: (X.S. )344. 1005 1917A, 719. 1008 24: (N.S.)273. 22 L.R.A. (N.S.) 181 35: (N.S.)636. 194 43 : (N.S.) 1142. 240 41 : (N.S.) 1213. 1917E, 1133. 276 38 : (N.S.)272. 1915D,911. 313 27 : (X.S.)253. 364 1917D, 1011. 383 49 : (X.S.) 57. 486 32 : (X.S.)62. 42: (X.S.) 1144. 52: (X.S.) 505. TABLE OF SUPPLEMENTED L.R.A. NOTES. 551 22 L.R. A. (N.S.) cont'd. 492 39: (X.S.)151. 1916D, 154. 509 1915A, 860. 534 42: (N.S.)465. 545 28: (N.S.)144. 568 . 1915B, 396. 677 51 : (N.S.) 1168. 634 33: (N.S.)646. 42: (N.S.) 1229. 49: (N.S.) 472. 691 39: (N.S.)307. 741 1915C, 181. 779 27 : (N.S.)1164. 40: (N.S.) 135. (784, obvious) 50: (N.S.) 1218. 789 1917A, 517. 828 41 : (N.S.) 500. 841 28 : (N.S.)655. 1915F, 608. 862 49: (N.S.)387. 872 -.-.49: (N.S.)387. 880 42: (N.S.)741. 910 28: (N.S.)773. 46:(N.S.)357. 921 1916E,96. 969 47 : (N.S.)113. 996 1917A, 294. 1073 1915D, 830. 1077 40: (N.S.)242. 1110 51: (N.S.)151. 1136 41 : (N.S.)132. 1917A, 259. 1178 32: (N.S.) 1043. 1183 32: (N.S.)848. 1202 1916C, 740. 1224 1915B, 1180. 23 L.R.A. (N.S.) 123 1916F.694. 137 30: (N.S.)211. 50: (N.S.) 252. 144 1916A,925. 147 27 : (N.S.) 528. 164 27: (N.S.)195. 171 39 : (N.S.)574. 192 38 : (N.S.) 101. 1915C, 877. 217 31 : (N.S.)657. 38:(N.S.)357. 289 30: (N.S.)481. 39: (N.S.) 122. 43: (N.S.) 1164. 1915C, 1184. 310 37 : (N.S.)977. 331 25: (X.S.)465. 37: (N.S.) 193. 1915A, 369. 352 29 : (N.S.)635. 34: (N.S.) 126. 1917B, 108. 3o9 42 : (N.S.) 700. 367 34: (N.S.)323. 410 1915A, 320. 414 1916B, 860. 403 1915E, 936. 477 1917A. 446. 497 34: (X.S.)773. 1917C, 935. 515 30 : (X.S.) 1173. 548 25 : (X.S.)24. 553 1916D, 1041. 23 L.R.A. (N.S.) cont'd. 561 25: (X.S.)734. 35:(N.S.)699. 41: (N.S.) 307. 52:(N.S.)801. 1915D, 628. 1916E, 1225. 564 25: (N.S.)574. 1916B, 890. 601 1917D, 577. 626 27: (N.S.)287. 633 47 : (N.S.) 1149. 636 42: (N.S.)862. (exhibition) 1915F, 568. (639) 42:(N.S.)862. (641) 42:(N.S.)862. (643) 42:(N.S.)863. 648 28: (N.S.)490. 29: (N.S.) 795. 41:(N.S.)223. 679 28: (N.S.) 723. 691 33: (X.S.)325. 47:(N.S.)673. 726 25: (N.S.)382. 42: (X.S.) 870. 739 1916A, 743. 745 1915A, 502. 751 1917D, 813. 815 52: (X.S.)728. 824 1915D, 355. 834 1916E, 236. 849 1915C, 576. 891 34 : (N.S.)225. 924 27: (X.S.)420. 938 1917C, 882. 946 49: (N.S.)677. 960 1916F, 1227. 968 52 : (N.S.) 275. 1003 44: (N.S.)680. 1916F, 890. 1010 28: (X.S.)554. 1014 .30: (N.S.)453. 1020 29 : (N.S.)745. 1075 .41 : (X.S.)375. 1092 33 : (N.S.) 1023. 1107 39 : (X.S.)1085. 1208 48: (N.S.)373. 1218 1917C.9. 1228 41: (N.S.) 1119. 24 L.R.A.(N.S.) 103 25 : (N.S.) 1297. 33:(N.S.)179. 1917C, 822. 153 38 : (N.S.)459. 165 49: (N.S.)827. 173 1915D, 172. 1917D, 938. 201 34 : (X.S.) 767. 246 1917D.892. 250 1917D, 892. 268 28: (N.S.)334. 1917D, 1020. 276 52: (X.S.)583. 279 40: (N.S.)1142. 432 48: (N.S.)204. 458 51 : (X.S.)45. 485 1915A.247. 490 51 : (X.S.) 1069. 507 50: (X.S.) 1171. 514 42 : 'X.S.)379. 552 TABLE OF SUPPLEMENTED L.R.A. NOTES. 24 L.R.A.(N.S.) cont'd. 557 25:(X.S.)40. 38:(N.S.)487. 42:(N.S.)H78. 51:(N.S.)990. 564 47: (X.S.) 1106. 577 48: (X.S.)615. 692 (717) 30: (N.S.)666. 788 1915F, 992. 913 19160,626. 933 40: (N.S.)473. 991 34: (X.S.)1137. 1915C, 839. 1024 1916E, 703. 1155 1917D, 828. 1159 1915D, 830. 1182 1915E, 714. 1257 42 : (N.S.)840. 1917A, 1295. 1260 34: (N.S.)1060. 25 L.R.A.(N.S.) 1 51:(N.S.)261. 33 38: (X.S.)973. 40 38: (N.S.)487. 42:(N.S.)1178. 51:(N.S.)990. 50 30 : ( X.S. ) 694. 44:(X.S.)156. 1916F, 286. 132 1916B. 651. 180 52: (X.S.)943. 193 34 : (X.S.)453. 1916C, 263. 239 52 : (X.S.)465. 247 40: (X.S.)898. 257 1917B, 786. 343 1916F, 570. 376 52: (X.S.)230. 382 42: (N.S.)870. 384 1917F, 270. 408 1916C, 1022. 446 48: (X.S.)308. 465 37 : (X.S.) 193. 1915A, 369. 529 51 : (N.S.)629. 542 42 : (X.S.)889. 574 1916B.890. 596 1915B, 1121. .631 1917A, 707. 708 42: (N.S.)624. 1915F, 1082. 711 1915F. 1029. 734 35 : (X.S.)699. 41:(X.S.)307. 52:(X.S.)801. 1915D, 628. 1916E.1225. 758 45: (X.S.)495. 805 33: (X.S.)262. 831 52: (X.S.)736. 840 1915A, 491. 842 42: (N.S.)782. 860 1915B, 353. 930 47 : (N.S.)830. 943 52: (X.S.)722. 980 50: (N.S.)465. 1027 42 : (X.S.)209. 1040 .33: (X.S.)336. 1211 1915D, 1211. 1220 43: (N.S.)137. 25 L.R.A.(N.S.) cont'd. 1226 31: (N.S.)455. 1915C, 758. 1234 1915B, 780. 1285 1916A, 666. 1297 33 : (X.S.) 179. 1917C, 822. 1308 1915A, 77. 26 L.RJMN.S.) 134 1915E.267. 171 1915E, 788. 179 28 : (N.S.) 753. 43:(N.S.)355. 189 1916E, 582. 226 1916D, 1078. 242 35: (N.S.)628. 40: (X.S.) 893. 51: (X.S.) 361. 1915F, 830. 294 1915B, 756. 315 1915C, 345. 382 33: (N.S.)79. 37:(N.S.)834. 47:(X.S.)662. 1916A, 957. 394 1915D, 172. 1917D, 938. 409 51 : (X.S.)71. 1916F, 113. 437 36: (X.S.)72. 451 30: (N.S.)990. 41: (X.S.) 123. 46: (X.S.) 148. 466 1915A, 138. 483 1917D, 690. 502 1915E.264. 575 34: (X.S.)762. 603 1916C, 902, 923, 929. 747 1917B.214. 757 1917A,450. 764 1916A, 1054. 774 1916A, 1055. 816 28: (N.S.)825. 1917E, 1083. 895 46:(N.S.)759. 1917B, 974. 928 (940) 34: (X.S.) 994. 44:(N.S.)268. 973 (railroads) 1915A, 129. 993 -. 34: (X.S.)105. 1916A, 1218. 1004 1915E, 955. 1013 30: (X.S. 1520. 1018 1917C, 142. 1126 1916D, 1063. 1145 1917F.393. 1167 1915D, 983. 1207 42: (X.S.)176. 1916D, 826. 27 L.R.A.(N.S.) 1 1915A,444. (92) 44:(X.S.)164. 128 31 : (X.S.)338. 157 49: (X.S.)600. 164 50: (X.S.)929. 168 37:(N*.S.)976. 49:(X.S.)415. 176 1915E, 1163. TABLE OF SUPPLEMENTED L.R.A. NOTES. 553 27 L.R.A.(N.S.) cent'd. 233 43: (N.S.)383. 255 35: (N.S.)549. 51:(N.S.)1097. 273 1916F, 389. 283 50: (N.S.)421. 333 51 : (N.S.)328. 357 51 : (N.S.) 1009. 395 51 : (N.S.)522. 1917A, 1285. 425 1915E, 356. 446 1916F, 755. 478 45 : (N.S.)473. 487 44 : (N.S.) 583. 508 37 : (N.S.) 1196. 522 1915B, 247. 537 49:(N.S.)67. 573 1915A.768. 639 49 : (N.S.)927. 674 1915D, 1086. 677 1916D, 196. 684 1915A.91. 712 1916F, 1259. 764 37 : (N.S.)724. 811 46: (N.S.)1059. 843 1916A,734. 864 1915B, 569. 910 39: (N.S.)437. 966 48: (N.S.)893. 972 48: (N.S.)834. 1009 < 1916A, 1006. 1032 52: (N.S.)919. 1097 34: (N.S.)613. 1117 39: (N.S.)72. 41:(X.S.)473. 46: (N.S.) 921. 1125 39: (N.S.)43. 1151 1917C, 245. 1164 40: (N.S.)135. 28 L.R.A.(N.S.) 1 (51-56, 79) 1916C, 1109, 1122. 88 1916F.1249. 113 1916B, 812. 152 1917F, 551. 178 1915B, 740. 194 46:(N.S.)9. 200 51: (N.S.)309. 202 39:(X.S.)1140. 227 1916A, 1213. 262 43: (N.S.)734. 293 44: (N.S.)257. 50: (N.S.) 819. 327 1915A, 200. 334 1917D, 1020. 426 1917A,679. 463 36: (N.S.)1152. 490 29: (N.S.)795. 41: (N.S.) 223. 405 1916F, 235. 522 43 : (N.S.)1150. 536 1916B,846. 554 39: (N.S.)402. 1915C, 450. 566 30: (N.S.)409. 1915B, 685. 572 52: (X.S.)1158. 593 32 : (N.S.)240. 48:(N.S.)1221. 615 1915F, 1076. 648 1916D,301. 28 L.R.A.(N.S.) cont'd. 665 1915F.608. 673 1915C, 359. 675 1917B, 671. 680 43 : (N.S.)410. 753 43 : (N.S.)355. 757 .37 : (N.S.) 1115. 773 46 : (N.S.)357. 785 (825) 1917E, 1055. 934 1916C, 255. 959 38 : (N.S.) 134. 992 1915D, 852. 1013 1915E, 682. 1045 41: (N.S.)175. 1053 1915D, 142. 1108 43 : (N.S.)746. 1124 1917D, 372. 1255 49: (N.S.)517. 29 L.R.A.(N.S.) 49 52: (N.S.)1032. 60 38: (N.S.)137. 63 46 : (N.S.)552. 1917D, 632. 100 1915A.77. 120 34 : (N.S.)621. 159 44: (N.S.)478. 174 1916E, 1232. 180 43 : (N.S.)1158. 1916A, 486. 190 1917B, 782. 194 1916F, 506. 199 1915D, 243. 240 52: (N.S.)266. 260 (milk) 1917C, 247. 299 1916E, 1094. 325 1915B,166. 334 1917C,447. 351 44 : (N.S.)395. 428 1916C, 675. 472 39: (N.S.)324. 558 49: (N.S.)764. 577 .'..'. 41 : (N.S.)462. 635 34 : (N.S.) 126. . 19178,108. 652 1915E, 581. 663 1915D.547.' 671 1916D, 981. 709 47 : (N.S.)173. 787 1917B, 683. 795 41: (N.S.)223. 802 42: (N.S.)984. 808 1916C, 364. 823 38: (N.S.)1127. 842 1915A, 67. 887 19158,884. 900 47: (N.S.)693. 924 46: (N.S.)702. 1179 42 : (N.S.)320. 1195 1915C, 1189. 1214 1915D, 1077. 30 L.R.A.(N.S.) 1 46: (N.S.) 1096. 60 1916B, 792. 122 1915B, 1149. 167 47 : (N.S.) 1002. 211 50: (N.S.)252. 278 42: (N.S.)847. 291 42: (N.S.)332. 319 43:(N.S.)97. 339 1916A, 468. 554 TABLE OF SUPPLEMENTED L.R.A. NOTES. 30 L.R.A.(N.S.) cont'd. 375 1916E, 248. 404 1917E, 1029. 409 1915B, 685. 458 33 : (N.S.)403. 462 1916D, 834. 481 39 : (X.S.) 122. 43:(N.S.)1164. 1915C, 1184. 552 52: (N.S.)754. 580 41 : (N.S.)1034. 637 52: (N.S.)889. 694 44 : (X.S.) 156. 1916F, 286. 783 43 : (N.S.) 911. 51: (X.S.) 958. 800 40: (X.S.)832. 51:(X.S.)337. 829 45: (N.S.)108. 833 48: (N.S.)619. 946 51: (N.S.)825. 957 49 : (X.S.) 1123. 1917A, 433. 990 41: (X.S.)123. 46:(X.S.)148. 1001 1917C, 97. 1084 51: (N.S.) 1082. 1105 44: (N.S.)609. 1153 52: (X.S.) 186. 1192 1915C, 155. 1207 48 : (N.S.)531. 31 L.R.A.(N.S.) 116 (117) 51: (N.S.) 1143. 132 50: (N.S.)1040. 176 33: (X.S.)996. 180 1915A, 828. 278 1915D, 116. 301 40 : (X.S.)263. 329 43 : (N.S.)63. 417 1916A, 762. 423 1917C, 626. 455 1916C, 758. 491 1915D, 300. 517 1915C, 648. 543 '. 47 : (N.S.)710. 588 50: (X.S.) 1182. 619 1916B, 1039. 657 38: (X.S.)357. 667 1915D, 962. 783 34 : (N.S.) 737. 881 39 : (N.S.)580. 1916C, 1269.. 900 1915D, 792. 916 39 : (N.S.) 770. 945 ^ 34: (X.S.)565. 960 1915F, 866. 991 1915E, 311. 1118 1915B, 486. 1137 50 : (X.S.)566. 32 L.R.A.(N.S.) 62 42: (N.S.) 1144. 52: (X.S.) 505. 72 48 : (N.S.)420. 229 43 : (X.S.)145. 240 48: (X.S.)1221. 303 44 : (N.S.)57. 1916F, 864. 306 1915D, 817. 313 1916C, 608. 355 1917F, 774. 32 L.R.A. (N.S.) cont'd. 515 51: (N.S.)346. 526 52:(X.S.)791. 559 (566) 41: (X.S.)274. 588 1916.E, 905. 604 1917F, 1064. 616 47 : (X.S.)1058. 622 1915B, 389. 713 .. % 42 : (X.S.) 1070. 740 1915E.413. 748 1917E, 391. 785 1D17F, 765. 792 51 : (X.S.) 778. 809 1915E, 1023. 841 1915A, 504. 845 1915B, 189. 881 48: (N.S.)974. 940 1917F, 861. 968 1915E, 766. 1034 1915F, 1009. 1046 38: (NJS.)982. 1173 52: (X.S.)241. 1181 1917F, 1085. 1186 41 : (X.S.)407. 1201 1915E, 668. 33 L.R.A.(N.S.) 79 37 : (X.S. ) 834. 47:(N.S.)662. 1916A, 957. 81 37 : (X.S.) 834. 47: (X.S.) 662. 1916A,957. 112 :i!> :i X.--. -Jl-J. 1915C, 1169. 179 1917C, 82:!. 196 47 : (X.S.)932. 207 51: (X.S.)369. 230 45: (X.S.)228. 1916C, 676. 236 (238, 243) 44: (X.S.) 420. 291 .1915D, 621. 325 47: (X.S.)673. 401 , 1917C, 252. 426 1915D, 1184. 513 (insurance) 47: (X.S.)294, 295 523 1915C, 435. 592 50: (X.S.)991. (602) 44: (X.S.)422. 632 1916A, 474. 639 1916B,944. 646 42 : (X.S.) 1229. 49: (X.S.) 472. 706 38:(X.S.)867. 738 49: (X.S.)132. 759 43 : (X.S.) 994. 804 1916F, 407. 883 1915A, 521. 960 48: (X.S.)198. 969 50 : (X.S.) 195. 1917B, 15. 1042 1915D, 524. 34 L.R.A.(N.S.) 58 1915B, 834. 105 1916A, 1218. 109 52 : (X.S.)385. 118 1916B, 947. 126 1917B, 108. 211 1917A, 1016. 261 38 : (X.S.)40. TABLE OF SUPPLEMENTED L.R.A. NOTES. 555 34 L.R.A.(N.S.) cont'd. 277 1915A.580. 299 1915E, 320. 309 1917D, 657. 351 1915C, 809. 445 52: (N.S.)1203. 454 1916C, 263. 466 50: (N.S.)1013. 469 1917E, 823. 506 52 : (X.S.) 1038. 573 42: (N.S.)720. 50 (milk) 1917C, 244. 758 1915E, 161. 773 19170,935. 798 48 : (N.S.)917. 1916D, 1224. 818 1916A, 1273. 874 42: (N.S.)793. 924 43 : (N.S.) 131. 940 1915E, 186. 977 19150,649. 984 19150,649. 9!)4 44: (N.S.)268. 998 1917A, 1220. 1036 44: (X.S.) 299. 1080 1917F, 362. 1106 1915E, 421. 1137 19150, 839. 35 L.R.A.(N.S.) 1 (64) 1915A.899. 167 !52: (X.S.)991. 175 1916F,782. 190 48: (X.S.)903. 251 1916D, 143. 292 19170, 1143. 385 1917D, 942. 390 1915B, 472. 485 .49: (N.S.)147. 491 40: (N.S.)464. 549 51 : (N.S.)1097. 563 50: (N.S.)510. 1916D, 211. 574 (575) 36:(N.S.)33. 42: (N.S.) 643. 628 40: (X.S.)893. 51:(N.S.)361. 1915F, 830. 699 41 : (X.S.)307. 52: (N.S.) 801. 1915D, 628. 1916E, 1225. 787 . 1917F, 760. 795 1917D.574. 802 41 : (N.S.) 111. 51: (N.S.) 632. 1917 A, 1260. 870 1917E, 730. 879 1917D, 1027. 979 : 1916A, 660. 1046 1917A,62. 1054 1915A, 789. 1066 38: (N.S.)420. 1079 40: (X.S.) 1207. 1084 (1085) 19160, 570. 1159 1917D, 976. 1210 49: (N.S.) 1108. 36 L.R.A. (N.S.) 33 42:(N.S.)643. 50 1915D, 884. 36 L.R.A. (N.S.) cont'd. 98 (99, 102) 1915C, 729. 115 19170,63. 124 45: (X.S.)465. 185 52 : (N.S.) 760. 208 37: (N.S.) 1191. 51: (N.S.) 726. 240 51: (N.S.)319. 244 1917B, 190. 308 : 47 : (N.S.)981. 313 51: (N.S.)428. 341 51 : (N.S.)234. 354 1915D, 204. 530 1915D, 215. 547 19170, 128. 673 (722) 40: (N.S.)254. 866 51: (N.S.) 1040. 1915E.986. 997 1915B, 134. 1045 52: (N.S.)402. 1158 1916F, 1291. 1194 1915A, 382. 1211 51: (N.S.)873. 37 L.R.A.(N.S.) 12 1917A.328. 79 19160,1011. 193 1915A, 369. 206 (207) 1916E, 1163. 267 1916B, 1183. 400 1917D, 821. 409 1915A, 715, 722. 440 52:(N.S.)949. 1915D.322. 518 1916E, 767. 539 1915D, 1118. 560 1915E, 287. 618 19150, 456. 724 49: (N.S.)810. 754 52: (X.S.)1154. 834 47 : (X.S.)662. 1916A.957. 877 1917D, 316. 976 49 : (N.S.)415. 1058 1917E, 437. 1191 51 : (N.S.)726. 1217 1916E, 742. 38 L.R.A.(N.S.) 62 47: (N.S.) 1214. 72 42: (N.S.)1073. 1915F.698. 101 19150,877. 120 1915A, 541. 146 1917F.603. 161 1915B, 87. 204 1915B, 1119. 258 1915B, 1202. 272 1915D, 911. 487 42: (N.S.) 1178. 51: (N.S.) 990. 497 s 1916E, 445. 508 1915A, 1137. 559 19150,870. (crim. con.) 46 : (N.S.) 1084. 571 1915E, 152. 588 19160, 618. 847 1917E, 372. 891 51 : (X.S.)251. 913 52: (X.S.)207. 556 TABLE OF SUPPLEMENTED L.R.A. XOTES. 38 L.R.A.(N.S.) cont'd. 1139 44: (X.S.)420. 1195 1917F, 597. 39 L.R.A.(N.S.) 72 41: (X.S.)473. 46:(X.S.)921. 122 43: (X.S.)1164. 1915C, 1184. 151 1916D, 154. 242 1915C, 1169. 350 1915B, 1058. 370 1915D, 130. 374 1916B, 974. 385 1917B, 743. 402 19150, 450. 411 43: (X.S.) 954. 580 1916C, 1269. 744 1917C, 1153. 747 1915C, 823. 901 19150,874. 933 48 : (X.S.)424. 988 1915B, 154. 1015 1917D, 586. 1032 .1915A, 606. 1088 19150, 328. 1107 19160, C76. 1182 1915E, 618. 40 L.R.A.(N.S.) 133 19150,605. 177 1915E. 564. 360 . . . ; 1917D, 732. 457 44: (N.S.)113. 51:(N.S.)1164. 480 1915B, 481. 488 .1917B, 693. 498 (after notice of in- tention to quit) 1915A, 235. 585 1916D, 1276. 798 45: (X.S.)120. 832 51: (X.S.)337. 893 51 : (N.S.) 361. 1915F, 830. 935 (drains or sewers) . . 1915A, 129. 1095 1915F, 955. 1165 1916F, 86. 41 L.R.A.(N.S.) Ill 51: (X.S.)632. 1917A, 1260. 123 46 : (N.S.) 148. 132 1917A, 259. 307 52: (X.S.)801. 191 5D, 628. 1916E, 1225. 473 46: (X.S.)921. 683 1916B, 827. 775 50: (X.S.)59. 1916F, 223. 1917F, 365. 799 1915B, 621. 958 191 6E, 280. 1009 19150. 661. 1213 1917E, 1133. 42 L.R.A.(N.S.) fiO 1915B, 505. 102 1917B, 926. 106 1917B, 926. 176 1916D,826. 42 L.R.A.(N.S.) cont'd. 267 1915F, 973. 1917D, 756. 286 1917D, 678. 546 1915A, 654. 624 1915F, 1082. 840 1917B, 1295. 862 (864) 1915F, 568. 876 48: (X.S.)827. 915 1915E, 460. 1070 1915F, 690. 1101 1915A, 694. 1916E, 1173. 1123 44: (X.S.) 1030. 19150, 981. 1144 52: (X.S.)505. 1155 1915E, 794. 1178 51 : (X.S.)990. 1229 49: (X.S.)472. 43 L.R.A.(N.S.) 109 1916A, 717. 162 1915F.951. 187 1915F, 1125. 262 19170, 236. 447 1916E, 448. 725 1916F, 171. 806 1915E, 281. 862 1915E,316. 911 51 : (X.S.)959. 916 1917D, 627. 961 1916E,253. 1037 19150,747. 1066 (1072) 19170, 254. 1080 1915F, S!i4. 1158 191-.5A, 486. 1164 19150, 1184. 44 L.R.A.(N.S.) 57 1916F. 864. 70 (liability insurance) 51:(X.S.)584. 1915E, 580. 191 7 F, 61 5. (theft) 51 : (X.S.) 584. 1915E, 579. 1917F, 543. (accident) 51 : (X.S.) 583. 1915E, 575. (fire) 51:(X.S.)584. 1915E, 576. 113 51: (X.S.H164. 156 1916F, 286. 257 50: (X.S.)819. 680 1916F, 890. 1030 191.50, 981. 1069 1915E,336. 45 L.R.A.(N.S.) 228 19160,676. 314 48: (X.S.)561. 382 191f>R,630. 391 19K5F. 1246. . 625 1917B.334. 629 47 : (X.S.) 1167. 46 L.R.A.(N.S.) 308 1915D, 1095. 517 1916D, 1193. 552 1917D,632. 561 (as insurance) 47 : (X.S.)296. 759 1917B, 974. 990 1917A,442. TABLE OF SUPPLEMENTED L.R.A. MOTES. 557 46 L.R.A.(N.S.) cont'd. 1043 1916F,215. 1049 50: (N.S.)489. 47 L.R.A.(N.S.) 38 1915C,47. 662 1916A, 957. 730 1916F.101. 1087 1915D, 684. 48 L.R.A.(N.S.) 65 1915D, 1099. 213 1916B, 879. 917 1916D, 1224. 987 1915C,48. 49 L.R.A. (N.S.) 438 1917F, 1060. 1123 1917A, 433. 50 L.R.A.(N.S.) 59 1916F, 223. 1917F, 365. 195 1917B,15. 227 1