where injuries resulting in death are received in one
State, the cause of action not surviving at com
mon law and no statute of that State being pleaded
showing the survival, an action cannot be waived
for such injury by the deceased's personal repre-
sentative in another state, ann. case, 210.

Where a foreign statute is penal in its nature and a
similar statute of the State in which the action is
brought contains none of such penal features, the
foreign statute cannot be enforced in the latter
State, ann. case, 210.

341.

limitations imposed by, upon municipal indebted
ness, 346, 364.

constitutionality of law providing for execution of
criminals by electricity, 361.

power of legislature to regulate and prescribe
maximum charges of grain elevators, 401.
constitution of the United States as influenced by
Chief Justice Marshall, C. E. 421.

meat inspection laws declared unconstitutional, C.
E. 421.
Indiana statute prohibiting the piping of natural
gas declared unconstitutional, C. E. 441.
what is included in the guaranty of an "equal foot-
ing" to the new States, 455.

power of municipal corporation under police power
to regulate and fix liquor selling license, 462.

CONTRACT,

validity of, in restraint of trade, R. D. 63.

for future delivery, validity of note given in settle-
ment, 122.

between husband and wife to cease quarreling is
void, R. D. 163.

publishing Sunday paper illegal, 171.

contract for full control of real estate advertise-
ment in daily, Sunday and weekly paper is entire
and indivisible so that any taint of illegality avoids
the whole, ann. case, 171.

contract void because unlawful cannot be ratified,
when owing to change in law, it would be lawful,
171.

law invaliding a judgment does not impair obliga.
tion of a contract, R. D. 242.

of infant, made by false representation as to age,
273.

against public policy, 308.

effect of dissolution of firm upon contract of hiring,
362.

wagering contract void, 382.

to deliver corporate stock, 405.

for future delivery void, 482.

consideration for, to abandon use of tobacco, R. D.
483.

entered into to "corner" the wheat market illegal,
482.

liability of, for libel, 69.

enactment in Texas as to foreign corporations, C. E.
81.

agreement by incorporator to refund money to sub-
scriber, 82.

sale of stock in good faith effect of, upon liability of
stockholders, ann. case, 110.

sale and transfer of stock to one insolvent, ann.
case, 110.

liability of directors of, for false representations in
prospectuses, 122.

when a stockholder accepts certificate of stock
which states that it will not be transferred till all
debts due the company by the holder are paid and
subsequently borrows money no subsequent pur-
chaser of such certificate can compel the company
to make the transfer, ann. case, 150.
unwillingness of court of equity to interfere, at suit
of stockholder in internal administration of, R. D.
164.
cannot defend against loan of money upon ground
of its use ultra vires, R. D. 203.

statutory liability of directors of for malfeasance,
B. D. 264.

attachment of stock of, in hands of bona fide pur-
chaser, R. D. 282.

assessment of stock in insolvent corporation by
court of equity, 322.

apon insolvency of, its directors become trustees
for its creditors, and hence they are prohibited
from taking a mortgage on the corporate prop-
erty to secure themselves for advances, etc., in
order to obtain priority, ann. case, 333.
preferences given by directors of, 336.
directors of, liable for property of insolvent com.
pany in trust, 384.

a note reading we promise to pay, signed with the
name of a corporation, followed by "A B, presi-
dent," is the note of the corporation alone and
parol evidence is inadmissible to explain it, ann.
case, 392.

right of, to exclusive use of name of State for
trade-name, R. D. 404.

Ansolvent corporations cannot make preferencs, R.
D. 442.

officers of, not liable for stock transferred to one
holding power of attorney and wrongfully con-
verted, 483.

CORRESPONDENCE,
154, 274, 356, 493.
COUNTIES,

limitation on indebtedness of, 202.
COURTS OF RECORD,

leading article by W. F. Elliott, Esq. 67.
COVENANT,

statutory covenant is not implied where deed con-
tains covenant of general warranty, R. D. 22.

CRIMINAL LAW,

cooling time in cases of homicide, leading article by
Solon D. Wilson, Esq. 186.

definition of homicide, 186.

ancient and modern doctrine as to homicide, 186.
feigned reconciliations leading up to homicide, 189.
insulting language regarding female relative lead-
ing up to homicide, 189.

adultery of wife as provocation for homicide, 189.
homicide resulting from duels, 190.

unintelligible instrument or writing cannot be made
the ground of charge of forgery, R. D. 248.

effect of intention to commit crime not carried out,
R. D. 305.

procuring another to administer poison, 305.
commenting on refusal of State grand jury to con-
sider indictment of criminal in hands of United
States court for same offense, 341.

taking of ornaments purchased by the husband, by
the wife's paramour is larceny, 345.

substance of the "habitual criminal act," 356.
intent and what is necessary to constitute it, 375.
the intent which constitutes crime of bigamy, 375.
what constitutes assault with intent to commit
rape, 383.

legal distinction between an intention and attempt
to commit rape, 446.

degree of proof required in cases of rape, R. D. 446.
effect of jury attending prayer meeting, 415.

commenting on constitutions adopted for North and
South Dakota, 301.

DAMAGES. See also measure of damages.
assessed on bill of exchange, 49.

exemplary damages upon proof of express malice
in publication of libel, 67.

whether provocation for an assault may be shown
in mitigation of, 223, 432.

DANGEROUS PREMISES. See negligence.

question of, in estimating liability for negligence, 222.
DAYS OF GRACE, 48.

DEATH BY WRONGFUL ACT. See measure of dam-
ages, conflict of laws.

DECLARATION OF TRUST. See trust.
DEED. See, also, covenant.

priority in the record of, leading article by B. R.
Webb, Esq., 248.

how general law of priority of, is declared, 248.
equity protects bona fide purchaser when, 249.
DEFECTIVE SIDEWALK. See negligence, municipal

corporation.

DEFECTIVE STREETS.
negligence.

DELIVERY,

See municipal corporation,

of process to marshal, 102.

DEMAND,

note payable on, 363.

DEPEW, C. M.

address of, at anniversary of Yale law school, C.
E. 1.

DESCRIPTION,

in chattel mortgage, 44.

DETAINER. See forcible entry and detainer.

DIGEST OF CURRENT OPINIONS,

15, 35, 54, 74, 94, 115, 134, 154, 175, 195, 214, 235, 255, 276.
296, 316, 337, 357, 377, 397, 416, 436, 456, 476, 495.

DIRECTORS. See corporations.

liability of registrars, 448.

mandamus of registrars, 448.

injunction against registrars, 449.

effect of registration, 449.

irregularities in registration, 449.

ELECTRICITY. See execution.

EMPLOYMENT. See contract.
EQUITABLE MORTGAGE,

what constitutes an, R. D. 65.

EQUITABLE SET-OFF,

A conductor of a freight train obtained judgment
against the railroad for injuries sustained by an
accident to his train. A passenger on the train,
who was allowed by the conductor, contrary to his
orders, to ride on his train, sued the railroad for
injuries received by him in the same accident:
Held, that the railroad, on the allegation of the con-
ductor's insolvency, might enjoin the conductor's
judgment till the passenger's suit was determined,
and in case of a judgment against it therein should
be credited on the conductor's judgment with its
payments on the passenger's judgment, ann. case,

230.

person extradited on defective papers can only be
released on complaint of foreign State, R. D. 23.
FALSE IMPRISONMENT,

by justice of the peace, for failure to obey supœna,
342.

FALSE REPRESENTATIONS,

commmenting on English case of Peak v. Derry, as
to, 122.

by infant that he is of full age, 273,

criticisms on English doctriue as laid down in Peak
v. Derry, 381.

as inducing sale of goods without warranty, 445.
FEDERAL DECISIONS,

vol. XXX., by William G. Myer, Esq., review of, 315.
FEDERAL COURTS,

jurisdiction of, over estates of deceased persons,
leading article by Russell H. Curtis, Esq., 145.
control of over wills, 146.

conflict of jurisdiction between State and, 148.
jurisdiction of, over estates of deceased persons,
concluded leading article by Russell H. Curtis,
Esq., 166.

conflict of jurisdiction between State and, 166.
suits in, by creditors against personal representa-
tives, legatees, devisees and heirs, 166.

suits in, by legatees, devisees and cestuis que trust,
168.

suits in, by personal representatives to collect de-
cedent's estate, 169.

right of deputy marshal to kill assailant of judge of,

341.

superior jurisdiction of, over State courts in crim-
inal cases, 341.

in the Indian Territory, 453.

shall State courts adopt Federal doctrines, 465, 485.
FELLOW SERVANTS. See, also, master and servant.
who are, in law of negligence, 4.

distinction between and vice principal, R. D. 482.
FIELD, DAVID DUDLEY,

address of, at meeting of American bar association,
C. E. 321.

FIREMAN. See municipal corporation.

FIXTURE,

pump, boiler and tank put in on line of railroad
company not a, R. D. 163.

ice as a, in Kentucky, 435.

FLY SCREENS,

as causing damage, 81.

FORCIBLE ENTRY AND DETAINER,

and unlawful detainer, leading article by D. R. N.
Blackburn, Esq., 124.

effect of malicious prosecution of, 51.
FOREIGNERS. See alien.

FOREIGN,

bill of exchange, 46.

FORGERY. See criminal law.

FORMER CONVICTION. See criminal practice.

limitations upon municipal indebtedness in, 364.
GRAIN ELEVATORS. See constitutional law.
HABEAS CORPUS,

to relieve from contempt not committed in presence
of the court, R. D. 182.

release of deputy marshal Neagle, charged with
murder of Terry, 261

commenting on action of United States court in the
Neagle case, 341.

HABITUAL CRIMINAL'S ACT,
substance of the, 356.

HAWKERS AND PEDDLERS,

leading article by, Frank H. Bowlby, Esq., 284.
who are, 284.

restriction imposed upon, 285.

constitutionality of acts requiring a license from,

285.

INDEX,

to volume 28, explanation of, 21.
to volume 29, announcement of, 482.
INDIAN TERRITORY,

an outline of the laws administered in, article by Z.
T. Walrond, Esq., 453.

INDIANA,

limitations upon municipal indebtedness in, 352.
INDORSER. See negotiable instrument.

INFANT,

boy of ten cannot be said to assume risks of employ.
ment, R. D. 266.

infancy is a good plea to an action ex delicto for false-
ly representing that defendant was of full age,
whereby plaintiff was induced to contract with
him, ann. case, 273.

INJUNCTION,

against registrars of election, 449.

INSANITY,

of partner, effect on partnership, 104.
INSOLVENCY. See bankruptcy, fraudulent convey.

ance.

INSURABLE INTEREST. See life insurance.
INSTITUTIONS OF LEARNING. See schools.
INSURANCE. See also accident insurance.

situs of insured property, leading article, by J. R.
Berryman, Esq., 86.
removal of insured property for purpose of use, 86.
removal of insured property from threatened dan -
ger, 89.
requirement of policy as to furnishing sworn proof
of loss, 107.

construction of contract of, where goods insured are
lost by salesman traveling in carriage, 426.
INTENT. See criminal law.

legality of a broker's fee under usury laws, 225.
INTERPRETATION,

of word "journey" in statute forbidding carrying
concealed weapons, 226.

of term "cruel and unusual punishment" in New
York constitution, 361.

INTERSTATE COMMERCE,

limitations upon the power of State to legislate on,
263.

decisions under the criminal clause of act, 302.
municipal corporation cannot impose tax on tele-
graph company, being instruments of, 325.

INTOXICATING LIQUORS,

license by municipal corporation to sell is not a con-
tract, but a police reputation, R. D. 462.

IOWA,

limitation upon indebtedness in, 346.
JOURNEY,

definition of, R. D. 226.

JUDGMENT,

whether a contract within the constitutional prohi-
bition as to impairing obligation of contract, R. D.
242.

effect upon, of limitation upon municipal indebted-
ness, 367.

JURISDICTION FEDERAL COURT. See federal court.

JURY,

trial by, when can be waived, 84.

opinions which disquality from service, 201.

constitutional number of, in the State of Washing.
ton, 275.

challenging of, J. and F. 314.

jury at a prayer meeting, J. and F. 415.
JUSTICE FIELD,

defense of, by marshal Neagle, C. E. 161.
JUSTICE OF THE PEACE,

not liable in civil action for illegal arrest of one who
has failed to obey his subpoena, improperly issued,

342.

KENT'S COMMENTARIES, LACY'S EDITION,
review of, 295.

KENTUCKY,

ballot reform act of, 21.

county court day in, J. and F. 174.

LANDLORD AND TENANT. See lease.