PAGE. 274 97 8. Valid mortgage by wife rendered invalid by forgery 316 135 262 ..... EXECUTION. Officer's return on, conclusive until Detention of extradited pris- 2.-Inter-State; duty of executive of whom fugitive is ......... FALSE PRETENSES. See Criminal Law. FIDUCIARY DEBT. See Bankruptcy. 202 470 513 See Contract; Conveyance: Criminal Conversation; ICE. See Negligence. INDIANA. See Constitutional Amendments. INFANT. See Guardianship; Marriage; Married INFANTICIDE. See Criminal Law. 2. Of publication injurious to trade; jurisdiction. 152 419 436 See Corporations; Former Adjudication. 295 355 FORMER ADJUDICATION. Action by pledgee 516 2. Dedication to use for specified persons not dedica- 144 59 436 6. That a wife living with her husband is authorized 13.- Payable to mortgagee; not defeated by mortgagor's 118 256 164 118 16.-Vacancy, condition against; school-house; vaca- 4.- Evidence; condition against future intemperance; 5. Forfeitures by failure to pay premium when due ; reluctance of courts to enforce forfeitures. Sea- mans v. North W. Mutual Life Ins. Co. (U. S. C. C., 6. Insolvent company; non-payment of premiums. Matter of Attorney-General v. Guardian Mutual Life 7.-Insolvent company; right of receiver to appear in proceedings to determine priorities; constitutional law; obligation of contract; registered policies; annuities; computation of value; forfeitures; un- conscionable agreement; usury. Matter of Attor- ney-General v. N. A. L. Ins. Co. (N. Y. App.) 8.- Non-payment of premium invalidating policy. Gid- dings v. Northwestern Mutual Life Ins. Co. (U. S. 9.-Vested interest of beneficiary in policy. Ricker v. Charter Oak Life Ins. Co. (Minn. S. C.).. INSURANCE, MARINE. Unseaworthy ship; what MANSLAUGHTER. See Criminal Law. MAILS. Obstructing passage of; railroad train wrong- fully passing over defendants' land; statutory con- struction. United States v. DeMott (Com. Ct., MARINE INSURANCE. See Insurance, Marine. MARITIME LAW. Contract for repair of vessel: admiralty jurisdiction. Town of Pelham v. Schooner 2. Bill of lading; for what goods owners of vessels re- sponsible; authority of master; nature of instru- ment; contradicting by parol. Witzler v. Collins 3.-Bottomry bond; collision; order of liens. Force v. Pride of the Ocean (U. S. D. C., N. Y ) ... 3. Of justice of the peace cannot be upheld by mere in- tendment. Chappell v. Truscott (Buff. S. C.).. See Criminal Law; Insurance, Fire. JUDGMENT. Founded upon illegal contract, va- cating of Bredier v. Dorsey (Penn. S. C.).... 6.-Contract to furnish sails to vessels building; fur- nished after launching, a land contract and lien 7.-Duty of ship-owner to return mariner to port of ship- ment. Worth v. Steamboat (U. S. D. C., Mo.). river; Federal question. Schoonmaker v. Gilmore 2.-Circuit Courts, suit brought by assignee of munici- pal bond; acknowledgment of indebtedness. Porter v. Jonesville (U. S. C. C., Wis.).. 3.-Federal court; suit founded on contract in favor of an assignee when Circuit Court has no jurisdiction. Stanley v. Supervisors (U. S. C. C, N. Y.).... 4.-Of Federal courts over suits by States. New Orleans M. & T. R. R. Co. v. State (U. S. S. C.). 5.-Of Federal courts not c nferable by consent of parties, removal of cause from State court depend- ent upon subject-matter. People's Bank of Belle- ville v. Winslow (U. S. S. C.). 6-Foreign judgment on substituted service. Shepard 7.-State courts have, of actions in personam for mari- time torts. Brown v. Gilmore (Penn. S. C.)... 8.-Service of process; railroad company of one State leasing railroad in another, not citizen of latter State. Brownell v. Troy & B. R. R. Co. (U. S. C. C., See Conflict of Laws; Constitutional Law; Guard- 12. Sunday, seamen can be required to work on. Smith JUROR. Ignorance of English as affecting qualifica- LEASE. Covenant to pay taxes and assessments; what is an assessment. Budd v. Marshall (Eng. 2-Covenant as to use of premises -waiver by accept- 7.-Verba de futuro and cohabitation do not constitute. Hebblethwaite v. Hepworth (Ill. S. C.)... 8.- Validity of foreign; proof of handwriting; proof See Conveyance. MARRIED WOMAN. Debt of a married WO- man, which she is not bound to pay, will prove a suffi- cient consideration to support an obligation under seal, by a third person, to pay it. Leonard v. Duffin 6.- May be entitled to compensation for services per- LIBEL. See Slander ana Libel. LICENSE. See Excise; Patent. See Acknowledgment; Criminal Law; Statute of Lim- MASTER AND SERVANT. Negligence; con- tributory negligence by employee; what does not constitute. Hawley v. North. Cent. Ry. Co. (N. Y. 2.-Negligence; one assisting servant at request of master, not co-servant. Kelly v. Johnson (Mass. 3.-Negligence; master liable for injury to servant from defective machinery through negligence of co-ser- vant contributes. Cone v. Del. L. & W. R. R. Co. 4.-Negligence; duty as to safe machinery; inspector and brakeman not co-servants. Braun v. Chicago, R. I. & P. R. R. Co. (Iowa S. C.) 5.-Negligence; defective machinery; contributory negligence of co-servant. McMahon v. Henning (U. 6.- On what liability of master for injury to servant NATIONAL BANKS. Construction of Federal statute; State court has jurisdiction in action against bank in another State; attachment against property of bank. Robinson v. National Bank (N. Y. App.), 15 2.-Jurisdiction of Federal courts. Foss v. First National Bank (U. S. C. C., Col.)... 3.-Jurisdiction of State courts, as to offenses by offi- cers of. Commonwealth ex rel. Torrey v. Kettner MECHANICS' LIEN. Right of mechanic to as- sign. Pearsons v. Tincker (Me. S.C.) 2.-Inchoate right to, not assignable; assignment of installment due on contract. Merchant v. Ottum- wa Water Power Co. (Iowa S. C.) 3.-Husband and wife; wife's land not subject to lien for repairs without her authority or consent. Stein- man v. Henderson (Penn. S. C.).. bility for trespass of Sprague v. Tripp (R. I. S. C.).. 236 2.-Bonds; issue in excess of constitutional limit of municipal liability; recital in bonds; bona fide holder; estoppel. Buchanan v. Litchfield (U. S. S. C.) 516 3.-Irregular exercise of power in issuing bonds does not invalidate bonds; recitals in deed do not estab- lish deed. Singer Manuf. Co. v. Elizabeth (N. J. S. C.) 517 4.-Power of, in charter as to regulation of slaughter- houses, included power of total prohibition within specified limits Cronin v. People (N. Y. App.). 5.-Contempt, cannot be guilty of. Bass v. Shakopee 6. Limit of duty as to highways; evidence; commu- 7.-Negligence: liability for contractors, in repair of street. City of Logansport v Dick (Ind. S. Č.).. 8.-Negligence; liability for defective cross-walk; bur- den of proof. Luedecke v. Buffalo (Buff. S. C.). 97 9.-Not liable for injury from defective approach to bridge not owned by it in its limits. Bishop v. Cen- 10.-Ordinance excluding slaughter-houses from fixed area in city; statutory construction; power to regu- late includes power to prohibit; reason for statute need not be set forth. Cronins v. People (N. Y. 11. Set-off in action against city; that preliminary steps must precede action does not preclude set-off; claim against county not actionable subject of. Taylor v. 12.-Street railroad; permission to lay tracks not a fran- chise but a license. Buffalo C. R'y Co. v. N. Y. C. 13.-Exemption of cemeteries from taxation; assess- ments for local improvements. Olive Cemetery Co. v. Philadelphia (Penn. S. C.)..... 14. Town; action for personal injuries sustained by falling into a trench near a public building; when town or city is liable for defects. Larrabee v. Pea- 5.-When liable for special deposits. Pattison v. Syra- cuse National Bank (N. Y. App.). 6.-Taxation of shares, remedy for illegal; Constitu- NEGLIGENCE. Bailment; a gratuitous bailee only liable for gross negligence; question for jury. Car- rington v. Ficklin's Executor (Va. S. C.). 2.-Contributory, of parents; railroad company owes no duty of protection to children trespassing upon its track. Cauley v. Pitts., Cin. & St L. R. R. Co. 3.-Contributory, when a question for jury. Haskell 4.-Dangerous article; gas; contributory; affirmative proof of want of. Smith v. Boston Gas-Light Co. 5.-Firing cannon in public street, town not liable for negligence of officer in not preventing. Borough of Morristown v. Fitzpatrick....... 6.-Ice, negligent breaking of crop by steamboat. People's Ice Co. v. Excelsior (Mich. S. C.). 7.-Objects liable to frighten horses; turnpike com- pany liable after notice. Eggleston v. Columbia 8.-Omission to ring bell and keep flagman at street crossing, if not contributing to injury from railroad train, not negligence. Pakalinskey v. N. Y. C. & 9.-Proximate cause; fire communicated by burning oil on stream. Kuhn v. Jewett (N. J. Ch.)..... 10.-Remote cause; burning oil carried by stream. Kuhn 11.-Railroad company not liable for damages from sparks of engine leased to run on private road. Mar- quette, etc., R. R. Co. v. Spear (Mich. S. C.) 12 Railroad engine sparks setting fire; that fire occurs not evidence of negligence. Reading & C. R. R. Co. v. Latshaw (Penn. S. C.)....... 13.-Engine on railway near highway making noise with- out notice; question of fact. Hart v. Chicago, R. I. See Action Attorney; Bailment; Carrier of Passen- 3.-Payment of debt by certified check; loss of check; payment on forged indorsement; rights and liabili- 4.-Promissory note, what is stipulated in; notice. 5.-Promissory note; immaterial alteration adding 122 essential to negotiability of. 7.- Defense that maker was induced to sign by fraud, Porter v. Jonesville (U. 435 8.-Presentment and notice by a disqualified notary; evidence; protest of promissory note unnecessary. 9.-Holder for value, creditor surrendering note of debtor is, but not if surrendering dishonored check, 17 12. 4.- Executor de son tort, declaration against. Sawyer v. 136 317 97 378 R. Co. (Ill. S. C.). 1 NEWSPAPER. Law Weekly not. Beecher v. Stev- OFFICE AND OFFICER. Eligibility; removal of 297 339 2.- De facto, validity of acts of. Carli v. Rhener 453 3.- When official term commences; statutory construc- 275 5.-Infancy; evidence not objected to. Cutler v. Getz See Criminal Law; Tender. POSTMASTER. Not "officer of revenue," statu- 263 114 476 123 135 36 4.-Imperfect service of copy, when sufficient. Osgoodby 9.- Order not modified by opinion; when opinion may 434 516 55 183 3.-Step-child; when step-father stands in loco pa- 477 PARTITION. See Trust. 4.-Expulsion of member; Common Law Procedure 5.-Partners signing notes in individual names; when 6. Joint and several note given by partners; when Action lies to compel construction 196 90 ...... 436 357 2. Of corporation; estate in hands of, liable upon cov- 3.-Takes subject to claim of lienholder not party. ... RECORD. Mistake of register in recording does not RECORDING ACT. Assignment of mortgago; 455 254 477 255 295 PAGE. 377 311 SEDUCTION. See Evidence. 417 196 483 417 REGISTRATION. See Elections. 493 516 492 18 5.-The amount in a petition for, to Federal court, as to 157 See Contract. 74 ....... REWARD. Voluntary surrender of wrong-doer; RIGHT OF WAY. Over granted land surrounded See Easement; Real Estate. RIPARIAN RIGHTS. Custom as to use of streams; 111 419 35 4.-Ceases to run against a set-off from the date of the See Civil Damage Act: Criminal Law; Gambling; STOCK EXCHANGE. Legality of rules as to 36 2 70 STOCKS. See Corporations. 57 SUBMISSION. See Arbitration. 115 7. Or return; evidence of sale. Kahn v. Klabunde SUNDAY. Laws affecting one class only invalid. Ex 374 2. Maritime law; obligation of seaman to work on Sun- 163 SAVINGS BANKS. Degree of care required from |